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China’s new Border Law

  Feb 04, 2022

China’s new Border Law

Q Why is it in News ?

A China’s new law on land borders has come into effect on January 1.

Q What are key takeaways of the Border Law ?

A China passed the law for the “protection and exploitation of the country’s land border areas”.

  • Sacrosanct nature of Borders: Under the law, “the sovereignty and territorial integrity of China are sacred and inviolable”.
  • Border defense: It mandates the state to take measures “to strengthen border defense, support economic and social development as well as opening-up in border areas.
  • Habitation near borders: It seeks to improve public services and infrastructure in such areas, encourage and support people’s life and work there.
  • Consultations with neighbors: The law asks the state to follow the principles of equality, mutual trust, and friendly consultation, handle land border related-affairs with neighboring countries.

Q Why did China bring it?

A Several factors may have led to China’s move.

  • Aggressive actions: The new law is a tool the Chinese government will use if it wants, as its actions have been aggressive even before this law.
  • Maritime assertion: This law reflects Beijing’s renewed concerns over the security of its land border while it confronts a slew of unsettled disputes on its maritime front (in the South China Sea).
  • Land boundary issues: The confrontations on the Sino-Indian borders in recent years may have reminded Beijing about this law.
  • Fear of radicalization: Afghanistan under the Taliban may become a hotbed for terrorism and extremism that could spread to Xinjiang amongst Uyghurs.
  • One-China Policy: China officially (constitutionally) claims mainland China and Taiwan as part of their respective territories. It has similar assertions for Hong Kong.

Q Does it concern India?

  • No specific mention: Although the law is not meant specifically for India, it is bound to have some impact.
  • May hamper disengagement:  The date for the round meeting is still awaited, amid concerns that the Chinese delegation can use the new law to try to bolster their existing positions.
  • Possible misadventures: The new law provides for the construction of permanent infrastructure close to the border. This has been observed in Arunachal Pradesh.

Q What impact can it have on India-China relations?

  • Onus on China: The view is still divided. Much depends on China’s actions, regardless of the new law.
  • Unilateral action: The new law might be the latest attempt by China to unilaterally delineate and demarcate territorial boundaries with India and Bhutan.
  • Maintain status-quo: The new law will make China dig its heels in, on the ongoing standoff as well as for the resolution of the larger boundary issue.
  • Permanent demarcation of borders: There is also a possibility that Beijing appears to be signaling a determination to resolve the border disputes on its preferred terms.

Q What are other recent mis-adventures ?

  • China has been building “well-off” border defense villages across the LAC in all sectors, which the new law encourages.
  • President Xi visited a village in Tibet near the border with Arunachal Pradesh followed by renamings.
  • China has constructed a bridge in Eastern Ladakh connecting the North and South Banks of Pangong Tso.

Q What can  be the Conclusion ?

  • The law only “states the obvious” as “every country is in the business of protecting its territorial integrity.
  • The big question is what your territory is, and there we don’t agree with each other.