I
一
1. The Dong Lang area (Doklam) is located in Yadong county of the Tibet Autonomous Region of China. It borders India's Sikkim state on the west and the Kingdom of Bhutan on the south. In 1890, China and the UK signed the Convention Between Great Britain and China Relating to Sikkim and Tibet, which delimited the boundary between the Tibet region of China and Sikkim. According to the Convention, the Dong Lang area, which is located on the Chinese side of the boundary, is indisputably Chinese territory. For long, China's border troops have been patrolling the area and Chinese herdsmen grazing livestock there. At present, the boundary between the Dong Lang area and Sikkim is a part of the China-India boundary in the Sikkim Sector.
1、洞朗地区位于中国西藏自治区亚东县,西与印度锡金邦相邻,南与不丹王国相接。1890年,中国和英国签订《中英会议藏印条约》,划定了中国西藏地方和锡金之间的边界。根据该条约规定,洞朗地区位于边界线中国一侧,是无可争议的中国领土。长期以来,中国边防部队和牧民一直在该地区开展巡逻和放牧活动。目前,洞朗地区与锡金之间的边界是中印边界锡金段的一部分。
2. On 16 June 2017, the Chinese side was building a road in the Dong Lang area. On 18 June, over 270 Indian border troops, carrying weapons and driving two bulldozers, crossed the boundary in the Sikkim Sector at the Duo Ka La (Doka La) pass and advanced more than 100 meters into the Chinese territory to obstruct the road building of the Chinese side, causing tension in the area. In addition to the two bulldozers, the trespassing Indian border troops, reaching as many as over 400 people at one point, have put up three tents and advanced over 180 meters into the Chinese territory. As of the end of July, there were still over 40 Indian border troops and one bulldozer illegally staying in the Chinese territory.
2、2017年6月16日,中方在洞朗地区进行道路施工。6月18日,印度边防部队270余人携带武器,连同2台推土机,在多卡拉山口越过锡金段边界线100多米,进入中国境内阻挠中方的修路活动,引发局势紧张。印度边防部队越界人数最多时达到400余人,连同2台推土机和3顶帐篷,越界纵深达到180多米。截至7月底,印度边防部队仍有40多人和1台推土机在中国领土上非法滞留。
3. After the outbreak of the incident, Chinese border troops took contingency response measures on the spot. On 19 June, the Chinese side made prompt and serious representations with the Indian side through diplomatic channels to strongly protest and condemn the illegal trespass by the Indian side and demand the immediate withdrawal of the trespassing Indian border troops back to the Indian side of the boundary. China's Ministry of Foreign Affairs, Ministry of National Defense and the Chinese Embassy in India made serious representations with India for multiple times in Beijing and New Delhi, strongly urging India to respect China's territorial sovereignty and immediately pull back its trespassing border troops. The spokespersons of the Chinese foreign and defense ministries spoke in public on various occasions, laid out the facts and truth, stated China's position and released a map and on-the-scene photos showing Indian troops' trespass (see Appendix I).
3、事件发生后,中国边防部队在现地采取了紧急应对措施。6月19日,中方通过外交途径紧急向印方提出严正交涉,对印方非法越界行为予以强烈抗议和谴责,要求印方立即将越界的印度边防部队撤回到边界线印度一侧。中国外交部、国防部、中国驻印度使馆在北京和新德里先后多次向印度提出严正交涉,强烈要求印度尊重中国的领土主权,立即撤回越界的边防部队。中国外交部、国防部发言人多次公开表态,说明事实真相,表明中方立场,并公布了印军越界的地图和现场照片(见附件1)。
II
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4. The China-India boundary in the Sikkim Sector has already been delimited by the 1890 Convention Between Great Britain and China Relating to Sikkim and Tibet (hereinafter referred to as the 1890 Convention, see Appendix II). Article I of this Convention stipulates that "The boundary of Sikkim and Tibet shall be the crest of the mountain range separating the waters flowing into the Sikkim Teesta and its affluents from the waters flowing into the Tibetan Mochu and northwards into other Rivers of Tibet. The line commences at Mount Gipmochi on the Bhutan frontier, and follows the above-mentioned water-parting to the point where it meets Nipal territory." (Mount Gipmochi is currently known as Mount Ji Mu Ma Zhen.) The Convention gives a clear and precise description of the alignment of the boundary in this sector. The actual boundary on the ground follows the watershed and its alignment is easily identifiable.
4、中印边界锡金段已由1890年《中英会议藏印条约》(以下简称"1890年条约",见附件2)划定。该条约第一款规定:"藏、哲之界,以自布坦交界之支莫挚山起,至廓尔喀边界止,分哲属梯斯塔及近山南流诸小河,藏属莫竹及近山北流诸小河,分水流之一带山顶为界"(注:支莫挚山即今吉姆马珍山)。此段边界线走向条约叙述清晰准确,实地边界线沿分水岭而行,走向清晰可辨。
5. After the founding of the People's Republic of China and the independence of India, the governments of both countries inherited the 1890 Convention and the delimited China-India boundary in the Sikkim Sector as established by the Convention. This is evidenced by Indian Prime Minister Jawaharlal Nehru's letters to Chinese Premier Chou En-lai, diplomatic notes from the Indian Embassy in China to the Chinese Foreign Ministry, and documents provided by the Indian side in the Special Representatives Talks on China-India Boundary Question (see Appendix III). Each of the two sides has for long exercised jurisdiction over its side of the boundary delimited by the 1890 Convention without any dispute over the specific alignment of the boundary. Once a boundary is established by a convention, it is under particular protection of international law and shall not be violated.
5、新中国成立和印度独立后,两国政府均继承了1890年条约以及据此确定的中印边界锡金段已定界,这反映在印度总理尼赫鲁给中国总理周恩来的信件、印度驻华使馆给中国外交部的照会、中印边界问题特别代表会晤印方提交的文件中(见附件3)。长期以来,中印两国按1890年条约确定的边界线实施管辖,对于边界线的具体走向没有异议。边界一经条约确定,即受国际法特别保护,不得侵犯。
6. Since 18 June, the Indian border troops have illegally crossed the China-India boundary in the Sikkim Sector and entered the Chinese territory. This is an undeniable fact. The incident occurred in an area where there is a clear and delimited boundary. This makes it fundamentally different from past frictions between the border troops of the two sides in areas with delimited boundary. The Indian border troops' crossing of the already delimited boundary is a very serious incident, as it violates China's sovereignty and territorial integrity, contravenes the 1890 Convention and the UN Charter, and tramples grossly on the basic principles of international law and basic norms governing international relations.
6、6月18日以来,印度边防部队非法越过中印锡金段边界进入了中国领土,这是不容否认的事实。此次事件发生在边界线清楚的已定界地区,与过去双方边防部队在未定界地区发生的摩擦有着本质区别。印度边防部队越过既定边界,侵犯了中国主权和领土完整,违反了1890年条约,违反了《联合国宪章》,是对国际法基本原则和国际关系基本准则的粗暴践踏,性质非常严重。
III
三
7. Since the incident broke out, India has invented various excuses to justify its illegal action, but its arguments have no factual or legal grounds at all and are simply untenable.
7、事件发生以来,印度炮制种种"借口"为其非法行为辩护,有关说法在事实和法律上毫无根据,根本不能成立。
8. The China-India boundary in the Sikkim Sector has already been delimited, and the Dong Lang area is Chinese territory. China's road building on its own territory is aimed at improving local transportation, which is completely lawful and legitimate. China did not cross the boundary in its road building, and it notified India in advance in full reflection of China's goodwill. The Indian border troops have flagrantly crossed the mutually-recognized boundary to intrude into the Chinese territory and violated China's territorial sovereignty. This is indeed a real attempt to change the status quo of the boundary, and it has gravely undermined peace and tranquility of the China-India border area.
8、中印边界锡金段已经划定,洞朗地区是中国领土。中国在自己的领土上进行道路施工,目的是为了改善当地的交通,完全正当合法。中国修路活动没有越过边界线,而且提前通报了印度,最大限度体现了善意。印度边防部队公然越过双方承认的边界线,侵入中国领土,侵犯中国的领土主权。这才是真正企图改变边界现状,也严重破坏了中印边境地区的和平与安宁。
9. India has cited "serious security implications" of China's road building as a justification for its illegal crossing of the boundary. According to UN General Assembly Resolution 3314 adopted on 14 December 1974, no consideration of whatsoever nature, whether political, economic, military or otherwise, may serve as a justification for the invasion or attack by the armed forces of a State of the territory of another State. To cross a delimited boundary and enter the territory of a neighboring country on the grounds of so-called "security concerns", for whatever activities, runs counter to the basic principles of international law and basic norms governing international relations. No such attempt will be tolerated by any sovereign State, still less should it be the normal way of conduct between China and India as two neighboring States.
9、印度以中国修路活动带来"严重安全风险"为自己的非法越界行为辩护。联合国大会1974年12月14日通过的3314号决议规定,不得以任何理由,不论是政治性、经济性、军事性或其他性质理由,为一个国家的武装部队侵入或攻击另一国家的领土作辩解。以所谓的"安全关切"为由越过已定边界线进入邻国领土,无论从事任何活动,都违反国际法基本原则和国际关系基本准则,都不会为任何一个主权国家所容忍,更不是中印两个邻国正常的相处之道。
10. Over the years, Indian troops have constructed a large number of infrastructure facilities including roads at the Duo Ka La pass and its nearby areas on the Indian side of the boundary, and even built fortifications and other military installations on the boundary. China, on the contrary, has only had very little infrastructure built on its side of the boundary in the same sector. In recent years, Indian border troops have also obstructed the normal patrols along the boundary by Chinese border troops, and attempted to build military installations across the boundary. In response, Chinese border troops lodged repeated protests and took lawful actions to dismantle the facilities installed by the Indian military on the Chinese side of the boundary. The fact of the matter is it is India that has attempted time and again to change the status quo of the China-India boundary in the Sikkim Sector, which poses a grave security threat to China.
10、长期以来,印军在多卡拉山口及其附近地区的边界线印度一侧修建了道路等大量基础设施,甚至在边界线上修建碉堡等军事设施。与此相反,中国在该段边界线中国一侧只进行了少量的基础设施建设。近年来,印度边防部队还阻挠中国边防部队沿着边界线正常巡逻执勤,并企图越界修建军事设施,中国边防部队对此多次提出抗议并依法拆除印军越界设施。实际上,正是印度企图不断改变中印边界锡金段现状,对中国构成严重的安全威胁。
11. The 1890 Convention has made it abundantly clear that the China-India boundary in the Sikkim Sector commences at Mount Ji Mu Ma Zhen on the Bhutan frontier. Mount Ji Mu Ma Zhen is the eastern starting point of the China-India boundary in the Sikkim Sector and it is also the boundary tri-junction between China, India and Bhutan. The Indian border troops' trespass occurred at a place on the China-India boundary in the Sikkim Sector, which is more than 2,000 meters away from Mount Ji Mu Ma Zhen. Matters concerning the boundary tri-junction have nothing to do with this incident. India should respect the 1890 Convention and the eastern starting point of the China-India boundary in the Sikkim Sector as established by the Convention. It has no right to unilaterally alter the delimited boundary and its eastern starting point, still less should it violate China's territorial sovereignty on the basis of its untenable arguments.
11、1890年条约已确定,中印边界锡金段起自与不丹交界的吉姆马珍山,这是中印边界锡金段的东端点,也是中国、印度、不丹的三国交界点。此次印度边防部队越界的地点位于中印边界锡金段的边界线上,距离吉姆马珍山约有2000多米之远。此次事件与三国交界点问题并无关系。印度应尊重1890年条约及其确定的中印边界锡金段东端点,无权单方面改变既定边界线及其东端点,更不得以此为由侵犯中国的领土主权。
12. The stability and inviolability of boundaries is a fundamental principle enshrined in international law. The China-India boundary in the Sikkim Sector as delimited by the 1890 Convention has been continuously valid and repeatedly reaffirmed by both the Chinese and Indian sides. Either side shall strictly abide by the boundary which shall not be violated. The Chinese and Indian sides have been in discussion on making the boundary in the Sikkim Sector an "early harvest" in the settlement of the entire boundary question during the meetings between the Special Representatives on the China-India Boundary Question. This is mainly in view of the following considerations. The boundary in the Sikkim Sector has long been delimited by the 1890 Convention, which was signed between then China and Great Britain. China and India ought to sign a new boundary convention in their own names to replace the 1890 Convention. This, however, in no way alters the nature of the boundary in the Sikkim Sector as having already been delimited.
12、边界在国际法上具有稳定性和不可侵犯性。由1890年条约确定的中印边界锡金段持续有效,为中印双方一再确认。任何一方都须严格恪守,不得侵犯。中印双方正在边界问题特别代表会晤中探讨在锡金段边界实现解决边界问题的"早期收获",这主要是考虑到锡金段边界已由1890年条约划定,且该条约由当时的中国和英国签署,中印应该以中国和印度的名义签订新的边界条约,以代替1890年条约。但这丝毫不影响中印边界锡金段的既定边界性质。
13. The Dong Lang area has all along been part of China and under China's continuous and effective jurisdiction. There is no dispute in this regard. Since the 1980s, China and Bhutan, as two independent sovereign States, have been engaged in negotiations and consultations to resolve their boundary issue. The two sides have, so far, had 24 rounds of talks and reached broad consensus. Although the boundary is yet to be formally delimited, the two sides have conducted joint surveys in their border area and have basic consensus on the actual state of the border area and the alignment of their boundary. The China-Bhutan boundary issue is one between China and Bhutan. It has nothing to do with India. As a third party, India has no right to interfere in or impede the boundary talks between China and Bhutan, still less the right to make territorial claims on Bhutan's behalf. India's intrusion into the Chinese territory under the pretext of Bhutan has not only violated China's territorial sovereignty but also challenged Bhutan's sovereignty and independence. China and Bhutan are friendly neighbors. China has all along respected Bhutan's sovereignty and independence. Thanks to the joint efforts of both sides, the border area between China and Bhutan has always enjoyed peace and tranquility. China will continue to work with Bhutan to resolve the boundary issue between the two countries through negotiations and consultations in the absence of external interference.
13、洞朗地区历来属于中国,一直在中国的有效管辖之下,不存在争议。中国和不丹都是主权独立国家,从上世纪80年代开始通过谈判协商解决边界问题,迄今已进行了24轮边界会谈,达成了广泛共识。两国虽未正式划界,但双方已对边境地区实施了联合勘察,对边境地区的实际情况和边界线走向存在基本共识。中不边界问题是中、不两国的事情,与印度无关。印度作为第三方,无权介入并阻挠中不边界谈判进程,更无权为不丹主张领土。印度以不丹为借口侵入中国领土,不仅侵犯了中国的领土主权,而且是对不丹主权和独立的挑战。中国和不丹是友好邻邦,中国历来尊重不丹的主权和独立。在双方的共同努力下,中不两国边境地区一直保持和平安宁。中国愿继续同不丹一道,在不受外来干涉的情况下,通过谈判协商解决两国间的边界问题。