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China-India border dispute
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Video footage released by China of last year’s deadly clash in the Galwan valley. Photo: AFP

China passes law to strengthen border security amid ongoing tensions with India and terrorism fears

  • Legislation authorises use of police weapons against illegal crossers and blockades
  • Country shares border with 14 neighbours and is also concerned about Covid-19 crossing into China and the possible terror threat from Afghanistan

China has passed a law to strengthen border security that permits the use of blockades and “police apparatus and weapons” against those who cross its borders illegally.

China has been in a protracted border stand-off with India, with both sides building up their military presence following a deadly clash in the Galwan valley in June last year.
China shares a land border with 14 countries – North Korea, Russia, Mongolia, Kazakhstan, Kyrgyzstan, Tajikistan, Afghanistan, Pakistan, Bhutan, Laos, Myanmar, Nepal, Vietnam and India – and is also worried about the risk of terrorists crossing into Xinjiang from Taliban-controlled Afghanistan and of Covid-19 spilling over from its neighbours.

China sends in 100 rocket launchers to fortify border with India

The Land Borders Law, with a total of 62 clauses in seven chapters, is designed to “regulate, strengthen, protect and stabilise border security”.

It was rubber stamped by China’s top legislature, the National People’s Congress Standing Committee, on Saturday and will come into effect on January 1, 2022.

“Law enforcement officers can use police apparatus and weapons on illegal border crossers who have assaulted, resisted arrest or performed other violent moves that could endanger the safety of people or property,” the law says, adding that any drones, balloons and microlight aircraft are forbidden along borders.

“The law also stipulates that the state shall build basic facilities for the purposes of blockade, transportation, communication, monitoring, deterrence, defence and assistance when needed. The state can also build facilities for blockades on the border after negotiations with the neighbouring country.

“These basic border facilities, apart from defending the country’s sovereignty, shall support economic and social development as well protecting natural resources and the environment... and meet the needs of residents living there.”

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China reveals details of 2020 border clash with Indian troops after both sides complete pullback

China reveals details of 2020 border clash with Indian troops after both sides complete pullback

The document also said that dispute management mechanisms with bordering countries should be set up to solve conflicts under the principle of equality, mutual trust, and friendly consultation.

The law was passed two weeks after the latest round of talks between Chinese and Indian military commanders broke down. Each side blamed the other, with China accusing its neighbour of making unreasonable demands, while the Indians complained that the Chinese had failed to provide “forward-looking proposals”.

While Beijing and New Delhi have both pledged to resolve the situation peacefully, progress has been stalled after earlier rounds of talks led to an agreement on disengagement in some areas, including thousands of troops from the Pangong Tso area in the Himalayan region of Ladakh.

While the onset of winter is likely to see the border troops digging in, media reports from both countries indicate that the two sides have been building up their facilities and increasing the number of drills near the 3,488km (2,167-mile) undemarcated Line of Actual Control (LAC) that separates the countries.

With challenges on almost every side, China urged to raise border defence

Last year, 20 Indian and at least four Chinese soldiers were killed in the Galwan valley, the deadliest clash between the two countries in decades.

Soldiers on both sides fought barehanded, and with sticks and rocks instead of using firearms or explosives due to an agreement reached in 1996, which bans troops from firing guns or detonating explosives within 2km of the LAC except on shooting ranges.

Lin Minwang, deputy director of Fudan University’s Centre for South Asian Studies in Shanghai, said: “From a practical point of view, many of these things now allowed by this set of law have long been the usual practice, for example the use of police apparatus and weapons. It is more significant in the sense that border defence is being given more legitimacy.”

Lin said China has been looking into strengthening its border management in the past few years, adding: “The laws here demonstrate the way forward, but how strongly it will be implemented also goes back to people managing the border on-site... But actually the building of these monitoring, communication facilities is absolutely normal, the Indians are building them too. In fact, every country is trying to build these.”

This article appeared in the South China Morning Post print edition as: Security on borders bolstered by new law
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