The McMahon Line- a Century of Discord
Page 44
The Regulations applicable to the trade mart at Yatung, under the Anglo-Chinese agreement of 1893, shall subject to such amendments as may hereafter be agreed upon …….
In addition to establishing trade marts at the places mentioned, the Thibetan Government undertakes to place no restrictions on the trade by existing routes, and to consider the question of establishing fresh trade marts under similar conditions if development of trade requires it.
3.The question of the amendment of the regulations of 1893 is reserved for separate consideration, ……
4.The Thibetan Government undertakes to levy no dues of any kind other than those provided for in the tariff to be mutually agreed upon.
5.The Thibetan Government undertakes to keep the roads to Gyangtse and Gartok from the frontier clear of all obstruction and in a state of repair suited to the needs of the trade marts that may hereafter be established, a Thibetan Agent who shall receive from the British Agent appointed to watch over British trade at the marts in question any letter which the latter may desire to send to the Thibetan or to the Chinese authorities. The Thibetan Agent shall also be responsible for the due delivery of such communications and for the transmission of replies.
6.As an indemnity to the British Government for the expense incurred in the dispatch of armed troops to Lhasa, to exact reparation for breaches of Treaty obligations, and for the insults offered to and attacks upon the British Commissioners and his following and escort, the Thibetan Government engages to pay a sum of £ 500,000/- equivalent to 75 lakhs of rupees - to the British Government.
The indemnity shall be payable at such place as the British Government may from time to time, after due notice, indicate, whether in Thibet or in the British districts of Darjeeling or Jalpaiguri, in seventy-five annual installments of one lakh of rupees each on the 1st January in each year, beginning fron the 1st January, 1906.
7.As security for the payment of the above mentioned indemnity, and for the fulfillment of the provision relative to trade marts specified in Articles II, III, IV and V, the British Government shall continue to occupy the Chumbi Valley until the indemnity has been paid, and until the trade marts have been effectively opened for three years, whichever date may be the later.
8.……..
9.The Government of Thibet engages that, without the previous consent of the British Government –
(a)No portion of Thibetan territory shall be ceded, sold, leased, mortgaged or otherwise given for occupation, to any Foreign Power;
(b)No such Power shall be permitted to intervene in Thibetan affairs;
(c)No Representatives or Agents of any Foreign Power shall be admitted to Thibet;
(d)No concessions for railways, roads, telegraphs, mining or other rights, shall be granted to any foreign power, or the subject of any foreign power. In the event of consent to such concessions being granted, similar or equivalent concessions shall be granted to the British Government;
(e)No Thibetan revenues, whether in kind or in cash, shall be pledged or assigned to any foreign power, or to the subject of any foreign power.
10.In witness whereof the negotiators have signed the Thibetan date, the 27th of the seventh month of the Wood Dragon year.
(Thibet Frontier Commission) (Seal of British Commissioner) F.E. Younghusband, Colonel, British Commissioner. (Seal of the Dalai Lama affixed by the Ga-den Ti-Rimpoche.)
(Seal of Council.) (Seal of Gaden Monastery) (Seal of Dre-pung Monastery.) (Seal of Sera Monastery.) (Seal of National Assembly).
The Viceroy and Governor - General of India ratified the Convention on 11 November 1904, subject to reduction of indemnity to Rs 25,00,000 and a declaration that British occupation of the Chumbi valley would cease after payment of three annual installments, provided that the Tibetans Comply with the other terms of the Convention.
Appendix 3
Excerpts of the Convention between Great Britain and Russia relating to Persia, Afghanistan and Tibet (31 August 1907).
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominious beyond the Seas, Emperor of India, and His Majesty the Emperor of All the Russias, animated by the sincere desire to settle by mutual agreement different questions concerning the interests of their states on the Continent of Asia, have determined to conclude Agreements destined to prevent all cause of misunderstanding between Great Britain and Russia in regard to the questions referred to, and have nominated for this purpose their respective Plenipotentiaries to wit:
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Right Honourable Sir Arthur Nicolson, His Majesty’s Ambassador Extraordinary and plenipotentiary to His Majesty the Emperor of all the Russias;
His Majesty the Emperor of all the Russias, the Master of his Court Alexander Isworsky, Minister for Foreign Affairs;
Who, having communicated to each other their full powers, found in good and due form, have agreed on the following :-
Arrangement concerning Thibet
The Governments of Great Britain and Russia recognizing the suzerain rights of China in Thibet, and considering the fact Great Britain, by reason of her geographical position, has a special interest in the maintenance of the status quo in the external relations of Thibet, have made the following arrangement :-
ARTICLE I
The two High Contacting Parties engage to respect the territorial integrity of Thibet and to abstain from all interference in the internal administration.
ARTICLE II
In conformity with the admitted principle of the suzerainty of China over Thibet, Great Britain and Russia engage not to enter into negotiations with Thibet except through the intermediary of the Chinese Government………..
It is dearly understood that Buddhists, subjects of Great Britain or of Russia, may enter into direct relations on strictly religious matters with the Dalai Lama and the other representatives of Buddhism in Thibet;………..
ARTICLE III
The British and Russian Governments respectively engage not to send Representatives to Lhassa.
ARTICLE IV
The two High Contracting Parties engage neither to seek nor to obtain, whether for themselves or their subjects, any Concessions for railways, roads, telegraphs, and mines, or other rights in Thibet.
ARTICLE V
The two Governments agree that no part of the revenues of Thibet, whether in kind or in cash, shall be pledged or assigned to Great Britain or Russia or to any of their subjects.
Annex to the Arrangement Between Great Britain and Russia Concerning Thibet………..
The present Convention shall be ratified, and the ratifications exchanged at St. Petersburgh as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the present Convention and affixed thereto their seals.
Done in duplicate at St. Petersburgh, the 18th (31st) of August, 1907.
APPENDIX 4
Excerpts of the Convention Between Great Britain, China and Tibet, Simla (1913-14).
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Excellency the President of the Republic of China, and His Holiness the Dalai Lama of Tibet, being sincerely desirous to settle by mutual agreement various questions concerning the interests of their several States on the Continent of Asia, and further to regulate the relations of their several Governments, have resolved to conclude a Convention on this subject and have nominated for this purpose their respective Plenipotentiaries, that is to say:
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, Sir Arthur Henry McMahon, Knight Grand Cross of the Royal Victorian Order, Knight Commander of the Most Eminent Order of the Indian Empire, Companion of the Most Exalted Order of the Star of India, Secretary to the Government of India, Foreign and Political Depar
tment;
His Excellency the President of the Republic of China, Monsieur Ivan Chen, Officer of the Order of the Chia Ho;
His Holiness the Dalai Lama of Tibet, Lonchen Ga-den Shatra Paljor Dorje; who having communicated to each other their respective full powers and finding them to be in good and due form have agreed upon and concluded the following Convention in eleven Articles :-
ARTICLE 1
The Conventions specified in the Schedule to the present Convention shall, except in so far as they may have been modified by, or may be inconsistent with or repugnant to, any of the provisions of the present Convention, continue to be binding upon the High Contracting Parties.
ARTICLE 2
The Governments of Great Britain and China recognizing that Tibet is under the suzerainty of China, and recognizing also the autonomy of Outer Tibet, engage to respect the territorial integrity of the country, and to abstain from interference in the administration of Outer Tibet (including the selection and installation of the Dalai Lama), which shall remain in the hands of the Tibetan Government at Lhasa.
The Government of China engages not to convert Tibet into a Chinese province. The Government of Great Britain engages not to annex Tibet or any portion of it.
ARTICLE 3
Recognizing the special interest of Great Britain, in virtue of the geographical position of Tibet, in the existence of an effective Tibetan Government, and in the maintenance of peace and order in the neighbourhood of the frontiers of India and adjoining States, the Government of China engages, except as provided in Article 4 of this Convention, not to send troops into Outer Tibet, nor to station civil or military officers, nor to establish Chinese colonies in the country. Should any such troops or officials remain in Outer Tibet at the date of the signature of this Convention, they shall be withdrawn within a period not exceeding three months.
The Government of Great Britain engages not to station military or civil officers in Tibet (except as provided in the Convention of September 7, 1904, between Great Britain and Tibet) nor troops (except the Agents’ escorts), nor to establish colonies in that country.
ARTICLE 4
The foregoing Article shall not be held to preclude the continuance of the arrangement by which, in the past, a Chinese high-official with suitable escort has been maintained at Lhasa, but it is hereby provided that the said escort shall in no circumstances exceed 300 men.
ARTICLE 5
The Governments of China and Tibet engage that they will not enter into any negotiations or agreements regarding Tibet with one another, or with any other Power, excepting such negotiations and agreements between Great Britain and Tibet as are provided for by the Convention of September 7, 1904, between Great Britain and Tibet and the Convention of April 27, 1906, between Great Britain and China.
ARTICLE 6
Article III of the Convention of April 27, 1906, between Great Britain and China is hereby cancelled, and it is understood that in Article IX(d) of the Convention of September 7, 1904, between Great Britain and Tibet the term ‘Foreign Power’ does not include China.
Not less favourable treatment shall be accorded to British commerce than to the commerce of China or the most favoured nation.
ARTICLE 7
(a)The Tibet Trade Regulations of 1893 and 1908 are hereby cancelled.
(b)The Tibetan Government engages to negotiate with the British Government new Trade Regulations for Outer Tibet to give effect to Articles II, IV and V of the Convention of September 7, 1904, between Great Britain and Tibet without delay; provided always that such Regulations shall in no way modify the present Convention except with the consent of the Chinese Government.
ARTICLE 8
The British Agent who resides at Gyantse may visit Lhasa with his escort whenever it is necessary to consult with the Tibetan Government regarding matters arising out of the Convention of September 7, 1904, between Great Britain and Tibet, which it has been found impossible to settle at Gyantse by correspondence or otherwise.
ARTICLE 9
For the purpose of the present Convention the borders of Tibet, and the boundary between Outer and Inner Tibet, shall be as shown in red and blue respectively on the map attached hereto.
Nothing in the present Convention shall be held to prejudice the existing rights of the Tibetan Government in Inner Tibet, which include the power to select and appoint the high priests of monasteries and to retain full control in all matters affecting religious institutions.
ARTICLE 10
………………………….
ARTICLE 11
The present Convention will take effect from the date of signature.
In token whereof the respective Plenipotentiaries have signed and sealed this Convention, three copies in English, three in Chinese and three in Tibetan.
Done at Simla this third day of July, A.D., one thousand nine hundred and fourteen, corresponding with the Chinese date, the third day of the seventh month of the third year of the Republic, and the Tibetan date, the tenth day of the fifth month of the Wood-Tiger year.
Initial of the Lonchen ShatraInitial of A.H. McMahon
Seal of the Lonchen ShatraSeal of the British Plenipotentiary
Schedule
(1)Convention between Great Britain and China relating to Sikkim and Tibet, signed at Calcutta the 17th March 1890.
(2)Convention between Great Britain and Tibet, signed at Lhasa the 7th September 1904.
(3)Convention between Great Britain and China respecting Tibet, signed at Peking the 27th April 1906.
The notes exchanged are to the following effect:
(1)It is understood by the High Contracting Parties that Tibet forms part of Chinese territory.
(2)After the selection and installation of the Dalai Lama by the Tibetan Government, the latter will notify the installation to the Chinese Government whose representative at Lhasa will then formally communicate to His Holiness the titles consistent with his dignity, which have been conferred by the Chinese Government.
(3)It is also understood that the selection and appointment of all officers in Outer Tibet will rest with the Tibetan Government.
(4)Outer Tibet shall not be represented in the Chinese Parliament or in any other similar body.
(5)It is understood that the escorts attached to the British Trade Agencies in Tibet shall not exceed seventy-five per centum of the escort of the Chinese Representative at Lhasa.
(6)The Government of China is hereby released from its engagements under Article III of the Convention of March 17, 1890, between Great Britain and China to prevent acts of aggression from the Tibetan side of the Tibet-Sikkim frontier.
(7)The Chinese high official referred to in Article 4 will be free to enter Tibet as soon as the terms of Article 3 have been fulfilled to the satisfaction of representatives of the three signatories to this Convention, who will investigate and report without delay.
Initial of the Lonchen ShatraInitial of A.H. McMahon
Seal of the Lonchen ShatraSeal of the British Plenipotentiary
APPENDIX 5
Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control in the India-China Border Areas.
(7 September 1993)
The Government of the Republic of India and the Government of the People’s Republic of China (hereinafter referred to as the two sides), have entered into the present Agreement in accordance with the Five Principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit and peaceful coexistence and with a view to maintaining peace and tranquility in areas along the line of actual control in the India-China border areas.
ARTICLE 1
The two sides are of the view that the India-China boundary question shall be resolved through peaceful and friendly consultations. Neither side shall use or threaten to use force against the other by any means. Pending an ultimate solution to the boundary question between
the two countries, the two sides shall strictly respect and observe the line of actual control between the two sides. No activities of either side shall overstep the line of actual control. In case personnel of one side cross the line of actual control, upon being cautioned by the other side, they shall immediately pull back to their own side of the line of actual control. When necessary, the two sides shall jointly check and determine the segments of the line of actual control where they have different views as to its alignment.
ARTICLE 2
Each side will keep its military forces in the areas along the line of actual control to a minimum level compatible with the friendly and good neighbourly relations between the two countries. The two sides agree to reduce their military forces along the line of actual control in conformity with the requirements of the principle of mutual and equal security to ceilings to be mutually agreed. The extent, depth, timing, and nature of reduction of military forces along the line of actual control shall be determined through mutual consultations between the two countries. The reduction of military forces shall be carried out by stages in mutually agreed geographical locations sector-wise within the areas along the line of actual control.
ARTICLE 3
Both sides shall work out through consultations effective confidence building measures in the areas along the line of actual control. Neither side will undertake specified levels of military exercises in mutually identified zones. Each side shall give the other prior notification of military exercises of specified levels near the line of actual control permitted under this Agreement.
ARTICLE 4
In case of contingencies or other problems arising in the areas along the line of actual control, the two sides shall deal with them through meetings and friendly consultations between border personnel of the two countries. The form of such meetings and channels of communications between the border personnel shall be mutually agreed upon by the two sides.
ARTICLE 5
The two sides agree to take adequate measures to ensure that air intrusions across the line of actual control do not take place and shall undertake mutual consultations should intrusions occur. Both sides shall also consult on possible restrictions on air exercises in areas to be mutually agreed near the line of actual control.