Workshop on Border Demarcation Management – Ozerny (Grodno), Belarus 2-3 March 2010 Part II: Boundary maintenance and border management John Donaldson
Aspects of border management • Boundary line management/maintenance • Access management • Security management • Transboundary resource management • Environmental management
Access management Issues in facilitating access: • Volume of traffic • Transport infrastructure • Crossing points • Other points of entry • Facilities • Inter-agency cooperation
Security management • Military security • Protection from unwanted people (e.g. organised criminal groups, individual criminals, poachers, illegal migration) • Protection from unwanted goods (e.g. weapons, drugs, illegal goods and trade) • Protection from hazards to health and the environment (e.g. water pollution, veterinary diseases)
India border patrol, Getty Images
Transboundary resource management • Hydrocarbons/minerals • Surface water – rivers, lakes • Groundwater • Straddling fishstocks
Mekong river
• Cultural resources (eg. archaeological sites) • Infrastructure (telecoms, sewerage, etc) Frigg gas field (Norway-UK)
Transboundary environmental management Transboundary cooperation can include: • Biodiversity protection • Environmental research • Pollution and fire control • Suppression of wildlife poaching • Development of ecotourism through ‘peace parks’ Source: Peace Parks Foundation
For more information on transboundary protected areas (‘peace parks’) in Africa, see the Peace Parks Foundation http://www.peaceparks.org
Factors affecting border management strategies • Legal status of the boundary • Type of boundary/demarcation • Physical geography • Human geography • National political priorities • Available financial/human resources • Political relations across boundary
Boundary line management • Demarcate new boundaries or boundary sections • Identify and/or repair old boundary pillars • Establish new boundary pillars to clarify the boundary • Clear bush to maintain intervisibility • Monitor physical change (rivers) • Maintain and update documentation on the boundary position Canada-USA International Boundary Commission: http://www.internationalboundarycommission.org
Photo courtesy of Dauberson Monteiro Da Silva
Photo courtesy of Royal Thai Survey Department
Boundary line management/maintenance • Protect the demarcation investment • Use experience gained in demarcation • Remove ambiguities to prevent future disputes • Facilitate more effective and efficient border management • Encourage on-going bilateral cooperation
General types of joint commissions for boundary demarcation and maintenance 1. Temporary bilateral approach – a joint commission is established to undertake full demarcation or maintenance and is disbanded at the conclusion 2. Permanent bilateral commission – a permanent joint commission undertakes clearance and maintenance work jointly along the boundary on a continuous basis 3. Sectional approach – each side is responsible for clearing and maintaining a certain section of the boundary, possibly reviewed jointly by a temporary commission every few years
Temporary joint boundary commissions – upgrade and/or recovery • Post-conflict – establish an initial boundary • Upgrade former administrative lines to international boundaries • Recover and re-establish (re-demarcate) older/unclear boundaries • Boundary mapping and documentation
Temporary joint boundary commissions – upgrade or recovery Gather historical/administrative record Field surveys (possible mapping) Negotiation, interpretation and preliminary definition Demarcation Final report/mapping Documentation/archiving Ratification Maintenance regime
Permanent joint boundary commissions Often extend from temporary joint commissions or set up after a boundary has been demarcated Responsibilities may include: – – – – – –
Maintenance of all boundary marks Monitoring of river boundary movement Additional marking where necessary Retain documentation of all marks and mapping Advise local administrations on property disputes Regulate/approve infrastructure along boundary line
Although including technical groups, they are usually organised within respective foreign ministries Responsibilities may expand to include other aspects of border management (e.g. Transboundary water management)
Permanent joint boundary commissions Mexico/U.S. IBWC Created in 1889 as the International Boundary Commission (IBC) to apply the existing boundary treaties (demarcation) 1906 Convention – IBC becomes responsible for water distribution along a portion of the Rio Grande 1933 Convention – Rio Grande rectification project 1944 ‘Water Treaty’ – provided for water distribution along the Colorado, Tijuana rivers and Rio Grande; the IBC was changed to the International Boundary and Water Commission (IBWC) 1963 Chamizal settlement – relocated river channel and identified the boundary Today – IBWC remains responsible for boundary maintenance, water distribution and water quality management Led by two appointed ‘engineer-commissioners’ who meet weekly www.ibwc.state.gov, www.sre.gob.mx/cila/
Permanent joint boundary commissions Functions of other joint boundary commissions: 1. Boundary demarcation/maintenance 2. Transboundary water/environmental management 3. Security/access management 4. General transborder development/cooperation
Mandates for modern boundary commissions • Strong (preferably binding) constituent agreement • Specific role (active or advisory) that provides flexibility • Technical instructions (remember boundary making not just map making) • Simple and effective commission structure • Effective dispute resolution mechanisms • Frequent contact between commission members (minimum twice a year for permanent commissions)
Boundary commission structure Political will/trust
Ministerial committee •Consists of government ministers •Approves budget and work of management committee •May set over-arching policies •Hopefully resolves disputes or activates dispute resolution mechanisms
Close cooperation
Management committee •Main operational body •Can be a distinct legal entity •Manages work of the technical committees •Recommends actions to the ministerial committee •Submits disputes to ministerial committee
Technical committee(s) •Usually working sub-groups of the management committee •Usually responsible for specific activity (e.g. safety issues, finance, local coordination, scientific studies)
Boundary commission structure Boundary commissioners (surveyors or diplomats?)
Small core staff Guatemala-Mexico IBWC, Photo courtesy of Alejandro Reyes-Huerta
Departments/ministries in support
Field teams – drawn from local communities
Work of boundary commissions consistency is the key • Clear understanding of role • Training • Recovering historical/administrative information • Gathering new information from fieldwork • Mapping • Discussions/decisions • Demarcation • Final report • Maintenance regime
Resolving disputes within boundary commissions Most boundary commissions are NOT third-party arbitrations Take boundary section by section Resist temptation to halt all dialogue within the commission Consider appointing an outside expert or third-party observer to the commission Treaty/constituting agreement must specify dispute resolution mechanisms
Other factors affecting a boundary commission 1. Geography of the borderland area 2. Bilateral relations between the neighboring states 3. Engagement with local border communities 4. Internal government structure 5. Internal departmental cooperation 6. Funding
Foreign ministry State/ province/ local
Survey department
Environment agency
Military
Border guards/ police
Customs
Information management in boundary-making • • • • • • • • • •
Treaty texts Maps / imagery Demarcation records Maintenance records Property records Natural resources Border facilities Cross-border flows Border incursions Environmentally-sensitive areas
Need for a Boundary Information System?
Contact details John W. Donaldson Senior Research Associate International Boundaries Research Unit Department of Geography University of Durham DH1 3LE United Kingdom Tel: Fax:
+44 (0)191 334 1961 +44 (0)191 334 1962
ibru@durham.ac.uk www.durham.ac.uk/ibru