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Workshop on Border Demarcation Management – Ozerny (Grodno), Belarus 2-3 March 2010 Part II: Boundary maintenance and border management John Donaldson

Boundary maintenance and border management

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Page 1: Boundary maintenance and border management

Workshop on Border Demarcation Management –Ozerny (Grodno), Belarus

2-3 March 2010

Part II: Boundary maintenance and border management

John Donaldson

Page 2: Boundary maintenance and border management

Aspects of border management

• Boundary line management/maintenance

• Access management

• Security management

• Transboundary resource management

• Environmental management

Page 3: Boundary maintenance and border management

Access management

Issues in facilitating access:

• Volume of traffic

• Transport infrastructure

• Crossing points

• Other points of entry

• Facilities

• Inter-agency cooperation

Page 4: Boundary maintenance and border management

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

Page 5: Boundary maintenance and border management

Transboundary resource management

• Hydrocarbons/minerals

• Surface water – rivers, lakes

• Groundwater

• Straddling fishstocks

• Cultural resources (eg. archaeological sites)

• Infrastructure (telecoms, sewerage, etc)

Mekong river

Frigg gas field (Norway-UK)

Page 6: Boundary maintenance and border management

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’

For more information on transboundary protected areas (‘peace parks’) in Africa, see the Peace Parks Foundation http://www.peaceparks.org

Source: Peace Parks Foundation

Page 7: Boundary maintenance and border management

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

Page 8: Boundary maintenance and border management

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 inter-visibility

• 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

Page 9: Boundary maintenance and border management

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

Page 10: Boundary maintenance and border management

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

Page 11: Boundary maintenance and border management

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

Page 12: Boundary maintenance and border management

Temporary joint boundary commissions –upgrade or recovery

Gather historical/administrative record

Field surveys (possible mapping)Negotiation, interpretation and

preliminary definitionDemarcationFinal report/mappingDocumentation/archivingRatificationMaintenance regime

Page 13: Boundary maintenance and border management

Permanent joint boundary commissions

Often extend from temporary joint commissions or set up after a boundary has been demarcatedResponsibilities 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 ministriesResponsibilities may expand to include other aspects of border management (e.g. Transboundary water management)

Page 14: Boundary maintenance and border management

Permanent joint boundary commissionsMexico/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 project1944 ‘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 weeklywww.ibwc.state.gov, www.sre.gob.mx/cila/

Page 15: Boundary maintenance and border management

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

Page 16: Boundary maintenance and border management

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)

Page 17: Boundary maintenance and border management

Boundary commission structure

Ministerial committee

Management committee

Technical committee(s)

•Consists of government ministers •Approves budget and work of management committee•May set over-arching policies•Hopefully resolves disputes or activates dispute resolution mechanisms

•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

•Usually working sub-groups of the management committee•Usually responsible for specific activity (e.g. safety issues, finance, local coordination, scientific studies)

Political will/trust Close cooperation

Page 18: Boundary maintenance and border management

Boundary commission structure

Boundary commissioners (surveyors or diplomats?)

Departments/ministries in support

Field teams – drawn from local communities

Guatemala-Mexico IBWC, Photo courtesy of Alejandro Reyes-Huerta

Small core staff

Page 19: Boundary maintenance and border management

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

Page 20: Boundary maintenance and border management

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

Page 21: Boundary maintenance and border management

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

Survey department

Military

CustomsBorder guards/police

Environmentagency

State/province/

local

Page 22: Boundary maintenance and border management

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?

Page 23: Boundary maintenance and border management

Contact details

John W. DonaldsonSenior Research AssociateInternational Boundaries Research UnitDepartment of GeographyUniversity of Durham DH1 3LEUnited KingdomTel: +44 (0)191 334 1961Fax: +44 (0)191 334 [email protected]/ibru