Managing India's Land Borders: Lessons from the US Experience

Abstract

India has been grappling with the problem of devising an efficient border management strategy that would prevent the entry of dangerous elements while at the same time allowing the legitimate flow of goods, services and people. Given that it has always been vulnerable to cross-border threats and challenges such as illegal migration, drug and human trafficking, gunrunning, smuggling of commodities and cross-border terrorism, India has taken a largely unilateral approach towards border management whereby security of the borders is accorded primacy over the free movement of people and goods. However, as the Indian economy is growing and fast integrating itself with the economies of the region, there is a consequent increase in trade and cross-border flow of people. It has to jettison its unilateral approach towards border management and adopt a cooperative approach along the lines of the ‘smart border’ approach of the United States.

Notes

1. Otwin Marenin, ‘Challenges for Integrated Border Management in the European Union’, Occasional Paper no. 17, Geneva Centre for the Democratic Control of Armed Forces, 2010, p. 29.

2. ‘Border Management’, Reforming National Security System, Group of Ministers’ Report, Ministry of Home Affairs, 2001, p. 60.

3. For the sake of comparison with the United States’ approach, development of border areas is not discussed in this article. The third main element in India's approach to border management is the development of border areas. India's border areas continue to be plagued by poor accessibility, inadequate infrastructure, depressed economic growth, poverty and a sense of insecurity among the people. The development of border areas has therefore been envisaged as an important element in border management. Towards this end, the Border Area Development Programme (BADP) was initiated as early as 1987 to ‘meet the special development needs of the people living in remote and inaccessible areas situated near the international border’. Today, it covers 358 blocks in 96 border districts of 17 states. Along with the BADP, cross-border trade is also encouraged as an alternative means of earning for the border people. In 1992, border trade was restarted between India and China through Shipki La and Lipu Lekh. In 2003, Nathu la was also included as a trading point along the India–China border. In 1994, India and Myanmar restarted border trade along Moreh, and Pakistan resumed border trade with India in 2008 through the Uri-Rawalakot and Poonch-Muzaffarabad trading posts.

4. Annual Report 2009–2010, Ministry of Home Affairs, New Delhi, 2010, pp. 29–31.

5. To oversee and regulate the construction, management and maintenance of the ICPs, a statutory authority called the Land Ports Authority of India (LPAI) is also being planned. It is envisaged that this overseeing body would provide ‘better administration and cohesive management of cross-border movement of people and goods’. One important step in this regard was the passage in 2010 of the Land Ports Authority of India Act. See ‘Detailed Quarterly Report on Land Ports for the Month of September 2010’, Ministry of Home Affairs, at http://mha.nic.in/pdfs/BM_status_icp.pdf (accessed January 16, 2011).

6. It has been reported that nearly 25,000 Bangladeshi nationals have overstayed their visa validity. See ‘Indian Project to Track Foreigners Begins with Bangladesh’, Thaindia News, New Delhi, November 19, 2009, at http://www.thaindian.com/newsportal/uncategorized/indian-project-to-track-foreigners-begins-with-bangladesh_100275918.html (accessed January 16, 2011).

7. The objective is to develop an integrated system so that all agencies are able to upload as well as access information from a centralised database that will not only have information on all applicants but will also include the latest blacklists of the home ministry. See ‘Report Card of Ministry of Home Affairs for July, 2010’, Press Information Bureau, New Delhi, July 30, 2010, at http://pib.nic.in/release/release.asp?relid=63864&kwd= (accessed January 16, 2011).

8. Annual Report 2009–2010, p. 159.

9. ‘Unique Identification Authority of India’, Planning Commission, at http://uidai.gov.in/index.php?option=com_content&view=article&id=141&Itemid=164 (accessed January 16, 2011).

10. ‘India Myanmar Home Secretary Level Meeting Concludes’, Press Information Bureau, New Delhi, December 31, 2010, at http://pib.nic.in/release/release.asp?relid=68804&kwd= (accessed January 16, 2011).

11. Information provided by BSF HQ, New Delhi.

12. Annual Report 2009–2010, p. 41.

13. Michal Hoefer et al., ‘Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009’, Population Estimates, Office of Immigration Statistics, Department of Homeland Security, January 2010, at http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf (accessed January 17, 2011).

14. ‘Drug Trafficking in the United States’, US Drug Enforcement Agency, May 2004, at http://www.policyalmanac.org/crime/archive/drug_trafficking.shtml (accessed January 17, 2011).

15. Peter Andreas, ‘US-Mexico Border Control in a Changing Economic and Security Context’, US–Mexico Policy Bulletin, Issue 1, Woodrow Wilson International Center for Scholars, January 2006, p. 2.

16. In 2002, the Department of Homeland Security (DHS) was established to protect US territory from terrorist attacks. The DHS established two bureaus under the Directorate of Border and Transportation Security—the Bureau of Customs and Border Protection (CBP), and the Bureau of Immigration and Customs and enforcement (ICE) ‘by realigning several border management and security functions’. For details, see Jennifer E. Lake, ‘Department of Homeland Security: Consolidation of Border Transportation Security Agencies’, CRS Report for Congress, May 22, 2003, p. 1, at http://www.au.af.mil/au/awc/awcgate/crs/rl31549.pdf (accessed January 17, 2011).

17. Chad C. Haddal, ‘People Crossing Borders: An Analysis of US Border Protection Policies’, CRS Report for Congress, May 13, 2010, p. 5, available at http://www.fas.org/sgp/crs/homesec/R41237.pdf (accessed on October 30, 2011).

18. These have been deliberately categorised in this way to facilitate a comparison with the Indian approach.

19. The USBP patrols the country's international borders with Canada and Mexico as well as the coastal waters around Florida and Puerto Rico. It does not patrol the border between Alaska and Canada. See Chad C. Haddal, ‘Border Security: The Role of the US Border Patrol’, CRS Report for Congress, August 11, 2010, p. 3, at http://www.fas.org/sgp/crs/homesec/RL32562.pdf (accessed January 10, 2011).

20. ‘Fact Sheet’, Office of Air and Marine, US Customs and Border Protection, 2009, at http://www.cbp.gov/linkhandler/cgov/newsroom/fact_sheets/marine/air_marine.ctt/air_marine.pdf (accessed January 18, 2011).

21. To gain control over the borders and prevent the inflow of unauthorised migrants, the USBP has formulated two plans so far—(1) the National Strategic Plan (NSP) in 1994 and (2) the National Border Patrol Strategy (NBPS) in 2005. Haddal, ‘Border Security’, p. 4.

22.Ibid.

23. In keeping with the tactic of focusing more on high-risk areas, fences have been erected only along those stretches of the borders that are considered to be pathways for illegal migrants. The first such fence, which was 22.5 kilometres long, was built in San Diego in 1993. In 2006, the US Congress passed the Secure Fence Act, which directed the DHS to build a fence along the southern border nearly 1400 kilometres long. For details, see Blas Nunez-Neto et al., ‘Border Security: Barriers along the US International Border’, CRS Report for Congress, December 12, 2006, p. 2, available at http://fpc.state.gov/documents/organization/78475.pdf (accessed on October 30, 2011)

24. ‘Tactical Infrastructure/Border Fence’, Customs and Border Protection, at http://www.cbp.gov/xp/cgov/border_security/otia/sbi_net/ (accessed October 30, 2011).

25. ‘SBInet’, Customs and Border Protection, at http://www.cbp.gov/xp/cgov/border_security/otia/sbi_net/ (accessed October 30, 2011).

26. Since the 1990s the number of arrests has increased, reaching a peak of 1.65 million in 2000. See Haddal, ‘Border Security’, p. 14.

27. Ibid., p. 12.

28. ‘IT Programme Assessment, CBP Secure Border Initiative (SBInet) 2010’, Department of Homeland Security, at http://www.dhs.gov/xlibrary/assets/mgmt/itpa-cbp-sbinet2010.pdf (accessed January 11, 2011).

29. Peter Andreas, ‘Redrawing the Line: Borders and Security in the Twenty-First Century’, International Security, 28(2), 2003, p. 98.

30. Andreas, ‘US--Mexico Border Control’, p. 3.

31. ‘Container Security Initiative: Fact Sheet’, Customs and Border Protection, Department of Homeland Security, October 2, 2007, at http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/csi/csi_fact_sheet.ctt/csi_fact_sheet.doc (accessed January 18, 2011).

32. ‘Western Hemisphere Travel Initiative’, Department of Homeland Security, at http://www.dhs.gov/files/programs/gc_1200693579776.shtm (accessed January 18, 2011). Also see ‘US Visit’, Department of Homeland Security, at http://www.dhs.gov/files/programs/usv.shtm (accessed January 18, 2011).

33. Haddal, ‘People Crossing Borders’, pp. 20–21.

34. Andreas, ‘Redrawing the Line’, pp. 94–95.

35. Public Safety Canada, at http://www.publicsafety.gc.ca/abt/index-eng.aspx (accessed January 18, 2011).

36. Andreas, ‘Redrawing the Line’.

37. ‘Summary of Smart Border Action Plan’, Department of Homeland Security, September 9, 2002, at http://www.dhs.gov/xnews/releases/press_release_0024.shtm (accessed January 18, 2011).

38. ‘Smart Border Action Plan: Status Report’, December 17, 2004, at http://migration.ucdavis.edu/rs/more.php?id=170_0_2_0 (accessed January 18, 2011).

39. ‘Smart Border Declaration Action Plan’, Public Safety Canada, Government of Canada, March 8, 2008, at http://www.publicsafety.gc.ca/prg/le/bs/sbdap-eng.aspx (accessed January 11, 2011).

40. ‘Border Enforcement Security Task Force’, US Immigration and Customs Enforcement, at http://www.ice.gov/best/ (accessed January 11, 2011).

41. ‘The Merida Initiative’, Bureau of Narcotics and Law Enforcement Affairs, US Department of State, June 23, 2009, at http://www.state.gov/p/inl/rls/fs/122397.htm (accessed January 18, 2011).

42. ‘North American Partnership: Working with the United States’, Canada Border Services Agency, at http://www.cbsa-asfc.gc.ca/agency-agence/partner-partenaire-eng.html (accessed January 18, 2011).

43. Between 2001 and 2007 India's trade with Sri Lanka increased from US$671.6 million to $3.2652 billion in 2007. See Export-Import Databank, Ministry of Commerce, Government of India, at http://commerce.nic.in/eidb/iecntq.asp (accessed October 30, 2011) (The url is available provided one goes back the previous page and selects Sri Lanka in the drop down menu and presses go. There is no other way. Alternatively the url provided has to be http://commerce.nic.in/eidb/iecntq.asp (accessed on October 2011).

44. Rohan Samarajiva and Priyanwada Herath, ‘1.2 Trillion Dollar GDP, 1.1 Billion People: How Best Can We Grow with India?’, p. 2, at http://sanvada.org/policyanalysis/sanvada11_15/Sri%20Lankas%20Economic%20and%20Other%20Relations%20with%20India.pdf (access-ed January 19, 2011).

45. It has been estimated that intra-regional trade increased from a mere $10 million in 2006 when SAFTA came into force to $500 million in 2009. ‘India Pushes for More Intra-SAARC Trade’, Ibnlive, New Delhi, September 16, 2010, at http://ibnlive.in.com/news/india-pushes-for-more-intrasaarc-trade/131154-7.html (accessed January 19, 2011).

46. ‘Preparing the South Asia Sub-regional Economic Cooperation Transport Logistics and Trade Facilitation Project’, Project Number: 39454, Regional Technical Assistance Report, Asia Development Bank, December 2007, p. 3, at http://www.adb.org/Documents/TARs/REG/39454-REG-TAR.pdf (accessed January 19, 2011).

47. Arvind Gupta, ‘India Can Learn from the US Experience in Securing Its Borders’, IDSA Strategic Comment, December 14, 2009, at http://www.idsa.in/idsacomments/IndiacanlearnfromtheUSexperienceinsecuringitsborders_agupta_141209 (accessed January 19, 2011).