Introduction
Amicable bi-lateral treaties mean friendly treaties between two separate entities. Each and every country within the globe has some kind of treaties with their neighboring country to protect their own border. Border is something which defines the geographic limits of a countries political entities or authorized jurisdictions like the governments, federated states, independent states and sub-continental states. Border within a state such as internal governmental borders, or interstate borders within end border checkpoints are completely unguarded. Other borders are partially or fully controlled and cannot be passed without legal authorization.
Border of a country is protected by the countries own border guards. Their main tasks are,
- Control and guard State border.
- Border control of vehicles, travel documents and border crossing persons.
- Preventing illegal border crossing for persons, vehicles, cargoes and other goods.
- Control of transportation of prohibited and limited items (e.g. arms, bullets, poisonous substances) over the state border.
- Preventing movement of goods and other articles over state border bypassing the customs control.
- Investigation of causes related to the offences against the State border and regime.
- On June 08, 2010 Mexican President Felipe Calderon accuses the killing of an illegal immigrant by U.S. Border Patrol agents as a “truly unacceptable violation” that involved “torture.” He’s also tying it to Arizona’s immigration law, even though the incident took place on the border with California. He also said that “A death with that degree of violence is a truly unacceptable violation.” He also said, according to the Associated Press.[3] “We need to raise all our voices, not only for Mexico but for human rights, because the cause of migrants is a cause that affects us all.” He added that the Arizona immigration law “opens a Pandora’s box of the worst abuses in the history of humanity.”[4]
- On December, 2010, a 15 year old girl was shot dead after she tried to re-enter Bangladesh by climbing a barbwire fence India has erected along sections of the two countries border, according to local newspapers.[5] Her bullet ridden body was left hanging on the fence for hours as thousands of villagers on both sides of the border looked on. Mon, Jan 17, 2011 Bangladesh summoned the Indian High Commissioner to protest the “brutal” killing of this teenage girl by Indian border security forces, which has sparked chorus of disapproval in Bangladesh.
- On June 04, 2010 a North Korean border guard shot dead three Chinese citizens and wounded one in northeast China, prompting the Chinese government to file a formal objection.[6]
- On Jun 23, 2007, Ten Pakistani civilians were killed when international forces battling Taliban insurgents in Afghanistan fired across the border into Pakistan. Pakistani military spokesman Major-General Waheed Arshad said some rockets fired by international forces flew over the border into Pakistan’s North Waziristan region during the battle.[7]
- The Polish–German Treaty of Good Neighbourship and Friendly Cooperation
was signed between the Federal Republic of Germany and the Republic of Poland on 17 June 1991. It supplemented the German–Polish Border Treaty signed in 1990. In the Treaty of Good Neighborship both countries agreed to respect the rights of national minorities living on the other side of the border, and to promote cultural contacts. In 1992 Poland also signed similarly-named agreements with other neighboring countries.
- The European Union (EU)
is an economic and political union of 27 member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC) formed by six countries in the 1950s. In the intervening years the EU has grown in size by the accession of new member states, and in power by the addition of policy areas to its remit. The Maastricht Treaty established the European Union under its current name in 1993. The last amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009.
- The Nepal-India Treaty of 1950 and the Open Border.
The Nepal-India Peace and Friendship Treaty which was signed on July 31, 1950 agreed to grant, on a reciprocal basis, to the nationals of one country in the region of the other the same privileges on matters of dwelling, possession of property, participation in trade and commerce, movement and other privileges of a similar nature. It became a major turning point in the movement of Indians into Nepal and was further reinforced by the Nepal India open border.[9]
W. Edward (2010), China Says North Korean Shot and Killed 3 of Its Citizens. Retrieved on February 17, 2010, retrieved from
http://www.nytimes.com/2010/06/09/world/asia/09china.html
P.Tony (2010), Border killing a symbol of failed policy. Retrieved on February 18, 2010, retrieved from
http://articles.cnn.com/2010-06-10/opinion/payan.border.shooting_1_border-patrol-mexican-side-excessive-force?_s=PM:OPINION
Anonymous (2010), 2 treaties penned to boost bilateral trade.a Retrieved on February 18, 2010, retrieved from
http://www.thedailystar.net/newDesign/news-details.php?nid=75210
Anonymous (2011), Bangladesh summons Indian envoy to protest border killing. Retrieved on February 19, 2010, retrieved from
http://www.deccanherald.com/content/130137/bangladesh-summons-indian-envoy-protest.html
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Even though the main task of border guards are to protect their country’s citizens but sometimes it goes the other way around. Conflict between two neighboring countries or weak and unclear treaties lead to an unsteady situation in border. Many innocent people who live near the border suffer the consequences of this situation. Sometimes problem between two nations’ border guards lead to gun fire. That leads the citizens to live in a constant fear. Over the time period it’s become more of a great and unavoidable issue all around the world. Though some countries try to maintain peaceful relation with their neighbors and succeed but some of them are showing the other side. Here’s an incident which tells that the most powerful nation of today’s world United State of America is also having problems with their border guards. On June 10, 2010” U.S. Border Patrol official shot and killed a 14 year old boy, Sergio Adrian Hernandez Guereca, under one of the international bridges that connects or divides El Paso, Texas, from Ciudad Juárez, Chihuahua. The boy lay dead on the Mexican part and the Border Patrol agent was detached from the picture by U.S. officials. American officials say it was a case of self-defense. Mexican authorities damned the killing as the use of excessive force.”[1][2]
Border killing as a Global issue
Now at the age of globalization neighboring nations try to keep a friendly relation with each other to have trade advantages and expanding domestic markets. Every state put their focus on having more and more advantages on border areas, and to have them they try to restrict unwanted involvement with other border guards through treaties. But if we look on the issue more closely there are many nations who are unable to maintain a peaceful relation with their neighbors. Many innocent lives taken by border guards are a violation against human rights. Some of them (recent) are given below
There are many several incidents are taking place every now and then. These acts of border killings are a threat to human rights. People from all around the world protest against border killing and try to convince governments of different countries to stop this and to focus on saving many innocent lives.
Bi lateral treaties around the globe
The EU operates through a hybrid system of supranational independent institutions and intergovernmental made decisions negotiated by the member states. Important institutions of the EU include the European Commission, the Council of the European Union, the European Council, the Court of Justice of the European Union, and the European Central Bank. The European Parliament is elected every five years by EU citizens.
The EU has developed a single market through a standardized system of laws which apply in all member states including the abolition of passport controls within the Schengen area. It ensures the free movement of people, goods, services, and capital. [8]
Why Friendly Treaties Important Against Border Killing
Making a friendly treaty is like a new journey with good intention with closed friendly neighbors. It opens up new opportunity for both countries to gain a stable economical, financial position. It’s true that there are many crimes took place in border areas, such as smuggling, illegal migrations. Sometimes criminals took the advantages of open border to hide them from the hand of law. But despites those facts it will be more helpful if governments of neighbors countries come to an agreement of how to maintain the peace of border checkpoints and implant effective law and legal procedures then it’s not going to be an issue.
However the main reason for border treaties should be to prevent killing at borders. Over the years innocent lives were taken by border guards in USA- Mexican border, India-Pakistan border, South Korea-North Korea waterline border, India-Bangladesh border, Pakistan-Afghanistan border. Countries named above are suffering from this violent rage against human rights. Not only for ensure human rights also for other advantages. As an example we can look into the relations between India and Bangladesh.
Bangladesh is one of main importers of Indian goods and products and on the contrary export less therefore, there is a huge gap of balance of trade. Bangladesh is somehow depends on India for various consumable goods. But, both Countries could gain the opportunity of long heritage friendly bondage by further revitalizing friendly relationship, better understanding , settling some outstanding issues, which sometimes shake our relationship to a great extent, like water sharing, boarder killing by BSF, construction of embankments/dams on the upstream , unwanted intrude and human trafficking and others. If we could be able to solve our existing unclear issues bilaterally by building confidence, trust, and then many of the issues that we foresee for the betterment of the neighboring countries and nations could also be addressed well. And it also helps us to stop those unwanted murders in border. Because if Bangladesh doesn’t put attention to this issue then day by day it will spread its range and as its consequence we will lose many life’s.[10]
Like European Union, if countries all around the world could come together and build a community or maintain peaceful relation it would be helpful for the citizens because then they will have the opportunity of free movement it will also increase the trade investment. This will help the countries to reach at a good economic condition. By making new unique legal document like passport only for the friendly neighbors could be helpful for tracking citizen’s movements. If it is become possible then it can able to stop the ruthless act of BSF in Bangladesh border where India uses there excessive force of weapon power to dominate over us in border area.
Conclusion
The violent act that put into practice by heavily armed border guards is becoming the concern of every country. It’s an act against human rights which have been protested by human right organizations time to time. But nobody is able to remove border killing from being held. To stand up against this violent act every country should come forward and take step to prevent this all together because it’s an issue which cannot be faced by one single country or organization. By making treaties and friendly consideration countries could put border violence aside and go for a peaceful border situation.
Works Cited
G. Liz (2010), Calderon condemns border killing, ties it to Ariz. immigration law. Retrieved on February 14, 2010, retrieved from
http://news.yahoo.com/s/ynews/20100608/wl_ynews/ynews_wl2456
Anonymous (2010), Bangladesh protests ‘brutal’ India border killing. Retrieved on February 14, 2010, retrieved from
http://www.asiaone.com/News/Latest+News/Asia/Story/A1Story20110117-258744.html
Anonymous (2011), Take steps to stop border killing by BSF. Retrieved on February 14, 2010, retrieved from
N. Anja & R. Deb (2011). Afghan soldier fires on German troops, killing 3. Retrieved on February 17, 2010, retrieved from
http://news.yahoo.com/s/ap/20110218/ap_on_re_as/as_afghanistan
North South University
BUSINESS LAW (Law 200)
Section: 2
Instructor: Barrister A.M. Masum
Assignment 1
Amicable bi-lateral treaties should be framed for preventing boarder killings
Prepared by: M Talhatul Islam.
Id. 072388030
Submission date 23rd February 2011
[1] Border killing a symbol of failed policy, By Tony Payan
[2] To people across the two nations who see reports of the death on TV or in the papers, it’s a dramatic news story — a boy with a bullet in his head and an agent under investigation. But here at the border, the scene, the actors, the act — as if carefully choreographed, chosen and scripted — read like an up-close metaphor for everything that is broken with our border and with immigration.
At a basic level, the incident at the Black Bridge seems to reveal two nations moving ever further from acknowledging our inevitable common destiny. As the two countries face the economic call-and-response of illegal immigration and the drug trade, we seem to cast each other increasingly as enemies. In this context it becomes justified to deal with each other with violence: throwing rocks and shooting bullets.
One could say that that boy represents the aspirations of many Mexican people because — whether, as some reports have suggested, he intended to cross the border or as others have said, was being used as a decoy for others to make a run — the spot where he died is known as a place where people try to cross illegally in search of work and a better life.
[3] A San Diego police captain told the Associated Press that Anastacio Hernandez — who was in the country illegally and was being deported to Mexico — wrestled two Border Patrol agents to the ground when his handcuffs were removed at the border crossing between San Diego and Tijuana. An agent shocked him with a stun gun and he died hours later.
[4] Calderon, who criticized U.S. immigration policy during his visit to the White House June 08, 2010, says Mexico is engaging in an “energetic protest of the torture and death of Anastacio Hernandez, a Mexican who died at the hands of North American migration authorities.”
[5] India frequently accuses Bangladesh of pushing illegal migrants across the border and harbouring militants fighting Indian rule in its northeast. Dhaka says New Delhi allows Bangladeshi criminals to take refuge on its soil. In 2001, 16 Indian and three Bangladeshi soldiers were killed in the deadliest border clash between the two sides.
[6] The shootings took place last Friday at the China-North Korea border by the Chinese city of Dandong, in Liaoning Province, said Qin Gang, a Foreign Ministry spokesman, at a regularly scheduled news conference in Beijing. The four Chinese were residents of Dandong, and the North Korean guard believed that they were engaged in illegal trade across the border, Mr. Qin added, according to a report by the Chinese-language edition of Global Times, an official newspaper.
[7] Afghanistan’s NATO-led International Security Assistance Force (ISAF) said troops clashed with a large group of insurgents near the Pakistani border in Paktika province, killing about 40 of them.
[8] The EU has developed a single market through a standardized system of laws which apply in all member states including the abolition of passport controls within the Schengen area. It ensures the free movement of people, goods, services, and capital, enacts legislation in justice and home affairs, and maintains common policies on trade, agriculture, fisheries and regional development. A monetary union, the euro zone, was established in 1999 and is currently composed of seventeen member states. Through the Common Foreign and Security Policy the EU has developed a limited role in external relations and defense. Permanent diplomatic missions have been established around the world and the EU is represented at the United Nations, the WTO, the G8 and the G-20.
[9] It did not materialize until the installation of democracy in February 1951, which replaced the oligarchic Rana regime within three and a half months of the signing of the Treaty. It is said that in response to the evolution of incidents in Kashmir, the Nizam State of Hyderabad and the Indian states and territories bordering China, Sardar Patel, as he assumed the portfolio of Home Minister, strongly pleaded and persuaded Prime Minister Nehru to impose some sort of control on Nepal and the result was the Treaty of 1950 and it is clearly reflected in his letter to Nehru. It is to be noted that the Rana Government assisted Indian Government by sending Nepalese troops, when India had to face problems in Hyderabad during independence and in Kashmir in 1948.
[10] At least 74 Bangladeshis were killed by BSF at various frontier points of both the countries on 2010.
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