New Delhi
November 7, 1998

Talks on the Sir Creek issue were held today as part of the composite dialogue process that has begun between India and Pakistan. The composite dialogue process is directed towards building trust and confidence, seeking mutually beneficial cooperation across a broad front and addressing outstanding issues.

2. Today's discussions focussed on the boundary in the Sir Creek and the delimitation of the maritime boundary between India and Pakistan. This has been discussed between India and Pakistan at both technical and governmental levels. Five rounds of these discussions, starting in 1969, have taken place. The last round of discussions was held in November, 1992.

3. The issue relates to the demarcation of boundary from (i) the mouth of the Sir Creek to the top of the Sir Creek and (ii) from the top of the Sir Creek eastwards to a point designated as the Western Terminus. The boundary thereafter has been demarcated.

4. Our approach to the Sir Creek issue has been practical, realistic and consistent with historical data. There are well enunciated principles on the basis of which the already settled and demarcated boundary can be formalised.

5. There are four steps in finalisation of boundaries, namely,

i. Allocation.
ii. Delimitation.
iii. Demarcation.
iv. Administration.

Allocation
Allocation is the decision on the basis of which settlement is made.

Delimitation
Delimitation specifies the general criteria for the location of the boundary line and its description. This description may or may not be accompanied by illustrative maps.

Demarcation
Precise actual relaying of the criteria of delimitation to the ground.

Administration
Regulating the demarcated boundary and excercising administrative control.

6. In this particular case, the allocation and the delimitation were done vide paras 9 and 10 of the 1914 Resolution and illustrated on an accompanying map (B-44). Demarcation and administration was completed in 1925. Since then, the boundary in Sir Creek is depicted in the mid-channel by a proper boundary symbol. There was no need of erection of pillars in the middle of the Creek, since its is a natural fluid boundary.

7. The administration of this territory remained with Kutch and was so inherited by the Governments of India and Pakistan.

8. We have conveyed to Pakistan that we should address this issue taking into account the overall perspective so that this boundary, which is already settled and in respect of which all four steps relating to boundary demarcation have already been completed, is formalised.

9. Pakistan, while agreeing that the boundary along the horizontal line and in Sir Creek was a settled issue, maintained that in its interpretation, the Green Line (Lying on the Eastern edge of the Creek) of the map, appendixed to the 1914 Resolution should be transposed on to the ground. Even when it was conveyed that the Resolution of 1914 was already implemented and Green Line was only a symbolic representation, the boundary being mid-chennel, Pakistan persisted with its position of the Green Line.

10. Pakistan's attitude reflects their desire to seek an absolute resolution from the map to the exclusion of internationally accepted Cartographic procedures as well as historical developments that have taken place.

11. This Indian side proposed that pending formalisation of the boundary in the Sir Creek, the two sides could consider the delimitation of the India-Pakistan maritime boundary from seawards, by commencing at EEZ limit and proceeding landwards upto a mutually acceptable limit as per provisions under Technical Aspects of Law of Sea (TALOS). The seaward approach is based on internationally accepted principles and will benefit both countries for exploitation of resources in respective EEZ. The issue issue gains importance in view of continental shelf claims, to be submitted by 2004 to the UN.

12. The Pakistan delegation, however stated that they would consider maritime boundary only after the determination of land boundary in Sir Creek Area and that both these issues should not be de-linked and would need to be addressed in one package.

13. We will continue our discussions.