Abby Tomasek and Alex Houston
Transboundary Waters
April 3, 2012
BORDER CROSSINGS ON TRANSBOUNDARY WATERS
I NTRODUCTION
While water borders in general simply provide a division between two countries, some water borders provide a
more complex political situation. The border between the United States and Mexico has become increasingly
hostile with the smuggling of drugs, weapons, and immigrants. The route most travelled is across the Rio Grande
River into Texas. Along the river lie environmentally and socially important areas, such as the Rio Bosque
Wetlands Park and the sacred lands of the Tigua nation. Current plans for controlling immigration include
discussions to build a wall between the countries. Considering the river forms a large portion of the boundary
between these nations, the wall would have to be built on the north side of the river cutting off residents from
their main water source.
This situation can also be seen in North Korea where the Yalu and Tumen Rivers form the entire length of the
North Korea-China border. These rivers are crossed by migrants attempting to escape the difficulties of North
Korea.
U NITED S TATES -M EXICO B ORDER
The border between the United States and Mexico is 1,954 miles long. The Rio Grande River makes up 1,240
miles of the border—between Texas and Mexico. The River has been listed on the Most Threatened Rivers list by
the American Rivers Group four
times, more than any other US
river. Challenges related to the
Rio Grande range from the
stress
placed
due
to
dependency on water and
increasing demand by all that
border the River to issues
related
to
socio-economic
factors. There are low income
communities where services,
education, health care and jobs
are lacking. Invasive aquatic
plants have infested the River
consuming part of the water
and illegal border crossings and
drug trafficking have resulted in
concerns related to public safety. Along the Rio Grande, citrus fruits, sugarcane, corn, sorghum, cotton, and
vegetables are being grown. Cattle and livestock are also a significant part of the economy in the region.
There are large population centers along The River with growing demands for water combined with increasing
disposal of wastes and the need for waste-water treatment. This coupled with increasing salinity, global climate
change implications, endangered species, immigration issues, and diverse interests creates an urgent need for
an accelerated multinational response related to the Rio Grande.
I MMIGRATION
In 2005, over 1.2 million illegal immigrants were apprehended by the Border Patrol. It is estimated that the
Border Patrol catches 1 out of every 4 illegal border crossers, and as long as the per-capita income differential
between the U.S. (over $30,000) and Mexico (less than $4,000) continues to be so wide, it will be difficult to
deter the flow of illegal immigrants. The Del Rio Sector, which covers 205 miles of the Rio Grande along the
border between Texas and Mexico, had 26.2% of the Texas and New Mexico illegal alien traffic. The vast
majority of the apprehended illegal border crossers in this sector possess Mexican citizenship (92.8%). In
response to pressure on the border, there was a temporary deployment of up to 6,000 National Guard troops,
two new surveillance aircrafts, and five helicopters. Now the concept of a wall or fence to provide an obstacle to
those that might be planning to enter the U.S. illegally is in the works.
T HE W ALL
The proposed wall includes a double set of steel walls. The cost for a wall that would run the entire length of the
border might be as low as $851 million for a standard 10-foot prison chain link fence topped by razor wire, and
for another $362 million, the fence could be electrified. Engineers have determined to set the wall back by as
much as two miles north of the river. Homes, agricultural fields and churches will all be affected. To their
surprise, engineers in the fields have discovered Americans’ homes that would be behind the wall. Short and
long-term impacts were identified with the wall, including changes in riparian vegetation, channel morphology
and floodplain function. In West Texas, where the border fence is already constructed, it separates residents
from their only source of water. Homeland Security Secretary Chertoff used his power to waive 36 laws to build
the border wall in 2008, including the Clean Water Act and the Safe Drinking Water Act. Therefore, all laws
related to the subject of water were waived. This left the municipalities and irrigation districts in the El Paso area
without a legal framework under which to operate.
S UMMARY
Violence, fear and distrust dominate the climate of the borderlands, and no policy can be legitimately debated
without consideration of security. Socioeconomic problems facing both nations, and certainly the border region,
suggest the more difficult side of the equation where there are no easy solutions.
N ORTH K OREA -C HINA B ORDER
North Koreans face daily hardships and a small percentage attempt to flee due to famine, desperate hunger,
extreme poverty, and a complex mix of personal, economic, and political factors. While the number of North
Koreans who actually attempt to cross the border to China is small, it is increasing. The main way that North
Koreans flee is by crossing the Yalu or Tumen Rivers, which form the entire length of the border between North
Korea and China, and both of these routes pose significant dangers. The Tumen River, which serves as part of
the boundary between North Korea, China, and Russia,
has been used for years by North Koreans defecting
across the Chinese border, particularly during the
1990s famine. The Tumen River is heavily patrolled by
armed guards, but is the preferred route since the Yalu
River, which runs along most of the border between
the two countries, is swift, deep, and broad, whereas
the Tumen is shallow and narrow and can be crossed
on foot in spots. The North Korean guards that patrol
the river are told to shoot those attempting to cross
the river, but many accept bribes and allow people to
wade through or walk across frozen waters. Once
across the border, migrants are vulnerable to abuse,
with problems ranging from extortion to rape, and
trafficking in women to torture in Chinese prisons. The
majority of North Koreans crossing the border are
women, many of whom end up being sold by
trafficking gangs with the promise of food, shelter and jobs in China. Because of China’s one-child policy and
preference for sons, there is a current shortage of women causing many North Korean women to be sold into
forced marriages. Those migrants that are caught repeatedly crossing the border, who stay for a prolonged
period, or have any contact with South Koreans, missionaries, or aid workers, are liable to severe punishment, if
not death, if caught and returned to North Korea.
A SYLUM
FOR
N ORTH K OREANS
After entering China, North Koreans often use the “underground railroad,” or individuals who guide them to
other countries where they can apply for political asylum. The underground railroad has two main routes: over
the Mongolian border, or passing through Cambodia, Vietnam, Laos, or Burma to Thailand. The routes
constantly change to lessen the chance of detection and persecution. The most used route goes through Burma
or Laos, crossing another transboundary river, the Mekong, and ends in Thailand, which does not repatriate
North Koreans for humanitarian reasons. The estimated cost of seeking asylum runs between $10,000 to
$30,000, which includes bribes, false papers, and payoffs for shelter and guides.
Despite being a party to the 1951 U.N. Convention on the Status of Refugees and its 1971 protocol, China
refuses to protect North Koreans, regardless of their reason for leaving, and regardless of the factors that may
make them subject to persecution on return. In addition, China does not consider North Koreans refugees,
instead classifying them as illegal economic migrants who crossed the border for economic reasons. China states
that its main obligation in dealing with North Korean migrants originates from a 1986 agreement with North
Korea agreeing on the repatriation of migrants, and therefore they expel North Koreans without the chance of
seeking asylum. It is estimated that the number of North Koreans currently living in hiding in China is anywhere
from 10,000, an estimate of the Chinese government, to 300,000, estimated by NGOs. If a North Korean
successfully makes it to South Korea, they are considered a citizen under Article 3 of the South Korean
constitution, which states that the territory of the Republic of Korea is the entire Korean peninsula.
C ONCLUSIONS
While North Korea and China maintain a cooperative relationship, it comes at the expense of human rights with
China’s refusal to consider asylum or offer any kind of protection to North Korean refugees. The Yalu and Tumen
Rivers have to be crossed in order to enter China. This poses dangers not encountered when crossing land
boundaries such as falling through partially frozen ice, hypothermia, and swift deep water in the Yalu River.
North Korea’s policies and isolation will continue to push attempted immigration and with the current ChinaNorth Korea relationship, the border between the two countries will continue to be heavily patrolled. Along the
Mexico-US border, drug smuggling, along with attempted immigration, lead to violence along the border.
D ISCUSSION Q UESTIONS
(1) How do you think the US and Mexico can work together to control immigration while still preserving the
environmentally and socially important areas surrounding the Rio Grande River?
(2) We have talked a lot in class about cooperation between countries regarding water resource issues, and
immigration conflicts can threaten working relationships. Should these issues be considered by global
partners when discussing water resources, or should immigration issues be a national issue?
(3) How should water boundaries be treated differently than land boundaries?
S OURCES
http://wrri.nmsu.edu/publish/journal_of_transboundary/Lacewell.pdf
http://www.no-border-wall.com/new-mexico-west-texas.php
http://bakerinstitute.org/publications/SEC-pub-HR4719Testimony-061710.pdf
http://www.palgrave-journals.com/sj/journal/v21/n1/pdf/8350067a.pdf
http://www.ciel.org/Publications/BorderWall_8Feb09.pdf
http://news.bbc.co.uk/2/hi/asia-pacific/7423994.stm
http://www.unhcr.org/refworld/country,,HRW,,PRK,4562d8cf2,3e3141740,0.html
http://matadornetwork.com/abroad/north-korean-defectors-kim-jong-ii/