Indus Basin Water Treaty
The of 1960, between India and Pakistan brokered by World Bank laid down a mechanism as to how to share and manage water what was then essentially a unitary network of irrigation. In 1948 waters of Indus river were apportioned by ‘Inter-Dominion Accord’ requiring India to release sufficient water to Pakistani regions of Indus basin in return for annual payments from Pakistan. Pakistan’s security threatened by conflict over the source of water for its cultivable land compelled it to approach the World Bank in 1952 to settle the issue permanently. The Indus basin comprises three Western Rivers, Indus, Jhelum and Chenab and three Eastern Rivers namely Sutlej, Beas and Ravi . Apart from minor exceptions the treaty allows India exclusive use of all of the waters of the Eastern Rivers and their tributaries prior to entering Pakistan (as per Article II of the Treaty). On the other hand Pakistan retains exclusive use of the Western Rivers (Article III) with the treaty awarding one time financial compensation for loss of water from Eastern Rivers to Pakistan (Article V). The treaty incorporates exchange of data and created the Permanent Indus Commission with a commissioner appointed by each country (Article VIII). A significant provision of the treaty stipulated that either country must notify the other of plans to construct any engineering works and in case of disagreement for mediation/arbitration. If the Commission is unable to resolve the ‘difference’ it is referred to a Neutral Expert appointed by an agreement between the parties.
Arbitration and Treaty
The arbitration clauses of the treaty were recently invoked when India initiated work on Kishanganga Hydroelectric Plant, a run-of-the-river scheme designed to divert water from Kishanganga River which upon entering Pakistani territory is recognized as Neelum River, to a power plant in Jhelum River basin. Pakistan found the project as being in violation of Arbitration Article III (2) & (4) of the Treaty, which places an obligation on India not to construct any similar projects on western rivers nor developing human made impediments causing modification in the volume of natural flow of western rivers thus reducing the power generation capacity of Pakistan’s Neelum-Jhelum project. As negotiations stalled Pakistan was compelled to approach the International Court of Arbitration as a last resort. As inter-tributary diversions are prohibited Kishanganga project will deprive Pakistan of 27 percent of river’s natural flow, thereby damaging its existing 133,000 of irrigation in the Neelum valley and a 900 MW Neelum-Jhelum hydropower project initiated downstream by Pakistan, nor were the design features in conformity with treaty. Interestingly Article V “Financial Provisions” deals with India’s contribution to Pakistan of Pounds Sterling 62,060,000 for the replacement works which Pakistan would use as a result of the allocation of the Eastern rivers to India and the termination of Pakistan’s water rights on those rivers. The Indian contribution was credited to the Indus Basin Development Fund consisting of around 800 million dollars of grant funding from donors and World Bank loans.
India’s Aggressive Posturing uncalled for
For its own benefit India should withdraw from its aggressive posture and approach Pakistan with a request to negotiate water related issues under the provisions of the treaty as India does not have the lawful authority and jurisdiction to unilaterally hold the treaty in abeyance as it has announced. Such a step by India is in flagrant disregard of international law
Reviewer Nadir Mumtaz
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Published in Daily Times, February 19th 2019.
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