India's IWT letter a ploy, Senate told

Lawmakers in the upper house of the parliament have urged the government to effectively respond to the Indian attempt to change the Indus Waters Treaty, a deal brokered by the World Bank between the two rival countries to share the water available in the Indus River and its tributaries.

A number of senators--including Leader of Opposition Senator Shahzad Waseem, Senator Mushahid Hussain Sayed and Senator Kamran Murtaza--on Friday called attention to a notice send to Pakistan via the Permanent Indus Commission (PIC), a bilateral commission consisting of officials from India and Pakistan.

India  on January 25 sent the notice to Pakistan seeking renegotiation of the treaty, which governs water-sharing for six rivers – the Indus, Chenab, Jhelum, Beas, Ravi and Sutlej.

Taking the floor, Mushahid Hussain Sayed said Pakistan needs internal unity in order to effectively respond to India. He lamented that the army and judiciary are being targeted and political stakeholders are levelling serious allegations against each other.

Referring to the ongoing political turmoil, he said the coalition government will have to sit down across the table with the Pakistan Tehreek-e-Insaf (PTI) in order to resolve the  crisis.

"When we can talk to the Taliban and [Indian Prime Minister Narendra] Modi then why can't we talk to the PTI?"

The senator, who belongs to the ruling Pakistan Muslim League-Nawaz (PML-N), said the government will have to comply with the Constitution and hold elections within the stipulated time.

Senator Kamran Murtaza said the nation will have to first resolve its internal dispute over water sharing and then give a strong message to India.

"We need to protect our water; otherwise we will lose this precious resource," he said.

Murtaza said India violated the IWT earlier and built controversial dams but Pakistan could do nothing except lodging protests.

He said Pakistani officials have in the past shown criminal negligence at various international forums and damaged the interests of the country with regard to its water resources.

"We need to give a strong response to this move by India to renegotiate the IWT," he added.

Responding to the call attention notice on behalf of the minister for water resources, Federal Minister for Climate Change Senator Sherry Rehman informed the house about the contents of the Indian notice.

She said India has accused Pakistan of violating the agreement and committing material breaches while making vague demands for modifying the IWT.

"It seems that the Indian government has raised the issue in an aggressive manner in order to garner public support ahead of the Indian general election," she said.

"Responding to the letter in an aggressive manner will not be a proper strategy as the Modi government apparently wants to provoke Pakistan."  She assured the Senate that the government is fully cognizant of the matter and is dealing with it on its merits.

"According to Article XII (4) of the IWT, the provisions of this treaty shall continue to remain in force until terminated by a duly ratified treaty concluded for that purpose between the two governments.

"The WT is the only ratified treaty between Pakistan and India and has not been replaced by a duly ratified treaty concluded between the two governments; therefore, the IWT is the instrument in force and will continue to be in force."

She said it is imperative for India to ensure implementation of the treaty in its true letter and spirit. Rehman said in the past, Pakistan raised objections to the design of Baglihar Dam and challenged legality of diversion of the River Kishanganga into Wullar.

"Presently, Pakistan has disputed India’s Kishenganga and Ratle hydroelectric plants and moved the Court of Arbitration to interpret various provisions of the treaty for settlement of systemic issues concerning its interpretation and application."

The minister said that the PIC as defined in the treaty is the appropriate forum to raise and discuss any concerns. Pakistan is, therefore,  happy to engage on any outstanding issue regarding the treaty.

"The government has made deliberations with all relevant stakeholders, and a response was sent to India on April 1, 2023, seeking clarification from the Indian side about the contents of their letter. The response has been made while considering the national interests of the country." Rehman said Pakistan is not panicking and is vigilant about its water resources.

"The IWT has survived all kinds of tensions between the two countries and has played a vital role in managing the water resources between India and Pakistan. Pakistan is committed to the treaty and expects India to comply with it," she added.