Water arbitration

Waters flowing down the Himalayan streams are an issue of life and death for the Subcontinental states. Pakistan, while being a lower riparian country, is more conscious of the prestigious utility from nature, and has always strived for a lawful and consensual approach since the signing of the Indus Water Treaty in 1960 with India. The recent decision of the Permanent Court of Arbitration ruling that it is a competent forum to mediate dispute over Kishanganga, Ratle projects, has come as a great respite. Moreover, the fact that the unanimous decision is binding on all the parties, and cannot be appealed, makes it a viable outcome to address the odds that had crept in over the water down-flow in the wake of New Delhi’s intransigence.

The dispute pertains to concerns raised by Pakistan over India’s construction of the 330-megawatt Kishanganga hydroelectric project on the River Jhelum, and also an 850 MW Ratle hydroelectric project on the Chenab. While the non-United Nations intergovernmental institution gave no details on when and how the case will continue, it has taken on the mantle of thoroughly addressing the issue under the canon of the treaty itself. This is a welcome development, and a moral victory for Pakistan. The outcome should be read and seen in the wider perspective of co-existence at a time when climate change is playing havoc, and food and water self-sufficiency remains a constant challenge and irritant.

It is worth observing that the UN has categorically stated that both Pakistan and India are facing acute water crisis. This scarcity is rapidly evolving into a security issue, which has compelled both the neighbours to interpret the Indus Treaty through their own perceptional prisms. This is where International Law is sought and the courageous decision of PCA has taken care of the standoff in a judicious manner. Water should never be politicised and the need of the hour is that stakeholders across the divide take a holistic view of exigencies at hand, and not to transgress the great 1960 understanding for the sake of point-scoring.

 

Published in The Express Tribune, July 8^th, 2023.

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