Can the Indus become a catalyst for cooperation?
Pakistan needs to work towards fixing its internal water disputes within Indus Water Treaty to combat water scarcity.
The writer is a lawyer and a researcher at Research Society of International Law, a Lahore-based think tank. She holds a law degree from the University of London
The Indus Waters Treaty is causing tensions between India and Pakistan. I am apprehensive how this Indus Waters conundrum will unfold in the future as the prevailing scenario is fraught with complications, especially for the lower riparian — i.e., Pakistan. It seems that going beyond the treaty is the only viable option and this is being debated across various forums, notwithstanding that the majority still believes that the treaty be given another chance and Pakistan stay within its parameters.
Pakistan is built around a single river system — the Indus Basin — and has gone from being a water-surplus to a water-distressed country over a period of time. This has been a consequence of its burgeoning population. While its population has ballooned, the scale of water in the single river system upon which the country is heavily dependent has remained the same, leading to a serious water crisis.
Pakistan’s water security is under a series of unprecedented threats. This is due to inadequate and poor water management and climate change, which seem to have a profound impact on the problem of water scarcity. The Indus, which rises from the Himalayas, is unique in nature as it lies in the low-rainfall area. Hence, the pace at which snow is melting over the Himalayas can have disastrous ramifications for the water security of the country.
So, what is the way out for Pakistan? It is, perhaps, pertinent to blame the Indus Waters Treaty for the water-stress we face, but doing away with the treaty will not do justice to it as it has survived three wars and stood the test of time. When the Indus Waters Treaty was signed — the 1960s — there was an abundance of water and climate change did not have an overwhelming impact on water flows. It is believed that the treaty was not drafted with a far-sighted approach as it failed to anticipate the repercussions that climate change could have, but that does not imply that the parties cannot stay within its ambit to resolve their water issues. The best possible option for Pakistan is to explore new areas of cooperation within the scope of the treaty. The treaty itself favours cooperation whenever a conflict emerges, as Article VII talks about “future cooperation”.
Pakistan is facing serious interprovincial conflicts related to water that need to be addressed. These arose due to inequitable water sharing among the provinces and water shortages. The 1991 Indus Waters Apportionment Act was designed to ensure even-handed sharing of the Indus waters among the provinces. Despite this accord, there are endless disputes on water amongst the provinces. Pakistan needs to work towards fixing these disputes in order to combat water scarcity and to ensure equal supplies of water to all provinces. The Indus River System Authority (IRSA), under the IRSA Act of 1992, is responsible for the distribution of water among the provinces, and the state is responsible for ensuring equal water supplies. If it fails to do so, Article 155 of the Constitution gives the right to the aggrieved party to take the matter to the Council of Common Interests. Water crises can be addressed if we fix our internal shortcomings. This can be achieved if we follow the 1991 Accord in letter and in spirit, enhance IRSA’s technical capabilities and ensure that it penalises petty water thefts.
It is important to realise that we cannot operate outside the framework of the Indus Waters Treaty. This has been pointed out by David Lilienthal, former chairperson of the Tennessee Valley Authority. On his visit to India and Pakistan, he proposed that both work out a joint programme to develop the Indus River Basin System. He highlighted that the water resources of the Indus Basin should be used to promote its economic development. Notwithstanding that, both countries are determined to solve the issue of the use of the Indus Basin’s water resources on a political plane instead of a functional one. Presently, Pakistan has two options: to adhere to the treaty or look into the options of revising it. We need a far-sighted approach. If Pakistan manages to take the water crisis in its stride, a bridge could be built over the troubled relations with India.
Published in The Express Tribune, April 14th, 2013.
Pakistan is built around a single river system — the Indus Basin — and has gone from being a water-surplus to a water-distressed country over a period of time. This has been a consequence of its burgeoning population. While its population has ballooned, the scale of water in the single river system upon which the country is heavily dependent has remained the same, leading to a serious water crisis.
Pakistan’s water security is under a series of unprecedented threats. This is due to inadequate and poor water management and climate change, which seem to have a profound impact on the problem of water scarcity. The Indus, which rises from the Himalayas, is unique in nature as it lies in the low-rainfall area. Hence, the pace at which snow is melting over the Himalayas can have disastrous ramifications for the water security of the country.
So, what is the way out for Pakistan? It is, perhaps, pertinent to blame the Indus Waters Treaty for the water-stress we face, but doing away with the treaty will not do justice to it as it has survived three wars and stood the test of time. When the Indus Waters Treaty was signed — the 1960s — there was an abundance of water and climate change did not have an overwhelming impact on water flows. It is believed that the treaty was not drafted with a far-sighted approach as it failed to anticipate the repercussions that climate change could have, but that does not imply that the parties cannot stay within its ambit to resolve their water issues. The best possible option for Pakistan is to explore new areas of cooperation within the scope of the treaty. The treaty itself favours cooperation whenever a conflict emerges, as Article VII talks about “future cooperation”.
Pakistan is facing serious interprovincial conflicts related to water that need to be addressed. These arose due to inequitable water sharing among the provinces and water shortages. The 1991 Indus Waters Apportionment Act was designed to ensure even-handed sharing of the Indus waters among the provinces. Despite this accord, there are endless disputes on water amongst the provinces. Pakistan needs to work towards fixing these disputes in order to combat water scarcity and to ensure equal supplies of water to all provinces. The Indus River System Authority (IRSA), under the IRSA Act of 1992, is responsible for the distribution of water among the provinces, and the state is responsible for ensuring equal water supplies. If it fails to do so, Article 155 of the Constitution gives the right to the aggrieved party to take the matter to the Council of Common Interests. Water crises can be addressed if we fix our internal shortcomings. This can be achieved if we follow the 1991 Accord in letter and in spirit, enhance IRSA’s technical capabilities and ensure that it penalises petty water thefts.
It is important to realise that we cannot operate outside the framework of the Indus Waters Treaty. This has been pointed out by David Lilienthal, former chairperson of the Tennessee Valley Authority. On his visit to India and Pakistan, he proposed that both work out a joint programme to develop the Indus River Basin System. He highlighted that the water resources of the Indus Basin should be used to promote its economic development. Notwithstanding that, both countries are determined to solve the issue of the use of the Indus Basin’s water resources on a political plane instead of a functional one. Presently, Pakistan has two options: to adhere to the treaty or look into the options of revising it. We need a far-sighted approach. If Pakistan manages to take the water crisis in its stride, a bridge could be built over the troubled relations with India.
Published in The Express Tribune, April 14th, 2013.