More than court action, revisit the Indus Waters Treaty
Source:The Hindu
For Prelims: Indus Waters Treaty, Tributaries of Indus, Permanent Court of Arbitration, Hydroelectric power projects on River Indus and its tributaries, Convention on the Law of the Non-navigational Uses of International Watercourses 1997, World Water Council, Water Policy Journal.
For Mains: Indus Waters Treaty.
Highlights of the Article:
1.The Indus Waters Treaty (IWT) of 1960 between India and Pakistan has been a symbol of cooperation between unfriendly neighbors, surviving wars and disputes.
2.Recently, disputes over construction and design elements of hydroelectric projects in the Indus tributaries have led to increased judicial recourse.
3.Pakistan initiated arbitration at the Permanent Court of Arbitration to address issues with India's hydroelectric projects, which was upheld by the court.
4.The IWT provides some predictability but lacks mechanisms to address changing water availability due to climate change.
5.The partitioning logic of the IWT doesn't treat the entire river basin as one unit, hindering optimal resource capacity building.
6.The article suggests incorporating principles of equitable and reasonable utilization (ERU) and the no harm rule (NHR) into the IWT.
7.ERU emphasizes guiding factors, including climate change, to determine water use, while NHR obliges riparian states to prevent harm to each other.
8.The inclusion of ERU and NHR in the IWT could help resolve conflicts over water usage between India and Pakistan.
9.The World Bank, a party to the IWT, may facilitate discussions to include these principles in the treaty to ensure predictability and cooperation.
10.Revisiting the IWT and incorporating these principles is seen as a crucial step in addressing future water needs and fostering cooperation between the two nations.
Context:
The context of the article is centered around the Indus Waters Treaty (IWT) of 1960, which regulates the use of the Indus river system between India and Pakistan, two neighboring countries with a history of tense relations.
UPSC EXAM NOTES EDITORIAL ANALYSIS:
1. Background and Recent Challenges
A. The Indus Waters Treaty (IWT) signed in 1960 between India and Pakistan promoted cooperation despite historical hostilities.
B. Disputes over India's run-of-river hydroelectric projects on tributaries have escalated in the past decade, leading to increased reliance on judicial recourse.
2. Hague-based Arbitration
A. In January 2023, Pakistan initiated arbitration at the Permanent Court of Arbitration to address concerns over India's hydroelectric projects on the Kishanganga and Chenab rivers.
B. India objected, arguing for resolution through the neutral expert process, but the court ruled in favor of its competence.
3. Impact of Climate Change
A. Fixed water allocation under the IWT assumes consistent water availability, but climate change has altered precipitation and river runoff patterns.
B. Uncertainty threatens future water supplies for agriculture and industry, necessitating a review of the treaty's provisions.
4. Reassessing Water Resource Allocation
A. The partitioning of rivers into eastern and western rivers with proprietary rights assigned to India and Pakistan respectively lacks a holistic approach to river basin management.
B. India emphasizes optimal water use, while Pakistan prioritizes uninterrupted flow, leading to divergent perspectives.
5. Cardinal Principles for Cooperation
a. Equitable and Reasonable Utilization (ERU)
1. ERU's definition is absent in the IWT but can be guided by Article 6 of the Convention on the Law of the Non-navigational Uses of International Watercourses 1997.
2. Integrating ERU into the IWT would promote fair and reasonable water usage.
b. No Harm Rule (NHR)
1. The NHR obliges a state undertaking projects with transboundary effects to conduct an environmental impact assessment to prevent harm to other riparian states.
2. Implementing the NHR can mitigate negative downstream impacts and foster collaboration.
6. Prioritizing ERU and NHR Over Conflict
A. India and Pakistan believe their water uses align with the IWT, leading to disagreements.
B. Article 10 of the 1997 Convention suggests considering "vital human needs" in the context of ERU and NHR to resolve conflicts.
7. Role of the World Water Council
A. The World Water Council's journal "Water Policy" emphasizes flexibility in water allocation among riparian states.
B. Collaborating with the World Bank, the World Water Council can promote convergent state policies and the inclusion of ERU and NHR principles in the IWT.
8. Benefits of Inclusion
A. Incorporating ERU and NHR principles in the IWT ensures equitable water utilization and reduces potential harm to downstream regions.
B. Climate change adaptation and sustainable water management become achievable with cooperation.
9. Toward a Sustainable Future
A. Revisiting the IWT with a focus on flexible water allocation and cooperation addresses emerging challenges.
B. Sustainable water management is essential for meeting growing industrial needs, food security, and energy requirements in both countries.
Conclusion
1.The Indus Waters Treaty has fostered cooperation but requires reassessment in light of recent challenges.
2.Including the cardinal principles of ERU and NHR can enhance cooperation, sustainable water management, and climate change adaptation.
3.Collaboration with the World Water Council can facilitate policy convergence and predictability for the future of water resources in the Indus river basin.
|
Practice Questions: 1. How has the IWT helped to manage water resources in the Indus River basin? 2. What are the challenges that the IWT is facing in the 21st century? 3. How can India and Pakistan ensure that the IWT is fair and equitable for both countries? |
