Transboundary Water Cooperation

The UN Water Conference 2023 was held from March 22 to 24 at UN Headquarters in New York. The conference was co-hosted by the Netherlands and Tajikistan and brought together over 2,000 government representatives, scientists, academics, civil society groups, private sector representatives, and youth delegates to address future water-related challenges. The conference’s overarching themes included water for health, sustainable development, cooperation, climate resilience, and the “water action decade”, which aimed to strengthen and accelerate action in key water areas and address current water-related challenges. Pakistan was represented by a four-member delegation, including Mr Hassan Nasir Jamy, Federal Secretary for the Ministry of Water Resources.

The UN water conference reported that two billion people (26 per cent of the world’s population) do not have access to clean drinking water, and 3.6 billion people (46 per cent of the world’s population) do not have access to adequately managed sanitation. The sustainable development goals (SGDs) highlight the significance of water in developing healthy ecosystems, producing food and energy, promoting gender equality, and reducing poverty. Since water and climate are closely linked, the effects of climate change on the water can be seen and felt more quickly. For example, floods, heavy rains, and droughts are all getting worse due to climate change. These effects threaten both sustainable development and biodiversity.

In 2022, the world bank reported that the heavy rainfalls and floods in Pakistan resulted in the loss of 1700 precious lives and the displacement of more than 2 million people. Pakistan is one of the ten most vulnerable countries to climate change, and with the growing water scarcity, future water challenges tend to become more severe. In this context, the UN’s Water Conference presented an opportunity for Pakistan to highlight the need for transboundary cooperation. Pakistan’s delegation citing the 1960 Indus Water Treaty (IWT) between India and Pakistan, highlighted the significance of effective mechanisms to deal with issues related to shared water resources. Mr Hassan Nasir Jamy, Pakistan’s chief delegate, drew attention to precedents and principles on upper and lower riparian rights and obligations arising from bilateral and multilateral agreements.

Since water and climate are closely linked, the effects of climate change on the water can be seen and felt more quickly.

The world bank brokered the water-sharing arrangement between Pakistan and India, resulting in the signing of the IWT by the respective governments of Pakistan and India. IWT divided the Indus Basin between the two neighbouring states, giving access to three Eastern Rivers, including Sutlej, Beas and Ravi, to India and three Western Rivers, including Indus, Jhelum and Chenab, to Pakistan. However, India has a history of disrespecting international norms and treaties, including the UN resolutions. In July 2018, Indian prime minister Narendra Modi, while chairing a “review meeting” on IWT, bluntly stated that India would “exploit to the maximum” the water of the rivers belonging to Pakistan, including Jhelum. As reported by the Washington Post, India’s rhetoric about water is because of the intense public pressure and may escalate tensions further and result in future ‘water wars.’

The growing water scarcity in the South Asian region demands a collaborative approach, but India has chosen an inward-looking, myopic approach that is exacerbating its transboundary water relations with all neighbouring states, including Pakistan. On January 25, 2023, India issued a notice to Pakistan seeking modifications to the Indus Waters Treaty (IWT) in an unprecedented and belligerent move. Legally, the unilateral modification is impermissible under IWT as Article XII of the Treaty, dealing with termination and modification, clearly states that neither modification nor termination can take place without the consent of both Pakistan and India. Article XII(3) of the IWT states that “the provisions of this Treaty may from time to time be modified by a duly ratified treaty concluded for that purpose between the two Governments.”

The Indian notice is based on the August 2021 report of India’s parliamentary standing committee on water resources on flood management and international water treaties, particularly regarding Pakistan, China, and Bhutan. The committee was headed by Sanjay Jaiswal, a parliamentarian from Bihar and a former president of the BJP, so it is evident that the domestic political factors and the ruling BJP provoked India to demand the renegotiation of IWT. This move provided Pakistan with diplomatic space to brief them, the World Bank, and other countries and institutions on its position and the threats to regional security that a dysfunctional water treaty can pose. Hassan Nasir Jamy, Pakistan’s chief delegate at UN Water Conference, while talking about IWT, emphasised that “The concerned Parties must fully respect these norms.” He added that the unilateral actions could spiral into threats to regional stability and peace and must be avoided.

In the South Asian region, water cooperation has become more crucial due to population growth, rising water demand, impacts of climate change, and environmental degradation. The region would not be able to develop cooperative solutions unless India shows flexibility, as the limited perspective on this matter may cause millions to live in poverty. India needs to cooperate with Pakistan and the international community to build a climate-smart response. In addition, India must abide by international norms and treaties in letter and spirit to create a conducive environment to address future challenges related to water scarcity.

The writer is a Researcher at the Centre for Aerospace and Security Studies (CASS), Lahore, Pakistan. He may be reached at casslahore@gmail.com.