Indus Waters Treaty
Encyclopedia
The Indus Waters Treaty is a water-sharing treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...

 between the Republic of India and Islamic Republic Of Pakistan, brokered by the World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...

 (then the International Bank for Reconstruction and Development
International Bank for Reconstruction and Development
The International Bank for Reconstruction and Development is one of five institutions that compose the World Bank Group. The IBRD is an international organization whose original mission was to finance the reconstruction of nations devastated by World War II. Now, its mission has expanded to fight...

). The treaty was signed in Karachi
Karachi
Karachi is the largest city, main seaport and the main financial centre of Pakistan, as well as the capital of the province of Sindh. The city has an estimated population of 13 to 15 million, while the total metropolitan area has a population of over 18 million...

 on September 19, 1960 by Indian Prime Minister
Prime Minister of India
The Prime Minister of India , as addressed to in the Constitution of India — Prime Minister for the Union, is the chief of government, head of the Council of Ministers and the leader of the majority party in parliament...

 Jawaharlal Nehru
Jawaharlal Nehru
Jawaharlal Nehru , often referred to with the epithet of Panditji, was an Indian statesman who became the first Prime Minister of independent India and became noted for his “neutralist” policies in foreign affairs. He was also one of the principal leaders of India’s independence movement in the...

 and President of Pakistan
President of Pakistan
The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...

 Mohammad Ayub Khan. The treaty was a result of Pakistani fear that since the source rivers of the Indus basin were in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

, it could potentially create droughts and famines in Pakistan, especially at times of war. However, India did not revoke the treaty during any of three later Indo-Pakistani Wars
Indo-Pakistani Wars
Since the partition of British India in 1947 and creation of India and Pakistan, the two South Asian countries have been involved in four wars, including one undeclared war, as well as many border skirmishes and military stand-offs...

.

Provisions

The Indus System of Rivers comprises three Western Rivers the Indus
Indus River
The Indus River is a major river which flows through Pakistan. It also has courses through China and India.Originating in the Tibetan plateau of western China in the vicinity of Lake Mansarovar in Tibet Autonomous Region, the river runs a course through the Ladakh district of Jammu and Kashmir and...

, the Jhelum
Jhelum River
Jehlum River or Jhelum River , ) is a river that flows in India and Pakistan. It is the largest and most western of the five rivers of Punjab, and passes through Jhelum District...

 and Chenab
Chenab River
The Chenab River چنRiver' آب) is a major river of Jammu and Kashmir and the Punjab in Pakistan. It forms in the upper Himalayas in the Lahaul and Spiti district of Himachal Pradesh, India, and flows through the Jammu region of Jammu and Kashmir into the plains of the Punjab, Pakistan...

 and three Eastern Rivers - the Sutlej
Sutlej
The Sutlej River is the longest of the five rivers that flow through the historic crossroad region of Punjab in northern India and Pakistan. It is located north of the Vindhya Range, south of the Hindu Kush segment of the Himalayas, and east of the Central Sulaiman Range in Pakistan.The Sutlej...

, the Beas
Beas River
The Beas River is a river in the northern part of India. The river rises in the Himalayas in central Himachal Pradesh, India, and flows for some 470 km to the Sutlej River in the Indian state of Punjab....

 and the Ravi
Ravi River
The Ravi is a trans-boundary river flowing through Northwestern India and eastern Pakistan. It is one of the six rivers of the Indus System in Punjab region ....

; and with minor exceptions, the treaty gives India exclusive use of all of the waters of the Eastern Rivers and their tributaries before the point where the rivers enter Pakistan. Similarly, Pakistan has exclusive use of the Western Rivers. Pakistan also received one-time financial compensation for the loss of water from the Eastern rivers.

The countries agree to exchange data and co-operate in matters related to the treaty. For this purpose, treaty creates the Permanent Indus Commission, with a commissioner appointed by each country.

History and Background

The waters of the Indus basin begin in the Himalayan mountains in the state of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...

. They flow from the hills through the arid states of Punjab
Punjab (India)
Punjab ) is a state in the northwest of the Republic of India, forming part of the larger Punjab region. The state is bordered by the Indian states of Himachal Pradesh to the east, Haryana to the south and southeast and Rajasthan to the southwest as well as the Pakistani province of Punjab to the...

 and Sindh
Sindh
Sindh historically referred to as Ba'ab-ul-Islam , is one of the four provinces of Pakistan and historically is home to the Sindhi people. It is also locally known as the "Mehran". Though Muslims form the largest religious group in Sindh, a good number of Christians, Zoroastrians and Hindus can...

, converging in Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

 and emptying into the Arabian Sea
Arabian Sea
The Arabian Sea is a region of the Indian Ocean bounded on the east by India, on the north by Pakistan and Iran, on the west by the Arabian Peninsula, on the south, approximately, by a line between Cape Guardafui in northeastern Somalia and Kanyakumari in India...

 south of Karachi
Karachi
Karachi is the largest city, main seaport and the main financial centre of Pakistan, as well as the capital of the province of Sindh. The city has an estimated population of 13 to 15 million, while the total metropolitan area has a population of over 18 million...

. Where once there was only a narrow strip of irrigated land along these rivers, developments over the last century have created a large network of canals and storage facilities that provide water for more than 26 million acres (105,218.4 km²) - the largest irrigated area of any one river system in the world
World
World is a common name for the whole of human civilization, specifically human experience, history, or the human condition in general, worldwide, i.e. anywhere on Earth....

.

The partition of British India
Partition of India
The Partition of India was the partition of British India on the basis of religious demographics that led to the creation of the sovereign states of the Dominion of Pakistan and the Union of India on 14 and 15...

 created a conflict over the plentiful waters of the Indus basin. The newly formed states were at odds over how to share and manage what was essentially a cohesive and unitary network of irrigation. Furthermore, the geography
Geography
Geography is the science that studies the lands, features, inhabitants, and phenomena of Earth. A literal translation would be "to describe or write about the Earth". The first person to use the word "geography" was Eratosthenes...

 of partition was such that the source rivers of the Indus basin were in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

. Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

 felt its livelihood threatened by the prospect of Indian control over the tributaries that fed water into the Pakistani portion of the basin. Where India certainly had its own ambitions for the profitable development of the basin, Pakistan felt acutely threatened by a conflict over the main source of water for its cultivable land.

During the first years of partition the waters of the Indus were apportioned by the Inter-Dominion Accord of May 4, 1948. This accord required India to release sufficient waters to the Pakistani regions of the basin in return for annual payments from the government of Pakistan. The accord was meant to meet immediate requirements and was followed by negotiations for a more permanent solution. Neither side, however, was willing to compromise their respective positions and negotiations reached a stalemate. From the Indian point of view, there was nothing that Pakistan could do to prevent India from any of the schemes to divert the flow of water in the rivers. Pakistan’s position was dismal and India could do whatever it wanted. Pakistan wanted to take the matter to the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...

 but India refused, arguing that the conflict required a bilateral resolution.

By 1951, the two sides were no longer meeting and the situation seemed intractable. The Pakistani press was calling for more drastic action and the deadlock contributed to hostility with India. As one anonymous Indian official said at the time, "India and Pakistan can go on shouting on Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...

 for all time to come, but an early settlement on the Indus waters is essential for maintenance of peace in the sub-continent" (Gulati 16). Despite the unwillingness to compromise, both nations were anxious to find a solution, fully aware that the Indus conflict could lead to overt hostilities if unresolved.

World Bank involvement

In this same year, David Lilienthal
David Lilienthal
David Eli Lilienthal was an American public official who served in many different governmental roles over the course of his career...

, formerly the chairman of the Tennessee Valley Authority
Tennessee Valley Authority
The Tennessee Valley Authority is a federally owned corporation in the United States created by congressional charter in May 1933 to provide navigation, flood control, electricity generation, fertilizer manufacturing, and economic development in the Tennessee Valley, a region particularly affected...

 and of the U.S. Atomic Energy Commission, visited the region to write a series of articles for Colliers magazine. Lilienthal had a keen interest in the subcontinent and was welcomed by the highest levels of both Indian and Pakistani governments. Although his visit was sponsored by Colliers, Lilienthal was briefed by State Department and executive branch officials, who hoped he could help bridge the gap between India and the United States and also gauge hostilities on the subcontinent. During the course of his visit, it became clear to Lilienthal that tensions between India and Pakistan were acute, but also unable to be erased with one sweeping gesture. In his journal he wrote:

"India and Pakistan were on the verge of war over Kashmir. There seemed to be no possibility of negotiating this issue until tensions abated. One way to reduce hostility . . . would be to concentrate on other important issues where cooperation was possible. Progress in these areas would promote a sense of community between the two nations which might, in time, lead to a Kashmir settlement. Accordingly, I proposed that India and Pakistan work out a program jointly to develop and jointly to operate the Indus Basin river system, upon which both nations were dependent for irrigation water. With new dams and irrigation canals, the Indus and its tributaries could be made to yield the additional water each country needed for increased food production. In the article I had suggested that the World Bank might use its good offices to bring the parties to agreement, and help in the financing of an Indus Development program. (Gulhati 93)"

Lilienthal's idea was well received by officials at the World Bank, and, subsequently, by the Indian and Pakistani governments. Eugene R. Black, then president of the World Bank told Lilienthal that his proposal "makes good sense all round". Black wrote that the Bank was interested in the economic progress of the two countries and had been concerned that the Indus dispute could only be a serious handicap to this development. India's previous objections to third party arbitration were remedied by the Bank's insistence that it would not adjudicate the conflict, but, instead, work as a conduit for agreement.

Black also made a distinction between the "functional" and "political" aspects of the Indus dispute. In his correspondence with Indian and Pakistan leaders, Black asserted that the Indus dispute could most realistically be solved if the functional aspects of disagreement were negotiated apart from political considerations. He envisioned a group that tackled the question of how best to utilize the waters of the Indus Basin - leaving aside questions of historic rights or allocations.

Black proposed a Working Party made up of Indian, Pakistani and World Bank engineers. The World Bank delegation would act as a consultative group, charged with offering suggestions and speeding dialogue. In his opening statement to the Working Party, Black spoke of why he was optimistic about the group's success:

One aspect of Mr. Lilienthal's proposal appealed to me from the first. I mean his insistence that the Indus problem is an engineering problem and should be dealt with by engineers. One of the strengths of the engineering profession is that, all over the world, engineers speak the same language and approach problems with common standards of judgment. (Gulhati 110)
Black's hopes for a quick resolution to the Indus dispute were premature. While the Bank had expected that the two sides would come to an agreement on the allocation of waters, neither India nor Pakistan seemed willing to compromise their positions. While Pakistan insisted on its historical right to waters of all the Indus tributaries,and that half of West Punjab
West Punjab
West Punjab was a province of Pakistan from 1947 to 1955. The province covered an area of 160,622 km², including much of the current Punjab province and the Islamabad Capital Territory, but excluding the former princely state of Bahawalpur. The capital was the city of Lahore and the province...

 was under threat of desertification
Desertification
Desertification is the degradation of land in drylands. Caused by a variety of factors, such as climate change and human activities, desertification is one of the most significant global environmental problems.-Definitions:...

 the Indian side argued that the previous distribution of waters should not set future allocation. Instead, the Indian side set up a new basis of distribution, with the waters of the Western tributaries going to Pakistan and the Eastern tributaries to India. The substantive technical discussions that Black had hoped for were stymied by the political considerations he had expected to avoid.

The World Bank soon became frustrated with this lack of progress. What had originally been envisioned as a technical dispute that would quickly untangle itself became an intractable mess. India and Pakistan were unable to agree on the technical aspects of allocation, let alone the implementation of any agreed upon distribution of waters. Finally, in 1954, after nearly two years of negotiation, the World bank offered its own proposal, stepping beyond the limited role it had apportioned for itself and forcing the two sides to consider concrete plans for the future of the basin. The proposal offered India the three eastern tributaries of the basin and Pakistan the three western tributaries. Canals and storage dams were to be constructed to divert waters from the western rivers and replace the eastern river supply lost by Pakistan.

While the Indian side was amenable to the World Bank proposal, Pakistan found it unacceptable. The World Bank allocated the eastern rivers to India and the western rivers to Pakistan. This new distribution did not account for the historical usage of the Indus basin,or the fact that West Punjab's Eastern districts could turn into desert, and repudiated Pakistan's negotiating position. Where India had stood for a new system of allocation, Pakistan felt that its share of waters should be based on pre-partition distribution. The World Bank proposal was more in line with the Indian plan and this angered the Pakistani delegation. They threatened to withdraw from the Working Party and negotiations verged on collapse.

But neither side could afford the dissolution of talks. The Pakistani press met rumors of and end to negotiation with talk of increased hostilities; the government was ill-prepared to forego talks for a violent conflict with India and was forced to reconsider its position. India was also eager to settle the Indus issue; large development projects were put on hold by negotiations and Indian leaders were eager to divert water for irrigation.

In December 1954, the two sides returned to the negotiating table. The World Bank proposal was transformed from a basis of settlement to a basis for negotiation and the talks continued, stop and go, for the next six years.

One of the last stumbling blocks to an agreement concerned financing for the construction of canals and storage facilities that would transfer water from the eastern Indian rivers to Pakistan. This transfer was necessary to make up for the water Pakistan was giving up by ceding its rights to the eastern tributaries. The World Bank initially planned for India to pay for these works, but India refused. The Bank responded with a plan for external financing supplied mainly by the United States and the United Kingdom. This solution cleared the remaining stumbling blocks to agreement and the Treaty was signed by the Prime Ministers of both countries in 1960.

Treaty Provisions

The agreement set up a commission to adjudicate any future disputes arising over the allocation of waters. The Permanent Indus Commission has survived two wars and provides an on-going mechanism for consultation and conflict resolution through inspection, exchange of data, and visits. The Commission is required to meet regularly to discuss potential disputes as well as cooperative arrangements for the development of the basin. Either party must notify the other of plans to construct any engineering works which would affect the other party and to provide data about such works. In cases of disagreement, a neutral expert is called in for mediation and arbitration. While neither side has initiated projects that could cause the kind of conflict that the Commission was created to resolve, the annual inspections and exchange of data continue, unperturbed by tensions on the subcontinent.

The Indus Waters Treaty is the longest agreement that has been faithfully implemented and upheld by India.

Current status

According to Kashmiri Separatists, Indus water treaty has deprived J & K state to use its own water resources claiming losses in agriculture and energy.

India is currently building a dam and a hydroelectric water project at Nimzoo Bag
Nimoo Bazgo Project
The Nimoo Bazgo power project is a run-of-the-river power project on the Indus River situated at village Alchi, 70 kilometers from Leh in the Indian state of Jammu and Kashmir. The project was conceived on July 1, 2001 and approved on June 8, 2005, and construction began on June 9, 2005...

in Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...

. Pakistani authorities allege the project is a violation of the Indus Waters Treaty. India holds that it is committed to the treaty. The countries are in talks over the issue as of 2010.

Sources

  • Barrett, Scott, "Conflict and Cooperation in Managing International Water Resources," Policy Research Working Paper 1303, The World Bank, May 1994.
  • Gulhati, Niranjan D., The Indus Waters Treaty: An Exercise in International Mediation, Allied Publishers: Bombay, 1973.
  • Michel, Aloys Arthur, The Indus Rivers: A Study of the Effects of Partition, Yale University Press: New Haven, 1967.
  • Verghese, B.G., Waters of Hope, Oxford and IBH Publishing: New Delhi, 1990.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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