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Why the Indus Water Treaty is being debated in India

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Ever since the attacks on the Indian Army base at Uri by four terrorists identified by India as members of the Pakistan based terrorist group Jaish-e-Mohammed, there has been a growing demand by the Indian public that its government must act tough on Pakistan. Of the various options mooted, one of them was to revisit the Indus Water Treaty in order to send Pakistan a strong message.

Although the public outrage has relatively eased after the Indian Army conducted surgical strikes across the Line of Control to dismantle terror launchpads in PoK, the Indus Water Treaty nevertheless continues to be discussed in the broader discourse. While some have called for abrogation of the lopsided treaty, others have suggested India should make full use of the waters, which it has not done so far, within the provisions of the treaty. But any evaluation of this matter must be cognisant of both these facts: the treaty is grossly unfair to India and that there is no tap that can be turned off to stop the Indus waters.

Signed in 1960 by Indian Prime Minister Jawaharlal Nehru and Pakistan’s President at the time Ayub Khan, the Indus Water Treaty was brokered by the World Bank. It is an extraordinarily generous water sharing treaty, and is the only pact in the world that compels the upper riparian state to defer to the interests of the downstream state. The treaty gives Pakistan control over the three so-called ‘western’ rivers of Indus, Jhelum and Chenab that flow from the Indian state of Jammu & Kashmir before entering Pakistan. On the other hand, India gets to control the three eastern rivers of Ravi, Beas and Sutlej that flow from the Indian state of Punjab. This parity in the number of rivers is, however, quite misleading. The three rivers that India gets to control have awfully low volume of waters compared to the other three. In all, Pakistan gets a whopping 5,900 tmcft volume of water every year which is a massive 80.5% share of the total waters, while India gets to use only 19.5%.

What’s ironic is that Pakistan gobbles up all of this water even though its actual requirement is much less. It is egregious that annually about 40 million acre feet (maf) of water flows into the Arabian Sea absolutely unutilised, according to a study by an Indian Supreme Court Advocate. If even some of these waters were allowed to be utilised by India, the water crunch in the states of Haryana, Punjab and Rajasthan could probably be solved. Further, the Indian state most affected by the treaty is Jammu and Kashmir. The people and government of Jammu and Kashmir have time and again raised this issue. In 2002, the state assembly passed a unanimous resolution demanding the abrogation of the pact, when Mufti Mohammed Sayeed was the Chief Minister. Given the power shortages in the state, full access to Indus waters has the ability to boost self-reliance which is key to solving the state’s problems. Pakistan however has a vested interest in continuing the status quo because it harms the people of Jammu and Kashmir and undermines their economic growth.

Even though under the treaty India has the right to ‘non-consumptive’ use of the western three rivers, which is for purposes such as hydro power generation and even storage upto 3.6 million acre feet, India has hardly made any use of these waters, allowing Pakistan to benefit from the surplus. Even for the few projects that India has undertaken such as the Kishanganga and Ratle projects well within the treaty framework, Pakistan has unabashedly taken them to international arbitration over petty objections, in effect stalling the projects resulting in obvious implications such as cost overruns. Meanwhile as the Indian projects are halted, Pakistan itself is busy erecting dams to make its case stronger. Ironically, China too has stealthily built a dam on the Indus at Demchok in Ladakh.

The Indus Water Treaty came into recent spotlight when the spokesperson India’s Ministry of External Affairs Vikas Swarup on 22nd September hinted at a press briefing that India may revisit it. “I am sure you are aware that there are differences between India and Pakistan on the implementation of the Indus Waters Treaty”, he said before adding that the issue is being addressed bilaterally and that all cooperative measures call for mutual trust and goodwill on both sides. “For any such treaty to work, it is important there must be mutual trust and cooperation. It can’t be a one-sided affair,” Swarup said.

Largesse be it in the case of river waters or other resources like land, marine resources, etc. is not uncommon in diplomacy. India has a proven track record of making magnanimous overtures to its neighbours. The recent land boundary agreement with Bangladesh is a fine example of how India is willing to walk the extra mile if the partner country is able to reciprocate with a sense of goodwill and positivity. But Pakistan is no Bangladesh or Bhutan.

There is neither mutual trust nor goodwill, which were the foundational basis of the Indus Water Treaty, between India and Pakistan today. For 56 years of uninterrupted and unquestioned flow of waters from India to Pakistan, all India has got in return is the blood of its citizens. As Indian strategic affairs expert Brahma Chellaney wrote in his recent article, “If India jettisons the 1960 Indus Waters Treaty (IWT), it can fashion water into its most potent tool of leverage to mend Pakistan’s behaviour. Pakistan has consistently backed away from bilateral agreements with India – from the Simla Agreement, to the commitment not to allow its territory to be used for cross-border terrorism… It cannot selectively demand India’s compliance with one treaty while it flouts a peace pact serving as the essential basis for all peaceful cooperation, including the sharing of river waters.” Chellaney has also pointed out that Pakistan’s use of state-reared terrorist groups can be invoked by India, under Article 62 of the Vienna Convention on the Law of Treaties, as constituting reasonable grounds for withdrawal from the Indus treaty.

The Indian government has for now not decided to abrogate the treaty, but would be ‘maximising’ the use from the western waters under the ambit of the treaty. In a high level review meeting, Prime Minister Modi has said that “blood and water cannot flow at the same time”, indicating a firm stance. The government has also decided to suspend the meeting of Indus Water Commission until further notice, pointing out that such engagements need an atmosphere free from terror. Pakistan must realise that if it does not mend its ways and stop cross-border terrorism, India could escalate further. With every misadventure Pakistan undertakes, the costs will be raised by India. The Indian government’s signal to Pakistan is clear – it is not going to be business as usual if Pakistan continues to bleed India.

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Into the Sea: Nepal in International Waters

Sisir Devkota

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A visit to the only dry port of Nepal will immediately captivate busy scenes with hundreds of trucks, some railway carriages and huge Maersk containers at play. Trains from the Port of Kolkata in India carry tons of Nepal’s exports every week. Every year, Nepal is fined millions of rupees for overstaying its containers at the designated dock in Haldiya Port of Kolkata. Nepal pays for spaces inside Indian ships to carry out its exports via the sea. This is the closest Nepal has come in exploiting economic opportunities through sea waters. Prime Minister KP Oli went one step further and presented an idea of steering Nepal’s own fleets in the vast international sea space. While his idea of Nepal affording its own ship was mocked; on the contrary, he was right. The idea is practical but herculean.

To start with, Nepal has a landlocked right to use international waters via a third country for economic purposes only. Law of the Sea conferences held during the 80’s, guarantees Nepal’s right to use the exclusive economic zone all around the globe. Article 69 of the Law of the Sea convention states that Nepal could both use sea as a trading route and exploit the exclusive economic zone of its sea facing neighbors. Nepal’s closest neighbor, India has a wide exclusive economic zone which consists of 7500 km long coastline. The article also allows landlocked nations to use docking facilities of the nearest coastal nation to run its fleets. An exclusive economic zone in sea waters is designated after a coastal nation’s eleven mile parallel water boundary ends; which is also a part of the coastal nations territory. Simply put, Nepali fleets can dock at India’s port, sail eleven miles further into international waters-carry out fishing and other activities, sail back to the Indian coast and transfer its catches back to Nepal.

Floating Challenges

Before ships can carry the triangular flag into sea waters, Nepal will need treaties in place to use coastal nation’s water to take off and build shipment facilities. Law of the Sea convention clearly mentions that the right to use another nation’s coast will depend solely on the will of the hosting coastal nation. Does Nepal have the political will to communicate and forge a comprehensive sea transit agreement with its coastal neighbors? Nepal’s chance of securing fleets in and around the Indian Ocean will depend on whether it can convince nations like India of mutual benefits and cancel any apprehension regarding its security that might be compromised via Nepal’s sea activity. The convention itself is one among the most controversial international agreements where deteriorating marine ecosystems, sovereignty issues and maritime crimes are at its core. Majority of global and environmental problems persist in the high seas; ranging from territorial acquisitions to resource drilling offences. Nepal is welcome into the high seas, but does it comprehend the sensitivity that clouts sea horizons? Nepal needs a diplomatic strategy, but lacking experience, Nepal will need to develop institutional capacities to materialize the oceanic dream. Secondly, the cost of operating such a national project will be dreadfully expensive. Does the Nepali treasury boast finances for a leapfrogging adventure?

How is it possible?

The good news is that many landlocked nations operate in international waters. Switzerland, as an example might not assure the Nepali case, but Ethiopia exercising its sea rights via Djibouti’s port could be inspiring. Before Nepal can start ordering its fleets, it will need to design its own political and diplomatic strategy. Nepal’s best rationale would lie in working together with its neighbors. The South Asian network of nations could finally come into use. Along with Nepal, Bhutan is another landlocked nation where possible alliances await. If India’s coasts are unapproachable, Nepal and Bhutan could vie for Bangladeshi coastlines to experience sea trading. Maldivian and Pakistani waters are geographically and economically inaccessible but Sri Lanka lies deep down the South Asian continent. If Nepal and Bhutan can satisfy Sri Lankan interests, the landlocked union could not only skim through thousands of nautical miles around the Bay of Bengal without entering Indian water space; but also neutralize the hegemonic status of India in the region. If such a multinational agreement can be sought; SAARC- the passive regional body will not only gain political prowess but other areas of regional development will also kickstart.

Most importantly, a transit route (such as the Rohanpur-Singhdabad transit route) from Bangladesh to Nepal and Bhutan will need to be constructed well before ships start running in the Indian Ocean. In doing so, Nepal will not only tranquilize Nepal-Bhutan relations but also exercise leadership role in South Asia. A regional agreement will flourish trade but will also make landlocked Nepal’s agenda of sailing through other regions of international sea strong and plausible. A landlocked union with Bhutan will trim the costs than that of which Nepal will be spending alone. Such regional compliance would also encourage international financial institutions to fund Nepal’s sea project. Apart from political leverages, Nepal’s economy would scale new heights with decreasing price of paramount goods and services. Flourishing exports and increased tourism opportunities would be Nepal’s grandiloquence. Nepal’s main challenge lies in assuring its neighbors on how its idea would be mutually beneficial. Nepal’s work starts here. Nepal needs to put together a cunning diplomatic show.

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Prime Minister Narendra Modi’s Hug Diplomacy Fails

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Prime Minister Narendra Modi’s enthusiasm is only to capture power; the same, however, cannot be said of foreign policy administration, especially in dealing with our immediate neighbors, and China. The best examples of his policy paralysis are the way in which demonetization and GSTs are implemented, or his sudden visit to Pakistan in December 2015. He is always in election mode. During the first two years, he was in the humor of a general election victory. Thereafter, he has spent much of his energy in establishing himself as the sole savior of the BJP in state elections, and this year he will turn his attention to the 2019 general elections.

Two years ago, without doing any homework or planning, Modi travelled to Pakistan from Afghanistan to greet his counterpart, the then Prime Minister Nawaz Sharif, to wish him well on his birthday. He hugged Sharif and spent only two hours with him to try to sort out the 70 year outstanding divergence between India and Pakistan.

Modi strategically hugs fellow world leaders. He has no strategic perception. He believes only in the power of his personal charisma in dealing with foreign policy matters. This strategy has failed considerably with China and with our other immediate neighbors, but he neither intends to accept these mistakes, nor is he interested in learning from them. More importantly, an alternative diplomatic strategy is necessary to maintain our international position; through prudent policy articulations. Let us examine the impact of his hug diplomacy.

During the 2013/14 general elections campaign he attacked the Congress-led UPA government on multiple fronts, including towards former Prime Minister Dr.Manmohan Singh’s policy on Pakistan. He proposed that the BJP government would have more guts to better deal with Pakistan. Under his administration, we lost numerous soldiers in fighting with Pakistan terrorists, experienced a 100-day shutdown in Kashmir, blindly allowed a Pakistan team to inspect our Pathankot Air Force Station, and generally continued down a visionless path in foreign policy. These indicate that Modi’s defensive and offensive strokes against Pakistan have failed completely, including the most politicized ‘surgical strike’ that did not contain the terrorists from Pakistan. Today, the Modi government is searching for policy directions in handling Pakistan, but sat in a corner like a lame duck.

In the beginning, when he took office, Modi perhaps believed that ‘everything is possible’ in international affairs simply by virtue of occupying the prime minister seat. Further, he thought that all his visits abroad would bring a breakthrough. His hugs with counterparts, various costume changes, and the serving of tea, indicate that our prime minister is using soft power approaches. These approaches were used by our first Prime Minister Nehru whilst India did not have a strong military or economy. However, India is not today what it was in the 1950/60s. Presently, hugging and changing costumes will not necessarily keep India influential in international relations, especially at a time when the world is undergoing multi-polar disorder. However, he is in continuous denial that his paths are wrong, especially in dealing with our neighbors.

What is the BJP led-NDA government policy on Pakistan? Does this government have any policy for Pakistan? Since 2014,Modi has not permitted the Minister of External Affairs, Sushma Swaraj, to contribute to any foreign policy articulations. As long as Sushma fulfills the duty of Ministry of Indian Overseas Affairs she will receive praise from the prime minister’s office.

During 2015 he met Sharif at his residence in Islamabad to give him a hug. This happened exactly two years ago. Further, this is a very serious question that the Media and Modi-supporting TV channels forgot to raise. Instead, without hesitation, they praised him for touching the sky, and described the moment as a diplomatic initiative for a breakthrough with our neighbor Pakistan. The Media will realize this mistake when their traditional viewers switch over to other channels to get centrist news.

What are the outcomes of Modi hugging Sharif at his residence? The results are terrible. India’s relation with Pakistan touches the lowest ever level in a history of 70 years. The Mumbai terror attack mastermind Hafiz Saeed was released from house arrest and has started a political party to contest the general elections in Pakistan next year. This government does not have the guts to put pressure on Pakistan to provide the evidence – as requested by the Pakistan’s Court – essential to keeping the trial alive against Saeed. Modi has often preached that his government succeeded in isolating Pakistan in the international domain. The reality would be as much India diplomatically isolating Pakistan from the international community as the vacuum has been comfortably filled by China without any difficulty. These are the achievements that Modi’s hugs have brought to India.

The stability of Afghanistan is in India’s long-term strategic interest. India’s ‘aid diplomacy’ to Afghanistan in various fields has been increasing day after day, including infrastructure development and the training of Afghan security forces. Yet, India’s influence in Afghanistan is in disarray. Former Afghanistan President Hamid Karzai said, “India should have its own policy on Afghanistan”. However, Modi’s policy makers in New Delhi are expecting the US President Donald Trump and Secretary of State Rex Tillerson to maintain India’s active and significant role in Afghanistan.

India showed its displeasure during the constitutional crisis in Nepal, in halting energy supply to Kathmandu. This forced the land-locked country to obtain easy support from Beijing. Nepal was once the buffer state between India and China; it is now sitting on China’s lap and steering India. Modi’s mute approach to the Rohingya crisis speculates India’s major power ambition. This is a serious setback to India’s diplomacy: it is now pushing Myanmar to get support from China, along with our neighbor Bangladesh, in resolving the crisis with Rohingya refugees.

The first democratically elected government under Mohamed Nasheed was toppled unconstitutionally in Maldives. Since India has failed to raise any substantial voice against this atrocity, China has jumped onto the scene. New Delhi ought to have designed a policy to resolve the political crisis, but India, the world’s largest democracy, has watched this incident as a movie in the Indian Ocean Theatre. The highlight was the decision of our Prime Minister to skip a visit to the Maldives whilst on his tour of the Indian Ocean islands.

In Sri Lanka, China is designing its future battlefield against India. As the war against LTTE was over, Colombo started travelling in a two-way track, with India and China. Beijing’s love affair, apparently with Colombo, but with an eye on New Delhi, is no secret. Since Modi has allowed these developments without exercising any diplomatic resistance, he has given China a comfortable seat inside Sri Lanka. China has now realised that her weaved network against India can be strengthened easily in the Indian Ocean, because New Delhi only displays silent concern. After Modi took office, India – China relations have remained static. The border talks are on stand still. Beijing holds on to extend a technical hold on Masood Azhar, a UN designated terrorist. The dragon pulls our immediate neighbors to her side. These developments indicate that our foreign policy articulations are not supported by any clear strategic trajectory.

Modi’s diplomacy is like an air balloon which, once torn, cannot be refilled; a new balloon is needed. Hugging a leader does not lead to any commitment in foreign affairs. Personal charisma does not work as a foreign policy tool in dealing with a world power. For this reason, Modi cannot understand the setback he is facing with China, Pakistan, and our other neighbors. In comparison, Vajpayee’s or Dr. Manmohan Singh’s combined simple charisma as leaders or economists with appropriate home-work in the past; has caused tremendous results in foreign policy, including expected results in Indo-US nuclear negotiations. This is completely missing in Modi’s administration.

Hence, the newly elected Congress Party President Rahul Gandhi has said, “Modi’s hug diplomacy fails”. It was a valuable comment that the ruling elite should consider as a meaningful insight. Alternative approaches are vital to regain our neighbors’ trust, as opposed to China’s. However, Prime Minister Modi’s this year of work will be focused on the 2019 general elections, compromising the proper attention due to India’s international diplomacy.

First published in Congress Sandesh

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Potential Consequences of Nuclear Politics in South Asia

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Established in 1948, Indian atomic energy commission turned towards United Kingdom for their first help in the making of Apsara. Subsequently, with a similar vision, the CIRUS reactor was supplied by Canada, where, the heavy water came from the United States.

India, over the years, has built a nuclear program that has led to the making of a number of reactors. India’s 1974 “Peaceful nuclear explosion” implies to their hegemonic ambitions as India has the capacity to produce around 300-400 nuclear weapons. The continuous upgradation of weapons by India could lead her as a hegemon nuclear power that can deeply unsettle Pakistan and China.

Calling into question India’s stated intentions, when it comes to nuclear tests, the plutonium for its 1974 and 1998 tests was diverted from its “civilian” nuclear facilities. After 1974, India continued to claim its explosion was “peaceful” and advocated global nuclear disarmament, even as it rejected proposals by Pakistan to denuclearize South Asia.

From Pokhran-I to Operation Shakti, India has traditionally relied on plutonium and thermonuclear technology. In 1992, the then Chairman of Department of Indian Atomic Energy  acknowledged that India had succeeded in the past for achieving the target of highly enriched uranium, while the centrifuge program was facing critical and technical hindrances. Also, it was admitted by the former Chairman of AEC, Raja Ramanna that India was working to produce more efficient centrifuges which were used for military purposes.  At the peak of all these developments, it is important to note that thermonuclear weapons have far more destructive power than a nuclear bomb.

India may also be considering using its civil power reactors to increase its stock of weapon-grade plutonium. Robert Einhorn, the State Department’s former top nonproliferation official told the Carnegie International Nuclear Policy Conference in March that the officials in the Bush administration had the ambition to sign a nuclear deal with India, to “work together to counter China- to be a counterweight to an emerging China.” He further expressed his views that the nuclear deal had unfortunate repercussions, because other nations concluded that Washington was playing favorites with India.

India is the only country in the region having uranium reserves that are higher than what other countries in the region hold. India has already received roughly 4,914 tons of uranium from France, Russia, and Kazakhstan, and it has agreements with Canada, Mongolia, Argentina, and Namibia for additional shipments. It also signed a uranium deal with Australia that has sparked considerable controversy at home.

This massive production of uranium annually can support its nuclear submarine program and current weapons grade plutonium production rate indirectly. These uranium reserves are enough for approx. 6-10 bombs per year.

Adding a twist to the existing fissile material build-up process, the Indo-US strategic partnership supplemented it. Under this dangerous bargain, it would continue to not only allow India to increase its fissile material but also the capacity to increase the build-up of nuclear weapon material.

Hence, the strategic stability in South Asia has been negatively impacted since the initial stages due to the hegemonic designs which India pursued with the start of CIRUS reactor. With the passage of time, the Indo-US nuclear deal and Nuclear Suppliers Group (NSG) waiver have already added more repercussions and now the discriminatory move to try to facilitate Indian NSG membership will further erode the strategic stability in South Asia.

Indian NSG membership and its potential exemption has adverse implications on non-proliferation regime. This has allowed India to expand its military program. As a result of 2008 exemption it has signed a number of agreement in nuclear domain with different countries. Interestingly, Mansoor Ahmed states that India has the capacity to utilize the uranium it is importing from these countries to produce more bombs.  The aforementioned reasons sum up India’s keenness to obtain NSG’s membership. This U.S.-backed move to make India a member of the NSG will be good neither for Pakistan nor for China, and it would set off nuclear instability in the region.

While looking at the dynamics of left alone Pakistan since late 1990’s, starting from Indo-US strategic partnership to now this geoploliticising of NSG. Consequently, this shall allow India to use all this a means of making the most optimum use of all its natural uranium stocks for weaponization. To offset the stakes, it might be prudent to have a close check on the international architects of India’s nuclear build-up. The alleged misuse of U.S. and Canadian controlled items by India must be enough to refrain from any cooperation if it is not abiding by group’s guidelines and commodity control list.

Furthermore, the more discriminatory the international nuclear order becomes, the less would be the effectiveness of deterrence and strategic balance in the region. The NSG will have to identify that India’s 1974 nuclear explosive test was the reason that nuclear supplier states established the NSG. It must also emphasize upon its commitment to uphold the principles of the nonproliferation.

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