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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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South Asia

Pakistan Securing Its Maritime Interest and CPEC

Qura tul ain Hafeez

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The IOR is a major sea route that unites the Middle East, Africa, and East Asia with Europe and America. The excessive economic growth of littoral states of Indian Ocean obliges them to protect their energy needs and interests in order to endure their purchasing power. This has great security implications for the sea line of communication of the littoral states of IOR like Pakistan.

Continuing to Pakistan’s interests in IOR the China-Pakistan Economic Corridor has great potential to transmute Pakistan into a central trade platform, which would undeniably gushed the enemies, particularly India, to halt it. The development of Gwadar sea-ports as part of BRI in general  and that of CPEC in particular has amplified India’s concerns’ and aimed for more sophisticated and advanced naval build-up. Furthermore, India perceives the Gawadar port (that is considered as crown jewel of CPEC) as a hazard to its contesting interests in Central Asia countries.  The reason being, India can access Afghanistan, Iran and Central Asian Republics (CARs) only through Cahabahar by passing Pakistan and Gawadar  a deep water sea port that is easily accessible to these land locked states then Chahabahr. A couple of days back on 24th December 2018 India has formally over taken the operational control of Iran’s Cahabahar port – only (0 Km away from Gawadar port. India’s aspirations to become blue water navy in the IOR raise serious concerns among Pakistan’s maritime security. CPEC would lead toward increased maritime politics and contestations not only between Pakistan and India but would also involve China and US.

In such turbulent circumstances Pakistan is required to prepare its sea based defense to secure its sea lines.   Islamabad needs to carefully evaluate its options and develop its strategic response accordingly, involving but not limited to continuous development of its naval capability and an even closer maritime cooperation with China. In view of the prevailing power dynamics in Indian Ocean Pakistan Navyin order to secure its interest in IOR inked a contract with China’s State Shipbuilding Corporation (CSSC)in June 2018 for two, Type 054AP frigates. The agreement is an extension of a previously signed agreement in 2017. Recently on December 19, 2018 steel-cutting ceremony for the second Type 054A frigate for the Pakistan Navy was held at the Hudong-Zhonghua shipyard in Shanghai. The type 054 AP warship frigates will be equipped with modern detection-state of art sensor and Guided Missiles weapon systems; capable of anti-ship, anti-submarine and air-defense operations. According to the report of China Daily report added that the “Type 054A is the best frigate in service with the PLAN”.

It is pertinent to mention here that maritime security is linked with the Economic security and vice versa. Gawader port is one of the most important projects of the CPEC where Pakistan and China are very hopeful that in future this shipping port will generate the revenue for Pakistan’s economy.  There is a big chunk of fishery industry through which Pakistan can earn a lot. It will stimulate business and trade activities at state level and across the region.  The 054 AP frigates ““Will be one of the largest and most technologically advanced platforms of the Pakistani Navy and strengthen the country’s capability to respond to future challenges, maintain peace and stability and the balance of power in the Indian Ocean region” a report on 2nd January 2019 released by  Chinese state owned media said.

In some, to deal with all these existing defies Pakistan Navy (PN) has espoused to a multi divided line of action for safeguarding the port in more effective manners. It conducts security patrolling h and coastal exercises from time to time. Furthermore, previously in 2013 it has inaugurated its Joint Maritime Information Coordination Center (JMICC) in Karachi to provide with an effective mechanism of Maritime Domain Awareness (MDA).  After receiving these 054 AP frigates warship Pakistan will definitely in far more better position to counter India’s vested interests in Indian Ocean region. It will also help secure the Gwadar port which is the chief component of Pakistan maritime trade activities. China has always been an al weather strategic partner of Pakistan. Although India always tries to propagate that CPEC is military agreement instead of an economic one however, securing the economic interests with an advanced mechanism does not mean at all that it’s planning something militarily. Pakistan has always adopted a defensive policy and it is the right of every sovereign state to secure its interests even if they are economic as there is no morality in international politics, still CPEC is an economic project which welcomes every state of the region for economic cooperation  even if it is India as well.

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2018 was the deadliest year in the history of Kashmir

Irfan Khan

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Kashmir is natural paradise and gorgeous valley located between Pakistan, India, Afghanistan, China and with a small strip of 27 miles with Tajikistan and Kyrgyzstan. But it is still a disputed region since partition of United India into India and Pakistan (also Bangladesh in 1971) in 1947.

The history of the freedom of Kashmir dates to 1931 when the people, both Hindus and Muslims, initiated a freedom movement against the then Maharaja (ruler) to have their own indigenous rule. The resentment of the people led to the ‘Quit Kashmir’ campaign against the Maharaja in 1946. Faced with the insurgency of his people, the Maharaja fled the capital, Srinagar, on October 25, 1947 and arranged that India send its army to help him crush the rebellion. India, coveting the territory, set the condition that Maharaja must sign an ‘Instrument of Accession’ to India. At the same time, India had to attach another condition that accession was made subject to ‘reference to the people.’ On India’s showing, therefore, the accession has a provisional character.

Then India brought the dispute to the United Nations where the Security Council discussed the question exhaustively from January to April 1948. Then both India and Pakistan and approved by the international community that the dispute over the status of Jammu and Kashmir can be settled only in accordance with the will of the people which can be ascertained through the democratic method of a free and impartial Kashmiri citizens vote.

The people of Kashmir, despite of being injured since long could not lost their hope. They believe in United Nation(UN), assuming it will advocate choice of freedom for them. During the July-August 2018, people from entire Srinagar and other towns, were protesting government of India’s violation of Article 35-A of Indian’s constitution. 35-A, assure special rights to the state of Jammu and Kashmir.

Whenever, there is peaceful demonstration from them, then they must suffer basic human rights violation, fear and state of starvation as response of Indian government. In 2018, 111 civilians are killed which is double to the previous year recorded 40 killing by the Indian forces. India has some 500,000 troops deployed in Kashmir. Popular unrest has been rising since 2016 when a charismatic young Kashmiri leader, Burhan Wani, was shot dead by Indian forces.

Pakistan always has been bolstering the way of peaceful talk with India over the issue. Last year, in October, Prime Minister Imran Khan, repeated Pakistan’s stance that the solution to the region’s dispute laid in dialogue. He said,”It is time India realised that it must move to resolve the Kashmir dispute through dialogue in accordance with the UN SC resolutions and the wishes of the Kashmiri people”.

Kashmiri leader Mirwaiz Umar Farooq, in response to PM Khan said we welcomed “Pakistan’s concern” but called for Pakistan to “do much more” to “put an end to the appalling grind of repression and human rights abuse that Kashmiris are suffering at the hands of Indian state.

Happily, UN has issued human right report on Kashmir in June 2018. The report of 49 pages strongly emphasis on human right violation and abuses and delivering justice for all Kashmiris. UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein remarked “The political dimensions of the dispute between India and Pakistan have long been centre-stage, but this is not a conflict frozen in time. It is a conflict that has robbed millions of their basic human rights and continues to this day to inflict untold suffering. Therefore, any resolution of the political situation in Kashmir must entail a commitment to end the cycles of violence and ensure accountability for past and current violations and abuses by all parties and provide redress for victims”.

2018 was the deadliest year in the history of Kashmir. Hope so, Pakistan and India sandwiched by UN would resolve the issue based on Kashmir people’s choice of freedom so that human violation could be ceased.

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South Asia

CPSEC: The Saudi addition to CPEC

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CPEC has been a cornerstone of Pakistan’s long-term macroeconomic policy, and no matter who has been in power, the resolve to continue it further has been steadfast. Pakistan has realized its geopolitical advantage and has focused on constructing trade, energy and transportation corridors throughout its length. China and Pakistan in 2015, had agreed on partnering for the development of an economic corridor which would connect China’s western front with that of the Indus Belt and eventually with the Arabian Sea. The plan saw $ 62 Billion being committed to the execution of the project, building roads, rails, and power projects all along the length of Pakistan.   Contrary to popular belief, the economic corridor actually benefits both countries. China needs alternate routes for uninterrupted trade and energy supply, while Pakistan direly needed infrastructure and power sector development.

Saudi Involvement

At the recent Investment Conference titled “Davos in the Desert”, Pakistan’s newly elected Prime Minister had pitched the investment opportunities in Pakistan. Saudi Arabia now wants to be a partner in the CPEC project. The investment revolves around the establishment of an “Oil City” in Gawadar. Adviser to the Pakistani Prime Minister had said Saudi that the investment in the huge Oil City project in Gwadar would be $22 billion.

Recently after the twitter spat between the US and Saudi Arabia, the relations have been strained between the two long-term allies. Saudi Arabia, a longstanding US ally in the region is looking to diversify its relations with other nations to reduce its American dependence. This is why Saudi Arabia wants to partner into the CPEC project.

What benefits does Saudi Arabia have with the joining in the project? Saudi Arabia is still the largest supplier of crude oil. It has been looking to secure its oil exports and look for stable markets for its oil export. China is the largest importer of crude oil in the world, accounting for 18.6% of the total global import. The US, on the other hand, is the second largest importer of crude oil, though it also has a huge domestic production which accounts for 40% of its total domestic use. China clearly has the demand and the will to import Saudi oil and for this reason, Saudi Arabia wants to establish refineries, storages, and oil processing units at Gawadar to allow for uninterrupted oil flow into western China. The flow of this oil would be through Pakistan which has longstanding friendly bilateral relations with both Saudi Arabia and China. These relations are also independent of each other, hence the relations would not be affected by overlapping national interests. China also wants to have an uninterrupted energy supply to its mainland via alternate routes, which could not be affected by the geopolitics of the seas.

Saudi Arabia also looks at Pakistan as its long-term partner and a potential market for its exports.  Pakistan has a 202 million population, 70% of which is under 35 years of age. In case, peace returns to the region, Pakistan could show exponential growth and bulge of a new vibrant and energy-hungry middle class. In addition to that, Saudi Arabia wants to have stakes in Pakistan’s economy and what better way of doing all this than to invest in an Oil City, which also happens to be geographically nearby Saudi territory. Pakistan has also been very eager for investment diversification in its economy to avoid being labeled a China-only economy. Showing to the world that’s its doors are open for any country willing to invest into Pakistan.

Convergence of interests

This incredible convergence of interests paves the way for the China Pakistan Saudi Economic Corridor to be a very constructive regional partnership.  This partnership would see three regional powers engaging in positive regional trade and connectivity projects which would eventually increase trade, trust, and dependence on each other. Pakistan and China, both have repeatedly stated that CPEC is open for all to join in and collectively reap the benefits of trade and regional connectivity.

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