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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 PM’s Saudi affair likely to backfire

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Pakistan’s relations with Saudi Arabia flourished during the previous government headed by Nawaz Sharif, primarily due to his personal business interests in the Kingdom and friendly association with members of the Saudi royal family. Despite the criticism at home, Sharif never missed an opportunity to eulogize the Saudi rulers and support their wrongs.

During Sharif’s tenure as Prime Minister, while Pakistan’s ‘love affair’ with Riyadh blossomed, relations with Tehran plummeted. When the ambitious gas pipeline project was shelved by the Sharif government in 2015 under the Saudi pressure, some experts couldn’t resist the temptation of reading the obituary of Iran-Pakistan friendship. It seemed game over.

But the political transition in Islamabad this year rekindled hopes of a new foreign policy taking shape in Islamabad under the populist premier Imran Khan.

In his victory speech, Khan made it categorically clear that he would like to strengthen ties with allies in the Middle East, including Iran and Saudi Arabia. During his first meeting with the Iranian envoy to Islamabad, Khan reiterated his desire to bolster ties with Tehran and revive important projects that had been put on the backburner by the previous political dispensation, including the gas pipeline.

Experts termed it a “significant shift” in Pakistan’s foreign policy as his predecessor was seen overtly inclined towards stronger Pakistan-Saudi relations than Pakistan-Iran relations. Writing in The New Arab, Dr. Fazzur Rahman Siddiqui, a fellow at Indian Council of World Affairs, said with the exit of Nawaz Sharif, Saudi Arabia had lost a reliable ally who never concealed his affection for the Gulf states in general, and Saudi Arabia in particular “for both personal and strategic reasons.”

It was widely believed that Khan’s approach will be different from Sharif and he will not yield to covert pressures from Washington or Riyadh. At least that is what appeared.
When Khan embarked on his first foreign trip to Saudi Arabia, keeping alive the tradition set by his predecessors, he sought to underscore that Riyadh will remain a priority for Pakistan’s foreign policy. Pertinently, it was President Hasan Rouhani of Iran, not King Salman of Saudi Arabia, who first extended an invitation to him.

But the faith in his leadership or his vision for ‘Naya Pakistan’ (new Pakistan) was not yet dented. The massive army of his followers on Twitter ensured that the public opinion, or at least the opinion of netizens, was firmly in favor of his leadership and policies.

As the country’s fiscal deficit inflated to 6.6 percent of gross domestic product (GDP) in the 2017-2018 financial year, Khan panicked. He boarded the plane to Riyadh again, this time to seek funds. To woo the Saudi rulers, Khan said Riyadh had “always stood with Pakistan in difficult times and the Pakistani government and its people highly acknowledge it.”
Speculation had been put to rest. Khan was walking in the footsteps of his predecessor.

Following his second visit to Riyadh, Saudi regime announced $6 billion in financial support to Islamabad. It corresponded with the international outrage over the cold-blooded murder of Saudi journalist Jamal Khashoggi. Even as many world leaders boycotted a Saudi investment conference, the so-called ‘Davos in the desert’, over Khashoggi’s death, Khan attended the event.

On asked why he attended the conference when many other world leaders had turned down the invitation, Khan said Pakistan was “desperate” for Saudi loans to shore up the flailing economy.

“Unless we get loans from friendly countries or the IMF, we actually won’t have in another two or three months enough foreign exchange to service our debts or to pay for our imports. So we’re desperate at the moment,” he was quoted saying by the Middle East Eye.

Khan conceded that his immediate foreign policy priority was maintaining good relations with Saudi Arabia despite unprecedented outrage over Khashoggi’s murder by Saudi officials or the outcry over Saudi’s horrendous war crimes in Yemen.

Pakistan, which had previously maintained a neutral stance on Yemen war, might now be forced to support the Saudi onslaught there, some observers fear. If Khan can ignore a reprehensible crime like the killing of Khashoggi because of Saudi petrodollars, it can be expected that he will support the Saudi war crimes in Yemen also, although he has so far resisted doing that.

While Khan has adopted a strong and unwavering stance against the US, he seems to have succumbed to the temptation of being subservient to the Saudi Kingdom, for funds. That is where he risks losing the goodwill he has earned back in Pakistan and in the international community.

At a time when the world is saying ‘no’ to Saudi Arabia, Khan is part of a tiny minority that is going against the tide. This approach will only isolate Pakistan and it has isolated Riyadh and Washington.

Being subservient to Saudi interests also means that Khan will be forced to toe his predecessor’s line on Iran. If that happens, Islamabad will again be forced to shelve the gas pipeline project, which is being described as critical to Pakistan’s energy requirements.

Khan is walking a tightrope. Wisdom lies in taking informed decisions in the best interests of Pakistan keeping in view long-term goals. In the cricketing terminology, the cricketer-turned-prime minister could do well by playing the forward defensive shot rather than the mistimed stroke in the air.

First published in our partner MNA

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Pakistan a peace loving nation

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Muslims when meeting each other greet “Peace be upon you”. Islam is the religion of Peace and Love, Islamophobia is the creation of a few minds only. There is no doubt that there exists few criminals in every society, every religion, and every country, but such exceptions, may not be used to blame the whole nation, religion or country. Since its independence Pakistan has been promoting peace and stability around the world. Pakistan’s Peace-keeping missions have been playing important roles around the world to maintain peace in troubled areas. We are major contributor to Peace-Keeping Force and have been part of almost all of UN Peace-Missions, during the history of 7 decades. Pakistan is supportive of any efforts by any nation towards promotion or maintenance of peace.

Recently, UNGA’s Disarmament Committee adopted Pakistan’s resolutions with an overwhelming support, in New York on 9th November 2018. Three resolutions proposed by Pakistan were adopted by the UN General Assembly’s First Committee with an overwhelming support. The whole world supported Pakistan’s resolution while India was the only country to oppose them.

In fact, the resolutions highlight the importance of regional approaches to disarmament, which complement global disarmament efforts and stress the need to promote confidence building measures for enhancing regional and international peace and security. The resolution on conventional arms control was adopted by a large majority of 179 countries. India was the sole country to vote against the resolution.

Earlier, a big victory for Pakistan came, on November 1stwhen the Committee also adopted Pakistan’s resolution on assuring non-nuclear weapon states against the use or threat of use of nuclear weapons by 122 votes. The First Committee of the UN General Assembly which meets annually deals with disarmament, global challenges, and threats to peace that affect the international community and is mandated to seek solutions to global security challenges by considering all disarmament and international security matters within the scope of the UN Charter. Pakistan’s role in disarmament was admired and non-proliferation of uranium. We strongly condemn biological and chemical weapons and strictly adhere to UN decisions.

Pakistan is a responsible country and always exploring the opportunities of peace. Pakistan has always initiated the peace process with India and sincerely tried best to resolve all issues with India, including Jammu and Kashmir, by a peaceful dialogue. Pakistan respects UN, Respect UN mandate, Respect UN Charter, and wants others to do the same. It believes in diplomacy, and there is precedence that some of the more complicated issues around the world, has been resolved by diplomacy, then why not Pakistan-India issues be resolved by dialogue too.

We support the supremacy of UN and all nations must respect the UN. We always stand with the oppressed and raise voice for the victims. Our struggle for justice and righteousness is always admired. We keep on struggling for global peace and be part of any peace process around the world.

The Indian opposition to Pakistani resolution and persistent refusal to leave Kashmir has exposed the true Indian face. The recent International Amnesty report on Human Right violation in Kashmir was a big blow to India. Indian atrocities against its own minorities and lower caste Hindus is condemned widely. Indian opposition to the UN resolution on Palestine is also an example of India’s international position.

It is time that serious notice is taken by the UN, International Community and all conscious individuals to stand up for International Peace, Justice and Human Rights.  We all should keep on struggling for a better world for our next generation. We should be united for “Peace, Stability and Prosperity” for humanity globally.

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The Making of Modern Maldives: A Look at Maumoon Gayoom

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Authors: Srimal Fernando and Pooja Singh

Former Maldivian President Maumoon Gayoom occupies an important place in Maldivian political history largely because he guided this equatorial island nation to unprecedented levels of economic growth and also through tough times when democracy was challenged. Gayoom has a national as well as international reputation that made his name familiar to the rest of the South Asian countries. It was after his return from Nigeria’s Ahmadu Bello University as a lecturer, Gayoom commenced his political journey as a close aid of prime minister Ahmed Zaki in mid-70’s and later as a cabinet minister under Ibrahim Nasir. Gayoom’s leadership embarked on a more reformist approach in the first two terms during his presidency. He was able to take credit for the rise of the tourism sector and an increase in the fish productivity. In Male, as well as in the rest of the Maldivian islands, building of small fisheries harbors were accelerated under the rapid development programs initiated under his presidency. When one looks at the Maldivian foreign policy, Maumoon was credited as one of the key founders of the South Asian Association for Regional Cooperation (SAARC) in 1985. Hence, he raised global awareness on climate change on the international arena. In this context, especially the awareness on small island nations facing rise in sea water levels which affects the livelihood of the islanders was a key theme which brought international attention. On the development side, the Hulhulemale reclamation project and the upgrading of roads and other infrastructure initiatives that he implemented are highly credited for by the Maldivians. In fact, the people’s president who visits the islands regularly was named as “A Man for All Islands” by the famous author in his book about Gayoom’s biography.

Early in his administration, former president introduced socio-economic experiments in reawakening the islands. His administration accelerated the economic growth in the twenty Atolls from Northern Haa Atoll to Southern Seenu Atoll instilling a degree of optimism and enthusiasm among the Maldivians. Yet another economic achievement in the tourism sector was the increase of luxury resorts from two in 1978 to hundred by 2008. Gayoom’s career is most relevant due to his performance and for changing the country’s political system to a multi-party democratic system where the power is vested on the citizens.

Another milestone during his tenure was to expand the average income of Maldivians from US$ 377 in 1978 to US$3,654 in 2008. However, towards the end of his presidency, the first signs of irreconcilable difficulties with the Maldivian opposition led by Mohamed Nasheed, the leader of Maldivian Democratic Party (MDP) started emerging in 2000. The Maldivian pro-democracy movement started in Male in 2003 and then moved to other Islands. As a result, Maldives adopted a multi-party political system and in 2008. In the same year the presidential campaign came to a climax where in the second phase of the presidential elections, the confident president had felt a constant sense of uncertainty since most of the opposition presidential candidates supported Mohamed Nasheed, the leader of the Maldivian Democratic Party. Gayoom lost the election and Nasheed the opposition leader assumed presidency.  The courageous former president Gayoom transferred the presidential powers to the newly elected president smoothly.

In fact, the reformist former president Gayoom formed the Dhivehi Rayyithunge Party and later, he was one of the key founders of the Progressive Party of Maldives (PPM) where his half-brother, Yameen Abdul Gayoom shared powers within the party. Hence, Qasim Ibrahim, a former finance minister under Nasheed’s government and also close confidant of president Gayoom led the Jumhooree Party (JP) which combined with PPM in 2013 presidential elections.

Unfortunately, in 2012 the overthrow of president Nasheed one of New Delhi’s closest allies in South Asia shocked the diplomatic circles on both sides of Asia as well as in the west. It took more than five years for Gayoom’s PPM party under the presidency of Yameen to return to power. However, due to widespread corruption and authoritative rules under Yameen’s presidency, many of the opposition party members such as former Maldivian president Nasheed, Jumhooree Party leader Qasim Ibrahim and many other political leaders who opposed the undemocratic rule were prisoned through unlawful means.

During the darkest period of the Maldivian politics from 2017 to September 2018, the lone voice of the public opposition belonged to a few opposition leaders such as, Maumoon Abdul Gayoom, Ibrahim Mohamed Solih cannot be forgotten. In the same period, former president Gayoom, Nasheed and several opposition members created a united opposition to unseat president Yameen and his majority party rule through democratic non-violent means. One of the major reasons for this change by Gayoom in Yameen’s leadership was the widespread corruption and the authoritative rule. Finally, president Yameen prisoned former president Gayoom and his son, Faris Maumoon. This was one of the main reasons where large number of Gayoom supporters broke away from PPM led by president Yameen. This reason influenced the 23rd September 2018 presidential elections where opposition common candidate Ibrahim Solih saw a massive victory margin against president Yameen.

One could argue that, Gayoom, the president who guided Maldives to economic prosperity was the same charismatic leader who guided the South Asian Island nation towards democratic maturity. Maumoon Gayoom has been the most unpredictable political influencer in the modern political making of Maldives.

*Pooja Singh, a scholar of Masters in Diplomacy, Law, Business at Jindal School of International Affairs, India.

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