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Who wields “authority” in Pakistan? Need for maintaining separation of powers

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The provincial government has decided to go to Supreme Court against Peshawar High Court’s judgment on the BRT. The court has directed the Federal Investigation Agency to probe the project. The bench, headed by Chief Justice Waqar Ahmad Seth was irked by a number of bloomers: (a) “Visionless” concentration of Asian Development Bank (ADB) loans in just one project without an in-depth feasibility study. (b) Cost increase from Rs49.453 billion in 2017 to Rs66.437 billion in 2018, of which Rs53.320 was take in the form of a loan from the ADB. (c) The “per kilometer cost of the BRT being exorbitantly high Rs2.427 billion. (d) Over-paid non-managerial staff. (e) Provision of expensive vehicles  to secretary transport, director general of the Peshawar  Development Authority (PDA) and commissioner Peshawar by consulting firm, Calsons and Maqbool, backlisted  by the Punjab government, yet taken on board for the  BRT in Peshawar. (e) Nexus between Pervez Khattak, the incumbent defense minister, the Director General, PDA, Azam Khan, principal secretary to the prime minister.

Our courts are submerged in plethora of cases with a political tinge. This trend is fatal for democracy. Let us not forget what Justice Muneer said shortly before pronouncing his verdict on Dosso case:  ‘when politics enters the portals of Justice, democracy, its cherished inmate, walks out by the backdoor’. It was a court that fixed price of sugar, bottled water and even mobile-phone service. They decided privatization issue and mining rights. Unable to oust prime minister through no-confidence, politicos got the job done by courts. 

It is time we refresh French jurist Jean Bodin’s dictum,  majesta est summa in civas ac subditoes legibusque salute potestas, that is ‘highest power over citizens and subjects unrestrained by law’(Jo.Bodini Andegavensis, De Republica Libri Sex.BkI, ch.I, p.78 (Lyon and Paris, 1686).. Bodin explained power resides with whosoever has ‘power to coerce’ (praetorians included). It does not reside with electorate, parliament, judiciary or even constitution.

Bodin did not believe in separation of powers. Yet, our Constitution is based on separation of powers. Do we want to follow Bodin and repose all powers in a single authority, maybe judiciary?

Potestas, power in Bodin’s definition  signifies auctoritas, authority, a power based upon positive law, de jure not merely de facto as potestas is used itn the Roman Lex de Imperio, or in the famous phrase of the Justinian’s Institutesin reference to it, omne suum, i.e., populi imperium et potestas’. An alternative meaning is  auctoritas,authority,  potential,  a power  de facto instead of de jure, actual might rather than lawful authority. The highest  de factor power  may be different from the one whose claims are the highest  de jure [dummy prime ministers and presidents in some countries]. In Bodin’s view there can be but one sovereign, supreme, single and undivided;. If so, the potestas is the highest in actual might­_ potentissima; with the highest authority. The sovereign is the person who is obeyed. `But we may obey one armed with the pistol as  well as one armed with a warrant” (C. H. McIlwain, Economica,No. 18 (Nov., 1926), pp. 253). What matter is authority not wisdom!

In golden word of our Constitution, `sovereignty’ belongs to Allah, Almighty’ but `authority’, subject to divine supervision is to be exercised by elected representative.

Fortunately, our judiciary is reluctant to become sovereign authority. That’s why it referred army chief’s extension case to legislature. Let us recall observations of Pakistan’s Chief Justice during the course of his opening address for the judicial year 2019-2020.

He `warned of the dangers of an accountability process which seemed to place political expediency above the dictates of law. He felt that unless this trend was checked the process of accountability would lose all credibility’. Then, `he talked about the marginalisation of political parties and the dangers this may entail for a country based on constitutional democracy’. He abhorred `growing censorship of the media and how such practices could become a threat to democracy’. He pointed out that `constitutionally guaranteed rights of citizens must never be sacrificed at the altar of short-term gains’. To move forward, the CJP suggested that `all stakeholders, politicos, judiciary, military, media, civil society, sit together and resolve the problems which, if left unattended, could lead to disaster’.

Unfortunately, the common man is listless to the tug of war between various stakeholders. Aristotle thinks a citizen indifferent to state affairs is like an animal. It is alarming. French thinker, Montesquieu, likewise said in the 18th century `the tyranny of a Prince in an oligarchy is not as dangerous to the public welfare as the apathy of a citizen in a democracy.’ A corrupt government is a gift of an indifferent electorate. Unless citizens slumber, no-one can dare make underhand money in any project.

In the Azam Swati case, our chief justice succinctly remarked that governments come and go but the state and the people remain. Irked by the chief justice’s suo moto notice, the Pakistan Tehrik-e-Insaf government’s information minister said what use was a government that could not suspend an IGP (later retracted or modified).

There is a Latin quip quis custodiet ipsos custodies?, who  will guard the guardians? The phrase epitomises Socrates’ search for guardians who can hold power to account. Power  corrupts and absolute power tends to corrupt absolutely. On-elected institutions include judiciary, civil service, police, banking institutions, and public sector undertakings. 

The malaise of governmental power manifests itself in fake accounts, billions in benami (nameless) or unclaimed accounts, loans without collateral (bad debts), and politically-influenced appointments.

Theoretically, the people hold ‘power’ to account. But the ‘people’ are an amorphous lot without a legal identity like an institution, except as ‘voter’ during elections.

Could a CJP open a tuition centre during evening  hours to teach what ‘power’, ‘government’, ‘state’ or  ‘people’ are?

Accountability of elites and mafias: William A. Welsh says, `The rise of democracy has signaled the decline of elites’ Leaders and Elites, p.1)   But, a bitter lesson of history is that demokratia (power of the people) had always been an ideal. History reminds no system, not even ochlocracy (mobocracy) could ever bulldoze governing elites. Delhi Sultanate, the Moghul, and the Englishman ruled through hand-picked elites.  The `equal citizen’ as enshrined in golden words of our constitution remained a myth.  Even American democracy is run by a handful of specialised people.  The majority of the population is a silent spectator, a `bewildered herd’ (Chomsky).

Because of their influence, many political philosophers, including Plato, Aristotle and Tacitus studied nature of societies and the elites that they popped up.  Many modern thinkers like Moska, Michel, Marx, Pareto and C Wright Mill, also tried to make head or tail of the elites. 

Demokratia (power of the people) could never equalise citizens.  However, all democracies envisioned `opportunities for political participation to larger proportions of the population’, and across-the-board accountability.  Democracy is a progressive effort to equalise citizens before law, rather than legalising elites and mafias. The dilly-dallying in passing an across-the-board accountability law is not understood. The law should provide for accountability (under Law of Tort) for negligence or neglect by professionals (judges, lawyers, teachers, media persons, and their ilk).

Granting exemptions to certain elites  amounts to converting them into sacrosanct mafias. Let there be a single omnipotent body to try all individuals and elites alike.

A peep through hlidskjalf (telescope): If god Odin peeps through his hlidskjalf to have a panoramic glance at Pakistan’s society (its ordinary and influential people and lackadaisical institutions, at dagger’s drawn), what would he notice? Inertia, incompetence, and siege mentality, all around! What solution for this psychopathology? Change of attitudes and a cooperative relationship between individuals and organisations.  Not viewing civilians as bloody ones and Khakis as dunces. But how to revamp attitudes? Draw psychological profiles of individuals and organisations. Are they `normal’? ‘Rueful child visible to naked eyes in `Pakistan founding party wala’ and `Naya Pakistan wala` chiefs.

At least the selection and training institutions should review efficacy of their Thematic Apperception Tests. This test claims to decipher underlying motives, concerns, and their inner window on social world. Why scoundrels at large like `sab she pehley Pakistan’ wala remained undetected. He hid in washroom to avoid (d)ragging (read Musharraf’s auto-biography).  Try to detect flaws in attitudes like `halo effect’, `projection’, `blame shifting’, `victim blaming’, `bullying’ and` transference’. May apply even Rorschach Ink Blot Test, Children’s Apperception Test and other tests in store.

Unless siege mentality is cured we would continue to witness `defence mechanism’ attitudes (fearful court judgments, discriminatory education and healthcare, and stratified shelter and housing). In short, fossilization of mafias (scuttling participatory democracy) in all realms of life.

Conclusion: Elected representatives (power) are under the delusion that they are superior to all unelected institutions. But the representatives should exercise their authority under Allah’s 

Authority within bounds of our constitution.

The courts are guards over brute power and authority of the guardians (government). In so doing the courts are ‘quite untouchable by the legislature or the executive in the performance of its duty’ (Harilal Kania, India’s first chief justice).The chief justice of Pakistan alone cannot be the guardsman of the constitution. Unlike Western judges, he does not have lifelong tenure. The bureaucracy, banks and accountability institutions should also preserve their autonomy tooth and nail.

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law.

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Status of Minorities in Pakistan

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In February this year, Pakistan’s prime minister, Imran Khan, posted a tweet condemning the Delhi riots and stated that anyone who targets the non-Muslim minorities in the country or their places of worship will be dealt with strictly. For all the resolute comments that Mr Khan has made for protection of minorities in Pakistan, the reality showcases a completely different scenario. The status of religious freedom is almost minimal, minorities have been unjustly prosecuted under the blasphemy laws and there have been targeted attacks on the non-Muslim citizens and defenders of human rights. This article aims to assess the condition of Minorities in the country and the unjust use of blasphemy laws as a tool of oppression. 

Forced Conversions: A chronic problem 

On October this year, Arzoo Raja, a 13-year-old Christian girl, was abducted right outside her house in Karachi. She was forcibly converted to Islam and married off to her abductor, a 44- year-old man. The police denied these claims and asserted that it had sufficient proof to prove that the girl converted and married off on her own volition. To make matters worse, the Sindh high court validated the marriage (even though the legal age is 18), and stated (based upon falsified documents) that Arzoo was old enough to make her own decisions. This case isn’t a one off and there have been multiple instances in the past where underage girls from minority religions have been abducted and forcefully married off after conversion. A few months ago, a Hindu teenage girl, Simran Kumari was abducted from Ghotki in Sindh and converted to Islam. She was also married off to her abductor and her parents were stopped from visiting because of them being ‘Kafirs’ . Mirpur Khas, Sanghar, and Ghotki are some of the districts that have had the highest number of such incidents and all of them come under the province of Sindh. These incidents are more than just ordinary cases of forced conversion, they are a reflection of deeper issues rooted in economic, social and cultural status of the minority communities. 

Most of the minority communities have been traditionally engaged in jobs associated with low income such as daily wage labour and any scope of upward economic mobility is limited. Amar Guriro, a senior journalist states that many Hindu and Christian women convert due to their poor financial condition, and that Muslim men easily lure these women on the pretext of providing better financial and living conditions . But investigations in the past have revealed that economic hardship might be a factor in these incidents but it isn’t the only factor, and in most cases, the women yield to their abductors due to fear of their lives. There have been cases where after a woman is abducted from a village, large groups of Muslim men drive around the village with loudspeakers in their cars shouting “the victory of Islam”. The main reason behind this is to instil a psychological fear and ensure that the minority communities do not take legal recourse. It’s unfortunate that even if the victim’s family were to lodge a First Information Report, it would make no difference. The police, political representatives and the judiciary are usually in cahoots, and any form of protest would be at the cost of endangering their own lives. This is clearly seen in majority of the cases where the victim is usually below 18 years of age, even though as per a recent amendment to the penal code, the legal age of marriage for girls is 18 years. The police play a huge part in providing forged documents as proof to the judges who readily accept it without questioning the legitimacy and let the accused go scot free. 

Blasphemy Laws 

The blasphemy laws in Pakistan pose another set of problems for the minorities, and are one of the strictest in the Islamic world. They were inherited from the former colonial rulers back when Pakistan was a part of India and a British colony. During the reign of the military government headed by General Zia-ul-Haq, few other clauses were added to these laws which criminalised certain acts such as insulting Islam’s Prophet, speaking against the holy Quran or using derogatory language against important religious scholars. According to the data given by National Commission for Justice and Peace, there were a total of 1540 blasphemy cases which came up till 2018 and out of those 1540 cases about 50% cases had a non Muslim as the accused even when they constituted very small share of the total population . The Ahmadiyya’s, a Muslim minority, are the worst affected by these laws. The Ahmadiyya community is a sect of Islam which has its roots in India and was founded by Mirza Ghulam Ahmad. Unfortunately, the Ahmadiyya community faces a lot discrimination world over and is generally regarded as non-Muslim in most of the Islamic countries. According to the second amendment in Pakistan’s constitution, the Ahmadis are considered as non-Muslims in the Islamic Republic of Pakistan. The Ahmadis have had repeated allegations of blasphemy against them due to the fact that their religious beliefs contradict the verses in the Quran and are therefore equal to speaking against it. This is completely ironical to the fact that Pakistan’s constitution clearly states that each and every single religious community has the right to profess, propagate and practise their religion. For the other minority religions, the blasphemy laws act as a means of seeking revenge or showing dominance for the majority Sunni Muslims. In May 2019, Ramesh Kumar Malhi, a Hindu veterinary doctor, was accused of wrapping medicines in the pages containing verses of Quran because of which his clinic and a few other shops belonging to the Hindu community were burned down . Similarly, in 2018, a 25-year-old Christian man was accused of sending blasphemous texts because of which Muslim mobs raided the houses of Christians living in the area and threatened to set their houses on fire. In both the incidents, the police filed no cases against the offending mobs. In most of the cases, it is important to note that the reason for charging someone with blasphemy is usually due some other personal conflict entirely unrelated to the charge of blasphemy and is usually used as a means to extract revenge. 

These blasphemy laws represent the sorry state of freedom of speech in the country. The idea that anything with regards to religion is sacred and cannot be contested leads to the formation of dogmatic opinions. While it is understandable that the blasphemy laws only apply to statements meant to defame a religion, but since these laws come under the purview of the Federal Shariat Court to determine what is Islamic or un-Islamic, even well-intentioned constructive criticism is considered blasphemous. John Stuart Mill, one of the most influential thinkers of classical liberalism, in his book ‘On Liberty’ talks about the role of freedom of speech and expression. He says “If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.”. The reasoning behind this is to show how important it is to allow divergent views to be spoken about clearly, and even if there is disagreement about the truthfulness of a particular view or opinion, there’s always a possibility that it might contain a certain element of truth. The inability of a country to tolerate divergent views is representative of its insecurity towards criticism and change. This eventually leads to its downfall as even the most common and rational arguments are sometimes suppressed. 

Subpar Standard of Living

While the cases above represent some of the worst atrocities against minorities in Pakistan, their everyday lives don’t provide a very bright picture either. There has been discrimination in the past with regards to employment, such that sanitation work or daily wage labour work was restricted to non-Muslims only. Even with regards to education, there have been reports where the students from the minority religions have faced religious slurs or have been plainly discriminated by the teachers. Some of the textbooks portray the minorities in a negative light and completely negate their existence when recounting the history of the country, this reinforces an anti-minority mindset within the young adults and prevents the minorities from enrolling in educational institutions which restricts their social and economic upward mobility. In general, at least in the rural areas, non-Muslims have faced violence and many have lost their lives too. There have been numerous cases where houses of Hindus and Christians have been burnt down, their men, women and children killed or forced to leave the village. Temples and Churches have been destroyed in many areas, such that only a handful remain. A survey by the Pakistan All Hindu Rights Movement showed that out of a total of 428 temples that were present in the country during independence only 20 remain today. 

While the government of Pakistan refuses to do anything, human rights lawyers and non governmental organisations present a ray of hope. In the past, journalists, activists and human rights lawyers have actively taken up cases of forced conversion, religious violence and misgovernance. This has made justice an achievable reality, even if it is only for a handful of cases. But the downside to this is that by saving the lives of others, the activists and lawyers have put their own lives at risk. There have been many instances where activists and journalists have received threats and backlash from religious extremists, some have even lost their lives. On 5thJune a journalist who had been criticising the government and the military was abducted in Lahore and detained without any proper warrant . Similarly, a co founder of an NGO working for the rights of young women was randomly detained and put on an exit control list, restricting her ability to travel overseas. 

Missed Opportunity 

Imran Khan’s inability to take firm action against the oppression of minorities in Pakistan is an indication of their worsening condition in the country. His ostrich approach makes him preach about the inexistent tolerance that Pakistan has for non-Muslims on various

International forums. It would be wise for him to first start taking constructive steps to improve the situation in his own country before concerning himself with the issues of his next-door neighbour. The tough balancing act that Mr Khan has tried to play between supporting a tolerant Pakistan and the Islamic clerics at the same time has clearly failed. Zahid Hussain, an analyst and author states that Imran Khan, right from the time that he came to power, did want a tolerant Pakistan, but not at the cost of losing support of certain extremist elements. The problem is, instead of carefully balancing the two, he empowered the extremists, nullifying any bit of chance there was for improving the condition of minorities. 

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Theorizing The teesta River Water Dispute

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Teesta River originates in the Himalayas and flows through the states of Sikkim and West  Bengal to merge with Jamuna in Bangladesh (Brahmaputra in Assam). The river drains nearly  95 per cent of the state of Sikkim. It covers 3,225 square kilometres across the districts of  Darjeeling and Jalpaiguri in West Bengal before entering into Bangladesh. It is the fourth  longest transboundary river of Bangladesh that flows down from India.

In Bangladesh, Teesta River covers 9,667 square kilometres with an estimated population of  9.15 million as in 2011.1 According to the estimates provided by the Bangladesh Bureau of  Statistics 2012, 21 million people are directly or indirectly dependent upon the river water for  their livelihoods in Bangladesh. It covers nearly 14 per cent out of the total area under  cultivation in Bangladesh.

This river has been a point of contention between India and Bangladesh since 1950s and 1960s  when India and former East Pakistan began discussing proposed projects on the river.  Immediately after the creation of Bangladesh in 1971, the Indo-Bangladesh Joint River  Commission was set up to carry forward the talks over the sharing of river waters in 1972.

The Teesta barrage, hydropower projects and dam constructions over Teesta in India has led  to a disturbance in the flow of river water downstream, i.e., in Bangladesh. Though the  hydropower projects and dam constructions are also being carried by the Bangladesh government on its side of the river.

Bangladesh, that gets lesser share than that of India of the Teesta River water, claims for an  equitable share which is unacceptable to the state of West Bengal. Negotiations over the same  have been going on since 1983. The matter is still over the table with an unresolved dispute.

The Dispute

A significant amount of Teesta’s water flows only during wet season i.e., between June and  September, leaving scant flow during the dry season i.e., October to April/May which paves  way to the issue of equitable sharing during lean season. The 50-50 allocation of the river water  could have been agreed to but it was opposed by the Chief Minister of West Bengal, Mamta  Banerjee, who claims that it would be unfair to West Bengal since it would adversely impact  the water-flow available in the state.

The stakeholders here are not just the Indian state and the Bangladesh government but since  water is a state subject, the Indian state of West Bengal is a large party to the matter whereas  Sikkim has highly been ignored (which is also a point of highlight for the critics).

Bangladesh claims that an equal water sharing is essential for them since their basin dependence is higher than that of India’s and also, that the downstream nature of Bangladesh  makes them vulnerable since any construction by India affects the water flow available to them.  Apart from the farmers getting adversely affected, the inadequate flow of water has also created  siltation. Thus, these are reasons enough to get India’s attention towards this issue.

However, West Bengal’s concerns can also not be ignored which states that Teesta has dried  up due to which an acute drinking water problem has been caused apart from another issue  which states less availability of water for irrigation needs.

In 1983, an ad hoc arrangement was made between India and Bangladesh wherein both agreed  to share 75 per cent of river water with India using 39 per cent and Bangladesh 36 per cent.  The remaining 25 per cent was to be distributed after some further studies. In 1997, a Joint  Committee of Experts was formed to examine the matter. It took until 2004 for a Joint  Technical Group to be formed which drafted an interim agreement for the sharing of the river water during the lean season. However, in 2005, the JTG admitted its inability to come up with  a solution.

In 2005 itself, the Joint River Commission stated that the river will not be able to meet the  needs of both the countries during the lean seasons, hence, any agreement that is made will  have to be based upon shared sacrifices. In 2010, the two countries agreed to resolve the matter  expeditiously and drafted some principles for the sharing of river water during the lean season.

In 2011, the agreement was to be signed during the visit of the then Prime Minister of India,  Dr. Manmohan Singh, to Dhaka, Bangladesh. However, it fell through when the Chief Minister  of West Bengal, Mamta Banerjee protested against the proposed allocation of 50 per cent of  the river’s water to Bangladesh.

Since then there have been bilateral discussions on the dispute between the two countries but  they have been unable to reach upon a mutually agreed agreement. Something that has been  continued to be a major sore point within the bilateral relations of India and Bangladesh!

Main Problem

Teesta barrage, whose construction started in the late 1970s, is the largest irrigation project of  the entire eastern region. It aims at utilizing the potential of Teesta River in hydropower  generation, irrigation, navigation, and flood moderation. India, being the upper riparian  country, controls the flow of the river water into Bangladesh from the Teesta barrage. Even  Bangladesh has constructed a barrage downstream that provides water for agriculture and  irrigation to the drought prone areas of northern Bangladesh.

Bangladesh argues that the construction of Teesta barrage has drastically reduced the  availability of water downstream, especially, in the dry season. On the other hand, it’s not just  Bangladesh that is facing such issues, India is facing such issues as well. A reduced availability  of groundwater due to underground tunnelling has been witnessed which has impacted agricultural productions and livelihoods in the region. The drying up of natural springs and  local water resources, the matter which also needs to be addressed, has resulted in growing  scarcity of drinking water. An increasing number of landslides have also been witnessed in the  mountainous regions of Sikkim.

Development of hydropower projects and the construction of dams are majorly held  responsible for all such issues. It has been a growing concern in India and something that the  environmentalists, scientist, social activists have all cautioned against. Changes in the river,  which have largely been due to the dams being constructed on the Teesta are being witnessed,  including frequent changes in the course of the river, delta formation, high rates of siltation,  increased erosion, and siltation of agricultural land in the areas surrounded by the river.

Availability of water for irrigation is a key issue, particularly for West Bengal, as highlighted  by local communities. It is estimated that the availability of water for irrigation be reduced due  to the series of proposed dams since every hydropower project is estimated to absorb at least 5  per cent of the river’s running water.

Similar is the situation with Bangladesh as well where farmers are being forced to rely on tube  wells to pump underground water which has resulted in increased cost of production and also,  reduced areas under cultivation. In many areas, increased siltation of riverbed has caused  widening of the river which has resulted in bank erosion and flooding. 

The Perspective Of Institutional Economics

The dispute is still hanging somewhere unable to find itself a reasonable solution. It is not just  about the point of contention regarding the sharing of water, that how much water should India  consume or how much of it should Bangladesh take away from the river, but it is also about  the environmental concerns and the way it is impacting the humans. Maybe, if India takes up  the discussions regarding sharing of some of the benefits that it would gain from its hydropower  projects, it could happen that the dispute might be solved, but that would not solve the  environmental concerns altogether.

Environmental economics, a strand of economics, offers one such solution which talks about  using a price signal in waiving off a particular dispute. But in order to do that, you need to own  that particular resource which is not possible in the case of a river. The market, thus, cannot  allocate the resource using a price signal since there are no specified property rights, therefore,  none of the state can boast of ownership. The lack of property rights disables either of the state  to be able to sell it or rather, in this matter, be able to negotiate a settlement using a ‘price’  signal on the basis of cost-benefit analysis. Similarly, one state cannot also exclude the other  state from using the river water since it’s a common environmental resource for both the states.

This indicates towards the presence of externalities that happens when there are lack of  property rights and people utilize their utility not considering what additional/negative utility  others may get from it. In such a problem, institutional economics, another branch of  economics, has some solution to offer. Elinor Ostrom, an American political economist talks  about common pool resources that people have managed successfully for generations. She says  that these resources should be managed in communities where people can collectively come  and decide and set up some rules that should match the local conditions since different regions  have different ecosystems.

Here, in the context of the Teesta River dispute, the major thing that is missing is the ‘people’  and their participation in forming a consensus over the usage of river water. The local  communities are the major stakeholders of the river water and it is them who are being majorly  effected but they have been kept away and everything has just boiled down to politics and the bilateral equations between the two states. This leads us to understand the issue from the lenses  of political ecology.

Political Ecology And Its Links With The Dispute

Political ecology is that branch of geography that emerges from ‘critical geography’ and makes  this basic point that physical environment in which we live in is not just natural but is  characterized by a constant human intervention making it a ‘built’ environment. And since we  live in such environment which is partly and very deeply influenced by human beings  themselves, social and human processes should be right at the centre of our analysis.

Political ecology fundamentally connects questions of environment with questions of political  processes and political power, something that is clearly visible in the dispute in discussion. It  also draws insights from political economy, particularly, Marxian political economy to draw  this connection between environmental issues, political power, and political and social  processes.

David Harvey, one of the renowned scholars of political ecology, talks about the phenomenon  of ‘Accumulation by Dispossession.’ This phenomenon talks about the existing social relations  between the capitalist class and the farmers/working class. This talks about how the farmers  are being left with no other option than to lose their lands and become a victim at the hands of  the industrial development.

Here, in the context of Teesta River dispute, something similar is happening. On one hand,  while the government and a section of civil society is happy with the expected benefits of the  hydropower project like employment, energy sufficiency, new revenues, on the other hand,  local communities, environmentalists, scientists, and activists are concerned about social,  cultural, and environmental aspects of these projects. More such projects are proposed, more the economic and industrial development but only at the cost of environmental development  and also, at the cost of the livelihoods of the local communities!

Conclusion

The politics of the two countries, their asymmetric relations, and their urge to economic and  industrial development has costed the local communities their livelihoods. For the authorities  concerned, it’s about their political ego, their incapability of meeting the local needs through  the existing water share, but holistically, this matter is not just about that. Undoubtedly, it  continues to be dominated by political procedures but what matters the most are the local  communities who are suffering on both the sides of the borders. It is these people who are  losing their livelihoods, lands, and the allied opportunities but have been kept away from the  major procedure of decision making. The sufferers are none but the environment itself whose  course is being decided by the humans and also, the humans – but only the ones that are  dependent upon the same environment for their livelihood opportunities. Rest that remains is  the politics!

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As Sri Lanka struggles with Chinese debt-trap, Maldives moves closer to the Quad

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The Indian Ocean’s geopolitical currents have witnessed drastic transformation this year, particularly in the past three months, with India shedding the exclusive right of its sphere of influence over the Indian Ocean, by allowing the United States in its own backyard. Washington and New Delhi seems to have entered into what few analysts call a ‘soft alliance’.

Sri Lanka and Maldives are strategically located in the northern section of the Indian Ocean, and have long been historically, culturally, and geopolitically under India’s sphere of influence. But, things are beginning to change as Chinese debt-trap looms over these islands.

The Quad grouping, consisting of India, Japan, the United States and Australia, has demonstrated its collective military might in the maritime sphere of India with the recently concluded annual Malabar naval exercise. It also led to the emergence of new dynamics of cooperation in previously reticent areas, built upon confidence in each other’s abilities and consciousness of where it stands in the newly unravelling geopolitical equation.

India’s new strategic comfort with bringing in partners from the Quad partners lying external to the Indian Ocean Region, namely the US and Japan into its long-held exclusive sphere of influence signals a tilt in strategic imperatives for New Delhi in favour of the US that too in an evolving cold war-like situation involving Washington and Beijing with different set of countries rallying behind each side.

India has recently welcomed the US-Maldives Defense Cooperation Agreement signed in September, this year. The following month saw US Secretary of State Mike Pompeo’s visit to Male where he announced Washington’s intent to open an embassy soon.

Less than three months after the defence pact with Washington, Male signed a new agreement with Tokyo this month, for availing a Japanese grant of $7.6 million to strengthen the archipelago’s Coast Guard capacities, in a second major pact with a Quad member.

New Delhi’s newfound willingness to work with external actors in the Indian Ocean is a sign of strategic comfort stemming out from realist foreign policy considerations to expand its circle of friends and coalition partners in its own backyard against a common and more powerful adversary, Beijing, with which it also have decades-long tensions in the Himalayan frontiers.

Even though both these two countries succumbed to disproportionately superior Chinese economic might since the past one decade, it seems Maldives has somehow managed to come out of its dangerous level of dependency on China since Ibrahim Mohammed Solih of the Maldivian Democratic Party assumed presidency of the island nation two years back in November 2018.

The Sri Lankan economy went into a tailspin since the civil war ended in 2009. The country’s exchequer was badly in need of financial support to sustain itself. It was also the time when Beijing just began to project its military and economic power in its neighbourhood and beyond as the flamboyant 2008 Beijing Olympics concluded.

The island of Sri Lanka soon acquired new geoeconomic significance when President Xi Jinping launched the most ambitious infrastructure project of this century in 2013, the Belt and Road Infrastructure, connecting three continents with the Indian Ocean as its epicenter of vitality.

With BRI, a tangled web of debt-trap rapidly began to loom over Sri Lanka as Beijing pumped-in investments into the war-battered island with malicious intentions.

The story of handover of Hambantota port, strategically located in the southern tip of Sri Lankan coast, to China for a 99-year lease in 2017, and the Colombo Port City project being built with Chinese assistance are just examples of how economic leverage gained geopolitically advantageous positions for Beijing overlooking the Indian Ocean. These assets are going to play a significant role in the connectivity of BRI’s ‘Maritime Silk Road’ aspect.

Chinese-led projects are built and managed by Chinese workers themselves as they do in any other part of the world, naturally bringing presence of Chinese personnel to the areas where it operates.

The BRI, however, enhances Sri Lanka’s significance in what theorists call the String of Pearls, wherein Beijing attempts to encircle India by a series of ports and maritime installations under its control in the Indian Ocean such as the overseas military base in Djibouti, Gwadar in Pakistan, and the ports in Bay of Bengal under Chinese influence hosted by either Bangladesh or Myanmar. Chinese submarine presence is also a new reality, particularly in areas surrounding the Malacca Straits.

All these factors naturally brought New Delhi closer to Washington to formulate a ‘collective strategy’ against the expansionist tendencies manifested by Chinese behaviour. At the same time, India has been taking proactive steps in its individual capacity to boost ties with other island and littoral states in the Indian Ocean Region (IOR), like Mauritius and Seychelles where India’s listening posts to monitor sea-lanes also operate.

The Indian Navy has always been the first responder to any HADR (Humanitarian Assistance and Disaster Relief) situations in the IOR which earned significant soft power and respect for India in the countries of the region. This vision has been immortalized in India’s maritime doctrine for regional cooperation in the Indian Ocean, SAGAR (Security and Growth for all in the Region), that was unveiled in 2015.

With the entry of the US, which already has its presence in the British Indian Ocean Territory of Diego Garcia lying mid-way of the ocean, that too with India’s approval, and France in Reunion in the western Indian Ocean, the geostrategic picture of IOR is beginning to change.

Maldives stands as a good example of how to overcome Chinese dominating agenda by boosting cooperation among democracies. But, the Abdullah Yameen-era nightmare of Chinese debt burden is still far from over. In fact, Sri Lanka too is well aware of the Chinese trap from which it yearns to decouple itself. But, Colombo is left with limited options or alternatives to do so.

The renewed Indo-US strategic cooperation, if not translated into offering a viable solution to the debt-trap conundrum, Sri Lanka might irreversibly evolve into another extension of Beijing’s legs in the Indian Ocean threatening the sovereignty of democracies in the region.

Recent steps in the strategic realm are welcome, but the Indo-Pacific democracies, particularly India and the US, should cooperate with these two key island states more in the economic realm as well, if possible near to the extent of Beijing as a collective move.

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