Pak's Indus entreaties to the West hold little water
India, July 8 -- Pakistan's well-established public relations apparatus has launched an aggressive campaign against India's plan to optimise the Indus Waters Treaty (IWT) on the Western Rivers (Indus, Jhelum, and Chenab). Pakistan's rhetoric has grown increasingly alarmist, employing scare tactics such as describing India's actions as "weaponisation of water" and issuing dire warnings like "cutting off India's hand" if water supplies are severed. Some officials have gone even further, warning thatany interference with water flows would constitute an "act of war" with possible nuclear retaliation.
Pakistan has also sought to internationalise the treaty by bringing up the climate crisis and related issues. The arguments are designed to garner wider international sympathy, at a time when water security is a global concern. In an article in the Washington Post in January 2009, Asif Zardari, who is president now as he was then, while pleading to the US president Barack Obama to recognise Pakistan's role in the US' war on terrorismand regional stability, seized the opportunity to raise water concerns with India. "The water crisis in Pakistan is directly linked to relations with India. Resolution could prevent an environmental catastrophe in South Asia, but failure to do so could fuelthe fires of discontent that lead to extremism and terrorism."
Like it or not, Pakistan does what it does best: playing thevictim and framing the issue as a matter of international law, humanitarian rights, and downstream vulnerability.
This strategy has historical precedent. In 1952, Pakistan's foreign minister, Zafrullah Khan, brought the water-sharing between the two countries, known then as the "canal water dispute", to the attention of the UN SecurityCouncil (UNSC). He accused Indiaof acting in a "most callous" manner by repeatedly "turning off" the waters of the Indus Basin, leaving Pakistan'sagricultural lands parched and its farmers destitute. Reports suggest that members of the UNSC were visibly moved by his address.
Likewise, in 1957, the Oxford-educated Zulfikar Bhutto, as part of the delegation to the UN, caught the attention of the world when he responded to a Soviet draft resolution on the question of defining aggression. He stated clearly that "economic aggression or indirect aggression is perpetuated if lower riparian are deprived of natural rights in use of rivers.", emotively adding, "If there is any interference in the normal and assured supply of irrigation waters, my country would face the threat of total annihilation." Interestingly, Bhutto was privately opposed to the treaty though was not outspoken about it when Field Marshal Ayub Khan signed it.
Pakistan is currently so lost in its own rhetoric that it is misrepresenting the IWT by conflating treaty rights with sovereign rights and misleading the world. But this is exactly what it wants. The Indus system's rivers originate mainly in India. Pakistan's access to these waters is through the 1960 treaty and not inherent ownership. A careful read of Article II(2) suggests that the treaty is about allocating the use of waters and ".nothing in the Treaty shall be construed as effecting existing territorial rights over the waters of any of the Rivers or the beds or the banks thereof." In other words, the treaty did not create transboundary rivers owned jointly by India or Pakistan. This is an important distinction because Pakistan is presentingthe Western Rivers as though they somehow belong to it.
But also, importantly, while the treaty preserved India's territorial sovereignty over the rivers within its territory, it also created treaty-based obligations concerning their water utilisation. Fundamentally, therefore, the treaty regulates utilisation of waters with specified provisions and restrictions between two sovereign States.
The treaty, it bears recalling, rested on a fundamental assumption that technical cooperation on water-sharing would endure political differences so long as both sides observed a minimal standard of peaceful coexistence. That premise no longer holds. Pakistan cannot expect India to uphold a framework founded on mutual restraint while simultaneously pursuing cross-border terrorism as an instrument of State policy. And this is where Pakistan's diplomatic campaign starts to unravel. However persuasive its appeals to downstream rights may appear in western capitals, they are unlikely to withstand sustained scrutiny and will ultimately fall flat, lacking both legal coherence and normative credibility. For India, the logical course is to remain steadfast in its decision to keep the treaty in abeyance until the conditions that once sustained it are restored.
But India needs to communicate this more effectively by presenting a principled position grounded in both sovereignty and reciprocity. Cooperation over shared rivers is a political choice that depends upon a broader framework of stable and peaceful relations. At the same time, India should avoid an image of retribution. India must be mindful of the precedent it sets. It occupies a dual position in South Asian hydropolitics. In relation to Pakistan and Bangladesh, India is the upper riparian, but in relation to China on the Brahmaputra and the Sutlej, India is the lower riparian.
The aim is not to deprive Pakistan of water. The significance of thetreaty-in-abeyance lies not in altering river flows but in ending a policy of unilateral restraint that preventedIndia from fully exercising the rights available to it. The emphasisshould, therefore, be on optimising India's legitimate utilisation of the western rivers through storage, hydropower, flood management and irrigation within the provisions of the treaty. The Indus Waters Treaty is widely celebrated and recognised as the most durable transboundary water-sharing mechanism in the world. But it takes two to uphold it, and the responsibility does not always fall on the upper riparian....
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