Indus Water Treaty

Introduction:

The Partition of British India created a conflict over the plentiful waters of the Indus Basin. The newly formed states were at odds over how to share and manage a cohesive network of irrigation. Furthermore, geographically the source rivers of the Indus Basin were in India, Pakistan felt its livelihood threatened by the prospect of Indian control over the tributaries that fed water into the Pakistani Portion of the basin.
On April 01, 1948 India stopped the supply of water to Pakistan from every canal flowing from India to Pakistan. Pakistan protested and India finally agreed on an interim agreement on May 4, 1948. This agreement was not a permanent solution; therefore, Pakistan approached the World Bank in 1952 to help settle the Problem permanently. Negotiations were carried out between the two countries through the offices of the World Bank.

Treaty:

David Lilienthal, formerly the chairman of the U.S. Atomic Energy Commission visited the region to write a series of articles for “Colliers Magazine”. He was welcomed by both the governments of India and Pakistan. The State Department briefed him and hoped that he could help bridge the gap between India and United States and also gauge hostilities on the subcontinent.

During his visit, Lilienthal realized that tensions between the two countries were acute and can’t be erased by one sweeping gesture. He wrote in his journal “India and Pakistan were on the verge of war over Kashmir. There seemed to be no possibilities of negotiating this issue until tensions abated. One way to reduce hostility would be to concentrate on other important issues where cooperation was possible. Progress in these areas would promote a sense of community between the two nations, which might, in time, lead to a Kashmir settlement”. He Propose that India and Pakistan jointly work out a plan to operate the Indus Basin River System, upon which both nations were dependent for irrigation water. He suggested that World Bank might use its good offices to bring the parties to agreement, and help in the financing of an Indus Development Program. Lilienthal’s idea was well received by the officials at the World Bank and subsequently by the Indian and Pakistani governments. Eugene R. Black, then president of the World Bank told Lilienthal that his Proposal “makes good sense all round”.

Black Proposed a Working Party made up of Indian, Pakistani and World Bank engineers.

India and Pakistan were unable to agree on the technical aspects of allocation and distribution of waters. Finally, in 1954, after nearly two years of negotiation, the World Bank offered its own proposal. The Proposal offered India the three eastern tributaries of the basin and Pakistan the three western tributaries. Canals and storage dams were to be constructed to direct waters from the western rivers (Indus, Jhelum & Chenab) and replace the eastern rivers (Sutlej, Beas & Ravi) supply lost by Pakistan.

The World Bank’s Proposal was more in line with the Indian plan and this angered the Pakistani delegation. They threatened to withdraw from the Working Party and negotiations verged on collapse. But neither side could afford the dissolution of talks.

In December 1954, the two sides returned to the negotiating table. The World Bank Proposal was transformed from a “basis of settlement” to a “basis of negotiation” and the talks continued “step and go” for the next six years”.
One of the last stumbling blocks to an agreement concerned financing for the construction of Canals and storage facilities that would transfer water from the eastern Indian rivers to Pakistan.

This transfer was necessary to make up for the water Pakistan was giving up by ceding its rights to the eastern tributaries. The World Bank initially planned for India to pay for these works, but India refused. The Bank responded with a plan for external financing supplied mainly by the United States and the United Kingdom. The solution cleared the remaining stumbling blocks to agreement and the Treaty was signed by the Prime Ministers of both countries in 1960.

Vienna Convention on the Law of Treaties (VCLT)

VCLT is an international agreement that establishes rules and procedures for how treaties are drafted, defined, interpreted and amended among sovereign states. It applies to treaties between states including agreements between international organizations, states and international organizations. It provides a framework for disputes to be resolved. Every treaty is binding upon the parties to it and must be performed by them in good faith. A Party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.
Article 62 of the Vienna Convention on the “Law of Treaties” (VCLT) concerns the principle of “fundamental change of circumstances”. It allows for termination or Withdrawal from a treaty if circumstances that existed When the treaty was concluded have fundamentally changed, provided certain conditions are met. These conditions include the circumstances being essential to the consent of the Parties to be bound.

Role of World Bank

The Indus Water Treaty, brokered by the World Bank, signed in 1960, grants Pakistan control over the three Western rivers (Indus, Chenab & Jhelum), and India’s control over the three eastern rivers (Ravi, Beas & Sutlej). The treaty was signed after nine years of negotiations between the two countries.
The treaty divides the Indus River System’s Water between the two countries, with India receiving control of 30% of the total water flow and Pakistan receiving 70%.
The treaty has no expiry date and no provision for suspension. It can only be modified by mutual agreement between India and Pakistan.

By: Tahir Mehboob Gilani
Email: stahirmgilani@gmail.com