The complex and fraught world of water sharing

Graphic: TBS

The Egyptian civilisation was built on the banks of the Nile, the Chinese on the Hwang Ho and the Indus civilisation on the banks of the river Shidhu, all water-centric. 

The ancient, sophisticated irrigation-based agricultural societies were developed by using the water courses. Thus, water is a crucial resource that underlines the boundaries that exist between countries. Natural resources like water have an impact on conflict-cooperation dynamics.   

Though seemingly confusing, there is however, a vast difference in proprietarily rights to land or territories in contradistinction to rights in air, light or running water. Running water is and since Roman times has been considered to be res communes i.e. as being an item which by its very nature could only be used, not owned, and from their nature they were adapted to general use.
However, as Roscoe Pound, an American legal scholar, questions: "But if this is true of air and of light and of running water, men will insist upon inquiring why it is not true of land, of articles of food, of tools and implements, of capital, and even, it may be, of the luxuries upon which a truly human life depends."

The world's 261 international river basins, covering 45 percent of Earth's land surface (excluding Antarctica), are shared by more than one nation. The two largest streams in the Jordan River basin—the Jordan River and the Yarmouk River are shared by Jordan and Israel. "Our water" approach posed serious threats to the conflicting countries. 

From 1948 until 1994, the countries unilaterally strived to manage the available water to meet their own needs, as well as tried to ensure water security. Lastly, in 1994, Israel and Jordan signed a peace treaty that included a detailed agreement regarding water sharing and seasonal transfers across borders, but within the basin. Although the agreement was bilateral and the three other riparian entities—Syria, Lebanon, and the Palestinian territories were not included, considering the geo-political dynamics, it was a noteworthy achievement.

Reports of the UN projected  that by 2030, water demand in India will grow to almost 1.5 trillion cubic metres from approximately 740 billion cubic metres (2010 estimate). 

Over-extraction of groundwater is a grave concern, more or less 23 million pumps are in use across India, Bangladesh, Nepal and Pakistan. The region is facing water shortage and water remains a politically contested issue. As an upstream riparian region, India retains an advantageous position over Bangladesh,  and the same is the situation for China, who have built infrastructure to intentionally prevent water from flowing downstream.

Bangladesh and India share 54 rivers between them. Despite setting up a Joint River Commission for water management in 1972, tensions between the countries on how to share resources continue, most recently exemplified by the Teesta river issue. Till date, only one inclusive river pact has been signed by India and Bangladesh – a 1996 bilateral treaty that established a 30-year Ganges water-sharing arrangement between the two countries.

Bangladesh, a giant delta formed by the alluvial deposits of the three rivers, the Ganges, the Meghna  and the Brahmaputra, is surrounded by India on three sides. 

The two countries  are criss-crossed by over 300 rivers, 54 of which are common. Bangladesh, in fact, has 57 transboundary rivers, 54 are common with India, and the rest three with Myanmar. The Ganges, the Meghna  and the Brahmaputra  river systems consume a total catchment area of about 1.72 million sq km, through India, Bangladesh and into the Bay of Bengal. Out of this massive catchment area, just about 7 percent lies in Bangladesh.

All stakeholders know that it was over the final draft of the Teesta water sharing agreement that chief minister of Paschim Banga, Mamata Banerjee, refused to accompany Indian Prime Minister Manmohan Singh during his Bangladesh visit. "You [India] aren't giving us enough water, so I can't give you Hilsa fish right now," The Hindu, a prominent newspaper of India, quoted the Bangladesh Prime Minister Sheikh Hasina saying when the Teesta treaty was not on the table to sign.

Hydro-diplomacy between countries is now more complicated than ever. Hydro-diplomacy has three main challenges - the lack of political consensus, the lack of tactical harmonisation between countries and most importantly, the lack of unanimously agreed international legal instruments by which the contesting countries can come to the same platform to agree on water sharing. 

The most fascinating aspect of these river conflicts is that countries often have different positions in the region's wide array of upstream-downstream links. While India is downstream of China, India is upstream of Pakistan in its contentious border regions. Transnational river conflicts have only exacerbated the dire state of diplomatic and military relations between India and Pakistan. The Pakistanis, for example, bitterly resent the Baglihar Dam in India, which generates hydroelectric energy for Jammu and Kashmir. 

In the border regions, there are an estimated thirty-three hydroelectric projects under construction. For Pakistan, the Indus River, which originates in India, forms both the geological and agricultural backbone of the country, as it supplies water for fifty-four million acres of irrigated lands through the heart of the country. Fears over manipulation of the Indus River at the hands of India upstream have polarised public opinion in Pakistan.

The 54 rivers  that pass through Bangladesh and India have traditionally been the center point of  the livelihood of people of both nations. It is true there is a trust deficit between the two neighbors when it comes to water sharing, but it is only trust alone that can maximise the benefits by minimising the gap. 

Sketch: TBS

The author is an advocate, a policy analyst; he practices at the Supreme Court of  Bangladesh. He can be reached at [email protected]