Bangladesh is currently facing severe challenges due to India’s unilateral control over key transboundary rivers. The time has come to critically examine this issue, explore relevant international legal frameworks, and propose diplomatic solutions that protect our national interests.
The opening of the barrage without proper notification to Bangladesh has resulted in uncontrolled water flow, inundating vast areas of our country and leading to displacement, loss of lives, and crops, and destruction of infrastructure. This event underscores the urgent need for accountability regarding India’s water management practices.
Historically, Bangladesh has faced recurring devastation from floods and droughts, events that have often been viewed as natural disasters but are to some extent influenced by upstream interventions. The Farakka Barrage, constructed by India in 1975, exemplifies how upstream actions can have catastrophic downstream effects.
International law and accountability
The situation Bangladesh faces is not merely a bilateral issue but one that resonates with international law principles. Bangladesh has a legitimate claim to an equitable share of these transboundary waters, grounded in established international legal norms. The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997), which India has signed, lays down the foundation for the equitable and reasonable utilization of shared water resources.
Article 5 of the Convention states that watercourse states shall “utilize an international watercourse in an equitable and reasonable manner,” considering factors such as social and economic needs and the effects of the watercourse’s use on other states. Given the recent flood crisis, it is imperative for Bangladesh to remind India of its obligations under this Convention. India’s unilateral decisions without prior consultation or notification to Bangladesh is a violation of these principles.
Article 7 of the UN Watercourses Convention further emphasizes the importance of preventing significant harm. This article obliges watercourse states to cooperate in the management of shared watercourses and to provide timely notification about planned measures that may have adverse effects.
Historical context
The historical context surrounding water treaties in the region provides further insight into the complexities of the situation. The Ganges Treaty of 1996 was designed to regulate the flow of the Ganges River, but its implementation has often been problematic.
The treaty established a framework for sharing water during the dry season, but it has been criticized for its lack of effectiveness and for failing to address the changing realities of water flow due to climate change and upstream interventions. The agreement’s provisions often leave Bangladesh at a disadvantage, particularly during periods of low water flow when the country relies heavily on the river for irrigation and domestic use.
The Teesta River presents another critical challenge in the context of transboundary water management. Despite its importance for the agricultural sector in northern Bangladesh, negotiations for a formal water-sharing agreement have stalled for years, primarily due to India’s internal political considerations.
Regional cooperation
Efforts to establish effective regional cooperation in water management must also take into account international treaties and frameworks. The South Asian Association for Regional Cooperation (SAARC) has established various platforms for dialogue and cooperation on transboundary water issues. However, these initiatives have often been hindered by political tensions and lack of commitment from member states. Bangladesh must leverage these regional mechanisms to advocate for equitable water sharing.
The legal route
Bangladesh can no longer afford to remain passive. We must assert our rights and seek redress through legal and diplomatic avenues. One effective legal strategy is to bring the matter before the International Court of Justice (ICJ). Bangladesh can challenge India’s actions under the principles of customary international law and the UN Watercourses Convention, arguing that India’s unilateral control over the transboundary rivers violates our rights to equitable and reasonable utilization.
Additionally, Bangladesh should explore invoking the dispute resolution mechanisms provided under the UN Watercourses Convention. Both countries are signatories to the Convention, and utilizing its provisions for negotiation, mediation, and arbitration can provide a platform for addressing our grievances.
Engaging China and Russia
Diplomatic engagement with China and Russia is another option. These nations, as upstream riparian states to some of these rivers, have a vested interest in the management of transboundary waters. Thus, we can strengthen our position in negotiations with India and advocate for a collaborative approach to water management. China, in particular, has a vested interest in the management of the Brahmaputra River, which flows into Bangladesh. Collaborative efforts with China could lead to shared water management strategies that benefit all riparian states.
Strengthening domestic water management
While pursuing international legal avenues, Bangladesh must also focus on strengthening domestic water management capabilities. This includes investing in infrastructure for water storage and distribution, improving irrigation systems, and promoting water conservation practices.
The government should develop a comprehensive national water management plan that addresses the challenges posed by transboundary water disputes and climate change. Furthermore, civil society organizations and the media have a critical role in raising public awareness about the impacts of water mismanagement and advocating for equitable water sharing. Public awareness campaigns should emphasize that water is not just an environmental issue but a matter of sovereignty and survival.
Investing in research and development for water management technologies can provide Bangladesh with innovative solutions to mitigate the impacts of water scarcity and flooding. By adopting modern irrigation techniques, rainwater harvesting, and water-efficient agricultural practices, the country can enhance its resilience to water-related challenges.
Through a combination of legal, diplomatic, and domestic strategies, we can reclaim our rights and ensure that our communities are protected from the devastating impacts of water mismanagement.
Source: Dhaka Tribune