Indus Waters Treaty an exercise in international mediation PDF
Preview Indus Waters Treaty an exercise in international mediation
INDUS WATERS TREATY INDUS WATERS TREATY An Exercise in International Mediation Niranjan D. Gulhati President Honoraire, International Commission on Irrigation and Drainage Foreword by Late Sir William Iliff former Vice-President of the World Bank ALLIED PUBLISHERS BOMBAY • CALCUTTA • NEW DELHI • MADRAS BANGALORE • LONDON • NEW YORK ALLIED PUBLISHERS PRIVATE LIMITED 15 Graham Road, Ballard Estate, Bombay 1 17 Chittaranjan Avenue, Calcutta 13 13/14 Asaf Ali Road, New Delhi 1 38-C Mount Road, Madras 6 39/1 J.C. Road, Bangalore 2 THE GULHATI TRUST PRINTED IX INDIA BY AROON PURIE AT THOMSON PRESS (INDIA) LIMITED, FARIDABAD, HARYANA, AND PUBLISHED BY R.N. SACHDEV FOR ALLIED PUBLISHERS. To Shakuntala and our children whose life styles were deeply influenced by my involvement with the Indus i •-ft CONTENTS Foreword xui Preface xvii Introduction 1 CHAPTER I In broad perspective 6 CHAPTER II The Indus basin and rivers General 18 Physical features 21 Climate 23 The Rivers 24 River flow 26 Groundwater 30 CHAPTER III Development from the Indus Rivers up to 1947 (pre-partition) Early works .. 31 Development of the desert .. 33 Inter-State rivalries and disputes .. 36 Overall quantum and pattern of development .. 39 Irrigation from other sources .. 43 Agricultural seasons and crop pattern under irrigation .. 44 Waterlogging and salinity .. 46 CHAPTER IV The Partition Two sovereign nations succeed the British Indian Empire .. 48 A new international boundary across the Indus Basin .. 51 The aftermath of partition .. 52 The Indus waters dispute .. 56 vn CHAPTER V Abortive India-Pakistan discussions Formal beginning 63 Agreement of 4th May 1948 67 New difficulties 71 Pakistan proposes adjudication by International Court 73 Implementation of the Agreement of May 1948 82 New Developments from the Indus rivers 84 A virtual stalemate 87 CHAPTER VI The World Bank lends a hand The Lilienthal proposal .. 91 Black’s initiative .. 94 The understanding of 13th March 1952 .. 98 The Working Party meets .. 103 Field trip .. Ill A fresh campaign and complaint by Pakistan .. 113 Indian and Pakistani plans ..118 Working Party reaches an impasse ..125 CHAPTER VII The Bank Proposal ..134 CHAPTER viii The Bank Proposal under fire Initial reaction of the parties 145 The Indian acceptance .. 146 Pakistan’s negative response .. 149 Bank tries to placate Pakistan .. 151 Understanding of March 1952 is declared void .. 155 India opens Bhakra Canal .. 161 Fresh attempts towards resumption of talks 165 New terms of reference .. 170 CHAPTER IX The dialogue continues Resumed negotiations—initial hurdles .. 175 Another field trip .. 180 The first agreement .. 183 Futile attempts to work out the ‘comprehensive plan’ ..187 Two more agreements on transitional arrangements ..190 qHAPTER X Adjustment to the Bank Proposal ‘The optimum plan’ ..195 Bank feels an adjustment is called for— Aide-Memoire of 21st May 1956 .. 201 Reaction of the parties .. 206 Plans on the basis of the Bank Proposal and the Aide-Memoire ..211 A virtual break-down 213 CHAPTER XI A new approach Search for ‘heads of agreement’ proves futile .. 217 Words, words and more words .. 223 Situation as at end of 1957 .. 227 CHAPTER XII The final approach Search for a new basis of settlement .. 229 Pakistan agrees to put up a plan .. 231 India sets a dead-line .. 234 The Pakistan plan .. 235 Pakistan digs in on the link canals .. 239 Another complaint by Pakistan .. 241 A convenient handle for Pakistan politicians .. 242 New thinking in India .. 243 India’s comments on Pakistan Plan—alternative Indian plan 248 Pakistan accepts Bank Proposal unconditionally .. 250 CHAPTER XIII Towards a solution The situation clarifies .. 252 Another agreement on ad hoc transitional arrangements .. 255 The basis of settlement .. 257 CHAPTER XIV Treaty making Basic considerations .. 263 The first step—heads of agreement .. 267 The first draft (of 9th December, 1959) .. 270 A beginning is made with the Annexures .. 274 Announcement of the financial plan .. 277 The second draft (of 20th April, 1960) .. 278 Agreement on Indian uses from the Western Rivers .. 286 The third draft (of 8th June 1960) ■ • 288 Transitional arrangements under the Treaty— the final hurdle •• 289 The last lap • • The Treaty is concluded • • 307 CHAPTER XV Of politics, international law and mediation The influence of politics—national and international 310 Centre-state and inter-Ministry co-ordination .. 318 Of law and legalities 320 On successful mediation ■. 330 CHAPTER XVI What the Treaty achieves The end of a bitter controversy .. 339 Ratification of the Treaty .. 346 Developments in Pakistan flowing from the Treaty .. 348 Developments in India .. 356 The Green revolution in the Indus basin .. 366 What if agreement had not been reached? .. 370 APPENDIX I The text of the Treaty .. 373 APPENDIX II Of those who toiled and strove .. 412 APPENDIX III Indus Waters—Agreement between the Govern ment of India and the Government of Pakistan on Ad-hoc Transitional Arrangements for the - period from April 1, 1959 to March 31, 1960 .. 433 APPENDIX IV ‘Another Korea in the making?’ .. 440 APPENDIX v Definitions, Units and Abbreviations .. 448 STATEMENTS Mean volumes of river flow .. 452 Seasonal variation in flow .. 452 River flow compared with canal withdrawals .. 453 Important particulars of canals, as in 1947 .. 454 Particulars of replacement-cum-develop- ment works in Pakistan .. 455
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