Pakistan must consider working on a bilateral water-sharing agreement with Afghanistan.
Leading jurist on international law Makhdoom Ali Khan stated this in a written reply to the Supreme Court. The apex court moved to appoint Mr Khan as an ‘amicus curiae’ to assist the court on water-related issues, especially the Indus Water Treaty between India and Pakistan.
He said working on a bilateral water agreement with Afghanistan could safeguard the national interest. “Afghanistan is now planning to build 12 dams, in cooperation with the World Bank and India, the flow of water from River Kabul is expected to be affected to Pakistan’s detriment. In this regard, the government must consider working on a bilateral water-sharing agreement with Afghanistan that safeguards its interest as a lower riparian state,” Makhdoom Ali added.
Chief Justice Mian Saqib Nisar said that after getting input from senior lawyers, the apex court would share a comprehensive proposal with the government for dealing with water-related issues. Makhdoom Ali Khan, possessing vast expertise of international law, submitted a report on various water issues confronting Pakistan and their possible solutions.
The senior lawyer urged the government to address the issue of building of dams on River Kabul. He also shared an overview of Australia’s water policy.
Regarding issues arising out of the Indus Water Treaty, the lawyer told the SC that the technical design and storage capacity restrictions on building of hydropower plants by India provided in the treaty ensured a sufficient flow into western rivers, but from a political point of view, it enhanced India’s capacity to use water as a weapon.
Furthermore, India was aggressively pursuing dam building on western rivers that accounted for Pakistan’s water needs.
The report suggested that Pakistan could also explore the option of taking up these issues as bilateral agenda items outside the Indus Water Treaty framework and bring India’s recent threats, statements and actions to the attention of the UN Secretary General (under Article 99 of the UN Charter) and the UNSC.
