TRSNSBOUDARY WATER SHARING:
REGIONAL COOPERATRION AND EQUITABLE PROGRESS
Summary Plenary Paper
South Asia Social Forum, Dhaka 2011
A.K.M. MASU ALI
Executive Director
INCIDIN Bangladesh
The paper attempts to explore the context and status of water as a transboundary resource in
South Asia. It reveals the challenges and identifies the opportunities in promoting equitable
sharing of common water resources both with nations and across the political boundaries in South
Asia.
Water and the Transnational Perspectives in South Asia
Transnational rivers, aquifers (e.g. Indo-Bangladesh shared aquifers), transboundary glaciers,
glacier lake outburst floods, floods, dam operations, pollution and rainfall related issues constitute
transboundary water sharing agenda in South Asia. For this paper we will however keep our focus
pinned on river water sharing. Historically, the South Asian region has been perceived as having
plentiful water resources, including the magnificent Himalayan snows, a vast network of
perennial rivers, high monsoon rainfall, and rich groundwater aquifers. However, with the rapid
population growth during the last century (South Asia—Afghanistan, Bangladesh, Bhutan, India,
the Maldives, Nepal, Pakistan, and Sri Lanka support more than one-fifth of the world’s
inhabitants. According to UN statistics, the region’s population will rise by another 800 million
people by 2050) pressure on these water resources has reached alarming proportions. Water
availability per capita has decreased by almost 70 percent since 1950, and it is projected that by
2025, most of the region will be facing either physical or economic scarcity of water (when
human, institutional, and financial capital limit access to water resources even though they are
naturally available).1
Significantly, the countries of South Asia share common water resources and common water
usage patterns, and so also share common water management challenges. First among them is a
widely accepted notion that South Asia is one of the least integrated regions in the world.2 This
however, does not indicate complete void of cooperation, in fact there are some treaties between
nations in this region in relation to sharing of river-water sharing. In most cases India is a
common party to this treaties for obvious reason of being one of the most critical upspring nation
of the region. Nevertheless, these treaties are not effective in promoting regional integration.
Status of water as a fundamental human right:
The UN Committee on Economic, Social and Cultural Rights, the treaty body responsible for
monitoring and interpreting the ICESCR, has clarified that the right to water clearly falls within
the category of guarantees essential for securing an adequate standard of living, particularly since
it is one of the most fundamental conditions for survival. (General Comment No. 15: The right to
water, para. 3). It has also stated that access to water and sanitation are essential to the realization
of other realization of other rights under the ICESCR including the rights to housing and health.
1
Food and Agriculture Organization (FAO), AQUASTAT database, available at www. fao.org/nr/water/ 2.
aquastat/data/query/index.html; accessed July 20, 2007.
2
Ashok Jaitly; South Asian Perspectives on Climate Change and Water Policy, Troubled Waters; The
Henry L. Stimson Center, 2009
(General Comment No. 14: The right to the highest attainable standard of health, para. 43 (c) and
General Comment 4, The Right to Adequate Housing, para. 8 (b).3 However, in South Asia the
governments are moving towards privatization of water supply at a fast pace. 4
This process of privatization leads to marginalization of the marginalized. Experience shows that
transnational corporations, regardless of how responsibly they try to carry out their business, are
simply not designed to provide public services to all people on an equitable basis. Indeed, the
delivery of water services is based on the ‘ability to pay,’ which means that poor communities
frequently end-up without adequate services. Nor are corporations organized to conserve natural
resources like water.
In South Asia economic inequality (disparity in distribution of wealth and productive resources)
and social inequality (such as gender, ethnicity and cast-based discriminations) are in prevalence
both at individual nation’s level and at regional level. Therefore, the political economic angle
becomes relevant in describing and interpreting the conflicts over water in this region (as in most
cases in other parts of the world).
People’s Propositions on Water Equity:
Over the years the people of this region have come together and noticed that the people of South
Asia share a common history, culture, habitat, eco-system, forest, mountains, rivers and other
natural resources. People observe that although there are ways and experience of collective
stands, in recent years the nations have often taken the path of mistrust rather than cooperation
and synergy with respect to the use of these common resources. In many occasions the people of
the people of this region have unanimously reaffirmed their commitment of promotion of regional
peace and harmony to ensure effective, sustainable and equitable use of the natural and human
resource base of South Asia. In general they have urged our governments to devise appropriate
national and regional policies/treaties and institutions to ensure equitable and sustainable use,
access and share upon the common water resources; including international rivers, ocean, sea and
other open water bodies. There has been calls for national and regional commitment for ensuring
access of our people across the borders of South Asia upon safe drinking water and access to
water for production of food and pursuing livelihood without discrimination. Moreover the
governments have been urged to respect the constitutional obligations, human rights obligations
and customary rights on water.5
Numerous propositions have been tabled as way Forward in South Asia for equitable and
fair access and distribution of water both nationally and regionally. To conclude this
discussion we would leave the following thoughts and calls for all active actors of this
region:6
• Opportunities for mutual deep understanding may be created through joint use of open
water bodies among the grass root level common users. This may be used as a political
device for developing solidarity among the grass root people. At the same time it will be
very useful in developing strong position in democratic practice and accountability.
3
International Declarations and Recommendations on Water and Sanitation ; www.
Ali; AKM Masud; The water world at grassroots:Bangladesh & South Asia; INCIDIN Bangladesh, 2008
5
People’s Declaration on Rights to Land, water, forest and other Productive Natural Resources in
South Asia, Adopted in the concluding session of the “South Asian Workshop on Access to
Land, Water and Forest Resources of the Poor, Women and Indigenous Peoples” held on 29
and 30 June, 2008 in Dhaka, Bangladesh
6
Ali; AKM Masud; The water world at grassroots:Bangladesh & South Asia; INCIDIN Bangladesh, 2008
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Joint water resources at local level may create examples of joint ownership, planned
decentralization, participatory management and transparency. Local grass root people may
show the way of sustainability through their experience and efficiency.
The countries of South Asia abandon the Commercial Approach to rivers and embrace the
Ecological Approach. Eeven in implementing Ecological Approach consistent water
projects, governments of all South Asian countries followed the principle of prior informed
consultation of the local communities requiring the project authorities to demonstrate
public acceptance; that in each case various options to utilizing river water be assessed, and
only such option be adopted that has no or minimum socio-ecological harm and that is most
effective in fulfilling the developmental goals of equity, justice, energy-security, and
ensuring food, water, and shelter; that the project-affected populations in a river valley is
rehabilitated, with alternative livelihood and habitat, before undertaking any project
entailing displacement of people; AND if need be prepare to abandon any such
“development project” (even though ecologically approved) if it fails to gain approval of
the people who will be affected or if it leads to destruction of cultural or ethnic identity of
affected people.
• That the South Asian countries undertake a thorough review of the benefits and costs
(including human and environmental costs) of their already implemented Commercial
Approach inspired river intervening projects in order to determine which of these need
to be decommissioned; that in conducting such reviews repercussions beyond individual
nation states are given due consideration;
• That the governments of South Asian countries make all information regarding the
experience of the river-intervening projects available to the public so that it can participate
in the reviewing process on an equal footing; meanwhile no new initiative should be taken
to restrain/divert or store the natural flow of water. Immediate space for discussion requires
to be opened to settle and find equitable means of resolving exiting conflicts (such as over
Farakka).
Moreover, solidarity of the local people, joint initiative and sustainability of the resources
may be subject of learning for the planners. On the other hand planners may create pressure
on the basis of rights and strengthen and extend in the resources of implementation.
Development of appropriate national and regional policies/treaties and institutions to ensure
equitable and sustainable use, access and share upon the common water resources;
including international rivers, ocean, sea and other open water bodies.
No restriction or diversion of natural flow of river water and collective water sources in the
name of water management, development projects, flood control, draught control or
commercial use of water.
Unrestricted flow of water both nationally and regionally to ensure access of our people
upon safe drinking water without any discrimination based on gender, age, color, cast,
geographical location (rural, urban, hills, mountains, char and forests) and class.
We have fundamental right to water. This right can only be protected through a public sector
which treats water as a public good and essential service. The equity in decision space,
ownership and access upon water has to be ensured towards the goal to overcome the gender,
class, ethnic and urban-rural disparity that we experience at present. People’s movement at
grassroots has to be linked at national, regional and global level – in solidarity in thoughtcause-action.