Water: A Geopolitical Weapon

Mains Syllabus: GS II - India and its neighborhood- relations.

Why in the News?

After the recent Pahalgam attack, India has temporarily suspended Indus water treaty.

What are the transboundary waters of India?

• Transboundary Waters – They are the aquifers , lake and river basins shared by two or more countries.
• Transboundary waters account for 60 per cent of the world’s freshwater flows.

What is China’s capability to influence India’s water?

• Tibet Factor - China’s control over Tibet, where key rivers like the Indus and Sutlej originate.

• Indus Water Treaty - Signed in 1960 to manage shared water resources, the Indus Water Treaty lets India use the eastern rivers (Sutlej, Beas, Ravi) and Pakistan the western rivers (Indus, Jhelum, Chenab).
• China’s Capability - Technically, China has the capability to stop the water flow of these rivers since they originate in Tibet.
• Hydroelectric Plants - China has built hydroelectric plants like Senge Tsangpo and Ngari Shiquanhe near the Indus’ source, and a barrage at Zada Gorge on the Sutlej.
• In 2016, China halted the flow of the Shiyaku, a Brahmaputra tributary, for a hydroelectric project, sending a geopolitical message to India.
• These structures can control water flow, potentially reducing, stopping, or altering it.
• Dams - These dams have the potential to regulate water flow, impacting India and Pakistan, especially during dry and rainy seasons.
• After the Galwan Valley conflict in 2020, China blocked the Galwan River, an Indus tributary, causing water shortages in India.
• Water Diversion - Additionally, China could divert water for its own use, similar to its South-North Water Transfer Project, though this has not been implemented on the Indus or Sutlej rivers.
• Data Blockage - If China withholds water-flow data—as it did for the Brahmaputra in 2017—it could hinder India’s ability to predict floods or droughts, complicating water management and disaster preparedness.
• Water Bomb - In 2004, China created an artificial lake on the Parechu River, a tributary of the Sutlej, raising fears in India of a potential ‘water bomb’.

What are the limitations on China’s ability to control Indian Waters?

• Limited Source Control - Only a small percentage of the water in the Indus (10-15%) and Sutlej (20%) originates from Tibet, making it difficult to stop entirely.
• Vulnerable Himalayan Terrain - Building large dams in the earthquake-prone region of Tibet is risky, and stopping water could affect the local ecology and communities.
• International Water Laws - Stopping water flow can be considered a violation of international water laws, such as the Helsinki Rules, which could lead to global criticism of China.
• Affects downstream – Any move by China to stop Indian waters will also affect water to Pakistan and Bangladesh.
• This will create negative responses from these south east Asian countries against China.

What are the Helsinki Rules?

• Helsinki Rules – These are international guidelines for the use of waters in international drainage basins, adopted by the International Law Association (ILA) in 1966.
• Objective - The rules aim to establish a legal framework for the equitable sharing and utilization of international water resources, ensuring that all riparian states (states sharing a watercourse) can benefit from their use without causing undue harm to others.
• Core Principles - The Helsinki Rules emphasize the principle of equitable utilization and the prohibition of causing significant harm to other riparian states.
• Factors Considered - The rules outline several factors that should be considered when assessing the fairness of a water usage plan, including:
  • The social and economic needs of each state.
  • The extent of the drainage area of the river.
  • The availability of other water resources.
  • The cost of alternative means of satisfying the needs of each state
• Application - The Helsinki Rules are not a legally binding treaty but rather a set of guidelines that are widely recognized and used in international water law.

What is the UN Watercourses Convention?

• UN Watercourses Convention - Officially named, the Convention on the Law of the Non-Navigational Uses of International Watercourses, is a treaty adopted by the United Nations in 1997.
• Objective - It aims to ensure equitable and reasonable use of shared water resources, prevent harm to other riparian states, and promote sustainable management for present and future generations.
• Entry into Force - The convention entered into force on August 17, 2014, after being ratified by 35 states.
• Principles – It outlines principles for managing and conserving international water resources, including both surface water and groundwater.
• Non-Navigational Uses - The convention focuses on the use of water for purposes other than navigation, such as irrigation, domestic use, industrial use, and hydropower.
• Obligations of Watercourse States - The convention obligates states sharing an international watercourse to:
  • Utilize the watercourse in an equitable and reasonable manner.
  • Exercise due diligence to prevent significant harm to other riparian states.
  • Protect and conserve the watercourse's ecosystem.

What is the UN Water Convention?

• Water Convention – It is the Convention on the Protection and Use of Transboundary Watercourses and International Lakes adopted in Helsinki in 1992 and entered into force in 1996.
• About – It is a unique international legal instrument and intergovernmental platform to ensure the sustainable use of transboundary water resources by facilitating cooperation.
• Scope - Initially negotiated as a regional instrument for European region, it has been opened up for accession to all UN Member States in 2016.
• Objective - The Convention is a unique legally binding instrument promoting
  • The sustainable management of shared water resources
  • The implementation of the Sustainable Development Goals
  • The prevention of conflicts
  • Promotion of peace and regional integration
• Obligation of the Parties - The Water Convention requires Parties to prevent, control and reduce transboundary impact, use transboundary waters in a reasonable and equitable way and ensure their sustainable management.
• Co-operation - Parties bordering the same transboundary waters have to cooperate by entering into specific agreements and establishing joint bodies.
• As a framework agreement, the Convention does not replace bilateral and multilateral agreements for specific basins or aquifers.

India is not a party to this convention.

References

News18 | Can China Block the Flow of Indus and Sutluj?