1. Ainun Nishat
Ph.D.
Vice Chancellor, BRAC University
Presentation at IWFM
A
August 21, 2013

2. Ganges Basin, Brahmaputra Basin & Meghna Basin
Presentation at IWFM
A
2
August 21, 2013

3. Common
Rivers
Presentation at IWFM
A
3
August 21, 2013

4. When discussions/ negoiations started?
• Discussions over the Ganges and the Teesta
started in early 50s.
• Discussions over Dharl, Dudhkumar, Monu,
Muhuri, Khowai, and Gimtai were taken up
in in mid-eighties.
• When did the negotiations over the
Brahmaputra start
Presentation at IWFM
A
4
August 21, 2013

5. Emergence of concern over the Ganges
• The problem of distribution of waters of the Indus between
Pakistan (west wing) and India cropped up in 1948 and it
was resolved in 1962 through signing of a Treaty. There
was no serious attempt to work out issues related to
management of water resources of trans-boundary rivers
of the then East Pakistan.
• Plans to divert the flow of the Ganges/ Ganga for the stated
objectives of saving the Port of Calcutta were made in mid
forties;
• Negotiations started between the two governments in 1951;
documents on demand and availability were exchanged.
India had assured that sharing arrangements will be
finalized before diversion starts. This assurance was
repeated many times till 1975.
Presentation at IWFM
A
5
August 21, 2013

6. Emergence of concern over the Ganges
• The problem of distribution of waters of the Indus between
Pakistan (west wing) and India cropped up in 1948 and it
was resolved in 1962 through signing of a Treaty. There
was no serious attempt to work out issues related to
management of water resources of trans-boundary rivers
of the then East Pakistan.
• Plans to divert the flow of the Ganges/ Ganga for the stated
objectives of saving the Port of Calcutta were made in mid
forties;
• Negotiations started between the two governments in 1951;
documents on demand and availability were exchanged.
India had assured that sharing arrangements will be
finalized before diversion starts. This assurance was
repeated many times till 1975.
Presentation at IWFM
A
6
August 21, 2013

7. Emergence of concern over the Ganges
• The problem of distribution of waters of the Indus between
Pakistan (west wing) and India cropped up in 1948 and it
was resolved in 1962 through signing of a Treaty. There
was no serious attempt to work out issues related to
management of water resources of trans-boundary rivers
of the then East Pakistan.
• Plans to divert the flow of the Ganges/ Ganga for the stated
objectives of saving the Port of Calcutta were made in mid
forties;
• Negotiations started between the two governments in 1951;
documents on demand and availability were exchanged.
India had assured that sharing arrangements will be
finalized before diversion starts. This assurance was
repeated many times till 1975.
Presentation at IWFM
A
7
August 21, 2013

8. Emergence of concern over the Teesta
• Plans for construction of a barrage on the Teesta/ Tista for
supplementary irrigation in vast tract of land, in areas now in
Bangladesh, was also made in mid forties;
• Concerns about diversion of the Teesta was first expressed in
1952; a separate Teesta Committee was set up; negotiations
continues; [a solution was in sight in September 2011];
assessment of demand and availability of water remains
contentious issues;
• Both India and Bangladesh took up construction of their
respective projects at Dalia and Gajoldoba. Concerns have
been expressed about design standards and delineation of
command areas. Availability of flow is very small compared to
demands of respective countries in the dry months. Proposal
for augmentation was made by Bangladesh.
Presentation at IWFM
A
8
August 21, 2013

9. Brief history of negotiations
• Operation of the Farakka barrage started in
1975; there was not any formal agreement.
• In November 1977, an Agreement was signed
valid for 5 years. It had three major component:
formula for sharing of flow with a guarantee
clause, development of proposals for
‘augmentation’, and procedure for extension of
the Agreement. A Side Letter stated that
Bangladesh may propose reservoirs in Nepal.
Presentation at IWFM
A
9
August 21, 2013

10. Brief history of negotiations (contd…)
• Mechanism for sharing of the flows, at Farraka was
instituted under supervision of a Joint Committee with
joint monitoring by professional from the two sides.
• Bangladesh pursued their proposal for storing the
monsoon flows through a series of ‘dams and
reservoirs’ in Nepal. Nepal Committee was formed.
India stuck to their stated policy of bilateralism.
• India pursued their proposal to transfer waters of the
Brahmaputra to the Ganges through a link canal which
Bangladesh did not accept. This is the entry of the
Brahmaputra.
10
• There was no progress on ‘augmentation’;
Presentation at IWFM
August 21, 2013
A

11. Brief history of negotiations (contd…)
• A Memorandum of Understanding (MoU) was
signed in Nov. 1983, valid for a period of 18
months. Contained three elements similar to
1977 Agreement; but for augmentation, the
proposal that was feasible was to be pursued.
Guarantee Clause was dropped; replaced by
‘burden sharing concept’.
• Sharing arrangement was operational in 1984
and 1985. But no agreement on augmentation
could be reached.
Presentation at IWFM
A
11
August 21, 2013

12. Brief history of negotiations (contd…)
• Another MOU signed in 1985, valid for 3 years; three
parts, sharing of the Ganges, augmentation of Ganges
flow, and sharing of all common rivers.
• An approach was made by two teams of India and
Bangladesh, to Nepal, with a simultaneous and
concurrent approach for information and data; a joint
approach was not acceptable to India. The approach
did not produce any results.
• No formal agreement for distribution was in place
between 1988 and 1996.
• Intense negotiations continued. Many non-papers
were produced.
Presentation at IWFM
A
August 21, 2013

13. Brief history of negotiations (contd…)
• India responded positively for collaboration
for flood management in 1989 after the
floods of 1987 and 1988 flood.
• Negotiations on six other common rivers,
namely the Dharla, the Dudhkumar, the
Monu, the Khowai, the Gumati and the
Muhuri were initiated in 1983 and still
going on.
Presentation at IWFM
A
13
August 21, 2013

14. Brief history of negotiations (contd…)
• A Treaty was signed in December, 1996
with a validity of 30 years with
provision for review after 5 years.
• The Treaty has three parts,
– sharing of the Ganges,
– augmentation of flows of the Ganges, and
– sharing of all common rivers.
• No linkage between the three elements.
Presentation at IWFM
A
14
August 21, 2013

15. Brief history of negotiations (contd…)
• The Treaty stipulates that flow arriving at Farakka is
to be shared equally when the flow is below 70,000 cfs;
when flow is more than 75, 000 cfs, India will get
40,000 cfs (maximum capacity of the feeder canal) .
• The Treaty contained a clause that India will ‘protect
the flows at Farakka’; this provision offers a
mechanism to bring back the benefits of the guarantee
clause for Bangladesh.
• Provision for guaranteed flows of 35,000 cfs for
alternate 3 ten-day periods, in March and April, for
each country. Expected minimum flow for Bangladesh
is 27,620 cfs.
Presentation at IWFM
A
15
August 21, 2013

16. Brief history of negotiations (contd…)
• A Joint Committee is supervising the sharing
arrangements was set up; professionals
drawn from both sides jointly monitor release
of water at Farakka.
• India supported Bangladesh’s plan to develop
Ganges Barrage required for proper
utilization of their share.
• No progress towards augmentation of the
flows of the Ganges.
• Some progress with respect to other rivers.
Presentation at IWFM
A
16
August 21, 2013

17. Institutional Mechanism
Presentation at IWFM
A
17
August 21, 2013

18. Setting up of the Joint Rivers Commission
• The Indo-Bangladesh Joint Rivers Commission (JRC) was
set up on March 19, 1972 by a decision of the Prime
Ministers of the two countries. The statutes was finalized in
November 24, 1972.
• Preamble stated JRC is set up being “ desirous of working
together in harnessing the rivers common to both the
countries for the benefit of the people of the two countries”.
• Proposal for joint development of the Barak/Meghna for
controlling flood in Cachar in India and adjoining areas in
Bangladesh was one of the proposals that were taken up for
further assessment.
Presentation at IWFM
A
August 21, 2013

19. Functions of the Indo-Bangladesh Joint rivers Commission
(i) The Commission shall have the following functions, in particular:
(a) to maintain liaison between the participating countries in order to ensure the
most effective joint efforts in maximising the benefits from common river
systems to both the countries,
(b) to formulate flood control works and to recommend implementation of joint
projects,
(c) to formulate detailed proposals on advance flood warnings, flood forecasting
and cyclone warnings,
(d) to study flood control and irrigation projects so that the water resources of
the region can be utilized on an equitable basis for the mutual benefit of the
peoples of the two countries, and
(e) to formulate proposals for carrying out coordinated research on problem of
flood control affecting both the countries.
(ii) The Commission shall also perform such other functions as the two
Governments may, by mutual agreement, direct it to do.
Presentation at IWFM
A
19
August 21, 2013

20. The Joint Rivers Commission
• Each country to have a Chairman and three
members, two of them will be engineers.
• Initial focus of the negotiation process carried out
in JRC was on “flood control” and “joint
development of common resources”.
• Augmentation became an official issue in May 1974;
JRC was mandated to come out with proposals for
augmentation of the flows of the Ganges. Soon the
JRC became the platform for negotiations.
• Is the institutional mechanism effective? It is
high time that it is reviewed.
Presentation at IWFM
A
August 21, 2013

21. Elements
of an Institutional Framework
for development and
Management of Transboundary Water Resources
Presentation at IWFM
A
21
August 21, 2013

22. Basic considerations
• Nature of the Institutions and their Terms of Reference
are very important right from beginning;
• Two mechanisms/ institutions will be necessary : for
Professional/ Technical aspects and for Political aspects;
• The Professional/ Technical body must be able to
recommend options, to the Political body, for
maximizing benefits from the common resources,
independent of political position of the co-riparians;
Presentation at IWFM
A
22
August 21, 2013

23. Basic considerations……
• Co-riparians should move away from the
current approach of sharing the flow available
at the border;
• Development of ‘basin-wise’ and ‘ basinwide’ water management plans/ options/
scenarios should be the goal of the
professional/ technical units;
Presentation at IWFM
A
23
August 21, 2013

24. Basic considerations…….
• The ‘Professional body’ ( River Basin Authority/
Commission) must be able operate independently
( draw lessons from US-Mexico Water and Boundary
Commission, Rhine River Commission, Mekong River
Commission, Snowy Mountain Rivers Commission)
• Independent professionals may be engaged for
technical analyses and formulation of options;
• Involvement of UN Agencies and third countries
may be welcome;
Presentation at IWFM
A
24
August 21, 2013

25. Basic considerations……….
• Transparency and availability of data and
outcome of technical analyses must be ensured;
• Plans /options must be developed with effective
participations of all stake-holders in an inclusive
manner;
• A mechanism to provide Political Guidance to
the Professional body may be worked out;
• Representatives of all co-riparian countries in
management of the professional body;
Presentation at IWFM
A
25
August 21, 2013

26. Basic Considerations………
• Study how similar issues have been
resolved in other river basins in the world;
• Such basins may be shared by two states of
a federal type country or by two sovereign
states;
Presentation at IWFM
A
26
August 21, 2013

27. Wind of Change
Presentation at IWFM
A
27
August 21, 2013

28. Wind of Change-I
• Changes in approach at political level is visible. This
is evident in:
– the Joint Communiqué issued on after the visit to India
by the Prime Minister of Bangladesh (January 2010).
– the joint statements released on the occasion of visit of
the Prime Minister of India to Bangladesh
(September 2011) ;
– the “Framework Agreement On Cooperation for
Development” between Bangladesh and India,
signed by the two Prime Ministers in September
2011.
Presentation at IWFM
A
28
August 21, 2013

29. Wind of Change-II
Article 2 states that “to enhance cooperation in sharing
of the waters of common rivers, both Parties will explore
the possibilities of common basin management of
common rivers for mutual benefit”.
Article -2 also stipulates that:
• “the Parties will cooperate in flood forecasting and
control”; and,
• “they will cooperate and provide necessary assistance
to each other to enhance navigability and accessibility
of river routes and ports”.
Presentation at IWFM
A
29
August 21, 2013

30. Wind of Change-III
Article -6 of the Framework Agreement
stipulates that
• “to develop and implement programmes for
environmental protection and responding to the
challenges of climate change through
adaptation” ; and,
• “… shall collaborate on projects of mutual
interest to preserve common eco-systems and,
as far as practicable, coordinate their response
in international fora”.
30
Presentation at IWFM
A
August 21, 2013

31. Wind of Change-IV
• Joint Statement released stated that the two
Prime Ministers ( September 2011):
• “welcomed that there has been progress on
the principles and modalities of interim
agreements on sharing of waters of Teesta
and Feni Rivers on fair and equitable basis.
They directed the concerned officials to work
towards concluding the agreements at the
earliest ( article -18).
Presentation at IWFM
A
31
August 21, 2013

32. Wind of Change- Wind of Change-V
• In article 19: “the Prime Ministers noted that
the Joint Rivers Commission (JRC), Secretary
and technical level meetings were discussing
various aspects relating to sharing of waters of
the Manu, Muhuri, Khowai, Gumti, Dharla
and Dudhkumar rivers”.
Presentation at IWFM
A
32
August 21, 2013

33. Wind of Change-VI
Article 20 stipulates that “the two Prime Ministers noted with
satisfaction that the following decisions flowing from the Joint
Communiqué of January 2010 had been implemented:
a) Dredging of the river Ichhamati along the common
reach between Angrail and Kalanchi bridges has been
completed;
b) The river bank protection works along Mahananda,
Karatoa, Nagar, Kulik, Atrai, Dharla, Punarbhaba,
Feni, Khowai, Surma etc. are being carried out in
phases.
Presentation at IWFM
A
33
August 21, 2013

34. Wind of Change-VII
• In article 21 “the Prime Minister of India
reiterated the assurance that India would not
take steps on the Tipaimukh project that
would adversely impact Bangladesh”.
Presentation at IWFM
A
34
August 21, 2013

35. At present …..
• Agreement on Teesta has been put on
abeyance due to India’s internal political
constraints.
• An agreement on Muhuri is being
implemented.
• Some questions have been raised on
implementation of the Treaty on the Ganges
that has been negated by Indian Officials.
Presentation at IWFM
A
35
August 21, 2013

36. ISSUES and OPPORTUNITIES IN THE REGION
•
•
•
•
cooperation hydro-power generation
augmentation of flow of the lean period
sharing of major rivers during lean period
cooperation in navigation system
• cooperation in river training works
• ‘adverse’ location and river bank erosion
• cooperation in flood management
• sharing of data for flood forecasting
• drainage congestion and small scale diversions
• watershed management
• cross-border pollution management
Presentation at IWFM
A
36
August 21, 2013

37. Possible routes
for
navigation
Presentation at IWFM
A
37
August 21, 2013

38. Bilateral or multilateral?
There are 57 common rivers for Bangladesh.
Two are shared by Bhutan, India and Bangladesh
( the Dharala and the Dudhkumar)
One river is shared by by Bhutan, India, China and
Bangladesh (the Brahmaputra)
One shared by Nepal, India and Bangladesh ( also China)
( the Ganges)
Three between Myanmar and Bangladesh
Rest 50 rivers are common between India and Bangladesh.
Presentation at IWFM
A
38
August 21, 2013

39. Closing Remarks …
All documents/ text books/manuals/ guidelines recommends
basin approach for management of water resources.
All global environmental agreements emphasizes on basin
approach: Dublin Statement and Agenda 21( 1992), Rio+20
Declaration 2012, UN Convention on International Water
Courses (1997), J’burg Plan Of Action 2002, World Water
Forum –2000, 2003, 2006, 2009, 2012.
The directions for future planning approach has to come from
political level.
Fresh look on a holistic approach will lead to opening of many
new routes for collaborative programmes. Is it happening?
Our “political masters” have given decisions that are in line
with global approaches.
Presentation at IWFM
A
39
August 21, 2013

40. however, ………..
Institutional framework for working out
mechanisms for common basin management
of common rivers need to be established;
effectiveness of the JRC may be evaluated;
Seasonal and temporal variation in availability
of water will be a critical factor in future as
demand will increase;
Looming threat of climate change must be
taken seriously;
Presentation at IWFM
A
40
August 21, 2013

41. also, ………..
• Benefits from hydro-power generation must be realized,
by meeting all demands from environmental and
sociological view points;
• Role of navigation in basin management must be
recognized;
• Provision of ‘environmental flow’ is to be made;
• Transparency in all decisions made will lead to building
confidence among common people.
• The directives of the two Prime Ministers are land mark
decisions.
• We see light at the end of the tunnel.
Presentation at IWFM
A
41
August 21, 2013

42. Thank you for
your patience
Presentation at IWFM
A
42
August 21, 2013