Key points
India’s ‘suspension’ claim has no legal basis in IWT.
- India used early dam projects to limit Pakistan’s water autonomy.
- Experts propose river trade corridors linking Arabian Sea to Jalalabad.
ISLAMABAD: In light of India’s assertion that the Indus Waters Treaty (IWT) is “in abeyance,” experts believe Pakistan has a critical opportunity to rethink its approach, assert its water rights, and challenge the treaty’s structural weaknesses on global legal and environmental platforms.
The perspective emerged at a seminar titled ‘Indus Waters Treaty ‘in Abeyance’: Implications and Strategic Pathways for Pakistan,’ hosted by the Institute of Policy Studies (IPS) here.
Key speakers included renowned water expert Dr. Hassan Abbas, former water and power secretary Mirza Hamid Hassan, IPS Chairman Khalid Rahman, IPS Associate Cmdr (retired) Azhar Ahmad, and public policy lawyer Ameena Sohail.
The panel argued that although the IWT is often seen as a safeguard for Pakistan, its provisions significantly favour India. They cited unequal water allocation, the allowance of effluent discharges, and limited protections for Pakistan as the downstream country as core flaws.
Dr. Abbas emphasised that India has historically used water as a strategic tool, by initiating dam and water infrastructure well before the treaty was signed. He described the IWT as more of a “capture agreement” that restricts Pakistan’s autonomy over its rivers.
With increasing global attention on environmental justice and sustainable water management, he argued that Pakistan is well-positioned to challenge the treaty—provided it builds institutional capability, gathers scientific data, and demonstrates political resolve.
He urged Pakistan to reconceptualise its river systems as not just a matter of national security but also as potential drivers of regional economic development, proposing the creation of trade corridors along river routes—such as a link from the Arabian Sea to Jalalabad in Afghanistan—to facilitate Central Asian commerce.
Speakers also addressed India’s claim that the treaty is suspended, clarifying that the IWT contains no provisions for such a status. Nonetheless, they said this claim creates a diplomatic and legal opening for Pakistan to reinforce its position on international platforms.
The seminar encouraged invoking legal principles like prior use and prior appropriation and suggested escalating treaty violations to institutions such as the World Bank, the United Nations, and international legal bodies.
Khalid Rahman criticised Pakistan’s historically reactive stance and called for a more assertive, forward-looking approach. He also recommended highlighting India’s record in treaty compliance to the international community.
While many speakers favoured legal action, Mirza Hamid Hassan urged caution against reopening the treaty for renegotiation due to its complex technical and geopolitical nature. He advocated for stronger enforcement of existing provisions, especially those related to data sharing.
Azhar Ahmad concluded by emphasising the importance of building both the capacity and will to protect Pakistan’s water interests, highlighting the need for long-term investment in legal and technical expertise.