THE FARAKKA BARRAGE DISPUTE: CONFLICT AND
Transcription
THE FARAKKA BARRAGE DISPUTE: CONFLICT AND
THE FARAKKA BARRAGE DISPUTE: CONFLICT AND COOPERATION IN BANGLADESH-INDIA RELATIONS by KAZI ASADUL MAMUN M.S.S.,University Of Dhaka,1980 A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE STUDIES D e p a r t m e n t Of P o l i t i c a l We a c c e p t this thesis as Science conforming to the r e q u i r e d standard THE UNIVERSITY OF BRITISH COLUMBIA August © 1984 K a z i A s a d u l Mamun, 1984 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the U n i v e r s i t y of British Columbia, I it freely available for permission agree her the Library shall reference and study. I for purposes may or that extensive It p u b l i c a t i o n of t h i s t h e s i s allowed without my Department of written Political for is August 15, 1984 agree Department or understood financial permission. Science The U n i v e r s i t y of B r i t i s h Columbia 2075 Wesbrook Place Vancouver, Canada V6T 1W5 Date: further that copying of t h i s t h e s i s for s c h o l a r l y be granted by the Head of my representatives. make gain that by his copying or shall not be ii Abstract The as origins 1951 when India's River Pakistan plans only of the Farakka Barrage d i s p u t e go back as f a r against the Government and miles since from 1971 the East Pakistan Bangladesh, argued two and the o v e r a l l ecology covered between India and a l l aspects c o n f l i c t has agrarian of the lower d e l t a . Although Two helpful and analytical d i s p u t e s and Ganges waters as of 1984, approaches As a explaining the result, -- to international Farakka states at a l l , what dispute d i f f i c u l t Barrage presented the river basin. hydrologic-economic to r e s o l v e , and types why of p r o p o s a l s India and dispute. The the more powerful they have f o r developing two a make t h i s Bangladesh have the (the states reveals s t a t e , i s a l s o the upper r i p a r i a n . the lower r i p a r i a n — thesis is p o s i t i o n of India which, i n a d d i t i o n to being the s t r a t e g i e s that Bangladesh — This there A n a l y s i s based on unequal power r e l a t i o n s h i p superordinate river are factors "asymmetric dyad") which e x i s t s between these the the — i n t e r n a t i o n a l r i v e r d i s p u t e l i t e r a t u r e e x p l a i n s why dispute been no s o l u t i o n i s imminent. to power r e l a t i o n s between unequal in have Bangladesh, these agreements have not of r i v e r i n e development. continued Indian the i n t e r i m agreements on s h a r i n g of reached border. that d i v e r s i o n . o f Ganges water would s e r i o u s l y threaten economy of to c o n s t r u c t a massive barrage a c r o s s the Ganges eleven Pakistan, protested Therefore, as the subordinate can employ are state limited. o u t l i n e s i n c o n s i d e r a b l e d e t a i l the as w e l l as the hydrologic-economic and aspects of the political dispute and tries to demonstrate the c o r r e l a t i o n of o v e r a l l power r e l a t i o n s between India and employ. The Bangladesh with the p o l i t i c a l main have acted according costs and argument to t h e i r benefits ranging what from c o o p e r a t i v e it considers strategies an i s analysed although periodically marginal concessions predominant direction i s that both India and interpretation involved Bangladesh, for i t s p a r t , has equitable i n turn Ganges waters. political resolving the dispute. variety of strategies in an attempt to secure solution. Each of for i t s e f f e c t i v e n e s s . Bangladesh negotiations Bangladesh the pursued a India, political-economic of in over they of to r e t a l i a t o r y from strategies has been the able to these Overall, extract l a t t e r , because of i t s position, has controlled the sharing and augmentation of iv Table of C o n t e n t s Abstract L i s t of F i g u r e s Acknowledgement i i vi Chapter I INTRODUCTION 1 A. 4 THE GANGES AND ITS BASIN B. THE FARAKKA BARRAGE 9 C. CONFLICTING INTERESTS OVER FARAKKA . Chapter II INTERNATIONAL RIVER DISPUTES AND BARGAINING STRATEGIES: SOME THEORETICAL CONSIDERATIONS 21 A. 36 COOPERATIVE STRATEGIES B. COERCIVE STRATEGIES 10 39 Chapter I I I THE A. NEGOTIATIONS OVER FARAKKA 50 THE FIRST STAGE: A BARRAGE ACROSS THE GANGES? B. THE SECOND STAGE: NEGOTIATIONS OR DELAYING TACTICS? C. INDIAN OBSTINACY OR PAKISTANI WEAKNESS? 51 ...54 65 D. THE THIRD STAGE: SOLUTION ON THE HORIZON? 68 E . THE QUESTION OF AUGMENTATION 81 F. PROCEEDINGS AT THE UNITED NATIONS 85 C h a p t e r IV THE 1977 BREAKTHROUGH AND ITS AFTERMATH A. PRELUDE TO THE GANGES WATERS TREATY 96 97 B. THE GANGES WATERS TREATY: ITS LIMITATIONS IMPLICATIONS AND 106 C. NEGOTIATION OVER THE QUESTION OF AUGMENTATION 109 D. THE INDIAN PROPOSAL FOR AUGMENTATION 110 E . THE BANGLADESH PROPOSAL FOR AUGMENTATION 114 F. THE CHRONOLOGY OF NEGOTIATIONS OVER AUGMENTATION 115 G. A MEMORANDUM OF UNDERSTANDING 128 Chapter V ASYMMETRIC DYADS AND UPSTREAM-DOWNSTREAM CONFLICTS 137 A. THE F I V E STAGES OF THE FARAKKA BARRAGE DISPUTE 140 B. THE FARAKKA BARRAGE: THE ARCHETYPE OF AN UPSTREAMDOWNSTREAM CONFLICT 151 C. STRATEGIES ADOPTED BY PAKISTAN/BANGLADESH 154 BIBLIOGRAPHY 181 • APPENDIX A - STATUTE OF THE 1972 INDO-BANGLADESH RIVERS COMMISSION APPENDIX B - 1975 FORTY-DAY UNDERSTANDING JOINT 186 188 APPENDIX C - INDO-BANGLADESH AGREEMENT ON SHARING OF GANGA WATERS AT FARAKKA 189 APPENDIX D - CONSENSUS STATEMENT AT THE UNITED NATIONS ..193 v a List of Figures Figure 1 - Map o f the Ganges River Basins and the Brahmaputra Figure 2 - Map Its and Figure 3 - Map Showing the Augmentation of Indian Ganges Figure 4 - Map Showing the on A u g m e n t a t i o n Bangladesh Proposal o f Ganges Flows Showing the F a r a k k a Barrage and Feeder Canal, Bhagirathi-Hooghly Other Rivers Proposal Flows on Vi Acknowledgement It w i l l not be p o s s i b l e to thank a l l the people by name who helped me r e s e a r c h and w r i t e t h i s t h e s i s . There have been however, without much more whose h e l p w r i t i n g the t h e s i s would have been a difficult Professor John discussing so R. task. Wood, volatile I want to thank f o r the many and suggestions about c e r t a i n proved some, elusive hours a substantive my s u p e r v i s o r , topic aspects he spent with of in me. H i s the thesis t o be very v a l u a b l e . I especially want to thank my wife, Sumaiya, whose p a t i e n c e , encouragement and support made i t p o s s i b l e f o r me continue writing even in the midst exhaustion. I f t h i s t h e s i s has achieved excellence, i t i s due to her r e l e n t l e s s p e r s u a s i o n to c a r r y on. colleague, M i c h a e l P. Howlett, of- mental and p h y s i c a l a certain constructive I to also want measure criticisms to thank of and my who p r a c t i c a l l y taught me how to use the word p r o c e s s o r and e d i t e d e a r l i e r d r a f t s of the t h e s i s . I am g r a t e f u l to my f a t h e r , K.A. Mamun supplied with a constant source Barrage d i s p u t e from Bangladesh. fellow graduate S r . , who me of m a t e r i a l s on the Farakka I a l s o want to thank a l l my students at the U n i v e r s i t y of B r i t i s h Columbia who, sometimes u n w i t t i n g l y , helped me i n the completion project. kept of this 1 I. The for its INTRODUCTION r e l a t i o n s between India and the f i r s t Bangladesh were few years a f t e r the former helped independence from P a k i s t a n amicable the l a t t e r in December, 1971. Since gain then, however, r e l a t i o n s have d e t e r i o r a t e d c o n s i d e r a b l y on a number of issues, 1 the most important the Farakka Barrage and i t s consequences f o r the d i s t r i b u t i o n the waters of the Ganges states. India's navigability River primary Barrage p r o j e c t was of of which i s India's c o n s t r u c t i o n of between purpose to prevent in the two neighbouring undertaking the s i l t i n g and to the Farakka improve the port of C a l c u t t a by d i v e r t i n g v i a a canal a q u a n t i t y of water from the Bhagirathi-Hooghly whose bank the c i t y River, Bangladesh maintains on that the western Bangladesh i s having Ganges diversion to of of flush the feeder out the i s located. water a d i s a s t r o u s e f f e c t on away from i t s agrarian economy. Although 1975, 2 the Farakka was government t r i e d still a Bangladesh came first of i n t o being, squarely on the shoulders was important that as 3 before 1951 The India from c o n s t r u c t i n g the in its of the new there when Pakistan attempts. When the onus of n e g o t i a t i n g with the Bangladesh government was had an Pakistan. unsuccessful l i n e s pursued by P a k i s t a n , which part i t s best to prevent Farakka Barrage but was While not commissioned the o r i g i n s of the d i s p u t e go as f a r back Bangladesh fell Barrage was government i n b a s i c a l l y arguing were two important India Dhaka." along changes e f f e c t on the ongoing n e g o t i a t i o n s . Pakistan had negotiated with India the from The a 2 position country of equality whereas compared with undivided I n d i a , had a much more d i f f i c u l t important change India before barrage, was had not enough substantive "sharing" Farakka remedy issue to originated water with Barrage the to accept from the question construction India, of it water r e s p e c t i v e demands of India and thesis cooperate in of Ganges waters. The Ganges riparian, the question to efforts of s h a r i n g and c e n t r a l question might the dispute of the meet to the Bangladesh. made by riparian, 6 augmentation this thesis will to answer i s : what are the s t r a t e g i e s that lower equitable commissioning the 5 there subsequently c e n t r e d on how analyses on the v i t a l accompli. of Pakistan/Bangladesh to i n f l u e n c e I n d i a , as the upper to the needs, the Thus, while and with of that respective of "augmentation." second negotiating both s i d e s acknowledged shifted by was The Farakka as a f a i t their scarcity This Pakistan meet the certainly vis a vis task to c o n f r o n t . to that and a much weaker started actual construction As n e g o t i a t i o n s went on and was Pakistan that while the l a t t e r had Bangladesh Bangladesh, being Bangladesh, attempt as the employ to e x t r a c t an e q u i t a b l e s o l u t i o n from i t s preponderant neighbour? Chapter II conflicts there from examines a the theoretical problem of standpoint. f o r an e q u i t a b l e s o l u t i o n i n d i s p u t e s upstream-downstream What p o t e n t i a l i s l i k e Farakka? If an e q u i t a b l e s o l u t i o n seems u n l i k e l y , what options are a v a i l a b l e to the lower r i p a r i a n ? outline a number In of order to answer these questions s t r a t e g i e s that a downstream country I can 3 employ i n an effort to e x t r a c t powerful upstream country. the an equitable solution These s t r a t e g i e s works of r i v e r d i s p u t e a n a l y s t s and theorists. which T h i s chapter a l s o certain they are strategies likely to f a i l . In short, r e l a t i o n s h i p between c e r t a i n political ones--and likely the I attempt to success from relations conditions to succeed and structural the derived international discusses are are from a more under those where determine the conditions—particularly and failure of certain strategies. In Chapters III and picture of the In these and from a few two Barrage d i s p u t e are In Chapter V, in Farakka conclusions My applied compiled a comprehensive scholarly works w r i t t e n India of regard that to i n t e r n a t i o n a l outlined and the objective to some on topic. the 7 by Farakka context. in Chapter II are actions in rethe success or f a i l u r e of each i s is to derive upstream-downstream of the adopted during Pakistan/Bangladesh's and government strategies influence strategies ultimate hope the accounts, examined in t h e i r h i s t o r i c a l dispute with general i n the to the light Barrage analysed. have newspaper chapters, Pakistan/Bangladesh examined I e n t i r e Farakka Barrage d i s p u t e between India Pakistan/Bangladesh publications, IV, these theoretical conflicts conclusions r i p a r i a n d i s p u t e s elsewhere. may in be 4 A. THE GANGES AND A ITS BASIN b r i e f d e s c r i p t i o n of the Ganges River and i t s basin enable us to understand the hydrologic-economic aspects dispute. Although in Asia, 9 languages-- i s only the i t s basin with the exceptions China. rises The r i v e r in Tibetan the itself into supports i s 1,557 miles southern Himalayas a concentration of 300 (2,506 on the southeasterly sluggish through river, flowing populated Ganges divisions—the km) long. Indian Middle course most of before one t r a c t s of t e r r i t o r y basin Upper can be Ganges i t s course falls it is a i n the world. divided into three broad basin which i n c l u d e s the s t a t e of entirely within Bangladesh. India; f i v e streams r i s e of U t t a r Pradesh. or Delta area In the Upper Ganges i s f e d by f i v e headstreams--the B h a g i r a t h i , the Alaknanda, the Mandakini, the Dhauli Alaknanda it Ganges basin which i n c l u d e s the s t a t e s of Bihar and b a s i n , the r i v e r These It of the most f e r t i l e and West Bengal i n I n d i a ; and the Lower Ganges Basin which 1 0 s i d e of the U t t a r Pradesh and p a r t of the s t a t e of Madhya Pradesh i n the on the Bay of Bengal, through i t s main d i s t r i b u t a r y , For The longest l a r g e r than that of any country the Padma i n Bangladesh. densely a fifteenth of India and the People's Republic of border and f o l l o w s empties the 8 m i l l i o n people, a p o p u l a t i o n earth of the Ganges River or Ganga --as i t i s c a l l e d in most of the Indie river will Ganga, and the Pindar. i n the Uttarkhand d i v i s i o n of the s t a t e Of these, the two main headstreams are the which r i s e s about t h i r t y m i l e s north of the Himalayan peak of Nanda Devi, and the B h a g i r a t h i , which o r i g i n a t e s 10,000 Figure 1 5 feet above S e a - l e v e l i n an glacier known as i c e cave at the foot of the Himalayan Gangotri. The true source of the Ganges, however, i s c o n s i d e r e d to be at Gaumukh, south of Gangotri. After 1 1 the about thirteen Alaknanda and miles the B h a g i r a t h i u n i t e at Devprayag, they form the Ganges' mainstream which through the outer (southern) mountains at R i s h i k e s h . The Himalayas r i v e r then to emerge flows on to cuts from the Hardwar, a sacred p l a c e f o r the Hindus. Although there i s seasonal v a r i a t i o n i t s volume i n c r e a s e s markedly as i t and enters a i n the Ganges' flow, receives region of heavier r a i n f a l l . more From A p r i l the m e l t i n g Himalayan snows feed the r i v e r , while season from floods. left-bank 1 3 Gomati, and In the in to June, the rainy J u l y to September, the r a i n - b e a r i n g monsoons cause In the Upper Ganges b a s i n , the tributaries tributaries are the Jumna principal (Yamuna) and t r i b u t a r i e s i n t h i s region right-bank the Tons r i v e r s . are the The Ramganga, the the Ghagara. Middle Ganges b a s i n , the main t r i b u t a r i e s from the Himalayan region to the north are the Gandak, the Burhi the Ghugri, and the K o s i . The most important the l a s t southern Gandak, tributary i s the Son. In West Bengal, the flows, the Mahananda j o i n s i t from the n o r t h . * Ganges The to Farakka, westernmost Indian s t a t e through to the south and of Calcutta. The flows at the apex of the D e l t a . distributary of the Ganges i n the D e l t a area i s the Hooghly, on the east bank of which stands the city which 1 r i v e r then s k i r t s the Rajmahal H i l l s southeast 1 2 The Hooghly itself is joined by Indian two 6 tributaries flowing Rupnarayan. In Bangladesh, the Ganges i s j o i n e d by Brahmaputra (called Ghat. in from the the Damodar and the the mighty the Jamuna i n that c o u n t r y ) , near Goalundo The combined stream, now Meghna west, River above Chandpur. called the Padma, joins the The waters then flow i n t o the Bay of Bengal through innumerable channels, the l a r g e s t of which is known as the Meghna e s t u a r y . Apart from distributary Bengal, the Hooghly and the Meghna, streams which form the Ganges d e l t a the Jalangi; Bhairab, the Kobadak, and the are: other in West i n Bangladesh, the Mathabhanga, the Gorai the (Madhumati), and the A r i a l Khan. In the D e l t a r e g i o n , the Ganges, as w e l l as i t s t r i b u t a r i e s and d i s t r i b u t a r i e s , course. times. Such In changes 1785, Mymensingh; the G a n g e s . it 15 i s c o n s t a n t l y v u l n e r a b l e to changes the now have occurred Brahmaputra i n comparatively flowed past the of joining There are a l s o i n d i c a t i o n s that the B h a g i r a t h i , or Nullah") was the most Ganges i n the seventeenth c e n t u r y . at l e a s t s i n c e clear, recent city flows f o r t y m i l e s west of i t before one of i t s s e v e r a l branches (Hooghly, S a r a s v a t i , Adi "Tolly's in i t s Ganga, important d i s t r i b u t a r y of the However, i t has been 1770, when the Damodar, which helped to shifted i t s mouth 80 or m i l e s to the s o u t h . silting keep it 1 6 The lower reaches of t h i s l i n e , the Hooghly proper, r e t a i n t h e i r vitality, being fed by streams such as the Rupnarayan and the Damodar. The r i v e r s have i n the West Bengal area are been d e s c r i b e d as dead or d y i n g . them to the sea. very sluggish and L i t t l e water passes down The r i v e r s i n the Bangladesh d e l t a r e g i o n , on 7 the other hand, are broad and a c t i v e , c a r r y i n g l a r g e q u a n t i t i e s of water to the Bay of Bengal. They are a l s o i n t e r c o n n e c t e d by innumerable c r e e k s . The Ganges subcontinent water basin c o n t a i n s the l a r g e s t (see Map-1). supply is As has been dependent river mentioned snows Precipitation in in the the earlier, the p a r t l y on the r a i n s brought by the monsoon winds from J u l y to October, as w e l l as Himalayan system i n the hot river season basin on from the April accompanies melting to the June. southwest monsoon winds, but i s a l s o r e l a t e d to c y c l o n e s that o r i g i n a t e i n the Bay of Bengal between June and October. of rainfall Only a small amount occurs i n December and January. The average annual r a i n f a l l v a r i e s from 30 inches at the western end of to over 90 inches in the eastern end. 1 7 the basin The d e l t a region experiences s t r o n g c y c l o n i c storms both before the of the monsoon season, from March to May, from September to October. relief over and overemphasized. mighty of is slow. the and variation in 1 8 numerous tributaries the i n h a b i t a n t s of the basin cannot beginning of civilization, be capital emperors f l o u r i s h e d on the banks of t h i s Pataliputra other and t h r i v e d as for From the kings river. numerous Today Since there i s l i t t l e importance of the Ganges and i t s distributaries cities and at the end of i t , the e n t i r e surface of the Gangetic P l a i n , the rate of flow of the r i v e r The commencement (now Patna), Delhi, Allahabad, and c i t i e s had sprung up on the banks of the Ganges important river not political only and represents commercial the major centres. source of 8 livelihood are f o r the i n h a b i t a n t s of i t s great a l s o h e l d sacred by the Hindu community. Hindus that those sins. for The r i v e r a l s o provides a constant the greater Bangladesh. deposits The I t i s b e l i e v e d by source constant flooding during of all of f r e s h f i s h , forms the primary m a j o r i t y of the p o p u l a t i o n nutrition i n West Bengal and the rainy season a r i c h a l l u v i u m over the land which makes the Gangetic p l a i n one of the most f e r t i l e t r a c t s of t e r r i t o r y overcrowded and a l l u v i a l Gangetic its i t s waters who bathe i n the Ganges are absolved a food, which, combined with r i c e , The basin, life-blood from the river basin, itself i n the world. therefore, and draws i t s numerous t r i b u t a r i e s and d i s t r i b u t a r i e s . Before the area 1971) Partition now 1 9 forming Bangladesh (East Pakistan was e n t i t l e d t o draw s u p p l i e s of (Padma i n Bangladesh). plain i n 1947, there was never any doubt had not only Historically, water u n t i l December from the Ganges the people of the Gangetic enjoyed the b e n e f i t s of the r i v e r but had a l s o , on o c c a s i o n , been subject to i t s tremendous wrath. every year, c y c l o n e s o r i g i n a t i n g over the Bay colossal of f l o o d s a l l over the Ganges basin and these the two different created, therefore, traditional states i t was of expected Pakistan that r i v e r would go on as b e f o r e . cause floods claim regularity. and the Almost Bengal l i v e s and destroy crops and l i v e s t o c k with alarming When that I n d i a were use of this When I n d i a decided to c o n s t r u c t the Farakka Barrage e x a c t l y at the apex of the d e l t a , it was protest. not at a l l surprising that P a k i s t a n r a i s e d a c r y of 9 B. THE FARAKKA BARRAGE The Farakka Barrage i s s i t u a t e d at l a t i t u d e 24 degrees and 45 minutes North and l o n g i t u d e 87 degrees 50 minutes East .on the Ganges of River i n the d i s t r i c t West Bengal. Calcutta and I t i s about about i s about back rail a 300 18 km. barrage i t s e l f both of Murshidabad km. the north of the city of west of the Bangladesh border. 2455 metres long and l i n k and a motor road. barrage begins a feeder c a n a l which meet i n the Indian s t a t e Bhagirathi-Hooghly on Just upstream runs 42.6 River supports km. The its of the southward to j u s t downstream of another barrage (designed to prevent water that s p i l l s over the Barrage from e n t e r i n g the B h a g i r a t h i - in the monsoon Hooghly) at J a n j i p u r . the season There Bhagirathi-Hooghly i s also a just c o n t r o l the water e n t e r i n g upstream cross of regulator as silt i t d i r e c t l y when the Ganges excluders, flow down the Ganges. across the feeder c a n a l to The Farakka Barrage a l s o i n c l u d e s s e v e r a l high v e l o c i t y known Farakka floods. sluices, which are intended to allow s i l t The barrage was designed so that to silt- free water w#uld be d i v e r t e d down the Bhagirathi-Hooghly and the sediment load of the Ganges would be c a r r i e d by the remaining flow i n that r i v e r on to Bangladesh and the Bay of Bengal. The canal has the c a p a c i t y to handle 40,000 cubic feet of water per second (cusecs) 2 0 and c o n t a i n s l o c k s at both ends n a v i g a t i o n from the Ganges through to C a l c u t t a . completed in began i t s f i r s t graphic 1970 and official understanding of the Farakka 21, provide The Barrage the feeder c a n a l i n 1973. o p e r a t i o n s on A p r i l to The 1975. was project (For a Barrage and the feeder Figure 2 4 10 c a n a l , c o n s u l t Map-2). C. CONFLICTING INTERESTS OVER FARAKKA India's subsequent construction effect from other According the Farakka Barrage and on the t o t a l volume of water passing the Padma i n t o East c r i t i c i s m not only of Pakistan through ( l a t e r Bangladesh) came under heavy from P a k i s t a n quarters its (and l a t e r Bangladesh) but a l s o i n the r e g i o n a l and the i n t e r n a t i o n a l arena. t o I s h t i a q Hossain: Of the v a r i o u s i s s u e s responsible for deteriorating Indo-Bangladesh relations, construction and commissioning of a dam at Farakka... has perhaps attracted the most a t t e n t i o n from the r e s t of the world. 2 1 This was concerted in efforts construction a large chance part to due to Pakistan's stop the Indian to s t a r t n e g o t i a t i o n s the two governments the i m p l i c a t i o n s . and start construction The to save the port of C a l c u t t a Bhagirathi, of the Ganges u n t i l degenerate a general had India, however, managed simultaneously. India has c o n s i s t e n t l y defended i t s move by c l a i m i n g an e f f o r t and government from s t a r t i n g on the p r o j e c t s i t e before to d i s c u s s consistent from that i t was silting. which had been the p r i n c i p a l d i s t r i b u t a r y about two into a s i l t - l a d e n hundred years ago, began r i v e r when the Ganges regime began eastward s h i f t about that time. When this occurred the Padma assumed the r o l e of main channel and d i s t r i b u t a r y . a result the Hooghly s i l t a t i o n problem. river, the began Moreover, to to experience an ever since the Hooghly As increasing is a tidal t i d a l bores began t o a f f e c t the n a v i g a b i l i t y of the 11 r i v e r by d e p o s i t i n g huge amounts of sand. headwater supply between the diminished sea t i d e s and as the headwater supply and this Over the decades, overturned the headwater flow. the the balance In other words, reduced, t i d a l waters began to penetrate more and more i n l a n d . There are fears about 1795. 22 i n d i c a t i o n s that future of the Since the c l o s u r e of this decrease the the in the volume of raw into been aware as e a r l y as of the Hooghly there was could 1795 be expressed port of C a l c u t t a as e a r l y as vital port would mean a a g r i c u l t u r a l goods a committee was the c o n d i t i o n of the H o o g h l y . had rulers m a t e r i a l s and t r a n s p o r t e d to the mother country, inquire British appointed Thus, the 23 that unless the to British headwater flow i n c r e a s e d through a r t i f i c i a l means, a danger that C a l c u t t a port would have to be shut down. At independence i n 1947, there i s documented evidence the Boundary Commission went to the l e n g t h of v i o l a t i n g p r i n c i p l e of d i v i s i o n of t e r r i t o r y between India and majority religion--in order to Farakka belonged Murshidabad, i t was Ganges c o u l d achieve award the entire to the main Pakistan— enable India to take s u i t a b l e measures f o r the d i v e r s i o n of Ganges waters Although that to the Hooghly. * 2 the Muslim m a j o r i t y d i s t r i c t the obvious p l a c e where a barrage a c r o s s this diversion. The Murshidabad d i s t r i c t Commission decided to I n d i a . According S i r C y r i l R a d c l i f f e , the chairman: ...to prevent the Hooghly from l a n g u i s h i n g altogether and r u i n i n g the h e a l t h and i n d u s t r y of Bengal, i t i s absolutely necessary that the headwaters of the of the to to 12 Hooghly state. should be under the c o n t r o l of the West Bengal 2 5 Pakistan of received the Hindu m a j o r i t y d i s t r i c t of Khulna by way compensation. The c o n s t r u c t i o n of the Farakka Barrage was be the Indians." the "only 2 6 technical solution to the considered problem I t was p r o j e c t e d that by the j u d i c i o u s o p e r a t i o n Farakka Barrage, fluctuating the of i t would be p o s s i b l e not only to prolong the upland s u p p l i e s i n t o the Hooghly but a l s o to "even sharply by to hydrographs in the river" out the thus 2 7 c o u n t e r a c t i n g the d e t e r i o r a t i n g e f f e c t s of the preponderance of the t i d a l flow. Pakistan and subsequently d i v e r s i o n of waters at Farakka effects. were Bangladesh will have have disastrous As n e g o t i a t i o n s dragged on, the i l l presented in a more detailed that economic e f f e c t s of Farakka f a s h i o n to impress on the Indian government the urgency of the s i t u a t i o n . Pakistan/Bangladesh's argued c l a i m s are given below. removal of water from the Ganges/Padma would A summary of They argued that produce seriously d e t r i m e n t a l e f f e c t s on East Bengal's economy by: 1) lowering the water table i n Bangladesh's eastern part and thus reducing the moisture content of the soil immediately a f t e r the monsoons and causing a s e r i o u s d e t e r i o r a t i o n i n the summer output of those high y i e l d rice strains whose growth depends on an abundant supply of water; 2) a d v e r s e l y a f f e c t i n g the n a v i g a b i l i t y of the Padma and its spill channels, e s p e c i a l l y the G o r a i Madhumati, both by d r a s t i c a l l y lowering or e l i m i n a t i n g the water l e v e l s of these water courses and by causing the Padma River bed t o r i s e as a r e s u l t of the s i l t i n g caused by such reduced flow. T r a n s p o r t a t i o n i n about 13 1135 km. of major waterways i n Bangladesh was expected to be n e g a t i v e l y a f f e c t e d as a drop i n water levels of up to s i x feet was a n t i c i p a t e d i n the dry season; 3) aggravating the monsoon f l o o d s i n Bangladesh by limiting the amount of flood water which would normally d r a i n o f f i n t o the Bhagirathi-Hooghly and by decreasing through dry season s i l t a t i o n the c a p a c i t y of the Padma r i v e r bed to accommodate the wet season flow; 4) damaging the a g r i c u l t u r e of the c o a s t a l areas of Khulna, B a r i s a l , and P a t u a k h a l i d i s t r i c t s as well as p a r t s of nearby d i s t r i c t s l i k e Jessore and F a r i d p u r by a l l o w i n g s a l i n e water to penetrate deep i n l a n d i n t o an area of more than 20,000 square kilometres. The resulting loss of cultivable land would probably reduce the amount of farm employment, f u r t h e r i n c r e a s i n g the n a t i o n ' s hardship; 5) decimating the forests i n the c o a s t a l areas, causing them to become poorer i n d e n s i t y and to produce lower quality wood. An example are the Sunderban f o r e s t s i n Khulna d i s t r i c t where i n a d d i t i o n to the expected loss in d i s t r i c t revenues and the reduced supply of timber f o r housing and other construction, the changed e c o l o g i c a l balance of the f o r e s t regions would s e r i o u s l y a f f e c t forms of animal l i f e presently r e s i d i n g there; 6) reducing in both q u a l i t y and q u a n t i t y the water supplied to the urban industrial centres in Bangladesh's lower delta, thereby hurting their growth, c r e a t i n g d i f f i c u l t y i n the d i s p o s a l of their effluents and raising the death rate due to waterborne d i s e a s e s and the d e c l i n e i n s a n i t a t i o n ; 7) d e c r e a s i n g the e x t r a c t i o n of food i n the Bangladesh d e l t a s i n c e f i s h i n g would be e l i m i n a t e d as a source of l i v e l i h o o d for thousands of fishermen and d e a l e r s . An important source of p r o t e i n for many 'Bangladeshis would thus be c u r t a i l e d . The expected change i n the hydrographic c o n d i t i o n s of the Padma's lower reaches would stop the movement of many f r e s h water f i s h v a r i e t i e s up the r i v e r . In a d d i t i o n , a l a r g e p a r t of the water system would go dry i n the months between December and May and many other v a r i e t i e s of f i s h and prawn would become l a n d - l o c k e d and d i e ; 8) r e t a r d i n g the s u c c e s s f u l planning or execution (both present and future) of land and water development p r o j e c t s i n the area by e i t h e r s e v e r e l y reducing or making unpredictable the necessary 14 supplies of Padma water. The most prominent example i s that of the Ganges-Kobadak p r o j e c t , intended to i r r i g a t e almost two m i l l i o n acres in K u s h t i a , Jessore, and Khulna d i s t r i c t s . A l l in a l l , i t has been estimated that e i g h t to nine d i s t r i c t s i n B a n g l a d e s h — containing t h i r t y m i l l i o n people (one-third of the total p o p u l a t i o n of Bangladesh) and about one quarter of the c u l t i v a b l e land-- w i l l be a d v e r s e l y a f f e c t e d by the Farakka p r o j e c t . 2 8 India has Bangladesh's data are of them. i s given naturally claims inaccurate gone to by m a i n t a i n i n g or by p r o v i d i n g a A summary of India's great that the lengths to refute latter's technical different interpretation responses to Bangladesh's claims below: 1) In attempting to refute the basic claim that Bangladesh needs more of the Ganges-Padma water than India i s w i l l i n g to allow, Indian o f f i c i a l s note that whereas the Ganges basin i n India i s r e l a t i v e l y a r i d , the d e l t a area i n Bangladesh i s always green. They note that Bangladesh's r a i n f a l l averages 190 cm. per year as opposed to 63-127 cm. on the Indian s i d e , and the r a i n f a l l of the wet season i s so great that despite a s h o r t , dry season, Bangladesh's s u b s o i l i s not d r i e d out s u f f i c i e n t l y to i n h i b i t the growth of forests. They a l s o contend that monsoon r a i n s are s u f f i c i e n t to s a t u r a t e the soil f o r at least two months a f t e r the rains, u n t i l about the end of December. 2) To Bangladesh's emphasis on an adequate supply of water i n the dry months of March, A p r i l , and May, the Indians counter that during that p e r i o d even with the locks at Farakka being c l o s e d , the waterflow of the Ganges-Padma in Bangladesh i s normally superior to that at Farakka. They a l s o c l a i m that there i s a regeneration of almost 20,000 cusecs and t h e r e f o r e i t is unnecessary f o r India to reduce i t s own meagre allotment. 3) The Indians emphasize that Bangladesh is not l a c k i n g i n water, but r a t h e r overrun with i t , and that i t s a g r i c u l t u r e would a c t u a l l y gain by having the flow of water reduced, e s p e c i a l l y in the summer months when 15 floods inundate countryside. extensive areas of the Bangladesh 4) To counter Bangladesh's claims r e g a r d i n g l o s s e s to inland navigation, the Indians p o i n t out that there has not been p r e v i o u s l y any organised n a v i g a t i o n along the Padma, and that s p i l l channels l i k e the Gorai are seasonal i n nature and only n a v i g a b l e during the floods. 5) To Bangladesh's c l a i m s about silting due to d i v e r s i o n of the Ganges waters at Farakka, the Indians counter that s i l t i n g i s no problem i n the dry season because the r i v e r i s then r e l a t i v e l y silt-free. The Indians a l s o argue that i n the r a i n y months the i n c r e a s e d percentage of s i l t i n the Bangladesh river system which r e s u l t s from d i v e r s i o n of 40,000 cusecs of s i l t f r e e water at Farakka i s i n s i g n i f i c a n t . 6) Regarding s a l i n i t y , the Indians c l a i m that since the t o t a l d i s c h a r g e of water by the r i v e r s Meghna and Brahmaputra, even i n the dry months, i s approximately 200,000 cusecs, the problem of seawater i n t r u s i o n should not occur. The Indians have been s i l e n t on the i s s u e of d e l e t e r i o u s e f f e c t s of s a l t water on fish, f o r e s t s , or urban a r e a s . 7) India a l s o f l a t l y denies that the Farakka Barrage will hurt Bangladesh irrigation projects on the grounds that a) the r e d u c t i o n i n the flow w i l l be so i n s i g n i f i c a n t as not to be missed, b) the requirements of planned and e x i s t i n g p r o j e c t s are so small as to put no burden on present or f u t u r e water s u p p l i e s , and c) the r e g i o n s ' s morphology i n v o l v i n g f l a t ground, annual f l o o d s , and s h i f t i n g r i v e r s i s i m p r a c t i c a l f o r big i r r i g a t i o n schemes. In any event, they suggest an extension of Bangladesh's pumping system should be an a l t e r n a t i v e or s u p e r i o r source of i r r i g a t i o n . 2 9 Thus I n d i a has assembled a v a r i e t y of t e c h n i c a l arguments in combination attempt to show that no matter how Ganges-Padma waters may vital to India be to Bangladesh, they important the are and to p r o j e c t s i t has a l l o t e d them. when the Farakka Barrage p r o j e c t was still which much more In f a c t , i n the planning stage 16 it was calculated Bhagirathi-Hooghly that and besides The water the facilitate communications, and The of the p r o j e c t would improve C a l c u t t a ' s drainage of the r e g i o n , improve increase the mileage of i n l a n d n a v i g a t i o n . principal conflict dry season preservation the port of C a l c u t t a , there would a l s o be a number of side b e n e f i t s . supply, the i n the Ganges d i s p u t e flow of the Ganges. The seasonal is over fluctuation this period, Hooghly and India's rising f o r i r r i g a t i o n are demand f o r water to maintain in the ecology to promote i n d u s t r y , i r r i g a t i o n , and India as and successor Bangladesh has had influence them. The the power to f o r i t s needs. have consequences of Indian d e c i s i o n s but have had to Bangladesh's navigation. the upper r i p a r i a n country, its with the of the Ganges d e l t a and implement p r o j e c t s on the Ganges to provide Pakistan May. needs for water to f l u s h conflict the i n the flow makes water scarce d u r i n g the p e r i o d January through In 3 0 East suffered the only l i m i t e d power d i s p u t e over s h a r i n g of the Ganges i s about attempts by Pakistan and Bangladesh to influence Indian policy. Although the government of M o r a r j i Desai treaty with Bangladesh renewed f o r another two the q u e s t i o n of November years a f t e r 1977, i t expired t h i s has i n November T h i s t h e s i s attempts to d i s c u s s the sharing existing dry season a l t e r n a t i v e methods of augmenting t h i s flow perspective and been 1982, of sharing and augmentation of Ganges waters i s f a r from r e s o l v e d . issues in signed a f i v e - y e a r and flow from substantive and examining a bargaining explores v a r i o u s s t r a t e g i e s which c o u l d assist 17 Bangladesh i n persuading i t s upstream neighbour to cooperate. 18 NOTES 1. U n f o r t u n a t e l y , the h i s t o r y of Indo-Bangladesh relations since 1971 p r e s e n t s a dismal p i c t u r e . A number of i s s u e s have not o n l y clouded t h e i r relations but have a l s o l e d to the exchange of fire between the two c o u n t r i e s ' border s e c u r i t y f o r c e s over d i s p u t e d t e r r i t o r y . Below i s a l i s t of some of the more c o n t e n t i o u s i s s u e s between these two c o u n t r i e s : a. D i s p u t e over the maritime b e l t ; b. Indian support f o r pro-Mujib g u e r r i l l a s ; c. the s h a r i n g of Ganges waters; d. d i s p u t e s over Muhurir Char (an i s l e t on the Muhuri R i v e r , the boundary between Bangladesh and the Indian s t a t e of T r i p u r a ) ; e. d i s p u t e over the Purbasha i s l a n d i n the Bay of Bengal; f. smuggling o p e r a t i o n s c a r r i e d on both s i d e s of the border; g. d i s p u t e over i l l e g a l border c r o s s i n g s on both sides of the border; and most r e c e n t l y , h. d i s p u t e over I n d i a ' s plans to c o n s t r u c t a barbed wire fence around the 1700 m i l e s of the Indo-Bangladesh border. 2. The 7000-foot long barrage was completed i n 1970 and the 26.5 m i l e long feeder c a n a l took another four years to complete. The barrage and feeder c a n a l were f i n a l l y commissioned i n 1975 following an interim agreement signed between India and Bangladesh on A p r i l 18 1975. 3. When Indian p l a n s to c o n s t r u c t a dam at Farakka were made p u b l i c through Indian p r e s s r e p o r t s , the P a k i s t a n government sent a note of p r o t e s t to New D e l h i . The o r i g i n s of the Farakka Barrage d i s p u t e can be t r a c e d to t h i s date. When P a k i s t a n was dismembered i n 1971 and Bangladesh achieved independence, the new government in Dhaka pursued the case with India along the l i n e s adopted by the P a k i s t a n government from 1961-1971. 4. Dhaka i s the c a p i t a l city of the People's Republic of Bangladesh. Before November 1982, i t was s p e l l e d "Dacca" when i t was officially changed by Presidential Order. The new spelling i s closer to the phonetic usage and t h i s v e r s i o n has been used throughout the t h e s i s . 5. The c o n s t r u c t i o n of the Farakka Barrage was completed 1970 before Bangladesh had achieved independence (1971). feeder c a n a l , however, was not completed u n t i l 1973. in The 6. The word " r i p a r i a n " denotes a country through which a river flows. In the case of an i n t e r n a t i o n a l r i v e r flowing through two c o u n t r i e s , t h e r e f o r e , the upstream country is called the upper r i p a r i a n , and the downstream country, the lower r i p a r i a n . Both c o u n t r i e s are c o l l e c t i v e l y r e f e r r e d to as c o - r i p a r i a n s . 7. To date, only two major works have been w r i t t e n on the Farakka Barrage d i s p u t e . Of these, the only p u b l i s h e d work has 19 been w r i t t e n by B.M. Abbas who was d i r e c t l y involved i n n e g o t i a t i o n s with India over a p e r i o d of ten years. The following i s the b i b l i o g r a p h i c r e f e r e n c e : B.M. Abbas, The Ganges Water Dispute, (Dhaka: U n i v e r s i t y P u b l i c a t i o n s Limited, 1982). The other i s a Ph.D. d i s s e r t a t i o n by Ben Crow i n the U n i v e r s i t y of Edinburgh i n 1980. I t i s e n t i t l e d The P o l i t i c s and Technology of Sharing the Ganges. T h i s d i s s e r t a t i o n has not yet been p u b l i s h e d . 8. The Ganges River i s c a l l e d the "Ganga" i n a l l the Indian languages i n c l u d i n g B e n g a l i . In Bangladesh where the o f f i c i a l language i s Bengali, people r e f e r to the r i v e r as the Ganga although o f f i c i a l l y the a n g l i c i z e d name has been retained. In t h i s t h e s i s , the name Ganges w i l l be used t o a v o i d c o n f u s i o n . 9. Encyclopaedia 10. Ibid. 11. Ibid. B r i t a n n i c a p.879. 12. In the terminology of f l u v i a l morphology, right-bank t r i b u t a r i e s r e f e r to those which join the mainstream on the right i f one stands with h i s back to the source and looks downstream. By t h i s method, the r i v e r s j o i n i n g the mainstream on the l e f t a r e c a l l e d the l e f t - b a n k t r i b u t a r i e s . 13. See footnote 12. 14. Encyclopaedia B r i t a n n i c a , op. cit. p.879. 15. Nafis Ahmed, An Economic Geography of Bangladesh D e l h i : Vikas P u b l i s h i n g House, 1 976) , p. 9. ' ,(New 16. O.H.K. Spate, A.T.A.. Learmonth, and B.H. Farmer, India, Pakistan and Ceylon: The Regions, (London: Methuen and Co. L t d . , 1972), p.574. ~ 17. N a f i s Ahmed, op. c i t . , p.18. 18. In the d e l t a region of Bangladesh, g r a d i e n t i s f i v e inches per m i l e . the average seaward 19. The word "Partition" r e f e r s to the c r e a t i o n of two new n a t i o n s - - I n d i a and Pakistan--from the s i n g l e Dominion of India in August 1947. 20. A cusec equals 1 cubic foot per second. In f l u v i a l morphology, a cusec i s a measure of the volume of water i n c u b i c feet f l o w i n g through a p a r t i c u l a r c r o s s s e c t i o n of a r i v e r i n one second. 21. I s h t i a q Hossain, "Bangladesh-India R e l a t i o n s : Issues and Problems," Asian Survey, V o l . XXI, No. 11, November 1981, 20 pp.1115-1128. 22. C.J. Mohan, "Problems of Navigable Approaches to the Port of C a l c u t t a , " C a l c u t t a Port Annual, 1958, p.192. 23. Jayanta Kumar Ray, International Studies, V o l . 24. S.K. Nag, "The Annual, 1970, p.159. "The Farakka 17, (1978): 239. Study of the Agreement," Hooghly," C a l c u t t a Port 25. A report w r i t t e n by C y r i l R a d c l i f f e on the Bengal. See P a r t i t i o n Proceedings, No. 2, p.49. partition 26. I n d i a . M i n i s t r y of Information and B r o a d c a s t i n g . Reference Annual, 1969 p.295 27. in of India: A Ibid. 28. For a d e t a i l e d list of Bangladesh's complaints, see Government of Bangladesh, Ministry of Foreign Affairs publication White Paper on the Ganges Water Dispute Dhaka, September 1976. 29. Ibid. See a l s o Jayanta Kumar Ray, 30. " I n d i a : A Reference Annual op. op. c i t . cit. , p.295. 21 II. INTERNATIONAL RIVER DISPUTES AND BARGAINING STRATEGIES: SOME THEORETICAL CONSIDERATIONS International r i v e r disputes contemporary world scene. The world's made population commodity. The means to make However, vitally has are a common phenomenon i n alarming rate of fresh more efficient use of use makes these waters n a t i o n a l water r e s o u r c e s . to of overcome than p h y s i c a l ones. it of an valuable provided the resource. 1 states exploitable boundaries are is basin to than present real often more d i f f i c u l t not at all to surprising, there should be a problem of sharing Farakka Barrage d i s p u t e p r i m a r i l y a r i v e r dispute analyse the d i s p u t e as states. I aim It w i l l i s any the waters solution depend the c o - r i p a r i a n s , in any river In on the order to theoretical disputes as dispute u n i t s as opposed to two a The which which occurs between sovereign s t a t e - - t h e which are hydrologic-economic. between Bangladesh i s with r e l a t i o n s between unequal r i v e r dispute or more sovereign p o l i t i c a l one neighbours. international river soon be c l e a r that autonomous u n i t s w i t h i n and i n t h i s chapter to e l i c i t from l i t e r a t u r e d e a l i n g is i n t e r n a t i o n a l — t h a t equitable between India between two f o r m u l a t i o n s from work done on two the i n t e r n a t i o n a l r i v e r between r i p a r i a n s t a t e s . The well very vital readily Political and that this getting less use therefore, efficient of of i n t e r n a t i o n a l f r e s h waters i s a l s o important, the d i f f i c u l t y obstacles a r a p i d advancement of technology has although the cooperate water growth the chances number of f a c t o r s not o v e r a l l state stakes involved of or more of an a l l of relations f o r each of them, 22 their general techniques they bargaining the f i n a l foreign policy chose to objectives, employ c h i p s each holds, may outcome. According and, a l s o be the bargaining more importantly, important to David G. the factors in LeMarquand: The complex i n t e r n a t i o n a l p o l i t i c a l r e a l i t y i n a basin is often unrelated to a n a t u r a l system. Demands on the shared resources d i f f e r between basin countries due to many f a c t o r s i n c l u d i n g p o p u l a t i o n growth, economic development, c u l t u r a l practices, foreign policy objectives, and the availability and a c c e s s i b i l i t y of other domestic water r e s o u r c e s . 2 It i s not s u r p r i s i n g , t h e r e f o r e , that s o l u t i o n s to i n t e r n a t i o n a l river disputes encompass much more than purely hydrologic- economic i s s u e s . Although disputes my the literature i s vast and contention, planning open and and long and d e t a i l e d , most of however, r i v e r d i s p u t e s are the that The i t is legalistic. of years disputes f i n a l outcome i s more a of the most comprehensive works on has been w r i t t e n by David G. is self-interested bargaining, result of both short river is disputes that, while hydrologic-economic i s s u e s , he considerations. international LeMarquand. from other authors d e a l i n g the It term p o l i t i c a l c o n s i d e r a t i o n s a f f e c t i n g the d i s p u t i n g LeMarquand apart solution of strenuous p o l i t i c a l r i p a r i a n s than i t i s of hydrologic-economic One international river most s o l u t i o n s to i n t e r n a t i o n a l results lobbying, and secret. d e a l i n g with with r e c o g n i s i n g the importance, What sets international importance of s t r e s s e s the point that the i s the r e s u l t of p o l i t i c a l c o n s i d e r a t i o n s . latter's 3 river he divides To relationships final clarify among 23 international a) p u b l i c co-riparians i n t o the f o l l o w i n g resources; c) integrated d) upstream-downstream c o n f l i c t . " development o p p o r t u n i t i e s ; first cooperation two among relationships basin s t a t e s . e x i s t s when a l l s t a t e s to the other on relationship, share A "public resource may users' an i s able detriment. approximation international i s involved. to relationship access to the to exploit the States' navigation of a public river. The when goods second two action In t h i s i n s t a n c e , use of by one country may d i m i n i s h the b e n e f i t s eventually a l l riparian river, a l l will water. the goods" "common pool r e s o u r c e s , " occurs also example, the conducive states a r i v e r or lake as a boundary, but no upstream-downstream relationship but most have equal and u n r e s t r i c t e d r i g h t s represent the c l o s e s t relationship and are resource, and when none of the s t a t e s resource categories: goods; b) common pool The four On the harm i t s own basin s t a t e s suffer other from hand, conflict relationships, l e s s as one the resource reduced without an quality a l l w i l l benefit In t h i s category I f , for of the from concerted of disputes, high because the through c o o p e r a t i o n . arise in the the chances of r e a c h i n g e a r l y country to the others interests. to reach agreement w i l l be q u i t e w i l l benefit Should common c o u n t r i e s dispose of t h e i r e f f l u e n t s i n to reduce the e f f l u e n t s . incentives the i s able to agreement. third and settlement are much receive benefits In third the fourth from category the of 24 " i n t e g r a t e d development o p p o r t u n i t i e s , " two are in an upstream upstream-downstream country providing may benefits decide to to build itself, forms. example benefit. The latter benefits for riparians actions. the a river. dam which, brings is undertakes An while benefit country received The main problem here l i e s by to a a good the p r o j e c t and which from the the upper i n c a l c u l a t i n g an " e q u i t a b l e d i v i s i o n of c o s t s and b e n e f i t s " between which countries upstream country w i l l want to downstream pay on Flood c o n t r o l reach an agreement with the will a also in c e r t a i n such more relationship downstream country of or the country the country which p r o f i t s as a result. The are i n f i n a l category can a l s o be found where the basin s t a t e s an upstream-downstream relationship. however, the upstream country uses a r i v e r Its utilisation for i t s sole makes consumptive use interests i f , for water satisfied. agreement such that own the In such cases, the economic i n c e n t i v e s to are extremely users' may example, flow of reach be an low because the upstream s t a t e r e c e i v e s demands. The in accordance dispute between Bangladesh over s h a r i n g of the Ganges waters f a l l s category of hydrologic-economic LeMarquand's profit. the downstream country's needs cannot maximum b e n e f i t by e x p l o i t i n g the r i v e r its case, (such as f o r i r r i g a t i o n ) of the water, d i v e r t s i t , p o l l u t e s i t e x c e s s i v e l y , or r e g u l a t e s the this does not b e n e f i t the downstream country and well be d e t r i m e n t a l to the l a t t e r ' s it In typology with India in t h i s only and last relationships. is helpful i n s o f a r as i t s p e l l s out 25 which d i s p u t e s can be solved e a s i l y and degree of d i f f i c u l t y . examination of case reveals that studies of upstream-downstream to cooperate. set of i n t e r n a l and the which upstream may have These types other persuade the down to agreed to d e s a l t Mexico in f o r these the Colorado agreements, LeMarquand o f f e r s a e x t e r n a l v a r i a b l e s which the countries have to take generally important to to international policy a specifically, to riparian(s), formulation. foreign its policy willingness areas of mutual to LeMarquand 7 in certain depending on the contends non-executive refer objectives and, concern about i t s link principles the with the value that this situation, riparian the brings co- i t places cluster v a r i a t i o n s for d i f f e r e n t specific dispute. factors concern i t s d e s i r e f o r r e c i p r o c i t y , and acts While and such f a c t o r s as a country's other sovereignty. s o l u t i o n or on a r i v e r External 6 policy-making image, i t s w i l l i n g n e s s to adhere to the with variables domestic repercussions country's of i n t e r n a t i o n a l law, dispute of decision-makers into consideration. include bureaucratic, executive, approaches and, conflicts As an example he c i t e s the case I n t e r n a l f a c t o r s r e f e r to the types on greater 5 As an e x p l a n a t i o n of ones which may S t a t e s and Mexico where the U.S. part of the water i t passes River. a agreements have been reached, there must be country of the United with He a l s o s t a t e s that s i n c e even a cursory f a c t o r s besides hydrologic-economic upstream which of conflicts about a non-solution. there can be no doubt about the c o n t r i b u t i o n of 26 LeMarquand's typology potential I i n t e r n a t i o n a l river disputes and their f o r r e s o l u t i o n , h i s a n a l y t i c framework i s by no means all-encompassing. but of want To be f a i r , LeMarquand admits t h i s to point out some of the terms and himself; 8 concepts he has s t a t e s that in used which, I b e l i e v e , need some e l a b o r a t i o n . LeMarquand makes a keen o b s e r v a t i o n an upstream-downstream c o n f l i c t , f o r cooperation there when he i s no economic when an upstream country uses an international river to the detriment of the downstream country and has r e c i p r o c a l power over the no former. ambiguous i n i n t e r n a t i o n a l p o l i t i c s and been able to give power i n the 9 The the to t h i s day One s t a t e s that nobody has definition of i t i s the c a p a c i t y of a s t a t e to c o n t r o l the behaviour of o t h e r s . has certain attributes: resources, industrial population usually capacity, not always that intangible defines as supports the war" are form the core of "power a t t r i b u t e s . " Most concepts degree another however, give the The such of as perceive b a s i s of our one tangible its of 1 1 attributes Morgenthau, f u r t h e r , argues national determination element impression a r e l a t i o n a l context, that we however, that such f o r e i g n p o l i c i e s of yet natural and c o n s t i t u t e power. "the Power 1 0 advantage, military general capability, authors a l s o recognise, may geographical latter term power i s very i t a s a t i s f a c t o r y meaning. i n t e r n a t i o n a l context incentive morale with which a government power. which 12 in he nation peace and These a t t r i b u t e s , that power i s a s t a t i c concept. In power assumes a p s y c h o l o g i c a l dimension in country to be more powerful than perception, another. however, i s based on a comparative 27 assessment of countries. S u l l i v a n makes an "one should liabilities the attributes focus on of certain attributes, r e l a t i n g to the power r e l a t i v e and contest between "powerful" will two of countries," assessment. countries, automatically the be contention (unless that country former) becomes ambiguous. the downstream country to relative the term: all has on is more Seen i n t h i s country negotiate a in upstream-downstream c o n f l i c t 1 between unequal elsewhere: is 15 relations apply to a countries b a r g a i n i n g power Asymmetric Other unequal neighbours. Canadian-American conclusions two the have equal upstream scholars group from C a r l e t o n U n i v e r s i t y have conducted between two not It relationships in the works of i n t e g r a t i o n s c h o l a r s such Keohane and Joseph Nye. " relations power over do of unequal of "asymmetric dyads." prominently downstream situations. r e l a t e d to the concept i s the concept a settlement. respective Closely of "Power" must i n c l u d e the c a p a c i t y of b a r g a i n i n g power v i s - a - v i s t h e i r their not upstream reciprocal countries on that the "winner." downstream on and that i n a s p e c i f i c country about why no economic i n c e n t i v e to n e g o t i a t e where t h i s country i s country Robert these Power, t h e r e f o r e , 13 using an i n t e r n a t i o n a l r i v e r to the detriment figure by c e r t a i n a s s e t s or i t i s by no means guaranteed context, LeMarquand's having possessed i n t e r e s t i n g p o i n t when he asks others when making a comparative is power such the extensive research c o u n t r i e s , and specifically, Although t h e i r work between the asymmetric as as years dyadic is based 1963-1972, relations 28 ....(the theory) provides a context f o r the a n a l y s i s of s h i f t s i n i n t e g r a t i o n and the quest f o r enhanced autonomy i n Canadian-American relationships. (In a broader sense), the h i s t o r y of this particular relationship serves as a r i c h i l l u s t r a t i o n of dyadic r e l a t i o n s where the subordinate country continues to be attracted to the s u p e r o r d i n a t e one as a r e s u l t of expected economic gains, while p e r i o d i c a l l y t r y i n g to reassert an arm's l e n g t h r e l a t i o n s h i p with the l a t t e r in order to a v o i d the p e r c e i v e d p o l i t i c a l c o s t s of increased i n t e g r a t i o n . 1 6 What emerged most discrepancy between integration and policy. how clearly from growing t h e i r a n a l y s i s was Canada-United continuing Based disintegration i s s u e s are aim on Lemarquand's category in this section upstream-downstream country. to conflict Before proceeding, of psychological to art and afford p o l i c i e s i n peace or w a r . " words, implementation out is leaves strategy upstream-dowstream of asymmetric with a dyads, 17 of the The have term " s t r a t e g y " i s employing military to superordinate/upstream the political, f o r c e s of a n a t i o n or a maximum support to adopted S t r a t e g y i s a l s o d e f i n e d as the a r t of d e v i s i n g or employing plans or stratagems other of there are c e r t a i n terms which d e f i n e d as "the science and group of n a t i o n s realm adopt i n seeking a s o l u t i o n be d e f i n e d to c l a r i f y t h e i r meaning. economic, the to o u t l i n e a set of s t r a t e g i e s that a subordinate/downstream s t a t e may an in economic settled. c o n f l i c t s and the C a r l e t o n group's concept I States S u r p r i s i n g l y , however, what t h e i r study specific a notable involves both toward a g o a l . the planning of a s t a t e ' s course of a c t i o n s i n i t s e f f o r t s achieve a s o l u t i o n to a d i s p u t e i t has with another state. 1 8 In and to 29 S t r a t e g i e s may be implemented through p e a c e f u l means (e.g. n e g o t i a t i o n ) or through the conduct of war. of power relations between o f t e n the weaker s t a t e in strategies limited. it different is that relations. threatens By finds against the consideration categories riparian means. T h i s i s not fought over the For intended of theory number dispute and the s o v e r e i g n t y reasoning, usual f o r a unless the international rights.' 9 to achieve. river little category implying wars Usually, to have that two to s e t t l e an that the not been however, s t r a t e g i e s the objectives they fall who into of f o r e i g n p o l i c y o b j e c t i v e s of a states rarely, i f ever, wage war international river i s a l s o the more powerful likelihood disputes T h i s i s s u b s t a n t i a t e d by H o l s t i In a s u p e r o r d i n a t e - s u b o r d i n a t e riparian latter of the former in a t a n g i b l e to say, however, that riparian a g a i n s t each other of s t a t e s are not u s u a l l y s e t t l e d through v i o l e n t "middle-range" s t a t e thereby evoke practice contends that i n t e r n a t i o n a l r i v e r d i s p u t e s o r d i n a r i l y the of discussing i n s t a n c e , i t i s not adopted by c o u n t r i e s are p r o p o r t i o n a t e are the when a g a i n s t another country same between that i t s preponderant neighbour i s different to launch war directly dyad important realities unequal s t a t e s , however, very r e a c t i o n s by s t a t e s in international way. use Another strategies country can a two Given the dispute. 2 0 r e l a t i o n s h i p where the upper of the two downstream states, there is s t a t e would achieve a r e s o l u t i o n of the r i p a r i a n d i s p u t e by employing s t r a t e g i e s which c o u l d l e a d to war. powerful country Pursuing a violent would not only f a i l strategy against to achieve a more i t s objective, 30 the subordinate country may in areas Another which it important discussing considers v i t a l factor strategies configuration which is open to be tends survival. remembered while country, how pressures to i t s n a t i o n a l must that generally superordinate/upstream specific a l s o leave i t s e l f the to while overall power favour the t h i s a f f e c t s the outcome of " m i d - l e v e l " d i s p u t e s v i s - a - v i s a weaker country no means c e r t a i n . According to Keohane and is by Nye: The t r a n s l a t i o n from c a p a b i l i t i e s to outcomes depends on the political process. Skill in political bargaining affects the translation. States with intense p r e f e r e n c e s and coherent positions will bargain more e f f e c t i v e l y than s t a t e s c o n s t r a i n e d by domestic and t r a n s n a t i o n a l a c t o r s . 2 1 T h e r e f o r e , i f the subordinate/downstream country can prepare i t s strategies carefully preponderant an and with its achieve optimal s o l u t i o n to the r i p a r i a n d i s p u t e d e s p i t e the overall In country in their an relations. upstream-downstream conflict upstream country. the upstream convince suits the interest the the subordinate/downstream of the the downstream country country upstream country that as a r e s u l t of the u n i l a t e r a l a c t i o n taken by the l a t t e r on an i n t e r n a t i o n a l i s being a d v e r s e l y a f f e c t e d . f i r s t phase of the d i s p u t e . persuade of the The o b j e c t i v e of the downstream country i s , therefore, twofold: f i r s t , to where i s using an i n t e r n a t i o n a l r i v e r to the detriment downstream country, the s t a t u s quo has effectively i t i s q u i t e p o s s i b l e that i t can inequality neighbour, bargain The T h i s i s the o b j e c t i v e i n t h i s phase the superordinate/upstream river, is to country to acknowledge that 31 a problem indeed e x i s t s . superordinate/upstream The second country phase begins acknowledges problem and agrees to n e g o t i a t e with the that once the there is a subordinate/downstream country. The subordinate downstream country s t r a t e g i e s i t can employ to i n f l u e n c e the country to cooperate. In order to has a variety of superordinate/upstream make the upstream acknowledge that a problem indeed e x i s t s , the lower country riparian may do the f o l l o w i n g t h i n g s : 1) It may with lodge a formal complaint regard to the with the upper r i p a r i a n latter's unilateral i n t e r n a t i o n a l r i v e r emphasising that harm state. to the lower riparian such irrigation action This Pakistan which p r o t e s t e d a g a i n s t I n d i a ' s action on would was cause the case of (in P a k i s t a n ) . 2 2 Lodging West with developing respond diplomatic c o n s t i t u t e s an courtesy. It Punjab and a formal complaint with the upper r i p a r i a n compels that country to also in the interest important solution to however, i s to s i g n a l the dispute. i t s concern The to the primary upstream of first step i n the downstream country's o v e r a l l s t r a t e g y to achieve optimal an systems on the Indus River l a r g e l y to meet the needs of East Punjab ( i n India) to the e x c l u s i o n of Sind action state an objective, country and persuade i t to n e g o t i a t e . 2) The subordinate/downstream notes emphasising objective country may the l e g a l r i g h t s of exchange d i p l o m a t i c lower riparians. 2 3 The of t h i s s t r a t e g y i s to keep channels of communication with the upstream country open. The upstream country usually 32 responds supports The by citing an exchange The of diplomatic notes also second phase d i p l o m a t i c technique of country subordinate/downstream 2 signifies that the begins when the negotiate with the the dispute agrees to country. Negotiation advancement through i s d e f i n e d as a f o r the p e a c e f u l settlement of n a t i o n a l i n t e r e s t s . n e g o t i a t i o n are accomplished by compromises reached dispute. * i s w i l l i n g to n e g o t i a t e . superordinate/upstream the norm or precedent which i t s own p o s i t i o n i n r e l a t i o n to the s p e c i f i c upstream country and international direct personal of differences The o b j e c t i v e s of and contact. accommodations Reaching agreement through n e g o t i a t i o n i m p l i e s a w i l l i n g n e s s on both s i d e s t o mutually acceptable concessions ( q u i d pro quo ). make Ultimatums, t h r e a t e n i n g speeches, boycotts and walkouts are o f t e n r e l a t e d to n e g o t i a t i o n and may a f f e c t its ultimate success or failure. S k i l l f u l n e g o t i a t i o n i n v o l v e s agreement at the l e a s t cost leaving the relations. The other side relatively (while s a t i s f i e d ) to good f u t u r e 2 5 w i l l i n g n e s s of the superordinate/upstream country to n e g o t i a t e , however, should not be a u t o m a t i c a l l y i n t e r p r e t e d as a sincere In fact, desire to achieve i t may procrastination. agree The a s o l u t i o n to the r i p a r i a n to negotiate upstream i n f l u e n c e d by a few important In between and the United government entered States country's factors. be concerned about i t s image. with the the intent decision First, will t h i s country Colorado Mexico, dispute. the River United of be will dispute States i n t o n e g o t i a t i o n with Mexico d e s p i t e the f a c t 33 that i t had no economic i n c e n t i v e to do so. felt that by pursuing its own The interest, United States i t would damage i t s r e l a t i o n s with Mexico and i t would p r o j e c t to the r e s t of America world and the third country that pursues consequences a neighbour i t s own the image of a s t r o n g powerful national i n t e r e s t heedless to i t s poorer n e i g h b o u r s . on an i n t e r n a t i o n a l r i v e r concessions on other b i l a t e r a l arrangements or support may 2 7 According scheme may for a multilateral to H o l s t i , In countries trade of isolation" the i s more common. In the second begins, United the where States issue of relations and Canada, good f a i t h s t r a t e g i e s may to area phase of the d i s p u t e , when a c t u a l n e g o t i a t i o n achieve cooperative those achieve an state can employ c e r t a i n solution coercive. are i t s objective. to to the into two Cooperative employed i n a gesture of a l s o i n c l u d e responses superordinate/upstream optimal and which subordinate/downstream country in more "issue These s t r a t e g i e s can be c l a s s i f i e d are is communication, riparian strategies areas are to categories: areas conflict s t r a t e g i e s i n order broad policy. 28 subordinate/downstream dispute. trade l i n k a g e between p o l i c y r o u t i n i z e d and where there i s a t r a d i t i o n of easy such as between the be used to gain i s s u e s , such as f a v o u r a b l e be t y p i c a l of c o u n t r i e s where a high l e v e l characteristic. of Second, agreement with 26 LeMarquand c a l l s t h i s connection i n b a r g a i n i n g "linkage." Latin by cooperation Coercive and As such c o o p e r a t i v e queries made by country p e r t a i n i n g to t e c h n i c a l or aspects of the r i p a r i a n d i s p u t e . the strategies, on the legal the 34 other hand, are those subordinate/downstream which state are to state Coercive strategies be i m p l e m e n t e d negative inducements. in the nature of a quid country may exchange fora inducements and may dispute offer include the those The following conflict riparian which involve lists country with adopt a preponderant 1.formal Stage into country. strategies an a upstream- CONFLICTS Strategies of diplomatic 3.talks between 4. j o i n t survey notes leaders 5. e x c h a n g e of t e c h n i c a l data 6. p e r s u a d e the upstream state solution the protest 2.exchange Negotiation in measures neighbour. Cooperative Stage party probable may Negative retaliatory third are i t wants i n dispute. by a s t r o n g e r table which or t h e downstream to UPSTREAM-DOWNSTREAM Pre-negotiation are those of the subordinate/downstream subordinate/downstream downstream the dispute. country something which the by t h e u s e o f p o s i t i v e I n o t h e r words, the the on upstream intervention at the behest to resolve inducements p r o quo. solution are i n order Positive by put pressure superordinate/upstream may employed i s beneficial that f o r longer term 35 Coercive Intra-issue 7.pressure i s o l a t ion) (issue-area Strategies t o upgrade 8.retaliation upstream Pressure talks (project harmful country 9.internationalization organisation, 10. m u s t e r support (regional, 11. m o b i l i z e public to (regional U.N., ICJ, etc.) from other powers international) domestic and international opinion Extra-issue (i ssue-area linkage) 12.Positive and n e g a t i v e economic sanctions analysing Before to remember that these while a l l subordinate/downstream individually of their relations between a of climate strategies solution the including strategies Since have mutual a better lodging objective formal When, f o r some of on For instance, tradeoffs and worthwhile or dispute failure state of when there is achieve reason, the the relations, may by of the the success depends suspicion chance be c a n be u s e d the course bilateral economic to the dispute. by during combinations, in i t would strategies the c o - r i p a r i a n s . confidence characterised these country or i n c e r t a i n achieving strategies, cooperative an optimal relations hostiltity, are coercive succeeding. complaints and exchange of diplomatic 36 notes have a l r e a d y been d i s c u s s e d , we w i l l s t a r t with the t h i r d s t r a t e g y on our l i s t . A. COOPERATIVE STRATEGIES 3) I t i s always always f r u i t f u l hold formal issues. were or informal I f the leader to hold treated as one of two the talks subordinate/downstream with country, his the of many "problems." will river have the strategy. Mexico) s t a t e v i s i t deadlock 2 9 In authority 1972, dispute It must be remembered, to when the whom Farakka the cooperate, make the compromises flexible Echeverra's (of however, 3 0 that a breakthrough project t o the superordinate/upstream in i s of low state. Barrage dispute to by speed For up negotiations promoting t a l k s t o the Indian engineers and West project had Bengal politicians a high p r i o r i t y prevented d i s c o u r s e between m i n i s t e r s from both c o u n t r i e s f o r ten y e a r s . 3 1 4) The subordinate/downstream country may suggest of i n order to ensure e f f i c i e n t the be P r e s i d e n t Ayub (of P a k i s t a n ) and Prime M i n i s t e r ministers' level, to President issue. Jawaharlal Nehru (of India) decided over could to develop a i s p o s s i b l e only when the r i v e r or m i d - l e v e l p r i o r i t y instance, the t o Washington and t a l k s with Nixon broke the on the Colorado s a l i n i t y negotiations in Besides, where there i s a necessary to reach agreement, or at l e a s t bargaining to country counterpart strong commitment by the n a t i o n a l l e a d e r s h i p to negotiators states t a l k s over a wide range of b i l a t e r a l of superordinate/upstream for leaders international river management of the r e g i o n ' s water resources. This joint survey joint constitutes 37 the o v e r a l l s t r a t e g y body to ensure rivers. of the downstream equitable d i s t r i b u t i o n of b e n e f i t s from common In the Canadian-American case, the I n t e r n a t i o n a l Commission was set up Boundary Waters T r e a t y . the border I t s f u n c t i o n s are to approve or r e j e c t 3 2 governments, solutions and, to to at the conduct water Joint in 1909 under the Canada-United S t a t e s p r o j e c t s that w i l l a f f e c t the n a t u r a l at country to c r e a t e a j o i n t l e v e l of request of investigations resource and the that other will recommend boundary problems. ensure smooth n e g o t i a t i o n or even proper t e c h n i c a l e v a l u a t i o n even i f such a either side does national a data. body two waters However, the c r e a t i o n of available joint boundary not necessarily In a h o s t i l e s i t u a t i o n , i t i s more l i k e l y joint would body were reflect the created, opinion representatives of their The c r e a t i o n of a j o i n t body, however, i s inasmuch it riparian lends data i t may country may do on i t s own initiative state's or request. t e c h n i c a l data c o n s t i t u t e s the downstream continue offer negotiations on in response Most to the state's strategy to the one hand, and a l s o to dispose of i n t e r n a t i o n a l river disputes years and even decades of n e g o t i a t i o n . by exchange An o f f e r to exchange t e c h n i c a l problems i n an e f f o r t to seek a p o l i t i c a l other. to p e r t a i n i n g to the p a r t i c u l a r r i p a r i a n d i s p u t e . superordinate/upstream caused helpful dispute. technical the of an i n s t i t u t i o n a l outlook to r e s o l v i n g a 5) The subordinate/downstream This that respective governments. as of 3 3 solution on are s e t t l e d a f t e r The delay is primarily the massive amount of t e c h n i c a l data that have to be 38 c o l l e c t e d , produced, s c r u t i n i z e d and evaluated before a s o l u t i o n can be reached. The exchange of t e c h n i c a l data, however, can be turned a double-edged weapon by the superordinate/upstream so chooses. Sometimes conflicting s i d e s can c r e a t e a deadlock data state produced in negotiations. If into if it by the two the upstream country decides to p r o c r a s t i n a t e , there i s a good chance that i t will demand more and more " r e l e v a n t " data from the downstream state. 6) The subordinate/downstream country may appeal to the upstream country saying that r e s o l v i n g the r i p a r i a n d i s p u t e w i l l be in the country. the long-range interest fact of the superordinate/upstream In many asymmetric dyadic r e l a t i o n s around the world, p o p u l a t i o n i n the subordinate/downstream s t a t e i s i n a l e s s favourable economic situation superordinate/upstream neighbours, States, compared country. as i s the case with, then people If with that these say, Mexico of country country of and i n t h e subordinate counry greater ordinarily population the living cope does not with want illegal opportunity. to take United near the move to The upstream in additional immigration. The i n f l u x of people c o u l d c r e a t e economic as w e l l as p o l i t i c a l problems f o r the or economic the c o u n t r i e s are border of the superordinate country, may be tempted to the in s u p e r o r d i n a t e country. The n e g o t i a t o r s from the downstream country may convince the government of the upstream country that i t s u n i l a t e r a l a c t i o n on worsen the economic the international situation in the river downstream could only country. 39 Therefore, would long B. an e q u i t a b l e also be and immediate s o l u t i o n 3 COERCIVE STRATEGIES category outside the tradition of strategies state issue area. of may be within the In the case of two strained extra-issue often. 3 applied or issue-area by the issue area i t s e l f or s t a t e s which have a easy communication, quid pro quo area i s more common whereas between two states linkage within the issue where relations i s p r a c t i s e d more 5 Intra-issue The linkage subordinate/downstream state may put pressure on superordinate/upstream s t a t e to upgrade t a l k s from the bureaucrats to the leaders of some p o i n t s instance, the if they are with the negotiating l e s s than the amount i t had upstream quantities the be state. For of flow of an have to accept a originally i n t e r e s t of a quick s o l u t i o n which can political In order even have to concede i n t e r n a t i o n a l r i v e r , the downstream country may quantity of arrange a t a l k between c o - r i p a r i a n s t a t e s or may in i t s n e g o t i a t i o n s the level l e v e l of p o l i t i c a l decision-makers. to do t h i s the downstream country may the problem to the advantage of the upstream country in the subordinate/downstream 7) the term. " This are to demanded. found only at In the l e v e l , however, t h i s c o n c e s s i o n i s very minor. 8) The a p r o j e c t of subordinate/downstream s t a t e may i t s own with the sometimes go ahead i n t e n t of p u t t i n g pressure on upstream s t a t e . T h i s of course depends on the of topography their terrain. For the two countries instance, if with the and the 40 downstream country were s t o r e the waters of the release it in such i n a p o s i t i o n to b u i l d a r e s e r v o i r to international a manner as river to in question cause harm to crops by f l o o d i n g areas upstream, the upstream country might be to s e t t l e the o r i g i n a l d i s p u t e . country will project and depend its on The the perception reaction technical of the downstream country to see the p r o j e c t 9) The Although arbitration, the upstream determination of country may t h r e a t e n the upstream be p r o g r e s s i n b i l a t e r a l n e g o t i a t i o n s once the r a i s e s the q u e s t i o n of a r b i t r a t i o n . and hostility the through. both p a r t i e s have to agree upstream suspicion the i t s i n t e n t i o n to s e t t l e the d i s p u t e arbitration. mutual of persuaded f e a s i b i l i t y of such a subordinate/downstream country may country by d e c l a r i n g and to through submit to persuaded to make downstream country In a dyadic s i t u a t i o n where r e i g n supreme, a r b i t r a t i o n p r o v i d e a f r u i t f u l method of r e s o l v i n g a r i p a r i a n d i s p u t e . was how I960. 10) India and P a k i s t a n signed the Indus Waters may This Treaty in 36 The downstream domestically government and of country create the may politicize unfavourable upstream the r i v e r d i s p u t e opinion country. of m a i n t a i n i n g c o r d i a l b i l a t e r a l r e l a t i o n s and a l s o to preserve the persuaded project upstream to s e t t l e the r i p a r i a n d i s p u t e . country may However, i f the be river i s of top p r i o r i t y to the upstream country t h i s s t r a t e g y is l i k e l y to 11) downstream The the the the interest image of a " f r i e n d l y " neighbour, In against fail. country may create unfavourable o p i n i o n 41 i n t e r n a t i o n a l l y against the upstream country by latter's unilateral action unethical, i l l e g a l and a v i o l a t i o n of human r i g h t s . done by i n t e r n a t i o n a l i z i n g the s a i d than done. General long The and tedious against stages of the The of the final issue comes a vote. remain uncommitted. superordinate. for s i n c e r e l y b e l i e v e that country a bilateral easier through can issue. number Because Assembly of of sure of the states this, wording even may if the i t i s quite decide to not want to antagonize the a number of reasons. international issue and several expect to come up Once i t comes to a vote, an be of the upstream s t a t e at General through b i l a t e r a l n e g o t i a t i o n . the lobbying These s t a t e s may state T h i s can as issue of t h i s type i n the never be e n t i r e l y r e s o l u t i o n in the to river T h i s , however, i s from r e p r e s e n t a t i v e s p o s s i b l e that a s i g n i f i c a n t essentially of downstream s t a t e can the Nations, f o r example, i n v o l v e s a i n t e r n a t i o n a l i z i n g the downstream international b r i n g i n g up of an process opposition the issue. Assembly of the United subcommittees. all on portraying should First, riparian they may dispute is t h e r e f o r e be Second, by v o t i n g in resolved favour of downstream country they might antagonize the upstream s t a t e with which they may Third, some of have economic and/or these c o u n t r i e s may political relations. have s i m i l a r problems with t h e i r neighbours where t h e i r own p o s i t i o n s are e q u i v a l e n t superordinate/upstream c o u n t r y . These s t a t e s do taking sides in the dispute, to create an precedent which might l a t e r c o n f l i c t with t h e i r finally, it must be kept in mind that not to the want, by international interests. any And international 42 o r g a n i s a t i o n operates not on the b a s i s of e q u a l i t y b a s i s of the power wielded by member s t a t e s . may combine in There internationalization. gets resolutions a obligatory. A l l these factors vote, nature Therefore, itself negotiations additional problem with In the u n l i k e l y event that the downstream this country may f i n d resume is favourable of on the favour of the upstream s t a t e when the issue i s internationalized. country 3 7 but are most U.N. General recommendatory Assembly rather than i t i s very l i k e l y that the downstream i n the unenviable p o s i t i o n of having with the upstream state after to spending months of hard work and money i n i t s e f f o r t s to i n t e r n a t i o n a l i z e the issue. Internationalization, therefore, downstream state employs in t a n g i b l e progress i n b i l a t e r a l state be takes the desperation. negotiations strategy When and which a there i s no the upstream a non-compromising stand, i n t e r n a t i o n a l i z a t i o n may way to internationalization, the only break riparian and may cause some embarrassment to country. is a For fear superordinate/upstream of t a r n i s h i n g the deadlock. Through d i s p u t e becomes p u b l i c i z e d the superordinate/upstream i t s international country may decide to agree image, the to an optimal s o l u t i o n to the i n t e r n a t i o n a l r i v e r d i s p u t e . 12) The subordinate/downstream s t a t e may a l s o the of government the l a t t e r very put pressure of the upstream s t a t e by approaching s t a t e through the superpowers. on the leader Although there is l i t t l e p r o b a b i l i t y of the superpowers doing anything on an official level, they may i n f o r m a l l y request the leader of the 43 superordinate/downstream equitably. pressure The on country t o s e t t l e the r i p a r i a n d i s p u t e subordinate/downstream the state superordinate/upstream other co-basin s t a t e s i n the r e g i o n . may state The also put by approaching superordinate/upstream s t a t e may f e e l threatened i f a l l the s t a t e s i n the region align themselves Bangladesh's Cooperation South in a proposal could formal or even i n f o r m a l o r g a n i s a t i o n . to create the South Asian Regional (SARC), a r e g i o n a l o r g a n i s a t i o n of a l l the s t a t e s of Asia, for instance, predominance by India was although viewed as a i t was to be threat an to i t s important member. 38 The above-mentioned s t r a t e g i e s may be used in combination to achieve with others by the an at l e a s t o p t i m a l s o l u t i o n to the I t must be remembered, in superordinate/upstream precludes be pursued different times and downstream Although however, relations the between a particular the country from pursuing many the aforementioned strategies may to the there are s t r a t e g y i s the only course of a c t i o n For i n s t a n c e , when there i s no progress i n b i l a t e r a l negotiation, open the subordinate/downstream stages of an upstream-downstream c o n f l i c t , when that by the subordinate/downstream country during the which i t can pursue. course the country the courses of a c t i o n . all state or inequality country subordinate/downstream equitable riparian dispute. overall i n d i v i d u a l l y or internationalization may be the only subordinate country d e s p i t e the f a c t that t h i s s t r a t e g y does not b r i n g about an immediate s o l u t i o n . Also, r e l a t i o n s between c o - r i p a r i a n s may vary during the course of the 44 dispute for d i f f e r e n t useful during reasons particular and some periods and strategies state for superordinate/upstream options open application country in prove f u t i l e at other times. T h e r e f o r e , although these s t r a t e g i e s are downstream may an to against the a upstream-downstream c o n f l i c t , the success or f a i l u r e of each alone or i n combination with others depends on the r e l a t i o n s between the two the p r i o r i t y river the superordinate/upstream project. The superordinate/upstream negative higher the country, the inducements subordinate/downstream it has country and country places on the priority placed by the more to in states positive be and/or offered order to by agree the to a settlement. The foregoing superordinate/upstream disputes will now approach versus be in a useful asymmetrical example of relationship. trying two The countries been thwarted signed i n 1977 there was in a 1971) However, when an have time T h i s was and India to reach interim between the governments of I n d i a and resolved. dyad structural treaty was Bangladesh, s p e c u l a t i o n from n e u t r a l q u a r t e r s that the problem been f i n a l l y the Barrage India-Bangladesh i n t h e i r e f f o r t s to persuade an e q u i t a b l e s o l u t i o n . analyse N e g o t i a t o r s r e p r e s e n t i n g Bangladesh (and t h e i r P a k i s t a n i predecessors before again to riparian i n i t i a t e d over the Farakka d i s p u t e between I n d i a and Bangladesh. is understanding subordinate/downstream applied n e g o t i a t i n g process which was to had u n f o r t u n a t e l y not to be because as soon as the t r e a t y e x p i r e d i n November, 1982, a Memorandum of 45 Understanding extended the p r e v i o u s t r e a t y f o r another in the absence of a comprehensive s e t t l e m e n t . explain both the achievement and solution. We and speculate task is to a permanent and w i l l a l s o analyse the a c t i o n s taken Bangladesh i n the context of the framework chapter years tenuousness of t h i s agreement and analyse the f a c t o r s which are o b s t r u c t i n g equitable Our 3 9 two on the laid down in p o s s i b i l i t y of a permanent e q u i t a b l e s o l u t i o n with India over s h a r i n g of the Ganges by this and waters. 46 NOTES 1. David G. LeMarquand, I n t e r n a t i o n a l R i v e r s : The P o l i t i c s of Cooperation, (Vancouver: Westwater Research Centre, 1 977) , p. 1 . 2. Ibid. 3. Ibid. LeMarquand presents an a n a l y t i c framework and d i s c u s s e s four case s t u d i e s using h i s framework to e x p l a i n each case. The four case s t u d i e s are : a. The Colorado s a l i n a t i o n problem between the United S t a t e s and Mexico. b. The Columbia River T r e a t y signed between the U n i t e d States and Canada. c. The Skagit V a l l e y and Ross Dam issue between the United States and Canada. d. The Rhine River p o l l u t i o n problem between S w i t z e r l a n d , West Germany, and the Netherlands. 4. Ibid • i p.8. 5. Ibid • t p. 1 0. 6. Ibid • / pp.15-20. 7. Ibid • i pp.12-15. 8. Ibid • i p. 1 9. 9. Ibid • / p. 1 0. 10. K.J . Holsti , I n t e r n a t i o n a l P o l i t i c s : A Framework f o r 3d. ed., (Englewood C l i f f s , New J e r s e y : P r e n t i c e Analysi s H a l l , Inc., 1977), p.165. 11. Michael P. S u l l i v a n , I n t e r n a t i o n a l R e l a t i o n s : T h e o r i e s and Evidence , ( E n g l e w o o d - C l i f f s , New J e r s e y : P r e n t i c e - H a l l , Inc., 1976), p.159. 12. Hans J . Morgenthau, for Power and Peace , 3d. p.131 . 13. S u l l i v a n , op. P o l i t i c s Among Nations: The S t r u g g l e ed., (New York: A l f r e d Knopf, 1965), c i t ., p.163. 14. Robert 0. Keohane and Joseph S. Interdependence: World P o l i t i c s i n T r a n s i t i o n Brown and Company, 1977). Nye, Power and , (Boston: L i t t l e 15. Michael B. Dolan, B r i a n W. Tomlin, and Harald von Reikhogff, " I n t e g r a t i o n and Autonomy i n Canada-United S t a t e s R e l a t i o n s , 1963-1972," i n Canadian J o u r n a l of P o l i t i c a l Science, June 1982, XV:2, pp.331-363. 47 16. Ibid ., pp.332-333. 17. Webster's T h i r d New I n t e r n a t i o n a l D i c t i o n a r y Language, Unabridged e d i t i o n , p.2256. 18. of the English Ibid. 19. The best example of an armed c o n f l i c t over an i n t e r n a t i o n a l r i v e r was the 1967 Middle East war between I s r a e l and Jordan. Although, the war ostensibly occurred over the waters of the River Jordan, i t i s c l e a r that there were other b a s i c political and r e l i g i o u s reasons. T h i s e s t a b l i s h e s the c o r r e l a t i o n between the level of hostility between two s t a t e s and the chances of armed c o n f l i c t . Hence, as a rule war does not take place between two s t a t e s over r i p a r i a n r i g h t s . 20. H o l s t i , op. c i t . , pp. 148-151. H o l s t i s t a t e s that these objectives are generally concerned with s a t i s f y i n g domestic, s o c i a l , and economic demands through i n t e r n a t i o n a l agreements or by m a i n t a i n i n g amicable r e l a t i o n s with neighbouring c o u n t r i e s . 21. Keohane and Nye, op. c i t . , p. 53. 22. J.D. Chapman (ed.), The I n t e r n a t i o n a l River Basin, (Vancouver: U n i v e r s i t y of B r i t i s h Columbia P u b l i c a t i o n s Centre, 1963), pp. 35-36. The Indus Waters Treaty was signed between India and Pakistan in September 1960. The t r e a t y c o u l d be negotiated only because both sides agreed to World Bank mediation and i n t e r v e n t i o n . 23. I n t e r n a t i o n a l Law A s s o c i a t i o n . H e l s i n k i Rules on the Uses of the Waters of I n t e r n a t i o n a l R i v e r s , (London: The International Law A s s o c i a t i o n , 1966), pp. 8-11. The H e l s i n k i Rules authored by the I n t e r n a t i o n a l Law Association (I LA) in 1966, provide the most important and widely accepted l e g a l g u i d e l i n e s f o r use in s e t t l i n g international river disputes. While the H e l s i n k i Rules do not have the force of i n t e r n a t i o n a l law, they have been both a p p l i e d and c i t e d in i n t e r n a t i o n a l and interstate river disputes The c e n t r a l u n d e r l y i n g p r i n c i p l e i s that each basin s t a t e i s e n t i t l e d w i t h i n its territory, to a reasonable and equitable share i n the b e n e f i c i a l uses of the waters of an i n t e r n a t i o n a l drainage basin. The downstream country usually f i n d s the " e q u i t a b l e and reasonable" c l a u s e of the H e l s i n k i Rules favouring i t s stand on an international river. 24. F.J. Berber, R i v e r s i n I n t e r n a t i o n a l Law, (New York: Oceania P u b l i c a t i o n s Inc., 1 959) , pp. 14-19. It i s i n t e r e s t i n g to note that amongst the innumerable volumes on norms and precedents on international river disputes, there i s almost always a norm or precedent which supports a p a r t i c u l a r state's position in a specific dispute. For instance, in d i r e c t o p p o s i t i o n to the Helsinki Rules' "equitable and reasonable apportionment" stands the p r i n c i p l e of "absolute s o v e r e i g n t y " or 48 "first principle." This principle was first espoused by American Attorney-General Harmon in 1895 in connection with the dispute with Mexico over the u t i l i s a t i o n of the Rio Grande. Harmon r u l e d that the U.S. c o u l d do whatever i t wanted with the waters of the Rio Grande w i t h i n U.S. territory regardless of any p o s s i b l e i l l - e f f e c t s the U.S. a c t i o n might have on Mexico. The Harmon D o c t r i n e , t h e r e f o r e , supports the upstream country's p o s i t i o n in an upstream-downstream c o n f l i c t although in recent times, t h i s r u l e i s h a r d l y c i t e d by any r i p a r i a n n a t i o n because of i t s i m p e r i a l i s t i c c o n n o t a t i o n . 25. Jack C. D i e t ionary, p.218. Piano and Roy Olton, The I n t e r n a t i o n a l R e l a t i o n s (New York: H o l t , Rinehart and Winston, Inc . , 1969), 26. LeMarquand, op. 27. I b i d . , p. c i t . , p. 12. 13. 28. K.J. H o l s t i and T.A. Levy, "Bilateral I n s t i t u t i o n s and Transgovernmental Relations between Canada and the United S t a t e s , " i n I n t e r n a t i o n a l O r g a n i z a t i o n , 28:4 (1974): 875-901. 29. LeMarquand, op. 30. Ibid. 31. See 32. LeMarquand, op. c i t . , p. 17. Chapter III of t h i s t h e s i s . c i t . , p. 56. 33. The Columbia River Treaty signed between the United States and Canada in 1961 was preceded by more than twenty years of n e g o t i a t i o n . The f i v e - year Ganges Waters Treaty signed between India and Bangladesh in November 1977 was preceded by twentyf i v e years of n e g o t i a t i o n and b a r g a i n i n g . 34. K.J. H o l s t i , "Canada and the U n i t e d S t a t e s , " i n Steven L. S p i e g e l and Kenneth N. Waltz ( e d s . ) , C o n f l i c t in World P o l i t i c s , (Cambridge, Massachusetts: Winthrop P u b l i s h e r s Inc., 1971), pT 384. Taking the Canadian-American s i t u a t i o n , H o l s t i maintains that Canadian n e g o t i a t o r s f r e q u e n t l y emphasise the nature of the Americans' own long-range interests. They appeal to the o p p o s i t i o n s ' s e l f - i n t e r e s t , but from a time p e r s p e c t i v e that may be d i f f e r e n t from that of American n e g o t i a t o r s . In an upstreamdownstream c o n f l i c t , n e g o t i a t o r s from the subordinate/downstream country may t r y a s i m i l a r b a r g a i n i n g p l o y . 35. H o l s t i and 36. See Levy, op. footnote no. c i t . , pp. 875-901. 24. 37. Mark W. Zacher, I n t e r n a t i o n a l C o n f l i c t s and C o l l e c t i v e S e c u r i t y , 1946-1977 , (New York: Praeger Publishers, 1979). 49 Zacher makes the point that the United Nations i s an i n s t i t u t i o n a l i s e d r e p r e s e n t a t i o n of the world's power brokers and not a g l o b a l p o l i c e s t a t i o n as i s commonly supposed. In t h i s sense, t h e r e f o r e , powerful c o u n t r i e s hold more sway even in the General Assembly. 38. The concept of South Asian Regional Cooperation was first proposed i n May 1980 by P r e s i d e n t Ziaur Rahman of Bangladesh. It i s i n t e r e s t i n g to note that the idea was f l o a t e d when Mrs. Gandhi's government threatened to scrap the November 1977 Ganges Waters T r e a t y . See, Rajendra Sareen, "South Asian Regional Cooperation," i n Indian and Foreign Review, 20:20 (August 1-14) pp. 12-15. 39. The Memorandum of Understanding was drawn up c o l l e c t i v e l y by the f o r e i g n m i n i s t e r s of Bangladesh and India during Gen. Ershad's v i s i t to new D e l h i at the beginning of October, 1982. Although t h i s Memorandum has been c a l l e d a two year extension of the 1977 T r e a t y , a few important m o d i f i c a t i o n s have been made in some of the p r o v i s i o n s and the r e v i s e d v e r s i o n tends to favour India. This would i n d i c a t e that the problem of water s h a r i n g , far from being r e s o l v e d , i s s t i l l very much a d i s p u t e d i s s u e . 50 III. THE NEGOTIATIONS OVER FARAKKA The Farakka Barrage d i s p u t e has a t h i r t y - t h r e e year h i s t o r y h i g h l i g h t e d by over t h i r t y official 1960. Farakka Negotiations distinct stages. to Indian the over The f i r s t bilateral can be meetings divided into stage began with P a k i s t a n ' s government about the in the a l l e g e d c o n s t r u c t i o n of a f i r s t meeting of t e c h n i c a l e x p e r t s from both c o u n t r i e s . continued u n t i l the independence third stage spanned c r e a t i o n of Bangladesh and interim treaty Bangladesh in "equitable June The 1960 and i n December 1971. s i x years beginning with the lasted The in of Bangladesh about November, governments. negotiators until 1977 fourth the between signing the stage of the Indian started and when from both s i d e s sat down to r e d e f i n e the concept of apportionment" considerable criticism since the 1977 treaty aroused from c e r t a i n q u a r t e r s both i n Bangladesh and I n d i a . Current n e g o t i a t i o n s over the Farakka be included i n the first, Indian 1951, and ended i n 1960 when the path was c l e a r e d f o r second stage began with the e x p e r t s ' meeting The four protest massive dam a c r o s s the Ganges, which was r e p o r t e d i n the press since fourth stage f o r two issue can a l s o important reasons: the 1977 t r e a t y over Farakka was renewed f o r a p e r i o d of two years i n November 1982, without any important changes having been made; and revolves second, around the the substance Division negotiations problem of e q u i t a b l e s h a r i n g . stage of n e g o t i a t i o n s a l s o d e a l s with augmentation of the larger still The f o u r t h question of of the dry season flow of the Ganges. of the Farakka negotiations i s not merely an 51 attempt at during maintaining each of chronological these stages A. THE with those is debatable shows that p r i o r i t i e s which were o f t e n of the other in side. FIRST STAGE: A BARRAGE ACROSS THE It It n e g o t i a t o r s on e i t h e r s i d e had a d i f f e r e n t order of p r i o r i t i e s — sharp c o n f l i c t order. GANGES? whether or not the exchange of d i p l o m a t i c notes and l e t t e r s between the governments of India and regarding India's plans to c o n s t r u c t a barrage across the Ganges qualify as negotiations. which suggest that the There are c e r t a i n 1951-60 p e r i o d was n e g o t i a t i o n s between P a k i s t a n and issue. First, "meaningful" succeeding two the negotiations stages. between Second, i t was recognised the two stage there was T h i r d , i t was d u r i n g the c a l l e d the primary stage that Farakka the to be project 1951-60 p e r i o d that P a k i s t a n government suggested a r b i t r a t i o n by a reach a s o l u t i o n . in the a d i s p u t e which had could begin. of f o r more countries during t h i s period the a c t u a l c o n s t r u c t i o n of the lower first however, these d i p l o m a t i c exchanges paved the way governments to reasons, India over the Farakka Barrage r e s o l v e d before order Pakistan In f a c t , the third party 1951-60 p e r i o d can of the d i s p u t e as P a k i s t a n , being r i p a r i a n , managed to persuade India that there was the in be the indeed a problem. In 1951 the f i r s t news of India's plans to construct a barrage on the Ganges at Farakka, eleven m i l e s upstream from i t s point of entry through Indian Pakistan into press expressed East P a k i s t a n , came to Pakistan's reports. concern In a note dated October and notice 19, p o i n t e d out that i t should 1951 be 52 c o n s u l t e d before any schemes interests into were r e p l i e d on May project put 8, was 1952 only a May were 1953. cooperation adding that T h i s was Farakka water a request t h e r e f o r e the no similar proposed information would have on Farakka cooperative Barrage. steps toward upstream. Brahmaputra b a s i n s . up this reaches advised In May suggestion by of these two Pakistan In model of those In 1957, delaying set India 1954, tactics, proposed in the P a k i s t a n a joint the project in Ganges A United Nations and took of the upper February, up a f l o o d c o n t r o l commission on 1956 the 2 government, frustrated arbitration of by India's the d i s p u t e . s p e c i f i c p r o p o s a l s of the P a k i s t a n government were: 1) the suggested government survey and Pakistan from India on merely India's reply set up by I n d i a . the Pakistan India control proposing rivers. to Instead 1955, to be Pakistan's from forthcoming flood of which, c o u l d not i n f l u e n c e downstream was note to a p r o j e c t which would s u f f e r 1 but changes The the d e s i r a b i l i t y f u r n i s h e d India with some d e t a i l s of the Ganges-Kobadak but Barrage not r e p l i e d to u n t i l for information diversion causing and "cooperation c o n d i t i o n s i n India because i t was of Ganges hypothetical." t h i s was Ganges-Kobadak i r r i g a t i o n p r o j e c t , incapable stage vital government P a k i s t a n wrote another but the its Indian the In t h i s r e p l y India repeated reciprocal." from that "purely cooperation. Indian government in 1952 22, out prejudice The preliminary P a k i s t a n government's f e a r s the to operation. pointing at note a l s o suggested likely technical program should be The 53 requested to a s s i s t r i v e r system; i n the development 2) t h e p r o j e c t s i n b o t h jointly by experts i m p l e m e n t a t i o n ; and i n the eastern c o u n t r i e s should be examined from both countries before 3) t h e U.N. S e c r e t a r y G e n e r a l s h o u l d be r e q u e s t e d to appoint an engineer to p a r t i c i p a t e i n experts' meetings. 3 The United Pakistan Nations negotiations. put forward agreed a The was l i m i t e d for with stage While urgency, Indian finally agreed the to the Indian Nations technical river proposals reluctantly information thereby officially notified to hold b i l a t e r a l In the meetings of Pakistan." of n e g o t i a t i o n s over notes a Farakka, and even limited reflected reluctant. amount two some India of technical the P a k i s t a n government of i t s plans to a s s i s t therefore, between t h e by P a k i s t a n only a f t e r government programme sent slow occurred system. of a c t u a l specific government technical government exchange but t h i s onset the a c t u a l n e g o t i a t i o n s i n the f u t u r e . r e a c t i o n was informed eastern exchange o f involving the the Indian of t o the exchange of d i p l o m a t i c notes countries. information the of i t s i n t e n t i o n nature first hastened India rejected t h e Nehru parliament suggestion matter Pakistan, stage this, technical the Although by the with Indian in to a limited setting line government's to request a i n the development United of the 54 B. THE SECOND STAGE: NEGOTIATIONS OR The took DELAYING TACTICS? f i r s t meeting of t e c h n i c a l experts place from June 28 to J u l y 3, t h i s meeting India d i d not supply 1960 any of both at New countries Delhi. i n f o r m a t i o n r e l a t e d to the Farakka p r o j e c t ; i t s u p p l i e d only a note on the Teesta a barrage to During be b u i l t across the Teesta River project, in the north of West Bengal. The second meeting of t e c h n i c a l experts between October "project was report provided experts flows 1 and 3, for perusal The exchange of The Dhaka and of the Pakistan 1960 and data. between point were 1963 r e p l y was December in that the 27, both had Indians considered the Pakistan 1961 and sides also confined agreeing to January expressed demanded 8, the more data but irrelevant by s i d e requested forthcoming, 1965 meeting, by a r e c o r d of the Ganges' the to an 1962 view a fourth 6 At s i n c e most of the considerably smooth hindered. a f i n a l meeting but when no a reminder was 1965. Pakistan, was that been made i n the exchange of d a t a . the Indian government in May, August a 5 o p e r a t i o n of meetings between experts was By government a d d i t i o n a l i n f o r m a t i o n on t h i r d meeting of experts was c o n s i d e r a b l e progress these at t h i s meeting that f o u r t h meeting of t e c h n i c a l experts which took p l a c e at "successful" this i t was India also provided between. 1948 Teesta. and the p r e s e r v a t i o n of the port of C a l c u t t a " f o r the from I n d i a . 1963 took p l a c e at Dhaka sent by d i p l o m a t i c note to India e v e n t u a l l y r e p l i e d in meeting of experts. however, c o u l d not take p l a c e before May, 1968 This because 55 war had and broken out between I n d i a and i t took three years these c o u n t r i e s to be The fifth technical The two 1965 f o r normal d i p l o m a t i c r e l a t i o n s between as it turned out, final) meeting from both c o u n t r i e s took p l a c e i n May, s i d e s c o u l d not demanding more i n September restored. (and experts Pakistan reach any technical accusing the Indians Helmut Kulz and the the atmosphere side Pakistan of u n n e c e s s a r i l y d e l a y i n g the describes 1968. agreement with the Indian information which of side proceedings. pervaded this meeting: . . . i t i s not s u r p r i s i n g , a f t e r a l l these d e l a y s , that the last meeting showed wide divergence of views between the two d e l e g a t i o n s on almost a l l issues. While the Indian delegation insisted on further meetings to exchange data, the Pakistan delegation maintained that enough data had been exchanged and that the problem r e q u i r e d immediate tackling at the political level to achieve a s o l u t i o n of the problem a c c e p t a b l e to both c o u n t r i e s i f necessary through the mediation of a t h i r d p a r t y . 7 The five meetings of technical experts "upgrading" of the t a l k s over the Farakka issue government. issue and reason "promote" and talks as to the p o l i t i c a l they could. the level to 8 level, Most Indian the Indian observers--both from P a k i s t a n - - have suggested that the India's r e l u c t a n c e to d i s c u s s procrastination. negotiation long those behind political by an Though the P a k i s t a n governments wanted to f o r c e the side r e s i s t e d as neutral represented was the The Indian occur only direct result government after the the issue of wanted Farakka a at policy real the of meaningful Barrage was 56 completed and operational. T h i s stage of n e g o t i a t i o n s conscious effort by the Pakistan Farakka issue at the p o l i t i c a l President Nehru was India were in characterized government and Prime London for M i n i s t e r s ' conference in March 1961. They discussion parliament. two He some months later s a i d that he had c o u n t r i e s should in the Jawaharlal Commonwealth Prime met to number of t o p i c s i n c l u d i n g the Farakka p r o j e c t . the discuss Nehru the a speech to the Farakka a described Indian suggested to Ayub Khan that cooperate over a government. Minister the by to d i s c u s s l e v e l with the Indian Ayub Khan of Pakistan of also the project. He a l s o t o l d Ayub Khan: Let us do i t i n such a way as to b e n e f i t each and l e t us decide t h i s at m i n i s t e r i a l l e v e l . other... 9 He f u r t h e r recounted how they had meeting of m i n i s t e r s but that t h i s c o u l d only be necessary t e c h n i c a l data had to agreed that there first should fruitful been gathered. be a i f the Nehru went on say: I hope that a f t e r the next meeting, which i s going to take p l a c e fairly soon, both p a r t i e s would be in possession of these f a c t s . Then the time w i l l come, if i t i s considered necessary, f o r m i n i s t e r s on both s i d e s to meet and discuss, that i s not to allow matters to be dealt with by o f f i c i a l s who cannot decide t h i n g s . 1 0 Nehru's political promise l e v e l was to discuss the Farakka taken up by Ayub Khan. Nehru (dated March 27, 1961) attaching a He issue at sent a l e t t e r tentative list the to of 57 points for discussion h i s t o r y of the case. his desire that at the m i n i s t e r i a l meeting, and In t h i s l e t t e r , Ayub Khan "such Nehru's r e p l y was a meeting should somewhat expressed the Pakistan's s i d e - - would be completed "enable East that the hope that tentative the i n c r e a s i n g the as soon has been scope of a the project, as without the for this demands consideration by I n d i a . that the jeopardized project 1 2 could made He and that not be taken (dated May into 19, 1961) Pakistan would Teesta rivers were a l s o s t a t e d that a m i n i s t e r i a l l e v e l Nehru's l e t t e r dated J u l y 6, expressed doubts as to whether the necessary would be completed by the was the thereby implying l i v e s of the people of East way. To to the i f waters from the Ganges and any it from possible giving 1 1 us Ayub Khan's r e p l y meeting would be a p p r o p r i a t e . a l s o made the that proceeding with i t s c o n s t r u c t i o n without c o n s u l t i n g us," in sense reservation and disturbed the f u l l exchange of d a t a - - a l s o information, be be arranged e a r l y . " in Ganges-Kobadak p r o j e c t , "Pakistan out expressed m i n i s t e r s ' l e v e l meeting to be h e l d soon." Pakistan pointed also a brief exchange f o u r t h meeting of e x p e r t s . f o l l o w i n g general of The 1961 data letter remarks: One more matter to which I must a l s o r e f e r , i s the d i s t i n c t i o n you s t i l l seem to make between the rights of the upper and lower r i p a r i a n i n paragraph 7 of your letter, which implies that the lower r i p a r i a n can proceed u n i l a t e r a l l y with p r o j e c t s , while the upper riparian should not be f r e e to do so. I f t h i s was to be so, i t would enable the lower r i p a r i a n to create, unilaterally, h i s t o r i c r i g h t s in i t s favour and go on i n f l a t i n g them at i t s d i s c r e t i o n thereby completely blocking a l l development and uses of the upper riparian. We cannot, o b v i o u s l y accept t h i s point of view, e s p e c i a l l y when t h r e e - f o u r t h s of the length of the Ganges l i e s in Indian t e r r i t o r y , which g i v e s India 58 the p r i o r i t y of i n t e r e s t It river. i s i n t e r e s t i n g to note that India construction on were exchanged. Indian in this the Farakka Barrage countries. against without The had already started Farakka Barrage at the time these P a k i s t a n had lodged government 1 3 beginning previous protest a formal p r o t e s t the letters with the c o n s t r u c t i o n of the agreement between the was r e j e c t e d by I n d i a i n two two separate notes dated June 20 and 29, 1961. " Understandably, there was no 1 f u r t h e r d i r e c t correspondence between the two l e a d e r s . The Nehru-Ayub meeting of March because it concerning dispute 1971. few was the 1961 was very important only agreement between I n d i a and P a k i s t a n the Farakka Barrage, and i t set the p a t t e r n throughout the 1960s until for Bangladesh was formed i n However, s i n c e there was no w r i t t e n agreement,, months of disagreement the over understanding its the being reached, interpretation. This within there is a was clearly i l l u s t r a t e d by the correspondence between the two l e a d e r s . In an effort to t e c h n i c a l exchanges with government decided reach a s o l u t i o n and r e a l i s i n g that the India were going nowhere, the to i n t e r n a t i o n a l i z e the i s s u e . of a c t i o n was f i r s t made p u b l i c by Pakistan's before the press in minister 14, 1967 a f t e r he had Barrage. The f o r e i g n m i n i s t e r s t a t e d that "the Farakka Barrage the threatened foreign course touring threatens region on December This completed 1 5 the Dhaka Pakistan by the Farakka e n t i r e e c o l o g i c a l p a t t e r n of the d e l t a region of East P a k i s t a n " and that f o r P a k i s t a n , "the q u e s t i o n assumes an 59 importance which transcends P a k i s t a n would approach "the purely economic c o n s i d e r a t i o n s ; " international agencies concerned, i f her e f f o r t s to solve the problem through n e g o t i a t i o n s d i d not y i e l d any As r e s u l t s w i t h i n a reasonable part superpowers support 1 6 of t h e i r campaign to b r i n g up the Farakka Barrage i s s u e in the U n i t e d Nations, the time." of the the Pakistan dispute from the S o v i e t Union. government and a p p a r e n t l y Mr. Kosygin became prime m i n i s t e r i n solution lines also publicly the played in Treaty. 1 8 Hussein, conciliatory the raised the leading foreign up question on the one India's the to one it had the Indus Waters of States to Pakistan, attend hand, and the Bank 19 Nothing i n t e r v i e w with Ben f e e l i n g that had Ayub not c o u l d probably and f o r e i g n m i n i s t e r , on the o t h e r . by the World B a n k . an India 1 7 Arshad with the World Bank's p r e s i d e n t t o l d the Bank that India would be w i l l i n g In a the U.N. A number of c o n v e r s a t i o n s were h e l d between the Bank and Hussein, then to minister while he was. v i s i t i n g the United meetings. urging from the World Bank that i t p l a y role similar negotiations However, the 1966, of the Indus Waters T r e a t y . r e j e c t e d an o f f e r a mediatory and obtained some despatched a l e t t e r to I n d i r a Gandhi, who along informed f u r t h e r was Crow, Hussein fallen Desai, Desai apparently to c o n s i d e r mediation heard of the p r o p o s a l . a p p a r e n t l y expressed i n 1969, have been p u r s u e d . Morarji the Bank's the proposal 2 0 India's a c t i o n s during t h i s stage of n e g o t i a t i o n s c e r t a i n l y reflect typical upstream country economic i n c e n t i v e to cooperate behaviour where there i s no with the downstream country and 60 the downstream country upstream c o u n t r y . Pakistan time. holds To 2 1 redress f e a s i b l e at the time. impression Pakistan's construct a Barrage. on off-take the of on the season use. reports nor financially never been The The reservoir discussed proposed would in the west barrage was started in s e v e r a l barrage, known have been b u i l t i n the Understandably, India reacted strong p r o t e s t . K.L. these Rao, and have southwest of East to s t o r e water f o r dry extended certain into India, areas in of to make to the Lok India. irrigation and Sabha about the project: If (the p r o j e c t i s ) executed ( i t ) w i l l cause harm to l a r g e t r a c t s of t e r r i t o r y belonging to I n d i a by way of submersion and e r o s i o n , e t c . The Government of India have lodged a strong p r o t e s t with the Government of P a k i s t a n and have urged that no c o n s t r u c t i o n should be undertaken on (the) Padma which may i n j u r e the upstream area of I n d i a . 2 3 This to t h i s p r o j e c t proposal with a Indian m i n i s t e r comments the I t s o s t e n s i b l e purpose a l s o intended would at as f a r upstream as the Farakka Barrage. could to although in East P a k i s t a n , probably flooded had 22 Barrage, have •power, was had governments. Ganges certainly reservoir the s t r a t e g y for a short planned the Gorai-Madhumati R i v e r . The however, Ganges downstream of the Farakka project to i r r i g a t e huge areas Pakistan. the However, the mere mention of i t seemed to this consultants' as neither well v i c i n i t y of Hardinge Bridge, almost imbalance, over t h r e a t to r e t a l i a t e came in the form of plans meetings of the two was the power on Indian p o l i c y makers. barrage Work several simply reciprocal government followed a r e t a l i a t o r y T h i s s t r a t e g y was make an no 61 There was The height a s u b t l e irony embedded in Pakistan's of the Ganges Barrage would depend on how India agreed to r e l e a s e at Farakka. very little, water, and Since proposal. then If India agreed to release the Ganges Barrage would have to s t o r e more t h i s might pose a t h r e a t to West Bengal no work was much water in India. done on the p r o j e c t , the whole t h i n g may been planned by the Pakistan a u t h o r i t i e s merely as a 2 4 have bargaining tool. The 1968-71 p e r i o d during t h i s stage of n e g o t i a t i o n s the Farakka Barrage a l s o witnessed an of talks. attended The last f i v e meetings h e l d during by s e c r e t a r i e s ( s e n i o r c i v i l ministries servants) the In the talks first on the of the three meetings Pakistan relevant Pakistan the two the for countries for such a framework f o r c o n s i d e r a t i o n governments at the p o l i t i c a l that the also to s e c u r i n g an adequate q u a n t i t y of water. wanted to evolve plea for regarding which purpose adequate data were a l r e a d y a v a i l a b l e , and machinery experts pressed framework f o r a settlement e q u i t a b l e s h a r i n g of Ganges waters between the two devise level t h i s p e r i o d were from both c o u n t r i e s rather than by t e c h n i c a l or engineers. substantive "upgrading" of over data level. available 2 5 India disagreed were s t i l l incomplete by on and inadequate. In the f o u r t h meeting of s e c r e t a r i e s h e l d at Islamabad from February 24 to March 2, the 1970 the Pakistan f i n a l p o s i t i o n taken regarding pointed out the futility except in the context delegation recorded a l l the t e c h n i c a l i s s u e s of f u r t h e r d i s c u s s i o n of these and issues of agreed a l l o c a t i o n of water from the 62 Ganges to East The July Pakistan. f i f t h and 16 and 21, last 1970 2 6 s e c r e t a r i e s ' meeting in New recommendations on t h i s occasion Delhi. was held between Pakistan's specific were: 1) that the p o i n t of d e l i v e r y of supply to Pakistan of such quantum of water as may be agreed upon w i l l be at Farakka; 2) that c o n s t i t u t i o n of a body of one representative from each of the two c o u n t r i e s f o r ensuring d e l i v e r y of agreed s u p p l i e s at Farbakka i s acceptable in p r i n c i p l e ; and 3) that a meeting be h e l d in three to s i x months' time at a l e v e l to be agreed upon by the two governments to consider the . q u a n t i t y of water to be s u p p l i e d to Pakistan at Farakka and other unresolved issues r e l a t i n g t h e r e t o and to eastern r i v e r s which have been the subject matter of d i s c u s s i o n in these s e r i e s of talks. 2 7 Agreement on the technical "point of delivery" argument surrounding ended, regeneration; presumably, agreement that next meeting should d i s c u s s water s h a r i n g s i g n i f i e d the technical exchanges. This to There was almost that agreement i n January titled over the issue, 1971, The which I n d i a ' s Farakka Barrage and East P a k i s t a n , and what Nehru a decade p r e v i o u s l y was another meeting should be h e l d . position the ensuing i n the t a l k s . 2 8 Ayub becoming a new was r i g i d i t y of published of had reality. that Pakistan's in a pamphlet i t s Adverse Consequences on s t r u g g l e for independence by on which the Pakistan governments took d i a m e t r i c a l l y opposite impasse and at India's suggestion, m a j o r i t y of Bengalees in East Pakistan an the can be c a l l e d the t u r n i n g p o i n t in the n e g o t i a t i o n s in the sense agreed end the Indian stands, the and created With the independence of Bangladesh 63 in December 1971, nascent the Bangladesh government. Any over the onus of n e g o t i a t i n g with India f e l l on d i s c u s s i o n r e l a t e d to t h i s stage Farakka would be incomplete of the negotiations i f no mention were made of the attempted i n t e r v e n t i o n of the Pugwash movement i n t o the d i s p u t e . During in the Addis Abbaba conference January 1966, the members development problems in India and resolved that some P a k i s t a n , should which they Pakistan. The outside of to the University, that Center offered to for there was a need rivers. Revelle was group India and nations on P r o f e s s o r Roger the Studies It Pakistan. 3 0 of the Ganges of particularly well qualified The Pugwash initiative for the task I n d i a expressed of the Pugwash team. Pakistan enthusiasm, but met No and with a refused Indira stumbling to explanation for t h i s r e f u s a l o f f e r e d by the Indian government. in seemed to make some block when the Indian Prime M i n i s t e r ' s o f f i c e with and 2 9 headway i n i t i a l l y when both Ayub Khan Gandhi was to look i n some d e t a i l at the because he had d i r e c t e d a l a r g e s c a l e d e s a l i n a t i o n programme West at s e r v i c e s of h i s f o r such a study. n a t u r a l resource development of the basins Brahmaputra both Population provide to w r i t e a prospectus Pugwash both might work on a c o o p e r a t i v e b a s i s . research s t a f f agreed among other t h i n g s , organisation, of held discussed i d e n t i f y problems common Revelle, director Harvard of the Pugwash movement However, the team did meet was meet with Ayub Khan. Since p r e l i m i n a r y s t u d i e s of c o o p e r a t i v e development of the 64 Ganges basin had already been completed, the group continued with a study of the Pakistan p o r t i o n of the b a s i n , with from the World Bank and other study emerged a concept p r o p o s a l to use a water storage the groundwater recharge heavy pumping system Ganges as a would for basin and solution. lower increasing the During the measures would increase the rate of percolation flood to recharge reservoirs. that could be used By t h i s means, the nearly thirty Harvard c e r t a i n people some m e r i t . government 3 2 was almost government the reasons l y i n g behind probable reason completed was the water that the underground estimated for both dispute. was and, at conceived. forwarded of by massive the late foreign stage, Indian the dubious the f a c t that the Farakka this There b e l i e v e d that i t had f o r i t s r e j e c t i o n was offers not i n t e r e s t e d been so c a r e f u l l y Barrage i n I n d i a , however, who of so various r e j e c t e d by the Indian government. as a j u s t i f i c a t i o n motives i t saw Another One season, provide Such a p r o p o s a l , t h e r e f o r e , undermined the b a s i s of the e n t i r e Farakka were season, general flow of the Ganges R i v e r c o u l d be s t o r e d , p r o v i d i n g enough T h i s proposal was dry researchers per cent of the annual India and East P a k i s t a n . induced groundwater t a b l e and In the wet 31 underground suggesting water f o r i r r i g a t i o n and other uses. waters From t h i s known as the "Ganges water machine," massive in i n t e r n a t i o n a l agencies. funding the aid. Barrage Indian i n abandoning a p r o j e c t which had 65 C. INDIAN OBSTINACY OR PAKISTANI WEAKNESS? Twenty years of n e g o t i a t i o n s over the Farakka issue no real progress diplomatic experts' 1971 saw During notes level toward and and ten a solution. meetings five (five at its way an "Indian" Therefore, India's terms. no any "talks." Even inclination to to press Minister negotiate with said this stage on the t o p i c . have f e l t reached, was not interpretation, but to Nehru, next j u b i l a t i o n the was few on Pakistan who requests had shown government, the 1961 as some was parts Nehru-Ayub the only d i s c u s s i o n by p o l i t i c a l the be Its basin includes negotiations, Indian years Pakistan Soon a f t e r t h i s there formal agreement with the P a k i s t a n the these Pakistan leaders government understanding disagreement as government also c o n s t r u c t i o n on the Farakka Barrage without During must time that "what India does with short-lived. only was Bangladesh. of However, any stand Ganges Pakistan refer 3 agreement in London was was the 33 f o r n e g o t i a t i o n s on the Farakka i s India's b u s i n e s s . " " of I n d i a , Nepal, T i b e t , and During with the at one year as opposed to an i n t e r n a t i o n a l documents Prime have India's r i v e r s might the completion. I t i s i n t e r e s t i n g to note that although opportunity to river "discussion" i s s u e , Indian o f f i c i a l reported technical p e r i o d , Indian n e g o t i a t o r s took an o b s t i n a t e essentially missed the to that l a r g e l y d e r i v e d from t h e i r a s s e r t i o n that one. innumerable at the s e c r e t a r i e s ' l e v e l ) , the Farakka Barrage w e l l on this After showed having to its started reached any government. no negotiations took p l a c e 66 between the two s i d e s as over many t e r r i t o r i a l between India and restored. issues. elapsed but them deteriorated In September 1965, and, before at f u l l government brought the the United Nations. members between broke out although i t l a s t e d only a few normal war diplomatic relations During t h i s i n t e r v a l , c o n s t r u c t i o n work on Farakka Barrage continued Pakistan 3 5 Pakistan days, s e v e r a l years were relations no Pakistan's pressure swing. In September the 1968, the issue to the General Assembly of p o s i t i o n was was put on supported India. by As a 3 6 most result, Pakistan went back to the n e g o t i a t i n g t a b l e ; only t h i s time, s e c r e t a r i e s of both c o u n t r i e s were present. T h i s part of the n e g o t i a t i o n s talks by one actual secretaries respective in from negotiations, either political predecessors. side leaders Despite only because agreed of some Pakistan was Farakka would the general ecology the the employed unfortunately, F i r s t , Pakistan opinions their no the of the technical Indian demands. Pakistan Whereas u n t i l damaging to the economy of East Pakistan and from 1968 1960-1971 bargaining could tried elicit to that a 1962, at of the area, India from barrage the several had because negotiators n e g o t i a t i n g percentages of t o t a l Ganges' Throughout the of There was however, as t r y i n g to impress upon be "upgrading" ladder. reflected much an these c o n s t r a i n t s , some t e c h n i c a l p o i n t s were r e s o l v e d but to represents more notch i n the d i p l o m a t i c progress the onwards they flow. p e r i o d , the P a k i s t a n techniques, any elicit were none major concessions cooperation government of which, from I n d i a . from India by 67 emphasising country the legal rights of co-riparians undertook a p r o j e c t l i k e l y interests Pakistan Soviet of the other. tried and to be prejudicial one to the Second, when t h i s t a c t i c got nowhere, to put p o l i t i c a l pressure American whenever leaders. on India by t a l k i n g Third, 3 7 keeping the option of b i l a t e r a l n e g o t i a t i o n s open, the P a k i s t a n government brought the issue in the General Assembly Fourth, hoping to put d i r e c t pressure the question irrigating of building large Pakistan, parts would also a of western have of the United Barrage and raised which, besides southwestern underground up Nations. on I n d i a , P a k i s t a n Ganges to East r e s e r v o i r s that c o u l d f l o o d p a r t s of West Bengal i n I n d i a . Why their c o u l d Pakistan not way on explanations. its the One eastern prevent Farakka issue? and The completing the Farakka p r o j e c t , was their There other p o s s i b i l i t y manifesto, to become a f a i t a c c o m p l i . Barrage had having two care logical enough about seems to be that I n d i a , bent on only s t a l l i n g they claimed neglect of e a r l i e r governments has allowed 3 9 f o r time. that the cause. "the Farakka become a f a i t accompli, i t i s very The In criminal Barrage While i t i s c e r t a i n l y true that that the P a k i s t a n government had allowed nothing are tended to give credence to the f i r s t election Farakka from t h e r e f o r e d i d not advocate i t s p o s i t i o n strongly. 38 Indians i s that P a k i s t a n d i d not wing Awami L e a g u e the- the doubtful t h i s to happen by doing about i t . The deliberate second policy possible of explanation, procrastination that there was a pursued by I n d i a , seems 68 c l o s e r to the t r u t h . Indian Indian answers The to constant Pakistan's statements and procedure had establish a without openly the evasive nature the beginning f a i t accompli repudiating dispute a technically in of a l l replies the view that India's a t t i t u d e the been c a l c u l a t e d to gain with its Farakka p r i n c i p l e of India's r e f u s a l to meet with the team devised i n c r e a s i n g delay the c o n t r a d i c t i o n s i n some of i t s -from time and ever notes, to P a k i s t a n , a l l s t r o n g l y support and and sound way from project "cooperation."" Harvard which had to undermine the b a s i s of i s a l s o i l l u s t r a t i v e of the Indian government's 0 the actual intentions. D. THE THIRD STAGE: SOLUTION ON This months of ended stage 1972, with of negotiations signing Ganges waters, d i f f e r e d First, were p e a c e f u l and chasacterised as a d i r e c t HORIZON? which started soon a f t e r the independence of the respects. THE of a Bangladesh, earlier the c o n d i t i o n s surrounding no sense of the stages these of India's and in several which India. Bangladesh's the negotiations strain n e g o t i a t i o n s between P a k i s t a n and result and t r e a t y over the sharing of from the two there was in the e a r l y had Second, newly found f r i e n d s h i p , n e g o t i a t o r s on both s i d e s were more t o l e r a n t of each other's views and presented needs of which was formula were w i l l i n g by the other the other side. to at l e a s t examine the proposals T h i r d , each, r e c o g n i s i n g the water s i d e , was w i l l i n g to c r e a t e a j o i n t charged with the task of c h a l k i n g out an body" 1 appropriate f o r s h a r i n g Ganges waters between the c o - r i p a r i a n s . Despite a mutual recognition of each other's needs, 69 however, i t took India and on a water s h a r i n g Bangladesh almost s i x years formula. The No 42 sooner had Treaty embodying the t r e a t y been signed the launched editorial aimed at the s i g n a t o r y governments. h i s t o r y of the events l e a d i n g up to Treaty the between Bangladesh and different forces contend with before any Discussions the Farakka continued meet returned January and 1972 power. On in A brief the B.M. 43 went early 1972 February, issued at the end and and to Bangladesh m i n i s t e r s to New Indian m i n i s t e r of Abbas t o l d the press there. to including M i n i s t e r s came from I n d i a Abbas Rao, issues from in Bangladesh and that Delhi in irrigation suspicions and 4 4 prime m i n i s t e r s of the two January, 1977 reached. p r e v i o u s l y hampered the n e g o t i a t i o n s between India longer and on both s i d e s had bilateral started years. January 24, Pakistan were no The negotiators project to t a l k to K.L. critics verbal of sort of agreement c o u l d be counterparts their v i s i t s . which had which f o r the next two their signing a I n d i a w i l l enable us to understand about outstanding Barrage the scathing end such than from both s i d e s of attacks border agree d i s p u t e , however, d i d not with the s i g n i n g of the November 1977 formula. to now March of friendly 1972. of the February meeting The countries joint met statement said: The two Prime M i n i s t e r s emphasized that the geography of the region provided a natural basis of cooperation...They discussed the problem of flood c o n t r o l , Farakka Barrage and other p r o b l e m s . 45 At the c o n c l u s i o n of the prime m i n i s t e r s ' meeting i n March the t r e a t y of F r i e n d s h i p , Co-operation and Peace was signed. This 70 treaty was to be v a l i d for t w e n t y - f i v e years, and specifically i n c l u d e d agreement t o : make j o i n t s t u d i e s and take j o i n t a c t i o n i n the f i e l d s of f l o o d c o n t r o l , r i v e r basin development, and the development of h y d r o e l e c t r i c power and i r r i g a t i o n . " 6 In the discussion simultaneously was among officials which took with the prime m i n i s t e r s ' meetings, the taken to e s t a b l i s h a J o i n t R i v e r s Commission." months of the 7 place decision Within four independence of Bangladesh, the c o - r i p a r i a n s t a t e s agreed to e s t a b l i s h a j o i n t body: so that the water resources of the region can be utilised on an e q u i t a b l e b a s i s f o r the mutual b e n e f i t of the peoples of the two c o u n t r i e s . * 8 The Statute 1972, of the J o i n t R i v e r s Commission i n c l u d e d the Article signed in November following provisions: 4 (i) The Commission s h a l l have the in p a r t i c u l a r : following functions a) to maintain liaison between the p a r t i c i p a t i n g countries in order to ensure the most e f f e c t i v e j o i n t e f f o r t s in maximizing the b e n e f i t s from common river systems to both c o u n t r i e s . . . b) to study f l o o d c o n t r o l and i r r i g a t i o n p r o j e c t s so that the water resources of the region can be u t i l i s e d on an e q u i t a b l e b a s i s f o r the mutual b e n e f i t of the peoples of the two c o u n t r i e s . (iii) The Commission shall a l s o perform such other f u n c t i o n s as the governments may, by mutual agreement, d i r e c t i t to do." 9 The J o i n t R i v e r s Commission was coopertion intended to act as a i n a l l areas of r i v e r development. The forum for Statute laid 71 down that each government should appoint Commission a engineers) and staff. to the The provide adequate chairmanship Statute ruled Commission's of secretarial the and out public scrutiny dispute i s not quoted 7 of the J o i n t Rivers but the unless the mentioned paragraphs i n the from the above gave the governments freedom to r e f e r the to the Commission i f they so chose. The in meetings specifically Commission's terms of reference topic of Article proceedings: Farakka Statute supporting Commission was to a l t e r n a t e A l l meetings shall be c l o s e d Commission d e s i r e s otherwise. The Rivers chairman and three members (two of whom should be between the two governments i n s u c c e s s i v e years. the Joint first meeting of the J o i n t R i v e r s Commission June 1972, before the S t a t u t e had been s i g n e d . this was indicative of the importance was held I f anything, attached to river development by both India and Bangladesh and of t h e i r d e s i r e f o r mutual c o o p e r a t i o n . A press note i s s u e d at the end of the f i r s t meeting s a i d : The Commission considered r i v e r development works i n the Ganges-Brahmaputra-Meghna System i n general and w i l l take i t up i n d e t a i l i n i t s next m e e t i n g . 5 0 It as i s important i f the Indian Farakka statements officials to note that while on the s u r f a c e i t seemed dispute issued was on i t s way to being r e s o l v e d , after meetings with Bangladesh avoided any mention of Farakka and r e f e r r e d g e n e r a l l y 72 to "river government will development" wanted become in the region. and that c o n t r o l , and tactic thesis. power, after h i s Bangladesh mentioned Indian c l e a r e r when we a n a l y s e Indo-Bangladesh a c t i o n s i n In a statement issued by K.L. Ahmed, the to achieve through the adoption of t h i s Chapter V of t h i s irrigation What Rao, he was in April complete i t was on power, f l o o d On h i s r e t u r n Khandakar would gave more Moshtaque Ahmed. added 1972, misconceptions about Farakka had been c l e a r e d up. Rao also Moshtaque Bangladesh's Dhaka, Rao agreement for that from irrigation. minister met with Khandakar counterpart, there Indian details about the He s a i d that sharing meeting with of the water be s e t t l e d at the meeting of the two prime m i n i s t e r s , but that Farakka was no longer a problem. going The p r o p o r t i o n of water t o each country was yet t o be s e t t l e d , but the doubts and m i s g i v i n g s of Bangladesh had been It was misgivings not were, came down t o made or public removed. what 51 Bangladesh's how they were " c l e a r e d up." actually devising a formula, India's p o s i t i o n were d i a m e t r i c a l l y opposed. doubts and F o r , when i t Bangladesh's and I f Rao's statement i s to be accepted at face value, one probable e x p l a n a t i o n can be given f o r Bangladesh's willingness to d i s c u s s broader r i v e r problems r a t h e r than Farakka: Bangladesh was hoping t o convince India of i t s good f a i t h i n s e t t l i n g the Farakka i s s u e and other outstanding b i l a t e r a l issues between these issues. two As i t turned out, countries however, most were s e t t l e d when I n d i r a Gandhi and Sheikh Mujibur Rahman met i n 1974, but not the issue 73 of the Farakka In Barrage. the meantime, events Bangladesh and i n other bearing on political the i n t e r e s t e d q u a r t e r s which were to have a outcome leaders were t a k i n g p l a c e w i t h i n India and of i n West this dispute. Bengal began In In the Rajya Sabha (upper 1972, lobbying the Indian c e n t r a l government f o r what they saw as t h e i r waters. August share of Ganges of the Indian house p a r l i a m e n t ) , Rao, the m i n i s t e r f o r i r r i g a t i o n and power, made a statement c o n f i r m i n g that the l e g i t i m a t e i n t e r e s t s of Bangladesh would be kept i n view, and that no arrangement of the o p e r a t i o n of the Barrage would a f f e c t that The what country. c h i e f m i n i s t e r of West Bengal returned from D e l h i the press with r e p o r t e d as an "agreement" on the o p e r a t i o n of the Farakka Barrage. According to t h i s -the feeder c a n a l of the barrage December, 1973; "agreement": would be completed by . - f o r f i v e years a f t e r . that 40,000 cusecs c o u l d be diverted down the Hooghly and, f o r the f o l l o w i n g two years, the d i v e r s i o n s would be v a r i e d e x p e r i m e n t a l l y ; -at the end of seven years there would be a During 1972, the World Bank was m a i n t a i n i n g r i v e r development schemes i n Bangladesh. a well-known c o n s u l t a n t t o , among other a review. close 52 watch on The Bank a l s o employed things: •evaluate the water supply picture (of the GangesBrahmaputra-Meghna basins) and to examine the possibility of m a i n t a i n i n g or even augmenting the low flows of the r i v e r s . . . (and) t o examine the need and possibilities for international c o o p e r a t i o n between the c o u n t r i e s s i t u a t e d i n the r i v e r b a s i n s . 5 3 74 The c o n s u l t a n t recommended that c o n s i d e r a t i o n be establishment under United Nations Brahmaputra-Meghna Coordinating countries—India, Bangladesh, auspices, Committee, Nepal, Sikkim, Whatever r o l e the World Bank may have played, intervention again in the dispute. i n December, 1972. The with given to the of Ganges- a five and member Bhutan. " 5 i t made no public The J o i n t R i v e r s Commission met press were informed that the Commission had: decided to c o n s i d e r a framework f o r p r e p a r a t i o n of long term plans f o r the development of major basins common to I n d i a and Bangladesh. The Commission a l s o recommended a programme f o r j o i n t survey of the River Ganges from Farakka up to the Gorai off-take to enable the p l a n n i n g of development works of mutual interest... Two groups have been s e t up f o r the study of c e r t a i n r i v e r s i n Bangladesh and I n d i a , on p o s s i b i l i t i e s of augmenting water d i s c h a r g e s i n these r i v e r s . The Commission a l s o received b a s i c data on works executed or under execution i n the Ganges-Meghna-Brahmaputra r i v e r basin and decided that this should be supplemented further. 5 5 This and r e l e a s e i n d i c a t e s that the q u e s t i o n of the Farakka its effects Commission. were However, 56 matter was given a high In 1973, several being discussed i t i s not in clear the Joint Barrage divers whether or not t h i s priority. more meetings of the J o i n t Rivers Commission were h e l d but l i t t l e was p u b l i s h e d about the s u b j e c t s they discussed. In J u l y of the same year, Khandakar Moshtaque Ahmed l e d a Bangladesh d e l e g a t i o n to New D e l h i . Indian team l e d by external a f f a i r s . Sardar Swaran I t met with an Singh, Indian m i n i s t e r of The Indian team a l s o c o n s i s t e d of two other 75 ministers: minister D.P. Dhar, minister f o r i r r i g a t i o n and for planning; power. of t a l k s over the Farakka Barrage pleasant realising friendly bilateral r e l a t i o n s , the K.L. Rao, T h i s unannounced "upgrading" issue by India s u r p r i s e to the Bangladesh government. s i d e s were slowly and that even in an 57 came as a However, both atmosphere issue c o u l d prove d i f f i c u l t of to resolve. The meeting r e a f f i r m e d that a f i n a l d e c i s i o n on Ganges waters would be taken when the two The press release issued a f t e r e f f e c t s the Ganges d i v e r s i o n s sharing prime m i n i s t e r s the t a l k s belaboured the might have on of met. 58 possible flooding inside Bangladesh: The d i s c u s s i o n s d e a l t mainly with the commissioning of the Farakka Feeder Canal and i t s impact on Bangladesh... the Farakka p r o j e c t might increase the flood intensity in Bangladesh by reducing n a t u r a l s p i l l discharges in the B h a g i r a t h i . This point was discussed and the Indian s i d e assured the Bangladesh side that the feeder c a n a l and the Jangipur Barrage will be so operated that the B h a g i r a t h i w i l l continue to r e c e i v e during the monsoon p e r i o d as much water as before, or more i f p o s s i b l e . It was accepted by the government of India that the Farakka Barrage Project will not increase the f l o o d i n t e n s i t y of the Padma i n Bangladesh. There was d i s c u s s i o n about the Farakka Barrage Project and i t s impact on both c o u n t r i e s . It was agreed that the two sides would meet again and continue the d i s c u s s i o n s with a view to a r r i v i n g at a s o l u t i o n to the problem. The two s i d e s f u r t h e r agreed that a mutually acceptable s o l u t i o n w i l l be a r r i v e d at before o p e r a t i n g the b a r r a g e . 5 9 This l a s t sentence, though i t provided was first the government that definite and i t would not a c t public no b a s i s f o r a solution, commitment by the unilaterally. Indian 76 The e a r l y months of pressing issues a l s o r e l a t i n g to the was Bangladesh's and also subcontinent. attempt to acceptance Republic of China was against were taken up by get at The most prominent recognition the Islamic entry i n the United in Summit. successfully wielding Bangladesh's the the The threat Nations. alliance with which t r i a l s of 195 prisoners to of the Indian February prevent 1971 war Indo-Pakistan W a r . foreign minister 1974 at the Swaran invitation m i n i s t e r , Dr. Kamal Hossein. at the end their of crime There was meeting. Farakka Barrage i s given The United People's of veto Pakistan high-level 60 Singh of issue Presumably, mainland China's p o s i t i o n r e f l e c t e d an wanted other mainly concerning the government of Bangladesh but Nations 1974 came the to Dhaka in Bangladesh f o r e i g n a long portion joint communique relevant to the below: Both sides a v a i l e d of the o p p o r t u n i t y to d i s c u s s the use of the water resources of the two countries for the common b e n e f i t of the peoples of Bangladesh and India. They agreed that to meet this objective the Joint Rivers Commission should c o n t i n u e , as a matter of p r i o r i t y , i t s i n v e s t i g a t i o n of the development of the water resources of the r e g i o n . The two Foreign Ministers also discussed the question of the d i s t r i b u t i o n of the waters of the Ganges between India and Bangladesh and the need f o r an e a r l y d e c i s i o n on the matter. They were c o n f i d e n t that t h e i r d i s c u s s i o n on t h i s s u b j e c t had advanced t h e i r common approach f o r an e a r l y s o l u t i o n to t h i s issue. Both the Foreign Ministers agreed that a mutually a c c e p t a b l e s o l u t i o n will be a r r i v e d at before operating the Farakka Barrage P r o j e c t . 6 1 Whether doubtful. this The could be called progress agreement that a "mutually toward a s o l u t i o n i s acceptable" solution 77 must precede operation of the Barrage had almost i d e n t i c a l wording, in Swaran Singh's with Khandakar meeting of the progress. Moshtaque Ahmed. two There foreign was an first earlier That i t was ministers can indication, hardly however, Rivers Farakka in i t s d i s c u s s i o n s . priority discussion r e i t e r a t e d at communique, that the J o i n t question emerged with Commission be called in t h i s was that a formula Farakka Barrage was In March guesses 1974, and f o r t h i s t r a n s f e r and we as to the probable Flood ones. acreage, create a Americans and A below average make educated rice harvest of on its was known to be t r a n s f e r was favoured by both Commerce and F o r e i g n Trade to a t t r a c t feet. in The thus put other probable The new the to head outside country e x p l a n a t i o n f o r Ahmed's more s i n i s t e r and had a d i r e c t toward the Farakka Barrage. the to Khandakar the Arabs, would be the a p p r o p r i a t e person Ministry was entire r a t e a l l helped in f o r e i g n exchange r e s e r v e s . c a p i t a l to redress t h i s imbalance and back only an unprecedented i n c r e a s e i n the r a t e of huge d e f i c i t Moshtaque Ahmed, who the economy of Bangladesh p o p u l a t i o n growth and a s t a g g e r i n g i n f l a t i o n the to There are a number of can The Control 1973-74 season as a r e s u l t of massive f l o o d i n g of the rice-growing the Khandakar Moshtaque Ahmed was t r a n s f e r r e d t a k i n g a t u r n f o r the worse. the a operational. of Foreign Trade in Bangladesh. explanations was would be worked out before from the M i n i s t r y of Water, Power, Ministry the t h i s point in the d i s p u t e , the only p o s i t i v e s i g n toward a s o l u t i o n mutual reassurance joint giving Till the b e a r i n g on h i s views correspondent of the Hindu 78 could the not resist irrigation ministries simultaneously. deep, in a l i n k i n g K.L. K.L. stance Moshtaque had question." of Rao, based India on old also noted giving Dhaka to adopted. proved 62 a As to new approach be too to be transfer of important ministers to And Khandakar that rise the to transfer of speculation in the Farakka question to the other vital might Farakka tough p r o p o s i t i o n at prime sharing be issue i n t e r e s t s of both portfolios. a r e a l i s a t i o n by n e g o t i a t o r s both s i d e s that agreement on two himself r e s o l v e d by mere "upgrading" of t a l k s or by s u r e l y , there was The known to d i g l a t e r events were to i n d i c a t e , the countries very almost a h a r d - l i n e r on the Farakka Khandakar Moshtaque Ahmed was that Bangladesh arguments." of being reporter Ahmed's removal from and he wrote, "was a "reputation The Rao's and Gradually and the but leaders on of Ganges waters would be a best. ministers finally met in May 1974 i n the immediate wake of the Simla T r i p a r t i t e Conference between I n d i a , Pakistan, and Bangladesh. A l o t of outstanding were s u c c e s s f u l l y r e s o l v e d . was 16, 6 3 The the Farakka Barrage i s s u e . 1974 exception In the to bilateral these issues successes j o i n t d e c l a r a t i o n of they agreed that there would not be enough water meet the needs of both c o u n t r i e s : The two Prime M i n i s t e r s took note of the f a c t that the Farakka Barrage P r o j e c t would be commissioned before the end of 1974. They recognised that during the period of minimum flow, there might not be enough water to meet the needs of C a l c u t t a Port and the full requirements of Bangladesh and, t h e r e f o r e , the f a i r weather flow of the Ganga i n the lean months would have to be augmented to meet the requirements of both countries. I t was agreed that the problem should be May to 79 approached with understanding so that the i n t e r e s t s of both c o u n t r i e s are r e c o n c i l e d and the d i f f i c u l t i e s removed i n a s p i r i t of f r i e n d s h i p and c o o p e r a t i o n . I t was a c c o r d i n g l y decided that the best means of such augmentation through optimum u t i l i s a t i o n of the water resources of the region a v a i l a b l e to the two c o u n t r i e s should be s t u d i e d by the J o i n t R i v e r s Commission. The Commission should make s u i t a b l e recommendations to meet the requirements of both the c o u n t r i e s . It was recognised that i t would take some years to give effect to the recommendations of the Commission as accepted by the two Governments. In the meantime, the two s i d e s expressed t h e i r determination that before the Farakka P r o j e c t i s commissioned they would a r r i v e at a mutually a c c e p t a b l e a l l o c a t i o n of the water a v a i l a b l e during the p e r i o d of minimum flow in the Ganga. * 6 The importance of the prime m i n i s t e r s ' meeting l i e s f a c t that i t gave the Joint discuss of the flow of the Ganges. no augmentation Rivers Commission forum or method of n e g o t i a t i o n was of the more urgent l a i d down q u e s t i o n of how a mandate for settlement to share the e x i s t i n g N e g o t i a t i o n s on t h i s s h a r i n g took 1975 Serneabat, in February Bangladesh prime brother-in-law and the Power, and J a g j i v a n Ram, Agriculture and They met again w i t h i n two reached. Under 66 Mujibur dry finally D e l h i , between Abdur Sheikh Rab Rahman's Bangladesh M i n i s t e r f o r Water and I n d i a ' s newly appointed Minister However, they made l i t t l e for progress 6 5 in A p r i l s i d e s . and, minister new Irrigation. in t h e i r d i s c u s s i o n s . i n New to Unfortunately season flow of the r i v e r . place i n the this 1975. days, an There was optimism i n t e r i m "understanding" agreement, India could on had been divert q u a n t i t i e s of water f o r f o r t y days beginning the 20th of both small April. 80 India would receive a f r a c t i o n of the water i t had o r i g i n a l l y demanded but the agreement c o n s t i t u t e d an important precedent inasmuch as Bangladesh conceded that India c o u l d begin of the Barrage. agreement. However, too much should not be made of t h i s The understanding s e t t l e d n e i t h e r of the outstanding p r i n c i p a l questions and operation augmentation of the c o n f l i c t : d i s c u s s i o n s on both were to continue. The sharing government-owned Bangladesh Observer noted: The agreement will not d i s t u r b the d i s c u s s i o n s regarding the a l l o c a t i o n of f a i r weather flows of the Ganges during the lean months as envisaged i n the Prime M i n i s t e r s ' d e c l a r a t i o n of May 1 974. 67 The agreement was only operation of an interim one the Farakka Barrage. allowing J o i n t teams were to observe the e f f e c t s of the d i v e r s i o n s a t Farakka, on the and experimental Hooghly River i n s i d e Bangladesh. Though t h i s understanding c o n s t i t u t e d a step forward, were criticisms on both s i d e s of the border. The absence of Serneabat, the Bangladesh m i n i s t e r , from the o f f i c i a l the Farakka Barrage Bangladesh's quoted as misgivings. describing "driblets...in Nevertheless, canal was interpreted as an there opening of expression of Moreover, a West Bengal m i n i s t e r was India's quantities that share do not of serve the water our p u r p o s e . " water s t a r t e d f l o w i n g down the newly b u i l t i n t o the B h a g i r a t h i and j o i n t o b s e r v a t i o n observe the e f f e c t s of these d i v e r s i o n s . as 68 feeder teams s e t out to 81 E. THE QUESTION OF AUGMENTATION While the two ministers a l l o c a t i o n of the e x i s t i n g discussing methods Commission met standstill of were negotiating increasing that December. The flow. on the two teams "the Joint agreed conclusions 6 9 should be augmented by the c o n s t r u c t i o n of storage water becomes concept, a r g u i n g Brahmaputra Chapter 7 0 year the The two 15, 1975, Ganges o«f Mujib was diverting Farakka and 1976. are Mujib was a opposed more discussed killed this "realistic" in detail in a coup d ' e t a t . i n Bangladesh. I t was i n Bangladesh to take over the r e i n s eliminated. Amidst i n t e r n a l p o l i t i c s of the the new reasons team in The Mujib's r u l e had a l i e n a t e d the Awami League from for the m i l i t a r y on was proposals the m a j o r i t y of the p o p u l a t i o n once Indian year IV. On August last The in the that a c a n a l to t r a n s f e r s u r p l u s water from the into alternative. scarce. Ganges r e s e r v o i r s on r i v e r ' s Himalayan t r i b u t a r i e s f o r r e l e a s e l a t e r when two Rivers Bangladesh proposed that the dry season flow of the the the were advocating c o u l d not, t h e r e f o r e , come to any subject." Although was i t s d i s c u s s i o n s came to a d i f f e r e n t methods of augmenting the flow and Commission interim flow, the J o i n t R i v e r s Commission monthly from June 1974, by an Ganges continued undetermined, water all this born country, at the rate did of chaos power i n the the Indians went of 40,000 cusecs at to do so f o r the remainder of Bangladesh q u i t e easy 1975. 71 For not p r o t e s t u n t i l e a r l y 82 Just before the outbreak of renewed, r e p r e s e n t a t i v e s of the two s i d e s met vociferous i n New issue. R e p r e s e n t a t i v e s of Bangladesh's new Gandhi, the officials Indian but at foreign the end u n i n f o r m a t i v e statement was Bangladesh protest note secretary of the released. started 7 2 a D e l h i to d i s c u s s the p r e s i d e n t met and visit other Mrs. relevant only a s t r a i n e d On January year dispute, 15, of p u b l i c 1976 of 73 "surprised The Indian government responded saying that and pained" at such propaganda, i t had been agreed at the p r e v i o u s s i d e s would refrain from " h o s t i l e month's it particularly meeting that 7 February and March, the Bangladesh government p r o t e s t e d withdrawals the maximum mark Indian to the new allowed border. regime Ganges' flow During imminent, of Ganges waters were c o n t i n u i n g at or near by Simultaneously Bangladesh was the both propaganda." " t h i s time, with the low dry season Indian was because f r e q u e n t l y , i n s e v e r a l forums and by a v a r i e t y of media. all the the forty-day understanding c o n s t i t u t e d a breach of the agreement. In a dispute. Bangladesh a l l e g e d that Indian withdrawals at Farakka a f t e r end and the Farakka suffering Barrage Project. from armed a t t a c k s along Awami Leaguers and other- elements, opposed in Bangladesh, were making i n t e r m i t t e n t i n t o the c o u n t r y . raids 7 5 Before n e g o t i a t i o n on the Farakka i s s u e c o u l d resume, there were some p r e c o n d i t i o n s set by both India and Bangladesh had to be met. could start Bangladesh's only position was that which negotiations when the Indian withdrawals s t o p p e d . 76 India wanted to meet only i f the t a l k s were c o n f i n e d to the s h a r i n g of 83 water during made some dispute. the p e r i o d March 15 to May 1 5 . positive suggestions, Bangladesh commissions proposed even the Both 7 7 at the creation for height of talks, India announced a also of the international f o r the Ganges and Brahmaputra r i v e r s the end of March, a f t e r Bangladesh had r e l a x e d sides and, toward 7 8 its precondition concession. Mrs. Gandhi r e p o r t e d l y t o l d the Bangladesh High Commissioner i n New D e l h i : India i s t a k i n g steps to keep up the downstream at the March 15th l e v e l during the r e s t of the season to the extent p o s s i b l e on the b a s i s of availability of waters. I t i s now Bangladesh's to chose i t s response i n a h e l p f u l manner t o pave way f o r r e s t o r a t i o n of mutual c o n f i d e n c e . flow lean the turn the 7 9 At the same time I n d i a had made — effects of Mrs. Gandhi t o l d Bangladesh that the o f f e r f o r the J o i n t R i v e r s Commission to withdrawals on Bangladesh Bangladesh accepted the o f f e r and t a l k s month These in topic. Dhaka. They were were -- study remained resumed the the open. following t e c h n i c a l t a l k s on a r e s t r i c t e d reminiscent of the 1960-1971 period of n e g o t i a t i o n s between India and P a k i s t a n . India again its any agreement c o u l d be former negotiated, The p o s i t i o n , saying that before t e c h n i c a l problems had t o be s o r t e d t a l k s occurred subcontinental the t a l k s shooting rounds were of Bangladesh, Neither announced, on discussions, up i n a p e r i o d when r e l a t i o n s neighbours were at a low ebb. incidents the out. India had the b o r d e r . and Hooghly side issued d e t a i l s 8 1 protested between the before against two The o f f i c i a l s met f o r two through River the what 8 0 A few days travelled of reasserted to they southwestern Farakka Barrage. had achieved, but 84 within a few days of the r e t u r n of the Bangladesh team, B.M. Abbas was quoted as saying that Indian f i g u r e s f o r withdrawals from the Ganges d i d not t a l l y with Bangladesh's measurements. In April 1976, the first Indian withdrawals at Farakka was Bangladesh. of to against emerge within political importance leader c a l l e d upon the g e n e r a l i n Bangladesh to o r g a n i s e a p r o t e s t march to condemn Indian action Farakka. the beginning protest Maulana Abdul Hameed Khan Bhasani, a peasant considerable public consolidated unilateral withdrawal of talks. Ganges waters at Estimates of the size of the march range of thousands to h a l f a m i l l i o n p e o p l e . peaceful with Maulana Bhasani at the head. 8 4 unpleasant Farakka incidents. The 8 5 importance of now rallied this were march country made it a was with the Bangladesh government. Indian f e e l i n g c o u l d be aroused i n Bangladesh that no of the T h i s i n c i d e n t a l s o i n d i c a t e d to the Indian government that in was The p r o c e s s i o n People i n Bangladesh who had only been aware Barrage from The march stopped s i x m i l e s short of the Indian border and there symbolic. the The t h r e a t was c a r r i e d out ten days a f t e r the end of 8 3 hundreds of 82 point to i f the publicize anti- government the issue domestically. Soon a f t e r t h i s i n c i d e n t , I n d i a ' s f o r e i g n s e c r e t a r y , Mehta, led a p u b l i c clamour months. 86 At announced that Nations. "goodwill" over the the m i s s i o n to Dhaka i n mid-June and the dispute beginning of died August, i t had decided to take i t s One f i n a l Jagat down f o r almost however, case to two Bangladesh the U n i t e d round of t a l k s was h e l d before the i s s u e was 85 raised in the United Nations. Rear Admiral Bangladesh l e d a d e l e g a t i o n to New D e l h i but reached. on no four different points: within the Bangladesh Ganges difference of was Basin; Bangladesh's r i g h t to veto upstream t a l k s regarding India favour of d i d not accept withdrawals; there was a augmentation. include Nepal 87 PROCEEDINGS AT THE UNITED NATIONS the first half position Nations, two. had advocated by Dhaka. d i s p u t e of t h i s i n t e r n a t i o n a l support during of 1976 had not been p a r t i c u l a r l y only B e i j i n g and Islamabad nature wholehearetedly The f i r s t could be brought was to i n c l u d e the World over successful-- supported augmentation. up in the United i t s o p t i o n s down to Bank in any further T h i s o p t i o n was suggested to Bangladesh government by one of i t s diplomats on the United N a t i o n s . the Among the v a r i o u s ways i n which a the Bangladesh government narrowed negotiations to was opinion as to the l e n g t h of the dry season; and, Bangladesh's attempt t o muster the agreement in India r e j e c t e d o u t r i g h t any proposal which would F. Khan of The disagreement between India and Bangladesh c e n t r e d augmentation in M.H. secondment He proposed t h a t : at an a p p r o p r i a t e stage of n e g o t i a t i o n s (Bangladesh) may agree to d i s c u s s the Indian p r o p o s a l for a link canal between the Brahmaputra and the Ganges provided that India agrees to a World Bank r o l e i n the realisation of a p r o j e c t i n v o l v i n g Ganges-Brahmaputra basin development. 8 8 The second o p t i o n was to b r i n g the whole i s s u e up i n the Nations General Assembly. United The Bangladesh government chose the 86 l a t t e r course. In p r e p a r a t i o n f o r t h i s , first Bangladesh then I n d i a p u b l i s h e d pamphlets s e t t i n g out t h e i r In order to r a i s e t h e i r grievance diplomats had proceedings in the to n e g o t i a t e of the General agenda maneuvered finally, a of into the a Assembly; committee resolution through to for the with be the 8 9 s u c c e s s f u l l y , Bangladesh the Assembly: an item had that committee had favourable course cases. and item preparatory to be then included had to a p p r o p r i a t e concerns; persuaded to consideration be and, recommend of the a General Assembly. In the f i r s t of the dispute India pressed Committee was procedural Committee, India but the item was accepted. than by the P o l i t i c a l the in item was line referred with to only preparatory representatives were able to case which had India Political The first skirmishes. two India's their losses Rear Admiral M.H. Khan to the S p e c i a l P o l i t i c a l p u b l i c proceedings delay ceased while intermediaries, resolution Again recoup f o r e i g n s e c r e t a r y , Jagat Mehta, r e p l i e d . through Economic Special 9 0 stage, in the put the which f o l l o w e d . A f t e r a postponement, embarrassing At the next Bangladesh's w i s h e s . were Bangladesh consideration Committee. the stages, however, backstage war opposed f o r the q u e s t i o n to be c o n s i d e r e d by the rather defeated; stage was been and At that behind with India's stage, the there followed what amounted to an both p a r t i e s l o b b i e d and withdrawn and evolved Committee and the scenes. The negotiated, Bangladesh r e p l a c e d by a consensus statement the assistance of an ad hoc 87 mediation aligned Syria. committee, countries: There 9 1 c o n s i s t i n g of r e p r e s e n t a t i v e s of f i v e nonAlgeria, i s no doubt Egypt, Guyana, S r i Lanka, that the consensus and r e s o l u t i o n was a way of saving f a c e . Most of the membership of the General Assembly to express t h e i r concerns f o r Bangladesh's was quite another concern i n t o v o t e s . that India, as matter when plight. i t came In the backstage war, were w i l l i n g However, i t to t r a n s l a t i n g Bangladesh countries a l l expressed their u n w i l l i n g to take s i d e s i n the Assembly. One f a c t o r the major powers were themselves, at home, upper India. While sympathies, the course taken by Bangladesh was i t s assessment like realised one of the champions of the non-aligned cause, had a l o t of support from a l l over the t h i r d world. aligned this non- they were influencing that many riparian of states 9 2 As an attempt, to m o b i l i z e support, or t o o b t a i n t h i r d p a r t y intervention, successful. Bangladesh's action in the Bangladesh d i d achieve p u b l i c i t y the consensus U.N. f o r i t s case, r e s o l u t i o n which the General Assembly c o n t a i n one c o n c e s s i o n to Bangladesh's was not very and endorsed d i d objective: It i s open to e i t h e r p a r t y to report to the General Assembly at i t s t h i r t y - s e c o n d s e s s i o n on the progress achieved i n the settlement of the p r o b l e m . 93 The next chapter w i l l analyse the n e g o t i a t i o n s l e a d i n g up to the f i v e - y e a r agreement reached between India and Bangladesh for s h a r i n g the dry season flow of the Ganges i n November 1977. 88 NOTES 1. The Ganges Kobadak P r o j e c t i s a c a n a l i r r i g a t i o n p r o j e c t drawing water from the Ganges at Bheramara, in Kushtia d i s t r i c t . The p r o j e c t was s t a r t e d under the United Nations Technical Assistance Programme in 1951, and the P a k i s t a n government gave i t s approval i n 1954. The p r o j e c t has been bogged down both by technical difficulties and by the inappropriateness for agriculture. Irrigation only s t a r t e d i n the late 1960s. However, u n l i k e some other p r o j e c t s which seemed to have been h u r r i e d through in order to e s t a b l i s h Pakistan's right to historic usage of the water, the Ganges-Kobadak p r o j e c t was sanctioned p r i o r to the approval of the Farakka Barrage. Its construction was started f i r s t and i t s t a r t e d consuming the Ganges waters before the Farakka d i v e r s i o n . 2. Ben Crow, The P o l i t i c s and Technology of Sharing the Ganges. Unpublished Ph.D. dissertation, Edinburgh U n i v e r s i t y , 1980, p.94; Helmut R. Kulz, "Further Water Disputes between India and Pakistan," in The I n t e r n a t i o n a l and Comparative Law Q u a r t e r l y , Vol. 18, (July 1969): 718-739. 3. Government of Bangladesh. Dispute, September 1976, p.12. White Paper on the Ganges Water 4. The Indian m i n i s t e r of irrigation and power made the f o l l o w i n g statement to the Indian Lok Sabha: "...Government of India have agreed to a meeting of experts of India and Pakistan for a limited purpose of d i s c u s s i n g p r o c e d u r a l . d e t a i l s and arrangement f o r exchange of i n f o r m a t i o n . " Lok Sabha Debates, August 25 1959, "Indo-Pakistan Gangetic B a s i n , " S2, 3_3, C o l . 4324. 5. The Hindu, August 6 1960, 6. Helmut Kulz, op. 7. Ibid. talks on the "Talks on E a s t e r n R i v e r s . " c i t . , p.722. 8. For neutral perspectives see Ben Crow, op. c i t . ; also Helmut K u l z , op. c i t . For Indian views see Jayanta Kumar Ray, "The Farakka Agreement," in I n t e r n a t i o n a l S t u d i e s , V o l . 17, 1978, pp. 235-246; f o r Pakistan/Bangladesh views see, for example, S.M. Burke, P a k i s t a n ' s F o r e i g n P o l i c y : A H i s t o r i c a l A n a l y s i s (London: Oxford U n i v e r s i t y Press, 197 3), pp.381 -383. With the exception of most of the Indian w r i t e r s , both n e u t r a l observers and w r i t e r s from Pakistan/Bangladesh are of the opinion that while the barrage was being c o n s t r u c t e d , India d e l i b e r a t e l y put o f f meaningful n e g o t i a t i o n s . 9. Lok Sabha Debates, S i t u a t i o n , " 32, 56, C o l s . August 16 2405-2560. 1961, "International 89 10. Ibid. See a l s o Kulz, op. c i t . , p.723. 11. Ibid. 12. I b i d . , pp.723-724. 13. I b i d . , p.724. 14. Dawn, K a r a c h i , December 15 1967. 15. Ibid. 16. K u l z , op. c i t . , p.724. 17. Dawn, K a r a c h i , July suggestions on Farakka." 16 1968, "India r e j e c t s Kosygin's 18. Only on a very few occasions has India accepted any course other than bilateral n e g o t i a t i o n s f o r the settlement of disputes. The U.N. mediated i n the Kashmir d i s p u t e i n 1949 but reached an impasse. The World Bank provided c o n c i l i a t i o n and mediation f o r the Indus d i s p u t e , and some broader d i s p u t e s were s e t t l e d by an a r b i t r a l t r i b u n a l i n 1948. 19. I t i s i n t e r e s t i n g that the 1977 Treaty with signed a f t e r M o r a r j i Desai became prime m i n i s t e r leader of the Janata c o a l i t i o n which defeated Congress Party at the p o l l s e a r l i e r i n the same 20. Ben Crow, op. Bangladesh was of India as the I n d i r a Gandhi's year. c i t . , p.117. 21. David G. LeMarquand, I n t e r n a t i o n a l R i v e r s : The P o l i t i c s of Cooperation, (Vancouver: Westwater Research Centre, 1977). p.10. 22. The t e c h n i c a l s t u d i e s were c a r r i e d out by T i b b e t t , Abbot, McCarthy, Scratton of the United States and Associated C o n s u l t a n t s and Engineers of K a r a c h i , P a k i s t a n . 23. Lok Sabha Debates, March 31 1969, " C o n s t r u c t i o n of a barrage a c r o s s River Padma by P a k i s t a n , " S4, 2_6, C o l . 46. 24. Dawn, K a r a c h i , June 11, 15, and 21, 1969, "The t r u t h Ganges waters." 25. Government p. 1 3. 26. Ibid. 27. I b i d . , p.14. of Bangladesh. "White Paper..." about op. c i t . , 28. Water I n v e s t i g a t i o n s D i r e c t o r a t e , EPWAPDA, Dhaka. See a l s o Dawn, June 2 1971, "East wing's water needs f o r eastern rivers 90 established," published. in which an aide-memoire sent to India is 29. Harvard U n i v e r s i t y . Center for Population Studies, Bangladesh: Land, Water and Power S t u d i e s , F i n a l Report, June 1972, p.1. 30. Revelle had been a s s o c i a t e d with President Kennedy's technological approach to the s o l u t i o n of a l l manner of problems. See E.B. Skolnikoff, Science, Technology, and American F o r e i g n P o l i c y , (Cambridge: Massachusetts I n s t i t u t e of Technology Press, 1967), pp.156-157. 31. Roger R e v e l l e and V. Lakshminarayana, Machine," i n Science, May 9 1975, pp.611-616. 32. Ben Crow, op. "The c i t . , p.121. 33. The Barrage i t s e l f was complete but the 26.4 mile c a n a l was not f i n i s h e d u n t i l December 1973. 34. Kulz, op. Ganges feeder c i t . , p.724. 35. There were outstanding d i s p u t e s between India and P a k i s t a n in areas of Kashmir and the Rann of Kutch, bordering the Rajasthan Desert. 36. See Appendix D. of the United Nations f o r Consensus Statement put on the General Assembly. agenda 37. Dawn, K a r a c h i , July 16 1968, "India r e j e c t s Kosygin's suggestions on Farakka." Pakistan's foreign minister at the time Arshad Hussein had s e v e r a l t a l k s with Roger R e v e l l e and a l s o the p r e s i d e n t of the World Bank regarding a multilateral approach t o Farakka. 38. The Awami League, under the l e a d e r s h i p of Sheikh Mujibur Rahman won 167 out of 169 seats i n the N a t i o n a l Assembly i n Pakistan from East P a k i s t a n i n December 1970. Since the Awami League wanted t o c a p i t a l i z e on the Farakka i s s u e , i t i s u n l i k e l y that t h e i r views would have r e f l e c t e d the a c t u a l s t a t e of affairs. As i t turned out, t h e i r own a t t i t u d e toward I n d i a regarding the Farakka Barrage was as strong as the P a k i s t a n government's had been a f t e r Bangladesh was c r e a t e d . 39. I n d i a . M i n i s t r y of E x t e r n a l A f f a i r s , Bangladesh Documents, "Awami League M a n i f e s t o , " p.81, undated, New D e l h i . 40. Kulz, op. c i t . , pp.734-735. 41. As e a r l y as February 1972, the prime m i n i s t e r s of Bangladesh and India met and decided to c r e a t e the IndoBangladesh J o i n t R i v e r s Commission to look i n t o the problem of sharing the water resources of the r e g i o n . See Appendix A for 91 the Statute of the J o i n t Rivers Commission for a detailed d e s c r i p t i o n of i t s f u n c t i o n s and r e s p o n s i b i l i t i e s . 42. Jayanta Kumar Ray, "The Farakka Agreement," in International Studies, V o l . 17, 1978, pp.235-246. In t h i s a r t i c l e P r o f e s s o r Ray launches a s c a t h i n g a t t a c k on the Janata Government's policy of t r y i n g to b e f r i e n d Bangladesh by s a c r i f i c i n g the needs of C a l c u t t a and West Bengal. Indira Gandhi had always been a g a i n s t the 1977 Agreement. 43. B.M. Abbas was the a l t e r n a t e leader i n the f i r s t f i v e e x p e r t s ' meetings h e l d between India and Pakistan. After the independence of Bangladesh, Abbas became Advisor to the Prime M i n i s t e r on f l o o d c o n t r o l , i r r i g a t i o n , and power, and, i n that capacity was Bangladesh's c h i e f n e g o t i a t o r on the Farakka i s s u e with I n d i a . He was also the f i r s t chairman of the IndoBangladesh J o i n t R i v e r s Commission. 44. The Hindu, January 23 1972, " J o i n t Indo-Bangla steps f o r f l o o d c o n t r o l mooted." Subsequent a r t i c l e s i n January 24 and 29 i ssues. 45. S a t i s h Kumar (ed.) Documents on India's F o r e i g n P o l i c y 1972 , ( D e l h i : Macmillan, 1975). Joint Statement on the talks between the prime m i n i s t e r s on February 8, 1972. 46. Treaty of F r i e n d s h i p , C o - o p e r a t i o n and Peace between the People's Republic of Bangladesh and the Republic of I n d i a , of March 19 1972, A r t i c l e 6. 47. S a t i s h Kumar, op. c i t . 48. Appendix A. 49. Appendix A. 50. S a t i s h Kumar, op. c i t . Press note of June 26 1972. 51. Hindustan Times, May 5 1972, "Eastern H o r i z o n s ; " a l s o , Keesinqs Contemporary A r c h i v e s , A p r i l 9-15 1972, p.25822, "IndoBangladesh J o i n t R i v e r s Commission." 52. The Times of I n d i a , August 2 and 15, 1972, not h i t Bangla's i n t e r e s t s : Dr. Rao," and M i n i s t e r happy." "Farakka will "Bengal Chief 53. M. Maasland, Water Development P o t e n t i a l s of the GangesBrahmaputra- Meghna River B a s i n s , World Bank S p e c i a l Project Department, Washington, August 30 1972, (with r e v i s i o n s February 12 1973), p.1. 54. Ibid., p.20. 55. S a t i s h Kumar, op. c i t . Press r e l e a s e of December 13 1972. 92 56. Taking the i s s u e s in order: "Major r i v e r b a s i n s " could apply to the Brahmaputra, to the Ganges, or, s t r e t c h i n g the "major" somewhat, to the Teesta. The scarcity of dry season water i s much l e s s on the Brahmaputra. The l i k e l i h o o d i s that the press r e l e a s e i s p r i m a r i l y referring to the River Ganges. "Development works of mutual i n t e r e s t " in the s t r e t c h of the Ganges r e f e r r e d to could be (1) the Farakka Barrage, (2) the Ganges-Kobadak P r o j e c t , or (3) the proposed Ganges Barrage. 57. The 58. to The PMs." Times of I n d i a , J u l y 13 and Times of I n d i a , J u l y 19 14, 1973. 1973. "Farakka d e c i s i o n l e f t 59. S a t i s h Kumar (ed.) Documents of India's Foreign P o l i c y , ( D e l h i : Macmillan, 1 9 7 6 7 ^ Press r e l e a s e of J u l y 18 1973. 1973 60. During the independence s t r u g g l e i n Bangladesh from March 25 to December 16, 1971 the Chinese government had always supported the p o s i t i o n of the c e n t r a l government i n Islamabad. To some people i n Bangladesh t h i s was a cop-rout and others were perplexed because Mao's philosophy is full of revolutionary struggles. In the matter of P a k i s t a n versus Bangladesh, the government in B e i j i n g was always c l e a r . In fact the Chinese recognition of Bangladesh came only after Mujib had been assassinated. A l s o the h o s t i l i t y between China and India i s well known. As long as a s u i t a b l y a n t i - I n d i a n government p r e v a i l s i n Dhaka, token Chinese support can be counted on. 61. F o r e i g n A f f a i r s Record, February 1974, Vol. XX, "Indo-Bangladesh J o i n t Communique," of February 15 1974. 62. The Hindu, March 23 1974, "Indo-Bangla stand on (by R. Krishna Moorty from Dhaka). p.34, Farakka." 63. The May meeting i n 1974 between Mrs. Gandhi and Sheikh Mujibur Rahman i s reported to have been very s u c c e s s f u l . A number of b i l a t e r a l i s s u e s were r e s o l v e d and new areas of cooperation agreed upon. The f o l l o w i n g i s a complete l i s t of t h i n g s d i s c u s s e d and t h e i r r e s u l t : i ) many small boundary d i s p u t e s were s e t t l e d ; i i ) c l o s e r trade cooperation was agreed upon; i i i ) both c o u n t r i e s pledged to i n c r e a s e exports to meet balanced trade t a r g e t s set at e a r l i e r t a l k s ; iv) establishment of four j o i n t i n d u s t r i e s , t a k i n g raw m a t e r i a l s from one country to labour and machinery in the other, was agreed upon; v) i t was agreed that a j o i n t survey would be c a r r i e d out f o r a r a i l l i n k to connect C a l c u t t a with A g a r t a l a (a d i s t r i c t of India l y i n g to the east of Bangladesh); and v i ) p r o t o c o l s were signed making new Indian c r e d i t s a v a i l a b l e to Bangladesh. 93 64. Foreign A f f a i r s Record, May 1974, "Indo-Bangladesh Joint D e c l a r a t i o n " of May 16 1974, p.55; a l s o , The Hindu, May 17 1974, " I n d i a , Bangladesh sign p o l i t i c a l , economic, p a c t s . " 65. 61 . Lok Sabha Debates, March 24 1975, S5, V o l . 66. The Hindu, A p r i l waters problem." 17 1975, "Short-term 67. Bangladesh Observer, A p r i l 44,000 cusecs i n lean p e r i o d . " 19 1975, L, 25, C o l . solution to Ganga "Bangladesh w i l l get 68. Marcus Franda, "Indo-Bangladesh R e l a t i o n s , " i n American U n i v e r s i t i e s F i e l d s t a f f Reports, South A s i a S e r i e s , V o l . XIX, 16, September 1975, p.10. 69. Government of p. 1 6. 70. Bangladesh. "White Paper..." op. c i t . , I b i d . , pp.14-16. 71. In a statement printed i n The Hindu, February "Ganga waters: India r e f u t e s Bangla c l a i m , " an Indian of external a f f a i r s spokesman wrote: " I t i s no s e c r e t one that the Farakka Barrage has been operating at optimum c a p a c i t y 40,000 cusecs s i n c e June 1975." 19 1976, ministry from any near or 72. The Statement only i n d i c a t e d that the Indian government was alarmed about Bangladesh's treatment of Hindus i n Bangladesh and that Bangladesh had complained of g u e r r i l l a a t t a c k s from w i t h i n India. Foreign A f f a i r s Record, December 1975, "Indo-Bangladesh J o i n t Statement" of December 8 1975, pp.319-333. 73. Keesing's Contemporary A r c h i v e s , "Bangladesh: the Farakka Dispute." October 15 1976, 74. Foreign A f f a i r s Record, January 1976, "Official Statement on a n t i - I n d i a n propaganda i n the Bangladesh p r e s s , " January 10 1976, p.1. 75. Ziaur Rahman, Bangladesh's c h i e f m a r t i a l law administrator t o l d a Swedish newspaper t h a t : "The Indians have sent s e v e r a l thousand men a c r o s s the border i n the north. They are Bangladesh c i t i z e n s but are equipped and supported by the Indian army." See Crow, op. c i t . , p.402. 76. Bangladesh Observer, March 15 1976, "Talks meaningless unless India stops withdrawal of Ganges water u n i l a t e r a l l y . " 77. Xinhua News Agency, March 16 1976, t a l k s on Ganges waters r e j e c t e d . " "Indian precondition for 94 78. The Hindu, March 19 1976, for t a l k s on Farakka." 79. The Hindu, March 30 1976, with the envoy." "Bangla r a i s e s extraneous "PM stresses issues Indo-Bangla amity 80. F o r e i g n A f f a i r s Record, A p r i l 1976, " O f f i c i a l statement of Indo-Bangladesh t a l k s on Ganga waters." of A p r i l 26 1976. 81. Ibid. 82. Bangladesh Observer, May 12 1976, t a l l y with a c t u a l o b s e r v a t i o n s . " "Indian figures do not 83. Bangladesh Observer, A p r i l 19 1976, "Bhasani p l a n s s i l e n t March to Farakka;" see, a l s o , Dawn, A p r i l 20 1976, Bhasani plans p e a c e f u l march on Farakka." 84. Dawn, May 17 1976, border;" see, a l s o , New " F i v e l a k h people s t a r t trek York Times, May 17 1976. to Indian 85. F o r e i g n A f f a i r s Record, May 1976, " O f f i c i a l Statement of a n t i - I n d i a n propaganda over Farakka;" see, a l s o , Far E a s t e r n Economic Reiview, May 28 1976, "Bhasani's march f o r s u r v i v a l . " 86. Keesing's Contemporary A r c h i v e s , "Bangladesh: the Farakka d i s p u t e . " October 15 1976, 87. F o r e i g n A f f a i r s Record, September 1976, "Official Statements on a n t i - I n d i a n propaganda on Farakka," of September 4 an 10; see, a l s o Bangladesh Observer, September 12 1976, "Absurd Indian ideas thwart Farakka i s s u e . " 88. Syed Anwarul Karim, I n t e r n a t i o n a l i z a t i o n of the Ganges Water Issue with S p e c i a l Reference to the U n i t e d Nations on a paper submitted i n June 1976, p.39. 89. Government of -«India. M i n i s t r y of E x t e r n a l A f f a i r s , The Farakka Barrage, s e v e r a l e d i t i o n s , undated, New D e l h i (probably first published in late September 1976); Government of Bangladesh. Ministry of F o r e i g n A f f a i r s , White Paper on the Ganges Water D i s p u t e , September 1976. 90. U n i t e d Nations Document (Summary Record) A/BUR/31/SR.1, pp.7-10 and 13-14, records t h i s d i s c u s s i o n . 91. F o r e i g n A f f a i r s Record, November 1976, statement on Farakka i s s u e , " pp. 321-328. "Foreign S e c r e t a r y ' s 92. T h i s account i s based on i n t e r v i e w s conducted by Ben Crow with Bangladesh diplomats i n New York and with a d e l e g a t e to the Special Political Committee who was present when the item was raised. See Crow op. c i t . , p. 407. 95 93. See consensus statement i n Appendix D. 96 IV. The of the THE 1977 BREAKTHROUGH AND ITS AFTERMATH d i s c u s s i o n of the Farakka i s s u e i n the General Assembly United negotiation Nations between India formula f o r a quick Bangladesh who neither and that Although their there of progress was a c h i e v e d . of the issue had been this was achieved the process First, 1 were government's c a l l e d , almost e i g h t years a f t e r the f a c t sort the Bangladesh i n some measure. Second, issue i n the U.N. of India the fact i t seems just that government's More s t a t e s became aware of taken by the express between India not be made of Bangladesh's U.N. the same p e r i o d , underwent several the important Indian Bangladesh e f f e c t on the outcome of the Farakka indicates However, strategy domestic changes wishes T h i r d , the and that the Bangladesh move had p a i d some d i v i d e n d s . during the that Bangladesh brought up the must have embarrassed the l a t t e r c o u n t r y . should some intention, one year a f t e r the issue was r a i s e d i n the U.N. much in i f internationalization General Assembly a g a i n s t f a c t that the t r e a t y was signed many b l u f f had been the Farakka Barrage issue and the r e s p e c t i v e stand disputants. of Bangladesh nor o f f e r e d any new solution. felt hastened too because political scene which undoubtedly had an question. At the end of 1976, Emergency Rule i n India came to an end. In the general e l e c t i o n s of March 1977, head Janata of the coalition overwhelming m a j o r i t y . political change should While the was Morarji voted into importance not be o v e r r a t e d , note that w i t h i n nine months of the 2 Janata Desai of at the power the by an domestic i t i s i n t e r e s t i n g to Party's coming to 97 power in New Ganges was Delhi, a t r e a t y over s h a r i n g . t h e waters of the signed between I n d i a and Bangladesh. T h i s chapter examines the process by which the 1977 emerged, discusses some Treaty of the l i m i t a t i o n s of the t r e a t y , and records the progress of d i s c u s s i o n s about i n c r e a s i n g the Ganges' dry season flow. government's i t was It "softer" played argued that stand on Farakka by no means the Bangladesh is only or the a very c r u c i a l while time on most willing certain that to reach agreement was important reason. r o l e i n a r r i v i n g at the terms the Indian government. used once i t became Janata helped reach agreement, of the t r e a t y by p u t t i n g the r i g h t amount right the the of pressure at the The approach Bangladesh Janata government that of "maximizing was b e n e f i t s and minimizing c o s t s . " In the 1977 principle Farakka the dry The last that Treaty both there Barrage was and agreed in not enough water f l o w i n g through the i n the dry season. season Both p a r t i e s concluded of chapter the dry season deals PRELUDE TO THE with but no progress was headed by V i c e Admiral M.H. and, problem of analyses GANGES WATERS TREATY made. d i f f e r e n c e from previous meetings, Bangladesh that I n d i a on t h i s q u e s t i o n . R e p r e s e n t a t i v e s of I n d i a and Bangladesh 1976 the flow of the Ganges and the stands taken by Bangladesh and A. Bangladesh flow of the Ganges would have to be augmented. s e c t i o n of t h i s augmentation India on the There however. Khan who was met was in December, one important This meeting was then the navy c h i e f of Indian s i d e J a g j i v a n Ram, India's new 98 agriculture minister substantive issues important p o l i t i c a l of many in again off not these and says two on the that diversion the leaders Reports important India of was i n New more meeting ended, the than Indian 15,000 however, e l a b o r a t e d the hopes This the was meeting being broken discussion sharing. One was report "more than h a l f " the willing cusecs. 3 to accept that dry India's A f t e r the New government announced ended without agreement. the in s i g h t . before that Bangladesh not raised because Delhi i s s u e of water Bangladesh was the adjourned, resumed, adjourned indicate offered Although same, the meeting between for some time yet then resumed again season flow but had still delegation. leaders of both c o u n t r i e s to be altogether. focussed were their Bangladesh that a s o l u t i o n was unfortunately between headed Delhi the talks A Bangladesh government spokesman, on the deadlock in the f o l l o w i n g words: The negotiations were not successful because the Indian s i d e f a i l e d to recognise the urgency of the situation and the serious adverse effects on Bangladesh of the continuous withdrawals of Ganges water at Farakka, e s p e c i a l l y with the onset of the dry season s i n c e November." The details Eastern was of the t a l k s , described a month l a t e r Economic Review, r e v e a l that the snubbed for Indian domestic Bangladesh political i n the delegation reasons. scheduled meetings were unceremoniously c a n c e l l e d to the of M.H. Khan who was l e a d i n g the Bangladesh d e l e g a t i o n . the Bangladesh team l e f t head of I n d i a ' s called on policy Admiral f o r home, however, J a g j i v a n Ram planning Khan to t e l l division, him G. Far Two chagrin Before and the Parthasarathy, " o f f the r e c o r d " that the 99 Indian and government c o u l d not i n i t i a t e any new move could not consider any proposal presented on i t s own, by Bangladesh because, "such a move would have s e r i o u s adverse e f f e c t s on the Congress Party's e l e c t i o n chances, e s p e c i a l l y i n West B e n g a l . " Cancellation of scheduled meetings with the 5 Bangladesh d e l e g a t i o n may a l s o have been I n d i a ' s way of showing d i s p l e a s u r e with Bangladesh's move i n the United if India was telling internationalization its would Nations. I t was almost as subordinate neighbour that not h e l p Banglasdesh's cause i n any way. Although n e g o t i a t i o n s were broken o f f and of an immediate settlement breakdown of negotiations the possibility seemed remote, n e i t h e r side used the to generate propaganda. The Bangladesh government knew f u l l w e l l that to blame the breakdown of talks on the Indians l i m i t a t i o n s of the U.N. part, were content would draw domestic a t t e n t i o n to the resolution. 6 The Indians for their to keep a low p r o f i l e s i n c e the s t a t u s quo s u i t e d t h e i r own i n t e r e s t s . During the e a r l y months of 1977, P r e s i d e n t Bangladesh and Iran. to gain paid support of M.H. s t a t e v i s i t s to the People's Republic During these v i s i t s , international Farakka i s s u e . support from Chinese l e a d e r s Khan's the the Bangladesh president f o r h i s country's visit two i n January 1977. 7 tried stand on the nations would commitment, be able of A f t e r the f a i l u r e to New D e l h i , Z i a v i s i t e d making any of of China He was s u c c e s s f u l i n e x t r a c t i n g d e c l a r a t i o n s Shah t a c t f u l l y avoided hoped Ziaur Rahman Iran but the saying to that settle he their 100 differences. 8 Bangladesh c o u l d international months of support 1977. for therefore its stand In the words of Ben muster only limited on Farakka in the e a r l y Crow: Bangladesh c o u l d muster the support of only a few friendly nations. Amongst the more powerful, only China was willing to make p u b l i c declarations of support and, since China and I n d i a and not r e s o l v e d the d i f f e r e n c e s which had caused the 1962 war, that support could not be r e a d i l y converted i n t o pressure on the Government of I n d i a . 9 Bangladesh's p o s i t i o n in the n e g o t i a t i o n s propitious turn at this point. In March 1977, f a c t i o n of the Congress Party was defeated Janata c o a l i t i o n headed by M o r a r j i D e s a i . New Delhi was pledged to a p o l i c y of a s i m i l a r p o l i c y , any manifestation noticeably in India's Mrs. new 1975. sought tangible 11 neighbourliness" were made on The of good-neighbourliness relations right both Ram, a dramatic following report Indian there from its and, was occasion actual negotiations, its with policy inception. within 10 weeks was Bangladesh Rahman in hand, had of "good- Some concessions of the Indian were resumed once more. who m i n i s t e r , headed the was from sides election, negotiations Jagjivan from the a l s o been committed to Janata government, on the other results by government in e s p e c i a l l y a f t e r the a s s a s s i n a t i o n of Sheikh Mujibur August, Gandhi's at the p o l l s The a "good-neighbourliness." Although I n d i r a ' s Congress government had absent seemed to take now the Janata government's defence delegation to Dhaka in April. It by most accounts but when i t came to was more drama than the Far Eastern agreement. Economic Review The records 101 the events immediately a f t e r the meeting of A p r i l 15, 1977: In a rare i f not unprecendented outburst of rage India's Babuji J a g j i v a n Ram shouted at pressmen, w a i t i n g at the s t a t e guest house here ( i n Dhaka), "Take i t from me, nothing has been s e t t l e d . . . " And h a l f an hour l a t e r at the a i r p o r t , while Khan and Ram remained behind c l o s e d doors i n the VIP lounge, Jagat Mehta ( I n d i a ' s f o r e i g n s e c r e t a r y ) read out a onesentence statement to newsmen: "An understanding has been reached the d e t a i l s of which are to be worked out at a meeting of the o f f i c i a l s of the two governments to be h e l d i n D e l h i as soon as p o s s i b l e . " 1 2 When Mehta was should asked to e l a b o r a t e , however, he r e p l i e d that they not ask him any more q u e s t i o n s i n the " i n t e r e s t of Bangladesh friendship." Indo- 1 3 It seems that some sort of agreement was reached, however, and that India had made a c o n c e s s i o n on the q u a n t i t y of water be given Bangladesh to in the d r i e s t ten-day p e r i o d of the y e a r . Although the d e t a i l s of t h i s "understanding" authoritatively they published, can be have never tentatively been pieced together from what d i f f e r e n t p a r t i e s t o l d the newspapers at the t ime. In concede might January, the Indian had been w i l l i n g to in the driest be reduced to 25,000-27,000 cusecs. One that the withdrawals at Farakka c o v e r i n g the A p r i l round figure cusecs, of 20,500 d r i e s t p e r i o d , was the delegation quantity of discussions suggested 1 in is the case, then report that the to be withdrawn by India d u r i n g the the treaty signed November, i t seems probable that t h i s report that newspaper agreed upon by both s i d e s . " specified periods the Indian was Since the this following correct. d e l e g a t i o n had is If conceded 1 02 between 4,500 to 7,000 cusecs, w h i l s t Bangladesh had only 500 to 3,500 c u s e c s . The other Earlier, made by India India had May, Treaty, was a five-month dry In p e r i o d of s h a r i n g , i s s u e s , however, remained c a l l e d understanding of A p r i l . was the division The the wanted November from January to problem unresolved in most important five-month the so- issue i n t h i s of water between the two throughout the remainder of the term season. the agreed upon. Certain category the by them as from mid-March to mid-May, whereas Bangladesh had a seven-month, November to May, 1977 involves i n s i s t e d on a lean season, the p e r i o d of lowest Ganges flow d e f i n e d period away 1 5 important concession l e n g t h of the dry p e r i o d . given period. countries The long- of augmentation of the Ganges' flow a l s o remained unresolved. The meetings question of between India i n New help to B.M. Delhi. plan the but of the in i n t o a deadlock. was Ganges. reached 16 Jagat Mehta of third-party The It is at a later meeting. meeting between because Jagat agreement Mehta would technical quite to i n c r e a s i n g deadlock was finally 17 One and have dry would be B.M. Abbas the season by s t a t e s that the prejudiced views broken report was The possible because of c o n t r a d i c t o r y agreement i n p r i n c i p l e that both c o u n t r i e s ' p r o p o s a l s studied subsequent India r e j e c t e d t h i s p r o p o s a l . presented by both p a r t i e s with regard flow raised Bangladesh proposed ran impasse was Abbas of Bangladesh and projects meeting t h e r e f o r e that augmentation first postponed forthcoming 103 legislative assembly e l e c t i o n s i n West B e n g a l . There are r e p o r t s that Bangladesh was promise from the negotiations Bangladesh with government attacks. In June India had 1977, from bases i n over the Farakka in the issue tied to meet in London the across the Zia and informally. agreed to "see that no s h e l t e r was from extract guerrilla India. issue, of Prime to Minister criminal elements period was promised released acceptable to territory. be prevent India had now and, second, the further g u e r r i l l a two the q u a n t i t y Indian government a t t a c k s i n t o Bangladesh its own Farakka, i n any f u t u r e d i s c u s s i o n the Jagat Mehta and B.M. meeting decided to put p r o p o s a l regarding the long-term augmentation Republic of China and Nepal should a l s o be the however, Abbas met differences a c c o r d i n g to the o f f i c i a l accounts, made Bangladesh, viewing India's c o n c e s s i o n s as a sign of q u e s t i o n , s u g g e s t i n g that this restored to Bangladesh during the five-month w i l l i n g n e s s to reach a s o l u t i o n over forward under 20 c o n c e s s i o n s from Bangladesh's p o i n t of view: f i r s t , to the At t h i s meeting Desai given in n e g o t i a t i o n s over the Farakka i s s u e . water In guerrilla From t h i s p o i n t onward, a degree of c o n f i d e n c e was of 1 9 border, whatever might have taken p l a c e previous regime." a the Commonwealth Conference once again p r o v i d e d an o p p o r t u n i t y f o r P r e s i d e n t Desai t r y i n g to Indian government not to encourage o p e r a t i o n s i n t o Bangladesh t e r r i t o r y its 1 8 were less 2 1 i n Dhaka i n August. between statement, included. People's the "narrowed sanguine. two During sides down." 22 Bangladesh were, Other was 1 04 apparently sticking programmes were to its not a that f a c t that consensus had been reached on a l l aspects of the Farakka i s s u e , there were that the settlement. J a g j i v a n Ram Despite 2 3 Indian during the the bilateral, government visited Merchant Chamber of Commerce that Bangladesh for development for indications matter long-term but quadrilateral discussion. not case West was preparing Bengal " i t would not monsoons and leave and for a told the be f a i r to f l o o d i t dry in the summer months when i t too needs water." " West Bengal l e a d e r s were not convinced the 2 and lobbied the Central maximum d i v e r s i o n at Farakka, but was was government, demanding to no apparent effect. It 2 5 c l e a r from J a g j i v a n Ram's statement that Desai's government ready to put its policy of "good-neighbourliness" into operation. Talks when B.M. was between India and Bangladesh resumed i n September Abbas l e d a Bangladesh d e l e g a t i o n to New It at , t h i s stage that the Bangladesh government, e n v i s a g i n g treaty from i n the India. f u t u r e , decided to extract that agreement rebutted the had been reached. t h i s statement, understanding. 26 By saying and that it B.M. was Abbas, only a said sharply verbal mid-month the t a l k s reached a snag because on f u t u r e d i s c u s s i o n s over the long-term q u e s t i o n of benefit Bangladesh, however, of Bangladesh's i n s i s t e n c e India, maximum a E a r l y in September, Prime M i n i s t e r Desai r e f e r r i n g to the A p r i l meeting between J a g j i v a n Ram The Delhi. including course would have nothing reasons behind India's r e f u s a l are China and Nepal in of augmentation. to do with t h i s proposal. l u c i d l y explained in t h i s 1 05 e d i t o r i a l by G.K. Reddy i n The Hindu : India cannot a f f o r d to l e t Nepal line up with Bangladesh and to look to China f o r i n s p i r a t i o n . . . A n d whatever King B i r e n d r a ' s (of Nepal) f i x a t i o n , India has to d i s p l a y a l l p o s s i b l e p a t i e n c e and imagination in making him r e a l i s e in h i s own way where Nepal's own interests lie in the geopolitics of the subcont i n e n t . 2 7 Toward the end meeting between of the month, there were h i n t s that a summit Zia and agreement c o u l d be reached. had but been achieved of each other's the summit basic was the Upon Indian forwards their met, that the set B.M. 2 8 As and and remained was how during remaining however, for a while visiting in would to May, dry be already In the A p r i l reached on how ten-day understanding, period; b) and therefore question two periods had of that countries the only 30, t h i s p e r i o d being the d r i e s t five been much water each country would r e c e i v e during to A p r i l a c) the p r i n c i p l e studied agreement to been reached on the only unresolved fourteen final acceptable ten-day season; and be and receiving 29 not backwards to d i v i d e the water between the months. 21 agreement out., Z i a was Dhaka, f o r the leanest f o r the time being, period A p r i l before a l i n g e r i n g suspicion i t turned v e r b a l agreement had January the an T a l k s were h e l d up long-term development should aside was of Abbas s h u t t l e d Delhi would a) s e t t i n g the d i v i s i o n five-month, necessary main d e t a i l s south of India and and New i n s t r u c t i o n s on what Since be r e t u r n , the P o l i t i c a l A f f a i r s Committee of between Bangladesh. would r e a l hurdle required. in the cabinet The intentions. not because Desai was Egypt. the Desai the spell. 106 The five-month dry period p e r i o d s and agreement had India Bangladesh and ten-day was divided into fifteen not yet been reached on how would linear r e c e i v e i n the remaining distribution eighths of the flow or an asymmetric d i v i s i o n . of the Ganges' presumably flow given Bangladesh f o r the whole of the p e r i o d of s h a r i n g . An asymmetric d i v i s i o n , on the would an give India India would r e c e i v e an 30 accepted was increasing acceptable September 30, period 1977, Treaty A 3 0 five-month hand, flow. From an asymmetric d i v i s i o n which meant that t h i s only when Desai extended Waters an a five- other i n c r e a s i n g p r o p o r t i o n of the Bangladesh's standpoint, M.H. fourteen f i n a l problem seems to have been on a c h o i c e between l i n e a r d i v i s i o n would have an much water periods. The April ten-day of proportion alternative. had sharing. 3 1 In Surjit after the Bangladesh early initialled. ( t e x t in Appendix B) was and water However, Bangladesh agreed to meet the agreement was Khan of Bangladesh of signed Singh on morning of The Ganges on November 5, Barnala, the by new Indian M i n i s t e r of A g r i c u l t u r e . B. THE GANGES WATERS TREATY: ITS LIMITATIONS AND The Ganges Waters fifteen articles. describes in The detail for increasing part c o n t a i n i n g the consists of f i r s t part c o n s i s t i n g of three seven parts and articles arrangements f o r the s h a r i n g of waters of the Ganges at Farakka. a r t i c l e s addresses the Treaty IMPLICATIONS The second important dry part consisting of four i s s u e of long-term arrangements season flow of the Ganges. four a r t i c l e s d e a l s with clarification The of final the 107 terms of the t r e a t y and a l s o s e t s down a time l i m i t f o r future discussions. While the t r e a t y i t s e l f government, there i m p l i e d success f o r the Bangladesh were some a r t i c l e s w i t h i n the document which e s p e c i a l l y protected i t s i n t e r e s t s . treaty, for instance, Article II (ii) of the states: ...Provided further that i f d u r i n g a p a r t i c u l a r t e n day p e r i o d , the Ganga flows at Farakka come down t o such a l e v e l that the share of Bangladesh i s lower than 80 per cent of the (agreed s h a r e ) , the r e l e a s e of waters to Bangladesh d u r i n g that ten-day p e r i o d shall not f a l l below 80 per cent of the (agreed s h a r e ) . 3 2 This was government the "safeguard" clause requested by the Bangladesh (and assured by the Janata government) to ensure that continued upstream withdrawals would not d i p i n t o whatever of the waters government was was allocated to Bangladesh. The share Bangladesh w e l l aware that the waters reaching the Farakka Barrage ( i n West Bengal) where d i v i s i o n of the waters would take place would dwindle as i r r i g a t i o n was extended i n clause India. This would guarantee Bangladesh's share d u r i n g the d r i e s t ten days at the end of A p r i l at 27,-600 cusecs, 80 per cent, that i s , of 34,500 c u s e c s . The empowered 3 3 Indo-Bangladesh Joint Rivers Commission under A r t i c l e IX of the t r e a t y to produce schemes f o r augmentation and propose a s o l u t i o n which would and feasible." The t r e a t y first be to both governments three years of the t r e a t y ' s d u r a t i o n . had any doubts about "economical f u r t h e r p r o v i d e d that the JRC would have t o submit i t s recommendations the (JRC) was India's sincerity, Article within I f Bangladesh XII, which 108 stated that the "quantum of water Bangladesh at Farakka... s h a l l not agreed to be be reduced," released provided to some measure of assurance. At first glance, the h i s t o r i c dispute over the and On Bangladesh. that this 1977 t r e a t y seems to have r e s o l v e d sharing of Ganges waters between India c l o s e r s c r u t i n y , however, i t treaty only the e x i s t i n g flow. solved the To r e s o l v e the becomes immediate problem of more complicated augmentation, the t r e a t y only e s t a b l i s h e d n e g o t i a t i n g and a deadline which the for d i s c u s s i o n s . treaty The no way the most e f f i c i e n t signalled By mutual population that as before to conclude a l a t e r for a treaty, during a and Bangladesh while solution would long-range agreement. therefore, In the words of a an agreement 34 cannot be i n t e r p r e t e d as an international river. ideal It product of i t s h i s t o r i c a l circumstances, the d i s p u t e s f o r c e d the two c o u n t r i e s to circumstances d i c t a t e d that n e g o t i a t i o n on one the dry aspect enter into of the development of the season flow. of solution, a pactum de contrabendo or final in because of the r i s i n g needs of agreement f o r the development of an the India on both s i d e s of the border. lawyer, the t r e a t y was The of procedures to both s i d e s , i t was both desire recognising r e q u i r e hard b a r g a i n i n g the issue to manage the water resources s i g n i n g the t r e a t y their simultaneously sharing would be e f f e c t i v e a l s o i n d i c a t e s that while acceptable the Ganges. clear f i v e - y e a r time l i m i t t h i s temporary s o l u t i o n was way an an agreement. should river, Future t r e a t i e s may which These concentrate augmentation be r e q u i r e d to is only of resolve 109 disputes a r i s i n g C. from other NEGOTIATION OVER THE aspects of r i v e r i n e QUESTION OF development. AUGMENTATION Although n e g o t i a t i o n s s t a r t e d immediately a f t e r the of the Ganges Waters i n t e r m i t t e n t l y and 1979, and most Treaty, little the progress meetings was made. signing continued During only 1978 and of the d i s c u s s i o n s between r e p r e s e n t a t i v e s of Bangladesh centred on 35 procedural issues. There India were no meaningful examinations of the a l t e r n a t i v e augmentation schemes. In several Commission meetings (JRC) of during the the Indo-Bangladesh 1978-1979 period, Joint no Rivers achievements were announced. In India. late 1977, President Ziaur Rahman of Bangladesh v i s i t e d During h i s v i s i t i t was upgraded to government. include By 36 transformed virtue of relevant this The political intertwined. influence and decision, upgrading of the JRC aspects of whatsoever on the the this JRC's no be from each JRC was recommending with "greater" by mutual agreement i s an increasing I t i s only i r o n i c that would the t e c h n i c a l commission m i n i s t e r i a l - l e v e l commission made predecessor. JRC ministers i n d i c a t i o n that both governments recognised and the from a p u r e l y t e c h n i c a l body with only powers, to a p o l i t i c a l powers. the decided.that more that the Ganges technical flow "upgrading" were had no efficiency—the new progress than its 110 D. THE INDIAN PROPOSAL FOR AUGMENTATION In March exchanged what augmentation important because can of the be the governments called dry of the two of I n d i a and Bangladesh formal season to be f a m i l i a r with the they schemes 1978, proposals flow of details for the Ganges. of these It i s proposals represent not only the r e s p e c t i v e p o l i t i c a l governments but the technical the aspects views of these have remained the cornerstone of each s i d e ' s b a r g a i n i n g strategy. The Indian proposal is entitled Proposal f o r Augmentation of the dry season flow of the Ganga. Henceforth, t h i s document w i l l be r e f e r r e d to as the Indian Proposal for convenience. The Indian Proposal c o n t a i n s a d e t a i l e d d e s c r i p t i o n of how the augmentation of the Ganges' Indian involves plan basically flow can be effected. The the c o n s t r u c t i o n of a barrage a c r o s s the Brahmaputra and a c a n a l to take water from that r i v e r to the Ganges at Farakka. construct the three Himalayas Brahmaputra. At a l a t e r stage India intends storage r e s e r v o i r s i n the e a s t e r n f o o t h i l l s of to The supplement whole the project dry season flow of includes five separate s t r u c t u r e s and the estimated cost at 1978 p r i c e s would be six billion to U.S. dollars. 3 7 f o l l o w i n g arguments to j u s t i f y The Proposal also the about o f f e r s the the Indian plan f o r augmentation: 1) Shortage i n the Ganges Basin cannot be overcome schemes w i t h i n that b a s i n ; by 2) a l l f e a s i b l e reservoir sites w i t h i n the Ganges cannot s t o r e enough water f o r the combined needs of India and Bangladesh; Figure 3 111 3) the needs of Indian drought areas o u t s i d e the Ganges b a s i n must be c o n s i d e r e d , and s i n c e the Ganges i s the nearest source of the water any plan to augment the Ganges flow should a l s o be able to meet the needs of these areas; 4) there i s unused water a v a i l a b l e i n the Brahmaputra and the Meghna r i v e r b a s i n s at times of the year when shortages i n the Ganges are most acute. The f o l l o w i n g i s a b r i e f d e s c r i p t i o n of the Indian Proposal and the f u n c t i o n of each component: The Brahmaputra The Barrage Indians propose to c o n s t r u c t a barrage Brahmaputra at Jogighapa, a c r o s s the River i n Assam, about 70 m i l e s downstream of the s t a t e ' s c a p i t a l , Gauhati. The be approximately the s t r u c t u r e would be s i m i l a r to the 1.5 miles and one at Farakka. The purpose of the barrage r i v e r l e v e l so that water w i l l The l e n g t h of t h i s barrage flow by g r a v i t y would i s to r a i s e the into a canal. Canal Indian planners p r o j e c t a 200 m i l e - l o n g transport the the Farakka water Barrage. Ganges-Brahmaputra would be estimates, the c a n a l which will to the Ganges at a p o i n t j u s t upstream of The Indian canal Proposal should cusecs, and a depth of 30 f e e t . waterway canal nearly would 3 8 900 have a suggests that this capacity of 100,000 In t h i s case the width of feet. occupy 3 9 According 20,000 acres to of the Indian land in Bangladesh and about 44,950 a c r e s i n I n d i a . The Dams at Dihang, S u b a n s i r i , and The River south from China Brahmaputra to I n d i a . is Tipaimukh called the Dihang as i t turns I t f a l l s through a d i s t a n c e of 7,500 11 2 feet i n 200 m i l e s . considerable." fill The h y d r o e l e c t r i c p o t e n t i a l The Indian government 0 proposes to b u i l d a rock- dam at a s i t e 25 miles north of the Assam p l a i n . will be basalt this foundations. dam power The estimated gross storage w i l l be about 26.5 m i l l i o n acre feet generator load factor). reservoir However, alone the in the midst Indian could government store enough capacity (MAF). The estimates north of the Assam dam this town 120,000 cusecs. that the second dam would by to be b u i l t North be tributary T h i s dam would at a gorge 40 miles The reservoir would be a b l e to s t o r e an estimated 7.5 MAF of could of augment about the 25,000 e l e c t r i c i t y would be generated however, this of which l i e s the Indian town of Along. be a 700 f e e t high r o c k - f i l l dam Brahmaputra (at 60% water t o augment the dry j o i n the Brahmaputra on the p l a i n s of Assam. water and live that on the River S u b a n s i r i , which i s the f i r s t major the of r e s e r v o i r would f l o o d an area of 137 square miles The Indian Proposal suggests behind jointed b u i l t at the dam would provide 7,500 MW The dam and a h y d r o e l e c t r i c season flow of the Brahmaputra from 60,000 to built The 80 feet high, 1.5 m i l e s long, r e s t i n g on hard, storage of the r e s e r v o i r would be 17.2 MAF, to i s , therefore, Lakhimpur. dry season flow cusecs. About 1,800 by t h i s dam. When of MW the of operational, the dam would f l o o d 41 square m i l e s of t e r r i t o r y and a large v i l l a g e c a l l e d D a p a r i j o i n I n d i a would be f l o o d e d . According to the Indian P r o p o s a l , the t h i r d constructed at a place dam would be c a l l e d Tipaimukh on the R i v e r Barak. T h i s would be a much smaller one compared with the other two and 113 would provide a live storage of 6 MAF and 600 MW of h y d r o e l e c t r i c power. The Indian Proposal also Bangladesh d i s t r i c t s of Dhaka and India could s i t e s are be also provided. prevented." mentioned states that Sylhet along A 1 but projected north-south crosses district no detailed Ganges-Brahmaputra flow in descriptions are link the River on this in.the canal and crosses could a disrupt of n a t u r a l drainage. In p a r t i c u l a r , the Teesta northwest at a of Rangpur i n Bangladesh. Bangladesh position Kochar number of p o t e n t i a l r e s e r v o i r s e r i e s of r i v e r s i n northwestern Bangladesh canal with i n the Level-Crossings The the flooding point, following the point of the Anticipating objections from Indian Proposal j u s t i f i e s i t s way: For major r i v e r s i t would be more convenient to level crossings which would permit n a v i g a t i o n along the r i v e r s being n e g o t i a t e d . " have also 2 A four-way r i v e r canal envisaged j u n c t i o n , s i m i l a r to a road j u n c t i o n , f o r the Teesta c r o s s i n g and T h i s would be a major engineering in the world. crossing could one regulator Indian also possibly elsewhere. p r o j e c t , p o s s i b l y the engineers be operated with one at the o u t f a l l of the believe that barrage across canal." 3 is largest such a the level- river and 1 14 E. THE BANGLADESH PROPOSAL FOR AUGMENTATION The Bangladesh government's called proposal P r o p o s a l f o r the Augmentation the Ganges. henceforth It will be called f o r convenience. f o r augmentation is of the Dry Season Flow of the Bangladesh Proposal The main t h r u s t of the Bangladesh argument r e s t s on the premise that there i s enough water i n the Ganges basin t o meet the needs of the three c o u n t r i e s Nepal). The reservoir s i t e s of remaining Bangladesh which 31 i n Nepal. Proposal 52 are identifies located a in total India details of the design o p e r a t i n g procedures, or the Bangladesh Proposal, of 83 and the T h i s document i s c o n s i d e r a b l y weaker i n t e c h n i c a l d e t a i l compared with the Indian P r o p o s a l . no (including of the proposed r e s e r v o i r s , cost however, There of these presents are their reservoirs. an estimate The of the a d d i t i o n a l dry season flow which c o u l d be generated i f a l l these r e s e r v o i r s are b u i l t . major Bangladesh planners c o n c e n t r a t e on twelve r e s e r v o i r s i n Nepal on the three main trans-Himalayan systems: the K a r n a l i , the Gandaki, and the Kosi r i v e r The included Bangladesh in any augmentation. proposal future The implies discussions that on Nepal the systems. should question Proposal a l s o i m p l i e s that the water be of stored in the p r o j e c t e d r e s e r v o i r s i n Nepal should be a l l o c a t e d f o r the needs of C a l c u t t a port is interesting to i n India and of western note that u n t i l now, development r e s e r v o i r s i n Nepal was a subject of and Nepal. Indian Bangladesh. discussion It of these between India had o f f e r e d to f i n a n c e the c o n s t r u c t i o n of some of these r e s e r v o i r s and buy h y d r o e l e c t r i c power from Nepal. ' j V j > S j V 7fc^>;y H M ^ A ^ 7 V w .iv yy ii • ,1 • f \ . . . • >s / i s / i / / •~,J N L K J L. A / M A 0 / H T .<v. ,- / ^'-^ /^ C\\'7\Vv y.-V c t L , \^y'x i / A MAP SHOWING THE BANGLADESH ,^0^^-'*" PROPOSAL ON AUGMENTATION OF GANGES FLOWS^ «\ U Figure 4 0 U 1 M S 0 1 s - . y 'S / ' V j 0 0) 115 The of Bangladesh proposal f u r t h e r estimates the t o t a l flow generated from a d d i t i o n a l 310,000 cusecs. the dry Indian amount and Nepalese r e s e r v o i r s at an T h i s c o u l d be made a v a i l a b l e during season to meet the needs of the three c o u n t r i e s . This estimate c o n s t i t u t e s the crux of the Bangladesh p r o p o s a l . F. THE CHRONOLOGY OF NEGOTIATIONS OVER AUGMENTATION Despite the exchange of d e t a i l e d p r o p o s a l s f o r a l t e r n a t i v e projects proceed that to augment the Ganges' flow, beyond t h i s p r e p a r a t o r y stage. the important or more, are Ganges. n e g o t i a t i o n s d i d not The reason for this was q u e s t i o n of whether two c o u n t r i e s , or t h r e e , vitally concerned in the augmentation of the U n t i l t h i s v i t a l p o l i t i c a l q u e s t i o n c o u l d be r e s o l v e d , the chances of reaching a consensus on the t e c h n i c a l q u e s t i o n of augmentation were v i r t u a l l y consistently argued that nil. the Ganges i s a b i l a t e r a l concern, India. The Indian government q u e s t i o n of augmentation of the t o be d i s c u s s e d by Bangladesh and The view i s embodied i n the 1977 Treaty which provision f o r the involvement of other Bangladesh government, however, has a c t u a l l y interests of Nepal cannot be ignored. makes governments. insisted Nepal i s s i t u a t e d the Ganges and Bangladesh's Ganges would be c a r r i e d out mostly For these reasons, proposal within Bangladesh argues, no The that Ganges b a s i n , i t s r i v e r s c o n t r i b u t e most of the dry season of has the i n the flow f o r augmenting the Nepalese territory. Nepal must be a p a r t y t o the n e g o t i a t i o n of augmentation. In May 1979, the t h i r d meeting of the Indo-Bangladesh J o i n t 11 6 R i v e r s Commission the Indian (JRC) a f t e r the 1977 Treaty had ministerial T h i s s l i g h t concession intervention. M i n i s t e r M o r a r j i Desai Nepal be approached. the signed, s i d e conceded that the Nepalese government would be "approached." on been was made because of prime J u s t p r i o r to the JRC meeting Prime had v i s i t e d Bangladesh and suggested that However, the concession understanding that i t d i d not was made by India p r e j u d i c e the "basic b i l a t e r a l c h a r a c t e r of the n e g o t i a t i o n s of the augmentation the flow." The 4 4 might have i n the Judging the from Indian status negotiations which the Nepalese government was not This never ambiguous envisaged concession to the Bangladesh government. therefore, publicly clarified. I n d i a ' s a c t i o n s even today, i t becomes c l e a r that government commission. acceptable exact of that there a formal from trilateral India was not It i s quite natural, was no agreement to commence surveys of the a l t e r n a t i v e schemes f o r augmenting the dry season flow of the Ganges. India's i n s i s t e n c e on b i l a t e r a l i s m on the i s s u e i s c l e a r l y i l l u s t r a t e d by r e f e r e n c e t o the response given to a t h i r d i n t e r v e n t i o n which was made i n January Indian p a r l i a m e n t , assistance days l a t e r 1978. In a speech to the P r e s i d e n t C a r t e r of the United f o r the development States o f f e r e d of the region's r i v e r s . the Prime M i n i s t e r of B r i t a i n , James Callaghan, a similar offer in Bangladesh. 46 party 4 5 Two made The i n t e r v e n t i o n s were welcomed in Dhaka but r e b u f f e d i n New D e l h i . Nothing more has been heard of them s i n c e . With the return of Mrs. Gandhi as prime m i n i s t e r i n 117 January 1980, the Indian a t t i t u d e compromising. notice During Mrs. that the Indian fence-mending concern to the short-term agreements address a become non- made by the Janata the focus moved from the q u e s t i o n of augmentation back s h a r i n g of the e x i s t i n g dry season U.N. conference. o p p o r t u n i t y to meet Mrs. augmentation. have In subsequent months, 7 P r e s i d e n t Ziaur Rahman v i s i t e d New to to Gandhi's e l e c t i o n campaign, she gave government should be undone." of seems The Gandhi D e l h i in During to flow. February this v i s i t discuss the 1980 he took the question of f o l l o w i n g r e p o r t quoted from the Hindu i s a good i n d i c a t i o n of the change in Indian attitude: The new government's policy toward neighboring c o u n t r i e s i s to continue to s t r i v e for a c o n s o l i d a t i o n of r e l a t i o n s with them i n mutual i n t e r e s t . (But) the Indian view i s that one-sided concessions do not lead to lasting f r i e n d s h i p , but only end up by d i s t o r t i n g the r e l a t i o n s h i p and doing more harm in the long run in the long run. So i t i s necessary to a s p i r e to a c e r t a i n . d e g r e e of r e c i p r o c i t y to give both sides an abiding stake in the p r e s e r v a t i o n of equally beneficial relations." 8 The new p o s i t i o n can be i n t e r p r e t e d in two q u i t e p o s s i b l e that the new the short-term predecessor. existing dry sharing season the proposal augmentation. to Bangladesh In my to accept is to accept negotiated question it by of its sharing have been the o p i n i o n the l a t t e r Indian seems to case. In the March meeting of the JRC, minister, not w i l l i n g flow the First, flow, the Indian government may pressure have been the of Second, by b r i n g i n g up t r y i n g to put for government was ways. Kedar Pandey (who the new Indian had p r e v i o u s l y been the irrigation irrigation 1 18 m i n i s t e r f o r the s t a t e of West Bengal) warned that invoke her r i g h t were made in i n v e s t i g a t i n g augmentation p r o p o s a l s . " i n the Lok Sabha, say that s i n c e i t was a b i l a t e r a l agreement, That 5 0 would to review the Treaty i n November i f no p r o g r e s s when he was q u e s t i o n e d l a t e r it. India the Indian threat However, 9 the m i n i s t e r they would stand by to scrap the t r e a t y was a ploy aimed at g e t t i n g Bangladesh's acquiescence on the matter of Inedian proposal for i l l u s t r a t e d by G.K. dry did season augmentation is Reddy's report on the m i n i s t e r ' s the further statement in The Hindu : The M i n i s t e r . . . i s m i s s i n g no o p p o r t u n i t y to do some p l a i n speaking to Bangladesh on the Ganga waters problem. He has been sounding a note of warning, presumably with the p r i o r lknowledge of h i s s e n i o r Cabinet colleagues, that the 1977 Farakka agreement, in i t s present form, w i l l have to be scrapped i f Bangladesh continued to drag i t s feet over the question of augmentation of the flow d u r i n g the dry season." 51 During most became p o l a r i z e d . in any of March and A p r i l of 1980, the Farakka i s s u e Bangladesh i n s i s t e d on Nepal's discussion threatened to over the q u e s t i o n of augmentation and scrap government r e l e n t e d . is a reflection Bangladesh's participation of policy the 1977 Treaty unless The f o l l o w i n g report the to Nepal Bangladesh in the Times of India Indian government's include the India in d i s p l e a s u r e over discussions augmentation: ..Instead of c o o p e r a t i n g with t h i s country (India) i n making the agreement work i n r i g h t earnest, Bangladesh has p e r s i s t e d i n a negative and dilatory attitude which amounts, f o r a l l p r a c t i c a l purposes, to a of 1 19 r e f u s a l to implement some c r u c i a l clauses of the agreement. For i n s t a n c e , a commitment to formulate a long-term plan to augment the flow of the Ganga i s as much a part of the agreement as the p r o v i s i o n f o r a guaranteed minimum supply of the Ganga waters to Bangladesh d u r i n g the lean months f o r a p e r i o d of f i v e years..For i f no progress c o u l d be made i n the longterm plan w i t h i n the s p e c i f i e d time-frame, India w i l l have no o p t i o n but to ask f o r the scrapping of the f i v e - y e a r formula f o r water sharing during next year's review of the 1977 agreement which has a l s o been s p e c i f i c a l l y provided f o r i n the accord i t s e l f . " 5 2 A f t e r the 17th meeting of the JRC i n New D e l h i which took between February 27-29, an official of the Indian place external a f f a i r s m i n i s t r y i s s u e d the f o l l o w i n g statement: Whether i t i s the i s s u e of the augmentation of the flow of the Ganga or the sharing of the Teesta waters or indeed the q u e s t i o n of the waters of any of the common r i v e r s , the true meaning and s i g n i f i c a n c e of the i n t e r i m Farakka accord must not be d i s t o r t e d or else the future of this agreement might be jeopardized. 5 3 The Indian government was attempting to show that Bangladesh had reneged from i t s p o s i t i o n as s i g n a t o r y to the therefore there was observe the Treaty no reason anymore. 1977 f o r the Indian The Indian Treaty and government to p o s i t i o n of not agreeing to i n c l u d e Nepal i n d i s c u s s i o n s was defended on the grounds that India d i d not l i k e "a multilateral approach to a bilateral issue." " 5 Relations between India and Bangladesh d e t e r i o r a t e d once again d u r i n g most of 1980 and 1981. The f e e l i n g of had been restored mutual s u s p i c i o n . that Bangladesh by Desai's trust that government was now r e p l a c e d by Under these circumstances, i t i s not unusual adopted an ambiguous n e g o t i a t i n g s t r a t e g y -- a 1 20 s t r a t e g y which i n v o l v e d d i s p l a y i n g a keen i n t e r e s t long-term solution trilateral and in finding a yet not budging from i t s i n s i s t e n c e on involvement. Bangladesh's strategy is described a c c u r a t e l y by Inder Malhotra i n the Times of I n d i a : In a l l fairness i t must be recognised that not only does the Farakka i s s u e a f f e c t the l i v e s of m i l l i o n s of people i n Bangladesh, i t i s a l s o a highly emotive q u e s t i o n i n that c o u n t r y . Moreover, a l l the complexes arising from the c l o s e p r o x i m i t y between India and Bangladesh and the d i s p a r i t y i n t h e i r s i z e s come into play whenever Dhaka takes up the Ganga water problem with D e l h i . A curiously ambivalent negotiating strategy i s the r e s u l t . On the one hand, Bangladesh pleads f o r magnanimity and g e n e r o s i t y from i t s bigger neighbour: on the other i t attempts o v e r t l y and covertly to i n t e r n a t i o n a l i z e the p u r e l y bilateral issue. 5 5 The stalling Indian government was c l e a r l y unimpressed with Dhaka's tactics. releases, New Through Delhi made official i t c l e a r that agree to the Indian p r o p o s a l of might have altogether. attitude to consider Sensing the the statements long-term option central of and press i f Bangladesh d i d not augmentation, India s c r a p p i n g the Treaty government's uncompromising toward Bangladesh, the government of the s t a t e of West Bengal wasted no time i n i t s attempts to pledge i t s support f o r the Indian position. The West Bengal assembly unanimously adopted two r e s o l u t i o n s r e q u e s t i n g the Union government to modify the Indo-Bangladesh Ganga waters agreement minimum of 4 0 , 0 0 0 cusecs of water part of the year and to take i n the Hooghly necessary maintain and improve n a v i g a b i l i t y of that The 18th meeting of the JRC was h e l d to ensure a i n the l e a n e s t conservation river. to t r y steps to 5 6 i n New D e l h i in April. 121 Although Jamaluddin Ahmed, Bangladesh's Deputy Prime M i n i s t e r ) and leader of i t s d e l e g a t i o n to Premier the (Deputy New Delhi t a l k s , s a i d that the t a l k s were " f r i e n d l y , " no s o l u t i o n had actually conflict reached. that In f a c t , the two p o s i t i o n s were i n such sharp the two s i d e s had not been able to agree even on the minutes of Indian been the meeting. Inder 57 Malhotra reflected the attitude: Only those out of touch with r e a l i t y c o u l d have been s u r p r i s e d by the f a i l u r e of the l a t e s t round of Farakka talks between t h i s country (India) and Bangladesh. The divergence between the approaches of the two s i d e s has been so great that to look f o r a meeting ground between them is like expecting two p a r a l l e l l i n e s to meet. For once the J o i n t R i v e r s Commission appointed under the Farakka a c c o r d , signed by the Janata government i n November 1977 has even dispensed with the f o r m a l i t y of r e c o r d i n g the two s i d e s ' agreement to d i s a g r e e . And although another meeting of the JRC i n Dhaka has been mooted, i t i s c l e a r that the deadlock cannot be broken at the t e c h n i c a l level at which the Commission functions. A way out of the impasse can only be f o r c e d at the highest p o l i t i c a l l e v e l . 5 8 Malhotra's main point the i s s i g n i f i c a n t : the JRC made i t a l l the more d i f f i c u l t is essentially the time of of augmentation by former signing Indian the to referring include seems Mr. arrangements which Ram Nepal I t was revealed later defence m i n s t e r , J a g j i v a n Ram, treaty had also had a f f i r m e d that in to M o r a r j i Desai's exchanged Bangladesh c o u n t e r p a r t a " c o n f i d e n t i a l " l e t t e r . it of political. w i l l i n g n e s s to "approach" Nepal i n 1979. that nature to f i n d a s o l u t i o n The Bangladesh government had t r i e d discussions technical at the with In t h i s his letter, i n d i s c u s s i n g the long-term to augment the Ganges' flow, the two c o u n t r i e s need 122 not exclude N e p a l . trying to treat understanding. The According 5 9 this to letter one as an report, Bangladesh was i n t e g r a l part of the 1977 60 19th JRC meeting was held during July 8-11, While t h i s meeting a l s o f a i l e d to b r i n g about any Indian and the end Bangladesh p o s i t i o n s , the stated that "it d i s c u s s i o n s at the JRC, also." The 6 1 the JRC a l s o decided ministers, by It was the 20th meeting that at a followed meeting and Mrs. Narashima Rao met in issues. and Dhaka The continue the other levels It was by a meeting of the two Rao of August. and during Gandhi Shamsul Hague of the be be foreign taken and worked ministers during Ziaur the Rahman , however, the 20th meeting of the JRC foreign ministers' s i d e s had in level. The meeting. the b a s i c Indian issues 16-17 were external a f f a i r s the Bangladesh f o r e i g n m i n i s t e r on August was This presumably r e a l i s e d that such a sorted minister Shamsul to d i s c u s s a number of Haque bilateral issue of long-term augmentation of the Ganges' f i g u r e d prominently i n t h e i r t a l k s . at the end at at 6 2 a f t e r the both higher to issued that the 20th meeting of D e l h i at the end meeting would be p o i n t l e s s unless out agreed f i n a l decision could out h e l d on August 30, statement necessary, Narashima change in the hoped that a l l the d e t a i l s c o u l d Delhi. i t turned indicates P.V. between September in New As i n New JRC meeting so that the summit, where that t h i s would be Bangladesh. out been Dhaka meeting a l s o decided would be h e l d foreign and had joint 1980. of t h e i r t a l k s s t a t e d : The joint statement flow issued 1 23 India and Bangladesh should c o n t i n u e t h e i r e f f o r t s t o maintain a c l i m a t e of mutual t r u s t and understanding and further consolidate and strengthen the f r i e n d l y r e l a t i o n s between them. 63 Regarding Farakka, the j o i n t inevitable statement contained the by now line: Efforts should be i n t e n s i f i e d to f i n d a mutually acceptable s o l u t i o n at an e a r l y date t o the problem of the long-term augmentation of the dry season flow of the Ganga at F a r a k k a . " 6 In other words, r e s o l v e d as ever. great the Farakka i s s u e was s t i l l as f a r from being I t was c l e a r that both s i d e s were exercising r e s t r a i n t and both s i d e s were aware that n e g o t i a t i o n s had to continue i f a s o l u t i o n was t o be reached. The 20th Commission session (JRC) was of the held in s u r p r i s e , i t d i d not make any issued at the end of a view to make New Delhi progress. of the agreement." Ganges but, to The joint Rivers no one's statement a within i t was of the JRC i n Dhaka very renewed attempt recommendations concerning the augmentation flow Joint the New D e l h i t a l k s s t a t e d that decided to h o l d the next meeting "with Indo-Bangladesh the time of limit to the early submit i t s dry specified season i n the 65 The date of the review was due i n two months on November 5, 1980. I t was extremely u n l i k e l y that augmentation previous the agreement over the q u e s t i o n could be reached i n two months where every meeting of the JRC had f a i l e d to produce any r e s u l t s . Meanwhile, the domestic p o l i t i c a l s i t u a t i o n s i n both Bangladesh 1 24 and India had preoccupied Rahman taken with the was more from members a t u r n f o r the worse. volatile concerned of the Awami situation Mrs. Assam was and Ziaur about the o p p o s i t i o n he was facing League in Gandhi because the economy " had deteriorated. The next round of talks over the augmentation q u e s t i o n c o u l d not be h e l d before November 5 i n Dhaka. the nature Indian that delegation was as p r o v i d e d f o r by the headed by Mr. to 12,000 longer. formula cusecs and sharing Treaty. Kedar Pandey who had received agreed e x i s t i n g dry season flow to The reported t h i s s i t u a t i o n c o u l d not He a l s o s a i d that India for t a l k s were i n 1977 in the l a s t dry season the port of C a l c u t t a 10,000 any of a review The only continue the 1977 i n the hope that Bangladesh would agree to the Indian proposal of a through the Ganges and Bangladesh Brahmaputra Minister Rivers. for territory 6 6 Kazi Power, had Anwarul Water responded to the Indian Bangladesh thereby joining Huque, Resources, minister's the and by has never below 44,000 c u s e c s . T r e a t y , t h e r e f o r e , achieved nothing augmentation was problem impact, implementation, The to Control, saying to be s a t i s f i e d with only 34,000 cusecs three years during the lean season whereas but 6 7 in Bangladesh government was for the historic usage review of the 1977 terms of solving the "considering the to of the trying that The confined and progress canal Bangladesh Flood statement last been link 1977 its agreement." best, 68 meanwhile, i n t e r e s t Nepal in t a k i n g a more v o c a l r o l e i n the a f f a i r s of the region i n general and e s p e c i a l l y , regarding j o i n t management 125 of the eastern rivers. President visited Nepal in an e f f o r t stand river on apparently formal in issues. getting stance in the d i s p u t e , international river and augmentation of i t s dry as with suspicion. April 13 which s t a t e d that o f f i c i a l s by Dhaka consistently bilateral government nothing as The was Ganges question was still should at t h i s in with between New Delhi its inclined to also view "unfriendly should stated the act." that 1981 Muchkund Bangladesh, announced Dubey, in Indian Calcutta Bangladesh meeting to d i s c u s s i s s u e s would be h e l d s h o r t l y . The these the policy all be solved the Indian season flow of the as the including broad High entire both trying by that on and Bangladesh was i s s u e s of mutual concern to both c o u n t r i e s . Mr. on saw By May.1981, both Bangladesh i f the deadlock were to be broken. of courtship 7 1 to broaden the scope of the d i s c u s s i o n s range co- Bangladesh campaign of augmentation of the dry not decided. the neighbours—that neighbours report the in the Times of India conscious attempt to subvert by India an over include a l l India r e a l i s e d that concessions would have to be. made sides formal government discussions a report same short of an The was a problems 7 0 Nepalese government of India looked followed bilaterally. The such season flow There Bangladesh but agreed that the Ganges was states. moves The of a t a c t i c a l postponement of a basin 6 3 Rahman to secure i t s commitment to a development succeeded Ziaur a On May Commissioner a high-level range of 3, to Indo- bilateral 7 2 meeting, however, c o u l d not take place f o r a long time. 1 26 During the month of May, low over the Indo-Bangladesh r e l a t i o n s reached a new question of ownership of a new i s l a n d which had sprung up at the mouth of the Hariabhanga River i n Bengal. The Talpatty in carried down island, known Bangladesh was by as formed flag. Because the ownership. The Indian government. (India's Upper Narashima Rao by deposits of sediment As soon as the i s l a n d island was Answering suggested a questions Indian the so c l o s e to the Indian joint idea was c a t e g o r i c a l l y House), of sent a naval s h i p and r a i s e d border, the Bangladesh government verify Bay Moore i n I n d i a and South the River Hariabhanga. emerged, the Indian government Indian New the in survey to r e j e c t e d by the the Rajya Sabha external a f f a i r s minister Mr. said: India's t i t l e to New Moore island is clear. The question of j o i n t survey requested by Bangladesh i s premature and not r e l e v a n t at p r e s e n t . 7 3 The t a l k s on augmentation were once again i n t e r r u p t e d by an unexpected event. May 31, 1981 President while Ziaur Rahman he was v i s i t i n g 7 was d e c l a r e d the new ensuing general Nationalist Party voted to power. however, elections because (BNP) Sattar on of March had been November Justice only 25, rule 1981, the country. 7 5 Although on ViceIn the Bangladesh S a t t a r was once again for a few months, 1982 Lieutenant General Ershad, Bangladesh's army c h i e f d e c l a r e d m a r t i a l law the Zia's p r e s i d e n t of Bangladesh. under could assassinated the c i t y of Chittagong i n Bangladesh. " J u s t i c e Abdus S a t t a r , who President was H.M. throughout Ershad made some important changes i n 1 27 the domestic office sphere, issued a the Chief directive to Martial the Law effect Administrator's that Bangladesh's f o r e i g n p o l i c y would remain unchanged. Indo-Bangladesh leadership. the After Indian improved Mujib had been a s s a s s i n a t e d Zia's growing ties subcontinent Obaidullah d i d not find favour Khan, Ershad's a d v i s o r to an Indian i n August 1975, round 27-31, 1982. The countries in India. Besides, Khan Bangladesh who Mr. Kedar press release Pandey, India. of t a l k s were h e l d A.Z.M. indicated delegation 7 6 i n Dhaka during was l e d by August A.Z.M. Union The Indian Minister delegation was for Irrigation. l e d by The j o i n t i s s u e d at the end of the t a l k s s t a t e d that the two s i d e s "achieved a greater measure of elements to be taken i n t o c o n s i d e r a t i o n 7 7 had i n the had by now become M i n i s t e r of A g r i c u l t u r e f o r the m i l i t a r y government. solution." with j o u r n a l i s t that the m i l i t a r y r u l e r s were anxious to next Obaidullah smaller on a g r i c u l t u r e s o l v e the Farakka Barrage issue with release, Ershad's with the Muslim world and h i s wooing of Nepal and the other The under government had viewed the Bangladesh l e a d e r s h i p suspicion. constant relations understanding on the f o r f i n d i n g an e q u i t a b l e While not a great d e a l can be read from t h i s i t was c l e a r that the two s i d e s had decided in t h e i r e f f o r t s t o f i n d a mutually acceptable press to continue s o l u t i o n and a l s o agreed to meet as o f t e n as necessary at a p p r o p r i a t e levels. 128 G. A MEMORANDUM OF UNDERSTANDING Further negotiations Bangladesh between r e p r e s e n t a t i v e s of Ershad paid his first visit, Mr. P.V. M i n i s t e r . and Minister, 1 977. as a During official A.R. up a two-year October October visit Rao, 1982, Gen. to I n d i a . Indian Shams-ud-Doha, During h i s External Affairs Bangladesh Foreign Memorandum of Understanding however", the In e a r l y Narashima Mr. drew This, 78 and had c l e a r e d the way f o r a formal understanding t o be drawn up on a number of i s s u e s . reported India which was e x t e n s i o n of the Farakka agreement of i s essentially visit, Mrs. d i s c u s s e d the 1977 agreement on a misrepresentation. Gandhi Farakka and and Gen. agreed Ershad that the agreement had not proved s u i t a b l e f o r f i n d i n g a s a t i s f a c t o r y and durable s o l u t i o n . to be extended the 7 9 On that b a s i s , the 1977 agreement was agreed f o r another two years with the understanding that Indo-Bangladesh Joint undertake and complete 18 months Rivers Commission t e c h n i c a l and f e a s i b i l i t y two c o u n t r i e s . within sharing between What the j o i n t press r e l e a s e d i d not say i s that the new understanding omits the 80 per guaranteed studies of the s i g n i n g of the Memorandum of Understanding to augment the flow of water and ensure e q u i t a b l e the (JRC) would Bangladesh's cent share d u r i n g the d r i e s t end of A p r i l a t 27,600 c u s e c s . 8 0 clause ten days at the The Gandhi-Ershad Memorandum of Understanding has a c l a u s e which d i r e c t s the JRC " t o ensure a f u l l and f i n a l agreement i s a r r i v e d The Memorandum of Understanding favours the interests of India at." i s an over which that 8 1 understanding those which of Bangladesh. 129 Without the 80 per cent "safeguard" c l a u s e , any arrangements divide the Ganges perspective, irrigation waters at Farakka a r e , from the Bangladesh increasingly expansion irrelevant. next decade f u n c t i o n of the 1977 Treaty — --. . w i l l remain unchanged d i f f e r e n c e : whereas the steady supply of current but 1977 water, or rates there Treaty so. 8 2 will Thus be guaranteed the Gandhi-Ershad the first Bangladesh not agreement over augmentation d i s c u s s i o n s have proved by matter s e r i o u s l y below that time. i n t r a c t a b l e we can assume a promises only average d u r i n g the next two dry seasons and the two c o u n t r i e s can an flow one important Memorandum This w i l l the flow i n the Ganges does not f a l l of not be enough water that of s h a r i n g the e x i s t i n g only a share of a dwindling supply. if At i n I n d i a , there might in Farakka d u r i n g the to reach Since that past future d i s c u s s i o n s w i l l prove to be every b i t as d i f f i c u l t . The second function of the 1977 T r e a t y was to e s t a b l i s h procedures f o r n e g o t i a t i o n s of augmentation. of Understanding significantly which the negotiations study alternative recommendations will modifies to the take p l a c e . augmentation The new Memorandum circumstances The JRC was asked t o proposals and make the result that no Memorandum of Understanding, ensure that its the two governments w i t h i n three y e a r s . was unfortunate that n e i t h e r s i d e accepted the other's with JRC has been It position surveys c o u l d be conducted. the in In the directed a f u l l and f i n a l agreement i s a r r i v e d a t . " 8 3 "to Nepal w i l l not be i n v o l v e d i n d i s c u s s i o n s and the nature of the c l a u s e i n d i c a t e s that the economic and technical aspects will be 130 discussed, eschewing the p o l i t i c a l i m p l i c a t i o n s . " On both the 8 o b s t a c l e s which prevented progress i n the past, Bangladesh has been o v e r r u l e d : the l i n k c a n a l i s to be c o n s i d e r e d , i g n o r i n g i t s political implications; the but without the involvement The Bangladesh of Nepal. Memorandum of Understanding, continuation of the 1977 Treaty h e a v i l y favours the Indian s i d e . understanding avoid out, the chance of success. as political continuing p o l i t i c a l sorted therefore, but a is not a new agreement which In terms of content, the new i s as much concerned with the hydrologic-economic a s p e c t s of r i v e r development religiously scheme w i l l be s t u d i e d issues the solutions. involved understanding previous over are one, As not and long as the recognised augmentation both and has l i t t l e o 131 NOTES 1. T h i s i s e s p e c i a l l y true when one c o n s i d e r s that for almost twenty-six years the two s i d e s had been n e g o t i a t i n g without any results. Bangladesh's b r i n g i n g the issue up i n the U.N. in September 1976, and Desai's assuming the r e i n s of power in New D e l h i in March 1977, occurred w i t h i n the space of a few months, therefore c o m p l i c a t i n g the c o r r e l a t i o n of the two events to the a c t u a l s i g n i n g of the t r e a t y in November, 1977. It is clear, however, that b r i n g i n g up the i s s u e in the United Nations helped the Bangladesh government regain i t s confidence and play i t s cards c a r e f u l l y i n the n e g o t i a t i o n s . 2. Foreign p o l i c y i s s a i d to be a rational continuum evolved over decades by various governments and also through the i n t e r a c t i o n of different government departments. Therefore, although the thrust of p o l i c y might change with a change i n government, the a c t u a l process of p o l i c y f o r m u l a t i o n remains the the same. I t i s q u i t e u n l i k e l y f o r governments to make a 180 degree turn from an e x i s t i n g pattern, e s p e c i a l l y on a substantive issue. 3. The Hindu, January 24 leaves." 4. Holiday, January 30 5. Far Eastern watery grave." 1977, 1977, "No accord " A f t e r t a l k s what?" Economic Review, March 4 6. A s i m i l a r argument is "What prospect f o r , t a l k s . " 7. Dawn, January March 19 1977, sovereignty." on Ganga: Bangla team 1977, made i n H o l i d a y , "Talks meet January 23 10 1977, "China-Bangladesh relations," "Bangladesh fully prepared to uphold 8. Dawn, March 12, 1977, "Bangladesh issue to Shahanshah of I r a n . " chief explains a 1977, and its Farakka 9. Ben Crow, The P o l i t i c s and Technology of Sharing the Ganges, unpublished Ph.D. d i s s e r t a t i o n , U n i v e r s i t y of Edinburgh, 1980, pp.169-170. 10. The Janata Party manifesto, Both Bread and L i b e r t y , says: "The Party w i l l s t r i v e to r e s o l v e such outstanding issues as remain with some of i t s neighbours and w i l l c o n s c i o u s l y promote a good neighbour p o l i c y . " (p.25). 11. Ever s i n c e Mujibur Rahman was a s s a s s i n a t e d on August 15, 1975 the Indian government became unsure of how the new m i l i t a r y government i n Dhaka would react to Indian p a t e r n a l i s m . One of the b e t t e r known freedom fighters, a c e r t a i n Kader "Tiger" 1 32 Siddiky along with h i s f o l l o w e r s refused to accept the new government and i n a b i d to put up v i o l e n t o p p o s i t i o n to the new regime i n Dhaka c r o s s e d over to Indian t e r r i t o r y . Here h i s band of men were given s h e l t e r and p r o t e c t i o n . O c c a s i o n a l l y , Kader S i d d i k y and h i s troops would enter Bangladesh and r a i d and plunder the border areas. The government of Bangladesh requested the Congress government t o put a stop to S i d d i k y ' s activities and hand him over t o Banhgladesh. The Indian government d i d not comply. 12. Far E a s t e r n Economic Review, May 6 1977, "As the Ganges T a l k s . " 13. you were at Ibid. 14. The n e g o t i a t i o n s concentrated on the flow d u r i n g the p e r i o d April 21-30, the ten days of lowest flow, and there was agreement that the t o t a l flow i n t h i s p e r i o d should be taken as 55,000 cusecs, the 75% a v a i l a b i l i t y v a l u e . The d e t a i l s of t h i s p e r i o d come from: 1) F i n a n c i a l Times, A p r i l 27 1977, "Ganges water agreement near." 2) The Hindu, A p r i l 15 1977, " J a g j i v a n to decide other issues besides Farakka." 3) The Hindu, A p r i l 20 1977, "Concessions to Bangla over Ganga waters." 4) The Hindu, A p r i l 26 1977, "Bengal M i n i s t e r c r i t i c i s e s Farakka accord." 15. Ibid. 16. Bangladesh. Dhaka, September 1976. White Paper on the Ganges Water Dispute, 17. The Hindu, May 11 1977, "Farakka economic a s p e c t s , " by G.K. Reddy. 18. t a l k s hinge on techno- Dawn May 12 1977, "Indo-Bd t a l k s on Ganges waters fail." 19. The Hindu, A p r i l 15 1977, " J a g j i v a n to d i s c u s s other issues besides Farakka;" see, a l s o , footnote #11. 20. The Hindu, June 11 1977, " Z i a happy over 21. The Hindu, J u l y 16 1977, "Farakka: long term s o l u t i o n . " 22. India's thinking on a F o r e i g n A f f a i r s Record, August 6 1977, "Talks on Farakka." 23. The Hindu, August 9 headway," by G.K. Reddy. 24. talks." 1977, "Farakka talks made little The Hindu, August 30 1977, " I n d i a may s e t t l e f o r l e s s water 1 33 with Dhaka." 25. The Hindu, September plea to c e n t r e . " 15 1977, 26. The Hindu, September 5 1977, Farakka, says Bangladesh." 27. The Hindu, apart?" by G.K. September Reddy. 16 "Farakka water: Bengal team's "Only 1977, 28. The Hindu, September 25 1977, by G.K. Reddy. a limited "India, accord on Bangla d r i f t i n g "Summit on Farakka P o s s i b l e ? " 29. On the morning of September 28, a f u l l meeting of Zia's Council of A d v i s o r s was d i s c u s s i n g the f i n a l i n s t r u c t i o n s to be given t o B.M. Abbas before he returned to D e l h i . They were interrupted by the news that a h i j a c k e d Japan A i r L i n e s plane was asking p e r m i s s i o n to land in Dhaka. See, Sunday, Delhi, October 1977, "The coup coupland." In the subsequent chaos caused by the h i j a c k , two rebellions were attempted, one in Dhaka and the other i n Bogra. Neither succeeded and though a few people were k i l l e d i n the attempts, s e v e r a l hundred people were executed later. D e s p i t e a l l t h i s , the i n s t r u c t i o n s were given to B.M. Abbas and he got back to New Delhi i n time to i n i t i a l the t r e a t y on September 30, 1977. 30. The Hindu, September 28 1977, "Farakka: Dhaka summons Abbas for f r e s h b r i e f i n g , " a n d The Hindu, September 30 1977, "Agreement of Farakka," by G.K. Reddy. 31. Ibid. 32. Indo-Bangladesh Agreement on Sharing of Ganga Waters at Farakka , A r t i c l e l I ( i i ) , See Appendix B. 33. Ben Crow, " A p p r o p r i a t i n g the Brahmaputra," P o l i t i c a l Weekly, December 25 1982, p.2097. 34. Hassan, 717. 35. 36. P.M." i n Harvard I n t e r n a t i o n a l Law Ben Crow, op. The Hindu, c i t . , The P o l i t i c s . . . December 20 1977, in <• Journal, Economic 19:2, and (1978): , p.177. "Zia's f r u i t f u l t a l k s with 37. I n d i a . M i n i s t r y of A g r i c u l t u r e and I r r i g a t i o n , Department of I r r i g a t i o n , Proposal f o r augmentation of the dry season flow of the Ganga, New D e l h i , March 1978, p.83. 1 billion equals 1,000,000,000 i n the American t r a d i t i o n . 38. Ibid. , p.68. 134 39. The depth and d i s c h a r g e a r e given, the slope appears to be s i m i l a r to that of the Farakka Barrage feeder c a n a l . The c r o s s s e c t i o n a l area and width can t h e r e f o r e be c a l c u l a t e d . 40. Maasland has c a l c u l a t e d that the power p o t e n t i a l of the unregulated minimum flow i n t h i s region i s 30 GW at 60% load f a c t o r . Water development p o t e n t i a l s of the Ganges-BrahmaputraMeghna b a s i n s , World Bank, Washington, 1973, p.20. 41. Indian P r o p o s a l , op. c i t . , p.8. 42. Ibid. 43. Ben Crow, op. 44. The Hindu, May 13 1979, "India's gesture to Bangla." , p.67. 45. USIA, D e l h i , speeches," D e l h i , c i t . , The P o l i t i c s . . . , p.304. "Toward our common g o a l s : t e x t s of remarks and 1978, p.18. 46. The Hindu, January 7 1978, "Callaghan gets warm welcome." 47. The Economist, December 8 1979, "Back to I n d i r a R a j . " 48. The Hindu I n t e r n a t i o n a l E d i t i o n , President C o r d i a l talks in D e l h i . " February 2 1980, "Bangla 49. The Hindu I n t e r n a t i o n a l E d i t i o n , t a c t i c s won't do Bangla t o l d . " March 8 1980, 50. The Hindu I n t e r n a t i o n a l E d i t i o n , March 29 1980, Waters a c c o r d : m i n i s t e r blames Janata government." 51. The Hindu I n t e r n a t i o n a l E d i t i o n , March 29 India warns Bangladesh." 52. Times of I n d i a , adjourned." March 53. Times of I n d i a , March i n c o r r e c t and u n f a i r . " 54. 4 1980, 1980, "Ganga "Farakka: "Delhi-Dhaka "Bangla talks statement Times of I n d i a , A p r i l 15 1981, "Farakka and i t s F a l l - 8 1980, "Review of Farakka urged." 57. Times of I n d i a , May 1 1980, "Farakka and i t s F a l l - o u t , " Inder M a l h o t r a . 58. is Ibid. 55. Times of I n d i a , January out," by Inder Malhotra. 56. 1 1980, "Delay Ibid. by 1 35 59. Ibid. 60. Ibid. 61. Times of summit." 62. India, 12 1980, "Ganga waters issue goes to Ibid. 63. Times of I n d i a , i l l e g a l entry." 64. July August 19 1980, "Delhi-Dhaka stop Ibid. 65. Times of I n d i a , r i v e r waters i s s u e . " September 2 1980, "Bangladesh obdurate on 66. Times of I n d i a , November 7 1980, "Dhaka India suggests long-term pact on Ganga." 67. to talks extended: Ibid. 68. Times of I n d i a , November 9 1980, D e l h i next week." "Talks on Ganga waters in 69. Bangladesh Times, May 16 1981, "India takes stubborn on Ganges: B i t t e r campaign launched a g a i n s t Bangladesh." 70. Ibid. 71 . Ibid. 72. Bangladesh Times, May shortly." 4 1981, 73. Bangladesh Times, May 9 1981, proposal on South T a l p a t t y . " stand " H i g h - l e v e l Indo-Bangla meet "India r e j e c t s joint survey 74. Ziaur Rahman was a s s a s s i n a t e d in a p l o t to overthrow him led by Maj.-Gen. Abul Manzur. The coup attempt was unsuccessful. A l l those involved were executed and Zia's President J u s t i c e Abdus S a t t a r took over as President of Bangladesh. 75. Lieutenant General H.M. Ershad was the army c h i e f at the time Zia was a s s a s s i n a t e d . He was the one responsible for sending army detachments to Chittagong to subdue the mutineers and punish the o f f i c e r s r e s p o n s i b l e . When S a t t a r was elected President i n the general e l e c t i o n s of November 1982, the armed f o r c e s under the l e a d e r s h i p of Ershad demanded that they should have a c o n s t i t u t i o n a l p o s i t i o n in the r u l i n g of Bangladesh. J u s t i c e S a t t a r refused and the armed f o r c e s took over power on March 25, 1982 in a b l o o d l e s s coup o s t e n s i b l y to f i g h t the c o r r u p t i o n p r a c t i s e d by the p o l i t i c i a n s who had been in power 1 36 and which, a c c o r d i n g to the army, had eroded the very f a b r i c of s o c i e t y i n Bangladesh. 76. Times of I n d i a , A p r i l 18 1982, "Coup to a v o i d bloodbath," by Anthony Mascarenhas, s t a f f correspondent of the Sunday Times, London, i n a s p e c i a l to the Sunday Review to the Times of I n d i a . 77. Times of I n d i a , h o p e f u l note." September 78. Times of I n d i a , October scrapped." 79. Ibid. 80. Ben Crow, op. 81. Ibid. , p.2098. 82. Ibid. , p.2097. 83. Ibid. , p.2098. 84. Ibid. 8 1 1982, "Farakka t a l k s end on 1982, "Farakka accord c i t . , " A p p r o p r i a t i n g the...," p.2097. to be 1 37 V. ASYMMETRIC DYADS AND UPSTREAM-DOWNSTREAM CONFLICTS The Farakka Barrage dispute between India and Pakistan/Bangladesh p r o v i d e s s c h o l a r s with a u s e f u l study of an upstream-downstream c o n f l i c t over an i n t e r n a t i o n a l r i v e r . the t h i r t y odd years that the d i s p u t e has been c o n f l i c t has evolved through many s t a g e s . T h i s chapter analyses the strategies adopted by r i p a r i a n s t a t e i n i t s attempt an equitable and Pakistan/Bangladesh that an long-range equitable reached so f a r because as t o i n f l u e n c e India i n s o l u t i o n throughout stages i n the Farakka Barrage d i s p u t e . been going Over and on, the the lower negotiating the d i f f e r e n t My c e n t r a l argument has long-range s o l u t i o n has not been of the i n h e r e n t i n e q u a l i t y i n the o v e r a l l r e l a t i o n s between India and Bangladesh. In bound any r i p a r i a n d i s p u t e between two neighbours, t o be hydrologic-economic i s s u e s which have t o be s e t t l e d before an agreement can be reached. case studies dealing with there are However, international an analysis riparian of disputes r e v e a l s that the f i n a l outcome depends on other f a c t o r s as w e l l . The o v e r a l l s t a t e of r e l a t i o n s stakes involved between the c o - r i p a r i a n s , f o r each of them, t h e i r general f o r e i g n the policy o b j e c t i v e s , the b a r g a i n i n g techniques they choose t o employ and, more i m p o r t a n t l y , the b a r g a i n i n g r e s o u r c e s commands, each a l s o be important f a c t o r s i n the f i n a l outcome. the final political solution i s more a considerations affecting first factor which In other words, r e s u l t of short and long term the d i s p u t i n g than i t i s of p u r e l y hydrologic-economic The may co-riparians considerations. i s important i n determining the 138 r e l a t i v e ease or d i f f i c u l t y with which an international d i s p u t e can be s e t t l e d between two c o u n t r i e s i s position vis-a-vis an international be divided difficult into its sole According co-riparians profit. Its r e g u l a t e s the flow needs does not b e n e f i t w e l l be d e t r i m e n t a l to the of the cannot be Farakka Barrage with latter's i t , p o l l u t e s i t e x c e s s i v e l y or water such that satisfied. In the upstream s t a t e r e c e i v e s maximum b e n e f i t accordance the (such as f o r the downstream such cases, economic i n c e n t i v e s to reach agreement are extremely in can "upstream-downstream utilisation i r r i g a t i o n ) of the water, d i v e r t s river to Of these, the d i s p u t e s most i f , f o r example, i t makes consumptive use country's relative In t h i s category, the upstream country uses a r i v e r downstream country and may interest 1 to r e s o l v e are the ones he c a l l s conflicts." for four c a t e g o r i e s . their river. LeMarquand, r e l a t i o n s h i p s among i n t e r n a t i o n a l riparian only its by own d i s p u t e between I n d i a and low the because exploiting the user's demands. The Bangladesh falls in t h i s l a s t category of i n t e r n a t i o n a l r i v e r d i s p u t e s . In an the lower power upstream-downstream r i p a r i a n can do unless over the upper whether or not the lower influence conflict, the this riparian. riparian By 2 there i s very country upper r i p a r i a n to cooperate. and the The from asymmetric-dyadic Carleton University. relationship 3 (their capacity to superordinate- Bangladesh f r u i t f u l l y a n a l y s e d using the conceptual apparatus scholars reciprocal r e c i p r o c a l power I mean possesses subordinate r e l a t i o n s h i p between I n d i a has little can be of a group of According to them, i n an terminology for two 1 39 countries in an unequal r e l a t i o n s h i p ) , the s u b o r d i n a t e country although economically dependent on tries length to maintain an arm's the superordinate relationship s u p e r o r d i n a t e p a r t n e r i n order to a v o i d the p e r c e i v e d costs of increased s i t u a t i o n where the upper r i p a r i a n the state, vulnerable position. agreements have the even reached. in- The 5 such How a p p l i c a t i o n of the s t r a t e g i e s o u t l i n e d countries superordinate/upstream countries superordinate/upstream country e q u i t a b l e s o l u t i o n but i t . i s my negotiations, the chances superordinate/upstream it is hand. the may to country successful and i n Chapter able to II, persuade Getting the to cooperate does not assure an contention winning country. be the However, with cooperate. subordinate/downstream of also situations c o u n t r y . w i l l be depends on the s p e c i f i c c o n f l i c t subordinate/downstream its is to engage the superordinate/upstream the nature of r e l a t i o n s between two c o - r i p a r i a n s . a prudent political subordinate/downstream in n e g o t i a t i o n s over the r i p a r i a n d i s p u t e . downstream its downstream country i s i n a very However, been country can attempt with i n t e g r a t i o n . " T r a n s l a t e d i n t o an upstream- downstream c o n f l i c t superordinate country that by initiating country can maximize concessions from the In the f i n a l a n a l y s i s , however, superordinate/upstream country which has the upper 1 40 A. THE FIVE STAGES OF THE FARAKKA BARRAGE DISPUTE The Farakka Barrage d i s p u t e has not the thirty odd years that remained static i t has been going on. over Based on the nature of the o v e r a l l p a t t e r n of power r e l a t i o n s between the cor i p a r i a n s , the d i s p u t e has evolved through stage had i t s own influenced the five stages. p a r t i c u l a r c h a r a c t e r which, to a l a r g e extent, b a r g a i n i n g s t y l e adopted by each r i p a r i a n . c l a s s i f i c a t i o n of the d i s p u t e i n t o stages helps the actions context. and It committing reactions also saves us to of the d i s p u t a n t s i n an us, as political The analyse historical analysts, from o u r s e l v e s to a s i m p l i s t i c a n a l y s i s of the s t r a t e g i e s used by Pakistan/Bangladesh as the lower r i p a r i a n the Each strategies employed by state. Pakistan/Bangladesh While were very instrumental i n persuading India to cooperate, t h e i r success failure at particular periods depended to a great extent on relations between subordinate/downstream powevr relationship Pakistan/Bangladesh Barrage dispute d i s p u t e and a l s o enable certain strategies The which will a the clarify us changing pattern of superordinate/upstream state. during of the Farakka Barrage d i s p u t e the the to or following existed five the and analysis between stages structural appreciate the subordinate/downstream of power the of India the the and Farakka context of the importance s t a t e may of use to achieve a s o l u t i o n to an upstream-downstream c o n f l i c t . a. the The Exchange of D i p l o m a t i c Notes: The Farakka Barrage d i s p u t e spanned first stage of a p e r i o d of nine y e a r s . As 141 mentioned e a r l i e r , i t began on October 19, complaint by the lodged Pakistan with 1951 with a government r e g a r d i n g the l a t t e r ' s plans to c o n s t r u c t the formal of I n d i a Farakka Barrage a c r o s s the Ganges a few m i l e s from the East P a k i s t a n border. ended in June i960 with the f i r s t meeting of t e c h n i c a l It experts from both c o u n t r i e s . R e l a t i o n s between I n d i a and P a k i s t a n c o r r e c t " which i s another way were "diplomatically of saying that although d i p l o m a t i c channels were open, r e l a t i o n s were l e s s than f r i e n d l y . of power, Pakistan and India were In terms roughly equal with I n d i a having a s l i g h t edge owing to i t s l a r g e r p o p u l a t i o n and land area. As c o - r i p a r i a n s on a number of major r i v e r s , such as the Indus, India was in an the Ganges, and countries newly independent wary of s c a l e war and other especially dispute, t h e r e f o r e mostly r e c o n s t r u c t i o n and development. each Brahmaputra, advantageous p o s i t i o n by v i r t u e of being During t h i s stage of the Farakka with domestic international the upper r i p a r i a n . were greater They s i n c e they had over the d i s p u t e d Kashmir area i n 1948. the both occupied were very fought a small 6 During t h i s p r e p a r a t o r y stage P a k i s t a n simply wanted to get India to acknowledge that a problem e x i s t e d , and, i n order to do t h i s , P a k i s t a n f o r m a l l y p r o t e s t e d about the a l l e g e d c o n s t r u c t i o n of the Farakka sense that when sent r e m i n d e r s . because Barrage. 7 P a k i s t a n was no r e p l y was The Pakistan quite forthcoming government's persistent the from I n d i a , P a k i s t a n efforts a f t e r a while the Indian government agreed with P a k i s t a n on a r e c i p r o c a l b a s i s . in paid off t o cooperate However, although P a k i s t a n 1 42 s u p p l i e d the Indians project, information the Indians withheld any Farakka p r o j e c t . of with on the Ganges-Kobadak information p e r t a i n i n g to the India d i d agree to exchange a limited amount t e c h n i c a l i n f o r m a t i o n with P a k i s t a n but t h i s concession came only a f t e r plans f o r the Farakka p r o j e c t were f i n a l i z e d and Indian parliament b. had approved i t . Wallowing in T e c h n i c a l Data: The second stage of Farakka Barrage d i s p u t e began with the f i r s t June 1960 and Relations lasted between until India decade to such an extent first in May 1965, December 1971. 8 the the e x p e r t s ' meeting in Indo-Pakistan war of 1971. and P a k i s t a n d e t e r i o r a t e d d u r i n g that they engaged i n war then in September 1965, three and this times: f i n a l l y in T h i s l a s t c o n f r o n t a t i o n dismembered P a k i s t a n what used to be East Pakistan became the the independent state and of Bangladesh. A comparative power assessment of India and this period would u n t i l Pakistan was international Egypt and alignment. recognise split system On India gained of the concept the other The South two economy border exposed its the o r i g i n a t i n g , along with and practice of (CENTO and proved that c o u l d s u s t a i n a long, drawn-out c o n f r o n t a t i o n . conflict with the People's India's Republic vulnerability. 1 1 non- integrated into became a member of the Pakistan two in East Asian Treaty O r g a n i s a t i o n s wars between India and during between the some s t a t u r e s i d e , P a k i s t a n was American system of a l l i a n c e s and and rough balance because Yugoslavia, 9 up. a Pakistan of However, China the the Central SEATO). 10 neither's India's in 1962 border 143 c o n f r o n t a t i o n s with China only i n c r e a s e d to India's strengthen and modernize i t s armed f o r c e s . to do with S o v i e t and American h e l p . 1 2 determination T h i s i t proceeded Despite attempts by both India and P a k i s t a n to achieve s u p e r i o r i t y , both s i d e s were about equal i n m i l i t a r y capabilities. N e g o t i a t i o n s over the Farakka from both c o u n t r i e s . The i s s u e s t a r t e d between experts substantive technical i s s u e s that were d i s c u s s e d i n c l u d e d an assessment of the needs of and East P a k i s t a n . available In order to f i n d out how during different months d i s c h a r g e measurements had to be points of the Ganges. ended on January exchange 8, of d a t a . 1962 By of port much water would be the carried Calcutta year, out surveys of along different the f o u r t h experts' meeting which c o n s i d e r a b l e progress was made in the However, f u r t h e r progress c o u l d not be made 1 3 because of I n d i a ' s demand f o r more and more data. During t h i s stage, there was of the dispute. In the f i r s t a definite shift i n the focus stage P a k i t s t a n ' s e f f o r t s were u n s u c c e s s f u l l y d i r e c t e d toward stopping India from b u i l d i n g Farakka Barrage without c o n s t r u c t i o n on the Farakka being consulted p r o j e c t was first. underway, the the Once focus of the d i s p u t e (from P a k i s t a n ' s standpoint) s h i f t e d to an e q u i t a b l e allocation of the Ganges' spurred t e c h n i c a l exchanges. flow. The q u e s t i o n of a l l o c a t i o n Despite with these s o - c a l l e d t e c h n i c a l meetings, follow I n d i a ' s l e a d . East Pakistan's The presence western border Pakistan's i t had no c h o i c e but to of the Farakka had frustrations changed d i s c u s s i o n s from an argument over a " p r i n c i p l e " to Barrage the an across focus of argument 144 over "sharing." Had India stage and probable not allowed insisted on more and that r e p r e s e n t a t i v e s from India and management India's of intention. Ganges It not Barrage was complete and o p e r a t i o n a l . Barrage to decide Embrace; The assassination Negotiations However, that was that anything third the the of Sheikh Mujibur circumstances established Bangladesh, now negotiating initially Rahman over the Farakka assumed a new changed Indian an with conditions and in Farakka in light subcontinent. The that country, subcontinent. The stronger these no sense more confident negotiations of the India. were peaceful and strain that had Pakistan. of Bangladesh's independence, the to c r e a t e a j o i n t body in order that water resources of the region c o u l d be u t i l i s e d on an basis for mutual the countries." " 1 This it a months governments decided 1975. was was four the in the c h a r a c t e r i z e d n e g o t i a t i o n s between India and Within with the independent but p o l i t i c a l l y weak country, surrounding there predominance with August dimension weakened Indian the ending in the never u n t i l the Farakka stage of 1971 dismemberment of Pakistan not only also efficient d i s p u t e spanned more than four years beginning c r e a t i o n of Bangladesh i n December of ensured surprising was Paternalistic Pakistan c o u l d have have waters. is unwilling would government c. this p o l i t i c a l exchanges to take p l a c e , i t i s q u i t e hammered out an agreement which joint more data d u r i n g benefit joint body of the peoples was called the of two "the equitable the two Indo-Bangladesh 145 J o i n t R i v e r s Commission (JRC). issue went ahead at f u l l JRC, the Indian proposing India's speed. government ministerial part Negotiations had a level j It Bangladesh meetings. l o t to 15 This was i n I n d i a ' s Indians The explained The Barrage had been completed i n late 1973. 16 i n t e r e s t to r e s o l v e the i s s u e at t h i s p o i n t . wanted to push a s o l u t i o n through d u r i n g the I n d i r a As i t turned Barrage. out, lack of by the 1 7 progress fact over that the during Farakka the issue first Bangladesh's e x i s t e n c e , Bangladesh's l e a d e r s f e l t Mrs. the c i v i l war. Bangladesh to differ leaders with There c e r t a i n l y were d i f f e r e n c e s countries, but felt of very had with grateful during i t would between be issues. the two Bangladesh's l e a d e r s thought i t more prudent to India. actually I n d i a ' s views as to needed during the d i f f e r e n c e s how much the dry s e a s o n . statement issued a f t e r the 1974 c o n t a i n e d on There were a l s o r e p o r t s that Sheikh Mujib was naive enough to accept since the j o i n t that opinion be few years of India on most b i l a t e r a l emphasize good r e l a t i o n s rather than focus Bangladesh can Gandhi's government f o r l e n d i n g a c t i v e support inappropriate of on i s s u e s were s e t t l e d during the summit but not the issue of the Farakka they l e a d e r s by do with the s t a t e of the Farakka Mujib summit h e l d i n New D e l h i i n May 1974. many Farakka generosity but the feeder canal would not be ready u n t i l The to the r e g u l a r s e s s i o n s of the surprised Barrage and the feeder c a n a l . 1970 Besides over 1 8 Indira-Mujib water However, summit only a statement of p r i n c i p l e s r a t h e r than an a c t u a l agreement, Mujib o b v i o u s l y had h i s own d o u b t s . 1 9 1 46 While Bangladesh was f o l l o w i n g a p o l i c y of c o o p e r a t i o n I n d i a , India r e c i p r o c a t e d i n a way paternalism. believed Indian leaders which sometimes with d e l e g a t i o n s because from P a k i s t a n . Bangladesh's chief T h i s stage signed than Pakistan of the d i s p u t e a l s o B.M. Abbas, had a l s o delegations. saw an 2 0 interim agreement between India and Bangladesh so that India c o u l d the now completed Farakka Barrage and the experimental misgivings chose basis. It 2 1 to feeder canal operate on an i s c l e a r that Bangladesh had c e r t a i n about t h i s agreement, but not they T h i s proved to be d i f f i c u l t negotiator, been a key member of p r e v i o u s resembled that they would have a much e a s i e r time d e a l i n g with Bangladesh n e g o t i a t o r s had with f o r reasons yet unclear make too much of i t . On the augmentation i s s u e , however, Bangladesh took a tougher stand. was t o t a l l y opposed to the Indian p r o p o s a l Because Bangladesh f o r augmentation, JRC d e l i b e r a t i o n s came to a s t a n d s t i l l by December 1974. The a s s a s s i n a t i o n of Mujibur Rahman i n August an end to t h i s Barrage stage of the Farakka dispute. the q u e s t i o n d. and From H o s t i l i t y to Compromise; Bangladesh d e t e r i o r a t e d during t h i s in dispute. Farakka The foeus of of s h a r i n g to of augmentation. Barrage d i s p u t e . were The was o p e r a t i n g under an i n t e r i m agreement. the d i s c u s s i o n s had now s h i f t e d from the question 1975 brought some R e l a t i o n s between India stage of the Farakka India's i n i t i a t i v e s and Bangladesh's responses ways reminiscent The events of August of the 1975 (Mujib's second stage of the assassination and 1 47 its aftermath) were i n t e r p r e t e d by India as m a n i f e s t a t i o n s of a n t i - I n d i a n sentiments, and attempts by Bangladesh diplomatic relations a n t i - I n d i a n moves. Indian High to establish with P a k i s t a n , China, and Saudi A r a b i a as There was Commissioner an attempt on in Dhaka to kidnap November 26, 1975. These the events brought the r e l a t i o n s h i p between these two c o u n t r i e s to an a l l time low. Not willing to accept the s i t u a t i o n I n d i a began to mount a massive propaganda new i n Bangladesh, campaign against the r u l e r s i n Bangladesh and there were a l s o r e p o r t s of a t t a c k s on outposts along Indian 2 2 side. During the Mymensingh-Meghalaya a l l this time, India continued withdrawal of Ganges waters at Farakka. Bangladesh protest note started border a its On January year from unilateral 15, of p u b l i c the 1976 a dispute. Bangladesh a l l e g e d that Indian withdrawals at Farakka at the end of the f o r t y - d a y agreement c o n s t i t u t e d a breach of the understanding. 23 Meanwhile, w i t h i n Bangladesh, p u b l i c outcry a g a i n s t Indian a t t a c k s and u n i l a t e r a l withdrawal of crescendo. protest Hundreds of thousands march organised Ganges waters reached of Bangladeshis took part by Maulana nonagenarian nationalist leader. " It that Bangladesh authorities while existing is 2 took Bhasani, a interesting not permit government's way country was a of united confrontation. demonstrating 2 5 to in a famous to note no steps to stop the p r o t e s t march, they assured India that Bangladesh border would a T h i s was India a g a i n s t India i n the f i g h t the that forces Bangladesh the for their whole water 148 rights. I t i s reported that the protest border s e c u r i t y f o r c e s on the a l e r t . Meanwhile, for the f i r s t they bargaining s t r a t e g y of r e q u e s t i n g delaying were tactics resumed, on the compromising a t t i t u d e on prompted Bangladesh As d i s c u s s e d for negotiations India went issue to matters its of bilateral to take the matter to the United concern Nations. i n Chapter I I I , however, the Bangladesh s t r a t e g y of dividends. impasse i n t a l k s was not broken u n t i l M o r a r j i Desai was government in considerably. relations, power Indo-Bangladesh With a c e r t a i n degree relations of harmony improved restored i n the ensuing months. in Undeterred by the lukewarm r e c e p t i o n i t r e c e i v e d i n the General Assembly, Bangladesh proceeded to political support. During negotiations approach this international agencies stage adroitly. of Once issues i n negotiations the dispute, Bangladesh i t chose f o r maximum b e n e f i t . Bangladesh at l e a s t with 2 8 f o r moral and tackled the Bangladesh government sensed the November 1977 agreement between the Ganges' f l o w . still 27 India's w i l l i n g n e s s t o s e t t l e the d i s p u t e , favoured Janata b i l a t e r a l n e g o t i a t i o n s over the Farakka d i s p u t e made some progress out, old India's e l e c t e d Prime M i n i s t e r of India i n March 1977. With the other and, and i t s general non- i n t e r n a t i o n a l i z a t i o n d i d not pay immediate The back an exchange of data. Farakka other Indian withdrawals c o u l d be f e l t Bangladesh pressed although kept 2 6 the e f f e c t s of Indian time. march regard India to include As i t turned and Bangladesh to dry season share of In June 1977, Ziaur Rahman was able to get a 1 49 promise from M o r a r j i Desai i n London to the effect that the Indian government would not g i v e s h e l t e r to g u e r r i l l a s i n Indian territory. On 2 9 the question of augmentation, both c o n s i d e r each other's p r o p o s a l s w i t h i n the next charged the JRC with the t a s k . s i d e s agreed to three years and From 1977 to e a r l y 1980, the JRC d e l i b e r a t i o n s proved f u t i l e because n e i t h e r India nor Bangladesh would budge from their positions on the question of T h i s stage of the d i s p u t e r e v e a l s an i n t e r e s t i n g aspect of augmentat i o n . upstream-downstream country and domestic a conflict between a subordinate/downstream political changes within the improve the chances of the downstream settlement. However, too because the upstream country that might these can downstream be do superordinate/upstream much country. Sometimes upstream country can country should not i s not l i k e l y country "windows i s prudent, of negotiate be made of t h i s to agree to d e t r i m e n t a l to i t s i n t e r e s t s . i s create to a anything A l l changes l i k e opportunity." I f the i t can take advantage of the o p p o r t u n i t i e s , j u s t as Bangladesh d i d . e. stage Stalemate or Indian V i c t o r y ? of the d i s p u t e began i n January r e - e l e c t i o n as Indian prime m i n i s t e r . stage of The the dispute, the focus fifth and 1980 with Mrs. Throughout has this current Gandhi's current p r i m a r i l y been on the augmentat ion of the dry season flow of the Ganges. Although the q u e s t i o n of augmentation was r e p e a t e d l y d i s c u s s e d by the JRC i n i t s meetings d u r i n g 1977, 1978, and 1979, there was no p r o g r e s s . 1 50 It was only a f t e r January a blatantly p o l i t i c a l been argued that colour. the l a r g e l y the r e s u l t of India and underplay always that the Farakka d i s p u t e assumed Throughout non-solution the Both the p o l i t i c a l nature In this of differing Bangladesh. successful. political 1980 the the the o b j e c t i v e s are more prominent has been objectives diligently dispute current it d i s p u t e has political countries of thesis of tried but to were not stage of the dispute, than in the previous stages. The an f i f t h and c u r r e n t stage of the d i s p u t e important reminder to r i v e r d i s p u t e a n a l y s t s and asymmetric dyads that the f a t e s are i n favour country i s in many ways in the dyad. With India's a t t i t u d e became Mrs. totally students of of the predominant Gandhi's r e t u r n to power, non-compromising. India not only expressed i t s r e g r e t s over the stalemate on the question augmentation, it of n e g o t i a t i n g the s h a r i n g aspect which, a c c o r d i n g Bangladesh. India 30 also raised to be enough water received drier for its c l a u s e , there was than share and of very l i t t l e and Lt. General India. water leader) in November 1982, of the eighty per Because f o r use (Bangladesh's clause. Therefore, 1980 not Bangladesh cent i n West Bengal. signed India r e f u s e d to allow cent of under the e i g h t y per water l e f t Ershad progress As a r e s u l t , there was When the Memorandum of Understanding was Gandhi favoured To be f a i r , the winter usual. Bangladesh fair to I n d i a , have h e a v i l y blames Bangladesh f o r the lack of over the augmentation q u e s t i o n . proved the q u e s t i o n of new the by Mrs. military inclusion although the 151 Memorandum of Understanding has been h a i l e d as an the 1977 Agreement f o r another year formula guarantees other a g r i c u l t u r a l activities are extended Memorandum of Understanding Nepal from consultations. Ganges' flow with no T h i s means that as i r r i g a t i o n and Bangladesh w i l l be l e f t with a dwindling The of two y e a r s , i t i s a c t u a l l y a two- f o r sharing the dry season f o r Bangladesh. extension also This i n West Bengal, share of Ganges specifically means that waters. leaves out Bangladesh's p r o p o s a l s f o r augmentation w i l l be very hard t o r e a l i z e . Bangladesh has not augmentation q u e s t i o n . budged from i t s position The Memorandum of Understanding to e x p i r e i n a few months. i s due I t i s only a q u e s t i o n of time India can r e a s s e r t i t s predominance i n t h i s B. over the before regard. THE FARAKKA BARRAGE; THE ARCHETYPE OF AN UPSTREAM-DOWNSTREAM CONFLICT The Farakka barrage dispute d i s p u t e between two neighbours. be traced as f a r back i s essentially The o r i g i n s of the d i s p u t e as 1951 when P a k i s t a n , quoting press r e p o r t s , lodged a formal p r o t e s t with India regarding and this 11 miles from the East Pakistan s t a r t e d a d i s p u t e between continued until the Farakka Barrage Bangladesh, and although an Indian India of across border. and 3 1 Pakistan 1971 when East Pakistan seceded Pakistan and became the independent s t a t e of Bangladesh. 1971, can the government the l a t t e r ' s c o n s t r u c t i o n of a barrage the Ganges River about The p r o t e s t note a riparian from Since d i s p u t e continued between I n d i a and interim agreement was signed in 1 52 November 1977, the dispute resurfaced agreement had f a i l e d to r e s o l v e a l l the the Barrage. Farakka India and Bangladesh (starting formula from for countries. the terms To 3 2 of comprehensive the which of However, era) years Farakka which have to be settlement the provides waters is on both reached Barrage d i s p u t e satisfactorily can be reached. Ganges' agreement between negotiations the only between sides guiding these and, flow resolved progress in The during i n v o l v e s two first the t h i s i s s u e but discussions countries during of Understanding dry to extend the second issue 1982. between 1977 involves the agreement f o r the q u e s t i o n proposed violently Bangladesh alternative and India. schemes 1977. issues comprehensive countries. sharing The 1977 f o r the d u r a t i o n of the In the absence any of both two of from in force, a both Memorandum countries more years. increasing augmentation was The of augmentation of the Both I n d i a and opposed to the other's be season when the flow i s to meet the for a likely different representatives leaders season flow of the Ganges i n order both only with will i s s u e i n v o l v e s the the time the t r e a t y was between two unless country r e s o l v e d before a t r e a t y which ended on November 5, of 1977 soon, i t i s q u i t e lowest and cannot meet the needs of both signed with even the share of Ganges waters i t r e c e i v e d as of The of associated of that Bangladesh as the subordinate/downstream denied this i s increasing dissatisfaction agreement settlement because the agreement of Ganges there issues embodies Pakistan sharing this date, again dry needs Bangladesh have but scheme f o r p o l i t i c a l each is reasons. 153 Bangladesh proposed the c o n s t r u c t i o n of 81 23 would be in Nepal reservoirs on the Ganges b a s i n . dry season. Because some of these Nepal, that country, included in according future at important least should on augmentation. other solution to during also In f a c t , the an e q u i t a b l e River Brahmaputra Bangladesh border. of this barrage on an its or Farakka Barrage d i s p u t e . I n d i a , meanwhile, has proposed c o n s t r u c t i o n of a barrage the be interested states constitutes s t r a t e g y f o r Bangladesh to achieve optimal later r e s e r v o i r s would be i n Bangladesh, discussions attempt to i n c l u d e Nepal and an to which These r e s e r v o i r s would s t o r e water during the monsoons f o r r e l e a s e the of territory just A canal would be c o n s t r u c t e d across outside just the upstream to l i n k the Brahmaputra R i v e r with the Ganges j u s t upstream of the Farakka Barrage. Part of the would have to pass through Bangladesh t e r r i t o r y . link canal The a d d i t i o n a l flow of the Brahmaputra would e f f e c t i v e l y augment the dry season flow of the Ganges f o r both c o u n t r i e s . Today, after of sharing and seems that the e x p i r y of the augmentat ion India, being winning the b a t t l e . But without The a fight. Bangladesh withstand more economic southwestern region. both agreement, the being issues re-examined. It the upstream/superordinate country Bangladesh i s important not about question India's p r e s s u r e , that the more time i t takes the are 1977 is to how give up long can keeping i n mind the to reach a comprehensive a d v e r s i t i e s Bangladesh has is fact settlement, to s u f f e r i n i t s 1 54 C. STRATEGIES ADOPTED BY PAKISTAN/BANGLADESH In an upstream-downstream c o n f l i c t , has very few r i p a r i a n to although In legalistic Chapter approach resolving a r i p a r i a n dispute, precedents which support p a r t i c u l a r dispute the upper citing the India's a t t e n t i o n . the bargaining In downstream the riparian's for help stand and in discussions reasonable can adopt in norms a with c i t e d the H e l s i n k i Rules' country well apportionment" a agrees to number of to reach an e q u i t a b l e s o l u t i o n to case of the adopted Formal p r o t e s t and Farakka the to f i n d a s o l u t i o n to the following T e c h n i c a l exchange; to upgrade t a l k s ; Attempts to i n v o l v e t h i r d p a r t i e s ; t h r e a t of retaliation. Internationalization; Issue-area linkage; strategies exchange of d i p l o m a t i c Cooperat i o n ; Pressure Barrage dispute: T a l k s between l e a d e r s ; The usually that dispute. Pakistan/Bangladesh effort shown Once the upstream country s t r a t e g i e s in order the r i p a r i a n have international lower Pakistan 3 3 I not u s u a l l y forms a b a s i s riparian. negotiate, II, does p u b l i c i z e d p r i n c i p l e of " e q u i t a b l e and to get country options a v a i l a b l e with which to induce the upper cooperate. a the downstream notes; dispute, in an 1 55 10) M o b i l i z e opinion. domestic and international public 34 Although these strategies were given necessarily in the discernible in Pakistan/Bangladesh's conceded to h o l d order not employed at one time nor above, once clearly I n d i a had talks. the p e r i o d preceding Pakistan's were actions Formal p r o t e s t and exchange of d i p l o m a t i c During they objective was to notes a c t u a l n e g o t i a t i o n with make India India, acknowledge that a barrage at Farakka would be d e t r i m e n t a l to the i n t e r e s t s of East Pakistan. a the To t h i s end, P a k i s t a n lodged Indian government e x p r e s s i n g barrage at Farakka. consulted vital before Pakistan Pakistan pointed out p r e l i m i n a r y stage, that any p r o j e c t or scheme l i k e l y saying that the l a t t e r protest the While project kept on sending i t should India was tried only notes followed on at a government i t s d i p l o m a t i c notes with reminders every sending to requesting To keep the matter moving, the P a k i s t a n India delayed be to p r e j u d i c e i t s cooperation. up with concern about India's proposed i n t e r e s t s was put i n t o o p e r a t i o n . reassure formal time i t s replies. The s t r a t e g y of l o d g i n g a formal p r o t e s t and following i t up with d i p l o m a t i c notes was p a r t l y s u c c e s s f u l inasmuch as India was persuaded t o maintain a steady However, to nature were when i t came correspondence with actual i n f o r m a t i o n of a t e c h n i c a l p e r t a i n i n g to the Farakka Barrage silent. Pakistan c o u l d press the Indians was also Pakistan. project, the Indians in a peculiar position. It only so much s i n c e c o n s t r u c t i o n work had 156 not s t a r t e d on the p r o j e c t s i t e at matter forward, Pakistan negotiation. point. To suggested a r b i t r a t i o n move by P a k i s t a n prompted the direct that Indian move i n 1957. government to the This 35 agree India agreed t o exchange a l i m i t e d amount of t e c h n i c a l data with P a k i s t a n . Pakistan's o b j e c t i v e to enter i n t o d i r e c t n e g o t i a t i o n with I n d i a , t h e r e f o r e , was achieved combination of arbitration. There were c e r t a i n reasons why these compelling strategies succeeded India to agree t o d i r e c t n e g o t i a t i o n . F i r s t , at that p o i n t of the d i s p u t e , I n d i a was intervention might result worried that Second, by n e g o t i a t e , I n d i a was a c t u a l l y conceding nothing contrary, the I n d i a ' s favour projects in third-party i n an i n j u n c t i o n which c o u l d c o n s t r u c t i o n work at the barrage s i t e . the by a l o d g i n g a formal p r o t e s t , exchanging d i p l o m a t i c notes and suggesting in to exchange of technical prevent agreeing to to P a k i s t a n . On data c o u l d work i n since i t c o u l d get i n f o r m a t i o n regarding East Pakistan. certain T h i r d , and most i m p o r t a n t l y , the exchange of t e c h n i c a l data would g i v e India the time to go ahead with the c o n s t r u c t i o n of the Farakka Barrage without of the work being In January after 1976, the Bangladesh government a l s o lodged a the end of the "forty-day c o n s t i t u t e d a breach of the a g r e e m e n t . although a danger stopped. formal p r o t e s t with I n d i a , a l l e g i n g that Indian Farakka any 36 withdrawals at understanding" Unfortunately, however, Bangladesh p r o t e s t e d f r e q u e n t l y i n s e v e r a l f o r a and by variety of media, Indian withdrawals at Farakka continued at or near the maximum mark allowed by the p r o j e c t . In t h i s case, 157 the lodging of a formal p r o t e s t was more an act of desperation on the part of Bangladesh rather than a well-planned It i s not s u r p r i s i n g that India d i d not Relations low. between India and Both s i d e s were complaining their common border. because. Bangladesh unacceptable the flow India was had to I n d i a . at set of shooting some would preconditions be c o n s i d e r a b l y a l r e a d y withdrawing water the s t a t u s interest. Fourth, the assassination came as a shock to Mrs. displeasure to the Gandhi new incidents across n e g o t i a t i o n s c o u l d not T h i r d , with the onset Farakka favourably. Bangladesh were at an a l l - t i m e Second, 3 7 respond strategy. and resume which were of the dry-season, reduced and quo since suited its of Sheikh in Bangladesh she wanted to show her regime i n Bangladesh by t a k i n g a tough stand on the Farakka i s s u e . T a l k s between l e a d e r s During various Pakistan/Bangladesh points in arranged r i p a r i a n s t a t e s i n an e f f o r t to clear up heads of s t a t e conference. Farakka Barrage. I t was Farakka Barrage dispute, between l e a d e r s of the co- to e i t h e r speed up n e g o t i a t i o n s or i n London i n point. 1961 These two d i s c u s s a number of b i l a t e r a l and talks some c o n t e n t i o u s M i n i s t e r Nehru met the P r e s i d e n t Ayub and during Prime the Commonwealth l e a d e r s met i n f o r m a l l y to i s s u e s i n c l u d i n g the agreed by the two issue of l e a d e r s that the Pakistan India would cooperate on the Farakka Barrage p r o j e c t and decision to a l l o c a t e shares at the m i n i s t e r i a l l e v e l . clarified the Indian 3 8 the of the Ganges' flow would be taken Unfortunately, however, Nehru later p o s i t i o n by saying that m i n i s t e r s ' l e v e l 158 meetings c o u l d take place only a f t e r the t e c h n i c a l s o r t e d out. not Although the Nehru-Ayub "understanding" of reap immediate b e n e f i t s f o r P a k i s t a n , for future negotiation between the co-riparians: d i d not in progress see eye these but India broken by d i r e c t intervention suggested Nepal c o u l d be direct disagreed. from Prime This India included impasse was Desai who Minister point for so that n e g o t i a t i o n s Zia was conference. in New her. time, however, personal clear contact the l a s t had Treaty during impossible severely her for anything on up. 39 to address a The problem between failure of with the two direct l e a d e r s of the c o - r i p a r i a n s t a t e s in be e x p l a i n e d in the f o l l o w i n g way. criticised office for the that Z i a ' s suggestion attack smoothly. 1980 this tete-a-tete the five-year campaign. to change her the reason the election her e l e c t e d to important Gandhi to d i s c u s s between instance can Gandhi proceed Since d i s c u s s i o n s of augmentation were making Mrs.' l e a d e r s d i d not could D e l h i i n February he met This "approached." the i n t e r v e n t i o n by a leader r e s o l v e d a c o n t e n t i o u s no progress, direct of instance, President being flow In t h i s the time being U.N. political Bangladesh wanted Nepal to be discussions that formula c o u l d be made because Bangladesh and to eye. did experts. In d i s c u s s i o n s of augmentation of dry season no were 1961 i t d i d set the d i s c u s s i o n would follow t e c h n i c a l d i s c u s s i o n by Ganges, issues of It Prime Ganges Waters was tune j u s t a few Mrs. well nigh months a f t e r Minister. The other f a i l u r e of the Zia-Gandhi meeting to i n c l u d e the Indian Nepal in discussions p o l i c y of b i l a t e r a l i s m was was a in dealing 159 with i t s neighbours." only achieve Therefore, 0 p a r t i a l success. meetings between leaders On matters of n a t i o n a l p r i o r i t y , d i r e c t p e r s o n a l contact between l e a d e r s of d i f f e r e n t not likely In to r e s o l v e late states 1977, President Zia during a to upgrade the J o i n t visit Rivers (JRC) to i n c l u d e m i n i s t e r s from both governments." this decision, the JRC was transformed 1 to I n d i a Commission By v i r t u e of from a p u r e l y t e c h n i c a l body with only recommending powers to a p o l i t i c a l and with "greater" powers. meeting between Z i a and Desai was now represented Bangladesh had by In this political informal of the JRC. decision-makers, wanted f o r many years. commitment technical i n s t a n c e , an changed the nature can always h e l p c l e a r up l i t t l e strong n e g o t i a t o r s w i l l have the Meetings between l e a d e r s problems.. to reach bargaining strategy." authority agreement, It something Where there is by the n a t i o n a l l e a d e r s h i p to cooperate, necessary is anything. persuaded M o r a r j i Desai body can to make the a the compromises or at l e a s t develop a flexible 2 Cooperation At v a r i o u s times d u r i n g the Farakka Barrage Pakistan and dispute, Bangladesh f o l l o w e d a s t r a t e g y of c o o p e r a t i o n India with mixed r e s u l t s . A cooperative strategy was their sincerity. countries f o r i n s t a n c e , suggested should India They proposed that the c o - r i p a r i a n s work j o i n t l y to manage t h e i r common water resources Pakistan, with adopted because Pakistan/Bangladesh hoped that t h i s would convince of both consider in constructing 1961 efficiently. that the two a j o i n t barrage. The 160 southwestern r e g i o n of gravity channels East f e d from p o t e n t i a l s i t e e x i s t e d at barrage Pakistan a could barrage Lalgola across which would e q u a l l y i n India and East P a k i s t a n . satisfactory from an e n g i n e e r i n g be irrigated the Ganges. have been The expensive unnecessary I f the barrage Pakistan could c o n t r i b u t i o n to the c o s t of the barrage was totally unsuccessful because c o n s t r u c t i o n on the Farakka s i t e . not taken seriously considered this to by be the were standpoint, the p r o j e c t would Bhagirathi-Hooghly and A put the have s u b s t a n t i a l economic advantages f o r both East Pakistan India. by and feeder c a n a l would have have made a s u b s t a n t i a l itself. India 4 3 had This strategy already begun Besides, P a k i s t a n ' s o f f e r was Indians who, perhaps rightly, a ploy on P a k i s t a n ' s p a r t t o delay the c o n s t r u c t i o n of the barrage a t Farakka. In e a r l y 1972, Bangladesh suggested the c r e a t i o n of a j o i n t body which would a c t as a t e c h n i c a l and a d v i s o r y body to the two governments rivers. 4 4 f o r developing India agreed the India 45 agreed o b j e c t i o n s to c r e a t i n g resources at once to the suggestion Bangladesh J o i n t R i v e r s Commission 1972. water with a (JRC) was Bangladesh joint body of and the Indo- formed because which common i n March i t had no would have only recommendatory powers and would be manned p r i m a r i l y by t e c h n i c a l experts from both c o u n t r i e s . the c r e a t i o n of such a body. is there any mention of India a l s o had another In the S t a t u t e of the JRC, nowhere the Farakka Barrage. c r e a t e d to " c a r r y out a comprehensive survey shared by the two c o u n t r i e s . " interest in I t was a body of the r i v e r T h i s meant that w i t h i n the system scope 161 of the JRC's a c t i v i t i e s would be i n c l u d e d the Brahmaputra and Meghna b a s i n s , along with the shared rivers. which was f i r s t Ganges, the Teesta, and other Judging from I n d i a ' s p r o p o s a l f o r augmentation, mentioned i n 1974, (the Ganges-Brahmaputra link c a n a l ) , Bangladesh's p r o p o s a l to c r e a t e a j o i n t body was a l s o i n India's Bangladesh, interest. p r o p o s a l i n good f a i t h the on the other hand, made the i n order t o e f f e c t a prompt Farakka Barrage i s s u e . Moreover, a time when Indo-Bangladesh solution the suggestion was made at r e l a t i o n s were at t h e i r best and the Awami League government i n Dhaka had not yet gotten over grateful to New D e l h i to f o r the support i t had given l i b e r a t i o n d u r i n g the c i v i l feeling Bangladesh's war l e s s than a year p r e v i o u s l y . T e c h n i c a l Exchange Throughout the n e g o t i a t i o n s over the Farakka Barrage there were times when t a l k s were completely broken India the and Pakistan/Bangladesh. exchange of t e c h n i c a l other projects s t a r t i n g point in both issue, o f f between When n e g o t i a t i o n s were resumed, information countries about were the always barrage and an important f o r both s i d e s . N e g o t i a t i o n s over the Farakka i s s u e broke down completely j u s t before the 1965 war between P a k i s t a n and India and were not resumed 1968, until 1968. the two s i d e s met i n New D e l h i i n they exchanged t e c h n i c a l d a t a . " August quantities early 6 After Mujib's death 1975, n e g o t i a t i o n s broke down f o r almost a year. t h i s period, India in When of water unilaterally continued from the Ganges. to withdraw in During large When n e g o t i a t i o n s resumed 1976, t e c h n i c a l t a l k s formed the b a s i s of discussions 1 62 between the Indian and Bangladesh d e l e g a t i o n s . exchange c o n s t i t u t e d an important s t r a t e g y country to r e s t a r t n e g o t i a t i o n s Technical order exchange Thus t e c h n i c a l f o r the downstream a f t e r a p e r i o d of stalemate. also had i t s s u b s t a n t i v e aspects. t o determine how much water would be r e q u i r e d for Calcutta port and how much f o r p r o j e c t s i n Bangladesh, two t h i n g s had be calculated first: 1) basic discharge Ganges, and 2) p r o j e c t d e s c r i p t i o n s to projects downstream of Farakka. that although these d i s c u s s i o n s were interpretation of considerations." role at 7 technical data water needs of i n t e r e s t i n g to note "technical," each side's was i n f l u e n c e d by p o l i t i c a l Thus t e c h n i c a l exchange assumed the s t a r t or resumption of n e g o t i a t i o n s a l l e g e d " o b j e c t i v e " nature. to measurements of the assess I t i s very In Technical India t o put o f f meaningful p o l i t i c a l an important because of i t s exchange, however, helped negotiation as long as possible. Pressure to Upgrade Throughout Talks the negotiations I n d i a , Pakistan/Bangladesh put talks from the decision-makers' attempting to the p o l i t i c a l First, of technical level. convince over the Farakka d i s p u t e pressure experts' The lower on level India to riparian's the political political strategy of l e v e l was the d i r e c t r e s u l t of two c o n s i d e r a t i o n s . Pakistan/Bangladesh f e l t that India was using technical upgrade the upper r i p a r i a n to upgrade t a l k s to the exchange to put o f f s e r i o u s n e g o t i a t i o n . even when the t e c h n i c a l problems were sorted out, the to with decision-makers from both excuse Second, i t was countries only who were 1 63 capable of pressure making on the India to Bangladesh) wanted to Farakka substantive upgrade bring decisions. talks, about a By Pakistan quick putting (and solution later, to the dispute. The Nehru-Ayub "agreement" of 1961 d i d l a y down foundations of m i n i s t e r i a l l e v e l meetings between riparians." claiming However, 8 India that Nehru had agreed later to the clarified ministerial level a f t e r a l l the t e c h n i c a l a s p e c t s of the d i s p u t e out. For i n s t a n c e , pressed two co- i t s position, only Pakistan the meetings were s o r t e d f o r m i n i s t e r i a l meetings i n November 1962 and May 1963 to move the matter forward, but India refused to comply. Pakistan India civil servants') because was only after r a i s e d the issue i n the U n i t e d that The It September 1968 Nations General Assembly agreed to upgrade t a l k s to the s e c r e t a r i e s ' ( s e n i o r level. strategy to India was upgrade talks not i n t i m i d a t e d . was largely unsuccessful India agreed to r a i s e the l e v e l of t a l k s only when i t s u i t e d i t s i n t e r e s t s . For i n s t a n c e , India r a i s e d the l e v e l of the t a l k s to the m i n i s t e r i a l l e v e l 1972 without being was that requested to do so by Bangladesh. the Farakka Barrage was nearing in India's i n t e r e s t s to reach a s o l u t i o n could go i n t o o p e r a t i o n Attempts to Involve In an both Pakistan on several when in The reason completion and i t was so that the barrage as soon as c o n s t r u c t i o n was completed. Third Parties attempt to hasten a s o l u t i o n to the Farakka crisis, and Bangladesh attempted to i n v o l v e t h i r d parties occasions. The rationale behind t h i s p o l i c y was 1 64 simple: a non-partisan international approach to third organisation) the Farakka party (be it a one. The dispute. only task India to agree to t h i r d party easier said than done. Farakka Barrage dispute or an would presumably b r i n g an o b j e c t i v e A mediated t h e r e f o r e , would be i n f i n i t e l y more e q u i t a b l e negotiated state settlement, than a b i l a t e r a l l y that remained was to persuade involvement. India This repeatedly proved to be i n s i s t e d that the was e s s e n t i a l l y a b i l a t e r a l problem and, t h e r e f o r e , a s o l u t i o n c o u l d only be the r e s u l t of b i l a t e r a l , not multilateral, discussion. As e a r l y as 1957, Pakistan dispute. India proposals categorically but agreed technical suggested that information on rejected the two arbitration Pakistan's countries common r i v e r s . secondary motive. The to sometimes resulted i n progress negotiations with India. Pakistan's promoted b i l a t e r a l c o n s u l t a t i o n diplomatic notes information with that One question of involve made bilateral of a r b i t r a t i o n indirect exchange of country. augmentation Bangladesh's position on the has been to i n v o l v e t h i r d p a r t i e s i n Bangladesh's proposal f o r augmentation includes r e s e r v o i r s i n India and Nepal which can, t h e o r e t i c a l l y , s t o r e enough water to maintain the Ganges' flow during season. had a third parties in suggestion an also India to a d i r e c t exchange of t e c h n i c a l of the c o r n e r s t o n e s of discussions. storage with from exchange The lower r i p a r i a n ' s the d i s p u t e being specific could s t r a t e g y to i n v o l v e t h i r d p a r t i e s i n suggestion i n the By attempting to include Nepal in the dry discussions, 165 Bangladesh wants to increase is the that lower riparian country on concessions. a India i t s bargaining power. Since v i s - a - v i s Nepal, i t wants to deal basis knows in a t r i l a t e r a l d i s c u s s i o n , i t that to extract same advantage that from Nepal as the state. also objectives. believes in the "divide region and Nepal in from broader and power in maximum i t receives discussions more basic South political India gain maximum b e n e f i t from the other states in i t s d e a l i n g s with them by adopting a p o l i c y act in If the smaller concert, enjoys. in d i s c u s s i o n s has not because India s t a t e s i n the might lose Bangladesh has some of succeeded so f a r and it goes against one i s l i k e l y to f a i l While to put Bangladesh pressure was on the this to intimidate Considering apparently enough the s t a t e of Sino-Indian decades, t h i s i s hardly appropriately in the surprising. basis. India able to get on not in of India's c a r d i n a l d e c l a r a t i o n s of support over i t s stand was the Bangladesh's s t r a t e g y to include Nepal also t r i e d China. of region were p o l i c i e s - - t h a t of d e a l i n g with neighbours on a b i l a t e r a l approaching of Asia, rule." future include predominant i t can advantage i t now the to stems As the that allowed to lower r i p a r i a n refusal augmentation with bilateral w i l l have to give Bangladesh the India's India Farakka Chinese issue, India." r e l a t i o n s over the past Crow sums up the by 9 two situation f o l l o w i n g words: Bangladesh c o u l d muster the support of only a few f r i e n d l y nations. Amongst the more powerful, only China was willing to make p u b l i c d e c l a r a t i o n s of support and, since China and India had not resolved the d i f f e r e n c e s which had caused the 1962 war, that 166 support c o u l d not be r e a d i l y converted on the Government of I n d i a . into pressure 5 0 Pakistan/Bangladesh through the also superpowers. In tried to 1968, the put Pakistan requested the S o v i e t Union to b r i n g pressure settle the Farakka dispute equitably Kosygin, the then Soviet premier, sent urging a s o l u t i o n on the 1978, President Carter, offered assistance A few offer "requests." far Bangladesh. 53 New Bangladesh's s t r a t e g y with its Indian In 5 1 parliament, region's rivers. 5 2 made a Britain ignored these has C l e a r l y , India views i t s neighbours It i s not country i n t i m i d a t e d by other not be Alexei to i n v o l v e t h i r d p a r t i e s important p r i n c i p l e . will of to to I n d i r a Gandhi D e l h i simply produced no p o s i t i v e r e s u l t s . p o l i c y of b i l a t e r a l i s m India Indus Waters T r e a t y . i n a speech to the India government quickly. a letter for the development of the in on to bear on and days l a t e r , Prime M i n i s t e r Callaghan similar so l i n e s of the pressure as based on s u r p r i s i n g , t h e r e f o r e , that major powers, be an this they r e g i o n a l or i n t e r n a t i o n a l . Pakistan/Bangladesh's s t r a t e g y the dispute was at best a " c a l c u l a t e d r i s k . " the d e s i r e d r e s u l t of India agreeing On On occasion, other from i t accelerated occasions, India to i n v o l v e t h i r d p a r t i e s to the extent mediation. the b i l a t e r a l n e g o t i a t i n g that the o f f the b i l a t e r a l n e g o t i a t i n g I t never produced to t h i r d party this strategy triggered a Indian process. " 5 in hostile process. reaction government almost cut 1 67 Threat of R e t a l i a t i o n According to LeMarquand, i n an upstream-downstream c o n f l i c t the upstream country has no economic i n c e n t i v e to cooperate the downstream country over the former. clarified country signalling project The 55 i n Chapter can elicit its own else, One India t h r e a t was could the which the Pakistan going have adverse government, been downstream ahead i s by with effects having a i n the tried on the Farakka Barrage i s s u e . i s s u e d i n the form of p a s s i n g on plans to which P a k i s t a n would c o n s t r u c t a barrage the Ganges in East P a k i s t a n t e r r i t o r y . as power followed a r e t a l i a t o r y s t r a t e g y f o r a while in according simply reciprocal from the upstream country an e f f o r t to make India cooperate The in i t s i n t e n t i o n of which The has of r e c i p r o c a l power has way cooperation country. everything concept II. to the l a t t e r of upstream unless the l a t t e r with "Ganges Barrage." T h i s barrage This was barrage, on known a s i d e from i r r i g a t i n g huge areas i n East P a k i s t a n would for Because of the l o c a t i o n of t h i s dry season use. also to store water reservoir, i t would be p o s s i b l e to f l o o d huge areas i n West Bengal ( I n d i a ) . The considerable New very mention of t h i s p r o j e c t caused Delhi. K.L. power, expressed parliament) Rao, alarm in the Indian m i n i s t e r of i r r i g a t i o n and h i s apprehensions about the p r o j e c t . implemented, it would The Ganges of Lok Sabha East (Indian s a i d that i f the p r o j e c t were eroding these a s u b t l e irony embedded Barrage the cause harm to l a r g e t r a c t s of w i t h i n India by submerging and There was He in in areas. territory 5 6 Pakistan's scheme. P a k i s t a n c o u l d act as a l e v e r on 1 68 India. If India were u n w i l l i n g to r e l e a s e to sufficient opt would 10 feet force The proposed barrage a would have to be (from 45 to 55 f e e t above s e a - l e v e l ) and India to put high marginal banks of Indian p a r t s of the G a n g e s . India Pakistan supply of Ganges waters, East Pakistan would have to f o r a higher barrage. r a i s e d by East this embankments along implicit to in East P a k i s t a n ' s c o n s t r u c t i o n of the Ganges Barrage was clear. As it negotiations turned after out, the there The 57 was threat both some progress in the p r e s e n t a t i o n of East P a k i s t a n ' s Ganges Barrage p r o j e c t to I n d i a . P a k i s t a n was threaten India extremely with a f o r t u n a t e to be project of i t s own. pursued t h i s s t r a t e g y with a l i t t l e more quite likely Farakka that dispute turmoil prevented that attention to quite the and India. problems and take position to If P a k i s t a n had determination, quite going possible through, concentrating Barrage it dispute. 5 8 that at the this was perhaps Pakistan I t i s unfortunate The situation f u l l advantage of the "reciprocal was the undivided that owing to domestic f i n a n c i a l c o n s t r a i n t s , Pakistan the its the only time d u r i n g had is time in i t s proposed Ganges Barrage p r o j e c t Farakka Barrage d i s p u t e that over is was from Farakka to P a k i s t a n unique It Pakistan country a would have been f o r c e d to s e t t l e amicably. domestic presented India in is the power" political not able to opportunity. Internationalization Internationalization involves the taking of a disputed issue to a r e g i o n a l or an i n t e r n a t i o n a l o r g a n i s a t i o n by one or 169 more of the d i s p u t a n t s with an aim to reach a s o l u t i o n . of "mid-level" when disputes, relations considerably. subordinate between unfavourable i n t e r n a t i o n a l i z a t i o n normally the disputants have In a s u p e r o r d i n a t e - s u b o r d i n a t e state may In case i n t e r n a t i o n a l i z e an international opinion against deteriorated r e l a t i o n s h i p , the issue to create the superordinate country thereby issue. With regard to i n t e r n a t i o n a l r i p a r i a n d i s p u t e s , however, the chances p u t t i n g i n d i r e c t pressure occurs of r e s o l u t i o n are not good. have been d i s c u s s e d During in detail the course the Helsinki Nations. Rules' apportionment." riparian It Pakistan of Assembly on two separate first took the issue to a strong case based on the "equitable and reasonable s t a t e s and urged the i n t e r n a t i o n a l body t o put pressure s o l u t i o n c o u l d be reached. levelled accusations explained The reasons f o r t h i s a l s o emphasised the r i g h t s of lower on India to cooperate i n order charges General presented principle 59 the of the Farakka Barrage d i s p u t e , the i s s u e In September 1968, P a k i s t a n United resolve i n Chapter I I . was taken to the United Nations occasions. on i t to were the against not in that a f a i r l y quick The Indian i t by the government claiming least and e q u i t a b l e defended that justified. the Pakistan's India also importance of the Farakka Barrage p r o j e c t i n the r e j u v e n a t i o n of the port of C a l c u t t a . Pakistan's s t r a t e g y succeeded only insofar as subsequent b i l a t e r a l n e g o t i a t i o n s were e l e v a t e d from the l e v e l of t e c h n i c a l experts to the level of senior remembered that i n 1968 Indo-Pakistan civil servants. I t must be r i v a l r y was w e l l known to 1 70 the rest opposite of the world. stands on almost General Assembly, the be one could Since of all India and issues they at each other. Moreover, these damages were h y p o t h e t i c a l a long way In any continued to of forty-day Pakistan's Pakistan case, at that s i n c e the Farakka Barrage issue to the United Nations in withdraw water u n i l a t e r a l l y even a f t e r the "agreement." internationalization ditch of effort unilaterally. the to India to prevent the 1976. stop was In 60 this India from s u i t a b l y embarrassed and issue from being D e l h i on the T h i s was a t a c t i c a l move by India to d i s s i p a t e the attempts to the foil to the United Bangladesh's item in There water eve move, Nations. the of bilateral the Farakka. 6 1 force behind Despite India's latter managed the agenda of the General Assembly. requested both p a r t i e s to hold a l o b b i e d hard s e s s i o n to hold b i l a t e r a l t a l k s on f i n a l wording of the r e s o l u t i o n , however, was ministerial instance, r a i s e d in the General Assembly. Assembly request expiry withdrawing General Bangladesh's India i s s u e by Bangladesh represented India even i n v i t e d Bangladesh to New include states a year a f t e r the death of Sheikh Mujibur Rahman. the the from completion. Bangladesh took the last in of the damages that would be caused to East were b e l i e v e d to have been exaggerated. T h i s was on taken i n t e r n a t i o n a l community mistook Farakka to polemics assessment was voted had those "excuses" f o c u s s i n g on which these two hurl point Pakistan very mild and negotiations at to The only the l e v e l . ( S e e Appendix D f o r text of the r e s o l u t i o n ) . is no doubt that the Bangladesh move caused 171 considerable interesting signed embarrassment to only note much should that India. It the months issue. after the also being of a Bangladesh Although the o v e r a l l support slightly, the r e s o l u t i o n had only recommending powers. other states in similar i n terms votes Bangladesh f o r Bangladesh p o l i c y situations. favoured makers Bangladesh to can r e s o r t to i s s u e - a r e a l i n k a g e . that Bangladesh can o f f e r concessions India has shown i n t e r e s t . to India The success s t r a t e g y w i l l depend on the kind of p r i o r i t y Brahmaputra l i n k c a n a l . linked could Linkage It i s important where There can be other to a Farakka settlement. in 6 2 remember T h i s means other areas or f a i l u r e of t h i s India p l a c e s on the i s s u e s which can be For example, India has o f f e r e d to buy n a t u r a l gas from Bangladesh on a number of o c c a s i o n s . one time, Z i a agreed to s e l l Bangladesh government natural reversed f o r c i b l e occupation of a d i s p u t e d India shown has also l i n k from A g a r t a l a West Bengal m i l i t a r y access gas after but the India's in developing 6 3 railway India wants to c o n s t r u c t a r a i l Bangladesh. of India to C a l c u t t a For fear of p r o v i d i n g a i n t o Bangladesh, the Bangladesh never agreed t o the p r o p o s a l . India, At i s l a n d on the Bay of B e n g a l . i n the eastern extremity through to i t s decision interest communications with Bangladesh. in to however, subordinate/downstream country sympathy that move It i s clear, gain the Issue-area very As has been mentioned before, too not be made of the s t r a t e g y . Bangladesh is that the i n t e r i m Ganges Waters Treaty was fourteen internationalize to government has 172 These are two areas which could be reopened and a t r a d e o f f might be made with I n d i a . S e l l i n g n a t u r a l gas to India would i n f a c t b e n e f i t Bangladesh as w e l l beacause i t has resources of districts the this commodity, i n Bangladesh. distance from in Comilla The proposed railway Agartala Bangladesh would a l s o gain network. mostly huge untapped and Sylhet link would to C a l c u t t a by a thousand an improved railway cut miles. communication I t i s up to the policy-makers i n Dhaka to reopen these negotiations and link i t to the Farakka i s s u e . India might be interested. Since the Farakka d i v e r s i o n s are causing much hardship to people of southwestern Bangladesh, they have been forced t o move elsewhere. search for so Some of them have even crossed of b e t t e r economic o p p o r t u n i t i e s . t h i s migration, i s already barbed-wire is fence futile over to India since around and that nothing a entire 1700 miles Bangladesh accurate. * 6 India's with Bangladesh. l i n k canal of the IndoDelhi that i t i s i n the long-range i n t e r e s t of 65 overall superiority m i l i t a r y and economic c a p a b i l i t i e s g i v e s in n e g o t i a t i o n s allow the Bangladesh. In the f i n a l a n a l y s i s , to is Dhaka c o u l d t r y to convince New India not to impoverish regard 1971 reason attempting to prevent t h i s i n f l u x by b u i l d i n g a Bangladesh border. this Whatever, the the f a c t that at l e a s t a m i l l i o n n a t i o n a l s have c r o s s e d India over to India i n to be b u i l t But i f Bangladesh i t the edge refuses through i t s t e r r i t o r y , India can do short of using m i l i t a r y f o r c e . seems u n l i k e l y that India w i l l do t h i s . with to there i s So f a r , i t Meanwhile, the pressure 1 73 on the government of Bangladesh to augment the dry season of the Ganges i s i n t e n s i f y i n g because as irrigation I n d i a i n c r e a s e Bangladesh's share w i l l decrease. solution to this in both countries Farakka Barrage d i s p u t e i n t o a c o n f l i c t Despite needs in With no agreed s t r u g g l e f o r a scarce resource d e s p e r a t i o n of m i l l i o n s flow i n s i g h t , the may escalate the of major p r o p o r t i o n s . r i g o r o u s b a r g a i n i n g by both P a k i s t a n and Bangladesh with India over the Farakka Barrage i s s u e , an e q u i t a b l e s o l u t i o n has reached not been even today. There were times when n e g o t i a t i o n s between the two c o - r i p a r i a n s showed some p r o g r e s s . T h i s p r o g r e s s , however, was more the r e s u l t of Indian concession than i t was of any conscious Pakistan/Bangladesh followed at dyadic where situation superordinate country the the b a r g a i n i n g s t r a t e g y that time. upstream power, i t i s q u i t e u n l i k e l y In an country that asymmetric i s also the upstream country room to maneuver. too h e a v i l y in f o r the downstream country the downstream can achieve much i n the way of r e s u l t s i t d e s i r e s . o v e r a l l power r e l a t i o n s h i p i s t i l t e d the unilateral favour The of to have much 174 NOTES 1. David G. LeMarquand, I n t e r n a t i o n a l R i v e r s : The P o l i t i c s of Cooperation, (Vancouver: Westwater Research Centre, 1977), p.8. LeMarquand identifies four f o l l o w i n g r e l a t i o n s h i p s between coriparians: a) p u b l i c goods; b) common pool resources; c) i n t e g r a t e d development o p p o r t u n i t i e s ; and d) upstream-downstream conflict. For a d e t a i l e d d e s c r i p t i o n of the four c a t e g o r i e s , see Chapter 11. 2. Ibid. , p. 1 0. 3. Michael Dolan, Brian Tomlin, and H a r a l d von R e i k h o f f , "Integration and Autonomy i n Canada-United R e l a t i o n s , " i n Canadian J o u r n a l of P o l i t i c a l Science, June 1982, XV:2, pp.331363. 4. Ibid. 5. The passes on economic country. , pp.332-333. United States agreed to d e s a l t p a r t of the water i t to Mexico i n the Colorado River d e s p i t e having no i n c e n t i v e to cooperate as the superordinate/upstream See LeMarquand, op. c i t . , p.10. 6. For a b e t t e r understanding of the Kashmir problem, see S.M. Burke, P a k i s t a n ' s F o r e i g n P o l i c y : An H i s t o r i c a l A n a l y s i s , (London: Oxford U n i v e r s i t y Press, 1973), pp.21 -46. 7. B.M. Abbas, The Ganges Water Dispute, Press L i m i t e d , 1982), p.19. (Dhaka: U n i v e r s i t y 8. In May 1965, I n d i a and P a k i s t a n fought a war over the disputed Rann of Kutch t e r r i t o r y on the Indo-Pakistan border. T h i s was f o l l o w e d by a bigger war over Kashmir i n September 1965. The f i n a l war which decided I n d i a ' s predominance beyond q u e s t i o n was fought i n December 1971 over East Pakistan. P a k i s t a n troops s u f f e r e d a resounding defeat at the hands of the Indian armed f o r c e s on December 16, 1971. Bangladesh was created and a new balance of power e s t a b l i s h e d i n the subcontinent. For a d e t a i l e d a n a l y s i s of the f i r s t two IndoP a k i s t a n wars, see Burke, op. c i t . , pp.318-357. 9. The concept of non-alignment f i r s t gained currency i n 1961 during the Belgrade conference as the middle-of-the-road p o l i c y in i n t e r n a t i o n a l p o l i t i c s . The foundations of the movement were l a i d s i x years e a r l i e r i n the Bandung conference (Indonesia). The origins of the movement i s c r e d i t e d to Jawaharlal Nehru of I n d i a , Gamal Abdel Nasser of Egypt, and Josef Broz T i t o of Yugoslavia. .Initially, however, non-alignment was viewed as a v e i l e d form of p r o - S o v i e t i s m . 10. P a k i s t a n j o i n e d the Baghdad pact on September 23, 1955. In August 1959, the name of the o r g a n i s a t i o n was changed to the 175 Central Treaty O r g a n i s a t i o n . Although the U.S. had cancassed for the Baghdad Pact and l a t e r f u l l y p a r t i c i p a t e d in i t s work, it never officially signed the t r e a t y . P a k i s t a n r a t i f i e d the Manila Pact on January 19, 1955. The Manila Pact l a t e r came to be known as the South East Asian Treaty O r g a n i s a t i o n . 11. The f i r s t p u b l i c i z e d border i n c i d e n t took p l a c e at Longju in the North East F r o n t i e r Area (NEFA) on August 26, 1959. On this occasion the Chinese and Indian border f o r c e s exchanged fire. The second border i n c i d e n t , which was actually a brief war, s t a r t e d when the Chinese c r o s s e d Thagla Ridge, which I n d i a claimed as the boundary, and threatened the Indian post of Dhola. The Chinese a c t u a l l y d i d not a t t a c k en masse u n t i l October 20, on both the eastern and western f r o n t s , p u t t i n g the Indian army i n ignominious f l i g h t everywhere. While the Chinese rounded some 4,000 Indians as p r i s o n e r s of war, the Indians c o u l d not capture even one Chinese s o l d i e r . 12. By September 1965, United States economic a i d to India exceeded $6 billion and military a i d to the tune of $84.5 million. India continued to receive large q u a n t i t i e s of military a i d from the S o v i e t Union b a f t e r i t s wars with China. See Burke, op. c i t . , pp.278, 301. 13. Helmut R. Kulz, "Further Water Disputes between India and Pakistan," i n The I n t e r n a t i o n a l and Comparative Law Q u a r t e r l y , Vol. 18, (July 1969): 722. 14. B.M. Abbas, op. 15. Ibid.. , p. 32. cit. , p.30. 16. The c o n s t r u c t i o n of the barrage was completed i n the feeder c a n a l was not ready u n t i l December, 1973. 1970 but 17. The May 1974 meeting between Mrs. Gandhi and Mujibur Rahman i s reported to have been very s u c c e s s f u l . A number of bilateral i s s u e s were s e t t l e d and a number of new d e a l s struck between India and Bangladesh. Although there was no definitive agreement on the Farakka i s s u e , the f o l l o w i n g new d e a l s were struck and i s s u e s r e s o l v e d : 1) many small boundary d i s p u t e s were s e t t l e d ; 2) c l o s e r c o o p e r a t i o n on trade was agreed upon; 3) both c o u n t r i e s pledged to i n c r e a s e t h e i r exports to meet balanced trade t a r g e t s set during e a r l i e r t a l k s ; 4) establishment of four j o i n t i n d u s t r i e s , t a k i n g raw m a t e r i a l from one country to labour and machinery i n the other; 5) i t was agreed that a j o i n t survey would be carried out f o r a r a i l l i n k to connect C a l c u t t a with A g a r t a l a ; and f) p r o t o c o l s were signed making new credits a v a i l a b l e to Bangladesh. 18. B.M. Abbas, op. c i t . , pp.34-35. 19. According to B.M. Abbas when Mujib c o n f e r r e d with Abbas, he r e a l i s e d h i s e r r o r and decided to r e l y on Abbas's judgement. 1 76 20. B.M. Abbas was the a l t e r n a t e leader in the f i r s t five experts' meeting held between I n d i a and P a k i s t a n . A f t e r the independence of Bangladesh Abbas became Advisor to the Prime Minister on f l o o d c o n t r o l , i r r i g a t i o n , and power, and, i n that c a p a c i t y was Bangladesh's c h i e f n e g o t i a t o r . He was also the f i r s t chairman of the Indo-Bangladesh J o i n t R i v e r s Commission. 21. India and Bangladesh agreed to run the Farakka Barrage on an experimental b a s i s from A p r i l 21 to May 31, 1975. The accord was announced on A p r i l 18, 1975 i n the form of a p r e s s r e l e a s e . 22. B.M. Abbas, op. c i t . , p.46. 23. Keesing's Contemporary A r c h i v e s , "Bangladesh: The Farakka D i s p u t e . " October 15 24. The Vancouver Sun, May 17 1976, "Bangladesh p r o t e s t e r s end march c l o s e to Indian border." 25. Ibid. 26. Ibid. 1976, anti-dam 27. Bangladesh sent a d e l e g a t i o n under the l e a d e r s h i p of B.M. Abbas to the United Nations Water Conference h e l d i n Mar Del P l a t a , A r g e n t i n a from March 14 to 25, 1977. B.M. Abbas was elected chairman of one of the two committees. The major Bangladesh p r o p o s a l with regard to i n t e r n a t i o n a l c o o p e r a t i o n in the development of shared water r e s o u r c e s was met with immediate response from most of the lower r i p a r i a n s t a t e s . 28. See Appendix C f o r p r o v i s i o n s of the 1977 Ganges Waters T r e a t y . A r t i c l e II (2) of the Agreement assures Bangladesh 80% of the agreed share. 29. The Janata Party M a n i f e s t o , Both Bread and L i b e r t y , says: The Party w i l l r e s o l v e such o u t s t a n d i n g i s s u e s as remain with its neighbours and w i l l c o n s c i o u s l y promote a good-neighbour policy, p.25. 30. See footnote #28. 31. The f i r s t l e t t e r of p r o t e s t was w r i t t e n by the government of P a k i s t a n on October 29, 1951. T h i s i s the date which marked the beginning of the d i s p u t e . 32. See Text of the 1977 Agreement between India and Bangladesh in Appendix C. 33. The Helsinki Rules authored by the I n t e r n a t i o n a l Law Associaton i n 1966, p r o v i d e the most important and widely accepted l e g a l g u i d e l i n e s f o r use in s e t t l i n g international river disputes. See International Law A s s o c i a t i o n , H e l s i n k i Rules on the Uses of I n t e r n a t i o n a l R i v e r s , (London: 177 I n t e r n a t i o n a l Law A s s o c i a t i o n , 1966). 34. Ben Crow, The P o l i t i c s and Technology of Sharing the Ganges , unpublished Ph.D. t h e s i s , U n i v e r s i t y of Edinburgh, 1980, p.114. Although Crow i d e n t i f i e s P a k i s t a n ' s s t r a t e g y t o be these f i v e , he l i m i t s h i s d i s c u s s i o n t o the 1960-1970 p e r i o d . I agree with him, but only partially. I argue that these five s t r a t e g i e s were used throughout the d i s p u t e from 1951 up t o now. I also s e r i o u s l y doubt Crow's c o n t e n t i o n that these s t r a t e g i e s were used i n the order given i n an e f f o r t to increase the pressure on India t o cooperate. As I argue throughout the t h e s i s , a subordinate/downstream country has a l i m t e d number of options available. I t uses whichever i t t h i n k s w i l l give i t maximum b e n e f i t a t a p a r t i c u l a r time and a c c o r d i n g t o the dynamics of the s p e c i f i c c o n f l i c t . 35. Government of Bangladesh. White Paper on the Ganges Water Dispute, Dhaka, September, 1976, p.13. 36. The Hindu, February 19 1976, "Ganga waters: Bangla c l a i m . " India refutes 37. See Crow, op. c i t . , p.402; see a l s o , Foreign A f f a i r s Record, A p r i l 1976, " O f f i c i a l Indo-Bangladesh T a l k s on Ganges Waters of A p r i l 26, 1979." 38. Nehru and Ayub were i n London i n March 1961 t o attend the Commonwealth heads of s t a t e conference. They mmet t o d i s c u s s a nvumber of i s s u e s and the q u e s t i o n of the Farakka issue a l s o came up. Thre was no fpormal understanding but they decided t o cooperate on the Farakka p r o j e c t . Nehru had t e n t a t i v e l y agreed that as soon as the t e c h n i c a l aspects were s o r t e d out, discussions among m i n i s t e r s from both c o u n t r i e s c o u l d take place. T h i s , they hoped would pave the way f o r a comprehensive settlement of the i s s u e . 39. Bangladesh, however, d i d not accept t h i s concession because Nepal's p o s i t i o n i n f u t u r e d i s c u s s i o n s was not c l e a r l y d e f i n e d . 40. The Times of I n d i a , January 15 1981, "Farakka and i t s F a l l out," by Inder Malhotra. 41. PM." 42. The Hindu, December LeMarquand, op. 20 1977, " Z i a ' s f r u i t f u l t a l k s with c i t . , p. 17. 43. Dawn (Dhaka d a t e l i n e ) , J u l y 12 1961, c o l d shouldered." "Pakistan's proposal 44. B.M. Abbas who was a l t e r n a t e leader of the Pakistan d e l e g a t i o n i n n e g o t i a t i o n s with India over the Farakka Barrage issue stayed back i n Bangladesh a f t e r the c r e a t i o n of that country. In Mujib's c a b i n e t he was f i r s t a d v i s o r to the Prime 1 78 Minister on f l o o d control, irrigation, and power. He has w r i t t e n an a u t h o r i t a t i v e account of the n e g o t i a t i o n s from 1960 onward. In t h i s book, The Ganges Water D i s p u t e , he c l a i m s that d u r i n g Mrs. Gandhi's v i s i t to Bangladesh i n March 1972, he proposed a joint rivers commission of the two c o u n t r i e s . Apparently,. Mrs. Gandhi r e a d i l y endorsed the i d e a . The idea was a l s o supported by Sheikh Mujib, Sardar Swaran Singh India's foreign minister, as w e l l as Abdus Samad Azad, Bangladesh foreign minister. See B.M. Acbbas, The Ganges Water D i s p u t e , (Dhaka: U n i v e r s i t y Press L i m i t e d , 1982), pp.31-32. 45. The J o i n t R i v e r s Commission was f i r s t mentioned i n the joint statement issued a t the end of I n d i r a Gandhi's v i s i t to Dhaka i n March 1972. However, the JRC f i r s t met i n June 1972 with B.M. Abbas of Bangladesh as i t s chairman. 46. Government of Bangladesh. White Paper on the Ganges Water D i s p u t e , Dhaka, September, 1976, p.13. 47. A good i l l u s t r a t i o n of the p o l i t i c a l i n t e r p r e t a t i o n of technical data i s to be found i n the way each s i d e used measurements of the Ganges' flow to support i t s own position. The Indians used measurements taken a t Farakka and the Pakistanis used measurements taken farther downstream at Hardinge Bridge i n East p a k i s t b a n . The two measurements d i d not tally because at Hardinge B r i d g e , the Ganges' flow i s supplemented by groundwater seepage. Therefore, the measurements taken here asre g r e a t e r than those recorded a t Farakka. The Indians used the flow measurements a t Farakka to prove that since Pakistan received more water a t Hardinge B r i d g e , the Indians should have to r e l e a s e less water to Pakistan. The Indians, of c o u r s e , needed a l l the water they c o u l d get at Farakka f o r the r e j u v e n a t i o n of C a l c u t t a p o r t . 48. Lok Sabha Debates, S i t u a t i o n , " 32, 56, C o l s . August 16 2405-2560. 1961, "International 49. Dawn, January 10 1977, "China-Bangladesh r e l a t i o n s , " and March 19 1977, "Bangladesh fully prepared to uphold sovereignty." 50. Crow, op. 51. Dawn, J u l y Farakka." c i t . , pp.169-170. 16 1978, "India r e j e c t s Kosygin's suggestion on 52. USIA, D e l h i , Towards our common g o a l s : t e x t s of remarks and speeches," New D e l h i , 1978. 53. The Hindu, January 7 1978, "Callaghan gets warm welcome." 54. A f t e r Bangladesh r a i s e d the i s s u e i n the U n i t e d Nations i n September 1976, India was o b v i o u s l y angered. Bilateral n e g o t i a t i o n s which followed were a mere f o r m a l i t y . No progress 179 c o u l d be made because the Indian d e l e g a t i o n demanded more data. This deadlock was not broken until I n d i r a Gandhi l o s t the e l e c t i o n to M o r a r j i D e s a i . 55. LeMarquand, op. cit• , p.10. 56. Lok Sabha Debates, March 31 1969, "Construction Barrage across the River Padma by P a k i s t a n , " S4, 2_6, C o l . 57. B.M. Abbas, op. cit. , of a 46. p.26. 58. In 1969, Ayub Khan's ten-year long "benevolent" dictatorship came to an end. M a r t i a l Law was declared throughout P a k i s t a n because of the student unrest throughout the country but particularly i n East P a k i s t a n . In East P a k i s t a n , the movement a g a i n s t m i l i t a r y r u l e was a c t u a l l y spearheaded by the Awami League. Amidst a l l t h i s chaos, the communication from Islamabad to i t s n e g o t i a t o r s over the Farakka i s s u e was u n c l e a r . Besides, the Ganges Barrage was such a mammoth p r o j e c t that the P a k i s t a n government might have used i t to put pressure on I n d i a . 59. See footnote #33. 60. Mrs. Gandhi had considered Mujibur Rahman to be her "friend" and protege. It i s s a i d that she had a b s o l u t e l y no i n k l i n g of h i s b r u t a l a s s a s s i n a t i o n . A f t e r t h i s incident, she summoned senior Raw o f f i c e r s (Research and A n a l y s i s Wing), the Indian version of a secret s e r v i c e and reprimanded them severely. The timing a l s o corresponded with her assuming e x t r a o r d i n a r y powers under Emergency regulations. Withdrawing water u n i l a t e r a l l y from Bangladesh at t h i s p o i n t was, t h e r e f o r e , q u i t e normal f o r I n d i a . 61. Abbas, op. c i t . , pp.55-56. 62. It i s quite a common p r a c t i c e by s t a t e s to l i n k v a r i o u s issues in a bargaining s i t u a t i o n . The subordinate state in a superordinate-subordiante r e l a t i o n s h i p may sometimes o f f e r the stronger power something that country may want i n exchange f o r something i t wants from the superordinate country. This issuearea linkage works only when what it wants from the superordinate power i s not very important to that country. In that sense, the subordinate country i s always at a disadvantage v i s - a - v i s i t s superordinate p a r t n e r . 63. Bangladesh Times, May 9 1981, proposal of South T a l p a t t y . " "India r e j e c t s j o i n t survey 64. Since the p a r t i t i o n of India in 1947, Bengali-speaking people from both West Bengal and what i s now Bangladesh s t a r t e d emigrating to Assam. Very soon, these Bengalees became the e l i t e , educated c l a s s in Assam. The Assamese people have always resented this i n v a s i o n of t h e i r homeland. S t a r t i n g in 1980, there was an o r g a n i s e d movement a g a i n s t I n d i r a Gandhi's policy 180 of l e t t i n g i n Bengalees. The estimated number of Bengalees who went over to Assam i n a p e r i o d of t h i r t y year must be c l o s e to one m i l l i o n . 65. Sometimes subordinate/downstream c o u n t r i e s may t r y to convince the upstream c o u n t r i e s that a long-range and equitable solution i s in their interest. T h i s s t r a t e g y u s u a l l y works when i t i s employed with some other p o s i t i v e s a n c t i o n . 181 BIBLIOGRAPHY I. O f f i c i a l Documents. Bangladesh. M i n i s t r y of Foreign A f f a i r s , White Paper on Ganges Water Dispute, Dhaka, September 1976. the Bangladesh. M i n i s t r y of Power, Water Resources and Flood C o n t r o l , Proposal f o r the Augmentation of the Dry Season Flow of the Ganges, Dhaka, March 1978. India ( R e p u b l i c ) . M i n i s t r y of Information and I n d i a : A Reference Annual, 1969. Broadcasting, India ( R e p u b l i c ) . Lok Sabha S e c r e t a r i a t , P u b l i c Accounts Committee 196th Report, The Farakka Barrage P r o j e c t , New D e l h i , 1 976. India ( R e p u b l i c ) . M i n i s t r y of I r r i g a t i o n and Power, P r e s e r v a t i o n of the Port of C a l c u t t a , New D e l h i , 1961. India ( R e p u b l i c ) . M i n i s t r y of E x t e r n a l A f f a i r s , Documents, New D e l h i (undated). Bangladesh India ( R e p u b l i c ) . M i n i s t r y of E x t e r n a l A f f a i r s , Barrage, New D e l h i , September 1976. The Farakka India ( R e p u b l i c ) . M i n i s t r y of A g r i c u l t u r e and I r r i g a t i o n . Department of I r r i g a t i o n , Proposal f o r augmentation of the dry season flow of the Ganga, New D e l h i , March 1978. India ( R e p u b l i c ) . Parliament. Debates, New D e l h i . House of the People, Lok India ( R e p u b l i c ) . M i n i s t r y of E x t e r n a l A f f a i r s , Record, New D e l h i . II. Newspapers. Bangladesh Observer. Bangladesh Times. Dawn. F i n a n c i a l Times. The Hindu. The Hindu I n t e r n a t i o n a l Hindustan Times. Holiday. Edition. Foreign Sabha Affairs 182 New York Times. The Times of I n d i a . The Vancouver Sun. Xinhua News Agency. III. Secondary Abbas, B.M. The L i m i t e d , 1982. Sources. Ganges Water D i s p u t e . Dhaka: U n i v e r s i t y Press Ahmed, N a f i s , An Economic Geography of Bangladesh. Vikas P u b l i s h i n g House, 1976. Berber, F . J . R i v e r s in I n t e r n a t i o n a l Law. P u b l i c a t i o n s Inc, 1959. New New Delhi: York: Oceanea Black, Naomi. "Absorptive Systems are Impossible: The CanadianAmerican R e l a t i o n s h i p as a D i s p a r a t e Dyad." In W. Andrew A x l i n e , James E. Hyndman, Peyton V. Lyon, and Maureen A. Molot (eds.) C o n t i n e n t a l Community? Independence and I n t e g r a t i o n i n North America. Toronto: M c C l e l l a n d & Stewart, 1 974. B l o o m f i e l d , L.M. and G e r a l d F. Fitzgerald. Boundary Water Problems of Canada and the United S t a t e s . Toronto: The C a r s w e l l Company L i m i t e d , 1958. Bower, B l a i r T. "Water Resources Management and the Choice of Technology." In N a t u r a l Resources Forum. 2(January 1977): 119129. Burke, S.M. Pakistan's Foreign P o l i c y : A H i s t o r i c a l A n a l y s i s . London: Oxford U n i v e r s i t y Press, 1973. Chapman, J.D. (ed.) The I n t e r n a t i o n a l R i v e r B a s i n . U n i v e r s i t y of B r i t i s h Columbia P u b l i c a t i o n s Centre, Vancouver: 1963. Cohen, Maxwell. "River Basin P l a n n i n g : Observations I n t e r n a t i o n a l and Canada-United S t a t e s Experience." Resources Forum. 3 ( J u l y 1982): 247-261. from In N a t u r a l C o n n e l l y , P h i l i p and Robert Perlman. The P o l i t i c s of S c a r c i t y : Resource C o n f l i c t s in I n t e r n a t i o n a l R e l a t i o n s . London: Oxford U n i v e r s i t y P r e s s , 1975. Crow, Ben. Unpublished The P o l i t i c s and Technology of Sharing the Ganges. Ph.D. d i s s e r t a t i o n , U n i v e r s i t y of Edinburgh, 1980. -. " A p p r o p r i a t i n g the Brahmaputra: Onward March of India's Rich Peasants." In Economic and P o l i t i c a l Weekly. (December 25, 1982): 2097-2101. 183 Dolan, Michael B., B r i a n W. Tomlin, Maureen Appel Molot, and H a r a l d von R e i k h o f f . "Foreign P o l i c i e s of A f r i c a n S t a t e s in Asymmetric Dyads." In I n t e r n a t i o n a l Studies Q u a r t e r l y . 24:2 (September 1980): 415-449. , B r i a n W. Tomlin, and h a r a l d von R e i k h o f f . " I n t e g r a t i o n and Autonomy i n Canada-United S t a t e s R e l a t i o n s . " In Canadian J o u r n a l of P o l i t i c a l S c i e n c e . XV:2 (June 1982): 331-363. Franda, Marcus F. "Indo-Bangladesh R e l a t i o n s . " In American U n i v e r s i t i e s F i e l d s t a f f Reports, South A s i a S e r i e s , XIX:16 (September 1975): Gangal, S.C. Indian Foreign P o l i c y : A Documentary Study of I n d i a ' s F o r e i g n P o l i c y s i n c e the I n s t a l l a t i o n of the Janata Government on 24 March 1977. New D e l h i : Young A s i a , 1980. Gebert, R i t a I n g r i d . The Cauvery R i v e r D i s p u t e : H y d r o l o g i c a l P o l i t i c s in Indian F e d e r a l i s m . Unpublished Master's t h e s i s , Department of P o l i t i c a l Science, U n i v e r s i t y of B r i t i s h Columbia, August 1983. Hasan, Masuma (ed.) Pakistan in a Changing World. Karachi: P a k i s t a n I n s t i t u t e of I n t e r n a t i o n a l A f f a i r s , 1978. , "The Farakka Barrage D i s p u t e : P a k i s t a n ' s Case." In Pakistan H o r i z o n . XXI:4 (1968): 356-360. Hassan. Harvard Hiro, D i l i p . P a u l , 1976. I n t e r n a t i o n a l Law I n s i d e India Today. Journal. 19:2 (1978) London: Routledge & Kegan Harvard U n i v e r s i t y , Center for P o p u l a t i o n S t u d i e s . Bangladesh: Land Water, and Power S t u d i e s , F i n a l Report. Harvard, June •1 972. H o l s t i , K.J., and T.A. Levy. " B i l a t e r a l I n s t i t u t i o n s and Transgovernmental R e l a t i o n s between Canada and the United States." In I n t e r n a t i o n a l O r g a n i z a t i o n . 28:4 (1974): 875-901. H o l s t i , K.J. I n t e r n a t i o n a l P o l i t i c s : A Framework f o r A n a l y s i s . E n g l e w o o d - C l i f f s , New J e r s e y : P r e n t i c e - H a l l Inc., 1977. Hossain, I s h t i a q . "Bangladesh-India R e l a t i o n s : Issues and Problems." In Asian Survey. XXI:11 (November 1981): 1115-1128. I n t e r n a t i o n a l Law A s s o c i a t i o n . H e l s i n k i Rules on the Uses of the Waters of I n t e r n a t i o n a l R i v e r s . London: The I n t e r n a t i o n a l Law A s s o c i a t i o n , 1966. Johnson, B.L.C. Bangladesh. New York: Harper & Row, 1975. 184 Keesing's Contemporary Archives. Keohane, Robert 0. and Joseph S. Nye. Power and Interdependence: World P o l i t i c s i n T r a n s i t i o n . Boston: L i t t l e Brown and Comapany, 1977. " L i l l i p u t i a n s ' Dilemmas: Small States i n International P o l i t i c s . " In I n t e r n a t i o n a l O r g a n i z a t i o n . XXXIII (1969): 291-310. Kulz, Helmut R. "Further Water Disputes between India and Pakistan." In The I n t e r n a t i o n a l and Comparative Law Q u a r t e r l y . 18 (July 1969): 718-739. Kumar, S a t i s h (ed.) Documents on India's Foreign P o l i c y D e l h i : Macmillan, 1975. — (ed.) Documents on I n d i a ' s F o r e i g n P o l i c y D e l h i : Macmillan 1976. 1972. 1973. LeMarquand, David G. I n t e r n a t i o n a l R i v e r s : The P o l i t i c s of Cooperation. Vancouver: Westwater Research Centre, 1977. Maasland, M. Water Development P o t e n t i a l s of the GangesBrahmaputra-Meghna River B a s i n s . World Bank S p e c i a l P r o j e c t Department, Washington D.C, August 30, 1972. Mishra, P.K. I n d i a , P a k i s t a n , Nepal, and Bangladesh: India as a Factor i n the I n t r a r e g i o n a l I n t e r a c t i o n i n South A s i a . D e l h i : Sundeep, 1979. , and K.K. Panda. New P e r s p e c t i v e s Foreign P o l i c y . D e l h i : Sundeep, 1980. i n India's Mohan, C.J. "Problems of Navigable Approaches to the Port of Calcutta." C a l c u t t a Port Annual 1958. Morgenthau, Hans J . P o l i t i c s Among Nations: The Struggle f o r Power and Peace. 3d ed. New York: A l f r e d Knopf, 1965. . . York Times Magazine. Nag, S.K. 1970. " i s world P u b l i c Opinion 6:23 (March 1962). "The Study of the Hooghly." a Myth?" In New In C a l c u t t a Port Annual Piano, Jack C. and Roy O l t o n . The I n t e r n a t i o n a l R e l a t i o n s Dictionary. New York: H o l t , Rinehart and Winston, Inc., 1969. Rao, K.L. I n d i a ' s Water Wealth: I t s Assessment, Uses and Projections. New D e l h i : O r i e n t Longman Limited,- 1 975. Cusecs Candidate: Memoirs of an E n g i n e e r . M e t r o p o l i t a n Book Co. P v t . L t d . , 1978. New Delhi: 185 Ray, J a y a n t a Kumar. Studies. 17 ( 1 9 7 8 ) : "The F a r a k k a 235-246. Agreement." International R e v e l l e , Roger and T. Herman. "Some P o s s i b i l i t i e s f o r I n t e r n a t i o n a l Development of the Ganges-Brahmaputra R i v e r Basins." In Water f o r the Human E n v i r o n m e n t , V o l . 1. Congress Papers. P r o c e e d i n g s of t h e F i r s t W o r l d C o n g r e s s on Water R e s o u r c e s h e l d September 24-28, 1973, i n C h i c a g o , I l l i n o i s , pp. 154-163. R u s s e t t , B r u c e M. and Harvey S t a r r . W o r l d P o l i t i c s : The Menu for Choice. San F r a n c i s c o : W.H. Freeman and Company, 1981. S k o l n i k o f f , E.B. S c i e n c e , T e c h n o l o g y , and A m e r i c a n F o r e i g n Policy. C a m b r i d g e : M a s s a c h u s e t t s I n s t i t u t e of T e c h n o l o g y P r e s s , 1967. S p a t e , O.H.K., A.T.A. L e a r m o n t h , and B.H. Farmer. India, P a k i s t a n and C e y l o n : The R e g i o n s . L o n d o n : Methuen and Company Limited, 1972. S u l l i v a n , M i c h a e l P. I n t e r n a t i o n a l R e l a t i o n s : T h e o r i e s and Evidence. E n g l e w o o d - C l i f f s , New J e r s e y : P r e n t i c e - H a l l I n c . , 1976. U n i t e d N a t i o n s Document. United goals: (Summary R e c o r d ) A/BUR/31/SR.1. S t a t e s I n f o r m a t i o n Agency ( U S I A ) . Toward our t e x t s and s p e e c h e s . " Delhi, 1978. common Z a c h e r , Mark W. I n t e r n a t i o n a l C o n f l i c t s and C o l l e c t i v e S e c u r i t y , 1946-1977. New Y o r k : P r a e g e r P u b l i s h e r s , 1979. 186 APPENDIX A - STATUTE OF THE 1972 INDQ-BANGLADESH JOINT RIVERS COMMISSION Chapter I The C o n t r a c t i n g P a r t i e s Pursuant to the r e l a t i o n s of f r i e n d s h i p and c o - o p e r a t i o n that e x i s t between India and Bangladesh, D e s i r o u s of working together in h a r n e s s i n g the r i v e r s common to both c o u n t r i e s f o r the b e n e f i t of the peoples of the two countries, D e s i r o u s of s p e c i f y i n g some q u e s t i o n s r e l a t i n g to these matters, WE HAVE AGREED AS FOLLOWS: Chapter II Article 1 There s h a l l be e s t a b l i s h e d an Indo-Bangladesh J o i n t R i v e r s Commission, h e r e i n a f t e r r e f e r r e d to as the Commission. Article 2 ( i ) The Commission s h a l l be c o n s t i t u t e d by each p a r t i c i p a t i n g government a p p o i n t i n g a chairman and three members; of these two s h a l l be engineers. The Chairman and three members s h a l l o r d i n a r i l y hold o f f i c e for a p e r i o d of three y e a r s . ( i i ) Each p a r t i c i p a t i n g government may a l s o such e x p e r t s and a d v i s o r s as i t d e s i r e s . Article 3 The Chairmanship of the Commission s h a l l be h e l d a n n u a l l y turn by Bangladesh and I n d i a . in Article 4 ( i ) The Commission s h a l l have the f o l l o w i n g f u n c t i o n s in particular: a) to maintain l i a i s o n between the p a r t i c i p a t i n g c o u n t r i e s in order to ensure the most e f f e c t i v e j o i n t e f f o r t s i n maximising the b e n e f i t s from common r i v e r s to both c o u n t r i e s . b) to formulate f l o o d c o n t r o l works and to recommend implementation of j o i n t p r o j e c t s . c) to formulate d e t a i l e d p r o p o s a l s on advance f l o o r warnings, f l o o d f o r e c a s t i n g and cyclone warnings, d) to study f l o o d c o n t r o l and i r r i g a t i o n p r o j e c t s so that the water resources of the region can be u t i l i s e d on an e q u i t a b l e b a s i s fpor the mutual b e n e f i t of the peoples of the two c o u n t r i e s , and e) to formulate p r o p o s a l s f o r c a r r y i n g out c o - o r d i n a t e d research on problems of f l o o d c o n t r o l a f f e c t i n g both the c o u n t r i e s . ( i i ) The Commission s h a l l a l s o perform such other f u n c t i o n s as the two governments may, by mutual agreement, d i r e c t i t to do. 187 Chapter III SUPPORTING STAFF AND SECRETARIAL ASSISTANCE Article 5 Each government w i l l provide a p p r o p r i a t e supporting s t a f f and s e c r e t a r i a l a s s i s t a n c e to i t s r e p r e s e n t a t i v e i n the Commission to enable them to d i s c h a r g e t h e i r f u n c t i o n s i n an e f f e c t i v e manner. Chapter IV SESSIONS Article 6 ( i ) Subject to the p r o v i s i o n s of t h i s s t a t u t e , the Commission s h a l l adopt i t s own r u l e of procedure. ( i i ) Meetings may g e n e r a l l y take p l a c e a l t e r n a t i v e l y i n the two c o u n t r i e s , subject to the conveniencce of the two c o u n t r i e s . ( i i i ) S p e c i a l meetings of working groups or ad-hoc expert groups duly nominated by the r e s p e c t i v e governments may be arranged, as r e q u i r e d , by mutual c o n s u l t a t i o n of the Members. Chapter V RULES OF PROCEDURE ( i v ) The o r d i n a r y s e s s i o n of the Commission s h a l l be h e l d as o f t e n as necessary, g e n e r a l l y four times a year. In a d d i t i o n s p e c i a l meetings may be convened any time at the request of e i t h e r government. Article 7 A l l meetings s h a l l be c l o s e d meetings d e s i r e s otherwise. u n l e s s the Commission Chapter VI GENERAL PROVISIONS Article 8 The Commission s h a l l submit confirmed minutes of a l l meetings the two governments. The Commission s h a l l a l s o submit i t s annual r e p o r t s by the t h i r t y f i r s t of January, next year. to Article 9 D e c i s i o n s of the Commission s h a l l be unanimous. If any d i f f e r e n c e s a r i s e i n the i n t e r p r e t a t i o n of t h i s S t a t u t e they s h a l l be r e f e r r e d t o the two governments to be d e a l t with on a b i l a t e r a l b a s i s i n a s p i r i t of mutual respect and understanding. Done i n Dhaka on the 24th day of November, Nineteen Hundred and Seventy Two. 188 APPENDIX B - 1975 FORTY-DAY UNDERSTANDING JOINT INDO-BANGLADESH PRESS RELEASE EMBARGO:Not t o be p u b l i s h e d / b r o a d c a s t / t e l e c a s t BST on 18th A p r i l , 1975. before 1730 hours Dacca/New D e l h i , A p r i l 18: The d e l e g a t i o n from India l e d by H i s E x c e l l e n c y S h r i J a g j i v a n Ram, M i n i s t e r of A g r i c u l t u r e and I r r i g a t i o n and the d e l e g a t i o n from Bangladesh l e d by H i s E x c e l l e n c y Mr. Abdur Rab Serneabat, M i n i s t e r f o r F l o o d C o n t r o l , Water Resources, and Power met i n Dhaka from the 16th to 18th A p r i l , 1975. The t a l k s were h e l d i n a c o r d i a l atmosphere and were c h a r a c t e r i s e d by mutual understanding that e x i s t s between the two f r i e n d l y c o u n t r i e s . The Indian s i d e p o i n t e d out that while d i s c u s s i o n s regarding a l l o c a t i o n of f a i r weather flows of the Ganga d u r i n g lean months in terms of the Prime M i n i s t e r s ' d e c l a r a t i o n of May, 1974 a r e c o n t i n u i n g , i t i s e s s e n t i a l to run the feeder c a n a l of the Farakka Barrage d u r i n g the c u r r e n t lean p e r i o d . I t i s agreed that t h i s o p e r a t i o n may be c a r r i e d out with v a r y i n g d i s c h a r g e s in the ten-day p e r i o d s during the months of A p r i l and May, 1975 as shown below ensuring the continuance of the remaining flow for Bangladesh. Month Ten-day p e r i o d Withdrawal April May 1975 1975 21st to 30th 1st t o 10th 11th to 20th 21st to 31st 11,000 12,000 15,000 16,000 cusecs cusecs cusecs cusecs J o i n t teams c o n s i s t i n g of experts of two governments s h a l l observe at the a p p r o p r i a t e p l a c e s i n both the c o u n t r i e s the e f f e c t s of the agreed withdrawals at Farakka, i n Bangladesh and on the Hooghly R i v e r f o r the b e n e f i t of C a l c u t t a P o r t . A J o i n t Team w i l l a l s o be s t a t i o n e d at Farakka to record the d i s c h a r g e s i n t o the feeder c a n a l and the remaining flows f o r Bangladesh. The teams w i l l submit t h e i r r e p o r t s to both the governments f o r consideration. April 18, 1975. 189 APPENDIX C - INDO-BANGLADESH AGREEMENT ON SHARING OF GANGA WATERS AT FARAKKA The f o l l o w i n g i s the text of the agreement between the Government of the Republic of India and the Government of the People's Republic of Bangladesh on s h a r i n g of the Ganga waters at Farakka and on augmenting i t s flows signed i n Dhaka by S h r i S u r j i t Singh Barnala, f o t the Government of the Republic of India and Rear Admiral Musharraf Hussain Khan, f o r the Government of the People's Republic of Bangladesh on November 5, 1977. THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE PEOPLE'S REPUBLIC OF BANGLADESH, THE GOVERNMENT OF DETERMINED to promote and strengthen t h e i r f r i e n d s h i p and good n e i g h b o u r l i n e s s , r e l a t i o n s of INSPIRED by the common d e s i r e of promoting t h e i r peoples, the w e l l being of BEING d e s i r o u s of s h a r i n g by mutual agreement the waters of the i n t e r n a t i o n a l r i v e r s f l o w j i n g through the t e r r i t o r i e s of the two c o u n t r i e s and of making the optimal u t i l i s a t i o n of the water resources of t h e i r region by j o i n t e f f o r t s , RECOGNISING that the need of making an i n t e r i m arrangement f o r sharing of the Ganga waters at Farakka i n a s p i r i t of mutual accommodation and the need f o r a s o l u t i o n of the long term problem of augmenting the flows of the Ganga are i n the mutual i n t e r e s t s of the peoples of the two c o u n t r i e s , BEING d e s i r o u s of f i n d i n g a f a i r s o l u t i o n of the q u e s t i o n before them, without a f f e c t i n g the r i g h t s and e n t i t l e m e n t s of e i t h e r country other than those covered by t h i s Agreement, or e s t a b l i s h i n g any general p r i n c i p l e s of law or precedent, HAVE AGREED AS FOLLOWS: A. Arrangements f o r s h a r i n g of the waters of the Ganga at Farakka Article I The quantum ogf waters agreed to be r e l e a s e d by India to Bangladesh w i l l be at Farakka A r t i c l e II ( i ) The s h a r i n g between I n d i a and Bangladesh of the Ganga waters at Farakka from the 1st January to the 31st May every year w i l l be with r e f e r e n c e to the quantum shown i n Column 2 of the Schedule annexed hereto which i s based on 75 per cent a v a i l a b i l i t y c a l c u l a t e d from the recorded flows of the Ganga at Farakka from 1948 to 1943. 190 ( i i ) I n d i a s h a l l r e l e a s e to Bangladesh waters by 10-day p e r i o d s in the quantum shown i n Column 4 ogf the Schedule: Provided that the a c t u a l a v a i l a b i l i t y at Farakka o f f the Ganga waters d u r i n g a ten-day p e r i o d i s higher or lower than the quantum shown i n Column 2 of the Schedule i t s h a l l be shared i n the p r o p p o r t i o n a p p l i c a b l e to that p e r i o d ; Provided f u r t h e r that i f d u r i n g a p a r t i c u l a r ten-day p e r i o d , the Ganga flows at Farakka come down to such a l e v e l that the share of Bangladesh i s lower than 80 per cent of the value shown in Column 4, the r e l e a s e of waters to Bangladesh d u r i n g that tenday p e r i o d s h a l l not f a l l below 80 per cent of the value shown in Column 4. A r t i c l e III The waters r e l e a s e d to Bangladesh at Farakka under A r t i c l e I s h a l l not be reduced below Farakka except f o r reasonable uses of waters, not exceeding 200 cusecs, by I n d i a between Farakka and the p o i n t on the Ganga where both i t s banks are i n Bangladesh. A r t i c l e IV A committee of the r e p r e s e n t a t i v e s nominated by the two Governments ( h e r e i n a f t e r c a l l e d the J o i n t Committee) s h a l l be constituted. The J o i n t Committee s h a l l set up s u i t a b l e teams at Farakka and Hardinge Bridge to observe and record at Farakka the d a i l y flows below Farakka Barrage and i n the Feeder Canal, as w e l l as at Hardinge B r i d g e . Article V The J o i n t Committee s h a l l decide i t s own functioning. procedure and method of A r t i c l e VI The J o i n t Committee s h a l l submit to the two Governments a l l data a l l data c o l l e c t e d by i t and s h a l l a l s p o submit a y e a r l y report to both the governments. A r t i c l e VII The J o i n t Committee s h a l l be r e s p o n s i b l e f o r implementing the arrangements c o n t a i n e d i n t h i s part of the Agreement and examining any d i f f i c u l t y a r i s i n g out of the implementation of the above arrangements and of the o p e r a t i o n of the Farakka Barrage. Any d i f f e r e n c e or d i s p u t e a r i s i n g i n t h i s regard, i f not r e s o l v e d by the J o i n t Committee, s h a l l be r e f e r r e d to a panel of equal number of Indian and Bangladeshi e x p e r t s nominated by the two Governments which s h a l l meet u r g e n t l y at the a p p r o p r i a t e l e v e l to r e s o l v e i t by mutual d i s c u s s i o n and f a i l i n g that by such other arrangements as they may mutually agree upon. 191 B. Long-Term Arrangements A r t i c l e VIII The two governments recognise the need to cooperate with each other i n f i n d i n g a s o l u t i o n to the long-term prpoblem of augmenting the flows, of the Ganga d u r i n g the dry season. A r t i c l e IX The Indo-Bangladesh J o i n t R i v e r s Commission e s t a b l i s h e d by the two Governments i n 1972 s h a l l c a r r y out i n v e s t i g a t i o n and study of schemes r e l a t i n g to the augmentation of the dry season flow of the Ganga proposed or to be be proposed by e i t h e r Government with a view to f i n d i n g a s o l u t i o n which i s economical and feasible. I t s h a l l submit i t s recommendations to the two governments with a p e r i o d of three y e a r s . Article X The two Governments s h a l l c o n s i d e r and agree upon a scheme or schemes, t a k i n g i n t o account the recommendations of the J o i n t R i v e r s Commission and take necessary measures to implement i t or them as s p e e d i l y as p o s s i b l e . A r t i c l e XI Any d i f f i c u l t y , d i f f e r e n c e or d i s p u t e a r i s i n g from or with regard to t h i s part of the Agreement, i f not r e s o l v e d by the J o i n t R i v e r s Commission, s h a l l be r e f e r r e d to the two Governments which s h a l l meet u r g e n t l y at the a p p r o p r i a t e l e v e l to r e s o l v e i t by mutual d i s c u s s i o n . C. Review and D u r a t i o n A r t i c l e XII The p r o v i s i o n s of t h i s Agreement w i l l be implemented by both p a r t i e s i n i n good f a i t h . During the p e r i o d f o r which the Agreement c o n t i n u e s to be i n f o r c e in accordance with A r t i c l e 15 of the Agreement, the quantum of waters agreed to be r e l e a s e d to Bangladesh at Farakka i n accordance with t h i s Agreement s h a l l not be reduced. A r t i c l e XIII The Agreement w i l l be reviewed by the two Governments at the e x p i r y of three years from the date of coming i n t o f o r c e of t h i s Agreement ar as may be agreed upon between the two governments. A r t i c l e XIV The review or reviews r e f e r r e d to i n A r t i c l e 13 s h a l l e n t a i l c o n s i d e r a t i o n of the working, impact, implementation and progress of the arrangements c o n t a i n e d i n p a r t s A and B of t h i s Agreement. A r t i c l e XV T h i s Agreement s h a l l enter i n t o f o r c e upon s i g n a t u r e and s h a l l remain i n f o r c e f o r a p e r i o d of f i v e years from the date of i t s coming i n t o f o r c e . I t may be extended f u r t h e r f o r a s p e c i f i e d 1 92 p e r i o d by mutual agreement i n the l i g h t of the reviews r e f e r r e d to i n A r t i c l e 13. IN WITNESS THEREOF the undersigned, being duly a u t h o r i s e d t h e r e t o by the r e s p e c t i v e Governments, have signed t h i s Agreement. DONE i n d u p l i c a t e at Dhaka on November 5, 1977 i n the H i n d i , Bengali and E n g l i s h languages. In the event of any c o n f l i c t between the t e x t s , the E n g l i s h t e x t s h a l l p r e v a i l . 1 93 APPENDIX D - CONSENSUS S T A T E M E N T AT THE UNITED NATIONS 1. T h e p a r t i e s a f f i r m e d t h e i r a d h e r e n c e t o t h e D e c l a r a t i o n on P r i n c i p l e s o f I n t e r n a t i o n a l Law concerning Friendly Relations a n d C o - o p e r a t i o n among S t a t e s i n a c c o r d a n c e w i t h t h e C h a r t e r of the U n i t e d N a t i o n s and s t r e s s e d , i n t h i s r e g a r d , their u n a l t e r a b l e commitment t o s t r e n g t h e n their bilateral relations by a p p l y i n g t h e s e p r i n c i p l e s i n t h e s e t t l e m e n t of disputes. 2. T h e p a r t i e s r e c o g n i s e d the u r g e n c y of the s i t u a t i o n , p a r t i c u l a r l y w i t h the onset of a n o t h e r dry season. 3. B o t h p a r t i e s a g r e e d s o l u t i o n and, to that Dacca (Dhaka) a t the m view to a r r i v i n g at a t h a t t h e s i t u a t i o n c a l l e d f o r an urgent end, have d e c i d e d t o meet u r g e n t l y at i n i s t e r i a l level for negotiations with a f a i r and e x p e d i t i o u s settlement. 4. T h e p a r t i e s a s s e r t e d t h a t t h e p r i m e o b j e c t i v e o f s u c h i n t e n s i f i e d c o n t a c t was to promote the w e l l b e i n g s of their p e o p l e s and a g r e e d t o f a c i l i t a t e the e s t a b l i s h m e n t o f an atmosphere c o n d u c i v e t o the s u c c e s s f u l outcome of the negotiations. 5. T h e p a r t i e s u n d e r t o o k t o g i v e d u e c o n s i d e r a t i o n appropriate ways o f u t i l i z i n g t h e c a p a c i t y of t h e system. 6.It i s open to e i t h e r p a r t y at i t s t h i r t y - s e c o n d session settlement of the problem. to on to the United r e p o r t to the G e n e r a l the p r o g r e s s achieved most Nations Assembly i n the