Experts push Pakistan for proactive strategy, legal action on Indus Water Treaty

Islamabad:In the wake of India’s claims of the Indus Water Treaty (IWT) being "in abeyance," Pakistan has a strategic opportunity to reframe the discourse on the treaty, assert its water rights and highlight the treaty’s structural flaws at international legal and environmental forums, experts said during a seminar here.

They insisted that the IWT was often portrayed as a safeguard for Pakistan but in reality, it contained multiple structural flaws that disproportionately benefitted India, like lopsided water distribution, water diversion, provisions permitting pollution through effluent drains and limited protection for Pakistan’s rights as a lower riparian state.

The seminar titled “Indus Waters Treaty ‘in Abeyance’: Implications and Strategic Pathways for Pakistan” was held at the Institute of Policy Studies here. The speakers included noted water expert Dr Hassan Abbas, former water and power secretary Mirza Hamid Hassan, IPS chairman Khalid Rahman, IPS associate Cmdr (r) Azhar Ahmad and public policy lawyer Ameena Sohail.

Dr Hassan Abbas said the Indo-Pak water conflict originated soon after independence in 1947. "India has consistently used water as a tool of dominance and began constructing major dams and other infrastructure years before the treaty was signed."

The expert said water wars were fought not with weapons but with infrastructure, deceitful treaties, diplomacy and alliances. He described the IWT as more of a “capture agreement” than a fair water-sharing treaty, saying it constrains Pakistan’s sovereignty over its water resources. With global momentum building around ecological justice and sustainable water use, Pakistan is in a strong position to challenge the status quo, provided it develops the institutional capacity, scientific data and political will to do so.

Dr Abbas called for a broader rethinking of how Pakistan views its river systems. He said water must be seen not only as a national security concern but also as a driver of regional economic transformation.

Over the longer term, he proposed building trade corridors along river systems, citing a potential route from the Arabian Sea to Jalalabad in Afghanistan, which could serve as a hub for commerce with Central Asia.

The speakers also addressed India’s assertion that the treaty is “suspended” and clarified that such unilateral claims had no legal validity, as the IWT contained no provisions for suspension or abeyance. They, however, said the development presented Pakistan with a political and legal opening to assert its position internationally.

The speakers urged Pakistan to challenge treaty violations and unauthorised diversions at global forums, including the World Bank, a party to the treaty, the UN and international legal institutions.

Khalid Rahman said Pakistan’s responses had historically been defensive. He called for a shift toward a proactive stance that not only protects Pakistan’s interests but also reframes the international narrative, including raising questions about India’s reliability in honoring global treaties and agreements.

While most speakers advocated assertive legal action, Hamid Hassan advised caution regarding the renegotiation of the IWT saying the treaty involves layers of complex hydroengineering and geopolitical intricacies.

“Attempting to renegotiate could involve high political, legal and financial risks. Instead, Pakistan should focus on enforcing compliance, especially in data sharing, and escalate violations to international bodies,” he said.