IWT can’t be abrogated unilaterally, joint plan for Indus Basin only solution: Report

‘Open 8 more cross-LoC routes, ease travel procedures’

Mohinder Verma
JAMMU, Apr 13: Though the Indus Water Treaty (IWT) between India and Pakistan has adversely affected the State of Jammu and Kashmir yet it is not possible to unilaterally abrogate the same in the absence of any exit clause and solution to the water issues lies in the integrated development plan for the conservation of Indus Basin.
This has been observed by the Dileep Padgaonkar-headed panel of interlocutors on Jammu and Kashmir in its report, which was submitted to the Union Home Minister, P Chidambaram in the month of October 2011.
“The limitations imposed by the Treaty to enhancing water storage capacities on the rivers on the Indian side has curbed both the hydro-power generation capacity of the Jammu and Kashmir as well as blocked the efforts for irrigating land”, the report said, adding “these factors, in turn, have failed to attract investment in the State”.
According to the report, the answer to the water issues doesn’t lie in the abrogation of the Treaty but in rendering it more effective. “Under the Treaty, India is duty bound to comply with the obligations as an upper riparian State and in any case, it is not possible to unilaterally abrogate the Treaty”, it said, adding “even at the peak of hostilities between India and Pakistan, the thought of nullifying the Treaty had not crossed minds in Pakistan”.
Speaking about the potential for convergence, report said, “the solution to the water issue lies in integrated development plan for the conservation of the Indus Basin. “This would take into full account the linkages between water, land and the users, the environment and the infrastructure. It would have to focus on better cooperative management of shared water resources”, report further said, adding “vast amount of financial and technical resources would be needed to attain these goals besides political will of all stakeholders”.
About the disputes arising out of the division of different parts of erstwhile princely State of Jammu and Kashmir, the report said, “if psychological trauma of the people of Jammu and Kashmir being suffered during the last six decades has to be brought to an end, a settlement to the disputes should apply on both sides of the Line of Control”.
Noting that the situation on the Pakistani side of the LoC was rather different from that on the Indian side, the report points to the lack of freedom and autonomy in PoK and Gilgit-Baltistan.
“A large number of legal and constitutional reforms and changes on the ground will be required on the Pakistani side if the same political, economic and cultural freedom are to be offered across the LoC”, the report said, adding “2009 Gilgit-Baltistan reforms package brought the Pakistani side of the State closer towards harmonising relations with the Indian side”.
Suggesting expansion and easing of trade and travel between J&K and Pakistan-occupied-Kashmir, the interlocutors have suggested near-universal support in all parts of the former princely State to inter-Kashmir trade and travel. They have also referred to the recommendations of the Prime Minister’s Working Group on Strengthening Relations across the LoC on opening more cross LoC routes and relaxation of restrictions to include pilgrims, patients and tourists, if necessary, unilaterally by India.
Pointing towards the number of memorandums from traders associations and travelers on the bureaucratic difficulties in promotion of trade and travel, the report said, “the permit procedures are extremely cumbersome as a result of which the buses often run at 10 to 20 per cent capacity”, adding “trade has remained on a primitive barter basis in a world where money travels more easily than people or goods”.
The interlocutors have suggested opening of all routes across the LoC like Jammu-Sialkote, Jhangani-Mirpur, Mendhar-Kotli, Turtuk-Khapulu, Skardu-Kargil, Chamb-Nonian, Gurez-Astoor-Gilgit and Titwal-Chilham. “The measures to ease travel would include issue of travel permit on the strength of the Permanent Resident Certificate, completion of security clearance within a maximum period of 30 working days, provision to multiple entry-exit permits valid for one year and permission to relatives to see off or receive travelers at the border posts”, the report said.
In order to ease trade, the interlocutors have suggested holding of fairs in towns close to the LoC on both sides, annual or bi-annual haats or market fairs between the check points on both sides of the LoC. They have also recommended enlarging of list of export and import items without any restrictions on the quantity of traded goods.
“The customs duties should be exempted on reciprocal basis for a period of three years”, the report, said, adding “banking facilities should also be provided on both sides of the LoC and the barter system done away with”.
The interlocutors, according to the report, have also suggested swift customs checks especially for perishable items and use of scanners to clear trucks, which will considerably reduce the time being consumed in checking every item. “The trucks should be allowed to go directly to their destinations or transport depots should be created in areas adjacent to the LoC”, the report said.
The report has also recommended setting up of consultative committees with members from each legislature on both sides, along with experts, to facilitate activities in areas such as agriculture, environment protection, tourism, exchange visits, and medical relief measures during epidemics and natural disasters.