Ganga Water Treaty flawed, should be replaced with updated pact: Bangladesh expert

The 1996 India-Bangladesh Ganga Water Treaty should be replaced with a new agreement that takes into account climate change, ecological needs and the role of Nepal, according to Bangladesh river water expert Manjur A Chowdhury.

In an interview with The Hindu yesterday (6 October), Chowdhury, a former chairman of Bangladesh's National River Conservation Commission (NRCC), said the existing treaty is "flawed" and due to expire in December. He proposed a three-year interim agreement to allow time for research and negotiations on a longer-term pact.

"The Ganga Water Treaty is three decades old and flawed as it does not include a guarantee clause. It also does not have ecological flow and environmental flow considerations. In addition, the treaty does not include factors that are related to climate change. It simply divides the water of the river. That is not a right approach," Chowdhury told The Hindu.

He said Nepal should also be included in a future agreement, given the contribution of Himalayan snowmelt through rivers flowing into the Ganga.

A new treaty should also consider the "health of the river" to prevent the Ganga from being overexploited, he said.

"Before the treaty's expiry in December this year, ideally, we should opt for a short-term treaty of three years during which time we will conduct further research and negotiations to draft a new and lasting Ganga Water Treaty that will incorporate technological and environmental developments," he said.

Calls for Nepal's inclusion

Chowdhury said treating the Ganga as solely a bilateral issue between India and Bangladesh overlooks the role of Nepal in the river system.

"India always looks at the Ganga treaty as a bilateral treaty but in the lean months it receives a lot of snowmelt from Nepal's Ghaghara, Gandaki, and Koshi rivers; they also need to be monitored if we have to care for the Ganga," he said.

He argued that environmental considerations relevant to the 21st century should be incorporated into any new treaty.

His comments came a day after he made similar remarks at a conclave in Dhaka, where he called for a fresh agreement.

The existing treaty is set to expire in December unless India and Bangladesh agree to extend it for another 30 years.

Former foreign secretary flags arbitration issue

Former Foreign Secretary Farooq Sobhan, who was involved in negotiating the treaty during Sheikh Hasina's first tenure as prime minister in 1996, also pointed to shortcomings in the agreement.

Speaking to The Hindu, Sobhan said the absence of an arbitration clause remains a problem and that unfulfilled commitments made by India should be revisited.

"India had promised to build a barrage for Padma [Ganga] in Bangladeshi territory at that time, but it was not followed up. That was the quid pro quo for not including the arbitration clause. But that barrage was not built," he said.

Sobhan said Bangladesh had conducted surveys in the 1990s on building the barrage but did not receive the necessary assistance.

Renewal talks continue

Discussions on renewing the Ganga Water Treaty have been ongoing in both India and Bangladesh, although key technical consultations are yet to take place ahead of its December expiry, according to The Hindu.

The issue has also drawn criticism in India. JD(U) MP Sanjay Jha previously urged the Indian government not to renew the treaty, arguing that it had "negatively impacted" Bihar.

India's External Affairs Minister S Jaishankar subsequently responded to Jha in a letter dated 28 August.

"We fully understand your concerns regarding the Ganga Water Treaty. I would like to bring to your attention that under the leadership of the Jal Shakti Ministry, inter-ministerial consultation involving relevant stakeholders have taken place to ensure broad-based consultation on the future of the treaty," Jaishankar wrote.