PSIR Optional Political Science and International Relation
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📝Making SAARC Work

🔶A number of initiatives have been agreed upon by the member countries in the 16th SAARC summit held at Thimpu in 2010 & 17th summit at Addu in 2011.

Following steps have been suggested at the 16th summit-

🔶 It was also realised that effective communication and public diplomacy is essential to reach out to students, youth, private media, think tanks, civil society and institutions for economic development. This would be important to popularize the concept of
regional cooperation and generate an interest among the people of the region on the activities of SAARC. It would essentially build the image of the organization which many consider as a dead horse.

🔶An ambitious vision has been adopted. For example: 2010-2020 has been declared “Decade of Intra-regional Connectivity in SAARC” when member countries themselves are hesitant to provide even bilateral connectivity.
📝Sluggish Progress: Views from Within

🔶For the first time member countries at the Thimpu Summit in Bhutan, marking the 25th anniversary, in 2010 expressed their frustration with SAARC’s sluggish progress.

🔶The then Prime Minister of India Manmoha Singh expressed his disappointment by saying that “the glass of regional cooperation, regional development and regional integration is half empty” and emphasized that “the region must be better connected, empowered, fed and educated” to achieve comparable success with other regional organizations.

🔶In 2014 PM Narendra Modi in his speech at the 18th SAARC Summit in Kathmandu observed that “nowhere in the world are collective efforts more urgent than in South Asia; and, nowhere else is it so modest.”

🔶He also observed that “Each of us (South Asian Countries) has taken our own initiatives.
However, as SAARC we have failed to move with the speed that our people expect and
want”.
📝 India’s Neighbourhood Policy: Neighbourhood First

🔶 When PM Narendra Modi took oath as the 14th Indian Prime Minister in May 2014, he made a significant diplomatic outreach to India’s neighbours by inviting their heads of
government.

🔶 The PM soon made his first foreign visit to Bhutan. Minister of External Affairs Sushma Swaraj too, made her first official foreign visit in the neighbourhood, to Bangladesh. The diplomatic priority that government attached to the neighbourhood is evident from the PM’s visit to all of India’s neighbours, except Maldives, and the numerous leaders hosted in New Delhi and meetings at other multilateral fora.

🔶These developments have gave rise to the term ‘nieghborhood first’ as India’s policy in its periphery.
📝India and Pakistan Relations

🛡️The Background ( Part 1 )


🔶 Pakistan resolution passed in the annual session of the All India Muslim League held in
Lahore on 22–24 March 1940.

🔶 Partition of India 1947: Creation of Pakistan

🔶Kashmir issue was taken up at the UN 1948 and Ceasefire came into existence in 1949.

🔶Pakistan Joins the SEATO (1954) and Baghdad Pact or CENTO (1955)

🔶The Indus Water Treaty was signed in 1960 with the Mediation of the World Bank

🔶6 rounds of talks in1962-64

🔶The India-Pakistan War 1965-

🔶 Tashkent agreement 1966- Both sides giving up territorial claims, withdrawing their armies from the disputed territory.
📝India and Pakistan Relations

🛡️The Background ( Part 2 )


🔶The Simla Agreement 1972: Signed between Prime Minister Indira Gandhi and Zulfikar Ali
Bhutto from Pakistan

🔶 The Simla Agreement designates the ceasefire line of December 17, 1971, as being the new "Line-of-Control (LoC)" between the two countries, which neither side is to seek to
alter unilaterally, and which "shall be respected by both sides without prejudice to the recognised position of either side".

🔶 It also contains a, mutual commitment to the peaceful resolution of all issues through direct bilateral approaches.

🔶Domestic turmoil in Pakistan- Zulfikar Ali Bhutto is removed by General Ziaul Haq who becomes the president in 1978 and launches Islamic legal system. Bhutto is hanged in 1979.Operation Meghdoot in 1984 brought the Siachen Glacier under India’s control.
📝Causes for the Limited Progress of SAARC

🔶Some of the major reasons for the limited progress on the part of SAARC to take off in any concrete manner has been due to-

1. Origin of SAARC- since its inception, SAARC was seen as a tool by some countries to contain India, while India also harbored its own apprehensions that the organization may be used by smaller states to score political points against it at multilateral forums.

2. India- Pakistan relations: bilateral difficulties between two of the largest members of SAARC have had casted a long shadow over the idea of SAARC. Other members of SAARC have often argued that the SAARC grouping has been crippled/ has been held back because of the fluctuating nature of their relationship. Moreover, Pakistan has never supported the idea of strengthening SAARC as it fears that India will occupy centre stage within the grouping.
📝India-Pakistan Relations A Framework:Dialogue-Disruption-Dialogue ( Part 1 )

🔶 The relations between India and Pakistan are marked by divergent narratives starting with the very beginning of these countries as independent nations in 1947 in the backdrop of the colonial rule, the two nation theory and the partition of India. This had made it difficult to reconcile positions on issues ranging from territory (J&K), boundaries (Sir Creek and Siachen) and Security (Terrorism).

🔶The foundational apprehensions of Pakistan against India and its quest for defining itself as the opposite has led to its intransigence on many issues.

🔶The structure of this relation has been conflict prone and marked by asymmetry.

🔶 The pattern in the decades since independence has shown a cycle of Disruption-Dialogue- Disruption. This means cooperation and peace have often taken place parallel to the threats of war or have been disrupted by violent episodes of terrorism.
📝India-Pakistan Relations A Framework:Dialogue-Disruption-Dialogue ( Part 2 )

🔶Though there had been sporadic agreements and treaties signed between India and Pakistan such as the Indus Water Treaty of 1960, the Tashkent Agreement of 1966, and theShimla Agreement of 1972, a systematic peace-process between the two adversarial neighbours had never taken off till the Composite Dialogue Process (CDP) in the late 1990s’

🔶 Idea of a “composite dialogue process” (CDP) was articulated at the 1997 Male meeting between Indian Prime Minister I.K. Gujral and Pakistani Prime Minister Nawaz Sharif.

🔶However the composite dialogue process has also been disrupted by events such as the Kargil war of 1999, the attack on India parliament in 2001 and the 26/11 attack in Mumbai
in 2008.

🔶When the two countries again started engaging in 2010 it the name of CDP was changed to the ‘Resumed Dialogue’, with some changes in the content, including progress on Mumbai trial.
📝India-Pakistan Relations A Framework:Dialogue-Disruption-Dialogue ( Part 2 )

🔶Though there had been sporadic agreements and treaties signed between India and Pakistan such as the Indus Water Treaty of 1960, the Tashkent Agreement of 1966, and theShimla Agreement of 1972, a systematic peace-process between the two adversarial neighbours had never taken off till the Composite Dialogue Process (CDP) in the late 1990s’

🔶 Idea of a “composite dialogue process” (CDP) was articulated at the 1997 Male meeting between Indian Prime Minister I.K. Gujral and Pakistani Prime Minister Nawaz Sharif.

🔶However the composite dialogue process has also been disrupted by events such as the Kargil war of 1999, the attack on India parliament in 2001 and the 26/11 attack in Mumbai
in 2008.

🔶When the two countries again started engaging in 2010 it the name of CDP was changed to the ‘Resumed Dialogue’, with some changes in the content, including progress on Mumbai trial.
📝Key Issues Between India and Pakistan

🔶The India-Pakistan joint statement on 23 September 1998, following the meeting of the two Foreign Secretaries in New York, identified the issues to be included in the CDP between the two countries and the levels at which they were to be addressed.

1. Peace and Security including Confidence Building Measures (CBMs) — Foreign Secretaries

2. Jammu and Kashmir — Foreign Secretaries

3. Siachen — Defence Secretaries

4. Wullar Barrage/Tulbul Navigation Project Secretaries, Water & Power

5. Sir Creek — Additional Secretary (Defence)/Surveyors General

6. Terrorism and Drug Trafficking — Home/Interior Secretaries

7. Economic and Commercial Cooperation — Commerce Secretaries.

8. Promotion of Friendly exchanges in various fields — Secretaries, Culture.
📝The Indus Water Treaty

🔶The Indus Waters Treaty was signed in 1960 after nine years of negotiations between India and Pakistan with the help of the World Bank, which is also a signatory. Signed by India’s Prime Minister Jawaharlal Nehru and the then President of Pakistan, Ayub Khan.

🔶 The treaty pertains to most complete and satisfactory utilisation of the waters of the Indus system comprising of the six rivers running across the Indus basin.

🔶The negotiations were the initiative of former World Bank President Eugene Black.

🔶 Former U.S. President Dwight Eisenhower described it as "one bright spot ... in a very depressing world picture that we see so often."
📝 Significance of The Indus Water Treaty

🔶 It is Seen as one of the most successful international treaties,

🔶It has survived frequent tensions, including conflict, and

🔶It has provided a framework for irrigation and hydropower development for more than
half a century.

🔶 It is a generous treaty in terms of both the sharing ratio (80.52 per cent of the aggregate water flows in the Indus system reserved for Pakistan) and the total volume of basin waters for the downstream state.

🔶 It is the first and only treaty that goes beyond water sharing to partitioning rivers.
📝Important Provisions of Indus Water Treaty

🔶 The three western rivers (Jhelum, Chenab and Indus) were made available to Pakistan for unrestricted use.

🔶 Three eastern rivers (Ravi, Beas and Sutlej), were made available to India for unrestricted use.
📝Indus, Jhelum and Chenab: Western Rivers and India

🔶Under the treaty obligation India shall not permit any interference with these waters
except for the following uses defined under the treaty:

🔶 Domestic Use;

🔶 Non-Consumptive Use;

🔶 Agricultural Use, as set out in Annexure C; and

🔶 Generation of hydro-electric power, as set out in Annexure D.

🔶Except as provided in Annexure D and E, India shall not store any water of, or construct any storage works on, the Western Rivers.

🔶 Thus, while India could use the western rivers, restrictions were placed on building of storage systems.
📝Working of the Indus treaty:

🔶 Treaty sets out a mechanism for cooperation and information exchange between the two countries regarding their use of the rivers, known as the Permanent Indus Commission, which has a commissioner from each country.

🔶The Treaty also sets forth distinct procedures to handle issues which may arise:

🔶“questions” are handled by the Commission;

🔶“differences” are to be resolved by a Neutral Expert; and

🔶“disputes” are to be referred to a seven-member arbitral tribunal called the “Court of
Arbitration.”

🔶 The World Bank’s role in relation to “differences” and “disputes” is limited to the designation of people to fulfill certain roles when requested by either or both of the parties.
📝Recent Disagreements on Indus Water Treaty

🔶India and Pakistan disagree about the construction of the Kishenganga (330 megawatts)
and Ratle (850 megawatts) hydroelectric power plants being built by India.

🔶 The two countries disagree over whether the technical design features of the two hydroelectric plants contravene the Treaty.

🔶 The plants are on respectively a tributary of the Jhelum and the Chenab Rivers.

🔶 The Treaty designates these two rivers as well as the Indus as the “Western Rivers” to which Pakistan has unrestricted use.

🔶Among other uses, under the Treaty, India is permitted to construct hydroelectric power
facilities on these rivers subject to constraints specified in Annexures to the Treaty.
📝What are Indian Concerns in Recent Times?

🔶 From the Indian point of view, the basic dissatisfaction with the treaty arises from the fact that it prevents the country from building any storage systems on the western rivers. Even though the treaty lays out that under certain exceptional circumstances storage systems can be built, the complaint raised by India is that Pakistan deliberately stops any such effort due to the political rivalry it shares with India.

🔶The Treaty has too many engineering provisions and gives Pakistan undue right to vet the designs of the Indian projects. India has been attempting to construct run of the river projects on the western rivers. Run-of-the-river projects are permitted by the Indus treaty within defined limits. But Pakistan wants no Indian works on the three “western rivers” and seeks international intercession by invoking the treaty’s dispute-settlement provisions.
📝Increasing Questions on the Treaty

🔶 In the context of terrorism being used as an instrument of state policy by Pakistan questions have been raised about the treat

🔶In 1960, India accepted the treaty as a goodwill gesture trading water for peace. Within five years of the treaty’s entry into force, Pakistan launched a war to grab the Indian part of J&K in 1965.

🔶 Pakistan insists on rights without responsibilities. Many argue, that use of state-reared terrorist groups can be invoked by India, under Article 62 of the Vienna Convention on the Law of Treaties, as constituting reasonable grounds for withdrawal from the Indus treaty.

🔶The International Court of Justice has upheld the principle that a treaty may be dissolved by reason of a fundamental change of circumstances.
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📝 India’s Options

🔶Utilizing the eastern river waters optimally.

🔶Ensure that the infrastructure which needs to be developed to fully exploit the capacity as
provisioned as part of the IWT with respect to both western and eastern rivers should be
completed expeditiously in a time bound manner.

🔶Utilizing the existing dispute resolution mechanism judiciously.

🔶 India needs to continue its engagement with Afghanistan and assist in dam construction,
not withstanding protestations by Pakistan.
📝Sir Creek Dispute

🔶 The 96-km estuary between India and Pakistan, cutting through where Gujarat State and Sindh province meet, has had a dramatic impact on Indian security, though it’s always been seen to be relatively simple to resolve.

🔶It was one of the subjects in the India-Pakistan composite dialogue that resumed under Atal Bihari Vajpayee’s government in 2004.

🔶Six rounds of talks have taken place, the two sides have conducted a joint survey of the creek and exchanged maps showing their respective positions.

🔶 The issue remains unresolved.