Status and Implementation of Transboundary River Agreements on the Ganges in Bangladesh.

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1 ISSUE BRIEF No. 1 APRIL 2015 Issue Brief Status and Implementation of Transboundary River Agreements on the Ganges in Bangladesh. Executive Summary his issue brief the first in a series of three summarizes the findings of a study conducted by the Bangladesh Centre for Advanced Studies (BCAS) on the availability and accessibility 1 of hydrological data and information on the Ganges or Padma River in Bangladesh. TSpecifically, this issue brief discusses the current state of bilateral agreements and treaties between India and Bangladesh on the Padma or Ganges River. Its main objective is to highlight the intent of existing bilateral agreements such as the 1996 Ganges Water Sharing Treaty and how these agreements are being implemented in practice. The perceptions of people living in areas covered by the Ganges Water Sharing Treaty have been taken into account and analyzed for a better understanding of their expectations from the Treaty versus the actual reality on the ground. Although the terms and conditions of the Treaty seem clear cut, and there have been a number of commissions and committees created by Bangladesh and India to ensure proper implementation, monitoring and evaluation of the project and data from field surveys have revealed claims of extensive inadequacies and discrepancies in the Treaty's functioning that may warrant further investigation into the matter of water sharing between Bangladesh and India at Farakka Barrage. Field surveys and interviews uncovered a potentially even greater problem which is the lack of access to data and information about different stakeholders on the ground some with little to no knowledge of the Treaty and its implications. Findings have shown apprehension and reluctance on both sides to interact, with stakeholders characterizing endeavors towards gaining information from official authorities as futile and exhausting, even as officials perceive the need to share information with stakeholders as unnecessary. The Asia Foundation is a nonprofit international development organization committed to improving lives across a dynamic and developing Asia. Informed by six st decades of experience and deep local expertise, our programs address critical issues affecting Asia in the 21 century governance and law, economic development, women's empowerment, environment, and regional cooperation. In addition, our Books for Asia and professional exchange programs are among the ways we encourage Asia's continued development as a peaceful, just, and thriving region of the world. 1 April 2015

2 This issue brief seeks to highlight the problems and inadequacies in the Treaty's implementation in a simple and easy to understand manner such that steps may be taken to try rectify some of these issues on the ground. General Overview of Existing Bilateral Treaties and Obligations Four agreements two treaties and two memoranda of understanding (MoU's) have been signed 2 between Bangladesh and India on sharing water from the Ganges River. The first treaty was signed in 1977 and the second in 1996 and the MoUs were signed in 1982 and A key clause of the 1977 Treaty was the guarantee of a minimum amount of water to Bangladesh, stated to be no less than 80 per cent of the Ganges water flow during each period (dry or monsoon) no matter how low the flow of the Ganges during that period might be. One of the key provisions of the 1996 water sharing treaty was that India and Bangladesh should each receive a guaranteed 35,000 cusecs of water in alternating 3 10 day periods during the dates of March 11 to May 10. The 1996 Water Sharing Treaty also called for India and Bangladesh to establish a Joint Committee, comprising an equal number of members from each country, to monitor the water sharing process and to submit a yearly report to both governments. In the event that an issue arose that could not be mitigated by the Joint Committee, it was to be referred to the Indo-Bangladesh Joint Rivers, Commission, which was established in March The Joint Committee's function is to observe and record the daily flow rates below the Farakka Barrage on the Indian side and Hardinge Bridge on 4 the Bangladesh side. The Government of Bangladesh also established the Joint Rivers Commission Bangladesh (JRCB), as the national agency looking after water governance, with the powers to negotiate with co-riparian countries on the development, management, and sharing of transboundary rivers. Since its establishment, the Indo-Bangladesh Joint Rivers Commission has held 37 meetings at different levels of government including the secretariat and ministry levels. The Joint Rivers Commission is also assigned the task to monitor and assess the water levels of the Ganges River at Farakka in India and Hardinge Bridge in Bangladesh from January 1 to May 31 every year, and to proactively disclose this 5 information on its website and in the mainstream print and electronic media. Implementation of Treaties and Agreements The Ganges Water Sharing Treaty of 1996 is a 30-year agreement that remains valid until It is therefore technically the only on-going bilateral negotiation between India and Bangladesh on the Ganges Basin.The Joint Committee, which was established by the 1996 Treaty has held a total of 48 meetings as of May 7, 2011, on the sharing of Ganges waters at Farakka. Under the 1996 Treaty, the Joint Rivers Commission monitors water sharing from January 1 May 31 every year and publishes its findings in national dailies. The Commission's website does not report how many times it has met, but based on the provisions of the Treaty, and according to a former member, the Joint Rivers Commission meets every year, and it should have met at least 15 times since the signing of the 6 Treaty. Notably, the Joint Rivers Commission proactively discloses all discharge data and all key decisions that have been taken by the Commission since This includes for example, Ganges 2 April 2015

3 water sharing data between January to May each year. Similarly, the summary of the Indo-Bangladesh Joint Rivers Commission on the Tipaimukh Hydroelectric Project was also disclosed through a press release. A priority issue for Bangladesh is ensuring that the country receives its rightful share of water as per the provisions of the treaties signed with India. The availability of water is also a key concern for local communities and stakeholders. Field work conducted by BCAS in Godagari sub-district of Rajshahi district and Ishwardi sub-district of Pabna district (Figure 1) revealed that there is a divergence between the perspectives of local stakeholders and government officials regarding the volume of water in the river. Farmers from the Matikata Union of Godagari sub-district, Rajshahi district, claimed that the flow of the Ganges used to be around 100 feet deep (60-70 hands in the local language) during peak periods, and approximately 60 feet (40 hands) during lean periods, before the commission of the Farakka Barrage. However, now the picture is quite different with the peak period flow not more than 15 feet (10 hands) and virtually no water in the lean or dry season. Figure 1. Study Area A farmer's group of Pakhsy Union of Ishwardi sub-district, Pabna district (Figure 2), claimed that before Farakka, the water flow in the Ganges ranged from 80 to 90 feet in depth, but now the water level does not rise more than 30 feet in their estimation. They claim that the river is drying rapidly. They recalled that as children they were afraid of the mighty flow of the Ganges, but now children can sometimes cross the river by wading across it (see Figure 3). 3 April 2015

and maintaining water (ground and surface) level data for 17 districts in north western Bangladesh.

4 Figure 2. Focus Group Discussion with Farmers in Pakshy Figure 3. No water, only sand bars In order to cross check the claims of local stakeholders, BCAS contacted the local Bangladesh Water Development Board (BWDB) office in Pabna, which is in charge of collecting and maintaining water (ground and surface) level data for 17 districts in north western Bangladesh. The BWDB refuted the claims of the farmers, saying they were false because Bangladesh routinely receives 35,000 cusecs of water during the lean period, which is in accordance with the terms of the 1996 Treaty. They even claimed that Bangladesh sometimes receives more than its allotted share, receiving as much as 40,000 cusecs. They firmly stated that although flow may decline sometimes, Bangladesh never gets less than 30,000 cusecs. The precise reason(s) for this divergence of views between government officials and local communities is difficult to explain but merits further investigation. Transparency and Access to Information of Bilateral Treaties and Negotiations According to the 1996 Water Sharing Treaty, Bangladesh and India are each to receive Ganges water as per the following distribution policy: 4 April 2015

5 If water availability is 70,000 cusecs or less at Farakka, then Bangladesh and India will share the water equally. If the water availability is 70,000 to 75,000 cusecs at Farakka, then Bangladesh will get 35,000 cusecs and India may withdraw the rest. If water availability is more than 75,000 cusecs, then India may withdraw 40,000 cusecs and Bangladesh will get the rest. As mentioned earlier, there is another provision which stipulates that India and Bangladesh each shall receive a guaranteed 35,000 cusecs of water in alternating 10-day periods during the period between March 11 to May 10. The Joint Rivers Commission, under the Ministry of Water Resources, proactively discloses all information on water sharing between India and Bangladesh as per the 1996 Treaty, including the total availability of water at Farakka, and Bangladesh and India's rightful share and actual share at Farakka. The press releases of the Joint Rivers Commission also report Bangladesh's actual water availability at Hardinge Bridge as well as the Bangladesh's rightful share according to the indicative schedule of 7 Annexure II of the 1996 Treaty. The Joint Rivers Commission Bangladesh (JRCB) publishes Ganges water sharing details every year on its website and at the same time discloses the data proactively to major national dailies in Bangladesh. The JRCB on its website has published press releases of water 8 sharing details from 2008 to However, it is a matter of contention whether local communities that use the water of the Ganges for their survival and livelihoods know about the Water Sharing Treaty and its provisions. For instance, Kartik Halder (aged 68) and his son Ashok Halder (aged 35) are fishermen who have been fishing in the Ganges River in Pakshy Union of Ishwardi sub-district for the last years (Figure 4). A fourth generation fisherman, Kartik Halder stated that the flow of the river near Hardinge Bridge always used to be atleast 40 hands or 60 feet in the month of Chaitra (March April). In the last eight to 10 years, the flow has now drastically reduced to only eight hands or 12 feet (Figure 5). He further stated that due to the Farakka Barrage both the depth and flow of the river have declined in the last years. 9 This is particularly evident in the Chaitra- Baishakh (March-May) periods. Figure 4. Fishermen Kartik and Ashok Halder on the Ganges River 5 April 2015

6 The availability of fish in the river has also declined significantly. Ashok claimed that as a child they used to haul up to 20 kilograms of fish everyday and now they are lucky to catch even five kilograms. Both men admitted that the number of fishermen has also increased by nearly five to seven times and there are as many as fisherman households where before there were only Both of them adamantly blamed the Farakka Barrage as the root cause of their misfortune. They claimed not to have heard about the existing Water Sharing Treaty, and were not aware of its implementation. In their view, Bangladesh is not getting its rightful share of the water. There have been many local and national political movements against Farakka since its commissioning, but one major event may have triggered the anguish of local people: the long march of Maolana Bhashani towards the Farakka Barrage. On May 16, 1976, Bhashani, an influential leader in the history of Bangladesh, began a long march from Rajshahi towards the Farakka Barrage, attempting to cross the India-Bangladesh border. Although he did not succeed, as a result of his efforts, the Bangladesh government took the issue to the United Nations, and subsequently guarantee clauses were inserted in the 1977 India and Bangladesh treaty on the Ganges River. Figure 5. Dried up river beneath the Harding's Bridge When Kartik and Ashok were asked whether they ever consult with the local BWDB department for water level forecasting, or complain to their local member of parliament about water scarcity, both of them expressed reluctance to go through such a complicated process. They also felt that as poor fishermen they would not be able to get access to such high level personnel. Conclusion and Recommendations From the field visit and research it is evident that there is a divergence in views between local communities and government institutions on the ground on the issue of water availability in the Ganges River. The research team did not get any sense that the perspectives of local people are the result of propaganda, rather their views are based on lived experience. In contrast, the perspective from government departments such as the BWDB is not in step with the views of local stakeholders. The BWDB officials know the provisions of the Treaty and Bangladesh's share but are not aware of 6 April 2015

7 what are the needs and wants of local stakeholders. Both sides clearly only see one side of the coin. While it is unclear what the cause of this information asymmetry is, it is evident that greater communication between local government departments and local stakeholders on the ground is necessary. Furthermore there are not only gaps between the perspectives of government and local stakeholders but also between different layers of government. For example, although the local agriculture and fisheries department represents the local government, there is limited communication or coordination with the local water development board. Local people and the local government officials claimed that the BWDB is a district level agency whereas the Upazilla (sub-district) agricultural department and fisheries department operate at a sub-district level. As a result, BWDB is institutionally superior to them, and does not consult within them on water related issues, despite the fact that they represent local farmers and fishermen. Local farmers and fishermen also claimed that it is inconvenient for them to travel to visit the district headquarters of the BWDB office, although they do sometimes require information and data on water levels etc. From an empirical point of view, clearly some measures are needed to mitigate the communication and information gaps between local stakeholders and government, and between different government departments at the local level. Local people living in the Ganges River Basin rely intensively on the river water for their livelihoods, and they suffer the consequences of reduced water flows. Consequently, any new treaty or agreement should be preceded by stakeholder consultations and needs and impact assessments. Furthermore, any decision taken by the government should be participatory in nature, and involve the local people at a grassroots level. It is also perhaps necessary to undertake a comprehensive scientific analysis of whether the existing flow in the Ganges River during the period January to May each year is adequate to ensure the flow and health of the river. ****************************** Acknowledgements This issue brief was prepared by Md. Golam Rabbani, Dr. Samarendra Karmakar, Hafizul Islam Khan, Mustainur Rahman, Mahmud Hassan Tuhin and Zoheb Mahmud Khan at the Bangladesh Centre for Advanced Studies (BCAS). The views expressed here are those of the individual author(s) and do not reflect those of The Asia Foundation or the Skoll Global Threats Fund. The Bangladesh Centre for Advanced Studies (BCAS) is an independent, non-profit, non-government, policy, research and implementation institute working on sustainable development at local, national, regional and global levels through the interdisciplinary themes of environment-development integration, good governance and people's participation, poverty alleviation and sustainable livelihoods, economic growth and public-private partnership. The aim of BCAS is to provide guidance and practical solutions to promote sustainable development, eradicate poverty, improve access of the poor to resources and ensure social justice. More information is available at The Asia Foundation is a nonprofit international development organization committed to improving lives across a dynamic and developing Asia. Informed by six decades of experience and deep local expertise, our st programs address critical issues affecting Asia in the 21 century governance and law, economic development, women's empowerment, environment and regional cooperation. In addition, our Books for Asia and professional exchange programs are among the ways we encourage Asia's continued development as a peaceful, just and thriving region of the world. More information is available at April 2015

8 References Endnotes Government of Bangladesh (1996) Treaty Between the Government of People's Republic of Bangladesh and Government of Peoples Republic of India On Sharing of the Ganga/Ganges Waters at Farakka, Dhaka. Joint Rivers Commission Bangladesh (2014) Press Release, Ministry of Water Resources. [Online] Khan,T.A (1996) Management and Sharing of the Ganges, Natural Resource Journal, Vol.36, pp Rahman,M.M (2006) The Ganges Water Conflict: A Comparative Analysis of 1977 Agreement and 1996 Treaty. Asterikos, 1(2): In June 2013, the Asia Foundation with support from the Skoll Global Threats Fund and in partnership with the World Resources Institute and civil society organizations in Bangladesh, India and Nepal, initiated a project to promote and strengthen transparency and access to data and information on transboundary water governance in South Asia. Over a 15-month period, TAF and its partners assessed the availability of data and information relating to three transboundary rivers in Bangladesh, India and Nepal, while building the capacity of civil society and the media to utilize transparency tools and mechanisms including the right to information to push for greater access to data and information on water and climate issues, and disseminate this information within the region. In Bangladesh, TAF partnered with the Bangladesh Centre for Advanced Studies to implement the project. 2. Agreement between the Government of the People's Republic of Bangladesh and the Government of the Republic of India on the sharing of Ganges waters at Farakka and on augmenting its flows, 1977 Agreement on sharing of exceptionally low flows at Farakka for ; Agreement on sharing exceptionally low flows at Farakka for ; and Treaty between the Government of the People's Republic of Bangladesh and the Government of the Republic of India on sharing of the Ganga/Ganges water at Farakka, GoB (1996) 4. GoB (1996); Khan (1996) and Rahman (2006) 5. JRCB (2014) 6. Personal communication with former JRC member Mr. Tauhidul Anwar Khan (April 16, 2014). 7. The indicative schedule at Annexure II of the 1996 Water Sharing Treaty is based on 40 years ( ) 10-day period average availability of water at Farakka. Every effort by the upper riparian to protect flows of water at Farakka as in the 40-years average availability has been pledged in the Treaty (1996), Government of Bangladesh. 8. JRCB website: 9. Personal communication with Kartik and Ashok Halder, January 19, , Jor Bagh, (First Floor), New Delhi , INDIA Tel.: Fax: April 2015

The Government of the Republic of India and the Government of the People s Republic of Bangladesh,

Treaty Between the government of the Republic of India and the government of the People s Republic of Bangladesh on Sharing of the Ganga/Ganges Waters at Farakka. Signed on December 12, 1996. The Government