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international water sharing conflict: An appraisal

MoHAMMAD MoNiRuL AZAM and MD. SAiFuL KARiM
ALTHOUGH we live on the "water planet" unique in our solar system, water is a major source of conflicts in the globe. While water covers some 70% of the world's surface but only 3% of this are freshwater. And three quarters of that is concentrated in inaccessible geographical areas, such as Polar Regions and glaciers.
The history of relation between human beings and water and even more, among human beings because of water- is quite fascinating, conflicting and difficult. It is the history of sharing and exclusion, rationality and mystification, artistic and destruction, co-operation and war. And in the great majority of cases, when water has been regarded as a common asset, it has become the source of power both material and immaterial. Therefore in most of the cases, access to water or water sharing has involved inequality, deprivation and confrontation in order to grab power. This article attempts to define water crisis and the major water sharing conflicts around the globe and also indicate the possible avenues to settle the conflicts.
Global water crisis
Water is essential to almost all forms of life and human beings cannot survive for more than a few days without it. Water is abundant on the Earth in a variety of liquid, frozen and gaseous states. Moreover, it is a renewable natural resource, cleansing and redistributing itself through natural cycles. As mentioned earlier, water covers some 70% of the planet's surface, less than 3% of this consists of freshwater. Much of the world's freshwater resources are frozen in polar ice caps or deep underground. According to recent World Meteorological Organization (WMO) estimates, less than 0.3% of the global water resources consist of accessible freshwater.
Therefore many regions of the world are facing serious water problems and related stress is likely to grow considerably in the near future. Similar conclusions are repeated time and again in various assessments. For example, the World Resource Institute found that, during the period of 1940 to 1990, freshwater withdrawals from lakes, rivers, aquifers and other sources increased by a factor of more than four. A number of countries already experience acute scarcity, namely in the Middle East --and some micro and island nations such as Singapore and Malta rely heavily on imports. In the Middle East, 9 out of 14 countries currently experience scarcity and the others are rapidly approaching this state. In the South Asia, Water Crisis is also silently looming and already there is a significant harm caused in the Bangladesh due to unilateral diversion of water from Ganges and some other trans-boundary rivers by India through construction of dams, reservoir, barrage etc.
international water sharing conflict
The potential for conflict over freshwater is enormous, given its importance for basic survival, industry, energy production and other fundamental components of society. Many freshwater basins --estimated to be more than 300-- lie on or across international borders. An exact figure is difficult to determine, but official United Nations studies estimate that 47% of the world's land area (not including Antarctica) overlaps with an international freshwater basin. A number of conflicts linked to freshwater are already apparent at various local and international levels, and the risk for more grows as population and degradation pressures accelerate. Fewer than 10 countries possess some 60% of the world's accessible water resources. Some regions are blessed with abundance of freshwater while others face scarcity or, in the worst cases, fall below the "water stress zone". The unilateral diversion of water has significant consequences for food security (notably agricultural) and environment. It will also continue to play a large role as a limiting factor for socio-economic development.
The type and severity of conflict between the various states involved, varies depending on the region. In non-arid regions of the world conflicts or disputes are often based on environmental concerns resulting from dam construction or trans-boundary pollution. On the other hand, in arid and semi-arid regions disputes and conflicts, although also possibly involving similar issues relating to dam construction, center on the problem of water scarcity.
However conflicts over freshwater come in many shapes, sizes and colors. For this reason, analyzing them in a logical and coherent manner is not an easy task.
Settlement of international water sharing conflict
Initially international conflict on water was based on the boundary demarcation on rivers, later it turned into conflict on freedom of navigation on international water ways and finally it has become a source of conflict for non-
navigational uses.
Therefore, water as a source of conflict is not a new phenomenon, for throughout recorded history wars have been fought for control of waterways. Nor are international concerns relating to water sharing conflict new, although they have rarely been given an open airing, mainly, due to political sensitivity and lack of consensus. For example, the 1977 United Nations Water Conference at Mar del Plata clearly recognized the need for the cooperative management and development of shared water resources, but it did not explicitly deal with the issue of conflict management.
Chapter 18 of Agenda 21, the main document produced by the Rio Conference in 1992, makes little mention of the potential for conflict over water resources. The 1992 Dublin Principles under principle no. 2 mentioned that water development and management should be based on a participatory approach, but it also skips the matter of water sharing conflict.
The legal foundation and principles that support the sustainable development of water resources and effective solution to water sharing conflict is paramount. Until 1997, international water sharing and freshwater management has been conspicuous for its numerous regional instruments compared with the absence of any comprehensive international framework beyond the 1966 Helsinki Rules.
However the United Nations General Assembly (GA) adopted the Con-
vention on the Law of the Non-Navigational Uses of International Watercourses on May 21, 1997. This Convention is intended to provide principles and rules to guide States in negotiating future agreements on specific watercourses. In this sense, it acts as a "framework convention". The GA adopted it with 103 votes in favor to 3 against (Turkey, China and Burundi), with 27 abstentions. Despite the important rejection of China and Turkey --two regional water superpowers-- and a number of reservations about the rights of upstream riparian, this convention will likely to attract more serious attention to issues of international freshwater conflict. The Convention defines a number of terms (Article 2), includes environmental issues in its scope (Articles 20-23) and has a clause on the settlement of disputes (Article 33).
Article 33 of the Watercourse Convention sets forth the procedure of settlement of disputes by peaceful means. Article 33 (2) provides the procedure when the parties concerned cannot reach agreement by negotiation requested by one of them. In that case, they may jointly seek the good office or request of mediation or conciliation by a third party or make use appropriate, of any joint watercourse institutions (that may have been established by them) or agree to submit the dispute to arbitration or to the International Court of Justice.
But if the parties failed to settle their dispute within six months through negotiation or any other peaceful means as referred in art. 33 (2), the dispute shall be submitted at the request of any of the parties to the dispute, to an impartial fact finding commission. The provision for compulsory fact finding at the request of any party to a dispute raised strong objection from certain countries (e.g. - China and India). But this provision is very important for down stream countries like Bangladesh to serve their interest and they may also utilize the provisions of article 33 in the bilateral agreement for water sharing with other states.
However, this convention is yet to come in force because this convention will come into operation only after 90 days elapse of the date of deposit of the 35th instrument of ratification, acceptance, approval, or accession. As of January 11, 2002 only 11 states have ratified the convention.
Water as a scarce public good is gaining strategic significance. The availability of water and access to its utilization are crucial to the economic well-being not only on individuals but also entire regions and are thus the corner stone of peaceful co-existence. Therefore the peaceful management of global watercourse must be organized. It is expected that watercourse convention will become the basis to settle the water sharing conflicts in the coming days and nation states will reflect their good will towards the world community through ratifying the convention.
Concluding remarks
Water not oil will be the major cause of confrontation in this century. Again there are indications that water may be an avenue of dialogue, often when no other avenue exists such as in the Middle East and South Asia. Therefore Water may also be a confidence builder and a way to reduce tensions. However, to settle water-sharing conflict, political will is more important than technical skills. Therefore, different states should cooperate with each other to defuse water-sharing conflicts and to ensure basic access to water for every human being and every human community as a vital common global heritage.
Mohammad Monirul Azam & Md. Saiful Karim are free-lance writers on law and development.