Image: Business Standard, ‘Water Crisis Looms Large in Pakistan, may face absolute scarcity by 2040’, <https://www.business-standard.com/article/international/water-crisis-looms-large-in-pakistan-may-face-absolute-scarcity-by-2040-121032200050_1.html> accessed on May 23, 2022.
Introduction
In current times Pakistan is considered one of the most densely populated countries in the world. As economists may suggest, an evident effect of a high population is the scarcity of resources. This may be one of the primary reasons why Pakistan currently faces a water shortage. The World Resources Institute has placed Pakistan on the list of 17 countries facing “extremely high” water scarcity.[1] Indeed, the Pakistan Council of Research in Water Resources has also warned the Pakistani authorities that the country might reach a drought-like status by 2025 if no action is taken.[2]
These circumstances are alarming. The effect of water shortage can already be seen in major cities like Karachi, where a high number of Karachiites do not have access to clean water.[3] This has led the privileged class to rely on private companies to fill their water tankers, while the less privileged fall prey to death by dehydration or a multitude of diseases.
Additionally, the Pakistani economy mainly relies on the agricultural industry. Today, significant changes in river flows and low water levels disrupted Pakistan’s irrigation system.[4] Indus is among the dying rivers due to government mismanagement and water diversion to Eastern rivers. Water scarcity has an adverse impact on crops, with Pakistan not able to produce crops according to its current potential. A drop in crops would mean a drop in Pakistan’s current GDP, a further increase in food prices and inflation, and, consequently, a downfall of the economy.[5]
Nevertheless, the cause of the problem is not limited to Pakistan’s rapid population growth. Other factors like mismanagement of the available water resources and weak water infrastructures have caused the existing resources to drastically deplete.[6]
Now, the question arises as to what Pakistan is doing to maintain its current water resources and counter the arising crisis. This requires us to consider Pakistan’s national legal framework on water governance and whether it is adequate to help overcome Pakistan’s current situation.
Notably, Article 9 of the Pakistani Constitution stated that “No person shall be deprived of life or liberty, save in accordance with the law.”[7] This provision guarantees the right to get access to basic amenities, including water.[8] Indeed, as stated in the case SUIT vs. Nestle Milkpak, the Sindh High Court stated that “No civilized society shall permit the unfettered exploitation of its natural resources, particularly in respect of water.” [9]
Indus Water Treaty
In 1960, Pakistan signed the Indus Water Treaty with India, which regulates irrigation and hydropower development for both the States.[10] The treaty assigned the western rivers (Indus, Chenab, Jhelum) to Pakistan and the Eastern rivers (Ravi, Sutlej, Beas) to India. The treaty also regulated the mechanism regarding the use of the rivers, with both parties having free access to the waterways for specific uses. Each country was considered responsible for planning, constructing, and maintaining its water projects and toil to increase the water diversions. Nevertheless, a dispute arose between the territories when India set up two hydroelectric power plants on Jhelum and Chenab, to which Pakistan has unrestricted use. The Indian project on River Chenab was considered a violation of the treaty.[11]
National Legal Framework
Going back to the history of national legislation in Pakistan, the Canal & Drainage Act, enacted in 1873, was the first act to regulate the provinces’ irrigation, navigation, and water drainage. The Act made the Provincial Government entitled to use and control water of all rivers and lakes flowing in natural channels for public purposes. The Act also aimed to support decentralisation, manage canal water resources, promote environmental protection, and remove inconsistencies.[12]
In 1991, the Water Apportionment Accord described the shares of the provinces for water storage and empowered them to develop new projects within allocated water limits for the development of irrigation.[13] However, the accord failed to address the actual issue of water shortages and, thus, caused conflicts among the provinces.[14] The disputes were then aggravated due to water scarcity caused by climate change, water wastage due to poorly maintained water infrastructure for irrigation, non-availability of quality water for human consumption, and lack of adequate water management by the government.[15] With Pakistan at risk of acute water scarcity, it emerged a strong need for collective action of the provinces to prevent unwanted consequences. However, inter-provincial disputes could have been resolved by amending the accord to ensure that the provinces acquire their share of water, maintain transparency and prevent undesirable wastage.
The Indus River System Authority (IRSA), established with the Indus River System Authority Act in 1992 as the water regulator in Pakistan, was held responsible for the implementation of the Water Apportionment Accord to avoid water wastage.[16] The Authority was in charge of regulating and monitoring the water source distribution of the Indus River amongst Provinces in accordance with the Accord. The amendments proposed in 2017 by the National Assembly now require the IRSA to prepare an annual report by the end of each financial year.[17] At a recent meeting, the IRSA observed that the water shortage has turned worse to 38 per cent, while it was projected at 22 per cent earlier. The current water shortage negatively impacts Punjab and Sindh and affects the sowing of crops.[18] In this regard, CM Sindh alleged that the IRSA is not providing Sindh with the agreed water, causing a water shortage in the region. He blamed the federal government, which overlooked Sindh, thus causing undersupply of water. He also said that saline water had caused damage to crops.[19] The IRSA has also decided to stop water release from Indus to Punjab to meet the demand of lower riparian areas.[20]
Currently, the responsibility for the water and sanitation sector lies in the provincial government. Moreover, after the devolution process started in 2001, the Local Government Ordinances transferred part of the responsibility for water supply and sanitation services (WSS) to local governments.[21] Nevertheless, the sector of water, sanitation and hygiene (WASH) is governed by several national policies, including the 2006 National Sanitation Policy and the 2009 National Drinking Water Policy. In addition, since 2017, the Ministry of Water Resources has been tasked with the role of developing Pakistani water resources, overcoming the water shortage and providing a leading role in further national implementation.
National Water Policy (2018)
The first National Water Policy (NWP) on water was enacted in April 2018 by Pakistan’s Council of Common Interests. The Policy represents the first milestone in the government’s commitment – to build an efficient water management system at both the national and provincial levels and overcome the “looming water crisis”.[22] After around a decade of hesitation, the policy was unanimously approved by all four country provinces.
Section 27 of the policy, focusing on the current legal framework around the water sector, not only emphasises the need to implement the National Environmental Policy (2005) and the National Climate Change Policy (2012) but also expresses the need to review and update all water-related acts to eliminate overlaps.[23]
Section 29(5) of the policy established a new national institution – the National Water Council (NWC) – with a well-structured organisation and the responsibility to meet at least once a year to perform a range of functions. In addition, the Council must coordinate the implementation of the National Water Policy and the National Water Sector Strategy, recommend new legislation, policies and strategies for the water sector management, and plan water resources development and management activities.[24]
Among its measures, the policy provides for an increase in the country’s water storage capacity by building several dams. It also promotes the improvement of the country’s water infrastructure, the regulation of the over-abstraction of groundwater by establishing a Groundwater Authority in Islamabad and provincial water authorities in the four provinces, and a reduction of water demand, in particular from the agriculture sector.[25] Moreover, the policy identified the lack of adequate allocation in the Public Sector Development Programme for the water sector as the main reason for the current water crisis. In this regard, the policy recognised the need to increase the public sector investment to at least 10% in 2018-19 and 20% by 2030.[26]
Following the national steps, in December 2019, the province of Punjab enacted its own legislation to “comprehensively manage and regulate water resources [..] in the interest of conservation and sustainability”.[27] Given that Punjab is the biggest consumer of groundwater in the country, such legislation is extremely important to foster a profound change in managing groundwater in the province. Notably, the Act provides for the establishment of a Water Resources Commission, composed of 22 expert members, in charge of “securing the proper use of water resources” in the province.[28]
Criticism
The water management sector of Pakistan is still characterised by multiple institutional actors with overlapping responsibilities, thus leading to duplication of work.[29] Lack of clarity about different roles and responsibilities, coupled with lack of coordination, is the main reason for ineffective water governance and management.
Whereas exclusive legislation governing the matter at the national level has been recently enacted, along with specific legislation inprovinces (like Punjab), many criticisms can however be raised when assessing the current legal framework. It has been observed that the recent national policy is nothing but a “cut and paste work”, characterised by “incoherent, fragmented and inconsistent text”.[30] Moreover, several aspects of the national and provincial policy are, to date, still ineffective due to a lack of practical implementation. Little progress was, indeed, made to address the issue of groundwater’s excessive abstraction.[31] Likewise, although the 2019 Punjab Water Act provided for the establishment of the Water Resources Commission within six months, such an institution is not yet in place.[32] Lastly, it has also been pointed out that the national policy lacks a comprehensive and detailed plan on the final resources required to improve the water sector to meet the target set in the framework.
Conclusion
Although Pakistan has an extensive range of laws regulating the water sector, government mismanagement, lack of implementation and corruption prevented an effective administration. Clearly, if the Pakistani government continues to mismanage its water resources and is involved in the “blame game” or corruption, rather than correcting the flaws in its water governance system, the country will soon face grave consequences. It will not be long till death by dehydration becomes a norm within the Nation. As a consequence, the environment will holistically deteriorate as animals and plantations may die because of consuming polluted water. The economy may face a rising recession accompanied by rapidly increasing inflation. Pakistan needs to realise that the clock is ticking, and it is necessary for the government to act now. Any delays or procrastination will only worsen the situation and potentially place Pakistan in an irrecoverable state.
Pakistan needs to immediately start its journey to recovery. The best solution is to foster the robust functioning of the federal and provincial governments together to eradicate water wastage and increase Pakistan’s capacity to store consumable water.
Now, the government also needs to take the next step and strictly implement existing regulations. Effective implementation of the National Water Policy (NWP) 2018 alone may allow significant improvement. NWP’s implementation would mean that Pakistan will make more dams and reservoirs to store consumable water. This will decrease the possibility of flooding from the rain while increasing Pakistan’s current water storage capacity. NWP’s aim to eliminate duplication of work may allow effective delegation of responsibilities and make specific government authorities responsible for specific tasks. This would open the door for holding the responsible authority accountable and answerable, thus leading to better administration of the present resources.
Lastly, Pakistan should consider incorporating reusable water plants into its system. The plants would filter and treat used water to be consumed again. Indeed, countries like Singapore[33] have successfully reused water over the years and attained water security.
To sum up, Pakistan needs to act wisely and invest time in active governance of its current resources. Once the current resources are well managed and effectively administered, it should focus on expanding its storage capacity. All of this needs to be done now, or Pakistan will severely suffer in the years to come.
[1] Rutger Willem Hofste, Paul Reig, Leah Schleifer, ‘17 Countries, Home to One-Quarter of the World’s Population, Face Extremely High Water Stress’ (6 August 2019), available at <https://www.wri.org/insights/17-countries-home-one-quarter-worlds-population-face-extremely-high-water-stress>.
[2] Pakistan Council of Research in Water Resources, Annual Report 2020-2021, available at
<https://pcrwr.gov.pk/wp-content/uploads/2021/09/Annual-Report-2020-21.pdf>.
[3] Asad Hashim, ‘Parched for a price: Karachi’s water crisis’, 2017, available at
<https://interactive.aljazeera.com/aje/2017/parched-for-price/index.html>.
[4] Fact Sheet: The Indus Waters Treaty 1960 and the Role of World Bank (11 June 2018), available at <https://www.worldbank.org/en/region/sar/brief/fact-sheet-the-indus-waters-treaty-1960-and-the-world-bank>.
[5] Katherine Setlinger, ‘Water Scarcity and Agriculture’ (2022), available at <https://thewaterproject.org/water-scarcity/water-scarcity-and-agriculture>.
[6] ANI, ‘Pakistan Minister Moonis Elahi blames mismanagement for water shortage (23 March 2022), available at <https://www.aninews.in/news/world/asia/pakistan-minister-moonis-elahi-blames-mismanagement-for-water-shortage20220323230745/>.
[7] The Constitution of the Islamic Republic of Pakistan, Article 9, available at <https://www.pakistani.org/pakistan/constitution/>.
[8] Rameez Khan, ‘Know your rights: Drinking Water’ (23 September 2014), available at <https://tribune.com.pk/story/766353/drinking-water>.
[9] Sindth Institute of Urology and Transplantation vs. Nestle Milkpak Limited (20 November 2004), 2005 CLC 424 (Karachi High Court Sindh), available at <https://pakistanlaw.pk/case_judgements/50932/sindh-institute-of-urology-and-transplantation-versus-nestle-milkpak-limited>.
[10] Pat Bauer, ‘Indus Waters Treaty’, India-Pakistan (1960), available at <https://www.britannica.com/event/Indus-Waters-Treaty>.
[11] Daily Times, ‘India violates Indus water treaty; launches another hydropower project on River Chenab’ (9 May 2022), available at <https://dailytimes.com.pk/931815/india-violates-indus-water-treaty-launches-another-hydropower-project-on-river-chenab/>.
[12] Canal and Drainage Act, 1873 (Act VIII of 1873), available at http://punjablaws.gov.pk/laws/5.html>.
[13] The Water Apportionment Accord (1991), available at <http://pakirsa.gov.pk/WAA.aspx>.
[14] Syed Hamid Hussain Shah, Bagh Ali Shahid, ‘Irrigation Water Laws in Pakistan’ (2019), available at <https://tripleis.org/wp-content/uploads/2019/11/Irrigation-Water-Laws-in-Pakistan.pdf>.
[15] Mehreen Naushad, ‘The 1991 accord and water management’ (15 June 2021), available at <https://tribune.com.pk/story/2305227/the-1991-accord-and-water-management>.
[16] The Indus River System Authority (IRSA) Act No. XXII of 1992, available at <http://pakirsa.gov.pk/LegalProceedings.aspx>.
[17] Ibid.
[18] Israr Khan & Munawar Hasan, ‘Water shortage worse than expected: IRSA’, The News International (May 13, 2022), available at <https://www.thenews.com.pk/print/957315-water-shortage-worse-than-expected-irsa>.
[19] The Nation, ‘IRSA Not Providing Agreed Water: Wassan Tell French Envoy’ (19 May 2022), available at <https://nation.com.pk/2022/05/19/irsa-not-providing-agreed-water-wassan-tell-french-envoy/>.
[20] Fawad Yousafzai, ‘IRSA Decides to Stop Water Release To Punjab From Indus Zone’, The Nation (May 6, 2022), available at <https://nation.com.pk/2022/05/06/irsa-decides-to-stop-water-release-to-punjab-from-indus-zone/>.
[21] Alix Lerebours, Nicolas Villeminot, ‘WASH governance in support of NGO work: trends and differences from field studies’ (2017), available at <https://wedc-knowledge.lboro.ac.uk/resources/conference/40/Lerebours-2677.pdf>.
[22] Government of Pakistan, Ministry of Water Resources, ‘National Water Policy (NWP)’ (April 2018) section 29.1, available at <https://ffc.gov.pk/wp-content/uploads/2018/12/National-Water-Policy-April-2018-FINAL_3.pdf>.
[23] Ibid, section 27(1) and 27(2).
[24] Ibid, section 29(5).
[25] Ibid.
[26] Ibid, section 28(10).
[27] The Punjab Water Act (Act XXI of 2019), available at <http://punjablaws.gov.pk/laws/2743.html>.
[28] Ibid, para 4.
[29] Rachel Cooper, ‘Water management/governance systems in Pakistan’ (20 November 2018), available at <https://assets.publishing.service.gov.uk/media/5c6c293140f0b647b35c4393/503_Water_Governance_Systems_Pakistan.pdf>.
[30] The Third Pole, ‘Pakistan’s first national water policy – historic or mere electioneering?’ (8 May 2018), available at <https://www.thethirdpole.net/en/energy/pakistans-first-national-water-policy-historic-or-mere-electioneering/>.
[31] Ibid.
[32] The Third Pole, ‘Opinion: Who owns groundwater in water-stressed Pakistan’ (12 July 2020), available at < https://www.thethirdpole.net/en/climate/opinion-who-owns-groundwater-in-water-stressed-pakistan/>.
[33] Climate adaptation Platform, ‘Water Reuse for Singapore’s Circular Economy and Sustainability’ (3 December, 2020), available at <https://climateadaptationplatform.com/water-reuse-singapore-circular-economy-and-sustainability/>.
Bibliography
Case Law
Sindth Institute of Urology and Transplantation vs. Nestle Milkpak Limited (20 November 2004), 2005 CLC 424 (Karachi High Court Sindh), available at <https://pakistanlaw.pk/case_judgements/50932/sindh-institute-of-urology-and-transplantation-versus-nestle-milkpak-limited>.
International Treaties
Pat Bauer, ‘Indus Waters Treaty’, India-Pakistan (1960), available at <https://www.britannica.com/event/Indus-Waters-Treaty>.
National Legislation
Canal and Drainage Act, 1873 (Act VIII of 1873), available at http://punjablaws.gov.pk/laws/5.html>.
Government of Pakistan, Ministry of Water Resources, ‘National Water Policy (NWP)’ (April 2018), available at <https://ffc.gov.pk/wp-content/uploads/2018/12/National-Water-Policy-April-2018-FINAL_3.pdf>.
The Constitution of the Islamic Republic of Pakistan, Article 9, available at <https://www.pakistani.org/pakistan/constitution/>.
The Indus River System Authority (IRSA) Act No. XXII of 1992, available at <http://pakirsa.gov.pk/LegalProceedings.aspx>.
The Punjab Water Act (Act XXI of 2019), available at <http://punjablaws.gov.pk/laws/2743.html>.
The Water Apportionment Accord (1991), available at <http://pakirsa.gov.pk/WAA.aspx>.
Online Resources
Alix Lerebours, Nicolas Villeminot, ‘WASH governance in support of NGO work: trends and differences from field studies’ (2017), available at <https://wedc-knowledge.lboro.ac.uk/resources/conference/40/Lerebours-2677.pdf>.
ANI, ‘Pakistan Minister Moonis Elahi blames mismanagement for water shortage (23 March 2022), available at <https://www.aninews.in/news/world/asia/pakistan-minister-moonis-elahi-blames-mismanagement-for-water-shortage20220323230745/>.
Asad Hashim, ‘Parched for a price: Karachi’s water crisis’, 2017, available at
<https://interactive.aljazeera.com/aje/2017/parched-for-price/index.html>.
Climate adaptation Platform, ‘Water Reuse for Singapore’s Circular Economy and Sustainability’ (3 December, 2020), available at <https://climateadaptationplatform.com/water-reuse-singapore-circular-economy-and-sustainability/>.
Daily Times, ‘India violates Indus water treaty; launches another hydropower project on River Chenab’ (9 May 2022), available at <https://dailytimes.com.pk/931815/india-violates-indus-water-treaty-launches-another-hydropower-project-on-river-chenab/>.
Fact Sheet: The Indus Waters Treaty 1960 and the Role of World Bank (11 June 2018), available at <https://www.worldbank.org/en/region/sar/brief/fact-sheet-the-indus-waters-treaty-1960-and-the-world-bank>.
Fawad Yousafzai, ‘IRSA Decides to Stop Water Release To Punjab From Indus Zone’, The Nation (May 6, 2022), available at <https://nation.com.pk/2022/05/06/irsa-decides-to-stop-water-release-to-punjab-from-indus-zone/>.
Katherine Setlinger, ‘Water Scarcity and Agriculture’ (2022), available at <https://thewaterproject.org/water-scarcity/water-scarcity-and-agriculture>.
Israr Khan & Munawar Hasan, ‘Water shortage worse than expected: IRSA’, The News International (May 13, 2022), available at <https://www.thenews.com.pk/print/957315-water-shortage-worse-than-expected-irsa>.
Mehreen Naushad, ‘The 1991 accord and water management’ (15 June 2021), available at <https://tribune.com.pk/story/2305227/the-1991-accord-and-water-management>.
Rutger Willem Hofste, Paul Reig, Leah Schleifer, ‘17 Countries, Home to One-Quarter of the World’s Population, Face Extremely High Water Stress’ (6 August 2019), available at <https://www.wri.org/insights/17-countries-home-one-quarter-worlds-population-face-extremely-high-water-stress>.
Pakistan Council of Research in Water Resources, Annual Report 2020-2021, available at
<https://pcrwr.gov.pk/wp-content/uploads/2021/09/Annual-Report-2020-21.pdf>.
Rachel Cooper, ‘Water management/governance systems in Pakistan’ (20 November 2018), available at <https://assets.publishing.service.gov.uk/media/5c6c293140f0b647b35c4393/503_Water_Governance_Systems_Pakistan.pdf>.
Syed Hamid Hussain Shah, Bagh Ali Shahid, ‘Irrigation Water Laws in Pakistan’ (2019), available at <https://tripleis.org/wp-content/uploads/2019/11/Irrigation-Water-Laws-in-Pakistan.pdf>.
The Nation, ‘IRSA Not Providing Agreed Water: Wassan Tell French Envoy’ (19 May 2022), available at <https://nation.com.pk/2022/05/19/irsa-not-providing-agreed-water-wassan-tell-french-envoy/>.
The Third Pole, ‘Opinion: Who owns groundwater in water-stressed Pakistan’ (12 July 2020), available at < https://www.thethirdpole.net/en/climate/opinion-who-owns-groundwater-in-water-stressed-pakistan/>.
The Third Pole, ‘Pakistan’s first national water policy – historic or mere electioneering?’ (8 May 2018), available at <https://www.thethirdpole.net/en/energy/pakistans-first-national-water-policy-historic-or-mere-electioneering/>.
Authors
Esha Amer, Research Assistant, RCIL & HR (eshaamer@yahoo.com)
Mahbano Kazmi, Research Assistant, RCIL & HR (mahbanokazmi@gmail.com)
Sara Ciucci, Research Assistant, RCIL & HR (sara.ciucci3@gmail.com)