Indus Waters Treaty abeyance puts millions at risk, UNHRC event warns

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Experts at a Geneva event warned that India’s decision to place the Indus Waters Treaty in abeyance could threaten water security, agriculture, livelihoods and human rights for millions in the Indus Basin. The Permanent Court of Arbitration has said the treaty remains in force, while India rejects the arbitration process and Pakistan cites the ruling in support of its position.

UNITED NATIONS: India’s decision to place the Indus Waters Treaty (IWT) in abeyance has raised concerns over the water security, agriculture and livelihoods of millions of people dependent on the Indus Basin, as the six-decade-old agreement faces one of its most serious challenges. The concerns were discussed on Friday, Oct 2, at a side event held in Geneva on the margins of the 63rd session of the UN Human Rights Council. The Council’s current session is being held from Sept 7 to Oct 7. The event, titled “Water Justice and Climate Resilience: Advancing Transboundary Cooperation in South Asia and the Middle East,” brought together legal experts, researchers, diplomats, practitioners and civil society representatives to discuss international water law, human rights, climate resilience, environmental justice and management of shared rivers. “Trans-boundary Water Challenges in South Asia” was among the principal themes, with particular attention to the Indus River system and the legal and institutional framework governing shared waters. The Permanent Court of Arbitration (PCA), which administers the proceedings over the IWT, has determined that the treaty remains in force despite India’s decision to place it in abeyance. India has rejected the arbitration process, while Pakistan has cited the court’s order as supporting its position that the agreement remains effective. Rashida Abbas, founder of the Hydro-Justice Student Research & Policy Fellowship and a PhD candidate at the University of Geneva, addressed the South Asian dimension of the discussion, focusing particularly on the Indus system. Abbas said rivers should not be viewed solely as matters between states because their consequences are experienced directly by people and communities. “Rivers are not experienced only by states,” Abbas said. “They are experienced by people.” She linked water governance with human rights, noting that decisions concerning rivers can affect drinking water, agriculture, livelihoods, communities and health. Abbas argued that the future management of South Asia’s shared waters should be based on law, dialogue, science, functioning institutions and justice. She also stressed that trans-boundary agreements should not become optional when relations between states deteriorate. The discussion addressed concerns about using shared water resources as instruments of political pressure. Abbas highlighted the interests of downstream communities and the need for legal frameworks to protect their water security and human rights. Other speakers placed the Indus dispute within a broader discussion of trans-boundary water challenges. Majid Hawi Alwan addressed geopolitical pressures surrounding shared water systems in arid regions, including the Gulf and wider Middle East. His contribution focused on regional approaches in which water security is treated as a shared necessity rather than an instrument of unilateral leverage. Seraina Eldada brought a mediation and diplomacy perspective, examining the institutional design of transboundary water arrangements and the role of third-party mediation and permanent mechanisms in resolving disputes. Harmayn Mujahid, a legal scholar and fellowship coordination officer, linked water insecurity with human rights concerns. The discussion considered how changing river patterns and climate-related stress can affect vulnerable communities and why questions of equity need to be considered alongside state sovereignty in international water law. Tahir Mahmood addressed the relationship between resource scarcity and security, including risks associated with water-related tensions in regions already affected by political and territorial disputes. He also discussed prevention and resilience in the context of what he described as “hydro-terrorism.” The contributors noted that shared river systems face increasing pressure from climate change, population growth, environmental degradation and rising demand for freshwater. For Pakistan, the Indus Basin is particularly significant because its waters support agriculture, food production and millions of livelihoods. The river system has sustained human settlements in the region for thousands of years. The Geneva discussion placed the current India-Pakistan dispute within a wider question of whether institutions governing shared rivers can continue to function during periods of political tension. The PCA award represents a significant development in the legal proceedings, but it has not resolved the underlying political disagreement between India and Pakistan. The award and the separate order concerning interim measures, however, remain on the PCA’s official record. The Geneva meeting underscored the importance of maintaining established mechanisms for dialogue and dispute resolution as countries sharing vital water resources confront both political tensions and growing environmental pressures.