Orphan River Water management of the Kabul River Basin in Afghanistan and Pakistan Imprint Chief editors: Marketa Hulpachova, Alex Macbeth Consulting editor: Klomjit Chandrapanya Afghanistan editor: Fareedoone Aryan Afghanistan contributors: Qarib Rahman Shahab, Storay Karimi, Zianullah Stanikzia, Zarwali Khoshnood, Haqmal Masoodzai, Shakib Shams, Khalil Rahman Omaid All contributors to this report are members of the project afghanistan-today.org, a platform for news, features and photography. Orphan River is a publication by MiCT gGmbH. Media in Cooperation and Transition (MiCT) Brunnenstrasse 9, 10119 Berlin, Germany www.mict-international.org Pakistan contributors: Wisal Yousafzai, Asad Zia, Hayat Kakar, Abdul Qayum Afridi, Moeen Mandokhiel, Farid Shinwari This report has been produced by MiCT, as part of training on trans-boundary water management in Afghanistan and Pakistan. The training was conducted by MiCT and funded by Shared Waters Partnership – a mechanism implemented through the UNDP Water Governance Facility at Stockholm International Water Institute (SIWI). Photography: Aref Karimi, Aftab Ahmad Copyright © MICT 2015 Pakistan editor: Abdur Razzaq Design: Gunnar Bauer Empowered lives. Resilient nations. Table of contents 5 Introduction 6 Water governance in Afghanistan and Pakistan 8 Traditional water management 9 The Kabul River 10 Unchartered waters 12 Chitral glaciers and frozen conflict 13 Troubled waters: A timeline of Afghanistan’s regional collaboration 14 The trans-boundary conundrum 14 Precedents for collaboration 16 Recommendations 6 Afghan Water Law 7 Pakistan Water Law 11 Baluchistan’s orphan rivers 15 Iran and the Helmand River 15 Treaty with Tajikistan Water security in numbers Each Afghan household is entitled to 5 cubic metres of water a day (AFGHAN WATER LAW) 21 billion cubic metres of water flow to Pakistan every year Only 5 billion cubic metres are utilised in Afghanistan 1.2 billion cubic metres of water are wasted (NAEEM TOKHI, HEAD OF HYDROLOGY AND ENGINEERING, AFGHAN MINISTRY OF ENERGY AND WATER) 32.3 million cubic metres of water are needed to sustain 5 million people in the city of Kabul Kabul has a storage capacity of 29.6 million cubic metres of water There is a deficit of 2.7 million cubic metres of water Kabul’s population has since jumped from 5 to 7 million people Afghanistan’s total groundwater and surface water potential is 75 billion cubic metres of water per year (JAPAN INTERNATIONAL COOPERATION AGENCY) 4 “Effective management of Afghanistan’s waters would create 8 million jobs.” PRESIDENT ASHRAF GHANI (OFFICE OF THE PRESIDENT OF AFGHANISTAN 2015) Khyber Pakhtunkhwa can legally use enough water to irrigate 8.78 MAF (Million Acre Feet) per year Between 1.2 and 1.3 MAF are wasted because of mismanagement (IRRIGATION DEPARTMENT, PAKISTAN’S KHYBER PAKHTUNKHWA PROVINCE) A t least seven major rivers bend their course between the sinuous rocks of the Hindu Kush that divide Afghanistan and Pakistan, watering plains and sustaining life on both sides of the border. Yet it is the 480-kilometre trench Pakistan built between the two countries in 2014, reportedly to stem growing insurgency, which often grabs all the headlines. In the crosshairs of the War on Terror, common watercourses are often forgotten. Regional overview The area around the 2,600 kilometre border between Afghanistan and Pakistan has historically stood outside mainstream political order. The region is home to at least 30 groups of militants whose attacks on dams, roads and electricity lines impede the economic progress of Afghan frontier provinces. In Pakistan, the 4.5 million residents of the semi-autonomous Federally Administered Tribal Areas (FATA) are still governed by a colonial document from 1901, which prohibits the right to appeal or the right to found a media organisation. 1 The FAO measures the pressure on national water resources by calculating water withdrawal as a percentage of total renewable water resources (TRWR). Pakistan’s water pressure amounts to a staggering 74 percent, compared with India at 34 percent and Afghanistan at 31 percent. The country is expected to become “water scarce” by 2035. Afghanistan and Pakistan have no treaty to jointly administer their trans-boundary waters. The Kabul River is the most developed and utilised common water resource and is a vital hydroelectric artery for both countries’ future. While the river basin is neither Afghanistan’s largest nor the most voluminous, it sustains the most human lives. Some 23 per cent of the Afghan population, more than 7 million people of mainly Pashtun origin, live in the Kabul River Basin. On the Pakistani side of the basin, the Kabul River flows through mountainous frontier communities that lack the infrastructural 5 and water-governance benefits of the interior. Pakistan’s level of water stress is more than twice that of Afghanistan or India, according to the United Nations Food and Agriculture Organisation (FAO).1 In this Pashto-speaking region, kinship networks and tribal allegiances are a stronger political force than state institutions. Nomads, smugglers and Taliban operatives regularly cross the boundary between Afghanistan and Pakistan without encountering a border checkpoint. Natural disasters and government efforts to crack down on militants have displaced millions of people on both sides of the border. (The most recent offensive by the Pakistani military in June 2014 to drive out insurgent groups displaced 800,000 people in North and South Waziristan, two of seven ‘agencies’ in FATA.) Within the Kabul River Basin, melting glaciers in eastern Afghanistan give rise to fast-flowing rivers that, if properly developed, could provide war and poverty-stricken communities with a key source of energy and irrigation. Pashtuns in Afghanistan and Pakistan share a common culture and at least seven rivers, yet governments in both Kabul and Islamabad continue to plan their respective Water Sector Strategy (WSS) unilaterally, without consultation with the basin partner. Both governments’ negligence is devastating to communities living near the border, where water is already scarce. Afghanistan is building dams on the Kunar and Kabul rivers that will affect its downstream basin-partner, Pakistan: Islamabad, in turn,is building its own water storage and hydroelectric projects on the Kabul River and its tributaries, without the consultation of Afghanistan. A decade of animosity between the two neighbours had broken down any hope of talks on water until recently. The lack of common resources makes nascent dialogues even harder: In most Afghan or Pakistani maps, the Kabul River and its tributaries simply disappear when they meet the border. In many Afghan border provinces, data on tributaries does not exist. Pakistan has data on the Kabul River, but not of tributaries that flow into the autonomous region of FATA. It does not share data on the Kabul River with any ministries in Afghanistan. Provincial governments in border areas do not exchange hydrological data or meet with their trans-boundary counterparts to discuss water-related issues, according to our investigations in Paktia, Khost and Kunar provinces in Afghanistan and Baluchistan and Khyber Pakhtunkhwa in Pakistan. Water governance in Afghanistan and Pakistan Afghan Water Law The legal basis for water management in Afghanistan is the Water Law, which came into effect in 2011. Lauded by the international community as an important step towards the development of a coherent water management strategy, the Water Law declares adherence to “all international laws and regulations regarding domestic and transboundary waters.” Water distribution, management, development and administration is the responsibility of the Supreme Council of Land & Water, regional river basin councils, and the National Environment Protection Agency (NEPA). Eight government ministries are involved in various aspects of water management, but the Ministry of Energy and Water (MEW) and the Ministry of Agriculture, Irrigation and Livestock (MAIL) have a senior role in the management and development of large water resources and the establishing of water usage norms, respectively. The Afghan Water Law creates a complicated structure for handling trans-boundary water-sharing issues, which requires the cooperation of four ministries. The management of trans-boundary disputes falls under the jurisdiction of MEW, but the Ministry of Foreign Affairs (MFA), the Ministry of Interior Affairs (MoIA) and the Ministry of Borders, Nations and Tribal Affairs assists the MEW in the drafting of treaties, agreements and memorandums of understanding. In the Afghan political context, involving this many stakeholders in any potential shared-waters agreement with Pakistan complicates the consensus-building process on a domestic level. The power-sharing agreement between President Ashraf Ghani ADMINISTRATION OF WATER IN AFGHANISTAN and Chief Executive Officer Abdullah Abdullah has further impeded decision making: Due to deadlock between the two interest groups represented by Ghani and Abdullah, most members of the Afghan Cabinet have only been in office since April 2015. Like most other ministries, the MEW, now headed by Ali Ahmad Osmani, lacked new leadership for the first six months of the Ghani Administration. Despite these challenges, the amendment to the Afghan Water Law on Trans-boundary Water, approved by the Afghan Cabinet in early October 2015, represents a breakthrough. By requiring all national stakeholders to present a unified stance on water-related issues in international negotiations, the amendment provides the necessary legal framework for cross-border discussions on water sharing and the resolution of bilateral disputes. PRESIDENT TECHNICAL COMMITEE MINISTRY OF FRONTIERS, NATIONS & TRIBAL AFFAIRS MINISTRY OF RURAL REHABILITATION & DEVELOPMENT MINISTRY OF AGRICULTURE, IRRIGATION & LIVESTOCK SUPREME COUNCIL OF LAND & WATER MINISTRY OF HEALTH MINISTRY OF URBAN DEVELOPMENT AFFAIRS NATIONAL ENVIRONMENTAL PROTECTION AGENCY (NEPA) MINISTRY OF ENERGY & WATER 34 PROVINCIAL ADMINISTRATIONS DEPUTY MINISTER OF WATER 5 RIVER BASINS CHIEF OF POLICY 34 SUB-BASINS LOCAL WATER USERS ASSOCIATIONS 6 MINISTRY OF FOREIGN AFFAIRS (TRANS-BOUNDARY & INTERNATIONAL AGREEMENTS) DIRECTOR OF WATER MANAGEMENT MONITORING & SAFETY Pakistan Water Law Water management in Pakistan falls under the jurisdiction of the Water and Power Development Authority (WAPDA), a department within the Ministry of Water and Power. WAPDA formulates plans for the construction of large water storage facilities based on data collected by the Indus River System Authority (IRSA), a seminal structure set up in 1992 to arbitrate water-sharing disputes among Pakistan’s four provinces: Sindh, Punjab, Baluchistan and Khyber Pakhtunkhwa. IRSA’s primary role is to implement the 1991 Water Apportionment Accord. The agreement gives the border province of Khyber Pakhtunkhwa the right to irrigate 5.28 Million Acre Feet (MAF) with Indus River Basin water during the «Harib» season (April-September) and 3.5 million MAF during the «Rabi» season (October-March). ADMINISTRATION OF WATER IN PAKISTAN A separate legal structure governs water management in the Federally Administered Tribal Areas (FATA), whose rivers fall outside the jurisdiction of the Indus River Basin Authority. Instead, they are managed directly by the federal government via the Ministry of States, Frontiers and Regions (SAFRON) and its local branch, the FATA secretariat. Unlike IRSA member provinces, the FATA irrigation department does not regularly provide data to the federal government. MINISTRY OF WATER & POWER WATER & POWER DEVELOPMENT AUTHORITY (WAPDA) INDUS RIVER SYSTEM AUTHORITY (IRSA) SINDH IRRIGATION DEPARTMENT PUNJAB IRRIGATION DEPARTMENT KHYBER PAKHTUNKHWA IRRIGATION DEPARTMENT BALUCHISTAN IRRIGATION DEPARTMENT DEPARTMENT OF HYDROLOGY ADMINISTRATION OF WATER IN FEDERALLY ADMINISTERED TRIBAL AREAS (FATA) MINISTRY OF STATES & FRONTIER REGIONS (SAFRON) MINISTRY OF STATES & FRONTIER REGIONS (SAFRON) WAPDA WAPDA FATA SECRETARIAT FATA SECRETARIAT FEDERAL FLOOD COMMISSION FEDERAL FLOOD COMMISSION IRRIGATION DEPARTMENT IRRIGATION DEPARTMENT 7 Traditional water management In their efforts to streamline water management policy on a national level, the governments of both Afghanistan and Pakistan must reckon with the existence of traditional irrigation networks governed by Islamic edicts that dovetail with modern conceptions of equity in water distribution. In Pakistan, a system of fixed turns, or warabandi, gives farmers access to irrigation water on a rotating basis. The total irrigation time allotted to each farmer is proportional to the size of the land he owns. An estimated 90 per cent of Afghanistan’s irrigation is still managed by a parallel system of “community-based mirab schemes, which are independent of broader national or regional arrangements and limited in their efficiency,” according to a 2010 report by the EastWest Institute. 8 Rural communities on both sides of the border still rely on old systems of underground aqueducts (kareez or qanats). Most of these systems have been damaged by war, the unregulated drilling of wells, pollution and the effects of climate change. As much as 70 per cent of kareez in Afghanistan are obsolete, and 85 per cent of shallow wells have dried up due to a lower rate of groundwater recharge, according to MEW estimates. The degradation of the kareez has displaced rural populations in both Afghanistan and Pakistan, with grave security implications in both countries. “The breakdown in the karez (sic)based social capital is, in fact, creating armies of young people outside of community structures. This social disintegration runs the risk of contributing foot soldiers for assorted insurgent outfits in the region,” according to a 2013 United States Institute of Peace report. To mitigate rent-seeking behaviour by large landowners, Pakistan recently pioneered a new strategy: while the management of large water sources remained centralized, lawmakers sought to bring a fair degree of responsibility back to the local level through the formation of water users associations, requiring farmers to pool all resources needed to operate irrigation systems. The current Afghan government also recognizes the integral role traditional water networks play in the country’s water distribution policy. In a June 2015 meeting of the Supreme Council of Land and Water, President Ghani called them the “most efficient distribution system” and stressed preservation and restoration as priorities. By 2011, the European Union funded the establishment of 95 water users associations in Afghanistan. The Kabul River The Kabul River is approximately 700 kilometres long and for 560 kilometres its trajectory carries it through Afghanistan, where it constitutes 26 per cent of the total water sources available in the country. It is the landlocked nation’s most populated river basin and supports not only the capital but several other major urban centres in the east. More than seven million people live in the Kabul River Basin: besides drinking water, its resources are used for sanitation, industry, agriculture and power generation. Dozens of large and small hydroelectric dams are in operation in the river basin both sides of the border. Pakistan has both upstream and downstream rights on the watercourse. The Kabul River rises in the Sanglakh Range in the Hindu Kush, 72 kilometres west of Kabul. It flows east through Afghanistan’s capital Kabul and then the city of Jalalabad, before crossing the border into Pakistan. The Logar, Panjshir, Kunar, Alingar, Bara and Swat are all tributaries. At least half a dozen other rivers and seasonal bodies of water are grouped in the Kabul River Basin, including the Shamil/Kaitu, the Kurram and the Gomal. The Kabul River flows through approximately 140 kilometres of Pakistan before joining the Indus at Attock, southeast of Peshawar. Chitral AF PK Kabul Jalalabad Charsadda AF PK Peshawar 9 Unchartered waters Despite the vital role it plays in the livelihood of millions, there is a dearth of hydrological data on the river and its basin. The last study on pollution in the Kabul River was conducted by the Pakistan Council of Scientific and Industrial Research and was published in 1999. The Khyber Pakhtunkhwa Irrigation Department, which administers the Kabul River in Pakistan on behalf of the Indus River System Authority, collects data at different points on the river every day and shares it with the IRSA’s national office once a month. Such data has not been shared with Afghanistan in the last two decades, according to officials interviewed. Three decades of conflict have impeded Afghanistan’s capacity to produce accurate hydrological data, although more than 100 weather stations have been installed in river basins around Afghanistan since 2008, according to Amarkhail Luftullah, an official with the Afghan Ministry of Energy and Water (MEW). At least 26 of these weather stations are in operation on the Kabul River. Afghanistan plans to share this data with Pakistan, according to a source at MEW, who was privy to recent bilateral meetings between the two countries. 10 CROSS-BORDER TRIBUTARIES PAKTIA AF In Pakistan, Awal Hassan Dawar, an assistant director at the Hydropower Department at FATA secretariat, said the Kurram River had a potential to irrigate 84,380 acres. Canals have been built to divert the river, and protection walls exist to protect cultivated land and houses, according to Dawar. PK KURRAM GHAZNI PK AF PK SOUTH WAZIRISTAN AF PK PAKTIKA KURRAM Rising in the mountains of the Afghan border province of Paktia, the Kurram River flows southeast to cross the border into Pakistan’s Kurram Agency, the most mountainous region of FATA. Paktia Province suffers from seasonal droughts and floods, and lacks the irrigation systems to exploit its fertile land. About 87 per cent of the Kurram River’s surface water flows out of Paktia to Parachinar, the capital of Kurram Agency and the largest population centre in FATA, says Engineer Zabiullah Hassanzoi, head of Paktia’s provincial Department of Agriculture. The planned construction of Machalgho Dam, a $32 millionproject financed by the Asian Development Bank (ADB) and located 28 km north of Paktia’s provincial capital, seeks to meet the energy and irrigation needs of east Afghan communities, but funding shortages and Taliban attacks have dampened progress. AF PK GOMAL A second important cross-border river in the region, the Gomal, rises in Ghazni Province in Afghanistan and traverses Paktika Province before crossing into Pakistan, where it serves as a major irrigation source for South Waziristan Agency. The USAID-funded Gomal Zam irrigation system is used to cultivate the Gomal Valley in Khyber Pakhtunkhwa. FLASHPOINTS AF PAKTIA PK NORTH WAZIRISTAN AF PK SHAMIL-KAITU The mountains of Paktia also house the source of the Shamil River (called Kaitu in Pakistan), which meanders through Afghanistan’s Khost Province and crosses the border into the agency of North Waziristan, where it converges with the Kurram River at Spinwam. On the Afghan side, the Kurram-Shamil Sub-Basin Council lacks adequate data to assess river flows, which are prone to seasonal fluctuation. The central government has provided local authorities with information about the Afghan Water Law and international frameworks, but the sub-basin council lacks the equipment and knowhow to adequately collect data, says director Mohammad Nasim Karimi. In Pakistan, the Khurram Tangi Dam, an $81-million construction project funded by USAID, will have the hydro-power generation capacity of 83.4 MW. Together, the Gomal Zam and Khurram Tangi dams are expected to provide flood control and year-round irrigation to more than 500,000 acres of cultivable farmland in the province of Khyber Pakhtunkhwa. The lack of a trans-boundary agreement has prevented Afghan and Pakistani institutions from commissioning large-scale dam construction on the Kurram, Gomal and Shamil rivers. Despite its agricultural potential, Paktia Province remains prone to floods and droughts due to lack of water management infrastructure. In FATA, farming communities rely on outdated and underdeveloped irrigation systems. Clashes over the usage of these channels have occasionally erupted since the 1940s, “usually between Sunni and Shi’a communities,” says Mohammad Rehan, a resident. Regional political tensions have also impeded water-sector development in the Khost Province of Afghanistan, whose farmers mostly rely on traditional irrigation systems or modern channels that are over 50 years old. Feasibility studies for dams and canals were completed between 1987 and 1992, according to Kurram-Shamil Sub River Basin Council Director Mohammad Nasim Karimi, but never realised due to an intervention by Pakistan-affiliated interest groups during the Afghan Civil War. Although cross-border interactions between Afghan and Pakistani provinces have been limited, both sides stand to benefit from improved mutual ties. Effective water management has the potential to transform Paktia, whose fertile soil makes the province ideal for corn, rice and potato cultivation, into a regional breadbasket. Meanwhile, border provinces in Pakistan stand to gain clout in cross-border energy security discussions. During the government of Pervez Musharraf, Pakistan initiated a cross-border dialogue to export power generated by planned dams in FATA to energy-deprived communities in Afghanistan. A 2005 meeting between the governors of Khost and Khyber Pakthtunkhwa set a precedent for provincial-level dialogue on regional energy and water security. Shared customs, language and heritage make trans-boundary cooperation between local 11 governments tangible. Tribal elders knowledgeable about traditional water sharing systems support informal cross-border collaboration among rural communities. Kurram Agency elder Umar Khan says communities in Paktia and Kurram Agency already communicate regarding water-security issues. He emphasizes the need for a treaty between Islamabad and Kabul “to have peaceful relations on both sides of the border.” BALUCHISTAN’S ORPHAN RIVERS Several trans-boundary tributaries of the Kabul River form a delta in the Pakistani province of Baluchistan, where they meet other tributaries from the Eastern Helmand Basin. Most of these rivers are seasonal bodies of water that nevertheless sustain hundreds of thousands of people both sides of the mountainous border for several months every year, often alleviating deadly droughts. The Pishin Lora and its tributaries the Gori, the Tash Robat, the Kadanai, the Khaisar and the Kurdana all flow to or from the arid Afghan provinces of Kandahar, Zabul and Paktika and the Pakistani province of Baluchistan. Baluchistan also shares the Kand, Kundar, Jujroi Killi, Turwa, Tirkha, and Abdul Wahab rivers with bordering Afghan provinces. Despite such a wealth of shared waters, an official with Baluchistan’s irrigation department, Khalid Iqbal, says no data is collected on the dozen seasonal rivers and therefore none can be shared with Afghan counterparts across the border. “There is no mechanism or department to control the flow of water from Afghanistan,” says Iqbal, adding that the government has no official facilities to store water for drought prevention. NGOs and community water associations are the only visible management structures in the absence of state capacity. “Large amounts of water are wasted due to the unavailability of dam storage facilities,” says Mumtaz Haider, of the International Union for the Conservation of Nature’s office in Baluchistan. Naqibullah Kakar, a social worker in the district of Pishin, namesake of the Pishin Lora that flows through it, says community-level storage strategies can yield extremely productive harvests in the fertile region. Small dams built by the community with donor support collect seasonal rainwaters and store seasonal waters from the Pishin Lora, allowing farmers to grow staple crops year-round. AF Quetta PK BALUCHISTAN AF PK Chitral glaciers and frozen conflict PK Chitral AF PK In late July 2015, Glacial Lake Outburst Floods (GLOF) washed away villages, access roads and infrastructure in Chitral, killing at least 36 people. The floods destroyed more than 700 homes, 43 roads and 70 bridges in July 2015, according to the Khyber Pakhtunkhwa Provincial Disaster Management Authority report. On 15-19 July 2015, Glacial Lake Outburst Floods (GLOF) hit the district of Chitral in northwestern Pakistan, causing widespread panic and destruction. 36 people killed 653 houses destroyed 27 roads and 93 bridges damaged $13 million: estimated total damages Thousands of people were displaced and the total damages caused were estimated to be 1.4 billion rupees ($13 million). In Chitral and surrounding areas, the floods disrupted over 300,000 people’s access to drinking water and basic services, according to the District Administration Chitral District Disaster Management Unit (DDMU). SOURCE: DISTRICT DISASTER MANAGEMENT UNIT (DDMU), CHITRAL. PROVINCIAL DISASTER MANAGEMENT AUTHORITY (PDMA), KHYBER PAKHTUNKHWA. 12 The Chitral River originates from glaciers in northwestern Pakistan, 16,000 feet above sea level. The river flows for nearly 500 kilometres through the mountainous Chitral Valley, where it is joined by 35 or so tributaries, before crossing the border at Arandu and flowing into the Kunar River in Afghanistan. An Early Flood Warning System (EFWS) and protective walls have not yet been established in Chitral Valley, which lies at the feet of over 3,000 glaciers threatened by climate change. The only safeguard protecting residents from seasonal flash floods are “human resources” from the Wildlife Department who observe the glaciers. All data in Chitral is collected and stored manually, “as the department does not have a computerised data collection system,” says Akhtar Rasheed, executive engineer at the irrigation department in Chitral. Rasheed says the provincial Khyber Pakhtunkhwa government has set aside 8 billion rupees ($75.7 million) for flood protection in the disaster-prone border province, of which he estimates 1.2 billion ($11.3 million) will be spent by June 2016 in Chitral on “protective walls” and removing silt carried downstream by the floods. The irrigation department official says EFWS, which is installed in 30 different areas in Khyber Pakhtunkhwa, would not work in Chitral because of the “intensity of the floods.” An official at the Meteorological Department of Khyber Pakhtunkhwa suggested the installation of sophisticated technology to permanently monitor the temperature of melting glaciers. Floods ignore borders The floods in Chitral also claimed lives and deracinated communities across the border in Kunar and downstream in Nangarhar Province, especially in Kama District. The lack of a water treaty, a water-sharing mechanism or a platform for collaboration between Afghanistan and Pakistan means authorities in Chitral and in Kunar have no way to work together towards a joint flood-damage prevention strategy. Afghan officials recently participated in the International GLOF Conference titled ‘Learning and Way Forward’ on October 14-15, 2015 in Islamabad, Pakistan. The conference was convened and hosted by the Ministry of Climate Change and UNDP-Pakistan under the Pakistan GLOF Project. Dr. Mohammad Wasim Iqbal, advisor to the Afghan Ministry of Energy and Water, represented Afghanistan. Troubled waters: A timeline of Afghanistan’s regional collaboration 1873 The Frontier Agreement between British-administered Afghanistan and Russia 1921 Agreement between British Empire and Afghan government on navigation rights on the Kabul River 1933-34 1946 Treaty between the government of the USSR and the Royal Government of Afghanistan concerning the regime of the Soviet Afghan state-frontier 1973 Helmand River Treaty signed with Iran. One of only two existing water-sharing agreements Afghanistan has with any of its neighbours Afghanistan sent a delegation to Tashkent in Uzbekistan to negotiate a water treaty with the former Soviet republic. Disagreements over water allocation on the Amu Darya led to a collapse of the discussions 1992 Almaty Agreement on Aral Sea Basin excludes Afghanistan from co-management 2000 Iran and Turkmenistan sign bilateral agreement on dam construction on Hari Rud, without consulting with Kabul, a stakeholder in the basin 2003 Pakistan Flood Commission leads nine-man technical team to Kabul 13 2005 A Pakistani delegation from WAPDA visited Khost for discussions with the provincial government regarding the restoration of a hydro-electri plant on the Shamil/Kaitu River 2006 World Bank intervention fails to secure a trans-boundary riparian agreement between Afghanistan and Pakistan 2009 Afghanistan only obtains observer status in the International Fund for Saving the Aral Sea, despite being the second largest contributor in terms of water and having the third largest population density of all eight countries in the Aral Sea Basin 2009 Islamabad Declaration mentions regional collaboration as key for peace but no concrete steps towards a draft treaty have yet been taken 2010 Afghanistan and Tajikistan sign Afghan Tajik Bilateral Water Cooperation Agreement 2013 Afghan and Pakistani finance ministers discuss joint-power project on Kabul River 2014 The Afghanistan-Pakistan Joint Chamber of Commerce (APJCC) pledge to explore a joint power-sharing agreement on the Kabul River. No follow-up meetings have yet taken place The Frontier Agreement between Afghanistan and the Union of Soviet Socialist Republics 1958 1977 SOURCES: EASTWEST INSTITUTE, WORLD BANK, AFGHANISTAN TODAY, AFGHAN MINISTRY OF ENERGY AND WATER, GLOBAL WATER PARTNERSHIP, KHOST GOVERNMENT ARCHIVES, KHYBER PAKHTUNKHWA IRRIGATION DEPARTMENT, CHITRAL DISTRICT OFFICIALS. Afghan government and state government in Chitral sign an agreement on timber navigation rights on the Kunar River to negotiate a water sharing agreement. Talks collapse because the Pakistani delegation accused Kabul of not supplying sufficient data 2014 Representatives from the Afghan Ministry of Foreign Affairs and the Afghan Ministry of Energy and Water meet with their Pakistani counterparts in Dubai for two days of discussions on management of shared waters, together with The World Bank 1.2015 Afghan, Pakistani and Indian water stakeholders, experts and engineers meet at a regional climate change conference in Dubai organized by Global Water Partnership 10.2.2015 Trilateral meeting between government representatives of China, Afghanistan and Pakistan announce a proposed 1500 megawatt capacity joint-power sharing project somewhere near the border between the two countries 14.-15. 11.2015 Dr. Mohammad Wasim Iqbal, advisor to the Afghan Ministry of Energy and Water, participated in the International GLOF Conference titled “Learning and Way Forward”, from 14 to 15 October, 2015 held in Islamabad, Pakistan. The Conference was convened and hosted by the Ministry of Climate Change and UNDP-Pakistan under the Pakistan GLOF Project The transboundary conundrum A decade of efforts by third-party stakeholders to bring Afghan and Pakistani governments to the negotiating table to draft a water treaty has been marred by acts and rumours of sabotage and cross-border incursions. In the 2000s, Afghanistan created a nascent Water Sector Strategy (WSS) with the support of the international community. The Kabul River Basin Council was established inside the Ministry of Energy and Water, its parent agency. This growth in capacity improved distribution and sanitation, enabling the restoration and establishment of key national power and storage assets in Afghanistan. However, it failed to facilitate any exchange of data or collaboration with Pakistan on shared waters. Afghanistan has held discussions about shared waters with Iran and signed a treaty with Tajikistan in 2010 for shared management of the Amu Darya River. Former Afghan President Hamid Karzai’s administration also held discussions with other Central Asian states on common waters. Precedents for collaboration Afghanistan’s recent parallel agreements and discussions with neighbouring states are worth noting because the absence of a treaty with Pakistan is often attributed to Afghanistan’s lack of internal capacity. The failure to collaborate in the last decade can equally be seen as a collateral effect of bad relations between the two countries. “At the sidelines of the March 2009 meeting of the Economic Cooperation Organisation, Afghan, Iranian, and Tajik leaders agreed to speed up implementation of projects on the water-energy nexus. Joint commitments of a similar nature were not made between Afghanistan and Pakistan,” note the authors of the 2010 EastWest Institute report Making the Most of Afghanistan’s Rivers Basins. Despite declarations made by both Afghan and Pakistani leaders at the Islamabad Conference of 2009 to strengthen relations, collaboration has not materialised in the water sector. Engineers on both sides of the Af-Pak border confirm they do not share any hydrological data with their riparian partner, nor are there any joint flood-protection strategies or joint dam feasibility studies. In 2013, the finance ministers of both countries announced a potential precedent for collaboration. Following a trilateral meeting in Kabul in February 2015, China announced it would fund the 1500-megawatt joint power project on the Kabul River. Progress has been slow, however. Despite multiple attempts, a meeting between Afghan and Pakistani engineers failed to materialise in 2015, according to a former manager at Warsak Dam, Amin Khalil —one of the engineers who was due to participate in the meeting. 2 When the Taliban authorities cut off the Helmand’s flow following a drought in 2001, the Iranian province of Sistan-Baluchistan faced disaster, and the Iranian government allegedly responded by entering Afghanistan and building a series of canals and diversions to restore access. The change of governments in both Islamabad and Kabul in the last three years has renewed hopes that improved collaboration can be 14 achieved. Afghanistan’s President Ashraf Ghani and Pakistan’s Prime-Minister Nawaz Sharif have already signed bilateral agreements on trade and security. In June this year, Chief Executive Abdullah Abdullah, Afghanistan’s second-most important politician, speaking at the Water for Life Conference in Tajikistan said: “Trans-boundary water sharing with Afghanistan’s neighbours should be done in accordance with international laws and norms so that both countries may benefit.” The Chief Executive expressed a vision for Afghanistan to become a key water storage country in the region. Recent breakthroughs In late 2014, the World Bank invited representatives of the Afghan water and foreign affairs ministries to Dubai to discuss shared waters with their Pakistani counterparts, according to Sultani Mahmood Mahmoodi, an engineer with MEW. According to Mahmoodi, Afghanistan has since submitted its proposals for sharing water with Pakistan to the World Bank. A follow-up meeting has not yet been set. Mahmoodi says that the key issues discussed were the construction of two dams on the Kabul River, the Shaal Dam and the Saagay Dam, as well procedures for exchanging data. Initial allocations of water were also discussed, according to Mahmoodi. stance in discussions with cross-border counterpart agencies. The clearer negotiating stance shows a new desire on Afghanistan’s side to pursue a treaty. Pakistani Foreign Office officials have told the World Bank they are also ready to pursue the discussions on water with their neighbour, according to Mahmoodi. Pakistan and Afghanistan also began collaborating on flood prevention. A representative of the Afghan Ministry of Energy and Water, Dr. Wasim Iqbal, participated in a conference on strategies to combat Glacial Lake Outburst Floods (GLOF) in Pakistan hosted by the Ministry of Climate Change and the United Nations Development Programme (UNDP) in October 2015. More than 3000 glacial lakes have been mapped as part of the four-year project, 36 of which have been declared “potentially hazardous and on the verge of outburst anytime.” In October 2015 the Afghan president approved the Extended Policy on Trans-boundary Waters, which the Supreme Council of Land and Water had been drafting for the last year. The amendment to the 2011 Afghan Water Law means all Afghan ministries mandated to negotiate trans-boundary riparian agreements must now have a unified 15 IRAN AND THE HELMAND RIVER TREATY WITH TAJIKISTAN For decades, Afghanistan’s only trans-boundary water sharing agreement was a 1973 bilateral treaty with Iran on the 1,300 km Helmand River, which rises in the Hindu Kush some 40 km west of Kabul. The 1973 treaty is predated by the 1950 establishment of the Helmand River Delta Commission, which aimed to provide a scientific basis for a water-sharing agreement between the two states. Under the 1973 treaty, Afghanistan agreed to allocate 26 cubic metres of water per second to Iran, its downstream neighbour. However, subsequent political turbulence in both countries jeopardized the validity of the agreement. The Afghan Parliament never ratified the treaty and both sides have reported violations2. The fall of the Taliban regime in 2002 led to the normalization of Afghan-Iranian relations. Iran is a major regional contributor to Afghan development, pledging to date a total of $660 million in reconstruction funds. Current negotiations have been held behind closed doors, but Afghan President Ghani initiated talks on “water-related issues” during his official visit to Iran this April, says Kabul University professor Naeem Fahim, a water management expert who accompanied Ghani. For Afghanistan, the crux of the dispute is the presence of illegally installed water pumps on the Iranian side of the Helmand, says Sultan Mahmood Mahmoodi, a MEW engineer. Iran’s looming domestic water crisis does, however, provide a window for bilateral negotiations. In a 26 October 2015 address to MPs in Tehran, Iran’s Foreign Affairs Minister Javad Zarif mentioned a “comprehensive agreement inked between Iran and Afghanistan with President [Hassan] Rouhani during the presidency of Hamid Karzai,” which “includes a provision dealing with a long-running dispute with Afghanistan over Iran’s water rights.” Iran and Afghanistan were scheduled to hold bilateral talks in November 2015, but those discussions were postponed. The Amu Darya rises in the Pamir Mountains in Afghanistan and ends in the Aral Sea. One of its largest tributaries, the Panj, forms much of the border between Afghanistan and Tajikistan. Afghanistan and Tajikistan signed a number of agreements related to water during the Soviet Era but only normalised water-sharing relations with an updated treaty in 2010. The Afghan Tajik Bilateral Water Cooperation Agreement launched an era of exchange of hydrological data and joint hydrology explorations. The treaty also initiated a process of regional collaboration between the Afghan province of Badakhshan and Tajikistan’s Gorno-Badakhshan Autonomous Province to install water-delivery pipelines along the Panj and Amu to transmit water to Afghan fields. Joint flood prevention fortifications have also been installed along the river both sides of the border. In 1992 Tajikistan, Kazakhstan, Turkmenistan, Uzbekistan and Kyrgyzstan signed the Almaty Agreement. The treaty created the Interstate Commission for Water Coordination of Central Asia (ICWC), which outlined water allocations, joint management solutions and conflict management strategies for countries in the Aral Sea Basin. Despite being the second largest contributor in terms of water and having the third largest population density of any country in the basin, Afghanistan is not a stakeholder in the broader decision-making process in the Aral Sea Basin. Recommendations a 3 “…US assistance should encompass comprehensive activities, such as strengthening river basin dialogues and establishing community water management projects on shared watersheds,” according to a special report to the US Committee on Foreign Relations in 2011. 16 Strengthen data and civil society networks, including: 1 Create a “shared repository of knowledge” as defined by the EastWest Institute: a common, transparently compiled database of water-related reports, studies, maps and data 2 Establish cross-border networks of Water Users Associations to share data and create grassroots-level consensus 3 Create platforms for engineers and other civil society stakeholders related to water to meet regularly 4 Set up streamlined and sustainable methods to exchange data at district, provincial and national level b c Fund infrastructural projects that encourage regional collaboration instead of unilateral development without consulting neighbours. USAID, as well as other major governmental donor agencies, has often funded major water projects in shared basin areas in Afghanistan and Pakistan, without sufficiently pushing for cross-border dialogue as a major prerequisite.3 Explore the Indus River Treaty as a potential template for an Afghanistan-Pakistan treaty. “The water treaty of 1960 between India and Pakistan is a good example for us to follow and solve our own transboundary problems with Pakistan. The agreement could help both countries to establish fair water quotas and avoid any unnecessary tensions in the future,” says Dr. Ahmad Khalid Hatam, a professor of International Law at Kabul University. d e Initiate province-to-province transboundary discussions on joint flood-prevention strategies, e.g. Chitral/Kunar. Follow the example of the Khost and Khyber Pakhtunhkhwa governments who met in 2005 to discuss joint power projects. 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