# *Detailed SUMMARY of the article "Protocol to the IWT?" by Ahmer Bilal Soofi, Published in Dawn on June 13th, 2025:* The article discusses the *Indus Waters Treaty 1960 (IWT)* and potential modifications through a *Protocol* to protect *Pakistan*'s interests. The *IWT* has served its purpose well for *65 years* through substantive provisions regulating rights and obligations between *India* and *Pakistan*. *India* sent *two notices* to *Pakistan* in *January 2023* and *September 2024* under *Article XII* of the *IWT* requesting modifications. Post-*Pahalgam*, *Pakistan* invited *India* for talks on all issues including the *IWT*, which *India* held in abeyance in *April 2025*. The author identifies *four key areas* where *Pakistan* should protect its interests via any *Protocol*: First, making the *IWT* a *multilateral arrangement* by inviting *China* as a party, citing precedents like the *Mekong River* (*1995 Framework Agreement*), *Nile River Basin* (*2010 Cooperative Framework*), and *Danube River* (*14 countries*, *1994 convention*). *China*'s inclusion is justified as the *Indus originates from Tibet*, and *India*'s *August 5, 2019 presidential order* created locus standi for *China*. The *Shanghai Cooperation Organisation (SCO)* provides framework for cooperation on *water resources management*. Second, establishing a *judicial mechanism* through the *International Court of Justice* or *Court of Arbitration* to challenge *India*'s arbitrary dam construction decisions, extending notice period to *three years* instead of current *six months* under *Clause 9 of Annexure D*. Third, incorporating *climate change management* provisions as the current *IWT* relies on *historical data* which is unsafe due to climate impacts, requiring a *permanent panel of experts* for data collection and assessment. Fourth, adding provisions for *India* to maintain *minimum water flow* in *eastern rivers* for the *lower riparian state* including *ecological needs*. # *Easy/Short SUMMARY*: The *IWT 1960* needs a *Protocol* to address modern challenges. *Pakistan* should protect interests through *four key areas*: inviting *China* for *multilateral arrangement* using *SCO framework*, establishing *judicial mechanisms* to challenge arbitrary *Indian dam construction*, incorporating *climate change management* with *expert panels*, and ensuring *minimum water flow* in *eastern rivers* for ecological and downstream needs. # *SOLUTIONS of The Problem*: ## *1. Multilateral Water Arrangement* Include *China* as party to *IWT Protocol* using *SCO Charter Article 3* framework for regional cooperation. ## *2. Judicial Review Mechanism* Establish *International Court of Justice* or *arbitration court* to challenge unnecessary dam construction decisions. ## *3. Extended Notice Period* Increase dam construction notice from *six months* to *three years* for adequate assessment. ## *4. Climate Change Provisions* Create *permanent expert panels* to quantify climate impacts and strengthen data collection mechanisms. ## *5. Minimum Flow Requirements* Mandate *India* maintain minimum water flow in *eastern rivers* for ecological and downstream needs. ## *6. Enhanced Data Sharing* Strengthen existing data collection systems beyond *historical data* to include climate variables. ## *7. Strategic SCO Utilization* Leverage *Shanghai Cooperation Organisation* membership for trilateral water management cooperation. ## *8. Technical Specification Oversight* Expand *Pakistan*'s authority beyond *Annexure D* technical objections to challenge dam necessity. ## *9. Mala Fide Construction Challenge* Enable legal challenges against *India*'s arbitrary or bad faith dam construction decisions. ## *10. Ecological Flow Management* Implement international water law standards for *minimum flow* requirements in river systems. # *IMPORTANT Facts and Figures Given in the article*: - *IWT* signed in *1960* and operational for *65 years*. - *India* sent *two notices* in *January 2023* and *September 2024* for modifications. - *India* held *IWT* in abeyance in *April 2025*. - *Article XII* provides for treaty modifications through ratified treaties. - *Clause 8 of Annexure D* sets dam design criteria for *India*. - *Clause 9* requires *six months* notice before dam construction. - *Mekong Framework Agreement* signed in *1995*. - *Nile River Basin Cooperative Framework* established in *2010*. - *Danube River* shared by *14 countries* with *1994 convention*. - *India*'s *August 5, 2019 presidential order* created locus standi for *China*. # *IMPORTANT Facts and Figures out of the article*: - *Indus River System* provides *80%* of *Pakistan*'s irrigation water (*World Bank*, 2024). - *China* controls *15%* of *Indus basin* headwaters in *Tibet* (*ICIMOD*, 2023). - *India* has *37 hydroelectric projects* planned on *Indus tributaries* (*MEA India*, 2024). - *SCO* represents *40%* of world population and *20%* of global GDP (*SCO Secretariat*, 2024). - *Pakistan*'s water storage capacity* only *30 days* compared to *India*'s *120 days* (*IRSA*, 2024). - *Climate change* may reduce *Indus flow* by *8-16%* by *2050* (*IPCC*, 2023). # *MCQs from the Article*: ### 1. *How long has the IWT been operational?* A. 60 years *B. 65 years* C. 70 years D. 55 years ### 2. *Which article of IWT provides for treaty modifications?* A. Article X *B. Article XII* C. Article VII D. Article XV ### 3. *When did India hold the IWT in abeyance?* A. January 2025 *B. April 2025* C. September 2024 D. March 2025 ### 4. *How many countries share the Danube River?* A. 10 countries B. 12 countries *C. 14 countries* D. 16 countries ### 5. *What is the current notice period for dam construction under Clause 9?* A. Three months *B. Six months* C. One year D. Two years # *VOCABULARY*: 1. *Protracted* (طویل المیعاد) – Extended over a long period 2. *Riparian* (دریائی) – Related to riverbank or water rights 3. *Abeyance* (التوا) – Temporary suspension or postponement 4. *Pursuant* (کے مطابق) – In accordance with or following 5. *Parleys* (بات چیت) – Negotiations or discussions 6. *Inter se* (آپس میں) – Between themselves or among each other 7. *Fanciful* (خیالی) – Imaginative but unrealistic 8. *Locus standi* (قانونی حق) – Right to bring legal action 9. *Vide* (کے ذریعے) – By means of or through 10. *Purview* (دائرہ کار) – Scope or range of authority 11. *Arbitrary* (من مانا) – Based on personal whim rather than reason 12. *Mala fide* (بدنیتی سے) – In bad faith or with dishonest intent 13. *Abusive* (غلط استعمال) – Improper or excessive use of power 14. *Envisaging* (تصور کرنا) – Contemplating or imagining 15. *Quantify* (مقدار مقرر کرنا) – Express as a quantity or number 16. *Ecological* (ماحولیاتی) – Related to ecosystem and environment 17. *Substantive* (بنیادی) – Having substance or fundamental importance 18. *Finalisation* (حتمی شکل) – Process of completing or concluding 19. *Eventuality* (امکان) – Possible event or outcome 20. *Precedents* (نظائر) – Previous cases used as examples 📢 *Attention Please!* We appreciate your commitment to acquiring knowledge through our summaries. 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Click the link below to join now 🔗 [Dawn Article Summaries](https://cssmcqs.com/dawn-editorials-articles-summary-for-students-pdf-download/) *WhatsApp Channel Link*: [https://whatsapp.com/channel/0029Va7tT3o35fLnJeFbpS2y](https://whatsapp.com/channel/0029Va7tT3o35fLnJeFbpS2y) --- *www.dawn.com* *Protocol to the IWT?* *Ahmer Bilal Soofi* *6–8 minutes* PAKISTAN treats the Indus Waters Treaty 1960 (IWT) as a fruit of protracted negotiations between India and Pakistan, which took several years of efforts before its finalisation. During the last 65 years of its operation, the IWT has served its purpose well. It includes substantive provisions that clearly fix and regulate the rights and obligations of both India and Pakistan. Since the IWT was a bargain between the two countries, at least for Pakistan, the lower riparian, modifications or changes in the treaty can only be considered if they address its concerns. However, India had expressed its intent to have the IWT renegotiated before holding it in abeyance. As a matter of fact, Article XII of the IWT itself provides for this eventuality: "The provisions of this treaty may from time to time be modified by a duly ratified treaty concluded for that purpose between the two governments." And, "The provisions of this treaty or provisions of this treaty as modified … shall continue in force until terminated by a duly ratified treaty concluded for that purpose between the two governments". India, pursuant to Article XII, sent two notices to Pakistan in January 2023 and in September 2024 inviting Pakistan to begin parleys for the IWT's modification. Post-Pahalgam, Pakistan has invited India to open talks on all issues including the operation of the IWT, which was held in abeyance by India in April 2025. If, ultimately, the two countries agree that the treaty is liable to modification, then Pakistan will be called upon to protect its interests in any Protocol added to the IWT following the modifications agreed upon. I believe there are at least four areas where Pakistan is advised to protect its interest via the Protocol: i. In order to make the IWT a multilateral water-sharing arrangement, China should be invited to become a party. Both China and India being upper and lower riparians in the region have many disputes inter se. It would be a strategic decision by both to enter into a formal water-sharing arrangement. Such a partnership is not altogether fanciful; its foundations have already been laid in the Shanghai Cooperation Organisation and related treaties. India, Pakistan and China are members of the SCO. There are at least four areas where Pakistan is advised to protect its interests via any Protocol to the treaty. Article 3 of the SCO Charter identifies areas of cooperation among the member states. Article 3 includes "sound environmental management, including water resources management in the region, and implementation of particular joint environmental programmes and projects". Article 3 additionally provides for expansion of the spheres of cooperation by mutual agreement. If a multilateral arrangement is agreed to in the shape of a Protocol to the IWT, all three countries will benefit and it will help lessen tensions. China's case for becoming a party to any future Protocol to the IWT is supported by precedents of various major rivers in the world. For example, the Mekong is a transboundary river and all countries sharing it are parties to the 1995 Framework Agreement for sustainable development and management of the river basin. The Mekong River Commission manages the obligations under the said agreement. Similarly, the Nile River Basin Cooperative Framework 2010 is executed by states that share the river. It also established the Nile River Basin Commission that develops the river in a cooperative manner. In Europe, the Danube is shared by 14 countries, which have formed an international commission through a convention in 1994. Given that the Indus originates from Tibet, China, it creates a just cause to consider China becoming a party to any new arrangement under the IWT. In any case, India itself has created a locus standi for China through its own doing vide the presidential order of Aug 5, 2019. ii. Clause 8 of Annexure D to the IWT lays down the criteria which India has to observe while designing any dam on the western rivers. Clause 9 further requires India to inform Pakistan six months before starting any construction on a dam to allow Pakistan to assess whether or not the provisions of Clause 8 have been duly followed by India. In fact, notwithstanding the provisions of Article VII (2) of the IWT, India's decision to construct a dam (apart from the matter of its design) is taken outside the purview of the IWT regime and is based wholly on India's arbitrary assessment of its energy needs and strategic interests. In the above scenario, Pakistan may only object to the technical specifications under the provisions of Annex-D but cannot challenge the necessity or soundness of the decision of the upper riparian state to construct a particular dam. In order to restrain the abusive and arbitrary use of power to construct as many dams as it likes, it is necessary to provide a judicial mechanism in the shape of the International Court of Justice or Court of Arbitration, where the decision of constructing a dam itself may be challenged as unnecessary or mala fide. In this view, three years' notice to Pakistan to protect its interests is also called upon after a political decision to construct a dam has been taken. iii. Presently, the IWT does not contain any provision envisaging the management of climate change. The IWT in its present form relies on historical data in order to ensure that water supplies remain consistent. However, this is no longer safe on account of climate change. It is recommended that the IWT reflect the need to establish mechanisms to quantify and collect data regarding climate change, while also strengthening existing data collection. Therefore, in order to assess changes that are required as a consequence of the impact of climate change, provisions should be introduced for establishing a permanent panel of experts with representation from all parties. iv. A provision to the effect that India should maintain minimum water flow in the eastern rivers for the lower riparian state needs to be added to the Protocol. In the context of international water law, 'minimum flow' refers to the least amount of water that a river needs to continue to flow to satisfy the needs of lower riparian states, including ecological needs. The writer is a former caretaker law minister. Published in Dawn, June 13th, 2025