Pakistan’s Water Laws are Unable to Mitigate Climate Change

In Blog, Climate Security, National Security
December 5, 2022
Rameen Mufti
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Pakistan’s water laws have been unable to protect its water resources amidst climate change. It ranks 8th on Web Relief’s Long-Term Climate Risk Index. Its high vulnerability to natural catastrophes has become a national security threat. According to USIP, Pakistan has witnessed more than 170 extreme weather events, over 9000 fatalities and around $4 billion

Pakistan’s water laws have been unable to protect its water resources amidst climate change. It ranks 8th on Web Relief’s Long-Term Climate Risk Index. Its high vulnerability to natural catastrophes has become a national security threat. According to USIP, Pakistan has witnessed more than 170 extreme weather events, over 9000 fatalities and around $4 billion in financial losses. In April, it succumbed to heatwaves with temperatures exceeding 120F in the south and floods in Gilgit Baltistan. The melting glaciers from heat waves and torrential rainfall led to massive floods in June of 2022 that affected millions of people and caused damages worth billions of dollars. There is a dire need to modify the laws to mitigate water-related catastrophes in the wake of climate change.

Pakistan has recognised the national effects of climate change for decades as a signatory of the Kyoto Protocol from 2005 and the Paris Agreement in 2016. However, the country’s policies and legislation have caused fewer outcomes. The Climate Act 2017, it seems, was passed to legally back Pakistan’s Intended Nationally Determined Contributions under UNFCC. The act presented policies, guidelines and institutions but does not directly address climate vulnerabilities like the depletion of aquifers and strategies for their implementation. National Water Policy 2018, although promotes stakeholder participation, fails to provide research-backed measures to address the national and provincial water crisis. The Monsoon Contingency Plan 2022, introduced after the floods, do not present steps to mitigate or effectively forecast torrential rainfall and glacial melt.

The 18th Amendment has made water managent complex in Pakistan. Article 172(3) states that territorial waters are vested jointly and equally among the federal and provinces. The law has also established the Council for Common Interest for decision-making. It includes the Prime Minister, the Chief Minister of the Provinces and three members from the federal government appointed by the Prime Minister. The amendment has created loopholes for all future policies. For instance, the National Water Policy 2018 has little legal backing because it lacks signatures from all members of the CCI as stated by the law. It is also unclear whether CCI has authority over national and provincial departments like WAPDA or the Department of Irrigation, Baluchistan. Though provinces and federal have an equal share in territorial waters, the centre has authority over signing international conventions and treaties. Thus, conventions for climate change mitigation cease to exist without the provinces’ support, and initiatives like the National Water Policy and Climate Change Act are just on paper.

Pakistan has been slow to add climate change to national and provincial water policies. It is not a subject in the 18th Amendment that confuses whether the federal government or provinces are responsible for handling the crisis. As a result, provincial policies are slow to adapt to climate change and add it to the environmental protection Act. The federal government, on the other, has readily accepted climate change by introducing new laws and policies but has not incorporated them in earlier laws like the Canal and Drainage Act of 1873. Without the provinces’ support, the centre has been unable to implement National Water Policy and Climate Change Act.

Building dams and increasing storage capacity is integral to mitigating climate change. It prevents overflow in the wet season and stores water for the dry season. However, the legal dispute has halted the progress. All provinces are a signatory of the 1991 Accord that encompasses fair distribution of Indus water. Sindh stresses ten day-wise water share according to the Accord. Punjab argues that the interpretation is false and all clauses must be read in conjunction with each other. It also states that building the Kalabagh dam is a condition for enforcing the Accord. The pact does not stand without it. Although Pakistan’s river water is skewed by climate change, provinces other than Punjab are sceptical about building Kalabagh Dam. They argue that this would increase uneven distribution and downstream cities will get less water. Thus, removing legal barriers to fair water distribution may end the national conflict.

Post 18th Amendment, Pakistan functions on cooperative federalism and has to take initiatives in line with the policies of the provinces. Baluchistan faces a water shortage but no law has been passed to curb it. KPK has Drinking Water Policy 2015 and Water Act 2020 but has no policies on the depletion of groundwater. Sindh has introduced several policies including Sindh Drinking Water Policy, Sindh Drinking Water Supply Policy and Sindh Water Management Ordinance 2002. However, it has not been able to devise effective policies for the clogging of solid waste in the urban drainage system. Punjab also has extensive policies but pays little attention to water shortage to overpopulation. National Water Policy or Climate Change Act can only be successful if they are consistent with the provinces’ policies.

Groundwater depletion has increased in Pakistan because of climate change. Extreme weather conditions and torrential rainfall have increased floods and droughts that affect the availability and dependency on groundwater. The country lacks provincial and national policy guidelines to measure groundwater extraction and its effect on the resource base. The Indus Water Treaty, signed with India, also lacks a framework for transborder groundwater. Northwest India and Pakistan are facing depletion of the water table. Pakistan and India need to negotiate new terms for the treaty on groundwater usage and water pollution in the Indus Basin.

Following the 2022 floods, Pakistan can remove legal hurdles to mitigate the effects of climate change on water resources. To begin with, climate change can be recognized as a subject under the 18th Amendment to determine whether it is a provincial or federal subject. The role of the Council of Common Interest can be enhanced to ensure that provinces introduce similar water laws and policies after which national laws can be introduced. The presence and advice of provincial representatives on International Conventions and Treaties can be made mandatory to ensure that all national stakeholders are on the same page. There is a dire need to address transborder and national water conflicts to increase storage capacity and build effective policies to prevent groundwater depletion. Finally, Pakistan can increase its research on water issues across the provinces and centres to formulate an effective and innovative water management system that mitigates the effects of climate change.