A step forward
BY N A S E E R M E M O N
2025-05-02
AFTER wrangling over the canal controversy for several months, the federal government has finally settled the thorny issue through the Council of Common Interests (CCI). The prickly matter of new canals and a questionable water availability certificate has been defused by making the scheme contingent on the consensus ofallprovinces.
The breakthrough came after several days of blockade of the Sindh-Punjab highways. Thousands of people, including women with children on their laps, converged under a sizzling sun to air their grievances against the controversial canals. Lawyers-led sit-ins near Sukkur and Kashmore brought north-south logistical movement to a halt, causing a supply chain crisis. This prompted the authorities to hurriedly bring forward a long overdue CCI session that had been set for May 2 to find an amicable solution.
Article 155 of the Constitution mandates the CCI to safeguard the waterrelated interests of the federating units.
The summaries of Sindh challenging the Cholistan feeder canal, the Chaubara canal and the Jalalpur canal had waited for a long overdue meeting of the Council.
The Constitution requires a routine meeting of the Council after every quarter but no meeting had been convened for five quarters. Sindh had been beseeching the federal government but all voices had fallen on deaf ears in Islamabad. Regular meetings of this important forum could surely have averted the stand-off that, instead, quickly turned into a fireball.
The Indus River System Authority and CCI are two critical forums to pre-empt or resolve water-related conflicts among domestic stakeholders. Over the years, these forums have been reduced to spineless entities. The tampering done with their structures, functions and decision-making process have eroded their vitality. Irsa`s credibility touched rock-bottom when it issued a water-availability certificate for the Cholistan canal, while dismissing solid arguments from a member from Sindh.
Paradoxically, the same Irsa had been denying water distribution under the 1991 Water Apportionment Accord for over two decades citing water shortages in rivers as the reason. It suddenly discovered surplus water for a new scheme that aims to irrigate a huge command area of 1.2 million acres in the Cholistan desert.
Its suffered more ignominy when a recent verdict of the Sindh High Court revealed that the organisation had been operating in violation of the rules for 15 years.
Irsa`s legal structure demands the federal member be represented by Sindh but the slot was held by Punjab in a blatantviolation of the rules. Hence, the court suspended the water-availability certificate for the Cholistan scheme. Not only was Sindh denied its legal right of representation in the federal slot, this position was also retained exclusively by Punjab and denied to the other provinces as well.
In a significant development, the CCI has recognised the sensitivity of waterrelated decision-making and set a positive precedent by making it conditional on the consensus of the federating units.
Had it not been settled politically, the CCI could have complicated matters by invoking Article 154(4) that provides a majority vote to decide the issue at hand.
With four members from Punjab and the fifth one belonging to the PML-N, Sindh might not have expected a favourable outcome. Any such conclusion on the canal issue would have fuelled further political acrimony that the federation can`t afford.
In a wise move, both Irsa and the Planning Commission have been directed to ensure consultation with all stakehold-ers in the interest of national cohesion and to address all concerns until a mutual understanding is reached. This will set a new roadmap for federal entities managinginter-provincial interests to decide divisive issues through consensus-building and not through `ayes` and `noes`. The spirit of federalism demands a painstaking process of consensus building for sustainability. The 18th Amendment and seventh NFC award are a testimony to this rewarding approach.
Amid a turbulent transboundary situation where the Indus Waters Treaty has been unilaterally held in abeyance by India, internal harmony has attained new significance. Settling internal conflicts through reconciliatory approaches is necessary, especially following distressing reports of shrinking water flows from the Karakoram and Hindukush ranges that feed our rivers. The region has already stepped into a water-scarce future and the ominous forecast of drought looms as glaciers vanish at an alarming pace. Such a bleak vista calls for critical introspection and wise action on the water and agricultural fronts. Water conservation holds the key to our future, and we should give up our archaic water management and farming practices.
The wnter is a civil society professional.
nmemon2004@yahoo.com