Tipaimukh Dam – A Tipaimukh Dam – A violation of UN Charter, violation of UN Charter,

Convention and Convention and International rule of lawsInternational rule of laws

Dr. Ismail Hossain Dr. Ismail Hossain AmeerAmeer

Islamic Practice and Dawah Circle, Islamic Practice and Dawah Circle, AustraliaAustralia

hossainmi@yahoo.comhossainmi@yahoo.com

Proposed Tipaimukh Dam Proposed Tipaimukh Dam LocationLocation

Proposed Tipaimukh Dam Proposed Tipaimukh Dam Location-Location-at 500 m downstream of the confluence of Barak and Tuivai at 500 m downstream of the confluence of Barak and Tuivai

riversrivers

UN and International LawsUN and International Laws

• CHARTER OF THE UNITED NATIONS • UN UN Convention on the Law of the Non-

navigational Uses of International Watercourses Adopted by the General Assembly of the United Nations on 21 May 1997

• World Commission on Dam • Regional treaties, such as Ganges Regional treaties, such as Ganges

Treaty of 1977(BNP Govt) and 1996 Treaty of 1977(BNP Govt) and 1996 (Hasina Govt)(Hasina Govt)

CHARTER OF THE UNITED NATIONS

• CHAPTER I: PURPOSES AND PRINCIPLESCHAPTER I: PURPOSES AND PRINCIPLES• Article 1Article 1• The Purposes of the United Nations are:The Purposes of the United Nations are:• To maintain international peace and security, and to that end: to take To maintain international peace and security, and to that end: to take

effective collective measures for the prevention and removal of threats to effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a or settlement of international disputes or situations which might lead to a breach of the peace; breach of the peace;

• To develop friendly relations among nations based on respect for the To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; other appropriate measures to strengthen universal peace;

• To achieve international co-operation in solving international problems of To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; freedoms for all without distinction as to race, sex, language, or religion; and and

• To be a centre for harmonizing the actions of nations in the attainment of To be a centre for harmonizing the actions of nations in the attainment of these common ends. these common ends.

• http://www.un.org/en/documents/charter/http://www.un.org/en/documents/charter/

CHARTER OF THE UNITED NATIONS SIGNED BY THE Representatives of the all member Country

• Article 111Article 111• The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain

deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.that Government to the Governments of the other signatory states.

• IN FAITH WHEREOF the representatives IN FAITH WHEREOF the representatives of the Governments of the United of the Governments of the United Nations have signed the present Nations have signed the present Charter. DONE at the city of San Charter. DONE at the city of San Francisco the twenty-sixth day of June, Francisco the twenty-sixth day of June, one thousand nine hundred and forty-one thousand nine hundred and forty-five.( 26/06/1945)five.( 26/06/1945)

UN UN Convention on the Law of the Non-navigational Uses of International

WatercoursesAdopted by the General Assembly of the United Nations on 21 May 1997.

http://untreaty.un.org/ilc/texts/instruments/english/conventions/8_3_1997.pdf• Article 2• Use of terms

• For the purposes of the present Convention:

• (a) “Watercourse” means a system of surface waters and groundwaters constituting by virtue of their

• physical relationship a unitary whole and normally flowing into a common terminus;

• (b) “International watercourse” means a watercourse, parts of which are situated in different States;

• (c) “Watercourse State” means a State Party to the present Convention in whose territory part of an international watercourse is situated, or a Party that is a regional economic integration organization, in the territory of one or more of whose Member States part of an international watercourse is situated;

• (d) “Regional economic integration organization” means an organization constituted by sovereign

• States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized in accordance with its internal procedures, to sign, ratify, accept, approve or accede to it.

UN UN Convention on the Law of the Non-navigational Uses of International

WatercoursesAdopted by the General Assembly of the United Nations on 21 May 1997.

• Article 5Article 5• Equitable and reasonable utilization and participationEquitable and reasonable utilization and participation

• 1. Watercourse States shall in their respective territories utilutilize an 1. Watercourse States shall in their respective territories utilutilize an international watercourse in an equitable and reasonable manner. In international watercourse in an equitable and reasonable manner. In particular, an international watercourse shall be used and developed by particular, an international watercourse shall be used and developed by watercourse States with a view to attaining optimal and sustainable watercourse States with a view to attaining optimal and sustainable utilization thereof and benefits therefrom, taking into account the interests utilization thereof and benefits therefrom, taking into account the interests of the watercourse and States Concerned, Consistent with adequate of the watercourse and States Concerned, Consistent with adequate protection of the watercourse.protection of the watercourse.

• 2. Watercourse States shall participate in the use, development and 2. Watercourse States shall participate in the use, development and protection of an international watercourse in an equitable and reasonable protection of an international watercourse in an equitable and reasonable manner. Such participation includes both the right to utilize the watercourse manner. Such participation includes both the right to utilize the watercourse and the duty to cooperate in the protection and development thereof, as and the duty to cooperate in the protection and development thereof, as provided in the present Conventionprovided in the present Convention

• Note: Although India is not a signatory to this convention, the resolutions of the convention are used Note: Although India is not a signatory to this convention, the resolutions of the convention are used world-wide as a guide for water resources managementworld-wide as a guide for water resources management

UN Convention Cont……..UN Convention Cont……..

Article 7: Obligation not to cause significant HarmArticle 7: Obligation not to cause significant Harm

• Watercourse States shall, in Utilizing an International Watercourse States shall, in Utilizing an International watercourse in their territories, take all appropriate watercourse in their territories, take all appropriate measures to prevent the causing of significant harm to measures to prevent the causing of significant harm to other watercourse states.other watercourse states.

Article 8: General Obligation to CorporateArticle 8: General Obligation to Corporate

• Watercourse States shall Corporate on the Basis of Watercourse States shall Corporate on the Basis of Sovereign equality, territorial integrity, mutual benefits and Sovereign equality, territorial integrity, mutual benefits and good faith in order to attain optimal utilization and adequate good faith in order to attain optimal utilization and adequate protection of an international watercourse.protection of an international watercourse.

UN Convention Continue……UN Convention Continue……

Article 11Article 11

• Information concerning planned measuresInformation concerning planned measures

Article 12Article 12

• Notification concerning planned measures with possible Notification concerning planned measures with possible adverse effectsadverse effects

Article 20Article 20

• Protection and preservation of EcosystemsProtection and preservation of Ecosystems

World Commission on Dam World Commission on Dam (WCD)(WCD)• Dams and Development: A New Framework for Decision-

Making. In this Report of the World Commission on Dams, Commission grouped the core values informing its understanding of these issues under five main headings:

• 1. equity,• 2. efficiency,• 3. participatory decision-making,• 4. sustainability and• 5. accountability• These five values run through the entire report and are the foci of

concerns raised by the evidence presented in the Global Review. They are also aligned with the international framework of norms articulated in the UNDeclaration of Human Rights that the Commission cites as a powerful framework of internationally accepted standards.

• http://www.dams.org/report/overviews.htm

GANGES WATER SHARING GANGES WATER SHARING TREATY, 1977 and 1996 TREATY, 1977 and 1996 • The basic principles of 1977 agreement were the following : • Sharing period would be from 01 January to 31 May divided into 15 slots each

having 10 days. • Sharing was on the basis of 75% dependable flow at Farakka between 1948 to

1973. • Sharing proportion of Bangladesh and India was 60:40 respectively with a

minimum flow of 34,500 for Bangladesh and 20,500 cusec for India. In case of decrease in flow at Farakka under extreme situation. Bangladesh was guaranteed with 80% of its share during each of the slots.

• Regional co-operation for augmenting the flow at Farakka was agreed upon and the augmented flow would be shared proportionately.

• The basic principles of the recent 1996 treaty are as follows • The flow at Farakka was calculated on the basis of average flow ( 50%

dependable flow ) for the period of 1948 to 1988. • Proportion of sharing between Bangladesh and India is 45:55 and in some

cases the proportion will be 30:70 • During the period from 1 March to 31 May the sharing will be on the basis of

so called hydraulic cycle when one side will have 35000 cusec guaranteed flow and the other side will receive rest of the flow. In such a cycle when the flow is 50,000 cusec when India will receive 35,000 cusec and Bangladesh will receive only 15000 cusec.

• when the flow falls below 50,000 cusec no sharing principle will exist, Bangladesh and India will sit immediately to decide equitable sharing

• The same principles will be applied to the sharing of flow of other common rivers.

• At a Joint River Commission (JRC) meeting in September 2005, India formally assured Bangladesh that they would not divert any water for their irrigation project. If India constructs the dam without the consent of Bangladesh, it will also be violation of the article 9 of Bangladesh-India Ganges Water Sharing Treaty, 1996. The Tipaimukh Dam project was entirely developed and approved without informing the government of Bangladesh or involving its people in any meaningful exercise to assess the downstream impacts of the dam. Bangladesh was not invited to participate, fully and actively in the decision-making process as a key stakeholder. This is clearly a gross violation of co-riparian rights of Bangladesh.

Conclusion Conclusion

•Construction of the Tipaimukh Dam

must stop now until the experts from both countries are undertaking further Legal and Environmental Impact Assessment (EIA) and investigations as per International Rule of Laws

Our Duty if you think you are Our Duty if you think you are Bangladeshi Bangladeshi • Organize public protests throughout the Bangladesh

against Tipaimukh Saga at an interval of time in front of the diplomatic mission of India and UN bodies.

• Organize Long Mach towards Tpaimukh dam like the Farkkah Michil (Procession) towards Tipaimukh dam;

• E-mail to all AusAid/UN/WB/Green Parties all over the world showing your concern. STOP TIPAIMUKH DAM ACTION GROUP will sent you sample letter and e-mail addresses.

• Organize demonstration on Tipaimukh Saga by Bangladeshi Nationals in front of UNO office, Indian Diplomatic Missions throughout the World;

• Arrange the Visits of International Environmental Figures like Algor (Nobel Prize winner), Green Party of Australia, etc.

Stop Tipaimukh Dam Stop Tipaimukh Dam

Thank you AllThank you All