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 Kathmandu Monday June 26, 2000 Ahsad 12,  2057.


Rapti Barrage raises outcry Approach Int’l Court : experts

By a Post Reporter

KATHMANDU, June 25 - Political leaders and water resource experts today said that Nepal should go to the International Court of Justice as India has not complied with international laws while constructing a barrage on Rapti river, south of Banke district.

"The barrage over Rapti has created adverse effects of flooding in the villages of Nepal, which straightaway violates international laws and practices," said Hiranya Lal Shrestha, leader of CPN-ML at a programme on the problems created by the dams along the border.

He was speaking at a weekly talk forum organised by National Concerns Society. "The Indian government should either furnish satisfactory explanations for the construction or Nepal should go to the International Court," he said.

Shrestha said that the barrage should either be "dismantled" or India should provide "reasonable compensation for all the damages caused", adding "the inundation of the villages is a man-made disaster made with the full knowledge of the consequences. It could have been stopped".

On June 17, Foreign Affairs and Human Rights Committee (FAHRC) of the parliament had said India had violated international law while constructing the Laxmanpur barrage on the Rapti river. The report prepared by the committee states that the construction affects five VDCs -- Holiya, Bethhani, Gangapur, Fattepur, and Matehiya -- of Banke and that more than 15,000 locals in 33 villages could be affected during the current monsoon season.

UN General Assembly Resolution on World Charter of Nature, 1982, demands that States and other public authorities, international organisations, individuals, groups or corporations "should ensure that activities within their jurisdictions or control do not cause damage to the natural systems located within other States or in areas beyond the limits of national jurisdiction."

Govinda Bahadur Shah, MP and member of the FAHRC who had visited the site said that India has violated the international law with the construction of the edifice within 300 meters of the border.

This contradicts the international guideline - which states that if the construction of any edifice within 8 kilometres of the border affects another country - the affected country (in this case Nepal) must have given a go ahead, and that has not happened.

The construction of the Laxmanpur dam on Rapti river, which began in 1983 and completed in 1998, was undertaken by India in its territory without considering the effects it would have on the Nepali side of the river in Banke district.

Som Prasad Pandey, chairman of FAHRC said that India had been making all decisions over the construction of the barrage without consulting Nepal whereas "the direct effect of the construction has been on the villages of Nepal, not India." "There is no other way but to dismantle the construction if we are to save our villages. This, however, has never been discussed by the government. The stance taken by the government over the matter till now is not strong enough."

Water resource expert, Deepak Gyawali, stressed on the need to look at the long-term effects of the dams before deciding to go ahead with them. "The embankment technology itself is a wrong technology," said Gyawali. "It provides short term relief but creates a tremendous problem of water logging which throws the land out of production."

Gyawali said, "The problems that the Laxmanpur barrage would create in Nepal is just a continuation of miseries of embankment that India has been living with for the past 50 years."

Former Minister for Water Resources Pashupati SJB Rana was of the opinion that only dialogue could settle the issue.

Only yesterday, a meeting between Nepali and Indian irrigation officials had ended inconclusively after differences over a wide range of water-related issues along the Indo-Nepal border, including the controversial afflux bund constructed by India on Rapti river.


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