NATIONAL 3 -(Spotlight Weekly)

Flooding Across The Border

Inundation in Nepali territory due to a construction by India raises questions over the long-term cooperation on water resources between the two countries

By Bhagirath Yogi

When the Indian government constructed a 284 meter long barrage at Rapti river at Laxmanpur in Baharaich district of Uttar Pradesh--- 15 km away from the Nepal-India border-- 15 years ago, Nepali farmers living on the other side of the border knew that evil days were waiting for them. But when the Indian officials completed the construction of a 13.6-km long embankment only 300 meters away from pillar no. 19 of Nepal-India border in February this year, they had no alternative left than to vacate their houses and land looking for a safer place.

Some 10,000 people have been displaced since then and more than 2400 bighas of Holiya, Betahani, Gangapur, Mataihiya and Fatepur village development committees (VDCs) of Banke district in mid-western Nepal have been inundated by the Rapti river.

As the lawmakers representing Banke district raised their voices in the House of Representatives, the Foreign and Human Rights Committee of the Parliament visited the area last month. Though they are yet to submit their final report to the Parliament, the all-party team was unanimous in its observation that the construction of embankment at the Rapti barrage was an example of Indian high-handedness. "India has clearly violated international norms by constructing embankments at only 300 meters away from our border," said Som Prasad Pandey, chairman of the Committee and a lawmaker belonging to the main opposition, UML.

Experts do agree. "The construction of Laxmanpur embankment is a flagrant violation of obligations by India," said Surya Nath Upadhyay, a former Water Resources Secretary and expert on international law. "The Indian side is under obligation on their own commitments and international law."

According to experts, there must be an agreement between the countries concerned if either side wants to create any new structure within 8 kilometers of international boundary between them. Though India seemed to be aware of its international obligations while constructing the Laxmanpur barrage, it clearly violated the international norms while constructing embankments, they say.

So, what may have led the Indian officials to build the embankment at the cost of its northern neighbor? "We had no other alternative than to build the embankment to save 52 Indian villages that suffer from the flood in Rapti River every year," said S. R. Shukla, an Indian engineer.

Those who have observed the construction of the project from close quarters don't agree. They say that India had decided to construct the embankment as per its objective to irrigate far-flung dry areas in its territory. "The Indian argument is technically absurd and completely wrong," says Rameswor Man Amatya, a retired engineer, who headed the Mahakali Irrigation Project in far-western Nepal when the Laxmanpur barrage was under construction in the mid-eighties. "This embankment is a part and parcel of the Sarayu irrigation canal and part of the first phase work being carried out under the 50-year-long plan drawn by India, known as the Sharada Sahayak Pariyojana."

According to Amatya, India has already constructed Girjapur barrage at Karnali river, Babai Barrage at Babai river and Laxmanpur barrage at Rapti river. Upon the completion of the project, India will be able to irrigate one of the driest areas in its Uttar Pradesh state comprising Gonda, Baharaich and Gorakhpur districts. "A downstream country must consult upstream country before developing any such constructions. But, India never did so."

Independent experts say that there are altogether 20 spots where constructions of various structures in the Indian territory has caused obstruction of water flow and resulted in the inundation of Nepali territory. In 1985, an Indo-Nepal standing committee comprising senior technical officers of the two countries was constituted to hold discussions, make inspection, and find resolution to the issue of inundation along the Nepal-India border. The issue of inundation caused in Banke district as a result of the construction of the Laxmanpur barrage was raised at the committee since its first meeting in 1986 to the ninth meeting in 1994 and it was agreed to make joint inspection of the spot and submit a report. But the joint inspection did not take place for more than five years.

At the tenth meeting of the committee held in Kathmandu in November 1999 it was agreed to conduct a joint survey and inspection on the impact as a result of the Laxmanpur barrage and submit a report by January 2000 but the survey could not take place within January as the Indian side did not agree for field visit in time. Meanwhile, India completed construction of the 13.6-km long embankment.

At the meeting of the Nepali and Indian liaison officers held at Baharaich on May 19, there were differences between the two sides on the reason of inundation and the two sides decided to submit reports to their respective sides.

According to the report prepared by the District Irrigation Office of Banke, construction of the Laxmanpur barrage was started by Sarayu canal part-6 under the Irrigation Department (of India) in 1981 and completed on the Rapti flowing toward India in 1985. The 10-km long embankment in the right bank of the river at a distance of 10 km from Laxmanpur barrage at Kalakalawa village of India was completed in April 2000.

A total of 9951 families of 1,723 households and 2412 bighas of Holiya, Betahani, Gangapur, Mataihiya and Fatepur village development committees (VDCs) of Banke district have been the worst affected by inundation caused by the Rapti river. Likewise, 5,223 families of 856 households, 955 bighas of land of Holiya, Betahani, Gangapur and Fatepur VDCs of the district have been affected by the river.

In its letter dated May 26, the Ministry of Water Resources requested the Indian External Affairs Ministry to take immediate steps for opening of the blocked drainage so that its natural flow of the river is not affected. The Ministry also requested India to resolve the problem of adverse effect on Nepal by the Rapti barrage and the embankment as early as possible.

At the fifth meeting of the Nepal-India high level task force held in Kathmandu on June 6-7 (this year), Nepali officials informed Brajesh Mishra, head of the Indian delegation and national security adviser of India, the fact that the inundation problem in the Nepali side would be more aggravated in the rainy season due to the construction of the embankment by India. During the meeting of the Water Resources Secretary of the two countries on June 7, extensive discussions on the issues was held and it was decided that a high level technical team would inspect the area within a week and submit a report. The inspection was carried out on June 20. Even after the inspection, the Indian side stuck to its argument that the barrage had been constructed to save inundation of the villages in the Indian side.

Meanwhile, almost all of the political parties, non-governmental organizations and advocacy groups have denounced the Indian act. A group of Nine Left parties sent a memorandum to Indian Prime Minister A. B. Vajpayee on June 11 (through Indian embassy in Kathmandu). "This Act of the Government of India is a flagrant violation of international law as well as in contravention of ethical and human values and the sovereign immutable principles," said the protest letter. The left parties also demanded immediate demolition of the barrage and embankment and start technical reforms, which will remove adverse effect on Nepal.

All eyes are now set on Prime Minister Girija Prasad Koirala who is visiting India early next month (August1-4). Koirala has said he would raise mainly five issues, including the construction of embankment at Laxmanpur barrage, with Indian officials during his visit. But experts are not optimistic. " I can tell you exactly what Indian officials will say. They will say they are very sympathetic to the problem (created by Laxmanpur barrage) and will take appropriate steps to resolve the problem. But, at the end things will remain as they are," said Amatya.

Such attitude on the part of India will not help bring the two countries closer to exploit vast water resources of Nepal for the benefit of the countries of this sub-region. India and Nepal signed on a landmark Mahakali treaty and agreed to build a multi-billion dollar Pancheswor project on it in 1996. The agreement said that the detailed project report (DPR) of the project would be completed within the next six months. But even after more than four years, the DPR is yet to be finalized. "You cannot expect to cooperate your friend at one place and be beaten mercilessly at another," said Upadhyay. "If such a situation prevails, we will lose opportunity for the development of water resources for the benefit of the people of both the countries."

Will the Indian officials realize?