Dams on Indus & Suru: Gilani yet to take action against Ministry

Prime Minister Yousaf Raza Gilani is yet to take action against the Ministry of Water and Power for not objecting at the appropriate time on the Trans-boundary Environment Impact Reports (TEIA) which allowed India to construct two dams--Chutak hydroelectric project and Nimoo-Bazgo hydroelectric project.
According to international law, unless the lower riparian country clears the project designed by the upper riparian in terms of the environment impact of the project, the United Nations Framework Convention on Climate Change (UNFCCC) will not extend any carbon credits.
UNFCCC on August 11, 2008, approved carbon credits to these two projects. As per clauses 37 (b) of UNFCCC rules business (FCCC/KP/CMP/2005/8/Add.1dated 30 March 2006), it was mandatory for India to ratify Environmental Assessment Report (EIA) of both projects from Pakistan to earn carbon against aforementioned projects.
Arshad Abbassi, a private citizen, when made aware of the Indian request for carbon credits for these two dam projects, wrote a letter to Prime Minister Gilani in which he stated: "I was shocked to observe that Page 23 of Project Design Document of both projects approved by CDM - Executive Board of UNFCCC, shows that trans-boundary environmental impacts of these projects had been conducted.
"For this purpose, NDV had prepared the Validation Report for UNDCCC, and page 52 of the report has categorically stated that trans-boundary environmental impacts were considered as per procedures laid down in clause 37c of CDM Modalities and Procedure. It is noteworthy that the 42-metre high Chutak Hydroelectric Project, that is under construction, is located on the Suru River, a tributary of Indus in the Kargil district of Indian Held Kashmir. Additionally, a 57-metre high Nimoo-Bazgo Hydroelectric Project is also being developed in the Leh District on Indus River. Both hydropower projects were launched in Year 2005. Nimoo-Bazgo was scheduled to be completed in August 2010 while Chutak Hydroelectric Project would be completed in January 2011. India had already earned carbon credits against these two projects from UNFCCC after conducting trans-boundary Environment Impact Assessment.
"Though as per the definition of International Commission on Large Dams (ICOLD), both dams are at a height of more than 15 metres and fall under the category of large dams. ICOLD, in various bulletins especially in 35 (1980), 37 (1981) 50 (1985) and 96 (1994), is emphasising for a detail Environment Impact Assessment (EIA) Report prior to physical execution of work on any large dams. India has started dams on Chenab, Indus and Jehlum rivers, also known as ''Western rivers'' as per Indus Water Treaty signed in 1960.
"As per bulletins of ICOLD and in light of the decision of International Court of Justice (ICJ) Hungary and Slovakia Case (Gabcikovo- Nagymaros Dam), (ICJ Reports, 1997, p. 7, at p. 67, para.112), which has now become precedent, legally binding and an obligation for India to contact and ratify Trans-boundary Environment Impact Reports of all upcoming and ongoing projects including hydroelectric dams.
"India has already recognised the value of this verdict and mentioned it in its counter-memorial while pledging the case of Bagilhar Dam in 2006, in the court of Neutral Expert. Thus, as per verdict of ICJ, detailed Trans-boundary Environmental Assessment Report (TEIA) and ratification by Pakistan is mandatory for India before execution of any project in watershed of three ''Western rivers'' as declared in Indus water treaty. "
Arshad Abbasi requested the Prime Minister to pursue the case with concerned agency in India for TEIA report of all ongoing development projects being executed in Indian held Kashmir and Himachal Pradesh to assess the Trans-boundary impact of these projects on Pakistan.
He has also urged that a high level investigation on how India got TEIA clearance certificate for Chutak and Nimoo-Bazgo hydroelectricity projects be undertaken. The official responsible in Ministry of Water & Power (GoP) ought to investigate this criminal negligence and salience. How Indian authorities earned carbon credits two years back while Advisor (Water and Power) MOWP and his lieutenants remained at best ignorant and at worst negligent.
An in-depth investigation should be carried out by concerned officials of Ministry of Foreign Affairs Pakistan and officials representing Pakistan in UNFCCC or any other international forum regarding this criminal negligence.
It is pertinent to mention here that the World Bank extended $38 million loan to the Ministry of Water and Power for capacity building of its officials but apparently the funds have little to show in terms of any positive outcome. After the completion of the Nimmo-Bazgo and Chuttak hydropower projects in June and August this year, India will start taking carbon credits from UN initially for 7 years and later the duration would be decided after reassessment of the projects.
When Arshad Abbasi was approached regarding financial benefit to India for obtaining two carbon credits, he said that one carbon credit is equal to $30,000 in a year which is a symbolic amount. The question, he maintained, is whether the entire so-called water experts of Ministry of Water and Power are just pocketing public money without doing national service.