Keywords: Water governance, cooperation, transboundary river, natural disaster
Introduction
Water resources have a significant and important role in human life, agriculture, energy production, transport and in the functioning of all ecosystems. However, water is a finite resource. Due to population growth, economic development, climate change, water pollution leading to increased competition for water between industries, communities and countries.
Water resources transcend national boundaries and should be seen in their multifaceted nature, as a transboundary, inter-sectoral and inter-generational resource, vital for sustainable development. Water diplomacy is referred to as an essential tool to ensure effective, sustainable, and equitable management of shared water resources, as well as balancing national sovereignty interests and enhancing regional cooperation between states that share resources, because water is seen as a powerful tool for peace building (Blue Peace Central Asia).
The sustainable and reliable functioning of transboundary water flows is crucial for the development of low-income economies such as Tajikistan and Afghanistan. Water governance is closely linked to other systems, such as political, socioeconomic, and environmental systems, as well as sectors such as food, energy, trade, and security. Through Tajikistan and Afghanistan flows the Panj River, which is mainly fed by rainfall, snowmelt and glaciers. These two upstream countries are major water suppliers with a minimum level of consumption, and as a consequence, a minimum use of available economic opportunities. Water security is negatively affected by droughts and other negative effects of climate change, as well as deforestation. Moreover, Tajikistan and Afghanistan are among the most vulnerable states to climate change, especially in terms of droughts and floods due to the mountainous landscape. In addition to being vulnerable to droughts, climate change is rapidly reducing water resources, causing prolonged droughts that make traditional farming difficult. The result is that some farmers are growing rought resistant crops such as barley, wheat, etc. Similarly, as a result of climate change, the nature and intensity of floods are also becoming very severe, causing many life losses and considerable harm to the population (UNEP, 2014). Moreover, natural disasters such as debris flows and avalanches damage both neighboring countries. Consequently, weak water management and disaster control can create an implicit risk of conflict, which can undermine stability. In order to strengthen attitudes and governance, the mechanisms of water and water governance at national and international levels need to be considered.
In the Central Asian region, ensuring long-term water security is critical for development, well-being, and sustainability. Droughts, soil degradation, and an increased risk of natural disasters are causing economic hardship in neighboring countries Tajikistan and Afghanistan as a result of the negative effects of climate change and a lack of energy potential.
The purpose of this study is to provide a historical review and analysis of the governance of the transboundary Panj River between Tajikistan and Afghanistan. More precisely, under which legal documents and mechanisms the river is managed.
2. Background
The Panj River, with a catchment area of 114,500 square kilometers, flows along the international border between Afghanistan and Tajikistan. This is a major tributary of the Amu Darya, which eventually flows into the Aral Sea. The mountainous part of the total catchment area of the Panj River covers 107,000 square kilometer, while the remaining part (6,500 square kilometer) is located in the plain. The basin's constituent population from the Tajik part is 1.3 million and from the Afghan part about 4 million (FAO Rome & Kabul). For most of its length, the Panj River is confine to a narrow valley and is note under the name Upper Basin, and then emerges from the high mountains and becomes less confined and it names the Lower Basin.
The river in the Upper Basin is often narrowly confine between high bedrock cliffs, older river terraces, or landslide deposits, leaving little land available for settlement or farming. Human activities in the Upper Basin are therefore concentrated at the margins of braided channels and on alluvial fans—two areas at high risk of dangerous flooding and severe erosion. The Lower Basin is divided into two fan-shaped depressions encircled by bedrock uplands and constrained at their downstream ends(ADB Central and West Asia Working Paper Series No. 6).The national share of the catchment area in the sub-basin of the Panj River is: Tajikistan 65,830 km2 (58 %) and Afghanistan 47,670 km2 (42 %) ( UN, 2006).
The information on the hydrological regime of the Panj River is extremely limited. Due to the closing of the hydrological station on the Lower Panj in 1992, Tajikistan does not measure the water level or flow in the Panj River. Except for the Lake Sarez (located on the Bartang-Murgab-Oksu tributary, which originates in Afghanistan) and the reservoir on the Gunt River (Pamir 1), the water regime of the Panj is not regulated. This leads to large-scale flooding during the summer period (June, July and August), which is considered a high flow period, with an average of about 2,000 m3 /s. ( UN , 2006).
Fig. 1. The Panj River Basin.
Source: Asian Development Bank
History of cooperation among the transboundary Panj River
The Water Code of the Republic of Tajikistan, as well as other legislative acts and international legal acts recognized by the Republic of Tajikistan, govern the Republic of Tajikistan's international water relations with other countries (Nazirov A.A).The government of Tajikistan has said that the abundant water and hydropower resources should be used for the benefit of Central Asian countries through collaboration, as stated in the Concept of Rational Use and Protection of Water Resources of the Republic of Tajikistan. The adoption of this Concept has also been communicated to the UN General Assembly Secretariat.
Transboundary cooperation and consultation
Tajikistan and Afghanistan began cooperating on the use of the Amu Darya's waters in 1873, when the first Anglo-Russian bilateral agreement on the river was signed, establishing a 1,200-kilometer interstate border along the river's southern bank and Panj. Afghanistan has the right to use up to 9 km3 of water withdrawn from the Panj River each year, according to a 1946 agreement between the Soviet Union and Afghanistan.
Later, the Ex-USSR Government and Afghanistan concluded a number of agreements on the Amu Darya. For example, in 1946 a Soviet-Afghan agreement on border issues was conclude between the USSR and Afghanistan, according to which the new border ran along the middle course of the Amu Darya and Panj rivers (O. A. Boyarkina, 2017).
The Afghan and Ex-USSR governments signed an agreement in 1958 regarding their shared border along the Amu Darya, which includes, among other things, the following Article 7.1 in the second part entitled 'Regulations Governing the Use of Frontier (or Boundary) Waters and of Main Roads Intersecting the Frontier Line': According to the Soviet Afghan frontier demarcation and re-demarcation protocols of 1947–1948, the word boundary (or frontier) waters in the Treaty refers to those waters along which the frontier line runs.
2. The contracting parties shall take measures to ensure that the provisions of this Treaty and the special agreements between the Governments of the USSR and Afghanistan are observed in the use of boundary waters and waters that reach boundary waters, and that the mutual rights and interests of both Contracting Parties are respected.
3. In conformity with general principles of international law, paragraph 2 of this article does not apply to those waters of the contracting parties that are national internal waters and are governed by the contracting parties' national laws.
Article 8: Water use of boundary waters up to the frontier line should be permitted to both contracting parties without condition or restriction.
Article 16: Special agreements between the contracting parties govern questions involving the usage of border waters.
Article 17: The competent authorities of the contracting parties shall share as much information as possible about the level and volume of water in boundary rivers, as well as precipitation in the interior of the two parties' territory, in order to avoid danger or harm from floods. During periods of high water, the competent authorities must agree on a mutual signaling system as needed (Impact of Irrigation in Northern Afghanistan on Water Use in the Amu Darya Basin. 2010).
It should be note that these agreements did not deal with joint water use along the Panj and Amu Darya rivers and did not address the issue of interstate water allocation. Considering that the volume of water withdrawal by Afghanistan was estimated to be insignificant at that time, the Soviet Union leadership did not consider it necessary to consider their interest at the interstate level. The issues of joint water use of the river were not considered, and the subject of interstate water allocation was not addressed. Subsequently, in 1987, the Protocol No. 566 set new limits on transboundary water use for the countries along the Amu Darya and Panj, where Afghanistan's share was 2.1 km3 (Protocol No. 566: Improvement of the Scheme of complex use and protection of water resources of the Amu Darya, carried out by the Scientific and Technical Council of the Ministry of Land Reclamation and Water Management of the Soviet Union, Moscow, 10 September 1987).
After the collapse of the USSR, several agreements were concluded on the use of transboundary water resources along the Amu Darya, at that time Afghanistan, due to domestic political circumstances, was not included in the arrangements. Since 2002, the removal of the Taliban government has made it possible for other Central Asian riparian states (CARs) to recognize the water rights and obligations of the Afghan side. It is worth noting that Afghanistan's right to an equitable use of the water resources of the Amu Darya has so far not been recognized by the Central Asian states. There is no evidence that the leadership of the Central Asian states ever considered the possible inclusion of Afghanistan in the established governance structures of the Amu Darya. Since it is a neighboring country, Tajikistan is the only Central Asian country interested in partnering with Afghanistan on transboundary water resources.
There have been a number of discussions between Tajikistan and Afghanistan in recent years. These discussions included a wide range of topics, including integrated water resource management and planning in the Amu Darya basin in general, and the building of hydrological stations and bank protection measures along the Panj River specifically. Despite the positive atmosphere, that has pervaded previous sessions, excellent intentions have been met with little tangible action.
On August 3, 2007, the Minister of Energy and Water of the Islamic Republic of Afghanistan and the Minister of Water Resources and Melioration of the Republic of Tajikistan signed a protocol in Dushanbe referring to and based on the Afghan/ex-USSR Agreement of 1958». The protocol's main and important points are: I cooperation on water sector planning and investment; (ii) Amu Darya bank protection works are being carried out and implemented.(iii) Provision of technical investigation groups for water resources planning in the irrigation and hydropower sub-sectors and facilitation of their works, including ensuring their security. (iv) Assisting in the restoration of former hydrological gauging stations along the Panj river (Impact of Irrigation in Northern Afghanistan on Water Use in the Amu Darya Basin, 2010).
A draught Memorandum of Understanding was also produced in 2007. Representatives from Tajikistan and Afghanistan drafted a Memorandum of Understanding that addressed the following important issues: I the formation of a Joint Working Group. (ii) The establishment of protocols to promote hydrological and related studies. (iii) The provision of support for fruitful cooperation and strengthening the implementation of joint programs. (iv) The exchange of information related to water issues. (v) The implementation of joint bank protection measures. (vi) The training of specialists in water and energy resources management. And (viii) the facilitation of know-how transfer and experience between the two countries(Impact of Irrigation in Northern Afghanistan on Water Use in the Amu Darya Basin. 2010).
Furthermore, another Protocol was signed in Dushanbe on July 14, 2010 between the Ministers of Energy and Water of the Islamic Republic of Afghanistan and the Minister of Water Resources and Melioration of the Republic of Tajikistan. The parties discussed and agreed on a water exchange from both sides of the Amu Darya to give 150 l/s of potable water to the affected population (МКВК, Проект “РегиональнаяинформационнаябазаводногосектораЦентральнойАзии “CAREW IB”, Афганистанв светерегиональногосотрудничествав областиводныхресурсов, Ташкент, 2011).
In 2015, the fifth bilateral meeting between Tajik and Afghan officials and experts in the field of hydrology and environment was held in Dushanbe. The event was sponsored by the UN Economic Commission for Europe and the OSCE Office as part of the programme «Strengthening transboundary cooperation on hydrology and the environment between Afghanistan and Tajikistan in the upper Amu Darya River Basin». Throughout the meeting, the parties reaffirmed their commitment to the course of the 2010 Afghan-Tajik agreement on cooperation in the development and management of the Panj and Amu Darya rivers through joint water projects with equal contribution and respect for the mutual interests of the parties to the agreement. Tajikistan and Afghanistan are upstream countries and consider the Amu Darya primarily as a source of hydropower, although the irrigation sector is also very important, especially for Afghanistan.
Analyses of water governance at different levels
This section discusses the water management system of Tajikistan and Afghanistan, based on existing peer-reviewed literature, government documents, meeting minutes, and semi-structured interviews. Generally, water legislation sets out the roles and responsibilities of actors, and should have the capacity to identify and address emerging gaps, conflicts of interest through effective coordination at all levels of water sector governance.
The Water Code of the Republic of Tajikistan and the Law of the Republic of Tajikistan on Environmental Protection guarantee Tajikistan's national water and environmental policies. Moreover, the Government of Tajikistan, given the increasing need for a more efficient and sustainable form of water resources management, the urgent issues in the country's water sector, and the introduction of advanced internationally recognised institutional and legal mechanisms for water resources management, has decided to reform the water sector of the Republic. Since food security, environmental security and sustainable growth of economic sectors increasingly depend on effective management of available water resources (Ministry of Energy and Water Resources of Republic of Tajikistan).The Water Sector Reform Plan 2016–2025 consists of four sections and 35 activities related to the development of legislation and regulation, the improvement of infrastructure, and the institutional development of the water sector.
As part of the implementation of the water sector reform in Tajikistan, basin areas, including the Panj basin area have organized in order to implement basin management according to the principles of integrated water resources management. It is worth mentioning that without additional support for the implementation of the reform it is not easy to ensure the objective of the reformachieved. Therefore, additional measures are being implemented, including: building the capacity of authorized government agencies in the feald of water use and protection; establishing a National Water Information System, developing international cooperation in the field of water resources; involving water users and civil society in the water use and protection process; and involving cooperation partners and donors in the reform program's implementation (Ministry of Energy and Water Resources of Republic of Tajikistan).
Tajikistan is advancing the Water Sector Reform Program with financial and technical assistance from partner countries and organisations such as the Swiss Agency for Development and Cooperation (SDC), the Asian Development Bank (ADB), and the European Bank for Reconstruction and Development (EBRD).
However, the programme plan has not yet been fully implemented and much more effort is required for transparency of results. It is also worth noting that the Panj River Basin has been organised with ADB financial support (Environmental Performance Review Tajikistan, 2004).
Relatively existing Tajik environmental legislation was created based on laws and regulations that were adopted during the Soviet period. Rather than developing an entirely new body of law from scratch, Tajikistan has consistently made adjustments and additions to the existing legal acts in accordance with the changing environment. In recent years, as a result of significant technical assistance from other countries and active international cooperation, including accession to several UN conventions and regional treaties, environmental legislation has been harmonized with the model regulations recommended under such conventions or treaties (Environmental Performance Review Tajikistan).
Tajikistan has a system of licensing or permitting wastewater discharges and it is issued partially for some industries, but there is no qualitative change in the attitude towards the situation. Since in most cases there is a critical lack of wastewater treatment plants. In the country, about 80 % of the wastewater treatment plants (except in two cities in Khujand and Dushanbe) are badly outdated and do not meet the technical norms ( UNECE, 2018). As a result, significant volumes of wastewater are discharged into water bodies without treatment. A small number of enterprises have autonomous sewage treatment plants and sewage systems. Only industrial enterprises discharge wastewater after primary treatment to wastewater treatment plants. A total of 21 % of centralized water supply systems in the country are not equipped with water treatment facilities, and over 31 % of such facilities do not decontaminate water ( UNECE, 2018). The main national challenge in this area is to improve the quality of treatment of wastewater discharged into natural water bodies from drainage systems. The challenge is the lack of investment in maintaining, repairing, and improving treatment and disinfection systems and facilities. Furthermore, the use of inefficient technology, equipment and poorly functioning treatment and disinfection systems.
Setting Target and Corresponding Action Plan, according to the paper Complete implementation of institutional reforms in the water sector and transition to the IWRM approach are obstacles to the elimination of existing problems within the framework of the Protocol on Water and Health in the Republic of Tajikistan; lack of investment in material and technical support for water supply and sanitation systems, capacity building of authorities at all levels; and underdevelopment of tariff, financial, and taxation policies in the water sector.
Regarding the legal framework for Afghanistan, according to information analyses Government of the Islamic Republic of Afghanistan (GIRoA, 2009), in 2009, Afghanistan formally adopted its water law, consisting of seven chapters, such as Provisions and Institutional Setup, Water Resources Management, River Basin Authorities, Water Use, Water Resources Protection, Dispute Resolution, and Final Provisions (GIRoA, 2009). It is a modern law, based on IWRM principles and aligned with Islamic jurisprudence. It acknowledges water as the public property, free of cost (excluding services cost), drinking water priority, and gives the government the authority for its protection and management.
The Water Law entrusted the Ministry of Energy and Water with setting future objectives and targets for reorganising the water sector and addressing water security concerns.In this regard, the MEW has developed national water policies and strategies, a water use plan to achieve different objectives, the establishment of warning systems to provide flood protection, the collection and analysis of hydrological data, the granting of water use rights, and the establishment, reconstruction and maintenance of different water infrastructures and the formation of WUAs and RBAs. However, according to the interview data, all the above-mentioned measures have been taken but not fully implemented. To date, there is no water policy or strategy in place at the national level to guide the water sector in a relatively long-term perspective. According to the study by Nawid Rasooly (2019), several reasons may contribute to this. For instance, in 2014, Afghanistan found itself in a critical situation when, on the one hand, the international community reduced its support, and a large part of the combined forces left Afghanistan. On the other hand, at the same time, there was a change of government with the National Unity Government at the helm. This change initially led to a lack of incentives for decision-makers in the sector, due to fears over the job security of the new government.
In addition, the Government of National Unity developed the Afghanistan National Development Strategy (ANPDF) in 2017 as the core concept and replaced the Afghanistan National Development Strategy (ANDS), which was the basis for the water sector strategy. Thus, these changes have slowed down the process of developing or updating the water sector strategy. Similarly in Afghanistan, despite large investments in the water sector by the state and international donors, there is still an acute lack of data on the status of the hydrological cycle and the renewable water resources available, as there is no unified system. Consequently, the lack of data has limited the government's ability to develop effective policies to improve sector performance and environmental sustainability (FAO-Aquastat, 2012). Thus, the flood early warning system and flood protection measures remain in a state of neglect.
As has been previously mentioned, international water relations of the Republic of Tajikistan with other neighboring countries are regulated by legislative acts and international legal acts recognized by the Republic of Tajikistan. Tajikistan is an important player in the Central Asian region's discussions about international cooperation on a transboundary river.It is, for example, a member of the Central Asian Interstate Commission for Water Coordination (ICWC), which was established by the Agreement on Cooperation in Joint Management of the Use and Protection of Interstate Water Resources signed in Almaty on February 18, 1992, between the Republics of Kazakhstan, Tajikistan, Kyrgyzstan, Turkmenistan, and Uzbekistan (Положениео МежгосударственнойКоординацииВодохозяйственнойКомиссииЦентральнойАзии, 2008). Furthermore, from 2000 to 2016, the UN General Assembly adopted seven resolutions on water issues at Tajikistan's request and initiative, including the International Year of Freshwater 2003, the International Decade for Action «Water for Life» 2005–2015, the International Year of Water Cooperation 2013, and the International Decade for Action «Water for Sustainable Development 2018–2028 (E.Rahmon, UN Chronicle).
Regarding international cross-border cooperation, Afghanistan with neighboring countries in the region and Tajikistan, as previously noted, started in 1873 on an Anglo-Russian bilateral agreement. This bilateral agreement was concluded on the transboundary Amudarya River.Further, in 2006 representatives of the countries of the Republic of Tajikistan and the Islamic Republic of Afghanistan decided to cooperate on transboundary river water use ofPanj-Amu Daryariver. With the help of international organizations and projects, these bilateral seminars to improve environmental cooperation were held in 2006 and 2007. Following that, on October 25, 2010, the Islamic Republic of Afghanistan and the Republic of Tajikistan signed an Intergovernmental Agreement on Water Resources Cooperation in Kabul. In the framework of this agreement, and with the support of UNECE and the Russian Federation, a Bilateral Meeting on «Strengthening Cooperation between Afghanistan and Tajikistan in the field of Environment and Hydrological Monitoring in the Upper Amu Darya» was organized in Dushanbe in March 2012 (ЕС, НациональныйдиалогповоднойполитикевобластиинтегрированногоуправленияводнымиресурсамивТаджикистаневрамкеводнойинициативы. 2013).
To implement the objective of the 2010 Agreement between Tajikistan and Afghanistan, a National Working Group (NWG) was established by the Committee on Environmental Protection under the Government of the Republic of Tajikistan, as an authorized body, and a Bilateral Inter-Ministerial Working Group (BIMWG) was developed and activated under the supervision of the Ministry of Foreign Affairs. Participants of the National Working Group (NWG) on behalf of the Republic of Tajikistan:
— Ministry of Land Reclamation and Water Resources of Tajikistan;
— Ministry of Foreign Affairs of Tajikistan;
— State Agency on Hydrometeorology of the Committee on Environmental Protection;
— Committee on National Security of the RT;
— Committee on Environmental Protection under the Government of the RT.
Prior to the current political situation in Afghanistan and the management of the new government, the countries developed a draught statute and a list of priorities for the bilateral Technical Working Group (a consultative mechanism of the TWG) on hydrological monitoring and environmental protection; a programme of cooperation for 2013 and beyond was discussed; field training and exchange of practical experience between experts from the two countries was prepared; a draft Atlas on Environmental Monitoring and Hydrological Monitoring has been prepared to assist decision-makers (ЕС, НациональныйдиалогповоднойполитикевобластиинтегрированногоуправленияводнымиресурсамивТаджикистаневрамкеводнойинициативы, 2013). Both countries are members of the World Meteorological Organization (WMO) in Regional Association II, as well as of several conventions, such as the Convention on Biological Diversity, and the Framework Convention on Climate Change, that also contribute to developing the conditions for cooperation and exchange of experience and information.
Furthermore, according to the project «Institutionalizing transboundary water management between Tajikistan and Afghanistan for the Panj River Sub-Basin», there are currently two relevant initial projects of relevance for the promotion of transboundary water management plan in the Panj River Basin. The first “Panj River Basin Water Resources Management Project”, funded by ADB and the Japan Fund for Poverty Reduction, created a process focusing on IWRM principles that led to the development of a river basin management plan and the establishment of agencies responsible for river basin planning. But activities were limited to the Tajik part of the Panj, and therefore not implemented as a transboundary project. The second project is the «Sector Project for the Panj-Amu River Basin» also funded by ADB, which developed a water development plan for the part of the basin that is in Afghan territory (Institutionalizing transboundary water management between Tajikistan and Afghanistan for the Panj River Sub Basin, 2020).
Consistently, the two countries have signed Memorandum of Understanding and protocols concerning the water and environmental sectors. On September 17, 2020 was signed Memorandum of Understanding (MoU) between the National Environmental Protection Agency of the Government of the Islamic Republic of Afghanistan and the Committee for Environmental Protection under the Government of the Republic of Tajikistan on cooperation in the field of environmental protection.
Conclusion
Ensuring diplomatic cooperation is an essential way to achieve sustainable management, stability, and visibility. On basis of the understanding, that water challenges are first and the foremost are management problems. This study conducted a qualitative assessment of the current water management system of the transboundary Panj River, as the main water intake of the transboundary Amu Darya River, between Tajikistan and Afghanistan. Based on the results obtained, analysis of state and non-state documents, protocols it appears that the existing agreements and memorandums on the governance of the transboundary Panj River are still in force but at an unsatisfactory level.
It is worth noting that improving the level of joint water management and mitigating environmental issues still requires efforts and the contribution of government and donor investment. For instance, strengthening the monitoring system on the transboundary river, data sharing between the countries on water forecasts, natural disasters, dam building, and other similar activities. Moreover, involvement of participating all stakeholders in decision-making at the local, national and international levels.
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