Published :
Updated :
For all latest news, follow The Financial Express Google News channel.
The recent flooding in Bangladesh, which began on August 21, 2024, has created tensions between Bangladesh and India, specifically concerning the operation of the Dumbur Dam on the Gumti River in Tripura. This incident raises critical questions regarding international law and the obligations of nations to manage shared water resources.
The flooding in Bangladesh occurred due to a combination of rainfall that had not been seen before and the sudden release of water from the Dumbur Dam by the Indian government's decision, which had not been opened for 31 years.
According to the Indian government, the dam's operation was necessary due to heavy rainfall in the watershed areas, which contributed to rising water levels. However, many Bangladeshi officials and citizens have accused India of acting ignorantly and without appropriate warning, leading to significant damage and displacement in regions such as Feni, Noakhali, Chittagong, and Cumilla.
This point of opening the Dumbur Dam without any prior to India's neighbouring country, our nation, is a reasonably questionable point that needs to be noted here.
The Violations of international law
Under international law, the situation presents a number of legal issues, notably in relation to the management of transboundary water resources. Important frameworks that could have been broken in this case include:
The United Nations Convention on the Law of Non-Navigational Uses of International Watercourses (1997)
This accord emphasizes the necessity of collaboration between governments sharing watercourses. States are required under Article 5 to use international watercourses in a way that respects other states' rights. One could argue that this commitment has been broken if prompt notifications regarding the dam's functioning have yet to be given.
The Helsinki Rules on the uses of the waters of international rivers (1966)
According to these regulations, governments that share an international river have to take other riparian states' interests into account. Flooding in Bangladesh was caused by the dam's opening without prior notice, which may be seen as a disrespect for these values and a breach of Bangladesh's rights as a downstream state.
The Convention on Biological Diversity (1992)
This treaty requires parties to prevent environmental harm that could impact adjacent countries despite its primary concentration on biodiversity.
The operation of the dam results in floods that affect not just human populations but also local ecosystems, thereby constituting a breach of this agreement.
The International Covenant on Economic, Social and Cultural Rights (1966)
The right to a sufficient standard of life, which includes food and housing, is recognized by this covenant. Significant agricultural land loss and displacement as a result of the flooding may violate the covenant rights of the impacted populations.
Implications for Bangladesh-India Relations
There have been calls for a bilateral discussion to resolve these water-sharing disputes, along with recommendations to establish a high-level group to manage flood risks cooperatively.
The Indian Ministry of External Affairs has denied allegations that the dam's operation exclusively caused the flooding and instead attributed the condition to the region's abundant rains.
This declaration emphasizes how complicated the situation is as both countries struggle to deal with the effects of climate change and the requirement for efficient disaster management plans.
Opening the Dumbur Dam by India caused a heartbreaking flood in Bangladesh, causing the people of Feni, Noakhali, Chittagong, and Cumilla to face deaths and inhuman living; this disaster depicts the picture that how important it is for countries that share water resources to cooperate, effectively communicate and take decisions mutually.
In addition to putting millions of lives in danger, destroying their residents, and damaging their regular livelihood, the possible offences of international law provide a severe obstacle to regional diplomatic ties.
It will be crucial to address these problems via communication and respect to international legal frameworks in order to promote sustainable water management techniques and avert further hostilities.
Samiha Mamun is an undergraduate student at the Army Institute of Business Administration (Army IBA), affiliated with the Bangladesh University of Professionals in Savar, Dhaka. She can be reached at samihamamunmeem@gmail.com