ISLAMABAD – United Nations special experts have issued a charge sheet against India for violating the Indus Waters Treaty (IWT), endorsing Pakistan’s long-standing position on the matter.
In a detailed report, UN special experts expressed deep concern over India’s announcement to place the Indus Waters Treaty “in abeyance,” warning that any obstruction or threat to water flows directly affects the fundamental rights of millions of Pakistanis. The report said such actions jeopardise the rights to water, food, livelihoods, health, a clean environment and development.
The experts stressed that interference in transboundary water rights must be avoided and that water cannot be used as a tool of political or economic pressure. They underlined that no party can unilaterally suspend the Indus Waters Treaty, adding that the agreement remains in force unless both parties formally terminate it through a new agreement. The term “held in abeyance,” used by India, was described as legally vague and ambiguous.
According to the report, India has failed to clearly invoke treaty law provisions related to suspension, while bypassing the treaty’s agreed mechanisms to impose a unilateral suspension is unlawful. The experts noted that disputes must be resolved strictly through the dispute resolution mechanisms outlined in the treaty and termed India’s claim of a “material breach” as weak.
The report further stated that no violation of the treaty by Pakistan has been established. It rejected India’s attempt to link alleged cross-border terrorism to violations of the water treaty, calling such arguments legally irrelevant. The experts observed that the threshold for invoking a “fundamental change of circumstances” is extremely high and cannot be justified solely on population growth or energy needs. India, they said, also failed to provide credible and coherent evidence to justify so-called “countermeasures.”
UN experts warned that blocking water or suspending the treaty is an inappropriate step, as the burden of such actions falls directly on the basic rights of ordinary Pakistani citizens. They clarified that countermeasures do not exempt states from their human rights obligations and must meet strict legal requirements, including prior notice, an offer of negotiations, and proportionality. Countermeasures, they added, are temporary and reversible and cannot justify permanent termination or suspension of a treaty.
The report also highlighted treaty distortions attributed to India, noting that annual meetings of the Indus Commission have not been held since 2022, data exchange has been obstructed, and disputes over settlement clauses contradict the spirit of the treaty. It pointed out that India avoided participation in arbitration proceedings and challenged the treaty’s jurisdiction.
UN special experts have formally sought explanations from India, including possible remedies and an apology, and have demanded a clear commitment to implementing the Indus Waters Treaty in good faith.
They also called on India to outline concrete steps to prevent human rights violations arising from water obstruction and to refrain from infringing Pakistan’s legal and fundamental rights.
The report revealed that India failed to respond to multiple questions raised by UN special rapporteurs, including requests for evidence supporting its allegations, accountability for human harm caused by unlawful actions, compliance with treaty obligations, adherence to dispute resolution mechanisms, and its stance on the peaceful resolution of the Jammu and Kashmir dispute. Due to the absence of any response, the UN special experts proceeded to issue the report.
