GreenCities

Gandak Barrage Strikes: Request for endorsement of an appeal to Prime Ministers of Nepal and India

Date: 22 June 2008

Mr. Girija Prasad Koirala

The Hon'ble Prime Minister of Nepal

Office of the Prime Minister and Council of Ministers

Singh Durbar

Kathmandu, Nepal

Dr. Manmohan Singh

The Hon'ble Prime Minister of India

Government of India

South Block, Raisina Hill

New Delhi,

India-110 001

Ref: Urgent attention to the public strike in the Gandak area 

Your Hon'ble Prime Ministers of Nepal and India:

We, Water & Energy Users' Federation-Nepal (WAFED) and Himalayan & Peninsular Hydro-Ecological Network (HYPHEN), Nepal Policy Institute (NPI), National Concerned Group, Center for Human Rights and Humanitarian Law, Campaign Service Centre - Nawalparasi, Indreni Forum for Social Development-Nawalparsai, Kosi Watershed Coordination Network with other internationally reputed organisations, networks and individuals, are writing to you on behalf of the people of the Gandak of Nepal who have launched an indefinite strike which is now over three weeks old. 

We would like to reiterate that Gandak Barrage is one of the most controversial structures built by the government of India on Nepal-India border in 1964. The Government of Nepal and India had signed the Gandak Irrigation and Power Project Agreement on 4 December 1959 in Kathmandu. Both countries had agreed to construct the barrage, irrigation canals, and head regulators for common benefit-sharing. Consequently, the dry fields of the Indian states of Bihar and Uttar Pradesh have been converted into green and fertile lands, the farmers have been enrich and they have been able to export rice and vegetables. This is all a result of the irrigation provided by the barrage. However, in stark contrast to this prosperity on the Indian side, the barrage has damaged and destroyed Nepali fields on the other side. The Nepali farmers of the area have lost their hitherto fertile land and shelter forever because of inundation. The farmers of Nepal used to export rice and vegetable to India before the barrage was constructed. After the barrage came up they now depend on rice and vegetable imported from India for the sustenance. Due to the barrage, inundation and flood every monsoon have caused extensive submergence and led to incalculable suffering. So far more than 20 thousand people from more than 13 Village Development Committees have been displaced.

Although the agreement was signed for common benefit-sharing between the two countries, clearly the benefits have gone to India and while Nepal and Nepalis have had to suffer its adverse consequences. As much as 97 percent of the water is now used by India while Nepal has to be content with a measly 3 percent. The barrage has, therefore, not only been a tragedy to the people of Nepal, especially local farmers, it has also manifestly violated the principle of common benefit-sharing that was inscribed so unequivocally in the agreement.  It has been established now beyond all doubt that the Gandak Agreement is unjust and does not adhere to the principles of international water course law. Due to this agreement, Nepal has not only lost its due benefit but also has been deprived of its upstream riparian rights. 

Further, India has been guilty of reneging on the agreement in other ways as well. For instance, according to the terms of the agreement, India is responsible for the maintenance, cleaning and siphoning of the barrage. However, in the last 20 years India has not performed this duty seriously and sincerely. Nepali people have been victimised by this severe negligence. 

It is generally and legitimately the case that when people do not get any response from their government, they will choose their own way of remedies. We the undersigned wholeheartedly support the peaceful hunger strike undertaken by the people of the Gandak area in Nepal and endorse their 21 points demand which will give them economic, social and environmental justice. The canal is now their venue of agitation. We salute their commitment to prevent the release of water until the 21 points are addressed. The protestors have the support and solidarity of various national and international organisations, political parties, individuals and people.

We believe that people should have full justice and human rights for their decades-long sufferings. These affected people must be compensated and assured that such criminal forms of development will not destroy their lives again. Under the UN system, various UN human rights instruments and resolutions, local people's priority with respect to natural resources has been widely recognised. Accordingly the people of the Gandak region must have access to their waters and should have decisive role in deciding vital issues such consumptive rights and human-made structures on the river. As Nepal and India are both member states of the UN and are signatories to most of the international human rights and environmental instruments, they must jointly respect the human rights and environmental concerns of both the riparian peoples and communities. Failing this, the affected people will take recourse to remedies that governments of both countries may regret. 

Therefore we strongly demand on behalf of the people of Gandak to repeal the Gandak Agreement and develop a new agreement on the basis of equality and justice. 

CC

Ministry of Foreign Affairs

The Government of Nepal

Sittal Niwas, Maharajgunj

Kathmandu, Nepal

Tel +977-1-4416011/4416012

Fax +977-1-4416016

Ministry of Water Resources

The Government of Nepal

Singh Durbar, Kathmandu, Nepal

Tel +977-1-4211511

Fax +977-1-4227536

Email: mowr@most.gov.np

Ministry of External Affairs

The Government of India

South Block

New Delhi,

India-110 001

Ministry of Water Resources

The Government of India

Room No. 403

Sharam Shakti Bhawan

Rafi marg, New Delhi-110001

Tel +91-11-23710343

Fax +91-11-23710343

E-Mail: jsadm-mowr@nic.in

Kumari Mayawati

Hon'ble Chief Minister of Uttar Pradesh

Lucknow, Uttar Pradesh

India

Tel +91-552-2236181/2239296 

Fax +91-552-2239234/220550

Shri Nitish Kumar

Hon'ble Chief Minister of Bihar

Patna, Bihar

India

Tel +91-612-2223886/2224784

Singed by

1.    Water & Energy Users' Federation Nepal (WAFED)

2.    Himalayan & Peninsular Hydrological Network (HYPHEN)

3.    Nepal Policy Institute (NPI)

4.    Center for Human Rights and Humanitarian Law

5.    National Concern Group

6.    Campaign Service Center-Nawalparasi

7.    Indreni Forum for Social Development

8.    Arun Concerned Group

9.    Kali Gandaki 'A' Affected Area Concerned Group-Syanja

10.    Kulekhani Area Development Society-Makawanpur

11.    Kosi Network