Equitable Benefit-Sharing and Participatory Justice in the Indus Basin: Transforming the Indus Water Treaty for a Rights-Based Green Transition

https://youtu.be/DfvHDyLLnU4

This paper proposes a rights-based blueprint for embedding equitable benefit-sharing and participatory justice within the existing legal architecture of the Indus Water Treaty (IWT), repositioning it to meet the contemporary demands of a just green transition. While historically lauded for providing stability in cross-border water allocation, the IWT currently lacks explicit provisions safeguarding the socio-economic rights of marginalized riparian communities affected by emerging renewable-energy initiatives, including hydropower and irrigation modernization. Through critical analysis, the paper identifies strategic opportunities within the IWT’s dispute-resolution mechanisms and institutional frameworks to operationalize equitable benefit-sharing principles, emphasizing the treaty’s untapped potential for safeguarding rights and livelihoods. Insights from Gilgit-Baltistan and Punjab provinces highlight existing community vulnerabilities, illustrating how targeted benefit-sharing measures—such as mandatory Human-Rights Impact Assessments (HRIAs), community-controlled revenue-sharing schemes, and grievance-redressal mechanisms—could mitigate negative impacts and enhance social equity. A practical roadmap is developed for supplementing the IWT with new protocols or soft-law instruments, drawing upon comparative frameworks such as UNCITRAL’s Model Legislative Provisions on Public-Private Partnerships, ASEAN’s emerging water governance accords, and international best practices in participatory justice. Ultimately, the paper positions equitable benefit-sharing not merely as a corrective measure, but as an essential component of an inclusive, rights-centered approach to regional water governance and renewable-energy transitions, setting a replicable precedent for international river basins pursuing decarbonization in contexts marked by historical inequities.

Keywords: Indus Water Treaty; Equitable Benefit-Sharing; Human-Rights Impact Assessment; Participatory Justice; Green Transition; Riparian Rights; Transboundary Governa