The Round Table discussion entitled “Norms of the international law on transboundary hydraulic facilities and regional problems of their exploitation” was held on 4 March 2009 in Tashkent, Uzbekistan, by the Committees of the Parliament’s Senate on Foreign Policy and on Agriculture, Water issues and Ecology.

Senators, scientists and experts, representatives of involved ministries and departments, NGOs as well as international organizations and diplomatic corp accredited in Tashkent had participated in the Round Table discussion.

Participants expressed their view, according to which rational and efficient utilization of water resources in Central Asia for centuries have been very important factor for normal livelihood and sustainable development of all countries and peoples in the region, and will remain as this for the time to come.

The water basins of Amu-Daria and Sir-Daria rivers are united and unique organisms that ensure water supply and prosperity of all Central Asian states. While determining approaches to solution of problems related to the utilization of water resources, it is necessary to take into account that in the modern world water becomes vitally important substance which can not be substituted by anything and use of which requires diligence. It is unacceptable to make water resources of the region the tool for influence and geopolitical games.

Speakers at the Round Table discussion in their presentations emphasized that during the last several years the problem of rational utilization of water resources has become most acute because of plans to construct giant hydroelectric power stations (HPS) in the upstream waters of Amudaria and Syrdaria rivers that are almost the only source of water for the whole Central Asia.

Any interference in water resources supply and their ecosystem through construction of new HPS and water reservoirs could cause a number of ecologic and socio-economic problems that will be far exceeding the short-term benefits from these projects.

According to the data of the World Wildlife Fund, construction of dams has already forced more than 80 mln. people at the planet to emigrate to other places. Loss of species in freshwater ecosystems is going rather faster than wherever.

In this regard, in case of change of the current state of the transboundary water resources in the region, more than 50 million people from Central Asian countries will face even more massive ecologic catastrophe. Construction of giant HPSs which affect the historically established regime of water use in the region and influence the balance of water resources will inevitably result the further deterioration of problems related to supply of the population and agriculture with drinking and irrigation water. It is obvious that due to interdependence of region’s economies, the most unpredicted consequences of these steps will affect all states of the region.

H.E. Mr. Islam Karimov, the President of the Republic of Uzbekistan, in his statements addressed to the UN General Assembly has repeatedly noted that the Aral Sea crisis has become one of the largest ecologic and humanitarian catastrophes in the history of Mankind. Dozens millions of people living in the basin of the Sea have been affected by this crisis.

Indeed, the Aral Sea catastrophe is the result of human activity’s violence against the Nature and a visual proof of inadmissibility of interference into the ecologic balance in the region.

Initiated by the states of the region, the International Conference “Aral Sea Problems, Their Impact on Gene Pool, Flora and Fauna, and International Cooperation for Mitigating Consequences” was held in Tashkent in March 2008. Representatives of more than 90 international organizations, agencies of the UN, WHO, World Bank, ADB, Islamic Development Bank, biggest state financial institutions of Japan, Germany, China, Arab states, leading research centers participated in the Conference.

The Tashkent Declaration adopted on conclusions of the Conference calls upon all parties involved to restrain from artificial reduction in volumes and mode of natural watercourse of transboundary rivers flowing into the Aral Sea that can result in further deterioration of the ecologic situation in the Aral Sea basin, degradation of health and living conditions of millions of people in the region.

H.E. Mr. Ban Ki-moon, the UN Secretary General, has supported the Tashkent Declaration and other documents of the Conference thus recognizing that comprehensive assistance in implementation of the decisions adopted at the Tashkent Conference is one of important objectives of all countries of the world.

At the same time, it should be noted that not all decisions adopted and supported by the United Nations are implemented in practice.

Regretfully, necessary level of coordination among countries of Central Asia on approaches to settlement of this enormous problem that directly relates to mitigation of the Aral Sea tragedy does not exist presently.

Under the current political and socio-economic conditions, one of the most reasonable ways to ensure well-being in the region is to implement the principles of protection of eco-system and mutually coordinated management of water resources in Central Asia.

Therefore, the interests of all states as well as environmental and ecological validity of projects should be guaranteed during the entire process of their construction. New HPSs should not in any way alter the necessary balance and the regime of utilization of the transboundary rivers waterflow by all states located in the basins of Amudaria and Syrdaria rivers. These considerations should be the imperatives and must be thoroughly considered while taking decisions on utilization of transboundary rivers flow especially when one considers construction of giant HPSs. 

Strict observance of international law norms, which regulate protection and utilization of transboundary watercourses, is of particular significance.  The UN conventions on these issues dated 25 February 1991, 17 March 1992 and 21 May 1997, demand from all States “to ensure that transboundary waters are used in a reasonable and equitable way, taking into particular account their transboundary character, in the case of activities which cause or are likely to cause transboundary impact”.

Agreement among the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Uzbekistan, the Republic of Tajikistan and Turkmenistan on cooperation in the field of integrated water management and protection (Alma-Ata, 18 February 1992) requires every party to avoid on their territory any actions that damage interests of others and cause them harm as well as bring to change of agreed water use volumes.

As a whole, the analysis of the Central Asian countries’ legal system shows that the national legislation in every state provides the priority of the international law over national one on any dispute in the field of transboundary rivers water flow management.

In this context, the position of Uzbekistan - that the projects on construction of new giant HPSs in the upstream flow of Syrdaria and Amudaria rivers, which will further deteriorate the condition of the Aral Sea and adjacent areas, should pass a mandatory independent international expertise - fully corresponds to the international norms contained in respective UN Conventions, multilateral and bilateral agreements of the Central Asian countries.

Only after the international independent expertise, which must answer the two questions - how construction of such HPSs would affect ecology in the region and would the normal flow of the rivers be unaltered - the issue of joint construction of new hydro-stations can be discussed.

Representatives of a number of public organizations also paid attention to the potential threats related to construction of new HPSs in the upstream waters of Amudaria and Syrdaria rivers due to high seismicity in the region that has been rising in recent years.

Discussants pointed out at the special role and responsibility of universal international organizations, primarily the investors from third countries as well as the United Nations, the World Bank, the Asian Development Bank, in ensuring proper multilateral cooperation on reasonable utilization of water resources in Central Asia as the most important factor for sustainable development of the region, its stability and prosperity.

Taking into account the significance of proper settlement of water problems for the sake of existing and future generations, participants of the meeting expressed their opinion in favor of strict implementation of universally recognized norms related to the utilization of transboundary rivers as well as multilateral agreements signed by Central Asian countries. These agreements are the base for bilateral and multilateral rules of rational use of HPSs in the basins of the two major rivers - Syrdaria and Amudaria.

Discussants at the round table discussion especially underlined the importance of coordinated and thoroughly considered policy of ecologic education aimed at strengthening of public understanding of the value of water resources as the basis for life, which should never become the source of problems in international and interstate relations in the broader sense.