Byline: Zubeida Mustafa
CAN a river have legal rights as, say, a human being? Why not, a Maori would say. Te Awa Tupua, New Zealand's third largest river located in the North Island, was recognised as a legal entity in March 2017 by an act of parliament. This move came in response to a 140-year-old demand of the Whanganui tribe of the region which has traditionally treated the river as its ancestor. This in effect means that a close link between man and nature has been recognised and man's obligations towards the river his lifeline acknowledged.
This is a unique concept which makes much sense. Within the span of a few weeks, an Indian court followed suit, and the Ganges and Jamna, sacred rivers of the Hindus, were also given legal rights. These initiatives have reinforced the personhood rights of rivers movement, which is rapidly gaining ground worldwide. It has significantly caught the attention of Pakistani environmentalists as well. I first heard of it the other day from Muhammad Ali Shah, the chairperson of the Pakistan Fisherfolk Forum, who spoke of this in his speech on dams at a meeting organised by the Irtiqa Institute of Social Sciences. Who else but the fisherfolk would be the first to ponder the implications of the savage abuse of rivers in Pakistan?
A few facts and figures quoted by Shah should be eye-openers. Of the thousands of rivers in the world, only 292 are defined as large that is, they carry over 1,000 cubic kilometres water but only 21 of them reach the sea. The remaining have been depleted by dams and mega irrigation projects.
The worst form of social injustice in Pakistan can be found in water distribution.
What about Pakistan? The Indus, the only river to reach the sea in the country, is in its death throes. Dams and canals are draining the waterway while garbage and solid waste are choking it. As a result, the sea is encroaching on the delta, strangling the mangroves and affecting the ecological health of the coastline and the river mouth. Pollution is another major enemy of the Indus and its tributaries.
And the dams? According to the International Commission on Large Dams, Pakistan has 150 dams of the height of at least 15 metres, including the world's largest earth-filled dam (Tarbela). Yet we seem to be desperate for another one.
If the personhood rights of the Indus were to be accepted in principle, we would have to ensure that the river is not polluted, no more dams are built on it and water is drawn...