Tipaimukh Dam – A

violation of UN Charter,
Convention and
International rule of laws
Dr. Ismail Hossain
Ameer
Islamic Practice and Dawah Circle,
Australia
hossainmi@yahoo.com
Proposed Tipaimukh Dam
Location
Proposed Tipaimukh Dam
Location-
at 500 m downstream of the confluence of Barak and Tuivai

rivers
UN and International Laws
• CHARTER OF THE UNITED NATIONS
• UN Convention on the Law of the Non-
navigational Uses of International
Watercourses Adopted by the General
Assembly of the United Nations on 21 May
1997
• World Commission on Dam
• Regional treaties, such as Ganges
Treaty of 1977(BNP Govt) and 1996
(Hasina Govt)
 CHARTER OF THE UNITED NATIONS

• CHAPTER I: PURPOSES AND PRINCIPLES

• Article 1
• The Purposes of the United Nations are:
• To maintain international peace and security, and to that end: to take
effective collective measures for the prevention and removal of threats to
the peace, and for the suppression of acts of aggression or other
breaches of the peace, and to bring about by peaceful means, and in
conformity with the principles of justice and international law, adjustment
or settlement of international disputes or situations which might lead to a
breach of the peace;
• To develop friendly relations among nations based on respect for the
principle of equal rights and self-determination of peoples, and to take
other appropriate measures to strengthen universal peace;
• To achieve international co-operation in solving international problems of
an economic, social, cultural, or humanitarian character, and in
promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion;
and
• To be a centre for harmonizing the actions of nations in the attainment of
these common ends.
• http://www.un.org/en/documents/charter/
CHARTER OF THE UNITED NATIONS
SIGNED BY THE Representatives of the
all member Country
• Article 111
• The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall
remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall
be transmitted by that Government to the Governments of the other signatory states.

• IN FAITH WHEREOF the

representatives of the Governments
of the United Nations have signed
the present Charter. DONE at the city
of San Francisco the twenty-sixth day
of June, one thousand nine hundred
and forty-five.( 26/06/1945)
 UN Convention on the Law of the Non-
navigational Uses of International
Watercourses
Adopted by the General Assembly of the United Nations on 21 May 1997.
http://untreaty.un.org/ilc/texts/instruments/english/conventions/8_3_1997.pdf
• Article 2
• Use of terms
• For the purposes of the present Convention:
• (a) “Watercourse” means a system of surface waters and groundwaters
constituting by virtue of their
• physical relationship a unitary whole and normally flowing into a common
terminus;
• (b) “International watercourse” means a watercourse, parts of which are
situated in different States;
• (c) “Watercourse State” means a State Party to the present Convention in
whose territory part of an international watercourse is situated, or a Party
that is a regional economic integration organization, in the territory of one
or more of whose Member States part of an international watercourse is
situated;
• (d) “Regional economic integration organization” means an organization
constituted by sovereign
• States of a given region, to which its member States have transferred
competence in respect of matters governed by this Convention and which
has been duly authorized in accordance with its internal procedures, to
 UN Convention on the Law of the Non-
navigational Uses of International
Watercourses
Adopted by the General Assembly of the United Nations on 21 May 1997.

• Article 5
• Equitable and reasonable utilization and participation
• 1. Watercourse States shall in their respective territories utilutilize an
international watercourse in an equitable and reasonable manner. In
particular, an international watercourse shall be used and developed by
watercourse States with a view to attaining optimal and sustainable
utilization thereof and benefits therefrom, taking into account the
interests of the watercourse and States Concerned, Consistent with
adequate protection of the watercourse.
• 2. Watercourse States shall participate in the use, development and
protection of an international watercourse in an equitable and reasonable
manner. Such participation includes both the right to utilize the
watercourse and the duty to cooperate in the protection and development
thereof, as provided in the present Convention

• Note: Although India is not a signatory to this convention, the resolutions of the convention are used
world-wide as a guide for water resources management
UN Convention Cont……..
Article 7: Obligation not to cause significant Harm
• Watercourse States shall, in Utilizing an International
watercourse in their territories, take all appropriate
measures to prevent the causing of significant harm to
other watercourse states.
Article 8: General Obligation to Corporate
• Watercourse States shall Corporate on the Basis of
Sovereign equality, territorial integrity, mutual benefits and
good faith in order to attain optimal utilization and adequate
protection of an international watercourse.
UN Convention Continue……
Article 11
• Information concerning planned measures

Article 12
• Notification concerning planned measures with possible
adverse effects

Article 20
• Protection and preservation of Ecosystems
World Commission on Dam
(WCD)
• Dams and Development: A New Framework for Decision-
Making. In this Report of the World Commission on Dams,
Commission grouped the core values informing its understanding
of these issues under five main headings:
• 1. equity,
• 2. efficiency,
• 3. participatory decision-making,
• 4. sustainability and
• 5. accountability
• These five values run through the entire report and are the foci of
concerns raised by the evidence presented in the Global Review.
They are also aligned with the international framework of norms
articulated in the UNDeclaration of Human Rights that the
Commission cites as a powerful framework of internationally
accepted standards.
• http://www.dams.org/report/overviews.htm
GANGES WATER SHARING
TREATY, 1977 and 1996
• The basic principles of 1977 agreement were the following :
• Sharing period would be from 01 January to 31 May divided into 15 slots
each having 10 days.
• Sharing was on the basis of 75% dependable flow at Farakka between 1948
to 1973.
• Sharing proportion of Bangladesh and India was 60:40 respectively with a
minimum flow of 34,500 for Bangladesh and 20,500 cusec for India. In case
of decrease in flow at Farakka under extreme situation. Bangladesh was
guaranteed with 80% of its share during each of the slots.
• Regional co-operation for augmenting the flow at Farakka was agreed upon
and the augmented flow would be shared proportionately.
• The basic principles of the recent 1996 treaty are as follows
• The flow at Farakka was calculated on the basis of average flow ( 50%
dependable flow ) for the period of 1948 to 1988.
• Proportion of sharing between Bangladesh and India is 45:55 and in some
cases the proportion will be 30:70
• During the period from 1 March to 31 May the sharing will be on the basis
of so called hydraulic cycle when one side will have 35000 cusec
guaranteed flow and the other side will receive rest of the flow. In such a
cycle when the flow is 50,000 cusec when India will receive 35,000 cusec
and Bangladesh will receive only 15000 cusec.
• when the flow falls below 50,000 cusec no sharing principle will exist,
Bangladesh and India will sit immediately to decide equitable sharing
• The same principles will be applied to the sharing of flow of other common
rivers.
• At a Joint River Commission (JRC) meeting in September 2005, India formally
assured Bangladesh that they would not divert any water for their
irrigation project. If India constructs the dam without the consent of
Bangladesh, it will also be violation of the article 9 of Bangladesh-India
Ganges Water Sharing Treaty, 1996. The Tipaimukh Dam project was entirely
Conclusion

• Construction of the Tipaimukh Dam

must stop now until the
experts from both countries are
undertaking further Legal and
Environmental Impact Assessment
(EIA) and investigations as per
International Rule of Laws
Our Duty if you think you are
Bangladeshi
• Organize public protests throughout the Bangladesh
against Tipaimukh Saga at an interval of time in
front of the diplomatic mission of India and UN
bodies.
• Organize Long Mach towards Tpaimukh dam like the
Farkkah Michil (Procession) towards Tipaimukh dam;
• E-mail to all AusAid/UN/WB/Green Parties all over
the world showing your concern. STOP TIPAIMUKH
DAM ACTION GROUP will sent you sample letter and
e-mail addresses.
• Organize demonstration on Tipaimukh Saga by
Bangladeshi Nationals in front of UNO office, Indian
Diplomatic Missions throughout the World;
• Arrange the Visits of International Environmental
Figures like Algor (Nobel Prize winner), Green Party
of Australia, etc.
Stop Tipaimukh Dam

Thank you All