The Statement by the Foreign Ministry of the Islamic Republic of Iran on Water Rights from the Helmand River

Yesterday, we witnessed the issuance of a statement by the ruling body in Afghanistan.

 

The declaration dated 18 May, 2023 by the Afghan side about the Helmand River water rights contains contradictory and incorrect information, and the Ministry of Foreign Affairs of the Islamic Republic of Iran strongly rejects it.

The Helmand Treaty signed between Iran and Afghanistan, dated February 20, 1973 has clearly and unambiguously specified the Iranian side’s water rights from the Helmand River. This is a legal, objective and definite right, and Afghanistan is committed to providing the aforementioned right and not taking any action, which fully or partly strips Iran of its water rights, under Article 5 of the Treaty.

Although the Afghan rulers,

in the past year and half, have repeatedly emphasized adherence to their obligations under the Treaty, in practice, they have failed to honor the obligations arising from the Treaty to provide the necessary cooperation in the release of the water flow and realization of Iran’s water rights, and to allow Iran access to its water share.

Numerous statements for justifying the non-delivery of the legal rights of the Islamic Republic of Iran, including the issue of drought and water depletion in Helmand, require expert reviews, according to the provisions of the Treaty, and those statements have not been yet verified by the experts of the Islamic Republic of Iran; therefore, adopting such positions is unlawful and unacceptable.

As long as the experts of the Islamic Republic of Iran are not allowed to visit the route and upstream of Helmand as part of the Treaty — especially Article 5 of Protocol No. 1 of that Treaty — any comment regarding the depletion of Helmand’s water is not accepted.

The Islamic Republic of Iran has always emphasized technical cooperation and study in the area of exploration through the water commissioners of the two sides, and demanded a detailed investigation of the water situation in Helmand and provision of the Iranian side’s quota in accordance with the Treaty.

Continuing to fill the diversionary Kamal Khan dam, deviate the natural course of the Helmand River and disrupt the river’s natural conditions, in addition to the non-cooperation of the Afghan authorities in determining the locations of water delivery and installing technical systems related to water level measurement, are clear violations of Articles 3, 5 and 6 of the Helmand Treaty and cannot be justified by issuing mere political statements.

With good will and in the light of the principle of good neighborliness, the Islamic Republic of Iran, in the past year and half, has negotiated with the Afghan authorities about various issues in the relations between the two countries, including the implementation of the Helmand Treaty and the provision of Iran’s water rights. So far, negotiations and talks have been held in a friendly atmosphere while adhering to the principle of good neighborliness, and efforts have been made to resolve all issues, including that of the water rights, based on the conditions and interests of the two parties.

The Ministry of Foreign Affairs of the Islamic Republic of Iran emphasizes that the statements and positions of the authorities of the Islamic Republic of Iran regarding the Helmand River are completely legal and in harmony with the Helmand Treaty, the conditions governing the river, and the expert and technical opinions, and they have always respected the principle of good neighborliness and neighborly rights.

Non-adherence to the Treaty and non-provision of Iran’s Helmand water rights on the part of Afghanistan and issuing political statements without practical action are not acceptable in any way. The Islamic Republic of Iran reserves the rights to take necessary measures and emphasizes the full responsibility of Afghanistan in this regard