Sajid Raina
New Delhi, Jan 21: In a big setback to Pakistan a World Bank-appointed neutral expert has extended support to India on the framework to resolve certain disputes between the two neighbours on Kishenganga and Ratle hydroelectric projects.
The Ministry of External Affairs (MEA), has welcomed the decision by the World Bank-appointed neutral expert, International Commission of Large Dams president Michel Lino, who stated that he is competent “to render a decision on the merits of the Points of Difference” between India and Pakistan on the two hydropower projects under the Indus Water Treaty.
India has consistently maintained that the neutral expert alone has the authority to address the concerns surrounding the Kishenganga and Ratle hydroelectric power plants.
The World Bank had appointed the neutral expert and a Chairman for the Court of Arbitration in 2022, following the impasse between India and Pakistan over the projects.
While Pakistan had requested the establishment of a Court of Arbitration to resolve the issue, India had sought the appointment of a neutral expert, arguing that the matter could be addressed by such an expert rather than through arbitration.
The neutral expert’s statement clarified that he would proceed with evaluating the merits of the case based on the differences submitted by both countries.
The MEA today said that India’s consistent position has been that the neutral expert has the sole authority under the treaty to address these concerns.
The statement said that the neutral expert had found all seven points raised by India in relation to the two projects to be within his jurisdiction. As a result, India views this as a validation of its position on the matter.
The MEA also said that India would continue to engage with the neutral expert process, aiming for a resolution that adheres to the treaty’s provisions. India also reiterated its stance of not recognizing the Court of Arbitration established by Pakistan, considering it to be an illegal proceeding.
The MEA’s statement also referred to the ongoing dialogue between the two countries concerning potential modifications and reviews of the Indus Water Treaty, as provided for under Article XII(3) of the agreement. The treaty allows for such revisions if both nations agree to it
Notably, the dispute centers on the Kishenganga and Ratle hydroelectric power plants, which both countries have been debating in relation to the provisions of the 1960 Indus Water Treaty.
The treaty, which governs the use of water from the Indus River system, includes mechanisms for cooperation and dispute resolution between India and Pakistan.
The disagreement revolves around whether the technical design aspects of the two power plants violate the terms of the treaty.
In 2015, Pakistan had sought the appointment of the neutral expert to deal with its objections to the two projects. However, a year later, Islamabad demanded that the objections be handled by the court of arbitration. India has been cooperating with the neutral expert but stayed away from proceedings of the Permanent Court of Arbitration in The Hague.
New Delhi considers the start of the two concurrent processes to resolve the dispute a violation of the provision of the graded mechanism prescribed in the IWT. India and Pakistan signed IWT on September 19, 1960 after nine years of negotiations with a sole aim to manage issues relating to cross-border rivers.
