Instead of Court of Arbitration (CoA), a stance earlier proudly claimed by the Ministry of Water and Power, Pakistan has reportedly agreed on the resolution of a dispute on 330 MW Kishanganga and 850 MW Ratle hydroelectric projects through “mediation”.
A Pakistani delegation headed by Secretary Water and Power Younus Dagha recently visited Washington and held meetings with the World Bank officials with respect to finalization of a mechanism to settle disputes on both hydroelectric dams.
“There is no provision of “mediation” in the Indus Water Treaty 1960, brokered by the World Bank and the Bank cannot pressurize any party to accept such a mechanism,” said former Indus Water Commissioner Jamat Ali Shah who is well aware of each and every clause of the Treaty.
There is an impression in Islamabad that the World Bank did not deal with the case impartially and sided with India.
“It is exceptional that the World Bank accepted two applications of one case. Bank accepted Pakistan’s request for establishment of CoA and at the same time entertained India’s proposal on appointment of neutral expert,” he added.
India has refused to accept, CoA saying that it does not support two legally untenable separate dispute mechanisms.
According to the expert, the World Bank cannot appoint a mediator to resolve the dispute which means that the case would again be placed before the Indus Water Commission.
According to article 9(2), Indus Water Commissioner should either approach the court or appoint a mediator to resolve the dispute but when this forum has already failed to achieve its objective, then there is no question of the opposing parties to the dispute doing so on the wish of the World Bank.
“It would just be a lollypop meant to give further time to India, which is the upper riparian,” Jamaat Ali Shah continued.
Ministry of Water and Power has already shared an entire questionnaire with India and the World Bank but is not ready to share it with the Pakistani media, saying that it is a secret, he added.
The biggest pondage is of Kishanganga which can store 6000-7000 acres feet of water, and does not have a substantial impact on flows to Pakistan given that ultimately the stored water in pondage will have to be released into the river. “India is asking the World Bank to appoint a neutral expert and opposing arbitration but the World Bank replied that the Bank will go for both,” he added.
He argued that if India sets aside all international laws then it would be treated as an aggressor. “We are not going to let India get away with it and regardless of where the water comes from in river Jehlum Pakistan has very serious reservations on the design,” he maintained.
Pakistan’s Commissioner for Indus Waters Mirza Asif Baig recently stated that though India cannot violate Treaty obligations, as stipulated by the Treaty itself, it wants to take maximum advantage of its share. Pakistan can handle this attempt but it must ensure that India does not slowly and gradually nibble away at more than its share.
Baig further argued that in order to gain political or economic advantage India would be prepared to lose diplomatic credibility in the world knowing that this would be a temporary phenomenon. Countries have been known to renounce or ignore international treaties and agreements if they can get away with the consequences. Secretary Water and Power who headed the delegation to Washington DC was not available for comments.
