Islamabad weighs legal options on Delhi’s breach of Indus treaty
By Khaleeq Kiani
ISLAMABAD, April 18: Pakistan is looking into legal options enshrined in The Indus Waters Treaty, 1960, as it believes India is in breach of the treaty through diversion of Chenab waters in the Indian-held Kashmir.
The foreign office has written three letters to India since early this year seeking a report on an alleged construction of a gate-structure on the Chenab river for diversion of its water in violation of the 1960 treaty, sources said, adding India has not responded to any of the letters yet.
A meeting held here on Thursday “discussed reported construction of Baglihar project by India and noted that the project should not be constructed,” a source said. The meeting, presided over by secretary water and power Mirza Hamid Hasan, was attended by officials of federal flood commission/chief engineering advisor and Pakistan’s permanent Indus waters commissioner.
“The legal options are written in the treaty,” said a source, who refused to discuss further details. He however said that neither there was any official confirmation nor any response from the Indian side despite reports in the media and enquiries by Pakistan government.
“The communication is on between the two commissioners on normal data exchange but nothing on Baglihar project has so far come out,” said the source.
Under the treaty, if the permanent Indus water commissioners from Pakistan and India fail to resolve differences through negotiations, the party concerned can take the issue to the Court of Arbitration under article IX of the treaty.
The seven-member court of arbitration is to be appointed two each by either party and three, including the chairman, from a list of six persons given in the treaty. For the selection of chairman the list include the secretary general of the United Nations or the president of the international bank for reconstruction and development. For the selection of engineer member, the list includes the President of Massachusetts Institute of Technology Cambridge, Mass, USA or The Rector of the Imperial College of Science and Technology, London. The list for the selection of legal members include The Chief Justice of the United States or The Lord Chief Justice of England.
The construction of gate-structure on the Chenab by India is apparently meant for construction of a 450-MW Baglihar Power Project in the occupied Kashmir, the sources said.
The foreign office was asked by the ministry of water and power in February that India was not responding to the relevant channels of PIC that had expressed concern over reports that the decades-old treaty was being violated through a gate-structure.
A visit of Pakistan’s commissioner on PIC scheduled for December 2001 was cancelled at the last moment following refusal by the Indian PIC commissioner to arrange his visit of the areas in the Kashmir region for the inspection of rivers, particularly the Chenab.
A senior official of the power ministry said that India had quoted tense situation and military build-up on the line of control as an excuse to show its inability to facilitate the visit and subsequent inspection.
The two sides had agreed in May last year during annual meeting of PIC in Islamabad that Pakistani commissioner would visit the river areas for verification and till then India would not proceed on the proposed project unless cleared by Pakistan. “At least that commitment has not been honoured by the Indian side,” said a source.
In May last year, Pakistan had formally registered its concern over the construction of Baglihar project with unequivocal stand that existing project design was unacceptable to it.
The Chenab river belonged to Pakistan but India could construct run-of-the-river power projects and the ones that did not divert or reduce the water flow. India had agreed to come up with a revised design and data for further discussion and facilitate visit of Pakistani engineers to inspect the site.
On the question of the gate-structure, the treaty says: “If the conditions at the site of a plant make a gated spillway necessary, the bottom level of the gates in normal closed position shall be located at the highest level consistent with sound and economical design and satisfactory construction and operation of the works”.
