Islamabad may ask Delhi for neutral expert: Baghlihar Hydropower project
By Khaleeq Kiani
ISLAMABAD, March 28: Pakistan is expected to ask India early next month that the two countries appoint a neutral expert under the aegis of the World Bank to resolve the dispute over the construction of the Baglihar Hydropower project by New Delhi on the Chenab river in held Kashmir in violation of the Indus Waters Treaty, 1960.
“We have submitted a summary to the prime minister to appoint the neutral expert,” Secretary for water and power Riaz Ahmad Khan told Dawn. He said that India would be formally communicated about Pakistan’s decision to seek remedy of neutral expert to which both parties must agree under the treaty.
Asked whether an official from the World Bank was being proposed to be appointed as the neutral expert, the secretary said it would be decided later in consultation with the other party.
India and Pakistan are in a serious dispute for over four years now on 450-MW Baglihar Hydropower Project which Islamabad believes was being constructed by New Delhi in violation of the 1960 treaty.
Bilateral means of resolving the issue at the level of Permanent Indus Commission (PIC) have already been exhausted and India continued to construct the controversial gate-structure on the Chenab which could deprive Pakistan of more than 7,000 cusec water per day.
India has practically blocked the visit of Pakistan’s Commissioner for Indus Waters (PCIW) despite repeated requests from Islamabad during the last two meetings of PIC.
Informed sources told Dawn that Pakistan wanted to appoint a World Bank official as neutral expert because the bank itself was the guarantor of the treaty which it facilitated the two sides to sign in 1960 to resolve bilateral water dispute.
The summary was prepared by PCIW Syed Jamaat Ali Shah in the light of a recent meeting at the foreign office that was attended by almost all relevant quarters of the Pakistan government including military authorities.
The summary also assigns various responsibilities to relevant ministries and organizations including financing, legal preparations and selection of lawyers to contest the case.
The finance ministry would arrange required funding of more than one million dollars, Attorney-General of Pakistan would suggest a panel of lawyers while Nespak and Wapda would prepare technical and engineering reports.
Indian Commissioner for Indus Commission (ICIC) technically refused in February this year to allow a Pakistani team to visit held Kashmir for physical verification of the controversial 450-mw power project and insisted to continue with the gate-structure.
Pakistan was left with no other option but to invoke Article IX(2)(a) of the Treaty for the appointment of a Neutral Expert to the resolve the problem and protect its rights over Chenab waters.
This would be for the first time since the inception of the treaty 43 years ago that a dispute on the river waters would be referred to the Neutral Expert for resolution. The treaty brokered and guaranteed by the World Bank has even survived 1965 and 1971 wars between the two countries.
Officials believe that India was trying to complete the project by 2004 through dilly-dallying tactics to deprive Pakistan of a river that belongs to Pakistan under the treaty.
