The way the Baglihar issue is being handled by Pakistan gives the impression that it has been compromised for political reasons. At a time when water shortages is threatening the provincial harmony
, turning-off eyes from it is tantamount to handing over the rights of our legitimate 8000 cusecs of water daily to India.
Water of the Indus river system is Pakistan's lifeline. This issue is more crucial to the country's survival than Kashmir. An early settlement is essential to refrain India from altering water of our western rivers.
The three-day talks between the water commissioners of India and Pakistan followed by the secretary level parlays to iron out the differences over the construction of 450 MW power project over river Chenab ended without any resolution. The controversial dam, near the village of Baglihar, 150km north of Jammu is scheduled for completion by the year-end.
Pakistan appears to have put its threat to take the issue to the World Bank - which brokered the 1960 treaty governing the water issue - on the backburner. Whether the post-Saarc meeting spirit has anything to do with it or not, India is happy with this uncalled for leniency by Pakistan.
The softened stance of Pakistan reflects a change in attitude. Pakistan had served two notices to India asking it either to remove the objections or appoint a neutral expert.
The meeting between the Indo-Pak water commissioners was held at the instance of India after Pakistan informed New Delhi of its intention to approach the World Bank to arbitrate over the issue.Both these meetings were seen as crucial steps toward the bilateral resolution of the four-year-old dispute.
Unfortunately, no miracle took place as India refused to stop work on the project and also parroted its previous stance of continuation of open-ended bilateral talks without a timeframe. India has been dragging its feet over the Baglihar issue since May 1999 when Pakistan first objected to its design.
It has postponed almost half a dozen times inspection tours of the site requested by Pakistan and obliged a day before the expiry of deadline to arrange the visit in October last.
By not allowing Pakistan to visit the project site for almost four years, India has violated the Article VIII (4) (c) and (d) of the Indus Water Treaty. The Article VIII (4) (c) and (d) stand for cooperative arrangements, including a general tour of inspection once in five years to ascertain facts connected with various development work on rivers.
Clause (d) stipulates a tour of inspection of such works or sites in the rivers as may be considered necessary to ascertain the facts connected with those works and sites. Such a tour would have to be undertaken on the request of either commissioner.
Pakistan had stiffened its stand after the visit of experts as the inspectors found physical and technical evidence of violation of the treaty.
The option for India thus is to redesign the project according to the treaty's requirements in order for Pakistan to have its full share of Chenab waters which is used for irrigation in eastern Punjab province.
Despite pronounced commitment, the Indian authorities have not taken any initiative. Pakistani agencies, professionals and experts have expressed concern on the Indian attitude. Pakistan has been trying to settle the issue since long.
In the past the two countries resolved their differences on the Salal dam and Wuller barrage through mutual agreement. But now faith appears to be missing. It will be a mistake if the Baglihar issue is resolved without invoking the article (IX) of the treaty which provides dispute settlement through a neutral observer or arbitrator.
Water sharing from the common international rivers is not new in the world. It is legitimate if Islamabad protests Delhi's plan which threatens the livelihood of millions of people downstream in Pakistan. Reacting to the prolonged pause in settling the issue, the World Bank has reportedly sought reports from India and Pakistan. The two have lost the chance to name neutral experts. Now the World Bank will name the experts.
It will be better to resolve the issue at a bilateral level. Arbitration is a costly affair; besides, it would also create bad blood. But the Indian obstinacy has left with arbitration, only.
To stop India from reaping benefits from the deadlock, Pakistan must raise a final dialogue by asking India to suspend work on the project and start negotiations in a fixed timeframe. The government must invoke article (IX) of the Indus Water Treaty immediately, if India tries to avoid or delay this process further.
