30 January 2005	Sunday	19 Zilhaj 1425

ISLAMABAD, Jan 29: Pakistan expects an early appointment of a neutral expert by the World Bank under 1960 Indus Waters Treaty to consider differences with India over construction of Baglihar dam on river Chenab , a senior government official told Dawn here on Saturday.

"The World Bank is a professional institution and we expect that it would appoint the neutral expert as soon as possible," the official said, confirming that the bank had received the required documents from the government.

Reports emanating from here suggest that the bank has received the document from Pakistan on Friday.

He did not want to be specific as to what the documents comprised but said they mainly consisted of technical specifications and relevant provisions from the Indus Waters Treaty to be invoked.

On Jan 18, the bank had received request from the government to appoint the neutral expert under the provisions of the treaty and requested that Pakistan should also share with it a record of the actions taken prior to the request to ensure meticulous compliance with the treaty by all parties.

Under the terms of the treaty, several prior steps are required before the bank's role in appointing the neutral expert.

A first step could be that any 'question' between the parties to the treaty be resolved through the permanent Indus Commission itself. If the question is not resolved there, it becomes a 'difference' and is referred to the neutral expert, to be appointed by the two countries, or by a third party agreed upon by the two countries.

In the absence of such agreement, the appointment of the neutral expert would be made by the World Bank, in consultation with the two countries. This consultation would seek as far as possible to reach consensus within a reasonable time, in the absence of which the bank has an obligation under the treaty to appoint the neutral expert.

The treaty also required from the bank to manage a trust fund to meet the expenses of the neutral expert.

A role is also required from the bank by establishing a Court of Arbitration. If the 'difference' does not fall within the mandate of the neutral expert, or if the neutral expert rules that the 'difference' should be treated as a 'dispute', then a Court of Arbitration would be established, the treaty says.

A Press release issued by the World bank from Washington adds: according to the Treaty, the remaining responsibilities of the World Bank are:

One, a role for the World Bank in the appointment of a Neutral Expert. The first step under the Treaty is to resolve any "question" through the Permanent Indus Commission itself. If the "question" is not resolved there, it becomes a "difference" and is referred to a Neutral Expert, to be appointed by the two countries, or by a third party agreed upon by the two countries. In the absence of such an agreement, the appointment of the Neutral Expert would be made by the World Bank, in consultation with the two countries.

Two, the management by the World Bank of a trust fund to meet the expenses of a Neutral Expert.

Three, a role for the World Bank in the establishment of a Court of Arbitration. If the "difference" does not fall within the mandate of the Neutral Expert, or if the Neutral Expert rules that the "difference" should be treated as a "dispute", then a Court of Arbitration would be established. The role of the World Bank, along with other institutions such as the Secretary General of the United Nations, is to participate in the selection of three appointees to the seven-person Court. The parties to the Treaty each select two members of the Court. The World Bank itself plays no part in the actual hearing or determination of the issues before the tribunal.