India wants new date for talks on Baglihar

Published December 2, 2004

ISLAMABAD, Dec 1: India on Wednesday conveyed to Pakistan that it could not concur to the Dec 6 date proposed for the final round of talks on the contentious Baglihar hydro-power project, suggesting instead that the meeting be held towards the end of the month.

The date was formally proposed to India on Saturday (Nov 27) by Pakistan as a last bid to settle the dispute bilaterally. In a message communicated to Pakistan through its High Commission in New Delhi on Wednesday morning, the Indian government maintained that the talks should take place after it had provided Baglihar project-related data to the Pakistan side, sources told Dawn.

India has indicated that it would provide data pertaining to the project by December 15. India was supposed to provide the data in July according to the understanding reached between the two sides earlier this year.

The Indian response to the proposed date has already been communicated to the Pakistan Indus Waters Commissioner. The government's next move will come after an inter-ministerial meeting that is likely to be convened shortly.

However, there are strong indications that Pakistan will seek the intervention of the World Bank that has brokered the 1960 bilateral water-sharing Treaty and also stands as its guarantor.

A formal notification to the World Bank for appointment of neutral experts may be dispatched soon, it is learnt. The bilateral water-sharing treaty gives both the countries the third party option in case of a deadlock over any issue.

Article IX of the Treaty provides for settling disputes through neutral experts or arbitration if they cannot be resolved between the two Indus Waters Commissioners. Pakistan maintains that the design of the Baglihar dam, being constructed by India on the River Chenab in Jammu and Kashmir, violates Indus Waters Treaty.

Pakistan is mindful of the fact that time is running out on Baglihar and believes India is merely resorting to delaying tactics in an attempt to buy more time. Recent reports from across the border suggest that India has speeded up work at the project site and recruited hundreds of additional civil engineers for early completion of the project.

The decision to have one last meeting on the Baglihar issue was arrived at the November 24 meeting between Indian Prime Minister Dr. Manmohan Singh and Prime Minister Shaukat Aziz in Delhi where the issue was raised by the latter.

Prime Minister Aziz acceded to the Indian request for another meeting to resolve the dispute bilaterally, making it clear that it would be the last chance for India to address Pakistan's concerns.

At the heart of the dispute is the design of India's Baglihar hydroelectric project, which, according to Pakistan's case against it, provides for submerged gated spillways, and therefore Indian control over Pakistani waters in breach of the 1960 Indus Waters Treaty.

Pakistan's main concern is that the gated structure would provide India the capability to manipulate flow of water to Pakistan's disadvantage. One serious consequence is that it would arm India with the capability of causing acute water shortage in Pakistan. Technical experts warn it could deprive Pakistan of up to 8,000 cusecs of water per day.

India has been dragging its feet on the Baglihar issue since May 1999 when Pakistan first objected to its design. India has ignored Pakistan's repeated demands that it suspend work at the project site till the issue is settled. The 450-megawatt Baglihar hydro-power project was launched in June 1999.