New Delhi:
The World Bank-appointed Neutral Expert has announced that it is competent to decide on the differences between India and Pakistan over two hydropower projects in Jammu and Kashmir, under the Indus Water Treaty – a decision that upheld India’s position and was welcomed by New Delhi on Tuesday.
In a statement, the Ministry of External Affairs (MEA) said “it has been India’s consistent and principled position that the Neutral Expert alone has the competence under the Treaty to decide these differences” pertaining to the Kishenganga and Ratle hydroelectric power plants in the Union Territory.
“The decision upholds and vindicates India’s stand that all seven (07) questions that were referred to the Neutral Expert, in relation to the Kishenganga and Ratle hydroelectric projects, are differences falling within his competence under the Treaty,” it said.
There was no immediate comment from Pakistan on the matter.
In 2022, the World Bank appointed a Neutral Expert and a chairman of the Court of Arbitration regarding the Kishenganga and Ratle hydroelectric power plants, in view of disagreements and differences between the two countries over the 1960 Indus Water Treaty.
The treaty, signed after nine years of negotiations, with the Washington-based World Bank being a signatory, sets out a mechanism for cooperation and information exchange between the two countries regarding their use of the rivers. However, India and Pakistan disagree over whether the technical design features of Kishenganga and Ratle hydroelectric power plants contravene the treaty.
Pakistan asked the World Bank to facilitate the establishment of a Court of Arbitration to consider its concerns about the designs of the two hydroelectric power projects, while India asked for the appointment of a Neutral Expert to consider similar concerns over the two projects.
In a statement on Monday, the Neutral Expert said “having carefully considered and analysed the Parties’ submissions… The Neutral Expert accordingly finds that he should proceed to render a decision on the merits of the Points of Difference.”
“In the light of the foregoing, the Neutral Expert also finds no need to address Pakistan’s second alternative submission,” it said.
In its statement, the MEA said that “having upheld his own competence, which comports with India’s view, the Neutral Expert will now proceed to the next (merits) phase of his proceeding. This phase will culminate in a final decision on the merits of each of the seven differences.”
It also said that India will continue to participate in the Neutral Expert process so that the differences are resolved in a manner consistent with the provisions of the Treaty, which does not provide for parallel proceedings on the same set of issues. It added that it “does not recognise or participate in the illegally constituted Court of Arbitration proceedings.”
“The Governments of India and Pakistan also remain in touch on the matter of modification and review of the Indus Waters Treaty, under Article XII (3) of the Treaty,” it said.
