New Delhi: The Neutral Expert appointed by the World Bank has declared that it is competent to resolve the rifts between India and Pakistan regarding two hydropower projects in Jammu and Kashmir, under the Indus Water Treaty. On Tuesday, this decision, which upheld India’s stance, was hailed by New Delhi.
The Ministry of External Affairs (MEA), in a statement, pointed out that “it has been India’s consistent and principled position that the Neutral Expert alone has the competence under the Treaty to decide these differences” related 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 added. There was no reaction from the Pakistan side on the issue.
Neutral Expert was appointed in 2022
In 2022, the World Bank appointed a Neutral Expert and a chairman for the Court of Arbitration to take up the issues surrounding the Kishenganga and Ratle hydroelectric power plants, in response to the raging disagreements between India and Pakistan regarding the 1960 Indus Water Treaty.
The accord, inked after nine years of negotiations and with the Washington-based World Bank as a signatory, outlines a framework for cooperation and information exchange between India and Pakistan regarding their use of the rivers. However, the two countries have differences over whether the technical design aspects of the Kishenganga and Ratle hydroelectric power plants breach the terms of the treaty.
Pakistan urged the World Bank to facilitate the setting up of a Court of Arbitration to address its concerns regarding the designs of the two hydroelectric power projects, while India called for the appointing a Neutral Expert to evaluate similar concerns about the projects.
On Monday, in a statement, 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”. It added, “In the light of the foregoing, the Neutral Expert also finds no need to address Pakistan’s second alternative submission.”
The MEA, in its statement, 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”.
‘India would continue to participate in the Neutral Expert process’
It also stated that India would continue to participate in the Neutral Expert process to ensure that the differences are resolved in a manner consistent with the provisions of the Treaty, which does not allow for parallel proceedings on the same set of issues. The statement added that it “does not recognise or participate in the illegally constituted Court of Arbitration proceedings”.
It said, “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.”
