Sunday, May 18, 2003
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By B. Muralidhar Reddy
The routine meeting assumes special significance as for the first time in the history of the four-decade-old accord Pakistan has threatened to refer a dispute on interpretation of the Treaty to a neutral observer. After the two sides failed to arrive at an understanding in February on the technical design of the Baglihar Hydroelectric Project on the Chenab River, Islamabad had said that it would seek arbitration by a neutral expert. The Indian Commissioner for Indus Waters has intimated his Pakistani counterpart about the four-day meet in New Delhi. The communication came close on the heels of a two-week notice issued by Pakistan last week requiring India to take a decision on the appointment of a neutral expert to resolve the Baglihar project dispute. The Pakistan Commissioner for Indus Waters, Syed Jamaat Ali Shah, will lead his country's delegation, which will include technical experts and a legal adviser from the Foreign Office. Pakistan had sought dates for the meeting of the Permanent Commission on Indus Waters (PCIW) through a written communication about two weeks back. The last regular meeting was held in New Delhi in 2002 from May 30 to June 1. The PCIW meets once a year to exchange data on water and weather-related issues. A special meeting of the PCIW was held here early February on Pakistan's request. The session was convened to address Pakistan's reservations on the Baglihar project being constructed by India on the Chenab. However, the talks failed and Islamabad decided to seek the intervention of neutral experts for arbitration of the dispute. The Indian officials' refusal to change the project design as proposed by the Pakistan experts led to the breakdown of talks. Pakistan's position has been that the 450MW Baglihar project design is in violation of the 1960 Indus Waters Treaty. Pakistan's main concern is that the gated spillways provided for in the Baglihar project would give India the capability to manipulate the flow of water to Pakistan's disadvantage. Technical experts believe this structure would allow India to increase its storage capacity, while reducing the flow of Chenab waters from 8,000 to 7,000 cusecs per day in Pakistan. The bilateral water-sharing Indus Water Treaty, executed in 1960 under the aegis of the World Bank, gives both countries the option of third party arbitration in case of a deadlock over any issue. Article IX of the Treaty provides for settling disputes through neutral observers or arbitration if they cannot be resolved.
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