Pakistan

Legal bindings: ‘Prior dispute resolution key to all Indus projects’

Expert says World Bank does not allow Pakistan funding for any such project over India’s objections

Our Correspondent April 07, 2017

PHOTO: FILE

ISLAMABAD: Legal interpretations by the International Court of Arbitration bars the construction of any Indus Water Treaty project without prior dispute resolution and these elucidation of international law are binding upon both Pakistan and India, signatories to the treaty.

These views were expressed by Shamila Mahmood, an international law and development expert, at the session titled ‘Kishanganga and Ratle Projects: Deliberating on IWT’s Dispute Resolution Mechanism and the Way Forward’, held at the Institute of Policy Studies (IPS) here on Wednesday.

Other speakers at the session included Ashfaq Mahmood, a water and energy expert and former federal secretary for water and power and Mirza Hamid Hassan, another former secretary water and power and member of the IPS-National Academic Council.

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Shamila Mahmood said that India always raised objections on projects in the disputed territory, claiming that they required NOCs (No-Objection Certificates).

The World Bank, she said, had always supported India’s version.

“When Pakistan raises similar questions over Indian projects, one of the responses it always gets is that the project will not affect Pakistan. This, however, is incorrect because such projects do affect Pakistan because it is a lower riparian (country).”

According to her, it was also essential to keep within parameters set by the treaty itself.

“When the World Bank does not allow Pakistan funding for any such project over India’s objections, the case should be taken up against the World Bank because it is not in accordance with human rights.”

She said that even in the case of the Ratle project, India was ignoring an international decision.

“India has to honour the arbitration determination,” she said. “Its own domestic laws stress on honouring the arbitration determination, but it deliberately ignores this to suit its interest.”

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Shamila believed that Pakistan should take a firm stand, exerting pressure on the World Bank to remain within its mandate and pursue and resolve the matter without any delay.

Ashfaq Mehmood said that Pakistan’s biggest failing regarding water issues with India were that “we did not strategise well”.

“We didn’t (learn) from our past failures and did not lobby our points effectively at international level.”

India, he said, had strategically halted the process at the Indus Water Commission level while Pakistan had not been proactive by denying India time for construction.

The commission, he said, was not able to move forward on both Kishanganga and Ratle projects.

“Pakistan has been passive against the Indian violations of the Treaty,” he said.

COMMENTS (2)

vinsin | 7 years ago | Reply Kishanganga already completed and rattle will get complete by next year. Yes it is true that Pakistan need "no objection certificate" for construction of DAMS in PHK but India doesnt for IHK but that was the decision taken and accepted by both the parties. There is some contradiction. Treaty cannot be changed so both parties must adhere to it, Pakistan trying to build dams without NOCs would jeopardise treaty and Indian dams should be limited proscribed by the treaty.

SNKN | 7 years ago | Reply Pakistan has to press the issue harder and not let India violate the Treaty....not addressing it will lead to grave consequences for Pakistan and for India!!

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