Tribunal allows govt some exploratory work in Reqo Diq

Decision is not final and govt has to submit daily report of activities.

LAHORE: The international settlement tribunal in a provisional ruling has allowed the government to conduct some exploratory activities at the disputed Reqo Diq site. The final verdict is yet to come and this is not in any way a victory for either side.

Tethyan Copper Company (TCC) filed for international arbitration in November 2011 after Balochistan blocked the company from mining copper and gold by rejecting its application. TCC had submitted the feasibility report to the provincial government in August 2010 and applied for a mining licence in February 2011.

The International Centre for Settlement of Investment Disputes (ICSID) Tribunal released it decision on provisional measures, on Friday, applied by the TCC in which they had sought to restrain the Balochistan government and Dr Samar Mubarakmand to carry out mining and smelting activities at the site.

The tribunal has asked the Balochistan government to keep the ICSID in the loop of the activities being carried out at the Reko Diq site.

Earlier, TCC in their application had requested to freeze work in the 99 square kilometre area including H/4 block. However, the government replied that they were working in H/4 which was 12 km away from the blocks for which the TCC had filed feasibility. Mubarakmand appeared before the tribunal to explain technicalities regarding the project and said that earliest development of deposits was in the national interest of Pakistan.

Both sides filed extensive briefs and pleadings and several volumes of record in support of their submissions. Earlier, the application of TCC was rejected by the mining authority of Balochistan on the grounds that they had filed feasibility for only 6-sq-km area comprising two deposits whereas they wanted to acquire 99 km that contained 14 deposits.

Published in The Express Tribune, December 15^th, 2012.