The Ministry of External Affairs (MEA) on Tuesday welcomed the decision of a World Bank-appointed “neutral expert” which upheld India’s stand after Pakistan raised several questions in relation to the Kishenganga and Ratle hydroelectric projects in Jammu and Kashmir on matters related to the Indus Water Treaty (IWT).
While India demanded resolution of the issues by the neutral expert as mandated under the IWT between New Delhi and Islamabad, Pakistan reached out to the Permanent Court of Arbitration in The Hague to resolve it.
India signed the IWT with Pakistan on September 19, 1960 under the leadership of then Prime Minister Jawaharlal Nehru after nine years of negotiations with the aim of resolving issues relating to cross-border rivers.
“India welcomes the decision given by the Neutral Expert under Paragraph 7 of Annexure F to the Indus Waters Treaty, 1960,” the Ministry of External Affairs said in an official statement.
“The decision upholds and vindicates India’s stand that all seven 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.
MEA’s response came hours after the neutral expert International Commission of Large Dams president Michel Lino ruled that he is competent to render a decision on the “merits of the Points of Difference” between India and Pakistan on the two hydropower projects.
Initially in 2015, Pakistan sought the appointment of the neutral expert to deal with its objections to the two projects in Jammu and Kashmir. However, in 2016, it changed its stance and pitched that the objections be handled by the court of arbitration.
“It has been India’s consistent and principled position that the neutral expert alone has the competence under the treaty to decide these differences,” the MEA said in the statement.
“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,” it added.
The ministry, however, said India and Pakistan also remain in touch on the matter of modification and review of the Indus Water Treaty.