11-08-2009, 06:05 AM
Sunday, November 08, 2009
By Dilshad Azeem
ISLAMABAD: Pakistan is all set to move the World Bank (WB) for appointment of a neutral expert instead of opting for the Court of Arbitration on the Indian Kishanganga Hydropower Project.
“The WB-appointed neutral expert is our top most priority after receiving a discouraging response while exercising bilateral channels as the Indian project is being built to divert River Jhelum water,” sources told The News here on Friday.
The sources pointed out that the Permanent Indus Water Commission (PIWC), appointing two negotiators from each side, proved merely time buying moves of India.
“It will also be a futile exercise if Pakistan opts for court of arbitration consisting two nominees from each country and three mutually agreed ones, and, we can ill-afford to give more and more time to New Delhi to go ahead with its controversial project,” they elaborated.
The Indus Waters Treaty (IWT) 1960 provides appointment of a neutral expert by the World Bank as a last option to resolve water related matters, and, there are several disputes on the water entering Pakistan from Indian territory.
“We are examining the possibility of invoking the option of neutral export instead of court of arbitration,” a Foreign Office spokesman confirmed to this correspondent when contacted.
The FO spokesman maintained that the Pakistan government along with experts was working seriously on an urgent basis to go for a neutral expert appointment since India was wasting time while engaging us in step-by-step process.
“Should India continue to prevaricate and procrastinate first?” he questioned while referring to the water dispute between Islamabad and New Delhi with almost a 30 per cent existing water shortage in Pakistan for ongoing Rabi crop season.
Pakistan first tried to resolve the problem at PIWC, the only body between two neighbouring rivals, secondly called for negotiators and then comes the option of court of arbitration. “We do not believe that India will agree within one month under IWT 1960 to nominate its members for the arbitration court.
“This is too serious a matter and Pakistan cannot afford to sit back and allow India to continue violating the IWT,” the spokesman said.
In response to a question, Abdul Basit said he was not in a position to give exact time-frame as to when Pakistan will move the WB for appointing a neutral expert whose findings will be binding both on Pakistan and India on water issues.
Jawaharlal Nehru and Ayub Khan had inked the historic treaty in Karachi with the WB as a guarantor after the then WB President Eugene R Black, agreed to act as a conduit of agreement between the two states.
The PIWC Commissioner for Pakistan, Syed Jamaat Ali Shah ,said Pakistan was moving ahead with the relevant clauses of the treaty. “And next step is establishment of a court of arbitration.”
He, however, referred to the Foreign Office for furtherance on the Kishanganga project while saying it was now before the Government of Pakistan to handle after the India did not agree to the PIWC platform.
“And if the issue is not settled on the platform of court of arbitration, Pakistan can exercise the option to move the WB for appointment of a neutral expert.
http://www.thenews.com.pk/daily_detail.asp?id=207389
By Dilshad Azeem
ISLAMABAD: Pakistan is all set to move the World Bank (WB) for appointment of a neutral expert instead of opting for the Court of Arbitration on the Indian Kishanganga Hydropower Project.
“The WB-appointed neutral expert is our top most priority after receiving a discouraging response while exercising bilateral channels as the Indian project is being built to divert River Jhelum water,” sources told The News here on Friday.
The sources pointed out that the Permanent Indus Water Commission (PIWC), appointing two negotiators from each side, proved merely time buying moves of India.
“It will also be a futile exercise if Pakistan opts for court of arbitration consisting two nominees from each country and three mutually agreed ones, and, we can ill-afford to give more and more time to New Delhi to go ahead with its controversial project,” they elaborated.
The Indus Waters Treaty (IWT) 1960 provides appointment of a neutral expert by the World Bank as a last option to resolve water related matters, and, there are several disputes on the water entering Pakistan from Indian territory.
“We are examining the possibility of invoking the option of neutral export instead of court of arbitration,” a Foreign Office spokesman confirmed to this correspondent when contacted.
The FO spokesman maintained that the Pakistan government along with experts was working seriously on an urgent basis to go for a neutral expert appointment since India was wasting time while engaging us in step-by-step process.
“Should India continue to prevaricate and procrastinate first?” he questioned while referring to the water dispute between Islamabad and New Delhi with almost a 30 per cent existing water shortage in Pakistan for ongoing Rabi crop season.
Pakistan first tried to resolve the problem at PIWC, the only body between two neighbouring rivals, secondly called for negotiators and then comes the option of court of arbitration. “We do not believe that India will agree within one month under IWT 1960 to nominate its members for the arbitration court.
“This is too serious a matter and Pakistan cannot afford to sit back and allow India to continue violating the IWT,” the spokesman said.
In response to a question, Abdul Basit said he was not in a position to give exact time-frame as to when Pakistan will move the WB for appointing a neutral expert whose findings will be binding both on Pakistan and India on water issues.
Jawaharlal Nehru and Ayub Khan had inked the historic treaty in Karachi with the WB as a guarantor after the then WB President Eugene R Black, agreed to act as a conduit of agreement between the two states.
The PIWC Commissioner for Pakistan, Syed Jamaat Ali Shah ,said Pakistan was moving ahead with the relevant clauses of the treaty. “And next step is establishment of a court of arbitration.”
He, however, referred to the Foreign Office for furtherance on the Kishanganga project while saying it was now before the Government of Pakistan to handle after the India did not agree to the PIWC platform.
“And if the issue is not settled on the platform of court of arbitration, Pakistan can exercise the option to move the WB for appointment of a neutral expert.
http://www.thenews.com.pk/daily_detail.asp?id=207389