NEWW DELHI: In a significant win for India in its dispute with Pakistan on the Kishenganga and Ratle hydropower projects in Jammu and Kashmir, a neutral expert has ruled in favour of New Delhi’s position.
India has consistently maintained that only the neutral expert has the competence under the 1960 Indus Water Treaty to resolve these differences, a position that Pakistan had contested while demanding a court of arbitration to settle the differences.
“It has been India’s consistent and principled position that the neutral expert alone has the competence under the Treaty to decide these differences. 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. This phase will culminate in a final decision on the merits of each of the seven differences,” the External Affairs Ministry said.
In 2015, Pakistan requested the appointment of a neutral expert to address its concerns over two hydropower projects, but it backtracked from its position in 2016 and called for a court of arbitration instead.
India participated in meetings with the neutral expert but refused to engage in the Permanent Court of Arbitration proceedings in The Hague, on the ground that both processes couldn’t run simultaneously.
The neutral expert, Michel Lino, president of the International Commission on Large Dams (ICOLD), ruled on Monday that he is competent to decide on the issues between India and Pakistan regarding the two projects.
A final decision will be made after hearing both parties. This decision is seen as a setback for Pakistan. Pakistan has been protesting against the design and construction of the 330MW Kishanganga project on the Neelum River and the 850MW Ratle hydropower project on the Chenab.
“Being committed to preserving the sanctity and integrity of the Treaty, India will continue to participate in the neutral expert process so that the differences are resolved in a manner consistent with the provisions of the Treaty, which does not provide for parallel proceedings on the same set of issues. For this reason, India does not recognise or participate in the illegally constituted Court of Arbitration proceedings,” the statement said.