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In World Bank’s statement on neutral experts, India sees admission of challenges
While recognising the World Bank’s admission that “carrying out two processes concurrently poses practical and legal challenges”, the Indian side said it will assess the matter.
NEW DELHI: India on Wednesday responded to the World Bank’s decision to appoint a neutral expert to address differences with Pakistan over the Kishanganga and Ratle hydropower projects by saying that the Indus Waters Treaty must be implemented in letter and spirit.
The Indus Waters Treaty, which was signed by India and Pakistan in 1960, has proved to be the most durable agreement between the two countries though it has come under strain in recent years over sharp differences in the sharing of waters of cross-border rivers and the construction of hydropower projects. The treaty was brokered by the World Bank, which is also a signatory.
“We have noted the World Bank’s announcement to concurrently appoint a neutral expert and a chair of the Court of Arbitration in the ongoing matter related to the Kishenganga and Ratle projects,” the external affairs ministry said in a brief statement.
“India believes that the implementation of the Indus Waters Treaty must be in the letter and spirit of the Treaty,” the statement said.
While recognising the World Bank’s admission that “carrying out two processes concurrently poses practical and legal challenges”, the Indian side said it will assess the matter.
On Monday, the World Bank announced it had made the “appointments that it was mandated to make in the two separate processes requested by India and Pakistan in relation to the Kishanganga and Ratle hydroelectric power plants”.
The two countries disagree over whether the technical design features of the two projects contravene the Indus Waters Treaty. Pakistan asked the World Bank to establish a Court of Arbitration to take up its concerns about the designs, while India sought the appointment of a neutral expert to consider its concerns.
The World Bank appointed Michel Lino as the neutral expert and Sean Murphy as the chairman of the Court of Arbitration.
However, the World Bank said it “continues to share the concerns of the parties that carrying out the two processes concurrently poses practical and legal challenges”. The World Bank added it was confident the experts appointed as neutral expert and members of the Court of Arbitration will “engage in fair and careful consideration of their jurisdictional mandate” as empowered under the treaty.
