ISLAMABAD – Tensions have risen between India and Pakistan over the Indus Waters Treaty of 1960, brokered by the World Bank, with India issuing a notice to Islamabad for changes in the treaty. The notice was extended by invoking Article 12 of the Treaty. India’s move comes as the country fears losing the case of 330MW Kishenganga and 850 MW Ratle hydropower projects, which have disputed designs, in the Court of Arbitration in the Hague.
A crucial meeting was held on Tuesday by top Pakistani officials to discuss India’s demands for modification of the treaty. The meeting was attended by the Secretary of Water Resources, the Pakistan Commissioner for Indus Waters, and top officials of the Ministry of Foreign Affairs, Attorney General’s Office, Military Intelligence, and Inter Services Intelligence. The authorities discussed the Indian notice and Article 12 of the Waters Treaty, and have since deliberated on Pakistan’s response to the notice, which will soon be sent to New Delhi and made public.
According to a senior official of the Attorney General’s Office, Pakistan has not committed any material violation of the Indus Waters Treaty, making the Indian notice to introduce changes uncalled for. The official also pointed out that as a lower riparian, Pakistan cannot violate the treaty, but upper riparian can breach it, with India having done so in the past with the Kishenganga and Ratle projects.
In 2016, the World Bank announced a pause in the constitution of the Court of Arbitration, which was requested by Pakistan and a Neutral Expert, asked for by India. However, after the lapse of six years, the World Bank announced in 2022 to form the Court of Arbitration as demanded by Pakistan and the Neutral Expert as asked for by India. The two-day hearing of the case started on January 27-28, 2023, which resulted in India issuing the notice to Pakistan, while the decision of the Court of Arbitration is pending.
The official stated that India, in an attempt to sabotage the legal proceedings that have begun, issued the notice while preempting a potential decision in favor of Pakistan, which may result in the stoppage of construction of future projects on Pakistan rivers with poundage and spillways. It is within the prerogative of the World Bank’s president or UN Secretary General to constitute the court of arbitration and Neutral Expert, and the process of hearing the case has already begun.
