Vivek_A wrote:Now TSP wants to review the "spirit" of the treaty...
"There is a need to review the spirit of the Treaty"
-- Syed Jamaat Ali Shah, Indus Waters Commissioner
Syed Jamaat Ali Shah: We want the Indus Waters Treaty implemented, in letter as well as in spirit.
The Pakistani Indus Commissioner has, on more than one occassion, accepted that India was not stealing waters and that there was a natural reduction in flows. He realizes that this natural reduction, coupled with the rights on the Western rivers given to India, which India has not exploited, will impact Pakistan. As abrogating the Treaty was next to impossible, it is calling for the 'spirit of the treaty'. If we look historically at the spirit, Pakistan exhibited the usual hate India spirit only before, during and after the Treaty. At the time of negotiating the Treaty, it first wanted to give us just 15.5 MAF of water only and later revised it to say that it wanted to take 70% of the Eastern rivers and all of the flows of the Western rivers. It wanted money for its part of the water works and India paid 62 Million Pound Sterling. It accused India of violating the Treaty when India started planning the Bhakra Nangal and delayed the project by 3 years. Ever since it has been accusing India on imaginary charges in the cases of Uri, Salal, Tulbul, Baglihar, Ranbir & Pratap canals, embankment on Ravi etc. So much for the contrast in the
spirit between Pakistan and India.
SJAS: We have also requested the government to quickly move the International Court of Arbitration in order to stop the construction of the controversial Kishenganga project. Pakistan has already nominated two members for the court. The procedure laid down in the Treaty requires the two nations to nominate two adjudicators, each of their choice, and then to jointly nominate three members to complete the composition of a seven-member court of arbitration.
The IWT offers two mechanisms for resolution of disputes, one, the Neutral Expert and two, Court of Arbitration. The IWT also specifies clearly what disputes can be adjudicated by the NE and what should go to the Arbitration Court.
The IWT specifies the difference/dispute resolution mechism as follows in Article IX titled "SETTLEMENT OF DIFFERENCES AND DISPUTES"
(a) Any difference which, in the opinion of either Commissioner, falls within the provisions of Part I of Annexure F shall, at the request of either Commissioner, be dealt with by a Neutral Expert in accordance with the provisions of Part 2 of Annexure F;
(b) If the difference does not come within the provisions of Paragraph (2) (a), or if a Neutral Expert, in accordance with the provisions of Paragraph 7 of Annexure F. has informed the Commission that, in his opinion, the difference, or a part thereof, should be treated as a dispute, then a dispute will be deemed to have arisen which shall be settled in accordance with the provisions of Paragraphs (3), (4) and (5)
Provided that, at the discretion of the Commission, any difference may either be dealt with by a Neutral Expert in accordance with the provisions of Part 2 of Annexure F or be deemed to be a dispute to be settled in accordance with the provisions of Paragraphs (3), (4) and (5), or may be settled in any other way agreed upon by the Commission.
Annexure F of IWT deals with questions to be referred to the NE and states, among other things :
(12) Whether or not the operation by India of any plant constructed in accordance with the provisions of Part 3 of Annexure D conforms to the criteria set out in Paragraphs 15, 16 and 17 of that Annexure.
(13) Whether or not any new hydroelectric plant on an irrigation channel taking off the Western Rivers conforms to the provisos to Paragraph 24 of Annexure D.
Part 3 of Annexure D sets out parameters for building new Run-of-River Hydroelectric plants on the Western rivers by India.
- Paragraph 15 deals with how India must deliver waters back into downstream after impounding them for at most seven days only. It gives specific details about such plants on Chenab & Jhelum
- Paragraph 16 deals with the definition of what constitutes a 24-hour period.
- Paragraph 17 deals with exceptions to Paragraph 15 while filling up the pondage, for which purpose India is allowed some tolerances.
It is therefore quite clear that the matter of Kishenganga should normally go to an NE. However, having been bitten by the NE before, Pakistan wants to try its luck with a larger bench of the Court of Arbitration.