Implementation of Indus Water Treaty must be in letter and spirit: MEA

A DAY after the World Bank appointed a “neutral expert” and a chairman of the Court of Arbitration to address disagreements between India and Pakistan over Kishenganga and Ratle hydroelectric power plants, the government said on Wednesday that the implementation of the Indus Water Treaty must be in the “letter and spirit” of the Treaty.

In a statement, the Ministry of External Affairs said, “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.”

“Recognising the World Bank’s admission in its announcement that ‘carrying out two processes concurrently poses practical and legal challenges’, India will assess the matter,” the statement said. “India believes that the implementation of the Indus Water Treaty must be in the letter and spirit of the Treaty.”

The MEA statement came a day after the World Bank appointed Michel Lino as the Neutral Expert and Prof. Sean Murphy as Chairman of the Court of Arbitration. “They will carry out their duties in their individual capacity as subject matter experts and independently of any other appointments they may currently hold,” the World Bank said in a statement on October 17.

“In line with its responsibilities under the Indus Waters Treaty, the World Bank has made the appointments that it was mandated to make in the two separate processes requested by India and Pakistan in relation to the Kishenganga and Ratle hydroelectric power plants,” it said.

“The two countries disagree over whether the technical design features of these two hydroelectric plants contravene the Treaty. Pakistan asked the World Bank to facilitate the establishment of a Court of Arbitration to consider its concerns about the designs of the two hydroelectric power projects, while India asked for the appointment of a Neutral Expert to consider similar concerns over the two projects.”

“The World Bank continues to share the concerns of the parties that carrying out the two processes concurrently poses practical and legal challenges. The World Bank is confident that the highly qualified experts appointed as Neutral Expert and as members of the Court of Arbitration will engage in fair and careful consideration of their jurisdictional mandate, as they are empowered to do by the Treaty,” it said.

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