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Picture Courtesy: The Hindu

Context:

The World Bank Neutral Expert (NE) has been appointed to decide on differences between India and Pakistan on the design of hydroelectric projects built on the Indus Water Treaty (IWT), 1960.

About Indus Waters Treaty (IWT)

It is a water-sharing agreement between India and Pakistan, brokered by the World Bank.

It governs the distribution of water from the Indus River and its tributaries to prevent water disputes between the two nations.

It was signed in 1960 and is considered one of the most successful international water treaties to date. 

Water Sharing

• Eastern rivers: India controls the Ravi, Sutlej, and Beas rivers. 
• Western rivers: Pakistan controls the Indus, Chenab, and Jhelum rivers. 
• Non-consumptive use: India can use water from the western rivers for non-consumptive uses like power generation, navigation, and fish culture. 
• Hydroelectric projects: India can develop hydroelectric projects on the western rivers under certain conditions. 
• Flood control: Both countries must avoid damaging other countries when carrying out flood control schemes. 

The Treaty has a three-level dispute-resolution mechanism

• Permanent Indus Commission: Comprises commissioners from India and Pakistan, responsible for addressing technical questions and minor issues through negotiation.
• Neutral Expert: If the Commission cannot resolve a difference, a neutral expert appointed by the World Bank investigates and provides a decision.
• Court of Arbitration: If the Neutral Expert's decision is not satisfactory for any party, then the dispute can be referred to a Court of Arbitration for final resolution.

Current Issues

Pakistan has expressed concerns that the Kishanganga Hydroelectric Project on the Kishanganga River and the Ratle Hydroelectric Project on the Chenab River could adversely affect its share of water and reduce downstream flow.  

India maintains that both the Kishanganga and Ratle projects comply with the IWT's provisions. The Indian government claims that the designs and operations of these hydroelectric plants are within the treaty's permissible framework and do not violate Pakistan's water rights.

Pakistan has sought the establishment of a Court of Arbitration to address its concerns regarding the Kishanganga and Ratle projects. However, India favours the appointment of a Neutral Expert, stating that the issues are technical and fall within the Neutral Expert's Jurisdiction. In January 2025, the Neutral Expert upheld India's position.

India has welcomed the Neutral Expert's decision, viewing it as a confirmation of its position that the issues are technical and should be addressed by a Neutral Expert. However, Pakistan has expressed dissatisfaction and advocated for a Court of Arbitration to resolve the dispute.  

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Source: 

THE HINDU