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| Pakistan's another option vis-a-vis Baglihar dispute | | | BL KAK
NEW DELHI, FEB 20
Even as New Delhi and Islamabad have accepted the February 12 verdict by the World Bank-appointed neutral expert on the Baglihar hydro-electric project of Jammu region, the dispute is not over. Significant, indeed, is a message from across the border, clearly suggesting that Pakistan has the option to go to a court of arbitration against Prof. Raymond Lafitte's decision.
Islamabad, according to the message, seems in no hurry to do so. But the new option available to the Pakistan government is presently under consideration of a team of Pak officals, the message has let it be known.
Prof. Raymond Lafitte, a Swiss expert, upheld three of six objections Pakistan had raised and awarded three to India when he announced his decision on Feb 12. The verdict was welcomed with claims of victory both in New Delhi and Islamabad.
New Delhi still describes it as a major achievement while Islamabad has curbed its earlier enthusiasm. And some Pakistani officials also have suggested that they may take it to the Court of Arbitration that the treaty permits.
Other experts reportedly believe that Pakistan will closely "examine all the implications" before going to a court of arbitration.
New Delhi, particularly Union Minister of Water Resources, Prof. Saifuddin Soz, will have to admit that if it is not victory for Pakistan, it is also not a defeat for Pakistan either. Half of Pakistan's objections were accepted, even if with some changes. Islamabad's official stand: Pakistan made no mistake in seeking third party arbitration in this dispute. Pakistan did get major concessions, which was not possible without arbitration.
Pakistan had raised six objections to India's plan to build a dam on the Chenab river, basing them on the 1960 Indus Water Treaty, which gave Islamabad water rights over three rivers of the Indus water system, including Chenab. Since the World Bank had brokered the treaty, it was asked to name a neutral expert and on May 10, 2005 the bank appointed Prof. Lafitte.
The expert's 116-page verdict questions various clauses of the Indus treaty and their feasibility in the present context. The report acknowledges India's right to construct gated spillways and allows bondage of 32.58 million cubic metres as against India's demand for 37.5 million cubic metres. |
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