Due to Pakistan’s “intransigence” in finding a resolution to the disputes over the Kishenganga and Ratle Hydro Electric Projects (HEPs), India has given Pakistan notice that the Indus Waters Treaty (IWT) will need to be modified.
According to sources, a notice sent on January 25 through the appropriate Indus Waters Commissioners in accordance with Article XII (3) of the IWT stated the Indian intention, ANI reported.
“The objective of the notice for modification is to provide Pakistan with an opportunity to enter into intergovernmental negotiations within 90 days to rectify the material breach of IWT. This process would also update IWT to incorporate the lessons learned over the last 62 years,” ANI reported quoting sources
.What the lessons learned were, or how the “major breach of IWT” will be fixed were not explained in detail by the sources.
The Indian side claims that it was compelled to act after Pakistan took unilateral measures to examine its concerns to India’s HEPs, forcing India to make the change. Pakistan asked for the appointment of an impartial expert to look into its technical objections to India’s Kishenganga and Ratle Hydroelectric Projects for the first time in 2015.
It unilaterally withdrew its request in 2016 and suggested that its objections be decided by a Court of Arbitration.
“This unilateral action by Pakistan is in contravention of the graded mechanism of dispute settlement envisaged by Article IX of IWT. Accordingly, India made a separate request for the matter to be referred to a neutral expert,” as per ANI sources.
There is a chance that IWT will be put in jeopardy as a result of the start of two concurrent processes on the same questions and the possibility of their conflicting or contradictory results.
Throughout the five meetings of the Permanent Indus Commission from 2017 to 2022, Pakistan refused to discuss the matter, despite India’s continuous attempts to find a mutually beneficial solution.
The World Bank recently started taking action on both the neutral expert and Court of Arbitration processes in response to Pakistan’s continued insistence. No provision of IWT permits such concurrent evaluation of the same concerns. India has been forced to issue a notice of modification in response to this infringement of the IWT requirements, as per sources.
