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Sunday, Jan 09, 2005

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International - India & World

Baglihar: Pakistan may approach World Bank

By B. Muralidhar Reddy

ISLAMABAD, JAN. 8. Pakistan is expected to make a formal decision in the next few days on approaching the World Bank for arbitration on the dispute over the construction of the Baglihar hydro-electric project by India.

According to the Pakistan Foreign Ministry sources, in the event of failure of the bilateral talks, a decision to seek the intervention of the World Bank, which brokered the 1960 Indus Waters Treaty, had been taken long ago.

"Islamabad had repeatedly said that the just concluded three-day talks at the level of Water Secretaries was the last chance for an amicable settlement of the differences on several issues related to the construction of dam for a power project. With the talks heading nowhere, Pakistan has little option but to approach the World Bank," the sources said.

Asked about the offer of further talks by India to sort out the differences, sources said that it could be considered only if New Delhi agreed to halt the construction of the dam. "Otherwise there is little hope for negotiations. We have been engaged in talks for over four years but without success," the sources said.

India has consistently denied the Pakistani charge that the dam violated the treaty. In a bid to persuade Pakistan to give up its objections, its experts were allowed to inspect the dam site and additional data on the height and design of the dam were provided during the course of talks.

`Not a good sign'

Diplomatic observers here feel that the breakdown of talks on Baglihar does not augur well for the ongoing dialogue. "The development, at a juncture when both the countries are engaged in hectic dialogue for resolution of all issues, is not a good sign. It would cast a shadow on the process if not derail it," said a Western diplomat.

Quoting sources in the Law Ministry, the Pakistan English daily, The News, has claimed that Pakistan would formally seek intervention of the World Bank in the next two weeks. "In the next 15 days, there will be a lot of pressure on the Government and since it has done its homework, it will be formally requesting the World Bank for intervention. Ambassador Jehangir Karamat will then follow up Pakistan's case in Washington," the paper said.

The Foreign Office spokesman, Masood Khan, has said: "Pakistan has negotiated in good faith; gave bilateral channels maximum space and elasticity; responded to our legitimate concerns and reservations. India could make good on its promises to resolve the issue bilaterally by a) suspending work on the dam; b) sharing with us construction status and work schedule date of completion; and, c) coming up with time-bound arrangements for resolving the issue."

"Firm ground"

Mr. Khan maintained that Pakistan's case is firmly grounded in legal and technical parameters of the Indus Waters Treaty. "After exhausting all the bilateral tracks, it is a tight squeeze in terms of options. The treaty provides for mechanism for working around such impasse. We have already taken a decision that if these final efforts made in Delhi did not succeed we would have to invoke the mechanism of a neutral expert," the spokesman said.

Mr. Khan said that Pakistan's case is based on Annexe D- Para 8, which outlines the design, height, spillways, storage and pondage level, tunnels and bays. According to him, the gates at the dam are also against the treaty as they can be used to stop the flow of water to Pakistan and consequently also harm its irrigation.

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Baglihar: Pakistan may approach World Bank