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Baglihar project: "Expert verdict binding on India, Pakistan"

By B. Muralidhar Reddy

ISLAMABAD, JAN. 10. Pakistan today maintained that the breakdown of talks with India on the Baglihar hydroelectric project would have an "indirect effect" on the dialogue process as it would widen the "trust deficit" that prevailed between the two countries.

The Foreign Office spokesman, Masood Khan, had earlier insisted that the failure to resolve differences over the subject would not lead to the collapse of the Composite Dialogue and the confidence-building measures with India.

Answering a volley of questions on the failed talks at the weekly news briefing here, Mr. Khan said a decision on the next phase of action by Pakistan would be taken after the team which had gone to New Delhi for negotiations briefed the Prime Minister, Shaukat Aziz, later today.

Exclusive rights

The spokesman claimed that any decision by the experts appointed by the World Bank on the dispute arising out of the interpretation of the Indus Waters Treaty of 1960 was "binding" on India and Pakistan. However, he evaded a question on whether the World Bank had powers to direct India to stop construction of the dam.

Mr. Khan asserted that under the Treaty, Pakistan had exclusive rights over the waters of the Chenab and India could not construct a dam across the river. However, when a reporter wanted to know why, in that case, Pakistan was objecting only to the design and height of the dam and not the project itself, Mr. Khan did not reply.

While maintaining that he would not like to pre-judge the work of the neutral experts in case Pakistan decided to go for arbitration, Mr. Khan insisted that the Baglihar project undertaken by India was in violation of all the provisions of the Water Treaty.

Not a collapse

The spokesman faced a number of questions on what hopes Pakistan could pin on the dialogue process with India on more "complex and complicated" issues such as Kashmir when it was not prepared to accommodate "smaller issues" such as Siachen and Sir Creek. He said the Pakistan Government drew lessons from every round of talks with India. However, he emphasised that failure on Baglihar did not amount to collapse of the dialogue process with India. Mr. Khan said the schedule of the talks on Kashmir and the other seven points decided upon by the Foreign Secretaries in their recent meeting here would be held in April and June as agreed. Also, the Pakistan Prime Minister will be meeting his Indian counterpart, Manmohan Singh, on the sidelines of the SAARC summit in Dhaka, the dates for which were being finalised. Dates were also being worked out for the visit of the Indian External Affairs Minister, Natwar Singh, to Pakistan. Islamabad has also invited Dr. Singh to pay an official visit, Mr. Khan said.

Defending Pakistan's decision to hold talks with India to resolve differences over the 450 MW power project being at Baglihar in Jammu and Kashmir, Mr. Khan accused New Delhi of resorting to dilatory tactics to complete the project even while holding talks with Islamabad. He said that in the course of the talks India never discussed the "substantive" issues related to the project and sought to engage Pakistan on legalese. India must stop construction of the project, which was a "huge dam" until differences were sorted with Pakistan.

Responding to a question whether the Pakistan stand on the project, which was aimed at supplying power to Jammu and Kashmir, would upset Kashmiris, the spokesman said, "some true representatives" from the valley were already in touch with the Pakistan Government. "I can tell the representatives of Jammu and Kashmir have also spoken to us. They are as much worried and concerned about the construction of the dam as the people of Pakistan are. The people of Kashmir have always given sacrifices. This is not a dam that they want to see built and, therefore, it is a mischaracterisation to say that down the road when India builds this dam and presents it as a fait-accompli it would be the people of Jammu and Kashmir who will object to its dismantlement," he said.

Denies `mishandling'

Mr. Khan denied that the Pakistan Government had "mishandled" the talks with India that had gone ahead with the project even while the talks were on. "Nobody mishandled the situation. Every stage, there were extensive consultations at all levels and decisions were made promptly. The delay was on the other side. India used procrastination as an instrument. That is why the delay."

Asked why Pakistan did not approach the International Court of Justice on the fence built by India along the LOC on the basis of experience over the Baglihar project, Mr. Khan said it was in violation of the Karachi agreement and also other international agreements but there was no mechanism for resolution of such disputes.

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