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By B. Muralidhar Reddy
ISLAMABAD, JAN. 18. Conceding that it was not a "good omen" for the Indo-Pakistan peace process, Pakistan today petitioned the World Bank seeking its arbitration in the dispute over the Baglihar hydropower project, being constructed over the Chenab river in Jammu and Kashmir. The World Bank brokered the 1960 Indus Waters Treaty, which deals with the distribution of the waters of six rivers. The Treaty provides for arbitration by neutral experts in the event of a dispute between the two countries on interpretation of the provisions. After the failure of the last round of talks in New Delhi in the first week of January, Pakistan announced that it would go to the World Bank. However, the delay of 10 days on its part triggered hopes of backdoor diplomacy and another chance to bilateralism. The Pakistan Foreign Office spokesman, Masood Khan, said at a special news conference here that after having failed to resolve the differences bilaterally and exhausting all options, Islamabad had sought the World Bank's intervention under the Article 9 (2)(a) of the (1960 Indus Water) Treaty. The project had been the bone of contention between India and Pakistan since it was conceived by New Delhi in 1992. Pakistan objected on the ground that the dam being constructed on the Chenab would adversely impact on the water flows into that country. Islamabad maintains that under the Treaty, the use of Chenab water is its exclusive privilege and a `big dam' on the river is against the letter and spirit of the Treaty. However, it does concede that India had rights over utilisation of the river water for consumptive (irrigation), non-consumptive (navigation) and power projects with "serious limitations." India disputed Pakistan's contention and said that the project was well within the provisions of the Treaty and would not affect Pakistan's water rights. Despite two years of intense dialogue, there has been no meeting point on the differences. Pakistan's Ambassador to the United States, Jehangir Karamat, would approach the World Bank President, James D. Wolfensohn, with the petition today itself, Mr. Khan said. In response to pointed questions if Paksitan's decision was final, Mr. Khan listed three conditions under which Islamabad could review its decision. These are: India should immediately halt construction of the project; share technical details of the dam and work schedule and evolve a mechanism for resolution of the dispute.
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