AMSTERDAM: The Permanent Court of Arbitration (PCA) in The Hague rejected India’s objections to a Pakistan-initiated procedure over water use in the Indus River basin, reopening a procedure that had been blocked many years.
The South Asian neighbours have been arguing over hydroelectric projects on the shared Indus River and its tributaries for decades, with Pakistan complaining that India’s planned hydropower dams will cut flows on the river which feeds 80% of its irrigated agriculture.
To resolve the dispute, Pakistan sought resolution through PCA arbitration proceedings in 2016, prompting India to request that the World Bank appoint a neutral expert under the terms of the treaty.
“In a unanimous decision, which is binding on the Parties and without appeal, the Court rejected each of the objections raised by India and determined that the Court is competent to consider and determine the disputes set forth in Pakistan’s Request for Arbitration,” the court said in a statement.
It gave no details on when and how the case will continue, but added that it will address the interpretation and application of the bilateral Indus Water Treaty, notably the provisions on hydro-electric projects, as well as the legal effect of past decisions of dispute resolution bodies under the Treaty.
India has boycotted The Hague court proceedings and questioned the competence of the court. India says the construction of its Kishanganga and Ratle Hydro Electric projects is allowed by the treaty.
Following the PCA decision, the Foreign Office said that Pakistan was fully committed to the implementation of the Indus Waters Treaty, including its dispute settlement mechanism.
FO Spokesperson Mumtaz Zahra Baloch told a weekly press briefing that the treaty was the foundational agreement between Pakistan and India on water sharing.
“Pakistan remains fully committed to [its] implementation… we hope that India will also implement the treaty in good faith,” the spokesperson said.
