World Bank Makes Appointments Under the Indus Water Treaty (IWT)

 

1. Recently, the World Bank appointed Neutral Expert on IWT backed India's stance on its competence regarding a dispute over 2 hydroelectric projects in Jammu and Kashmir.
    
2. Complaint & Dispute Resolution: Pakistan filed a complaint in 2015, triggering dual-track dispute resolution through:
   1. Neutral Expert (India's request)
   2. Permanent Court of Arbitration (Pakistan's request)
       
3. Disputed Projects:
   1. Kishenganga Project (330 MW, inaugurated in 2018) on the Jhelum River
   2. Ratle Project (850 MW, under construction) on the Chenab River
       
4. Pakistan's Objections: Pakistan argues that these run-of-river projects could
   affect its water flow and agricultural lands.
    

About the Indus Water Treaty (IWT)


 

 

1. Signed in 1960 between India and Pakistan, mediated by the World Bank.
    
2. Water Usage Rights:
   1. Eastern Rivers (Ravi, Beas, Sutlej) allocated to India for unrestricted use.
   2. Western Rivers (Indus, Jhelum, Chenab) allocated to Pakistan, with India permitted specific non-consumptive uses like navigation, timber floating, flood protection, and hydroelectric power generation.
   3. India gets about 30% of the Indus River System’s water, while Pakistan gets 70%.
       
3. Implementation: Both countries must appoint Permanent Indus Commissioners for communication and treaty implementation.
    

Dispute Resolution Mechanism
 

1. Three-Level Graded Mechanism:
   1. Permanent Indus Commission (PIC): Resolves disputes about treaty interpretation or violations.
   2. Neutral Expert: Technical disputes that cannot be settled by PIC, appointed by the World Bank or jointly by India and Pakistan.
   3. Court of Arbitration: A 7-member tribunal for legal adjudication if earlier levels fail.
       

Challenges and Way Forward regarding the Indus Water Treaty (IWT):
 

Challenges	Way Forward
Pakistan's Opposition to Indian Projects : Pakistan opposes Indian projects like Kishenganga and Ratle hydroelectric projects, questioning their compliance with the treaty's technological criteria.	Integrated Water Management & Climate Adaptation: Focus on sustainable water use, conservation, and flood management through joint river basin management approaches.
Environmental Concerns : Climate change and the rapid melting of Himalayan glaciers are altering river flow and water availability in the Indus system.	Modernization and Renegotiation: Renegotiate the treaty to incorporate technological advancements, new data on river flow, and the changing environmental conditions.
India's Growing Water Needs : India's growing population, agricultural expansion, and energy demands are putting pressure on water resources.	Adopt Principles of International Water Law: - Reevaluate water usage rights using principles like Equitable and Reasonable Utilization (ERU) and the No Harm Rule (NHR) to ensure fairness in allocation.
Security & Political Tensions : Water is being seen as a strategic asset and has been linked to political tensions, especially in light of cross-border terrorism (e.g., Uri attack 2016). The use of water as a political tool (e.g., "blood and water cannot flow together") increases security concerns.	Transparency & Data Sharing: Establish transparent, real-time satellite-based monitoring and data-sharing systems for water flow, dam operations, and flood management to reduce tensions. Promote dialogue and cooperation between India and Pakistan to address security-related water issues and foster mutual trust.

 

International Principles on Transboundary Water Sharing
 

1. Helsinki Rules (1966): Governs the use of shared rivers and groundwater, encouraging dispute resolution through negotiation and international courts.
2. Helsinki Convention (1992): Legal framework to prevent and control transboundary water pollution, requiring parties to follow the precautionary principle.
3. UN Watercourses Convention (1997): Establishes rules for cooperation between watercourse states, emphasizing equitable and reasonable use and no significant harm to neighbors

 

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