Court of Arbitration's latest award on Indus Waters Treaty vindicates Pakistan's stance — FO
India announced in April it was putting the 1960 World Bank-mediated treaty, which ensures water for 80 percent of Pakistani farms, in abeyance a day after an attack in Indian-administered Kashmir that New Delhi blamed on Pakistan, an allegation Islamabad denies. Pakistan has previously said the treaty has no provision for one side to unilaterally pull back and that any blocking of river water flowing to Pakistan will be considered 'an act of war.'
The IWT grants Pakistan rights to the Indus basin's western rivers — Indus, Jhelum, and Chenab — for irrigation, drinking, and non-consumptive uses like hydropower, while India controls the eastern rivers — Ravi, Beas, and Sutlej — for unrestricted use but must not significantly alter their flow. India can use the western rivers for limited purposes such as power generation and irrigation, without storing or diverting large volumes, according to the agreement.
In a statement issued on Monday, Pakistan's foreign office said it welcomed the award rendered by the Court of Arbitration on Aug. 8 on issues of general interpretation of the IWT, explaining the designed criteria for the new run-of-river hydropower projects to be constructed by India on the western rivers of Chenab, Jhelum and Indus. New Delhi has not yet commented on the development.
'In a significant finding, the Court has declared that India shall 'let flow' the waters of the western rivers for Pakistan's unrestricted use. In that connection, the specified exceptions for generation of hydro-electric plants must conform strictly to the requirements laid down in the Treaty, rather than to what India might consider an 'ideal' or 'best practices' approach,' the foreign office statement read.
'The Court's findings on low-level outlets, gated spillways, intakes for the turbines, and free-board are in line with Pakistan's interpretation of the relevant provisions of the Treaty. The Award also limits India from maximizing the pondage volume.'
The South Asian neighbors 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 its flows.
Notably, the Court observed that the awards of a Court of Arbitration are 'final and binding on the parties (India and Pakistan),' and have a controlling legal effect on subsequent Courts of Arbitration and neutral experts, according to the Pakistani foreign office.
Recognizing Pakistan's vulnerability as the downstream riparian, the Court has further observed that the object and purpose of the Indus Waters Treaty, as it relates to the western rivers, is to de-limit the two states' respective rights and obligations, in conjunction with mutual cooperation and effective dispute resolutions procedures.
'The award carries special significance in the wake of India's recent announcement to hold the Indus Waters Treaty in abeyance, and its earlier decision to boycott the proceedings of the Court of Arbitration. It is an endorsement of Pakistan's historical stance on the afore-stated issues,' the foreign office said.
'Pakistan remains committed to full implementation of the Indus Waters Treaty. It also expects India to immediately resume the normal functioning of the Treaty, and faithfully implement the award announced by the Court of Arbitration.'
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