Permanent Court of Arbitration Rejects India Placing IWT in Abeyance

On 27 Jun, the Permanent Court of Arbitration in The Hague made a decision on the Kishenganga and Ratle hydropower cases in Jammu & Kashmir (J&K) under the Indus Water Treaty (IWT) which is binding on India and Pakistan and does not allow appeal. The Court said India’s position on 'abeyance' of the IWT does not limit the competence of the Court over the dispute. It further said, 'it was not open to India to take unilateral action to suspend the Court's proceedings, regardless of how India’s position was characterized or justified under international law' and 'it has a continuing responsibility to advance the proceedings in a timely, efficient, and fair manner, notwithstanding India’s position on 'abeyance.' The Court's decision was over Pakistan's Request for Arbitration on the Kishenganga and Ratle hydropower projects on 19 Aug 2016, under Article IX and Annexure G of the IWT. Subsequently, on 4 Oct 2016, India joined the hearing by requesting the World Bank appoint a neutral expert to look into the matter. Pakistan responded saying, 'India and Pakistan must find a way back to a meaningful dialogue, including on the application of the IWT.' The Indian Ministry of External Affairs said, 'It has never recognized the so-called framework for dispute resolution with Pakistan.' India has written to the World Bank’s neutral expert, Michel Lino, requesting a pause in his proceedings on the Kishanganga and Ratle hydropower disputes on Kishanganga river and Chenab river. Lino is expected to consider Pakistan’s comments before deciding whether to pause the proceedings. Meanwhile, the Kisan Sangharsh Morcha (Farmers Struggle Front) with the involvement of Karanpur, Rajasthan Indian National Congress Rajasthan Member of Legislative Assembly Rupinder Singh Kooner has started a protest demanding water to the Gang canal in Sriganganagar district, which borders Panjab’s Fazilka district. Rajasthan Chief Minister Bhajanlal Sharma and Panjab Chief Minister Bhagwant Singh Mann discussed the Firozpur Feeder Reconstruction Project, a joint initiative critical for the canal irrigation system in northwest Rajasthan. The USD 75.4M project was approved by the Central Water Commission in April (earlier coverage).