Article By: SALFI AZHAR
Despite the many areas of dispute and difference between India and Pakistan, there are also some areas of cooperation. One such area of cooperation has been the Indus Waters Treaty that has stood the test of time between the two countries which was negotiated by the World Bank and signed by India and Pakistan in 1960. The World Bank is a signatory to the treaty as a third party.
Conflicting claims and arguments regarding the use of water from the Indus River system between India and Pakistan after their independence led to third party negotiation by the World Bank which began in 1951. Along with the treaty that was signed, it was also agreed to set up a Permanent Indus Commission, made up of one Commissioner of Indus Waters from each country in order to a) establish and promote cooperative arrangements for the treaty implementation; b) promote cooperation between the Parties in the development of the waters of the Indus system; c) examine and resolve by agreement any question that may arise between the Parties concerning interpretation or implementation of the Treaty; d) submit an annual report to the two governments.
Any future ‘difference’ had to be referred to a neutral expert who would be appointed by the World Bank. However, ‘disputes’ are to be decided upon by a Court of Arbitration and in case there are only ‘questions’ about the treaty, they will have to dealt with by the Permanent Indus Commission. Such a ‘difference’ had recently arisen when Pakistan objected the building of the Baglihar dam on the Chenab River (one of the rivers comprising the Indus river system) in Jammu and Kashmir by India. The World Bank eventually appointed Professor Raymond Lafitte in 2005 when at the request of the government of Pakistan. The expert took a decision in February 2007 which was welcomed by both India and Pakistan.
Despite the fact that the treaty look a long period of negotiations to before it could be signed, the Indus Waters Treaty could be considered as one of the most successful bilateral treaties between the two South Asian neighbors.
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