India and Pakistan Participate in Neutral Expert Meeting on Indus Waters Treaty

A delegation from India recently participated in a meeting pertaining to the Kishenganga and Ratle matters within the framework of the Indus Waters Treaty at the Permanent Court of Arbitration in Vienna on September 20 and 21, as announced by the Ministry of External Affairs (MEA).

The meeting, held under the supervision of a Neutral Expert appointed at India’s request, included representatives from both India and Pakistan. India’s delegation, led by the Department of Water Resources Secretary, featured Senior Advocate Harish Salve KC as India’s Lead Counsel for the proceedings.

The MEA emphasized India’s steadfast commitment to the Indus Waters Treaty’s graded mechanism, citing it as the primary rationale for India’s non-participation in parallel proceedings conducted by what India considers an “illegally constituted Court of Arbitration” addressing the same issues related to the Kishenganga and Ratle Hydroelectric Projects (HEPs).

In a statement, the MEA clarified, “It is for this reason that India has taken the Treaty-consistent decision to not participate in the parallel proceedings being conducted by an illegally constituted Court of Arbitration on the same set of issues pertaining to the Kishenganga and Ratle HEPs.”

Furthermore, the MEA highlighted that the Neutral Expert proceedings are ongoing and expected to continue for some time. India expressed its commitment to engage in a manner that aligns with the provisions of the Indus Waters Treaty, supporting the resolution of issues.

Earlier, in July, the MEA had asserted India’s stance, stating that India could not be compelled to partake in parallel proceedings that were not envisioned within the Indus Waters Treaty. India maintained that the establishment of the so-called Court of Arbitration contradicted the treaty’s provisions.

The MEA’s release stated, “We have seen a press release issued by the Permanent Court of Arbitration (PCA) mentioning that an illegally constituted so-called Court of Arbitration has ruled that it has the ‘competence’ to consider matters concerning the Kishenganga and Ratle hydroelectric projects.”

It added, “India’s consistent and principled position has been that the constitution of the so-called Court of Arbitration is in contravention of the provisions of the Indus Waters Treaty. India cannot be compelled to recognize or participate in illegal and parallel proceedings not envisaged by the Treaty.”

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