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Indus Waters Treaty

  • 19 Sep 2024

On 18th September, 2024, India issued a notice to Pakistan seeking a review of the Indus Waters Treaty (IWT), a pact that governs the water-sharing of six rivers in the Indus system between the two countries.

  • India cited "fundamental and unforeseen" changes in circumstances, invoking Article XII(3) of the IWT, which allows modifications through a ratified treaty between both nations.
  • History of Dispute: The dispute largely revolves around India's construction of the Kishanganga and Ratle Hydroelectric Projects (HEPs) on the Kishanganga and Chenab rivers, respectively.
  • Pakistan has raised objections to these projects, initiating the Treaty’s dispute resolution mechanisms on multiple occasions.
  • Recent Developments: In 2015, Pakistan requested a Neutral Expert to examine technical objections to these projects. However, Pakistan later sought a Court of Arbitration in 2016, bypassing the Treaty’s graded resolution process.
  • India countered this by asking for the appointment of a Neutral Expert, arguing that Pakistan's move to seek arbitration violated the Treaty's procedural guidelines.
  • Pakistan escalated the issue to the World Bank, which acts as the acknowledged facilitator of the Treaty. After a "pause" in 2016 to explore alternatives, the World Bank resumed parallel processes for both the Neutral Expert and the Court of Arbitration in March 2022.
  • Dispute Redressal Mechanism: The IWT dispute redressal process is a three-tier mechanism:
    • Indus Commissioners of both nations discuss any issues.
    • If unresolved, a Neutral Expert is appointed to examine the technical aspects.
    • If a Neutral Expert cannot resolve the issue, the matter is elevated to the Court of Arbitration for final adjudication.