Kishanganga, Ratle hydropower projects: Neutral expert holds third meeting with Pakistan, India teams

ISLAMABAD: Michel Lino, a neutral expert appointed under the Indus Waters Treaty 1960, held a third meeting with the parties – Pakistan and India – in Vienna in proceedings commenced by India against Pakistan regarding India’s Ratle and Kishenganga hydroelectric plants, says a press release, issued on Friday.

“The neutral expert will proceed accordingly to prepare his decision on competence under paragraph 7 of annexure F of Indus Waters Treaty.”

Following written submissions made by the parties on the subject earlier this year, the third meeting concerned the competence of the neutral expert under paragraph 7 of annexure F to the Treaty. Each party made opening and rebuttal submissions. Pakistan’s submissions were made by its designated representative, Ahmad Irfan Aslam, and its counsel, Sir Daniel Bethlehem KC, Professor Philippa Webb and Dr Cameron Miles. India’s submissions were made by its designated representative and secretary, Department of Water Resources, River Development & Ganga Rejuvenation, Ms Debashree Mukherjee, and its counsel, Harish Salve KC.

Pakistan was also represented by Syed Ali Murtaza, federal secretary, Ministry of Water Resources; Syed Muhammad Mehar Ali Shah, its Indus Waters Commissioner; Ilyas Mehmood Nizami, director general South Asia of the Ministry of Foreign Affairs; Assad Khan Burki, legal advisor of the Ministry of Foreign Affairs; Adeel Ahmed Khan and Hassan Abbas from the Embassy of Pakistan in Vienna; and Ms Laura Rees-Evans and Abdullah Tariq, counsel. The parties’ submissions on the neutral expert’s competence under paragraph 7 of annexure F to the Treaty are now complete.

India was also represented in the meeting by Kushvinder Vohra, ex-officio secretary and chairman, Central Water Commission (CWC); Ms Uma Shekhar, additional secretary, Ministry of External Affairs (MEA); JP Singh, joint secretary, MEA; Darpan Talwar, its Indus Waters Commissioner; Vivek Tripathi, chief engineer, CWC; Sharvan Kumar, chief engineer (Hydro-Power Planning & Investigation), Central Electricity Authority, Ministry of Power (MoP); Ms Chitrangna Singh, director, MEA; Naveen Kumar, senior joint commissioner for Indus Waters; Narendra Singh Shekhawat and Samarth Agarwal, director of the CWC; Dr Kumar Abhijeet, legal officer, MEA; Vishal Kumar Saini, executive director and Shrish Dubey, general manager of NHPC Ltd., MoP; Ms Nidhi Dhiman, first secretary of the Embassy of India in Vienna; Ms Chetna Rai and Anandh Venkataramani, counsel; and Prof GR Basson and Dr Kim Wium Olesen, technical experts.

On Oct 13, 2022, the International Bank for Reconstruction and Development (World Bank), pursuant to Article IX and Annexure F of the Indus Waters Treaty 1960, and after consultation with each of the parties, appointed Michel Lino as a neutral expert in proceedings commenced by India against the Pakistan concerning the KHEP and the RHEP. The neutral expert convened a first meeting with the parties on Feb 27-28, 2023 at the headquarters of the Permanent Court of Arbitration at the Peace Palace, in The Hague.

Following the first meeting, the neutral expert’s terms of retainer were fixed on May 2, 2023. The terms of retainer also recorded the appointment of Luc Deroo as the neutral expert’s technical assistant. On June 1, 2023, the neutral expert issued supplemental rules of procedure, including a work programme, which was subsequently revised on Aug 21, Oct 11 and Nov 2, 2023, and most recently on May 29 and June 4, 2024.

On June 5, 2023, the PCA was appointed as registry and secretariat by the neutral expert. The proceedings are administered by the Vienna Office of the PCA, in cooperation with its Mauritius Office. On Aug 31, 2023, India submitted its memorial. A second meeting with the parties was held on Sept 20-21, 2023 at the Imperial Hofburg Palace in Vienna. Matters discussed at that meeting included the organisation of the first site visit, questions arising from India’s memorial, and amendments to the work programme for the proceedings. Following the second meeting, Pakistan submitted its statement under paragraph 7 of annexure F to the Treaty on Feb 1, 2024 and India submitted its paragraph 7 statement and response to Pakistan’s paragraph 7 statement on June 14, 2024. From June 20 to 28, 2024, the neutral expert conducted a site visit of the KHEP and the RHEP, preceded by a 3-day preparatory visit by the technical assistant and a two-person engineering team from each party.