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WATERLAW  January 2005

WATERLAW January 2005

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Subject:

Baglihar dam: diplomatic offensive launched

From:

Saleh Saleh <[log in to unmask]>

Reply-To:

Water Law Discussion List <[log in to unmask]>

Date:

Wed, 12 Jan 2005 23:53:29 +0000

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Dear members,

Hope you are all well.
Please excuse my recent incursion into your inboxes with a reply meant
solely for Mr Andrei Jourvalev.
*****************************************************************************************************

Baglihar dam: diplomatic offensive launched


ISLAMABAD, Jan 12 : Pakistan has launched diplomatic offensive against
India over the crucial issue of Baglihar Dam as all is set to take the
dispute to World Bank, and if not settled, to the International Court of
Justice (ICJ).


The Pakistani authorities have planned to utilize all diplomatic
channels before moving the case to the World Bank since India is
continuously trying to linger on its solution till completion of the
construction work mostly likely in April this year, media report said.


Secretary Water and Power Ishfaq Mehmood and Senior Foreign Office
official Jaleel Abbasi jointly gave a detailed briefing to the diplomats
from European Union, Japan and Canada and informed them as to why
Pakistan is going to the World Bank for appointment of a neutral expert
on this particular issue.


"Pakistan diplomats stationed abroad will also play their role by
telling the factual position on the Baglihar project that is an absolute
negation of the international rules regarding the water flows and the
rights of low riparian," sources said.


Such kind of briefings to the diplomats are also to be held in Islamabad
so as to inform the international community about India's violation of
Indus Waters Treaty 1960 with construction of the Baglihar project on
Chenab River without seeking permission.


India is building the Baglihar Dam in held Valley of Kashmir on Chenab
River in sheer violation of the water treaty 1960 as it will adversely
affect water flows to Pakistan for four weeks ranging between 7 and 8
thousand cusses per day in the most crucial Rabi season.


Pakistan and India remained failed to settle the issue amicably despite
holding several rounds of talks in the last three years, and now
Islamabad has decided to ask World Bank, that facilitated the 1960
treaty, for appointment of neutral expert.


Meanwhile, Foreign Office spokesman Masood Khan said Pakistan has
decided to approach the World Bank to resolve differences over the issue
of construction of Baglihar hydropower project in Jammu and Kashmir.


He said that the outcome of meetings with Indian officials over the
Baglihar project were "not encouraging." "Pakistan has decided to invoke
Article 9-2 of the treaty. We believe that India is violating the Indus
Waters Treaty by constructing the dam on the Chenab," he added.


Khan maintained that the final decision was taken at a high level
meeting presided over by Prime Minister Shaukat Aziz. The concerned
authorities have been directed to make preparations on priority basis to
approach the World Bank.


The World Bank played a major role to finalise 1960 Indus Waters Treaty
between India and Pakistan to share the waters of six rivers that flow
from India to the neighboring country.


According to sources, Islamabad has already drawn the attention of the
World Bank to the dispute while referring to the relevant clauses of the
1960 water treaty.
****************************************************************************************************

Saleh M.K. Saleh Eissa
LLM Candidate
International Water Law Research Institute,
Park Place, University of Dundee,
Dundee,
DD1 4HN,
Scotland,
United Kingdom.

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