Indus Waters Treaty Neutral Expert Proceedings [PRESS RELEASE]

On 20 and 21 September 2023, Mr. Michel Lino, the Neutral Expert appointed under the Indus Waters Treaty 1960, held a second meeting with the Parties in proceedings commenced by the Republic of India against the Islamic Republic of Pakistan concerning India’s Ratle and Kishenganga Hydroelectric Plants.

The proceedings are administered by the Vienna Office of the PCA, in cooperation with its Mauritius Office, and the meeting was held at the Hofburg Palace in Vienna. Matters discussed in the meeting included the organization of a site visit, questions arising from India’s Memorial, which was submitted on 31 August 2023, and amendments to the Work Programme for the proceedings.

India was represented in these discussions by its Designated Representative, Shri Pankaj Kumar, then Secretary, Department of Water Resources, River Development and Ganga Rejuvenation, Ministry of Jal Shaki; by Mr.Kushvinder Vohra, Mr. S. K. Sibal, Mr.Narendra Singh Shekhawat, and Ms. M. S. Harshitha (Harshita Harris) of the Central Water Commission (CWC); by Ms. Uma Shekhar, Mr. J. P. Singh, Ms. Gitanjali Brandon, and Dr. Kumar Abhijeet of the Ministry of External Affairs; by India’s Commissioner for Indus Waters, Mr. A. K. Pal; by the Senior Joint Commissioner for Indus Waters, Mr. Naveen Kumar; by Mr. Vishal Kumar Saini and Mr. Arunesh Bihari Dwivedi of the National Hydroelectric Power Corporation (NHPC); by Prof. G.R. Basson and Prof. Dr. Anton J. Schleiss, as technical experts; and by Mr. Harish Salve KC, Mr. Ankur Talwar, and Mr. Anandh Venkatramani, as counsel.

Pakistan was represented by its Designated Representative, H.E. Mr. Ahmad Irfan Aslam, Minister of Law & Justice, Water Resources and Climate Change; by the Attorney General, H.E. Mr. Mansoor Awan; by the Secretary, Ministry of Water Resources, Mr. Ali Murtaza; by the Director General (South Asia) of the Ministry of Foreign Affairs, Mr. Ilyas Mehmood Nizami; by its Ambassador to the Republic of Austria, H.E. Mr. Aftab Ahmad Khokher; by its Indus Waters Commissioner, Mr. Syed Muhammad Mehar Ali Shah; by the General Manager of the National Engineering Services Pakistan (NESPAK), Mr. Khalid Mahmood; by Ms. Leena Nishtar of the Office of the Attorney General; by Dr. Gregory L. Morris and Mr. Peter J. Rae, as technical advisors; and by Sir Daniel Bethlehem KC, Mr. Sean Brannigan KC, Dr. Cameron Miles, and Ms. Laura Rees-Evans, as counsel.

Following the meeting, amended Work Programmes were issued by the Neutral Expert on 11 October and 2 November 2023.

Background on the Proceedings

On 13 October 2022, the International Bank for Reconstruction and Development (the World Bank), pursuant to Article IX and Annexure F of the Indus Waters Treaty 1960, and after consultation with each of the Parties, appointed Mr. Michel Lino as Neutral Expert in these proceedings.

The Neutral Expert convened a first meeting with the Parties on 27 and 28 February 2023 at the headquarters of the PCA at the Peace Palace, in The Hague.

Following the first meeting, the Neutral Expert’s Terms of Retainer were fixed on 2 May 2023 upon their signature by the Neutral Expert on that date after their signature by the representatives of each Party. The Terms of Retainer also recorded the appointment of Mr. Luc Deroo as the Neutral Expert’s Technical Assistant. On 1 June 2023, following consultation with the Parties, the Neutral Expert issued Supplemental Rules of Procedure, including a Work Programme. The Work Programme was subsequently revised on 21 August 2023.

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