Indian intransigence has prevented not just progress on the issues dividing Pakistan and India, but talks at all. There are several outstanding issues between the two countries, not least the Kashmir problem. Pakistan too has made progress on Kashmir, a precondition for talks on any other issue. As a result, the Sir Creek demarcation has yet to take place, with the result that the maritime boundary between the two is still unsettled, and neither is able to avail rights under the Law of the Sea treaty. There is also the issue of trade between the two. Apart from the Kashmir issue, there is also the issue of non-tariff barriers, which must be settled. As a result of this, both countries are passing up an opportunity.
However, the two sides have got down to the annual meeting of the Indus Waters Commission, which they are not holding because of the importance of the subject matter of the talks (though it is very important), but because of a treaty requirement, for the Indus Waters Treaty requires that the Commission, which comprises one Commissioner each from either country, must meet every year before March 31, alternately in each country. The last meeting took place in New Delhi on March 23 and 24. That meeting also showed the utility of the mechanism, and of talks in general, because it resulted in an agreement to let Pakistan inspect the controversial Kishen Ganga hydel project. The meeting also led to India sharing information and documents on two hydropower projects. This year’s meeting will take up Pakistani objections to 10 Indian projects.
The secret? The meetings are between irrigation engineers, but more importantly, they are held in obedience to a treaty guaranteed by the World Bank. The World Bank is clearly stronger than the UN Security Council, whose resolutions on Kashmir India blithely ignores. While there is no path from the Commission to talks, the example should be useful for other areas. True, issues arising from the sharing of the Indus waters are not necessarily solved, but the dialogue goes on. As long as the BJP rules in New Delhi, it is perhaps unwise to expect the right lessons to be drawn by the Indian side, but Pakistan should keep this example before it.
