Indus Water Treaty: Ministry fails to appoint permanent commissioner

The Ministry of Water Resources has reportedly failed to appoint a permanent Pakistan Commissioner for Indus Water - a very sensitive post dealing with water issues with India within the deadline given by the cabinet, well-informed sources in the Ministry told Business Recorder.
Prime Minister approved the extension in period of additional charge of the post of the Pakistan Commissioner for Indus Water (PCIW) to Syed Mehar Ali Shah, Joint Secretary (Water) uptill December 31, 2019 on a summary of November 19, 2019 with the stipulation that in case of further extension beyond December 31, 2019, the Ministry shall submit a panel of three names before the federal cabinet.
However, when this issue came under discussion in the federal cabinet meeting on February 25, 2020, it was contended that the strategic importance of the post of Pakistan Commissioner for Indus Waters cannot be overemphasized. Implementation of the Indus Water Treaty 1960 has very overarching implications for Pakistan's geopolitical and economic interests being lower riparian country of the Indus Waters System. The appointment of PCIW is all the more sensitive as it requires not only highest degree of professional competence in the domain of hydrology, river management, dam construction but also requires very good negotiation skills as the incumbent is expected to handle multidimensional disputes and questions that may arise between the parties before the international fora like World Bank and courts of arbitration. The Commissioner should be articulate in diplomatic nuances so that he can confidently interact with his Indian counterpart and the Bank's officials so that he can neutralize India's moves to circumvent the Treaty's provisions.
Secretary Ministry of Water Resources stated that Pakistan is engaged with the World Bank in regard to Pakistan's outstanding disputes against India's Kishanganga and Ratle Hydroelectric plants. The Bank is actively pursuing the case in consultation with both the parties to settle the dispute. An extensive round of negotiations will ensue in the coming months as the Bank is seriously contemplating breaking the pause in the disputes particularly after the visit of the President of the World Bank in the last week of October, 2019 to India and Pakistan.
The obligatory meeting of the Permanent Indus Commission was also scheduled to be held before April 1, 2020, which has been postponed due to Covid-19 epidemic in both countries. The purpose of the meeting was to settle irritants after a yearly exchange of data and information as envisaged under the Treaty.
It was further informed that the post of PCIW could not be filled due to variety of reasons explained in the summary of January 1, 2020 to the Prime Minister. Efforts have focused on filling the post through promotion, by transfer and initial recruitment but to no avail. Draft rules with improved criterion in terms of experience and qualification, prepared on the direction of the Prime Minister, have been finalized after prolonged consultations with the stakeholders. The post would be filled on regular basis once the recruitment rules are approved by the federal cabinet.
Water Resources Division sought the approval of the Cabinet to the following proposals: (i) The temporary arrangement of additional charge to the JS(Water) may be extended till appointment on contract basis for which a separate summary has been submitted to the Prime Minister. In view of the expertise and experience of handling the Indus Water Treaty for the last two years and his current engagement with the World Bank on the water issues pending resolution with India, Syed Mehar Ali Shah(JS(W), Ministry of Water Resources stands out as best possible available officer for the slot. His period may be extended for three years i.e. from January 1,2020 to March 31,2020 or till the appointment of a regular PCIW; and the (ii) in compliance of the directions of the Prime Minister, a panel of three officers available in the Ministry was proposed in order of priority for assigning current charge, with no financial terms, of the post of the PCIW under the rules notably Mehar Ali Shah (BS-20); Alamgir Khan, Additional Secretary (BS-21) and Usman-e-Ghani (BS-20), Joint Commissioner PCIW.
According to sources, the summary was circulated to the Finance Division, Establishment Division and Ministry of Foreign Affairs for their views. Finance Division and Establishment Division opposed the proposal of entrusting additional charge with the suggestion that the proposed arrangement, under the instructions in vogue, falls within the ambit of current charge instead of additional charge.
They also raised objections to the order of the proposed panel being alien to the laid down instructions of the Establishment Division. However, Ministry of Foreign Affairs supported the proposal.
The sources further stated that the matter was re-examined in the light of the comments of both the Divisions. It was pointed out that there is no sanctioned post of the BS-21 in the Ministry of Water Resources. In view of the non availability of a suitable officer in the Ministry and its attached organisations or officer of PCIW, the Ministry is constrained to extend additional charge of the post of PCIW to a Joint Secretary who is on deputation from Nespak. It was stated that the proposed arrangement was purely temporary measure pending appointment of a person on contractual basis in the prescribed manner.
The Cabinet approved the extension in additional charge of Mehar Ali Shah till March 31, 2020 with the direction that recruitment rules be finalized/approved from competent forum within two weeks and accordingly, the post be advertised and filled by March 31, 2020.
However, Water Resources Division has failed to implement the decision of federal cabinet and the same officer is running the affairs of PCIW.
When contacted, Joint Secretary Admin, Water Resources Division, said that the Ministry will submit the status as per prescribed rules and regulations.