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UN Resolution on Kashmir

Kashmir in the United Nations

  1. Resolution 38 (1948) adopted by the Security Council at its 229th Meeting held on 17 January 1948

  2. Resolution 39 (1948) adopted by the Security Council at its 230th Meeting held on 20 January 1948

  3. Draft Resolution presented by the President of the Security Council and the Rapporteur on 6 February 1948

  4. Resolution 47 (1948) adopted by the Security Council at its 286th Meeting held on 21 April 1948

  5. Resolution 51 (1948) adopted by the Security Council at its 312th Meeting held on 3 June 1948

  6. Resolution adopted by the United Nations Commission for India and Pakistan on 13 August 1948

  7. Resolution adopted by the United Nations Commission for India and Pakistan on 5 January 1949

  8. Proposal in respect of Jammu and Kashmir made by General A.G.L. McNaughton, President of the Security Council of the United Nations on 22 December 1949

  9. Resolution 80 (1950) adopted by the Security Council at its 470th Meeting held on 14 March 1950

  10. Resolution 91 (1951) adopted by the Security Council at its 539th Meeting held on 30 March 1951

  11. Resolution 96 (1951) adopted by the Security Council al its 566th Meeting held on 10 November 1951

  12. Resolution 98 (1952) adopted by the Security Council at its 611th Meeting held on 23 December 1952

  13. Resolution 122 (1957) adopted by the Security Council at its 765th Meeting held on 24 January 1957

  14. Draft Resolution presented by Australia, Cuba, U.K. and U.S.A. on 14 February 1957

  15. Resolution 123 (1957) adopted by the Security Council at its 774th Meeting held on 21 February 1957

  16. Draft Resolution presented by Australia, Columbia,Philippines on 16 November 1957

  17. Resolution 126 (1957) adopted by the Security Council at its 808th Meeting held on 2 December 1957

  18. Draft Resolution submitted by Ireland to the Security Council on June 22, 1962

  19. Statement of the President of the Security Council (French Representative) made on the 18 May 1964 at the 1117th Meeting of the Council (Document No. S/PV. 1117, dated the 18 May l964) summarizing the conclusion of the debate on Kashmir

  20. Resolution 209 (1965) adopted by the Security Council at its 1237th Meeting held on 4 September 1965

  21. Resolution 210 (1965) adopted by the Security Council at its 1238th Meeting held on 6 September 1965

  22. Resolution 211 (1965) adopted by the Security Council at its 1242nd Meeting held on 20 September 1965

  23. Resolution 214 (1965) adopted by the Security Council at its 1245th Meeting held on 27 September 1965

  24. Resolution 215 (1965) adopted by the Security Council at its1251st Meeting held on 5 November 1965

  25. Resolution 303 (1971) adopted by the Security Council at its1606th Meeting held on 6 December 1971

  26. Question considered by the Security Council at its 1606th, 1607th and 1608th Meetings held on 4,5 and 6 December 1971

  27. Resolution 307 (1971) adopted by the Security Council at its 1616th Meeting held on 21 December 1971

* RESOLUTION 38 (1948) SUBMITTED BY THE REPRESENTATIVE OF BELGIUM AND ADOPTED BY THE SECURITY COUNCIL AT ITS 229TH MEETING HELD ON 17 JANUARY 1948. (DOCUMENT NO. S/65I, DATED THE 17TH JANUARY, 1948).

THE SECURITY COUNCIL,

Having heard statements on the situation in Kashmir from the representatives of the Governments of India and Pakistan,

Recognizing the urgency of the situation,

Taking note of the telegram addressed on 6 January by its President to each of the parties and of their replies thereto; and in which they affirmed their intention to conform to the Charter of the United Nations.

  1. Calls upon both the Government of India and the Government of Pakistan to take immediately all measures within their power (including public appeals to their people) calculated to improve the situation, and to refrain from making any statements and from doing or causing to be done or permitting any acts which might aggravate the situation;

  2. Further requests each of those Governments to inform the Council immediately of any material change in the situation which occurs or appears to either of them to be about to occur while the matter is under consideration by the Council, and consult with the Council thereon.

*The Security Council voted on this Resolution on 17-1-48 with the following result:

Infavour: **Argentina, **Belgium, **Canada, China, **Columbia, France, **Syria, U.K and U.S.A.

Against: none

Abstaining: Ukrainian S.S.R. and U.S.S.R.

**Non-Permanent Members of the Security Council

*RESOLUTION 39 (1948) SUBMITTED BY THE REPRESENTATIVE OF BELGIUM AND ADOPTED BY THE SECURITY COUNCIL AT ITS 230TH MEETING HELD ON 20 JANUARY, 1948. (DOCUMENT NO. S/654, DATED THE 20TH JANUARY, 1948).

THE SECURITY COUNCIL

Considering that it may investigate any dispute or any situation which might, by its continuance, endanger the maintenance of international peace and security, and that, in the existing state of affairs between India and Pakistan, such an investigation is a matter of urgency,

Adopts the following resolution:

  1. A Commission of the Security Council is hereby established, composed of representatives of three Members of the United Nations, one to be selected by India, one to be selected by Pakistan, and the third to be designated by the two so selected.Each representative on the Commission shall be entitled to select his alternates and assistants.

  2. The Commission shall proceed to the spot as quickly as possible. It shall act under the authority of the Security Council and in accordance with the directions it may receive from it. It shall keep the Security Council currently informed of its activities and of the development of the situation. It shall report to the Security Council regularly, submitting its conclusions and proposals.

  3. The Commission is invested with a dual function; (1) to investigate the facts pursuant to Article 34 of the Charter of the United Nations; (2) to exercise, without interrupting the work of the Security Council, any mediatory influence likely to smooth away difficulties, to carry out the directions given to it by the Security Council; and to report how far the advice and directions, if any, of the Security Council, have been carried out.

  4. The Commission shall perform the functions described in Clause C: (1) in regard to the situation in Jammu and Kashmir State set out in the letter of the Representative of India addressed to the President of the Security Council, dated 1 January 1948, and in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948; and (2) in regard to other situations set out in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948, when the Security Council so directs.

  5. The Commission shall take its decision by majority vote. It shall determine its own procedure. It may allocate among its members, alternate members, their assistants, and its personnel such duties as may have to be fulfilled for the realization of its mission and the reaching of its conclusions.

  6. The Commission, its members, alternate members, their assistants, and its personnel, shall be entitled to journey separately or together, wherever the necessities of their task may require, and, in particular within those territories which are the theater of the events of which the Security Council is seized.

  7. The Secretary-General shall furnish the Commission with such personnel and assistance as it may consider necessary.

*The Security Council voted on this Resolution on 20-1-1948 with the following result:

Infavour: **Argentina, **Belgium, **Canada, China, **Columbia, France, **Syria, U.K. and U.S.A

Against: None

Abstaining: Ukrainian S. S. R. and U. S. S. R.

**Non-Permanent Members of the Security Council.
*DRAFT RESOLUTION PRESENTED BY THE PRESIDENT (CANADA) OF THE SECURITY COUNCIL AND THE RAPPORTEUR (BELGIUM) ON 6 FEBRUARY, 1948 (DOCUMENT NO. 667, DATED THE 10TH FEBRUARY, 1948)

THE SECURITY COUNCIL

  1. Having considered the claims and allegations of India and Pakistan expresses the conviction that a peaceful settlement of the dispute about the accession of Jammu and Kashmir will best promote the interests of the peoples of Jammu and Kashmir of India, and of Pakistan.

  2. Considers that it is urgent and important to stop acts of violence and hostility in Jammu and Kashmir and to decide the question of whether the State of Jammu and Kashmir shall accede to Pakistan or to India by the democratic method of a plebiscite to be held, as recognized by the parties, under the auspices of the United Nations to ensure complete impartiality.

  3. Believes that the joint action of the Governments of India and Pakistan is required to carry out the purposes setforth below:

  4. Alternative A
    Takes note with satisfaction that both Governments, in seeking a solution by negotiation under the auspices of the Council, have agreed to cooperate with each other and with the Council in developing specific proposals, and, to this end, to apply the following, principles which, in the opinion of the Council, should, among others, constitute the basis of a just settlement;

Alternative B

Appeals, therefore, to both parties, in seeking a solution by negotiation under the auspices of the Council, to cooperate with each other and with the Council in developing specific proposals and, to this end, to apply the following principles which, in the opinion of the Council, should, among others, constitute the basis of a just settlement;

    1. Acts of violence and hostility must end.

    2. The withdrawal and continued exclusion of all irregular forces and armed individuals who have entered Jammu and Kashmir from outside must be brought about, each party using to that end all the influence at its disposal.

    3. Regular armed forces in aid of the establishment and maintenance of order must be made available. In this connection the Governments should seek to ensure cooperation between their military forces to establish order and security until the question of accession shall have been determined by the plebiscite.

    4. Regular armed forces must be withdrawn as soon as reestablishment of law and order permits.

    5. After acts of violence and hostility have ceased, all citizens of the Jammu and Kashmir State, who had left on account of the recent disturbances, shall be invited and be free to return to their homes and to exercise all their rights without any restrictions on legitimate political activity. There shall be no victimization. All political prisoners should be released.

    6. The conditions necessary for a free and fair plebiscite on the question of whether the State of Jammu and Kashmir shall accede to India or to Pakistan, including an interim administration which will command confidence and respect of the people of the State of Jammu and Kashmir must be established.

    7. Such conditions include that the plebiscite must be organized, held and supervised under the authority of the Security Council at the earliest possible date.

*This draft resolution was considered by the Security Council on 10th and 11th February, 1948, but was not put to vote. Subsequent]y, a Joint Draft Resolution was introduced by the Representatives of Belgium, Canada, China, Columbia, United Kingdom and the United States of America and its amended version (Doc. No S/726) was adopted by the Security Council on 21-4-1948, vide Resolution No 47 (I948).

RESOLUTION 47 (1948) ON THE INDIA-PAKISTAN QUESTION SUBMITTED JOINTLY BY THE REPRESENTATIVES FOR BELGIUM, CANADA, CHINA, COLUMBIA, THE UNITED KINGDOM AND UNITED STATES OF AMERICA AND ADOPTED BY THE SECURITY COUNCIL AT ITS 286TH MEETING HELD ON 21 APRIL, 1948. (DOCUMENT NO. S/726, DATED THE 21ST APRIL, 1948).

THE SECURITY COUNCIL

Having considered the complaint of the Government of India concerning the dispute over the State of Jammu and Kashmir, having heard the representative of India in support of that complaint and the reply and counter complaints of the representative of Pakistan,

Being strongly of opinion that the early restoration of peace and order in Jammu and Kashmir in essential and that India and Pakistan should do their utmost to bring about cessation of all fighting,

Noting with satisfaction that both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan would be decided through the democratic method of a free and impartial plebiscite,

Considering that the continuation of the dispute is likely to endanger international peace and security,

Reaffirms its resolution 38 (1948) of 17 January 1948;

Resolves that the membership of the Commission established by its resolution 39 (1948) of 20 January 1948, shall be increased to five and shall include, in addition to the membership mentioned in that Resolution, representatives of ....and ..., and that if the membership of the commission has not been completed within ten days from the date of the adoption of this resolution the President of the Council may designate such other Member or Members of the United Nations as are required to complete the membership of five;

Instructs the Commission to proceed at once to the Indian sub-continent and there place its good offices and mediation at the disposal of the Governments of India and Pakistan with a view to facilitating the taking of the necessary measures, both with respect to the restoration peace and order and to the holding of a plebiscite by the two Governments, acting in co-operation with one another and with the Commission, and further instructs the Commission to keep the Council informed of the action taken under the resolution; and, to this end,

Recommends to the Governments of India and Pakistan the following measures as those which in the opinion of the Council and appropriate to bring about a cessation of the fighting and to create proper conditions for a free and impartial plebiscite to decide whether the State of Jammu and Kashmir is to accede to India or Pakistan.

 

A - RESTORATION OF PEACE AND ORDER

  1. The Government of Pakistan should undertake to use its best endeavors:

    1. To secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purposes of fighting, and to prevent any intrusion into the State of such elements and any furnishing of material aid to those fighting in the State;

    2. To make known to all concerned that the measures indicated in this and the following paragraphs provide full freedom to all subjects of the State, regardless of creed, caste, or party, to express their views and to vote on the question of the accession of the State, and that therefore they should co-operate in the maintenance of peace and order.

  2. The Government of India should:

    1. When it is established to the satisfaction of the Commission set up in accordance with the Council's Resolution 39 (1948) that the tribesmen are withdrawing and that arrangements for the cessation of the fighting have become effective, put into operation in consultation with the Commission a plan for withdrawing their own forces from Jammu and Kashmir and reducing them progressively to the minimum strength required for the support of the civil power in the maintenance of law and order;

    2. Make known that the withdrawal is taking place in stages and announce the completion of each stage;

    3. When the Indian forces shall have been reduced to the minimum strength mentioned in (a) above, arrange in consultation with the Commission for the stationing of the remaining forces to be carried out in accordance with the following principles:

      1. That the presence of troops should not afford any intimidation or appearance of intimidation to the inhabitants of the State;

      2. That as small a number as possible should be retained in forward areas;

      3. That any reserve of troops which may be included in the total strength should be located within their present base area.

  3. The Government of India should agree that until such time as the plebiscite administration referred to below finds it necessary to exercise the powers of direction and supervision over the State forces and policy provided for in paragraph 8, they will be held in areas to be agreed upon with the Plebiscite Administrator.

  4. After the plan referred to in paragraph 2(a) above has been put into operation, personnel recruited locally in each district should so far as possible be utilized for the reestablishment and maintenance of law and order with due regard to protection of minorities, subject to such additional requirements as may be specified by the Plebiscite Administration referred to in paragraph 7.

  5. If these local forces should be found to be inadequate, the Commission, subject to the agreement of both the Government of India and the Government of Pakistan, should arrange for the use of such forces of either Dominion as it deems effective for the purpose of pacification.

B - PLEBISCITE

  1. The Government of India should undertake to ensure that the Government of the State invite the major political groups to designate responsible representatives to share equitably and fully in the conduct of the administration at the ministerial level, while the plebiscite is being prepared and carried out.

  2. The Government of India should undertake that there will be established in Jammu and Kashmir a Plebiscite Administration to hold a plebiscite as soon as possible on the question of the accession of the State to India or Pakistan.

  3. The Government of India should undertake that there will be delegated by the State to the Plebiscite Administration such powers as the latter considers necessary for holding a fair and impartial plebiscite including, for that purpose only, the direction and supervision of the State forces and police.

  4. The Government of India should at the request of the Plebiscite Administration, make available from the Indian forces such assistance as the Plebiscite Administration may require for the performance of its functions.

  5.  

    1. The Government of India should agree that a nominee of the Secretary-General of the United Nations will be appointed to be the Plebiscite Administrator.

    2. The Plebiscite Administrator, acting as an officer of the State of Jammu and Kashmir, should have authority to nominate the assistants and other subordinates and to draft regulations governing the Plebiscite. Such nominees should be formally appointed and such draft regulations should be formally promulgated by the State of Jammu and Kashmir.

    3. The Government of India should undertake that the Government of Jammu and Kashmir will appoint fully qualified persons nominated by the Plebiscite Administrator to act as special magistrates within the State judicial system to hear cases which in the opinion of the Plebiscite Administrator have a serious bearing on the preparation and the conduct of a free and impartial plebiscite.

    4. The terms of service of the Administrator should form the subject of a separate negotiation between the Secretary-General of the United Nations and the Government of India. The Administrator should fix the terms of service for his assistants and subordinates.

    5. The Administrator should have the right to communicate directly, with the Government of the State and with the Commission of the Security Council and, through the Commission, with the Security Council, with the Governments of India and Pakistan and with their representatives with the Commission. It would be his duty to bring to the notice of any or all of the foregoing (as he in his discretion may decide) any circumstances arising which may tend, in his opinion, to interfere with the freedom of the Plebiscite.

  6. The Government of India should undertake to prevent and to give full support to the Administrator and his staff in preventing any threat, coercion or intimidation, bribery or other undue influence on the voters in the plebiscite, and the government of India should publicly announce and should cause the Government of the State to announce this undertaking as an international obligation binding on all public authorities and officials in Jammu and Kashmir.

  7. The Government of India should themselves and through the government of the State declare and make known that all subjects of the state of Jammu and Kashmir, regardless of creed, caste or party, will be safe and free in expressing their views and in voting on the question of the accession of the State and that there will be freedom of the Press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit.

  8. The Government of India should use and should ensure that the Government of the State also use their best endeavor to effect the withdrawal from the State of all Indian nationals other than those who are normally resident therein or who on or since l5th August 1947 have entered it for a lawful purpose.

  9. The Government of India should ensure that the Government of the State releases all political prisoners and take all possible steps so that:

    1. all citizens of the State who have left it on account of disturbances are invited and are free to return to their homes and to exercise their rights as such citizens;

    2. there is no victimization;

    3. minorities in all parts of the State are accorded adequate protection.

  10. The Commission of the Security Council should at the end of the plebiscite certify to the Council whether the plebiscite has or has not been really free and impartial.

C-GENERAL PROVISIONS

  1. The Governments of India and Pakistan should each be invited to nominate a representative to be attached to the Commission for such assistance as it may require in the performance of its task.

  2. The Commission should establish in Jammu and Kashmir such observers as it may require of any of the proceedings in pursuance of the measures indicated in the foregoing paragraphs.

  3. The Security Council Commission should carry out the tasks assigned to it herein.

* The Security Council voted on this Resolution on 20-1-1948 with the following result:-

In favor: **Argentina, **Canada. China, France, **Syria, U. K, and U. S. A

Against: None

Abstaining: **Belgium, **Columbia, **Ukrainian S. S. R. . and U. S. S. R.

** Non-permanent Members of the Security Council.

 

*RESOLUTION 51 (1948) ON THE INDIA-PAKISTAN QUESTION SUBMITTED BY THE REPRESENTATIVE OF SYRIA AND ADOPTED BY THE SECURITY COUNCIL AT ITS 312TH MEETING HELD ON 3 JUNE, 1948 (DOCUMENT NO. S/819, DATED THE 3RD JUNE, 1948).

THE SECURITY COUNCIL

1. Reaffirms its resolutions 38 (1948) of 17 January, 39 (1948) of 20 January, and 47 (1948) of 21 April, 1948;

2. Directs the United Nations Commission for India and Pakistan to proceed without delay to the areas of dispute with a view to accomplishing in priority the duties assigned to it by the resolution 47 (1948),

3. Directs the Commission further to study and report to the Security Council when it considers appropriate on the matters raised in the letter of Foreign Minister of Pakistan, dated 15th January, 1948, in the

order outlined in paragraph D of Council resolution 39 ( 1948).

*The Security Council voted on this Resolution on 3-6-1948 with the following result -

In favor: **Argentina **Belgium, **Canada, **Columbia, France, **Syria, U. K, and U.S.A

*RESOLUTION ADOPTED BY THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN ON 13 AUGUST 1948. (DOCUMENT NO. S/1100, PARA 75, DATED THE 9TH NOVEMBER, 1948)

THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN

Having given careful consideration to the points of view expressed by the Representatives of India and Pakistan regarding the situation in the State of Jammu and Kashmir, and

Being of the opinion that the prompt cessation of hostilities and the coercion of conditions the continuance of which is likely to endanger international peace and security are essential to implementation of its endeavors to assist the Governments of India and Pakistan in effecting a final settlement of the situation.

Resolves to submit simultaneously to the Governments of India and Pakistan the following proposal

PART I

CEASE-FIRE ORDER

  1. The Governments of India and Pakistan agree that their respective High Commands will issue separately and simultaneously a cease- fire order to apply to all forces under their control in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments.

  2. The High Commands of Indian and Pakistan forces agreed to refrain from taking any measures that might augment the military potential of the forces under their control in the State of Jammu and Kashmir. (For the purpose of these proposals "forces under their control shall be considered to include all forces, organized and unorganized, fighting or participating in hostilities on their respective sides).

  3. The Commanders-in-Chief of the Forces of India and Pakistan shall promptly confer regarding any necessary local changes in present dispositions which may facilitate the cease-fire.

  4. In its discretions and as the Commission may find practicable, the Commission will appoint military observers who under the authority of the Commission and with the co-operation of both Commands will supervise the observance of the cease-fire order.

  5. The Government of India and the Government of Pakistan agree to appeal to their respective peoples to assist in creating and maintaining an atmosphere favorable to the promotion of further negotiations.

PART II

TRUCE AGREEMENT

Simultaneously with the acceptance of the proposal for the immediate cessation of hostilities as outlined in Part I, both Governments accept the following principles as a basis for the formulation of a truce agreement, the details of which shall be worked out in discussion between their Representatives and the Commission.

  1. (l) As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.

(2) The Government of Pakistan will use its best endeavor to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistan nationals not normally resident therein who have entered the State for the purpose of fighting.

(3) Pending a final solution the territory evacuated by the Pakistan troops will be administered by the local authorities under the surveillance of the Commission.

  1. (1) When the Commission shall have notified the Government of India that the tribesmen and Pakistan nationals referred to in Part II A 2 hereof have withdrawn, thereby terminating the situation which was represented by the Government of India to the Security Council as having occasioned the presence of Indian forces in the State of Jammu and Kashmir, and further, that the Pakistan forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agrees to begin to withdraw the bulk of their forces from the State in stages to be agreed upon with the Commission

(2) Pending the acceptance of the conditions for a final settlement of the situation in the State of Jammu and Kashmir, the Indian Government will maintain within the lines existing at the moment of cease-fire the minimum strength of its forces which in agreement with the Commission are considered necessary to assist local authorities in the observance of law and order. The Commission will have observers stationed where it deems necessary.

(3) The Government of India will undertake to ensure that the Government of the State of Jammu and Kashmir will take all measures within their power to make it publicly known that peace, law and order will be safeguarded and that all human and political rights will be guaranteed.

  1. (1) Upon signature, the full text of the Truce Agreement or communiqué containing the principles thereof as agreed upon between the two Governments and the Commission, will be made public.

 

PART III

The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the Truce Agreement both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured.

 

*The UNCIP unanimously adopted this Resolution on 13-8-1948.

Members of the Commission: Argentina. Belgium, Columbia, Czechoslovakia and U.S.A.

*RESOLUTION ADOPTED AT THE MEETING OF THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN ON 5 JANUARY, 1949. (DOCUMENT NO. S/1196, PARA IS, DATED THE 10TH JANUARY, 1949)

THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN,

Having received from the Governments of India and Pakistan in Communications, dated December 23 and December 25, 1948, respectively their acceptance of the following principles which are supplementary to the Commission's Resolution of August 13, 1948;

  1. The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite;

  2. A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission's resolution of 13 August 1948, have been carried out and arrangements for the plebiscite have been completed;

  3.  

    1. The Secretary-General of the United Nations will, in agreement with the Commission, nominate a Plebiscite Administrator who shall be a personality of high international standing and commanding general confidence. He will be formally appointed to office by the Government of Jammu and Kashmir.

    2. The Plebiscite Administrator shall derive from the State of Jammu and Kashmir the powers he considers necessary for organizing and conducting the plebiscite and for ensuring the freedom and impartiality of the plebiscite.

    3. The Plebiscite Administrator shall have authority to appoint such staff or assistants and observers as he may require.

  4.  

    1. After implementation of Parts I and II of the Commission's resolution of 13 August 1948, and when the Commission is satisfied that peaceful conditions have been restored in the State, the Commission and the Plebiscite Administrator will determine, in consultation with the Government of India, the final disposal of Indian and State armed forces, such disposal to be with due regard to the security of the State and the freedom of the plebiscite.

    2. As regards the territory referred to in A 2 of Part II of the resolution of 13 August, final disposal of the armed forces in that territory will be determined by the Commission and the Plebiscite Administrator in consultation with the local authorities.

  5. All civil and military authorities within the State and the principal political elements of the State will be required to co-operate with the Plebiscite Administrator in the preparation for and the holding of the plebiscite.

  6.  

    1. All citizens of the State who have left it on account of the disturbances will be invited and be free to return and to exercise all their rights as such citizens. For the purpose of facilitating repatriation there shall be appointed two Commissions, one composed of nominees of India and the other of nominees of Pakistan.

The Commissions shall operate under the direction of the Plebiscite Administrator. The Governments of India and Pakistan and all authorities within the State of Jammu and Kashmir will collaborate with the Plebiscite Administrator in putting this provision to effect.

    1. All persons (other than citizens of the State) who on or since 15 August 1947, have entered it for other than lawful purpose, shall be required to leave the State.

  1. All authorities within the State of Jammu and Kashmir will undertake to ensure in collaboration with the Plebiscite Administrator that:

    1. There is no threat, coercion or intimidation, bribery other undue influence on the voters in plebiscite;

    2. No restrictions are placed on legitimate political activity throughout the State. All subjects of the State, regardless of creed, caste or party, shall be safe and free in expressing their views and in voting on the question of the accession of the State to India or Pakistan. There shall be freedom of the Press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit;

    3. All political prisoners are released;

    4. Minorities in all parts of the State are accorded adequate protection; and

    5. There is no victimization.

  2. The Plebiscite Administrator may refer to the United Nations Commission for India and Pakistan problems on which he may require assistance, and the Commission may in its discretion call upon the Plebiscite Administrator to carry out on its behalf any of the responsibilities with which it has been entrusted;

  3. At the conclusion of the plebiscite, the Plebiscite Administrator shall report the result thereof to the Commission and to the Government of Jammu and Kashmir. The Commission shall then certify to the Security Council whether the Plebiscite has or has not been free and impartial;

  4. Upon the signature of the truce agreement the details of the foregoing proposals will be elaborated in the consultation envisaged in Part III of the Commission's resolution of 13 August 1948. The Plebiscite Administrator will be fully associated in these consultations;

Commends the Governments of India and Pakistan for their prompt action in ordering a cease-fire to take effect from one minute before midnight of first January 1949, pursuant to the agreement arrived at as provided for by the Commission's resolution of 13 August 1948; and

Resolves to return in the immediate future to the sub-continent to discharge the responsibilities imposed upon it by the resolution of 13 August 1948, and by the foregoing principles.

* UNCIP unanimously adopted this Resolution on 5-1-1949.

Members of the Commission: Argentina, Belgium, Columbia, Czechoslovakia and U.S.A.

PROPOSAL IN RESPECT OF JAMMU AND KASHIR MADE BY GENERAL A.G.L. McNAUGHTON PRESIDENT OF THE SECURITY COUNCIL OF THE UNITED NATIONS, PURSUANT TO THE DECISION OF THE SECURITY COUNCIL TAKEN AT ITS 457TH MEETING, ON 22 DECEMBER, 1949.

  1. The principal considerations underlying the following proposals of the President of the Security Council of the United Nations are:

    1. To determine the future of Jammu and Kashmir by the democratic method of the free and impartial plebiscite, to take place as early as possible;

    2. Thus to settle this issue between the Governments of India and Pakistan in accordance with the freely expressed will of the inhabitants, as is desired by both Governments:

    3. To preserve the substantial measure of agreement of fundamental principles which has already been reached between the two Governments under the auspices of the United Nations

    4. To avoid unprofitable discussion of disputed issues of the past, and to look forward into the future towards the good-neighborly and constructive cooperation of the two great nations.

 

DEMILITARISATION PREPARATORY TO THE PLEBISCITE

  1. There should be an agreed program of progressive demilitarization, the basic principle of which should be the reduction of armed forces on either side of the Cease-Fire Line by withdrawal, disbandment and disarmament in such stages as not to cause fear at any point of time to the people on either side of the Cease-Fire Line. The aim should be to reduce the armed personnel in the State of Jammu and Kashmir on each side of the Cease-Fire Line to the minimum compatible with the maintenance of security and of local law and order, and to a level sufficiently low and with the forces so disposed that they will not constitute a restriction on the free expression of opinion for the purposes of the plebiscite.

    1. The program of demilitarization should include the withdrawal from the State of Jammu and Kashmir of the regular forces of Pakistan; and the withdrawal of the regular forces of India not required for purposes of security or for the maintenance of local law and order on the Indian side of the Cease-Fire Line: also the reduction, by disbanding and disarming, of local forces, including on the one side the Armed Forces and Militia of the State of Kashmir and on the other, the Azad Forces.

    2. The "Northern Area" should also be included in the above program of demilitarization, and its administration should, subject to United Nations supervision, be continued by the existing local authorities.

SUGGESTED BASIS OF AGREEMENT

  1. The Governments of India and Pakistan should reach agreement not later than 31 January 1950, in New York on the following points;

    1. The Government of Pakistan should give unconditional assurance to the Government of India that they will deal effectively within their own borders with any possibility of tribal incursion into Jammu and Kashmir to the end that, under no circumstances, will tribesmen be able unlawfully to enter the State of Jammu and Kashmir from or through the territory of Pakistan. The Government of Pakistan should undertake to keep the senior United Nations military observer informed and to satisfy him that the arrangements to this end are and continue to be adequate.

    2. The Governments of India and Pakistan should confirm the continued and unconditional inviolability of the "Cease-Fire Line".

    3. Agreement should be reached on the basic principles of demilitarization outlined in paragraph 2 above.

    4. Agreement should be reached on the minimum forces required for the maintenance of security and of local law and order, and on their general disposition.

    5. Agreement should be reached on a date by which the reduction of forces, to the level envisaged in paragraph 2 above, is to be accomplished.

    6. Agreement should be reached on the progressive steps to be taken in reducing and redistributing the forces to the level envisaged in paragraph 2 above.

 

  1. In respect to the foregoing matters, the Governments of India and Pakistan should further agree that a United Nations representative, to be appointed by the Secretary-General of the United Nations in agreement with the two Governments, should supervise the execution of the progressive steps in reduction and redistribution of armed forces and that it should be the responsibility of this United Nations representative to give assurance to the people on both sides of the Cease-Fire Line that they have no cause for fear at any stage throughout the process. The United Nations representative should have the duty and authority

    1. of interpreting the agreements reached between the parties pursuant to paragraph 3, sub-paragraphs (c), (d), (e) and (f) above, and

    2. of determining, in consultation with the Governments of India and Pakistan respectively, the implementation of the plan for the reduction and redistribution of armed forces referred to in paragraph 3 (f) above.

 

  1. When the agreed program of demilitarization preparatory to the plebiscite has been accomplished to the satisfaction of the United Nations representative, the Plebiscite Administrator should proceed forthwith to exercise the functions assigned to him under the terms of UNCIP resolution of 5 January 1949, which, together with UNCIP resolution of 13 August 1948, was accepted by the Governments of India and Pakistan and which are now reaffirmed by these Governments except in so far as the provisions therein contained as modified by the relevant provisions of this document. The functions and powers of the Plebiscite Administrator remain as setforth in UNCIP resolution of 5 January, 1949.

  2. The United Nations representative should be authorized to make any suggestions to the Governments of India and Pakistan which, in his opinion are likely to contribute to the expeditious and enduring solution of the Kashmir question, and to place his good offices at their disposal.

*RESOLUTION 80 (1950) CONCERNING THE INDIA-PAKISTAN QUESTION, SUBMITTED BY THE REPRESENTATIVES OF CUBA, NORWAY, UNITED KINGDOM AND UNITED STATES AND ADOPTED BY THE SECURITY COUNCIL ON MARCH 14, 1950. (DOCUMENT NO. S/1469), DATED THE 14TH MARCH 1950)

THE SECURITY COUNCIL,

Having received and noted the reports of the United Nations Commission for India and Pakistan establishing its resolutions 39 (1948) of 20 January and 47 (1948) of 21 April 1948,

Having also received and noted the report of General A. G. L. McNaughton on the outcome of his discussions with the representatives of India and Pakistan which were initiated in pursuance of the decision taken by the Security Council on December 17, l949,

Commending the Governments of India and Pakistan for their statesman like action in reaching the agreements embodied in the United Nations Commission's resolutions of August 13, 1948 and January 5, 1949 for a cease-fire, for the demilitarization of the State of Jammu and Kashmir and for the determination of its final disposition in accordance with the will of the people through the democratic method of a free and impartial plebiscite, and commending the parties in particular for their action in partially implementing these Resolutions by

  1. The cessation of hostilities effected January 1, 1949,

  2. The establishment of a cease-fire line on July 27, 1949,

  3. The agreement that Fleet Admiral Chester W. Nimitz shall bePlebiscite Administrator.

Considering that the resolution of the outstanding difficulties be based upon the substantial measure of agreement of fundamental principles already reached, and that steps should be taken forthwith for the demilitarization of the State and for the expeditious determination of its future in accordance with the freely expressed will of the inhabitants,

  1. Calls upon the Governments of India and Pakistan to make immediate arrangements, without prejudice to their rights or claims and with due regard to the requirements of law and order, to prepare and execute within a period of five months from the date of this resolution a program of demilitarization on the basis of the principles of paragraph 2 of General McNaughton proposal or of such modifications of those principles as may be mutually agreed;

  2. Decides to appoint a United Nations Representative for the following purposes who shall have authority to perform his functions in such place or places as he may deem appropriate;

    1. to assist in the preparation and to supervise the implementation of the program of demilitarization referred to above and to interpret the agreements reached by the parties for demilitarization;

    2. to place himself at the disposal of the Governments of India and Pakistan and to place before those Governments or the Security Council any suggestions which, in his opinion, are likely to contribute to the expeditious and enduring solution of the dispute which has arisen between the two Governments in regard to the State of Jammu and Kashmir;

    3. to exercise all of the powers and responsibilities devolving upon the United Nations Commission for India and Pakistan by reason of existing resolutions of the Security Council and by reason of the agreement of the parties embodied in the Resolutions of the United Nations Commission of August 13, 1948 and January 5, 1949;

    4. to arrange at the appropriate stage of demilitarization for the assumption by the Plebiscite Administrator of the functions assigned to the latter under agreements made between the parties;

    5. to report to the Security Council as he may consider necessary, submitting his conclusions and any recommendations which he may desire to make;

  3. Requests the two Governments to take all