Text of the "UN Resolution for India and Pakistan" - (no publication)

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RESOLUTION Adopted by the United Nations Commission for India and Pakistan
on 13 August 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

A. 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.

B. 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).

C. 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.

D. 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.

E. 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.

A. (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.

B. (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.

C. (1) Upon signature, the full text of the Truce Agreement or communiqu=E9
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 by the meeting of the United
Nations commission for India and Pakistan on
5 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;
a.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.
b.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.
c.The Plebiscite Administrator shall have authority to
appoint such staff or assistants and observers as he may
require.
a.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.
b.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.

3.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.
a.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.

b.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.

4.All authorities within the State of Jammu and Kashmir
will undertake to ensure in collaboration with the Plebiscite
Administrator that: a.There is no threat, coercion or
intimidation, bribery other undue influence on the voters in
plebiscite;
b.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;
c.All political prisoners are released;
d.Minorities in all parts of the State are accorded adequate
protection; and
e.There is no victimization.

5.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;

6.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;

7.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.

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