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UN Resolutions on Kashmir IMPORTANT DOCUMENTS REGARDING THE KASHMIR ISSUE Resolution 38 (1948) submitted by the Representative of Belgium and adopted by the Security Council at its 229th meeting held on 17th January, 1948. (Document No. S/651 dated the 17th January 1948). 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). Resolution 47 (1948) on the India-Pakistan Question submitted jointly by the Representatives of 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 21 April 1948. 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 3 June 1948.) Resolution adopted by the United Nations Commission for India and Pakistan on 13 August 1948 (Document No. S/1100, para 75, dated 9 November 1948). Resolution adopted at the meeting of the United Nations Commission for India and Pakistan on 5 January 1949 (Document No. S/1196, para 15, dated 10 January 1949). Resolution 80 (1950) concerning the India-Pakistan Question, submitted by the Representative of Cuba, Norway, United Kingdom and United States and adopted by the Security Council on March 14, 1950. (Document no. S/1469, dated 14 March 1950.) Resolution 91 (1951) concerning the India-Pakistan Question submitted by the Representatives of United Kingdom and United States and adopted by the Security Council on 30 March 1951 (Document No. S/2017/Rev.I, dated 30 March 1951.) Resolution 96 (1951) concerning the India-Pakistan Question adopted by the Security Council on 10th November 1951. (Document No. S/2392, dated the 10th November 1951). Resolution 98 (1952) adopted by the Security Council at its 611th Meeting on 23 December, 1952. (Document No. S/2883, dated the 24th December, 1952). Resolution 122 (1957) adopted by the Security Council at its 765th meeting on 24 January 1957. Joint draft Resolution: Australia, Cuba, United Kingdom of Great Britain and Northern Ireland and the United States of America (20 February 1957) Resolution 123 (1957) adopted by the Security Council at its 774th meeting on 21 February 1957. (Document No. S/3793, dated 21th February 1957.) Resolution 126 (1957) adopted by the Security Council at its 808th meeting on 2 December 1957. Draft Resolution submitted by Ireland to the Security Council on June 22, 1962. Statement of the President of the Security Council (French Representative) made at the Eleventh Hundred and Seventeenth meeting of the Security Council. (Document No. S/PV.117, dated the 18th May, 1964) summarizing the conclusion of the debate on Kashmir on the 18th May, 1964. Resolution 209 (1965) adopted by the Security Council at its 1237th meeting on 4 September 1965. Resolution 210 (1965) adopted by the Security Council at its 1238th meeting on 6 September 1965. Resolution 211 (1965) adopted by the Security Council at its 1242th meeting on September 20, 1965. Resolution 214 (1965) adopted by the Security Council at its 1245th meeting, on 27th September 1965. Resolution 215 (1965) adopted by the Security Council at its 1251th meeting on 5 November 1965. Resolution 303 (1971) adopted by the Security Council at its 1606th meeting on 6 December 1971. 2793 (XXVI). Question considered by the Security Council at its 1606th, 1607th and 1608th meeting on 4, 5 and 6 December, 1971. Resolution 307 (1971) adopted by the Security Council at its 1616th Meeting held on 21 December 1971. Amritsar Agreement (1846) Simla Agreement (1972) Special Declaration of the Extraordinary Session of the Islamic Summit of the Organization of the Islamic Conference (OIC) on Jammu and Kashmir held in Islamabad, Islamic Republic of Pakistan on 23 March 1997. Memorandum Presented by the Special Committee of the National Assembly of Pakistan on Kashmir on 15 August 1997 to the Secretary General of the United Nations. Memorandum Presented by True Representatives of the Kashmiris People to the OIC Contact Group on Jammu and Kashmir at its Meeting held in New York on 29 September 1997. Declaration on Jammu and Kashmir adopted by the OIC Coordinating Meeting of Ministers of Foreign Affairs held at the United Nations in New York on 2 October 1997. UNITED NATIONS, NEW YORK KASHMIR RESOLUTION *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/651 DATED THE 17TH JANUARY 1948). THE SECURITY COUNCIL, Having heard statements on the situation in Kashmir from 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:- In favour: **Argentina, **Belgium, **Canada, China, **Columbia, France,**Syria, U.K., and U.S.A. Against: None. Abstaining: Ukranian S.S.R. and U.S.S.R. Non-Permancrit Members of the Security Council. KASHMIR RESOLUTION *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: A. 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. B. 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. C. 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. D. The Commission shall perform the functions described in Clause C: (1) in regard to the situation in the 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. E. 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. F. 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 theatre of the events of which the Security Council is seized. G. 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:- In favour: **Argentina, **Belgium, **Canada, China, **Columbia, France, **Syria, U.K., and U.S.A. Against: None. Abstaining: Ukranian S.S.R., and U.S.S.R. Non-Permanent Members of the Security Council. KASHMIR RESOLUTION RESOLUTION 47 (1948) ON THE INDIA-PAKISTAN QUESTION SUBMITTED JOINTLY BY THE REPRESENTATIVES OF 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 21 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 is 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 should 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 India 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 of 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 endeavours: (a) 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; (b) 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 cooperate in the maintenance of peace and order. 2. The Government of India should: (a) 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; (b) Make known that the withdrawal is taking place in stages and announce the completion of each stage; (c) 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: (i) That the presence of troops should not afford any intimidation or appearance of intimidation to the inhabitants of the State; (ii) That as small a number as possible should be retained in forward areas; (iii) 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 re-establishment and maintenance of law and order with due regard to protection of minorities, subject 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 6. 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. 7. 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. 8. 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. 9. 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. 10. (a) 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. (b) 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. (c) 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. (d) 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. (e) 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. 11. 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. 12. 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. 13. The Government of India should use and should ensure that the Government of the State also use their best endeavour to effect the withdrawal from the State of all Indian nationals other than those who are normally resident therein or who on or since 15th August 1947 have entered it for a lawful purpose. 14. The Government of India should ensure that the Government of the State releases all political prisoners and take all possible steps so that: (a) 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; (b) there is no victimization; (c) minorities in all parts of the State are accorded adequate protection. 15. 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 16. 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. 17. 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. 18. 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 favour: **Argentina, **Canada, China, France, **Syria, U.K. and U.S.A. Against: None Abstaining:**Belgium, **Columbia, **Ukranian S.S.R., and U.S.S.R. Non-permanent Members of the Security Council. UN RESOLUTION 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 3 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 results:- In favour: **Argentina **Belgium, **Canada, **Columbia, France, **Syria, U.K., and U.S.A. Against: None. Abstaining: China, Ukranian S.S.R. and U.S.S.R. Non-permanent Members of the Security Council. KASHMIR RESOLUTION RESOLUTION ADOPTED BY THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN ON 13 AUGUST 1948. (DOCUMENT NO.S/1100, PARA 75, DATED 9 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 endeavours 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 India 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, organised and unorganised, 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 discretion, 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 favourable 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) 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 endeavour 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) 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 communique 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 15, DATED 10 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. (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. 4. (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 India 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 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 cooperate with the Plebiscite Administrator in the preparation for and the holding of the plebiscite. 6. (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. 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. 8. 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; 9. 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; 10. 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. KASHMIR RESOLUTION 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 14 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, 1949, 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: (1) The cessation of hostilities effected January 1, 1949, (2) The establishment of a cease-fire line on July 27, 1949, and (3) The agreement that Fleet Admiral Chester W. Nimitz shall be Plebiscite Administrator. Considering that the resolution of the outstanding difficulties should 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 programme 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; (a) to assist in the preparation and to supervise the implementation of the programme of demilitarization referred to above and to interpret the agreements reached by the parties for demilitarization; (b) to place himself at the disposal of the Government 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; (c) 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; (d) 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; (e) 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 necessary precautions to ensure that their agreements regarding the cease-fire shall continue to be faithfully observed, and calls upon them to take all possible measures to ensure the creation and maintenance of an atmosphere favourable to the promotion of further negotiations; 4. Extends its best thanks to the members of the United Nations Commission for India and Pakistan and to General A.G.L. McNaughton for their arduous and fruitful labours; 5. Agrees that the United Nations Commission for India and Pakistan shall be terminated, and decides that this shall take place one month after both parties have informed the United Nations Representative of their acceptance of the transfer to him of the powers and responsibilities of the United Nations Commission referred to in paragraph 2(c) above. *The Security Council voted on this Resolution on 14-3-1950 with the following result:- In favour: China, **Cuba, **Ecuador, **Egypt, France, **Norway, U.K., and U.S.A. Against: None Abstaining: India and Yugoslavia Absent: U.S.S.R. **Non-permanent Members of the Security Council. KASHMIR RESOLUTION *RESOLUTION 91 (1951) CONCERNING THE INDIA-PAKISTAN QUESTION SUBMITTED BY THE REPRESENTATIVES OF UNITED KINGDOM AND UNITED STATES AND ADOPTED BY THE SECURITY COUNCIL ON 30 MARCH 1951. (DOCUMENT NO. S/2017/REV.I, DATED 30 MARCH 1951). THE SECURITY COUNCIL, Having received and noted the report of Sir Owen Dixon, the United Nations Representative for India and Pakistan on his mission initiated by the Security Council resolution 80 (1950) of March 14, 1950. Observing that the Governments of India and Pakistan have accepted the provisions of the United Nations Commission for India and Pakistan resolutions of 13 August, 1948, and 5 January, 1949, and have re-affirmed their desire that the future of the State of Jammu and Kashmir shall be decided through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations, Observing that on 27 October, 1950, the General Council of the "All Jammu and Kashmir National Conference" adopted a resolution recommending the convening of a Constituent Assembly for the purpose of determining the "future shape and affiliations of the State of Jammu and Kashmir"; observing further from statements of responsible authorities that action is proposed to convene such a Constituent Assembly and that the area from which such a Constituent Assembly would be elected is only a part of the whole territory of Jammu and Kashmir. Reminding the Governments and authorities concerned of the principle embodied in its resolutions 47 (1948) of 21 April 1948, 51 (1948) of 3 June 1948 and 80(1950) of 14 March 1950 and the United Nations Commission for India and Pakistan resolutions of 13 August, 1948, and 5 January, 1949, that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations, Affirming that the convening of a Constituent Assembly as recommended by the General Council of the "All Jammu and Kashmir National Conference" and any action that Assembly might attempt to take to determine the future shape and affiliation of the entire State or any part thereof would not constitute a disposition of the State in accordance with the above principle, Declaring its belief that it is the duty of the Security Council in carrying out its primary responsibility for the maintenance of international peace and security to aid the parties to reach an amicable solution of the Kashmir dispute and that a prompt settlement of this dispute is of vital importance to the maintenance of international peace and security, Observing from Sir Owen Dixon's report that the main points of difference preventing agreement between the parties were: (a) The procedure for and the extent of demilitarization of the State preparatory to the holding of a plebiscite, and (b) The degree of control over the exercise of the functions of Government in the State necessary to ensure a free and fair plebiscite, (1) Accepts, in compliance with his request, Sir Owen Dixon's resignation and expresses its gratitude to Sir Owen for the great ability and devotion with which he carried out his mission; (2) Decides to appoint a United Nations Representative for India and Pakistan in succession to Sir Owen Dixon; (3) Instructs the United Nations Representative to proceed to the sub-continent and, after consultation with the Governments of India and Pakistan, to effect the demilitarization of the State of Jammu and Kashmir on the basis of the United Nations Commission for India and Pakistan resolutions of 13 August, 1948, and, 5 January, 1949; (4) Calls upon the parties to co-operate with the United Nations Representative to the fullest degree in effecting the demilitarization of the State of Jammu and Kashmir; (5) Instructs the United Nations Representatives to report to the Security Council within three months from the date of his arrival on the sub-continent; if at the time of this report, he has not effected demilitarization in accordance with paragraph three above, or obtained the agreement of the parties to a plan for effecting such demilitarization, the United Nations Representative shall report to the Security Council those points of difference between the parties in regard to the interpretation and execution of the agreed resolutions of 13 August, 1948, and 5 January, 1949, which he considers must be resolved to enable such demilitarization to be carried out; (6) Calls upon the parties, in the event of their discussions with the United Nations Representative failing in his opinion to result in full agreement, to accept arbitration upon all outstanding points of difference reported by the United Nations Representative in accordance with paragraph five above. Such arbitration to be carried out by an arbitrator, or a panel of arbitrators, to be appointed by the President of the International Court of Justice after consultation with the parties; (7) Decides that the Military Observer Group shall continue to supervise the cease-fire in the State; (8) Requests the Governments of India and Pakistan to ensure that their agreement regarding the cease-fire shall continue to be faithfully observed and calls upon them to take all possible measures to ensure the creation and maintenance of an atmosphere favourable to the promotion of further negotiations and to refrain from any action likely to prejudice a just and peaceful settlement; (9) Requests the Secretary-General to provide the United Nations Representative for India and Pakistan with such services and facilities as may be necessary in carrying out the terms of this resolution. *The Security Council voted on this Resolution on 30-3-1951 with the following results:- In favour: **Brazil, China, **Ecuador, France, **Neatherlands, **Turkey, U.K., and U.S.A. Against: None. Abstaining: India, U.S.S.R. and Yugoslavia. Non-Permanent Members of the Security Council KASHMIR RESOLUTION *RESOLUTION 96 (1951) CONCERNING THE INDIA- PAKISTAN QUESTION ADOPTED BY THE SECURITY COUNCIL ON 10TH NOVEMBER 1951. (DOCUMENT NO. S/2392, DATED THE 10TH NOVEMBER 1951). Having received and noted the report of Dr. Frank Graham, the United Nations Representative for India and Pakistan, on his mission initiated by the Security Council resolution 91 (1951) of 30 March 1951, and having heard Dr. Graham's address to the Council of 18 October 1951, Noting with approval the basis for a programme of demilitarization. which could be carried out in conformity with the previous undertakings of the parties, put forward by the United Nations Representative in his communication of 7 September, 1951, to the Prime Ministers of India and Pakistan, 1. Notes with gratification the declared agreement of the two parties to those parts of Dr. Graham's proposals which reaffirm their determination to work for a peaceful settlement, their will to observe the cease-fire agreement and their acceptance of the principle that 'the accession of the State of Jammu and Kashmir should be determined by a free and impartial plebiscite under the auspices of the United Nations; 2. Instructs the United Nations Representative to continue his efforts to obtain agreement of the parties on a plan for effecting the demilitarization of the State of Jammu and Kashmir; 3. Calls Upon the parties to co-operate with the United Nations Representative to the fullest degree in his efforts to resolve the outstanding points of difference between them; 4. Instructs the United Nations Representative to report to the Security Council on his efforts, together with his views concerning the problems confided to him, not later than six weeks after this resolution comes into effect. *The Security Council voted on this Resolution on 10-11-1951 with the following result:- In favour: **Brazil, China, **Ecuador, France, **Netherlands. **Turkey, U.K., U.S.A. and**Yogoslavia. Against: None. Abstaining: India and U.S.S.R. Nonpermanent Members of the Security Council. KASHMIR RESOLUTION RESOLUTION 98 (1952) ADOPTED BY THE SECURITY COUNCIL AT ITS 611TH MEETING ON 23 DECEMBER, 1952. (DOCUMENT NO. S/2883, DATED THE 24TH DECEMBER, 1952). THE SECURITY COUNCIL, Recalling its resolutions, 91(1951) of 30 March 1951, its decision of 30 April 1951 and its resolution 96 (1951) of 10 November 1951, Further recalling the provisions of the United Nations Commission for India and Pakistan resolutions of 13 August 1948, and 5 January 1949, which were accepted by the Governments of India and Pakistan and which provided that the question of the accession of the State of Jammu and Kashmir to India or Pakistan would be decided through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations, Having received the third report, dated 22 April 1952, and the fourth report, dated 16 September 1952, of the United Nations Representative for India and Pakistan; 1. Endorses the general principles on which the United Nations Representative has sought to bring about agreement between the Governments of India and Pakistan; 2. Notes with gratification that the United Nations Representative has reported that the Governments of India and Pakistan have accepted all but two of the paragraphs of his twelve-point proposals; 3. Notes that agreement on a plan of demilitarization of the State of Jammu and Kashmir has not been reached because the Governments of India and Pakistan have not agreed on the whole of paragraph 7 of the twelve-point proposals; 4. Urges the Governments of India and Pakistan to enter into immediate negotiations under the auspices of the United Nations Representative for India and Pakistan in order to reach agreement on the specific number of forces to remain on each side of the cease-fire line at the end of the period of demilitarization, this number to be between 3,000 and 6,000 armed forces remaining on the Pakistan side of the cease-fire line and between 12,000 and 18,000 armed forces remaining on the India side of the cease-fire line, as suggested by the United Nations Representative in his proposals of 16 July 1952, such specified numbers to be arrived at bearing in mind the principles or criteria contained in paragraph 7 of the United Nations Representative's proposal of 4 September 1952; 5. Records its gratitude to the United Nation's Representative for India and Pakistan for the great efforts which he has made to achieve a settlement and requests him to continue to make his services available to the Governments of India and Pakistan to this end; 6. Requests the Governments of India and Pakistan to report to the Security Council not later than thirty days from the date of the adoption of this resolution; 7. Requests the United Nations Representative for India and Pakistan to keep the Security Council informed of any progress. *The Security Council voted on this Resolution on 23-12-1952 with the following result:- In favour: **Brazil, **Chile, China, France, **Greece, **Netherlands, **Turkey, U.K. and U.S.A. Against: None. Abstaining: U.S.S.R. Non--Permanent Members of the Security Council, 1950 and 91 (1951) of 30 March 1951, and the United Nations Commission for India and Pakistan resolutions of 13 August 1948 and 5 January 1949, that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations, |
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