RESOLUTION
ADOPTED AT THE MEETING OF THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN ON 5 JANUARY 1949.
(DOCUMENT
NO. 5/1196 PARA. 15, 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;
3a.
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.
3b.
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.
3c.
The Plebiscite Administrator shall have authority to appoint such staff or assistants and observers as he may require.
4a.
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.
4b.
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.
6a.
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.
(6b.
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.
7.
All authorities within the State of Jammu and Kashmir
will undertake to ensure in collaboration with the Plebiscite Administrator that:
7a.
There is no threat, coercion or intimidation, bribery or other undue influence on the voters in plebiscite;
7b.
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;
7c.
All political prisoners are released;
7d.
Minorities in all parts of the State are accorded adequate protection; and
7e.
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 !he Commission may in its discretion call upon the Plebiscite Administrator 1o 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.
*The
UNCIP unanimously adopted this Resolution on 5-1-1949. Members of the
Commission:
Argentina, Belgium, Colombia,
Czechoslovakia and U.S.A.
