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).
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
The
Government of Pakistan should undertake to use its best endeavors:
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;
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.
The
Government of India should:
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;
Make
known that the withdrawal is taking place in stages and announce the completion of each stage;
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)
i. 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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The
Government of India should ensure that the Government of the State releases all political prisoners and take all possible
steps so that:
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; there is no victimization; minorities in all parts of the State are accorded adequate
protection.
C-GENERAL
PROVISIONS
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.
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.
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.
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
Abstain:
Belgium, Columbia, Ukrainian S. S. R. . And U. S. S. R.
