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*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
- 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.
- 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).
- 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.
- 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.
- 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.
- (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) 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) 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.
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