UN
Commission's resolution on Kashmir January 5, 1949
This resolution laid down some specifics about the
plebiscite, which had not been detailed in the
previous resolution (August 13, 1948). It was the outcome of
the second round of negotiations at Paris (where the General Assembly
of the UN met).
Resolution of the United Nations Commission for
India and Pakistan
Having received from the Governments of India and
Pakistan, in communications dated 23 December and 25 December 1948,
respectively, their acceptance of the following principles which
are supplementary to the Commissions Resolution of 13 August
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 Commissions 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.
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 of assistants and observes as he may require.
4a. After implementation of Parts I and II of the
Commissions 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 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 Commission 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 into effect.
6b. All person (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:
(a) There is no threat, coercion or intimidation,
bribery or other undue influence on the voters in the 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.
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 consultations
envisaged in Part III of the Commissions 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 1 January 1949, pursuant to the agreement
arrived at as provided for by the Commissions 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.