Actual draft of UNO Security
Council:
UNO KASHMIR RESOLUTION ;
A Document for Pakistani New Generation !!!!!!!!
Resolution of the Security Council of April 21, 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 representation of India in support of that complaint and the
reply and counter-complaints of the representative of Pakistan;
Being strongly of the 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 a 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 the Council’s resolution of 17 January;
Resolves that the membership of the Commission established by the resolution of
the Council 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 of Members of the
United Nations as are required to complete the membership of five;
Instructs the Commission to proceed at once to the Indian Subcontinent 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 are 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.
RESTORATION OF PEACE AND ORDER
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 purpose 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
co-operate in the maintenance of peace and order.
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 of 20 January 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 States;
(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.
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 police 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 re-establishment 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.
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.
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.
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.
(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 his 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 for 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.
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 endeavours to effect the withdrawal from the State of
all Indian nationals other than those who are normally resident therein or who
on or since 15 August 1947 have entered it for a lawful purpose.
The Government of India should ensure that the Government of the State release
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.
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.
GENERAL PROVISIONS
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.