*RESOLUTION 51 (1948) ON THE INDIA-PAKISTAN QUESTION SUBMITTED BY THE REPRESENTATIVE OF SYRIA AND ADOPTED BY THE SECURITY COUNCIL AT ITS 312TH MEETING HELD ON 3 JUNE, 1948 (DOCUMENT NO. S/819, DATED THE 3RD JUNE, 1948).
THE SECURITY COUNCIL
1. Reaffirms its resolutions 38 (1948) of 17 January, 39 (1948) of 20 January, and 47 (1948) of 21 April, 1948;
2. Directs the United Nations Commission for India and Pakistan to proceed without delay to the areas of dispute with a view to accomplishing in priority the duties assigned to it by the resolution 47 (1948),
3. Directs the Commission further to study and report to the Security Council when it considers appropriate on the matters raised in the letter of Foreign Minister of Pakistan, dated 15th January, 1948, in the
order outlined in paragraph D of Council resolution 39 ( 1948).
--------------------------------------------------------------------------------
*The Security Council voted on this Resolution on 3-6-1948 with the following result -
In favor: **Argentina **Belgium, **Canada, **Columbia, France, **Syria, U. K, and U.S.A
Against: none
Abstaining : China, Ukrainian S. S. R. and U. S . S. R.
** Non-permanent members of the Security Council
Wednesday, October 1, 2008
IV.Resolution 47 (1948) adopted by the Security Council at its 286th Meeting held on 21 April 1948
RESOLUTION 47 (1948) 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).
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 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
1.The Government of Pakistan should undertake to use its best endeavors:
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 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;
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.
2.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 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;
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 State;
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.
3.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.
4.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.
5.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
6.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.
7.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.
9.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.
10.
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 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.
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 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.
11.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.
12.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.
13.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.
14.The Government of India should ensure that the Government of the State releases 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.
15.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.
C-GENERAL PROVISIONS
16.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.
17.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.
18.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
Abstaining: **Belgium, **Columbia, **Ukrainian S. S. R. . and U. S. S. R.
** Non-permanent Members of the Security Council.
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 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
1.The Government of Pakistan should undertake to use its best endeavors:
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 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;
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.
2.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 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;
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 State;
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.
3.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.
4.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.
5.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
6.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.
7.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.
9.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.
10.
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 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.
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 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.
11.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.
12.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.
13.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.
14.The Government of India should ensure that the Government of the State releases 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.
15.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.
C-GENERAL PROVISIONS
16.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.
17.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.
18.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
Abstaining: **Belgium, **Columbia, **Ukrainian S. S. R. . and U. S. S. R.
** Non-permanent Members of the Security Council.
III.Draft Resolution presented by the President of the Security Council and the Rapporteur on 6 February 1948
*DRAFT RESOLUTION PRESENTED BY THE PRESIDENT (CANADA) OF THE SECURITY COUNCIL AND THE RAPPORTEUR (BELGIUM) ON 6 FEBRUARY, 1948 (DOCUMENT NO. 667, DATED THE 10TH FEBRUARY, 1948)
THE SECURITY COUNCIL
Having considered the claims and allegations of India and Pakistan expresses the conviction that a peaceful settlement of the dispute about the accession of Jammu and Kashmir will best promote the interests of the peoples of Jammu and Kashmir of India, and of Pakistan.
Considers that it is urgent and important to stop acts of violence and hostility in Jammu and Kashmir and to decide the question of whether the State of Jammu and Kashmir shall accede to Pakistan or to India by the democratic method of a plebiscite to be held, as recognized by the parties, under the auspices of the United Nations to ensure complete impartiality.
Believes that the joint action of the Governments of India and Pakistan is required to carry out the purposes setforth below:
Alternative A
Takes note with satisfaction that both Governments, in seeking a solution by negotiation under the auspices of the Council, have agreed to cooperate with each other and with the Council in developing specific proposals, and, to this end, to apply the following, principles which, in the opinion of the Council, should, among others, constitute the basis of a just settlement;
Alternative B
Appeals, therefore, to both parties, in seeking a solution by negotiation under the auspices of the Council, to cooperate with each other and with the Council in developing specific proposals and, to this end, to apply the following principles which, in the opinion of the Council, should, among others, constitute the basis of a just settlement;
Acts of violence and hostility must end.
The withdrawal and continued exclusion of all irregular forces and armed individuals who have entered Jammu and Kashmir from outside must be brought about, each party using to that end all the influence at its disposal.
Regular armed forces in aid of the establishment and maintenance of order must be made available. In this connection the Governments should seek to ensure cooperation between their military forces to establish order and security until the question of accession shall have been determined by the plebiscite.
Regular armed forces must be withdrawn as soon as reestablishment of law and order permits.
After acts of violence and hostility have ceased, all citizens of the Jammu and Kashmir State, who had left on account of the recent disturbances, shall be invited and be free to return to their homes and to exercise all their rights without any restrictions on legitimate political activity. There shall be no victimization. All political prisoners should be released.
The conditions necessary for a free and fair plebiscite on the question of whether the State of Jammu and Kashmir shall accede to India or to Pakistan, including an interim administration which will command confidence and respect of the people of the State of Jammu and Kashmir must be established.
Such conditions include that the plebiscite must be organized, held and supervised under the authority of the Security Council at the earliest possible date.
--------------------------------------------------------------------------------
*This draft resolution was considered by the Security Council on 10th and 11th February, 1948, but was not put to vote. Subsequent]y, a Joint Draft Resolution was introduced by the Representatives of Belgium, Canada, China, Columbia, United Kingdom and the United States of America and its amended version (Doc. No S/726) was adopted by the Security Council on 21-4-1948, vide Resolution No 47 (I948).
THE SECURITY COUNCIL
Having considered the claims and allegations of India and Pakistan expresses the conviction that a peaceful settlement of the dispute about the accession of Jammu and Kashmir will best promote the interests of the peoples of Jammu and Kashmir of India, and of Pakistan.
Considers that it is urgent and important to stop acts of violence and hostility in Jammu and Kashmir and to decide the question of whether the State of Jammu and Kashmir shall accede to Pakistan or to India by the democratic method of a plebiscite to be held, as recognized by the parties, under the auspices of the United Nations to ensure complete impartiality.
Believes that the joint action of the Governments of India and Pakistan is required to carry out the purposes setforth below:
Alternative A
Takes note with satisfaction that both Governments, in seeking a solution by negotiation under the auspices of the Council, have agreed to cooperate with each other and with the Council in developing specific proposals, and, to this end, to apply the following, principles which, in the opinion of the Council, should, among others, constitute the basis of a just settlement;
Alternative B
Appeals, therefore, to both parties, in seeking a solution by negotiation under the auspices of the Council, to cooperate with each other and with the Council in developing specific proposals and, to this end, to apply the following principles which, in the opinion of the Council, should, among others, constitute the basis of a just settlement;
Acts of violence and hostility must end.
The withdrawal and continued exclusion of all irregular forces and armed individuals who have entered Jammu and Kashmir from outside must be brought about, each party using to that end all the influence at its disposal.
Regular armed forces in aid of the establishment and maintenance of order must be made available. In this connection the Governments should seek to ensure cooperation between their military forces to establish order and security until the question of accession shall have been determined by the plebiscite.
Regular armed forces must be withdrawn as soon as reestablishment of law and order permits.
After acts of violence and hostility have ceased, all citizens of the Jammu and Kashmir State, who had left on account of the recent disturbances, shall be invited and be free to return to their homes and to exercise all their rights without any restrictions on legitimate political activity. There shall be no victimization. All political prisoners should be released.
The conditions necessary for a free and fair plebiscite on the question of whether the State of Jammu and Kashmir shall accede to India or to Pakistan, including an interim administration which will command confidence and respect of the people of the State of Jammu and Kashmir must be established.
Such conditions include that the plebiscite must be organized, held and supervised under the authority of the Security Council at the earliest possible date.
--------------------------------------------------------------------------------
*This draft resolution was considered by the Security Council on 10th and 11th February, 1948, but was not put to vote. Subsequent]y, a Joint Draft Resolution was introduced by the Representatives of Belgium, Canada, China, Columbia, United Kingdom and the United States of America and its amended version (Doc. No S/726) was adopted by the Security Council on 21-4-1948, vide Resolution No 47 (I948).
II.Resolution 39 (1948) adopted by the Security Council at its 230th Meeting held on 20 January 1948
*RESOLUTION 39 (1948) SUBMITTED BY THE REPRESENTATIVE OF BELGIUM AND ADOPTED BY THE SECURITY COUNCIL AT ITS 230TH MEETING HELD ON 20 JANUARY, 1948. (DOCUMENT NO. S/654, DATED THE 20TH JANUARY, 1948).
THE SECURITY COUNCIL
Considering that it may investigate any dispute or any situation which might, by its continuance, endanger the maintenance of international peace and security, and that, in the existing state of affairs between India and Pakistan, such an investigation is a matter of urgency,
Adopts the following resolution:
A Commission of the Security Council is hereby established, composed of representatives of three Members of the United Nations, one to be selected by India, one to be selected by Pakistan, and the third to be designated by the two so selected.Each representative on the Commission shall be entitled to select his alternates and assistants.
The Commission shall proceed to the spot as quickly as possible. It shall act under the authority of the Security Council and in accordance with the directions it may receive from it. It shall keep the Security Council currently informed of its activities and of the development of the situation. It shall report to the Security Council regularly, submitting its conclusions and proposals.
The Commission is invested with a dual function; (1) to investigate the facts pursuant to Article 34 of the Charter of the United Nations; (2) to exercise, without interrupting the work of the Security Council, any mediatory influence likely to smooth away difficulties, to carry out the directions given to it by the Security Council; and to report how far the advice and directions, if any, of the Security Council, have been carried out.
The Commission shall perform the functions described in Clause C: (1) in regard to the situation in Jammu and Kashmir State set out in the letter of the Representative of India addressed to the President of the Security Council, dated 1 January 1948, and in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948; and (2) in regard to other situations set out in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948, when the Security Council so directs.
The Commission shall take its decision by majority vote. It shall determine its own procedure. It may allocate among its members, alternate members, their assistants, and its personnel such duties as may have to be fulfilled for the realization of its mission and the reaching of its conclusions.
The Commission, its members, alternate members, their assistants, and its personnel, shall be entitled to journey separately or together, wherever the necessities of their task may require, and, in particular within those territories which are the theater of the events of which the Security Council is seized.
The Secretary-General shall furnish the Commission with such personnel and assistance as it may consider necessary.
--------------------------------------------------------------------------------
*The Security Council voted on this Resolution on 20-1-1948 with the following result:
Infavour: **Argentina, **Belgium, **Canada, China, **Columbia, France, **Syria, U.K. and U.S.A
Against: None
Abstaining: Ukrainian S. S. R. and U. S. S. R.
**Non-Permanent Members of the Security Council.
THE SECURITY COUNCIL
Considering that it may investigate any dispute or any situation which might, by its continuance, endanger the maintenance of international peace and security, and that, in the existing state of affairs between India and Pakistan, such an investigation is a matter of urgency,
Adopts the following resolution:
A Commission of the Security Council is hereby established, composed of representatives of three Members of the United Nations, one to be selected by India, one to be selected by Pakistan, and the third to be designated by the two so selected.Each representative on the Commission shall be entitled to select his alternates and assistants.
The Commission shall proceed to the spot as quickly as possible. It shall act under the authority of the Security Council and in accordance with the directions it may receive from it. It shall keep the Security Council currently informed of its activities and of the development of the situation. It shall report to the Security Council regularly, submitting its conclusions and proposals.
The Commission is invested with a dual function; (1) to investigate the facts pursuant to Article 34 of the Charter of the United Nations; (2) to exercise, without interrupting the work of the Security Council, any mediatory influence likely to smooth away difficulties, to carry out the directions given to it by the Security Council; and to report how far the advice and directions, if any, of the Security Council, have been carried out.
The Commission shall perform the functions described in Clause C: (1) in regard to the situation in Jammu and Kashmir State set out in the letter of the Representative of India addressed to the President of the Security Council, dated 1 January 1948, and in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948; and (2) in regard to other situations set out in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948, when the Security Council so directs.
The Commission shall take its decision by majority vote. It shall determine its own procedure. It may allocate among its members, alternate members, their assistants, and its personnel such duties as may have to be fulfilled for the realization of its mission and the reaching of its conclusions.
The Commission, its members, alternate members, their assistants, and its personnel, shall be entitled to journey separately or together, wherever the necessities of their task may require, and, in particular within those territories which are the theater of the events of which the Security Council is seized.
The Secretary-General shall furnish the Commission with such personnel and assistance as it may consider necessary.
--------------------------------------------------------------------------------
*The Security Council voted on this Resolution on 20-1-1948 with the following result:
Infavour: **Argentina, **Belgium, **Canada, China, **Columbia, France, **Syria, U.K. and U.S.A
Against: None
Abstaining: Ukrainian S. S. R. and U. S. S. R.
**Non-Permanent Members of the Security Council.
Resolution 39 (1948) adopted by the Security Council at its 230th Meeting held on 20 January 1948
*RESOLUTION 39 (1948) SUBMITTED BY THE REPRESENTATIVE OF BELGIUM AND ADOPTED BY THE SECURITY COUNCIL AT ITS 230TH MEETING HELD ON 20 JANUARY, 1948. (DOCUMENT NO. S/654, DATED THE 20TH JANUARY, 1948).
THE SECURITY COUNCIL
Considering that it may investigate any dispute or any situation which might, by its continuance, endanger the maintenance of international peace and security, and that, in the existing state of affairs between India and Pakistan, such an investigation is a matter of urgency,
Adopts the following resolution:
A Commission of the Security Council is hereby established, composed of representatives of three Members of the United Nations, one to be selected by India, one to be selected by Pakistan, and the third to be designated by the two so selected.Each representative on the Commission shall be entitled to select his alternates and assistants.
The Commission shall proceed to the spot as quickly as possible. It shall act under the authority of the Security Council and in accordance with the directions it may receive from it. It shall keep the Security Council currently informed of its activities and of the development of the situation. It shall report to the Security Council regularly, submitting its conclusions and proposals.
The Commission is invested with a dual function; (1) to investigate the facts pursuant to Article 34 of the Charter of the United Nations; (2) to exercise, without interrupting the work of the Security Council, any mediatory influence likely to smooth away difficulties, to carry out the directions given to it by the Security Council; and to report how far the advice and directions, if any, of the Security Council, have been carried out.
The Commission shall perform the functions described in Clause C: (1) in regard to the situation in Jammu and Kashmir State set out in the letter of the Representative of India addressed to the President of the Security Council, dated 1 January 1948, and in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948; and (2) in regard to other situations set out in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948, when the Security Council so directs.
The Commission shall take its decision by majority vote. It shall determine its own procedure. It may allocate among its members, alternate members, their assistants, and its personnel such duties as may have to be fulfilled for the realization of its mission and the reaching of its conclusions.
The Commission, its members, alternate members, their assistants, and its personnel, shall be entitled to journey separately or together, wherever the necessities of their task may require, and, in particular within those territories which are the theater of the events of which the Security Council is seized.
The Secretary-General shall furnish the Commission with such personnel and assistance as it may consider necessary.
--------------------------------------------------------------------------------
*The Security Council voted on this Resolution on 20-1-1948 with the following result:
Infavour: **Argentina, **Belgium, **Canada, China, **Columbia, France, **Syria, U.K. and U.S.A
Against: None
Abstaining: Ukrainian S. S. R. and U. S. S. R.
**Non-Permanent Members of the Security Council.
THE SECURITY COUNCIL
Considering that it may investigate any dispute or any situation which might, by its continuance, endanger the maintenance of international peace and security, and that, in the existing state of affairs between India and Pakistan, such an investigation is a matter of urgency,
Adopts the following resolution:
A Commission of the Security Council is hereby established, composed of representatives of three Members of the United Nations, one to be selected by India, one to be selected by Pakistan, and the third to be designated by the two so selected.Each representative on the Commission shall be entitled to select his alternates and assistants.
The Commission shall proceed to the spot as quickly as possible. It shall act under the authority of the Security Council and in accordance with the directions it may receive from it. It shall keep the Security Council currently informed of its activities and of the development of the situation. It shall report to the Security Council regularly, submitting its conclusions and proposals.
The Commission is invested with a dual function; (1) to investigate the facts pursuant to Article 34 of the Charter of the United Nations; (2) to exercise, without interrupting the work of the Security Council, any mediatory influence likely to smooth away difficulties, to carry out the directions given to it by the Security Council; and to report how far the advice and directions, if any, of the Security Council, have been carried out.
The Commission shall perform the functions described in Clause C: (1) in regard to the situation in Jammu and Kashmir State set out in the letter of the Representative of India addressed to the President of the Security Council, dated 1 January 1948, and in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948; and (2) in regard to other situations set out in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 January 1948, when the Security Council so directs.
The Commission shall take its decision by majority vote. It shall determine its own procedure. It may allocate among its members, alternate members, their assistants, and its personnel such duties as may have to be fulfilled for the realization of its mission and the reaching of its conclusions.
The Commission, its members, alternate members, their assistants, and its personnel, shall be entitled to journey separately or together, wherever the necessities of their task may require, and, in particular within those territories which are the theater of the events of which the Security Council is seized.
The Secretary-General shall furnish the Commission with such personnel and assistance as it may consider necessary.
--------------------------------------------------------------------------------
*The Security Council voted on this Resolution on 20-1-1948 with the following result:
Infavour: **Argentina, **Belgium, **Canada, China, **Columbia, France, **Syria, U.K. and U.S.A
Against: None
Abstaining: Ukrainian S. S. R. and U. S. S. R.
**Non-Permanent Members of the Security Council.
KASHMIR IN UNITED NATIONS RESOLUTION I.Resolution 38 (1948) adopted by the Security Council at its 229th Meeting held on 17 January 1948
* RESOLUTION 38 (1948) SUBMITTED BY THE REPRESENTATIVE OF BELGIUM AND ADOPTED BY THE SECURITY COUNCIL AT ITS 229TH MEETING HELD ON 17 JANUARY 1948. (DOCUMENT NO. S/65I, DATED THE 17TH JANUARY, 1948).
THE SECURITY COUNCIL,
Having heard statements on the situation in Kashmir from the representatives of the Governments of India and Pakistan,
Recognizing the urgency of the situation,
Taking note of the telegram addressed on 6 January by its President to each of the parties and of their replies thereto; and in which they affirmed their intention to conform to the Charter of the United Nations.
Calls upon both the Government of India and the Government of Pakistan to take immediately all measures within their power (including public appeals to their people) calculated to improve the situation, and to refrain from making any statements and from doing or causing to be done or permitting any acts which might aggravate the situation;
Further requests each of those Governments to inform the Council immediately of any material change in the situation which occurs or appears to either of them to be about to occur while the matter is under consideration by the Council, and consult with the Council thereon.
--------------------------------------------------------------------------------
*The Security Council voted on this Resolution on 17-1-48 with the following result:
Infavour: **Argentina, **Belgium, **Canada, China, **Columbia, France, **Syria, U.K and U.S.A.
Against: none
Abstaining: Ukrainian S.S.R. and U.S.S.R.
**Non-Permanent Members of the Security Council
THE SECURITY COUNCIL,
Having heard statements on the situation in Kashmir from the representatives of the Governments of India and Pakistan,
Recognizing the urgency of the situation,
Taking note of the telegram addressed on 6 January by its President to each of the parties and of their replies thereto; and in which they affirmed their intention to conform to the Charter of the United Nations.
Calls upon both the Government of India and the Government of Pakistan to take immediately all measures within their power (including public appeals to their people) calculated to improve the situation, and to refrain from making any statements and from doing or causing to be done or permitting any acts which might aggravate the situation;
Further requests each of those Governments to inform the Council immediately of any material change in the situation which occurs or appears to either of them to be about to occur while the matter is under consideration by the Council, and consult with the Council thereon.
--------------------------------------------------------------------------------
*The Security Council voted on this Resolution on 17-1-48 with the following result:
Infavour: **Argentina, **Belgium, **Canada, China, **Columbia, France, **Syria, U.K and U.S.A.
Against: none
Abstaining: Ukrainian S.S.R. and U.S.S.R.
**Non-Permanent Members of the Security Council
INDIA’S COMMITMENT OF PLEBISCITE FOR THE PEOPLE OF KASHMIR
“Our view which we have repeatedly made public is that the question of accession in any disputed territory or State must be decided in accordance with wishes of people and we adhere to this view.” JAWAHARLAL NEHRU, (in telegram No. 402-Primin-2227 dated 27 October 1947 to Prime Minister of Pakistan repeating telegram addressed to Prime Minister of United Kingdom).
In regard to accession also, it has been made clear that this is subject to reference to people of State and their decision.” JAWAHARLAL NEHRU, (in telegram No.413 dated 28 October 1947 addressed to Prime Minister of Pakistan).
“ …….the people of Kashmir would decide the question of accession. It is open to them to accede to either Dominion then.” JAWAHARLAL NEHRU, (in telegram No.255 dated 31 October 1947 addressed to Prime Minister of Pakistan).
“Kashmir should decide question of accession by plebiscite or referendum under international auspices such as those of the United Nations.” JAWAHARLAL NEHRU, (Letter No. 368-Primin dated 21 November 1947 to Prime Minister of Pakistan).
“We are anxious not to finalize anything in a moment of crisis and without the fullest opportunity to be given to the people of Kashmir to have their say. It is for them ultimately to decide.
“And let me make it clear that it has been our policy all along that where there is a dispute about the accession of a state to either Dominion, the accession must be made by the people of that state.” JAWAHARLAL NEHRU, (Broadcast to the Nation: “All India Radio”: 2 November 1947).
“The issue in Kashmir is whether violence and naked force should decide the future or the will of the people.” JAWAHARLAL NEHRU, (Statement in Indian Constituent Assembly; 25 November 1947).
“We have not opposed at any time an over-all plebiscite for the State as a whole…….” JAWAHARLAL NEHRU, (in telegram dated 16 August 1950 addressed to the U.N. Representative for India and Pakistan: S/1791 : Anne 1(B).
“The most feasible method of ascertaining the wishes of the people was by fair and impartial plebiscite.” JAWAHARLAL NEHRU, (Joint press communique of the Prime Ministers of India and Pakistan issued in Delhi after their meeting on 20 August 1953).
“People seem to forget that Kashmir is not a commodity for sale or to be bartered. It has an individual existence and its people must be the final arbiters of their future.” JAWAHARLAL NEHRU, (Report to the All-India Congress Committee, 6 July 1951; The Statesman, New Delhi, 9 July 1951).
“Kashmir is not a thing to be bandied about between India and Pakistan but it has a soul of its own and an individuality of its own. Nothing can be done without the goodwill and consent of the people of Kashmir.” JAWAHARLAL NEHRU, (Statement in the Indian Parliament, 31 March 1955).
“We had given our pledge to the people of Kashmir, and subsequently to the United Nations; we stood by it and we stand by it today. Let the people of Kashmir decide.” JAWAHARLAL NEHRU, (Statement in the Indian Parliament, 12 February 1951).
“We have taken the issue to the United Nations and given our word of honour for a peaceful solution. As a great nation, we cannot go back on it. We have left the question for final solution to the people of Kashmir and we are determined to abide by their decision.” JAWAHARLAL NEHRU (Amrita Bazar Patrika, Calcutta, 2 January 1952).
“If, after a proper plebiscite, the people of Kashmir said, ‘We do not want to be with India’, we are committed to accept that. We will accept it though it might pain us. We will not send any army against them. We will accept that, however hurt we might feel about it, we will change the Constitution, if necessary.” JAWAHARLAL NEHRU (Statement in the Indian Parliament, 26 June 1952).
“I want to stress that it is only the people of Kashmir who can decide the future of Kashmir. It is not that we have merely said that to the United Nations and to the people of Kashmir; it is our conviction and one that is borne out by the policy that we have pursued, not only in Kashmir but every where.
“I started with the presumption that it is for the people of Kashmir to decide their own future. We will not compel them. In that sense, the people of Kashmir are sovereign.” JAWAHARLAL NEHRU (Statement in Indian Parliament, 7 August 1952)
“The whole dispute about Kashmir is still before the United Nations. We cannot just decide things concerning Kashmir. We cannot pass a bill or issue an order concerning Kashmir or do whatever we want. JAWAHARLAL NEHRU (The Statesman, 1 May 1953)
“Leave the decision regarding the future of this State to the people of the State is not merely a promise to your Government but also to the people of Kashmir and to the world.” JAWAHARLAL NEHRU (In telegram No. 25 dated 31 October 1947 addressed to Prime Minister of Pakistan).
“In regard to accession also it has been made clear that this is subject to reference to people of State and their decision.” JAWAHARLAL NEHRU (In telegram No.413 dated 28 October 1947 addressed to Prime Minister of Pakistan).
“That Government of India and Pakistan should make a joint request to U.N.O. to undertake a plebiscite in Kashmir at the earliest possible date.” JAWAHARLAL NEHRU (In telegram No. Primin-304 dated 8 November 1947 addressed to Prime Minister of Pakistan).
“We have always right from the beginning accepted the idea of the Kashmir people deciding their fate by referendum or plebiscite………..”
“Ultimately, the final decision of settlement, which must come, has first of all to be made basically by the people of Kashmir…….” JAWAHARLAL NEHRU Statement at Press Conference in London, 16 January 1951, The Statesman, 18 January 1951).
“But so far as the Government of India are concerned, every assurance and international commitment in regard to Kashmir stands.” JAWAHARLAL NEHRU (Statement in the Indian Council of States; 18 May 1954).
In regard to accession also, it has been made clear that this is subject to reference to people of State and their decision.” JAWAHARLAL NEHRU, (in telegram No.413 dated 28 October 1947 addressed to Prime Minister of Pakistan).
“ …….the people of Kashmir would decide the question of accession. It is open to them to accede to either Dominion then.” JAWAHARLAL NEHRU, (in telegram No.255 dated 31 October 1947 addressed to Prime Minister of Pakistan).
“Kashmir should decide question of accession by plebiscite or referendum under international auspices such as those of the United Nations.” JAWAHARLAL NEHRU, (Letter No. 368-Primin dated 21 November 1947 to Prime Minister of Pakistan).
“We are anxious not to finalize anything in a moment of crisis and without the fullest opportunity to be given to the people of Kashmir to have their say. It is for them ultimately to decide.
“And let me make it clear that it has been our policy all along that where there is a dispute about the accession of a state to either Dominion, the accession must be made by the people of that state.” JAWAHARLAL NEHRU, (Broadcast to the Nation: “All India Radio”: 2 November 1947).
“The issue in Kashmir is whether violence and naked force should decide the future or the will of the people.” JAWAHARLAL NEHRU, (Statement in Indian Constituent Assembly; 25 November 1947).
“We have not opposed at any time an over-all plebiscite for the State as a whole…….” JAWAHARLAL NEHRU, (in telegram dated 16 August 1950 addressed to the U.N. Representative for India and Pakistan: S/1791 : Anne 1(B).
“The most feasible method of ascertaining the wishes of the people was by fair and impartial plebiscite.” JAWAHARLAL NEHRU, (Joint press communique of the Prime Ministers of India and Pakistan issued in Delhi after their meeting on 20 August 1953).
“People seem to forget that Kashmir is not a commodity for sale or to be bartered. It has an individual existence and its people must be the final arbiters of their future.” JAWAHARLAL NEHRU, (Report to the All-India Congress Committee, 6 July 1951; The Statesman, New Delhi, 9 July 1951).
“Kashmir is not a thing to be bandied about between India and Pakistan but it has a soul of its own and an individuality of its own. Nothing can be done without the goodwill and consent of the people of Kashmir.” JAWAHARLAL NEHRU, (Statement in the Indian Parliament, 31 March 1955).
“We had given our pledge to the people of Kashmir, and subsequently to the United Nations; we stood by it and we stand by it today. Let the people of Kashmir decide.” JAWAHARLAL NEHRU, (Statement in the Indian Parliament, 12 February 1951).
“We have taken the issue to the United Nations and given our word of honour for a peaceful solution. As a great nation, we cannot go back on it. We have left the question for final solution to the people of Kashmir and we are determined to abide by their decision.” JAWAHARLAL NEHRU (Amrita Bazar Patrika, Calcutta, 2 January 1952).
“If, after a proper plebiscite, the people of Kashmir said, ‘We do not want to be with India’, we are committed to accept that. We will accept it though it might pain us. We will not send any army against them. We will accept that, however hurt we might feel about it, we will change the Constitution, if necessary.” JAWAHARLAL NEHRU (Statement in the Indian Parliament, 26 June 1952).
“I want to stress that it is only the people of Kashmir who can decide the future of Kashmir. It is not that we have merely said that to the United Nations and to the people of Kashmir; it is our conviction and one that is borne out by the policy that we have pursued, not only in Kashmir but every where.
“I started with the presumption that it is for the people of Kashmir to decide their own future. We will not compel them. In that sense, the people of Kashmir are sovereign.” JAWAHARLAL NEHRU (Statement in Indian Parliament, 7 August 1952)
“The whole dispute about Kashmir is still before the United Nations. We cannot just decide things concerning Kashmir. We cannot pass a bill or issue an order concerning Kashmir or do whatever we want. JAWAHARLAL NEHRU (The Statesman, 1 May 1953)
“Leave the decision regarding the future of this State to the people of the State is not merely a promise to your Government but also to the people of Kashmir and to the world.” JAWAHARLAL NEHRU (In telegram No. 25 dated 31 October 1947 addressed to Prime Minister of Pakistan).
“In regard to accession also it has been made clear that this is subject to reference to people of State and their decision.” JAWAHARLAL NEHRU (In telegram No.413 dated 28 October 1947 addressed to Prime Minister of Pakistan).
“That Government of India and Pakistan should make a joint request to U.N.O. to undertake a plebiscite in Kashmir at the earliest possible date.” JAWAHARLAL NEHRU (In telegram No. Primin-304 dated 8 November 1947 addressed to Prime Minister of Pakistan).
“We have always right from the beginning accepted the idea of the Kashmir people deciding their fate by referendum or plebiscite………..”
“Ultimately, the final decision of settlement, which must come, has first of all to be made basically by the people of Kashmir…….” JAWAHARLAL NEHRU Statement at Press Conference in London, 16 January 1951, The Statesman, 18 January 1951).
“But so far as the Government of India are concerned, every assurance and international commitment in regard to Kashmir stands.” JAWAHARLAL NEHRU (Statement in the Indian Council of States; 18 May 1954).
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