A Document for Pakistani New Generation !!!!!!!! Actual draft of UNO Security Council: UNO KASHMIR RESOLUTION ;
A Document for Pakistani New Generation !!!!!!!!
Actual draft of UNO Security Council: (For students of History)
UNO KASHMIR RESOLUTION ;
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;
(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.
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;
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;
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."
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