sign in sign up
<<
Home , August 1948, January 1948, January 1949, March 1948, Owen Dixon

Chapter VIII. Maintenance of international peace and security

“9. And further noting that the restrictions on the methods described in Article 33 of the Charter. The passageof goods through the Suez Canal to main points of the charges concerned ’s action in ports are denying to nations at no time connected the State of Jammu and , the unlawful occu- with the conflict in Palestine valuable supplies re- pation of the State of Junagadh and other States by quired for their economic reconstruction, and that Indian forces, the mass destruction of Muslims in a these restrictions together with sanctions applied by prearranged programme of genocide, and failure to Egypt to certain ships which have visited Israel implement agreements between the two countries.“‘” ports represent unjustified interference with the’ The question was included in the agenda at the rights of nations to navigate the seas and to trade 226th meeting on 6 under the title “The freely with one another, including the :irab States Jammu and Kashmir question”.““4 and Israel ; The Security Council considered the question at the “10. Calls z~pon Egypt to terminate the restric- 22Gth-232nd, 234th-237th, 23Yth-246tl1, 250th-257th, tions on the passage of international commercial 26-ith-266th, 209th, 283th-287th, 289th, 290th, 304th, shipping and goods through the Suez Canal wherever 305th, 31 lth, 312th, 315th, 382nd, 399th, 457th, 458th, bound and to cease all interference \vith such ship- 463rd-471st, 532nd-540th, 543rd, 564t’- and 566th meet- ping beyond that essential to the safety of shipping ings, betlveen 6 January 1948 and 31 December 1951. in the Canal itself and to the observance of the international conventions in force.” L)ecisim of 17 JarlltarV 1938 (229th weeti?zg): Re- quest ta the two parties nut to take any steps which The Palestine question remained on the list of mat- Ijlight aggraetate t/cc silflation ters of which the Security Council is seized. By cablegram dated 6 January 1948, the President THE INDIA. QUESTION521 () asked the Governments of India and Paki- stand to refrain from any step incompatible with the Charter and liable to result in an aggravation of the On 1 January 1948, the Government of India re- situation, thereby rendering more difficult any action ported to the Security Council details of a situation by the Security Council.sY4 existing between India and Pakistan owing to the aid ,%I the 227th meeting on 15 January 1948, the repre- which invaders, consisting of nationals of Pakistan sentative of India* declared that, having failed to and tribesmen from the territory immediately adjoin- achieve a settlement of the question through negotia- ing Pakistan on the north-west, were drawmg from tions with the Government of Pakistan, the Govern- Pakistan for operations against Jammu and Kashmir, ment of India had to invoke the assistance of the a State lvhich, having acceded to the Dominion of Council to persuade the Government of Pakistan not India, the Government of India declared to he part to give direct or indirect aid to forces fighting in the of India. The Government of India considered the State of Jammu and Kashmir.5’” giving of this assistance by T’akistan to be an act of aggression against India, and likely to endanger the -.1t the 22Sth and 229th meetings on 16 and 17 Janu- maintenance of international peace and security, since ary respectively, the representative of Pakistan*’ de- in self-defence India might be compelled to enter clared that it was impossible to appraise the issues Pakistan territory in order to take military action referred to the Council under Article 3.5 of the Charter against the invaders. The Government of India, being without direct reference to the background of the anxious to proceed according to the principles and matter, which he proceeded to state in some detail. He declared that the Jammu-Kashmir Government had aims of the Charter, brought the situation to the atten- refused or ignored offers of friendly discussions and tion of the Security Council under Article 35 of the had called in Indian troops without informing Pakistan Charter.622 of its intended action. He called for the evacuation of On 15 Januarv 1948 the Government of Pakistan all elements foreign to the State, including tribesmen emphatically denled that they were giving aid and and Indian army troops as the best step to a solution assistance to the so-called invaders, or had committed of the questiorLZZF any act of aggression against India. The Azad (Free) At the 229th meeting on 17 January, the President Kashmir Government was struggling for liberty, and submitted a draft resolutior? which, with one amend- was possibly being helped by a certain number of ment to the preamble, was adopted by 9 votes in independent tribesmen and persons from Pakistan as favour and none against, with 2 ahstentions.62s The volunteers. The complaint of India under Article 35 resolution52Qread as follows : of the Charter contained a threat of direct attack against Pakistan. Under Article 35 of the Charter the “The Sewity CounciZ, Government of Pakistan further brought to the attcn- “Having heard statements on the situation in tion of the Security Council a situation existing bc- Kashmir from representatives of the Governments tween India and Pakistan which had already given of India and Pakistan, rise to disputes tending to endanger the rnaintcnance “S/646, and Corr.1, O.K., 3rd year, Szrppl. for NOV. 1948, of international peace and security. The Pakistan pp. 67-87. Government had unsuccessfully tried over a period of ‘% S/636, 226th meeting: p. 4. many months to seek a solution of the dispute by the =227th meeting : pp. 11-28. Wd228th and 229th meetings: pp. 90-120. =‘For the claim of the right of self-defence in conformity G21229th meeting: pp. 120-121. with Article 51 in connexion with this question, see chapter ‘“229th meeting : p. 125. For the President’s consultation with XI, Case 20. the parties, see chapter I, Case 26. “‘S/628, O.R., 3rd yrar, Suj$l. for Nov. 1948, pp. 139-144. cm S./651. Part Il. The India-Pakistan question 345

“Recognizing the urgency of the situation, “C. The Commission is invested with a dual function : -. “Taking note of the telegram addressed on 6 January by its President to each of the parties and “( 1) to investigate the facts pursuant to Article of their replies thereto; and in which they affirmed 34 of the Charter; their intention to conform to the Charter, “(2) to exercise, without interrupting the work “Calls upon both the Government of India and of the Security Council, any mediatorv influence the Government ,of Pakistan to take immediately all likely to smooth away difficulties; to ca;ry out the measures within their power (including public ap- directions given to it by the Security Council; and peals to their people) calculated to improve the to report how far the advice and directions, if any, situation, and to refrain from making any statements of the Security Council have been carried out. and from doing or causing to be done or permitting “D. The Commission shall perform the functions any acts which might aggravate the situation; described in clause C : “L4nd fz~tkcr rccllrrs/s each of those Governments “(1) in regard to the situation in the Jammu to iniorm the Council immediately of any material and Kashmir State set out in the letter of the Repre- change in the situation which occurs or appears to sentative of India addressed to the President of the either of them to hc about to occur while the matter Security Council, dated 1 January 1948, and in the is under consideration by the Council, and consult letter from the Minister of Foreign Affairs of Paki- with the Council thereon.” stan addressed to the Secretary-General, dated 15 January 1948 ; and At the same meeting, at the suggestion of the repre- sentative ‘of the , it was further de- “(2) in regard to other situations set out in the cided that discussion of the question be adjourned letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General, dated 15 until 20 January 1948 and that, during the interim January 1948, when the Security Council so directs. period, the President should hold joint discussions with the representatives of India and Pakistan.530 “E. The Commission shall take its decision by majority vote. It shall determine its own procedure. Decision of 20 January 1938 (230th vneetiug): Estab- It may allocate among its members, alternate mem- lishmel7t of the UGtrd Nations Comlnissiort bers, their assistants, and its personnel such duties At the 230th meeting on 20 January, the President, as may have to be fulfilled for the realization of its as the representative of Belgium, submitted a draft mission and the reaching of its conclusions. rC resolution53i which was adopted at the same meeting “F. The Commission, its members, alternate by 9 votes in favour and none against, with 2 absten- members, their assistants and its personnel, shall tions.532 The resolution read as follows: be entitled to journey, separately or together, where- “The Security Council, ever the necessitiesof their ta’sks may require, and, in particular, within those territories which are the “Considering that it may investigate any dispute theatre of the events ‘of which the Security Council or any situation which might, by its continuance. is seized. endanger the maintenance of international peace and security: that, in the existing state of affairs be- “G. The Secretary-General of the United Na- tween India and Pakistan, such an investigation is tions shall furnish the Commission with such per- a mat,ter of urgency, sonnel and assistanceas it may consider necessary.” “Adopts the following resolution: “A. A Commission of the Security Council is Derisioll of 22 January 1948 (231st meeting): Adop- hereby established, composed of representatives of tion of agenda clzanginq the title to “India-Pakistan three Members of the IUnited Nations, one to be qz~estion” selected by India, one to be selected bv Pakistan, On 20 January 1948, the Government of Pakistan and the third to be designated by the two-so selected. requested consideration of matters in the Pakistan com- “Each representative on the Commission shall be plaint other than the Jammu-Kashmir question. At the entitled to select his alternates and assistants. 231st meeting on 22 January 1948, the title in the “B. The Commission shall proceed to the spot as agenda “Jammu and Kashmir question” was altered to quickly as possible. It shall act under the authoritv the “In&a-Pakistan question”, with the understand- of the Security Council and in accordance with thk ing that the Kashmir question would be discussed directions it mav receive from it. Tt shall keep the first as a particular case of the India-Pakistan dispute, Security Council currently informed of its activities though this would not mean that consideration of the and of the development of the situation. It shall re- issues in the Pakistan complaint would be postponed port to the Security Council regularly. submitting until consideration of the Kashmir question had been its conclusions and proposals. completed.533 The President (Belgium), after further negotiations with the parties,534submitted draft resolu- -229th meeting: pp. 12.5-128. See chapter X, Case 5. for tions at the 237th meeting. The request of India to LL these conversations in relation to Article 33. adjourn proceedings was discussed at the 243rd-246th gQS/654, 230th meeting: pp. 129-131. =230th meeting: p. 143. For discussion in relation to Article meetings, and the Council thereafter discussed other 34? see chapter X. Case 16. On the working of the Com- aspects of the question. mlssion, see Organization and Procedure of Commissions: XI. The United Kations Commission for India bJa S/655, 231st meeting: pp. 143-168. See chapter II, Case 42. and Pakistan (United Nations publications, 19%X.1). See also w See chapter I, Case 27. Draft resolutions submitted were chapter V, Case 6. S/661, S/662, S/667, S/671 and S/679.

-_ - 346 Chapter VIII. Maintenance of international peace and security

Decision of 21 (286th meeting): illodifica- the opinion of the Council are appropriate to bring tion of instructiom to the United Nations Conmis- about a cessation of the fighting and to create proper sion for India and Pakistan conditions for a free and impartial plebiscite to de- On the return of the Indian delegation the Council cide whether the State of Jammu and Kashmir is continued consideration of the question. The draft to accede to India or Pakistan. resolutions submitted to the Council eventually “A. Restoration of peace and order were replaced at the 284th meeting on 17 April by a “1. The Government of Pakistan should under- joint draft resolution submitted by the representatives take to use its best endeavours: of Belgium, Canada, China, , the United Kingdom and the United States,635 which was voted “(a) To secure the withdrawal from the State of upon paragraph by paragaph and adopted at the 286th Jammu and Kashmir of tribesmen and Pakistani meeting on 21 April 1948.536The resolution read as nationals not normally resident therein who have en- follows ?‘1 tered the State for the purposes of fighting, and to prevent any intrusion into the State of such ele- “The Security Council, ments and any furnishing of material aid to those “Having considered the complaint of the Govern- fighting in the State; ment of India concerning the dispute over the State “(b) To make known to all concerned that the of Jammu and Kashmir, measures indicated in this and the following para- “Having heard the representative of India in sup- graphs provide full freedom to all subjects of the port of that complaint and the reply and counter State, regardless of creed, caste, or party, to express complaints of the representative of Pakistan, their views and to vote on the question of the acces- “Being strongly of opinion that the early restora- sion of the Stat:, and that therefore they should tion of peace and order in Jammu and Kashmir is co-operate in the maintenance of peace and order. essential and that India and Pakistan should do “2. The Government of India should: their utmost to bring about a cessation of all fighting, “(a) When it is established to the satisfaction of “AToting with satisfaction that both India and Paki- the Commission set up in accordance with the Coun- stan desire that the question of the accession of cil’s Resolution of 20 January that the tribesmen are Jammu and Kashmir to India or Pakistan should withdrawing and that arangements for the cessa- be decided through the democratic method of a free tion of the fighting have become effective, put into and impartial plebiscite, operation in consultation with the Commission a “Considering that the continuation of the dispute plan for withdrawing their own forces from Jammu is likely to endanger international peace and security, and Kashmir and reducing them progressively to “Reafirms the Council’s resolution of 17 January, tne minimum strength required for the support of “Kesolves that the membership of the Commission the civil power in the maintenance of law and order; established by the resolution of the Council Jf 20 “(b) Make known that the withdrawal is taking January 1948 shall be increased to five and shall place in stages and announce the completion of each include in addition to the membership mentioned stage; in that resolution, representatives of and “(c) When the Indian forces shall have been re- -, and that if the membership of the duced to the minimum strength mentioned in (a) (Commissionhas not been completed within ten days above, arrange in consultation with the Commission from the date of the adoption of this resolution the for the stationing of the remaining forces to be President of the Council may designate such other carried out in accordance with the following prin- Member or Members of the United Nations as are ciples : required to complete the membership of five; “(i) That the presence of troops should not af- “Instructs the Commission to proceed at once to ford any intimidation or appearance of intimidation the Indian sub-continent and there place its good to the inhabitants of the State ; offices and mediation at the disposal of the Govern- “(ii) That as small a number as possible should ments of India and Pakistan with a view to facili- be retained in forward areas; tating the taking of the necessary measures, both with respect to the restoration of peace and order “(iii) That any reserve of troops which may be and to the holding of a plebiscite, by the two Gov- included in t1.e total strength should be located with- ernments, acting in co-operation with one another in their present base area. and with the Commission, and further instructs the “3. The Government of India should agree that, Commission to keep the Council informed of the until such time as the Plebiscite Administration re- action taken under the resolution, and to this end, ferred to below finds it necessary to exercise the “Recommends to the Governments of India and powers of direction and supervision over the State Pakistan the following measures as those which in forces and police provided for in paragraph 8, they will be held in areas to be agreed upon with the =284th meeting: p. 2 ; s/726, OX., 3rd ycnr, StippZ. for April 1948, pp. 8-12. Plebiscite Administrator. LL9B286th meeting: pp. 9-40. “4. After the plan referred to in paragraph 2 (u) 6111India and Pakistan communicatedtheir views on the resolution itI ~/734/Corr.l and in S/735 respectively (0% above has been put into operation, personnel re- 3rd pw. Suppi. for ~Vov.1948, p. 66, and for . pp. cruited locally in each district should so far as 40-42). For communicationsbetween the Secretary-Generaland possible be utilized for the re-establishment and India regardingthe plebisciteadministrator, see S/756 (OX., 3rd year, Suppl. for May 1948, PP. 92%). maintenance of law and order with due regard to

-^_..--- __ _....._.__ Part II. The India-Pakistan question 347

protection of minorities, subject to such additional Security Council, with the Governments of India requirements as may be specified by the Plebiscite - and Pakistan and with their representatives with Administration referred to in paragraph 7. the Commission. It would be his duty to bring to “5. If these local forces should be found to be the notice of any or all of the foregoing (as he in inadequate, the Commission, subject to the agree- his discretion may decide) any circumstances arising ment of both the Government of India and the Gov- which may tend, in his opinion, to interfere with ernment of Pakistan, should arrange for the use of the freedom of the plebiscite. such forces of either Dominion as it deems effective “11. The Government of India should undertake for the purpose of pacification. to prevent, and to give full support to the Adminis- trator and his staff in preventing, any threat, co- “B. Plebiscite ercion or intimidation, briberv or other undue in- “6. The Government of India should undertake fluence on the voters in the plebiscite, and the to ensure that the Government of the State invite Government of India should publicly announce and the major political groups to designate responsible should cause the Government of the State to an- representatives to share equitably and fully in the nounce this undertaking as an international obliga- conduct of the administration at the Ministerial tion binding on all public authorities and officials in level, while the plebiscite is being prepared and Jammu znd Kashmir. carried out. “12. The Government of India should themselves “7. The Government of India should undertake and through the Government of the State declare that there will be established in Jammu and Kash- and make known that all subjects of the State of mir a Plebiscite Administration to hold a plebiscite Jammu and Kashmir, regardless of creed, caste or as SOOX~ as possible on the question of the accession party, will be safe and free in expressing their views of the State to India or Pakistan. and in voting on the question of the accession of “8. The Government of lndia should undertake the State and that thcrc: will be freedom of the that there will be delegated by the State to the Press, speech and assembly and freedom of travel Plebiscite Administration such powers as the latter in the State, including freedom of lawful entry and considers necessary for holding a fair and impartial exit. plebiscite including, for that purpose only, the direc- “13. The Government of India should use and tion and supervision of the State forces and police. should ensure that the Government of the State also “9. The Government of India should, at the re- use their best endeavours to effect the withdrawal quest of the Plebiscite Administration, make avail- from the State of all Indian nationals other than able from the Indian forces such assistance as the those who are normally resident therein or who on Plebiscite Administration may require for the per- or since 15 have entered it for a law- formance of its functions. ful purpose. “10. (a) Th e Cxovernment of India should agree “14. The Government of India should ensure that that a nominee of the Secretary-General of the the Government of the State release all political United Nations will be appointed to be the Plebiscite prisoners and take all possible steps so that: Administrator. “(a) All citizens of the State who have left it “(b) The Plebiscite Administrator, acting as an on account of disturbances are invited, and are free, officer of the State of Jammu and Kashmir, should to return to their homes and to exercise their rights have authority to nominate his assistants and other as such citizens; subordinates and to draft regulations governing the plebiscite. Such nominees should be formally ap- “(b) There is no victimization; pointed and such draft regulations should be formally “(c) Minorities in all parts of the State are ac- promulgated by the State of Jammu and Kashmir. corded adequate protection. “(c) The Government of India should undertake “15. The Commission of the Securitv Council that the Government of Jammu and Kashmir will should at the end of the plebiscite certify to the appoint fully qualified persons nominated by the Council whether the plebiscite has or has not been Plebiscite Administrator to act as special magistrates really free and impartial. 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 “C. General P,ronisions conduct of a free and impartial plebiscite. “16. The Governments of India and Pakistan “(d) The terms of service of the Administrator should each be invited to nominate a representative should form the subject of a separate negotiation to be attached to the Commission for such assistance between the Secretary-General of the United Nations as it may require in the performance of its task. and the Government of India. The Administrator should fix the terms of service for his assistants and “17. The Commission should establish in Jarnmu subordinates. and Kashmir such observers as it may require of any of the proceedings in pursuance of the measures “(e) The Administrator should have the right to indicated in the foregoing paragraphs. communicate directly with the Government of the State and with the Commission of the Security “18. The Security Council Commission should Council and, through the Commission, with the carry out the tasks assigned to it herein.” 348 Chapter VIII. Maintenance of international peace and security I Decision of 23 April 1948 (287th meeting): No?+ report on the other three questions raised by the dele- tion of m,elnbers of the United Nations Conwwszon gation of Pakistan”.544 At the 2S7th meeting on 23 April 1948, the Council Decision of 25 (382nd meeting): Ex- added Belgium and Colombia s38 to the United Na- pression of support for the United Nations Com- tions Commission for India and Pakistan. mission and endorsement of its appeal to both parties At the 289th meeting on 7 May the President to refrain from any prejudicial action () nominated the United States53Qas the fifth The Commission proceeded to the sub-continent of member of the Commission.540 India in July 19448and submitted an Interim Report on 9 November 1948.545The report was discussed at De&io?z of 3 June 1938 (312th meeting): Instructions the 382nd meeting of the Council on 25 N,ovember to the Commission 1948. After further consideration, beginning at the 289th The representative of Pakistan* informed the Coun- meeting on 7 May 1948, of other matters in the India- cil that Pakistan forces, which had entered Kashmir Pakistan question, the President (Syria) stated at the during the previous six months, had taken a purely 312th meeting on 3 June that the best solution would defensive action, but recent Indian military advances be to enlarge the Commission’s terms of reference to in Kashmir might force Pakistan to take new military cover these matters, so that at a later date they could counter measures. either be dealt with by the Commission or taken up again in the Council. He submitted a draft resolution The Council agreed, on the suggestion of the Presi- which, with an amendment submitted by the repre- dent (), that he convey to the Commission sentative of the United Kingdom, was adopted at the the following : “Firstly, it (the Security Council) de- same meeting by 8 votes in favour and none against, sires to inform the Commission appointed to intervene with 3 abstentions.“41 The resolution54” read as follows : in the dispute between India and Pakistan that it (the Commission) can count on the full support of the “The Security Council Security Council and that the Council wishes it to “Reufirnzs its resolutions of 17 January 1948, continue its work for the purpose of arriving at a 20 January 1948 and 21 April 1948; peaceful solution. Secondly, it desires to bring to the “Directs the Commission to proceed without de- attention of the Governments of India and Pakistan the lay to the areas of dispute witt a view to accom- need for refraining from an; action which might ag- plishing in priority the duties assigned to it by the gravate the military or the political situation and resolution of 21 April 1948, consequently prejudice the negotiations which are at present being carried on for the purpose of arriving ‘And directs the Commission further to study and at a final and peaceful understanding in the matter.“j40 report to the Security Council when it considers it appropriate on the matters raised in the letter of Decision of 13 (399th meeting) : Instruc- the Foreign Minister of Pakistan, dated 1.5 January tions to the United Nations Conzmission to return 1948, in the order outlined in Paragraph D of the to the sub-continent of India resolution of the Council dated 20 January 1948.” The Commission obtained a suspension of hostilities Derisioll of 8 JwIe 1948 (315th meeting): Explanation in the state of Jammu and Kashmir, and the cease-fire of Cow&‘s resolution of 3 order came into effect on 1 January 1949. At the 315th meeting on S June 1948, the President By letter dated 10 January 1949, the Chairman and (Syria) stated that he had received a letter from the the Rapporteur of the Commission forwarded to the representative of India543 conveying a message from President of the Council the Commission’s Second the Prime Minister of India expressing the surprise of Interim Report covering the period of the Commis- his Government that the ,Council should have thought sion’s activities from 25 to 5 January fit, in its resolution of 3 June 1948, to direct the 1949, when it adopted a resolution embodying the basic Commission to study and report on matters other than principles for a plebiscite in the state of Jammu and the Jammu and Kashmir question. Kashmir.547 At the suggestion of the representative of China, At the 399th meeting on 13 January 1949, the the Council agreed that the President should reply to Council considered the report and the President the Indian Prime Minister explaining that “what the (‘Canada) expressed the view of the Council that the Security Council did . . . was to tell the Commission Commission should “return to the sub-continent of to go ahead, to deal first with the Kashmir question, India, at its earliest convenience, in order to continue and then, when it deemed it appropriate, to study and the work which it has already so far advanced”.548 bpB287th meeting: p. 3. Decision of 17 (457th meeting): Re- 611p289th meeting: b. 8. quest to the President of the Council to meet infor- 6LOB~letter (S/6691 dated 10 Februarv 1948. the represen- tative -of India‘ gad iransmitted a message to ‘the Secietary- mally -with the two partzes General from the Prime Minister of India naming Czecho- At the 457th meeticg on 17 December, the Third slovakia as his Government’s nominee on the Commission. By letter (S/735) dated 30 April 1948, addressedto the President Interim Report of the United Nations Commission was of the Security Council, the Foreign Minister of Pakistan stated that his Government had nominated Argentina as “’ 315th meeting : pp. 2-7. Pakistan’snominee on the Commission. m S/1100, O.R., 3rd year, Subpl. for Nov. 1948, pp. 17-144. =“312th meeting: pp. 16-21. Me382nd meeting : pp. Z-26. w S/819, 312th meeting: p. 21. = S/1196, O.R., 4th jjear, Sugpl. for Jan. 1949. 6uI S/825, O.R., 3rd year, Suppl. for June 1948. pp. 78-79. MB399th meeting : p. 8. Part ZZ. The India-Pakistan question 349

presented to the Council by the Chairman of the Pakistan which were initiated in pursuance of’ the Commission.54QThe Commission considered that a decision taken by the Security Council on 17 Decem- single person could more effectively conduct further her 1949; negotiations. He should be given broad authority to “Commending the Governments of India and endeavour to bring the two Governments together on Pakistan for their statesmanlike action in reaching all issues and should have an undivided responsibility. the agreements embodied in the United Nations The representative of Czechoslovakia on the Commis- Commission’s resolutions of 13 and 5 sion submitted a minority report550 recommending the January 1949 for a cease fire, for the demilitariza- establishment of a new commission, composed of rep- tion of the State of Jammu and Kashmir and for resentatives of all States members of the Security the determination of its final disposition in accord- Council, to carry out its mediation task without delay, ance with the will of the people through the demo- at Headquarters, and the parties availing themselves cratic method of a free and impartial plebiscite and of the opportunity to reach an understanding as to commending the parties in particular for their action differences in connexion with the Commission’s reso- in partially implementing these resolutions by lutions of 13 August 1948 and 5 January 1949. “( 1) The cessation of hostilities effected 1 Janu- At the same meeting, the Council by a vote of 9 ary 1949 in favour and none against, with 2 abstentions, adopted “(2) The establishment of a cease-fire line on a suggestion by the representative of Norway, that 27 and the President (Canada) should meet informally with the representatives of India and Pakistan, examine the “(3) The agreement that Fleet Admiral Chester possibilities of finding a mutually satisfactory basis W. Nimitz shall be Plebiscite Administrator, and report to the Security Council551 “Considering that the resolution of the outstand- At the 458th meeting on 29 December, the Council ing difficulties should be based upon the substantial heard from its President (Canada), General Mc- mea.s+re of agreement on fundamental principles Naughton, an account of his talks with the representa- already reached, and that steps sh,ould be taken tives of India and Pakistan and agreed that he should forthwith for the demilitarization of the State and continue his negotiations with the two parties. if for the expeditious determination of its future in necessary, even after the expiration of his term of accordance with the freely expressed will of the office as President of the Council on 31 December inhabitants ; 1949.552 - “The Security Council, DE&ion of 14 .50 (470th meeting): Appoint- “1. Calls upon the Governments of India and melrt of a United Nations Representative for India Pakistan to make immediate arrangements, without afzd Pakistan prejudice to their rights or claims and with due re- In response to an invitation agreed upon by the gard to the requirements of law and order, to pre- Security Council at its 462nd meeting on 17 January pare and execute within a period of five months 19.50,653General McNaughton on 3 from the date of this resolution a programme of communicated a full report of his negotiations with demilitarization on the basis of the principles of the parties since 17 December 1949. paragraph 2 of General McNaughton’s proposal or At its 463rd meeting on 7 February, the Council be- of such modifications of those principles as may be gan consideration of General McNaughton’s report.564 mutually agreed ; At the 467th meeting on 24 February, the repre- “2. Decides to appoint a United Nations Repre- sentatives of Cuba, Norway, the United Kingdom and sentative for the following purposes who shall have the United States submitted a joint draft resolution655 authority to perform his functions in such place or places as he may deem appropriate: which was adopted at the 470th meeting on 14 March by 8 votes in favour and none against, with 2 absten- “(a) To assist in the preparation and to super- tions.668 vise the implementation of the programme of de- militarization referred to above and to interpret the The resolution read as follows: agreements reached by the parties for demilitariza- “Having received and noted the reports of the tion, ‘CJnited Nations Commission for India and Pakistan, established by the resolutions of 20 January and 21 “(_b), To place himself at the disposal of the Governments of India and Pakistan and to place April 1948 ; before those Governments or the Security Council “Having also received and noted the report of any suggestions which, in his opinion, are likely to General A. G. L. McNaughton on the outcome of contribute to the expeditious and enduring solution his discussions with the representatives of India and of the dispute which has arisen between the two Governments in regard to the State of Jammu and M0 S/1430/Rev.l, O.R., 4th ymr, Special Suppl. No. 7. bM S/1430/Add.3, O.lR., 4th year, Special Suppl. No. 7, pp. Kashmir, -_.lo<-7n4 --.. “(c) To exercise all of the powers and responsi- 561457th meeting: pp. 5-S. bilities devolving upon the United Nations Commis- Gj2458th meeting: pp. 4-21. See chapterI, Cases31 and 32. =462nd meeting: p. 16. sion by reason of existing resolutions of the Security m S/14.53, O.R., 5th year, suppl. for Jan.-, pp. 3-16. Council and by reason of the agreement of the E6sS/1469. parties embodied in the resolutions of the United =470th meeting: p. 4. One member was absent. On the Nations Commission of 13 August 1948 and 5 United Nations Representative for India and Pakistan, see chapter V, Case 8. January 1949, 350 Chapter VIII. Maintenance of international peace and security - “(d) to arrange at the appropriate stage of de- have reaffirmed their desire that the future of the militarization for the assumption by the Plebiscite State of Jammu and Kashmir shall be decided Administrator of the functions assigned to the latter through the democratic method of a free and im- under agreements made between the parties, partial plebiscite conducted under the auspices of “(e) to report to the Security Council as he the United Nations, may consider necessary submitting his conclusions “Observing that on 27 the General and any recommendations which he may desire to Council of the ‘All Jammu and Kashmir National make ; Conference’ adopted a resolution recommending the “3. Requests the two Governments to take all convening of a constituent assembly for the purpose necessary precautions tc ensure that their agreements of determining the ‘future shape and affiliations of regarding the cease fire shall continue to be faith- the State of Jammu and Kashmir’; observing fur- fully observed, and cafls t4,bon them to take all pos- ther from statements of responsible authorities that sible measures to ensure the creation and mainten-. action is proposed to convene such a constituent ante of an atmosphere favourable to the promotion assembly and that the area from which such a con- of further negotiations ; situent assembly would be elected is only a part of the whole territory of Jamtnu and Kashmir, “4. Extends its best thanks to the members of the Ul,ited Nations Commission for India and Paki- “Reminding the Governments and authorities con- stan and to General A. G. L. McNaughton for their cerned of the principle embodied in the Security arduous and fruitful labours ; (Council resolutions of 21 April 1948, 3 June 1948 and 14 and the United Nations Com- “5. Agrees that the United Nations Commission mission for India and Pakistan resolutions of 13 for India and Pakistan shall be terminated, and de- August 1948 and 5 January 1949. that the final cides that this shall take place one month after both parties have informed the United Nations Repre- disposition of the State of Jammu and Kashmir will sentative of their acceptance of the transfer to him be made in accordance with tbe will of the people of the powers and responsibilities of the United Na- expressed through the democratic method of a free and impartial plebiscite conducted under the auspices tions Commission referred to in paragraph 2 (c) of the United Nations, above.” “Affirming that the convening of a constituent At the 471st meeting on 12 , the Council assembly as recommended by the General Council appointed Sir Owen Dixon of as United of the ‘All Jammu and Kashmir National Confer- Nations Representative for India and Pakistan by 8 ence’, and any action that Assembly might attempt votes in favour, none against, with 2 abstentions.557 to take to determine the future shape and affiliation Decision of 30 March 1951 (539th meetin?): Appoint- of the entire State or any part thereof would not m.ent of a United Nations Representatave for India constitute a disposition of the State in accordance and Pakistan in succession to Sir Owen Dixon: with the above principle, instructions to the United Nations Represelltative “Declaring its belief that it is the duty of the By letter dated 15 ,658 Sir Owen Security Council in carrying out its primary re- Dixon, United Nations Representative for India and sponsibility for the maintenance of international Pakistan, transmitted his report to the Council and peace and security to aid. the parties to reach an requested formal termination of his position as United amicable solution of the Kashmir dispute and that Nations Representative. a prompt settletnent of this dispute is of vital im- At the 532nd meeting on 21 February 1951, when portance to the maintenance of international peace the Council took up for consideration the report of and security, the United Nations Representative, the representatives “Observing from Sir Owen Dixon’s report that of the United Kingdom and the United States sub- the main points of difference preventing agreement mitted a joint draft resolution which, as revised on between the parties were: 21 March,55” was adopted at the 539th meeting on “(a) The procedure for and the extent of de- 30 March 1951 by 8 votes in favour and none against, militarization of the State preparatory to the holding with 3 abstentions.560The resolution read as follows: of a plebiscite, and “The Security Council, “(b) Tlie degree of control over the exercise of “Having received and noted the report of Sir the functions of goverrment in the State necessary Owen Dixon, the United Nations Representative for to ensure a free and fair plebiscite, India and Pakistan, on his mission initiated bv the “1. Accepts, in compliance with his request, Sir Security Council resolution of 14 March 1950, - Owen Dixon’s resignation and expresses its grati- “Observing that the Governments of India and tude to Sir Owen for the great ability and devotion Pakistan have accepted the provisions of the United with which he carried out his mission; Nations Commission for India and Pakistan reso- “2. Decides to appoint a United Nations Repre- lutions of 13 August 1948 and 5 January 1949, and sentative for India and Pakistan in succession to Sir Owen Dixon; -471st meeting: p. 5. One memberwas absent. cm S/1791, O.R., 5th year, Suppl. for Sept.-Dec. 1950. “3. Instructs the United Nations Representative m S/2017/Rev.l, O.R., 6th year, Suppl. for Jan.-March 1951, to proceed to the sub-continent and, after consulta- pp. 25-27; and SpecialSappl. No. 2, pp. 24-26. m 539th meeting: p. 15. tion with the Governments of India and Pakistan, Part 11. l’he India-Pakistan question -- _--- 351 to effect the demilitarization of the State of Jammu Council reports that the authorities in Jammu and and Kashmir on the basis of the United Nations Kashmir were convening a constituent assembly to Commission for India and Pakistan resolutions of 13 decide the future of the state. The Council was re- August 1948 and 5 January 1949; quested to stop the course of action which would “4. Calls upon the parties to co-operate with the prejudice further negotiations between India and Paki- United Nations Representative to the fullest degree stan and create an explosive situation. in effecting the demilitarization of the State of JanI- At the 548th meeting on 29 May 1951, the President mu and Kashmir; () submitted to the Council a proposed text “5. Instructs the United Nations Representative of the letter which various delegations suggested to report to the Security Council within three months should be sent by him to the Governments of India from the date of his arrival on the sub-continent * and Pakistan. if, at the time of this report, he has not effected de: The text of the President’s letter read as follows:563 militarization in accordance with paragraph 3 above, or obtained the agreement of the parties to a plan “I have the honour to call your attention to the for effecting such demilitarization, the United Na- important principles regarding the India-Pakistan tions Representative shall report to the Security question restated in the Security Council resolution Council those points of difference between the par- of 30 March 195i (S/2017/Rev.l). ties in regard to the interpretation and execution of “Members of the Security Council, at its 548th the agreed resolutions of 13 August 1948 and 5 meeting held on 29 May 1951, have heard with January 1949 which he considers must be resolved satisfaction the assurances of the representative of to enable such demilitarization to be carried out; India that any constituent assembly that may be established in Srinagar is not intended to prejudice “6. Culls upon the parties, in the event of their the issues before the Security Council or to come discussions with the United N&ions Representative in its way. failing in his opinion to result in full agreement, to accept arbitration upon all outstanding points of dif- “On the other hand, the two communications to ference reported by the United Nations Represerlta- me, as President of the Council, from the represen- tive in accordance with paragraph 5 above, such tative of Pakistan, set forth in documents S/2119 arbitration to be carried out by an arbitrator, or a and S/2145, contain reports which, if they are cor- panel of arbitrators, to be appointed by the President rect, indicate that steps are being taken by the Yuvaraja of Jammu and Kashmir to convoke a con- C of the International Court of Justice after consul- tation with the parties; stituent assembly, one function of which, according to Sheikh Abdulla, would be ‘a decision on the “7. Decides that the military observer group shall future shape and affiliation of Kashmir’. continue to supervise the cease fire in the State; “It is the senseof the Security Council that these “8. Requests the Governments of India and Paki- reports, if correct, would involve procedures which stan to ensure that their agreement regarding the are in conflict with the commitments of the parties cease fire shall continue to be faithfully observed to determine the future accession of the State by a and calls upon them to take all possible measures to fair and impartial plebiscite conducted under United ensure the creation and maintenance of an atmos- Nations auspices. phere favourable to the promotion of further nego- “It seems appropriate to recall the request con- tiations and to refrain from any action likely to tained in the resolution of 30 March that the parties prejudice a just and peaceful settlement; create and maintain ‘an atmosphere favourable to “9. Requests the Secretary-General to provide the the promotion of further negotiations and to refrain United Nations Representative for India and Paki- from any action likely to prejudice a just and peace- stan with such services and facilities as may be ful settlement’. The Council trusts that the Govern- necessary in carrying out the terms of this resolu- ments of India and Pakistan will do everything in tion.” their power to ensure that the authorities in Kash- mir do not disregard the Council or act in a manner At the 543rd meeting on 30 April 1951, the Coun- which would prejudice the determination of the cil appointed Dr. Frank P. Graham as United Nations future accession of the State in accordance with the Representative for India and Pakistan by 7 votes to procedures provided for in the resolutions of the none, with 4 abstentions.661 Council and of the ‘United Nations Commission for Decision of 29 May 1951 (548th meeting): Message India and Pakistan. from the President of the Security Council to the “AS President of the Security Council, I have Governments of India and Pakistan concerning re- attempted to summarize the general line of the ports that a constituent assembly would be convoked Security Council’s discussion on this matter, a full in Kashmir record of which is attached.” - By letters dated 4 and 10 May 1951,562the repre- At the same meeting, the text of the letter was sentative of Pakistan brought to the attention of the adopted by 9 votes in favour and none against, with 2 abstentions.564 m 543rd meeting: p. 4. “S/2119 and S/2145, O.R., 6th year, Suppl. for April-June w 548th meeting: pp. 21-22. 1951, pp. 98-99 and 121-122. w548th meeting: p. 23. 352 Chapter VIII. Maintenance of international peace and security

De&&r of 10 November 1951 (566th meeting): In- THE CZECHOSLOVAK QUESTION struction to the United Nations Representative for INITIAL PROCEEDINGS India and Pakistan to continl$e his eflorts to obtain agreement on a plan for demilitarizing Janmu and By letter dated 12 ,560Chile requested KashuuLir, and to report to the Security Council the Secretary-General, under Article 35 (1)) to refer within six weeks to the Security Council the communication of 10 March 1948 from Mr. Papanek, “permanent repre- By letter dated 15 October 1951sfj” the United xa- sentative of Czechoslovakia”, alleging that the politi- tions Representative for India and Pakistan trans- cal independence of Czechoslovakia had been violated mitted his first report to the Security Council. by the threat of the use of force by the USSR in At the 566th meeting on 10 November, the repre- violation of Article 2 (4). The representative of sentatives of the United Kingdom and the United requested that the Council, in accordance with Article States submitted a joint draft resolution which was 34, should investigate the reported events which con- adoptedsGFat the same meeting by 9 votes in favour, stituted “a threat to international peace and security”. none against, wth 2 abstentions.5G7The resolution read At the 268th meeting on 17 March 1948 the Council as follows : included the question in the agenda.j?O In the debate on the adoption of the agenda, the representatives of “The Security Council, the United Kingdom and the United States stresseds7’ “Having received and xoted the report of Dr. that the question before the Council was essentially Frank Graham, the United Nations Representative the complaint of recourse by the IJSSR to the threat for India and Pakistan, on his mission initiated by of the use of force, contrary to Article 2 (4) .872 The the Security Council resolution of 30 March 1951, representative of the USSR repudiated the allega- and having heard Dr. Graham’s address to the tion.573 Council on 1s October, The Council considered the Czechoslovak question “Noting with approval the basis for a programme at its 268th, 272nd, 273rd, 276th, 27&h, 281st, 288th, of demilitarization which could be carried out in 300th, 303rd and 305th meetings between 17 March conformity with the previous undertakings of the and 26 May. parties, put forward by the United Nations Repre- Decision of 24 May 1948 (303rd meeting): Rejection sentative in his communication of 7 September 1951 of draft resolzttion submitted by the represeytative to the Prime Ministers of India and Pakistan, of Chile and sponsored by the representattve of “1. Notes with gratification the declared agree- Argentina ment of the two parties to those parts of Dr. At the 281st meeting on 12 April 1948, the repre- Graham’s proposals which reaffirm their determina- sentative of Chile* submitted a proposal 574providing tion to work for a peaceful settlement, their will to for the Security Council “to appoint a sub-committee observe the cease-fire agreement and their acceptance of . . . members” and instruct “this sub-committee to of the principle that the accession of the State of receive or to hear . . . evidence, statements and testi- Jammu and Kashmir should be determined by a monies and to report to the Security Council at the free and impartial plebiscite under the auspices of earliest possible time”. the United Nations; At the 288th meeting on 29 April, the representa- “2. Instructs the United Nations Representative tive of Argentina proposed that a vote be taken upon to continue his efforts to obtain agreement of the the proposal made by the representative of Chile and parties on a plan for effecting the demilitarization of that the sub-committee should consist of three metn- the State of Jammu and Kashmir; bers.575 “3. Calls upon the parties to co-operate with the At the 303rd meeting on 24 May, the proposal was United Nations Representative to the fulIest degree not adopted. There were 9 votes in favour and 2 in his efforts to resolve the outstanding points of against (1 vote against being that of a permanent difference between them ; member) .576 At the same meeting, the representative of Argen- “4. Instructs the United Nations Representative tina submitted a draft resolution (S/782) to entrust to report to the Security Council on his efforts, to- gether with his views concerning the problems con- 6’0268thmeeting: pp. 101-102.For considerationof the in- fided to him, not later than six weeks after this clusion of the questionin the agenda,see chapter II, Case32; resolution comes into effect.” on the claim of dotnesticjurisdiction, seechapter XII, Case16. sn268th meeting: pp. 91, 99. By letter dated 18 December 1951, the United Na- MzIn the discussionat the 281st and 288th meetings,the tions Representative transmitted his second report568 representativesof the United States and Belgium referred in similar terms to Article 2 (4) in connexionwith the question in accordance with the resolution. before the Council. See281st meeting: pp. 25-26; 288th meet- ing: p. 18. =S/23?5 and S/2375/Corr.l, O.R., 6th year, SpecialSZ@Pl. 6’,r281stmeeting: pp. 3-4. No. 2, pp. l-38. 6T4281stmeeting: p. 2. For text, seechapter X, Case17. "S/2392. &“288thmeeting: p. 15. W5t6th meeting: p. 19. s”‘303rd meeting: pp. 28-29, For considerationof voting * S/24448,O.R., 7th year, Special Suppl. NO. 1, PP. I-37. procedureand of the relation of Article 34 to the proposal, seS/694, O.R., 3rd year, Suppl. for /an., Feb., Mar. 1948, see chapter IV, Case 49; chapter V, Case 67; chapter X, pp. 31-34. Case17.