UNITED NATIONS

S/2017 SECURITY 21 February 1951 COUNCIL ‘ ORIGIXAL: RNGLISE

Ihvin~: leoei-md and noteti the report'of.Slr Owen Dixon, the Repreeentative for and Pakietan, on-hi8 mission initiated by the Security Council resoj.ution of.14 March 1950; Observing thet the Govwnments of India and' Pakietan have accepted the provision8 nf the United Nation& Ccemisslon for India and resolution Of 13 Au&ust 1$8 acid 5 SWU%~ 1949 a’id df the Security Council resolution of 14 March 1W;'and have r&affirmed their desire that the' future of the State of Japlmu anri shall be deoided throwh the demooratio method of a free and impartial plebiscite oonducted under the auspices of the United Natianei Observing that on 27 October ISO the General council of the "All Jarrmu and Kaehmlr P!ational Conferenoe" aLopted a'resolutlon reacmmending the convening of a Cor?stltuent Assembly for the purpose of det,erminS the "future shape and affiliatione of the State of Jammu'an& Kashmir"'* , observing further from statements of responsible authoritiee that action is proposed to convene rruch a Constituent Asoerlb3.y and that the area from which euch'a Constituent Aosembly would be'elected' is only a ;ro.rt of the whole territory of Jammu and Kashmir; Ztmiii6~3ig the ikwei-imjiiia i%i&~ukh~fititje ~fXitjeif& ol^ t&e pri~~ipie L$@&C&~C+& in the Security Counoil resolutions of 21ApH.l 1948, 3 June 1948 and 14 March 1950 and the United Nations Commission for Ind.ia and Pakietan resolutions of 13 August 1946 an6 5 January 1949, that the final. disposition of the State of Jammu and Kashmir will be made In accordance with the will of the people expressed through the democratlo method of a free and Impartial plebiscite conducted under I. the au~plcee of the United Nations; Affirmm that the convening of a Constituent Assemb3.y as recommended by the General Council of the nAll. Jammu and &&nir National Conference", end any action that Acsembly might attempt to take to determine the future shape and affiliation

;lof the entire s/2017 s/2017 P&&32 of the entire State or any part thereof would not constitute a disposi,tiOn of the State in accordance with the above principle; Deolaring its belief that it is the duty of the Security Council in carrying cut its primary responsibility for the maintenance of international peace au,d se~:~arlty to e5d. the parties to reach an amicable solution of the Eash~6r dispute ~xI that -a prompt settlement of this dispute is of vital importance to the mint:en%W-e of international pea09 and security; Observing from Sir Gwen Dixon's report that the main points of difference preventing agreement between the parties were: (a) the procedure for and the extent of demilitarization of the State prepratory to the ho3.&1g of a plebiscite, and . : (bj the dearee of eontirol over the exercise of the..funotions .of governs&t in the State neceseary.. to ensure a free and fair plebieoite. TIB SECURITY COUNCIL 1. Accede.-,,-* in compliance with his repueet, Sir,Gwen.Dixon'e resignationand expresses1-w its &atitude to Sir Gwen for the great ability and devotion with which he carried out his &&n; 2, w-.-wDecides ti appoint a United Nations Representative for India and Pakietan in succession to Sir Gwen Dixon; 3. -A-I&t-u&e th& United Nations..I_ Repreientative, after consultation with the Govern&% of'fndia and Pakistan with regard to their differences referred to, in the preamble to this resolution; (1) ta ef?ect the demilitarization of the State of Jammu and Kashmir on the basis of the demilitarization proposals made by Sir Owen Dixon as described in his report, with any modifications which the United Nations Representative deems :advisable; . {ii) to iresent to the Governments of India and Pakistan.: detailed plans.. for carrying! out a plebiscite in the State of Jammu and Kashmir, fAtId to obtairi agreement of'those Governments to such plans in order to ~ivo effect to their existing comm;tme,nt that the future of the State shall be decided through the democratic method of a.. I" free end impartial plebiscite conducted under United Natione :. ., Wspices; and to proceed to the subcontinent for theee purposes;

4. Authorizea S/2017 mw 3

4. Authorizes-.. -- - the United Nations Representative to take into account in hi6 disour,aLona with the two Governments and in coneidering the arran&ements for demillsnrization and for the holding of the plebiscite: ii) tha report of Slr Owen Dixon; iiij the poflsibility that any forces required for the purpose of faoiljtating demilitarization and the holding of the plebiscite mit;ht be provided from Member States of the United Nations or raised looslly; (iii) the possibility that, although the future accession of the State should be deairled by the majority of vote6 caet in a state-xi&

plebiscite, this sk~ld not preclude, provided that due aCCOW& i0 taker of CeoSraphioal and economic conf3iderationa, subsequent boundary ad@&nents in area6 contiguous to the frontier of India or Pekictan in which th6 vote is overwhelmin& in favour of the '$rty with a minority of the votes in the state-wide plebiscite. (iv) the Rossibility that, while supervision will be required over the exercise >f the functions of government in the State of Jammu end KasLmir, different degrees of 6u& sug@rviaion may be appropriate for different areas; 5. --Calls uuon t* parties to co-operate with the United Natione Representative to the fu.lTest deqree in effecting the demilitarization of the State of,Jemmu and K&si?mirand in agreeing upon a plan for a plebieoite therein; 6. InstructR the United Nation% Representative to report to the Soourity Council with euch findings and recommendations as he deemsneceseary when he conoiders that detailed arrangementa for the holding of a plebiscite may be put into effect, or in any case within three months from the date of his appointment; 7. Ccd3.sWon the parties, in the event of their discus6ion6 with the United

Nations ReRrecentative fail&g in hi6 opinion to result in full agreement, to accept arbitration upon all outetanding Roints of difference, such arbitration to be carried out by an arbitrator, or a panel of arbitrators, to be appointed by the International Court of Justice in CanSultation with the parties; a. I%cides that the Military Observer Group shall continue to superviee the #ease-fire in the State;

9. Requet3ta 9. ~$auents” . ..-.e the GovemenL,s of Inaia ma Pakietan to eneure that their amemen$ rcvywciil~g t,ho cease-fire shsll oontkue to be faithf-dly observea and Y--vca1l.o ups tham to t4.e a31 possible measures to ensure the creation and maintene3oe of an

~t:;lor,$.eI-b favcwable to the promotlon of further negotiations and to refrain Cxn 9'~ sc%ion l.ikely to prejudice a just end peaceful settlement, io , m...-.-E+ril:!~%e -_-.a 3x1 Secretzry-General to provide the United Natiaxs Re&weae,?tative fc;r India and Ytxki&w with such services and facilities as may be necosoary in oarzyiq; cut the terms of this resolutfon,