09111948 Second Interim Report of the United Nations Commission for India and Pakistan
09111948 Second Interim Report of the United Nations Commission for India and Pakistan
Rapporteur: Mr. Alfredo Lozano (Colombia).
The Commission's first interim report (S/1100), dated 9 November 1948, accounts for its activities 22 September 1948 when the Commission left the sub-continent for Geneva. It was then felt that the possibilities for further fruitful negotiations on the sub-continent were temporarily exhausted, and that personal contact was desirable with representatives on the Security Council as well as with representatives of the Governments of India and Pakistan who had left for Paris to attend the session of the United Nations General Assembly.
The Commission arrived in Geneva on 25 September 1948, held eighteen meetings, and, after having prepared its first interim report, proceeded to Paris to submit it to the Security Council.
The Commission held twenty-eight meetings in Paris, its first meeting taking place in the UNESCO building on 8 November 1948.
While in Paris, the Chairman and other members of the Commission had numerous individual conversations with the representatives of both Governments, who also, separately, conferred from time to time with the Commission as a whole. In order to open new approaches toward a solution, a basis was sought for an agreement on principles for a plebiscite in the State of Jammu and Kashmir, in furtherance of the objectives of the Commission's resolution of 13 August 1948.
On 19 November 1948, the Chairman of the Commission received an urgent communication from the Foreign Minister for Pakistan, concerning the military situation in the State of Jammu and Kashmir, which was transmitted to the President of the Security Council in a letter dated 22 November 1948 (annex 1), and a copy of which was furnished to the representative of India. The Security Council discussed the matter at its 382nd meeting on 25 November 1948, at which representatives of India and Pakistan explained their positions. On 28 November, the representative of India submitted a letter to the Chairman of the Commission dealing with the matters which had been raised in the communication from the Foreign Minister for Pakistan and discussed at the Security Council meeting of 25 November 1948. This letter was immediately transmitted to the President of the Security Council (annex 2).
In view of the immediate need for an independent source of information upon the military situation in the State of Jammu and Kashmir, the Commission recommended urgently that a military adviser should be appointed, and proceed forthwith to the sub-continent, together with a suitable staff.
The Secretary-General was fortunate in obtaining the services of a Belgian officer, Lieut, General Maurice Delvoie, as Military Adviser. He arrived with a small staff on the subcontinent on 2 January 1949.
The interim report of the Commission was duly presented to the Security Council on 25 November 1948, and the Rapporteur announced that conversations were being pursued between the Commission and the representatives of the two Governments.
The President, in summing up the views of the members of the Security Council, assured the Commission first, that it could count on the Council's full support in the task of bringing about a peaceful settlement; and secondly, that the Council wished to endorse the appeal made by the Commission to the Governments of India and Pakistan to refrain from any action which might aggravate the military and political situation and thus endanger the current negotiations.
The Commission is glad to report that the conversations with the representatives of India and Pakistan continued to proceed favourably. On 22 December 1948 the Commission will be to submit to the representatives of India and Pakistan proposals (annex 3) which it hoped might be found "acceptable in their entirely" to both Governments.
Also, on 11 December, the Commission decided that Mr. Lozano (Colombia) and his alternate, Mr. Samper, should travel to the sub-continent to provide the two Governments with any necessary explanation of the Commission's proposals. Mr. Colban, the personal representative of the Secretary General, and a small staff were to accompany the Colombian representative.
On the basis of understandings reached in conversations held at New Delhi and Karachi between the representatives of the two Governments and Mr. Lozano, the Governments of India and Pakistan signified their acceptance of the Commission's proposals of 11 December 1948 in communications dated 23 December and 25 December respectively (annexes 4 and 5).
While Mr. Colban remained on the sub-continent to await the return of the Commission, Mr. Lozano left for Lake Success where, on 5 and 6 January 1949, he reported the results of his mission.
On 1 January 1949, the Governments of India and Pakistan declared that, in view of the fact that the proposals of the United Nations Commission for India and Pakistan had been accepted, there remained no reason for continuation of hostilities. Both Governments announced their agreement to order a cease-fire effective one minute before midnight, 1 January 1949, publicly expressing the hope that this decision may bring to the people of Jammu and Kashmir lasting peace and to the peoples of Pakistan and India a sense of closer friendship.
The Commission reconvened at Lake Success at 3 p.m. on 5 January 1949 with the principal objectives of formulating a resolution embodying the Commission's proposals, discussing its future work and movements, and submitting a further report to the Security Council. At its meeting on 5 January, the Commission adopted a resolution, the text of which follows:
"The United Nations Commission for India and Pakistan,
"Having received from the Governments of India and Pakistan, in communications dated 23 December and 25 December 1948, respectively, their acceptance of the following principles which are supplementary to the Commission's resolution on 13 August 1948: "The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite;
"A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in parts I and II of the Commission's resolution of 13 August 1948 have been carried out and arrangements for the plebiscite have been completed;
"(a) The Secretary-General of the United Nations will, in agreement with the Commission, nominate a Plebiscite Administrator who shall be a personality of high international standing and commanding general confidence. He will be formally appointed to office by the Government of Jammu and Kashmir.
"(b) The Plebiscite Administrator shall derive from the State of Jammu and Kashmir the powers he considers necessary for organizing and conducting the plebiscite and for ensuring the freedom and impartiality of the plebiscite.
"(c) The Plebiscite Administrator shall have authority to appoint such staff of assistants and observers as he may require
"(a) After implementation of parts I and II of the Commission's resolution of 13 August 1948, and when the Commission is satisfied that peaceful conditions have been restored in the State, the Commission and the Plebiscite Administrator will determine, in consultation with the Government of India, the final disposal of Indian and State armed forces, such disposal to be with due regard to the security of the State and the freedom of the plebiscite.
"(b) As regards the territory referred to in A.2 of part II of the resolution of 13 August, final disposal of the armed forces in that territory will be determined by the Commission and the Plebiscite Administrator in Consultation with the local authorities.
"All civil and military authorities within the State and the principal political elements of the State will be required to cooperate with the Plebiscite Administrator in the preparation for and the holding of the plebiscite.
"(a) All citizens of the State who have left it on account of the disturbances will be invited and be free to return and to exercise all their rights as such citizens. For the purpose of facilitating repatriation there shall be appointed two Commissions, one composed of nominees of India and the other of nominees of Pakistan. The Commissions shall operate under the direction of the Plebiscite Administrator. The Governments of India and Pakistan and all authorities within the State of Jammu and Kashmir will collaborate with the Plebiscite Administrator in putting this provision into effect. "(b) All persons (other than citizens of the State) who on or since 15 August 1947 have entered it for other than lawful purpose, shall be required to leave the State.
"All authorities within the State of Jammu and Kashmir will undertake to ensure, in collaboration with the Plebiscite Administrator, that :
"(a) There is no threat, coercion or intimidation, bribery or other undue influence on the voters in the plebiscite; "
(b) No restrictions are placed on legitimate political activity throughout the State. All subjects of the State, regardless of creed, caste or party, shall be safe and free in expressing their views and in voting on the question of the accession of the State to India or Pakistan. There shall be freedom of the Press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit;
(c) All political prisoners are released;
(d) Minorities in all parts of the State are accorded adequate protection; and
(e) There is no victimization.
The Plebiscite Administrator may refer to the United Nations Commission for India and Pakistan problems on which he may require assistance, and the Commission may in its discretion call upon the Plebiscite Administrator to carry out on its behalf any of the responsibilities with which it has been entrusted;
At the conclusion of the plebiscite, the Plebiscite Administrator shall report the result thereof to the Commission and to the Government of Jammu and Kashmir. The Commission shall then certify to the Security Council whether The plebiscite has or has not been free and impartial; Upon the signature of the truce agreement, the details of the foregoing proposals will be elaborated in the consultations envisaged in part III of the Commission's resolution of 13 August 1948. The Plebiscite Administrator will be fully associated in these consultations;
"Commends the Governments of India and Pakistan for their prompt action in ordering a cease fire to take effect from one minute before midnight of 1 January 1949, pursuant to the agreement arrived at as provided for by the Commission's resolution of 13 August 1948; and
"Resolves to return the immediate future to the sub continent to discharge the responsibilities imposed upon it by the resolution of 13 August 1948 and by the foregoing principles."
The Commission also drafted a communique for the Press to be released for publication in the morning papers on Friday, 7 January 1949 (annex 6). The texts of the resolution and the communique were transmitted to the Governments of India and Pakistan, so that release in those countries and at Lake Success might be simultaneous.
In order to enable the Military Adviser to report to the Commission on the observance of the cease-fire and the truce agreement, the Commission requested the Secretary-General of the United Nations to provide for the designation of an adequate number of military observers. It is hoped that some or all of these observers will have arrived on the scene by the end of January.
Under the Commission's proposals, an Administrator will be nominated by the Secretary-General of the United Nations in agreement with the Commission, and he will be formally appointed to office by the Government of the State of Jammu and Kashmir. It is important that a personality of high international standing, commanding general confidence, be nominated in the near future, so that work essential to actual preparation for the plebiscite may be commenced when required. The Plebiscite Administrator will undertake his duties within the State when it is found by the Commission that the cease-fire and truce arrangements set forth in parts I and II of the resolution of 13 August 1948 have been carried out,
The Commission plans to return to the sub-continent as soon as practicable, and in any event before the end of January, there to carry out its responsibilities with reference to the cease-fire and truce agreement and the elaboration of the plebiscite proposals. The Commission will continue to report regularity to the Security Council, submitting its further proposals and conclusions.
(Signed) Carlos A. Leguizamon (Argentina) Harry Graeffe (Belgium) Alfredo Lozano (Colombia) Josef Korbel (Czechoslovakia) J. Klahr Huddle (United States
of America)
APPENDIX A
Chairmen of the Commission
(1 October 1948 to 15 January 1949)
Term Member State and representative
1 to 21 October 1948 Argentina
22 October to H. E. Minister
11 November 1948 Ricardo J. Siri
12 November to Belgium
2 December 1948 H. E. Ambassador
3 to 13 December Graeffe
1948 and Colombia H. E. Minister
5 to 15 Alfredo Lozano
January 1949 Czechoslovakia H. E. Ambassador Josef Korbel
APPENDIX B
Calendar of the Activities of The Commission.
(25 September 1948 to 8 January 1949)
September
25
30 Geneva October 63rd meeting
4 Geneva 64th meeting
5 Geneva 65th meeting
6 Geneva 66th meeting
7 Geneva 67th meeting
8 Geneva 68th meeting
9 Geneva 69th meeting
11 Geneva 70th meeting
12 Geneva 71st meeting
13 Geneva 72nd meeting
14 Geneva 73rd meeting
15 Geneva 74rd meeting
16 Geneva 75th meeting
18 Geneva 76th meeting
19 Geneva 77th meeting
20 Geneva 78th meeting
21 Geneva 79th meeting
22 Geneva 80th meeting
November
8 Paris 81st meeting Information conversation of chairman with
9 Paris 82 nd meeting
12 Paris 83 rd meeting
15 Paris 84 th meeting
16 Paris 85 th meeting Informal meeting with Pakistani Foreign Minister
17 Paris 86 th meeting
18 Paris 87 th meeting
88 th meeting
19 Paris 89 th meeting Pakistani Forigien Minister present
90 th meeting
20 Paris 91 st meeting
22 Paris 92 nd meeting
24 Paris 93 rd meeting
25 Paris Chairman attends 382 nd meeting of Security Council for discussion
Of India -Pakistan Question
27 Paris 94 th meeting Informal meeting with Pakistani Foreign Minister
29 Paris 95 th meeting Informal meeting with representative of India
96 th meeting Informal meeting with Pakistani Foreign Minister
30 Paris 97 th meeting
December
1 Paris 98 th meeting
99 meeting
2 Paris 100 th meeting
101 st meeting
4 Paris Military Adviser appointed
6 paris 102 nd meeting
8 Paris 103 rd meeting
10 Paris 104 th meeting
Pakistani Foreign Minister Present
105 th meeting
Representative of India Present
11 Paris 106 th meeting
107 th meeting
Proposals regarding plebiscite communicated to representative of India and Pakistan
13 Paris 108 th meeting
- Paris Representative of Colombia and party proceed to sub-continent .. Chairman proceeds to Lake Success
- New Delhi Discussion of Representative of Colombia and Prime Minister of . India
22 New Delhi Discussion of Representative of Colombia and Prime Minister of
India
- Discussion of Representative of Colombia and Pakistani . . . Foreign Minister
- karachi Discussion of Representative of Colombia and Pakistani . . . Foreign Minister
30 Paris Military Adviser proceeds to sub-continent
January 1949
1 New Delhi Cease - fire orders issued by
Karachi India and Pakistan
5 Lake Success 109 th meeting
6 Lake Success 110 th meeting
111 th meeting
8 Lake Success 112 th meeting
113 th meeting