25121948 .Communications Dated 25 December 1948, from the Government of Pakistan Addressed to Mr. Alfredo Lozano, Representative, United Nations Commission for India and Pakistan

 

25121948 .Communications Dated 25 December 1948, from the Government of Pakistan Addressed to Mr. Alfredo Lozano, Representative, United Nations Commission for India and Pakistan

 

Communication (1)

 

Karachi, 25 December 1948

 

I have the honour to refer to Mr. Korbel's letter of 11 December, enclosing the Commission's proposals in amplification of its resolution of 13 August. These proposals, together with the memorandum embodying the clarifications furnished by you, the text of which was confirmed in your letter of this afternoon, have been carefully considered by the Pakistani Government. The points of the Pakistani Government with regard to the basic principles for a plebiscite, and the conditions which would ensure its freedom and impartiality, have been explained to the Commission, and have been summarized in my letters of 28 November and 5 December 1948.

 

It will be appreciated that the Commission's present proposals, as clarified and elucidated by you, are very short of what the Pakistani Government considers necessary for ensuring a free and impartial plebiscite. The Pakistani Government notes, however, that the Commission seeks to achieve this result mainly through investing the Plebiscite Administrator with all the powers he considers necessary for organizing and conducting the plebiscite and for ensuring its freedom and impartiality.

 

In order to ensure that the proposals under consideration should achieve the objective for which they are designed, it is imperative that the Plebiscite Administrator should be a person of the highest international standing and unquestionable integrity. The Pakistani Government trusts that the Commission and the Secretary-General of the United Nations will nominate a person competent in every respect adequately to discharge the heavy responsibility that would be laid upon him under the Commission's proposals.

 

While these proposals contain features which Pakistani Government cannot regard as satisfactory the or adequate, yet in their keen desire in the present world situation to assist in the maintenance and promotion of international peace and security by bringing about a peaceful solution to the Kashmir dispute, they have authorized me to inform you that they accept the Commission's proposals of 11 December, as explained and elucidated by you.

 

(Signed) Zafrullah Khan Minister for Foreign Affairs and Commonwealth Relations,

Government of Pakistan

 

Communication (2)

 

Karachi, 25 December 1948

 

As agreed at this afternoon's meeting, I enclose a memorandum embodying the clarification given by you of the Commission's proposals of 11 December 1948. I shall be grateful if you will kindly confirm the correctness of this record.

 

(Signed) Zafrullah Khan Minister for Foreign Affairs and Commonwealth Relations, Government of Pakistan .

 

Memorandum embodying the clarifications given by Mr. A. Lozano of the Commission's proposals of 11 December 1948.

 

General

 

The proposal's represent the considered views of the Commission in so far as the organization and conduct of the plebiscite is concerned, and should be accepted in their entirety. While the commission does not close the door to further changes, and is not unwilling to consider counter-proposals, no modifications or additions to these proposals can be entertained unless they are acceptable to the Commission and to the Governments of India and Pakistan.

 

Clause A

 

The Commission's resolution of 13 August 1948 will be interpreted in the light of the elucidations and clarifications given by the Commission,

 

Clause B.3(a)

 

(i) The Plebiscite Administrator will be selected as soon as possible after the acceptance of these proposals. (ii) The Plebiscite Administrator will be selected in consultation with the Governments of India and Pakistan, but the final decision will rest with the Secretary-General of the United Nations in agreement with the Commission.

 

(iii) The expression "the Plebiscite Administrator... will be formally appointed to office by the Government of Jammu and Kashmir" does not mean that he will be an employee of the Government of Jammu and Kashmir, or subject to its control.

 

Clause B. 3(b)

 

By the expression "the Plebiscite Administrator shall derive from the State of Jammu and Kashmir the powers he considers necessary", is meant that the Plebiscite Administrator will be competent to exercise such powers as he considers necessary for organizing and conducting the plebiscite and for ensuring its freedom and impartiality, and he shall be deemed to have derived those powers from the authorities concerned. The organizing and conducting of the plebiscite will be the responsibility exclusively of the Plebiscite Administrator.

 

Clause B.4

 

(i) For "A.2" of part II of the resolution of 13 August

 

in sub-clause B.4(b) read "A.3." (ii) The intention of the Commission is to ensure a large-scale reduction and disarmament, the exact scope of which will be determined by the Commission and the Plebiscite Administrator in consultation with the authorities concerned.

 

Clause B.6(a)

 

(i) The objective of the Commission is to enable all citizens of the State who have left it on account of the disturbances since 15 August 1947 to return to the State and to exercise all their rights as citizens of the State. The manner in which this operation will be carried out has not been examined by the Commission, and is a matter for determination by the Plebiscite Administrator in consultation with the Governments of India and Pakistan.

 

(ii) The proposals provide for two commissions, one operating in India and the other in Pakistan. The Commission has not, however, entered into a detailed study of the manner in which these commissions will operate and considers that it must be left to the discretion of the Plebiscite Administrator to adopt such other practical methods as may be necessary to give effect to the intentions of the Commission.

 

Clause B.6(b)

 

The object of this provision is to ensure the withdrawal of elements which have endangered or might endanger the maintenance of peace and order and or refugees and other nationals of India and Pakistan who have entered the State since 15 August 1947, other than for a lawful purpose. The manner in which this objective will be achieved will be determined by the Plebiscite Administrator in consultation with the Governments of India and Pakistan.

 

Clause B.7

 

The review of cases of officials dismissed on account of their political sympathies is not excluded from the scope of clause 7. The Commission, however, feels that this is a matter of detail, and should be taken up in connexion with the consultations envisaged in clause B.10 of these proposals.

 

Clause B.10

 

(i) The Plebiscite Administrator will begin his study of the problem and the recruiting of his staff as soon as possible after his nomination.

 

(ii) The discussion of details of these proposals will not, however, be started until the truce agreement has been signed, and the Commission is satisfied that implementation of part II of its resolution of 13 August is making satisfactory progress.

 

(iii) The formal appointment of the Plebiscite Administrator will be made, and he shall assume formal change of 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 its resolution of 13 August have been carried out.