27081948 .Letter dated 27 August 1948 from the Chairman of the Commission in reply to the letter and

27081948 .Letter dated 27 August 1948 from the Chairman of the Commission in reply to the letter and

 

memorandum dated 19 August 1948 (S/AC.12/44) from the Minister for Foreign Affairs of Pakistan (S/AC.12/55)

 

27 August 1948

 

On behalf of the United Nations Commission for India and Pakistan, I have the honour to reply to your letter dated 19 August 1948 referring to the letter of the Chairman of the Commission of 13 August 1948, and enclosing a memorandum containing points of inquiry with regard to the Commission's resolution. The Commission, in the memorandum herewith enclosed, meets your requests for further elucidation on the points presented by you.

 

The Commission has noted your observations as to its approach to the question of cease-fire, and appreciates the point of view of the Pakistan Government that an unconditional cease-fire is indeed a desirable step. In fact, the Com mission's activities during its early deliberations were directed along these lines, and earnest consideration was given to the issues involved. Mr. Lozano, Vice-Chairman of the Commission, travelled to Karachi in order to ascertain the points of view of the Government of Pakistan, while other members of the Commission were ascertaining the points of view of the Government of India in New Delhi. The presence of Pakistan troops in the State of Jammu and Kashmir, however, is a material change in the situation as considered by the Security Council in its resolution of 21 April 1948, which creates obstacles to the effective and immediate implementation of an unconditional cease-fire.

 

Once the Commission was apprised of the stipulations of the Government of Pakistan and the Government of India in respect of a ceasefire, it proceeded to draw up fair and equitable proposals which, it was felt, should meet with the approval of both parties. As a link between an unconditional cease-fire and a final settlement, which will necessarily be subject to negotiations, the Commission has recommended a truce agreement as set forth in part II of the resolution. The terms of this truce agreement, and the principles upon which It has been conceived, without jeopardizing immediate cessation of hostilities, intended to create an atmosphere favourable to consultations among the two Governments and the Commission in which a final and peaceful solution might be agreed upon.

 

The Commission sincerely hopes that the Government of Pakistan, as a step towards the satisfactory solution of the situation in the State of Jammu and Kashmir, and in the interest of furthering international peace and security; will find it possible to signify its acceptance of the Commission's resolution of 13 August 1948.

 

(Signed) Josef Korbel

Chairman

 

APPENDIX

 

Reply of the commission to the Pakistan Government's memorandum Regarding points in the Commission's Resolution of 13 August 1948

 

(a) On 18 July 1948, during the interview between Mr. Alfredo Lozano and Sir Mohammed Zafrullah Khan, the latter emphasized that, in submitting the condition that the proposal for a cease-fire order should have the consideration or approval of the Azad Kashmir forces, his only aim was to ensure that their views be taken into account, whether by the appearance of representatives of the "Azad Kashmir" before the Commission or through the Pakistan Government as intermediary.

 

(b) In answer to the questionnaire] placed by the Commission before the Government of Pakistan on 4 August 1948, the Minister for Foreign Affairs stated that "the Pakistan Army is at present responsible for the over-all command...of Azad Kashmir forces."

 

(e) During the expose made by the High Command of the Pakistan Army on 9 August 1948, it was stated that the Azad Kashmir forces were operationally controlled by the Pakistan Army.

 

(d) In view of these assurances, the Commission understands that the Government of Pakistan will ascertain and reflect the position of the Azad authorities in arriving at their decision with regard to the Commission's resolution of 13 August 1948.

 

The expression a final settlement of the situation does not fall short of, nor go beyond the terms of the Security Council resolution of 21 April 1948, and is in harmony with it. The Commission, however, is not committed to a rejection of a peaceful solution which might be agreed upon by the two Governments, provided that such solution reflects the will of the people.

 

The Commission is in no doubt that the observance of the cease fire order will require neutral military observers. These observers will be appointed by the United Nations and will act under the authority of the Commission.

 

The Security Council resolution of 21 April 1948, which sets forth the terms of reference of the Commission, was adopted with cognizance of the presence of Indian troops in the State of Jammu and Kashmir. The presence of Pakistani troops in Jammu and Kashmir, however, constitutes a material change in the situation inasmuch as the Security Council did not contemplate the presence of such troops in that State, nor was it apprised thereof by the Government of Pakistan. The Commission cannot accept the statement in the memorandum that the Commission's description in this respect is "one-sided and inadequate".

 

In drawing up the resolution of 13 August 1948, the Commission did not and could not proceed on the assumption that one or the other party would violate the truce. The implementation of the resolution presupposes good faith and co-operation between the two parties.

 

As the Government of Pakistan is aware, the United Nations does not have at its disposal an international force. The use of a neutral force has not been contemplated by the Commission. However, the Government of Pakistan will have noted that the resolution provides for neutral military observers to be stationed where the Commission deems it necessary. The Commission reaffirms its conviction that good faith and active collaboration on the part of both Governments are essential to the implementation of the resolution. Under the terms of the resolution, the Government of India is bound to assist local authorities in maintaining law and order in areas now occupied by Indian troops; further, the Government of India undertakes to ensure that the Government of the State of Jammu and Kashmir will take all measures within its power to make it publicly known that peace, law, and order will be safeguarded and that all human and political rights will be guaranteed.

 

The Commission is convinced that confidence in the purpose and objectives of the resolution will be promoted by the appeals that the two Governments make to all concerned. for the acceptance of the truce agreement will lead actually to consultation between the two Governments and the Commission to determine fair and equitable conditions whereby the free expression of the will of the people will be assured.

 

Pending the acceptance of the conditions for a final settlement, Indian forces, as provided for in part II, B, 2, will assist local authorities in the maintenance of law and order. Upon acceptance of the truce agreement, withdrawal of elements mentioned in the memorandum will be considered in the implementation of part III and under the provisions of the Security Council's resolution of 21 April 1948.

 

Surveillance of territories of the State of Jammu and Kashmir other than those now occupied by the Pakistan Army and forces under its control is not provided for in the resolution. The administration of such areas remains under the jurisdiction of the Government of the State.

 

A portion of the Indian armed forces will remain in the State of Jammu and Kashmir for the purposes indicated in part II, B, 2 of the resolution.

 

In accordance with part II, B, 1 of the resolution, the Indian Government, when apprised that the Pakistan forces are being withdrawn from the State of Jammu and Kashmir, agrees to begin to withdraw the bulk of its forces from the State in stages to be agreed upon with the Commission.

Synchronization of the withdrawal of the armed forces of the two Governments will be arranged between the respective High Commands and the Commission.

 

The Commission does not contemplate measures of control over forces remaining within the State of Jammu and Kashmir beyond the provisions of the resolution.

 

The Commission has not contemplated the use of forces for the maintenance of law and order other than those envisaged under the terms of its resolution of 13 August 1948. Paragraph B, 3 of part II of the Commission's resolution

 

which relates to the truce agreement, is not intended to deal with the questions raised in paragraphs 11, 12, and 1 of the Security Council's resolution of 21 April 1948. These questions, relating to the plebiscite, will logically arise in the implementation of part III of the Commission's resolution of 13 August 1948.

 

Part III of the Commission's resolution envisages that both Governments reaffirm their desire that the future status. of the State of Jammu and Kashmir be decided in accordance with the will of the people, and that upon the acceptance of the truce agreement, their representatives enter into consultation with the Commission in order to establish the conditions under which the free expression of the will of the people will be assured.