16071952--254 Text of the revised draft proposals of 16 July 1952 for an agreement on demilitarization presented by the United Nations Representative for discussion at the meeting of representatives of the Governments of India and Pakistan
16071952--254 Text of the revised draft proposals of 16 July 1952 for an agreement on demilitarization presented by the United Nations Representative for discussion at the meeting of representatives of the Governments of India and Pakistan
The Governments of India and Pakistan
1. Reaffirm their determination not to resort to forces and to adhere to peaceful procedures and specifically pledge themselves that they will not commit aggression or make war, the one against the other, with regard to the question of Jammu and Kashmir;
2. Agree that each Government, on its part, will instruct its official spokesmen and will urge all its citizens, organizations, publications and radio stations not to make warlike statements or statements calculated to incite the people of either nation to make war against the other with regard to the question of Jammu and Kashmir;
3. Reaffirm their will to observe the cease-fire effective from 1 January 1949 and the Karachi Agreement of 27 July 1949;
4. Reaffirm their acceptance of the principle that 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 under the auspices of the United Nations;
5. Agree that subject to the provisions of paragraph 11 below the demilitarization of the State of Jammu and Kashmir contemplated in the UNCIP resolutions of 13 August 1948 and 5 January 1949 shall be effected in a single, continuous process;
6. Agree that this process of demilitarization shall be completed during a period of 90 days, starting from the date of the entrance into effect of this agreement, unless another period is decided upon by the representatives of the Indian and Pakistan Governments referred to in paragraph 9 below;
7. Agree that the demilitarization shall be carried out in such a way that at the end of the period referred to in paragraph 6 above the situation will be:
(a) On the Pakistan side of the cease-fire line:
(i) The tribesmen and Pakistan nationals not normally resident therein who had entered the State for the purpose of fighting will have been withdrawn;
(ii) The Pakistan troops will have been withdrawn from the State;
(iii) Large-scale disbandment and disarmament of the Azad Kashmir forces will have taken place; so that at the end of the period of demilitarization there shall be an armed force of... [The United Nations Representative suggests, as a basis for discussion, figures ranging from 3,000 to 6,000].
(iv) The remaining Azad Kashmir forces will have been separated from the administrative and operational control of the Pakistan High Command and will be offered by neutral and local officers under the surveillance of the United Nations.
(b) On the Indian side of the cease-fire line:
(i) The bulk of the Indian forces in the State will have been withdrawn;
(ii) Further withdrawals or reductions, as the case may be, of the Indian and State armed forces remaining in the State after the completion of the operation referred to in sub-paragraph (b) (i) above will have been carried out; so that at the end of the period of demilitarization there shall be an Indian Army force of... [The United Nations Representative suggests, as a basis for discussion, figures ranging from 12,000 to 18,000].
8. Agree that the demilitarization shall be carried out in such a way as to involve no threat to the cease-fire agreement either during or after the period referred to in paragraph 6 above;
9. Agree that representatives of the Indian and Pakistan Governments, assisted by their military advisers, will meet, under the auspices of the United Nations, to draw up a programme of demilitarization in accordance with the provisions of paragraphs 5, 6, 7 and 8 above. The first meeting shall take place within eight days after the entrance. into effect of this agreement;
10. Agree that the Government of India shall cause the Plebiscite Administrator to be formally appointed to office not later than the final day of the demilitarization period referred to in paragraph 6 above;
11. Agree that
(a) The determination of the final disposal of the remainder of the Indian and State armed forces left at the end of the period of demilitarization after the provisions of paragraph 7 have been fulfilled, and when the United Nations Representative is satisfied that peaceful conditions have been restored in the State, will be made by the United Nations Representative and the Plebiscite Administrator in consultation with the Government of India, with due regard to the security of the State and the freedom of the plebiscite.
(b) The determination of the final disposal of the remainder of the Azad Kashmir forces left after provisions of paragraph 7 have been fulfilled will be made by the United Nations Representative and the Plebiscite Administrator in consultation with the local authorities.
12. Agree that any differences regarding the programme of demilitarization contemplated in paragraph 9 above will be referred to the Military Adviser of the United Nations Representative, and, if disagreement continues, to the United. Nations Representative, whose decision shall be final.
Additional clause
This Truce Agreement shall enter into effect upon its signature by representatives of the two Governments.