Proposal of 4 September 1952 of the United Nations Representative based upon his twelve points

274 Proposal of 4 September 1952 of the United Nations Representative based upon his twelve points

The Governments of India and Pakistan

[The texts of paragraphs 1 to 6 inclusive are the same as those set forth in annex 3].

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Pakistan nationals not normally resident therein who had entered the State for the purpose of fighting will have been withdrawn;

(ii) The Pakistan troops will have been withdrawn from the State; and

(iii) Large-scale disbanding and disarmament of the Azad Kashmir forces will have taken place; so that at the end of the period of demilitarization there shall be the minimum number of forces that are required for the maintenance of law and order and of the cease-fire agreement, with due regard to the freedom of the plebiscite.

(b) On the Indian side of the cease-fire line:

(i) The bulk of the Indian forces in the State will have been withdrawn; and

(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 the minimum number of Indian forces and State armed forces that are required for the maintenance of law and order and of the cease-fire agreement, with due regard to the security of the State and the freedom of the plebiscite.

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;

Agree that, pending a final solution, the territory. evacuated by the Pakistan troops will be administered by the local authorities under the surveillance of the United Nations;

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;

Agree that arrangements for the plebiscite shall be completed after the United Nations Representative declares that he is satisfied that peaceful conditions have been restored in the State;

Agree that any differences regarding the programme of demilitarization contemplated in the provisional clause will be referred to the Military Adviser of the United Nations Representative, and, if disagreement continues, to the United Nations Representative, whose decisions shall be final.

Provisional clause

This agreement shall enter into effect when the Governments of India and Pakistan have approved a programme of demilitarization in conformity with paragraphs 5, 6, 7 and 8 above, the draft of such programme to be drawn up in meetings between the representatives of the Governments of India and of Pakistan assisted by their Military Advisers under the auspices of the United Nations. The first meeting shall take place within two weeks after the signature of the above agreement.