07091951--185 Text of the Letter dated 7 September 1951 addressed to the Prime Ministers of India and Pakistan from the United Nations Representative for India and Pakistan Mr. Frank P. Graham regarding proposals for an agreement (UN Document No. S/2017/Rev-1)
07091951--185 Text of the Letter dated 7 September 1951 addressed to the Prime Ministers of India and Pakistan from the United Nations Representative for India and Pakistan Mr. Frank P. Graham regarding proposals for an agreement (UN Document No. S/2017/Rev-1)
As United Nations Representative for India and Pakistan appointed by the Security Council under the terms of its resolution of 30 March 1951, I have been trying during the past two months to ascertain the points of view of your Government and the Government of... in carrying out the demilitarization of the State of Jammu and Kashmir on the basis of the UNCIP resolutions of 13 August 1948 and 5 January 1949
Both Governments have sent me communications which have been of great value for my understanding of their approach to the problems which have arisen in the implementation of the already agreed resolutions of 13 August 1948 and 5 January 1949.
After most careful thought I have come to the conclusion that a compromise could be framed in such a way as to enable the Government of India and Pakistan to implement their commitments under the above-mentioned UNCIP resolutions, and to create an atmosphere of goodwill and understanding between the two countries for the settlement of the question.
In view of the above, and to facilitate an opportunity to both Governments to draw up a plan of demilitarization, I have the honour to request your Government and the Government of ... to consider the following proposals for an agreement:
The Governments of India and Pakistan:
1. Reaffirm their determination not to resort to force 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 ninety days, 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; and
(iii) Large-scale disbandment and disarmament of the
Azad Kashmir forces will have taken place.
(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 referred to in paragraph 6 above there will remain on the present Pakistan side of the cease-fire line a force of... civil armed forces, and on the Indian side of the cease-fire line a force of ...; (It is requested that the blank spaces be filled in by your Government.)
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;
10. Agree that the Government of India shall cause the Plebiscite Administrator to be formally appointed to office later than the final day of the demilitarization period
referred to in paragraph 6 above;
11. Agree that the completion of the programme of demilitarization referred to in paragraph 9 above will be without prejudice to the functions and responsibilities of the United Nations Representative and the Plebiscite Administrator with regard to the final disposal of forces as set forth in sub paragraph 4 (a) and (b) of the 5 January 1949 resolution;
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.
1 should be grateful if you would give me:
(a) Your comments on each separate paragraph, and your suggestions, and
(b) Your detailed plans for carrying out the demilitarization of the State of Jammu and Kashmir under the UNCIP resolutions of 13 August 1948 and 5 January 1949.
Considering the time that has elapsed since my arrival on the sub-continent and taking into account my terms of reference, I sincerely hope that your Government will understand that I am anxious to receive your written reply as soon as possible.
(Signed) Frank P. Graham
United Nations Representative
for India and Pakistan