17021949 Text of the Letter dated 17 February 1949 from the Acting Chairman of the Commission Mr. Robert B. Macatee to the Secretary-General, Ministry of External Affairs and Commonwealth Relations, Government of India (UN Document No. S/AC.12/129)

17021949 Text of the Letter dated 17 February 1949 from the Acting Chairman of the Commission Mr. Robert B. Macatee to the Secretary-General, Ministry of External Affairs and Commonwealth Relations, Government of India (UN Document No. S/AC.12/129)

I have the pleasure to refer to the conversation which Mr. Lozano and I had with you on the afternoon of 15 February. I have brought to the attention of the Commission the point raised by you with respect to a communique issued on 16 January by the Government of Pakistan dealing, in part, with an interpretation of the views of the Commission regarding the meaning of the term "surveillance" as used in its resolution of 13 August 1948, and based, apparently, on oral elucidations offered by the then Chairman.

The Commission has been careful to avoid any possible misunderstandings arising from oral elucidations, and has, therefore, maintained that it is bound only by its official correspondence with the Government of India and the Government of Pakistan and by agreed versions of conversations which appear in aide-memoire. the form of memoranda and aide-memoire.

The main concern of the Commission at the time when its resolution of 13 August was under discussion, was focused on the cease-fire and the faithful observance of the truce. The Commission did not at that stage make specific provisions governing part III of its resolution, then undefined. It did, however, take into account the continuing need for surveillance during the period following the signing of the truce agreement. The Commission's intention to extend the surveillance in the territory evacuated by the Pakistan Army to the interval between the signing of the truce agreement and a final settlement of the problem is evidenced in part II A. 3 of its resolution, which states that surveillance will apply "pending a final solution...."

It has been agreed by the Government of India and the Government of Pakistan, supplementary to part III of the resolution of 13 August 1948, that the final status of the State of Jammu and Kashmir will be determined through the democratic method of a free and impartial plebiscite. Although the Commission has not, as yet, had an opportunity to consider in detail the extent and scope of the term "surveillance", it fully recognizes that the principles relating to the organization and holding of the plebiscite must be given full effect. The Commission therefore attaches great importance to the conditions set forth in points 5, 6 and 7 of its resolution of 5 January, and will use its best endeavours to see that these conditions are respected and guaranteed.

A copy of this letter is being forwarded to the Government of Pakistan for its information.

(Signed) Robert B. Macatee Acting Chairman