15041949--43 Text of the Letters dated 15 April 1949 from the Chairman of the Commission Mr. Lozano addressed to the Minister for Kashmir Affairs, Government of Pakistan, and to the Secretary-General, Ministry of External Affairs, Government of India, annexing the proposals on the implementation of part II of the Commission s resolution of 13 August 1948 (UN Document No. S/AC.12/177
15041949--43 Text of the Letters dated 15 April 1949 from the Chairman of the Commission Mr. Lozano addressed to the Minister for Kashmir Affairs, Government of Pakistan, and to the Secretary-General, Ministry of External Affairs, Government of India, annexing the proposals on the implementation of part II of the Commission's resolution of 13 August 1948 (UN Document No. S/AC.12/177)
The Commission has considered the developments which have taken place since it last addressed itself formally to both Governments with regard to the implementation of part II of its resolution of 13 August 1948. It has considered the viewpoints of both Governments and it has been studying the steps which have been and might be taken in connection with the further implementation of the resolution of the Commission.
In the light of all the above factors, and in order to facilitate the restoration of peace in the State of Jammu and Kashmir and the holding of an early plebiscite the Commission has decided to urge formally upon both Governments agreement upon the proposals contained in the enclosed documents.
The Commission considers that these proposals represent an adjustment of viewpoints within the framework of and consistent with the spirit of the commitments already entered into, It is also convinced that in accepting these proposals, both Government will have taken a further important forward step towards the attainment of the objective which animates both of them, as well as the Commission-the prompt and peaceful solution of the problem of the State of Jammu and Kashmir through a free and impartial plebiscite.
The Commission requests that the Government of Pakistan signify its agreement on these proposals as soon as possible, and it hopes to be in possession of the agreement. within three days, so that the Commission may then determine. its future course of action.
(Signed) Alfredo Lozano
Chairman
The Honourable Mr. M.A. Gurmani
Minister for Kashmir Affairs
Government of Pakistan
Rawalpindi
The Commission has considered developments which have taken place since it last addressed itself formally to both Governments with regard to the implementation of part II of its resolution of 13 August 1948. It has considered the viewpoints of both Governments and it has been studying the steps which have been and might be taken in connection with the further implementation of the resolution of the Commission.
In the light of all the above factors, and in order to facilitate the restoration of peace in the State of Jammu and Kashmir and the holding of an early plebiscite, the Commission has decided to urge formally upon both Governments agreement upon the proposals contained in the enclosed documents,
The Commission considers that these proposals represent an adjustment of viewpoints within the framework of and consistent with the spirit of the commitments already entered into. It is also convinced that in accepting these proposals, both Governments will have taken a further important forward step towards the attainment of the objective which animates both of them, as well as the Commission-the prompt and peaceful solution of the problem of the State of Jammu and Kashmir through a free and impartial plebiscite.
With reference to point B. 1 of the enclosed proposals, the Commission submits the following plan for the withdrawal of the bulk of the Indian troops from the territory of the State of Jammu and Kashmir:
(At the request of the Government of India the schedule for the withdrawal of troops is not reproduced here.).
The Commission requests that the Government of India. signify its agreement on these proposals as soon as possible, and it hopes to be in possession of the agreement within three days, so that the Commission may then determine its future course of action.
(Signed) Alfredo Lozano
Chairman
Sir Girja Shankar Bajpai Secretary-General
Ministry of External Affairs Government of India
New Delhi
APPENDIX
Proposals presented to the Governments of India and Pakistan on the implementation of part II of the Commission's resolution of 13 August 1948.
The Government of Pakistan agrees with the Commission that:
A. 1. The Pakistan troops will immediately begin to withdraw from the territory of the State of Jammu and Kashmir as follows:
(a) During the first three weeks twenty infantry battalions, plus the corresponding proportion of artillery and supporting units will be withdrawn.
(b) During the following fortnight the remainder of the Pakistan troops will be withdrawn with the exception of eight infantry battalions.
(c) By the end of the seventh week, the total of the Pakistan troops, including their ammunition, stores and material, will have left the territory of the State.
2. The Government of Pakistan having secured the withdrawal from the territory of the State of Jammu and Kashmir of the tribesmen, shall secure the withdrawal of any of the Pakistan nationals still in the territory of the State and not normally resident therein who have entered the State for the purpose of fighting.
3. The territory evacuated by the Pakistan troops will be administered by the local authorities under the surveillance of the Commission and without prejudice to the sovereignty of the State.
The Government of India agrees with the Commission that:
B. 1. As soon as the Commission shall have notified the Government of India that the tribesmen and the Pakistan nationals not normally resident in Jammu and Kashmir territory, who have entered the State for the purpose of fighting, have withdrawn, and that the Pakistan troops are being withdrawn from the State of Jammu and Kashmir, the Indian Army will begin to withdraw the bulk of its forces in stages submitted to the Indian Government by the Commission. The schedule of the withdrawal of Indian forces will be published by the Commission immediately after the acceptance of these proposals by both Governments,
C. 1. The operations mentioned in the above paragraphs A and B will be carried out under the surveillance of the Commission's Military Adviser.
D. I. A cease-fire line, based upon the factual positions occupied by the respective armies on 1 January 1949, has been fixed by the Commission, and is traced in yellow on the map annexed. Between Chakothi and Tithwal and from Chorwan to the north of Dras, the line shall be demarcated as soon as possible by the Military Adviser of the Commission. The cease-fire line shall eliminate all no-man's land and shall be demarcated on the ground by agreement between the respective local Commanders, assisted by the Commission's Military Observers. That line shall, to the greatest extent possible, follow easily recognizable features on the ground.
2. The Commission authorizes its Military Adviser to decide, without appeal, local adjustments of the cease-fire line.
3. The Commission will have observers stationed where it deems necessary. In the sparsely populated and mountainous region of the territory of Jammu and Kashmir in the north, observers will be stationed who, in the event that the defence of this territory becomes necessary, will so advise the Commission. The Commission, in this case, or at the request of the Government of India, may agree that the Government of India post garrisons at specified points of this area.
E. 1. All land mines will be immediately limited by the side which sowed them.
2. There will be free use of the roads throughout the State for refugee movements, refugee maintenance and for all other non-military purposes. There will also be free use of all the waterways for all non military purposes.
3. All prisoners of war will be released within one. month.
4. All emergency laws promulgated as a consequence of hostilities will be repealed within one month, and all political prisoners arrested or prosecuted under these laws, whether condemned or not, will be released during the same period.
F. 1. These provisions are without prejudice to the territorial integrity and the sovereignty of the State of Jammu and Kashmir.
2. These provisions do not affect in any way the functions and powers of the Plebiscite Administrator.