16041949--51 Text of the Letter dated 16 April 1949 from the Vice Chairman of the Commission Mr. R. Macatee addressed to the Minister for Kashmir Affairs, Government of Pakistan, elucidating the proposals of 15 April 1949 (UN Document No. S/AC.12/180)

16041949--51 Text of the Letter dated 16 April 1949 from the Vice Chairman of the Commission Mr. R. Macatee addressed to the Minister for Kashmir Affairs, Government of Pakistan, elucidating the proposals of 15 April 1949 (UN Document No. S/AC.12/180)

I have the honour to acknowledge receipt of your Excellency's letter of 15 April 1949 addressed to me in the absence of the Chairman (annex 18). Having discussed your letter with the other member of the Commission at present in Rawalpindi, I take pleasure in setting forth below, seriatim, replies to the questions raised:

(i) By this phrase, the Commission means that the administration of the area by the local authorities under the surveillance of the Commission would not bring into question the sovereignty of the State of Jammu and Kashmir as a whole. It has consistently been the view of the Commission, as well as the Security Council, that pending the determination of the will of the people as regards the accession of the State to India or Pakistan, neither body will recognize any new sovereignty in the State. To do so would constitute a prejudgment of the will of the people.

(ii) (a) and (b)-The Commission has already received the views of the Government of Pakistan on this matter under the date of March 9, 1949, and has taken due account of them. The Commission will not find itself in a position to disclose the schedule of withdrawal of the bulk of Indian troops until agreement there on has been reached with the Government of India and both Governments have indicated their agreement to the other provisions of the proposals,

(iii) (a)-No presumption can be made with regard to this point until agreement has been reached between the Government of India and the Commission. In the preparation of the proposed schedules of withdrawal, the Commission has been guided primarily by information supplied by its Military Adviser as to the time required for such withdrawals and, taking into account the problems created by the extent of the area, the nature of its terrain and the transportation facilities, the Commission has not found it possible to propose that the completion of the withdrawal of the bulk of Indian troops should take place at as early a date as that of the Pakistan troops.

(iii) (b)-As stated in paragraph 10 of append x 1 to the letter of the Commission to the Government of Pakistan of August 1948. synchronization of the withdrawal of the armed forces of the two Governments will be arranged between the respective High Commands and the Commission.

(iv) (a) and (b)- I understand that the Military Adviser will base his determinations upon military and factual considerations, other considerations being byond his competence.

(v) (a)- By the phrase "sparsely populated and mountainous region of the territory of Jammu and Kashmir in the north" the Commission means the area of the State north of the positions presently occupied by the Indian Army with the exception of Gilgit Subdivision and Agency.

(v) (b)- The Commission cannot forecast the contingencies which might require the defence of this area, and is prepared to rely upon the information of its observers to be stationed there and the advice of its Military Adviser in this matter.

(v) (c)- I understand the intention of the Commission to be that it may agree to the stationing of Indian troops at specified points should it be convinced, in the light of all the circumstances, that it is necessary for the defence of that territory.

(v) (d) - Action to be taken under clause D. 3 would be a matter for agreement between the Commission and the Government of India. Any case which might arise would have to be dealt with in the light of the then existing circumstances.

(vi) (a) and (b)- It is my understanding that the sole intention of the Commission by clause E2 was to abolish, so far as possible, any artificial conditions which might otherwise be occasioned by the presence of the demarcation line established under clause C without prejudice, of course, to paragraph 7 of the Commission's resolution of 5 January 1949.

With reference to points (i) and (iii) it may be added that schedule of withdrawals of the forces of both Governments and the number of Indian troops to be left within the State is, of course, subject to modification in any future agreement which may be reached regarding the reorganization and reduction of the forces to remain in the area to be evacuated by the Pakistan troops.

(Signed) R. Macatee Vice-Chairman