28041949--60 Text of the Letter dated 28 April 1949 from the Chairman of the Commission Mr.Lozano addressed to the Acting Minister for External Affairs, Government of India, regarding the truce terms (UN Document No. S/AC, 121 193)

28041949--60 Text of the Letter dated 28 April 1949 from the Chairman of the Commission Mr.Lozano addressed to the Acting Minister for External Affairs, Government of India, regarding the truce terms (UN Document No. S/AC, 121 193)

I have the honour to acknowledge the receipt of your Government's reply to the Commission's proposals of 15 April 1949 regarding the implementation of part II of the resolution of 13 August 1948.

The Commission has given serious study to the replies of the Government of India and the Government of Pakistan and has formulated truce terms which I have the honour to transmit to Your Excellency herewith. The terms now submitted to your Government endeavour to reconcile so far as possible the views of both Governments with respect to the present situation and adhere to the framework of the resolution of 13 August 1948.

The Commission considers it essential that the Governments of India and Pakistan agree on terms which will permit the implementation of the provisions of the truce without further delay, and cannot but express to Your Excellency the urgency which it attaches to withdrawal of armed forces from the State of Jammu and Kashmir. The Commission does not believe that fruitful results would be obtained from further discussions. It is in this spirit that the Commission requests your Government's unreserved acceptance of the enclosed terms.

To aid your Government's consideration of certain points of the truce terms, the Commission sets forth below the following observations:

(a) The Government of India will understand that the Commission cannot deal at this stage with the question of disbanding and disarming the Azad Kashmir forces since it does not fall within the purview of part II of the resolution of 13 August. Nevertheless the Commission appreciates the significance of the question and is anxious to consider it without delay. While the Commission cannot share the view of the Government of India that a reduction of its forces beyond the strength mentioned in your letter of 17 April 1949 must depend upon the actual disbanding and disarming of the Azad Kashmir forces, it is convinced that an early study of the matter would hasten the preparations for the plebiscite. In an effort to meet your Government's point of view, the Commission has provided for consultations on the disposal of forces in the State, under point 4(a) and (b) of the resolution of 5 January 1949, by advancing the consideration of this point to the moment at which the Governments of India and Pakistan have signified their acceptance of the enclosed terms. Section III B contemplates decisions on the question of the Azad Kashmir forces at an early stage in the

implementation of the truce. (b) The Government of India has requested that it be allowed to post and maintain garrisons at the strategic points mentioned in its memorandum of 13 April 1949 with respect to the sparsely populated and mountainous region to the north. The Commission believes that to achieve the purposes of the truce, it is essential to restrict the field of military activities as far as possible. Furthermore, the Commission cannot agree to any measures which it fears may disturb conditions in any part of the State and thus be detrimental to the achievement of the common objective of an early plebiscite. Nevertheless, in an effort to meet the position of your Government in this matter, the enclosed terms provide that, without prejudice to the provisions of point 8 of the resolution of 5 January 1949, should the Commission and/or the Plebiscite Administrator conclude that it is necessary for the defence of the area, the Commission and/or the Plebiscite Administrator may agree to your Government stationing garrisons north of the cease-fire line, as contemplated under section I D.

(c) The Commission hopes that your Government will do all in its power to further the objective set forth in section III F. It believes that the announcement. of the release of political prisoners and the abrogation of emergency laws relating to civilian movement in the State and other similar measures, would be. valuable contributions to the achievement of those conditions which will enable rapid progress in the preparations for the plebiscite.

With respect to point 11. B, the Commission, with due regard to the security of the State, presents the following plan of withdrawal for the bulk of the Indian forces from the territory of the State of Jammu and Kashmir.

(At the request of the Government of India, the schedule of the withdrawal of troops is not reproduced here.) The Commission requests your Government's reply within one week.

(Signed) A. Lozano

Chairman