28041949--62  Text of the Letter dated 28 April 1949 from the Chairman of the Commission Mr. A. Lozano, addressed to the Minister for Kashmir Affairs, Government of Pakistan, regarding the truce terms (UN Document No. S/AC. 12/194)

28041949--62  Text of the Letter dated 28 April 1949 from the Chairman of the Commission Mr. A. Lozano, addressed to the Minister for Kashmir Affairs, Government of Pakistan, regarding the truce terms (UN Document No. S/AC. 12/194)

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 Pakistan and the Government of India 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 Pakistan and India 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 the 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) With respect to section II, it is desired to emphasize to the Government of Pakistan that the schedules of withdrawals of the Pakistan troops and the bulk of the Indian forces will be faithful to the Commission's resolution of 13 August 1948 and represent a coordination of timing which in the view of the Commission will constitute a synchronized action.

(b) A period of three months for the withdrawal of Pakistan troops was previously contemplated in view of your Government's suggested reorganization of the Azad Kashmir forces. The Government of India had agreed in principle to a three-months withdrawal period for the Pakistan troops on the understanding that there would be a reduction of the Azad Kashmir forces. The Government of Pakistan insisted that the question of the Azad Kashmir forces be considered only in the light of point 4 (a) and (b) of the resolution of 5 January 1949 and be acted upon only after the acceptance of the truce. The Commission has based its terms on part II of the resolution of 13 August 1948 and has not felt able to modify its proposals of 15 April 1949 in this regard, except as indicated below.

(c) Section III C, in relation to III B, provides for the extension of the period of the withdrawal of Pakistan troops in order to expedite the implementation of decision which might be taken as a result of the consultations envisaged under point 4 (b) of the Commission's resolution of 5 January 1949, which are to be immediately entered into upon the acceptance of the enclosed terms.

(d) Part III, section G, recognizes that the Commission cannot prejudge the sovereignty and integrity of the State as a whole. It should not be construed as envisaging the introduction into the area to be evacuated by Pakistan troops of civil or military officials of the Government of Jammu and Kashmir or of the Government of India for the purpose of administration or control. The Commission does not feel that the presence of this clause in the enclosed terms introduces a controversial subject, nor does it in any way affect the agreement already reached by both Governments in their acceptance of the Commission's resolution of 13 August 1948.

(e) 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. The Commission requests your Government's reply within one week.

(Signed) Alfredo Lozano

Chairman