09081949--84 Text of the Letter dated 9 August 1949 from the Chairman of the Commission Mr. H. Samper addressed to the Governments of India and Pakistan inviting them to the joint meeting, enclosing memoranda on view on the Commission s truce terms of 28 April 1949, and a provisional agenda (UN Document No. S/AC. 12/240)
09081949--84 Text of the Letter dated 9 August 1949 from the Chairman of the Commission Mr. H. Samper addressed to the Governments of India and Pakistan inviting them to the joint meeting, enclosing memoranda on view on the Commission's truce terms of 28 April 1949, and a provisional agenda (UN Document No. S/AC. 12/240)
The United Nations Commission for India and Pakistan has taken note of your Government's reply dated 30 (18) May to the Commission's truce proposals of 28 April 1949. (The Commission has likewise taken cognizance of your letters dated 17 and 19 June on the same subject). The Commission has also received a reply to the truce proposals from the Government of India (Pakistan).
The Commission notes that neither Government has given its unreserved acceptance to the proposals and that they still hold divergent views on the problem. While the Commission remains convinced of the readiness of both Governments to fulfil the commitments they have already made, it appears that further separate negotiations to bring about agreement can hardly be expected to render the desired result within a reasonable time.
The Commission invited the two Governments to a joint military meeting in Karachi for agreement on a case-fire line. The successful result of that meeting and the spirit of cooperation and mutual understanding shown by the delegations of Pakistan and India lead the Commission to hope that similar meetings for the purpose of agreeing on the implementation of the truce could prove equally successful.
After having ascertained informally that both Governments favour in principle such a procedure, I therefore have the honour, on behalf of the Commission, to propose joint meetings at ministerial level of representatives of your Government with representatives of the Government of India (Pakistan) under the auspices of the Commission for the implementation of part II of the Commission's resolution of 13 August 1948.
The Commission would propose that these meetings should begin in New Delhi and, according to circumstances, be continued in Karachi.
In informal conversations both Governments have suggested that the Commission submit a provisional agenda for these meetings. Further, the Chairman of the Commission was requested by Your Excellency to recommend to the Commission that it communicate to your Government the substance of the points of view of the Government of India (Pakistan) on the implementation of the truce. The Government of India (Pakistan) made a similar request.
In accordance with the wish thus expressed by both Governments the Commission has drafted the annexed provisional agenda [appendix 1]. It is understood that both parties will be free to propose modifications of this agenda at the opening session.
Two additional documents are annexed, one giving in substance the views of the Indian Government on the Commission's truce proposals of 28 April 1949 (appendix 2), and the other giving in substance the views of the Pakistan Government [appendix 3]. It should, however, be understood that the discussions in the joint meetings will be independent of the said truce proposals.
The Commission is anxious to proceed in this matter as soon as possible. I should be grateful if Your Excellency would indicate whether it would be convenient to the Pakistan (Indian) Government that the first joint meeting should take place on 17 August at such premises in New Delhi as the Government of India may be able to place at the disposal of the Commission for this purpose,
(Signed) Hernando Samper
Chairman
APPENDIX I
PROVISIONAL AGENDA
1. Adoption of the agenda.
2. Withdrawal of Pakistan armed forces from the State of Jammu and Kashmir (resolution of 13 August 1948, part II, A 1).
3. Withdrawal of tribesmen and all Pakistan nationals not normally resident in the State of Jammu and Kashmir who have entered the State for the purpose of fighting (resolution of 13 August 1948, part II, A 2).
4. Withdrawal of the bulk of the Indian armed forces from the State of Jammu and Kashmir (resolution of 13 August 1948, part II, B 1, 2). Related questions. 5.
APPENDIX 2
Memorandum on the Government of India's point of view with respect to the Commission's truce terms of 28 April 1949
Disbanding and disarming of "Azad Kashmir" forces (Truce terms of 28 April 1949, paragraph III, B and C)
The Indian Government, in a letter of 18 May 1949, declared that both from the standpoint of the security of the State and the freedom and impartiality of the plebiscite, the disbanding and disarming of "Azad Kashmir" forces should not be left in a state of uncertainty or be hereafter the subject of challenge and dispute. It therefore declared it to be of the utmost importance (1) that the agreement of the Government of Pakistan should be obtained then to the disbanding and disarming of the 32 battalions of "Azad Kashmir" forces, and (2) the discussions regarding the procedure and phasing of the disbandment and disarming should commence immediately after the truce was signed. In the view of the Government of India decisions on a programme designed to achieve this objective should be taken as soon as possible, and (3) the phasing of the withdrawal of Indian troops should not be divorced from and should depend on the progress made with the actual disbanding and disarming of the "Azad Kashmir'' forces.
In a letter of 17 June 1949 the Indian Government. further stated that if, by the end of the 7 weeks referred to in III. C of the Commission's proposals, the Commission should find that the large-scale disbanding and disarming of the "Azad Kashmir" forces was impracticable, the conditions mentioned in point 2 of the Commission's resolution of 5 January 1949 would be deemed not to have been completed.
Treatment of the sparsely populated and mountainous areas in the north (Truce terms, paragraph I D)
In its letter of 18 May 1949, the Government of India referred to the Prime Minister's letter to Mr. Korbel of 20 August 1948 [S/1100, paragraph 801, and maintained that the principle that Indian troops should garrison important strategic points should be accepted.
In a letter 17 june 1949, Indian Government. declared that it was willing to occupy only a certain limited number of points, in the expectation that all Pakistan forces, regular and irregular, would be withdrawn from the State. Should this expectation not be realized or should be a threat to the security of the State or the maintenance of internal order. arise in the area from any other source, the Government of India should be free to garrison with their forces all or any other points previously mentioned.
In a letter of 17 June the Indian Government submitted a programme of withdrawal for the Indian forces. The Government of India has further maintained that such withdrawal plan as may subsequently be agreed upon with the Commission should not be communicated to Pakistan until a truce agreement has been arrived at.
APPENDIX 3
Memorandum on the Government of Pakistan's point of view with respect to the Commission's truce terms of 28 April 1949
Northern area (Truce terms of 28 April 1949, paragraph ID)
The Pakistan Government submits that the proposal contained in paragraph ID of the truce terms is not in accordance with the Commission's resolution of 13 August 1948 is necessary and, far from ensuring peace and tranquillity in this area, is likely to create conditions of unrest and insecurity.
Withdrawal of troops (truce terms, paragraph 111 A, B and C.
The Pakistan Government states that it has already carried out an important part of its obligations in effecting the withdrawal of tribesmen and of almost all Pakistan nationals who had entered the State for the purpose of fighting. It is also ready to withdraw all Pakistan troops from the State of Jammu and Kashmir under the terms of the resolution of 13 August 1948, as elucidated to the Pakistan Government..
The Pakistan Government declares that without knowing the schedule of withdrawal of the Indian forces, on the basis of which a synchronized withdrawal of the two armies could be arranged, the Pakistan Government is not in a position to take a decision on the Commission's truce terms, the central feature of which is the withdrawal programme of the two armed forces.
Disposition of the Indian State forces and the Azad Kashmir forces (Truce terms, paragraph III B and C)
The Pakistan Government declares that it is understood that it is the Commission's intention to associate the Plebiscite Administrator with the discussions under these paragraphs from the outset, even though he may not have been formally appointed to office by then The Pakistan Government also understands that the Pakistan Army, during the extended time, would be able only to reorganize the Azad Kashmir forces so as to facilitate the implementation of decisions relating to point 4 (b) of the Commission's resolution of 5 January 1949, the actual implementation of the decisions to start only after parts I and II of the Commission's resolution of 13 August 1948 have been fully implemented.
General provisions (Truce terms, paragraph III F and G)
The Pakistan Government trusts that the Commission will do everything possible for the restoration of human and political liberty in the State in actual practice.