26081949--100 Text of the Memorandum approved by the Commission at its 6th meeting on 26 August 1949 (UN Document No. S/AC. 12/251)

26081949--100 Text of the Memorandum approved by the Commission at its 6th meeting on 26 August 1949 (UN Document No. S/AC. 12/251)

The United Nations Commission for India and Pakistan has given long and intensive study to the replies of the Governments of India and Pakistan of 18 and 30 May 1949, respectively, to the Commission's Truce Terms of 28 April, as well as to the letter of the Government of India of 17 June and the results of the consultations between representatives of the Commission and the Government of Pakistan in Karachi, 25 to 28 June 1949. As the two Governments are aware, the Commission has recognized that neither Government has found it possible to give to the truce terms the unreserved acceptances requested by the Commission.

The Commission subsequently decided to seek to bring about agreement on a cease-fire line through meetings of the military representatives of the two Governments. The Commission is highly gratified that these meetings, held in Karachi from 18 to 28 July 1949, resulted in the definition of an agreed cease-fire line, thus completing the implementation of part I of the resolution of 13 August 1948.

Hopeful that the success of the meetings of the military representatives held in Karachi presaged a new and more suitable opportunity for both Governments to agree on the problem relating to the implementation of part II of the Commission's resolution of 13 August 1948, the Commission invited the Governments of India and Pakistan to send representatives to meet together under the auspices of the Commission. In view of the letters of reply from both Governments (annexes 28 and 29), wherein they reaffirmed their opposed position with respect to the provisional agenda, the Commission felt constrained to withdraw its invitation for the reasons expressed in its letter of 19 August 1949 (annex 34).

The implementation of part II of the Commission's resolution of 13 August 1948 remains unaccomplished. The Commission strongly feels that early and definitive action in this regard is desirable, and has no doubt that both Governments share this view. The Commission remains convinced of the sincere desire of both Governments to solve the Kashmir problem by peaceful means and of their firm intention to fulfil the commitments they have entered into in this regard.

The Commission has, therefore, in the light of existing circumstances, decided to ask both Governments whether they will agree to the course of action outlined below for the conclusion of the truce:

(i) The two Governments agree:

(a) That they will submit to arbitration the differences existing between them concerning all questions raised by them regarding the implementation of part II of the resolution of 13 August 1948, the Arbitrator to decide these questions according to equity, and his decisions to be binding on both parties;

(b) That the arbitration will terminate once the truce terms are decided upon;

(c) That United States Fleet Admiral Chester W. Nimitz will be the Arbitrator;

(d) That the procedure for the arbitration will be worked out subsequently;

(e) That since the procedure of arbitration will be limited to the conclusion of a truce the Commission will continue in the exercise of its functions. Upon an arbitral decision the Commission will undertake the tasks assigned to it under the truce and under the resolution of 5 January 1949.

(ii) With reference to paragraph (i) (d), above, the Commission considers that it would be inappropriate, in advance of approval by the parties of the proposed course of action and of the arbitrator, to seek to define the exact procedure to be followed. person of the

The Commission recommends this course of action as an effective means of overcoming the obstacles which have so far stood in the way of implementation of the truce agreement. If it is accepted by the two Governments the Commission is confident that the implementation of the truce agreement will be speedily begun and that the Commission and the two Governments be placed in pursue their respective tasks leading to the final settlement a position to of the problem, the continued existence of which is a source of grave concern not only to both Governments, but also to the other Member States of the United Nations.

The Commission requests that, after your Government has given the matter its careful and deliberate consideration, it may be favoured with a written reply.