10091949 -110 Text of the Letter dated 10 September 1949 from the Chairman of the Commission Mr. R.B. Macatee addressed to the Secretary-General, Ministry of External Affairs, Government of India, regarding the Commission Memorandum on arbitration (UN Document No. S/AC. 12/263)
10091949 -110 Text of the Letter dated 10 September 1949 from the Chairman of the Commission Mr. R.B. Macatee addressed to the Secretary-General, Ministry of External Affairs, Government of India, regarding the Commission Memorandum on arbitration (UN Document No. S/AC. 12/263)
I have the honour to acknowledge the receipt of your letter dated 8 September 1949 (annex 36), in which Your Excellency communicated to the Commission the views of your Government on the suggestion for arbitration as contained in the Commission's memorandum delivered on 30 August 1949 (annex 35).
The Commission is concerned to note that the nature of your Government's reply appears to have been determined. by considerations arising out of two questions about which there seems to be some misunderstanding, namely:
"(i) Whether the Commission would state to the arbitrator the points submitted to arbitration; and "(ii) Whether the Commission would furnish to the arbitrator a clear account of the circumstances leading up to the present position and the Commission's own conclusions on points like the disbanding and disarming of the "Azad Kashmir" forces on which it had already reached a conclusion."
Since the Commission finds that your Government's interpretation, as stated in the observations set forth in Your Excellency's letter, does not exactly reflect the intention of the Commission, it is reluctant to consider that reply as a final one and therefore begs to convey the following comments which, the Commission trusts, will provide a more accurate understanding of its views.
As regards the first question, Your Excellency will note that sub-paragraphs (i) (d) and (ii) of paragraph 5 refer to procedure and indicate that this is a matter which should be decided upon subsequently. The Commission is of the opinion that it would be preferable first to have the Government's acceptance of the course of action as presented, and then to consult with them regarding the several methods which might be agreed upon for the further procedure. The procedure inherent in Your Excellency's question is one of these and is, consequently, not precluded.
As regards the second question, the Commission wishes. to assure Your Excellency that it will of course be at the disposal of the arbitrator and present him with a full account of the facts which are within its knowledge.
In suggesting arbitration as a means of reaching a prompt and effective implementation of the truce, the Commission has never intended that the commitments entered into for a peaceful solution of the dispute should be disregarded. The objective of a free and impartial plebiscite and the principles relating to the conditions which must be created in order that it be truly free and impartial, remain unquestioned
In this connection Your Excellency has referred to the disarming and disbanding of the "Azad Kashmir '' forces. The Commission wishes to point out that both Governments have agreed to a large-scale disbanding and disarming of these forces as one of the conditions precedent to the holding of the plebiscite. The difference which has arisen between the two. Governments with respect to decisions on this matter have not been one of substance but of scope, method and timing. Arbitration would apply to this aspect only.
The Commission does not consider it necessary at this time to comment further on your letter.
The Commission hopes that in the light of the foregoing your Government may reconsider the memorandum submitted to your Excellency on 30 August 1949.
(Signed) R.B. Macatee
Chairman