22091949 --117 Text of the Press release issued on 22 September 1949 by the UNCIP Commission on the occasion of its departure from the sub-continent (UN Document No. SIAC. 12/269)
22091949 --117 Text of the Press release issued on 22 September 1949 by the UNCIP Commission on the occasion of its departure from the sub-continent (UN Document No. SIAC. 12/269)
The United Nations Commission for India and Pakistan has notified the Governments of India and Pakistan of its decision to leave the sub-continent to prepare a report to the Security Council.
Throughout its negotiations with the Governments of India and Pakistan, the Commission has been reluctant to give publicity to its conversations and proposals in the belief that its task could best be accomplished through the exercise of discretion. The Commission, however, has observed that there has been some misunderstanding in the Press as to the sequence of events and the nature of the clarifications on its resolutions which have been given to both Governments. The Commission believes it important to issue a statement which might help to correct these misunderstandings.
A clear view of the present situation can best be obtained by summarizing the three major phases of the Commission's activities.
Under the terms of reference of the Security Council's resolution of 21 April 1948 [S/726], which was not accepted by either party and whose most immediate aim was to establish law and order of the State of Jammu and Kashmir, the Commission arrived on the sub continent in July of last year. Throughout six weeks of separate consultations with the Governments of India and Pakistan the Commission sought an agreement to a cease-fire. The Government of Pakistan envisaged an unconditional cease-fire leading to a final settlement, whereas the Government of India was reluctant to consider the conditions for such a settlement until the Pakistan troops and nationals who had entered the State order to bridge the gap, the Commission drew up its for the purpose of fighting had withdrawn from the State. In resolution of 13 August 1948.
The resolution envisaged three related but distinct steps: a cease-fire, a truce period, during which the withdrawal of forces would take place, and finally, consultations to establish the conditions by means of which the free will of the people of the State would be expressed. The Government of India accepted the Commission's resolution. The Government of Pakistan attached conditions-mainly relating to part III of the resolution which the Commission was forced to conclude were tantamount at that stage to a refusal. It should be borne in mind that of the problems which have since become obstacles to the implementation of the truce two were not dealt with in the resolution: provisions for the administration. and defence of the sparsely populated and mountainous region to the north and the question of the disarming and disbanding of the Azad Kashmir forces.
The second phase of the Commission's activities began when, on its arrival in Paris in November 1948 to report to the Security Council, the Commission renewed conversations with representatives of India and Pakistan. From these conversations it appeared that agreement might be possible on principles relating to the holding of a plebiscite in the State. The Commission requested one of its members, Mr. Lozano, to proceed to the sub-continent in order to confer with the two Governments. The Governments of India and Pakistan agreed to the principles-the details to be worked out in later consultations which were embodied in the resolution of 5 January 1949. Aide-memoire of the conversations were drawn up [S/1196, annexes 4 and 5].
It is important to keep in mind that these conversations related exclusively to an elaboration of part III of the resolution of 13 August 1948. Parts I and II were not affected.
It was at this stage that assurances were given with respect to the Azad Kashmir forces in relation to the final disposition of all forces throughout the State. In the aide memoire of the conversations with the Prime Minister of India Pandit Nehru [S/1196, annex 4], and the Foreign Minister of Pakistan, Sir Mohammad Zafrulla Khan [S/1196, annex 5], it is stated that there would be a large-scale disbanding and disarming of these forces as a precedent to the holding of a plebiscite.
When the Commission in February 1949 returned to the sub-continent the cease-fire was in effect, and in so far as part I of the 13 August resolution was concerned there remained only the demarcation of the line on the ground. The Commission was hopeful that this would be expeditiously achieved and that a prompt implementation of the truce under part II might take place.
The third phase of the Commission's activities began in February, when it was requested by both Governments to furnish additional explanations of its resolutions, and, in turn, was apprised of their views on the truce.
After a series of separate negotiations, from which it appeared that the Governments were not likely to agree directly between themselves, the Commission formulated its own compromise suggestions for the establishment of a truce agreement. On 15 April it submitted to the Governments of India and Pakistan its first truce proposals (annex 17).
The Commission, in the light of the reactions of the two Governments, modified its truce proposals and submitted them to the two Governments on 28 April with the request that they be accepted unreservedly (annexes 21, 22, 23). On 18 and 30 May 1949, the Commission received the replies of the Governments of India and Pakistan respectively. Neither reply constituted an unreserved acceptance.
The Commission made a further attempt to narrow the differences between the two Governments. These were principally connected with the schedule of withdrawal of troops, the status of the Azad Kashmir forces, and the question of the mountainous, sparsely populated northern areas in the State of Jammu and Kashmir. The positions taken by the two Governments, however, remained far apart. Confronted with these opposed views, the Commission suggested that, as the demarcation of a cease-fire line remained a pressing need, then the military aspect should be separated from the political for the purpose of arriving at an agreement. on such a line. It invited the two Governments to send military representatives to a meeting in Karachi with the Commission's Truce Sub-Committee on 18 July 1949. Agreement was reached on 28 July on the entire cease-fire line, and was ratified without delay by both Governments.
In view of the cordial atmosphere which prevailed during the meeting with the Truce Sub-Committee, the Commission hoped that the two Governments might be ready to meet under the auspices of the Commission to settle their remaining differences concerning the truce. The two Governments were invited to a joint meeting in New Delhi on 22 August In accepting this procedure, the Governments of India and Pakistan asked the Commission to draw up a provisional agenda for their consideration and to furnish them. with background knowledge of each other's views. Their comments on this agenda made it clear that the positions still remained fundamentally opposed. While one Government maintained that certain issues could not be discussed or entertained, the other insisted that inclusion in the agenda of precisely these issues was essential. The Commission therefore felt that as a responsible body it could not continue to sponsor a conference which appeared bound to fail at the outset. It informed both Governments to that effect on 18 August (annex 33).
Concluding that the possibilities of its further mediation, restricted by previous commitments in a changing situation, had been exhausted, the Commission decided to ask both Governments whether they would agree to submit to arbitration the differences concerning questions raised by them regarding the implementation of the truce.. of Pakistan agreed to the Commission's suggested course of The Government action while the Government of India found itself unable to accept.