*RESOLUTION ADOPTED BY THE UNITED NATIONS COMMISSION FOR INDIA AND
PAKISTAN ON 13 AUGUST 1948. (DOCUMENT NO. S/1100, PARA 75, DATED THE
9TH NOVEMBER, 1948)
THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN
Having given careful consideration to the points of view expressed by
the Representatives of India and Pakistan regarding the situation in
the State of Jammu and Kashmir, and
Being of the opinion that the prompt cessation of hostilities and the
coercion of conditions the continuance of which is likely to endanger
international peace and security are essential to implementation of
its endeavors to assist the Governments of India and Pakistan in
effecting a final settlement of the situation.
Resolves to submit simultaneously to the Governments of India and
Pakistan the following proposal
PART I
CEASE-FIRE ORDER
1. The Governments of India and Pakistan agree that their respective
High Commands will issue separately and simultaneously a cease- fire
order to apply to all forces under their control in the State of Jammu
and Kashmir as of the earliest practicable date or dates to be
mutually agreed upon within four days after these proposals have been
accepted by both Governments.
2. The High Commands of Indian and Pakistan forces agreed to refrain
from taking any measures that might augment the military potential of
the forces under their control in the State of Jammu and Kashmir. (For
the purpose of these proposals "forces under their control shall be
considered to include all forces, organized and unorganized, fighting
or participating in hostilities on their respective sides).
3. The Commanders-in-Chief of the Forces of India and Pakistan shall
promptly confer regarding any necessary local changes in present
dispositions which may facilitate the cease-fire.
4. In its discretions and as the Commission may find practicable, the
Commission will appoint military observers who under the authority of
the Commission and with the co-operation of both Commands will
supervise the observance of the cease-fire order.
5. The Government of India and the Government of Pakistan agree to
appeal to their respective peoples to assist in creating and
maintaining an atmosphere favorable to the promotion of further
negotiations.
PART II
TRUCE AGREEMENT
Simultaneously with the acceptance of the proposal for the immediate
cessation of hostilities as outlined in Part I, both Governments
accept the following principles as a basis for the formulation of a
truce agreement, the details of which shall be worked out in
discussion between their Representatives and the Commission.
1. (l) As the presence of troops of Pakistan in the territory of the
State of Jammu and Kashmir constitutes a material change in the
situation since it was represented by the Government of Pakistan
before the Security Council, the Government of Pakistan agrees to
withdraw its troops from that State.
(2) The Government of Pakistan will use its best endeavor to secure
the withdrawal from the State of Jammu and Kashmir of tribesmen and
Pakistan nationals not normally resident therein who have entered the
State for the purpose of fighting.
(3) Pending a final solution the territory evacuated by the Pakistan
troops will be administered by the local authorities under the
surveillance of the Commission.
2. (1) When the Commission shall have notified the Government of India
that the tribesmen and Pakistan nationals referred to in Part II A 2
hereof have withdrawn, thereby terminating the situation which was
represented by the Government of India to the Security Council as
having occasioned the presence of Indian forces in the State of Jammu
and Kashmir, and further, that the Pakistan forces are being withdrawn
from the State of Jammu and Kashmir, the Government of India agrees to
begin to withdraw the bulk of their forces from the State in stages to
be agreed upon with the Commission
(2) Pending the acceptance of the conditions for a final settlement of
the situation in the State of Jammu and Kashmir, the Indian Government
will maintain within the lines existing at the moment of cease-fire
the minimum strength of its forces which in agreement with the
Commission are considered necessary to assist local authorities in the
observance of law and order. The Commission will have observers
stationed where it deems necessary.
(3) The Government of India will undertake to ensure that the
Government of the State of Jammu and Kashmir will take all measures
within their power to make it publicly known that peace, law and order
will be safeguarded and that all human and political rights will be
guaranteed.
3. (1) Upon signature, the full text of the Truce Agreement or
communiqué containing the principles thereof as agreed upon between
the two Governments and the Commission, will be made public.
PART III
The Government of India and the Government of Pakistan reaffirm their
wish that the future status of the State of Jammu and Kashmir shall be
determined in accordance with the will of the people and to that end,
upon acceptance of the Truce Agreement both Governments agree to enter
into consultations with the Commission to determine fair and equitable
conditions whereby such free expression will be assured.
*The UNCIP unanimously adopted this Resolution on 13-8-1948.
Members of the Commission: Argentina. Belgium, Columbia,
Czechoslovakia and U.S.A.
