[11] It implicitly assumed that accession was valid but incomplete, contingent upon the ratification by the people of the state. Definition and Examples, Profile of Pakistan's Inter-Services Intelligence, Direct Democracy: Definition, Examples, Pros and Cons, Decolonization and Resentment During the Suez Crisis, B.A., Politics and History, New York University. There shall be freedom of the press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit; (c) All political prisoners are released; (d) Minorities in all parts of the State are accorded adequate protection; and. In the third step, India was asked to ensure that all the major political parties were invited to participate in the state government at the ministerial level, essentially forming a coalition cabinet.
The Soviet Union and Ukrainian SSR abstained. The McNaughton proposals represented an important departure from those of the UNCIP resolutions in that they made no distinction between India and Pakistan. Text of 1949 UN Resolution Calling for Referendum on Kashmir. nationals not normally resident therein who have entered the State for The mediation also ended in failure. Resolves to return in the immediate future to the Sub-continent to discharge the responsibilities imposed upon it by the Resolution of 13 August 1948 and by the foregoing principles. India's position was that no distinction could be made between the Pakistan Army and the Azad forces. Subsequently, a cease-fire was achieved by the Commission at the beginning of 1949. [20], On 13 August 1948, after discussions with both the governments, the Commission unanimously adopted a three-part resolution, amending and amplifying the UN Resolution 47. and the Commission, will be made public. of the commission. The US embassies in India and Pakistan were equally frustrated. Being of the opinion that the prompt cessation of hostilities and the Pierre Tristam is an award-winning writer who covers Middle East, foreign affairs, immigration, and civil liberties. acceptance of the truce agreement, both Governments agree to enter into Considerable evidence cited by scholars since then has pointed to Pakistan's complicity in instigating and supporting the invasion. India was asked to create a "Plebiscite Administration" whose directors would be nominated by the UN Secretary General but would function as the officials of the state. endeavors to assist the Governments of India and Pakistan in effecting have withdrawn, thereby terminating the situation which was represented The United States, United Kingdom and most Western governments have since supported this approach. Following an upri Kashmir as of the earliest practicable date or dates to be mutually agreed the Commission and with the co-operation of both Commands, will supervise It proposed that the areas should be governed by "local authorities" under the supervision of the Commission and Indian forces would be sent only if the UN observers notified it of their necessity. Having given careful consideration to the points of view expressed by It sought and obtained several assurances, including an agreement that it would not be bound by plebiscite if Pakistan did not implement the first two parts of the August resolution;[25] and assurance that the Azad Kashmir forces would be disbanded before the plebiscite.

For the purpose of facilitating repatriation there shall be appointed two Commissions, one composed of nominees of India and the other of nominees of Pakistan. it was represented by the Government of Pakistan before the Security Council, will maintain within the lines existing at the moment of the cease-fire As per these resolutions UNO has to conduct plebiscite in whole jammu and kashmir under occupation of india and pakistan to decide the will of people of j&k either to join india or pakistan. In the first step, Pakistan was asked to withdraw all its nationals that entered Kashmir for the sake of fighting. It recommended that the Commission be replaced by a single mediator; that the problem of demilitarisation be viewed as a whole without the required sequentiality of the August resolution; that the UN representatives should have the authority to settle issues by arbitration. The Governments of India and Pakistan agree that their respective The Commission conceded the legal basis of the Indian demand but feared that it would cause renewed fighting between the Indian forces and the local forces. 2. India should then appoint a Plebiscite Administrator nominated by the United Nations, who would have a range of powers including powers to deal with the two countries and ensure a free and impartial plebiscite.

He has been writing for more than 20 years. A UN commission called for the withdrawal of both countries' troops in August 1948.

At the conclusion of the plebiscite, the Plebiscite Administrator shall report the result thereof to the Commission and to the Government of Jammu and Kashmir. A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission's resolution of 13 August 1948 have been carried out and arrangements for the plebiscite have been completed; 5. Secondly, the Resolution recommended a three-step process for the resolution of the dispute. However, a truce was not achieved due to disagreements over the process of demilitarisation. wish that the future status of the State of Jammu and Kashmir shall be The United Nations Security Council Resolution 47, adopted on 21 April 1948, concerns the resolution of the Kashmir conflict. the minimum strength of its forces which in agreement with the commission [14] The Pakistani government circles felt that the Security Council deliberations had been favourable to Pakistan but the final proposals were modified by the United States and Britain to "mollify" India. [19] The fighting in Kashmir went on unabated and the Commission recognized that the Sheikh Abdullah government in Jammu and Kashmir and the Azad Kashmir government in Muzaffarabad were engaged in an irreconcilable struggle. [23], While India accepted the Commission's resolution, Pakistan attached so many reservations and qualifications that the Commission believed it was "tantamount to rejection". The United Nations Commission for India and Pakistan, Having received from the Governments of India and Pakistan, in communications dated 23 December and 25 December 1948, respectively, their acceptance of the following principles which are supplementary to the Commission's Resolution of 13 August 1948: 1. 1.When the commission shall have notified the Government of India that 7. the representatives of India and Pakistan regarding the situation in the (b) The Plebiscite Administrator shall derive from the State of Jammu and Kashmir the powers he considers necessary for organizing and conducting the plebiscite and for ensuring the freedom and impartiality of the plebiscite. Through its mediation, the Commission amplified and amended the Security Council Resolution, adopting two resolutions of its own, which were accepted by both India and Pakistan.

correction of conditions the continuance of which is likely to endanger On 20 January 1948, the Security Council passed Resolution 39 establishing a three-member Commission to investigate the complaints. In the second step, India was asked to "progressively reduce" its forces to the minimum level required for keeping law and order. the Government of Pakistan agrees to withdraw its troops from that State. the observance of the cease-fire order. Template:United Nations Security Council resolutions concerning the Kashmirconflict The United Nations has played an important role in maintaining peace and order in Jammu andKashmir soon after the independence of India and Pakistan in 1947, when a dispute erupted between the two States on the question of Jammu and Kashmir. [14], The five member United Nations Commission for India and Pakistan (UNCIP) consisted of the representatives from Czechoslovakia (Josef Korbel), Argentina (Ricardo Siri), Belgium (Egbert Graeffe), Colombia (Alfredo Lozano) and the United States (Jerome Klahr Huddle). E. The Government of India and the Government of Pakistan agree to appeal the presence of Indian forces in the State of Jammu and Kashmir, and further,
(a) All citizens of the State who have left it on account of the disturbances will be invited and be free to return and to exercise all their rights as such citizens. India feared that a plebiscite would incite religious passions and unleash "disruptive forces". UN Documents for Jammu and Kashmir Selected Security Council Resolutions: View All: 21 December 1971 S/RES/307: This resolution demanded a durable ceasefire and cessation of hostilities until withdrawals of all armed forces to the ceasefire line in Kashmir. The United Nations Commission for India and Pakistan. [34], The Commission declared its failure and submitted its final report to the Security Council on 9 December 1949. It said that the powers conferred on the Plebiscite Administrator were far too wide and undermined the state's sovereignty. The third part dealt with creating an interim administration for the state which would represent all major political groups in the state. Britain came in for particular criticism. the situation in the State of Jammu and Kashmir, the Indian Government (c) The Plebiscite Administrator shall have authority to appoint such staff of assistants and observes as he may require. a final settlement of the situation; Resolves to submit simultaneously to the Governments of India and Pakistan Governments. According to a UN diplomat, council members failed to even come up with a statement to the press -- the lowest level of Council action. Korbel states that the Security Council could have requested the International Court of Justice to give an advisory opinion on the legal issues. In the first step, Pakistan was asked to use its "best endeavours" to secure the withdrawal of all tribesmen and Pakistani nationals, putting an end to the fighting in the state. from taking any measures that might augment the military potential of the India proposed two far-reaching amendments, in effect rejecting the McNaughton proposals. [26] However India appeared to have advanced the timetable.

[35], The Security Council asked its Canadian delegate, General A. G. L. McNaughton, to informally consult India and Pakistan towards a demilitarisation plan. [15], Both the sides however welcomed the UN Commission and agreed to work with it. With the passing of time, the tensions and political cleavages in Kashmir grew and the plebiscite solution became increasingly difficult. Moreover, plebiscite was not mentioned, which allowed for other possible avenues for determining the will of the people, such as electing a constituent assembly. Following the invasion, Pakistan organised the soldiers into 32 battalions of a serious military force and used them to fight the Indian forces.


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