1. |
The Government of Pakistan should undertake
to use its best endeavours:
|
|
(a) |
to secure the withdrawal from the
State of Jammu and Kashmir of tribesmen
and Pakistani nationals not normally
resident therein who have entered
the State for the purpose of fighting
and to prevent any intrusion into
the State of such elements and any
furnishing of material aid to those
fighting in the State; |
(b) |
To make known to all concerned that
the measures indicated in this and
the following paragraphs provide
full freedom to all subjects of
the State, regardless of creed,
caste, or party, to express their
views and to vote on the question
of the accession of the State, and
that therefore they should co-operate
in the maintenance of peace and
order.
|
|
2. |
The Government of India should: |
|
(a) |
When
it is established to the satisfaction
of the Commission set up in accordance
with the Council's resolution of
20 January that the tribesmen are
withdrawing and that arrangements
for the cessation of the fighting
have become effective, put into
operation in consultation with the
Commission a plan for withdrawing
their own forces from Jammu and
Kashmir and reducing them progressively
to the minimum strength required
for the support of the civil power
in the maintenance of law and order:
|
(b) |
Make
known that the withdrawal is taking
place in stages and announce the
completion of each stage;
|
(c) |
When the Indian forces shall have
been reduced to the minimum strength
mentioned in (a) above, arrange
in consultation with the commission
for the stationing of the remaining
forces to be carried out in accordance
with the following principles:
|
|
(i) |
That the presence of troops
should not afford any intimidation
or appearance of intimidation
to the inhabitants of the
States; |
(ii) |
That as small a number as
possible should be retained
in forward areas; |
(iii) |
That any reserve of troops
which may be included in the
total strength should be located
within their present base
area.
|
|
|
3. |
The Government of India should agree that
until such time as the Plebiscite Administration
referred to below finds it necessary to
exercise the powers of direction and supervision
over the State forces and police provided
for in paragraph 8, they will be held
in areas to be agreed upon with the Plebiscite
Administrator.
|
4. |
After the plan referred to in paragraph
2(a) above has been put into operation,
personnel recruited locally in each district
should so far as possible be utilized
for the re-establishment and maintenance
of law and order with due regard to protection
of minorities, subject to such additional
requirements as may be specified by the
Plebiscite Administration referred to
in paragraph 7.
|
5. |
If these local forces should be found
to be inadequate, the Commission, subject
to the agreement of both the Government
of India and the Government of Pakistan,
should arrange for the use of such forces
of either Dominion as it deems effective
for the purpose of pacification.
|
B.
PLEBISCITE
|
6.
|
The
Government of India should undertake to
ensure that the Government of the State
invite the major political groups to designate
responsible representatives to share equitably
and fully in the conduct of the administration
at the Ministerial level, while the plebiscite
is being prepared and carried out.
|
7. |
The Government of India should undertake
that there will be established in Jammu
and Kashmir a Plebiscite Administra-tion
to hold a plebiscite as soon as possible
on the question of the accession of the
State to India or Pakistan .
|
8. |
The Government of India should undertake
that there will be delegated by the State
to the Plebiscite Administration such
powers as the latter considers necessary
for holding a fair and impartial plebiscite
including, for that purpose only, the
direction and supervision of the State
forces and police
|
9. |
The Government of India should, at the
request of the Plebiscite Administration,
make available from the Indian forces
such assistance as the Plebiscite Administration
may require for the performance of its
functions. |
10.
|
|
|
(a) |
The
Government of India should agree
that a nominee of the Secretary-General
of the United Nations will be appointed
to be the Plebiscite Administrator;
|
(b) |
The
Plebiscite Administrator, acting
as an officer of the State of Jammu
and Kashmir , should have authority
to nominate his assistants and other
subordinates and to draft regulations
governing the plebiscite. Such nominees
should be formally appointed and
such draft regulations should be
formally promulgated by the State
of Jammu and Kashmir
|
(c) |
The Government of India should undertake
that the Government of Jammu and
Kashmir will appoint fully qualified
persons nominated by the Plebiscite
Administrator to act as special
magistrates within the State judicial
system to hear cases which in the
opinion of the Plebiscite Administrator
have a serious bearing on the preparation
for and the conduct of a free and
impartial plebiscite;
|
(d) |
The terms of service of the Administrator
should form the subject of a separate
negotiation between the Secretary-General
of the United Nations and the Government
of India. The Administrator should
fix the terms of service for his
assistants and subordinates;
|
(e) |
The Administrator should have the
right to communicate directly with
the Government of the State and
with the Commission of the Security
Council and, through the Commission,
with the Security Council, with
the Governments of India and Pakistan
and with their representatives with
the Commission. It would be his
duty to bring to the notice of any
or all of the foregoing (as he in
his discretion may decide) any circumstances
arising which may tend, in his opinion,
to interfere with the freedom of
the plebiscite.
|
|
11.
|
The
Government of India should undertake to
prevent, and to give full support to the
Administrator and his staff in preventing,
any threat, coercion or intimidation,
bribery or other undue influence on the
voters in the plebiscite, and the Government
of India should publicly announce and
should cause the Government of the State
to announce this undertaking as an international
obligation binding on all public authorities
and officials in Jammu and Kashmir.
|
12. |
The Government of India should themselves
and through the Government of the State
declare and make known that all subjects
of the State of Jammu and Kashmir, regardless
of creed, caste or party, will be safe
and free in expressing their views and
in voting on the question of the accession
of the State and that there will be freedom
of the press, speech and assembly and
freedom of travel in the State, including
freedom of lawful entry and exit.
|
13. |
The Government of India should use and
should ensure that the Government of the
State also use their best endeavours to
effect the withdrawal from the State of
all Indian nationals other than those
who are normally resident therein or who
on or since 15 August 1947 have entered
it for a lawful purpose.
|
14. |
The Government of India should ensure
that the Government of the State release
all political prisoners and take all possible
steps so that:
|
|
| (a) |
All
citizens of the State who have left
it on account of disturbances are
invited, and are free, to return
to their homes and to exercise their
rights as such citizens;
|
| (b) |
There is no victimization; |
| (c) |
Minorities in all parts of the State
are accorded adequate protection.
|
|
15. |
The Commission of the Security Council
should at the end of the plebiscite certify
to the Council whether the plebiscite
has or has not been really free and impartial.
|
C.
GENERAL PROVISIONS
|
16. |
The Governments of India and Pakistan
should each be invited to nominate a representative
to be attached to the Commission for such
assistance as it may require in the performance
of its task.
|
17. |
The commission should establish in Jammu
and Kashmir such observers as it may require
of any of the proceedings in pursuance
of the measures indicated in the foregoing
paragraphs.
|
18. |
The Security Council Commission should
carry out the tasks assigned to it herein. |
