1. |
The question of the accession of the
State of Jammu and Kashmir to India
or Pakistan will be decided through
the democratic method of a free and
impartial plebiscite;
|
| 2. |
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; |
| 3. |
(a) |
The Secretary-General of the United
Nations will, in agreement with
the Commission, nominate a Plebiscite
Administrator who shall be a personality
of high international standing
and commanding general confidence.
He will be formally appointed
to office by the Government of
Jammu and Kashmir ..
|
| (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 |
(c) |
The Plebiscite Administrator shall
have authority to appoint such
staff of assistants and observes
as he may require.
|
|
| 4. |
|
| |
(a) |
After implementation of Parts
I and II of the Commission's resolution
of 13 August 1948, and when the
Commission is satisfied that peaceful
conditions have been restored
in the State, the Commission and
the Plebiscite Administrator will
determine, in consultation with
the Government of India, the final
disposal of Indian and State armed
forces, such disposal to be with
due regard to the security of
the State and the freedom of the
plebiscite.
|
| (b) |
As regards the territory referred
to in A.2 of Part II of the resolution
of 13 August, final disposal of
the armed forces in that territory
will be determined by the Commission
and the Plebiscite Administrator
in consultation with the local
authorities.
|
|
| 5. |
All
civil and military authorities within
the State and the principal political
elements of the State will be required
to co-operate with the Plebiscite Administrator
in the preparation for the holding of
the plebiscite. |
| 6. |
|
| |
(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. 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
. The Commission shall operate
under the direction of the Plebiscite
Administrator. The Governments
of India and Pakistan and all
authorities within the State of
Jammu and Kashmir will collaborate
with the Plebiscite Administrator
in putting this provision into
effect.
|
| (b) |
All
person (other than citizens of
the State) who on or since 15
August 1947 have entered it for
other than lawful purpose, shall
be required to leave the State.
|
|
| 7. |
All
authorities within the State of Jammu
and Kashmir will undertake to ensure,
in collaboration with the Plebiscite
Administrator, that:
|
| |
(a) |
There
is no threat, coercion or intimidation,
bribery or other undue influence
on the voters in the plebiscite;
|
| (b) |
No
restrictions are placed on legitimate
political activity throughout
the State. All subjects of the
State,
regardless of creed, caste or
party, shall be safe and free
in expressing their views and
in voting on the question of the
accession of the State to India
or Pakistan . 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 |
| (e) |
There
is no victimization.
|
|
| 8. |
The
Plebiscite Administrator may refer to
the United Nations Commission for India
and Pakistan problems on which he may
require assistance, and the Commission
may in its discretion call upon the
Plebiscite Administrator to carry out
on its behalf any of the responsibilities
with which it has been entrusted;
|
| 9. |
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
. The Commission shall then certify
to the Security Council whether the
plebiscite has or has not been free
and impartial;
|
| 10. |
Upon
the signature of the truce agreement
the details of the foregoing proposals
will be elaborated in the consultations
envisaged in Part III of the Commission's
resolution of 13 August 1948. The Plebiscite
Administrator will be fully associated
in these consultations;
|
Commends
the Governments of India and Pakistan
for their prompt action in ordering
a cease-fire to take effect from one
minute before midnight of 1 January
1949, pursuant to the agreement arrived
at as provided for by the Commission's
Resolution of 13 August 1948; and 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.
|
