Having
received and noted the report of Sir Owen Dixon,
the United Nations Representative for India
and Pakistan , on his mission initiated by the
Security Council resolution of 14 March 1950;
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Observing
that the Governments of India and Pakistan have
accepted the provisions of the United Nations
Commission for India and Pakistan resolutions
of 13 August 1948 and 5 January 1949 and of
the Security Council resolution of 14 March
1950, and have re-affirmed their desire that
the future of the State of Jammu and Kashmir
shall be decided through the democratic method
of a free and impartial plebiscite conducted
under the auspices of the United Nations;
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Observing
that on 27 October 1950 the General Council
of the “All Jammu and Kashmir National Conference”
adopted a resolution recommending the convening
of a Constituent Assembly for the purpose of
determining the “future shape and affiliations
of the State of Jammu and Kashmir”; observing
further from statements of responsible authorities
that action is proposed to convene such a Constituent
Assembly and that the area from which such a
Constituent Assembly would be elected is only
a part of the whole territory of Jammu and Kashmir;
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Reminding
the Governments and Authorities concerned of
the principle embodied in the Security Council
resolutions of 21 April 1948, 3 June 1948 and
14 March 1950 and the United Nations Commission
for India and Pakistan resolutions of 13 August
1948 and 5 January 1949, that the final disposition
of the State of Jammu and Kashmir will be made
in accordance with the will of the people expressed
through the democratic method of a free and
impartial plebiscite conducted under the auspices
of the United Nations;
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Affirming
that the convening of a Constituent Assembly
as recommended by the General Council of the
“All Jammu and Kashmir National Conference,”
and any action that Assembly might attempt to
take to determine the future shape and affiliation
of the entire State or any part thereof would
not constitute a disposition of the State in
accordance with the above principle;
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Declaring
its belief that it is the duty of the Security
Council in carrying out its primary responsibility
for the maintenance of international peace and
security to aid the parties to reach an amicable
solution of the Kashmir dispute and that a prompt
settlement of this dispute is of vital importance
to the maintenance of international peace and
security;
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Observing
from Sir Owen Dixon's report that the main points
of difference preventing agreement between the
parties were: |
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(a) |
The procedure
for and the extent of demilitarization
of the State preparatory to the holding
of a plebiscite, and
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| (b) |
(b)
The degree of control over the exercise
of the functions of government in the
State necessary to ensure a free and
fair plebiscite;
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The
Security Council, |
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1. |
Accepts, in compliance with his
request, Sir Owen Dixon's resignation
and expresses its gratitude to
Sir
Owen for the great ability and
devotion with which he carried
out his mission;
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| 2. |
Decides to appoint a United Nations
Representative for India and Pakistan
in succession to Sir Owen Dixon;
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| 3. |
Instructs
the United Nations Representative
to proceed to the Sub-continent
and , after consulation with the
Governments of India and Pakistan,
to effect the demilitarization
of the State of Jammu and Kashmir
on the basis of the United Nations
Commission for India and Pakistan
resolutions of 13 August 1948
and 5 January 1949;
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| 4. |
Calls
upon the parties to co-operate
with the United Nations Representative
to the fullest degree in effecting
the demilitarization of the State
of Jammu and Kashmir ;
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| 5. |
Instructs
the United Nations Representative
to report to the Security Council
within three months from the date
of his arrival on the Sub-continent.
If, at the time of this report,
he has not effected demilitarization
in accordance with paragraph 3
above, or obtained the agreement
of the parties to a plan for effecting
such demilitarization, the United
Nations Representative shall report
to the Security Council those
points of difference between the
parties in regard to the interpretation
and execution of the agreed resolutions
of 13 August 1948 and 5 January
1949 which he considers must be
resolved to enable such demilitarization
to be carried out;
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6. |
Calls
upon the parties, in the event
of their discussions with the
United Nations Representative
failing in his opinion to result
in full agreement, to accept arbitration
upon all outstanding points of
difference reported by the United
Nations Representative in accordance
with paragraph 5 above; such arbitration
to be carried out by an Arbitrator,
or a panel of Arbitrators, to
be appointed by the President
of the International Court of
Justice after consultation with
the parties;
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7. |
Decides
that the Military Observer group
shall continue to supervise the
cease-fire in the State;
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8. |
Requests
the Governments of India and Pakistan
to ensure that their agreement
regarding the cease-fire shall
continue to be faithfully observed
and calls upon them to take all
possible measures to ensure the
creation and maintenance of an
atmosphere favourable to the promotion
of further negotiations and to
refrain from any action likely
to prejudice a just and peaceful
settlement;
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| 9. |
Requests
the Secretary-General to provide
the United Nations Representative
for India and Pakistan with such
services and facilities as may
be necessary in carrying out the
terms of this resolution.
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