Un Resolution

RESOLUTION 47 (1948) ON THE INDIA-PAKISTAN QUESTIONSUBMITTED JOINTLY BY THE REPRESENTATIVES OF BELGIUM, CANADA, CHINA, COLUMBIA, THE UNITED KINGDOM AND UNITED STATES OF AMERICA AND ADOPTED BY THE SECURITY COUNCIL AT ITS 286TH MEETING HELD ON 21 APRIL 1948.  (DOCUMENT NO. S/726 DATED 21 APRIL 1948).

THE SECURITY COUNCIL
Having considered the complaint of the Government of India concerning the dispute over the State of Jammu and Kashmir, having heard the representative of India in support of that complaint and the reply and counter complaints of the representative of Pakistan,

Being strongly of opinion that the early restoration of peace and order in Jammu and Kashmir is essential and that India and Pakistan should do their utmost to bring about cessation of all fighting,

Noting with satisfaction that both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite,
Considering that the continuation of the dispute is likely to endanger international peace and security,
Reaffirms its resolution 38 (1948) of 17 January 1948;

Resolves that the membership of the Commission established by its resolution 39 (1948) of 20 January 1948, shall be increased to five and shall include, in addition to the membership mentioned in that Resolution, representatives of….and…, and that if the membership of the Commission has not been completed within ten days from the date of the adoption of this resolution the President of the Council may designate such other Member or Members of the United Nations as are required to complete the membership of five;

Instructs the Commission to proceed at once to the India sub-continent and there place its good offices and mediation at the disposal of the Governments of India and Pakistan with a view to facilitating the taking of the necessary measures, both with respect to the restoration of peace and order and to the holding of a plebiscite by the two Governments, acting in co-operation with one another and with the Commission, and further instructs the Commission to keep the Council informed of the action taken under the resolution; and, to this end,

Recommends to the Governments of India and Pakistan the following measures as those which in the opinion of the Council and appropriate to bring about a cessation of the fighting and to create proper conditions for a free and impartial plebiscite to decide whether the State of Jammu and Kashmir is to accede to India or Pakistan.

 

A – RESTORATION OF PEACE AND ORDER
1. The Government of Pakistan should undertake to use its best endeavors:
(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 cooperate 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 39 (1948) 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 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 State;

(ii) That as small a number as possible should be retained
in forward areas;

 

(iii) Than 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 policy 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 such additional requirements as may be specified by the Plebiscite Administrator 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 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 Govern-
ment 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 Administration 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 the
                    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
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 Commision 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
       the Administrator and his staff in preventing any threat, coercion or
       or intimidation, bribery or other undue influence on the voters in the plebiscite,
       and the Government of India should publicly 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 endeavour to effect the withdrawal from the
       State of all Indian nationals other than those who are normally resident therein
       or who on or since 15th August 1947 have entered it for a lawful purpose.

14.  The Government of India should ensure that the Government of the State
       releases 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.

*The Security Council voted on the Resolution on 20-1-1948 with the following
  result:-
  In favour: **Argentina, **Canada, China, France, **Syria, U.K. and U.S.A.
  Against:  None
  Abstaining:  **Belgium, **Colombia, **Ukranian S.S.R., and U.S.S.R.
 
  **Non-permanent Members of the Security Council.