*RESOLUTION 39 (1948) SUBMITTED BY THE REPRESENTATIVE
OF BELGIUM AND ADOPTED BY THE SECURITY COUNCIL AT ITS 230TH
MEETING HELD ON 20 JANUARY, 1948. (DOCUMENT NO. S/654, DATED
THE 20TH JANUARY, 1948).
THE SECURITY COUNCIL
Considering that it may investigate any dispute
or any situation which might, by its continuance, endanger the
maintenance of international peace and security, and that, in
the existing state of affairs between India and Pakistan, such
an investigation is a matter of urgency,
Adopts the following resolution:
- A Commission of the Security Council is hereby
established, composed of representatives of three Members of the
United Nations, one to be selected by India, one to be selected
by Pakistan, and the third to be designated by the two so selected.Each
representative on the Commission shall be entitled to select his
alternates and assistants.
- The Commission shall proceed to the spot as quickly
as possible. It shall act under the authority of the Security
Council and in accordance with the directions it may receive from
it. It shall keep the Security Council currently informed of its
activities and of the development of the situation. It shall report
to the Security Council regularly, submitting its conclusions
and proposals.
- The Commission is invested with a dual function;
(1) to investigate the facts pursuant to Article 34 of the Charter
of the United Nations; (2) to exercise, without interrupting the
work of the Security Council, any mediatory influence likely to
smooth away difficulties, to carry out the directions given to
it by the Security Council; and to report how far the advice and
directions, if any, of the Security Council, have been carried
out.
- The Commission shall perform the functions described
in Clause C: (1) in regard to the situation in Jammu and Kashmir
State set out in the letter of the Representative of India addressed
to the President of the Security Council, dated 1 January 1948,
and in the letter from the Minister of Foreign Affairs of Pakistan
addressed to the Secretary-General, dated 15 January 1948; and
(2) in regard to other situations set out in the letter from the
Minister of Foreign Affairs of Pakistan addressed to the Secretary-General,
dated 15 January 1948, when the Security Council so directs.
- The Commission shall take its decision by majority
vote. It shall determine its own procedure. It may allocate among
its members, alternate members, their assistants, and its personnel
such duties as may have to be fulfilled for the realization of
its mission and the reaching of its conclusions.
- The Commission, its members, alternate members,
their assistants, and its personnel, shall be entitled to journey
separately or together, wherever the necessities of their task
may require, and, in particular within those territories which
are the theater of the events of which the Security Council is
seized.
- The Secretary-General shall furnish the Commission
with such personnel and assistance as it may consider necessary.
*The Security Council voted on this Resolution on
20-1-1948 with the following result:
Infavour: **Argentina, **Belgium, **Canada, China,
**Columbia, France, **Syria, U.K. and U.S.A
Against: None
Abstaining: Ukrainian S. S. R. and U. S. S. R.
**Non-Permanent Members of the Security Council.