RESOLUTION 47 (1948) ON THE INDIA-PAKISTAN QUESTION
SUBMITTED JOINTLY BY THE REPRESENTATIVES FOR 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 THE 21ST 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
in 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 would 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 Indian 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 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
- The Government of Pakistan should undertake to
use its best endeavors:
- 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 purposes 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;
- 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.
- The Government of India should:
- 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 support of the civil
power in the maintenance of law and order;
- Make known that the withdrawal is taking place
in stages and announce the completion of each stage;
- 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:
- That the presence of troops should not afford
any intimidation or appearance of intimidation to the inhabitants
of the State;
- That as small a number as possible should be
retained in forward areas;
- That any reserve of troops which may be included
in the total strength should be located within their present base
area.
- 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.
- 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 reestablishment
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.
- 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
- 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.
- 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.
- 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.
- 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.
-
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Government of India should use and should
ensure that the Government of the State also use their best endeavor
to effect the withdrawal from the State of all Indian nationals
other than those who are normally resident therein or who on or
since l5th August 1947 have entered it for a lawful purpose.
- The Government of India should ensure that the
Government of the State releases all political prisoners and take
all possible steps so that:
- 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;
- there is no victimization;
- minorities in all parts of the State are
accorded adequate protection.
- 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
- 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.
- 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.
- The Security Council Commission should carry
out the tasks assigned to it herein.
* The Security Council voted on this Resolution on
20-1-1948 with the following result:-
In favor: **Argentina, **Canada. China, France, **Syria,
U. K, and U. S. A
Against: None
Abstaining: **Belgium, **Columbia, **Ukrainian S.
S. R. . and U. S. S. R.
** Non-permanent Members of the Security Council.