PROPOSAL IN RESPECT OF JAMMU AND KASHIR MADE BY
GENERAL A.G.L. McNAUGHTON PRESIDENT OF THE SECURITY COUNCIL OF
THE UNITED NATIONS, PURSUANT TO THE DECISION OF THE SECURITY COUNCIL
TAKEN AT ITS 457TH MEETING, ON 22 DECEMBER, 1949.
- The principal considerations underlying the following
proposals of the President of the Security Council of the United
- To determine the future of Jammu and Kashmir
by the democratic method of the free and impartial plebiscite,
to take place as early as possible;
- Thus to settle this issue between the Governments
of India and Pakistan in accordance with the freely expressed
will of the inhabitants, as is desired by both Governments:
- To preserve the substantial measure of agreement
of fundamental principles which has already been reached between
the two Governments under the auspices of the United Nations
- To avoid unprofitable discussion of disputed
issues of the past, and to look forward into the future towards
the good-neighborly and constructive cooperation of the two great
DEMILITARISATION PREPARATORY TO THE PLEBISCITE
- There should be an agreed program of progressive
demilitarization, the basic principle of which should be the reduction
of armed forces on either side of the Cease-Fire Line by withdrawal,
disbandment and disarmament in such stages as not to cause fear
at any point of time to the people on either side of the Cease-Fire
Line. The aim should be to reduce the armed personnel in the State
of Jammu and Kashmir on each side of the Cease-Fire Line to the
minimum compatible with the maintenance of security and of local
law and order, and to a level sufficiently low and with the forces
so disposed that they will not constitute a restriction on the
free expression of opinion for the purposes of the plebiscite.
- The program of demilitarization should include
the withdrawal from the State of Jammu and Kashmir of the regular
forces of Pakistan; and the withdrawal of the regular forces of
India not required for purposes of security or for the maintenance
of local law and order on the Indian side of the Cease-Fire Line:
also the reduction, by disbanding and disarming, of local forces,
including on the one side the Armed Forces and Militia of the
State of Kashmir and on the other, the Azad Forces.
- The "Northern Area" should also be
included in the above program of demilitarization, and its administration
should, subject to United Nations supervision, be continued by
the existing local authorities.
SUGGESTED BASIS OF AGREEMENT
- The Governments of India and Pakistan should reach
agreement not later than 31 January 1950, in New York on the following
- The Government of Pakistan should give unconditional
assurance to the Government of India that they will deal effectively
within their own borders with any possibility of tribal incursion
into Jammu and Kashmir to the end that, under no circumstances,
will tribesmen be able unlawfully to enter the State of Jammu
and Kashmir from or through the territory of Pakistan. The Government
of Pakistan should undertake to keep the senior United Nations
military observer informed and to satisfy him that the arrangements
to this end are and continue to be adequate.
- The Governments of India and Pakistan should
confirm the continued and unconditional inviolability of the "Cease-Fire
- Agreement should be reached on the basic principles
of demilitarization outlined in paragraph 2 above.
- Agreement should be reached on the minimum forces
required for the maintenance of security and of local law and
order, and on their general disposition.
- Agreement should be reached on a date by which
the reduction of forces, to the level envisaged in paragraph 2
above, is to be accomplished.
- Agreement should be reached on the progressive
steps to be taken in reducing and redistributing the forces to
the level envisaged in paragraph 2 above.
- In respect to the foregoing matters, the Governments
of India and Pakistan should further agree that a United Nations
representative, to be appointed by the Secretary-General of the
United Nations in agreement with the two Governments, should supervise
the execution of the progressive steps in reduction and redistribution
of armed forces and that it should be the responsibility of this
United Nations representative to give assurance to the people
on both sides of the Cease-Fire Line that they have no cause for
fear at any stage throughout the process. The United Nations representative
should have the duty and authority
- of interpreting the agreements reached between
the parties pursuant to paragraph 3, sub-paragraphs (c), (d),
(e) and (f) above, and
- of determining, in consultation with the Governments
of India and Pakistan respectively, the implementation of the
plan for the reduction and redistribution of armed forces referred
to in paragraph 3 (f) above.
- When the agreed program of demilitarization preparatory
to the plebiscite has been accomplished to the satisfaction of
the United Nations representative, the Plebiscite Administrator
should proceed forthwith to exercise the functions assigned to
him under the terms of UNCIP resolution of 5 January 1949, which,
together with UNCIP resolution of 13 August 1948, was accepted
by the Governments of India and Pakistan and which are now reaffirmed
by these Governments except in so far as the provisions therein
contained as modified by the relevant provisions of this document.
The functions and powers of the Plebiscite Administrator remain
as setforth in UNCIP resolution of 5 January, 1949.
- The United Nations representative should be authorized
to make any suggestions to the Governments of India and Pakistan
which, in his opinion are likely to contribute to the expeditious
and enduring solution of the Kashmir question, and to place his
good offices at their disposal.