Resolution adopted at the meeting of the United Nations Commission for India and Pakistan on 5 January, 1949.

(Document No. 5/1196 para. 15, dated the 10th January, 1949).

THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN

Having received from the Governments of India and Pakistan in Communications, dated December

23 and December 25, 1948, respectively their acceptance of the following principles which are

supplementary to the Commission's Resolution of August 13, 1948;

1. The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be

decided through the democratic method of a free and impartial plebiscite;

2. A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce

arrangements set forth in Parts I and II of the Commission's resolution of 13 August 1948, have

been carried out and arrangements for the plebiscite have been completed;

3.

(a) The Secretary-General of the United Nations will, in agreement with the Commission,

nominate a Plebiscite Administrator who shall be a personality of high international standing

and commanding general confidence. He will be formally appointed to office by the

Government of Jammu and Kashmir.

(b) The Plebiscite Administrator shall derive from the State of Jammu and Kashmir the

powers he considers necessary for organising and conducting the plebiscite and for ensuring

the freedom and impartiality of the plebiscite.

(c) The Plebiscite Administrator shall have authority to appoint such staff or assistants and

observers as he may require.

4.

(a) After implementation of Parts I and II of the Commission's resolution of 13 August 1948,

and when the Commission is satisfied that peaceful conditions have been restored in the State,

the Commission and the Plebiscite Administrator will determine, in consultation with the

Government of India, the final disposal of Indian and State armed forces, such disposal to be

with due regard to the security of the State and the freedom of the plebiscite.

(b) As regards the territory referred to in A 2 of Part II of the resolution of 13 August, final

disposal of the armed forces in that territory will be determined by the Commission and the

Plebiscite Administrator in consultation with the local authorities.

5. All civil and military authorities within the State and the principal political elements of the State will

be required to co-operate with the Plebiscite Administrator in the preparation for and the holding of

the plebiscite.

6.

(a) All citizens of the State who have left it on account of the disturbances will be invited and

be free to return and to exercise all their rights as such citizens. For the purpose of facilitating

repatriation there shall be appointed two Commissions, one composed of nominees of India

and the other of nominees of Pakistan.

The Commissions shall operate under the direction of the Plebiscite Administrator. The

Governments of India and Pakistan and all authorities within the State of Jammu and Kashmir

will collaborate with the Plebiscite Administrator in putting this provision to effect.

(b) All persons (other than citizens of the State) who on or since 15 August 1947, have

entered it for other than lawful purpose, shall be required to leave the State.

7. All authorities within the State of Jammu and Kashmir will undertake to ensure in collaboration

with the Plebiscite Administrator that:

(a) There is no threat, coercion or intimidation, bribery or other undue influence on the voters

in plebiscite;

(b) No restrictions are placed on legitimate political activity throughout the State. All subjects

of the State, regardless of creed, caste or party, shall be safe and free in expressing their

views and in voting on the question of the accession of the State to India or Pakistan. There

shall be freedom of the Press, speech and assembly and freedom of travel in the State,

including freedom of lawful entry and exit;

(c) All political prisoners are released;

(d) Minorities in all parts of the State are accorded adequate protection; and

(e) There is no victimisation.

8. The Plebiscite Administrator may refer to the United Nations Commission for India and Pakistan

problems on which he may require assistance, and !he Commission may in its discretion call upon

the Plebiscite Administrator 1o carry out on its behalf any of the responsibilities with which it has

been entrusted;

9. At the conclusion of the plebiscite., the Plebiscite Administrator shall report the result thereof to

the Commission and to the Government of Jammu and Kashmir. The Commission shall then certify

to the Security Council whether the Plebiscite has or has not been free and impartial;

10. Upon the signature of the truce agreement the details of the foregoing proposals will be

elaborated in the consultation envisaged in Part III of the Commission's resolution of 13 August

1948. The Plebiscite Administrator will be fully associated in these consultations;

Commends the Governments of India and Pakistan for their prompt action in ordering a cease-fire to

take effect from one minute before midnight of first January 1949, pursuant to the agreement arrived

at as provided for by the Commission's resolution of 13 August 1948; and Resolves to return in the

immediate future to the sub-continent to discharge the responsibilities imposed upon it by the

resolution of 13 August 1948, and by the foregoing principles.

The UNCIP unanimously adopted this Resolution on 5-1-1949. Members of the

Commission: Argentina, Belgium, Colombia, Czechoslovakia and U.S.A.

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