Primary texts pertaining to violations of international law in Indian-Administered Jammu and Kashmir.

UNCIP Resolution Jan 5 1949

GoI and GoP accepted the following principles:

The question of the accession of the Princely State to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite

A plebiscite will be held when UNCIP finds that the case-fire and truce arrangements set forth in UNCIP resolution of August 13, 1948 have been carried out and arrangements for the plebiscite have been completed

The UN Secretary-General will nominate a plebiscite administrator who will be a personality of high international standing and formally appointed by the Government of the Princely State

After the cease-fire and truce arrangements set forth in UNCIP resolution of August 13, 1948 are implemented and UNCIP is satisfied that peaceful conditions have been restored, UNCIP and the plebiscite administrator will, in consultation with GoI, determine the final disposal of Indian and Princely State armed forces

All citizens of the Princely State who have left it on account of the disturbances will be invited and be free to return and to exercise all their rights

All persons other than citizens of the Princely State who on or since August 15, 1947 have entered the state for other than lawful purpose will be required to leave

All authorities within the Princely State will undertake to ensure:

  • There is no threat, coercion, intimidation, bribery or other undue influence on voters
  • No restrictions are placed on legitimate political activity.  There shall be freedom of the press, speech, assembly and travel, including freedom of lawful entry and exit
  • All political prisoners are released
  • Minorities are accorded adequate protection
  • There is no victimization

Topics: international peace, international intervention, failure of bilateralism, demilitarization, right to self-determination, right of return, human rights, political rights, no intimidation, right to free press, right to free speech, right to free assemby, right to movement, political prisoners, minority rights

United Nations Commission for India and Pakistan

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

January 1949

UNCIP Resolution Jan 5 1949

GoI and GoP accepted the following principles:

The question of the accession of the Princely State to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite

A plebiscite will be held when UNCIP finds that the case-fire and truce arrangements set forth in UNCIP resolution of August 13, 1948 have been carried out and arrangements for the plebiscite have been completed

The UN Secretary-General will nominate a plebiscite administrator who will be a personality of high international standing and formally appointed by the Government of the Princely State

After the cease-fire and truce arrangements set forth in UNCIP resolution of August 13, 1948 are implemented and UNCIP is satisfied that peaceful conditions have been restored, UNCIP and the plebiscite administrator will, in consultation with GoI, determine the final disposal of Indian and Princely State armed forces

All citizens of the Princely State who have left it on account of the disturbances will be invited and be free to return and to exercise all their rights

All persons other than citizens of the Princely State who on or since August 15, 1947 have entered the state for other than lawful purpose will be required to leave

All authorities within the Princely State will undertake to ensure:

  • There is no threat, coercion, intimidation, bribery or other undue influence on voters
  • No restrictions are placed on legitimate political activity.  There shall be freedom of the press, speech, assembly and travel, including freedom of lawful entry and exit
  • All political prisoners are released
  • Minorities are accorded adequate protection
  • There is no victimization

Topics: international peace, international intervention, failure of bilateralism, demilitarization, right to self-determination, right of return, human rights, political rights, no intimidation, right to free press, right to free speech, right to free assemby, right to movement, political prisoners, minority rights

United Nations Commission for India and Pakistan

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

January 1949

UNCIP Resolution Aug 13 1948

Notes that GoI and GoP agree to a cease-fire in the Princely State, to refrain from taking any measures that might augment the military potential of their forces in the Princely State, to appeal to their respective peoples to assist in creating and maintaining an atmosphere to the promotion of further negotiations and to the following principles as a basis for a truce:
  • Since GoP troops in the Princely State constitutes a material change from GoP representations before UNSC, GoP agrees to withdraw its troops
  • GoP will use best endeavors to secure the withdrawal of tribesmen and Pakistani nationals not normally resident in the Princely State who have entered for the purpose of fighting
  • Pending a final solution, territory evacuated by Pakistan troops will be administered by local authorities under UNCIP surveillance
  • When UNCIP provides notice that tribesmen and Pakistani nationals not normally resident who have entered for the purpose of fighting have withdrawn thereby terminating the situation which was represented by GoI to UNSC as having occasioned the presence of GoI forces in the Princely State, GoI agrees to begin withdrawing the bulk of their forces
  • Pending acceptance of conditions for a final settlement, GoI will maintain within the case-fire line minimum forces necessary to assist local authorities in observing law and order (with UNCIP observers)
  • GoI will undertake to ensure that the Government of the Princely State will take all measures to make it publicly known that peace, law and order will be safeguarded and that all human and political rights will be guaranteed
  • GoI and GoP reaffirm their wish that the future status of the Princely State shall be determined in accordance with the will of the people and to that end, upon acceptance of a truce government, both GoI and GoP agree to enter into consultations with UNCIP to determine fair and equitable conditions whereby such free expression will be assured

Topics: international peace, international intervention, failure of bilateralism, demilitarization, human rights, political rights, right to free expression

United Nations Commission for India and Pakistan

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

August 1948

UNCIP Resolution Aug 13 1948

Notes that GoI and GoP agree to a cease-fire in the Princely State, to refrain from taking any measures that might augment the military potential of their forces in the Princely State, to appeal to their respective peoples to assist in creating and maintaining an atmosphere to the promotion of further negotiations and to the following principles as a basis for a truce:
  • Since GoP troops in the Princely State constitutes a material change from GoP representations before UNSC, GoP agrees to withdraw its troops
  • GoP will use best endeavors to secure the withdrawal of tribesmen and Pakistani nationals not normally resident in the Princely State who have entered for the purpose of fighting
  • Pending a final solution, territory evacuated by Pakistan troops will be administered by local authorities under UNCIP surveillance
  • When UNCIP provides notice that tribesmen and Pakistani nationals not normally resident who have entered for the purpose of fighting have withdrawn thereby terminating the situation which was represented by GoI to UNSC as having occasioned the presence of GoI forces in the Princely State, GoI agrees to begin withdrawing the bulk of their forces
  • Pending acceptance of conditions for a final settlement, GoI will maintain within the case-fire line minimum forces necessary to assist local authorities in observing law and order (with UNCIP observers)
  • GoI will undertake to ensure that the Government of the Princely State will take all measures to make it publicly known that peace, law and order will be safeguarded and that all human and political rights will be guaranteed
  • GoI and GoP reaffirm their wish that the future status of the Princely State shall be determined in accordance with the will of the people and to that end, upon acceptance of a truce government, both GoI and GoP agree to enter into consultations with UNCIP to determine fair and equitable conditions whereby such free expression will be assured

Topics: international peace, international intervention, failure of bilateralism, demilitarization, human rights, political rights, right to free expression

United Nations Commission for India and Pakistan

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

August 1948

UNSC Resolution 51 3 June 1948 S/RES/51

This resolution directed the Commission to proceed to the areas of dispute without delay “with a view to accomplishing in priority the duties assigned to it by resolution 47”.

Topics: international peace, international intervention, failure of bilateralism, demilitarization, right to self-determination, right to free expression, political rights, no intimidation, freedom of movement, right of return, minority rights, human rights

United Nations Security Council

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

June 1948

UNSC Resolution 51 3 June 1948 S/RES/51

This resolution directed the Commission to proceed to the areas of dispute without delay “with a view to accomplishing in priority the duties assigned to it by resolution 47”.

Topics: international peace, international intervention, failure of bilateralism, demilitarization, right to self-determination, right to free expression, political rights, no intimidation, freedom of movement, right of return, minority rights, human rights

United Nations Security Council

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

June 1948

UNSC Resolution 47 21 April 1948 S/RES/47

This resolution enlarged the membership of UNCIP and recommended measures that would bring about a cessation of the fighting and create the proper conditions for a free and impartial plebiscite to decide whether the State of Jammu and Kashmir would accede to India or Pakistan.

Topics: international peace, international intervention, failure of bilateralism, demilitarization, right to self-determination, right to free expression, political rights, no intimidation, freedom of movement, right of return, minority rights, human rights

United Nations Security Council

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

April 1948

UNSC Resolution 47 21 April 1948 S/RES/47

This resolution enlarged the membership of UNCIP and recommended measures that would bring about a cessation of the fighting and create the proper conditions for a free and impartial plebiscite to decide whether the State of Jammu and Kashmir would accede to India or Pakistan.

Topics: international peace, international intervention, failure of bilateralism, demilitarization, right to self-determination, right to free expression, political rights, no intimidation, freedom of movement, right of return, minority rights, human rights

United Nations Security Council

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

April 1948

UNSC Resolution 39 20 January 1948 S/RES/39

This resolution set up the UN Commission for India and Pakistan (UNCIP) to investigate the dispute between the two countries over Kashmir and exercise “mediatory influence”.

Topics: international peace, international intervention, failure of bilateralism

United Nations Security Council

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

January 1948

UNSC Resolution 39 20 January 1948 S/RES/39

This resolution set up the UN Commission for India and Pakistan (UNCIP) to investigate the dispute between the two countries over Kashmir and exercise “mediatory influence”.

Topics: international peace, international intervention, failure of bilateralism

United Nations Security Council

Posted to KLJP

November 23, 2023

Primary Texts

Originally published

January 1948