Foreign Relations of the United States, 1950, The Near East, South Asia, and Africa, Volume V

357.AB/2–2350: Telegram

The Deputy United States Representative at the United Nations ( Gross ) to the Secretary of State

secret
priority

New York , February 23, 1950—7:10 p. m.

181. Kashmir resolution follows in final form agreed to by cosponsors this afternoon. UK, Norway and Cuba have given final approval. We withheld final approval pending Department’s approval which is requested urgently. Ecuador might also become co-sponsor and there is outside possibility that Yugoslavia might also desire to do so.¹

It was agreed that confidential copies would be circulated to other members of SC and to parties Friday morning. Resolution will be tabled early in the meeting Friday and introduced during the course of the afternoon. It was the feeling of the other co-sponsors, led by Cadogan and Chauvel,² that there were serious risks involved in giving copies to parties several days before introduction. Possibilities of lobbying, of India persuading Yugoslavia or other SC member to introduce counter-resolution, and possibility that India in particular might advise us in advance of her flat rejection of resolution were given as reasons for avoiding such a course of action. We acquiesced in this attitude.

“Having received and noted the reports of the UN Commission for India and Pakistan, established by the resolutions of January 20 and April 21, 1948,³

Having also received and noted the report of General A. G. L. McNaughton on the outcome of his discussions with the representatives of India and Pakistan which were initiated in pursuance of the decision taken by the SC on December 17, 1949,⁴

Commending the Governments of India and Pakistan for their statesmanlike action in reaching the agreements embodied in the UNCIP resolution of August 13, 1948, and January 5, 1949, for a cease-fire, for the demilitarization of the State of Jammu and Kashmir and for the determination of its final disposition in accordance with the will of the people through the democratic method of a free and impartial plebiscite, and commending the parties in particular for their action in partially implementing these resolutions by

(1) The cessation of hostilities effected January 1, 1949

(2) The establishment of a cease-fire line on July 27, 1949, and

(3) The agreement that Fleet Admiral Chester W. Nimitz shall be plebiscite administrator,

Considering that the resolution of the outstanding difficulties should be based upon the substantial measure of agreement on fundamental principles already reached, and that steps should be taken forthwith for the demilitarization of the state and for the expeditious determination of its future in accordance with the freely expressed will of the inhabitants,

The Security Council,

1. Calls upon the Governments of India and Pakistan to make immediate arrangements, without prejudice to their rights or claims and with due regard to the requirements of law and order, to prepare and execute within a period of five months from the date of this resolution of a programme of demilitarization on the basis of the principles in Paragraph 2 of General A. G. L. McNaughton’s proposal or of such modifications of those principles as may be mutually agreed.

2. Decides to appoint a UN representative for the following purposes who shall have authority to perform his functions in such place or places as he may deem appropriate.

(a) To assist in the preparation and to supervise the implementation of the programme of demilitarization referred to above and to interpret the agreements reached by the parties for demilitarization.

(b) To place himself at the disposal of the Governments of India and Pakistan and to place before those governments or the Security Council any suggestions which, in his opinion, are likely to contribute to the expeditious and enduring solution of the dispute which has arisen between the two governments in regard to the State of Jammu and Kashmir;

(c) To exercise all of the powers and responsibilities devolving upon the UNCIP by reason of existing resolutions of the SC and by reason of the agreement of the parties embodied in the resolutions of the UNCIP of August 13, 1948, and January 5, 1949;

(d) To arrange at the appropriate stage of demilitarization for the assumption by the plebiscite administrator of the functions assigned to the latter under agreements made between the parties.

(e) To report to the SC as he may consider necessary submitting his conclusions and any recommendations which he may desire to make.

3. Requests the two governments to take all necessary precautions to ensure that their agreements regarding the cease-fire shall continue to be faithfully observed, and calls upon them to take all possible measures to ensure the creation and maintenance of an atmosphere favourable to the promotion of further negotiations.

4. Extends its best thanks to the members of the Commission for India and Pakistan and to General A. G. L. McNaughton for their arduous and fruitful labours.

5. Agrees that the Commission for India and Pakistan shall be terminated, and decides that this shall take place one month after both parties have informed the UN representative of their acceptance of the transfer to him of the powers and responsibilities of the UN Commission referred to in Paragraph 2(c) above.”

It was agreed that the naming of the UN representative would be left until later, at which time he could be named either in a final paragraph added to this resolution or in a separate resolution.

Gross

1. Ecuador and Yugoslavia did not join the list of cosponsors. The United States, together with the United Kingdom, Norway, and Cuba, tabled the draft resolution (Security Council Document S/1461) in the 467th meeting of the Security Council on February 24. See United Nations, Security Council Official Records, Fifth Year, No. 9.
2. Jean Michel Henri Chauvel, French Permanent Representative to the United Nations.
3. Security Council Documents S/654 and S/726, printed in United Nations, Security Council Official Records, Third Year: Resolutions and Decisions of the Security Council, 1948.
4. The Councils action of December 17 led to McNaughton’s efforts at conciliation. See United Nations, Security Council Official Records, Fourth Year (457th Meeting: 17 December 1949), No. 58.