Foreign Relations of the United States, 1951, Asia and the Pacific, Volume VI, Part 2

690D.91/9–1251: Telegram

The United States Representative at the United Nations (Austin) to the Secretary of State ¹

secret
priority

New York, September 12, 1951—8:45 p. m.

337. Kashmir–Graham’s 12-point plan. Re Deptel 540, Sept. 6, to New Delhi,² and Karachi’s No. 256, Sept 8. Malania³ (secretariat) has given us personally and in strictest confidence following text of Graham’s draft agreement, including 13th arbitration clause referred to para 4 Karachi’s 256:

“The Govt of India and Pakistan:

(1) Reaffirm their will not to resort to force and to adhere to peaceful procedures with regard to question of state of Jammu and Kashmir;

(2) Agree to assist in creating and maintaining an atmosphere favorable to promotion of friendly relations between the two countries and to appeal to their respective peoples to cooperate to this end;

(3) Reaffirm their will observe cease-fire of Jan 1, 1949⁴ and Karachi agreement July 27, 1949;⁵

(4) Reaffirm their acceptance of principle that question of accession of state Jammu and Kashmir to India or Pakistan will be decided through democratic method free and impartial plebiscite under auspices UN;

(5) Agree that demilitarization of state Jammu and Kashmir contemplated UNCIP res August 13, 1948 and Jan 5, 1949 shall be effected in single continuous process;

(6) Agree that this process demilitarization shall take place during period of ninety days;

(7) Agree that demilitarization referred to above shall be carried out in such a way that at end of period of ninety days forces on Pakistan side cease-fire line will consist of blank and India side of cease-fire line will consist of blank;

(8) Agree that disposition forces each side cease-fire line during and after ninety day period referred to above shall be so arranged as to involve no threat cease-fire agreement;

(9) Agree that India and Pakistan commanders-in-chief, under auspices of UN, will establish a programme of demilitarization in accordance with provisions of paras 5, 6, 7 and 8 above;

(10) Agree that Indian Govt will cause plebiscite administrator to be formally appointed to office on blank day of ninety day period referred to in para 6 above;

(11) Agree that completion of programme referred to in para-9 above will be without prejudice to functions and responsibilities of UN rep and plebiscite administrator as set forth in para 4 a and b of Jan 5, 1949 res;

(12) Agree that any difference of interpretation regarding programme of demilitarization will be referred to the military adviser, and if disagreement continues, to UN rep, whose decision should be final.

(13) Agree that any disagreement regarding interpretation of provisions this agreement will be settled by final decision of UN rep.”

Austin

1. This text of Graham’s draft agreement was repeated to New Delhi as telegram 606, to Karachi as telegram 299, and to London as telegram 1485. Each Embassy was at the same time informed that the Department of State had discussed the text in strictest confidence with representatives of the British Embassy in Washington and the United Kingdom Delegation to the United Nations (690D.91/9–1251).
2. See footnote 2, p. 1835.
3. Leo Malania, Special Assistant to the Executive Assistant to the U.N. Secretary-General.
4. The Governments of India and Pakistan had ordered the forces under their control in the State of Jammu and Kashmir to cease fire at 11:59 p. m., January 1, 1949 (S/1196, Annex VI), after accepting the proposals for the conditions of the plebiscite proposed by the U.N. Commission for India and Pakistan, successively embodied in the UNCIP Resolution of January 5, 1949 (S/1196).
5. At a meeting of military representatives of India and Pakistan held in Karachi under the auspices of a Truce Sub-committee of UNCIP, an agreement was signed on July 27 by which a cease-fire line was established as a complement to the suspension of hostilities in the State of Jammu and Kashmir (S/1340/Add. 1–Annex 26).