The Resolution of
the U.N. Security Council of August 13, 1948 to which Pakistan was a party
but observed it only in its breach reads:
The United Nations Commission for India and Pakistan.
Having given careful consideration to the points
of view expressed by the representatives of India and Pakistan regarding
the situation in the State of Jammu and Kashmir; and
Being of the opinion that the prompt cessation
of hostilities and the correction of conditions the continuance of which
is likely to endanger international peace and security are essential to
implementation of its endeavours to assist the Governments of India and
Pakistan in effecting a final settlement of the situation;
Resolves to submit simultaneously to the Governments
of India and Pakistan the following proposal:
PART I: CEASE-FIRE ORDER
A. The Governments of India and Pakistan agree
that their respective High Commands will issue separately and simultaneously
a cease-fire order to apply to all forces under their control in the State
of Jammu and Kashmir as of the earliest practicable date or dates to be
mutually agreed upon within four days after these proposals have been accepted
by both Governments.
B. The High Commands of the Indian and Pakistani
forces agree to refrain from taking any measures that might augment the
military potential of the forces under their control in the State of Jammu
(For the purpose of these proposals forces under
their control shall be considered to include all forces, organized and
unorganized, fighting or participating in hostilities on their respective
C. The Commanders-in-Chief of the forces of India
and Pakistan shall promptly confer regarding any necessary local changes
in present dispositions which may facilitate the ceasefire.
D. In its discretion and as the Commission may
find practicable, the Commission will appoint military observers who, under
the authority of the Commission and with the co-operation of both Commands,
will supervise the observance of the cease-fire order.
E. The Government of India and the Government
of Pakistan agree to appeal to their respective peoples to assist in creating
and maintaining an atmosphere favourable to the promotion of further negotiations.
PART II: TRUCE AGREEMENT
Simultaneously with the acceptance of the proposal
for the immediate cessation of hostilities as outlined in Part I, both
Governments accept the following principles as a basis for the formulation
of a truce agreement, the details of which shall be worked out in discussion
between their representatives and the Commission .
1. As the presence of troops of Pakistan in the
territory of the State of Jammu and Kashmir constitutes a material change
in the situation since it was represented by the Government of Pakistan
before the Security Council, the Government of Pakistan agrees to withdraw
its troops from that State.
2. The Government of Pakistan will use its best
endeavour to secure the withdrawal from the State of Jammu and Kashmir
of tribesmen and Pakistani nationals not normally resident therein who
have entered the State for the purpose of fighting.
3. Pending a final solution, the territory evacuated
by the Pakistani troops will be administered by the local authorities under
the surveillance of the Commission.
1. When the Commission shall have notified the
Government of India that the tribesmen and Pakistani nationals referred
to in Part II, A, 2 hereof have withdrawn, thereby terminating the situation
which was represented by the Government of India to the Security Council
as having occasioned the presence of Indian forces in the State of Jammu
and Kashmir, and further, that the Pakistani forces are being withdrawn
from the State of Jammu and Kashmir, the Government of India agrees to
begin to withdraw the bulk of its forces from that State in stages to be
agreed upon with the Commission.
2. Pending the acceptance of the conditions for
a final settlement of the situation in the State of Jammu and Kashmir,
the Indian Government will maintain within the lines existing at the moment
of the cease-fire the minimum strength of its forces which in agreement
with the Commission are considered necessary to assist local authorities
in the observance of law and order The Commission will have observers stationed
where it deems necessary.
3. The Government of India will undertake to ensure
that the Government of the State of Jammu and Kashmir will take all measures
within its powers to make it publicly known that peace, law and order will
be safeguarded and that all human and political rights will be guaranteed.
4. Upon signature, the full text of the truce
agreement or a communiqué containing the principles thereof as agreed upon
between the two Governments and the Commission, will be made public.
Government of India and the Government of Pakistan
reaffirm their wish that the future status of the State of Jammu and Kashmir
shall be determined in accordance with the will of the people and to that
end, upon acceptance of the truce agreement, both Governments agree to
enter into consultations with the Commission to determine fair and equitable
conditions whereby such free expression will be assured.