501.BC Kashmir/12–2049: Telegram

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

top secret

1454. Following is text of Pakistan position as revised after McNaughton’s conversation with Zafrullah yesterday afternoon reference mytel 1452 of December 19:

  • “1. It is important to preserve the measure of agreement already reached between the two governments as represented by the two resolutions of the commission dated 13 August 1948 and 5 January 1949, which have been accepted by the two governments and which taken together cover all the stages from cease fire to the holding of the plebiscite.
  • 2. The differences between the two governments relate to matters of detail regarding the implementation of Part II of the commission’s resolution of 13 August 1948. Since these differences could not be resolved by mediation, the best and most expeditious manner of dealing with them is to submit them to arbitration.
  • 3. These differences relate to:

    (a).
    Withdrawal of the armed forces of India and Pakistan;
    (b).
    Azad forces; and
    (c).
    Northern areas.

    The programme of demilitarization envisaged in the commission’s resolutions of 13 August 1948 and 5 January 1949 consisted of the truce stage in which Pakistan forces and the bulk of the Indian forces were to withdraw and the plebiscite stage in which the plebiscite administrator was to determine the final disposal of the remaining Indian and State forces on the one hand and the Azad Kashmir forces on the other.

    The programme of demilitarization, whether taken in two distinct stages or combined into one stage covering the final disposal of all armed forces in the State, should proceed in such manner that the balance of security as between the areas on either side of the cease-fire line remains undisturbed and should lead to the establishment of conditions in which a free and impartial plebiscite can be held.

    . . . . . . . . . . . . . .

  • 4. If India is not agreeable to arbitration of the points of difference enumerated above, an effort should be made to reach an agreement [Page 1764] on them as soon as possible so that the dispute is resolved before the end of 1949.
  • 5. There is no objection to the replacement of UNCIP by a single representative of UN with full authority to implement the provisions of the two resolutions of the commission already accepted by India and Pakistan.
  • 6. Another method of expediting a settlement would be to telescope the two stages of demilitarization referred to above. Under such an arrangement the plebiscite administrator would be authorized to proceed to Kashmir at once and exercise in addition to his powers as plebiscite administrator the authority to effect the demilitarization of the State. He should also be given authority to arbitrate in matters of detail in the implementation of the agreement.”

Austin