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Takes note of the request communicated to the Government of Egypt and the Provisional Government of Israel by the Acting Mediator on the 26th October (S/1058) following upon the resolution adopted by the Security Council on 19th October 1948; and
Calls upon the interested Governments, without prejudice to their rights, claims or position with regard to a peaceful adjustment of the future situation of Palestine or to the position which the Members of the United Nations may wish to take in the General Assembly on such peaceful adjustment:
(1) To withdraw those of their forces which have advanced beyond the positions held on 14th October, the Acting Mediator being authorized to establish provisional lines beyond which no movement of troops shall take place;
(2) To establish, through negotiations conducted directly between the parties, or failing that, through the intermediaries in the service of the United Nations, permanent truce lines and such neutral or demilitarized zones as may appear advantageous, in order to ensure henceforth the full observance of the truce in that area. Failing on agreement, the permanent lines and neutral zones shall be established by decision of the Acting Mediator; and
Appoints a Committee of the Council, consisting of the five permanent Members together with Belgium and Colombia, to give such advice as the Acting Mediator may require with regard to his responsibilities under this resolution, and in the event that either party or both should fail to comply with sub-paragraphs (1) and (2) of the preceding paragraph of this resolution within whatever time limits the Acting Mediator may think it desirable to fix to study as a matter of urgency and to report to the Council on further measures it would be appropriate to take under Chapter VII of the Charter.
[The following resolution, providing for the immediate establishment of an armistice in Palestine, was adopted by the Security Council November 16, 1948.]
The Security Council
REAFFIRMING its previous resolutions concerning the establishment and implementation of the Truce in Palestine and, recalling particularly its Resolution of 15 July 1948 which determined that the situation in Palestine constitutes a threat to the peace within the meaning of Article 39 of the Charter;
TAKING NOTE that the General Assembly is continuing its consideration of the future government of Palestine in response to the request of the Security Council of 1 April 1948 (document S/714);
WITHOUT PREJUDICE to the actions of the Acting Mediator regarding the implementation of the Resolution of the Security Council of 4 November 1948;
Decides that, in order to eliminate the threat to the peace in Palestine and to facilitate the transition from the present Truce to permanent peace in Palestine, an armistice shall be established in all sectors of Palestine;
Calls upon the parties directly involved in the conflict in Palestine as a further provisional measure under Article 40 of the Charter, to seek agreement forthwith, by negotiations conducted either directly or through the Acting Mediator on Palestine, with a view to the immediate establishment of the Armistice including:
(a) the delineation of permanent armistice demarcation lines beyond which the armed forces of the respective parties shall not move;
(b) such withdrawal and reduction of their armed forces as will ensure the maintenance of the armistice during the transition to permanent peace in Palestine.
[This resolution, which takes into account the report of the Acting Mediator on the hostilities in southern Palestine, calls upon the Governments concerned for certain action and provides for consideration of the situation by the Committee of the Council set up by the resolution of November 4, was adopted by the Security Council December 29, 1948.]
The Security Council,
HAVING CONSIDERED the report of the Acting Mediator (document S/1152) on the hostilities which broke out in Southern Palestine on the 22 December,
Calls upon the Governments concerned : (i) to order an immediate cease-fire; (ii) to implement without further delay the resolution of the 4 No
vember and the instructions issued by the Acting Mediator in
accordance with paragraph 5 (1) of that resolution; and (iii) to allow and facilitate the complete supervision of the truce by
the United Nations observers; Instructs the Committee of the Council appointed on the 4 November to meet at Lake Success on the 7 January to consider the situation in Southern Palestine and to report to the Council on the extent to which the Governments concerned have by that date com- . plied with the present resolution and with the resolutions of 4 and 16 November;
Invites Cuba and Norway to replace as from 1 January the two retiring members of the Committee (Belgium and Colombia); and
Expresses the hope that the members of the Conciliation Commission appointed by the General Assembly on the 11 December will nominate their representatives and establish the Commission with as little delay as possible.
2. Resolutions on the Kashmir Case
[The following resolution, submitted jointly by the representatives of Belgium, Canada, China, Colombia, the United Kingdom, and the United States, providing for the operation and setting forth certain functions of the Kashmir Commission in relation to the dispute between India and Pakistan over the State of Jammu and Kashmir, was adopted by the Security Council April 21, 1948.]
The Security Council,
HAVING CONSIDERED the complaint of the Government of India concerning the dispute over the State of Jammu and Kashmir, having heard the representative of India in support of that complaint and the reply and counter complaints of the representative of Pakistan,
BEING strongly of opinion that the early restoration of peace and order in Jammu and Kashmir is essential and that India and Pakistan should do their utmost to bring about a cessation of all fighting,
NOTING with satisfaction that both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite,
CONSIDERING that the continuation of the dispute is likely to endanger international peace and security;
Reaffirms the Council's Resolution of January 17th,
Resolves that the membership of the Commission established by the Resolution of the Council of January 20th, 1948, shall be increased to five and shall include in addition to the membership mentioned in that Resolution, representatives of Belgium and Colombia and that if the membership of the Commission has not been completed within ten days from the date of the adoption of this Resolution the President of the Council may designate such other Member or Members of the United Nations as are required to complete the membership of five,
Instructs the Commission to proceed at once to the Indian subcontinent and there place its good offices and mediation at the disposal of the Governments of India and Pakistan with a view to facilitating the taking of the necessary measures, both with respect to the restoration of peace and order and to the holding of a plebiscite by the two Governments, acting in co-operation with one another and with the Commission and further instructs the Commission to keep the Council informed of the action taken under the Resolution, and to this end,
Recommends to the Governments of India and Pakistan the following measures as those which in the opinion of the Council are appropriate to bring about a cessation of the fighting and to create proper conditions for a free and impartial plebiscite to decide whether the State of Jammu and Kashmir is to accede to India or Pakistan.
A. Restoration of Peace and Order
1. The Government of Pakistan should undertake to use its best endeavours:
(a) 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 purposes of fighting and to prevent any intrusion into the State of such elements and any furnishing of material aid to those fighting in the State.
(b) To make known to all concerned that the measures indicated in this and the following paragraphs provide full freedom to all subjects of the State, regardless of creed, caste, or party, to express their views and to vote on the question of the accession of the State, and that therefore they should co-operate in the maintenance of peace and order. 2. The Government of India should :
(a) When it is established to the satisfaction of the Commission set up in accordance with the Council's Resolution of 20 January that the tribesmen are withdrawing and that arrangements for the cessation of the fighting have become effective, put into operation in consultation with the Commission a plan for withdrawing their own forces from Jammu and Kashmir and reducing them progressively to the minimum strength required for the support of the civil power in the maintenance of law and order,
(b) Make known that the withdrawal is taking place in stages and announce the completion of each stage;
(c) When the Indian forces shall have been reduced to the minimum strength mentioned in (a) above, arrange in consultation with the Commission for the stationing of the remaining forces to be carried out in accordance with the following principles : (i) That the presence of troops should not afford any intimidation
or appearance of intimidation to the inhabitants of the State, (ii) That as small a number as possible should be retained in forward
areas, (iii) That any reserve of troops which may be included in the total
strength should be located within their present Base area. 3. The Government of India should agree that until such time as the plebiscite administration referred to below finds it necessary to exercise the powers of direction and supervision over the State forces and police provided for in Paragraph 8 they will be held in areas to be agreed upon with the Plebiscite Administrator.
4. After the plan referred to in paragraph 2 (a) above has been put into operation, personnel recruited locally in each district should so far as possible be utilized for the re-establishment and maintenance of law and order with due regard to protection of minorities, subject to such additional requirements as may be specified by the Plebiscite Administration referred to in paragraph 7.
5. If these local forces should be found to be inadequate, the Commission, subject to the agreement of both the Government of India and the Government of Pakistan, should arrange for the use of such forces of either Dominion as it deems effective for the purpose of pacification. B. Plebiscite
6. The Government of India should undertake to ensure that the Government of the State invite the major political groups to designate responsible representatives to share equitably and fully in the conduct of the administration at the Ministerial level, while the plebiscite is being prepared and carried out.
7. The Government of India should undertake that there will be established in Jammu and Kashmir a Plebiscite Administration to hold a Plebiscite as soon as possible on the question of the accession of the State to India or Pakistan.
8. The Government of India should undertake that there will be delegated by the State to the Plebiscite Administration such powers as the latter considers necessary for holding a fair and impartial plebiscite including, for that purpose only, the direction and supervision of the State forces and police.
9. The Government of India should at the request of the Plebiscite Administration make available from the Indian forces such assistance as the Plebiscite Administration may require for the performance of its functions.
10. (a) The Government of India should agree that a nominee of the Secretary-General of the United Nations will be appointed to be the Plebiscite Administrator.