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Old Monday, December 25, 2006
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Default Proposal in respect of Jammu and Kashmir made by Security Council

Proposal in respect of Jammu and Kashmir made by General A.G.L. McNaughton, President of the Security Council of the United Nations, pursuant to the decision of the Security Council taken at its 457th meeting, on 22 December, 1949.

The principal considerations underlying the following proposals of the President of the Security
Council of the United Nations are:

(a) To determine the future of Jammu and Kashmir by the democratic method of the free and
impartial plebiscite, to take place as early as possible; Thus to settle this issue between the
Governments of India and Pakistan in accordance with the freely expressed will of the inhabitants, as
is desired by both Governments;

(b) To preserve the substantial measure of agreement of fundamental principles which has already
been reached between the two Governments under the auspices of the United Nations.

(c) To avoid unprofitable discussion of disputed issues of the past and to look forward into the future
towards the good-neighbourly and constructive co-operation of the two great nations.

DEMILITARISATION PREPARATORY TO THE PLEBISCITE

2. There should be an agreed programme of progressive demilitarisation, the basic principle of which
should be the reduction of armed forces on either side of the Cease-Fire Line by withdrawal,
disbandment and disarmament in such stages as not to cause fear at any point of time to the people
on either side of the Cease-Fire Line. The aim should be to reduce the armed personnel in the State
of Jammu and Kashmir on both side of the Cease-Fire Line to the minimum compatible with the
maintenance of security and of local law and order, and to a level sufficiently low and with the forces
so disposed that they will not constitute a restriction on the free expression of opinion for the
purposes of the plebiscite.

The program me of demilitarisation should include the withdrawal from the State of Jammu and
Kashmir of the regular forces of Pakistan; and the withdrawal of the regular forces of India not
required for purposes of security or for the maintenance of local law and order on the Indian side of
the Cease-Fire Line; also the reduction, by disbanding and disarming, of local forces, including on
the one side the Armed Forces and Militia of the State of Kashmir and on the other, the Azad
Forces.

The "Northern Area" should also be included in the above programme of demilitarisation, and its
administration should, subject to United Nations supervision, be continued by the existing local
authorities.

SUGGESTED BASIS OF AGREEMENT

3. The Governments of India and Pakistan should reach agreement not later than 31 January 1950,
in New York on the following points;

(a) The Government of Pakistan should give unconditional assurance to the Government of
India that they will deal effectively within their own borders with any possibility of tribal
incursion into Jammu and Kashmir to the end that, under no circumstances, will tribesmen be
able unlawfully to enter the State of Jammu and Kashmir from or through the territory of
Pakistan. The Government of Pakistan should undertake to keep the senior United Nations
military observer informed and to satisfy him that the arrangements to this end are and
continue to be adequate.

(b) The Governments of India and Pakistan should confirm the continued and unconditional
inviolability of the "Cease-Fire Line

(c) Agreement should be reached on the basic principles of demilitarisation outlined in
paragraph 2 above.

(d) Agreement should be reached on the minimum forces required for the maintenance of
security and of local law and order, and on their general disposition.

(e) Agreement should be reached on a date by which the reduction of forces, to the level
envisaged in paragraph 2 above, is to be accomplished. Agreement should be reached on the
progressive steps to be taken in reducing and redistributing the forces to the level envisaged in
paragraph 2 above.

4. In respect to the foregoing matters, the Governments of India and Pakistan should further agree
that a United Nations representative, to be appointed by the Secretary-General of the United
Nations in agreement with the two Governments, should supervise the execution of the progressive
steps in reduction and redistribution of armed forces and that it should be the responsibility of this
United Nations representative to give assurance to the people on both sides of the Cease-Fire Line
that they have no cause for fear at any stage throughout the process.

The United Nations representative should have the duty and authority

(a) of interpreting the agreements reached between the parties pursuant to paragraph 3,
sub-paragraphs (c), (d), (e) and (f) above, and

(b) of determining, in consultation with the Governments of India and Pakistan respectively,
the implementation of the plan for the reduction and redistribution of armed forces referred to
in paragraph 3 (f) above.

5. When the agreed programme of demilitarisation preparatory to the plebiscite been accomplished
to the satisfaction of the United Nations representative, the Plebiscite Administrator should proceed
forthwith to exercise the functions assigned to him under the terms of UNCIP resolution of 5 January
1949, which, together with UNCIP resolution of 13 August 1948, was accepted by the
Governments of India and Pakistan and which are now reaffirmed by these Governments except in
so far as the provisions therein contained as modified by the relevant provisions of this document.
The functions and powers of the Plebiscite Administrator remain as set forth in UNCIP resolution of
5 January, 1949.

6. The United Nations representative should be authorised to make any suggestions to the
Governments of India and Pakistan which, in his opinion are likely to contribute to the expeditious
and enduring solution of the Kashmir question, and to place his good offices at their disposal.
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