THE SECURITY COUNCIL,
Having received and noted the report of Sir Owen Dixon, the United Nations Representative
for
India and Pakistan on his mission initiated by the Security Council resolution 80 (1950)
of March
14, 1950.
Observing that the Governments of India and Pakistan have accepted the provisions of the
United
Nations Commission for India and Pakistan resolutions of 13 August, 1948, and 5 January,
1949,
and have re-affirmed their desire that the future of the State of Jammu and Kashmir shall
be decided
through the democratic method of a free and impartial plebiscite conducted under the
auspices of the
United Nations.
Observing that on 27 October, 1950, the General Council of the "All Jammu and Kashmir
National
Conference" adopted a resolution recommending the convening of a Constituent Assembly
for the
purpose of determining the "future shape and affiliations of the State of Jammu and
Kashmir";
observing further from statements of responsible authorities that action is proposed to
convene such
a Constituent Assembly and that the area from which such a Constituent Assembly would be
elected
is only a part of the whole territory of Jammu and Kashmir.
Reminding the Governments and authorities concerned of the principle embodied in its
resolutions 47
(1948) of 21 April 1948, 51(1948) of 3 June, 1948 and 80 (1950) of 14 March, 1950 and the
United Nations Commission for India and Pakistan resolutions of 13 August, 1948, and 5
January,
1949, that the final disposition of the State of Jammu and Kashmir will be made in
accordance with
the will of the people expressed through the democratic method of a free and impartial
plebiscite
conducted under the auspices of the United Nations.
Affirming that the convening of a Constituent Assembly as recommended by the General
Council of
the "All Jammu and Kashmir National Conference" and any action that Assembly
might attempt to
take to determine the future shape and affiliation of the entire State or any part thereof
would not
constitute a disposition of the State in accordance with the above principle.
Declaring its belief that it is the duty of the Security Council in carrying out its
primary responsibility
for the maintenance of international peace and security to aid the parties to reach an
amicable
solution of the Kashmir dispute and that a prompt settlement of this dispute is of vital
importance to
the maintenance of international peace and security.
Observing from Sir Owen Dixon's report that the main points of difference preventing
agreement
between the parties were:
(a) The procedure for and the extent of demilitarisation of the State preparatory to the
holding
of a plebiscite, and
(b) The degree of control over the exercise of the functions of Government in the State
necessary to ensure a free and fair plebiscite.
(1) Accepts, in compliance with his request, Sir Owen Dixon's resignation and expresses
its
gratitude to Sir Owen Dixon's resignation and expresses its gratitude to Sir Owen for the
great ability
and devotion with which he carried out his mission;
(2) Decides to appoint a United Nations Representative for India and Pakistan in
succession to Sir
Owen Dixon;
(3) Instructs the United Nations Representative to proceed to the sub-continent and, after
consultation with the Governments of India and Pakistan, to effect the demilitarisation of
the State of
Jammu and Kashmir on the basis of the United Nations Commission for India and Pakistan
resolutions of 13 August, 1948, and, 5 January, 1949;
(4) Calls upon the parties to co-operate with the United Nations Representative to the
fullest degree
in effecting the demilitarisation of the State of Jammu and Kashmir;
(5) Instructs the United Nations Representatives to report to the Security Council within
three
months from the date of his arrival on the sub-continent; if at the time of this report,
he has not
effected demilitarisation in accordance with paragraph three above, or obtained the
agreement of the
parties to a plan for effecting such demilitarisation, the United Nations Representative
shall report to
the Security Council those points of difference between the parties in regard to the
interpretation and
execution of the agreed resolutions of 13 August, 1948, and 5 January, 1949, which he
considers
must be resolved to enable such demilitarisation to be carried out;
(6) Calls upon the parties, in the event of their discussions with the United Nations
Representative
failing in his opinion to result in full agreement, to accept arbitration upon all
outstanding points of
difference reported by the United Nations representative in accordance with paragraph five
above.
Such arbitration to be carried 'out by an arbitrator, or a panel of arbitrators, to be
appointed by the
President of the International Court of Justice after consultation with the parties;
(7) Decides that the Military Observer Group shall continue to supervise the cease-fire in
the State;
(8) Requests the Governments of India and Pakistan to ensure that their cement regarding
the
cease-fire shall continue to be faithfully observed and calls them to take all possible
measures to
ensure the creation and maintenance of an atmosphere favourable to the promotion of
further
negotiations and to refrain from any likely to prejudice a just and peaceful settlement;
(9) Requests the Secretary-General to provide the United Nations Representative for India
and
Pakistan with such services and facilities as may be necessary in carrying out the terms
of this
resolution.
The Security Council voted on this Resolution on 30-3-51 with the following result:
In favour: Brazil, China, Ecuador, France, Netherlands, Turkey, U.K. and U.S.A.
Against: None
Abstaining: India, U.S.S.R. and Yugoslavia.