Foreign Relations of the United States, 1948, The Near East, South Asia, and Africa, Volume V, Part 1

501.BC/1–648: Telegram

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

secret   us urgent

Washington, January 6, 1948—1 p. m.

5. Dept position re India-Pakistan dispute over Kashmir follows:

The Problem

The United Nations’ Security Council has been summoned to meet at 2:30 p. m. January 6, 1948 to consider India’s appeal for action against Pakistan in the Kashmir dispute.¹ The current paper is designed to deal exclusively with the case as it will probably develop in the initial stages of the Security Council consideration.

Recommendations

1. It is the opinion of the Department that the only solution acceptable to all parties concerned in the Kashmir problem will eventually be a determination, probably by plebiscite, of the wishes of the inhabitants of Jammu and Kashmir with respect to their long-term affiliation with either India or Pakistan, taking into account the possibility that some form of partition may be proposed.

2. It is understood that the reaction of the Pakistan delegation to the presentation of the Indian case will be to request a postponement of consideration of the case until it is able to present its reply. The United States delegation should support postponement of substantive consideration of the case without prejudice to any immediate provisional steps which the Security Council may deem necessary.

3. In the event that the Council reaches the latter determination, it is probable that this will be done at the instigation or inspiration of the British delegation and will take the form of proposing a “conservatory move” (provisional measure) under Article 40 of the Charter to freeze the situation, this proposal presumably to be followed by the early establishment of a United Nation’s Commission to proceed to the area. The United States would not oppose such a procedure provided that it would lead to the general objective indicated in para one above. To this end any resolution adopted by the Security Council should recognize the existence of a dispute between India and Pakistan related to the ultimate affiliation of the state of Jammu and Kashmir, and the willingness expressed by both governments to have this problem resolved by a fair determination of the will of the people of the state when conditions in the area permit. The resolution should recommend that the two Govts take all necessary action in cooperation to restore peace and order in the area, and to bring about a situation in which the will of the people of Jammu and Kashmir can be freely determined. The role of a Commission would thus be that of performing good offices between the two Govts.

4. It is apparent from the strength of the advisory group being sent to New York from London to supplement the present UK delegation at the United Nations in connection with the Indian complaint that the British are seriously concerned over the implications of the current situation. Indications are, however, that the British delegation, because of the peculiar position which the United Kingdom occupies vis-à-vis India and Pakistan, wishes to avoid assuming the overt leadership in any program adopted by the Security Council. Nevertheless, as the most directly concerned third govt, the British will find it difficult to avoid taking the lead in the present situation. Examination of other possibilities among Security Council members would point to the United States as the virtually inevitable second choice and, as between the British and ourselves, there is clearly no doubt that from the standpoint of both background and direct concern British initiative would be indicated. The Dept therefore feels that we should approach the British in order to come to an understanding in this sense and to assure the British of our desire to be helpful and to support their lead insofar as it is reconcilable with the United States position. The way for such collaboration and subsequent close consultation would seem already to have been cleared by full exchanges of views which have taken place between us and the British and which have made it appear that British objectives in this case are very similar to our own. If it becomes clear however that, because of historic connections of the British in India, it would be preferable for the United States rather than the British to introduce certain resolutions favored by both delegations, the possibility of such action on the part of the United States delegation should not be completely excluded.

5. In the last analysis, the United States recognizes that the problems involved are of such complexity that solutions, in order to be effective, must of necessity result from the joint action and cooperation of the two Governments directly involved. Such a solution does not, however, preclude the possibility of the Security Council establishing machinery for observation and/or conciliation which can contribute materially to the ultimate settlement.

Comment

A dossier containing full background material on the Kashmir dispute is in preparation in the Dept and will be available to the delegation to assist in the consideration of the cases presented by India and Pakistan.”

Marshall

1. India’s appeal was made in a letter of January 1, 1948, from the Permanent Representative of India at the United Nations, Purushottama P. Pillai, to the President of the Security Council. For text, see United Nations, Official Records of the Security Council, Third Year, Supplement for November 1948, pp. 139–144, Hereafter cited as SC, 3rd yr., Suppl.