501.BC Kashmir/12–2849: Telegram
The United States Deputy Representative at the United Nations (Gross) to the Secretary of State
1478. Following is text of Pakistan reply to McNaughton’s proposals confidentially made available to us:
“My Dear General: I have the honour to refer to the proposals which you handed over to me on 22 December 1949, concerning settlement of the question of Jammu and Kashmir and to say that the Government of Pakistan have authorised me to communicate their acceptance of these proposals subject to the amendments set out in annexure I. As you will be pleased to observe, these amendments do [Page 1772] not seek to alter your proposals and were suggested to bring out more clearly the objective you have in view. They are confined to such of the amendments originally proposed by us as you were agreed might well be accepted as clarifications of intent. A memo explaining the amendments is enclosed (annexure II). Please accept the assurances of my highest consideration. (Signed) Zafrullah Khan.
Annexure I; amendments proposed by Pakistan to General McNaughton’s proposals of 22 December 1949:
- 1.
- Paragraph I(a). For the words ‘the future of Jammu and Kashmir’ substitute the following: ‘The question of the accession of the state of Jammu and Kashmir to India or Pakistan’.
- 2.
- Paragraph 2. At the end of sub-paragraph (a) of paragraph 2 add the following: ‘The final disposal of all forces remaining in the state will be determined by the PA under UNCIP’s resolution of 5 January 1949’.
- 3.
- Paragraph 3. Omit the words ‘to the Government of India’ in the first sentence of sub-paragraph 3(a).
- 4.
- Paragraph 4. Add the following as sub-clause 4(c): ‘of obtaining an assurance from the appropriate authorities on either side of the cease fire line and of making it publicly known throughout the state of Jammu and Kashmir that peace, law and order will be safeguarded and that all human and political rights will be guaranteed’.
- 5.
- Paragraphs. Put a full stop after the words ‘India and Pakistan’, and substitute the immediately following words ‘and which’ by the words ‘these resolutions’.
- 6.
- Paragraph 6. Omit the words ‘and enduring’.
Annexure II; explanations of amendments proposed by Pakistan in annexure I:
- 1.
- Paragraph 1(a). The phrase employed in the original is vague. The amendment seeks to substitute the accepted language of the preamble to the SC’s resolution of 21 April 1948, and of clause 1 of UNCIP’s resolution of 5 January 1949.
- 2.
- Paragraph 2. As is apparent from its heading, paragraph 2 of the proposals deals with ‘demilitarisation preparatory to the plebiscite’. The proposals do not affect the arrangements already arrived at with regard to the plebiscite stage. The concluding sentence of paragraph 5 of the proposals provides that ‘the functions and powers of the PA remain as set forth in UNCIP’s resolution of 5 January 1949’. These functions include the final disposal of all forces remaining in the state (vide clause 4). The amendment makes it clear that the final disposal of all forces remaining in the state after the programme of demilitarisation envisaged in paragraph 2 of the proposals has been carried out will be determined by the PA under UNCIP’s resolution of 5 January 1949.
- 3.
- Paragraph 3. The use of the words ‘to the Government of India’ in sub-paragraph 3 (a) might lead to difficulties and is open to serious objection. The assurance sought could be expressed in the terms or to the UN.
- 4.
- Paragraph 4. The amendment seeks to incorporate clause B–3 of part II of UNCIP’s resolution of 13 August 1948 in the proposals.
- 5.
- Paragraph 5. This is only a drafting change.
- 6.
- Paragraph 6. The use of the words ‘and enduring’ might give rise to misunderstanding as to the scope of the proposal.”