January 5, 1949 Resolution
The United Nations Commission for India and Pakistan, having given careful consideration to the points of view expressed by the Representatives of India and Pakistan regarding the future status of the State of Jammu and Kashmir, and
Having examined the proposals formulated by the Commission in its Resolution of 13 August 1948, and the amendments proposed by the Governments of India and Pakistan,
Resolves to make the following provisions supplementary to the Commission’s Resolution of 13 August 1948:
1 – The Question of Accession:
The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite.
2 – Plebiscite Administrator:
(a) A Plebiscite Administrator, who shall be a person of high international standing, will be nominated by the Secretary-General of the United Nations. The Plebiscite Administrator will be appointed to organize and conduct the plebiscite.
(b) The Plebiscite Administrator shall derive authority from the Government of Jammu and Kashmir to conduct the plebiscite in accordance with the terms of this resolution.
(c) The Plebiscite Administrator shall have authority to decide all questions of arrangements necessary for the freedom and fairness of the plebiscite.
3 – Conditions for the Plebiscite:
(a) All citizens of the State who have left it due to the conflict shall be invited to return and vote.
(b) There shall be freedom of press, speech, and assembly, as well as freedom of travel within the state.
(c) All political prisoners shall be released.
(d) Minorities in all parts of the state shall be accorded adequate protection.
(e) The plebiscite shall be conducted in a manner ensuring security and impartiality.
4 – Demilitarization:
(a) Pakistan shall withdraw all tribesmen and Pakistani nationals not ordinarily resident in Jammu and Kashmir who have entered the State for the purpose of fighting.
(b) India shall progressively reduce its forces to the minimum strength required for maintaining law and order.
5 – Implementation:
The Commission shall remain in close contact with the Governments of India and Pakistan to ensure the implementation of this resolution and facilitate a peaceful settlement.
Significance
The January 5 resolution is notable because it called for the resolution of the Kashmir dispute through a plebiscite. However, it limited the choices to accession either to India or Pakistan, excluding the option of independence. Additionally, the implementation of this resolution has been a matter of contention, as both India and Pakistan accused each other of non-compliance with its terms, particularly those relating to demilitarization.
This resolution remains central to the Kashmir dispute, often cited in discussions of the region’s political future and the principle of self-determination.