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Set up in 1949,
UNMOGIP was deployed in January of that year to
supervise the ceasefire agreed between India and
Pakistan in the State of Jammu and Kashmir.
Since renewed hostilities in 1971, UNMOGIP
monitors the ceasefire called for by the United
Nations Security Council. |
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The
United Nations Military Observer Group in India and
Pakistan (UNMOGIP)
was deployed in January 1949 to supervise, in the State
of Jammu and Kashmir, the ceasefire between India and
Pakistan. Following the 1972 India-Pakistan agreement
defining a Line of Control in Kashmir, India took the
position that the mandate of UNMOGIP had lapsed.
Pakistan, however, did not accept this position. Given
that disagreement, the Secretary-General's position has
been that UNMOGIP can be terminated only by a decision
of the Security Council. In the absence of such a
decision, UNMOGIP has been maintained with the same
mandate and functions.
In
August 1947,
India and Pakistan became independent. Under the scheme
of partition provided by the Indian Independence Act of
1947, Kashmir was free to accede to India or Pakistan.
Its accession to India became a matter of dispute
between the two countries and fighting broke out later
that year.
In January 1948, the Security Council adopted
resolution 39 (1948), establishing the United
Nations Commission for India and Pakistan (UNCIP) to
investigate and mediate the dispute. In April 1948, by
its
resolution 47 (1948), the Council decided to enlarge
the membership of UNCIP and to recommend various
measures including the use of observers to stop the
fighting. In July 1949, India and Pakistan signed the
Karachi Agreement establishing a ceasefire line to be
supervised by the observers. On 30 March 1951, following
the termination of UNCIP, the Security Council, by its
resolution 91 (1951) decided that UNMOGIP should
continue to supervise the ceasefire in Kashmir.
UNMOGIP's functions were to observe and report,
investigate complaints of ceasefire violations and
submit its finding to each party and to the
Secretary-General.
At the end of 1971, hostilities again broke out between
India and Pakistan. When a ceasefire came into effect
again, a number of positions on both sides of the 1949
ceasefire line had changed hands. In July1972, India and
Pakistan signed an agreement defining a Line of Control
in Kashmir which, with minor deviations, followed the
same course as the ceasefire line established by the
Karachi Agreement in 1949. India took the position that
the mandate of UNMOGIP had lapsed, since it related
specifically to the ceasefire line under the Karachi
Agreement. Pakistan, however, did not accept this
position.
Given the disagreement between the two parties about
UNMOGIP's mandate and functions, the Secretary-General's
position has been that UNMOGIP could be terminated only
by a decision of the Security Council. The military
authorities of Pakistan have continued to lodge
complaints with UNMOGIP about ceasefire violations. The
military authorities of India have lodged no complaints
since January 1972 and have restricted the activities of
the UN observers on the Indian side of the Line of
Control. They have, however, continued to provide
accommodation, transport and other facilities to UNMOGIP. |
