United Nations Military Observer Group in India and Pakistan
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The United Nations has played an important role in maintaining peace and order in Jammu and Kashmir since the transfer of Power to India and independence to Pakistan in 1947. Immediately after the freedom a dispute erupted between India and the successor nation-state of Pakistan on the question of the very basis of accession of Jammu and Kashmir by the ruler. New Delhi took this matter to the United Nation and the Security Council passed resolution 39 (1948) and established the United Nations Commission for India and Pakistan (UNCIP) to investigate and mediate the issue.
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[edit] The democratic method of a free and impartial plebiscite
The Security Council of United Nations on the complaint of Government of India concerning the dispute over the State of Jammu and Kashmir passed United Nations Security Council Resolution 47 (1948). This resolution required among other things that Pakistan withdraw from the areas of Jammu and Kashmir which it had occupied in 1947 immediately and conditions be created for a free and impartial plebiscite to decide the future of the state after which India was also to withdraw the bulk of its forces.[1][2]
It recommended to the Governments of India and Pakistan to restore peace and order in Jammu and Kashmir and provide full freedom to all subjects of the state, to vote on the question of accession.
Furthermore, it recommended to the Government of India to establish Plebiscite Administration to hold fair and impartial referendum as soon as possible, a nominee of the Secretary-General of the United Nations to be appointed as the Plebiscite Administrator, release all political prisoners, invite the major political groups to share the administration at the ministerial level while the plebiscite is being prepared and carried out.
[edit] United Nations Military Observer Group in India and Pakistan
Resolution 47(1948) also enlarged the membership of the UNCIP and its role to observe ceasefire. India and Pakistan signed Karachi Agreement in March 1951 and established a ceasefire line to be supervised by observers. After the termination of UNCIP, the Security Council passed another resolution 91(1951) and established United Nations Military Observer Group in India and Pakistan (UNMOGIP) to observe and report violations of ceasefire.
After Indo-Pakistani War of 1971 the two countries signed Simla Agreement in 1972 to define the Line of Control in Kashmir. India and Pakistan disagree on UNMOGIP’s mandate in Kashmir because India argued that the mandate of UNMOGIP has lapsed after Simla agreement because it was specifically established to observe ceasefire according to Karachi Agreement.
However, The Secretary General of the United Nations maintained that the UNMOGIP should continue to function because no resolution has been passed to terminate it. India has restricted the activities of the UNMOGIP in its territory. It has, however, continued to provide accommodation, transport and other facilities to UNMOGIP. However, Pakistan has continued to cooperate with UNMOGIP.
