At the recent World Economic Forum (WEF) summit in Davos, Pakistan made a statement reaffirming its appeal to the United Nations (UN) and United States (US) for intervention in the Kashmir issue. Pakistan demanded that the UN Military Observer Group in India and Pakistan (UNMOGIP) should have access along the Line of Control (LoC). The nation also expressed its hope for US involvement in de-escalating their tensions with India and averting a potential nuclear conflict. India has consistently dismissed any third-party role in its bilateral relationship with Pakistan.
Understanding UN Military Observer Group in India and Pakistan (UNMOGIP)
UNMOGIP was established in January 1949, following the first war in Kashmir (1947-1948). After the conflict, India approached the United Nations Security Council (UNSC) to raise awareness of the Kashmir conflict amongst the members of the Security Council. In January 1948, the UNSC adopted Resolution 39, setting up the three-member United Nations Commission for India and Pakistan (UNCIP) to investigate and mediate the dispute. By April 1948, through its Resolution 47, the UNCIP was reformed into UNMOGIP.
United Nations Security Council Resolution 47
UNSC Resolution 47 is aimed at resolving the Kashmir conflict. Under its stipulations, Pakistan was required to pull back its nationals who had entered the state with intent to fight, and prevent future intrusions. The resolution also recast the five-member UNMOGIP, urging India and Pakistan to hold a plebiscite after restoring law and order. UNMOGIP’s purpose was to oversee the Cease Fire Line (CFL) that was established in Jammu and Kashmir in July 1949 under the Karachi Agreement. It is financed through the UN’s regular budget.
The Karachi Agreement
After the first Indo-Pak armed conflict in 1948, military representatives from Pakistan and India convened in Karachi and signed the Karachi Agreement on July 27, 1949 under the supervision of UNCIP. This agreement established a cease-fire line (CFL) in Kashmir.
| India’s Stand on Resolution 47 | Pakistan’s Stand on Resolution 47 |
|---|---|
| India rejected Resolution 47 as it ignored Pakistan’s military invasion and placed both nations on an equal diplomatic stage, dismissing Pakistan’s aggression. The Instrument of Accession (IoA) signed by the Maharaja of Kashmir was overlooked in the resolution. | Pakistan objected to even the minimum Indian forces’ presence in Kashmir, as required by the resolution. It sought equal representation in the state government for the leading party in Pakistani-held Kashmir i.e the Muslim Conference. |
Disagreement Over Role of UNMOGIP
As per India, UNMOGIP’s mandate, which was specifically related to the ceasefire line put into place by the Karachi Agreement, had expired. India has always held that UNMOGIP has outlived its utility and became irrelevant after the Simla Agreement and the consequent establishment of the Line of Control (LoC). On the other hand, Pakistan did not accept India’s position. The United Nations decided that the disagreement between both parties meant that termination of UNMOGIP would require a Security Council decision.
Simla Agreement
This agreement was birthed after the Bangladesh Liberation War in 1971, which resulted in Bangladesh’s independence. In July 1972, India and Pakistan agreed on certain principles to follow while managing relations with each other. These principles emphasized respect for each other’s territorial integrity and sovereignty, non-interference in each other’s internal affairs, respecting each others unity, political independence, sovereign equality, and refraining from hostile propaganda. Both nations committed to resolving differences peacefully, through bilateral means or other mutually agreed upon strategies. Despite their differing views on Resolution 47, both India and Pakistan welcomed UNMOGIP and agreed to cooperate with it.
