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.
