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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.
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