UN Military Observer Group in India and Pakistan | 12 Aug 2022
For Prelims: UNMOGIP, UNSC, UNCIP, Karachi Agreement, Shimla Agreement.
For Mains: Point of contention over UNMOGIP.
Why in News?
Recently, U.N. Secretary General has appointed Rear Admiral Guillermo Pablo Rios of Argentina as the Head of Mission and Chief Military Observer for the United Nations Military Observer Group in India and Pakistan (UNMOGIP).
What is UNMOGIP?
- It was established in January 1949.
- After the first war in Kashmir (1947-1948), India approached the United Nations Security Council (UNSC) to bring the conflict in Kashmir to the notice of Security Council members.
- In January 1948, the UNSC adopted Resolution 39, establishing the three-member United Nations Commission for India and Pakistan (UNCIP) to investigate and mediate the dispute.
- In April 1948, by its Resolution 47, the UNCIP was reconstituted as UNMOGIP.
What is the Function of UNMOGIP?
- The Karachi Agreement of July 1949 firmed up the role of UN-level military observers and permitted supervision of the Ceasefire Line established in Jammu and Kashmir.
- After the 1st Indo-Pak armed conflict in 1948 under the supervision of the UNCIP, military representatives of both Pakistan and India met in Karachi and signed the Karachi Agreement on 27th July 1949.
- It established a Cease-Fire Line (CFL) in Kashmir.
- UNMOGIP has six field stations in Pakistan-administered Kashmir (PAK) and four field stations in Indian-administered Kashmir (IAK) to monitor ceasefire.
- Following renewed hostilities of 1971, UNMOGIP has remained in the area to observe developments pertaining to the strict observance of the ceasefire of 17 December 1971 and report thereon to the UN Secretary-General.
Why does the UNMOGIP seem Contentious for India?
- India officially maintains that the UNMOGIP’s role was “overtaken” by the Simla Agreement of 1972 that established the Line of Control (LoC).
- In the Shimla Agreement, India and Pakistan agreed to move the ceasefire line to the Line of Control and to resolve their disputes bilaterally, without the intervention of a third party.
- Kashmir and the Pakistan-sponsored terrorism within now is largely an internal matter of India.
- Since 1972 India has not gone to UNMOGIP with complaints against Pakistan.
- In 2014, India requested that UNMOGIP cease operations in Kashmir, and the Ministry of External Affairs (MEA) reiterated in 2017 that UNMOGIP has no mandate to monitor the situation in Kashmir.
- Pakistan, on the other hand, does not accept the Indian argument and continues to seek cooperation from the UNMOGIP.
- As a result of these divergent policies, Pakistan continues to lodge complaints with the UNMOGIP against alleged Indian ceasefire violations.
What is United Nations Security Council Resolution 47?
- About:
- It is concerned with the resolution of the Kashmir conflict.
- According to it, Pakistan was to withdraw its nationals who had entered the State for the purpose of fighting and to prevent future intrusions.
- The five member UNMOGIP reconstituted through this resolution urged India and Pakistan to hold a plebiscite after the restoration of law and order.
- The UN Military Observer Group in India and Pakistan (UNMOGIP) was meant to supervise the Cease Fire Line (CFL) established in Jammu and Kashmir in July 1949 under the Karachi Agreement.
- UNMOGIP is funded through the UN's regular budget.
- India’s stand on Resolution 47:
- India rejected the UNSC Resolution 47 and maintained that the resolution ignored the military invasion by Pakistan and placed both nations on an equal diplomatic ground as a dismissal of Pakistan’s aggression.
- The Instrument of Accession (IoA) signed by the Maharaja of Kashmir was ignored in the resolution.
- Pakistan’s stand on Resolution 47:
- It objected to even the minimum presence of Indian forces in Kashmir, as mandated by the resolution.
- It wanted equal representation in the state government for the dominant party in Pakistani-held Kashmir i.e the Muslim Conference.