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The United Nations has played an important role in maintaining peace and order in Jammu and Kashmir soon after
the independence of India and Pakistan in 1947, when a
dispute erupted between the two States on the question
of Jammu and Kashmir. India took this matter to the UN
Security Council, which passed resolution 39 (1948) and
established the United Nations Commission for India
and Pakistan (UNCIP) to investigate the issues and mediate between the two countries. Following the cease-re
of hostilities, it also established the United Nations Military Observer Group for India and Pakistan (UNMOGIP) to monitor the cease-re line.
The UNCIP made three visits to the subcontinent between 1948 and 1949, trying to nd a solution agreeable to both India and Pakistan.[6] It reported to the
Security Council in August 1948 that the presence of
troops of Pakistan inside Kashmir represented a material change in the situation. A two-part process was
proposed for the withdrawal of forces. In the rst part,
Pakistan was to withdraw its forces as well as other Pakistani nationals from the state. In the second part, when
the Commission shall have notied the Government of
1 Overview
India that Pakistani withdrawal has been completed, India was to withdraw the bulk of its forces. After both
Following the outbreak of the Indo-Pakistani War of the withdrawals were completed, a plebiscite would be
1947, Indias Governor General Mountbatten ew to held.[7] The resolution was accepted by India but eecLahore On 1 November 1947 for a conference with tively rejected by Pakistan.[note 1]
Muhammad Ali Jinnah, proposing that, in all the princely
States where the ruler did not accede to a Dominion cor- The Indian government considered itself to be under leresponding to the majority population (which would have gal possession of Jammu and Kashmir by virtue of the
included Junagadh, Hyderabad as well Kashmir), the ac- accession of the state. The assistance given by Pakistan
cession should be decided by an `impartial reference to to the rebel forces and the Pakhtoon tribes was held to
the will of the people'. Jinnah rejected the oer.[1] The be a hostile act and the further involvement of the PakPrime Ministers Jawaharlal Nehru and Liaquat Ali Khan istan army was taken to be an invasion of Indian territory.
met again in December, where Nehru informed Khan of From the Indian perspective, the plebiscite was meant to
Indias intention to refer the dispute to the United Na- conrm the accession, which was in all respects already
tions under article 35 of the UN Charter, which allows complete, and Pakistan could[8]not aspire to an equal footthe member states to bring to the Security Council at- ing with India in the contest.
tention situations `likely to endanger the maintenance of The Pakistan government held that the state of Jammu
international peace'.[2]
and Kashmir had executed a Standstill Agreement with
India sought resolution of the issue at the UN Security Pakistan which precluded it from entering into agreeCouncil on 1 January 1948.[3] Following the set-up of the ments with other countries. It also held that the Maharaja
United Nations Commission for India and Pakistan had no authority left to execute accession because his peo(UNCIP), the UN Security Council passed Resolution 47 ple had revolted and he had to ee the capital. It believed
on 21 April 1948. The measure imposed an immediate that the Azad Kashmir movement as well as the tribal inPakistans
cease-re and called on the Government of Pakistan 'to cursions were indigenous and spontaneous, and
[9]
assistance
to
them
was
not
open
to
criticism.
secure the withdrawal from the state of Jammu and Kash-
2 HISTORY OF OPERATIONS
2.4
Beijing: The Communist government of the Peoples Republic of China maintains its control over what is known
as the Chinese Kashmir of Ladakh plateau, China states
that Aksai Chin is a part of Chinese provincial region the
Xinjiang Autonomous Region and does not recognise the
addition of Aksai Chin to the Kashmir region.
China did not accept the boundaries of the princely
state of Kashmir and Jammu, north of the Aksai
Chin and the Karakoram that were proposed by the
British Empire.[16]
China settled its border disputes with Pakistan in the
Trans-Karakoram Tract of 1963 with the provision
that the settlement was subject to the nal solution
of the Kashmir dispute.[17] However recognized by
Pakistan as part of China as it is claimed, stating
that the Line of Actual Control is not demarcated
or boundary undened, the frontier is yet to be nalised, between Islamabad and Beijing as part of
the Sino-Pak border agreement.
4 Map issues
Map of UN' version of the South Asia region
Map of UN's version of Pakistan
Map of UN's version of the Kashmir region
Map of UN's version of the Republic of India and
border areas
As with other disputed territories, each government issues maps depicting their claims in Kashmir as part of
their territory, regardless of actual control. It is illegal in
India to exclude all or part of Kashmir in a map. It is
also illegal in Pakistan not to include the state of Jammu
and Kashmir as disputed territory, as permitted by the
U.N. Non-participants often use the Line of Control and
the Line of Actual Control as the depicted boundaries, as
is done in the CIA World Factbook, and the region is often marked out in hashmarks, although the Indian government strictly opposes such practices. When Microsoft released a map in Windows 95 and MapPoint 2002, a controversy was raised because it did not show all of Kashmir as part of India as per Indian claim. However, all
the neutral and Pakistani companies claim to follow UN's
map and over 90% of all maps containing the territory of
Kashmir show it as disputed territory.
United Nations Military Observer Group in India and Pak- 5 See also
istan
6 Notes
[1] Korbel (1953, p. 502): Though India accepted the resolution, Pakistan attached to its acceptance so many reservations, qualications and assumptions as to make its answer `tantamount to rejection'.
[2] Korbel (1953, pp. 506507): When a further Security
Council resolution urged the governments of India and
Pakistan to agree within thirty days on the demilitarization of Kashmir, on the basis of Dr. Grahams recommendation, Pakistan once more accepted and India once
more refused....Dr. Graham met the Indian request for
retaining in Kashmir 21,000 men, but continued to propose 6,000 soldiers on the Azad side. Pakistan could not
accept the rst provision and India continued to insist on
its stand concerning the Azad forces. The meeting, which
ended in failure, was accompanied by bitter comments in
the newspapers of both India and Pakistan about United
Nations intervention in the Kashmir dispute.
[3]
7
Korbel (1953, p. 507): With the hindsight of six
years, the Councils approach, though impartial and
fair, appears to have been inadequate in that it did
not reect the gravity of the Kashmir situation....
The Security Council did not deal with either of
these arguments [Indias assumption of the legal validity of the accession and Pakistans refusal to recognize its validity]. Nor did it consider the possibility of asking the International Court of Justice for
an advisory opinion on the juridical aspect of the
conict under Article 96 of the Charter. Nor did it
invoke any provisions of Chapter VII of the Charter, which deals with `acts of aggression'.
Subbiah (2004, p. 180): From the beginning, the
Security Council framed the problem as primarily a
political dispute rather than looking to a major legal underpinning of the dispute: the Instrument of
Accessions validity or lack thereof.
[4]
Ankit (2013, p. 276): To Cadogan [Britains permanent representative at the UN], irrespective of
whether forces in question are organised or disorganised or whether they are controlled by, or enjoy
the convenience of, Government of Pakistan, India was entitled to take measures for self-defence:
repelling invaders, pursuing invaders into Pakistan
under Article 51 of the UN Charter and charging
Pakistan as aggressor under Article 35.
Ankit (2013, p. 279): Mountbatten, too, pleaded
directly with Attlee along political as well as personal lines: I am convinced that this attitude of
the United States and the United Kingdom is completely wrong and will have far reaching results.
Any prestige I may previously have had with my
Government has of course been largely lost by my
having insisted that they should make a reference
to the United Nations with the assurance that they
would get a square deal there.
References
REFERENCES
Sources
Ankit, Rakesh (2013), Britain and Kashmir, 1948:
The Arena of the UN"",
Diplomacy & Statecraft, 24 (2):
273290,
doi:10.1080/09592296.2013.789771, (subscription
required (help))
Bose, Sumantra (2003). Kashmir: Roots of Conict,
Paths to Peace. Harvard University Press. ISBN 0674-01173-2.
Korbel, Josef (1953), The Kashmir dispute
after six years, International Organization,
Cambridge University Press, 7 (4): 498510,
doi:10.1017/s0020818300007256,
JSTOR
2704850, (subscription required (help))
Noorani, A. G. (2014) [rst published in 2013 by
Tulika Books], The Kashmir Dispute, 1947-2012,
Oxford University Press, ISBN 978-0-19-940018-8
5
Subbiah, Sumathi (2004), Security Council Mediation and the Kashmir Dispute: Reections on Its
Failures and Possibilities for Renewal, Boston College International and Comparative Law Review, 27
(1): 173185
Varshney, Ashutosh (1992). Three Compromised
Nationalisms: Why Kashmir has been a Problem
(PDF). In Raju G. C. Thomas. Perspectives on Kashmir: the roots of conict in South Asia. Westview
Press. pp. 191234. ISBN 978-0-8133-8343-9.
External links
United Nations Military Observer Group in India
and Pakistan
UN Security Council Resolution 39 and 47
BBC Timeline on Kashmir conict
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