The Kashmir Issue and UN

Subject :International relations

How Kashmir issue got internationalized:

Both the British government and Lord Mountbatten, who was the first Governor General of India after Independence from August 15, 1947 to June 21, 1948, believed that the UN could help resolve the Kashmir dispute.
Mountbatten suggested this to Muhammad Ali Jinnah at a meeting between the two men in Lahore on November 1, 1947.
After Nehru met Liaquat Ali Khan in Lahore the following month, Mountbatten was convinced that the deadlock was complete and the only way out now was to bring in some third party in some capacity or other.
India was not prepared to deal with Pakistan on an equal footing. But in December 1947, Nehru agreed to refer the dispute to the UN under article 35 of the UN Charter.
Consequently, on December 31, 1947, Nehru wrote to the UN secretary general accepting a future plebiscite in Jammu and Kashmir.
The UN Security Council took up the matter in January 1948.
India was unhappy with the role played by the British delegate, Philip Noel-Baker, who it believed was nudging the Council towards Pakistan’s position.
On January 20, 1948, the Security Council passed a resolution to set up the United Nations Commission for India and Pakistan (UNCIP) to investigate the dispute and to carry out any mediatory influence likely to smooth away difficulties.

What is the difference between Article 35 and Article 51 of UN Charter

There has been some debate on whether India chose the wrong path to approach the UN.
Article 35 only says that any member of the UN may take a dispute to the Security Council or General Assembly
Whereas Article 51 says that a UN member has the “inherent right of individual or collective self-defence” if attacked, till such time that the Security Council has taken measures necessary to maintain international peace and security.

What is United Nations Security Council Resolution 47

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 UN Military Observer Group in India and Pakistan (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.

What is Karachi Agreement:

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 27 July 1949.
It established a cease-fire line (CFL) in Kashmir.

What is UN Military Observer Group in India and Pakistan (UNMOGIP)

It was established in January 1949.
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.
UNMOGIP has 44 military observers, 25 international civilian personnel from 10 countries and 47 local civilian staff.
The headquarter of UNMOGIP is Islamabad (November to April) and Srinagar (May to October)

What is the Function of UNMOGIP

UNMOGIP’s military observers conduct field tasks like field trip, area recce, field visit and observation post along LoC.
As part of the 1949 Karachi Agreement, it also conducts investigations into alleged ceasefire violation complaints, which two parties i.e India and Pakistan can submit to it.
Its findings of investigations are shared with the UN Secretary-General and summary of investigations with two parties.
UNMOGIP has six field stations in Pakistan-administered Kashmir (PAK) and four field stations in Indian-administered Kashmir (IAK) to monitor ceasefire.