Following the partition of India and Pakistan in 1947, the State of Jammu and Kashmir was one of the princely states which became free under the partition plan. At first, the Hindu Maharajah of this state, with a largely Muslim population, sought to avoid joining either India or Pakistan. However, when Pathan tribesmen invaded from Pakistan, he acceded to union with India on October 24, 1947, and Indian army units were dispatched to his assistance.
In January 1948, India complained to the Security Council that Pakistani tribesmen, with Pakistan's support, were invading Kashmir and that extensive fighting was taking place. Pakistan denied the charges and declared Kashmir's accession to India illegal. It also called for the Security Council to consider the question of Jammu and Kashmir.
On January 17, 1948, the Security Council adopted resolution 38. The resolution called for restraint on both sides and suggested that the parties take part in direct talks. On January 19th, the Security Council adopted resolution 39 which established the United Nations Commission for India and Pakistan to investigate and mediate the crisis. The commission was originally composed of representatives from Argentina, Czechoslovakia and the United States. It was subsequently expanded to include Belgium and Canada. On April 21st, the Security Council passed resolution 47 which recommended several measures, including a cease-fire and a plebiscite. To assist in carrying out these measures, the Council dispatched the commission to the region to place its good offices at the disposal of the parties. The commission made proposals on a cease-fire and troop withdrawals and proposed that the accession of Jammu and Kashmir be decided by plebiscite. Both sides accepted.
On January 1, 1949, the cease fire came into effect. On that date, the United Nations Military Observer Group in India and Pakistan (UNMOGIP) arrived in Kashmir to monitor the situation. On July 18th, a cease-fire line was established in Jammu and Kashmir, under an agreement between India and Pakistan reached under the auspices of the commission. Initially, the two countries also accepted the proposal for a plebiscite. However, the commission was unable to reach agreement with the parties on the terms of demilitarization of the Jammu and Kashmir before a plebiscite could be held. On March 14, 1950, the Security Council adopted resolution 80, by which it decided to terminate the Commission. At the same time, however, the Security Council appointed Sir Owen Dixon as UN Representative for India and Pakistan. Despite mediation by various United Nations representatives significant differences remained between the two countries and the problem came before the Security Council at various times between 1950 and 1964.
Hostilities between India and Pakistan over the Kashmir region broke out again in August 1965. On September 4th, the Security Council adopted resolution 209 which called for an immediate cease-fire. Since these hostilities extended beyond the Kashmir cease-fire line, Secretary-General U Thant decided to establish another UN mission, the United Nations India-Pakistan Observation Mission (UNIPOM), to supervise the cease-fire along the India-Pakistan border. However, UNIPOM was viewed as a temporary measure for supervising a cease-fire in this region.
In January 1966, a plan and ground rules for withdrawals were worked out between Indian and Pakistani officials. On January 10th, the Prime Minister of India and the President of Pakistan agreed to withdraw their troops to positions held before August 5, 1965. The withdrawal was carried out in February 1966 under the supervision of UNMOGIP and UNIPOM military observers. The UNIPOM mandate was completed in March 1966.
In July 1972, India and Pakistan signed the Simla Agreement defining a Line of Control in Kashmir which followed the approximate course of the cease-fire line established in the 1949 Karachi agreement. In the Simla Agreement, both sides undertook to "settle their differences by peaceful means" and committed themselves to "a final settlement of Jammu and Kashmir."
In July 1990, India and Pakistan started talks to discuss various issues, including the status of Jammu and Kashmir. By January 1994, several rounds of talks were held at the Foreign Secretary level with limited success. In the absence of an agreement, UNMOGIP observers continue to be deployed along both sides of the cease-fire line established under the Simla Agreement. Although India provides UNMOGIP with the same administrative facilities as before, it has restricted the activities of the observers on its side of the Line of Control on the grounds that the Karachi agreement has ceased to be operative and UNMOGIP's mandate has, therefore, lapsed.
From Basic Facts About the United Nations. Published by United Nations Department of Public Information. Copyright 1995 United Nations.
