By Ather Naqvi
The presence of United Nations Military Observers Group in India and Pakistan (UNMOGIP) is once again in the limelight in the backdrop of tension at the Line of Control. Pakistan welcomes the UN’s presence at the LoC, India doesn’t. The Indian resentment comes at a time when Pakistan has briefed the UN group on the recent situation at the Line of Control, and seeks an investigation by them.
India argues that the role of UNMOGIP, which is assigned with the task of monitoring ceasefire along the LoC in the Indian occupied Kashmir, has been overtaken by the 1972 bilateral Simla agreement.
Pakistan has recently rejected the Indian claim saying, “No bilateral agreement between India and Pakistan has overtaken or affected the role or legality of UNMOGIP.” Pakistan’s Ambassador Masood Khan told this to the Security Council after his Indian counterpart, Hardeep Singh Puri, challenged the status of the 42-member observer group. The debate was convened by Pakistan, which holds the presidency of the Security Council for January.
Pakistan claims that the group monitors the ceasefire in accordance with the resolutions of the UN Security Council and has played an important role in monitoring peace along the LoC.
The group was created on 24 January, 1949 to supervise the ceasefire between India and Pakistan in the State of Jammu and Kashmir. These observers, under the command of the Military Advisor appointed by the UN Secretary-General, formed the core of the UNMOGIP. Following renewed hostilities of 1971, the UN group has remained in the area to observe developments pertaining to the strict observance of the ceasefire of 17 December 1971 and report to the Secretary-General.
The Security Council adopted resolution 39 (1948) in January 1948, establishing the United Nations Commission for India and Pakistan (UNCIP) to investigate and mediate in the dispute. In April 1948, by its resolution 47 (1948), the Council decided to increase the membership of UNCIP and to recommend various measures including the use of observers to stop the fighting. It was at the recommendation of UNCIP that the Secretary-General appointed the Military Adviser to support the Commission on military aspects and provided for a group of military observers to assist him.
The task of the observers was to accompany the local authorities in their investigations, gather information and report to the Secretary General.
These arrangements remained in effect until the conclusion of the Karachi Agreement on 27 July 1949, establishing a ceasefire line to be supervised by UN military observers. The Karachi Agreement specified that UNCIP would station observers where it deemed necessary, and that the ceasefire line would be verified mutually on the ground by local commanders on each side with the assistance of UN military observers. Disagreements were to be referred to the UNCIP military advisor, whose decision would be final.
On March 30, 1951, following the termination of UNCIP, the Security Council, by its resolution 91 (1951) decided that UNMOGIP should continue to supervise the ceasefire in Jammu and Kashmir.
In July 1972, India and Pakistan signed an agreement defining a Line of Control in Kashmir which almost completely followed the same course as the ceasefire line established by the Karachi Agreement in 1949.
India takes the position that the mandate of the group had lapsed since it related specifically to the ceasefire line under the Karachi Agreement. Pakistan, however, does not agree to this position.
Given the disagreement between the two countries over the group’s mandate and functions, the Secretary-General’s position has been that UNMOGIP could be terminated only by a decision of the Security Council. In the absence of such an agreement, UNMOGIP has been maintained with the same arrangements as established following December 1971 ceasefire.
And Pakistan is not alone in demanding the continuation of the group’s mandate. According to a news report, Chairman of All Parties Hurriyet Conference, Mirwaiz Umar Farooq, has said that the presence of UNMOGIP in Kashmir is highly imperative until political resolution of the Kashmir dispute. While addressing a seminar in Srinagar, he termed India’s suggestion to wind up the UNMOGIP at the UNSC debate as a joke.
The military authorities of Pakistan have many a times lodged 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.
The current strength of UNMOGIP as of November 30, 2012 is 39 military observers, 25 international civilian personnel, 48 local civilian staff. The military personnel come from Chile, Croatia, Finland, Italy, Philippines, Republic of Korea, Sweden, Thailand and Uruguay.
