United Nations in Kashmir
Encyclopedia
The United Nations
has played an important role in maintaining peace and order in Jammu
and Kashmir
since the transfer of Power to India
and independence to Pakistan
in 1947. Immediately after the freedom a dispute erupted between India and the successor nation-state
of Pakistan on the question of the very basis of accession of Jammu and Kashmir by the ruler. New Delhi took this matter to the United Nation and the Security Council passed resolution 39
(1948) and established the United Nations Commission for India and Pakistan (UNCIP) to investigate and mediate the issue.
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.http://www.microsoft.com/presspass/features/2000/Dec00/12-06gps.asp
(1948).
, generally supported India. The elected Constituent Assembly
met for the first time in Srinagar
on October 31, 1951. Then The State Constituent Assembly ratified the accession of the State to the Union of India on February 6, 1954 and the President of India subsequently issued the Constitution (Application to J&K) Order under Article 370 of the Indian Constitution extending the Union Constitution to the State with some exceptions and modifications. The State’s own Constitution came into force on January 26, 1957 under which the elections to the State Legislative Assembly were held for the first time on the basis of adult franchise the same year. This Constitution further reiterated the ratification of the State’s accession to Union of India. New Delhi
: The Government of India
states that "the external artificial boundaries of the Republic of India, especially concerning the international borders under its jurisdiction created by a foreign body are neither correct nor authenticated".
Islamabad
: The Government of Pakistan
maintains un-provisionally and unconditionally stating that the informal "Accession of Jammu and Kashmir" to Pakistan or even to the Republic of India remains to be decided by UN plebiscite and a formal referendum for a final settlement of the dispute. It accepts UN's map of the territory. The designations and the presentation of the Kashmir
's regional map based on UNO
practice, do not imply the expression of any opinion whatsoever on the part of the Commonwealth Secretariat or the publishers concerning the legal status of any country, territory or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. There is no intention to define the status Jammu and Kashmir, which has not yet been agreed upon by the parties. It further says that boundaries must be based on historical, geographical and not political oreintated.
: The Communist government
of the People's Republic of China
maintains it's control over what is known as the Chinese Kashmir of Ladakh plateau, it is claimed and disputed by the Republic of India; however recognized by Pakistan
as part of China
as per its claim, stating that the Line of Actual Control
is not demarcated or boundary undefined, the frontier is yet to be finalised, between the states involved. See Sino-Pakistan Agreement
After Indo-Pakistani War of 1971
the two countries signed the Simla Agreement in 1972 to define the Line of Control in Kashmir. India and Pakistan disagree on UNMOGIP’s mandate in Kashmir because India argued that the mandate of UNMOGIP has lapsed after Simla agreement because it was specifically established to observe ceasefire according to Karachi Agreement.
However, The Secretary General of the United Nations maintained that the UNMOGIP should continue to function because no resolution has been passed to terminate it. The military authorities of Pakistan
have continued to lodge 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. They have, however, continued to provide accommodation, transport and other facilities to UNMOGIP.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
has played an important role in maintaining peace and order in Jammu
Jammu
Jammu , also known as Duggar, is one of the three administrative divisions within Jammu and Kashmir, the northernmost state in India.Jammu city is the largest city in Jammu and the winter capital of Jammu and Kashmir...
and Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
since the transfer of Power to India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and independence to Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
in 1947. Immediately after the freedom a dispute erupted between India and the successor nation-state
Nation-state
The nation state is a state that self-identifies as deriving its political legitimacy from serving as a sovereign entity for a nation as a sovereign territorial unit. The state is a political and geopolitical entity; the nation is a cultural and/or ethnic entity...
of Pakistan on the question of the very basis of accession of Jammu and Kashmir by the ruler. New Delhi took this matter to the United Nation and the Security Council passed resolution 39
United Nations Security Council Resolution 39
United Nations Security Council Resolution 39, adopted on January 20, 1948, offered to assist in the peaceful resolution of the Kashmir Conflict by setting up a committee of three members; one to be chosen by the India, one to be chosen by Pakistan and the third to be chosen by the other two...
(1948) and established the United Nations Commission for India and Pakistan (UNCIP) to investigate and mediate the issue.
Map issues
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 PakistanPakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
not to include the state of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
as disputed territory, as permitted by the U.N. Non-participants often use the Line of Control
Line of Control
The term Line of Control refers to the military control line between the Indian- and Pakistani-controlled parts of the former princely state of Jammu and Kashmir—a line which, to this day, does not constitute a legally recognized international boundary but is the de facto border...
and the Line of Actual Control
Line of Actual Control
The Line of Actual Control is the effective border between India and People's Republic of China . The LAC is 4,057-km long and traverses three areas of northern Indian states: western , middle and eastern...
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
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
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.http://www.microsoft.com/presspass/features/2000/Dec00/12-06gps.asp
UN Security Council plebiscite resolution
The Security Council of United Nations on the complaint of Government of India concerning the dispute over the State of Jammu and Kashmir passed United Nations Security Council Resolution 47United Nations Security Council Resolution 47
United Nations Security Council Resolution 47, adopted on April 21, 1948, after hearing arguments from both India and Pakistan the Council increased the size of the Commission established by United Nations Security Council Resolution 39 to five members, instructed the Commission to go to the...
(1948).
- This resolution required among other things that PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
withdraw from the areas of Pakistan-administered KashmirPakistan-administered KashmirAzad Kashmir borders the Pakistani provinces of Punjab and Khyber Pakhtunkhwa to the west, the Wakhan Corridor of Afghanistan to the north west, the Xinjiang Uyghur Autonomous Region of People's Republic of China to the north and the Indian-administered state of Jammu and Kashmir, to the east.A...
which it had captured in 1947 immediately and conditions be created for a free and impartial plebiscite to decide the future of the state, and Indian ArmyIndian ArmyThe Indian Army is the land based branch and the largest component of the Indian Armed Forces. With about 1,100,000 soldiers in active service and about 1,150,000 reserve troops, the Indian Army is the world's largest standing volunteer army...
to withdraw the forces. - It recommended to the governments of India and Pakistan to restore peace and order in Jammu and Kashmir and provide full freedom to all subjects of the state, to vote on the question of accession.
- Furthermore, it recommended to the government of India to establish Plebiscite Administration to hold fair and impartial referendum as soon as possible, a nominee of the Secretary-General of the United Nations to be appointed as the Plebiscite Administrator, release all political prisoners, invite the major political groups to share the administration at the ministerial level while the plebiscite is being prepared and carried out. UN Official statement: The boundaries and names shown and the designations used on the map do not imply official endorsement or acceptance by the United Nations. The Dotted line represents approximately the Line of ControlLine of ControlThe term Line of Control refers to the military control line between the Indian- and Pakistani-controlled parts of the former princely state of Jammu and Kashmir—a line which, to this day, does not constitute a legally recognized international boundary but is the de facto border...
of Jammu and KashmirJammu and KashmirJammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
agreed upon by the Republic of India and the Government of PakistanGovernment of PakistanThe Government of Pakistan is a federal parliamentary system, with an indirectly-elected President as the Head of State and Commander in Chief of the Pakistani Armed Forces, and an indirectly-elected Prime Minister as the Head of Government. The President’s appointment and term are...
since 1972. Both the parties have not yet agreed upon the final statusStatusStatus , is a state, condition, or situation.Status may also refer to:* Social status, in sociology** Achieved status** Ascribed status** Master status** Political status** Socioeconomic status** Sociometric status...
of the region and nothing significant has been implemented since the peace process began in 2004. See UN map of Jammu and KashmirJammu and KashmirJammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
, accepted by most countries of the world
Status of Kashmir in the Republic of India
Meanwhile, elections were held in Indian administered Jammu & Kashmir, which brought up the popular Muslim leader Sheikh Abdullah, who with his party National ConferenceJammu & Kashmir National Conference
The Jammu & Kashmir National Conference is a State political party in the state of Jammu and Kashmir, India. Led at the time of Indian Independence in 1947 by Sheikh Abdullah, it dominated electoral politics in the state for many decades...
, generally supported India. The elected Constituent Assembly
Constituent assembly of Jammu and Kashmir
Constituent assembly of Jammu and Kashmir was a body of representatives elected in 1951 to write the constitution of Jammu and Kashmir.-Background:...
met for the first time in Srinagar
Srinagar
Srinagar is the summer seasonal capital of Jammu and Kashmir. It is situated in Kashmir Valley and lies on the banks of the Jhelum River, a tributary of the Indus. It is one of the largest cities in India not to have a Hindu majority. The city is famous for its gardens, lakes and houseboats...
on October 31, 1951. Then The State Constituent Assembly ratified the accession of the State to the Union of India on February 6, 1954 and the President of India subsequently issued the Constitution (Application to J&K) Order under Article 370 of the Indian Constitution extending the Union Constitution to the State with some exceptions and modifications. The State’s own Constitution came into force on January 26, 1957 under which the elections to the State Legislative Assembly were held for the first time on the basis of adult franchise the same year. This Constitution further reiterated the ratification of the State’s accession to Union of India. New Delhi
New Delhi
New Delhi is the capital city of India. It serves as the centre of the Government of India and the Government of the National Capital Territory of Delhi. New Delhi is situated within the metropolis of Delhi. It is one of the nine districts of Delhi Union Territory. The total area of the city is...
: The Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
states that "the external artificial boundaries of the Republic of India, especially concerning the international borders under its jurisdiction created by a foreign body are neither correct nor authenticated".
Status of Azad Kashmir in Pakistan
However, these tidings were not recognized by Pakistan, which asks for a plebiscite to ascertain the wishes of the people. Pakistan set up its own Kashmir, called Azad Jammu and Kashmir in a tiny Western chunk that it controls. The much larger region of Pakistani Kashmir in the North-West, which was a special dependent territory named Northern Areas in the erstwhile state, generally bore no mention in Pakistani laws and Constitution as being of any status, until in 1982 the Pakistani President General Zia ul Haq proclaimed that the people of the Northern Areas were Pakistanis and had nothing to do with the State of Jammu and Kashmir.Islamabad
Islamabad
Islamabad is the capital of Pakistan and the tenth largest city in the country. Located within the Islamabad Capital Territory , the population of the city has grown from 100,000 in 1951 to 1.7 million in 2011...
: The Government of Pakistan
Government of Pakistan
The Government of Pakistan is a federal parliamentary system, with an indirectly-elected President as the Head of State and Commander in Chief of the Pakistani Armed Forces, and an indirectly-elected Prime Minister as the Head of Government. The President’s appointment and term are...
maintains un-provisionally and unconditionally stating that the informal "Accession of Jammu and Kashmir" to Pakistan or even to the Republic of India remains to be decided by UN plebiscite and a formal referendum for a final settlement of the dispute. It accepts UN's map of the territory. The designations and the presentation of the Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
's regional map based on UNO
Uno
-Games:* Uno , a kind of card game.** Uno for the Game Boy Color** Uno , the video game version of Uno.-Political organizations:* United Nations Organization, international organization...
practice, do not imply the expression of any opinion whatsoever on the part of the Commonwealth Secretariat or the publishers concerning the legal status of any country, territory or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. There is no intention to define the status Jammu and Kashmir, which has not yet been agreed upon by the parties. It further says that boundaries must be based on historical, geographical and not political oreintated.
Status of Aksai Chin in China
BeijingBeijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
: The Communist government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
maintains it's control over what is known as the Chinese Kashmir of Ladakh plateau, it is claimed and disputed by the Republic of India; however recognized by Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
as part of China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
as per its claim, stating that the Line of Actual Control
Line of Actual Control
The Line of Actual Control is the effective border between India and People's Republic of China . The LAC is 4,057-km long and traverses three areas of northern Indian states: western , middle and eastern...
is not demarcated or boundary undefined, the frontier is yet to be finalised, between the states involved. See Sino-Pakistan Agreement
Formation of UNMOGIP and current status of operations
Resolution 47(1948) also enlarged the membership of the UNCIP and its role to observe ceasefire. India and Pakistan signed Karachi Agreement in March 1951 and established a ceasefire line to be supervised by observers. After the termination of UNCIP, the Security Council passed another resolution 91(1951) and established United Nations Military Observer Group in India and Pakistan (UNMOGIP) to observe and report violations of ceasefire.After Indo-Pakistani War of 1971
Indo-Pakistani War of 1971
The Indo-Pakistani War of 1971 was a military conflict between India and Pakistan. Indian, Bangladeshi and international sources consider the beginning of the war to be Operation Chengiz Khan, Pakistan's December 3, 1971 pre-emptive strike on 11 Indian airbases...
the two countries signed the Simla Agreement in 1972 to define the Line of Control in Kashmir. India and Pakistan disagree on UNMOGIP’s mandate in Kashmir because India argued that the mandate of UNMOGIP has lapsed after Simla agreement because it was specifically established to observe ceasefire according to Karachi Agreement.
However, The Secretary General of the United Nations maintained that the UNMOGIP should continue to function because no resolution has been passed to terminate it. The military authorities of Pakistan
Military of Pakistan
The Pakistani Armed Forces are the military forces of Pakistan. They are the seventh largest in the world in terms of active troops...
have continued to lodge 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. They have, however, continued to provide accommodation, transport and other facilities to UNMOGIP.