United Nations Security Council Resolution 126

Last updated
UN Security Council
Resolution 126
DateDecember 2 1957
Meeting no.808
CodeS/3922 (Document)
SubjectThe India–Pakistan Question
Voting summary
  • 10 voted for
  • None voted against
  • 1 abstained
ResultAdopted
Security Council composition
Permanent members
Non-permanent members

United Nations Security Council Resolution 126 was adopted on 2 December 1957. It was the last of three resolutions passed during 1957 to deal with the dispute between the governments of India and Pakistan over the territories of Jammu and Kashmir. It followed a report on the situation by Gunnar Jarring, representative for Sweden which the council had requested in resolution 123. It requests that the governments of India and Pakistan refrain from aggravating the situation, and instructs the United Nations Representative for India and Pakistan to visit the subcontinent and report to the council with recommended action toward further progress.

Contents

The resolution was passed by ten votes to one, with the Soviet Union abstaining.

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The Kashmir conflict is a territorial conflict primarily between India and Pakistan over the Kashmir region. The conflict started after the partition of India in 1947 as a dispute over the former princely state of Jammu and Kashmir and escalated into three wars between India and Pakistan and several other armed skirmishes. China has also been involved in the conflict in a third-party role. Both India and Pakistan claimed the entirety of the former princely state of Jammu and Kashmir, although Pakistan has recognized Chinese sovereignty over the Trans-Karakoram Tract and Aksai Chin since 1963. India controls approximately 55% of the land area of the region and 70% of its population, Pakistan controls approximately 30% of the land, while China controls the remaining 15%. India administers Jammu, the Kashmir Valley, most of Ladakh, and the Siachen Glacier. Pakistan administers Azad Kashmir and Gilgit-Baltistan. China administers the Aksai Chin region, the mostly uninhabited Trans-Karakoram Tract, and part of the Demchok sector.

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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-fire of hostilities, it also established the United Nations Military Observer Group in India and Pakistan (UNMOGIP) to monitor the cease-fire line.

United Nations Security Council Resolution 38, adopted on January 17, 1948, called upon the governments of India and Pakistan to refrain from in any way aggravating the situation in Kashmir and deploy any means at their disposal to improve it. It further requests both governments inform the council of any material changes in the situation while it is under the Council’s consideration.

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 commission of three members; one to be chosen by India, one to be chosen by Pakistan and the third to be chosen by the other two members of the commission. The commission was to write a joint letter advising the Security Council on what course of action would be best to help further peace in the region.

The United Nations Security Council Resolution 47, adopted on 21 April 1948, concerns the resolution of the Kashmir conflict. 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 subcontinent and help the governments of India and Pakistan restore peace and order to the region and prepare for a plebiscite to decide the fate of Kashmir.

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United Nations Security Council Resolution 80, adopted on March 14, 1950, having received the reports of the Commission for India and Pakistan, as well as a report from General A. G. L. McNaughton, the Council commended India and Pakistan for their compliance with the ceasefire and for the demilitarization of Jammu and Kashmir and agreement on Fleet Admiral Chester W. Nimitz as the future Plebiscite Administrator.

United Nations Security Council Resolution 91, adopted on March 30, 1951, noting a report by Sir Owen Dixon, the United Nations Representative for India and Pakistan, stating that the main point of difference of preparing the state of Jammu and Kashmir for the holding of a plebiscite were as follows; the procedure for and extent of demilitarization, the degree of control over the exercise of the functions of government necessary to ensure a free and fair plebiscite.

United Nations Security Council Resolution 96, adopted on November 10, 1951, having received a report by Mr. Frank Graham, the United Nations representative for India and Pakistan, as well as hearing his speech before the Council a basis for a program of demilitarization was noted with approval. The Council noted with gratification the declaration by both India and Pakistan that they would work for a peaceful settlement, continue to observe a cease-fire and accepted the principle that the accession of the State of Jammu and Kashmir should be determined by a free and impartial plebiscite under the auspices of the United Nations. The Council then instructed the UN Representative to continue in his efforts to obtain agreement of the parties on a plan for effecting the demilitarization of the State of Jammu and Kashmir and to report back on his efforts together with his view concerning the problems confided to him within six weeks.

United Nations Security Council Resolution 98, adopted on December 23, 1952, urged the Governments of India and Pakistan to enter into immediate negotiations under the auspices of the United Nations Representative for India and Pakistan in order to reach an agreement on the specific number of troops to remain of each side of the cease-fire line at the end of the previously established period of demilitarization. As proposed by the UN Representative this number was to be between 6000 Azad forces and 3500 Gilgit and northern scouts on the Pakistani side and 18000 Indian forces and 6000 local state forces on the Indian side. The resolution then thanked the UN Representative for his efforts, requested the Governments of India and Pakistan report to the Council no later than 30 days after the adoption of this resolution and asked the UN Representative to keep the Council informed of any progress.

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