[House Document 104-11]
[From the U.S. Government Publishing Office]
104th Congress, 1st Session - - - - - - - - - - - - - House
Document 104-11
STATUS ON IRAQ
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT ON THE STATUS OF EFFORTS TO OBTAIN IRAQ'S COMPLIANCE WITH THE
RESOLUTIONS ADOPTED BY THE U.N. SECURITY COUNCIL, PURSUANT TO PUB. L.
102-1, SEC. 3 (105 STAT. 4)
January 4, 1995.--Referred to the Committee on International Relations
and ordered to be printed
The White House,
Washington, December 30, 1994.
Hon. Thomas S. Foley,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Consistent with the Authorization for Use
of Military Force Against Iraq Resolution (Public Law 102-1),
and as part of my effort to keep the Congress fully informed, I
am reporting on the status of efforts to obtain Iraq's
compliance with the resolutions adopted by the U.N. Security
Council.
The crisis precipitated in early October when Iraq moved
significant numbers of ground forces toward its border with
Kuwait has been largely resolved. Since my last report, Iraqi
Republican Guard forces have redeployed north of the 32nd
parallel, including some Republican Guard units that were south
of the 32nd parallel prior to the crisis. Six Iraqi regular
army divisions which were located in the south prior to the
crisis continue to be deployed there. U.S. forces deployed to
the Gulf in response to Iraq's actions will redeploy to the
United States over the next several weeks. Some forces--
primarily aircraft--will remain in the theater to deter further
acts of Iraqi provocation and aggression. In order to enhance
significantly our ability to strike at Iraqi tanks south of the
32nd parallel, Kuwait has agreed to permit us to base a
squadron of 24 Air Force A-10s in Kuwait. We also have plans to
increase the amount of prepositioned equipment in the Gulf
which will be sufficient to outfit a division, thereby
enhancing our ability to rapidly deploy a significantly larger
and more capable ground force. To this end, Kuwait has agreed
to permit the prepositioning of additional equipment to
complete the armored brigade set that is already on the ground
in Camp Doha.
The United Nations Security Council, in Resolution 949 of
October 15, 1994, condemned Iraq's military deployment toward
the border with Kuwait and demanded that Iraq: (1) Immediately
withdraw all military units recently deployed to southern Iraq;
(2) not again use its military or any other forces to threaten
its neighbors or U.N. operations in Iraq; (3) not redeploy to
the south those forces to be withdrawn or take any other action
to enhance its military capacity in southern Iraq; and (4)
cooperate fully with the U.N. Special Commission (UNSCOM). In
order to ensure that Iraq fully understood our intentions,
Ambassador Albright met with Iraq's U.N. Ambassador, Nizar
Hamdun, and explained in precise terms what would constitute an
Iraqi violation of Resolution 949. She also left no doubt that
our response to any such violation would be swift and firm.
This recent episode is yet another indication that Iraq
remains unwilling to comply with the will of the international
community. We shall continue to insist that Iraq not threaten
its neighbors or intimidate the United Nations and that it take
steps to ensure that it never again possesses weapons of mass
destruction. The sanctions will be maintained until Iraq
complies with all relevant provisions of U.N. Security Council
resolutions.
On November 10 the Iraqi government, in an unqualified and
irrevocable way, recognized the Iraq-Kuwait boundary demarcated
by the relevant U.N. demarcation commission and the
sovereignty, territorial integrity, and political independence
of the State of Kuwait. This action represented a significant
victory for the Security Council, which has resolved to accept
nothing short of full compliance with the demands it has placed
on Iraq. Although the Security Council welcomed this
development, it has also made clear that it will follow closely
Iraq's implementation of its decision and will also continue to
keep under review Iraq's actions to complete its compliance
with all relevant Security Council resolutions.
Iraq has still not complied with Security Council demands
to resolve the issue of Kuwaiti MIAs, return Kuwaiti property
stolen during the occupation, and renounce terrorism. Iraq has
also not met its obligations under resolutions concerning
Kuwaiti and third-country nationals it detained during the war
and has taken no substantive steps to cooperate fully with the
International Committee of the Red Cross (ICRC), beyond
agreement to participate in a technical committee being
organized by the ICRC. Iraq has also failed to comply with
resolutions calling for the end of repression of segments of
its civilian population, cooperation with international relief
organizations and the equitable distribution of humanitarian
relief supplies.
Cooperation by Iraq with the United Nations since 1991 has
been meager, sporadic, selective and opportunistic. Taken as a
whole, Iraq's record represents a stunning failure to meet the
standard set by the Security Council when it set the terms for
ending the Gulf War in Resolution 687: to assure the world
community of its ``peaceful intentions.'' The purpose of the
drafters of Resolution 687--to ensure that Iraq could never
again pose a threat to its neighbors or to regional peace and
security--remains unfulfilled. On November 14 the Security
Council, for the 22nd time, unanimously decided that existing
sanctions against Iraq should not be modified.
Despite the lack of cooperation from the Government of
Iraq, UNSCOM and the International Atomic Energy Agency have
continued their efforts, with the assistance of the United
States and other supporting nations, to implement a
comprehensive and effective monitoring regime for Iraq. In
consultation with UNSCOM Chairman Ekeus, the U.N. Secretary
General reported on October 7 that this regime is
``provisionally operational.'' This effort must be carefully
designed to ensure that Iraq cannot rebuild its weapons of mass
destruction (WMD) programs, including a covert nuclear program,
as it did before the Gulf War, when it claimed to be in
compliance with the Nuclear Nonproliferation Treaty. Continued
vigilance is necessary because we believe that Saddam Hussein
is committed to rebuilding his WMD capabilities.
Indeed, significant gaps in accounting for Iraq's past
programs for WMD continue. There are unresolved issues in each
of the four weapons categories (nuclear, long-range missile,
chemical, and biological). This has been particularly true in
the chemical and biological weapons areas, where Iraq claims to
have destroyed large amounts of documentation. Therefore, it is
extremely important that the monitoring regime be effective,
comprehensive and sustainable. A program of this magnitude is
unprecedented and will require continued, substantial
assistance for UNSCOM from supporting nations. Rigorous and
extensive trial and field testing will be required before
UNSCOM can judge the program's effectiveness.
Of increasing concern is UNSCOM's dire financial situation.
Chairman Ekeus reports that UNSCOM will have to shut down if
funds are not forthcoming immediately. Without more cash,
UNSCOM will have to begin phasing down its operations in
December and completely disband by mid-February 1995. Some
countries in the region have agreed to provide partial
emergency funding. While this may take care of the immediate
crisis, lack of funding will be a chronic problem.
Chairman Ekeus has told Iraq that it must establish a clear
track record of compliance before he can report favorably to
the Security Council. We strongly endorse Chairman Ekeus'
approach and reject any attempt to limit UNSCOM's flexibility
by the establishment of a timetable for determining whether
Iraq has complied with Security Council Resolution 715.
The U.N. resolutions regarding Iraq do not prevent the
shipment of food or medicine to that country. Between January
and August of this year, the U.N. Sanctions Committee received
notifications of $2 billion worth of food and $175 million
worth of medicine to be shipped to Iraq. During the same
period, the Committee approved shipments of $2 billion worth of
other items deemed to be for essential civilian needs.
Meanwhile, the Government of Iraq has asked the Sanctions
Committee for permission to import luxury goods such as liquor,
video recorders, leather jackets, brass beds and expensive
automobiles. The Iraqi government has continued to maintain a
full embargo against its northern provinces and has favored its
supporters and the military in the distribution of humanitarian
supplies throughout the country.
The Iraqi government has refused to sell up to $1.6 billion
in oil as previously authorized by the Security Council in
Resolutions 706 and 712. Talks between Iraq and the United
Nations on implementing these resolutions ended unsuccessfully
in October 1993. Iraq could use proceeds from such sales to
purchase foodstuffs, medicines, and materials and supplies for
essential civilian needs of its population, subject to U.N.
monitoring of sales and the equitable distribution of
humanitarian supplies (including to its northern provinces).
Iraq's refusal to implement Security Council Resolutions 706
and 712 continues to cause needless suffering.
Proceeds from oil sales also would be used to compensate
persons injured by Iraq's unlawful invasion and occupation of
Kuwait. Of note regarding oil sales, the Security Council has
engaged in discussions with Turkish officials concerning the
possible flushing of Iraqi oil now in the Turkish pipeline that
extends from Iraq through Turkey. The objective would be to
prevent physical deterioration of the Turkish pipeline, which
is a unique asset. Such a flushing of the pipeline, if
conducted in a manner consistent with the U.N. sanctions
regime, would produce the added benefit of financing the import
of needed food and medicine into Iraq. However, the Government
of Iraq has refused to implement the flushing because it
rejects international monitoring of the distribution of
humanitarian goods.
The no-fly zones over northern and southern Iraq permit the
monitoring of Iraq's compliance with Security Council
Resolutions 687 and 688. Over the last three years, the
northern no-fly zone has deterred Iraq from a major military
offensive in the region. In southern Iraq, the no-fly zone has
stopped Iraq's use of aircraft against its population.
Nonetheless, the Iraqi government continues its harsh
campaign against its perceived enemies, throughout the country.
Baghdad's campaign of economic warfare against the people of
northern Iraq continues. In September, the Iraqi regime cut
electrical power to the Aqrah/Shirwan districts of Dohuk
Governorate. Three hundred fifth thousand people in those
districts now confront a lack of water, sanitation, and
hospital services. Approximately one million persons in Dohuk
Governorate are now reliant on temporary generators for
electricity, due to such systematic power cut-offs by the
Government of Iraq. Also in northern Iraq, in the vicinity of
Mosul, we are watching Iraqi troop movements carefully since
Iraq's intentions are still unclear. In the south, Iraq's
repression of the Shi'a population, and specifically the Marsh
Arabs, and the implementation of a policy of environmental
devastation represent a clear intent to target a specific area
for reprisals without regard to the impact on innocent
civilians. Further, Iraqi forces still wage a land-based
artillery campaign in the marshes, and the shelling of marsh
villages continues. In the last few years, the population of
the region, whose marsh culture has remained essentially
unchanged since 3500 B.C., has been reduced by an estimated
three-quarters and will soon disappear altogether. The Special
Rapporteur of the U.N. Commission on Human Rights (UNHRC), Max
van der Stoel, continues to report on the human rights
situation in Iraq, particularly the Iraqi military's repression
against its civilian populations in the marshes. In his
November interim report to the General Assembly, the Special
Rapporteur noted the widespread phenomena of political
killings, mass executions and state-sponsored terrorism
throughout Iraq. He also reported the introduction by the
Government of Iraq of new forms of torture, including the
amputation of ears and hands and the branding of foreheads for
certain economic crimes and for desertion from the military.
The Special Rapporteur asserted in previous reports that the
Government of Iraq has engaged in war crimes and crimes against
humanity, and may have committed violations of the 1948
Genocide Convention. Regarding the Kurds, the Special
Rapporteur has judged that the extent and gravity of reported
violations place the survival of the Kurds in jeopardy. He also
noted the extent to which the Government of Iraq represses and
terrorizes the Shi'a clergy in southern cities. The Special
Rapporteur has noted that there are essentially no freedoms of
opinion, expression or association in Iraq. The Special
Rapporteur continues to repeat his recommendation for the
establishment of human rights monitors inside Iraq to improve
the flow of information and to provide independent verification
of reports. We continue to investigate and publicize Iraqi
crimes against humanity, war crimes and other violations of
international humanitarian law. We will continue to insist that
the Government of Iraq allow human rights monitors to be
stationed inside Iraq, as called for by the Special Rapporteur.
Examples of Iraqi noncooperation and noncompliance continue
in other areas. There have been several incidents in which
merchant vessels have entered the Shatt-al-Arab bound for Iran
but subsequently have proceeded to Iraqi ports where they have
onloaded Iraqi oil. Upon exiting the Shatt-al-Arab these
vessels have been diverted by the Maritime Interception Force
and their embargo violations have been confirmed. Gulf states
are being encouraged to take action against the vessels and
oil, with the proceeds eventually being paid to the U.N. Escrow
Account referred to in Security Council Resolution 778.
For more than three years, the Baghdad regime has
interfered with relief operations, threatened and harassed
relief workers, and refused to issue visas to such workers. We
have persuasive evidence that the regime has offered
``bounties'' to persons willing to assassinate international
personnel. U.N. and other humanitarian relief workers, as well
as international journalists reporting on the humanitarian
situation, have been the victims of car bombs, drive-by
shootings and execution-style killings. Ten persons have been
injured and two have been killed in such attacks this year.
There is also persuasive evidence linking the Government of
Iraq to the July death, under suspicious circumstances, of a
noted Shi'a religious figure and three members of his family.
These acts are indicative of Iraq's continuing disdain for the
United Nations and, in our view, also constitute violations of
Security Council Resolutions 687 and 688.
We are monitoring closely the plight of the civilian
population everywhere in Iraq. We will persist in our demand
that the Government of Iraq comply with the relevant U.N.
resolutions so that humanitarian assistance can reach all
segments of the society, instead of only the supporters of
Saddam Hussein. Our bilateral assistance program in the north
will continue, given our access to the north and our ability to
ensure that relief reaches vulnerable populations. We also will
continue to make every effort, given the numerous practical
constraints, to assist the populations in southern and central
Iraq through U.N. humanitarian programs. Finally, we will
continue to explore with our allies and Security Council
partners the most effective means to compel the Government of
Iraq to cooperate on humanitarian and human rights issues.
The U.N. Compensation Commission (UNCC) has received
approximately 2.4 million claims thus far, with another 100,000
expected. The United States Government has filed a total of
3,100 individual claims with a total asserted value of over
$215 million. Earlier this year, one panel of UNCC
Commissioners submitted its report on the first installment of
individual claims for serious personal injury or death. The
UNCC Commissioners' report recommended awards for a group of
about 670 claimants, of which 11 were U.S. claimants. The
Governing Council of the UNCC approved the panel's
recommendations at its session in late May. This past summer
the first U.S. claimants received compensation for their
losses. A second group of claims involving death and serious
personal injury is expected to be reviewed in the December
Governing Council session. At its October session, the
Governing Council approved the first set of awards for
claimants who were forced to depart suddenly from Iraq or
Kuwait during the invasion and occupation. Of the approximately
53,000 claims, close to 200 were from U.S. claimants. However,
these awards cannot be paid at this time because there is not
enough money in the Compensation Fund. The Governing Council
began consideration of the first report and recommendations
from the panel of commissioners reviewing itemized individual
losses for amounts up to $100,000 (e.g. lost salary or personal
property). Due to the importance and complexity of the issues
involved, the Governing Council deferred final action on the
recommendations until its December session. The Governing
Council also decided not to accept additional filings of late
individual claims after January 1, 1995.
The United States Government also submitted a total of
approximately $1.5 billion in corporate claims against the
Government of Iraq, representing about 140 business entities.
Those claims represented a multitude of enterprises ranging
from small family-owned businesses to large multinational
corporations. In addition, in late July the United States
Government filed five U.S. Government claims with the UNCC. The
five claims were for nonmilitary losses, such as damage to U.S.
Government property (e.g., the U.S. Embassy compound in Kuwait)
and the costs of evacuating U.S. nationals and their families
from Kuwait and Iraq. These U.S. Government claims have an
asserted value of about $17 million. In the future, the United
States Government also expects to file one or more additional
U.S. Government claim(s) involving the costs of monitoring
health risks associated with oil well fires and other
environmental damage in the Gulf region. The UNCC expects to
begin processing corporate claims and government claims in
1995.
Iraq may rejoin the community of civilized nations only
through adherence to basic norms of international behavior,
adoption of democratic processes, respect for human rights and
equal treatment of its people. Iraq's government should
represent all of Iraq's people and be committed to the
territorial integrity and unity of Iraq. The Iraqi National
Congress espouses these goals, the fulfillment of which would
make Iraq a stabilizing force in the Gulf region.
In summary, Iraq continues to be a threat to regional peace
and security. The oil embargo and other sanctions must remain
in place until Iraq demonstrates its peaceful intentions over a
sustained period by fully complying with all relevant U.N.
Security Council resolutions.
I appreciate the support of the Congress for our efforts,
and I will continue to keep the Congress fully informed
regarding this important matter.
Sincerely,
William J. Clinton.