[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.