[House Document 104-208]
[From the U.S. Government Publishing Office]



                                     

104th Congress, 2d Session - - - - - - - - - House Document 104-208


 
                             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)




May 7, 1996.--Referred to the Committee on International Relations and 
                         ordered to be printed
                                           The White House,
                                           Washington, May 4, 1996.
Hon. Newt Gingrich,
Speaker of 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 Government of Iraq remains far from compliance with its 
obligations under applicable Security Council resolutions. The 
U.N. Special Commission (UNSCOM) Chairman Ekeus remarked 
recently in Washington that Iraq may be hiding up to 16 SCUD 
missiles, possibly armed with biological warheads. Iraqi 
officials blatantly violated Security Council resolutions in 
March when they repeatedly obstructed UNSCOM officials 
attempting to search buildings in Baghdad for weapons of mass 
destruction material. Iraqi officials may have removed or 
destroyed incriminating material during the delay. In a report 
released on April 11, UNSCOM expressed its concern that Iraq 
may still be engaged in weapons activities prohibited under 
Security Council Resolution 687. Iraq continues to evade its 
duty to return looted Kuwaiti property and help account for 
hundreds of civilians who disappeared in Kuwait during the 
occupation. Iraq still provides refuge for known terrorists. 
The Security Council took all these factors into account in 
maintaining sanctions without change at its March 8 review.
    Saddam Hussein's unwillingness to comply with the norms of 
international behavior extends to his regime's continuing 
threat to Iraqi citizens throughout the country. We and our 
coalition partners continue to enforce the no-fly zones over 
northern and southern Iraq as part of our efforts to deter 
Iraq's use of aircraft against its population. Iraq's 
repression of its southern Shi'a population continues, with 
policies aimed at destroying the Marsh Arabs' way of life as 
well as the ecology of the southern marshes.
    The human rights situation throughout Iraq remains 
unchanged. Saddam Hussein shows no signs of complying with U.N. 
Security Council Resolution 683, which demands that Iraq cease 
the repression of its own people. The U.N. Human Rights 
Commission (UNHRC) recently adopted a strongly-worded 
resolution condemning ``massive and extremely grave violations 
of human rights'' carried out by the Government of Iraq. The 
resolution draws heavily from the report of the Special 
Rapporteur of the UNHRC. The resolution also continues the 
mandate of the Special Rapporteur. Parliamentary elections held 
in late March were as much a farce as last November's 
``Referendum'' on Saddam Hussein's rule. Candidates were 
required to pledge their loyalty to Saddam Hussein and his 
Ba'ath Party in order to be eligible. All legitimate 
international observers and Iraqi opposition groups rejected 
the legitimacy of both the process and the outcome of the 
elections.
    The United States, together with international and 
humanitarian relief organizations, continues to provide 
humanitarian assistance to the people of northern Iraq. 
Security conditions in northern Iraq remain tenuous at best, 
with Iranian and PKK activity adding to the ever-present threat 
from Baghdad. We continue to facilitate talks between the two 
major Kurdish groups in an effort to help them resolve their 
differences and increase stability in northern Iraq.
    Pursuant to Security Council Resolution 986, Iraq is 
authorized to sell a prescribed amount of oil for the purchase 
of humanitarian supplies. Discussions between U.N. and Iraqi 
officials on implementation of the Resolution continued in 
April. It remains unclear whether Iraq is serious about 
implementing the Resolution as drafted. We would like to see 
the provisions of Resolution 986 implemented, but only with the 
safeguards envisioned in the Resolution to ensure that Saddam 
Hussein cannot abuse the Resolution's humanitarian purposes.
    In October 1994, the U.N. Security Council adopted 
Resolution 949, which demanded that Iraq not utilize its forces 
to threaten its neighbors or U.N. operations in Iraq and that 
it not redeploy or enhance its military capacity in southern 
Iraq. In view of Saddam Hussein's proven record of 
unreliability, we have felt it prudent to maintain a 
significant U.N. force presence in the region in order to 
maintain the capability to respond rapidly to possible Iraqi 
aggression or threats against its neighbors. We recently 
deployed an air expeditionary force to Jordan as part of that 
presence.
    Since my last report, the Multinational Interception Force 
(MIF), conducting the maritime enforcement of sanctions against 
Iraq, has encountered renewed attempts to smuggle commodities 
from Iraq. During March and April, MIF vessels intercepted 
vessels carrying Iraqi petroleum products worth an estimated 
$1.1 million and Iraqi dates worth an estimated $1.4 million. 
The expeditious acceptance of these diverted vessels by Kuwait, 
Bahrain, Qatar, Oman and the United Arab Emirates has greatly 
contributed to the deterrent effect of MIF sanctions 
enforcement operations. It has also enhanced enforcement 
efforts by allowing MIF vessels escorting the diverted vessels 
to return to patrol operations.
    We continue to achieve a significant foreign policy 
objective in maintaining multinational participation in the 
MIF. Ships from the United States, the United Kingdom, and The 
Netherlands participated in MIF operations from February 
through April of this year. Additionally, we have received firm 
commitments or serious proposals from Australia, New Zealand, 
Belgium and Canada to send frigates to participate in the MIF 
in late 1996 and early 1997.
    Other countries have made different but important 
contributions toward enforcing the U.N. sanctions against Iraq. 
For example, Honduras recently deflagged four vessels and 
Belize deflagged three vessels. India has initiated ``registry 
deletion'' proceedings against vessels operating under its 
flag, and the United Arab Emirates is currently considering the 
deflagging of a vessel diverted twice for violating the 
sanctions.
    We continue to provide briefings to the U.N. Iraq Sanctions 
Committee as part of our close coordination and consultation 
with the U.N. and with Security Council members on the issue of 
maritime Iraq sanctions enforcement. Evidence was provided 
concerning continued Iranian complicity in the export of Iraqi 
petroleum products through the provision to vessels violating 
the sanctions of false paperwork, the use of Iranian 
territorial waters, and warnings regarding the location of MIF 
vessels. Evidence was also provided concerning the acceptance 
of protection fees by Iranian officials in return for this 
assistance.
    Security Council Resolution 687 affirmed that Iraq is 
liable under international law for compensating the victims of 
its unlawful invasion and occupation of Kuwait. Although the 
U.N. Compensation Commission (UNCC) has approved some 790,000 
individual awards worth about $3.0 billion against Iraq, it has 
been able to authorize the payment of only the fixed awards for 
serious personal injury or death (aggregating approximately 
$3.5 million). The remainder of the awards cannot be paid 
because the U.N. Compensation Fund lacks sufficient funding. 
The awards are supposed to be financed by a deduction from the 
proceeds of future Iraqi oil sales, once such sales are 
permitted to resume. However, Iraq's refusal to meet the 
Security Council's terms for a limited resumption of oil sales 
has left the UNCC without adequate financial resources to pay 
the awards. Iraq's intransigence means that the victims of its 
aggression remain uncompensated for their losses 5 years after 
the end of the Gulf War.
    To conclude, Iraq remains a serious threat to regional 
peace and stability. I remain determined that Iraq comply fully 
with all its obligations under the U.N. Security Council 
Resolutions. My Administration will continue to oppose any 
relaxation of sanctions until Iraq demonstrates peaceful 
intentions through its overall compliance with all of the U.N. 
Security Council Resolutions.
    I appreciate the support of the Congress for our efforts 
and shall continue to keep the Congress informed about this 
important issue.
            Sincerely,
                                                William J. Clinton.

                                
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