[House Document 104-45]
[From the U.S. Government Publishing Office]
q104th Congress, 1st Session - - - - - - - - - - - - - House
Document 104-45
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).
March 9, 1995.--Referred to the Committee on International Relations
and ordered to be printed
The White House,
Washington, March 8, 1995.
Hon. Newt Gingrich,
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 October 1994 provocation by Iraq is emblematic of
Iraq's failure to demonstrate the ``peaceful intentions''
called for by the Security Council in Resolution 687, which
ended the Gulf War. Indeed, since its recognition of Kuwait
last November, Iraq has done nothing to comply with its
numerous remaining obligations under Council resolutions. At
its bimonthly review of Iraq sanctions in January, the Security
Council voted unanimously to maintain the sanctions regime on
Iraq without change. We shall also insist that the sanctions be
maintained until Iraq complies with all relevant provisions of
U.N. Security Council (UNSC) resolutions.
The December 1994 report to the Council by the U.N. Special
Commission on Iraq (UNSCOM) makes clear how far from full
compliance Iraq remains in the area of weapons of mass
destruction (WMD). Continued vigilance is essential because we
believe that Saddam Hussein is committed to rebuilding his WMD
capability. While UNSCOM has made progress in setting up the
mechanics of monitoring (e.g., installing cameras, tagging
equipment, and establishing the Baghdad monitoring center), the
regime continues to withhold evidence of its past weapons
programs in violation of the resolutions. Indeed, in the
report, UNSCOM Chairman Ekeus expressed his conviction ``that
important documentation (on past weapons programs) still exists
and that the Iraqi authorities have taken a conscious decision
not to release it freely to the Commission.'' In the same
report, Chairman Ekeus makes clear that this information is
necessary for a comprehensive weapons monitoring program.
In addition to noncompliance with the WMD provisions of
Security Council resolutions, the regime remains in violation
of numerous other Security Council requirements. The regime has
failed to be forthcoming with information on hundreds of
Kuwaitis and third-country nationals missing since the Iraqi
occupation. In January, the Kuwaiti government submitted to the
Secretary General a list of the military equipment looted from
Kuwait during the War. Iraq has taken no steps to return this
or other Kuwaiti property stolen during the occupation, with
the exception of initial preparations for the return of one
Kuwaiti airplane. During the January review of sanctions,
Ambassador Albright presented to the Council evidence acquired
during Iraq's troop movements last October that proves that
hundreds of pieces of Kuwaiti military hardware are now in the
arsenals of Saddam Hussein's Republican Guard.
The UNSC resolutions regarding Iraq do not prevent the
shipment of food or medicine to that country. Yet the Iraqi
government continues to maintain an embargo against its
northern provinces and to divert humanitarian supplies to its
supporters and the military. The Iraqi government also still
refuses to sell up to $1.6 billion in oil as previously
authorized by the Security Council in Resolutions 706 and 712.
Iraq could use proceeds from such sales to purchase additional
foodstuffs, medicines, and supplies for civilian needs.
Instead, Iraq's refusal to implement Security Council
Resolutions 706 and 712 causes prolonged and needless
suffering.
The no-fly zones over northern and southern Iraq continue
to deter Iraq from using its aircraft against its population.
However, the Iraqi government continues its brutal campaign
against its perceived enemies throughout the country. Iraqi
forces periodically shell villages in the south and the north
with artillery. In the south, Iraqi repression of the Shi'a
population, and specifically the Marsh Arabs, continues, as
does a policy of deliberate environmental devastation. In the
last few years, the population of the marsh region has fallen
sharply as Iraqi military operations have forcibly dispersed
residents to other areas and thousands of Shi'a refugees have
sought refuge in Iran. The traditional lifestyle of Iraq's
Marsh Arabs, which has endured for centuries, may soon
disappear altogether. In early February, Iraqi Shi'a
oppositionists based in southern Iran launched a cross-border
attack against Iraqi forces near Al-Qumah but were repelled.
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, including the Iraqi military's
repression against civilian populations and the widespread
phenomena of political killings, mass executions, and state-
sponsored terrorism. He has reported the recent use by Iraq of
new forms of punishment, such as the amputation of ears and
hands and the branding of foreheads. The U.N. General Assembly
condemned these mutilations in a December 1994 resolution.
Clearly, the Government of Iraq has not complied with the
provisions of UNSC Resolution 688 requiring it to cease
repression of its own people.
The Special Rapporteur has asserted that the Government of
Iraq has engaged in war crimes and crimes against humanity and
may have committed violations of the 1948 Genocide Convention.
The Special Rapporteur continues to call on the Government of
Iraq to permit the stationing of human rights monitors inside
Iraq to improve the flow of information and to provide
independent verification of reports of human rights abuses. We
continue to support Mr. van der Stoel's work and his call for
monitors.
Baghdad's attempts to violate the U.N. sanctions continue
unabated. Since the last report, 12 maritime vessels have been
intercepted and diverted to Gulf ports for attempting to
smuggle commodities from Iraq in violation of sanctions. Gulf
States have cooperated with the Multinational Interdiction
Force in accepting diverted ships and in taking action against
cargoes in accordance with relevant U.N. Security Council
resolutions, including Resolutions 665 and 778.
For more than 3 years, the story has not changed; the
Baghdad regime flouts the sanctions, demonstrates disdain for
the United Nations and, in our view, engages in actions that
constitute continuing violations of Security Council
Resolutions 686, 687, and 688.
We are monitoring closely the plight of the civilian
population throughout Iraq. Our bilateral assistance program in
the north will continue, to the extent possible. We also will
continue to make every effort, given the practical constraints,
to assist the populations in southern and central Iraq through
support for the continuation of U.N. humanitarian programs.
Finally, we will continue to explore with our allies and
Security Council partners means to compel Iraq to cooperate on
humanitarian and human rights issues.
Security Council Resolution 687 affirmed that Iraq is
liable under international law for compensating the victims of
its unlawful invasion and occupation of Kuwait. The U.N.
Compensation Commission (UNCC), has received 2.5 million claims
worldwide, with an asserted value of $160 billion. The United
States has submitted 3,200 claims, with an asserted value of
$1.7 billion.
To date, the UNCC Governing Council has approved 59,000
individual awards, worth about $240 million. About 500 awards
totaling $11.4 million have been issued to U.S. claimants.
The UNCC has been able to pay only the first small awards
for serious personal injury or death ($2.7 million).
Unfortunately, the remainder of the awards cannot be paid at
this time, 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 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 4 years after
the end of the Persian Gulf War.
In sum, Iraq is still a threat to regional peace and
security. Thus, I am determined to maintain sanctions until
Iraq has fully complied with all its obligations under the UNSC
resolutions and will oppose any discussions of the relaxation
of sanctions until Iraq has demonstrated its overall compliance
with the relevant Security Council resolutions. Ambassador
Albright is traveling to Security Council capitals to convey my
determination on this vital matter.
As I have made clear before, Iraq may rejoin the community
of civilized nations by adopting democratic processes,
respecting human rights, treating its people equally, and
adhering to basic norms of international behavior. The Iraqi
National Congress espouses these goals, the fulfillment of
which would make Iraq a stabilizing force in the Gulf region.
I appreciate the support of the Congress for our efforts,
and will continue to keep the Congress informed about this
important issue.
Sincerely,
William J. Clinton.