[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.