[House Document 104-75]
[From the U.S. Government Publishing Office]
104th Congress, 1st Session - - - - - - - - - - - - - House
Document 104-75
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.
102-2, SEC. 3 (105 STAT. 4)
May 18, 1995.--Referred to the Committee on International Relations and
ordered to be printed
The White House,
Washington, May 17, 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.
Since its recognition of Kuwait last November, Iraq has
done little to comply with its numerous remaining obligations
under Council resolutions. At its bimonthly review of Iraq
sanctions in March, the Security Council voted unanimously to
maintain the sanctions regime on Iraq without change. We shall
continue to insist that the sanctions be maintained until Iraq
complies with all relevant provisions of U.N. Security Council
resolutions. Ambassador Albright's trip to several Security
Council capitals in late February solidified the support of a
majority of Council members for the U.S. position.
According to the April report to the Council by UNSCOM
Chairman Ekeus, Iraq remains out of compliance with its
obligations regarding weapons on mass destruction (WMD). While
UNSCOM reports that the elements of its regime to monitor
Iraq's capability to produce weapons of mass destruction are in
place, continued Iraq failure to provide complete information
about its past weapons programs means UNSCOM cannot be assured
that its monitoring regime its comprehensive. Of greatest
concern is Iraq's refusal to account for 17 tons of biological
growth media which could be used to produce biological weapons.
According to UNSCOM ``* * * the only conclusion that can be
drawn is that there is a high risk that they (the media) had
been purchased and in part used for proscribed purposes--the
production of agents for biological weapons.'' Iraq
disingenuously continues to claim that it has never had a
biological weapons program.
At the same time, the International Atomic Energy Agency
(IAEA), continues to investigate reports that Iraq has
restarted its nuclear weapons program. According to press
reports, a dissident Iraqi nuclear scientist passed documents
to the IAEA which suggest Iraqi has restarted its prohibited
research into nuclear weapons production. This information is
very preliminary; the IAEA's investigation continues.
In addition to failing to comply with the WMO 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. As I previously reported, the Kuwaiti government
submitted to the Secretary General a list of the military
equipment looted from Kuwait during the war. Iraqi has still
not taken steps to return this or other Kuwaiti property stolen
during the occupation, with the exception of one Kuwaiti C-130
and a small number of military vehicles, all in derelict
condition. Ambassador Albright has presented to the Council
evidence acquired during Iraq's troop movements last October
that proves that hundreds of pieces of Kuwaiti military
hardware remain in the arsenals of Saddam Hussein's Republican
Guard.
The Council on April 14 unanimously adopted Resolution 986,
an effective means to provide relief for the hardship that
ordinary Iraqis are suffering as a result of Saddam's failure
to comply with Council requirements. The resolution was a
collaborative effort of a number of Council members, including
co-sponsors Oman, Argentina, Great Britain, Rwanda and the U.S.
all of whom share a deep concern for the humanitarian situation
in Iraq. Resolution 986 addresses all arguments made previously
by the Government of Iraq to justify its failure to implement
Security Council Resolutions 706/712, an earlier proposal to
permit Iraq to sell oil to purchase humanitarian goods. Saddam
Hussein's government immediately denounced the new Resolution
and the rubber-stamp Iraqi National Assembly rejected it by
unanimous vote on April 25.
The sanctions regime does not prevent the shipment of food
or medicine to Iraq. However, Saddam has chosen to squander
Iraq's resources on his repressive security apparatus and
personal palaces, while using the suffering of ordinary Iraqis
as a propaganda tool to press for the lifting of sanctions.
Resolution 986 undermines his self-serving excuses for
neglecting the legitimate needs of the Iraqi people.
The no-fly zones over northern and southern Iraq continue
to deter Iraq from using its aircraft against its population.
However, the Iraqi government persists in its brutal campaign
against its perceived enemies throughout the country. Iraqi
forces periodically shell villages in the south and north with
artillery. In the south, Iraq's repression of the Shi'a
population, and specifically the Marsh Arabs, continues, as
does a policy of deliberate environmental devastation. The
threat to the traditional way of life of Iraqis Marsh Arabs
remains critical. 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 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. His work has also
reported on the phenomena of political killings, mass
executions, and state-sponsored terrorism. Clearly, the
Government of Iraq has not complied with the provisions of UNSC
Resolution 688 demanding that it 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.
Bagdad's attempts to violate the U.N. sanctions continue
unabated. Since October 1994, 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 Interception
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 three years, the story has not changed; the
Bagdad regime flouts the sanctions, demonstrates disdain for
the United Nations and engages in actions that we believe
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 about 2.6 million
claims worldwide, with an asserted value of approximately $176
billion. The United States has submitted approximately 3300
claims, with an asserted value of about $1.8 billion.
To date, the UNCC Governing Council has approved some
220,000 individual awards, worth about $870 million. About 580
awards totaling almost $11.7 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 four years
after the end of the Gulf War.
In sum, Iraq is still a threat to regional peace and
security. Thus, I continue to be determined to see Iraq comply
fully with all its obligations under the UNSC resolutions. I
will oppose any relaxation of sanctions until Iraq demonstrates
its overall compliance with the relevant resolutions.
As I have made clear before, Iraq may rejoin the community
of civilized nations by adopting democratic processes,
respecting human rights, treating its people equitably, and
adhering to basic norms of international behavior. The umbrella
opposition organization 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.