[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.