[House Document 106-69]
[From the U.S. Government Publishing Office]




106th Congress, 1st Session - - - - - - - - - - - House Document 106-69
_______________________________________________________________________

 
         COMPLIANCE WITH U.N. SECURITY COUNCIL RESOLUTIONS

                               __________

                             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 25, 1999.--Referred to the Committee on International Relations and 
                         ordered to be printed


                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
69-011                     WASHINGTON : 1999



                                           The White House,
                                          Washington, May 19, 1999.
Hon. J. Dennis Hastert,
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 United Nations 
Security Council (UNSC). My last report, consistent with Public 
Law 102-1, was transmitted on March 3, 1999.


                                overview


    There have been no United Nations Special Commission 
(UNSCOM) or International Atomic Energy Agency (IAEA) 
inspections in Iraq since December 15, 1998. On January 30, 
1999, the UNSC established three assessment panels on Iraq to 
address disarmament, humanitarian, and Kuwait-related issues. 
Brazilian Ambassador to the United Nations Celso Amorim, who 
chaired the panels, presented the panels, conclusions to the 
Security Council on April 6.
    The disarmament panel confirmed UNSCOM's earlier findings 
that Iraq has failed to comply with its obligations under UNSC 
resolutions, and that significant disarmament issues have not 
yet been resolved. It also confirmed the validity of the 
disarmament and monitoring plan endorsed by Resolution 715.
    The humanitarian panel noted that, despite considerable 
improvements in the humanitarian situation since the oil-for-
food program began, serious problems remain. The report 
highlighted the Government of Iraq's failure to order and 
distribute critical supplies, and its inequitable distribution 
practices. It also identified a significant shortfall in 
revenue for the oil-for-food program. This problem has been 
largely caused by low oil prices during the last year, but 
Iraq's limited oil production capabilities have also been a 
factor.
    The Kuwait-issues panel cited Iraq's failure to comply with 
its requirement to provide information on Kuwaiti and other 
missing persons from the Gulf War, as well as its failure to 
comply with the requirement to return property stolen during 
the Gulf War, including Kuwait's national archives.
    The 6-month reports submitted to the Security Council by 
Ambassador Butler and IAEA Director-General Mohammed El Baradei 
in April 1999 reflected the refusal by Iraq to add 
substantively to their ability to resolve outstanding 
disarmament and monitoring issues. In New York, UNSCOM 
continued to implement its mandate: by assessing the situation 
on the ground in Iraq after the military action in December, by 
choosing new sites for future inspection, by refining 
inspection protocols, by continuing a dialogue with member 
nations to obtain information about Iraq's past and present 
activities, and by continuing to improve the Export-Import 
Monitoring Mechanism.
    The United States continues to support the international 
community's efforts to provide for the humanitarian needs of 
the Iraqi people through the oil-for-food program.
    We are convinced that as long as Saddam Hussein remains in 
power, he will continue to threaten the well-being of his 
people, the peace of the region and the security of the world. 
We will continue to contain these threats, but over the long 
term the best way to address them is through a new government 
in Baghdad. To that end, working with the Congress, we have 
deepened our engagement with the forces of change in Iraq to 
help make the opposition a more effective voice for the 
aspirations of the Iraqi people.


           u.s. and coalition force levels in the gulf region


    Saddam Hussein's record of aggressive behavior compels us 
to retain a highly capable force in the region in order to 
deter Iraq and respond to any threat it might pose to its 
neighbors, the reconstitution of its WMD program, or movement 
against the Kurds in northern Iraq. We demonstrated our resolve 
in mid-December when forces in the region carried out Operation 
Desert Fox to degrade Iraq's ability to develop and deliver 
weapons of mass destruction and it ability to threaten its 
neighbors. We will continue to maintain robust posture and have 
established a rapid reinforcement capability to supplement our 
forces in the Gulf, if needed.
    Our forces that deployed to the region include land- and 
carrier-based aircraft, surface warships, a Patriot missile 
battalion, a mechanized battalion task force and a mix of 
special operations forces deployed in support of U.S. Central 
Command. To enhance force protection throughout the region, 
additional military security personnel are also deployed. 
Because of the increased air-defense threat to coalition 
aircraft, we have also added a robust personnel recovery 
capability.

         operation northern watch and operation southern watch

    The United States and coalition partners enforcing the no-
fly zones over Iraq under Operations Northern Watch and 
Southern Watch continue to be subject to multiple anti-aircraft 
artillery firings and radar illuminations, and have faced more 
than 35 surface-to-air missile attacks. Additionally, since the 
conclusion of Desert Fox, Iraqi aircraft have committed over 
120 no-fly zone violations.
    In response to Iraq's repeated no-fly-zone violations and 
attacks on our aircraft, I have authorized our aircrews to 
respond directly and forcibly to the increased Iraqi threat. 
United States and coalition forces are fully prepared and 
authorized to defend themselves against any Iraqi threat while 
carrying out their no-fly zone enforcement mission and have, 
when circumstances warranted, engaged various components of the 
Iraqi integrated air defense system. As a consequence, the 
Iraqi air defense system has been degraded substantially since 
December 1998.

                    the maritime interception force

    The multinational maritime Interception Force (MIF), 
operating in accordance with resolution 665 and other relevant 
resolutions, enforces U.N. sanctions in the Gulf. The U.S. Navy 
is the single largest component of the MIF, but it is 
frequently augmented by ships, aircraft, and other support from 
Australia, Bahrain, Belgium Canada, Kuwait, The Netherlands, 
New Zealand, the UAE, and the United Kingdom. Member states of 
the gulf Cooperation Council (GCC) provide logistical support 
and shipriders to the MIF and accept vessels diverted for 
violating U.N. sanctions against Iraq. Kuwait was especially 
helpful in providing significant naval and coast guard 
assistance. We are expanding our efforts to encourage 
participation in the MIF from nations in northern Europe and 
South America.
    Although the export of refined petroleum products through 
the Gulf has significantly declined since Operation Desert Fox, 
the MIF continues to patrol the waters to prevent a resurgence 
of petroleum-product smuggling. Furthermore, the MIF provides a 
deterrent to ships smuggling prohibited items into Iraq in 
violation of U.N. sanctions and outside the parameters of the 
humanitarian oil-for-food program. In early April, the MIF 
conducted the latest in a series of periodic search operations 
in the far northern Gulf near the major Iraqi waterways. These 
operations disrupted smuggling in the region without 
interference from Iraq. Kuwait and the UAE have stepped up 
their own enforcement efforts.
    In December 1998 and again in April 1999, Iraq relocated 
surface-to-surface missile batteries to the coastal area of the 
Al Faw Peninsula. The missiles in question, with a range of 
nearly 60 nautical miles, could reach far into the North 
Arabian Gulf and posed a serious threat to the MIF. The 
deployment of these missiles to a position from which they 
could engage coalition naval forces was carried out in concert 
with the increased attempts to shoot down aircraft enforcing 
the no-fly zones and constituted an enhancement of Iraq's 
offensive military capability in southern Iraq. On both 
occasions, coalition aircraft responded to the threat posed by 
these missiles and are authorized to continue to do so as 
necessary.

                            chemical weapons

    April reports to the UNSC President reconfirmed January's 
findings that UNSCOM identified as priority chemical weapons 
disarmament issues: VX; 155mm mustard shells; an Iraqi Air 
Force file of chemical weapons documents; R-400 bombs filled 
with CBW (field inspections needed); and chemical weapons 
production equipment (field verification is needed for 18 of 20 
shipping containers UNSCOM knows were moved together). The 
reporters identified as key monitoring priorities the ability 
to verify Iraqi compliance at listed facilities and to detect 
construction of new dual-use facilities.

                           biological weapons

    April reports to the UNSC President reconfirmed January's 
findings that UNSCOM identified as priority outstanding 
biological weapons disarmament issues Iraq's incomplete 
declarations on ``the whole scope of the BW program.'' the 
capability and knowledge base, through which biological warfare 
agents could be produced quickly and in volume.'' The report 
also identified the importance of monitoring dual-use 
biological items, equipment, facilities, research and 
acquisition at 250 listed sites. The effectiveness of 
monitoring is ``proportional to Iraq's cooperation and 
transparency, to the number of monitored sites, and to the 
number of inspectors.''

                          long-range missiles

    April reports to the UNSC President reconfirmed January's 
findings that UNSCOM identified as priority missile disarmament 
issues: 50 unaccounted for, SCUD conventional warheads; 500 
tons of SCUD propellants, the destruction of which has not been 
verified; 7 Iraqi-produced SCUDs given to the army,the 
destruction of which cannot be verified; truckloads of major components 
for SCUD production that are missing; the concealment of BW warheads; 
and the lack of accounting for VX-filled warheads. The report 
identified the capability to monitor declared activities, leaps in 
missile technology, and changes to declared operational missiles. There 
are 80 listed missile sites.

                            nuclear weapons

    In a February 8, 1999, report to the UNSC President, IAEA 
Director General Mohammed El-Baradei summarized previous IAEA 
assessments of Iraq's compliance with its nuclear disarmament 
and monitoring obligations. The report restates that ``Iraq has 
not fulfilled its obligation to adopt measures and enact penal 
laws, to implement and enforce compliance with Iraq's 
obligations under resolutions 687 and 707, other relevant 
Security Council resolutions and the IAEA OMV plan, as required 
under paragraph 34 of that plan.''
    The IAEA continues to plan for long-term monitoring and 
verification under Resolution 715. In its February 8 report to 
the Security Council, it restated that monitoring must be 
``intrusive'' and estimated annual monitoring costs would total 
nearly $10 million.

                            dual-use imports

    Resolution 1051 established a joint UNSCOM/IAEA unit to 
monitor Iraq's imports of allowed dual-use items. Iraq must 
notify the unit before it imports specific items that can be 
used in both weapons of mass destruction and civilian 
applications. Similarly, U.N. members must provide timely 
notification of exports to Iraq of such dual-use items. 
Following the withdrawal of UNSCOM and IAEA monitors, there is 
no monitoring by UNSCOM or IAEA inspectors of dual-use items 
inside Iraq, although some limited monitoring in certain 
sectors can be carried out by OIP inspectors. This factor has 
presented new challenges for the U.N. Sanctions Committee and 
is taken into consideration in the approval process. The United 
States has placed holds on a number of contracts that might 
otherwise have been approved as a result.

                    the u.n.'s oil-for-food program

    We continue to support the international community's 
efforts to provide for the humanitarian needs of the Iraqi 
people through the oil-for-food program. Transition from phase 
four to phase five (authorized by UNSC Resolution 1210) was 
smooth. As in phase four, Iraq is again authorized to sell up 
to $5.2 billion worth of oil every 180 days. However, because 
of a drop in world oil prices, Iraq was only able to pump and 
sell approximately $3.1 billion worth of oil in phase four; 
recent increases in world prices should provide increased 
revenue for this phase of oil-for-food.
    As of April 5, under phase five of the oil-for-food 
program, 340 contracts worth nearly $1 billion have been 
approved. As of April 5, the United States had 145 phase four 
and 13 phase five contracts on hold pending clarification of 
questions about the proposed contracts.
    Three assessment panels were formed in January to look at 
Iraqi disarmament, the humanitarian situation in Iraq, and 
Iraq's obligations regarding Kuwait. The panels presented their 
reports to the Security Council in April. The United States 
supported an examination of the current situation and 
exploration of ways to improve humanitarian conditions, 
particularly with regard to vulnerable groups such as children 
under age five and pregnant and nursing women. The United 
States has expressed its support for raising the cap on Iraqi 
oil exports under the oil-for-food program in order to meet 
humanitarian needs, and for certain other proposals made by the 
humanitarian assessment panel.
    Resolution 1210 maintains a separate oil-for-food program 
for northern Iraq, administered directly by the United Nations 
in consultation with the local population. This program, which 
the United States strongly supports, receives 13 to 15 percent 
of the funds generated under the oil-for-food program. The 
separate northern program was established because of the 
Baghdad regime's proven disregard for the humanitarian needs of 
the Kurdish, Assyrian, Yezedi and Turkoman minorities of 
northern Iraq, and its readiness to apply the most brutal forms 
of repression against them. In northern Iraq areas where 
Baghdad does not exercise control, the oil-for-food program has 
been able to operate relatively effectively, as documented by 
the humanitarian assessment panel. The Kurdish factions have 
set aside their differences to work together so that Resolution 
1210 is implemented as efficiently as possible.
    Humanitarian programs such as oil-for-food have steadily 
improved the life of the average Iraqi living under sanctions 
(who, for example, now receives a ration basket providing over 
2,000 calories per day, a significant improvement in nutrition 
since the program began) while denying Saddam Hussein control 
over oil revenues. We will continue to work with the U.N. 
Secretariat, the Security Council, and others in the 
international community to ensure that the humanitarian needs 
of the Iraqi people are met while denying any political or 
economic benefits to the Baghdad regime.

                 northern iraq: kurdish reconciliation

    Since their ground-breaking meeting with Secretary Albright 
in September 1998, Massoud Barzani, President of the Kurdistan 
Democratic Party (KDP), and Jalal Talabani, Chairman of the 
Patriotic Union of Kurdistan (PUK), have met four times to 
continue their work towards full reconciliation. Both parties 
have condemned internal fighting, pledged to refrain from 
violence in settling their differences, and resolved to 
eliminate terrorism by establishing stronger safeguards for 
Iraq's borders. In particular, both parties have committed 
themselves to deny sanctuary to the Kurdistan Workers Party 
(PKK), to eliminate all PKK bases from the region and to 
safeguard the Turkish border. The parties believe that key 
decisions on Iraq's future should be made by all the Iraqi 
people together at an appropriate time and through a regular 
political process. Their work is thus meant to implement a 
framework of regional administration until a united, 
pluralistic, and democratic Iraq is achieved. A Higher 
Coordination Committee (HCC) made up of senior representatives 
from the PUK and the KDP meets regularly in northern Iraq, and 
officials of the State Department are in frequent contact with 
the parties to further the reconciliation process.
    The United States is committed to ensuring that 
international aid continues to reach the north; that the human 
rights of the Kurds and northern Iraq minority groups such as 
the Turkomans, Assyrians, Yezedis, and others are respected; 
and that the no-fly zone enforced by Operation Northern Watch 
is observed. The United States will decide how and when to 
respond should Baghdad's actions pose an increased threat to 
Iraq's neighbors, to regional security, to vital U.S. 
interests, and to the Iraqi people, including those in the 
north.

                   The Human Rights Situation in Iraq

    The human rights situation in Iraq continues to fall far 
short of international norms, in violation of Resolution 688. 
For over seven years, the Iraqi government has refused to allow 
the U.N. Human Rights Commission Special Rapporteur for Iraq, 
Max Van der Stoel, to visit Iraq. U.N. human rights monitors 
have never been allowed in. Meanwhile, increasingly disturbing 
reports of the most serious nature continue to emanate from 
Iraq. For example, 2,500 political prisoners have been 
summarily executed without due process of law since Fall 1997, 
according to detailed reports Mr. Van der Stoel received. 
Often, the bodies are said to have been returned to the 
victim's families showing clear signs of torture.
    The assassination of three of Iraq's most senior Islamic 
clerics is of special concern. In February, Ayatollah Mohammed 
al-Sader--the most senior Shia cleric in Iraq--was 
assassinated, along with two of his sons, after attending 
Friday prayers in Najaf. This follows the similar killing of 
Sheikh Borojourdi in April 1998 and Ayatollah Ah al-Gharawi in 
June 1998. In each case, the killings reportedly followed 
months of arrests and interrogations by government security 
services, and have been widely attributed to agents of the 
regime. The deaths also come in the context of a resurgence of 
repression in southern Iraq, as the regime works toward the 
destruction of the Marsh Arabs' way of life and the unique 
ecology of the southern marshes. The regime also continues to 
ignore appeals by Mr. Van der Stoel and others for access by 
human rights monitors to investigate these reports.
    In the north, outside the Kurdish-controlled areas, the 
government continues the forced expulsion of ethnic Kurds and 
Turkomans from Kirkuk and other cities. In recent months, 
hundreds of families have reportedly been expelled from Kirkuk. 
Reports from the Kurdish-controlled areas where the displaced 
persons are received indicate that they are forced to leave 
behind almost all of their personal property. Due to a shortage 
of housing, many are still living in temporary shelters.

                          the iraqi opposition

    We are deepening our engagement with the forces of change 
in Iraq, helping Iraqis inside and outside Iraq to become a 
more effective voice for the aspirations of the people. We will 
work toward the day when Iraq has a government worthy of its 
people--a government prepared to live in peace with its 
neighbors, a government that respects the rights of its 
citizens.
    On April 7-8, the Executive Council of the Iraqi National 
Congress met at Windsor, in the United Kingdom. The meeting 
produced three important results: it elected a seven-member 
interim ``Presidency Committee;'' it created an ``outreach 
committee'' to expand the INC's membership and build links to 
regional states; and it decided that a meeting of the INC 
National Assembly would be held no later than July 7, at a site 
to be determined. We applaud the Council members for this 
constructive, forward-looking meeting.
    Senator Bob Kerrey of Nebraska attended the meeting as U.S. 
observer along with Special Coordinator for the Transition of 
Iraq, Frank Ricciardone, as well as other State Department 
officials and staff from the Senate Foreign Relations 
Committee.
    I believe the joint U.S. Executive-Congressional team 
underscores the deepening cooperation within the U.S. 
Government on this important issue.
    The interim INC Presidency Committee met for the first time 
on April 10. The group reportedly established a principle of 
rotating leadership and discussed plans to send a delegation to 
the United Nations to express views on humanitarian and human 
rights issues.

               the united nations compensation commission

    The United Nations Compensation Commission (UNCC), 
established pursuant to Resolutions 687, 692, and 1210, 
continues to resolve claims against Iraq arising from Iraq's 
unlawful invasion and occupation of Kuwait. The UNCC has issued 
over 1.3 million awards worth over $7 billion. Thirty percent 
of the proceeds from the oil sales permitted by UNSC 
resolutions have been allocated to the Compensation Fund to pay 
awards and to finance operations of the UNCC. Pursuant to 
decisions of the UNCC Governing Council, certain small claims 
are to receive initial payments of $2,500 toward the amounts 
approved on those claims before large claims of individuals and 
claims of corporations and governments may share in the funds 
available for claims payments. As money from Iraqi oil sales is 
deposited in the Compensation Fund, the UNCC makes these 
initial $2,500 payments on eligible claims in the order in 
which those claims were approved by the UNCC. To date, the U.S. 
Government has received funds from the UNCC for initial 
installment payments on approximately 1,685 claims of U.S. 
claimants.

                               conclusion

    Iraq remains a serious threat to international peace and 
security. I remain determined to see Iraq comply fully with all 
of its obligations under Security Council resolutions. The 
United States looks forward to the day when Iraq rejoins the 
family of nations as a responsible and law-abiding member. 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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