[House Document 107-132]
[From the U.S. Government Publishing Office]
107th Congress, 1st Session - - - - - - - - - - -House Document 107-132
STATUS OF U.S. EFFORTS REGARDING IRAQ'S COMPLIANCE WITH UNITED NATIONS
SECURITY COUNCIL RESOLUTIONS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
HIS REPORT ON THE STATUS OF EFFORTS TO OBTAIN IRAQ'S COMPLIANCE WITH
THE RESOLUTIONS ADOPTED BY THE UNITED NATIONS SECURITY COUNCIL
October 12, 2001.--Referred to the Committee on International Relations
and ordered to be printed
The White House,
Washington, October 11, 2001.
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.
Sincerely,
George W. Bush.
Status of U.S. Efforts Regarding Iraq's Compliance With UN Security
Council Resolutions
OVERVIEW
As long as Saddam Hussein remains in power, he will
continue to threaten the well-being of the Iraqi people, the
peace of the region, and vital U.S. interests. We have already
strengthened international consensus on the need to change the
international community's approach to Iraq by unanimous passage
of a Security Council resolution (UNSCR 1352) that outlines our
new approach, and we are now working toward passing a
resolution to implement our approach. We are also considering
how best to achieve our objective of regime change and how best
to use the No-Fly Zones to ensure the safety of certain ethnic
and religious groups, and Iraq's neighbors.
We will continue to work against threats posed by Iraq,
but, over the long term, the most effective and lasting way to
end this threat is through a change of government in Baghdad.
To this end, we support the Iraqi opposition as part of our
program to support a transition to democracy in Iraq. The
opposition has made measureable progress in the past year in
strengthening its presence, developing its plans, beginning
administrative and some program operations (such as
broadcasting) using U.S. funding, and beginning training under
the Iraq Liberation Act (ILA).
Iraq continues to reject United Nations Security Council
(UNSC) Resolution 1284, a binding resolution adopted under
Chapter VII of the UN Charter, including its requirement that
Iraq provide the UN Monitoring, Verification and Inspection
Commission (UNMOVIC) and the International Atomic Energy Agency
(IAEA) with immediate, unconditional and unrestricted access to
Iraq and its facilities, equipment, records, and personnel.
Nonetheless, the UN continues to implement those parts of the
resolution that do not require Iraqi cooperation. In its
quarterly report to the Council on August 30, 2001, UNMOVIC
updated the UN Seccurity Council on measures it is taking to
prepare for inspections in Iraq, and indicated it ``has reached
a level of preparedness which would allow it to implement the
mandate given to it in an independent, effective and non-
provocative manner.'' We consult regularly with Dr. Blix and
his staff to provide the best support possible. In its semi-
annual report to the UN Security Council on April 6, 2001, the
IAEA indicated it is similarly prepared.
Ambassador Yuli Vorontsov, the Secretary General's high-
level coordinator for Kuwait Issues, presented his semiannual
report on stolen Kuwaiti property on June 20, 2001. On August
21, 2001, he submitted his periodic report to the Council on
Kuwaiti and third-country national prisoners. Both of these
reports demonstrate Iraq's continuing failure to comply fully
with its obligations under relevant UNSCRs. The Iraqi
Government continues to deny Ambassador Vorontsov entry to the
country.
The ``Oil-for-Food'' program, which is designed to provide
for the humanitarian needs of the Iraqi people as long as UN
sanctions remain in place, continues to expand. Iraq exported
$17.8 billion worth of oil in 2000 with the proceeds going to a
UN-controlled escrow account. On July 3, 2001, the Security
Council, having not reached agreement on a new resolution
embodying the new approach we advocate, extending the current
phase of the ``Oil-for-Food'' program for an additional 150
days. During this time, we will continue to work with Security
Council members to agree on the details of a new resolution
implementing the approach we favor.
U.S. AND COALITION FORCE LEVELS IN THE GULF REGION
Saddam Hussein's record of aggressive behavior necessitates
the deployment of a highly capable force in the region in order
to deter Baghdad and respond to any threat it might pose to its
neighbors, the reconstitution of its weapons of mass
destruction (WMD), or movement against the Kurds in northern
Iraq. We will continue to maintain a strong posture and have
established a rapid reinforcement capability to supplement our
forces in the Gulf, it needed.
OPERATION NORTHERN WATCH AND OPERATION SOUTHERN WATCH
Aircraft of the United States and coalition partners
patrolling the No-Fly Zones over Iraq under Operations NORTHERN
WATCH and SOUTHERN WATCH are routinely tracked by Iraqi radar,
fired upon by anti-aircraft artillery, and attacked with
surface-to-air missiles. Our aircrews continue to respond in
self-defense to threats against and attacks on our aircraft
patrolling the No-Fly Zones in accordance with Central
Command's (CENTCOM) well-established response options.
Maritime Intercept Operations
The U.S.-led maritime Multinational Interception Force
(MIF) continues to enforce UN sanctions in the Gulf. The
UnitedStates continues to approach potential participants in the MIF to
augment current partners. Canadian, Australian, and British forces are
currently operating with U.S. forces, and a Polish boarding team
completed its deployment in December.
Member states of the Gulf Cooperation Council (GCC) support
the MIF. The UAE still accepts the vast majority of vessels
diverted for violating UN sanctions against Iraq, but Kuwait,
at a distant second, is rapidly building up its numbers. Other
GCC nations are more hesitant to accept diverted vessels, but
all provide support in some form to the enforcement of UNSCR5
against Iraq.
From June through August 2001, monthly totals of smuggled
petroleum products through the Gulf averaged approximately the
same as they were in the previous three-month period. Iran
continues to deny use of its territorial waters to all but the
largest of smuggling vessels from which significant fees can be
obtained.
The MIF, and our ability to rapidly augment it, will
continue to serve as a critical deterrent to the smuggling of
prohibited items and products into and out of Iraq. As our Iraq
policy develops, we will need to assess whether MIF force
levels are adequate.
UNMOVIC/IAEA: WEAPONS OF MASS DESTRUCTION
There have been no Council-mandated inspections in Iraq
since December 15, 1998. Iraq's defiance of the international
consensus, as expressed by UNSCR 1284, has meant that no
progress has been made in addressing Iraq's outstanding
disarmament obligations. Iraq remains in violation of its
obligations to end its programs to develop weapons of mass
destruction and long-range missiles.
UNMOVIC has largely completed the hiring of its core staff
in New York and is continuing to hire people in an on-call or
``roster'' category, including Americans. UNMOVIC has completed
five training courses and is planning to hold a sixth course in
early 2002. The United States continues to provide UNMOVIC with
course instructors and facilities for hands-on training. We
consult with Dr. Blix and his staff regularly to provide the
best support possible. On August 30, 2001, UNMOVIC provided its
latest report on measures it is taking to prepare for
inspections in Iraq. IAEA last updated the Council on April 6,
2001.
DUAL-USE ITEMS
Although the ``Oil-for-Food'' program revenues are
designated for humanitarian purposes only, we remain concerned
that Iraq is abusing this program in an attempt to acquire
goods and materials for its weapons programs. The United
States, as a member of the UN Iraq Sanctions Committee, reviews
all contracts under the ``Oil-for-Food'' program (unless the
items are on a list pre-approved for expedited humanitarian
export) to ensure that items that are explicitly prohibited or
are ``dual-use'' items that can be used in either civilian or
military applications, are not allowed to be exported to Iraq.
We are continuing work aimed at refining controls to prevent
Iraq's unrestricted acquisition of such items.
UNSCR 1051 established a joint UNSCOM/IAEA unit to monitor
Iraq's authorized imports of WMD and missile-related items
(WMD/missile-related goods are also known as ``1051''-listed
goods). Under UN Security Council resolution 1284, UNMOVIC has
assumed this responsibility from UNSCOM, with the added
requirement to identify if a contract contains a 1051-listed
good. UNMOVIC has completed its task of revising the 1051 list
with the new chemical, biological, and missile lists taking
effect on July 13, 2001. The IAEA revised nuclear list went
into effect on July 13, 2001. The IAEA revised nuclear list
went into effect September 1, 2001. Since weapons inspectors
left Iraq in December 1998, the UN Office of the Iraq Programme
is the principal organization allowed to observe goods going
into Iraq under the ``Oil-for-Food'' program. Various UN
agencies have provided end-use verification to varying low
degrees. In the absence of weapons inspectors and other experts
on the ground in Iraq, the United States has placed holds on a
number of prohibited or dual-use contracts that otherwise
likely would have been approved if UNMOVIC/IAEA monitoring was
available.
THE UN'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. Under UN control,
the proceeds of Iraqi oil sales are used to purchase
humanitarian goods, fund UN Compensation Commission awards
against Iraq arising out of its invasion and occupation of
Kuwait, and to meet UN administrative costs. As of August 24,
2001, Iraq had exported more than $1.9 billion worth of oil
during the tenth 6 month phase of the ``Oil-for-Food'' program,
which began on July 4, 2001. According to UN data since the
start of the ``Oil-for-Food'' program, 16,978 contracts for
humanitarian goods worth over $25 billion havebeen approved
through June 30, 2001. To streamline the approval process for
humanitarian goods, we have agreed with the UN on a fast-track approval
process for some goods. However, as purchases under the program have
moved from basic humanitarian supplies to more expensive infrastructure
projects, the number and value of U.S. ``holds'' on contracts has
increased. The new approach outlined in the Security Council this year
would eliminate holds (contracts would either be approved or denied),
while ensuring that the Iraqi regime has less access to the goods most
important to its re-armament efforts.
The ``Oil-for-Food'' program maintains a separate program
for northern Iraq, administered directly by the UN in
consultation with the local authorities. This program, which
the United States strongly supports, ensures that when Iraq
contracts for the purchase of humanitarian goods, 13 percent of
the funds generated under the ``Oil-for-Food'' program are
spent on items for northern Iraq. Humanitarian efforts in
northern Iraq have led to a marked contrast between the health
of the population of the north, where indicators show an
improvement, and of the population living in the areas where
the UN does not administer the program.
International humanitarian programs, including most
importantly the ``Oil-for-Food'' program, have steadily
improved the life of the average Iraqi and led to improvements
in health care, water, sanitation, agriculture, education, and
other areas, while denying Saddam Hussein control over most of
Iraq's oil revenues.
However, as noted most recently in a May 18 UN report, the
Government of Iraq is not committed to using the funds
available through the ``Oil-for-Food'' program to improve the
health and welfare of the Iraqi people. Iraqi actions that have
reduced oil exports could cost the program more than $3
billion. Iraq suspended oil exports on June 4, 2001, following
the adoption of UN Security Council Resolution 1352, apparently
to express displeasure that the Council had not suspended
sanctions entirely. Another $1.9 billion remains unobligated in
the ``Oil-for-Food'' escrow account, as of September 4, 2001.
In addition, Iraqi contracting delays, cuts in food, medicine,
educational and other humanitarian sector allocations,
government attempts to impede or shut down humanitarian NGO
operations in northern Iraq, and Baghdad's recent expulsion of
eight UN officials from southern and central Iraq for
infringing national security demonstrate that the Iraqi regime
is attempting to undermine the effectiveness of the program. We
will continue to work with the UN Secretariat, other members of
the Security Council, and others in the international community
to ensure that the implementation of UNSCR 1284, and other
relevant UNSCRs, better enables the humanitarian needs of the
Iraqi people to be met while denying political or military
benefits to the Baghdad regime.
FLIGHT CONTROL REGIME
UNSC resolutions are open to competing interpretations
regarding international flights to Baghdad. The UNSC has so far
unsuccessfully attempted to reach a consensus agreement on new
procedures for international flights. In the absence of an
agreement, we continue to press for adherence to existing
Sanctions Committee procedures, which allow for Committee
approval of flights with a demonstrable humanitarian purpose.
The majority of international flights to Iraq in the past year
have operated following adherence to UNSC procedures.
NORTHERN IRAQ: KURDISH RECONCILIATION
The Kurdistan Democratic Party (KDP) and the Patriotic
Union of Kurdistan (PUK) continue their efforts to implement
the September 17, 1998, reconciliation agreement. They work
together effectively in a number of areas, including joint
efforts to bring the needs of their region to the attention of
the UN and the international community, and within the larger
Iraqi national democratic opposition movement. The situation in
northern Iraq is not settled, however, and we continue to look
for ways to encourage the parties to make greater progress
toward resolving their differences.
THE HUMAN RIGHTS SITUATION IN IRAQ
The human rights situation in Iraq continues to fall
severely short of international norms. UNSCR 688 expressly
notes that the consequences of the regime's repression of its
own people constitute a threat to international peace and
security in the region. It also demands immediate access by
international humanitarian aid organizations to all Iraqis in
need in all parts of Iraq. Yet, for more than 9 years the Iraqi
Government has refused to allow the UN Human Rights
Commission's Special Rapporteur for Iraq to visit the country.
UN human rights monitors have never been allowed in. On April
18, 2001, the United Nations Commission on Human Rights
strongly condemned ``the systematic, widespread and extremely
grave violations of human rights and of international
humanitarian law by theGovernment of Iraq, resulting in an all-
pervasive repression and oppression sustained by broad-based
discrimination and widespread terror.''
Human rights NGOs and other interested voices continue to
call for creation of an international tribunal to address the
war crimes and crimes against humanity of the Iraqi leadership.
United States Government policy supports this view: the
leadership of the Iraqi regime should be indicted and
prosecuted by an international criminal tribunal or by a
national court that can properly exercise jurisdiction over
them.
The Iraqi leadership's abuse of resources for personal
enrichment and attempts to manipulate the ``Oil-for-Food''
program continued unabated. Due to higher world oil prices,
Iraq has more revenue available to it to address the
humanitarian needs of its people via the ``Oil-for-Food''
program. The Iraqi leadership's command of illicit revenue has
also risen sharply for the same reason. Nonetheless, the
government fails to use such resources for the greatest benefit
to the people of Iraq.
In the north, outside the Kurdish-controlled areas, we
continue to receive reports of the regime forcibly expelling
ethnic Kurds and Turkomans from Kirkuk and other cities, and
transferring Arabs into their places. Saddam's security
apparatus continues to repress Shias.
THE IRAQI OPPOSITION
We continue to support the Iraqi Opposition, helping Iraqis
inside and outside Iraq to become a more effective voice for
the aspirations of the people, and working to build support for
the forces of change inside the country. They are working
toward the day when Iraq has a government worthy of its
people--a government prepared to live in peace with its people
and its neighbors. In late June, we extended our agreement with
the Iraqi National Congress (INC), providing an additional $6
million for its activities. This funding has allowed the INC to
continue operations at its headquarters, begin satellite
television broadcasting into Iraq, undertake outreach programs
to further develop its organization, deploy teams to advocate
the interests of the Iraqi people at international fora,
prepare for the delivery of humanitarian relief to Iraqis in
need, and manage assistance provided under the Iraq Liberation
Act (ILA). We plan to reach a new agreement with the INC in
October to provide them with further funding to continue such
activities.
THE UNITED NATIONS COMPENSATION COMMISSION
The United Nations Compensation Commission (UNCC) was
established and operates pursuant to UNSCR5 687 (1991) and 692
(1991). It continues to process claims and pay compensation for
losses and damages suffered by individuals, corporations,
governments and international organizations, as a direct result
of Iraq's unlawful invasion and occupation of Kuwait. To date,
the UNCC has issued approximately 2.6 million awards worth
about $35.4 billion, and has already paid $12.7 billion of
those awards. Of this later amount, the United States
Government has received approximately $197.8 million from the
UNCC for payment to U.S. claimants. Awards and the costs of the
UNCC's operation are paid from the Compensation Fund which is
funded through the allocation to it of a certain percentage of
the proceeds from authorized oil sales under Security Council
resolution 986 (1995) and subsequent extensions. The allotment
has generally been set at 30 percent. However, for the six-
month phase of the ``Oil-for-Food'' program beginning December
6, 2000, and ending June 6, 2001, and for the subsequent one-
month extension of that phase, there was a reduction in that
allotment to 25 percent. The five percent difference is
designed to fund specific programs intended to meet pressing
humanitarian needs of the Iraqi people. This reduction to 25
percent has been continued by the Security Council's 150-day
extension of the ``Oil-for-Food'' program.
CONCLUSION
Iraq remains a serious threat to international peace and
security. The Iraqi regime's record on human rights continues
to be abysmal. The United States remains determined to see Iraq
comply fully with all of its obligations under UNSC resolutions
while at the same time endeavoring to see that the humanitarian
needs of the Iraqi population are addressed. The United States
will continue to encourage and support those Iraqis working for
the day when Iraq rejoins the family of nations as a
responsible and law-abiding member under a new government that
serves its people, rather than represses them.