[House Document 107-25]
[From the U.S. Government Printing Office]



                                     

107th Congress, 1st Session - - - - - - - - - - - - House Document 107-25


 
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




January 20, 2001.--Referred to the Committee on International Relations 
                       and ordered to be printed

                                           The White House,
                                      Washington, January 19, 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 as 
amended by Public Law 106-113), 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. My last report, 
consistent with Public Law 102-1, was transmitted on October 
18, 2000.

            Sincerely,


                                                William J. Clinton.


     Status of U.S. Efforts Regarding Iraq's Compliance With UNSC 
                              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 will continue 
to contain these threats, but over the long term the best way 
to end them is through a new government in Baghdad. To this 
end, we support efforts by Iraqis inside their country and out 
to bring about a new regime in Baghdad that is able to live at 
peace with its people and its neighbors.
    Iraq continues to reject United Nations Security Council 
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. 
Nonetheless, the UN continues to implement those parts of the 
Resolution which do not require Iraqi cooperation. In its 
quarterly report to the Council on December 1, UNMOVIC 
reiterated its improving state of readiness to begin 
preparatory work in Iraq and carry out its mandated activities. 
We consult regularly with Dr. Blix and his staff to provide the 
best support possible.
    Ambassador Yuli Vorontsov, the Secretary General's high-
level coordinator for Kuwait Issues, presented his second 
report to the Council on Kuwaiti and third-country national 
prisoners on August 17; and on June 14, he submitted his first 
report on stolen Kuwaiti property. Both of these reports 
demonstrate Iraq's continuing failure to cooperate fully with 
its obligations to the international community. 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 is 
expected to export some $20 billion worth of oil in 2000 with 
the proceeds going to a UN-controlled escrow account. On 
December 5, 2000, the Council extended the program for an 
additional 180 days, continuing its past practice.
    In pursuit of our goal of a new government in Iraq, the 
United States continues to work with the external Iraqi 
opposition to help them become a viable, alternative voice for 
Iraqis in the international arena. The external opposition has 
made good strides in the past year in reestablishing its 
presence, developing its plans, beginning administrative and 
some program operations using USG funding, and beginning 
training under the Iraq Liberation Act (ILA).
    Another aspect of our efforts to bring about a new 
government in Baghdad is our support for the creation of an 
international tribunal to address the crimes against humanity 
committed by the current Iraqi leadership. Saddam Hussein and 
his most senior henchmen should be held accountable for their 
three decades of misrule. Their glaring abuse of human rights 
in Iraq, and in those countries subjected to Iraqi aggression, 
underscore the fact that the current Iraqi regime will never 
live at peace with its people or its neighbors.

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 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 will continue to 
maintain a strong posture and have established a rapid 
reinforcement capability to supplement our forces in the Gulf, 
if 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 continued to be threatened by Iraqi 
air defense forces. The Iraqis routinely track coalition 
aircraft with radar, the Iraqis frequently fire anti-aircraft 
artillery at coalition aircraft, and occasionally fire surface-
to-air missiles at coalition aircraft. Our aircrews continue to 
respond in self-defense to threats against and attacks on our 
aircraft patrolling the No-Fly Zones.

The Maritime Interception Force

    The maritime Multinational Interception Force (MIF) 
continues to enforce UN sanctions in the Gulf. The United 
States continues to encourage foreign nations to participate in 
the MIF to increase the numbers of countries contributing to 
the enforcement of sanctions. Poland participated from November 
2000 through January 2001.
    Member states of the Gulf Cooperation Council (GCC) 
continue to support the MIF and accept vessels diverted for 
violating UN sanctions against Iraq. Since July, the smuggling 
of petroleum products through the Gulf has been significantly 
reduced, with monthly totals from September through December 
2000 the lowest in 15 months. This reduction is due primarily 
to the fact that Iran continues to mostly deny smugglers access 
to its territorial waters. There is still no indication that 
this state of affairs will be permanent, and Iran has in the 
past reversed course on this issue without warning.
    The MIF, and our ability to rapidly augment it, will 
continue to serve as a critical deterrent to both the smuggling 
of petroleum products out of Iraq and the smuggling of 
prohibited items into Iraq.

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 Resolution 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.
    The UNMOVIC has now nearly 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 its first two training courses and will hold a third 
in February 2001. For its first training program, the United 
States provided 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 December 1, 
2000, UNMOVIC reiterated its readiness to begin preparatory 
work in Iraq and carry out its mandated activities.

Dual-Use Imports

    Although the ``oil-for-food'' program revenues are 
designated for humanitarian purposes only, we remain concerned 
that Iraq is using 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 to ensure that 
items that are explicitly prohibited or pose significant dual-
use concerns are not allowed to be imported.
    Resolution 1051 established a joint UNSCOM/IAEA unit to 
monitor Iraq's imports of allowed dual-use WMD items (known as 
``1051''-listed goods). Under UN Security Council Resolution 
1284, UNMOVIC has assumed this responsibility from UNSCOM. 
Since weapons inspectors left Iraq in December 1998, the UN 
Office of the Iraq Programme is the only organization allowed 
to observe goods going into Iraq under the ``oil-for-food'' 
program. In the absence of weapons inspectors and other experts 
on the ground in Iraq, the United States has placed holds on a 
number of 1051 and dual-use contracts that otherwise might have 
been approved with UNMOVIC/IAEA monitoring.

The UN ``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. In Resolution 
1284, the UN Security Council authorized Iraq to export as much 
oil as required to meet humanitarian needs of the Iraqi 
population. Under UN control, the proceeds are used to purchase 
humanitarian goods, fund awards against Iraq arising out of its 
invasion and occupation of Kuwait, and to meet UN 
administrative costs. During the eighth six-month phase of the 
``oil-for-food'' program, which ended on December 5, 2000, Iraq 
exported more than $9.5 billion worth of oil. According to UN 
data since the start of the ``oil-for-food'' program 12,828 
contracts for humanitarian goods worth over $17 billion have 
been approved through October 31, 2000. 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. We view Resolution 1284 as a vehicle for significant 
improvement of the humanitarian situation in Iraq and are eager to see 
all aspects of it implemented as rapidly as possible.
    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.
    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 Iraq's 
oil revenues.
    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 
1284 better enables the humanitarian needs of the Iraqi people 
to be met while denying political or economic benefits to the 
Baghdad regime.

Flight Control Regime

    The United Nations Security Council resolutions are open to 
competing interpretations regarding international flights to 
Baghdad. Consequently, the UNSC is attempting to reach a 
consensus agreement on new procedures for international 
flights. We are working to ensure that any new procedures 
provide, among other things, adequate Sanctions Committee 
control and meaningful inspection of aircraft cargo.

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 far 
short of international norms. The 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 pars of Iraq. Yet, for over nine years, the Iraqi 
Government has refused to allow the UN Human Rights 
Commission's Special Rapporteur for Iraq to visit the country. 
United Nations human rights monitors have never been allowed 
in. Newly appointed Special Rapporteur Andreas Mavrommatis 
asked the Government of Iraq for access so that he might make a 
personal inspection; the Iraqi Government has refused to honor 
his request. In his first report on the human rights situation 
in Iraq, Special Rapporteur Mavrommatis urged the government to 
alleviate the suffering of the Iraqi people and to accept and 
comply with the terms of all Security Council resolutions, 
including Resolution 1284.
    Echoing Mavrommatis' findings, the UN General Assembly 
December 4 condemned the ``systematic, widespread, and 
extremely grave violations of human rights'' in Iraq that 
resulted in what is said was an ``all-pervasive repression and 
oppression sustained by broad-based discrimination and 
widespread terror.'' The UNGA vote passed 102 in favor, 60 
abstentions, and three opposed (Libya, Sudan, and Mauritania).
    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 most 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. There have also been 
reports of Shia in certain sections of Baghdad being relocated.

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.
    On September 29, 2000, we signed a grant agreement with the 
Iraqi National Congress (INC) for $4 million. This provided 
them the resources necessary to continue operations at their 
headquarters, begin satellite television and radio 
broadcasting, undertake outreach programs to further develop 
their 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).

The United Nations Compensation Commission

    The United Nations Compensation Commission (UNCC), was 
established and operates pursuant to UNSCRs 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 $32 billion. Of these, the United States Government 
has received approximately $117 million from the UNCC for 
payment to U.S. claimants. Awards and the costs of the UNCC's 
operation are paid for 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 percentage 
has generally been set at 30 percent. However, for the current 
six-month phase of the ``oil-for-food'' program, beginning 
December 6 and ending June 6, there has been a temporary 
reduction in that percentage to 25 percent. The five percent 
difference will go to fund specific programs intended to meet 
pressing humanitarian needs of the Iraqi people.

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 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.