[House Document 107-56]
[From the U.S. Government Publishing Office]
107th Congress, 1st Session - - - - - - - - - - - - - House Document 107-56
STATUS OF UNITED STATES EFFORTS REGARDING
IRAQ'S COMPLIANCE WITH UNSC RESOLUTIONS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
Transmitting
A REPORT ON THE STATUS OF EFFORTS TO OBTAIN IRAQ'S COMPLIANCE WITH
VARIOUS RESOLUTIONS ADOPTED BY THE UNITED NATIONS SECURITY COUNCIL,
PURSUANT TO 50 U.S.C. 1541
April 24, 2001.--Referred to the Committee on International Relations
and ordered to be printed
The White House,
Washington, April 12, 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 various resolutions adopted by the United
Nations Security Council. The last report, consistent with
Public Law 102-1, was transmitted on January 19, 2001.
Sincerely,
George W. Bush.
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 are
conducting a policy review to determine the best means of
advancing our interests. There are several elements of this
review, including strengthening international cooperation to
minimize Iraq's ability to re-arm. We are also considering how
best to achieve our objective of regime change.
We will continue to contain the threats posed by Iraq, but,
over the long-term, the best way to eliminate them 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 measurable
progress in the past year in reestablishing its presence,
developing its plans, beginning administrative and some program
operations using United States Government funding, and
beginning training under the Iraq Liberation Act (ILA).
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 to
suspected WMD sites in Iraq. 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
February 27, 2001, UNMOVIC updated the UN Security Council on
measures it is taking to prepare for inspections in Iraq, and
indicated it continues to improve on its previously reported
state of readiness to conduct inspections. We consult regularly
with Dr. Hans 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 first report
on stolen Kuwaiti property on June 14, 2000, and on August 17,
2000, he submitted his second report to the council on Kuwaiti
and third-country national prisoners. 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 exported
$17.8 billion worth of oil in 2000 with the proceeds going to
UN-controlled escrow account. On December 5, 2000, the Council
extended the program for an additional 180 days, continuing its
past practice.
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 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 are still routinely tracked by Iraqi
radar, are regularly engaged by antiaircraft artillery, and on
occasion, are attacked by 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. One recent
example of our continued response to Iraqi provocations was the
February 16 response against selected air defense targets.
Leading up to that date, Iraq had made significant upgrades to
its air defense posture, and had been threatening allied pilots
more frequently as they patrolled the No-Fly Zones. While this
response received significant media attention, it was carried
out in accordance with CENTCOM's 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 United
States continues to approach potential participants in the MIF
to augment current partners. A Polish special forces boarding
team completed three months of participation in January 2001.
An Argentine boarding team was scheduled to complete
itsdeployment in March. Australia plant to send a frigate and a
maritime patrol aircraft in late summer.
Member states of the Gulf Cooperation Council (GCC)
continue to support the MIF. The UAE accepts the vast majority
of vessels diverted for violating UN sanctions against Iraq,
with Kuwait a distant second. While other GCC nations are
reluctant to accept diverted vessels, all provide support to
the enforcement of UNSCRs against Iraq.
From September through December 2000, the smuggling of
petroleum products through the Gulf was significantly reduced,
with monthly totals the lowest in almost two years. This
reduction was due primarily to the fact that Iran generally
denied smugglers access to its territorial waters, and possibly
due to the apparent opening of the Syrian pipeline. While there
is no indication that Iran has re-opened its territorial seas
to smugglers, and while the monthly smuggling totals remain
relatively low, there has been a steady increase since January.
In early March, 2001, MIF forces observed an exchange of
gunfire between a smuggling vessel and an Iranian vessel.
Though no coalition forces were involved, this was the first
time in ten years of MIF operations that we have encountered an
armed smuggler.
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. 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 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.
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
its first three training courses and will hold a fourth in May
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 February 27,
UNMOVIC updated the UN Security Council on measures it is
taking to prepare for inspections in Iraq.
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, generally review all
contracts under the ``oil-for-food'' program to ensure that
items that are explicitly prohibited or pose significant duel-
use concerns are not allowed to be imported.
Resolution 1051 established a joint UNSCOM/IAEA unit to
monitor Iraq's authorized imports of dual-use WMD items (dual-
use 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, in its estimation, a contract contains a ``1051''-
listed good. 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-good'' 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 dual-use contracts that otherwise
might have been approved with UNMOVIC/IAEA monitoring.
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. In Resolution
1284, the UN Security Council authorized Iraq to export as much
petroleum and petroleum products as required to meet
humanitarian needs of the Iraqi population, and for other
specified purposes. Under UN control, the proceeds are used to
purchase humanitarian goods, fund UNCC awards against Iraq
arising out of its invasion and occupation of Kuwait, and to
meet UN administrative costs. As of March 9, Iraq has exported
more than $2.0 billion worth of oil during the ninth six-month
phase of the ``oil-for-food'' program, which began on December
5, 2000. According to UN data since the start of the ``oil-for-
food'' program 14,118 contracts for humanitarian goods worth
nearly $20 billion have beenapproved through January 31, 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. 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 healthcare, water, sanitation, agriculture, education, and
other areas, while denying Saddam Hussein control over Iraq's
oil revenues.
However, as noted in a March 2 UN report, the Government of
Iraq is not using the funds available through the ``oil-for-
food'' program to improve the health and welfare of the Iraqi
people. Reduced oil exports, and the conversion of oil funds to
euros from dollars, could cost the program more than $6
billion; another $4 billion remain unobligated in the ``oil-
for-food'' escrow account. In addition, Iraqi contracting
delays, cuts in food, medicine, educational and other
humanitarian sectors, and government attempts to shut down
humanitarian NGO operations in northern Iraq 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
1284, and other relevant UNSCRs, 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
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.
Most flights have complied with those 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 over nine 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. In his
first two reports on the human rights situation in Iraq,
Special Rapporteur Andreas Mavroinmatis 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.
Human rights NGOs and other interested voices continue to
call for the 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. There have also been
reports of Shia in certain sections of Baghdad being relocated.
the iraqi opposition
We are continuing our support for 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 February 28, 2001, we signed an extension to the $4
million grant agreement we have with the Iraqi National
Congress (INC). This extension allows the INC to continue
operations at its headquarters, begin satellite TV and radio
broadcasting, 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, initiate an information
collection program, and manage assistance provided under the
Iraq Liberation Act (ILA). At the same time, we are working
with the INC to negotiate a follow-on agreement.
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 $190 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 of a certain percentage of the proceeds
from authorized oil sales under Security Council Resolution 986
(1995) and subsequent extensions. The allocated percentage has
generally been set at 30 percent. However, for the current 6-
month phase of the ``oil-for-food'' program, beginning December
6, 2000, and ending June 6, 2001, there has been a temporary
reduction in that allotment to 25 percent. The 5-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. 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.