    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book I)]
    [May 17, 1995]
    [Pages 699-701]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Letter to Congressional Leaders Reporting on Iraq's Compliance With
    United Nations Security Council Resolutions
    May 17, 1995

    Dear Mr. Speaker:  (Dear Mr. President:)
        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 of 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 Iraqi failure to provide
    complete information about its past weapons programs means UNSCOM cannot
    be assured that its monitoring regime is 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 Iraq 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 WMD 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. Iraq 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

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    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 the 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.
        Baghdad'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 Baghdad
    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

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    States has submitted approximately 3,300 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

    Note: Identical letters were sent to Newt Gingrich, Speaker of the House
    of Representatives, and Strom Thurmond, President pro tempore of the
    Senate.