    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book II)]
    [August 3, 1995]
    [Pages 1197-1199]
    [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
    August 3, 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 the most recent review of Iraq sanctions on July 11,
    1995, the Security Council unanimously decided 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.
        Iraq remains out of compliance with its obligations regarding
    weapons of mass destruction (WMD), according to recent reports from the
    U.N. Special Commission on Iraq (UNSCOM). Iraq's recent admission that
    it had an offensive biological weapons program has received much
    attention. This admission should come as no surprise, the evidence of
    this program having been known for some time. Now we must see if Iraq
    discloses the details of this program, as required. If history is any
    indicator, we can expect Iraq to conceal information about details of
    the program until confronted with irrefutable evidence by UNSCOM.
        The Iraqi regime recently said it would not be forthcoming on its
    biological weapons program until UNSCOM ``closed the file'' in the
    missile and chemical weapons areas. This type of quid pro quo is
    unacceptable. The Council's resolutions are unconditional. Iraq cannot
    trade compliance in one for a ``clean slate'' in another. The fact that
    issues remain to be addressed in these various areas can be directly
    attributed to a pattern of Iraqi obfuscation. Moreover, the nature of
    UNSCOM's mandate is such that files can never be pronounced ``closed.''
    The UNSCOM must be able to investigate new leads as they arise in any
    area.
        In addition to failing to comply with the WMD provisions of Security
    Council resolutions,

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    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 some third-country nationals missing since
    the Iraqi occupation.
        Iraq has also not returned to Kuwait the millions of dollars worth
    of Kuwaiti property looted during the occupation. This includes a vast
    store of military equipment. Earlier this year, Iraq dumped a large
    amount of military equipment on the Kuwaiti border in an attempt to
    convince the Council it was making a good-faith effort to comply. None
    of the equipment returned was operational. It had all been stripped bare
    of anything of value. Some of the material returned had not even
    originated in Kuwait; it was captured from Iran during the Iran-Iraq
    War. Some vehicles and items still bore hastily painted-over portraits
    of the Ayatollah Khomeini and contained Iranian identity papers. None of
    the top-of-the-line military equipment looted from Kuwait has been
    returned.
        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 Hussein's failure to comply with
    Council requirements. Nonetheless, on June 1, Secretary General Boutros-
    Ghali informed the Security Council that Iraq had officially refused to
    implement this resolution. The sanctions regime does not prevent the
    shipment of food or medicine to Iraq. However, Saddam Hussein continues
    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 Iraq's 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 human rights situation in Iraq remains unchanged. As previously
    reported by the Special Rapporteur of the U.N. Commission on Human
    Rights (UNHRC), Max van der Stoel, the Iraqi military's repression
    against civilian populations continues, as do 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.
        The Multinational Interception Force (MIF) continues to play a vital
    role in enforcing U.N. economic sanctions against Iraq. The Gulf states
    of Saudi Arabia, Qatar, Bahrain, the United Arab Emirates, and Kuwait
    have cooperated with the MIF by accepting ships intercepted for
    attempting to smuggle commodities from Iraq and in taking action against
    their cargoes in accordance with relevant U.N. Security Council
    resolutions, including Resolutions 665 and 778. In addition, the United
    States has provided information to the Governments of Panama, Honduras,
    St. Vincent and the Grenadines, and the United Arab Emirates concerning
    sanctions violations committed by vessels under their flags. Two of
    these governments have initiated deflagging proceedings, with Panama
    formally deflagging one vessel.
        For more than 3 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 contraventions
    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

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    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 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 355,000
    individual awards, worth about $1.39 billion. About 620 awards totaling
    over $11.8 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 4 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. Iraq should adopt democratic processes, respect
    human rights, treat its people equitably, and adhere to basic norms of
    international behavior.
        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 Albert Gore, Jr., President of the Senate.