[Weekly Compilation of Presidential Documents Volume 30, Number 14 (Monday, April 11, 1994)]
[Pages 739-741]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
on Iraq

April 7, 1994

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.
    It remains our judgment that the U.N. Special Commission on Iraq 
(UNSCOM) and the International Atomic Energy Agency (IAEA) have 
effectively disbanded the Iraqi nuclear weapons program at least for the 
near term. The United Nations has destroyed Iraqi missile launchers, 
support facilities, and a good deal of Iraq's indigenous capability to 
manufacture prohibited missiles. The UNSCOM teams have reduced Iraq's 
ability to produce chemical weapons; inventorying and destroying 
chemical munitions. The United Nations has inspected, and is preparing 
to monitor, several facilities identified as capable of supporting a 
biological weapons program.
    Iraq's formal acceptance of U.N. Security Council Resolution (UNSCR) 
715 (ongoing monitoring and verification) in November 1993 was long 
overdue. The next challenge for the international community is to ensure 
that Iraq does not break its promise on ongoing monitoring and 
verification as Iraq has repeatedly done so in the past on other 
commitments. Continued vigilance is necessary because we believe that 
Saddam Hussein is committed to rebuilding his weapons of mass 
destruction (WMD) capability.
    We are seriously concerned about the many contradictions and 
unanswered questions remaining in regard to Iraq's WMD capability, 
especially in the chemical weapons area. It is therefore extremely 
important that the international community establish an effective, 
comprehensive, and sustainable ongoing monitoring and verification 
regime as required by UNSCR 715.
    Rolf Ekeus, the Chairman of UNSCOM, has told Iraq that it must 
establish a clear track record of compliance before he can report 
favorably to the Security Council. However, Chairman Ekeus has said he 
does not expect to be able to report before the end of the year, at the 
earliest. We strongly endorse Chairman Ekeus' approach and reject any 
establishment of a timetable for determining whether Iraq has complied 
with UNSCR 715. There must be a sustained period of unquestionable, 
complete compliance with the monitoring and verification plans.
    The ``no-fly zones'' over northern and southern Iraq permit the 
monitoring of Iraq's compliance with UNSCRs 687 and 688. Over the last 2 
years, the northern no-fly zone has deterred Iraq from a major military 
offensive in the region. Since the no-fly zone was established in 
southern Iraq, Iraq's use of aircraft against its population in the 
region has

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stopped. However, Iraqi forces have responded to the no-fly zone by 
stepping up their use of land-base artillery to shell marsh villages.
    Indeed, the ongoing military campaign against the civilian 
population of the marsh villages intensified during the beginning of 
March. A large search-and-destroy operation is taking place. The 
offensive includes the razing of villages and large-scale burning 
operations, concentrated in the triangle bounded by An Nasiriya, Al 
Qurnah, and Basrah. The magnitude of the operation is causing civilian 
inhabitants to flee toward Iran, as well as deeper into the marshes 
toward the outskirts of southern Iraqi cities.
    In northern Iraq, in the vicinity of Mosul, there is both Iraqi 
troop movement and some increase in the number of troops. Iraqi 
intentions are not clear and we are watching this situation closely.
    The Special Rapporteur of the U.N. Commission on Human Rights, Max 
van der Stoel, presented a new report in February 1994 on the human 
rights situation in Iraq describing the Iraqi military's continuing 
repression against its civilian populations in the marshes. The Special 
Rapporteur asserts that the Government of Iraq has engaged in war crimes 
and crimes against humanity, and may have committed violations of the 
1948 Genocide Convention. Regarding the Kurds, the Special Rapporteur 
has judged that the extent and gravity of reported violations places the 
survival of Kurds in jeopardy. The Special Rapporteur judged that there 
are essentially no freedoms of opinion, expression, or association in 
Iraq. Torture is widespread in Iraq and results from a system of state-
terror successfully directed at subduing the population. The Special 
Rapporteur repeated his recommendation for the establishment of human 
rights monitors strategically located to improve the flow of information 
and to provide independent verification of reports.
    The United States continues to work closely with the United Nations 
and other organizations to provide humanitarian relief to the people of 
northern Iraq. Iraqi government efforts to disrupt this assistance 
unfortunately persist. We continue to support U.N. efforts to mount a 
relief program for persons in Baghdad and the South, provided that 
supplies are not diverted by the Iraqi government. We have stepped up 
efforts to press for the placement of human rights monitors for Iraq as 
proposed by the U.N. Special Rapporteur. We also continue to support the 
establishment of a U.N. commission to investigate and publicize Iraqi 
war crimes, crimes against humanity, and other violations of 
international law.
    The Security Council most recently addressed Iraqi sanctions at its 
March 18, 1994, regular 60-day review of Iraq's compliance with its 
obligations under relevant resolutions. At that meeting, Security 
Council members were in agreement that Iraq is not in compliance with 
resolutions of the Council, and that existing sanctions should remain in 
force, without change.
    The sanctions regime exempts medicine and, in the case of 
foodstuffs, requires only that the U.N. Sanctions Committee be notified 
of food shipments. The Sanctions Committee also continues to consider 
and, when appropriate, approve requests to send to Iraq materials and 
supplies for essential civilian needs. The Iraqi government, in 
contrast, has maintained a full embargo against its northern provinces 
and has acted to distribute humanitarian supplies only to its supporters 
and to the military.
    The Iraqi government has so far refused to sell $1.6 billion in oil 
as previously authorized by the Security Council in UNSCRs 706 and 712. 
Talks between Iraq and the United Nations on implementing these 
resolutions ended unsuccessfully in October 1993. Iraq could use 
proceeds from such sales to purchase foodstuffs, medicines, materials, 
and supplies for essential civilian needs of its population, subject to 
U.N. monitoring of sales and the equitable distribution of humanitarian 
supplies (including to its northern provinces). Iraqi authorities bear 
full responsibility for any suffering in Iraq that results from their 
refusal to implement UNSCRs 706 and 712.
    Proceeds from oil sales also would be used to compensate persons 
injured by Iraq's unlawful invasion and occupation of Kuwait. The U.N. 
Compensation Commission (UNCC) has received about 2.3 million claims so 
far, with another 200,000 expected. The U.S. Government has now filed a 
total

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of eight sets of individual claims with the Commission, bringing U.S. 
claims filed to roughly 3,000 with a total asserted value of over $205 
million. In addition, the U.S. Government intends to submit this summer 
numerous corporate claims filed by American corporations and is 
currently reviewing over 180 claims by U.S. businesses for possible 
submission to the UNCC. The asserted value of U.S. corporate claims 
received to date is about $1.6 billion.
    During the week of March 21, 1994, the Commission's Governing 
Council adopted decisions on how to allocate future funds among 
different claimants and how to ensure that payments made to claimants 
through national governments would be made in a timely, fair, and 
efficient manner. Meanwhile, a panel of commissioners began to work on 
the first set of individual claims for serious personal injury or death. 
The panel is expected to report its findings to the Governing Council in 
its spring meeting, scheduled for May 1994.
    U.N. Security Council Resolution 778 permits the use of a portion of 
frozen Iraqi oil assets to fund crucial U.N. activities concerning Iraq, 
including humanitarian relief, UNSCOM, and the Compensation Commission. 
(The funds will be repaid, with interest, from Iraqi oil revenues as 
soon as Iraqi oil exports resume.) The United States is prepared to 
transfer to a U.N.-managed escrow account up to $200 million in frozen 
Iraqi oil assets held in U.S. financial institutions, provided that U.S. 
contributions do not exceed 50 percent of the total amount contributed 
by all countries. We have arranged a total of about $113 million in such 
matching contributions thus far.
    Iraq still has not met its obligations concerning Kuwaitis and 
third-country nationals it detained during the war. Iraq has taken no 
substantive steps to cooperate fully with the International Committee of 
the Red Cross (ICRC), as required by UNSCR 687, although it has received 
more than 600 files on missing individuals. We continue to work for 
Iraqi compliance.
    Examples of Iraqi noncooperation and noncompliance continue in other 
areas. For instance, reliable reports indicate that the Government of 
Iraq is offering reward money for terrorist acts against U.N. and 
humanitarian relief workers in Iraq. The offering of bounty for such 
acts, as well as the commission of such acts, in our view, constitute 
violations of UNSCRs 687 and 688. In the latest series of attacks on the 
international relief community, there were two incidents in which 
members of the U.N. Guard Contingent in Iraq were shot and seriously 
wounded in March 1994.
    As I stated in my last report to you on this issue, Iraq can rejoin 
the community of civilized nations only through democratic processes, 
respect for human rights, equal treatment of its people, and adherence 
to basic norms of international behavior. Iraq's government should 
represent all Iraq's people and be committed to the territorial 
integrity and unity of Iraq. The Iraqi National Congress (INC) espouses 
these goals, the fulfillment of which would make Iraq a stabilizing 
force in the Gulf region.
    I am grateful for the support by the Congress of our efforts.
    Sincerely,
                                            William J. Clinton

Note: Identical letters were sent to Thomas S. Foley, Speaker of the 
House of Representatives, and Robert C. Byrd, President pro tempore of 
the Senate.