[Weekly Compilation of Presidential Documents Volume 31, Number 10 (Monday, March 13, 1995)]
[Pages 384-387]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Letter to Congressional Leaders on Iraq

March 8, 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

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reporting on the status of efforts to obtain Iraq's compliance with the 
resolutions adopted by the U.N. Security Council.
    The October 1994 provocation by Iraq is emblematic of Iraq's failure 
to demonstrate the ``peaceful intentions'' called for by the Security 
Council in Resolution 687, which ended the Gulf War. Indeed, since its 
recognition of Kuwait last November, Iraq has done nothing to comply 
with its numerous remaining obligations under Council resolutions. At 
its bimonthly review of Iraq sanctions in January, the Security Council 
voted unanimously to maintain the sanctions regime on Iraq without 
change. We shall also insist that the sanctions be maintained until Iraq 
complies with all relevant provisions of U.N. Security Council (UNSC) 
resolutions.
    The December 1994 report to the Council by the U.N. Special 
Commission on Iraq (UNSCOM) makes clear how far from full compliance 
Iraq remains in the area of weapons of mass destruction (WMD). Continued 
vigilance is essential because we believe that Saddam Hussein is 
committed to rebuilding his WMD capability. While UNSCOM has made 
progress in setting up the mechanics of monitoring (e.g., installing 
cameras, tagging equipment, and establishing the Baghdad monitoring 
center), the regime continues to withhold evidence of its past weapons 
programs in violation of the resolutions. Indeed, in the report, UNSCOM 
Chairman Ekeus expressed his conviction ``that important documentation 
(on past weapons programs) still exists and that the Iraqi authorities 
have taken a conscious decision not to release it freely to the 
Commission.'' In the same report, Chairman Ekeus makes clear that this 
information is necessary for a comprehensive weapons monitoring program.
    In addition to noncompliance 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. In January, the Kuwaiti government 
submitted to the Secretary General a list of the military equipment 
looted from Kuwait during the War. Iraq has taken no steps to return 
this or other Kuwaiti property stolen during the occupation, with the 
exception of initial preparations for the return of one Kuwaiti 
airplane. During the January review of sanctions, Ambassador Albright 
presented to the Council evidence acquired during Iraq's troop movements 
last October that proves that hundreds of pieces of Kuwaiti military 
hardware are now in the arsenals of Saddam Hussein's Republican Guard.
    The UNSC resolutions regarding Iraq do not prevent the shipment of 
food or medicine to that country. Yet the Iraqi government continues to 
maintain an embargo against its northern provinces and to divert 
humanitarian supplies to its supporters and the military. The Iraqi 
government also still refuses to sell up to $1.6 billion in oil as 
previously authorized by the Security Council in Resolutions 706 and 
712. Iraq could use proceeds from such sales to purchase additional 
foodstuffs, medicines, and supplies for civilian needs. Instead, Iraq's 
refusal to implement Security Council Resolutions 706 and 712 causes 
prolonged and needless suffering.
    The no-fly zones over northern and southern Iraq continue to deter 
Iraq from using its aircraft against its population. However, the Iraqi 
government continues 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, Iraqi repression of 
the Shi'a population, and specifically the Marsh Arabs, continues, as 
does a policy of deliberate environmental devastation. 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 traditional 
lifestyle of Iraq's marsh Arabs, which has endured for centuries, may 
soon disappear altogether. In early February, Iraqi Shi'a oppositionists 
based in southern Iran launched a cross-border attack against Iraqi 
forces near Al-Qumah but were repelled.
    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 and the widespread phenomena

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of political killings, mass executions, and state-sponsored terrorism. 
He has reported the recent use by Iraq of new forms of punishment, such 
as the amputation of ears and hands and the branding of foreheads. The 
U.N. General Assembly condemned these mutilations in a December 1994 
resolution. Clearly, the Government of Iraq has not complied with the 
provisions of UNSC Resolution 688 requiring it to 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 the last report, 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 Interdiction 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 3 years, the story has not changed; the Baghdad regime 
flouts the sanctions, demonstrates disdain for the United Nations and, 
in our view, engages in actions that 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 2.5 million claims worldwide, with an asserted value of $160 
billion. The United States has submitted 3,200 claims, with an asserted 
value of $1.7 billion.
    To date, the UNCC Governing Council has approved 59,000 individual 
awards, worth about $240 million. About 500 awards totaling $11.4 
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 Persian Gulf 
War.
    In sum, Iraq is still a threat to regional peace and security. Thus, 
I am determined to maintain sanctions until Iraq has fully complied with 
all its obligations under the UNSC resolutions and will oppose any 
discussions of the relaxation of sanctions until Iraq has demonstrated 
its overall compliance with the relevant Security Council resolutions. 
Ambassador Albright is traveling to Security Council capitals to convey 
my determination on this vital matter.
    As I have made clear before, Iraq may rejoin the community of 
civilized nations by adopting democratic processes, respecting human 
rights, treating its people equally, and adhering to basic norms of 
international behavior. The 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

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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. This letter was released by the Office of the Press Secretary on 
March 9.