[Weekly Compilation of Presidential Documents Volume 31, Number 20 (Monday, May 22, 1995)]
[Pages 847-849]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Letter to Congressional Leaders on Iraq

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. Ambas- 

[[Page 848]]

sador Albright has presented to the Council evidence acquired during 
Iraq's troop movements last October that 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

[[Page 849]]

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 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.