[Weekly Compilation of Presidential Documents Volume 35, Number 20 (Monday, May 24, 1999)]
[Pages 945-951]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Letter to Congressional Leaders on Iraq's Compliance With United Nations 
Security Council Resolutions

May 19, 1999

Dear Mr. Speaker:  (Dear Mr. President:)

    Consistent with the Authorization for Use of Military Force Against 
Iraq Resolution

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(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 United Nations Security 
Council (UNSC). My last report consistent with Public Law 102-1, was 
transmitted on March 3, 1999.

Overview

    There have been no United Nations Special Commission (UNSCOM) or 
International Atomic Energy Agency (IAEA) inspections in Iraq since 
December 15, 1998. On January 30, 1999, the UNSC established three 
assessment panels on Iraq to address disarmament, humanitarian, and 
Kuwait-related issues. Brazilian Ambassador to the United Nations Celso 
Amorim, who chaired the panels, presented the panels' conclusions to the 
Security Council on April 6.
    The disarmament panel confirmed UNSCOM's earlier findings that Iraq 
has failed to comply with its obligations under UNSC resolutions, and 
that significant disarmament issues have not yet been resolved. It also 
confirmed the validity of the disarmament and monitoring plan endorsed 
by Resolution 715.
    The humanitarian panel noted that, despite considerable improvements 
in the humanitarian situation since the oil-for-food program began, 
serious problems remain. The report highlighted the Government of Iraq's 
failure to order and distribute critical supplies, and its inequitable 
distribution practices. It also identified a significant shortfall in 
revenue for the oil-for-food program. This problem has been largely 
caused by low oil prices during the last year, but Iraq's limited oil 
production capabilities have also been a factor.
    The Kuwait-issues panel cited Iraq's failure to comply with its 
requirement to provide information on Kuwaiti and other missing persons 
from the Gulf War, as well as its failure to comply with the requirement 
to return property stolen during the Gulf War, including Kuwait's 
national archives.
    The 6-month reports submitted to the Security Council by Ambassador 
Butler and IAEA Director-General Mohammed El Baradei in April 1999 
reflected the refusal by Iraq to add substantively to their ability to 
resolve outstanding disarmament and monitoring issues. In New York, 
UNSCOM continued to implement its mandate: by assessing the situation on 
the ground in Iraq after the military action in December, by choosing 
new sites for future inspection, by refining inspection protocols, by 
continuing a dialogue with member nations to obtain information about 
Iraq's past and present activities, and by continuing to improve the 
Export-Import Monitoring Mechanism.
    The United States continues to support the international community's 
efforts to provide for the humanitarian needs of the Iraqi people 
through the oil-for-food program.
    We are convinced that as long as Saddam Hussein remains in power, he 
will continue to threaten the well-being of his people, the peace of the 
region and the security of the world. We will continue to contain these 
threats, but over the long term the best way to address them is through 
a new government in Baghdad. To that end, working with the Congress, we 
have deepened our engagement with the forces of change in Iraq to help 
make the opposition a more effective voice for the aspirations of the 
Iraqi people.

U.S. and Coalition Force Levels in the Gulf Region

    Saddam Hussein's record of aggressive behavior compels us to retain 
a highly capable force in the region in order to deter Iraq and respond 
to any threat it might pose to its neighbors, the reconstitution of its 
WMD program, or movement against the Kurds in northern Iraq. We 
demonstrated our resolve in mid-December when forces in the region 
carried out Operation Desert Fox to degrade Iraq's ability to develop 
and deliver weapons of mass destruction and its ability to threaten its 
neighbors. We will continue to maintain a robust posture and have 
established a rapid reinforcement capability to supplement our forces in 
the Gulf, if needed.
    Our forces that deployed to the region include land- and carrier-
based aircraft, surface warships, a Patriot missile battalion, a 
mechanized battalion task force and a mix of special operations forces 
deployed in support of U.S.

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Central Command. To enhance force protection throughout the region, 
additional military security personnel are also deployed. Because of the 
increased air-defense threat to coalition aircraft, we have also added a 
robust personnel recovery capability.

Operation Northern Watch and Operation Southern Watch

    The United States and coalition partners enforcing the no-fly-zones 
over Iraq under Operations Northern Watch and Southern Watch continue to 
be subject to multiple anti-aircraft artillery firings and radar 
illuminations, and have faced more than 35 surface-to-air missile 
attacks. Additionally, since the conclusion of Desert Fox, Iraqi 
aircraft have committed over 120 no-fly zone violations.
    In response to Iraq's repeated no-fly-zone violations and attacks on 
our aircraft, I have authorized our aircrews to respond directly and 
forcibly to the increased Iraqi threat. United States and coalition 
forces are fully prepared and authorized to defend themselves against 
any Iraqi threat while carrying out their no-fly zone enforcement 
mission and have, when circumstances warranted, engaged various 
components of the Iraqi integrated air defense system. As a consequence, 
the Iraqi air defense system has been degraded substantially since 
December 1998.

The Maritime Interception Force

    The multinational Maritime Interception Force (MIF), operating in 
accordance with Resolution 665 and other relevant resolutions, enforces 
U.N. sanctions in the Gulf. The U.S. Navy is the single largest 
component of the MIF, but it is frequently augmented by ships, aircraft, 
and other support from Australia, Bahrain, Belgium, Canada, Kuwait, The 
Netherlands, New Zealand, the UAE, and the United Kingdom. Member states 
of the Gulf Cooperation Council (GCC) provide logistical support and 
shipriders to the MIF and accept vessels diverted for violating U.N. 
sanctions against Iraq. Kuwait was especially helpful in providing 
significant naval and coast guard assistance. We are expanding our 
efforts to encourage participation in the MIF from nations in northern 
Europe and South America.
    Although the export of refined petroleum products through the Gulf 
has significantly declined since Operation Desert Fox, the MIF continues 
to patrol the waters to prevent a resurgence of petroleum-product 
smuggling. Furthermore, the MIF provides a deterrent to ships smuggling 
prohibited items into Iraq in violation of U.N. sanctions and outside 
the parameters of the humanitarian oil-for-food program. In early April, 
the MIF conducted the latest in a series of periodic search operations 
in the far northern Gulf near the major Iraqi waterways. These 
operations disrupted smuggling in the region without interference from 
Iraq. Kuwait and the UAE have stepped up their own enforcement efforts.
    In December 1998 and again in April 1999, Iraq relocated surface-to-
surface missile batteries to the coastal area of the Al Faw Peninsula. 
The missiles in question, with a range of nearly 60 nautical miles, 
could reach far into the North Arabian Gulf and posed a serious threat 
to the MIF. The deployment of these missiles to a position from which 
they could engage coalition naval forces was carried out in concert with 
the increased attempts to shoot down aircraft enforcing the no-fly zones 
and constituted an enhancement of Iraq's offensive military capability 
in southern Iraq. On both occasions, coalition aircraft responded to the 
threat posed by these missiles and are authorized to continue to do so 
as necessary.

Chemical Weapons

    April reports to the UNSC President reconfirmed January's findings 
that UNSCOM identified as priority chemical weapons disarmament issues: 
VX; 155mm mustard shells; an Iraqi Air Force file of chemical weapons 
documents; R-400 bombs filled with CBW (field inspections needed); and 
chemical weapons production equipment (field verification is needed for 
18 of 20 shipping containers UNSCOM knows were moved together). The 
reporters identified as key monitoring priorities the ability to verify 
Iraqi compliance at listed facilities and to detect construction of new 
dual-use facilities.

[[Page 948]]

Biological Weapons

    April reports to the UNSC President reconfirmed January's findings 
that UNSCOM identified as priority outstanding biological weapons 
disarmament issues Iraq's incomplete declarations on ``the whole scope 
of the BW program.'' The declarations are important because ``Iraq 
possesses an industrial capability and knowledge base, through which 
biological warfare agents could be produced quickly and in volume.'' The 
report also identified the importance of monitoring dual-use biological 
items, equipment, facilities, research and acquisition at 250 listed 
sites. The effectiveness of monitoring is ``proportional to Iraq's 
cooperation and transparency, to the number of monitored sites, and to 
the number of inspectors.''

Long-Range Missiles

    April reports to the UNSC President reconfirmed January's findings 
that UNSCOM identified as priority missile disarmament issues: 50 
unaccounted for, SCUD conventional warheads; 500 tons of SCUD 
propellants, the destruction of which has not been verified; 7 Iraqi-
produced SCUDs given to the army, the destruction of which cannot be 
verified; truckloads of major components for SCUD production that are 
missing; the concealment of BW warheads; and the lack of accounting for 
VX-filled warheads. The report identified the capability to monitor 
declared activities, leaps in missile technology, and changes to 
declared operational missiles. There are 80 listed missile sites.

Nuclear Weapons

    In a February 8, 1999, report to the UNSC President, IAEA Director 
General Mohammed El-Baradei summarized previous IAEA assessments of 
Iraq's compliance with its nuclear disarmament and monitoring 
obligations. The report restates that ``Iraq has not fulfilled its 
obligation to adopt measures and enact penal laws, to implement and 
enforce compliance with Iraq's obligations under resolutions 687 and 
707, other relevant Security Council resolutions and the IAEA OMV plan, 
as required under paragraph 34 of that plan.''
    The IAEA continues to plan for long-term monitoring and verification 
under Resolution 715. In its February 8 report to the Security Council, 
it restated that monitoring must be ``intrusive'' and estimated annual 
monitoring costs would total nearly $10 million.

Dual-Use Imports

    Resolution 1051 established a joint UNSCOM/IAEA unit to monitor 
Iraq's imports of allowed dual-use items. Iraq must notify the unit 
before it imports specific items that can be used in both weapons of 
mass destruction and civilian applications. Similarly, U.N. members must 
provide timely notification of exports to Iraq of such dual-use items. 
Following the withdrawal of UNSCOM and IAEA monitors, there is no 
monitoring by UNSCOM or IAEA inspectors of dual-use items inside Iraq, 
although some limited monitoring in certain sectors can be carried out 
by OIP inspectors. This factor has presented new challenges for the U.N. 
Sanctions Committee and is taken into consideration in the approval 
process. The United States has placed holds on a number of contracts 
that might otherwise have been approved as a result.

The U.N.'s Oil-for-Food Program

    We continue to support the international community's efforts to 
provide for the humanitarian needs of the Iraqi people through the oil-
for-food program. Transition from phase four to phase five (authorized 
by UNSC Resolution 1210) was smooth. As in phase four, Iraq is again 
authorized to sell up to $5.2 billion worth of oil every 180 days. 
However, because of a drop in world oil prices, Iraq was only able to 
pump and sell approximately $3.1 billion worth of oil in phase four; 
recent increases in world prices should provide increased revenue for 
this phase of oil-for-food.
    As of April 5, under phase five of the oil-for-food program, 340 
contracts worth nearly $1 billion have been approved. As of April 5, the 
United States had 145 phase four and 13 phase five contracts on hold 
pending clarification of questions about the proposed contracts.

[[Page 949]]

    Three assessment panels were formed in January to look at Iraqi 
disarmament, the humanitarian situation in Iraq, and Iraq's obligations 
regarding Kuwait. The panels presented their reports to the Security 
Council in April. The United States supported an examination of the 
current situation and exploration of ways to improve humanitarian 
conditions, particularly with regard to vulnerable groups such as 
children under age five and pregnant and nursing women. The United 
States has expressed its support for raising the cap on Iraqi oil 
exports under the oil-for-food program in order to meet humanitarian 
needs, and for certain other proposals made by the humanitarian 
assessment panel.
    Resolution 1210 maintains a separate oil-for-food program for 
northern Iraq, administered directly by the United Nations in 
consultation with the local population. This program, which the United 
States strongly supports, receives 13 to 15 percent of the funds 
generated under the oil-for-food program. The separate northern program 
was established because of the Baghdad regime's proven disregard for the 
humanitarian needs of the Kurdish, Assyrian, Yezedi and Turkoman 
minorities of northern Iraq, and its readiness to apply the most brutal 
forms of repression against them. In northern Iraq areas where Baghdad 
does not exercise control, the oil-for-food program has been able to 
operate relatively effectively, as documented by the humanitarian 
assessment panel. The Kurdish factions have set aside their differences 
to work together so that Resolution 1210 is implemented as efficiently 
as possible.
    Humanitarian programs such as oil-for-food have steadily improved 
the life of the average Iraqi living under sanctions (who, for example, 
now receives a ration basket providing over 2,000 calories per day, a 
significant improvement in nutrition since the program began) while 
denying Saddam Hussein control over oil revenues. We will continue to 
work with the U.N. Secretariat, the Security Council, and others in the 
international community to ensure that the humanitarian needs of the 
Iraqi people are met while denying any political or economic benefits to 
the Baghdad regime.

Northern Iraq: Kurdish Reconciliation

    Since their ground-breaking meeting with Secretary Albright in 
September 1998, Massoud Barzani, President of the Kurdistan Democratic 
Party (KDP), and Jalal Talabani, Chairman of the Patriotic Union of 
Kurdistan (PUK), have met four times to continue their work towards full 
reconciliation. Both parties have condemned internal fighting, pledged 
to refrain from violence in settling their differences, and resolved to 
eliminate terrorism by establishing stronger safeguards for Iraq's 
borders. In particular, both parties have committed themselves to deny 
sanctuary to the Kurdistan Workers Party (PKK), to eliminate all PKK 
bases from the region and to safeguard the Turkish border. The parties 
believe that key decisions on Iraq's future should be made by all the 
Iraqi people together at an appropriate time and through a regular 
political process. Their work is thus meant to implement a framework of 
regional administration until a united, pluralistic, and democratic Iraq 
is achieved. A Higher Coordination Committee (HCC) made up of senior 
representatives from the PUK and the KDP meets regularly in northern 
Iraq, and Officials of the State Department are in frequent contact with 
the parties to further the reconciliation process.
    The United States is committed to ensuring that international aid 
continues to reach the north; that the human rights of the Kurds and 
northern Iraq minority groups such as the Turkomans, Assyrians, Yezedis, 
and others are respected; and that the no-fly zone enforced by Operation 
Northern Watch is observed. The United States will decide how and when 
to respond should Baghdad's action pose an increased threat to Iraq's 
neighbors, to regional security, to vital U.S. interests, and to the 
Iraqi people, including those in the north.

The Human Rights Situation in Iraq

    The human rights situation in Iraq continues to fall far short of 
international norms, in violation of Resolution 688. For over seven 
years, the Iraqi government has refused to allow the U.N. Human Rights 
Commission Special Rapporteur for Iraq, Max Van der Stoel, to visit 
Iraq. U.N. human rights monitors have never been allowed in. Meanwhile,

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increasingly disturbing reports of the most serious nature continue to 
emanate from Iraq. For example, 2,500 political prisoners have been 
summarily executed without due process of law since Fall 1997, according 
to detailed reports Mr. Van der Stoel received. Often, the bodies are 
said to have been returned to the victim's families showing clear signs 
of torture.
    The assassination of three of Iraq's most senior Islamic clerics is 
of special concern. In February, Ayatollah Mohammed al-Sader--the most 
senior Shia cleric in Iraq--was assassinated, along with two of his 
sons, after attending Friday prayers in Najaf. This follows the similar 
killing of Sheikh Borojourdi in April 1998 and Ayatollah Ah al-Gharawi 
in June 1998. In each case, the killings reportedly followed months of 
arrests and interrogations by government security services, and have 
been widely attributed to agents of the regime. The deaths also come in 
the context of a resurgence of repression in southern Iraq, as the 
regime works toward the destruction of the Marsh Arabs' way of life and 
the unique ecology of the southern marshes. The regime also continues to 
ignore appeals by Mr. Van der Stoel and others for access by human 
rights monitors to investigate these reports.
    In the north, outside the Kurdish-controlled areas, the government 
continues the forced expulsion of ethnic Kurds and Turkomans from Kirkuk 
and other cities. In recent months, hundreds of families have reportedly 
been expelled from Kirkuk. Reports from the Kurdish-controlled areas 
where the displaced persons are received indicate that they are forced 
to leave behind almost all of their personal property. Due to a shortage 
of housing, many are still living in temporary shelters.

The Iraqi Opposition

    We are deepening our engagement with the forces of change in Iraq, 
helping Iraqis inside and outside Iraq to become a more effective voice 
for the aspirations of the people. We will work toward the day when Iraq 
has a government worthy of its people--a government prepared to live in 
peace with its neighbors, a government that respects the rights of its 
citizens.
    On April 7-8, the Executive Council of the Iraqi National Congress 
met at Windsor, in the United Kingdom. The meeting produced three 
important results: it elected a seven-member interim ``Presidency 
Committee;'' it created an ``outreach committee'' to expand the INC's 
membership and build links to regional states; and it decided that a 
meeting of the INC National Assembly would be held no later than July 7, 
at a site to be determined. We applaud the Council members for this 
constructive, forward-looking meeting.
    Senator Bob Kerrey of Nebraska attended the meeting as U.S. observer 
along with Special Coordinator for the Transition of Iraq, Frank 
Ricciardone, as well as other State Department officials and staff from 
the Senate Foreign Relations Committee. I believe the joint U.S. 
Executive-Congressional team underscores the deepening cooperation 
within the U.S. Government on this important issue.
    The interim INC Presidency Committee met for the first time on April 
10. The group reportedly established a principle of rotating leadership 
and discussed plans to send a delegation to the United Nations to 
express views on humanitarian and human rights issues.

The United Nations Compensation Commission

    The United Nations Compensation Commission (UNCC), established 
pursuant to Resolutions 687, 692, and 1210, continues to resolve claims 
against Iraq arising from Iraq's unlawful invasion and occupation of 
Kuwait. The UNCC has issued over 1.3 million awards worth over $7 
billion. Thirty percent of the proceeds from the oil sales permitted by 
UNSC resolutions have been allocated to the Compensation Fund to pay 
awards and to finance operations of the UNCC. Pursuant to decisions of 
the UNCC Governing Council, certain small claims are to receive initial 
payments of $2,500 toward the amounts approved on those claims before 
large claims of individuals and claims of corporations and governments 
may share in the funds available for claims payments. As money from 
Iraqi oil sales is deposited in the Compensation Fund, the UNCC makes 
these initial $2,500 payments on eligible claims in the order in which 
those claims were approved by the

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UNCC. To date, the U.S. Government has received funds from the UNCC for 
initial installment payments on approximately 1,685 claims of U.S. 
claimants.

Conclusion

    Iraq remains a serious threat to international peace and security. I 
remain determined to see Iraq comply fully with all of its obligations 
under Security Council resolutions. The United States looks forward to 
the day when Iraq rejoins the family of nations as a responsible and 
law-abiding member. I appreciate the support of the Congress for our 
efforts and shall continue to keep the Congress informed about this 
important issue.
    Sincerely,
                                            William J. Clinton

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