[House Document 107-210]
[From the U.S. Government Printing Office]
107th Congress, 2d Session - - - - - - - - - - - - House Document 107-210
STATUS OF UNITED STATES EFFORTS REGARDING IRAQ'S COMPLIANCE WITH UN
SECURITY COUNCIL RESOLUTIONS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT ON THE STATUS OF EFFORTS TO OBTAIN IRAQ'S COMPLIANCE WITH THE
RESOLUTIONS ADOPTED BY THE U.N. SECURITY COUNCIL, PURSUANT TO 50 U.S.C.
1541
May 7, 2002.--Referred to the Committee on International Relations and
ordered to be printed
The White House,
Washington, May 3, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: 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 providing a report prepared by my Administration on the
status of efforts to obtain Iraq's compliance with the
resolutions adopted by the United Nations Security Council. The
last report, consistent with Public Law 102-1, was transmitted
on January 24, 2002.
Sincerely,
George W. Bush.
Status of U.S. Efforts Regarding Iraq's Compliance With UN Security
Council Resolutions
Overview
As long as Saddam Hussein remains in power, he will
continue to threaten the well-being of the Iraqi people, the
peace of the region, and vital U.S. interests. We are
continuing our Iraq policy review to determine the best means
of advancing our interests. We have already strengthened
international consensus on the need to change the international
community's approach to Iraq through the UN Security Council's
(UNSC) unanimous adoption of UN Security Council Resolution
(UNSCR) 1382, providing for the UNSC to implement the Goods
Review List (GRL) as the basis for UN controls on Iraq
beginning on May 30, 2002. This approach will focus UN controls
to prevent Iraq from acquiring items to support Iraq's
ballistic missile, conventional military or nuclear, chemical,
or biological weapons programs. We are continuing consultations
with other UNSC members to ensure adoption and implementation
of the GRL. We continue to help maintain No-Fly Zones over
northern and southern Iraq to carry out vital UNSC resolutions
in an effort to help ensure the safety of citizens of specific
ethnic and religious groups, and Iraq's neighbors. We are also
considering how best to achieve our objective of regime change.
We will continue to contain the threats posed by Iraq, but
over the long term, the most effective and lasting way to end
this threat is through a change of government in Baghdad. To
this end, we support the Iraqi opposition as part of our
program to support a transition to democracy in Iraq. As part
of that effort, the Iraqi National Congress (INC) continues to
be funded for a variety of activities by the State Department,
and continues to receive training under the drawdown authority
of the Iraq Liberation Act (ILA).
Iraq continues to reject UNSC Resolution 1284, a binding
resolution adopted under Chapter VII of the UN Charter,
including its requirement that Iraq provide the UN Monitoring,
Verification and Inspection Commission (UNMOVIC) and the
International Atomic Energy Agency (IAEA) with immediate,
unconditional and unrestricted access to Iraq and its
facilities, equipment, records, and personnel.
Nonetheless, the UN continues to implement those parts of
the resolution which do not require Iraqi cooperation. In its
quarterly report to the UNSC on February 26, 2002, UNMOVIC
provided an update on measures it is taking to prepare for
inspections in Iraq. UNMOVIC Executive Chairman Dr. Hans Blix
has stated that UNMOVIC inspectors are prepared and ready to
return to Iraq. To serve a useful purpose, a UN inspections
regime must have the mandate, resources, access, cooperation,
and support necessary to function at a high standard of
effectiveness. A UN inspections regime that lacks the
capability or otherwise fails to function at such a standard of
effectiveness could significantly harm U.S. interests. We
continue to consult regularly with Dr. Blix and his staff to
provide the best support possible. In its semi-annual report to
the UN Security Council on October 5, 2001, and IAEA indicated
it is similarly prepared to return to Iraq, but that the longer
the suspension of resolution-related inspections lasts, the
more difficult it will be and the more time will be required
for the Agency to re-establish a level of knowledge comparable
to that achieved at the end of 1998.
Ambassador Yuli Vorontsov, the Secretary General's high-
level coordinator for Kuwait Issues, presented his periodic
report on Kuwaiti and third-country national prisoners and
stolen Kuwaiti property on December 20, 2001. These reports
demonstrate Iraq's continuing failure to comply fully with its
obligations under relevant UNSCRs. The Iraqi Government
continues to deny Ambassador Vorontsov entry to the country. We
have requested that Ambassador Vorontsov attend any future
meetings between the SYG and the Iraqi Foreign Minister.
The Oil-for-Food (OFF) program, which is designed to
provide for the humanitarian needs of the Iraqi people as long
as UN sanctions remain in place, continues to function
effectively. Iraq exported over $10 billion worth of oil in
2001 with the proceeds going to a UN-controlled escrow account.
On November 29, the UNSC extended the current phase of the OFF
program for an additional 180 days.
U.S. and Coalition Force Levels in the Gulf Region
Saddam Hussein's record of aggressive behavior necessitates
the continued deployment of a highly capable force in the
region in order to deter Baghdad and respond to any threat it
might pose to its neighbors,the reconstitution of its weapons
of massdestruction (WMD), or movement against the Kurds in
northern Iraq. We will maintain a strong posture and have established a
rapid reinforcement capability to supplement our forces in the Gulf, if
needed.
OPERATION NORTHERN WATCH AND OPERATION SOUTHERN WATCH
Aircraft of the United States and coalition partners
patrolling the No-Fly Zones over Iraq under Operations NORTHERN
WATCH and SOUTHERN WATCH are routinely tracked by Iraqi radar,
fired upon by anti-aircraft artillery, and attacked with
surface-to-air missiles. Our aircrews continue to respond in
self-defense to threats against and attacks on our aircraft
patrolling the No-Fly Zones.
MARITIME INTERCEPT OPERATIONS
The U.S.-led maritime Multinational Interception Force
(MIF) continues to enforce UN sanctions in the Gulf. The United
States continues to approach potential participants in the MIF
to augment current partners. Canadian, Australian, and British
forces are currently operating with U.S. forces.
In large part, member states of the Gulf Cooperation
Council (GCC) continue to support the MIF. The UAE accepts the
vast majority of vessels diverted for violating UN sanctions
against Iraq. Kuwait continues to accept diverts and is
receptive when approached. Kuwait has also increased its
ability to deal with smuggled oil by contracting a bunkering
tanker, further indicative of its continued support. Other GCC
nations are more hesitant to accept diverted vessels (Saudi
Arabia, Qatar and Bahrain have accepted ships in the past, but
now refuse), but all provide support in some form to the
enforcement of UNSCRs against Iraq.
From December 2001 through February 2002, monthly totals of
smuggled petroleum products through the Gulf averaged less than
those in the previous three-month period. This reduction is
most likely due to lower oil prices and an increased MIF
presence that makes interception of suspect vessels more
likely. Iran continues to deny use of its territorial waters to
all but the largest of smuggling vessels from which significant
fees can be obtained.
The MIF continues to serve as a critical deterrent to the
smuggling of prohibited items and products into and out of
Iraq. We need to continually reassess the adequacy of MIF force
levels as conditions develop.
UNMOVIC/IAEA: WEAPONS OF MASS DESTRUCTION
There have been no Council-mandated weapon inspections in
Iraq since December 15, 1998. Iraq's defiance of the
international consensus, as expressed by UNSCR 1284, has meant
that no progress has been made in addressing Iraq's outstanding
disarmament obligations. Iraq remains in violation of its
obligations to end its programs to develop weapons of mass
destruction and long-range missiles.
UNMOVIC has largely completed the hiring of its core staff
in New York and is continuing to hire people in an on-call or
``roster'' category, including Americans. UNMOVIC has completed
five training courses and is planning to hold a sixth course in
late 2002. The United States continues to provide UNMOVIC with
course instructors and facilities for hands-on training. We
consult with Dr. Blix and his staff regularly to provide the
best support possible. Most recently, on January 10, Dr. Blix
met with Secretary of State Powell, Dr. Condoleezza Rice, and
OASD/USDP Douglas Feith in Washington. On February 26, 2002,
UNMOVIC provided its latest report on measures it is taking to
prepare for inspections in Iraq. Dr. Blix has stated that
UNMOVIC inspectors are prepared and ready to return to Iraq.
The United States also continues to provide support to and
hold regular consultations with the IAEA Iraq Action Team. In
its semi-annual report to the UN Security Council on October 5,
2001, the IAEA indicated that it has maintained its readiness
to resume verification and monitoring activities in Iraq but
that the longer the suspension of resolution related
inspections lasts, the more difficult it will be and the more
time will be required for the Agency to re-establish a level of
knowledge comparable to that achieved at the end of 1998.
DUAL-USE ITEMS
Although the OFF program revenues are designated for
humanitarian purposes only, we remain concerned that Iraq is
abusing this program in an attempt to acquire goods and
materials for its weapons programs. Currently, the United
States, as a member of the UN Iraq Sanctions Committee, reviews
all contracts under the OFF program (unless the items are on
alist pre-approved for expedited humanitarian export) to ensure that
prohibited items are not exported to Iraq and dual-use items are not
diverted to Iraqi weapons programs. On November 29, 2001, the United
Nations Security Council unanimously adopted Resolution 1382. In this
resolution, the Council agreed to adopt and implement a Goods Review
List (GRL) by May 30, 2002, subject to any refinements agreed to by the
Council prior to that date. When implemented, the GRL will maintain UN
controls on items deemed useful in supporting Iraq's ballistic missile,
conventional military, and nuclear, chemical, and biological weapons
programs. At the same time, this approach will lift economic sanctions
on purely civilian trade with Iraq.
UNSCR 1051 established a joint UNSCOM/IAEA unit to monitor
Iraq's authorized imports of WMD and missile-related items
(WMD/missile-related goods are also known as ``1051''-listed
goods). UNSCR 1051 also established lists of items subject to
review in all four weapons categories--ballistic missile,
nuclear, chemical and biological. As we previously reported,
these lists were updated by UNMOVIC and the IAEA. Under UN
Security Council resolution 1284, UNMOVIC has assumed this
responsibility from UNSCOM, with the added requirement to
identify if, in their estimation, a contract contains a 1051-
listed good. UNMOVIC and the IAEA have continued to perform
this duty during this reporting period. Under UNSCR 1382,
UNMOVIC and the IAEA would be charged with screening all oil
for food contracts for GRL-listed items. Under this approach,
the GRL includes the 1051 lists and items that Iraq could use
to support its conventional military. Since weapons inspectors
left Iraq in December 1998, the UN Office of the Iraq Programme
is the principal organization allowed to observe goods going
into Iraq under the OFF program. Various UN agencies have
provided end-use verification to varying low degrees. In the
absence of weapons inspectors and other experts on the ground
in Iraq, The United States has placed holds on a number of
prohibited or dual-use contracts that otherwise likely would
have been approved if UNMOVIC/IAEA monitoring were available.
The UN'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 OFF program. Under UN control, the proceeds
of Iraqi oil sales are used to purchase humanitarian goods,
fund UN Compensation Commission awards against Iraq arising out
of its invasion and occupation of Kuwait, and to meet UN
administrative costs. As of March 15, 2002, Iraq had exported
nearly $3.0 billion worth of oil during the eleventh six-month
phase of the OFF program, which began on November 30, 2001.
According to UN data since the start of the OFF program, 21,575
contracts for humanitarian goods worth over $31 billion have
been approved through January 31, 2002. To streamline the
approval process for humanitarian goods, we have agreed with
the UN on a fast-track approval process for some goods.
However, as purchases under the program have moved from basic
humanitarian supplies to more expensive infrastructure
projects, the number and value of U.S. ``holds'' on contracts
have increased. The Security Council's commitment in recently
adopted resolution 1382 to implement the Goods Review List and
related procedures on May 30, 2002, will help eliminate holds
(contracts would either be approved or submitted to the
sanctions committee members for approval or submitted to the
sanctions committee members for approval or denial)), while
ensuring that the Iraqi regime has less access to the goods
most important to its rearmament efforts.
The OFF program maintains a separate program for northern
Iraq, administered directly by the UN in consultation with the
local authorities. This program, which the United States
strongly supports, ensures that when Iraq contracts for the
purchase of humanitarian goods, 13 percentage of the funds
generated under the OFF program are spent on items for northern
Iraq.
Humanitarian efforts in northern Iraq have led to a marked
contrasts between the health of the population of the north,
where indicators show an improvement, and of the population
living in the areas where the UN does not administer the
program.
International humanitarian programs, including most
importantly the OFF Program, have steadily improved the life of
the average Iraqi and led to improvements in health care,
water, sanitation, agriculture, education, and other areas,
while denying Saddam Hussein control over most of Iraq's oil
revenues.
However, as noted in a February 26, 2002, UN report, the
Government of Iraq is not committed to using the funds
available through the OFF program to improve the health and
welfare of the Iraqi people. Iraq's recent cut-off of oil
exports, attributed to the Palestinian-Israeli conflict, is the
latest in a series of political moves whose impact falls
principally on the Iraqipeople, as lack of oil revenues
directly impacts the Oil-for-Food program. In addition, Iraqi
contracting delays, cuts in food, medicine, educational and other
humanitarian sector allocations, government attempts to impede or shut
down humanitarian NGO operations in northern Iraqi, and Baghdad's
delays in the issuance of visas for UN personnel demonstrate that the
Iraqi regime is attempting to undermine the effectiveness of the
program.
On March 6, 2002, the United States briefed the United
Nations Security Council 661 Sanctions Committee on Iraq's
diversion of trucks to its military programs. We will continue
to work with the UN Secretariat, other members of the Security
Council, and others in the international community to ensure
that the implementation of UNSCR 1284, and other relevant
UNSCRs, better enables the humanitarian needs of the Iraqi
people to be met while denying political or military benefits
to the Baghdad regime.
FLIGHT CONTROL REGIME
UNSC resolutions are open to competing interpretations
regarding international flights to Baghdad. The UNSC has so far
unsuccessfully attempted to reach a consensus on new procedures
for international flights. In the absence of an agreement, we
continue to press for adherence to existing Sanctions Committee
procedures, that allow for Committee approval of flights with a
demonstrable humanitarian purposes. The majority of
international flights to Iraq in the past year have operated in
compliance with UNSC procedures.
NORTHERN IRAQ: KURDISH RECONCILIATION
The Kurdistan Democratic Party (KDP) and the Patriotic
Union of Kurdistan (PUK) continue their efforts to implement
the September 17, 1998, reconciliation agreement. They work
together effectively in a number of areas, including joint
efforts to bring the needs of their region to the attention of
the UN and the international community, and within the larger
Iraqi national democratic opposition movement. The situation in
northern Iraq is not settled, however, and we continue to look
for ways to encourage the parties to make greater progress
toward resolving their differences.
THE HUMAN RIGHTS SITUATION IN IRAQ
The human rights situation in Iraq continues to fall
severely short of international norms. UNSCR 688 expressly
notes that the consequences of the regime's repression of its
own people constitute a threat to international peace and
security in the region. It also demands immediate access by
international humanitarian aid organizations to all Iraqis in
need in all parts of Iraq? Yet, for over nine years the Iraqi
Government has refused to allow the UN Human Rights
Commission's Special Rapporteur for Iraq to visit the country.
UN human rights monitors have never been allowed in. On April
18, 2001, the United Nations Commission on Human Rights
strongly condemned ``the systematic, widespread and extremely
grave violations of human rights and of international
humanitarian law by the Government of Iraq, resulting in an
all-pervasive repression and oppression sustained by broad-
based discrimination and widespread terror.''
Human rights NGOs and other interested voices continue to
call for creation of an international tribunal to address the
war crimes and crimes against humanity of the Iraqi leadership.
United Sates Government policy supports this view: the
leadership of the Iraqi regime should be indicted and
prosecuted by an international criminal tribunal or by a
national court that can properly exercise jurisdiction over
them.
The Iraqi leadership's abuse of resources for personal
enrichment and attempts to manipulate the OFF program continued
unabated. The government fails to use revenues earned via the
OFF or from illicit trade for the greatest benefit to the
people of Iraq.
In the north, outside the Kurdish-controlled areas, we
continue to receive reports of the regime continuing its ethnic
cleansing policy of forcibly expelling ethnic Kurds and
Turkomans from Kirkuk and other cities, and transferring Arabs
into their places. Saddam's security apparatus continues to
repress Shias.
The Iraqi Opposition
We continue to support the Iraqi opposition, helping Iraqis
inside and outside Iraq to become a more effective voice for
the aspirations of the people, and working to build support for
the forces of change inside the country. They are working
towardthe day when Iraq has a government worthy of its people--
a government prepared to live in peace with its people and its
neighbors.
Since October 2001, we have been making short-term
extensions to our cooperative agreement with the Iraqi National
Congress (INC), as we negotiate a new agreement with them. The
funding in the current grant has allowed the INC to continue
operations at its headquarters and satellite offices, begin
satellite television broadcasting into Iraq, continue
production and distribution of its newspaper, undertake
outreach programs to further develop its organization, deploy
teams to advocate the interests of the Iraqi people at
international fora, plan for the delivery of humanitarian
relief of Iraqis in need, collect information on the Iraqi
regime, and manage assistance provided under the Iraq
Liberation Act (ILA). We plan to reach a new agreement with the
INC shortly, to provide them with further funding to continue
such activities.
In addition, we are currently planning a broad-based
conference of Iraqi emigres and oppositionists that will (1)
provide Iraqis the opportunity to make their case for a better
government; (2) affirm a statement of political principles and
give a basis for major oppositionists to come together to build
towards the future; and (3) provide a platform for a series of
working groups regarding immediate, practical post-Saddam
needs, such as transitional justice, public health, public
finance, education, environment and water, the role of the
military, building a free press, building civil society, and
rebuilding the Iraqi economy.
THE UNITED NATIONS COMPENSATION COMMISSION
The United States Compensation Commission (UNCC) was
established and operates pursuant to UNSCRs 687 (1991) and 692
(1991). It continues to process claims and pay compensation for
losses and damages suffered by individuals, corporations,
governments and international organizations, as a direct result
of Iraq's unlawful invasion and occupation of Kuwait. To date,
the UNCC has issued approximately 2.6 million awards worth
about $37.7 billion, and has already paid $13.8 billion of
those awards. Of the former amount, the United States
Government has been awarded approximately $666.3 million from
the UNCC for payment to U.S. claimants. Awards and the costs of
the UNCC's operation are paid from the Compensation Fund, which
is funded through the allocation to it of a certain percentage
of the proceeds from authorized oil sales under Security
Council resolution 986 (1995) and subsequent extensions. The
allotment has generally been set at 30 percent. However, for
the six-month phase of the OFF program beginning December 6,
2000, there was a reduction in that allotment to 25 percent.
This reduction has been extended with each subsequent rollover,
including the latest one starting on November 29, 2001, as
embodied in UNSCR 1382. The reduction is designed to make funds
available for specific programs intended to meet pressing
humanitarian needs of the Iraqi people.
CONCLUSION
Iraq remains a serious threat to international peace and
security. The Iraqi regime's record on human rights continues
to be abysmal. The United States remains determined to see Iraq
comply fully with all of its obligations under UNSC resolutions
while at the same time endeavoring to see that the humanitarian
needs of the Iraqi population are addressed. The United States
will continue to encourage and support those Iraqis working for
the day when Iraq rejoins the family of nations as a
responsible and law-abiding member under a new government that
serves its people, rather than represses them.