SECURITY COUNCIL LIFTS SANCTIONS ON IRAQ, APPROVES UN ROLE, CALLS FOR APPOINTMENT OF SECRETARY-GENERAL’S SPECIAL REPRESENTATIVE
Press Release SC/7765 |
Security Council
4761st Meeting (AM)
SECURITY COUNCIL LIFTS SANCTIONS ON IRAQ, APPROVES UN ROLE, CALLS
FOR APPOINTMENT OF SECRETARY-GENERAL’S SPECIAL REPRESENTATIVE
Resolution 1483 (2003) Adopted by Vote
Of 14 in Favour to None Against, with Syria Not Participating
The Security Council this morning decided to: lift trade and financial sanctions on Iraq; extend the “oil-for-food” programme for six months; revisit the mandates of the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA) at a later date; request appointment of a Special Representative of the Secretary-General; and review implementation of those and other matters within 12 months.
Adopting resolution 1483 (2003), by a vote of 14 in favour, with Syria not participating in the voting, and acting under Chapter VII of the United Nations Charter, the Council supported the formation by the people of Iraq with the help of the Authority (the occupying Powers under unified command) and the Special Representative, of an Iraqi interim administration as a transitional administration run by Iraqis, until an internationally recognized, representative government established by the people of Iraq assumes the responsibilities of the Authority.
The Special Representative’s responsibilities, according to the resolution, would involve coordination of United Nations activities in post-conflict processes in Iraq, coordinating among United Nations and international agencies engaged in humanitarian assistance and reconstruction activities and, in coordination with the Authority, assisting the people of Iraq.
Among other things, the Special Representative would work intensively with the Authority, the people of Iraq, and others concerned, to advance the establishment of national and local institutions for representative governance, including by working together to facilitate a process leading to an internationally recognized, representative government of Iraq.
The Council noted the establishment of a Development Fund for Iraq, to be held by the Central Bank of Iraq and to be audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund, which would include representatives of the Secretary-General, the International Monetary Fund (IMF), the World Bank, and the Arab Fund for Social and Economic Development. Resources of the Development Fund would be disbursed at the direction of the Authority, in consultation with the Iraqi interim administration, for humanitarian, reconstruction, disarmament and civilian administration purposes.
In that regard, the Council decided that as soon as possible $1 billion would be transferred to the Development Fund from the oil-for-food programme, and that after deducting expenses, including residual obligations, all surplus funds of that programme would be transferred to the Development Fund at the earliest possible time. The oil-for-food programme would be extended for a period of six months, to be terminated within that period in the most cost-effective manner.
The Council further decided that all export sales of oil and natural gas would be made consistent with prevailing international market best practices, to be audited by the International Advisory and Monitoring Board through independent public accountants, and that all proceeds from such sales would be deposited into the Development Fund until such time as an internationally recognized, representative government of Iraq was properly constituted.
Until 31 December 2007, unless otherwise decided, petroleum, petroleum products and natural gas originating in Iraq would be immune from legal proceedings against them until title passes to the initial purchaser, except in cases of liability in connection with an ecological accident, including an oil spill.
The Council called upon the international financial institutions to assist the people of Iraq in the reconstruction and development of their economy and to facilitate assistance by the broader donor community. It welcomed the readiness of creditors, including the Paris Club -– a group of 19 governments with large claims on various other governments throughout the world -– to seek a solution to Iraq’s sovereign debt problems.
The resolution was sponsored by Spain, United Kingdom and the United States.
After adoption of the resolution, the Secretary of the United Nations, Kofi Annan, said all should be gratified that the Council had come together to chart the way forward in Iraq. The resolution spelled out the assistance one expected the United Nations to give the Iraqi people, in coordination with the occupying Powers. The mandate given to the United Nations involved complex and difficult tasks, which would be carried out to the best of the Organization’s abilities, just as it already was carrying out its vital task of humanitarian relief.
The most important task, he continued, would be to ensure that the people of Iraq were able, as soon as possible, through a transparent and impartially managed political process, to form a free and representative government of their own choice, so that they could regain their national sovereignty and build a stable and prosperous Iraq, at peace with its neighbours.
Speaking after the vote, Council members stressed that the near unanimous support had re-established unity and sense of purpose, enabling the body to carry out its mandated responsibility of guaranteeing international peace and security. They underlined that sovereignty and territorial integrity of Iraq had been guaranteed, as had the right of the Iraqi people to self-determination and control of its natural resources.
The representative of the United States said the resolution affirmed the Council’s commitment to the development of an internationally recognized representative government in Iraq; allowed for the Secretary-General’s Special Representative to have a robust role in rebuilding the country; provided for the phasing out of the oil-for-food programme; and guaranteed United Nations participation in monitoring the sale of Iraqi oil. He stressed that now the resolution had to be implemented, as there were urgent humanitarian, reconstruction, and political tasks at hand.
The United Kingdom’s representative said the resolution had never sought to solve every issue. For example, the functions of UNMOVIC and the IAEA would have to be discussed in the future. Additionally, the United Nations Iraq-Kuwait Observation Mission (UNIKOM), the problem of missing Kuwaitis and third-State nationals, and the maintenance of the arms embargo would have to be addressed. He expressed his commitment to a Council review of the resolution’s implementation after 12 months.
The representative of France said the adopted resolution was not a perfect one, but it provided a credible framework in which the international community could lend support to the Iraqi people. The resolution recalled that the verified disarmament of Iraq was a shared objective, involving UNMOVIC and the IAEA. It stipulated that the natural resources should be used for the benefit of the Iraqi people in a transparent manner. The strong, independent involvement of the United Nations in the political process would condition the success of that process, namely, the degree of its ownership by the Iraqi people. The political transition would gain even more respectability if a timetable was defined to establish an internationally recognized and representative government of Iraq.
The representative of the Russian Federation stressed the importance of the review of the resolution’s implementation, which would take place in 12 months. He also underlined the necessity of transparency for all activities in the interim period. The matter of disarmament still needed to attain closure, he said. Other matters, such as the settlement of Iraq’s foreign debt, also needed to be addressed in the future.
At the outset of the meeting, the Council’s President, Munir Akram (Pakistan), extended heartfelt sympathy to the Government and the people of Algeria in connection with the earthquake near Thenia, Algeria, resulting in considerable devastation and loss of life.
The representatives of Germany, Spain, Mexico, Bulgaria, Guinea, China, Cameroon, Chile, Angola and Pakistan also spoke after the vote.
The meeting started at 10:10 a.m. and adjourned at 11:20 a.m.
Resolution
The full text of resolution 1483 (2003) reads, as follows:
“The Security Council,
“Recalling all its previous relevant resolutions,
“Reaffirming the sovereignty and territorial integrity of Iraq,
“Reaffirming also the importance of the disarmament of Iraqi weapons of mass destruction and of eventual confirmation of the disarmament of Iraq,
“Stressing the right of the Iraqi people freely to determine their own political future and control their own natural resources, welcoming the commitment of all parties concerned to support the creation of an environment in which they may do so as soon as possible, and expressing resolve that the day when Iraqis govern themselves must come quickly,
“Encouraging efforts by the people of Iraq to form a representative government based on the rule of law that affords equal rights and justice to all Iraqi citizens without regard to ethnicity, religion, or gender, and, in this connection, recalls resolution 1325 (2000) of 31 October 2000,
“Welcoming the first steps of the Iraqi people in this regard, and noting in this connection the 15 April 2003 Nasiriyah statement and the 28 April 2003 Baghdad statement,
“Resolved that the United Nations should play a vital role in humanitarian relief, the reconstruction of Iraq, and the restoration and establishment of national and local institutions for representative governance,
“Noting the statement of 12 April 2003 by the Ministers of Finance and Central Bank Governors of the Group of Seven Industrialized Nations in which the members recognized the need for a multilateral effort to help rebuild and develop Iraq and for the need for assistance from the International Monetary Fund and the World Bank in these efforts,
“Welcoming also the resumption of humanitarian assistance and the continuing efforts of the Secretary-General and the specialized agencies to provide food and medicine to the people of Iraq,
“Welcoming the appointment by the Secretary-General of his Special Adviser on Iraq,
Affirming the need for accountability for crimes and atrocities committed by the previous Iraqi regime,
“Stressing the need for respect for the archaeological, historical, cultural, and religious heritage of Iraq, and for the continued protection of archaeological, historical, cultural, and religious sites, museums, libraries, and monuments,
“Noting the letter of 8 May 2003 from the Permanent Representatives of the United States of America and the United Kingdom of Great Britain and Northern Ireland to the President of the Security Council (S/2003/538) and recognizing the specific authorities, responsibilities, and obligations under applicable international law of these states as occupying powers under unified command (the “Authority”),
“Noting further that other States that are not occupying Powers are working now or in the future may work under the Authority,
“Welcoming further the willingness of Member States to contribute to stability and security in Iraq by contributing personnel, equipment, and other resources under the Authority,
“Concerned that many Kuwaitis and Third-State Nationals still are not accounted for since 2 August 1990,
“Determining that the situation in Iraq, although improved, continues to constitute a threat to international peace and security,
“Acting under Chapter VII of the Charter of the United Nations,
“1. Appeals to Member States and concerned organizations to assist the people of Iraq in their efforts to reform their institutions and rebuild their country, and to contribute to conditions of stability and security in Iraq in accordance with this resolution;
“2. Calls upon all Member States in a position to do so to respond immediately to the humanitarian appeals of the United Nations and other international organizations for Iraq and to help meet the humanitarian and other needs of the Iraqi people by providing food, medical supplies, and resources necessary for reconstruction and rehabilitation of Iraq’s economic infrastructure;
“3. Appeals to Member States to deny safe haven to those members of the previous Iraqi regime who are alleged to be responsible for crimes and atrocities and to support actions to bring them to justice;
“4. Calls upon the Authority, consistent with the Charter of the United Nations and other relevant international law, to promote the welfare of the Iraqi people through the effective administration of the territory, including in particular working towards the restoration of conditions of security and stability and the creation of conditions in which the Iraqi people can freely determine their own political future;
“5. Calls upon all concerned to comply fully with their obligations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907;
“6. Calls upon the Authority and relevant organizations and individuals to continue efforts to locate, identify, and repatriate all Kuwaiti and Third-State Nationals or the remains of those present in Iraq on or after 2 August 1990, as well as the Kuwaiti archives, that the previous Iraqi regime failed to undertake, and, in this regard, directs the High-Level Coordinator, in consultation with the International Committee of the Red Cross and the Tripartite Commission and with the appropriate support of the people of Iraq and in coordination with the Authority, to take steps to fulfil his mandate with respect to the fate of Kuwaiti and Third-State National missing persons and property;
“7. Decides that all Member States shall take appropriate steps to facilitate the safe return to Iraqi institutions of Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from the Iraq National Museum, the National Library, and other locations in Iraq since the adoption of resolution 661 (1990) of 6 August 1990, including by establishing a prohibition on trade in or transfer of such items and items with respect to which reasonable suspicion exists that they have been illegally removed, and calls upon the United Nations Educational, Scientific, and Cultural Organization, Interpol, and other international organizations, as appropriate, to assist in the implementation of this paragraph;
“8. Requests the Secretary-General to appoint a Special Representative for Iraq whose independent responsibilities shall involve reporting regularly to the Council on his activities under this resolution, coordinating activities of the United Nations in post-conflict processes in Iraq, coordinating among United Nations and international agencies engaged in humanitarian assistance and reconstruction activities in Iraq, and, in coordination with the Authority, assisting the people of Iraq through:
“(a) coordinating humanitarian and reconstruction assistance by United Nations agencies and between United Nations agencies and non-governmental organizations;
“(b) promoting the safe, orderly, and voluntary return of refugees and displaced persons;
“(c) working intensively with the Authority, the people of Iraq, and others concerned to advance efforts to restore and establish national and local institutions for representative governance, including by working together to facilitate a process leading to an internationally recognized, representative government of Iraq;
“(d) facilitating the reconstruction of key infrastructure, in cooperation with other international organizations;
“(e) promoting economic reconstruction and the conditions for sustainable development, including through coordination with national and regional organizations, as appropriate, civil society, donors, and the international financial institutions;
“(f) encouraging international efforts to contribute to basic civilian administration functions;
“(g) promoting the protection of human rights;
“(h) encouraging international efforts to rebuild the capacity of the Iraqi civilian police force; and
“(i) encouraging international efforts to promote legal and judicial reform;
“9. Supports the formation, by the people of Iraq with the help of the Authority and working with the Special Representative, of an Iraqi interim administration as a transitional administration run by Iraqis, until an internationally recognized, representative government is established by the people of Iraq and assumes the responsibilities of the Authority;
“10. Decides that, with the exception of prohibitions related to the sale or supply to Iraq of arms and related materiel other than those arms and related materiel required by the Authority to serve the purposes of this and other related resolutions, all prohibitions related to trade with Iraq and the provision of financial or economic resources to Iraq established by resolution 661 (1990) and subsequent relevant resolutions, including resolution 778 (1992) of 2 October 1992, shall no longer apply;
“11. Reaffirms that Iraq must meet its disarmament obligations, encourages the United Kingdom of Great Britain and Northern Ireland and the United States of America to keep the Council informed of their activities in this regard, and underlines the intention of the Council to revisit the mandates of the United Nations Monitoring, Verification, and Inspection Commission and the International Atomic Energy Agency as set forth in resolutions 687 (1991) of 3 April 1991, 1284 (1999) of 17 December 1999, and 1441 (2002) of 8 November 2002;
“12. Notes the establishment of a Development Fund for Iraq to be held by the Central Bank of Iraq and to be audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq and looks forward to the early meeting of that International Advisory and Monitoring Board, whose members shall include duly qualified representatives of the Secretary-General, of the Managing Director of the International Monetary Fund, of the Director-General of the Arab Fund for Social and Economic Development, and of the President of the World Bank;
“13. Notes further that the funds in the Development Fund for Iraq shall be disbursed at the direction of the Authority, in consultation with the Iraqi interim administration, for the purposes set out in paragraph 14 below;
“14. Underlines that the Development Fund for Iraq shall be used in a transparent manner to meet the humanitarian needs of the Iraqi people, for the economic reconstruction and repair of Iraq’s infrastructure, for the continued disarmament of Iraq, and for the costs of Iraqi civilian administration, and for other purposes benefiting the people of Iraq;
“15. Calls upon the international financial institutions to assist the people of Iraq in the reconstruction and development of their economy and to facilitate assistance by the broader donor community, and welcomes the readiness of creditors, including those of the Paris Club, to seek a solution to Iraq’s sovereign debt problems;
“16. Requests also that the Secretary-General, in coordination with the Authority, continue the exercise of his responsibilities under Security Council resolution 1472 (2003) of 28 March 2003 and 1476 (2003) of 24 April 2003, for a period of six months following the adoption of this resolution, and terminate within this time period, in the most cost effective manner, the ongoing operations of the “Oil-for-Food” Programme (the “Programme”), both at headquarters level and in the field, transferring responsibility for the administration of any remaining activity under the Programme to the Authority, including by taking the following necessary measures:
“(a) to facilitate as soon as possible the shipment and authenticated delivery of priority civilian goods as identified by the Secretary-General and representatives designated by him, in coordination with the Authority and the Iraqi interim administration, under approved and funded contracts previously concluded by the previous Government of Iraq, for the humanitarian relief of the people of Iraq, including, as necessary, negotiating adjustments in the terms or conditions of these contracts and respective letters of credit as set forth in paragraph 4 (d) of resolution 1472 (2003);
“(b) to review, in light of changed circumstances, in coordination with the Authority and the Iraqi interim administration, the relative utility of each approved and funded contract with a view to determining whether such contracts contain items required to meet the needs of the people of Iraq both now and during reconstruction, and to postpone action on those contracts determined to be of questionable utility and the respective letters of credit until an internationally recognized, representative government of Iraq is in a position to make its own determination as to whether such contracts shall be fulfilled;
“(c) to provide the Security Council within 21 days following the adoption of this resolution, for the Security Council’s review and consideration, an estimated operating budget based on funds already set aside in the account established pursuant to paragraph 8 (d) of resolution 986 (1995) of 14 April 1995, identifying:
(i) all known and projected costs to the United Nations required to ensure the continued functioning of the activities associated with implementation of the present resolution, including operating and administrative expenses associated with the relevant United Nations agencies and programmes responsible for the implementation of the Programme both at Headquarters and in the field;
(ii) all known and projected costs associated with termination of the Programme;
(iii)all known and projected costs associated with restoring Government of Iraq funds that were provided by Member States to the Secretary-General as requested in paragraph 1 of resolution 778 (1992); and
(iv) all known and projected costs associated with the Special Representative and the qualified representative of the Secretary-General identified to serve on the International Advisory and Monitoring Board, for the six month time period defined above, following which these costs shall be borne by the United Nations;
“(d) to consolidate into a single fund the accounts established pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995);
“(e) to fulfil all remaining obligations related to the termination of the Programme, including negotiating, in the most cost effective manner, any necessary settlement payments, which shall be made from the escrow accounts established pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995), with those parties that previously have entered into contractual obligations with the Secretary-General under the Programme, and to determine, in coordination with the Authority and the Iraqi interim administration, the future status of contracts undertaken by the United Nations and related United Nations agencies under the accounts established pursuant to paragraphs 8 (b) and 8 (d) of resolution 986 (1995);
“(f) to provide the Security Council, 30 days prior to the termination of the Programme, with a comprehensive strategy developed in close coordination with the Authority and the Iraqi interim administration that would lead to the delivery of all relevant documentation and the transfer of all operational responsibility of the Programme to the Authority;
“17. Requests further that the Secretary-General transfer as soon as possible to the Development Fund for Iraq 1 billion United States dollars from unencumbered funds in the accounts established pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995), restore Government of Iraq funds that were provided by Member States to the Secretary-General as requested in paragraph 1 of resolution 778 (1992), and decides that, after deducting all relevant United Nations expenses associated with the shipment of authorized contracts and costs to the Programme outlined in paragraph 16 (c) above, including residual obligations, all surplus funds in the escrow accounts established pursuant to paragraphs 8 (a), 8 (b), 8 (d), and 8 (f) of resolution 986 (1995) shall be transferred at the earliest possible time to the Development Fund for Iraq;
“18. Decides to terminate effective on the adoption of this resolution the functions related to the observation and monitoring activities undertaken by the Secretary-General under the Programme, including the monitoring of the export of petroleum and petroleum products from Iraq;
“19. Decides to terminate the Committee established pursuant to paragraph 6 of resolution 661 (1990) at the conclusion of the six month period called for in paragraph 16 above and further decides that the Committee shall identify individuals and entities referred to in paragraph 23 below;
“20. Decides that all export sales of petroleum, petroleum products, and natural gas from Iraq following the date of the adoption of this resolution shall be made consistent with prevailing international market best practices, to be audited by independent public accountants reporting to the International Advisory and Monitoring Board referred to in paragraph 12 above in order to ensure transparency, and decides further that, except as provided in paragraph 21 below, all proceeds from such sales shall be deposited into the Development Fund for Iraq until such time as an internationally recognized, representative government of Iraq is properly constituted;
“21. Decides further that 5 percent of the proceeds referred to in paragraph 20 above shall be deposited into the Compensation Fund established in accordance with resolution 687 (1991) and subsequent relevant resolutions and that, unless an internationally recognized, representative government of Iraq and the Governing Council of the United Nations Compensation Commission, in the exercise of its authority over methods of ensuring that payments are made into the Compensation Fund, decide otherwise, this requirement shall be binding on a properly constituted, internationally recognized, representative government of Iraq and any successor thereto;
“22. Noting the relevance of the establishment of an internationally recognized, representative government of Iraq and the desirability of prompt completion of the restructuring of Iraq’s debt as referred to in paragraph 15 above, further decides that, until December 31, 2007, unless the Council decides otherwise, petroleum, petroleum products, and natural gas originating in Iraq shall be immune, until title passes to the initial purchaser from legal proceedings against them and not be subject to any form of attachment, garnishment, or execution, and that all States shall take any steps that may be necessary under their respective domestic legal systems to assure this protection, and that proceeds and obligations arising from sales thereof, as well as the Development Fund for Iraq, shall enjoy privileges and immunities equivalent to those enjoyed by the United Nations except that the above-mentioned privileges and immunities will not apply with respect to any legal proceeding in which recourse to such proceeds or obligations is necessary to satisfy liability for damages assessed in connection with an ecological accident, including an oil spill, that occurs after the date of adoption of this resolution;
“23. Decides that all Member States in which there are:
“(a) funds or other financial assets or economic resources of the previous Government of Iraq or its state bodies, corporations, or agencies, located outside Iraq as of the date of this resolution, or
“(b) funds or other financial assets or economic resources that have been removed from Iraq, or acquired, by Saddam Hussein or other senior officials of the former Iraqi regime and their immediate family members, including entities owned or controlled, directly or indirectly, by them or by persons acting on their behalf or at their direction,
shall freeze without delay those funds or other financial assets or economic resources and, unless these funds or other financial assets or economic resources are themselves the subject of a prior judicial, administrative, or arbitral lien or judgement, immediately shall cause their transfer to the Development Fund for Iraq, it being understood that, unless otherwise addressed, claims made by private individuals or non-government entities on those transferred funds or other financial assets may be presented to the internationally recognized, representative government of Iraq; and decides further that all such funds or other financial assets or economic resources shall enjoy the same privileges, immunities, and protections as provided under paragraph 22;
“24. Requests the Secretary-General to report to the Council at regular intervals on the work of the Special Representative with respect to the implementation of this resolution and on the work of the International Advisory and Monitoring Board and encourages the United Kingdom of Great Britain and Northern Ireland and the United States of America to inform the Council at regular intervals of their efforts under this resolution;
“25. Decides to review the implementation of this resolution within twelve months of adoption and to consider further steps that might be necessary.
“26. Calls upon Member States and international and regional organizations to contribute to the implementation of this resolution;
“27. Decides to remain seized of this matter.”
Adoption of Resolution
The draft resolution submitted by Spain, United Kingdom and the United States (document S/2003/556) was adopted by a recorded vote of 14 in favour to none against, with no abstentions. The representative of Syria was not present.
Statements after Vote
JOHN NEGROPONTE (United States) said the lifting of sanctions against Iraq, which had been prolonged by the defiance of Saddam Hussein’s brutal regime, represented hope for the Iraqi people. He stressed that, with the adoption of the resolution, the Council was helping the Iraqi people, who had suffered under a regime that had been unwilling to feed them or afford them the right of free speech, while building itself luxurious palaces.
Insisting that each additional day of debate over the text’s language would only hinder further recovery in Iraq, he maintained that, after more than a decade of being frozen out of the world’s economy, it was time for the Iraqi people to benefit from their natural resources. He referred to statements by United States President George W. Bush and United Kingdom Prime Minister Tony Blair, in which both leaders had said that the United Nations should play a role in rebuilding Iraq.
He said the resolution affirmed the Council’s commitment to the development of an internationally recognized representative government in Iraq; allowed for the Secretary-General’s Special Representative to have a robust role in rebuilding the country; provided for the phasing out of the “oil-for-food” programme; and guaranteed United Nations participation in monitoring the sale of Iraqi oil. He was pleased to announce the creation of the Development Fund for Iraq, which would only be used to benefit the Iraqi people.
Now that the resolution had been adopted, it had to be implemented, he stated. There were urgent humanitarian, reconstruction, and political tasks at hand. Additionally, referring to operative paragraph 24, he said he would continue to brief the Council on developments in Iraq and looked forward to working with the international community to better the lives of the Iraqi people.
JEAN-MARC DE LA SABLIÈRE (France) said the Iraqi people must now take control of their future, both domestically, where a representative and sovereign government was to be restored, and internationally as it had to rejoin the international community. The situation in the country was still unstable, and the humanitarian situation remained precarious. Reconstruction would take time and require the energetic mobilization of the international community.
He said the adopted resolution was not perfect. However, improvements had been introduced during the negotiation process, and it now provided a credible framework in which the international community could lend support to the Iraqi people. Now, all of potential must be fully used to get down to the effort of rebuilding Iraq. The resolution recalled that the verified disarmament of Iraq was a shared objective, involving the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA). With lifting of civilian sanction and resumption of oil exports, Iraq would have the resources to rebuild itself. The resolution stipulated that those resources should be used for that benefit in a transparent manner. It also provided for the gradual winding down of the oil-for-food programme, which must take place in an orderly fashion, while improving the situation of the people.
The resolution fleshed out the essential role of the United Nations in the humanitarian and political areas, he said. The strong, independent involvement of the United Nations in the political process would condition the success of the process, namely, the degree of its ownership by the Iraqi people. The political transition would gain even more respectability if a timetable was defined to establish an internationally recognized and representative government of Iraq.
The resolution gave the occupying Powers broad authority and the necessary means to carry it out, he said. France supported that difficult endeavour which now involved the entire international community and included the Iraqi people. The Council must remain closely involved in the situation in Iraq. The United States and the United Kingdom would report regularly to the Council, and the situation would be reviewed within 12 months.
JEREMY GREENSTOCK (United Kingdom) welcomed the adoption of the resolution. He hoped the vote taken would mark the return to sustained consensus on one of the most difficult foreign policy issues faced today. He then highlighted three important elements of the resolution. First, it gave the United Nations a vital and independent post-conflict role. In that context, he hoped that the Secretary-General would rapidly deploy a Special Representative. Second, the resolution lifted the burden of the most comprehensive sanctions regime ever imposed by the United Nations. Instead of sanctions, Iraq would now benefit from the new, transparent Development Fund. Third, the resolution gave the international community a sound basis to come together to help the Iraqi people, in accordance with international law.
He said the resolution never sought to solve every issue. For example, the functions of UNMOVIC and the IAEA would have to be discussed in the future. The United Nations Iraq-Kuwait Observation Mission (UNIKOM), the process of repatriating Kuwaitis and third-State nationals, and the maintenance of the arms embargo would have to be addressed, as well. He also expressed his commitment to a review of the resolution’s implementation after 12 months.
GUNTER PLEUGER (Germany) said the resolution provided a basis for practical steps on the ground to improve conditions and stabilize the political and economic situation. It was a compromise reached after difficult negotiations. Compared to the initial draft, substantial improvements had been made and the role of the United Nations had been strengthened.
He said the Secretary-General would be represented by a Special Representative who would be expected, fully and independently, to implement his responsibilities. The Council had to be kept fully informed by the Secretary-General, the United States and the United Kingdom, and would review the resolution’s implementation in 12 months. The disarmament issue had been kept on the Council’s agenda. The International Advisory and Monitoring Board of the Development Fund for Iraq comprised a vast body of expertise on rebuilding economies ravaged by war and totalitarian systems. The Board must take full responsibility of its tasks to provide transparency.
The adoption of the resolution had left behind the divisions of the past, he said. Sanctions would be lifted, and political and economic reconstruction would be started. Now, it was important to give the Iraqi people the perspective of building a democratic and stable government, at peace with itself and its neighbours, and a respected member of the family of nations.
INOCENCIO ARIAS (Spain) said that, with the adoption of the resolution at hand, the Security Council had understood that the time to be realistic had come. He acknowledged that some parties felt that the resolution was not perfect. Nevertheless, nobody would be able to deny that it provided an important tool to deal with a difficult issue. He called the document important, relevant and indispensable, and maintained that it put forth the idea that the Iraqi people were the sole owners of their future.
He said that the resolution provided guidelines for the authority in Iraq, insisted on transparency, and gave the United Nations an important role. He added that today would be seen as a sign of hope, especially for the people of Iraq. He also hoped that it would help the United Nations to tackle other challenges, such as terrorism, in the future.
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ADOLFO AGUILAR ZINSER (Mexico) said his country had joined the almost unanimous consensus of the Council, as the resolution set in motion the process of Iraq’s reconstruction. Without further delay, the parties could discharge their responsibility. The immediate goal was to bring about a normalization of the situation so that the people of Iraq would be in a position to dictate their own political future.
The text was a compromise, he said. During intense discussions, members of the Council had to rebuild understanding and reconcile opinions to retrieve the purpose and direction of the Council. Consensus was expressed through the agreement to lift civilian sanctions and terminate, within six months, the oil-for-food programme in order to promote the prompt reconstruction of Iraq. The resolution served as a starting point for a complex process, providing for conditions leading to prompt termination of military occupation and setting up of an internationally recognized and representative government of Iraq by the Iraqi people.
On that basis, the United Nations’ challenge would be to assure respect for the fundamental principles of the Organization and to become energetically involved in the reconstruction process, he continued. The part to be played by the United Nations would depend on the commitment and flexibility of the Council and also on the professional ability of the Special Representative.
The resolution guaranteed rights relating to sovereignty, the Iraqi people’s ownership of its resources and their self-determination, he said. All proceeds of oil resources should be channelled towards the benefit of the Iraqi people. The advisory and monitoring mechanism must guarantee that the handling of oil would be done in a transparent manner. Iraq’s future was a great challenge for the United Nations, and to confront it squarely, the Organization itself had to be strengthened.
SERGEY LAVROV (Russian Federation) was pleased with the results obtained by the negotiations. Clearly, the resolution was the result of a major compromise, but it was commendable that all parties had truly made an effort to make concessions, in spite of diverging positions. That process showed that difficult issues could only be settled on a collective basis.
Although the resolution did not provide final answers to all questions related to Iraq, it outlined clear guidelines and principles for the occupying Powers, he said. It ensured that humanitarian law, as well as the right of the Iraqi people to determine their own future and benefit from their own natural resources, would be respected. Additionally, with the description of the functions of the Secretary-General’s Special Representative, the resolution assigned a vital and important role to the United Nations.
He stressed the importance of the review of the resolution’s implementation, which would take place in 12 months, and maintained that it was necessary for all activities in the interim period to be transparent. Before concluding, he said that the matter of disarmament still needed closure, and that the next opportunity to consider it would not be until next month, when the Council received a report from UNMOVIC. Other matters, such as the settlement of Iraq’s foreign debt, also needed to be addressed in the future.
STEFAN TAFROV (Bulgaria) welcomed the adoption of the resolution as it enabled the Iraqi people to regain control of their own fate. The spirit during negotiations had been very constructive, enabling a genuine dialogue.
He said the United Nations was to play a vital, independent and possibly a central role in Iraq in the post-conflict period. Difficulties would be resolved through a genuine partnership between the United Nations and the coalition forces. In a time of globalization, the United Nations had become an indispensable organization.
MAMADY TROARE (Guinea) said the adoption of the resolution represented a success for the United Nations and for the Council, which had gone back to the golden rule of consensus. The resolution met the humanitarian needs of Iraq, whose people already had paid a heavy price. The Iraqis were extended the right to self-determination and control over their resources.
He said the resolution was proof of the ability of the Council to rise above difficulties and of its ability to carry out its primary responsibility of guaranteeing international peace and stability. He was pleased with the important role given to the United Nations in rebuilding Iraq and hoped the Special Representative would fully play his rightful role during that crucial stage for Iraq’s future.
WANG YINGFAN (China) said that the resolution would contribute to maintaining the authority and validity of the United Nations. Having participated in the negotiations and noting amendments made to the original texts, he, maintained that his Government’s specific concerns had not been properly addressed. Nevertheless, he had decided to vote in favour because of the urgent humanitarian needs in Iraq. He hoped that the United Nations would be able to play its due role in reconstruction and that Iraq would soon be able to rejoin the international community.
MARTIN BELINGA-EBOUTOU (Cameroon) said he welcomed the unanimous adoption of the resolution. Representing a great moment for the Security Council, the adoption sent a message of confidence in the Iraqi people, who would soon be able to take charge of their own affairs. From the outset, he had believed that sanctions against Iraq should be lifted, that the United Nations should play an important role in rebuilding Iraq, and that the Iraqis themselves should be able to choose their own leaders. The resolution satisfactorily addressed all of those concerns. With the unanimous adoption of the document at hand, the Council had come back to the path of dialogue and unity, and that sent a positive message to the international community.
CHRISTIAN MAQUIEIRA (Chile) said the adopted resolution contained important provisions concerning the political process in Iraq, the role of the United Nations, supervision of the Development Fund, and the Council’s role 12 months from now. It lifted sanctions, which was an urgent step towards normalizing the economy. There was a process for winding down the oil-for-food programme in an orderly manner. The adoption had also made it possible to restore the Council’s capacity to agree on a process for the reconstruction of Iraq.
He said the text met the need to safeguard Iraq’s territorial integrity and ownership of its natural resources. The resolution had focused on improving the conditions of the Iraqi people after decades of suffering.
ISMAEL ABRÃAO GASPAR MARTINS (Angola) also welcomed the outcome on the resolution and thanked the sponsors and other Council members for their constructive spirit of compromise. The resolution’s adoption would contribute to restoring the necessary unity of purpose of the Council -– a unity that had been bruised by divisions over Iraq during the past months. Its adoption had also reinstated the spirit of multilateralism in the Council, enabling it to better play its mandated role in maintaining international peace and security.
He said the occupying Powers were legally bound to respect international law, the sovereign rights of Iraq to its natural resources and to determine in time, soon, he hoped, their political future. The role of the United Nations in the post-conflict situation was an important feature of the resolution, as it took account of the Organization’s wealth of experience. The resolution guarded the fundamental rights of the Iraqi people, who, he hoped, would soon elect a representative government.
The bitter lessons learned on the issue would contribute to strengthening respect for human rights and international law, and to upholding multilateralism, he concluded.
Council President MUNIR AKRAM (Pakistan), speaking in his national capacity, said that, although his Government had tried to prevent another conflict in the Gulf and regretted its outbreak, he had supported the resolution at hand because of his commitment to the Iraqi people and his desire to end their suffering. He said that, because the resolution affirmed the sovereignty and territorial integrity of the Iraqi people, it upheld the principles of the United Nations Charter and affirmed the role of international law.
Lifting the sanctions against Iraq, the resolution opened the door for reconstruction and humanitarian assistance. In addition, it accorded an independent and vital role to the United Nations, the Secretary-General, and his Special Representative. He expected that the role of the Secretary-General would become even more central in the coming months. Referring to preambular
paragraphs 14 and 15 and operative paragraph 1, he said that they opened the door for friends of Iraq to contribute to the welfare of the Iraqi people.
He voiced his expectation that the responsibilities entrusted to the Authority would be exercised fairly and transparently, in the interest of the Iraqi people, and under the oversight of the United Nations. He also reminded delegates that, under the Charter, the powers delegated under the resolution were not open-ended or unqualified. On the contrary, they still had to conform with international justice and law, specifically the Geneva Convention and The Hague resolutions.
He said the resolution did not address all issues. For example, the following topics still had to be considered: the role of the IAEA in declaring Iraq free of weapons of mass destruction; an end to the arms embargo; clarification of the role of the United Nations in the future of Iraq; the recovery of Iraqi cultural treasures; and the repatriation of Kuwaiti and third-State nationals.
A secure and stable regional environment was necessary for lasting peace, he said. In that regard, he expressed hope that there would be parallel progress in other disputes of the region.
The Secretary-General of the United Nations, KOFI ANNAN, said all should be gratified that the Council had come together to chart the way forward in Iraq. The Council had adopted a resolution which spelled out the assistance one expected the United Nations to give the Iraqi people, in coordination with the occupying Powers.
The mandate given to the United Nations involved complex and difficult tasks, he said, which would be carried out to the best of the Organization’s abilities, just as it already was carrying out its vital task of humanitarian relief.
The most important task, the Secretary-General continued, would be to ensure that the people of Iraq were able, as soon as possible, through a transparent and impartially managed political process, to form a free and representative government of their own choice, so they could regain their national sovereignty and build a stable and prosperous Iraq, at peace with its neighbours. He announced he would name a Special Representative without delay.
(For full text of the Secretary-General’s statement, see Press Release SG/SM/8715-SC/7766-IK/359 of 22 May 2003.)
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