Security Council Resolution Draft

The Security Council,
Recalling all its previous relevant resolutions, in particular its
> resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29 November 1990,
686
> (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April
> 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986
> (1995) of 14 April 1995, and 1284 (1999) of 17 December 1999, and all the
> relevant statements of its President,
>
> Recalling also its resolution 1382 (2001) of 29 November 2001 and its
> intention to implement it fully,
>
> Recognizing the threat Iraq?s noncompliance with Council resolutions and
> proliferation of weapons of mass destruction and long-range missiles poses
> to international peace and security,
>
> Recalling that its resolution 678 (1990) authorized member states to use
all
> necessary means to uphold and implement its resolution 660 (1990) of 2
> August 1990 and all relevant resolutions subsequent to Resolution 660
(1990)
> and to restore international peace and security in the area,
>
> Further recalling that its resolution 687 (1991) imposed obligations on
Iraq
> as a necessary step for achievement of its stated objective of restoring
> international peace and security in the area,
>
> Deploring the fact that Iraq has not provided an accurate, full, final,
and
> complete disclosure, as required by resolution 687 (1991), of all aspects
of
> its programmes to develop weapons of mass destruction and ballistic
missiles
> with a range greater than one hundred and fifty kilometres, and of all
> holdings of such weapons, their components and production facilities and
> locations, as well as all other nuclear programmes, including any which it
> claims are for purposes not related to nuclear-weapons-usable material,
>
> Deploring further that Iraq repeatedly obstructed immediate,
unconditional,
> and unrestricted access to sites designated by the United Nations Special
> Commission (UNSCOM) and the International Atomic Energy Agency (IAEA),
> failed to cooperate fully and unconditionally with UNSCOM and IAEA weapons
> inspectors, as required by resolution 687 (1991), and ultimately ceased
all
> cooperation with UNSCOM and the IAEA in 1998,
>
> Deploring the absence, since December 1998, in Iraq of international
> monitoring, inspection, and verification, as required by relevant
> resolutions, of weapons of mass destruction and ballistic missiles, in
spite
> of the Council?s repeated demands that Iraq provide immediate,
> unconditional, and unrestricted access to the United Nations Monitoring,
> Verification and Inspection Commission (UNMOVIC), established in
resolution
> 1284 (1999) as the successor organization to UNSCOM, and the IAEA, and
> regretting the consequent prolonging of the crisis in the region and the
> suffering of the Iraqi people,
>
> Deploring also that the Government of Iraq has failed to comply with its
> commitments pursuant to resolution 687 (1991) with regard to terrorism,
> pursuant to resolution 688 (1991) to end repression of its civilian
> population and to provide access by international humanitarian
organizations
> to all those in need of assistance in Iraq, and pursuant to resolutions
686
> (1991), 687 (1991), and 1284 (1999) to return or cooperate in accounting
for
> Kuwaiti and third country nationals wrongfully detained by Iraq, or to
> return Kuwaiti property wrongfully seized by Iraq,
>
> Recalling that in its resolution 687 (1991) the Council declared that a
> ceasefire would be based on acceptance by Iraq of the provisions of that
> resolution, including the obligations on Iraq contained therein,
>
> Determined to ensure full and immediate compliance by Iraq without
> conditions or restrictions with its obligations under resolution 687
(1991)
> and other relevant resolutions and recalling that the resolutions of the
> Council constitute the governing standard of Iraqi compliance,
>
> Recalling that the effective operation of UNMOVIC, as the successor
> organization to the Special Commission, and the IAEA is essential for the
> implementation of resolution 687 (1991) and other relevant resolutions,
>
> Noting the letter dated 16 September 2002 from the Minister for Foreign
> Affairs of Iraq addressed to the Secretary General is a necessary first
step
> toward rectifying Iraq?s continued failure to comply with relevant Council
> resolutions,
>
> Noting further the letter dated 8 October 2002 from the Executive Chairman
> of UNMOVIC and the Director General of the IAEA to General Al-Saadi of the
> Government of Iraq laying out the practical arrangements, as a follow-up
to
> their meeting in Vienna, that are prerequisites for the resumption of
> inspections in Iraq by UNMOVIC and the IAEA, and expressing the gravest
> concern at the continued failure by the Government of Iraq to provide
> confirmation of the arrangements as laid out in that letter,
>
> Reaffirming the commitment of all Member States to the sovereignty and
> territorial integrity of Iraq, Kuwait, and the neighbouring States,
>
> Commending the Secretary General and members of the League of Arab States
> and its Secretary General for their efforts in this regard,
>
> Determined to secure full compliance with its decisions,
>
> Acting under Chapter VII of the Charter of the United Nations,
>
> 1. Decides that Iraq has been and remains in material breach of its
> obligations under relevant resolutions, including resolution 687 (1991),
in
> particular through Iraq?s failure to cooperate with United Nations
> inspectors and the IAEA, and to complete the actions required under
> paragraphs 8 to 13 of resolution 687 (1991);
>
> 2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by
this
> resolution, a final opportunity to comply with its disarmament obligations
> under relevant resolutions of the Council; and accordingly decides to set
up
> an enhanced inspection regime with the aim of bringing to full and
verified
> completion the disarmament process established by resolution 687 (1991)
and
> subsequent resolutions of the Council;
>
> 3. Decides that, in order to begin to comply with its disarmament
> obligations, in addition to submitting the required biannual declarations,
> the Government of Iraq shall provide to UNMOVIC, the IAEA, and the
Council,
> not later than 30 days from the date of this resolution, a currently
> accurate, full, and complete declaration of all aspects of its programmes
to
> develop chemical, biological, and nuclear weapons, ballistic missiles, and
> other delivery systems such as unmanned aerial vehicles and dispersal
> systems designed for use on aircraft, including any holdings and precise
> locations of such weapons, components, sub-components, stocks of agents,
and
> related material and equipment, the locations and work of its research,
> development and production facilities, as well as all other chemical,
> biological, and nuclear programmes, including any which it claims are for
> purposes not related to weapon production or material;
>
> 4. Decides that false statements or omissions in the declarations
submitted
> by Iraq pursuant to this resolution and failure by Iraq at any time to
> comply with, and cooperate fully in the implementation of, this resolution
> shall constitute a further material breach of Iraq's obligations and will
be
> reported to the Council for assessment in accordance with paragraph 11 or
12
> below;
>
> 5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate,
> unimpeded, unconditional, and unrestricted access to any and all,
including
> underground, areas, facilities, buildings, equipment, records, and means
of
> transport which they wish to inspect, as well as immediate, unimpeded,
> unrestricted, and private access to all officials and other persons whom
> UNMOVIC or the IAEA wish to interview in the mode or location of UNMOVIC's
> or the IAEA's choice pursuant to any aspect of their mandates; further
> decides that UNMOVIC and the IAEA may at their discretion conduct
interviews
> inside or outside of Iraq, may facilitate the travel of those interviewed
> and family members outside of Iraq, and that, at the sole discretion of
> UNMOVIC and the IAEA, such interviews may occur without the presence of
> observers from the Iraqi government; and instructs UNMOVIC and requests
the
> IAEA to resume inspections no later than 45 days following adoption of
this
> resolution and to update the Council 60 days thereafter;
>
> 6. Endorses the 8 October 2002 letter from the Executive Chairman of
> UNMOVIC and the Director General of the IAEA to General Al-Saadi of the
> Government of Iraq, which is annexed hereto, and decides that the contents
> of the letter shall be binding upon Iraq;
>
> 7. Decides further that, in view of the prolonged interruption by Iraq of
> the presence of UNMOVIC and the IAEA and in order for them to accomplish
the
>   tasks set forth in this resolution and all previous relevant resolutions
> and notwithstanding prior understandings, the Council hereby establishes
the
> following revised or additional authorities, which shall be binding upon
> Iraq , to facilitate their work in Iraq:
>
> -- UNMOVIC and the IAEA shall determine the composition of their
inspection
> teams and ensure that these teams are composed of the most qualified and
> experienced experts available;
>
> --   All UNMOVIC and IAEA personnel shall enjoy the privileges and
> immunities provided in the Convention on Privileges and Immunities of the
> United Nations and the Agreement on the Privileges and Immunities of the
> IAEA ;
>
> -- UNMOVIC and the IAEA shall have unrestricted rights of entry into and
out
> of Iraq, the right to free, unrestricted, and immediate movement to and
from
> inspection sites, and the right to inspect any sites and buildings,
> including immediate, unimpeded, unconditional, and unrestricted access to
> Presidential Sites equal to that at other sites, notwithstanding the
> provisions of resolution 1154 (1998);
>
> -- UNMOVIC and the IAEA shall have the right to be provided by Iraq the
> names of all personnel currently and formerly associated with Iraq?s
> chemical, biological, nuclear, and ballistic missile programmes and the
> associated research, development, and production facilities;
>
> -- Security of UNMOVIC and IAEA facilities shall be ensured by sufficient
UN
> security guards;
>
> -- UNMOVIC and the IAEA shall have the right to declare, for the purposes
of
> freezing a site to be inspected, exclusion zones, including surrounding
> areas and transit corridors, in which Iraq will suspend ground and aerial
> movement so that nothing is changed in or taken out of a site being
> inspected;
>
> -- UNMOVIC and the IAEA shall have the free and unrestricted use and
landing
> of fixed- and rotary-winged aircraft, including manned and unmanned
> reconnaissance vehicles;
>
> -- UNMOVIC and the IAEA shall have the right at their sole discretion
> verifiably to remove, destroy, or render harmless all prohibited weapons,
> subsystems, components, records, materials, and other related items, and
the
> right to impound or close any facilities or equipment for the production
> thereof; and
>
> -- UNMOVIC and the IAEA shall have the right to free import and use of
> equipment or materials for inspections and to seize and export any
> equipment, materials, or documents taken during inspections, without
search
> of UNMOVIC or IAEA personnel or official or personal baggage;
>
> 8. Decides further that Iraq shall not take or threaten hostile acts
> directed against any representative or personnel of the United Nations or
of
> any Member State taking action to uphold any Council resolution;
>
> 9. Requests the Secretary General immediately to notify Iraq of this
> resolution, which is binding on Iraq; demands that Iraq confirm within
seven
> days of that notification its intention to comply fully with this
> resolution; and demands further that Iraq cooperate immediately,
> unconditionally, and actively with UNMOVIC and the IAEA;
>
> 10. Requests all Member States to give full support to UNMOVIC and the
IAEA
> in the discharge of their mandates, including by providing any information
> related to prohibited programmes or other aspects of their mandates,
> including on Iraqi attempts since 1998 to acquire prohibited items, and by
> recommending sites to be inspected, persons to be interviewed, conditions
of
> such interviews, and data to be collected, the results of which shall be
> reported to the Council by UNMOVIC and the IAEA;
>
> 11. Directs the Executive Chairman of UNMOVIC and the Director General of
> the IAEA to report immediately to the Council any interference by Iraq
with
> inspection activities, as well as any failure by Iraq to comply with its
> disarmament obligations, including its obligations regarding inspections
> under this resolution;
>
> 12. Decides to convene immediately upon receipt of a report in accordance
> with paragraphs 4 or 11 above, in order to consider the situation and the
> need for full compliance with all of the relevant Council resolutions in
> order to restore international peace and security;
>
> 13. Recalls, in that context, that the Council has repeatedly warned Iraq
> that it will face serious consequences as a result of its continued
> violations of its obligations;
>
> 14. Decides to remain seized of the matter.
>
>
> ANNEX
>
> TEXT OF BLIX/EL-BARADEI LETTER
>
>
>
> United Nations Monitoring, Verification and International Atomic Energy
> Agency Inspection Commission
>
> The Executive Chairman
> The Director General
> ________________________________________________________________________
>
> 8 October 2002
>
> Dear General Al-Saadi,
>
> During our recent meeting in Vienna, we discussed practical arrangements
> that are prerequisites for the resumption of inspections in Iraq by
UNMOVIC
> and the IAEA. As you recall, at the end of our meeting in Vienna we
agreed
> on a statement which listed some of the principal results achieved,
> particularly Iraq's acceptance of all the rights of inspection provided
for
> in all of the relevant Security Council resolutions. This acceptance was
> stated to be without any conditions attached.
>
> During our 3 October 2002 briefing to the Security Council, members of the
> Council suggested that we prepare a written document on all of the
> conclusions we reached in Vienna. This letter lists those conclusions and
> seeks your confirmation thereof. We shall report accordingly to the
> Security Council.
>
> In the statement at the end of the meeting, it was clarified that UNMOVIC
> and the IAEA will be granted immediate, unconditional and unrestricted
> access to sites, including what was termed "sensitive sites" in the past.
> As we noted, however, eight presidential sites have been the subject of
> special procedures under a Memorandum of Understanding of 1998. Should
> these sites be subject, as all other sites, to immediate, unconditional
and
> unrestricted access, UNMOVIC and the IAEA would conduct inspections there
> with the same professionalism.
>
> H.E. General Amir H. Al-Saadi
> Advisor
> Presidential Office
> Baghdad
> Iraq
>
>
> -2-
>
> We confirm our understanding that UNMOVIC and the IAEA have the right to
> determine the number of inspectors required for access to any particular
> site. This determination will be made on the basis of the size and
> complexity of the site being inspected. We also confirm that Iraq will be
> informed of the designation of additional sites, i.e. sites not declared
by
> Iraq or previously inspected by either UNSCOM or the IAEA, through a
> Notification of Inspection (NIS) provided upon arrival of the inspectors
at
> such sites.
>
> Iraq will ensure that no proscribed material, equipment, records or other
> relevant items will be destroyed except in the presence of UNMOVIC and/or
> IAEA inspectors, as appropriate, and at their request.
>
> UNMOVIC and the IAEA may conduct interviews with any person in Iraq whom
> they believe may have information relevant to their mandate. Iraq will
> facilitate such interviews. It is for UNMOVIC and the IAEA to choose the
> mode and location for interviews.
>
> The National Monitoring Directorate (NMD) will, as in the past, serve as
the
> Iraqi counterpart for the inspectors. The Baghdad Ongoing Monitoring and
> Verification Centre (BOMVIC) will be maintained on the same premises and
> under the same conditions as was the former Baghdad Monitoring and
> Verification Centre. The NMD will make available services as before, cost
> free, for the refurbishment of the premises.
>
> The NMD will provide free of cost: (a) escorts to facilitate access to
> sites to be inspected and communication with personnel to be interviewed;
> (b) a hotline for BOMVIC which will be staffed by an English speaking
person
> on a 24 hour a day/seven days a week basis; (c) support in terms of
> personnel and ground transportation within the country, as requested; and
> (d) assistance in the movement of materials and equipment at Inspectors'
> request (construction, excavation equipment, etc.). NMD will also ensure
> that escorts are available in the event of inspections outside normal
> working hours, including at night and on holidays.
>
> Regional UNMOVIC/IAEA offices may be established, for example, in Basra
and
> Mosul, for the use of their inspectors. For this purpose, Iraq will
> provide, without cost, adequate office buildings, staff accommodation, and
> appropriate escort personnel.
>
> UNMOVIC and the IAEA may use any type of voice or data transmission,
> including satellite and/or inland networks, with or without encryption
> capability. UNMOVIC and the IAEA may also install equipment in the field
> with the capability for transmission of data directly to the BOMVIC, New
> York and Vienna (e.g. sensors, surveillance cameras). This will be
> facilitated by Iraq and there will be no interference by Iraq with UNMOVIC
> or IAEA communications.
>
> -3-
>
> Iraq will provide, without cost, physical protection of all surveillance
> equipment, and construct antennae for remote transmission of data, at the
> request of UNMOVIC and the IAEA. Upon request by UNMOVIC through the NMD,
> Iraq will allocate frequencies for communications equipment.
>
> Iraq will provide security for all UNMOVIC and IAEA personnel. Secure and
> suitable accommodations will be designated at normal rates by Iraq for
these
> personnel. For their part, UNMOVIC and the IAEA will require that their
> staff not stay at any accommodation other than those identified in
> consultation with Iraq.
>
> On the use of fixed-wing aircraft for transport of personnel and equipment
> and for inspection purposes, it was clarified that aircraft used by
UNMOVIC
> and IAEA staff arriving in Baghdad may land at Saddam International
Airport.
>   The points of departure of incoming aircraft will be decided by UNMOVIC.
> The Rasheed airbase will continue to be used for UNMOVIC and IAEA
helicopter
> operations. UNMOVIC and Iraq will establish air liaison offices at the
> airbase. At both Saddam International Airport and Rasheed airbase, Iraq
> will provide the necessary support premises and facilities. Aircraft fuel
> will be provided by Iraq, as before, free of charge.
>
> On the wider issue of air operations in Iraq, both fixed-wing and rotary,
> Iraq will guarantee the safety of air operations in its air space outside
> the no-fly zones. With regard to air operations in the no-fly zones, Iraq
> will take all steps within its control to ensure the safety of such
> operations.
>
> Helicopter flights may be used, as needed, during inspections and for
> technical activities, such as gamma detection, without limitation in all
> parts of Iraq and without any area excluded. Helicopters may also be used
> for medical evacuation.
>
> On the question of aerial imagery, UNMOVIC may wish to resume the use of
U-2
> or Mirage overflights. The relevant practical arrangements would be
similar
> to those implemented in the past.
>
> As before, visas for all arriving staff will be issued at the point of
entry
> on the basis of the UN Laissez-Passer or UN Certificate; no other entry or
> exit formalities will be required. The aircraft passenger manifest will
be
> provided one hour in advance of the arrival of the aircraft in Baghdad.
> There will be no searching of UNMOVIC or IAEA personnel or of official or
> personal baggage. UNMOVIC and the IAEA will ensure that their personnel
> respect the laws of Iraq restricting the export of certain items, for
> example, those related to Iraq's national cultural heritage. UNMOVIC and
> the IAEA may bring into, and remove from, Iraq all of the items and
> materials they require, including satellite phones and other equipment.
> With respect
>
> -4-
>
> to samples, UNMOVIC and IAEA will, where feasible, split samples so that
> Iraq may receive a portion while another portion is kept for reference
> purposes. Where appropriate, the organizations will send the samples to
> more than one laboratory for analysis.
>
> We would appreciate your confirmation of the above as a correct reflection
> of our talks in Vienna.
>
> Naturally, we may need other practical arrangements when proceeding with
> inspections. We would expect in such matters, as with the above, Iraq's
> co-operation in all respect.
>
> Yours sincerely,
>
> /s/
>
> Hans Blix
> Executive Chairman
> United Nations Monitoring, Verification and Inspection Commission
>
> /s/
> Mohamed El Baradei
> Director General
> International Atomic Energy Agency