[casi-analysis] Text of revised draft resolution

["Voices in the Wilderness \(UK\)" <voices@DELETETHISviwuk.freeserve.co.uk>]

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I've found it via Juan Cole's web-log (www.juancole.com)

http://www.nola.com/iraq/index.ssf?/newsflash/get_story.ssf?/cgi-free/getsto
ry_ssf.cgi?a0860_BC_UN-Iraq-Text&&news&emergency

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Revised text of U.N. draft resolution on Iraq proposed by United States and
Britain

The Associated Press
6/1/04 9:59 PM

The United States and Britain circulated the following revised draft U.N.
resolution on Iraq to Security Council members Monday:

The Security Council,

Marking a new phase in Iraq's transition to a democratically elected
government, and looking forward to the end of the occupation and the
assumption of authority by a fully sovereign Interim Government of Iraq by
30 June 2004,

Recalling its previous relevant resolutions on Iraq,

Reaffirming the sovereignty, unity, and territorial integrity of Iraq,

Reaffirming the right of the Iraqi people freely to determine their own
political future and control their own natural resources,

Recognizing the importance of international support, particularly that of
countries in the region, Iraq's neighbors, and regional organizations, for
the people of Iraq in their efforts to achieve security and prosperity,

Welcoming the ongoing efforts of the Special Advisor to the
Secretary-General to assist the people of Iraq in achieving the formation of
a sovereign Interim Government of Iraq,

Taking note of the dissolution of the Governing Council of Iraq, and
welcoming the progress made in implementing the arrangements for Iraq's
political transition referred to in resolution 1511 (2003),

Stressing the need for all parties to respect and protect Iraq's
archaeological, historical, cultural and religious heritage,

Affirming the importance of the rule of law, respect for human rights
including the rights of women, fundamental freedoms, and democracy including
free and fair elections,

Recalling the establishment of the United Nations Assistance Mission for
Iraq (UNAMI) on 15 August 2003, and affirming that the United Nations should
play a leading role in assisting the Iraqi people in the formation of
institutions for representative government,

Recognizing that international support for restoration of stability and
security is essential to the well-being of the people of Iraq as well as to
the ability of all concerned to carry out their work on behalf of the people
of Iraq, and welcoming Member State contributions in this regard under
resolution 1483 (2003) of 22 May 2003 and resolution 1511 (2003) of 16
October 2003,

Recalling the report provided to the Security Council on 16 Apri1 2004 under
resolution 1511 (2003) on the efforts and progress made by the multinational
force authorized under that resolution,

Recognizing the request of the incoming Interim Government of Iraq [as
conveyed XX] to retain the presence of the multinational force,

Recognizing also the importance of the consent of the sovereign government
of Iraq for the presence of the multinational force and of close
coordination between the multinational force and that government,

Welcoming the willingness of the multinational force to continue efforts to
contribute to the maintenance of security and stability in Iraq in support
of the political transition, especially for upcoming elections, and to
provide security for the UN presence in Iraq, as further described in the
letter to the President of the Security Council on XX XX 2004,

Noting the commitment of all forces promoting the maintenance of security
and stability in Iraq to act in accordance with international law and
cooperate with relevant international organizations,

Affirming the importance of international assistance in reconstruction and
development of the Iraqi economy,

Recognizing the benefits to Iraq of the immunities and privileges enjoyed by
the Iraqi oil revenues and by the Development Fund for Iraq, and noting the
importance of providing for continued disbursements of this fund by the
Interim Government of Iraq and its successors upon dissolution of the
Coalition Provisional Authority,

Determining that the situation in Iraq continues to constitute a threat to
international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Endorses the formation of a sovereign Interim Government of Iraq as
outlined XXX, that will assume responsibility and authority by 30 June 2004
for governing Iraq until a Transitional Government of Iraq assumes office as
envisaged in paragraph three below;

2. Welcomes that, also by that date, the occupation will end and the
Coalition Provisional Authority will cease to exist;

3. Endorses the proposed timetable for Iraq's political transition to
democratic government including:

(a) formation of a sovereign Interim Government of Iraq that will assume
governing responsibility and authority by 30 June 2004;

(b) convening of a national conference; and

½c) holding of direct democratic elections by 31 December 2004 if possible,
and in no case later than 31 January 2005, to a Transitional National
Assembly which will, inter alia, have responsibility for forming a
Transitional Government of Iraq and drafting a permanent constitution for
Iraq leading to a constitutionally elected government;

4. Calls on all Iraqis to implement these arrangement peaceably and in full,
and on all States and relevant organizations to support such implementation;

5. Decides that in implementing, as circumstances permit, its mandate to
assist the Iraqi people, the Special Representative of the Secretary General
and the United Nations Assistance Mission for Iraq (UNAMI), as requested by
the Interim Government of Iraq and its successors, shall:

(a) play a leading role to:

(i) assist in the convening, no later than XX XX 2004, of a national
conference to select a Consultative Council;

(ii) advise and support the Interim Government of Iraq and the Transitional
National Assembly on the process for holding elections;

(iii) promote national dialogue and consensus-building on the drafting of a
national constitution by the people of Iraq; and

(b) and also:

(i) advise the Interim Government of Iraq in the development of effective
civil and social services;

(ii) contribute to the coordination and delivery of reconstruction,
development, and humanitarian assistance;

(iii) promote the protection of human rights, national reconciliation, and
judicial and legal reform in order to strengthen the role of law in Iraq;
and

(iv) advise and assist the Interim Government of Iraq on initial planning
for the eventual conduct of a comprehensive census;

6. Welcomes efforts by the incoming Interim Government of Iraq to develop
Iraqi security forces, which will operate under the authority of the Interim
Government of Iraq and its successors, and which will progressively play a
greater role and ultimately assume responsibility for the maintenance of
security and stability in Iraq;

7. Noting that the presence of the multinational force in Iraq is at the
request of the incoming Interim Government of Iraq, reaffirms the
authorization for the multinational force under unified command established
under resolution 1511 (2003), having regard to the letter referred to in
preambular paragraph XX above;

8. Decides that the multinational force shall have the authority to take all
necessary measures to contribute to the maintenance of security and
stability in Iraq including by preventing and deterring terrorism, so that
inter alia the United Nations can fulfill its role in assisting the Iraqi
people as outlined in paragraph five above and the Iraqi people can
implement freely and without intimidation the timetable and program for the
political process and benefit from reconstruction and rehabilitation
activities;

9. Welcomes that arrangements are being put in place to establish a
partnership between the multinational force and the sovereign Interim
Government of Iraq and to ensure coordination between the two;

10. Decides further that this mandate for the multinational force shall be
reviewed at the request of the Transitional Government of Iraq or twelve
months from the date of this resolution, and that this mandate shall expire
upon the completion of the political process set out in paragraph three
above and declares its readiness to terminate this mandate earlier if
requested by the elected Transitional Government of Iraq;

11. Notes the creation of a distinct entity under unified command of the
multinational force with a dedicated mission to provide security for the UN
presence in Iraq, and requests Member States and relevant organizations to
provide resources to support that entity;

12. Recognizes that the multinational force will also assist in building the
capability of the Iraqi security forces and institutions, through a program
of recruitment, training, equipping, mentoring and monitoring;

13. Requests Member States and international and regional security
organizations to contribute assistance to the multinational force, including
military forces, to help meet the needs of the Iraqi people for security and
stability, humanitarian and reconstruction assistance, and to support the
efforts of UNAMI;

14. Emphasizes the importance of effective Iraqi police, border enforcement,
and Facilities Protection Service, under the control of the Interior
Ministry of Iraq and, in the case of the Facilities Protection Service,
other Iraqi ministries, for the maintenance of law, order, and security,
including combating terrorism, and requests Member States and international
organizations to assist the Interim Government of Iraq in building the
capability of these Iraqi institutions;

15. Condemns all acts of terrorism in Iraq, reaffirms the obligation of
Member States under resolutions 1373 (2001), 1267 (1999), 1333 (2000), 1390
(2002), 1455 (2003), and 1526 (2004) and other relevant international
obligations with respect, inter alia, to terrorist activities in Iraq or
against its citizens, and specifically reiterates its call upon Member
States to prevent the transit of terrorists to Iraq, arms for terrorists,
and financing that would support terrorists, and reemphasizes the importance
of strengthening the cooperation of the countries of the region,
particularly neighbors or Iraq, in this regard;

16. Welcomes efforts by Member States to support the Interim Government of
Iraq through the provision of technical and expert assistance;

17. Recognizes that the Interim Government of Iraq will assume Iraq's
national responsibility for coordinating international assistance to Iraq;

18. Decides that the prohibitions related to the sale or supply to Iraq of
arms and related materiel under previous resolutions shall not apply to arms
or related materiel required by the multinational force or the sovereign
government of Iraq to serve the purposes of this resolution, calls upon the
multinational force and the sovereign government of Iraq each to ensure
appropriate implementation procedures are in place, and stresses the
importance for all States, particularly Iraq's neighbors, to strictly abide
by them;

19. Reiterates its request that Member States, international financial
institutions and other organizations strengthen their efforts to assist the
people of Iraq in the reconstruction and development of the Iraqi economy,
including by providing international experts and necessary resources through
a coordinated program of donor assistance;

20. Notes that upon dissolution of the Coalition Provisional Authority the
funds in the Development Fund for Iraq shall be disbursed at the direction
of the Interim Government of Iraq and its successors, and decides that the
Development Fund for Iraq shall be utilized in a transparent manner and
through the Iraqi budget including to satisfy outstanding obligations
against the Development Fund for Iraq, that the arrangements for the
depositing of proceeds from export sales of petroleum, petroleum products,
and natural gas established in paragraph 20 of resolution 1483 (2003) shall
continue to apply, that the International Advisory and Monitoring Board
referred to in resolution 1483 (2003) shall continue its activities in
monitoring the Development Fund for Iraq and shall include as an additional
member of Iraq a duly qualified representative of the sovereign government
of Iraq, that the provisions above shall be reviewed at the request of the
Transitional Government of Iraq or twelve months from the date of this
resolution, and that appropriate arrangements shall be made for the
continuation of deposits of the proceeds referred to in paragraph 21 of
resolution 1483 (2003);

21. Decides that, in connection with the dissolution of the Coalition
Provisional Authority, the Interim Government of Iraq and its successors
shall assume the rights, responsibilities and obligations relating to the
Oil for Food Program that were transferred to the Authority pursuant to
Resolution 1483 (2003), including all operational responsibility for the
Program and any obligations undertaken by the Authority in connection with
such responsibility, and responsibility for ensuring independently
authenticated confirmation that goods have been delivered, and further
decides that, following a 120 day transition period from the date of
adoption of this resolution, the Interim Government of Iraq and its
successors shall assume responsibility for certifying delivery of goods
under contracts prioritized in accordance with that resolution, and that
such certification shall be deemed to constitute the independent
authentication required for the release of funds associated with such
contracts;

22. Further decides that the provisions of paragraph 22 of resolution 1483
(2003) shall continue to apply, except that the privileges and immunities
provided in that paragraph shall not apply with respect to any final
judgment arising out of a contractual obligation entered into by Iraq after
30 June 2004;

23. Welcomes the commitments of creditors, including those of the Paris
Club, to identify ways to reduce substantially Iraq's sovereign debt, calls
on the Member States, as well as international and regional organizations,
to support the Iraq reconstruction effort, urges the international financial
institutions and bilateral donors to take the immediate steps necessary to
provide their full range of loans and other financial assistance and
arrangements to Iraq, recognizes that the Interim Government of Iraq will
have the authority to conclude and implement such agreements and other
arrangements as may be necessary in this regard, and requests creditors,
institutions and donors to work as a priority on these matters with the
Interim Government of Iraq and its successors;

24. Recalls the continuing obligations of Member States to freeze and
transfer certain funds, assets and economic resources to the Development
Fund for Iraq in accordance with paragraphs 19 and 23 of resolution 1483
(2003);

25, Calls upon all Member States to take appropriate steps within their
respective legal systems to stay for a period of 12 months from 30 June 2004
all legal and other similar proceedings before their courts or other
tribunals involving claims by or against the State of Iraq, its Government,
or any of its agencies or instrumentalities, including its State-owned
enterprises or similar bodies;

26. Requests the Secretary-General to report to the Security Council within
three months from the date of this resolution on UNAMI operations in Iraq,
and on a quarterly basis thereafter on the progress made toward national
elections and fulfillment of all UNAMI's responsibilities;

27. Requests that the United States, on behalf of the multinational force,
continue to report to the Security Council on the efforts and progress of
this force as appropriate and not less than every six months;

28. Decides to remain actively seized of the matter.
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