The following is an archived copy of a message sent to a Discussion List run by the Campaign Against Sanctions on Iraq.
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The text, proposed jointly by the UK and US, is dated 5 November 2002. It
will go onto the CASI website later today, at www.casi.org.uk
-----------------
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
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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/ /s/
Hans Blix Mohamed ElBaradei
Executive Chairman Director General
United Nations Monitoring, International Atomic Energy Agency
Verification and Inspection Commission
_______________________________________________
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