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[casi] Original US - UK Draft SCR Circulated to P-5 (2 Oct 02 - Never Tabled)



I was told that this was the first major US/UK draft that the US/UK
circulated to other Permanent Security Council Members.  It was a discussion
draft and never formally tabled.

Nathaniel Hurd
Consultant, UN Iraq policy, Mennonite Central Committee UN Office

Source: US/UK, draft Security Council Resolution, 2 October 2002

[begin]

The Security Council,

PP1: Recalling all its previous relevant resolutions, in particular its
resolutions 661 (1990) of August 1990, 686 (1991) of 2 March 1991, 678
(1990) of 29 November 1990, 687 (1991) of 3 April 1991, 688 (1991) of 5
April 1991, 986 (1995) of 14 April 1995, and 1284 (1999) of 17 December
1999, and all the relevant statements of its President, and noting the
additional resolution [  ] issued by the Council as a companion hereto,

PP2: Recognizing the threat Iraq’s noncompliance with Security Council
resolutions and proliferation of weapons of mass destruction and long-range
missiles poses to international peace and security,

PP3: Recalling that its resolution 678 (1991) authorized member states to
use all necessary means to uphold and implement its resolution 660 (1990)
and all relevant resolutions subsequent to Resolution 660 and to restore
international peace and security in the area,

PP4: 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,

PP5: Deploring the fact that Iraq has never provided an accurate, full,
final, and complete disclosure, as required by resolution 687 (1991), of all
aspects of its programs to develop weapons of mass destruction and ballistic
missiles with a range greater than one hundred and fifty kilometers, and of
all holdings of such weapons, their component and production facilities and
locations, as well as all other nuclear programs, including any which it
claims are for purposes not related to nuclear-weapons-usable material,

PP6: Deploring further that Iraq repeatedly refused to allow access to sites
designated by the United Nations Special Commission (UNSCOM), refused to
cooperate fully and unconditionally with UNSCOM and International Atomic
Energy Agency (IAEA) weapons inspectors, as required by resolution 687
(1991), ultimately ceased all cooperation with UNSCOM and IAEA in 1998, and
for the last three years has failed to 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, as it was first obliged to
do pursuant to resolution 687 (1991), and as the Council has repeatedly
demanded that it do, and regretting the consequent prolonging of the crisis
in the region and the suffering of the Iraqi people,

PP7: 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,

PP8: 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,

PP9: 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,

PP10 : 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,

PP11: 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 Security Council resolutions,

PP12: Determined to secure full compliance with its decisions,

PP13: Acting under chapter VII of the Charter of the United Nations,

1. Decides that Iraq is still, and has been for a number of years, 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 that, in order to begin to comply with its disarmament
obligations, the government of Iraq shall provide to the Security Council
prior to the beginning of inspections and not later than 30 days from the
date of this resolution an acceptable and currently accurate, full and
complete declaration of all aspects of its programs to develop chemical,
biological and nuclear weapons, ballistic missiles, and unmanned aerial
vehicles, including all 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
programs, including any which it claims are for purposes not related to
weapon production or material ;

3. Decides that Iraq shall provide UNMOVIC and IAEA immediate,
unconditional, and unrestricted access to any and all 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 IAEA wish to interview
pursuant to any aspect of their mandates ; further decides that UNMOVIC and
the IAEA may at their discretion conduct interviews inside or outside Iraq,
may facilitate the travel of those interviewed and family members outside of
Iraq, and that such interviews shall occur without the presence of observers
from the Iraqi government, and instructs UNMOVIC and requests the IAEA to
resume inspections by [...] ;

4. To that end, demands that Iraq immediately comply with its obligations,
decides that Iraq shall submit to UNMOVIC all outstanding biannual
declarations, and decides that any permanent member of the Security Council
may recommand to UNMOVIC and IAEA sites to be inspected, persons to be
interviewed, the conditions of such interviews, and data to be collected and
receive a report on the results ;

5. Decides that, in view of the prolonged interruption by Iraq of the
presence of UNMOVIC and IAEA and in order for them to accomplish the tasks
set forth in paragraph 3 above, the Security Council hereby establishes the
following revised procedures, notwithstanding prior understandings, to
facilitate their work in Iraq : UNMOVIC and IAEA shall determine the
personnel on their inspections teams, except that any Permanent member of
the Security Council may request to be represented on any inspection team
with the same rights and protections accorded other members of the team ;
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 unrestricted access
to Presidential Sites notwithstanding the provisions of resolution 1154
(1998) ; shall be provided regional bases and operating bases throughout
Iraq, including offices for inspection teams in regions outside of Baghdad ;
shall have the right to the names of all personnel associated with Iraq's
chemical, biological, nuclear and ballistic missile programs and the
associated research, development and production facilities ; teams shall be
accompanied at their bases by sufficient U.N. security forces to protect
them ; shall have the right to declare for the purposes of this resolution
no-fly/no-drive zones, exclusion zones, and/or ground and air transit
corridors, [which shall be enforced by UN security forces or by member
states ;] shall have the free and unrestricted use and landing of fixed and
rotary winged aircraft, including unmanned reconnaissance vehicles ; 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 ; shall have the right to
unrestricted voice and data communications, including encrypted
communications ; 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, and shall have access to any
information that any member state is willing to provide. Further decides
that these procedures shall be binding on Iraq ;

6. Decides further that Iraq shall immediately cease, and shall not take or
threaten, hostile acts directed against any representative or personnel of
the United Nations or of any member state taking action pursuant to any
Security Council Resolution ;

7. Requests the Secretary General immediately to notify Iraq of the
foregoing steps in paragraph 5 and decides that whithin seven days following
such notification, Iraq shall state its acceptance of these steps and the
provisions of paragraph 2, 3, 4, and 6 above ;

8. Requests all Member States to give full support to UNMOVIC and the IAEA
in the discharge of their mandates, including by providing any information
on Iraqi attempts, including since 1998, to acquire prohibited items ;

9. Directs the Executive Director of UNMOVIC and the Director General of the
IAEA to report immediately to the Council any interference with or problems
with respect to the execution of their mission ;

10. Decides that false statements or omissions in the declaration submitted
by Iraq to the Council and failure by Iraq at any time to comply and
cooperate fully in accordance with the provisions laid in this resolution,
shall constitute a further material breach of Iraq's obligations, and that
such breach authorizes member states to use all necessary means to restore
international peace and security in the area ;

11. Decides to remain seized of the matter.

[end]

Nathaniel Hurd
90 7th Ave.
Apt. #6
Brooklyn, NY  11217
Tel. (M): 917-407-3389
Tel. (H): 718-857-7639
Fax: 718-504-4224




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