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[casi] French - German Proposed Amendments to US Draft




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Original US draft url: http://news.bbc.co.uk/2/hi/middle_east/3081052.stm[1] or
http://www.globalpolicy.org/security/issues/iraq/document/2003/0904usdraft.htm[2]



Amendments to the US draft

(France and Germany)



These franco-german proposals have been drafted in the spirit of constructive
cooperation with the sponsor of the working draft. It is aimed at achieving
our common objective of lasting stability and the political and economical
reconstruction of Iraq. In order to reach this goal in our view we have to
take a comprehensive new approach that focuses on Iraqi ownership and a
leading role for the UN and its SG in the political process.





Preambular paragraphs



-         new PP5bis : ''Stressing that the safety and security of
humanitarian personnel and United Nations and its personnel must be ensured in
full respect with the applicable rules and principles of international law, in
particular the Geneva conventions and the Hague regulation, and recalling in
that regard its resolution 1502 (2003)''.,



Rationale : self-explanatory. As stated very clearly by the SG, the safety of
UN personnel is a prerequisite for any further UN action in Iraq. We have to
lay the stress on this.



Operative paragraphs





-         OP3 : to be deleted after :  ''should play a vital role in Iraq'' .,



Rationale : in our view, the role of the UN should go beyong the one set out
in the existing resolutions. The same rationale applies to our proposal
concerning OP9 (see below).



-         OP4, 6, 7 : to be deleted and replaced by the following paragraphs :



 Decides to immediately initiate under the auspices of the UN a new process
leading expeditiously to the full restoration of Iraqi sovereignty, and to
that effect :



(a)    - Affirms that the administration of Iraq shall be exerted by the Iraqi
interim administration in all civilian areas, including control over its
natural resources and use of international assistance, and to that end calls
upon the authority to continue and accelerate the transfer to it of effective
and substantial authorities.,



Rationale : this paragraph establishes an objective (the Iraqis must govern
themselves), as well as the logical consequence of it (the continued transfer
of responsibilities to them, which we know cannot be achieved overnight  continue
and accelerate , but the process must be accelerated.



(b)    - Requests the Secretary General, in coordination with the Governing
Council, to report to the Security Council within () days of the adoption of
this resolution on the steps needed to expeditiously and orderly implement and
complete the above mentioned transfer of the civilian administration of Iraq
from the Authority to the Iraqi interim administration.



Rationale : the SG should help define the best way to quickly and orderly
implement this transfer, together with the Iraqis (the Governing council).



(c) - Requests also the Secretary General to assist the Governing Council in
the development of a timetable for the establishment of a fully representative
Iraqi government, including the drafting of a constitution and the holding of
democratic elections, to report on it to the Council within ( ) days of the
adoption of this resolution and to provide, in coordination with the
Authority, all appropriate assistance in the implementation of that
timetable.,



Rationale : we fully agree with the SGs proposal of a timetable. In our
views, if we want the process to be welcomed and supported by the Iraqis and
the countries of the region, the UN (through the SG) should play the key-role
(not the Authority) in assisting the Governing Council to develop the
timetable.



(d) - Requests the Secretary General to initiate under his auspices a regional
dialogue between the Iraqi interim administration, the neighboring states, the
Arab League and the organization of the Islamic conference.



Rationale : reinforce the  inclusiveness  and the acceptability of the
process, by consulting and coordinating with the countries of the region. Only
if this SC resolution and the ensuing political process is accepted in the
region, it can be implemented and lead to our overall goal of stability in
Iraq. The same rationale applies to our proposal for a new OP5 (see below).



(e) - Endorses in the meantime the Governing Council and the cabinet of
ministers as the trustee of Iraqi sovereignty until the processes leading to
an elected and fully representative government are completed.,



Rationale : this would be a strong symbolic and political signal adressed to
the Iraqi people, so as to enhance their ownership of the whole process. Of
course, this provision makes sense only if the Governing council is in
parallel being transfered substantial and concrete authorities. This should
not prejudge nor preempt the final outcome, but be understood as a provisional
measure pending the establishment of an elected, fully representative and
internationally recognized Iraqi government.



-         new OP5 : ''Invites countries in the region, particularly neighbors
of Iraq to facilitate the reconstruction and stabilization of Iraq as well as
its reintegration into the international community, including by preventing
the transit of terrorists to Iraq, arms for terrorists and financing that
would support terrorists.,''



-         OP9 : replace ''to continue its effort to have the United Nations
contribute to the improvement of the situation in Iraq in accordance with
resolution 1483'' by  ''to report quaterly to the Security Council on the
implementation of this resolution''.



-         OP 10 : delete the reference to resolution 1483 ., replace ''to
contribute to the maintenance of security and stability in Iraq'' by ''to
create the security and stability conditions with the view to the timely
implementation of the political timetable referred to in paragraph 6 of this
resolution''.,



Rationale : even if the link between the MNF and the political process is
already in the paragraph, we believe we should stress this very important
element.



-         OP 11 : to be deleted



Rationale : this paragraph paves the way or at least opens the possibility-
for two separate forces, the first one composed of the existing Coalition
troops, and the second one composed only of troops from new contributing
countries (and assigned with specific tasks). For efficiency reasons, and
because the situation on the ground requires responsibility for security be
clarified and not blurred, we strongly favor a single force under unified
command.



-         OP13, 14 et 15 : subject to a new OP 12bis that would read as
follows :



''Underlines that full transparency and effective international participation
and oversight over all funds established for the purpose of the economic
reconstruction of Iraq, in particular the Development Fund for Iraq (DFI) are
prerequisites for substantial contributions by member states, and in this
context emphasizes that the International Advisory and Monitoring Board (IAMB)
referred to in paragraph 12 of resolution 1483 (2003) shall be established as
a priority, and that the IAMB shall monitor the use of the DFI in accordance
with paragraph 14 of resolution 1483 (2003), advise the Iraqi interim
administration on the use of international assistance and report to the
Council at regular intervals.



Rationale : we believe that full transparency is a condition for additional
and substantial international financial assistance. Without it, it is very
unlikely that potential donors will be ready to significantly contribute to
the reconstruction of Iraq.



-         OP 16 : to be deleted and replaces by : ''Reminds all member states
of their obligations under paragraphs 19 and 23 of resolution 1483 (2003)''.



Rationale : As you will remember, some delegations, including ours, had very
serious difficulties with the initial wording of 1483 on this matter.
Therefore on this point, we have to stick the the language of res. 1483.



Nathaniel Hurd

Consultant on Iraq policy
Tel. (Mobile): 917-407-3389
Fax: 718-504-4224
E-mail: nathaniel_hurd@hotmail.com
777 1st Avenue
Suite 7A
New York, NY 10017

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===References:===
  1. http://news.bbc.co.uk/2/hi/middle_east/3081052.stm
  2. http://www.globalpolicy.org/security/issues/iraq/document/2003/0904usdraft.htm
  3. http://g.msn.com/8HMFENUS/2734??PS=

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