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[casi] latest UN resolution draft




Below is the text of the latest US draft security council resolution. It's
from http://news.xinhuanet.com/english/2003-10/14/content_1121322.htm,
which is a Chinese (state-run) news agency. Earlier drafts, etc, are linked
to from www.casi.org.uk/info/scriraq.html

There are a few serious changes this time round. Adding up all the
amendments made, it looks like France and Germany have got their way on
quite a few issues.

 * new OP23: "Emphasizes that the International Advisory and Monitoring
Board (IAMB) referred to in paragraph 12 of resolution 1493 (2003)should be
established as a priority, and reiterates that the Development Funds for
Iraq shall be used in a transparent manner as set out in paragraph 14 of
resolution 1483 (2003);"

This is something the French were very keen on, and important in persuading
governments to donate money. The US have been dragging their feet on it:
they drafted an order to create an IAMB in June
(http://www.casi.org.uk/info/cpa/iamb030611.pdf), but it was never agreed
or implemented. "resolution 1493" is a typo; it should be 1483.

 * Deadline for timetable of constitutional reform (15 December) - OP 7

 * stronger wording on the role of the Governing Council (OP4): "Resolves
that the Governing Council and its ministers are the principal bodies of
the Iraqi interim administration, which will embody the sovereignty of the
State of Iraq during transitional period until an internationally
recognized, representative government is established and assumes the
responsibilities of the Authority;"

 * role of the multinational force will be reviewed at least annually
(previously it only had to be reviewed "when an internationally recognised,
representative government is established by the people of Iraq and assumes
the responsibilities of the Authority")

 * support for a governing council-run constitutional conference as "a
milestone in the full exercise of sovereignty"

 * UN role is no longer "as set out in relevant paragraphs of resolutions
1483 (2003) and 1500 (2003)". France and Germany considered this too
limiting.

 * rewording of OP 24 on asset freezing. Earlier drafts tacked on wording
which France wobjected to, on the grounds that it went beyond the demands
in SCR 1483, which had been heavily debated at the time.

 * reordering of most of the paragraphs. The para which 'underscores...the
temporary nature' of CPA authority is now the first one, and paras
condemning terrorism in Iraq have been moved further back. Some minor
changes of phrasing, and references to the death of Akila al-Hashimi

 * UN civilian involvement is now "as circumstances permit" in OP 7 and 11
(i.e. if security is too bad they can leave without getting permission)


**********

The Security Council,

  Reaffirming its previous resolutions on Iraq, including resolution 1483
(2003) of 22 May 2003 and 1500 (2003) of 14 August2003, and on threats to
peace and security caused by terrorist acts, including resolution 1373
(2001) of 28 September 2001, and other relevant resolutions,

  Underscoring that the sovereignty of Iraq resides in the state of Iraq,
reaffirming the right of the Iraqi people freely to determine their own
political future and control their own naturalresources, reiterating its
resolve that the day when Iraqis governthemselves must come quickly, and
recognizing the importance of international support, particularly that of
countries in the region, Iraq's neighbors, and regional organizations, in
taking forward this process expeditiously,

  Recognizing that international support for restoration of conditions 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),

  Welcoming the decision of the Governing Council of Iraq to forma
preparatory constitutional committee to prepare for a constitutional
conference that will draft a constitution to embodythe aspirations of the
Iraqi people, and urging it to complete this process quickly,

  Affirming that the terrorist bombings of the Embassy of Jordan on 7
August 2003, of the United Nations headquarters in Baghdad on19 August
2003, and of the Imam Ali Mosque in Najaf on 29 August 2003, are attacks on
the people of Iraq, the United Nations, and the international community,
and deploring the assassination of Dr.Akila al-Hashimi, who died on 25
September 2003, as an attack directed against the future of Iraq,

  In that context, recalling and reaffirming the Statement of itsPresident
of 20 August 2003 (S/PRST/2003/13) and resolution 1502 (2003) of 26 August
2003,

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

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

  1. Reaffirms the sovereignty and territorial integrity of Iraq,and
underscores, in that context, the temporary nature of the exercise by the
Coalition Provisional Authority (Authority) of thespecific
responsibilities, authorities, and obligations under applicable
international law recognized and set forth in resolution 1483 (2003), until
an internationally recognized, representative government is established by
the people of Iraq andassumes the responsibilities of the Authority;

  2. Welcomes the positive response of the international community, in
forums such as the Arab League, the Organization of the Islamic Conference,
the United Nations General Assembly, and the United Nations Educational,
Scientific and Cultural Organization, to the establishment of the broadly
representative Governing Council as an important step towards an
internationally recognized, representative government;

  3. Supports the Governing Council's efforts to mobilize the people of
Iraq, including by the appointment of a cabinet of ministers and a
preparatory constitutional committee to lead a process in which the Iraqi
people will progressively take control of their own affairs;

  4. Resolves that the Governing Council and its ministers are the
principal bodies of the Iraqi interim administration, which will embody the
sovereignty of the State of Iraq during transitional period until an
internationally recognized, representative government is established and
assumes the responsibilities of the Authority;

  5. Affirms that the administration of Iraq will be progressively
undertaken by the evolving structures of the Iraqi interim administration;

  6. Calls upon the Authority to return governing responsibilities and
authorities to the people of Iraq as soon as practicable;

  7. Invites the Governing Council to provide to the Security Council, no
later than 15 December 2003, in cooperation with the Authority and, as
circumstances permit, the Special Representativeof the Secretary-General, a
timetable and a program for the drafting of a new constitution for Iraq and
for the holding of democratic elections under that constitution.

8. Resolves that the United Nations, acting through the Secretary-General,
his Special Representative, and the United Nations Assistance Mission in
Iraq, should strengthen its vital role in Iraq, including by providing
humanitarian relief, promoting the economic reconstruction of and
conditions for sustainable development in Iraq, and advancing efforts to
restore and establish national and local institutions for representative
government;

  9. Requests that, as circumstances permit, the Secretary-General pursue
the course of action outlined in paragraphs 98 and 99 of the Report of the
Secretary-General of 17 July 2003 (S/2003/715);

  10. Takes note of the intention of the Governing Council to hole a
constitutional conference and recognizing that the convening of the
conference will be a milestone in the movement tothe full exercise of
sovereignty, requests the Special Representative of the Secretary-General,
at the time of the convening of the conference, and as circumstances
permit, to lend the unique expertise of the United Nations to the Iraqi
people in this process of political transition, including the establishment
of electoral processes;

  11. Requests the Secretary-General to ensure that the resourcesof the
United Nations and associated organizations are available, if requested by
the Iraqi Governing Council and, as circumstances permit, to assist in
furtherance of the program provided by the Governing Council in paragraph
seven above, and encourages other organizations with expertise in this area
to support the Iraqi Governing Council, if requested;

  12. Requests the Secretary-General to report to the Security Council on
his responsibilities under this resolution and the development and
implementation of a timetable and program under paragraph seven above;

  13. Determines that the provision of security and stability is essential
to the successful completion of the political process asoutlined in
paragraph seven above and to the ability of the UnitedNations to contribute
effectively to that process and the implementation of resolution 1483
(2003), and authorizes a multinational force under unified command to take
all necessary measures to contribute to the maintenance of security and
stability in Iraq, including for the purpose of ensuring
necessaryconditions for the implementation of the timetable and program as
well as to contribute to the security of the United Nations Assistance
Mission for Iraq, the Governing Council of Iraq and other institutions of
the Iraqi interim administration, and key humanitarian and economic
infrastructure;

  14. Urges Member States to contribute assistance under this United
Nations mandate, including military forces, to the multinational force
referred to in paragraph thirteen above;

  15. Decides that the Council shall review the requirements and mission of
the multinational forces referred to in paragraph thirteen above not later
than one year from the date of this resolution;

  16. Emphasizes the importance of establishing effective Iraqi police and
security forces in maintaining law, order, and securityand combating
terrorism consistent with paragraph four of resolution 1483 (2003), and
calls upon Member States and international and regional organizations to
contribute to the training and equipping of Iraqi police and security
forces;

  17. Expresses deep sympathy and condolences for the personal losses
suffered by the Iraqi people and by the United Nations and the families of
those United Nations personnel and other innocent victims who were killed
or injured in these tragic attacks;

  18. Unequivocally condemns the terrorist bombings of the Embassy of
Jordan on 7 August 2003, of the United Nations headquarters in Baghdad on
19 August 2003, and of the Imam Ali Mosque in Najaf on 29 August 2003, and
the assassination of Dr. Akila al-Hashimi, who died on 25 September 2003,
and emphasizes that those responsible must be brought to justice;

  19. Calls upon Member States to prevent the transit of terrorists to
Iraq, arms for terrorists, and financing that would support terrorists, and
emphasizes the importance of strengtheningthe cooperation of the countries
of the region, particularly neighbors of Iraq, in this regard;

  20. Appeals to Member States and the international financial institutions
to strengthen their efforts to assist the people of Iraq in the
reconstruction and development of their economy, and urges those
institutions to take immediate steps to provide their full range of loans
and other financial assistance to Iraq, working with the Governing Council
and appropriate Iraqi ministries;

  21. Urges Member States and international and regional organizations to
support the Iraq reconstruction effort initiated at the 24 June 2003 United
Nations Technical Consultations, including through substantial pledges at
the 23-24 October 2003 International Donors Conference in Madrid;

  22. Calls upon Member States and concerned organizations to help meet the
needs of the Iraqi people by providing resources necessary for the
rehabilitation and reconstruction of Iraq's economic infrastructure;

  23. Emphasizes that the International Advisory and Monitoring Board
(IAMB) referred to in paragraph 12 of resolution 1493 (2003)should be
established as a priority, and reiterates that the Development Funds for
Iraq shall be used in a transparent manner as set out in paragraph 14 of
resolution 1483 (2003);

  24. Reminds all Member States of their obligations under paragraphs 19
and 23 of resolution 1483 (2003), in particular the obligation to
immediately cause the transfer of funds, other financial assets and
economic resources to the Development Fund for Iraq for the benefit of the
Iraqi people;

  25. Requests that the United States, on behalf of the multinational force
as outlined in paragraph thirteen above, report to the Security Council on
the efforts and progress of thisforce as appropriate and not less than
every six months;

  22. Decides to remain seized of the matter.

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