Annex A
UK humanitarian paper on Iraq.
UK/Netherlands draft UN resolution on humanitarian
situation in Iraq, as tabled on 21 June 1999.
UK HUMANITARIAN PAPER
INTRODUCTION
Since the "oil for food" programme
began in late 1996 it has undeniably made a positive impact on
the humanitarian situation in Iraq and helped to stem further
deterioration of the Iraqi civilian infrastructure. Most of the
credit for the achievements of the programme must go to the Office
of the Iraq Programme which has endeavoured to make the programme
a success despite the size and complexity of the programme and
the many difficulties it has encountered in implementing it.
However, for a variety of reasons, in particular
the reluctance of the government of Iraq to engage constructively
in the programme, the fall in world oil prices and the state of
Iraq's oil infrastructure, it is clear that the programme is not
able to do all that was envisaged. The needs of the Iraqi people
are not being fully met. There is a growing sense of urgency for
measures to be taken to address this situation. We have noted
the request by the Secretary General in his report of 22 February
on the current phase of "oil for food" for a wider range
of complementary assistance from the international community.
The deliberations of the humanitarian panel
offer a timely opportunity to re-assess the humanitarian situation
in Iraq; take a critical look at the UN humanitarian programme
and identify ways it can be improved; and identify other sources
of cash to either supplement the UN programme or fund projects
to complement it.
This paper sets out a number of suggestions.
There are no simple solutions but we hope our paper will at least
help take forward the search for new ideas. We are of course prepared
to discuss further or provide more information on any of these
suggestions, if requested. Consultation with others with greater
relevant expertise will in some cases also be necessary.
In seeking to improve the situation in Iraq,
the attitude of the Iraqi government will be crucial. We hope
that in order to prevent further deterioration in the humanitarian
situation, it will respond constructively to efforts to make improvements,
including the work of the humanitarian panel. We hope those who
have contacts with the Iraqi government, including the UN Secretary
General, members of the Security Council and governments in the
Arab and Islamic worlds, will use what influence they have with
the Iraqi authorities to persuade them to respond in the best
interests of the Iraqi people.
1. SUGGESTIONS
FOR BRINGING
MORE CASH
INTO THE
PROGRAMME
— bring illegal oil exports within
the programme, including by regulating Iraq's oil trade with Turkey.
— consider reducing for a fixed and
limited period the amount of revenue allocated to the Compensation
Commission. Claims from individuals would be given priority whereas
Governments and institutions would agree to the deferral of payments
for their own claims.
— UN to work with NGOs, donor governments
and international organisations to identify areas where they can
complement and supplement the UN programme. In parallel to the
proposals outlined in this paper, we have encouraged the European
Union to step up its humanitarian programmes in Iraq.
2. SUGGESTIONS
FOR IMPROVING
THE "OIL
FOR FOOD"
PROGRAMME
(i) To help improve understanding of the
problems in Iraq and identify how best to address them:
— establish an "Iraq task force",
under UN auspices, with personnel who have specialist expertise
relevant to the various sectors of the "oil for food"
programme eg oil production, electricity, agriculture and nutrition,
to advise and assist OIP. Experts would be provided and funded
by member states; international experts drawn from the task force
might visit Iraq and make an in-depth assessment of the situation
and the needs of Iraq. They could draw on the expertise of international
financial institutions, in particular the World Bank.
— encourage greater contacts between
Iraqi professionals and those from the developed world to help
bring Iraqis up to date with developments in their fields of expertise
and help them better address problem areas. Provision of information
materials would also be required.
— redefine the layout and scope of
UN reports; utilise them to make a frank assessment of the shortcomings
of the programme and identify ways to address them and identify
where improvements have been made using measurable and comparable
criteria.
(ii) To ensure that the programme is better
able to meet the needs identified:
— make adjustments to the programme
so that it is better prioritised towards the immediate needs of
the Iraqi people; targeted towards the most needy, including vulnerable
groups; and project-oriented with an on-going distribution plan.
These were among the recommendations put forward by the Secretary
General in his report of 1 February 1998 and are enshrined in
SCR 1153. Unfortunately, to date, they have not been implemented.
— redefine the roles and responsibilities
of the UN and the government of Iraq, if necessary by renegotiating
the 1996 Memorandum of Understanding.
(iii) To ensure that nutrition and health
needs are met, as far as possible, in full;
— allow OIP, with the assistance of
experts in health and nutrition (possibly members of the OIP "task
force") to set the allocations for food and medicine, determine
the calorific value and make-up of the food basket, and determine
the distribution plan for foods and medicines, medical supplies
and medical equipment.
— if the above is not acceptable/practical
for the whole of Iraq, it should at least be considered for the
north where health and nutritional problems differ from those
in the centre and south.
(iv) to ensure maximum value for money from
the programme:
— where possible, allow 986 money to
be used to purchase locally produced goods at competitive prices,
in particular agricultural produce, rather than importing from
abroad.
— allow the payment of local costs
from 986 revenue so that rehabilitation projects can be seen through
to their completion.
In both cases, it would be necessary to ensure
that such payments were consistent with Security Council resolutions.
— in cases where the Iraqis do not
have the expertise or capacity to install and deploy equipment,
allow these tasks to be carried out by UN agencies with contributions
of material and labour from Iraq. Some training needs could be
met through NGOs.
— greater consultation on the distribution
plan between the government of Iraq, the Kurdish authorities and
the implementing UN agencies in the northern governorates so that
needs in the north are more effectively addressed. The present
arrangement whereby the GOI orders and delivers food and medicine
results in delays of up to one year in the arrival of goods in
the north. A solution would also help to address the problem of
delays in reimbursing the 53 per cent account from the 13 per
cent account.
— focus Iraq's oil exports on crude
oil only. This would offer far greater value for money from the
oil spares allocation by reducing the amount of revenue used to
fund the refurbishment of Iraq's oil refineries. Since the vast
majority of Iraq's refined products are exported illegally (there
is no viable legal market for them) restricting exports to crude
would ensure that investment in spare parts supports legal oil
exports only. Spares for refineries would be limited to those
required to keep the refineries running to meet domestic demand
and ensure health and safety. This would also make monitoring
easier and less expensive (only two outlets).
(v) To speed up the approval process in the
661 Committee and the arrival and distribution of goods in Iraq:
— in central and southern Iraq, allow
the UN to take over from the GOI the distribution and medicines/medical
supplies/medical equipment; and allow OIP or other UN agencies,
NGOs or organisations such as the Red Crescent to assist in the
distribution of food;
— delegate authority to approve food
and basic medical contracts from the Sanctions Committee to the
Secretariat;
— delegate authority to approve oil
spares contracts from the Sanctions Committee to a more expert
body possibly made up of oil industry experts and representatives
of the Sanctions Committee and the Secretariat; and
— write a time limit into 986 contracts
to ensure timely delivery by suppliers: if goods are not delivered
within a certain time the contract becomes void. This is another
measure which would help speed up reimbursement from the 13 per
cent account to the 53 per cent account. It would also encourage
and facilitate more timely delivery of goods by suppliers.
UK DRAFT RESOLUTION
Text begins
PPA. Recalling all its previous relevant
resolutions, including its resolutions 661 (1990) of 6 August
1990, 678 (1990) of 29 November 1990, 687 (1991) of 3 April 1991,
707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986
(1995) of 14 April 1995, 1051 (1996) of 27 March 1996 and 1153
(1998) of 20 February 1998.
PPB. Recalling the establishment of the
Special Commission in pursuance of paragraph 9(b) of resolution
687(1991), and expressing its appreciation to the Special Commission
and the International Atomic Energy Agency (IAEA) for the work
they have done over the years pursuant to section C of that resolution.
PPC. Recalling also the approval by the
Council in its resolution 699(1991) of 17 June 1991 of the plan
submitted by the Secretary-General in pursuance of paragraph 9(b)
of resolution 687 (1991).
PPD. Recalling the approval by the Council
in its resolution 715 (1991) of the plans for future ongoing monitoring
and verification submitted by the Secretary-General and the Director
General of the IAEA in pursuance of paragraphs 10 and 13 of resolution
687 (1991).
PPE. Acknowledging the progress made by
Iraq towards compliance with the provisions of resolution 687
(1991), but noting that as a result of the policies and practices
of the Government of Iraq, including its failure to implement
all relevant Council resolutions, the conditions do not exist
which would enable the Council to take a decision pursuant to
resolution 687(1991) to lift the prohibitions referred to in that
resolution.
PPF. Determined to improve the humanitarian
situation of the Iraqi people.
PPG. Recalling with concern that the repatriation
and return of all Kuwaitis and third country nationals or their
remains, present in Iraq on or after 2 August 1990, pursuant to
paragraph 2(c) of resolution 686 (1991) of 2 March 1991 and paragraph
30 of resolution 687(1991), have not yet been fully carried out
by Iraq.
PPH. Recalling that in its resolution 686
(1991) and 687 (1991) the Council demanded that Iraq return in
the shortest possible time all Kuwaiti property it has seized,
and noting with regret that Iraq has still not fully complied
with this demand,
PPI. Reaffirming the commitment of all Member
States to the sovereignty, territorial integrity and political
independence of Kuwait and Iraq,
PPJ. Acting under Chapter VII of the Charter
of the United Nations,
OP1. Welcomes the reports of the three panels
established to review disarmament and current and future ongoing
monitoring and verification issues, humanitarian issues, and missing
Kuwaiti and third country nationals and Kuwaiti property, submitted
by the Chairman of the panels to the President of the Security
Council (S/1999/356), and expresses its appreciation to the Chairman
and to the members of the panels;
OP2. Decides to establish as a subsidiary
body of the Council the United Nations Commission on Inspection
and Monitoring (UNCIM) to replace the Special Commission, further
decides that UNCIM shall take over all assets. liabilities, staff
and archives of the Special Commission, and requests the Commissioners
for the Special Commission to continue their responsibilities
until UNCIM begins its work and its Comissioners are appointed;
OP3. Also decides that UNCIM will undertake
the responsibilities mandated to the Special Commission by the
Council with regard to the verification of compliance by Iraq
with its obligations under paragraphs 8, 9 and 10 of resolution
687 (1991) and other related resolutions, and that UNCIM will
undertake, on the basis of the report of the panel on disarmament
and current and future ongoing monitoring and verification issues,
a reinforced system of ongoing monitoring and verification which
will implement fullly the plan approved by the Council in resolution
715 (1991) and address unresolved disarmament issues by inspections
and investigations of relevant past activites;
OP4. Decides further that UNCIM, within
90 days of the resumption of its work in Iraq, will prepare a
list of key remaining tasks to be undertaken by Iraq in compliance
with its disarmament obligations under paragraphs 8, 9 and 10
of resolution 687 (1991) and subsequent relevant resolutions;
OP5. Reaffirms its resolution 687 (1991),
699 (1991), 707 (1991), 715 (1991), 1051 (1996) and all other
relevant resolutions and statements of its President, which constitute
the governing standard of Iraqi compliance, affirms that the obligations
of Iraq referred to in those resolutions and statements with regard
to co-operation with the Special Commission, unrestricted access
and provision of information will apply in respect of UNCIM, and
decides in particular that Iraq shall allow UNCIM inspection teams
immediate, unconditional and unrestricted access to any and all
areas, facilities, equipment, records and means of transportation
which they wish to inspect in accordance with the mandate of UNCIM,
as well as to all officials and other persons under the authority
of the Iraqi Government whom UNCIM wishes to interview so that
UNCIM may fully discharge its mandate;
OP6. Reaffirms the provisions of the relevant
resolutions with regard to the role of the IAEA in addressing
compliance by Iraq with its remaining obligations under paragraphs
12 and 13 of resolution 687 (1991) and other related resolutions,
and requests the Director-General of the IAEA to maintain this
role with the assistance and co-operation of UNCIM;
OP7. Requests the Secretary-General to appoint
an Executive Chairman of UNCIM, who will take up his mandated
tasks as soon as possible after 1 July 1999 and, in consultation
with the Executive Chairman, to appoint suitably qualified Commissioners
for UNCIM;
OP8. Decides that the Government of Iraq
shall be liable for the full costs of UNCIM;
OP9. Requests Member States to give full
co-operation to UNCIM in the discharge of its mandate;
OP10. Affirms that the Executive Chairman,
the Commissioners and the personnel serving with UNCIM shall enjoy
the rights, privileges and immunities provided for the Special
Commission pursuant to the relevant resolutions;
OP11. Requests the Executive Chairman of
UNCIM, whithin 45 days of appointment, and in consultation with
the Secretary-General, to submit to the Council for its approval
an organisational plan for UNCIM incorporating, as appropriate,
the recommendations of the panel on disarmament and ongoing monitoring
and verification, and including plans for the efffective management
of the new organisation and the recruitment and training of professional
and independent experts;
OP12. Request UNCIM and the Director-General
of the IAEA to establish a unit which will have the responsibilities
of the joint unit constituted by the Special Commission and the
Director-General of the IAEA under paragraph 16 of the export/import
mechanism approved by resolution 1051(1996), and further requests
UNCIM, after consultation with the Director-General of the IAEA,
to resume the revision and updating of the lists of items and
technology to which the mechanism applied;
OP13. Requests the Executive Chairman of
UNCIM to report to the Council, following consultation with the
Commissioners, every six months on the work of UNCIM;
OP14. Reiterates the obligation of Iraq,
in furtherance of its commitment to facilitate the repatriation
of all Kuwaiti and third party nationals referred to in paragraph
30 of resolution 687(1991), to extend all necessary cooperation
to the International Committee of the Red Cross, and calls upon
the Government of Iraq to resume cooperation with the Tripartite
Commission and Technical Sub-Committee established to facilitate
work on this issue;
OP15. Requests the Secretary-General to
report to the Council every four months on compliance by Iraq
with its obligations regarding the repatriation or return of all
Kuwaitis and third country nationals or their remains, to report
every six months on the return of all Kuwaiti property, including
archives, seized by Iraq, and to appoint a high-level coordinator
for these issues;
OP16. Authorises States, notwithstanding
the provisions of paragraphs 3(a), 3(b) and 4 of resolution 661(1990)
and subsequent relevant resolutions, to permit the import of petroleum
and petroleum products originating in Iraq, including financial
and other essential transactions directly relating thereto, for
the purposes and on the conditions set out in paragraphs 1(a)
and (b) and subsequent provisions of resolution 986(1995) and
other related resolutions;
OP17. Decides to permit in addition to the
outlets for export specified in paragraph 6 of resolution 986
(1995), the transport by road to Turkey of not more than 500,000
tons per 180 days of petroleum, and not more than 1,250,000 tons
per 180 days of petroleum products, exported from Iraq, under
the arrangements set out in resolution 986 (1995) and related
resolutions, subject to the following modifications to those arrangements:
(a) the full amount of each purchase of Iraqi
petroleum and petroleum products shall be paid directly by the
purchasers in Turkey into the escrow account to be established
by the Secretary-General for the purpose of this paragraph;
(b) exports made in accordance with this
paragraph shall be subject to arrangements for monitoring to be
approved by the Committee established by resolution 661 (1990);
(c) the pricing mechanism for the purchase
of Iraqi petroleum and petroleum products exported to Turkey by
road shall be determined by the Governments of Turkey and Iraq,
and notified to the Committee established by resolution 661 (1990)
in accordance with the amended procedures developed pursuant to
paragraph 22 below.
OP18. Requests the Secretary-General, in
consultation with the Government of Turkey, to establish an escrow
account for the purpose of paragraph 17 above, to appoint independent
inspection agents and certified public accountants to audit it
and to keep the Government of Iraq fully informed;
OP19. Decides that the funds in the escrow
account shall be used in the following manner:
(a) to purchase in Turkey goods for the purposes
set out in paragraph 8(a) and (b) of resolution 986 (1995) for
the provision of humanitarian goods in the whole of Iraq;
(b) to meet the costs to the United Nations
of the independent inspection agents and the certified public
accountants referred to above;
OP20. Affirms that the escrow account established
under paragraph 17 above enjoys the privileges and immunities
of the United Nations;
OP21. Underlines its readiness to consider
further action, including permitting the use of additional export
outlets under appropriate conditions, to ensure that all exports
of petroleum and petroleum products from Iraq are consistent with
the provisions of Council resolutions;
OP22. Directs the Committee established
by resolution 661 (1990), in close coordination with the Secretary-General,
to amend the procedures for implementation of resolutions 986
(1995) and related resolutions as necessary to implement the arrangements
authorised in paragraphs 17 and 18 above;
OP23. Directs the Committee established
by resolution 661 (1990) to delegate to the Secretary-General
responsibility with regard to receipt of notifications for and
approval of supplies of medicine, health supplies, foodstuffs
and educational material under the arrangements set out in resolution
986 (1995), except for items subject to the provisions of resolution
1051 (1996), and requests the Secretary-General to inform the
Committee in a timely manner of all such notifications received
and approvals made;
OP24. Decides that from the date of adoption
of this resolution until 31 December 1999 one-third of the funds
which would otherwise be transferred to the Compensation Fund
from the escrow account established by resolution 986 (1995) shall
be loaned, on a fully reimbursable basis, to that escrow account
for the purposes set out in paragraph 8(a) and 8(b) of resolution
986 91995);
OP25. Decides to suspend until 31 December
1999 the implementation of paragraph 8(g) of resolution 986 (1995);
OP26. Requests the Secretary-General to
submit to the Council within 30 days an action plan to enable
the United Nations to ensure, if necessary by taking a greater
role itself, that the sums available under the arrangements set
out in resolution 986 (1995) and related resolutions are expended
so as to maximise the humanitarian benefit to the Iraqi population
in all areas of the country by meeting on a priority basis the
humanitarian needs in the food, nutrition and health sectors,
and by the equitable and timely distribution of humanitarian goods,
in particular medicines and health supplies, and to bring to the
attention of the Council any circumstances preventing or impeding
effective and equitable distribution;
OP28. Requests the Secretary-General to
submit to the Council for approval a plan for arrangements to
allow the funds deposited in the escrow account established by
resolution 986 (1995) to be used for the purchase of locally produced
goods and to meet the local costs for essential civilian needs
which have been funded in accordance with the provisions of resolution
986 (1995) and related resolutions, including, where appropriate,
the costs of installation and training services;
OP29. Encourages Member States and international
organisations to provide supplementary humanitarian assistance
to the Iraqi population, and requests them to provide to the Secretary-General
details of bilateral and multilateral humanitarian assistance,
in accordance with procedures of the Committee established by
resolution 661 (1990);
OP30. Requests the Secretary General to
establish a panel of specialists, including representatives of
other international humanitarian organisations, to advise and
assist him, in particular in the implementation of resolutions
986 (1995) and related resolutions, in order to formulate projects
which will meet the immediate needs of the Iraqi people more effectively;
OP31. Calls upon the government of Iraq:
(a) to address effectively the needs of vulnerable
groups, including allowing freer access by United Nations agencies
and non-governmental organisations to vulnerable groups for evaluation
of their nutritional and humanitarian needs;
(b) to ensure that internally displaced persons
receive humanitarian assistance without the need to demonstrate
that they have resided for six months in their places of temporary
residence;
(c) to take all steps, within its powers,
to ensure the timely and equitable distribution of all humanitarian
goods, and to remove and avoid delays at its warehouses;
(d) to prioritise applications for humanitarian
goods under the arrangements set out in resolutions 986 (1995)
and related resolutions; and
(e) to extend full cooperation to the United
Nations Office for Project Services mine-clearance programme in
the North of Iraq and to consider the initiation of de-mining
efforts in other areas of the country;
OP32. Decides that Hajj pilgrimage flights
which do not transport cargo into or out of Iraq are exempt from
the provisions of paragraph 3 of resolution 661 (1990) and resolution
670 (1990), subject to timely notification of each flight being
made to the Committee established by resolution 661 (1990), and
reiterates its direction to the Committee established by resolution
661 (1990) to authorise, on the basis of specific requests, reasonable
expenses related to the Hajj prilgrimage, to be met by funds in
the escrow account established for the purposes of resolution
986 (1995);
OP33. Directs the Committee established
by resolution 661 (1990) to take a decision on all applications
in respect of humanitarian and essential civilian needs within
a target of two working days of receipt of these applications
from the Secretary-General, and to ensure that all approval and
notification letters issued by the Committe stipulate delivery
within a specified time according to the nature of the items to
be supplied, and requests the Secretary-General to notify the
Committee of all applications for humanitarian items which are
included in the list to which the export/import mechanism applies;
OP34. Requests the Secretary-General to
report to the Council on the implementation of paragraphs 16 to
33 of this resolution within 30 days of the adoption of this resolution;
OP35. Requests the Secretary-General to
establish a group of experts, including oil industry experts,
to report on Iraq's existing petroleum production and export capacity
and to make recommendations on alternatives for increasing Iraqi
petroleum production and export capacity in a manner consistent
with the purposes of relevant resolutions, including on the options
for involving foreign oil companies in Iraq's oil sector, subject
to appropriate monitoring and controls;
OP36. Expresses its intention, when Iraq
has confirmed its intention to comply with this resolution, to
resume the reviews provided for in paragraphs 21 and 28 of resolution
687 (1991), and also expresses its intention to take measures,
based on the report and recommendations requested in paragraph
35 above, and consistent with the purposes of its previous relevant
resolutions, to increase Iraq's petroleum production and export
capacity, upon receipt of a report from the Executive Chairman
of UNCIM that Iraq has demonstrated full cooperation with UNCIM
for a period of 120 days from the date on which the Executive
Chairman confirms that the reinforced system of ongoing monitoring
and verification is fully operational, and upon receipt of a report
from the Director-General of the IAEA that Iraq has fully cooperated
with the IAEA for the same period.
OP37. Further expresses its intention, upon
receipt of reports from the Executive Chairman of UNCIM and the
Director-General of the IAEA that Iraq has demonstrated full cooperation
with UNCIM and the IAEA for an additional period of 120 days,
and has completed the tasks referred to in paragraph 4 above,
to suspend, for a period of 120 days, renewable by the Council
the remaining prohibitions against the import of commodities and
products originating in Iraq subject to termination of the suspension
if the Executive Chairman of UNCIM or the Director-General of
the IAEA reports that Iraq is not cooperating or is in the process
of acquiring any of the weapons referred to in paragraphs 8 to
12 of resolution 687 (1991), and subject also to the maintenance
of effective financial controls necessary to ensure that Iraq
does not acquire prohibited weapons and to ensure compliance with
the obligations referred to in paragraphs 16 and 17 of resolution
687 (1991) and in resolution 1051 (1996);
OP38. Reaffirms its intention to act in
accordance with the relevant provisions of resolution 687 (1991)
on the duration of the prohibitions referred to in that resolution;
OP39. Decides to remain seized of the matter.
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