APPENDIX: RESOLUTION 1546 (2004)
Adopted by the Security Council at its 4987th
meeting, on 8 June 2004
The Security Council,
Welcoming the beginning of a new phase in Iraq's
transition to a democratically elected government, and looking
forward to the end of the occupation and the assumption of full
responsibility and authority by a fully sovereign and independent
Interim Government of Iraq by 30 June 2004,
Recalling all of its previous relevant resolutions
on Iraq,
Reaffirming the independence, sovereignty, unity,
and territorial integrity of Iraq,
Reaffirming also the right of the Iraqi people freely
to determine their own political future and control their own
natural resources,
Recognizing the importance of international support,
particularly that of countries in the region, Iraq's neighbours,
and regional organizations, for the people of Iraq in their efforts
to achieve security and prosperity, and noting that the successful
implementation of this resolution will contribute to regional
stability,
Welcoming the efforts of the Special Adviser to the
Secretary-General to assist the people of Iraq in achieving the
formation of the Interim Government of Iraq, as set out in the
letter of the Secretary-General of 7 June 2004 (S/2004/461),
Taking note of the dissolution of the Governing Council
of Iraq, and welcoming the progress made in implementing the arrangements
for Iraq's political transition referred to in resolution 1511
(2003) of 16 October 2003,
Welcoming the commitment of the Interim Government
of Iraq to work towards a federal, democratic, pluralist, and
unified Iraq, in which there is full respect for political and
human rights,
Stressing the need for all parties to respect and
protect Iraq's archaeological, historical, cultural, and religious
heritage,
Affirming the importance of the rule of law, national
reconciliation, respect for human rights including the rights
of women, fundamental freedoms, and democracy including free and
fair elections,
Recalling the establishment of the United Nations
Assistance Mission for Iraq (UNAMI) on 14 August 2003, and affirming
that the United Nations should play a leading role in assisting
the Iraqi people and government in the formation of institutions
for representative government,
Recognizing that international support for restoration
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) of 22 May 2003 and resolution 1511 (2003),
Recalling the report provided by the United States
to the Security Council on 16 April 2004 on the efforts and progress
made by the multinational force,
Recognizing the request conveyed in the letter of
5 June 2004 from the Prime Minister of the Interim Government
of Iraq to the President of the Council, which is annexed to this
resolution, to retain the presence of the multinational force,
Recognizing also the importance of the consent of
the sovereign Government of Iraq for the presence of the multinational
force and of close coordination between the multinational force
and that government,
Welcoming the willingness of the multinational force
to continue efforts to contribute to the maintenance of security
and stability in Iraq in support of the political transition,
especially for upcoming elections, and to provide security for
the United Nations presence in Iraq, as described in the letter
of 5 June 2004 from the United States Secretary of State to the
President of the Council, which is annexed to this resolution,
Noting the commitment of all forces promoting the
maintenance of security and stability in Iraq to act in accordance
with international law, including obligations under international
humanitarian law, and to cooperate with relevant international
organizations,
Affirming the importance of international assistance
in reconstruction and development of the Iraqi economy,
Recognizing the benefits to Iraq of the immunities
and privileges enjoyed by Iraqi oil revenues and by the Development
Fund for Iraq, and noting the importance of providing for continued
disbursements of this fund by the Interim Government of Iraq and
its successors upon dissolution of the Coalition Provisional Authority,
Determining that the situation in Iraq continues
to constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United
Nations,
1. Endorses the formation of a sovereign Interim
Government of Iraq, as presented on 1 June 2004, which will assume
full responsibility and authority by 30 June 2004 for governing
Iraq while refraining from taking any actions affecting Iraq's
destiny beyond the limited interim period until an elected Transitional
Government of Iraq assumes office as envisaged in paragraph four
below;
2. Welcomes that, also by 30 June 2004, the occupation
will end and the Coalition Provisional Authority will cease to
exist, and that Iraq will reassert its full sovereignty;
3. Reaffirms the right of the Iraqi people freely
to determine their own political future and to exercise full authority
and control over their financial and natural resources;
4. Endorses the proposed timetable for Iraq's
political transition to democratic government including:
a) formation of the sovereign Interim Government
of Iraq that will assume governing responsibility and authority
by 30 June 2004;
b) convening of a national conference reflecting
the diversity of Iraqi society; and
c) holding of direct democratic elections by
31 December 2004 if possible, and in no case later than 31 January
2005, to a Transitional National Assembly, which will, inter alia,
have responsibility for forming a Transitional Government of Iraq
and drafting a permanent constitution for Iraq leading to a constitutionally
elected government by 31 December 2005;
5. Invites the Government of Iraq to consider
how the convening of an international meeting could support the
above process, and notes that it would welcome such a meeting
to support the Iraqi political transition and Iraqi recovery,
to the benefit of the Iraqi people and in the interest of stability
in the region;
6. Calls on all Iraqis to implement these arrangements
peaceably and in full, and on all States and relevant organizations
to support such implementation;
7. Decides that in implementing, as circumstances
permit, their mandate to assist the Iraqi people and government,
the Special Representative of the Secretary-General and the United
Nations Assistance Mission for Iraq (UNAMI), as requested by the
Government of Iraq, shall:
(a) play a leading role to:
(i) assist in the convening, during the month
of July 2004, of a national conference to select a Consultative
Council;
(ii) advise and support the Independent Electoral
Commission of Iraq, as well as the Interim Government of Iraq
and the Transitional National Assembly, on the process for holding
elections;
(iii) promote national dialogue and consensus-building
on the drafting of a national constitution by the people of Iraq;
(b) and also:
(i) advise the Government of Iraq in the
development of effective civil and social services;
(ii) contribute to the coordination and delivery
of reconstruction, development, and humanitarian assistance;
(iii) promote the protection of human rights,
national reconciliation, and judicial and legal reform in order
to strengthen the rule of law in Iraq; and
(iv) advise and assist the Government of Iraq
on initial planning for the eventual conduct of a comprehensive
census;
8. Welcomes ongoing efforts by the incoming Interim
Government of Iraq to develop Iraqi security forces including
the Iraqi armed forces (hereinafter referred to as "Iraqi
security forces"), operating under the authority of the Interim
Government of Iraq and its successors, which will progressively
play a greater role and ultimately assume full responsibility
for the maintenance of security and stability in Iraq;
9. Notes that the presence of the multinational
force in Iraq is at the request of the incoming Interim Government
of Iraq and therefore reaffirms the authorization for the multinational
force under unified command established under resolution 1511
(2003), having regard to the letters annexed to this resolution;
10. Decides that the multinational force shall
have the authority to take all necessary measures to contribute
to the maintenance of security and stability in Iraq in accordance
with the letters annexed to this resolution expressing, inter
alia, the Iraqi request for the continued presence of the multinational
force and setting out its tasks, including by preventing and deterring
terrorism, so that, inter alia, the United Nations can fulfil
its role in assisting the Iraqi people as outlined in paragraph
seven above and the Iraqi people can implement freely and without
intimidation the timetable and programme for the political process
and benefit from reconstruction and rehabilitation activities;
11. Welcomes, in this regard, the letters annexed
to this resolution stating, inter alia, that arrangements are
being put in place to establish a security partnership between
the sovereign Government of Iraq and the multinational force and
to ensure coordination between the two, and notes also in this
regard that Iraqi security forces are responsible to appropriate
Iraqi ministers, that the Government of Iraq has authority to
commit Iraqi security forces to the multinational force to engage
in operations with it, and that the security structures described
in the letters will serve as the fora for the Government of Iraq
and the multinational force to reach agreement on the full range
of fundamental security and policy issues, including policy on
sensitive offensive operations, and will ensure full partnership
between Iraqi security forces and the multinational force, through
close coordination and consultation;
12. Decides further that the mandate for the
multinational force shall be reviewed at the request of the Government
of Iraq or twelve months from the date of this resolution, and
that this mandate shall expire upon the completion of the political
process set out in paragraph four above, and declares that it
will terminate this mandate earlier if requested by the Government
of Iraq;
13. Notes the intention, set out in the annexed
letter from the United States Secretary of State, to create a
distinct entity under unified command of the multinational force
with a dedicated mission to provide security for the United Nations
presence in Iraq, recognizes that the implementation of measures
to provide security for staff members of the United Nations system
working in Iraq would require significant resources, and calls
upon Member States and relevant organizations to provide such
resources, including contributions to that entity;
14. Recognizes that the multinational force will
also assist in building the capability of the Iraqi security forces
and institutions, through a programme of recruitment, training,
equipping, mentoring, and monitoring;
15. Requests Member States and international
and regional organizations to contribute assistance to the multinational
force, including military forces, as agreed with the Government
of Iraq, to help meet the needs of the Iraqi people for security
and stability, humanitarian and reconstruction assistance, and
to support the efforts of UNAMI;
16. Emphasizes the importance of developing effective
Iraqi police, border enforcement, and the Facilities Protection
Service, under the control of the Interior Ministry of Iraq, and,
in the case of the Facilities Protection Service, other Iraqi
ministries, for the maintenance of law, order, and security, including
combating terrorism, and requests Member States and international
organizations to assist the Government of Iraq in building the
capability of these Iraqi institutions;
17. Condemns all acts of terrorism in Iraq, reaffirms
the obligations of Member States under resolutions 1373 (2001)
of 28 September 2001, 1267 (1999) of 15 October 1999, 1333 (2000)
of 19 December 2000, 1390 (2002) of 16 January 2002, 1455 (2003)
of 17 January 2003, and 1526 (2004) of 30 January 2004, and other
relevant international obligations with respect, inter alia, to
terrorist activities in and from Iraq or against its citizens,
and specifically reiterates its call upon Member States to prevent
the transit of terrorists to and from Iraq, arms for terrorists,
and financing that would support terrorists, and re-emphasizes
the importance of strengthening the cooperation of the countries
of the region, particularly neighbours of Iraq, in this regard;
18. Recognizes that the Interim Government of
Iraq will assume the primary role in coordinating international
assistance to Iraq;
19. Welcomes efforts by Member States and international
organizations to respond in support of requests by the Interim
Government of Iraq to provide technical and expert assistance
while Iraq is rebuilding administrative capacity;
20. Reiterates its request that Member States,
international financial institutions and other organizations strengthen
their efforts to assist the people of Iraq in the reconstruction
and development of the Iraqi economy, including by providing international
experts and necessary resources through a coordinated programme
of donor assistance;
21. Decides that the prohibitions related to
the sale or supply to Iraq of arms and related materiel under
previous resolutions shall not apply to arms or related materiel
required by the Government of Iraq or the multinational force
to serve the purposes of this resolution, stresses the importance
for all States to abide strictly by them, and notes the significance
of Iraq's neighbours in this regard, and calls upon the Government
of Iraq and the multinational force each to ensure that appropriate
implementation procedures are in place;
22. Notes that nothing in the preceding paragraph
affects the prohibitions on or obligations of States related to
items specified in paragraphs 8 and 12 of resolution 687 (1991)
of 3 April 1991 or activities described in paragraph 3 (f) of
resolution 707 (1991) of 15 August 1991, and reaffirms its intention
to revisit the mandates of the United Nations Monitoring, Verification,
and Inspection Commission and the International Atomic Energy
Agency;
23. Calls on Member States and international
organizations to respond to Iraqi requests to assist Iraqi efforts
to integrate Iraqi veterans and former militia members into Iraqi
society;
24. Notes that, upon dissolution of the Coalition
Provisional Authority, the funds in the Development Fund for Iraq
shall be disbursed solely at the direction of the Government of
Iraq, and decides that the Development Fund for Iraq shall be
utilized in a transparent and equitable manner and through the
Iraqi budget including to satisfy outstanding obligations against
the Development Fund for Iraq, that the arrangements for the depositing
of proceeds from export sales of petroleum, petroleum products,
and natural gas established in paragraph 20 of resolution 1483
(2003) shall continue to apply, that the International Advisory
and Monitoring Board shall continue its activities in monitoring
the Development Fund for Iraq and shall include as an additional
full voting member a duly qualified individual designated by the
Government of Iraq and that appropriate arrangements shall be
made for the continuation of deposits of the proceeds referred
to in paragraph 21 of resolution 1483 (2003);
25. Decides further that the provisions in the
above paragraph for the deposit of proceeds into the Development
Fund for Iraq and for the role of the IAMB shall be reviewed at
the request of the Transitional Government of Iraq or twelve months
from the date of this resolution, and shall expire upon the completion
of the political process set out in paragraph four above;
26. Decides that, in connection with the dissolution
of the Coalition Provisional Authority, the Interim Government
of Iraq and its successors shall assume the rights, responsibilities
and obligations relating to the Oil-for-Food Programme that were
transferred to the Authority, including all operational responsibility
for the Programme and any obligations undertaken by the Authority
in connection with such responsibility, and responsibility for
ensuring independently authenticated confirmation that goods have
been delivered, and further decides that, following a 120-day
transition period from the date of adoption of this resolution,
the Interim Government of Iraq and its successors shall assume
responsibility for certifying delivery of goods under previously
prioritized contracts, and that such certification shall be deemed
to constitute the independent authentication required for the
release of funds associated with such contracts, consulting as
appropriate to ensure the smooth implementation of these arrangements;
27. Further decides that the provisions of paragraph
22 of resolution 1483 (2003) shall continue to apply, except that
the privileges and immunities provided in that paragraph shall
not apply with respect to any final judgement arising out of a
contractual obligation entered into by Iraq after 30 June 2004;
28. Welcomes the commitments of many creditors,
including those of the Paris Club, to identify ways to reduce
substantially Iraq's sovereign debt, calls on Member States, as
well as internationa1 and regional organizations, to support the
Iraq reconstruction effort, urges the international financial
institutions and bilateral donors to take the immediate steps
necessary to provide their full range of loans and other financial
assistance and arrangements to Iraq, recognizes that the Interim
Government of Iraq will have the authority to conclude and implement
such agreements and other arrangements as may be necessary in
this regard, and requests creditors, institutions and donors to
work as a priority on these matters with the Interim Government
of Iraq and its successors;
29. Recalls the continuing obligations of Member
States to freeze and transfer certain funds, assets, and economic
resources to the Development Fund for Iraq in accordance with
paragraphs 19 and 23 of resolution 1483 (2003) and with resolution
1518 (2003) of 24 November 2003;
30. Requests the Secretary-General to report
to the Council within three months from the date of this resolution
on UNAMI operations in Iraq, and on a quarterly basis thereafter
on the progress made towards national elections and fulfilment
of all UNAMI's responsibilities;
31. Requests that the United States, on behalf
of the multinational force, report to the Council within three
months from the date of this resolution on the efforts and progress
of this force, and on a quarterly basis thereafter;
32. Decides to remain actively seized of the
matter.
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