Annex
I
Letter
dated 31 July 2001 from the Executive Director of the Iraq Programme addressed
to the Permanent Representative of Iraq to the United Nations
On behalf of the Secretary-General, I have the honour to acknowledge
receipt, under cover of your letter dated 23 July 2001 addressed to the
Secretary-General (see annex II), of the distribution plan (see annex III)
submitted by your Government for the new period specified in paragraph 1 of
Security Council resolution 1360 (2001) of 3 July 2001, together with the
annexes to the distribution plan received from the Ministry of Foreign Affairs
of the Republic of Iraq, through the Office of the United Nations Humanitarian
Coordinator in Iraq, and would like to inform you that I have been authorized by
the Secretary-General to convey in this respect the following.
In resolutions 986 (1995) of 14 April 1995 and 1360 (2001) of 3 July
2001, the Security Council requires that the Government of Iraq ensures, on the
basis of a plan to be submitted to and approved by the Secretary-General,
equitable distribution of medicine, health supplies, foodstuffs, and materials
and supplies for essential civilian needs (humanitarian supplies) exported to
Iraq under the conditions defined by those resolutions. The memorandum of
understanding concluded on 20 May 1996 between the United Nations Secretariat
and the Government of Iraq (S/1996/356) provides that the Government of Iraq
shall prepare a distribution plan describing in detail the procedures to be
followed by the competent authorities with a view to ensuring the equitable
distribution of humanitarian supplies and submit the plan to the
Secretary-General for approval. The memorandum states in this regard that if the
Secretary-General is satisfied that the plan adequately ensures equitable
distribution of humanitarian supplies to the Iraqi population throughout the
country, he will so inform the Government of Iraq.
I have the honour to inform the Government of Iraq through you that,
having examined the distribution plan, the Secretary-General has come to the
conclusion that the plan, if properly implemented, should meet the requirements
of equitable distribution of humanitarian goods to the Iraqi population
throughout the country. The plan is, therefore, approved with the following
understandings.
By paragraph 15 of Security Council resolution 1284 (1999) of 17 December
1999, the Government of Iraq has been authorized to export unlimited amounts of
oil and to import, under relevant resolutions of the Council, a wide range of
goods to meet the humanitarian needs of its population and to rehabilitate its
civilian infrastructure. As stated by the Secretary-General, now that increased
revenues are available for the implementation of the programme, the Government
of Iraq is in a position to reduce current malnutrition levels and improve the
health status of the Iraqi people (S/2000/520, para. 96). This can be achieved
by allocating the necessary funding level in the food and health sectors as well
as by ensuring the timely contracting of all supplies in quantities sufficient
to meet the requirements and targets set forth in the distribution plan, in
particular those contained in the supplementary report of the Secretary-General
(S/1998/90). It is also necessary to improve distribution systems in the food,
nutrition and health sectors.
I should like to reiterate that the Secretariat is fully committed to
expedite the processing and “notification” of applications as well as
approval of applications by the Security Council Committee established by
resolution 661 (1990). I
should also like to reiterate that the Secretary-General is gravely concerned
with the unacceptably high volume of applications which have been placed on hold
by members of the Security Council Committee and has appealed to the members of
the Committee to review further their positions in that regard.
On its part, as directed by the Secretary-General, the Office of the Iraq
Programme has been doing its utmost in providing the necessary information and
briefings to the Committee in order to expedite the lifting of holds placed on
applications. I should like to
emphasize, however, that irrespective of the tireless efforts by the
Secretary-General and the Secretariat, the decisions regarding holds on
applications remain within the purview of the Security Council Committee in
accordance with established rules and procedures.
In order to improve most
expeditiously the nutritional status of children, the Secretary-General has
repeatedly recommended that the implementation of the targeted nutrition
programme should be expedited most urgently and the funding level should be kept
under constant review in order to ensure the availability of adequate supplies,
ware-housing, transportation and related infrastructure.
I take note of the relatively modest increase from $6 million allocated
in the distribution plan for phase IX (S/2001/134) to $10 million in the
distribution plan for phase X, allocated for the targeted nutrition programme
which is intended to improve the nutritional status of Iraqi children, an issue
on which both the Government of Iraq as well as the Secretary-General have
expressed their deep concern. While
it is acknowledged that in the proposed distribution plan, in addition to the
$10 million allocated, there are a number of allocations made for certain items,
under different sectors, which are interrelated and have a direct bearing on the
implementation of the targeted nutrition programme, given the magnitude of the
problems faced, the Government may wish to consider increasing further the
allocation to the targeted nutrition programme in order to ensure that it
reaches the full caseload. More
specifically, the Government may wish to give urgent and favourable
consideration to a series of costed proposals to ensure greater impact of the
targeted nutrition programme, which were included in the paper submitted by the
United Nations Humanitarian Coordinator in Iraq to His Excellency the Minister
of Health of the Republic of Iraq, in May 2001.
It may be recalled that in paragraph 9 of its resolution 1360 (2000), the
Security Council decided, inter alia, that the funds deposited in the
escrow account established by resolution 986 (1995) to be transferred to the
Compensation Fund in phase X shall be 25 per cent and “that the additional
funds resulting from this decision will be deposited into the account
established under paragraph 8 (a) of resolution 986 (1995) to be used for
strictly humanitarian projects “to address the needs of the most vulnerable
groups in Iraq as referred to in paragraph 126 of the report of the
Secretary-General of 29 November 2000 (S/2000/1132)”. Accordingly, the
inclusion of part ten (Special allocation requirements) in the distribution
plan, in response to paragraph 9 of resolution 1360 (2000) is welcome,
particularly in respect of the allocation to the Ministry of Labour and Social
Affairs. It is recommended that a
greater range of the Ministry’s humanitarian projects aimed at vulnerable
groups be provided with resources under the distribution plan and that its
allocation be expanded accordingly.
The continuing incidence of ordnance and mine related accidents throughout Iraq remains an issue of deep humanitarian concern. The inclusion by the Government of Iraq of equipment for mine and bomb clearance equipment in the distribution plan is, therefore, most welcomed.
It is a matter of grave concern, however, that the demining programme being implemented by the United Nations in the three northern governorates, has seriously suffered due to the inordinate delays in and or refusal of granting the visas required for United Nations personnel associated with the demining programme. The demining programme has also suffered from the long delays and or refusal to allow the import of the essential equipment and supplies required for the implementation of that programme. In view of the delays and uncertainties regarding the granting of the required visas or allowing the import of the equipment and supplies, the United Nations had to cancel recently a number of contracts and withdraw the request for 75 visas for the personnel to be associated with that programme. Similar difficulties are also being experienced in the electricity programme undertaken by the United Nations in the three northern governorates.
Accordingly, I should like to reiterate the appeal of the Secretary-General to the Government of Iraq to expedite the granting of the required visas and allowing the import of supplies and equipment, in full conformity with the provisions of paragraphs 46 and 47 of the memorandum of understanding.
A copy of the list of supplies and goods accompanying the distribution
plan will be made available to the Security Council Committee. The list will
also be posted on the web site of the Office of the Iraq Programme, together
with the distribution plan, in order to provide information to all concerned,
including potential suppliers. I should like to inform you, however, that the
Secretary-General’s approval of the plan does not constitute an endorsement of
the specific items for equipment and supplies contained in the annexes to the
plan.
Amendments to the plan, where appropriate, should meet the requirements
outlined in paragraph 5 of resolution 1153 (1998). It is recognized that in
certain sectors not all the information required under paragraph 5 of that
resolution could be provided in the plan at this stage because of the complexity
of the activities and the range of items to be procured.
Accordingly, the Government of Iraq as well as the United Nations
agencies and programmes should take all necessary steps to ensure that
applications submitted to the United Nations Secretariat will indicate priority
and complementarity in compliance with paragraph 5 of resolution 1153 (1998).
The approval of the distribution plan is subject to the condition that
its implementation is governed by the relevant provisions of Security Council
resolutions 986 (1995), 1281 (1999), 1284 (1999), 1302 (2000), 1330 (2000), 1360
(2001) and the memorandum of understanding (S/1996/356) and that, in case of
inconsistency between the particular provisions of the plan on the one hand and
the resolutions and the memorandum of understanding on the other, the provisions
of the latter documents shall prevail.
Furthermore, the approval of the plan is without prejudice to actions
that might be taken by the Security Council Committee regarding applications for
export of particular items contained in the list submitted for the Committee’s
consideration in accordance with its procedures.
The joint unit established by resolution 1051 (1996) will continue to
review the categorized list in the light of additional information that may
become available for the purposes of identifying items that are covered under
the relevant provisions of that resolution, because of their possible dual use
for civilian and prohibited purposes under resolution 687 (1991) of 3 April 1991
and other relevant resolutions.
In conclusion, I should like to welcome the improved consultations on the
distribution plan, both at the bilateral level between the United Nations
agencies and programmes with their respective technical counterparts in the
relevant ministries of the Government of Iraq as well as at the level of the
Joint Consultative Committee. I
also welcome the decision to schedule a meeting of the Joint Consultative
Committee on a regular basis, every two months, to review the implementation of
the programme.
(Signed) Benon
V. Sevan
Under-Secretary-General