SECURITY COUNCIL REITERATES DEMAND FOR IRAQ'S FULL COOPERATION WITH UN SPECIAL COMMISSION, INTERNATIONAL ATOMIC ENERGY AGENCY19971203 Presidential Statement Endorses Conclusion Of 21 November Special Commission Emergency Session
The Security Council this afternoon reiterated its demand that Iraq cooperate fully with the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA) and fulfil its obligations as set out in all relevant resolutions, including resolution 1137 (1997), which was adopted by the Council on 12 November.
In a statement read out by its President, the Council endorsed the conclusions and recommendations of UNSCOM's report following their 21 November emergency session (document S/1997/992), which aimed at full and expeditious implementation of the relevant resolutions and at increasing the efficiency and effectiveness of the Special Commission. The report makes recommendations regarding each of the proscribed weapons areas described in section C of resolution 687 (1991) and measures designed to enhance the fulfilment of the mandate of the Special Commission and the IAEA.
The Council stressed that the effectiveness and speed with which the Special Commission might accomplish its responsibilities was, above all, determined by the degree to which Iraq's Government cooperated in disclosing the full extent and disposition of its proscribed programmes and in granting unimpeded access to all sites, documents, records and individuals. The Council also acknowledged the Special Commission's conclusion that it respect the legitimate national security, sovereignty and dignity concerns of Iraq in the context of the need for full application of its mandate.
The meeting, which was called to order at 1:44 p.m., was adjourned at 1:51 p.m.
The full text of the presidential statement, which will be issued as S/PRST/1997/54, reads as follows:
"The Security Council endorses the conclusions and recommendations of the report of the emergency session of the Special Commission (UNSCOM) (S/1997/922) aimed at full and expeditious implementation of the relevant
resolutions and at increasing the efficiency and effectiveness of UNSCOM work to this end.
"The Security Council reiterates its demand that Iraq fulfil all its obligations as set out in all the relevant resolutions, including resolution 1137 (1997), and cooperate fully with UNSCOM and the International Atomic Energy Agency (IAEA) in implementing their respective mandates. The Council stresses that the effectiveness and speed with which UNSCOM may accomplish its responsibilities is, above all, determined by the degree to which the Government of Iraq cooperates in disclosing the full extent and disposition of its proscribed programmes and in granting UNSCOM unimpeded access to all sites, documents, records and individuals. The Council acknowledges the conclusion of the UNSCOM report that UNSCOM respects the legitimate national security, sovereignty and dignity concerns of Iraq in the context of the need for full application of the mandate given to it by the Council.
"The Security Council welcomes the progress achieved by UNSCOM and IAEA in various disarmament areas. The Council encourages intensified efforts, in line with the conclusions and recommendations of the emergency session of UNSCOM, in order to implement fully the UNSCOM and IAEA mandates in each of their respective disarmament areas. The Council acknowledges that, as Iraq complies with its obligations under the relevant resolutions, and UNSCOM and IAEA so report and the Council agrees, UNSCOM and IAEA would make the transition from investigation to monitoring in respective areas, expanding the use of the ongoing monitoring system functioning in Iraq.
"The Security Council urges Member States to respond positively to the requests contained in the report of the emergency session of UNSCOM, in particular related to the provision of additional personnel, equipment and information required by UNSCOM and IAEA for more efficient and effective implementation of their respective mandates.
"The Security Council will remain seized of the matter and will consider whether additional action may be necessary."
The report of the 21 November emergency session of UNSCOM (document S/1997/922), set up under Security Council resolution 687 (1991) in connection with the disposal of Iraq's weapons of mass destruction, contains recommendations regarding each of the proscribed weapons areas described in section C of resolution 687, as well as measures designed to enhance the fulfilment of the mandate of UNSCOM and the IAEA.
As part of the session, the Commission took note of the latest report of the IAEA (document S/1997/779, of 8 October), according to which there are no indications that any weapon-usable nuclear material remains in Iraq. It also
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noted that the IAEA's ongoing monitoring and verification activities had not revealed indicators of evidence in Iraq of prohibited materials, equipment or activities. The Commission states that the Council might wish to call upon Iraq to respond fully and promptly to the matters detailed by the report of the Director General of the IAEA. According to him, Iraq officials had failed to provide the following: a comprehensive written statement of the membership, terms of reference and duration of authority of the Governmental Committee charged to "reduce the effect of NPT [Treaty on the Non-Proliferation of Nuclear Weapons] violation to the minimum"; further information regarding external assistance to its clandestine nuclear programme; the motives behind the actions ascribed to the late Lieutenant-General Hussein Kamel which resulted in the concealment of the cache of documentation, material and equipment "discovered" at the Haider House farm; a summary of the practical and theoretical achievements of Iraq's clandestine nuclear programme in its "full, final and complete disclosure" (FFCD) of its nuclear programme; and the promised written description of its post-war procurement system. If Iraq were to supply the IAEA with those clarifications and if it were to cooperate in the use of fixed-wing aircraft within Iraq for monitoring purposes, the Commission understood that the IAEA would have a basis for an early favourable report to the Council.
The Commission would also encourage the IAEA to proceed with its plans to implement new technologies in its ongoing monitoring and verification activities, particularly in the area of environmental monitoring, and the Council might wish to recommend to governments that they should make available to the IAEA the requisite technologies. The Commission noted with satisfaction that IAEA's intention to focus most of its resources on the implementation and technical strengthening of its monitoring and verification activities would include increasing the number of monitoring staff stationed in Iraq.
Regarding proscribed missiles, the Commission urges the Council to call on Iraq to respond promptly and fully to the following priority requirements: clarification of and accounting for Iraq's indigenous production of proscribed missiles, including seven missiles claimed to have been for training, and contentional warheads and warheads for biological and chemical agents, and major missile parts. The interrelated nature of those outstanding issues is intrinsically significant because warheads have been filled with chemical and biological agents.
According to the report, the Commission, recognizing that considerable quantities of chemical weapons, their components and chemical weapons-related equipment have been destroyed by Iraq and UNSCOM, calls, however, for priority to be given to the resolution of the following issues:
-- The accounting for special warheads (chemical and biological) for the Al Hussein missiles;
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-- The extent of Iraq's efforts to produce and weaponize the chemical warfare agent VX;
-- The material balance of chemical munitions declared by Iraq as having been destroyed during the Persian Gulf War; and
-- The material balance of production equipment procured by Iraq for chemical weapons purpose.
The Commission notes that the paucity of progress in the area of biological weapons is largely attributable to Iraq's denial of the existence of such a programme until June 1995. Iraq's full, final and complete disclosure submitted in September 1997 was not substantially different in substance from previous versions which had been found unacceptable, and it remained unsupported by verifiable evidence and documentation. Therefore, the Council is urged to call upon Iraq to overcome those existing deficiencies in that area.
The Commission states that Iraq's systematic concealment activities have directly affected the Commission's ability to fulfil its mandate. Immediate, unconditional and unrestricted access is absolutely fundamental to the Commission's ability to accomplish any of its tasks. The Commission respects the legitimate national security, sovereignty and dignity concerns of Iraq, says the report, adding that its members have identified the need for greater clarity in the reconciliation of those rights and the need for full practical application of the mandate given to it by the Council. It urges its Executive Chairman to seek such clarity in early discussions with the Iraqi authorities.
Further recommendations include that the Commission's staff continue to document all examples of Iraqi efforts to frustrate their work, by concealment, restriction of access or other means, so that the Council can be kept informed. The Executive Chairman should assess the extent to which the temporary cessation of UNSCOM's operations, caused by Iraqi decisions, has set back its ability to complete its mandate, and make that clear in his next report to the Security Council.
In addition, the Council should insist on the full implementation of the Commission's right to operate both fixed and rotary wing aircraft throughout Iraq and to land at air fields of its choice. Fixed-wing operations could be enhanced if they were based at Rasheed Air Force Base and if fixed-wing aircraft could be used to transport inspection teams to Basra International Airport, and other locations remote from Baghdad.
The Commission also makes recommendations concerning a review of any additional equipment to facilitate its inspection activities; additional aerial surveillance; the provision of technically qualified inspectors; the development of training programmes for all monitoring staff; and ways to rationalize and simplify the documents covering the monitoring regime. The Council should
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encourage governments to make experts available for monitoring missions so as to broaden the multinational nature of inspection teams, the report states.
A letter from Iraq addressed to the Council President (document S/1997/908) informs the Council that, during a 20 November meeting of the Iraqi Revolutionary Command Council, chaired by the President of Iraq, Saddam Hussein, it was decided to issue an invitation to the United Nations Special Commission, with its full complement of members, to return to Iraq to pursue its work there. The statement of the Iraqi Command Council emanating from the meeting of 20 November is annexed to that letter (enclosure I).
The Revolutionary Command Council states that following the in-depth discussion between Moscow and Baghdad, an agreement was reached to resolve the crisis on the basis of a just and equitable analysis. According to the Revolutionary Command Council, such resolution must be sought by those seeking a solution based on international legality and those who wish for Iraq's voice to be heard in demanding the lifting of the embargo against it. The Iraqi Council explains that it accepted the agreement because it took into account the present realities and it corresponded, at least in part, to the Iraqi requirements.
The Command Council states that Iraq had no other way to make its voice heard or claim its rights other than by expelling the American members of UNSCOM. In so doing, Iraq merely exercised its right of sovereignty, which gives all States the right to expel foreigners whom it considers personae non gratae, even if they are members of the diplomatic corps. The Command Council also states that, as a result of the crisis and threats of aggression, Iraq dismantled and transported factories, workshops and production lines to protect them from destruction.
Enclosure II is a Joint Russian-Iraqi Declaration, which is also transmitted in a letter from the Permanent Representatives of the Russian Federation and Iraq to the Council President (document S/1997/907). The Declaration states that an agreement was reached whereby Iraq would accept the return of the Special Commission, and the Russian Federation would work actively for a speedy lifting of sanctions against Iraq, particularly for the implementation of paragraph 22 of resolution 687 (1991). To that end, the Russian Federation would take measures to enhance the effectiveness of the work of the Special Commission, while respecting the sovereignty and security of Iraq.
Paragraph 22 contains the Council decision to lift the prohibitions against the import of commodities and products originating in Iraq, and the prohibitions against financial transactions contained in resolution 661 (1990), once Iraq has completed all actions concerning the destruction or removal of all chemical, biological and nuclear weapons, ballistic missiles and related facilities, under international supervision.
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The Special Commission, under the guidance of its Executive Chairman, prepares detailed plans for field operations in Iraq regarding all items related to chemical and biological weapons and to ballistic missiles and, together with the IAEA, regarding items related to nuclear weapons and nuclear-weapon-usable materials. Those plans describe the composition of teams of experts, drawn from a number of countries, and their movements and activities in Iraq.
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