SECURITY COUNCIL CONDEMNS IRAQ'S DECISION TO SUSPEND COOPERATION WITH UNSCOM, I"A

9 September 1998
SC/6571

SECURITY COUNCIL CONDEMNS IRAQ'S DECISION TO SUSPEND COOPERATION WITH UNSCOM, I"A

9 September 1998

Press ReleaseSC/6571

SECURITY COUNCIL CONDEMNS IRAQ'S DECISION TO SUSPEND COOPERATION WITH UNSCOM, IAEA

19980909 By Resolution 1194 (1998), No Review Of Sanctions Will Be Conducted Until Iraq Rescinds Decision

The Security Council this afternoon condemned Iraq's decision to suspend cooperation with the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA) as a "totally unacceptable contravention of its obligations" under relevant Council resolutions.

Stressing the unacceptability of any attempts by Iraq to deny access to any sites or to refuse to provide cooperation, the Council decided not to conduct the review scheduled for October and any further such reviews until Iraq rescinds its decision, and the Special Commission and the IAEA report that they are satisfied that they have been able to exercise the full range of activities provided for in their mandates, including inspections. According to the terms of resolution 687 (1991), the Council must determine through periodic reviews that Iraq has completed all its obligations before sanctions against that country can be lifted.

As it unanimously adopted resolution 1194 (1998), the Council demanded that Iraq rescind its decision and cooperate fully with UNSCOM and the IAEA, in accordance with its obligations under relevant Council resolutions and the Memorandum of Understanding signed by the Secretary-General and the Deputy Prime Minister of Iraq on 23 February. It also demanded that Iraq resume dialogue with the Special Commission and the IAEA immediately.

The Council noted that, by its failure to comply with its relevant obligations, Iraq has delayed the moment when the Council could end the sanctions.

In other parts of the text, the Council reaffirmed its full support for the Special Commission and the IAEA. It also reaffirmed its support for the Secretary-General in his efforts to urge Iraq to rescind its decision to suspend cooperation with UNSCOM and the IAEA.

The meeting, which began at 5:35 p.m., was adjourned at 5:40 p.m.

Resolution Adopted

The text of resolution 1194 (1998), sponsored by Costa Rica, United Kingdom and the United States, reads as follows:

"The Security Council,

"Recalling all its previous relevant resolutions, and in particular its resolutions 687 (1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 1060 (1996) of 12 June 1996, 1115 (1997) of 21 June 1997 and 1154 (1998) of 2 March 1998,

"Noting the announcement by Iraq on 5 August 1998 that it had decided to suspend cooperation with the United Nations Special Commission and the International Atomic Energy Agency (IAEA) on all disarmament activities and restrict ongoing monitoring and verification activities at declared sites, and/or actions implementing the above decision,

"Stressing that the necessary conditions do not exist for the modification of the measures referred to in section F of resolution 687 (1991),

"Recalling the letter from the Executive Chairman of the Special Commission to the President of the Security Council of 12 August 1998 (S/1998/767), which reported to the Council that Iraq had halted all disarmament activities of the Special Commission and placed limitations on the rights of the Commission to conduct its monitoring operations,

"Recalling also the letter from the Director-General of the IAEA to the President of the Security Council of 11 August 1998 (S/1998/766), which reported the refusal by Iraq to cooperate in any activity involving investigation of its clandestine nuclear programme and other restrictions of access placed by Iraq on the ongoing monitoring and verification programme of the IAEA,

"Noting the letters of 18 August 1998 from the President of the Security Council to the Executive Chairman of the Special Commission and the Director- General of the IAEA (S/1998/769, S/1998/768), which expressed the full support of the Security Council for those organizations in the implementation of the full range of their mandated activities, including inspections,

"Recalling the Memorandum of Understanding signed by the Deputy Prime Minister of Iraq and the Secretary-General on 23 February 1998 (S/1998/166), in which Iraq reiterated its undertaking to cooperate fully with the Special Commission and the IAEA,

"Noting that the announcement by Iraq of 5 August 1998 followed a period of increased cooperation and some tangible progress achieved since the signing of the Memorandum of Understanding,

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"Reiterating its intention to respond favourably to future progress made in the disarmament process, and reaffirming its commitment to comprehensive implementation of its resolutions, in particular resolution 687 (1991),

"Determined to ensure full compliance by Iraq with its obligations under all previous resolutions, in particular resolutions 687 (1991), 707 (1991), 715 (1991), 1060 (1996), 1115 (1997) and 1154 (1998), to permit immediate, unconditional and unrestricted access to the Special Commission and the IAEA to all sites which they wish to inspect, and to provide the Special Commission and the IAEA with all the cooperation necessary for them to fulfil their mandate under those resolutions,

"Stressing the unacceptability of any attempts by Iraq to deny access to any sites or to refuse to provide the necessary cooperation,

"Expressing its readiness to consider, in a comprehensive review, Iraq's compliance with its obligations under all relevant resolutions once Iraq has rescinded its above-mentioned decision and demonstrated that it is prepared to fulfil all its obligations, including, in particular on disarmament issues, by resuming full cooperation with the Special Commission and the IAEA consistent with the Memorandum of Understanding, as endorsed by the Council in resolution 1154 (1998), and to that end welcoming the proposal of the Secretary-General for such a comprehensive review and inviting the Secretary-General to provide his views in that regard,

"Reiterating the commitment of all Member States to the sovereignty, territorial integrity and political independence of Kuwait and Iraq,

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

"1. Condemns the decision by Iraq of 5 August 1998 to suspend cooperation with the Special Commission and the IAEA, which constitutes a totally unacceptable contravention of its obligations under resolutions 687 (1991), 707 (1991), 715 (1991), 1060 (1996), 1115 (1997) and 1154 (1998), and the Memorandum of Understanding signed by the Deputy Prime Minister of Iraq and the Secretary-General on 23 February 1998;

"2. Demands that Iraq rescind its above-mentioned decision and cooperate fully with the Special Commission and the IAEA in accordance with its obligations under the relevant resolutions and the Memorandum of Understanding as well as resume dialogue with the Special Commission and the IAEA immediately;

"3. Decides not to conduct the review scheduled for October 1998 provided for in paragraphs 21 and 28 of resolution 687 (1991), and not to conduct any further such reviews until Iraq rescinds its above-mentioned decision of 5 August 1998 and the Special Commission and the IAEA report to

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the Council that they are satisfied that they have been able to exercise the full range of activities provided for in their mandates, including inspections;

"4. Reaffirms its full support for the Special Commission and the IAEA in their efforts to ensure the implementation of their mandates under the relevant resolutions of the Council;

"5. Reaffirms its full support for the Secretary-General in his efforts to urge Iraq to rescind its above-mentioned decision;

"6. 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, and notes that by its failure so far to comply with its relevant obligations Iraq has delayed the moment when the Council can do so;

"7. Decides to remain seized of the matter."

Documents before Council

When the Council met this afternoon, it had before it a communication from the Government of Iraq dated 5 August, indicating that it was suspending its cooperation with UNSCOM and the IAEA, and that, in the interim, pending Council agreement to its demands, only monitoring activities would be allowed to continue (document S/1998/718).

In a letter dated 12 August, the Executive Chairman of the Special Commission states that the Commission cannot continue to provide the Council with the same level of assurances of Iraq's compliance with its obligations not to re-establish its proscribed weapons programmes (document S/1998/767). In a review of the implications of the Iraqi decision, he states that Iraq's actions bring to a halt all the Commission's disarmament activities and limit the Commission's rights to conduct its monitoring operations. The Commission has been forced to suspend all disarmament activities as all such work requires Iraq's cooperation. This includes political and technical discussions. A number of inspections planned in the chemical, biological and missile fields will be delayed pending resolution of the current situation. The discussions and inspections were aimed at bringing to closure disarmament issues that need to be resolved if the Commission is to report that Iraq is in compliance with its disarmament obligations.

He goes on to say that, in light of Iraq's restrictions, monitoring activities are limited to sites previously declared by Iraq or designated by the Commission for monitoring. This denies the right of the Commission to inspect additional, non-declared sites where the capabilities for conducting proscribed or monitorable activities may exist.

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Also before the Council is a letter from the IAEA Director-General, dated 11 August, in which he confirms that the Agency is carrying out a limited ongoing monitoring and verification (OMV) plan within the restrictions imposed by Iraq and is awaiting instructions from the Council on how to proceed further (document S/1998/766).

He states that those activities fall far short of full implementation of the OMV plan and result in a significantly reduced level of assurance than would be provided through the full implementation of that plan. Iraq's refusal to cooperate in any activity involving investigation of its clandestine nuclear programme makes it impossible to investigate through the follow-up of any new information that comes to the Agency's knowledge, the remaining questions and concerns relevant to Iraq's clandestine nuclear programme, as well as any other aspects of the programmes. It also makes it impossible to destroy, remove or render harmless any prohibited items that may be discovered through such investigations.

He adds that the Iraqi restrictions have also resulted in the discontinuation of the implementation of a joint programme of inspection of Iraqi sites deemed to have capabilities suitable for conducting work on some aspect of weapons of mass destruction.

In letters dated 18 August to the Director-General of the IAEA and the Executive Chairman of the Special Commission (documents S/1998/768 and S/1998/769), the President of the Council, on behalf of its members, declares that Iraq's announcement is totally unacceptable and contravenes the relevant Security Council resolutions and the Memorandum of Understanding signed by the Secretary-General and the Deputy Prime Minister of Iraq. The members of the Council regret that the announcement was made after a period of improved cooperation and achievement of some tangible results since the signing of the Memorandum of Understanding.

The members of the Council also take note with concern of the IAEA's assessment that the current circumstances result in a significantly reduced level of assurance than would be provided through the full implementation of the ongoing monitoring and verification plan, and that UNSCOM cannot continue to provide the Council with the same level of assurances of Iraq's compliance not to re-establish its proscribed weapons programmes. They reiterate their full support for the IAEA and UNSCOM, and state that Iraq is obliged under the relevant Council resolutions to provide them with the cooperation necessary for them to undertake their activities, including inspections.

The Council members also express their support for the continuing efforts of the Secretary-General and his Special Envoy. They emphasize the need for an early resumption of dialogue between UNSCOM, IAEA and Iraq. They will be ready to respond favourably to future progress made in the disarmament process.

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For information media. Not an official record.