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Iraq

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1. Latest developments in New York

On 21 March 2013, the Security Council met to hear the report of Mr. Martin Kobler, Special Representative of the Secretary-General and Head of UNAMI. Mr. Kobler noted recent positive developments between Iraq and Koweit and welcomed the resumption of flights between Baghdad and Kuwait City.

During the private consultations that followed, the representative of France expressed concerns about the political and security situation in the country. He also stressed that the work of UNAMI was more necessary than ever to encourage the Iraqi authorities to reinforce institutions and the rule of law.

The complete timeline of events here.

2. Background

A/ UNAMI

The United Nations Assistance Mission for Iraq (UNAMI), created on 14 August 2003 by Security Council resolution 1500, fosters the national reconciliation and reconstruction processes. It is also responsible for facilitating regional dialogue on security, refugees and energy as part of the process involving Iraq’s neighboring states.

UNAMI’s mandate was renewed for one year, until 31 July 2013, by Security Council resolution 2061.

The Head of UNAMI and UNSG’s Special Representative for Iraq is Mr. Martin Kobler (Germany). He was appointed in August 2011 to replace Mr Ad Melkert.

Security Council Considers Situation in Iraq - 16 February 2010

UN Photo/Paulo Filgueiras

France is an active participant in EUJUST LEX, the European mission to train Iraqi civil servants to help strengthen the Iraqi state.

B/ Listing of restrictions imposed on Iraq under Chapter VII

France wants Iraq to regain its rightful place in the international community as soon as possible. In order for it to regain that position, the Security Council must examine the legally binding provisions applied to Iraq under Chapter VII of the UN Charter, which have been implemented since 1990.

Resolution 1859, adopted on 22 December 2008, supports the complete restoration of Iraqi sovereignty. It notably requested the Secretary-General to submit proposals to the Security Council with a view towards “allowing Iraq to regain the international status” that it had before 1990 and provides to this end for a review of the resolutions adopted by the Security Council since 1990 under Chapter VII.

A report by the Secretary-General on this issue issued on 27 July 2009 (S/2009/385) listed the seven issues targeted by the resolutions adopted under Chapter VII since 1990: disarmament and non-proliferation, Oil-for-Food, the Development Fund for Iraq, the 1518 Committee, missing persons, Iraqi-Kuwait border, and compensation. Three resolutions were adopted on 15 December 2010 concerning the first three issues.

- Disarmament and non-proliferation

Resolutions 687 (1991) and 707 (1991) established a specific embargo, destruction and inspection regime with respect to weapons of mass destruction, missiles and the development of civilian nuclear energy. In a presidential statement on 26 February 2010, the UNSC paid tribute to the measures taken by Iraq in accordance with the Council’s resolutions regarding non-proliferation and disarmament and indicated the readiness of the Council to lift the restrictions once all the necessary measures have been effectively taken by Iraq. A Security Council resolution was adopted on 15 December 2010 (resolution 1957) lifting the restrictions imposed on Iraq with respect to disarmament and non-proliferation.

- The “Oil-for-Food” program

This program was established by resolution 986 (1995). It allowed Iraq to sell oil in exchange for food, medicine and services under the supervision of the UN. It was suspended following the military intervention by the United States and its allies in Iraq in 2003. Several letters of credit were however still outstanding at the end of 2010. A resolution (Resolution 1858) was adopted on 15 December 2010 to close the activities under this program. The resolution was adopted by 14 votes with one abstention from France. While France fully supported the objective of the resolution, it considered that the discussion had not resulted in a text that included all the guarantees it deemed necessary for the satisfactory closure of the program.

- The Development Fund for Iraq

The DFI is the depository for Iraq’s oil revenue and is tasked with helping the Iraqi government to manage its resources in a transparent and responsible way to the benefit of the Iraqi people. It was established in accordance with Security Council resolution 1483. The International Advisory and Monitoring Board is the DFI’s monitoring body. Resolution 1905 of 21 December 2009 provided for its expiration on 31 December 2010. The Security Council adopted a resolution on 15 December 2010 (resolution 1956) terminating the arrangements of the DFI on 30 June 2011.

- 1518 Committee

The Sanctions committee established by resolution 1518 is responsible for establishing a list of the senior officials of the former Iraqi regime, their family members, as well as the entities owned or controlled by these persons. They are subject to a targeted sanctions regime: arms embargo, freezing of assets. The committee submits an annual report to the Security Council. It did not however meet in 2009 and 2010.

- Issues relating to relations between Iraq and Kuwait

The Iraqi and Kuwaiti authorities have begun bilateral discussions under the auspices of the UN in order to make progress on several sensitive issues regarding:

— Those who disappeared during the Gulf War, and State assets and archives seized during this war. Under resolution 686 (1991), Iraq must return the remains of those who disappeared, as well as the Kuwaiti property seized during the war. Resolution 687 (1991) requests the Secretary-General to report on the return of property and the ICRC to inform the Secretary-General of any activity relating to the repatriation of Kuwaitis or their remains. Resolution 1284 (1999) establishes the mandate of the high-level Coordinator tasked with facilitating this process.

— The demarcation of maritime and land borders. Security Council resolutions 773 (1992) and 833 (1993) endorse the demarcation resulting from the 1963 Iraqi-Kuwaiti agreement and makes provision for the demarcation of the land and maritime borders with the technical support of the Secretary-General. The recognition of these borders is still a bone of contention between the two countries.

— Compensation. The principle of compensation for war damage and the creation of a fund for this purpose are specified under resolution 687 (1991). Resolution 1483 redefined the arrangements relating to this (5% of revenue is paid to the compensation fund). The total amount established by the United Nations Compensation Commission (UNCC) is $52 billion. Iraq would like the levy rate and the total amount to be reduced.

France supports all progress that can be made in the bilateral Iraqi-Kuwaiti relationship.

(May 2013)