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DOCUMENT No. 1
United Nations
S/2002/1198, Provisional
7
November 2002
Security Council
Original: English
United Kingdom of Great Britain and Northern Ireland and United States of
America: draft resolution
[Adopted as Resolution 1441 at Security Council meeting 4644, 8 November 2002]
The Security Council,
Recalling
all its previous relevant resolutions, in particular its
resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29 November 1990, 686
(1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688 (1991) of 5 April
1991, 707 (1991) of 15 August 1991, 715 (1991) of 11 October 1991, 986 (1995)
of 14 April 1995, and 1284 (1999) of 17 December 1999, and all the relevant
statements of its President,
Recalling also
its resolution 1382 (2001) of 29 November 2001 and its
intention to implement it fully,
Recognizing
the threat Iraq’s non-compliance with Council resolutions and
proliferation of weapons of mass destruction and long-range missiles poses to
international peace and security,
Recalling
that its resolution 678 (1990) authorized Member States to use
all necessary means to uphold and implement its resolution 660 (1990) of 2
August 1990 and all relevant resolutions subsequent to resolution 660 (1990)
and to restore international peace and security in the area,
Further recalling
that its resolution 687 (1991) imposed obligations on Iraq as a
necessary step for achievement of its stated objective of restoring
international peace and security in the area,
Deploring
the fact that Iraq has not provided an accurate, full, final,
and complete disclosure, as required by resolution 687 (1991), of all aspects
of its programmes to develop weapons of mass destruction and ballistic
missiles with a range greater than one hundred and fifty kilometres, and of
all holdings of such weapons, their components and production facilities and
locations, as well as all other nuclear programmes, including any which it
claims are for purposes not related to nuclear-weapons-usable material,
Deploring further
that Iraq repeatedly obstructed immediate, unconditional, and
unrestricted access to sites designated by the United Nations Special
Commission (UNSCOM) and the International Atomic Energy Agency (IAEA), failed
to cooperate fully and unconditionally with UNSCOM and IAEA weapons
inspectors, as required by resolution 687 (1991), and ultimately ceased all
cooperation with UNSCOM and the IAEA in 1998,
Deploring
the absence, since December 1998, in Iraq of international
monitoring, inspection, and verification, as required by relevant resolutions,
of weapons of mass destruction and ballistic missiles, in spite of the
Council’s repeated demands that Iraq provide immediate, unconditional, and
unrestricted access to the United Nations Monitoring, Verification and
Inspection Commission (UNMOVIC), established in resolution 1284 (1999) as the
successor organization to UNSCOM, and the IAEA, and regretting the consequent
prolonging of the crisis in the region and the suffering of the Iraqi people,
Deploring also that the Government of Iraq
has failed to comply with its commitments pursuant to resolution 687 (1991)
with regard to terrorism, pursuant to resolution 688 (1991) to end repression
of its civilian population and to provide access by international humanitarian
organizations to all those in need of assistance in Iraq, and pursuant to
resolutions 686 (1991), 687 (1991), and 1284 (1999) to return or cooperate in
accounting for Kuwaiti and third country nationals wrongfully detained by
Iraq, or to return Kuwaiti property wrongfully seized by Iraq,
Recalling that in its resolution 687 (1991)
the Council declared that a ceasefire would be based on acceptance by Iraq of
the provisions of that resolution, including the obligations on Iraq contained
therein,
Determined to ensure full and immediate
compliance by Iraq without conditions or restrictions with its obligations
under resolution 687 (1991) and other relevant resolutions and recalling that
the resolutions of the Council constitute the governing standard of Iraqi
compliance,
Recalling that the effective operation of
UNMOVIC, as the successor organization to the Special Commission, and the IAEA
is essential for the implementation of resolution 687 (1991) and other
relevant resolutions,
Noting the letter dated 16 September 2002
from the Minister for Foreign Affairs of Iraq addressed to the
Secretary-General is a necessary first step toward rectifying Iraq’s continued
failure to comply with relevant Council resolutions,
Noting further the letter dated 8 October
2002 from the Executive Chairman of UNMOVIC and the Director-General of the
IAEA to General Al-Saadi of the Government of Iraq laying out the practical
arrangements, as a follow-up to their meeting in Vienna, that are
prerequisites for the resumption of inspections in Iraq by UNMOVIC and the
IAEA, and expressing the gravest concern at the continued failure by the
Government of Iraq to provide confirmation of the arrangements as laid out in
that letter,
Reaffirming the commitment of all Member
States to the sovereignty and territorial integrity of Iraq, Kuwait, and the
neighbouring States,
Commending the Secretary-General and members
of the League of Arab States and its Secretary-General for their efforts in
this regard,
Determined to secure full compliance with
its decisions,
Acting under Chapter VII of the Charter of the
United Nations,
1.
Decides
that Iraq has been and remains in material breach of its
obligations under relevant resolutions, including resolution 687 (1991), in
particular through Iraq’s failure to cooperate with United Nations inspectors
and the IAEA, and to complete the actions required under paragraphs 8 to 13 of
resolution 687 (1991);
2.
Decides,
while acknowledging paragraph 1 above, to afford Iraq, by this resolution, a
final opportunity to comply with its disarmament obligations under relevant
resolutions of the Council; and accordingly decides to set up an enhanced
inspection regime with the aim of bringing to full and verified completion the
disarmament process established by resolution 687 (1991) and subsequent
resolutions of the Council;
3.
Decides
that, in order to begin to comply with its disarmament
obligations, in addition to submitting the required biannual declarations, the
Government of Iraq shall provide to UNMOVIC, the IAEA, and the Council, not
later than 30 days from the date of this resolution, a currently accurate,
full, and complete declaration of all aspects of its programmes to develop
chemical, biological, and nuclear weapons, ballistic missiles, and other
delivery systems such as unmanned aerial vehicles and dispersal systems
designed for use on aircraft, including any holdings and precise locations of
such weapons, components, sub-components, stocks of agents, and related
material and equipment, the locations and work of its research, development
and production facilities, as well as all other chemical, biological, and
nuclear programmes, including any which it claims are for purposes not related
to weapon production or material;
4.
Decides
that false statements or omissions in the declarations
submitted by Iraq pursuant to this resolution and failure by Iraq at any time
to comply with, and cooperate fully in the implementation of, this resolution
shall constitute a further material breach of Iraq’s obligations and will be
reported to the Council for assessment in accordance with paragraphs 11 and 12
below;
5.
Decides
that Iraq shall provide UNMOVIC and the IAEA immediate,
unimpeded, unconditional, and unrestricted access to any and all, including
underground, areas, facilities, buildings, equipment, records, and means of
transport which they wish to inspect, as well as immediate, unimpeded,
unrestricted, and private access to all officials and other persons whom
UNMOVIC or the IAEA wish to interview in the mode or location of UNMOVIC’s or
the IAEA’s choice pursuant to any aspect of their mandates; further decides
that UNMOVIC and the IAEA may at their discretion conduct interviews inside or
outside of Iraq, may facilitate the travel of those interviewed and family
members outside of Iraq, and that, at the sole discretion of UNMOVIC and the
IAEA, such interviews may occur without the presence of observers from the
Iraqi Government; and instructs UNMOVIC and requests the IAEA to resume
inspections no later than 45 days following adoption of this resolution and to
update the Council 60 days thereafter;
6.
Endorses
the 8 October 2002 letter from the Executive Chairman of
UNMOVIC and the Director-General of the IAEA to General Al-Saadi of the
Government of Iraq, which is annexed hereto, and decides that the contents of
the letter shall be binding upon Iraq;
7.
Decides
further that, in view of the prolonged interruption by Iraq of
the presence of UNMOVIC and the IAEA and in order for them to accomplish the
tasks set forth in this resolution and all previous relevant resolutions and
notwithstanding prior understandings, the Council hereby establishes the
following revised or additional authorities, which shall be binding upon Iraq,
to facilitate their work in Iraq:
–
UNMOVIC and the IAEA shall determine the composition of their
inspection teams and ensure that these teams are composed of the most
qualified and experienced experts available;
–
All UNMOVIC and IAEA personnel shall enjoy the privileges and
immunities, corresponding to those of experts on mission, provided in the
Convention on Privileges and Immunities of the United Nations and the
Agreement on the Privileges and Immunities of the IAEA;
–
UNMOVIC and the IAEA shall have unrestricted rights of entry
into and out of Iraq, the right to free, unrestricted, and immediate movement
to and from inspection sites, and the right to inspect any sites and
buildings, including immediate, unimpeded, unconditional, and unrestricted
access to Presidential Sites equal to that at other sites, notwithstanding the
provisions of resolution 1154 (1998);
–
UNMOVIC and the IAEA shall have the right to be provided by
Iraq the names of all personnel currently and formerly associated with Iraq’s
chemical, biological, nuclear, and ballistic missile programmes and the
associated research, development, and production facilities;
–
Security of UNMOVIC and IAEA facilities shall be ensured by
sufficient United Nations security guards;
–
UNMOVIC and the IAEA shall have the right to declare, for the
purposes of freezing a site to be inspected, exclusion zones, including
surrounding areas and transit corridors, in which Iraq will suspend ground and
aerial movement so that nothing is changed in or taken out of a site being
inspected;
–
UNMOVIC and the IAEA shall have the free and unrestricted use
and landing of fixed- and rotary-winged aircraft, including manned and
unmanned reconnaissance vehicles;
–
UNMOVIC and the IAEA shall have the right at their sole
discretion verifiably to remove, destroy, or render harmless all prohibited
weapons, subsystems, components, records, materials, and other related items,
and the right to impound or close any facilities or equipment for the
production thereof; and
–
UNMOVIC and the IAEA shall have the right to free import and
use of equipment or materials for inspections and to seize and export any
equipment, materials, or documents taken during inspections, without search of
UNMOVIC or IAEA personnel or official or personal baggage;
8.
Decides
further that Iraq shall not take or threaten hostile acts
directed against any representative or personnel of the United Nations or the
IAEA or of any Member State taking action to uphold any Council resolution;
9.
Requests
the Secretary-General immediately to notify Iraq of this
resolution, which is binding on Iraq; demands that Iraq confirm within seven
days of that notification its intention to comply fully with this resolution;
and demands further that Iraq cooperate immediately, unconditionally, and
actively with UNMOVIC and the IAEA;
10.
Requests
all Member States to give full support to UNMOVIC and the IAEA
in the discharge of their mandates, including by providing any information
related to prohibited programmes or other aspects of their mandates, including
on Iraqi attempts since 1998 to acquire prohibited items, and by recommending
sites to be inspected, persons to be interviewed, conditions of such
interviews, and data to be collected, the results of which shall be reported
to the Council by UNMOVIC and the IAEA;
11.
Directs
the Executive Chairman of UNMOVIC and the Director-General of
the IAEA to report immediately to the Council any interference by Iraq with
inspection activities, as well as any failure by Iraq to comply with its
disarmament obligations, including its obligations regarding inspections under
this resolution;
12.
Decides
to convene immediately upon receipt of a report in accordance
with paragraphs 4 or 11 above, in order to consider the situation and the need
for full compliance with all of the relevant Council resolutions in order to
secure international peace and security;
13.
Recalls,
in that context, that the Council has repeatedly warned Iraq that it will face
serious consequences as a result of its continued violations of its
obligations;
14.
Decides
to remain seized of the matter.
Annex
Text Of Blix/El-Baradei LetterUnited Nations Monitoring, Verification And Inspection
Commission
The Executive Chairman
International Atomic Energy Agency
The Director General
8 October 2002
Dear General Al-Saadi,
During our recent meeting in Vienna, we discussed practical arrangements that
are prerequisites for the resumption of inspections in Iraq by UNMOVIC and the
IAEA. As you recall, at the end of our meeting in Vienna we agreed on a
statement which listed some of the principal results achieved, particularly
Iraq’s acceptance of all the rights of inspection provided for in all of the
relevant Security Council resolutions. This acceptance was stated to be
without any conditions attached.
During our 3 October 2002 briefing to the Security Council,
members of the Council suggested that we prepare a written document on all of
the conclusions we reached in Vienna. This letter lists those conclusions and
seeks your confirmation thereof. We shall report accordingly to the Security
Council.
In the statement at the end of the meeting, it was clarified
that UNMOVIC and the IAEA will be granted immediate, unconditional and
unrestricted access to sites, including what was termed “sensitive sites” in
the past. As we noted, however, eight presidential sites have been the subject
of special procedures under a Memorandum of Understanding of 1998. Should
these sites be subject, as all other sites, to immediate, unconditional and
unrestricted access, UNMOVIC and the IAEA would conduct inspections there with
the same professionalism.
H.E.
General Amir H. Al-Saadi
Advisor
Presidential Office
Baghdad
Iraq
We confirm our understanding that UNMOVIC and the IAEA have the
right to determine the number of inspectors required for access to any
particular site. This determination will be made on the basis of the size and
complexity of the site being inspected. We also confirm that Iraq will be
informed of the designation of additional sites, i.e. sites not declared by
Iraq or previously inspected by either UNSCOM or the IAEA, through a
Notification of Inspection (NIS) provided upon arrival of the inspectors at
such sites.
Iraq will ensure that no proscribed material,
equipment, records or other relevant items will be destroyed except in the
presence of UNMOVIC and/or IAEA inspectors, as appropriate, and at their
request.
UNMOVIC and the IAEA may conduct interviews with
any person in Iraq whom they believe may have information relevant to their
mandate. Iraq will facilitate such interviews. It is for UNMOVIC and the IAEA
to choose the mode and location for interviews.
The National Monitoring Directorate (NMD) will, as
in the past, serve as the Iraqi counterpart for the inspectors. The Baghdad
Ongoing Monitoring and Verification Centre (BOMVIC) will be maintained on the
same premises and under the same conditions as was the former Baghdad
Monitoring and Verification Centre. The NMD will make available services as
before, cost free, for the refurbishment of the premises.
The NMD will provide free of cost: (a) escorts to
facilitate access to sites to be inspected and communication with personnel to
be interviewed; (b) a hotline for BOMVIC which will be staffed by an English
speaking person on a 24 hour a day/seven days a week basis; (c) support in
terms of personnel and ground transportation within the country, as requested;
and (d) assistance in the movement of materials and equipment at inspectors’
request (construction, excavation equipment, etc.). NMD will also ensure that
escorts are available in the event of inspections outside normal working
hours, including at night and on holidays.
Regional
UNMOVIC/IAEA offices may be established, for example, in Basra and Mosul, for
the use of their inspectors. For this purpose, Iraq will provide, without
cost, adequate office buildings, staff accommodation, and appropriate escort
personnel.
UNMOVIC and the IAEA may use any type of voice or
data transmission, including satellite and/or inland networks, with or without
encryption capability. UNMOVIC and the IAEA may also install equipment in the
field with the capability for transmission of data directly to the BOMVIC, New
York and Vienna (e.g. sensors, surveillance cameras). This will be facilitated
by Iraq and there will be no interference by Iraq with UNMOVIC or IAEA
communications.
Iraq will provide, without cost, physical protection of all
surveillance equipment, and construct antennae for remote transmission of
data, at the request of UNMOVIC and the IAEA. Upon request by UNMOVIC through
the NMD, Iraq will allocate frequencies for communications equipment.
Iraq will provide security for all UNMOVIC and IAEA personnel.
Secure and suitable accommodations will be designated at normal rates by Iraq
for these personnel. For their part, UNMOVIC and the IAEA will require that
their staff not stay at any accommodation other than those identified in
consultation with Iraq.
On the use of fixed-wing aircraft for transport of personnel and equipment and
for inspection purposes, it was clarified that aircraft used by UNMOVIC and
IAEA staff arriving in Baghdad may land at Saddam International Airport. The
points of departure of incoming aircraft will be decided by UNMOVIC. The
Rasheed airbase will continue to be used for UNMOVIC and IAEA helicopter
operations. UNMOVIC and Iraq will establish air liaison offices at the
airbase. At both Saddam International Airport and Rasheed airbase, Iraq will
provide the necessary support premises and facilities. Aircraft fuel will be
provided by Iraq, as before, free of charge.
On the wider issue of air operations in Iraq, both fixed-wing
and rotary, Iraq will guarantee the safety of air operations in its air space
outside the no-fly zones. With regard to air operations in the no-fly zones,
Iraq will take all steps within its control to ensure the safety of such
operations.
Helicopter flights may be used, as needed, during
inspections and for technical activities, such as gamma detection, without
limitation in all parts of Iraq and without any area excluded. Helicopters may
also be used for medical evacuation.
On
the question of aerial imagery, UNMOVIC may wish to resume the use of U-2 or
Mirage overflights. The relevant practical arrangements would be similar to
those implemented in the past.
As before, visas for all arriving staff will be issued at the
point of entry on the basis of the UN Laissez-Passer or UN Certificate; no
other entry or exit formalities will be required. The aircraft passenger
manifest will be provided one hour in advance of the arrival of the aircraft
in Baghdad. There will be no searching of UNMOVIC or IAEA personnel or of
official or personal baggage. UNMOVIC and the IAEA will ensure that their
personnel respect the laws of Iraq restricting the export of certain items,
for example, those related to Iraq’s national cultural heritage. UNMOVIC and
the IAEA may bring into, and remove from, Iraq all of the items and materials
they require, including satellite phones and other equipment. With respect to
samples, UNMOVIC and IAEA will, where feasible, split samples so that Iraq may
receive a portion while another portion is kept for reference purposes. Where
appropriate, the organizations will send the samples to more than one
laboratory for analysis.
We would appreciate your confirmation of the above
as a correct reflection of our talks in Vienna.
Naturally, we may need other practical arrangements
when proceeding with inspections. We would expect in such matters, as with the
above, Iraq’s co-operation in all respect.
Yours sincerely,
(Signed)
(Signed)
Hans Blix
Mohamed ElBaradei
Executive Chairman Director General
United
Nations Monitoring, International Atomic
Energy
Agency
Verification and Inspection Commission.
<http://www.un.int/usa/sres-iraq.htm>
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