The
United States and Britain circulated the following draft U.N. resolution on
Iraq to Security Council members today. The date in section 5(a)(i) is
incomplete, as in the distributed text.
The Security Council,
Recalling its previous relevant resolutions
on Iraq, in particular resolutions 1483 (2003) and 1511 (2003),
Reaffirming the sovereignty and territorial integrity of Iraq,
Recognizing the importance of international support, particularly that of
countries in the region, Iraq's neighbors and regional organizations, for the
people of Iraq in their efforts to achieve security and prosperity,
Determined to mark a new phase in Iraq's transition to a democratically
elected government, and looking forward, to this end, to the end of the
occupation and the assumption of authority by a sovereign Interim Government
of Iraq by 30 June 2004,
Welcoming the ongoing efforts of the Special Adviser to the Secretary-General
to assist the people of Iraq in achieving the formation of a sovereign Interim
Government of Iraq,
Welcoming the progress made in implementing the arrangements for Iraq's
political transition referred to in resolution 1511 (2003),
Affirming the importance of the principles of rule of law, including respect
for human rights and fundamental freedoms, and of democracy, including free
and fair elections.
Recalling the establishment of the United Nations Assistance Mission for Iraq
(UNAMI) on 15 August 2003, and determined that the United Nations should play
a leading role in assisting the Iraqi people in the formation of institutions
for representative government,
Recognizing that international support for restoration of stability and
security is essential to the well-bring of the people of Iraq as well as to
the ability of all concerned to carry out their work on behalf of the people
of Iraq, and welcoming Member State contribution in this regard under
resolution 1483 (2003) of 22 May 2003 and resolution 1511 (2003) of 16 October
2003,
Recalling the report provided to the Security Council on 16 April 2004 under
resolution 1511 (2003) on the efforts and progress made by the multinational
force authorized under that resolution, welcoming the willingness of the
multinational force to continue efforts to contribute to the maintenance of
security and stability in Iraq in support of the political transition,
especially for upcoming elections, and to provide security for the UN presence
in Iraq, as further described in the letter to the President of the Security
Council and recognizing the importance of the consent of the sovereign
government of Iraq for the presence of the multinational force and of close
coordination between the multinational force and that government,
Noting that the multinational force will operate in accordance with generally
accepted principles of international law and cooperate with relevant
international organizations,
Affirming the importance of international assistance in reconstruction and
development of the Iraqi economy,
Recognizing the benefits to Iraq of the immunities and privileges enjoyed by
Iraqi oil revenues and by the Development Fund for Iraq, and noting the
importance of providing for continued disbursements of this fund by the
Interim Government of Iraq and its successors upon dissolution of the
Coalition Provisional Authority,
Determining that the situation in Iraq continues to constitute threat to
international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Endorses the formation of a sovereign Interim Government of Iraq that will
take office by 30 June 2004;
2. Welcomes the commitment of the occupying powers to end the occupation by 30
June 2003, at which time the Coalition Provisional Authority will cease to
exist and the Interim Government of Iraq will assume responsibility and
authority for governing a sovereign Iraq;
3. Endorse the proposed timetable for Iraq's political transition to
democratic government, including:
a. formation of a sovereign Interim Government of Iraq that will assume
governing authority by 30 June 2004:
b. convening of a national conference; and
c. holding direct democratic elections by 31 December 2004 if possible, and in
no case later than 31 January 2005, to a Transitional National Assembly which
will, inter alia, have responsibility for drafting a permanent constitution
for Iraq under which democratic elections to a national government will be
held;
4. Calls on all Iraqis to implement these arrangements peaceably and in full,
and on all States and relevant organizations to support such implementation;
5. Decides that, in implementing its mandate to assist the Iraqi people, the
Special Representative of the Secretary General and the United Nations
Assistance Mission for Iraq (UNAMI)
a. shall in particular:
i. assist in convening, no later than XX XX 2004, of a national conference to
select a Consultative Council;
ii. advise and support the Interim Government of Iraq and the Transitional
National Assembly, as required on the process for holding elections;
iii. promote national dialogue and consensus-building on the drafting of a
national constitution by the people of Iraq; and
b. shall as circumstances permit:
i. advise the Interim Government of Iraq in the development of effective civil
and social services;
ii. contribute to the coordination and delivery of reconstruction, development
and humanitarian assistance;
iii. promote the protection of human rights, national reconciliation, and
judicial and legal reform in order to strengthen the rule of law in Iraq; and
iv. advise and assist the Interim Government of Iraq on initial planning for
the eventual conduct of a comprehensive census;
6. Reaffirms the authorization for the multinational force under unified
command established under resolution 1511 (2003) and having regard to the
letter referred to in preambular paragraph 10 above, decides that the
multinational force shall have authority to take all necessary measures to
contribute to the maintenance of security and stability in Iraq including by
preventing and deterring terrorism, so that inter alia the United Nations can
fulfill its role in assisting the Iraqi people as outlined in paragraph five
above and the Iraqi people can implement freely and without intimidation the
timetable and program for the political process and benefit from
reconstruction and rehabilitation activities, and decide further that the
mandate for the multinational force shall be reviewed 12 months from the date
of this resolution or at the request of the Transitional Government of Iraq;
7. Notes the creation by the multinational force of a distinct entity within
the multinational force and under its unified command with a dedicated mission
to provide security for the UN presence in Iraq and requests Member State and
relevant organizations to provide resources to support that entity;
8. Recognizes that the multinational force will also assist in building the
capability of the Iraqi security forces and institutions, through a program of
recruitment, training,m equipping, mentoring and monitoring, to enable the
Iraqi forces progressively to play a greater role in creating condition of
security and stability in Iraq and welcomes in that regard the arrangements
that are being put in place to establish a partnership between multinational
force and the sovereign Interim Government of Iraq and to ensure coordination
between the two;
9. Requests Member States and international and regional security
organizations to contribute assistance to the multinational force, including
military forces, to help meet the needs of the Iraqi people for security and
stability, humanitarian and reconstruction assistance, and to support the
efforts of UNAMI;
10. Emphasizes the importance of developing effective Iraqi police, border,
enforcement and Facilities Protection Service for the maintenance of law,
order and security, including combating terrorism and requests Member States
and international organizations to assist the Interim Government of Iraq in
building the capability of these Iraqi institutions;
11. Condemns all acts of terrorism in Iraq, and decides that in accordance
with their obligations under resolutions 1373 (2001), 1267 (1999), 1333
(2000), 1390 (2002), 1455 (2003) and 1526 (2004) and with other relevant
international obligations, all States shall take immediate and necessary
steps, inter alia, to freeze funds and other financial assets or economic
resources of relevant individuals and entities, to prevent the entry into or
transit through their terrorists of relevant individuals, to prevent the entry
into or transit through their territories of relevant individuals, to prevent
the direct or indirect supply, sale or transfer of arms and related material
to relevant individuals and entities, to prevent individuals and entities from
using their respective territories for the purpose of financing, planning,
facilitating or committing terrorist acts against Iraq or its citizens and to
ensure that such individuals are brought to justice;
12. Welcomes efforts by Member States to support the Interim Government of
Iraq through the provision of technical and expert assistance;
13. Decides that the prohibitions related to the sale or supply to Iraq of
arms and related material under previous resolutions shall not apply to arms
or related material required by the multinational force or the sovereign
government of Iraq to serve the purpose of this resolution, calls upon the
multinational force and the sovereign government of Iraq each to ensure
appropriate implementation procedures are in place, and stresses the
importance for all States, particularly Iraq's neighbors, to strictly abide by
them;
14. Reiterates its request that Member States, international financial
institutions and other organizations strengthen their efforts to assist the
people of the Iraqi economy, including by providing international experts and
necessary resources through a coordinated program of donor assistance;
15. Notes that upon dissolution of the Coalition Provisional Authority that
funds in the Development Fund for Iraq shall be disbursed at the direction of
the Interim Government of Iraq and its successors, and decides that the
Development Fond for Iraq shall be utilized in a transparent manner and
through the Iraqi budget including to satisfy outstanding obligations against
the Development Fund for Iraq, that the arrangements for depositing of
proceeds from export sales of petroleum, petroleum products, and natural gas
and its products established in paragraph 20 of resolution 1483 (2003) shall
continue to apply, that the International Advisory and Monitoring Board
referred to in resolution 1483 (2003) shall continue its activities in
monitoring the Development Fund for Iraq and shall include as an additional
member a duly qualified representative of the sovereign government of Iraq and
that the provisions above shall be reviewed no later than 12 months from the
date of this resolution or at the request of the Transitional Government of
Iraq, and that appropriate arrangements shall be made for the continuation of
deposits of the proceeds referred to in paragraph 21 of resolution 1483
(2003);
16. Decides that in connection with the dissolution o the Coalition of
Provisional Authority, the Interim Government of Iraq and its successors shall
assume the rights, responsibilities and obligations relating to the Oil for
Food Programme that were transferred to the Authority pursuant to Resolution
1483 (2003), including all operational responsibility for the Programme and
any obligations undertaken by the Authority in connection with such
responsibility, and responsibility for ensuring independently authenticated
confirmation that goods have been delivered, and further decides that,
following a 120 day transition period, the Interim Government of Iraq and its
successors shall assume responsibility for certifying delivery of goods under
contracts, prioritized in accordance with that resolution and that such
certification shall be deemed to constitute the independent authentication
required for the release of funds associated with such contracts;
17. Further decides that the provision of paragraph 22 of resolution 1483
(2003) shall continue to apply, except that the privileges and immunities
provided in that paragraph shall not apply with respect to any claim arising
out of an obligation entered into by Iraq after 30 June 2004;
18. Welcomes the commitment of creditors, including those of the Paris Club,
to identify ways to reduce substantially Iraq's sovereign debt, urges the
international financial institutions and bilateral donors to take immediate
steps to provide their full range of loans and other financial assistance to
Iraq, recognizes, that the Interim Government of Iraq has the authority to
conclude and implement such agreements as may be necessary in this regard and
requests creditors, institutions and donors to work as a priority on these
matters with the Interim Government of Iraq;
19. Recalls the continuing obligation of Member States to freeze and transfer
certain funds, assets and economic resources to the Development Fund for Iraq
in accordance with paragraph 23 of resolution 1483 (2003);
20. Calls upon all Member States to take appropriate steps within their
respective legal systems to stay for a period of 12 months from 30 June 2004
all legal and other similar proceedings before their courts or other tribunals
involving claims by or against the State of Iraq, its Government, or any of
its agencies or instrumentalities, including the State-owned enterprises or
similar bodies;
21. Requests the Secretary -General to report to the Security Conch within
three months from the date of this resolution on UNAMI operations in Iraq, and
on a quarterly bases thereafter on the progress made toward national elections
and fulfillment of all UNAMI's responsibilities;
22. Decides to remain actively seized of this matter.