December 2009 Iraq Expected Council Action (UN Security Council)
What will Happen?
On December 14th, Iraq's Foreign Minister met with U.S Secretary of State’s Assistant Mr. Jeffrey Feltman and discussed with him bilateral, international, and regional issues.
Both sides reviewed Iraq’s diplomatic efforts to ~
1. extend the protection and immunity of Iraqi funds in the development funds of Iraq for another year.
2. Also discussed ways of releasing Iraq from the provisions of Chapter VII of the Charter of the United Nations.
Minister Zebari explained the motives of terrorist attacks and those who planned and implemented these criminal acts.
Mr. Feltman stressed on the keenness of the American Government in supporting Iraq in the International Arena, and also assisting Iraq in strengthening security and stability and combating terrorism
~link
Foreign Minister, Zebari. Meets Commander of Central Command, and Assistant U.S. Secretary of State (Chapter 7)
FROM THE UNITED NATIONS:
December 2009 Iraq Expected Council Action:
Several issues relating to Iraq are expected to come up in December. They concern the Development Fund for Iraq (DFI) and its independent auditor, the International Advisory and Monitoring Board for Iraq (IAMB). These arrangements, which include immunity provisions relating to the DFI which prevent creditors from being able to seize Iraqi funds or oil shipments, expire on 31 December. At time of writing there was not yet any request by Iraq to have the arrangements extended.
Council members are also expected to continue to discuss the historical Iraq-related resolutions dating from the Saddam Hussein era, but at time of writing no action appeared likely in December 2009.
On 18 November Iraqi Vice President Tariq al-Hashemi announced a veto of Iraq's new election law. (The President and both Vice Presidents have the authority to veto legislation.) Hashemi objected to the allocation of only 5 percent of parliamentary seats to Iraqis living abroad, arguing that it should be increased to 15 percent. The Independent High Electoral Commission (IHEC) halted its preparations for the elections, scheduled for 18 January, saying it would wait for adoption of a revised election law and a presidential decree determining the date of the election. On 8 November the Council of Representatives had passed amendments to the electoral laws to enable elections. Previous attempts to adopt the revisions had stalled due largely to disagreement over voter lists and representation of the ethnically mixed city of Kirkuk.
On 16 November Ad Melkert, the Secretary-General’s Special Representative for Iraq, briefed the Council on the UN Assistance Mission for Iraq (UNAMI). Noting the election assistance that UNAMI had provided to the IHEC, he described the elections as a pivotal event.
Melkert stated that organising a January election would still be possible, although difficult. Recent confidence building measures on disputed internal boundaries might lead to significant progress on that issue, he said. He also noted that the normalisation of Iraq's regional relations is a key priority for UNAMI and that the mission would seek the consent of Iraq and Kuwait to define a mutually agreed agenda for resolving outstanding issues.
The Council approved a presidential statement after the briefing which reaffirmed Council support for UNAMI, and endorsed UNAMI's continued assistance in preparing for national elections. It also welcomed the amendments to the electoral law passed by the Iraqi parliament on 8 November, and underlined the Council's condemnation of the terrorist attacks that occurred in Baghdad on 19 August and 25 October. The statement welcomed the recent visit of UN officials to Iraq for consultations related to Iraq's security and sovereignty.
It encouraged the Secretary-General's efforts on the matter, including the possibility of the Counter-Terrorism Committee Executive Directorate facilitating technical assistance.
In a letter to the Secretary-General dated 30 August and subsequently distributed to Council members, Iraq requested a UN investigation into foreign involvement in attacks carried out in the country. This request came in the wake of coordinated bombings in Baghdad on 19 August.
In his 24 September address to the General Assembly Iraqi President Jalal Talabani again requested an investigation, as well as the appointment of a senior official to evaluate the extent of foreign involvement in attacks in Iraq. In a letter dated 26 October, the day after another set of coordinated bombings occurred in Baghdad, Iraq reiterated its call for a high-level envoy to be dispatched to Iraq and for an investigation into such attacks. The Secretary-General dispatched Assistant Secretary-General for Political Affairs Oscar Fernández-Taranco, who visited Iraq from 1 to 4 November to consult the government on security issues. The Secretary-General has said that such an investigation would require a mandate from the Council.
On 29 October the UN Compensation Commission, which settles damage claims resulting from Iraq's 1990 invasion of Kuwait, dispensed $610 million to ten successful claimants, bringing the total amount disbursed by the Commission to over $28 billion.
On 19 October, Iraq and the US agreed to establish a bilateral coordinating committee to discuss outstanding issues related to historical Council resolutions on Iraq.
Human Rights-Related Developments
On 11 November the Kurdistan Regional Government (KRG) responded to a recent Human Rights Watch (HRW) report which cautioned that Iraq's minorities, including Yazidis, Shabaks, Turkoman and Assyrian Christians, face a "full-blown human rights catastrophe" as a consequence of the territorial dispute between the KRG and the central government in Baghdad. The KRG stated that it was “ready and willing to look into each and every allegation, and … to work on these issues under the legal framework of both the Kurdistan Region and the Republic of Iraq, with the help of HRW and other reputable human rights organisations”.
The Human Rights Council will conduct its Universal Periodic Review of Iraq on 16 February 2010.
Key Issues
A key issue for the Council is whether to renew the DFI and IAMB arrangements and the associated immunity provisions. A related question in this regard is the timing and nature of any request from Baghdad.
An overarching issue is the Iraqi concern that Council resolutions adopted during Saddam Hussein’s regime be rescinded. The review of these resolutions involves sensitive and interrelated issues.
Another issue is the veto of the election law, which casts doubt on whether elections could still be held in January as stipulated by the country's constitution. A delay could have implications not only for UNAMI but also for the planned withdrawals of US combat troops in 2010. This will form part of the backdrop to the Council's consideration of Iraq in December.
Options include:
1. allowing financial immunities for the DFI and IAMB arrangements to expire;
2. extending financial immunities for the DFI and IAMB arrangements for another year, if requested by Iraq;
3. limiting the extension of financial immunities for the DFI and IAMB arrangements, and allowing them to expire after Iraqi national elections have taken place;
4. addressing one or more of the other historical resolutions related to Iraq at the same time action is taken on the DFI and the IAMB;
5. stressing the importance of Iraq holding elections before the end of January, in accordance with its constitution; and taking up the request by Iraq for an investigation into foreign involvement in attacks carried out in the country.
Council and Wider Dynamics
At time of writing Iraq had not formally requested that immunities associated with the DFI be extended. However, some Council members view such a request as likely. If such a request is received, members feel that an extension of some sort is likely, though perhaps for a period shorter than 12 months. (SEE BEGINNING OF POST?)
Overall, most Council members do not see any real possibility of action on the historical resolutions in December. These resolutions can be broadly divided into three categories:
Iraq/Kuwait issues; disarmament issues; and issues relating to the DFI, IAMB and Oil-for-Food programme. There appears to be growing consensus among Council members that more effort is required on the part of Iraq to resolve outstanding issues related to Kuwait. Some issues, such as those pertaining to the Iraq/Kuwait border, are viewed as areas in which it would be relatively easy for Iraq to make some progress.
Council members perceive that the upcoming elections are contributing to some reluctance by the Iraq government to be seen as making concessions to Kuwait.
Most Council members share Iraq's concerns about security issues in the lead up to elections. However, there is some reluctance about the Iraqi call for a UN investigation into foreign involvement in attacks carried out in the country. Some members believe that the call for an investigation is linked to Iraq/Syria relations, and there is a need to give careful thought to impacts on regional stability.
Members generally support the UNAMI initiative to try to assist Iraq and Kuwait to resolve outstanding issues.
The US is the lead country on Iraq issues in general, and the UK is the lead on Iraq/Kuwait issues.
UN Documents ~
Selected Security Council Resolutions
(To access the following go to the link provided @ bottom and select)
S/RES/1859 (22 December 2008) extended the arrangements for the DFI and the IAMB until 31 December 2009 and requested the Secretary-General to report on all Council resolutions concerning Iraq since 1990; a letter from Iraq requesting the lifting of Saddam-era resolutions is included as an annex to the resolution.
S/RES/1483 (22 May 2003) established sanctions against the previous Iraqi government, created the DFI, provided immunity to Iraqi petroleum products and envisaged the termination of the oil-for-food programme.
Selected Presidential Statement
S/PRST/2009/30 (16 November 2009) reaffirmed support for UNAMI.
Selected Meeting Records
S/PV.6218 and S/PV.6219 (16 November 2009) encompass the latest briefing on UNAMI.
Latest Secretary-General's Reports
S/2009/585 (11 November 2009) was on UNAMI.
S/2009/539 (16 October 2009) was on Kuwaiti missing persons and property.
S/2009/430 (24 August 2009) was on the DFI and the IAMB.
S/2009/385 (27 July 2009) was on the review of Iraq resolutions.
Selected Letter
S/2009/573 (3 November 2009) conveyed a 26 October 2009 letter from Iraq to the Secretary-General which reiterated the Iraqi request for a high-level international envoy to assess the extent of foreign involvement in attacks in Iraq.
PDF File 6218th meeting (1883) Nov. 16th ~
http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/Iraq%20S%20PV%206218.pdfPDF File 6219th (1883) Nov. 16th ~
http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/Iraq%20S%20PV%206219.pdffor all links ~
http://www.securitycouncilreport.org/site/c.glKWLeMTIsG/b.5614715/k.9760/December_2009brIraq.htm
Mar Dic 15, 2009 10:09 am