Abstract
With the end of the war in Iraq, the world awaits
post war events that will determine the future of Iraq, the stability of the
region and, to some extent, that of the world itself.1
Today, the United Nations Security Council adopted a new resolution on Iraq
that allows for the Coalition powers governance of
Iraq during the country's reconstruction. Even if you are completely
apolitical, this is a very big deal.
U.N. Security Council Resolution 1483 presents a comprehensive plan for the
reconstruction of Iraq, and its return to self-government. France,
Russia and Germany, who steadfastly opposed the war in Iraq appear to be
seeking reconciliation with the U.S. and Britain, after opposing the entirety of
the war effort that has resulted in the removal of Saddam Hussein. The
resolution also calls on UN Secretary-General Kofi Annan to appoint a
Special Representative, who will work with coalition partners in setting up a
government infrastructure.2
This resolution removes the sanctions enacted against Iraq as a punitive
measure during the reign of Saddam Hussein, and which exacted a terrible toll on the
Iraqi people. The removal of the sanctions will allow Iraq to resume sale
of its oil on the world market, providing desperately needed capital for the
rebuilding of the country. Support for the resolution by France, Russia
and Germany came, in the last few days, after language was added to the
resolution specifically protecting their respective contracts and assets in
Iraq.3
The resolution was adopted by the U.N. Security Council by a vote of 14 to
0, with Syria absent from the meeting.1
This transcript was obtained directly from the United Nations website, and
has been formatted and linked for presentation on E2 by GrouchyOldMan.
All formatting is intended to mimic that of the original document. Typos will
gladly be corrected.
Transcript Begins4
United Nations Security Council S/2003/1483
Provisional
21 May 2003
Original English
210504 (EE)
The Security Council,
Recalling all its previous relevant resolutions,
Reaffirming the sovereignty and territorial integrity of Iraq,
Reaffirming also the importance of the disarmament of Iraqi
weapons of mass destruction and of eventual confirmation of the disarmament of Iraq,
Stressing the right of the Iraqi people freely to determine their own
political
future and control their own natural resources, welcoming the commitment of
all
parties concerned to support the creation of an environment in which they may
do so
as soon as possible, and expressing resolve that the day when Iraqis govern
themselves must come quickly,
Encouraging efforts by the people of Iraq to form a representative government
based on the rule of law that affords equal rights and justice to all
Iraqi
citizens
without regard to ethnicity, religion, or gender, and, in this connection,
recalls
resolution 1325 (2000) of 31 October
2000,
Welcoming the first steps of the Iraqi people in this regard, and noting in
this
connection the 15 April 2003 Nasiriyah statement and the 28 April 2003 Baghdad
statement,
Resolved that the United Nations should play a vital role in humanitarian
relief,
the reconstruction of Iraq, and the restoration and establishment of
national
and local institutions for representative governance,
Noting the statement of 12 April 2003 by the Ministers of Finance and Central
Bank Governors of the Group of Seven Industrialized Nations in which the
members
recognized the need for a multilateral effort to help rebuild and develop
Iraq and for
the need for assistance from the International Monetary Fund and the World Bank in
these efforts,
Welcoming also the resumption of humanitarian assistance and the continuing
efforts of the Secretary -General and the specialized agencies to provide
food and
medicine to the people of Iraq,
Welcoming the appointment by the Secretary -General of his Special Adviser on
Iraq,
Affirming the need for accountability for crimes and atrocities committed by
the previous Iraqi regime,
Stressing the need for respect for the archaeological, historical,
cultural,
and
religious heritage of Iraq, and for the continued protection of archaeological,
historical, cultural, and religious sites, museums, libraries, and
monuments,
Noting the letter of 8 May 2003 from the Permanent Representatives of the
United States of America and the United Kingdom of Great Britain and
Northern Ireland
to the Pres ident of the Security Council (S/2003/538) and
recognizing the
specific authorities, responsibilities, and obligations under applicable
international
law of these states as occupying powers under unified command (the
"Authority"),
Noting further that other States that are not occupying powers are working
now
or in the future may work under the Authority,
Welcoming further the willingness of Member States to contribute to stability
and security in Iraq by contributing personnel, equipment, and other
resources under
the Authority,
Concerned that many Kuwaitis and Third -State Nationals still are not
accounted for since 2 August 1990,
Determining that the situation in Iraq, although improved, continues to
constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Appeals to Member States and concerned organizations to assist the
people of Iraq in their efforts to reform their institutions and rebuild
their country,
and to contribute to conditio ns of stability and security in Iraq in
accordance with
this resolution;
2. Calls upon all Member States in a position to do so to respond
immediately to the humanitarian appeals of the United Nations and other
international organizations for Iraq and to help meet the humanitarian and
other
needs of the Iraqi people by providing food, medical supplies, and resources
necessary for reconstruction and rehabilitation of Iraq’s economic infrastructure;
3. Appeals to Member States to deny safe haven to those me mbers of the
previous Iraqi regime who are alleged to be responsible for crimes and
atrocities and
to support actions to bring them to justice;
4. Calls upon the Authority, consistent with the Charter of the United
Nations
and other relevant international law, to promote the welfare of the
Iraqi
people through the effective administration of the territory, including in
particular
working towards the restoration of conditions of security and stability and
the
creation of conditions in which the Iraqi people can freely determine their
own
political future;
5. Calls upon all concerned to comply fully with their obligations under
international law including in particular the Geneva Conventions of 1949 and
the
Hague Regulations of 1907;
6. Calls upon the Authority and relevant organizations and individuals to
continue efforts to locate, identify, and repatriate all Kuwaiti and Third
-State
Nationals or the remains of those present in Iraq on or after 2 August 1990,
as well as the Kuwaiti archives, that the previous Iraqi regime failed to undertake,
and, in
this regard, directs the High-Level Coordinator, in consultation with the
International Committee of the Red Cross and the Tripartite Commission and
with
the appropriate support of the people of Iraq and in coo rdination with the
Authority,
to take steps to fulfil his mandate with respect to the fate of Kuwaiti and
Third -State
National missing persons and property;
7. Decides that all Member States shall take appropriate steps to facilitate
the safe return to Iraqi institutions of Iraqi cultural property and other
items of
archaeological, historical, cultural, rare scientific, and religious
importance illegally
removed from the Iraq National Museum, the National Library, and other
locations
in Iraq since the adopt ion of resolution 661 (1990) of 6 August 1990,
including by establishing a prohibition on trade in or transfer of such items and items
with respect
to which reasonable suspicion exists that they have been illegally removed,
and
calls upon the United Nations Educational, Scientific, and Cultural
Organization,
Interpol, and other international organizations, as appropriate, to assist in
the
implementation of this paragraph;
8. Requests the Secretary -General to appoint a Special Representative for
Iraq whose independent responsibilities shall involve reporting regularly to
the
Council on his activities under this resolution, coordinating activities of
the United
Nations in post-conflict processes in Iraq, coordinating among United Nations
and
international agencies engaged in humanitarian assistance and reconstruction
activities in Iraq, and, in coordination with the Authority, assisting the
people of
Iraq through
(a) coordinating humanitarian and reconstruction assistance by United
Nations agencies and between United Nations agencies and non-governmental organizations;
(b) promoting the safe, orderly, and voluntary return of refugees and
displaced persons;
(c) working intensively with the Authority, the people of Iraq, and others
concerned to advance efforts to restore and establish national and local
institutions
for representative governance, including by working together to facilitate a
process
leading to an internationally recognized, representative government of Iraq;
(d) facilitating the reconstruction of key infrastructure, in cooperation
with
other international organizations;
(e) promoting economic reconstruction and the conditions for sustainable
development,
including through coordination with national and regional
organizations, as appropriate, civil society, donors, and the international
financial
institutions;
(f) encouraging international efforts to contribute to basic civilian
administration functions;
(g) promoting the protection of human rights;
(h) encouraging international efforts to rebuild the capacity of the Iraqi
civilian police force; and
(i) encouraging international efforts to promote legal and judicial reform;
9. Supports the formation, by the people of Iraq with the help of the
Authority and working with the Special Representative, of an Iraqi interim
administration as a transitional administration run by Iraqis, until an
internationally
recognized, representative government is established by the people of Iraq
and
assumes the responsibilities of the Authority;
10. Decides that, with the exception of prohibitions related to the sale or
supply to Iraq of arms and related materiel other than those arms and related
materiel required by the Authority to serve the purposes of this and other
related
resolutions, all prohibitio ns related to trade with Iraq and the provision
of financial
or economic resources to Iraq established by resolution 661 (1990) and
subsequent
relevant resolutions, including resolution 778 (1992) of 2 October 1992,
shall no longer apply;
11. Reaffirms that Iraq must meet its disarmament obligations, encourages
the United Kingdom of Great Britain and Northern Ireland and the United
States of
America to keep the Council informed of their activities in this regard, and
underlines the intention of the Council to revisit the mandates of the United
Nations
Monitoring, Verification, and Inspection Commission and the International
Atomic
Energy Agency as set forth in resolutions 687 (1991) of 3 April 1991,
1284
(1999)
of 17 December 1999, and 1441 (2002) of 8 November 2002;
12. Notes the establishment of a Development Fund for Iraq to be held by the
Central Bank of Iraq and to be audited by independent public accountants
approved
by the International Advisory and Monitoring Board of the Development Fund
for
Iraq and looks forward to the early meeting of that International Advisory
and
Monitoring Board, whose members shall include duly qualified representatives
of
the Secretary -General, of the Managing Director of the International
Monetary
Fund,
of the Director-General of the Arab Fund for Social and Economic
Development, and of the President of the World Bank;
13. Notes further that the funds in the Development Fund for Iraq shall be
disbursed at the direction of the Authority, in consultation with the Iraqi
interim
administration, for the purposes set out in paragraph 14 below;
14. Underlines that the Development Fund for Iraq shall be used in a
transparent manner to meet the humanitarian needs of the Iraqi people, for
the
economic reconstruction and repair of Iraq’s infrastructure, for the
continued
disarmament of Iraq, and for the costs of Iraqi civilian administration, and
for other
purposes benefiting the people of Iraq;
15. Calls upon the international financial institutions to assist the people
of
Iraq in the reconstruction and development of their economy and to facilitate
assistance by the broader donor community, and welcomes the readiness of
creditors,
including those of the Paris Club, to seek a solution to Iraq’s sovereign
debt
problems;
16. Requests also that the Secretary -General, in coordination with the
Authority, continue the exercise of his responsibilities under Security
Council resolution 1472 (2003) of 28 March 2003 and
1476 (2003) of
24 April 2003, for
a period of six months following the adoption
of this resolution, and terminate
within this time period, in the
most cost effective manner, the ongoing operations
of the
"Oil-for-Food" Programme (the "Programme"), both at
headquarters level and in the
field, transferring responsibility for the administration of any remaining
activity under the
Programme to the Authority, including by taking the following
necessary measures
(a) to facilitate as soon as possible the shipment and authenticated delivery
of priority civilian goods as identified by the Secretary -General and
representatives
designated by him, in coordination with the Authority and the Iraqi interim
administration, under approved and funded contracts previously concluded by
the
previous Government of Iraq, for the humanitarian relief of the people of
Iraq,
including, as necessary, negotiating adjustments in the terms or conditions
of these
contracts and respective letters of credit as set forth in paragraph 4 (d) of
Security
Council resolution 1472 (2003) ;
(b) to review, in light of changed circumstances, in coordination with the
Authority and the Iraqi interim administration, the relative utility of each
approved
and funded contract with a view to determining whether such contracts contain
items required to meet the needs of the people of Iraq both now and during
reconstruction, and to postpone action on those contracts determined to be of
questionable utility and the respective letters of credit until an
internationally
recognized, representative government of Iraq is in a position to make its
own
determination as to whether such contracts shall be fulfilled;
(c) to provide the Security Council within 21 days following the adoption of
this resolution, for the Security Council’s review and consideration, an
estimated
operating budget based on funds already set aside in the account established
pursuant to paragraph 8 (d) of resolution 986 (1995) of 14 April 1995,
identifying
(i) all known and projected costs to the United Nations required to ensure
the continued functioning of the activities associated with implementation of
the present resolution, including operating and administrative expenses
associated with the relevant United Nations agencies and programmes
responsible for the implementation of the Programme both at Headquarters and
in the field;
(ii) all known and projected costs associated with termination of the
Programme;
(iii) all known and projected costs associated with restoring Government of
Iraq funds that were provided by Member States to the Secretary -General as
requested in paragraph 1 of resolution 778
(1992); and
(iv) all known and projected costs associated with the Special Representative
and the qualified representative of the Secretary- General identified to
serve on
the International Advisory and Monitoring Board, for the six month time
period defined above, following which these costs shall be borne by the
United
Nations;
(d) to consolidate into a single fund the accounts established pursuant to
paragraphs 8 (a) and 8 (b) of resolution 986
(1995);
(e) to fulfil all remaining obligations related to the termination of the
Programme, including negotiating, in the most cost effective manner, any
necessary
settlement payments, which shall be made from the escrow accounts established
pursuant to paragraphs 8 (a) and 8 (b) of resolution 986 (1995),
with those
parties that previously have entered into contractual obligations with the Secretary
-General
under the Programme, and to determine, in coordination with the Authority and
the Iraqi interim administration, the
future status of contracts undertaken by
the United
Nations and related United Nations agencies under the accounts established
pursuant
to paragraphs 8 (b) and 8 (d) of resolution 986
(1995);
(f) to provide the Security Council, 30 days prior to the termination of the
Programme, with a comprehensive strategy developed in close coordination with
the
Authority and the Iraqi interim administration that would lead to the
delivery of all
relevant documentation and the transfer of all operational responsibility of
the
Programme to the Authority;
17. Requests further that the Secretary -General transfer as soon as possible
to
the Development Fund for Iraq 1 billion United States dollars from
unencumbered
funds in the accounts established pursuant to paragraphs 8 (a) and 8 (b)
of
resolut ion 986 (1995), restore
Government of Iraq funds that were provided by Member
States
to the Secretary -General as requested in paragraph 1 of
resolution 778 (1992), and
decides that, after deducting all relevant United Nations expenses associated
with
the shipment of authorized contracts and costs to the Programme outlined in
paragraph 16 (c) above, including residual obligations, all surplus funds in
the
escrow accounts established pursuant to paragraphs 8 (a), 8 (b), 8 (d), and 8
(f) of
resolution 986 (1995) shall be
transferred at the earliest possible time to
the
Development Fund for Iraq;
18. Decides to terminate effective on the adoption of this resolution the
functions related to the observation and monitoring activities undertaken by
the
Secretary -General under the Programme, including the monitoring of the
export of
petroleum and petroleum products from Iraq;
19. Decides to terminate the Committee established pursuant to paragraph 6
of resolution 661 (1990) at the conclusion
of the six month period called for
in paragraph 16 above and further decides
that the Committee shall identify
individuals
and entities referred to in paragraph 23 below;
20. Decides that all export sales of petroleum, petroleum products, and
natural gas from Iraq following the date of the adoption of this resolution
shall be
made consistent with prevailing international market best practices, to be
audited by
independent public accountants reporting to the International Advisory and
Monitoring Board referred to in paragraph 12 above in order to ensure
transparency,
and decides further that, except as provided in paragraph 21 below, all
proceeds
from such sales shall be deposited into the Development Fund for Iraq until
such
time as an internationally recognized, representative government of Iraq is
properly
constituted;
21. Decides further that 5 percent of the proceeds referred to in paragraph
20
above shall be deposited into the Compensation Fund established in accordance
with
resolution 687 (1991) and subsequent
relevant resolutions and that, unless an internationally recognized, representative
government of Iraq and the
Governing Council of the
United Nations Compensation Commission, in the exercise of its
authority over methods of ensuring that payments are made into the Comp
ensation
Fund, decide otherwise, this requirement shall be binding on a properly
constituted,
internationally recognized, representative government of Iraq and any
successor
thereto;
22. Noting the relevance of the establishment of an internationally
recognized, representative government of Iraq and the desirability of prompt
completion of the restructuring of Iraq’s debt as referred to in paragraph
15 above,
further decides that, until December 31, 2007, unless the Council decides
otherwise,
petroleum, petroleum products, and natural gas originating in Iraq shall be
immune,
until title passes to the initial purchaser from legal proceedings against
them and not
be subject to any form of attachment, garnishment, or execution, and that all
States
shall take any steps that may be necessary under their respective domestic
legal
systems to assure this protection, and that proceeds and obligations arising
from
sales thereof, as well as the Development Fund for Iraq, shall enjoy
privileges and
immunities equivalent to those enjoyed by the United Nations except that the
above -
mentioned privileges and immunities will not apply with respect to any legal
proceeding in which recourse to such proceeds or obligations is necessary to
satisfy
liability for damages assessed in connection with an ecological accident,
including
an oil spill, that occurs after the date of adoption of this resolution;
23. Decides that all Member States in which there are
(a) funds or other financial assets or economic resources of the previous
Government of Iraq or its state bodies, corporations, or agencies, located
outside Iraq as of the date of this resolution, or
(b) funds or other financial assets or economic resources that have been
removed from Iraq, or acquired, by Saddam Hussein or other senior officials
of
the former Iraqi regime and their immediate family members, including
entities owned or controlled, directly or indirectly, by them or by persons
acting on their behalf or at their direction, shall freeze without
delay those funds or other financial assets or economic
resources and, unless these funds or other financial assets or economic
resources are
themselves the subject of a prior judicial, administrative, or arbitral lien
or
judgment, immediately shall cause their transfer to the Development Fund for
Iraq,
it being understood that, unless otherwise addressed, claims made by private
individuals or non-government entities on those transferred funds or other
financial
assets may be presented to the internationally recognized, representative
government
of Iraq; and decides further that all such funds or other financial assets or
economic
resources shall enjoy the same privileges, immunities, and protections as
provided
under paragraph 22;
24. Requests the Secretary- General to report to the Council at regular
intervals on the work of the Special Representative with respect to the
implementation of this resolution and on the work of the International
Advisory and
Monitoring Board and encourages the United Kingdom of Great Britain and
Northern Ireland and the United States of America to inform the Council at
regular
intervals of their efforts under this resolution;
25. Decides to review the implementation of this resolution within twelve
months of adoption and to consider further steps that might be necessary.
26. Calls upon Member States and international and regional organizations to
contribute to the implementation of this resolution;
27. Decides to remain seized of this matter.
Transcript Ends4
Postscript
Serious topics deserve serious discussion. Towards that end, this
article presents the original source text for the reader to form his or her
own opinion. I believe that it has a historical relevance, and that the only
unbiased source is the original source.
Upvotes welcomed, constructive criticism welcomed as well. Typos
and pesty grammatical problems especially welcomed. If you have a
problem with the posting of historical transcripts per se, please take it up
with The Management as I always abide by their editorial judgment.
I don't intend this work to be a personal statement of my opinion of the
events described. If you have comments on the resolution itself, please
node them for everyone's benefit.
===================&===================
Sources
1 Security Council adopts resolution on
interim arrangements, UN role in Iraq
http://www.un.org/apps/news/story.asp?NewsID=7162&Cr=iraq&Cr1=
2 Iraq Sanctions Set to End, France
Seeks Unity
Thu May 22, 2003 07:39 AM ET By Irwin
Arieff
http://asia.reuters.com/newsArticle.jhtml?type=topNews&storyID=2792039
3 Analysis: New UN role after Iraq war
http://news.bbc.co.uk/1/hi/world/middle_east/3050179.stm
4 Resolution 1483 transcript PDF
file:
http://www.un.org/News/dh/iraq/iraq-blue-res-052103en.pdf