Chapter 7 with Iraqi Foreign Minister Hoshyar Zebari
http://www.fsrn.org/audio/audio-tag-title-raw/5100
Q) What are the latest developments in the dossier of the sanctions on Iraq under the UN Charter's Chapter 7 and have you made progress during your visit to New York and meetings with UN officials?
A) UNSC Resolution 1859 which it issued at the end of 2008 ended the mandate of the multinational forces and protected Iraqi assets partially from Chapter 7, which concerned the development fund. But the other paragraph concerns the binding practical clauses. One of the clauses that we negotiated at length was Iraq's demand to review all the UN resolutions imposed on it under Chapter 7 on the basis that this review should be made in coordination and consultation between the Iraqi Government and UN Secretary General Ban Ki-moon so as to take stock of these resolutions and thus enable Iraq to get out of Chapter 7's rules and restore its international and legal status in the world. We embarked on political, technical, and legal talks before few days with the UN secretary general and the secretariat general's experts from the Iraqi desk and from all the concerned agencies and bodies. Our team was a complete technical and legal one. It became evident to us that our country is governed by 73 UN resolutions under Chapter 7 and this is a record number compared to the other countries in the world.
Q) What year do these resolutions date back to?
A) Since 1990 to this day. The task is massive and mighty. We are at the beginning of our work here and our aim is to restore Iraq's sovereignty and freedom in full. Without getting rid of these resolutions, Iraq will not be fully independent and this is one of the central objectives of the government and ministry.
Q) Do you feel that you are getting close to this objective?
A) The secretary general will present his report to the UNSC next week. It will be a descriptive report on the actual situation but will not present clear and specific recommendations. What we did was to ask for the report to include some observations about the next stage. We do not want a report for its own sake. The other thing is that we asked that there should be results once the report has been distributed to the UNSC members and discussed over several weeks. The UNSC members ought to adopt it and turn it into a plan of action. This is what we have basically asked for from the Americans since they are a permanent member and pledged in the forces' withdrawal agreement to help Iraq get out of Chapter 7. We also sensed an understanding primarily from France and Britain of this issue. We met the representatives of the UNSC's 15 members and explained the Iraqi position.
We concluded that there is a very good intention in the UNSC concerning Iraq's demands. The time has actually come for Iraq to be free from all these restrictions and sanctions imposed on it. People might not believe that the Iraqi health, agriculture, and higher education ministries are affected by the sanctions preventing the import of some commodities because of the sanctions system. An action plan is required to take stock of all the resolutions and annul the ones implemented by Iraq or have become defunct or outdated and also to implement what is left of Iraq's obligations, especially the resolutions dealing with the case between Iraq and Kuwait. We also demanded a time frame for implementing our remaining obligations so as to get out of these resolutions. The process will not happen overnight and needs action, perseverance, and patience but we have started it. The process of Iraq's exit from Chapter 7 has started. This issue is not dealt with through media statements. Some people who do not know the background to the issue interfere. This is a critical technical issue associated with international law. Many statements in Iraq are saying we are not responsible for the event and that (former Iraqi President) Saddam Hussein's regime was responsible for these attacks and violations. But the UN resolutions do not personify any regime and deal with Iraq as a legal entity regardless of who governs it. In my view, we have achieved good and positive results and have now launched the process. It is a question of following up and implementing but it will take some time.
Q) What are the next steps?
A) After distribution of the report among the UNSC members, they will study it and hold consultations with each other after which they will consult with us. We will look at the resolutions after the stock-taking process, what had been implemented and what needs to be implemented or annulled. We might need several other resolutions from the UNSC to annul all these resolutions.
Q) What about the Kuwaiti stand on all these moves?
A) We met with Kuwait's permanent representative to the UN and the Kuwaiti mission as a way of assuring, briefing, and summarizing that what the Iraqi delegation is doing is not a conspiracy against Kuwait's interests or that is sidestepping the resolutions. Regarding the case with Kuwait, we said from the beginning and since the establishment of the new Iraq that the latter is complying with all the UN resolutions regardless of their circumstances, legality, and fairness. Therefore regarding the resolutions that concern Kuwait, including the question of borders, missing persons, possessions, and reparations, we have expressed several times that we are complying with them but the time has come to deal with them. We told the concerned parties about Iraq's readiness to cooperate with the Kuwaiti side in these questions. Regarding the reparations, we asked for a reduction of the percentage, which is now 5 percent, (from Iraq's oil revenues) and asked for reducing it further to 1 or 2 percent and to cancel it in future. The UNSC reduced this percentage in the past when it was 30 percent to 25 percent and then to 5 percent. The Kuwaiti side informed us that the decision was not in their hand but in the UNSC's hand and it was up to the latter to decide whether to cancel or reduce them. We felt that everyone was demanding a boosting of mutual trust, the good-intentioned implementation of the remaining obligations, and continued consultations and visits between the two countries to deal with this issue simultaneously with the process of Iraq's exit from Chapter 7's resolutions.
Q) Did the Kuwaiti side inform you it would not object to reducing the percentage of reparations if the UNSC voted for it?
A) Yes. It is an international and UN resolution. We felt that the resolution belongs to the UNSC and Kuwait would understand and not object if the UNSC decided to do this.
Q) You said that there are 73 resolutions on Iraq under Chapter 7. What percentage of them can be annulled?
A) A very large percentage because these resolutions, or a large part of them, concern disarmament, weapons of mass destruction, the oil for food program, and Iraq's international dealings, including weapons and dual-usage commodities. Parts of them concern the results of the war with Kuwait and others were issued after 2003. Therefore in my view, a very large percentage of these resolutions can be annulled or not needed anymore. From the UN secretary general's report; I can say that more than 90 to 95 percent of them can be annulled. But some of them might need legislations from our side and this is possible. For example, we ended the inspectors' mandates and the "UNMOVIC" which was like a sword hanging over our necks, and we also ended the oil for food program. But there are still some restrictions which can be liquidated. The resolutions are not important today other than the ones about the case between Iraq and Kuwait and we can implement the remaining ones.
Q) Regarding the case between Iraq and Kuwait, are the borders, reparations, and missing persons the basic issues?
A) Certainly. We have actually obligations and tried to implement a large part of them. Regarding the missing Kuwaitis, there are between 500 and 600. We cooperated and found the remains of more than 256 of them and returned them. It is possible to agree on establishing an Iraqi-Kuwaiti committee in Baghdad to search for the remaining ones and launch a media campaign for getting information about them. As to the Kuwaiti possessions, we returned what we could get back such the Kuwaiti media archives. We returned the Kuwaiti Central Bank's archives before two weeks. All this was done through the foreign ministry's efforts. As to the permanence of the borders markers, it is a basic issue and can be implemented as there are no disagreements over them. It is a technical and procedural matter. But all these things need time to build trust and are capable of being implemented. I reiterate - and I was eager to declare it in my statements and remarks - that Iraq's exit from Chapter 7 will not be at the expense of Kuwait's interests, security, sovereignty, and stability, absolutely not. On the contrary, Kuwait was one of the countries that cooperated with Iraq the most during the (regime) change and after it. Therefore their role is desired and appreciated.
Q) You met US Secretary of State Hillary Clinton in Washington and raised with her the issue of helping Iraq get out of Chapter 7. How did she respond to this?
A) Her response was positive and she expressed support and sympathy. She also followed the effort made in New York and the results that were achieved. She pledged that the United States would definitely consult with the UN secretariat general, the UNSC, and the Iraqi Government and was ready to adopt this issue and act to turn this report into a clear action plan in fulfillment of the agreement to withdraw the (American) forces (from Iraq).
http://www.fsrn.org/audio/audio-tag-title-raw/5100
Q) What are the latest developments in the dossier of the sanctions on Iraq under the UN Charter's Chapter 7 and have you made progress during your visit to New York and meetings with UN officials?
A) UNSC Resolution 1859 which it issued at the end of 2008 ended the mandate of the multinational forces and protected Iraqi assets partially from Chapter 7, which concerned the development fund. But the other paragraph concerns the binding practical clauses. One of the clauses that we negotiated at length was Iraq's demand to review all the UN resolutions imposed on it under Chapter 7 on the basis that this review should be made in coordination and consultation between the Iraqi Government and UN Secretary General Ban Ki-moon so as to take stock of these resolutions and thus enable Iraq to get out of Chapter 7's rules and restore its international and legal status in the world. We embarked on political, technical, and legal talks before few days with the UN secretary general and the secretariat general's experts from the Iraqi desk and from all the concerned agencies and bodies. Our team was a complete technical and legal one. It became evident to us that our country is governed by 73 UN resolutions under Chapter 7 and this is a record number compared to the other countries in the world.
Q) What year do these resolutions date back to?
A) Since 1990 to this day. The task is massive and mighty. We are at the beginning of our work here and our aim is to restore Iraq's sovereignty and freedom in full. Without getting rid of these resolutions, Iraq will not be fully independent and this is one of the central objectives of the government and ministry.
Q) Do you feel that you are getting close to this objective?
A) The secretary general will present his report to the UNSC next week. It will be a descriptive report on the actual situation but will not present clear and specific recommendations. What we did was to ask for the report to include some observations about the next stage. We do not want a report for its own sake. The other thing is that we asked that there should be results once the report has been distributed to the UNSC members and discussed over several weeks. The UNSC members ought to adopt it and turn it into a plan of action. This is what we have basically asked for from the Americans since they are a permanent member and pledged in the forces' withdrawal agreement to help Iraq get out of Chapter 7. We also sensed an understanding primarily from France and Britain of this issue. We met the representatives of the UNSC's 15 members and explained the Iraqi position.
We concluded that there is a very good intention in the UNSC concerning Iraq's demands. The time has actually come for Iraq to be free from all these restrictions and sanctions imposed on it. People might not believe that the Iraqi health, agriculture, and higher education ministries are affected by the sanctions preventing the import of some commodities because of the sanctions system. An action plan is required to take stock of all the resolutions and annul the ones implemented by Iraq or have become defunct or outdated and also to implement what is left of Iraq's obligations, especially the resolutions dealing with the case between Iraq and Kuwait. We also demanded a time frame for implementing our remaining obligations so as to get out of these resolutions. The process will not happen overnight and needs action, perseverance, and patience but we have started it. The process of Iraq's exit from Chapter 7 has started. This issue is not dealt with through media statements. Some people who do not know the background to the issue interfere. This is a critical technical issue associated with international law. Many statements in Iraq are saying we are not responsible for the event and that (former Iraqi President) Saddam Hussein's regime was responsible for these attacks and violations. But the UN resolutions do not personify any regime and deal with Iraq as a legal entity regardless of who governs it. In my view, we have achieved good and positive results and have now launched the process. It is a question of following up and implementing but it will take some time.
Q) What are the next steps?
A) After distribution of the report among the UNSC members, they will study it and hold consultations with each other after which they will consult with us. We will look at the resolutions after the stock-taking process, what had been implemented and what needs to be implemented or annulled. We might need several other resolutions from the UNSC to annul all these resolutions.
Q) What about the Kuwaiti stand on all these moves?
A) We met with Kuwait's permanent representative to the UN and the Kuwaiti mission as a way of assuring, briefing, and summarizing that what the Iraqi delegation is doing is not a conspiracy against Kuwait's interests or that is sidestepping the resolutions. Regarding the case with Kuwait, we said from the beginning and since the establishment of the new Iraq that the latter is complying with all the UN resolutions regardless of their circumstances, legality, and fairness. Therefore regarding the resolutions that concern Kuwait, including the question of borders, missing persons, possessions, and reparations, we have expressed several times that we are complying with them but the time has come to deal with them. We told the concerned parties about Iraq's readiness to cooperate with the Kuwaiti side in these questions. Regarding the reparations, we asked for a reduction of the percentage, which is now 5 percent, (from Iraq's oil revenues) and asked for reducing it further to 1 or 2 percent and to cancel it in future. The UNSC reduced this percentage in the past when it was 30 percent to 25 percent and then to 5 percent. The Kuwaiti side informed us that the decision was not in their hand but in the UNSC's hand and it was up to the latter to decide whether to cancel or reduce them. We felt that everyone was demanding a boosting of mutual trust, the good-intentioned implementation of the remaining obligations, and continued consultations and visits between the two countries to deal with this issue simultaneously with the process of Iraq's exit from Chapter 7's resolutions.
Q) Did the Kuwaiti side inform you it would not object to reducing the percentage of reparations if the UNSC voted for it?
A) Yes. It is an international and UN resolution. We felt that the resolution belongs to the UNSC and Kuwait would understand and not object if the UNSC decided to do this.
Q) You said that there are 73 resolutions on Iraq under Chapter 7. What percentage of them can be annulled?
A) A very large percentage because these resolutions, or a large part of them, concern disarmament, weapons of mass destruction, the oil for food program, and Iraq's international dealings, including weapons and dual-usage commodities. Parts of them concern the results of the war with Kuwait and others were issued after 2003. Therefore in my view, a very large percentage of these resolutions can be annulled or not needed anymore. From the UN secretary general's report; I can say that more than 90 to 95 percent of them can be annulled. But some of them might need legislations from our side and this is possible. For example, we ended the inspectors' mandates and the "UNMOVIC" which was like a sword hanging over our necks, and we also ended the oil for food program. But there are still some restrictions which can be liquidated. The resolutions are not important today other than the ones about the case between Iraq and Kuwait and we can implement the remaining ones.
Q) Regarding the case between Iraq and Kuwait, are the borders, reparations, and missing persons the basic issues?
A) Certainly. We have actually obligations and tried to implement a large part of them. Regarding the missing Kuwaitis, there are between 500 and 600. We cooperated and found the remains of more than 256 of them and returned them. It is possible to agree on establishing an Iraqi-Kuwaiti committee in Baghdad to search for the remaining ones and launch a media campaign for getting information about them. As to the Kuwaiti possessions, we returned what we could get back such the Kuwaiti media archives. We returned the Kuwaiti Central Bank's archives before two weeks. All this was done through the foreign ministry's efforts. As to the permanence of the borders markers, it is a basic issue and can be implemented as there are no disagreements over them. It is a technical and procedural matter. But all these things need time to build trust and are capable of being implemented. I reiterate - and I was eager to declare it in my statements and remarks - that Iraq's exit from Chapter 7 will not be at the expense of Kuwait's interests, security, sovereignty, and stability, absolutely not. On the contrary, Kuwait was one of the countries that cooperated with Iraq the most during the (regime) change and after it. Therefore their role is desired and appreciated.
Q) You met US Secretary of State Hillary Clinton in Washington and raised with her the issue of helping Iraq get out of Chapter 7. How did she respond to this?
A) Her response was positive and she expressed support and sympathy. She also followed the effort made in New York and the results that were achieved. She pledged that the United States would definitely consult with the UN secretariat general, the UNSC, and the Iraqi Government and was ready to adopt this issue and act to turn this report into a clear action plan in fulfillment of the agreement to withdraw the (American) forces (from Iraq).