S/2011/373
Thirty-first report of the Secretary-General pursuant to paragraph 14 of resolution 1284 (1999)
Introduction
1. The present report is submitted pursuant to paragraph 14 of Security Council resolution 1284 (1999) and covers the developments since 11 December 2010, following the issuance of the thirtieth report (S/2010/635) on 10 December 2010. It provides an update on the issue of missing Kuwaiti and third-country nationals and that of missing Kuwaiti property, including national archives.
2. The adoption of Security Council resolutions 1956 (2010), 1957 (2010) and 1958 (2010) in December 2010 lifted several major Chapter VII mandates on Iraq. This mainly left Iraq’s obligations to Kuwait still outstanding, including with respect to the files of missing persons and property. The formation of the new Government of Iraq at the end of 2010 provided a hopeful opportunity for the resolution of the remaining problems between the two countries.
Recent activities with regard to the repatriation and return of all Kuwaiti and third-country nationals or their remains.
3. Throughout the reporting period, the High-level Coordinator, Ambassador Gennady Tarasov, focused his activities on the task of building confidence and cooperation between Kuwait and Iraq with a view to strengthening their practical engagement in the search for missing persons and property and encouraging them to achieve visible and significant progress towards the implementation of the objectives of paragraph 14 of Security Council resolution 1284 (1999).
4. The recent high-level Iraqi-Kuwaiti exchange of visits provided a positive environment for the Coordinator’s contacts with the representatives of Iraq and Kuwait as well as with the other members of the Tripartite Commission and its Technical Subcommittee, which remains the primary body for dealing with the issue of persons unaccounted for from the 1990-1991 Gulf War. Given the prevailing spirit of commitment in the Tripartite Commission and the Technical Subcommittee, Ambassador Tarasov consistently called for further efforts in the search for missing Kuwaiti and third-country nationals in Iraq in order to achieve tangible progress on the ground. A priority at this stage was to assist and facilitate the setting up of an effective mechanism within the framework of the Technical Subcommittee to
conduct regular exploratory missions to sites on Iraqi territory where Kuwaiti and third-country victims may have been buried. Such a mechanism is necessary to fully probe the fate of the missing persons.
5. The Coordinator made three visits to the region (in February, April and May) that coincided with the meetings of the Technical Subcommittee and Tripartite Commission. On 9 February 2011, he was received by the Deputy Prime Minister and Minister for Foreign Affairs of Kuwait, Sheikh Mohammed Al-Sabah Al-Salem Al-Sabah, who indicated that the emerging spirit of cooperation between Iraq and Kuwait needed to be translated into practical and result-oriented steps towards the resolution of the outstanding issues, including the files of the missing persons and property. The Deputy Prime Minister stressed that Kuwait would like to work with Iraq to speed up its compliance with the relevant Security Council resolutions.
6. On 14 April 2011, the Coordinator met with the Under-Secretary of the Ministry of Foreign Affairs of Kuwait, Khaled Al Jarallah. The latter noted that the task of finding the mortal remains of the Kuwaiti victims should not be “mixed” with the developments in political relations between Iraq and Kuwait. He reaffirmed his support for the efforts of the Coordinator and the continuation of his work. This was echoed by the Acting Chairman of the Kuwaiti National Committee for Missing Persons and Prisoner of War Affairs. The Kuwaiti officials appreciated the role played by the United Nations and the Security Council in pursuing this humanitarian issue.
7. On 22 and 23 May 2011, Ambassador Tarasov travelled to Iraq and met with the Minister for Human Rights, Mohammed S. Al-Sudaney, and other officials. The Minister underscored the commitment of his Government to meet its obligations with regard to the issue of the Kuwaiti and third-country nationals, and briefed the Coordinator on the activities of his Ministry. He noted that the high-level consultative meeting of the members of the Tripartite Commission held on 18 May 2011 in Baghdad for the first time in many years demonstrated the determination of all participants to attain speedy progress. Kuwait had provided a grant of $974,000 to help build Iraq’s capacity in mass-grave excavations and identification of missing persons. He reiterated that Iraq would cooperate with the efforts of the Coordinator to achieve the objectives of his mandate.
8. After the successful realization of the first joint exploratory mission within the framework of the Technical Subcommittee, which visited Nassiriyah, Southern Iraq, in December 2010, the Coordinator was informed that a similar mission was planned for a site near Khamisiyah suspected to contain the remains of missing Kuwaiti and third-country nationals. Following the clearing operation at the site recently undertaken by the Iraqi specialized team, the Technical Subcommittee, in its meeting on 8 June 2011, decided to carry out this new mission before the end of June 2011, making it the second such endeavour in six months. There seemed to be a broad consensus among all concerned that such missions, under the aegis of the International Committee of the Red Cross (ICRC) and with the strong support of the members of the Technical Subcommittee, might present a suitable format for further work on the ground. In the view of the Coordinator, shared by his interlocutors, it could become the focus of an effective functional mechanism that would set clear benchmarks for achieving progress in the search for missing persons, referred to in my comprehensive report (S/2009/190, para. 16).
9. While in Kuwait in May 2011, Ambassador Tarasov met with the families of missing persons to brief them on the current status of efforts to clarify the fate of their relatives and loved ones.
10. On 26 April 2011, the Permanent Representative of Kuwait to the United Nations forwarded a letter to the Coordinator from the Deputy Chairman of the Kuwaiti National Committee for Missing Persons and Prisoner of War Affairs, which summarizes the information on the Kuwaiti and third-country nationals whose remains were found in Iraq (see annex).
11. In a related development, a team of experts and forensic specialists from ICRC, Iraq, Kuwait, the United States of America and the United Kingdom of Great Britain and Northern Ireland carried out a joint field exhumation on 5 and 6 June 2011 along “Highway 80” in Kuwait. Thirty-two sets of remains, presumably of Iraqi military personnel, some of them with identification tags, were discovered. They will be handed over to the Iraqi authorities once the necessary procedures have been completed. Together with the return by Kuwait of the remains of 55 Iraqi soldiers in 2010, this illustrates the effectiveness of sustained professional efforts in finding missing people despite the passage of years.
III. Recent activities with regard to the return of Kuwaiti property
12. I remain concerned that no progress has been made in the search for the Kuwaiti national archives, and that no credible information about their whereabouts has emerged.
13. On 23 November 2010, the Prime Minister of Iraq supported the suggestion of the Coordinator to set up an inter-ministerial committee, which would lead and coordinate efforts with regard to the missing Kuwaiti archives and other properties.
14. During his most recent visit to Baghdad, the Coordinator urged the Government of Iraq to set up such an official body at the earliest opportunity to exert credible efforts to find the archives, to which Kuwait attaches particular importance. This would further demonstrate Iraq’s determination to resolve this matter of concern to Kuwait.
IV. Observations
15. I believe that the current efforts in the search for missing Kuwaiti and third- country nationals are gradually moving forward. I encourage the Government of Iraq to expeditiously take further practical steps towards fulfilling its obligations under paragraph 14 of Security Council resolution 1284 (1999). The assurances of the Government of Iraq in this regard are noted. I look forward to being able to report positively to the Security Council at the earliest opportunity on the concrete efforts made by the Government of Iraq in the implementation of this resolution. I value the continued constructive and proactive approach of the Government of Kuwait in this regard.
16. It appears that the emerging pattern of joint exploratory/excavation missions in the framework of the Technical Subcommittee is a promising approach for
expediting practical progress on the ground. I welcome and commend the role played by ICRC and the members of the Technical Subcommittee in this process. The continued support of the international community and the Security Council remains essential for successful realization of the mandated tasks.
17. I believe that the task of discovering the fate of missing Kuwaiti and third- country nationals is urgent and should not be influenced by political factors and considerations. For this reason, the humanitarian mandate must be insulated as much as possible from wider regional developments to ensure its effective implementation.
18. Now that the organizational and logistical aspects of the search for the missing persons appear to be in place, the goal of finding and identifying the victims and finally closing their cases is an imperative. Visible and tangible progress in this respect, together with other necessary steps on the part of Iraq to fulfil its obligations towards Kuwait under the relevant Security Council resolutions, should create a positive momentum and enable the Council to take up my report of 27 July 2009 pursuant to paragraph 5 of resolution 1859 (2008) (S/2009/385).
19. I support the High-level Coordinator’s recommendation that an effective national mechanism be set up by the Government of Iraq to lead and coordinate efforts to clarify the fate of the Kuwaiti national archives and other properties and report the results to the United Nations.
20. I recommend that the Security Council extend the financing of the Coordinator’s mandate until December 2011 in order to continue to build on the current momentum towards the implementation of paragraph 14 of resolution 1284 (1999).
Thirty-first report of the Secretary-General pursuant to paragraph 14 of resolution 1284 (1999)
Introduction
1. The present report is submitted pursuant to paragraph 14 of Security Council resolution 1284 (1999) and covers the developments since 11 December 2010, following the issuance of the thirtieth report (S/2010/635) on 10 December 2010. It provides an update on the issue of missing Kuwaiti and third-country nationals and that of missing Kuwaiti property, including national archives.
2. The adoption of Security Council resolutions 1956 (2010), 1957 (2010) and 1958 (2010) in December 2010 lifted several major Chapter VII mandates on Iraq. This mainly left Iraq’s obligations to Kuwait still outstanding, including with respect to the files of missing persons and property. The formation of the new Government of Iraq at the end of 2010 provided a hopeful opportunity for the resolution of the remaining problems between the two countries.
Recent activities with regard to the repatriation and return of all Kuwaiti and third-country nationals or their remains.
3. Throughout the reporting period, the High-level Coordinator, Ambassador Gennady Tarasov, focused his activities on the task of building confidence and cooperation between Kuwait and Iraq with a view to strengthening their practical engagement in the search for missing persons and property and encouraging them to achieve visible and significant progress towards the implementation of the objectives of paragraph 14 of Security Council resolution 1284 (1999).
4. The recent high-level Iraqi-Kuwaiti exchange of visits provided a positive environment for the Coordinator’s contacts with the representatives of Iraq and Kuwait as well as with the other members of the Tripartite Commission and its Technical Subcommittee, which remains the primary body for dealing with the issue of persons unaccounted for from the 1990-1991 Gulf War. Given the prevailing spirit of commitment in the Tripartite Commission and the Technical Subcommittee, Ambassador Tarasov consistently called for further efforts in the search for missing Kuwaiti and third-country nationals in Iraq in order to achieve tangible progress on the ground. A priority at this stage was to assist and facilitate the setting up of an effective mechanism within the framework of the Technical Subcommittee to
conduct regular exploratory missions to sites on Iraqi territory where Kuwaiti and third-country victims may have been buried. Such a mechanism is necessary to fully probe the fate of the missing persons.
5. The Coordinator made three visits to the region (in February, April and May) that coincided with the meetings of the Technical Subcommittee and Tripartite Commission. On 9 February 2011, he was received by the Deputy Prime Minister and Minister for Foreign Affairs of Kuwait, Sheikh Mohammed Al-Sabah Al-Salem Al-Sabah, who indicated that the emerging spirit of cooperation between Iraq and Kuwait needed to be translated into practical and result-oriented steps towards the resolution of the outstanding issues, including the files of the missing persons and property. The Deputy Prime Minister stressed that Kuwait would like to work with Iraq to speed up its compliance with the relevant Security Council resolutions.
6. On 14 April 2011, the Coordinator met with the Under-Secretary of the Ministry of Foreign Affairs of Kuwait, Khaled Al Jarallah. The latter noted that the task of finding the mortal remains of the Kuwaiti victims should not be “mixed” with the developments in political relations between Iraq and Kuwait. He reaffirmed his support for the efforts of the Coordinator and the continuation of his work. This was echoed by the Acting Chairman of the Kuwaiti National Committee for Missing Persons and Prisoner of War Affairs. The Kuwaiti officials appreciated the role played by the United Nations and the Security Council in pursuing this humanitarian issue.
7. On 22 and 23 May 2011, Ambassador Tarasov travelled to Iraq and met with the Minister for Human Rights, Mohammed S. Al-Sudaney, and other officials. The Minister underscored the commitment of his Government to meet its obligations with regard to the issue of the Kuwaiti and third-country nationals, and briefed the Coordinator on the activities of his Ministry. He noted that the high-level consultative meeting of the members of the Tripartite Commission held on 18 May 2011 in Baghdad for the first time in many years demonstrated the determination of all participants to attain speedy progress. Kuwait had provided a grant of $974,000 to help build Iraq’s capacity in mass-grave excavations and identification of missing persons. He reiterated that Iraq would cooperate with the efforts of the Coordinator to achieve the objectives of his mandate.
8. After the successful realization of the first joint exploratory mission within the framework of the Technical Subcommittee, which visited Nassiriyah, Southern Iraq, in December 2010, the Coordinator was informed that a similar mission was planned for a site near Khamisiyah suspected to contain the remains of missing Kuwaiti and third-country nationals. Following the clearing operation at the site recently undertaken by the Iraqi specialized team, the Technical Subcommittee, in its meeting on 8 June 2011, decided to carry out this new mission before the end of June 2011, making it the second such endeavour in six months. There seemed to be a broad consensus among all concerned that such missions, under the aegis of the International Committee of the Red Cross (ICRC) and with the strong support of the members of the Technical Subcommittee, might present a suitable format for further work on the ground. In the view of the Coordinator, shared by his interlocutors, it could become the focus of an effective functional mechanism that would set clear benchmarks for achieving progress in the search for missing persons, referred to in my comprehensive report (S/2009/190, para. 16).
9. While in Kuwait in May 2011, Ambassador Tarasov met with the families of missing persons to brief them on the current status of efforts to clarify the fate of their relatives and loved ones.
10. On 26 April 2011, the Permanent Representative of Kuwait to the United Nations forwarded a letter to the Coordinator from the Deputy Chairman of the Kuwaiti National Committee for Missing Persons and Prisoner of War Affairs, which summarizes the information on the Kuwaiti and third-country nationals whose remains were found in Iraq (see annex).
11. In a related development, a team of experts and forensic specialists from ICRC, Iraq, Kuwait, the United States of America and the United Kingdom of Great Britain and Northern Ireland carried out a joint field exhumation on 5 and 6 June 2011 along “Highway 80” in Kuwait. Thirty-two sets of remains, presumably of Iraqi military personnel, some of them with identification tags, were discovered. They will be handed over to the Iraqi authorities once the necessary procedures have been completed. Together with the return by Kuwait of the remains of 55 Iraqi soldiers in 2010, this illustrates the effectiveness of sustained professional efforts in finding missing people despite the passage of years.
III. Recent activities with regard to the return of Kuwaiti property
12. I remain concerned that no progress has been made in the search for the Kuwaiti national archives, and that no credible information about their whereabouts has emerged.
13. On 23 November 2010, the Prime Minister of Iraq supported the suggestion of the Coordinator to set up an inter-ministerial committee, which would lead and coordinate efforts with regard to the missing Kuwaiti archives and other properties.
14. During his most recent visit to Baghdad, the Coordinator urged the Government of Iraq to set up such an official body at the earliest opportunity to exert credible efforts to find the archives, to which Kuwait attaches particular importance. This would further demonstrate Iraq’s determination to resolve this matter of concern to Kuwait.
IV. Observations
15. I believe that the current efforts in the search for missing Kuwaiti and third- country nationals are gradually moving forward. I encourage the Government of Iraq to expeditiously take further practical steps towards fulfilling its obligations under paragraph 14 of Security Council resolution 1284 (1999). The assurances of the Government of Iraq in this regard are noted. I look forward to being able to report positively to the Security Council at the earliest opportunity on the concrete efforts made by the Government of Iraq in the implementation of this resolution. I value the continued constructive and proactive approach of the Government of Kuwait in this regard.
16. It appears that the emerging pattern of joint exploratory/excavation missions in the framework of the Technical Subcommittee is a promising approach for
expediting practical progress on the ground. I welcome and commend the role played by ICRC and the members of the Technical Subcommittee in this process. The continued support of the international community and the Security Council remains essential for successful realization of the mandated tasks.
17. I believe that the task of discovering the fate of missing Kuwaiti and third- country nationals is urgent and should not be influenced by political factors and considerations. For this reason, the humanitarian mandate must be insulated as much as possible from wider regional developments to ensure its effective implementation.
18. Now that the organizational and logistical aspects of the search for the missing persons appear to be in place, the goal of finding and identifying the victims and finally closing their cases is an imperative. Visible and tangible progress in this respect, together with other necessary steps on the part of Iraq to fulfil its obligations towards Kuwait under the relevant Security Council resolutions, should create a positive momentum and enable the Council to take up my report of 27 July 2009 pursuant to paragraph 5 of resolution 1859 (2008) (S/2009/385).
19. I support the High-level Coordinator’s recommendation that an effective national mechanism be set up by the Government of Iraq to lead and coordinate efforts to clarify the fate of the Kuwaiti national archives and other properties and report the results to the United Nations.
20. I recommend that the Security Council extend the financing of the Coordinator’s mandate until December 2011 in order to continue to build on the current momentum towards the implementation of paragraph 14 of resolution 1284 (1999).