Security Council Press Statement on Iraq/Kuwait

Security Council
SC/10289
IK/635

22 June 2011

Security Council Press Statement on Iraq/Kuwait
The following Security Council press statement on Iraq/Kuwait was issued today by Council President Noël Nelson Messone ( Gabon):

The members of the Security Council received a briefing from Ambassador Gennady Tarasov, the Secretary-General’s High-Level Coordinator, on the thirty-first report of the Secretary-General, in accordance with paragraph 14 of Security Council resolution 1284 (1999).

The members of the Security Council appreciated the efforts of Ambassador Tarasov and the important work of the International Committee of the Red Cross, the Tripartite Commission and its Technical Subcommittee during the reporting period.

The members of the Security Council welcomed the continued cooperation by the Governments of Iraq and Kuwait, and their high-level commitments to full implementation of all Iraqi obligations to Kuwait under the relevant resolutions, in addition to the commitments given by the Iraqi Government to improve relations with Kuwait.   Nevertheless, the members of the Security Council stressed the need to fulfil these commitments, specifically finding Kuwaiti or third-country nationals, property and archives.  The members of the Security Council once again expressed their deepest sympathy and condolences to the families of those involved.

The members of the Security Council welcomed active participation by the Governments of Iraq and Kuwait in the efforts undertaken in the framework of the Technical Subcommittee to develop an effective functional mechanism for the search for missing persons, including the Technical Subcommittee’s exploratory mission to Nassiriyah and the ongoing mission to Khamisiyah in southern Iraq.

The members of the Security Council noted that limited progress has been made on clarifying the fate of the Kuwaiti national archives.  The members of the Security Council welcomed the commitment by the Prime Minister of Iraq to establish an Inter-Ministerial Committee to lead and coordinate efforts with regard to the Kuwaiti national archives and other properties.  The members of the Security Council urged the Government of Iraq to establish without further delay an effective national body for this task and report the results to the United Nations.

The members of the Security Council called for Iraq and Kuwait to continue to act in the spirit of the confidence- and cooperation-building process, which should contribute to the further strengthening of their good-neighbourly relations and enhancing of regional stability.

The members of the Security Council supported the Secretary-General’s recommendation to extend the financing of the activities of the High-Level Coordinator for a further period of six months in order to build on the present momentum towards implementation of paragraph 14 of Security Council resolution 1284 (1999).

The members of the Security Council expressed their willingness to consider this matter in the context of their review of the report by the Secretary-General, pursuant to paragraph 5 of resolution 1859 (2008).

There are several very interesting statements in this press release.

1) The first is the statement “Nevertheless, the members of the Security Council stressed the need to fulfil these commitments, specifically finding Kuwaiti or third-country nationals, property and archives.” Evidently the Security Council was not totally satisfied regarding the progress on these issues.

2) The second is that the financing for the High-Level coordinator was extended for another six months indicating an extension of Chapter VII until at least the end of the year.

3) It was the last paragraph, however, that I found extremely interesting.

“The members of the Security Council expressed their willingness to consider this matter in the context of their review of the report by the Secretary-General, pursuant to paragraph 5 of resolution 1859 (2008).”

The Secretary General’s report (S/2011/373) that was under review in today’s meeting included the following paragraph.

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).

Resolution 1859 (2008) is the resolution that called for a complete review of all Iraq resolutions since the very first one issued (Resolution 661-1990). The following year the Secretary General issued a detailed and very comprehensive report (S/2009/385) outlining all the outstanding issues still in play. Some of the items were addressed in the three resolutions issued in December/2010. The SG is telling them that everything is moving forward, go back to that two year old report and look at it again in reference to allowing “Iraq to achieve international standing equal to that which it held prior to the adoption of such resolutions.”

Resolution 1859 (2008)

5. Decides to review resolutions pertaining specifically to Iraq, beginning
with the adoption of resolution 661 (1990), and in that regard requests the
Secretary-General to report, after consultations with Iraq, on facts relevant to
consideration by the Council of actions necessary for Iraq to achieve international
standing equal to that which it held prior to the adoption of such resolutions;


S/2009/385
27 July 2009
Report of the Secretary-General pursuant to paragraph 5 of
resolution 1859 (2008)

I. Introduction
1. In paragraph 5 of resolution 1859 (2008), the Security Council decided to
review resolutions pertaining specifically to Iraq, beginning with resolution 661
(1990), and in that regard requested the Secretary-General to report, after
consultations with Iraq, on facts relevant to consideration by the Council of actions
necessary for Iraq to achieve international standing equal to that which it held prior
to the adoption of such resolutions.

2. The present report provides the facts as requested by the Council. To prepare
the report, the Secretariat reviewed the relevant resolutions pertaining to Iraq
adopted by the Council over a period of 18 years, starting with resolution 661
(1990) of 6 August 1990. Ten different United Nations programmes, departments
and offices, and international organizations, were involved in that review of the
relevant facts and the preparation of the report. The Secretariat also consulted the
Government of Iraq and other relevant stakeholders during the preparation of the
report. Unless otherwise indicated, the mandates and requirements stemming from
them that are addressed in this report are considered to be still operational.