Iraq/Kuwait issues-Kuwait's position

United Nations S/2011/428
Security Council Distr.: General
14 July 2011
English
Original: Arabic

Letter dated 13 July 2011 from the Permanent Representative of

Kuwait to the United Nations addressed to the President of the
Security Council

I transmit to you herewith a letter from His Excellency Sheikh Mohammad
Al-Sabah Al-Salem Al-Sabah, the Deputy Prime Minister and Minister for Foreign
Affairs of Kuwait, concerning the latest developments regarding Iraq’s outstanding
obligations pursuant to the Security Council resolutions relevant to the item on the
situation between Iraq and Kuwait, which were adopted under Chapter VII of the
Charter (see annex).

I should be grateful if you would have this letter and its annex issued as a
document of the Security Council.

Accept, Sir, the assurances of my highest consideration.
(Signed) Mansour Ayyad SH A Alotaibi
Permanent Representative


Annex to the letter dated 13 July 2011 from the Permanent

Representative of Kuwait to the United Nations addressed to the
President of the Security Council

We should like to draw your attention to the latest developments concerning
Iraq’s outstanding obligations pursuant to Security Council resolutions relevant to
the item on the situation between Iraq and Kuwait, which were adopted under
Chapter VII of the Charter, and in particular resolutions 687 (1991), 833 (1993),
1284 (1999), and 1956 (2010).

In that connection, we should like to state the following.

The issues of the prisoners and the return of property and the national archive
The State of Kuwait highly values the constructive cooperation shown by the
Government of Iraq to resolve this humanitarian issue within the framework of the
Tripartite Commission and its Technical Subcommittee, under the auspices of the
International Committee of the Red Cross, with a view to uncovering the fate of
missing Kuwaitis and nationals of third States.

That cooperation made it possible to identify the remains of 236 out of 605
missing persons. However, since 2004, no progress has been made in discovering
the fate of the remaining missing persons. We hope that cooperation will continue
and intensify in the coming phase in order to implement the workplans and
programmes to be determined by the relevant parties through the Technical
Subcommittee.

The State of Kuwait welcomes the decision taken by the Security Council in
informal consultations held on 22 June 2011 to extend the mandate of the High-level
Coordinator, Ambassador Gennady Tarasov, to follow up the issue of missing
persons and the issue of Kuwaiti property and the national archive, which has not
seen any notable progress.

The State of Kuwait supports the continuation of the mandate of the High-level
Coordinator in order to ensure implementation of the relevant Security Council
resolutions, in particular resolution 1284 (1999). The State of Kuwait welcomes the
press release issued by the Council on 22 June 2011, which urges the Government of
Iraq to establish an inter-ministerial committee to follow the issue of the Kuwaiti
national archives and other property, and to submit reports on the activities of that
committee.

Maintenance of border markers

In accordance with Security Council resolution 833 (1993), the United Nations
made the necessary arrangements to enact the Iraq-Kuwait boundary maintenance
project. The first and second phases of the project, which consisted of preparations
and planning, were completed over four years ago. However, the third and final
phase, which consists of actual implementation of the project, has not been
addressed. The United Nations has thus far been unable to continue fulfilling its
functions for the following reasons.

– Iraq has not implemented the recommendations of the United Nations
technical team, which visited the border area in February 2006 and requested
that Iraq should remove all encroachments and obstacles on the borders,
including those impeding visibility between the border markers.

– Since January 2010, the United Nations Secretariat has written to Iraq on
several occasions, most recently in May 2011, requesting that it should pay its
remaining share of the project costs, in the amount of $600,000, and determine
a start date for the final phase of the Iraq-Kuwait boundary maintenance
project. However, despite repeated calls from the Secretary-General, Iraq has
not responded to any of those letters and the project remains suspended. Two
meetings between Kuwait and Iraq have taken place under the auspices of the
United Nations, the first in New York in June 2007 and the second in Kuwait
in October 2008. We hope that the United Nations will call for a third meeting
of experts from Kuwait and Iraq with a view to resuming implementation of
the project and informing the Security Council of developments.

The issue of compensation

Iraq continues to fulfil the obligations contained in the relevant Security
Council resolutions with regard to compensation for those affected by Iraq’s
invasion of Kuwait in 1990. In accordance with those resolutions, a percentage of
the proceeds from export sales of petroleum has been deducted and deposited in the
Compensation Fund. That percentage has been reduced several times, most recently
to 5 per cent in accordance with Security Council resolution 1483 (2003).

Subsequent Security Council resolutions have reaffirmed that that percentage should
continue to be deducted. Most recently, resolution 1956, paragraph 3 provided that
5 per cent of the value of any non-monetary payments of petroleum, petroleum
products and natural gas made to service providers should be deposited in the
Compensation Fund.

In 2008, the Governing Council of the United Nations Compensation
Commission, called on Kuwait and Iraq to hold consultations under the auspices of
the United Nations on the unpaid compensation balance. In implementation of that
decision, a first round of consultations was held in May 2009 in Amman, Jordan. On
its completion, an agreement was reached between the two sides to hold another
round of discussions to examine the best way forward taking into consideration the
interests of both countries. To date, Iraq has not responded to repeated letters from
the Secretariat of the Compensations Commission regarding the convening of a
second round.

We wish to emphasize our genuine desire to improve bilateral relations serving
the interests of both countries and peoples and to consolidate neighbourly relations.
We are confident that Iraq’s implementation of its international obligations under
the auspices of the United Nations, and its affirmation of its respect for and
implementation of resolution 833 (1993), would constitute an important step in
building confidence-building between the two countries, leading to a strong
relationship based on respect for international law and the principle of
non-interference in internal affairs.

In conclusion, we should like to reiterate that the State of Kuwait is fully
prepared to provide Iraq with the necessary support and assistance in order to
accelerate implementation of its remaining obligations under the relevant Security
Council resolutions.

(Signed) Mohammad Al-Sabah Al-Salem Al-Sabah
Deputy Prime Minister and Minister of Foreign Affairs

And the Iraqi foot-dragging continues...

What I find very interesting about these letters is not the fact they were sent to the Security Council but the timing of the letters. They are dated July 13, 2011.

On June 22, 2011, the Security Council held a meeting to review the report from the High-Level Coordinator regarding the Iraq/Kuwait issues. The High-Level Coordinator’s position was also up for renewal. Iraq had sent a letter to the SC prior to the 22nd meeting requesting the High-Level Coordinator position not be extended for another six months. (The High-Level Coordinator is responsible for overseeing the Kuwait issues and was established under Chapter VII.)

The Security Council press release regarding the June 22 meeting stated very clearly what Iraq had to complete; “Nevertheless, the members of the Security Council stressed the need to fulfil these commitments, specifically finding Kuwaiti or third-country nationals, property and archives.” 

(https://dinaroutcast.forumotion.com/t7837-security-council-press-statement-on-iraq-kuwait)

Additionally the High-Level Coordinator responsibilities were extended for another six months thereby extending another Chapter VII issue.

Why would Kuwait have felt it necessary to send a letter outlining unresolved issues when the June 22nd meeting was obviously in Kuwait’s favor? Iraq had requested not to continue with the High-Level Coordinator position, the Security Council ignores this request, extends the position for another six months and continues to back Kuwait in saying to Iraq--you have to get it done.

There was also another interesting item in the letter and that is the section dealing with the compensation. Kuwait states that 5% of the oil revenues still had to be deposited in the Compensation fund plus 5% of the value of any non-monetary payments of petroleum, petroleum products and natural gas made to service providers also has to be deposited. The non-monetary payments were not added until Dec/2010. In Jan/2011, the Governing Council of the Compensation Commission issued a report which was critical of the need for continued controls regarding the compensation payments and that another resolution was needed. The IAMB could not account for all the oil revenues due to the failure of Iraq to install the required oil meters. How is anyone going to be able to account for non-monetary payments?

The Kuwait letters would definitely have been part of the considerations taken in the July 19th meetings on UNAMI. This was both a public meeting as well as a closed door session. So why the additional pressure. Is Kuwait concerned that the Security Council is going to do some type of reversal regarding Chapter VII. The Secretary General has stated in his last two reports that the Security Council needs to take up his 2008 report regarding the outstanding Chapter VII issues.

I would expect that the resolution the Security Council will vote on in the upcoming 28th meeting was finalized in the closed door session on the 19th. Typically the day a vote is due on a resolution, a draft resolution is already prepared and is just submitted for the vote. At this point there is no debate or discussion. That has already taken place in the closed door consultations. Only a couple of days left to see what will happen.