This is the report that is before the Security Council for their meeting on Dec. 15th. Note the start date of all this activity--1999. Ever since I got into this investment, I have read article after article about Iraq complaints regarding the removal of Chapter VII. Here it is almost 2012 and these issues are still not resolved.
Under the Observations section the SG refers to a 2008 resolution and a 2009 report. "take up my report of 27 July 2009 pursuant to paragraph 5 of resolution 1859 (2008) (S/2009/385)" The 2008 resolution set up the review of all resolutions from 1991 to determine which were still valid. The 2009 report lists what resolutions are still active and what Iraq has to complete for Chapter VII to be terminated. The SG has referred to the 2009 report in several of his latest reports as to what Iraq is required to complet. Have they done it--NO--instead, Iraq now has timelines for activity in 2012.
Bottom line, the SG has recommended that the high level coordinator position be funded for another six months. Unless there is some back room activity that is yet to be heard, I expect the SC to issue a statement approving the extension for another six months. Which means------drum roll--------another six months of Chapter VII.
The Iraqi parliament has also not voted on the Additional Protocol (another Chapter VII issue) required by a Dec/2010 resolution. The SG was told to provide a report in one year on the progress. The SG issued this report at the beginning of October instead of December/2011 advising the SC that Iraq had not yet complied. This was very unusual to have a report issued almost three months before it was due.
Windreader1
United Nations S/2011/754
Security Council
Distr.: General
5 December 2011
Original: English
Thirty-second 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 on the issue of missing Kuwaiti
and third-country nationals and that of missing Kuwaiti property, including national
archives, since the issuance of my last report of 20 June 2011 (S/2011/373).
II. Recent activities with regard to the repatriation and return
of all Kuwaiti and third-country nationals, or their remains
2. In my previous report, I encouraged the Government of Iraq to expeditiously
take further practical steps towards fulfilling its obligations under paragraph 14 of
Security Council resolution 1284 (1999). Throughout the reporting period the Highlevel
Coordinator, Ambassador Gennady Tarasov, was actively engaged with both
Iraq and Kuwait to assist them in further building mutual trust and confidence with a
view to intensifying the search for missing persons. Working in close contact with
the members of the Tripartite Commission and its Technical Subcommittee, the
Coordinator has consistently encouraged tangible practical progress in this regard.
His priority is to facilitate, within the framework of the Technical Subcommittee and
under the aegis of the International Committee of the Red Cross (ICRC), the
sending of joint exploratory missions to sites on Iraqi territory where Kuwaiti and
third-country persons may have been buried. Three such missions have been
conducted up to date: to Nassiriyah, in southern Iraq, in December 2010, and to the
nearby site of Khamisiyah, in June and in September and October 2011. Although
no human remains have been discovered, in the view of the participants these
missions represent a promising format for their further work on the ground. The
missions have the potential to become an effective functional mechanism to fully
probe the fate of missing persons.
3. The Coordinator visited Kuwait from 19 to 22 September 2011. He met the
Under-Secretary of the Ministry of Foreign Affairs of Kuwait, Khaled Al-Jarallah,
who stressed that the humanitarian mandate of the Coordinator should be insulated
from the influence of other political and regional factors and emphasized the need
for Iraq to fulfil its commitments under the relevant Security Council resolutions.
He hoped that Kuwait and Iraq would be able to close this painful chapter with the
assistance of the United Nations.
4. From 14 to 16 November 2011, the High-level Coordinator travelled to
Geneva where, on the sidelines of the Tripartite Commission meeting, he met the
Minister of Human Rights of Iraq, Mohammed S. Al-Sudaney, as well as the
Kuwaiti delegation.
5. Minister Al-Sudaney underlined the firm commitment of the Government of
Iraq to the search for missing Kuwaiti and third-country nationals. He briefed the
Coordinator on the progress achieved so far by the Technical Subcommittee joint
exploratory missions and outlined Iraqi efforts to gather relevant information and
expand the database on potential sites containing mass graves. He also noted that his
Ministry had prepared a plan of action for 2012 that accorded priority to more
investigations at Khamisiyah, Ramadi and Hilla in Iraq. The Minister indicated that
Iraq had received the equipment purchased from the $974,000 Kuwaiti grant, which
will be used for the excavation of mass graves and the identification of missing
persons. The Iraqi side noted the need for working with the United Nations on this
file within a specific time frame.
6. The head of the Kuwaiti delegation and Acting Chair of the Kuwaiti National
Committee for Missing Persons and Prisoner of War Affairs, Ibrahim M. Al-Shaheen,
while giving a positive assessment of the Iraqi efforts, referred to the need to focus
on obtaining more specific information about potential gravesites in keeping with
the Kuwaiti action plan of 2009 (see S/2010/300, annex I). He also spoke in favour
of advance planning on an annual basis for the future Technical Subcommittee
missions in Iraq.
7. According to a press release issued by ICRC on 17 November 2011, following
the Tripartite Commission meeting, the members of the Commission decided to step
up the information gathering process on the possible burial sites. They also agreed
to work out a concrete plan of action in both Iraq and Kuwait for the year 2012.
8. During his visit to Kuwait, on 21 and 22 November 2011, on the sidelines of
an international ministerial conference held there, the High-level Coordinator was
received by the Deputy Prime Minister and Minister for Foreign Affairs of Kuwait,
Sheikh Sabah Khalid Al-Hamad Al-Sabah. The Minister voiced his hope that the
Coordinator would help promote a comprehensive solution enabling the closure of
this humanitarian file by urging Iraq to expedite substantive progress in clarifying
the fate of missing Kuwaitis. He reaffirmed support for the extension of the mandate
of the Coordinator to continue his efforts in that regard.
9. The Coordinator also met the Under-Secretary of the Ministry of Foreign
Affairs of Iraq, Mohammad J. Al-Dorki. The latter stressed the determination of his
Government to constructively work with Kuwait in the search for missing persons
and properties. He also indicated that the political priority for Baghdad continues to
be the termination of the remaining Chapter VII provisions.
10. On 18 September 2011, I discussed in New York with the visiting Prime
Minister of Kuwait, Sheikh Nasser Mohammad Al-Ahmad Al-Sabah, the issue of
missing Kuwaiti persons and national archives. The Prime Minister stressed the
need for Iraq to comply with all its Chapter VII obligations with regard to Kuwait
and underlined the importance of the continuation of the mandate of the High-level
Coordinator.
11. In a letter dated 13 November 2011 addressed to me, the Deputy Prime
Minister and Minister for Foreign Affairs of Kuwait, Sheikh Sabah Khalid
Al-Hamad Al-Sabah, pointed out that no progress had been made since 2004 in
discovering the fate of the persons who remain on the missing list (369). He hoped
that the cooperation shown by the Government of Iraq would continue and intensify
in the coming phase of implementing the action plans and programmes agreed upon
within the Tripartite Commission and its Technical Subcommittee, which remain the
primary body for dealing with the issue of missing Kuwaiti and third-country
nationals from the 1990-1991 Gulf War. The Minister emphasized that Kuwait
supports the extension of the mandate of the High-level Coordinator in order to
achieve substantive results that would help put a closure to this humanitarian file.
12. In earlier correspondence, in a letter dated 5 July 2011 (S/2011/568), the
Minister for Foreign Affairs of Iraq, Hoshyar Zebari, stressing full Iraqi cooperation
in the search for both missing Kuwaiti persons and properties, informed that his
Government did not see the need to extend the mandate of the Coordinator beyond
31 December 2011, since the Tripartite Commission and its Technical
Subcommittee, as well as the existing Iraqi national bodies, should be able to work
effectively on the humanitarian file for the benefit of Iraq and Kuwait.
13. The then-Deputy Prime Minister, Minister for Foreign Affairs of Kuwait,
Sheikh Mohammad Al-Sabah Al-Salem Al-Sabah, in a letter dated 13 July 2011
(S/2011/428), stated that Kuwait supported the continuation of the mandate of the
High-level Coordinator in order to ensure the implementation of Security Council
resolution 1284 (1999).
14. In a related development, 32 sets of remains of Iraqi military personnel,
discovered earlier this year by a Technical Subcommittee mission along “Highway
80” in Kuwait, were handed over to the Iraqi authorities in July 2011. A similar
mission went to northern Kuwait at the end of November. Thus, the activities of the
Technical Subcommittee have in fact become “a two-way street”, dealing with
missing persons from both Kuwait and Iraq.
III. Recent activities with regard to the return of
Kuwaiti property
15. I remain concerned that no substantial progress has been made in the search
for the Kuwaiti national archive, and that no credible information about its
whereabouts has so far emerged.
16. The Deputy Prime Minister and Minister for Foreign Affairs of Kuwait, in a
letter dated 13 July (S/2011/428), welcomed the press statement issued by the
Security Council on 22 June 2011, in which the Council urged the Government of
Iraq to establish an effective national body to lead and coordinate efforts with regard
to the Kuwaiti national archive and report the results to the United Nations.
17. In a letter to the President of the Security Council dated 15 November 2011
(S/2011/721), the Permanent Representative of Iraq stated that the Government of
Iraq had implemented the recommendation contained in my report of June 2011. He
informed that the Iraqi authorities had approved the establishment of a committee to
coordinate efforts relating to the Kuwaiti national archive. It would consist of
representatives from the Ministry of Foreign Affairs (Chair), the General Secretariat
of the Council of Ministers, Ministries of Defence, Interior, Finance, Justice, Higher
Education and Scientific Research, and the Central Bank of Iraq at the rank of
Director-General.
18. In the same letter, the Permanent Representative of Iraq said that the Ministry
of Foreign Affairs of Iraq had sent a letter to the Kuwaiti Embassy in Baghdad about
136 microfilm cassettes found in Iraq that included materials belonging to the
official newspaper Kuwait Today. Similar letters were sent to the Coordinator.
Observations
19. It appears that the search for missing Kuwaiti and third-country nationals in
Iraq is on track. I welcome the cooperation shown by the Government of Iraq in this
respect, and encourage it to take further practical steps towards fulfilling its
obligations under paragraph 14 of Security Council resolution 1284 (1999). I would
like to acknowledge the support provided by the Government of Kuwait.
20. The emerging format of joint exploratory missions in Iraq within the
framework of the Technical Subcommittee and under the aegis of ICRC appears to
represent a suitable mechanism to speed up the search for missing persons. It enjoys
the strong support of Iraq, Kuwait and the other members of the Technical
Subcommittee and holds out a prospect of gradually producing tangible results.
While three exploratory missions carried out inside Iraq to date have not uncovered
any remains of the missing persons, their efforts have established confidence that
serious engagement is under way. Concrete progress will require strong
commitment, constructive collaboration and sustained professional effort.
21. I commend the determination and the contribution of the members of the
Tripartite Commission and its Technical Subcommittee to the task of resolving the
issue of missing persons. I appreciate the leading role of ICRC in this endeavour.
22. Now that the basic organizational and logistical aspects of the search for
missing persons have been put in place, the attainment of significant practical
results on the ground must become an operational priority. I call on Iraq to continue
to work with Kuwait in the spirit of trust and confidence in order to achieve
significant progress in the resolution of this humanitarian issue. This outcome, along
with other necessary steps by Iraq to comply with its obligations under the relevant
Security Council resolutions, would enhance the momentum to enable the Council
to take up my report of 27 July 2009 pursuant to paragraph 5 of resolution 1859
(2008) (S/2009/385).
23. I welcome the decision of Iraq to form a committee to coordinate the search
for the Kuwaiti national archive. This step is consistent with the recommendation
contained in my June 2011 report (S/2011/373) on the subject supported by the
members of the Security Council. I look forward to the intensification of efforts to
clarify the whereabouts of the archives by this newly established body and expect
that its activities will be brought to the attention of the United Nations.
24. In view of the potential for progress that lies ahead, I recommend that the
Security Council extend the financing of the mandate of the Coordinator until
30 June 2012, in order to continue to build upon the existing momentum towards the
implementation of paragraph 14 of resolution 1284 (1999).
25. I would also like to thank Ambassador Gennady Tarasov, the High-level
Coordinator, for his assiduous efforts and determination to resolve the issues that
are the subject of this report.
Under the Observations section the SG refers to a 2008 resolution and a 2009 report. "take up my report of 27 July 2009 pursuant to paragraph 5 of resolution 1859 (2008) (S/2009/385)" The 2008 resolution set up the review of all resolutions from 1991 to determine which were still valid. The 2009 report lists what resolutions are still active and what Iraq has to complete for Chapter VII to be terminated. The SG has referred to the 2009 report in several of his latest reports as to what Iraq is required to complet. Have they done it--NO--instead, Iraq now has timelines for activity in 2012.
Bottom line, the SG has recommended that the high level coordinator position be funded for another six months. Unless there is some back room activity that is yet to be heard, I expect the SC to issue a statement approving the extension for another six months. Which means------drum roll--------another six months of Chapter VII.
The Iraqi parliament has also not voted on the Additional Protocol (another Chapter VII issue) required by a Dec/2010 resolution. The SG was told to provide a report in one year on the progress. The SG issued this report at the beginning of October instead of December/2011 advising the SC that Iraq had not yet complied. This was very unusual to have a report issued almost three months before it was due.
Windreader1
United Nations S/2011/754
Security Council
Distr.: General
5 December 2011
Original: English
Thirty-second 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 on the issue of missing Kuwaiti
and third-country nationals and that of missing Kuwaiti property, including national
archives, since the issuance of my last report of 20 June 2011 (S/2011/373).
II. Recent activities with regard to the repatriation and return
of all Kuwaiti and third-country nationals, or their remains
2. In my previous report, I encouraged the Government of Iraq to expeditiously
take further practical steps towards fulfilling its obligations under paragraph 14 of
Security Council resolution 1284 (1999). Throughout the reporting period the Highlevel
Coordinator, Ambassador Gennady Tarasov, was actively engaged with both
Iraq and Kuwait to assist them in further building mutual trust and confidence with a
view to intensifying the search for missing persons. Working in close contact with
the members of the Tripartite Commission and its Technical Subcommittee, the
Coordinator has consistently encouraged tangible practical progress in this regard.
His priority is to facilitate, within the framework of the Technical Subcommittee and
under the aegis of the International Committee of the Red Cross (ICRC), the
sending of joint exploratory missions to sites on Iraqi territory where Kuwaiti and
third-country persons may have been buried. Three such missions have been
conducted up to date: to Nassiriyah, in southern Iraq, in December 2010, and to the
nearby site of Khamisiyah, in June and in September and October 2011. Although
no human remains have been discovered, in the view of the participants these
missions represent a promising format for their further work on the ground. The
missions have the potential to become an effective functional mechanism to fully
probe the fate of missing persons.
3. The Coordinator visited Kuwait from 19 to 22 September 2011. He met the
Under-Secretary of the Ministry of Foreign Affairs of Kuwait, Khaled Al-Jarallah,
who stressed that the humanitarian mandate of the Coordinator should be insulated
from the influence of other political and regional factors and emphasized the need
for Iraq to fulfil its commitments under the relevant Security Council resolutions.
He hoped that Kuwait and Iraq would be able to close this painful chapter with the
assistance of the United Nations.
4. From 14 to 16 November 2011, the High-level Coordinator travelled to
Geneva where, on the sidelines of the Tripartite Commission meeting, he met the
Minister of Human Rights of Iraq, Mohammed S. Al-Sudaney, as well as the
Kuwaiti delegation.
5. Minister Al-Sudaney underlined the firm commitment of the Government of
Iraq to the search for missing Kuwaiti and third-country nationals. He briefed the
Coordinator on the progress achieved so far by the Technical Subcommittee joint
exploratory missions and outlined Iraqi efforts to gather relevant information and
expand the database on potential sites containing mass graves. He also noted that his
Ministry had prepared a plan of action for 2012 that accorded priority to more
investigations at Khamisiyah, Ramadi and Hilla in Iraq. The Minister indicated that
Iraq had received the equipment purchased from the $974,000 Kuwaiti grant, which
will be used for the excavation of mass graves and the identification of missing
persons. The Iraqi side noted the need for working with the United Nations on this
file within a specific time frame.
6. The head of the Kuwaiti delegation and Acting Chair of the Kuwaiti National
Committee for Missing Persons and Prisoner of War Affairs, Ibrahim M. Al-Shaheen,
while giving a positive assessment of the Iraqi efforts, referred to the need to focus
on obtaining more specific information about potential gravesites in keeping with
the Kuwaiti action plan of 2009 (see S/2010/300, annex I). He also spoke in favour
of advance planning on an annual basis for the future Technical Subcommittee
missions in Iraq.
7. According to a press release issued by ICRC on 17 November 2011, following
the Tripartite Commission meeting, the members of the Commission decided to step
up the information gathering process on the possible burial sites. They also agreed
to work out a concrete plan of action in both Iraq and Kuwait for the year 2012.
8. During his visit to Kuwait, on 21 and 22 November 2011, on the sidelines of
an international ministerial conference held there, the High-level Coordinator was
received by the Deputy Prime Minister and Minister for Foreign Affairs of Kuwait,
Sheikh Sabah Khalid Al-Hamad Al-Sabah. The Minister voiced his hope that the
Coordinator would help promote a comprehensive solution enabling the closure of
this humanitarian file by urging Iraq to expedite substantive progress in clarifying
the fate of missing Kuwaitis. He reaffirmed support for the extension of the mandate
of the Coordinator to continue his efforts in that regard.
9. The Coordinator also met the Under-Secretary of the Ministry of Foreign
Affairs of Iraq, Mohammad J. Al-Dorki. The latter stressed the determination of his
Government to constructively work with Kuwait in the search for missing persons
and properties. He also indicated that the political priority for Baghdad continues to
be the termination of the remaining Chapter VII provisions.
10. On 18 September 2011, I discussed in New York with the visiting Prime
Minister of Kuwait, Sheikh Nasser Mohammad Al-Ahmad Al-Sabah, the issue of
missing Kuwaiti persons and national archives. The Prime Minister stressed the
need for Iraq to comply with all its Chapter VII obligations with regard to Kuwait
and underlined the importance of the continuation of the mandate of the High-level
Coordinator.
11. In a letter dated 13 November 2011 addressed to me, the Deputy Prime
Minister and Minister for Foreign Affairs of Kuwait, Sheikh Sabah Khalid
Al-Hamad Al-Sabah, pointed out that no progress had been made since 2004 in
discovering the fate of the persons who remain on the missing list (369). He hoped
that the cooperation shown by the Government of Iraq would continue and intensify
in the coming phase of implementing the action plans and programmes agreed upon
within the Tripartite Commission and its Technical Subcommittee, which remain the
primary body for dealing with the issue of missing Kuwaiti and third-country
nationals from the 1990-1991 Gulf War. The Minister emphasized that Kuwait
supports the extension of the mandate of the High-level Coordinator in order to
achieve substantive results that would help put a closure to this humanitarian file.
12. In earlier correspondence, in a letter dated 5 July 2011 (S/2011/568), the
Minister for Foreign Affairs of Iraq, Hoshyar Zebari, stressing full Iraqi cooperation
in the search for both missing Kuwaiti persons and properties, informed that his
Government did not see the need to extend the mandate of the Coordinator beyond
31 December 2011, since the Tripartite Commission and its Technical
Subcommittee, as well as the existing Iraqi national bodies, should be able to work
effectively on the humanitarian file for the benefit of Iraq and Kuwait.
13. The then-Deputy Prime Minister, Minister for Foreign Affairs of Kuwait,
Sheikh Mohammad Al-Sabah Al-Salem Al-Sabah, in a letter dated 13 July 2011
(S/2011/428), stated that Kuwait supported the continuation of the mandate of the
High-level Coordinator in order to ensure the implementation of Security Council
resolution 1284 (1999).
14. In a related development, 32 sets of remains of Iraqi military personnel,
discovered earlier this year by a Technical Subcommittee mission along “Highway
80” in Kuwait, were handed over to the Iraqi authorities in July 2011. A similar
mission went to northern Kuwait at the end of November. Thus, the activities of the
Technical Subcommittee have in fact become “a two-way street”, dealing with
missing persons from both Kuwait and Iraq.
III. Recent activities with regard to the return of
Kuwaiti property
15. I remain concerned that no substantial progress has been made in the search
for the Kuwaiti national archive, and that no credible information about its
whereabouts has so far emerged.
16. The Deputy Prime Minister and Minister for Foreign Affairs of Kuwait, in a
letter dated 13 July (S/2011/428), welcomed the press statement issued by the
Security Council on 22 June 2011, in which the Council urged the Government of
Iraq to establish an effective national body to lead and coordinate efforts with regard
to the Kuwaiti national archive and report the results to the United Nations.
17. In a letter to the President of the Security Council dated 15 November 2011
(S/2011/721), the Permanent Representative of Iraq stated that the Government of
Iraq had implemented the recommendation contained in my report of June 2011. He
informed that the Iraqi authorities had approved the establishment of a committee to
coordinate efforts relating to the Kuwaiti national archive. It would consist of
representatives from the Ministry of Foreign Affairs (Chair), the General Secretariat
of the Council of Ministers, Ministries of Defence, Interior, Finance, Justice, Higher
Education and Scientific Research, and the Central Bank of Iraq at the rank of
Director-General.
18. In the same letter, the Permanent Representative of Iraq said that the Ministry
of Foreign Affairs of Iraq had sent a letter to the Kuwaiti Embassy in Baghdad about
136 microfilm cassettes found in Iraq that included materials belonging to the
official newspaper Kuwait Today. Similar letters were sent to the Coordinator.
Observations
19. It appears that the search for missing Kuwaiti and third-country nationals in
Iraq is on track. I welcome the cooperation shown by the Government of Iraq in this
respect, and encourage it to take further practical steps towards fulfilling its
obligations under paragraph 14 of Security Council resolution 1284 (1999). I would
like to acknowledge the support provided by the Government of Kuwait.
20. The emerging format of joint exploratory missions in Iraq within the
framework of the Technical Subcommittee and under the aegis of ICRC appears to
represent a suitable mechanism to speed up the search for missing persons. It enjoys
the strong support of Iraq, Kuwait and the other members of the Technical
Subcommittee and holds out a prospect of gradually producing tangible results.
While three exploratory missions carried out inside Iraq to date have not uncovered
any remains of the missing persons, their efforts have established confidence that
serious engagement is under way. Concrete progress will require strong
commitment, constructive collaboration and sustained professional effort.
21. I commend the determination and the contribution of the members of the
Tripartite Commission and its Technical Subcommittee to the task of resolving the
issue of missing persons. I appreciate the leading role of ICRC in this endeavour.
22. Now that the basic organizational and logistical aspects of the search for
missing persons have been put in place, the attainment of significant practical
results on the ground must become an operational priority. I call on Iraq to continue
to work with Kuwait in the spirit of trust and confidence in order to achieve
significant progress in the resolution of this humanitarian issue. This outcome, along
with other necessary steps by Iraq to comply with its obligations under the relevant
Security Council resolutions, would enhance the momentum to enable the Council
to take up my report of 27 July 2009 pursuant to paragraph 5 of resolution 1859
(2008) (S/2009/385).
23. I welcome the decision of Iraq to form a committee to coordinate the search
for the Kuwaiti national archive. This step is consistent with the recommendation
contained in my June 2011 report (S/2011/373) on the subject supported by the
members of the Security Council. I look forward to the intensification of efforts to
clarify the whereabouts of the archives by this newly established body and expect
that its activities will be brought to the attention of the United Nations.
24. In view of the potential for progress that lies ahead, I recommend that the
Security Council extend the financing of the mandate of the Coordinator until
30 June 2012, in order to continue to build upon the existing momentum towards the
implementation of paragraph 14 of resolution 1284 (1999).
25. I would also like to thank Ambassador Gennady Tarasov, the High-level
Coordinator, for his assiduous efforts and determination to resolve the issues that
are the subject of this report.
