Interesting developments from the Security General’s reports regarding Chapter VII. Here are the highlights.
For those who may not know the difference between Chapter VII and Chapter VI, here is a quick explanation. Chapter VII provides the legal enforcement of sanctions and military intervention which limits the freedom of a country. Chapter VI is recommendations but there is no enforcement to make it happen.
The activities reported in these recent reports provides the most significant indication the termination of Chapter VII may be imminent or at the very least within the next few months. It is very interesting to note the recommendations regarding the transfer of the Kuwait issues to UNAMI. I reported this as a possibility in a post dated Aug 5, 2009 stating the remaining issues with Kuwait, with the exception of the DFI and compensation funds, could be moved under the UNAMI umbrella. UNAMI is not under Chapter VII.
Item to watch for is the resolution on the border issue which seems to be a pivotal requirement. Kuwait is evidently still asking the enforcement provided by Chapter VII to remain in effect to ensure this project is completed.
I will also state I do not have a clue if this will impact the RV. It is simply a report on the UN activities which could determine the outcome of Chapter VII.
High Level Coordinator--S/2012/931
1) The High-level Coordinator, whose position was established under Chapter VII, (Resolution 1284-1999), is responsible for the issues of Kuwait’s missing persons and property. Every six months the Security Council votes to continue the funding for the position. The last vote was in June/2012.
2) In June/2012, Iraq requested that the High Level Coordinator position be terminated and replaced with a committee from Kuwait. Iraq recommended the issue of the missing persons and property be moved from Chapter VII to Chapter VI. The committee to be under the supervision of either the International Committee of the Red Cross or UNAMI. Iraq recommended this to be done immediately or no later than the end of 2012.
3) Kuwait disagreed and requested the High Level Coordinator position be continued.
In June/2012 the Security Council voted to continue the High Lever Coordinator position for another six months.
In a September/2012 letter, Kuwait changed position and suggests “Kuwait expressed the hope that the Security Council would establish a new mechanism under Chapter VI of the Charter of the United Nations”. Kuwait suggested three options, the appointment of a new high level coordinator, the appointment of a special representative, or put the program under UNAMI. Kuwait, however, placed one restriction on their recommendation. It was not to become effective until “after the fulfilment on the ground of Iraq’s other outstanding obligations, specifically those related to the border.”
The Secretary General’s Dec. 14th report to the SC, states Mr. Tasarov, High Level Coordinator, will end his tenure on December 31st.
The Secretary General concludes his report by stating he is exploring the options for the interim period. These include “asking UNAMI to fulfil this role, an approach both parties noted was acceptable to them; appointing an interim coordinator under the existing financial arrangements; replacing the current High-level Coordinator upon his retirement with another; or asking someone from United Nations Headquarters to assume this mandate”.
Border Issues
The UNAMI report (S/2012/848), dated Nov 16th, stated “ the Government of Iraq has not removed the obstacles between boundary pillars, an earlier agreement with the Government of Kuwait in this regard notwithstanding”.
The Security Council issued a press release on December 1, regarding the Iraq/Kuwait issues. This was highly unusual as the report from the High Level Coordinator was not due until the 8th of the month. The press release emphasized the importance of resolving the border issue and the remaining obligations under Chapter VII.
Compensation Issues
The UNAMI report also stated that Iraq has “yet to respond to the United Nations proposal to transfer the funds for the payment of compensation to Iraqi private citizens pursuant to Security Council resolution 899 (1994)”. There is another report S/2012/933 that has not yet been posted. It is interesting to note the report regarding the High Level Coordinator’s activities has been posted for public view while this second report has not. Both reports have the same date of issuance.
Additional Protocol S/1957/2010
The UNAMI report stated that on “10 October, in accordance with Security Council resolution 1957 (2010), Iraq’s Additional Protocol to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency entered into force”. This eliminates one more Chapter VII issue.
Excerpts from the Secretary General’s report (S/2012/931) on the High Level Coordinator’s activities dated December 14, 2012.
In my previous report, which the Security Council welcomed in a press
statement of 20 June 2012, I also expressed my belief that Iraq and Kuwait should
begin exploring other arrangements to consolidate efforts in the search for missing
Kuwaiti nationals and property.
On 18 June 2012, the Minister for Foreign Affairs of Iraq, in a letter to me, had
requested that the mandate of the High-level Coordinator be terminated and dealt
with through bilateral channels, possibly in cooperation with ICRC or UNAMI (see
annex III).
In a letter dated 20 July 2012 to the President of the Security Council
(S/2012/567), Kuwait expressed the hope that the Security Council would appoint
another High-level Coordinator or a Special Representative of the Secretary-
General, adding that “it would be appropriate if such a High-level Coordinator or
Special Representative were to follow up on all of Iraq’s outstanding international
obligations” (see S/2012/567). However, in a subsequent letter, dated 17 September
2012, to the Minister for Foreign Affairs of Iraq, Hoshyar Zebari, Kuwait clarified
its position to Iraq. In the letter, which was shared with the United Nations, Kuwait
expressed the hope that the Security Council would establish a new mechanism
under Chapter VI of the Charter of the United Nations through either: (a) the
appointment of a new High-level Coordinator; (b) the appointment of a new Special
Representative; or (c) the expansion of the mandate of UNAMI to include the issues
of missing Kuwaiti and third-country nationals and missing Kuwaiti property. The
letter further stated that this would happen after the fulfilment on the ground of
Iraq’s other outstanding obligations, specifically those related to the border.
18. During my recent visit, I held intensive follow-up discussions with the
Governments of the two countries on the continuation of United Nations activities in
this regard. Both parties reiterated their respective positions, and, welcoming a
continued United Nations role, were amenable to folding those activities into the
UNAMI mandate, but under certain conditions for Kuwait, most notably the fulfilment by Iraq of its border-related obligations.
I view the next few months as a crucial confidence-building period between
Iraq and Kuwait that will hopefully lead to the expeditious resolution of outstanding
multilateral and bilateral issues between them. During this interim period, the two
parties can count on the full support of the United Nations to facilitate the
normalization of their relations. I am committed to resolving the issues of missing
Kuwaiti and third-country nationals and missing Kuwaiti property as soon as
possible with the cooperation of the two parties. I look forward to working closely
with the Governments of Iraq and Kuwait both directly and through my
representatives in this regard. In light of the efforts of my High-level Coordinator
during his recent mandates, I am still exploring the best approach for the next period
for the work of the United Nations in this field. I am considering several options.
These include asking UNAMI to fulfil this role, an approach both parties noted was
acceptable to them; appointing an interim coordinator under the existing financial
arrangements; replacing the current High-level Coordinator upon his retirement with
another; or asking someone from United Nations Headquarters to assume this
mandate.
Press Release-Dec 1, 2012
The following Security Council press statement was issued on 1 December by Council President Mohammed Loulichki (Morocco):
The members of the Security Council welcomed the continued cooperation of the Governments of Iraq and Kuwait, and Iraq’s continued commitment to full implementation of its outstanding obligations under the relevant Chapter VII Security Council resolutions, and called on both States to continue to act in a spirit that builds further confidence and cooperation, which should contribute to the strengthening of their good neighbourly relations and enhancing regional stability.
The members of the Security Council reaffirmed the importance of Iraq achieving international standing equal to that which it held prior to the adoption of resolutions pertaining specifically to it, beginning with resolution 661 (1990), taking into account Iraq’s remaining obligations identified in the report of the Secretary-General pursuant to paragraph 5 of resolution 1859 (2008).
The members of the Security Council further welcomed the joint request of the Governments of Iraq and Kuwait, following the positive outcome of the second session of the Joint Iraq-Kuwait Ministerial Committee in April, for the United Nations to reactivate the Iraq-Kuwait Boundary Maintenance Project as recommended by the United Nations Iraq-Kuwait Boundary Demarcation Commission and welcomed by the Security Council in resolution 833 (1993).
The members of the Security Council recognized Kuwait’s cooperation to support the Iraq-Kuwait Boundary Maintenance Project and called on Iraq to complete the field maintenance work in a timely manner.
For those who may not know the difference between Chapter VII and Chapter VI, here is a quick explanation. Chapter VII provides the legal enforcement of sanctions and military intervention which limits the freedom of a country. Chapter VI is recommendations but there is no enforcement to make it happen.
The activities reported in these recent reports provides the most significant indication the termination of Chapter VII may be imminent or at the very least within the next few months. It is very interesting to note the recommendations regarding the transfer of the Kuwait issues to UNAMI. I reported this as a possibility in a post dated Aug 5, 2009 stating the remaining issues with Kuwait, with the exception of the DFI and compensation funds, could be moved under the UNAMI umbrella. UNAMI is not under Chapter VII.
Item to watch for is the resolution on the border issue which seems to be a pivotal requirement. Kuwait is evidently still asking the enforcement provided by Chapter VII to remain in effect to ensure this project is completed.
I will also state I do not have a clue if this will impact the RV. It is simply a report on the UN activities which could determine the outcome of Chapter VII.
High Level Coordinator--S/2012/931
1) The High-level Coordinator, whose position was established under Chapter VII, (Resolution 1284-1999), is responsible for the issues of Kuwait’s missing persons and property. Every six months the Security Council votes to continue the funding for the position. The last vote was in June/2012.
2) In June/2012, Iraq requested that the High Level Coordinator position be terminated and replaced with a committee from Kuwait. Iraq recommended the issue of the missing persons and property be moved from Chapter VII to Chapter VI. The committee to be under the supervision of either the International Committee of the Red Cross or UNAMI. Iraq recommended this to be done immediately or no later than the end of 2012.
3) Kuwait disagreed and requested the High Level Coordinator position be continued.
In June/2012 the Security Council voted to continue the High Lever Coordinator position for another six months.
In a September/2012 letter, Kuwait changed position and suggests “Kuwait expressed the hope that the Security Council would establish a new mechanism under Chapter VI of the Charter of the United Nations”. Kuwait suggested three options, the appointment of a new high level coordinator, the appointment of a special representative, or put the program under UNAMI. Kuwait, however, placed one restriction on their recommendation. It was not to become effective until “after the fulfilment on the ground of Iraq’s other outstanding obligations, specifically those related to the border.”
The Secretary General’s Dec. 14th report to the SC, states Mr. Tasarov, High Level Coordinator, will end his tenure on December 31st.
The Secretary General concludes his report by stating he is exploring the options for the interim period. These include “asking UNAMI to fulfil this role, an approach both parties noted was acceptable to them; appointing an interim coordinator under the existing financial arrangements; replacing the current High-level Coordinator upon his retirement with another; or asking someone from United Nations Headquarters to assume this mandate”.
Border Issues
The UNAMI report (S/2012/848), dated Nov 16th, stated “ the Government of Iraq has not removed the obstacles between boundary pillars, an earlier agreement with the Government of Kuwait in this regard notwithstanding”.
The Security Council issued a press release on December 1, regarding the Iraq/Kuwait issues. This was highly unusual as the report from the High Level Coordinator was not due until the 8th of the month. The press release emphasized the importance of resolving the border issue and the remaining obligations under Chapter VII.
Compensation Issues
The UNAMI report also stated that Iraq has “yet to respond to the United Nations proposal to transfer the funds for the payment of compensation to Iraqi private citizens pursuant to Security Council resolution 899 (1994)”. There is another report S/2012/933 that has not yet been posted. It is interesting to note the report regarding the High Level Coordinator’s activities has been posted for public view while this second report has not. Both reports have the same date of issuance.
Additional Protocol S/1957/2010
The UNAMI report stated that on “10 October, in accordance with Security Council resolution 1957 (2010), Iraq’s Additional Protocol to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency entered into force”. This eliminates one more Chapter VII issue.
Excerpts from the Secretary General’s report (S/2012/931) on the High Level Coordinator’s activities dated December 14, 2012.
In my previous report, which the Security Council welcomed in a press
statement of 20 June 2012, I also expressed my belief that Iraq and Kuwait should
begin exploring other arrangements to consolidate efforts in the search for missing
Kuwaiti nationals and property.
On 18 June 2012, the Minister for Foreign Affairs of Iraq, in a letter to me, had
requested that the mandate of the High-level Coordinator be terminated and dealt
with through bilateral channels, possibly in cooperation with ICRC or UNAMI (see
annex III).
In a letter dated 20 July 2012 to the President of the Security Council
(S/2012/567), Kuwait expressed the hope that the Security Council would appoint
another High-level Coordinator or a Special Representative of the Secretary-
General, adding that “it would be appropriate if such a High-level Coordinator or
Special Representative were to follow up on all of Iraq’s outstanding international
obligations” (see S/2012/567). However, in a subsequent letter, dated 17 September
2012, to the Minister for Foreign Affairs of Iraq, Hoshyar Zebari, Kuwait clarified
its position to Iraq. In the letter, which was shared with the United Nations, Kuwait
expressed the hope that the Security Council would establish a new mechanism
under Chapter VI of the Charter of the United Nations through either: (a) the
appointment of a new High-level Coordinator; (b) the appointment of a new Special
Representative; or (c) the expansion of the mandate of UNAMI to include the issues
of missing Kuwaiti and third-country nationals and missing Kuwaiti property. The
letter further stated that this would happen after the fulfilment on the ground of
Iraq’s other outstanding obligations, specifically those related to the border.
18. During my recent visit, I held intensive follow-up discussions with the
Governments of the two countries on the continuation of United Nations activities in
this regard. Both parties reiterated their respective positions, and, welcoming a
continued United Nations role, were amenable to folding those activities into the
UNAMI mandate, but under certain conditions for Kuwait, most notably the fulfilment by Iraq of its border-related obligations.
I view the next few months as a crucial confidence-building period between
Iraq and Kuwait that will hopefully lead to the expeditious resolution of outstanding
multilateral and bilateral issues between them. During this interim period, the two
parties can count on the full support of the United Nations to facilitate the
normalization of their relations. I am committed to resolving the issues of missing
Kuwaiti and third-country nationals and missing Kuwaiti property as soon as
possible with the cooperation of the two parties. I look forward to working closely
with the Governments of Iraq and Kuwait both directly and through my
representatives in this regard. In light of the efforts of my High-level Coordinator
during his recent mandates, I am still exploring the best approach for the next period
for the work of the United Nations in this field. I am considering several options.
These include asking UNAMI to fulfil this role, an approach both parties noted was
acceptable to them; appointing an interim coordinator under the existing financial
arrangements; replacing the current High-level Coordinator upon his retirement with
another; or asking someone from United Nations Headquarters to assume this
mandate.
Press Release-Dec 1, 2012
The following Security Council press statement was issued on 1 December by Council President Mohammed Loulichki (Morocco):
The members of the Security Council welcomed the continued cooperation of the Governments of Iraq and Kuwait, and Iraq’s continued commitment to full implementation of its outstanding obligations under the relevant Chapter VII Security Council resolutions, and called on both States to continue to act in a spirit that builds further confidence and cooperation, which should contribute to the strengthening of their good neighbourly relations and enhancing regional stability.
The members of the Security Council reaffirmed the importance of Iraq achieving international standing equal to that which it held prior to the adoption of resolutions pertaining specifically to it, beginning with resolution 661 (1990), taking into account Iraq’s remaining obligations identified in the report of the Secretary-General pursuant to paragraph 5 of resolution 1859 (2008).
The members of the Security Council further welcomed the joint request of the Governments of Iraq and Kuwait, following the positive outcome of the second session of the Joint Iraq-Kuwait Ministerial Committee in April, for the United Nations to reactivate the Iraq-Kuwait Boundary Maintenance Project as recommended by the United Nations Iraq-Kuwait Boundary Demarcation Commission and welcomed by the Security Council in resolution 833 (1993).
The members of the Security Council recognized Kuwait’s cooperation to support the Iraq-Kuwait Boundary Maintenance Project and called on Iraq to complete the field maintenance work in a timely manner.
