|
Text of U.N. Security Council Resolution on Iraq
UNITED
NATIONS, November 8 (IslamOnline & News Agencies) - The text of
the U.N. Security Council Resolution 1441, giving Iraq a final
opportunity to comply with its obligations to scrap its alleged
weapons of mass destruction, as obtained by Agence France-Presse
(AFP).
The Security Council,
Recalling all its previous relevant resolutions, in particular its
resolutions 661 (1990) of 6 August 1990, 678 (1990) of 29 November
1990, 686 (1991) of 2 March 1991, 687 (1991) of 3 April 1991, 688
(1991) of 5 April 1991, 707 (1991) of 15 August 1991, 715 (1991) of 11
October 1991, 986 (1995) of 14 April 1995, and 1284 (1999) of 17
December 1999, and all the relevant statements of its President,
Recalling
also its resolution 1382 (2001) of 29 November 2001 and its intention
to implement it fully,
Recognizing
the threat Iraq's noncompliance with Council resolutions and
proliferation of weapons of mass destruction and long-range missiles
poses to international peace and security,
Recalling
that its resolution 678 (1990) authorized Member States to use all
necessary means to uphold and implement its resolution 660 (1990) of 2
August 1990 and all relevant resolutions subsequent to Resolution 660
(1990) and to restore international peace and security in the area,
Further
recalling that its resolution 687 (1991) imposed obligations on Iraq
as a necessary step for achievement of its stated objective of
restoring international peace and security in the area,
Deploring
the fact that Iraq has not provided an accurate, full, final, and
complete disclosure, as required by resolution 687 (1991), of all
aspects of its programs to develop weapons of mass destruction and
ballistic missiles with a range greater than one hundred and fifty
kilometers, and of all holdings of such weapons, their components and
production facilities and locations, as well as all other nuclear
programs, including any which it claims are for purposes not related
to nuclear-weapons-usable material,
Deploring
further that Iraq repeatedly obstructed immediate, unconditional, and
unrestricted access to sites designated by the United Nations Special
Commission (UNSCOM) and the International Atomic Energy Agency (IAEA),
failed to cooperate fully and unconditionally with UNSCOM and IAEA
weapons inspectors, as required by resolution 687 (1991), and
ultimately ceased all cooperation with UNSCOM and the IAEA in 1998,
Deploring
the absence, since December 1998, in Iraq of international monitoring,
inspection, and verification, as required by relevant resolutions, of
weapons of mass destruction and ballistic missiles, in spite of the
Council's repeated demands that Iraq provide immediate, unconditional,
and unrestricted access to the United Nations Monitoring, Verification
and Inspection Commission (UNMOVIC), established in resolution 1284
(1999) as the successor organization to UNSCOM, and the IAEA, and
regretting the consequent prolonging of the crisis in the region and
the suffering of the Iraqi people,
Deploring
also that the Government of Iraq has failed to comply with its
commitments pursuant to resolution 687 (1991) with regard to
terrorism, pursuant to resolution 688 (1991) to end repression of its
civilian population and to provide access by international
humanitarian organizations to all those in need of assistance in Iraq,
and pursuant to resolutions 686 (1991), 687 (1991), and 1284 (1999) to
return or cooperate in accounting for Kuwaiti and third country
nationals wrongfully detained by Iraq, or to return Kuwaiti property
wrongfully seized by Iraq,
Recalling
that in its resolution 687 (1991) the Council declared that a
ceasefire would be based on acceptance by Iraq of the provisions of
that resolution, including the obligations on Iraq contained therein,
Determined
to ensure full and immediate compliance by Iraq without conditions or
restrictions with its obligations under resolution 687 (1991) and
other relevant resolutions and recalling that the resolutions of the
Council constitute the governing standard of Iraqi compliance,
Recalling
that the effective operation of UNMOVIC, as the successor organization
to the Special Commission, and the IAEA is essential for the
implementation of resolution 687 (1991) and other relevant
resolutions,
Noting
the letter dated 16 September 2002 from the Minister for Foreign
Affairs of Iraq addressed to the Secretary General is a necessary
first step toward rectifying Iraq's continued failure to comply with
relevant Council resolutions,
Noting
further the letter dated 8 October 2002 from the Executive Chairman of
UNMOVIC and the Director General of the IAEA to General Al-Saadi of
the Government of Iraq laying out the practical arrangements, as a
follow-up to their meeting in Vienna, that are prerequisites for the
resumption of inspections in Iraq by UNMOVIC and the IAEA, and
expressing the gravest concern at the continued failure by the
Government of Iraq to provide confirmation of the arrangements as laid
out in that letter,
Reaffirming
the commitment of all Member States to the sovereignty and territorial
integrity of Iraq, Kuwait, and the neighboring States,
Commending
the Secretary General and members of the League of Arab States and its
Secretary General for their efforts in this regard,
Determined
to secure full compliance with its decisions,
Acting
under Chapter VII of the Charter of the United Nations,
1.
Decides that Iraq has been and remains in material breach of its
obligations under relevant resolutions, including resolution 687
(1991), in particular through Iraq's failure to cooperate with United
Nations inspectors and the IAEA, and to complete the actions required
under paragraphs 8 to 13 of resolution 687 (1991);
2. Decides, while acknowledging paragraph 1 above, to afford Iraq, by
this resolution, a final opportunity to comply with its disarmament
obligations under relevant resolutions of the Council; and accordingly
decides to set up an enhanced inspection regime with the aim of
bringing to full and verified completion the disarmament process
established by resolution 687 (1991) and subsequent resolutions of the
Council;
3. Decides that, in order to begin to comply with its disarmament
obligations, in addition to submitting the required biannual
declarations, the Government of Iraq shall provide to UNMOVIC, the
IAEA, and the Council, not later than 30 days from the date of this
resolution, a currently accurate, full, and complete declaration of
all aspects of its programs to develop chemical, biological, and
nuclear weapons, ballistic missiles, and other delivery systems such
as unmanned aerial vehicles and dispersal systems designed for use on
aircraft, including any holdings and precise locations of such
weapons, components, sub-components, stocks of agents, and related
material and equipment, the locations and work of its research,
development and production facilities, as well as all other chemical,
biological, and nuclear programs, including any which it claims are
for purposes not related to weapon production or material;
4. Decides that false statements or omissions in the declarations
submitted by Iraq pursuant to this resolution and failure by Iraq at
any time to comply with, and cooperate fully in the implementation of,
this resolution shall constitute a further material breach of Iraq's
obligations and will be reported to the Council for assessment in
accordance with paragraphs 11 and 12 below;
5. Decides that Iraq shall provide UNMOVIC and the IAEA immediate,
unimpeded, unconditional, and unrestricted access to any and all,
including underground, areas, facilities, buildings, equipment,
records, and means of transport which they wish to inspect, as well as
immediate, unimpeded, unrestricted, and private access to all
officials and other persons whom UNMOVIC or the IAEA wish to interview
in the mode or location of UNMOVIC's or the IAEA's choice pursuant to
any aspect of their mandates; further decides that UNMOVIC and the
IAEA may at their discretion conduct interviews inside or outside of
Iraq, may facilitate the travel of those interviewed and family
members outside of Iraq, and that, at the sole discretion of UNMOVIC
and the IAEA, such interviews may occur without the presence of
observers from the Iraqi government; and instructs UNMOVIC and
requests the IAEA to resume inspections no later than 45 days
following adoption of this resolution and to update the Council 60
days thereafter;
6. Endorses the 8 October 2002 letter from the Executive Chairman of
UNMOVIC and the Director General of the IAEA to General Al-Saadi of
the Government of Iraq, which is annexed hereto, and decides that the
contents of the letter shall be binding upon Iraq;
7. Decides further that, in view of the prolonged interruption by Iraq
of the presence of UNMOVIC and the IAEA and in order for them to
accomplish the tasks set forth in this resolution and all previous
relevant resolutions and notwithstanding prior understandings, the
Council hereby establishes the following revised or additional
authorities, which shall be binding upon Iraq , to facilitate their
work in Iraq:
-- UNMOVIC and the IAEA shall determine the composition of their
inspection teams and ensure that these teams are composed of the most
qualified and experienced experts available;
-- All UNMOVIC and IAEA personnel shall enjoy the privileges and
immunities, corresponding to those of experts on mission, provided in
the Convention on Privileges and Immunities of the United Nations and
the Agreement on the Privileges and Immunities of the IAEA ;
-- UNMOVIC and the IAEA shall have unrestricted rights of entry into
and out of Iraq, the right to free, unrestricted, and immediate
movement to and from inspection sites, and the right to inspect any
sites and buildings, including immediate, unimpeded, unconditional,
and unrestricted access to Presidential Sites equal to that at other
sites, notwithstanding the provisions of resolution 1154 (1998);
-- UNMOVIC and the IAEA shall have the right to be provided by Iraq
the names of all personnel currently and formerly associated with
Iraq's chemical, biological, nuclear, and ballistic missile programs
and the associated research, development, and production facilities;
-- Security of UNMOVIC and IAEA facilities shall be ensured by
sufficient UN security guards;
-- UNMOVIC and the IAEA shall have the right to declare, for the
purposes of freezing a site to be inspected, exclusion zones,
including surrounding areas and transit corridors, in which Iraq will
suspend ground and aerial movement so that nothing is changed in or
taken out of a site being inspected;
-- UNMOVIC and the IAEA shall have the free and unrestricted use and
landing of fixed- and rotary-winged aircraft, including manned and
unmanned reconnaissance vehicles;
-- UNMOVIC and the IAEA shall have the right at their sole discretion
verifiably to remove, destroy, or render harmless all prohibited
weapons, subsystems, components, records, materials, and other related
items, and the right to impound or close any facilities or equipment
for the production thereof; and
-- UNMOVIC and the IAEA shall have the right to free import and use of
equipment or materials for inspections and to seize and export any
equipment, materials, or documents taken during inspections, without
search of UNMOVIC or IAEA personnel or official or personal baggage;
8. Decides further that Iraq shall not take or threaten hostile acts
directed against any representative or personnel of the United Nations
or the IAEA or of any Member State taking action to uphold any Council
resolution;
9. Requests the Secretary General immediately to notify Iraq of this
resolution, which is binding on Iraq; demands that Iraq confirm within
seven days of that notification its intention to comply fully with
this resolution; and demands further that Iraq cooperate immediately,
unconditionally, and actively with UNMOVIC and the IAEA;
10. Requests all Member States to give full support to UNMOVIC and the
IAEA in the discharge of their mandates, including by providing any
information related to prohibited programs or other aspects of their
mandates, including on Iraqi attempts since 1998 to acquire prohibited
items, and by recommending sites to be inspected, persons to be
interviewed, conditions of such interviews, and data to be collected,
the results of which shall be reported to the Council by UNMOVIC and
the IAEA;
11. Directs the Executive Chairman of UNMOVIC and the Director General
of the IAEA to report immediately to the Council any interference by
Iraq with inspection activities, as well as any failure by Iraq to
comply with its disarmament obligations, including its obligations
regarding inspections under this resolution;
12. Decides to convene immediately upon receipt of a report in
accordance with paragraphs 4 or 11 above, in order to consider the
situation and the need for full compliance with all of the relevant
Council resolutions in order to secure international peace and
security;
13. Recalls, in that context, that the Council has repeatedly warned
Iraq that it will face serious consequences as a result of its
continued violations of its obligations;
14. Decides to remain seized of the matter.
|
