Draft of UN resolution

[k hanly <khanly@xxxxxxxxxxxxxxx>]

The resolution makes no mention of UNMOVIC. Does this mean that the US will
make the final report to the UN onf WMD or what? THe UN seems to suffer from
severe memory loss. Does it not remember that inspectors were given a day or
so to clear out of Iraq or be bombed by the USUK forces? USUK simply ignored
the UN and did not invite inspectors back in to finish the job. Order of the
day was to have a UN resolution legimitising the occupation. Things have not
changed. Now the hand-picked interim government vetted by the US (and UK?)
is now to be legitimised.

There is no mention that the interim government lacks the power to enact new
laws that I can see but my understanding is that it will simply enforce laws
passed under the occupation. Is this just understood but unwritten?

Item 6 says that the mandate of the international force shall be reviewed in
12 months or at the request of the Transitional
Government of Iraq. The problem is that no such entity is mentioned earlier
just the Interim Government and the Trasitioal National Assembly. If the
latter is meant then the interim government has no say. It is also clear
that the US commanded multinational force has the say over security. The
rest about consultation etc. seems to be windowdressing. No where does it
say that the government has control over its own troops. What about jails
etc.? Of course multinational forces continue to be immune from Iraqi law.
What of all the private contractors and security guards?

The emphasis upon terrorism in the document is hardly surprising. It will
provide ammunition for the Bush garbage that Iraq is central to the war on
terrorism. No doubt any resistance after the transfer of sovereignty will be
dubbed terrorist. I hear that the new jail in Iraq will be called
Guantanamo II..


Cheers, Ken Hanly

The Security Council,

Recalling its previous relevant resolutions on Iraq, in particular
resolutions 1483 (2003) and 1511 (2003),

Reaffirming the sovereignty and territorial integrity of Iraq,

Recognizing the importance of international support, particularly that of
countries in the region, Iraq's neighbors, and regional organizations, for
the people of Iraq in their efforts to achieve security and prosperity,

Determined to mark a new phase in Iraq's transition to a democratically
elected government, and looking forward, to this end, to the end of the
occupations, and the assumption of authority by & sovereign Interim
Government of Iraq by 30 June 2004,

Welcoming the ongoing efforts of the Special Advisor to the
Secretary-General to assist the people of Iraq in achieving the formation of
a sovereign Interim Government of Iraq,

Welcoming the progress made in implementing the arrangements for Iraq's
political transition referred to in resolution 1511 (2003)

Affirming the importance of the principles of rule of law, including respect
for human rights and fundamental freedoms, and of democracy, including free
and fair elections

Recalling the establishment of the United Nations Assistance Mission for
Iraq (UNAMI) on 15 August 2003, and determined that the United Nations
should play a leading role in assisting the Iraqi people in the formation of
institutions for representative government.

Recognizing the international support for restoration of stability and
security is essential to the well-being of the people of Iraq as well as the
ability of all concerned to carry o out their work on behalf of the people
of Iraq, and welcoming Member State contributions in this regard under
resolution 1483 (2003) of 22 May 2003 and resolutions 1511 (2003) of 16
October 2003,

Recalling the report provided to the Security Council on 16 April 2004 under
resolution 1511 (2003) on the efforts and progress made by the multinational
force authorized under that resolution, welcoming the willingness of the
multinational force to continue efforts to contribute to the maintenance of
security and stability in Iraq in support of the political transition,
especially for upcoming elections, and to provide security of the UN
presence in Iraq, as further described in the letter to the President of the
Security Council on XX XX 2004, and recognizing the importance of the
consent of the sovereign government of Iraq for the presence of the
multinational force and of close coordination between the multinational
force and that government,

Noting that the multinational force will operate in accordance with
generally accepted principles of international law and cooperate with
relevant international organizations,

Affirming the important of international assistance in reconstruction and
development of the Iraqi economy,

Recognizing the benefits to Iraq of the Immunities and privileges enjoyed by
the Iraqi oil revenues and by the Development Fund for Iraq, and noting the
importance of providing for continued disbursements of this fund by the
Interim Government of Iraq and its successors upon dissolution of the
Coalition Provisional Authority.

Determining the situation in Iraq continues to constitute a threat to
international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1.  Endorses the formation of a sovereign Interim Government of Iraq that
will take office by 30 June 2004;

2.  Welcomes the commitment of the occupying powers to end occupation by 30
June 2004, at which time the Coalition Provisional Authority will cease to
exist and the Interim Government of Iraq will assume responsibility and
authority for governing a sovereign Iraq;

3.  Endorses the proposed timetable for Iraq's political transition to
democratic government, including;

(a)  formation of a sovereign Interim Government of Iraq that will assume
governing authority by 30 June 2004;

(b)  convening of a national conference; and

(c)  holding of direct democratic elections by 31 December 2004 if possible,
and in no case later than 31 January 2005, to a Transitional National
Authority Assembly which will, inter alia, have responsibility for drafting
a permanent constitution for Iraq under which democratic elections to a
national government will be held;

4.  Calls on all Iraqis to implement these arrangements peaceably and in
full, and on all States and relevant organizations to support such
implementations;

5.  Decides that, in implementing its mandate to assist the Iraqi people,
the Special Representative of the Secretary General and the United Nations
Assistance Mission for Iraq (UNAMI)

(a)  shall in particular:

(i)  assist in the convening, no later than XX XX 2004, of a national
conference to select a Consultative Council;

(ii)  advise and support the Interim Government of Iraq and the Transitional
National Assembly, as required, on the process for holding elections;

(iii)  promote national dialogue and consensus-building on the drafting of a
national constitution by the people of Iraq; and

(b)  shall as circumstances permit:

(i)  advise the Interim Government of Iraq in the development of effective
civil and social services;

(ii)  contribute to the coordination and delivery of reconstruction,
development, and humanitarian assistance;

(iii)  promote the protection of human rights, national reconciliation, and
judicial and legal reform in order to strengthen the rule of law in Iraq;
and

(iv)  advise and assist the Interim Government of Iraq on initial planning
for the eventual conduct of a comprehensive census;

6.  Reaffirms the authorization for the multinational force under unified
command established under resolution 1511 (2003), having regard to the
letter referred to in preambular paragraph 10 above, decides that the
multinational force shall have authority to take all necessary measures to
contribute to the maintenance of security and stability in Iraq including by
preventing and deterring terrorism, so that inter alia the United Nations
can fulfill its roll in assisting the Iraqi people as outlined in paragraph
five above and the Iraqi people can implement freely and without
intimidation the timetable and program for the political process and benefit
from reconstruction and rehabilitation activities, and decides further that
the mandate for the multinational force shall be reviewed 12 months from the
date of this resolution or at the request of the Transitional Government of
Iraq;

7.  Notes the creation by the multinational force of a distinct entity
within the multinational force and under it's unified command with a
dedicated mission to provide security for the UN presence in Iraq, and
requests Member States and relevant organizations to provide resources to
sup[ort that entity;

8.  Recognizes that the multinational force will also assist in building the
capability of the Iraqi security forces and institutions, through a program
of recruitment , training, equipping, mentoring and monitoring, to enable
the Iraqi forces progressively to play a greater role in creating conditions
of security and stability in Iraq, and welcomes in that regard the
arrangements that are being put in place to establish a partnership between
the multinational force and the Sovereign Interim Government of Iraq and to
ensure coordination between the two;

9.  Requests Member States and international and regional security
organizations to contribute assistance to the multinational force, including
military forces, to help meet the needs of the Iraqi people for security and
stability, humanitarian and reconstruction assistance, and to support the
efforts of UNAMI;

10.  Emphasizes the importance of developing effective Iraqi police, border
enforcement, and Facilities Protection Service of the maintenance of law,
order, and security, including combating terrorism, and requests Member
States and international organizations to assist the Interim Government of
Iraq in building the capability of these Iraqi institutions;

11.  Condemns all acts of terrorism in Iraq, and decides that, in accordance
with their obligations under resolutions 1373 (2001), 1267 (1999), 1333
(2000), 1390 (2002). 1455 (2003), and 1526 (2004) and with other relevant
international obligations, all States shall take immediate and necessary
steps, inter alia, to freeze funds and other financial assets or economic
resources of relevant individuals and entities, to prevent the entry into or
transit through their territories of relevant individuals, to prevent the
direct or indirect supply, sale or transfer of arms and related material to
relevant individuals and entities, to refrain from providing any form or
support, active or passive, to relevant individuals or entities, to prevent
individuals an entities from using their respective territories for the
purpose of financing, planning, facilitating or committing terrorist acts
against Iraq or its citizens, and to ensure that such individuals are
brought to justice;

12.  Welcomes efforts by Member States to support the Interim Government of
Iraq through the provision of technical and expert assistance;

13.  Decides that the prohibitions related to the sale or supply to Iraq of
arms and related material under previous resolutions shall not apply to arms
or related material required by the multinational force or the sovereign
government of Iraq to serve the purposes of this resolution, calls upon the
multinational force and the sovereign government of Iraq each to ensure
appropriate implementation procedures are in place, and stresses the
importance for all States, particularly Iraq's neighbors, to strictly abide
by them;

14.  Reiterates its request that Member States, international financial
institutions and other organizations strengthen their efforts to assist the
people of Iraq in reconstruction and development of the Iraqi economy,
including by providing international experts and necessary resources through
a coordinated program of donor assistance;

15.  Notes that upon dissolution of Coalition Provisional Authority the
funds in the Development Fun for Iraq shall be disbursed at the direction of
the Interim Government of Iraq and its successors, and decides that the
Development Fund for Iraq shall be utilized in a transparent manner and
through the Iraqi budget including to satisfy outstanding obligations
against the Development Fund for Iraq, that the arrangements for the
depositing of proceeds from export sales of petroleum, petroleum products,
and natural gas and its products established in paragraph 20 of resolution
1483 (2003) shall continue to apply, that the International Advisory and
Monitoring Board referred to in resolution 1483 (2003) shall continue its
activities in monitoring the Development Fund for Iraq and shall include as
an additional member a duly qualified representatives of the sovereign
government of Iraq, that the provisions above shall be reviewed no later
than 12 months from the date of this resolution or at the request of the
Transitional Government of Iraq, and that appropriate arrangements shall be
made for the continuation of deposits of the proceeds referred to in
paragraph 21 of resolution 1483 (2003);

16.  Decides that, in connection with the dissolution of the Coalition
Provisional Authority, the Interim Government of Iraq and its successors
shall assume the rights, responsibilities and obligations relating to the
Oil for Food Program that were transferred to the Authority pursuant to
Resolution 1483 (2003), including all operational responsibility for the
Program and any obligations undertaken by the Authority in connection with
such responsibility, and responsibility for ensuring independently
authenticated confirmation that goods have been delivered, and further
decides that, following a 120 day transition period, the Interim. Government
of Iraq and its successors shall assume responsibility for certifying
delivery of goods under contracts prioritized in accordance with that
resolution, and that such certification shall be deemed to constitute the
independent authentication required for the release of funds associated with
such contracts;

17.  Further decides that the provisions of paragraph 22 of resolution 1483
(2003) shall continue to apply, except that the privileges and immunities
provided in that paragraph shall not apply with respect to any claim arising
out of an obligation entered into by Iraq after 30 June 2004;

18.  Welcomes the commitments of creditors, including those of the Paris
Club, to identify ways to reduce substantially Iraq's sovereign debt, urges
the international financial institutions and bilateral donors to take
immediate steps to provide their full range of loans and other financial
assistance to Iraq, recognizes that the Interim Government of Iraq has the
authority to conclude and implement such agreements as may be necessary in
this regard, and requests creditors, institutions and donors to work as a
priority on these matters with the Interim Government of Iraq;

19.  Recalls the continuing obligations of Member States to freeze and
transfer certain funds, assets and economic resources to the Development
Fund for Iraq in accordance with paragraph 23 of resolution 1483 (2003);

20.  Calls upon all Member States to take appropriate steps within their
respective legal systems to stay for a period of 12 months from 30 June 2004
all legal and other similar proceedings before their courts or other
tribunals involving claims by or against the State of Iraq, its Government,
or any of its agencies or instrumentalities, including its State-owned
enterprises or similar bodies;

21.  Requests the Secretary-General to report to the Security Council within
three months from the date of this resolution on UN AMI operations in Iraq,
and on a quarterly basis thereafter on the progress made towards national
elections and fulfillment of all UNAMI's responsibilities;

22.  Decides to remain actively seized of the matter.