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Following is the full text of the
US-proposed resolution that the five permanent members
of the United Nations Security Council are currently
considering:
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 150
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 the 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 paragraph 11
or 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
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 U.N. 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 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 restore 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.
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