Essays and Reports

Text of United Nations draft resolution on Iraq

Associated Press
May 24, 2004

The United States and Britain circulated the following draft UN resolution on Iraq to Security Council members.

The date in section 5(a)(i) is incomplete, as in the
distributed text.

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
occupation and the assumption of authority by a sovereign Interim
Government of Iraq by 30 June 2004,

Welcoming the ongoing efforts of the Special Adviser 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 that international support for restoration of stability and
security is essential to the well-bring of the people of Iraq as well
as to the ability of all concerned to carry out their work on behalf of
the people of Iraq, and welcoming Member State contribution in this
regard under resolution 1483 (2003) of 22 May 2003 and resolution 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 for the UN presence in Iraq, as further
described in the letter to the President of the Security Council 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 importance of international assistance in reconstruction and development of the Iraqi economy,

Recognizing the benefits to Iraq of the immunities and privileges
enjoyed by 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 that 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 the
occupation by 30 June 2003, 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 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
implementation;

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 role 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 its unified command with a
dedicated mission to provide security for the UN presence in Iraq and
requests Member State and relevant organizations to provide resources
to support 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 for 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 of
support, active or passive, to relevant individuals or entities, to
prevent individuals and 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 materiel under previous resolutions shall not apply
to arms or related materiel required by the multinational force or the
sovereign government of Iraq to serve the purpose 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 the 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 the Coalition Provisional Authority
that funds in the Development Fund 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 representative of the sovereign government of Iraq,
and 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 o the Coalition of
Provisional Authority, the Interim Government of Iraq and its
successors shall assume the rights, responsibilities and obligations
relating to the Oil for Food Programme that were transferred to the
Authority pursuant to Resolution 1483 (2003), including all operational
responsibility for the Programme 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 provision 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 commitment 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 obligation 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 UNAMI
operations in Iraq, and on a quarterly bases thereafter on the progress
made toward national elections and fulfillment of all UNAMI’s
responsibilities;

22. Decides to remain actively seized of this matter.

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