SC/8117
9 June 2004
Security Council Endorses Formation of Sovereign Interim Government in Iraq; Welcomes End of Occupation by 30 June, Democratic Elections by January 2005
Resolution 1546 (2004) Adopted Unanimously
NEW YORK, 8 June (UN Headquarters) -- The Security Council this evening coalesced around a comprehensive resolution on Iraq, which endorsed the formation of the interim government and the holding of democratic elections by January 2005, welcomed the end of occupation by 30 June, and determined the status of the multinational force and its relationship with the Iraqi Government, as well as the role of the United Nations in the political transition.
Acting under Chapter VII of the Charter, the Council, through the unanimous adoption of resolution 1546 (2004), endorsed the timetable for the political transition leading to a constitutionally elected government by 31 December 2005, as well as the convening of a national conference.
Among the several provisions concerning the multinational force, the Council decided that the force should have the authority to “take all necessary measures” to contribute to the maintenance of security and stability in Iraq in accordance with the letters annexed to the resolution. (Those letters, dated 5 June, are from the Prime Minister of the Interim Government Ayad Allawi and United States Secretary of State Colin L. Powell to the Council President).
The Council welcomed the letters stating, among other things, that arrangements were being put in place to establish a “security partnership” between the sovereign Iraqi Government and the multinational force and to ensure coordination between the two. It also noted that the Government had authority to commit Iraqi security forces to the multinational force to engage in operations with it, and that the security structures described in the letters would serve as the forums for the Government and the multinational force to reach agreement on the full range of security and policy issues.
The Council also decided that the mandate for the multinational force should be reviewed at the request of the Iraqi Government or 12 months from the date of today’s resolution, and that the mandate should expire upon completion of the political process. It would terminate the mandate earlier if requested by the Government of Iraq.
Also by the text, the Council decided that the Special Representative of the Secretary-General and the United Nations Assistance Mission for Iraq (UNAMI), as requested by the Iraqi Government, should play a leading role in, among other tasks, the electoral process, the development of effective civil and social services, and coordination and delivery of reconstruction, development, and humanitarian assistance.
All Council members explained their position following the vote, with many referring to the consensus adoption as a milestone for both Iraq and the Security Council. The United States’ representative, a lead sponsor, called the passage a vivid demonstration of broad international support for a unified Iraq. He said the resolution defined the key political task in which the United Nations should play a “leading and vital” role. It made clear that Iraq’s sovereignty would be “undiluted” and that its Government would have the final say on the presence of the multinational force.
Throughout the negotiations, France’s representative said he was both demanding because the stakes were considerable and constructive because he believed the unity of the international community was more necessary than ever. The final text met his demands on many points, including that the Iraqi armed forces and security forces would not be part of the multinational force and that it would be up to the Iraqi Government solely to decide whether to commit them to multinational force operations.
Regarding implementation of the mandate of the multinational force, in particular the conditions of engagement in the event of sensitive offensive operations, he said, however, that the resolution did not spell out what would happen in the event of disagreement between the interim government and the force. He would have preferred the text to mention that the final say in that case would fall to the Iraqi Government, but since that provision had not been explicitly requested by the Iraqi leaders, he was satisfied at the final adjustment made to the text.
Statements were also made by the representatives of the United Kingdom, Algeria, Pakistan, China, Germany, Russian Federation, Chile, Spain, Brazil, Romania, Angola and Benin. The representative of the Philippines, Council President for the month, spoke in his national capacity.
The meeting began at 4:45 p.m. and was adjourned at 6:11 p.m.
Background
The Security Council met this afternoon to consider the situation between Iraq and Kuwait, for which the Council had before it a draft resolution sponsored by Romania, United Kingdom and United States.
Action on Draft
The Security Council unanimously adopted the draft resolution on Iraq.
Explanations of Vote
Speaking after the vote, JOHN D. NEGROPONTE (United States) said that with today’s vote, the Security Council had acknowledged an important milestone -– by 30 June, Iraq would reassert its sovereignty as a step forward on a path to a democratic government. The passage of the resolution was a vivid demonstration of broad international support for a federal, democratic, pluralistic and unified Iraq in which full respect for political and human rights prevailed.
Earlier this week, he recalled, Mr. Brahimi briefed the Council on the formation of the interim government, which would pave the way for national elections for a Transitional National Assembly no later than January 2005. Resolution 1546 defined the key political task in which the United Nations should play a “leading and vital” role to support Iraqi efforts. The text had made clear that Iraq’s sovereignty would be “undiluted” and that its Government would have the sovereign authority to request and decline assistance, including in the security sector. The Government would have the final say on the presence of the multinational force.
The resolution also addressed the current security reality and affirmed the security structures and mechanisms presently warranted, he noted. The annexed letters from Prime Minister Allawi and Secretary of State Powell had described the security partnership being put in place between the Iraqi Government and the multinational force. The international community now had a renewed opportunity to help the people of Iraq and their sovereign Government.
Undeterred by Saddam Hussein’s legacy of many years of oppression and war, the Iraqi people were determined to create a new reality, he said. International assistance could and should enhance their prospects for success. The resolution called on the international community to join those already helping the talented people of Iraq. Member States should not delay in matching advice with concrete assistance. As President Bush had said, a free Iraq deserved the full support of the international community. The constructive dialogue leading to the Council’s unanimous vote today should mark strengthened international resolve to work together for a democratic, secure and prosperous Iraq, and for the lasting and permanent benefits of its people.
EMYR JONES PARRY (United Kingdom) said that today’s resolution marked a defining moment for Iraq. The Council had powerfully endorsed the formation of a sovereign interim government, which would assume full responsibility and authority for governing Iraq by 30 June. It was a crucial phase in Iraq’s transition to full democracy. The resolution gave the Government the best possible start as it led Iraq out of occupation, and proved itself to the Iraqi people through its actions. “The promise is great -– a stable, federal, democratic, pluralistic and unified Iraq where there is full respect for human rights.”
The resolution, he said, made an important contribution to Iraq’s development. As well as endorsing the formation of the interim government, it set a clear path for the future political process, which would end with elections on the basis of a constitution approved by the Iraqi people. It gave the United Nations a leading role, as circumstances permit, to assist the Iraqi people in that process. It encouraged the international community to assist Iraq’s reconstruction, including working towards a sustainable reduction of Iraq’s debt burden.
Also, he continued, on the basis of the Iraqi Government’s request for the multinational force to remain in Iraq, the resolution authorized its continued presence. The sovereign Government would be able to require a review of the force or its termination. The resolution, including the annexed letters, also set out the full partnership between the Iraqi Government and the force.
That relationship, he said, between the Iraqi Government and the force was undeniably the most complex issue in the negotiation. The resulting arrangements, stemming from discussion with the incoming interim government, made clear that Iraqi security forces, including armed forces, would be responsible to Iraqi ministers; an Iraqi led forum would set the broad Iraqi security policy framework; national, regional and local coordination mechanisms would ensure unified command for those operations to which the Iraqi Government committed its troops; and that the aim would be agreement on the full range of fundamental security and policy issues, including policy on sensitive operations.
The United Kingdom, as a member of the multinational force, stood ready to participate fully in those arrangements, he stated. It was committed to playing its part towards building security and stability in Iraq for as long as needed and as long as the Iraqi Government wished. His country was also determined to support Iraqi efforts progressively to take on responsibility for their own security.
ABDALLAH BAALI (Algeria) said that the adoption of the resolution was a historic moment for the proud Iraqi people who, after 30 years of dictatorship and 15 months of foreign occupation, would, by 30 June, recover their independence, their sovereignty and their dignity. The resolution also marked a new chapter for the Iraqi people in their legitimate quest for stability, prosperity and democracy. Yet, the future remained “loaded” with dangers and uncertainties, and the resolution just adopted was not aiming at or capable of lifting all of those.
In fact, he continued, the challenges facing the Iraqi people were formidable, and it was indeed up to them and to the governments that would lead the country until legitimate institutions were elected to make the political transition work and to make their dream of a free and democratic Iraq come true. For that to happen, Iraq had to work hard to create the necessary conditions for its people to live in peace and security, to put together a credible and self-reliant army to protect it from internal and external threats, to develop a genuine democratic process, and to use the remarkable human and natural resources that made that country so unique. It had to rebuild an economy ravaged by years of wars, sanctions and neglect, and to restore hope and confidence.
He said that the most daunting and pressing priority for the leadership of Iraq would be to reduce the level of violence and bring peace and stability to the country. Insecurity could not be successfully addressed through military means alone. He, therefore, added his voice to the appeal made by Mr. Brahimi to the Iraqi Government to reach out to those who had been vocal critics of the past year’s process. In that context, the National Conference was the ideal forum to promote a meaningful dialogue, a true and national reconciliation and to build a strong consensus on Iraq’s political future.
While not perfect, the resolution was undoubtedly “the best we could get under the circumstances and is indeed a well-balanced text” which, among other things, managed to reconcile two extremes, namely the concept of Iraqi sovereignty and the need to maintain on Iraqi soil the presence of an effective and fully operational multinational force requested and invited by a “Government-in-waiting”.
He said he was particularly grateful to the co-sponsors for having responded constructively and positively to four crucial demands his delegation had put forward at the very outset of the negotiations, namely: that full and undiminished sovereignty be restored to Iraq; that the Government exercise full authority and responsibility in governing Iraq, including on security issues and over its financial and natural resources; that all armed Iraqi and security forces be placed under the sole authority of the Iraqi Government; and that the Government’s consent be required in respect to sensitive military operations carried out by the multinational force, as well as regarding the engagement of its own forces in multinational force operations.
MUNIR AKRAM (Pakistan) said that he had voted in favour of the resolution. The people of Iraq had suffered for decades. The resolution prepared the way for Iraq to embark on a new path towards peace and prosperity. It should mark a new era for Iraq and its people. It should also promote security and reconstruction, and revive its potential of economic growth. The text of the resolution underwent substantial transformation before becoming acceptable to all Council members. He commended the co-sponsors for the flexibility shown in the negotiations.
He said he was glad that most of the changes proposed were accommodated in the text. Those included the transfer of full sovereignty and authority to Iraq; affirmation of the independence and territorial integrity of Iraq; supremacy for the wishes of Iraq and Iraqi control over its own security forces; the presence of the multinational force at the request of the Iraqi Government; establishment of a coordination mechanism between the Force and the interim government; and adherence by all concerned to the principles of humanitarian law.
The resolution, he continued, affirmed that the United Nations must play a leading role in promoting implementation of the processes envisaged therein, he said. The endeavours of Mr. Brahimi had been outstanding, and he had performed a most difficult diplomatic feat. The resolution was a most significant step since the first Gulf War toward the full normalization of the situation in Iraq. The text indicated a timetable for the establishment of a democratically elected government and an end to the presence of the multinational force.
However, he noted, the security situation remained volatile and unstable. He hoped that following the transfer of sovereignty, the security environment would improve significantly. The problem of insecurity could not be solved through military means alone. Political solutions were required to achieve military stability. He hoped the interim government would benefit from international assistance to broaden political consensus and make all efforts to bring all groups under the tent.
Peace and stability in Iraq would no doubt reinforce stability in the region, he added. As a regional State, Pakistan looked forward to an Iraq at peace with itself and its neighbours. The support of its neighbours, and Arab and Islamic countries would be an important component in realizing its economic, political and security goals.
WANG GUANGYA (China) said that today was an important day for the Iraqi people and the United Nations. The resolution was a milestone and would usher in a historical turning point in the Iraqi political process and a new page in the relationship between Iraq and the United Nations. The text would also further strengthen the authority and rule of the Security Council. The Iraqi people were industrious and talented and had made brilliant contributions to human civilization. But, for more than a decade, they had suffered from wars and turbulence.
He said that the resolution just adopted had undoubtedly laid a foundation for the early fulfilment of their aspirations. It had endorsed the formation of the interim government and reaffirmed the right of Iraqis to determine their own political future and control over their natural and economic resources, among other things. With adoption of the text, he looked forward to 30 June, which would witness the full assumption of sovereignty and the return of Iraq to the family of nations.
Hopefully, he said, with the broad support of the Iraqi people and the unstinting assistance of the international community, the Iraqi Government would conform to its obligations, take measures towards stability and security, promote reconciliation and hold free and fair elections on schedule. With the transfer of sovereignty, the great Iraqi people would make unremitting efforts to remove all obstacles and resume the path towards peace, democracy and development, as well as make regional contributions and advance the goals of civilization overall.
For the past 10 years, Iraq had been a focus of the Security Council, with the adoption of more than 70 resolutions, he noted. In the process of arriving at an appropriate settlement, there had been times of close cooperation and deep divisions. He was pleased that the Council now stood unified again in response to the appeals of the Iraqi people. The resolution had been the result of joint efforts by all Council members, and that would turn the relationship between the United Nations and Iraq into one of partnership with shared objectives.
Indeed, he said, today’s action was a new beginning for both the Council and Iraq, though implementation would be fraught with challenges. As long as all parties put the interest of the Iraqi people first, implementation would certainly help improve the security situation, advance the political process, and promote post-war reconstruction.
JEAN-MARC DE LA SABLIÈRE (France) said he had voted in favour of the resolution. France had approached the discussion on the resolution with three goals for the Iraqi people and the United Nations: first, to ensure that the Iraqi interim government would have all the attributes of sovereignty and complete authority to govern the country after 30 June, in spite of the need to maintain a very large foreign military presence; second, to give the Iraqi people credible assurances that the political process was continuing and that the presence of foreign troops was temporary and limited in time to clarify the political horizon of the Iraqi people and assure them that the coming transition period would end as soon as possible; and third, to entrust a mandate to the United Nations which guaranteed the credibility of the Organization and which was realistic in light of what it could do in the present circumstances in Iraq.
The first two elements were essential for the Iraqis to support the current political process and have confidence in the new Iraqi Government, he said. The third allowed for the role of the United Nations to be preserved in the settlement of crises and, to the extent possible, for the security of those who would act in the Organization’s name in the field.
France had emphasized, from the first informal consultations in the Council, the importance it gave to the mandate that the Council would entrust to the United Nations and the legal framework for the action of the multinational force. On the first point, the aim was to allow the Iraqis to take maximum advantage of United Nations expertise in the extension of the action of Mr. Brahimi and Ms. Perelli, while taking into account the security conditions. He was pleased that a consensus had been reached in the Council on that issue.
On the second point, he said that the aim was to take account of the change resulting from the restoration of Iraqi sovereignty to retool the mandate of the multinational force, while spelling it out clearly in the framework of international law.
Throughout the negotiations, France was both demanding, because the stakes were considerable, and constructive, because it believed the unity of the international community was more necessary than ever. The final text met his delegation’s demands on many points. The Iraqi interim government would have complete responsibility and authority to govern the country; the various stages in the political process had been endorsed by the resolution, specifically the timetable for elections and for the end of the transition period, no later than the end of 2005; and the sovereign government might at any time ask for the mandate of the multinational force to be revised or ended, and that request would be binding on the Security Council.
Also, he said, the resolution clearly stated that from now on, the Iraqi armed forces and security forces would not be part of the multinational force. They were to be placed under the sole authority of the Iraqi Government and it would be up to the Government to decide whether to commit them, if it deemed it necessary or desirable, to multinational force operations. France had insisted on those last two points so that the relationship between the interim government and the Force would reflect the sovereignty that the interim government would have after 1 July.
However, regarding the implementation of the mandate of the force, in particular the conditions of engagement in the event of sensitive offensive operations, the resolution stated that the interim government and the force would have to reach an agreement. But it did not spell out what would happen in the event of disagreement. That was why France would have preferred the text to mention that the final say in that case would fall to the Iraqi government. As that provision was not explicitly requested by the Iraqi leaders, he was satisfied at the final adjustment made to the paragraph regarding the arrangements.
GUNTER PLEUGER (Germany) said he welcomed the unanimous adoption of the resolution, as a result of proposals and amendments made by various Council members -- not least by the imaginative and constructive approach of the French-German amendments, which had been largely included in the text, along with suggestions by the Iraqi side. Thanks also to the co-sponsors in the course of the negotiations, the text had been substantially improved.
He said his country supported the resolution as an important step towards the restoration of full sovereignty of the Iraqi interim government in all relevant areas and towards Iraqi ownership. It did so, in particular, in view of the clarifications with regard to the security partnership between the interim government and the multinational force, as spelled out in the body of the resolution and in the letters of Prime Minister Allawi and Secretary of State Powell.
It was of crucial importance now that the resolution was implemented with unequivocal respect for the full sovereignty of Iraq, he stressed. Regional and international support for the Iraqi people was equally essential. It was in that spirit that Germany stood ready to cooperate with the new Iraqi authorities in the political and economic reconstruction of Iraq.
ALEXANDER KONUZIN (Russian Federation) said he had supported the resolution adopted today, which marked a milestone in Iraq’s history. During the negotiations, the Council had managed to work out a decision culminating in the end of the occupation and the transfer of full sovereignty. Now there was the prospect of enhancing the United Nations contribution in the developing political process. The resolution unequivocally affirmed the right of Iraqis to determine their political future and control their natural resources.
He welcomed the inclusion of the provisions on incorporating opposition elements in the political process and on the need for all parties to comply with all international humanitarian norms. It was important to have a timeline for the political process and national elections in January 2005, leading to the formation of a transitional government. Russia, before adopting the resolution, had suggested an international conference with the parties of all influential Iraqi forces, as well as Iraq’s neighbours and members of the Security Council. That proposal was “still in force”. He called on the Iraqi leadership to look at the convening of that type of meeting.
It was important that provisions of the resolution be adopted on the basis of relevant requests of the interim government, including the deployment of the multinational force and the provision of international assistance. Under the resolution, the United Nations would need to meet some serious challenges in Iraq. The Organization would only be able to meet those challenges if the necessary level of security was provided. The key provision pertained to the mandate of the multinational force, which was clearly linked to the timeline of the political process. It was clear that their presence depended on the consensus of the Iraqi Government and their function was to provide security during the transitional period. There should be a coordinating mechanism to lay out the partnership between the Government and the force. All of the work of the force must be done in agreement with Iraqi authorities.
Since the problem of weapons of mass destruction was the cause of the beginning of the war in Iraq, it could not be left unattended, he said. He hoped that work could begin soon on adapting the mandate of the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the International Atomic Energy Agency (IAEA) to the new conditions in the country. The Council had also endowed the Iraqi Government with economic sovereignty during the transitional period. He emphasized the need to ensure a fair and transparent approach regarding the Iraqi Development Fund and compliance with obligations in accordance with prioritized contracts from the former Iraq Programme. His country was continuing to provide assistance to the restoration of the Iraqi economy.
Only time would tell whether the adoption of the resolution would mark a turnaround for Iraq, he stated. Much would depend on whether Iraqis themselves sensed a transformation from occupation to full sovereignty. The resolution would help pool the efforts of the international community for a real settlement of Iraq, which remained “a bleeding wound” in the region and in the world.
HERALDO MUÑOZ (Chile) said that no negotiation produced a perfect result for all the parties concerned or satisfied all aspirations or amendments. He thanked the openness of the process provided by the sponsors, as well as the constructive attitude of all the Council colleagues. “It is a good resolution. We are satisfied. It is the best resolution that could be agreed given the circumstances on the ground and recent history”, he said.
Hopefully, he said, the resolution would help the Iraqi people and the Government. At the end of the day, the future of the Iraqis was what truly mattered, and to that purpose, that good resolution might indeed contribute. Its success would be proven in the reaction in world public opinion and on the streets of Baghdad.
The resolution was the “theoretical underpinning” of the new phase in Iraq, he said. It remained to be seen how that would translate into practice into a sovereign Government that effectively constructed its own future. Violence in Iraq would not stop automatically with the resolution, or with the assumption of the interim Iraqi Government on 30 June. There would be a difficult process of peace construction, which would become stronger as Iraqis elected their government democratically in January 2005 and ran their country in all aspects and all spheres. In the recent difficult period, Chile had consistently supported the multilateral approach. Today, the United Nations was again taking up its role and would be the centre of gravity in assisting Iraq.
JUAN ANTONIO YAÑEZ-BARNUEVO (Spain) said he had voted in favour of the resolution. It was not the ideal resolution. He would have wanted the United Nations to have assumed military leadership in the transition phase. On 1 July, the interim government would recover the exercise of its sovereignty, which should be understood in the broadest sense. Spain would not remain indifferent to Iraq’s present and future. Iraq would enjoy Spain’s full support to ensure a stable and prosperous nation. Spain would support whatever action was taken by the United Nations, the European Union or others to provide a framework for international cooperation to ensure that Iraqis regained full sovereignty and organized free and democratic elections.
Spain had been defending a more ambitious role for the United Nations in Iraq, he said. Today, the United Nations would act to assist the transitional government in preparing for the electoral process. One essential element of the resolution related to the security structure. In that regard, he hoped that the security agreement concluded between the Government and the multinational force fully respected the sovereignty of Iraq and was a true reflection of the principle of authority that should preside over relations between the interim government and the force. He also hoped an agreement was entered into quickly to affirm the role of the interim government when sensitive operations were carried out.
His country had always supported the role played by countries in the region for the reinsertion of Iraq into the international community. He believed it positive to have an international conference, to be convened when the Government deemed it appropriate. He noted that funds from the Development Fund for Iraq could be provided to the interim government on a discretionary basis. Also, the resolution enshrined an extension of the International Advisory and Monitoring Board.
On the humanitarian front, he was pleased at the reference in the preambular section of the text for all parties to observe international humanitarian law. He would have liked the inclusion of that provision in the operative section as well. Also, it was important that the resolution, as requested by Spain and others, did contain 30 December 2005 as the deadline for the transitional political process to conclude and the end of the presence of the multinational force. The presence of the Force in Iraq should be as restricted over time as possible.
RONALDO MOTA SARDENBERG (Brazil) said the resolution marked the end of occupation and the reassertion of all prerogatives of full sovereignty by the interim government by 30 June. He had participated in the negotiations leading to the adoption of the text in a constructive spirit. Bearing in mind the importance of the Council’s decision for the evolving situation on the ground in Iraq and for the high relevance in terms of the expectations of the international community, the overriding objective had been to make the resolution a good one.
In that endeavour, he said, together with Chile and Spain, his delegation had presented several amendments to the draft, which had been mainly aimed at sharpening the text and clarifying the situation that would be created by the establishment of a new political and legal reality. Among other points, Brazil had striven to stress the transfer of full sovereign authority to the interim government, establish the United Nations as a partner with that government, and give the Organization a leading role in carrying out its tasks. It had also sought to emphasize the importance of international obligations in the areas of human rights and humanitarian law, establish Iraqi control over the country’s security forces, and differentiate the presence of the multinational force before and after the end of occupation. It had also wanted to clearly define the scope and presence and the reach of the force’s mandate in the area of security.
During the negotiations, Brazil had supported important proposals by other members and he had been pleased that many had been reflected in the text. He had also been satisfied by the flexibility shown by the original co-sponsors, particularly in those last days as consultations intensified. The end result had not been the best possible conceivable outcome, as many had said, but in practical terms, the resolution was possibly the best outcome for the negotiation process given the circumstances.
MIHNEA IOAN MOTOC (Romania) said he had supported and co-sponsored the text for three reasons. First, it was in his country’s national interest to see that its contribution to peace in Iraq was duly recognized. He pursued with particular resolve the Council working out an essential role for the United Nations in fostering the political process and mobilizing further the assistance of the international community. Romania was part of the multinational force, but also shared the task of preparing the future Iraqi security forces.
The second reason, he said, had to do with the approach followed by the Council to properly reflect the transfer of full sovereignty and chart the way ahead for the political process in Iraq. He did not know of any delegation that did not come forward with ideas and suggestions to improve the text. What he saw was effective multilateralism in action during the negotiations. Thirdly, he wanted to see that the resolution was most thoroughly “consensualized” inside and outside the Council. With the transfer of sovereignty on 30 June, an important step would be taken to move forward with the political process in Iraq.
ISMAEL ABRAÃO GASPAR MARTINS (Angola) said he was proud to have been part of the consensus. With the unanimous adoption of the text, justice had been done to the vitality of multilateralism. When things looked so dark in Iraq, the United Nations played its vital and unifying role and was now poised to come out of the crisis stronger and ready to act in providing answers when needed. The resolution had clearly provided for a partnership of the Iraqis and the international community, and represented a clear departure from past resolutions on Iraq.
He said he was grateful to the sponsors for the spirit of give and take, which had characterized the negotiations and resulted in a better and clear resolution and a stronger Security Council. The resolution provided for the restoration of full sovereignty, based on Iraq’s full independence and the right of its people to determine their own political future and control their natural resources.
The resolution had also recognized the need for the continued presence of the multinational force in partnership with the Iraqi parties and in full respect for their sovereignty, as well as for the presence of the United Nations in the political process including beyond the elections, he said. The international community’s continued support, as well as that of Iraq’s neighbours, was critical to helping the Iraqis meet the challenges ahead. The text had stressed that important point and Mr. Brahimi had reinforced and reminded the Council of the importance of that support.
JOËL W. ADECHI (Benin) said the resolution paved the way for the effective restoration of Iraqi sovereignty. He was pleased with the positive negotiations leading up to the resolution, which created the framework for the end of the occupation, the full sovereignty of Iraq, and conditions in which the multinational force would do its work in the country. Henceforth, it was up to the Iraqi Government to take on its responsibility and make sure that the machinery put in place worked properly.
He called on Iraq to do all it could to achieve the support of all Iraqis, and so that elections would have the credibility it needed. He launched an appeal to the international community to provide as much assistance as possible to enable Iraq to overcome its difficulties. Iraq’s neighbours should also make joint efforts to stabilize the situation on the ground.
LAURO L. BAJA, JR. (Philippines), Council President, speaking in his national capacity, said that yesterday, the Council had been divided on Iraq; today it was united on Iraq. That was a great day for Iraq, the United Nations, the Security Council and the international community. His delegation was pleased to have presided over action on that eloquent expression, which had validated his country’s position of unwavering support for a free, democratic and united Iraq.
Council members could congratulate themselves for the house built for Iraq and for the unanimous adoption of the resolution, which had laid the foundations for a lasting edifice, he said. The challenge now was for Iraq and the international community to translate the text into action. He was confident that in the present atmosphere in the Council and the interest and concern elicited from many States, success could be achieved. He was pleased to have been part of the negotiations on that historic text and to have supported it.
Resolution
The full text of resolution 1546 (2004) reads as follows:
“The Security Council,
“Welcoming the beginning of a new phase in Iraq’s transition to a democratically elected government, and looking forward to the end of the occupation and the assumption of full responsibility and authority by a fully sovereign and independent Interim Government of Iraq by 30 June 2004,
“Recalling all of its previous relevant resolutions on Iraq,
“Reaffirming the independence, sovereignty, unity, and territorial integrity of Iraq,
“Reaffirming also the right of the Iraqi people freely to determine their own political future and control their own natural resources,
“Recognizing the importance of international support, particularly that of countries in the region, Iraq’s neighbours, and regional organizations, for the people of Iraq in their efforts to achieve security and prosperity, and noting that the successful implementation of this resolution will contribute to regional stability,
“Welcoming the efforts of the Special Adviser to the Secretary-General to assist the people of Iraq in achieving the formation of the Interim Government of Iraq, as set out in the letter of the Secretary-General of 7 June 2004 (S/2004/461),
“Taking note of the dissolution of the Governing Council of Iraq, and welcoming the progress made in implementing the arrangements for Iraq’s political transition referred to in resolution 1511 (2003) of 16 October 2003,
“Welcoming the commitment of the Interim Government of Iraq to work towards a federal, democratic, pluralist, and unified Iraq, in which there is full respect for political and human rights,
“Stressing the need for all parties to respect and protect Iraq’s archaeological, historical, cultural, and religious heritage,
“Affirming the importance of the rule of law, national reconciliation, respect for human rights including the rights of women, fundamental freedoms, and democracy including free and fair elections,
“Recalling the establishment of the United Nations Assistance Mission for Iraq (UNAMI) on 14 August 2003, and affirming that the United Nations should play a leading role in assisting the Iraqi people and government in the formation of institutions for representative government,
“Recognizing that international support for restoration of stability and security is essential to the well-being 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 contributions in this regard under resolution 1483 (2003) of 22 May 2003 and resolution 1511 (2003),
“Recalling the report provided by the United States to the Security Council on 16 April 2004 on the efforts and progress made by the multinational force,
“Recognizing the request conveyed in the letter of 5 June 2004 from the Prime Minister of the Interim Government of Iraq to the President of the Council, which is annexed to this resolution, to retain the presence of the multinational force,
“Recognizing also 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,
“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 United Nations presence in Iraq, as described in the letter of 5 June 2004 from the United States Secretary of State to the President of the Council, which is annexed to this resolution,
“Noting the commitment of all forces promoting the maintenance of security and stability in Iraq to act in accordance with international law, including obligations under international humanitarian law, and to 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, as presented on 1 June 2004, which will assume full responsibility and authority by 30 June 2004 for governing Iraq while refraining from taking any actions affecting Iraq’s destiny beyond the limited interim period until an elected Transitional Government of Iraq assumes office as envisaged in paragraph four below;
“2. Welcomes that, also by 30 June 2004, the occupation will end and the Coalition Provisional Authority will cease to exist, and that Iraq will reassert its full sovereignty;
“3. Reaffirms the right of the Iraqi people freely to determine their own political future and to exercise full authority and control over their financial and natural resources;
“4. Endorses the proposed timetable for Iraq’s political transition to democratic government including:
(a) formation of the sovereign Interim Government of Iraq that will assume governing responsibility and authority by 30 June 2004;
(b) convening of a national conference reflecting the diversity of Iraqi society; 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 forming a Transitional Government of Iraq and drafting a permanent constitution for Iraq leading to a constitutionally elected government by 31 December 2005;
“5. Invites the Government of Iraq to consider how the convening of an international meeting could support the above process, and notes that it would welcome such a meeting to support the Iraqi political transition and Iraqi recovery, to the benefit of the Iraqi people and in the interest of stability in the region;
“6. Calls on all Iraqis to implement these arrangements peaceably and in full, and on all States and relevant organizations to support such implementation;
“7. Decides that in implementing, as circumstances permit, their mandate to assist the Iraqi people and government, the Special Representative of the Secretary-General and the United Nations Assistance Mission for Iraq (UNAMI), as requested by the Government of Iraq, shall:
(a) play a leading role to:
(i) assist in the convening, during the month of July 2004, of a national conference to select a Consultative Council;
(ii) advise and support the Independent Electoral Commission of Iraq, as well as the Interim Government of Iraq and the Transitional National Assembly, 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;
(b) and also:
(i) advise the 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 Government of Iraq on initial planning for the eventual conduct of a comprehensive census;
“8. Welcomes ongoing efforts by the incoming Interim Government of Iraq to develop Iraqi security forces including the Iraqi armed forces (hereinafter referred to as “Iraqi security forces”), operating under the authority of the Interim Government of Iraq and its successors, which will progressively play a greater role and ultimately assume full responsibility for the maintenance of security and stability in Iraq;
“9. Notes that the presence of the multinational force in Iraq is at the request of the incoming Interim Government of Iraq and therefore reaffirms the authorization for the multinational force under unified command established under resolution 1511 (2003), having regard to the letters annexed to this resolution;
“10. Decides that the multinational force shall have the authority to take all necessary measures to contribute to the maintenance of security and stability in Iraq in accordance with the letters annexed to this resolution expressing, inter alia, the Iraqi request for the continued presence of the multinational force and setting out its tasks, including by preventing and deterring terrorism, so that, inter alia, the United Nations can fulfil its role in assisting the Iraqi people as outlined in paragraph seven 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;
“11. Welcomes, in this regard, the letters annexed to this resolution stating, inter alia, that arrangements are being put in place to establish a security partnership between the sovereign Government of Iraq and the multinational force and to ensure coordination between the two, and notes also in this regard that Iraqi security forces are responsible to appropriate Iraqi ministers, that the Government of Iraq has authority to commit Iraqi security forces to the multinational force to engage in operations with it, and that the security structures described in the letters will serve as the fora for the Government of Iraq and the multinational force to reach agreement on the full range of fundamental security and policy issues, including policy on sensitive offensive operations, and will ensure full partnership between Iraqi security forces and the multinational force, through close coordination and consultation;
“12. Decides further that the mandate for the multinational force shall be reviewed at the request of the Government of Iraq or twelve months from the date of this resolution, and that this mandate shall expire upon the completion of the political process set out in paragraph four above, and declares that it will terminate this mandate earlier if requested by the Government of Iraq;
“13. Notes the intention, set out in the annexed letter from the United States Secretary of State, to create a distinct entity under unified command of the multinational force with a dedicated mission to provide security for the United Nations presence in Iraq, recognizes that the implementation of measures to provide security for staff members of the United Nations system working in Iraq would require significant resources, and calls upon Member States and relevant organizations to provide such resources, including contributions to that entity;
“14. 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;
“15. Requests Member States and international and regional organizations to contribute assistance to the multinational force, including military forces, as agreed with the Government of Iraq, to help meet the needs of the Iraqi people for security and stability, humanitarian and reconstruction assistance, and to support the efforts of UNAMI;
“16. Emphasizes the importance of developing effective Iraqi police, border enforcement, and the Facilities Protection Service, under the control of the Interior Ministry of Iraq, and, in the case of the Facilities Protection Service, other Iraqi ministries, for the maintenance of law, order, and security, including combating terrorism, and requests Member States and international organizations to assist the Government of Iraq in building the capability of these Iraqi institutions;
“17. Condemns all acts of terrorism in Iraq, reaffirms the obligations of Member States under resolutions 1373 (2001) of 28 September 2001, 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1390 (2002) of 16 January 2002, 1455 (2003) of 17 January 2003, and 1526 (2004) of 30 January 2004, and other relevant international obligations with respect, inter alia, to terrorist activities in and from Iraq or against its citizens, and specifically reiterates its call upon Member States to prevent the transit of terrorists to and from Iraq, arms for terrorists, and financing that would support terrorists, and re-emphasizes the importance of strengthening the cooperation of the countries of the region, particularly neighbours of Iraq, in this regard;
“18. Recognizes that the Interim Government of Iraq will assume the primary role in coordinating international assistance to Iraq;
“19. Welcomes efforts by Member States and international organizations to respond in support of requests by the Interim Government of Iraq to provide technical and expert assistance while Iraq is rebuilding administrative capacity;
“20. 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 programme of donor assistance;
“21. 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 Government of Iraq or the multinational force to serve the purposes of this resolution, stresses the importance for all States to abide strictly by them, and notes the significance of Iraq’s neighbours in this regard, and calls upon the Government of Iraq and the multinational force each to ensure that appropriate implementation procedures are in place;
“22. Notes that nothing in the preceding paragraph affects the prohibitions on or obligations of States related to items specified in paragraphs 8 and 12 of resolution 687 (1991) of 3 April 1991 or activities described in paragraph 3 (f) of resolution 707 (1991) of 15 August 1991, and reaffirms its intention to revisit the mandates of the United Nations Monitoring, Verification, and Inspection Commission and the International Atomic Energy Agency;
“23. Calls on Member States and international organizations to respond to Iraqi requests to assist Iraqi efforts to integrate Iraqi veterans and former militia members into Iraqi society;
“24. Notes that, upon dissolution of the Coalition Provisional Authority, the funds in the Development Fund for Iraq shall be disbursed solely at the direction of the Government of Iraq, and decides that the Development Fund for Iraq shall be utilized in a transparent and equitable 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 established in paragraph 20 of resolution 1483 (2003) shall continue to apply, that the International Advisory and Monitoring Board shall continue its activities in monitoring the Development Fund for Iraq and shall include as an additional full voting member a duly qualified individual designated by the 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);
“25. Decides further that the provisions in the above paragraph for the deposit of proceeds into the Development Fund for Iraq and for the role of the IAMB shall be reviewed at the request of the Transitional Government of Iraq or twelve months from the date of this resolution, and shall expire upon the completion of the political process set out in paragraph four above;
“26. 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 Programme that were transferred to the Authority, 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 from the date of adoption of this resolution, the Interim Government of Iraq and its successors shall assume responsibility for certifying delivery of goods under previously prioritized contracts, and that such certification shall be deemed to constitute the independent authentication required for the release of funds associated with such contracts, consulting as appropriate to ensure the smooth implementation of these arrangements;
“27. 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 final judgement arising out of a contractual obligation entered into by Iraq after 30 June 2004;
“28. Welcomes the commitments of many creditors, including those of the Paris Club, to identify ways to reduce substantially Iraq’s sovereign debt, calls on Member States, as well as internationa1 and regional organizations, to support the Iraq reconstruction effort, urges the international financial institutions and bilateral donors to take the immediate steps necessary to provide their full range of loans and other financial assistance and arrangements to Iraq, recognizes that the Interim Government of Iraq will have the authority to conclude and implement such agreements and other arrangements 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 and its successors;
“29. 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 paragraphs 19 and 23 of resolution 1483 (2003) and with resolution 1518 (2003) of 24 November 2003;
“30. Requests the Secretary-General to report to the Council within three months from the date of this resolution on UNAMI operations in Iraq, and on a quarterly basis thereafter on the progress made towards national elections and fulfilment of all UNAMI’s responsibilities;
“31. Requests that the United States, on behalf of the multinational force, report to the Council within three months from the date of this resolution on the efforts and progress of this force, and on a quarterly basis thereafter;
“32. Decides to remain actively seized of the matter.”
ANNEX
Text of letters from the Prime Minister of the Interim Government of Iraq Dr. Ayad Allawi and United States Secretary of State Colin L. Powell to the President of the Council
5 June 2004
Republic of Iraq
Prime Minister Office
Excellency:
On my appointment as Prime Minister of the Interim Government of Iraq, I am writing to express the commitment of the people of Iraq to complete the political transition process to establish a free, and democratic Iraq and to be a partner in preventing and combating terrorism. As we enter a critical new stage, regain full sovereignty and move towards elections, we will need the assistance of the international community.
The Interim Government of Iraq will make every effort to ensure that these elections are fully democratic, free and fair. Security and stability continue to be essential to our political transition. There continue, however, to be forces in Iraq, including foreign elements, that are opposed to our transition to peace, democracy, and security. The Government is determined to overcome these forces, and to develop security forces capable of providing adequate security for the Iraqi people. Until we are able to provide security for ourselves, including the defence of Iraq’s land, sea and air space, we ask for the support of the Security Council and the international community in this endeavour. We seek a new resolution on the Multinational Force (MNF) mandate to contribute to maintaining security in Iraq, including through the tasks and arrangements set out in the letter from Secretary of State Colin Powell to the President of the United Nations Security Council. The Government requests that the Security Council review the mandate of the MNF at the request of the Transitional Government of Iraq, or twelve months from the date on which such a resolution is adopted.
In order to discharge the Iraqi Government’s responsibility for security, I intend to establish appropriate security structures that will allow my Government and Iraqi security forces to progressively take on that responsibility. One such structure is the Ministerial Committee for National Security, consisting of myself as the Chair, the Deputy Prime Minister, and the Minister of Defense, Interior, Foreign Affairs, Justice, and Finance. The National Security Advisor, and Director of the Iraqi National Intelligence Service will serve as permanent advisory members of the committee. This forum will set the board framework for Iraqi security policy. I intend to invite, as appropriate, the MNF commander, his Deputy, or the MNF
His Excellency
Mr. Lauro L. Baja, Jr.
President of the Security Council
United Nations
New York, New York
Commander’s designative representative, and other appropriate individuals, to attend and participate as well, and will stand ready to discuss mechanisms of coordination and cooperation with the MNF. Iraqi armed forces will be responsible to the Chief of Staff and Minister of Defense. Other security forces (the Iraqi police, border guards and Facilities Protection Service) will be responsible to the Minister of the Interior or other government ministers.
In addition, the relevant ministers and I will develop further mechanisms for coordination with the MNF. Intend to create with the MNF coordination bodies at national, regional, and local levels, that will include Iraqi security forces commanders and civilian leadership, to ensure that Iraqi security forces will coordinate with the MNF on all security policy and operations issues in order to achieve unity of command of military operations in which Iraqi forces are engaged with MNF. In addition, the MNF and Iraqi government leaders will keep each other informed of their activities, consult regularly to ensure effective allocation and use of personnel, resources and facilities, will share intelligence, and will refer issues up the respective chains of command where necessary, Iraqi security forces will take on progressively greater responsibility as Iraqi capabilities improve.
The structures I have described in this letter will serve as the fora for the MNF and the Iraqi government to reach agreement on the full range of fundamental security and policy issues, including policy on sensitive offensive operations, and will ensure full partnership between Iraqi forces and the MNF, through close coordination and consultation. Since these are sensitive issues for a number of sovereign governments, including Iraq and the United States, they need to be resolved in the framework of a mutual understanding on our strategic partnership. We will be working closely with the MNF leadership in the coming weeks to ensure that we have such an agreed strategic framework.
We are ready to take sovereign responsibility for governing Iraq by June 30. We are well aware of the difficulties facing us, and of our responsibilities to the Iraqi people. The stakes are great, and we need the support of the international community to succeed. We ask the Security Council to help us by acting now to adopt a Security Council resolution giving us necessary support.
I understand that the Co-sponsors intend to annex this letter to the resolution on Iraq under consideration. In the meantime, I request that you provide copies of this letter to members of the Council as quickly as possible.
(Signed) Dr. Ayad Allawi
The Secretary of State
Washington
5 June 2004
Excellency:
Recognizing the request of the government of Iraq for the continued presence of the Multi-National Force (MNF) in Iraq, and following consultations with Prime Minister Ayad Allawi of the Iraqi Interim Government, I am writing to confirm that the MNF under unified command is prepared to continue to contribute to the maintenance of security in Iraq, including by preventing and deterring terrorism and protecting the territory of Iraq. The goal of the MNF will be to help the Iraqi people to complete the political transition and will permit the United Nations and the international community to work to facilitate Iraq’s reconstruction.
The ability of the Iraqi people to achieve their goals will be heavily influenced by the security situation in Iraq. As recent events have demonstrated, continuing attacks by insurgents, including former regime elements, foreign fighters, and illegal militias challenge all those who are working for a better Iraq.
Development of an effective and cooperative security partnership between the MNF and the sovereign Government of Iraq is critical to the stability of Iraq. The commander of the MNF will work in partnership with the sovereign Government of Iraq in helping to provide security while recognizing and respecting its sovereignty. To that end, the MNF stands ready to participate in discussions of the Ministerial Committee for National Security on the broad framework of security policy, as referred to in the letter from Prime Minister of the Interim Government of Iraq Allawi dated June 5, 2004. On the implementation of this policy, recognizing that Iraqi security forces are responsible to the appropriate Iraqi ministers, the MNF will coordinate with Iraqi security forces at all levels — national, regional, and local — in order to achieve unity of command of military operations in which Iraqi forces are engaged with the MNF. In addition, the MNF and the Iraqi government leaders will keep each other informed of their activities, consult regularly to ensure effective allocation and use of personnel, resources, and facilities, will share intelligence, and will refer issues up the respective chains of command where necessary. We will work in the fora described by Prime Minister Allawi in his June 5 letter to reach agreement on the full range of fundamental security and policy issues, including policy on sensitive offensive operations, and will ensure full partnership between MNF and Iraqi forces, through close coordination and consultation.
His Excellency
Mr. Lauro L. Baja, Jr.
President of the Security Council
United Nations
New York, New York
Under the agreed arrangement, the MNF stands ready to continue to undertake a broad range of tasks to contribute to the maintenance of security and to ensure force protection. These include activities necessary to counter ongoing security threats posed by forces seeking to influence Iraq’s political future through violence. This will include combat operations against members of these groups, internment where this is necessary for imperative reasons of security, and the continued search for and securing of weapons that threaten Iraq’s security. A further objective will be to train and equip Iraqi security forces that will increasingly take responsibility for maintaining Iraq’s security. The MNF also stands ready as needed to participate in the provision of humanitarian assistance, civil affairs support, and relief and reconstruction assistance requested by the Iraqi Interim Government and in line with previous Security Council Resolutions.
In addition, the MNF is prepared to establish or support a force within the MNF to provide for the security of personnel and facilities of the United Nations. We have consulted closely with UN officials regarding the United Nations’ security requirements and believe that a brigade-size force will be needed to support the United Nations’ security effort. This force will be under the command and control of the MNF commander, and its missions will include static and perimeter security at UN facilities, and convoy escort duties for the UN mission’s travel requirements.
In order to continue to contribute to security, the MNF must continue to function under a framework that affords the force and its personnel the status that they need to accomplish their mission, and in which the contributing states have responsibility for exercising jurisdiction over their personnel and which will ensure arrangements for, and use of assets by, the MNF. The existing framework governing these matters is sufficient for these purposes. In addition, the forces that make up the MNF are and will remain committed at all times to act consistently with their obligations under the law of armed conflict, including the Geneva Conventions.
The MNF is prepared to continue to pursue its current efforts to assist in providing a secure environment in which the broader international community is able to fulfill its important role in facilitating Iraq’s reconstruction. In meeting these responsibilities in the period ahead, we will act in full recognition of and respect for Iraqi sovereignty. We look to other member states and international and regional organizations to assist the people of Iraq and the sovereign Iraqi government in overcoming the challenges that lie ahead to build a democratic, secure and prosperous country.
The co-sponsors intend to annex this letter to the resolution on Iraq under consideration. In the meantime, I request that you provide copies of this letter to members of the Council as quickly as possible.
Sincerely,
(Signed) Colin L. Powell
