S/PV.5266 Security Council

I should like to inform the Council that I have received a letter from the representative of Iraq in which he requests to be invited to participate in the consideration of the item on the Council’s agenda. In conformity with the usual practice, I propose, with the consent of the Council, to invite that representative to participate in the consideration without the right to vote, in accordance with the relevant provisions of the Charter and rule 37 of the Council’s provisional rules of procedure. There being no objection, it is so decided. On behalf of the Council, I extend a warm welcome to Mr. Hoshyar Zebari, Minister for Foreign Affairs of Iraq. At the invitation of the President, Mr. Zebari (Iraq) took a seat at the Council table.

In accordance with the understanding reached in the Council’s prior consultations, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to Mr. Ashraf Jehangir Qazi, Special Representative of the Secretary-General for Iraq. It is so decided. I invite Mr. Qazi to take a seat at the Council table. The Security Council will now begin its consideration of the item on its agenda. The Security Council is meeting in accordance with the understanding reached in its prior consultations. Members of the Council have before them document S/2005/585, containing the report of the Secretary-General pursuant to paragraph 30 of resolution 1546 (2004). At this meeting, the Security Council will hear briefings by Mr. Ashraf Jehangir Qazi, Special Representative of the Secretary-General for Iraq, and by Mrs. Anne W. Patterson, representative of the United States, on behalf of the multinational force. I give the floor to Mr. Ashraf Jehangir Qazi, Special Representative of the Secretary-General for Iraq. Mr. Qazi: The report before the Council details the work of the United Nations Assistance Mission in Iraq (UNAMI) from June to August 2005. I would like to take this opportunity to draw the Council’s attention to its key observations and to comment on the efficacy of the role of the United Nations in Iraq. Our meeting is taking place shortly after the designation by the Transitional National Assembly of Iraq of a draft national constitution, which marks an important benchmark in Iraq’s political transition, as outlined in Security Council resolution 1546 (2004). Iraq can now move forward to the remaining steps in its transition: a national referendum on the draft constitution scheduled for 15 October and general elections scheduled for 15 December. In writing a constitution, underlying political issues are often the hardest to tackle, especially in countries undergoing a transition from dictatorship to representative government. In such situations, it is almost a prerequisite that the constitution-drafting process contribute to the development or restoration of political trust among the main political constituencies, without which the necessary compromises on sensitive issues will be difficult to achieve. In the case of Iraq, the Transitional National Assembly has also been given the task of drafting a constitution in a security environment that remains extremely challenging and which can easily contribute to a hardening of attitudes on all sides. In these circumstances, the restoration of mutual political trust among parties and communities through an inclusive, transparent and participatory political process has been, and remains, a challenge. Given all this, it is remarkable that the initial number of sensitive issues on which differences were known to exist was significantly reduced within a very demanding time frame, rendered even more tight due to the delay in the formation of a Transitional Government. Even so, we cannot but acknowledge that the major shortcoming of the 30 January elections — that is, the relative non-participation of one major segment of Iraqi society — inevitably affected the subsequent drafting of the constitution, despite measures taken to include representatives of Arab Sunni groups in the process. The lack of sufficient mutual accommodation within the National Assembly’s Constitutional Committee eventually led to outstanding political issues being referred to meetings of senior political leaders. This process developed a political dynamic of its own that carried discussions on the draft text of the constitution beyond the prescribed deadline of 15 August. As a result, the process had to depart from formal procedures in order to allow negotiations among all parties to continue as constructively as possible. In effect, several deadlines for the designation of a text by the National Assembly were set aside, and the text which was designated on 28 August continued to be discussed and changed. Changes to the text were finally read out to the National Assembly on 18 September. The issues of federalism, modalities for the formation of regions in addition to the existing Kurdistan region, the identity of the State, the role of Islam as a source of law, and the distribution of powers with respect to natural resources, including oil and water, were among the major points of contention. Several commentators noted the deferral of a large number of important institutional arrangements to the next elected national assembly for legislative action. Given the short time frame available, there was probably no alternative to this. Building upon the efforts made during the drafting process, it is now hoped that all parties will be able to work constructively with one another in implementing an approved constitution in the common interest of the Iraqi people. A copy of the constitutional text that is to be put to the people of Iraq in the referendum on 15 October was formally communicated to me by the Acting Speaker of the National Assembly, with the request that UNAMI facilitate the publication and distribution of 5 million copies to Iraqi households throughout the country. This process, which will enable the Iraqi people to make an informed choice on whether to accept or reject the draft constitutional text, is now under way. In that regard, UNAMI is also providing technical support to a broad public education campaign on the draft constitution. The referendum is only one of two major electoral events that are being prepared simultaneously by the Independent Electoral Commission of Iraq within a very tight time frame. Preparations are also under way for the general election that is to follow. Here, too, the process has been affected by prolonged negotiations in the National Assembly over the choice of electoral system, which delayed the adoption of a new electoral law until 12 September. As a result, the timelines for implementing all the preparatory steps for the referendum and elections have been severely compressed. In addition, there is an urgent need for international funding for the electoral process. The United Nations does not and should not take positions on questions such as the merits of the draft Constitution, which lie exclusively within the sovereign political domain of the Iraqi people. It is important that all recognize that the facilitation work of the United Nations, including the publication of the draft constitutional text, does not constitute advocacy. Although the timetable for a nationwide public discussion and debate on the completed draft text has been much shorter than initially hoped, a healthy turnout for the referendum would, nevertheless, be a very positive development. Accordingly, I hope that the Security Council will support the Secretary-General’s call to the people of Iraq to exercise their democratic rights, as well as his call to the Iraqi authorities and all Iraqi political groups, to ensure the Iraqi people’s participation, free from intimidation or threats to their security. Outside the formal political process, the reality of life for the vast majority of Iraqis remains difficult. Of paramount concern is the high toll of innocent civilian casualties caused by the ongoing violence, including terrorist and insurgent activity. The Secretary-General has unequivocally condemned terrorist violence against innocent civilians, which no cause can ever justify, and has repeatedly called on all parties to observe their international humanitarian obligations in this regard. Also of great concern is the deteriorating human rights situation, to which the report again calls your attention. From our experience around the world, we have learned that addressing both past and present abuses, based on the rule of law and international norms, can go a long way in promoting national reconciliation efforts. We have, therefore, encouraged the Iraqi Government to step up its efforts to promote and protect human rights, as well as to ensure that it is perceived as being equitable and fair in all its actions towards all communities in Iraq. At this sensitive political juncture, this is particularly relevant to the Iraqi security forces that are often required to operate in challenging and provocative circumstances. The forthcoming referendum and election will provide an opportunity for them to demonstrate their neutrality, impartiality and effectiveness in respecting human and political rights for all Iraqi citizens. Similarly, the need for greater security is not limited to the security of life, but encompasses the general welfare of Iraqis and their prospects for a better life in terms of basic living conditions, employment and public services. Restoring the confidence and dignity of the Iraqi people requires urgent tangible improvements in these areas. In this regard, the outcome of the last International Reconstruction Fund Facility for Iraq (IRFFI) Donor Meeting in July made it possible for UNAMI to focus its efforts on selecting quick-impact projects. They are aimed at improving the quality of life of Iraqis in the areas of health, education, water and sanitation and have been formulated and implemented by United Nations agencies on a fast- track basis. UNAMI also facilitated the prompt provision of emergency assistance to the survivors and families of those who lost their lives in the tragic Aemma Bridge stampede in Baghdad on 31 August. Strengthening the Government’s capacity to coordinate international assistance and to deliver effectively on the needs and expectations of its people will remain a priority for UNAMI. However, meeting Iraq’s immediate reconstruction and humanitarian needs, and investing in its long-term development, will require continued and generous support from the international community. While the referendum and the elections are necessary instruments in Iraq’s transition to democracy, they are only staging posts along an evolving transition. Irrespective of their outcome, there are a number of overarching challenges on which we will need to continue to focus if we are to see the dividends of our efforts over the past two years. These include, first, promoting national reconciliation through inclusive, participatory, transparent and responsive politics that impact positively on security; secondly, respecting Iraqi ownership of the political process and strengthening the security of the State; thirdly, developing good governance practices and institutional capacity-building; and fourthly, encouraging international and regional engagement and consensus in support of Iraq’s transition. The Security Council has a particularly important role to play in each of these areas. As the current process outlined in resolution 1546 (2004) is nearing its scheduled completion, consideration will need to be given to how best the international community, including the United Nations, can continue to support the Government and people of Iraq. With a tenfold increase of our presence in Iraq since operations resumed last year and the planned expansion of activities beyond Baghdad to Erbil and Basrah, UNAMI is a committed partner of Iraq and is ready to continue to provide its assistance, as circumstances permit and as requested by the Iraqis. We have come a long way in Iraq, and UNAMI could not have achieved what it has without the support it has received from a large number of countries. I should like, therefore, to conclude by thanking the Government of Fiji for providing three United Nations Guard Units to protect UNAMI facilities; the Governments of Romania, Georgia and the Republic of Korea, which have provided dedicated forces to support our security; and the Governments of Jordan and Kuwait for hosting UNAMI facilities on their territory and their consistent support for essential UNAMI operations. I am also grateful for the efforts of the Multinational Force and the Iraqi security forces in supporting our activities on a daily basis. And, needless to say, thanks to the Government of Iraq. Finally, I wish to pay tribute to all UNAMI staff for their hard work and dedication in implementing our mandate, often in exceptionally challenging circumstances.

I thank the Special Representative of the Secretary-General, Ambassador Qazi, for his comprehensive briefing. I now give the floor to Her Excellency Mrs. Anne W. Patterson, representative of the United States.

As mandated by United Nations Security Council resolution 1546 (2004), I am pleased to report to the Security Council, on behalf of the 30 countries making up the Multinational Force, on the efforts and progress of the Force in fulfilling its mandate. There have been important developments since our last report. Most notably, the Iraqi people met another critical milestone by submitting a draft Constitution for referendum. We congratulate the Iraqis on their steady and courageous progress in their political transition. We urge all Iraqis to eschew violence and participate in the referendum and elections as they set the course for Iraq’s future. The insurgents remain capable, adaptable and intent on carrying out attacks against Iraqi civilians, officials and security forces, with the goal of destabilizing and de-legitimizing the Iraqi Government in order to pursue their own goals. We witnessed — and the Council condemned — the atrocious murders of members of the Transitional National Assembly, a member of the constitutional Drafting Committee, a Committee adviser, officials, electoral workers and countless other Iraqis, as well as appalling attacks on senior Algerian, Egyptian and Pakistani diplomats, and Iraqi and multinational forces. The total number of terror incidents has been relatively steady in the post-election period, with attacks concentrated in four of Iraq’s 18 provinces. The frequency of attacks on Iraq’s infrastructure, such as electricity generation and oil facilities, has decreased since the election, but they continue to have an adverse impact on the availability of electricity and on oil revenues. As previously reported, the goal of the Multinational Force is to assist Iraqis in providing for their own security. The capacity of Iraqi Security Forces is increasing, reducing the influence and effectiveness of insurgents, and strengthening Iraqi rule-of-law capabilities. The Force and the coalition, in close coordination with the Iraqi Government, are helping to strengthen Iraqi law enforcement, justice, and corrections systems as well. In addition, the Multinational Force works with the Iraqi Government and security forces, international donors, and national and international non- governmental organizations to complete critical infrastructure projects, ranging from water purification facilities and electrical power stations to educational infrastructure, medical facilities and administrative buildings. During July and August alone, the Multinational Force in the central-south sector completed approximately 100 reconstruction projects. Turning to progress in training the Iraqi security forces, the Iraqi Government, working with the Multinational Force, has identified a force structure to meet Iraq’s needs for internal and external security. The majority of those personnel have completed individual entry training and have been equipped. As of 19 September, there were a total of 193,000 trained and equipped Iraqi security forces. That included 104,000 police, highway patrol and other forces under the Ministry of the Interior, as well as 89,000 in the army, air force and navy. Even as the Multinational Force helps build and train the Iraqi security forces, Iraqi forces are employed in active combat operations. A key indicator of progress is the Iraqi security forces’ role in the recent counter-insurgency campaign in Tal Afar. Eleven Iraqi combat units were employed as independent manoeuvre elements during that operation. Iraqi security forces, in partnership with the Multinational Force, increasingly conduct the full spectrum of counter-insurgency operations to isolate and neutralize former regime extremists and foreign terrorists. Special border forces consisting of more than 17,000 trained and equipped personnel are arrayed in 36 battalions that man 258 border forts around Iraq. To stem the flow of foreign fighters, priority has been placed on securing the Iraqi-Syrian border. To further advance Iraqi capacity for independent operations, the Multinational Force, in partnership with the Iraqi Ministry of Defence, has implemented a programme to embed military transition teams at the battalion, brigade and division levels. Those teams provide transition readiness assessments, identifying areas of progress and shortcomings, ultimately preparing individual units to assume independent control of their area of responsibility. While the Multinational Force’s work is far from complete, it has already been able to transfer some security responsibilities. The following are some examples. On 1 June, the Multinational Force officially transferred full responsibility for security at a base in Dibbis to the Iraqi army. On 21 August, the Multinational Force turned over Camp Zulu in as-Suwayrah, Iraq, in the central-south sector, to the Iraqi army. On 31 August, the Iraqi Base Support Unit assumed control of all perimeter force protection in a sector in Kirkuk. On 6 September, the Multinational Force handed over security responsibility in Najaf. Iraqi army units continue to assume security responsibility in the western region. They are currently conducting independent security and offensive operations in Rawah and combined zone reconnaissance near the Syrian border. The Multinational Force and the Iraqi Government are developing a conditions-based security plan to define the environment necessary for further and greater transfers of responsibility from the Multinational Force to the Iraqi security forces. Per resolution 1546 (2004), the Multinational Force, notably the Georgians and the Romanians, continue to take all necessary measures to contribute to the maintenance of security and stability in Iraq so that, inter alia, the United Nations can fulfil its role in assisting the Iraqi people. The United Nations has made important contributions in Iraq, especially in the constitutional process. The United Nations continues to have leading roles, including supporting the Iraqis in the October referendum and the December election and helping to coordinate reconstruction and donor assistance. We urge the United Nations to assume its role fully and to deploy the necessary experts rapidly. We remind Member States that as the United Nations expands its activities in Iraq, its security needs increase. We attach priority to our efforts to ensure full security coverage for the United Nations and welcome the contributions of South Korea and Mongolia in Irbil. We encourage countries to consider providing monetary and/or troop assistance for this effort. Success will be achieved when Iraqis themselves can guarantee their own liberty, security and prosperity. Training Iraqi security forces to take over primary responsibility for security is critical. Continued progress in national reconciliation will also assist Iraqi security forces development and hasten the process of bringing security and stability. The international community, particularly Iraq’s neighbours, and especially Syria, must do more to stop foreign terrorists entering Iraq and retarding efforts to stabilize and secure the country. Finally, the Multinational Force and the combined efforts of the Multinational Force and Iraqi security forces continue to provide a shield for democracy to take shape, evolve and take hold in Iraq. The Multinational Force remains committed to staying the course and to ensuring success. We in this Chamber also owe it to the Iraqi people to do our part to help ensure success.

I thank Mrs. Patterson for her comprehensive briefing. I now give the floor to His Excellency Mr. Hoshyar Zebari, Minister for Foreign Affairs of Iraq.

In accordance with the political process endorsed by resolution 1546 (2004), Iraq’s general elections were successfully held on 30 January, initiating a peaceful transfer of power to the National Assembly, which convened on 16 March, and a Transitional Government, which was formed on 3 May. The national unity Government constitutes the most broadly representative Government in Iraq’s history in terms of ethnicity, faith and political affiliation. Thirty-one per cent of Assembly members are women. The priority of this phase of our political transition has been to draft a new permanent Constitution for Iraq. That historic document will provide the foundation on which to rebuild our country as a peaceful, stable, united and federal Iraq, and the only way to realize that vision is with the input and the consensus of the entire constituency. The Constitution Drafting Committee was therefore expanded to better represent Iraqi society by including communities that did not take part or that did not fare well in the January elections. Every Iraqi must have a sense of ownership of our country’s future, and we have a responsibility to future generations of Iraqis to craft a democratic Constitution based on public consent. There was a short delay in presenting the draft charter to the National Assembly while all parties tried to reach broader agreement on some of the key issues. But this is the first time in 80 years that a constitution has been so openly and publicly debated. It is important that we stick to the timetable set out in resolution 1546 (2004), but in this case too much was at stake to rush through an unfinished or unworkable charter. The Charter enshrines human rights, minority rights and equal rights before the law regardless of ethnicity, religion or beliefs. It protects freedom of speech and conscience, the sovereignty of law, the peaceful transfer of power and full political rights in a parliamentary, federal and democratic Iraq. It upholds our historical tradition of the peaceful coexistence of diverse faiths and guarantees religious freedoms. Power is separated between the legislature, the executive and an independent judiciary, within a federation devolving power and resources to the regional and local levels. What we have produced does not satisfy all the demands of any group, but it is the best deal that could be delivered based on negotiation and consensus. We demonstrated a commitment to compromise instead of exerting individual maximalist demands. That sends an important message: there will be no will of the majority without the consent of the minority. The draft Constitution is the most progressive in the region. It provides a framework for democracy to thrive, and we are very proud of what we have produced, particularly in such a difficult security environment. The next step is to ratify the draft Constitution in a national referendum on 15 October, when the people of Iraq will have the final say. In order to build national consensus, the draft remains open for debate. A vigorous public awareness campaign is under way, and the United Nations is printing 5 million copies to be distributed to Iraqi households. If ratified, the referendum will be followed by nationwide general elections in December for a constitutionally elected Government. The National Assembly has adopted a new electoral law based on a system according to which Iraq’s 18 governorates will each elect its own representatives, thus creating a broader coalition and representative Government. Forty-eight Assembly seats are allocated as compensatory seats for minority groups that are unable to meet the electoral quota. Encouragingly, voter registration has surged in all areas of the country, the latest figures and assessment indicating about 14 million people so far. If constituents are registering to vote in peaceful political opposition, then that is democracy at work. We are committed to meeting the remaining deadlines mandated in the Transitional Administrative Law and endorsed by resolution 1546 (2004), but we need greater international assistance in order to do so. Iraq welcomes and appreciates the United Nations role in Iraq, especially the work of the Secretary-General’s Special Representative, Ambassador Ashraf Qazi, who played an important part in consensus-building in the constitutional process. The United Nations Assistance Mission for Iraq (UNAMI) contributed important advice to the Constitutional Committee and to the Electoral Commission, and we welcome their efforts to increase their presence on the ground by setting up offices in Erbil and Basra. Iraq will be heading into a critical phase in the next three months, and we call upon UNAMI to fulfil its mandate fully, according to resolution 1546 (2004), broadening its physical outreach and providing more personnel support. While the political transition is an Iraqi-led process, we ask the United Nations to play a more vocal and more visible role in Iraq. No international organization does a better job of organizing credible, honest elections in emerging democracies than the United Nations. We again urge Member States to adhere to their obligations under resolution 1546 (2004) to provide protection and funding for United Nations facilities in Iraq so that UNAMI can contribute more effectively to democracy-building in our country. Democracy cannot flourish without social development and reconstruction. We note the United Nations efforts regarding reconstruction, development and humanitarian assistance, as outlined in the Secretary-General’s report. We also welcome the United Nations coordination activities with donor countries, through the International Reconstruction Fund Facility for Iraq, in partnership with Iraq’s national development strategy. Now is the time to accelerate the mechanisms to implement the international commitments made in Madrid and reinforced in Brussels and Amman. The level of disbursement from the International Reconstruction Fund Facility for Iraq has improved, compared with 2004, but we are looking with concern at the spending level managed by the World Bank. We also support the Secretary-General’s call to donor countries to provide the $107 million required for Iraq’s elections, in addition to the amount set aside by the Iraqi Government. We urgently need to improve basic services and the everyday standard of living. We need to accelerate capacity-building in the ministries, based on the principles of good governance and public accountability. We require a more concerted international effort, led by the United Nations, to speed up the distribution of donor funds and reduce system bottlenecks. We are rebuilding our nation on the principles of human rights and equality, rather than on the mass graves and genocides of the past. But to succeed we must be self-appraising in our progress and, after two and a half years of freedom from dictatorship, we must also recognize that human rights development — the heart of a free and democratic nation — takes time. It requires constant education and the establishment of practices and institutions to uphold and protect individual, minority and public rights. We acknowledge that there are some difficulties in the process of human rights development in Iraq. We are taking proactive measures to investigate any reported human rights violations through independent inquiries and parliamentary committees. We remind the Security Council that the ability of the United Nations and human rights non-governmental organizations to be able to work in our country and compile human rights reports is in itself a positive achievement. We welcome all international human rights organizations, and encourage them to have a presence in our country. We salute the European Union’s JUST LEX initiative aimed at bringing our security and police forces and penal and legal officers up to international human rights standards of practice. But as we enshrine our human rights in a new Constitution, we know that our future cannot be determined in ink. What happens on the ground will determine how far we can translate our vision into a more promising reality. The gravest human rights violations in Iraq today are the senseless atrocities inflicted upon us by terrorists. We are bearing the brunt of thousands of our people being slaughtered by foreign extremists or thugs of the former regime, bitter for having lost their iron grip on Iraq’s riches. They have only a nihilistic message, but no agenda, for Iraq or for the region, except to prevent, through a deadly cycle of violence and terror, democratic ideals from taking root. Our efforts to rebuild and stabilize Iraq are being challenged at every step, and we expect terrorists to step up their attempts to create civil tension and prevent national unity ahead of the constitutional referendum. The battle being fought in Iraq is not ours alone, but a fight to protect the freedoms of the rest of the civilized world. Many Security Council members present today have been affected by terrorism. There is a moral obligation to relieve the Iraqi people of their burden, and we appreciate the sacrifices and the work of those multinational forces that support us in Iraq. Despite the bravery of our own fledgling forces, we cannot do it alone. The more we build our security and military capabilities, the sooner the multinational troops can go home. Increasingly, Iraqi forces are successfully taking over areas of responsibility from the multinational forces, as we saw recently in Tal Afar, Najaf and other bases in the country. But this is a multifaceted effort. We need more training, better intelligence, better forces and better coordination. There is an ongoing need for continued support from the multinational forces to complete the job and to help us to build a professional, non-politicized force answerable to a democratically elected Government. We again ask our neighbours to root out elements of terror and join us in regional strategic cooperation. Neighbouring countries have responsibilities towards Iraq that they have agreed to through bilateral or ministerial meetings, and which fall under resolution 1546 (2004) and the more recent resolution 1618 (2005). But there are differences in the way in which neighbouring countries respond. We feel strongly that, unfortunately, there is a lack of political will in Syria with regard to its commitments to Iraq. Regrettably, the bulk of foreign fighters are coming across the Iraqi- Syrian border, and the Syrian Government has yet to demonstrate serious cooperation in helping us to stop that transit. We repeat our call upon our neighbours to tighten border controls, act forcefully against hateful propaganda and demonstrate clear action to stem the tide of terror. The alternative to peace is bloodshed and endless violence by an emboldened enemy with an established base from which to export its murderous campaign. The terrorists know that, and so do we. Global terror has never been more of a threat. Iraq stands alongside New York, attacked on 11 September 2001, Madrid, Beslan, London and Sharm el-Sheikh as a wake-up call. We must show no sign of weakness. We are determined to rebuild our country. We are ready to fight anyone who seeks to return us to tyranny through the barrel of a gun or a suicide mission. I wish to reiterate to the Security Council that as long as conditions require it, we need the help of the Multinational Force. To rebuild, we also need the arrangements for the Development Fund for Iraq to continue. To lead the international effort, we need UNAMI to increasingly fulfil the role outlined in Security Council resolution 1546 (2004). Finally, Iraq is proud to stand with the other nations of the world as a country that upholds the core values of the United Nations Charter. But Iraq also provides the test case for success or failure. Nowhere are the goals of freedom, democracy and progress more at stake. We know our clear way forward, but we need your help. We need the help of every Member nation and of the Organization to win this fight. We must stick together, or we will lose together. Now is the time when determination and perseverance are most needed. The more intense the engagement now, the sooner we will be able to stand on our own feet and defend a democratic, united, prosperous and free Iraq. There is surely no worthier goal.

I thank Mr. Zebari for his statement. In accordance with the understanding reached in the Council’s prior consultations, the next meeting of the Security Council, which will continue the consideration of the item on its agenda, will be held in private immediately following the adjournment of the present meeting. The meeting rose at 3.55 p.m.