Doc. 9943

30 September 2003

The role of the United Nations in Iraq

Report

Political Affairs Committee

Rapporteur: Mrs Tana de Zulueta, Italy, Socialist Group

Summary

The Parliamentary Assembly expresses its concern over the lack of progress in the discussions on the role of the United Nations in the post-war future of Iraq. Not only it fears that a proliferation of unilateral action will lead to a further deepening of existing divisions, but it also considers them a fundamental challenge to the principles of collective security and the United Nations Charter.

The Assembly calls on the Governments of its member states inter alia to give their support to efforts towards a multilateral solution for the post-war future of Iraq, a rapid transfer of sovereignty to the Iraqi people according to a clear timetable following a specific sequence of events, as well as to the principle that the ownership of Iraqi natural resources lies with the Iraqi people and to the progressive transfer, under the United Nations’ mandate, of control of Iraqi natural resources and public services to the Iraqi people and their representatives.

I.       Draft Resolution

1.       The Parliamentary Assembly is deeply concerned about the lack of progress in the discussions on the role of the United Nations in the post-war future of Iraq. It fears that a proliferation of unilateral actions will lead to a further deepening of existing divisions. It considers unilateral action a fundamental challenge to the principles of collective security and the United Nations Charter.

2.       The situation in Iraq is becoming increasingly explosive. Casualties are becoming daily news and attacks on international staff and aid workers, including the United Nations personnel, are multiplying. The Assembly expresses its deepest sympathy to the United Nations staff as well as the families of the victims who died in the terrorist attack of 19 August 2003, some of whom the Assembly has had the privilege to co-operate with on various issues. It is equally saddened to learn about the death of Ms Aqila al-Hashimi, member of the Iraqi Governing Council, after her convoy was attacked.

3.       The Assembly expresses sympathy to all those who lost their lives in the recent conflict in Iraq.

4.       The Assembly has followed closely the situation in Iraq since it last debated the issue in April 2003. It reiterates its Resolution 1326 (2003) on Europe and the war in Iraq and recalls that, already at that time, the Assembly had underlined the need for Europe to act resolutely and to restore the unity of the international community on the basis of mutual respect and international law allowing the United Nations to fulfil its mandate as a prime source of legitimacy.

5.       It welcomes the European Parliament’s Recommendation to the European Council on the situation in Iraq, adopted on 24 September 2003, and supports its call for a leading and vital role for the United Nations in Iraq.

6.       The existing divergence within the Security Council over the post-war management of Iraq is worrying not only because it has direct implications for the future of Iraq, but also because it will determine the role the United Nations will play in future crises.

7.       The situation in Iraq has faced the United Nations with one of the worst crisis in its existence. The Assembly congratulates the Secretary-General of the United Nations, Mr Kofi Annan, for his tireless calls for a multilateral approach, as well as for his proposals for radical changes within the United Nations, in particular the Security Council, in order to cope with similar future situations by improving not only its efficacy but also by making it more representative and thus increasing its legitimacy. It gives its full support to his further efforts in this direction and reiterates its calls for the reform of the United Nations which is contained in Recommendations 1367 (1998) and 1476 (2000).

8.       It is in the interest of the international community that Iraq should achieve political stability and the fulfilment of sovereignty, while maintaining territorial integrity through a democratic process as soon as possible. The Assembly is convinced that the post-war management must be carried out under the leadership of the United Nations and welcomes the indications for the change in the attitude of the Bush administration towards a more multilateral approach in this respect.

9.       The Assembly urges the members of the Security Council to overcome their differences and to find common ground in advance of the International Conference of Donors which is scheduled for 23-24 October 2003 in Madrid. Without a consensus the resources necessary for the reconstruction of Iraq will be impossible to obtain.

10.       The Assembly welcomes the initiative of the Secretary General of the Council of Europe to have invited the Deputy Secretary-General of the United Nations, Mrs Louise Frechette, to the informal Ministerial session in Strasbourg and notes with satisfaction the contacts he has made with the Secretary-General of the United Nations drawing his attention to the expertise of the Council of Europe in constitutional and legislative issues and in the building of democratic institutions. The Assembly encourages the Secretary General of the Council of Europe to continue his efforts with the United Nations to ensure that the Council of Europe’s expertise in these areas be used.

11. The Assembly calls on the Governments of the member states to give their support to:

i. efforts towards a multilateral solution for the post-war future of Iraq with the leading role to be taken by the United Nations;

ii. a rapid transfer of sovereignty to the Iraqi people according to a clear timetable following a specific sequence of events including the adoption of a new constitution acceptable to the different communities in Iraq;

iii. holding elections of a constituent assembly within a reasonable timeframe;

iv. a multinational force, under a United Nations’ mandate, which would guarantee security in Iraq;

v. the principle that the ownership of Iraqi natural resources lies with the Iraqi people and to the progressive transfer, under a United Nations’ mandate, of the control of Iraqi natural resources and public services to the Iraqi people and their representatives;

vi. any proposals of the Secretary General to use the Council of Europe assets, such as the Venice Commission, and expertise in the introduction of democracy, human rights and the rule of law in Iraq, and on the reconstruction of its civil society and restoration of its cultural heritage.

II.       Draft Recommendation

The Assembly recommends the Committee of Ministers to include on the agenda of its next ministerial session the question of the post-war management of Iraq and the possible role of the Council of Europe in assisting the United Nations in building democratic institutions.

III.       Explanatory memorandum by the Rapporteur

1.       The Rapporteur does not consider it necessary to present an exhaustive explanatory memorandum on the United Nations’ role in Iraq. Recent discussions and issues at the United Nations are well known to all members.

2. The Rapporteur does however deem it useful to recall the Assembly’s previous reports on the war in Iraq and notably it’s Resolution 1326 (2003) on Europe and the war in Iraq. The Assembly underlined already then the need for Europe to act resolutely and to restore the unity of the international community on the basis of mutual respect and international law.

3.       Furthermore, the Assembly recalls its texts concerning the United Nations and its repeated calls for the reform of that Organisation (Recommendations 1367 (1998) and 1476 (2000)).

4.       The situation in Iraq is increasingly dangerous. Every day we learn about a new attack, some of them involving United Nations staff, aid workers and members of the Iraqi Governing Council. This situation has faced the United Nations with one of the worst crisis in its existence and the divergence of opinion within the United Nations Security Council on the role of the United Nations in the post-war management of Iraq.

5.       The differences of opinion at the United Nations Security Council must be overcome in advance of the International Conference of Donors which is scheduled for 23-24 October 2003 in Madrid. Without a common position the resources necessary for the reconstruction of Iraq will be impossible to obtain. The Council of Europe should give its support to a progressive transfer, under the United Nations’ mandate, of Iraqi natural resources and public services to the Iraqi people and their representatives.

6.        The Council of Europe should show its readiness to assist the United Nations in the post-war management of Iraq in areas where it has recognised expertise, such as preparing constitutional and legislative reforms and democratic institution-building.

7.        Your Rapporteur underlines that for stability and reconstruction, the rapid transfer of sovereignty to the Iraqis, according to a clear timetable following a specific sequence, is crucial. Therefore, the Council of Europe member states should support holding elections of a constituent assembly within a reasonable timeframe. Furthermore, the Assembly calls on them to encourage all efforts towards a multilateral solution.

Reporting Committee: Political Affairs Committee.

Reference to committee: Reference 2871, 29.09.2003 (request for an urgent procedure debate).

Draft Resolution and draft Recommendation adopted by the Committee on 30 September 2003.

Members of the Committee : Jakic (Chairman), Rogozin (Vice-Chairman), Feric-Vac (Vice-Chairperson), Spindelegger (Vice-Chairman), Aguiar, Aliyev (alternate: Seyidov), de Aristegi, Ates, Atkinson,  Azzolini (alternate: Provera), Banáš, Berceanu, Beres, Bianco, Blankenborg, Cekuolis, Clerfayt (alternate: Goris), Davern, Dreyfus-Schmidt, Druviete, Durrieu, Elo, Frey, Glesener, Goulet, Gross, Hedrich, Henry, Hörster, Iwinski, Judd, Karpov, Kirilov, Klich (alternate: Markowski), Koçi, Kostenko, van der Linden, Lloyd, Loutfi, Magnusson, Margelov, Martinez-Casan, Medeiros Ferreira, Mercan, Micunovic, Mignon, Mihkelson, Muratovic, Naudi Mora, Neguta, Nemcova, Nemeth, Oliynyk, Ouzky, Pangalos, Petrova-Mitevska, Petursdottir, Pourgourides, Prentice, Prica, Prisacaru, de Puig, Pullicino Orlando, Ranieri, Roth, Severin, Severinsen, Tabajdi, Tekelioglu, Torosyan, Tritz, Vakilov (alternate: Mollazade), Volpinari, Voulgarakis (alternate: Liapis), Westerberg, Wielowieyski, Wohlwend, Wurm, Yarygina, Zacchera, Zhvania, Ziuganov (alternate: Slutsky).

N.B.: The names of the members who took part in the meeting are printed in italics.

Secretariat of the Committee: Mr Perin, Mrs Ruotanen, Mr Chevtchenko, Mr Dossow.