The Council of Europe’s contribution to the settlement of the situation in Iraq

[Documents/Docheader.htm]
The Council of Europe’s contribution to the settlement of the situation in Iraq

Doc. 10224
22 June 2004

Report
Political Affairs Committee
Rapporteur: Mrs Tana de Zulueta, Italy, Socialist Group

Summary

The Parliamentary Assembly welcomes the adoption by the United Nations Security Council of Resolution 1546 (2004) on the Situation between Iraq and Kuwait. It considers it of significant importance that the Resolution was adopted unanimously as this reflects the resolve of the international community to overcome the past divisions and to assist the Iraqi people in taking over responsibility for their own future.

The interim government of Iraq faces the immense challenge of implementing the proposed timetable for political transition as proposed by Security Council Resolution 1546 and of creating a broad based consultative process for the election of the future Iraqi government, thus giving the Iraqi people the perception that they control their own political destiny.

The Assembly condemns the torture in prisons managed by the coalition forces and calls on its member and observer states to enshrine the principle of accountability for all armed forces, whether militarily or privately contracted.

The Assembly asks the Secretary General of the Council of Europe to propose without delay to the United Nations Secretary-General the Council of Europe’s expertise for implementing the Security Council Resolution 1546, notably that of the Venice Commission in the fields of constitutional drafting, code reform and election design. It also resolves to be seized of the question until the normalization of the situation in Iraq.

I.        Draft resolution [Link to the adopted text]

1.        The Parliamentary Assembly welcomes the United Nations Security Council Resolution 1546 (2004) on the Situation between Iraq and Kuwait, unanimously adopted on 8 June 2004, and its decision embedded in it to transfer full responsibility and authority over their country to the Iraqis and to end the occupation by 30 June 2004.

2.        The Assembly recalls its Resolutions 1326 (2003) on Europe and the War in Iraq and 1351 (2003) on the Role of the United Nations in Iraq and notes with satisfaction that the Security Council Resolution 1546 addresses in detail most of the issues raised in Assembly Resolution 1351 and sets a clear timetable for the transition by outlining the specific sequence of events as had been urged by the Assembly.

3.        The Assembly considers it of significant importance that the Security Council Resolution was adopted unanimously as this reflects the resolve of the international community to overcome the past divisions and to assist Iraqi people to take over the responsibility of its own future. It also welcomes the fact that the Security Council gives the United Nations a leading role in assisting Iraq to build up its future political structures.

4.        The Assembly encourages co-operation between the interim government of Iraq and Iraq’s neighbours to address regional security issues and open dialogue to strengthen the political process in Iraq.

5.        The Assembly regrets the continued violence, including hostage taking, in Iraq and fears that it will hamper satisfactory implementation of Security Council Resolution 1546. The United Nations Secretary-General Kofi Annan made it clear on 18 June 2004 that any planned return of the Special Representative of the Secretary General or of the United National Assistance Mission for Iraq (UNAMI) to Iraq would be irresponsible given the continued violence in the country and the previous targeting of United Nations staff by terrorists. Not only foreigners involved in Iraq’s reconstruction, but also Iraqi officials in the transitional authority continue to face danger by virtue of their position. The Assembly expresses its deepest condolences to all victims of the conflitct.

6.        The Assembly believes that in order for the United Nations to efficiently implement Security Council Resolution 1546 and to guarantee the effective transfer of power, it must play the leading role and be able to return to Iraq as soon as possible.

7.        Therefore, given the widely-held expectations of increased violence associated with the 30 June 2004 transfer of power, the Parliamentary Assembly believes that in order to enable the broad-based popular participation in the transition to democratic governance in Iraq the requisite security must be guaranteed.

8.        The interim government of Iraq faces the immense challenge of implementing the proposed timetable for political transition as agreed by the Security Council Resolution and of creating a broad based consultative process for the election of the future Iraqi government, thus giving the Iraqi people the perception that they control their own political destiny. During the interim period the reintroduction of the rule of law is of crucial importance in order to attract foreign investment and guarantee the Iraqi people full control over their natural resources.

9.        The Assembly calls on the Secretary General of the Council of Europe to propose without delay to the United Nations Secretary-General to take advantage of the Council of Europe’s expertise in legislative and constitutional issues, in electoral matters and in the building of democratic institutions, in order to assist UNAMI implement paragraph 7 of Security Council Resolution 1546.

10.        The Parliamentary Assembly condemns and deplores the torture in prisons managed by the coalition force. It recalls the report of the International Committee of the Red Cross (ICRC) in February 2004 which drew the concerned authorities’ attention to widespread abuse in Iraqi detention facilities. The Assembly underlines that international humanitarian law of armed conflicts, notably the Geneva Conventions, obliges all parties to a conflict to protect the life and dignity of persons not or no longer fighting. Moreover, it notes with regret that the ICRC has faced significant delays in gaining access to detainees in Iraq, as well as to a complete record of all detainees held in Iraq, and recalls that this also amounts to unacceptable violations of the Geneva Conventions.

11.        The Parliamentary Assembly welcomes the efforts of the United States and the United Kingdom military authorities to punish those responsible to the full extent of the law. However, it is concerned about the political precedent set by the United States administration for concurrently attempting to extend the immunity of American soldiers from the jurisdiction of the International Criminal Court.

12.        The Parliamentary Assembly asks the Secretary General of the Council of Europe to propose without delay to the United Nations Secretary-General:

i.          the Council of Europe’s expertise for implementing the United Nations Security Council Resolution 1546 (2004), in response to the request for international assistance in Iraq’s reconstruction, notably that of the Venice Commission in the fields of constitutional drafting, code reform and election design;

ii.          the Council of Europe’s expertise in the fields of culture and education to allow the Iraqi authorities, in particular those responsible for the educational system, to cultivate the values of democracy, tolerance, dialogue, respect for diversity and the preeminence of human rights in Iraqi society and among Iraq’s younger generations;

iii.         the expertise of the European Committee for the Prevention of Torture (CPT) to allow the United Nations and the interim government of Iraq to supplement the work already being done by the ICRC;

iv.         to contribute in the formation and training of a viable Iraqi police force as regards their rights and duties in the framework of the Council of Europe programme “Police and Human Rights – Beyond 2000”, considering the importance for the new Iraqi security forces in guaranteeing security during the transition towards democracy;

v.          to sponsor training seminars for Iraqi judges on the rule of law, procedural safeguards in the criminal system and human rights and international humanitarian law norms.

13.        The Assembly calls upon its member and observer states to:

i.          respond positively to an appeal launched by the Security Council to contribute to a multinational force under the aegis of the United Nations;

ii.          enshrine the principle of accountability for all armed forces, whether military or privately contracted security forces;

iii.         support the ICRC in Iraq to carry out its role as guarantor of the Geneva Conventions.

14.        The Assembly calls upon the interim government of Iraq to pave the way to national reconciliation by working, step by step, towards an open, pluralistic society, respectful of fundamental freedoms, economic and social prosperity, women’s rights and cultural diversity. In particular attention must be paid to decreasing the appeal of the radical elements in Iraq who today threaten to destabilise the democratic process. Secular policies, at equal distance to all ethnic and religious communities, could be a key to the realisation of this historic transition.

15.        The Assembly considers this matter of highest importance and resolves to be seized of the question until the normalization of the situation in Iraq.

II.         Explanatory memorandum

1.        The Assembly welcomes the unanimous adoption by the United Nations Security Council of Resolution 1546 (2004) on the Situation between Iraq and Kuwait. It considers it of significant importance that the Resolution was adopted unanimously, as this reflects the resolve of the international community to overcome its past divisions and to assist the Iraqi people take over the responsibility for their own future.

2.        The Assembly wishes that the United Nations play the leading role in implementing the Resolution, and hopes that the security situation in Iraq will allow it to return as soon as possible.

3.        The Resolution 1546 sets out a detailed plan for the transfer of power to the Iraqis. The Assembly calls on the Secretary General of the Council of Europe to put at the disposal of the United Nations Secretary-General its expertise in the areas of its competence. The Resolution 1546 is appended.

4.        Recent events in Iraq are well known to all Assembly members, and I do not consider it necessary to elaborate them further in this repot.

APPENDIX

Link to the UN Security Council Resolution 1546 on The situation between Iraq and Kuwait (.pdf format)

Reporting Committee: Political Affairs Committee.

Reference to Committee: Reference 2968 on 21 June 2004

Draft Resolution adopted by the Committee on 22 June 2004 with one abstention

Members of the Committee : MM. Jakic (Chairperson), Margelov (Chairperson), Spindelegger (Vice-Chairperson), Ates (Vice-Chairerson), Ms Aguiar, MM. Arzilli, Atkinson, Azzolini, Ban�š, Berceanu (alternate : Canacheu), Bianco, Blankenborg, Bokeria, Van den Brande, Cekuolis, Curiel Alonso (alternate : Agramunt), Davern (alternate : O’Keeffe), Dreyfus-Schmidt, Ms Druviete, M. Duivesteijn, Ms Durrieu, MM. Elo, Glesener, Goulet, Gross (alternate : Reimann), Hedrich, Henry, H�rster, Iwinski, Jahic, Jovaševic, Judd, Kalezic, Karpov, Klich (alternate : Grzyb), Ko�i, Kosachev (alternate : Kolesnikov), Kostenko, Lindblad, van der Linden, Lloyd, Loutfi, Magnusson, Marty, Matušic, Medeiros Ferreira, Meimarakis, Mercan, Mignon, Mihkelson, Ms Narochnitskaya, Ms Nemcova, MM. Nemeth, Oliynyk, Ouzky, Pangalos, Ms Petrova-Mitevska, Ms Petursdottir, Ms Pintat Rossell, MM. Pourgourides (alternate : Christodoulides), Prentice, Prijmireanu, Prisacaru, Puche, de Puig, Pullicino Orlando, Ranieri (alternate : de Zulueta), Roth, Severin, Ms Severinsen (alternate : Arnold), MM. Seyidov, Slutsky, Tabajdi, Tekelioglu, Torosyan, Toshev, Ms Tritz, MM. Vakilov, Wielowieyski, Ms Wohlwend, Ms Wurm, Mr. Zacchera.

Ex-officio: MM. Davis, E�rsi, Einarsson, Russell-Johnston

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

Head of the Secretariat : Mr Perin

Secretaries to the Committee: Mrs Ruotanen, Mr Chevtchenko, Mr Dossow