December 2008 Monthly Forecast

Posted 26 November 2008
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MIDDLE EAST

Iraq-Kuwait

Expected Council Action
The Secretary-General’s periodic report to the Council on Iraq’s compliance with resolution 1284 of 1999 is due in early December. This report deals with the repatriation of Kuwaiti and third-country nationals, or their remains, and the return of property following the first Gulf War. The Council is likely to hold consultations and hear a briefing by High-Level Coordinator Gennady P. Tarasov. At press time, the briefing was scheduled for 10 December. The Council is expected to follow its usual practice and issue a press statement. topfull forecast

Key Recent Developments
During his recent visits to Baghdad (from 12 to 15 October) and to Kuwait (from 17 to 19 November), Tarasov met with high level Iraqi interlocutors to address these issues. The UN Assistance Mission for Iraq is currently formulating a technical assistance and capacity-building project for the Iraqi Ministry of Human Rights in order to facilitate and expedite the work of technical teams exhuming graves of missing Kuwaiti prisoners of war.

On 29 October the Council’s subsidiary body, the UN Compensation Commission (UNCC), which settles the damage claims of those who suffered losses because of Iraq’s 1990 invasion of Kuwait, announced that it will pay $889 million to 16 further claimants.

A comprehensive report is due to be delivered to the Council by Tarasov in April 2009. 

Background on the Missing Persons and Property Report
Under resolution 1284, the Secretary-General reports on Iraq’s compliance regarding the return of all Kuwaiti and third-country nationals, or their remains, and on the return of all Kuwaiti property seized by Iraq. (Since June 2006, these reports have been issued simultaneously every six months on both issues.)

As of 29 January 2008, the remains of a total of 235 Kuwaiti prisoners of war and third-country nationals (citizens of Egypt, Iran, Lebanon, Oman and Saudi Arabia) have been identified by the Kuwaiti authorities.

Since 1991, the UNCC has received nearly three million claims. The recent payments bring the total compensation paid out by UNCC to $26 billion. The majority of funds for compensation payments come from the sale of Iraqi petroleum under the oil-for-food programme, which ended in 2003. 

Council Dynamics
Within the Council, this issue is principally followed by the P5. The UK has the lead. Given the slow progress made, there are some concerns about continuing the mandate of resolution 1284 indefinitely. However, Council members seem to continue to support Kuwait’s desire to persist. The improving security situation in Iraq may allow progress on these issues. Council dynamics are expected to become clearer after the High-Level Coordinator’s comprehensive report is delivered next April.

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UN Documents

Selected Security Council Resolutions

  • S/RES/1483(22 May 2003) decided that 5 percent of Iraqi oil proceeds be deposited into the Compensation Fund unless an internationally recognised Iraqi government and the Governing Council of the UN decide otherwise.
  • S/RES/1284 (17 December 1999) requested the Secretary-General to report to the Council on the compliance by Iraq with its obligations regarding the repatriation or return of all Kuwaiti and third-country nationals.
  • S/RES/692 (20 May 1991) established the UNCC and the UN Compensation Fund.
  • S/RES/687 (3 April 1991) established Iraq’s legal responsibility for any direct loss, damage, or injury to foreign governments, nationals and corporations, as a result of Iraq’s unlawful invasion and occupation of Kuwait.

Latest Secretary-General’s Report

Latest Security Council Press Statements

Selected Letters

  • S/2008/658 (23 October 2008) letter from the President of the Governing Council of the UNCC to the president of the Security Council.

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