• Print
• Share

Update Report No. 4: Iraq/Kuwait (Missing Persons)

Update in Word Format • PDF Format

Expected Council Action
Council members will be briefed on Monday 17 April in closed consultations by the High-Level Coordinator Yuli M. Vorontsov on an issue arising out of the Iraqi invasion of Kuwait in 1990—the repatriation and return of Kuwaiti and third-country nationals or their remains. A statement to the press by the president of the Council is likely. Vorontsov’s mandate also covers the return of Kuwaiti property, but that will not be covered in Monday’s briefing.

The Council will also receive a separate briefing from the Secretariat on the Iraq Kuwait Boundary Maintenance Project (IKBMP) regarding the results of the maintenance requirements of the pillars and markers on the boundary between Iraq and Kuwait. The work of IKBMP is not controversial; no Council action on the subject is expected.

Key Facts
After Iraq invaded Kuwait on 2 August 1990, the Council, following various resolutions condemning the Iraqi invasion, authorised member states through resolution 678 to use “all necessary means” to restore international peace and security in the area. In March 1991, after Iraqi armed forces had been driven out of Kuwait, and following the passage of Council resolutions 686 and 687 setting detailed conditions for a ceasefire, the Tripartite Commission was created under International Committee of the Red Cross (ICRC) auspices to ascertain the fate of missing military personnel and civilians. The Commission consists of the allied Coalition on one side and Iraq on the other, with the ICRC as a third party.

Iraq, never having cooperated fully, withdrew from the Tripartite Commission in December 1998. On 17 December 1999, in resolution 1284, the Council requested the Secretary-General to report every four months on the compliance by Iraq with its obligations regarding the repatriation and return of all Kuwaiti and third-country nationals and their remains.

The Secretary-General appointed Yuli M. Vorontsov of the Russian Federation as the High-Level Coordinator for Iraq’s compliance with its obligations regarding the missing persons. His mandate is to encourage and coordinate efforts of all parties concerned and to keep the Council periodically informed of the situation. Vorontsov regularly meets with relevant parties in the Middle East, New York and Geneva. The actual investigation and exhumation of human remains from Iraqi mass graves is conducted by Kuwaiti search and assessment teams.

By December 2002, under considerable diplomatic pressure, Iraq resumed its participation in the Tripartite Commission, and following the fall of Saddam Hussein’s regime, the Coalition Provisional Authority continued cooperation with the Commission. Emphasising that the Tripartite Commission was the principal mechanism for resolving the Kuwait missing persons issue, the Secretary-General recommended in his report of August 2003 that the Council might wish to consider bringing High-Level Coordinator Vorontsov’s mandate to a close upon submission of the next report in December that year.

Kuwait shortly thereafter conveyed its strong desire for the Council to continue to follow this issue and to extend Vorontsov’s mandate. Following Kuwait’s appeal, the Council adopted a presidential statement on the matter, deciding that High-Level Coordinator should continue his work, while announcing the Council’s intention to keep his mandate under review.

In his last report, in December 2005, the Secretary-General reported that no further remains of Kuwaiti and third-country nationals and missing persons had been identified. Since the last report, Kuwaiti search and assessment teams had not been able to enter Iraq due to security concerns. It is therefore not expected that Vorontsov will be able to report any substantial developments.

The Coordinator’s briefing, held every four months, is normally followed by a press statement drafted by the UK. This month, contrary to normal practice, the Secretary-General will not issue a written report on this issue as there have been very few developments since the last report was issued in December 2005.

With respect to the border issue, after the United Nations Iraq-Kuwait Observation Mission (UNIKOM) departed from the Demilitarised Zone in March 2003, the UN was unable to inspect the boundary between the countries. After Iraq and Kuwait confirmed that they would provide security and funding, the Secretary-General proposed establishing IKBMP. In February 2006, an IKBMP assessment mission was deployed to assess the maintenance requirements of the boundary pillars and markers. It is hoped that the project will contribute to the normalisation of relations between Iraq and Kuwait, and that the parties will subsequently create their own border maintenance mechanism.

Key Issues
In the Secretary-General’s first report, in April 2000, on Iraq’s compliance with regard to the repatriation and return of all Kuwaiti and third-country nationals or their remains, he stressed the importance of repatriating missing persons who were still alive. Last year the Secretary-General observed however, that although the fate of some 270 missing persons is not yet known, the chances that they may be found alive have diminished with time. As the number of identified persons has remained unchanged since August 2005, an issue is whether this matter, though a serious humanitarian concern, still requires the attention of the Council three times a year.

Council Dynamics
Many Council members believe it is time to bring this mandate to a close, due to the drastic change in political circumstances since its creation: the time elapsed since the missing persons disappeared and the practical obstacles the security problems in Iraq pose to the Coordinator’s work. However, it seems that as long as Kuwait wants this issue on the agenda, the majority will acquiesce in retaining it. The Council has not openly discussed whether or not to terminate the mandate.

Options
The most likely option is the customary statement to the press by the president of the Council, drafted by the UK, which would convey the Council members’ deepest condolences to all of the affected families and express the Council’s full support for Vorontsov’s continued effort.
Some other options before the Council could be:

• to decide to carry out a comprehensive review of Iraq-related mandates and the nature of future UN involvement in Iraq;
• to decide that there is no longer a need for a special High-Level Coordinator to report on Kuwaiti missing persons and transfer the responsibility to one of the Secretariat’s departments; or
• to decide that rather than require reporting three times a year, reporting should be reduced to once a year.

Underlying Problems
The question of carrying out a more comprehensive review of other mandates arising out of the 1990 invasion of Kuwait overshadows the question of Vorontsov’s mandate. Members otherwise interested in terminating this specific mandate might be reluctant to approach the issue, worrying that it may trigger a broader and much more contentious debate involving other mandates including, for instance, the review of United Nations Monitoring, Verification and Inspection Commission.

UN Documents

Historical Background

Other Relevant Facts

• Print
• Share

• Share or print this post