Det Udenrigspolitiske Nævn 2006-07
Bilag 24
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Report of the Secretary-General pursuant to paragraph 30 of resolution1546 (2004)I.Introduction
1.In paragraph 30 of resolution 1546 (2004) of 8 June 2004, the Security Councilrequested the Secretary-General to report to the Council on a quarterly basis on thefulfilment of the responsibilities of the United Nations Assistance Mission for Iraq(UNAMI). The present report is the tenth submitted pursuant to that resolution.2.The report provides an update on United Nations activities in Iraq since the lastreport (S/2006/706 of 1 September 2006). It presents a summary of key politicaldevelopments in the period under review, particularly concerning the efforts of theGovernment of Iraq to promote national reconciliation and to improve the securitysituation, as well as regional and international developments pertaining to Iraq. Thereport also provides an update on the activities of my Special Representative for Iraq,Mr. Ashraf Jehangir Qazi, and UNAMI, an assessment of the security situation, as well asan update on operational and security matters.
II.A.
Summary of key developments in IraqPolitical developments
3.The period under review was marked by a significant increase in sectarianviolence, insurgent and terrorist attacks, as well as criminal activities with civiliancausalities reaching an all time-high. Across many parts of the country, an increasingnumber of Iraqis have been affected by growing violence and insecurity.4.A joint effort by the Government of Iraq and the Multinational Force to stem therising level of violence under the Baghdad Security Plan appears to have had very limitedsuccess. Control of access to and from Baghdad, an extension of curfews and house-to-house cordon and search operations were some of the additional security measuresemployed to stabilize the capital. Despite these efforts, in large areas of Baghdad andother parts of the country, insurgent and militia activities remain uncontrolled. The mostserious recent incidents, such as the mass abduction of some 100 employees and visitorsat the Ministry of Higher Education in Baghdad, or the heinous terrorist attacks in SadrCity on 23 November, which left over 200 people dead and scores injured, have deepenedpublic concerns over the ability of the Government to control the security environment.5.The succession of various initiatives to promote national reconciliation bothinside and outside Iraq does not appear to have had a significant impact on the scale andnature of the violence in the country. The proliferation of initiatives has led towidespread scepticism about their viability both inside and outside Iraq. TheGovernment has also been unable to supplement its security initiatives with theimplementation of projects to improve the delivery of essential services, provide jobs and
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re-build socio-economic infrastructure. Institutional capacity limitations have alsoimpeded the execution of the Government’s ability to implement the 2006 budget.6.During the period under review, the Council of Representatives (CoR), whichreconvened on 5 September 2006 after the summer recess, finalized the establishment ofits 24 parliamentary committees and considered several pieces of legislation, includingsome key bills related to the implementation of the Constitution. Through thesecommittees, the CoR adopted a number of pieces of legislation, including a law on theimport and retailing of oil products; amendments to the criminal code; amendments to thegeneral prosecution law of 1979; and a law on national investment. Discussions at thepolitical and technical levels on a draft national hydrocarbon law are ongoing.7.On 12 September 2006, a group of parliamentarians from the Sadrist block of theShia coalition, the United Iraqi Alliance, and from Sunni political parties called for atimetable for the withdrawal of the Multinational Force. As a result, the DefenceCommittee of the Council of Representatives held discussions on the status of theMultinational Force.8.On 25 September 2006, the Council of Representatives established theConstitutional Review Committee (CRC), which is composed of 27 members inproportional representation to the distribution of seats in the CoR. On 15 November2006, following a prolonged debate over its chairmanship, the CRC held its first formalsession and elected Sheikh Humam Hamoudi (United Iraqi Alliance) as its Chair and Mr.Ayad Sammaraie (Tawafoq) and Mr. Fouad Massoum (Kurdish Alliance) as the DeputyChairs. The CRC agreed that the Committee leadership should take decisions byconsensus.9.On 8 October 2006, the Council of Representatives (CoR) renewed for anotherthirty days the state of emergency that has been in place across the country sinceNovember 2004, with the exception of the Kurdistan Region, since November 2004.10.On 11 October 2006, the CoR adopted the law on the formation of regions. Thedrafting of the law was contentious. Several Sunni political parties, spearheaded byTawafoq and joined by Fadhila, the Sadrists and some independents, argued that the lawshould be enacted only after the completion of the constitutional review process. TheUnited Iraqi Alliance and the Kurdish Alliance called for its enactment prior to a six-months deadline set forth in the Constitution. The draft law was finally put to a vote as aresult of a compromise “package-deal” reached on 24 September according to which theenacted law would not be implemented for 18 months and the constitutional reviewcommittee would be given one year to complete its work. Notwithstanding thiscompromise, the law was passed by a very narrow margin as a number ofparliamentarians boycotted the vote in the CoR.11.On 25 October 2006, as result of differences over security operations in Sadr City,the Government of Iraq and the Multinational Force announced the formation of a jointcoordination committee. The committee, which is composed of the Iraqi National
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Security Advisor, the Iraqi Ministers of Defence and Interior, the Multinational ForceCommander and the US Ambassador to Iraq, was charged with accelerating the trainingof Iraqi Security Forces and the transfer of responsibility for security to the Governmentof Iraq, including assumption of command and control over Iraqi forces.12.In a letter dated 11 November 2006 addressed to the President of the SecurityCouncil, Prime Minister Al-Maliki, on behalf of the Government of Iraq, requested thatthe mandate of the Multinational Force be extended for additional 12 months. On 28November 2006, the Security Council unanimously adopted resolution 1723 (2006)extending the mandate of the Multinational Force until 31 December 2007. The Councilalso decided that this mandate could be reviewed at the request of the Government of Iraqor no later than 15 June 2007, and that it would terminate the mandate earlier if requestedby the Government of Iraq.13.During the period under review, Prime Minister Al-Maliki has pushed forward theimplementation of his National Reconciliation Plan. Following a conference of triballeaders in August, he held a meeting with a spectrum of civil society figures andinstitutions on 16 September. The conference with political leaders, originally scheduledfor October, has been postponed several times.14.On 2 October, Prime Minister Al-Maliki announced a four-point RamadanAccord, which was supported by major political parties. A key element of the agreementincluded the establishment of local security committees composed of political, religious,police and army figures. The Prime Minister also initiated direct contacts through hispersonal representatives with Iraqi opposition groups within Iraq and in Jordan, Egyptand other neighbouring countries.15.Reconciliation initiatives in Iraq have been complemented by the efforts ofregional actors. On 20 October 2006, Iraqi Shiite and Sunni religious leaders, in ameeting sponsored by the Organization of the Islamic Conference, issued in Mecca adeclaration calling for an end to sectarian bloodshed in Iraq. The agreement waswelcomed by political and religious leaders both inside and outside of Iraq.16.On 1 September 2006, Mr. Masoud Barzani, President of the Iraqi KurdistanRegion, banned the Iraqi national flag within the Kurdistan Region and replaced it withthe flag of that Region. In response, Prime Minister Al-Maliki ordered that the Iraqinational flag be used throughout the country. At the same time, he called upon theParliament to consider adopting a new national flag. Meanwhile, Mr. Barzani, whilecontinuing to refuse to fly the current national flag, agreed to fly the 1958 Iraqi flagwithin the Region. On 24 September, a draft Constitution for the Kurdistan Region ofIraq was read in the Kurdistan National Assembly on 24 September and was submittedfor a period of public comment that will run through April 2007.17.During the period under review, the Government-appointed committeeestablished under Article 140 of the Constitution for the normalization of the situation inKirkuk held five sessions and established a number of sub-offices in the area. On 11
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October 2006, the Council of Representatives established a parliamentary committee tooversee the work of the Government Article 140 committee.B.Regional developments
18.During the period under review, Prime Minister Al-Maliki and members of hiscabinet made several visits to Iraq’s neighbouring states as part of the Government’sefforts to foster their cooperation in stabilizing Iraq. In this context, on 12 and 13September 2006, Prime Minister Al-Maliki visited Iran for meetings with Ayatollah AliKhamenei and President Mahmoud Ahmadinejad.19.On 18 September 2006, the Interior Ministers of the countries neighbouring Iraqheld their third meeting in Jeddah. The participants adopted a protocol on combatingterrorism, illegal border infiltration, and organized crime. On 21 September 2006, thetenth meeting of the Foreign Ministers of the Neighbouring Countries of Iraq was held inNew York.C.International developments
20.The United Nations, as a co-chair of the International Compact with Iraq,continued to provide support to Government of Iraq in the development of the Compactdocument. The United Nations also assisted in organizing the high-level and technicalmeetings of the Preparatory Group. In addition, the United Nations hosted two meetingsat Headquarters in order to broaden international support for the Compact beyond thePreparatory Group. In this context, on 18 September 2006, I convened a high-levelmeeting at United Nations Headquarters in New York to review progress in theimplementation of Security Council resolution 1546 (2004) and in developing theInternational Compact. The meeting, which included the permanent members of theSecurity Council, Iraq’s neighbouring countries, key donors and representatives ofconcerned regional and international organizations, provided an opportunity to review theprogress being made by the Government of Iraq in the political, security and economicfields. The meeting also permitted the mobilisation of greater and broader internationalsupport and engagement with the Government of Iraq on the International Compact.21.On 10 September 2006, the Deputy Secretary-General, Mr. Mark Malloch Brown,and the Deputy Prime Minister, Mr. Barham Salih, co-chaired the first high-level meetingof the ICI Preparatory Group in Abu Dhabi. At the meeting participants adopted the AbuDhabi Declaration, in which the members of the Preparatory Group recognized the needto expeditiously complete the development of the ICI through a broad consultativeprocess at the national, regional and international levels. On 31 October 2006, mySpecial Representative for Iraq co-chaired the second high-level meeting of thePreparatory Group of the International Compact in Kuwait City. The meeting focused onsubstantive issues related to the Compact document and its implementation. During themeeting, participants recognized the progress in drafting the Compact document, inparticular the inclusion of the political and security sections, as well as a presentation ofspecific benchmarks and the Joint Monitoring Matrix. I would like to thank the
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Government of Kuwait and the United Arab Emirates for hosting the two high-levelmeetings of the Preparatory Group. I look forward to the formal launch of theInternational Compact with Iraq. The date and venue for the final event are underconsideration.22.On 13 November 2006, the Deputy Secretary-General convened a meeting atUnited Nations Headquarters in New York to brief all Member States on the progressbeing made to develop the Compact, following the high-level Preparatory Group meetingheld in Kuwait City. The meeting also provided the opportunity to discuss externalsupport to the Government of Iraq, particularly in the areas of debt relief and newfinancial contributions.
III. Update on activities of the MissionA.Political activities of the Special Representative of theSecretary-General
23.During the period under review, my Special Representative continued hisconsultations with a broad spectrum of key political, civil society, tribal, and religiousleaders in the effort to promote genuine dialogue and address the volatile securitysituation. He met frequently with leading members of the Iraqi Government, the Speakerof the Iraq Council of Representatives and parliamentary committee chairs, as well asother political and religious leaders to discuss the Government’s legislative agenda, theconstitutional review process, and other matters relating to UNAMI priorities. In hismeetings he encouraged the strengthening of the legal and institutional foundation of thecountry, while supporting efforts aimed at stemming the prevailing violence in thecountry. In this context, he also worked to promote the implementation of theGovernment’s National Reconciliation Plan.24.On 7 September 2006, my Special Representative visited Amman, where he helddiscussions with the Foreign Minister of Jordan and senior officials of the Government ofJordan. He also interacted with a cross-section of representatives of Iraqi political andtribal groups currently based in Jordan to discuss national reconciliation in Iraq.25.As my focal point for the International Compact in Iraq, my SpecialRepresentative coordinated preparatory activities for the elaboration of the Compactdocument with key Iraqi and international counterparts in Baghdad. On 10 Septemberand 31 October 2006, he participated in the high-level Preparatory Group meetings inAbu Dhabi and Kuwait City. He also presided over a series of technical and executivemeetings related to the International Compact in Baghdad.26.During his trip to New York and Washington, D.C. from 12-22 September 2006,my Special Representative attended the High-Level meeting on Iraq as well as the tenthmeeting of the Foreign Ministers of the Neighbouring Countries of Iraq chaired byTurkey in New York. In Washington, D.C. my Special Representative held discussions
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with the US National Security Advisor, as well as with senior officials of the USDepartment of State.B.Constitutional support activities
27.During the period under review, the UNAMI Office of Constitutional Support(OCS) continued its support to the Council of Representatives in developing the requiredlegislation for advancing the implementation of the Constitution. UNAMI/OCS alsoengaged key members of Parliament concerning the establishment of the ConstitutionalReview Committee (CRC), as well as relevant legislative issues.28.Following the establishment of the CRC, at the request of the Speaker of theCouncil of Representatives, UNAMI/OCS has initiated discussion with the leadership ofthe CRC on how best it could support the process, particularly through technicalassistance, as well as substantive and procedural advice. The United Nations intends toprovide strong support to the constitutional review process, drawing on best practice fromaround the world. If approached with the necessary political will for dialogue andcompromise by Iraq’s leaders, this process could provide a key vehicle for nationalreconciliation by resolving fundamental issues (e.g. federalism; allocation of power andresources).C.Electoral assistance activities
29.The draft law for establishment of the Independent High ElectoralCommission of Iraq (IHECI) remains outstanding as discussions continue with regard tothe rights and responsibilities of the provincial election commissions. Pending theestablishment of the IHECI, the Independent Electoral Commission of Iraq has operatedunder a series of one-month extensions, the last of which expired on 10 Novemberwithout a further extension.30.Throughout the period under review, the UNAMI Office of Electoral Assistancecontinued its engagement with the Council of Representative on the legal framework forthe establishment of the IHECI. It also provided advice on the electoral aspects of the lawon the formation of regions.31.The UNAMI Office of Electoral Assistance is also providing support for theprocess of the transition from the Independent Electoral Commission to the future IHECI.This process involves the identification and planning of the required infrastructure,staffing and financial resources, as well as logistical and security needs for theestablishment of the IHECI. UNAMI is also providing support for the planning andupdating of the voter rolls in preparation for future electoral events.D.Reconstruction, development and humanitarian assistance
32.UNAMI and United Nations agencies, programmes and funds continued tosupport the Government of Iraq by working to strengthen ministerial capacities, toprovide and coordinate access to basic services and to restore public infrastructure.6
During the period under review, the primary focus was on providing substantive supportto the Government in preparation for the International Compact with Iraq.33.The implications of the content and direction of the International Compact haveinfluenced the strategic planning of the United Nations role in Iraq. The United Nationscountry team has recalibrated its focus and programming to complement the Compact. Inthis regard, a two-pronged assistance strategy is being employed whereby the UnitedNations will continue to focus on providing assistance for the delivery of essential socialservices, while providing targeted institutional and operational capacity-building supportto the Government of Iraq.34.UNAMI continued to emphasize the need for Iraqi leadership of humanitariandevelopment initiatives as an essential means to promote national stability. To this end,the consultancy services of a Contingency Planning Advisor from the United NationsOffice for the Coordination of Humanitarian Affairs (OCHA), as well as a Civil SocietyLegal Advisor provided through the United Nations Office of Project Services (UNOPS)have been secured and made available to the relevant government institutions, includingthe Office of the Prime Minister and the Ministry of Civil Society Affairs.35.Sectarian violence and ongoing military operations continue to adversely affectlarge numbers of Iraqi civilians in many areas on the country. The number of Iraqisdisplaced continues to increase, either because of threats or acts of aggression by variouselements. According to the United Nations High Commissioner for Refugees (UNHCR),International Organization for Migration (IOM) and Government sources at the time ofthe publication of this report, the number of displaced persons since the Samarra attackon 22 February 2006 exceeded 450,000. This includes approximately 27,000 individualsdisplaced in the Al-Anbar Governorate alone, as a result of recent military operations.These totals, added to previous displacements from pre-Samarra events, bring the totalnumber of displaced persons in Iraq to over 1.6 million people. With the approachingwinter, there are increasing concerns about the well-being and basic rights of thedisplaced, especially women, children, the disabled and the elderly.36.UNHCR estimates that an additional 1.6 million people have become refugeesoutside the country since 2003, of which between 500,000 and 700,000 people arecurrently in Jordan; approximately 600,000 in Syria, and about 100,000 in Saudi Arabiaand Kuwait. A total of 436,000 of Iraqis have moved to Europe, Americas, Africa andAsia. Every day approximately 2,000 Iraqis flee the country to Syria and 1,000 toJordan. The United Nations agencies and their partners continue to provide food, shelterand non-food items to as many displaced Iraqis as resources permit. However, theresources available are not sufficient to adequately address the growing humanitariancrisis faced by Iraqis displaced within and outside of the country.37.In order to address the overall human security situation in Iraq, my EmergencyRelief Coordinator convened a series of meetings with donors to raise awareness andpromote an integrated approach that would address the immediate and long-term needs ofIraqi civilians. In this regard, I encourage the international community to identify
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additional means for supporting United Nations agencies in their work with displacedIraqis. In all instances, the United Nations will continue to actively assist all displacedpersons and affected host communities and prepare for all likely scenarios by developingcontingency plans.E.Human rights activities
38.Although the Government of Iraq has resolved to promote the protection ofhuman rights and the rule of law, human rights violations continue to rise. Abusescontinue to be committed by terrorists, insurgents, militias and criminal armed groups.The excessive use of force by the Multinational Force and the Iraqi Security Forces inresponding to these elements is also a matter of concern. Ongoing military operationsalso continue to challenge the principles of international humanitarian law as civiliancasualties mount and access to public services by the affected populations is limited orobstructed. The sectarian carnage has resulted in a vicious cycle of violence fuelled byrevenge killings. The end result is an environment of lawlessness and insecurity.39.I remain particularly concerned by the abhorrent bombings and other attacksinflicting death and injury on civilians, as well as the kidnappings and murder of scoresof people by death squads, allegedly operating in collusion with law enforcementagencies. According to the Ministry of Health, the number of civilians violently killed inthe country was 3,345 in September and 3,709 in October, compared to 3,590 in July and3,009 in August. The number of wounded reached 3,481 in September and 3,944 inOctober. In Baghdad the total number of civilians violently killed in September andOctober was 4,984 alone.40.Estimates by apparently reputable sources of the number Iraqis killed over lastthree and a half years are truly shocking in their conclusions and indicate the possibilityof a humanitarian and human rights catastrophe in Iraq. Previous reporting by the IraqiBody Count estimated that approximately 50,000 civilians have been killed since March2003. However recent estimates put the human toll of the conflict much higher thanpreviously thought. On 9 November 2006, the Minister of Health of Iraq estimated that150,000 civilians have been killed while a study by the Johns Hopkins Bloomberg Schoolof Public Health published in the October issue of The Lancet Journal estimated that601,027 excess violent deaths have occurred in Iraq since March 2003. While questionson the methodology contained in the Johns Hopkins study have been raised by,inter aliathe Iraq Body Count, it nonetheless represents a serious attempt to quantify the loss oflife in Iraq during this period.41.The UNAMI Human Rights Office continues to work closely with Iraqiinstitutions, including the Higher Judicial Council, the Ministry of Human Rights and theMinistry of Justice, among others, in order to strengthen the rule of law and create astrong and effective national human rights protection system. A draft law on theestablishment of a National Human Rights Commission, prepared by the Human RightsCommittee of the Council of Representatives during the previous period has yet to beapproved. Thirty leading parliamentarians who participated in a workshop, jointlyorganized by the Office of the High Commissioner for Human Rights (OHCHR) and8
UNAMI in Amman on 17-18 October 2006, stressed the urgency for the Council ofRepresentatives to enact this law to establish this important independent commission.42.On 5 November 2006, the Iraqi Higher Criminal Tribunal (IHCT) sentencedformer President Saddam Hussein and two other co-defendants to death for their role inthe 1984 execution of 148 people convicted of involvement in the attempted assassinationof the former President in Dujail. On the same day, the United Nations HighCommissioner for Human Rights, Ms. Louise Arbour, issued a statement urging the Iraqiauthorities to ensure that the right of appeal of persons convicted and sentenced by theTribunal would be fully respected. The High Commissioner also expressed the hope thatthe Government would observe a moratorium on executions.43.I am also concerned about the targeting of various professional and minoritygroups inside Iraq. An increasing number of journalists and media workers areapparently targeted specifically because of their work, putting the right to freedom ofexpression under threat. Minorities continue to be targeted, and attacks against Christianshave intensified since September. Members of the Sabean-Mandean community andother minority groups report continuous suffering at the hands of extremists. In addition,the situation of women has deteriorated further and an increasing number were recordedto be either victims of religious extremists or of “honour killings.” The targeting ofacademics, including teachers and professors, as well as students, is seriously disruptingthe education system, and has forced some to leave the country.44.Significant progress in defending human rights will be difficult unless theprofessionalism and discipline of the country’s law enforcement agencies are enhanced.The lack of proper training, standing orders and internal accountability systems continueto undermine respect for human rights and have consequentially eroded publicconfidence in Iraqi security forces. Perpetrators of criminal activities remain unpunisheddue to the shortage and intimidation of judges, prosecutors and court officials.Additionally, living conditions in prisons do not meet minimum international standards,and although there have been some reports of improvement regarding the treatment ofprisoners, the UNAMI Human Rights Office continues to receive reports of torture andother inhuman and degrading treatment of detainees, especially amongst juveniles. I amalso concerned about reports of police and militias colluding to abduct people to extractbribes from their families. In this regard, I welcome the decision of the Ministry ofInterior to intensify the screening of police officers and commence more stringent vettingmeasures, including the suspension of police officers involved in abductions, themistreatment of detainees and assassinations.45.According to the Ministry of Human Rights, the total number of detainees for theentire country was 29,256 (13,571 of whom are in MNF-I detention facilities) at the endof October, a slight decrease from the 30,104 detainees reported in September. In spite ofongoing efforts to release detainees and bring them under the jurisdiction of the Ministryof Justice, I remain troubled by the continued detention of thousands of Iraqis which, inthe absence of speedy judicial oversight, amounts to de facto arbitrary detention.
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46.More than one year after the discovery of a secret detention facility in Al Jadiriya,I would like to reiterate the call made by the United Nations High Commissioner forHuman Rights and my Special Representative for the immediate release of the report onthe Government’s investigation of this case. This issue notwithstanding, I take note ofthe action recently announced by the Minister of Interior with respect to human rightsviolations committed by officials of the Ministry at the detention centre known as Site 4.Prosecution of those responsible is necessary in order to combat the prevailing impunityand will act as a deterrent against further violations.47.Vibrant and independent non-governmental organizations are critical componentsof a democracy based on the rule of law and respect for human rights. However, theactivities and freedoms of civil society organizations operating in Iraq could be curtailedif a law recently drafted by the Iraq Ministry of Civil Society Affairs is passed by theCouncil of Representatives. Therefore, I am hopeful that the legislation being consideredwill ultimately conform to international standards and best practices.48.On 6 September 2006, twenty-seven individuals – including one woman – wereexecuted in Baghdad for murder, kidnapping and terrorism-related charges. Officially,since the reinstatement of the death penalty in 2004, more than 150 individuals havereceived death sentences, 51 of whom have already been executed. My SpecialRepresentative expressed his concern over these death sentences to the Iraqi Presidencyand called for moratorium. I urge the Government of Iraq to abolish capital punishmentand implement a moratorium on death sentences.49.Discussions on the future of the de-Baathification process in Iraq continuedduring the reporting period. It is important that this process embraces the principle ofindividual responsibility as opposed to collective punishment. At the same time, acomprehensive general amnesty currently being considered as part of the PrimeMinister’s Reconciliation Plan is a possible means to promote peace and reconciliation.Draft legislation has yet to be circulated, although it is expected that amnesty in Iraq willprimarily benefit individuals currently in detention, mostly those who have neither beencharged nor convicted, as well as individual members of the insurgency, militias andother armed groups who renounce violence and, consistent with international standards,have not been responsible for war crimes, crimes against humanity or genocide. Whilerecognizing the need for amnesty, I firmly believe this should not prejudice the victims’rights to truth and reparations.
IV.
International Reconstruction Fund Facility for Iraq
50.As of 31 October 2006, the total contributions to the United NationsDevelopment Group (UNDG) Iraq Trust Fund, one of the two funds of the InternationalReconstruction Fund Facility for Iraq (IRFFI), equalled $1.116 billion. A total of 104projects valued at $869 million were approved as at the end of October 2006 for fundingunder the UNDG Iraq Trust Fund. Continuing the significant progress inimplementation, contracts worth cumulatively $664 million (76 per cent of approved
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funding) have been initiated and $558 million (64 per cent of approved funding) havebeen disbursed.51.On 10 November 2006 the Fourth Consolidated Six-Month report of theAdministrative Agent on UNDG Iraq Trust Fund progress was submitted to donors. Thereport, which covers the period from 1 January to 30 June 2006 (with an informal updateto end of September 2006) highlights UNDG ITF progress as a whole focusing onprogramme implementation in the areas of governance and basic services. The reportbuilds on the three official reports issued to date in May 2005, November 2005 and May2006. Although overall progress on governance was less than expected reflecting, interalia, delays in the establishment of the Constitutional Review Committee, further strongprogress was made in delivering basic services. This included ten quick impact projectsin basic services, namely education, health, water and sanitation, which were discussed atthe July 2005 IRFFI Donor Meeting, and have virtually been completed. This has lead tothe rehabilitation of 262 schools, 192 primary health centres, and 160 water andsanitation systems. Thanks to these projects, polio and cholera have been kept undercontrol. Expenditures under the UNDG ITF rose during the reporting period by $90.5million to a total of almost $600 million.52.IRFFI will continue to be a valuable tool under the International Compact andwill continue to provide rapid response to basic services and needs. The details of thealignment of IRFFI to the Compact are being negotiated between the Government of Iraq,the Chair of the IRFFI Donor Committee, the World Bank and the United Nations.
VA.
Security and operational issuesAssessment of the security situation
53.The level of violence in Iraq remains elevated with casualty levels amongstcivilians at their highest since March 2006. The violence is characterized by a conflictthat is increasingly sectarian in nature, a continuing insurgency, and violence byextremist groups, some affiliated with al-Qaeda in Iraq. Intra-communal violence is alsoon the rise, with clashes reported between some Sunni tribes and among Shia groups inthe south of Iraq.54.Baghdad remains the focus of armed activity as well as efforts by the Governmentof Iraq and Multinational Force to reduce the violence. By the end of October violentincidents in the city had increased 22% over the previous month. This trend wasconsistent with the spike in violence experienced during the holy month of Ramadan inthe previous two years.55.In areas near Baghdad, the insurgency remains potent and since September therehas been a marked increase in a number of significant attacks against Iraqi SecurityForces, as well as the Multinational Forces. In particular, the International Zone remainsa target for armed groups from across the spectrum. The primary means of attack isindirect fire from the surrounding areas. During October there was a direct rocket strike
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on a concrete car shelter in the UNAMI compound. The incident occurred in the lateevening and there were no casualties. Checkpoints leading into the International Zonealso remain subject to sporadic attacks.56.During the period under review, the situation in north-western and north-centralparts of Iraq, such as the governorates of Ta’mim, Mosul and Diyala was increasinglyvolatile. In the West, Al-Anbar governorate continues to witness heavy fighting involvingtribal, Al-Qaeda, and armed groups. The situation in southern governorates remainedtense. From 19 to 21 October 2006, the predominantly Shiite town of Ammara waswitness to violent clashes between rival militias seeking to establish control over the city.Incident rates are rising in the governorates of Qadissiya, Maysan, Wassit, Karbala andBabil. In northern Iraq, the security situation varies in intensity and character. In the farnorth, violence is mostly concentrated in Mosul, with Erbil remaining relatively peaceful.57.Basra has witnessed a high number of incidents since August and appears to be inturmoil. The fragile political balance in the governorate council is challenged on thestreet by a nexus of informal groups associated with smuggling and criminal activities.The Basra Palace Compound and other MNF-I centres are the primary targets. Indirectfire is a constant threat and a frequent occurrence. United Nations staff presence in Basracontinues to be maintained at an absolute minimum with accommodation in hardenedfacilities.58.United Nations international staff in the International Zone continue to beexposed to a medium level of risk. Staff numbers are continuously reviewed andmonitored to ensure that they are kept at acceptable levels. Nevertheless, the risk tonational staff remains very high due to the rampant violence afflicting Baghdad. Theyare at risk of abduction, serious physical injury and death, particularly as they enter andexit the International Zone.59.The deteriorating security situation in Iraq has put severe constraints on theOrganization’s ability to carry out its activities. UNAMI continues to work to adjust itsoperating procedures to respond to these changing conditions and to promote effectiveMission operations that are compatible with the security environment. Although thereappears to be greater Iraqi and international support for a more active UN role, shouldthere be a further deterioration of the security situation, the viability of maintaining asignificant UN presence in Iraq might be called into question. There can be no tolerancefor exposing UN personnel to unacceptable risk.B.Facilities, logistics and support
60.Following UNAMI’s relocation from the Al-Rasheed Hotel to a new compound inthe International Zone on 22 August 2006, preparations have begun to construct overheadprotection for the two-thirds of the compound which lacks such protection. Thecompound will serve as an interim accommodation facility until UNAMI’s long-term andintegrated site is completed. This site, allocated for United Nations use by the
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Government of Iraq, has now undergone site clearance and technical surveys, anddevelopment plans are now complete.61.In Erbil, staff members are accommodated in the new Area Office. Improvementsto the compound continue in keeping with the surrounding environment. In Basra, thework on the new premises of the United Nations Liaison Detachment (UNLD) has beencompleted and UN staff still in Basra are currently accommodated in these facilities. AUNAMI administrative team recently visited Basra to finalise the improvement ofhardened accommodation should the full complement of the UNLD return to Basra.62.The Government of Japan and the United Nations have finalized arrangements forthe provision of a dedicated weekly flight for UNAMI and a once a week flight is nowsuccessfully operational. The Government of Denmark has also offered to provide adedicated aircraft to UNAMI and a specialised fact finding team continues to meet withUNAMI to finalise the requirements for its deployment. I remain grateful to theGovernments of Japan and Denmark for their air support to the Mission, which greatlyenhances the ability of the Mission to conduct its work.63.In this regard, I am very grateful to a number of Member States for theircontinued support in providing protection and logistical support to UNAMI. In particular,I would like to thank the Government of Fiji for providing UNAMI with personalsecurity details and guard units, and the Governments of Georgia, the Republic of Koreaand Romania for providing “middle-ring” protection. In 2004, in accordance withSecurity Council Resolution 1546 (2004), a trust fund was established to support adistinct entity under the unified command of the Multinational Force with a dedicatedmission to provide security for the United Nations presence in Iraq. Since itsestablishment, the fund has received over $20 million in contributions from 16 MemberStates. However, after three years of payments, the funds will likely be exhausted byMarch 2007. I therefore call upon Members States to continue to support this Trust Fundwith a new financial commitment.C.Agreements
64.The Status-of-Mission Agreement (SOMA) between the United Nations and theGovernment of Iraq was signed on 3 June 2005, but will only enter into force followingformal ratification by the Council of Representatives. However, despite severalapproaches made by the United Nations, confirmation from the Government of Iraqremains pending. The United Nations has been advised by the Office of the PrimeMinster that the matter has been presented to the Council of Representatives for theiraction. I urge the Government of Iraq to expedite the ratification of the SOMA and issuethe required official confirmation note. Once entered into force, the SOMA will accordto UNAMI the required legal status under customary international law to fulfil itsmandated tasks.65.Negotiations have continued between UNAMI and the Multinational Forceregarding the supplemental arrangements under the Agreement between the United
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Nations and the Government of the United States concluded on 8 December 2005governing UNAMI’s security. At present, two of three components of the subordinatearrangements are near completion. While I note the constructive spirit with which thesediscussions have been held, I call for the process to be expedited and for the earlyfinalization of these arrangements, which will form a core aspect of continued securitysupport for the presence of the United Nations in Iraq.Observations66.In my last report, I stated that Iraq was at an important crossroads and that theIraqi people and their leaders faced a fundamental choice between taking the high road tonegotiation and compromise or descending further into fratricidal sectarian conflict.Three months onwards, the situation in Iraq has further deteriorated in many parts of thecountry with a significant rise in sectarian violence, insurgent and terrorist attacks, aswell as criminal activities. The growing militia activities have lead to furtherdestabilization. Across many parts of the country, an increasing number of Iraqis havebeen affected by growing violence and insecurity. High levels of civilian casualties anddisplacement on a daily basis are breeding an increasing sense of insecurity and deeppessimism among Iraqis. The prospects of all-out civil war and even a regional conflicthave become much more real. Therefore, the challenge is not only to contain and defusethe current violence, but also to prevent its escalation.67.Although the figures on civilian casualties since March 2003 vary between50,000 and 600,000 depending on the sources, the real issue is the predicament of theIraqi people. The deteriorating security situation has continued to adversely impact onthe human rights and humanitarian situations, as well as overall standards of living. Thelarge number of casualties is having a much wider social impact than immediate death orinjury. Fatal incidents invariably produce widows, orphans and female-headedhouseholds who must bear the burden of lost breadwinners and broken families. This isbecoming a permanent disabling factor for human development and greatly adds to theburden of reliable access to proper health care, social services, education, employmentand economic opportunities, which remain largely absent in Iraq today.68.While I note the efforts of the Government of Iraq to improve security andpromote national reconciliation, it must undertake an urgent review of strategies, policiesand measures with the aim of implementing a consensus-based action plan to halt andreverse current political and security trends in the country, which needs to be supportedby a much broader and inclusive regional and international effort. In this effort, theGovernment faces three overarching challenges:-First, it needs to develop a fully inclusive political process that is focused onbringing all disenfranchised and marginalized communities into the politicalmainstream. While this will require hard political choices, the Government mustensure equitable access to political power, the institutions of the State and itsnatural resources by all Iraqi communities. This will require,inter alia,anapproach to resource-sharing that is guided by the broader national interest rather
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than the interests of particular constituencies. Only when all Iraqi constituencieshave a real stake in the future of the country, will Iraq be on a path towardsgreater stability and prosperity.-Second, the Government must establish a monopoly over the use of force throughthe instruments of security and law enforcement within the framework of the ruleof law. This will require addressing the terrorist, insurgency, sectarian andcriminal violence, and will have to include dealing with the problem of militiasinside Iraq’s communities, as well as the removal of militia elements from allministries and Iraqi Security Forces.Third, there is a need to cultivate a regional environment which is supportive ofIraq’s transition. The Government has a special responsibility to normalize itsrelations with its neighbours, which in turn requires the neighbours to worktowards fostering greater stability and security in Iraq.
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69.To meet these challenges, the Government must now be fully empowered todeliver concrete results on all fronts – security, political, economic and human rights.The limited impact of existing policies has demonstrated that there is an urgent need fornew approaches at the national, regional and international levels.70.At the national level, the constitutional review process which has just begun andis supported by the United Nations offers a real opportunity for all Iraqi communities toreach a broad consensus on the fundamental issues that continue to divide them. Itherefore once again urge Iraqi leaders and key international actors to demonstrate theircommitment and make this review a top priority. Other important initiatives, such as keypieces of new legislation, including the law on the formation of regions and thehydrocarbon law, should satisfy the legitimate interests of all Iraqi communities, andthereby provide a firm basis for national reconciliation. In addition, there is a particularneed to promote confidence-building measures between communities in potentialflashpoint areas, such as Kirkuk. The United Nations stands ready to assist in this effort.Increased efforts are also needed to review the de-Baathification process and to pass anamnesty law without prejudice to the victims’ rights to truth and reparation.71.At the regional level, there is an increasing realization that a worsening conflict inIraq would have implications not only for cross-border security, but that it could alsoaggravate a range of underlying tensions in neighbouring countries. I have for some timenow been urging Iraq’s neighbours to contribute in a tangible manner to the stabilizationof Iraq, which would also beneficial to their own security. I welcome the ongoingdialogue between Iraq and its neighbours through periodic meetings of regional ForeignMinisters and Interior Ministers, in which my Special Representative regularlyparticipates. However, in light of the deteriorating situation in Iraq and its potentiallygrave regional implications, it may be necessary to consider more creative ways forfostering regional dialogue and understanding, which could result in concrete confidence-building measures between Iraq and its neighbours. This process could be broadened to
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include the permanent members of the Security Council. The United Nations is preparedto explore the possibilities of such a process in consultation with all concerned.72.At the international level, the International Compact with Iraq supported by theUnited Nations and the international community provides an important framework formobilizing national, regional and international actors in support of Iraq’s transition.However, the Compact can only become a genuine partnership if it is based on aconsensus on the way forward shared by all the major stakeholders inside Iraq. Itssuccess will ultimately depend on the ability of the Government of Iraq and theinternational community to deliver on their mutual commitments. Achieving tangibleprogress during the first six months of its implementation will therefore be critical.73.There is an urgent need to promote convergence at the national, regional andinternational levels to stabilize the situation in Iraq. In this regard, as I have publiclystated recently, beyond the measures mentioned above, it may be worthwhile to considera larger framework for fostering dialogue and understanding at all three levels. Drawingon the positive experiences of the United Nations in other parts of the world, such as theBonn peace accords for Afghanistan, it may be worthwhile to consider an arrangementthat could bring Iraqi political parties together, possibly outside Iraq, with the UnitedNations playing a facilitating role. This would also require the active engagement ofregional countries and the international community. The recent positive experience ofthe International Compact with Iraq in which national, regional and international actorshave been engaged, demonstrates that the political will for such a process can beeffectively mobilized.74.During the ten years of my tenure as Secretary-General, Iraq has been one of thebiggest challenges for the Organization. Certainly one of the darkest moments in mycareer was the bombing of the UN compound on 19 August 2003, in which the UnitedNations lost 22 friends and colleagues, including the head of the mission, Mr. SergioVieira de Mello. This tragedy serves as a constant reminder of both the importance ofremaining vigilant with respect to staff security, and the need for the United Nations tocontinue its work in Iraq. Despite the loss of United Nations staff, and bearing in mindthe limits of what the United Nations can do under the prevailing circumstances, theOrganization has remained steadfast in its support for the people of Iraq who havesuffered so much.75.Based on its mandate under resolution 1546 (2004), the United Nations has beenimplementing its tasks “as circumstances permit”, while continuously assessing to whatextent the Organization is able to implement these tasks in the light of the verychallenging security environment, as well as its limited capacity. This assessment hasenabled the United Nations to maximize its impact and to prioritise its tasks with a focuson its core political, electoral and constitutional activities under paragraph 7(a) of itsmandate under resolution 1546 (2004). Due to the security situation, activities in theareas of reconstruction, development, human rights and rule of law under paragraph 7(b)of its mandate have remained limited and have continued to be carried out mainly fromoutside Iraq. However, I am pleased that over the last six months, the United Nations has
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been able to play a lead role in the development of the International Compact whichprovides a tangible long-term framework for the reconstruction and development of thecountry.76.I would like to reiterate my appreciation to Member States, from both within andoutside the Multinational Force, who have supported the United Nations in Iraq, byproviding military advisers, guard forces, as well as movement and aviation support.Despite efforts to increase our own security and logistical support, the United Nationswill remain dependent of the support of the Multinational Force for the foreseeable futuredue to the complex security situation. In addition, if there is a further deterioration of thesecurity situation, maintaining a UN presence in Iraq might be called into question.77.I also wish take this opportunity to thank my Special Representative for Iraq,Mr. Ashraf Jehangir Qazi, for his outstanding leadership and the Mission’s national andinternational staff, as well as the personnel of United Nations agencies, programmes andfunds, for their dedicated work in fulfilling their mandated tasks under extremely difficultconditions.
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