Repertoire of the Practice of the Security Council, 2004-2007 the presidential elections. Although the term of the though, on whether the formation of the Government current president expired without elections being should occur before or after the elections. The Under- conducted on time because of political fighting, at the Secretary-General called for an open and genuine end of December there seemed to be an agreement on dialogue among the parties.317 the candidature of General Michel Suleiman. __________________ Disagreement between Lebanese factions remained, 317 See S/PV.5746, S/PV.5767, S/PV.5788 and S/PV.5815. 35. Items relating to Iraq A. The situation between Iraq and Kuwait police stations, religious gatherings, schools, infrastructure, Coalition partners, non-governmental Decision of 24 March 2004 (4930th meeting): organizations and the United Nations. Although statement by the President information from Saddam Hussein after he was captured on 13 December 2003 in Tikrit had enabled the 1 At its 4914th meeting, on 24 February 2004, the Coalition forces to disrupt insurgent activities, attacks Security Council heard briefings by the representatives against multinational force troops as well as Iraqi 2 of the United Kingdom and the United States civilians had increased in the past two months. regarding the situation in Iraq, following which all Nevertheless, the determination of the Iraqi people to Council members made statements. assume primary responsibility for their own security The representative of the United States highlighted remained undeterred. Thus, the number of Iraqis in the the ongoing work by the Governing Council of Iraq to Civil Defence Corps, armed forces, border police and put in place a transitional administrative law defining immigration and Customs services continued to grow basic tenets for the future transitional Government of significantly. Iraq, as well as fundamental protections for civil, He noted that while Iraqis themselves were on the religious and political liberties for every Iraqi, forefront in stabilizing Iraq, troops deployed from applicable during the time of transition to full 35 countries participating in the multinational force democracy and until a permanent constitution came were already supporting the Iraqi people, and other into force. He noted the different and significant countries had taken political decisions as to deploying challenges, in particular the continued climate of forces on the ground in Iraq. insecurity throughout the country, and the need for humanitarian and economic assistance to Iraq. Echoing The representative noted that the Coalition the statement of the President of the United States that Provisional Authority continued to support a process of the United Nations had a vital role to play in Iraq, both consultations and elections to enable Iraqis to elect before and after the transition of authority to the Iraqis representatives reflecting the make-up and character of in July, he welcomed the active engagement of the their communities. United Nations there, noting that much remained to be He welcomed the report of the United Nations done before 30 June. He informed the Council that fact-finding team, and noted that the mechanism for Saddam Hussein was in custody, and was to undergo governing Iraq between the transfer of sovereignty, trial for crimes committed against the Iraqi people and scheduled for 30 June 2004, and the national elections humanity. remained to be worked out. In its report, dated On security, he said that former regime loyalists, 23 February 2004,3 the United Nations fact-finding foreign fighters and terrorists continued to attack team had concluded that free and fair elections were __________________ not feasible prior to 30 June 2004, and that at least 1 At its 4897th meeting, held in private on 19 January eight months were needed to prepare for elections after 2004, the Council members had a constructive exchange a legal and institutional framework had been of views with the Chairman of the Governing Council of established. The team had concluded that elections Iraq. could be held by the end of 2004, or shortly thereafter. 2 On behalf of the Coalition Provisional Authority in __________________ accordance with resolution 1483 (2003). 3 S/2004/140. 666 11-38196 Chapter VIII. Consideration of questions under the responsibility of the Security Council for the maintenance of international peace and security The report further highlighted that there was consensus salaries, oil production, establishment or rehabilitation among Iraqis that the deadline of 30 June 2004 for the of financial institutions, and efforts to create more jobs transfer of sovereignty to a provisional government for Iraqis. In coordination with the Authority, the Iraqi should be maintained. The resolution of the timing of Ministry of Justice had developed strategies and the election would provide opportunity and space for activities to ensure the establishment or reconstruction Iraqis — both those on the Governing Council and of basic Iraqi criminal justice facilities. The Authority those outside the political process — and the Coalition had continued to support efforts to strengthen civil Provisional Authority to engage in a more focused society and human rights education throughout Iraq. dialogue on the mechanism to which sovereignty The new Iraqi Ministry of Human Rights would play would be transferred on 30 June 2004. an important role in shaping human rights developments in the country. He further stated that the With respect to the “oil-for-food” programme, the Judicial Review Committee had completed its review representative noted that it had been terminated as of every judge and prosecutor in Iraq: membership in from 21 November 2003,4 and that the World Food the Baath party and their complicity in human rights Programme (WFP) was currently assisting the violations or corruption had been checked, with a Coalition Provisional Authority and the Iraqi Ministry resulting overall dismissal rate of 25 per cent.6 of Trade in keeping the public distribution system supplied with food baskets. The Ministry of Trade was All Council members welcomed the conclusions to take full control of all aspects of that programme and recommendations made by the Secretary-General from 1 July 2004. in the report issued following the United Nations fact- finding mission to Iraq.7 Speakers unanimously On the issues of search for and elimination of expressed the need of ensuring a central role for the possible weapons of mass destruction in Iraq, he noted United Nations as an independent and neutral that the Iraq Survey Group had been unable to confirm institution in the ongoing political process, including in some pre-war intelligence assessments by the United the preparations and facilitation of future elections in States and other countries about Iraq’s possible Iraq. Most speakers stressed that Iraqi buy-in to the stockpiles of such weapons, but additional work political process was necessary, and stressed the remained before the question could be completely importance of meeting the date of 30 June for transfer addressed. He further noted that the former head of the of sovereignty to the Iraqis. All Council members Iraq Survey Group had reported the discovery of clear expressed concern over the severe security situation in evidence that the former regime had been hiding the country. ongoing activities relating to weapons of mass destruction from the United Nations Monitoring, The representative of Brazil noted that the fact- Verification and Inspection Commission (UNMOVIC), finding mission, which was originally intended as a and had thus concluded that Iraq was in violation of technical assessment mission on the feasibility of previous Security Council resolutions. He stated that it holding elections before the end of June, had acquired was clear that the former regime had been intent on a dominant political relevance, as indicated by the deceiving, and had continued to deceive, the designation of Lakhdar Brahimi to lead it, by the international community. Furthermore, some document consultations in the Group of Friends of Iraq, and by analysis had been obstructed by the methodical the report of the Secretary-General.8 destruction of documents and computers at some Iraqi The representative of Algeria highlighted the facilities in the immediate post-conflict period. He difficult economic and social situation for Iraqis, and further stated that the Iraq Survey Group would drew attention to the responsibilities of the occupying continue its important work in the country.5 Power under the Fourth Geneva Convention to better The representative of the United Kingdom ensure the protection of the population. He reiterated elaborated on the progress achieved by the Coalition an appeal to end the occupation, and pointed to Provisional Authority in the areas of development, __________________ delivery of basic social services, increase in healthcare 6 Ibid., pp. 5-6. __________________ 7 S/2004/140. 8 4 Pursuant to Security Council resolution 1484 (2003). S/PV.4914, p. 10. 5 S/PV.4914, pp. 2-4. 11-38196 667 Repertoire of the Practice of the Security Council, 2004-2007 promoting human rights as key to ensuring the At its 4930th meeting, on 24 March 2004, the completion of the normalization process.9 Council included in its agenda a letter dated 18 March 2004 addressed to the President of the Security While stressing that without United Nations Council,14 by the Secretary-General, informing the involvement it would be difficult to see a lasting Council that the Governing Council of Iraq had settlement or even an agreement on a political process, requested the United Nations to assist in the formation the representative of the Russian Federation stated that of an interim Government of Iraq, to which sovereignty the United Nations should be ready to offer its would be transferred on 30 June 2004, as well as in the assistance; the form and timing of that assistance preparations for direct elections to be held in January however would be subject to security considerations 2005.