United Nations Security Council Resolution 1546 – Situation between Iraq and Kuwait

Resolution 1546 (2004)

The Security Council,

Welcoming the beginning of a new phase in Iraq’s transition to a democratically elected government, and looking forward to the end of the occupation and the assumption of full responsibility and authority by a fully sovereign and independent Interim Government of Iraq by 30 June 2004,

Recalling all of its previous relevant resolutions on Iraq,

Reaffirming the independence, sovereignty, unity, and territorial integrity of Iraq,

Reaffirming also the right of the Iraqi people freely to determine their ownpolitical future and control their own natural resources,

Recognizing the importance of international support, particularly that ofcountries in the region, Iraq’s neighbours, and regional organizations, for the peopleof Iraq in their efforts to achieve security and prosperity, and noting that the successful implementation of this resolution will contribute to regional stability,

Welcoming the efforts of the Special Adviser to the Secretary-General to assist the people of Iraq in achieving the formation of the Interim Government of Iraq, asset out in the letter of the Secretary-General of 7 June 2004 (S/2004/461),

Taking note of the dissolution of the Governing Council of Iraq, and welcoming the progress made in implementing the arrangements for Iraq’s political transition referred to in resolution 1511 (2003) of 16 October 2003,

Welcoming the commitment of the Interim Government of Iraq to work towards a federal, democratic, pluralist, and unified Iraq, in which there is full respect for political and human rights,

Stressing the need for all parties to respect and protect Iraq’s archaeological,historical, cultural, and religious heritage,

Affirming the importance of the rule of law, national reconciliation, respect forhuman rights including the rights of women, fundamental freedoms, and democracy including free and fair elections,

Recalling the establishment of the United Nations Assistance Mission for Iraq(UNAMI) on 14 August 2003, and affirming that the United Nations should play aleading role in assisting the Iraqi people and government in the formation ofinstitutions for representative government,

Recognizing that international support for restoration of stability and securityis essential to the well-being of the people of Iraq as well as to the ability of allconcerned to carry out their work on behalf of the people of Iraq, and welcoming Member State contributions in this regard under resolution 1483 (2003) of 22 May2003 and resolution 1511 (2003),

Recalling the report provided by the United States to the Security Council on16 April 2004 on the efforts and progress made by the multinational force,

Recognizing the request conveyed in the letter of 5 June 2004 from the Prime Minister of the Interim Government of Iraq to the President of the Council, which isannexed to this resolution, to retain the presence of the multinational force,

Recognizing also the importance of the consent of the sovereign Government Of Iraq for the presence of the multinational force and of close coordination between the multinational force and that government,

Welcoming the willingness of the multinational force to continue efforts tocontribute to the maintenance of security and stability in Iraq in support of the political transition, especially for upcoming elections, and to provide security for the United Nations presence in Iraq, as described in the letter of 5 June 2004 from theUnited States Secretary of State to the President of the Council, which is annexed tothis resolution,

Noting the commitment of all forces promoting the maintenance of security and stability in Iraq to act in accordance with international law, including obligations under international humanitarian law, and to cooperate with relevant international organizations,

Affirming the importance of international assistance in reconstruction anddevelopment of the Iraqi economy,

Recognizing the benefits to Iraq of the immunities and privileges enjoyed by Iraqi oil revenues and by the Development Fund for Iraq, and noting the importance of providing for continued disbursements of this fund by the Interim Government of Iraq and its successors upon dissolution of the Coalition Provisional Authority,

Determining that the situation in Iraq continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Endorses the formation of a sovereign Interim Government of Iraq, aspresented on 1 June 2004, which will assume full responsibility and authority by30 June 2004 for governing Iraq while refraining from taking any actions affectingIraq’s destiny beyond the limited interim period until an elected Transitional Government of Iraq assumes office as envisaged in paragraph four below;

2. Welcomes that, also by 30 June 2004, the occupation will end and theCoalition Provisional Authority will cease to exist, and that Iraq will reassert its full sovereignty;

3. Reaffirms the right of the Iraqi people freely to determine their ownpolitical future and to exercise full authority and control over their financial andnatural resources;

4. Endorses the proposed timetable for Iraq’s political transition to democratic government including:

(a) formation of the sovereign Interim Government of Iraq that will assumegoverning responsibility and authority by 30 June 2004;

(b) convening of a national conference reflecting the diversity of Iraqisociety; and

5. Invites the Government of Iraq to consider how the convening of aninternational meeting could support the above process, and notes that it wouldwelcome such a meeting to support the Iraqi political transition and Iraqi recovery,to the benefit of the Iraqi people and in the interest of stability in the region;

6. Calls on all Iraqis to implement these arrangements peaceably and in full,and on all States and relevant organizations to support such implementation;

7. Decides that in implementing, as circumstances permit, their mandate toassist the Iraqi people and government, the Special Representative of the Secretary-General and the United Nations Assistance Mission for Iraq (UNAMI), as requested by the Government of Iraq, shall:

(a) play a leading role to:

(i) assist in the convening, during the month of July 2004, of a national conference to select a Consultative Council;

(ii) advise and support the Independent Electoral Commission of Iraq, as well as the Interim Government of Iraq and the Transitional National Assembly, on the process for holding elections;

(iii) promote national dialogue and consensus-building on the drafting of a national constitution by the people of Iraq;

(b) and also:

(i) advise the Government of Iraq in the development of effective civil andsocial services;

(ii) contribute to the coordination and delivery of reconstruction,development, and humanitarian assistance;

(iii) promote the protection of human rights, national reconciliation, and judicial and legal reform in order to strengthen the rule of law in Iraq; and

8. Welcomes ongoing efforts by the incoming Interim Government of Iraq todevelop Iraqi security forces including the Iraqi armed forces (hereinafter referred toas “Iraqi security forces”), operating under the authority of the Interim Governmentof Iraq and its successors, which will progressively play a greater role andultimately assume full responsibility for the maintenance of security and stability inIraq;

9. Notes that the presence of the multinational force in Iraq is at the requestof the incoming Interim Government of Iraq and therefore reaffirms theauthorization for the multinational force under unified command established underresolution 1511 (2003), having regard to the letters annexed to this resolution;

10. Decides that the multinational force shall have the authority to take allnecessary measures to contribute to the maintenance of security and stability in Iraqin accordance with the letters annexed to this resolution expressing, inter alia, theIraqi request for the continued presence of the multinational force and setting out itstasks, including by preventing and deterring terrorism, so that, inter alia, the UnitedNations can fulfil its role in assisting the Iraqi people as outlined in paragraph sevenabove and the Iraqi people can implement freely and without intimidation thetimetable and programme for the political process and benefit from reconstructionand rehabilitation activities;

11. Welcomes, in this regard, the letters annexed to this resolution stating,inter alia, that arrangements are being put in place to establish a security partnership between the sovereign Government of Iraq and the multinational force and to ensure coordination between the two, and notes also in this regard that Iraqi security forces are responsible to appropriate Iraqi ministers, that the Government of Iraq hasauthority to commit Iraqi security forces to the multinational force to engage inoperations with it, and that the security structures described in the letters will serveas the fora for the Government of Iraq and the multinational force to reachagreement on the full range of fundamental security and policy issues, includingpolicy on sensitive offensive operations, and will ensure full partnership betweenIraqi security forces and the multinational force, through close coordination andconsultation;

12. Decides further that the mandate for the multinational force shall bereviewed at the request of the Government of Iraq or twelve months from the date ofthis resolution, and that this mandate shall expire upon the completion of thepolitical process set out in paragraph four above, and declares that it will terminatethis mandate earlier if requested by the Government of Iraq;

13. Notes the intention, set out in the annexed letter from the United StatesSecretary of State, to create a distinct entity under unified command of themultinational force with a dedicated mission to provide security for the United Nations presence in Iraq, recognizes that the implementation of measures to provide security for staff members of the United Nations system working in Iraq would require significant resources, and calls upon Member States and relevant organizations to provide such resources, including contributions to that entity;

14. Recognizes that the multinational force will also assist in building thecapability of the Iraqi security forces and institutions, through a programme of recruitment, training, equipping, mentoring, and monitoring;

15. Requests Member States and international and regional organizations to contribute assistance to the multinational force, including military forces, as agreedwith the Government of Iraq, to help meet the needs of the Iraqi people for securityand stability, humanitarian and reconstruction assistance, and to support the effortsof UNAMI;

16. Emphasizes the importance of developing effective Iraqi police, border enforcement, and the Facilities Protection Service, under the control of the Interior Ministry of Iraq, and, in the case of the Facilities Protection Service, other Iraqi ministries, for the maintenance of law, order, and security, including combating terrorism, and requests Member States and international organizations to assist the Government of Iraq in building the capability of these Iraqi institutions;

17. Condemns all acts of terrorism in Iraq, reaffirms the obligations ofMember States under resolutions 1373 (2001) of 28 September 2001, 1267 (1999) of15 October 1999, 1333 (2000) of 19 December 2000, 1390 (2002) of 16 January2002, 1455 (2003) of 17 January 2003, and 1526 (2004) of 30 January 2004, andother relevant international obligations with respect, inter alia, to terrorist activitiesin and from Iraq or against its citizens, and specifically reiterates its call uponMember States to prevent the transit of terrorists to and from Iraq, arms forterrorists, and financing that would support terrorists, and re-emphasizes theimportance of strengthening the cooperation of the countries of the region,particularly neighbours of Iraq, in this regard;

18. Recognizes that the Interim Government of Iraq will assume the primary role in coordinating international assistance to Iraq;

19. Welcomes efforts by Member States and international organizations to respond in support of requests by the Interim Government of Iraq to provide technical and expert assistance while Iraq is rebuilding administrative capacity;

20. Reiterates its request that Member States, international financial institutions and other organizations strengthen their efforts to assist the people of Iraq in the reconstruction and development of the Iraqi economy, including by providing international experts and necessary resources through a coordinatedprogramme of donor assistance;

21. Decides that the prohibitions related to the sale or supply to Iraq of arms and related materiel under previous resolutions shall not apply to arms or related materiel required by the Government of Iraq or the multinational force to serve thepurposes of this resolution, stresses the importance for all States to abide strictly bythem, and notes the significance of Iraq’s neighbours in this regard, and calls uponthe Government of Iraq and the multinational force each to ensure that appropriateimplementation procedures are in place;

22. Notes that nothing in the preceding paragraph affects the prohibitions onor obligations of States related to items specified in paragraphs 8 and 12 ofresolution 687 (1991) of 3 April 1991 or activities described in paragraph 3 (f) ofresolution 707 (1991) of 15 August 1991, and reaffirms its intention to revisit the mandates of the United Nations Monitoring, Verification, and Inspection Commission and the International Atomic Energy Agency;

23. Calls on Member States and international organizations to respond toIraqi requests to assist Iraqi efforts to integrate Iraqi veterans and former militiamembers into Iraqi society;

24. Notes that, upon dissolution of the Coalition Provisional Authority, thefunds in the Development Fund for Iraq shall be disbursed solely at the direction ofthe Government of Iraq, and decides that the Development Fund for Iraq shall beutilized in a transparent and equitable manner and through the Iraqi budget includingto satisfy outstanding obligations against the Development Fund for Iraq, that thearrangements for the depositing of proceeds from export sales of petroleum,petroleum products, and natural gas established in paragraph 20 of resolution 1483(2003) shall continue to apply, that the International Advisory and Monitoring Board shall continue its activities in monitoring the Development Fund for Iraq and shallinclude as an additional full voting member a duly qualified individual designated by the Government of Iraq and that appropriate arrangements shall be made for thecontinuation of deposits of the proceeds referred to in paragraph 21 of resolution1483 (2003);

25. Decides further that the provisions in the above paragraph for the depositof proceeds into the Development Fund for Iraq and for the role of the IAMB shall be reviewed at the request of the Transitional Government of Iraq or twelve monthsfrom the date of this resolution, and shall expire upon the completion of the political process set out in paragraph four above;

26. Decides that, in connection with the dissolution of the CoalitionProvisional Authority, the Interim Government of Iraq and its successors shallassume the rights, responsibilities and obligations relating to the Oil-for-FoodProgramme that were transferred to the Authority, including all operational responsibility for the Programme and any obligations undertaken by the Authority inconnection with such responsibility, and responsibility for ensuring independentlyauthenticated confirmation that goods have been delivered, and further decides that,following a 120-day transition period from the date of adoption of this resolution,the Interim Government of Iraq and its successors shall assume responsibility forcertifying delivery of goods under previously prioritized contracts, and that suchcertification shall be deemed to constitute the independent authentication required for the release of funds associated with such contracts, consulting as appropriate toensure the smooth implementation of these arrangements;

27. Further decides that the provisions of paragraph 22 of resolution 1483(2003) shall continue to apply, except that the privileges and immunities provided inthat paragraph shall not apply with respect to any final judgement arising out of acontractual obligation entered into by Iraq after 30 June 2004;

28. Welcomes the commitments of many creditors, including those of theParis Club, to identify ways to reduce substantially Iraq’s sovereign debt, calls onMember States, as well as internationa1 and regional organizations, to support theIraq reconstruction effort, urges the international financial institutions and bilateraldonors to take the immediate steps necessary to provide their full range of loans andother financial assistance and arrangements to Iraq, recognizes that the Interim Government of Iraq will have the authority to conclude and implement suchagreements and other arrangements as may be necessary in this regard, and requestscreditors, institutions and donors to work as a priority on these matters with the Interim Government of Iraq and its successors;

29. Recalls the continuing obligations of Member States to freeze andtransfer certain funds, assets, and economic resources to the Development Fund forIraq in accordance with paragraphs 19 and 23 of resolution 1483 (2003) and withresolution 1518 (2003) of 24 November 2003;

30. Requests the Secretary-General to report to the Council within threemonths from the date of this resolution on UNAMI operations in Iraq, and on aquarterly basis thereafter on the progress made towards national elections andfulfilment of all UNAMI’s responsibilities;

31. Requests that the United States, on behalf of the multinational force,report to the Council within three months from the date of this resolution on theefforts and progress of this force, and on a quarterly basis thereafter;

32. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 4987th meeting, on 8 June 2004.