June 4, 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 authority by a fully sovereign Interim Government of Iraq by 30 June 2004,
Recalling all its previous relevant resolutions on Iraq,
Reaffirming the independence, sovereignty, unity and territorial integrity of Iraq,
Reaffirming the right of the Iraqi people freely to determine their own political future and control their own natural resources,
Recognising the importance of international support, particularly that of countries in the region, Iraq's neighbours and regional organisations, for the people of Iraq in their efforts to achieve security and prosperity,
Welcoming the ongoing efforts of the Special Adviser to the Secretary General to assist the people of Iraq in achieving the formation of a sovereign Interim Government of Iraq,
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,
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, respect for human 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 15 August 2003, and affirming that the United Nations should play a leading role in assisting the Iraqi people in the formation of institutions for representative government,
Recognising that international support for restoration of stability and security is essential to the well-being of the people of Iraq as well as to the ability of all concerned 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 May 2003 and resolution 1511 (2003) of 16 October 2003,
Recalling the report provided to the Security Council on 16 Apri1 2004 under resolution 1511 (2003) on the efforts and progress made by the multinational force authorised under that resolution,
Recognising the request of the incoming Interim Government of Iraq [as conveyed XX] to retain the presence of the multinational force,
Recognising also the importance of the consent of the sovereign government of Iraq for the presence of the multinational force and of close co-ordination between the multinational force and that government,
Welcoming the willingness of the multinational force to continue efforts to contribute 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 UN presence in Iraq, as further described in the letter to the President of the Security Council on XX XX 2004,
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 co-operate with relevant international organisations,
Affirming the importance of international assistance in reconstruction and development of the Iraqi economy,
Recognising the benefits to Iraq of the immunities and privileges enjoyed by the 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,
Sovereign Iraqi Government
Acting under Chapter VII of the Charter of the United Nations, 1. Endorses the formation of a sovereign Interim Government of Iraq as presented on 1 June 2004, which will assume full responsibility and authority by 30 June 2004 for governing Iraq while refraining from taking any actions affecting Iraq's destiny beyond the limited interim period, until an elected Transitional Government of Iraq assumes office as envisaged in paragraph three below;
2. Welcomes that, also by that date, the occupation will end and the Coalition Provisional Authority will cease to exist and that full sovereignty will have been restored to Iraq;
3. Endorses the proposed timetable for Iraq's political transition to democratic government including:
(a) formation of a sovereign Interim Government of Iraq that will assume governing responsibility and authority by 30 June 2004;4. Calls on all Iraqis to implement these arrangement peaceably and in full, and on all States and relevant organisations to support such implementation;(b) convening of a national conference reflecting the diversity of Iraqi society; and
(c) holding of direct democratic elections by 31 December 2004 if possible, and in no case later than 31 January 2005, to a Transitional National Assembly which will, inter alia, have responsibility for forming a Transitional Government of Iraq and drafting a permanent constitution for Iraq leading to a constitutionally elected government by 31 December 2005;
5. Decides that in implementing, as circumstances permit, their mandate to assist the Iraqi people, the Special Representative of the Secretary General and the United Nations Assistance Mission for Iraq (Unami), as requested by the Interim Government of Iraq and its successors, shall:
(a) play a leading role to:Military Control
(i) assist in the convening, during the month of July 2004, of a national conference to select a Consultative Council;(b) and also:
(ii) advise and support 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;
(i) advise the Interim Government of Iraq in the development of effective civil and social services;
(ii) contribute to the co-ordination 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 role of law in Iraq; and
(iv) advise and assist the Interim Government of Iraq on initial planning for the eventual conduct of a comprehensive census;
6. Welcomes efforts by the incoming Interim Government of Iraq to develop Iraqi security forces, which will operate under the authority of the Interim Government of Iraq and its successors, and which will progressively play a greater role and ultimately assume responsibility for the maintenance of security and stability in Iraq;
7. Notes that the presence of the multinational force in Iraq is at the request of the incoming Interim Government of Iraq and therefore reaffirms the authorisation for the multinational force under unified command established under resolution 1511 (2003), having regard to the letter referred to in preambular paragraph XX above;
8. Decides that the multinational force shall have the authority to take all necessary measures to contribute to the maintenance of security and stability in Iraq including by preventing and deterring terrorism, so that inter alia the United Nations can fulfil its role in assisting the Iraqi people as outlined in paragraph five above and the Iraqi people can implement freely and without intimidation the timetable and programme for the political process and benefit from reconstruction and rehabilitation activities;
9. Welcomes that arrangements are being put in place to establish a partnership between the multinational force and the sovereign Interim Government of Iraq and to ensure co-ordination between the two;
10. Decides further that this mandate for the multinational force shall be reviewed at the request of the Transitional Government of Iraq or twelve months from the date of this resolution, and that this mandate shall expire upon the completion of the political process set out in paragraph three above and declares that it will terminate this mandate earlier if requested by the sovereign Government of Iraq;
11. Notes the creation of a distinct entity under unified command of the multinational force with a dedicated mission to provide security for the UN presence in Iraq, and requests Member States and relevant organisations to provide resources to support that entity;
12. Recognises that the multinational force will also assist in building the capability of the Iraqi security forces and institutions, through a programme of recruitment, training, equipping, mentoring and monitoring;
13. Requests Member States and international and regional security organisations to contribute assistance to the multinational force, including military forces, to help meet the needs of the Iraqi people for security and stability, humanitarian and reconstruction assistance, and to support the efforts of Unami;
14. Emphasises the importance of effective Iraqi police, border enforcement and 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 organisations to assist the Interim Government of Iraq in building the capability of these Iraqi institutions;
15. Condemns all acts of terrorism in Iraq, reaffirms the obligation of Member States under resolutions 1373 (2001), 1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003), and 1526 (2004) and other relevant international obligations with respect, inter alia, to terrorist activities in Iraq or against its citizens, and specifically reiterates its call upon Member States to prevent the transit of terrorists to and from Iraq, arms for terrorists and financing that would support terrorists, and re-emphasises the importance of strengthening the co-operation of the countries of the region, particularly neighbours or Iraq, in this regard;
16. Welcomes efforts by Member States to respond in support of requests by the Interim Government of Iraq to provide technical and expert assistance, while Iraq is rebuilding administrative capacity;
17. Recognises that the Interim Government of Iraq will assume the primary role in co-ordinating international assistance to Iraq;
18. 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 multinational force or the sovereign government of Iraq to serve the purposes of this resolution, stresses the importance for all states to abide strictly by them and notes the significance of Iraq's neighbours in this regard, and calls upon the multinational force and the sovereign government of Iraq each to ensure appropriate implementation procedures are in place;
19. Notes that nothing in the preceding paragraph affects the prohibitions on or obligations of States related to items specified in paragraphs 8 and 12 or resolution 687 (1991) or 3 April 1991 or activities described in paragraph 3(f) of resolution 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;
20. Reiterates its request that Member States, international financial institutions and other organisations 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 co-ordinated programme of donor assistance;
21. Calls on Member States and international organisations to assist the efforts of the government of Iraq to integrate Iraqi veterans and former militia members into Iraqi society;
Oil Revenues
22. Notes that upon dissolution of the Coalition Provisional Authority the funds in the Development Fund for Iraq shall be disbursed solely at the direction of the Interim Government of Iraq and its successors, and decides that the Development Fund for Iraq shall be utilised in a transparent manner and through the Iraqi budget including to satisfy outstanding obligations against the Development Fund for Iraq, that the arrangements 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 referred to in resolution 1483 (2003) shall continue its activities in monitoring the Development Fund for Iraq and shall include as an additional full voting member a duly qualified representative of the sovereign government of Iraq, and that appropriate arrangements shall be made for the continuation of deposits of the proceeds referred to in paragraph 21 of resolution 1483 (2003);
23. Decides further that the provisions in the above paragraph for the deposit of proceeds into the DFI and for the role of the IAMB shall be reviewed at the request of the Transitional Government of Iraq or twelve months from the date of this resolution, and shall expire upon the completion of the political process set out in paragraph three above;
24. Decides that, in connection with the dissolution of the Coalition Provisional Authority, the Interim Government of Iraq and its successors shall assume the rights, responsibilities and obligations relating to the Oil for Food Programme that were transferred to the Authority pursuant to Resolution 1483 (2003), including all operational responsibility for the Programme and any obligations undertaken by the Authority in connection with such responsibility, and responsibility for ensuring independently authenticated 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 for certifying delivery of goods under contracts prioritised in accordance with that resolution, and that such certification shall be deemed to constitute the independent authentication required for the release of funds associated with such contracts, consulting as appropriate to ensure the smooth implementation of these arrangements;
25. Further decides that the provisions of paragraph 22 of resolution 1483 (2003) shall continue to apply, except that the privileges and immunities provided in that paragraph shall not apply with respect to any final judgement arising out of a contractual obligation entered into by Iraq after 30 June 2004;
23. Welcomes the commitments of many creditors, including those of the Paris Club, to identify ways to reduce substantially Iraq's sovereign debt, calls on Member States, as well as international and regional organisations, to support the Iraq reconstruction effort, urges the international financial institutions and bilateral donors to take the immediate steps necessary to provide their full range of loans and other financial assistance and arrangements to Iraq, recognises that the Interim Government of Iraq will have the authority to conclude and implement such agreements and other arrangements as may be necessary in this regard, and requests creditors, institutions and donors to work as a priority on these matters with the Interim Government of Iraq and its successors;
27. Recalls the continuing obligations of Member States to freeze and transfer certain funds, assets and economic resources to the Development Fund for Iraq in accordance with paragraphs 19 and 23 of resolution 1483 (2003) and with resolution 1518 (2003) of 24 November 2003;
(Paragraph deleted) Calls upon all Member States to take appropriate steps within their respective legal systems to stay for a period of 12 months from 30 June 2004 all legal and other similar proceedings before their courts or other tribunals involving claims by or against the State of Iraq, its Government, or any of its agencies or instrumentalities, including its State-owned enterprises or similar bodies;
28. Requests the Secretary General to report to the Security Council within three months from the date of this resolution on Unami operations in Iraq, and on a quarterly basis thereafter on the progress made toward national elections and fulfilment of all Unami's responsibilities;
29. Requests that the United States, on behalf of the multinational force, report to the Security Council within three months from the date of this resolution on the efforts and progress of this force and on a quarterly basis thereafter;
28. Decides to remain actively seized of the matter.
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