Memorandum of Understanding between the United Nations and the Republic of Iraq

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Country/entity: Iraq
United Nations
Region: Middle East and North Africa
Cross-regional
Agreement name: Memorandum of Understanding between the United Nations and the Republic of Iraq
Date: 23 Feb 1998
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Iraq Wars and the Iraqi Insurgency (1989-1990) (2004 - )
In the aftermath of the Iraq-UN conflict following President Saddam Hussein’s invasion of Kuwait in 1989, the UN enforced no-fly zones and set up a monitoring commission of the arms capacity of the Iraqi government. By the late 1990s, Iraqi officials had increased their resistance against the implementation of these programmes. In the aftermath of the 2001 terrorist attacks on New York, the U.S. accused the Iraqi government of having weapons of mass destruction. In 2003, a U.S.-led coalition overthrew the government of Saddam Hussein, but failed to maintain security in the country as ex-Bathist and Islamist groups launched a counter-campaign. Violence reached a peak in 2006 as the conflict took on sectarian traits leading to mass human rights violations by domestic Sunni and Shi’a groups, as well as occupying forces. Despite the failure to stabilize the country, the U.S.-led forces withdrew in December 2011. Since then Iraq has effectively been split into three territories based on ethno-religious identity including the Shi’a in the south, the Kurds in the north, and a Sunni band in the middle, which is currently occupied by the organisation known as the Islamic State (formerly of Iraq and the Levant).
Stage: Implementation/renegotiation
Conflict nature: Inter-group
Peace process: Iraq peace process - first Iraq war
Parties: Iraq, signed for by Tariq Aziz
United Nations, signed for by Kofi Annan
Third parties: -
Description: Iraq confirmed its acceptance of all relevant Security Council resolutions and the commitment of UN Member States to respect the sovereignty and territorial integrity of Iraq was expressed. Iraq undertook to cooperate fully with UNSCOM and the International Atomic Energy Agency and UNSCOM undertook to express its concerns relating to national security, sovereignty and dignity. Special procedures for entries to presidential sites were also agreed and the Secretary General undertook to bring matter of sanctions to full attention of Security-Council members.

Agreement document: IQ_UN_980223_MoU between UN and Iraq.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, 2. The United Nations reiterates the commitment of all Member States to respect the sovereignty and territorial integrity of Iraq.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2, 5. The United Nations and the Government of Iraq further agree that all other areas, facilities, equipment, records and means of transportation shall be subject to UNSCOM procedures hitherto established.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, 6. Noting the progress achieved by UNSCOM invarious disarmament areas, and the need to intensify efforts in order to complete its mandate, the United Nations and the Government of Iraq agree to improve cooperation, and efficiency, effectiveness and transparency of work, so as to enable UNSCOM to report to the Council expeditiously under paragraph 22 of resolution 687 (1991). To achieve this goal, the Government of Iraq and UNSCOM will implement the recommendations directed at them as contained in the report of the emergency session of UNSCOM held on 21 November 1997.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: Party to the agreement
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 1. The Government of Iraq reconfirms its acceptance of all relevant resolutions of the Security Council, including resolutions 687 (199 1) and 715 (1991). The Government of Iraq further reiterates its undertaking to cooperate fully with the United Nations Special Commission (UNSCOM) and the International Atomic Energy Agency (IAEA).

Page 1, 3. The Government of Iraq undertakes to accord to UNSCOM and IAEA immediate ,unconditional and unrestricted access in conformity
with the resolutions referred to in paragraph 1. In the performance of its mandate under the Security Council resolutions, UNSCOM undertakes to respect the legitimate concerns of Iraq relating to national security, sovereignty and dignity.
Enforcement mechanism: 4. Special Commission to be established from UNSCOM and IAEA and senior diplomats appointed by UNSG to inspect the eight Presidential palaces. 7. The lifting of sanctions is obviously of paramount importance to the people and Government of Iraq and the Secretary-General undertook to bring this matter to the full attention of the members of the Security Council.
Related cases: No specific mention.
Source: http://onlinelibrary.wiley.com/doi/10.1111/j.1949-3606.1998.tb00297.x/abstract

Memorandum of Understanding

between

the United Nations and the Republic of Iraq

1. The Government of Iraq reconfirms its acceptance of all relevant

resolutions ofthe Security Council, includingresolutions 687 (1991)

and 715 (1991).

The Governmentoflraqfurtherreiteratesits undertaking

to coopera te fully with the U nited N ations Special Commission

(UNSCOM) and the InternationalAtomic Energy Agency (IAEA).

2. The United Nations reiterates the commitment of all Member

States to respect the sovereignty and territorial integrity oflraq.

3. The Government of Iraq undertakes to accord to UNSCOM and

IAEAimmediate, unconditional and unrestricted access in conformity

with the resolutions referred to in paragraph 1.

In the performance of

its mandate under the Security Councilresolutions, UNSCOM undertakes

to respect the legitimate concerns oflraq relating to national

security, sovereignty and dignity.

4. The United Nations and the Government of Iraq agree that the

following special procedures shall apply to the initial and subsequent

entries far the performance of the tasks mandated at the eight

Presidential Sites in Iraq as defined in the annex to the present

Memorandum:

a) A Special Group shall be established forthis purpose by the

Secretary-Generalinconsultation with the Executive Chairman

of UNSCOM and the Director General of IAEA.

This

Group shall comprise senior diplomats appointed by the

Secretary-General and experts drawn from UNSCOM and

IAEA.

The Group shall be headed by a Commissioner appointed

by the Secretary-General.

b) in carrying out its work, the Special Group shall operate

underthe established procedures ofUNSCOM and IAEA, and

specific detailed procedures w hich will be developed given the

special nature of the Presidential Sites, in accordance with the

relevant resolutions of the Security Council.

c) The report of the Special Group on its activities and findings

shall be submitted by the Executive Chairman of UNSCOM

to the Security Council through the Secretary-General.

5. The United Nations and the Government oflraq further agree that

all other areas, facilities, equipment, records and means oftransportation

shall be subject to UNSCOM procedures hitherto established.

6. Notingthe progress achieved by UNSCOM in various disarmament

areas, and the need to intensify efforts in order to complete its

mandate, the United Nations and the Government of lraq agree to

improve cooperation, and efficiency, effectiveness and transparency of

work, so as to enable UNSCOM to report to the Council expeditiously

under paragraph 22 ofresolution 687(1991).

To achieve this goal, the

Government oflraq and UNSCOM will implement the recommendations

directed at them as contained in the report of the emergency

sessionofUNSCOMheldon21November1997.

7. The lifting of sanctions is obviously of paramount importance to the

people and Governmentoflraq and the Secretary-General undertook

to bringthis matter to the full attention of the members of the Security

Council.

Signed this 23rd day of February 1998 in Baghdad

in two originals in English.

Forthe UnitedNations

Kofi A. Annan

Secretary-General

For the Republic oflraq

TariqAziz

Deputy Prime Minister