Αποφάσεις - Ανακοινώσεις — ΦΕΚ A' 158/2004

Endorses the formation of a sovereign Interim Gov?ernment 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 four below;

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

Reaffirms the right of the Iraqi people freely to deter?mine their own political future and to exercise full authority and control over their financial and natural resources;

Endorses the proposed timetable for Iraq's political transition to democratic government including: (a) formation of the sovereign Interim Government of Iraq that will assume governing responsibility and authority by 30 June 2004; (b) convening of a national conference reflecting the di?versity of Iraqi society; and (c) holding of direct democratic elections by 31 Decem?ber 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 Govern?ment of Iraq and drafting a permanent constitution for Iraq leading to a constitutionally elected government by 31 De?cember 2005;

Invites the Government of Iraq to consider how the convening of an international meeting could support the above process, and notes that it would welcome such a meeting to support the Iraqi political transition and Iraqi re?covery, to the benefit of the Iraqi people and in the interest of stability in the region;

Calls on all Iraqis to implement these arrangements peaceably and in full, and on all States and relevant orga?nizations to support such implementation;

Decides that in implementing, as circumstances per?mit, their mandate to assist the Iraqi people and govern?ment, the Special Representative of the Secretary-General and the United Nations Assistance Mission for Iraq (UNA?MI), 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 Com?mission 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 and social services; (ii) contribute to the coordination and delivery of recon?struction, development, and humanitarian assistance; (iii) promote the protection of human rights, national rec?onciliation, and judicial and legal reform in order to strengthen the rule of law in Iraq; and (iv) advise and assist the Government of Iraq on initial planning for the eventual conduct of a comprehensive cen?sus;

Welcomes ongoing efforts by the incoming Interim Government of Iraq to develop Iraqi security forces includ?ing the Iraqi armed forces (hereinafter referred to as «Iraqi security forces»), operating under the authority of the In?terim Government of Iraq and its successors, which will progressively play a greater role and ultimately assume full responsibility for the maintenance of security and stability in Iraq;

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 authorization for the multinational force under unified command established under resolution 1511 (2003), having regard to the letters annexed to this resolution;

Decides that the multinational force shall have the au?thority to take all necessary measures to contribute to the maintenance of security and stability in Iraq in accordance with the letters annexed to this resolution expressing, inter alia, the Iraqi request for the continued presence of the multinational force and setting out its tasks, 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 seven above and the Iraqi people can implement freely and without intimidation the time?table and programme for the political process and benefit from reconstruction and rehabilitation activities;

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 al?so in this regard that Iraqi security forces are responsible to appropriate Iraqi ministers, that the Government of Iraq has authority to commit Iraqi security forces to the multi?national force to engage in operations with it, and that the security structures described in the letters will serve as the fora for the Government of Iraq and the multinational force to reach agreement on the full range of fundamental se?curity and policy issues, including policy on sensitive of?5438 ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) 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 four above, and declares that it will terminate this mandate earlier if re?quested by the Government of Iraq;

Notes the intention, set out in the annexed letter from the United States Secretary of State, to create a distinct en?tity under unified command of the multinational force with a dedicated mission to provide security for the United Nations presence in Iraq, recognizes that the implemen?tation 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, includ?ing contributions to that entity;

Recognizes that the multinational force will also as?sist in building the capability of the Iraqi security forces and institutions, through a programme of recruitment, training, equipping, mentoring, and monitoring;

Requests Member States and international and re?gional organizations to contribute assistance to the multi?national force, including military forces, as agreed with the Government of Iraq, to help meet the needs of the Iraqi people for security and stability, humanitarian and recon?struction assistance, and to support the efforts of UNAMI;

Emphasizes the importance of developing effective Iraqi police, border enforcement, and the Facilities Protec?tion 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;

Condemns all acts of terrorism in Iraq, reaffirms the obligations of Member States under resolutions 1373 (2001) of 28 September 2001, 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1390 (2002) of 16 January 2002, 1455 (2003) of 17 January 2003, and 1526 (2004) of 30 January 2004, and other relevant internation?al obligations with respect, inter alia, to terrorist activities in and from Iraq or against its citizens, and specifically reiter?ates 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-emphasizes the im?portance of strengthening the cooperation of the countries of the region, particularly neighbours of Iraq, in this regard;

Recognizes that the Interim Government of Iraq will assume the primary role in coordinating international as?sistance to Iraq;

Welcomes efforts by Member States and internation?al 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;

Reiterates its request that Member States, inter?national financial institutions and other organizations strengthen their efforts to assist the people of Iraq in the re?construction and development of the Iraqi economy, in?cluding by providing international experts and necessary resources through a coordinated programme of donor as?sistance;

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 re?quired by the Government of Iraq or the multinational force to serve the purposes of this resolution, stresses the im?portance for all States to abide strictly by them, and notes the significance of Iraq's neighbours in this regard, and calls upon the Government of Iraq and the multinational force each to ensure that appropriate implementation pro?cedures are in place;

Notes that nothing in the preceding paragraph affec?ts the prohibitions on or obligations of States related to items specified in paragraphs 8 and 12 of resolution 687 (1991) of 3 April 1991 or activities described in paragraph 3 (f) of resolution 707 (1991) of 15 August 1991, and reaf?firms its intention to revisit the mandates of the United Nations Monitoring, Verification, and Inspection Commis?sion and the International Atomic Energy Agency;

Calls on Member States and international organi?zations to respond to Iraqi requests to assist Iraqi efforts to integrate Iraqi veterans and former militia members into Iraqi society;

Notes that, upon dissolution of the Coalition Provi?sional Authority, the funds in the Development Fund for Iraq shall be disbursed solely at the direction of the Gov?ernment of Iraq, and decides that the Development Fund for Iraq shall be utilized in a transparent and equitable man?ner and through the Iraqi budget including to satisfy out?standing 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 Ad?visory and Monitoring Board shall continue its activities in monitoring the Development Fund for Iraq and shall in?clude as an additional full voting member a duly qualified individual designated by the Government of Iraq and that appropriate arrangements shall be made for the continu?ation of deposits of the proceeds referred to in paragraph 21 of resolution 1483 (2003);

Decides further that the provisions in the above para?graph for the deposit of 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 months from the date of this resolution, and shall expire upon the completion of the political process set out in paragraph four above;

Decides that, in connection with the dissolution of the Coalition Provisional Authority, the Interim Government of Iraq and its successors shall assume the rights, responsi?bilities and obligations relating to the Oil-for-Food Pro?gramme that were transferred to the Authority, including all operational responsibility for the Programme and any obli?gations undertaken by the Authority in connection with such responsibility, and responsibility for ensuring inde?pendently authenticated confirmation that goods have been delivered, and further decides that, following a 120day transition period from the date of adoption of this res?olution, the Interim Government of Iraq and its successors shall assume responsibility for certifying delivery of goods ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) 5439