S/RES/1637 (2005)**
Security Council Distr.: General
11 November 2005
05-59277** (E)
*0559277*
Resolution 1637 (2005)
Adopted by the Security Council at its 5300th meeting,
on 8 November 2005
The Security Council,
Welcoming the beginning of a new phase in Iraq’s transition and looking
forward to the completion of the political transition process as well as to the day
Iraqi forces assume full responsibility for the maintenance of security and stability
in their country, thus allowing the completion of the multinational force mandate,
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 own
political future and control their own natural resources,
Welcoming the commitment of the Transitional Government of Iraq to work
towards a federal, democratic, pluralistic, and unified Iraq, in which there is full
respect for political and human rights,
Calling upon the international community, particularly countries in the region
and Iraq’s neighbours, to support the Iraqi people in their pursuit of peace, stability,
security, democracy, and prosperity, and noting the contribution that the successful
implementation of this resolution will bring to regional stability,
Welcoming the assumption of full governmental authority by the Interim
Government of Iraq on 28 June 2004, the direct democratic elections of the
Transitional National Assembly on 30 January 2005, the drafting of a new
constitution for Iraq and the recent approval of the draft constitution by the people
of Iraq on 15 October 2005,
Noting that the Government of Iraq established as a result of the election
scheduled to take place by 15 December 2005 will play a critical role in continuing
to promote national dialogue and reconciliation and in shaping the democratic future
of Iraq and reaffirming the willingness of the international community to work
closely with the Government of Iraq with respect to efforts to assist the Iraqi people,
** Second reissue for technical reasons.
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Calling upon those who use violence in an attempt to subvert the political
process to lay down their arms and participate in the political process, including in
the election scheduled for 15 December, and encouraging the Government of Iraq to
engage with all those who renounce violence and to promote a political atmosphere
conducive to national reconciliation and political competition through peaceful
democratic means,
Reaffirming that acts of terrorism must not be allowed to disrupt Iraq’s
political and economic transition, and further reaffirming the obligations of Member
States under resolution 1618 (2005) of 4 August 2005 and other relevant resolutions
and international obligations with respect, inter alia, to terrorist activities in and
from Iraq or against its citizens,
Recognizing the request conveyed in the letter of 27 October 2005 from the
Prime Minister of Iraq to the President of the Council, which is annexed to this
resolution, to retain the presence of the multinational force in Iraq, and further
recognizing the importance of 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 to
contribute to the maintenance of security and stability in Iraq, including
participating in the provision of humanitarian and reconstruction assistance, as
described in the letter of 29 October 2005 from the United States Secretary of State
to the President of the Council, which is annexed to this resolution,
Recognizing the tasks and arrangements set out in the letters annexed to
resolution 1546 (2004) of 8 June 2004 and the cooperative implementation by the
Government of Iraq and the multinational force of those arrangements,
Affirming the importance for 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, and welcoming their commitments in this regard,
Recalling the establishment of the United Nations Assistance Mission for Iraq
(UNAMI) on 14 August 2003, underlining the particular importance of UNAMI
assistance for the upcoming election by 15 December 2005 of a government
pursuant to a newly adopted Constitution, and affirming that the United Nations
should continue to play a leading role in assisting the Iraqi people and government
with further political and economic development, including advising and supporting
the Government of Iraq, as well as the Independent Electoral Commission of Iraq,
contributing to coordination and delivery of reconstruction, development and
humanitarian assistance, and promoting the protection of human rights, national
reconciliation, as well as judicial and legal reform in order to strengthen the rule of
law in Iraq,
Recognizing that international support for security and stability is essential to
the well-being of the people of Iraq as well as the ability of all concerned, including
the United Nations, to carry out their work on behalf of the people of Iraq, and
expressing appreciation for Member State contributions in this regard under
resolution 1483 (2003) of 22 May 2003, resolution 1511 (2003) of 16 October 2003
and resolution 1546 (2004),
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Recognizing that the Government of Iraq will continue to have the primary
role in coordinating international assistance to Iraq and reaffirming the importance
of international assistance and development of the Iraqi economy and the
importance of coordinated donor assistance,
Recognizing the significant role of the Development Fund for Iraq and the
International Advisory and Monitoring Board in helping the Government of Iraq to
ensure that Iraq’s resources are being used transparently and equitably for the
benefit of the people of Iraq,
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. Notes that the presence of the multinational force in Iraq is at the request
of the Government of Iraq and, having regard to the letters annexed to this
resolution, reaffirms the authorization for the multinational force as set forth in
resolution 1546 (2004) and decides to extend the mandate of the multinational force
as set forth in that resolution until 31 December 2006;
2. Decides further that the mandate for the multinational force shall be
reviewed at the request of the Government of Iraq or no later than 15 June 2006, and
declares that it will terminate this mandate earlier if requested by the Government
of Iraq;
3. Decides to extend until 31 December 2006 the arrangements established
in paragraph 20 of resolution 1483 (2003) for the depositing into the Development
Fund for Iraq of proceeds from export sales of petroleum, petroleum products, and
natural gas and the arrangements referred to in paragraph 12 of resolution 1483
(2003) and paragraph 24 of resolution 1546 (2004) for the monitoring of the
Development Fund for Iraq by the International Advisory and Monitoring Board;
4. Decides further that the provisions in the above paragraph for the deposit
of proceeds into the Development Fund for Iraq and for the role of the International
Advisory and Monitoring Board shall be reviewed at the request of the Government
of Iraq or no later than 15 June 2006;
5. Requests that the Secretary-General continue to report to the Council on
UNAMI’s operations in Iraq on a quarterly basis;
6. Requests that the United States, on behalf of the multinational force,
continue to report to the Council on the efforts and progress of this force on a
quarterly basis;
7. Decides to remain actively seized of the matter.
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Annex I
Letter dated 27 October 2005 from the Prime Minister
of Iraq addressed to the President of the Security Council
[Original: Arabic]
Sir,
On 15 October 2005 Iraq voted in a general referendum held at the national
level for the purpose of approving a new Constitution for Iraq. The country thus
took another important step towards building a strong democratic future and
establishing a Government elected in accordance with a permanent Constitution. At
the same time, Iraq is approaching the completion of its political transformation
through the process of electing its future legislative authority and forming a new
Government, which is to take place in December 2005. There still remains an
extensive agenda for reconstruction and political development, the realization of
which will require security and stability.
We are proceeding towards political stability and economic prosperity and
taking fundamental steps towards restoring security and stability. Yet Iraq is still
confronted by forces of terrorism that incorporate foreign elements which carry out
horrific attacks and terrorist acts in an attempt to thwart political and economic
development in Iraq. The Iraqi security forces, which are growing in size, capacity
and experience day by day, need more time to fill out their ranks, fully equip
themselves and complete their training with a view to assuming responsibility for all
security matters and providing adequate security for the Iraqi people. Until such
time as the Iraqi security forces assume full responsibility for Iraq’s security, we
need the continued support of the international community, including the
participation of the Multinational Force, in order to establish lasting peace and
security in Iraq. We understand that the Multinational Force is willing to continue its
efforts. We therefore request the Security Council to extend, for a period of 12
months starting 31 December 2005, the mandate of the Multinational Force, as
provided in Council resolution 1546 (2004), including the tasks and arrangements
specified in the letters annexed thereto, with the proviso that the Council shall
review that mandate upon being so requested by the Government of Iraq or at the
end of a period of eight months from the date of the resolution and declare, in the
extension, that it will terminate the mandate before the expiry of that period should
the Government of Iraq so request.
The Government of Iraq believes that the provisions of resolution 1546 (2004)
relating to the deposit of proceeds into the Development Fund for Iraq and the role
of the International Advisory and Monitoring Board will help to ensure that Iraq’s
natural resources are used for the benefit of the Iraqi people. We understand that the
funds deposited in the Development Fund for Iraq belong to Iraq and will continue
to enjoy the immunities and privileges of the Fund, given the importance of those
terms for the Iraqi people during this critical period. We request the Security
Council to extend the validity of those terms for an additional 12 months and to
review them upon being so requested by the Government of Iraq or at the end of a
period of eight months from the date of the resolution.
The Iraqi people are determined to establish for themselves a stable, peaceful
democracy, which will provide the basis for the establishment of a vibrant economy.
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This vision of Iraq’s future can become a reality with the help of the international
community.
It is my understanding that the sponsors intend to have the present letter
annexed to the resolution on Iraq currently being drafted. In the meantime, I should
be grateful if you would have copies of this letter circulated to the members of the
Security Council as soon as possible.
(Signed) Ibrahim Aleshaiker Al-Jaafari
Prime Minister
27 October 2005
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Annex II
Letter dated 29 October 2005 from the Secretary of State
of the United States of America to the President of the
Security Council
Having reviewed the request of the Government of Iraq to extend the mandate
of the Multinational Force (MNF) in Iraq (S/2005/687) and following consultations
with the Government of Iraq, I am writing to confirm, consistent with this request,
that the MNF under unified command stands ready to continue to fulfil its mandate
as set out in Security Council resolution 1546 (2004).
Since the end of the occupation on 28 June 2004, the Government of Iraq and
the MNF have developed an effective and cooperative security partnership to
address the evolving nature of Iraq’s security environment, including the continuing
need to prevent and deter acts of terrorism. This partnership plays a critical role in
the daily efforts to improve security throughout Iraq. In the context of this
partnership, the MNF is prepared to continue to undertake a broad range of tasks to
contribute to the maintenance of security and stability and to ensure force
protection, acting under the authorities set forth in resolution 1546 (2004), including
the tasks and arrangements set out in the letters annexed thereto, and in close
cooperation with the Government of Iraq. The forces that make up the MNF will
remain committed to acting consistently with their obligations under international
law, including the law of armed conflict.
Substantial progress has already been made in helping to build and train the
Iraqi Security Forces (ISF), allowing them to take on increasing security
responsibilities. The Government of Iraq and the MNF are developing a security
plan to set forth the conditions necessary for transfer of security responsibility from
the MNF to the ISF. Conditions permitting, we look forward to notable progress in
the next year. Together, we will build towards the day when the Iraqi forces assume
full responsibility for the maintenance of security and stability in Iraq.
The co-sponsors intend to annex the present letter to the resolution on Iraq
under consideration. In the meantime, I request that you provide copies of the
present letter to members of the Council as quickly as possible.
(Signed) Condoleezza Rice