9 draft states that the UN Monitoring, Verification, and Inspection
Commission (UNMOVIC) staff will be regarded as international civil
servants and are therefore subject to Article 100 of the UN Charter.
This article states that,
1. In the performance
of their duties the Secretary-General and the staff shall not seek
or receive instructions from any government or from any other authority
external to the Organization. They shall refrain from any action which
might reflect on their position as international officials responsible
only to the Organization.
2. Each Member
of the United Nations undertakes to respect the exclusively international
character of the responsibilities of the Secretary-General and the
staff and not to seek to influence them in the discharge of their
26 draft included this language in brackets, which is a common method
used to reflect language that lacks agreement. The November 10 draft
only recognized the need for adherence to article 100 of the UN charter.
9 draft included a requirement that the so-called "work program",
to be drawn up by UNMOVIC and the IAEA, must be approved by the Security
Council. The November 26 draft included bracketed language, which
said that the Council would review the work program. The November
10 draft did not mention the Council in reviewing or approving the
formulation of the work program.
9 draft creates a role for the Security Council in consulting with
the Secretary General on the membership of the College of Commissioners,
which has to provide advice and guidance to UNMOVIC on significant
policy decisions. The November 10 draft said only that the Executive
Chairman of UNMOVIC would consult with the Secretary General on this
9 draft says that UNMOVIC can identify "as necessary" additional sites
to be covered by the OMV system. This phrase in quotes did not exist
in the November 10 draft.
9 draft does not include a phrase which was in the November 10 draft
which stated that UNMOVIC shall take over "such staff as the Executive
Chairman deems necessary" from UNSCOM. This language was also deleted
in the November 26 draft.
26 and December 9 drafts state that UNMOVIC will assume UNSCOM's role
in agreements between the United Nations and Iraq. The November 10
draft did not stipulate this role.
9 draft directs UNMOVIC and the IAEA to draw upon the expertise of
other international organizations in addressing the issue of the export/import
mechanism. The November 26 draft also included this, but the November
10 draft did not.
9 draft and the November 26 draft give the period of suspension of
sanctions as 120 days. The November 10 draft gives this period as
9 draft has bracketed language on how long, after the Security Council
receives reports from UNMOVIC and the IAEA that the reinforced OMV
system is fully operational, until the suspension of import/export
sanctions can occur. This period is identified with bracketed proposals
of 60, 120, or 180 days. The November 26 draft has 120 days as the
only option, also bracketed. The November 10 draft has the time of
Iraqi cooperation as 180 days. This time refers specifically to the
minimum amount of time Iraq must cooperate fully with UNMOVIC and
the IAEA in fulfilling the work program specified in the resolution,
including the key disarmament tasks and compliance with the reinforced
9 draft requests that the Executive Chairman of UNMOVIC report to
the Council through the Secretary General every three months pending
the reports that Iraq has fulfilled its obligations under the work
program. This draft also requests that the Executive Chairman report
when the OMV system is fully operational. The November 26 draft has
the same language. The November 10 draft requests that the Executive
Chairman report directly to the Council, and do so every six months.
9 draft recognizes the need for an "effective, cooperative management
structure" for UNMOVIC. This is different from the November 26 draft
which called for an "effective Board of Management." The November
10 draft was different still in calling for an "effective and collegial
management" of UNMOVIC.
9 draft includes a mechanism for the Council to consider the suspension
of sanctions 12 months from the date of adoption of the resolution,
if Iraq has satisfied the conditions set out for it. This provision
was not included in either the November 26 or the November 10 draft.