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A last-minute agreement on a US draft seeking an enhanced inspection regime in Iraq was reached on Thursday as the United Nations (UN) Security Council convened its show-hand meeting before the scheduled vote on Friday.
According to a final revised version of the draft obtained by Xinhua on Thursday night, the controversial fourth operative paragraph of the text has been changed from "...further material breach of Iraq's obligations... will be reported to the Council for assessment in accordance with paragraph 11 or 12 below" to "paragraph 11 and 12 below."
The single word change marks the end of the dispute over who can make judgment on "further material breach," a sensitive phrase which may trigger the use of force. France, Russia and China want to make sure that the UN Security Council will be the sole decision maker, while the United States, with the goal for regime change in mind and unwilling to be "handcuffed," preferred deliberate ambiguity.
Paragraph 11 of the text directed "the Executive Chairman of UNMOVIC (UN Monitoring, Verification and Inspection Commission) and the Director General of the IAEA (International Atomic Energy Agency) to report immediately to the Council any interference by Iraq with inspection activities, as well as any failure by Iraq to comply with its disarmament obligations, including its obligations regarding inspections under this resolution"
Paragraph 12 said the council "decides to convene immediately upon receipt of a report in accordance with paragraphs 4 or 11 above."
The word "or" would allow any member state to report a serious violation to the council. The council has to evaluate the threat but it does not necessarily have to authorize a military strike, freeing the United States to make its own decisions.
The change from "or" to "and" makes it clear that both chief inspector's report and the council meeting are necessary conditions for justifying "further material breach."
At the UN headquarters in New York, council members Thursday went through word by word the controversial paragraph that declares Iraq in "further material breach" if Baghdad submits "false statements or omissions" and fails at any time to comply with the resolution-to-be. The White House has interpreted the phrase "material breach" as legal justification for a military strike although some council members wouldn't agree.
Vote on Schedule
Meanwhile, the request by the Syrian Arab Republic to postpone the vote on the US draft till next Monday has been rejected, a diplomat close to the meeting said.
As the only representative of the Arab world in the 15-member council, Syria has requested a delay during earlier council meetings, saying ample time for its capital to study the text would help the council reach a final decision with unity.
The diplomat, who spoke on anonymity and disclosed the request for the delay, did not indicate whether Syria would cast a "yes" vote, an important vote if the council is to reach full consensus on the issue and one which the draft composer had never before counted on.
A minimum of nine votes and no veto is required for the adoption of a resolution by the 15-member Security Council.
The United States on Wednesday presented to the council a revised draft offering a "final opportunity" for Iraq to comply with disarmament obligations. It pushed for a vote within 48 hours and US Ambassador John Negroponte went on to say they "intended to have the resolution put to vote some time during the day on Friday."
Besides offering Iraq a "final opportunity" to comply, seen as a "fire wall" preventing immediate military action after any kind of "material breach" referred to in the text, the newly revised draft also added several lines to please key council members.
It mentioned briefly a comprehensive solution to the Iraq issue, hinting that a suspension of the 12-year-old sanctions against Iraq would follow compliance. It also reaffirmed the "commitment of all Member States to the sovereignty and territorial integrity of Iraq, Kuwait and neighboring States."
(Xinhua News Agency November 8, 2002)
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