Security Council resolution 1134 (1997) [on Iraq's continued refusal to allow access to sites designated by the UN Special Commission]
[Demand that Iraq allow unconditional and unrestricted access to sites designated by the UN Special Commission (UNSCOM)]
Symbol: S/RES/1134(1997)
Date: 1997-10-23
Status: adopted
Agenda: S/52 [120] IRAQ-KUWAIT SITUATION
Subjects: UN Special Commission|Charter of the United Nations (1945). Chapter VII|ON-SITE INSPECTION|NUCLEAR FACILITIES|SANCTIONS|CIVIL SERVANTS|TRAVEL RESTRICTIONS|IRAQ|STAFF SECURITY
Votes in favour: 10
Votes against: 0
Abstentions: 5
Voting record:
country: CHILE
vote: yes
country: CHINA
vote: abstention
country: COSTA RICA
vote: yes
country: EGYPT
vote: abstention
country: FRANCE
vote: abstention
country: GUINEA-BISSAU
vote: yes
country: JAPAN
vote: yes
country: KENYA
vote: abstention
country: POLAND
vote: yes
country: PORTUGAL
vote: yes
country: REPUBLIC OF KOREA
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SWEDEN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

UNITED
NATIONS                                                                        S
                 Security Council
                                                               Distr.
                                                               GENERAL

                                                               S/RES/1134 (1997)
                                                               23 October 1997




                              RESOLUTION 1134 (1997)

               Adopted by the Security Council at its 3826th meeting,
                                 on 23 October 1997


     The Security Council,

     Recalling all its previous relevant resolutions, and in particular its
resolutions 687 (1991) of 3 April 1991, 707 (1991) of 15 August 1991, 715 (1991)
of 11 October 1991, 1060 (1996) of 12 June 1996, and 1115 (1997) of
21 June 1997,

     Having considered the report of the Executive Chairman of the Special
Commission dated 6 October 1997 (S/1997/774),

     Expressing grave concern at the report of additional incidents since the
adoption of resolution 1115 (1997) in which access by the Special Commission
inspection teams to sites in Iraq designated for inspection by the Commission
was again denied by the Iraqi authorities,

     Stressing the unacceptability of any attempts by Iraq to deny access to
such sites,

     Taking note of the progress nevertheless achieved by the Special
Commission, as set out in the report of the Executive Chairman, towards the
elimination of Iraq's programme of weapons of mass destruction,

     Reaffirming its determination to ensure full compliance by Iraq with all
its obligations under all previous relevant resolutions and reiterating its
demand that Iraq allow immediate, unconditional and unrestricted access to the
Special Commission to any site which the Commission wishes to inspect, and in
particular allow the Special Commission and its inspection teams to conduct both
fixed wing and helicopter flights throughout Iraq for all relevant purposes
including inspection, surveillance, aerial surveys, transportation and logistics
without interferences of any kind and upon such terms and conditions as may be
determined by the Special Commission, and to make use of their own aircraft and
such airfields in Iraq as they may determine are most appropriate for the work
of the Commission,


97-28387 (E)                                                                   /...

S/RES/1134 (1997)
Page 2



     Recalling that resolution 1115 (1997) expresses the Council's firm
intention, unless the Special Commission has advised the Council that Iraq is in
substantial compliance with paragraphs 2 and 3 of that resolution, to impose
additional measures on those categories of Iraqi officials responsible for the
non-compliance,

     Reiterating the commitment of all Member States to the sovereignty,
territorial integrity and political independence of Kuwait and Iraq,

     Acting under Chapter VII of the Charter of the United Nations,

     1.   Condemns the repeated refusal of the Iraqi authorities, as detailed in
the report of the Executive Chairman of the Special Commission, to allow access
to sites designated by the Special Commission, and especially Iraqi actions
endangering the safety of Special Commission personnel, the removal and
destruction of documents of interest to the Special Commission and interference
with the freedom of movement of Special Commission personnel;

     2.   Decides that such refusals to cooperate constitute a flagrant
violation of Security Council resolutions 687 (1991), 707 (1991), 715 (1991) and
1060 (1996), and notes that the Special Commission in the report of the
Executive Chairman was unable to advise that Iraq was in substantial compliance
with paragraphs 2 and 3 of resolution 1115 (1997);

     3.   Demands that Iraq cooperate fully with the Special Commission in
accordance with the relevant resolutions, which constitute the governing
standard of Iraqi compliance;

     4.   Demands in particular that Iraq without delay allow the Special
Commission inspection teams immediate, unconditional and unrestricted access to
any and all areas, facilities, equipment, records and means of transportation
which they wish to inspect in accordance with the mandate of the Special
Commission, as well as to officials and other persons under the authority of the
Iraqi Government whom the Special Commission wishes to interview so that the
Special Commission may fully discharge its mandate;

     5.   Requests the Chairman of the Special Commission to include in all
future consolidated progress reports prepared under resolution 1051 (1996) an
annex evaluating Iraq's compliance with paragraphs 2 and 3 of resolution
1115 (1997);

     6.   Expresses the firm intention - if the Special Commission reports that
Iraq is not in compliance with paragraphs 2 and 3 of resolution 1115 (1997) or
if the Special Commission does not advise the Council in the report of the
Executive Chairman due on 11 April 1998 that Iraq is in compliance with
paragraphs 2 and 3 of resolution 1115 (1997) - to adopt measures which would
oblige all States to prevent without delay the entry into or transit through
their territories of all Iraqi officials and members of the Iraqi armed forces
who are responsible for or participate in instances of non-compliance with
paragraphs 2 and 3 of resolution 1115 (1997), provided that the entry of a
person into a particular State on a specified date may be authorized by the
Committee established by resolution 661 (1990), and provided that nothing in
this paragraph shall oblige a State to refuse entry into its own territory to

                                                                             /...

                                                              S/RES/1134 (1997)
                                                              Page 3



its own nationals or persons carrying out bona fide diplomatic assignments or
missions;

     7.   Decides further, on the basis of all incidents related to the
implementation of paragraphs 2 and 3 of resolution 1115 (1997), to begin to
designate, in consultation with the Special Commission, individuals whose entry
or transit would be prevented upon implementation of the measures set out in
paragraph 6 above;

     8.   Decides not to conduct the reviews provided for in paragraphs 21
and 28 of resolution 687 (1991) until after the next consolidated progress
report of the Special Commission, due on 11 April 1998, after which those
reviews will resume in accordance with resolution 687 (1991), beginning on
26 April 1998;

     9.   Reaffirms its full support for the authority of the Special Commission
under its Executive Chairman to ensure the implementation of its mandate under
the relevant resolutions of the Council;

     10.   Decides to remain seized of the matter.


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