Security Council resolution 1472 (2003) [on providing humanitarian assistance to Iraq and resuming of the "Oil-for-food" Programme established under resolution 986 (1995)]
Symbol: S/RES/1472(2003)
Date: 2003-03-28
Status: adopted
Agenda: S/58 [120] IRAQ-KUWAIT SITUATION
Subjects: UN. Oil-for-Food Programme|International Committee of the Red Cross|UN Iraq Account|UN. Office of the Iraq Programme|UN. Security Council Committee Established by Resolution 661 (1990) concerning the Situation between Iraq and Kuwait|Geneva Conventions (1949)|Charter of the United Nations (1945). Chapter VII|HUMANITARIAN ASSISTANCE|EMERGENCY RELIEF|PETROLEUM EXPORTS|AID PROGRAMMES|IRAQ|IRAQ-KUWAIT SITUATION|INTERNATIONAL OBLIGATIONS|CIVILIAN PERSONS|HUMAN RIGHTS IN ARMED CONFLICTS|REFUGEES|DISPLACED PERSONS|EQUIPMENT AND SUPPLIES|GOODS|CONTRACTS|FUNDS|SUPPORT COSTS|SPECIAL ACCOUNTS|COSTS|MEDICAL SUPPLIES|DISTRIBUTION|NON-GOVERNMENTAL ORGANIZATIONS|RELIEF PERSONNEL|STAFF SECURITY|FREEDOM OF MOVEMENT|CONSULTATIONS|REPORT PREPARATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: BULGARIA
vote: yes
country: CAMEROON
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUINEA
vote: yes
country: MEXICO
vote: yes
country: PAKISTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: SYRIAN ARAB REPUBLIC
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1472 (2003)
               Security Council                                                 Distr.: General
                                                                                28 March 2003




               Resolution 1472 (2003)
               Adopted by the Security Council at its 4732nd meeting, on
               28 March 2003

                    The Security Council,
                    Noting that under the provisions of Article 55 of the Fourth Geneva
               Convention (Geneva Convention Relative to the Protection of Civilian Persons in
               Time of War of August 12, 1949), to the fullest extent of the means available to it,
               the Occupying Power has the duty of ensuring the food and medical supplies of the
               population; it should, in particular, bring in the necessary foodstuffs, medical stores
               and other articles if the resources of the occupied territory are inadequate,
                    Convinced of the urgent need to continue to provide humanitarian relief to the
               people of Iraq throughout the country on an equitable basis, and of the need to
               extend such humanitarian relief measures to the people of Iraq who leave the
               country as a result of hostilities,
                     Recalling its previous relevant resolutions, and in particular resolutions 661
               (1990) of 6 August 1990, 986 (1995) of 14 April 1995, 1409 (2002) of 14 May
               2002, and 1454 (2002) of 30 December 2002, as they provide humanitarian relief to
               the people of Iraq,
                     Noting the decision made by the Secretary-General on 17 March 2003 to
               withdraw all United Nations and international staff tasked with the implementation
               of the “Oil-for-Food” Programme (hereinafter “the Programme”) established under
               resolution 986 (1995),
                    Stressing the necessity to make every effort to sustain the operation of the
               present national food basket distribution network,
                    Stressing also the need for consideration of a further reassessment of the
               Programme during and after the emergency phase,
                    Reaffirming the respect for the right of the people of Iraq to determine their
               own political future and to control their own natural resources,
                     Reaffirming the commitment of all Member States to the sovereignty and
               territorial integrity of Iraq,
                    Acting under Chapter VII of the Charter of the United Nations,



03-30209 (E)
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S/RES/1472 (2003)


                     1.   Requests all parties concerned to strictly abide by their obligations under
               international law, in particular the Geneva Conventions and the Hague Regulations,
               including those relating to the essential civilian needs of the people of Iraq, both
               inside and outside Iraq;
                     2.   Calls on the international community also to provide immediate
               humanitarian assistance to the people of Iraq, both inside and outside Iraq in
               consultation with relevant States, and in particular to respond immediately to any
               future humanitarian appeal of the United Nations, and supports the activities of the
               International Committee of the Red Cross and of other international humanitarian
               organizations;
                     3.    Recognizes that additionally, in view of the exceptional circumstances
               prevailing currently in Iraq, on an interim and exceptional basis, technical and
               temporary adjustments should be made to the Programme so as to ensure the
               implementation of the approved funded and non-funded contracts concluded by the
               Government of Iraq for the humanitarian relief of the people of Iraq, including to
               meet the needs of refugees and internally displaced persons, in accordance with this
               resolution;
                    4.   Authorizes the Secretary-General and representatives designated by him
               to undertake as an urgent first step, and with the necessary coordination, the
               following measures:
                    (a) to establish alternative locations, both inside and outside Iraq, in
               consultation with the respective governments, for the delivery, inspection and
               authenticated confirmation of humanitarian supplies and equipment provided under
               the Programme, as well as to re-direct shipments of goods to those locations, as
               necessary;
                    (b) to review, as a matter of urgency, the approved funded and non-funded
               contracts concluded by the Government of Iraq to determine the relative priorities of
               the need for adequate medicine, health supplies, foodstuffs and other materials and
               supplies for essential civilian needs represented in these contracts which can be
               shipped within the period of this mandate, to proceed with these contracts in
               accordance with such priorities;
                     (c) to contact suppliers of these contracts to determine the precise location of
               contracted goods and, when necessary, to require suppliers to delay, accelerate or
               divert shipments;
                    (d) to negotiate and agree on necessary adjustments in the terms or
               conditions of these contracts and their respective letters of credit and to implement
               the measures referred to in paragraph 4 (a), (b) and (c), notwithstanding distribution
               plans approved under the Programme;
                    (e) to negotiate and execute new contracts for essential medical items under
               the Programme and to authorize issuance of the relevant letters of credit,
               notwithstanding approved distribution plans, provided that such items cannot be
               delivered in execution of contracts pursuant to paragraph 4 (b) and subject to the
               approval of the Committee established pursuant to resolution 661 (1990);
                    (f) to transfer unencumbered funds between the accounts created pursuant to
               paragraphs 8 (a) and 8 (b) of resolution 986 (1995) on an exceptional and
               reimbursable basis as necessary to ensure the delivery of essential humanitarian


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supplies to the people of Iraq and to use the funds in the escrow accounts referred to
in paragraphs 8 (a) and (b) of resolution 986 (1995) to implement the Programme as
provided for in this resolution, irrespective of the phase in which such funds entered
the escrow accounts or the phase to which those funds may have been allocated;
      (g) to use, subject to procedures to be decided by the Committee established
by resolution 661 (1990) prior to the end of the period set out in paragraph 10 below
and based on recommendations provided by the Office of the Iraq Programme, funds
deposited in the accounts created pursuant to paragraphs 8 (a) and (b) of resolution
986 (1995), as necessary and appropriate, to compensate suppliers and shippers for
agreed additional shipping, transportation and storage costs incurred as a result of
diverting and delaying shipments as directed by him according to the provisions of
paragraph 4 (a), (b) and (c) in order to perform his functions set out in paragraph 4
(d);
      (h) to meet additional operational and administrative costs resulting from the
implementation of the temporarily modified Programme by the funds in the escrow
account established pursuant to paragraph 8 (d) of resolution 986 (1995) in the same
manner as costs arising from those activities set forth in paragraph 8 (d) of
resolution 986 (1995) in order to perform his functions set out in (d);
      (i) to use funds deposited in the escrow accounts established pursuant to
paragraphs 8 (a) and 8 (b) of resolution 986 (1995) for the purchase of locally
produced goods and to meet the local cost for essential civilian needs which have
been funded in accordance with the provisions of resolution 986 (1995) and related
resolutions, including, where appropriate, the costs of milling, transportation and
other costs necessary to facilitate the delivery of essential humanitarian supplies to
the people of Iraq;
      5.    Expresses its readiness as a second step to authorize the Secretary-General to perform additional functions with the necessary coordination as soon as
the situation permits as activities of the Programme in Iraq resume;
      6.   Expresses further its readiness to consider making additional funds
available, including from the account created pursuant to paragraph 8 (c) of
resolution 986 (1995), on an exceptional and reimbursable basis, to meet further the
humanitarian needs of the people of Iraq;
      7.   Decides that, notwithstanding the provisions of resolution 661 (1990) and
resolution 687 (1991) and for the duration of the present resolution, all applications
outside the Oil-for-Food Programme submitted by the United Nations agencies,
programmes and funds, other international organizations and non-governmental
organizations (NGOs) for distribution or use in Iraq of emergency humanitarian
supplies and equipment, other than medicines, health supplies and foodstuffs, shall
be reviewed by the Committee established pursuant to resolution 661 (1990), under
a 24-hour no-objection procedure;
      8.    Urges all parties concerned, consistent with the Geneva Conventions and
the Hague Regulations, to allow full unimpeded access by international
humanitarian organizations to all people of Iraq in need of assistance and to make
available all necessary facilities for their operations and to promote the safety,
security and freedom of movement of United Nations and associated personnel and
their assets, as well as personnel of humanitarian organizations in Iraq in meeting
such needs;


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S/RES/1472 (2003)


                     9.    Directs the Committee established pursuant to resolution 661 (1990) to
               monitor closely the implementation of the provisions in paragraph 4 above and, in
               that regard, requests the Secretary-General to update the Committee on the measures
               as they are being taken and to consult with the Committee on prioritization of
               contracts for shipments of goods, other than foodstuffs, medicines, health and water
               sanitation related supplies;
                     10. Decides that the provisions contained in paragraph 4 of this resolution
               shall remain in force for a period of 45 days following the date of adoption of this
               resolution and may be subject to further renewal by the Council;
                     11. Requests the Secretary-General to take all measures required for the
               implementation of the present resolution and to report to the Security Council prior
               to the termination of the period defined in paragraph 10;
                    12.   Decides to remain seized of the matter.




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