Informal Note on the Press Conference by Mr. Max van der Stoel, Special Rapporteur on the Situation of Human Rights in Iraq

Geneva, 14 April 1998



Drawing attention to three major human rights issues in Iraq, Mr. van der Stoel, Special Rapporteur on the situation of Human Rights in that country, said large scale executions took place in Iraqi prisons at the end of 1997. Responding to the presentation of the Special Rapporteur's report at the Commission on Human Rights, the Iraqi representative did not deny these cases, saying those executed were murderers and thiefs. Mr. van der Stoel pointed to the issue of forced displacements, especially of Kurds and Turkmens, and the ?food-for-oil? dilemma. The present proposal of the Secretary-General to increase oil sales for food purposes to $ 5 billion was met with various reservations from Iraq, which also mentioned it could only pump $ 4 billion worth of oil. Mr. van der Stoel said this lead him to wonder whether Iraq preferred to export oil through other channels so as to buy other goods, not withstanding the sanctions which forbade such exports.

A correspondent asked if the Special Rapporteur had any evidence to prove Iraq was using funds for other purposes. Responding, Mr. van der Stoel recalled that the 'food-for-oil' formula was first put forward in 1991. It took Iraq up to May 1996 to agree on this, by which time a lot of food and medicines could have been sent to the country. Interruptions of oil pumping, pending agreement with the UN, also caused delays. Moreover, it seemed extraordinary that Iraq could not pump $ 5 billion worth of oil. There were indications, that Iraq had, in the past, smuggled oil out of the country to buy goods not aimed at humanitarian purposes. Notwithstanding its food situation, it had used its assets to buy weapons to restore its military strength.

Asked whether he had any estimates of the quantities of oil being smuggled out, Mr. van der Stoel said he could not give a reliable estimate. It seemed to be fairly evident that such traffic was taking place.

A correspondent asked whether the Special Rapporteur would like as much attention to be given to human rights issues as was given to the disarmament issue. Responding, Mr. van der Stoel said he thought there was an urgent need for a drastic improvement of the human rights situation. The suffering of the Iraqi people would continue as long as the human rights problem was not solved. Even if all Iraqis were provided with sufficient food, there remained the fact that every Iraqi who showed the slightest inclination to be critical of the regime was in danger, even in danger of his life. As a result it was extremely important that the international community increase the pressures on Iraq to change its ways.

A correspondent asked whether the Special Rapporteur?s inability to enter Iraq undermined the quality of his work. Would he like to see himself treated as a U.N. weapons inspector, in the sense of getting, not only Iraqi support but also international support? Mr. van der Stoel said the quality of his work was not being undermined but his task was considerably complicated by the fact he had no access to Iraq. Even his idea of having human rights monitors going to Iraq was totally rejected by that country. This idea was consistently supported in resolutions of the General Assembly and the Human Rights Commission. The situation, however, had not gone to the top of the international agenda. Mr. van der Stoel further expressed the hope that more attention be paid by the international community to this very dramatic situation in Iraq.

To a question on the dramatic human rights situation in Iraq, Mr. van der Stoel said there was no separation of powers in Iraq; the Revolution Command Council and more specifically the President had total power over all Iraqis. This led to the establishment of a regime of terror. There was no rule of law at all. Often persons were executed, without even a mock trial. Disappearances and forced displacements was also a problem. Forced displacements currently involved approximately ½ a million people in the course of the last ten years.

Asked whether any change was possible under the present leadership and whether he would like the U.N. Security Council to take a firmer position on human rights, Mr. van der Stoel said he found it difficult to imagine a liberalisation of the regime under the present leadership of Saddam Hussein. Apparently, Saddam Hussein could only feel secure if able to maintain the present regime of terror. Regarding the Security Council, the Special Rapporteur noted there was always a tendency to say human rights was for the Human Rights Commission and not for the Security Council. But frankly I disagree, he added, noting there was a clear relationship between peace and stability on the one hand and human rights on the other. Violations of human rights were also a potential threat to peace in that they caused much discontent and mass fury, which could in itself become a destabilising factor. The Security Council should, and not only in the case of Iraq, realise this.

A correspondent asked whether he supported the creation of an international tribunal and whether Saddam Hussein should be brought before it. Responding Mr. van der Stoel said he could not deny that Saddam Hussein committed acts which had to be considered as the worst acts a responsible head of State could undertake.

Responding to questions on the lifting of sanctions, Mr. van der Stoel said that such an action would not lead to a liberalisation of the regime. If the sanctions were to end tomorrow, the regime would still only feel secure if it maintained its present policy of oppression. The maintenance of the sanctions would not strengthen the regime, he added. At present it was trying to attribute the guilt for the present terrible food and health situation to those States which supported sanctions. It was thus very important to underline the fact that this situation would not have arisen if Iraq had cooperated fully with the United Nations.