Iraq: On whose behalf?

AMNESTY INTERNATIONAL
PRESS RELEASE

AI Index: MDE 14/172/2003 (Public)
News Service No: 242
22 October 2003

Iraq: On whose behalf?
Reconstruction must ensure the human rights of Iraqis

On the eve of the International Donors' Conference for the reconstruction
of Iraq, to be held on October 23 and 24, 2003 in Madrid, Spain, Amnesty
International called upon its participants to make the protection and
fulfillment of human rights of Iraqi citizens their uppermost criterion,
and to ensure greater transparency in the reconstruction process.

"Projects should prioritize Iraqis' human rights: including their
right to personal security, health, education, work and the reform of the
judicial system," said Amnesty International.

"The goal of reconstruction should be to ensure the effective
protection and realization of all human rights for all Iraqis. Iraqis
themselves, ideally through representative institutions, ought to make the
decisions on rebuilding, on foreign investment, and on the selling of state
assets."

In assessing Iraq's needs, the donor countries will be guided by the
Joint Iraq Needs Assessment (JINA), which contains a macroeconomic analysis
of reconstruction and rehabilitation needs, and the most urgent
requirements, in 14 key sectors in Iraq. The assessment calls for resources
amounting to US$36 billion in the medium term, of which US$9 billion are
needed for 2004. Known pledges, however, amount to only about $5 billion to
$6 billion at the moment. The JINA also notes the importance of addressing
human rights issues in Iraq, and of involving Iraqis in the reconstruction
process.

The reconstruction process in Iraq is guided by the United Nations
Security Council Resolution 1483, which obliges the occupying powers to
"promote the welfare of the Iraqi people," and to disburse funds for
reconstruction for purposes "benefiting the people of Iraq". The Resolution
calls for the creation of a Development Fund for Iraq (DFI), at present
under US control, to be overseen by an International Advisory and
Monitoring Board (IAMB) which will include members from international
financial institutions, such as the World Bank, the International Monetary
Fund, the UN, and the Arab Fund for Social and Economic Development. The
IAMB is required to ensure that disbursements from the Fund are used "in a
transparent manner".

"Yet, nearly five months after Resolution 1483 was passed, the
International Advisory and Monitoring Board had not been yet set up. This
was a regrettable failure of the Coalition Provisional Authority (CPA)
which is only now, on the eve of the Donors' Conference, being remedied",
said Amnesty International. Although the IAMB will not itself report to the
Security Council, the UN Secretary General should report to the Security
Council on its activities. A further important step towards accountability
would be making IAMB reports public, as promised in the draft terms of
reference.

The need for greater accountability is clear. For instance, Security
Council Resolution 1483 underlines that "the Development Fund for Iraq
(DFI) shall be used in a transparent manner," for purposes "benefiting the
people of Iraq" and that "all export sales of petroleum, petroleum
products and natural gas from Iraq ... shall be made consistent with
prevailing international market best practices". The U.S. Government has
since passed an Executive Order (EO) 13303 which can exempt U.S. companies
or individuals from international or domestic civil or criminal
prosecution, if they have done any business involving Iraqi oil. This
shields individuals and businesses beyond anything related to the sale of
oil, and goes beyond the limited immunity granted in dealing in petroleum
products by Resolution 1483. Nor is there any cutoff date.

"While transparency and accountability are always important," said
AI, "they are especialy important in the context of Iraq." A lack of
transparency, and any perception of corruption in the awarding of major
contracts, will undermine support for the rule of law. Iraq has had a long
enough tradition of opaque governance, a point noted by the JINA. In order
to build an Iraqi society where the rule of law is paramount, and access to
justice is not denied, nor arbitrary, the effective and meaningful consent
of Iraqis in the development process is necessary.

The IAMB which, when established, will be authorized to monitor
transparency in the use of oil revenues from Iraq, should scrutinize the
award of contracts, particularly in the petroleum sector, to ensure that
they are awarded in a transparent, fair and open process, free of
corruption or tied aid, and bearing in mind the needs of the Iraqi people.

Moreover, some of the contracts are awarded to build Iraq's soft
infrastructure -- its school systems, judicial reform, policing, and so on.
These matters touch on Iraqi's fundamental rights -- they have the highest
stake, and the right to participate. They cannot do so effectively or
meaningfully, if information is kept from them, or if the tendering process
is restricted.

For a full copy of the report Iraq: On whose behalf? please go to:
http://web.amnesty.org/library/index/engmde141282003

(local copy [208 KB] (pdf-document)

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Iraq: On whose behalf? Reconstruction must ensure the human rights of Iraqis

Pressemitteilung der Londoner Zentrale zur
der morgen in Madrid beginnenden Irak-Geberkonferenz.

Nina Tesenfitz
Presse- und Öffentlichkeitsarbeit
amnesty international
Sektion der Bundesrepublik Deutschland e.V.

visit: http://www.amnesty.de

amnesty international. Für die Menschenrechte.

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