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TWN
Info Service on UN Sustainable Development (Feb22/01) Geneva, 10 Feb (Kanaga Raja) – The Governing Council of the UN Compensation Commission (UNCC) held a special session on 9 February where it adopted a decision declaring that the Government of Iraq has fulfilled its international obligations to compensate all claimants awarded compensation by the Commission for losses and damages suffered as a direct result of Iraq’s unlawful invasion of Kuwait in 1990. The UN Compensation Commission was established in Geneva almost 31 years ago, as a subsidiary organ of the UN Security Council under Security Council resolution 687 (1991). It was tasked to process claims and pay compensation for losses and damage suffered as a direct result of Iraq’s unlawful invasion and occupation of Kuwait in 1990-1991. According to a UN press release, the funds to pay compensation were drawn from the UN Compensation Fund which received a percentage of the proceeds generated by the export sales of Iraqi petroleum and petroleum products. This percentage was originally set at 30 per cent and was reduced over the years under various Security Council resolutions and Governing Council decisions. Most recently, it was set at three per cent under Governing Council decision 276 (2017). According to the UN press release, the Governing Council of the UN Compensation Commission held a special session on 9 February, under the Presidency of Ireland, to mark the fulfilment of the Commission’s mandate. Delegations from both Iraq and Kuwait were present and addressed the Council at its opening plenary meeting. At the special session, the Governing Council adopted decision 277 (2022) declaring that the Government of Iraq has fulfilled its international obligations to compensate all claimants awarded compensation by the Commission for losses and damages suffered as a direct result of Iraq’s unlawful invasion of Kuwait. It decided that “effective immediately, the Government of Iraq is no longer required to deposit a percentage of proceeds from export sales of petroleum, petroleum products and natural gas into the Compensation Fund.” The Governing Council requested that the President of the Governing Council present the final report of the Governing Council, as approved by the Governing Council, to the Security Council. The Governing Council invited the Security Council to take the necessary action to note that the mandate of the Commission has been fulfilled and that the Commission will be winding down all activities in 2022. It noted that a final Governing Council session will be required to conclude the remaining matters related to the dissolution of the Commission and the Fund. The Council directed the Secretariat to take the necessary administrative action for the return of any amounts remaining in the Compensation Fund to the Government of Iraq. According to the UN press release, in adopting its decision, the Governing Council recognized and thanked the Government of Iraq for its cooperation with the Commission and its commitment to meeting its obligations under relevant Security Council resolutions and Governing Council decisions, even in the face of extraordinary security and economic challenges. The Council also thanked the Government of Kuwait for its support and cooperation with the Commission. In its decision (S/AC.26/Dec.277) adopted on 9 February 2022, the Governing Council of the UN Compensation Commission noted that following the establishment of the Commission, approximately 2.69 million claims were submitted by more than one hundred Governments and international organizations, seeking a total of approximately US$352.5 billion in compensation. The Governing Council also noted that following the processing of all claims received by the Commission, the Governing Council awarded $52,383,356,715 to 1,543,619 successful claimants. In its decision, the Governing Council further noted that with the final compensation payment of $629,324,488 made on 13 January 2022 to the Government of Kuwait on behalf of the Kuwait Petroleum Corporation, all claims awarded compensation by the Commission have now been paid in full. The Governing Council appreciated the commitment of the Government of Iraq to meeting its obligations under relevant Security Council resolutions and Governing Council decisions and its cooperation over the lifespan of the Commission. The Council also recognized the cooperation of the Government of Kuwait with both the Commission and the Government of Iraq. According to the UN press release, the President of the Governing Council is expected to brief the Security Council on 22 February and present the final report of the Governing Council on the work of the Commission
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