Wednesday, August 6, 2008

What Iran Said

There have been a lot of articles posted recently about what some spokespeople, who were party to the lynching of Iran in the United Nations Security Council, otherwise known as Resolution 1803, had to say, or are saying. It is difficult to find the statements or even the name, Mohammad Khazaee, of Iran's Permanent Representative to the UN among the press clippings, at least in the United States.

Iran has had plenty of opportunity to comment on the situation post-Resolution 1803, and what I am presenting here are the reports from that meeting, about what Ambassador Khazaee said.
At the outset of the meeting, Iran’s representative said: “Today’s action of some members of the Security Council against Iran’s peaceful nuclear programme, along with the measures taken in this regard in the past, do not meet the minimum standards of legitimacy and legality.” Iran’s nuclear programme had been and would remain absolutely peaceful and in no way posed any threat to international peace and security. It, therefore, did not fall within the Council’s purview. The peaceful nature of his country’s nuclear programme had been confirmed by each and every IAEA report in the past several years.

By resolving the outstanding issues with regard to Iran’s past activities on the one hand, and conducting all its present activities, including the enrichment, under the full and continuous monitoring of the Agency, the country had removed any so-called “concerns” or “ambiguities” with regard to its peaceful nuclear activities in the past and at present, he said.

He said the Council’s behaviour in undermining the credibility and integrity of the Agency would only serve the interests of those who preferred to ignore IAEA, such as the Israeli regime, which, with hundreds of nuclear warheads in its possession, posed the most serious threat to international and regional peace and security. The future security of the world depended on how the United Nations, and especially the Security Council, functioned in a just and impartial manner. In reality, peoples across the globe had now lost their trust in the Council and considered its actions the result of political pressure exerted by a few Powers to advance their own agendas.
SECURITY COUNCIL TIGHTENS RESTRICTIONS ON IRAN’S PROLIFERATION-SENSITIVE NUCLEAR ACTIVITIES, INCREASES VIGILANCE OVER IRANIAN BANKS, HAS STATES INSPECT CARGO
The first paragraph deals with the illegality and illigitimacy of the UN action in a fairly straightforward way. The second paragraph, a statement negating “concerns” or “ambiguities” could be contested. Obviously if Iran expects to reprocess fuel, as they have stated, there is a certain ambiguity inherent in the technology itself. Iran wants to publish and use secondary materials based on Uranium processing for medical and scientific benefit and has stated it is not interested in military use of plutonium or other biproducts. It is the International Atomic Energy Agency's job to verify this, and Iran has shown a willingness to cooperate with that agency. The only damning issue for the IAEA is transparency regarding certain "alleged studies", which Irans says are "forged" or "fabricated".
Iran has not yet agreed to implement all the transparency measures required to clarify this cluster of allegations and questions. Iran has not provided the Agency with all the access to documents and to individuals requested by the Secretariat, nor has Iran provided the substantive explanations required to support its statements.
IAEA Board Report, 26 May 2008
Mohamed ElBaradei, the IAEA director, has chosen here to keep the ball in his court. He has chosen language, that while not blaming Iran, has the effect of increasing the amount of tension between Iran and the IAEA. The reason he has chosen to do this, is because of the claims made on the IAEA by members to investigate certain highly classified activities. At this time it is unknown whether these issues, whether they turn out to be frivolous, fabricated, true or even relevant, will ever be fully exposed by any of the parties.

However the secretness of these documents, in itself, makes them a poor claim to legitimacy by either the Six Nations, or the UN Security Council, which seems to be operating as an international rubber stamp for the 6 core operatives, consisting of the United Kingdom, France, Germany, Russia, China, and the United States, which just joined. They have taken the nickname, "P5+1", which seems to imply that the US retains the right to drop out again if it likes. There is no question that while "negotiating" without the US, the other 5 nations were always primarily acting as agent for the US and one of its allies, Israel, which has weaved between calling for the sanctions against Iran, whom they consider their enemy, calling for the U.S. to attack Iran, and making threats to strategically bomb Iran's facilities themselves. As a result of this campaign, Iranian officials and the United States officials have been involved in a war of words about potential strategies and outcomes projecting the possibility of an all-out military attack on Iran.

Back in February 22, 2008, a letter to the Secretary-General and Council President from the Ambassador Khazaee made the case for an IAEA-only solution to the crisis, quite eloquently.
In it, the Ambassador writes that the latest report of International Atomic Energy Agency (IAEA) Director General of 22 February (GOV/2008/4) declares the full implementation of the work plan concluded between Iran and IAEA in August 2007 (INFCIRC/711) and, thus, resolution and closure of all outstanding issues. The Director General had stressed that “the Agency has been able to conclude that answers provided by Iran, in accordance with the work plan, are consistent with its findings” and “considers those questions no longer outstanding”. The report also clearly attests to the “exclusively peaceful nature of Iran’s nuclear programme”, both in the past and at present.

He writes that the consideration of Iran’s peaceful nuclear programme was imposed on the Council by certain countries out of “mere political motivations and narrow national interests and on the basis of certain pretexts and allegations, which have been totally baseless”. The full implementation of the work plan has eliminated those pretexts and allegations. The current and other reports show that Iran is committed to its international obligations and, at the same time, persistent in pursuing and exercising its legal and inalienable rights.

He further states in his letter that, according to the IAEA report, the Agency had recently received from Iran additional information similar to that which Iran had previously provided, pursuant to the Additional Protocol to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), as well as updated design information. Iran had provided the Agency with access to declared nuclear material and had provided relevant reports. It had also provided access to individuals in response to the Agency’s requests.

It had now become clear, says Iran’s Permanent Representative, that the country’s peaceful nuclear issue should be dealt with by the Agency as the sole pertinent international organization and that safeguards implementation in Iran had to be “in a routine manner from now on”. Further, “the Security Council should avoid inflicting more damage to the credibility and authority of IAEA, as well as its own credibility, by persisting in further illegal and illogical engagement and actions pursued by few countries,” he writes.
SECURITY COUNCIL TIGHTENS RESTRICTIONS
And finally, here is Ambassador Khazaee's closing statement at the meeting, probably the most eloquent of all:
MOHAMMAD KHAZAEE ( Iran) said: “Today’s action of some members of the Security Council against Iran’s peaceful nuclear programme, along with the measures taken in this regard in the past, do not meet the minimum standards of legitimacy and legality.” Iran’s peaceful nuclear programme had been brought to the Council in violation of the [International Atomic Energy Agency’s] statute; Iran had not violated the Non-Proliferation Treaty’s Comprehensive Safeguards Agreement. It had signed the Additional Protocol in 2003 and had begun its voluntary implementation, which it was not supposed to have begun implementing prior to 2003. In addition, Iran was only obliged to inform IAEA 180 days prior to feeding nuclear material into facilities, but it had informed the Agency about the uranium conversion facility four years prior to its operation in 2004, and also four years before Iran had been obliged to do so.

He said Iran’s nuclear programme had been, and would remain, absolutely peaceful, and in no way posed any threat to international peace and security. It, therefore, did not fall within the Council’s purview. The peaceful nature of his country’s nuclear programme had been confirmed by each and every IAEA report in the past several years. On the basis of ideological and strategic grounds, Iran categorically rejected the development, stockpiling and use of nuclear weapons, as well as of all other weapons of mass destruction, and it was a leader in international efforts to oppose such weapons. The IAEA Director General had stressed in various statements that “the Agency does not have any data or evidence indicating that Iran is trying to develop nuclear weapons” and that there was “no evidence Iran’s enrichment of uranium is intended for a military nuclear programme”.

The outstanding issues were now resolved and closed, he stressed. The co-sponsors of today’s resolution had argued in the past that the Council should be involved due to unresolved outstanding questions. However, Iran had concluded a work plan with IAEA in August 2007 to address and resolve the outstanding issues. The conclusion of the work plan had been described as “a significant step forward” by the Director General. The co-sponsors of today’s resolution had spared no efforts to hamper its successful implementation. The Agency’s 22 February report, however, had “clearly declared the resolution and closure of all outstanding issues”. The Director General had said after the report’s release, “we managed to clarify all the remaining outstanding issues, including the most important issue, which is the scope and nature of Iran’s enrichment programme”.

By resolving the outstanding issues with regard to Iran’s past activities on the one hand, and conducting all its present activities, including the enrichment, under the full and continuous monitoring of IAEA, the country had removed any so-called “concerns” or “ambiguities” with regard to its peaceful nuclear activities in the past and at present, Mr. Khazaee said. Those who had resorted to a systematic and relentless campaign of false claims, propaganda, intimidation and pressure aimed at IAEA had prompted one of its senior officials to stress that “since 2002, pretty much all the intelligence that’s come to us [from the United States] has proved to be wrong”. A well-organized and pre-planned propaganda campaign had begun even before the release of the latest IAEA report, in order to eclipse Iran’s resolving outstanding issues.

He said the full implementation of the work plan, and thus resolution and closure of the outstanding issues, had eliminated the most basic pretexts and allegations, on the basis of which Iran’s peaceful nuclear programme had been referred to the Council. “ Iran’s peaceful nuclear programme should be dealt with solely by the Agency.”

Addressing the suspension issue, he said that Iran could not and would not accept a requirement that was legally defective and politically coercive. Neither in the IAEA’s statute, nor in the Non-Proliferation Treaty’s safeguards, not even in the Additional Protocol, were “enrichment” and “reprocessing” prohibited. There was not even a limit for the level of enrichment. Voluntary suspension had been in place for more than two years in Iran and that had been verified. It had become clear, however, that those insisting on suspension had indeed aimed to prolong and ultimately perpetuate it, and thus deprive Iran from exercising its inalienable rights. The attempt to make the suspension mandatory through the Council, from the outset, had violated the fundamental principles of international law, the Non-Proliferation Treaty and IAEA Board of Governors’ resolutions.

He said the Council’s decision to coerce Iran into suspension had also been a gross violation of the United Nations Charter’s Article 25. The Council could not coerce countries into submitting either to its decisions taken in bad faith or to its demands negating the fundamental purposes and principles of the Charter. Iran needed to enrich uranium to provide fuel for the nuclear reactors it was planning to build to meet the growing energy needs. There had never been guarantees that those fuel needs would be provided fully by foreign sources. No country could solely rely on others to provide it with the technology and materials that were vital for its development and for the welfare of its people.

As a representative of a founding Member of the United Nations, he expressed “grave concern and dismay regarding the path that the Security Council has chosen and pursued”. The Council should be a secure and safe place where the rights of nations, not only were not violated, but were fully respected. A question arose as to why, after all the crimes of the Zionist regime in the Occupied Palestinian Territory had had been described as ethnic cleansing, genocide and war crimes by the international community, the Council had failed to put an end to those crimes. Recalling the Council’s inaction after Saddam Hussein’s invasion of Iran on 22 September 1980, he said “no amount of explanation would be able to describe the disastrous consequences of these unacceptable behaviours of the Security Council”.

The Council’s behaviour in undermining the credibility and integrity of IAEA would only serve the interests of those who preferred to ignore the Agency, such as the Israeli regime, which, with hundreds of nuclear warheads in its possession, posed the most serious threat to international and regional peace and security. “Is it not time for the Council to respect the judgement of an institution that is part of the UN system? Or to respect the legitimate rights of a great nation with a long history of civilization and peaceful coexistence with other nations?” he asked. The future security of the world depended on how the United Nations, and especially the Security Council, functioned in a just and impartial manner. In reality, peoples across the globe had now lost their trust in the Council and considered its actions the result of political pressure exerted by a few Powers to advance their own agendas.
SECURITY COUNCIL TIGHTENS RESTRICTIONS
Just why Mohammad Khazaee's beautiful prose and more importantly, why all of his points and arguments seem to be completely missing from English-language news sources is the key question that needs to be answered in the disturbing saga of the Six Nations plus the Security Council vs. Iran.

The 6 Nations, the United Nations, and the Quest for Nuclear Fire

It would seem that Iran should have the right to process Nuclear Fuel for peaceful purposes. That these purposes should remain peaceful is a matter controlled by the Nuclear Proliferation Treaty and its investigative arm, the International Atomic Energy Agency. Both the Islamic Republic of Iran and the United States, but not Israel (a nuclear power in the Mideast) are signatories to the NPT.

Iran's rights to process fuel under supervision are protected under
the NPT Article IV. It does seem that the U.S. might be a teeny tiny bit delinquent under Article VI though, since the U.S. (as a Nuclear Weapons State) has about 4,000 nukes left.

Article I:[10] Each nuclear-weapons state (NWS) undertakes not to transfer, to any recipient, nuclear weapons, or other nuclear explosive devices, and not to assist any non-nuclear weapon state to manufacture or acquire such weapons or devices.

Article II: Each non-NWS party undertakes not to receive, from any source, nuclear weapons, or other nuclear explosive devices; not to manufacture or acquire such weapons or devices; and not to receive any assistance in their manufacture.

Article IV: 1. Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of this Treaty.

Article VI. The states undertake to pursue "negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament", and towards a "Treaty on general and complete disarmament under strict and effective international control".
So why does the IAEA not let Iran off the hook? (For that matter, why have they let the U.S. off the hook on Article VI, which demands "complete" disarmament?) I show from recent documents, and essential archives, that this is not the case. The IAEA has made "significant progress", as they have reported in May, 2008. The Security Council Resolution 1803 and the Letter and Proposals from the 6-Nations group are both quite at odds with this though. They paint a bleak picture, and impose further sanctions on the 30-year old nation. The only way out is reported as "suspension of nuclear fuel enrichment", something the IAEA, the organization responsible for verifying the peacefulness of Iran's program, has not called for in their May Governor's Report.
As you can see from the report, the Agency has been able to continue to verify the non-diversion of declared nuclear material in Iran.

However, it is regrettable that we have not made the progress we had hoped for with respect to the one remaining major issue, namely clarification of the cluster of allegations and Secretariat questions relevant to possible military dimensions to Iran´s nuclear programme. The so-called alleged studies remain a matter of serious concern.
http://www.iaea.org/NewsCenter/Statements/2008/ebsp2008n005.html#iran

Why does ElBaradei call these "so-called alleged studies"? What are the so-called alleged studies, and who created them? We read on from the same document:
Iran maintains that it has never had a nuclear weapons programme and that the documents related to these alleged studies are "forged" or "fabricated". In this context, I should note that the Agency received much of the information concerning the alleged studies only in electronic form and it was unfortunately not authorized to provide copies to Iran.
http://www.iaea.org/NewsCenter/Statements/2008/ebsp2008n005.html#iran
So the accusations are non-verifiable and non-transparent communications from guess which spy-countries? What does this remind you of? This is clearly top-drawer Iraq War/Dick Cheney stuff. It is apparent that only with the best of luck and good administration will ElBaradei and company navigate the traps that have been set up for him by the "alleged studies" nations.

Now we come to the role played by the United Nations Security Council, which has passed at least 4 resolution pertaining to nuclear power in Iran. The latest resolution is number 1803, in which virtually none of the claims that are made against Iran are true. Starting with the usual hoidy-toidy, it meanders on to this last reasonable paragraph:
Recalling the resolution of the IAEA Board of Governors (GOV/2006/14), which states that a solution to the Iranian nuclear issue would contribute to global
non-proliferation efforts and to realizing the objective of a Middle East free of weapons of mass destruction, including their means of delivery,
http://daccessdds.un.org/doc/UNDOC/GEN/N08/257/81/PDF/N0825781.pdf?OpenElement
The paragraph that follows is essentially a confirmation that 1. Iran has not caved in to demands to shut down its nuclear industry, and 2. a big pack of lies and canards about issues that either don't exist, or no longer exist.
Iran has not established full and sustained suspension of all enrichment related and reprocessing activities and heavy water-related projects as set out in resolution 1696 (2006), 1737 (2006), and 1747 (2007), nor resumed its cooperation with the IAEA under the Additional Protocol, nor taken the other steps required by the IAEA Board of Governors,
http://daccessdds.un.org/doc/UNDOC/GEN/N08/257/81/PDF/N0825781.pdf?OpenElement
The paragraph about "design information" is completely contradicted by the IAEA Governer's Report - which is foolishly unmentioned in the Security Council Resolution, except in the dissenting comments among some of the participants.
7. On 13 May 2008, the Agency carried out design information verification at the Iran Nuclear Research Reactor (IR-40) and noted that construction of the facility was ongoing. The Agency has continued to monitor the status of the Heavy Water Production Plant using satellite imagery.
http://www.iaea.org/Publications/Documents/Board/2008/gov2008-15.pdf
Virtually none of the claims in the 1803 Resolution are true, they are mostly a rehash of the previous language. Nor are the claims substantial; here is the text of the ballyhooed Article 39, for example:
The Government of Iran and the Agency shall make Subsidiary Arrangements which shall specify in detail, to the extent necessary to permit the Agency to fulfill its responsibilities under this Agreement in an effective and efficient manner, how the procedures laid down in this Agreement are to be applied. The Subsidiary Arrangements may be extended or changed by agreement between the Government of Iran and the Agency without amendment of this Agreement.
http://www.iaea.org/Publications/Documents/Infcircs/Others/infcirc214.pdf
So why did they vote against Iran and seemingly against the IAEA's report? Some of the points made in the South African Representative's report were echoed in other speeches:
DUMISANI S. KUMALO ( South Africa) regretted that the sponsors of the resolution persisted with the same text they had tabled before the IAEA Director General’s report. The resolution appeared not to adequately take into account the progress that had been made between Iran and the Agency. Adoption of the new resolution could not even be postponed until the IAEA Board had had a full opportunity to consider the matter. That left the impression that the verification work and progress made by the Agency was virtually irrelevant to the co-sponsors.

He said the rationale to bring the issue to the Council was to reinforce the decisions of the Agency and enhance its authority, yet the resolution did not accurately reflect what was happening at the Agency. He was seriously concerned about the implications of that for the Security Council’s credibility, and the only reason South Africa supported the resolution was to preserve the unanimity behind previous Council decisions.
http://www.un.org/News/Press/docs/2008/sc9268.doc.htm
"Preserve ... unanimity" was mentioned by a number of other members of the Security Council as reasons for their votes, so we can only conclude that unfortunately, the Security Council members would have made great Stalinists, had they only been born sooner.

What is at issue for Iran is clear: The Council Resolutions largely call for Iran to Suspend enrichment processing of Uranium, a technology that feel is their right and a central part of their nuclear industry, as their main objective. As a matter of fact, the 6-party group has promised that if Iran only cooperates with them on their terms, it will get some of its nuclear rights back sometime in the future.
For their part China, France, Germany, Russia, the United Kingdom, the United States state their readiness: ... to treat Iran's nuclear program in the same manner as any Non-nuclear Weapons State Party to the NPT once international confidence in the exclusively peaceful nature of Iran's nuclear programme is restored.
June 12, 2008 6-party Proposals
http://www.iaea.org/Publications/Documents/Infcircs/2008/infcirc730.pdf
This exposes the threatening nature of the 6-party's position, that their opinion and purpose is that Iran should lose its right to process nuclear material (in other words, freeze a part of its economy) and should not again achieve it until an unknown future time, at which "international confidence" (read, the 6-parties' - or should we read, Israel's?) is deemed to be restored.

For the meantime, however the Security Council has demanded that Iran relinquish these rights, and Iran has expressed complete confidence in its defensive capability and it's willingness to fight a war, if necessary, as a means to preserve its pride and sovereignty on this issue.

So what we have here is a belligerent Israel and the U.S. both making threats (each at its own level) to attack Iran, now a powerful sovereign and independent nation, the IAEA trying to do its work, while being hampered by Catch-22 style disagreements between international spy agencies and the Islamic Republic of Iran, while the UN Security Council loses credibility as the gopher for Israel and the US (not to mention the credibility that the U.S. loses to its own constituents and the world as the water-carrier in chief for Israel), and the Islamic Republic of Iran (not unlike Israel), basically continues on enjoying its membership in the "cool-weapon-of-the-month club", while developing the peaceful nuclear technology it insists on having.

The only way out of this impasse is for the UN Security Council and 6-nation group to withdraw its demand for a suspension of Iran's nuclear industry, and restrain themselves from trying to imposing unreachable accords (Unreachable accords being those which are clearly in the interest of one party, and clearly against the interest of the other.) and simply allow the IAEA to do its job, while demanding that Iran become and remain verifiably free of nuclear weapons, at least as long as it remains under the NPT.

All of the 6-Nations countries must realize that the earth is not just for its own use; that other nations, even newer ones, are going to demand their autonomy and sovereignty above all else, just as we would. To avoid war, all of these parties must learn that acting peacefully and reasonably will get more done than a whole lot of bluster and ballast. The mentality or ideology that some countries are "good" for having weapons and other countries are "bad", for the same reason, which now seems to have a hammerlock on the Security Council, must be abandoned. Certainly, in the US, if not most of these nations, electing officials that don't put the demands of other governments above the needs of their own constituents will be a strong step in the right direction.