James Baker's Double Life (Page 4)

We do know this: After meeting with Baker on January 21, Kuwait's foreign minister told reporters that Baker had shown "understanding of Kuwait's position on war reparations," confirming that the subject did come up. He also said that while sovereign debt might be forgiven, reparations would not, because "there is an international decision from the UN."

Three days later, when Baker was back in Washington giving a speech, he made this distinction for the first time. "My job is to deal with Iraqi debt to sovereign creditors, not with war reparations," he said. He also echoed the exact line of the Kuwaiti government: that reparations are outside his purview because they are "under the jurisdiction of the United Nations Security Council and subject to resolutions it has passed."

This was a curious statement: Why would such a large portion of Iraq's debts be off the table? It also seemed to contradict other things Baker said in the same speech. He said that "any reduction [in Iraq's debt] must be substantial, or a vast majority of the total debt." That is impossible without addressing reparations, which by some measures account for more than half of Iraq's foreign debts. The Center for Strategic and International Studies, the center-right think tank hosting Baker's speech, has said it is "unwise" to make any debt relief plan "that does not include reparations."

Baker's statement on reparations also placed him at odds with several other members of the Bush Administration, including former chief envoy to Iraq Paul Bremer. "I think there needs to be a very serious look at this whole reparations issue," Bremer said in September 2003. He compared the Iraq situation to that of Germany after World War I, when the 1921 Reparations Commission forced the Weimar Republic to pay $33 billion. The massive reparations "contributed directly to the morass of unrest, instability and despair which led to Adolf Hitler's election," Bremer warned.

Yet Iraq continues to make regular reparations payments for Saddam's 1990 invasion of Kuwait. In the eighteen months since the US invasion, Iraq has paid out a staggering $1.8 billion in reparations--substantially more than the battered country's 2004 health and education budgets combined, and more than the United States has so far managed to spend in Iraq on reconstruction.

Most of the payments have gone to Kuwait, a country that is about to post its sixth consecutive budget surplus, where citizens have an average purchasing power of $19,000 a year. Iraqis, by contrast, are living on an average of just over $2 a day, with most of the population dependent on food rations for basic nutrition. Yet reparations payments continue, with Iraq scheduled to make another $200 million payout in late October.

This arrangement dates back to the end of the first Gulf War. As a condition of the cease-fire, Saddam Hussein agreed to pay for all losses incurred as a result of his invasion and seven-month occupation of Kuwait. Payments started flowing in 1994 and sped up in 1996, with the start of the UN's oil-for-food program. According to UN Security Council Resolution 986, which created the program, Iraq could begin to export oil as long as the revenue was spent on food and medicine imports, and as long as 30 percent of Iraq's oil revenues went to the United Nations Compensation Commission (UNCC), the Geneva-based quasi-tribunal in charge of Gulf War reparations.

Some of the claims that have been awarded by the UNCC are huge: the cost of cleaning up Kuwait's and Saudi Arabia's coastlines from oil spills and fires, or the Kuwait Petroleum Corporation's controversial award for $15.9 billion in lost oil revenues. So far, the UNCC has paid out $18.6 billion in war reparations and has awarded an additional $30 billion that has not been paid because of Iraq's shortage of funds. There are still $98 billion worth of claims before the UNCC that have yet to be assessed, so these numbers could rise steeply. That's why there are no accurate estimates of how much Iraq owes in war reparations--the figure ranges from $50 billion to $130 billion.

But the fate of these debts is now highly uncertain. On May 22, 2003--two months after the United States invaded Iraq--the Security Council decided to cut the percentage of Iraqi oil revenues going to war reparations to 5 percent. This past May, an Iraqi delegation went to the UN to ask for the percentage to be reduced even further, to accommodate Iraq's own reconstruction needs. There is growing sympathy for this position. Justin Alexander of the debt relief group Jubilee Iraq says that many of the claims before the UNCC are inflated and that "even for genuine claims, this is Saddam's responsibility, not the Iraqi people's, who themselves suffered far more than anyone."

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