Haiti: Resolutions of the UN Security Council and Statements by its President

SECURITY COUNCIL

Under the United Nations Charter, the Security Council has the primary responsibility for the maintenance of international peace and security. All United Nations Member States have agreed to accept and carry out the Council's decisions in accordance with the Charter. The Council is composed of 15 members. Five are permanent: China, France, the Russian Federation,* the United Kingdom of Great Britain and Northern Ireland, and the United States of America. The 10 non-permanent members are elected by the General Assembly to serve two-year terms. Since 1993, the year in which UNMIH was established, non-permanent members of the Security Council were as follows:

1993

Brazil, Cape Verde, Djibouti, Hungary, Japan, Morocco, New Zealand, Pakistan, Spain and Venezuela.

1994

Argentina, Brazil, Czech Republic, Djibouti, New Zealand, Nigeria, Oman, Pakistan, Rwanda and Spain.

1995

Argentina, Botswana, the Czech Republic, Germany, Honduras, Indonesia, Italy, Nigeria, Oman and Rwanda.

Each member of the Security Council has one vote. Decisions on substantive matters require nine affirmative votes including the concurring votes of all five permanent members. The permanent members may abstain or not participate at all in the voting, and still satisfy the stipulation of their concurrence in the affirmative vote. A negative vote by any permanent member means the rejection of the draft resolution or proposal.

RESOLUTIONS AND STATEMENTS

Between 16 June 1993 and 30 January 1995, the Council adopted 14 resolutions directly relating to the situation in Haiti. In addition, the President of the Security Council issued nine statements in this connection. The full text of those resolutions and statements is reproduced on the following pages.

* The Union of Soviet Socialist Republics was an original Member of the United Nations from 24 October 1945. In a letter dated 24 December 1991, the President of the Russian Federation informed the Secretary-General that the membership of the Union of Soviet Socialist Republics in the United Nations, including the Security Council and all the organs and organizations of the United Nations system, was being continued by the Russian Federation with the support of the countries of the Commonwealth of Independent States.

RESOLUTION 841 (1993)

16 June 1993

Adopted by unanimous vote.

Sponsors: France, the United States of America and Venezuela.

The Security Council,

Having received a letter from the Permanent Representative of Haiti to the President of the Council dated 7 June 1993 (S/25958) requesting that the Council make universal and mandatory the trade embargo on Haiti recommended by the Organization of American States,

Having also heard a report of the Secretary-General on 10 June 1993 regarding the crisis in Haiti,

Noting resolutions MRE/RES.1/91, MRE/RES.2/91, MRE/RES.3/92 and MRE/RES.4/92 adopted by the Foreign Ministers of the Organization of American States, and resolution CP/RES.594 (923/92) and declarations CP/Dec.8 (927/93), CP/Dec.9 (931/ 93) and CP/Dec.10 (934/93) adopted by the Permanent Council of the Organization of American States,

Noting in particular resolution MRE/RES.5/93 adopted by the Foreign Ministers of the Organization of American States in Managua, Nicaragua, on 6 June 1993,

Recalling General Assembly resolutions 46/7 of 11 October 1991, 46/138 of 17 December 1991, 47/20 A of 24 November 1992, 47/143 of 18 December 1992 and 47/20 B of 23 April 1993,

Strongly supportive of the continuing leadership by the Secretary-General of the United Nations and the Secretary-General of the Organization of American States and of the efforts of the international community to reach a political solution to the crisis in Haiti,

Commending the efforts undertaken by the Special Envoy for Haiti of the United Nations and Organization of American States Secretaries-General, Mr. Dante Caputo, to establish a political dialogue with the Haitian parties with a view to resolving the crisis in Haiti,

Recognizing the urgent need for an early, comprehensive and peaceful settlement of the crisis in Haiti in accordance with the provisions of the Charter of the United Nations and international law,

Also recalling the statement of 26 February 1993 (S/25344), in which the Council noted with concern the incidence of humanitarian crises, including mass displacements of population, becoming or aggravating threats to international peace and security,

Deploring the fact that, despite the efforts of the international community, the legitimate Government of President Jean-Bertrand Aristide has not been reinstated,

Concerned that the persistence of this situation contributes to a climate of fear of persecution and economic dislocation which could increase the number of Haitians seeking refuge in neighbouring Member States and convinced that a reversal of this situation is needed to prevent its negative repercussions on the region,

Recalling, in this respect, the provisions of Chapter VIII of the Charter of the United Nations, and stressing the need for effective cooperation between regional organizations and the United Nations,

Considering that the above-mentioned request of the Permanent Representative of Haiti, made within the context of the related actions previously taken by the Organization of American States and by the General Assembly of the United Nations, defines a unique and exceptional situation warranting extraordinary measures by the Security Council in support of the efforts undertaken within the framework of the Organization of American States, and,

Determining that, in these unique and exceptional circumstances, the continuation of this situation threatens international peace and security in the region,

Acting, therefore, under Chapter VII of the Charter of the United Nations,

1. Affirms that the solution of the crisis in Haiti should take into account the above-mentioned resolutions of the Organization of American States and of the General Assembly of the United Nations;
2. Welcomes the request of the General Assembly that the Secretary-General take the necessary measures in order to assist, in cooperation with the Organization of American States, in the solution of the crisis in Haiti;
3. Decides that the provisions set forth in paragraphs 5 to 14 below, which are consistent with the trade embargo recommended by the Organization of American States, shall come into force at 00.01 EST on 23 June 1993 unless the Secretary-General, having regard to the views of the Secretary-General of the Organization of American States, has reported to the Council that, in light of the results of the negotiations conducted by the Special Envoy for Haiti of the United Nations and Organization of American States Secretaries-General, the imposition of such measures is not warranted at that time;
4. Decides that if at any time after the submission of the above-mentioned report of the Secretary-General, the Secretary-General, having regard to the views of the Secretary-General of the Organization of American States, reports to the Council that the de facto authorities in Haiti have failed to comply in good faith with their undertakings in the above-mentioned negotiations, the provisions set forth in paragraphs 5 to 14 below shall come into force immediately;
5. Decides that all States shall prevent the sale or supply, by their nationals or from their territories or using their flag vessels or aircraft, of petroleum or petroleum products or arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, police equipment and spare parts for the aforementioned, whether or not originating in their territories, to any person or body in Haiti or to any person or body for the purpose of any business carried on in or operated from Haiti, and any activities by their nationals or in their territories which promote or are calculated to promote such sale or supply;
6. Decides to prohibit any and all traffic from entering the territory or territorial sea of Haiti carrying petroleum or petroleum products, or arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, police equipment and spare parts for the aforementioned, in violation of paragraph 5 above;
7. Decides that the Committee established by paragraph 10 below may authorize on an exceptional case-by-case basis under a no-objection procedure the importation, in non-commercial quantities and only in barrels or bottles, of petroleum or petroleum products, including propane gas for cooking, for verified essential humanitarian needs, subject to acceptable arrangements for effective monitoring of delivery and use;
8. Decides that States in which there are funds, including any funds derived from property, (a) of the Government of Haiti or of the de facto authorities in Haiti, or (b) controlled directly or indirectly by such Government or authorities or by entities, wherever located or organized, owned or controlled by such Government or authorities, shall require all persons and entities within their own territories holding such funds to freeze them to ensure that they are not made available directly or indirectly to or for the benefit of the de facto authorities in Haiti;
9. Calls upon all States, and all international organizations, to act strictly in accordance with the provisions of the present resolution, notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted prior to 23 June 1993;
10. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council to undertake the following tasks and to report on its work to the Council with its observations and recommendations:

    (a) To examine the reports submitted pursuant to paragraph 13 below;

    (b) To seek from all States further information regarding the action taken by them concerning the effective implementation of this resolution;

    (c) To consider any information brought to its attention by States concerning violations of the measures imposed by this resolution and to recommend appropriate measures in response thereto;

    (d) To consider and decide expeditiously requests for the approval of imports of petroleum and petroleum products for essential humanitarian needs in accordance with paragraph 7 above;

    (e) To make periodic reports to the Security Council on information submitted to it regarding alleged violations of the present resolution, identifying where possible persons or entities, including vessels, reported to be engaged in such violations;

    (f) To promulgate guidelines to facilitate implementation of this resolution;

11. Calls upon all States to cooperate fully with the Committee established by paragraph 10 in the fulfilment of its tasks, including supplying such information as may be sought by the Committee in pursuance of the present resolution;
12. Calls upon States to bring proceedings against persons and entities violating the measures imposed by this resolution and to impose appropriate penalties;
13. Requests all States to report to the Secretary-General by 16 July 1993 on the measures they have initiated for meeting the obligations set out in paragraphs 5 to 9 above;
14. Requests the Secretary-General to provide all necessary assistance to the Committee established by paragraph 10 and to make the necessary arrangements in the Secretariat for this purpose;
15. Requests the Secretary-General to report to the Security Council, not later than 15 July 1993, and earlier if he considers it appropriate, on progress achieved in the efforts jointly undertaken by him and the Secretary-General of the Organization of American States with a view to reaching a political solution to the crisis in Haiti;
16. Expresses its readiness to review all the measures in the present resolution with a view to lifting them if, after the provisions set forth in paragraphs 5 to 14 have come into force, the Secretary-General, having regard to the views of the Secretary-General of the Organization of American States, reports to the Council that the de facto authorities in Haiti have signed and have begun implementing in good faith an agreement to reinstate the legitimate Government of President Jean-Bertrand Aristide;
17. Decides to remain seized of the matter.

RESOLUTION 861 (1993)

27 August 1993

Adopted by unanimous vote.

Prepared in the course of the Council's consultations.

The Security Council,

Recalling its resolution 841 (1993) of 16 June 1993,

Commending the efforts undertaken by the Special Envoy for Haiti of the United Nations and Organization of American States Secretaries-General,

Having considered the relevant parts of the report of the Secretary-General of 12 July 1993 (S/26063),

Taking note with approval of the Governors Island Agreement between the President of the Republic of Haiti and the Commander-in-Chief of the Armed Forces of Haiti, including the provisions of point 4, under which the parties agreed that the sanctions should be suspended immediately after the Prime Minister is confirmed and assumes office in Haiti,

Having also considered the report of the Secretary-General of 13 August 1993 (S/26297) on the New York Pact of 16 July 1993,

Having received the report of the Secretary-General (S/26361) indicating that the Prime Minister of Haiti has been confirmed and has assumed office in Haiti,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides that the measures set out in paragraphs 5 to 9 of resolution 841 (1993) are suspended with immediate effect and requests all States to act consistently with this decision as soon as possible;
2. Confirms its readiness, as noted in the letter from the President of the Council of 15 July 1993 (S/26085), to terminate immediately the suspension of the measures referred to in paragraph 1 above if, at any time, the Secretary-General, having regard for the views of the Secretary-General of the Organization of American States, informs the Security Council that the parties to the Governors Island Agreement or any other authorities in Haiti have not complied in good faith with the Agreement;
3. Expresses its readiness to review all the measures in paragraphs 5 to 14 of resolution 841 (1993) with a view to lifting them definitively once the Secretary-General, having regard for the views of the Secretary-General of the Organization of American States, informs the Security Council that the relevant provisions of the Governors Island Agreement have been fully implemented;
4. Decides to remain seized of the matter.

RESOLUTION 862 (1993)

31 August 1993

Adopted by unanimous vote.

Prepared in the course of the Council's consultations.

The Security Council,

Recalling its resolutions 841 (1993) of 16 June 1993 and 861 (1993) of 27 August 1993,

Recalling also the Governors Island Agreement between the President of the Republic of Haiti and the Commander-in-Chief of the Armed Forces of Haiti, of 3 July 1993, contained in the report of the Secretary-General of 12 July 1993 (S/26063), and the letter of the President of the Republic of Haiti to the Secretary-General of 24 July 1993 (S/26180, annex),

Commending the efforts undertaken by the Special Envoy for Haiti of the United Nations and Organization of American States Secretaries-General,

Noting that point 5 of the Governors Island Agreement calls for international assistance in modernizing the armed forces of Haiti and establishing a new police force with the presence of United Nations personnel in these fields,

Reaffirming the international community's commitment to a resolution of the crisis in Haiti, including a restoration of democracy,

Recalling the situation in Haiti and the continuing responsibility of the Council under the Charter for the maintenance of international peace and security,

1. Takes note of the Secretary-General's report of 25 August 1993 to the Security Council (S/26352), which contains recommendations concerning United Nations assistance in the modernization of the armed forces as well as in the establishment of a new police force in Haiti under a proposed United Nations Mission in Haiti;
2. Approves the dispatch as soon as possible of an advance team of not more than 30 personnel to assess requirements and prepare for the possible dispatch of both the civilian police and military assistance components of the proposed United Nations Mission in Haiti;
3. Decides that the mandate of the advance team will expire within one month, and contemplates that this advance team could be incorporated into the proposed United Nations Mission in Haiti if and when such a mission is formally established by the Council;
4. Looks forward to a further report of the Secretary-General on the proposed establishment of the United Nations Mission in Haiti, including in particular a detailed estimate of the cost and scope of this operation, a time-frame for its implementation, and the projected conclusion of this operation, and how to ensure coordination, inter alia, between it and the work of the Organization of American States, with a view to establishing the proposed mission on an expeditious basis, if the Council so decides;
5. Urges the Secretary-General to enter expeditiously into discussions with the Government of Haiti on a status of mission agreement to facilitate the early dispatch of the United Nations Mission in Haiti, if and when the Council so decides;
6. Decides to remain seized of the matter.

STATEMENT BY THE PRESIDENT

17 September 1993 (S/26460)

At the 3278th meeting of the Security Council, held on 17 September 1993, in connection with the Council's consideration of the item The question concerning Haiti , the President of the Security Council made the following statement on behalf of the Council:

The Security Council deplores the recent upsurge in violence in Haiti, particularly the events of 11 and 12 September, when at least a dozen people were assassinated, including a prominent supporter of President Aristide during a church service.

The Council is deeply concerned at these developments as well as at the existence of organized armed civilian groups in the capital which are attempting to interfere with the new Constitutional Government's proper assumption of its functions.

The Security Council considers it imperative that the Constitutional Government of Haiti assume control over the security forces of the country, and that those responsible for the activities of the organized armed civilian groups throughout the country, and particularly in Port-au-Prince, be held personally accountable for their actions and removed from their functions. The Council also urges the Haitian authorities to take immediate measures with a view to disarming these groups.

The Council strongly calls on the Commander-in-Chief of the Armed Forces, also in his capacity as signatory to the Governors Island Agreement, to carry out his responsibilities to the fullest by ensuring immediate compliance with the letter and the spirit of the Governors Island Agreement.

The Council will hold the Haitian military and security authorities personally responsible for the safety of all United Nations personnel in Haiti.

Unless there is a clear and immediate effort by the security forces to put an end to the present levels of violence and intimidation and unless the above requirements are met, the Security Council will have no alternative but to consider that the authorities responsible for public order in Haiti are not complying in good faith with the Governors Island Agreement.

Therefore, should the Secretary-General of the United Nations, in accordance with Security Council resolution 861 (1993) and having received the views of the Secretary-General of the Organization of American States (OAS), inform the Security Council that, in his opinion, there is a serious and consistent non-compliance with the Governors Island Agreement, the Council will immediately reinstate those measures provided for in its resolution 841 (1993) appropriate to the situation, with particular emphasis on those measures aimed at those deemed responsible for the non-compliance with the Agreement.

The Council reaffirms that all the parties in Haiti are bound to comply with their obligations under the Governors Island Agreement, as well as with those embodied in the relevant international treaties to which Haiti is party and in all relevant Security Council resolutions.

The Council will closely monitor the situation in Haiti in the coming days.

RESOLUTION 867 (1993)

23 September 1993

Adopted, as orally revised in its provisional form, by unanimous vote.

Sponsor: the United States of America.

The Security Council,

Recalling its resolutions 841 (1993) of 16 June 1993, 861 (1993) of 27 August 1993 and 862 (1993) of 31 August 1993,

Recalling also relevant resolutions adopted by the General Assembly and the Organization of American States,

Noting the report of the Secretary-General of 21 September 1993 (S/26480 and Add.1), and the reports of the Secretary-General of 25 August 1993 (S/26352) and 26 August 1993 (S/26361), submitted pursuant to his reports to the Security Council dated 12 July 1993 (S/26063) and 13 August 1993 (S/26297),

Taking note of the letter dated 24 July 1993 from the Secretary-General to the President of the Security Council (S/26180) conveying a proposal from the Government of Haiti requesting the United Nations to provide assistance in creating a new police force and in modernizing the Haitian armed forces,

Stressing the importance of the Governors Island Agreement of 3 July 1993 (S/26063) between the President of the Republic of Haiti and the Commander-in-Chief of the Armed Forces of Haiti towards promoting the return of peace and stability in Haiti, including the provisions of paragraph 5, under which the parties call for assistance for modernizing the armed forces of Haiti and establishing a new police force with the presence of United Nations personnel in these fields,

Strongly supportive of the efforts to implement that Agreement, and to permit the resumption of the normal operations of Government in Haiti, including police and military functions, under civilian control,

Recalling the situation in Haiti and the continuing responsibility of the Council under the Charter for the maintenance of international peace and security,

Concerned about the escalation of politically motivated violence in Haiti at this time of critical political transition, and recalling in this respect the statement of the President of the Security Council of 17 September 1993 (S/26460),

Considering that there is an urgent need to ensure conditions for the full implementation of the Governors Island Agreement and the political accords contained in the New York Pact as contained in the annex to the report of the Secretary-General of 13 August 1993 (S/26297),

1. Approves the recommendation of the Secretary-General contained in his report of 21 September 1993 (S/26480) and his report of 25 August 1993 (S/26352) to authorize the establishment and immediate dispatch of the United Nations Mission in Haiti (UNMIH) for a period of six months subject to the proviso that it will be extended beyond seventy-five days only upon a review by the Council to be based on a report from the Secretary-General on whether or not substantive progress has been made towards the implementation of the Governors Island Agreement and the political accords contained in the New York Pact;
2. Decides that, in accordance with the report of 21 September 1993, the United Nations Mission shall be comprised of up to 567 United Nations police monitors (UNPMS) and a military construction unit with a strength of approximately 700, including 60 military trainers;
3. Determines that the UNPMS shall provide guidance and training to all levels of the Haitian police and monitor the way in which the operations are implemented in accordance with paragraph 9 of the report of the Secretary-General of 21 September 1993;
4. Also determines that the military component of the Mission in charge of modernization of the armed forces shall have the following roles:

   (a) The military training teams shall provide non-combat training, as outlined in paragraph 17 of the report of the Secretary-General of 21 September 1993, to meet requirements determined through coordination between the Chief of the United Nations Mission and the Government of Haiti;

   (b) The military construction unit will work with the Haitian military to carry out projects, as specified in paragraph 15 of the report of the Secretary-General of 25 August 1993 and as described in paragraph 16 of his report of 21 September 1993;

5. Welcomes the intention of the Secretary-General to place the peace-keeping mission under the oversight of the Special Representative of the Secretaries-General of the United Nations and of the Organization of American States, who also oversees the activities of the International Civilian Mission (MICIVIH), so that the peace-keeping mission may benefit from the experience and information already obtained by MICIVIH;
6. Calls upon the Government of Haiti to take all appropriate steps to ensure the safety of United Nations personnel, as well as to ensure the freedom of movement and communication of the Mission and its members as well as the other rights necessary for the performance of its task, and in this regard urges the conclusion at the earliest possible stage of a Status of Mission Agreement;
7. Notes that such safety and freedoms are a prerequisite for the successful implementation of the Mission, and requests the Secretary-General to report to the Council in the event such conditions do not exist;
8. Calls upon all factions in Haiti explicitly and publicly to renounce, and to direct their supporters to renounce violence as a means of political expression;
9. Requests the Secretary-General to dispatch the United Nations Mission in Haiti on an urgent basis;
10. Encourages the Secretary-General to establish a trust fund or make other arrangements to assist in the financing of the Mission, along the lines and conditions outlined in paragraph 26 of the report of the Secretary-General of 21 September 1993, and to seek for this purpose pledges and contributions from Member States and others, and encourages Member States to make voluntary contributions to this fund;
11. Requests the Secretary-General to seek contributions of personnel from Member States for the civilian police and military components of the Mission, as specified in paragraph 18 of his report of 25 August 1993;
12. Expresses the hope that States will assist the legally constituted Government of Haiti in carrying out actions consistent with the restoration of democracy as called for by the Governors Island Accord, the New York Pact and other relevant resolutions and agreements;
13. Expresses its appreciation for the constructive role of the Organization of American States in cooperation with the United Nations in promoting the solution of the political crisis and the restoration of democracy in Haiti and, in this context, stresses the importance of ensuring close coordination between the United Nations and the Organization of American States in their work in Haiti;
14. Requests the Secretary-General to submit progress reports to the Council on the implementation of the present resolution by 10 December 1993 and 25 January 1994, thus keeping the Council fully informed on actions taken to implement the Mission;
15. Decides to remain actively seized of the matter.

STATEMENT BY THE PRESIDENT

11 October 1993 (S/26567)

At the 3289th meeting of the Security Council, held on 11 October 1993, in connection with the Council's consideration of the item The question concerning Haiti , the President of the Security Council made the following statement on behalf of the Council:

The Security Council is deeply concerned with the situation in Haiti and deeply deplores the events of 11 October 1993, when organized armed civilian groups ( attaches ) threatened journalists and diplomats waiting to meet a contingent of the United Nations Mission in Haiti (UNMIH) dispatched pursuant to Security Council resolution 867 (1993). Moreover, the disturbance created by these armed groups, and a lack of dock personnel, prevented the landing in Port-au-Prince of the ship carrying the contingent. The Security Council considers it imperative that the Armed Forces of Haiti carry out their responsibilities to ensure that obstructions such as theseto thesafeandsuccessfuldispatchofUNMIHendimmediately.

The Council reiterates, in accordance with its Presidential statement of 17 September 1993 (S/26460), that serious and consistent non-compliance with the Governors Island Agreement will prompt the Council to reinstate immediately those measures provided for in its resolution 841 (1993) appropriate to the situation, with particular emphasis on those measures aimed at those deemed responsible for this non-compliance. In that context, the Security Council requests the Secretary-General to report urgently to the Council whether the incidents of 11 October constitute such non-compliance by the Armed Forces of Haiti with the Governors Island Agreement.

The Council looks forward to the Secretary-General's report and will closely monitor the situation in Haiti in the coming days.

RESOLUTION 873 (1993)

13 October 1993

Adopted by unanimous vote.

Prepared in the course of the Council's consultations.

The Security Council,

Recalling its resolutions 841 (1993) of 16 June 1993, 861 (1993) of 27 August 1993, 862 (1993) of 31 August 1993 and 867 (1993) of 23 September 1993,

Deeply disturbed by the continued obstruction of the arrival of the United Nations Mission in Haiti (UNMIH), dispatched pursuant to resolution 867 (1993), and the failure of the Armed Forces of Haiti to carry out their responsibilities to allow the Mission to begin its work,

Having received the report of the Secretary-General (S/26573) informing the Council that the military authorities of Haiti, including the police, have not complied in good faith with the Governors Island Agreement,

Determining that their failure to fulfil obligations under the Agreement constitutes a threat to peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides, in accordance with paragraph 2 of resolution 861 (1993), to terminate the suspension of the measures set out in paragraphs 5 to 9 of resolution 841 (1993) as of 2359 hours Eastern Standard Time on 18 October 1993 unless the Secretary-General, having regard to the views of the Secretary-General of the Organization of American States, reports to the Council that the parties to the Governors Island Agreement and any other authorities in Haiti are implementing in full the agreement to reinstate the legitimate Government of President Jean-Bertrand Aristide and have established the necessary measures to enable UNMIH to carry out its mandate;
2. Decides also that funds that are required to be frozen pursuant to paragraph 8 of resolution 841 (1993) may be released at the request of President Aristide or Prime Minister Malval of Haiti;
3. Decides further that the Committee established by paragraph 10 of resolution 841 (1993) shall have the authority, in addition to that set forth in that paragraph, to grant exceptions to the prohibitions (other than those referred to in paragraph 2 above) referred to in paragraph 1 above on a case-by-case basis under the no-objection procedure in response to requests by President Aristide or Prime Minister Malval of Haiti;
4. Confirms its readiness to consider urgently the imposition of additional measures if the Secretary-General informs the Security Council that the parties to the Governors Island Agreement or any other authorities in Haiti continue to impede the activities of UNMIH or interfere with the freedom of movement and communication of UNMIH and its members as well as the other rights necessary for the performance of its mandate, or have not complied in full with relevant Security Council resolutions and the provisions of the Governors Island Agreement;
5. Decides to remain actively seized of the matter.

RESOLUTION 875 (1993)

16 October 1993

Adopted by unanimous vote.

Sponsors: Canada, France, the United States of America and Venezuela.

The Security Council,

Reaffirming its resolutions 841 (1993) of 16 June 1993, 861 (1993) of 27 August 1993, 862 (1993) of 31 August 1993, 867 (1993) of 23 September 1993 and 873 (1993) of 13 October 1993,

Noting resolutions MRE/RES.1/91, MRE/RES.2/91, MRE/RES.3/92 and MRE/RES.4/92 adopted by the Foreign Ministers of the Organization of American States, and resolution CP/RES.594 (923/92) and declarations CP/Dec.8 (927/93), CP/Dec.9 (931/93), CP/Dec.10 (934/93) and CP/Dec.15 (967/93), adopted by the Permanent Council of the Organization of American States,

Deeply disturbed by the continuing obstruction to the dispatch of the United Nations Mission in Haiti (UNMIH), pursuant to resolution 867 (1993), and the failure of the Armed Forces of Haiti to carry out their responsibilities to allow the Mission to begin its work,

Condemning the assassination of officials of the legitimate Government of President Jean-Bertrand Aristide,

Taking note of the letter of President Jean-Bertrand Aristide to the Secretary-General of 15 October 1993 (S/26587), in which he requested the Council to call on Member States to take the necessary measures to strengthen the provisions of Security Council resolution 873 (1993),

Mindful of the report of the Secretary-General of 13 October 1993 (S/26573) informing the Council that the military authorities of Haiti, including the police, have not complied in full with the Governors Island Agreement,

Reaffirming its determination that, in these unique and exceptional circumstances, the failure of military authorities in Haiti to fulfil their obligations under the Agreement constitutes a threat to peace and security in the region,

Acting under Chapters VII and VIII of the Charter of the United Nations,

1. Calls upon Member States, acting nationally or through regional agencies or arrangements, cooperating with the legitimate Government of Haiti, to use such measures commensurate with the specific circumstances as may be necessary under the authority of the Secretary-General to ensure strict implementation of the provisions of resolutions 841 (1993) and 873 (1993) relating to the supply of petroleum or petroleum products or arms and related materiel of all types, and in particular to halt inward maritime shipping as necessary in order to inspect and verify their cargoes and destinations;
2. Confirms that it is prepared to consider further necessary measures to ensure full compliance with the provisions of the relevant Security Council resolutions;
3. Decides to remain actively seized of the matter.

STATEMENT BY THE PRESIDENT

25 October 1993 (S/26633)

Following consultations with the members of the Security Council, the President of the Council made the following statement on behalf of the Council, at its 3298th meeting, held on 25 October 1993, in connection with the Council's consideration of the item entitled The question concerning Haiti :

The Security Council reaffirms the necessity of full compliance with the Governors Island Agreement. It condemns the acts of the military authorities in Haiti, who continue to hamper the full implementation of the Agreement, in particular by permitting the development of acts of violence in violation of their obligations under the Agreement. It gives full support to the efforts of the Special Representative of the Secretary-General, Mr. Dante Caputo, to put an end to the crisis and to ensure the return, without delay, of democracy and the rule of law in Haiti.

The Security Council, recalling points 7 and 8 of the Governors Island Agreement concerning the departure of the Commander-in-Chief of the Haitian Armed Forces and the appointment of a new Commander of the police force, insists that these provisions be implemented without further delay.

The Security Council reiterates its support for the legitimate Government of Haiti and recalls that it holds the military authorities responsible for the security of that Government and of the parliamentarians. It also continues to hold the military authorities responsible for the safety and security of all United Nations personnel in Haiti.

The Security Council warns that, should the Governors Island Agreement not be fully implemented, it will consider imposing measures additional to those imposed by resolutions 841 (1993), 873 (1993) and 875 (1993).

The Security Council underlines the importance of the full implementation of the measures contained in the above-mentioned resolutions by all States, including nearby countries.

The Council will continue to monitor closely the situation in Haiti in the coming days.

STATEMENT BY THE PRESIDENT

30 October 1993 (S/26668)

At the 3301st meeting of the Security Council, held on 30 October 1993, in connection with the Council's consideration of the item The question concerning Haiti , the President of the Security Council made the following statement on behalf of the Council:

The Security Council continues to insist on full and unconditional compliance with the Governors Island Agreement and the early return of President Aristide and full democracy to Haiti, in accordance with relevant resolutions and statements by the President of the Council. It reaffirms that the Governors Island Agreement remains fully in force as the only valid framework for the solution of the crisis in Haiti which continues to threaten peace and security in the region.

The Security Council is deeply concerned by the suffering of the Haitian people which results directly from the refusal by the military authorities to comply with the Governors Island process.

The Security Council stresses that the signatories to the Governors Island Agreement remain obligated to comply in full with its provisions. The Security Council condemns the fact that General Cedras and the military authorities have not so far fulfilled their obligations under that Agreement. It moreover deplores the fact that the Haitian military leaders have fostered and perpetuated in Haiti a political and security environment which prevents the President's return to Haiti as provided for in paragraph 9 of the Governors Island Agreement.

The Security Council expresses its support for the invitation by the Special Envoy of the Secretaries-General of the United Nations and the Organization of American States to all parties to meet next week solely to resolve the remaining obstacles to full implementation of the Governors Island Agreement. Further, it reaffirms its determination to maintain and effectively enforce sanctions on Haiti until the commitments made on Governors Island are honoured, and to consider strengthening them, in accordance with its resolutions 873 (1993) and 875 (1993) and its Presidential statement of 25 October 1993 (S/26633), if the military authorities continue to interrupt the democratic transition. In this regard, it requests the Secretary-General to report urgently to the Council.

STATEMENT BY THE PRESIDENT

15 November 1993 (S/26747)

At the 3314th meeting of the Security Council, held on 15 November 1993, in connection with the Council's consideration of the item The question concerning Haiti , the President of the Security Council made the following statement on behalf of the Council:

The Security Council takes note of the report of the Secretary-General on the question concerning Haiti (S/26724) and the letter dated 12 November 1993 from the Permanent Representative of Haiti to the United Nations (S/26725).

The Security Council commends the efforts of the Special Envoy of the Secretaries-General of the United Nations and the Organization of American States, Mr. Dante Caputo, takes note of his oral report made to the Council on 12 November 1993 and confirms its full support for his continued active diplomacy for resolving the crisis in Haiti.

The Security Council condemns the military authorities in Port-au-Prince for failing to comply fully with the Governors Island Agreement and in particular with points 7, 8 and 9. It reaffirms that this Agreement constitutes the only valid framework for resolving the crisis in Haiti, which continues to threaten peace and security in the region.

The Security Council also reaffirms its support for the democratically elected President, Mr. Jean-Bertrand Aristide, and for the legitimate Government of Mr. Robert Malval. It recalls that it holds the military authorities responsible for the security of the members of this Government and for the security of the United Nations and Organization of American States personnel in Haiti.

The Security Council is deeply concerned by the plight of the Haitian people. It reaffirms that the military authorities in Haiti are fully responsible for this suffering which directly results from their non-compliance with their public commitments to the Governors Island Agreement. The Council expresses its determination to minimize the impact of the present situation on the most vulnerable groups and calls upon Member States to continue, and to intensify, their humanitarian assistance to the people of Haiti. The Security Council welcomes in this regard the decision of the Secretary-General to dispatcha teamof additionalhumanitarian personnelto Haiti.

The Security Council encourages the Secretary-General, in consultation with the Secretary-General of the Organization of American States, to work for the earliest possible return of the International Civilian Mission in Haiti (MICIVIH). The Security Council requests the Secretary-General to continue planning for additional measures including for an appropriate United Nations Mission in Haiti (UNMIH) to be deployed as conditions permit, consistent with the Governors Island Agreement.

The Security Council stresses that the sanctions contained in resolutions 841 (1993), 873 (1993) and 875 (1993) will remain in force until the objectives of the Governors Island Agreement are fulfilled, including the departure of the Commander-in-Chief of the Haitian Armed Forces, the creation of a new police force permitting the restoration of constitutional order to Haiti and the return of the democratically-elected President.

The Security Council reaffirms its determination, expressed in the above-mentioned resolutions, to ensure the full and effective enforcement of current sanctions. It welcomes measures taken to this effect by States on a national basis in accordance with the Charter of the United Nations and relevant Security Council resolutions. In this regard, the Council is prepared to consider additional mechanisms and practical measures to help verify the full compliance with the decisions of the Security Council.

The Security Council reaffirms its determination to consider strengthening the measures regarding Haiti in accordance with its resolutions 873 (1993) and 875 (1993) and its presidential statements of 25 October 1993 (S/26633) and of 30 October 1993 (S/26668) if the military authorities continue to obstruct full compliance with the Governors Island Agreement, thus preventing the restoration of lawful order and democracy in Haiti.

STATEMENT BY THE PRESIDENT

10 January 1994 (S/PRST/1994/2)

At the 3328th meeting of the Security Council, held on 10 January 1994, in connection with the Council's consideration of the item The question concerning Haiti , the President of the Security Council made the following statement on behalf of the Council:

The Security Council reiterates its deep concern for the plight of the Haitian people under the ongoing crisis and reaffirms its determination to minimize the impact of this crisis on the most vulnerable groups in Haiti.

In this context, the Security Council welcomes the imminent arrival in Haiti of a shipment of fuel approved by the Security Council Committee established by resolution 841 (1993).

The Security Council also welcomes the role being played by the Pan American Health Organization (PAHO) in the management, delivery and distribution of fuel for humanitarian purposes.

The Security Council attaches great importance to humanitarian assistance in Haiti, including the unimpeded delivery and distribution of fuel used for humanitarian purposes. It will hold responsible any authorities and individuals in Haiti who might in any way interfere with the delivery and distribution of humanitarian assistance under the overall responsibility of PAHO or who fail in their responsibility to ensure that this delivery and distribution benefits the intended recipients: those in need of humanitarian assistance. The Security Council will also hold responsible any authorities or individuals in Haiti who endanger the personal security and safety of all personnel involved in such assistance.

The Security Council reaffirms once again its determination to ensure the return to constitutional legality in Haiti, on the basis of the implementation of its relevant resolutions. In this context, it shares the understanding of the Friends of the Secretary-General on the question of Haiti (S/26881) that the process as defined by the Governors Island Agreement, which provides, inter alia, for the return of President Aristide, constitutes the only viable framework for Haiti to emerge from the crisis and to lead to the establishment of a State under the rule of law.

RESOLUTION 905 (1994)

23 March 1994

Adopted by unanimous vote.

Prepared in the course of the Council's consultations.

The Security Council,

Reaffirming its resolutions 841 (1993) of 16 June 1993, 861 (1993) of 27 August 1993, 862 (1993) of 31 August 1993, 867 (1993) of 23 September 1993, 873 (1993) of 13 October 1993, and 875 (1993) of 16 October 1993,

Deeply disturbed by the continued obstruction to the dispatch of the United Nations Mission in Haiti (UNMIH), pursuant to resolution 867 (1993), and the failure of the Armed Forces of Haiti to carry out their responsibilities to allow the mission to begin its work,

Having considered the reports of the Secretary-General of 26 November 1993 (S/26802), 19 January 1994 (S/1994/54), and 18 March 1994 (S/1994/311),

Stressing the continuing importance of the Governors Island Agreement of 3 July 1993 (S/26063) between the President of the Republic of Haiti and the Commander-in-Chief of the Armed Forces of Haiti towards promoting the return of peace and stability in Haiti, including the provisions of paragraph 5, under which the parties call for assistance for modernizing the Armed Forces of Haiti and establishing a new police force with the presence of United Nations personnel in these fields,

1. Takes note of the above-mentioned reports of the Secretary-General;
2. Decides to extend UNMIH's mandate until 30 June 1994;
3. Requests the Secretary-General to report to the Council at such time as conditions may exist in Haiti for the deployment of UNMIH for purposes consistent with paragraph 5 of the Governors Island Agreement, and to make specific recommendations, taking into account circumstances at the time of the report, on the composition of UNMIH and the scope of its activities within the overall personnel levels established in resolution 867 (1993);
4. Decides to remain actively seized of the matter.

RESOLUTION 917 (1994)

6 May 1994

Adopted, as orally revised in its provisional form, by unanimous vote.

Sponsors: Argentina, Canada, France, the United States of America and Venezuela.

The Security Council,

Reaffirming its resolutions 841 (1993) of 16 June 1993, 861 (1993) of 27 August 1993, 862 (1993) of 31 August 1993, 867 (1993) of 23 September 1993, 873 (1993) of 13 October 1993, 875 (1993) of 16 October 1993 and 905 (1994) of 23 March 1994,

Recalling its Presidential statements of 11 October 1993 (S/26567), 25 October 1993 (S/26633), 30 October 1993 (S/26668), 15 November 1993 (S/26747) and 10 January 1994 (S/PRST/1994/2),

Noting resolutions MRE/RES.1/91, MRE/RES.2/91, MRE/RES.3/92, MRE/RES.4/92, and MRE/RES.5/ 93, adopted by the Foreign Ministers of the Organization of American States, and resolutions CP/RES.575 (885/92) and CP/RES.594 (923/92) and declarations CP/Dec.8 (927/93), CP/Dec.9 (931/93), CP/Dec.10 (934/93) and CP/Dec.15 (967/93), adopted by the Permanent Council of the Organization of American States,

Noting in particular resolution CP/RES.610 (968/93) of 18 October 1993 of the Organization of American States,

Bearing in mind the statement of conclusions adopted at the Meeting of the Four Friends of the Secretary-General on Haiti, held in Paris on 13 and 14 December 1993 (S/26881),

Having examined the reports of the Secretary-General of 19 January 1994 (S/1994/54) and 18 March 1994 (S/1994/311) regarding the United Nations Mission in Haiti (UNMIH),

Commending the continuing efforts undertaken by the Special Envoy for Haiti of the Secretaries-General of the United Nations and the Organization of American States to bring about compliance with the Governors Island Agreement and the full restoration of democracy in Haiti,

Reaffirming that the goal of the international community remains the restoration of democracy in Haiti and the prompt return of the legitimately elected President, Jean-Bertrand Aristide, under the framework of the Governors Island Agreement,

Stressing in this context the importance of a proper and secure environment for all legislative action agreed to in the Governors Island Agreement and the New York Pact, as well as preparations for free and fair legislative elections in Haiti, as called for in the constitution, in the framework of the full restoration of democracy in Haiti,

Concerned at the continued failure of the military authorities in Haiti, including the police, to comply with their obligations under the Governors Island Agreement, and at the violations of the related New York Pact committed by political organizations party thereto in relation to the disputed elections of 18 January 1993,

Strongly condemning the numerous instances of extra-judicial killings, arbitrary arrests, illegal detentions, abductions, rape and enforced disappearances, the continued denial of freedom of expression, and the impunity with which armed civilians have been able to operate and continue operating,

Recalling that in resolution 873 (1993) the Council confirmed its readiness to consider the imposition of additional measures if the military authorities in Haiti continued to impede the activities of the United Nations Mission in Haiti (UNMIH) or failed to comply in full with its relevant resolutions and the provisions of the Governors Island Agreement,

Reaffirming its determination that, in these unique and exceptional circumstances, the situation created by the failure of the military authorities in Haiti to fulfil their obligations under the Governors Island Agreement and to comply with relevant Security Council resolutions constitutes a threat to peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Calls upon the parties to the Governors Island Agreement and any other authorities in Haiti to cooperate fully with the Special Envoy of the Secretaries-General of the United Nations and Organization of American States to bring about the full implementation of the Governors Island Agreement and thus end the political crisis in Haiti;
2. Decides that all States shall without delay deny permission to any aircraft to take off from, land in, or overfly their territory if it is destined to land in, or has taken off from the territory of Haiti, with the exception of regularly scheduled commercial passenger flights, unless the particular flight has been approved, for humanitarian purposes or for other purposes consistent with the present resolution and other relevant resolutions, by the Committee established by resolution 841 (1993);
3. Decides that all States shall without delay prevent the entry into their territories:

   (a) Of all officers of the Haitian military, including the police, and their immediate families;

   (b) Of the major participants in the coup d'etat of 1991 and in the illegal governments since the coup d'etat, and their immediate families;

   (c) Of those employed by or acting on behalf of the Haitian military, and their immediate families, unless their entry has been approved, for purposes consistent with the present resolution and other relevant resolutions, by the Committee established by resolution 841 (1993), and requests the Committee to maintain an updated list, based on information provided by States and regional organizations, of the persons falling within this paragraph;

4. Strongly urges all States to freeze without delay the funds and financial resources of persons falling within paragraph 3 above, to ensure that neither these nor any other funds and financial resources are made available, by their nationals or by any persons within their territory, directly or indirectly, to or for the benefit of such persons or of the Haitian military, including the police;
5. Decides that the provisions set forth in paragraphs 6 to 10 below, which are consistent with the embargo recommended by the Organization of American States, shall, to the extent that these measures are not already in effect under its earlier relevant resolutions, take effect no later than 2359 hours Eastern Standard Time on 21 May 1994 and requests that the Secretary-General, having regard for the views of the Secretary-General of the Organization of American States, report to the Council not later than 19 May 1994 on steps the military have taken to comply with actions required of them by the Governors Island Accord as specified in paragraph 18 below;
6. Decides that all States shall prevent:

   (a) The import into their territories of all commodities and products originating in Haiti and exported therefrom after the aforementioned date;

   (b) Any activities by their nationals or in their territories which would promote the export or transshipment of any commodities or products originating in Haiti, and any dealings by their nationals or their flag vessels or aircraft or in their territories in any commodities or products originating in Haiti and exported therefrom after the aforementioned date;

7. Decides that all States shall prevent the sale or supply by their nationals or from their territories or using their flag vessels or aircraft of any commodities or products, whether or not originating in their territories, to any person or body in Haiti or to any person or body for the purpose of any business carried on in, or operated from, Haiti, and any activities by their nationals or in their territories which promote such sale or supply of such commodities or products, provided that the prohibitions contained in this paragraph shall not apply to:

   (a) Supplies intended strictly for medical purposes and foodstuffs;

   (b) With the approval of the Committee established pursuant to resolution 841 (1993), under the no-objection procedure, other commodities and products for essential humanitarian needs;

   (c) Petroleum or petroleum products, including propane gas for cooking, authorized in accordance with paragraph 7 of resolution 841 (1993);

   (d) Other commodities and products authorized in accordance with paragraph 3 of resolution 873 (1993);

8. Decides that the prohibitions in paragraphs 6 and 7 above shall not apply to trade in informational materials, including books and other publications, needed for the free flow of information and further decides that journalists may bring in and take out their equipment subject to conditions and terms agreed by the Committee established by resolution 841 (1993);
9. Decides to prohibit any and all traffic from entering or leaving the territory or territorial sea of Haiti carrying commodities or products the export of which from Haiti or the sale or supply of which to Haiti would be prohibited under paragraphs 6 and 7 above, excepting regularly scheduled maritime shipping lines calling in Haiti with goods permitted under paragraph 7 and which are also carrying other commodities or products in transit to other destinations, subject to formal monitoring arrangements established with States cooperating with the legitimate Government of Haiti as provided in paragraph 1 of resolution 875 (1993) and paragraph 10 below;
10. Acting also under Chapter VIII of the Charter of the United Nations, calls upon Member States cooperating with the legitimate Government of Haiti, acting nationally or through regional agencies or arrangements, to use such measures commensurate with the specific circumstances as may be necessary under the authority of the Security Council to ensure strict implementation of the provisions of the present resolution and earlier relevant resolutions, and in particular to halt outward as well as inward maritime shipping as necessary in order to inspect and verify their cargoes and destinations and also to ensure that the Committee established pursuant to resolution 841 (1993) is kept regularly informed;
11. Decides that all States, including the authorities in Haiti, shall take the necessary measures to ensure that no claim shall lie at the instance of the authorities in Haiti, or of any person or body in Haiti, or of any person claiming through or for the benefit of any such person or body, in connection with the performance of a bond, financial guarantee, indemnity or engagement, issued or granted in connection with or related to the performance of any contract or transaction, where the performance of that contract or transaction was affected by the measures imposed by or pursuant to this resolution or resolutions 841 (1993), 873 (1993) and 875 (1993);
12. Calls upon all States, including States not members of the United Nations, and all international organizations, to act strictly in accordance with the provisions of the present resolution and the earlier relevant resolutions, notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted prior to the effective date of the measures in this resolution or earlier relevant resolutions;
13. Requests all States to report to the Secretary-General by 6 June 1994 on the measures they have instituted in implementation of the measures contained in the present resolution and earlier relevant resolutions;
14. Decides that the Committee established pursuant to resolution 841 (1993) shall undertake the following tasks in addition to those set out in resolutions 841 (1993), 873 (1993) and in paragraph 3 above:

    (a) To examine reports submitted pursuant to paragraph 13 above;

    (b) To seek from all States, in particular neighbouring States, further information regarding the action taken by them concerning the effective implementation of the measures contained in the present resolution and earlier relevant resolutions;

    (c) To consider any information brought to its attention by States concerning violations of the measures contained in the present resolution and earlier relevant resolutions and, in that context, to make recommendations to the Council on ways to increase their effectiveness;

    (d) To make recommendations in response to violations of the measures contained in the present resolution and earlier relevant resolutions and provide information on a regular basis to the Secretary-General for general distribution to Member States;

    (e) To consider and to decide upon expeditiously any application by States for the approval of flights or entry in accordance with paragraphs 2 and 3 above;

    (f) To amend the guidelines referred to in paragraph 10 of resolution 841 (1993) to take into account the measures contained in the present resolution;

    (g) To examine possible requests for assistance under the provisions of Article 50 of the Charter of the United Nations and to make recommendations to the President of the Security Council for appropriate action;

15. Reaffirms its request to the Secretary-General to provide all necessary assistance to the Committee and to make the necessary arrangements in the Secretariat for this purpose;
16. Decides that, until the return of the democratically elected President, it will keep under continuous review, at least on a monthly basis, all the measures in the present resolution and earlier relevant resolutions and requests the Secretary-General, having regard for the views of the Secretary-General of the Organization of American States, to report on the situation in Haiti, the implementation of the Governors Island Agreement, legislative actions including preparations for legislative elections, the full restoration of democracy in Haiti, the humanitarian situation in that country, and the effectiveness of the implementation of sanctions, with the first report not later than 30 June 1994;
17. Expresses its readiness to consider progressive suspension of the measures contained in the present resolution and earlier relevant resolutions, based on progress in the implementation of the Governors Island Agreement and the restoration of democracy in Haiti;
18. Decides that, notwithstanding paragraph 16 above, measures in the present resolution and earlier relevant resolutions will not be completely lifted until:

    (a) The retirement of the Commander-in-Chief of the Haitian Armed Forces, and the resignation or departure from Haiti of the Chief of the Metropolitan Zone of Port-au-Prince, commonly known as the Chief of Police of Port-au-Prince, and the Chief of Staff of the Haitian Armed Forces;

    (b) Completion of the changes by retirement or departure from Haiti in the leadership of the police and military high command called for in the Governors Island Agreement;

    (c) Adoption of the legislative actions called for in the Governors Island Agreement, as well as the creation of a proper environment in which free and fair legislative elections can be organized in the framework of the full restoration of democracy in Haiti;

    (d) The creation by authorities of the proper environment for the deployment of the United Nations Mission in Haiti (UNMIH);

    (e) The return in the shortest time possible of the democratically elected President and maintenance of constitutional order, these conditions being necessary for the full implementation of the Governors Island Agreement;

19. Condemns any attempt illegally to remove legal authority from the legitimately elected President, declares that it would consider illegitimate any purported government resulting from such an attempt, and decides, in such an event, to consider reimposing any measures suspended under paragraph 17 above;
20. Decides to remain actively seized of the matter.