United Nations Security Council Resolution 1542 – Haiti

Resolution 1542 (2004)

The Security Council,

Recalling resolution 1529 (2004) of 29 February 2004,

Welcoming the report of the Secretary-General on 16 April 2004 (S/2004/300)and supporting its recommendations,

Affirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Haiti,

Deploring all violations of human rights, particularly against the civilian population, and urging the Transitional Government of Haiti (“TransitionalGovernment”) to take all necessary measures to put an end to impunity and toensure that the continued promotion and protection of human rights and theestablishment of a State based on the rule of law and an independent judiciary areamong its highest priorities,

Reaffirming also its resolutions 1325 (2000) on women, peace and security,1379 (2001), 1460 (2003) and 1539 (2004) on children in armed conflicts, as well as resolutions 1265 (1999) and 1296 (2000) on the protection of civilians in armedconflicts,

Welcoming and encouraging efforts by the United Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,

Commending the rapid and professional deployment of the Multinational Interim Force (MIF) and the stabilization efforts it has undertaken,

Taking note of the Political Agreement reached by some key parties on 4 April2004 and urging all parties to work without delay towards a broad political consensus on the nature and duration of the political transition,

Reiterating its call upon the international community to continue to assist andsupport the economic, social and institutional development of Haiti over the longterm, and welcoming the intention of the Organization of American States (OAS),the Caribbean Community (CARICOM), and of the international donor community,as well as international financial institutions, to participate in those efforts,

Noting the existence of challenges to the political, social and economic stability of Haiti and determining that the situation in Haiti continues to constitute athreat to international peace and security in the region,

1. Decides to establish the United Nations Stabilization Mission in Haiti(MINUSTAH), the stabilization force called for in resolution 1529 (2004), for aninitial period of six months, with the intention to renew for further periods; andrequests that authority be transferred from the MIF to MINUSTAH on 1 June 2004;

2. Authorizes remaining elements of the MIF to continue carrying out itsmandate under UNSCR 1529 (2004) within the means available for a transitionperiod not exceeding 30 days from 1 June 2004, as required and requested byMINUSTAH;

3. Requests the Secretary-General to appoint a Special Representative in Haiti who will have overall authority on the ground for the coordination andconduct of all the activities of the United Nations agencies, funds and programmesin Haiti;

4. Decides that MINUSTAH will consist of a civilian and a militarycomponent in accordance with the Secretary-General’s report on Haiti (S/2004/300):a civilian component will include a maximum of 1,622 Civilian Police, includingadvisers and formed units and a military component to include up to 6,700 troops ofall ranks; and requests further that the military component report directly to theSpecial Representative through the force commander;

5. Supports the establishment of a Core Group chaired by the Special Representative and comprising also his/her Deputies, the Force Commander,representatives of OAS and CARICOM, other regional and subregionalorganizations, international financial institutions and other major stakeholders, inorder to facilitate the implementation of MINUSTAH’s mandate, promoteinteraction with the Haitian authorities as partners, and to enhance the effectivenessof the international community’s response in Haiti, as outlined in the Secretary-General’s report (S/2004/300);

6. Requests that in carrying out its mandate, MINUSTAH cooperate andcoordinate with the OAS and CARICOM;

7. Acting under Chapter VII of the Charter of the United Nations with regard to Section I below, decides that MINUSTAH shall have the followingmandate:I. Secure and Stable Environment:

(a) in support of the Transitional Government, to ensure a secure and stableenvironment within which the constitutional and political process in Haiti can take place;

(b) to assist the Transitional Government in monitoring, restructuring and reforming the Haitian National Police, consistent with democratic policing standards, including through the vetting and certification of its personnel, advisingon its reorganization and training, including gender training, as well asmonitoring/mentoring members of the Haitian National Police;

(c) to assist the Transitional Government, particularly the Haitian National Police, with comprehensive and sustainable Disarmament, Demobilization and Reintegration (DDR) programmes for all armed groups, including women andchildren associated with such groups, as well as weapons control and public security measures;

(d) to assist with the restoration and maintenance of the rule of law, publicsafety and public order in Haiti through the provision inter alia of operational support to the Haitian National Police and the Haitian Coast Guard, as well as with their institutional strengthening, including the re-establishment of the corrections system;

(e) to protect United Nations personnel, facilities, installations andequipment and to ensure the security and freedom of movement of its personnel,taking into account the primary responsibility of the Transitional Government in thatregard;

(f) to protect civilians under imminent threat of physical violence, within itscapabilities and areas of deployment, without prejudice to the responsibilities of theTransitional Government and of police authorities;

II. Political Process:

(a) to support the constitutional and political process under way in Haiti,including through good offices, and foster principles and democratic governanceand institutional development;

(b) to assist the Transitional Government in its efforts to bring about aprocess of national dialogue and reconciliation;

(c) to assist the Transitional Government in its efforts to organize, monitor,and carry out free and fair municipal, parliamentary and presidential elections at theearliest possible date, in particular through the provision of technical, logistical, andadministrative assistance and continued security, with appropriate support to anelectoral process with voter participation that is representative of the nationaldemographics, including women;

(d) to assist the Transitional Government in extending State authority throughout Haiti and support good governance at local levels;

III. Human Rights:

(a) to support the Transitional Government as well as Haitian human rightsinstitutions and groups in their efforts to promote and protect human rights,particularly of women and children, in order to ensure individual accountability forhuman rights abuses and redress for victims;

(b) to monitor and report on the human rights situation, in cooperation withthe Office of the United Nations High Commissioner for Human Rights, including on the situation of returned refugees and displaced persons;

8. Decides that MINUSTAH in collaboration with other partners shall provide advice and assistance within its capacity to the Transitional Government:

(a) in the investigation of human rights violations and violations ofinternational humanitarian law, in collaboration with the Office of the HighCommissioner for Human Rights, to put an end to impunity;

(b) in the development of a strategy for reform and institutionalstrengthening of the judiciary;

9. Decides further that MINUSTAH shall coordinate and cooperate with theTransitional Government as well as with their international partners, in order tofacilitate the provision and coordination of humanitarian assistance, and access ofhumanitarian workers to Haitian people in need, with a particular focus on the mostvulnerable segments of society, particularly women and children;

10. Authorizes the Secretary-General to take all necessary steps to facilitate and support the early deployment of MINUSTAH in advance of the United Nations assumption of responsibilities from the Multinational Interim Force;

11. Requests the Haitian authorities to conclude a status-of-force agreement with the Secretary-General within 30 days of adoption of this resolution, and notes that pending the conclusion of such an agreement the model status-of-force agreement dated 9 October 1990 (A/45/594) shall apply provisionally;

12. Demands strict respect for the persons and premises of the United Nations and associated personnel, the OAS, CARICOM and other international and humanitarian organizations, and diplomatic missions in Haiti, and that no acts of intimidation or violence be directed against personnel engaged in humanitarian,development or peacekeeping work; demands further that all parties in Haiti provide safe and unimpeded access to humanitarian agencies to allow them to carry out theirwork;

13. Emphasizes the need for Member States, United Nations organs, bodiesand agencies and other international organizations, in particular OAS and CARICOM, other regional and subregional organizations, international financial institutions and non-governmental organizations to continue to contribute to the promotion of the social and economic development of Haiti, in particular for the long-term, in order to achieve and sustain stability and combat poverty;

14. Urges all the above-mentioned stakeholders, in particular the UnitedNations organs, bodies, and agencies to assist the Transitional Government of Haitiin the design of a long-term development strategy to this effect;

15. Calls on the Member States to provide substantial international aid tomeet the humanitarian needs in Haiti and to permit the reconstruction of the country,utilizing relevant coordination mechanisms, and further calls upon States, inparticular those in the region, to provide appropriate support for the actionsundertaken by the United Nations organs, bodies and agencies;

16. Requests the Secretary-General to provide an interim report to the Council on the implementation of this mandate, and to provide an additional reportprior to the expiration of the mandate, containing recommendations to the Councilon whether to extend, restructure or reshape the mission to ensure the mission andits mandate remain relevant to changes in Haiti’s political, security and economicdevelopment situation;

17. Decides to remain seized of the matter.

Adopted by the Security Council at its 4961st meeting,on 30 April 2004.