United Nations Security Council Resolution 917 – Haiti

Resolution 917 (1994)

The Security Council,Reaffirming its resolutions 841 (1993) of 16 June 1993, 861 (1993) of27 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) of23 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 ofAmerican States, and resolutions CP/RES.575 (885/92) and CP/RES.594 (923/92) anddeclarations CP/Dec.8 (927/93), CP/Dec.9 (931/93), CP/Dec.10 (934/93) andCP/Dec.15 (967/93), adopted by the Permanent Council of the Organization ofAmerican States,Noting in particular resolution CP/RES.610 (968/93) of 18 October 1993 ofthe Organization of American States,Bearing in mind the statement of conclusions adopted at the Meeting of theFour Friends of the Secretary-General on Haiti, held in Paris on 13 and14 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 Missionin Haiti (UNMIH),

(a) Of all officers of the Haitian military, including the police, and
their immediate families;
(b) Of the major participants in the coup d’état of 1991 and in the
illegal governments since the coup d’état, 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;

undertaken by the Special Envoy for Haitiof the Secretaries-General of the United Nations and the Organization ofAmerican States to bring about compliance with the Governors Island Agreementand the full restoration of democracy in Haiti,

Reaffirming that the goal of the international community remains therestoration of democracy in Haiti and the prompt return of the legitimatelyelected President, Jean-Bertrand Aristide, under the framework of the GovernorsIsland Agreement,

Stressing in this context the importance of a proper and secure environmentfor all legislative action agreed to in the Governors Island Agreement and theNew York Pact, as well as preparations for free and fair legislative electionsin Haiti, as called for in the constitution, in the framework of the fullrestoration 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 GovernorsIsland Agreement, and at the violations of the related New York Pact committedby political organizations party thereto in relation to the disputed electionsof 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 theprovisions 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 peaceand 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 tobring about the full implementation of the Governors Island Agreement and thusend 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 ofregularly 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: