Sanctions expanded to secure compliance with 1993 agreement - Haiti; Governors Island Agreement

UN Chronicle, Sept, 1994

The sanctions regime against Haiti was expanded by the Security Council on 6 May to include a comprehensive commercial embargo--effective 21 May--aimed at bringing about compliance by the Haitian military authorities with the Island Agreement.

In that 3 July 1993 accord, exiled President Jean-Bertrand Aristide--ousted in a September 1991 coup--and Lt. Gen. Raoul Cedras, Commander-in-Chief of the Haitian Armed Forces, had agreed to a political dialogue, under the auspices of the UN and the Organization of American States (OAS), aimed at reaching a political truce and promoting a social pact to create conditions for a peaceful transition. Under the Agreement, President Aristide was to have returned to Haiti by 30 October 1993.

In unanimously adopting resolution 917 (1994), the Council decided that the sanctions would "not be completely lifted" until: the retirement of the Commander-in-Chief of the Armed Forces and the departure from Haiti of the leaders of the police and military high command, including the Chief of Police of Port-au-Prince and the Chief of Staff of the Armed Forces; adoption of the legislative actions called for in the Governors Island Agreement; creation of the proper environment for the deployment of the UN Mission in Haiti (UNMIH); and return of the democratically elected President.

The parties to the Agreement and any other authorities in Haiti were called upon to "cooperate fully" with Dante Caputo, Special Envoy of the Secretaries-General of the UN and OAS, to "bring about the full implementation of the Governors Island Agreement and thus end the political crisis in Haiti".

Under resolution 917, all States were also to prevent the entry into their territories of Haitian military officers, including the police, and those employed by or acting on their behalf, as well as their immediate families. States were strongly urged to freeze the funds and financial resources of those persons.

The Council called on States cooperating with the legitimate Government of Haiti, acting nationally or through regional arrangements, to use the necessary measures to ensure strict implementation of Council decisions, in particular to "halt outward as well as inward maritime shipping" in order to inspect and verify their cargoes and destinations.

In addition, all States were called upon to:

* deny permission to any aircraft to take off from, land in, or overfly their territory if it was destined to land in or had taken off from the territory of Haiti, with the exception of regularly scheduled commercial passenger flights;

* prevent the import, export or transshipment of products originating in Haiti into their territories; and

* prevent the sale or supply of any commodities or products to any person, body or business carried on in, or operated from Haiti, with the exception of medical supplies, foodstuffs, products for essential humanitarian needs, petroleum or petroleum products, including propane gas for cooking, and other products authorized in accordance with resolution 873 (1993), which re-established the sanctions regime against Haiti.

Further, all traffic carrying products to and from Haiti was prohibited from entering or leaving the territory of Haiti, except for regularly scheduled maritime shipping lines calling in with goods permitted under the above provision. Also excluded from the prohibitions was trade in informational materials, such as books and other publications, needed for the free flow of information.

On 15 June, the Security Council Committee established under resolution 841 (1993) to monitor compliance with the embargo against Haiti stated that the measures envisaged under resolution 917 and other relevant Council resolutions "should not apply to functioning of foreign diplomatic and consular missions" in Haiti, which remained subject to the Vienna Conventions on Diplomatic and Consular Relations of 1961 and 1963.

Illegal attempt

On 11 May Security Council members strongly condemned the illegal attempt by the military junta to replace Mr. Aristide, the legitimate President of Haiti.

In a statement by Council President Ibrahim A. Gambari of Nigeria, it was stressed that participants in illegal governments in Haiti were subject to travel restrictions and freezing of funds and financial resources, as provided for in resolution 917.

Council members also reaffirmed their determination to ensure full compliance with all relevant Council resolutions, as well as their commitment to the "restoration of democracy in Haiti and the return of President Aristide, under the framework of the Governors Island Agreement".

Resolution 933: UNMIH extended

Strongly deploring the refusal of the Haitian military authorities to implement the Governors Island Agreement, the Security Council on 30 June extended the mandate of UNMIH until 31 July.

In unanimously adopting resolution 933 (1994), the Council asked the Secretary-General to make, by 15 July, "specific recommendations on the strength, composition, cost and duration of UNMIH, appropriate to its expansion and deployment", after the departure of the senior Haitian military leadership.