Balboni, Marco

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Almae Matris Studiorum Campus

UNITED SNATIONSSecurity CouncilDistr.GENERALS/RES/940 (1994)31 July 1994RESOLUTION 940 (1994)Adopted by the Security Council at its 3413th meeting,on 31 July 1994The 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, 905 (1994) of23 March 1994, 917 (1994) of 6 May 1994 and 933 (1994) of 30 June 1994,Recalling the terms of the Governors Island Agreement (S/26063) and therelated Pact of New York (S/26297),Condemning the continuing disregard of those agreements by the illegalde facto regime, and the regime’s refusal to cooperate with efforts by theUnited Nations and the Organization of American States (OAS) to bring abouttheir implementation,Gravely concerned by the significant further deterioration of thehumanitarian situation in Haiti, in particular the continuing escalation by theillegal de facto regime of systematic violations of civil liberties, thedesperate plight of Haitian refugees and the recent expulsion of the staff ofthe International Civilian Mission (MICIVIH), which was condemned in itsPresidential statement of 12 July 1994 (S/PRST/1994/32),Having considered the reports of the Secretary-General of 15 July 1994(S/1994/828 and Add.1) and 26 July 1994 (S/1994/871),Taking note of the letter dated 29 July 1994 from the legitimately electedPresident of Haiti (S/1994/905, annex) and the letter dated 30 July 1994 fromthe Permanent Representative of Haiti to the United Nations (S/1994/910),Reiterating its commitment for the international community to assist andsupport the economic, social and institutional development of Haiti,94-31222 (E) /...S/RES/940 (1994)Page 2Reaffirming that the goal of the international community remains therestoration of democracy in Haiti and the prompt return of the legitimatelyelected President, Jean-Bertrand Aristide, within the framework of the GovernorsIsland Agreement,Recalling that in resolution 873 (1993) the Council confirmed its readinessto consider the imposition of additional measures if the military authorities inHaiti 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,Determining that the situation in Haiti continues to constitute a threat topeace and security in the region,1. Welcomes the report of the Secretary-General of 15 July 1994(S/1994/828) and takes note of his support for action under Chapter VII of theCharter of the United Nations in order to assist the legitimate Government ofHaiti in the maintenance of public order;2. Recognizes the unique character of the present situation in Haiti andits deteriorating, complex and extraordinary nature, requiring an exceptionalresponse;3. Determines that the illegal de facto regime in Haiti has failed tocomply with the Governors Island Agreement and is in breach of its obligationsunder the relevant resolutions of the Security Council;4. Acting under Chapter VII of the Charter of the United Nations,authorizes Member States to form a multinational force under unified command andcontrol and, in this framework, to use all necessary means to facilitate thedeparture from Haiti of the military leadership, consistent with the GovernorsIsland Agreement, the prompt return of the legitimately elected President andthe restoration of the legitimate authorities of the Government of Haiti, and toestablish and maintain a secure and stable environment that will permitimplementation of the Governors Island Agreement, on the understanding that thecost of implementing this temporary operation will be borne by the participatingMember States;5. Approves the establishment, upon adoption of this resolution, of anadvance team of UNMIH of not more than sixty personnel, including a group ofobservers, to establish the appropriate means of coordination with themultinational force, to carry out the monitoring of the operations of themultinational force and other functions described in paragraph 23 of the reportof the Secretary-General of 15 July 1994 (S/1994/828), and to assessrequirements and to prepare for the deployment of UNMIH upon completion of themission of the multinational force;6. Requests the Secretary-General to report on the activities of the teamwithin thirty days of the date of deployment of the multinational force;7. Decides that the tasks of the advance team as defined in paragraph 5above will expire on the date of termination of the mission of the multinationalforce;/...S/RES/940 (1994)Page 38. Decides that the multinational force will terminate its mission andUNMIH will assume the full range of its functions described in paragraph 9 belowwhen a secure and stable environment has been established and UNMIH has adequateforce capability and structure to assume the full range of its functions; thedetermination will be made by the Security Council, taking into accountrecommendations from the Member States of the multinational force, which arebased on the assessment of the commander of the multinational force, and fromthe Secretary-General;9. Decides to revise and extend the mandate of the United Nations Missionin Haiti (UNMIH) for a period of six months to assist the democratic Governmentof Haiti in fulfilling its responsibilities in connection with:(a) sustaining the secure and stable environment established during themultinational phase and protecting international personnel and keyinstallations; and(b) the professionalization of the Haitian armed forces and the creationof a separate police force;10. Requests also that UNMIH assist the legitimate constitutionalauthorities of Haiti in establishing an environment conducive to theorganization of free and fair legislative elections to be called by thoseauthorities and, when requested by them, monitored by the United Nations, incooperation with the Organization of American States (OAS);11. Decides to increase the troop level of UNMIH to 6,000 and establishesthe objective of completing UNMIH’s mission, in cooperation with theconstitutional Government of Haiti, not later than February 1996;12. Invites all States, in particular those in the region, to provideappropriate support for the actions undertaken by the United Nations and byMember States pursuant to this and other relevant Security Council resolutions;13. Requests the Member States acting in accordance with paragraph 4 aboveto report to the Council at regular intervals, the first such report to be madenot later than seven days following the deployment of the multinational force;14. Requests the Secretary-General to report on the implementation of thisresolution at sixty-day intervals starting from the date of deployment of themultinational force;15. Demands strict respect for the persons and premises of the UnitedNations, the Organization of American States, other international andhumanitarian organizations and diplomatic missions in Haiti, and that no acts ofintimidation or violence be directed against personnel engaged in humanitarianor peace-keeping work;16. Emphasizes the necessity that, inter alia:(a) All appropriate steps be taken to ensure the security and safety ofthe operations and personnel engaged in such operations; and/...S/RES/940 (1994)Page 4(b) The security and safety arrangements undertaken extend to all personsengaged in the operations;17. Affirms that the Council will review the measures imposed pursuant toresolutions 841 (1993), 873 (1993) and 917 (1994), with a view to lifting themin their entirety, immediately following the return to Haiti ofPresident Jean-Bertrand Aristide;18. Decides to remain actively seized of the matter.-----

S RES 940 (1994)

http://campus.unibo.it/36975/1/S_RES_940_%281994%29.pdf

S RES 940 (1994)

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