United Nations Security Council Act 1947

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-02022024-251749 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 417] NEW DELHI, FRIDAY, FEBRUARY 2, 2024/MAGHA 13, 1945 MINISTRY OF EXTERNAL AFFAIRS ORDER New Delhi, the 2nd February, 2024 S.O. 445(E). In exercise of the powers conferred by section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947), the Central Government hereby makes the following order to implement the Resolutions 2653 (2022) and 2699 (2023) of the United Nations Security Council adopted under the Chapter VII of the Charter of the United Nations, namely :- 1. Short title and commencement.– (1) This order may be called the Implementation of the United Nations Security Council Resolutions on Haiti order, 2023. (2) It shall come into force on the date of its publication in the Official Gazette. 2. Definitions.- (1) In this order, unless the context otherwise requires,- (a) "asset Freeze" means freezing or restricting or regulating the funds, other financial resources and economic resources by the Central Government pursuant to paragraphs 6, 7, 8, 9 and 10 of the Resolution 2653 (2022); (b) "arms Embargo" means preventing direct or indirect supply, sale or transfer of small arms, light weapons and ammunition by the Central Government pursuant to paragraph 14 of the Resolution 2699 (2023); (c) "Committee" means the Sanctions Committee established by the Security Council of the United Nations in accordance with paragraph 19 of the Resolution 2653 (2022); (d) "Resolution" means the Resolution 2653 (2022) of the Security Council of the United Nations adopted on the 21st October, 2022 and Resolution 2699 (2023) adopted by the Security Council on the 2nd October, 2023 under Chapter VII of the Charter of the United Nations on Mali appended to this order as Annexure I and Annexure II, respectively; (e) "travel Ban" means travel ban or restrictions as imposed by the Central Government pursuant to paragraphs 3, 4 and 5 of the Resolution 2653 (2022). (2) Words and expressions used but not defined in this order and defined in any other law for the time being in force shall have the meanings respectively assigned to them in such laws. 3. Application of order to individuals and entities.- (1) The Resolutions 2653 (2022) and 2699 (2023), which are at Annexure I and Annexure II, respectively, shall be considered as part of this order. (2) The following individuals or entities designated by the Committee are subject to asset freeze, arms embargo and travel ban until the 1st October, 2024 as extended by the Resolution 2699 (2023) or until such other time as may be extended by the United Nations Security Council, namely: TABLE A. Individuals.- HTi.001 Name: 1: JIMMY 2: CHERIZIER 3: na 4: na Title: na Designation: Former Police Officer DOB: 30 March 1977 POB: Port-au-Prince, Haiti Good quality a.k.a.: na Low quality a.k.a.: BARBEQUE Nationality: Haitian Passport no: na National identification no: 001-843-989-7 (NIF - Haiti) Address: 16, Imp Manius, Delmas 40 B, Port-au-Prince, Haiti Listed on: 21 Oct. 2022, (amended on: 20 Oct. 2023) Other information: Jimmy Cherizier (AKA “Barbeque") has engaged in acts that threaten the peace, security, and stability of Haiti and has planned, directed, or committed acts that constitute serious human rights abuses. Jimmy Cherizier is one of Haiti's most influential gang leaders and leads an alliance of Haitian gangs known as the "G9 Family and Allies". HTi.002 Name: 1: JOHNSON 2: ANDRE 3: na 4: na Title: na Designation: Leader of 5 Segond gang DOB:1997 POB: Port-au-Prince, Haiti Good quality a.k.a.: na Low quality a.k.a.: Izo Nationality: Haiti Passport no: na National identification no: na Address: na Listed on: 08 Dec. 2023Other information: Gender: Male HTi.003 Name: 1: RENEL2: DESTINA 3:na 4: na Title: na Designation: Main leader of Grand Ravine gang DOB: 11 Jun. 1982POB: Haiti Good quality a.k.a.: naLow quality a.k.a.: Ti Lapli Nationality: Haiti Passport no: naNational identification no: na Address: na Listed on: 08 Dec. 2023Other information: Gender: Male HTi.004 Name: 1: WILSON2: JOSEPH 3: na 4: na Title: na Designation: Leader of 400 Mawozo gang DOB: 28 Feb. 1993 POB: HaitiGood quality a.k.a.: naLow quality a.k.a.: Lanmo San Jou Nationality: Haiti Passport no: na National identification no: na Address: na Listed on: 08 Dec. 2023 Other information: Gender: Male HTi.005 Name: 1: VITELHOMME2: INNOCENT 3: na 4: na Title: NA Designation: Leader of Kraze Barye gang.DOB: 27 Mar. 1986 POB: Port-au-Prince, Haiti Good quality a.k.a.: NALow quality a.k.a.: NA Nationality: Haiti Passport no: NANational identification no:Haiti004-341-263- 3Address: 64, Soisson, Tabarre 49, Port-au-Prince, Haiti Listed on: 08 Dec.2023 Other information: Gender: Male B. Entities and other groups.- [F. No. U.II/152/22/2023] EENAM GAMBHIR, Jt. Secy. Annexure I United Nations Security Council Resolution S/RES/2653 (2022) Adopted by the Security Council at its 9159th meeting, on 21 October, 2022 The Security Council, Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Haiti, Recalling all its previous resolutions on Haiti, in particular its resolution 2645 (2022), which inter alia extended the mandate of the United Nations Integrated Office in Haiti (BINUH) for one year, demanded an immediate cessation of gang violence and criminal activity, and expressed the Council's readiness to take appropriate measures, as necessary, against those engaged in or supporting gang violence, criminal activities or human rights abuses, or who otherwise take action that undermines the peace, stability, and security of Haiti and the region, Noting with deep concern the protracted and deteriorating political, institutional, economic, security, human rights, humanitarian and food security crises in Haiti and reaffirming the commitment of the international community to continue to support the people of Haiti, Recognizing that exclusion and inequality have an impact as aggravating factors in the situation concerning Haiti, Stressing the primary responsibility of the Government of Haiti to address longstanding drivers of instability and inequality, Reiterating the need to reach an urgent agreement on a sustainable, time-bound and commonly accepted framework for a political process led by Haitians to permit the organization of inclusive, free and fair legislative and presidential elections, carried out in a transparent manner, as soon as security conditions and logistical preparations permit, and with the full, equal and meaningful participation of women and the engagement of youth, civil society, and other relevant stakeholders, and recalling its request to the Government of Haiti to provide an update on the political process, Expressing grave concern about the extremely high levels of gang violence and other criminal activities, including kidnappings, trafficking in persons and the smuggling of migrants, and homicides, and sexual and gender-based violence including rape and sexual slavery, as well as ongoing impunity for perpetrators, corruption and recruitment of children by gangs and the implications of Haiti's situation for the region, Concerned that illicit trafficking and diversion of arms and related materiel of all types contributes to undermining the rule of law and respect for human rights, and can impede the provision of humanitarian assistance and have wide ranging negative humanitarian and socioeconomic consequences, Noting the need to prohibit the transfer of small arms, light weapons, and ammunition to non-state actors engaged in or supporting gang violence, criminal activities, or human rights abuses in Haiti, as well as to prevent their illicit trafficking and diversion, Encouraging cooperation between Member States to prevent illicit arms trafficking and diversion, including through providing and exchanging timely and up to date information in order to identify and combat illicit trafficking sources and supply chains, Acknowledging the urgent need to address the illicit financial flows to Haiti enabling armed gangs to operate and posing a growing threat to the country's stability, including by prioritizing breaking links between political and economic actors and gangs, Expressing concerns about the Haitian National Police's lack of access to vital ports which are largely under the control of gangs, and further demanding to stop the illegal occupation of ports and fuel terminals by gangs, Welcoming the launch of technical programmes by the United Nations Office on Drugs and Crime (UNODC) to assist national authorities to promote border and ports control, trace illicit financial flows, collaborate across borders to combat transnational crime, corruption, and drug and arms trafficking, including through the UNODC–World Customs Organization (WCO) Container Control Programme in Haiti and border management programmes, and further welcoming the Caribbean Community's (CARICOM) regional roadmap to combat the trafficking of firearms, Recognizing the important role of neighboring countries, regional and subregional organizations such as CARICOM, and other international partners, Expressing deep concern at the persistent and destabilizing criminal activities perpetrated by armed gangs in Haiti and the unabated transfer of small arms, light weapons, and ammunition to actors engaged in or supporting gang violence, Condemning attacks and kidnappings of UN personnel, violence against diplomatic premises, and the looting of humanitarian aid, and recalling that the primary responsibility for the safety and security of United Nations personnel and assets rests with the host state, Calling upon all actors in Haiti to issue clear orders prohibiting all human rights violations and abuses, and underscoring the necessity for all actors to ensure immediate, safe and unhindered access by humanitarian organizations, Stressing that the measures imposed by this resolution are not intended to have adverse humanitarian consequences for the civilian population of Haiti, Recognizing the need to ensure that fair and clear procedures exist for delisting individuals, groups, undertakings, and entities designated pursuant to this resolution and expressing its intent to consider authorizing the Ombudsperson to receive such delisting requests, Determining that the situation in Haiti continues to constitute a threat to international peace and security in the region, Acting under Chapter VII of the Charter of the United Nations, 1. Demands an immediate cessation of violence, criminal activities, and human rights abuses which undermine the peace, stability and security of Haiti and the region, including kidnappings, sexual and gender-based violence, trafficking in persons and the smuggling of migrants, and homicides, extrajudicial killings and recruitment of children by armed groups and criminal networks; 2. Urges all political actors to constructively engage in meaningful negotiations to overcome the current political stalemate in order to allow the holding of inclusive, free and fair legislative and presidential elections, as soon as the local security situation permits; Travel Ban 3. Decides that, for an initial period of one year from the date of adoption of this resolution, all Member States shall take the necessary measures to prevent the entry into or transit through their territories of any individuals designated by the Committee established pursuant to paragraph 19 below, provided that nothing in the present paragraph shall oblige a State to refuse its own nationals entry into its territory; 4. Notes that designated individuals may have multiple nationalities or passports, expresses its concern that travel between the two States of which a designated individual has nationality or a passport may undermine the objectives of the travel ban imposed in paragraph 3, and requests that the Panel of Experts established in paragraph 21 of this resolution (the “Panel of Experts") report to the Committee information about such travel; 5. Decides that the measures imposed by paragraph 3 above shall not apply: a. Where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation; b. Where entry or transit is necessary for the fulfillment of a judicial process; and c. Where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and stability in Haiti; Asset Freeze 6. Decides that, for an initial period of one year from the date of adoption of this resolution, all Member States shall freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by any individuals or entities listed in the Annex to this resolution or designated by the Committee, or by any individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, and decides further that all Member States shall ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly, to or for such individuals' or entities' benefit, by their nationals or by persons within their territory; 7. Decides that the measures imposed by paragraph 6 above do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States: a. To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification; b. To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State or Member States to the Committee and has been approved by the Committee; c. To be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant State or Member States to the Committee; 8. Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 6 above of interests or other earnings due on those accounts or any payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continues to be subject to these provisions and are frozen; 9. Decides that the measures in paragraph 6 above shall not prevent a designated individual or entity from making payment due under a contract entered into prior to the listing of such an individual or entity, provided that the relevant States have determined that the payment is not directly or indirectly received by an individual or entity designated pursuant to paragraph 6 above, and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization; 10. Decides that without prejudice to humanitarian assistance programmes conducted elsewhere, the measures imposed by paragraph 6 of this resolution shall not apply to the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance or to support other activities that support basic human needs in Haiti, by the United Nations, its specialised agencies or programmes, humanitarian organisations having observer status with the United Nations General Assembly that provide humanitarian assistance, and their implementing partners including bilaterally or multilaterally funded non- governmental organisations participating in the United Nations Humanitarian Response Plan for Haiti; Targeted Arms Embargo 11. Decides that, for an initial period of one year from the date of adoption of this resolution, all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to, or for the benefit of, the individuals and entities designated by the Committee from or through their territories or by their nationals, or using their flag vessels or aircraft of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories; 12. Encourages Member States to ensure adequate marking and recordkeeping measures are in place to trace arms, including small arms and light weapons, in accordance with the international and regional instruments to which they are parties, and to consider how best to assist, where relevant and upon their request, neighboring countries in preventing and detecting illicit trafficking and diversion in violation of measures imposed in paragraph 11 of this resolution; 13. Calls upon all States, in particular regional countries, to inspect, in accordance with their national authorities and legislation, and consistent with international law, all cargo to Haiti in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, transfer, or export of which is prohibited by paragraph 11 of this resolution for the purpose of ensuring strict implementation of those provisions; 14. Encourages regional land, air, and maritime cooperation, as applicable, to detect and prevent violations of measures imposed in paragraph 11 of this resolution, as well as to report cases of violations in a timely manner to the Committee established pursuant to paragraph 19 below; Sanctions Designation Criteria 15. Decides that the provisions of paragraph 3 shall apply to individuals, and that the provisions of paragraphs 6 and 11 shall apply to individuals and entities, as designated for such measures by the Committee established pursuant to paragraph 19 of this resolution, as responsible for or complicit in, or having engaged in, directly or indirectly, actions that threaten the peace, security or stability of Haiti; 16. Decides that such actions as described in paragraph 15 above include, but are not limited to: a. Engaging in, directly or indirectly, or supporting criminal activities and violence involving armed groups and criminal networks that promote violence, including forcible recruitment of children by such groups and networks, kidnappings, trafficking in persons and the smuggling of migrants, and homicides and sexual and gender-based violence; b. Supporting illicit trafficking and diversion of arms and related materiel, or illicit financial flows related thereto; c. Acting for or on behalf of or at the direction of or otherwise supporting or financing an individual or entity designated in connection with the activity described in subparagraphs (a) and (b) above, including through the direct or indirect use of the proceeds from organized crime, including proceeds from illicit production and trafficking in drugs and their precursors originating in or transiting through Haiti, the trafficking in persons and the smuggling of migrants from Haiti, or the smuggling and trafficking of arms to or from Haiti; d. Acting in violation of the arms embargo established in paragraph 11 of this resolution, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in Haiti, or as having been the recipient of, arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in Haiti; e. Planning, directing, or committing acts that violate international human rights law or acts that constitute human rights abuses, including those involving extrajudicial killing, including of women and children, and the commission of acts of violence, abduction, enforced disappearances, or kidnappings for ransom in Haiti; f. Planning, directing or committing acts involving sexual and gender-based violence, including rape and sexual slavery, in Haiti; g. Obstructing delivery of humanitarian assistance to Haiti or access to, or distribution of, humanitarian assistance in Haiti; h. Attacking personnel or premises of United Nations missions and operations in Haiti, providing support for such attacks; 17. Demands that States ensure that all measures taken by them to implement this resolution comply with their obligations under international law, including international humanitarian law, international human rights law and international refugee law, as applicable; 18. Decides that the individual listed in the annex of this resolution shall be subject to the measures imposed by paragraphs 3, 6 and 11 above; Sanctions Committee 19. 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 (herein “the Committee"), to undertake the following tasks: a. To monitor implementation of the measures imposed in paragraphs 3, 6, and 11 above with a view to strengthening, facilitating and improving implementation of these measures by Member States, and to consider and decide upon requests for exemptions set out in paragraph 5 and 7 of this resolution; b. To seek and review information regarding those individuals and entities who may be engaging in the acts described in paragraph 15 and 16 above; c. To designate individuals and entities to be subject to the measures imposed in paragraphs 3, 6, and 11 above; d. To establish and promulgate such guidelines as may be necessary to facilitate the implementation of the measures imposed above; e. To report within 60 days to the Security Council on its work with its observations and recommendations, in particular on ways to strengthen the effectiveness of the measures imposed by paragraphs 3, 6, and 11 of this resolution and thereafter to report on an annual basis; f. To encourage a dialogue between the Committee and interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures; g. To seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed; h. To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in paragraphs 3, 6, and 11; 20. Directs the Committee to cooperate with other relevant Security Council Sanctions Committees; Reporting 21. Requests the Secretary-General to create for an initial period of 13 months, in consultation with the Committee, a group of 4 experts (“Panel of Experts"), under the direction of the Committee and to make the necessary financial and security arrangements to support the work of the Panel, and decides that the Panel shall carry out the following tasks: a. Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee at any time with information relevant to the potential designation at a later stage of individuals and entities who may be engaging in the activities described in paragraphs 15 and 16 above; b. Gather, examine and analyze information from States, relevant UN bodies, regional organizations and other interested parties regarding the implementation of the measures decided in this resolution, in particular incidents regarding the source and routes of arms trafficking to Haiti and incidents of undermining the political transition; c. Provide to the Council, after discussion with the Committee, an interim report by 15 March 2023, a final report no later than 15 September 2023, and periodic updates in between; d. To assist the Committee in refining and updating information on the list of individuals and entities subject to measures imposed pursuant to paragraphs 3, 6, and 11 of this resolution, including through the provision of identifying information and additional information for the publicly available narrative summary of reasons for listing; 22. Directs the Panel to cooperate with BINUH, the UNODC, CARICOM and relevant expert groups established by the Security Council to support the work of its Sanctions Committees, as appropriate; 23. Urges all parties and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts and further urges all Member States involved to ensure the safety of the members of the Panel of Experts and unhindered access, in particular to persons, documents and sites in order for the Panel to execute its mandate; 24. Notes that the selection process of the experts composing the Panel should prioritize appointing individuals with the strongest qualifications to fulfil the duties described above while paying due regard to the importance of regional and gender representation in the recruitment process; Review 25. Affirms that it shall keep the situation in Haiti under continuous review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including the strengthening, modification, suspension or lifting of the measures, as may be needed at any time in light of progress achieved on the following key benchmarks: a. When the Government of Haiti has developed adequate judicial and rule of law capacity to handle armed groups and criminal-related activities; b. Progressive reduction in the amount of violence committed by armed groups and criminal networks, including the number of intentional homicides, kidnappings and incidents of sexual and gender-based violence, as measured on an annual basis, beginning over the initial period of twelve months from adoption of this resolution; c. Progress on benchmarks 2, 3, 4, and related targets as outlined in the Secretary-General's report of 13 June 2022 (S/2022/481); d. Progressive decrease in the number of incidents of illicit trafficking and diversion of arms, as well as illicit financial flows there from, including by increasing the number and volume of arms seizures, as measured on an annual basis, beginning over the initial period of twelve months from adoption of this resolution; 26. Requests in this regard the Secretary-General, in close coordination with the Panel of Experts, to conduct, no later than 15 September 2023, an assessment of progress achieved on the key benchmarks established in the paragraph above; 27. Invites the UNODC to work with BINUH and the Panel of Experts, as appropriate, and to report to the Committee on recommendations to stem illicit financial flows and trafficking and diversion of arms related materiel in Haiti; 28. Decides to remain actively seized of the matter. Annexure II United Nations Security Council Resolution S/RES/2699 (2023) Adopted by the Security Council at its 9430th meeting, on 2 October, 2023 The Security Council, Recalling all its previous resolutions and press statements, and reaffirming resolution 2692 (2023), on the situation in Haiti, Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Haiti, Emphasizing that the Government of Haiti has the primary responsibility for the provision of security, ensuring stability and respect for the rule of law and human rights, and for the protection of civilians across the territory of Haiti, and expressing great concern at the increasingly violent actions taken by armed groups and criminal networks, Reaffirming the importance of a professional, self-sustaining, fully functioning Haitian National Police of adequate size, structure and equipment, able to conduct the full spectrum of police functions, for the maintenance of public safety, respect for human rights, consolidation of democracy and the revitalization of Haiti's system of justice and encouraging Haiti to pursue actively its plans in these respects, Condemning in the strongest terms the increasing violence, criminal activities, and human rights abuses and violations which undermine the peace, stability, and security of Haiti and the region, including kidnappings, sexual and gender- based violence, trafficking in persons and the smuggling of migrants, homicides, extrajudicial killings, as well as arms smuggling, Strongly condemning and expressing deep concern over the gravity and numbers of violations and abuses committed against children in Haiti; and urging all actors, especially gangs and criminal networks, to immediately end and prevent all violations and abuses against children, including those involving killing and maiming, recruitment and use, rape and other forms of sexual and gender-based violence, particularly against girls, attacks on schools and hospitals, abduction, and denial of humanitarian access, Urging all actors, including Haitian gangs and their supporters, to cease their destabilizing and criminal activities, and further urging those with the ability to influence the gangs to act to stop the blocking of roads required for the supplying of and access to local markets and the damaging of sources of food, including crops and livestock, as well as medical, and humanitarian supplies, and highlighting the link between violence and food insecurity, that has reached unprecedented levels, Stressing the need to create a safe and secure environment in Haiti and the region that enables respect for human rights, in particular women's rights, and the protection of children, is conducive to the rule of law, functional state institutions and an effective judicial system, and facilitates the humanitarian delivery of life -sustaining water, fuel, food, and medical supplies, Recalling its resolution 2653 (2022), which established sanctions measures in response to the threat to international peace and security in the region posed by the high levels of gang violence and other criminal activities, as well as of illicit arms and financial flows, and further recalling resolution 2664 (2022) which supersedes the asset freeze exception set forth in paragraph 10 of resolution 2653, Reaffirming the commitment of the international community to address the security and humanitarian needs in Haiti, including through offering continued support to the United Nations Integrated Office in Haiti (BINUH), Stressing that addressing the root causes of instability in Haiti requires political solutions, and in this regard further emphasizing the urgent need to encourage wider participation and forge the broadest possible consensus in the political process, with, as soon as necessary security conditions are met, a view to holding transparent, inclusive, and credible electoral processes and free and fair elections, and restoring democratic institutions, Reiterating the need for all Haitian stakeholders, including with BINUH's support, to continue to facilitate a Haitian- led, Haitian-owned political process to permit the organization of free and fair legislative and presidential elections, with the full, equal, meaningful, and safe participation of women and the engagement of youth, civil society, and other relevant stakeholders through an inclusive inter-Haitian national dialogue, and further requests all Haitian stakeholders to urgently reach an agreement on a sustainable, time-bound and commonly accepted roadmap for elections, Taking note of the recent visits by the Eminent Persons Group of Caribbean Community (CARICOM) to Haiti and welcoming its continued commitment to supporting the political dialogue, Recognizing the key role of countries in the region, as well as regional and subregional organizations such as the Caribbean Community (CARICOM), and other international partners, in particular the key role of CARICOM and its Eminent Persons Group in facilitating the political dialogue, and calling on the international community to remain committed to Haiti's efforts in overcoming the ongoing political stalemate and security and humanitarian situation, Taking note of the direct appeal of 6 October 2022 of Haiti's Council of Ministers for the deployment of a specialized international force and technical assistance to support the Haitian National Police's efforts to address high levels of gang violence and re-establish security, further taking note of the letter dated 8 October 2022 of the Secretary-General (S/2022/747), the report of the Secretary- General (document S/2023/274) dated 14 April 2023, and Jamaican statement on behalf of CARICOM before the Security Council on 6 July 2023 to authorize multinational security efforts with the appropriate mandate to support the Haitian National Police, Gravely concerned by the continued and significant deterioration of the humanitarian situation in Haiti, including the forced displacement of persons, and urging all parties to immediately cease violations and abuses, Taking note of the need to coordinate, as appropriate, with BINUH and UNODC to reduce gang and community violence, as well as to ensure respect for human rights and build child protection capacity, and the need to further strengthen training efforts by BINUH and international partners to expand the overall capacities of the national police beyond security operations, including expanding the number of national police officers, continued vetting, enhancing community-oriented policing skills, strengthening capacity to prevent and respond to sexual and gender-based violence, ensuring the full, equal, and meaningful involvement and representation of women at all levels, ensuring respect for the rule of law, and restoring police stations that have been destroyed in gang-controlled areas, Underscoring the need for broader efforts beyond the work of the Multinational Security Support (MSS) mission to sustainably address the root causes of gang violence, which emanate from political, institutional, and socio-economic instability and, in this regard, reiterating its call to the international community, including international financial institutions, to enhance support for long-term economic, social and institutional development in Haiti even after its stability is restored, Underscoring the need for the international community to work with the people of Haiti in a long-term effort to promote the rebuilding of democratic institutions, including the organization of free and fair elections, Welcoming the announcement of 29 July by the Government of Kenya to positively consider leading a multinational mission at the invitation of Haiti and in response to the appeal by the UN Secretary-General, following consultations with Haiti and the unanimous encouragement of security support to Haiti by the Security Council in resolution 2692 (2023), and further welcoming the positive responses to participate made by several Member States, Taking note of the letter dated 26 September 2023 from the Secretary-General addressed to the President of the Security Council (S/2023/726), strongly expressing the desire to obtain authorization from the Security Council under Chapter VII, and which expresses hope, following an assessment visit by a Kenyan delegation, that the Multinational Security Support mission would help ensure the security of the country's critical infrastructure and would be able to carry out targeted operations, in close collaboration with the Haitian National Police, Recognizing the importance and urgency of curbing the illicit trafficking of arms and ammunition to Haiti to the creation of a safe operating environment for international security support, including the deployment of a multinational security support mission, Taking note of the call made by the Government of Kenya on 21 September 2023 urging the United Nations to urgently deliver an appropriate framework to facilitate the deployment of Multinational Security Support as part of a holistic response to Haiti's challenges, calling on the Security Council to approve a resolution under Chapter VII that tailors the security support mission to the specific needs of Haiti and its people, Determining that the situation in Haiti continues to constitute a threat to international peace and security and to stability in the region, Acting under Chapter VII of the Charter of the United Nations, 1. Authorizes Member States that have notified the Secretary-General of their participation to form and deploy a Multinational Security Support (MSS) mission with a lead country, in close cooperation and coordination with the Government of Haiti, for an initial period of twelve months following the adoption of this resolution, to be reviewed nine months after the adoption of this resolution, on the understanding that the cost of implementing this temporary operation will be borne by voluntary contributions and support from individual Member States and regional organizations, and in strict compliance with international law, including, international human rights law, as applicable, to support the efforts of the Haitian National Police to re -establish security in Haiti and build security conditions conducive to holding free and fair elections, by: (a) providing operational support to the Haitian National Police, including building its capacity through the planning and conduct of joint security support operations, as it works to counter gangs and improve security conditions in Haiti, characterized by kidnappings, sexual and gender-based violence, trafficking in persons and the smuggling of migrants and arms, homicides, extrajudicial killings, and recruitment of children by armed groups and criminal networks; and (b) providing support, to the Haitian National Police, for the provision of security for critical infrastructure sites and transit locations such as the airport, ports, schools, hospitals and key intersections; 2. Calls on the MSS, through its support to the Haitian National Police outlined in paragraph 1, to help ensure unhindered and safe access to humanitarian aid for the population receiving assistance; 3. Decides that the Multinational Security Support mission, as requested by Haiti in its letter dated 22 September 2023, in coordination with the Haitian National Police, may, to prevent the loss of life and within the limits of its capacities and areas of deployment, adopt urgent temporary measures on an exceptional basis, which are limited in scope, time bound, proportionate and consistent with the objectives set forth in paragraph 1 above, to help the Haitian National Police maintain basic law and order and public safety, including through arrest and detention, as necessary and in full compliance with international law, including international human rights law, as applicable; and requests the leadership of the Multinational Security Support mission to update the Security Council any measures that may be adopted on this basis; 4. Calls on Member States and regional organizations to contribute personnel, equipment, and necessary financial and logistic resources based upon the urgent needs of the Multinational Security Support mission and invites contributing Member States to inform in writing the leadership of the Multinational Security Support mission, the Security Council and the Secretary-General of their intent to participate in the mission, and further requests Haiti and the leadership of the Multinational Security Support mission to update regularly the Security Council and the Secretary-General of the progress of deployment of relevant personnel and equipment; 5. Authorizes the Member States participating in the Multinational Security Support mission in Haiti to take all necessary measures to fulfil its mandate, strictly adhering to all international law, including international human rights law, as applicable; 6. Requests the Multinational Security Support mission to take fully into account child protection and the protection of other vulnerable groups as a cross- cutting issue throughout its mandate in all the planning and conduct of its operations; 7. Requests Member States participating in the Multinational Security Support mission in Haiti to include dedicated expertise in anti-gang operations, community-oriented policing, children and women's protection, and preventing and responding to sexual and gender-based violence in a victim-centred manner, and to take necessary action to ensure appropriate conduct and discipline and to prevent sexual exploitation and abuse, including vetting of all personnel and other safe hiring practices, encouraging women's representation at all levels of the MSS, and predeployment and in-mission awareness training on human rights, child protection, and sexual and gender based violence, and to detect incidents when they occur and ensure a safe survivor- and victim-centred response in cases of such conduct involving their personnel, including through providing safe and accessible complaint mechanisms and timely investigations of all allegations of misconduct, to hold perpetrators accountable, and to repatriate units when there is credible evidence of misconduct, including widespread or systemic sexual exploitation and abuse, by those units; 8. Requests the leadership of the Multinational Security Support mission, in coordination with the government of Haiti and Member States participating in the MSS, to inform the Council, prior to the mission's full deployment, on information including but not limited to the concept of operations developed in consultations and cooperation with the government of Haiti and Member States participating in the MSS, sequencing of deployment, mission goals and end state, rules of engagement, as well as indicative financial needs to be funded by voluntary contributions, and number of personnel to be deployed; 9. Reaffirms that the rules of engagement and any directives on the use of force are to be developed by the leadership of the Multinational Security Support mission in consultation with Haiti and other Member States participating in the MSS and should be in full respect of Haiti's sovereignty and in strict compliance with international law, including, international human rights law, as applicable; 10. Requests the Member States participating in the Multinational Security Support mission in Haiti to ensure the highest standards of transparency, conduct and discipline for their contingents operating in the framework of the Multinational Security Support mission in Haiti, to establish a robust compliance mechanism to prevent, investigate, address and publicly report violations or abuses of human rights related to the Multinational Security Support mission in Haiti; 11. Calls on the Multinational Security Support mission to establish an oversight mechanism to prevent human rights violations or abuses, in particular sexual exploitation and abuse as well as to ensure that the planning and conduct of operations during deployment will be in accordance with applicable international law; 12. Requests Member States participating in the Multinational Security Support mission in Haiti to adopt appropriate wastewater management and other environmental controls to guard against the introduction and spread of water-borne diseases, in accordance with The World Health Organization Water Quality: Guidelines, Standards, and Health publication on Assessment of Risk and Risk Management for Water-related infectious diseases from 2001, and in cooperation with Haitian authorities, which bear shared responsibility for guarding against water-borne disease; 13. Requests the Multinational Security Support mission to cooperate with BINUH and relevant UN agencies, including but not limited to UNODC and the Office of the High Commissioner for Human Rights, to support the efforts of the Haitian National Police to re-establish security in Haiti, including efforts by the Haitian National police to combat illicit trafficking and diversion of arms and related materiel and to enhance management and control of borders and ports; 14. Decides that paragraph 11 of resolution 2653 (2022) shall be replaced by the following: "Decides that, for an initial period of one year from the date of adoption of this resolution, all Member States shall take the necessary measures to prevent the direct or indirect supply, sale, or transfer to Haiti, from or through their territories or by their nationals, or using their flag vessels or aircraft of small arms, light weapons, and ammunition, and further decides that this measure shall not apply to: a. The supply, sale, or transfer of small arms, light weapons, or ammunition to the UN or a UN-authorized mission or to a security unit that operates under the command of the Government of Haiti, intended to be used by or in coordination with those entities and intended solely to further the objectives of peace and stability in Haiti; b. Other supplies, sales, or transfers of small arms, light weapons, and ammunition to Haiti as approved in advance by the Committee established pursuant to resolution 2653 (2022) to further the objectives of peace and stability in Haiti;" 15. Calls on all parties in Haiti to cooperate fully with the Multinational Security Support mission in the execution of its mandate and to respect the security and freedom of movement of the Multinational Security Support mission; 16. Requests the Secretary-General to establish a trust fund as a mechanism that can facilitate voluntary contributions to the Multinational Security Support mission to enable and operationalize the mandate; 17. Affirms the Secretary-General may provide logistical support packages to the MSS, when requested by the MSS and MSS donors, subject to the full financial reimbursement to the United Nations through available voluntary contributions, and in full respect of the United Nations Human Rights Due Diligence Policy (HRDDP); 18. Requests the leadership of the Multinational Security Support mission to ensure the highest standards of transparency and conduct, and to report every three months once the MSS is operational on the ground, as a part of regular reporting to the Security Council, through the Secretary-General, on the implementation of the resolution, including but not limited to composition of the mission, measures to ensure appropriate conduct and discipline, and to prevent sexual exploitation and abuse; and on investigations of allegations of misconduct and excessive use of force; 19. Requests the Secretary-General to provide as part of the Secretary- General's regular reporting to the Security Council, no later than nine months following adoption of this resolution, recommendations on possible adaptation of the mandate of the Multinational Security Support mission or its transformation as needed; 20. Requests the leadership of the Multinational Security Support mission to develop a strategy for mission conclusion and withdrawal and include information on that matter in regular reporting to the Security Council; 21. Emphasizes the need for Member States, United Nations organs, bodies and agencies, and other international organizations, including international financial institutions, to redouble their efforts to promote the institutional, social, and economic development of Haiti, in particular for the long-term, in order to achieve and sustain stability and combat poverty; 22. Strongly urges the Haitian authorities and other stakeholders to cooperate fully with the good offices of CARICOM and BINUH to reach compromise for the broadest possible consensus as soon as possible; 23. Decides to remain actively seized of the matter. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.