United Nations Security Council Resolution 1892

by the United Nations

Adopted by the Security Council at its 6200th meeting, on 13 October 2009

The Security Council,

Reaffirming its previous resolutions on Haiti, in particular its resolutions 1840 (2008) 1780 (2007), 1743 (2007), 1702 (2006), 1658 (2006), 1608 (2005), 1576 (2004) and 1542 (2004),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Haiti, welcoming the progress achieved so far in critical areas for the consolidation of Haiti's stability, reaffirming its support to the Government of Haiti and welcoming its contribution to political stability and consolidation of democracy in Haiti,

Welcoming recent progress made towards enhanced governance, including through the elections of new Senators with the support of United Nations Stabilization Mission in Haiti (MINUSTAH) and other stakeholders and towards the adoption of the Constitutional reform, and stressing the importance of establishing credible, competent, transparent and accountable governance and encouraging the Government of Haiti to further strengthen state institutions, and emphasizing the need to continue international efforts to reinforce the capacities of the Government of Haiti and its State institutions,

Encouraging the Government of Haiti and all the other relevant Haitian actors to strengthen democratic dialogue and forge the widest and most inclusive possible consensus, recognizing that leadership and constant political will of the Government of Haiti among the relevant Haitian actors is needed to strengthen governance and national capacities to address the highest priority issues in its national agenda,

Emphasizing the need for increased efforts to support the participation of women in the political process,

Emphasizing the role of regional organizations in the ongoing process of stabilization and reconstruction of Haiti and calling on MINUSTAH to continue to work closely with the Organization of the American States (OAS) and the Caribbean Community (CARICOM), taking note of the Joint Communiqué of the Consultative Group 2x9 on Haiti of 28 September 2009 (S/2009/509),

Recognizing the inter-connected nature of the challenges in Haiti, reaffirming that sustainable progress on security, the rule of law and institutional reform, national reconciliation and development are mutually reinforcing, and welcoming the continuing efforts of the Government of Haiti and the international community to address these challenges,

Reiterating the need for security to be accompanied by social and economic development as a way for Haiti to achieve lasting stability (S/PRST/2009/4),

Recognizing that respect for human rights, due process, addressing the issue of criminality and putting an end to impunity are essential to ensuring the rule of law and security in Haiti,

Commending MINUSTAH for continuing to assist the Government of Haiti to ensure a secure and stable environment and expressing gratitude to the personnel of MINUSTAH and to their countries and paying tribute to those injured or killed in the line of duty,

Acknowledging some improvements in the last year in the security situation but noting that the security situation remains fragile,

Acknowledging the continued support of the Organization of American States to modernize the Haitian voter registry and calling on the Haitian authorities, with the continued support of MINUSTAH and the international community to establish permanent and effective electoral institutions, and to hold elections consistent with Haiti's constitutional and legal requirements,

Calling on the Government of Haiti, in coordination with the international community, to continue to advance security sector reform, in particular as called for in the Haitian National Police (HNP) Reform Plan adopted by the Government of Haiti,

Underlining the need to accelerate the steps taken towards strengthening the judicial system in accordance with the national justice reform plan, including judicial institution modernization and improvement in the access to justice,

Supporting the initial recommendations of the Consultative Commission on Prolonged Pretrial Detention and stressing the need to address the situation of the majority of Haitian prisoners,

Recognizing the devastation that has been suffered by the people of Haiti during the previous hurricane seasons, acknowledging the challenges faced by the Government of Haiti in responding to the humanitarian and other needs of its people and welcoming the efforts undertaken by the Haitian authorities and the contribution of the international community in this regard and stressing the importance for future actions in this regard to be fully coordinated among donors and partners of Haiti, with the Government of Haiti as well as within the United Nations system,

Recognizing that external economic impacts such as the food, fuel, financial and economic crises continue to pose a significant threat to the overall process of stabilization in Haiti,

Welcoming the appointment of the former President of the United States of America, William J. Clinton as United Nations Special Envoy for Haiti,

Underlining the need for the quick implementation of highly effective and visible labour intensive projects that help create jobs and deliver basic social services that contribute to increased support of MINUSTAH by the Haitian population,

Recognizing the importance of long-term commitment of international donors and partners of Haiti, encouraging them to continue strengthening their assistance in a coordinated way, aligned to Haitian national priorities,

Underlining the need for the Government and Parliament to work together in devising a legislative and regulatory environment to generate economic activity and job creation with a view to promoting growth and reducing poverty,

Welcoming the Secretary-General’s report S/2009/439 of 1 September 2009,

Taking note of the Report of the ECOSOC Ad Hoc Advisory Group on Haiti (E/2009/105),

Welcoming the efforts of the Secretary-General to keep peacekeeping operations, including MINUSTAH, under review and stressing the need for the Council to pursue a strategic approach to peacekeeping deployments in partnership with troop and police contributing countries and other relevant stakeholders consistent with the statement of its President dated 5 August 2009 on United Nations peacekeeping operations (S/PRST/2009/24),

Recalling the statements of its President on 22 July 2009 (PRST/2009/23) and 5 August 2009 (PRST/2009/24) which emphasized the need for coherence between, and integration of, peacemaking, peacekeeping, peacebuilding and development to achieve an effective response to post-conflict situations, and stressing the need for the Secretary-General to provide in his reports an indication of progress toward achieving a coordinated United Nations approach in Haiti and in particular on critical gaps to achieving peacebuilding objectives,

Determining that the situation in Haiti continues to constitute a threat to international peace and security in the region, despite the progress achieved thus far,

Acting under Chapter VII of the Charter of the United Nations, as described in section 1 of operative paragraph 7 of resolution 1542 (2004),

1. Decides to extend the mandate of MINUSTAH as contained in its resolutions 1542 (2004), 1608 (2005), 1702 (2006), 1743 (2007), 1780 (2007) and 1840 (2008) until 15 October 2010, with the intention of further renewal;

2. Endorses the recommendation made by the Secretary-General in paragraphs 26 and 27 of his report S/2009/439 to maintain the current Mission overall force levels until the planned substantial increase of the Haitian National Police capacity allows for a reassessment of the situation, while adjusting its force configuration to better meet current requirements on the ground;

3. Decides, therefore, that MINUSTAH will consist of a military component of up to 6940 troops of all ranks and of a police component of up to 2,211 police;

4. Recognizes the ownership and primary responsibility of the Government and the people of Haiti over all aspects of the country’s stabilization, recognizes the role of MINUSTAH in supporting the Government’s efforts in this regard, and encourages the Government of Haiti to continue to take full advantage of international support to enhance its capacity, with a view to the eventual resumption of full responsibility;

5. Stresses the need for coordination among all international actors on the ground;

6. Expresses its full support for the Special Representative of the Secretary-General, notably in his efforts related to improving stability and governance in close cooperation with the Government of Haiti, and reaffirms his authority in the coordination and conduct of all activities of United Nations agencies, funds, and programs in Haiti;

7. Expresses its full support to the United Nations Special Envoy for Haiti, former President of the United States of America, William J. Clinton, notably in his efforts to assist the Government and people of Haiti in creating new jobs, improving the delivery of basic services and infrastructure, strengthening disaster recovery and preparedness, attracting private sector investment and garnering greater international support;

8. Reaffirms its call upon MINUSTAH to support the political process under way in Haiti, including through the good offices of the Special Representative of the Secretary-General, and, in cooperation with the Government of Haiti, to promote an all-inclusive political dialogue and national reconciliation, and to provide logistical and security assistance for the upcoming elections in 2010 in order to ensure that the democratically elected political institutions can continue carrying forward the reform work laid out in the National Strategy for Growth and Poverty Reduction Paper (DSNCRP);

9. Welcomes the continuing contribution of MINUSTAH to the Government of Haiti's efforts to build institutional capacity at all levels and calls upon MINUSTAH, consistent with its mandate, to continue such support to strengthen self-sustaining state institutions, especially outside Port-au-Prince, including through the provision of specialized expertise to key ministries and institutions;

10. Requests that MINUSTAH continue its support of the HNP as deemed necessary to ensure security in Haiti, and encourages MINUSTAH and the Government of Haiti to continue to undertake coordinated deterrent actions to further decrease the level of crime and violence, including through improved and enhanced implantation of the HNP Reform Plan and requests MINUSTAH, consistent with its mandate, to remain engaged in assisting the Government of Haiti to reform and restructure the HNP notably by supporting the monitoring, mentoring, training and vetting of police personnel and strengthening of institutional and operational capacities, consistent with its overall strategy to progressively transfer geographic and functional responsibility for conventional law and order duties to its Haitian counterparts in accordance with the HNP Reform Plan;

11. Invites Member States, including neighbouring and regional States, in coordination with MINUSTAH, to strengthen their engagement with the Government of Haiti to address cross-border illicit trafficking of persons, in particular children, and the trafficking of drugs, arms and other illegal activities, and to contribute to strengthening HNP capacity in these areas, including through the provision by MINUSTAH of technical expertise in support of efforts to implement an integrated border management approach, with emphasis on state capacity building, and underlines the need for coordinated international support for Government efforts in this area;

12. Recognizes the need for MINUSTAH to continue its efforts to patrol along maritime and land border areas in support of border security activities by the HNP, and encourages MINUSTAH to continue discussions with the Government of Haiti and Member States to assess the threats along Haiti's land and maritime borders;

13. Requests the United Nations country team, and calls upon all actors, to complement security and development operations undertaken by the Government of Haiti with the support of MINUSTAH with activities aimed at effectively improving the living conditions of the concerned populations, protecting the rights of children and requests MINUSTAH to continue to implement quick-impact projects;

14. Condemns any attack against personnel or facilities from MINUSTAH and demands that no acts of intimidation or violence be directed against the United Nations and associated personnel or facilities or other actors engaged in humanitarian, development or peacekeeping work;

15. Welcomes the steps taken towards the reform of rule of law institutions, requests MINUSTAH to continue to provide necessary support in this regard, and encourages the Haitian authorities to take full advantage of that support, notably in modernizing key legislation and in the implementation of the justice reform plan, to take the necessary steps, including nominations, that will allow superior judicial institutions to function adequately, and the need to address the issue of prolonged pretrial detentions and prison overcrowding, with special regard to children;

16. Encourages also the implementation of the strategic plan of the National Prison Administration and requests MINUSTAH to remain engaged in supporting the mentoring and training of corrections personnel and strengthening of institutional and operational capacities;

17. Requests MINUSTAH to continue to pursue its community violence reduction approach including through support to the National Commission on Disarmament, Dismantlement and Reintegration and concentrating its efforts on labour-intensive projects, the development of a weapons registry, the revision of current laws on importation and possession of arms, reform of the weapons permit system and the development and implementation of a national community policing doctrine;

18. Reaffirms MINUSTAH's human rights mandate and calls on the Haitian authorities to continue their efforts to promote and protect human rights, and calls on MINUSTAH to continue to provide human rights training to the HNP and other relevant institutions, including the correctional services;

19. Strongly condemns the grave violations against children affected by armed violence, as well as widespread rape and other sexual abuse of women and girls, and requests MINUSTAH and the United Nations country team in close cooperation with the Government, to continue to promote and protect the rights of women and children as set out in Security Council resolutions 1325 (2000), 1612 (2005), 1820 (2008), 1882 (2009), 1888 (2009), and 1889 (2009);

20. Requests the Secretary-General to continue to take the necessary measures to ensure full compliance of all MINUSTAH personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse, and to keep the Council informed, and urges troop and police contributing countries to ensure that acts involving their personnel are properly investigated and punished;

21. Calls upon MINUSTAH and the United Nations country team to further enhance their coordination and, in concert with the Government of Haiti and international partners, help ensure greater efficiency in the implementation of the DSNCRP in order to achieve progress in the area of socio-economic development, which was recognized essential for the stability in Haiti in the Consolidation Plan of the Secretary-General, and address urgent development problems;

22. Welcomes the important work done by MINUSTAH in support of urgent needs in Haiti and encourages the Mission within its mandate to make full use of existing means and capabilities, including its engineers, with a view to further enhancing stability in the country;

23. Welcomes progress made by MINUSTAH in communications and public outreach strategy, and requests it to continue these activities;

24. Welcomes the work done by the Secretary-General to develop five benchmarks and indicators to measure progress being made towards the consolidation of stability in Haiti and requests the Secretary-General to continue updating the Consolidation Plan including through the refining those benchmarks and indicators of progress in consultation with the Government of Haiti, taking into account the DSNCRP, as appropriate, and to inform the Council accordingly in his reports;

25. Requests the Secretary-General to report to the Council on the implementation of MINUSTAH's mandate semi-annually and not later than 45 days prior to its expiration;

26. Requests also the Secretary-General to include in his reports a comprehensive assessment of threats to security in Haiti, such as judiciary sector reform, correctional system reform and counter-narcotics capacity, taking into account a review of the activities and composition of MINUSTAH, its coordination with the United Nations country team and other development actors and the need for poverty eradication and sustainable development in Haiti, and to propose, as appropriate, options to reconfigure the composition of MINUSTAH;

27. Underscores the importance that the planning documents for the military and police components, such as the concept of operations and rules of engagement, be regularly updated, as appropriate, and be in line with the provisions of all its relevant resolutions, and requests the Secretary-General to report on them to the Security Council and troop and police contributing countries;

28. Decides to remain seized of the matter.

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* Reissued for technical reasons.