Security Council resolution 2653 (2022) [on sanctions against individuals and entities threatening the peace, security, and stability of Haiti]
Symbol: S/RES/2653 (2022)
Date: 2022-10-21
Status: adopted
Agenda: S/77 [138] HAITI--POLITICAL CONDITIONS
S/ X The question concerning Haiti.
Subjects: UN. Panel of Experts Established pursuant to Security Council Resolution 2653 (2022) concerning Haiti|UN. Security Council Committee Established pursuant to Resolution 2653 (2022) concerning Haiti|UN. Panel of Experts Established pursuant to Security Council Resolution 2653 (2022) concerning Haiti > Establishment|UN. Security Council Committee Established pursuant to Resolution 2653 (2022) concerning Haiti > Establishment|Charter of the United Nations (1945). Chapter VII|SANCTIONS|SANCTIONS COMPLIANCE|ARMS EMBARGO|FROZEN ASSETS|TRAVEL RESTRICTIONS|INTERNAL SECURITY|HAITI|HAITI QUESTION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ALBANIA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GHANA
vote: yes
country: INDIA
vote: yes
country: IRELAND
vote: yes
country: KENYA
vote: yes
country: MEXICO
vote: yes
country: NORWAY
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: UNITED ARAB EMIRATES
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                       S/RES/2653 (2022)
               Security Council                                                    Distr.: General
                                                                                   21 October 2022




               Resolution 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 an d related materiel of
               all types contributes to undermining the rule of law and respect for human rights, and



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               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 po pulation 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

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           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

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                                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 obli gations 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 bilatera lly 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;


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                 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,

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                               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 genderbased 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 implemen t
               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;

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           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 late r 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 qualifica tions 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


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                               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.




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Annex
           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.”
           While serving as an officer in the Haitian National Police (HNP), Cherizier planned
           and participated in the November 2018 deadly attack against civilians in a Port -au-Prince neighborhood known as La Saline. During this attack, at least 71 people were
           killed, over 400 houses were destroyed, and at least seven women were raped by
           armed gangs. Throughout 2018 and 2019, Cherizier led armed groups in coordinated,
           brutal attacks in Port-au-Prince neighborhoods. In May 2020, Cherizier led armed
           gangs in a five-day attack in multiple Port-au-Prince neighborhoods in which civilians
           were killed and houses were set on fire. As of October 11, 2022, Cherizier and his G9
           gang confederation are actively blocking the free movement of fuel from the Varreux
           fuel terminal – the largest in Haiti. His actions have directly contributed to the
           economic paralysis and humanitarian crisis in Haiti.




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