United States to Host UNGA79 Side Event: Building on Progress to Address Security in Haiti – Sanctions for Former Haitian Politician and Gang Leader

By Caribbean News Global

US / HAITI – On September 25, 2024, Secretary of State Antony Blinken and U.S. Ambassador to the United Nations Linda Thomas-Greenfield hosted an event on the sidelines of the 79th UN General Assembly to highlight the progress made by the Haitian National Police in restoring security in Haiti with the support of the Kenyan-led Multinational Security Support (MSS) mission; meanwhile, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) sanctioned a former member of the Haitian parliament, Profane Victorfor his role in forming, supporting, and arming gangs and their members that committed serious human rights abuses in Haiti. OFAC has also designated Luckson Elanthe current leader of the Gran Grif gang, for his involvement in serious human rights violations related to gang activities in the Haitian department of Artibonite.

Building on progress in addressing security in Haiti

The Secretary reiterated the critical importance of additional and continued international support for Haitian-led efforts and the MSS mission. Participants discussed the status of contributions from the international community, timelines for further personnel deployments, and options for sustainability of the MSS mission, including possible transition to a UN peacekeeping operation in the future.

Haitian Prime Minister Garry Conille, Chairman of the Haitian Transitional Presidential Council Edgar Leblanc Fils and key partners including Kenya, Canada, France and members of the Caribbean Community (CARICOM) discussed the resources and financing needed for the mission and welcomed further contributions from participating countries.

Secretary Blinken announced that the United States is providing an additional $160 million in development, economic, health and security assistance to the Haitian people. Total U.S. foreign assistance since fiscal year 2021 has exceeded $1.3 billion.

Secretary Blinken also announced that the United States has nominated Prophane Victor to the position of Secretary of State for his role in forming, supporting, and arming gangs that have committed serious human rights abuses. He also announced that Luckson Elan has been nominated to the position of Secretary of State for his involvement in serious human rights abuses related to gang activity in the Artibonite department of Haiti.

“The United States stands with the Haitian people and their aspirations for a peaceful and democratic Haiti,” the U.S. State Department said.

Sanctions related to serious human rights violations in Haiti

“Victor and Elan, through their influence or leadership of gangs in Haiti, have sought to perpetuate the horrific violence and instability,” said Bradley T. Smith, Acting Assistant Secretary of the Treasury for Terrorism and Financial Intelligence.

“The Treasury remains committed to holding accountable those who use human rights abuses, violence and corruption to achieve their political goals.”

Advancing accountability for gender-based violence is a top priority for the U.S. government. In November 2022, President Biden issued a Memorandum on Advancing Accountability for Conflict-Related Sexual Violence, which directs the U.S. government to strengthen our financial, diplomatic, and legal tools against this scourge.

The report by the UN Panel of Experts on Haiti states that “the levels of violence and depths of brutality that gangs will reach in violating human rights are unprecedented, with regular indiscriminate attacks on the population and the obstruction of humanitarian aid. Sexual and gender-based violence and rape in particular have become among the most horrific manifestations of violence over the past two years. Such violence and insecurity not only undermine the political transition, but also decimate the national economy and threaten the future of the country.” Today’s action targets one actor directly responsible for gender-based violence and one who has provided material support to gangs, including those who have committed gender-based violence as a regular practice of intimidation, control and extortion.

Profane Victor is a former Haitian legislator who began arming young men in Petite Rivière, Artibonite to secure his control of the area and his election in 2016. These men went on to form the Gran Grif gang, which is currently the largest gang in the Artibonite department and the leading perpetrator of abuses, including sexual violence. Prophane Victor provided material support to Gran Grif until at least 2020. Prophane Victor has also smuggled weapons into Haiti and is known to have relationships with and provide funds to other gangs in Haiti, including rivals of Gran Grif. Prophane Victor’s gang affiliations and material support for them contribute to the climate of terror, as the gangs engage in a range of brutality and violence, fighting for control and forcing residents to suffer the consequences.

Luckson Elan is the current leader of the Gran Grif gang. Luckson Elan and other members of the Gran Grif gang are responsible for serious human rights violations, including kidnapping, murder, beatings and rape of women and children, as well as looting, destruction, extortion, hijacking and theft of crops and livestock. The situation is especially devastating for his child victims who have been subjected to forced recruitment and sexual violence.

OFAC is designating Prophane Victor under Executive Order (EO) 13818 for being a person who has provided, sponsored, or supplied material, financial, or technological support for, or goods or services to or in support of, an entity, including a government entity, that has engaged in, or whose members have engaged in, serious human rights abuses, where the activity is conducted by a foreign person.

OFAC is designating Luckson Elan under EO 13818 for being a foreign person who is responsible for, complicit in, or has directly or indirectly engaged in serious human rights abuses. OFAC is also designating Luckson Elan under EO 13818 for being or having been a leader or official of an entity, including a government agency, that has engaged in, or whose members have engaged in, serious human rights abuses during the leader’s or official’s tenure.

Implications of sanctions

As a result of today’s action, all property and interests in property of the designated persons described above that are located in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. In addition, all entities that are owned, directly or indirectly, individually or in the aggregate, 50 percent or more by one or more of the blocked persons are also blocked. Unless authorized by a general or specific license issued by OFAC, or exempted, OFAC regulations generally prohibit all transactions by U.S. persons or within (or through) the United States involving property or interests in property of designated or otherwise blocked persons.

U.S. persons may be subject to civil or criminal penalties for violations of EO 13818. Non-U.S. persons also may not cause or conspire to cause U.S. persons to knowingly or unknowingly violate U.S. sanctions, and may not engage in conduct that evades U.S. sanctions. OFAC’s Economic Sanctions Enforcement Guidance provides more information on OFAC’s enforcement of U.S. sanctions, including the factors OFAC typically considers in determining an appropriate response to an apparent violation.

Financial institutions and other persons that engage in certain transactions or activities with the sanctioned entities and persons may expose themselves to sanctions or be subject to enforcement action. The prohibitions include making a contribution or provision of funds, goods or services by, to or for the benefit of a designated person, or receiving a contribution or provision of funds, goods or services from such a person.

The strength and integrity of OFAC sanctions stem not only from OFAC’s ability to designate and add individuals to the Specially Designated Nationals and Blocked Persons (SDN) list, but also from its willingness to remove individuals from the SDN list in accordance with the law. The ultimate goal of sanctions is not to punish, but to induce positive behavioral change.

For Information For information on the process for requesting removal from an OFAC list, including the SDN list, please refer to OFAC’s FAQ 897 here. For detailed information on the process for requesting removal from an OFAC sanctions list, click here.

Global Magnitsky

Building on the Global Magnitsky Human Rights Accountability Act, EO 13818 was enacted on December 20, 2017, in recognition that the prevalence of human rights violations and corruption originating wholly or largely outside the United States has reached a scale and severity that threatens the stability of international political and economic systems.

Human rights abuses and corruption undermine the values ​​that form an essential foundation of stable, secure, and functioning societies; have devastating consequences for individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflict; facilitate the activities of dangerous individuals; and undermine economic markets. The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuses or engage in corruption, and to protect the United States financial system from abuse by such individuals.

Click here for more information about the individuals and agencies designated today.