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Resolution 2053

The situation concerning the Democratic Republic of the Congo

Abstract

S/RES/2053 (2012)
Security Council Distr.: General
27 June 2012
12-39313 (E)
*1239313*
Resolution 2053 (2012)
Adopted by the Security Council at its 6792nd meeting, on
27 June 2012
The Security Council,
Recalling its previous resolutions and the statements of its President
concerning the Democratic Republic of the Congo,
Reaffirming its commitment to the sovereignty, territorial integrity and
political independence of the Democratic Republic of the Congo,
Stressing the primary responsibility of the Government of the Democratic
Republic of the Congo for ensuring security in its territory and protecting its
civilians with respect for the rule of law, human rights and international
humanitarian law,
Acknowledging that there have been positive developments relative to the
consolidation of peace and stability across the Democratic Republic of the Congo,
but stressing that serious challenges remain, particularly in the eastern provinces,
including the continued presence of armed groups in the Kivus and Oriental
Province, serious abuses and violations of human rights and acts of violence against
civilians, limited progress in building professional and accountable national security
and rule of law institutions, and illegal exploitation of natural resources,
Expressing deep concern at the deteriorating security situation in the eastern
provinces of the Democratic Republic of the Congo, including attacks by armed
groups, attacks on peacekeepers and humanitarian personnel, which have restricted
humanitarian access to conflict areas where vulnerable civilian populations reside,
and the displacement of tens of thousands of civilians, and calling on all armed
groups to cease hostilities, including all acts of violence committed against
civilians, and urgently facilitate unhindered humanitarian access,
Stressing the need for the Congolese authorities to address the irregularities
and challenges identified by national and international observers during the
presidential and general elections on 28 November 2011 as well as the need to hold
provincial and local elections in a timely, inclusive, peaceful, credible and
transparent manner,
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Encouraging the enhanced regional cooperation in the Great Lakes region and
encouraging further efforts to promote peace, stability and economic development
in the region, including through existing regional mechanisms,
Recognizing the importance of supporting peacebuilding efforts in order to
achieve further progress in the stabilization of the country, underlining the
importance of economic development to ensure long-term stabilization and peace
consolidation, and stressing the need for sustained international support to ensure
early recovery activities and lay the foundations for sustainable development,
Emphasizing that the linkage between the illicit exploitation and trade of
natural resources and the proliferation and trafficking of arms is among the major
factors fuelling and exacerbating conflicts in the Great Lakes region, urging all
States, particularly those in the region, to implement fully the measures set out by
its resolution 1896 (2009), reiterating its determination to continue to closely
monitor the implementation and compliance with the measures set out by the
resolution 1896 (2009) and paragraph 5 of resolution 1807 (2008), and urging all
States to take legal action where appropriate in accordance with these measures
against the Forces démocratiques de libération du Rwanda (FDLR) leaders residing
in their countries,
Remaining greatly concerned by the humanitarian situation and the persistent
high levels of violence and human rights abuses and violations against civilians,
condemning in particular the targeted attacks against civilians, widespread sexual
and gender-based violence, recruitment and use of children by parties to the conflict,
in particular the mutineers of ex-Congrès National pour la Défense du Peuple
(ex-CNDP) and the 23 March Movement (M23), the displacement of significant
numbers of civilians, extrajudicial executions and arbitrary arrests and their
deleterious effect on the stabilization, reconstruction and development efforts in the
Democratic Republic of the Congo, reiterating the urgent need for the swift
prosecution of all perpetrators of human rights abuses and international
humanitarian law violations, urging the Government of the Democratic Republic of
the Congo, in cooperation with the United Nations, the International Criminal Court
and other relevant actors, to implement the appropriate responses to address these
challenges and to provide security, medical, legal, humanitarian and other assistance
to victims,
Recalling its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009)
and 1960 (2010) on women, peace and security, its resolution 1894 (2009) on the
protection of civilians in armed conflict, and its resolutions 1882 (2009) and 1998
(2011) on children and armed conflict, and recalling the conclusions of the Security
Council Working Group on Children and Armed Conflict pertaining to parties in the
armed conflict of the Democratic Republic of the Congo, especially in relation to
the adoption of an action plan to put an end to the recruitment and use of children,
Welcoming the efforts of MONUSCO and international partners in delivering
training in human rights, child protection and protection from sexual and genderbased
violence for Congolese security forces and underlining its importance,
Condemning all attacks against United Nations peacekeepers and humanitarian
personnel, regardless of their perpetrators and emphasizing that those responsible
for such attacks must be brought to justice,
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Recognizing the significant sacrifices made by MONUSCO, expressing
appreciation for its efforts to improve peace and stability in the Democratic
Republic of the Congo,
Emphasizing the importance of the continued support of the United Nations
and the international community for the long-term security and development of the
Democratic Republic of the Congo,
Encouraging relevant international actors to support efforts and to assist in the
restoration of basic services, especially in conflict-affected areas of the Democratic
Republic of the Congo,
Reiterating its call upon the African Union and all relevant subregional
organizations to further engage in support of the stabilization efforts in the
Democratic Republic of the Congo, notably in the fields of security and combating
illicit exploitation and trade of natural resources,
Welcoming the efforts of the African Union to address the threat posed by the
Lord’s Resistance Army (LRA) and welcoming MONUSCO’s intention to provide
logistical support for the establishment of the African Union-Regional Task Force
Sector Headquarters in Dungu, and encouraging the African Union to share further
information on the implementation of the initiative in the Democratic Republic of
the Congo,
Taking note of the report of the Secretary-General on the United Nations
Organization Stabilization Mission in the Democratic Republic of the Congo
(MONUSCO), dated 23 May 2012, and of its recommendations,
Determining that the situation in the Democratic Republic of the Congo
continues to pose a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations:
1. Decides to extend until 30 June 2013 the mandate of MONUSCO as set
out in resolution 1925 (2010), paragraphs 2, 11 and 12 (a) to (p) and (r) to (t),
reaffirms that the protection of civilians must be given priority in decisions about
the use of available capacity and resources and encourages further the use of
innovative measures implemented by MONUSCO in the protection of civilians;
2. Reiterates its request that MONUSCO, consistent with the authorization
provided by resolution 1925 (2010), keeps a reserve force capable of redeploying
rapidly in the country within its mandated strength;
3. Reiterates that the Government of the Democratic Republic of the Congo
bears primary responsibility for security, national reconciliation, peacebuilding and
development in the country, and encourages the Government of the Democratic
Republic of the Congo to remain fully committed to protecting the civilian
population through the establishment of professional, accountable and sustainable
security forces, the deployment of Congolese civil administration, in particular the
police, judicial personnel and territorial administration and the establishment of rule
of law and respect for human rights, and encourages the Government to promote
non military solutions as an integral part of the overall solution for reducing the
threat posed by Congolese and foreign armed groups and to restore full State
authority in the areas freed from armed groups and to consolidate state authority
throughout the territory;
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4. Reiterates that future reconfigurations of MONUSCO should be
determined on the basis of the evolution of the situation on the ground and on the
achievement of the following objectives to be pursued by the Government of the
Democratic Republic of the Congo, with the support of the United Nations Mission:
(a) The completion of the ongoing military operations in the Kivus and
Orientale Province, resulting in reducing to a minimum the threat from armed
groups and restoring stability in sensitive areas;
(b) An improved capacity of the Government of the Democratic Republic of
the Congo to effectively protect the population through the establishment of
professional, accountable and sustainable security forces with a view to
progressively taking over MONUSCO’s security role;
(c) The consolidation of State authority by the Congolese Government
throughout the territory, through the deployment of Congolese civil administration,
in particular the police, territorial administration and rule of law institutions in areas
freed from armed groups;
5. Encourages the ongoing strategic partnership between the Congolese
Government and MONUSCO, in particular through the joint assessment process,
and encourages the continuing of such assessment discussions to enable the Security
Council to take into account the joint assessment reports when making decisions
regarding any reconfiguration of the Mission, in accordance with the provisions of
paragraph 4 of this resolution and paragraph 7 of resolution 1925 (2010);
6. Stresses that while protection of civilians remains MONUSCO’s priority,
security sector reform (SSR) should be the primary focus within the stabilization
and peace consolidation mandate of the Mission as defined in paragraph 12 (l) to
(p), (r) and (s) of resolution 1925 (2010) as SSR is critical for the achievement of
the objectives defined in paragraph 4 above;
7. Requests MONUSCO to undertake a strategic review on the
implementation of the International Security and Stabilization Support Strategy
(ISSSS), providing a clear definition of stabilization in the context of Eastern DRC
and a strategy and timeframe for achieving these stabilization goals, with the view
to strengthening its efforts and engaging closely with the Government of the
Democratic Republic of the Congo to ensure these efforts are closely aligned with,
and provide effective support to the Government’s Stabilization and Reconstruction
Plan (STAREC), requests further the Secretary-General to present the results of this
review in an annex to his report in February 2013, and encourages donors to support
the relevant Congolese authorities in fully implementing the STAREC;
8. Urges the Government of the Democratic Republic of the Congo, which
bears the primary responsibility regarding the reform of its security sector, to
operationalize and implement, with the support of MONUSCO, a national and
comprehensive vision and strategy for the security and justice sectors, including in
the area of transitional justice, in order to establish democratic, accountable and
professional national security and judicial institutions;
9. Underlines the need for an overall Congolese SSR strategy that focuses
on the professionalization of security sector institutions, including oversight bodies,
and that helps to ensure coherence and efficiency and avoid duplications or gaps,
encourages at the same time the Government of the Democratic Republic of the
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Congo, to engage in a new strategic partnership with MONUSCO in the area of SSR
in order to identify the priorities of each component of the security sector and
possible new approaches for MONUSCO to support Congolese authorities in the
area of SSR to build the capacity of the military, police, justice and other security
institutions to consolidate Congolese State authority, and requests the Secretary-
General to report on these priorities and approaches in an annex to his report in
November;
10. Calls upon the Congolese authorities to share its priorities and strategies
with international partners on a regular basis, requests MONUSCO to support
effective coordination, transparency and harmonization of efforts, as well as a clear
division of tasks and responsibilities of all international partners involved in
assisting the SSR, in this regard, calls upon the Government, with support from
MONUSCO, to make strategic use of the information on internationally supported
SSR projects already being collected by the Ministry of Planning, and calls upon all
Member States and international organizations to improve information sharing and
to fully cooperate with the Congolese authorities and MONUSCO in this regard;
11. Reiterates its call upon the Government to address the underlying issue
of the cohesion within the national Army, including by establishing an effective
vetting mechanism and further developing its efforts to ensure proper integration of
former armed groups, in particular the CNDP, into the Armed Forces of the
Democratic Republic of the Congo (FARDC), with the advisory support of
MONUSCO, encourages the Government to ensure that members of the National
Army are adequately paid and in a timely fashion, operate in accordance with
established command and control regulations, and are subject to such disciplinary or
judicial action as may be appropriate when regulations and laws are violated and
reiterates its concern at the promotion within the Congolese security forces of
well-known individuals responsible for serious human rights violations and abuses;
12. Urges the Congolese Government to implement the multi-year joint
United Nations justice support program with the support of international partners,
recalls the need for all crimes, including crimes against women and children, to be
expeditiously investigated and the need for all perpetrators of those crimes, in
particular Bosco Ntaganda, to be arrested and brought to justice, and encourages the
Congolese authorities to pursue their efforts to combat impunity against all
perpetrators of human rights and international humanitarian law violations,
including those committed by any illegal armed groups or elements of the
Congolese security forces;
13. Further stresses the importance of the Congolese Government actively
seeking to hold accountable those responsible for war crimes and crimes against
humanity in the country and of regional cooperation to this end, including through
cooperation with the International Criminal Court, calls upon MONUSCO to
support the Congolese authorities in this regard, and takes note of the recent positive
steps taken by the Congolese authorities to apprehend Bosco Ntaganda;
14. Calls upon MONUSCO to continue to work with the United Nations
country team and the Congolese authorities towards the adoption and
implementation of the Peace Consolidation Programme covering provinces not
affected by the conflict and requests MONUSCO, where appropriate, to continue
transferring tasks to the United Nations country team in those provinces;
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15. Urges the Congolese authorities to ensure that the provincial and local
elections are conducted in a timely, credible, peaceful and transparent manner,
which includes ensuring respect for human rights and fundamental freedoms,
ensuring full and effective participation of women in the electoral process,
strengthened engagement and cooperation with the civil society, equitable access to
media including State media, safety for all candidates, as well as for election
observers and witnesses, journalists, human rights defenders and actors from the
civil society including women;
16. Decides that MONUSCO shall support the organization and conduct of
provincial and local elections, through the provision of technical and logistical
support, in accordance with the paragraph 7 of resolution 1991 (2011), decides
further that this support will be continually assessed and reviewed according to
progress made by the Congolese authorities on consolidating the credibility of the
Commission Electorale Nationale Indépendante (CENI), agreeing on viable
operational plans in order to ensure international support, adopting a realistic
electoral calendar and continuing to ensure the full access of observers and political
parties’ representatives to all electoral sites and operations, recalls the need for the
Special Representative of the Secretary-General to promote and facilitate inclusive
and transparent political dialogue among various Congolese stakeholders, including
women groups, supports the establishment by the Congolese authorities of the
Constitutional Court, calls upon the Election Partnership Committee to meet more
regularly to closely follow and adapt international support to the electoral process,
and requests the Secretary-General to report on these progress in his November
report;
17. Welcomes the positive steps taken by the Congolese Government to
investigate the violations of human rights alleged to have been committed in
Kinshasa in the context of the 28 November 2011 elections, urges the Government
of the Democratic Republic of the Congo to prosecute those responsible, calls upon
the Government of the Democratic Republic of the Congo to protect and promote all
human rights throughout the country and ensure full respect for fundamental rights
and liberties, including freedom of expression and freedom of peaceful assembly, in
light of the upcoming provincial and local elections scheduled for 2013 and decides
that MONUSCO shall pursue its monitoring, reporting and following-up on human
rights violations, including by using the good offices of the Special Representative
of the Secretary-General for the Democratic Republic of Congo as required;
18. Demands that all armed groups, in particular mutineers of ex-CNDP and
M23, the FDLR, the LRA and the Allied Democratic Forces/National Army for the
Liberation of Uganda (ADF/NALU), immediately cease all forms of violence and
human rights abuses against the civilian population in the Democratic Republic of
the Congo, in particular against women and children, including rape and other forms
of sexual abuse and child recruitment, and demobilize;
19. Condemns recent mutiny led by Bosco Ntaganda and all outside support
to all armed groups and demands that all forms of support to them cease
immediately;
20. Urges the Government of the Democratic Republic of the Congo, with
support from MONUSCO, to sustain its action against armed groups, especially
mutineers of ex-CNDP and M23, restore order and bring the perpetrators to justice,
while ensuring the protection of the civilian population, and address the underlying
S/RES/2053 (2012)
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causes of instability, in particular the impact of the return of displaced persons and
refugees and possible land-related social tensions;
21. Reiterates support to the respective initiatives taken by the United
Nations and the African Union to facilitate regional action against the LRA and to
protect civilians, encourages relevant parties to enhance cooperation to help end the
threat to civilians posed by the LRA, welcomes the steps taken by MONUSCO to
enhance information sharing and coordination with those conducting military
operations against the LRA and to promote and facilitate defections from the LRA’s
ranks, encourages MONUSCO to coordinate closely with and provide technical
expertise, as appropriate and within the limits of its capacities, to United Nations
missions across the LRA-affected region to help advance the United Nations
regional strategy to address the LRA, especially with regard to disarmament,
demobilization, repatriation, resettlement and reintegration (DDRRR), and
encourages MONUSCO to deepen its contacts with LRA-affected communities and
humanitarian partners and keep under review the coordination and deployment of its
available resources to ensure maximum effect;
22. Underlines the urgent need for continued progress in addressing the
threat of foreign and national armed groups, including through further progress in
the DDRRR process, urges the international community and donors to support the
Government of the Democratic Republic of the Congo and MONUSCO in DDRRR
activities, calls upon the Government of the Democratic Republic of the Congo and
neighbouring States to remain engaged in the process and urges the Government to
make progress on the national programme for disarmament, demobilization and
reintegration (DDR) of residual Congolese armed elements in eastern Democratic
Republic of the Congo, with the support of MONUSCO;
23. Encourages the Government of the Democratic Republic of the Congo to
continue to build on its cooperation with the Special Representative of the
Secretary-General for Children and Armed Conflicts and the Special Representative
of the Secretary-General on Sexual Violence in Conflict and to meet, without further
delay, its commitments to adopt and implement an action plan to halt the
recruitment and use of children by the Armed Forces of the Democratic Republic of
the Congo (FARDC), in close collaboration with MONUSCO;
24. Encourages MONUSCO to enhance its interaction with the civilian
population to raise awareness and understanding about its mandate and activities
and to collect reliable information on violations and abuses of international
humanitarian and human rights law perpetrated against civilians;
25. Welcomes the steps taken by the Congolese authorities to address the
tracing and certification of minerals, encourages further cooperation throughout the
region, urges demilitarization of the mining areas in the Democratic Republic of the
Congo and the professionalization and deployment of Congolese Mining Police in
these areas, calls upon MONUSCO to support the relevant Congolese authorities in
preventing the provision of support to armed groups from illicit economic activities
and illicit trade and natural resources, including to carry out spot checks and regular
visits to mining sites, trade routes and markets, in the vicinity of the five pilot
trading counters and encourages the Congolese Government to further increase
transparency in the administration of contracts for mining rights and the collection
and accounting for taxes;
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26. Demands that all parties cooperate fully with the operations of
MONUSCO and allow, in accordance with relevant provisions of international law,
the full, safe, immediate and unhindered access for United Nations and associated
personnel in carrying out their mandate to all those in need and delivery of
humanitarian assistance, in particular to internally displaced persons, throughout the
territory of the Democratic Republic of the Congo, including in the LRA-affected
areas, and requests the Secretary-General to report without delay any failure to
comply with these demands;
27. Commends the contribution of troop- and police-contributing countries
and donors to MONUSCO, calls on Member States to pledge and provide the
remaining force enablers, in particular military air assets, required for the mission
and recalls the importance of close consultations with troop- and police-contributing
countries;
28. Requests the Secretary-General to report by 14 November 2012,
14 February 2013 and 24 May 2013 on the progress on the ground, including on the
progress made towards the objectives mentioned in paragraph 4 above, recommended
benchmarks for measuring progress and the impact of the DDRRR process on the
strength of foreign armed groups, and further requests the Secretary-General to
include specific thematic annexes in his report in November on the assessment of
the electoral process as mentioned in paragraph 16 and possible new approaches in
SSR as mentioned in paragraph 9 above and in February on the review of ISSSS as
mentioned in paragraph 7 above and on the strategy and efforts to effectively
transfer the responsibility of some MONUSCO tasks to members of the UNCT;
29. Decides to remain actively seized of the matter.

Topics
Congo, DR
Year
2012
Title
The situation concerning the Democratic Republic of the Congo
Related with resolutions
1325 1807 1820 1882 1888 1889 1894 1896 1925 1960 1991 1998
Quoted in resolutions
2098 2147 2211
Security Council Composition
CHN FRA RUS GBR USA AZE COL DEU GTM IND MAR PAK PRT TGO ZAF