S/RES/2301 (2016)
Security Council Distr.: General 26 July 2016
Resolution 2301 (2016)
Adopted by the Security Council at its 7747th meeting, on 26 July 2016
The Security Council, Recalling its previous resolutions and statements on the Central African Republic (CAR), in particular resolutions 2121 (2013), 2127 (2013), 2134 (2014), 2149 (2014), 2181 (2014), 2196 (2015), 2212 (2015), 2217 (2015), 2262 (2016), 2264 (2016), 2281 (2016), as well as resolution 2272 (2016), and its Presidential Statements S/PRST/2014/28 of 18 December 2014 and S/PRST/2015/17 of 20 October 2015, Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the CAR, and recalling the importance of the principles of non-interference, good-neighbourliness and regional cooperation, Reaffirming the basic principles of peacekeeping, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate; recognizing that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned, and recalling, in this regard, its Presidential Statement S/PRST/2015/22 of 25 November 2015, Recalling that the CAR Authorities have the primary responsibility to protect all populations in the CAR in particular from genocide, war crimes, ethnic cleansing and crimes against humanity, Emphasizing that any sustainable solution to the crisis in the CAR should be CAR-owned, including the political process, and should prioritize reconciliation of the Central African people, through an inclusive process that involves men and women of all social, economic, political, religious and ethnic backgrounds, including, those displaced by the crisis, Welcoming in this regard the joint action of some domestic religious leaders at the national level in trying to pacify relations and end violence between religious communities and noting the need to amplify their voices at the local level, Noting with concern that while improving, the security situation in the CAR remains fragile, due to the continued presence of armed groups and other armed spoilers, as well as the ongoing violence, the lack of capacity of the national security forces, and the persistence of the root causes of the conflict,
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Condemning the multiple violations of international humanitarian law and the widespread human rights violations and abuses, committed notably by both ex-Seleka elements and militia groups, in particular the “anti-Balaka”, Condemning also the recent and ongoing acts of violence and criminality in Bangui, including the kidnapping of CAR police by armed groups, as well as incidents in the interior of the country, particularly in Ngaoundaye and Bambari, which have caused displacement of local populations, as well as by the recent attacks and abductions perpetrated by the Lord’s Resistance Army in the southeast since the beginning of the year, Recalling the submission of the report (S/2014/928) of the International Commission of Inquiry established by resolution 2127 (2013), noting with concern its finding that the main parties to the conflict, including ex-Seleka, the anti-Balaka, and elements from the CAR Armed Forces (FACA) who collaborated with armed groups committed violations of international humanitarian law and human rights violations and abuses since 1 January 2013, that may amount to war crimes and crimes against humanity, including ethnic cleansing by elements of the anti-Balaka militia, Condemning in the strongest terms all attacks and provocations against the United Nations Integrated Multidimensional Mission in the Central African Republic (MINUSCA) contingents and other international forces by armed groups or other perpetrators, underlining that attacks targeting peacekeepers may constitute war crimes, reminding all parties of their obligations under international humanitarian law and urging the CAR Authorities to take all possible measures to ensure the arrest and prosecution of perpetrators, Stressing the urgent and imperative need to end impunity in the CAR and to bring to justice perpetrators of violations of international humanitarian law and of abuses and violations of human rights, underlining in this regard the need to bolster national accountability mechanisms, including the Special Criminal Court (SCC) and underlining its support for the work of the Independent Expert on human rights in the CAR, Reiterating the primary responsibility of the national authorities to ensure a conducive environment for the effective and independent investigation, prosecution and adjudication of all cases, Welcoming the commitment of the Secretary-General to enforce strictly his zero-tolerance policy on sexual exploitation and abuse, expressing grave concern over numerous allegations of sexual exploitation and abuse reportedly committed by peacekeepers in the CAR, as well as by non-United Nations forces, stressing the urgent need for Troop- and Police-contributing countries and, as appropriate, MINUSCA, to promptly investigate those allegations in a credible and transparent manner and for those responsible for such criminal offences or misconduct to be held to account, and further stressing the need to prevent such exploitation and abuse and to improve how these allegations are addressed, Emphasizing the fact that the current security situation in the CAR provides a conducive environment for transnational criminal activity, such as that involving arms trafficking and the use of mercenaries as well as a potential breeding ground for radical networks,
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Expressing grave concern at the threat to peace and security in the CAR arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, and the use of such weapons against civilians, Acknowledging in this respect the important contribution to the peace, stability or security of the CAR, of the Council-mandated sanctions regime renewed by resolution 2262 (2016), including its provisions related to the arms embargo, and its provisions related to individuals or entities designated by the Committee as engaging in or providing support for acts that undermine the peace, stability or security of the CAR, Reiterating that illicit trade, exploitation and smuggling of natural resources including gold, diamonds and wildlife poaching and trafficking continues to threaten the peace and stability of the CAR, Expressing concern about reported travel by individuals designated pursuant to UNSC resolution 2127 (2013) and noting the critical importance of effective implementation of the sanctions regime, including the key role that neighbouring States, as well as regional and subregional organizations, can play in this regard and encouraging efforts to further enhance cooperation, Reiterating its serious concern at the dire humanitarian situation in the CAR, and emphasizing in particular the humanitarian needs of the more than 418,000 internally displaced persons (IDPs), of the approximately 36,000 civilians trapped in enclaves, and of the more than 480,000 refugees in neighbouring countries, a large number of whom are Muslim, and further expressing concern at the consequences of the flow of refugees on the situation in Chad, Cameroon and the Democratic Republic of the Congo, as well as other countries of the region, Recalling the responsibility of the CAR Authorities to protect and promote the right to freedom of movement of all people in the CAR, including IDPs, without distinction, their freedom to choose where to reside, and to comply with their right to return to their own country or to leave in order to seek asylum in other States, Reiterating also its appreciation for the efforts of the International Contact Group on the CAR, and encouraging all stakeholders to pursue their efforts, Welcoming the holding of, and local participation in, grassroots consultations throughout the country between 21 January and 8 March 2015, which enabled thousands of people in the CAR to express their views on the future of their country, and the holding of the Bangui Forum in May 2015, during which the Republican Pact for Peace, National Reconciliation and Reconstruction as well as agreements on the principles for disarmament, demobilization, reintegration and repatriation (DDR/R), justice and reconciliation, and security sector reform (SSR), and on the commitment by armed groups to end the recruitment and use of children and to release all children from their ranks, were adopted, Welcoming the peaceful organization of a constitutional referendum on 13 December 2015 and legislative and presidential elections in December 2015, February and March 2016, as well as the inauguration of the President FaustinArchange Touadéra on 30 March 2016, Recalling the need for an inclusive, gender-sensitive and effective disarmament, demobilization and reintegration process (DDR) as well as repatriation (DDRR) in
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the case of foreign fighters, including children formerly associated with armed forces and groups, while respecting the need to fight against impunity, Welcoming the successful conduct of pre-DDR activities which have contributed to reduce the presence of members of armed groups, Underlining the need to support national, and to coordinate international, efforts towards the transformation of the security sector in the CAR and stressing the important role of the internal security forces (police and gendarmerie) in the restoration of security in the CAR, Welcoming in this regard the work done by the European Union military advice mission (EUMAM-RCA), which provided, at the request of the CAR Authorities, expert advice on reforming the FACA and welcoming also the launch of an EU training mission (EUTM) which will extend the support provided to reform the FACA into multi-ethnic, professional, and representative armed forces, as indicated in the letter of the High Representative of the EU for Foreign and Security policy dated 30 May 2016, Recalling its resolutions on the protection of civilians in armed conflict, including 2286 (2016) and 1894 (2009); its resolutions on Children and Armed Conflict including 2225 (2015) and its resolutions on Women, Peace and Security including 2106 (2013) and 2242 (2015), and calling upon all parties in the CAR to engage with the Special Representative on Children and Armed Conflict and the Special Representative on Sexual Violence in Conflict, Expressing its concern that children have continued to be victims of abuses committed by armed elements of the ex-Seleka and anti-Balaka as well as other armed groups including the Lord’s Resistance Army (LRA), and that women and girls continue to be violently targeted and victims of sexual and gender-based violence in the CAR, Emphasizing that the continued role and contribution of the region, including the Economic Community of Central African States (ECCAS) as well as the African Union (AU) remains critical for the promotion of lasting peace and stability in the CAR, reiterating its appreciation for their ongoing efforts in this regard, and welcoming the deployment of AU advisors to support the victims of sexual violence in the CAR, Welcoming the strong engagement of the European Union (EU) and the positive engagement of other International Organizations such as the Organisation Internationale de la Francophonie (OIF) and the Organization of Islamic Cooperation (OIC) for the CAR, and further welcoming the bilateral contributions of Member States to the stabilization of the CAR, Calling on international partners to assist the CAR Authorities in building the institutional and operational capacities of national police, gendarmerie and customs authorities to effectively monitor the borders and points of entry, including to support the implementation of the measures renewed and modified by paragraph 1 of resolution 2262 (2016) and the disarmament and repatriation of foreign armed elements, Calling on international partners to urgently provide financial contributions to support the reform and stabilization programmes, including the national dialogue and reconciliation, the extension of State authority, accountability, DDR/R and SSR
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processes, and the restoration of the judicial and penal chains in order to fight against impunity, in view of the international support conference to be held in Brussels in November 2016, Stressing the need to implement MINUSCA’s mandate, based on the prioritization of tasks, and, when relevant, in a phased manner, Welcoming the Special Report of the Secretary-General of 22 June 2016 (S/2016/565) on the Strategic Review of MINUSCA, Taking note of the letters sent by CAR President Faustin-Archange Touadéra to the Security Council dated 9 May 2016 and 17 May 2016 and by which the President called for the extension of the urgent temporary measures created by resolution 2149 (2014), and the support of the United Nations in supporting the sustainable reduction of the presence of armed groups through a comprehensive approach, Determining that the situation in the CAR continues to constitute a threat to international peace and security in the region, Acting under Chapter VII of the Charter of the United Nations,
Political process 1. Expresses its support to President Faustin-Archange Touadéra as President of the Central African Republic and welcomes the formation of the CAR Government; 2. Urges the CAR authorities to urgently implement a genuine and inclusive reconciliation in the CAR, including by addressing marginalization and local grievances of all the components of society over the whole territory of the CAR, including through national policies on economic development and civil service recruitment, and to promote reconciliation initiatives at the regional, national, prefectural and local levels, including through local elections; 3. Also calls upon the CAR authorities to ensure that national policies and legislative frameworks adequately protect the human rights of Internally Displaced Persons (IDPs), including freedom of movement, and supports durable solutions for IDPs and refugee populations, including the voluntary, safe, dignified and sustainable return to one’s home or local integration or resettlement; 4. Recalls the crucial role of civil society in the peace and reconciliation process to ensure that the political solution addresses the root causes of the conflict; 5. Underscores the importance of respect for the Constitution to ensure the long-term stabilization and development of the CAR; 6. Demands that all militias and armed groups lay down their arms, cease all forms of violence and destabilizing activities, and release children from their ranks, immediately and unconditionally; 7. Encourages the submission by Member States of listing requests to the Committee established by paragraph 57 of resolution 2127 (2013), including detailed evidentiary support for each request, of individuals and entities engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the political process, or the stabilization and reconciliation process, or that fuel violence;
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8. Urges the CAR authorities to address the presence and activity of armed groups in the CAR by implementing a comprehensive strategy that prioritizes dialogue and the urgent implementation of an inclusive DDR/R programme, to be implemented in coherence with SSR which ensures civilian oversight of defence and national security forces, with the support of the international community; 9. Urges also the CAR authorities to adopt and implement a National Security Policy and a comprehensive strategy on SSR, including a strategy for a comprehensive reform of both the FACA, and the internal security forces (police and gendarmerie), in order to put in place professional, ethnically representative and regionally balanced national defence and internal security forces, including through the adoption and implementation of appropriate vetting procedures of all defence and security personnel, including human rights vetting, as well as measures to absorb elements of armed groups meeting rigorous eligibility and vetting criteria, and requests the Secretary-General to report to the Council on progress taken in this regard as part of his regular reporting cycle; 10. Calls on the CAR authorities to take concrete steps, without delay and as a matter of priority, to strengthen justice institutions and to fight impunity, in order to contribute to stabilization and reconciliation, including, inter alia, by restoring administration of the judiciary, criminal justice and penitentiary systems throughout the country, by demilitarizing the prisons and gradually replace the FACA by recruiting civilian prison personnel and by ensuring access to fair and equal justice for all, and to swiftly operationalize the Special Criminal Court (SCC); 11. Also calls on the CAR authorities to continue their efforts to restore the effective authority of the State over the whole territory of the CAR, including by redeploying State administration in the provinces, and ensuring the timely payment of salaries to civil servants and Security forces, with the objective of ensuring stable, accountable, inclusive and transparent governance; 12. Encourages the CAR Authorities, with the support of the international community, in particular with International Financial Institutions (IFI) leading international efforts, and based on critical peace and State building goals, to continue consolidating public financial management and accountability, including revenue collection, expenditure controls, public procurement and concession practices building on relevant international experiences and in a manner that allows it to meet the expenses related to the functioning of the State, implement early recovery plans, and revitalize the economy, and fosters national ownership and respects the sovereignty of the CAR; 13. Further calls on Member States, international and regional organizations to urgently provide support to the CAR Authorities for the reforms, for the restoration of the State authority over the whole territory, including contributions for the payment of salaries and other needs, in addition to support for the SSR and DDR/R programmes and for the restoration of the judiciary and the criminal justice system including the SCC, and notes that the pledging conference to be held in Brussels in November 2016 will provide an opportunity to do so; 14. Welcomes the continued engagement of the United Nations, including the Regional Office for Central Africa (UNOCA), the African Union (AU), the Economic Community of Central African States (ECCAS), neighbouring States, the European Union, the International Contact Group (ICG), the Group of Eight
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(G8-RCA), the World Bank and the International Monetary Fund, and other international partners and donors in support of the stabilization of the CAR; 15. Takes note of the development of a framework of mutual accountability between the CAR authorities and international partners under the leadership of the CAR Government, with the aim of enhancing transparency and accountability as well as the coherence and sustained support of the CAR’s international partners in support of agreed national priorities; 16. Stresses in this context the valuable role of the Peace-building Commission (PBC) in bringing strategic advice and fostering a more coherent, coordinated and integrated approach to international peace-building efforts, recognizes the active role of the Kingdom of Morocco, and encourages continued coordination with the PBC and other relevant international organizations and institutions in support of CAR’s long term peace building needs;
Human rights, including child protection and sexual violence in conflict 17. Reiterates the urgent and imperative need to hold accountable all perpetrators of violations of international humanitarian law and violations and abuses of human rights, irrespective of their status or political affiliation, and reiterates that some of those acts may amount to crimes under the Rome Statute of the International Criminal Court (ICC), to which the CAR is a State party; 18. Notes the decision made by the Prosecutor of the ICC on 24 September 2014 to open, following the request of the national authorities, an investigation into alleged crimes committed since 2012, and welcomes the ongoing cooperation of the CAR Authorities in this regard; 19. Calls upon all parties to armed conflict in the CAR, including ex-Seleka elements and anti-Balaka elements, to end all violations and abuses committed against children, in violation of applicable international law, including those involving their recruitment and use, rape and sexual violence, killing and maiming, abductions and attacks on schools and hospitals and further calls upon the CAR Authorities to investigate swiftly alleged violations and abuses in order to hold perpetrators accountable and to ensure that those responsible for such violations and abuses are excluded from the security sector; 20. Reiterates its demands that all parties protect and consider as victims those children who have been released or otherwise separated from armed forces and armed groups, and emphasizes the need to pay particular attention to the protection, release and reintegration of all children associated with armed forces and armed groups; 21. Calls upon all parties to armed conflict in the CAR, including ex-Seleka and anti-Balaka elements, to end sexual and gender-based violence, and further calls upon the CAR Authorities to investigate swiftly alleged abuses in order to hold perpetrators accountable, and to develop a structured and comprehensive framework to address sexual violence in conflict, in line with its resolutions 1960 (2010) and 2106 (2013), to ensure that those responsible for such crimes are excluded from the security sector and prosecuted, and to facilitate immediate access for victims of sexual violence to available services;
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Peacekeeping Operation 22. Commends the work of the Special Representative of the SecretaryGeneral (SRSG) Parfait Onanga-Anyanga and takes note of the increased deployment of MINUSCA’s military component, and encourages increased and flexible deployments of police and civilian components throughout the country; 23. Decides to extend the mandate of MINUSCA until 15 November 2017; 24. Decides that MINUSCA has an authorized troop ceiling of 10,750 military personnel, including 480 Military Observers and Military Staff Officers, 2,080 police personnel, including 400 Individual Police Officers, as well as 108 corrections officers, and recalls its intention to keep this number under continuous review in particular for the additional troops authorized by resolutions 2212 (2015) and 2264 (2016); 25. Reiterates the importance of current and future Troop- and Policecontributing countries (T/PCCs) providing troops and police with adequate capabilities and equipment in order to enhance the capacity of MINUSCA to operate effectively and requests the Secretary-General to accelerate the recruitment of qualified staff, who have the competencies, education, work experience and language skills to adequately and effectively implement the tasks enumerated in paragraphs 32 to 35 below; 26. Requests the Secretary-General to take all possible steps, including through the full use of existing authorities and at his discretion, to maximize MINUSCA’s operational capacity and ability to discharge its mandate, with a specific focus on priority areas, over the entire territory of the CAR, including through enhancing MINUSCA’s personnel, mobility assets and capabilities for gathering timely, reliable and actionable information on threats to civilians and the analytical tools to use it, while continuing to strengthen the performance of the Mission; 27. Notes the progress of all troop and police contributing countries to meet UN standards, in particular former International Support Mission to CAR (MISCA) TCCs/PCCS, and calls on them to immediately finalize the procurement and deployment of all required contingent-owned equipment, in order to comply with United Nations standards for troops and police; 28. Further urges the Secretariat to continue to explore, on the basis of need, the use of specialized police teams together with specialized required equipment, for police and gendarmerie capacity building and development and operational support; 29. Requests that the Secretary-General and his Special Representative take the necessary steps to reinforce the capacity of the police component of MINUSCA, within the authorized Force ceiling, and requests the enhanced deployment of the police component throughout the CAR and the recruitment and deployment of specialized personnel; 30. Urges MINUSCA and all relevant United Nations bodies, to ensure unhindered access for the Panel of Experts established pursuant to resolution 2127 (2013), in particular to persons, documents and sites within their control in order for the Panel to execute its mandate;
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31. Decides that MINUSCA’s mandate should be implemented based on a prioritization of tasks established in paragraphs 33 to 36 of this resolution, and, when relevant, in a phased manner, and further requests the Secretary-General to reflect this prioritization in the deployment and in the allocation of resources to the mission; 32. Authorizes MINUSCA to take all necessary means to carry out its mandate within its capabilities and areas of deployment; 33. Decides that the mandate of MINUSCA shall include the following immediate priority tasks:
(a) Protection of civilians (i) To protect, without prejudice to the primary responsibility of the CAR authorities and the basic principles of peacekeeping in line with S/PRST/2015/22, the civilian population from threat of physical violence, within its capabilities and areas of deployment, especially through maintaining a proactive deployment, a mobile and flexible posture, and active patrolling, including in areas of displacement and eventual return as well as at risk communities, while mitigating risks to civilians posed by its military and police operations; (ii) To provide specific protection for women and children affected by armed conflict, including through the deployment of Child Protection Advisers, Women Protection Advisers and Gender Advisers; (iii) To identify and report threats to and attacks against civilians and implement prevention and response plans and strengthen civil-military cooperation; (iv) To fully implement and deliver, in close consultation with humanitarian and human rights organizations and other relevant partners, the mission-wide protection of civilians strategy;
(b) Promotion and protection of human rights (i) To monitor, help investigate, and report publicly and to the Security Council on violations of international humanitarian law and on violations and abuses of human rights committed throughout the CAR, including undertaking a mapping of such violations and abuses since 2003 to inform efforts to fight impunity; (ii) To monitor, help investigate and report on violations and abuses committed against children and women, including rape and other forms of sexual violence in armed conflict; (iii) To assist the CAR authorities in their efforts to protect and promote human rights and prevent violations and abuses, including through the establishment of a national human rights commission and to strengthen the capacity of civil society organizations;
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(c) Facilitate the creation of a secure environment for the immediate, full, safe and unhindered delivery of humanitarian assistance To improve coordination with humanitarian actors, in order to facilitate the creation of a secure environment for the immediate, full, safe and unhindered, civilian-led delivery of humanitarian assistance, in accordance with United Nations guiding humanitarian principles and relevant provisions of international law, and for the voluntary safe, dignified and sustainable return or local integration or resettlement of internally displaced persons or refugees in close coordination with humanitarian actors;
(d) Protection of the United Nations To protect the United Nations personnel, installations, equipment and goods and ensure the security and freedom of movement of United Nations and associated personnel; 34. Decides that MINUSCA’s strategic objective is to support the creation of conditions conducive to the sustainable reduction of the presence of, and threat posed by, armed groups through a comprehensive approach and a proactive and robust posture without prejudice to the basic principles of peacekeeping, that combines and includes the following core priority tasks:
(a) Support for the reconciliation and stabilization political processes, the extension of State authority and the preservation of territorial integrity (i) To provide good offices and technical expertise in support of efforts to address the root causes of conflict, in particular in mediation and reconciliation processes, inclusive national dialogue, transitional justice and conflict-resolution mechanisms, working with relevant regional and local bodies and religious leaders, while ensuring the full and effective participation of women in line with the CAR action plan on Women, Peace and Security; (ii) To support efforts of the CAR authorities to address marginalization and local grievances, including through dialogue with the armed groups, civil society leaders including women and youth representatives, and by assisting national, prefectoral and local authorities to foster confidence among communities; (iii) To support a gradual handover of security of key officials, and static guard duties of national institutions, to the CAR security forces, in coordination with the CAR Authorities, and based on the risks on the ground; (iv) To advise the government in its engagement with neighbouring countries, the ECCAS, and the AU, in consultation with UNOCA; (v) To promote and support the rapid extension of State authority over the entire territory of the CAR, including by supporting the immediate redeployment of police and gendarmerie in priority areas and main supply routes, which would contribute to the development of stable security institutions in more remote areas; (vi) To reinforce co-location of MINUSCA with vetted and trained national police and gendarmerie in agreed priority areas, as part of the deployment of
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the territorial administration and other rule of law authorities, for increasing State presence in these priority areas outside of Bangui; (vii) To help the CAR authorities in developing and implementing a nationally-owned strategy to address illegal taxation and illicit exploitation of natural resources related to the presence of armed groups; (viii) To actively seize, confiscate and destroy, as appropriate, the weapons and ammunitions of armed elements, including all militias and other non-state armed groups, who refuse or fail to lay down their arms;
(b) Security Sector Reform (SSR) (i) To provide strategic and technical advice to the CAR authorities to design and implement a strategy for the SSR, taking into account the work done by EUMAM-RCA and in close coordination with EUTM-RCA, and with the aim of ensuring coherence of the SSR process, including through a clear delineation of responsibilities of the FACA, the internal security forces, and other uniformed entities, as well as the democratic control of both defence and internal security forces; (ii) To support the CAR authorities in developing an approach to the vetting of defence and security elements (FACA, police and gendarmerie) which includes human rights vetting, in particular to promote accountability of violations of international and domestic law amongst security forces and in the context of any integration of demobilized armed groups elements into security sector institutions; (iii) To take a leading role in supporting the CAR authorities on the reform and development of the police and the gendarmerie, through the design and implementation of a capacity-building and development plan, undertaken pursuant to an overall security sector reform strategy, and by providing technical assistance, in close coordination with other technical assistance providers, to the CAR Government; (iv) To support the CAR government in developing an incentive structure for police and gendarmerie and the selection, recruitment, vetting and training of police and gendarmerie to include at least 500 new police and gendarmerie elements, with the support of donors and the United Nations Country Team (UNCT), taking into account the need to recruit women, and in full compliance with the UN Human rights due diligence policy (HRDDP); (v) To coordinate the provision of technical assistance and training between the international partners in the CAR, in particular with EUTM-RCA, in order to ensure a clear distribution of tasks in the field of SSR, for the benefit of both the FACA and the CAR internal security forces (police and gendarmerie); (vi) To coordinate with the CAR authorities in designing a plan for the progressive, and coordinated re-operationalization of FACA and other internal security forces within the framework of the SSR programme and in compliance with the HRDDP, in close coordination with EUTM-RCA;
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(c) Disarmament, Demobilization, Reintegration (DDR) and Repatriation (DDRR) (i) To support the CAR Authorities in developing and implementing an inclusive and progressive programme for the disarmament, demobilization and reintegration (DDR) and, in case of foreign elements, Repatriation (DDRR), of members of armed groups, based on the Principles of DDRR and Integration into the Uniformed Corps, signed at the Bangui Forum on 10 May 2015, while paying specific attention to the needs of children associated with armed forces and groups; (ii) To support the CAR authorities in undertaking an inclusive dialogue on community security and local development with members of armed groups and other national stakeholders, including representatives of local communities, with a view to addressing the root causes of conflict; (iii) To support the CAR authorities and relevant civil society organizations in developing and implementing Community Violence Reduction programmes for members of armed groups non-eligible for participation in the national DDRR programme; (iv) To provide technical assistance to the CAR authorities in developing and implementing a national plan for the integration of eligible demobilized members of armed groups into the security and defence forces, in line with the broader SSR agenda; (v) To provide technical assistance to the CAR authorities in their development and operationalization of a national commission for Small Arms and Light Weapons to address civilian disarmament and the fight against the illicit proliferation of small arms and light weapons; (vi) To destroy, as appropriate, the weapons and ammunitions of disarmed combatants in keeping with its effort to seize and collect arms and related materiel the supply, sale or transfer of which violate the measures imposed by paragraph 1 of resolution 2262 (2016);
(d) Assistance to advance the rule of law and combat impunity Urgent temporary measures: (i) To urgently and actively adopt, within the limits of its capacities and areas of deployment, at the formal request of the CAR Authorities and in areas where national security forces are not present or operational, urgent temporary measures on an exceptional basis and without creating a precedent and without prejudice to the agreed principles of peacekeeping operations, which are limited in scope, time-bound and consistent with the objectives set out in paragraphs 33, 34 (a) and 35 (a), to arrest and detain in order to maintain basic law and order and fight impunity; (ii) To pay particular attention, in implementing the urgent temporary measures in the conditions stated above, to those engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the political process, or the stabilization and reconciliation process, or that fuel violence;
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(iii) Requests the Secretary-General to continue to report to the Security Council any measures that may be adopted on this basis; Fight against impunity, including the Special Criminal Court (SCC): (iv) To provide technical assistance to the CAR Authorities to identify, investigate and prosecute those responsible for crimes involving violations of international humanitarian law and of violations and abuses of human rights committed throughout the CAR so that they can be brought to justice, and to help prevent such violations and abuses; (v) To provide support and to coordinate international assistance to the justice and correctional institutions to reinstate the criminal justice system, within the framework of the United Nations global focal point on rule of law, in a manner that emphasizes civilian oversight, impartiality and the protection of human rights; (vi) To provide technical assistance to the CAR Authorities in partnership with other international partners, to operationalize of the SCC consistent with CAR laws and jurisdiction and in line with the CAR’s international humanitarian law and international human rights law obligations, with the aim of supporting the extension of State authority; (vii) To provide technical assistance, in partnership with other international partners, and capacity building for the CAR authorities, in order to facilitate the functioning of the SCC, in particular in the areas of investigations, arrests, detention, criminal and forensic analysis, evidence collection and storage, recruitment and selection of personnel, court management, prosecution strategy and case development and the establishment of a legal aid system, as appropriate, as well as, to provide security for magistrates, including at the premises and proceedings of the SCC, and take measures for the protection of victims and witnesses, in line with the CAR’s international human rights obligations, including with respect to fair trials, and due process; (viii) To assist in the coordination and mobilization of bilateral and multilateral support to the operationalization and functioning of the SCC; 35. Further authorises MINUSCA to use its capacities to assist the CAR authorities for, and, where relevant, implement, the following essential tasks:
(a) Support for national and international justice and the rule of law (i) To help reinforce the independence of the judiciary, build the capacities, and enhance the effectiveness and accountability of the national judicial and penitentiary system; (ii) To help build the capacities of the national human rights institution coordinating with the Independent Expert on human rights as appropriate; (iii) Without prejudice to the primary responsibility of the CAR authorities, to support the restoration and maintenance of public safety and the rule of law, including through apprehending and handing over to the CAR authorities, consistent with international law, those in the country responsible for crimes involving serious human rights violations and abuses and serious violations of international humanitarian law so that they can be brought to justice, and
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through cooperation with States of the region as well as the ICC in cases of crimes falling within its jurisdiction; (iv) To provide strategic, policy and technical advice to the CAR authorities to design and implement a comprehensive strategy for transitional justice;
(b) Illicit exploitation and trafficking of natural resources To support the CAR authorities to develop a nationally-owned strategy to tackle the illicit exploitation and trafficking networks of natural resources which continue to fund and supply armed groups in the CAR taking into account, where appropriate, the reports of the Panel of Experts established pursuant to resolution 2127 (2013) and the decisions of the Kimberley Process (KP), with the aim of extending the State authority over the entire territory and its resources; 36. Further authorizes MINUSCA to carry out within its existing resources the following additional tasks: (a) To coordinate international assistance as appropriate; (b) To assist the Committee established pursuant to paragraph 57 of resolution 2127 (2013) and the Panel of Experts established by the same resolution, including by passing information relevant to the implementation of the mandate of the Committee and Panel of Experts; (c) To monitor the implementation of the measures renewed and modified by paragraph 1 of resolution 2262 (2016), in cooperation with the Panel of Experts established pursuant to resolution 2127 (2013), including by inspecting, as it deems necessary and when appropriate without notice, all arms and related materiel regardless of location, and advise the Authorities on efforts to keep armed groups from exploiting natural resources; (d) To seize and collect arms and any related materiel the transfer of which to the CAR violates the measures imposed by paragraph 54 of resolution 2127 (2013) and to record and dispose of such arms and related materiel as appropriate; (e) To provide transport for relevant State authorities in carrying out inspections and monitoring visits in key mining areas and sites as appropriate and on a case by case basis and when the situation allows, as a means to promote and support the rapid extension of the State authority over the entire territory; 37. Requests the Secretary-General to deploy and allocate personnel and expertise within MINUSCA to reflect the priorities identified by paragraph 33 to paragraph 36 of this resolution, and to continuously adjust this deployment according to the progresses made in the implementation of this mandate; 38. Encourages MINUSCA to develop measurable targets by which to assess progress against the core priority tasks set in pursuit of the strategic objective defined in paragraph 34 of this resolution; 39. Requests MINUSCA to continue using relevant and tailored communication tools, in particular radio, to help the local people better understand the mandate of the mission, its activities, and to build trust with the CAR citizens, parties to the conflict, regional and other international actors and partners on the ground as part of an effective political strategy;
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40. Requests MINUSCA to enhance its operational coordination with the African Union Regional Task Force on the LRA (AU-RTF), as well as other entities involved in the implementation of the UN regional strategy to address the threat and impact of the activities of the LRA, and requests MINUSCA to share relevant information with the AU-RTF and with non-governmental organizations involved in tackling the threat of the LRA; 41. Calls upon the CAR Authorities and international partners and relevant United Nations entities, in coordination with MINUSCA and United Nations Mine Action Service (UNMAS), to address the illicit transfer, destabilizing accumulation, and misuse of small arms and light weapons in the CAR, and to ensure the safe and effective management, storage and security of stockpiles of small arms and light weapons, and the collection and/or destruction of surplus, seized, unmarked, or illicitly held weapons and ammunition, and further stresses the importance of incorporating such elements into SSR and DDR/R programmes; 42. Encourages the CAR authorities to implement the Central African Convention for the Control of Small Arms and Light Weapons, their Ammunition, Parts and Components that can be used for their Manufacture, Repair or Assembly signed at Kinshasa on April, 30 2010; 43. Urges the CAR, its neighbouring States and other member States of the International Conference on the Great Lakes Region (ICGLR) to cooperate at the regional level to investigate and combat regional criminal networks and armed groups involved in the illegal exploitation and smuggling of natural resources including gold, diamonds and wildlife poaching and trafficking; 44. Requests MINUSCA to take fully into account child protection as a cross-cutting issue throughout its mandate and to assist the CAR authorities in ensuring that the protection of children’s rights is taken into account, inter alia, in DDR and DDR/R processes and in SSR in order to end and prevent violations and abuses against children; 45. Requests MINUSCA to take fully into account gender mainstreaming as a cross-cutting issue throughout its mandate and to assist the Government of the CAR in ensuring the full and effective participation, involvement and representation of women in all spheres and at all levels, including in stabilization activities, SSR and DDR and DDR/R processes, as well as in the national political dialogue and electoral processes, through, inter alia, the provision of gender advisers, and further requests enhanced reporting by MINUSCA to the Council on this issue; 46. Requests MINUSCA, within its existing resources and mandate, to assist the political efforts of the AU, ECCAS, UNOCA and the Group of Eight (G8-RCA) to support the political process; 47. Requests the Secretary-General to conduct an electoral needs assessment mission in relation to the conduct of the local elections further to the request of the CAR National Electoral Authority, and to report to the Security Council on the findings of the assessment as part of his regular reporting to the Council; 48. Recalls its Presidential Statement S/PRST/2015/22 and its resolution 2272 (2016) and requests the Secretary-General to take all necessary measures to ensure full compliance of MINUSCA with the United Nations zero tolerance policy
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on sexual exploitation and abuse and to keep the Council informed through his reports to the Council about the Mission’s progress in this regard, and urges TCC/PCCs to take appropriate preventative action including pre-deployment awareness training, and to ensure full accountability in cases of such conduct involving their personnel; 49. Requests MINUSCA to ensure that any support provided to non-United Nations security forces is provided in strict compliance with the HRDDP, and requests the Secretary-General to include information on any such support in his reports to the Council; 50. Emphasizes the need for MINUSCA, EUTM-RCA and the French forces operating in the CAR, while carrying out their mandate, to act in full respect of the sovereignty, territorial integrity and unity of the CAR and in full compliance with applicable international humanitarian law, human rights law and refugee law and recalls the importance of training in this regard;
MINUSCA Freedom of movement 51. Urges all parties in the CAR to cooperate fully with the deployment and activities of MINUSCA, in particular by ensuring its safety, security and freedom of movement with unhindered and immediate access throughout the territory of the CAR to enable MINUSCA to carry out fully its mandate in a complex environment including by helping to ensure the full and effective implementation of, and compliance with, the host country agreement (SOFA) by the CAR authorities; 52. Calls upon Member States, especially those in the region, to ensure the free, unhindered and expeditious movement to and from the CAR of all personnel, as well as equipment, provisions, supplies and other goods, including vehicles and spare parts, which are for the exclusive and official use of MINUSCA;
Humanitarian access 53. Demands that all parties allow and facilitate the full, safe, immediate and unhindered access for the timely delivery of humanitarian assistance to populations in need, in particular to internally displaced persons, throughout the territory of the CAR, in accordance with the United Nations guiding principles of humanitarian assistance and relevant provisions of international law; 54. Further demands that all parties ensure respect and protection of all medical personnel and humanitarian personnel exclusively engaged in medical duties, their means of transport and equipment, as well as hospitals and other medical facilities;
Humanitarian appeal 55. Welcomes the humanitarian appeal, regrets its insufficient current funding, and calls on Member States and international and regional organizations to respond swiftly to this appeal through increased contributions and to ensure that all pledges are honoured in full and in a timely manner;
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French Forces 56. Authorizes French forces, within the limits of their capacities and areas of deployment, from the commencement of the activities of MINUSCA until the end of MINUSCA’s mandate as authorized in this resolution, to use all necessary means to provide operational support to elements of MINUSCA from the date of adoption of this resolution, at the request of the Secretary-General, and requests France to report to the Council on the implementation of this mandate and to coordinate its reporting with that of the Secretary-General referred to in paragraph 58 of this resolution;
Review and Reporting 57. Requests the Secretary-General to review on a regular basis the conditions required for the transition, drawdown and withdrawal of the United Nations operation, in a manner which does not prejudice overall efforts to support long term objectives for peace and stability, and looks forward to receiving this information as part of this regular reporting to the Security Council; 58. Requests the Secretary-General to keep the Council regularly informed of the situation in the CAR and the implementation of the mandate of MINUSCA, to report to the Council, on 1 October 2016, and then every four months from that date, and to include in his reports to the Council updates on and recommendations related to the dynamic implementation of MINUSCA’s mandated tasks, including by providing appropriate financial information, information on the security situation, the priority political elements as defined above on political progress, progress on mechanisms and capacity to advance governance and fiscal management, relevant information on the progress, promotion and protection of human rights and international humanitarian law as well as a review of the troop and police levels, force and police generation and deployment of all MINUSCA’s constituent elements; 59. Decides to remain actively seized of the matter.
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