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Resolution 2463

The situation concerning the Democratic Republic of the Congo

Abstract

S/RES/2463 (2019)
Security Council Distr.: General 29 March 2019
Resolution 2463 (2019)
Adopted by the Security Council at its 8498th meeting, on 29 March 2019
The Security Council, Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC), especially its resolutions 2424 (2018), 2409 (2018), 2389 (2017), and previous resolutions regarding the mandate of MONUSCO and the sanctions regime established by resolutions 1493 (2003) and 1807 (2008), 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, and recognizing that the mandate of each peace-keeping mission is specific to the need and situation of the country concerned, Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the DRC as well as all States in the region and emphasizing the need to respect fully the principles of non-interference, good-neighbourliness and regional cooperation, Welcoming the peaceful holding of the presidential, national and provincial elections in the DRC, commending the millions of Congolese people who went to the polls calmly and with determination, leading to the first peaceful transfer of power between Heads of State in the DRC, despite technical, logistical and security challenges and the decision to suspend the vote in certain parts of the country for specific health and security reasons, and welcoming the use of legal mechanisms by those who sought to dispute the outcome of the elections, Stressing the crucial importance of the full completion of the current electoral cycle, including the outstanding legislative by-elections, and of peaceful, transparent, inclusive and credible local elections in accordance with the Constitution and Electoral Law, calling upon all parties to continue to reject violence of any kind, exercise maximum restraint in their actions and statements, to refrain from provocations such as violence and speeches inciting violence, so as not to inflame the situation, and to address their differences peacefully, noting the example set by the 31 December 2016 “comprehensive and inclusive political agreement” in that regard, Recalling that the Government of the DRC bears the primary responsibility to protect civilians within its territory and subject to its jurisdiction, including protection from crimes against humanity and war crimes,
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Welcoming the preliminary actions taken by President Tshisekedi to put an end to restrictions of the political space in the DRC, in particular arbitrary arrests and detention of members of the political opposition and of civil society, as well as restrictions of fundamental freedoms such as the freedom of opinion and expression, freedom of the press, and the right of peaceful assembly, and encouraging further measures towards the prompt achievement of this objective, Noting that the DRC has continued to suffer from recurring and evolving cycles of conflict and persistent violence by armed groups, expressing particular concern at the reports of inter-communal and militia violence in areas of the DRC, as well as the continued presence of foreign armed groups, while at the same time welcoming the expression of readiness by some armed groups to lay down their weapons and, in that regard, calling upon the Government of the DRC and its partners to urgently provide adequate and timely support for the disarmament, demobilisation and reintegration (DDR) of former combatants, and calling upon all parties to take appropriate measures to protect civilians, as well as protect and respect United Nations, diplomatic and foreign premises, property and personnel in the DRC, Reiterating its deep concern regarding the security and humanitarian crisis in the DRC exacerbated by destabilizing activities of foreign and domestic armed groups, stressing the importance of addressing the threat posed by armed groups in the DRC, and recognizing the importance of efforts of the Armed Forces of the DRC (FARDC) and the United Nations Organization Stabilisation Mission in the DRC (MONUSCO), including by conducting joint operations, in accordance with its mandate and the human rights due diligence policy on United Nations-support to non-United Nations forces (HRDDP), Remaining deeply concerned by the persistent high levels of violence and violations and abuses of human rights and violations of international humanitarian law in parts of the country, condemning in particular those involving targeted attacks against civilians, widespread sexual and gender-based violence, recruitment and use of children by armed groups and militias, the forced displacement of significant numbers of civilians, extrajudicial executions and arbitrary arrests, recognizing their deleterious effect on the stabilisation, reconstruction and development efforts in the DRC, and emphasizing that all acts of violence must be investigated and those responsible for all such violations and abuses must be swiftly brought to justice and held accountable, and calling upon the Government of the DRC to facilitate, in line with previous agreements, full and unhindered access for the Joint Human Rights Office in the DRC (UNJHRO) to all detention centres, hospitals and morgues and all other premises required for documenting human rights violations, as applicable, Emphasizing the need for the Government of the DRC to respect human rights and refrain from disproportionate use of force, and welcoming the commitments and actions of President Tshisekedi in that regard, as well as his commitment to combat impunity in all areas, while remaining deeply concerned by reports of serious violations and abuses of human rights and violations of international humanitarian law committed by some members of the Armed Forces of the DRC (FARDC), the National Intelligence Agency (ANR), the Republican Guard and Congolese National Police (PNC) in 2018, Reiterating its concern over the lack of progress in the investigations and prosecutions against alleged perpetrators of human rights violations and abuses committed during the 2011 electoral process, in January 2015, September and December 2016, in December 2017, and January, February and December 2018, and calling for further efforts to hold those responsible to account and fight impunity, Recalling the importance of fighting impunity within all ranks of FARDC and PNC, commending the DRC authorities for prosecutions and convictions of members
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of the FARDC and PNC for crimes against humanity and encouraging them to take further action, and stressing the need for the Government of the DRC to continue to ensure the increased professionalism of its security forces, including training and capacity building of security personnel to fully respect domestic and international human rights law, as well as international humanitarian law, Reaffirming that the Peace, Security and Cooperation (PSC) Framework for the DRC and the region remains an essential mechanism to achieve durable peace and stability in the DRC and the region, recalling the strategic importance of its implementation, and reiterating its call to all signatories to fulfil promptly, fully and in good faith their respective commitments under this Framework in order to address the root causes of conflict and put an end to recurring cycles of violence, and promote lasting regional development, Recalling that it is prepared to impose targeted sanctions under paragraph 7 (d) and (e) of its resolution 2293 (2016), regarding inter alia human rights violations or abuses or violations of international humanitarian law, Recalling the continued cooperation with the International Criminal Court (ICC) by the Government of the DRC following the decision made by the Prosecutor of the ICC in June 2004 to open, following the request of the Government of the DRC, an investigation into alleged crimes committed in the context of armed conflict in the DRC since 2002, and stressing the importance of actively seeking to hold accountable those responsible for genocide, war crimes and crimes against humanity in the country, Encouraging the continuation of efforts by the Secretary-General of the United Nations, the African Union (AU), the International Conference on the Great Lakes Region (ICGLR), and the Southern African Development Community (SADC) to restore peace and security in the DRC, encouraging the Government of the DRC to ensure continuous close cooperation with these and other international parties, and recognizing the efforts of the Government of the DRC aiming at the achievement of peace and national development, Reaffirming the important role of women and youth in the prevention and resolution of conflicts, and in peacebuilding, stressing the importance of their full, equal and effective participation in all efforts for the maintenance of and promotion of peace and security in the DRC, Expressing concern at the illegal exploitation and trafficking of natural resources, particularly timber, so-called “conflict minerals”, particularly gold, as well as charcoal and wildlife, by armed groups and criminal networks supporting them among others, and the negative impact of armed conflict on protected natural areas, which undermines lasting peace and development for the DRC, and encouraging the Government of the DRC to strengthen efforts to safeguard those areas, further encouraging member States of ICGLR and regional economic communities to further increase cooperation in fighting illegal exploitation and trade of natural resources, including through the responsible mineral sourcing supply chain due diligence, Expressing great concern over the humanitarian situation that has left at least 12.8 million Congolese in need of humanitarian assistance, further expressing deep concern regarding the growing number of internally displaced persons in the DRC with 2.1 million estimated to have been displaced in 2018, and the 531,000 refugees in the DRC, as well as the more than 781,000 refugees from the DRC in Africa as a result of ongoing hostilities, further calling upon the DRC and all States in the region to work towards a peaceful environment conducive to the realization of durable solutions for refugees and internally displaced persons, including their eventual voluntary return and reintegration in the DRC in conditions of safety and dignity, with
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the support of the United Nations Country Team (UNCT), stressing that any such solution should be in line with relevant obligations under international refugee law, international humanitarian law and international human rights law, and commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population, calling on member States and other international partners to scale up funding to urgently respond to the humanitarian needs in the country, Expressing grave concern about the most recent outbreak of the Ebola virus in the DRC, which has affected more than 1000 people and claimed the lives of more than 600 people to date, commending the Government of the DRC for its leadership in responding to the outbreak, further commending the efforts of all humanitarian and health workers on the ground including those under the coordination of the World Health Organization (WHO), including by implementing preparedness and operational plans and collaboration with governments of the region and those providing assistance and calling on them to increase information sharing and coordination, and welcoming the support provided by MONUSCO, Recalling all its relevant resolution on the protection of humanitarian and medical personnel, including resolutions 2439 (2018) and 2286 (2016) and expressing further concern at increased impediments to humanitarian access in eastern DRC resulting from insecurity and violence, condemning in that regard the continued attacks against humanitarian actors and assets, including in particular those perpetrated against humanitarian workers and medical personnel responding to the Ebola outbreak, which risk jeopardizing the response, calling upon all parties to respect the impartiality, independence and neutrality of humanitarian actors, and underlining the need for safe and unhindered access for humanitarian actors, Recalling all its relevant resolutions on women, peace and security, on youth, peace and security, on children and armed conflict, and on the protection of civilians in armed conflict, also recalling the conclusions on children and armed conflict in the DRC (S/AC.51/2018/2) adopted on 7 August 2018 by the Security Council Working Group on Children and Armed Conflict pertaining to the parties in armed conflicts of the DRC, and welcoming efforts of the Government of the DRC in this regard, further welcoming efforts by the Government of the DRC to implement resolution 1325 (2000) and encouraging the implementation of the National Action plan, Welcoming the progress achieved by the Government of the DRC, including the Presidential Adviser on Sexual Violence and the Recruitment of Children, in cooperation with the Special Representative of the Secretary-General (SRSG) for Children and Armed Conflict, the SRSG on Sexual Violence in Conflict, and MONUSCO, to implement the action plans to prevent and end the recruitment and use of children and sexual violence by the FARDC, and to combat impunity for sexual violence in conflict, including sexual violence committed by the FARDC and the PNC, as highlighted by the Secretary General in his report S/2018/250, further welcoming the work carried out by MONUSCO child protection advisors, the UN Country Team involved in DRC in order to prevent and eliminate violations and abuses committed against children, including those involving the recruitment and use of children in armed conflict, recalling that such violations may lead to sanctions under paragraph 7(d) of resolution 2293 (2016), and further calling on all actors to contribute to the rehabilitation and reintegration of children formerly associated with armed conflict, Welcoming the efforts of MONUSCO and international partners in delivering training in human rights, international humanitarian law, gender mainstreaming, child protection and protection from sexual and gender-based violence for Congolese security institutions and underlining their importance,
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Recognizing the important use of confidence-building, facilitation, mediation, and community engagement, and the need for MONUSCO, as appropriate and when possible, to continue to explore how it can use these techniques to enhance its ability to support the Mission’s protection, information gathering and situational awareness, and to implement its mandated tasks, including to protect civilians, Welcoming the commitment of the Secretary-General to enforce strictly his zerotolerance policy on sexual exploitation and abuse (SEA), noting the various measures taken by MONUSCO and Troop- and Police-contributing countries (T/PCCs) to combat SEA, which has led to a reduction in reported cases, but still expressing grave concern over allegations of SEA reportedly committed by peacekeepers and civilian personnel in the DRC, emphasizing the need to ensure that incidents can be reported, including by MONUSCO personnel, and duly verified in a safe and simple manner, stressing the urgent need for T/PCCs and, as appropriate, MONUSCO 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 in line with resolution 2272 (2016), Reiterating its call on all parties to cooperate fully with MONUSCO and to remain committed to the full and objective implementation of the Mission’s mandate, reiterating its condemnation of any and all attacks against peacekeepers, and emphasizing that those responsible for such attacks must be held accountable, Emphasizing that MONUSCO’s activities should be conducted in such a manner as to build and sustain peace and facilitate progress towards sustainable peace and development, so as to reduce the level of threat posed by domestic and foreign armed groups to a level that can be managed by the DRC’s security forces, and that progress in the fight against impunity is critical for the security forces are to no longer be perceived as a threat to civilians, stressing the need to involve the UNCT and, in this regard, emphasizing the importance of joint analysis and effective strategic planning with the UNCT, Welcoming the commitment of the Congolese authorities to closely collaborate with MONUSCO and their support to a reconfiguration of the Mission, which the Security Council intends to enact, taking into account the strategic review as per paragraph 45 below, Determining that the situation in the DRC 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 situation and electoral process 1. Commends the Congolese people for their conduct during the presidential, national and provincial elections, that led to the first peaceful transfer of power between Heads of States in the history of the DRC, further welcomes the important role played by national as well as the regional observation missions of SADC, ICGLR and the African Union, reiterates its appeal to all Congolese actors to work for the preservation of the still fragile gains in the path of peace and stability in the DRC, further appeals for the pursuit of national unity, confidence building and peacebuilding, including through inclusive political dialogue among all stakeholders; 2. Calls upon the DRC authorities to work towards the stabilisation and strengthening of the capacity of State institutions, with the support of MONUSCO, in order to fulfil the rights and needs of all Congolese people, further calls upon all political stakeholders to work toward a climate of peace, transparency, inclusion and
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credibility during preparations for the holding of local elections in accordance with the Constitution and the Electoral law; 3. Requests the Secretary-General and calls upon regional organisations to provide political support to the strengthening of State institutions in the DRC and the restoration of trust among the different parties, including through their good offices, in order to consolidate peace and security, tackle the root causes of conflict in priority areas, as well as foster a broad national consensus around key governance and security reforms, the fight against illegal exploitations of natural resources, and support to current electoral processes, in line with the government of DRC’s national priorities;
Human Rights 4. Reiterates its condemnation of the violence witnessed in Eastern DRC and the Kasaï region, strongly condemns the violence committed in Yumbi territory on 16–18 December 2018, some of which the United Nations Joint Human Rights Office (UNJHRO) reported may constitute crimes against humanity, further reiterates the importance and urgency of prompt and transparent investigations into violations of international humanitarian law and violations or abuses of human rights in these regions, including sexual violence, as well as its intention to closely monitor progress of the investigations into these violations and abuses, in order to bring to justice and hold accountable all those responsible, and looks forward to their results; welcomes the commitments of the DRC authorities in that regard, further welcomes the cooperation of the Government of the DRC with the team of international experts on the situation in the Kasai regions mandated by the Human Rights Council in its resolution 35/33, requests the Government of the Democratic Republic of the Congo to implement all the recommendations made by the team of international experts in its report, and to cooperate with the team of two international human rights experts, charged with monitoring, evaluating, providing support and reporting on the implementation by the DRC of those recommendations; further welcomes the Government of the DRC’s continued cooperation with the United Nations team deployed, as agreed, to assist the Congolese authorities investigations into the deaths of the two UN experts in March 2017, and calls on them to ensure all perpetrators are brought to justice and held accountable; 5. Urges the Government of the DRC to hold accountable those responsible for violations of international humanitarian law or violations and abuses of human rights, as applicable, in particular those that may amount to war crimes and crimes against humanity, and stresses both regional cooperation and the DRC’s cooperation with the ICC, following the DRC’s referral of the situation in the DRC in 2004, as well as cooperation with the African Court of Human and People’s Rights; 6. Reiterates its concern about the increase in reported human rights violations by State agents in 2018, welcomes in that regard the decision by President Tshisekedi to hold security forces and police accountable for violations of human rights, release political prisoners, and close irregular detention centres, and his commitments to ensure the Government of the DRC respects human rights and fundamental freedoms, as well as to investigate violations of human rights by State agents, and calls for their swift implementation, further calls upon the Congolese authorities to ensure the prosecution of those responsible for the crimes involving human rights violations and abuses committed in the context of elections, deplores the loss of lives, injuries and arrests recorded during various incidents and condemns any disproportionate use of force, welcomes investigations by the Congolese authorities on any disproportionate use of force by security forces on peaceful protesters, and calls on the Congolese authorities to ensure that those responsible for these acts are swiftly brought to justice, underlines the importance of observing the rule of law;
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7. Strongly condemns sexual violence in conflict perpetrated by all parties in the DRC, welcomes efforts made by the Government of the DRC to combat and prevent sexual violence in conflict, including progress made in the fight against impunity through the arrest, prosecution and conviction of perpetrators from the FARDC and the PNC, and urges the Government of the DRC to continue to strengthen its efforts to combat impunity for sexual violence in conflict, including sexual violence committed by the FARDC and PNC at all levels, and to provide all necessary services and protection to survivors, victims and witnesses, and further calls upon the Government of the DRC to complete investigations into allegations of sexual exploitation and abuse by members of the FARDC in line with the its zero-tolerance policy and, if appropriate, to prosecute those responsible, further encourages the government to take all measures to support the psychological and medical support of victims of sexual violence in conflict to facilitate their return to a normal life and to provide all necessary services, including legal, and protection to survivors; 8. Encourages the Government of the DRC to implement in full its National Strategy and the Roadmap agreed during the national conference in Kinshasa from 11–13 October 2016 to evaluate the implementation of the Joint Communiqué between the Government of the DRC and the United Nations on the Fight Against Sexual Violence in Conflict adopted in Kinshasa on 30 March 2013; 9. Welcomes the progress made by the Government of the DRC to consolidate the gains of the Action Plan to End and Prevent the Recruitment and Use of Children and expedite its implementation and to take all necessary steps to end and prevent violations and abuses against children, and to ensure that children are not detained for their alleged association with armed groups and are handed over to child protection actors, in line with the Ministry of Defence and the National Intelligence Agency Directives issued in 2013, and calls upon the Government of the DRC to continue its efforts;
Armed Groups 10. Strongly condemns all armed groups operating in the DRC and their violations of international humanitarian law as well as other applicable international law, and abuses of human rights especially those involving attacks on the civilian population, United Nations and associated personnel and humanitarian actors, as well as medical personnel and facilities, summary executions, sexual and gender based violence and recruitment and use of children, abductions of children and humanitarian personnel, attacks on schools and hospitals in violation of applicable international law, and reiterates that those responsible must be held accountable; 11. Demands that all armed groups cease immediately all forms of violence, including violations and abuses against children, the use of civilians as human shields and other destabilizing activities, the illegal exploitation and trafficking of natural resources, and further demands that their members immediately and permanently disband, lay down their arms, reject violence and release children from their ranks, recalls in this regard its resolution 2424 (2018) renewing the sanctions regime established by its resolution 1807 (2008); 12. Welcomes the repatriation of FDLR disarmed combatants and some former M23 combatants, calls on the signatory states of the PSC Framework to follow up and provide regular updates on the reintegration of the repatriated former FDLR combatants and their dependents formerly in the camps in Kisangani, Walungu and Kanyabayonga and to complete without precondition the repatriation of the remaining former M23 combatants, as well as other combatants seeking voluntary return to their country of origin, within the shortest time frame possible;
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13. Urges the Governments of the region, with the support of the PSC Guarantors, to strengthen their collaboration in addressing appropriately and holistically the threat of all remaining foreign armed groups in the DRC and the illicit flow of weapons in the region, and encourages them to promote the transparent and lawful management of natural resources, including the adoption of government revenue targets to finance development, sustainable regulatory and customs frameworks, and responsible mineral sourcing supply chain due diligence, and recalls in this regard its resolutions 2457 (2019) and 2389 (2017); 14. Calls for joint operations by the FARDC and MONUSCO, that include joint planning and tactical cooperation, in accordance with MONUSCO’s mandate and the United Nations HRDDP, to ensure all efforts possible are being made to neutralize armed groups and stresses the need to carry out operations in strict compliance with international law, including international humanitarian law and international human rights law, as applicable; 15. Calls on the Government of the DRC to take further military action and to enhance non-military approaches, including tailored Disarmament, Demobilisation and Reintegration (DDR) initiatives, in accordance with international law, including international humanitarian law and international human rights law, as applicable, in coordination and with the support of MONUSCO in accordance with its mandate, to end the threat posed by domestic and foreign armed groups operating in eastern DRC, further calls on the Government of the DRC and other signatories to implement the provisions of the PSC Framework related to the root causes of conflict in order to put an end to the recurring cycle of violence; 16. Welcomes the renewed commitment of all the signatory states of the PSC Framework towards its full implementation, reaffirms that the PSC Framework remains an essential mechanism to achieve durable peace and stability in the DRC and the Region, and stresses in this regard the importance of the signatory States fully implementing their national and regional commitments under the PSC Framework, including not interfering in the internal affairs of neighbouring countries, neither tolerating nor providing assistance or support of any kind to armed groups, and neither harbouring nor providing protection of any kind to persons accused of war crimes, crimes against humanity or acts of genocide; 17. Welcomes the preliminary actions taken by President Tshisekedi to advance security sector reform, and encourages further action in that regard, and calls on the Government of the DRC, which has the primary responsibility for safeguarding the DRC’s sovereignty and territorial integrity, to make further meaningful progress in implementing its commitments under the PSC Framework, in particular as regards the consolidation of State authority, reconciliation, tolerance and democracy, and to remain fully committed to protecting the civilian population through the swift establishment of professional, accountable and sustainable security forces, the deployment of an accountable Congolese civil administration, in particular the police, judiciary, prison and territorial administration and the consolidation of rule of law and promotion and protection of human rights; 18. Calls upon the Government of the DRC to take further steps in particular to uphold its national commitments to Security Sector Reform (SSR), and to readjust its national approach towards DDR, ensuring accountability and the protection of children’s rights is an integral part of those processes, and notes with concern the limited progress in those fields essential for the DRC’s stabilisation to date; 19. Encourages the Government of the DRC to initiate a strategic shift on DDR away from static demobilisation structures to a more flexible approach, in order to effectively attract combatants willing to demobilize into tailored DDR initiatives and transition into a peaceful civilian life with sustainable economic alternatives and
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opportunities, further encourages the government and international partners to allocate adequate resources to its DDR initiatives, acknowledges that the absence of a credible DDR process adjusted to current armed groups dynamics is preventing armed elements from laying down their weapons; 20. Calls for continued national efforts to address the threat posed by the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, including inter alia through ensuring the safe and effective management, storage and security of their stockpiles of weapons and ammunition, with the continued support of MONUSCO, as appropriate and within existing resources;
MONUSCO’s mandate 21. Decides to extend until 20 December 2019 the mandate of MONUSCO in the DRC, including, on an exceptional basis and without creating a precedent or any prejudice to the agreed principles of peacekeeping, its Intervention Brigade, and expresses its intention to further adjust MONUSCO’s mandate following the publication of the Secretary General’s strategic review pursuant to paragraph 45 of this resolution; 22. Decides that MONUSCO’s authorized troop ceiling will be comprised of 16,215 military personnel, 660 military observers and staff officers, 391 police personnel, and 1,050 personnel of formed police units; 23. Decides that the strategic priorities of MONUSCO are to contribute to the following objectives: (a) Protection of civilians, as described in paragraph 29(i) of this resolution; (b) Support to the stabilisation and strengthening of State institutions in the DRC and key governance and security reforms, as described in paragraph 29(ii) of this resolution; 24. Stresses that MONUSCO’s mandate should be implemented based on a prioritization of tasks established in paragraphs 29 to 40 of this resolution, and further requests the Secretary-General to reflect this prioritization in the deployment of the mission and to align budgetary resources according to the prioritization of mandate tasks as set out in this resolution, while ensuring appropriate resources for the implementation of the mandate, and, in this regard, reaffirms that the protection of civilians must be given priority in decisions about the use of available capacity and resources, welcomes in that regard the implementation of MONUSCO’s comprehensive approach to protection of civilians, in particular through a civilianled, mission-wide approach, including the use of integrated Mobile Monitoring Teams; 25. Notes that drivers behind different armed groups’ activities and militia violence are varied, internal and external, and that there is no purely military solution to these problems, underlines the importance of enhanced political and conflict analysis to inform comprehensive military and civil responses to these threats across MONUSCO, including through collecting, analysing and exchanging information at the proper levels and with the Government of the DRC on the criminal networks which support these armed groups, as well as through supporting the DRC authorities to hold accountable those responsible for violations of international humanitarian law or violations and abuses of human rights, and further underlines the need for tailored responses in tackling armed groups; 26. Notes that the elimination of the threat posed by armed groups will require an integrated and regional approach and strong political engagement by the governments of DRC and the region, with the support of MONUSCO and the Special
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Envoy for the Great Lakes, and stresses the need for coordination and cooperation between the Government of the DRC and other national authorities, United Nations entities, civil society organisations and development actors to build and sustain peace, stabilize, improve security situation and assist in restoration of State authority; 27. Urges MONUSCO to work with the Office of the Special Envoy for the Great Lakes to seek political solutions to stop the cross-border flows of armed combatants, arms and conflict minerals that threaten peace and stability in the DRC, by coordinating strategies and conducting information-sharing; 28. Authorizes MONUSCO, in pursuit of its mandated tasks, to take all necessary measures to carry out its mandate and requests the Secretary-General to immediately inform the Security Council should MONUSCO fail to do so; 29. Decides that the mandate of MONUSCO shall include the following priority tasks, bearing in mind that these tasks as well as those in paragraph 30 below are mutually reinforcing, and that all MONUSCO’s tasks should be implemented in a manner consistent with respect for human rights and fundamental freedoms:
(i) Protection of civilians (a) Ensure effective, dynamic and integrated protection of civilians under threat of physical violence through a comprehensive approach, including by preventing, deterring, and stopping all armed groups and local militias from inflicting violence on the populations, in consultation with local communities, and by supporting and undertaking local mediation efforts to prevent escalation of violence, paying particular attention to civilians gathered in displaced persons and refugee camps, peaceful demonstrators, humanitarian personnel and human rights defenders, in line with the basic principles of peacekeeping and with a focus on violence emerging from any of the parties engaged in the conflict, outbreaks of violence between ethnic or religious rival groups or communities in identified territories, as well as in the context of elections, and mitigating the risk to civilians before, during and after any military operation; (b) Work with the Government of the DRC and humanitarian workers to identify threats to civilians and implement existing prevention and response plans and strengthen civil-military cooperation, including joint planning, to ensure the protection of civilians from abuses and violations of human rights and violations of international humanitarian law, including all forms of sexual and gender-based violence and violations and abuses committed against children and persons with disabilities, and requests MONUSCO to accelerate the coordinated implementation of monitoring, analysis and reporting arrangements on sexual violence in conflict and to continue to ensure the effectiveness of the monitoring and reporting mechanism on children and armed conflict; (c) Enhance its interaction with civilians, including by the troops, to raise awareness and understanding about its mandate and activities, to strengthen its early warning mechanism, and to increase its efforts to monitor and document violations of international humanitarian law and violations and abuses of human rights; and continue and strengthen local community engagement and empowerment, as well as strengthening protection of civilians through early warning and response, including prevention, as appropriate, and by ensuring mobility of the mission; (d) Neutralize armed groups through the Intervention Brigade, under direct command of MONUSCO Force commander: in support of the authorities of the DRC, on the basis of information collection and analysis, and taking full account of the need to protect civilians and mitigate risk before, during and after any military operation, carry out targeted offensive operations in the DRC through the Intervention Brigade
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with the support of the whole of MONUSCO, either unilaterally or jointly with the FARDC, in a robust, highly mobile and versatile manner and in strict compliance with international law, including international humanitarian law, and in accordance with the standing operating procedures applicable to persons who are captured or who surrender, and with the United Nations HRDDP, prevent the expansion of all armed groups, neutralize these groups, and disarm them in order to contribute to the objective of reducing the threat posed by armed groups to state authority and civilian security in the DRC and to make space for stabilisation activities, and for the whole of MONUSCO force component to guarantee effective protection of civilians, including in support of operations conducted by the Intervention Brigade to neutralize armed groups and in areas where armed groups have been neutralized; (e) Provide good offices, advice and assistance to enable the Government of the DRC to facilitate the prevention, mitigation, and resolution of intercommunal conflicts through, inter alia, mediation and community engagement, and to ensure actions against armed groups are supported by civilian and police components as part of consolidated planning which provides a comprehensive response to area-based stabilisation efforts; (f) Work with the authorities of the DRC, leveraging the capacities and expertise of the UN Police, the UN Prosecution Support Cell, UNJHRO and other MONUSCO Justice components, to investigate and prosecute, all those allegedly responsible for genocide, war crimes and crimes against humanity and violations of international humanitarian law and violations or abuses of human rights in the country, including through cooperation with States of the region and the ICC, following the decision made by the Prosecutor of the ICC in June 2004 to open, following the request of the Government of the DRC, an investigation into alleged crimes committed in the context of armed conflict in the DRC since 2002; (g) Provide good offices, advice and support to the Government of the DRC to promote human rights, in particular civil and political rights, and to fight impunity, including through the implementation of the Government’s “zero tolerance policy” with respect to discipline and human rights and international humanitarian law violations, committed by elements of the security sector, and to engage and facilitate mediation efforts at local level to advance sustainable peace;
(ii) Support to stabilisation and the strengthening of State institutions in the DRC, and key governance and security reforms (a) Provide technical and political support, including through good offices and engagement with interlocutors across the political spectrum, including the Government, opposition parties, local authorities and civil society, in coordination with regional and international partners, with a view to furthering reconciliation, democratisation and inclusion, and to promote intercommunal reconciliation, including by undertaking local dialogues on community security, with a view to addressing the root causes of conflict; (b) Provide coordination between the Government of the DRC, international partners and United Nations agencies in a targeted, sequenced and coordinated approach to stabilisation informed by up to date conflict analysis, through the implementation of the International Security and Stabilisation Support Strategy (ISSSS) and adoption of a conflict-sensitive approach across the Mission, in order to establish functional, professional, and accountable state institutions, including security and judicial institutions; in that regard, provide expertise, advice and training to the Congolese security forces to strengthen their capacity, in particular through human rights training and through continued implementation of the Integrated
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Operational Strategy for the Fight Against Insecurity, developed by MONUSCO police, in compliance with the United Nations HRDDP; (c) Monitor, report immediately to the Security Council, and follow-up on human rights violations and abuses and violations of international humanitarian law to report on restrictions on political space and violence, including in the context of the elections, and support the United Nations system in-country to ensure that any support provided by the United Nations shall be consistent with international humanitarian law and human rights law and refugee law as applicable; (d) Provide technical assistance to the government of the DRC in the consolidation of an effective national civilian structure that controls key mining activities and manages in an equitable manner the extraction, transport, and trade of natural resources in eastern DRC;
(iii) Protection of the United Nations Ensure the protection of United Nations personnel, facilities, installations and equipment and the security and freedom of movement of United Nations and associated personnel; 30. Further authorizes MONUSCO to pursue the following tasks, in a streamlined and sequenced manner, and in support of the strategic priorities identified above:
(i) Disarmament, demobilisation, reintegration (DDR) (a) Provide good offices, advice and assistance to the Government of the DRC, in close cooperation with other international partners, in the DDR of Congolese combatants not suspected of genocide, war crimes, crimes against humanity or abuses of human rights, into a peaceful civilian life in line with a Community Violence Reduction (CVR) approach through community-based security and stabilisation measures and flexible disarmament and demobilisation approach, coordinated under the framework of the ISSSS, while paying specific attention to the needs of children formerly associated with armed forces and groups; (b) Advise and support the DRC authorities in the disposal of weapons and ammunitions of disarmed Congolese and foreign combatants in compliance with resolution 2424 (2018) as well as applicable international arms control treaties, including the Nairobi Protocol of which the DRC is signatory party and the Kinshasa Convention; (c) Provide support to the disarmament, demobilisation, repatriation, resettlement and reintegration (DDRRR) process to return and reintegrate foreign combatants not suspected of genocide, war crimes, crimes against humanity or abuses of human rights and their dependants to a peaceful civilian life in their country of origin, or a receptive third country while paying specific attention to the needs of children formerly associated with armed forces and groups; (d) Continue to collaborate with the Government of the DRC in the swift and vigorous implementation of the Action Plan to Prevent and end the Recruitment and Use of Children and Sexual Violence by the FARDC, and continue dialogue with all listed parties to obtain further commitments and work towards the development and implementation of action plans to prevent and end violations and abuses against children;
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(ii) Security Sector Reform (SSR) Work with the Government of the DRC: (a) in the reform of the police, including by assisting the Comité de réforme de la police, and by advocating for the establishment of the Secrétariat Général à la sécurité et à l’ordre public that will coordinate security institutions with a law enforcement mission; (b) to encourage inclusive SSR, which delivers security, law enforcement and justice to all, including to women and children, and persons in vulnerable situation, and accelerate national ownership of SSR by the Government of the DRC, including through the development of a common national vision, to be encapsulated in a national security policy, as well as a clear and comprehensive SSR implementation roadmap including benchmarks and timelines, and play a leading role in coordinating the support for SSR provided by international and bilateral partners and the United Nations system; (c) in compliance with the United Nations HRDDP, for army reform that would enhance its accountability, efficiency, self-sustainability, training, vetting and effectiveness, while noting that any support provided by the United Nations, including in the form of rations and fuel, should be only for joint operations, jointly planned and executed, and subject to appropriate oversight and scrutiny, failing which that support should be suspended; (d) for the implementation of any appropriate recommendations for justice and prison sector reforms as contained in the National Justice Reform Plan and the final report of the Etats généraux de la Justice, including on the fight against impunity, for genocide, war crimes and crimes against humanity, in order to develop independent, accountable and functioning justice and security institutions;
(iii) Sanctions regime Monitor the implementation of the arms embargo as described in paragraph 1 of resolution 2293 (2016) in cooperation with the Group of Experts established by resolution 1533 (2004), and in particular observe and report on flows of military personnel, arms or related materiel across the eastern border of the DRC, including by using, as specified in the letter of the Council dated 22 January 2013 (S/2013/44), surveillance capabilities provided by unmanned aerial systems, seize, collect, record and dispose of arms or related materiel brought into the DRC in violation of the measures imposed by paragraph 1 of resolution 2293 (2016), and exchange relevant information with the Group of Experts;
Child protection 31. Requests MONUSCO to take fully into account child protection as a crosscutting issue throughout its mandate and to assist the Government of the DRC in ensuring that the protection of children’s rights is taken into account, inter alia, in DDR processes and in SSR as well as during interventions leading to the separation of children from armed groups in order to end and prevent violations and abuses against children, and acknowledges the crucial role of United Nations Child Protection Advisers deployed as a standalone capacity in MONUSCO in that regard;
Gender, Sexual Violence, Sexual Exploitation and Abuse 32. Requests MONUSCO to take fully into account gender considerations as a crosscutting issue throughout its mandate and to assist the Government of the DRC and other relevant stakeholders in ensuring the equal and meaningful participation
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and full involvement and representation of women at all levels for the maintenance and promotion of peace and security, including in the conduct of elections, protection of civilians and support to stabilisation efforts through, inter alia, the provision of gender and women protection advisers and focal points at headquarters and field levels, participation of women civil society organization members with regards to conflict prevention and resolution, and further requests enhanced reporting by MONUSCO to the Council on this issue; 33. Acknowledges the crucial role of United Nations Women Protection Advisers deployed in MONUSCO in supporting the Government of the DRC to implement its commitments on addressing sexual violence in conflict and calls on MONUSCO to ensure they continue to work closely with the Government of the DRC at both strategic and operational levels; 34. Requests MONUSCO to ensure that any support provided to national security forces is in strict compliance with the United Nations HRDDP, and calls upon the Government of the DRC to work with MONUSCO to support the promotion of DRC security service personnel with reputable human rights records; 35. Recalls its Presidential statement S/PRST/2015/22 and its resolution 2272 (2016), reiterates the urgent and imperative need to hold accountable all perpetrators of violations of international humanitarian law, as well as sexual exploitation and abuse, requests the Secretary-General to take the necessary measures to ensure full compliance of all personnel in MONUSCO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council fully informed through his reports to the Council about the Mission’s progress in this regard, and urges T/PCCs to continue taking appropriate preventative action including vetting of all personnel, predeployment and in-mission awareness training, and to ensure full accountability in cases of such conduct involving their personnel through timely investigation of allegations by T/PCCs and MONUSCO, as appropriate;
Humanitarian Access 36. Demands that all parties allow and facilitate the full, safe, immediate and unhindered access of humanitarian personnel, equipment and supplies and the timely delivery of humanitarian assistance to populations in need, in particular to internally displaced persons, throughout the territory of the DRC, respecting the United Nations guiding principles of humanitarian assistance, including humanity, impartiality, neutrality and independence, and relevant provisions of international law; 37. Calls on MONUSCO to strengthen its collaboration with humanitarian actors and streamline coordination mechanisms with humanitarian agencies to ensure information sharing on protection risks to the population; 38. Emphasizes the importance of maintaining international support and engagement – financially, technically and in-kind – to bring the Ebola outbreak successfully to an end; requests all relevant parts of the United Nations System to continue their work in response to the Ebola outbreak, and notes the important positive role of MONUSCO in that regard; 39. Calls on all Member States to generously contribute to the United Nations humanitarian appeals for the DRC and the region to help ensure that United Nations humanitarian agencies and other international organizations are fully funded and able to address the protection and assistance needs of internally displaced persons, survivors of sexual violence, and other vulnerable communities;
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Support to the Group of Experts 40. Expresses its full support to the United Nations Group of Experts established by resolution 1533 (2004), calls for enhanced cooperation between all States, particularly those in the region, MONUSCO and the Group of Experts, encourages timely information exchange between MONUSCO and the Group of Experts, further encourages all parties and all States to ensure cooperation with the Group of Experts by individuals and entities within their jurisdiction or under their control and reiterates its demand that all parties and all States ensure the safety of its members and its support staff, and unhindered and immediate access, in particular to persons, documents and sites the Group of Experts deems relevant to the execution of its mandate;
Mission effectiveness 41. Recalls the provisions set forth in paragraph 47 to 52 of resolution 2409 (2018), welcomes the initiatives undertaken by the Secretary-General to standardize a culture of performance in UN peacekeeping, and reaffirms its support, as set out in OP1 of resolution 2436 (2018), for the development of a comprehensive and integrated performance policy framework that identifies clear standards of performance for evaluating all United Nations civilian and uniformed personnel working in and supporting peacekeeping operations that facilitates effective and full implementation of mandates, and includes comprehensive and objective methodologies based on clear and well-defined benchmarks to ensure accountability for underperformance and incentives and recognition for outstanding performance, and calls on him to apply it to MONUSCO, as described in resolution 2436 (2018); 42. Requests MONUSCO to consider the environmental impacts of its operations when fulfilling its mandated tasks and, in this context, to manage them as appropriate and in accordance with applicable and relevant General Assembly resolutions and United Nations rules and regulations; 43. Requests the Secretary General to implement a zero-tolerance policy on serious misconduct, sexual exploitation and abuse, fraud, corruption, trafficking in natural resources or wildlife, including by making full use of the existing authority of the SRSG to ensure accountability of the Mission’s staff and through effective mission support arrangement;
Strategic review and exit strategy 44. Underscores the need to progressively transfer MONUSCO’s tasks to the Government of the DRC, the UNCT and other relevant stakeholders in order to enable the responsible and sustainable exit of MONUSCO, based on the positive evolution of the situation on the ground, and in a way that contributes to sustainable progress towards the stabilization of the DRC, consolidation of State authority and reduction of the threat posed by armed groups; 45. Requests in this regard, the Secretary-General, in accordance with best practices, to conduct and provide the Security Council, no later than 20 October 2019, with an independent strategic review of MONUSCO assessing the continued challenges to peace and security in the DRC and articulating a phased, progressive and comprehensive exit strategy, including: (i) An assessment, in consultation with the Government of DRC, UN agencies, member States, regional organisations and independent experts of the continued relevance of all mandated tasks, priorities and related resources;
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(ii) Recommendations, devised in consultation with the Government of DRC, UN agencies, member States, regional organisations and independent experts, for realistic, relevant and clearly measurable benchmarks and indicators, as well as indicative timelines for implementation, focused on increasing the capacity of the Government of the DRC and UNCT to enable them to absorb former MONUSCO tasks; (iii) Options for adapting MONUSCO’s future configuration of its civilian, police and military components, including by reducing MONUSCO’s Force and civilian footprint in line with MONUSCO’s priorities during the implementation of the exit strategy and benchmarks and indicators;
Reports by the Secretary-General 46. Requests the Secretary-General to report to the Council every three months on the implementation of MONUSCO’s mandate, including its Intervention Brigade, as set out in this resolution, including on: (i) the situation on the ground, including updates on operations to neutralize armed groups, in accordance with paragraph 29.i.(d), and any instances where the Mission is not effectively fulfilling its protection of civilians mandate, and the circumstances surrounding these instances, including, as appropriate, incidents where units assert undeclared national caveats, lack effective command and control, refuse to obey orders, fail to respond to attacks on civilians, and have inadequate equipment; (ii) the ways in which MONUSCO is assessing security risks and implementing its mandate, including in terms of deployment of the Force in areas identified as potential zones of instability and configuration of civilian and police components of MONUSCO, and addressing sexual violence and the impact of conflict on women and children using disaggregated data, and any gender considerations made; (iii) progress made by the DRC on protecting human rights and in the implementation of its commitments under the PSC Framework, including through the establishment and implementation of a national SSR roadmap, its provincial stabilisation plan supported by the ISSSS and on the implementation of the DDR and DDRRR plans; (iv) progress in the implementation of the measures taken to transform MONUSCO and improve its performance, including measures to ensure Mission effectiveness as outlined in paragraphs 41 to 43, steps taken to prevent and redress performance failures, the effectiveness of the deployment of rapidly deployable battalions and the effects of the employment of the Intervention Brigade’s capabilities, implementation of the comprehensive approach to protection of civilians, to become more mobile, efficient and effective in implementing its mandate and associated requirements, and on the definition of an exit strategy for MONUSCO, including the Intervention Brigade; (v) the risks and their implications for the safety and the security for the United Nations personnel and facilities as a result of the possible military operations as well as all instances of threats against MONUSCO personnel, and measures taken to strengthen their security and mitigate risks; (vi) the performance of all MONUSCO units in accordance with the Operational Readiness Assurance and Performance Improvement Policy and the Secretary General zero-tolerance policy on Sexual violence and abuse, including on the percentage of MONUSCO contingents who have satisfied the requirements of the these reviews, the status of any remediation action to
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address contingents who have not satisfied requirements, and detailing plans to address contingents where remediation is not deemed appropriate, as certified by the Force Commander; 47. Requests the Secretary-General to report to the Security Council every six months, in coordination with the Secretary-General’s Special Envoy for the Great Lakes Region and the SRSG for the DRC on the implementation of the commitments under the PSC Framework and its linkages with the broader security situation in the Great Lakes Region; 48. Decides to remain actively seized of the matter.

Topics
Congo, DR
Year
2019
Title
The situation concerning the Democratic Republic of the Congo
Related with resolutions
1325 1493 1533 1807 2272 2286 2293 2389 2409 2424 2436 2439 2457
Security Council Composition
CHN FRA RUS GBR USA CIV GNQ KWT PER POL BEL DOM DEU IDN ZAF