MONUSCO Res in Blue
MONUSCO Res in Blue
MONUSCO Res in Blue
United Nations
Security Council
Provisional
29 March 2016
Original: English
16-04971 (E)
S/2016/289
Reiterating its deep concern regarding the security and humanitarian crisis in
eastern DRC due to ongoing destabilizing activities of foreign and domestic armed
groups, expressing particular concern at the reports of growing inter-communal
violence in some areas of eastern DRC, stressing the importance of neutralizing the
Democratic Forces for the Liberation of Rwanda (FDLR), the Allied Democratic
Forces (ADF), the Lords Resistance Army (LRA), and all other armed groups in the
DRC, and recognizing the efforts of the Armed Forces of the DRC (FARDC) in that
regard,
Expressing concern at the illegal exploitation and trafficking of natural
resources by armed groups, 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 continue efforts to safeguard those
areas,
Remaining deeply concerned by the persistent high levels of violence and
violations and abuses of human rights and violations of international humanitarian
law, condemning in particular those involving targeted attacks against civilians,
widespread sexual and gender-based violence, recruitment and use of children by
certain parties to the conflict, the forced displacement of significant numbers of
civilians, extrajudicial executions and arbitrary arrests, recognizing their deleterious
effect on the stabilization, reconstruction and development efforts in the DRC, and
emphasizing that all those responsible for all such violations and abuses must be
swiftly apprehended, brought to justice and held accountable,
Remaining greatly concerned by the humanitarian situation that continues to
severely affect the civilian population, in particular in eastern DRC, expressing deep
concern regarding the very high number of internally displaced persons in the DRC,
at more than 1.6 million, and the 170,000 refugees in the DRC, as well as the over
450,000 refugees from eastern DRC as a result of ongoing hostilities, as well as
violations of international humanitarian law and violations and abuses of human
rights, calling upon the DRC and all States in the region to work towards the
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 the support, as
appropriate, of the United Nations Country Team, 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 stressing the
need to manage the closure of camps in a manner that respects the rights of
internally displaced persons, in accordance with international law,
Expressing further concern at increased impediments to humanitarian access
in eastern DRC resulting from insecurity, and attacks against humanitarian actors
and assets, and calling upon all parties in the conflict to respect the impartiality,
independence and neutrality of humanitarian actors,
Noting with deep concern the delays in the preparation of the presidential
elections scheduled for November 2016, in accordance with the Constitution, and
that the update of the electoral register has not yet begun,
Stressing the crucial importance of a peaceful and credible electoral cycle, in
accordance with the Constitution, for stabilization and consolidation of
constitutional democracy in the DRC, expressing deep concern at increased
2/15
S/2016/289
restrictions of the political space in the DRC, in particular recent 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 expression and opinion,
and recalling the need for an open, inclusive and peaceful political dialogue among
all stakeholders focused on the holding of elections, while ensuring the protection of
fundamental freedoms and human rights, paving the way for peaceful, credible,
inclusive, transparent and timely elections in the DRC, particularly presidential and
legislative elections by November 2016, in accordance with the Constitution, while
respecting the African Charter on Democracy, Elections and Governance,
Remaining deeply concerned by reports of increased serious human rights and
international humanitarian law violations committed by some members of the
FARDC, the National Intelligence Agency (ANR), the Republican Guard and
Congolese National Police (PNC), including against members of the opposition and
of civil society in the context of the electoral process, urging all parties to refrain
from violence and provocation, and emphasizing that the Government of the DRC
must respect human rights and comply with the principle of proportionality in the
use of force,
Welcoming the agreement between the Independent National Electoral
Commission (CENI) and the National Human Rights Commission to monitor and
investigate all allegations of human rights violations and abuses before, during and
after the electoral process, noting with concern the lack of progress in the
investigations against alleged perpetrators of human rights violations and abuses
committed during the 2011 electoral process as well as reports of
instrumentalization of judicial institutions for political purposes, and calling for
further efforts to hold those responsible to account,
Recalling the importance of fighting impunity within all ranks of the FARDC
and PNC, commending the DRC authorities for recent prosecutions and
condemnations of FARDC and PNC officers for crimes against humanity and war
crimes, and stressing the need for the Government of the DRC to continue to ensure
the increased professionalism of its security forces,
Taking note of the adoption by the National Assembly of the law implementing
the Rome Statute of the International Criminal Court (ICC) in December 2015,
stressing the need for continued cooperation with the ICC by the Government of the
DRC, and stressing the importance of actively seeking to hold accountable those
responsible for genocide, war crimes and crimes against humanity in the country,
Recalling all its relevant resolutions on women, peace and security, on
children and armed conflicts, and on the protection of civilians in armed conflicts,
also recalling the conclusions on children and armed conflicts in the DRC
(S/AC.51/2014/3) adopted on 18 September 2014 by the Security Council Working
Group on Children and Armed Conflicts pertaining to the parties in armed conflicts
of the DRC, and welcoming efforts of the Government of the DRC in this regard,
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 its importance,
Welcoming the efforts of the Government of the DRC, including the
Presidential Adviser on Sexual Violence and the Recruitment of Children, to
3/15
S/2016/289
cooperate with the Special Representative of the Secretary-General for Children and
Armed Conflict, the Special Representative of the Secretary-General on Sexual
Violence, and MONUSCO, to implement the action plan to prevent and end the
recruitment and use of children and sexual violence by the FARDC, and to combat
impunity for conflict-related sexual violence, including sexual violence committed
by the FARDC,
Taking note of the report of the Secretary-General (S/2014/181) which
includes a list of parties credibly suspected of committing patterns of rape or other
forms of sexual violence in situations of armed conflict, being on the Security
Council agenda,
Reaffirming that the successful protection of civilians is critical to the
fulfilment of MONUSCOs mandate and the delivery of an improved security
environment, also stressing the importance of peaceful means and progress on key
reforms to promote the protection of civilians,
Reaffirming its strong support to the Special Representative of the SecretaryGeneral for the DRC and MONUSCO in the implementation of their mandate, and
strongly encouraging the continuation of their efforts,
Stressing the urgency of resuming joint operations between FARDC and
MONUSCO against armed groups, welcoming that on 28 January 2016 the
Government of the DRC and MONUSCO committed to resume cooperation with a
view to carrying out joint military operations against the FDLR, as well as other
armed groups, including the ADF, and strongly encouraging the urgent resumption
of such operations,
Recalling that it is important that all MONUSCO contingents, including the
contingents of the Intervention Brigade, are properly prepared and effectively
equipped, staffed and supported to be able to sustain their commitment to carry out
their respective tasks,
Reiterating its call on all parties to cooperate fully with MONUSCO and to
remain committed to the full and objective implementation of the Missions
mandate, reiterating its condemnation of any and all attacks against peacekeepers,
and emphasizing that those responsible for such attacks must be held accountable,
Reiterating its call upon the Secretary-General to take all measures deemed
necessary to strengthen United Nations field security arrangements and improve the
safety and security of all military contingents, police officers, military observers,
and especially unarmed observers,
Underlining the importance of MONUSCO deterring any threats to the
implementation of its mandate,
Emphasizing that MONUSCOs activities should be conducted in such a
manner as to facilitate post-conflict peacebuilding, prevention of relapse into armed
conflict and progress towards sustainable peace and development,
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,
4/15
S/2016/289
PSC Framework
1.
Reiterates that fulfilment of the commitments made by the Government
of the DRC and all signatory States under the PSC Framework remains essential to
the achievement of long term stability of eastern DRC and the region, and urges the
signatories to redouble their efforts in order to fully and promptly implement their
commitments in good faith, including not harbouring war criminals;
2.
Calls on the Government of DRC, which has the primary responsibility
for safeguarding the DRCs 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;
3.
Notes with deep concern the limited progress in those fields essential for
the DRCs stabilization and reiterates its call to the Government of the DRC to take
further steps to uphold its national commitments to Security Sector Reform (SSR),
including the support of an effective and sustainable Rapid Reaction Force, and to
implement fully and immediately the national Disarmament, Demobilization and
Reintegration (DDR) programme, all of which will require the allocation of
necessary resources to the implementation of these critical processes;
4.
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;
5.
Calls on the United Nations Special Envoy for the Great Lakes Region,
to continue his regional and international engagement in furtherance of peace,
stability, and economic development in the DRC and the region, including through
the promotion of timely, credible, and inclusive national elections, regional dialogue
and by continuing, in close coordination with the Secretary-General Special
Representative for the DRC, to lead, coordinate and assess the implementation of
the national and regional commitments under the PSC Framework, as well as to
continue his engagement in regional initiatives with key partners to address the
underlying root causes of conflict;
6.
Takes note of the United Nations Great Lakes Region Strategic
Framework, and urges the donor community to provide the necessary support to
help its implementation;
Political situation
7.
Calls on the Government of the DRC and its national partners, including
the CENI, to ensure a transparent and credible electoral process, in fulfilment of
their primary responsibility to create propitious conditions for the forthcoming
elections, including prioritization of those conditions necessary for the presidential
and legislative elections scheduled for November 2016 in accordance with the
Constitution;
5/15
S/2016/289
8.
Urges the Government as well as all relevant parties to ensure an
environment conducive to a free, fair, credible, inclusive, transparent, peaceful and
timely electoral process, in accordance with the Congolese Constitution, which
includes free and constructive political debate, freedom of opinion and expression,
freedom of assembly, equitable access to media including State media, safety and
freedom of movement for all candidates, as well as for election observers and
witnesses, journalists, human rights defenders and actors from civil society
including women;
9.
Calls for the publication of a revised comprehensive electoral calendar
for the full electoral cycle by the CENI and calls on the Government of the DRC to
put swiftly in place an adequate electoral budget and an electoral code of conduct,
and conduct without delay a credible update of the electoral register, to ensure the
successful and timely holding of elections, in particular presidential and legislative
elections on November 2016, in accordance with the Constitution, while respecting
the African Charter on Democracy, Elections and Governance, and further calls
upon all stakeholders, to engage into an open and inclusive political dialogue over
the holding of presidential elections, in accordance with the Constitution;
10. Underlines the importance of credible dialogue to ensure peaceful and
credible presidential and legislative elections, in line with the Constitution,
expresses support for the decision taken by the AU to undertake consultations on
this dialogue, urges all national stakeholders to extend cooperation to the AU in this
regard, and requests the Secretary-General to provide political support to these
efforts consistent with this resolution, including through his good offices;
Human Rights
11. 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, including those committed in the context of the electoral process,
and stresses the importance to this end of both regional cooperation and cooperation
with the ICC;
12. Calls upon the Congolese authorities to ensure the prosecution of those
responsible for the crimes involving grave human rights violations and abuses
committed in the context of the 28 November 2011 elections and current electoral
process;
13. 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 encourages the Government of the DRC to continue to
strengthen its efforts in this area, including through the full implementation of its
National Strategy and the commitments outlined in the Joint Communiqu 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;
14. Calls upon the Government of the DRC to continue its efforts to combat
impunity for conflict-related sexual violence, including sexual violence committed
by the FARDC at all levels, noting that failure to do so may result in the FARDC
being named again in future Secretary-General's reports on sexual violence, and to
6/15
S/2016/289
provide all necessary services and protection to survivors and victims, and further
calls upon the Government of the DRC to take the necessary steps to ensure full
compliance of its security forces with the zero-tolerance policy on sexual
exploitation and abuses, and to take steps to institutionalize the mechanisms put in
place to prevent and end the recruitment and use of children and sexual violence by
the FARDC;
15. Welcomes the progress made in the implementation of the Action Plan to
prevent and end the recruitment and use of children by the FARDC, and calls upon
the Government of the DRC to take all necessary steps to end and prevent violations
and abuses against children, including those involving enlistment or detention of
children by the FARDC;
Armed Groups
16. Strongly condemns all armed groups operating in the region and their
violations of international humanitarian law as well as other applicable international
law, and abuses of human rights including those involving attacks on the civilian
population, United Nations personnel and humanitarian actors, summary executions,
sexual and gender based violence and large scale recruitment and use of children in
violation of applicable international law, and reiterates that those responsible must
be held accountable;
17. Demands that the FDLR, the ADF, the LRA, and all other armed groups
cease immediately all forms of violence and other destabilizing activities, including
the exploitation of natural resources, and that their members immediately and
permanently disband, lay down their arms and release children from their ranks, and
recalls in this regard its resolution 2198 (2015) renewing the sanctions regime
established by its resolution 1807 (2008);
18. Calls for the urgent resumption of joint operations by the FARDC and
MONUSCO, in accordance with its mandate, to ensure all efforts possible are being
made to neutralize the FDLR and other armed groups and stresses the need to carry
out operations in accordance with international law, including international
humanitarian law and international human rights law, as applicable;
19. Reiterates that the durable neutralization of the FDLR remains essential
in bringing stability to and protecting civilians of the DRC and the Great Lakes
region, recalls that the FDLR is a group under United Nations sanctions whose
leaders and members include perpetrators of the 1994 genocide against the Tutsi in
Rwanda, during which Hutu and others who opposed the genocide were also killed,
and have continued to promote and commit ethnically-based and other killings in
Rwanda and the DRC, encourages the Government of the DRC, with the support of
the Special Envoy of the Secretary-General for the Great Lakes Region, to engage
regional actors to find a durable solution to the repatriation of disarmed FDLR
members and dependents, and encourages further disarmament of FDLR active
leadership and combatants;
20. Condemns the brutal killings of more than 500 civilians in the Beni area
since October 2014, expresses deep concern regarding the persistence of violence in
this region, stresses the need for a thorough and prompt investigation into these
attacks in order to ensure that those responsible are held to account, calls on the
Government of the DRC to take further military action, in accordance with
7/15
S/2016/289
8/15
S/2016/289
Protection of civilians
(a) Ensure, within its area of operations, effective protection of civilians
under threat of physical violence, including by deterring, preventing and stopping
9/15
S/2016/289
10/15
S/2016/289
country of origin, or a receptive third country while paying specific attention to the
needs of children formerly associated with armed forces and groups;
(ii)
Political situation
(a) Promote peace consolidation and inclusive and transparent political
dialogue among all Congolese stakeholders, consistent with the Constitution, with a
view to furthering reconciliation and democratization, while ensuring the protection
of fundamental freedoms and human rights, paving the way for the holding of
elections, consistent with the provisions of paragraph 8 above;
(b) Monitor, report to the Security Council, and follow-up on human rights
violations and abuses and violations of international humanitarian law, including in
the context of elections, to report on restrictions on political space and violence 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;
(c) Provide technical assistance and logistical support for the revision of the
electoral register, and, only upon notification to the Security Council by the
Secretary-General that the conditions outlined in paragraph 8 are being met, provide
logistical support, as appropriate and in coordination with Congolese authorities and
the UNCT, to facilitate the electoral cycle, and decides that this support will be
continually assessed and reviewed according to the progress made by the Congolese
authorities in the steering of the electoral process, particularly on presidential
elections, in accordance with paragraphs 7, 8 and 9 above;
(d) Support and work with the authorities of the DRC to arrest and bring to
justice 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 leaders of armed groups, including
through cooperation with States of the region and the ICC;
(e) 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 Governments zero
tolerance policy with respect to discipline and human rights and international
humanitarian law violations, committed by elements of the security sector;
(f) 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 against children 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;
(iii)
Stabilisation
Provide good offices, advice and support to the Government of the DRC, in
close cooperation with other international partners, in the implementation of the
revised ISSSS and related Provincial Stabilization Plans, and lead the coordination
and oversight of the ISSSS;
11/15
S/2016/289
(iv)
(i)
(ii)
Arms embargo
Monitor the implementation of the arms embargo as described in paragraph 1
of resolution 2198 (2015) 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 2198 (2015), and
exchange relevant information with the Group of Experts;
(iii)
Mining activities
Encourage 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;
12/15
S/2016/289
13/15
S/2016/289
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;
Force transformation and Exit strategy
44. Demands that all relevant parties cooperate fully in the deployment,
operations, and monitoring, verification, and reporting functions of MONUSCO, in
particular by guaranteeing the safety, security, and unrestricted freedom of
movement of United Nations and associated personnel, throughout the territory of
the DRC;
45. Requests MONUSCO to continue to maximise Force interoperability,
flexibility and effectiveness in the implementation of the entirety of MONUSCOs
mandate, including by deploying rapidly deployable units and continuing to
modernise and to strengthen the performance of the Force, bearing in mind the
safety and security of all military contingents, police officers, military observers,
and especially unarmed observers;
46. Stresses that MONUSCOs exit should be gradual and progressive, tied
to specific targets to be jointly developed by the Government of the DRC and
MONUSCO, in consultation with UNCT and other stakeholders;
47. Reiterates its call to the Government of the DRC to make further steps to
enter into a regular strategic dialogue with the United Nations, building on the joint
assessment process initiated in 2010 to jointly develop a roadmap and exit strategy
for MONUSCO, including its Intervention Brigade;
48. Reiterates the need for a clear exit strategy of the Intervention Brigade,
including through sustainable progress in ending the threat of armed groups and the
implementation of sustainable SSR which may include the development of a
Congolese rapid reaction force, requests the Secretary-General to report by
December 2016 on the implementation of the tasks of the Intervention Brigade on
the basis of the evolution of the situation on the ground, its integration within
MONUSCO and its effectiveness, as well as on the progress of the transformation of
the Force;
49. Requests the Secretary-General to continue to make recommendations on
the transition and reconfiguration of the United Nations presence in the country,
based on the comparative advantages of the Mission and the UNCT, in order to
continue to streamline the tasks assigned to MONUSCO, and urges the international
community and donors to support MONUSCO and the UNCT and calls upon the
Government of the DRC and neighbouring States to remain engaged in this process;
Reports by the Secretary-General
50. 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 and any instances where the Missions protection of civilians
14/15
S/2016/289
obligations are not fully met, as well as sexual violence and the impact of conflict
on women and children;
(ii) progress made by the DRC on protecting human rights, on the electoral
process, including on the provisions of paragraphs 7, 8 and 9 above, 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;
(iii) progress in the implementation of the recommendations of the strategic
review, notably the measures taken to transform MONUSCOs Force, including the
deployment of rapidly deployable battalions, to become more efficient and effective
in implementing its mandate;
(iv) progress on the definition of an exit strategy for MONUSCO, including
the Intervention Brigade, and an assessment of the outcomes of the strategic
dialogue with the Congolese authorities;
(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 measures taken to strengthen their security and mitigate risks;
51. Requests the Secretary-General to report to the Security Council every
six months, in coordination with the Secretary-Generals Special Envoy for the
Great Lakes Region and the Special Representative of the Secretary-General for the
DRC on the implementation of the commitments under the PSC Framework, and
requests the Secretary-General to conduct a strategic review of the mandate of his
Special Envoy for the Great Lakes Region by 30 September 2016 in order to present
recommendations for the Special Envoy to better support Member States in the full
implementation of their commitments under the PSC Framework, in full
complementarity with MONUSCO, and taking into consideration the evolving
challenges facing the region;
52. Requests the Secretary-General to provide an update to the Council in his
next report pursuant to paragraph 50 on the ways in which MONUSCO will be best
prepared to address security risks and to monitor and report on human rights
violations and abuses in the context of the elections, including in terms of
deployment of the Force in areas identified as potential zones of instability and
configuration of civilian and police component of MONUSCO;
53.
15/15