S/2020/1265 Security Council

In accordance with the procedure agreed upon by the members of the Security Council in the light of the extraordinary circumstances caused by the coronavirus disease pandemic, as set out in the letter dated 27 March 2020 from the President of the Security Council addressed to all members of the Council (S/2020/253), I would like to draw your attention to the following: The members of the Council have discussed a draft resolution, submitted by France, in connection with the agenda item “The situation concerning the Democratic Republic of the Congo”. That draft resolution, contained in document S/2020/1241 and enclosed herein, has been put into blue. In my capacity as President of the Security Council, I hereby put the above-mentioned draft resolution to a vote. The non-extendable 24-hour voting period for this draft resolution will begin at 2 p.m. on Thursday, 17 December 2020. The non-extendable 24-hour voting period will expire at 2 p.m. on Friday, 18 December 2020. Please submit your vote (in favour, against or abstain) on the draft resolution, as well as your possible explanation of vote, by sending a letter signed by the Permanent Representative or Chargé d’affaires a.i. within the non-extendable 24-hour voting period set out above to the Officer-in-charge of the Security Council Affairs Division of the Secretariat (sutterlin@un.org). It is my intention to circulate a letter listing the outcome of the vote within three hours of the conclusion of the 24-hour voting period. I also intend to convene a video-teleconference of the Security Council to announce the outcome of the vote shortly after the conclusion of the voting period, in the afternoon of Friday, 18 December 2020.

The Russian Federation abstained in the voting on resolution 2556 (2020), on the mandate renewal of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, submitted by France. We cannot agree with the new wording of the paragraphs on international humanitarian assistance proposed by the authors, which dilutes the relevant United Nations guiding principles contained in General Assembly resolution 46/182. We regard the guiding principles as the only universal basis for the work of all international humanitarian organizations and donors. They capture the imperative to ensure respect for the sovereignty of States recipients of humanitarian aid. We believe that they need to be duly reflected in documents of the Security Council. We regret that the French penholder of the Congolese dossier deemed it appropriate to ignore the legitimate interests and priorities of a fellow member of the Security Council and sacrifice consensus for the sake of controversial innovations on this highly sensitive issue. It is particularly sad that this took place amid the current complex political momentum regarding the Democratic Republic of the Congo, at a time when Kinshasa so badly needs a unified signal of support from the Security Council.

Allow me to express my thanks to France as the penholder on the important resolution 2556 (2020). The United States strongly supports the Security Council’s efforts to enhance the Intervention Brigade and strengthen the performance of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), consistent with the request of the Government of the Democratic Republic of the Congo for a better equipped, better trained and more mobile peacekeeping force. The resolution also highlights key issues such as the efforts of the Government of the Democratic Republic of the Congo to advance disarmament, demobilization and reintegration and security sector reform in order to achieve lasting peace in the eastern part of the country, recognizing MONUSCO’s role in supporting the Government. We further appreciate the Council’s efforts to support MONUSCO’s gradual and responsible transition, and we note the importance of ensuring that the Government of the Democratic Republic of the Congo, the United Nations country team and other actors are prepared to take over the Mission’s important tasks, such as early-warning alert networks. However, we must clarify the United States position on the language in this resolution regarding humanitarian access. The United States strongly supports the need for humanitarian access in conflict areas, having backed language in numerous Security Council resolutions that demands parties to a conflict provide safe, rapid and unhindered access for humanitarian aid. Our words are supported by our actions, as the United States has provided more funding for humanitarian aid than any other country in the world — more than $10.5 billion last year. Our concern with this resolution is related to changes made this year regarding how international law is referred to in the humanitarian context. While the United States recognizes that in certain circumstances States may have obligations related to humanitarian aid, there is no universal and unlimited international legal obligation for States to allow and facilitate safe, rapid and unhindered humanitarian access. Therefore, the United States disagrees with the insertion of the phrase “in accordance with international law” in paragraph 35 of this resolution, where its placement suggests that safe, rapid and unhindered humanitarian access is required by international law, without exception. Nonetheless, the United States remains a strong advocate, in the Security Council and more generally, for States and parties to a conflict to allow and facilitate safe, rapid and unhindered humanitarian access. We invite other members of the Council to consult with us regarding how we can maintain strong humanitarian access clauses in Security Council resolutions, while accurately capturing the law.

Allow me once again to congratulate you, Mr. President, on the highly commendable work that you and all your delegation are doing during the South African presidency of the Security Council. I would like to take this opportunity to thank you for convening this meeting on the situation in my country, the Democratic Republic of the Congo, and on the renewal of the mandate of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO). Before continuing, allow me also to express my country’s gratitude to Secretary-General António Guterres and the members of the Security Council for their tireless efforts to restore peace and stability in the Democratic Republic of the Congo. My delegation wanted to take the floor at this meeting to address a number of concerns that were raised in resolution 2556 (2020) and during the negotiations that preceded its adoption. The Government of the Democratic Republic of the Congo takes note of the additional year’s mandate that the Security Council has just granted the reformed MONUSCO and its reconfigured Intervention Brigade. Much has been done by its partners and the Democratic Republic of the Congo to reach agreement on the future of MONUSCO, in general, and the Intervention Brigade, in particular. My Government would like to thank all those partners for their commitment throughout the process and for the fruitful exchanges that made it possible to establish a joint strategy between the Democratic Republic of the Congo and MONUSCO and for the United Nations, the Southern African Development Community and the Democratic Republic of the Congo to reach an agreement on the reconfiguration of the Intervention Brigade. Those important developments greatly assisted the drafting of, and discussions on, the resolution renewing MONUSCO’s mandate and the achievement today of the reasonably balanced text that the Council just adopted. Now that the process of renewing the mandate has been completed and everything has been successfully resolved by the new resolution, my country and the Congolese people, who aspire to a normal and peaceful life, hope that the practical arrangements to support those reforms can be finalized as soon as possible so as to enable the United Nations force to put into practice what has been agreed. In other words, the major task of implementation has just begun to enable those in the eastern part of my country to live in a new era of peace, stability and development, where children can go to school without the risk of being abducted, where women and girls can go to their fields without fear of being raped and where people can sleep peacefully without their huts being burned down with them inside. We are aware of the difficulties that the troop-contributing countries and the United Nations may face in implementing the new joint strategy. The rotation and deployment of troops in operational areas, for example, will not be easy, given the situation with the coronavirus disease and its apparent resurgence around the world. However, it is the wish of the Congolese people that the implementation be carried out as soon as possible, while of course taking into account during the troop deployment operations the high-risk areas and the asymmetrical war situation imposed on us in certain well-known territories in the east of the country by such S/2020/1265 S/2020/1265 terrorist groups as the Allied Democratic Forces. Furthermore, the Democratic Republic of the Congo needs peace for its development and for its elections in 2023. For its part, the Government is aware of its responsibilities and the imperative need to improve its action towards good governance and necessary reforms. It is with this objective in mind that the President of the Republic, His Excellency Mr. Félix Antoine Tshilombo Tshisekedi, decided to put an end to the end of the coalition between the Cap pour le changement and the Front commun pour le Congo, which had become paralysing for the Government’s efforts, and which did not allow for the implementation of the programme he had initiated for the good of the Congolese people. The Government will therefore set up a new coalition called “Union Sacrée pour la Nation”, which, as we stressed at the most recent meeting of the Council, on 7 December 2020, will bring together “men and women of good will, no matter what their political, ideological or ethnic origins may be — adhering to the principles and values that will make it possible to establish a true rule of law and democracy and produce concrete results on the socioeconomic front” (S/PV.8778, p. 17). In this context, in his State of the Nation address to the national Parliament on 14 December 2020, the President of the Republic reaffirmed his determination in all sectors of national life to undertake the necessary, courageous and ambitious reforms required to rebuild our country so as to improve the day-to-day lives of the Congolese people, using the motto “the people first!” These reforms — some of which have already begun to be implemented — mainly involve the security and justice sectors. Indeed, in this important transition period in which the country is preparing for MONUSCO’s withdrawal in accordance with the agreed timetable, it is essential that the national security services take ownership of all the tasks that were formerly carried out by the United Nations Stabilization Mission. The Head of State has therefore initiated reforming the security services in order to restore to our army and police an offensive and dissuasive capacity, which will be indispensable for the protection of the homeland. In the justice sector, and in accordance with constitutional requirements, the Government continues to implement its programme for the defence and promotion of all human rights, with particular emphasis on the fight against impunity and corruption, as well as the strengthening of the rule of law. In this context, the Government has initiated disciplinary and judicial proceedings in accordance with the law of the Democratic Republic of the Congo, against Congolese officials who have engaged in corruption, ordered or participated in violence against civilians or engaged in business relations with armed groups. It has also initiated appropriate disciplinary and judicial proceedings against persons responsible for human rights violations and abuses, including crimes against children and sexual and gender-based violence, and is working towards the elimination of human rights violations committed by Congolese security forces. Needless to say, the great challenge facing my country is that of security, particularly in the eastern part of the country, where the situation remains of concern. The Forces armées de la République Démocratique du Congo (FARDC) continues its military operations to track down and neutralize the residual armed groups that are still active. In this effort, the Democratic Republic of the Congo has been assisted by MONUSCO and the Force Intervention Brigade, which provide logistical, technical and operational support to the national security forces. With regard to disarmament, demobilization and reintegration (DDR), reform is currently being finalized that will consist of merging the DDR programme and the Stabilization and Reconstruction Plan for the Eastern Democratic Republic of the Congo into a S/2020/1265 single programme — the Disarmament, Demobilization, Community Reintegration and Stabilization programme — which will consist of reintegrating ex-combatants into their communities of origin. The Democratic Republic of Congo will always firmly condemn the sexual violence that is perpetrated in conflict situations in the country. We appreciate the Security Council’s recognition of the Government’s efforts to put an end to sexual violence at all levels, including the progress made in the fight against impunity through the arrest, prosecution and conviction of the perpetrators of these despicable acts. This recognition has inspired the authorities of my country, who, in accordance with the national zero-tolerance policy, will continue to strengthen the Government’s efforts aimed at combating impunity for sexual violence in conflicts, including sexual violence committed by the national security forces, and provide all necessary services and protection for survivors, victims and witnesses. The Democratic Republic of the Congo also appreciates recognition of its Government’s efforts to combat violations of human rights and international humanitarian law against children in the territories affected by the conflicts in the country. However, it regrets the reference “to the grave concern over the high number of violations against children, in particular sexual and gender-based violence being committed by security forces”, in the thirteenth preambular paragraph of resolution 2556 (2020). As we have already had to affirm before the Security Council, allegations against elements of the national security forces have been continuously subject to prior investigations, because the wearing of the uniform of the national security forces in the conflict zone is not always synonymous with real membership in the FARDC or the Congolese National Police. The Group of Experts on the Democratic Republic of the Congo have noted that that military items have often been stolen by armed groups and trafficked illicitly. Nevertheless, following investigations and trials, perpetrators have been, and will always be, punished in an exemplary manner in accordance with the law, regardless of their social rank or rank in the Democratic Republic of the Congo’s security services. With regard to the arms diverted from national stockpiles to constitute a source of supply for armed groups in the Democratic Republic of the Congo, my Government would like to recall once again that, in these areas of operation, elements of our security forces have been subject to surprise attacks by armed groups on more than one occasion. In such cases, the enemy always benefits from this intermittent advantage to recover and use, as far as possible, weapons abandoned by elements of our security forces. Nevertheless, the main source of arms for armed groups remains the illicit trafficking of arms by criminal networks that often exchange them for blood minerals from the east of the country. We would therefore like to draw the attention of Security Council members to the serious threat posed by these illicit transfers and to the destabilizing accumulation and misuse of small arms and light weapons by these criminal networks, for which the language of resolution 2556 (2020), paragraph 21, seems to propose a solution, namely, by imputing much greater responsibility for the supply of weapons to armed groups on the Government. However, the Government remains open to any support from partners to improve the conditions for the management, storage and security of stocks of weapons and ammunition of the national security forces, and it welcomes the continued support of MONUSCO in that regard. My country appreciates that the issue of the capacity to face asymmetrical warfare has been taken into account among the recommendations on the offensive capacities of the reconfigured Force Intervention Brigade, which, thanks to its expansion, will be able to provide effective support to the FARDC. Indeed, in view S/2020/1265 of the special mandate and the particularly offensive role that the Force Intervention Brigade plays within MONUSCO and alongside the FARDC, the elements that will constitute the reconfigured Brigade units are called upon to be sufficiently equipped, motivated and trained in all forms of combat, including the asymmetrical warfare waged by armed terrorist groups, such as the Allied Democratic Forces, in a forest environment. In addition, the Government expresses its readiness to continue the work begun with MONUSCO to jointly prepare assessments and in a timely manner define practical modalities for the transfer of tasks to the Government, the United Nations country team and other stakeholders, including detailed, measurable and realistic benchmarks with well-defined time lines, while establishing the roles and responsibilities of each partner and setting out an assessment of the risks and mitigation strategies for the phased drawdown of MONUSCO. To carry out that work, it has been decided to set up a working group made up of representatives of Governments, MONUSCO, the United Nations team and civil society to regularly evaluate the process and strengthen planning and coordination for the transition. The Democratic Republic of the Congo is especially pleased that the issue of the illicit cross-border trade and illegal exploitation of mineral resources is clearly addressed in the MONUSCO mandate resolution. We would hope that the Security Council and the Sanctions Committee under resolution 1533 (2004) would apply appropriate, targeted and effective sanctions on all armed groups and mafia networks trafficking in blood minerals in the Democratic Republic of the Congo. Those are some of the comments my delegation wanted to share with the members of the Security Council following the process for renewing the MONUSCO mandate. In conclusion, allow me to note that the important step just taken by the Council in adopting this resolution is not just a formality, but rather a renewal of the joint commitment for peace, security and stability in the Democratic Republic of the Congo and the Great Lakes region with a view to achieving the dream of sustainable development and economic integration of the region. The resolution that the Council just adopted seeks to strengthen the performance of MONUSCO and the Force Intervention Brigade in order to put an end to the suffering of the people of my country — a situation that, as the Council is aware, has resulted in millions of deaths and that the entire Congolese people are impatient to see end. It is now up to us to effectively implement it. I cannot conclude my statement without thanking all the troop-contributing countries and all the Blue Helmets who willingly made the ultimate sacrifice so that peace and security could return to my country. On another note, on behalf of the delegation of the Democratic Republic of the Congo, I extend to you, Mr. President, and to all the members of the Security Council our best wishes for Christmas and the new year.