S/RES/2348(2017) SC
Security Council resolution 2348 (2017) [on extension of the mandate of the UN Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) until 31 Mar. 2018]
72
Session
15
Yes
0
No
0
Abstentions
| Draft symbol | S/2017/268 |
|---|---|
| Adopted symbol | S/RES/2348(2017) |
| Category | Peace and security |
| UN Document | S/RES/2348(2017) ↗ |
Vote Recorded Vote — S/PV.7910
Full text of resolution
United Nations S/RES/2348 (2017)
Security Council Distr.: General
31 March 2017
Resolution 2348 (2017)
Adopted by the Security Council at its 7910th meeting, on
31 March 2017
The Security Council,
Recalling its previous resolutions and the statements of its President
concerning the Democratic Republic of the Congo (DRC), especially its resolutions
2293 (2016), 2277 (2016), 2211 (2015), 2198 (2015), 2147 (2014), 2136 (2014), and
2098 (2013),
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,
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,
Reaffirming its strong support for the “Comprehensive and Inclusive Political
Agreement” signed in Kinshasa on 31 December 2016, commending the tireless
efforts by the Conférence Episcopale Nationale du Congo (CENCO) mediators to
facilitate the agreement, and calling for a swift implementation of the agreement, in
good faith and in all its components, in order to organize peaceful, credible,
inclusive and timely elections no later than December 2017, leading to a peaceful
transfer of power, in accordance with the Congolese Constitution,
Recalling that full and timely implementation of the 31 December 2016
agreement is critical in supporting the legitimacy of the transitional institutions,
stressing the crucial importance of a peaceful and credible electoral cycle, in
accordance with the Constitution and respecting the African Charter on Democracy,
Elections and Governance, for lasting stabilisation and consolidation of
constitutional democracy in the DRC, and calling for the immediate implementation
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of confidence-building measures, as per the agreement, including by putting 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 o f opinion and expression,
including freedom of the press,
Stressing the importance of the Government of the DRC and its national
partners taking all necessary steps to accelerate preparations for the elections
without further delays, and to ensure an environment conducive to the peaceful and
inclusive conduct of political activities, including the security of all political actors,
and reiterating its commitment to act accordingly regarding all Congolese actors
whose actions and statement impede the implementation of the agreement and the
organization of the elections,
Remaining deeply concerned by reports of increased serious human rights and
international humanitarian law violations 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), 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 provocatio n, stressing the
importance of releasing all persons detained arbitrarily, including human rights
defenders and persons of different political affiliations, and emphasizing that the
Government of the DRC must respect human rights and comply with the princi ple
of proportionality in the use of force,
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 and in September and
December 2016, 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 of the FARDC and PNC for crimes against humanity, and stressing the
need for the Government of the DRC to continue to ensure the increased
professionalism of its security forces,
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 growing inter-communal and militia violence in some areas
of the DRC, in particular in the regions of Kasaï and Tanganyika, including attacks
against religious institutions, and killings of policemen, further expressing concerns
at reports of mass graves, and calling upon all parties to take appropriate measures
to protect and respect United Nations, diplomatic and foreign premises, property
and personnel and other civilians in the DRC,
Reiterating its deep concern regarding the security and humanitarian crisis in
the DRC exacerbated by destabilizing activities of foreign and domestic a rmed
groups, stressing the importance of neutralizing armed groups in the DRC, and
recognizing the importance of efforts of the FARDC and the United Nations
Organization Stabilisation Mission in the DRC (MONUSCO), including by
conducting joint operations, in accordance with its mandate, in that regard, recalling
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the strategic importance of the implementation of the Peace, Security and
Cooperation (PSC) Framework for the DRC and the region, and reiterating its call
to all signatories to fulfill 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,
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,
Expressing concern at the illegal exploitation and trafficking of natural
resources by armed groups 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,
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
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 those responsible for all such violations and abuses must be
swiftly apprehended, brought to justice and held accountable, and encouraging the
Government of the DRC to facilitate access for the Joint Human Rights Office in the
DRC to all detention centres, hospitals and morgues and all other premises required
for documenting human rights violations,
Welcoming the progress achieved by the Government of the DRC, including
the Presidential Adviser on Sexual Violence and the Recruitment of Children, to
cooperate with the Special Representative of the Secretary-General for Children and
Armed Conflict, the Special Representative of the Secretary-General 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,
Stressing the need for continued cooperation with the International Criminal
Court (ICC) by the Government of the DRC, and stressing the importance of
actively seeking to hold accountable those responsible for genocide, w ar crimes and
crimes against humanity in the country,
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Remaining greatly concerned by the humanitarian situation that continues to
severely affect the civilian population, expressing deep concern regarding the very
high number of internally displaced persons in the DRC, at more than 2.2 million,
and the 452,000 refugees in the DRC, as well as the more than 468,000 refugees
from eastern DRC as a result of ongoing hostilities, 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 conditio ns
of safety and dignity, with 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 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 violence, as well as continued 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 concern the slow progress in the implementation of the national
plan for the disarmament, demobilization and reintegration of former armed groups
and militia combatants (PNDDR III) and, while welcoming the return of thousands
of former combatants to their communities since inception of the plan, expressing
concern at the lack of provision of adequate reintegration measures for these
combatants,
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 their importance,
Reaffirming that the successful protection of civilians is critical to the
fulfilment of MONUSCO’s 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, as well as appropriate prioritisation
and resourcing,
Reaffirming its strong support to the Special Representative of the Secretary -
General (SRSG) and MONUSCO in the implementation of their mandates, strongly
encouraging the continuation of their efforts and calling on the Secretariat to
support MONUSCO to fully implement its mandate,
Recalling that it is important that all MONUSCO contingents, including the
contingents of the Intervention Brigade, are properly trained and effectively
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equipped, including with adequate language skills, staffed and suppo rted 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 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, stressing the need to involve the UNCT and, in this regard,
emphasizing the importance of joint analysis and effective strategic planning with
the UNCT,
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. Calls on all stakeholders in the DRC, including President Kabila, the
presidential majority and the opposition, to swiftly implement the 31 December
2016 agreement, in good faith and in all its components, and to redouble their
efforts towards a speedy conclusion of the ongoing talks on the “arrangements
particuliers”, in order to urgently nominate a Prime Minister presented by the
Rassemblement, as per the agreement, to put in place the Conseil national de suivi
de l’accord (CNSA) and to fully implement confidence -building measures, in order
to proceed without further delay to the preparation of the presidential and legislative
elections due to take place before the end of 2017;
2. Reiterates its determination to bring its full support to implementation of
the 31 December 2016 agreement and that effective, swift and timely
implementation of the agreement is critical to a credible process and the peace and
stability of the DRC;
3. Calls on the Government of the DRC and its national partners, including
the Independent National Electoral Commission (CENI), to ensure a transparent and
credible electoral process, in fulfilment of their primary responsibility to create
propitious conditions for the forthcoming elections, as per the 31 December 2016
agreement, including full participation of women at all stages;
4. Acknowledges the progress in voter registration with the assistance of
MONUSCO, calls on the CENI to publish immediately a revised comprehensive
electoral calendar, as per the 31 December 2016 agreement, and to complete without
delay a credible update of the electoral register, calls on the Government of the
DRC to put in place swiftly an adequate and credible electoral budget, to ensure the
successful and timely holding of elections no later than December 2017, as per the
agreement, and in accordance with the Constitution, and respecting the African
Charter on Democracy, Elections and Governance, encourages donors to fund
accordingly the multi-partner fund for the Projet d’Appui au Cycle Electoral au
Congo (PACEC) in order to support civic education, the deployment of elections
monitors and provide other important types of support for the election process, and
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recalls that the effective establishment of the CNSA and the government of national
unity, as well as a transparent and integrated United Nations approach will be
important in that regard;
5. Calls on the Parliament during the ordinary session starting on 15 March
2017 to adopt revisions to the electoral law needed to keep the electoral timeline in
conformity with the 31 December 2016 agreement;
6. 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 C onstitution, which
includes free and constructive political debate, freedom of opinion and expression,
including for the press, freedom of assembly, equitable access to media including
State media, the security of all political actors, 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;
7. Underlines that a swift and complete implementation of the 31 December
2016 agreement is critical in supporting the legitimacy of the transitional
institutions, expresses its full support to the mediation led by CENCO, urges all
national stakeholders to keep engaging in an open and inclusive manner and extend
cooperation to CENCO 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
8. 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;
9. 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 the current
electoral process, in particular in January 2015, on 19, 20 and 21 September and
19 December 2016;
10. Condemns the violence witnessed in the Kasaï region over recent
months, expresses grave concern at serious violations of international humanitarian
law committed by local militia in that region, including those involving attacks on
DRC security forces and symbols of State authority, recruitment and use of children
in violation of applicable international law, and further expresses serious concerns
at the recent reports of mass graves and of killings of civilians by members of the
security forces of the DRC, all of which might constitute war crimes under
international law, welcomes the announcement by the Government of the DRC that
they will conduct investigations into violations of international humanitarian law
and violations or abuses of human rights in the Kasaïs jointly with MONUSCO and
the United Nations Joint Human Rights Office in the DRC, and in collabora tion
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with the AU, in order to bring to justice and hold accountable all those responsible,
and looks forward to their results;
11. 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 and victims, 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 zero -tolerance
policy and, if appropriate, to prosecute those responsible;
12. 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;
13. 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, and to ensure that children are not detained for their
alleged association with armed groups and are handed over to child prot ection
actors in line with the Ministry of Defence and the National Intelligence Agency
Directives issued in 2013;
Armed Groups
14. 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 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;
15. Demands that all armed groups cease immediately all forms of violence,
including violations and abuses against children 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 2293 (2016) renewing the sanctions regime established by its resolution
1807 (2008), and further calls for disarmament of Forces Démocratiques de
Libération du Rwanda (FDLR) active leadership and combatants, who were
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;
16. Calls for joint operations by the FARDC and MONUSCO, including
joint planning and tactical cooperation, in accordance with MONUSCO ’s mandate,
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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;
17. Condemns the brutal killings of more than 1,000 civilians in the Beni
area since October 2014, including more than 230 in 2016 alone, some of which
occurred near MONUSCO bases, expresses deep concern regarding the persistence
of violence in this region, reiterates the urgent need for a thorough and prompt
investigation into these attacks in order to ensure that those responsible are held to
account, and calls on the Government of the DRC to take further military action, in
accordance with international law, including international h umanitarian 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 armed
groups operating in eastern DRC;
18. Reiterates its call to the Government of the DRC and all signatory States
under the PSC Framework to redouble their efforts in order to fully and promptly
implement their commitments in good faith, including not interfering in the internal
affairs of neighbouring countries, neither tolerating nor providing assistance or
support of any kind to armed groups, and not harbouring war criminals;
19. Expresses concern at recent incursions of former M23 combatants in
DRC, requests the Governments of the DRC, Uganda and Rwanda to strengthen
their collaboration to ensure the repatriation of former M23 combatants located in
their territories consistent with the Nairobi declarations and in line with
commitments under the PSC Framework, calls upon the former M23 leadership to
cooperate fully with the repatriation of former combatants consistent with its
commitment under the Nairobi declarations, and reiterates the importance of
ensuring that all provisions of the signed documents are implemented swiftly and in
good faith and, in this regard, that the M23 does not regroup, join other armed
groups, or, resume military activities;
20. Calls for a suitable solution for the relocation of elements of the Sudan
People’s Liberation Movement/Army-in Opposition (SPLM/A-iO) currently present
in the DRC, with the support of the Government of the DRC, the wider region,
international partners and the Secretary-General through his good offices, welcomes
the establishment of a joint working group, and supports the efforts of the United
Nations in that regard;
21. 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;
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22. Notes with deep concern the limited progress in those fields essential for
the DRC’s stabilisation and reiterates its call to the Government of the DRC to take
further steps in particular to uphold its national commitments to Security Sector
Reform (SSR), and to implement fully and immediately the national Disarmament,
Demobilization and Reintegration (DDR) programme;
23. 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 t he
continued support of MONUSCO, as appropriate and within existing resources;
24. Urges the Government of the DRC to fully implement and provide
without delay appropriate funding to its DDR Plan including with regards to
reintegration, training, and preparation for resettlement in communities, as well as
to weapons and ammunition management activities, in order to be able to effectively
deal with former combatants, including those already under FARDC responsibility
and acknowledges that the absence of a credible DDR process is preventing armed
elements from laying down their weapons;
25. Calls on the United Nations Special Envoy for the Great Lakes Region to
continue his regional and international engagement in furtherance of peace and
stability 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 SRSG 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, while avoiding
overlapping with other United Nations institutions;
MONUSCO’s mandate
26. Decides to extend until 31 March 2018 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;
27. Taking into account the recommendations of the Secretary-General in his
report S/2017/206, 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;
28. Decides that the strategic priorities of MONUSCO are to contribute to
the following objectives:
(a) Protection of civilians, as described in paragraph 34(i) of this resolution;
(b) Support to the implementation of the 31 December 2016 agreement and
the electoral process, as described in paragraph 34(ii) of this resolution, in order to
contribute to the stabilisation of the DRC;
29. Requests all components of the MONUSCO Force as well as its police
and the civilian components to work together in an integrated way, and encourages
MONUSCO and the United Nations system in-country to strengthen integration
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through joint analysis and joint planning based on comparative advantages and joint
implementation arrangements;
30. Notes that drivers behind different armed groups’ activities and militia
violence are varied 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 and analysing information on the criminal networks
which support these armed groups and further underlines the need for tailored
responses in tackling armed groups;
31. Stresses the need for coordination and cooperation between the
Government of the DRC and other national authorities, United Nations entities and
development actors to build and sustain peace, stabilize, improve security situation
and assist in restoration of State authority;
32. Reaffirms that the protection of civilians must be given priority in
decisions about the use of available capacity and resources;
33. Authorizes MONUSCO, in pursuit of the objectives described in
paragraph 32 above, to take all necessary measures to carry out its mandat e and
requests the Secretary-General to immediately inform the Security Council should
the MONUSCO Force or Police fail to do so;
34. Decides that the mandate of MONUSCO shall include the following
priority tasks, bearing in mind that these tasks as well as those in paragraph 35
below are mutually reinforcing:
(i) Protection of civilians
(a) Ensure effective and dynamic protection of civilians under threat of
physical violence, including by preventing, deterring, and stopping all armed groups
and local militias from inflicting violence on the populations, and by supporting and
undertaking local mediation efforts to prevent escalation o f violence, paying
particular attention to civilians gathered in displaced persons and refugee camps,
humanitarian personnel and human rights defenders, with a focus on violence
emerging from any of the parties engaged in the conflict, as well as in the co ntext of
elections, and mitigating the risk to civilians before, during and after any military
operation;
(b) Work with the Government of the DRC 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;
(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
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of international humanitarian law and violations and ab uses of human rights,
including in the context of elections;
(d) Neutralize armed groups through the Intervention Brigade: 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 through the
Intervention Brigade 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 t he human rights
due diligence policy on United Nations-support to non-United Nations forces
(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 eastern 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 the Government of the
DRC 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 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 and those who support
them, including through cooperation with States of the region and t he ICC;
(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) Implementation of the 31 December 2016 agreement and support to
the electoral process
(a) Provide technical and political support to the implementation of the 31
December 2016 agreement, including to the CNSA, the Government of National
Unity, the mediation led by CENCO, and other relevant institutions, in coordination
with regional and international partners, with a view to furthering reconciliation and
democratization, paving the way for holding the elections before the end of 2017,
consistent with paragraphs 1 to 6 above;
(b) 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
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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 electoral
process, as appropriate and in coordination with Congolese authorities, the UNCT,
regional and international actors, in order to facilitate the electoral cycle, in
particular by engaging in a regular and substantial dialogue with the CENI, 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 and legislative elections, i n accordance with paragraphs
1 to 6 above;
(d) Contribute to the provision of training to the PNC in relation to elections
security, including through human rights training, in compliance with the United
Nations’ HRDDP;
(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;
35. Further authorizes MONUSCO to pursue the following tasks:
(i) Stabilisation and DDR
(a) 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;
(b) 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;
(c) 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 coordinated under the framework of the ISSSS, while
paying specific attention to the needs of children formerly associated with armed
forces and groups;
(d) Provide support to the disarmament, demobilization, repatriation,
resettlement and reintegration (DDRRR) process to return and reintegrate foreign
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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;
(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 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 c lear 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 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 for joint operations and subject to appropriate
oversight and scrutiny;
(d) for the implementation of any appropriate recommendations for justice
and prison sector reforms as contained in 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;
(iv) 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;
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Child protection
36. Requests MONUSCO to take fully into account child protection as a
cross-cutting 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;
Gender, Sexual Violence, Sexual Exploitation and Abuse
37. Requests MONUSCO to take fully into account gender considerations as
a crosscutting issue throughout its mandate and to assist the Government of the
DRC in ensuring the participation, involvement and representation of women at all
levels, including in the creation of conditions conducive to the holding of elections,
protection of civilians and support to stabilisation efforts through, inter alia, the
provision of gender advisers, and further requests enhanced reporting by
MONUSCO to the Council on this issue;
38. Recalls its Presidential statement S/PRST/2015/22 and its resolution
2272 (2016), requests the Secretary-General to take the necessary measures to
ensure full compliance of 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 troop- and police-contributing countries to take appropriate preventative
action including predeployment awareness training, and to ensure full accountability
in cases of such conduct involving their personnel;
39. 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;
40. 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;
Humanitarian Access
41. 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;
42. Calls on all Member States to generously contribute to the United
Nations humanitarian appeal for the DRC to help ensure that United Nations
humanitarian agencies and other international organizations are fully funded and
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able to address the protection and assistance needs of internally displaced persons,
survivors of sexual violence, and other vulnerable communities;
Support to the Group of Experts
43. 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;
Force effectiveness
44. Urges the United Nations to continuously incorporate lessons learned to
conduct reforms across MONUSCO to better enable its offices and contingents to
implement its mandate, in particular regarding the protection of civilians, and to
improve Mission chain of command, increase the effectiveness of MONUSCO
operations, strengthen safety and security of personnel, and enhance MONUSCO ’s
ability to manage complex situations;
45. 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;
46. Requests MONUSCO to continue to maximise Force interoperability,
flexibility, mobility and effectiveness in the implementation of the entirety of
MONUSCO’s mandate, including by deploying rapidly deployable units, specialised
capabilities, including information-gathering assets and specialized infantry, and by
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 and reminds the Secretary -General of
the necessity to keep Memoranda of Understanding (MoUs) and Statements of Unit
Requirements (SURs) between the troop- and police-contributing countries and the
United Nations up to date;
47. Commends the commitment of the troop- and police-contributing
countries in implementing the Mission’s mandate in a challenging environment, and
in this connection, highlights that undeclared national caveats, lack of effective
command and control, refusal to obey orders, failure to respond to attacks on
civilians, and inadequate equipment may adversely affect the shared responsibility
for effective mandate implementation;
48. Requests MONUSCO to consider the environmental impacts of its
operations when fulfilling its mandated tasks and, in this context, to manage them as
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appropriate and in accordance with applicable and relevant General Assembly
resolutions and United Nations rules and regulations;
49. Takes note of the Secretary-General’s recommendation to consider the
deployment of two Formed Police Units and associated enablers, and in this regard
requests the Secretary-General to explore the possibility of inter-mission
cooperation through appropriate transfers of troops and their assets from other
United Nations missions to MONUSCO, subject to the following conditions: (i) the
Council’s information and approval, including on the scope and duration of the
transfer, (ii) the agreement of the troop- and police-contributing countries and
(iii) the security situation where these United Nations missions are deployed and
without prejudice to the performance of their mandates, and to report back to the
Council in due course, including with any further recommendations as necessary;
Exit strategy
50. Stresses that MONUSCO’s exit should be phased and progressive, tied to
specific targets developed through dialogue with the Government of the DRC, as
well as through consultations with other stakeholders, with the Secreta ry-General to
report to the Council at the end of each phase, and at regular intervals, on the
progress made, and to make any necessary recommendations on the planning of
subsequent phases of the withdrawal, and looks forward to the resumption of a
strategic dialogue between the Government of the DRC and the United Nations in
that regard;
Strategic review
51. Requests the Secretary-General, in accordance with best practices, to
conduct a strategic review of MONUSCO, examining the continued relevance of all
mandated tasks, priorities and related resources, as well as necessity to adapt the
Mission’s mandate to the specific needs of the post-elections phase, with a view to:
(a) Providing the Security Council with options, no later than 30 September
2017, for a reduction of MONUSCO’s Force and civilian components in order to
maximize the efficient use of the Mission’s resources, to be delivered after the
successful implementation of the 31 December 2016 agreement, and sustain able
progress in reducing the threat of armed groups, taking account of the Mission and
the UNCT’s comparative advantages, capacities and other relevant factors, with a
view to transferring relevant activities to the UNCT and other relevant partners, as
appropriate; and
(b) In light of the Security Council’s reaction to these options and following
successful implementation of the 31 December 2016 agreement, providing advice to
the Security Council on an exit strategy, in line with paragraph 50 above and in
advance of the next mandate renewal;
Reports by the Secretary-General
52. 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:
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(i) progress made by the DRC on the implementation of the 31 December
2016 agreement and the electoral process, including on the provisions of paragraphs
1 to 6 above, as well as 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 an d
police component of MONUSCO, sexual violence and the impact of conflict on
women and children, and any gender considerations made;
(ii) the situation on the ground, including updates on operations to neutralize
armed groups, in accordance with paragraph 34.i.d, and any instances where the
Mission is not effectively fulfilling its protection of civilians mandate, and the
circumstances surrounding these instances;
(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’s Force and improve its performance, including measures to ensure
Force effectiveness as outlined in paragraphs 44 to 47, the deployment of rapidly
deployable battalions and employment of the Interventio n Brigade’s capabilities, to
become more mobile, efficient and effective in implementing its mandate, 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 se curity 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;
53. Requests the Secretary-General to update the Security Council in writing
every 45 days on political and technical progress and obstacles to the
implementation of the 31 December 2016 agreement, when no regular reports are
due;
54. 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;
55. Decides to remain actively seized of the matter.
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