S/RES/2463(2019) SC
Security Council resolution 2463 (2019) [on extension of the mandate of the UN Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) until 20 Dec. 2019]
74
Session
15
Yes
0
No
0
Abstentions
| Draft symbol | S/2019/263 |
|---|---|
| Adopted symbol | S/RES/2463(2019) |
| Category | Peace and security |
| UN Document | S/RES/2463(2019) ↗ |
Vote Recorded Vote — S/PV.8498
Full text of resolution
United Nations S/RES/2463 (2019)
Security Council Distr.: General
29 March 2019
Original: English
Resolution 2463 (2019)
Adopted by the Security Council at its 8498th meeting, on
29 March 2019
The Security Council,
Recalling its previous resolutions and the statements of its President concerning
the Democratic Republic of the Congo (DRC), especially its resolutions 2424 (2018),
2409 (2018), 2389 (2017), and previous resolutions regarding the mandate of
MONUSCO and the sanctions regime established by resolutions 1493 (2003) and
1807 (2008),
Reaffirming the basic principles of peacekeeping, including consent of the
parties, impartiality, and non-use of force, except in self-defence and defence of the
mandate, and recognizing that the mandate of each peace-keeping mission is specific
to the need and situation of the country concerned,
Reaffirming its strong commitment to the sovereignty, independence, unity and
territorial integrity of the DRC as well as all States in the re gion and emphasizing the
need to respect fully the principles of non-interference, good-neighbourliness and
regional cooperation,
Welcoming the peaceful holding of the presidential, national and provincial
elections in the DRC, commending the millions of Congolese people who went to the
polls calmly and with determination, leading to the first peaceful transfer of power
between Heads of State in the DRC, despite technical, logistical and security
challenges and the decision to suspend the vote in certain parts of the country for
specific health and security reasons, and welcoming the use of legal mechanisms by
those who sought to dispute the outcome of the elections,
Stressing the crucial importance of the full completion of the current electoral
cycle, including the outstanding legislative by-elections, and of peaceful, transparent,
inclusive and credible local elections in accordance with the Constitution and
Electoral Law, calling upon all parties to continue to reject violence of any kind,
exercise maximum restraint in their actions and statements, to refrain from
provocations such as violence and speeches inciting violence, so as not to inflame the
situation, and to address their differences peacefully, noting the example set by the
31 December 2016 “comprehensive and inclusive political agreement” in that regard,
Recalling that the Government of the DRC bears the primary responsibility to
protect civilians within its territory and subject to its jurisdiction, including protection
from crimes against humanity and war crimes,
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Welcoming the preliminary actions taken by President Tshisekedi to put an end
to restrictions of the political space in the DRC, in particular arbitrary arrests and
detention of members of the political opposition and of civil socie ty, as well as
restrictions of fundamental freedoms such as the freedom of opinion and expression,
freedom of the press, and the right of peaceful assembly, and encouraging further
measures towards the prompt achievement of this objective,
Noting that the DRC has continued to suffer from recurring and evolving cycles
of conflict and persistent violence by armed groups, expressing particular concern at
the reports of inter-communal and militia violence in areas of the DRC, as well as the
continued presence of foreign armed groups, while at the same time welcoming the
expression of readiness by some armed groups to lay down their weapons and, in that
regard, calling upon the Government of the DRC and its partners to urgently provide
adequate and timely support for the disarmament, demobilisation and reintegration
(DDR) of former combatants, and calling upon all parties to take appropriate
measures to protect civilians, as well as protect and respect United Nations,
diplomatic and foreign premises, property and personnel in the DRC,
Reiterating its deep concern regarding the security and humanitarian crisis in
the DRC exacerbated by destabilizing activities of foreign and domestic armed
groups, stressing the importance of addressing the threat posed by armed gr oups in
the DRC, and recognizing the importance of efforts of the Armed Forces of the DRC
(FARDC) and the United Nations Organization Stabilisation Mission in the DRC
(MONUSCO), including by conducting joint operations, in accordance with its
mandate and the human rights due diligence policy on United Nations-support to
non-United Nations forces (HRDDP),
Remaining deeply concerned by the persistent high levels of violence and
violations and abuses of human rights and violations of international humanitari an
law in parts of the country, condemning in particular those involving targeted attacks
against civilians, widespread sexual and gender-based violence, recruitment and use
of children by armed groups and militias, the forced displacement of significant
numbers of civilians, extrajudicial executions and arbitrary arrests, recognizing their
deleterious effect on the stabilisation, reconstruction and development efforts in the
DRC, and emphasizing that all acts of violence must be investigated and those
responsible for all such violations and abuses must be swiftly brought to justice and
held accountable, and calling upon the Government of the DRC to facilitate, in line
with previous agreements, full and unhindered access for the Joint Human Rights
Office in the DRC (UNJHRO) to all detention centres, hospitals and morgues and all
other premises required for documenting human rights violations, as applicable,
Emphasizing the need for the Government of the DRC to respect human rights
and refrain from disproportionate use of force, and welcoming the commitments and
actions of President Tshisekedi in that regard, as well as his commitment to combat
impunity in all areas, while remaining deeply concerned by reports of serious
violations and abuses of human rights and violations of international humanitarian
law committed by some members of the Armed Forces of the DRC (FARDC), the
National Intelligence Agency (ANR), the Republican Guard and Congolese National
Police (PNC) in 2018,
Reiterating its concern over the lack of progress in the investigations and
prosecutions against alleged perpetrators of human rights violations and abuses
committed during the 2011 electoral process, in January 2015, September and
December 2016, in December 2017, and January, February and December 2018, and
calling for further efforts to hold those responsible to account and fight impunity,
Recalling the importance of fighting impunity within all ranks of FARDC and
PNC, commending the DRC authorities for prosecutions and convictions of members
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of the FARDC and PNC for crimes against humanity and encouraging them to take
further action, and stressing the need for the Government of the DRC to continue to
ensure the increased professionalism of its security forces, including training a nd
capacity building of security personnel to fully respect domestic and international
human rights law, as well as international humanitarian law,
Reaffirming that the Peace, Security and Cooperation (PSC) Framework for the
DRC and the region remains an essential mechanism to achieve durable peace and
stability in the DRC and the region, recalling the strategic importance of its
implementation, and reiterating its call to all signatories to fulfil promptly, fully and
in good faith their respective commitments under this Framework in order to address
the root causes of conflict and put an end to recurring cycles of violence, and promote
lasting regional development,
Recalling that it is prepared to impose targeted sanctions under paragraph 7
(d) and (e) of its resolution 2293 (2016), regarding inter alia human rights violations
or abuses or violations of international humanitarian law,
Recalling the continued cooperation with the International Criminal Court (ICC)
by the Government of the DRC following the decision made by the Prosecutor of the
ICC in June 2004 to open, following the request of the Government of the DRC, an
investigation into alleged crimes committed in the context of armed conflict in the
DRC since 2002, and stressing the importance of actively seeking to hold accountable
those responsible for genocide, war crimes and crimes against humanity in the
country,
Encouraging the continuation of efforts by the Secretary-General of the United
Nations, the African Union (AU), the International Conference on the Great Lakes
Region (ICGLR), and the Southern African Development Community (SADC) to
restore peace and security in the DRC, encouraging the Government of the DRC to
ensure continuous close cooperation with these and other international parties, and
recognizing the efforts of the Government of the DRC aiming at the achievement of
peace and national development,
Reaffirming the important role of women and youth in the prevention and
resolution of conflicts, and in peacebuilding, stressing the importance of their full,
equal and effective participation in all efforts for the maintenance of and promotion
of peace and security in the DRC,
Expressing concern at the illegal exploitation and trafficking of natural
resources, particularly timber, so-called “conflict minerals”, particularly gold, as well
as charcoal and wildlife, by armed groups and criminal networks supporting them
among others, and the negative impact of armed conflict on protected natural areas,
which undermines lasting peace and development for the DRC, and encouraging the
Government of the DRC to strengthen efforts to safeguard those areas, further
encouraging member States of ICGLR and regional economic communities to further
increase cooperation in fighting illegal exploitation and trade of natural resources,
including through the responsible mineral sourcing supply chain due diligence,
Expressing great concern over the humanitarian situation that has left at least
12.8 million Congolese in need of humanitarian assistance, further expressing deep
concern regarding the growing number of internally displaced persons in the DRC
with 2.1 million estimated to have been displaced in 2018, and the 531,000 refugees
in the DRC, as well as the more than 781,000 refugees from the DRC in Africa as a
result of ongoing hostilities, further calling upon the DRC and all States in the region
to work towards a peaceful environment conducive to the realization of durable
solutions for refugees and internally displaced persons, including their eventual
voluntary return and reintegration in the DRC in conditions of safety and dignity, with
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the support of the United Nations Country Team (UNCT), stressing that any such
solution should be in line with relevant obligations under international refugee law,
international humanitarian law and international human rights law, and commending
United Nations humanitarian agencies, partners, and donors for their efforts to
provide urgent and coordinated support to the population, calling on member States
and other international partners to scale up funding to urgently respond to the
humanitarian needs in the country,
Expressing grave concern about the most recent outbreak of the Ebola virus in
the DRC, which has affected more than 1000 people and claimed the lives of more
than 600 people to date, commending the Government of the DRC for its leadership
in responding to the outbreak, further commending the efforts of all humanitarian and
health workers on the ground including those under the coordination of the World
Health Organization (WHO), including by implementing preparedness and
operational plans and collaboration with governments of the region and thos e
providing assistance and calling on them to increase information sharing and
coordination, and welcoming the support provided by MONUSCO,
Recalling all its relevant resolution on the protection of humanitarian and
medical personnel, including resolutions 2439 (2018) and 2286 (2016) and expressing
further concern at increased impediments to humanitarian access in eastern DRC
resulting from insecurity and violence, condemning in that regard the continued
attacks against humanitarian actors and assets, including in particular those
perpetrated against humanitarian workers and medical personnel responding to the
Ebola outbreak, which risk jeopardizing the response, calling upon all parties to
respect the impartiality, independence and neutrality of humanitarian actors, and
underlining the need for safe and unhindered access for humanitarian actors,
Recalling all its relevant resolutions on women, peace and security, on youth,
peace and security, on children and armed conflict, and on the protection of civilians
in armed conflict, also recalling the conclusions on children and armed conflict in the
DRC (S/AC.51/2018/2) adopted on 7 August 2018 by the Security Council Working
Group on Children and Armed Conflict pertaining to the parties in armed conflicts o f
the DRC, and welcoming efforts of the Government of the DRC in this regard, further
welcoming efforts by the Government of the DRC to implement resolution 1325
(2000) and encouraging the implementation of the National Action plan,
Welcoming the progress achieved by the Government of the DRC, including the
Presidential Adviser on Sexual Violence and the Recruitment of Children, in
cooperation with the Special Representative of the Secretary-General (SRSG) for
Children and Armed Conflict, the SRSG on Sexual Violence in Conflict, and
MONUSCO, to implement the action plans to prevent and end the recruitment and
use of children and sexual violence by the FARDC, and to combat impunity for sexual
violence in conflict, including sexual violence committed by the FARDC and the
PNC, as highlighted by the Secretary General in his report S/2018/250, further
welcoming the work carried out by MONUSCO child protection advisors, the UN
Country Team involved in DRC in order to prevent and eliminate violations and
abuses committed against children, including those involving the recruitment and use
of children in armed conflict, recalling that such violations may lead to sanctions
under paragraph 7(d) of resolution 2293 (2016), and further calling on all actors to
contribute to the rehabilitation and reintegration of children formerly associated with
armed conflict,
Welcoming the efforts of MONUSCO and international partners in delivering
training in human rights, international humanitarian law, gender mainstreaming, child
protection and protection from sexual and gender-based violence for Congolese
security institutions and underlining their importance,
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Recognizing the important use of confidence-building, facilitation, mediation,
and community engagement, and the need for MONUSCO, as appropriate and when
possible, to continue to explore how it can use these techniques to enhanc e its ability
to support the Mission’s protection, information gathering and situational awareness,
and to implement its mandated tasks, including to protect civilians,
Welcoming the commitment of the Secretary-General to enforce strictly his zerotolerance policy on sexual exploitation and abuse (SEA), noting the various measures
taken by MONUSCO and Troop- and Police-contributing countries (T/PCCs) to
combat SEA, which has led to a reduction in reported cases, but still expressing grave
concern over allegations of SEA reportedly committed by peacekeepers and civilian
personnel in the DRC, emphasizing the need to ensure that incidents can be reported,
including by MONUSCO personnel, and duly verified in a safe and simple manner,
stressing the urgent need for T/PCCs and, as appropriate, MONUSCO to promptly
investigate those allegations in a credible and transparent manner and for those
responsible for such criminal offences or misconduct to be held to account, and
further stressing the need to prevent such exploitation and abuse and to improve how
these allegations are addressed in line with resolution 2272 (2016),
Reiterating its call on all parties to cooperate fully with MONUSCO and to
remain committed to the full and objective implementation of the Mission ’s mandate,
reiterating its condemnation of any and all attacks against peacekeepers, and
emphasizing that those responsible for such attacks must be held accountable,
Emphasizing that MONUSCO’s activities should be conducted in such a manner
as to build and sustain peace and facilitate progress towards sustainable peace and
development, so as to reduce the level of threat posed by domestic and foreign armed
groups to a level that can be managed by the DRC’s security forces, and that progress
in the fight against impunity is critical for the security forces are to no longer be
perceived as a threat to civilians, stressing the need to involve the UNCT and, in this
regard, emphasizing the importance of joint analysis and effective strategic planning
with the UNCT,
Welcoming the commitment of the Congolese authorities to closely collaborate
with MONUSCO and their support to a reconfiguration of the Mission, which the
Security Council intends to enact, taking into account the strategic review as per
paragraph 45 below,
Determining that the situation in the DRC continues to constitute a threat to
international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
Political situation and electoral process
1. Commends the Congolese people for their conduct during the presidential,
national and provincial elections, that led to the first peaceful transfer of power
between Heads of States in the history of the DRC, further welcomes the important
role played by national as well as the regional observation missions of SADC, ICGLR
and the African Union, reiterates its appeal to all Congolese actors to work for the
preservation of the still fragile gains in the path of peace and stability in the DRC,
further appeals for the pursuit of national unity, confidence building and
peacebuilding, including through inclusive political dialogue among all stakeholders;
2. Calls upon the DRC authorities to work towards the stabilisation and
strengthening of the capacity of State institutions, with the support of MONUSCO, in
order to fulfil the rights and needs of all Congolese people, further calls upon all
political stakeholders to work toward a climate of peace, transparency, inclusion and
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credibility during preparations for the holding of local elections in accordance with
the Constitution and the Electoral law;
3. Requests the Secretary-General and calls upon regional organisations to
provide political support to the strengthening of State institutions in the DRC and the
restoration of trust among the different parties, including through their good offices,
in order to consolidate peace and security, tackle the root causes of conflict in priority
areas, as well as foster a broad national consensus around key governance and security
reforms, the fight against illegal exploitations of natural resources, and support to
current electoral processes, in line with the government of DRC’s national priorities;
Human Rights
4. Reiterates its condemnation of the violence witnessed in Eastern DRC and
the Kasaï region, strongly condemns the violence committed in Yumbi territory on
16–18 December 2018, some of which the United Nations Joint Human Rights Office
(UNJHRO) reported may constitute crimes against humanity, further reiterates the
importance and urgency of prompt and transparent investigations into violations of
international humanitarian law and violations or abuses of human rights in these
regions, including sexual violence, as well as its intention to closely monitor progress
of the investigations into these violations and abuses, in order to bring to justice and
hold accountable all those responsible, and looks forward to their results; welcomes
the commitments of the DRC authorities in that regard, further welcomes the
cooperation of the Government of the DRC with the team of international experts on
the situation in the Kasai regions mandated by the Human Rights Council in its
resolution 35/33, requests the Government of the Democratic Republic of the Congo
to implement all the recommendations made by the team of international experts in
its report, and to cooperate with the team of two international human rights experts,
charged with monitoring, evaluating, providing support and reporting on the
implementation by the DRC of those recommendations; further welcomes the
Government of the DRC’s continued cooperation with the United Nations team
deployed, as agreed, to assist the Congolese authorities investigations into the deaths
of the two UN experts in March 2017, and calls on them to ensure all perpetrators are
brought to justice and held accountable;
5. Urges the Government of the DRC to hold accountable those responsible
for violations of international humanitarian law or violations and abuses of human
rights, as applicable, in particular those that may amount to war crimes and crimes
against humanity, and stresses both regional cooperation and the DRC’s cooperation
with the ICC, following the DRC’s referral of the situation in the DRC in 2004, as
well as cooperation with the African Court of Human and People ’s Rights;
6. Reiterates its concern about the increase in reported human rights
violations by State agents in 2018, welcomes in that regard the decision by President
Tshisekedi to hold security forces and police accountable for violations of human
rights, release political prisoners, and close irregular detention centre s, and his
commitments to ensure the Government of the DRC respects human rights and
fundamental freedoms, as well as to investigate violations of human rights by State
agents, and calls for their swift implementation, further calls upon the Congolese
authorities to ensure the prosecution of those responsible for the crimes involving
human rights violations and abuses committed in the context of elections, deplores
the loss of lives, injuries and arrests recorded during various incidents and condemns
any disproportionate use of force, welcomes investigations by the Congolese
authorities on any disproportionate use of force by security forces on peaceful
protesters, and calls on the Congolese authorities to ensure that those responsible for
these acts are swiftly brought to justice, underlines the importance of observing the
rule of law;
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7. Strongly condemns sexual violence in conflict perpetrated by all parties in
the DRC, welcomes efforts made by the Government of the DRC to combat and
prevent sexual violence in conflict, including progress made in the fight against
impunity through the arrest, prosecution and conviction of perpetrators from the
FARDC and the PNC, and urges the Government of the DRC to continue to strengthen
its efforts to combat impunity for sexual violence in conflict, including sexual
violence committed by the FARDC and PNC at all levels, and to provide all necessary
services and protection to survivors, victims and witnesses, and further calls upon the
Government of the DRC to complete investigations into allegations of sexual
exploitation and abuse by members of the FARDC in line with the its zero -tolerance
policy and, if appropriate, to prosecute those responsible, further encourages the
government to take all measures to support the psychological and medical support of
victims of sexual violence in conflict to facilitate their return to a normal life and to
provide all necessary services, including legal, and protection to survivors;
8. Encourages the Government of the DRC to implement in full its National
Strategy and the Roadmap agreed during the national conference in Kinshasa from
11–13 October 2016 to evaluate the implementation of the Joint Communiqué
between the Government of the DRC and the United Nations on the Fight Against
Sexual Violence in Conflict adopted in Kinshasa on 30 March 2013;
9. Welcomes the progress made by the Government of the DRC to consolidate
the gains of the Action Plan to End and Prevent the Recruitment and Use of Children
and expedite its implementation and to take all necessary steps to end and prevent
violations and abuses against children, and to ensure that children are not detained
for their alleged association with armed groups and are handed over to child
protection actors, in line with the Ministry of Defence and the National Intelligence
Agency Directives issued in 2013, and calls upon the Government of the DRC to
continue its efforts;
Armed Groups
10. Strongly condemns all armed groups operating in the DRC and their
violations of international humanitarian law as well as other applicable international
law, and abuses of human rights especially those involving attacks on the civilian
population, United Nations and associated personnel and humanitarian actors, as well
as medical personnel and facilities, summary executions, sexual and gender based
violence and recruitment and use of children, abductions of children and humanitarian
personnel, attacks on schools and hospitals in violation of applicable international
law, and reiterates that those responsible must be held accountable;
11. Demands that all armed groups cease immediately all forms of violence,
including violations and abuses against children, the use of civilians as human shields
and other destabilizing activities, the illegal exploitation and trafficking of natural
resources, and further demands that their members immediately and permanently
disband, lay down their arms, reject violence and release children fr om their ranks,
recalls in this regard its resolution 2424 (2018) renewing the sanctions regime
established by its resolution 1807 (2008);
12. Welcomes the repatriation of FDLR disarmed combatants and some former
M23 combatants, calls on the signatory states of the PSC Framework to follow up
and provide regular updates on the reintegration of the repatriated former FDLR
combatants and their dependents formerly in the camps in Kisangani, Walungu and
Kanyabayonga and to complete without precondition the repatriation of the remaining
former M23 combatants, as well as other combatants seeking voluntary return to their
country of origin, within the shortest time frame possible;
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13. Urges the Governments of the region, with the support of the PSC
Guarantors, to strengthen their collaboration in addressing appropriately and
holistically the threat of all remaining foreign armed groups in the DRC and the illici t
flow of weapons in the region, and encourages them to promote the transparent and
lawful management of natural resources, including the adoption of government
revenue targets to finance development, sustainable regulatory and customs
frameworks, and responsible mineral sourcing supply chain due diligence, and recalls
in this regard its resolutions 2457 (2019) and 2389 (2017);
14. Calls for joint operations by the FARDC and MONUSCO, that include
joint planning and tactical cooperation, in accordance with MONUSCO ’s mandate
and the United Nations HRDDP, to ensure all efforts possible are being made to
neutralize armed groups and stresses the need to carry out operations in strict
compliance with international law, including international humanitarian law and
international human rights law, as applicable;
15. Calls on the Government of the DRC to take further military action and to
enhance non-military approaches, including tailored Disarmament, Demobilisation
and Reintegration (DDR) initiatives, in accordance with international law, including
international humanitarian law and international human rights law, as applicable, in
coordination and with the support of MONUSCO in accordance with its mandate, to
end the threat posed by domestic and foreign armed groups operating in eastern DRC,
further calls on the Government of the DRC and other signatories to implement the
provisions of the PSC Framework related to the root causes of conflict in order to put
an end to the recurring cycle of violence;
16. Welcomes the renewed commitment of all the signatory states of the PSC
Framework towards its full implementation, reaffirms that the PSC Framework
remains an essential mechanism to achieve durable peace and stability in the DRC
and the Region, and stresses in this regard the importance of the signatory States fully
implementing their national and regional commitments under the PSC Framework,
including not interfering in the internal affairs of neighbouring countries, neither
tolerating nor providing assistance or support of any kind to armed groups, and neither
harbouring nor providing protection of any kind to persons accused of war crimes,
crimes against humanity or acts of genocide;
17. Welcomes the preliminary actions taken by President Tshisekedi to
advance security sector reform, and encourages further action in that regard, and calls
on the Government of the DRC, which has the primary responsibility for safeguarding
the DRC’s sovereignty and territorial integrity, to make further meaningful progress
in implementing its commitments under the PSC Framework, in particular as regards
the consolidation of State authority, reconciliation, tolerance and democracy, and to
remain fully committed to protecting the civilian population through the swift
establishment of professional, accountable and sustainable security forces, the
deployment of an accountable Congolese civil administration, in particular the police,
judiciary, prison and territorial administration and the consolidation of rule of law
and promotion and protection of human rights;
18. Calls upon the Government of the DRC to take further steps in particular
to uphold its national commitments to Security Sector Reform (SSR), and to readjust
its national approach towards DDR, ensuring accountability and the protection of
children’s rights is an integral part of those processes, and notes with concern the
limited progress in those fields essential for the DRC’s stabilisation to date;
19. Encourages the Government of the DRC to initiate a strategic shift on
DDR away from static demobilisation structures to a more flexible approach, in order
to effectively attract combatants willing to demobilize into tailored DDR initiatives
and transition into a peaceful civilian life with sustainable economic alternatives and
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opportunities, further encourages the government and international partners to
allocate adequate resources to its DDR initiatives, acknowledges that the absence of
a credible DDR process adjusted to current armed groups dynamics is preventing
armed elements from laying down their weapons;
20. Calls for continued national efforts to address the threat posed by the illicit
transfer, destabilizing accumulation and misuse of small arms and light weapons,
including inter alia through ensuring the safe and effective management, storage and
security of their stockpiles of weapons and ammunition, with the continued support
of MONUSCO, as appropriate and within existing resources;
MONUSCO’s mandate
21. Decides to extend until 20 December 2019 the mandate of MONUSCO in
the DRC, including, on an exceptional basis and without creating a preced ent or any
prejudice to the agreed principles of peacekeeping, its Intervention Brigade, and
expresses its intention to further adjust MONUSCO’s mandate following the
publication of the Secretary General’s strategic review pursuant to paragraph 45 of
this resolution;
22. Decides that MONUSCO’s authorized troop ceiling will be comprised of
16,215 military personnel, 660 military observers and staff officers, 391 police
personnel, and 1,050 personnel of formed police units;
23. Decides that the strategic priorities of MONUSCO are to contribute to the
following objectives:
(a) Protection of civilians, as described in paragraph 29(i) of this resolution;
(b) Support to the stabilisation and strengthening of State institutions in the
DRC and key governance and security reforms, as described in paragraph 29(ii) of
this resolution;
24. Stresses that MONUSCO’s mandate should be implemented based on a
prioritization of tasks established in paragraphs 29 to 40 of this resolution, and further
requests the Secretary-General to reflect this prioritization in the deployment of the
mission and to align budgetary resources according to the prioritization of mandate
tasks as set out in this resolution, while ensuring appropriate resources for the
implementation of the mandate, and, in this regard, reaffirms that the protection of
civilians must be given priority in decisions about the use of available capacity and
resources, welcomes in that regard the implementation of MONUSCO’s
comprehensive approach to protection of civilians, in particular through a civilianled, mission-wide approach, including the use of integrated Mobile Monitoring
Teams;
25. Notes that drivers behind different armed groups’ activities and militia
violence are varied, internal and external, and that there is no purely military solution
to these problems, underlines the importance of enhanced political and conflict
analysis to inform comprehensive military and civil responses to these threats across
MONUSCO, including through collecting, analysing and exchanging information at
the proper levels and with the Government of the DRC on the criminal networks
which support these armed groups, as well as through supporting the DRC authorities
to hold accountable those responsible for violations of internationa l humanitarian law
or violations and abuses of human rights, and further underlines the need for tailored
responses in tackling armed groups;
26. Notes that the elimination of the threat posed by armed groups will require
an integrated and regional approach and strong political engagement by the
governments of DRC and the region, with the support of MONUSCO and the Special
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Envoy for the Great Lakes, and stresses the need for coordination and cooperation
between the Government of the DRC and other national authorities, United Nations
entities, civil society organisations and development actors to build and sustain peace,
stabilize, improve security situation and assist in restoration of State authority;
27. Urges MONUSCO to work with the Office of the Special Envoy for the
Great Lakes to seek political solutions to stop the cross-border flows of armed
combatants, arms and conflict minerals that threaten pe ace and stability in the DRC,
by coordinating strategies and conducting information-sharing;
28. Authorizes MONUSCO, in pursuit of its mandated tasks, to take all
necessary measures to carry out its mandate and requests the Secretary-General to
immediately inform the Security Council should MONUSCO fail to do so;
29. Decides that the mandate of MONUSCO shall include the following
priority tasks, bearing in mind that these tasks as well as those in paragraph 30 below
are mutually reinforcing, and that all MONUSCO’s tasks should be implemented in
a manner consistent with respect for human rights and fundamental freedoms:
(i) Protection of civilians
(a) Ensure effective, dynamic and integrated protection of civilians under
threat of physical violence through a comprehensive approach, including by
preventing, deterring, and stopping all armed groups and local militias from inflicting
violence on the populations, in consultation with local communities, and by
supporting and undertaking local mediation efforts to prevent escalation of violence,
paying particular attention to civilians gathered in displaced persons and refugee
camps, peaceful demonstrators, humanitarian personnel and human rights defenders,
in line with the basic principles of peacekeeping and with a focus on violence
emerging from any of the parties engaged in the conflict, outbreaks of violence
between ethnic or religious rival groups or communities in identified territories, as
well as in the context of elections, and mitigating the risk to civilians before, during
and after any military operation;
(b) Work with the Government of the DRC and humanitarian workers to
identify threats to civilians and implement existing prevention and response plans and
strengthen civil-military cooperation, including joint planning, to ensure the
protection of civilians from abuses and violations of human rights and violations of
international humanitarian law, including all forms of sexual and gender -based
violence and violations and abuses committed against children and persons with
disabilities, and requests MONUSCO to accelerate the coordinated implementation
of monitoring, analysis and reporting arrangements on sexual violence in conflict and
to continue to ensure the effectiveness of the monitoring and reporting mechanism on
children and armed conflict;
(c) Enhance its interaction with civilians, including by the troops, to raise
awareness and understanding about its mandate and activities, to strengthen its early
warning mechanism, and to increase its efforts to monitor and document violations of
international humanitarian law and violations and abuses of human rights; and
continue and strengthen local community engagement and empowerment, as well as
strengthening protection of civilians through early warning and response, including
prevention, as appropriate, and by ensuring mobility of the mission;
(d) Neutralize armed groups through the Intervention Brigade, under direct
command of MONUSCO Force commander: in support of the authorities of the DRC,
on the basis of information collection and analysis, and taking full account of the need
to protect civilians and mitigate risk before, during and after any military operation,
carry out targeted offensive operations in the DRC through the Intervention Briga de
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with the support of the whole of MONUSCO, either unilaterally or jointly with the
FARDC, in a robust, highly mobile and versatile manner and in strict compliance with
international law, including international humanitarian law, and in accordance with
the standing operating procedures applicable to persons who are captured or who
surrender, and with the United Nations HRDDP, prevent the expansion of all armed
groups, neutralize these groups, and disarm them in order to contribute to the
objective of reducing the threat posed by armed groups to state authority and civilian
security in the DRC and to make space for stabilisation activities, and for the whole
of MONUSCO force component to guarantee effective protection of civilians,
including in support of operations conducted by the Intervention Brigade to neutralize
armed groups and in areas where armed groups have been neutralized;
(e) Provide good offices, advice and assistance to enable the Government of
the DRC to facilitate the prevention, mitigation, and resolution of intercommunal
conflicts through, inter alia, mediation and community engagement, and to ensure
actions against armed groups are supported by civilian and police components as part
of consolidated planning which provides a comprehensive re sponse to area-based
stabilisation efforts;
(f) Work with the authorities of the DRC, leveraging the capacities and
expertise of the UN Police, the UN Prosecution Support Cell, UNJHRO and other
MONUSCO Justice components, to investigate and prosecute, all those allegedly
responsible for genocide, war crimes and crimes against humanity and violations of
international humanitarian law and violations or abuses of human rights in the
country, including through cooperation with States of the region and the ICC,
following the decision made by the Prosecutor of the ICC in June 2004 to open,
following the request of the Government of the DRC, an investigation into alleged
crimes committed in the context of armed conflict in the DRC since 2002;
(g) Provide good offices, advice and support to the Government of the DRC
to promote human rights, in particular civil and political rights, and to fight impunity,
including through the implementation of the Government ’s “zero tolerance policy”
with respect to discipline and human rights and international humanitarian law
violations, committed by elements of the security sector, and to engage and facilitate
mediation efforts at local level to advance sustainable peace;
(ii) Support to stabilisation and the strengthening of State institutions in the
DRC, and key governance and security reforms
(a) Provide technical and political support, including through good offices and
engagement with interlocutors across the political spectrum, including the
Government, opposition parties, local authorities and civil society, in coordination
with regional and international partners, with a view to furthering reconciliation,
democratisation and inclusion, and to promote intercommunal reconciliation,
including by undertaking local dialogues on community security, with a view to
addressing the root causes of conflict;
(b) Provide coordination between the Government of the DRC, international
partners and United Nations agencies in a targeted, sequenced and coordinated
approach to stabilisation informed by up to date conflict analysis, through the
implementation of the International Security and Stabilisation Support Strategy
(ISSSS) and adoption of a conflict-sensitive approach across the Mission, in order to
establish functional, professional, and accountable state institutions, including
security and judicial institutions; in that regard, provide expertise, advice and training
to the Congolese security forces to strengthen their capacity, in particular through
human rights training and through continued implementation of the Integrated
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Operational Strategy for the Fight Against Insecurity, developed by MONUSCO
police, in compliance with the United Nations HRDDP;
(c) Monitor, report immediately to the Security Council, and follow-up on
human rights violations and abuses and violations of international humanitarian law
to report on restrictions on political space and violence, including in the context of
the elections, and support the United Nations system in-country to ensure that any
support provided by the United Nations shall be consistent with international
humanitarian law and human rights law and refugee law as applicable;
(d) Provide technical assistance to the government of the DRC in the
consolidation of an effective national civilian structure that controls key mining
activities and manages in an equitable manner the extraction, transport, and trade of
natural resources in eastern DRC;
(iii) Protection of the United Nations
Ensure the protection of United Nations personnel, facilities, installations and
equipment and the security and freedom of movement of United Nations and
associated personnel;
30. Further authorizes MONUSCO to pursue the following tasks, in a
streamlined and sequenced manner, and in support of the strategic priorities identified
above:
(i) Disarmament, demobilisation, reintegration (DDR)
(a) Provide good offices, advice and assistance to the Government of the
DRC, in close cooperation with other international partners, in the DDR of Congolese
combatants not suspected of genocide, war crimes, crimes against humanity or abuses
of human rights, into a peaceful civilian life in line with a Community Violence
Reduction (CVR) approach through community-based security and stabilisation
measures and flexible disarmament and demobilisation approach, coordinated under
the framework of the ISSSS, while paying specific attention to the needs of children
formerly associated with armed forces and groups;
(b) Advise and support the DRC authorities in the disposal of weapons and
ammunitions of disarmed Congolese and foreign combatants in compliance with
resolution 2424 (2018) as well as applicable international arms control treaties,
including the Nairobi Protocol of which the DRC is signatory party and the Kinshasa
Convention;
(c) Provide support to the disarmament, demobilisation, repatriation,
resettlement and reintegration (DDRRR) process to return and reintegrate foreign
combatants not suspected of genocide, war crimes, crimes against humanity or abuses
of human rights and their dependants to a peaceful civilian life in their country of
origin, or a receptive third country while paying specific attention to the needs of
children formerly associated with armed forces and groups;
(d) Continue to collaborate with the Government of the DRC in the swift and
vigorous implementation of the Action Plan to Prevent and end the Recruitment and
Use of Children and Sexual Violence by the FARDC, and continue dialogue with all
listed parties to obtain further commitments and work towards the development and
implementation of action plans to prevent and end violations and abuses against
children;
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(ii) Security Sector Reform (SSR)
Work with the Government of the DRC:
(a) in the reform of the police, including by assisting the Comité de réforme
de la police, and by advocating for the establishment of the Secrétariat Général à la
sécurité et à l’ordre public that will coordinate security institutions with a law
enforcement mission;
(b) to encourage inclusive SSR, which delivers security, law enforcement and
justice to all, including to women and children, and persons in vulnerable situation,
and accelerate national ownership of SSR by the Government of the DRC, including
through the development of a common national vision, to be encapsulated in a
national security policy, as well as a clear and comprehensive SSR implementation
roadmap including benchmarks and timelines, and play a leading role in coordinating
the support for SSR provided by international and bilateral partners and the United
Nations system;
(c) in compliance with the United Nations HRDDP, for army reform that
would enhance its accountability, efficiency, self-sustainability, training, vetting and
effectiveness, while noting that any support provided by the United Nations,
including in the form of rations and fuel, should be only for joint operations, jointly
planned and executed, and subject to appropriate oversight and scrutiny, failing which
that support should be suspended;
(d) for the implementation of any appropriate recommendations for justice
and prison sector reforms as contained in the National Justice Reform Plan and the
final report of the Etats généraux de la Justice, including on the fight against impu nity,
for genocide, war crimes and crimes against humanity, in order to develop
independent, accountable and functioning justice and security institutions;
(iii) Sanctions regime
Monitor the implementation of the arms embargo as described in paragraph 1 of
resolution 2293 (2016) in cooperation with the Group of Experts established by
resolution 1533 (2004), and in particular observe and report on flows of military
personnel, arms or related materiel across the eastern border of the DRC, including
by using, as specified in the letter of the Council dated 22 January 2013 (S/2013/44),
surveillance capabilities provided by unmanned aerial systems, seize, collect, record
and dispose of arms or related materiel brought into the DRC in violation of the
measures imposed by paragraph 1 of resolution 2293 (2016), and exchange relevant
information with the Group of Experts;
Child protection
31. Requests MONUSCO to take fully into account child protection as a crosscutting issue throughout its mandate and to assist the Government of the DRC in
ensuring that the protection of children’s rights is taken into account, inter alia, in
DDR processes and in SSR as well as during interventions leading to the separation
of children from armed groups in order to end and prevent violations and abuses
against children, and acknowledges the crucial role of United Nations Child
Protection Advisers deployed as a standalone capacity in MONUSCO in that regard;
Gender, Sexual Violence, Sexual Exploitation and Abuse
32. Requests MONUSCO to take fully into account gender considerations as
a crosscutting issue throughout its mandate and to assist the Government of the DRC
and other relevant stakeholders in ensuring the equal and meaningful participation
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and full involvement and representation of women at all levels for the maintenance
and promotion of peace and security, including in the conduct of elections, protection
of civilians and support to stabilisation efforts through, inter alia, the provision of
gender and women protection advisers and focal points at headquarters and field
levels, participation of women civil society organization members with regards to
conflict prevention and resolution, and further requests enhanced reporting by
MONUSCO to the Council on this issue;
33. Acknowledges the crucial role of United Nations Women Protection
Advisers deployed in MONUSCO in supporting the Government of the DRC to
implement its commitments on addressing sexual violence in conflict and calls on
MONUSCO to ensure they continue to work closely with the Government of the DRC
at both strategic and operational levels;
34. Requests MONUSCO to ensure that any support provided to national
security forces is in strict compliance with the United Nations HRDDP, and calls upon
the Government of the DRC to work with MONUSCO to support the promotion of
DRC security service personnel with reputable human rights records;
35. Recalls its Presidential statement S/PRST/2015/22 and its resolution 2272
(2016), reiterates the urgent and imperative need to hold accountable all perpetrators
of violations of international humanitarian law, as well as sexual exploitation and
abuse, requests the Secretary-General to take the necessary measures to ensure full
compliance of all personnel in MONUSCO with the United Nations zero-tolerance
policy on sexual exploitation and abuse and to keep the Council fully informed
through his reports to the Council about the Mission’s progress in this regard, and
urges T/PCCs to continue taking appropriate preventative action including vetting of
all personnel, predeployment and in-mission awareness training, and to ensure full
accountability in cases of such conduct involving their personnel through timely
investigation of allegations by T/PCCs and MONUSCO, as appropriate;
Humanitarian Access
36. Demands that all parties allow and facilitate the full, safe, immediate and
unhindered access of humanitarian personnel, equipment and supplies and the timely
delivery of humanitarian assistance to populations in need, in particular to internally
displaced persons, throughout the territory of the DRC, respecting the United Nations
guiding principles of humanitarian assistance, including humanity, impartiality,
neutrality and independence, and relevant provisions of international law;
37. Calls on MONUSCO to strengthen its collaboration with humanitarian
actors and streamline coordination mechanisms with humanitarian agencies to ensure
information sharing on protection risks to the population;
38. Emphasizes the importance of maintaining international support and
engagement – financially, technically and in-kind – to bring the Ebola outbreak
successfully to an end; requests all relevant parts of the United Nations System to
continue their work in response to the Ebola outbreak, and notes the important
positive role of MONUSCO in that regard;
39. Calls on all Member States to generously contribute to the United Nations
humanitarian appeals for the DRC and the region to help ensure that United Nations
humanitarian agencies and other international organizations are fully funded and able
to address the protection and assistance needs of internally displaced persons,
survivors of sexual violence, and other vulnerable communities;
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Support to the Group of Experts
40. Expresses its full support to the United Nations Group of Experts
established by resolution 1533 (2004), calls for enhanced cooperation between all
States, particularly those in the region, MONUSCO and the Group of Experts,
encourages timely information exchange between MONUSCO and the Group of
Experts, further encourages all parties and all States to ensure cooperation with the
Group of Experts by individuals and entities within their jurisd iction or under their
control and reiterates its demand that all parties and all States ensure the safety of its
members and its support staff, and unhindered and immediate access, in particular to
persons, documents and sites the Group of Experts deems relevant to the execution
of its mandate;
Mission effectiveness
41. Recalls the provisions set forth in paragraph 47 to 52 of resolution 2409
(2018), welcomes the initiatives undertaken by the Secretary-General to standardize
a culture of performance in UN peacekeeping, and reaffirms its support, as set out in
OP1 of resolution 2436 (2018), for the development of a comprehensive and
integrated performance policy framework that identifies clear standards of
performance for evaluating all United Nations civilian and uniformed personnel
working in and supporting peacekeeping operations that facilitates effective a nd full
implementation of mandates, and includes comprehensive and objective
methodologies based on clear and well-defined benchmarks to ensure accountability
for underperformance and incentives and recognition for outstanding performance,
and calls on him to apply it to MONUSCO, as described in resolution 2436 (2018);
42. Requests MONUSCO to consider the environmental impacts of its
operations when fulfilling its mandated tasks and, in this context, to m anage them as
appropriate and in accordance with applicable and relevant General Assembly
resolutions and United Nations rules and regulations;
43. Requests the Secretary General to implement a zero-tolerance policy on
serious misconduct, sexual exploitation and abuse, fraud, corruption, trafficking in
natural resources or wildlife, including by making full use of the existing authority of
the SRSG to ensure accountability of the Mission’s staff and through effective
mission support arrangement;
Strategic review and exit strategy
44. Underscores the need to progressively transfer MONUSCO’s tasks to the
Government of the DRC, the UNCT and other relevant stakeholders in order to enable
the responsible and sustainable exit of MONUSCO, based on the positiv e evolution
of the situation on the ground, and in a way that contributes to sustainable progress
towards the stabilization of the DRC, consolidation of State authority and reduction
of the threat posed by armed groups;
45. Requests in this regard, the Secretary-General, in accordance with best
practices, to conduct and provide the Security Council, no later than 20 October 2019,
with an independent strategic review of MONUSCO assessing the continued
challenges to peace and security in the DRC and articula ting a phased, progressive
and comprehensive exit strategy, including:
(i) An assessment, in consultation with the Government of DRC, UN
agencies, member States, regional organisations and independent experts of the
continued relevance of all mandated tasks, priorities and related resources;
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(ii) Recommendations, devised in consultation with the Government of DRC,
UN agencies, member States, regional organisations and independent experts,
for realistic, relevant and clearly measurable benchmarks and indicators, as well
as indicative timelines for implementation, focused on increasing the capacity
of the Government of the DRC and UNCT to enable them to absorb former
MONUSCO tasks;
(iii) Options for adapting MONUSCO’s future configuration of its civilian,
police and military components, including by reducing MONUSCO’s Force and
civilian footprint in line with MONUSCO’s priorities during the implementation
of the exit strategy and benchmarks and indicators;
Reports by the Secretary-General
46. Requests the Secretary-General to report to the Council every three months
on the implementation of MONUSCO’s mandate, including its Intervention Brigade,
as set out in this resolution, including on:
(i) the situation on the ground, including updates on operations to neutralize
armed groups, in accordance with paragraph 29.i.(d), and any instances where
the Mission is not effectively fulfilling its protection of civilians mandate, and
the circumstances surrounding these instances, including, as appropriat e,
incidents where units assert undeclared national caveats, lack effective
command and control, refuse to obey orders, fail to respond to attacks on
civilians, and have inadequate equipment;
(ii) the ways in which MONUSCO is assessing security risks and
implementing its mandate, including in terms of deployment of the Force in
areas identified as potential zones of instability and configuration of civilian
and police components of MONUSCO, and addressing sexual violence and the
impact of conflict on women and children using disaggregated data, and any
gender considerations made;
(iii) progress made by the DRC on protecting human rights and in the
implementation of its commitments under the PSC Framework, including
through the establishment and implementation of a national SSR roadmap, its
provincial stabilisation plan supported by the ISSSS and on the implementation
of the DDR and DDRRR plans;
(iv) progress in the implementation of the measures taken to transform
MONUSCO and improve its performance, including measures to ensure
Mission effectiveness as outlined in paragraphs 41 to 43, steps taken to prevent
and redress performance failures, the effectiveness of the deployment of rapidly
deployable battalions and the effects of the employment of the Interv ention
Brigade’s capabilities, implementation of the comprehensive approach to
protection of civilians, to become more mobile, efficient and effective in
implementing its mandate and associated requirements, and on the definition of
an exit strategy for MONUSCO, including the Intervention Brigade;
(v) the risks and their implications for the safety and the security for the
United Nations personnel and facilities as a result of the possible military
operations as well as all instances of threats against MON USCO personnel, and
measures taken to strengthen their security and mitigate risks;
(vi) the performance of all MONUSCO units in accordance with the
Operational Readiness Assurance and Performance Improvement Policy and the
Secretary General zero-tolerance policy on Sexual violence and abuse,
including on the percentage of MONUSCO contingents who have satisfied the
requirements of the these reviews, the status of any remediation action to
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address contingents who have not satisfied requirements, and detaili ng plans to
address contingents where remediation is not deemed appropriate, as certified
by the Force Commander;
47. Requests the Secretary-General to report to the Security Council every six
months, in coordination with the Secretary-General’s Special Envoy for the Great
Lakes Region and the SRSG for the DRC on the implementation of the commitments
under the PSC Framework and its linkages with the broader security situation in the
Great Lakes Region;
48. Decides to remain actively seized of the matter.
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