S/RES/2738(2024) SC
Security Council resolution 2738 (2024) [on renewal of measures on arms embargo against the Democratic Republic of the Congo imposed by Security Council resolution 2293 (2016) until 1 July 2025 and extension of the mandate of the Group of Experts Established pursuant to Resolution 1533 (2004) until 1 Aug. 2025]
79
Session
15
Yes
0
No
0
Abstentions
| Draft symbol | S/2024/501 |
|---|---|
| Adopted symbol | S/RES/2738(2024) |
| Category | Peace and security |
| UN Document | S/RES/2738(2024) ↗ |
Vote Recorded Vote — S/PV.9671
Full text of resolution
United Nations S/RES/2738 (2024)
Security Council Distr.: General
27 June 2024
Resolution 2738 (2024)
Adopted by the Security Council at its 9671st meeting, on
27 June 2024
The Security Council,
Recalling its previous resolutions and the statements of its President concerning
the Democratic Republic of the Congo (DRC),
Reaffirming its strong commitment to the sovereignty, independence, unity and
territorial integrity of the DRC as well as all States in the region and emphasising the
need to respect fully the principles of non-interference, good neighbourliness and
regional cooperation,
Taking note of the final report (S/2024/432) of the Group of Experts on the DRC
(“the Group of Experts”) established pursuant to resolution 1533 (2004) and extended
pursuant to resolutions 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021
(2011), 2078 (2012), 2136 (2014), 2198 (2015), 2293 (2016), 2360 (2017) 2424
(2018), 2478 (2019), 2528 (2020), 2582 (2021), 2641 (2022), and 2688 (2023),
Reaffirming its concern at the continued presence of domestic and foreign armed
groups in eastern DRC as expressed in Press Statements SC/15654 agreed on 5 April
2024, and SC/15739 agreed on 20 June 2024, and the suffering they impose on the
civilian population of the country, including from international humanitarian law
violations and human rights violations and abuses, and at reported links between the
ADF and terrorist networks, which may further exacerbate conflicts and contribute to
undermining State authority, further expressing concern at the continued illegal
exploitation and trade of natural resources, which enable these armed groups to
operate, strongly condemning support of any kind to armed groups, reaffirming its
support to national and regional efforts to promote peace and stability in the DRC and
the Region, and calling on all signatory States to fully implement their commitments
per the Peace and Security Framework for the DRC and the Region,
Welcoming efforts by the Government of the DRC towards ensuring
accountability, reiterating the need for the Government of the DRC to fully
investigate the killing of the two members of the Group of Experts and the four
Congolese nationals accompanying them and bring those responsible to justice,
welcoming the work of the United Nations team, known as the Follow-On
Mechanism, which is assisting the Congolese authorities in their investigations, in
agreement with the Congolese authorities,
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S/RES/2738 (2024)
Reiterating that the armed and security forces of the Government of the DRC
are exempt from the embargo on the supply of military equipment and assistance as
indicated in SC/15689 agreed on 2 May 2024, and from any notification procedure as
set out in paragraphs 1 and 2 below,
Stressing the importance of enhancing the safe and effective management,
storage and security of stockpiles of weapons and ammunition, including to reduce
the risk of diversion to armed groups of source materials for improvised explosive
devices, calling for continued efforts by the Government of the DRC and encouraging
the United Nations and international partners to increase their support to the
Government of the DRC in this regard,
Stressing that the measures imposed by this resolution are not intended to have
adverse humanitarian consequences for the civilian population of the DRC and
recalling resolution 2664 (2022),
Recognizing the need to safeguard due process, and to ensure fair and clear
procedures for delisting individuals and entities designated pursuant to resolution
1533 (2004) as amended,
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,
1. Decides to renew until 1 July 2025 the measures as set out in paragraphs 1
to 6 of resolution 2293 (2016), including its reaffirmations therein, with the exception
of paragraph 5 of resolution 1807 (2008), including with respect to paragraph 3 (c) of
resolution 2293 (2016) for which there is no longer a notification requirement;
2. Affirms that paragraph 1 of this resolution is consistent with paragraphs 1
and 2 of resolution 2667 (2022) and that the measures set forth in paragraph 1 of
resolution 1807 (2008) continue to apply to all non-governmental entities and
individuals operating in the territory of the DRC;
3. Reaffirms that measures described in paragraph 5 of resolution 2293
(2016) shall apply to individuals and entities as designated by the Committee, as set
forth in paragraph 7 of resolution 2293 (2016), paragraph 3 of resolution 2360 (2017),
paragraph 3 of resolution 2582 (2021) and paragraph 3 of resolution 2641 (2022) and
recalls paragraph 1 of resolution 2664 (2022);
4. Demands that States ensure that all measures taken by them to implement
this resolution comply with their obligations under international law, including
international humanitarian law, international human rights law and international
refugee law, as applicable;
5. Decides to extend until 1 August 2025 the mandate of the Group of
Experts, as set forth in paragraph 6 of resolution 2360, expresses its intention to
review the mandate and take appropriate action regarding the further extension no
later than 1 July 2025, requests the Secretary-General to take the necessary
administrative measures as expeditiously as possible to re-establish the Group of
Experts, in consultation with the Committee, drawing, as appropriate, on the expertise
of the members of the Group established pursuant to previous resolutions and
reaffirms the importance of ensuring the safety and security of the members of the
Group of Experts;
6. Calls for enhanced cooperation between all States, particularly those in
the region, and the Group of Experts and requests the Group of Experts to provide to
the Council, after discussion with the Committee, a mid-term report no later than
30 December 2024, and a final report no later than 15 June 2025, as well as submit
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monthly updates to the Committee, except in the months where the mid-term and final
reports are due;
7. Reaffirms the reporting provisions as set out in resolutions 2360 (2017)
and 2478 (2019);
8. Recalls the Guidelines of the Committee for the Conduct of its Work as
adopted by the Committee on 6 August 2010, and calls on Member states to use, as
appropriate, the procedures and criteria therein, including on the issues of listing and
delisting and recalls resolution 1730 (2006) in that regard;
9. Recalls the Secretary General’s commitment that the United Nations will
do everything possible to ensure that the perpetrators of the killing of the two
members of the Group of Experts and the four Congolese nationals accompanying
them are brought to justice and stresses the importance of a continued deployment by
the Secretary General of the Follow-on Mechanism, currently comprising a senior
United Nations official, four technical experts and support staff, to the Democratic
Republic of the Congo to assist with the national investigation, within existing
resources;
10. Decides to remain seized of the matter.
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