United Nations Security Council Resolution 1925 – Democratic Republic of the Congo

Resolution 1925 (2010)

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo,

Reaffirming its commitment to the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo,

Acknowledging the progress made in the Democratic Republic of the Congo, considering the challenges it has had to overcome during the past 15 years,

Stressing the primary responsibility of the Government of the Democratic Republic of the Congo for ensuring security in its territory and protecting its civilians with respect for the rule of law, human rights and international humanitarian law, stressing the urgency of implementing comprehensive security sector reform and of achieving as appropriate the disarmament, demobilization, reintegration (DDR) of Congolese armed groups, and the disarmament, demobilization, repatriation, resettlement and reintegration (DDRRR) of foreign armed groups for the long-term stabilization of the Democratic Republic of the Congo, considering the need to create the security conditions for ensuring sustainable economic development, and stressing the importance of the contribution made by international partners in these fields,

Stressing the significant security challenges in the Democratic Republic of the Congo, in particular in the Kivus and Orientale Province, posed by the continued presence of armed groups, the ongoing need to establish effective State authority, the possible resurgence of conflicts as internally displaced persons and refugees return and the continued illegal exploitation of natural resources, and determined to avoid a security vacuum that could trigger renewed instability in the country,

Encouraging the countries of the Great Lakes region to maintain a high level of commitment to jointly promote peace and stability in the region, including through existing regional mechanisms, and to intensify their efforts on regional economic development,

Stressing that the Goma and Nairobi processes as well as the 23 March 2009 Agreements have contributed to stabilize the situation in the eastern part of the Democratic Republic of the Congo, and urging all parties to fully abide by these agreements,

Recognizing the importance of supporting peacebuilding efforts in order to consolidate and achieve further progress in the stabilization of the country, and stressing the need for sustained international support to ensure early recovery activities and lay the foundations for sustainable development,

Emphasizing that the linkage between the illicit exploitation and trade of natural resources and the proliferation and trafficking of arms is among the major factors fuelling and exacerbating conflicts in the Great Lakes region, urging all States, particularly those in the region, to implement fully the measures set out by its resolution 1896 (2009), reiterating its determination to continue to closely monitor the implementation and compliance with the measures set out by the resolution 1896 (2009), and urging all States to take legal action where appropriate in accordance with these measures against the Forces Démocratiques de Libération du Rwanda (FDLR) leaders residing in their countries, Supporting the efforts of the Government to finalize the electoral calendar for local, general and presidential elections within the constitutional framework, with a view to consolidate democracy and promote the rule of law,

Remaining greatly concerned by the humanitarian and human rights situation in areas affected by armed conflicts, condemning in particular the targeted attacks against the civilian population, widespread sexual violence, recruitment and use of child soldiers and extrajudicial executions, and stressing the urgent need for the Government of the Democratic Republic of the Congo, in cooperation with the United Nations and other relevant actors, to end violations of human rights and international humanitarian law, fight impunity and bring the perpetrators to justice and provide medical, humanitarian and other assistance to victims,

Welcoming the commitments made by the Government of the Democratic Republic of the Congo to hold accountable those responsible for atrocities in the country, noting the cooperation of the Government of the Democratic Republic of the Congo with the International Criminal Court, and stressing the importance of actively seeking to hold accountable those responsible for war crimes and crimes against humanity in the country and of regional cooperation to this end,

Recalling its resolutions 1325 (2000) and 1888 (2009) on women, peace and security, its resolution 1894 (2009) on the protection of civilians in armed conflicts, and its resolution 1882 (2009) on children and armed conflict, and recalling the conclusions of the Security Council Working Group on Children and Armed Conflict pertaining to parties in the armed conflict of the Democratic Republic of the Congo,

Condemning all attacks against United Nations peacekeepers and humanitarian personnel, regardless of their perpetrators, and emphasizing that those responsible for such attacks must be brought to justice,

Commending the valuable contribution that the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) has made to the recovery of the Democratic Republic of the Congo from conflict and to the improvement of the country’s peace and security,

Emphasizing the importance of the continued support of the United Nations and the international community for the long-term security and development of the Democratic Republic of the Congo,

Having considered the report of the Secretary General of 1 April 2010, and sharing the view that the Democratic Republic of the Congo is now entering a new phase of its transition towards peace consolidation and that a strong partnership between the United Nations and the Government of the Democratic Republic of the Congo to face these challenges is needed,

Aware of the persistent challenges to the stability of the Democratic Republic of the Congo and determining that the situation in the Democratic Republic of the Congo continues to pose a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides to extend the mandate of MONUC until 30 June 2010 and further decides that, in view of the new phase that has been reached in the Democratic Republic of the Congo, the United Nations mission in that country, MONUC, shall, as from 1 July 2010, bear the title of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO);

2. Decides that MONUSCO shall be deployed until 30 June 2011 and authorizes that MONUSCO shall comprise, in addition to the appropriate civilian, judiciary and correction components, a maximum of 19,815 military personnel, 760 military observers, 391 police personnel and 1,050 personnel of formed police units;

3. Authorizes the withdrawal of up to 2000 United Nations military personnel by 30 June 2010 from areas where the security situation permits;

4. Authorizes MONUSCO, while concentrating its military forces in the east of the country, to keep a reserve force capable of redeploying rapidly elsewhere in the country;

5. Emphasizes that the Government of the Democratic Republic of the Congo bears primary responsibility for security, peacebuilding and development in the country, and encourages the Government of the Democratic Republic of the Congo to remain fully committed to protecting the population through the establishment of professional and sustainable security forces, to promote non-military solutions as an integral part of the overall solution for reducing the threat posed by Congolese and foreign armed groups and to restore full State authority in the areas freed from armed groups;

6. Decides that future reconfigurations of MONUSCO should be determined on the basis of the evolution of the situation on the ground and on the achievement of the following objectives to be pursued by the Government of the Democratic Republic of the Congo and the United Nations mission:

(i) the completion of the ongoing military operations in the Kivus and Orientale Province, resulting in minimizing the threat of armed groups and restoring stability in sensitive areas,

(ii) an improved capacity of the Government of the Democratic Republic of the Congo to effectively protect the population through the establishment of sustainable security forces with a view to progressively take over MONUSCO’s security role,

(iii) the consolidation of State authority throughout the territory, through the deployment of Congolese civil administration, in particular the police, territorial administration and rule of law institutions in areas freed from armed groups;

7. Encourages enhanced dialogue and partnership between the Government of the Democratic Republic of the Congo and the United Nations mission in this country, decides to keep under continuous review the strength of MONUSCO on the basis of assessments from the Secretary-General and the Government of the Democratic Republic of the Congo as provided to the Secretary-General on progress towards the implementation of the objectives presented in paragraph 6 above and to that end requests the Secretary-General to report on these assessments regularly to the Council, through the reports mentioned in paragraph 20 below, to enable the Council to make informed decisions and seize opportunities for reconfiguration;

8. Commends the improvements in the relationship between the Democratic Republic of the Congo and the neighbouring countries since 2009, calls upon all countries, in particular those in the region, to join their efforts to ensure sustainable peace consolidation in the eastern part of the Democratic Republic of the Congo, notably with regard to paragraph 6 (i) above and the fight against illegal exploitation of natural resources, and urges the Governments of the Democratic Republic of the Congo and Rwanda to continue to work together and to agree on a clear set of end-state objectives on the FDLR, in the framework of a multidimensional approach;

9. Calls upon the United Nations system, along with international partners, to focus its efforts on helping the Government of the Democratic Republic of the Congo to consolidate the conditions to ensure effective protection of civilians and sustainable development in the Democratic Republic of the Congo, requests the Secretary-General to continue to coordinate all the activities of the United Nations system in this country through a continued cooperation between MONUSCO and the United Nations Country Team (UNCT) under the authority of his Special Representative for the Democratic Republic of the Congo and encourages the international and donor community to support the activities of the UNCT;

10. Encourages the UNCT, along with international partners, to support the efforts of the Government of the Democratic Republic of the Congo on peace consolidation and development activities in order to provide long-term stability in the country;

11. Emphasizes that the protection of civilians must be given priority in decisions about the use of available capacity and resources and authorizes MONUSCO to use all necessary means, within the limits of its capacity and in the areas where its units are deployed, to carry out its protection mandate as set out in paragraphs 12 (a) to 12 (k) and 12 (t) below;

12. Decides that MONUSCO shall have the following mandate in this order of priority:

Protection of civilians

(a) Ensure the effective protection of civilians, including humanitarian personnel and human rights defenders, under imminent threat of physical violence, in particular violence emanating from any of the parties engaged in the conflict;

(b) Ensure the protection of United Nations personnel, facilities, installations and equipment;

(c) Support the efforts of the Government of the Democratic Republic of the Congo to ensure the protection of civilians from violations of international humanitarian law and human rights abuses, including all forms of sexual and gender-based violence, to promote and protect human rights and to fight impunity, including through the implementation of the Government’s “zero-tolerance policy” with respect to discipline and human rights and humanitarian law violations, committed by elements of the security forces, in particular its newly integrated elements;

(d) Support national and international efforts to bring perpetrators to justice, including by establishing Prosecution Support Cells to assist the FARDC military justice authorities in prosecuting persons arrested by the FARDC;

(e) Work closely with the Government to ensure the implementation of its commitments to address serious violations against children, in particular the finalization of the Action Plan to release children present in the FARDC and to prevent further recruitment, with the support of the Monitoring and Reporting Mechanism;

(f) Implement the United Nations system-wide protection strategy in the Democratic Republic of the Congo, operationalizing it with MONUSCO’s protection strategy built on best practices and extend useful protection measures, such as the Joint Protection Teams, Community Liaison Interpreters, Joint Investigation Teams, Surveillance Centres and Women’s Protection Advisers;

(g) Support the Government’s efforts, along with international partners and neighbouring countries, to create an environment conducive to the voluntary, safe and dignified return of internally displaced persons and refugees, or voluntary local integration or resettlement;

(h) Support the efforts of the Government of the Democratic Republic of the Congo to bring the ongoing military operations against the FDLR, the Lord’s Resistance Army (LRA) and other armed groups, to a completion, in compliance with international humanitarian, human rights and refugee law and the need to protect civilians, including through the support of the FARDC in jointly planned operations, as set out in paragraphs 21, 22, 23 and 32 of resolution 1906 (2009);

(i) Support, including through its political mediation efforts, the completion of activities of DDR of Congolese armed groups or their effective integration in the army, which would remain subject to prior adequate training and equipment;

(j) Support activities of DDRRR of foreign armed groups members, including the FDLR and the LRA, and support strategies towards a sustainable solution of the FDLR issue, including repatriation, reinsertion or resettlement in other areas, or judicial prosecution as appropriate, with the help of all countries, especially those in the region;

(k) Coordinate strategies with other United Nations missions in the region for enhanced information-sharing in light of the attacks by the LRA and, at the request of the Government of the Democratic Republic of the Congo, may provide logistical support for regional military operations conducted against the LRA in the Democratic Republic of the Congo, in compliance with the international humanitarian, human rights and refugee law and the need to protect civilians;

Stabilization and peace consolidation

(l) Taking fully into account the leading role of the Government of the Democratic Republic of the Congo, support, in close cooperation with other international partners, the efforts of the Congolese authorities to strengthen and reform security and judicial institutions;

(m) In line with the relevant legislation on the reform of the FARDC and the Army Reform Plan presented in January 2010, assist the Government, along with international and bilateral partners, in strengthening its military capacity, including military justice and military police, in particular by harmonizing efforts and facilitating exchanges of information and lessons learned and, as the Government requests it, assist in the training of FARDC and military police battalions, support military justice institutions and mobilize donors to provide equipment and other required resources;

(n) Support the reform of the police led by the Government of the Democratic Republic of the Congo, including by providing training to battalions of the Congolese National Police (PNC) and mobilizing donors to provide basic supplies, recalling the urgent need for the Congolese authorities to adopt the appropriate legal framework;

(o) Develop and implement, in close consultation with the Congolese authorities and in accordance with the Congolese strategy for justice reform, a multi-year joint United Nations justice support programme in order to develop the criminal justice chain, the police, the judiciary and prisons in conflict-affected areas and a strategic programmatic support at the central level in Kinshasa;

(p) Support, in close cooperation with other international partners, the efforts by the Congolese Government to consolidate State authority in the territory freed from armed groups through the deployment of trained PNC, and to develop rule of law institutions and territorial administration, with respect to the Government’s Stabilization and Reconstruction Plan (STAREC) and the International Security and Stabilization Support Strategy (ISSSS);

(q) Provide technical and logistical support for the organization of national and local elections, upon explicit request from the Congolese authorities and within the limits of its capacities and resources;

(r) With respect to the urgent need to fight illegal exploitation and trade of, natural resources in the Democratic Republic of the Congo, support the Government’s efforts and enhance its capabilities, along with international partners and neighbouring countries, to prevent the provision of support to armed groups, in particular support derived from illicit economic activities and illicit trade in natural resources, and consolidate and assess, jointly with the Government of the Democratic Republic of the Congo, the pilot project of bringing together all State services in five trading counters in North and South Kivu in order to improve the traceability of mineral products;

(s) Assist the Government of the Democratic Republic of the Congo in enhancing its demining capacity;

(t) Monitor the implementation of the measures imposed by paragraph 1 of resolution 1896 (2009), in cooperation, as appropriate, with the Governments concerned and with the Group of Experts established by resolution 1533 (2004), seize or collect any arms or related materiel whose presence in Democratic Republic of the Congo violates the measures imposed by paragraph 1 of resolution 1896 (2009) and dispose of them as appropriate, and provide assistance to the competent customs authorities of the Democratic Republic of the Congo in implementing the provisions of paragraph 9 of resolution 1896 (2009);

13. Urges the international community and donors to support MONUSCO in the DDRRR activities referred to in paragraph 12 (j) and calls upon the Government of the Democratic Republic of the Congo and neighbouring States to remain engaged in the process;

14. Calls upon the Government of the Democratic Republic of the Congo to build on its cooperation with the Special Representative of the Secretary-General on Children and Armed Conflicts and the Special Representative of the Secretary-General on Sexual Violence in Conflict;

15. 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 abuses and to keep the Council informed if cases of such conduct occur;

16. Encourages MONUSCO to ensure regular interaction with the civilian population to raise awareness and understanding about its mandate and activities;

17. Calls upon MONUSCO to collect information on potential threats against the civilian population as well as reliable information on violations of international humanitarian and human rights law, and bring them to the attention of the authorities as appropriate;

18. Demands that all armed groups, in particular FDLR and the LRA, immediately cease all forms of violence and human rights abuse against the civilian population in the Democratic Republic of the Congo, in particular gender-based violence, including rape and other forms of sexual abuse;

19. Commends the contribution of troop- and police-contributing countries and donors to MONUC and calls on Member States to pledge and provide the remaining force enablers required for the mission;

20. Requests the Secretary-General to report by 11 October 2010, 21 January 2011 and 13 May 2011 on the progress on the ground, in particular in light of the assessment discussions with the Congolese authorities mentioned in paragraph 7 above, and on the implementation of this resolution with a view to progressively adapting the United Nations presence in the Democratic Republic of the Congo, and recalling the statement of its President of 5 August 2009 (PRST/2009/24), requeststhe Secretary-General to provide in these reports an indication of progress towards achieving a coordinated United Nations approach in-country, and in particular on critical gaps to achieving peacebuilding objectives alongside the mission;

21. Demands that all parties cooperate fully with the operations of MONUSCO and that they ensure the security of as well as unhindered and immediate access for the United Nations and associated personnel in carrying out their mandate, throughout the territory of the Democratic Republic of the Congo, and requests the Secretary-General to report without delay any failure to comply with these demands;

22. Requests the Secretary-General to elaborate the concept of operation and rules of engagement of MONUSCO in line with the provisions of this resolution and to report on this to the Security Council and troop-contributing countries;

23. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 6324th meeting, on 28 May 2010.