United Nations Security Council Resolution 2738 – The situation concerning the Democratic Republic of the Congo

Resolution 2738 (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,

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 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.

Adopted by the Security Council at its 9671st meeting, on 27 June 2024.