United Nations Security Council Resolution 1234 – Situation concerning the Democratic Republic of the Congo
Resolution 1234 (1999)
The Security Council,
Recalling the statements by its President of 31 August 1998(S/PRST/1998/26) and of 11 December 1998 (S/PRST/1998/36),
Expressing its concern at the further deterioration of the situation in theDemocratic Republic of the Congo and the continuation of hostilities,
Expressing its firm commitment to preserving the national sovereignty,territorial integrity and political independence of the Democratic Republic ofthe Congo and all other States in the region,
Recalling that the Assembly of the Heads of State and Government of the Organization of African Unity during its first ordinary session held in Cairofrom 17 to 21 July 1964, adopted in its resolution AHG 16(1) the principle ofthe inviolability of national frontiers of African States, as stated inparagraph 2 of the communiqué of the Central Organ of the OAU Mechanism forConflict Prevention, Management and Resolution issued on 17 August 1998(S/1998/774, annex),
Concerned at reports of measures taken by forces opposing the Government inthe eastern part of the Democratic Republic of the Congo in violation of thenational sovereignty and territorial integrity of the country,
Expressing its concern at all violations of human rights and international humanitarian law in the territory of the Democratic Republic of the Congo,including acts of and incitement to ethnic hatred and violence by all parties tothe conflict,
Deeply concerned at the illicit flow of arms and military matériel in theGreat Lakes region,
Recalling the inherent right of individual or collective self-defence inaccordance with Article 51 of the Charter of the United Nations,
Welcoming the appointment by the Secretary-General of his Special Envoy forthe peace process for the Democratic Republic of the Congo,
Stressing that the present conflict in the Democratic Republic of the Congoconstitutes a threat to peace, security and stability in the region,
- Reaffirms the obligation of all States to respect the territorialintegrity, political independence and national sovereignty of the DemocraticRepublic of the Congo and other States in the region, including the obligationto refrain from the threat or use of force against the territorial integrity orpolitical independence of any State or in any other manner inconsistent with thepurposes of the United Nations, and further reaffirms the need for all States torefrain from any interference in each other’s internal affairs, in accordancewith the Charter of the United Nations;
2. Deplores the continuing fighting and the presence of forces of foreignStates in the Democratic Republic of the Congo in a manner inconsistent with theprinciples of the Charter of the United Nations, and calls upon those States tobring to an end the presence of these uninvited forces and to take immediatesteps to that end;
3. Demands an immediate halt to the hostilities;
4. Calls for the immediate signing of a ceasefire agreement allowing theorderly withdrawal of all foreign forces, the re-establishment of the authorityof the Government of the Democratic Republic of the Congo throughout itsterritory, and the disarmament of non-governmental armed groups in theDemocratic Republic of the Congo, and stresses, in the context of a lastingpeaceful settlement, the need for the engagement of all Congolese in an all-inclusive process of political dialogue with a view to achieving nationalreconciliation and to the holding on an early date of democratic, free and fairelections, and for the provision of arrangements for security along the relevantinternational borders of the Democratic Republic of the Congo;
5. Welcomes the intention of the Government of the Democratic Republic ofthe Congo to hold an all-inclusive national debate as a precursor to elections,and encourages further progress in this respect;
6. Calls upon all parties to the conflict in the Democratic Republic ofthe Congo to protect human rights and to respect international humanitarian law,in particular, as applicable to them, the Geneva Conventions of 1949 and theAdditional Protocols of 1977, and the Convention on the Prevention andPunishment of the Crime of Genocide of 1948;
7. Condemns all massacres carried out on the territory of the DemocraticRepublic of the Congo and calls for an international investigation into all suchevents, including those in the province of South Kivu and other atrocities asreferred to in the report submitted by the Special Rapporteur on the situationof human rights in the Democratic Republic of the Congo in accordance withresolution 1999/61 of the fifty-fifth session of the Commission on Human Rights(E/CN.4/1999/31), with a view to bringing to justice those responsible;
8. Condemns the continuing activity of and support to all armed groups,including the ex-Rwandese Armed Forces, Interahamwe, and others in theDemocratic Republic of the Congo;
9. Calls for safe and unhindered access for humanitarian assistance tothose in need in the Democratic Republic of the Congo, and urges all parties tothe conflict to guarantee the safety and security of United Nations andhumanitarian personnel;
10. Welcomes the commitment by the parties to the conflict in theDemocratic Republic of the Congo to stop fighting in order to allow animmunization campaign and urges all parties to the conflict to take concreteaction in order to provide greater protection to children exposed to armedconflict in the Democratic Republic of the Congo;
11. Expresses its support for the regional mediation process by the OAUand Southern African Development Community to find a peaceful settlement to theconflict in the Democratic Republic of the Congo and calls upon theinternational community to continue to support these efforts;
12. Urges all parties to the conflict to continue to work constructivelythrough the regional mediation process towards the signing of a ceasefireagreement and settlement of the conflict in the Democratic Republic of theCongo, and calls upon all States in the region to create the conditionsnecessary for the speedy and peaceful resolution of the crisis and to desistfrom any act that may further exacerbate the situation;
13. Expresses its support for the Special Envoy of the Secretary-General for the peace process in the Democratic Republic of the Congo, calls upon allparties to the conflict to cooperate fully with him in his mission in support ofregional mediation efforts and national reconciliation, as set out in hismandate (S/1999/379), and urges Member States and organizations to respondreadily to requests from the Special Envoy for assistance;
14. Reaffirms the importance of holding, at the appropriate time, aninternational conference on peace, security and stability in the Great Lakesregion under the auspices of the United Nations and the Organization of AfricanUnity, with the participation of all the Governments of the region and allothers concerned;
15. Reaffirms its readiness to consider the active involvement of theUnited Nations, in coordination with the Organization of African Unity,including through concrete sustainable and effective measures, to assist in theimplementation of an effective ceasefire agreement and in an agreed process forpolitical settlement of the conflict;
16. Requests the Secretary-General of the United Nations to work closelywith the Secretary-General of the Organization of African Unity in promoting apeaceful resolution of the conflict, to make recommendations on the possiblerole of the United Nations to this end, and to keep the Council informed of developments;
17. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 3993rd meeting,on 9 April 1999.
