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United Nations Security Council Resolution 1341 – Democratic Republic of the Congo

United Nations Security Council Resolution 1341 – Democratic Republic of the Congo

Resolution 1341 (2001)

The Security Council,

Recalling its resolutions 1234 (1999) of 9 April 1999, 1258 (1999) of 6 August1999, 1265 (1999) of 17 September 1999, 1273 (1999) of 5 November 1999, 1279(1999) of 30 November 1999, 1291 (2000) of 24 February 2000, 1296 (2000) of 19April 2000, 1304 (2000) of 15 June 2000, 1323 (2000) of 13 October 2000 and 1332(2000) of 14 December 2000 and the statements of its President of 13 July 1998(S/PRST/1998/20), 31 August 1998 (S/PRST/1998/26), 11 December 1998(S/PRST/1998/36), 24 June 1999 (S/PRST/1999/17), 26 January 2000(S/PRST/2000/2), 5 May 2000 (S/PRST/2000/15), 2 June 2000 (S/PRST/2000/20)and 7 September 2000 (S/PRST/2000/28),

Reaffirming the sovereignty, territorial integrity and political independence ofthe Democratic Republic of the Congo and of all States in the region,

Reaffirming further the obligation of all States to refrain from the use of forceagainst the territorial integrity and political independence of any State, or in anyother manner inconsistent with the purposes of the United Nations,

Reaffirming also the sovereignty of the Democratic Republic of the Congoover its natural resources, and noting with concern reports of the illegal exploitationof the country’s assets and the potential consequences of these actions for securityconditions and the continuation of hostilities,

Expressing its alarm at the dire consequences of the prolonged conflict for thecivilian population throughout the territory of the Democratic Republic of theCongo, in particular the increase in the number of refugees and displaced personsand stressing the urgent need for substantial humanitarian assistance to theCongolese population,

Expressing its deep concern at all violations of human rights and internationalhumanitarian law, including atrocities against civilian populations, especially in theeastern provinces,

Deeply concerned at the increased rate of HIV/AIDS infection, in particularamongst women and girls as a result of the conflict,

Gravely concerned by the continued recruitment and use of child soldiers byarmed forces and groups, including cross-border recruitment and abduction ofchildren,

Reaffirming its primary responsibility under the Charter of the United Nationsfor the maintenance of international peace and security,

Reaffirming its support for the Lusaka Ceasefire Agreement (S/1999/815), aswell as the Kampala plan and the Harare sub-plans for disengagement andredeployment,

Stressing the importance of giving new impetus to the peace process in orderto secure the full and definitive withdrawal of all foreign troops from theDemocratic Republic of the Congo,

Also stressing the importance of advancing the political process called forunder the Lusaka Ceasefire Agreement and facilitating national reconciliation,

Recalling the responsibilities of all parties to cooperate in the full deployment of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), and noting with satisfaction the recent statements by the President of the Democratic Republic of the Congo and his assurances of support forthe deployment of MONUC,

Welcoming the participation of the members of the Political Committee of theLusaka Ceasefire Agreement in its meetings of 21 and 22 February 2001, and stressing the need for the parties to honour the commitments they made to takeconcrete steps to advance the peace process,

Commending the outstanding work of MONUC personnel in challenging conditions, and noting the strong leadership of the Special Representative of theSecretary-General,

Taking note of the Secretary-General’s report of 12 February 2001(S/2001/128) and his conclusion that the necessary conditions of respect for theceasefire, a valid plan for disengagement and cooperation with MONUC are beingmet,

Determining that the situation in the Democratic Republic of the Congo continues to pose a threat to international peace and security in the region,

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

  1. Notes the recent progress made in achieving respect for the ceasefire, and urgently calls on all parties to the Lusaka Ceasefire Agreement not to resumehostilities and to implement this agreement, as well as the agreements reached inKampala and Harare and the relevant Security Council resolutions;

2. Demands once again that Ugandan and Rwandan forces and all otherforeign forces withdraw from the territory of the Democratic Republic of the Congoin compliance with paragraph 4 of its resolution 1304 (2000) and the LusakaCeasefire Agreement, and urges these forces to take urgent steps to accelerate thiswithdrawal;

3. Demands that the parties implement fully the Kampala plan and theHarare sub-plans for disengagement and redeployment of forces without reservations within the 14-day period stipulated in the Harare Agreement, startingfrom 15 March 2001;

4. Welcomes the commitment by the Rwandan authorities in their letter of18 February 2001 (S/2001/147), to withdraw their forces from Pweto in accordancewith the Harare Agreement, calls on them to implement this commitment, and callson other parties to respect this withdrawal;

5. Welcomes also the commitment of the Ugandan authorities to reduceimmediately by two battalions the strength of their forces in the territory of theDemocratic Republic of the Congo, calls on the Ugandan authorities to implementthis commitment, and calls on MONUC to verify it;

6. Urges the parties to the Lusaka Ceasefire Agreement to prepare andadopt not later than 15 May 2001, in close liaison with MONUC, a precise plan andschedule which, in accordance with the Lusaka Ceasefire Agreement, would lead tothe completion of the orderly withdrawal of all foreign troops from the territory ofthe Democratic Republic of the Congo, and requests the Secretary-General to reportto it by 15 April 2001 on the progress of these efforts;

7. Demands that all the parties refrain from any offensive military action during the process of disengagement and withdrawal of foreign forces;

8. Urges all the parties to the conflict, in close liaison with MONUC, toprepare by 15 May 2001 for immediate implementation prioritized plans for thedisarmament, demobilization, reintegration, repatriation or resettlement of all armedgroups referred to in Annex A, Chapter 9.1, of the Lusaka Ceasefire Agreement, anddemands that all parties cease all forms of assistance and cooperation with thesegroups and use their influence to urge such groups to cease their activities;

9. Condemns the massacres and atrocities committed in the territory of theDemocratic Republic of the Congo, and demands once again that all the parties concerned put an immediate end to violations of human rights and international humanitarian law;

10. Demands that all armed forces and groups concerned bring an effectiveend to the recruitment, training and use of children in their armed forces, calls uponthem to extend full cooperation to MONUC, the United Nations Children’s Fund,and humanitarian organizations for speedy demobilization, return and rehabilitationof such children, and requests the Secretary-General to entrust the SpecialRepresentative of the Secretary-General for Children and Armed Conflicts withpursuing these objectives on a priority basis;

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11. Calls on all parties to ensure the safe and unhindered access of reliefpersonnel to all those in need, and recalls that the parties must also provideguarantees for the safety, security and freedom of movement of United Nations andassociated humanitarian relief personnel;

12. Calls also on all the parties to respect the principles of neutrality andimpartiality in the delivery of humanitarian assistance;

13. Calls on the international community to increase its support tohumanitarian relief activities within the Democratic Republic of the Congo and inneighbouring countries affected by the crisis in the Democratic Republic of theCongo;

14. Reminds all parties of their obligations with respect to the security ofcivilian populations under the Fourth Geneva Convention relative to the Protectionof Civilian Persons in Time of War of 12 August 1949 and stresses that occupyingforces should be held responsible for human rights violations in the territory undertheir control;

15. Welcomes the expressed willingness of the authorities of the DemocraticRepublic of the Congo to proceed with the inter-Congolese Dialogue under the aegisof the neutral Facilitator, Sir Ketumile Masire, and in this regard welcomes theannouncement by the President of the Democratic Republic of the Congo at theSummit in Lusaka on 15 February 2001 that the Facilitator has been invited toKinshasa, and calls on all Congolese parties to take immediate concrete steps to takeforward the inter-Congolese dialogue;

16. Reiterates that MONUC shall cooperate closely with the Facilitator of theInter-Congolese Dialogue, provide support and technical assistance to him, andcoordinate the activities of other United Nations agencies to this effect;

17. Calls on all the parties to the conflict to cooperate fully in thedeployment and operations of MONUC including through full implementation of theprovisions and the principles of the Status of Forces Agreement throughout theterritory of the Democratic Republic of the Congo, and reaffirms that it is theresponsibility of all the parties to ensure the security of United Nations personnel,together with associated personnel;

18. Requests the parties, as a follow-up to the discussions on this matter atthe Lusaka Summit on 15 February 2001, to relocate the Joint Military Commission(JMC) to Kinshasa, co-locating it at all levels with MONUC, and calls on theauthorities of the Democratic Republic of the Congo to ensure the security of all theJMC members;

19. Reaffirms the authorization contained in resolution 1291 (2000) and themandate set out in its resolution for the expansion and deployment of MONUC, andendorses the updated concept of operations put forward by the Secretary-General inhis report of 12 February 2001, with a view to the deployment of all the civilian andmilitary personnel required to monitor and verify the implementation by the partiesof the ceasefire and disengagement plans, stressing that this disengagement is a firststep towards the full and definitive withdrawal of all foreign troops from theterritory of the Democratic Republic of the Congo;

20. Emphasizes that it will be prepared to consider a further review of theconcept of operations for MONUC, when appropriate and in the light ofdevelopments, in order to monitor and verify the withdrawal of foreign troops andthe implementation of the plan mentioned in paragraph 8 above and, in coordinationwith existing mechanisms, to enhance security on the border of the DemocraticRepublic of the Congo with Rwanda, Uganda and Burundi, and requests theSecretary-General to make proposals when appropriate;

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21. Reaffirms that it is ready to support the Secretary-General if and when hedeems that it is necessary and it determines that conditions allow it to deploy troopsin the border areas in the east of the Democratic Republic of the Congo, includingpossibly in Goma or Bukavu;

22. Welcomes the dialogue initiated between the authorities of theDemocratic Republic of the Congo and Burundi, urges them to continue theirefforts, and emphasizes in this respect that the settlement of the crisis in Burundiwould contribute positively to the settlement of the conflict in the DemocraticRepublic of the Congo;

23. Welcomes also the recent meetings of the parties, including the meetingof the Presidents of the Democratic Republic of the Congo and Rwanda, encouragesthem to intensify their dialogue with the goal of achieving regional securitystructures based on common interest and mutual respect for the territorial integrity,national sovereignty and security of both States, and emphasizes in this respect thatthe disarmament and demobilization of and cessation of any support to the ex-Rwandese Armed Forces and Interahamwe forces will facilitate the settlement of theconflict in the Democratic Republic of the Congo;

24. Expresses its full support for the work of the expert panel on the illegalexploitation of natural resources and other forms of wealth in the DemocraticRepublic of the Congo, and once again urges the parties to the conflict in theDemocratic Republic of the Congo and the other parties concerned to cooperatefully with it;

25. Reaffirms that it attaches the highest importance to the cessation of theillegal exploitation of the natural resources of the Democratic Republic of theCongo, affirms that it is ready to consider the necessary actions to put an end to thisexploitation, and awaits with interest in this respect the final conclusions of theexpert panel, including the conclusions relating to the level of cooperation of Stateswith the expert panel;

26. Reaffirms also that an international conference on peace, security,democracy and development in the Great Lakes region, with participation by all theGovernments of the region and all the other parties concerned, should be organizedat the appropriate time under the aegis of the United Nations and the Organization ofAfrican Unity with a view to strengthening stability in the region and working outconditions that will enable everyone to enjoy the right to live peacefully withinnational borders;

27. Expresses its intention to monitor closely progress by the parties inimplementing the requirements of this resolution and to undertake a mission to theregion, possibly in May 2001, to monitor progress and discuss the way forward;

28. Expresses its readiness to consider possible measures which could be imposed, in accordance with its responsibilities and obligations under the Charter ofthe United Nations, in case of failure by parties to comply fully with this resolution;

29. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 4282nd meeting,on 22 February 2001.

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