United Nations Security Council Resolution 1376 – Democratic Republic of the Congo
Resolution 1376 (2001)
The Security Council,
Recalling its previous resolutions and statements by its President,
Reaffirming the obligation of all States to refrain from the use of force againstthe territorial integrity and political independence of any State, or in any othermanner inconsistent with the purposes of the United Nations, and reaffirming alsothe political independence, the territorial integrity and the sovereignty of the Democratic Republic of the Congo, including over its natural resources,
Taking note of the Secretary-General’s report of 16 October 2001 (S/2001/970)and its recommendations,
Welcoming the participation of the Political Committee for the implementation of the Lusaka Ceasefire Agreement (S/1999/818) in joint meetings held on 9November 2001,
Determining that the situation in the Democratic Republic of the Congo continues to pose a threat to international peace and security in the region,
- Welcomes the general respect for the ceasefire among the parties to the Lusaka Ceasefire Agreement, expresses nonetheless its concern at the hostilities inareas of the eastern Democratic Republic of the Congo and calls on the parties tocease any form of support to the armed groups, particularly in the east of thecountry;
2. Welcomes the withdrawal of some foreign forces from the Democratic Republic of the Congo, including the full Namibian contingent, as a positive step towards the full withdrawal of all foreign forces, and requests all States that havenot yet done so to begin to implement, without delay, their full withdrawal inaccordance with resolution 1304 (2000) of 16 June 2000;
3. Demands once again that Kisangani be demilitarized rapidly andunconditionally in accordance with Security Council resolution 1304 (2000), takesnote of the pledge by the RCD-Goma during the 4411th meeting of 9 November2001 fully to demilitarize the city, welcomes the decision of the Secretary-General tofurther deploy MONUC personnel in this city, notably to contribute to the trainingof police, stresses that, once demilitarized, no party will be permitted to reoccupy the city militarily and welcomes in this regard the pledge by the Government of theDRC, during the same meeting, to respect this provision;
4. Expresses its support for the inter-Congolese dialogue, one of the keyelements of the peace process, and for all efforts to promote this process, calls onthe Congolese parties to work together for the success of the dialogue, and expressesits support for the Facilitator and his call on the parties to make the dialogue fully inclusive;
5. Expresses its grave concern at the repeated human rights violationsthroughout the Democratic Republic of the Congo in particular in the territoriesunder the control of the rebel groups party to the Lusaka Ceasefire Agreement, andcalls on all parties to put an end to such violations;
6. Expresses its serious concern with regard to the humanitarian situation inthe DRC and calls on the international community to increase, without delay, its support for humanitarian activities;
7. Expresses its serious concern with regard to the economic difficultiesfacing the Democratic Republic of the Congo, stresses that progress in the peaceprocess and the economic recovery and development of the country areinterdependent, and in this regard underlines the urgent need for increasedinternational economic assistance in support of the peace process;
8. Reiterates its condemnation of all illegal exploitation of the natural resources of the Democratic Republic of the Congo, demands that such exploitation cease and stresses that the natural resources of the Democratic Republic of the Congo should not be exploited to finance the conflict in that country;
9. Emphasizes that there are links between the peace processes in Burundiand in the Democratic Republic of the Congo and, welcoming the recent progress inthe Burundi process, invites the parties to the Lusaka Ceasefire Agreement to workwith the Burundian authorities to advance these two processes;
10. Supports the launching of phase III of the deployment of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC)on the basis of the concept of operations detailed in paragraphs 59 to 87 of theSecretary-General’s report (S/2001/970) and stresses, in this regard, the importanceit attaches to the deployment of MONUC in the east of the Democratic Republic of the Congo, in conformity with the new concept of operation and within the overallceiling, including in the cities of Kindu and Kisangani;
11. Notes with concern the joint communiqué issued on 4 November 2001 bythe Secretaries General of the Mouvement de Libération du Congo and of theRassemblement Congolais pour la Démocratie concerning the deployment of a jointspecial force in Kindu, and stresses that appropriate conditions will be necessary toallow MONUC to fulfil its role in Kindu and to ensure that discussions on thevoluntary disarmament and demobilization of concerned armed groups take place ina neutral environment;
12. Affirms that the implementation of phase III of the deployment ofMONUC requires the following steps from the parties and requests the Secretary-General to report on progress thereon:
(i) The transmission to MONUC, as soon as possible and in accordance withits resolution 1355 (2001) of 15 June 2001, of the necessary operationalinformation for the planning of MONUC support for the process of totalwithdrawal of foreign troops present in the territory of the Democratic Republic of the Congo, including the number of foreign military personnel inthe territory of the DRC, their equipment and armament, their exit routes, anda precise timetable for implementation;
(ii) The transmission to MONUC, as soon as possible and in accordance with its resolution 1355 (2001), of the necessary operational information for the planning of MONUC’s mandated role in the process of disarmament,demobilization, repatriation, resettlement and reintegration (DDRRR)programme for the armed groups referred to in annex A, chapter 9.1 of theLusaka Ceasefire Agreement, including the number of persons concerned, theirequipment and armament, their location, their intentions, as well as a precisetimetable for implementation;
(iii) The establishment of a direct dialogue between the governments of theDemocratic Republic of the Congo and Rwanda leading to confidence buildingand a joint mechanism for coordination, and exchanges of informationregarding the DDRRR process;
(iv) The establishment by the governments of the countries concerned, inparticular Rwanda, and noting steps taken so far, of conditions conducive tovoluntary DDRRR of the members of the armed groups concerned, in particular, by assuring the protection of the personal safety of the members of these armed groups, their civil rights and their economic reintegration including with the assistance of the donor community;
(v) The demilitarization of Kisangani;
(vi) The full restoration of freedom of movement for persons and goods between Kinshasa and Kisangani and throughout the country;
(vii) The full cooperation by the parties with MONUC military and logistical operations, as well as its humanitarian, human rights, and child protection activities, including by permitting unrestricted access to ports and airports, and by refraining from introducing administrative and other impediments;
13. Expresses its satisfaction at the partnership established with the parties to the Lusaka Ceasefire Agreement, strengthened by regular contacts between the Political Committee for the implementation of that Agreement and the Council, and reiterates its firm determination to continue to provide assistance to the parties in their efforts to achieve peace;
14. Commends the outstanding work of MONUC personnel in challenging conditions, and pays tribute in particular to the efforts of the Special Representative of the Secretary-General;
15. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 4412th meeting, on 9 November 2001.
