United Nations Security Council Resolution 1533 – Democratic Republic of the Congo
Resolution 1533 (2004)
The Security Council,
Recalling its previous resolutions and the statements by its President concerning the Democratic Republic of the Congo,
Reiterating its concern regarding the presence of armed groups and militias inthe eastern part of the Democratic Republic of the Congo, particularly in North andSouth Kivu and in Ituri, which perpetuate a climate of insecurity in the wholeregion,
Condemning the continuing illicit flow of weapons into the Democratic Republic of the Congo, and declaring its determination to closely monitor compliance with the arms embargo imposed by its resolution 1493 of 28 July 2003,
Underscoring the right of the Congolese people to control their own naturalresources, recalling in this regard the statement made by its President on 19November 2003 (S/PRST/2003/21), which emphasizes the connection, in the contextof the continuing conflict, between the illegal exploitation of natural resources andtrafficking in raw materials and arms, as highlighted in the final report of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms ofWealth in the Democratic Republic of Congo (S/2003/1027), and stressing for thispurpose, the need for all Member States to work to achieve an end to the illegalexploitation of natural resources,
Encouraging to the Nairobi Declaration of 15 March2000 on the Problem of the Proliferation of Illicit Small Arms and Light Weapons inthe Great Lakes Region and Horn of Africa to implement quickly the measures required by the Co-ordinated Agenda for Action as an important means of support ofthe measures imposed by paragraph 20 of resolution 1493,
Taking note of the Secretary-General’s fourteenth report on the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), dated 17November 2003 (S/2003/1098), and of its recommendations,
Noting that the situation in the Democratic Republic of the Congo continues to constitute a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
- Reaffirms the demand, laid down in paragraph 20 of resolution 1493, thatall States take the necessary measures to prevent the supply of arms and any relatedmateriel or assistance to armed groups operating in North and South Kivu and inIturi, and to groups not party to the Global and All-Inclusive agreement on theTransition in the Democratic Republic of the Congo (signed in Pretoria on 17December 2002);
2. Welcomes the recommendations contained in paragraph 72 of the fourteenth report of the Secretary-General on MONUC;
3. Requests MONUC to continue to use all means, within its capabilities, tocarry out the tasks outlined in paragraph 19 of resolution 1493, and in particular toinspect, without notice as it deems it necessary, the cargo of aircraft and of anytransport vehicle using the ports, airports, airfields, military bases and bordercrossings in North and South Kivu and in Ituri;
4. Authorizes MONUC to seize or collect, as appropriate, the arms and any related materiel whose presence in the territory of the Democratic Republic of the Congo violates the measures imposed by paragraph 20 of resolution 1493, and todispose of such arms and related materiel as appropriate;
5. Reiterates its demand that all parties provide immediate, unconditionaland unhindered access to MONUC personnel, in accordance with paragraphs 15 and19 of resolution 1493, to enable them to carry out the tasks outlined in paragraphs 3and 4 above;
6. Reiterates its condemnation of the continuing illegal exploitation ofnatural resources in the Democratic Republic of the Congo, especially in the easternpart of the country, which contributes to the perpetuation of the conflict, andreaffirms the importance of bringing an end to these illegal activities, including byapplying the necessary pressure on the armed groups, traffickers and all other actorsinvolved;
7. Urges all States, and especially those in the region, to take the appropriate steps to end these illegal activities, including through judicial meanswhere possible, and, if necessary, to report to the Council;
8. Decides to establish, in accordance with rule 28 of its provisional rules ofprocedure, a Committee of the Security Council consisting of all members of theCouncil (the Committee), to undertake the following tasks:
(a) To seek from all States, and particularly those in the region, informationregarding the actions taken by them to implement effectively the measures imposedby paragraph 20 of resolution 1493 and to comply with paragraphs 18 and 24 of the same resolution, and thereafter to request from them whatever further information itmay consider useful; including by providing States with an opportunity, at theCommittee’s request, to send representatives to meet with the Committee for morein-depth discussion of relevant issues;
(b) To examine, and to take appropriate action on, information concerningalleged violations of the measures imposed by paragraph 20 of resolution 1493 andinformation on alleged arms flows highlighted in the reports of the Panel of Expertson the Illegal Exploitation of Natural Resources and Other Forms of Wealth in the Democratic Republic of the Congo, identifying where possible individual and legal entities reported to be engaged in such violations, as well as aircraft or othervehicles used;
(c) To present regular reports to the Council on its work, with its observations and recommendations, in particular on the ways to strengthen theeffectiveness of the measures imposed by paragraph 20 of resolution 1493;
(d) To consider the lists referred to hereafter in paragraph 10 (g) with a view to submitting recommendations to the Council for possible future measures to betaken in this regard;
(e) To receive notifications in advance from States made under paragraph 21of resolution 1493 and to decide, if need be, upon any action to be taken;
9. Requests all States, in particular those in the region, to report to theCommittee, within sixty days from the date of adoption of this resolution, on theactions they have taken to implement the measures imposed by paragraph 20 ofresolution 1493, and authorizes the Committee thereafter to request from MemberStates whatever further information it may consider necessary;
10. Requests the Secretary-General, in consultation with the Committee, tocreate, within thirty days from the date of adoption of this resolution, and for aperiod expiring on 28 July 2004, a group of experts consisting of no more than fourmembers (the Group of experts), having the necessary skills to perform thefollowing mandate:
(a) To examine and analyse information gathered by MONUC in the contextof its monitoring mandate;
(b) To gather and analyse all relevant information in the Democratic Republic of the Congo, countries of the region and, as necessary, in other countries,in cooperation with the governments of those countries, flows of arms and relatedmateriel, as well as networks operating in violation of the measures imposed byparagraph 20 of resolution 1493;
(c) To consider and recommend, where appropriate, ways of improving the capabilities of States interested, in particular those of the region, to ensure the measures imposed by paragraph 20 of resolution 1493 are effectively implemented;
(d) To report to the Council in writing before 15 July 2004, through theCommittee, on the implementation of the measures imposed by paragraph 20 ofresolution 1493, with recommendations in this regard;
(e) To keep the Committee frequently updated on its activities;
(f) To exchange with MONUC, as appropriate, information that might be ofuse in the fulfilment of its monitoring mandate as described in paragraph 3 and 4above;
(g) To provide the Committee in its reports with a list, with supporting evidence, of those found to have violated the measures imposed by paragraph 20 of resolution 1493, and those found to have supported them in such activities forpossible future measures by the Council;
11. Requests the Special Representative of the Secretary-General for theDemocratic Republic of the Congo to communicate as appropriate to the SecurityCouncil, through the Committee, information gathered by MONUC and, when possible, reviewed by the Group of experts, concerning supply in arms and relatedmateriel to armed groups and militias, and any possible presence of foreign militaryin the Democratic Republic of the Congo;
12. Urges all States, relevant United Nations bodies and, as appropriate,other organizations and interested parties, to cooperate fully with the Committee andwith the Group of experts and MONUC, in particular by supplying any informationat their disposal on possible violations of the measures imposed by paragraph 20 ofresolution 1493;
13. Calls upon the international community, in particular the specialized international organizations concerned, to provide financial and technical assistance to the Government of the Democratic Republic of the Congo with a view to helping it exercise effective control over its borders and its air space;
14. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 4926th meeting,on 12 March 2004.
