United Nations Security Council Resolution 2217 – Central African Republic

Resolution 2217 (2015)

The Security Council,

Recalling its previous resolutions and statements on the Central African Republic (CAR), in particular resolutions 2121 (2013), 2127 (2013), 2134 (2014), 2149 (2014), 2181 (2014), 2196 (2015) and 2212 (2015),

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the CAR, and recalling the importance of the principles of non-interference, good-neighbourliness and regional cooperation,

Reaffirming the basic principles of peacekeeping, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, and recognizing that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned,

Recalling that the Central African Republic authorities have the primary responsibility to protect all populations in the CAR in particular from genocide, war crimes, ethnic cleansing and crimes against humanity,

Emphasizing that any sustainable solution to the crisis in the CAR should be CAR-owned, including the political process, and should prioritize reconciliation of the Central African people,

Further emphasizing that the continued role of the region, including the Chair of the Economic Community of Central African States (ECCAS) and its Mediator, as well as the African Union and the United Nations as members of the Mediation, remains critical for the promotion of lasting peace and stability in the CAR, and reiterates its appreciation for their ongoing efforts in this regard,

Commending the African-led International Support Mission to the Central African Republic (MISCA), Sangaris and EUFOR RCA for the work done in laying the foundation for increased security ahead of and in support of the United Nations Integrated Multi-dimensional Mission in the Central African Republic (MINUSCA)’s deployment, commending also the transition from MISCA to MINUSCA on 15 September 2014,

Noting with concern, however, that while improving, the security situation in the CAR remains fragile,

Condemning the multiple violations of international humanitarian law and the widespread human rights violations and abuses, including those involving extrajudicial killings, enforced disappearances, arbitrary arrests and detention, torture, sexual violence against women and children, rape, recruitment and use of children and attacks against civilians, looting and destruction of property and attacks against places of worship, denial of humanitarian access, deliberate attacks against national and international personnel of humanitarian organisations, United Nations personnel and its associated personnel, and humanitarian assets, including supplies, facilities and transports committed by both former Seleka elements and militia groups, in particular the “anti-Balaka”,

Welcoming the submission of the report (S/2014/928) of the International Commission of Inquiry established by resolution 2127 (2013), noting with concern its finding that the main parties to the conflict, including ex-Seleka the anti-Balaka, and elements from the CAR Armed Forces (FACA) who collaborated with armed groups committed violations of international humanitarian law and human rights violations and abuses since 1st January 2013, that may amount to war crimes and crimes against humanity, including ethnic cleansing by elements of the anti-balaka militia,

Condemning in the strongest terms all attacks and provocations against MINUSCA contingents and other international forces by armed groups, underlining that attacks targeting peacekeepers may constitute war crimes, reminding all parties of their obligations under international humanitarian law and urging the CAR Transitional Authorities to take all possible measures to ensure the arrest and prosecution of perpetrators,

Stressing the urgent and imperative need to end impunity in the CAR and to bring to justice perpetrators of violations of international humanitarian law and of abuses and violations of human rights, underlining in this regard the need to bolster national accountability mechanisms, and underlining its support for the work of the Independent Expert on human rights in the CAR,

Welcoming in this regard the Transitional Authorities’ efforts, in particular the adoption of the relevant legislation, to establish a Special Criminal Court within the national judicial system, with jurisdiction over serious violations of human rights and of international humanitarian law, consistent with the CAR’s international humanitarian law and international human rights law obligations,

Urging the national authorities to take all appropriate steps to implement the law establishing a national Special Criminal Court, and reiterating the primary responsibility of the national authorities to ensure a conducive environment for the effective and independent investigation, prosecution and adjudication of all cases by the Special Criminal Court and its effective contribution to peace, justice and reconciliation in the country,

Emphasizing the fact that the current security situation in the CAR provides a conducive environment for transnational criminal activity, such as that involving arms trafficking and the use of mercenaries as well as a potential breeding ground for radical networks,

Acknowledging in this respect the important contribution the Council-mandated arms embargo can make to countering the illicit transfer of arms and related materiel in the CAR and the region, and in supporting post-conflict peacebuilding, disarmament, demobilization and reintegration and security sector reform, and recalling its resolution 2196 (2015) and expressing grave concern at the threat to peace and security in the CAR arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, and the use of such weapons against civilians affected by armed conflict,

Reiterating that illicit trade, exploitation and smuggling of natural resources including gold, diamonds and wildlife poaching and trafficking continues to threaten the peace and stability of the CAR,

Emphasizing that the targeted sanctions renewed by resolution 2196 (2015) aim at, inter alia, individuals and entities designated by the Committee as engaging in or providing support for acts that undermine the peace, stability or security of the CAR, that impede the political transition process or that fuel violenc e and at individuals and entities designated by the Committee as involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law or that constitute human rights abuses or violations,

Expressing concern about reported travel by individuals designated pursuant to UNSC resolution 2127 (2013) and noting the critical importance of effective implementation of the sanctions regime, including the key role that neighbouring States, as well as regional and subregional organizations, can play in this regard and encouraging efforts to further enhance cooperation,Reiterating its serious concern at the dire humanitarian situation in the CAR, and emphasizing in particular the humanitarian needs of the mor e than 435,000 internally displaced persons (IDPs), of the thousands of civilians trapped in enclaves, and of the more than 450,000 refugees in neighbouring countries, a large number of whom are Muslim, and further expressing concern at the consequences ofthe flow of refugees on the situation in Chad, Cameroon and the Democratic Republic of the Congo, as well as other countries of the region,

Recalling the responsibility of the Transitional Authorities to protect and promote the right to freedom of movement of all people in the CAR, including IDPs, without distinction, their freedom to choose where to reside, and to comply with their right to return to their own country or to leave in order to seek asylum in other States,

Urging all parties to take the necessary steps to ensure the safety and security of humanitarian personnel, of United Nations and associated personnel and of United Nations installation, equipment and goods,

Reiterating also its appreciation for the efforts of the International Contact Group on the CAR, co-chaired by the AU and the Republic of Congo, taking note of the decision of the International Mediator in the CAR crisis, in accordance with the transitional national charter, to extend the transition for six months, until 15 August 2015, welcoming the communiqué issued at its 7th meeting held in Brazzaville, on 16 March 2015, and encouraging all stakeholders to pursue their efforts,

Welcoming the commitment of the CAR Transitional Authorities to complete the transition process, including on reconciliation aspects, and calling upon the Transitional Authorities and the National Elections Authority, in accordance with the transitional national charter, to swiftly take the necessary steps to accelerate the preparation of the electoral process with a view to holding as a matter of urgency and as soon as possible the free, fair, and credible elections currently scheduled to take place by August 2015,

Welcoming the holding of, and local participation in, grassroots consultations throughout the country between 21 January and 8 March 2015, which enabled thousands of people in the CAR to express their views on the future of their country,

Recognizing the work of the Bangui Forum Preparatory Committee, and welcoming the setting of the date for the Bangui Forum, which is a critical step in the political transition process and offers an opportunity to address issues that are of critical importance to the future of the country, including peace and security, justice and reconciliation, governance and economic and social development,

Welcoming the joint action of some domestic religious leaders at the national level in trying to pacify relations and end violence between religious communities and noting the need to amplify their voices at the local level,

Recalling the need for an inclusive and effective disarmament, demobilization and reintegration process (DDR) as well as repatriation (DDRR) in the case of foreign fighters, including children formerly associated with armed forces and groups, while respecting the need to fight against impunity,

Underlining the need to support national, and to coordinate international, efforts towards rebuilding the security sector in the CAR and stressing the important role of the internal security forces (police and gendarmerie) in the restoration of security in the CAR,

Welcoming in this regard the launching by the European Union (EU) of a military advice mission based in Bangui (EUMAM-RCA), which will support, at their request, the CAR Transitional Authorities, and will work closely with MINUSCA, by providing expert advice on reforming the FACA into a multi-ethnic, professional, and republican armed forces,

Recalling its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, its resolutions 1612 (2005), 1882 (2009), 1998 (2011), 2068 (2012) and 2143 (2014) on Children and Armed Conflict and its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013) on Women, Peace and Security and calling upon all parties in the CAR to engage with the Special Representative on Children and Armed Conflict and the Special Representative on Sexual Violence in Conflict,

Expressing its concern that children have continued to be victims of abuses committed by armed elements of the ex-Séléka and anti-Balaka as well as the Lord’s resistance army, and that women continue to be violently targeted and victims of sexual and gender based violence in the CAR,

Expressing serious concern about the dire situation of persons with disabilities in the CAR, including abandonment, violence and lack of access to basic services, and emphasizing the need to ensure that the particular needs of persons with disabilities are addressed in the humanitarian response,

Commending the ongoing role and contribution of the African Union (AU) to the stabilization of the CAR and welcoming the deployment of AU advisors to support the victims of sexual violence in the CAR,

Welcoming the strong engagement of the European Union (EU) for the CAR, and further welcoming the contribution of the United States of America and of other Member States to the stabilization of the CAR,

Encouraging the international community to swiftly follow through on pledgesto continue providing support in response to the humanitarian situation in CAR, and to prepare for reconstruction with an approach linking relief, rehabilitation and development (LRRD),

Calling on international partners to assist the Transitional Authorities in building the institutional capacity of national police and customs authorities to effectively monitor the borders and points of entry, including to support the implementation of the measures renewed and modified by paragraph 1 of resolution 2196 (2015) and the disarmament and repatriation of foreign armed elements,

Welcoming the World Bank’s plan for 2014 presented at the Central African Republic Peacebuilding Commission Country-Specific Configuration meeting on 19 February 2014 and strongly encouraging international financial institutions to continue to engage with the Transitional Authorities, and to increase their commitments to support the Transitional Authorities,

Calling on international partners to urgently provide financial contributions to support national dialogue and reconciliation, the preparation of elections, the extension of State authority, accountability, DDR/R and security sector reform (SSR) processes, as well as the restoration of the judicial and penal chains in order to fight against impunity,Underlining the role of the Peace Building Commission CAR configuration in supporting the efforts of the Transitional Authorities towards national dialogue and reconciliation process, elections, accountability, as well as in addressing challenges facing the country, through mobilizing and sustaining the attention and commitment of partners’ efforts as well as the Peacebuilding Fund,

Commending the Transitional Authorities for the work done to balance the national budget and calls on them to continue their effort to strengthen public financial management, transparency and accountability, which will help create a conducive environment for the international community to increase budget and development support in 2015,

Stressing the need to implement MINUSCA’s mandate, based on the prioritization of tasks, and, when relevant, in a phased manner, Welcoming the Secretary-General’s report of 1 April 2015 (S/2015/227),

Taking note of the letter to the Security Council dated 8 April 2014, by which the President of the CAR conveyed views regarding MINUSCA’s mandate in terms of protection of civilians and urgent temporary Measures,

Determining that the situation in the CAR continues to constitute a threat to international peace and security in the region,

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

Adopted by the Security Council at its 7434th meeting, on 28 April 2015.