United Nations Security Council Resolution 2262 – The situation in the Central African Republic

Resolution 2262 (2016)

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), 2212 (2015), 2217 (2015) as well as the Presidential Statements S/PRST/2014/28 of 18 December 2014 and S/PRST/2015/17of 20 October 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,

Recalling that the Central African Republic bears the primary responsibility to protect all populations within its territory 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 and reconciliation process, and calling upon the Transitional Authorities to hold the legislative elections and the second round of the presidential election in a free, fair, transparent and inclusive manner, in order to end the transition by 31 March 2016, according with the agreed time frame,

Calling upon all stakeholders, including the candidates in the presidential and legislative elections, to refrain from engaging in any activity which could hamper the electoral process and strongly encouraging them to abide by the electoral code of conduct and to resolve any disputes peacefully through the established institutions and legal procedures,

Calling upon the elected authorities to urgently implement transparent and inclusive measures that allow for stabilization and reconciliation in the CAR, including to take concrete steps to restore the effective authority of the State over all of the territory of the CAR; to fight impunity by restoring administration of the judiciary and the criminal justice system, including the penitentiary system, throughout the country; to reform the CAR Armed Forces (FACA) and internal security forces in order to put in place multi-ethnic, professional, and republican security services through appropriate security sector reform processes; to carry out the disarmament, demobilization, reintegration and repatriation (DDRR) of armed groups; and to establish a functioning public financial management in order to meet the expenses related to the functioning of the State, implement early recovery plans, and revitalize the economy,

Commending the United Nations Integrated Multidimensional Mission in the CAR (MINUSCA) and the French forces for the ongoing work to help the Transitional authorities improve the security situation; noting also with concern,however, that while improving, security in the CAR remains fragile,

Welcoming the work done by the European Union military advice mission based in Bangui (EUMAM-RCA), as requested by the CAR transitional authorities, in order to contribute to providing them with expert advice on reforming t he CAR Armed Forces (FACA) into a multi-ethnic, professional, and republican security services,

Calling upon the transitional authorities and subsequent elected authorities of the CAR to ensure that perpetrators of violations of applicable international law, including those committed against children and women, are excluded from the CAR security and armed forces,

Welcoming the commitment of the Secretary-General to enforce strictly his zero-tolerance policy on sexual exploitation and abuse, expressing grave concern over numerous allegations of sexual exploitation and abuse reportedly committed by peacekeepers in the CAR, stressing the urgent need for troop- and police-contributing countries and MINUSCA to promptly investigate those cases in a credible and transparent manner and to hold accountable those responsible for such criminal offenses or misconduct, and further stressing the need to prevent such exploitation and abuse and to improve how these allegations are addressed,

Welcoming the United Nations Secretary-General Report of 30 November 2015 (S/2015/918) submitted pursuant to resolution 2217 (2015),

Welcoming also the midterm update and the final report (S/2015/936) of the Panel of Experts on the Central African Republic established pursuant to resolution 2127 (2013), expanded by resolution 2134 (2014) and extended pursuant to resolution 2196 (2015), and taking note of the Panel of Experts’ recommendations, Strongly condemning the upsurge of violence and instability in the Central African Republic (CAR), in particular in September and October 2015, and the threats of violence, human rights violations and abuses and international humanitarian law violations, including against women and children; the attacks against United Nations peacekeepers, international forces and humanitarian personnel; the continuous cycle of provocations and reprisals by armed groups, both inside and outside of Bangui and denial of humanitarian access, committed by armed elements, which continue to adversely affect the dire humanitarian situation faced by the civilian population and to impede humanitarian access to vulnerable populations,

Reiterating that all perpetrators of such acts must be held accountable and that some of those acts may amount to crimes under the Rome Statute of the International Criminal Court (ICC), to which the CAR is a State party, noting in this regard the opening by the Prosecutor of the International Criminal Court on 24 September 2014 of an investigation following the request of the national authorities on alleged crimes committed since 2012 and welcoming the ongoing cooperation by the CAR Transitional Authorities in this regard,

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 violations or abuses of human rights, underlining in this regard the need to bolster national accountability mechanisms and to further implement without delay the 7 August 2014 Memorandum of Understanding (MoU) on Urgent Temporary Measures, and the law promulgated in June 2015 to establish a national Special Criminal Court to investigate and prosecute serious crimes committed in the CAR, including by recruiting the necessary local and international staff,

Emphasizing that those engaging in or providing support for acts that undermine undermining the peace, stability or security of the CAR, threatening or impeding the transition process, or the political stabilization and reconciliation process, targeting of civilians and attacking peacekeepers may meet criteria for designation under sanctions as stated in this resolution,

Expressing grave concern at the findings of the Panel of Experts’ final report of 21 December 2015 (S/2015/936) that armed groups continue to destabilize the CAR and to pose a permanent threat to the peace, security and stability of the country, including through the establishment of illegitimate parallel administrations,

Expressing concern that illicit trafficking, trade, exploitation and smuggling of natural resources including gold, diamonds and wildlife has a negative impact in the economy and the development of the country, and that it continues to threaten the peace and stability of CAR,

Taking note of the Kimberley Process (KP) Administrative Decision on Resumption of Exports of Rough Diamonds from the CAR, its annexed Operational Framework, and the establishment of the KP Monitoring Team for CAR and recognizing the extraordinary efforts of the CAR transitional authorities and the KP, under the 2015 Chairmanship of Angola, to responsibly reintegrate CAR into the global diamond trade,

Noting with concern the findings of the Panel of Experts’ final report that the Lord’s Resistance Army (LRA) remains active in the CAR, has established links to other armed groups and is generating revenues from the exploitation and trade of natural resources, including gold, diamonds and wildlife poaching,

Noting with concern the ongoing transnational criminal activity in the region, emphasizing the risk of the situation in the CAR providing a conducive environment for further 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 its region, and in supporting post-conflict peacebuilding, disarmament, demobilization and reintegration and security sector reform, recalling its resolutions 2117 (2013), 2127 (2013) and 2220 (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,

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

Reiterating the importance of all member States’ full implementation of the measures set out in UNSCRs 2127 (2013), 2134 (2014), 2196 (2015) and this resolution, including the obligation to implement targeted sanctions against individuals and entities designated by the Sanctions Committee established pursuant to resolution 2127 (2013) and underlining that individuals who knowingly facilitate the travel of a listed individual in violation of the travel ban may be determined by the Committee to have met the designation criteria for sanctions,

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 and implementation of the sanctions regime in all its aspects,

Noting with concern the reports that sanctioned individuals are travelling in the region in violation of the travel ban, and underlining that individuals or entities who knowingly facilitate the travel of a sanctioned individual in violation of the travel ban may be determined by the Committee to have met the designation criteria for sanctions,

Welcoming efforts by the Chair of the 2127 Sanctions Committee and the President of the Security Council to support and strengthen the implementation of the measures imposed pursuant to resolution 2196 (2015) through engagement with Member States, especially regional States, and welcoming in this regard the travel by the Chair and Committee members to the CAR in August 2015,

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 7611th meeting, on 27 January 2016.