United Nations Security Council Resolution 2277 – Democratic Republic of the Congo

Resolution 2277 (2016)

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC), especially its resolutions 2211 (2015), 2198 (2015), 2147 (2014), 2136 (2014), and 2098 (2013),

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 peace-keeping mission is specific to the need and situation of the country concerned,

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the DRC as well as all States in the region and emphasizing the need to respect fully the principles of non-interference, good-neighbourliness and regional cooperation,

Recalling that the Government of the DRC bears the primary responsibility to protect civilians within its territory and subject to its jurisdiction, including protection from crimes against humanity and war crimes,

Recalling the commitments under the PSC Framework by all States of the region not to interfere in the internal affairs of neighbouring countries, and to neither tolerate nor provide assistance or support of any kind to armed groups,

Noting that eastern DRC has continued to suffer from recurring cycles of conflict and persistent violence by armed groups, both Congolese and foreign, recalling the strategic importance of the implementation of the Peace, Security and Cooperation (PSC) Framework for the DRC and the Region, and reiterating its call to all signatories to fulfil promptly, fully and in good faith their respective commitments under this agreement in order to address the root causes of conflict and put an end to recurring cycles of violence, and promote lasting regional development,

Encouraging the continuation of efforts by the Secretary-General of the United Nations, the International Conference on the Great Lakes Region (ICGLR), the Southern African Development Community (SADC), and the African Union (AU) to restore peace and security in eastern DRC, encouraging the Government of the DRC to ensure continuous close cooperation with these and other international parties, and recognizing the efforts of the Government of the DRC aiming at the achievement of peace and national development,

Reiterating its deep concern regarding the security and humanitarian crisis in eastern DRC due to ongoing destabilizing activities of foreign and domestic armed groups, expressing particular concern at the reports of growing inter-communal violence in some areas of eastern DRC, stressing the importance of neutralizing the Democratic Forces for the Liberation of Rwanda (FDLR), the Allied Democratic Forces (ADF), the Lord’s Resistance Army (LRA), and all other armed groups in the DRC, and recognizing the efforts of the Armed Forces of the DRC (FARDC) in that regard,

Expressing concern at the illegal exploitation and trafficking of natural resources by armed groups, and the negative impact of armed conflict on protected natural areas, which undermines lasting peace and development for the DRC, and encouraging the Government of the DRC to continue efforts to safeguard those areas,

Remaining deeply concerned by the persistent high levels of violence and violations and abuses of human rights and violations of international humanitarian law, condemning in particular those involving targeted attacks against civilians, widespread sexual and gender-based violence, recruitment and use of children by certain parties to the conflict, the forced displacement of significant numbers of civilians, extrajudicial executions and arbitrary arrests, recognizing their deleterious effect on the stabilization, reconstruction and development efforts in the DRC, and emphasizing that all those responsible for all such violations and abuses must be swiftly apprehended, brought to justice and held accountable,

Remaining greatly concerned by the humanitarian situation that continues to severely affect the civilian population, in particular in eastern DRC, expressing deep concern regarding the very high number of internally displaced persons in the DRC, at more than 1.6 million, and the 170,000 refugees in the DRC, as well as the over 450,000 refugees from eastern DRC as a result of ongoing hostilities, as well as violations of international humanitarian law and violations and abuses of human rights, calling upon the DRC and all States in the region to work towards the peaceful environment conducive to the realization of durable solutions for refugees and internally displaced persons, including their eventual voluntary return and reintegration in the DRC in conditions of safety and dignity, with the support, as appropriate, of the United Nations Country Team, stressing that any such solution should be in line with relevant obligations under international refugee law, international humanitarian law and international human rights law, and stressing the need to manage the closure of camps in a manner that respects the rights of internally displaced persons, in accordance with international law,

Expressing further concern at increased impediments to humanitarian access in eastern DRC resulting from insecurity, and attacks against humanitarian actors and assets, and calling upon all parties in the conflict to respect the impartiality, independence and neutrality of humanitarian actors,

Noting with deep concern the delays in the preparation of the presidential elections scheduled for November 2016, in accordance with the Constitution, and that the update of the electoral register has not yet begun,

Stressing the crucial importance of a peaceful and credible electoral cycle, in accordance with the Constitution, for stabilization and consolidation of constitutional democracy in the DRC, expressing deep concern at increased restrictions of the political space in the DRC, in particular recent arrests and detention of members of the political opposition and of civil society, as well as restrictions of fundamental freedoms such as the freedom of expression and opinion, and recalling the need for an open, inclusive and peaceful political dialogue among all stakeholders focused on the holding of elections, while ensuring the protection of fundamental freedoms and human rights, paving the way for peaceful, credible, inclusive, transparent and timely elections in the DRC, particularly presidential and legislative elections by November 2016, in accordance with the Constitution, while respecting the African Charter on Democracy, Elections and Governance,

Remaining deeply concerned by reports of increased serious human rights and international humanitarian law violations committed by some members of the FARDC, the National Intelligence Agency (ANR), the Republican Guard and Congolese National Police (PNC), including against members of the opposition and of civil society in the context of the electoral process, urging all parties to refrain from violence and provocation, and emphasizing that the Government of the DRC must respect human rights and comply with the principle of proportionality in the use of force,

Welcoming the agreement between the Independent National Electoral Commission (CENI) and the National Human Rights Commission to monitor and investigate all allegations of human rights violations and abuses before, during and after the electoral process, noting with concern the lack of progress in the investigations against alleged perpetrators of human rights violations and abuses committed during the 2011 electoral process as well as reports of instrumentalization of judicial institutions for political purposes, and calling for further efforts to hold those responsible to account,

Recalling the importance of fighting impunity within all ranks of the FARDC and PNC, commending the DRC authorities for recent prosecutions and condemnations of FARDC and PNC officers for crimes against humanity and war crimes, and stressing the need for the Government of the DRC to continue to ensure the increased professionalism of its security forces,

Taking note of the adoption by the National Assembly of the law implementing the Rome Statute of the International Criminal Court (ICC) in December 2015, stressing the need for continued cooperation with the ICC by the Government of the DRC, and stressing the importance of actively seeking to hold accountable those responsible for genocide, war crimes and crimes against humanity in the country,

Recalling all its relevant resolutions on women, peace and security, on children and armed conflicts, and on the protection of civilians in armed conflicts, also recalling the conclusions on children and armed conflicts in the DRC (S/AC.51/2014/3) adopted on 18 September 2014 by the Security Council Working Group on Children and Armed Conflicts pertaining to the parties in armed conflicts of the DRC, and welcoming efforts of the Government of the DRC in this regard,

Welcoming the efforts of MONUSCO and international partners in delivering training in human rights, international humanitarian law, gender mainstreaming, child protection and protection from sexual and gender-based violence for Congolese security institutions and underlining its importance,

Welcoming the efforts of the Government of the DRC, including the Presidential Adviser on Sexual Violence and the Recruitment of Children, to cooperate with the Special Representative of the Secretary-General for Children and Armed Conflict, the Special Representative of the Secretary-General on Sexual Violence, and MONUSCO, to implement the action plan to prevent and end the recruitment and use of children and sexual violence by the FARDC, and to combat impunity for conflict-related sexual violence, including sexual violence committed by the FARDC,

Taking note of the report of the Secretary-General (S/2014/181) which includes a list of parties credibly suspected of committing patterns of rape or other forms of sexual violence in situations of armed conflict, being on the Security Council agenda,

Reaffirming that the successful protection of civilians is critical to the fulfilment of MONUSCO’s mandate and the delivery of an improved security environment, also stressing the importance of peaceful means and progress on key reforms to promote the protection of civilians,

Reaffirming its strong support to the Special Representative of the Secretary-General for the DRC and MONUSCO in the implementation of their mandate, and strongly encouraging the continuation of their efforts,

Stressing the urgency of resuming joint operations between FARDC and MONUSCO against armed groups, welcoming that on 28 January 2016 the Government of the DRC and MONUSCO committed to resume cooperation with a view to carrying out joint military operations against the FDLR, as well as other armed groups, including the ADF, and strongly encouraging the urgent resumption of such operations,

Recalling that it is important that all MONUSCO contingents, including the contingents of the Intervention Brigade, are properly prepared and effectively equipped, staffed and supported to be able to sustain their commitment to carry out their respective tasks,

Reiterating its call on all parties to cooperate fully with MONUSCO and to remain committed to the full and objective implementation of the Mission’s mandate, reiterating its condemnation of any and all attacks against peacekeepers, and emphasizing that those responsible for such attacks must be held accountable,

Reiterating its call upon the Secretary-General to take all measures deemed necessary to strengthen United Nations field security arrangements and improve the safety and security of all military contingents, police officers, military observers, and especially unarmed observers,

Underlining the importance of MONUSCO deterring any threats to the implementation of its mandate,

Emphasizing that MONUSCO’s activities should be conducted in such a manner as to facilitate post-conflict peacebuilding, prevention of relapse into armed conflict and progress towards sustainable peace and development,

Determining that the situation in the DRC 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 7659th meeting, on 30 March 2016.