United Nations Security Council Resolution 2301 – The situation in the Central African Republic

Resolution 2301 (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), 2262 (2016), 2264 (2016), 2281 (2016), as well as resolution 2272 (2016), and its Presidential Statements S/PRST/2014/28 of 18 December 2014 and S/PRST/2015/17 of 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,

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; recognizing that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned, and recalling, in this regard, its Presidential Statement S/PRST/2015/22 of 25 November 2015,

Recalling that the CAR 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, through an inclusive process that involves men and women of all social, economic, political, religious and ethnic backgrounds, including, those displaced by the crisis,

Welcoming in this regard 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,

Noting with concern that while improving, the security situation in the CAR remains fragile, due to the continued presence of armed groups and other armed spoilers, as well as the ongoing violence, the lack of capacity of the national security forces, and the persistence of the root causes of the conflict,

Condemning the multiple violations of international humanitarian law and the widespread human rights violations and abuses, committed notably by both ex-Seleka elements and militia groups, in particular the “anti-Balaka”,

Condemning also the recent and ongoing acts of violence and criminality in Bangui, including the kidnapping of CAR police by armed groups, as well as incidents in the interior of the country, particularly in Ngaoundaye and Bambari, which have caused displacement of local populations, as well as by the recent attacks and abductions perpetrated by the Lord’s Resistance Army in the southeast since the beginning of the year,

Recalling 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 1 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 the United Nations Integrated Multidimensional Mission in the Central African Republic (MINUSCA) contingents and other international forces by armed groups or other perpetrators, underlining that attacks targeting peacekeepers may constitute war crimes, reminding all parties of their obligations under international humanitarian law and urging the CAR 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, including the Special Criminal Court (SCC) and underlining its support for the work of the Independent Expert on human rights in the CAR,

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,

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, as well as by non-United Nations forces, stressing the urgent need for Troop- and Police-contributing countries and, as appropriate, MINUSCA, to promptly investigate those allegations in a credible and transparent manner and for those responsible for such criminal offences or misconduct to be held to account, and further stressing the need to prevent such exploitation and abuse and to improve how these allegations are addressed,

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,

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,

Acknowledging in this respect the important contribution to the peace, stability or security of the CAR, of the Council-mandated sanctions regime renewed by resolution 2262 (2016), including its provisions related to the arms embargo, and its provisions related to individuals or entities designated by the Committee as engaging in or providing support for acts that undermine the peace, stability or security of the CAR, 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,

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 more than 418,000 internally displaced persons (IDPs), of the approximately 36,000 civilians trapped in enclaves, and of the more than 480,000 refugees in neighbouring countries, a large number of whom are Muslim, and further expressing concern at the consequences of the 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 CAR 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,

Reiterating also its appreciation for the efforts of the International Contact Group on the CAR, and encouraging all stakeholders to pursue their efforts,

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, and the holding of the Bangui Forum in May 2015, during which the Republican Pact for Peace, National Reconciliation and Reconstruction as well as agreements on the principles for disarmament, demobilization, reintegration and repatriation (DDR/R), justice and reconciliation, and security sector reform (SSR), and on the commitment by armed groups to end the recruitment and use of children and to release all children from their ranks, were adopted,

Welcoming the peaceful organization of a constitutional referendum on 13 December 2015 and legislative and presidential elections in December 2015, February and March 2016, as well as the inauguration of the President Faustin-Archange Touadéra on 30 March 2016,

Recalling the need for an inclusive, gender-sensitive 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,

Welcoming the successful conduct of pre-DDR activities which have contributed to reduce the presence of members of armed groups,

Underlining the need to support national, and to coordinate international, efforts towards the transformation of 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 work done by the European Union military advice mission (EUMAM-RCA), which provided, at the request of the CAR Authorities, expert advice on reforming the FACA and welcoming also the launch of an EU training mission (EUTM) which will extend the support provided to reform the FACA into multi-ethnic, professional, and representative armed forces, as indicated in the letter of the High Representative of the EU for Foreign and Security policy dated 30 May 2016,

Recalling its resolutions on the protection of civilians in armed conflict, including 2286 (2016) and 1894 (2009); its resolutions on Children and Armed Conflict including 2225 (2015) and its resolutions on Women, Peace and Security including 2106 (2013) and 2242 (2015), 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-Seleka and anti-Balaka as well as other armed groups including the Lord’s Resistance Army (LRA), and that women and girls continue to be violently targeted and victims of sexual and gender-based violence in the CAR,

Emphasizing that the continued role and contribution of the region, including the Economic Community of Central African States (ECCAS) as well as the African Union (AU) remains critical for the promotion of lasting peace and stability in the CAR, reiterating its appreciation for their ongoing efforts in this regard, 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) and the positive engagement of other International Organizations such as the Organisation Internationale de la Francophonie (OIF) and the Organization of Islamic Cooperation (OIC) for the CAR, and further welcoming the bilateral contributions of Member States to the stabilization of the CAR,

Calling on international partners to assist the CAR Authorities in building the institutional and operational capacities of national police, gendarmerie 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 2262 (2016) and the disarmament and repatriation of foreign armed elements,

Calling on international partners to urgently provide financial contributions to support the reform and stabilization programmes, including the national dialogue and reconciliation, the extension of State authority, accountability, DDR/R and SSR processes, and the restoration of the judicial and penal chains in order to fight against impunity, in view of the international support conference to be held in Brussels in November 2016,

Stressing the need to implement MINUSCA’s mandate, based on the prioritization of tasks, and, when relevant, in a phased manner,

Welcoming the Special Report of the Secretary-General of 22 June 2016 (S/2016/565) on the Strategic Review of MINUSCA,

Taking note of the letters sent by CAR President Faustin-Archange Touadéra to the Security Council dated 9 May 2016 and 17 May 2016 and by which the President called for the extension of the urgent temporary measures created by resolution 2149 (2014), and the support of the United Nations in supporting the sustainable reduction of the presence of armed groups through a comprehensive approach,

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 7747th meeting, on 26 July 2016.