United Nations Security Council Resolution 2360 – The situation concerning the Democratic Republic of the Congo

Resolution 2360 (2017)

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC),

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,

Stressing the primary responsibility of the Government of the DRC for ensuring security in its territory and protecting its populations with respect for the rule of law, human rights and international humanitarian law, including protection from crimes against humanity and war crimes,

Taking note of the interim report (S/2016/1102) of the Group of Experts on the DRC (“the Group of Experts”) established pursuant to resolution 1533 (2004) and extended pursuant to resolutions 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021 (2011), 2078 (2012), 2136 (2014), 2198 (2015) and 2293 (2016),

Condemning in the strongest terms the killing of two members of the Group of Experts who were monitoring the sanctions regime in the Kasaï Central region, expressing its deepest sympathy to the families of the victims, the Governments of the United States, Chile and Sweden, as well as to the Group of Experts on the DRC and the UN Secretariat, and further expressing concern over the unknown status of the four Congolese nationals accompanying them,

Reiterating the need for the Government of the DRC to swiftly and fully investigate the killing of the two members of the Group of Experts and bring the perpetrators to justice, calling upon the Government of the DRC to cooperate with the United Nations enquiries, as well as with law enforcement investigations that may be conducted by Sweden or the United States, in accordance with DRC national legislation, and in this context, welcoming the Secretary General’s establishment of a UN Board of Inquiry to investigate the deaths of the two experts and his commitment that the United Nations will do everything possible to ensure that the perpetrators are brought to justice,

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,

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, and reiterating its strong condemnation of any and all internal or external support to armed groups active in the region, including through financial, logistical or military support,

Remaining greatly concerned by the security and humanitarian situation that continues to severely affect the civilian population, expressing deep concern regarding the recent surge in the number of internally displaced persons in the DRC, further reiterating its deep concern regarding the ongoing military activities of foreign and domestic armed groups and the smuggling of Congolese natural resources, in particular gold and ivory, stressing the importance of neutralizing all armed groups, including 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, in line with resolution 2348 (2017),C

Condemning the violence witnessed in the Kasai region over recent months and expressing serious concerns at alleged violations and abuses of human rights committed in the region, reiterating its serious concern at serious violations of international humanitarian law committed by local militia in that region, recruitment and use of children in armed conflict in violation of applicable international law, as well as attacks on the Democratic Republic of the Congo security forces and symbols of State authority, further reiterating its serious concerns at the recent reports of 42 mass graves and of killings of civilians by members of the security forces of the Democratic Republic of the Congo, all of which might constitute war crimes under international law,

Reiterating the importance and urgency of prompt and transparent investigations into violations of international humanitarian law and violations and abuses of human rights in the Kasais region, further reiterating its intention to closely monitor progress of the investigations into these violations, including the disproportionate use of force, which will be conducted jointly by the Government of the DRC, MONUSCO and the United Nations Joint Human Rights Office in the DRC, and in collaboration with the AU, as announced by the Government of the DRC, in order to bring to justice and hold accountable all those responsible, and looking forward to their results, Condemning the brutal killings of more than 600 civilians in the Beni area since October 2014, expressing deep concern regarding the continued threat posed by armed groups, in particular the ADF, and the persistence of violence in this region, further expressing concern at reports of collaboration between elements of the FARDC and armed groups at a local level, in particular recent reports of individual officers of the FARDC playing a role in the insecurity in the region of Beni, calling for investigations in order to ensure that those responsible are held to account, noting the commitment expressed by the Government of the DRC in its letter of 15 June 2016 (S/2016/542),

Expressing further concern at increased impediments to humanitarian access in eastern DRC resulting from insecurity and violence, as well as continued attacks against humanitarian actors and assets, underlining that such acts could be the basis for designation pursuant to paragraph 2 of this resolution, and calling upon all parties in the conflict to respect the impartiality, independence and neutrality of humanitarian actors,

Reaffirming the importance of completing the permanent demobilization of the former 23 March Movement (M23) combatants, stressing the importance of ensuring that its ex-combatants do not regroup or join other armed groups, and calling for the acceleration of the implementation of the Nairobi Declarations and of the Disarmament, Demobilisation, Repatriation, Reintegration and Resettl ement (DDRRR) of M23 ex-combatants, including by overcoming obstacles to repatriation, in coordination with the regional States concerned,

Condemning the illicit flow of weapons within and into the DRC, including their recirculation to and between armed groups, in violation of resolutions 1533 (2004), 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021 (2011), 2078 (2012), 2136 (2014), 2198 (2015) and 2293 (2016), and declaring its determination to continue to monitor closely the implementation of the arms embargo and other measures set out by its resolutions concerning the DRC,

Acknowledging in this respect the important contribution the Council-mandated arms embargo makes to countering the illicit transfer of small arms and light weapons in the DRC, and in supporting post-conflict peacebuilding, disarmament, demobilization and reintegration of ex-combatants and security sector reform,

Underlining that the transparent and effective management of its natural resources and ending illegal smuggling and trafficking of such resources are critical for the DRC’s sustainable peace and security, 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, commending the efforts of the DRC park rangers and others who seek to protect such areas, encouraging the Government of the DRC to continue efforts to safeguard these areas, and stressingits full respect for the sovereignty of the Government of the DRC over its natural resources and its responsibility to effectively manage these resources in this regard,

Recalling the linkage between the illegal exploitation of natural resources, including poaching and illegal trafficking of wildlife, illicit trade in such resources, and the proliferation and trafficking of arms as one of the major factors fuelling and exacerbating conflicts in the Great Lakes region, and encouraging the continuation of the regional efforts of the International Conference of the Great Lakes Region (ICGLR) and the governments involved against the illegal exploitation of natural resources, and stressing, in this regard, the importance of regional cooperation and deepening economic integration with special consideration for the exploitation of natural resources,

Noting the Group of Experts’ findings that there have been positive efforts related to the minerals trade and traceability schemes but that gold remains a s erious challenge, recalling the ICGLR’s Lusaka Declaration of the Special Session to Fight Illegal Exploitation of Natural Resources in the Great Lakes Region and its call for industry due diligence, commending the ICGLR’s commitment and progress on this issue and underscoring that it is critical for regional governments and trading centres, particularly those involved in gold refining and the gold trade to intensify efforts to increase vigilance against smuggling and reduce practices that could undermine the DRC and ICGLR’s regional efforts,

Noting with concern reports indicating the continued involvement of armed groups, as well as some elements of the FARDC, in the illegal minerals trade, the illegal production and trade of charcoal and wood, and wildlife poaching and trafficking,

Noting with great concern the persistence of serious human rights abuses and international humanitarian law violations against civilians in the eastern part of the DRC, including summary executions, sexual and gender- based violence and large scale recruitment and use of children committed by armed groups,

Recalling that full and timely implementation of the 31 December 2016 agreement is critical in supporting the legitimacy of the transitional institutions, stressing the crucial importance of a peaceful and credible electoral cycle, in accordance with the Constitution and respecting the African Charter on Democracy, Elections and Governance, for lasting stabilisation and consolidation of constitutional democracy in the DRC, and calling for the immediate implementation of confidence-building measures, as per the agreement, including by putting an end to restrictions of the political space in the DRC, in particular arbitrary 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 opinion and expression, including freedom of the press, further stressing the importance of the Government of the DRC and its national partners taking all necessary steps to accelerate preparations for the elections without further delays, including participation of women at all levels and to ensure an environment conducive to the peaceful and inclusive conduct of political activities, and the holding of elections, as per the 31 December agreement,

Remaining deeply concerned by reports of an increase in serious human rights and international humanitarian law violations committed by some members of the FARDC, the National Intelligence Agency, the Republican Guard and Congolese National Police (PNC), urging all parties to refrain from violence and provocation as well as to respect human rights, and emphasizing that the Government of the DRC must comply with the principle of proportionality in the use of force,

Recalling the importance of fighting against impunity within all ranks of its security forces, and stressing the need for the Government of the DRC to continue its efforts in this regard and to ensure the professionalism of its security forces,

Calling for all those responsible for violations of international humanitarian law and violations or abuses of human rights including those involving violence or abuses against children and acts of sexual and gender-based violence, to be swiftly apprehended, brought to justice and held accountable,

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

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,

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,

Underlining the fundamental importance of timely and detailed notifications to the Committee concerning arms, ammunition and training as set out in section 11 of the Guidelines of the Committee,

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 7981st meeting, on 21 June 2017.