United Nations Security Council Resolution 2399 – The situation in the Central African Republic

Resolution 2399 (2018)

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), 2301 (2016), 2339 (2017), 2387 (2017) as well as resolution 2272 (2016), and the Statements of its President of 18 December 2014 (S/PRST/2014/28), 20 October 2015 (S/PRST/2015/17), 16 November 2016 (S/PRST/2016/17), 4 April 2017 (S/PRST/2017/5), and 13 July 2017 (S/PRST/2017/9),

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 CAR bears the primary responsibility to protect all populations within its territory from genocide, war crimes, ethnic cleansing and crimes against humanity,

Expressing concern at the deterioration of the security situation, in particular in the south-eastern part and the north-western part of the CAR, due to the ongoing clashes between armed groups and other armed spoilers in their attempts to forcefully gain control of territory and resources and destabilize the country, as well as the lack of capacity of the national security forces, the limited authority of the State over all of the CAR territory, and the persistence of the root causes of the conflict,

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,

Calling upon the CAR authorities to continue their efforts to implement transparent and inclusive measures that allow for stabilization and reconciliation in the CAR and 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 achieve the reform of 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 inclusive and effective disarmament, demobilization, reintegration and repatriation (DDRR) of armed groups, including children formerly associated with them and to prevent the re-recruitment of the latter; 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,

Welcoming the African Initiative for Peace and Reconciliation in the CAR that led to the adoption of the roadmap by the ministerial conference held in Libreville on 17 July 2017 by the CAR authorities, the African Union, the Economic Community of Central African States (ECCAS), the International Conference on the Great Lakes region (ICGLR) with the support of Angola, Chad, Congo and Gabon, and reaffirming that this Initiative and this roadmap constitute the main framework for a political solution in the CAR, as agreed by CAR authorities and under their leadership,

Encouraging the CAR authorities, in collaboration with the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) and the European Union Training Mission in the CAR (EUTM-RCA), to provide equal opportunities for members of armed groups, whether anti-Balaka or ex-Séléka, in the process of selecting eligible demobilized members to integrate into the national security and defence forces, welcoming in this regard the launch of the DDRR pilot project, and further encouraging the CAR authorities to ensure that FACA soldiers of all prefectures enjoy equal access to the registration and simplified verification process,

Underlining the importance of rebuilding a multi-ethnic, republican and professional national army in the CAR, recognizing in this regard the work carried out by the EUTM-RCA, welcoming the support of other international and regional partners to the training of the national security and defence forces in support of the CAR authorities, and encouraging effective coordination with MINUSCA and EUTM-RCA,

Calling upon the CAR authorities 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, and further calling for support for the CAR government to develop a comprehensive strategy on sexual and gender-based violence to reduce overall levels of sexual violence,

Welcoming the commitment of the Secretary-General to enforce strictly his zero-tolerance policy on sexual exploitation and abuse (SEA), noting the various measures taken by MINUSCA and Troop- and Police-contributing countries to combat SEA, which has led to a reduction in reported cases, but still expressing grave concern over numerous allegations of SEA 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 cases in a credible and transparent manner and to hold accountable those responsible for such criminal offences or misconduct, and further stressing the need to prevent such exploitation and abuse and to improve how these allegations are addressed in line with resolution 2272 (2016),

Welcoming the Secretary-General’s Report of 16 October 2017 (S/2017/865) submitted pursuant to resolution 2301 (2016), and taking note of his letter dated 10 July 2017 addressed to the President of the Security Council (S/2017/597) pursuant to paragraph 29 of resolution 2339 (2017),

Further welcoming also the mid-term update and the final report (S/2017/1023) of the Panel of Experts on the CAR established pursuant to resolution 2127 (2013), expanded by resolution 2134 (2014) and extended pursuant to resolution 2339 (2017), and taking note of the Panel of Experts’ recommendations,

Strongly condemning the ongoing violence and instability in the CAR, and the threats of violence, incitement to ethnic and religious hatred and violence, human rights violations and abuses and international humanitarian law violations, as well as sexual and gender-based violence, in particular against children, committed notably by both ex-Seleka and anti-Balaka elements and other armed groups; the attacks and incitement to violence against United Nations peacekeepers and humanitarian personnel; the continuous cycle of provocations and reprisals by armed groups, both inside and outside 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,

Stressing the urgent and imperative need to end impunity in the CAR and to bring to justice perpetrators of these acts, some of which 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 authorities in this regard,

Stressing the importance of putting in place an effective national judicial system, underlining the need to bolster national accountability mechanisms, including through further implementation of the 7 August 2014 Memorandum of Understanding (MoU) on Urgent Temporary Measures, welcoming in this regard the progressive operationalization of the Special Criminal Court (SCC) to investigate and prosecute serious crimes committed in the CAR, and recalling the importance of continuous support of the international community to this process pursued by the CAR authorities,

Emphasizing that those engaging in or providing support for acts that undermine the peace, stability or security of the CAR, threaten or impede the political stabilization and reconciliation process, target civilians and attack peacekeepers may meet criteria for designation under sanctions as stated in this resolution,

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 the CAR,

Recalling the Kimberley Process (KP) Administrative Decision on Resumption of Exports of Rough Diamonds from the CAR, its annexed Operational Framework, and the work of the KP Monitoring Team for CAR, and recognizing the need to strengthen the efforts of the CAR Authorities and the KP, to responsibly and progressively, through pre-established “compliant zones”, reintegrate the 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 south-eastern part of the CAR having carried out the killing and abduction of civilians, including children and women,

Further 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 activities, such as those 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, DDRR and Security sector reform (SSR) processes, recalling its resolutions 2117 (2013), 2127 (2013), 2220 (2015), 2262 (2016) and 2339 (2017) 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 the importance of all Member States’ full implementation of the measures set out in resolutions 2127 (2013), 2134 (2014), 2196 (2015), 2262 (2016), 2339 (2017) 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) (the Committee),

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,

Further noting with concern the reports that funds, financial assets and economic resources of listed individuals and entities have still not been frozen, and underlining the obligation of Member States and CAR authorities to do so without further delays,

Welcoming efforts by the Chair of the Committee and the President of the Security Council to support and strengthen the implementation of the measures imposed pursuant to resolution 2339 (2017) through engagement with Member States, especially regional States,

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 8169th meeting, on 30 January 2018.