United Nations Security Council Resolution 2463 – The situation concerning the Democratic Republic of the Congo

Resolution 2463 (2019)

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC), especially its resolutions 2424 (2018), 2409 (2018), 2389 (2017), and previous resolutions regarding the mandate of MONUSCO and the sanctions regime established by resolutions 1493 (2003) and 1807 (2008),

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,

Welcoming the peaceful holding of the presidential, national and provincial elections in the DRC, commending the millions of Congolese people who went to the polls calmly and with determination, leading to the first peaceful transfer of power between Heads of State in the DRC, despite technical, logistical and security challenges and the decision to suspend the vote in certain parts of the country for specific health and security reasons, and welcoming the use of legal mechanisms by those who sought to dispute the outcome of the elections,

Stressing the crucial importance of the full completion of the current electoral cycle, including the outstanding legislative by-elections, and of peaceful, transparent, inclusive and credible local elections in accordance with the Constitution and Electoral Law, calling upon all parties to continue to reject violence of any kind, exercise maximum restraint in their actions and statements, to refrain from provocations such as violence and speeches inciting violence, so as not to inflame the situation, and to address their differences peacefully, noting the example set by the 31 December 2016 “comprehensive and inclusive political agreement” in that regard,

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,

Welcoming the preliminary actions taken by President Tshisekedi to put 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, freedom of the press, and the right of peaceful assembly, and encouraging further measures towards the prompt achievement of this objective,

Noting that the DRC has continued to suffer from recurring and evolving cycles of conflict and persistent violence by armed groups, expressing particular concern at the reports of inter-communal and militia violence in areas of the DRC, as well as the continued presence of foreign armed groups, while at the same time welcoming the expression of readiness by some armed groups to lay down their weapons and, in that regard, calling upon the Government of the DRC and its partners to urgently provide adequate and timely support for the disarmament, demobilisation and reintegration (DDR) of former combatants, and calling upon all parties to take appropriate measures to protect civilians, as well as protect and respect United Nations, diplomatic and foreign premises, property and personnel in the DRC,

Reiterating its deep concern regarding the security and humanitarian crisis in the DRC exacerbated by destabilizing activities of foreign and domestic armed groups, stressing the importance of addressing the threat posed by armed groups in the DRC, and recognizing the importance of efforts of the Armed Forces of the DRC (FARDC) and the United Nations Organization Stabilisation Mission in the DRC (MONUSCO), including by conducting joint operations, in accordance with its mandate and the human rights due diligence policy on United Nations-support to non-United Nations forces (HRDDP),

Remaining deeply concerned by the persistent high levels of violence and violations and abuses of human rights and violations of international humanitari an law in parts of the country, condemning in particular those involving targeted attacks against civilians, widespread sexual and gender-based violence, recruitment and use of children by armed groups and militias, the forced displacement of significant numbers of civilians, extrajudicial executions and arbitrary arrests, recognizing their deleterious effect on the stabilisation, reconstruction and development efforts in the DRC, and emphasizing that all acts of violence must be investigated and those responsible for all such violations and abuses must be swiftly brought to justice and held accountable, and calling upon the Government of the DRC to facilitate, in line with previous agreements, full and unhindered access for the Joint Human Rights Office in the DRC (UNJHRO) to all detention centres, hospitals and morgues and all other premises required for documenting human rights violations, as applicable,

Emphasizing the need for the Government of the DRC to respect human rights and refrain from disproportionate use of force, and welcoming the commitments and actions of President Tshisekedi in that regard, as well as his commitment to combat impunity in all areas, while remaining deeply concerned by reports of serious violations and abuses of human rights and violations of international humanitarian law committed by some members of the Armed Forces of the DRC (FARDC), the National Intelligence Agency (ANR), the Republican Guard and Congolese National Police (PNC) in 2018,

Reiterating its concern over the lack of progress in the investigations and prosecutions against alleged perpetrators of human rights violations and abuses committed during the 2011 electoral process, in January 2015, September and December 2016, in December 2017, and January, February and December 2018, and calling for further efforts to hold those responsible to account and fight impunity,

Recalling the importance of fighting impunity within all ranks of FARDC and PNC, commending the DRC authorities for prosecutions and convictions of membersof the FARDC and PNC for crimes against humanity and encouraging them to take further action, and stressing the need for the Government of the DRC to continue to ensure the increased professionalism of its security forces, including training a nd capacity building of security personnel to fully respect domestic and international human rights law, as well as international humanitarian law,

Reaffirming that the Peace, Security and Cooperation (PSC) Framework for the DRC and the region remains an essential mechanism to achieve durable peace and stability in the DRC and the region, recalling the strategic importance of its implementation, and reiterating its call to all signatories to fulfil promptly, fully and in good faith their respective commitments under this Framework in order to address the root causes of conflict and put an end to recurring cycles of violence, and promote lasting regional development,Recalling that it is prepared to impose targeted sanctions under paragraph 7 (d) and (e) of its resolution 2293 (2016), regarding inter alia human rights violations or abuses or violations of international humanitarian law,

Recalling the continued cooperation with the International Criminal Court (ICC) by the Government of the DRC following the decision made by the Prosecutor of the ICC in June 2004 to open, following the request of the Government of the DRC, an investigation into alleged crimes committed in the context of armed conflict in the DRC since 2002, and stressing the importance of actively seeking to hold accountable those responsible for genocide, war crimes and crimes against humanity in the country,

Encouraging the continuation of efforts by the Secretary-General of the United Nations, the African Union (AU), the International Conference on the Great Lakes Region (ICGLR), and the Southern African Development Community (SADC) to restore peace and security in the 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,

Reaffirming the important role of women and youth in the prevention and resolution of conflicts, and in peacebuilding, stressing the importance of their full, equal and effective participation in all efforts for the maintenance of and promotion of peace and security in the DRC,

Expressing concern at the illegal exploitation and trafficking of natural resources, particularly timber, so-called “conflict minerals”, particularly gold, as well as charcoal and wildlife, by armed groups and criminal networks supporting them among others, 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 strengthen efforts to safeguard those areas, further encouraging member States of ICGLR and regional economic communities to further increase cooperation in fighting illegal exploitation and trade of natural resources, including through the responsible mineral sourcing supply chain due diligence,

Expressing great concern over the humanitarian situation that has left at least 12.8 million Congolese in need of humanitarian assistance, further expressing deep concern regarding the growing number of internally displaced persons in the DRC with 2.1 million estimated to have been displaced in 2018, and the 531,000 refugees in the DRC, as well as the more than 781,000 refugees from the DRC in Africa as a result of ongoing hostilities, further calling upon the DRC and all States in the region to work towards a 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, withthe support of the United Nations Country Team (UNCT), 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 commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population, calling on member States and other international partners to scale up funding to urgently respond to the humanitarian needs in the country,

Expressing grave concern about the most recent outbreak of the Ebola virus in the DRC, which has affected more than 1000 people and claimed the lives of more than 600 people to date, commending the Government of the DRC for its leadership in responding to the outbreak, further commending the efforts of all humanitarian and health workers on the ground including those under the coordination of the World Health Organization (WHO), including by implementing preparedness and operational plans and collaboration with governments of the region and thos e providing assistance and calling on them to increase information sharing and coordination, and welcoming the support provided by MONUSCO,

Recalling all its relevant resolution on the protection of humanitarian and medical personnel, including resolutions 2439 (2018) and 2286 (2016) and expressing further concern at increased impediments to humanitarian access in eastern DRC resulting from insecurity and violence, condemning in that regard the continued attacks against humanitarian actors and assets, including in particular those perpetrated against humanitarian workers and medical personnel responding to the Ebola outbreak, which risk jeopardizing the response, calling upon all parties to respect the impartiality, independence and neutrality of humanitarian actors, and underlining the need for safe and unhindered access for humanitarian actors,

Recalling all its relevant resolutions on women, peace and security, on youth, peace and security, on children and armed conflict, and on the protection of civilians in armed conflict, also recalling the conclusions on children and armed conflict in the DRC (S/AC.51/2018/2) adopted on 7 August 2018 by the Security Council Working Group on Children and Armed Conflict pertaining to the parties in armed conflicts o f the DRC, and welcoming efforts of the Government of the DRC in this regard, further welcoming efforts by the Government of the DRC to implement resolution 1325 (2000) and encouraging the implementation of the National Action plan,

Welcoming the progress achieved by the Government of the DRC, including the Presidential Adviser on Sexual Violence and the Recruitment of Children, in cooperation with the Special Representative of the Secretary-General (SRSG) for Children and Armed Conflict, the SRSG on Sexual Violence in Conflict, and MONUSCO, to implement the action plans to prevent and end the recruitment and use of children and sexual violence by the FARDC, and to combat impunity for sexual violence in conflict, including sexual violence committed by the FARDC and the PNC, as highlighted by the Secretary General in his report S/2018/250, further welcoming the work carried out by MONUSCO child protection advisors, the UN Country Team involved in DRC in order to prevent and eliminate violations and abuses committed against children, including those involving the recruitment and use of children in armed conflict, recalling that such violations may lead to sanctions under paragraph 7(d) of resolution 2293 (2016), and further calling on all actors to contribute to the rehabilitation and reintegration of children formerly associated with armed conflict,

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 their importance,

Recognizing the important use of confidence-building, facilitation, mediation, and community engagement, and the need for MONUSCO, as appropriate and when possible, to continue to explore how it can use these techniques to enhanc e its ability to support the Mission’s protection, information gathering and situational awareness, and to implement its mandated tasks, including to protect civilians,

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 MONUSCO and Troop- and Police-contributing countries (T/PCCs) to combat SEA, which has led to a reduction in reported cases, but still expressing grave concern over allegations of SEA reportedly committed by peacekeepers and civilian personnel in the DRC, emphasizing the need to ensure that incidents can be reported, including by MONUSCO personnel, and duly verified in a safe and simple manner, stressing the urgent need for T/PCCs and, as appropriate, MONUSCO 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 in line with resolution 2272 (2016),

Reiterating its call on all parties to cooperate fully with MONUSCO and toremain 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,

Emphasizing that MONUSCO’s activities should be conducted in such a manner as to build and sustain peace and facilitate progress towards sustainable peace and development, so as to reduce the level of threat posed by domestic and foreign armed groups to a level that can be managed by the DRC’s security forces, and that progress in the fight against impunity is critical for the security forces are to no longer be perceived as a threat to civilians, stressing the need to involve the UNCT and, in this regard, emphasizing the importance of joint analysis and effective strategic planning with the UNCT,

Welcoming the commitment of the Congolese authorities to closely collaborate with MONUSCO and their support to a reconfiguration of the Mission, which the Security Council intends to enact, taking into account the strategic review as per paragraph 45 below,

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 8498th meeting, on 29 March 2019