United Nations Security Council Resolution 2641 – The situation concerning the Democratic Republic of the Congo

Resolution 2641 (2022)

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 emphasising the need to respect fully the principles of non-interference, good neighbourliness and regional cooperation,

Taking note of the final report (S/2022/479) 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), 2293 (2016), 2360 (2017) 2424 (2018), 2478 (2019), 2528 (2020) and 2582 (2021),

Expressing concern at the continued presence of domestic and foreign armed groups in eastern DRC and the suffering they impose on the civilian population of the country, including from human rights abuses, and at reported links between the ADF and terrorist networks, which may further exacerbate conflicts and contribute to undermining State authority, further expressing concern at the continued illegal exploitation and trade of natural resources, which enable these armed groups to operate, welcoming the diplomatic engagement undertaken by the States of the region to foster peace and reconciliation in the region, including the Conclaves of the East African Community Heads of State on the peace and security situation on the eastern part of the DRC in Nairobi, Kenya, acknowledging the outcomes of the Conclaves and the commitments to contribute to reconciliation, stabilisation and securing lasting peace in the DRC, and calling on all signatory States to fully implement their commitments per the Peace and Security Framework for the DRC and the Region,

Taking note of the verdict rendered on 29 January 2022 by the Military Court of Ex-Kasai Occidental and of efforts towards ensuring accountability, reiterating the need for the Government of the DRC to fully investigate the killing of the two members of the Group of Experts and the four Congolese nationals accompanying them and bring those responsible to justice, welcoming the work of the United Nations team, known as the Follow-On Mechanism, deployed to assist the Congolese authorities in their investigations, in agreement with the Congolese authorities, and further welcoming their continued cooperation,

Stressing the importance of enhancing the safe and effective management, storage and security of stockpiles of weapons and ammunition, including to reduce the risk of diversion to armed groups of source materials for improvised explosive devices,

Stressing that the measures imposed by this resolution are not intended to have adverse humanitarian consequences for the civilian population of the DRC,

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,

1. Decides to renew until 1 July 2023 the measures as set out in paragraphs 1 to 6 of resolution 2293 (2016), including its reaffirmations therein;

2. Reaffirms that measures described in paragraph 5 of resolution 2293 (2016) shall apply to individuals and entities as designated by the Committee, as set forth in paragraph 7 of resolution 2293 (2016), paragraph 3 of resolution 2360 (2017)and paragraph 3 of resolution 2582 (2021);

3. Decides that the measures referred to in paragraph 2 above shall apply to individuals and entities as designated by the Committee for involvement in the production, manufacture or use in the DRC of improvised explosive devices, or in the commission, planning, ordering, aiding, abetting or otherwise assistance of attacks in the DRC with improvised explosive devices;

4. Reiterates that the measures set forth in paragraph 1 of resolution 1807 (2008) continue to apply to all non-governmental entities and individuals operating in the territory of the DRC;

5. Decides that the notification requirements set out in paragraph 5 of resolution 1807 (2008) shall no longer apply to (a) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, and (b) to shipments of arms and related materiel for the DRC except in relation to items in Annex A of this resolution, which remain subject to the applicable notification procedures;

6. Affirms its readiness to further review the appropriateness of measures contained in this resolution, including any modification, suspension or lifting of the measures, as may be needed in light of progress achieved, of compliance with this resolution and of continued national efforts to ensure the safe and effective management, storage, monitoring and security of the national stockpiles of weapons and ammunition and to fight arms trafficking and diversion, with the assistance of international partners;

7. Demands that States ensure that all measures taken by them to implement this resolution comply with their obligations under international law, including international humanitarian law, international human rights law and international refugee law, as applicable;

8. Decides to extend until 1 August 2023 the mandate of the Group of Experts, as set forth in paragraph 6 of resolution 2360, expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 1 July 2023, and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to re-establish the Group of Experts, in consultation with the Committee, drawing, as appropriate, on the expertise of the members of the Group established pursuant to previous resolutions;

9. Calls for enhanced cooperation between all States, particularly those in the region, and the Group of Experts and requests the Group of Experts to provide to the Council, after discussion with the Committee, a mid-term report no later than 30 December 2022, and a final report no later than 15 June 2023, as well as submit monthly updates to the Committee, except in the months where the mid-term and final reports are due;

10. Reaffirms the reporting provisions as set out in resolutions 2360 (2017)and 2478 (2019);

11. Recalls the Guidelines of the Committee for the Conduct of its Work as adopted by the Committee on 6 August 2010, and calls on Member states to use, as appropriate, the procedures and criteria therein, including on the issues of listing anddelisting and recalls resolution 1730 (2006) in that regard;

12. Recalls the Secretary General’s commitment that the United Nations will do everything possible to ensure that the perpetrators of the killing of the two members of the Group of Experts and the four Congolese nationals accompanying them are brought to justice and stresses the importance of a continued deployment by the Secretary General of the Follow-on Mechanism, currently comprising a senior United Nations official, four technical experts and support staff, to the Democratic Republic of the Congo to assist with the national investigation, within existing resources;

13. Decides to remain seized of the matter

Adopted by the Security Council at its 9084th meeting, on 30 June 2022.