United Nations Security Council Resolution 2717 – The situation concerning the Democratic Republic of the Congo (MONUSCO)

Resolution 2717 (2023)

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC), especially its previous resolutions regarding the mandate of the United Nations Organisation Stabilisation Mission in the DRC (MONUSCO) and the sanctions regime established by resolutions 1493 (2003) and 1807 (2008) and the presidential statement S/PRST/2023/5,

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,

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

Taking full note of the Secretary-General 2nd August 2023 report pursuant to paragraph 44 of resolution 2666 (2022), of the letter of 1st September, 2023 from the Deputy-Prime Minister, Minister of Foreign Affairs of the DRC, Mr. Christophe Lutundula Apala Pen’Apala, on the accelerated withdrawal of MONUSCO from the end of 2023, and of the comprehensive disengagement plan submitted to the Security Council by the Joint Working Group of MONUSCO and the Government of the DRC November 21,

Underlining in this regard that the Mission’s withdrawal should be accompanied by a simultaneous strengthening of the State’s capabilities and authority, in particular the presence of State defence and security forces to avoid any security gaps, beginning with South Kivu, in order to ensure effective protection of civilians and calling on all international partners to provide adequate support to the Government of DRC 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 from international crimes, recognising the persistent security challenge threatening civilians, also underlining the importance of national efforts to restore State authority in all parts of the country to overcome the threats posed by armed groups,

Expressing concern about the escalation of violence in the eastern Democratic Republic of Congo (DRC) and the sustained tension between Rwanda and the DRC, and noting that the DRC continues to suffer from recurring and evolving cycles of conflict and persistent violence by foreign and domestic armed groups, including the Mouvement du 23 Mars (M23), the Coopérative pour le développement du Congo (CODECO), the Allied Democratic Forces (ADF), the Forces démocratiques de libération du Rwanda (FDLR), the Zaïre/FPAC, the Résistance pour un Etat de droit (RED-Tabara), Mai-Mai groups, Twirwaneho, and several other domestic and foreign armed groups, and their violations of international humanitarian law as well as other applicable international law, and abuses of human rights, which exacerbate a deeply concerning security, human rights and humanitarian crisis, as well as inter-communal and militia violence in areas of the DRC,

Expressing concern over reported links between the Allied Democratic Forces (ADF) and terrorist networks in eastern DRC, emphasising that such links may further exacerbate conflicts and contribute to undermining State authority and underscoringthat there can be no purely military solutions to these problems as well as the importance of a holistic approach to counter terrorism carried out in accordance with applicable international law,

Recognising the efforts of the Government and the people of the DRC aiming at the achievement of peace and national development, as well as regional support and engagement, further recognising the efforts of the Armed Forces of the DRC (FARDC) and MONUSCO in addressing the threat posed by armed groups in the DRC,

Remaining deeply concerned by high levels of violations and abuses of human rights and violations of international humanitarian law in parts of the country, committed by all parties and particularly by armed groups, as well by the intensification of intercommunal violence fuelled by hate speech, misinformation and disinformation, including through social media platforms,

Reaffirming the important role of women and youth in the prevention, management and resolution of conflicts, as well as in peacebuilding and electoral processes and stressing the importance of their full, equal, meaningful and safe participation in all efforts for the maintenance of and promotion of peace and security in the DRC,

Expressing great concern over the humanitarian situation that has left an estimated 26.4 million Congolese in need of humanitarian assistance, and the growing number of internally displaced persons in the DRC, with 6.9 million estimated to have been displaced to date, and the 1,058,000 refugees in the DRC, as well as the more than 1 million refugees from the DRC in Africa as a result of ongoing hostilities, encouraging member States to commit to a more equitable sharing of the burden and responsibility for hosting and supporting refugees in the DRC in line with the Comprehensive Refugee Response Framework, further calling upon the DRC and all States in the region to work towards a peaceful environment conducive to the realisation of durable solutions for refugees and internally displaced persons, including their voluntary, safe and dignified return and reintegration in the DRC, with the support of the United Nations Country Team (UNCT) and humanitarian actors, and stressing that any such solution should be in line with relevant obligations under international refugee law, international humanitarian law and international human rights law,

Recalling the UN guiding principles of humanitarian emergency assistance and humanitarian principles of humanity, neutrality, impartiality and independence,

Calling upon all parties to armed conflicts to engage immediately in a durable humanitarian pause, in order to enable the safe, timely, unhindered and sustained delivery of humanitarian assistance consistent with the humanitarian principles of humanity, neutrality, impartiality and independence,

Noting the importance of commercial trade of food, fuel and other essential commodities to meet civilians’ basic survival needs,

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, welcoming efforts of the Government of the DRC in this regard and to implement resolution 1325 (2000), stressing the importance of localized approaches to addressing women’s needs in conflict, also recalling the conclusions on children and armed conflict in the DRC adopted on 19 December 2022 by the Security Council Working Group on Children and Armed Conflict pertaining to the parties in armed conflicts of the DRC, expressing grave concern over the high number of violations and abuses against children, in particular the increase in recruitment and use, as well as sexual and gender-based violence being committed by armed groups and some members of the security forces and calling on all actors to contribute to therehabilitation and reintegration of children formerly associated with armed groups and forces,

Recognising the adverse effects of climate change, ecological changes, natural disasters, and lack of energy access, among other factors, on the stability of the DRC, noting the importance of considering these effects, among other factors, on relevant programmes in the country, welcoming the leadership of the DRC in the development of national strategies to address these issues and in the preservation of the Congo basin forest, expressing concern regarding the activities of armed groups in protected areas that lead to environmental damage and acknowledging the United Nations Framework Convention on Climate Change and the Paris Agreement,

Reiterating the necessity for MONUSCO to fully implement its mandate in accordance with relevant Security Council resolutions, using all means at its disposal to effectively address the threat posed by armed groups and other security threats, in the context of increased armed conflict in the DRC,

Reiterating its call on all parties to cooperate fully with MONUSCO and to remain committed to the full and objective implementation of the Mission’s mandate, including during the whole withdrawal process, further reiterating the importance of continued compliance with the Status of Forces Agreement, including the unhindered entry and rotation of MONUSCO’s peacekeepers and their equipment, and its condemnation of any and all attacks against peacekeepers, which may constitute war crimes, and emphasising that those responsible for such attacks must be held accountable,

Reiterating the importance of adequately resourcing United Nations peace operations during mission transitions and recalling resolution 2594 (2021) on United Nations peace operations transitions in this regard,

Underscoring the importance of strategic communications to the implementation of MONUSCO’s mandate and to the safety and security of its peacekeepers,

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 9512th meeting, on 19 December 2023