5048th Meeting (PM)
SECURITY COUNCIL EXTENDS DEMOCRATIC REPUBLIC OF CONGOMISSION UNTIL 31 MARCH 2005,
AUTHORIZES ADDITIONAL 5,900 TROOPS, POLICE
Unanimously Adopts Resolution 1565 (2004)
Extending the deployment of the United Nations Mission in the Democratic Republic of the Congo until 31 March 2005, the Security Council today authorized an additional 5,900 personnel for the Mission and defined wide-ranging terms for its expanded capacity, giving it the authority to use “all necessary means” to carry out its tasks.
Acting under Chapter VII of the Charter, the Council unanimously adopted resolution 1565 (2004), by which it requested Secretary-General Kofi Annan to arrange the rapid deployment of additional military capabilities for the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) and to deploy all the brigades and appropriate force enablers in the provinces of North and South Kivu.
This action follows a recent appeal from the Secretary-General, who, following today’s vote, said the decision to expand the Mission’s strength by an additional 5,900 military and civilian police personnel would improve the Mission’s operational capacity, which was severely under-resourced at the moment. The new ceiling of 16,700, however, fell well below the figure of 23,900 troops and 507 civilian personnel he had recommended.
In view of that reduction, he said that MONUC would have to review the scope of the support it could provide to the peace process, as his original recommendations had been made on different assumptions. He had instructed the Department of Peacekeeping Operations to review the tasks that could be performed within the new ceiling, as the total military and police strength recommended was a minimum requirement to effectively meet the country’s current challenges. He, therefore, welcomed the Council’s intention to keep the Mission’s strength under review and hoped it would favourably revisit the issue.
Among the tasks assigned to the Mission today, the Council mandated MONUC to deploy and maintain a presence in the key areas of potential volatility to promote the re-establishment of confidence, discourage violence and allow United Nations personnel to operate freely, particularly in the eastern part of the country. The Mission was also tasked with ensuring the protection of civilians, including humanitarian personnel, under imminent threat of physical violence, and to seize or collect the arms and any related materiel whose presence in the territory of the country violated measures imposed by resolution 1493 (2003).
In support of the Government of National Unity and Transition, the Council also mandated the Mission to contribute to arrangements for the security of the institutions and the protection of officials of the Transition in Kinshasa until the integrated police unit for Kinshasa is ready to take on that responsibility, and assist the Congolese authorities in maintaining order in other strategic areas.
The Mission was also tasked with, among other things, supporting operations to disarm foreign combatants led by the Armed Forces of the Democratic Republic of the Congo, contributing to the successful completion of the electoral process stipulated in the Global and All Inclusive Agreement, and assisting in the promotion and protection of human rights.
The Council decided that MONUC would have the mandate to provide advice and assistance to the Transitional Government, including by supporting three joint commissions outlined in the Secretary-General’s report, with a view to taking forward essential legislation, including the future constitution, security sector reform and the electoral process. The Transitional Government was called upon to cooperate closely with MONUC in establishing the three joint commissions.
The Council also urged each of the Governments of the Democratic Republic of the Congo, Burundi, Rwanda and Uganda to ensure that its territory is not used to infringe the sovereignty of the others, to realize the complete normalization of their bilateral relations and to actively cooperate in assuring security along their common borders.
Also by the terms of the text, the Secretary-General was requested to inform the Council of developments in the situation in the country and to submit to it, before 28 February 2005, a report on the execution of MONUC’s mandate, including an evaluation of the structure and strength of its military, civilian and police components, with a view to their adjustment according to progress made on the ground and remaining tasks.
Speaking after today’s vote, Stuart W. Holliday (United States) said, as the Council acted to strengthen MONUC’s capacity, it must also call on the Congolese parties to fulfil their responsibilities to the Congolese people and do much more to play their part in a successful political process. “We are at a delicate time in the Democratic Republic of the Congo, yet one of increased hope”, he said. Within the past eight days, the Memorandum of Intent on Regional Security in the Great Lakes of Africa and the Joint Verification Mechanism had been signed. To fulfil the promise of peace, it was incumbent upon all parties to stick to their commitments under those agreements.
He also noted that it was the United States policy to ensure that members of its Armed Forces participating in United Nations peace operations were protected from criminal prosecution or other assertion of jurisdiction by the International Criminal Court (ICC), including through the possible inclusion of express provisions providing such protection. The United States had an “Article 98” agreement with the Democratic Republic of the Congo that would prohibit that country from surrendering United States personnel to the ICC should they participate in the future. The United States supported the resolution with the understanding that it did not direct MONUC to cooperate with the ICC. Any expenses resulting from the provision of any cooperation or support to the ICC would need to be on a reimbursable basis.
The meeting began at 3:45 p.m. and adjourned at 3:55 p.m.
The full text of resolution 1565 (2004) reads, as follows:
“The Security Council,
“Recalling its previous resolutions and the statements by its President concerning the Democratic Republic of the Congo,
“Reaffirming its commitment to respect the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo and all the States of the region,
“Reaffirming its support for the process of the Global and All Inclusive Agreement on the Transition in the Democratic Republic of the Congo (signed in Pretoria on 17 December 2002), welcoming the efforts made to date for its implementation by the Government of National Unity and Transition, and calling on all the Congolese parties to honour their commitments in this regard, in particular so that free, fair and peaceful elections can take place within the agreed time frame,
“Deeply concerned by the continuation of hostilities in the eastern part of the Democratic Republic of the Congo, particularly in the provinces of North and South Kivu and in the Ituri district, and by the grave violations of human rights and of international humanitarian law that accompany them,
“Recalling that all the parties bear responsibility for ensuring security with respect to the civilian populations, and recalling in particular in this regard its resolutions 1325 (2000) on women, peace and security, 1379 (2001), 1460 (2003) and 1539 (2004) on children in armed conflict, and 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflict,
“Taking note of the third special report of the Secretary-General on the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), dated 16 August 2004 (S/2004/650), and of its recommendations,
“Taking note of the letter of the Secretary-General dated 3 September 2004 (S/2004/715),
“Noting that the situation in the Democratic Republic of the Congo 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 extend the deployment of MONUC until 31 March 2005;
“2. Requests the Secretary-General to arrange the rapid deployment of additional military capabilities for MONUC in accordance with the recommendation contained in his letter dated 3 September 2004, and, beyond, to deploy as soon as possible in the provinces of North and South Kivu all the brigades and appropriate force enablers;
“3. Authorizes the increase of MONUC’s strength by 5,900 personnel, including up to 341 civilian police personnel, as well as the deployment of appropriate civilian personnel, appropriate and proportionate air mobility assets and other force enablers, and expresses its determination to keep MONUC’s strength and structure under regular review, taking into account the evolution of the situation on the ground;
“4. Decides that MONUC will have the following mandate:
(a) to deploy and maintain a presence in the key areas of potential volatility in order to promote the re-establishment of confidence, to discourage violence, in particular by deterring the use of force to threaten the political process, and to allow the United Nations personnel to operate freely, particularly in the Eastern part of the Democratic Republic of the Congo,
(b) to ensure the protection of civilians, including humanitarian personnel, under imminent threat of physical violence,
(c) to ensure the protection of United Nations personnel, facilities, installations and equipment,
(d) to ensure the security and freedom of movement of its personnel,
(e) to establish the necessary operational links with the United Nations Operation in Burundi (ONUB), and with the Governments of the Democratic Republic of the Congo and Burundi, in order to coordinate efforts towards monitoring and discouraging cross-border movements of combatants between the two countries,
(f) to monitor the implementation of the measures imposed by paragraph 20 of resolution 1493 of 28 July 2003, including on the lakes, in cooperation with ONUB and, as appropriate, with the Governments concerned and with the group of experts referred to in paragraph 10 of resolution 1533 of 12 March 2004, including by inspecting, as it deems it necessary and without notice, the cargo of aircraft and of any transport vehicle using the ports, airports, airfields, military bases and border crossings in North and South Kivu and in Ituri,
(g) to seize or collect, as appropriate, the arms and any related materiel whose presence in the territory of the Democratic Republic of the Congo violates the measures imposed by paragraph 20 of resolution 1493, and dispose of such arms and related materiel as appropriate,
(h) to observe and report in a timely manner, on the position of armed movements and groups, and the presence of foreign military forces in the key areas of volatility, especially by monitoring the use of landing strips and the borders, in particular on the lakes,
“5. Decides that MONUC will also have the following mandate, in support for the Government of National Unity and Transition:
(a) to contribute to arrangements taken for the security of the institutions and the protection of officials of the Transition in Kinshasa until the integrated police unit for Kinshasa is ready to take on this responsibility and assist the Congolese authorities in the maintenance of order in other strategic areas, as recommended in paragraph 103-c of the Secretary-General’s third special report,
(b) to contribute to the improvement of the security conditions in which humanitarian assistance is provided, and assist in the voluntary return of refugees and internally displaced persons,
(c) to support the operations to disarm foreign combatants led by the Armed Forces of the Democratic Republic of the Congo, including by undertaking the steps listed in paragraph 75, subparagraphs (b), (c), (d) and (e) of the Secretary-General’s third special report,
(d) to facilitate the demobilization and the voluntary repatriation of the disarmed foreign combatants and their dependants,
(e) to contribute to the disarmament portion of the national programme of disarmament, demobilization and reintegration (DDR) of Congolese combatants and their dependants, in monitoring the process and providing as appropriate security in some sensitive locations,
(f) to contribute to the successful completion of the electoral process stipulated in the Global and All Inclusive Agreement, by assisting in the establishment of a secure environment for free, transparent and peaceful elections to take place,
(g) to assist in the promotion and protection of human rights, with particular attention to women, children and vulnerable persons, investigate human rights violations to put an end to impunity, and continue to cooperate with efforts to ensure that those responsible for serious violations of human rights and international humanitarian law are brought to justice, while working closely with the relevant agencies of the United Nations;
“6. Authorizes MONUC to use all necessary means, within its capacity and in the areas where its armed units are deployed, to carry out the tasks listed in paragraph 4, subparagraphs (a) to (g) above, and in paragraph 5, subparagraphs (a), (b), (c), (e) and (f) above;
“7. Decides that MONUC will also have the mandate, within its capacity and without prejudice to carrying out tasks stipulated in paragraphs 4 and 5 above, to provide advice and assistance to the transitional government and authorities, in accordance with the commitments of the Global and All Inclusive Agreement, including by supporting the three joint commissions outlined in paragraph 62 of the Secretary-General’s third special report, in order to contribute to their efforts, with a view to take forward:
(a) Essential legislation, including the future constitution,
(b) Security sector reform, including the integration of national defence and internal security forces together with disarmament, demobilization and reintegration and, in particular, the training and monitoring of the police, while ensuring that they are democratic and fully respect human rights and fundamental freedoms,
(c) The electoral process;
“8. Requests the Secretary-General to report to the Council within one month upon adoption of this resolution, on reforms necessary to improve the structures of command and control and the management of military information within MONUC, and to rationalize the civilian and police components of MONUC;
“9. Requests the Secretary-General, through his Special Representative for the Democratic Republic of the Congo, to coordinate all the activities of the United Nations system in the Democratic Republic of the Congo;
“10. Requests the Secretary-General to ensure that his Special Representatives for the Democratic Republic of the Congo and for Burundi coordinate the activities of MONUC and ONUB, in particular:
–- by sharing military information at their disposal, especially those concerning cross-border movements of armed elements and arms trafficking,
–- by pooling their logistic and administrative resources, to an extent that does not prejudice the ability of these missions to carry out their respective mandates, in order to ensure their maximum efficiency and cost-effectiveness,
–- and by coordinating, as appropriate, implementation of the national programmes for disarmament and demobilization and repatriation, reintegration and resettlement;
“11. Stresses the need for the Government of National Unity and Transition to carry out the process provided for by the Global and All Inclusive Agreement, and in particular to implement the recommendations listed in paragraph 54 of the Secretary-General’s third special report, including by producing, with the support of MONUC, precise plans and timelines in each of the fields identified;
“12. Calls upon the Government of National Unity and Transition to cooperate closely with MONUC in establishing three joint commissions on essential legislation, security sector reform and elections, and in implementing the security sector reform, in accordance with paragraph 7 above;
“13. Urges the Government of National Unity and Transition to continue with determination and rapidity the integration of the security forces, in particular the integration of the armed forces, and underlines the importance of regular meetings of the Supreme Defence Council and of its cooperation with the international partners of the Democratic Republic of the Congo, especially with MONUC, as positive signals of the commitment of the Government of National Unity and Transition in this regard;
“14. Urges the Government of National Unity and Transition to develop without further delay a plan for the disarmament of foreign combatants, and to entrust its implementation to the Armed Forces of the Democratic Republic of the Congo, with the support of MONUC;
“15. Urges each of the Governments of the Democratic Republic of the Congo, Burundi, Rwanda and Uganda, to ensure that its territory is not used to infringe the sovereignty of the others, to realize without further delay the complete normalization of their bilateral relations, and to cooperate actively in assuring security along their common borders, in particular by implementing agreements they have signed for the establishment of joint verification mechanisms with the active participation of MONUC, and exhorts them to comply in this regard with the recommendations listed in paragraph 55 of the Secretary-General’s third special report;
“16. Urges in particular, the Governments of the Democratic Republic of the Congo and Rwanda to work together and with MONUC and the African Union, with a view to removing the threat posed by foreign armed groups, as they have agreed to in the Agreement signed in Pretoria on 30 July 2002 and the Declaration signed in Pretoria on 27 November 2003 and in accordance with the “Terms of Reference” signed in New York on 22 September 2004;
“17. Calls upon the Government of National Unity and Transition and Congolese officials at all levels to take all necessary steps, while respecting freedom of expression and of the press, to prevent the use of the media to incite hatred or tensions among communities;
“18. Calls upon the Member States, the international organizations concerned and the community of donors to provide their full support to the transitional process, the extension of State authority throughout the territory and the long-term social and economic development, in the Democratic Republic of the Congo, and encourages them in this regard to respond positively to the recommendations listed in paragraph 57 of the Secretary-General’s third special report;
“19. Strongly condemns violence and other violations of international humanitarian law and human rights, in particular those perpetrated against civilians, in the Democratic Republic of the Congo, and demands that all parties and Governments concerned in the region, including the Government of National Unity and Transition, take without delay all necessary steps to bring to justice those responsible for these violations and to ensure respect for human rights and international humanitarian law, as appropriate with relevant international assistance, as well as to guarantee the security and well-being of the civilian population;
“20. Demands that all parties cooperate fully with the operations of MONUC and that they ensure the safety of as well as unhindered and immediate access for United Nations and associated personnel in carrying out their mandate, throughout the territory of the Democratic Republic of the Congo, demands in particular that all parties provide full access to MONUC military observers, including in all ports, airports, airfields, military bases and border crossings, and requests the Secretary-General to report without delay any failure to comply with these demands;
“21. Recalling its resolution 1502 of 26 August 2003, reaffirms the obligation of all parties to comply fully with the rules and principles of international humanitarian law applicable to them related to the protection of humanitarian and United Nations personnel, and also urges all those concerned to allow immediate, full and unimpeded access by humanitarian personnel to all people in need of assistance as set forth in applicable international humanitarian law;
“22. Recalls the link between the illicit exploitation and trade of natural resources in certain regions and the fuelling of armed conflicts and, in line with its resolution 1493 (2003), 1533 (2004) and 1552 (2004), condemns categorically the illegal exploitation of the natural resources and other sources of wealth of the Democratic Republic of the Congo, urges all States, especially those in the region including the Democratic Republic of the Congo itself, to take the appropriate steps in order to end these illegal activities, including if necessary through judicial means, and to report to the Council as appropriate, and exhorts the international financial institutions to assist the Government of National Unity and Transition in establishing an efficient and transparent control of the exploitation of natural resources;
“23. Welcomes the convening of the international conference on peace, security, democracy and development in the Great Lakes region of Africa, with inclusive participation by all the Governments concerned, under the aegis of the African Union and the United Nations, with a view to strengthening stability in the region and working out conditions that will enable each State to enjoy the right to live in peace;
“24. Encourages all Member States to increase the international political engagement in the peace process in the region, as requested in paragraph 57 of the Secretary-General’s third report;
“25. Expressing grave concern at the allegations of sexual exploitation and misconduct by civilian and military personnel of MONUC, requests the Secretary-General to continue to fully investigate these allegations to take the appropriate action in accordance with the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed, further encourages MONUC to conduct training for personnel targeted to ensure full compliance with its code of conduct regarding sexual misconduct, and urges troop-contributing countries to take appropriate disciplinary and other action to ensure full accountability in cases of such misconduct involving their personnel;
“26. Requests the Secretary-General to keep it informed regularly of developments in the situation in the Democratic Republic of the Congo, and to submit to the Council before 28 February 2005 a report on the execution of MONUC’s mandate, including an evaluation of the structure and strength of its military, civilian and police components, with a view to their adjustment according to the progress made on the ground and the tasks remaining to be accomplished;
“27. Reiterates its strong support for the Special Representative of the Secretary-General and MONUC, and for the efforts they continue to make to assist the parties in the Democratic Republic of the Congo and in the region to advance the peace process;
“28. Decides to remain actively seized of the matter.”
When the Security Council met today to consider the situation in the Democratic Republic of the Congo, it had before it the third special report of the Secretary-General on the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) (document S/2004/650), covering major political and military developments since the second report of 25 March (S/2004/251), and containing recommendations on the future structure and mandate of MONUC.
The Secretary-General recommends an increase in MONUC’s current military strength of 10,800 all ranks by an additional 13,020, thus bringing the Mission’s authorized strength to 23,900. He also recommends expansion of the mandate of MONUC’s civilian police component in order for it to assist in elections, increasing that component’s strength from 140 civilian police officers to 507 personnel.
The report notes that since the endorsement of the Global and All-Inclusive Agreement on the Transition in the county in April 2003, progress has been made with the installation of the Transitional Government. Significant efforts are being made to rebuild the country’s social services, administration and infrastructure. At the same time, events of the past few months, such as in Bukavu, have demonstrated that if the political process does not move forward, it will run off-track and risk collapse.
“We must not allow the progress made so far to falter”, the Secretary-General says in his report, and calls for a renewed commitment by the Transitional Government, the Council and the international community to work in “full partnership” to see the transitional process through to the elections scheduled for next year.
The Secretary-General observes that relations between the countries of the Great Lakes region is an essential factor in the stability of the Democratic Republic of the Congo. Stability will allow the country, endowed with huge natural resources, to pursue a path of strong economic development. The current situation suggests that certain Congolese and regional elements would not like to see this happen, as the legitimate exploitation of the natural resources would limit the illegal wealth generated by unstable conditions. The Governments of the Democratic Republic of the Congo, Rwanda and Uganda must make concrete progress to ensure that the flow of arms across their borders is brought to an end; to settle the question of foreign armed groups, in particular the ex-FAR/Interahamwe; and to legitimize the exploitation of natural resources.
According to the report, the establishment of MONUC’s peacekeeping mandate under Chapter VII of the United Nations Charter has raised expectations that the Mission will “enforce” the peace throughout the country (see Council resolution 1493 of 28 July 2003). However, there is a wide gap between such expectations and MONUC’s capacity to deliver them. At the same time, the lack of specificity as to MONUC’s tasks does not lend itself to the most effective use of the resources provided to the Mission.
MONUC’s key role will be to continue the provision of its good offices to build confidence among the leaders of the transition and to strengthen the Transitional Government. In order to facilitate the transition process, MONUC will establish three joint commissions with the Transitional Government and relevant international actors, addressing the issues of: essential legislation (including the post-transitional Constitution); security sector reform (including military reform, disarmament, demobilization and reintegration (DDR)); law and order in the area of police reform; and elections.
Regarding MONUC’s military mandate, the Secretary-General states that the Mission should continue to carry out mandated tasks such as: support peace and reconciliation initiatives in Ituri; contribute to the multi-layer security arrangements in Kinshasa; and provide security for United Nations personnel and facilities, as well as for civilians under imminent threat of violence in the areas of MONUC’s deployment. At the same time, there is a requirement for MONUC to clarify its role in monitoring the arms embargo and to strengthen its capabilities in the areas of disarmament, demobilization, reintegration and resettlement or repatriation (DDRRR) of foreign combatants and DDR of Congolese combatants. Furthermore, MONUC’s capacity to deter spoilers must be strengthened.
According to the Secretary-General, MONUC’s military component can play a significant role in strengthening the transitional process by discouraging violence in volatile areas. However, given the size of the country, MONUC cannot be deployed everywhere or in significant strength. Hence, strategic areas of operations must be identified. Also, MONUC cannot assume responsibility for the maintenance of law and order, as the Democratic Republic of the Congo is a sovereign country, nor can it fight forces representing components of the Transitional Government, should they decide to abandon the political process. Should the Council provide a mandate for MONUC to assist in the creation of stability in areas other than Ituri, the conditions under which MONUC should use force must be clearly defined.
The primary role of MONUC in deterring armed challenges to the transitional process is to use its political good offices. When this fails, however, the transitional process cannot be held hostage to armed challenges, as was the case in Bukavu in May/June. In such circumstances, MONUC should have the military capability to take action to deter such challenges while ensuring the protection of civilians. Also, based on lessons learned, there is a requirement for a sufficient built-in reserve capacity, which the Mission has lacked so far. Efficiency of the force will depend on its capacity to act as a deterrent, on the one hand, and as a rapid reaction force, on the other.
Requirements for such a Mission include additional military air assets; a maritime surveillance unit; a military communications unit; a special forces company to provide reconnaissance and extraction; and a military police company to ensure force discipline and compliance with the United Nations Code of Conduct. It would also need improved information management and command and control. A total of an additional 13,100 military personnel would be required to fulfil all those requirements.
The Secretary-General calls on the Council to endorse the proposed role of MONUC in supporting the transitional process leading towards free and fair elections, and on the Transitional Government to implement the process.
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