Security Council

6943^rd Meeting (PM)

 ‘Intervention Brigade’ Authorized as Security Council Grants Mandate Renewal

for United Nations Mission in Democratic Republic of Congo

 

Resolution 2098 (2013) Enables ‘Offensive’ Combat Force

To ‘Neutralize and Disarm’ Congolese Rebels, Foreign Armed Groups

The Security Council today approved the creation of its first-ever “offensive” combat force, intended to carry out targeted operations to “neutralize and disarm” the notorious 23 March Movement (M23), as well as other Congolese rebels and foreign armed groups in strife-riven eastern Democratic Republic of Congo.

Acting on the recommendations of Secretary-General Ban Ki-moon and answering the call of Governments in Africa’s Great Lakes region, the Council unanimously adopted resolution 2098 (2013).  By that action, it extended until 31 March 2014, the mandate of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) and created, on an exceptional basis, a specialized “intervention brigade” within the operation’s existing 19,815‑strong force.

The resolution strongly condemned M23, the Democratic Forces for the Liberation of Rwanda (FDLR), the Lord’s Resistance Army (LRA) “and all other armed groups and their continuing violence and abuses of human rights”.  It tasked the new brigade with carrying out offensive operations, either unilaterally or jointly with the Congolese armed forces, “in a robust, highly mobile and versatile manner” to disrupt the activities of those groups.

Further by the text, the Council set out the operational parameters of the brigade, which would comprise three infantry battalions, one artillery and one special forces and reconnaissance company headquartered in Goma — the scene of a brutal M23 attack in November 2012 — under the direct command of the MONUSCO Force Commander.  The resolution decided that the intervention brigade would have a clear exit strategy and that the Council would consider extending its mandate beyond one year on the basis of its performance, and of whether the Democratic Republic of Congo had made sufficient progress in implementing the Peace and Security Framework for the region, adopted on 24 February.

Specifically on that accord, signed by 11 African leaders and brokered by the Secretary-General, the Council demanded that all signatory States implement their commitments in good faith, and encouraged the establishment of an oversight mechanism involving regional leaders, as well as a national mechanism to oversee implementation of reform measures agreed by the Democratic Republic of Congo.  The Council expressed its intention to review the status of the Framework Agreement after the first visit to the region by the newly appointed Special Envoy, Mary Robinson.  The commitments made by the Great Lakes countries were annexed to the 12-page text.

Despite the unanimous approval, several speakers expressed reservations about the text, with Guatemala’s representative questioning Council actions that could involve the United Nations in “peace-enforcement” activities.  Such a move might compromise the neutrality and impartiality so essential to peacekeeping work, he cautioned.  Indeed, the Organization should always be seen as an “honest broker”, he said, adding that, while he understood the logic behind the proposed deployment, he would have preferred the brigade to be a self-standing unit with specific duties distinguishable from those of MONUSCO’s other brigades.

Echoing the warning that MONUSCO now risked indirect conversion into a peace-enforcement mission, Argentina’s representative said that although the text stated clearly that the brigade would not set a precedent, the idea of “enforcing peace rather than keeping it” required deep reflection, certainly more than a week of negotiations.  Negotiations on the text had not been as broad as Argentina would have hoped, she said, adding that the resolution should have included a broader complement of troop contributors so that they could be better apprised of all the new brigade’s activities.

Yet, the United Kingdom’s representative said the Mission’s renewed mandate, with the inclusion of a specialized brigade, contributed to the broad vision of peace and stability in the Democratic Republic of Congo.  The Council and the United Nations had entered “new territory”.  MONUSCO’s troop contingents — whether part of the intervention brigade or not — must be willing and able to implement its entire mandate, he emphasized.  “This is one Mission with one mandate, one Special Representative and one Force Commander.”  MONUSCO must conduct all its tasks in an integrated manner, whether or not those performing them were in uniform, he said, declaring: “This is the recipe for success.”

Also taking the floor was Raymond Tshibanda N'tungamulongo, Minister for Foreign Affairs, Cooperation and La Francophonie of the Democratic Republic of Congo, who said his Government and people were deeply gratified for United Nations efforts to help protect their country’s territorial integrity and foster peace and stability over the past 15 years.  The resolution just adopted demonstrated once again the Council’s solidarity and unwavering determination to work for peace and security in the Great Lakes region and throughout the world, in line with the United Nations Charter.

Describing the situation in the eastern part of his country as “deeply troubling”, he said that despite encouraging results of the cooperation between the United Nations and troop contributors to MONUSCO, the human tragedy in the east was “an exceptional situation that requires exceptional measures”.  Today’s “innovative decision” should help the country put a definitive end to the repeated cycles of vicious violence.  The addition to MONUSCO’s newly transformed mandate should lead to the “dawning of a new era” of human rights and security for all, stability for all, regional cooperation and sustainable development, he said.

Before the Council wrapped up its work, Council President Vitaly Churkin (Russian Federation) expressed his delegation’s sincere appreciation to all Council members for supporting the Russian presidency during a busy month, “one in which we rallied to consensus on several important issues”.

Also speaking today were representatives of Rwanda, Luxembourg, Pakistan, Morocco, China, United States, France and the Russian Federation.

The meeting began at 3:07 p.m. and ended at 4:05 p.m.

Statements

EUGÈNE-RICHARD GASANA (Rwanda) said his delegation had voted in favour of the resolution because of its importance as an instrument for implementation of the Peace and Security Framework Agreement.  Rwanda applauded the creation of a specialized brigade and hoped it would be able to help the Congolese Government strengthen its control over its territory.  The brigade should also help strengthen implementation of the Kampala Accords and help the Congolese Government focus on disrupting the activities of armed groups, including the Democratic Forces for the Liberation of Rwanda (FDLR), which had sparked the 1994 genocide.

He said that by voting in favour of the text, Rwanda had underscored the need to ensure a clear separation of duties between the new brigade and MONUSCO’s already mandated “Blue Helmets”, which must maintain their focus on protecting civilians, especially from sexual violence, which had reached “alarming rates”.  Rwanda hoped the Congolese Government, with the help of its regional partners and the wider international community, would be able to make solid progress in implementing the Framework Agreement.  In light of the text just adopted, Rwanda urged the Council always to bear in mind the need for input from regional actors and the Secretary-General when considering action in peace and security matters.  Hopefully, the Council would finally be able to “free itself from past perceptions” and draw on the efforts of the Great Lakes countries, especially the Democratic Republic of Congo, to help tackle the deep-seated causes of strife in the region.

GERT ROSENTHAL (Guatemala) said he had voted in favour in part because of his country’s “unwavering” commitment to MONUSCO.  Guatemalan troops had participated in the Mission since 2005.  However, Guatemala still had “serious” difficulties over involving the United Nations in peace-enforcement activities, he said, noting that they might compromise the neutrality and impartiality essential to peacekeeping work.  When domestic armed factions challenged the host country, the United Nations should offer its good offices and even take a proactive stance in resolving disputes.  However, its presence should be perceived by all parties as that of an “honest broker”.

While understanding the logic behind the proposed deployment, he said he would have preferred the brigade to be a self-standing unit with specific duties distinguishable from those of MONUSCO’s other brigades, and entrusted with the more conventional duties of robust peacekeeping operations, including the protection of civilians.  He warned that MONUSCO risked indirectly being converted into a peace-enforcement mission, which raised conceptual, operational and legal considerations that had not been sufficiently explored.  Also, the resolution was “highly complex”, and not enough time had been allotted to considering all its angles.  Guatemala insisted on differentiating between the intervention brigade’s mandate and activities appropriate to a robust peacekeeping mission.

MARK LYALL GRANT (United Kingdom) said the Framework Agreement provided an opportunity for civilians in the Democratic Republic of Congo, especially women and girls, to go about their lives in safety.  Implementing that accord should result in an environment in which justice was done and seen to be done.  Since countries in the Great lakes region had pledged strong support for the Framework Agreement, the Council must play its part “by providing the long-term and sustained focus on the Democratic Republic of Congo that has so often been lacking on our part”, he stressed.

Renewing MONUSCO’s mandate, with the inclusion of a specialized brigade, would contribute to the broad vision of peace and stability in the Democratic Republic of Congo, he said.  With the brigade’s creation, the Council and the United Nations had entered “new territory”.  In order to succeed, it was important that MONUSCO, including all its troop contingents — whether part of the intervention brigade or not – be willing and able to implement its entire mandate in full.  “This is one Mission with one mandate, one Special Representative and one Force Commander,” he said.  MONUSCO must conduct all its tasks in an integrated manner, whether or not those performing them were in uniform, he said, declaring: “This is the recipe for success.”

MARIA CRISTINA PERCEVAL ( Argentina) said her delegation had supported the text out of concern for the continuing deterioration of the humanitarian situation in the eastern Democratic Republic of Congo.  The resolution’s implementation should help ensure protection, ensure the promotion of human rights and humanitarian law, and help end impunity.  Furthermore, the text corresponded to the request for support from the Governments of the Democratic Republic of Congo and other countries in the region.  Indeed, the Council should always take the views of regional actors into consideration when taking action to carry out its Charter-mandated duties, she emphasized.

At the same time, she said, Argentina still had a “few concerns and doubts” about the creation of an intervention brigade, especially because it would be able to carry out offensive actions.  Even though the text stated clearly that the brigade would not set a precedent, the negotiations leading to its adoption had not been as broad or extensive as they might have been, she said.  In any case, the idea of “enforcing peace rather than keeping it” required deep reflection, certainly more than a week of negotiations.  The talks should also have included a broader complement of troop-contributing countries so that they could be better apprised of all the activities that the new brigade would be undertaking.

SYLVIE LUCAS (Luxembourg) said MONUSCO’s new mandate reflected the international commitment to tackling the root causes of conflict in eastern Democratic Republic of Congo.  There was no military solution, she said, especially welcoming the provisions on the protection of children and on combating sexual violence.  The resolution also provided the Mission with the ability to neutralize armed groups, and the intervention brigade would play a crucial role in that regard.  More broadly, MONUSCO must coordinate its security-sector reform efforts with its partners, she said.  It was crucial that the Mission carry out its tasks in a comprehensive manner by drawing on its civilian, military and police capacities.

MASOOD KHAN ( Pakistan) said MONUSCO had been a stabilizing factor and had made vital contributions to the protection of civilians.  Its continuing presence was an important part of the new comprehensive approach, and the goal should be to build up Congolese security institutions to ensure the time-bound transfer of responsibility to the Government, which in turn would bring war criminals and fugitives to justice.  Pakistan had had several reservations about the text during consultations, but a number of them had been addressed, he said, noting that the brigade would be created on an exceptional basis, without precedent or prejudice to peacekeeping principles.  Despite its concerns about the concept of an intervention brigade, Pakistan supported the resolution as part of its commitment to peace and stability in the Democratic Republic of Congo and the wider region, he said.

MOHAMED LOULICHKI (Morocco) expressed hope that the resolution would open “real prospects” for a transition to peace and stability in the Democratic Republic of Congo and the region as a whole.  Hopefully, the new intervention force would be able to take up its tasks quickly.  Yet, as a troop contributor to MONUSCO, Morocco urged the Council to ensure that all its decisions adhered to the long-held principles governing peacekeeping operations.  The Council must also strengthen consultations with all troop- and police-contributing countries to ensure “optimal synergy” among all elements of the Mission, especially the regular forces and the intervention brigade.

LI BAODONG (China) said his delegation had voted in favour of the text and was seriously concerned about the worsening humanitarian situation in eastern Democratic Republic of Congo, as well as its impact on the wider region.  Hopefully, the parties concerned would take effective measures to implement the Framework Agreement.  MONUSCO must strengthen its cooperation with the Congolese Government, while sticking to its mandate, he said, emphasizing also the importance of adherence to the long-agreed principles governing peacekeeping operations.  At the same time, China noted the call for assistance from the region’s countries, and had voted in favour of the resolution because it stated clearly that the creation of the specialized intervention brigade would not create a precedent or undercut traditional peacekeeping principles.

JEFFREY DELAURENTIS (United States) said the signing of a regional framework agreement had marked a turning point in the Democratic Republic of Congo.  The framework process had “breathed new life” into efforts to find peace in the eastern part of the country, where more than 5 million people had lost their lives since 1998.  The Council had acted to ensure that the Mission’s mandate supported the Framework Agreement to address the root causes of conflict.  The United States had been mindful of the need to set MONUSCO up for success by streamlining the efforts of its military component, he said, emphasizing that neutralizing armed groups must remain at the forefront of its tasks.

In such efforts, the United States recognized the need to coordinate with the civilian side, especially in protecting children and women, and in preventing sexual violence, he said.  The United States Government supported MONUSCO’s role in monitoring human rights, which was the key to protecting civilians.  It called on the Democratic Republic of Congo to meet its commitments to the parameters set forth in the Framework Agreement, including those concerning security-sector reform, and neighbouring countries must also meet their commitments.  He welcomed the appointment of Mary Robinson as Special Envoy to the Great Lakes Region.

GERARD ARAUD ( France) said today’s action completed the Framework Agreement and linked regional commitments to the situation on the ground.  The resolution took the Secretary-General’s recommendations into account, addressed the expectations of States and regional organizations, recalled the need for the Framework Agreement’s signatories to implement their commitments, and appointed a Special Envoy.  It outlined measures to reduce the threat posed by armed groups to civilians and allowed an intervention brigade to neutralize such groups.

While the resolution also clarified that MONUSCO was tasked with observing the eastern border of the Democratic Republic of Congo, that did not change the core of its mandate, which remained civilian protection, he continued.  As for the intervention brigade, the resolution stressed that the Mission must try to contain threats to civilians before, during and after any military intervention.  The brigade must uphold international humanitarian and human rights law, and comply with United Nations human rights policies.  It could halt those perpetrating atrocities against civilians and fugitives from international justice, he said.

Council President VITALY CHURKIN (Russian Federation), speaking in his national capacity, said he had voted in favour of the text and had earlier welcomed the adoption of the Framework Agreement as an important step towards resolving the crisis in eastern Democratic Republic of Congo.  The Russian Federation had also supported the Secretary-General’s proposal to modify MONUSCO’s mandate “so as to achieve a qualitative breakthrough in combating anti-Government forces in eastern Democratic Republic of Congo”.  It had been important for the Council to limit the brigade’s mandate and the Mission’s existing contingents in order to provide the opportunity to observe the basic governing principle of peacekeeping: “observing peace rather than enforcing it and ensuring the protection of peacekeepers”.  Finally, he stressed that the Congolese Government bore the fundamental responsibility of effectively addressing the situation in the eastern part of the national territory, and in that effort, the authorities must continue reforming the security sector and strengthening national security forces.  The transfer of Bosco Ntaganda to The Hague was an important step in that direction.

RAYMOND TSHIBANDA N'TUNGAMULONGO, Minister for Foreign Affairs, Cooperation and La Francophonie of the Democratic Republic of Congo, said his country’s Government and people were deeply gratified for all the efforts of the United Nations to help protect their country’s territorial integrity and foster peace and stability over the past 15 years.  The resolution just adopted demonstrated once again the Council’s solidarity and unwavering determination to work for peace and security in the Great Lakes region and throughout the world, in line with the United Nations Charter.  Against that setting, the Government of the Democratic Republic of Congo reiterated and reconfirmed its staunch determination to implement all aspects of the Framework Agreement, as well as in rebuilding and consolidating State institutions, including through bolstering the security sector.  Such efforts could now be carried out more effectively thanks to the mechanisms already in place, including laws governing the actions of security forces.

Describing the situation in the eastern part of his country as “deeply troubling”, he said unspeakable violence was being inflicted upon the population, with women and children continuing to bear the brunt after years of turmoil.  The Government was deeply committed to rooting out “violent and destabilizing forces”, and appreciated the solidarity of the United Nations in dealing with what was effectively an “existential crisis”, he said.  In spite of the encouraging results of the cooperation between the United Nations and troop contributors to MONUSCO, the human tragedy in the east was “an exceptional situation that requires exceptional measures”, he said, adding that today’s “innovative decision” should help his country put a definitive end to the repeated cycles of vicious violence.  The addition to MONUSCO’s newly transformed mandate should lead to the “dawning of a new era” of human rights and security for all, stability for all, regional cooperation and sustainable development.

Resolution

The full text of resolution 2098 (2013) reads as follows:

“The Security Council,

“Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC), especially its resolutions 2078 (2012), 2076 (2012), 2053 (2012), 1991 (2011) and 1925 (2010),

“Recalling its resolution 2086 (2013) and 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 peacekeeping 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 and emphasizing the need to respect fully the principles of non-interference, good-neighbourliness and regional cooperation,

“Noting that eastern DRC has continued to suffer from recurring cycles of conflict and persistent violence by armed groups, both Congolese and foreign, and emphasizing the need to address the root causes of conflict to put an end to these recurring cycles of violence,

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

“Welcoming the signing in Addis Ababa on 24 February 2013 of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region (“the PSC Framework”), under the auspices of its guarantors, namely the Secretary-General of the United Nations, the Chairperson of the AU Commission, the Chairperson of the SADC and Chairperson of the ICGLR,

“Further welcoming the designation by the Secretary-General of President Mary Robinson as his Special Envoy for the Great Lakes region,

“Reiterating its deep concern regarding the security and humanitarian crisis in North Kivu due to ongoing destabilizing activities of the 23 March Movement (M23) and other Congolese and foreign armed groups, and expressing concern at their negative impact on the deteriorating security and humanitarian situation in South Kivu and in Katanga,

“Expressing its deep concern regarding the threat posed by the presence of M23 in the immediate vicinity of the city of Goma in violation of resolution 2076 (2012), as well as the continuation of serious violations of international humanitarian law and abuses of human rights by the M23 and other armed groups,

“Taking note of the report of the Secretary-General S/2013/149 which includes a list of parties responsible for patterns of rape and other forms of sexual violence in situations of armed conflict,

“Further taking note of the report of the Secretary-General S/2013/96 and reiterating its strong condemnation of any and all external support to the M23, including through troop reinforcement, tactical advice and the supply of equipment and materiel,

“Expressing deep concern regarding the increasing number of internally displaced persons in and refugees from eastern DRC caused by the M23, the Forces Démocratiques de Libération du Rwanda (FDLR) and other Congolese and foreign armed groups,

“Expressing its concern at the heightened instability across eastern DRC resulting also in part from the increased activity of other armed groups, including the Alliance des Patriotes pour un Congo libre et souverain (APCLS) and the Allied Democratic Forces (ADF) in North Kivu, the Mayi-Mayi Gedeon and the Mayi-Mayi Kata-katanga in Katanga Province, the Lord’s Resistance Army (LRA) in Orientale Province, and further expressing concern at Rwandan reports of attacks by the FDLR on Rwandan territory,

“Recalling the Security Council’s presidential statements on the Central African Region and the LRA, including S/PRST/2012/28, S/PRST/2012/18 and S/PRST/2011/21, commending the important ongoing efforts being undertaken by the United Nations Organization Stabilization Mission in the DRC (MONUSCO) in the fight against the LRA, encouraging further efforts of the AU Regional Task Force, and urging greater cooperation and information-sharing between relevant UN bodies, the AU Regional Task Force regional forces and non-governmental organizations in tackling the threat of the LRA,

“Calling upon all parties in the conflict to respect the impartiality, independence and neutrality of humanitarian actors,

“Remaining greatly concerned by the humanitarian situation that continues to severely affect the civilian population, in particular in eastern DRC, and the persistent high levels of violence and abuses and violations of international law, condemning in particular those involving the targeted attacks against civilians, widespread sexual and gender-based violence, systematic recruitment and use of children by certain parties to the conflict, the displacement of significant numbers of civilians, extrajudicial executions and arbitrary arrests, and recognizing their deleterious effect on the stabilization, reconstruction and development efforts in the DRC,

“Recalling its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) on women, peace and security, its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, and its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012) on children and armed conflict,

“Welcoming the efforts of MONUSCO and international partners in delivering training in human rights, child protection and protection from sexual and gender-based violence for Congolese security institutions and underlining its importance,

“Condemning the mass rapes in Minova and the surrounding villages in November 2012 reportedly committed by soldiers of the Armed forces of the DRC (FARDC), taking note of the investigations and arrests undertaken thereafter by the Congolese authorities, and calling for all those responsible for violations of international humanitarian law or abuses of human rights, as applicable, including those involving violence or abuses against children and acts of sexual and gender-based violence, to be swiftly apprehended, brought to justice and held accountable,

“Welcoming the commitment made by the Government of the DRC to hold accountable those responsible for atrocities in the country, noting the cooperation of the Government of the DRC with the International Criminal Court (ICC) and stressing the importance of actively seeking to hold accountable those responsible for war crimes and crimes against humanity in the country and of regional and international cooperation to this end,

“Welcoming the surrender of Bosco Ntaganda to the ICC on 22 March 2013 as a positive step for international criminal justice as well as towards the restoration of peace and security in eastern DRC and expressing its appreciation to all Governments concerned as well as to the ICC for their cooperation, which was essential to bring Bosco Ntaganda to justice,

“Noting that hundreds of M23 combatants, including individuals designated by the Security Council, fled from the DRC into Rwanda on 18 March 2013, encouraging the Government of Rwanda, with the assistance of relevant UN and international organizations, to continue to ensure that these combatants are permanently demobilized and are dealt with according to relevant international law, including special attention to children and women among them, and recalling the Member States’ obligations under the 1533 sanctions regime, as renewed by resolution 2078 (2012),

“Taking note that the Secretary-General, in January 2012, encouraged the Council to reject any endorsement of amnesty for genocide, war crimes, crimes against humanity or gross violations of human rights and international humanitarian law,

“Stressing that the Government of the DRC bears primary responsibility for security, protection of civilians, national reconciliation, peacebuilding and development in the country, and urging the Government of the DRC to remain fully committed to the implementation of the PSC Framework and to protecting the civilian population through the swift establishment of professional, accountable and sustainable security forces, the deployment of Congolese civil administration, in particular the police, judiciary and territorial administration and the establishment of rule of law and respect for human rights,

“Taking note in this regard of the statements of the President of the DRC, Joseph Kabila, of 15 and 31 December 2012 in which he indicated that army reform will constitute a major priority for his Government in 2013, and calling on the Government of the DRC to uphold its commitment to security sector reform, including the creation and support of a Rapid Reaction Force, the development of a comprehensive Disarmament, Demobilization and Reintegration (DDR) and Demobilization, Repatriation, Reintegration and Resettlement (DDRRR) plan, and the development of a road map for the security and justice sectors, which will require the allocation of necessary resources and a continued commitment from the Government to prioritize reform,

“Reiterating its call on all parties to cooperate fully with MONUSCO, and its condemnation of any and all attacks against peacekeepers, emphasizing that those responsible for such attacks must be held accountable, and recalling its decision to extend sanctions measures outlined in paragraph 3 of resolution 2078 (2012) to individuals and entities who plan, sponsor or participate in attacks against MONUSCO peacekeepers,

“Reiterating its call upon the Secretary-General to take all measures deemed necessary to strengthen UN field security arrangements and improve the safety and security of all military contingents, police officers, military observers, and especially unarmed observers,

“Taking note of the special report of the Secretary-General (S/2013/119) on the DRC and the Great Lakes region and of its recommendations contained therein, including regarding the establishment of an “Intervention Brigade” within MONUSCO, based on the idea initially conceived by the ICGLR and supported by SADC,

“Recalling the letter dated 27 December 2012 from the Secretary-General (S/2013/43) on proposals for improving MONUSCO’s ability to implement its mandate, and the response letter of its President from 22 January 2013 (S/2013/44),

“Recognizing the significant sacrifices made by MONUSCO and expressing appreciation for its efforts to improve peace and stability in the DRC,

“Underlining the importance of MONUSCO deterring any threats to the implementation of its mandate,

“Welcoming the contribution of MONUSCO to a comprehensive strategy for durable peace and security, noting with appreciation the contribution that MONUSCO makes to early peacebuilding and emphasizing that MONUSCO’s activities should be conducted in a manner so as to facilitate post-conflict peacebuilding, prevention of relapse of armed conflict and progress towards sustainable peace and development,

“Stressing the importance of the full and urgent implementation of the PSC Framework to reducing threats against civilians in the long term, noting the need for MONUSCO to strengthen support to the Government of the DRC to enable it to address security challenges and extend State authority of the Government of DRC as expressed in paragraph 5 of the PSC Framework, and recognizing the need for a comprehensive peace process to put an end to the sources of conflict in the region,

“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.   Welcomes the signing on 24 February 2013 of the PSC Framework for the DRC and the region and stresses the importance of this agreement for the long term stability of eastern DRC and the region;

“2.   Demands that the signatory States of the PSC Framework fully implement their commitments in good faith;

“3.   Encourages in this regard the prompt establishment of (i) a regional “11+4” oversight mechanism involving the leaders of the region with the good offices of the Guarantors of the PSC Framework, which will meet regularly and review progress in the implementation of the regional commitments under the PSC Framework and (ii) a national oversight mechanism in order to accompany and oversee the implementation of the commitments for reform of the DRC;

“4.   Calls on the newly designated Special Envoy for the Great Lakes Region, in coordination with and with the appropriate support from the Special Representative for the DRC, to lead, coordinate and assess the implementation of national and regional commitments under the PSC Framework, as set out in Annex A, including through the swift establishment of benchmarks and appropriate follow-up measures and, building on the PSC Framework, encourages the Special Envoy for the Great Lakes Region to lead a comprehensive political process that includes all relevant stakeholders to address the underlying root causes of the conflict;

“5.   Calls on the Special Representative for the DRC, in collaboration with the Special Envoy for the Great Lakes Region, to support, coordinate and assess the implementation of national commitments under the PSC Framework in the DRC, as set out in Annex B;

“6.   Expresses its intention to review progress of the implementation of the PSC Framework in the region against the associated benchmarks and appropriate follow-up measures after the conclusion of the first visit to the region of the Special Envoy for the Great Lakes Region and regularly thereafter, as well as on the basis of the reports of the Secretary-General referred to in paragraph 34 below, and further expresses its intention, in the event that any or all of the parties have not complied with the commitments set forth in the PSC Framework, to take appropriate measures as necessary;

“7.   Strongly condemns the continued presence of the M23 in the immediate vicinity of Goma and its attempts to establish an illegitimate parallel administration in North Kivu, demands that the M23 cease immediately all forms of violence and destabilizing activities and that its members immediately and permanently disband and lay down their arms, and calls for the restoration of state authority of the Government of the DRC in Goma and in North Kivu;

“8.   Strongly condemns the M23, the FDLR, the ADF, the APCLS, the LRA, the National Force of Liberation (FNL), the various Mayi Mayi groups and all other armed groups and their continuing violence and abuses of human rights, including summary executions, sexual and gender based violence and large scale recruitment and use of children, demands that all armed groups cease immediately all forms of violence and destabilizing activities and that their members immediately and permanently disband and lay down their arms, and reiterates that those responsible for human rights abuses and violations of international humanitarian law will be held accountable and should not be eligible for integration into the FARDC or other elements of state security forces;

“9.   Decides to extend the mandate of MONUSCO in the DRC until 31 March 2014, takes note of the recommendations of the Special Report of the Secretary-General on the DRC and in the Great Lakes Region regarding MONUSCO, and decides that MONUSCO shall, for an initial period of one year and within the authorized troop ceiling of 19,815, on an exceptional basis and without creating a precedent or any prejudice to the agreed principles of peacekeeping, include an “Intervention Brigade” consisting inter alia of three infantry battalions, one artillery and one Special force and Reconnaissance company with headquarters in Goma, under direct command of the MONUSCO Force Commander, with the responsibility of neutralizing armed groups as set out in paragraph 12 (b) below and the objective of contributing to reducing the threat posed by armed groups to state authority and civilian security in eastern DRC and to make space for stabilization activities;

“10.  Decides that the Intervention Brigade will have a clear exit strategy and that the Council will consider the continued presence of the Intervention Brigade in light of its performance and whether the DRC, which has the primary responsibility for safeguarding its sovereignty and territorial integrity, has made sufficient progress in implementing its commitments under the PSC Framework, as well as the establishment and implementation of a national security sector reform roadmap for the creation of a Congolese “Rapid Reaction Force” able to take over responsibility for achieving the objective of the Intervention Brigade;

“11.  Decides that future reconfigurations of MONUSCO and its mandate should be determined on the basis of the evolution of the situation on the ground and, in the context of implementation by the Government of the DRC and all other signatories of the PSC Framework, progress towards the following objectives:

(a)   Reduction of the threat posed by Congolese and foreign armed groups, including through the operations by the Intervention Brigade, violence against civilians, including sexual and gender-based violence and violence against children to a level that can be effectively managed by the Congolese justice and security institutions;

(b)   Stabilization through the establishment of functional state security institutions in conflict-affected areas, and through strengthened democratic order that reduces the risk of instability, including adequate political space, observance of human rights and a credible electoral process;

“12.  Authorizes MONUSCO, through its military component, in pursuit of the objectives described in paragraph 11 above, to take all necessary measures to perform the following tasks, through its regular forces and its Intervention Brigade as appropriate;

(a)   Protection of civilians

(i)   Ensure, within its area of operations, effective protection of civilians under imminent threat of physical violence, including civilians gathered in displaced and refugee camps, humanitarian personnel and human rights defenders, in the context of violence emerging from any of the parties engaged in the conflict, and mitigate the risk to civilians before, during and after any military operation;

(ii)  Ensure the protection of United Nations personnel, facilities, installations and equipment;

(iii)Work with the Government of the DRC to identify threats to civilians and implement existing response plans to ensure the protection of civilians from abuses and violations of human rights and violations of international humanitarian law, including all forms of sexual and gender-based violence and grave violations against children, and requests MONUSCO to ensure that child protection concerns are integrated into all operations and strategic aspects of MONUSCO’s work and accelerate the implementation of monitoring, analysis and reporting arrangements on conflict-related sexual violence as called for in resolution 1960 (2010), and employ Women Protection Advisers to engage with parties to conflict in order to seek commitments on the prevention and response to conflict-related sexual violence;

(b)   Neutralizing armed groups through the Intervention Brigade

In support of the authorities of the DRC, on the basis of information collation and analysis, and taking full account of the need to protect civilians and mitigate risk before, during and after any military operation, carry out targeted offensive operations through the Intervention Brigade referred to in paragraph 9 and paragraph 10 above, either unilaterally or jointly with the FARDC, in a robust, highly mobile and versatile manner and in strict compliance with international law, including international humanitarian law and with the human rights due diligence policy on UN-support to non-UN forces (HRDDP), to prevent the expansion of all armed groups, neutralize these groups, and to disarm them in order to contribute to the objective of reducing the threat posed by armed groups on state authority and civilian security in eastern DRC and to make space for stabilization activities;

(c)   Monitoring the implementation of the arms embargo

Monitor the implementation of the arms embargo as described in paragraph 1 of resolution 2078 (2012) in cooperation with the Group of Experts established by resolution 1533 (2004), and in particular observe and report on flows of military personnel, arms or related materiel across the eastern border of the DRC, including by using, as specified in the letter of the Council from 22 January 2013 (S/2013/44), surveillance capabilities provided by unmanned aerial systems, seize, collect and dispose of arms or related materials whose presence in the DRC violates the measures imposed by paragraph 1 of resolution 2078 (2012), and share relevant information with the Group of Experts;

(d)   Provision of support to national and international judicial processes

Support and work with the Government of the DRC to arrest and bring to justice those responsible for war crimes and crimes against humanity in the country, including through cooperation with States of the region and the ICC;

“13.  Requests MONUSCO’s civilian component to support in particular, as appropriate, the implementation of the tasks outlined in paragraphs 12 (a), 12 (c) and 12 (d);

“14.  Calls on the Special Representative for the DRC to perform, through his good offices, the following tasks:

(a)   Encourage and accelerate greater national ownership of Security Sector Reform (SSR) by the DRC authorities, including through the urgent finalisation and implementation of a national strategy for the establishment of effective, inclusive and accountable security and justice institutions by the DRC and play a leading role in coordinating the support for SSR provided by international and bilateral partners and the UN system;

(b)   Promote inclusive and transparent political dialogue among all Congolese stakeholders with a view to furthering reconciliation and democratization and encourage the organization of credible and transparent provincial and local elections;

(c)   Encourage the prompt establishment and the consolidation of an effective national civilian structure to control key mining activities and to manage in an equitable manner the extraction and trade of natural resources in eastern DRC;

“15.  Authorizes MONUSCO, through its civilian component, to contribute, in coordination with the UNCT and in support of national mechanisms to implement the PSC Framework, to the following tasks:

(a)   Monitor, report and follow-up on human rights violations and abuses, and support the UN system in-country to ensure that any support provided by the United Nations in the eastern DRC shall be consistent with international humanitarian law and human rights law and refugee law as applicable;

(b)   Provide good offices, advice and support to the Government of the DRC to enable the development and finalisation of a clear and comprehensive SSR implementation roadmap including benchmarks and timelines to establish effective and accountable security institutions;

(c)   Provide good offices, advice and support to the Government of the DRC for a reform of the army, including, as a first step, the establishment of a vetted, well-trained and adequately equipped “Rapid Reaction Force” within the FARDC which should form the nucleus for a professional, accountable, well-sustained and effective national defence force, and support, when appropriate and in coordination with international partners, the training of the “Rapid Reaction Force” which should, in the frame of the benchmarks and timelines set by the SSR roadmap, develop the capacity to assume as soon as possible security responsibilities from the Intervention Brigade of MONUSCO;

(d)   Provide good offices, advice and support to the Government of the DRC for the design of a single overarching DDR and DDRRR plan for foreign and Congolese combatants not suspected of genocide, war crimes, crimes against humanity or gross violations of human rights, including members of the FARDC, and support, when appropriate, the implementation of this plan;

(e)   Provide good offices, advice and support to the Government of the DRC, in close cooperation with other international partners, to build on the Government’s STAREC and revised ISSSS to support the establishment of a minimum level of sustainable state authority and control in conflict-affected areas in eastern DRC, including through area-based efforts to improve security, state authority and enable the commencement of sustainable socio-economic recovery;

(f)   Provide good offices, advice and support to the Government of the DRC for the reform of the police, including by contributing, in compliance with the HRDDP, to the provision of training to battalions of the Congolese National Police (PNC);

(g)   Provide good offices, advice and support to the Government of the DRC for the development and the implementation, in accordance with the Congolese strategy for justice reform, of a multi-year joint United Nations justice support programme in order to develop the criminal justice institutions and processes, the police, the judiciary and prisons in conflict-affected areas;

(h)   Provide good offices, advice and support to the Government of the DRC to promote human rights and to fight impunity, including through the implementation of the Government’s “zero tolerance policy” with respect to discipline and human rights and international humanitarian law violations, committed by elements of the security forces, in particular its newly integrated elements;

(i)   Continue to collaborate with the Government of the DRC in the swift and vigorous implementation of the action plan to prevent and end the recruitment and use of children and sexual violence against children by FARDC, and continue dialogue with all listed parties to obtain further commitments and work towards the development and implementation of time bound action plans to end the recruitment and use of children and other violations of international humanitarian law;

“16.  Requests MONUSCO’s military component to support in particular, as appropriate, the implementation of the tasks outlined in paragraphs 15 (a), 15 (b), 15 (c), 15 (d) and 15 (i);

“17.  Requests the Secretary-General, to produce a detailed report and accompanying matrix reflecting the current division of labour between MONUSCO and the UNCT on tasks shared by the Mission, the UNCT and the Government of the DRC and setting out a clear roadmap, with accompanying timeline, to transfer to the UNCT to the fullest extent possible tasks where the UNCT has a comparative advantage or which take place in non-conflict areas, or to the Government of the DRC, in order to streamline the tasks assigned to MONUSCO’s military and civilian components, and expresses its intention to keep the mandate of MONUSCO under review on the basis of this report;

“18.  Decides that MONUSCO, in coordination with the UNCT, shall transfer as soon as feasible to the UNCT appropriate tasks that are not mentioned in paragraphs 12, 14 and 15 above, including technical election support and demining support, and calls upon MONUSCO to continue to work with the UNCT and the Congolese authorities towards the adoption and implementation of the Peace Consolidation Programme covering provinces not affected by the conflict, and requests MONUSCO, where appropriate, to continue transferring tasks to the UNCT in those provinces;

“19.  Decides that MONUSCO shall strengthen the presence of its military, police and civilian components in eastern DRC and reduce, to the fullest extent possible for the implementation of its mandate, its presence in areas not affected by conflict in particular Kinshasa and in western DRC, including through the roll-out of the United Nations Area Coordinator mechanism and Model Office concept as well as the appointment of further United Nations Area Coordinators and establishment of additional UN Joint Offices;

“20.  Urges the international community and donors to support MONUSCO and the UNCT in the DDR and DDRRR activities referred to in paragraph 15 (d) and ISSSS activities referred to in paragraph 15 (e) and calls upon the Government of the DRC and neighbouring States to remain engaged in the process;

“21.  Requests the Government of the DRC to arrest and hold accountable those responsible for war crimes and crimes against humanity in the country, including Sylvestre Mudacumura, and stresses the importance to this end of regional cooperation, including through cooperation with the ICC;

“22.  Encourages the Government of the DRC to continue to build on its cooperation with the Special Representative of the Secretary-General for Children and Armed Conflicts and the Special Representative of the Secretary-General on Sexual Violence in Conflict and to vigorously implement, with the support of MONUSCO as appropriate, the action plan to prevent and end the recruitment and use of children and sexual violence by the FARDC;

“23.  Encourages MONUSCO, in coordination with ICGLR members, to participate, as appropriate and within the limits of its capacities and mandate, in the activities of the Expanded Joint Border Verification Mechanism (EJVM) as a regional confidence building mechanism, consistent with paragraph 12 (c);

“24.  Calls on MONUSCO to coordinate strategies with other UN missions in the region for enhanced information-sharing in light of the attacks by the LRA, and reiterates support to the respective initiatives taken by the UN and the AU to facilitate regional action against the LRA, consistent with paragraph 12 (a);

“25.  Encourages MONUSCO to enhance its interaction with the civilian population to raise awareness and understanding about its mandate and activities through a comprehensive public outreach programme, and to collect reliable information on violations of international humanitarian law and abuses of human rights perpetrated against civilians consistent with paragraphs 12, 13, 14, 15 and 16;

“26.  Requests the Secretary-General to take the necessary measures to ensure full compliance of MONUSCO with the United Nations zero-tolerance policy on sexual exploitation and abuses and to keep the Council informed if cases of such conduct occur;

“27.  Demands that all parties cooperate fully with the operations of MONUSCO and allow the full, safe, immediate and unhindered access for United Nations and associated personnel, consistent with relevant provisions of international law, in carrying out their mandate and the delivery of humanitarian assistance, in particular to internally displaced persons, throughout the territory of the DRC;

“28.  Calls on all Member States to generously contribute to the UN humanitarian appeal for the DRC to help ensure that UN humanitarian agencies and other international organizations are fully funded and able to address the protection and assistance needs of internally displaced people, survivors of sexual violence, and other vulnerable communities;

“29.  Notes that it is important that all MONUSCO contingents, including the contingents of the Intervention Brigade, are properly prepared and effectively equipped to be able to carry out their respective tasks;

“30.  Requests MONUSCO to keep the AU, ICGLR and SADC informed of the operational situation in eastern DRC;

“31.  Commends the contribution of troop- and police-contributing countries and donors to MONUSCO, calls on Member States to pledge and provide the remaining force enablers, in particular military air assets, required for the Mission, and recalls the importance of close consultations with troop- and police-contributing countries;

“32.  Expresses its full support to the UN Group of Experts established by resolution 1533 (2004) and calls for enhanced cooperation between all States, particularly those in the region, MONUSCO and the Group of Experts, encourages further that all parties and all States ensure cooperation with the Group of Experts by individuals and entities within their jurisdiction or under their control and reiterates its demand that all parties and all States ensure the safety of its members and its support staff, and unhindered and immediate access, in particular to persons, documents and sites the Group of Experts deems relevant to the execution of its mandate;

“33.  Requests the Secretary-General, consistent with paragraph 31, to review and update the mission concept, concept of operations, rules of engagement and all other relevant UN planning documents to reflect the tasks of MONUSCO’s military component, consisting of its regular forces and of the Intervention Brigade, in order to ensure coherent and coordinated delivery of MONUSCO’s objectives in line with its mandate;

“34.  Requests the Secretary-General to report to the Council every three months:

(a)   in coordination with his Special Envoy for the Great Lakes region and his Special Representative for the DRC on the implementation of the commitments under the PSC Framework and on any breaches of the commitments contained therein, including on the basis of the benchmarks and appropriate follow-up measures referred to in paragraph 4 and paragraph 5;

(b)   in coordination with his Special Representative for the DRC on:

(i)   the situation on the ground, including sexual violence and the impact of conflict on women and children, and including in the light of the objectives outlined in paragraph 11 and on the basis of the joint assessment process allowed by the ongoing strategic partnership between the Congolese Government and MONUSCO;

(ii)  progress made by the DRC in the implementation of its commitments under the PSC Framework, including through the establishment and implementation of a national security sector reform roadmap and the creation of a Congolese “Rapid Reaction Force”, and on the design and implementation of the overarching DDR and DDRRR plan;

(iii)the implementation by MONUSCO of its mandate, including on the deployment, readiness and activities of the Intervention Brigade and all other MONUSCO forces, on any violations of international human rights law and international humanitarian law that may occur and on efforts undertaken to mitigate civilian harm;

(iv)  the reconfiguration of MONUSCO to conduct the tasks set out in paragraphs 12 and 13, to contribute to the tasks set out in paragraphs 14 and 15 and to transfer activities from MONUSCO to the UN country team as set out in paragraph 18, including on the basis of the matrix of division of labour referred to in paragraph 17 which should be presented within three months and updated regularly thereafter, and on the reinforcement of MONUSCO presence in eastern DRC;

(v)   the review and subsequent updating of the mission concept, concept of operations, rules of engagement and all other relevant UN planning documents;

(vi)  the risks and their implications for the safety and the security for the UN personnel and facilities as a result of the possible operations of the Intervention Brigade as well as measures taken to strengthen their security and mitigate risks;

“35.  Decides to remain actively seized of the matter.

“Annex A

Commitments of the countries of the region under the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region

-        Not to interfere in the internal affairs of neighbouring countries;

-        To neither tolerate nor provide assistance or support of any kind to armed groups;

-        To respect the sovereignty and territorial integrity of neighbouring countries;

-        To strengthen regional cooperation including deepening economic integration with special consideration for the exploitation of natural resources;

-        To respect the legitimate concerns and interests of the neighbouring countries, in particular regarding security matters;

-        To neither harbour nor provide protection of any kind to persons accused of war crimes, crimes against humanity, acts of genocide or crimes of aggression, or persons falling under the United Nations sanctions regime; and

-        To facilitate the administration of justice through judicial cooperation within the region.

“Annex B

Commitments of the Government of the Democratic Republic of the Congo under the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region

-        To continue, and deepen security sector reform, particularly with respect to the Army and Police;

-        To consolidate State authority, particularly in eastern Democratic Republic of the Congo, including to prevent armed groups from destabilizing neighbouring countries;

-        To make progress with regard to decentralization;

-        To further economic development, including with respect to the expansion of infrastructure and basic social service delivery;

-        To further structural reform of Government institutions, including financial reform; and

-        To further the agenda of reconciliation, tolerance and democratization.”

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For information media • not an official record