Security Council Authorizes Mandate Renewal for United Nations Organization Stabilization Mission in Democratic Republic of Congo
Permanent Representative Voices Regret Over Text’s Failure to Heed Recommendation on Reducing MONUSCO Force Levels
The Security Council today renewed until 31 March 2017 the mandate of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), including its Intervention Brigade, deciding to maintain its current force levels.
Unanimously adopting resolution 2277 (2016) under Chapter VII of the United Nations Charter, the Council took note of the Secretary-General’s recommendation to reduce MONUSCO’s force level by 1,700 troops, taking into account the progress made in developing an exit strategy and in addressing the threat posed by armed groups.
Recalling the 2,000-troop reduction endorsed in resolution 2211 (2015), the Council reaffirmed its intention to make that downsizing permanent through a revised troop ceiling, and requested that the Secretary-General report back on that specific issue. It reiterated that any future reconfigurations of MONUSCO and its mandate should be determined in consultation with the Government of the Democratic Republic of the Congo, based on the evolution of the situation on the ground.
The Council decided that MONUSCO’s strategic priorities would contribute to the protection of civilians from violence — including gender-based violence and violence against children — and stabilization, including by supporting the creation of an environment conducive to peaceful, credible and timely elections. It requested that the Mission consider child protection and gender considerations as cross-cutting issues across its mandate, and that the Secretary-General take necessary measures to ensure MONUSCO’s full compliance with the United Nations zero-tolerance policy on sexual exploitation and abuse. The Council urged troop-and police-contributing countries to take preventive actions and ensure full accountability in cases of such conduct involving their personnel.
By other terms, the Council stressed that MONUSCO’s exit should be “gradual and progressive” and tied to targets jointly developed with the Government. Specifically, it reiterated the need for a clear exit strategy for the Intervention Brigade — which, according to the text, had been extended on an exceptional basis, without creating a precedent or prejudice to the agreed principles of peacekeeping — including through progress in ending the threat posed by armed groups. The Council strongly condemned all armed groups operating in the region, demanding that they immediately end the violence, permanently disband, lay down their arms and release children from their ranks.
The Council, by further terms, called upon the Government and its national partners, including the Independent National Electoral Commission, to ensure a transparent and credible process towards holding presidential and legislative elections in November, underlining the importance of credible dialogue in that regard, and requesting that the Secretary-General provide political support.
Ignace Gata Mavita wa Lufuta (Democratic Republic of the Congo), speaking after the text’s adoption, expressed regret that it ignored several essential points, including plans to organize free elections with respect for the international standards of inclusivity, transparency and credibility. The Foreign Minister’s 23 March comments stressing the importance of peace and stability must not be interpreted as a pretext to delay elections, he emphasized. Rather, the Minister had wished to explain that the required conditions must be met to ensure that the elections were not marred by violence. The delay in the electoral process had been caused by opposition elements, which continued to block dialogue, he said, adding that the Council should have allowed the Independent National Electoral Commission to create a schedule for both the legislative and presidential elections.
Determined to secure the eastern part of the country, the Government would work to eradicate armed groups, which could only be done with the help of all countries in the region, especially those involved in that area, he said. The failure by some of them to uphold their commitments under the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region risked compromising that accord, he warned. Kinshasa was also surprised that the text made no reference to the serious situation, raised by the Group of Experts, of Burundian refugees being recruited, trained and armed by a foreign country, before being given Congolese ballot cards and inserted into the Democratic Republic of the Congo to cause trouble. Saying he did not understand the Council’s silence, he emphasized that his country would not accept to become a bastion for a new foreign armed group.
Voicing regret that the Council had not responded favourably to his country’s request that it reduce MONUSCO’s force levels, he stressed that its decision not to consider the Secretary-General’s recommendation of a 1,700-troop reduction demonstrated a lack of flexibility that could affect the Mission’s new leadership. Given its 17 years in the country, and the financial and logistical means at its disposal, MONUSCO should have achieved better results, he said, pointing out that the challenges facing it ran deep and necessitated a rethink. While the Government did not understand why the text did not reflect the progress it had made, it would continue to implement the multisectoral reforms begun decades ago, he said.
The meeting began at 10:12 a.m. and ended at 10:23 a.m.
Resolution
The full text of resolution 2277 (2016) 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 2211 (2015), 2198 (2015), 2147 (2014), 2136 (2014), and 2098 (2013),
“Reaffirming the basic principles of peacekeeping, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, and recognizing that the mandate of each peace-keeping mission is specific to the need and situation of the country concerned,
“Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the DRC as well as all States in the region and emphasizing the need to respect fully the principles of non-interference, good-neighbourliness and regional cooperation,
“Recalling that the Government of the DRC bears the primary responsibility to protect civilians within its territory and subject to its jurisdiction, including protection from crimes against humanity and war crimes,
“Recalling the commitments under the PSC Framework by all States of the region not to interfere in the internal affairs of neighbouring countries, and to neither tolerate nor provide assistance or support of any kind to armed groups,
“Noting that eastern DRC has continued to suffer from recurring cycles of conflict and persistent violence by armed groups, both Congolese and foreign, recalling the strategic importance of the implementation of the Peace, Security and Cooperation (PSC) Framework for the DRC and the Region, and reiterating its call to all signatories to fulfil promptly, fully and in good faith their respective commitments under this agreement in order to address the root causes of conflict and put an end to recurring cycles of violence, and promote lasting regional development,
“Encouraging the continuation of efforts by 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, encouraging the Government of the DRC to ensure continuous close cooperation with these and other international parties, and recognizing the efforts of the Government of the DRC aiming at the achievement of peace and national development,
“Reiterating its deep concern regarding the security and humanitarian crisis in eastern DRC due to ongoing destabilizing activities of foreign and domestic armed groups, expressing particular concern at the reports of growing inter-communal violence in some areas of eastern DRC, stressing the importance of neutralizing the Democratic Forces for the Liberation of Rwanda (FDLR), the Allied Democratic Forces (ADF), the Lord’s Resistance Army (LRA), and all other armed groups in the DRC, and recognizing the efforts of the Armed Forces of the DRC (FARDC) in that regard,
“Expressing concern at the illegal exploitation and trafficking of natural resources by armed groups, and the negative impact of armed conflict on protected natural areas, which undermines lasting peace and development for the DRC, and encouraging the Government of the DRC to continue efforts to safeguard those areas,
“Remaining deeply concerned by the persistent high levels of violence and violations and abuses of human rights and violations of international humanitarian law, condemning in particular those involving targeted attacks against civilians, widespread sexual and gender-based violence, recruitment and use of children by certain parties to the conflict, the forced displacement of significant numbers of civilians, extrajudicial executions and arbitrary arrests, recognizing their deleterious effect on the stabilization, reconstruction and development efforts in the DRC, and emphasizing that all those responsible for all such violations and abuses must be swiftly apprehended, brought to justice and held accountable,
“Remaining greatly concerned by the humanitarian situation that continues to severely affect the civilian population, in particular in eastern DRC, expressing deep concern regarding the very high number of internally displaced persons in the DRC, at more than 1.6 million, and the 170,000 refugees in the DRC, as well as the over 450,000 refugees from eastern DRC as a result of ongoing hostilities, as well as violations of international humanitarian law and violations and abuses of human rights, calling upon the DRC and all States in the region to work towards the peaceful environment conducive to the realization of durable solutions for refugees and internally displaced persons, including their eventual voluntary return and reintegration in the DRC in conditions of safety and dignity, with the support, as appropriate, of the United Nations Country Team, stressing that any such solution should be in line with relevant obligations under international refugee law, international humanitarian law and international human rights law, and stressing the need to manage the closure of camps in a manner that respects the rights of internally displaced persons, in accordance with international law,
“Expressing further concern at increased impediments to humanitarian access in eastern DRC resulting from insecurity, and attacks against humanitarian actors and assets, and calling upon all parties in the conflict to respect the impartiality, independence and neutrality of humanitarian actors,
“Noting with deep concern the delays in the preparation of the presidential elections scheduled for November 2016, in accordance with the Constitution, and that the update of the electoral register has not yet begun,
“Stressing the crucial importance of a peaceful and credible electoral cycle, in accordance with the Constitution, for stabilization and consolidation of constitutional democracy in the DRC, expressing deep concern at increased restrictions of the political space in the DRC, in particular recent arrests and detention of members of the political opposition and of civil society, as well as restrictions of fundamental freedoms such as the freedom of expression and opinion, and recalling the need for an open, inclusive and peaceful political dialogue among all stakeholders focused on the holding of elections, while ensuring the protection of fundamental freedoms and human rights, paving the way for peaceful, credible, inclusive, transparent and timely elections in the DRC, particularly presidential and legislative elections by November 2016, in accordance with the Constitution, while respecting the African Charter on Democracy, Elections and Governance,
“Remaining deeply concerned by reports of increased serious human rights and international humanitarian law violations committed by some members of the FARDC, the National Intelligence Agency (ANR), the Republican Guard and Congolese National Police (PNC), including against members of the opposition and of civil society in the context of the electoral process, urging all parties to refrain from violence and provocation, and emphasizing that the Government of the DRC must respect human rights and comply with the principle of proportionality in the use of force,
“Welcoming the agreement between the Independent National Electoral Commission (CENI) and the National Human Rights Commission to monitor and investigate all allegations of human rights violations and abuses before, during and after the electoral process, noting with concern the lack of progress in the investigations against alleged perpetrators of human rights violations and abuses committed during the 2011 electoral process as well as reports of instrumentalization of judicial institutions for political purposes, and calling for further efforts to hold those responsible to account,
“Recalling the importance of fighting impunity within all ranks of the FARDC and PNC, commending the DRC authorities for recent prosecutions and condemnations of FARDC and PNC officers for crimes against humanity and war crimes, and stressing the need for the Government of the DRC to continue to ensure the increased professionalism of its security forces,
“Taking note of the adoption by the National Assembly of the law implementing the Rome Statute of the International Criminal Court (ICC) in December 2015, stressing the need for continued cooperation with the ICC by the Government of the DRC, and stressing the importance of actively seeking to hold accountable those responsible for genocide, war crimes and crimes against humanity in the country,
“Recalling all its relevant resolutions on women, peace and security, on children and armed conflicts, and on the protection of civilians in armed conflicts, also recalling the conclusions on children and armed conflicts in the DRC (S/AC.51/2014/3) adopted on 18 September 2014 by the Security Council Working Group on Children and Armed Conflicts pertaining to the parties in armed conflicts of the DRC, and welcoming efforts of the Government of the DRC in this regard,
“Welcoming the efforts of MONUSCO and international partners in delivering training in human rights, international humanitarian law, gender mainstreaming, child protection and protection from sexual and gender-based violence for Congolese security institutions and underlining its importance,
“Welcoming the efforts of the Government of the DRC, including the Presidential Adviser on Sexual Violence and the Recruitment of Children, to cooperate with the Special Representative of the Secretary-General for Children and Armed Conflict, the Special Representative of the Secretary-General on Sexual Violence, and MONUSCO, to implement the action plan to prevent and end the recruitment and use of children and sexual violence by the FARDC, and to combat impunity for conflict-related sexual violence, including sexual violence committed by the FARDC,
“Taking note of the report of the Secretary-General (S/2014/181) which includes a list of parties credibly suspected of committing patterns of rape or other forms of sexual violence in situations of armed conflict, being on the Security Council agenda,
“Reaffirming that the successful protection of civilians is critical to the fulfilment of MONUSCO’s mandate and the delivery of an improved security environment, also stressing the importance of peaceful means and progress on key reforms to promote the protection of civilians,
“Reaffirming its strong support to the Special Representative of the Secretary-General for the DRC and MONUSCO in the implementation of their mandate, and strongly encouraging the continuation of their efforts,
“Stressing the urgency of resuming joint operations between FARDC and MONUSCO against armed groups, welcoming that on 28 January 2016 the Government of the DRC and MONUSCO committed to resume cooperation with a view to carrying out joint military operations against the FDLR, as well as other armed groups, including the ADF, and strongly encouraging the urgent resumption of such operations,
“Recalling that it is important that all MONUSCO contingents, including the contingents of the Intervention Brigade, are properly prepared and effectively equipped, staffed and supported to be able to sustain their commitment to carry out their respective tasks,
“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, reiterating its condemnation of any and all attacks against peacekeepers, and emphasizing that those responsible for such attacks must be held accountable,
“Reiterating its call upon the Secretary-General to take all measures deemed necessary to strengthen United Nations field security arrangements and improve the safety and security of all military contingents, police officers, military observers, and especially unarmed observers,
“Underlining the importance of MONUSCO deterring any threats to the implementation of its mandate,
“Emphasizing that MONUSCO’s activities should be conducted in such a manner as to facilitate post-conflict peacebuilding, prevention of relapse into armed conflict and progress towards sustainable peace and development,
“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,
PSC Framework
“1. Reiterates that fulfilment of the commitments made by the Government of the DRC and all signatory States under the PSC Framework remains essential to the achievement of long term stability of eastern DRC and the region, and urges the signatories to redouble their efforts in order to fully and promptly implement their commitments in good faith, including not harbouring war criminals;
“2. Calls on the Government of DRC, which has the primary responsibility for safeguarding the DRC’s sovereignty and territorial integrity, to make further meaningful progress in implementing its commitments under the PSC Framework, in particular as regards the consolidation of State authority, reconciliation, tolerance and democracy, and to remain fully committed to protecting the civilian population through the swift establishment of professional, accountable and sustainable security forces, the deployment of an accountable Congolese civil administration, in particular the police, judiciary, prison and territorial administration and the consolidation of rule of law and promotion and protection of human rights;
“3. Notes with deep concern the limited progress in those fields essential for the DRC’s stabilization and reiterates its call to the Government of the DRC to take further steps to uphold its national commitments to Security Sector Reform (SSR), including the support of an effective and sustainable Rapid Reaction Force, and to implement fully and immediately the national Disarmament, Demobilization and Reintegration (DDR) programme, all of which will require the allocation of necessary resources to the implementation of these critical processes;
“4. Calls for continued national efforts to address the threat posed by the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, including inter alia through ensuring the safe and effective management, storage and security of their stockpiles of weapons and ammunition, with the continued support of MONUSCO, as appropriate and within existing resources;
“5. Calls on the United Nations Special Envoy for the Great Lakes Region, to continue his regional and international engagement in furtherance of peace, stability, and economic development in the DRC and the region, including through the promotion of timely, credible, and inclusive national elections, regional dialogue and by continuing, in close coordination with the Secretary-General Special Representative for the DRC, to lead, coordinate and assess the implementation of the national and regional commitments under the PSC Framework, as well as to continue his engagement in regional initiatives with key partners to address the underlying root causes of conflict;
“6. Takes note of the United Nations Great Lakes Region Strategic Framework, and urges the donor community to provide the necessary support to help its implementation;
Political situation
“7. Calls on the Government of the DRC and its national partners, including the CENI, to ensure a transparent and credible electoral process, in fulfilment of their primary responsibility to create propitious conditions for the forthcoming elections, including prioritization of those conditions necessary for the presidential and legislative elections scheduled for November 2016 in accordance with the Constitution;
“8. Urges the Government as well as all relevant parties to ensure an environment conducive to a free, fair, credible, inclusive, transparent, peaceful and timely electoral process, in accordance with the Congolese Constitution, which includes free and constructive political debate, freedom of opinion and expression, freedom of assembly, equitable access to media including State media, safety and freedom of movement for all candidates, as well as for election observers and witnesses, journalists, human rights defenders and actors from civil society including women;
“9. Calls for the publication of a revised comprehensive electoral calendar for the full electoral cycle by the CENI and calls on the Government of the DRC to put swiftly in place an adequate electoral budget and an electoral code of conduct, and conduct without delay a credible update of the electoral register, to ensure the successful and timely holding of elections, in particular presidential and legislative elections on November 2016, in accordance with the Constitution, while respecting the African Charter on Democracy, Elections and Governance, and further calls upon all stakeholders, to engage into an open and inclusive political dialogue over the holding of presidential elections, in accordance with the Constitution;
“10. Underlines the importance of credible dialogue to ensure peaceful and credible presidential and legislative elections, in line with the Constitution, expresses support for the decision taken by the AU to undertake consultations on this dialogue, urges all national stakeholders to extend cooperation to the AU in this regard, and requests the Secretary-General to provide political support to these efforts consistent with this resolution, including through his good offices;
Human Rights
“11. Urges the Government of the DRC to hold accountable those responsible for violations of international humanitarian law or violations and abuses of human rights, as applicable, in particular those that may amount to war crimes and crimes against humanity, including those committed in the context of the electoral process, and stresses the importance to this end of both regional cooperation and cooperation with the ICC;
“12. Calls upon the Congolese authorities to ensure the prosecution of those responsible for the crimes involving grave human rights violations and abuses committed in the context of the 28 November 2011 elections and current electoral process;
“13. Welcomes efforts made by the Government of the DRC to combat and prevent sexual violence in conflict, including progress made in the fight against impunity through the arrest, prosecution and conviction of perpetrators from the FARDC and the PNC, and encourages the Government of the DRC to continue to strengthen its efforts in this area, including through the full implementation of its National Strategy and the commitments outlined in the Joint Communiqué between the Government of the DRC and the United Nations on the Fight Against Sexual Violence in Conflict adopted in Kinshasa on 30 March 2013;
“14. Calls upon the Government of the DRC to continue its efforts to combat impunity for conflict-related sexual violence, including sexual violence committed by the FARDC at all levels, noting that failure to do so may result in the FARDC being named again in future Secretary-General's reports on sexual violence, and to provide all necessary services and protection to survivors and victims, and further calls upon the Government of the DRC to take the necessary steps to ensure full compliance of its security forces with the zero-tolerance policy on sexual exploitation and abuses, and to take steps to institutionalize the mechanisms put in place to prevent and end the recruitment and use of children and sexual violence by the FARDC;
“15. Welcomes the progress made in the implementation of the Action Plan to prevent and end the recruitment and use of children by the FARDC, and calls upon the Government of the DRC to take all necessary steps to end and prevent violations and abuses against children, including those involving enlistment or detention of children by the FARDC;
Armed Groups
“16. Strongly condemns all armed groups operating in the region and their violations of international humanitarian law as well as other applicable international law, and abuses of human rights including those involving attacks on the civilian population, United Nations personnel and humanitarian actors, summary executions, sexual and gender based violence and large scale recruitment and use of children in violation of applicable international law, and reiterates that those responsible must be held accountable;
“17. Demands that the FDLR, the ADF, the LRA, and all other armed groups cease immediately all forms of violence and other destabilizing activities, including the exploitation of natural resources, and that their members immediately and permanently disband, lay down their arms and release children from their ranks, and recalls in this regard its resolution 2198 (2015) renewing the sanctions regime established by its resolution 1807 (2008);
“18. Calls for the urgent resumption of joint operations by the FARDC and MONUSCO, in accordance with its mandate, to ensure all efforts possible are being made to neutralize the FDLR and other armed groups and stresses the need to carry out operations in accordance with international law, including international humanitarian law and international human rights law, as applicable;
“19. Reiterates that the durable neutralization of the FDLR remains essential in bringing stability to and protecting civilians of the DRC and the Great Lakes region, recalls that the FDLR is a group under United Nations sanctions whose leaders and members include perpetrators of the 1994 genocide against the Tutsi in Rwanda, during which Hutu and others who opposed the genocide were also killed, and have continued to promote and commit ethnically-based and other killings in Rwanda and the DRC, encourages the Government of the DRC, with the support of the Special Envoy of the Secretary-General for the Great Lakes Region, to engage regional actors to find a durable solution to the repatriation of disarmed FDLR members and dependents, and encourages further disarmament of FDLR active leadership and combatants;
“20. Condemns the brutal killings of more than 500 civilians in the Beni area since October 2014, expresses deep concern regarding the persistence of violence in this region, stresses the need for a thorough and prompt investigation into these attacks in order to ensure that those responsible are held to account, calls on the Government of the DRC to take further military action, in accordance with international law, including international humanitarian law and international human rights law, as applicable, and with the support of MONUSCO in accordance with its mandate, to end the threat posed by the ADF and all other armed groups operating in the region;
“21. Requests the Governments of the DRC, Uganda and Rwanda to strengthen their collaboration to ensure the repatriation of former M23 combatants located in their territories consistent with the Nairobi declarations and in line with commitments under the PSC Framework, calls upon the former M23 leadership to cooperate fully with the repatriation of former combatants consistent with its commitment under the Nairobi declarations, and reiterates the importance of ensuring that all provisions of the signed documents are implemented swiftly and in good faith and, in this regard, that the M23 does not regroup, join other armed groups, or, resume military activities;
“22. Calls on the Government of the DRC to continue to implement and provide without delay appropriate funding to its DDR Plan including with regards to reintegration, training, and preparation for resettlement in communities, as well as to weapons and ammunition management activities, in order to be able to effectively deal with former combatants, including those already under FARDC responsibility and acknowledges that the absence of a credible DDR process is preventing armed elements from laying down their weapons;
“23. Recognizes the ongoing contribution of MONUSCO and FARDC in the fight against the LRA, encourages further efforts of the AU-Regional task force (AU-RTF), and urges greater cooperation, including operational cooperation, and information-sharing between MONUSCO, other United Nations Missions in the LRA-affected region, the AU-RTF, regional forces, national governments, international actors and non-governmental organisations, as appropriate, in tackling the threat of the LRA;
MONUSCO’s mandate
“24. Decides to extend until 31 March 2017 the mandate of MONUSCO in the DRC, including, on an exceptional basis and without creating a precedent or any prejudice to the agreed principles of peacekeeping, its Intervention Brigade;
“25. Decides that MONUSCO will maintain an authorized troop ceiling of 19,815 military personnel, 760 military observers and staff officers, 391 police personnel, and 1,050 personnel of formed police units;
“26. Takes note of the recommendation of the Secretary-General in his letter of 16 December 2015 (S/2015/983) to reduce the MONUSCO Force by 1,700 troops, taking into account progress in the development of an exit strategy and in addressing the threat posed by armed groups;
“27. Recalls the reduction of the MONUSCO Force by 2,000 troops endorsed in paragraph 3 of its resolution 2211 (2015), reaffirms its intention to make the troop reduction permanent through a revised troop ceiling, and to consider any further troop reduction once significant progress has been achieved regarding the priorities of MONUSCO’s mandate, consistent with paragraph 29 below, and requests the Secretary-General to report specifically on this issue in his next report pursuant to paragraph 50 below;
“28. Reiterates that any future reconfigurations of MONUSCO and its mandate should be determined in consultation with the Government of the DRC 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 objectives set out in paragraph 29 a) and b) below;
“29. Decides that the strategic priorities of MONUSCO are to contribute to the following objectives:
(a) Protection of civilians, through a comprehensive approach involving all components of MONUSCO, including through reduction of the threat posed by Congolese and foreign armed groups and of 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, professional, and accountable state institutions, including security and judicial institutions, and through support to the creation of an environment conducive to peaceful, credible and timely elections reducing the risk of instability, including open political space, and promotion and protection of human rights;
“30. Reiterates that multi-dimensional peacekeeping requires a comprehensive approach, and further requests all components of the MONUSCO Force as well as its police and the civilian components to work together in an integrated way;
“31. Notes that drivers behind different armed groups' activities are varied and that there is no purely military solution to the problem of armed groups, underlines the importance of enhanced political and conflict analysis to inform comprehensive military and civil responses to these armed groups across MONUSCO, including through collecting and analysing information on the criminal networks which support these armed groups, and further underlines the need for tailored responses in tackling armed groups;
“32. Stresses the need for coordination and cooperation between the Government of the DRC and other national authorities, United Nations entities and development actors to stabilize, improve security situation and assist in restoration of State authority;
“33. Reaffirms that the protection of civilians must be given priority in decisions about the use of available capacity and resources;
“34. Authorizes MONUSCO, in pursuit of the objectives described in paragraph 29 above, to take all necessary measures to carry out its mandate within its capabilities and areas of deployment;
“35. Decides that the mandate of MONUSCO shall include the following priority tasks, bearing in mind that these tasks as well as those in paragraph 36 below are mutually reinforcing tasks:
(i) Protection of civilians
(a) Ensure, within its area of operations, effective protection of civilians under threat of physical violence, including by deterring, preventing and stopping armed groups from inflicting violence on the populations, paying particular attention to civilians gathered in displaced and refugee camps, humanitarian personnel and human rights defenders, with a focus on violence emerging from any of the parties engaged in the conflict, as well as in the context of elections, and mitigating the risk to civilians before, during and after any military operation;
(b) Work with the Government of the DRC to identify threats to civilians and implement existing prevention and response plans and strengthen civil-military cooperation, including joint-planning, 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 violations and abuses committed against children and persons with disabilities, and requests MONUSCO to accelerate the coordinated implementation of monitoring, analysis and reporting arrangements on conflict-related sexual violence;
(c) Enhance its interaction with civilians to raise awareness and understanding about its mandate and activities through a comprehensive public outreach programme, to strengthen its early warning mechanism, and to increase its efforts to monitor and document violations of international humanitarian law and violations and abuses of human rights, including in the context of elections;
(d) Neutralize armed groups through the Intervention Brigade: in support of the authorities of the DRC, on the basis of information collection 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 in cooperation with the whole of MONUSCO, 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 in accordance with the standing operating procedures applicable to persons who are captured or who surrender, and with the human rights due diligence policy on United Nations-support to non-United Nations forces (HRDDP), prevent the expansion of all armed groups, neutralize these groups, and disarm them in order to contribute to the objective of reducing the threat posed by armed groups to state authority and civilian security in eastern DRC and to make space for stabilization activities;
(e) Provide good offices, advice and support to the Government of DRC to ensure actions against armed groups are supported by civilian and police components as part of consolidated planning which provides a comprehensive response to area-based stabilization efforts;
(f) Provide good offices, advice and support to the Government of the DRC, in close cooperation with other international partners, in the DDR of Congolese combatants not suspected of genocide, war crimes, crimes against humanity or abuses of human rights, into a peaceful civilian life in line with a community-based approach that is coordinated under the framework of the International Security and Stabilization Support Strategy (ISSSS), while paying specific attention to the needs of children formerly associated with armed forces and groups;
(g) Provide support to the disarmament, demobilization, repatriation, resettlement and reintegration (DDRRR) process to return and reintegrate foreign combatants not suspected of genocide, war crimes, crimes against humanity or abuses of human rights and their dependents to a peaceful civilian life in their country of origin, or a receptive third country while paying specific attention to the needs of children formerly associated with armed forces and groups;
(ii) Political situation
(a) Promote peace consolidation and inclusive and transparent political dialogue among all Congolese stakeholders, consistent with the Constitution, with a view to furthering reconciliation and democratization, while ensuring the protection of fundamental freedoms and human rights, paving the way for the holding of elections, consistent with the provisions of paragraph 8 above;
(b) Monitor, report to the Security Council, and follow-up on human rights violations and abuses and violations of international humanitarian law, including in the context of elections, to report on restrictions on political space and violence in the context of the elections, and support the United Nations system in-country to ensure that any support provided by the United Nations shall be consistent with international humanitarian law and human rights law and refugee law as applicable;
(c) Provide technical assistance and logistical support for the revision of the electoral register, and, only upon notification to the Security Council by the Secretary-General that the conditions outlined in paragraph 8 are being met, provide logistical support, as appropriate and in coordination with Congolese authorities and the UNCT, to facilitate the electoral cycle, and decides that this support will be continually assessed and reviewed according to the progress made by the Congolese authorities in the steering of the electoral process, particularly on presidential elections, in accordance with paragraphs 7, 8 and 9 above;
(d) Support and work with the authorities of the DRC to arrest and bring to justice those allegedly responsible for genocide, war crimes and crimes against humanity and violations of international humanitarian law and violations or abuses of human rights in the country, including leaders of armed groups, including through cooperation with States of the region and the ICC;
(e) Provide good offices, advice and support to the Government of the DRC to promote human rights, in particular civil and political 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 sector;
(f) 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 the FARDC, and continue dialogue with all listed parties to obtain further commitments and work towards the development and implementation of action plans to prevent and end violations and abuses against children;
(iii) Stabilisation
“Provide good offices, advice and support to the Government of the DRC, in close cooperation with other international partners, in the implementation of the revised ISSSS and related Provincial Stabilization Plans, and lead the coordination and oversight of the ISSSS;
(iv) Protection of the United Nations
“Ensure the protection of United Nations personnel, facilities, installations and equipment and the security and freedom of movement of United Nations and associated personnel;
“36. Further authorizes MONUSCO to use its capacities for the following essential tasks:
(i) Security Sector Reform (SSR)
(a) 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 units of the PNC and including human rights training;
(b) Provide good offices, advice and support to the Government of the DRC to encourage and accelerate national ownership of security sector reform by the Government of the DRC, including through developing a national strategy for the establishment of effective and accountable security institutions, as well as the development of a clear and comprehensive SSR implementation roadmap including benchmarks and timelines, and play a leading role in coordinating the support for SSR provided by international and bilateral partners and the United Nations system;
(c) Provide good offices, advice and support to the Government of the DRC, in compliance with the HRDDP, for army reform that would enhance its accountability, efficiency, self-sustainability, training, vetting and effectiveness, while noting that any support provided by the UN, including in the form of rations and fuel, should be subject to appropriate oversight and scrutiny;
(d) Provide good offices, advice and support to the Government of the DRC for the implementation of any appropriate recommendations for justice and prison sector reforms as contained in the final report of the Etats generaux de la Justice, including on the fight against impunity, for genocide, war crimes and crimes against humanity, in order to develop independent, accountable and functioning justice and security institutions;
(ii) Arms embargo
“Monitor the implementation of the arms embargo as described in paragraph 1 of resolution 2198 (2015) 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 dated 22 January 2013 (S/2013/44), surveillance capabilities provided by unmanned aerial systems, seize, collect, record and dispose of arms or related materiel brought into the DRC in violation of the measures imposed by paragraph 1 of resolution 2198 (2015), and exchange relevant information with the Group of Experts;
(iii) Mining activities
“Encourage the consolidation of an effective national civilian structure that controls key mining activities and manages in an equitable manner the extraction, transport, and trade of natural resources in eastern DRC;
Child protection, Sexual Violence and Abuse
“37. Requests MONUSCO to take fully into account child protection as a cross-cutting issue throughout its mandate and to assist the Government of the DRC in ensuring that the protection of children’s rights is taken into account, inter alia, in DDR processes and in SSR as well as during interventions leading to the separation of children from the FARDC and armed groups in order to end and prevent violations and abuses against children;
“38. Requests MONUSCO to take fully into account gender considerations as a crosscutting issue throughout its mandate and to assist the Government of the DRC in ensuring the participation, involvement and representation of women at all levels, including in stabilisation activities, SSR and DDR processes, as well as in the national political dialogue and electoral processes, through, inter alia, the provision of gender advisers, and further requests enhanced reporting by MONUSCO to the Council on this issue;
“39. Recalls its Presidential statement S/PRST/2015/22 and its resolution 2272 (2016), 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 fully informed through his reports to the Council about the Mission’s progress in this regard, and urges troop-and police-contributing countries to take appropriate preventative action including predeployment awareness training, and to ensure full accountability in cases of such conduct involving their personnel;
“40. Requests MONUSCO to ensure that any support provided to national security forces is in strict compliance with the United Nations HRDDP, and calls upon the Government of the DRC to work with MONUSCO to support the promotion of DRC security service personnel with reputable human rights records;
Humanitarian Access
“41. Demands that all parties allow and facilitate the full, safe, immediate and unhindered access of humanitarian personnel, equipment and supplies and the timely delivery of humanitarian assistance to populations in need, in particular to internally displaced persons, throughout the territory of the DRC, respecting the United Nations guiding principles of humanitarian assistance and relevant provisions of international law;
“42. Calls on all Member States to generously contribute to the United Nations humanitarian appeal for the DRC to help ensure that United Nations 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;
Support to the Group of Experts
“43. Expresses its full support to the United Nations Group of Experts established by resolution 1533 (2004), calls for enhanced cooperation between all States, particularly those in the region, MONUSCO and the Group of Experts, encourages timely information exchange between MONUSCO and the Group of Experts, further encourages all parties and all States to 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;
Force transformation and Exit strategy
“44. Demands that all relevant parties cooperate fully in the deployment, operations, and monitoring, verification, and reporting functions of MONUSCO, in particular by guaranteeing the safety, security, and unrestricted freedom of movement of United Nations and associated personnel, throughout the territory of the DRC;
“45. Requests MONUSCO to continue to maximise Force interoperability, flexibility and effectiveness in the implementation of the entirety of MONUSCO’s mandate, including by deploying rapidly deployable units and continuing to modernise and to strengthen the performance of the Force, bearing in mind the safety and security of all military contingents, police officers, military observers, and especially unarmed observers;
“46. Stresses that MONUSCO’s exit should be gradual and progressive, tied to specific targets to be jointly developed by the Government of the DRC and MONUSCO, in consultation with UNCT and other stakeholders;
“47. Reiterates its call to the Government of the DRC to make further steps to enter into a regular strategic dialogue with the United Nations, building on the joint assessment process initiated in 2010 to jointly develop a roadmap and exit strategy for MONUSCO, including its Intervention Brigade;
“48. Reiterates the need for a clear exit strategy of the Intervention Brigade, including through sustainable progress in ending the threat of armed groups and the implementation of sustainable SSR which may include the development of a Congolese rapid reaction force, requests the Secretary-General to report by December 2016 on the implementation of the tasks of the Intervention Brigade on the basis of the evolution of the situation on the ground, its integration within MONUSCO and its effectiveness, as well as on the progress of the transformation of the Force;
“49. Requests the Secretary-General to continue to make recommendations on the transition and reconfiguration of the United Nations presence in the country, based on the comparative advantages of the Mission and the UNCT, in order to continue to streamline the tasks assigned to MONUSCO, and urges the international community and donors to support MONUSCO and the UNCT and calls upon the Government of the DRC and neighbouring States to remain engaged in this process;
Reports by the Secretary-General
“50. Requests the Secretary-General to report to the Council every three months on the implementation of MONUSCO's mandate, including its Intervention Brigade, as set out in this resolution, including on:
(i) the situation on the ground, including updates on operations to neutralize armed groups and any instances where the Mission’s protection of civilians obligations are not fully met, as well as sexual violence and the impact of conflict on women and children;
(ii) progress made by the DRC on protecting human rights, on the electoral process, including on the provisions of paragraphs 7, 8 and 9 above, and in the implementation of its commitments under the PSC Framework, including through the establishment and implementation of a national SSR roadmap, its provincial stabilisation plan supported by the ISSSS and on the implementation of the DDR and DDRRR plans;
(iii) progress in the implementation of the recommendations of the strategic review, notably the measures taken to transform MONUSCO’s Force, including the deployment of rapidly deployable battalions, to become more efficient and effective in implementing its mandate;
(iv) progress on the definition of an exit strategy for MONUSCO, including the Intervention Brigade, and an assessment of the outcomes of the strategic dialogue with the Congolese authorities;
(v) the risks and their implications for the safety and the security for the United Nations personnel and facilities as a result of the possible military operations as well as measures taken to strengthen their security and mitigate risks;
“51. Requests the Secretary-General to report to the Security Council every six months, in coordination with the Secretary-General’s Special Envoy for the Great Lakes Region and the Special Representative of the Secretary-General for the DRC on the implementation of the commitments under the PSC Framework, and requests the Secretary-General to conduct a strategic review of the mandate of his Special Envoy for the Great Lakes Region by 30 September 2016 in order to present recommendations for the Special Envoy to better support Member States in the full implementation of their commitments under the PSC Framework, in full complementarity with MONUSCO, and taking into consideration the evolving challenges facing the region;
“52. Requests the Secretary-General to provide an update to the Council in his next report pursuant to paragraph 50 on the ways in which MONUSCO will be best prepared to address security risks and to monitor and report on human rights violations and abuses in the context of the elections, including in terms of deployment of the Force in areas identified as potential zones of instability and configuration of civilian and police component of MONUSCO;
“53. Decides to remain actively seized of the matter.”