Security Council Resolution 2098 (2013) [on Extension of the Mandate of the Un Organization Stabilization Mission in the Democratic Republic of the Congo (Monusco) Until 31 Mar. 2014]

S/RES/2098(2013)No PDF available

Who created this mandate?

Under agenda item 104The situation concerning the Democratic Republic of the Congo, published in 2013.

Who cites this mandate in the budget?

1 entity

A dot marks an entity citing this document in its “Mandates and background” narrative rather than only its Legislative mandates list. Many do both.

Extracted automatically from each entity’s budget submission.

What subjects does this mandate have?

12 topics

Arms Embargo Democratic Republic of the Congo Democratic Republic of the Congo Situation Good Offices Great Lakes Region (Africa)Human Rights Violations Military Reform Partnership Peacekeeping Operations Police Regional Security Staff Security

Which reports were submitted under this mandate?

8 reports of the Secretary-General submitted under this mandate, 2013–2014.

Reports

2014S/2014/153Report of the Secretary-General on the implementation of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region
2014S/2014/157Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo
2013S/2013/773Report of the Secretary-General on the implementation of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region
2013S/2013/757Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo
2013S/2013/581Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo

Identified automatically from the metadata in each report’s UN Digital Library catalogue record.

What does this mandate say?

64 operative paragraphs

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;

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

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;

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;

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;

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;

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;

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;

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;

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;

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:

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;

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;

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;

Protection of civilians

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;

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;

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;

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;

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;

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);

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

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;

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;

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;

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:

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;

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;

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;

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;

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;

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);

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;

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;

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;

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);

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;

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;

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;

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;

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;

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;

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);

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);

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;

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;

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;

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;

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;

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

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;

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;

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;

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

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;

in coordination with his Special Representative for the DRC on:

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;

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;

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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;

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;

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

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;

Decides to remain actively seized of the matter.

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.

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.

Paragraph content is machine-extracted from UN documents. For authoritative content, please refer to the official UN document.

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