21 11 12 Security Council, Adopting Resolution 2076, Demands Immediate Withdrawal of ‘M23’ Rebels from Key Congolese City, End to ‘Any and All’ Outside Support
The
Security Council this evening demanded the immediate withdrawal of the armed
group known as the 23 March Movement (M23) from the major eastern Congolese city
of Goma and the cessation of any further advances, calling for a clarification
of reports of external support provided to the group and stating its readiness
to act on the basis of information received.
Unanimously adopting resolution 2076 (2012) under the
Charter’s Chapter VII, the Council strongly condemned the M23 for its resumption
of attacks, its entry into Goma today and its attacks on the civilian
population, on peacekeepers of the United Nations Organization Stabilization
Mission in the Democratic Republic of the Congo (MONUSCO) and on humanitarian
actors, condemning in that context its abuses of human rights, including summary
executions, gender-based violence and large-scale recruitment of child
soldiers.
Demanding
that “any and all outside support cease immediately” to the M23, the Council
requested the Secretary-General to report in the coming days on the allegations
of such support in coordination with the International Conference on the Great
Lakes region and the African Union, expressing its readiness to “take further
appropriate measures” on the basis of the report, including consideration of
targeted sanctions against external supporters as well as the leadership of the
M23. It called on all relevant actors to use their influence on the M23 to
bring about an end to attacks.
Also in
the coming days, the Council requested the Secretary-General to report on
options for possible redeployments, in consultation with all partners, of
MONUSCO personnel and materiel within the current authorized ceiling in order to
better protect civilians and report on flows of arms across the borders of the
eastern Democratic Republic of the Congo.
Following
the adoption, Congolese representative Seraphin Ngwej said the rapidly
deteriorating situation had begun five days ago in North Kivu after attacks on
his country’s armed forces. He said evidence was mounting regarding Rwanda’s
involvement in the Goma war. What had resulted was grave suffering, loss of
life, rape, the forced recruitment of children as well as the displacement of
large numbers of people and the halting of economic
activities.
He asked
the Security Council to strongly condemn the Rwandan troops’ violations of human
rights, to demand that Rwanda immediately end acts of aggression and to remove
its troops from Goma and the country. He also asked the Council to urge an end
to violence and all activities aimed at destabilizing his Government, to support
its efforts to re-establish authority in the east of the country and to apply
sanctions against all leaders in the M23 and the Rwandan officers cited in the
mid-term report of the United Nations Group of Experts.
He hoped,
he said, that MONUSCO would become better able to respond, with the goal of
maintaining peace.
Rwanda’s
responsibility in destabilizing his country had been established, he said,
urging the Council to conclude that Rwanda had violated the United Nations
Charter, in presenting a serious threat to international peace and security in
the subregion, through the threat or the use of force against the territorial
integrity of a State. The Council, he said, should take the necessary action to
restore peace and security in North Kivu. Frank dialogue with Rwanda could
resolve the current security problems, he said, calling on the United Nations to
facilitate it.
Rwanda’s
representative, Olivier Nduhungirehe, taking the floor next, denied the account
of the Congolese representative, stating that his country had spoken out against
the ending of the ceasefire in the eastern Democratic Republic of the Congo and
calling for the truce to be resumed. Rwanda had also been subjected to rocket
attacks from the Democratic Republic of the Congo, resulting in fatalities.
Those attacks had at first been acknowledged by Congolese authorities, but then
a Government spokesman denied them. He asked the Council to condemn such
attacks against a country that was not a party to the conflict and was trying to
resolve the situation at the highest level.
What was
needed in the eastern Democratic Republic of the Congo, he said, was dialogue
between the parties. The war in there was having negative effect on his
country. Sanctions would only have counterproductive effects on the ground, he
stressed, adding that his country was prepared to help bring about peace and
assist refugees from the conflict.
The
meeting began at 7:53 p.m. and ended at 8:11 p.m.
Resolution
The full
text of resolution 2076 (2012) 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 the presidential statement S/PRST/2012/22 of 19 October 2012
and the press statements of 2 August 2012 and 17 November 2012 on the situation
in eastern DRC,
“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,
“Reiterating its deep concern regarding the
rapidly deteriorating security and humanitarian crisis in eastern DRC due to
ongoing military activities of the 23 March Movement
(M23),
“Expressing its deep concern regarding the
resumption of attacks by the M23 and the entry of the M23 into the city of Goma
on 20 November 2012, as well as the continuation of serious violations of
international humanitarian law and abuses of human rights law by the M23 and
other armed groups,
“Calling for all perpetrators, including
individuals responsible for violence against children and acts of sexual
violence, to be apprehended, brought to justice and held accountable for
violations of applicable international law,
“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 expressing deep concern at
reports and allegations indicating that such support continues to be provided to
the M23,
“Expressing concern at the possible
negative impact of the prevailing situation in North Kivu on the security and
humanitarian situation in South Kivu,
“Expressing deep concern regarding the
increasing number of displaced persons and refugees in Eastern DRC caused by the
resumption of the attacks of the M23,
“Welcoming the efforts of the United
Nations Secretary-General as well as of the International Conference on the
Great Lakes Region (ICGLR), the Southern African Development Community (SADC)
and the African Union, to restore peace and security in Eastern
DRC,
“Welcoming the efforts of the Chair of the
ICGLR in convening the Extraordinary Summits of 15 July 2012, 7-8 August 2012, 8
September 2012 and 8 October 2012 to address the situation in Eastern
DRC,
“Stressing the primary responsibility of
the Government of the DRC for ensuring security in its territory and protecting
its civilians with respect for the rule of law, human rights and international
humanitarian law,
“Calling on all parties to cooperate fully
with the United Nations Organization Stabilization Mission in the DRC (MONUSCO)
and reiterating its condemnation
of any attacks against peacekeepers,
“Determining that the situation in the DRC
constitutes a threat to international peace and security in the
region,
“Acting under Chapter VII of the Charter of
the United Nations,
“1.
Strongly condemns the resumption
of attacks by the M23 in North-Kivu and the entry of the M23 into the city of
Goma on 20 November 2012;
“2.
Demands the immediate withdrawal
of the M23 from Goma, the cessation of any further advances by the M23 and that
its members immediately and permanently disband and lay down their arms, and
further demands the restoration
of State authority of the Government of the DRC in Goma and in
North-Kivu;
“3.
Strongly condemns the M23 and all
its attacks on the civilian population, MONUSCO peacekeepers and humanitarian
actors, as well as its abuses of human rights, including summary executions,
sexual and gender based violence and large scale recruitment and use of child
soldiers, further condemns the
attempts by the M23 to establish an illegitimate parallel administration and to
undermine State authority of the Government of the DRC, and reiterates that those responsible for
crimes and human rights abuses will be held
accountable;
“4.
Expresses deep concern at reports
indicating that external support continues to be provided to the M23, including
through troop reinforcement, tactical advice and the supply of equipment,
causing a significant increase of the military abilities of the M23, and
demands that any and all outside
support to the M23 cease immediately;
“5.
Requests the Secretary-General to
report in the coming days, in coordination with the ICGLR and the African Union
(AU), on the allegations of external support to the M23 and expresses its readiness to take further
appropriate measures on the basis of this report;
“6.
Calls on the ICGLR to monitor and
inquire into, including by making active use of the Expanded Joint Verification
Mechanism (EJVM), reports and allegations of outside support and supply of
equipment to the M23, and 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
EJVM;
“7.
Expresses concern that M23
commanders Innocent Kaina and Baudouin Ngaruye are engaging in activities for
which the Committee established pursuant to resolution 1533 (2004) may designate
individuals pursuant to paragraph 4 of resolution 1857 (2008), and directs the Committee to review, as a
matter of urgency, their activities and those of any other individuals who meet
the criteria for designation;
“8.
Expresses its intention to
consider additional targeted sanctions, in accordance with the criteria set out
in resolution 1857 (2008), against the leadership of the M23 and those providing
external support to the M23 and those acting in violation of the sanctions
regime and the arms embargo, and calls
on all Member States to submit, as a matter of urgency, listing
proposals to the 1533 Committee;
“9.
Requests the Secretary-General to
report in the coming days on options, and their implications, for the possible
redeployments, in consultation with troop- and police-contributing countries, of
MONUSCO contingents and additional force multipliers, observation capabilities
and troops within the current authorized ceiling, which, in regard to the
current crisis, could improve the ability of MONUSCO to implement its mandate,
including to protect civilians and report on flows of arms and related materiel
across the borders of Eastern DRC, and in this context expresses its intention to keep the
mandate of MONUSCO under review;
“10.
Calls on all relevant actors to
use their influence on the M23 to bring about an end to
attacks;
“11.
Calls on all parties, in
particular the M23, to allow safe, timely and unhindered humanitarian access to
those in need in accordance with international law, including applicable
international humanitarian law and the guiding principles of humanitarian
assistance, and to refrain from any violence against
civilians;
“12.
Calls upon all parties to respect
the civilian and humanitarian character of refugee camps and internally
displaced persons sites and stresses the need to prevent any forced
recruitment of individuals, including children by parties to the
conflict;
“13.
Commends the active steps taken
by MONUSCO to implement its mandate, in particular the protection of civilians,
further commends in this regard
the tireless efforts of all MONUSCO contingents, particularly in and around
Goma, and encourages the continuation of their
efforts;
“14.
Emphasizes that any attempts to
undermine MONUSCO’s ability to implement its mandate will not be tolerated and
condemns all individuals and
entities who plan, sponsor or participate in attacks against
MONUSCO;
“15.
Welcomes and emphasizes the importance of the
continuation of the efforts of the ICGLR, the Southern African Development
Community (SADC) and the AU to resolve the conflict and find a durable political
solution, and calls on them and
States of the region to coordinate their efforts in order to bring about an end
to attacks, stabilize the situation and facilitate dialogue between relevant
parties;
“16.
Welcomes the designation of
Boubacar Gaoussou Diarra as Special representative of the African Union for the
Great Lakes region, requests the
United Nations Secretary-General to report to the Council on options for
high-level dialogue between relevant parties to address short-term and long-term
causes underlying the political, security and humanitarian crises in Eastern
DRC, including the option of the possible designation of a special envoy, and
further requests the
Secretary-General to report to the Council in the coming days on the evolution
of the crisis and on diplomatic efforts, including his
own;
“17.
Emphasizes the primary
responsibility of the Government of the DRC to reinforce State authority and
governance in Eastern DRC, including through effective security sector reform to
allow army and police reform, and to end impunity for abuses of human rights and
violations of international humanitarian law, and urges the Government of the DRC to
increase efforts to provide security, reform the security sector, protect
civilians and respect human rights;
“18.
Decides to remain actively seized
of the matter.”