United
Nations Security Council
France:
draft resolution
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.
Rÿequests 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 o71 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 anyviolence 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 condemn# 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.
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