Mandate

Transition of the Mission

Extending the mandate of MONUC for the last time until 30 June 2010, the Security Council, by its resolution 1925  of 28 May 2010 decided that from 1 July it would bear the title “United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO)”, in view of the new phase reached in the country.

According to Security Council resolution 1291 (2000)  of 24 February 2000:
MONUC had an authorized strength of up to 5,537 military personnel, including up to 500 observers, or more, provided that the Secretary General determined that there was a need and that it could be accommodated within the overall force size and structure, and appropriate civilian support staff in the areas, inter alia, of human rights, humanitarian affairs, public information, child protection, political affairs, medical and administrative support. MONUC, in cooperation with the Joint Military Commission (JMC), had the following mandate:

  1. To monitor the implementation of the Ceasefire Agreement and investigate violations of the ceasefire;
  2. To establish and maintain continuous liaison with the headquarters off all the parties military forces;
  3. To develop, within 45 days of adoption of resolution 1291 (2000) , an action plan for the overall implementation of the Ceasefire Agreement by all concerned with particular emphasis on the following key objectives: the collection and verification of military information on the parties forces, the maintenance of the cessation of hostilities and the disengagement and redeployment of the parties' forces, the comprehensive disarmament, demobilization, resettlement and reintegration of all members of all armed groups referred to in Annex A, Chapter 9.1 of the Ceasefire Agreement, and the orderly withdrawal of all foreign forces;
  4. To work with the parties to obtain the release of all prisoners of war, military captives and remains in cooperation with international humanitarian agencies;
  5. To supervise and verify the disengagement and redeployment of the parties' forces.
  6. Within its capabilities and areas of deployment, to monitor compliance with the provision of the Ceasefire Agreement on the supply of ammunition, weaponry and other war-related materiel to the field, including to all armed groups referred to in Annex A, Chapter 9.1;
  7. To facilitate humanitarian assistance and human rights monitoring, with particular attention to vulnerable groups including women, children and demobilized child soldiers, as MONUC deems within its capabilities and under acceptable security conditions, in close cooperation with other United Nations agencies, related organizations and non-governmental organizations;
  8. To cooperate closely with the Facilitator of the National Dialogue, provide support and technical assistance to him, and coordinate other United nations agencies' activities to this effect;
  9. To deploy mine action experts to asses the scope of the mine and unexploded ordnance problems, coordinate the initiation of the mine action activities, develop a mine action plan, and carry out emergency mine action activities as required in support of its mandate.

Acting under chapter VII of the Charter of the United Nations, the Security Council also decided that MONUC may take the necessary action, in the areas of deployment of its infantry battalions and as it deems it within its capabilities, to protect United Nations and co-located JMC personnel, facilities, installations and equipment, ensure the security and freedom of movement of its personnel, and protect civilians under imminent threat of physical violence.

Further by its resolution 1565 (2004) of 1 October 2004, the Security Council revised the mandate of MONUC and authorized the increase of MONUC's strength by 5,900 personnel, including up to 341 UN policepersonnel, as well as the deployment of appropriate civilian personnel, appropriate and proportionate air mobility assets and other force enablers, and expresses its determination to keep MONUC's strength and structure under regular review, taking into account the evolution of the situation on the ground. The Council decided that MONUC will have the following mandate:

  1. to deploy and maintain a presence in the key areas of potential volatility in order to promote the re-establishment of confidence, to discourage violence, in particular by deterring the use of force to threaten the political process, and to allow United Nations personnel to operate freely, particularly in the Eastern part of the Democratic Republic of the Congo,
  2. to ensure the protection of civilians, including humanitarian personnel, under imminent threat of physical violence,
  3. to ensure the protection of United Nations personnel, facilities, installations and equipment,
  4. to ensure the security and freedom of movement of its personnel,
  5. to establish the necessary operational links with the United Nations Operation in Burundi (ONUB), and with the Governments of the Democratic Republic of the Congo and Burundi, in order to coordinate efforts towards monitoring and discouraging cross-border movements of combatants between the two countries,
  6. to monitor the implementation of the measures imposed by paragraph 20 of resolution 1493 (2003) of 28 July 2003, including on the lakes, in cooperation with ONUB and, as appropriate, with the Governments concerned and with the group of experts referred to in paragraph 10 of resolution 1533 (2004)  of 12 March 2004, including by inspecting, as it deems it necessary and without notice, the cargo of aircraft and of any transport vehicle using the ports, airports, airfields, military bases and border crossings in North and South Kivu and in Ituri,
  7. to seize or collect, as appropriate, arms and any related materiel whose presence in the territory of the Democratic Republic of the Congo violates the measures imposed by paragraph 20 of resolution 1493 (2003) , and dispose of such arms and related materiel as appropriate,
  8. to observe and report in a timely manner, on the position of armed movements and groups, and the presence of foreign military forces in the key areas of volatility, especially by monitoring the use of landing strips and the borders, in particular on the lakes.

The Council decided that MONUC will also have the following mandate, in support of the Government of National Unity and Transition:

  1. to contribute to arrangements taken for the security of the institutions and the protection of officials of the Transition in Kinshasa until the integrated police unit for Kinshasa is ready to take on this responsibility and assist the Congolese authorities in the maintenance of order in other strategic areas, as recommended in paragraph 103 (c) of the Secretary-General's third special report ,
  2. to contribute to the improvement of the security conditions in which humanitarian assistance is provided, and assist in the voluntary return of refugees and internally displaced persons,
  3. to support operations to disarm foreign combatants led by the Armed Forces of the Democratic Republic of the Congo, including by undertaking the steps listed in paragraph 75, subparagraphs (b), (c), (d) and (e) of the Secretary-General's third special report ,
  4. to facilitate the demobilization and voluntary repatriation of the disarmed foreign combatants and their dependants,
  5. to contribute to the disarmament portion of the national programme of disarmament, demobilization and reintegration (DDR) of Congolese combatants and their dependants, in monitoring the process and providing as appropriate security in some sensitive locations,
  6. to contribute to the successful completion of the electoral process stipulated in the Global and All Inclusive Agreement, by assisting in the establishment of a secure environment for free, transparent and peaceful elections to take place,
  7. to assist in the promotion and protection of human rights, with particular attention to women, children and vulnerable persons, investigate human rights violations to put an end to impunity, and continue to cooperate with efforts to ensure that those responsible for serious violations of human rights and international humanitarian law are brought to justice, while working closely with the relevant agencies of the United Nations.

The Council authorized MONUC to use all necessary means, within its capacity and in the areas where its armed units are deployed, to carry out the above tasks.
The Council further decided that MONUC will also have the mandate, within its capacity and without prejudice to carrying out the above tasks, to provide advice and assistance to the transitional government and authorities, in accordance with the commitments of the Global and All Inclusive Agreement, including by supporting the three joint commissions outlined in paragraph 62 of the Secretary-General's third special report , in order to contribute to their efforts, with a view to take forward:

  1. Essential legislation, including the future constitution,
  2. Security sector reform, including the integration of national defence and internal security forces together with disarmament, demobilization and reintegration and, in particular, the training and monitoring of the police, while ensuring that they are democratic and fully respect human rights and fundamental freedoms,
  3. The electoral process.

In addition, by its resolution 1797 (2008)  of 30 January 2008, the Security Council authorized MONUC to assist the Congolese authorities in organizing, preparing and conducting local elections, expected to be held in the latter half of 2008.

Further by its resolution 1856 (2008)  of 22 December 2008, the Council decided to extend the deployment of MONUC until 31 December 2009 and authorized the continuation until that date of up to 19,815 military personnel, 760 military observers, 391 police personnel and 1,050 personnel of formed police Units.

The Council requested MONUC to attach the highest priority to addressing the crisis in the Kivus, in particular the protection of civilians, and to concentrate progressively during 2009 its action in the eastern part of the DRC.

The Council also decided that MONUC shall, from the adoption of this resolution, have the mandate, in this order of priority, working in close cooperation with the Government of the DRC in order to:

 

Protection of civilians, humanitarian personnel and United Nations personnel and facilities

  1. Ensure the protection of civilians, including humanitarian personnel, under imminent threat of physical violence, in particular violence emanating from any of the parties engaged in the conflict;
  2. Contribute to the improvement of the security conditions in which humanitarian assistance is provided, and assist in the voluntary return of refugees and internally displaced persons;
  3. Ensure the protection of United Nations personnel, facilities, installations and equipment;
  4. Ensure the security and freedom of movement of United Nations and associated personnel;
  5. Carry out joint patrols with the national police and security forces to improve security in the event of civil disturbance;

 

Disarmament, demobilization, monitoring of resources of foreign and Congolesearmed groups

  1. Deter any attempt at the use of force to threaten the Goma and Nairobi processes from any armed group, foreign or Congolese, particularly in the eastern part of the Democratic Republic of the Congo, including by using cordon and search tactics and undertaking all necessary operations to prevent attacks on civilians and disrupt the military capability of illegal armed groups that continue to use violence in that area;
  2. Coordinate operations with the FARDC integrated brigades deployed in the eastern part of the Democratic Republic of the Congo and support operations led by and jointly planned with these brigades in accordance with international humanitarian, human rights and refugee law with a view to:
    1. Disarming the recalcitrant local armed groups in order to ensure their participation in the disarmament, demobilization and reintegration process and the release of children associated with those armed groups;
    2. Disarming the foreign armed groups in order to ensure their participation in the disarmament, demobilization, repatriation, resettlement and reintegration process (DDRRR) and the release of children associated with those armed groups;
    3. Preventing the provision of support to illegal armed groups, including support derived from illicit economic activities;
  3. Facilitate the voluntary demobilization and repatriation of disarmed foreign combatants and their dependants;
  4. Contribute to the implementation of the national programme of disarmament, demobilization and reintegration (DDR) of Congolese combatants and their dependants, with particular attention to children, by monitoring the disarmament process and providing, as appropriate, security in some sensitive locations, as well as supporting reintegration efforts pursued by the Congolese authorities in cooperation with the United Nations Country Team and bilateral and multilateral partners;
  5. Use its monitoring and inspection capacities to curtail the provision of support to illegal armed groups derived from illicit trade in natural resources;

 

Training and mentoring of FARDC in support for security sector reform

  1. Provide military training, including in the area of human rights, international humanitarian law, child protection and the prevention of gender-based violence, to various members and units of the FARDC integrated brigades deployed in the eastern part of the Democratic Republic of the Congo, as part of international broader efforts to support the security sector reform;
  2. In coordination with international partners, including the European Union operations EUSEC and EUPOL, to contribute to the efforts of the international community to assist the Congolese Government in the initial planning process of the security sector reform, to build credible, cohesive, and disciplined Congolese armed forces and to develop the capacities of the Congolese national police and related law enforcement agencies;

 

Territorial security of the Democratic Republic of the Congo

  1. Observe and report in a timely manner on the position of armed movements and groups and the presence of foreign military forces in the key areas of volatility, especially by monitoring the use of landing strips and the borders, including on the lakes;
  2. Monitor the implementation of the measures imposed by paragraph 1 of resolution 1807 (2008), in cooperation, as appropriate, with the Governments concerned and with the Group of Experts established by resolution 1533 (2004), including by inspecting, as it deems necessary and without notice, the cargo of aircraft and of any transport vehicle using the ports, airports, airfields, military bases and border crossings in North and South Kivu and in Ituri;
  3. Seize or collect, as appropriate, the arms and any related materiel whose presence in the territory of the Democratic Republic of the Congo violates the measures imposed by paragraph 1 of resolution 1807 (2008) and to dispose of such arms and related materiel as appropriate;
  4. Provide assistance to the competent customs authorities of the Democratic Republic of the Congo in implementing the provisions of paragraph 8 of resolution 1807 (2008);
  5. Assist the Government of the Democratic Republic of the Congo, in enhancing its demining capacity;

The Council also decided that MONUC will also have the mandate, in close cooperation with the Congolese authorities, the United Nations Country Team and donors, to support the strengthening of democratic institutions and the rule of law and, to that end, to:

  1. Provide advice to strengthen democratic institutions and processes at the national, provincial, regional and local levels;
  2. Promote national reconciliation and internal political dialogue, including through the provision of good offices, and support the strengthening of civil society and multi-party democracy, and give the necessary support to the Goma and Nairobi processes;
  3. Assist in the promotion and protection of human rights, with particular attention to women, children and vulnerable persons, investigate human rights violations and publish its findings, as appropriate, with a view to putting an end to impunity, assist in the development and implementation of a transitional justice strategy, and cooperate in national and international efforts to bring to justice perpetrators of grave violations of human rights and international humanitarian law;
  4. In close coordination with international partners and the United Nations Country Team, provide assistance to the Congolese authorities, including the National Independent Electoral Commission, in the organization, preparation and conduct of local elections;
  5. Assist in the establishment of a secure and peaceful environment for the holding of free and transparent local elections that are expected to be held by the end of June 2009;
  6. Contribute to the promotion of good governance and respect for the principle of accountability;
  7. In coordination with international partners, advise the Government of the Democratic Republic of the Congo in strengthening the capacity of the judicial and correctional systems, including the military justice system.