Security Council extends DR Congo mission until 31 march 2005

3 Mar 2009

Security Council extends DR Congo mission until 31 march 2005

The Security Council unanimously adopts resolution 1565

Extending the deployment of the United Nations Mission in the Democratic Republic of the Congo until 31 March 2005, the Security Council today authorized an additional 5,900 personnel for the Mission and defined wide-ranging terms for its expanded capacity, giving it the authority to use ?all necessary means? to carry out its tasks.
Acting under Chapter VII of the Charter, the Council unanimously adopted resolution 1565 (2004), by which it requested Secretary-General Kofi Annan to arrange the rapid deployment of additional military capabilities for the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) and to deploy all the brigades and appropriate force enablers in the provinces of North and South Kivu.

This action follows a recent appeal from the Secretary-General, who, following today's vote, said the decision to expand the Mission's strength by an additional 5 900 military and civilian police personnel would improve the Mission's operational capacity, which was severely under-resourced at the moment. The new ceiling of 16 700, however, fell well below the figure of 23 900 troops and 507 civilian personnel he had recommended.

In view of that reduction, he said that MONUC would have to review the scope of the support it could provide to the peace process, as his original recommendations had been made on different assumptions. He had instructed the Department of Peacekeeping Operations to review the tasks that could be performed within the new ceiling, as the total military and police strength recommended was a minimum requirement to effectively meet the country's current challenges. He, therefore, welcomed the Council's intention to keep the Mission's strength under review and hoped it would favourably revisit the issue.

Among the tasks assigned to the Mission today, the Council mandated MONUC to deploy and maintain a presence in the key areas of potential volatility to promote the re-establishment of confidence, discourage violence and allow United Nations personnel to operate freely, particularly in the eastern part of the country. The Mission was also tasked with ensuring the protection of civilians, including humanitarian personnel, under imminent threat of physical violence, and to seize or collect the arms and any related materiel whose presence in the territory of the country violated measures imposed by resolution 1493 (2003).

In support of the Government of National Unity and Transition, the Council also mandated the Mission to contribute to arrangements 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 that responsibility, and assist the Congolese authorities in maintaining order in other strategic areas.

The Mission was also tasked with, among other things, supporting operations to disarm foreign combatants led by the Armed Forces of the Democratic Republic of the Congo, contributing to the successful completion of the electoral process stipulated in the Global and All Inclusive Agreement, and assisting in the promotion and protection of human rights.

The Council decided that MONUC would have the mandate to provide advice and assistance to the Transitional Government, including by supporting three joint commissions outlined in the Secretary-General's report, with a view to taking forward essential legislation, including the future constitution, security sector reform and the electoral process. The Transitional Government was called upon to cooperate closely with MONUC in establishing the three joint commissions.

The Council also urged each of the Governments of the Democratic Republic of the Congo, Burundi, Rwanda and Uganda to ensure that its territory is not used to infringe the sovereignty of the others, to realize the complete normalization of their bilateral relations and to actively cooperate in assuring security along their common borders.

Also by the terms of the text, the Secretary-General was requested to inform the Council of developments in the situation in the country and to submit to it, before 28 February 2005, a report on the execution of MONUC's mandate, including an evaluation of the structure and strength of its military, civilian and police components, with a view to their adjustment according to progress made on the ground and remaining tasks.

Speaking after today's vote, Stuart W. Holliday (United States) said, as the Council acted to strengthen MONUC's capacity, it must also call on the Congolese parties to fulfil their responsibilities to the Congolese people and do much more to play their part in a successful political process. 'We are at a delicate time in the Democratic Republic of the Congo, yet one of increased hope', he said. Within the past eight days, the Memorandum of Intent on Regional Security in the Great Lakes of Africa and the Joint Verification Mechanism had been signed. To fulfil the promise of peace, it was incumbent upon all parties to stick to their commitments under those agreements.

He also noted that it was the United States policy to ensure that members of its Armed Forces participating in United Nations peace operations were protected from criminal prosecution or other assertion of jurisdiction by the International Criminal Court (ICC), including through the possible inclusion of express provisions providing such protection. The United States had an 'Article 98' agreement with the Democratic Republic of the Congo that would prohibit that country from surrendering United States personnel to the ICC should they participate in the future. The United States supported the resolution with the understanding that it did not direct MONUC to cooperate with the ICC. Any expenses resulting from the provision of any cooperation or support to the ICC would need to be on a reimbursable basis.