Security Council resolution 2076 (2012) [on the situation in the Democratic Republic of the Congo]
Symbol: S/RES/2076 (2012)
Date: 2012-11-20
Status: adopted
Agenda: S/67 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/67 [104] UN ORGANIZATION STABILIZATION MISSION IN THE DEMOCRATIC REPUBLIC OF THE CONGO
Subjects: UN Organization Stabilization Mission in the Democratic Republic of the Congo|African Union|Southern African Development Community|International Conference on the Great Lakes Region. Expanded Joint Verification Mechanism|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|GOMA (DEMOCRATIC REPUBLIC OF THE CONGO)|NORD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|HUMANITARIAN ASSISTANCE|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|GREAT LAKES REGION (AFRICA)|HUMAN RIGHTS IN ARMED CONFLICTS|REFUGEES|DISPLACED PERSONS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUATEMALA
vote: yes
country: INDIA
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                S/RES/2076 (2012)
               Security Council                                              Distr.: General
                                                                             20 November 2012




               Resolution 2076 (2012)
               Adopted by the Security Council at its 6866th meeting, on
               20 November 2012

                    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



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               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



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           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 troopand 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



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               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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