Security Council resolution 2198 (2015) [on renewal of measures on arms embargo against the Democratic Republic of the Congo imposed by Securiy Council resolution 1807 (2008) and extension of the mandate of the Group of Experts Established pursuant to Resolution 1533 (2004) until 1 Aug. 2016]
Symbol: S/RES/2198 (2015)
Date: 2015-01-29
Status: adopted
Agenda: S/70 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/70 [104] UN ORGANIZATION STABILIZATION MISSION IN THE DEMOCRATIC REPUBLIC OF THE CONGO
Subjects: UN. Group of Experts Established pursuant to Resolution 1533 (2004)|UN Organization Stabilization Mission in the Democratic Republic of the Congo|UN. Security Council Committee Established pursuant to Resolution 1533 (2004) concerning the Democratic Republic of the Congo|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|ARMS TRANSFERS|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|SANCTIONS COMPLIANCE|PEACEKEEPING OPERATIONS|MILITARY ACTIVITY|RELIEF PERSONNEL|FROZEN ASSETS|NATURAL RESOURCES|HUMANITARIAN ASSISTANCE|GROUPS OF EXPERTS|STAFF SECURITY
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                     S/RES/2198 (2015)
               Security Council                                                  Distr.: General
                                                                                 29 January 2015




               Resolution 2198 (2015)
               Adopted by the Security Council at its 7371st meeting, on
               29 January 2015
                    The Security Council,
                    Recalling its previous resolutions and the statements of its President
               concerning the Democratic Republic of the Congo (DR C),
                      Reaffirming its strong commitment to the sovereignty, independence, unity and
               territorial integrity of the DRC as well as all States in the region and emphasizing
               the need to respect fully the principles of non-interference, good neighbourliness
               and regional cooperation,
                     Stressing the primary responsibility of the Government of the DRC for
               ensuring security in its territory and protecting its populations with respect for the
               rule of law, human rights and international humanitarian law,
                     Taking note of the interim report (S/2014/428) and the final report (S/2015/19)
               of the Group of Experts on the DRC (“the Group of Experts”) established pursuant
               to resolution 1771 (2007) and extended pursuant to resolutions 1807 (2008), 1857
               (2008), 1896 (2009), 1952 (2010), 2021 (2011), 2078 (2012) and 2136 (2014) and of
               their recommendations,
                     Recalling the strategic importance of the implementation of the Peace,
               Security and Cooperation (PSC) Framework for the DRC and the region, and
               reiterating its call to all signatories to fulfil promptly, fully and in good faith their
               respective commitments under this agreement in order to address the root causes of
               conflict and put an end to recurring cycles of violence,
                     Reiterating its deep concern regarding the security and humanitarian crisis in
               eastern DRC due to ongoing military activities of foreign and domestic armed
               groups and the smuggling of Congolese natural resources, stressing the importance
               of neutralizing all armed groups, including the Democratic Forces for the Liberation
               of Rwanda (FDLR), the Allied Democratic Forces (ADF), the Lord’s Resistance
               Army (LRA), the National Liberation Forces (FNL), and all other armed groups in
               the DRC, in line with resolution 2147 (2014),
                     Recalling its Presidential statement of 8 January 2015 (S/PRST/2015/1) and
               reiterating that the swift neutralization of the FDLR is a top priority in bringing
               stability to and protecting civilians of the DRC and the Great Lakes region, noting
               with deep concern repeated reports of collaboration between elements of the

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               Congolese Armed Forces (FARDC) and the FDLR at a local level, recalling that the
               FDLR is a group under UN sanctions whose leaders and members include
               perpetrators of the 1994 genocide against the Tutsi in Rwanda, during which Hutu
               and others who opposed the genocide were also killed, and have continued to
               promote and commit ethnically based and other killings in Rwanda and in the DRC,
                     Noting with great concern that the 2 January 2015 deadline set by the
               International Conference on the Great Lakes Region (ICGLR) and the Southern
               African Development Community (SADC) has passed, and that the FDLR has n ot
               only failed to unconditionally and fully surrender and demobilize, but has also
               continued to recruit new fighters in their ranks,
                     Condemning the brutal killings of hundreds of civilians in the Beni area in
               recent months, expressing deep concern regarding the persistence of violence in this
               region, and stressing the need for a thorough and prompt investigation into these
               attacks in order to ensure that those responsible are held to account, as well as
               calling the DRC for further military action, in accordance with international law,
               including international humanitarian law and international human rights law, as
               applicable, and with the support of the United Nations Organization Stabilization
               Mission in the DRC (MONUSCO), in accordance with its mandate und er resolution
               2147 (2014), to end the threat posed by the ADF and all other armed groups
               operating in the region,
                     Reaffirming the importance of completing the permanent demobilization of the
               former 23 March Movement (M23) combatants, stressing the importance of
               ensuring that its ex-combatants do not regroup or join other armed groups, and
               calling for the acceleration of implementation of the Nairobi Declarations and of the
               Disarmament, Demobilisation, Repatriation, Reintegration and Resettlement
               (DDRRR) of M23 ex-combatants, including overcoming obstacles to repatriation, in
               coordination with the regional States concerned,
                     Reiterating its strong condemnation of any and all internal or external support
               to armed groups active in the region, including through financial, logistical and
               military support,
                     Condemning the illicit flow of weapons within and into the DRC, including
               their recirculation to and between armed groups, in violation of resolutions 1533
               (2004), 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021 (2011), 2078
               (2012) and 2136 (2014), and declaring its determination to continue to monitor
               closely the implementation of the arms embargo and other measures set out by its
               resolutions concerning the DRC,
                    Acknowledging in this respect the important contribution the Councilmandated arms embargo makes to countering the illicit transfer of small arms and
               light weapons in the DRC, and in supporting post-conflict peacebuilding,
               disarmament, demobilization and reintegration of ex-combatants and security sector
               reform,
                     Underlining that the transparent and effective management of its natural
               resources is critical for the DRC’s sustainable peace and security, stressing its full
               respect for the sovereignty of the Government of the DRC over its natural r esources
               and its responsibility to effectively manage these resources in this regard,




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                 Recalling the linkage between the illegal exploitation of natural resources,
           including poaching and illegal trafficking of wildlife, illicit trade in such resources,
           and the proliferation and trafficking of arms as one of the major factors fuelling and
           exacerbating conflicts in the Great Lakes region, and encouraging the continuation
           of the regional efforts of the ICGLR and the governments involved against the
           illegal exploitation of natural resources, and stressing, in this regard, the importance
           of regional cooperation and deepening economic integration with special
           consideration for the exploitation of natural resources,
                 Noting with concern reports indicating the involvement of elements of the
           FARDC, as well as armed groups, in the illegal minerals trade, the illegal production
           and trade of charcoal and wood, and wildlife poaching and trafficking,
                 Noting with great concern the persistence of serious human rights abuses and
           international humanitarian law violations against civilians in the eastern part of the
           DRC, including summary executions, sexual and gender based violence and large
           scale recruitment and use of children committed by armed groups,
                 Noting with deep concern reports and allegations indicating the persistence of
           serious human rights and international humanitarian law violations committed by
           some members of the FARDC and Congolese National Police (PNC), and recalling
           the importance of fighting against impunity within all ranks of the FARDC and
           PNC, commending the DRC authorities for recent prosecutions and condemnations
           of two high-ranking FARDC officers for crimes against humanity and war crimes,
           and stressing the need for the Government of the DRC to continue to ensure the
           professionalism of its security forces,
                Calling for all those responsible for violations of international humanitarian
           law and violations or abuses of human rights including those involving violence or
           abuses against children and acts of sexual and gender-based violence, to be swiftly
           apprehended, brought to justice and held accountable,
                 Recalling all its relevant resolutions on women and peace and security, on
           children and armed conflict, and on the protection of civilians in armed co nflicts,
           also recalling the conclusions of the Security Council Working Group on Children
           and Armed Conflict pertaining to the parties in armed conflict of the DRC
           (S/AC.51/2014/3) adopted on 18 September 2014,
                 Calling on all parties to cooperate fully with MONUSCO and to remain
           committed to the full and objective implementation of the Mission’s mandate,
           reiterating its condemnation of any attacks against peacekeepers, and emphasizing
           that those responsible for such attacks must be brought to justice,
                Noting the critical importance of effective implementation of the sanctions
           regime, including the key role that neighbouring States, as well as regional and
           subregional organizations, can play in this regard and encouraging efforts to further
           enhance cooperation,
                Underlining the fundamental importance of timely and detailed notifications to
           the Committee concerning arms, ammunition and training as set out in section 11 of
           the Guidelines of the Committee,
                 Determining that the situation in the DRC continues to constitute a threat to
           international peace and security in the region,



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                    Acting under Chapter VII of the Charter of the United Nations,

               Sanctions regime
                     1.   Decides to renew until 1 July 2016 the measures on arms imposed by
               paragraph 1 of resolution 1807 (2008) and reaffirms the provisions of paragraphs 2, 3
               and 5 of that resolution and further decides that the measures on arms imposed by
               paragraph 1 and 5 of resolution 1807 (2008) shall not apply to the supply of arms and
               related materiel, as well as assistance, advice or training, intended solely for the
               support of or use by MONUSCO or the African Union-Regional Task Force;
                     2.    Decides to renew, for the period specified in paragraph 1 above, the
               measures on transport imposed by paragraphs 6 and 8 of resolution 1807 (2008) and
               reaffirms the provisions of paragraph 7 of that resolution;
                    3.    Decides to renew, for the period specified in paragraph 1 above, the
               financial and travel measures imposed by paragraphs 9 and 11 of resolution 1807
               (2008) and reaffirms the provisions of paragraphs 10 and 12 of resolution 1807
               (2008) in relation to those measures;
                    4.    Decides that the measures imposed by paragraph 9 of resolution 1807
               (2008) shall not apply as per the criteria set out in paragraph 10 of resolution 2078;
                     5.   Decides that the measures referred to in paragraph 3 above shall apply to
               individuals and entities as designated by the Committee for engaging in or providing
               support for acts that undermine the peace, stability or security of the DRC, and
               decides that such acts include:
                    (a) acting in violation of the measures taken by Member States in accordance
               with paragraph 1 above;
                    (b) being political and military leaders of foreign armed groups operating in
               the DRC who impede the disarmament and the voluntary repatriation or resettlement
               of combatants belonging to those groups;
                     (c) being political and military leaders of Congolese militias, including those
               receiving support from outside the DRC, who impede the participation of their
               combatants in disarmament, demobilization and reintegration processes;
                    (d) recruiting or using children in armed conflict in the DRC in violation of
               applicable international law;
                     (e) being involved in planning, directing, or participating in the targeting of
               children or women in situations of armed conflict, including killing and maiming,
               rape and other sexual violence, abduction, forced displacement, and attacks on
               schools and hospitals;
                    (f) obstructing the access to or the distribution of humanitarian assistance in
               the DRC;
                    (g) supporting individuals or entities, including armed groups, involved in
               destabilizing activities in the DRC through illicit trade of natural resources,
               including gold or wildlife as well as wildlife prod ucts;
                    (h) acting on behalf of or at the direction of a designated individual or entity,
               or acting on behalf of or at the direction of an entity owned or controlled by a
               designated individual or entity;


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              (i) planning, directing, sponsoring or participating in attacks against
           MONUSCO peacekeepers or UN personnel;
                 (j) providing financial, material, or technological support for, or goods or
           services to, a designated individual or entity;

           Group of Experts
                 6.   Decides to extend until 1 August 2016 the mandate of the Group of
           Experts established pursuant to resolution 1533 (2004) and renewed by subsequent
           resolutions, expresses its intention to review the mandate and take appropriate
           action regarding the further extension no later than 1 July 2016, and requests the
           Secretary-General to take the necessary administrative measures as expeditiously as
           possible to re-establish the Group of Experts, in consultation with the Committee,
           for a period of 18 months from the date of this resolution, drawing, as appropriat e,
           on the expertise of the members of the Group established pursuant to previous
           resolutions;
                 7.    Requests the Group of Experts to fulfil its mandate as consolidated
           below, with a focus on areas affected by the presence of illegal armed groups, and to
           provide to the Council, after discussion with the Committee, a mid -term report no
           later than 30 October 2015, and a final report no later than 15 June 2016, as well as
           submit progress updates to the Committee, especially in situations of urgency, or as
           the Group deems necessary:
                 (a) assist the Committee in carrying out its mandate, including through
           providing the Committee with information relevant to the potential designation of
           individuals and entities who may be engaging in the activities described in
           paragraph 4 above;
                 (b) gather, examine and analyze information regarding the implementation,
           with a focus on incidents of non-compliance, of the measures decided in this
           resolution;
                (c) consider and recommend, where appropriate, ways of improving the
           capabilities of Member States, in particular those in the region, to ensure the
           measures imposed by this resolution are effectively implemented;
                 (d) gather, examine and analyze information regarding the regional and
           international support networks to armed groups and criminal networks in the DRC;
                  (e) gather, examine and analyze information regarding the supply, sale or
           transfer of arms, related materiel and related military assistance, including through
           illicit trafficking networks and the transfer of arms and related materiel to armed
           groups from the DRC security forces;
                 (f) gather, examine and analyze information regarding perpetrators of
           serious violations of international humanitarian law and human rights violations and
           abuses, including those within the security forces, in the DRC;
                (g) evaluate the impact of minerals traceability referred to in paragraph 22
           below and continue collaboration with other forums;
                 (h) assist the Committee in refining and updating information on the list of
           individuals and entities subject to the measures imposed by this resolution,



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               including through the provision of identifying information and additional
               information for the publicly-available narrative summary of reasons for listing;
                    8.    Expresses its full support to the UN Group of Experts of the 1533
               Committee and calls for enhanced cooperation between all States, particularly those
               in the region, MONUSCO, relevant UN bodies and the Group of Experts,
               encourages further that all parties and all States ensure cooperation with the Group
               of Experts by individuals and entities within their jurisdiction or under their control
               and reiterates its demand that all parties and all States ensure the safety of its
               members and its support staff, and that all parties and all States, including t he DRC
               and countries of the region, provide unhindered and immediate access, in particular
               to persons, documents and sites the Group of Experts deems relevant to the
               execution of its mandate;
                    9.  Calls upon the Group of Experts to cooperate actively with other Panels
               or Groups of Experts established by the Security Council, as relevant to the
               implementation of its mandate;

               Armed groups
                     10. Strongly condemns all armed groups operating in the region and their
               violations of international humanitarian law as well as other applicable international
               law, and abuses of human rights including attacks on the civilian population,
               MONUSCO peacekeepers and humanitarian actors, summary executions, sexual and
               gender based violence and large scale recruitment and use of children, and reiterates
               that those responsible will be held accountable;
                    11. Demands that the FDLR, the ADF, the LRA and all other armed groups
               operating in the DRC cease immediately all forms of violence and other
               destabilizing activities, including the exploitation of natural resources, and that their
               members immediately and permanently disband, lay down their arms, and liberate
               and demobilize all children from their ranks;
                     12. Calls upon all States, especially those in the region, to take effective steps
               to ensure that there is no support, in and from their territories, for armed groups in the
               DRC, stressing the need to address the networks of support, financing and recruitment
               of armed groups active in the DRC, as well as the need to address the ongoing
               collaboration between FARDC elements and armed groups at a local level, and calls
               upon all States to take steps to hold accountable, where appropriate, leaders and
               members of the FDLR and other armed groups residing in their countries;
                     13. Demands that the Government of the DRC, per its commitments in the
               Nairobi Declarations of 12 December 2013, accelerate the implementation of its
               Disarmament, Demobilisation and Reintegration programme, in coordination with
               neighbouring countries where former M23 combatants have found refuge and the
               United Nations and international organizations, and stresses the importance of
               overcoming obstacles to the repatriation of these ex-combatants, ensuring that the
               DDRRR programme is fully funded and implemented, particularly those
               programmes necessary to support the successful demobilisation and reintegration of
               former M23 combatants, that the M23 does not regroup and resume military
               activities, and that its members do not join or support other armed groups, in line
               with the Nairobi declarations and relevant UN Security Council resolutions ;




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           Commitments of the Government of the DRC
                 14. Welcomes the progress made to date by the Government of the DRC on
           ending the recruitment and use of children in armed conflict, urges the Government
           of the DRC to continue the full implementation and dissemination throughout the
           military chain of command, including in remote areas, of its commitments made in
           the action plan signed with the United Nations detailing concrete, time -bound
           measures to release and reintegrate children associated with the Congolese armed
           forces and to prevent further recruitment, and for the protection of girls and boys
           from sexual violence, and further calls upon the Government of the DRC to ensure
           that children are not detained on charges related to association with armed groups;
                15. Also calls on the Government of DRC to pursue its action plan
           commitments to end sexual violence and violations committed by its armed forces
           and undertake further efforts in that regard, noting that failure to do so may result in
           the FARDC being named in the Secretary-General’s report on sexual violence;
                 16. Stresses the importance of the Government of the DRC actively seeking
           to hold accountable those responsible for war crimes and crimes against humanity in
           the country and of regional cooperation to this end, including through its ongoing
           cooperation with the International Criminal Court, encourages MONUSCO to use
           its existing authority to assist the government of the DRC in th is regard, and calls
           on all signatories of the PSC Framework Agreement to continue to implement their
           commitments and cooperate fully with one another and the Government of the DRC,
           as well as MONUSCO to this end;
                 17. Recalls that there should be no impunity for any of those responsible for
           violations of international humanitarian law and violations and abuses of human
           rights in the DRC and the region, and, in this regard, urges the DRC, all countries in
           the region and other concerned UN Member States to bring perpetrators to justice
           and hold them accountable;
                 18. Calls on the Government of the DRC to enhance stockpile security,
           accountability and management of arms and ammunition, with the assistance of
           international partners, to address urgently reports of diversion to armed groups, as
           necessary and requested, and to urgently implement a national weapons marking
           program, in particular for state-owned firearms, in line with the standards
           established by the Nairobi Protocol and the Regional Centre on Small Arms;
                 19. 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, police and justice sector reform, and
           to end impunity for violations and abuses of human rights and violations of
           international humanitarian law, urges the Government of the DRC to increase efforts
           in this regard, in accordance with its national commitments under the PSC
           Framework;

           Natural resources
                  20. Further encourages the continuation of efforts by the Government of the
           DRC to address issues of illegal exploitation and smuggling of natural resources,
           including holding accountable those members of the FARDC who participate in the
           illicit trade of natural resources, particularly gold and wildlife products;



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                    21. Stresses the need to undertake further efforts to cut off financing for
               armed groups involved in destabilizing activities through the illicit trade of natural
               resources, including gold or wildlife products;
                     22. Welcomes in this regard the measures taken by the Congolese
               Government to implement the due diligence guidelines on the supply chain of
               minerals, as defined by the Group of Experts and the Organization for Economic
               Cooperation and Development (OECD), recognizes the Congolese Government’s
               efforts to implement minerals traceability schemes, and calls on all States to assist
               the DRC, the ICGLR and the countries in the Great Lakes region to develop a
               responsible minerals trade;
                     23. Welcomes measures taken by the Governments in the region to implement
               the Group of Experts due diligence guidelines, including adopting the Regional
               Certification Mechanism of the ICGLR into their national legislation, in accordance
               with OECD Guidance and international practice, and requests the extension of the
               certification process to other Member States in the region, and encourages all
               States, particularly those in the region, to continue to raise awareness of the due
               diligence guidelines;
                     24. Encourages a swift response by the ICGLR to put in place the necessary
               technical capacity required to support Member States in their fight against the
               illegal exploitation of natural resources, and further encourages the ICGLR to take
               immediate actions to fully implement the mineral certification process;
                     25. Encourages all States to continue efforts to end the illicit trade in natural
               resources, in particular in the gold sector, and to hold those complicit in the illicit
               trade accountable, as part of broader efforts to cut off financing for armed groups
               and criminal networks, including those with members in the FARDC;
                    26. Reaffirms the provisions of paragraphs 7 to 9 of resolution 2021 (2011)
               and calls upon the DRC and States in the Great Lakes region to cooperate at the
               regional level to investigate and combat regional criminal networks and armed
               groups involved in the illegal exploitation of natural resources, including wildlife
               poaching and trafficking, and require their customs authorities to strengthen their
               control on exports and imports of minerals from the DRC;

               Role of MONUSCO
                    27. Recalls the mandate of MONUSCO to support the Congolese authorities
               in the implementation of their national commitments under the PSC Framework
               agreement, in line with resolution 2147 (2014);
                     28. Recalls the mandate of MONUSCO to monitor the implementation of the
               arms embargo, in cooperation with the Group of Experts, and in particular to
               observe and report on flows of military personnel, arms or related materiel across
               the eastern border of the DRC, including by using surveillance capabilities provided
               by unmanned aerial systems, seize, collect and dispose of arms or related materiels
               brought into the DRC in violation of the measures imposed by paragraph 1, in
               accordance with paragraph 4 c) of paragraph 2147 (2014);
                    29. Notes that MONUSCO has a role to play in encouraging the
               consolidation of an effective national civilian structure that controls key mining




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           activities and manages in an equitable manner the extraction and trade of natu ral
           resources in eastern DRC, in line with resolution 2147 (2014);
                 30. Requests MONUSCO to assist the Committee established pursuant to
           paragraph 8 of resolution 1533 (2004) and the Group of Experts established by the
           same resolution, within its capabilities, including by passing information relevant to
           the implementation of the sanctions measures;

           Reporting and review
                 31. Calls upon all States, particularly those in the region and those in which
           individuals and entities designated pursuant to paragraph 5 of this resolution are
           based, to regularly report to the Committee on the actions they have taken to
           implement the measures imposed by paragraphs 1, 2, and 3 and recommended in
           paragraph 8 of resolution 1952 (2010);
                32. Emphasizes the importance of holding regular consultations with
           concerned Member States, as may be necessary, in order to ensure full
           implementation of the measures set forth in this resolution;
                33. Requests the Special Representative of the Secretary-General for
           Children and Armed Conflict and the Special Representative for Sexual Violence in
           Conflict to continue sharing relevant information with the Committee in accordance
           with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998
           (2011);
                 34. Decides that, when appropriate and no later than 1 July 2016, it shall
           review the measures set forth in this resolution, with a view to adjusting them, as
           appropriate, in light of the security situation in the DRC, in particular progress in
           security sector reform including the integration of the armed forces and the reform
           of the national police, and in disarming, demobilizing, repatriating, resettling and
           reintegrating, as appropriate, Congolese and foreign armed groups, with a particular
           focus on children among them;
                35.   Decides to remain actively seized of the matter.




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