Security Council resolution 1794 (2007) [on extension of the mandate and capacity of the UN Organization Mission in the Democratic Republic of the Congo (MONUC)]
Symbol: S/RES/1794(2007)
Date: 2007-12-21
Status: adopted
Agenda: S/62 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/62 [105] UN ORGANIZATION MISSION IN THE DEMOCRATIC REPUBLIC OF THE CONGO
Subjects: UN Organization Mission in the Democratic Republic of the Congo|Forces démocratiques de libération du Rwanda|Lord's Resistance Army (Uganda)|Democratic Republic of the Congo. Forces armées|UN Country Team (Democratic Republic of the Congo)|UN High Commissioner for Human Rights|Round Table on Peace, Security and Development in the Kivus (Proposed)|Nairobi Joint Communiqué (2007)|Ngurdoto Agreement (2007)|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|PEACEBUILDING|INTERNAL SECURITY|SECURITY SECTOR REFORM|MILITARY DEMOBILIZATION|KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|MILITARY PERSONNEL|POLICE|CIVILIAN PERSONS|CHILD SOLDIERS|CHILDREN IN ARMED CONFLICTS|DISARMAMENT|ARMED FORCES|GOOD OFFICES|ELECTION VERIFICATION|RULE OF LAW|IMPUNITY|CRIMINAL JUSTICE|HUMAN RIGHTS MONITORING|INTERNATIONAL HUMANITARIAN LAW|HUMAN RIGHTS|HUMAN RIGHTS VIOLATIONS|TRANSITIONAL JUSTICE|RELIEF PERSONNEL|STAFF SECURITY|SEX CRIMES|DISPLACED PERSONS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BELGIUM
vote: yes
country: CHINA
vote: yes
country: CONGO
vote: yes
country: FRANCE
vote: yes
country: GHANA
vote: yes
country: INDONESIA
vote: yes
country: ITALY
vote: yes
country: PANAMA
vote: yes
country: PERU
vote: yes
country: QATAR
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SLOVAKIA
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                  S/RES/1794 (2007)
               Security Council                                                Distr.: General
                                                                               21 December 2007




               Resolution 1794 (2007)
               Adopted by the Security Council at its 5814th meeting, on
               21 December 2007

                    The Security Council,
                   Recalling its resolutions and the statements of its President concerning the
               Democratic Republic of the Congo, in particular resolution 1756 (2007),
                     Reaffirming its commitment to respect the sovereignty, territorial integrity and
               political independence of the Democratic Republic of the Congo,
                    Reaffirming its commitment to continue to contribute to the consolidation of
               peace and stability in the Democratic Republic of the Congo in the post-transition
               period, in particular through the United Nations Organization Mission in the
               Democratic Republic of the Congo (MONUC),
                    Underscoring the long-term sustained efforts needed from the Government of
               the Democratic Republic of the Congo and its international partners to consolidate
               democracy and promote the rule of law, good governance, recovery and
               development,
                     Stressing the primary responsibility of the Government of the Democratic
               Republic of the Congo for ensuring security in its territory and protecting its
               civilians with respect for the rule of law, human rights and international
               humanitarian law,
                     Expressing its grave concern at the continued presence of foreign and
               Congolese armed groups and militias in the eastern part of the Democratic Republic
               of the Congo, including the Forces Démocratiques de Libération du Rwanda
               (FLDR), ex-FAR/Interahamwe and the dissident militia of Laurent Nkunda, which
               has resulted in a serious security and humanitarian crisis particularly in North Kivu,
                     Expressing in particular its deep concern at the humanitarian consequences of
               the recent fighting between the dissident militia of Laurent Nkunda and the Armed
               Forces of the Democratic Republic of the Congo (FARDC), and recalling that a
               comprehensive approach is needed to tackle the crisis in the Kivus including efforts
               to address the presence of all armed groups and militias, to end impunity and to
               promote reconciliation, social cohesion, recovery and development in the region,
                    Commending MONUC and the Congolese authorities for the substantial
               progress towards carrying out the disarmament, demobilization and reintegration of

07-65572 (E)
*0765572*

S/RES/1794 (2007)


               combatants in the district of Ituri, which helped to stabilize security conditions in
               that part of the country,
                     Commending the joint efforts of the Governments of the Democratic Republic
               of the Congo and the Republic of Rwanda to address their common security
               concerns through dialogue and cooperation, welcoming in particular the joint
               communiqué on a common approach to end the threat posed to peace and stability in
               both countries and the Great Lakes region, signed in Nairobi on 9 November 2007
               (S/2007/679), which is an important milestone towards the definitive settlement of
               the problem of illegal armed groups in the eastern part of the Democratic Republic
               of the Congo, and expressing its appreciation for the ongoing efforts undertaken in
               this respect by the Secretary-General, his Special Representative and Assistant
               Secretary-General Menkerios,
                    Also commending the joint efforts of the Governments of the Democratic
               Republic of Congo and the Republic of Uganda to address the continued presence of
               the Lord’s Resistance Army (LRA) in eastern Congo, welcoming in particular the
               Summit in Ngurdoto, Tanzania, between President Kabila and President Museveni
               on 8 September 2007,
                     Commending also the efforts of the Government of the Democratic Republic
               of the Congo and other countries of the region to solve their common security
               concerns, and welcoming the Conclusions of the high-level meeting of the Tripartite
               Plus Joint Commission held in Addis Ababa on 4 and 5 December 2007,
                     Recalling its resolution 1325 (2000) on women, peace and security, its
               resolution 1502 (2003) on the Protection of United Nations personnel, associated
               personnel and humanitarian personnel in conflict zones, its resolution 1612 (2005)
               on children in armed conflict and its resolution 1674 (2006) on the protection of
               civilians in armed conflicts,
                     Deploring again the persistence of violations of human rights and international
               humanitarian law in the Democratic Republic of the Congo, in particular those
               carried out by the FDLR, ex-FAR/Interahamwe and the dissident militia of Laurent
               Nkunda, as well as other militias and armed groups and elements of the FARDC, the
               Congolese National Police (PNC) and other security and intelligence services, and
               stressing the urgent need for those responsible for these crimes to be brought to
               justice,
                     Condemning in particular sexual violence perpetrated by militias and armed
               groups as well as elements of the FARDC, the PNC and other security and
               intelligence services, stressing the urgent need for the Government of the
               Democratic Republic of the Congo, in cooperation with MONUC and other relevant
               actors, to end such violence and bring the perpetrators, as well as the senior
               commanders under whom they serve, to justice, and calling on Member States to
               assist in this regard and to continue to provide medical, humanitarian and other
               assistance to victims,
                    Recalling the conclusions of the Security Council Working Group on Children
               and Armed Conflict pertaining to parties in the armed conflict of the Democratic
               Republic of Congo (S/AC.51/2007/17 of 25 October 2007),




2                                                                                                      07-65572

                                                                                                 S/RES/1794 (2007)


                 Welcoming MONUC’s policy to promote and protect the rights of women and
           to take into account gender considerations as set out in its resolution 1325 (2000) as
           a cross-cutting issue throughout its mandate and to keep the Council informed,
                Urging all States, especially those in the region, including the Democratic
           Republic of the Congo itself, to take the appropriate steps to end the illegal trade in
           natural resources,
                 Declaring its determination to continue to monitor closely the implementation
           of the arms embargo and other measures set out by its resolutions,
                 Recalling the importance of elections, including the forthcoming local
           elections, for the longer-term restoration of peace and stability, national
           reconciliation and establishment of the rule of law in the Democratic Republic of
           the Congo,
                 Recalling also the importance of urgently carrying out security sector reform
           for the long-term stabilization of the Democratic Republic of the Congo,
                Taking note of the twenty-fourth report of the Secretary-General on MONUC
           dated 14 November 2007 (S/2007/671) and of its recommendations,
                Determining that the situation in the Democratic Republic of the Congo
           continues to pose a threat to international peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,
                 1.   Decides to extend the mandate and capacity of MONUC, as set out in
           resolution 1756, until 31 December 2008 and authorizes the continuation until that
           date of up to 17,030 military personnel, 760 military observers, 391 police
           personnel and 6 formed police units comprising up to 125 personnel each;
                2.    Requests MONUC to attach the highest priority to addressing the crisis in
           the Kivus in all its dimensions, in particular through the protection of civilians and
           support for the implementation of the Nairobi Joint Communiqué;
                 3.    Demands that the militias and armed groups that are still present in the
           eastern part of the Democratic Republic of the Congo, in particular the FDLR,
           ex-FAR/Interahamwe and the dissident militia of Laurent Nkunda and the LRA, lay
           down their arms and engage voluntarily and without any further delay or
           preconditions in their demobilization, repatriation, resettlement, and reintegration,
           as appropriate, stresses the need to ensure that those militias and armed groups do
           not receive any support for their illegal activities, and also demands, recalling its
           resolution 1698 (2006), that all armed groups, in particular the forces of Laurent
           Nkunda and the FDLR, immediately stop recruiting and using children and release
           all children associated with them;
                4.    Urges the Government of the Democratic Republic of the Congo to
           address the crisis in the Kivus in a comprehensive way, including through promptly
           convening the Round Table on peace, security and development in the Kivus;
                 5.   Encourages MONUC, in accordance with its mandate and emphasizing
           that the protection of civilians must be given priority in decisions about the use of
           available capacity and resources, to use all necessary means, within the limits of its
           capacity and in the areas where its units are deployed, to support the FARDC
           integrated brigades with a view to disarming the recalcitrant foreign and Congolese



07-65572                                                                                                        3

S/RES/1794 (2007)


               armed groups, in particular the FDLR, ex-FAR/Interahamwe and the dissident
               militia of Laurent Nkunda, in order to ensure their participation in the disarmament,
               demobilization, repatriation, resettlement and reintegration processes, as
               appropriate;
                     6.    Requests the Secretary-General to report by 31 March 2008 on how
               MONUC could further support FARDC or take other measures in dealing with
               illegal foreign and Congolese armed groups;
                     7.   Emphasizes that such operations by the FARDC should be planned
               jointly with MONUC and in accordance with international humanitarian, human
               rights and refugee law and should include appropriate measures to protect civilians,
               and requests the Secretary-General to include in his reports to the Council an
               assessment of the measures taken to protect civilians;
                     8.    Recalls MONUC’s mandate to use all necessary means to protect
               civilians under imminent threat of physical violence, particularly in the Kivus;
                     9.    Requests the Secretary-General to continue to use its good offices in
               facilitating a political solution to address the underlying causes of the crisis in the
               Kivus, in close consultation with the Government of the Democratic Republic of the
               Congo, Governments of the region and other regional and international partners;
                    10. Calls on the Governments of the Democratic Republic of the Congo and
               the Republic of Rwanda, as a matter of urgency, to fully implement their
               commitments under the Nairobi Joint Communiqué, and to continue to cooperate to
               solve their common security concerns;
                    11. Calls on the Governments of the Democratic Republic of the Congo and
               the Republic of Uganda to fully implement their commitments under the Ngurdoto
               Agreement and to continue to cooperate to solve their common security concerns;
                     12. Welcomes the letters of the Secretary-General dated 11 October and
               30 November 2007 (S/2007/694) with respect to assistance by MONUC to the
               Congolese authorities in the organization, preparation, and conduct of local
               elections, and requests MONUC, consistent with its existing mandate, to begin to
               provide the assistance described in these letters and expresses its intention to further
               consider the issue by the end of January 2008;
                     13. Calls on the Congolese authorities to intensify as a matter of urgency
               their efforts to reform the security sector, including the army, the police and the
               justice sector, encourages in particular the development of a comprehensive plan
               and timelines for the reform of the army, invites the Congolese Government to hold
               as soon as possible the planned round table on security sector reform and urges
               international partners to support this endeavour;
                     14. Underlines the importance of the support MONUC is providing, in close
               cooperation with the Congolese authorities, the United Nations Country Team and
               donors, to the strengthening of democratic institutions and the rule of law in the
               Democratic Republic of the Congo, and calls upon the Congolese authorities to take
               full advantage of the assistance offered by MONUC and other international partners
               in these respects;
                   15. Reiterates its call upon the Congolese authorities to put an end to
               impunity, by bringing to justice without delay perpetrators of grave violations of



4                                                                                                         07-65572

                                                                                                 S/RES/1794 (2007)


           human rights and of international humanitarian law, with special attention to those
           responsible for recruitment and use of children as well as for grave violations
           against women and children, in particular sexual violence, to fully support the
           human rights mapping exercise initiated in the country by the High Commissioner
           for Human Rights, and to establish a vetting mechanism to take into account when
           they select candidates for official positions, including key posts in the armed forces,
           national police and other security services, the candidates’ past actions in terms of
           respect for international humanitarian law and human rights;
                 16. Recalls MONUC’s mandate to assist in the promotion and protection of
           human rights, investigate human rights violations 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;
                 17. Reaffirms the obligation of all parties to comply fully with the relevant
           rules and principles of international humanitarian law relating to the protection of
           humanitarian and United Nations personnel, and also demands that all parties
           concerned grant immediate, full and unimpeded access by humanitarian personnel to
           all persons in need of assistance, as provided for in applicable international law;
                18. Requests MONUC, in view of the scale and severity of sexual violence
           committed especially by armed elements in the Democratic Republic of the Congo,
           to undertake a thorough review of its efforts to prevent and respond to sexual
           violence, and to pursue a comprehensive mission-wide strategy, in close cooperation
           with the United Nations Country Team and other partners, to strengthen prevention,
           protection, and response to sexual violence, including through training for the
           Congolese security forces in accordance with its mandate, and to regularly report,
           including in a separate annex if necessary, on actions taken in this regard, including
           factual data and trend analyses of the problem;
                19. Encourages MONUC to enhance its interaction with the civilian
           population, in particular internally displaced persons, to raise awareness about its
           mandate and activities;
                 20. Takes note of the benchmarks presented by the Secretary-General for a
           future gradual drawdown of MONUC, encourages MONUC to focus the activities
           of all its components on helping the Congolese authorities to achieve those
           benchmarks, and requests the Secretary-General to further develop the benchmarks
           and to report regularly to the Council on the progress made in this regard, including
           on the application of the United Nations integrated missions planning process
           (IMPP);
                 21. Requests the Secretary-General to continue to report regularly, and at
           least every three months, on the situation in the Democratic Republic of the Congo
           and on MONUC’s activities, including on the issues referred to in paragraphs 7, 18
           and 20 above;
                22.   Decides to remain actively seized of the matter.




07-65572                                                                                                        5