Security Council resolution 1468 (2003) [on the situation in the Democratic Republic of the Congo]
Symbol: S/RES/1468(2003)
Date: 2003-03-20
Status: adopted
Agenda: S/58 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/58 [105] UN ORGANIZATION MISSION IN THE DEMOCRATIC REPUBLIC OF THE CONGO
Subjects: Mouvement pour la libération du Congo|Rassemblement congolais pour la démocratie - Mouvement de libération|Union des patriotes congolais|UN High Commissioner for Human Rights|Democratic Republic of the Congo. Truth and Reconciliation Commission (Proposed)|UN. Secretary-General|UN Organization Mission in the Democratic Republic of the Congo|Ituri Pacification Commission|Third Party Verification Mechanism|Inter-Congolese Dialogue (2002 : Sun City, South Africa)|Inter-Congolese Dialogue (2003 : Pretoria)|Agreement for Ceasefire in the Democratic Republic of the Congo (1999)|Kampala Disengagement Plan (2000)|Pretoria Peace Agreement between the Democratic Repubic of the Congo and Rwanda (2002)|Plan for Disarmament, Demobilization, Repatriation, Reintegration (Resettlement) (DDRRR) of All Armed Groups in the Democratic Republic of the Congo|INTERIM GOVERNMENTS|HUMAN RIGHTS|INTERNAL SECURITY|DEMOCRATIC REPUBLIC OF THE CONGO|MILITARY ASSISTANCE|GREAT LAKES REGION (AFRICA)|TROOP WITHDRAWAL|DEMOCRATIC REPUBLIC OF THE CONGO|UGANDA|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|PEACEKEEPING OPERATIONS|MASSACRES|HUMAN RIGHTS IN ARMED CONFLICTS|HUMAN RIGHTS VIOLATIONS|GENDER-BASED VIOLENCE|VIOLENCE|IMPUNITY|MILITARY PERSONNEL|CRIMINAL JUSTICE|CRIMINAL INVESTIGATION|CIVILIAN PERSONS|RULE OF LAW|CONSULTATIONS|RECOMMENDATIONS|CEASEFIRES|HUMAN RIGHTS MONITORING|HUMANITARIAN ASSISTANCE|RWANDA|CONFIDENCE-BUILDING MEASURES|DISPUTE SETTLEMENT|FREEDOM OF MOVEMENT|CHILDREN IN ARMED CONFLICTS|MILITARY ACTIVITY|REPORT PREPARATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: BULGARIA
vote: yes
country: CAMEROON
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUINEA
vote: yes
country: MEXICO
vote: yes
country: PAKISTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: SYRIAN ARAB REPUBLIC
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1468 (2003)
               Security Council                                                 Distr.: General
                                                                                20 March 2003




               Resolution 1468 (2003)
               Adopted by the Security Council at its 4723rd meeting,
               on 20 March 2003

                    The Security Council,
                   Recalling its previous resolutions and statements by its President regarding the
               Democratic Republic of the Congo,
                     Expressing its full support for the efforts of the High Commissioner for Human
               Rights and its appreciation of his report on the situation in Ituri (S/2003/216) and
               recalling the previous report on the situation in Kisangani (S/2002/764),
                    Welcoming the thirteenth report of the Secretary-General on the United Nations
               Organization Mission in the Democratic Republic of the Congo (MONUC)
               (S/2003/211),
                     Commending the Government of Angola for its efforts in ensuring the
               implementation, by the parties, of the Luanda Agreement of 6 September 2002,
               which establishes the basis for a settlement in the Ituri area, and expressing its
               gratitude to the Government of Angola for their readiness to continue these efforts,
                     Commending also the Government of South Africa for its role in cooperation
               with the Special Envoy of the Secretary-General to help the Congolese parties reach
               an agreement on the transitional arrangements,
                    Commending the efforts of the Special Envoy of the Secretary-General, the
               Special Representative of the Secretary-General and their teams for helping steer the
               negotiations in Pretoria to a successful conclusion,
                    Determining that the situation in the Democratic Republic of the Congo
               continues to pose a threat to international peace and security in the region,
                     1.    Welcomes the agreement reached by the Congolese parties in Pretoria on
               6 March 2003 on the transitional arrangements, commends the Congolese parties,
               whose responsibility it is to implement fully the commitments they have taken, for
               their efforts in settling the outstanding issues, and calls on them to establish as soon
               as possible the transitional government in the Democratic Republic of the Congo,
               and stresses that any effort to undermine or delay its establishment would be
               unacceptable;




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                     2.   Condemns the massacres and other systematic violations of International
               Humanitarian Law and human rights perpetrated in the Democratic Republic of the
               Congo, in particular sexual violence against women and girls as a tool of warfare
               and atrocities perpetrated in the Ituri area by the Mouvement de Libération du
               Congo (MLC) and the Rassemblement Congolais pour la Démocratie/National
               (RCD/N) troops, as well as the acts of violence recently perpetrated by the Union
               des Patriotes Congolais (UPC) forces, and reiterates that there will be no impunity
               for such acts and that the perpetrators will be held accountable;
                    3.    Stresses that the military officers whose names are mentioned in the
               report of the United Nations High Commissioner for Human Rights in connection
               with serious violations of international humanitarian law and human rights should
               be brought to justice, through further investigation, and if warranted by that
               investigation, held accountable through a credible judicial process;
                     4.    Calls upon the Congolese parties, when selecting individuals for key
               posts in the transitional government, to take into account the commitment and record
               of those individuals with regard to respect for International Humanitarian Law and
               human rights and the promotion of the well-being of all the Congolese;
                    5.   Strongly encourages the Congolese parties forming the transitional
               government to establish as soon as possible a Truth and Reconciliation Commission
               charged with determining responsibility for serious violations of international
               humanitarian and human rights law, as set forth in the resolutions adopted in the
               framework of the Inter-Congolese Dialogue in Sun City in April 2002;
                     6.    Reiterates that all parties claiming a role in the future of the Democratic
               Republic of the Congo must demonstrate their respect for human rights,
               International Humanitarian Law, as well as the security and well-being of civilian
               populations and emphasizes that the transitional government in the Democratic
               Republic of the Congo will have to restore law and order and respect for human
               rights, and end impunity, across the entire country;
                     7.   Requests the Secretary-General to increase the number of personnel in
               MONUC’s human rights component to assist and enhance, in accordance with its
               current mandate, the capacity of the Congolese parties to investigate all the serious
               violations of international humanitarian law and human rights perpetrated on the
               territory of the Democratic Republic of the Congo since the beginning of the
               conflict in August 1998, and requests also the Secretary-General, in consultation
               with the High Commissioner for Human Rights, to make recommendations to the
               Council on other ways to help the transitional government in the Democratic
               Republic of the Congo address the issue of impunity;
                     8.    Expresses its deep concern over the heavy fighting in Bunia, demands
               that all parties to the conflict in Ituri immediately cease the hostilities and that all
               parties sign an unconditional ceasefire agreement, stresses that they must cooperate
               with MONUC to set up without further delay the Ituri Pacification Commission, and
               also stresses that the necessary steps must be taken to restore public order in Bunia,
               in accordance with the agreements reached among Congolese parties and within the
               framework of the Ituri Pacification Commission;
                     9.    Requests the Secretary-General to increase MONUC’s presence in the
               Ituri area, as security conditions permit, in particular military observers and human
               rights personnel, to monitor developments on the ground, including the use of


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airfields in the Ituri area, and also requests MONUC to provide further support and
assistance to humanitarian efforts as well as to facilitate the formation of the Ituri
Pacification Commission and assist the work of this commission as consistent with
MONUC’s current mandate, in consultation with all the Congolese parties to the
conflict;
     10. Encourages MONUC’s efforts to consult with the relevant parties on
possible options for addressing the immediate security situation in the Ituri area and
requests that MONUC keep the Council informed of its efforts in this regard;
     11. Demands that all governments in the Great Lakes region immediately
cease military and financial support to all the parties engaged in armed conflict in
the Ituri region, stresses the need for all Congolese parties, including the
Government of the Democratic Republic of the Congo, to respect their commitments
under the Lusaka Ceasefire Agreement, as well as the Kampala plan and the Harare
sub-plans for disengagement and redeployment, and reiterates that all foreign troops
must be withdrawn from the territory of the Democratic Republic of the Congo;
      12. Calls on the Government of Uganda to complete the withdrawal of all its
troops without further delay and, in this regard, expresses its concern that that
Government’s commitment to withdraw by 20 March 2003 has not been met, and,
concerned also at the statement of 14 March 2003 issued by the Ministry of Foreign
Affairs and Regional Cooperation of Rwanda, calls on the Government of Rwanda
not to return any forces to the territory of the Democratic Republic of the Congo,
and stresses that any renewal of strengthening of foreign military presence on the
territory of the Democratic Republic of the Congo would be unacceptable and would
undermine the progress achieved thus far in the peace process;
     13. Expresses its deep concern at the rising tensions between Rwanda and
Uganda and their proxies on the territory of the Democratic Republic of the Congo,
and stresses that the governments of these two countries must take steps to build
mutual confidence, must settle their concerns through peaceful means, and without
any interference in Congolese affairs, and must refrain from any action that could
undermine the peace process;
     14. Demands also that all the parties to the conflict in the Democratic
Republic of the Congo, and in particular in Ituri, ensure the security of civilian
populations and grant to MONUC and to humanitarian organizations full and
unimpeded access to the populations in need;
      15. Reiterates its demand expressed in its resolution 1460 that all parties to
the conflict provide information without delay on steps they have taken to halt their
recruitment or use of children in armed conflict in violation of the international
obligations applicable to them, as well as its demands with regard to the protection
of children contained in its resolutions 1261, 1314, 1379 and 1460;
      16. Recalls its demand that full and unimpeded access be granted to MONUC
and the Third Party Verification Mechanism so that it could verify the
implementation of the Pretoria Agreement of 30 July 2002 and investigate the
allegations on the presence of Rwandan troops in the territory of the Democratic
Republic of the Congo, as well as allegations of support by the Government of the
Democratic Republic of the Congo to the armed groups in the east of the country,
reiterates that both would be unacceptable and would undermine the continuation of
the peace process, and stresses that any ongoing military activity in the east of the


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               Democratic Republic of the Congo has a detrimental effect on MONUC’s operations
               of disarmament, demobilization, repatriation, reintegration or resettlement
               (DDRRR) of armed groups;
                     17. Requests that MONUC report as soon as possible to the Council on the
               results of its investigations referred to in paragraph 16;
                    18. Expresses its support to the broad orientations set out by the Secretary-General in paragraph 59 of his last report on the role of MONUC in support of the
               peace process, and expresses its intention to consider his recommendations in this
               regard;
                    19. Reiterates its full support for MONUC and the efforts it continues to
               deploy to help the parties in the Democratic Republic of the Congo and in the region
               advance their peace process and stresses the importance of MONUC moving
               forward with its phase III deployment in accordance with resolution 1445;
                    20.   Decides to remain actively seized of the matter.




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