Security Council resolution 1952 (2010) [on extension of measures on arms, transport, financial and travel against the Democratic Republic of the Congo imposed by resolution 1807 (2008) and expansion of the mandate of the Committee Established pursuant to Resolution 1533 (2004)]
Symbol: S/RES/1952(2010)
Date: 2010-11-29
Status: adopted
Agenda: S/65 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/65 [104] UN ORGANIZATION STABILIZATION MISSION IN THE DEMOCRATIC REPUBLIC OF THE CONGO
Subjects: UN. Security Council Committee Established pursuant to Resolution 1533 (2004) concerning the Democratic Republic of the Congo|UN. Group of Experts Established pursuant to Resolution 1533 (2004)|Forces démocratiques de libération du Rwanda|Democratic Republic of the Congo. Forces armées|UN Organization Stabilization Mission in the Democratic Republic of the Congo|Regional Centre on Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa|Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa (2004)|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|ARMS TRANSFERS|BORDER TRAFFIC|INTERNAL SECURITY|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|TRAVEL RESTRICTIONS|GUIDELINES|NORD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|SUD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|FROZEN ASSETS|INTERNATIONAL HUMANITARIAN LAW|HUMAN RIGHTS|MINERAL RESOURCES|CHILDREN IN ARMED CONFLICTS|WOMEN IN ARMED CONFLICTS|GENDER-BASED VIOLENCE|STOCKPILE MANAGEMENT|WEAPONS TRACING|CAPACITY BUILDING|LAW ENFORCEMENT|LAWS AND REGULATIONS|IMPORT POLICY|ILLICIT TRAFFIC|NATURAL RESOURCES|TRADE STATISTICS|COOPERATION BETWEEN ORGANIZATIONS|INFORMATION EXCHANGE|PEACEKEEPING OPERATIONS|RECOMMENDATIONS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: JAPAN
vote: yes
country: LEBANON
vote: yes
country: MEXICO
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TURKEY
vote: yes
country: UGANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                S/RES/1952 (2010)
               Security Council                                              Distr.: General
                                                                             29 November 2010




               Resolution 1952 (2010)
               Adopted by the Security Council at its 6432nd meeting,
               on 29 November 2010

                    The Security Council,
                    Recalling its previous resolutions, in particular resolution 1807 (2008), 1857
               (2008) and 1896 (2009), and the statements of its President concerning the
               Democratic Republic of the Congo,
                     Reaffirming its commitment to the sovereignty, territorial integrity and
               political independence of the Democratic Republic of the Congo as well as all States
               in the region,
                     Taking note of the interim and final reports (S/2010/252 and S/2010/596) of
               the Group of Experts on the Democratic Republic of the Congo (“the Group of
               Experts”) established pursuant to resolution 1771 (2007) and extended pursuant to
               resolutions 1807 (2008), 1857 (2008) and 1896 (2009) and of their
               recommendations, and welcoming the collaboration between the Group of Experts
               and the Government of the Democratic Republic of the Congo, as well as other
               Governments in the region and other international forums,
                     Reiterating its serious concern regarding the presence of armed groups and
               militias in the eastern part of the Democratic Republic of the Congo, including the
               provinces of North and South Kivu and Orientale Province, which perpetuate a
               climate of insecurity in the whole region,
                     Demanding that all armed groups, in particular the Forces démocratiques de
               libération du Rwanda (FDLR) and the Lord’s Resistance Army (LRA), immediately
               lay down their arms and cease their attacks against the civilian population,
               demanding also that all the parties to the 23 March 2009 Agreements implement
               their commitments effectively and in good faith,
                    Reiterating its concern about the support received by illegal armed groups
               operating in the eastern part of the Democratic Republic of the Congo from regional
               and international networks,
                    Condemning the continuing illicit flow of weapons within and into the
               Democratic Republic of the Congo in violation of resolutions 1533 (2004), 1807
               (2008), 1857 (2008) and 1896 (2009), declaring its determination to continue to
               monitor closely the implementation of the arms embargo and other measures set out


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               by its resolutions concerning the Democratic Republic of the Congo, and stressing
               the obligation of all States to abide by the notification requirements set out in
               paragraph 5 of resolution 1807 (2008),
                      Recalling the linkage between the illegal exploitation of natural resources,
               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 of
               Africa,
                     Noting with great concern the persistence of human rights and humanitarian
               law violations against civilians in the eastern part of the Democratic Republic of the
               Congo, including the killing and displacement of significant numbers of civilians,
               the recruitment and use of child soldiers, and widespread sexual violence, stressing
               that the perpetrators must be brought to justice, reiterating its firm condemnation of
               all violations of human rights and international humanitarian law in the country, and
               recalling all its relevant resolutions on women and peace and security, on children
               and armed conflict, and on the protection of civilians in armed conflicts,
                     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,
                     Welcoming the ongoing efforts of the Democratic Republic of the Congo and
               the countries of the Great Lakes region to jointly promote peace and stability in the
               region, in particular in the context of the International Conference on the Great
               Lakes Region, and reiterating the importance of the Government of the Democratic
               Republic of the Congo and all governments, particularly those in the region, taking
               effective steps to ensure that there is no support, in and from their territories, for the
               armed groups in the eastern part of the Democratic Republic of the Congo,
                    Supporting the commitment of the Government of the Democratic Republic of
               the Congo to rid the trade in natural resources of criminal networks and welcoming
               the enhanced collaboration between the Government of the Democratic Republic of
               the Congo and the Group of Experts in this area,
                    Determining that the situation in the Democratic Republic of the Congo
               continues to constitute a threat to international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Decides to renew until 30 November 2011 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;
                     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 that resolution
               regarding the individuals and entities referred to in paragraph 4 of resolution 1857
               (2008);




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                 4.    Calls upon all States to implement fully the measures specified in this
           resolution, and to cooperate fully with the Committee in carrying out its mandate;
                 5.    Requests the Secretary-General to extend, for a period expiring on
           30 November 2011, the Group of Experts established pursuant to resolution 1533
           (2004) and renewed by subsequent resolutions, with the addition of a sixth expert on
           natural resources issues, and requests the Group of Experts to fulfil its mandate as
           set out in paragraph 18 of resolution 1807 (2008) and expanded by paragraphs 9 and
           10 of resolution 1857 (2008), and to report to the Council in writing, through the
           Committee, by 18 May 2011 and again before 17 October 2011;
                 6.   Requests the Group of Experts to focus its activities in areas affected by
           the presence of illegal armed groups, including North and South Kivu and Orientale
           Province, as well as on regional and international networks providing support to
           illegal armed groups, criminal networks and perpetrators of serious violations of
           international humanitarian law and human rights abuses, including those within the
           national armed forces, operating in the eastern part of the Democratic Republic of
           the Congo, requests further that the Group of Experts evaluate the impact of due
           diligence guidelines referred to in paragraph 7 of this resolution and continue its
           collaboration with other forums;
                 7.    Supports taking forward the Group of Experts’ recommendations on
           guidelines for due diligence for importers, processing industries and consumers of
           Congolese mineral products, as set out in paragraphs 356 to 369 in part IX of the
           final report (S/2010/596), to mitigate the risk of further exacerbating the conflict in
           the eastern part of the Democratic Republic of the Congo by providing direct or
           indirect support to:
              – illegal armed groups, in the eastern part of the Democratic Republic of the
                Congo,
              – those found to violate the asset freeze and travel ban on sanctioned individuals
                and entities, as renewed by paragraph 3 above,
              – criminal networks and perpetrators of serious violations of international
                humanitarian law and human rights abuses, including those within the national
                armed forces.
                8.    Calls upon all States to take appropriate steps to raise awareness of the
           due diligence guidelines referred to above, and to urge importers, processing
           industries and consumers of Congolese mineral products to exercise due diligence
           by applying the aforementioned guidelines, or equivalent guidelines, containing the
           following steps as described in the final report (S/2010/596): strengthening
           company management systems, identifying and assessing supply chain risks,
           designing and implementing strategies to respond to identified risks, conducting
           independent audits, and publicly disclosing supply chain due diligence and findings;
                 9.   Decides that the Committee, in determining whether to designate an
           individual or entity supporting the illegal armed groups in the eastern part of the
           Democratic Republic of the Congo through illicit trade of natural resources,
           pursuant to sub paragraph (g) of paragraph 4 of resolution 1857 (2008) should
           consider, amongst other things, whether the individual or entity has exercised due
           diligence consistent with the steps set out in paragraph 8;




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                     10. 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 the illegal
               armed groups in the eastern part of the Democratic Republic of the Congo,
               welcoming the positive international developments in regard to addressing the risks
               posed by armed group leaders in the diasporas, and calls upon all States to take
               action, where appropriate, against leaders of the FDLR and other illegal armed
               groups residing in their countries;
                     11. Encourages the Government of the Democratic Republic of the Congo to
               continue to take appropriate measures to address the threat of criminal networks
               within the Armed Forces of the Democratic Republic of the Congo (FARDC)
               involved in illegal economic activities, such as mining, undermining their capacity
               to protect civilians in the eastern part of the country;
                    12. Calls upon the Congolese authorities to continue their fight against
               impunity, especially against all perpetrators of human rights and international
               humanitarian law violations, including sexual violence, including those committed
               by any illegal armed groups or elements of the FARDC;
                    13. Encourages the United Nations Organization Stabilization Mission in the
               Democratic Republic of the Congo (MONUSCO) to continue to share all relevant
               information with the Group of Experts, especially information on the recruitment
               and use of children, and on the targeting of women and children in situations of
               armed conflicts;
                     14. Reiterates its recommendation to the Government of the Democratic
               Republic of the Congo to promote stockpile security, accountability and
               management of arms and ammunition as an urgent priority, with the assistance of
               international partners as necessary, and to implement a national weapons marking
               program in line with the standards established by the Nairobi Protocol and the
               Regional Centre on Small Arms;
                    15. Urges the international community to consider providing increased
               technical or other assistance to reinforce the Congolese justice institutions and
               support to strengthen the institutional capacity of the mining, law enforcement and
               border control agencies and institutions of the Democratic Republic of the Congo;
                    16. Urges MONUSCO to continue supporting the efforts of the Congolese
               authorities to strengthen their justice system, to consolidate the trading counters in
               North and South Kivu and to monitor the measures imposed by paragraph 1 above,
               as mandated in the sub paragraphs (o), (r) and (t) of paragraph 12 of resolution 1925
               (2010);
                     17. Encourages enhanced cooperation between all States, particularly those
               in the region, MONUSCO and the Group of Experts and 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;
                     18. Reiterates its demand, expressed in paragraph 21 of resolution 1807
               (2008) and reaffirmed in paragraph 14 of resolution 1857 (2008) and paragraph 13
               of resolution 1896 (2009), that all parties and all States, particularly those in the
               region, cooperate fully with the work of the Group of Experts, and that they ensure
               the safety of its members, and unhindered and immediate access, in particular to




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           persons, documents and sites the Group of Experts deems relevant to the execution
           of its mandate;
                 19. Recommends that all States, particularly those in the region, regularly
           publish full import and export statistics for natural resources including gold,
           cassiterite, coltan, wolframite, timber, and charcoal and enhance information sharing
           and joint action at the regional level to investigate and combat regional criminal
           networks and armed groups involved in the illegal exploitation of natural resources;
                 20. Calls upon all States, particularly those in the region and those in which
           individuals and entities designated pursuant to paragraph 3 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 above;
                 21. Encourages all States to submit to the Committee for inclusion on its list
           of designees, individuals or entities that meet the criteria set out in paragraph 4 of
           resolution 1857 (2008), as well as any entities owned or controlled, directly or
           indirectly, by the submitted individuals or entities or individuals or entities acting on
           behalf of or at the direction of the submitted entities;
                 22. Decides that, when appropriate and no later than 30 November 2011, 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 Democratic Republic of the
           Congo, 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;
                23.   Decides to remain actively seized of the matter.




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