Security Council resolution 2078 (2012) [on renewal of measures on arms, transport, finance and travel against the Democratic Republic of the Congo imposed by Security Council resolution 1807 (2008) and extension of the mandate of the Group of Experts Established pursuant to Resolution 1533 (2004) until 1 Feb. 2014]
Symbol: S/RES/2078 (2012)
Date: 2012-11-28
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. Group of Experts Established pursuant to Resolution 1533 (2004)|UN Organization Stabilization Mission in the Democratic Republic of the Congo|Mouvement du 23 mars (Democratic Republic of the Congo)|Forces démocratiques de libération du Rwanda|Democratic Republic of the Congo. Forces armées|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|TRAVEL RESTRICTIONS|GROUPS OF EXPERTS|PEACEBUILDING|PEACEKEEPING OPERATIONS|INTERNATIONAL HUMANITARIAN LAW
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/2078 (2012)
               Security Council                                                 Distr.: General
                                                                                28 November 2012




               Resolution 2078 (2012)
               Adopted by the Security Council at its 6873rd meeting, on
               28 November 2012

                    The Security Council,
                    Recalling its previous resolutions and the statements of its President
               concerning the Democratic Republic of the Congo,
                     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 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,
                     Taking note of the interim report (S/2012/348), its addendum
               (S/2012/348/Add.1) and the final report (S/2012/843) 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), 1896 (2009), 1952 (2010) and 2021 (2011) and of their recommendations,
                   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),
                    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,
                     Condemning the continuing illicit flow of weapons within and into the DRC in
               violation of resolutions 1533 (2004), 1807 (2008), 1857 (2008), 1896 (2009), 1952
               (2010), and 2021 (2011) 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,
                      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

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               the major factors fuelling and exacerbating conflicts in the Great Lakes region of
               Africa, and encouraging the continuation of the regional efforts of the International
               Conference on the Great Lakes Region (ICGLR) against the illegal exploitation of
               natural resources,
                     Noting with great concern the persistence of serious human rights abuses and
               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 child soldiers committed 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,
                    Welcoming the efforts of the United Nations Secretary-General as well as of
               the International Conference on the Great Lakes Region (ICGLR), the Southern
               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,
               8 October 2012 and 24 November to address the situation in Eastern DRC,
                     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,
                     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 and emphasizing that those responsible for such
               attacks must be brought to justice,
                     Determining that the situation in the DRC 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 1 February 2014 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) and reaffirms the provisions of paragraphs 10 and 12 of resolution 1807
               (2008) in relation to those measures;
                    4.   Decides that the measures referred to in paragraph 3 above shall apply to
               the following individuals, and, as appropriate, entities, as designated by the
               Committee:
                     (a) Persons or entities acting in violation of the measures taken by Member
               States in accordance with paragraph 1 above;


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                 (b) Political and military leaders of foreign armed groups operating in the
           Democratic Republic of the Congo who impede the disarmament and the voluntary
           repatriation or resettlement of combatants belonging to those groups;
                 (c) Political and military leaders of Congolese militias receiving support
           from outside the Democratic Republic of the Congo, who impede the participation
           of their combatants in disarmament, demobilization and reintegration processes;
                 (d) Political and military leaders operating in the Democratic Republic of the
           Congo and recruiting or using children in armed conflict contrary to applicable
           international law;
                 (e) Individuals or entities operating in the Democratic Republic of the Congo
           and committing serious violations involving the targeting of children or women in
           situations of armed conflict, including killing and maiming, sexual violence,
           abduction, and forced displacement;
               (f) Individuals or entities obstructing the access to or the distribution of
           humanitarian assistance in the eastern part of the Democratic Republic of the
           Congo;
                (g) Individuals or entities illegally supporting armed groups in the eastern
           part of the Democratic Republic of the Congo through illicit trade of natural
           resources, including gold;
                (h) Individuals or entities acting on behalf of or at the direction of a
           designated individual or entity owned or controlled by a designated individual;
              (i) Individuals or entities who plan, sponsor or participate in attacks against
           MONUSCO peacekeepers;
                  5.   Requests the Secretary-General to extend, for a period expiring on
           1 February 2014, the Group of Experts established pursuant to resolution 1533
           (2004) and renewed by subsequent resolutions 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 present to the Council,
           through the Committee, a written mid-term report by 28 June 2013, and a written
           final report before 13 December 2013, welcomes the practice of receiving additional
           updates of the Group of Experts as appropriate, and further requests that, after a
           discussion with the Committee, the Group of Experts submit to the Council its final
           report upon termination of the Group’s mandate;
                 6.    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;
                7.    Demands that the M23 and other armed groups, including the Democratic
           Forces for the Liberation of Rwanda (FDLR), the Lord’s Resistance Army (LRA),
           Mai Mai militias, the Forces Nationales de Liberation (FNL) and the Allied
           Democratic Forces (ADF) cease immediately all forms of violence and other




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               destabilizing activities and release immediately all child soldiers and permanently
               lay down their arms;
                     8.    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 reiterates its demand that any and all outside support to the
               M23 cease immediately;
                     9.   Expresses its intention to consider additional targeted sanctions, in
               accordance with the criteria set out in paragraph 4 of this resolution, 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;
                    10. Decides that the measures imposed by paragraph 9 of resolution 1807
               (2008) shall not apply:
                     (a) Where the Committee determines in advance and on a case-by-case basis
               that such travel is justified on the grounds of humanitarian need, including religious
               obligation;
                    (b) Where the Committee concludes that an exemption would further the
               objectives of the Council’s resolutions, that is peace and national reconciliation in
               the Democratic Republic of the Congo and stability in the region;
                     (c) Where the Committee authorises in advance, and on a case by case basis,
               the transit of individuals returning to the territory of the State of their nationality, or
               participating in efforts to bring to justice perpetrators of grave violations of human
               rights or international humanitarian law; or
                    (d)   Where such entry or transit is necessary for the fulfilment of judicial
               process;
                    11. Reiterates its call 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;
                     12. Encourages the Government of the Democratic Republic of the Congo to
               enhance stockpile security, accountability and management of arms and
               ammunition, with the assistance of international partners 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;
                     13. 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 and justice sector reform,
               and to end impunity for abuses of human rights and violations of international
               humanitarian law, urges the Government of the DRC to increase efforts in this
               regard, welcomes the efforts to date by the Government of the DRC to address



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           issues of illegal exploitation and smuggling of natural resources, and urges
           continued effort in this regard;
                14. 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, and calls on all States to assist the DRC, the ICGLR
           and the countries in the Great Lakes region in the implementation of the guidelines;
                 15. Encourages all States, particularly those in the region, to continue to
           raise awareness of the Group of Experts due diligence guidelines, in particular in the
           gold sector as part of broader efforts to mitigate the risk of further financing armed
           groups and criminal networks within the Armed Forces of the Democratic Republic
           of the Congo (FARDC) in the Democratic Republic of the Congo;
                16. Reaffirms the provisions of paragraphs 6 to 13 of resolution 1952 (2010)
           and requests the Group of Experts to continue to study the impact of due diligence;
                 17. Reaffirms the provisions of paragraphs 7 to 9 of resolution 2021 (2011)
           and reiterates its call to the DRC and States in the Great Lakes region to require
           their customs authorities to strengthen their control on exports and imports of
           minerals from the DRC, and to cooperate at the regional level to investigate and
           combat regional criminal networks and armed groups involved in the illegal
           exploitation of natural resources;
                18. Recalls the mandate of the United Nations Organization Stabilization
           Mission in the Democratic Republic of the Congo (MONUSCO) to support the
           relevant Congolese authorities in preventing the provision of support to armed
           groups from illicit activities, including production and trade in natural resources,
           notably by carrying out spot checks and regular visits to mining sites, trade routes
           and markets, in the vicinity of the five pilot trading counters;
                 19. Stresses the importance of the Congolese Government 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 and encourages MONUSCO to
           use its existing authority to assist the Congolese Government in this regard;
                 20. 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 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 unhindered and immediate access, in particular to persons, documents and sites
           the Group of Experts deems relevant to the execution of its mandate;
                 21. Calls upon the Group of Experts to cooperate actively with other relevant
           panels of experts, in particular that on Côte d’Ivoire re-established by paragraph 13
           of resolution 1980 (2011) and that on Liberia re-established by paragraph 6 of
           resolution 1961 (2010) with respect to natural resources;
                 22. 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


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               implement the measures imposed by paragraphs 1, 2, and 3 and recommended in
               paragraph 8 of resolution 1952 (2010);
                     23. Decides that, when appropriate and no later than 1 February 2014, 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 child soldiers;
                    24.   Decides to remain actively seized of the matter.




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