Security Council resolution 2021 (2011) [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 30 Nov. 2012]
Symbol: S/RES/2021(2011)
Date: 2011-11-29
Status: adopted
Agenda: S/66 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/66 [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|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|TRAVEL RESTRICTIONS|FROZEN ASSETS|PEACEKEEPING OPERATIONS|INTERNAL SECURITY|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|GUIDELINES|TRADE STATISTICS|NATURAL RESOURCES|INFORMATION EXCHANGE|CRIME PREVENTION|STOCKPILE MANAGEMENT|WEAPONS TRACING|PARAMILITARY FORCES|HUMAN RIGHTS IN ARMED CONFLICTS|WAR CRIMES|ACCOUNTABILITY|COOPERATION BETWEEN ORGANIZATIONS|GROUPS OF EXPERTS|SANCTIONS COMPLIANCE
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GERMANY
vote: yes
country: INDIA
vote: yes
country: LEBANON
vote: yes
country: NIGERIA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                S/RES/2021 (2011)
               Security Council                                              Distr.: General
                                                                             29 November 2011




               Resolution 2021 (2011)
               Adopted by the Security Council at its 6671st meeting, on
               29 November 2011

                    The Security Council,
                    Recalling its previous resolutions 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,
                     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 and final reports (S/2011/345 and S/2011/738) 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) and 1952 (2010) and of their
               recommendations, and welcoming the ongoing 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 in 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, and reiterating its concern about the support received by these armed groups
               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), 1896 (2009) and 1952 (2010), declaring its determination to
               continue to monitor closely the implementation of the arms embargo and other
               measures set out 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),




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                      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,
                     Underlining the importance of economic development to ensure long-term
               stabilization and peace consolidation, expressing in this regard its concern about
               further rise in unemployment and worsened poverty in some mining areas, and
               noting at the same time the link between the exercise of due diligence by some
               comptoirs, the improvement of the mining sector governance and the rise of
               minerals production and export in other mining areas as reported by the Group of
               Experts,
                     Welcoming the regional efforts by the countries of the Great Lakes region in
               the context of the International Conference on the Great Lakes Region against the
               illegal exploitation of natural resources, noting the commitment of these countries to
               establish a Regional Initiative against the Illegal Exploitation of Natural Resources
               and their endorsement of the due diligence guidelines, as defined by the
               Organization for Economic Cooperation and Development, and encouraging those
               states to implement the components of the Regional Initiative,
                     Expressing its concern that armed groups are turning increasingly to new
               sources of funding through diverse criminal activities, including illicit drug
               trafficking, illegal taxation and agricultural sales,
                     Noting with great concern the persistence of human rights abuses 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 human rights abuses and international
               humanitarian law violations 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,
                    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 2012 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.   Requests the Secretary-General to extend, for a period expiring on
           30 November 2012, 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 report to the Council in
           writing, through the Committee, by 18 May 2012 and again before 19 October 2012;
                 5.   Reaffirms the provisions of paragraphs 6 to 13 of resolution 1952 (2010)
           and requests the Group of Experts to include in their evaluation of the impact of due
           diligence a comprehensive assessment on the economic and social development of
           the relevant mining areas in the Democratic Republic of the Congo;
                 6.    Welcomes the support of the due diligence guidelines, as defined by the
           United Nations Group of Experts and the Organization for Economic Cooperation
           and Development, by the Democratic Republic of the Congo, welcomes further the
           measures taken by the Congolese Government to implement the guidelines and calls
           on all States to assist the Democratic Republic of the Congo and the countries in the
           Great Lakes region in the implementation of the guidelines;
                 7.    Encourages all States, particularly those in the region, to continue to
           raise awareness of the United Nations 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;
                 8.  Encourages the Democratic Republic of the Congo and the States in the
           Great Lakes region to require their customs authorities to strengthen their control on
           exports and imports of minerals from the Democratic Republic of the Congo and
           calls upon the international community to assist the Democratic Republic of the
           Congo and other States in the Great Lakes region as necessary and requested, to
           enhance their capacities in this regard;
                 9.     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;
                10. 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;
                 11. 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;




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                     12. Encourages the Government of the Democratic Republic of the Congo to
               continue to address the underlying issue of the cohesion of the national Army,
               including by further ensuring proper integration and vetting of former armed groups,
               in particular the Congrès National pour la Défense du Peuple (CNDP), into the
               FARDC, to ensure that members of the National Army are paid in a timely fashion,
               operate in accordance with established command and control regulations, and are
               subject to such disciplinary action as may be appropriate when regulations are
               violated, and to ensure that the Congolese security forces redeploy to mitigate the
               threats caused by security vacuums, including those which have arisen during the
               reconfiguration process of the FARDC;
                    13. Demands that all armed groups, in particular the FDLR, the LRA, Mai
               Mai Yakutumba, the Forces Nationales de Libération (FNL) and the Allied
               Democratic Forces (ADF) lay down their arms and immediately cease all forms of
               violence, human rights abuses and international humanitarian law violations against
               the civilian population in the Democratic Republic of the Congo and the Great
               Lakes region, in particular against women and children, including rape and other
               forms of sexual abuse, and demobilize;
                    14. Welcomes the ongoing efforts of the Congolese authorities to fight
               against impunity and encourages their continuation, including against perpetrators
               of human rights abuses and international humanitarian law violations, including
               sexual violence, and against those responsible for illegal exploitation of natural
               resources, including those committed by any illegal armed groups or elements of the
               FARDC;
                     15. 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;
                     16. Encourages 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 unhindered and
               immediate access, in particular to persons, documents and sites the Group of
               Experts deems relevant to the execution of its mandate;
                     17. 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;
                     18. Encourages MONUSCO to take into account the findings of the Group of
               Experts regarding armed groups and challenges to the integration of armed groups
               in the Mission’s contingency plans in the six-month post-electoral period;
                     19. 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 of resolution 1952 (2010);


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                 20. 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;
                 21. Decides that, when appropriate and no later than 30 November 2012, 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;
                22.   Decides to remain actively seized of the matter.




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