Security Council resolution 1616 (2005) [on renewing arms embargo imposed by resolution 1493 and expanded by resolution 1596 and re-establishing the Panel of Experts on the Democratic Republic of the Congo]
Symbol: S/RES/1616(2005)
Date: 2005-07-29
Status: adopted
Agenda: S/60 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
Subjects: UN. Group of Experts Established pursuant to Resolution 1533 (2004)|UN. Security Council Committee Established pursuant to Resolution 1533 (2004) concerning the Democratic Republic of the Congo|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|ILLICIT ARMS TRAFFICKING|ARMED FORCES
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ALGERIA
vote: yes
country: ARGENTINA
vote: yes
country: BENIN
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: DENMARK
vote: yes
country: FRANCE
vote: yes
country: GREECE
vote: yes
country: JAPAN
vote: yes
country: PHILIPPINES
vote: yes
country: ROMANIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED REPUBLIC OF TANZANIA
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1616 (2005)
               Security Council                                                 Distr.: General
                                                                                29 July 2005




               Resolution 1616 (2005)
               Adopted by the Security Council at its 5243rd meeting, on
               29 July 2005

                    The Security Council,
                    Recalling its previous resolutions and the statements by its President
               concerning the Democratic Republic of the Congo, in particular resolutions 1493 of
               28 July 2003, 1533 of 12 March 2004, 1552 of 27 July 2004, 1565 of 1 October
               2004, 1592 of 30 March 2005 and 1596 of 18 April 2005,
                     Reiterating its serious concern regarding the presence of armed groups and
               militias in the Eastern part of the Democratic Republic of the Congo, particularly in
               the provinces of North Kivu and South Kivu and in the Ituri district, which
               perpetuate a climate of insecurity in the whole region,
                     Condemning the continuing illicit flow of weapons within and into the
               Democratic Republic of the Congo, and declaring its determination to closely
               monitor compliance with the arms embargo imposed by resolution 1493 and
               expanded by resolution 1596, and to enforce the measures provided for in
               paragraphs 13 and 15 of resolution 1596 against persons and entities acting in
               violation of this embargo,
                      Recognizing 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 factors fuelling and exacerbating conflicts in the Great Lakes region of Africa,
                     Taking note of the report of the Group of Experts referred to in paragraph 10 of
               resolution 1533 and paragraph 21 of resolution 1596 (hereafter the Group of
               Experts), dated 5 July 2005 (S/2005/436), transmitted by the Committee established
               in accordance with paragraph 8 of resolution 1533 (hereafter the Committee),
                    Noting 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.    Reaffirms the demands of paragraphs 15, 18 and 19 of resolution 1493
               and of paragraphs 5 and 19 of resolution 1596;
                     2.  Decides, in light of the failure by the parties to comply with the demands
               of the Council, to renew until 31 July 2006 the provisions of paragraphs 20 to 22 of


05-44636 (E)
*0544636*

S/RES/1616 (2005)


               resolution 1493, as amended and expanded by paragraph 1 of resolution 1596, and
               reaffirms paragraphs 2, 6, 10 and 13 to 16 of resolution 1596;
                    3.   Expresses its intention to modify or to remove those provisions if it
               determines that the demands noted above have been satisfied;
                     4.    Requests the Secretary-General, in consultation with the Committee, to
               re-establish the Group of Experts within thirty days from the date of adoption of this
               resolution and for a period expiring on 31 January 2006, drawing, as appropriate, on
               the expertise of the members of the group of experts established pursuant to
               resolution 1596;
                    5.    Requests the Group of Experts to continue fulfilling its mandate as
               defined in resolutions 1533 and 1596, to update the Committee on its work by
               10 November 2005, and to report to the Council in writing, through the Committee,
               before 10 January 2006, including on the implementation of the measures imposed
               by paragraph 20 of resolution 1493 and expanded by resolution 1596, with
               recommendations in this regard, in particular regarding the lists provided for by
               paragraph 10 (g) of resolution 1533, and including information on the sources of
               financing, such as from natural resources, which are funding the illicit trade in arms;
                    6.    Decides to remain actively seized of the matter.




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