Security Council resolution 2389 (2017) [on implementation of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region]
Symbol: S/RES/2389 (2017)
Date: 2017-12-08
Status: adopted
Agenda: S/72 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/72 [101] GREAT LAKES REGION (AFRICA)--REGIONAL SECURITY
S/72 [104] UN ORGANIZATION STABILIZATION MISSION IN THE DEMOCRATIC REPUBLIC OF THE CONGO
Subjects: Mouvement du 23 mars (Democratic Republic of the Congo)|UN. Special Envoy of the Secretary-General for the Great Lakes Region|UN Organization Stabilization Mission in the Democratic Republic of the Congo|Framework for Peace, Security and Cooperation for the Democratic Republic of the Congo and the Region (2013)|PEACEBUILDING|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|REGIONAL SECURITY|GREAT LAKES REGION (AFRICA)
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOLIVIA (PLURINATIONAL STATE OF)
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: ETHIOPIA
vote: yes
country: FRANCE
vote: yes
country: ITALY
vote: yes
country: JAPAN
vote: yes
country: KAZAKHSTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SWEDEN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes

               United Nations                                                                    S/RES/2389 (2017)
               Security Council                                                 Distr.: General
                                                                                8 December 2017




               Resolution 2389 (2017)
               Adopted by the Security Council at its 8125th meeting, on
               8 December 2017

                    The Security Council,
                     Taking note of the report of the Secretary-General on the implementation of
               the Peace, Security and Cooperation (PSC) Framework for the Democratic Republic
               of the Congo (DRC) and the Region,
                      Reaffirming its strong commitment to the sovereignty, independence, unity and
               territorial integrity of all States in the region and emphasizing the need to respect
               fully the principles of non-interference, good-neighbourliness and regional
               cooperation,
                    Recalling that the Governments of the region bear the primary responsibility to
               protect civilians within their territories and subject to their jurisdiction, including
               protection from crimes against humanity and war crimes,
                     Expressing concern over the significant increase in the numbers of refugees
               and internally displaced persons (IDPs) in the Great Lakes region over the past year,
               totalling now more than 7 million internally displaced persons and 3.5 million
               refugees, and stressing the link between forced displacement and instability and
               insecurity in the region,
                     Reiterating its deep concern regarding the security and humanitarian crisis in
               the DRC exacerbated by destabilizing activities of foreign and domestic armed
               groups, stressing the importance of neutralizing armed groups in the DRC, and
               recognizing the importance of efforts of the Forces Armées de la République
               démocratique du Congo (FARDC) and the United Nations Organization
               Stabilisation Mission in the DRC (MONUSCO), including by conducting joint
               operations, in accordance with its mandate as stipulated in resolution 2348 (2017),
                     Welcoming the credible and peaceful conduct of elections in some States of the
               Great Lakes region, and noting, however, that recent and ongoing electoral
               processes in some countries of the Great Lakes region raise deep concerns about the
               risk of instability, insecurity, the potential for violence, human rights violations and
               abuses and violations of international humanitarian law and further d isplacement of
               people which impact all countries of the Great Lakes region,
                    Expressing concern at the illicit flow of weapons within and into the DRC,
               including their recirculation to and between armed groups, in violation of resolution
               2360 (2017), and declaring its determination to continue to monitor closely the



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               implementation of the arms embargo and other measures set out by its resolutions
               concerning the DRC, and acknowledging in this respect the important contribution
               the Council-mandated arms embargo makes to countering the illicit transfer of small
               arms and light weapons in the DRC, and in supporting post -conflict peacebuilding,
               disarmament, demobilization and reintegration of ex-combatants and security sector
               reform,
                    Expressing further concern at the illegal exploitation and trafficking of natural
               resources by armed groups among others, and the negative impact of armed conflict
               on protected natural areas, which undermines lasting peace and develo pment for the
               DRC, and encouraging the Government of the DRC to strengthen efforts to
               safeguard those areas,
                     Recalling the linkage between the illegal exploitation and trade of natural
               resources, including poaching and illegal trafficking of wildlife, an d the
               proliferation and trafficking of arms as one of the major factors fuelling and
               exacerbating conflicts in the Great Lakes region, and encouraging the continuation
               of the regional efforts of the International Conference of the Great Lakes Region
               (ICGLR) and the governments involved against the illegal exploitation of natural
               resources, and stressing, in this regard, the importance of regional cooperation and
               deepening economic integration with special consideration for the exploitation of
               natural resources,
                    Reaffirming that the Peace, Security and Cooperation (PSC) Framework
               remains an essential mechanism to achieve durable peace and stability in the DRC
               and the Region, noting and supporting the renewed commitment of its signatories
               towards its full implementation, and reiterating its call to all signatories to fulfil
               promptly, fully and in good faith their respective commitments under this
               Framework in order to address the root causes of conflict and put an end to
               recurring cycles of violence, and promote lasting regional development,
                     Recalling the strategic importance of the implementation of the PSC
               Framework, and welcoming the commitment of the AU Peace and Security Council,
               as expressed in its communique of 7 November 2017, to ensure the implement ation
               of the PSC Framework, and echoing its call upon all the signatory states and the
               Guarantors of the Framework to redouble their efforts, in order to ensure effective
               implementation of all aspects of the Framework,
                     Recalling the commitments under the PSC Framework by all States of the
               region not to interfere in the internal affairs of neighbouring countries, and to
               neither tolerate nor provide assistance or support of any kind to armed groups, and
               reiterating its strong condemnation of any and all internal or external support to
               armed groups active in the region, including through financial, logistical or military
               support, and not to harbour war criminals,
                     Stressing that the 2006 Pact on Security, Stability and Development in the
               Great Lakes Region and the PSC Framework for the Democratic Republic of the
               Congo and the region are mutually reinforcing, and are crucial tools to achieve long
               term peace and prosperity, emphasizing that the PSC Framework demonstrates that
               peace, security and development are interlinked and underscores the importance of
               strengthening regional cooperation, including the deepening of economic
               integration,
                     Mindful that solutions to the prevailing situation in the Great Lakes region
               should come within a regional perspective, by addressing the root causes of
               conflicts including their developmental aspects, many of which are regional in
               nature; with cross-border issues linked to the eastern DRC assuming crucial



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           significance, including the large flows of natural resources, migrants and refugees,
           and activities of armed groups and criminal networks across the borders,
                1.    Welcomes the renewed commitment of all the signatory states of the PSC
           Framework towards its full implementation, as expressed in the Communique of the
           Eighth High-Level Meeting of the Regional Oversight Mechanism, held in
           Brazzaville, Republic of Congo, on 19 October 2017, reaffirms that the PSC
           Framework remains an essential mechanism to achieve durable peace and stability
           in the DRC and the Region, and stresses in this regard the importance of the
           signatory States fully implementing their national and regional commitments under
           the PSC Framework;
                 2.   Welcomes also the progress under the Regional Plan of action for the
           Implementation of the Regional Commitments under the PSC Framework, including
           the recent activities in the areas of youth and women, combating illegal exploitation
           of natural resources and judicial cooperation, as well as the endorsement of the
           updated list of Priority Activities of the Regional Plan of Action;
                 3.   Encourages enhanced cooperation among all signatory states of the PSC
           Framework, with the support of its Guarantors, namely the African Union, the
           International Conference on the Great Lakes Region (ICGLR), the Southern African
           Development Community (SADC) and the United Nations, towards its full
           implementation;
                 4.   Strongly condemns all armed groups operating in the region and their
           violations of international humanitarian law, as well as other applicable
           international law, and abuses of human rights, including attacks on the civilian
           population, MONUSCO peacekeepers and humanitarian actors, summary
           executions, sexual and gender-based violence and large scale recruitment and use of
           children, and reiterates that those responsible should be held accountable;
                5.     Demands that all armed groups operating in the DRC, including the
           FDLR, the ADF, the LRA, cease immediately all forms of violence and other
           destabilizing activities, including the exploitation of natural resources, and that their
           members immediately and permanently disband, lay down their arms, and liberate
           and demobilize all children from their ranks, recalls in this regard its resolution
           2360 (2017) renewing the sanctions regime, and further calls for disarmament of
           FDLR active leadership and combatants, who were perpetrators of the 1994
           genocide against the Tutsi in Rwanda, during which Hutu a nd others who opposed
           the genocide were also killed, and have continued to promote and commit
           ethnically-based and other killings in Rwanda and the DRC;
                6.    Reiterates its call to all signatory States under the PSC Framework to
           redouble their efforts in order to fully and promptly implement their commitments
           in good faith, including not interfering in the internal affairs of neighbouring
           countries, neither tolerating nor providing assistance or support of any kind to
           armed groups, and not harbouring war criminals, and calls on the Government of
           the DRC, which has the primary responsibility for safeguarding the DRC ’s
           sovereignty and territorial integrity, to make further progress in implementing its
           commitments under the PSC Framework, in particular as regards security sector
           reform, consolidation of State authority, reconciliation, tolerance and
           democratization;
                 7.   Calls on the Government of the DRC, with the support of the countries
           of the region in line with their commitment under the PSC Framework, and in close
           collaboration with MONUSCO, including by conducting joint operations in
           accordance with its mandate as stipulated in resolution 2348 (2017), to vigorously
           pursue the neutralization of all armed groups still active in the Eastern DRC, and

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               stresses the need to protect the civilian population, including through professional,
               accountable and sustainable security forces, and to carry out operations in strict
               compliance with international law, including international humanitarian law and
               international human rights law, as applicable;
                     8.    Welcomes the commitment of the signatory states of the PSC Framework
               to complete without precondition the repatriation of the FDLR disarmed combatants
               and former M23 combatants within the shortest time frame possible, urges the
               Governments of the region, with the support of the PSC Guarantors, to strengthen
               their collaboration to meet the agreed timeframe;
                     9.   Requests the Governments of the DRC, Uganda and Rwanda to
               strengthen their collaboration to ensure the repatriation of former M23 combatants
               located in their territories consistent with the Nairobi declarations and in line with
               commitments under the PSC Framework, calls upon the Guarantors of PSC
               framework to continue their engagement with the stakeholders towards the
               resumption of the joint consultation between the DRC Government and the former
               M23 leadership initiated in 2016 under the auspices of the Guarantors, and further
               urges the former M23 leadership to cooperate fully with the repatriation of former
               combatants consistent with its commitment under the Nairobi declaration;
                    10. Reiterates its call for a suitable solution for the relocation of elements of
               the Sudan People’s Liberation Movement/Army-in Opposition (SPLM/A-iO)
               currently present in the DRC, welcomes the spirit of collaboration displayed by the
               Governments of DRC and South Sudan and the progress achieved thus far in this
               regard with the support of MONUSCO and the Office of the Special Envoy for th e
               Great Lakes Region, and calls on all regional actors and the international
               community to support these efforts;
                     11. Commends the efforts of the African Union, as well as the subregional
               organizations in particular ECCAS, EAC, ICGLR and SADC, towards su pporting
               political processes and finding peaceful solutions for the conflict situations in the
               region;
                     12. Urges continued regional and international support for initiatives aimed
               at promoting inclusive dialogue amongst national stakeholders and stresses the
               importance of opening political space to enable the full and free participation of
               peaceful political parties, civil society and the media as well as the full participation
               of both men and women in the political process, urges international and regional
               support for strengthening and improving capacity for elections and governance in
               the countries of the region, and calls on member states in the Great Lakes region to
               take steps to ensure that electoral processes promote peace and security through
               timely, peaceful, inclusive and credible elections, in line with countries ’ own
               constitutions and the African Charter on Democracy, Elections and Governance, as
               applicable;
                     13. Notes the link between justice and conflict prevention, and calls upon all
               countries in the Great Lakes region to comply with their obligations under
               international law, including international human rights law and international
               humanitarian law, and encourages them to actively pursue accountability for
               perpetrators of human rights violations and abuses and violations of international
               humanitarian law and to effectively support measures of conflict prevention by
               ending the culture of impunity, and welcomes efforts by national governments to
               reverse such trend;
                     14. Shares the view expressed in the RSF GLR that there is an urgent need to
               address violence and discrimination against women and girls, including rape and
               other forms of sexual violence in the Great Lakes region and take into account the


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           link between women´s participation in peace and security decision -making, for
           peace and gender equality;
                 15. Supports the regional initiatives on the issue of gender related violence
           in armed conflict to influence regional and local decision makers, aimed at the
           implementation of the commitments of the Kampala Declaration addressing
           impunity for gender based crimes at the country level and to improve women ’s
           visibility, empowerment and resilience;
                 16. Welcomes measures taken by the Governments in the region to
           implement the Group of Experts established by resolution 1533 (2004) due
           diligence guidelines, including adopting the Regional Certification Mechanism of
           the ICGLR into their national legislation, in accordance with OECD Guidance and
           international practice, and further welcomes the successful organization of the
           Regional Experts and Stakeholders Consultation on Natural Resources and Good
           Governance for Sustainable Peace, Development and Transformation of the Great
           Lakes Region, held in Nairobi on 5 and 6 July 2017, and notes with encouragement
           the increased cooperation between ICGLR and other partners on strengthening the
           ICGLR Regional Initiative against the Illegal Exploitation of Natural Resources;
                 17. Stresses the need to undertake further efforts to cut off financing for
           armed groups involved in destabilizing activities through the illicit trade of natural
           resources, including gold or wildlife products, and encourages the continuation of
           efforts by the Governments of the region to address issues of illegal exploitation and
           smuggling of natural resources, including holding accountable all those who
           participate in the illicit trade of natural resources, particu larly gold and wildlife
           products, and further encourages enhanced cooperation among the Governments in
           the region in line with its resolution 2360 (2017);
                 18. Stresses the need to find durable solutions for refugees, internally
           displaced persons and asylum seekers in the region, the majority of whom are
           women and children and are especially affected, and welcomes the efforts of
           Governments in the region and of regional and subregional organizations, as w ell as
           the hospitality provided by host communities for the millions of displaced people,
           and recalls in this regard obligations of the States in the region under the 1951
           Convention relating to the Status of Refugees;
                 19. Urges the governments of the region, as well as regional and
           international partners, to continue addressing urgent and drastically increasing
           humanitarian needs and pursue durable solutions for internally displaced persons,
           refugees and asylum seekers, notes that despite increasing needs, humanitarian
           appeals remain underfunded across the region, and urges international partners, and
           the donor community at large, to step up their support to humanitarian action in the
           region and in the DRC;
                 20. Underlines the importance of peacebuilding efforts to address the root
           causes of conflict through a collaborative approach between the countries in the
           region and the African Union and African subregional organizations, as well as
           international partners, and recognizes, in this regard, the potential contribution of
           the Peacebuilding Commission (PBC), in accordance with its mandate as stipulated
           in resolutions 1645 (2005) and 2282 (2016);
                 21. Recalls the Regional Strategic Framework for the Great lakes region
           2016–2017 (RSF GLR), which outlines the United Nations development approach in
           support of the implementation of the PSC Framework; and urges the donor
           community to contribute to the implementation of the RSF GLR, as an effective
           platform for partnership, in support of member states in the national and regional
           commitments aimed to address the root causes of conflicts, promote economic

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               development and cooperation among countries of the region, as well as
               strengthening mechanisms and capacities to address cross-border insecurity and
               trafficking, and bring about durable peace in the Great Lakes region;
                      22. Calls on the United Nations Special Envoy for the Great Lakes Region to
               continue his regional and international engagement in furtherance of peace and
               stability in the DRC and the region, including through the promotion of timely,
               credible, and inclusive national elections, regional dialogue and by continuing, in
               close coordination with the SRSG for the DRC and Head of MONUSCO, to lead,
               coordinate and assess the implementation of the national and regional commitments
               under the PSC Framework, as well as to continue his engagement in regional
               initiatives with key partners to address the underlying root causes of conflict, while
               avoiding overlapping with other United Nations institutions;
                     23. Stresses the need for deepening cooperation among the Guarantors of the
               PSC Framework, namely, the UN, AU, the ICGLR and SADC with the core
               signatory countries of the Framework, to ensure that major regional political and
               security challenges are addressed in a spirit of cooperation, and to create conditions
               for sustainable peace, stability and development in the DRC and the Great Lakes
               region, and for future alignment of the United Nations presence and engagement to
               this end;
                     24. Invites, in this regard, the Secretary General, to engage in high -level
               dialogue, in collaboration with the African Union, with the signatory states and
               Guarantor institutions of the PSC Framework, as well as key regional and
               international partners, to assess the progress, challenges and shortcomings in the
               implementation of the Framework, and to present his vision, supported by concrete
               recommendations, to the Council in his next report, which would mark the fifth
               anniversary of the signing of the PSC Framework.




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