Security Council resolution 1896 (2009) [on expansion of the mandate of the Committee Established pursuant to resolution 1533 (2004) and extension of measures on arms, transport, financial and travel against the Democratic Republic of the Congo imposed by resolution 1807 (2008)]
Symbol: S/RES/1896(2009)
Date: 2009-11-30
Status: adopted
Agenda: S/64 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/64 [105] UN ORGANIZATION 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 > Terms of reference|UN. Group of Experts Established pursuant to Resolution 1533 (2004) > Terms of reference|UN Organization Mission in the Democratic Republic of the Congo|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|PURCHASING|MINERAL RESOURCES|STOCKPILE MANAGEMENT|WEAPONS TRACING|COOPERATION BETWEEN ORGANIZATIONS|INFORMATION EXCHANGE|CHILDREN IN ARMED CONFLICTS|WOMEN IN ARMED CONFLICTS|FOCAL POINTS|STAFF SECURITY|DOCUMENTS|WEBSITES|LAWS AND REGULATIONS|IMPORT POLICY|CERTIFICATES OF ORIGIN|ILLICIT TRAFFIC|NATURAL RESOURCES|TRADE STATISTICS|TECHNICAL COOPERATION|CAPACITY BUILDING|SECURITY SECTOR REFORM|NORD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|SUD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|ITURI (DEMOCRATIC REPUBLIC OF THE CONGO : DISTRICT)|RECOMMENDATIONS|GUIDELINES
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: MEXICO
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
country: VIET NAM
vote: yes

                United Nations                                                                    S/RES/1896 (2009)*
                Security Council                                                   Distr.: General
                                                                                   7 December 2009




                Resolution 1896 (2009)
                Adopted by the Security Council at its 6225th meeting, on
                30 November 2009

                     The Security Council,
                     Recalling its previous resolutions, in particular resolution 1804 (2008), 1807
                (2008) and 1857 (2008), 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/2009/253 and S/2009/603) 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) and 1857 (2008) and of their recommendations,
                      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 and South Kivu, Ituri and the Orientale Province, which
                perpetuate a climate of insecurity in the whole region,
                      Demanding that all armed groups, in particular the Forces Démocratiques de
                liberation 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 respect the
                ceasefire and implement their commitments effectively and in good faith,
                      Expressing concern about the support received by armed groups operating in
                the eastern part of the Democratic Republic of the Congo from regional and
                international networks,
                      Welcoming the commitments of the Democratic Republic of the Congo and the
                countries of the Great Lakes region to jointly promote peace and stability in the
                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,


            * Reissued for technical reasons.


09-62453* (E)
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S/RES/1896 (2009)


                     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,
                     Stressing the need to fight impunity as an integral part of the much-needed
               comprehensive reform of the security sector, and strongly encouraging the
               Government of the Democratic Republic of the Congo to implement its “zerotolerance policy” against criminal acts and misconduct in the armed forces,
                    Encouraging the Government of the Democratic Republic of the Congo to take
               concrete measures to reform the justice sector and implement the Penitentiary
               System Reform Action Plan, in order to ensure a fair and credible system against
               impunity,
                    Recalling its resolution 1502 (2003) on the protection of United Nations
               personnel, associated personnel and humanitarian personnel in conflict zones,
                     Condemning the continuing illicit flow of weapons within and into the
               Democratic Republic of the Congo in violation of resolutions 1533 (2004), 1807
               (2008) and 1857 (2008), 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),
                      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 major factors fuelling and exacerbating conflicts in the Great Lakes region of
               Africa,
                    Welcoming the announcement from the Department of Peacekeeping
               Operations of its intention to develop guidelines to enhance cooperation and
               information-sharing between the United Nations peacekeeping missions and the
               Security Council’s Sanctions Committees’ expert panels,
                    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 2010 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;




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                 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);
                 4.   Decides further to expand the mandate of the Committee as set out in
           paragraph 8 of resolution 1533 (2004) and expanded upon in paragraph 18 of
           resolution 1596 (2005), paragraph 4 of resolution 1649 (2005) and paragraph 14 of
           resolution 1698 (2006) and reaffirmed in paragraph 15 of resolution 1807 (2008)
           and paragraphs 6 and 25 of resolution 1857 (2008) to include the following tasks:
                 (a) To promulgate guidelines taking into account paragraphs 17 to 24 of
           resolution 1857 (2008), within six months from the date of adoption of this
           resolution, in order to facilitate the implementation of the measures imposed by this
           resolution, and keep them under active review as may be necessary;
                (b) To hold regular consultations with concerned Member States in order to
           ensure full implementation of the measures set forth in this resolution;
                (c) To specify the necessary information that Member States should provide
           in order to fulfil the notification requirement set out in paragraph 5 of resolution
           1807 (2008) and to circulate this among Member States;
                 5.    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 implement fully the measures specified in this resolution, and to cooperate
           fully with the Committee in carrying out its mandate, and further calls upon those
           Member States that have not previously done so to report to the Committee, within
           forty-five days from the date of adoption of this resolution, on the actions they have
           taken to implement the measures imposed by paragraphs 1, 2, and 3 above;
                  6.   Requests the Secretary-General to extend, for a period expiring on
           30 November 2010, 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 21 May 2010 and again before 20 October 2010;
                 7.   Decides that the mandate of the Group of Experts referred to in
           paragraph 6 above shall also include the task to produce, taking into account
           paragraph 4 (g) of resolution 1857 (2008), drawing inter alia on their reports and
           taking advantage of work done in other forums, recommendations to the Committee
           for guidelines for the exercise of due diligence by the importers, processing
           industries and consumers of mineral products regarding the purchase, sourcing
           (including steps to be taken to ascertain the origin of mineral products), acquisition
           and processing of mineral products from the Democratic Republic of the Congo;
                8.    Requests the Group of Experts to focus its activities in North and South
           Kivu, Ituri and the Orientale Province, as well as on regional and international



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               networks providing support to armed groups operating in the eastern part of the
               Democratic Republic of the Congo;
                    9.   Recommends the Government of the Democratic Republic of the Congo
               to promote stockpile security, accountability and management of arms and
               ammunition as an urgent priority, and to implement a national weapons marking
               programme in line with the standards established by the Nairobi Protocol and the
               Regional Centre on Small Arms;
                     10. Requests the Governments of the Democratic Republic of the Congo and
               of all States, particularly those in the region, the United Nations Organization
               Mission in the Democratic Republic of the Congo (MONUC) and the Group of
               Experts to cooperate intensively, including by exchanging information regarding
               arms shipments, trading routes and strategic mines known to be controlled or used
               by armed groups, flights from the Great Lakes region to the Democratic Republic of
               the Congo and from the Democratic Republic of the Congo to the Great Lakes
               region, the illegal exploitation and trafficking in natural resources, and activities of
               individuals and entities designated by the Committee pursuant to paragraph 4 of
               resolution 1857 (2008);
                    11. Requests in particular that MONUC 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;
                     12. Further demands 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 requests in this regard all States to identify a focal point to the
               Committee in order to enhance cooperation and information sharing with the Group
               of Experts;
                     13. Reiterates its demand, expressed in paragraph 21 of resolution 1807
               (2008) and reaffirmed in paragraph 14 of resolution 1857 (2008), 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 persons, documents and sites the Group of
               Experts deems relevant to the execution of its mandate;
                     14. Calls upon Member States to take measures to ensure that importers,
               processing industries and consumers of Congolese mineral products under their
               jurisdiction exercise due diligence on their suppliers and on the origin of the
               minerals they purchase;
                    15. Calls upon Member States to cooperate fully with the Group of Experts
               in respect of its mandate under paragraph 7 of this resolution to develop
               recommendations for the Committee for guidelines for the exercise of due diligence,
               in particular by providing details of any relevant national guidelines, licensing
               requirements or legislation relating to trading in mineral products;
                     16. Recommends that importers and processing industries adopt policies and
               practices, as well as codes of conduct, to prevent indirect support to armed groups in
               the Democratic Republic of the Congo through the exploitation and trafficking of
               natural resources;




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                 17. Recommends further that Member States, particularly those in the Great
           Lakes region, regularly publish full import and export statistics for gold, cassiterite,
           coltan and wolframite;
                18. Urges the donor community to consider providing increased technical or
           other assistance 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;
                  19. Encourages Member 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;
                 20. Reiterates the provisions on listing individuals and entities by Member
           States as set out in paragraphs 17, 18, 19 and 20 of resolution 1857 (2008), on
           de-listing individual and entities as set out in paragraphs 22, 23 and 24 of resolution
           1857 (2008); and on the role of the Focal Point, as set out in resolution 1730 (2006);
                 21. Decides that, when appropriate and no later than 30 November 2010, 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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