UN/DRC SANCTIONS: COUNCIL UNANIMOUSLY ADOPTS

UNCLAS USUN NEW YORK 000296

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: DRC PREL UNSC PGOV ETTC
SUBJECT: UN/DRC SANCTIONS: COUNCIL UNANIMOUSLY ADOPTS
RESOLUTION 1803 AMENDING SANCTIONS REGIME

REF: STATE 32644


1. The Security Council adopted resolution 1807 on March 31
by a vote of 15-0. Resolution 1807 terminates all
restrictions on the ability of the Government of the
Democratic Republic of the Congo to import arms and expands
the criteria for individual sanctions to those targeting
women in conflict, including through sexual violence. The
resolution also renews until December 31, 2008 the arms
embargo on all non-governmental (rebel) forces operating in
the DRC and the sanctions targeting any person or entity that
violates the arms embargo or any leader of a rebel group that
impedes DDR, recruits children into its ranks, or targets
children in its operations. The resolution was co-sponsored
by France (the drafting delegation),the U.S., the UK,
Belgium, Italy, Costa Rica, and Croatia.


2. Begin text of resolution 1807:

The Security Council,

Recalling its previous resolutions, in particular resolution
1794 (2007),and the statements by 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,

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 and the Ituri district,
which perpetuate a climate of insecurity in the whole 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,

Recalling the joint communique of the Government of the
Democratic Republic of Congo and the Government of the
Republic of Rwanda signed in Nairobi on 9 November 2007 and
the outcome of the Conference for Peace, Security and
Development in North and South Kivu, held in Goma from 6 to
23 January 2008, which together represent a major step
towards the restoration of lasting peace and stability in the
Great Lakes region, and looking forward to their full
implementation,

Recalling its resolution 1804 (2008) and its demand that the
Rwandan armed groups operating in the eastern Democratic
Republic of the Congo lay down their arms without any further
delay or preconditions,

Reiterating the importance of urgently carrying out security
sector reform and of disarming, demobilizing, repatriating,
resettling and reintegrating, as appropriate, Congolese and
foreign armed groups for the long-term stabilization of the
Democratic Republic of the Congo, and welcoming in this
regard the round table on the reform of the security sector
that was held on 24 and 25 February 2008 in Kinshasa,

Taking note of the final report (S/2008/43) of the Group of
Experts on the Democratic Republic of the Congo established
pursuant to resolution 1771 (2007) ("the Group of Experts)
and of its recommendations,

Condemning the continuing illicit flow of weapons within and
into the Democratic Re-public of the Congo, 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,

Stressing that improved exchange of information between the
Committee established pursuant to resolution 1533 (2004)
("the Committee"),the Group of Experts, the United Nations
Organization Mission in the Democratic Republic of the Congo
(MONUC),other United Nations offices and missions in the
region, within their respective mandates, and the Governments
of the region can contribute to the prevention of arms
shipments to non-governmental entities and individuals
subject to the arms 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
fueling and exacerbating conflicts in the Great Lakes region


of Africa,

Recalling its resolution 1612 (2005) and its previous
resolutions on children and armed conflict, and strongly
condemning the continued recruitment, targeting and use of
children in violation of applicable international law, in the
hostilities in the Democratic Republic of the Congo,

Recalling its resolution 1325 (2000) on women, peace and
security, and strongly condemning the continuing violence, in
particular sexual violence directed against women in the
Democratic Republic of the Congo,

Calling on the donor community to provide urgent assistance
needed for the reform of the administration of justice, and
recalls MONUC's mandate to advise the Government, in
coordination with international partners, in strengthening
the capacity of the judicial and correctional systems,
including the military justice system,

Recalling the measures on arms imposed by paragraph 20 of
resolution 1493, as amended and expanded by paragraph 1 of
resolution 1596,

Recalling the measures on transport imposed by paragraphs 6,
7 and 10 of resolution 1596,

Recalling the financial and travel measures imposed by
paragraphs 13 and 15 of resolution 1596, paragraph 2 of
resolution 1649, and paragraph 13 of resolution 1698,

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,

A


1. Decides, for a further period ending on 31 December 2008,
that all States shall take the necessary measures to prevent
the direct or indirect supply, sale or transfer, from their
territories or by their nationals, or using their flag
vessels or aircraft, of arms and any related materiel, and
the provision of any assistance, advice or training related
to military activities, including financing and financial
assistance, to all non-governmental entities and individuals
operating in the territory of the Democratic Republic of the
Congo;


2. Decides that the measures on arms, previously imposed by
paragraph 20 of resolution 1493 and paragraph 1 of resolution
1596, as renewed in paragraph 1 above, shall no longer apply
to the supply, sale or transfer of arms and related materiel,
and the provision of any assistance, advice or training
related to military activities to the Government of the
Democratic Republic of the Congo;


3. Decides that the measures in paragraph 1 above shall not
apply to:

a) Supplies of arms and related materiel as well as technical
training and assistance intended solely for support of or use
by the United Nations Organization Mission in the Democratic
Republic of the Congo (MONUC);

b) Protective clothing, including flack jackets and military
helmets, temporarily exported to the Democratic Republic of
the Congo by United Nations personnel, representatives of the
media and humanitarian and development workers and associated
personnel, for their personal use only;

c) Other supplies of non-lethal military equipment intended
solely for humanitarian or protective use, and related
technical assistance and training, as notified in advance to
the Committee in accordance with paragraph 4 below;


4. Decides to terminate the obligations set out in paragraph
4 of resolution 1596 and paragraph 4 of resolution 1771;


5. Decides, for the period referred to in paragraph 1 above,
that all States shall notify in advance to the Committee any
shipment of arms and related materiel for the Democratic
Republic of the Congo, or any provision of assistance, advice
or training related to military activities in the Democratic
Republic of the Congo, except those referred to in
subparagraphs (a) and (b) of paragraph 3 above, and stresses
the importance that such notifications contain all relevant
information, including, where appropriate, the end-user, the


proposed date of delivery and the itinerary of shipments;

B


6. Decides that, for a further period ending on the date
referred to in paragraph 1 above, all governments in the
region, and in particular those of the Democratic Republic of
the Congo and of States bordering Ituri and the Kivus, shall
take the necessary measures:

a) To ensure that aircraft operate in the region in
accordance with the Convention on International Civil
Aviation, signed in Chicago on 7 December 1944, in particular
by verifying the validity of documents carried in aircraft
and the licenses of pilots,

b) To prohibit immediately in their respective territories
operation of any aircraft inconsistent with the conditions in
that Convention or the standards established by the
International Civil Aviation Organisation, in particular with
respect to the use of falsified or out-of-date documents, to
notify the Committee of the measures they take in this
regard,

c) To ensure that all civilian and military airports or
airfields on their respective territories will not be used
for a purpose inconsistent with the measures imposed by
paragraph 1 above;


7. Recalls that, pursuant to paragraph 7 of resolution 1596,
each government in the region, in particular those of States
bordering Ituri and the Kivus, as well as that of the
Democratic Republic of the Congo, must maintain a registry
for review by the Committee and the Group of Experts of all
information concerning flights originating in their
respective territories en route to destinations in the
Democratic Republic of the Congo, as well as flights
originating in the Democratic Republic of the Congo en route
to destinations in their respective territories;


8. Decides that, for a further period ending on the date
referred to in paragraph 1 above, the government of the
Democratic Republic of the Congo on the one hand, and those
of States bordering Ituri and the Kivus on the other hand,
shall take the necessary measures:

a) To strengthen, as far as each of them is concerned,
customs controls on the borders between Ituri or the Kivus
and the neighbouring States,

b) To ensure that all means of transport on their respective
territories will not be used in violation of the measures
taken by Member States in accordance with paragraph 1 above,
and notify the Committee of such actions,

C


9. Decides that, during the period of enforcement of the
measures referred to in paragraph 1 above, all States shall
take the necessary measures to prevent the entry into or
transit through their territories of all persons designated
by the Committee pursuant to paragraph 13 below, provided
that nothing in this paragraph shall obligate a State to
refuse entry into its territory to its own nationals;


10. Decides that the measures imposed by paragraph 8 above
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;


11. Decides that all States shall, during the period of
enforcement of the measures referred to in paragraph 1 above,
immediately freeze the funds, other financial assets and
economic resources which are on their territories from the
date of adoption of this resolution, which are owned or
controlled, directly or indirectly, by persons or entities


designated by the Committee pursuant to paragraph 13 below,
or that are held by entities owned or controlled, directly or
indirectly, by them or by any persons or entities acting on
their behalf or at their direction, as designated by the
Committee, and decides further that all States shall ensure
that no funds, financial assets or economic resources are
made available by their nationals or by any persons within
their territories, to or for the benefit of such persons or
entities;


12. Decides that the provisions of paragraph 10 above do not
apply to funds, other financial assets and economic resources
that:
a) have been determined by relevant States to be necessary
for basic expenses, including payment for foodstuffs, rent or
mortgage, medicines and medical treatment, taxes, insurance
premiums, and public utility charges, or for payment of
reasonable professional fees and reimbursement of incurred
expenses associated with the provision of legal services, or
fees or service charges, in accordance with national laws,
for routine holding or maintenance of frozen funds, other
financial assets and economic resources, after notification
by the relevant States to the Committee of the intention to
authorize, where appropriate, access to such funds, other
financial assets and economic resources and in the absence of
a negative decision by the Committee within four working days
of such notification,

b) have been determined by relevant States to be necessary
for extraordinary expenses, provided that such determination
has been notified by the relevant States to the Committee and
has been approved by the Committee, or c) have been
determined by relevant States to be the subject of a
judicial, administrative or arbitration lien or judgement, in
which case the funds, other financial assets and economic
resources may be used to satisfy that lien or judgement
provided that the lien or judgement was entered prior to the
date of the present resolution, is not for the benefit of a
person or entity designated by the Committee pursuant to
paragraph 13 below, and has been notified by the relevant
States to the Committee;


13. Decides that the provisions of paragraphs 89 and 11 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,

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 conflicts in violation of applicable international law,

e) Individuals operating in the Democratic Republic of the
Congo and committing serious violations of international law
involving the targeting of children or women in situations of
armed conflict, including killing and maiming, sexual
violence, abduction and forced displacement


14. Decides, for a further period ending on the date referred
to in paragraph 1 above, that the measures in paragraphs 9
and 11 above shall continue to apply to individuals and
entities already designated pursuant to paragraphs 13 and 15
of resolution 1596, paragraph 2 of resolution 1649, and
paragraph 13 of resolution 1698, unless the Committee decides
otherwise; D


15. Decides that the Committee shall, from the adoption of
this resolution, have the following mandate:

a) To seek from all States, and particularly those in the
region, information regarding the actions taken by them to
implement effectively the measures imposed by paragraphs 1,
6, 8, 9 and 11 above and to comply with paragraphs 18 and 24
of resolution 1493, and thereafter to request from them
whatever further information it may consider useful,
including by providing States with an opportunity, at the
Committee's request, to send representatives to meet with the
Committee for more in depth discussion of relevant issues;



b) To examine, and to take appropriate action on, information
concerning alleged violations of the measures imposed by
paragraph 1 above and information on alleged arms flows
highlighted in the reports of the Panel of Experts on the
Illegal Exploitation of Natural Resources and Other Forms of
Wealth in the Democratic Republic of the Congo, identifying
where possible individual and entities reported to be engaged
in such violations, as well as aircraft or other vehicles
used;

c) To present regular reports to the Council on its work,
with its observations and recommendations, in particular on
the ways to strengthen the effectiveness of the measures
imposed by paragraph 1 above;

d) To receive notifications in advance from States made under
paragraph 5 above, to inform MONUC and the Government of the
Democratic Republic of the Congo of every notification
received, and to consult with the Government of the
Democratic Republic of the Congo and/or the notifying State,
if appropriate, to verify that such shipments are in
conformity with the measures set forth in paragraph 1 above,
and to decide, if need be, upon any action to be taken;

e) To designate, pursuant to paragraph 13 above, persons and
entities as subject to the measures set forth in paragraphs 9
and 11 above, including aircraft and airlines in light of
paragraphs 5 and 7 above, and regularly to update its list,

f) to call upon all States concerned, and particularly those
in the region, to provide the Committee with information
regarding the actions taken by them to investigate and
prosecute as appropriate individuals and entities designated
by the Committee pursuant to subparagraph (e) above,

g) to consider and decide on requests for the exemptions set
out in paragraphs 10 and 12 above,

h) to promulgate guidelines as may be necessary to facilitate
the implementation of paragraphs 1, 6, 8, 9 and 11 above;


16. Calls upon all States, in particular those in the region,
to support the implementation of the arms embargo and to
cooperate fully with the Committee in carrying out its
mandate;

E


17. Requests the Secretary General to extend, for a period
expiring on 31 December 2008, the Group of Experts
established pursuant to resolution 1771;


18. Requests the Group of Experts to fulfill the following
mandate:

a) To examine and analyse information gathered by MONUC in
the context of its monitoring mandate and share with MONUC,
as appropriate, information that might be of use in the
fulfillment of the Mission's monitoring mandate,

b) To gather and analyse all relevant information in the
Democratic Republic of the Congo, countries of the region
and, as necessary, in other countries, in cooperation with
the governments of those countries, on flows of arms and
related materiel, as well as networks operating in violation
of the measures imposed by paragraph 1 above,

c) To consider and recommend, where appropriate, ways of
improving the capabilities of States interested, in
particular those of the region, to ensure the measures
imposed by paragraph 1 above are effectively implemented,

d) To update the Committee on its work as appropriate and
report to the Council in writing, through the Committee, by
15 August 2008 and again before 15 November 2008, on the
implementation of the measures set forth in paragraphs 1, 6,
8, 9 and 11 above, with recommendations in this regard,
including information on the sources of financing, such as
from natural resources, which are funding the illicit trade
of arms,

e) To keep the Committee frequently updated on its activities,

f) To provide the Committee in its reports with a list, with
supporting evidence, of those found to have violated the
measures imposed by paragraph 1 above, and those found to
have supported them in such activities for possible future
measures by the Council,



g) Within its capabilities and without prejudice to the
execution of the other tasks in its mandate, to assist the
Committee in the designation of the individuals referred to
in subparagraphs (b) to (e) of paragraph 13 above, by making
known without delay to the Committee any useful information;


19. Requests MONUC within its existing capabilities and
without prejudice to the performance of its current mandate,
and the Group of Experts to continue to focus their
monitoring activities in North and South Kivu and in Ituri;


20. Requests the Government of the Democratic Republic of the
Congo, other Governments in the region as appropriate, MONUC
and the Group of Experts to cooperate intensively, including
by exchanging information regarding the arms shipment with a
view to facilitating the effective implementation of the arms
embargo on non-governmental entities and individuals,
regarding the illegal trafficking in natural resources and
regarding activities of individuals and entities designated
by the Committee pursuant to paragraph 13 above;


21. Reiterates its demand, expressed in paragraph 19 of
resolution 1596, 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,
- unhindered and immediate access, in particular to persons,
documents and sites the Group of Experts deems relevant to
the execution of its mandate;

F


22. Decides that, when appropriate and no later than 31
December 2008, it shall review the measures set forth in this
resolution, with a view to adjusting them, as appropriate, in
the light of consolidation 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;


23. Decides to remain actively seized of the matter.

End resolution text.
KHALILZAD