USUN VOTING INSTRUCTION: UNSC DRC SANCTIONS AND

UNCLAS STATE 121855

SIPDIS

E.O. 12958: N/A
TAGS: EFIN ETTC KTFN PREL PTER ZF UNSC
SUBJECT: USUN VOTING INSTRUCTION: UNSC DRC SANCTIONS AND
GROUP OF EXPERTS RENEWAL


1. This is an action request. USUN may vote in favor of the
adoption of the resolution (text in para 2) to renew the UN
Security Council sanctions regime on the Democratic Republic
of the Congo (DRC) and the mandate of the Group of Experts
for one year. The UNSC DRC sanctions regime includes an arms
embargo and an asset freeze and travel ban for individuals
and entities designated by the Security Council Committee
established pursuant to resolution 1533 (2004) concerning the
Democratic Republic of the Congo ("the DRC Sanctions
Committee" - www.un.org/sc/committees/1533/index.shtml).

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TEXT OF RESOLUTION
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2. 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/XXX) 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
resolution 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 Democratic
Forces for the Liberation of 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 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,

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 relevant resolutions on
women, peace and security, on children and armed conflict and
on the protection of civilians in armed conflicts,

Stressing the primary responsibility of 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 Democratic Republic of the Congo
to implement its "zero-tolerance policy" against criminal
acts and misconduct in the armed forces,

Encouraging 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 resolutions 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 15233 (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;


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 it among Member States;


5. Calls upon all States, particularly those in the region
and those in which individuals and entities designated
pursuant to paragraphs 2 and 3 of this resolution are based,
to implement fully the measures specified in this resolution,
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 fora, recommendations to the
Committee for guidelines for the exercise of due diligence by
the importers, processing industries and consumers of mineral
products regarding their 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 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 promote stockpile security, accountability and
management of arms and ammunition as an urgent priority, and
to implement a national weapons marking program 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 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 to its mandate under paragraph 7
of this resolution to develop recommendations for the
Committee 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 through the
exploitation and trafficking of natural resources;


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 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 delisting individuals
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.

END RESOLUTION TEXT


3. Department appreciates Mission's efforts.
CLINTON