Αποφάσεις - Ανακοινώσεις — ΦΕΚ A' 254/2003

Expresses satisfaction at the promulgation, on 4 April 2003, of the Transitional Constitution in the Democratic Re?public of the Congo and at the formation, announced on 30 June 2003, of the Government of National unity and Tran?sition, encourages the Congolese parties to take the nec?essary decisions in order to allow the transitional in?stitutions to begin functioning effectively, and encourages them also in this regard to include representatives of the in?terim institutions that emerged from the Ituri Pacification Commission in the transitional institutions;

Decides to extend the mandate of MONUC until 30 Ju?ly 2004;

Notes with appreciation the recommendations in the second special report of the Secretary-General and au?thorizes increasing the military strength of MONUC to 10,800 personnel; 4469 support of the Transition, the coordination of all the activi?ties of the United Nations system in the Democratic Re?public of the Congo, and to facilitate coordination with oth?er national and international actors of activities in support of the transition;

Encourages MONUC, in coordination with other United Nations agencies, donors and non-governmental organizations, to provide assistance, during the transition period, for the reform of the security forces, the re-estab?lishment of a State based on the rule of law and the prepa?ration and holding of elections, throughout the territory of the Democratic Republic of the Congo, and welcomes, in this regard, the efforts of the Member States to support the transition and national reconciliation;

Approves the temporary deployment of MONUC per?sonnel intended, during the first months of the establish?ment of the transitional institutions, to participate in a multi?layer security system in Kinshasa in accordance with para?graphs 35 to 38 of the second special report of the Secretary-General, approves also the reconfiguration of the MONUC civilian police component as outlined in para?graph 42 of that report, and encourages MONUC to con?tinue to support police development in areas of urgent need;

Encourages donors to support the establishment of an integrated Congolese police unit and approves the provi?sion by MONUC of the additional assistance that might be needed for its training;

Strongly condemns the acts of violence systematical?ly perpetrated against civilians, including the massacres, as well as other atrocities and violations of international hu?manitarian law and human rights, in particular, sexual vio?lence against women and girls, stresses the need to bring to justice those responsible, including those at the com?mand level, and urges all parties, including the Govern?ment of the Democratic Republic of the Congo, to take all necessary steps to prevent further violations of human rights and international humanitarian law, in particular those committed against civilians;

Reaffirms the importance of a gender perspective in peacekeeping operations in accordance with resolution 1325 (2000), recalls the need to address violence against women and girls as a tool of warfare, and in this respect en?courages MONUC to continue to actively address this is?sue; and calls on MONUC to increase the deployment of women as military observers as well as in other capacities;

Reaffirms that all Congolese parties have an obli?gation to respect human rights, international humanitarian law and the security and well-being of the civilian pop?ulation;

Urges the Government of National unity and Transi?tion to ensure that the protection of human rights and the establishment of a State based on the rule of law and of an independent judiciary are among its highest priorities, in?cluding the establishment of the necessary institutions as reflected in the Global and Allinclusive agreement, en?courages the Secretary-General, through his Special Rep?resentative, and the United Nations High Commissioner for Human Rights to coordinate their efforts in particular to assist the transitional authorities of the Democratic Repub?lic of the Congo in order to put an end to impunity, and en?courages also the African Union to play a role in this regard;

States that it is profoundly preoccupied by the hu?manitarian situation throughout the country and, in partic?ular, in the eastern regions, and demands that all the par?ties guarantee the security of the civilian population there?by enabling MONUC and humanitarian organizations to have total, unrestricted and immediate access to the pop?ulation groups in need;

Strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri, and reiterates the request addressed to all the parties, in Security Council resolution 1460 (2003) to provide the Special Representative of the Secretary-General with in?formation on the measures that they have taken to put an end to the recruitment and use of children in their armed components, as well as the requests concerning the pro?tection of children set forth in resolution 1261 (1999) and subsequent resolutions;

Strongly condemns the continuing armed conflict in the eastern part of the Democratic Republic of the Congo especially the serious ceasefire violations that occurred re?cently in North and South Kivu, including in particular the offensives by the Congolese Rally for Democracy (RCD?Goma), demands that all the parties, in compliance with the Bujumbura «Acte d'Engagement" of 19 June 2003, es?tablish without delay or precondition the full cessation of hostilities and withdraw to the positions agreed to in the Kampala/Harare disengagement plans, and that they re?frain from any provocative action;

Demands that all the parties desist from any interfer?ence with freedom of movement of United Nations person?nel, recalls that all the parties have the obligation to provide full and unhindered access to MONUC to allow it to carry out its mandate, and asks the Special Representative of the Secretary-General to report any failure to comply with this obligation;

Expresses concern at the fact that the continuing hostilities in the eastern part of the Democratic Republic of the Congo are seriously compromising MONUC action in the process of the disarmament, demobilization, repatri?ation, reintegration or resettlement (DDRRR) of the foreign armed groups referred to in chapter 9.1 of the Lusaka Ceasefire Agreement (S/1999/815), urges all the parties concerned to cooperate with MONUC and underscores the importance of making rapid and appreciable progress in that process;

Authorizes MONUC to assist the Government of National Unity and Transition in disarming and demobi?lizing those Congolese combatants who may voluntarily decide to enter the disarmament, demobilization and rein?tegration (DDR) process within the framework of the Multi?Country Demobilization and Reintegration Programme, pending the establishment of a national DDR programme in coordination with the United Nations Development Pro?gramme and other agencies concerned;

Demands that all States and in particular those in the region, including the Democratic Republic of the Congo, ensure that no direct or indirect assistance, especially mil?itary or financial assistance, is given to the movements and armed groups present in the Democratic Republic of the Congo; 4470 ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) the Security Council regularly on the position of the move?ments and armed groups and on information concerning arms supply and the presence of foreign military, especial?ly by monitoring the use of landing strips in that region;

Decides that all States, including the Democratic Re?public of the Congo, shall, for an initial period of 12 months from the adoption of this resolution, 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, to all foreign and Con?golese armed groups and militias operating in the territory of North and South Kivu and of Ituri, and to groups not party to the Global and All-inclusive agreement, in the Demo?cratic Republic of the Congo;

Decides that the measures imposed by paragraph 20 above shall not apply to: supplies to MONUC, the Interim Emergency Multi?national Force deployed in Bunia and the integrated Con?golese national army and police forces; supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related tech?nical assistance and training as notified in advance to the Secretary-General through its Special Representative;

Decides that, at the end of the initial 12 months, the Security Council will review the situation in the Democratic Republic of the Congo and in particular in the eastern part of the country, with a view to renewing the measures stip?ulated in paragraph 20 above if no significant progress has been made in the peace process, in particular an end to support for armed groups, an effective ceasefire and progress in the DDRRR by foreign and Congolese armed groups;

Expresses its determination closely to monitor com?pliance with the measures laid down in paragraph 20 and to consider necessary steps to ensure the effective mon?itoring and implementation of these measures, including the possible establishment of a monitoring mechanism;

Urges the States neighbouring the Democratic Re?public of the Congo, particularly Rwanda and Uganda, which have an influence over movements and armed groups operating in the territory of the Democratic Repub?lic of the Congo, to exercise a positive influence on them to settle their disputes by peaceful means and join in the pro?cess of national reconciliation;

Authorizes MONUC to take the necessary measures in the areas of deployment of its armed units, and as it deems it within its capabilities: to protect United Nations personnel, facilities, instal?lations and equipment; to ensure the security and freedom of movement of its personnel, including in particular those engaged in mis?sions of observation, verification or DDRRR; to protect civilians and humanitarian workers under imminent threat of physical violence; and to contribute to the improvement of the security conditions in which humanitarian assistance is provided;

Authorizes MONUC to use all necessary means to ful?fil its mandate in the Ituri district and, as it deems it within its capabilities, in North and South Kivu;

Requests the Secretary-General to deploy in the Ituri district, as soon as possible, the tactical brigade-size force whose concept of operation is set out in paragraphs 48 to 54 of his second special report, including the reinforced MONUC presence in Bunia by mid-August 2003 as re?quested in resolution 1484 (2003), particularly with a view to helping to stabilize the security conditions and im?proving the humanitarian situation, ensuring the protection of airfields and displaced persons living in camps and, if the circumstances warrant it, helping to ensure the security of the civilian population and the personnel of the United Nations and the humanitarian organizations in Bunia and its environs and eventually, as the situation permits, in oth?er parts of Ituri;

Condemns categorically the illegal exploitation of the natural resources and other sources of wealth of the Democratic Republic of the Congo and expresses its in?tention to consider means that could be used to end it, awaits with interest the report to be submitted shortly by the group of experts on such illegal exploitation and on the link that exists between it and the continuation of hostilities, and demands that all parties and interested States offer full cooperation to the group of experts;

Encourages the Governments of the Democratic Re?public of the Congo, Rwanda, Uganda and Burundi to take steps to normalize their relations and cooperate in as?suring mutual security along their common borders, and invites these Governments to conclude good-neighbourly agreements among themselves;

Reaffirms that an international conference on peace, security, democracy and development in the Great Lakes region of Africa, with participation by all the Governments of the region and all the other parties concerned, should be organized at the appropriate time under the aegis of the United Nations and the African Union with a view to strengthening stability in the region and working out con?ditions that will enable everyone to enjoy the right to live peacefully within national borders;

Reiterates its support unreservedly for the Special Representative of the Secretary - General and for all MONUC personnel, and for the efforts they continue to make to assist the parties in the Democratic Republic of the Congo and in the region to advance the peace process;