Αποφάσεις - Ανακοινώσεις — ΦΕΚ A' 33/2015
ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ
ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ
ΤΕΥΧΟΣ ΠΡΩΤΟ Αρ. Φύλλου 33 23 Μαρτίου 2015 ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.3400.15/ΑΣ 10686 Σχετικά με απόφαση 2198 (2015) του Συμβουλίου Ασφαλείας Ο.Η.Ε. περί Λαϊκής Δημοκρατίας του Κονγκό. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Τη διάταξη του άρθρου 1 του Α.Ν. 92 της 3/10.8.1967 «Περί εφαρμογής αποφάσεων του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών και περί εγκρίσεως και εφαρμογής συστάσεων του Συμβουλίου Ασφαλείας και της Γενικής Συνελεύσεως». Προβαίνουμε στη δημοσίευση της απόφασης 2198 (2015) του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών η οποία είναι, δυνάμει του άρθρου 25 του Χάρτη των Ηνωμένων Εθνών που κυρώθηκε με τον Α.Ν. 585/1945, υποχρεωτική για τα κράτη μέλη του Οργανισμού και παραγγέλλουμε την αυστηρή τήρηση και συμμόρφωση προς τις διατάξεις της απόφασης αυτής. Κατωτέρω παρατίθεται το κείμενο της απόφασης στην αγγλική γλώσσα και σε ελληνική μετάφραση. 253 Resolution 2198 (2015) Adopted by the Security Council at its 7371st meting, on 29 January 2015 The Security Council, Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC), Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the DRC as well as all States in the region and emphasizing the need to respect fully the principles of non-interference, good neighbourliness and regional cooperation, Stressing the primary responsibility of the Government of the DRC for ensuring security in its territory Taking note of the interim report (S/2014/428) and the final report (S/2015/19) of the Group of Experts on the DRC (“the Group of Experts”) established pursuant to resolution 1771 (2007) and extended pursuant to resolutions 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021 (2011), 2078 (2012) and 2136 (2014) and of their recommendations, Recalling the strategic importance of the implementation of the Peace, Security and Cooperation (PSC) Framework for the DRC and the region, and reiterating its call to all signatories to fulfil promptly, fully and in good faith their respective commitments under this agreement in order to address the root causes of conflict and put an end to recurring cycles of violence, Reiterating its deep concern regarding the security and humanitarian crisis in eastern DRC due to ongoing military activities of foreign and domestic armed groups and the smuggling of Congolese natural resources, stressing the importance of neutralizing all armed groups, including the Democratic Forces for the Liberation of Rwanda (FDLR), the Allied Democratic Forces (ADF), the Lord’s Resistance Army (LRA), the National Liberation Forces (FNL), and all other armed groups in the DRC, in line with resolution 2147 (2014), Recalling its Presidential statement of 8 January 2015 (S/PRST/2015/1) and reiterating that the swift neutralization of the FDLR is a top priority in bringing stability to and protecting civilians of the DRC and the Great Lakes region, noting with deep concern repeated reports of collaboration between elements of the Congolese Armed Forces (FARDC) and the FDLR at a local level, recalling that the FDLR is a group under UN sanctions whose leaders and members include perpetrators of the 1994 genocide against the Tutsi in Rwanda, during which Hutu and others who opposed the genocide were also killed, and have continued to promote and commit ethnically based and other killings in Rwanda and in the DRC, Noting with great concern that the 2 January 2015 deadline set by the International Conference on the Great Lakes Region (ICGLR) and the Southern African Development Community (SADC) has passed, and that the FDLR has not only failed to unconditionally and fully surrender and demobilize, but has also continued to recruit new fighters in their ranks, Condemning the brutal killings of hundreds of civilians in the Beni area in recent months, expressing deep concern regarding the persistence of violence in this region, and stressing the need for a thorough and prompt investigation into these attacks in order to ensure that those law, including international humanitarian law and international human rights law, as applicable, and with the support of the United Nations Organization Stabilization Mission in the DRC (MONUSCO), in accordance with its mandate under resolution 2147 (2014), to end the threat posed by the ADF and all other armed groups operating in the region, Reaffirming the importance of completing the permanent demobilization of the former 23 March Movement (M23) combatants, stressing the importance of ensuring that its ex-combatants do not regroup or join other armed groups, and calling for the acceleration of implementation of the Nairobi Declarations and of the Disarmament, Demobilisation, Repatriation, Reintegration and Resettlement (DDRRR) of M23 ex-combatants, including overcoming obstacles to repatriation, in coordination with the regional States concerned, Reiterating its strong condemnation of any and all internal or external support to armed groups active in the region, including through financial, logistical and military support, Condemning the illicit flow of weapons within and into the DRC, including their recirculation to and between armed groups, in violation of resolutions 1533 (2004), 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021 (2011), 2078 (2012) and 2136 (2014), and declaring its determination to continue to monitor closely the implementation of the arms embargo and other measures set out by its resolutions concerning the DRC, 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, Underlining that the transparent and effective management of its natural resources is critical for the DRC’s sustainable peace and security, stressing its full respect for the sovereignty of the Government of the DRC over its natural resources and its responsibility to effectively manage these resources in this regard, Recalling the linkage between the illegal exploitation of natural resources, including poaching and illegal trafficking of wildlife, 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, and encouraging the continuation of the regional efforts of the ICGLR and the governments involved against the illegal exploitation of natural resources, and special consideration for the exploitation of natural resources, Noting with concern reports indicating the involvement of elements of the FARDC, as well as armed groups, in the illegal minerals trade, the illegal production and trade of charcoal and wood, and wildlife poaching and trafficking, Noting with great concern the persistence of serious human rights abuses and international humanitarian law violations against civilians in the eastern part of the DRC, including summary executions, sexual and gender based violence and large scale recruitment and use of children committed by armed groups, Noting with deep concern reports and allegations indicating the persistence of serious human rights and international humanitarian law violations committed by some members of the FARDC and Congolese National Police (PNC), and recalling the importance of fighting against impunity within all ranks of the FARDC and PNC, commending the DRC authorities for recent prosecutions and condemnations of two high-ranking FARDC officers for crimes against humanity and war crimes, and stressing the need for the Government of the DRC to continue to ensure the professionalism of its security forces, Calling for all those responsible for violations of international humanitarian law and violations or abuses of human rights including those involving violence or abuses against children and acts of sexual and gender-based violence, to be swiftly apprehended, brought to justice and held accountable, 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, also recalling the conclusions of the Security Council Working Group on Children and Armed Conflict pertaining to the parties in armed conflict of the DRC (S/AC.51/2014/3) adopted on 18 September 2014, Calling on all parties to cooperate fully with MONUSCO and to remain committed to the full and objective implementation of the Mission’s mandate, reiterating its condemnation of any attacks against peacekeepers, and emphasizing that those responsible for such attacks must be brought to justice, Noting the critical importance of effective implementation of the sanctions regime, including the key role that neighbouring States, as well as regional and subregional organizations, can play in this regard and encouraging efforts to further enhance cooperation, arms, ammunition and training as set out in section 11 of the Guidelines of the Committee, Determining that the situation in the DRC continues to constitute a threat to international peace and security in the region, Acting under Chapter VII of the Charter of the United Nations, Sanctions regime
Decides to renew until 1 July 2016 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 and further decides that the measures on arms imposed by paragraph 1 and 5 of resolution 1807 (2008) shall not apply to the supply of arms and related materiel, as well as assistance, advice or training, intended solely for the support of or use by MONUSCO or the African Union-Regional Task Force;
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;
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 resolution 1807 (2008) in relation to those measures;
Decides that the measures imposed by paragraph 9 of resolution 1807 (2008) shall not apply as per the criteria set out in paragraph 10 of resolution 2078;
Decides that the measures referred to in paragraph 3 above shall apply to individuals and entities as designated by the Committee for engaging in or providing support for acts that undermine the peace, stability or security of the DRC, and decides that such acts include: (a) acting in violation of the measures taken by Member States in accordance with paragraph 1 above; (b) being political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups; (c) being political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes; (e) being involved in planning, directing, or participating in the targeting of children or women in situations of armed conflict, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals; (f) obstructing the access to or the distribution of humanitarian assistance in the DRC; (g) supporting individuals or entities, including armed groups, involved in destabilizing activities in the DRC through illicit trade of natural resources, including gold or wildlife as well as wildlife products; (h) acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity; (i) planning, directing, sponsoring or participating in attacks against MONUSCO peacekeepers or UN personnel; (j) providing financial, material, or technological support for, or goods or services to, a designated individual or entity; Group of Experts
Decides to extend until 1 August 2016 the mandate of the Group of Experts established pursuant to resolution 1533 (2004) and renewed by subsequent resolutions, expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 1 July 2016, and requests the SecretaryGeneral to take the necessary administrative measures as expeditiously as possible to re-establish the Group of Experts, in consultation with the Committee, for a period of 18 months from the date of this resolution, drawing, as appropriate, on the expertise of the members of the Group established pursuant to previous resolutions;
Requests the Group of Experts to fulfil its mandate as consolidated below, with a focus on areas affected by the presence of illegal armed groups, and to provide to the Council, after discussion with the Committee, a mid-term report no later than 30 October 2015, and a final report no later than 15 June 2016, as well as submit progress updates to the Committee, especially in situations of urgency, or as the Group deems necessary: (a) assist the Committee in carrying out its mandate, including through providing the Committee with information relevant to the potential designation of (b) gather, examine and analyze information regarding the implementation, with a focus on incidents of non-compliance, of the measures decided in this resolution; (c) consider and recommend, where appropriate, ways of improving the capabilities of Member States, in particular those in the region, to ensure the measures imposed by this resolution are effectively implemented; (d) gather, examine and analyze information regarding the regional and international support networks to armed groups and criminal networks in the DRC; (e) gather, examine and analyze information regarding the supply, sale or transfer of arms, related materiel and related military assistance, including through illicit trafficking networks and the transfer of arms and related materiel to armed groups from the DRC security forces; (f) gather, examine and analyze information regarding perpetrators of serious violations of international humanitarian law and human rights violations and abuses, including those within the security forces, in the DRC; (g) evaluate the impact of minerals traceability referred to in paragraph 22 below and continue collaboration with other forums; (h) assist the Committee in refining and updating information on the list of individuals and entities subject to the measures imposed by this resolution, including through the provision of identifying information and additional information for the publicly-available narrative summary of reasons for listing;
Expresses its full support to the UN Group of Experts of the 1533 Committee and calls for enhanced cooperation between all States, particularly those in the region, MONUSCO, relevant UN bodies and the Group of Experts, encourages further 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 reiterates its demand that all parties and all States ensure the safety of its members and its support staff, and that all parties and all States, including the DRC and countries of the region, provide unhindered and immediate access, in particular to persons, documents and sites the Group of Experts deems relevant to the execution of its mandate;
Calls upon the Group of Experts to cooperate actively with other Panels or Groups of Experts established by the Security Council, as relevant to the implementation of its mandate; 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 will be held accountable;
Demands that the FDLR, the ADF, the LRA and all other armed groups operating in the DRC 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;
Calls upon all States, especially those in the region, to take effective steps to ensure that there is no support, in and from their territories, for armed groups in the DRC, stressing the need to address the networks of support, financing and recruitment of armed groups active in the DRC, as well as the need to address the ongoing collaboration between FARDC elements and armed groups at a local level, and calls upon all States to take steps to hold accountable, where appropriate, leaders and members of the FDLR and other armed groups residing in their countries;
Demands that the Government of the DRC, per its commitments in the Nairobi Declarations of 12 December 2013, accelerate the implementation of its Disarmament, Demobilisation and Reintegration programme, in coordination with neighbouring countries where former M23 combatants have found refuge and the United Nations and international organizations, and stresses the importance of overcoming obstacles to the repatriation of these ex-combatants, ensuring that the DDRRR programme is fully funded and implemented, particularly those programmes necessary to support the successful demobilisation and reintegration of former M23 combatants, that the M23 does not regroup and resume military activities, and that its members do not join or support other armed groups, in line with the Nairobi declarations and relevant UN Security Council resolutions; Commitments of the Government of the DRC
⋯
Η ανάγνωση του παρόντος εγγράφου δεν αντικαθιστά την ανάγνωση του αντίστοιχου τεύχους της Εφημερίδας της Κυβερνήσεως. Δεν αναλαμβάνουμε ευθύνη για τυχόν ανακρίβειες που οφείλονται στη μετατροπή του πρωτοτύπου σε αυτή τη μορφή.