Thursday, July 7, 2011

Mandate Extension and Elections in the DR Congo - S/RES/1991 (2011)


S/RES/1991 addresses questions related to the electoral process in the Democratic Republic of the Congo, while working through some of the peacekeeping and peacebuilding efforts that the UN mission, MONUSCO. The fundamental concern expressed throughout the resolution is indeed with the safety of the electoral process and the possible human rights violations that have taken place in the region. It recognizes the challenges that lay ahead of the mission, otherwise there would be no point in extending the mandate, while congratulating of previous efforts. This is a very common occurrence among UNSC resolutions, but the generality of the sentence does apply to S/RES/1991, as it really discuss the security improvement and as well as the concerns.



Preamble

The resolutions initiates by recalling its previous resolutions and Presidential statements concerning the Democratic Republic of the Congo and reaffirming its commitment to the sovereignty, territorial integrity and political independence of the country. It stresses that the primary responsibility of the government is to ensure security and protect its civilians. While acknowledging that the overall peace and security situation in the country has improved in recent years, it stresses that significant challenges still remain, including serious abuses and violations of human rights. It further commends the enhanced regional cooperation in the region, while stressing that successful and transparent elections are a key condition for the consolidation of the gains in terms of democracy building.

The preamble also recognizes the importance of supporting peacebuilding efforts and the relevance of economic development to assure long-term stability of the region. It further remains greatly concerned by the humanitarian situation and high levels of violence and human rights abuses, stressing the violence against women. It also condemns all attacks against their peacekeepers and humanitarian personnel; while recognizing the significant sacrifices made by the mission. Nonetheless, this sacrifices will continue to be required as they express the importance of the continued support of the UN in the region. It also calls on the relevant international and sub-regional actors to support, assist and engage in stabilization efforts, such as the restoration of basic services.

The preamble takes note of the report of the Secretary-General from May 2011 and its recommendations; while determining that the situation in the Democratic Republic of the Congo continues to pose a threat to international peace and security in the region. It rounds up by taking its legal prerogatives from the Chapter VII of the Charter of the United Nations, regulating the usage of force inside the scope of the organization.

Operative Clauses

The resolution extends the mandate of the mission in Congo until June 30, 2012, assessing the importance of the protection of civilians as the priority that is to be adopted. It furthers reiterates that the Government of the DRC has the primary responsibility for security in the country, while being fully committed to protecting the civilian population.  The clauses welcomes the enhanced dialogue with the government and reiterates that the phase of stabilization and peace consolidation requires a strategic partnership with the UN, while welcoming the constructive approach of the authorities. There is also the reiteration that the evolution of the situation has to take into consideration the completion of the ongoing military operations; improve the capacity of the authorities to protect the population; and to consolidate State authority.

There is the recognition that the primary responsibility of the government and its national partners is to create the conditions for the forthcoming elections and for it to respect the results of the polls. As elections goes, it also calls on to swiftly adopt and implement codes of conduct for the elections and observer, and decides that the mission shall support the organization and conduct of the elections in all levels. The resolution also calls upon the mission to collect information and identify threats against the civilian population and take appropriate action in accordance the UN system wide protection strategy. There is also a call upon the international community to remain engaged in supporting the elections in the country.

The resolution also requests the mission to keep a reserve force capable of redeploying rapidly consistently with the possible strengthening of the force for the elections. It also reiterates the government’s responsibility for the professionalization of its security sector and to develop and implement a comprehensive national security sector development. There is also the encouragement for the government to address the cohesion of the national Army and in this regard demands that all armed groups cease all forms of violence and human rights abuses against the civilian population. For that it takes note of the initiatives by the UN and the African Union to facilitate regional action close to the work of the mission in the ground as well as the acknowledgement of the results of action to counter the threat of foreign and national armed groups, mainly related to disarmament, demobilization efforts.

The resolution further encourages the local government to continue to build on its cooperation with the representatives of the UN that are deployed on the ground. It welcomes the initial steps taken by the mining authorities in the country in dealing the issues of tracking and tracing the minerals in the ground. It also encourages the Congolese Government to approve the multi-year joint United Nations justice support program to implement it, while encouraging the authorities to promote lasting reconciliation in the country. It also commends the Congolese Government on the apprehension and transfer of an individual to the International Criminal Tribunal for Rwanda.

The resolution also calls for the mission to continue working with the country team and the Congolese authorities to implement the Peace Consolidation Program and demands that all parties cooperate fully with the operations of the mission. It further commends the contribution of troops, police personnel and donation made to the MONUSCO. It also requests from the Secretary-General a report to be delivered in October 2011, another in January 2012 and still another one by May 2012, before deciding to remain seized of the matter.

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