United Nations Security Council Resolution 1493
Encyclopedia
United Nations
Security Council Resolution
1493, adopted unanimously on July 28, 2003, after recalling all resolutions on the situation in the Democratic Republic of the Congo
, the Council extended the mandate of the United Nations Mission in the Democratic Republic of Congo
(MONUC) until July 30, 2004 and raised its troop level from 8,700 to 10,800.
Under previous mandates, MONUC was only allowed to use force in self-defense
and the current resolution expanded this to include "all necessary means" to fulfil its mandate. The MONUC mission had difficulties implementing Resolution 1493 due to ambiguous references in the text, an issue later addressed by the Secretary-General who criticised the lack of specific tasks given to the operation under this resolution.
, territorial integrity
and independence of the Democratic Republic of the Congo and states in the African Great Lakes
region, while noting the obligation of states to refrain from the use of force against another. There was concern at the continuing illegal exploitation of the natural resource
s of the country and at the conflicts in Ituri, North and South Kivu. It welcomed the establishment of a transitional government and urged all parties to co-operate with MONUC.
The preameble of the resolution reiterated the Council's support of Operation Artemis
in Bunia
and the need to replace the force once its mandate
had expired, in accordance with Resolution 1484
(2003).
, the Council was satisfied at the establishment of a transitional government and called for further steps by Congolese parties to allow it to function. The Secretary-General Kofi Annan
was requested to assist in this process and the MONUC's troop level was raised to 10,800 personnel. Furthermore, during the transition period, MONUC was instructed to assist in a reform of the security services; establish a state based on rule of law
; and preparations for the holding of elections
. In the first months of the new transitional government, MONUC could participate in maintaining security in the capital Kinshasa
.
The resolution strongly condemned acts of violence against civilians, including massacres, violations of human rights
and international humanitarian law
, and sexual violence
, calling for the perpetrators to be brought to justice. In accordance with Resolution 1325 (2000), there was a need for a gender perspective in peacekeeping
operations and to address violence against women and girls. It reaffirmed that all Congolese parties had an obligation to respect human rights and urged the transitional government to ensure their protection and establish an independent judiciary
as one of its highest priorities.
The Security Council stated its "profound preoccupation" with the humanitarian situation throughout the Democratic Republic of the Congo and condemned the use of child soldiers
in the fighting in the east of the country. In this regard, the Congolese parties were asked to provide information on measures to prevent the use and recruitment of child soldiers in accordance with resolution 1261
(1999) and 1460
(2003).
Meanwhile, it condemned hostilities in the east of the country, particularly ceasefire
violations and armed offensives by the Rally for Congolese Democracy-Goma (RCD-Goma). The resolution urged all Congolese parties to refrain from interfering in the freedom of movement
of United Nations personnel and that the armed conflict was preventing MONUC from carrying out its disarmament
, demobilisation
, repatriation, reintegration and resettlement (DDRRR) process of foreign armed groups. All states in the region, including the Democratic Republic of the Congo itself, were called upon to end support for and assistance to armed groups in the country.
Addressing the conflict in the Kivus and Ituri in the east of the country, the Council demanded unimpeded access to MONUC personnel to all areas, requested the Secretary-General to deploy military observers in North and South Kivu and Ituri, and imposed an arms embargo
against foreign and Congolese armed groups operating in the regions. The embargo would not apply to MONUC, Operation Artemis, integrated Congolese army and police forces, or non-lethal military equipment for humanitarian or protective use. The Council declared that the measures would be reviewed in twelve months and compliance would be closely monitored.
MONUC was tasked with protecting United Nations personnel and facilities; ensuring its freedom of movement; protecting civilians and humanitarian workers; contributing to an improvement in the security situation. The Council stated it could use all necessary means to fulfil its mandate. The illicit exploitation of natural resources in the Democratic Republic of the Congo was condemned and a report from an expert panel was anticipated regarding the matter. The governments of Burundi
, the Democratic Republic of the Congo, Rwanda
and Uganda
were urged to normalise their diplomatic relations, while an international conference on peace and security in the Great Lakes region was urged.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
1493, adopted unanimously on July 28, 2003, after recalling all resolutions on the situation in the Democratic Republic of the Congo
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
, the Council extended the mandate of the United Nations Mission in the Democratic Republic of Congo
United Nations Mission in the Democratic Republic of Congo
The United Nations Organization Stabilization Mission in the Democratic Republic of the Congo or MONUSCO , is a United Nations peacekeeping force in the Democratic Republic of the Congo which was established by the United Nations Security Council in resolutions 1279...
(MONUC) until July 30, 2004 and raised its troop level from 8,700 to 10,800.
Under previous mandates, MONUC was only allowed to use force in self-defense
Self-defense
Self-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
and the current resolution expanded this to include "all necessary means" to fulfil its mandate. The MONUC mission had difficulties implementing Resolution 1493 due to ambiguous references in the text, an issue later addressed by the Secretary-General who criticised the lack of specific tasks given to the operation under this resolution.
Observations
The Security Council reaffirmed its commitment to the sovereigntySovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
, territorial integrity
Territorial integrity
Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...
and independence of the Democratic Republic of the Congo and states in the African Great Lakes
African Great Lakes
The African Great Lakes are a series of lakes and the Rift Valley lakes in and around the geographic Great Rift Valley formed by the action of the tectonic East African Rift on the continent of Africa...
region, while noting the obligation of states to refrain from the use of force against another. There was concern at the continuing illegal exploitation of the natural resource
Natural resource
Natural resources occur naturally within environments that exist relatively undisturbed by mankind, in a natural form. A natural resource is often characterized by amounts of biodiversity and geodiversity existent in various ecosystems....
s of the country and at the conflicts in Ituri, North and South Kivu. It welcomed the establishment of a transitional government and urged all parties to co-operate with MONUC.
The preameble of the resolution reiterated the Council's support of Operation Artemis
Operation Artemis
Operation Artemis was a short-term European Union-led military mission to the Democratic Republic of the Congo.In the beginning of 2003 United Nations Mission in the Democratic Republic of Congo, or MONUC, observer teams present in that country since 1999 monitored serious combats and human rights...
in Bunia
Bunia
Bunia is a city in Democratic Republic of the Congo and is the headquarters of Ituri Interim Administration in the Ituri region of Orientale Province....
and the need to replace the force once its mandate
Mandate (international law)
In international law, a mandate is a binding obligation issued from an inter-governmental organization like the United Nations to a country which is bound to follow the instructions of the organization....
had expired, in accordance with Resolution 1484
United Nations Security Council Resolution 1484
United Nations Security Council Resolution 1484, adopted unanimously on May 30, 2003, after recalling previous resolutions on the situation in the Democratic Republic of the Congo, the Council authorised Operation Artemis in Bunia, the capital of Ituri Province, amid the deteriorating security...
(2003).
Acts
Acting under Chapter VII of the United Nations CharterChapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, the Council was satisfied at the establishment of a transitional government and called for further steps by Congolese parties to allow it to function. The Secretary-General Kofi Annan
Kofi Annan
Kofi Atta Annan is a Ghanaian diplomat who served as the seventh Secretary-General of the UN from 1 January 1997 to 31 December 2006...
was requested to assist in this process and the MONUC's troop level was raised to 10,800 personnel. Furthermore, during the transition period, MONUC was instructed to assist in a reform of the security services; establish a state based on rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
; and preparations for the holding of elections
Elections in the Democratic Republic of the Congo
Multi-party elections in the DR Congo were held in July 2006, the first multi-party elections in the country since 1960.The 1960 elections, held in the wake of independence, saw Patrice Lumumba become prime minister and Joseph Kasavubu president. In 1965 Mobutu Sese Seko seized power and declared...
. In the first months of the new transitional government, MONUC could participate in maintaining security in the capital Kinshasa
Kinshasa
Kinshasa is the capital and largest city of the Democratic Republic of the Congo. The city is located on the Congo River....
.
The resolution strongly condemned acts of violence against civilians, including massacres, violations of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and international humanitarian law
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
, and sexual violence
Sexual violence
Sexual violence occurs throughout the world, although in most countries there has been little research conducted on the problem. Due to the private nature of sexual violence, estimating the extent of the problem is difficult...
, calling for the perpetrators to be brought to justice. In accordance with Resolution 1325 (2000), there was a need for a gender perspective in peacekeeping
Peacekeeping
Peacekeeping is an activity that aims to create the conditions for lasting peace. It is distinguished from both peacebuilding and peacemaking....
operations and to address violence against women and girls. It reaffirmed that all Congolese parties had an obligation to respect human rights and urged the transitional government to ensure their protection and establish an independent judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
as one of its highest priorities.
The Security Council stated its "profound preoccupation" with the humanitarian situation throughout the Democratic Republic of the Congo and condemned the use of child soldiers
Military use of children
The military use of children takes three distinct forms: children can take direct part in hostilities , or they can be used in support roles such as porters, spies, messengers, look outs, and sexual slaves; or they can be used for political advantage either as human shields or in...
in the fighting in the east of the country. In this regard, the Congolese parties were asked to provide information on measures to prevent the use and recruitment of child soldiers in accordance with resolution 1261
United Nations Security Council Resolution 1261
United Nations Security Council Resolution 1261, adopted unanimously on August 25, 1999, in the first resolution to address the topic, the Council condemned the targeting of children in armed conflict including the recruitment and use of child soldiers....
(1999) and 1460
United Nations Security Council Resolution 1460
United Nations Security Council Resolution 1460, adopted unanimously on January 30, 2003, after recalling resolutions 1261 , 1265 , 1296 , 1306 , 1308 , 1314 , 1325 and 1379 , the Council called for the immediate end to the use of child soldiers and endorsed an "era of application" of...
(2003).
Meanwhile, it condemned hostilities in the east of the country, particularly ceasefire
Ceasefire
A ceasefire is a temporary stoppage of a war in which each side agrees with the other to suspend aggressive actions. Ceasefires may be declared as part of a formal treaty, but they have also been called as part of an informal understanding between opposing forces...
violations and armed offensives by the Rally for Congolese Democracy-Goma (RCD-Goma). The resolution urged all Congolese parties to refrain from interfering in the freedom of movement
Freedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
of United Nations personnel and that the armed conflict was preventing MONUC from carrying out its disarmament
Disarmament
Disarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such as nuclear arms...
, demobilisation
Demobilization
Demobilization is the process of standing down a nation's armed forces from combat-ready status. This may be as a result of victory in war, or because a crisis has been peacefully resolved and military force will not be necessary...
, repatriation, reintegration and resettlement (DDRRR) process of foreign armed groups. All states in the region, including the Democratic Republic of the Congo itself, were called upon to end support for and assistance to armed groups in the country.
Addressing the conflict in the Kivus and Ituri in the east of the country, the Council demanded unimpeded access to MONUC personnel to all areas, requested the Secretary-General to deploy military observers in North and South Kivu and Ituri, and imposed an arms embargo
Arms embargo
An arms embargo is an embargo that applies to weaponry. It may also include "dual use" items. An arms embargo may serve one or more purposes:# to signal disapproval of behavior by a certain actor,# to maintain neutral standing in an ongoing conflict, or...
against foreign and Congolese armed groups operating in the regions. The embargo would not apply to MONUC, Operation Artemis, integrated Congolese army and police forces, or non-lethal military equipment for humanitarian or protective use. The Council declared that the measures would be reviewed in twelve months and compliance would be closely monitored.
MONUC was tasked with protecting United Nations personnel and facilities; ensuring its freedom of movement; protecting civilians and humanitarian workers; contributing to an improvement in the security situation. The Council stated it could use all necessary means to fulfil its mandate. The illicit exploitation of natural resources in the Democratic Republic of the Congo was condemned and a report from an expert panel was anticipated regarding the matter. The governments of Burundi
Burundi
Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
, the Democratic Republic of the Congo, Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
and Uganda
Uganda
Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
were urged to normalise their diplomatic relations, while an international conference on peace and security in the Great Lakes region was urged.
See also
- Kivu conflictKivu conflictThe Kivu conflict is an armed conflict between the military of the Democratic Republic of the Congo and the Hutu Power group Democratic Forces for the Liberation of Rwanda . The United Nations Mission in the Democratic Republic of Congo also became involved in the conflict...
- Ituri conflictIturi ConflictThe Ituri conflict is a conflict between the agriculturalist Lendu and pastoralist Hema ethnic groups in the Ituri region of the northeastern Democratic Republic of Congo . While there have been many phases to the conflict, the most recent armed clashes ran from 1999 to 2003, with a low-level...
- List of United Nations Security Council Resolutions 1401 to 1500 (2002 – 2003)
- Lusaka Ceasefire AgreementLusaka Ceasefire AgreementThe Lusaka Ceasefire Agreement attempted to end the Second Congo War through a ceasefire, release of prisoners of war, and the deployment of an international peacekeeping force under the auspices of the United Nations...
- Second Congo WarSecond Congo WarThe Second Congo War, also known as Coltan War and the Great War of Africa, began in August 1998 in the Democratic Republic of the Congo , and officially ended in July 2003 when the Transitional Government of the Democratic Republic of the Congo took power; however, hostilities continue to this...