United Nations

Resolution 1304 (2000) Adopted Unanimously

 NEW YORK, 16 June (UN Headquarters) -- The Security Council this evening demanded that Ugandan and Rwandan forces, as well as those of the Congolese opposition and other armed groups, withdraw immediately and completely from the city of Kisangani in the Democratic Republic of the Congo.

 Unanimously adopting resolution 1304 (2000), the Council called on all parties to the Lusaka Ceasefire Agreement of 10 July 1999 to respect the demilitarization of Kisangani and the city's environs.

 By other terms of the text, the Council demanded that Uganda and Rwanda, which had violated the sovereignty and territorial integrity of the Democratic Republic of the Congo, withdraw all their troops from the country's territory without further delay; that each phase of withdrawal completed by their forces be reciprocated by the other parties in conformity with the same timetable; and that all other foreign military presences and activity in Congolese territory be brought to an end in conformity with the Ceasefire Agreement.

 Reiterating its unreserved condemnation of the fighting between Ugandan and Rwandan forces in Kisangani, in violation of Congolese sovereignty and territorial integrity, the Council demanded that all parties comply with the provisions of the Ceasefire Agreement relating to the normalization of the security situation along the borders of the Democratic Republic of the Congo with its neighbours.

 By other terms, the Council expressed the view that the Governments of Uganda and Rwanda should make reparations for the loss of life and the property damage inflicted on Kisangani's civilian population and requested the Secretary-General to submit an assessment of the damage as a basis for such reparations.

 Also by the text, the Council demanded that the parties to the Ceasefire Agreement cooperate with the deployment of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) to the areas of operations deemed necessary by the Secretary-General's Special Representative, including by lifting all restrictions to Mission personnel's freedom of movement and by ensuring their security.

 The Council further demanded that all parties cease all forms of assistance and cooperation with the armed groups referred to in Chapter 9 of the Ceasefire Agreement.  It called on all parties to cooperate with the efforts of MONUC to monitor the cessation of hostilities, disengagement of forces and withdrawal of foreign forces.

 Condemning all massacres and other atrocities carried out in Congolese territory, the Council urged that an international investigation be held with a view to bringing those responsible to justice.  By other terms, it called on all the parties to ensure the safe and unhindered access of relief personnel to all those in need, and recalled that the parties must also provide guarantees for the safety, security and freedom of movement for United Nations and associated humanitarian relief personnel.

 Also by the text, the Council called on all the Congolese parties to engage fully in the National Dialogue process as provided for in the Ceasefire Agreement.  It called in particular on the Government of the Democratic Republic of the Congo to reaffirm its full commitment to the National Dialogue, to honour its obligations in that respect and cooperate with the facilitator appointed by the Organization of African Unity (OAU) and to allow the full participation of political parties and civil society groups in the dialogue.

 The Council expressed its readiness to consider possible measures which could be imposed in accordance with its responsibility under the United Nations Charter with the aim of achieving the full implementation of the current resolution.

 Speaking before the adoption of the resolution were the Minister of State for Foreign Affairs (for Regional Development) of Uganda and Chairman of the Political Committee, Amama Mbabazi, and the representative of Tunisia.  Jean-David Levitte (France), Security Council President, also spoke.
 The meeting began at 7:44 p.m. and adjourned at 8 p.m.

Council Work Programme

 The Security Council met this evening to take up the situation concerning the Democratic Republic of the Congo.

Statements

 The Security Council President, JEAN DAVID LEVITTE (France) said that the Council had extended an invitation to the Minister of State for Foreign Affairs of Uganda and Chairman of the Political Committee of the Lusaka Ceasefire Agreement to participate in the meeting.

 Minister of State for Foreign Affairs (for Regional Development) of Uganda and Chairman of the Political Committee AMAMA MBABAZI said the Political Committee had come to New York in the hope that this interaction between the Political Committee and the Security Council would give greater impetus to the implementation of the Lusaka Ceasefire Agreement.

 The Political Committee reaffirmed its total commitment to the Lusaka accord and expressed its appreciation for the support the Council gave the Ceasefire Agreement, he said.  It would return with full confidence that there would be a faster and more effective implementation of Lusaka.

 He then read a statement issued by the Political Committee.  In the statement, the Political Committee reaffirmed the commitment of the Lusaka parties to the Agreement as the only firm and viable means to ending the conflict.  While there had been violations, in general, the Agreement had held. 

 The statement explained that the Political Committee had briefed the Council on measures to address violations of the ceasefire.  The Political Committee expressed regret at the recent fighting between Uganda and Rwanda, and had briefed the Council on measures to bring the situation back to normalcy.  The representatives of those two countries had assured the Council that the fighting had stopped, and that the troops had begun to withdraw.  The non-State parties had also accepted the demilitarization of Kisangani and affirmed that they would withdraw from the city. 

 The Political Committee, the statement continued, reaffirmed its assurances of security and freedom of movement of MONUC and, therefore, called upon the Council to expedite MONUC’s deployment to accelerate the pace of implementation of the Ceasefire Agreement.  The Committee had informed the Council of its adoption of a series of mechanisms for demobilization of armed groups.  In addition, it had stated that all parties had complied with the Red Cross and Red Crescent on release and exchange of prisoners of war, and that this process had commenced on 16 June, with 181 prisoners of war exchanged, mostly from the forces of Rwanda, Zimbabwe, Namibia and the Democratic Republic of the Congo. 

 The Committee stated its regret that not all participants had attended the recent inter-Congolese national dialogue held in Benin, and called for them to participate in future.  It asked the Council to provide resources and support to the facilitator of that dialogue and to the Joint Military Committee to enable them to discharge the tasks allocated to them under the Ceasefire Agreement.  The Political Committee looked forward to the continuation of consultations with the Security Council on the Lusaka peace process, the statement concluded. 

 SAID BEN MUSTAPHA (Tunisia) said that the series of joint meetings between the Security Council and the Political Committee had been a great success, and he expressed hopes for the fruitful development of the partnership.

 He said his country had committed itself to the deployment of MONUC, and he announced that a Tunisian contingent would take part in the Mission.  That unit was ready and awaiting departure if the Department of Peacekeeping Operations was ready.  Hopefully, that departure would coincide with celebrations marking Congolese independence on 30 June.

 Mr. LEVITTE (France), President of the Council, assured the Political Committee that the Council stood by its side in its efforts to implement the Lusaka Ceasefire Agreement.  However, the Committee must demonstrate the necessary political will.

 The Council then unanimously adopted resolution 1304 (2000).

Text of Resolution

 The full text of resolution 1304 (2000) reads as follows:

 The Security Council,

 “Recalling its resolutions 1234 (1999) of 9 April 1999, 1258 (1999) of  6 August 1999, 1265 (1999) of 17 September 1999, 1273 (1999) of 5 November 1999, 1279 (1999) of 30 November 1999, 1291 (2000) of 24 February 2000 and 1296 (2000) of 19 April 2000, and the statements of its President of 13 July 1998 (S/PRST/1998/20), 31 August 1998 (S/PRST/1998/26), 11 December 1998 (S/PRST/1998/36), 24 June 1999 (S/PRST/1999/17), 26 January 2000 (S/PRST/2000/2), 5 May 2000 (S/PRST/2000/15) and 2 June 2000 (S/PRST/2000/20),

 “Reaffirming the purposes and principles of the Charter of the United Nations and the primary responsibility of the Security Council for the maintenance of international peace and security,

 “Reaffirming also the obligation of all States to refrain from the use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,

 “Reaffirming the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo and of all States in the region,

 “Reaffirming also the sovereignty of the Democratic Republic of the Congo over its natural resources, and noting with concern reports of the illegal exploitation of the country’s assets and the potential consequences of these actions on security conditions and the continuation of hostilities,

 “In this regard, calling on all the parties to the conflict in the Democratic Republic of the Congo and others concerned to cooperate fully with the expert panel on the illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo (S/PRST/2000/20) in its investigation and visits in the region,

 “Expressing its deep concern at the continuation of the hostilities in the country,

 “Expressing in particular its outrage at renewed fighting between Ugandan and Rwandan forces in Kisangani, Democratic Republic of the Congo, which began on 5 June 2000, and at the failure of Uganda and Rwanda to comply with their commitment to cease hostilities and withdraw from Kisangani made in their joint statements of 8 May 2000 and of 15 May 2000 (S/2000/445), and deploring the loss of civilian lives, the threat to the civilian population and the damage to property inflicted by the forces of Uganda and Rwanda on the Congolese population,

 “Recalling its strong support for the Lusaka Ceasefire Agreement (S/1999/815) and insisting that all parties honour their obligations under that Agreement,

 “Deploring the delays in the implementation of the Ceasefire Agreement and the 8 April 2000 Kampala disengagement plan, and stressing the need for new momentum to ensure progress in the peace process,

 “Expressing its deep concern at the lack of cooperation of the Government of the Democratic Republic of the Congo with the Facilitator of the National Dialogue appointed by the Organization of African Unity (OAU), including the fact that the delegates were prevented from attending the Cotonou preparatory meeting on 
6 June 2000,

 “Welcoming the report of the Secretary-General of 13 June 2000 (S/2000/566),

 “Recalling the responsibility of all parties to the conflict in the Democratic Republic of the Congo for ensuring safety and security of United Nations and associated personnel throughout the country,

 “Welcoming the participation in its meetings on 15 and 16 June 2000 of the members of the Political Committee of the Ceasefire Agreement,

 “Expressing its serious concern over the humanitarian situation in the Democratic Republic of the Congo mainly resulting from the conflict, and stressing the need for substantial humanitarian assistance to the Congolese population,

 “Expressing also its alarm at the dire consequences of the prolonged conflict for the security of the civilian population throughout the territory of the Democratic Republic of the Congo, and its deep concern at all violations and abuses of human rights and international humanitarian law, in particular in the eastern part of the country, especially the Kivus and Kisangani,

 “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. Calls on all parties to cease hostilities throughout the territory of the Democratic Republic of the Congo and to fulfil their obligations under the Ceasefire Agreement and the relevant provisions of the 8 April 2000 Kampala disengagement plan;

 “2. Reiterates its unreserved condemnation of the fighting between Ugandan and Rwandan forces in Kisangani in violation of the sovereignty and territorial integrity of the Democratic Republic of the Congo, and demands that these forces and those allied to them desist from further fighting;

 “3. Demands that Ugandan and Rwandan forces as well as forces of the Congolese armed opposition and other armed groups immediately and completely withdraw from Kisangani, and calls on all parties to the Ceasefire Agreement to respect the demilitarization of the city and its environs;

 “4. Further demands:

 “(a) That Uganda and Rwanda, which have violated the sovereignty and territorial integrity of the Democratic Republic of the Congo, withdraw all their forces from the territory of the Democratic Republic of the Congo without further delay, in conformity with the timetable of the Lusaka Ceasefire Agreement and the 8 April 2000 Kampala Disengagement Plan;

 “(b) That each phase of withdrawal completed by Ugandan and Rwandan forces be reciprocated by the other parties in conformity with the same timetable;

 “(c) That all other foreign military presence and activity, direct and indirect, in the territory of the Democratic Republic of the Congo be brought to an end in conformity with the provisions of the Lusaka Ceasefire Agreement;

 “5. In this context demands that all parties abstain from any offensive action during the process of disengagement and of withdrawal of foreign forces;

 “6. Requests the Secretary-General to keep under review arrangements for deployment of the personnel of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), as authorized and in conditions defined by resolution 1291 (2000), to monitor the cessation of hostilities, disengagement of forces and withdrawal of foreign forces as described in paragraphs 1 to 5 above and to assist in the planning of these tasks, and requests also the Secretary-General to recommend any adjustment that may become necessary in this regard;

 “7. Calls on all parties, in complying with paragraphs 1 to 5 above, to cooperate with the efforts of MONUC to monitor the cessation of hostilities, disengagement of forces and withdrawal of foreign forces;

 “8. Demands that the parties to the Ceasefire Agreement cooperate with the deployment of MONUC to the areas of operations deemed necessary by the Special Representative of the Secretary-General, including by lifting restrictions on the freedom of movement of MONUC personnel and by ensuring their security;

 “9. Calls on all the Congolese Parties to engage fully in the National Dialogue process as provided for in the Ceasefire Agreement, and calls in particular on the Government of the Democratic Republic of the Congo to reaffirm its full commitment to the National Dialogue, to honour its obligations in this respect and to cooperate with the OAU-appointed Facilitator and to allow for the full participation of political opposition and civil society groups in the dialogue;

 “10. Demands that all parties cease all forms of assistance and cooperation with the armed groups referred to in Annex A, Chapter 9.1 of the Ceasefire Agreement;

 “11. Welcomes efforts made by the parties to engage in a dialogue on the question of disarmament, demobilization, resettlement and reintegration of members of all armed groups referred to in Annex A, Chapter 9.1 of the Ceasefire Agreement, and urges the parties, in particular the Government of the Democratic Republic of the Congo and the Government of Rwanda, to continue these efforts in full cooperation;

 “12. Demands that all parties comply in particular with the provisions of Annex A, Chapter 12 of the Ceasefire Agreement relating to the normalization of the security situation along the borders of the Democratic Republic of the Congo with its neighbours;

 “13. Condemns all massacres and other atrocities carried out in the territory of the Democratic Republic of the Congo, and urges that an international investigation into all such events be carried out with a view to bringing to justice those responsible;

 “14. Expresses the view that the Governments of Uganda and Rwanda should make reparations for the loss of life and the property damage they have inflicted on the civilian population in Kisangani and requests the Secretary-General to submit an assessment of the damage as a basis for such reparations;

 “15. Calls on all the parties to the conflict in the Democratic Republic of the Congo to protect human rights and respect international humanitarian law;

 “16. Calls also on all parties to ensure the safe and unhindered access of relief personnel to all those in need, and recalls that the parties must also provide guarantees for the safety, security and freedom of movement for United Nations and associated humanitarian relief personnel;

 “17. Further calls on all parties to cooperate with the International Committee of the Red Cross to enable it to carry out its mandate as well as the tasks entrusted to it under the Ceasefire Agreement;

 “18. Reaffirms the importance of holding, at the appropriate time, an international conference on peace, security, democracy and development in the Great Lakes region under the auspices of the United Nations and of the OAU, with the participation of all the Governments of the region and all others concerned;

 “19. Expresses its readiness to consider possible measures which could be imposed in accordance with its responsibility under the Charter of the United Nations in case of failure by parties to comply fully with this resolution;

 “20. Decides to remain actively seized of the matter.”