United Nations Security Council Resolution 1493
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United Nations Security Council resolution 1493, adopted unanimously on 28 July 2003, after recalling all resolutions on the situation in the
Democratic Republic of the Congo The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in ...
, the council extended the mandate of the
United Nations Mission in the Democratic Republic of Congo The United Nations Organization Stabilization Mission in the Democratic Republic of the Congo or MONUSCO, an acronym based on its French name , is a United Nations peacekeeping force in the Democratic Republic of the Congo (DRC) which was est ...
(MONUC) until 30 July 2004 and raised its troop level from 8,700 to 10,800. Under previous mandates, MONUC was allowed to use force only in
self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force ...
; the current resolution expanded this to include "all necessary means" to fulfill 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.


Resolution


Observations

The security council reaffirmed its commitment to the
sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
,
territorial integrity Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized ...
and independence of the Democratic Republic of the Congo and states in the
African Great Lakes The African Great Lakes ( sw, Maziwa Makuu; rw, Ibiyaga bigari) are a series of lakes constituting the part of the Rift Valley lakes in and around the East African Rift. They include Lake Victoria, the second-largest fresh water lake in th ...
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 resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest and cultural value. ...
s of the country and at the conflicts in
Ituri Ituri is one of the 21 new provinces of the Democratic Republic of the Congo created in the 2015 repartitioning. Ituri, Bas-Uele, Haut-Uele, and Tshopo provinces are the result of the dismemberment of the former Orientale province. Ituri was ...
,
North North is one of the four compass points or cardinal directions. It is the opposite of south and is perpendicular to east and west. ''North'' is a noun, adjective, or adverb indicating direction or geography. Etymology The word ''north ...
and
South Kivu South Kivu (''Jimbo la Kivu Kusini'' in Swahili), (french: Sud-Kivu) is one of 26 provinces of the Democratic Republic of the Congo. Its capital is Bukavu. History South Kivu Province was created from Sud-Kivu District in 1989, when the ex ...
. It welcomed the establishment of a transitional government and urged all parties to co-operate with MONUC. The preamble of the resolution reiterated the council's support of
Operation Artemis Operation Artemis, formally European Union Force Democratic Republic of the Congo (EUFOR), was a short-term European Union-led UN-authorised military mission to the Democratic Republic of the Congo during the Ituri conflict. ARTEMIS is consider ...
in
Bunia Bunia is the capital city of Ituri Province in the Democratic Republic of the Congo (DRC). It was part of the Orientale Province until that province's dissolution. It lies at an elevation of on a plateau about west of Lake Albert in the Alb ...
and the need to replace the force once its
mandate Mandate most often refers to: * League of Nations mandates, quasi-colonial territories established under Article 22 of the Covenant of the League of Nations, 28 June 1919 * Mandate (politics), the power granted by an electorate Mandate may also r ...
had expired, in accordance with Resolution 1484 (2003).


Acts

Acting under
Chapter 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 an ...
, 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 Atta Annan (; 8 April 193818 August 2018) was a Ghanaian diplomat who served as the seventh secretary-general of the United Nations from 1997 to 2006. Annan and the UN were the co-recipients of the 2001 Nobel Peace Prize. He was the founde ...
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 The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...
; 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 Kinshasa (; ; ln, Kinsásá), formerly Léopoldville ( nl, Leopoldstad), is the capital and largest city of the Democratic Republic of the Congo. Once a site of fishing and trading villages situated along the Congo River, Kinshasa is now one of ...
. The resolution strongly condemned acts of violence against civilians, including
massacre A massacre is the killing of a large number of people or animals, especially those who are not involved in any fighting or have no way of defending themselves. A massacre is generally considered to be morally unacceptable, especially when per ...
s, violations of human rights and
international humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war ('' jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by pr ...
, and
sexual violence Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, or act directed against a person's sexuality, regardless of the relationship to the victim.World Health Organization., World re ...
, 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 comprises activities intended to create conditions that favour lasting peace. Research generally finds that peacekeeping reduces civilian and battlefield deaths, as well as reduces the risk of renewed warfare. Within the United ...
operations and to address
violence against women Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed against women or girls, usually by men or boys. Such violence is often c ...
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 The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
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 Children (defined by the Convention on the Rights of the Child as people under the age of 18) have been recruited for participation in military operations and campaigns throughout history and in many cultures. Children in the military, inclu ...
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 A ceasefire (also known as a truce or armistice), also spelled cease fire (the antonym of 'open fire'), is a temporary stoppage of a war in which each side agrees with the other to suspend aggressive actions. Ceasefires may be between state ac ...
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, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights ...
of United Nations personnel and that the armed conflict was preventing MONUC from carrying out its
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 a ...
,
demobilisation Demobilization or demobilisation (see spelling differences) 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 milit ...
, 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 An arms embargo is a restriction or a set of sanctions that applies either solely to weaponry or also to " dual-use technology." An arms embargo may serve one or more purposes: * to signal disapproval of the behavior of a certain actor * to maintai ...
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 fulfill 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 (, ), officially the Republic of Burundi ( rn, Repuburika y’Uburundi ; Swahili: ''Jamuhuri ya Burundi''; French: ''République du Burundi'' ), is a landlocked country in the Great Rift Valley at the junction between the African Gr ...
, the Democratic Republic of the Congo,
Rwanda Rwanda (; rw, u Rwanda ), officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of Central Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator ...
and
Uganda }), is a landlocked country in East Africa. The country is bordered to the east by Kenya, to the north by South Sudan, to the west by the Democratic Republic of the Congo, to the south-west by Rwanda, and to the south by Tanzania. The ...
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 conflict *
Ituri conflict The Ituri conflict (french: Guerre d'Ituri) is an ongoing conflict between the agriculturalist Lendu and pastoralist Hema ethnic groups in the Ituri region of the north-eastern Democratic Republic of the Congo (DRC). While the two groups had ...
*
List of United Nations Security Council Resolutions 1401 to 1500 This is a list of United Nations Security Council Resolutions 1401 to 1500 adopted between 28 March 2002 and 14 August 2003. See also * Lists of United Nations Security Council resolutions * List of United Nations Security Council Resolut ...
(2002–2003) *
Lusaka Ceasefire Agreement The 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. The heads of state of Angola ...
*
Second Congo War The Second Congo War,, group=lower-alpha also known as the Great War of Africa or the Great African War and sometimes referred to as the African World War, began in the Democratic Republic of the Congo in August 1998, little more than a year a ...
*
United Nations Security Council Resolution 1533 United Nations Security Council resolution 1533, adopted unanimously on 12 March 2004, after recalling all previous resolutions on the situation in the Democratic Republic of the Congo, the council established a committee to monitor an arms emba ...
* United Nations Security Council Resolution 1807


References


External links

*
Text of the Resolution at undocs.org
{{UNSCR 2003 1493 2003 in the Democratic Republic of the Congo 1493 1493 1493 1493 1493 July 2003 events