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Motion for a resolution - B7-0562/2012Motion for a resolution

MOTION FOR A RESOLUTION on the situation in the Democratic Republic of Congo

11.12.2012 - (2012/2907(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 122 of the Rules of Procedure

Charles Tannock, Jan Zahradil, Ryszard Czarnecki on behalf of the ECR Group

See also joint motion for a resolution RC-B7-0562/2012

NB: This motion for a resolution is available in the original language only.
Procedure : 2012/2907(RSP)
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European Parliament resolution on the situation in the Democratic Republic of Congo


The European Parliament,

– having regard to Partnership Agreement 2000/483/EC between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou on 23 June 2000 and revised successively in 2005 and 2010,

 having regard to the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966),

 having regard to Article 3 and Protocol II to the Geneva Convention of 1949, which prohibit summary executions, rape, enforced recruitment and other atrocities,

 having regard to the International Convention on the Rights of the Child of 20 November 1989, which, in particular, prohibits the involvement of children in armed conflicts,

 having regard to the Optional Protocol to the International Convention on the Rights of the Child concerning the involvement of children in armed conflicts, which has been ratified by Democratic Republic of Congo (DRC) and Rwanda,

 having regard to United Nations (UN) Security Council resolutions, particularly Resolutions 2076(2012), 2053 (2012), 1925 (2010) and 1856 (2008) on the situation in DRC, which lay down the mandate of the United Nations Mission in DRC (MONUSCO), the Security Council declaration of 2 August 2012 and the monthly reports of the United Nations Secretary-General on this subject,

 having regard to the African Union (AU) Charter on Human Rights and Peoples' Rights, which was ratified by DRC in 1982,

 having regard to the decision of the African Union’s Peace and Security Council of 19 September 2012 on the security situation in the east of DRC,

 having regard to the conclusions of the European Union (EU) Council of Ministers of Foreign Affairs of 25 June and 19 November 2012 on the situation in the east of DRC,

 having regard to the European Union Guidelines of 2004 for the protection of human rights defenders and the local strategy for the implementation of the Guidelines in DRC, adopted by the heads of mission on 20 March 2010,

 having regard to Council Joint Action 2009/769/CFSP of 19 October 2009 amending Joint Action 2007/405/CFSP on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo),

 having regard to the mission to reform the security sector, EUSEC RD Congo, established in June 2005 (Council Joint Action 2005/355/CFSP of 2 May 2005 on the European Union mission to provide advice and assistance for security sector reform in DRC),

 having regard to the report of the United Nations Secretary-General of 23 August 2010 on the recent mass rapes committed against civilians by members of armed groups in the eastern part of DRC,

 having regard to the UN Security Council Presidential Statement of 19 October 2012,

 having regard to the statement of 27 September 2012 by the President of the European Council, Herman Van Rompuy at the UN High-Level Meeting on the eastern Democratic Republic of the Congo,

 having regard to the statements of 7 June 2012, 12 June 2012, 10 July 2012 and 23 November 2012 by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton,

 having regard to the statement of 22 February 2011 by Andris Piebalgs, European Commissioner for Development, entitled 'DRC: A Step towards Ending Impunity',

 having regard to the statement of 26 June 2012 by Kristalina Georgieva, European Commissioner responsible for international cooperation, humanitarian aid and crisis response, concerning the deterioration of the humanitarian situation in DRC,

 having regard to the Pact on Security, Stability and Development in the Great Lakes Region, adopted by the Heads of State and Government of the Member States of the International Conference for the Great Lakes Region (ICGLR) in Nairobi in December 2006, which entered into force in June 2008,

 having regard to the statements by the Heads of State and Government of the Member States of the ICGLR concerning the security situation in the east of DRC, particularly that of 24 November 2012,

 having regard to the resolution of the Organisation Internationale de la Francophonie (OIF) adopted at the 14th Summit of Francophone Countries in Kinshasa on 13 and 14 October 2012 on the situation in DRC,

 having regard to the letter of 21 June 2012 from the Chair of the Security Council committee set up by Resolution 1533 (2004) concerning DRC to the President of the Security Council submitting the interim report of the group of experts on DRC and the annexes pertaining to it and requesting their publication as a Council document (S/2012/348),

 having regard to the resolution of 29 November 2012 adopted by the ACP-EU Joint Parliamentary Assembly on the situation of instability and insecurity in the Great Lakes Region and, in particular, in the east of the Democratic Republic of Congo,

 having regard to previous European Parliament resolutions on DRC, including the latest on 12 June 2012 on the monitoring of the elections in DRC,


A.  whereas, since April 2012, elements of the Armed Forces of DRC (FARDC) have mutinied in the east of the country, more precisely in North Kivu province, and whereas this mutiny quickly mutated into an armed rebellion under the name of the March 23 Movement (M23), calling for the application of the peace agreement signed in Goma on 23 March 2009 by the DRC Government and the armed group known as the National People's Congress (CNDP);

B.  whereas this cycle of warfare is in particular linked to the conflict between armed rebel groups, M23, the Mai-Mai group, the Democratic Forces for the Liberation of Rwanda (FDLR) and Rwandan Hutu rebels, on the one hand, and the Armed Forces of DRC (FARDC), on the other hand;

C.  whereas for nearly eight months this M23 rebel group has been occupying a large part of North Kivu province, whereas it has established its own administration and whereas this part of the province is therefore entirely outside the control of the DRC State, causing constant instability not only for DRC, but also the neighbouring countries, and widespread insecurity;

D.  whereas the ICGLR Member States have established a joint verification mechanism to monitor troop movements in the east of DRC and decided to deploy neutral international armed forces;

E.  whereas the UN Security Council has extended until 30 June 2013 the mandate of the UN Stabilisation Mission in DRC (MONUSCO), under its Resolution 2053(2012);

F.  whereas, since the beginning of this war, the east of DRC has suffered from reiterated atrocities characterised by human rights violations and war crimes, such as mass rapes, including rapes of children, torture and massacres of civilians and the general enrolment of child soldiers;

G.  whereas recourse to sexual violence and the more widespread use of rape have enormous consequences, such as the physical and psychological destruction of the victims, and must be regarded as war crimes;

H.  whereas the non-prosecution of perpetrators of those human rights violations and war crimes promotes the climate of impunity and encourages the perpetration of new crimes, thus creating a vicious circle of violence strangulating the DRC;

I.  whereas as a result of the aforementioned criminal acts and the fighting between FARDC and M23 rebels, more than 2.4 million Congolese people living in the areas affected by the fighting have been internally displaced and 420 000 have fled into neighbouring countries, and whereas they are living in precarious conditions;

J.  whereas the European Union is contributing to the restoration of the justice and security (police and army) sectors and seeking to make them function well by means of its financial and technical assistance and by training personnel within the framework of the EUSEC RD and EUPOL RD missions, and whereas the efficiency of Union's assistance to DRC should be re-evaluated in light of the continuing degradation of the situation in the east of DRC;

K.  whereas DRC, and in particular the eastern regions presently under the control of armed paramilitary groups, possesses an abundance of natural resources such as diamonds, copper and coltan, which through illegal mining activities helps to finance and perpetuate the conflict;

L.  whereas rising unemployment, the social crisis, the food crisis, the inadequacy of basic services, the impoverishment of the population and environmental degradation are also partly responsible for the region's instability; whereas these problems require a development plan and strategy;

M.  whereas the First Congo War (November 1996 to May 1997) and the Second Congo war (August 1998 to July 2003) which preceded the present situation still have a re-emergent impact on current events; whereas it is necessary to deal with the consequences of the conflicts, particularly by means of demilitarisation, demobilisation and, to the extent possible, reintegration of ex-combatants, repatriation of refugees, resettlement of people who have been displaced within their own country and the implementation of viable development programmes in view of national and regional reconciliation;


1.  Expresses its outmost concern about the persistent deterioration of the overall situation in the east of DRC, which has dramatic security, humanitarian, and socioeconomic consequences in DRC and throughout the region of the Great Lakes;

2.  Strongly condemns the attacks by M23 and all other armed rebels in the east of DRC in recent months, and calls for an immediate ceasefire;

3.  Reaffirms the inalienable and imprescriptible right of DRC to respect of its sovereignty and territorial integrity;

4.  Appreciates both the individual and joint efforts of the Member States of the ICGRL, the AU, the UN and the EU aimed at seeking a lasting and peaceful political solution to the crisis; however, calls, however, on the international community to consider a targeted military intervention in the east of DRC should the situation therein continue to threaten the lives of millions and the overall regional stability;

5.  Strongly condemns all human rights violations in the east of DRC and in the Great Lakes region, and expresses its solidarity with the victims, while calling for thorough and independent judicial inquiries to identify the perpetrators and held fair trials at the national or international level to stop impunity and bring justice to the abused or murdered and their families;

6.  Calls on all States in the Great Lakes region and all Member States of the EU to cooperate fully with the International Criminal Court (ICC) to this end and calls for the immediate execution of international arrest warrants;

7.  Urges the Government of DRC and the international community to provide all persons in need in the east of DRC with appropriate medical care, including posttraumatic and psychological support;

8.  Considers that transparent access to and parliamentary control over the natural resources of DRC as well as equitable redistribution through the State budget of revenue from the legal mining of those resources are preconditions for the sustainability of public policies of the DRC, particularly in the fields of education, health and security; calls, therefore, on the DRC and its neighbours of the Great Lakes region to take more measures to combat illicit exploitation of and trading in natural resources, and on the European Union and the whole of the international community to intensify cooperation with DRC in this field;

9.  Calls for efforts at both national and international level to increase the authority of the State and the rule of law in DRC, particularly with respect to governance and security, including in close cooperation with the EU military assistance mission (EUSEC) and the police assistance mission (EUPOL), which should be upgraded if continued so that they can effectively contribute to consolidating peace and security both in the DRC and in the Great Lakes region;

10.  Encourages the Parliament, the Senate and the President of DRC, Mr. Joseph Kabila, to implement all necessary measures to consolidate democracy and ensure fair participation of all political forces expressing the will of the Congolese nation in the governance of the country on the basis of constitutional and legal rules;

11.  Urges the States of the ICGLR, the AU, the EU and the UN to closely monitor the implementation of the Pact on Security, Stability and Development in the Great Lakes Region, and to re-evaluate the situation periodically, so that tangible results are delivered in the near future;

12.  Instructs its President to forward this resolution to the Council and Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the UN Secretary-General, the UN Human Rights Council, the UN special representative on sexual violence in armed conflicts, the Member States of the International Conference on the Great Lakes Region and the Presidents, Prime Ministers and Parliaments of the Member States concerned.