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Procedure : 2012/2907(RSP)
Document stages in plenary
Document selected : B7-0570/2012

Texts tabled :

B7-0570/2012

Debates :

PV 13/12/2012 - 15.1
CRE 13/12/2012 - 15.1

Votes :

PV 13/12/2012 - 16.1

Texts adopted :

P7_TA(2012)0511

MOTION FOR A RESOLUTION
PDF 139kWORD 76k
See also joint motion for a resolution RC-B7-0562/2012
11.12.2012
PE502.567v01-00
 
B7-0570/2012

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


on the situation in the Democratic Republic of Congo (2012/2907(RSP))


José Ignacio Salafranca Sánchez-Neyra, Mariya Gabriel, Jean Roatta, Cristian Dan Preda, Filip Kaczmarek, Bernd Posselt, Roberta Angelilli, Mario Mauro, Eija-Riitta Korhola, Sergio Paolo Francesco Silvestris, Zuzana Roithová, Monica Luisa Macovei, Sari Essayah, Giovanni La Via, Laima Liucija Andrikienė, Philippe Boulland, Eduard Kukan, Tunne Kelam, Michèle Striffler, Edit Bauer on behalf of the PPE Group
NB: This motion for a resolution is available in the original language only.

European Parliament resolution on the situation in the Democratic Republic of Congo (2012/2907(RSP))  
B7‑0570/2012

The European Parliament,

– having regard to Article 122 of its Rules of Procedure,

 

– 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 of, 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 the countries in the Great Lakes region;

 

– having regard to United Nations Security Council resolutions, particularly Resolutions 2076 (2012), 2053 (2012), 1925 (2010) and 1856 (2008) on the situation in the Democratic Republic of Congo (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 United Nations Security Council Resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1960 (2010) on women, peace and security,

 

– having regard to United Nations General Assembly Resolution 60/1 of 24 October 2005 on the 2005 World Summit Outcome, and particularly paragraphs 138 to 140 on responsibility to protect populations,

 

– having regard to the African Union Constituent Act or Lomé Treaty, adopted at the extraordinary summit of Heads of State and of Government of the Organisation of African Unity in Lomé in July 2000,

 

– having regard to the African Union Charter on Human 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 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 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 23 June 2011 by Mrs Wallström, former Special Representative of the Secretary-General on sexual violence in conflicts,

 

– having regard to the statement of 27 September 2012 by the President of the European Council, Herman Van Rompuy,

 

– having regard to the statements of 7 June, 12 June, 10 July and 23 November 2012 by the Vice-President of the Commission/High Representative of the European 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 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 reports by human rights organisations on the serious human rights violations committed in the east of DRC,

 

– having regard to its previous resolutions on DRC, particularly that of 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 the cycle of warfare in DRC in recent years 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 seven months the 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 and insecurity;

 

D. having regard to the serious human rights violations, such as mass rapes, including rapes of minor girls, torture and massacres of civilians and the general enrolment of child soldier,; and the humanitarian crisis arising from this situation;

 

E. having regard to the report drafted by UN experts in June 2012 assessing the arms embargo in DRC, and the responses by the authorities concerned to the allegations contained in the report;

 

F. having regard to the efforts of the Member States of the International Conference on the Great Lakes Region (ICGLR), the Southern Africa Development Community (SADC), the EU, the AU and the UN to find a constructive political solution to the conflict in the east of DRC and to ensure respect for human rights and fundamental freedoms, democracy and the rule of law and to ensure the well-being and security of the people affected by this conflict;

 

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

 

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

 

I. whereas the non-prosecution of those responsible for human rights violations and war crimes promotes the climate of impunity and encourages the perpetration of fresh crimes;

 

J. whereas 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 neighboring countries, and whereas they are living in inhuman conditions;

 

K.whereas according to reports from local NGOs 2012 represented a record year in terms of violations of  freedom of information and freedom of the media in DRC

 

L. 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;

 

M. whereas DRC possesses an abundance of natural resources and whereas the persistent illegal exploitation of these resources, particularly in the east of DRC, which moreover are often under the control of armed paramilitary groups, helps to finance and perpetuate the conflict and remains a source of insecurity for the region as a whole;

 

N. 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 comprehensive development plan and strategy;

 

O. whereas it is necessary to deal with the consequences of the conflicts, particularly by means of demilitarisation, demobilisation and 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;

 

P. whereas negotiations between the rebel groups and the DRC government are ongoing in Kampala;

 

1. Expresses its strong concern about the deterioration of the general situation in the east of DRC, which has serious political, economic, social, humanitarian and security consequences in DRC and throughout the region;

 

2. Strongly condemns the attacks by M23 and all other negative forces in the east of DRC in recent months; opposes any external intervention in the conflict and calls on all parties concerned in the region to contribute in good faith to its peaceful resolution;

 

3. Welcomes the efforts of the Member States of the ICGLR, the AU and the UN in their démarches and initiatives aimed at seeking a lasting and peaceful political solution to the crisis;

 

4. Calls on the governments of DRC and neighbouring countries to take the necessary measures to arrive at a structural solution which will bring about lasting peace, security, stability, economic development and respect for human rights in the region through cooperation, permanent dialogue, the establishment of confidence and reconciliation; affirms its commitment to cooperating with DRC and the Great Lakes region to this end;

 

5. Condemns all acts of violence and all human rights violations in the east of DRC and in the Great Lakes region, and expresses its solidarity with the people of DRC afflicted by the war; calls on all the forces participating in the conflicts in the east of DRC to respect human rights and international humanitarian law, to cease all attacks on civilians, particularly women and children, and to afford humanitarian agencies access and protection which are coming to the assistance of the suffering civilian population;

 

6. Strongly condemns the acts of sexual violence which have been committed on a massive scale in the Great Lakes region, particularly rapes of women and girls, and the recruitment of child soldiers; condemns the attempt to assassinate Dr Mukwege, and calls for an independent judicial inquiry to shed light on this attempt;

 

7. Urges that the perpetrators of human rights violations, war crimes, crimes against humanity, sexual violence against women and the conscription of child soldiers be reported, identified, prosecuted and punished in accordance with national and international criminal law;

 

8. Calls on the international community, and more particularly the European Union, AU and UN, to continue to do everything possible to provide more coordinated and effective aid to people in the east of DRC and contribute to efforts to respond to the humanitarian disaster;

 

9. 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;

 

10. Considers that transparent access to and control over the natural resources of DRC are indispensable for the sustainable development of the country; calls, therefore, on the African Union and the countries 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 step up cooperation with DRC in this field;

 

11. Calls for efforts to be made at both national and international level to increase the authority of the State and the rule of law in DRC, particularly in the fields of governance and security, including in close cooperation with the European Union military assistance mission (EUSEC) and the Union's police assistance mission (EUPOL), which should be continued in order to consolidate peace and security both in the country and in the Great Lakes region;

 

12. Calls on the Heads of State and Government of the Great Lakes region to work to bring about the actual implementation of existing regional peace and development instruments and calls on all States which are signatories to the Pact on Security, Stability and Development in the Great Lakes region to implement it fully in order to establish and consolidate the necessary basis for peace and security in the region; calls on the UN, EU and AU and on friends of the Great Lakes region to strongly and actively support efforts to implement the Pact;

 

13. stresses the importance of the effective functioning of the joint verification mechanism and the establishment and effective deployment of the envisaged neutral international force;

 

14. Urges that responses be given and action taken further to the allegations contained in the report of the UN Security Council's sanctions committee and its annexes;

 

15. Supports the continuation of the MONUSCO stabilization mission in DRC, while expressly urging it to guarantee the security and safety of Congolese civilians with greater effectiveness; recommends promoting and facilitating the establishment of local peace initiatives by MONUSCO and the DRC Government, particularly in territories where there are strong ethnic tensions, in order to permanently stabilize the situation;

 

16. Welcomes the ongoing negotiations between rebels and the DRC government in Kampala; takes the view that a new and inclusive political process, based on clear benchmarks, is necessary in order to bring about durable peace, avoid further violence in DRC and further destabilization of the region;

 

17. Encourages DRC's leaders to take all the necessary initiatives to consolidate democracy and ensure the participation of all the active forces in the Congolese nation in the governance of the country on the basis of constitutional and legal rules;

 

18. Instructs its President to forward this resolution to the Council, the Commission, the Commission Vice-President / EU High Representative for Foreign Affairs and Security policy, the African Union, the governments of the countries of the Great Lakes region, the President, Prime Minister and Parliament of the DRC, the Secretary-General of the United Nations, the UN Special Representative on Sexual Violence in Conflict, the UN Security Council and the UN Human Rights Council.

 

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