Key Benefits:
DECREE NO. 6,851, OF May 14, 2009.
Disposes on the execution in the National Territory of Resolution no 1,857, of December 22, 2008, of the Council of United Nations Security, which renews the sanctions regime against the Democratic Republic of Congo.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, inciso IV, of the Constitution, according to art. 25 of the Charter of the United Nations, promulgated by the Decree no 19,841, of October 22, 1945, and
Considering the provisions of Resolutions nos 1,493, of July 28, 2003, 1,596, April 18, 2005, 1,649, December 21, 2005, 1,698, July 31 2006, and 1,771, of August 10, 2007, of the United Nations Security Council, incorporated into the Brazilian legal planning, respectively, by means of the Decrees nos 4,822, of August 28, 2003, 5,489, of July 13, 2005, 5,696, of February 7, 2006, 5,936, of October 19, 2006, and 6,358, of January 18, 2008;
Considering the adoption, on December 22, 2008, of the Resolution no 1,857 of the United Nations Security Council, which, among other arrangements, renews up to 30 of November 2009 The regime of sanctions against the Democratic Republic of the Congo, as well as the financial and locomotion restrictions on individuals designated by the Committee in accordance with the criteria set out in Resolutions nos 1596 (2005), 1649 (2006), 1698 (2006), 1771 (2007) and 1807 (2008);
DECRETA:
Art. 1o Ficam the Brazilian authorities obliged, within the framework of their respective assignments, to the Compliance with the provisions of Resolution no 1,857 (2008), adopted by the United Nations Security Council, on December 22, 2008, appends to this Decree.
Art. 2o This Decree goes into effect on the date of its publication.
Brasilia, May 14, 2009; 188o of Independence and 121o of the Republic.
LUIZ INÁCIO LULA DA SILVA
Samuel Pinheiro Guimarães Neto
Resolution 1857 (2008)
Aendowed by the Security Council in your 6056a session, on December 22, 2008
The Security Council,
Recording your previous resolutions, in particular Resolutions 1804 (2008) and 1807 (2008) and the statements of your President in relation to the Democratic Republic of the Congo,
reaffirming their commitment with the sovereignty, territorial integrity and political independence of the Democratic Republic of the Congo and all the states in the region,
Reiterating its serious concern about the presence of armed groups and militias in eastern Democratic Republic of Congo, in particular in the provinces of North Kivu and Kivu of the South and in Ituri district, which perpetuate a climate of insecurity throughout the region, and demanding that all parts of the Goma and Nairobi processes respect the cease-fire and implement their commitments effectively and in good faith,
Emphasizing the primary responsibility of the Government of the Democratic Republic of the Congo to secure the security in its territory and to protect its civilians with respect to the rule of law, Human Rights and Humanitarian International Law,
Ressaling the interim and final reports (S/2008/772 and S/2008/773) of the Democratic Republic of Congo's Group of Experts (?the Expert Group?) established as per the Resolution 1771 (2007) and extended as per Resolution 1807 (2008) and of its recommendations,
Condening the continuous illicit flow of weapons across borders and within the Democratic Republic of Congo and declaring their determination to continue strictly monitoring the implementation of the arms embargo and other measures determined by this resolution referring to the Democratic Republic of the Congo,
Emphasizing the obligation of all States to comply with the notifications determined by paragraph 5 of Resolution 1807 (2008),
Reiterating the importance that the Government of the Democratic Republic of Congo and the governments of the region take action effective to ensure that there is no support, within or advishing of their territories, to the armed groups of the eastern part of the Democratic Republic of the Congo,
Supporting the decision of the Democratic Republic of the Congo to work towards increasing the transparency of revenue from its extractivist industries,
Recognizing the association between the illegal exploitation of natural resources, the illicit trade of such resources, and the proliferation and arms trafficking as one of the major factors that feed and exacerbate conflicts in the Great Lakes region in Africa;
Recognizing their Resolutions 1325 (2000) and 1820 (2008) on women, peace and security, their resolution 1502 (2003) on the protection of the employees, associated employees and humanitarian officials of the United Nations located in conflict areas and their Resolution 1674 (2006) on the protection of civilians in armed conflicts,
Determining that the situation in the Democratic Republic of the Congo continues to constitute threat to international peace and security in the region,
Aging under Chapter VII of the Charter of the United Nations,
1. It decides to renew until November 30, 2009 the measures on weapons imposed by paragraph 1 of resolution 1807 (2008) and reaffirms the provisions of paragraphs 2, 3 and 5 of the same Resolution;
2. Decides to renew, for the period specified in paragraph 1 above, the measures on transport imposed by paragraphs 6 and 8 of Resolution 1807 and reaffirms the provisions of paragraph 7 of the same Resolution;
3. Decides to renew, for the period specified in paragraph 1 above, the financial measures and on travel imposed by paragraphs 9 and 11 of resolution 1807 (2008) and reaffirms the provisions of paragraphs 10 and 12 of the same Resolution;
4. It decides that the measures mentioned in paragraph 3 above should be applied to the following individuals and, if appropriate, entities, as designated by the Committee:
(a) People or entities acting in violation of the measures taken by the Member States in concordance with paragraph 1 above;
(b) Political or military leaders of foreign armed groups operating within the Democratic Republic of the Congo that prevent the disarmament and voluntary repatriation or re-establishment of fighters belonging to these groups;
(c) Political and military leaders of Congolese militias who are receiving support advinds from outside the Democratic Republic of Congo, which prevent the participation of their combatants in the processes of disarmament, demobilization and reintegration;
(d) Leaders politicians and military operating in the Democratic Republic of the Congo and recruiting or using children in armed conflicts in violation of applicable International Law;
(e) Individuals operating within the Democratic Republic of Congo and committing serious violations to International Law involving the victimization of women and children in situations of armed conflict, including murder and mutilation, sexual violence, kidnapping and forced displacement;
(f) Individuals obstructing access to or the distribution of humanitarian assistance in the eastern part of the Republic Democratic Republic of Congo;
(g) Individuals or entities supporting illegal armed groups in the eastern part of the Democratic Republic of the Congo through the illegal traffic of natural resources;
5. Decides, for a prolonged period to be closed on the date referred to in paragraph 1 above, that the measures determined in paragraph 3 above shall continue to apply to the individuals and entities already designated as paragraph 9 and 11 of the resolution 1807 (2008), paragraphs 13 and 15 of resolution 1596 (2005), paragraph 2 of resolution 1649 (2005), and paragraph 13 of resolution 1698 (2006), unless the Committee decides otherwise;
6. It decides to further expand the mandate of the Committee as per paragraph 8 of Resolution 1533 (2004) and expanded as per paragraph 18 of resolution 1596 (2005), paragraph 4 of resolution 1649 (2005) and paragraph 14 of resolution 1698 (2006) and reaffirmed in the paragraph 15 of Resolution 1807 (2008) to include the following tasks:
(a) review regularly the list of individuals and entities designated by the Committee as per paragraphs 4 and 5 above, aiming to keep the list as updated and accurate as possible and confirm that the listing remains appropriate and encourage Member States to provide any additional information whenever it is available;
(b) promulgate guidelines from how to facilitate the implementation of the measures imposed by this Resolution and to keep them under active review where necessary;
7. Calls on all States, particularly those in the region, to support the implementation of the measures specified in this Resolution, to cooperate entirely with the Committee in continuation of its mandate and report to the Committee, within forty-five days from the date of the adoption of this Resolution, regarding the actions that have been taken to implement the measures imposed by paragraphs 1, 2, 3, 4 and 5 above and encourages all States to send representatives, as per the requisition of the Committee, to meet the Committee and discuss in a more in-depth manner the relevant subjects;
8. Requests the Secretary General to extend, for a period with expiration on November 30, 2009, of the Group of Experts established pursuant to resolution 1771 (2007) and request the Group of Experts to comply with the mandate as determined in the paragraph 18 of Resolution 1807 (2008) and report to the Council in written form, by means of the Committee, by May 15, 2009 and still before October 15, 2009;
9. It decides that the mandate of the Group of Experts mentioned in paragraph 8 above should also include the tasks highlighted below:
(a) to include in its reports to the Committee any relevant information to the Committee's assignments on the individuals and entities described in paragraphs 4 and 5 above;
(b) assist the Committee in updating the reasons for publicly available listing and on the identification of information about the individuals and entities referred to in paragraph 5 above and in the compilation of narrative summaries referred to in paragraph 18 below;
10. Asks the Group of Experts to continue concentrating its activities in Kivu North and South and in Ituri;
11. Calls on the Government of the Democratic Republic of the Congo, other governments in the region should it be appropriate, to the United Nations Mission in the Democratic Republic of the Congo (MONUC) and to the Group of Experts, which cooperate intensively, including by means of the exchange of information with regard to arms shipments, illegal traffic of natural resources and activities of individuals or entities designated by the Committee as paragraph 4 and 5 above;
12. Calls in particular for MONUC to share information with the Group of Experts, especially on the support received from the armed groups, on the recruitment and use of children and the victimization of women and children in conflict situations armed;
13. It further requires that all parties and all states ensure the cooperation of individuals and entities with the Group of Experts, within their jurisdiction or under their control;
14. Reiterates its demand, as expressed in paragraph 21 of Resolution 1807, that all parties and all States, particularly those in the region, cooperate entirely with the work of the Group of Experts, and to ensure:
-the safety of its members;
Unrestricted and immediate access, in particular to persons, documents and places that the Group of Experts consider relevant for the execution of its mandate;
15. Encourages Member States to take action, as they deem appropriate, to ensure that importers, prosecuting industries and consumers of Congolese mineral products under their jurisdiction, exercise due diligence over their suppliers and on the origin of the minerals they acquire;
16. Encourages Member States to submit to the Committee for further inclusion in their list of nominees, the names of individuals and entities that meet within the criteria set out in paragraph 4 above, as well as any entity under possession or control, direct or indirect, by individuals and entities acting in favor or in the direction of the submitted entities;
17. It decides that by proposing names to the Committee for listing, Member States should provide detailed case statement, together with sufficient identifying information to enable positive identification of individuals and entities by the States Members, and further decide that for each proposal the Member States should identify the parts of the case statement that may be published, including for use by the Committee in the development of the summary described in paragraph 18 below or with the purpose of notifying or informing the listed individuals or entities, and those parties that may be published under requisition of the States concerned;
18. Directs the Committee in coordination with the designated relevant States and with the assistance of the Group of Experts mentioned in paragraph 8 above, which after a name is added to the list, should make available on the Committee's website a narrative summary of the listing reasons and further directs that the Committee, with assistance from the Group of Experts and in coordination with the designated relevant States, update the reasons for published listings and the identifying information of the individuals and entities referred to in paragraph 5;
19. It decides that the Secretariat shall, after publication but within a week after the addition of a name to the list of individuals and entities, notify the Permanent Mission of the country or countries where the individual or entity appears to be located and in the case of individuals, the country of which this person is a national (as far as this information is known) and include in this notification a copy of the portion of the published case statement, any available information on the reasons for listing on the Committee's website, a description of the effects of the designation, the Committee's procedures for considerations of mislistings and the provisions regarding the exemptions available;
20. It requires Member States receiving notifications as per paragraph 19 above to take, in accordance with their domestic laws and practices, all possible measures to notify or inform on time the individual or entity listed outside the designation, together with the information provided by the Secretariat as set out in paragraph 19 above;
21. Welcomes the establishment within the Focal Point Secretariat, as per resolution 1730 (2006), which provide the listed individuals, groups, tasked or entities with the option to submit a petition for dislisting directly to the Point Focal;
22. Calls on the designated States and the states of citizenship and residence to review the unlisting petitions received through the Focal Point, in concordance with the procedures highlighted in the Annex to resolution 1730 (2006), within the time frame and the indicate whether these support or oppose the application in question, so as to facilitate the review of the Committee;
23. Directs the Committee to consider requests, in concordance with its guidelines, for the removal of the list of nominees of the Committee, of those who no longer fit the criteria as they appear in this resolution;
24. Decides that the Secretariat shall, within one week after the name is removed from the designated list of the Committee, notify the Permanent Mission of the country or countries where individuals or entities appear to be located and, in the case of individuals, to the country of which the person is national (as far as this information is known), and requires states receiving such notification to take action, in concordance with their domestic laws and practices, to notify or inform the individuals or entities concernnents of the unlistings within the time frame;
25. Encourages the Committee to ensure that there are transparent and fair procedures for adding and removing individuals and entities on the Committee's designated list, as well as to ensure humanitarian exemptions;
26. Decides that, when appropriate and not after November 30, 2009, it should review the measures stated in this resolution, with the aim of adjusting them, as appropriate, in light of the consolidation of the security situation of the Democratic Republic of the Congo, in particular the progress of reform in the security sector including the integration of armed forces and the reform of the national police, and in disarming, demobilizing, repatriating, renewing and reintegrating, as appropriate, Congolese armed groups and foreigners;
27. Decides to continue to actively occupy the issue.
