Mandate

In its resolution 2301 adopted on 26 July, the Security Council decidesthat MINUSCA's mandate should be implemented based on a prioritization of tasks established in paragraphs 33 to 36 of this resolution, and, when relevant, in a phased manner, and further requests the Secretary-General to reflect this prioritization in the deployment and in the allocation of resources to the mission;

The Security Council further requests the Secretary-General to reflect this prioritization in the deployment and in the allocation of resources to the mission;

Acting under Chapter VII of the Charter of the United Nations, the Security Council authorized MINUSCA to take all necessary means to carry out its mandate, within its capabilities and its areas of deployment.

Immediate priority tasks:

  1. Protection  of civilians
     
  • To protect, without prejudice to the primary responsibility of the CAR authorities and the basic principles of peacekeeping in line with S/PRST/2015/22, the civilian population from threat of physical violence, within its capabilities and areas of deployment, especially through maintaining a proactive deployment, a mobile and flexible posture, and active patrolling, including in areas of displacement and eventual return as well as at risk communities, while mitigating risks to civilians posed by its military and police operations;
  • To provide specific protection for women and children affected by armed conflict, including through the deployment of Child Protection Advisers, Women Protection Advisers and Gender Advisers;
  • To identify and report threats to and attacks against civilians and implement prevention and response plans and strengthen civil-military cooperation;
  • To fully implement and deliver, in close consultation with humanitarian and human rights organizations and other relevant partners, the mission-wide protection of civilians strategy;
     
  1. Promotion and protection of human rights

 

  • To monitor, help investigate, and report publicly and to the Security Council on violations of international humanitarian law and on violations and abuses of human rights committed throughout the CAR, including undertaking a mapping of such violations and abuses since 2003 1o inform efforts to fight impunity:
  • To monitor, help investigate and report on violations and abuses committed against children and women, including rape and other forms of sexual violence in armed conflict;
  • To assist the CAR authorities in their efforts to protect and promote human rights and prevent violations and abuses, including through the establishment of a national human rights commission and to strengthen the capacity of civil society organizations;

 

(c)Facilitate the creation of a secure environment for the immediate, full, safe and unhindered delivery of humanitarian assistance

To improve coordination with humanitarian actors, in order to facilitate the creation of a secure environment for the immediate, full, safe and unhindered, civilian-Fed delivery of humanitarian assistance, in accordance with United Nations guiding humanitarian principles and relevant provisions of international law, and for the voluntary safe, dignified and sustainable return or local integration or resettlement of internally displaced persons or refugees in close coordination with humanitarian actors;

 

  1. Protection of the United Nations

To protect the United Nations personnel, installations, equipment and goods and ensure the security and freedom of movement of United Nations and associated personnel;

Core priority tasks:

 

  1. Support for the reconciliation and stabilization political processes, the extension of State authority and the preservation of territorial integrity

 

  • To provide good offices and technical expertise in support of efforts to address the root causes of conflict, in particular in mediation and reconciliation processes, inclusive national dialogue, transitional justice and conflict-resolution mechanisms, working with relevant regional and local bodies and religious leaders, while ensuring the full and effective participation of women in line with the CAR action plan on Women, Peace and Security;
  • To support efforts of the CAR authorities to address marginalization and local grievances, including through dialogue with the armed groups, civil society leaders including women and youth representatives, and by assisting national, prefectoral and local authorities to foster confidence among communities;
  • To support a gradual handover of security of key officials, and static guard duties of national institutions, to the CAR security forces, in coordination with the CAR Authorities, and based on the risks on the ground;
  • To advise the government in its engagement with neighbouring countries, the ECCAS, and the AU, in consultation with UNOCA;
  • To promote and support the rapid extension of State authority over the entire territory of the CAR, including by supporting the immediate redeployment of police and gendarmerie in priority areas and main supply routes, which would contribute to the development of stable security institutions in more remote areas;
  • To reinforce co-location of MINUSCA with vetted and trained national police and gendarmerie in agreed priority areas, as part of the deployment of the territorial administration and other rule of law authorities, for increasing State presence in these priority areas outside of Bangui;
  • To help the CAR authorities in developing and implementing a nationally-owned strategy to address illegal taxation and illicit exploitation of natural resources related to the presence of armed groups;
  • To actively seize, confiscate and destroy, as appropriate, the weapons and ammunitions of armed elements, including all militias and other non-state armed groups, who refuse or fail to lay down their arms;
     
  1. Security Sector Reform (SSR)
     
  • To provide strategic and technical advice to the CAR authorities to design and implement a strategy for the SSR, taking into account the work done by EUMAM-RCA and in close coordination with EUTM-RCA, and with the aim of ensuring coherence of the SSR process, including through a clear delineation of responsibilities of the FACA, the internal security forces, and other uniformed entities, as well as the democratic control of both defence and internal security forces;
  • To support the CAR authorities in developing an approach to the vetting of defence and security elements (FACA, police and gendarmerie) which includes human rights vetting, in particular to promote accountability of violations of international and domestic law amongst security forces and in the context of any integration of demobilized armed groups elements into security sector institutions;
  • To take a leading role in supporting the CAR authorities on the reform and development of the police and the gendarmerie, through the design and implementation of a capacity-building and development plan, undertaken pursuant to an overall security sector reform strategy, and by providing technical assistance, in close coordination with other technical assistance providers, to the CAR Government;
  • To support the CAR government in developing an incentive structure for police and gendarmerie and the selection, recruitment, vetting and training of police and gendarmerie to include at least 500 new police and gendarmerie elements, with the support of donors and the United Nations Country Team (UNCT), taking into account the need to recruit women, and in full compliance with the UN Human rights due diligence policy (HRDDP); 
  • To coordinate the provision of technical assistance and training between the international partners in the CAR, in particular with EUTM-RCA, in order to ensure a clear distribution of tasks in the field of SSR, for the benefit of both the FACA and the CAR internal security forces (police and gendarmerie);
  • To coordinate with the CAR authorities in designing a plan for the progressive, and coordinated re-operationalization of FACA and other internal security forces within the framework of the SSR programme and in compliance with the HRDDP, in close coordination with EUTM-RCA;

 

(c)Disarmament, Demobilization, Reintegration (DDR) and Repatriation (DDRR)

 

  • To support the CAR Authorities in developing and implementing an inclusive and progressive programme for the disarmament, demobilization and reintegration (DDR) and, in case of foreign elements, Repatriation (DDRR), of members of armed groups, based on the Principles of DDRR and Integration into the Uniformed Corps, signed at the Bangui Forum on l0 May 2015, while paying specific attention to the needs of children associated with armed forces and groups;
  • To support the CAR authorities in undertaking an inclusive dialogue on community security and local development with members of armed groups and other national stakeholders, including representatives of local communities, with a view to addressing the root causes of conflict;
  • To support the CAR authorities and relevant civil society organizations in developing and implementing Community Violence Reduction programmes for members of armed groups non-eligible for participation in the national DDRR programme;
  • To provide technical assistance to the CAR authorities in developing and implementing a national plan for the integration of eligible demobilized members of armed groups into the security and defence forces, in line with the broader SSR agenda;
  • To provide technical assistance to the CAR authorities in their development and operationalization of a national commission for Small Arms and Light Weapons to address civilian disarmament and the fight against the illicit proliferation of small arms and light weapons;
  • To destroy, as appropriate, the weapons and ammunitions of disarmed combatants in keeping with its effort to seize and collect arms and related materiel the supply, sale or transfer of which violate the measures imposed by paragraph 1 of resolution 2262 (2016);

 

(d) Assistance to advance the rule of law and combat impunity

 

Urgent temporary measures:

 

  • To urgently and actively adopt, within the limits of its capacities and areas of deployment, at the formal request of the CAR Authorities and in areas where national security forces are not present or operational, urgent temporary measures on an exceptional basis and without creating a precedent and without prejudice to the agreed principles of peacekeeping operations, which are limited in scope, time-bound and consistent with the objectives set out in paragraphs 33, 34 (a) and 35 (a), to arrest and detain in order to maintain basic law and order and fight impunity;
  • To pay particular attention, in implementing the urgent temporary measures in the conditions stated above, to those engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the political process, or the stabilization and reconciliation process, or that fuel violence;
  • Requests the Secretary-General to continue to report to the Security Council any measures that may be adopted on this basis; 

 

Fight against impunity, including the Special Criminal Court (SCC):

 

  • To provide technical assistance to the CAR Authorities to identify, investigate and prosecute those responsible for crimes involving violations of international humanitarian law and of violations and abuses of human rights committed throughout the CAR so that they can be brought to justice, and to help prevent such violations and abuses;
  • To provide support and to coordinate international assistance to the justice and correctional institutions to reinstate the criminal justice system, within the framework of file United Nations global focal point on rule of law, in a manner that emphasizes civilian oversight, impartiality and the protection of human rights;
  • To provide technical assistance to the CAR Authorities in partnership with other international partners, to operationalize of the SCC consistent with CAR laws and jurisdiction and in line with the CAR's international humanitarian law and international human rights law obligations, with the aim of supporting the extension of State authority;
  • To provide technical assistance, in partnership with other international partners, and capacity building for the CAR authorities, in order to facilitate the functioning of the SCC, in particular in the areas of investigations, arrests, detention, criminal and forensic analysis, evidence collection and storage, recruitment and selection of personnel, court management, prosecution strategy and case development and the establishment of a legal aid system, as appropriate, as well as, to provide security for magistrates, including at the premises and proceedings of the SCC, and take measures for the protection of victims and witnesses, in line with the CAR's international human rights obligations, including with respect to fair trials, and due process;
  • To assist in the coordination and mobilization of bilateral and multilateral support to the operationalization and functioning of the SCC;

 

Essential tasks:

 

(a) Support for national and international justice and the rule of law

  • To help reinforce the independence of the judiciary, build the capacities, and enhance the effectiveness and accountability of the national judicial and penitentiary system;
  • To help build the capacities of the national human rights institution coordinating with the Independent Expert on human rights as appropriate;
  • without prejudice to the primary responsibility of the CAR authorities, to support the restoration and maintenance of public safety and the rule of law, including through apprehending and handing over to the CAR authorities, consistent with international law, those in the country responsible for crimes involving serious human rights violations and abuses and serious violations of international humanitarian law so that they can be brought to justice, and through cooperation with States of the region as well as the ICC in cases of crimes falling within its jurisdiction;
  • To provide strategic, policy and technical advice to the CAR authorities to design and implement a comprehensive strategy for transitional justice;

(b) Illicit exploitation and trafficking of natural resources

To support the CAR authorities to develop a nationally-owned strategy to tackle the illicit exploitation and trafficking networks of natural resources which continue to fund and supply armed groups in the CAR taking into account, where appropriate, the reports of the Panel of Experts established pursuant to resolution 2127 (2013) and the decisions of the Kimberley Process (KP), with the aim of extending the State authority over the entire territory and its resources;

Additional tasks:

  • To coordinate international assistance as appropriate;
  • To assist the Committee established pursuant to paragraph 57 of resolution 2127 (2013) and the Panel of Experts established by the same resolution, including by passing information relevant to the implementation of the mandate of the Committee and Panel of Experts;
  • To monitor the implementation of the measures renewed and modified by paragraph 1 of resolution 2262 (2016), in cooperation with the Panel of Experts established pursuant to resolution 2127 (2013), including by inspecting, as it deems necessary and when appropriate without notice, all arms and related materiel regardless of location, and advise the Authorities on efforts to keep armed groups from exploiting natural resources;
  • To seize and collect arms and any related materiel the transfer of which to the CAR violates the measures imposed by paragraph 54 of resolution 2127 (2013) and to record and dispose of such arms and related materiel as appropriate;
  • To provide transport for relevant State authorities in carrying out inspections and monitoring visits in key mining areas and sites as appropriate and on a case by case basis and when the situation allows, as a means to promote and support the rapid extension of the State authority over the entire territory;