52 political and security questions chapter vii › depts › dhl › dag › docs ›...

52 POLITICAL AND SECURITY QUESTIONS

CHAPTER VII

QUESTIONS RELATING TO THE SITUATION IN THE REPUBLIC OFTHE CONGO (LEOPOLDVILLE)

POLITICAL DEVELOPMENTS

The United Nations undertook action with re-gard to the situation in the Republic of theCongo (Leopoldville)1 shortly after this formerBelgian-administered territory gained independ-ence, when difficulties developed in connexionwith the maintenance of law and order and theBelgian Government sent its troops to theCongo. Acceding to a request of the CongoleseGovernment, the United Nations embarked onthe biggest single military assistance operationorganized and directed by itself. The progressof the operation, the problems encountered inthe achievement of its purposes and the develop-ment of the situation in the Congo were thesubject of discussion not only in the SecurityCouncil which initiated the action, but also atthe fourth emergency special session of the Gen-eral Assembly in September 1960 and the As-sembly's fifteenth regular session during theperiods 20 September-20 December 1960 and7 March-21 April 1961.

CONSIDERATION BY SECURITYCOUNCIL, JULY-SEPTEMBER 1960

On 13 July 1960, the Secretary-General, act-ing under Article 99 of the United NationsCharter (which authorizes him to "bring to theattention of the Security Council any matterwhich in his opinion may threaten the mainte-nance of international peace and security"),asked for an urgent meeting of the SecurityCouncil so that he might report on a demandfor United Nations action in relation to theRepublic of the Congo. By cables of 12 and 13July, the President of the Republic and itsPrime Minister had asked him for the urgentdespatch of military assistance in order to pro-tect Congolese national territory, complainingthat the arrival of Belgian metropolitan troopsin the Congo constituted aggression and that theprovincial authorities of Katanga had declaredsecession as a result of "colonialist machina-tions."

At a meeting of the Security Council held onthe night of 13-14 July, the Secretary-General

observed that the only sound and lasting solu-tion to the difficulties which had developed inthe Congo was for the instruments of the Gov-ernment, particularly its security administration,to be rendered capable of ensuring the mainte-nance of order and the protection of life. Tech-nical assistance, which he had already under-taken at the request of the Congolese Govern-ment, would, however, take some time toproduce satisfactory results. For the intermedi-ary period, he strongly recommended that theCouncil accede to the request for military assist-ance and authorize him to take the necessarysteps in consultation with the Congolese Govern-ment. It would then be understood that theBelgian Government would see its way to awithdrawal of its troops.

If his recommendation were accepted, theSecretary-General indicated, his actions wouldbe based on principles he had set out in a reportof 1958 on previous experience in this field (is-sued in connexion with the United NationsEmergency Force) .2 The United Nations Forcein the Congo would not be authorized to actionbeyond self-defence; it would not take anyaction which would make it a party to internalconflicts in the country; and the selection ofpersonnel for the Force would be such as toavoid complications because of nationalitiesused. He intended to obtain, in the first place,units from African nations, and to excludeunits from any of the permanent members ofthe Security Council.

The Tunisian representative proposed a draftresolution whereby the Security Council wouldcall upon Belgium to withdraw its troops fromthe Congo and would authorize the Secretary-General to take the necessary steps, in consulta-tion with the Congolese Government, to providethat Government with the necessary military

1 Unless otherwise indicated, all references to theRepublic of the Congo in this section relate to thestate, formerly under Belgian administration, with itscapital at Leopoldville.

2 See Y.U.N., 1958, pp. 52-54.

QUESTIONS RELATING TO THE SITUATION IN THE CONGO (LEOPOLDVILLE) 53

assistance until it felt that through its effortswith the technical assistance of the United Na-tions, the national security forces were able tomeet their tasks fully.f During the discussion which followed, mem-bers of the Council agreed on the need for ap-proving the Secretary-General's recommenda-tion for the provision of military assistance tothe Congo. The representatives of China,France, Italy, the United Kingdom and theUnited States, however, expressed reservationsabout the clause in the Tunisian proposal call-ing for the withdrawal of the Belgian troops,especially in view of the statement by the Bel-gian representative, who had been invited toparticipate in the discussion, that the interven-ing Belgian metropolitan forces would be with-drawn when the United Nations forces were ina position to ensure the maintenance of orderand the security of persons.

The representatives of Poland and the USSR,on the other hand, felt that the Council shouldcondemn the Belgian action as "armed aggres-sion" and call for the "immediate" withdrawalof its troops. The USSR moved two amend-ments to this end, but they were rejected by 7votes to 2, with 2 abstentions. A third USSRamendment—to provide for making military as-sistance by the African United Nations Memberstates available—was rejected by 5 votes to 4,with 2 abstentions.

The Tunisian draft resolution was thenadopted by 8 votes to O, with China, France andthe United Kingdom abstaining.

The Secretary-General took immediate stepsto implement the Council's resolution of 14July.

On 18 July, he submitted his first report onthe matter; several addenda to this report weresubmitted on subsequent dates.

In addition to information on steps taken forthe building of the United Nations Force, hisfirst report contained certain observations onthe interpretation of the mandate given to himby the Council and the lines he had followed inimplementing the authorization given him.

By 20 July 1960, when the Security Councilresumed discussion of the question, the Forcehad been brought up to 12 African and twoEuropean battalions and a number of militaryunits of a smaller size and specialized character.Three thousand five hundred troops had ar-

rived in the Congo. The first contingent of Bel-gian armed forces had left Leopoldville on 16July upon the arrival of the United Nationstroops. Following assurances that contingentsof the Force would arrive in sufficient numbers,the Belgian authorities had agreed to withdrawall their forces from the Leopoldville area by23 July.

The Secretary-General had also taken urgentsteps, with the co-operation of Member statesand the specialized agencies of the United Na-tions, to transport food and fuel supplies to theLeopoldville area, to organize the necessarywork to prevent the silting of the Congo River,and to undertake an emergency health pro-gramme.

Meanwhile, on 17 July, the President and thePrime Minister of the Congo had informed theSecretary-General's representative in the Congothat their Government would regretfully becompelled to request intervention by the USSRif the United Nations seemed unable to accom-plish the withdrawal of Belgian troops by 19

At a meeting of the Security Council on 20July 1960, the Secretary-General expressed hisview that the Organization was at a turn of theroad where its attitude would be of decisivesignificance not only for its own future, butalso for the future of Africa and perhaps theworld. He stressed that his interpretation of theCouncil's resolution of 14 July — namely, thatactions of the United Nations through the Sec-retary-General, in respects covered by this resolu-tion, applied to the whole of the territory of theRepublic of the Congo. He had communicatedthis interpretation to the president of the pro-vincial government of Katanga, Mr. Tshombe.The Secretary-General thought that the Councilmight find it useful to clarify his mandate inconnexion with the withdrawal of Belgiantroops. Though the Council had not requestedhim to take specific steps for that purpose, hisrepresentatives had attempted to ensure the co-ordination of United Nations military assistanceand Belgian withdrawal.

The Security Council then heard statementsby the representatives of the Republic of theCongo and Belgium. The representative of theCongo asked that the Belgian troops be evacu-ated from Congolese national territory as quicklyas possible: He requested the Council to provide


technical assistance to the Congo and not topermit any degree of recognition for an inde-pendent Katanga. He explained that the com-munication of 17 July from his President andPrime Minister testified to a certain impatienceand mistrust which must be seen in its context,and affirmed that his Government continued torely upon the United Nations and was gratefulfor its assistance.

The representative of Belgium argued thatthe limited intervention of Belgian troops, un-dertaken in view of the outrages committed bymutinous Congolese armed mobs against Bel-gian nationals, could not be regarded as aggres-sion. He stated that Belgium had appealed forand supported United Nations assistance, andthat its intervening troops would be withdrawnas soon as, and to the extent that, the UnitedNations effectively ensured the maintenance oforder and the safety of persons.

The USSR submitted a draft resolution call-ing for the immediate cessation of "armed in-tervention" by Belgium in the Congo and thewithdrawal of all troops of the "aggressor" with-in three days, and asking all United NationsMember states to respect the territorial integrityof the Republic of the Congo.

At the next Council meeting, the representa-tives of Ceylon and Tunisia jointly submitted adraft resolution whereby the Council would:(1) call upon Belgium to implement speedilyits resolution of 14 July on the withdrawal ofits troops, and to authorize the Secretary-Gen-eral to take all necessary action to that effect;(2) request all states to refrain from any actionwhich might tend to impede the restoration oflaw and order and the exercise by the CongoleseGovernment of its authority, or any action whichmight undermine the territorial integrity and thepolitical independence of the Congo; (3) com-mend the Secretary-General for the promptaction he had taken to carry out the resolutionof 14 July; and (4) invite the specialized agen-cies to render such assistance as the Secretary-General might require.

During the discussions which took place atthe Council meetings on 20 and 21 July 1960,several members opposed unilateral interventionin the Congo. In particular, they referred to astatement of the Chairman of the Council ofMinisters of the USSR—in a letter to the PrimeMinister of the Congo—that the Soviet Union

would not refrain from taking resolute measuresto stop the "imperialist aggression" against theCongo if it continued, and that it would extendto the Congolese Government whatever assist-ance might be necessary for the victory of its"just cause." The United States representativedeclared that no troops should be introducedinto the Congo other than those requested bythe Secretary-General pursuant to the SecurityCouncil resolution. The United States, withother Member states, would do whatever mightbe necessary to prevent the intrusion of anyother military forces, he said.

On the night of 21-22 July, the Council ac-corded priority to the draft resolution of Ceylonand Tunisia, which it adopted unanimously.The representative of the Congo thanked themembers for the unanimous decision. TheUSSR representative told the Council that hewould not press for a vote on his draft resolu-tion. He expressed the view that the Secretary-General should take all measures to ensure Bel-gian troop withdrawal within a few days andthat, while the United Nations Force shouldsafeguard the territorial integrity of the Congo,the responsibility for domestic law and orderrested with the Congolese Government alone.The representative of France stated that theresolution was not to be interpreted as implyingcriticism of Belgium.

Meanwhile, the building up of the UnitedNations Force continued, its strength increasingto over 8,000 by 25 July and to over 11,000 by31 July 1960. A basic agreement between theUnited Nations and the Congolese Governmenton the operation of the Force was initialled on27 July and circulated as a Security Councildocument (S/4389/Add.1).

While the United Nations Force assumed itsfunctions in most regions of the Republic andensured withdrawal of Belgian troops, the entryof the Force into Katanga province was de-layed. On 31 July 1960, the Prime Minister ofthe Congo expressed his Government's seriousconcern that the entry of the Force into Ka-tanga had been opposed by Belgium in order tostrengthen the secession movement. During thenext few days, Ghana, Guinea and the USSRsent communications to the Council criticizingthe attitude of the Belgian Government andcalling for the entry of the Force into Katanga.The Presidents of Ghana and Guinea stated that


their Governments would provide direct assist-ance to the Congolese Government if the UnitedNations failed to act. The USSR Governmentalleged that the Security Council decisions werenot being carried out, protested that troops ofsome of Belgium's allies had been included inthe United Nations Force, and demanded thatall Belgian troops be removed from the Congo,including Katanga, by recourse to whatevermethod of action proved necessary. It called forthe replacement of the Command of the Forcein the event of its continued failure to dischargeits duties steadfastly, and also of any contingentswhich proved unable to ensure the expulsion ofthe interventionist troops.

On 6 August 1960, the Secretary-Generalsubmitted a second report on the implementa-tion of the Council's resolutions of 14 and 22July, with particular reference to Katanga. Hesaid that the Belgian Government had acceptedhis interpretation that the resolutions appliedto Katanga province, and had assured him thatit did not oppose their execution in Katanga.Accordingly, plans had been made for the des-patch of the first United Nations military unitsto Katanga on 6 August. However, on 3 August,Mr. Tshombe, president of the provincial gov-ernment of Katanga, had informed the Secre-tary-General that his government was deter-mined to resist the Central Government and thedespatch of the United Nations Force to Katan-ga. The representative of the Secretary-General,Dr. Ralph J. Bunche, who had visited Elisabeth-ville on 4 August, had reported that the arrivalof United Nations troops was likely to encounterarmed opposition. Since it appeared that entryinto Katanga would have to be achieved byforce, and since the Force was not entitled tosuch military initiatives, the Secretary-Generalcancelled the operation and asked for furtherconsideration of the matter by the SecurityCouncil.

The Secretary-General thought that the diffi-culty was not in the Belgian attitude as statedto him, nor in the wish of the provincial authori-ties to secede from the Republic. The provincialauthorities felt that United Nations participa-tion in the control of security in Katanga mightsubmit the province to the immediate controland authority of the Central Government andthus seriously jeopardize their possibility to workfor constitutional solutions other than a strictly

unitary one. The Secretary-General thoughtthat Security Council action to make it clearthat the United Nations did not seek to influ-ence the solution of internal political problems,and to ensure effective separation of the consti-tutional questions from questions relating to thepresence of the Force, might facilitate a speedyimplementation of previous resolutions in regardto Katanga.

On 7 August, the Prime Minister of the Congoasked for the despatch of United Nations troopsto Katanga without delay and proposed that theCouncil send, within the next 24 hours, a groupof observers from certain Asian and AfricanStates to ensure the strict application of thedecisions concerning the withdrawal of Belgiantroops from the whole Congolese national terri-tory.

At a meeting of the Security Council, con-vened on 8 August 1960 to consider the Secre-tary-General's second report, the Secretary-General drew attention to the main difficultiesencountered in implementing the Council reso-lutions, the growing impatience of the CentralGovernment, the spreading of distrust and thethreat of unilateral action by contributing Gov-ernments. He was convinced, however, that itwas possible to achieve a solution which wouldpreserve the unity of the Congolese people,while protecting their democratic rights to in-fluence the constitution of the republic, andensure the speediest possible withdrawal of Bel-gian troops whose presence was now the maincause of continued danger. Stating that theimmediate achievement of such a solution wasa question of peace or war, he expressed thehope that the United Nations, in view of Ar-ticles 25 and 49 of the Charter, could count onactive support from the Governments directlyconcerned and expect the local authorities toco-operate. He suggested that the SecurityCouncil state explicitly that its resolutions ap-plied fully also to Katanga, request the imme-diate and active support of all Member Govern-ments, and formulate principles for United Na-tions presence which would safeguard demo-cratic rights in the Congo. The speedy andcomplete withdrawal of the Belgian troopsmight then be ensured and the basic unity ofthe Congo made manifest in the presence of theUnited Nations all over its territory.

At a second Council meeting on 8 August,


Ceylon and Tunisia submitted a joint draft reso-lution whereby the Council would: (1) con-firm the authority given to the Secretary-Gen-eral by the Council's resolutions of 14 and 22July; (2) call upon the Belgian Governmentto withdraw immediately its troops from Ka-tanga under speedy modalities determined bythe Secretary-General and to assist in everypossible way the implementation of the Council'sresolutions; (3) declare that the entry of theUnited Nations Force into the province of Ka-tanga was necessary; (4) reaffirm that theUnited Nations Force in the Congo would notbe a party to or in any way intervene in or beused to influence the outcome of any internalconflict, constitutional or otherwise; and (5)call upon all Member states to accept and carryout the decisions of the Council in accordancewith Articles 25 and 49 of the United NationsCharter.

The USSR submitted a draft resolutionwhereby the Council would: (1) note that theBelgian Government was grossly violating thedecisions of the Security Council; (2) ask theSecretary-General to take decisive measures andany means to remove Belgian troops from theCongo and to put an end to acts directed againstits territorial integrity; and (3) instruct him toreport within three days on the measures takento implement this decision.

The USSR representative charged that theBelgian Government was conducting a policyof dismemberment of the Congo with thewide support of its allies. While paying duetribute to the energy and efforts of the Secre-tary-General, he criticized the United NationsCommand for not sending troops into Katangadespite the repeated requests of the CentralGovernment. He argued that the United Na-tions Force had the right and the obligation toremove obstacles to the performance of its du-ties, including the use of any means to removearmed resistance. He indicated that his Govern-ment was prepared to co-operate with otherMember states to halt aggression in the Congo,but that, if the aggression continued, it couldnot disregard appeals from the Congolese Gov-ernment for assistance.

In reply to the USSR statement, the Secre-tary-General stated that the entry of the UnitedNations Force into Katanga had been stoppedbecause of the limits to the Secretary-General's

authority, indicated in his first report which hadbeen commended by the Security Council. Hepointed out, moreover, that the Force had beenestablished to assist the Central Government inthe maintenance of order, and not to be usedas a political instrument.

During the discussion, several members of theCouncil expressed satisfaction with the progressof withdrawal of Belgian troops from five of thesix provinces of the Congo and with the civilianoperations undertaken by the United Nations.They agreed with the Secretary-General's inter-pretation of the mandate of the Force and ex-pressed concern over the threats of unilateralintervention by other Powers in the Congo.The representative of the Congo expressedagreement with the Secretary-General's positionas the only way out of the deadlock in theCongo. The representative of Belgium reiter-ated that Belgian troops in Katanga would notoffer any resistance to the United Nations troopsand would be withdrawn as soon as the Secre-tary-General could assure the safety of Belgiannationals.

The joint draft resolution of Ceylon and Tu-nisia was then adopted by 9 votes to O, withFrance and Italy abstaining. The USSR didnot press for a vote on its draft resolution.

The representatives of France and Italy ex-plained that they had abstained because theresolution did not provide clearly that the with-drawal of Belgian troops should occur only inconjunction with the ability of the United Na-tions Force to ensure law and order. The UnitedKingdom representative stated that he hadvoted in favour of the resolution because of thestatements by the representative of Ceylon andthe Secretary-General that it would be imple-mented with due regard to the need for continuedmaintenance of law and order. The representa-tives of the USSR and Poland said that theyvoted for the resolution on the understandingthat it was to ensure the immediate and uncon-ditional withdrawal of Belgian forces, the im-mediate entry of the United Nations Force intoKatanga regardless of any obstacles, and thehalting of actions against the territorial integrityof the Congo. The representative of Polandadded that bilateral relations between the Congoand any other state could not be excluded.

Soon after the Security Council had taken itsdecision, the Secretary-General sought and re-


ceived an assurance from the Congolese PrimeMinister that his Government would fully co-operate in its implementation. On 10 August,the Secretary-General transmitted to the CentralGovernment of the Congo, and to the Katangaprovincial government, a memorandum on theinterpretation of the provision in the resolutionthat the United Nations Force would not be aparty to or in any way intervene in or be usedto influence the outcome of any internal con-flict in the Congo. Noting that, de facto, theKatanga provincial government was in activeopposition to the Central Government in orderto achieve certain political aims, he indicatedthat the Force could not be used on behalf ofthe Central Government to subdue or force theprovincial government to a specific line of ac-tion. The United Nations facilities could not beused to transport civilian or military representa-tives of the Central Government to Katangaagainst the decision of the provincial govern-ment. The United Nations Force would have no

d u t y or right to protect civilian or militarypersonnel of the Central Government in Ka-tanga beyond what followed from its generalduty to maintain law and order. These conclu-sions would also apply regarding the provincialgovernment in its relations with the CentralGovernment. The Secretary-General stated thatthis interpretation was not subject to negotia-tions but could be contested before the SecurityCouncil.

After consultation in New York with theCongolese delegation, headed by Vice-PremierGizenga, the Secretary-General left for Elisa-bethville, Katanga, for an exchange of viewswith the provincial authorities, making it clearthat there could be no question of conditions orof an agreement with them. He made arrange-ments for the deployment of the Force in Ka-tanga, under the Command in Leopoldville and,arriving in Leopoldville on 14 August, sought ameeting with the Central Government to reporton the action taken.

The Prime Minister ignored the request for ameeting. In letters of 14 and 15 August, he con-tested the Secretary-General's memorandum of10 August, claiming that, under the SecurityCouncil resolutions, the United Nations was notto be neutral but was required to place its re-sources at the disposal of the Central Govern-ment. The Force could therefore be used to

subdue the rebel government of Katanga. Heprotested against the Secretary-General's visitto Elisabethville on the ground that the Secre-tary-General had no authority to deal with theprovincial government except in consultationwith the Central Government. Making severalallegations with regard to the United Nationsactions, he indicated that his Government hadlost its confidence in the Secretary-General andwould request the Security Council to send tothe Congo a group of observers from certainAsian and African countries to ensure the imme-diate and entire application of its resolutions.

On 20 August, the Prime Minister of theCongo complained to the Security Council thathis request for a United Nations aircraft and amilitary detachment to enable his Government'srepresentatives to proceed to Elisabethville hadbeen rejected by the Special Representative ofthe Secretary-General on the ground that suchassistance was contrary to the Secretary-Gen-eral's interpretation of the Council resolutionof 9 August. The Council of Ministers of theCongo felt that this refusal of military assistanceconstituted a tacit recognition of Katanga's se-cession and a violation of the Security Councilresolutions. They asked the Security Council torecommend that the Secretary-General shoulddeal exclusively with the Central Government,that the national forces of the Republic shouldpolice the airports and seaports, that aircraftshould be placed at the disposal of the CentralGovernment to transport Congolese to any partof the country, that the weapons and ammuni-tion distributed by the Belgians to the supportersof Mr. Tshombe should be seized immediatelyand that all Belgian troops should be withdrawnfrom the Congo, including the Kamina andKitona bases.

At a meeting of the Security Council, held on21 August at his request, the Secretary-Generalnoted that when the unity of the Congo hadbeen manifested by the presence of the UnitedNations Force all over the Republic under aunified command and when the complete with-drawal of Belgian troops was under way, theactions and attitudes of the United Nations andits Secretary-General had come under severecriticism from the Prime Minister of the Congo,and that this criticism had been followed by aseries of actions which gave an impression ofdeep distrust and hostility fomented for political


ends. He explained that his visit to Elisabeth-ville had been undertaken after informing theCongolese delegation, which had raised no objec-tions. His contacts with Mr. Tshombe involvedno agreements or discussion of conditions, butmerely an explanation of the functions, rightsand duties of the United Nations Force.

He reported that the Belgian Governmenthad given formal assurances that all combattroops would be evacuated by 29 August. Thedelay in the evacuation of non-combat person-nel from the Kamina and Kitona bases was notdue to Belgian resistance but to the responsibilitythat the United Nations would assume for themaintenance of the substantial Congolese popu-lation dependent on the bases. With the with-drawal of Belgian troops and barring a riskfrom any new developments, the Congo situa-tion would cease to be a threat to internationalpeace and security. Attention could then befocussed on the construction of the state andthe laying of foundations for a balanced poli-tical, economic and social life for the people.While it was for the Congolese people to createthe political structure which would provide astable and constructive government, the UnitedNations could assist them and protect normalcivilian life.

The Secretary-General felt that his interpreta-tion of the role of the United Nations Force,which had been challenged by the CongolesePrime Minister, seemed incontestable in thelight of the legal history of the matter. Therewas no reason for the Council to confirm hisinterpretation, though any members who dis-agreed with it could propose their interpretationfor the Council's consideration.

Finally, the Secretary-General stated that heintended to invite representatives of Govern-ments contributing contingents to the UnitedNations Force to serve as members of an ad-visory committee3 similar to that established inconnexion with the United Nations EmergencyForce in the Middle East.

The representative of the Congo urged theSecurity Council to accept his Government'ssuggestions, to see that its resolutions were notused in their implementation as weapons againstthe Congolese people, and to ensure the disarm-ing of all Belgians serving the Katanga provin-cial authorities. He suggested that the Secretary-General should share his responsibilities with a

group set up by the Security Council, and in-cluding members from neutral States of Asiaand Africa, which would work in the Congo inclose collaboration with the Central Govern-ment and the United Nations Command.

During the discussion that followed, severalCouncil members voiced their satisfaction withthe progress of withdrawal of Belgian troops, ex-pressed appreciation of the Secretary-General'sefforts to implement the resolutions, and alsoexpressed complete agreement with his inter-pretation of the resolution of 9 August. Whileappreciating the impatience of the CongoleseCentral Government in connexion with Ka-tanga, some members deplored the form of thePrime Minister's criticism of the Secretary-General. Several members welcomed the Secre-tary-General's intention to create an AdvisoryCommittee at United Nations Headquarters.

The representatives of the USSR and Poland,however, questioned the interpretation of theSecretary-General and argued that it would nothave any legal force unless approved by theSecurity Council. They claimed that the foreign-inspired separatist movement in Katanga couldnot be regarded as an internal matter and thatthe Secretary-General should not have enteredinto contact with anyone apart from the CentralGovernment of the Congo.

The USSR representative proposed a draftresolution whereby the Council would establisha group of representatives to act in conjunctionwith the Secretary-General to ensure the execu-tion of the Council's decisions in daily consulta-tion with the Congolese Government. At theend of the discussion, however, he said that hewould not press it to a vote since a majority ofthe Council was not prepared to support it atthat stage.

In his third report, dated 30 August 1960, onthe implementation of the Security Council'sresolutions, the Secretary-General said that theUnited Nations had taken over full responsi-bility for the administration of the Kamina andKitona bases, as a provisional measure without

3 On 23 August 1960, the Secretary-General invitedthe Permanent Representatives of Canada, Ethiopia,Ghana, Guinea, India, Indonesia, Ireland, Liberia,Mali, Morocco, Pakistan, Sudan, Sweden, Tunisia andthe United Arab Republic to form, under his chair-manship, an Advisory Committee which would becalled on to give advice on the United Nations Opera-tions in the Congo.

prejudice to the rights and claims of the partiesconcerned, and had arranged with Belgium forthe retention of the necessary number of tech-nicians in a civilian capacity. Delays occurred,however, in the withdrawal of Belgian combattroops, allegedly because of misunderstandingsand the inadequacy of means of transport; theyled to several protests by the Secretary-Generaland replies from Belgium between 29 Augustand 23 September 1960.

The Secretary-General soon became con-cerned with the problem of external assistanceto the Central Government and the Katangaauthorities, particularly in view of the SecurityCouncil's request of 22 July to all states to re-frain from any action which might tend toimpede the restoration of law and order andthe exercise by the Congo Government of itsauthority.

On 4 and 8 September, he asked the repre-sentative of Belgium for information on Belgianofficers attached to the Katanga forces andother groups in armed conflict with the CentralGovernment, and on the unloading of Belgianweapons at Elisabethville. The Belgian repre-sentative replied on 9 September that, in addi-tion to Belgian officers who had continuedservice in the Congo under the terms of thetreaty of friendship between Belgium and theCongo, a small number of Belgian experts hadbeen supplied to Katanga's corps de gendar-merie as technical assistance. He claimed thatthe Katanga authorities had the right to recruittheir gendarmerie for the maintenance of order,while refraining from any aggression against theforces of the Central Government, that thewithdrawal of Belgian technical assistance wouldappreciably weaken the forces of order in Ka-tanga, and that such assistance was not contraryto the Council's resolution. He expressed regretthat some light Belgian weapons, ordered onbehalf of the Force publique before 30 June,had been delivered in Elisabethville owing tothe incompetence of an ill-informed official, andassured the Secretary-General that requisitemeasures had immediately been taken to preventrecurrence of such action.

On 5 September, the Secretary-General askedthe USSR delegation for information about thenationality and status of the crews of certaintroop-transporting planes which the USSR hadplaced at the disposal of the Congolese Govern-

59ment, and about 100 trucks which the USSRhad offered to supply to the United NationsForce but had not delivered to the appropriateUnited Nations authorities. Replying on 10September, the USSR delegation expressed sur-prise that the Secretary-General had sought,without any right, to control the relations be-tween the Republic of the Congo and the USSR.It claimed that the Security Council's resolutionshad not restricted the Congo's right to receiveassistance from other states and that USSRassistance to the Congolese Government, in theform of motor vehicles and civil aircraft oper-ated by civilians, was fully consistent with theresolutions.

Meanwhile, constitutional and other develop-ments in the Congo, and United Nations actionsin relation to them, led to resumed discussionby the Security Council between 9 and 16 Sep-tember. These developments are briefly set outbelow on the basis of documents circulated tothe Council, particularly the first progress re-port of 21 September by the Special Representa-tive of the Secretary-General.4

In August, tribal warfare in Kasai province,and to a lesser extent in Equateur province,began to take a large toll of human life and wasfollowed by civil war when the Central Gov-ernment despatched army units to South Kasaiand the northern border of Katanga to putdown secessionist movements. The United Na-tions Force used its best efforts to safeguardlives, halt hostilities, and mitigate other conse-quences of these conflicts.

The Congolese Prime Minister demanded,and used military threats to seek to enforce,the exclusive Congolese control of the airportswhich would have deprived the Force of itsability to guarantee the security of the centresof communication that were indispensable tothe performance of its functions. A demarcationof United Nations and Congolese military func-tions at the airports was worked out with somedifficulty, and negotiations were undertaken foran agreement on the status of the United Na-tions Operations in the Congo (ONUC).

4 Ambassador Rajeshwar Dayal of India was ap-pointed Special Representative of the Secretary-Gen-eral in the Congo and assumed his functions on 8September 1960, succeeding Dr. Ralph J. Bunche,who had been Special Representative at the beginningof the operation.

QUESTIONS RELATING TO THE SITUATION IN THE CONGO (LEOPOLDVILLE)


Soon after, on 5 September, a grave constitu-tional crisis occurred when the Chief of State,Joseph Kasa-Vubu, issued an ordinance revok-ing the Government headed by Patrice Lu m u m -ba and naming the President of the Senate,Joseph Ileo, to form a new governments. Mr.Lumumba, in turn, announced that PresidentKasa-Vubu was no longer Chief of State andcalled upon the people, the workers and thearmy to rise. The Council of Ministers publisheda communique declaring the Chief of State de-prived of his functions, nullifying his ordinance,revoking the Government and accusing him ofhigh treason. On the same night, ONUC closedall major airports to traffic other than that ofthe United Nations on the ground that this stepwas required in the interests of the maintenanceof peace and security, especially in view of thethreat to the United Nations Force from theprospective movement of mutually hostile ele-ments of the army. The next day, it temporarilyclosed the Leopoldville radio station.

On 7 September, the Chamber of Representa-tives, by a vote of 60 to 19, undertook to annulthe decisions whereby the Chief of State and thePrime Minister had dismissed each other fromoffice. On 8 September, the Senate decided bya vote of 41 to 2, with 6 abstentions, and 29absent, against the presidential ordinance. On9 September, the President issued a declarationrejecting these votes on the ground that thedecisions of the Chief of State were not subjectto the approval of the two Houses. On 11 Sep-tember, President Kasa-Vubu and Prime Minis-ter Lumumba sent communications naming twodifferent delegations to appear before the Se-curity Council. On the same day, Mr. Lumum-ba, who had denounced the United Nationsemergency measures as a flagrant interferencein the Congo's internal affairs, attempted toseize the Leopoldville radio station by force andwas prevented from doing so by the UnitedNations guard.

Following statements by the Presidents of thetwo Chambers that the Parliament would un-dertake the surveillance of the normal andpeaceful utilization of the radio station andairports, the United Nations re-opened the radiostation on 12 September. A serious show of forceby the two rival Governments took place at thestation. On 12 and 13 September, the airports

were opened to all peaceful, civilian and human-itarian traffic.

On 12 September, the Chief of State issuedan ordinance proclaiming the composition of anew Government headed by Mr. Ileo. On 13September, a joint session of Parliament con-ferred full powers on Prime Minister Lumumbain a vote which was described by the SpecialRepresentative as somewhat uncertain both asto substance and count. The next day, the Chiefof State issued an ordinance suspending Parlia-ment, and the Presidents of the two Chambersquestioned the validity of this on the groundthat it had been countersigned by Mr. Ileo whohad received no parliamentary investiture. Thatevening, the Chief of Staff of the Army an-nounced that the army was taking power until31 December 1960.

Meanwhile, on 7 September 1960, the Secre-tary-General submitted a fourth report to theSecurity Council dealing mainly with the needfor urgent international financial aid to theCongo and recommending the establishmentwithin the United Nations of an internationalaccount to channel contributions. He pointedout that the reconstruction of a stable publicadministration, the revitalization of business ac-tivity and the provision of employment oppor-tunities had a direct bearing on the restorationof peace and security in the Congo. He felt,however, that neither the United Nations mili-tary and civilian operations nor the proposedfinancial assistance would serve their purposewithout the full co-operation of all responsiblequarters within the Congo. He suggested thatthe Council urge the parties concerned to seeka peaceful solution of internal conflicts, whichhad taken on a particularly serious aspect due toexternal assistance, and clarify the mandate ofthe United Nations Force emphasizing the pro-tection of the civilian population. He thoughtthat it might be necessary temporarily to disarmmilitary units which were an obstacle to the re-establishment of law and order.

On 8 September, the representative of Yugo-slavia asked for an urgent meeting of theCouncil, claiming that a situation threateningto endanger world peace had arisen in the Con-go because of external support to secessionistsand the attempt to overthrow the legal Govern-ment. Such actions, he charged, had been fa-

cilitated by the practices of the United NationsCommand which, under the appearance of non-intervention in internal affairs, had createdgreat obstacles for the Central Government inthe exercise of its sovereign authority over theentire territory of the Republic. On the sameday, Prime Minister Lumumba asked that theCouncil meet in Leopoldville so that the mem-bers could see for themselves the situation al-legedly created by the interference of UnitedNations authorities in the Congo's domesticproblems.

The fourth report of the Secretary-Generaland the communications of Yugoslavia and theCongo were included in the agenda of the Se-curity Council at its meeting on 9 September.A USSR draft resolution to have the Councilhold an immediate special meeting in Leopold-ville was rejected by 6 votes to 3, with 2 ab-stentions.

The Council continued consideration of thequestion at eleven meetings between 9 and 16September 1960. The representatives of Yugo-slavia, Indonesia, Ghana, Guinea, Morocco,Belgium, United Arab Republic, Ethiopia andLiberia were invited to the Council, at theirrequest, during this series of meetings. Thequestion of an invitation to the representativeof the Congo was discussed at the meetings on14 September, as the Chief of State and PrimeMinister Lumumba had designated two differ-ent delegations. Several members felt that theCouncil should, for the time being, not inviteany representative of the Congo, since an invi-tation to one of the delegations would involveinterference in Congolese internal affairs. Aproposal by Poland to invite the delegationnamed by the "Prime Minister" received 3 votesin favour and 8 abstentions, and was notadopted.

At the Council's meeting on 9 September, theSecretary-General said he assumed responsibilityfor the actions of his representatives in theCongo, claiming that they had acted impartiallyduring the constitutional crisis and that theemergency measures concerning airports and theradio had been necessary to ensure the operationof the United Nations in fulfilment of its man-date. He emphasized the dangers created by thefinancial bankruptcy of the Congo; he statedthat the effectiveness of United Nations assist-

61

ance to help ensure the independence of thestate depended on the maintenance of law andorder, the sense of responsibility of the leadersand efforts to solve domestic problems by peace-ful means. The United Nations Force faced adifficult situation as evidenced by the killing ofdefenceless civilians in South Kasai by nationalarmy units which seemed to have broken awayfrom their command, and the equally seriousdevelopments in Katanga.5 Noting that externalassistance had been supplied not only by Bel-gians to Katanga but by others to the CentralGovernment, he said that the Council's aimswould be achieved only if it requested channel-ling all assistance through the United Nations.Though external assistance to the Central Gov-ernment was not covered by explicit requestsin previous resolutions, he thought the use towhich assistance was put was more importantthan form and legal justification.

The representative of Yugoslavia said that theinternal conflicts in the Congo would easily findtheir solutions except for the colonialist inter-ference and outside help to the secessionistleaders. He claimed that the confiscation ofmilitary equipment placed at the disposal ofsecessionists and the removal of foreign person-nel in their armed forces, in co-operation withthe Central Government, would have a perfectlylegal basis. He asked the Council to emphasizethe importance of close co-operation betweenthe United Nations Command and the Congo-lese Central Government.

At the Council's meeting on 14 September,the representative of the USSR claimed thatBelgium had not implemented the resolutions ofthe Council. He charged that the United Na-tions Command and the Secretary-General inperson had not demonstrated the minimum ofobjectivity required in the implementation ofthe Council resolutions, but had taken the sideof the colonialists, impeded the efforts of thelawful Government to restore order and normal-cy, illegally taken control of airports and radio

5 Subsequently, on 18 September 1960, the Secre-tary-General protested to the president of the Katangaprovincial government against the repressive measurestaken by the gendarmerie against Baluba civilians inthe Luena area. He stated that the United NationsForce had the duty to protect the civilian populationand was in such cases not restricted by the rule of non-intervention.



stations and encouraged anti-popular diversion-ist elements. He claimed that assistance by theUSSR to the legal Government of the Congowas in accordance with the Council's resolu-tions and could not be described as interferencein the domestic affairs of the Congo. He criti-cized the fourth report of the Secretary-Generalbecause, he considered, it referred to the CentralGovernment as one of the "parties" in theCongo and because, he said, it suggested thedisarming of its troops. He felt that the Secre-tary-General's proposals would lead to a UnitedNations trusteeship over the Congo. He sub-mitted a draft resolution whereby the Councilwould: (1) invite the Secretary-General andthe United Nations Command to cease inter-ference in the internal affairs of the Congo, toevacuate all airports and hand over the radiostations to the unrestricted control of the Cen-tral Government of the Congo; (2) instruct theSecretary-General to remove the present Com-mand of the United Nations Force; and (3)call upon all Member states to provide theCentral Government with speedy financial andother economic assistance.

The Secretary-General, denying the allega-tions made against him, explained that his pro-posal for the temporary disarming of militaryunits applied to groups which had broken loosefrom their command and turned to irresponsiblemarauding.

The representative of the United States saidthat the United Nations action must be sup-ported so that the Congo would not be subjectedto outside interference and to a contest amongnon-African powers. He charged that the state-ments of the Soviet Union against the Secretary-General and the United Nations Commandwere designed to cover up its own penetrationas evidenced by the despatch of its personneland supplies for military uses into the Congo.He submitted a draft resolution whereby theCouncil would: (1) urge the Secretary-Generalto continue to give vigorous effect to the reso-lutions of the Council; (2) call upon MemberGovernments to make voluntary financial con-tributions to a United Nations Fund for theCongo; (3) urge all parties to the internal con-flicts within the Congo to seek a speedy settle-ment by peaceful means; (4) reaffirm the re-quest to all States to refrain from any actionwhich might tend to impede the restoration of

law and order and in particular to refrain fromsending personnel, supplies or equipment to beused for military purposes into the Congo otherthan through the United Nations; and (5) re-affirm that the United Nations Force shouldcontinue to act to restore and maintain law andorder.

During the discussion on these draft resolu-tions, the representative of Poland supportedthe USSR draft resolution, while the representa-tives of Ecuador, Italy and the United Kingdomlent support to the United States draft reso-lution.

Most members of the Council expressed ap-preciation of the Secretary-General's efforts toimplement the Council's resolutions, defendedthe emergency measures taken by the United Na-tions, favoured the continuation of the UnitedNations operation, called for settlement ofinternal conflicts by peaceful means, and op-posed unilateral intervention by other Govern-ments in the Congo. The creation of a UnitedNations Fund for the Congo was supported byeight members, and the representative of Francesuggested that the matter might be studied indetail by the General Assembly.

The representative of Tunisia criticized Bel-gium for failing to implement the Council'sresolutions fully and expressed regret that oneof the permanent members of the Council hadprovided means of transport to the CentralGovernment at the risk of intensifying the coldwar in the Congo. He suggested that the Coun-cil might establish a group to provide goodoffices in order to restore unity among Congolesepolitical leaders within the framework of con-stitutional legality. The representative of Ceylonsupported the Tunisian suggestion, while therepresentative of Poland said that he could notsupport it, at the moment, since it might implythe existence of equal parties to the conflict andadd to the confusion.

The representatives of Ghana, Indonesia,Morocco, the United Arab Republic and Yugo-slavia, who had been invited to participate inthe Council's debate, at their request, claimedthat continued Belgian intervention, particularlyassistance to dissident elements, was a majorsource of the difficulties. They criticized theUnited Nations emergency measures, called forsupport of the Central Government in its effortsto maintain territorial integrity, favoured con-

tinuation of the United Nations operation andfelt that assistance to the Congo should be pro-vided through the United Nations and utilizedwith the co-operation of the Central Govern-ment, in order to avoid international rivalriespenetrating the area.

Several of these representatives expressed ap-preciation to the Secretary-General for his ef-forts, and argued that the Council must respectthe Lumumba Government since it had receivedthe Parliament's confidence. The representativesof Ghana and Yugoslavia called for the dis-arming of all armed forces other than theNational Army. The representative of Ghanasuggested that the Council should state clearlythat the law and order which it had pledged tomaintain was that embodied in the Loi fonda-mentale and as represented by the Central Gov-ernment, and that the Council should supportthe compromise proposal of the two Chambersof Parliament that the status quo be preservedwith Mr. Kasa-Vubu as President and Mr.Lumumba as Prime Minister.

The representative of Guinea argued thatUnited Nations representatives had committedacts of flagrant interference in the domesticaffairs of the Congo and called for the with-drawal of all elements of the United NationsForce coming from NATO countries, the fullimplementation of earlier resolutions and theabandonment of any idea of trusteeship. The re-presentative of Ethiopia conveyed a messagefrom Emperor Haile Selassie I suggesting the ap-pointment of a conciliation committee to assistthe Congolese political leaders. The representa-tive of Liberia indicated support for the Secre-tary-General and the United Nations in theCongo, for the Central Government, and forthe unity and territorial integrity of the Congo.The representative of Belgium, protestingagainst USSR allegations of aggression, statedthat such an allegation had been rejected bythe Council on 13 J u l y .

On 16 September, the representatives of Cey-lon and Tunisia submitted a joint draft resolu-tion whereby the Council would: (1) urge theSecretary-General to continue to give vigorousimplementation to earlier resolutions; (2) callupon all Congolese to seek a peaceful solution ofinternal conflicts for the unity and integrity ofthe Congo; (3) reaffirm that the United NationsForce should continue to act to restore and

63maintain law and order; (4) appeal to allMember Governments for contributions for aUnited Nations Fund for the Congo to be usedin consultation with the Congolese CentralGovernment; (5) reaffirm the request to allstates to refrain from any action which mighttend to impede the restoration of law and orderand the exercise by the Congo Government ofits authority, and also to refrain from any actionwhich might undermine the territorial integrityand the political independence of the Congo;and (6) decide that no assistance for militarypurposes be sent to the Congo except as part ofthe United Nations action. The sponsors saidthat, though they had not proposed a goodoffices committee since it did not appear to havereceived adequate support, they hoped that theSecretary-General would take up the matterwith the Advisory Committee on the Congo.

The USSR submitted several amendments tothis draft. One was to make it clear that UnitedNations assistance would be given to the CentralGovernment and that the proposed fund wouldbe used in co-operation, rather than in consulta-tion, with the Central Government. Anotheramendment was intended to make the pointthat earlier resolutions should be implementedwithout any interference in the domestic affairsof the Congo and that law and order should berestored and maintained with a view to assistingthe Central Government to exercise its authorityand to ensure the territorial integrity and thepolitical independence of the Congo. A furtheramendment was intended to delete the provisionthat no assistance for military purposes be sentto the Congo except as part of the United Na-tions action; instead, the Council should requestall states to refrain from military assistancewhich might tend to impede the restoration oflaw and order or the exercise by the CongoGovernment of its authority, or undermine theterritorial integrity and the political independ-ence of the Congo.

The USSR draft resolution was rejected by7 votes to 2, with 2 abstentions. The representa-tive of the United States agreed to accordpriority to the draft resolution by Ceylon andTunisia. The USSR amendments to this draftresolution were rejected by separate votes; thefirst USSR amendment received 4 votes infavour, and the others received 2 in favour.The draft resolution received 8 votes in favour



and 2 (Poland, USSR) against, with Franceabstaining; it was not adopted since one of thenegative votes was that of a permanent member.

The representative of the United States thenstated that he would not press his draft resolu-tion to a vote. He proposed a new draft resolu-tion to call an emergency special session of theGeneral Assembly to consider the question be-fore the Security Council; it was adopted by 8votes to 2, with 1 abstention.

CONSIDERATION AT FOURTH EMERGENCYSPECIAL SESSION OF GENERALASSEMBLY, 17-20 SEPTEMBER 1960

This emergency special session of the GeneralAssembly—the fourth of its kind—was convenedon the night of 17 September 1960. It met forsix plenary meetings and ended in the earlymorning of 20 September.

Opening the discussion, the representative ofthe United States said that, while the SecurityCouncil's action in the Congo had been basedon the premise that the Congo must not becomea battleground in a conflict between the greatpowers, the USSR had intervened by the des-patch of so-called technicians, transport aircraftand trucks to the Congo. By opposing the Cey-lon-Tunisia draft resolution in the Council, ithad asserted a unilateral right to introducemilitary personnel and material into the Congo.The consequences of such a position made itnecessary for the United States to act withoutdelay. The United States representative askedthe Assembly to clarify and reinforce the UnitedNations mandate, declare that external assist-ance to the Congo during this critical periodshould be provided through the United Nations,create a United Nations Fund for the Congo tobe used under United Nations control, appealto all Congolese to avoid further recourse toviolence, and prevent unilateral actions by otherstates in the Congo.

The USSR representative claimed that themain purposes of the Security Council resolu-tions—the expulsion of Belgian troops and thesafeguarding of the Congo's territorial integrityand political independence—had not beenachieved. Instead, he charged, an attempt wasbeing made to impose collective colonialism ofthe United States and its allies on the Congo,under the cover of the United Nations opera-tion; the United Nations Command and the

Secretary-General personally had supported thecolonialists by a policy of discrediting and ob-structing the legal Government. Declaring thatthe lawful Government of the Congo had beenremoved by a gang of rebels, he said that theAssembly must debate the question thoroughlyat its fifteenth regular session and adopt deci-sions aimed at restoring the situation to normal.

During the discussion, various representativesexpressed support for the purposes of the Se-curity Council resolutions, in particular for theprovisions concerning the need to preserve theterritorial integrity and political independenceof the Congo. Differences of opinion centred onthe implementation of the Security Councilresolutions.

Some representatives, supporting the USSRposition, criticized the Secretary-General andthe United Nations Command on the groundsof not assisting the Central Government of theCongo, adopting hostile measures against thelegal Government, and allowing Belgium tostrengthen the secessionist forces.

Some representatives felt that the United Na-tions action had been effective in ensuring thewithdrawal of the Belgian troops, but not ineliminating intervention in other forms. Theyclaimed that the United Nations representativeshad made some mistakes, particularly in notensuring close co-operation with the CentralGovernment and in erroneously interpreting theprinciple of non-intervention in internal affairsof the Congo. Others, again, felt that the Secre-tary-General and the United Nations Commandmight have committed certain errors, but thatthose errors had to be expected in a major opera-tion. Some others thought that difficulties hadresulted not from the actions of the Secretary-General but from the inability of the SecurityCouncil to clarify the mandate and provideclear instructions.

A large number of representatives emphasizedthe need to uphold the authority of the UnitedNations in the Congo, condemned the attacksagainst the Secretary-General and expressed ap-preciation for his efforts to implement theSecurity Council's resolutions. They noted thatthe question of relations between the UnitedNations and the Central Government of theCongo was complicated by the existence of rivalauthorities, the absence of an effective govern-ment and the breakdown of law and order.


Several representatives argued that, thoughthere might be differences of opinion concern-ing the implementation of the mandate givento the Secretary-General, Member states shouldnot question the good faith and honesty of theSecretary-General. They noted that the Secre-tary-General had consulted the Security Councilon the major questions of policy.

Replying to various criticisms, the Secretary-General said that, contrary to allegations bycertain representatives, consultations betweenthe United Nations and the Government of theCongo had been of unusual intensity. He couldnot, however, permit a sovereign government toturn the United Nations Force into a nationalforce to be used for its own ends. As to criti-cism that he had not ensured the completeelimination of the Belgian military presence, hepointed out that the Security Council had notadopted enforcement measures and that hispower was limited to the moral and legalweight of Council resolutions. Referring tothe strong personal attacks by the USSR repre-sentative, he said that the General Assemblyknew him well enough to realize that he wouldnot wish to serve beyond the point at whichsuch continued service would be, and would beconsidered to be, in the best interests of theOrganization.

A number of representatives emphasized thatall assistance to the Congo for military purposesshould be provided through the United Nations,that the United Nations operation should becontinued, and that the mandate of the UnitedNations Force should be clearly interpreted soas to permit it to give effective protection to thecivilian population against violence. Severalrepresentatives stated that, while they recognizedthe Congo's sovereign right to receive externalassistance, they would support a call by theGeneral Assembly against military assistance asa temporary measure to avoid dangerous com-plications.

Several representatives criticized Belgium forproviding assistance to the secessionist forces inthe Congo and stressed the need for the with-drawal of all Belgian military personnel. Someother representatives expressed satisfaction thatBelgium had withdrawn its troops, and claimedthat the danger was no more the Belgian but theUSSR intervention. The representative of Bel-gium, protesting criticisms of his Government,

said that it had withdrawn all combat troopsfrom the Congo and taken steps to prevent thesupply of arms to and recruitment of volunteersfor Katanga. He agreed that no assistance formilitary purposes should be sent to the Congoexcept through the United Nations.

A number of representatives felt that, whilethe Congo's internal problems should be settledby the Congolese themselves, the United Nationsmight appeal to the political leaders to settletheir differences by peaceful means and mighthelp the process by insulating the internal con-flicts from outside influences. They thought thatthe appointment of a good offices committeemight help promote national reconciliation.Others suggested that this was essentially anAfrican problem to the solution of which theAfrican Member states could make a greatcontribution.

Several representatives stressed the urgentneed for economic and financial assistance tothe Congo to solve the enormous problemscaused by the disruption of its administrativeand economic life and the breakdown of publicservices. They supported the Secretary-General'sproposal for the creation of a United NationsFund for the Congo, but there was some differ-ence of opinion on the degree of control to beexercised by the United Nations on the use ofthe Fund.

On 18 September 1960, a draft resolutionwas submitted by the following 17 Members:Ceylon, Ethiopia, Ghana, Guinea, Indonesia,Iraq, Jordan, Lebanon, Liberia, Libya, Moroc-co, Nepal, Saudi Arabia, Sudan, Tunisia, theUnited Arab Republic and Yemen. By thistext, the Assembly would: (1) request the Sec-retary-General to continue to take vigorousaction to implement the Security Council reso-lutions; (2) appeal to all Congolese to seek apeaceful solution of internal conflicts for theunity and integrity of the country, with the as-sistance of Asian and African representativesappointed by the Advisory Committee on theCongo, in consultation with the Secretary-Gen-eral; (3) appeal to all Member Governmentsfor urgent voluntary contributions to a UnitedNations Fund for the Congo to be used underUnited Nations control and in consultation withthe Central Government; (4) request all statesto refrain from any action which might tend toimpede the restoration of law and order and


the exercise by the Government of the Congoof its authority, and also to refrain from anyaction which might undermine the unity, terri-torial integrity and the political independenceof the Republic of the Congo; (5) request allMember states to accept and carry out the Se-curity Council decisions; and (6) without preju-dice to the Congo's sovereign rights, call uponall states to refrain from the direct and indirectprovision of assistance for military purposes inthe Congo, during the temporary period ofmilitary assistance through the United Nations,except upon the request of the Secretary-General.

On 19 September, the USSR submitted adraft resolution whereby the Assembly would:(1) condemn the Belgian "armed aggression"against the Congo; (2) demand the withdrawalof all troops and military personnel of Belgiumand its military allies; (3) note the failure ofthe Secretary-General and the United NationsCommand to implement a number of very im-portant provisions of the Security Council reso-lutions; and (4) call upon all states to refrainfrom actions detrimental to the territorial in-tegrity and political independence of the Congo.

Also on 19 September, the USSR proposedseveral amendments to the 17-power draft reso-lution, intended, among other things: to indi-cate that United Nations assistance would begiven to the "legitimate" Central Governmentof the Congo; to condemn Belgian aggressionand urge the withdrawal of all military person-nel, to request the Secretary-General not totolerate violations of the Council's resolutions;and to indicate that the United Nations Fundshould be used by the legitimate Central Gov-ernment in consultation with the United Na-tions. Subsequently, following an appeal by therepresentative of Ghana, the USSR representa-tive agreed not to press his delegation's amend-ments and draft resolution to vote, but statedthat he could not fully support the 17-powerdraft resolution as it stood.

Several representatives—including those ofAustralia, Brazil, Ecuador, Philippines and theUnited States—said that though the 17-powerdraft resolution could be improved to avoidambiguity and in other ways they would accedeto the request of the sponsors that it be votedon without modifications. The representatives ofFrance and the Union of South Africa stated

that they would abstain on the draft resolutionsince it involved interference in the internalaffairs of the Congo. The French representativefelt that the United Nations should not rushinto new commitments for financial assistancebut must concentrate first on the maintenanceof order and protection of persons and property.

On 20 September, the 17-power text was firstvoted on in two parts. The paragraph on theprovision of assistance for military purposes wasadopted by a vote of 80 to 0, with 1 abstention,the remainder of the text being approved by 71votes to O, with 9 abstentions. The text as awhole was then adopted by 70 votes to O, with11 abstentions, as resolution 1474(ES-IV).

CONSIDERATION AT GENERALASSEMBLY'S FIFTEENTH SESSION,SEPTEMBER-NOVEMBER 1960

Meanwhile, on 16 September 1960, the USSRhad requested that an item entitled "Threatsto the Political Independence and TerritorialIntegrity of the Congo" be placed on the agendaof the General Assembly's fifteenth regular ses-sion as an urgent and important question. Fol-lowing a recommendation by its General Com-mittee, the Assembly decided on 10 October toinclude an item in its agenda entitled "TheSituation in the Republic of the Congo." On11 October, it decided to consider the item inplenary meetings without prior reference to aMain Committee of the Assembly.

On 20 September 1960, the General Assemblydecided to admit the Republic of the Congo(Leopoldville) to membership in the UnitedNations; it referred the question of its repre-sentation to the Credentials Committee of theAssembly.

During the general debate at the beginning ofthe Assembly's session, a number of Heads ofState, Heads of Government and leaders of dele-gations made references to the situation in theCongo. Several of these speakers emphasized thepositive contribution of the United Nationsoperation in the Congo, expressed appreciationof the work of the Secretary-General, stressedthe need to avoid unilateral intervention, andsupported the resolutions of the fourth emer-gency special session. The Chairman of theCouncil of Ministers of the USSR and certainother heads of delegations, on the other hand,criticized the Secretary-General on the grounds

QUESTIONS RELATING TO THE SITUATION IN THE CONGO (LEOPOLDVILLE) 67of partiality in implementing the resolutions andsuggested efforts to ensure the normal function-ing of the Congolese Parliament and the "legiti-mate" Government headed by Mr. Lumumba.

Some other speakers advanced various sug-gestions with regard to United Nations action.Thus, the President of Ghana suggested that theAssembly should make it clear that the over-rid-ing responsibility of the United Nations Force topreserve law and order could only be fulfilledby supporting the parliamentary framework ofthe state, that the national army should be re-trained and reorganized in co-operation withthe legitimate Central Government and that theUnited Nations should act in the Congo throughthe medium of independent African states.

The President of the United Arab Republicsuggested that the situation in the Congo shouldbe restored to what it had been before the recentevents.

The Foreign Minister of Liberia stated that apurely African command over the United Na-tions Force would seem contrary to United Na-tions principles and that the composition of theCongolese Government could be determined byno Member state as it was a matter for theCongolese people.

The representative of Saudi Arabia said thatwhile the United Nations Command and Forcewere necessary to help the legitimate Govern-ment to maintain independence and unity, theirwithdrawal would be preferable if the "coldwar" were to be carried into those organs.

The Prime Minister of India suggested thatthe United Nations should help the Parliamentmeet and function so that the Congo's prob-lems might be dealt with by its own people.He thought that the Assembly might well con-sider sending a delegation to the Congo to findout what foreign troops or other personnel, apartfrom those sent on behalf of the United Nations,were there and how far they were interferingin local affairs. The Chairman of the Indiandelegation said that, irrespective of any legalargument, all non-Congolese personnel in theCongo who were not serving United Nationspurposes or other humanitarian purposes shouldof their own volition withdraw from the Congo.

The representative of the Congo (Brazzaville)said that the United Nations should co-operatewith the Chief of State who was the only personlegally in office in the country.

The Prime Minister of Nigeria suggested theappointment of a fact-finding commission tolook into the circumstances which had createdthe present crisis. He thought that new electionsmight be necessary before an effective Govern-ment could be formed and suggested that theUnited Nations Force might be given additionalpowers for a limited period until the elections.

The President of Guinea, calling for the de-fence of Congolese legality, suggested that theUnited Nations should not discuss matters withthe usurpers of power but should guarantee theregular functioning of Parliament and shouldrecognize only the Central Government. Heproposed that the representatives sent by theGovernment of Mr. Lumumba be seated in theAssembly, pending the report of the CredentialsCommittee.

The representative of Mali called for the re-establishment of the authority of the CentralGovernment elected by the Parliament and forassistance to it in consolidating its administra-tive structure and in re-establishing the unityof the country.

The Foreign Minister of Cameroun said thatthe Lumumba Government no longer had anylegal existence and that the next step was forthe United Nations to permit the CongoleseParliament to convene as soon as possible toexpress its confidence or lack of confidence inthe person appointed by the Chief of State tosucceed Mr. Lumumba.

The Secretary-General, replying to commentsand criticisms, explained the basic principleswhich he had followed in carrying out the man-date entrusted to him. He stated that criticismof the Secretary-General, when he became anobstacle to the achievement of the political aimsof individual Governments by his strict adher-ence to the principles of independence, impar-tiality and objectivity, would strike at the basicconcepts on which the office of the Secretary-General had been founded.

Further, he drew the Assembly's attention tothe enormous effort involved in assisting Congo-lese officials in the fields of law and order,administration, and relief, and stated that thiscivilian operation was of decisive importancethough much of the debate and publicity hadbeen concerned with a few emergency measureswith supposed political implications.

By early November, when the Assembly took


up consideration of the situation in the Congo,it had before it the second progress report ofthe Special Representative of the Secretary-General covering the period 21 September—31October 1960. He said that the situation bothin Leopoldville and throughout the provinceshad markedly deteriorated because of the com-plete lack of progress towards a political settle-ment which could provide a stable and recog-nized government. Political chaos had spreadin a large measure to the provincial governmentsand the financial and economic situation hadalso grown steadily worse. The most disturbingdevelopment during the period was the steadyand often rapid breakdown of law and order,with the Armée nationale congolaise (ANC)becoming the principal fomenter of lawlessness.The eruption of the Army into the politicalscene inhibited peaceful political activity andconstituted one of the greatest menaces to peaceand security. Moreover, there had been increas-ing evidence of the return of Belgian nationalsinto many phases of public life in the Congo.The activities of a significant number of Bel-gian advisers who had returned to governmentalministries appeared to be clearly at variancewith the basic objectives of ONUC. While thewithdrawal of Belgian troops had been com-pleted, with the sole exception of technicalpersonnel required at the Kamina base, Belgiannationals remained in the Katanga gendarmerieand police. Belgian officers had directed and ledseparatist forces which had been responsible forbrutal and oppressive acts of violence in Ka-tanga and Kasai.

The continued constitutional crisis had poseda dilemma for ONUC in complying with therequirements of the General Assembly resolu-tion of 20 September that it should continue toassist the Central Government in the restorationand maintenance of law and order. ONUC'sefforts to maintain an attitude of strict impar-tiality had led to frequent criticism and hostilityof the rival contenders for power. On 20 Sep-tember 1960, the President had issued an ordi-nance designating a college of 14 commissioners-general and 14 commissioners, following theirinstallation by a military occupation of the ad-ministrative buildings under the orders of theArmy Chief of Staff. Mr. Lumumba and certainother parliamentarians had demanded thatONUC should counter the actions of the Congo-

lese troops. On 27 and 28 September, the Presi-dent and Mr. Ileo had announced that a round-table conference of the principal political lead-ers of the six provinces would be convened bythe College of Commissioners-General within afew days to resolve the political crisis, but pre-parations for the conference made little progress.Meanwhile, on 11 October, the Chief of Statesigned a "constitutional decree-law" creatingthe Council of Commissioners-General, adjourn-ing the Parliament, and transferring its legisla-tive power to the Council.

Committed to the principles of neutrality andlegality, ONUC could not choose between rivalgovernments nor recognize the regime of com-missioners which was founded in fact only onmilitary force and did not derive any sanctionfrom the Loi fondamentale. However, since itsmission could not be accomplished withoutmany routine day-to-day contacts with the min-istries, it continued to follow its policy of deal-ing, in routine matters, with whatever authorityit found in the ministerial chairs. In dealingwith the College of Commissioners-General ona purely technical plane, it took no position onthe legality of the constitutional decree-law of11 October and did not recognize the College asa legitimate government. Official contacts con-tinued between the Special Representative andthe Chief of State, as well as between the Su-preme Commander of the United Nations Forceand Colonel Mobutu as Chief of Staff of theCongolese Army.

The Special Representative concluded that,in the confused political situation that prevailed,the only two institutions whose foundations stillstood were the office of the Chief of State andthe Parliament. If the army could be broughtunder some measure of control and other law-less elements subdued, it might be possible fornormal political life to be reactivated and forthe leaders of the country to seek peaceful poli-tical solutions through the medium of those twoinstitutions. He expressed the hope that theleadership would rise to the full stature of itsgreat responsibilities and attempt to establish asingle government of conciliation.

Along with the report of the Special Repre-sentative, the Secretary-General circulated theexchanges of messages by him with the repre-sentative of Belgium and the president of theKatanga provincial government. In notes of 8


and 19 October, he had conveyed to the formerhis opinion that no technical or financial aidshould be furnished to the Congo except throughthe United Nations and had requested that theBelgian Government withdraw the military,para-military or civil personnel which it hadplaced at the disposal of various Congoleseauthorities and henceforth channel all aid to theCongo through the United Nations. He hadpointed out that the agreements entered intobetween Belgian technicians and various Congo-lese authorities had not been approved by anyGovernment or authority that could rightlyclaim to be the legitimate Central Governmentof the Congo. In a reply of 28 October, the re-presentative of Belgium contended that theSecretary-General's request for the removal ofBelgian technicians had no legal basis and con-stituted interference in the domestic affairs ofthe Congo and that the withdrawal of Belgianswould only hinder the functioning of the ad-ministration and economy, as well as efforts tore-establish order. Again on 29 October, theSecretary-General drew the urgent attention ofthe Belgian representative to the despatch ofmembers of the Congolese National Army andof the so-called Katanga army to Belgium formilitary training, and indicated that such ar-rangements were contrary to the letter and spiritof the General Assembly resolution of 20 Sep-tember.

Also on 8 October, the Secretary-General hadasked Mr. Tshombe, the president of the Ka-tanga provincial government, for his co-opera-tion in connexion with the withdrawal of Bel-gian personnel and suggested efforts to resolvethe Katanga problem in a spirit of conciliationand unity in the interests of the future of theCongo and of international peace. He felt thatif the Belgian factor could be fully circumscribedand eliminated, and if the groundwork couldbe laid for a reconciliation between Katangaand the rest of the Congo, the disquieting situ-ation in Leopoldville might be rectified and theway towards a pacification of the country wouldbe opened.

In a reply of 27 October, Mr. Tshombe hadclaimed that the confused situation in Leopold-ville had prevented a study of possible newstructures of the Congolese community, rejectedthe contention that the presence of Belgianpersonnel in the Congo had contributed to

continuing tension, and objected to any proposalto replace Belgian personnel in Katanga armyby persons wholly in the employ of the UnitedNations as being likely to create paralysis in thecountry's life and as flagrant interference inKatanga's domestic affairs.

Meanwhile, on 10 October, Guinea had sub-mitted a draft resolution in the General As-sembly by which the Assembly would decide toseat the representatives of the Central Govern-ment of the Republic of the Congo (Leopold-ville) immediately, pending a report by theAssembly's Credentials Committee. This wassubsequently revised and replaced on 28 Octo-ber by a joint draft resolution sponsored by thefollowing eight Members: Ceylon, Ghana,Guinea, India, Indonesia, Mali, Morocco andthe United Arab Republic. By this text, theAssembly, considering that respect for Congo-lese legality was essential to facilitate UnitedNations action, would: (1) decide to seat therepresentatives of the Central Government ofthe Republic of the Congo (Leopoldville) im-mediately, pending a decision on the report ofthe Credentials Committee; and (2) requestthe Secretary-General to take steps to promoteand ensure the security of a meeting of theRepublic's Parliament. The President of theCongo, in cables of 14 and 21 October, protestedthe proposal to seat representatives of Mr. Lu-mumba's Government and named representa-tives to the General Assembly.

Before considering the situation in the Repub-lic of the Congo, the Assembly, on 8 November,heard an address by the President of the Congo.He announced a new delegation headed byhimself and asked that its credentials be exam-ined immediately, claiming that the Chief ofState was the sole authority entitled to designaterepresentatives to the Assembly. (The Assemblyalso received a note from the representative ofGhana transmitting messages from the Presi-dent of the Chamber of Representatives and theActing President of the Senate of the Congoclaiming that the Lumumba Government wasthe legal government and that the Chief of Statehad no authority to speak for the Congo beforethe United Nations. The President of the Congo,in a letter of 9 November, protested the trans-mittal of these messages by Ghana and rejectedtheir contents as invalid.)

On 8 and 9 November, the representatives of


Guinea, USSR and Poland argued in supportof the eight-power draft resolution that theGovernment headed by Mr. Lumumba was theonly legal government since it alone receivedthe confidence of the Parliament. They empha-sized the importance of convening the Parlia-ment so that normalcy and legality might berestored in the country.

Referring to the Special Representative's re-port, the spokesmen for Poland and the USSRclaimed that Belgian activities constituted themain danger to the Congo's independence andthe main source of tension.

The representative of Argentina, on the otherhand, said that there had been no proof thatthe Belgian Government had assisted or encour-aged its nationals to serve in Congolese armedunits, and that the Security Council and theAssembly had not prohibited bilateral non-mili-tary assistance, though his delegation believedthat channelling through the United Nationswas desirable under the present conditions. Asto the question of the representation of theCongo, he argued that the Assembly was notconcerned with the legitimacy of the Govern-ment under the domestic laws of the Congo, butwith the effective and stable holding of powerand the ability to fulfil international obliga-tions, a criterion not fulfilled by the Governmentof Mr. Lumumba. Though he shared the hopefor a meeting of the Parliament as a step towardsnormality under the aegis of law, he believedthat the Secretary-General could not take stepsindicated in the eight-power draft, except forprotective measures, without a considerable ex-pansion of his mandate.

After these interventions, the representativeof Ghana moved for an adjournment of debateon the grounds that further debate might ob-struct the task of the Conciliation Commissionwhich had recently been set up by the AdvisoryCommittee on the Congo, in consultation withthe Secretary-General, and was due to leavesoon for Leopoldville. The motion was adoptedby 48 votes to 30, with 18 abstentions.

On 9 and 10 November, the CredentialsCommittee of the General Assembly consideredthe credentials of the delegation appointed bythe Chief of State of the Congo, and, by 6 votesto 1, with 2 representatives (Morocco, theUnited Arab Republic) not participating,

adopted a United States proposal to recom-mend their acceptance.

At a plenary meeting of the Assembly on 18November, the representative of Ghana movedfor adjournment of the debate on the Creden-tials Committee's report on the ground that anydiscussion before the completion of the Concilia-tion Commission's work would be undesirable.The motion was rejected by 51 votes to 36, with11 abstentions.

The Assembly devoted seven plenary meetingsbetween 18 and 22 November to the considera-tion of the report. Guinea submitted an amend-ment to the Credentials Committee's draft reso-lution so as to have the Assembly defer a deci-sion on the credentials of the representatives ofthe Republic of the Congo.

The Credentials Committee's recommenda-tion was opposed by several representatives onthe grounds that it would hamper the work ofthe Conciliation Commission, lead to intransi-gence on the part of certain personalities in theCongo, create the impression that the UnitedNations approved the coup d'état by the ArmyChief of Staff, and hamper a speedy return tolegality. They claimed that delegations to theUnited Nations represented Governments ratherthan Chiefs of State, that the legitimate Govern-ment was the one headed by Mr. Lumumba,and that the question was primarily politicalrather than legal. One representative arguedthat, whereas the Chief of State was entitled tosit in the Assembly, the rest of his delegationcould not be recognized. He suggested that de-cision on representation should follow the im-plementation of United Nations resolutions.

A number of representatives, on the otherhand, argued, in support of the CredentialsCommittee's recommendation, that the validityof the position of the Chief of State had beenundisputed, that the United Nations was obligedto accept credentials issued by him, and thatthe United Nations was not entitled to take aposition on the internal matters of Memberstates. They contended that the question wasnot one of recognition of the Government, butpurely a legal question of whether the creden-tials were in due and proper form. They feltthat the acceptance of the delegation would en-sure the co-operation of the Chief of State forthe conciliation effort, while a delay might en-


courage elements opposed to him and hindersuch co-operation.

Several representatives indicated that theywould abstain on the vote since the political andconstitutional position in the Congo continuedto be confused and since a stand in favour ofone party or another might hamper the workof the Conciliation Commission. Some othersstated that they would prefer not to vote on theCommittee's recommendation but would feelobliged to endorse it if it was put to the vote.The representative of Nigeria stated that, asChairman of the Conciliation Commission, hewould not participate in the vote.

At the two plenary meetings of the Assemblyon 22 November, two moves were made topostpone a vote on the Credentials Committee'srecommendation. The representative of Ghanaproposed adjournment pending a report by theSecretary-General on the incidents on the pre-vious night between members of the UnitedNations Force guarding the residence of theGhana Chargé d'Affaires in Leopoldville andthe Congolese army.6 The motion was rejectedby a vote of 50 to 34, with 13 abstentions. TheAssembly also rejected, by 47 votes to 32, with16 abstentions, a motion by the representativeof Mali for an adjournment of the debate pend-ing publication of a letter from the Presidentof the Congo to the Secretary-General on hisattitude towards the Conciliation Commission.

At its second plenary meeting of 22 Novem-ber, the Assembly rejected by a roll-call voteof 50 votes to 32, with 14 abstentions, theGuinean amendment (to the Credentials Com-mittee's draft) to postpone a decision. TheCredentials Committee's recommendation wasadopted by a roll-call vote of 53 to 24, with 19abstentions, as resolution 1498 (XV).

As a consequence of this decision, the repre-sentatives of Guinea and Mali announced thattheir Governments would withdraw from theConciliation Commission for the Congo (seebelow). In communications of 27 Novemberand 3 December respectively, the Presidents ofGhana and Mali expressed their view that theAssembly's decision accepting credentials issuedby the Chief of State of the Congo, who hadbeen appointed by the Parliament, impliedrecognition of the Lumumba Government en-dorsed by the Parliament.

ESTABLISHMENT OF THECONCILIATION COMMISSION

Meanwhile, on 5 November 1960, the Ad-visory Committee on the Congo established aConciliation Commission for the Congo consist-ing of representatives of Ethiopia, the Federa-tion of Malaya, Ghana, Guinea, India, Indo-nesia, Liberia, Mali, Morocco, Nigeria, Paki-stan, Senegal, Sudan, Tunisia and the UnitedArab Republic. The Commission's terms ofreference were to study the situation and makeefforts, without interference in the internal af-fairs of the Congo, towards the attainment bythe Congolese of solutions that would be con-ducive to the maintenance and strengthening ofthe country's unity, territorial integrity and po-litical independence, within the framework ofthe constitutional and legal structure of theRepublic and the resolution of the fourth emer-gency special session of the General Assembly.The Commission was asked to endeavour, inparticular, to assist in decisions being reachedwith a view to the speedy restoration of par-liamentary institutions.

The Commission held its first meeting in NewYork on 17 November, elected its officers, withJaja Wachuku of Nigeria as Chairman, anddecided to assemble in Leopoldville on 26 No-vember. The President of the Republic of the

6 Later on 22 November, the Acting Special Repre-sentative of the Secretary-General, General Rikhye,submitted a report on these incidents. They took placeas the authorities in Leopoldville were seeking theexpulsion of the Ghanaian Chargé d'Affaires whomthe Chief of State had declared persona non grataon 4 October 1960. Regarding this as a matter en-tirely between the two Governments, ONUC coun-selled against the use of force and indicated that itsresponsibility was limited to the protection of thediplomatic premises against invasion in violation ofinternational law and of the person of the Charged'Affaires against any act of violence. On 21 Novem-ber, troops of the Congolese National Army appearedat the Ambassador's residence, which was guarded byTunisian troops of the United Nations Force. Whileefforts were being made for a peaceful solution, firingbroke out and continued through the night resultingin several casualties on both sides. ONUC assisted inthe evacuation of the Charge d'Affaires on 22 Novem-ber. Between 21 and 23 November, Congolese troopsstopped and confiscated numerous ONUC motorvehicles, arrested and detained a number of ONUCcivilian and military personnel, assaulting and threat-ening the life of many of them, and broke into thehouses of some ONUC personnel.


Congo, however, protested the despatch of theCommission without his prior agreement, andstated, in subsequent consultations with the Ad-visory Committee, that some time would berequired to prepare the Congolese people forits acceptance as part of United Nations assist-ance. The Advisory Committee, accordingly, de-cided to postpone the departure of the Concilia-tion Commission. (See also below, under RE-PORT OF THE CONCILIATION COMMISSION.)

CONSIDERATION BY SECURITYCOUNCIL, 7-13 DECEMBER 1960

On 5 December 1960, the Secretary-Generaltransmitted a report from his Special Represent-ative, to members of the Security Council aboutcertain actions taken against Mr. Lumumba,together with the texts of two messages on thesubject from the Secretary-General to Mr. Kasa-Vubu.

Mr. Lumumba, whose residence had beenguarded by United Nations troops and encircledby Congolese troops for several weeks, the Spe-cial Representative reported, had fled from hisresidence on the night of 27-28 November 1960and was pursued by Congolese troops underthe order of the Chief of Staff, Colonel Mobutu.The United Nations had ordered its troops inthe country to refrain from any interference.Mr. Lumumba was arrested at Bulongo on 1December, brought to Leopoldville on 2 De-cember and transferred to detention at CampHardy, Thysville, on the next day. During hisarrest and transfer, he was manhandled byCongolese troops and suffered serious injuries.Two other members of Parliament were ar-rested in company with Mr. Lumumba, whileMr. Okito, Vice-President of the Senate, wasarrested separately.

In his communications, dated 3 and 5 Decem-ber, to the President of the Congo, Mr. Kasa-Vubu, the Secretary-General stated that ap-proaches had been made to him on behalf ofnumerous delegations, including the entire groupof African-Asian delegations, expressing theirgrave concern at reports concerning the arrestand detention of Mr. Lumumba. He urged thePresident to use his influence to ensure that dueprocess of law was observed at every stage,particularly taking into account the view oflarge sectors of international opinion concerningMr. Lumumba's status and the repercussions

that the treatment of Mr. Lumumba might haveon efforts towards a settlement of the politicalcrisis. He suggested, in particular, that the In-ternational Red Cross be permitted to examinethe detainees.

Replying on 7 December, the President ofthe Congo expressed surprise at the reactions ofcertain delegations, claimed that Mr. Lumumbawas in a satisfactory state of health, assured theSecretary-General that he was anxious to con-duct the proceedings in accordance with therules in force in all civilized countries and statedthat outside intervention would only hinder therestoration of the reign of justice and respectfor human rights.

On 6 December, the USSR representativecalled for a meeting of the Security Council toconsider "urgent measures in connexion withthe latest events in the Congo." He communi-cated a statement of his Government stronglycriticizing the activities of the Secretary-Generaland his representatives and calling upon theUnited Nations to take decisive steps to liberateMr. Lumumba and other Ministers and mem-bers of Parliament, to ensure the resumption ofthe activities of the lawful Government andParliament, to disarm "Mobutu's band of ter-rorists," to establish a special commission ofAsian and African representatives to investigatethe sources of finance and arms to these men,and to remove all Belgian troops and officialsfrom the Congo.

The Security Council considered the questionbetween 7 and 13 December 1960. The repre-sentatives of Belgium, Cameroun, Congo (Leo-poldville), Guinea, India, Indonesia, Mali,Morocco, the United Arab Republic and Yugo-slavia were invited, at their request, to par-ticipate in the deliberations.

During the course of these meetings, the at-tention of members was drawn to certain de-velopments affecting the United Nations opera-tions and arising from the detention of Mr.Lumumba and his colleagues. The Govern-ments of Ceylon, Guinea, Indonesia, Morocco,the United Arab Republic and Yugoslavia in-dicated their intention to withdraw their mili-tary units and personnel from the United Na-tions Force because of dissatisfaction with thepolicies followed in implementing the resolu-tions of the Security Council and the GeneralAssembly. The Special Representative of the


Secretary-General reported that the provincialauthorities in Stanleyville had threatened re-prisals against the Belgian residents of Orientaleprovince unless Mr. Lumumba was released,that they had proceeded to arrest and man-handle some Belgians, and that United Nationsrepresentatives had protested against these ac-tions and made arrangements to provide pro-tection to the European population.

The attention of the Security Council wasalso drawn to interference with the United Na-tions operation in Leopoldville where the ad-ministrateur en chef de la sureté, on 5 Decem-ber, issued an order to the transport organiza-tion, OTRACO, restricting the transport of thestrategic or military material and vehicles ofthe United Nations Force. The Special Repre-sentative of the Secretary-General, on 9 Decem-ber, and the Secretary-General, on 13 Decem-ber, protested to the President of the Republicthat this order constituted a violation of theagreement of 27 July between the United Na-tions and the Congo, as well as a violation ofthe Congo's obligations under the United Na-tions Charter.

In the Security Council, Argentina, Italy,the United Kingdom and the United States sub-mitted a joint draft resolution by which, as re-vised on 13 December, the Council would de-clare that any violation of human rights in theCongo was inconsistent with United Nationspurposes, express the hope that the Interna-tional Committee of the Red Cross would be al-lowed to examine detained persons throughoutthe Republic, and request the Secretary-Generalto adopt all necessary measures tending to safe-guard civil and human rights for all personswithin the country.

The USSR submitted a draft resolution bywhich the Council would call upon the Secre-tary-General to secure the immediate releaseof "Prime Minister" Lumumba, as well as otherMinisters and parliamentarians, and to take allthe necessary steps to ensure the resumption ofthe activities of the lawful Government andParliament. Further, it would request theUnited Nations Command immediately to dis-arm the "terrorist bands of Mobutu" and callupon the Belgian Government immediately towithdraw Belgian military, para-military andcivilian personnel from the Congo.

During the discussion in the Council, the

Secretary-General expressed grave concern atthe tone of the attacks against the Organizationwhich represented the sole approach to reducethe risk of a major world conflict. Reviewing theUnited Nations actions in the Congo, he pointedto the limited mandate of the United NationsForce, the main purpose of which was to assistin the restoration of internal law and order andto ensure the withdrawal of the Belgian troops.The United Nations had achieved its immediatepurposes and had maintained minimum servicesfor the civilian population by the end of August.The situation, however, changed rapidly in lateAugust and early September when major dis-putes developed in the government coalition.The rise of private armies loyal to individualpolitical leaders, the emergence of ColonelMobutu as the military leader in the Leopold-ville area, the creation of extra-constitutionalauthorities in Leopoldville, the re-emergence ofold tribal disputes into the political arena andthe challenges to the United Nations Force indifferent parts of the country, created an en-tirely new setting for the United Nations opera-tion. But for the United Nations, however, thesituation might have got entirely out of hand,the Secretary-General said.

Though the United Nations operation suc-ceeded to a large extent in creating a frameworkwithin which the Congolese people could findits way to a national political life and a stablegovernment, Congolese political leaders, whoalone could fulfil those aims, had failed to takeadvantage of unparalleled international assist-ance.

Since the United Nations efforts to reorganizethe Force publique had been frustrated by itsinvolvement in political disputes, the latter con-tinued to be incapable of protecting life andproperty. A withdrawal of the United NationsForce, under the circumstances, would lead toanarchy and chaos or, more likely, to bilateralassistance with all its consequences. It shouldwithdraw after renewed efforts to enable theCongolese Army to meet its tasks, but suchefforts were not possible when the Army playeda political role outside the constitution andover-riding democratic rules of government.

The representative of the USSR charged thatthe United Nations and various powers wereencouraging the "gang of Mobutu" who hadusurped power from the Parliament and the


legal Government. He opposed the four-powerdraft resolution on the grounds that it was in-tended to lead the Security Council away fromthe necessary and urgent measures and that itimplied approval of crimes committed by Colo-nel Mobutu.

The sponsors of the four-power draft resolu-tion argued that the General Assembly's decisionon the Congo's representation implied that Mr.Lumumba could not be considered Prime Minis-ter, though, as a deputy and a citizen, he hadthe right to due process of law and to humanetreatment. They pointed out that abuses hadoccurred in other areas, especially in Stanley-ville, where several Parliament members hadbeen imprisoned since October and excesses hadbeen committed against Congolese and Euro-peans. Violence, they stated, should be con-demned and repudiated irrespective of the poli-tical positions of delegations. While no newmandate to the Secretary-General was necessary,they felt that an explicit indication by theCouncil that the mandate to re-establish lawand order covered protection of fundamentalhuman rights would be helpful. They opposedthe USSR draft resolution as involving inter-vention in Congolese domestic affairs and ag-gression against the Congolese National Army.They also opposed the provision calling for thewithdrawal of Belgian civilian personnel in theservice of the Congolese Government as a de-parture from previous Council resolutions andas incompatible with the sovereignty of theCongo.

The representatives of China, Ecuador andFrance supported the four-power draft resolu-tion and opposed the USSR text. The repre-sentative of Poland, on the other hand, sup-ported the USSR draft resolution.

The representative of Ceylon felt that theUnited Nations Force had applied its mandatein too restrictive a manner and remained apassive spectator of lawlessness. He argued thatlaw and order could not be maintained outsidethe framework of the Constitution. He furthersuggested that the United Nations request theChief of State to reconvene the Parliament with-out delay, offer to afford full protection to itsmembers, promote a round-table conference ofpolitical leaders, and take measures to disarmall private armies. Since the United Nations hadbeen invited by the legitimate Government, he

felt that such actions could not be regarded asintervention in the internal affairs of the Congo.

The representative of Tunisia favoured a re-quest to Belgium for a withdrawal of all its-nationals serving as advisors or experts and anearly departure of the Conciliation Commissionto the Congo. He suggested that the Councilmight recommend the convening of Parliament,the release of political prisoners, respect forhuman rights throughout the Congo, and theprevention of any use of or appeal to violentaction. He could not support the USSR draftresolution, except for the provision on the with-drawal of Belgian personnel, because it calledfor the release only of certain detained personsand for the disarming of only one of the armedforces. Nor could he support the four-powerdraft resolution since it dealt only with thehumanitarian aspect of the question and did notcover any constructive solution regarding thegrave situation.

Several of the representatives invited to par-ticipate in the Council's discussions—those ofGuinea, Indonesia, Mali, Morocco, the UnitedArab Republic and Yugoslavia—stressed theneed for the normal functioning of the institu-tions of the Congo, the liberation of all politicalprisoners, particularly members of Parliament,and the complete withdrawal of foreign (mainlyBelgian) military and para-military forces inthe Congo. They argued that the United Nationsshould not condone the illegal activities of theprivate armies, such as that of Colonel Mobutu,which had entered into politics. They felt that,while the resolutions of the Security Counciland the General Assembly were adequate, theirinterpretation and application were unsatisfac-tory and that clear directives by the Councilon the implementation of the resolutions weredesirable.

The representative of India said that, whilethe withdrawal of the United Nations Forcewould be a calamity, its proper functioning re-quired new approaches to the changing situa-tion. He thought that some progress might bemade if governments enjoying influence withthe Congolese authorities were to use their goodoffices to urge an end to lawlessness and vio-lence, the neutralization of the armed forces,the release of political prisoners and the con-vening of Parliament.

The representative of Cameroun, on the other

QUESTIONS RELATING TO THE SITUATION IN THE CONGO (LEOPOLDVILLE) 75hand, opposed consideration of the question inthe Council and the adoption of any resolutionas interference in the domestic affairs of theCongo.

The representative of the Congo (Leopold-ville) called for United Nations action con-cerning the Parliament members imprisoned inStanleyville, complaining that they had beengrossly ill-treated.

In reply to various comments in the Councilconcerning the United Nations operation, theSecretary-General pointed out that any actionby force to liberate Mr. Lumumba, or to disarmthe Armée nationale congolaise (ANC) underColonel Mobutu, would mean over-riding theauthority of the Chief of State of the Congo.While political persuasion could be employed,use of force was an entirely different proposi-tion inasmuch as the Council and the Secretary-General were bound by the Charter provisions.

He emphasized that the United Nations oper-ation could not continue if it was kept underfire of criticism and suspicion in the Congo andoutside and was enfeebled by withdrawals orby lack of financial and material support. Hepointed out that the Congo problem was notpurely political or constitutional and that thecountry faced a grave economic situation withwidespread starvation in South Kasai. He re-minded the Council that his efforts to eliminatethe Belgian political element in Katanga, andhis insistence that Belgium should channel allassistance to the Congo through the UnitedNations had been emphatically criticized byBelgium and that the United Nations organshad not pursued the matter. Moreover, the lackof necessary funds to provide United Nationsassistance to meet essential needs made it diffi-cult to press further for an end to bilateralassistance.

With regard to some far-reaching interpreta-tions of the mandate of the Force, he pointedout that the Security Council had never invokedArticles 41 and 42 of the United Nations Char-ter which provided for enforcement measuresover-riding the domestic jurisdiction limitationof Article 2(7) of the United Nations Charter.7

If the Council considered an extension of themandate or its wider interpretation desirable,he would request it to clarify its position andprovide him with adequate means. It might alsoconsider arrangements under which representa-

tives of the Council and the Assembly mightshare responsibility for the current interpreta-tions of the mandate. If the Council were todefine its position clearly, if Member states wereto stop using the United Nations operation as apawn in games for unrelated purposes, and ifcountries which had announced a desire towithdraw from the Force were to reconsidertheir attitude, the United Nations might lookforward with increased confidence.

The Council then proceeded to vote on thetwo draft resolutions before it. The representa-tive of the USSR submitted five amendmentsto the four-power draft resolution. The repre-sentatives of Ceylon and Tunisia indicated thatthey were unable to present the draft resolutionwhich they had prepared, since it did not seemto have adequate support in the Council.

The USSR amendments to the four-powerdraft resolution were all rejected, each havingreceived only 2 votes in favour. The four-powertext received 7 votes in favour, with Ceylon,Poland and USSR voting against, and Tunisiaabstaining: it was not adopted because of thenegative vote of a permanent member of theCouncil. The last paragraph of the USSR draftresolution—calling for the immediate with-drawal of Belgian personnel—was rejected by 6votes to 4, with 1 abstention. The remainderof the draft resolution was rejected by 8 votesto 2, with 1 abstention.

Poland then submitted a draft resolutionwhereby the Council would ask the Secretary-General to undertake the necessary measuresto obtain the release of Mr. Lumumba andother imprisoned members of Parliament. Itwas rejected by 6 votes to 3, with 2 abstentions.

Shortly after this series of meetings, two seri-ous incidents affecting the United Nations op-eration were reported. On 13 December 1960,a unit of the Armée nationale congolaise (ANC)entered the Kitona base despite the protests ofthe United Nations officials at the base. TheSpecial Representative of the Secretary-Generaland the Secretary-General, on 14 December,protested to the President of the Congo thatthis act not only constituted a flagrant violationof the rights of the United Nations and the obli-gations undertaken by the Congolese Govern-

7 For text of Articles 41 and 42 and Article 2 (7) ,see APPENDIX II.


ment but was a hostile act against the UnitedNations. They requested immediate steps torestore the legal position of the United Nationsand adequate measures against those responsible.

On 15 December, an Austrian medical unitof ONUC in Bukavu was imprisoned by localauthorities. After repeated efforts to obtain theirrelease had failed, owing to the resistance ofCongolese soldiers acting in disregard of theorders of the local authorities and their ownofficers, the Nigerian unit of the United NationsForce was obliged to secure their release by amilitary operation on the next day.

CONSIDERATION BY GENERALASSEMBLY, 16-20 DECEMBER 1960

The General Assembly resumed discussion ofthe situation in the Congo on 16 December atthe urgent request of the representatives ofIndia and Yugoslavia.

Ceylon, Ghana, India, Indonesia, Iraq, Mo-rocco, the United Arab Republic and Yugo-slavia submitted a draft resolution on 16 Decem-ber which was revised on 19 December. By thistext, the Assembly, conscious of the urgent re-sponsibility of the United Nations in view of thegrave and ominous developments and continuingdeterioration in the Congo, the absence of effect-ive central authority and the hostile attitudeand resistance of armed detachments to theUnited Nations operation, would consider thatthe United Nations must henceforth implementits mandate fully to prevent breach of peaceand security, to restore and maintain law andorder and the inviolability of persons and totake urgent measures to assist the Congolesepeople in meeting their most pressing economicneeds. It would also urge the immediate releaseof all political prisoners under detention—moreparticularly members of the Central Govern-ment and Parliament—the convening of Parlia-ment and measures to prevent armed units andpersonnel in the Congo from interference in thepolitical life of the country and from obtainingsupport from abroad. It would draw the atten-tion of the Belgian Government to its graveresponsibilities in disregarding the resolutionsof the United Nations and demand that allBelgian military "and quasi-military personnel,advisers and technicians be immediately with-drawn. It would decide that a standing delega-tion appointed by the General Assembly should

function in full co-operation with the UnitedNations Special Representative in the Congo.Finally, it would recommend that all necessaryeconomic and technical assistance should beafforded to the Congo by Member states throughthe United Nations so that such assistance wasnot used as an instrument for continuing foreignintervention.

The United Kingdom and the United Statessubmitted a draft resolution by which the As-sembly would request the Secretary-General tocontinue to discharge his mandate and continuehis vigorous efforts to ensure that no foreignmilitary or para-military personnel were intro-duced into the Congo or were in the Congo inviolation of the earlier resolutions of the Secur-ity Council and the Assembly. It would callupon all states to refrain from direct or indirectassistance for military purposes in the Congoduring the temporary period of military assist-ance through the United Nations, except uponthe request of the United Nations through theSecretary-General. It would request the Secre-tary-General, with due regard to paragraph 4of the Security Council resolution of 9 August1960 (for text, see DOCUMENTARY REFERENCESbelow), to do everything possible to assist theChief of State of the Congo in establishing con-ditions in which Parliament could meet andfunction in security and freedom from outsideinterference, and to continue his efforts to assistthe Republic of the Congo in ensuring respectfor civil and human rights for all persons withinthe country. It would express the expectationthat no measures contrary to recognized rulesof law and order would be taken against anypersons imprisoned anywhere in the Congo andthe hope that the International Committee ofthe Red Cross would be allowed to examinethem and obtain the necessary assurances fortheir safety. It would express the hope that theforthcoming visit of the Conciliation Commis-sion would help resolve internal conflicts bypeaceful means and preserve the unity and in-tegrity of the Congo. Finally, it would requestall Congolese to lend practical co-operation tothe United Nations and call upon all States toco-operate in giving effect to the above pro-visions.

The sponsors and supporters of the eight-power draft resolution said that urgent actionby the Assembly was called for in view of the

grave deterioration of the situation in the Congoand the threat of a civil war. Calling for meas-ures to ensure effective functioning of theUnited Nations in the Congo, they argued thatthe mandate given to the Secretary-General wasadequate but needed to be interpreted moreliberally and exercised more fully than in thepast in view of the changed situation. Theycriticized the two-power draft resolution as pro-viding for the acceptance of the fait accompliin the Congo and as ignoring that the Chief ofState had delayed the visit of the ConciliationCommission, opposed the convening of the Par-liament and become a party to political disputes.

The sponsors and supporters of the UnitedKingdom-United States draft resolution claimedthat the proposals contained in the eight-powertext would: exceed the limits of the competenceof the United Nations and the decisions of theSecurity Council; constitute interference in theinternal affairs of the Congo and a violation ofthe sovereignty of that Member state; and im-pose unconstitutional and impractical responsi-bilities on the Secretary-General, as well as onthe contingents of the United Nations Forcewhich had been made available on the under-standing that it would not undertake enforce-ment action or intervene in the internal affairsof the Congo. They argued that the UnitedNations could not prevent the Congo from em-ploying Belgian civilian technicians whose with-drawal, moreover, would only contribute tochaos.

The representatives of the USSR and severalother states charged that the United Nationsoperation in the Congo had failed. They urgedthat the moral and physical force of the UnitedNations should be completely on the side of theParliament, the legitimate Government of Mr.Lumumba and the fundamental law of the Re-public. They called for the withdrawal of Bel-gian personnel, the disarming of all privatearmies, particularly the "armed gangs" led byColonel Mobutu, the release of Mr. Lumumbaand other members of his Government andmembers of Parliament, the resumption of theoperation of Parliament, and the establishmentof an observation commission of Asian-AfricanStates to supervise United Nations activitiesand investigate sources of external assistancereceived by Colonel Mobutu. They supportedthe eight-power draft resolution claiming that,

77though insufficient, it pointed the way towardscorrecting the situation.

Several representatives, while agreeing withthe purposes and certain parts of the eight-power draft resolution, felt that several of itsprovisions were beyond the present mandate ofthe Secretary-General. The spokesmen forCameroun and Chad thought that any resolu-tion on the Congo would not be helpful underthe circumstances. The representatives of Swe-den and Finland said that, unless a generallyacceptable resolution could be worked out, itmight be desirable to conclude the debate with-out a resolution. The representative of Hondurassuggested that, in view of the disagreementamong Members, the Assembly might give widediscretionary powers to the Secretary-Generalfor a hundred days.

The representative of the Congo (Leopold-ville) said that his country would not permitexternal interference. The representative ofBelgium claimed that the minimum services inthe Congo could not have been maintainedwithout the presence of Belgian technicians,that the Congolese authorities had the right toemploy Belgian civilians and that no Belgianmilitary personnel remained in the Congo ex-cept for technicians retained by the United Na-tions and certain former members of the Forcepublique and the gendarmerie who had re-mained in their posts on an individual basis.

The Secretary-General indicated that hedoubted the usefulness of a wider mandate ornew means, though a strengthening of the au-thority of the United Nations representatives intheir efforts to work for the United Nations aimsby peaceful and legal means would be highlydesirable. The Assembly might also help by ex-pressing world opinion in favour of measures tofacilitate a return to constitutionality and na-tional reconciliation in the Congo. Reaffirminghis belief that personnel for the Congo should bechannelled through the United Nations agen-cies, the Secretary-General pointed out that theUnited Nations would be effective in avoidingunilateral assistance only if it had the financialmeans to ensure an adequate civilian pro-gramme. Even a modest civilian operation,however, could not be maintained without theeffective protection of life and property throughthe United Nations Force. Noting that sinceSeptember, and even more from the time of the



debate on the representation of the Congo,Member states had been deeply divided, heasked that the dangerous influence of this divi-sion on the Organization's efforts should not beoverlooked.

On 20 December, the Assembly rejected theeight-power draft resolution by 42 votes to 28,with 27 abstentions. The United Kingdom-United States draft resolution received 43 votesin favour, 22 against, and 32 abstentions, butwas not adopted since it failed to obtain therequired two-thirds majority. The Assemblythen adopted, without objection, a resolution(1592 (XV)) on a proposal by Austria wherebythe Assembly, noting that previous resolutionsof the Security Council and the General As-sembly on the subject were still in effect, decidedto retain the item on the agenda for the secondpart of the Assembly's session (scheduled toresume in March 1961).

On 21 December 1960, the Secretary-Generaldrew the attention of the President of the Congoto the discussion in the Assembly and empha-sized that, though a definitive decision had notbeen adopted, Member states had shown astrong concern about the relationship betweenthe United Nations and the Congolese authori-ties. The discussion had shown widespread andstrong opinion that the convening of Parliamentand the return to democratic practices was amatter of great urgency, that due process of lawshould be applied, and that Member statesshould refrain from assistance for military pur-poses in the Congo. The Secretary-General alsoexpressed his concern about a developing civilwar in the Congo that would have its unavoid-able effect upon the presence of the UnitedNations Force. He concluded that the time hadcome for the President to use his influenceurgently for a peaceful solution of the Congo'sinternal problems and to make an unequivocaldeclaration against interference with the UnitedNations Force in the performance of its tasks.

CONSIDERATION BY SECURITYCOUNCIL, JANUARY-FEBRUARY 1961

On 12 December, Mr. Gizenga, Vice-Premierin the Lumumba Government, issued a procla-mation that the capital of the Republic of theCongo had been temporarily transferred toStanleyville and that he now headed the Gov-ernment in the absence of Mr. Lumumba.

On 25 December 1960, as was reported by theSecretary-General's Special Representative, some60 Congolese troops from Stanleyville arrivedin Bukavu, capital of Kivu province and, afterconferences with the local army commanderand members of the provincial government, ar-rested the commander, who had been accusedof loyalty to Leopoldville authorities, as well asthe president of the provincial government andthree ministers, and carried them off towardsStanleyville. During the conferences, the ONUCcommander at Bukavu had made an approachto the Congolese commander, but had departedon learning that ONUC protection or assistancewas not required. Shortly afterwards, about 100soldiers from Leopoldville were flown to Usum-bura in Ruanda-Urundi. Transported to thebridge on the Congolese border by the Belgianauthorities, they entered Bukavu on the morn-ing of 1 January 1961. The Bukavu garrisontook 60 prisoners and repelled the others.

On 30 December 1960, the Secretary-Generaldrew the attention of the Belgian representativeto the Belgian Government's obligation not togrant authorization for the transit of Congolesetroops. On 31 December, the authorities inRuanda-Urundi assured the ONUC representa-tives that no landing of Congolese troops wouldbe permitted. On 1 and 2 January 1961, theSecretary-General protested to Belgium for as-sisting the transit of Congolese troops and calledfor immediate and effective measures to preventdirect or indirect assistance to military actionby Congolese troops. Replying on 11 January,the representative of Belgium defended the ac-tion of the authorities in Ruanda-Urundi, butindicated that Belgium did not intend to au-thorize any new transit by Congolese troops.

On 7 January 1961, the representative of theUSSR requested a meeting of the SecurityCouncil, claiming that a serious threat to peaceand security had been created as a result offresh acts of Belgian aggression against theCongo and the flagrant violation of the interna-tional status of the Trust Territory of Ruanda-Urundi. On 12 January, he communicated astatement of his Government that Belgiumshould be deprived of all rights and powerswith respect to Ruanda-Urundi and that theTerritory should be granted immediate inde-pendence.

The Security Council discussed this matter

QUESTIONS RELATING TO THE SITUATION IN THE CONGO (LEOPOLDVILLE) 79between 12 and 14 January. The representativesof Belgium and the Congo (Leopoldville) wereinvited, at their request, to participate in theCouncil's deliberations.

Ceylon, Liberia, and the United Arab Repub-lic submitted a draft resolution whereby theCouncil would: (1) call upon Belgium, as theAdministering Authority of the Trust Territoryof Ruanda-Urundi, immediately to cease allaction against the Republic of the Congo andto observe strictly its international obligations;(2) further call upon Belgium to withdraw im-mediately from the Congo all Belgian militaryand para-military personnel, advisers and tech-nicians; and (3) recommend that the GeneralAssembly consider the action taken by Belgiumas a violation of the trusteeship agreement.

Several other members of the Council, how-ever, considered the accusations against Belgiumas unfounded or exaggerated, and expressedsatisfaction with the Belgian assurances. Therepresentative of the Congo (Leopoldville)claimed that the National Army's interventionagainst rebel soldiers in Bukavu was entirely jus-tified and that the Soviet Union's complaintwas invalid.

The three-power draft resolution received 4votes in favour, O against, and 7 abstentions,and was not adopted.

Meanwhile, the President of the Republicof the Congo, in communications of 7 and 14January 1961, complained to the Secretary-General that the United Nations Operation hadfailed to ensure co-ordination with Congoleseauthorities, that the United Nations personnelat Bukavu had been passive when provincialauthorities had been arrested and that a UnitedArab Republic aircraft had landed at Lisala on31 December 1960 without clearance from Con-golese authorities. He requested the recall ofAmbassador Dayal, the Secretary-General'sSpecial Representative, for alleged partialityand for having lost the confidence of the Congo-lese people and authorities.

The Special Representative of the Secretary-General, on 14 January, and the Secretary-Gen-eral, on 15 January, replied to the allegationsconcerning United Nations operations in theCongo. The Special Representative stated thatthe United Nations had approved in principlethe despatch of a United Arab Republic aircraftto carry a repair crew to salvage a damaged air-

craft and to transport New Year's gifts to thatcountry's contingent, but had not been informedin advance of its arrival. The United Nationshad drawn the attention of the United ArabRepublic authorities to their failure to obtainthe necessary clearance for the flight and hadrequested that the proper procedure be adheredto in the future. The Secretary-General explainedto the President that Ambassador Dayal was nota diplomatic representative accredited to theCongolese Government and that, in view of thestatus of the Secretary-General and his repre-sentatives under the United Nations Charter,it was impossible to accede to the demand forhis recall.

On 18 January 1961, Messrs. Lumumba,Mpolo and Okito were transferred in detentionfrom Thysville to Elisabethville. Several dele-gations expressed grave concern over the trans-fer and reports of manhandling the prisoners.

The Secretary-General, in communications of19 January to the President of the Congo andto Mr. Tshombe, pointed out that the transferwould necessarily involve interference with therights of the prisoners for due process of lawand urged immediate measures for their returnand for release or proper trial. On the next day,after consultation with and the unanimous ap-proval of the Advisory Committee on the Congo,he again wrote to the President of the Congo,noting confirmed reports of brutal manhandlingof the prisoners, strongly reiterating his appealfor humane treatment and pointing out thatthe continued incarceration of the politicalleaders was incompatible with successful effortstowards reconciliation and national unification.On 19 and 23 January, the Secretary-Generaland his Special Representative urged the au-thorities in Stanleyville and Bukavu to endarbitrary restrictions imposed on the free move-ment of foreign nationals, to prevent the Armyunits from interfering in the protective functionsof the United Nations Force and to ensure localorder in the areas under their control.

Within the next few days, the Security Coun-cil received three requests for consideration ofmatters relating to the Congo. On 24 January,the President of the Congo asked the Council toconsider his complaint of flagrant interferenceof the United Arab Republic in the domesticaffairs of the Congo. On 26 January, the repre-sentatives of Ceylon, Ghana, Guinea, Mali,


Morocco, the United Arab Republic and Yugo-slavia (subsquently joined by Libya) stronglyprotested against the treatment of Mr. Lumumbaand his colleagues and requested that the Coun-cil meet to consider the recent developments.On 30 January, the representative of the USSRasked the Council to consider alleged new actsof aggression by Belgium.

The Security Council met on 1 February 1961in response to these requests, and the representa-tives of Belgium, Congo (Leopoldville), Ghana,Guinea, India, Indonesia, Libya, Mali, Moroc-co, Poland and Yugoslavia were invited, at theirrequest, to participate in the Council's delibera-tion.

The Council had a number of other docu-ments before it on the Congo situation. Theseincluded: (a) several notes by the representativeof Belgium complaining against alleged ill-treatment of Belgian nationals in Orientale andKivu provinces, and the detention in Stanley-ville of eight Belgian soldiers who had strayedby mistake into Congolese territory from Ru-anda-Urundi on 13 January, and requestingUnited Nations action; (b ) a letter of 21 Janu-ary from the Secretary-General to the represent-ative of Belgium referring to reports of negotia-tions on the former Belgian military bases inthe Congo and indicating that the bases or warmaterials stored therein could not be transferredto the Armée nationale congolaise without theapproval of the Security Council; (c) a reportof 26 January by the Secretary-General pointingout that, despite his appeals to Governmentswhich had announced their intention to with-draw from the United Nations Force, Yugoslavmembers had withdrawn and that the withdrawalof the Guinean contingent was in progress,while Indonesia, Morocco and the United ArabRepublic had notified their definite decision towithdraw; (d) a letter of 28 January from thePresident of the Congo asking the Secretary-General for military assistance to subdue theauthorities in Stanleyville and Bukavu, andstating that unless assistance was provided bythe United Nations, his Government would becompelled to seek it elsewhere despite the dan-ger of the conflict becoming international; (e)a message of 1 February from Mr. Tshombeexpressing astonishment at the concern shownby the United Nations in regard to Mr. Lumum-ba and declaring that, for the time being, there

would be no contact between Mr. Lumumbaand the outside world; and (f) a cable of 1February from the President of the Congo tothe President of the Security Council requestingthe recall and replacement of Ambassador Dayal.

In a statement to the Security Council on 1February 1961, the Secretary-General pointedto the grave situation created by the continueddivisions within the Congo and disintegrationof the Force publique, foreign interference, re-ductions in the United Nations Force and thethreatening possibility of civil war. He felt thatthe Organization should reassess its policy inthe light of experience and consider the desir-ability of more far-reaching measures. Hethought that a fundamental change in the situ-ation could be brought about if, with the co-operation of the leaders concerned, the armywere returned to its proper role outside politicsand were devoted to its own reorganization inorder to become an effective national instru-ment under the control of a functioning con-stitutional government. He indicated that hewould welcome a Council decision requestinghim urgently to take appropriate measures forassistance in such a reorganization.

At Council meetings on 1, 2 and 7 Febru-ary, the representatives of Ceylon, Guinea, In-dia, Indonesia, Libya, Mali, Morocco, theUSSR, the United Arab Republic and Yugo-slavia called for urgent measures to secure therelease of Mr. Lumumba and his colleagues, thereconvening of Parliament, and the withdrawalof Belgian and foreign military and para-mili-tary personnel and advisers. Some of them sug-gested the disarming and disbanding of forcesunder Colonel Mobutu.

The representative of the Congo (Leopold-ville) claimed that the proposals of the above-mentioned representatives constituted interven-tion in the Congo's internal affairs, that legalityresided entirely in President Kasa-Vubu and inpersons enjoying his confidence, that parlia-mentary activity was not possible in the nearfuture, that the arrest of Mr. Lumumba forflagrant crime was legal and that the Congo hadevery right to request foreign assistance, espe-cially when United Nations assistance was in-adequate. He complained of the landing of theUnited Arab Republic aircraft in the Congo,alleging that it transported arms for the authori-ties in Stanleyville.

The representative of France contended thatthe Congolese complaint against the UnitedArab Republic was well-founded, that thequestion of prisoners was part of the generalproblem of human rights, that the United Na-tions should take action to stop the violationof human rights in Orientale and Kivu pro-vinces, that the USSR complaint was baselessand that the United Nations should act in com-plete agreement with legitimate authorities inthe Congo, especially President Kasa-Vubu.The representatives of Ecuador and India ex-pressed the hope that the permanent membersof the Council would find common ground onways to bring peace to the Congo.

The Council adjourned on 7 February toprovide time for consultations with Govern-ments and among representatives. Meanwhile,between 6 and 12 February, the Council re-ceived communications from the representativesof the Central African Republic, Congo (Braz-zaville), Dahomey, Gabon and Madagascarrequesting postponement of discussion in orderto permit other African states to participate inthe Council's debate. The representative ofSenegal suggested that no resolution be adoptedpending the resumed session of the GeneralAssembly.

On 10 February, the Minister for the Interiorof the Katanga provincial government an-nounced that Patrice Lumumba and his col-leagues, Joseph Okito and Maurice Mpolo, hadescaped from detention on the previous night.On the same day, the representatives of Ceylon,Ghana, Guinea, India, Indonesia, Libya, Mali,Morocco, the United Arab Republic and Yugo-slavia, and the representative of the USSR,communicated their grave concern to the Sec-retary-General. The Katanga authorities, how-ever, rejected the Secretary-General's requestsfor co-operation in efforts to elicit the relevantfacts regarding the alleged escape.

On 11 February, the USSR urged an urgentclosed meeting of the Security Council to discussthe situation, but no meeting was arranged untiltwo days later. On 13 February, the KatangaMinister of the Interior announced that PatriceLumumba and his colleagues had been killedon the previous day by certain villagers andrefused to disclose the name of the village orany other information.

Meanwhile, the Special Representative of the

81

Secretary-General reported that a serious civilwar situation was developing in Katanga pro-vince where the authorities unilaterally abro-gated their agreement of 17 October 1960 withthe United Nations to set up a neutral zone innorthern Katanga on the grounds that ONUChad failed to discharge its obligations and al-lowed troops from Stanleyville to penetrate thearea. (These units had, according to ONUC,entered the region through areas held by theKatanga gendarmerie.) On 11 February, theKatanga gendarmerie, officered by Belgians,launched an offensive military operation osten-sibly to clear the railway between Lubudi andLuena. It soon became clear, however, thatthey sought to subjugate the entire region in-habited by the Baluba tribes by the use of over-whelming force and the terrorization of thepopulation.

When the Security Council met again on 13February, the Secretary-General suggested thatthe tragic development concerning Mr. Lumum-ba deserved a full and impartial internationalinvestigation. After several representatives hadexpressed their shock or indignation at the news,the Council adjourned for two days.

During the next few days, the Council re-ceived a number of communications from Mem-ber states (Brazil, Bulgaria, Byelorussian SSR,Cuba, Czechoslovakia, Ethiopia, Guinea, Haiti,Liberia, Mali, Morocco, Norway, Poland, Ro-mania, Somalia, Sudan, Togo, Tunisia, Ukrain-ian SSR, USSR, Upper Volta, Venezuela andYugoslavia) condemning the assassination. Sev-eral of the communications criticized the roleof the Secretary-General in this connexion. Maliexpressed distrust in the Secretary-General,while Cuba and Guinea called for his resigna-tion. The USSR Government, in a statement of14 February, called for the dismissal of Mr.Hammarskjold from the post of Secretary-Gen-eral, immediate removal of all Belgian troopsand personnel from the Congo, and the discon-tinuance of the United Nations operation inthe Congo within a month. It announced thatit would not recognize Mr. Hammarskjold asSecretary-General nor maintain any relationswith him, and that, along with other states, itwould give all support to the Congolese peopleand their "lawful Government" headed byActing Prime Minister Antoine Gizenga. Bul-garia, the Byelorussian SSR, Czechoslovakia,



Poland, Romania and the Ukrainian SSR tooka position similar to that of the USSR. Severalother states, while condemning the assassination,expressed confidence in the Secretary-Generaland stated that the continued operation of theUnited Nations in the Congo was imperative.

The Security Council continued considerationof the question at its meetings between 15 and20 February. During this series of meetings, itinvited, in response to their requests, the repre-sentatives of Cameroun, Central African Re-public, Congo (Brazzaville), Czechoslovakia,Gabon, Iraq, Madagascar, Nigeria, Pakistan,Senegal, Sudan, Tunisia and Upper Volta.(This was in addition to those invited on 1February to participate.)

At the meeting on 15 February, the repre-sentative of the United States criticized theUSSR statement as an attack on the UnitedNations and claimed that the abandonment ofthe United Nations operation would lead tochaos and civil war in the Congo. He opposedall foreign military aid to the Congo, makingparticular reference to the USSR's offer ofassistance to the Stanleyville authorities who, heclaimed, had no legal status. Asking the Councilto look to the future, he recalled that theUnited States had held consultations with othermembers during the previous fortnight on aprogramme based on the maintenance of theterritorial integrity and political independenceof the Congo, the isolation of the country fromexternal interference, continued vigorous UnitedNations assistance and the settlement of internalpolitical controversies by peaceful means. Hecalled for: an end to all foreign interventionoutside the framework of the United Nationsand the withdrawal of foreign military andpara-military personnel; urgent measures toavert the extension of civil war; urgent negotia-tions to bring about unification and reorganiza-tion of the Congolese Army as suggested by theSecretary-General; release of all political prison-ers and their participation in the political pro-cess, once law and order had been restored; aninvestigation concerning the case of Mr. Lu-mumba; encouragement for efforts to broadenthe base of the Government; and the conveningof Parliament as soon as conditions of security,law and order permit. He felt that these meas-ures could be carried out effectively only

through the Secretary-General and the UnitedNations mission in the Congo.

The representative of the USSR said that hisGovernment did not identify the United Nationswith Mr. Hammarskjold, whose continuance inoffice it considered intolerable. He argued thatthe former basis of discussion, one of the mainelements in which was the release of politicalprisoners, had disappeared with the assassina-tion of Mr. Lumumba and that the independ-ence of the Congo could not be guaranteed solong as "the clique of Tshombe, Mobutu andKasa-Vubu" had free rein on the territory ofthe Congo. He explained that his Governmentfavoured the liquidation of the United Nationsoperation after the implementation of the ur-gent and decisive measures to enable the Congo-lese people to take the fate of their country intotheir own hands. He proposed a draft resolutionwhereby the Council would: (1) condemn theactions of Belgium which, it alleged, led to themurder of the Prime Minister of the Congo andhis colleagues; (2) call on Member states im-mediately to apply to Belgium the sanctionsprovided in Article 41 of the United NationsCharter; (3) enjoin the United Nations Com-mand to arrest Tshombe and Mobutu, to disarmall armed forces under their control and toremove all Belgian troops and personnel fromthe Congo; (4) direct that the United Nationsoperation in the Congo be discontinued withinone month; and (5) deem it essential to dismissD. Hammarskjold from the post of the Secre-tary-General of the United Nations as a par-ticipant in and organizer of the violence com-mitted against the leading statesmen of theCongo.

At the next Council meeting on the same day(15 February), the Secretary-General, replyingto the USSR accusations, traced the relevantfacts and asked for a clear statement as to whenand how the representatives of the United Na-tions had not used all the means put at theirdisposal in accordance with the mandate estab-lished by the Security Council and the GeneralAssembly. He reiterated that he could notresign, despite the withdrawal of the confidenceof a permanent member, since the USSR hadmade it clear that it would not wish to elect anew incumbent but would insist on an arrange-ment which he regarded as unworkable, unless


the Member states for which the Organizationwas of decisive importance or the uncommittednations for which the USSR pretended to speakwished him to do so in their own interest andin the interest of the United Nations. As to con-tinued action to achieve the aims of the UnitedNations in the Congo, he reiterated his sugges-tions for an international investigation of thecircumstances surrounding the assassination ofMr. Lumumba and his colleagues, for assistanceto reorganize the Armée nationale congolaiseand for the elimination of the Belgian politicalelement in the Congo. He indicated that in-structions had already been given to the Forceto protect the civilian population against at-tacks from armed units. He called for an en-dorsement of these measures and for the pro-vision of the means, such as military contingentsand finances, to implement them effectively. Heasked whether the Council was prepared to givehim the right of search to prevent arms importsand to control undesirable movements of fundsand whether the Council was prepared to over-ride the sovereign rights of the Republic toorder the convening of the Parliament.

The representatives of China, Chile, Ecuador,Turkey and the United Kingdom expressed sup-port for the Secretary-General and for the con-tinuation of the United Nations operation. Therepresentative of France also condemned theattacks against the Secretary-General. Therepresentative of Belgium denied any involve-ment by his Government in the case of Mr.Lumumba and appealed for United Nationsaction to stop alleged violations of human rightsof Belgians and other foreign nationals inOrientale and Kivu provinces and to obtain therelease of eight Belgian soldiers detained inStanleyville.

The representative of Ceylon called for thecontinuation of the United Nations operationwith a clearer mandate, the disarming of allarmed forces outside the United Nations Com-mand, immediate summoning of Parliament andthe constitution of a new Government, expul-sion of all foreign military and para-militaryelements, mercenaries and political advisers, andan immediate investigation of the murder ofMr. Lumumba and his colleagues. He said thatthe Council could not divest itself of responsi-bility for the instances of the unsatisfactory func-tioning of the office of the Secretary-General.

The representative of Liberia called for a fullinternational inquiry into Mr. Lumumba'sdeath, a demand for a truce among all rivalpolitical groups in the Congo for at least 60days, a meeting of leaders of these groups withthe Secretary-General and the Security Councilto settle the dangerous situation, and an endto intervention by Belgian nationals. He opposedany unilateral action in the Congo and urgedgreater authority to the Secretary-General tosecure peace and order in the country.

The representative of the United Arab Re-public called for urgent steps to avoid civil warand ensure evacuation of Belgian military andpara-military forces, the imposition of sanctionsif these forces were not evacuated, an impartialinvestigation of the murder of Mr. Lumumbaand his colleagues, the convening of the Parlia-ment and a return to legality, and an impartialre-organization of Congolese armed forces be-ginning with those which had committed actsof aggression.

Ceylon, Liberia and the United Arab Re-public jointly submitted a draft resolution on17 February whereby the Security Council,reaffirming earlier resolutions of the SecurityCouncil and the General Assembly, would: (1)urge that the United Nations immediately takeall appropriate measures to prevent the occur-rence of civil war in the Congo, including ar-rangements for cease-fires, for the halting of allmilitary operations, for the prevention of clashesand for the use of force, if necessary, in the lastresort; (2) urge that measures be taken for theimmediate withdrawal and evacuation from theCongo of all Belgian and other foreign militaryand para-military personnel and political ad-visers not under the United Nations command,and mercenaries; (3) call upon all states to takeimmediate and energetic measures to preventthe departure of such personnel for the Congofrom their territories and for the denial oftransit and other facilities to them; (4) decidethat an immediate and impartial investigationbe held to ascertain the circumstances of thedeath of Mr. Lumumba and his colleagues andthat the perpetrators of these crimes be pun-ished; (5) urge the convening of the Parliamentand the taking of necessary protective measuresin that connexion; (6) urge that Congolesearmed units and personnel should be reorgan-ized and brought under discipline and control,


with a view to the elimination of any possibilityof their interference in the political life of theCongo; and (7) call upon all states to extendfull co-operation for the implementation of theforegoing measures.

A number of the representatives who hadbeen invited to participate in the discussionsupported the provisions of the USSR draftresolution or the three-power draft resolution.Some other representatives—Cameroun, CentralAfrican Republic, Congo (Brazzaville), Gabon,Madagascar and Senegal—considered that theneutralization or disarming of the Congolesearmy would create a grave precedent, thatAfrican Chiefs of State should be given an op-portunity to help achieve a peaceful solution ofthe problem and that the Security Councilshould postpone a decision so that the GeneralAssembly might consider the problem at itsresumed session. Several representatives ex-pressed confidence in the Secretary-Generaldespite any mistakes which might have beenmade.

The Council adjourned on 17 February toawait the publication of two messages sent bythe Conciliation Commission to the AdvisoryCommittee on the Congo. These were circulatedthe next day. The messages contained certainconclusions on the situation in the Congo andcondemnation of the evil practice of resortingto violent means to eliminate political oppon-ents. In its covering note, the Advisory Com-mittee stated that it had not considered theconclusions contained in the messages and thatthey should not be taken as the views of theGovernments represented on the Committee.Also on 18 February, the Council received acable from the President of Ghana containingseveral proposals for the solution of the prob-lem.

When the Council met again on 20 February,it was informed by the Secretary-General thatsix political leaders imprisoned in Leopoldville,including Mr. Finant, president of the provin-cial government of Orientale province, had beendeported to Bakwanga, the capital of the so-called "Etat minier" of South Kasai, that theirsubsequent execution in Bakwanga had beenconfirmed, and that a number of prominentleaders had been arrested in Leopoldville andelsewhere. The Secretary-General and severalrepresentatives expressed their revulsion and

shock at the news. (On 21 February, the SpecialRepresentative of the Secretary-General askedthe authorities in Bakwanga for informationconcerning the fate of several other prisonerswhose transfer to Bakwanga had by then becomeknown.)

Also on 20 February, Ceylon, Liberia and theUnited Arab Republic proposed a second draftresolution in the Council on the question ofarrests, deportations and assassinations andasked that it be accorded priority in voting.After some discussion, the motion for prioritywas put to the vote and not adopted, havingreceived 4 votes in favour and 7 abstentions.

As to the first three-power draft resolution of17 February, the representatives of the UnitedStates, Turkey, China, the United Kingdomand Chile expressed support despite reservationsabout certain of its aspects. They stated that,in voting for the resolution, they understood,first, that though the draft did not specificallyrefer to the Secretary-General's responsibilityfor carrying out its provisions, responsibilitywas covered by the provisions of the Charterand the reaffirmation of earlier resolutions.Secondly, they understood that the provisionauthorizing the use of force would be governedby the provisions of the Charter which restrictthe use of force and prohibit the Organizationfrom intervening in the internal affairs of Mem-ber states. Force could be used only as a lastresort and only to prevent a clash between rivalCongolese troops, but not to impose a politicalsettlement. Thirdly, they accepted the inter-pretation of the representative of Liberia, oneof the sponsors, that the draft called for meas-ures by Member states to prevent the provisionnot only of personnel but also of material orother aid for military purposes in the Congo.The representative of France expressed the viewthat the United Nations must scrupulously re-spect the sovereignty of the Congo and assistthe legitimate authorities, particularly the Chiefof State and the Government of Mr. Ileo, toreorganize the armed forces and restore order.

On the night of 20 February, the USSR pro-posal was rejected by 8 votes to O, with 2 absten-tions. In the early hours of 21 February, the firstthree-power draft resolution was adopted by 9votes to O, with France and USSR abstaining.

In response to comments by the representa-tives of China, Turkey and the United States,


the second three-power resolution was revisedby its sponsors. By this revised text, the Council,taking note of the reports on the atrocities andassassinations in Leopoldville, Katanga andSouth Kasai, would: (1) strongly condemn theunlawful arrests, deportations and assassinationsof Congolese political leaders; (2) call uponall concerned to put an end to such practices;(3) call upon the United Nations authoritiesin the Congo to take all possible measures in ac-cordance with the Charter to prevent the oc-currence of such outrages including, if neces-sary, the use of force as a last resort; and (4)decide upon an impartial investigation to de-termine the responsibility for these crimes andto seek the punishment of perpetrators of suchcrimes.

Disagreement on this text centred on two ofits provisions. First, the representative of Chinafelt that the authorization to use force was anextreme measure which was in a way againstthe United Nations Charter. This provisionwas voted on separately. It received only 5 votesin favour, there being 1 vote against and 5 ab-stentions, and was not adopted.

Second, the representative of the UnitedStates, supported by several other speakers, feltthat the Council should take note not only ofreports concerning atrocities and assassinationsin three areas of the Congo mentioned in thedraft but also of reports received by the Councilon other areas, particularly Stanleyville. Heproposed an amendment to this effect, whichsome representatives opposed on the groundthat the reports were not comparable; it re-ceived 8 votes in favour and 3 against, but wasnot adopted because of the negative vote of apermanent member (the USSR). The UnitedStates representative then submitted an alter-native amendment to the same end. The voteon it was 7 votes in favour, 3 against and 1abstention; it was not adopted because of thenegative vote of the USSR. The draft resolu-tion, as revised, received 6 votes in favour and5 abstentions. It was not adopted, having failedto attain the required majority of 7 affirmativevotes.

After the vote, the representative of theUSSR stated that he had abstained on the firstthree-power draft resolution since it was weakand some of its provisions were unclear, thoughseveral provisions indicated its positive orienta-

tion. He claimed that the resolution gave nomandate to the Secretary-General. Arguing thatthe authorization to use force to prevent civilwar was meant mainly against Tshombe andMobutu, he said that the use of force againstthe units of the "legal Government" would bea violation of the resolution. The representativesof the United Kingdom and the United Statesindicated that they would have voted for thesecond three-power text if the amendments tochange the one-sided character of the pre-ambular paragraph had not been defeated bya veto.

The Secretary-General welcomed the resolu-tion as giving a stronger and clearer frameworkfor the United Nations action though not pro-viding a wider legal basis. Noting that it reaf-firmed earlier resolutions entrusting the execu-tion of decisions to the Secretary-General, hestated that he would seek the guidance of theAdvisory Committee in its implementation. Heindicated that the addition to the duties of theUnited Nations Force would necessitate itsstrengthening by further contributions. Express-ing regret over the failure to adopt the secondthree-power draft resolution, despite the agree-ment on its operative part, he said that he woulduse its full moral value in the Organization'sefforts in the Congo.

IMPLEMENTATION OF SECURITY COUNCIL

RESOLUTION OF 21 FEBRUARY 1961

The Secretary-General undertook immediatemeasures to implement the Security Councilresolution of 21 February 1961 in close consulta-tion with the Advisory Committee on the Congo.

Noting that implementation of the resolutionwould require a substantial increase in thestrength of the United Nations Force, the Sec-retary-General approached the contributingstates and other African Member states on 24February for new or additional troops. (TheForce at the time had a strength of about17,500, but, if the Governments of Indonesiaand Morocco repatriated their contingents, itwould be reduced to 14,500. The Special Re-presentative and the Military Command of theForce felt that a strength of about 23,000 wasrequired for the implementation of the SecurityCouncil resolution.)

On 3 March, the Permanent Representativeof India informed the Secretary-General that


the Indian Government would despatch a bri-gade to the Congo as reinforcements to help inthe full implementation of the Security Councilresolution. He stressed the need for a veryearly withdrawal of the Belgian personnel re-ferred to in that resolution. On 4 March, theSecretary-General endorsed this view, as wellas the position of the Government of India thatits forces should not be called upon to fighttroops or nationals of other Member states (theonly possible exceptions being Congolese armedunits or Belgian and other military and para-military personnel). None of the troops in theForce could be used for the suppression of popu-lar movements or for any other partisan politicalends.

Substantial reinforcements were also suppliedby Ethiopia, the Federation of Malaya, Liberia,Nigeria and Tunisia. The Government of Su-dan, however, decided to withdraw its contin-gent from the United Nations Force.

In the implementation of the Security Coun-cil resolution, the United Nations representa-tives encountered certain difficulties arisingfrom misunderstandings and misrepresentationsin the Congo concerning the intentions of theUnited Nations, a series of attacks by Congolesetroops against United Nations personnel in theLeopoldville area, the attitude of Belgium con-cerning the extent of its obligations under theresolution, and various other developments. Theefforts made by the United Nations representa-tives and the results achieved, as reported in anumber of documents submitted to the SecurityCouncil, are reviewed below.

(i) Violations of Human Rights and Funda-mental Freedoms. On 21 February, immediatelyafter the Security Council decision, the Secre-tary-General drew the attention of the Presidentof the Congo (Leopoldville) to the Council'sdiscussion on the recent arrests, deportationsand executions of Congolese political person-alities. Pointing out that, though a resolutionhad not been adopted because of difficulties indrafting, members had felt that such acts shouldbe considered serious crimes at the internationallevel as well, he expressed the hope that thePresident would at once take firm measures toprevent their repetition. The Special Repre-sentative was asked to despatch similar messagesto other Congolese leaders.

On 2 March, the President of the Congo re-plied that the Central Government had con-demned summary executions and political ar-rests but took exception to the reference to Mr.Finant and others as political prisoners.

Meanwhile, the Secretary-General circulateda number of documents informing the SecurityCouncil about the violation of human rights andfundamental freedoms in different parts of theCongo, the repeated intercessions by ONUCrepresentatives with local authorities, and themeasures taken by ONUC to protect the popu-lation. ONUC representatives succeeded inpersuading the Stanleyville authorities to re-strain the population, especially after the deathof Mr. Lumumba, with the result that the situ-ation was kept under some degree of control.They obtained assurances concerning the safetyof eight Belgian soldiers under detention but,despite repeated approaches to the Stanleyvilleauthorities, could not verify the strong rumoursthat certain Congolese detainees, including Mr.Songolo, former Minister in the Central Gov-ernment, and Lieutenant-Colonel Lokoso, for-mer army commander at Stanleyville, had beenliquidated after the death of Mr. Lumumba.ONUC assisted in the evacuation of over athousand foreign nationals in Kivu province.United Nations protected areas for threatenedcivilians were established in Stanleyville, Ori-entale province, and in Bukavu, Goma andKindu, Kivu province. A protected area wasalso set up in Leopoldville in mid-Februarywhen the news of the Bakwanga executions ledto a great pressure of requests for protection.Asylum was granted only to persons who couldshow that they were in real danger, but not topersons under lawful prosecution for commoncrimes. No political activities were permittedto persons granted asylum.

The President of the Congo, in a letter to theSecretary-General on 2 March, protested againstthe establishment of the protected area in Leo-poldville without consultation with the Congo-lese authorities. The Secretary-General repliedon the next day that conditions in Leopoldvillehad compelled ONUC to take protective meas-ures and explained that such a humanitarianstep in no way infringed upon Congolese sove-reignty and authority.

Another problem brought to United Nationsattention concerned the denial of freedom of


movement. Many persons in Leopoldville, in-cluding wives and children who were withoutmeans of livelihood in the area, were not per-mitted to return to their homes in Stanleyvilleand other areas, while numerous Congolese andEuropeans in Orientale and Kivu provinceswere not allowed to leave those areas. ONUCrepeatedly made representations on this matterand tried to impress on the authorities con-cerned to permit, as a first priority on humani-tarian grounds, that wives and children shouldbe assisted to rejoin their husbands and fathers.

(ii) Civil War Situation. Between 24 Febru-ary and 7 March, the Special Representativeof the Secretary-General submitted a numberof reports on the civil war situation in the mainsectors of the Congo.

A threat of conflict developed in the Equa-teur-Orientale sector where large reinforce-ments brought by General Mobutu confrontedforces in Orientale province commanded byGeneral Lundula. United Nations representa-tives impressed upon both commanders thegrave consequences of military operations tosecure solutions of political problems and ob-tained assurances of a desire to avoid a clashof arms. However, on 25 February 1961, troopsfrom Stanleyville crossed the provincial borderand, by-passing General Mobutu's troops, en-tered Ikela without firing a shot. Following astern reminder by the Special Representative ofthe terms of the Security Council resolution,General Lundula agreed to the withdrawal ofhis detachment provided that it was replacedby ONUC troops.

Meanwhile, on the night of 23 February,about 150 soldiers from the Stanleyville garrisonarrived at Luluabourg ostensibly to protect localpersonalities said to have been in danger ofarrest. The commander of the local garrisonfled and a number of other officers were ar-rested or became inactive. An imminent armedclash on 25 February was prevented by theintervention of ONUC officers and the Stanley-ville troops left in the area. But the actions ofthe leaderless local troops, arousing the hostilityof the population, led to outbursts of violenceresulting in a number of casualties. Hundredsof Congolese were afforded United Nations pro-tection, and the situation was gradually restoredto normal through the efforts of ONUC and

the provincial government.In South Kasai, information regarding plans

of Mr. Kalonji, self-styled president of the so-called "Etat minier," to advance towards Sentery,eastern Kasai, and Kasongo, Kivu province, ledto a stern warning on 24 February by the Spe-cial Representative, who noted that this aggres-sive action would involve passing through theterritory of hostile tribes. Mr. Kalonji gave anassurance on 27 February that he would onlymaintain defensive positions.

In Katanga, where Mr. Tshombe's forcescontinued to advance in hostile Baluba areastowards Piana, burning villages en route, warn-ings by United Nations representatives resultedin assurances on 23 February that the operationswould be halted. Though these assurances werewithdrawn on 27 February, no open militaryengagements took place for some time.

Thus, considerable improvement was achievedearly in March by persistent efforts of theUnited Nations to prevent armed conflict andbloodshed.

However, the threat of civil war developedagain towards the end of March and earlyApril in the Katanga province. The gendarmerieoccupied Manono on 30 March and concurrent-ly began an operation to clear the railway linesfrom Albertville and Kongolo to Kabalo. Bel-gian and other foreign personnel were employedin both these operations which were not halteddespite the serious warnings of the United Na-tions Commander. A number of villages wereburned and there were a large number of casu-alties. Attacks on United Nations Ethiopianpatrols near Kabalo resulted in exchanges of fireduring which, on 8 April, a barge carryingKatangese gendarmerie was sunk. United Na-tions troops in Kabalo were reinforced and re-tained firm control of the Kabalo airfield andthe railway station. ONUC provided protectionto several hundred Balubas in the area.

(iii) Relations between United Nations andCongolese Authorities. The attitude of PresidentKasa-Vubu and the Congolese authorities to-wards the Security Council resolution, UnitedNations efforts to secure their co-operation inits implementation and other relevant develop-ments, insofar as they are not covered underother sub-headings in this particular section, arereviewed below.


On 22 February, the President of the Congoinformed the Security Council that his Govern-ment was of the view that the United Nationshad no authority to lay down a procedure forthe employment of foreign technicians, to con-duct investigations in the Congo without theprior agreement of the Government, or toimpose solutions concerning the convening ofParliament and the reorganization of the armedforces. While it was prepared to co-operate withthe United Nations and its Secretary-General tothe extent that the principles of consultationand co-operation were respected, it regrettedthat the Security Council's resolution of 21February might be interpreted in a way as todisregard the country's sovereignty. It appealedto United Nations organs and officials to re-spect the sovereignty of the Congo by makingboth civil and military operations contingentupon consultation and co-operation with theCentral Government. Finally, it expressed itsreadiness to oppose any undertaking or actionviolating national sovereignty, whether carriedout by the United Nations or any other power.

The Secretary-General, in a letter of 27 Feb-ruary, drew the attention of the President ofthe Congo to the weight and seriousness to beattached to the Security Council resolution andexpressed shock at the allegations of a desire inthe United Nations to infringe upon the Congo'ssovereignty while the Organization was in facttrying to create conditions in which the Congo-lese themselves could achieve a solution of theirproblems without any outside interference. In-dicating that the representatives of the UnitedNatons were firmly determined to implementthe Council's decision, he expressed the hopethat the United Nations could count on the co-operation of the authorities.

The Secretary-General also drew the atten-tion of the Security Council to several incidentsin the Leopoldville area, which, he said, seemedto reflect tendencies with a serious bearing onthe implementation of its resolution.

Despite repeated assurances and explanationsby United Nations representatives, Congolesemilitary and political leaders alleged that theUnited Nations sought to disarm the Congolesearmy and impose a trusteeship over the country.The movement of Stanleyville troops to Ikelaand Luluabourg led to charges of partialityagainst the United Nations representatives. A

series of actions against the United Nations tookplace in this atmosphere. On 26 and 27 Febru-ary, for instance, several United Nations civil-ians and military personnel in Leopoldville weresubjected to arrest, detention and acts of vio-lence. On 27 February, the President of theCongo made a broadcast charging the UnitedNations with betrayal, calling on the people tosupport the Army, announcing a decision toform a reserve battalion and appealing to Mr.Tshombe to join forces with the Republic ofthe Congo in the face of common danger. On1 March, the Ministry of Foreign Affairs in-formed the Special Representative that, in orderto prevent incidents between the United Na-tions and the Congolese army, it had decidedthat United Nations personnel must evacuatethe air force installations at Ndjili, that theymust not enter Congolese military camps andthat the United Nations troops must withdrawfrom the Parc Hembise camp.

The Secretary-General replied to the Presi-dent of the Congo on 3 March that, while theUnited Nations earnestly desired to avoid anyfriction with the Congolese army, efforts to thatend must be reciprocal and that the UnitedNations could not accept unilateral abrogationof agreements nor abandon positions and rightswhich it had the responsibility of maintainingin the execution of its mandate.

A series of attacks by the Armée nationalecongolaise (ANC) against United Nationspersonnel and units took place in the lowerBakongo area between 3 and 5 March 1961,following the introduction of what the Secre-tary-General's Special Representative in theCongo described as "vexatious and unjustifiedrestrictions" on the movement of United Na-tions personnel. An exchange of fire took placeon 3 March at the entrance to the Moanda air-strip when the commander of the Sudanesecontingent and his escort were wrongfullystopped by Congolese troops and again whenthe escort proceeded to the Congolese armycamp in Banana to return two soldiers who hadsurrendered. Congolese troops then shelled theUnited Nations encampment at the Bananabase: in order to avoid aggravation of the situa-tion, the Sudanese troops withdrew to Kitonaon 4 March. Also on 4 March, Congolese troopsat Matadi began firing at the building occupiedby the Canadian Signals detachment and at the


Sudanese camp. The ensuing incidents resultedin a large number of casualties, and, on 5March, the Sudanese Commander was obligedto agree to the evacuation of his unit fromMatadi.

These incidents led to strong protests by theSecretary-General and his representatives whopointed out that the presence of the UnitedNations Force in Matadi, in particular, was avital condition for the carrying out of theUnited Nations mission in the Congo, especiallyfor the prevention of civil war and the haltingof military operations. The withdrawal of theUnited Nations Force from Matadi deprived itof its life-line to the sea, and war material couldenter unchecked into the Congo with immeasur-able consequences on the civil war situation.The Special Representative undertook nego-tiations with the authorities in Leopoldville toensure the peaceful restoration of United Na-tions positions, but the Leopoldville authoritiesdisputed the United Nations version of the in-cidents and tried to introduce various condi-tions which the Secretary-General found unac-ceptable. The Secretary-General pointed outin a message to President Kasa-Vubu on 8March that the United Nations action had beenundertaken not merely in response to a requestof the Congolese Government but also in orderto counteract a threat to international peaceand security. The status, rights and functionsof the United Nations were not based solely ona contractual relationship with the CongoleseGovernment, but were governed by mandatorydecisions of the Security Council. Despite press-ing appeals by the Secretary-General to thePresident of the Congo, the negotiations becameprolonged and ONUC had to decline to takecharge of large quantities of supplies whicharrived at Matadi.

Meanwhile, following the despatch of theIndian contingent of the United Nations Forceto Kamina on 2 April, Mr. Tshombe stronglycriticized the move as an invasion. Serious in-cidents took place in Elisabethville when theKatangese gendarmes attempted to interferewith the United Nations contingent at the air-port, and hostile demonstrations were stagedagainst United Nations personnel. A boycottagainst United Nations personnel was orderedby the provincial authorities in Elisabethville,Kamina and Albertville. ONUC reinforcements

were flown into Elisabethville on 5 Aprilview of the tension thus created.

in

(iv) Withdrawal of Belgian and Other For-eign Military and Para-military Personnel andPolitical Advisers not under the United NationsCommand, and Mercenaries. On 22 and 23February 1961, the Secretary-General sent notesto the representatives of Belgium and all otherMember states drawing their attention to theirobligations under the Security Council resolu-tion of 21 February on the withdrawal of Belgianand other foreign military and para-militarypersonnel, political advisers, and mercenaries.

In an exchange of correspondence during theperiod 22 February—4 March 1961 between theSecretary-General and the representative ofBelgium, the Secretary-General called for theuse of the full powers and influence of theBelgian Government to ensure the prompt andfull implementation of all the relevant provi-sions of the Security Council resolution.

The representative of Belgium indicated thathis Government desired to collaborate for thesuccessful outcome of the United Nations actionin the Congo, with scrupulous respect for theCongo's sovereignty and for the lawful positionof its President and the Government constitutedby him. He stated that Belgian military per-sonnel who had remained at the Kamina andKitona bases by agreement with the UnitedNations were due to leave before 15 March1961 and that 31 former members of the BelgianArmy, who had been made available to theCongolese authorities and had arrived in theCongo after 1 July 1960, would return to Brus-sels by 19 March. He claimed that other Belgianpersonnel—such as members of the former Forcepublique and Belgian agents who had beenmade available to the Congo under Article 250of the Loi fondamentale were dependent on theCongolese authorities and that the Secretary-General should agree with those authorities re-garding their relief. The Belgian Governmenthad no interest in mercenaries recruited byCongolese authorities: those who still had mili-tary obligations in Belgium would be requestedto return home and measures to prevent furtherrecruitment would be intensified. He claimedthat the Belgian Government could not compelthe return of Belgian citizens unless they hadunfulfilled military obligations.


The Secretary-General felt that the Belgianposition was not fully satisfactory since, in hisview, the Belgian Government was under a legalobligation to take all measures to the full extentof its power, including adaptation of nationallegislation if necessary, to give effect to themandatory decision of the Security Council,without making any exceptions. On 8 March,he appointed Ambassador Taieb Sahbani ofTunisia as his representative to work out thenecessary arrangements with Belgium for apply-ing the Security Council resolution. The BelgianGovernment delivered a note to Mr. Sahbanion 1 April reiterating that the withdrawal ofpersons employed by the Congolese authoritiesposed certain difficulties and suggesting that thedeparture and replacement of these personnelbe discussed by representatives of the Secretary-General and the Congolese and Belgian authori-ties.

Meanwhile, on 2 March, after the reply fromBelgium concerning steps it would take to im-plement the resolution, the Secretary-Generalwrote to the President of the Congo asking forhis co-operation in ensuring the withdrawal offoreign personnel, and offering United Nationsassistance, including the provision of personnelto assume legitimate and necessary protectivefunctions. As a first step, he called for accurateand comprehensive information concerning per-sonnel covered by the provisions of the SecurityCouncil resolution and the steps he was takingto comply with the resolution.

Also on 2 March, the Secretary-General ad-dressed a similar letter, through his SpecialRepresentative, to Mr. Tshombe. The Presidentof the Congo wrote to the Secretary-Generalon 6 March that there were only 14 Belgianofficers with the troops under General Mobutu'scommand and that their departure alone wouldsolve no problem.

On 16 March 1961, the Secretary-Generalinformed the President of the Congo that, inorder to ensure the speedy implementation ofthe Security Council decision, he was sending adelegation consisting of Robert Gardiner andF. C. Nwokedi to Leopoldville to discuss withthe President and his advisers the best meansof giving effect to the decision and the posts towhich it was applicable.8

On 7 April 1961, the United Nations Forcetook into custody 30 foreign mercenaries who

landed in a plane of the Katangese armed forcesat the Kabalo airfield. They were transferredto the Kamina base for questioning and ar-rangements were made for their deportation.A report on the interrogation was submitted tothe Security Council on 14 April 1961.

Subsequently, the United Nations Force inLeopoldville detained the crew of an aircraftregistered in the Federal Republic of Germany,while on a return flight from Kolwezi, in Ka-tanga province, where it had delivered a cargoof arms and munitions.

In reply to a note of 12 April by the Secre-tary-General, the permanent observer of theFederal Republic of Germany stated on the nextday that the arms had not been loaded into theaircraft on German territory and that his Gov-ernment would investigate whether the case inquestion involved a violation of law. (The re-presentative of Belgium, addressing the GeneralAssembly on 15 April, denied that the aircrafthad been chartered by Sabena (the Belgian air-line) to carry arms and munitions.)

(v) Re-organization of Congolese ArmedUnits and Personnel. In letters of 27 Februaryand 2 March 1961 to the President of theCongo, the Secretary-General sought his sup-port in the implementation of the provisions ofthe Security Council resolution of 21 Februaryconcerning the re-organization of Congolesearmed units and personnel. The President, in aletter of 6 March, agreed that the matter wasimportant and suggested several principles as abasis for agreement, as follows: that the Na-tional Army should remain under the command

8 An agreement on general principles concerning theimplementation of the Security Council resolution of21 February 1961 was initialled by Congolese andUnited Nations representatives on 17 April. Underthis agreement, the Republic of the Congo acceptedthe Security Council resolution of 21 February 1961,and its President undertook to re-examine the appoint-ments of foreign personnel made under his authorityand to take the necessary decisions compatible withthe interests of the Congo. The United Nations under-took to give to the President all possible assistance inrecruiting necessary technicians and in training ad-ministrative technical cadres. The Republic of theCongo also recognized the need to reorganize theNational Army under the authority of the President,with United Nations assistance on the basis of pro-posals made by the Chief of State in a letter of 5March to the Secretary-General.


of the President of the Republic; that the re-organization must embrace the whole country;that the re-organization plan should be drawnup by a National Defence Council set up by thePresident and including Congolese and UnitedNations officers; and that the Congolese Gov-ernment should have the right to accept orreject the technicians proposed.

On 16 March 1961, the Secretary-Generalinformed the President of the Congo that hissuggestions could to some extent serve as thestarting point for a joint study, and that Mr.Gardiner and Mr. Nwokedi had been asked toconsult with him on the matter.9

(vi) Investigation of Circumstances of Deathsof Mr. Lumumba and his Colleagues. Afterdiscussion of the means to implement theprovision of the Security Council resolutionconcerning the investigation of the death ofMr. Lumumba and his colleagues, the AdvisoryCommittee on the Congo recommended that aCommission of four members, nominated by theGovernments of Burma, Ethiopia, Mexico andTogo, be set up to conduct the investigation,and suggested terms of reference for the pro-posed Commission. On 20 March 1961, theSecretary-General informed the members of theSecurity Council of these recommendations. TheCommission was established by the GeneralAssembly on 15 April 1961, by resolution 1601(XV), which was adopted by a roll-call voteof 45 to 3, with 49 abstentions. (For member-ship of Commission, see APPENDIX III.)

REPORT OF THE UNITED NATIONSCONCILIATION COMMISSIONFOR THE CONGO

The United Nations Conciliation Commissionfor the Congo, established in accordance withthe terms of General Assembly resolution 1474(ES-IV) of 20 September 1960, submitted itsreport to the Assembly on 20 March 1961.

The Advisory Committee on the Congo de-cided on 5 November 1960 that the Commissionshould consist of persons appointed by theGovernments of Ethiopia, the Federation ofMalaya, Ghana, Guinea, India, Indonesia, Li-beria, Mali, Morocco, Nigeria, Pakistan, Sene-gal, Sudan, Tunisia and the United Arab Re-public, but acting in their individual capacities;subsequently, Guinea, Indonesia, Mali and the

United Arab Republic decided to withdrawfrom the Commission. The Moroccan memberwas not present at the meetings where the re-port was drafted and signed. The Chairman(Jaja A. Wachuku of Nigeria) signed the reportwith some notes and reservations, and the repre-sentative of India submitted a note of clarifica-tion. The representative of Ghana, who did notsign the report, submitted certain observations.

The officers of the Commission had arrived inLeopoldville on 13 December 1960 to makepreparations and the Commission itself as-sembled in the city on 3 January 1961. Duringits stay in the Congo until 20 February 1961,the Commission reported, it met President Kasa-Vubu and a number of political leaders in Leo-poldville and in the provinces. It made a carefulstudy of the situation in the Congo and ascer-tained the views and feelings of most of itsleaders. It sought to help reconcile the varioustrends of opinion, without interfering in theinternal affairs of the country, in order toachieve a peaceful solution to the crisis, but itsefforts did not lead to positive results becauseof the unco-operative and intransigent attitudeof certain leaders, and the constantly deteriorat-ing situation culminating in the murder of Mr.Lumumba and other political leaders. Its reportcontained the results of its study, including anumber of conclusions on the situation. It wel-comed the Security Council resolution of 21February 1961, the provisions of which werein accord with many of its own conclusions andrecommendations.

The Commission felt that the Loi fondamen-tale was incomplete and ill-adapted to the needsof the Congo and that its amendment and re-placement by a new constitution would con-tribute greatly to a solution of the crisis. How-ever, until this had been done, it suggested thatall concerned should uphold the Loi fondamen-tale as the basic law of the Republic. It thoughtthat the United Nations could extend technicalassistance in the form of a team of experts toco-operate with the Congolese authorities intheir endeavour to return to legality and con-stitutionality, in the revision of the Loi fonda-mentale and the drafting of a new constitution,in the drafting of new laws and their imple-mentation, as well as in the administration ofjustice.

9 See footnote 8.


It noted that the Chief of State had dissolvedthe Council of Commissioners-General on 9February and replaced it by a "provisionalgovernment" headed by Mr. Joseph Ileo, andthat Mr. Ileo had told the Commission that heintended to broaden its base so as to make it anational unity government. The Commissionconsidered this move an encouraging step to-ward an early return to constitutionality, thoughthe Ileo government could not be consideredlegal until it was approved by Parliament. The"provisional government" could not, however,bring about an improvement of the situation orcontribute to the solution of the crisis until itincluded representatives of the main trends ofpolitical opinion. The Commission, therefore,recommended the establishment of a "provision-al government of national unity" whose taskwould include the arranging of a truce betweenthe different factions, the restoration of law andorder, the re-organization of the administrationand the army with the assistance of the UnitedNations, and the taking of steps to enable Parlia-ment to adopt a constitution.

It felt that military operations within theCongo must be halted immediately to avert theimminent danger of civil war and that attemptsby Congolese leaders to achieve a military solu-tion of the present crisis must be checked. Itconsidered it essential that the national armyand other armed groups operating in the terri-tory be insulated from politics and re-organizedwith the assistance and under the guidance ofthe United Nations and that, during the periodof its re-organization, the United Nations Forceshould assist the Congolese authorities in themaintenance of law and order and in protectingthe unity and territorial integrity of the state.

It suggested that a meeting of the principalCongolese leaders should be convened at aneutral place, outside the Congo if necessary,with a view to achieving national reconciliationand agreement on the formation of a govern-ment of national unity, on measures necessaryto re-establish normal conditions and on desiredchanges in the Loi fondamentale. The conclu-sions of such a meeting, however, would haveto be submitted to Parliament for study andratification.

The Commission felt that, in view of therecent tragic developments, all political prison-ers should be released forthwith and that arbi-

trary arrests, transfers and executions of politicalleaders should be prevented. It felt that ade-quate measures should be taken by the UnitedNations Force to give protection to such mem-bers of Parliament as might desire it, so as toguarantee the exercise of the rights and immuni-ties to which they were entitled and to enablethem to discharge their responsibilities withoutfear.

The Commission felt that the continuing de-terioration of the situation and the drift of thecountry towards civil war and disintegrationwas largely due to the deliberate violations ofthe decisions of the Security Council and theGeneral Assembly calling upon all states torefrain from any assistance to any side in theRepublic for military purposes. It deplored thecontinued presence of large numbers of Belgianand other foreign military and para-militarypersonnel, political advisers, and mercenariesin various parts of the country and felt thatimmediate steps must be taken to remove themforthwith.

It suggested an appeal to all states to abstainfrom any kind of interference in the internalaffairs of the country and, in particular, toavoid assuming any attitude which might aggra-vate the opposition between the different ten-dencies in the Congo and thus make reconcilia-tion more difficult.

CONSIDERATION BY GENERALASSEMBLY, MARCH-APRIL 1961

On 7 March 1961, when it resumed its fif-teenth session, the General Assembly heard anaddress by the President of Ghana, who made anumber of proposals for the settlement of theCongo problem. He suggested: (1) that theUnited Nations Command must immediatelyfulfil its duty to maintain law and order (in-cluding the enforcement of the constitutionand the laws of the Congo) and to preserve theintegrity of the Republic; (2) that the UnitedNations civilian staff and military Commandmust be re-organized so that the initiative for asolution would come primarily from the Africanstates, with military support from the uncom-mitted countries of Asia and other areas; (3)that all initiative and aid from non-Africanpowers, particularly from those allied in pactsagainst one another, must cease; and (4) that,as soon as the military situation had been sta-


bilized, the Congolese Parliament should meetunder United Nations protection so that a legi-timate Government could function normally inaccordance with the Constitution, and a newgeneral election held under United Nationssupervision. In order to carry out these prin-ciples, he proposed: that a new and strength-ened United Nations Command, primarilyAfrican in composition, should be establishedin Leopoldville at once; that the Commandshould take over complete responsibility for lawand order and for reasserting the territorialintegrity of the state; that all airfields and sea-ports should be brought under United Nationscontrol so that the flow of arms and otherequipment from outside could be stopped; thatall foreign diplomatic missions should be re-called from the Congo for the time being; thatall Congolese armed units should be disarmedand all Congolese soldiers returned to bar-racks, re-organized and re-trained; that thedisarming should be voluntary, force being usedonly if certain factions would not co-operate;that all non-African personnel serving in theCongolese Army should immediately be ex-pelled from the Congo; and that the UnitedNations civilian staff must assist the Govern-ment to formulate a banking and foreign ex-change policy so as to free the Governmentfrom outside pressure.

In a cable on 9 March 1961, President Kasa-Vubu informed the President of the GeneralAssembly that a conference of the de facto andde jure authorities of the Congo had begun itsdeliberations at Tananarive, Madagascar, on 8March under his chairmanship and had decidedto request the Assembly to refrain from takingany position with regard to the Congo beforethe results of the conference were known.Further, in view of the tension prevailing in theCongo as a result of the Security Council reso-lution of 21 February, members of the confer-ence had felt that any new policy decision orany implementation or attempt to implementthat resolution without taking Congolese opin-ion into account might very seriously aggravatethe situation in the Congo.10

The General Assembly resumed considerationof the situation in the Congo on 21 March 1961.The general debate on the question continuedover fourteen meetings until 7 April.

The representatives of the USSR and of sev-

eral other states claimed that Belgian aggressionagainst the Congo had continued and that theSecurity Council resolution had not been im-plemented. They called for appropriate sanc-tions to ensure the withdrawal of Belgiantroops and personnel, the immediate arrest ofMr. Tshombe and General Mobutu as directlyresponsible for the assassination of Mr. Lumum-ba and his comrades, the immediate disarmingof the military and police units of Mr. Tshombeand General Mobutu, and support for the"legitimate Government" headed by AntoineGizenga. They proposed that the United Nationsoperations in the Congo be terminated withinone month, arguing that that period was suffi-cient to complete the task of restoring legalityand order. Charging that Mr. Hammarskjoldhad abused the office of Secretary-Generaland had carried out the operation in such a wayas to strangle the Congo's independence, theycalled for his removal from the post of Secre-tary-General and for a change in the structureof the Secretariat. They suggested the establish-ment of a Commission of African States tosupervise, in co-operation with the legitimateGovernment, the expulsion of the aggressorsand the implementation of other measures toensure the independence and free developmentof the country. They argued that the Concilia-tion Commission was not an official organ ofthe United Nations and criticized it for makingsuggestions on changes in the Congolese consti-tution and on certain other matters. Finally,they condemned the Tananarive Conference,claiming that it did not represent the will of theCongolese people and that its decisions were

10 As noted by various representatives in the Assem-

bly, 18 political personalities in the Congo—includingPresident Kasavubu, Mr. Ileo, Mr. Tshombe and Mr.Kalonji—met at the conference in Tananarive, Mada-gascar. Mr. Gizenga was invited, but did not attend.The conferees decided in principle to establish a con-federation of sovereign states, with Mr. Kasa-Vubu asPresident. A Council of States, composed of the Presi-dent of the Confederation and the Presidents of themember states, was to be formed to determine thepolicies of the confederation. All the decisions of theCouncil were to be by unanimous vote. The confereesalso called for the cessation of the transport of theIndian contingent of the United Nations Force to theCongo and requested the United Nations to secure anadvisory opinion from the International Court of Jus-tice on the validity of the Security Council resolutionof 21 February 1961.


illegal and aimed at the disintegration of theCongo.

Several other representatives expressed confi-dence in the Secretary-General and criticizedproposals for the re-organization of the Secre-tariat. They argued that the attacks against theSecretary-General were designed to wreck theauthority and effectiveness of the United Na-tions, and were particularly detrimental to theinterests of small states. Several representativessuggested that the question of the structure ofthe Secretariat of the United Nations shouldnot be linked to the question under discussion.A number of representatives opposed the USSRproposal for the termination of the United Na-tions operation within a month as it was likelyto lead to anarchy and chaos.

Several representatives supported the lastresolution of the Security Council. They ex-pressed grave concern over the conflicts betweenCongolese armed units and the United NationsForce at Matadi and Banana and held thatUnited Nations presence in those areas wasessential for the United Nations operation.

A number of representatives expressed theirappreciation of the work of the ConciliationCommission and support for its proposals. Sev-eral suggested that the tendency of Memberstates to support particular solutions to theCongo's political problems or various factionsin the Congo was a hindrance to a settlement.Some representatives argued that recognition ofthe Gizenga Government in Stanleyville consti-tuted interference in the Congo's internal affairs,while some others held that that was the onlylegitimate Government. Several argued that theChief of State alone represented legality andthat the United Nations should co-operate withhim. Some representatives stated that UnitedNations aid could only be given to a legitimateGovernment since assistance to other authoritieswould constitute intervention.

A number of representatives emphasized theneed for the early withdrawal of Belgian andother foreign personnel in accordance with theSecurity Council resolution. Several called forurgent measures to ensure the elimination ofalleged Belgian interference in Congolese affairsas the root cause of the current crisis. They feltthat Belgium should be condemned and a defi-nite time-limit set for the withdrawal of Belgianmilitary personnel, political advisers and mer-

cenaries, and that force or sanctions should beinvoked in case of failure by Belgium to carryout its obligations. Other representatives dis-puted the thesis that Belgian intervention wasthe central factor in the crisis; they felt that theAssembly should take note of Belgian compli-ance and should not suggest sanctions since theywere beyond its jurisdiction.

The representative of Japan, supported bysome other speakers, suggested the establishmentof machinery to ensure the implementation ofthe Assembly's decision against the provision ofaid for military purposes to the factions in theCongo. The representative of Belgium statedthat his Government had accepted and hadtaken steps to implement the Security Councilresolution of 21 February. He reaffirmed thatthe withdrawal of Belgian nationals owing al-legiance to Congolese authorities could beachieved only with the respect due to Congo-lese sovereignty.

A number of representatives emphasized thatthe Parliament should soon be reconvened inorder to resolve the political crisis, arguing thatthe elimination of foreign interference and theending of the political crisis were the essentialand complementary prerequisites for the solu-tion of the problem. There was a difference ofopinion, however, on whether the Assemblyshould specifically request the Chief of State toconvene the Parliament and on whether theAssembly should suggest that the Parliamentmight consider revision of the constitutionalstructure of the country. Some representativesfelt that a suggestion on what the Parliamentmight consider would constitute an interferencein the Congo's internal affairs.

Several representatives expressed the viewthat the Tananarive Conference was a positivedevelopment and that the Congolese leaderswere entitled to decide on a confederation. Someothers thought that while the conference wasnot fully representative and its decisions wereopen to criticism, it reflected the ability ofCongolese leaders to get together to discuss andagree on their problem. Some others, however,argued that the decisions of the conference werein contradiction to United Nations resolutionsand tended to liquidate constitutionality and todismember the Congolese State along triballines. They contended that the status of Presi-dent Kasa-Vubu as Chief of State and of the


Congo's membership in the United Nationswould be affected if President Kasa-Vubu repu-diated the Loi fondamentale and implementedthe decisions of the Tananarive Conference.Some representatives claimed that only theParliament could modify the constitution andthat the Tananarive Conference could not beconsidered as the summit meeting suggested bythe Conciliation Commission. The representa-tive of the Congo (Leopoldville) stated thatthe Loi fondamentale remained in force until anew constitution was democratically approved.

Several representatives suggested the estab-lishment of a new commission with wider com-position to continue the work of the Concilia-tion Commission. Others preferred a committeeof assistance, rather than of conciliation, com-posed of representatives of African states. Stillothers felt that the appointment of a commissionmight delay the convening of Parliament andthat such a commission should be appointedonly if requested by the Parliament.

The representative of the Congo (Leopold-ville) expressed his Government's reservationsabout the Security Council resolution and heldthat the replacement of foreign personnel mustprecede their withdrawal. He emphasized thatthe United Nations must respect Congolesesovereignty, criticized the Special Representativeof the Secretary-General for insufficient co-op-eration with the Congolese authorities, claimedthat the Ileo Government was legitimate, paidtribute to the report of the Conciliation Com-mission and contended that incidents betweenunits of the United Nations Force and theCongolese National Army had arisen mainlybecause the United Nations representatives hadignored the Congolese authorities. Several otherrepresentatives suggested that, if the SpecialRepresentative or other United Nations officialswere proved to have made mistakes and lost theconfidence of the local authorities, they shouldbe changed. The representative of the Federa-tion of Malaya suggested the appointment of acommittee to advise the Special Representative.

The representatives of India and certain otherstates suggested that the Assembly should takeaction in connexion with the Security Council'sdecision for an investigation concerning thedeath of Mr. Lumumba and his colleagues, andthat a commission should be appointed for thepurpose. The representative of the Congo (Leo-

poldville) stated that no international investiga-tion could be conducted within the territory ofthe Congo without the consent of his Govern-ment, which alone could punish persons in theCongo, and that any investigation should alsoinclude the executions in Stanleyville.

The General Assembly had before it fourdraft resolutions on the situation in the Congo.

The first was sponsored by the following 21Members: Burma, Cambodia, Ceylon, Ethiopia,the Federation of Malaya, Ghana, Guinea,India, Indonesia, Iraq, Liberia, Libya, Mali,Morocco, Nepal, Saudi Arabia, Sudan, Togo,the United Arab Republic, Yemen and Yugo-slavia. By this text, the Assembly would: (1)express the conviction that the central factorin the present grave situation in the Congo wasthe continued presence of Belgian and otherforeign military and para-military personnel,political advisers and mercenaries in total dis-regard of repeated resolutions of the UnitedNations; (2) call upon the Government ofBelgium to comply fully and promptly with thewill of the Security Council and of the GeneralAssembly; (3) decide that the above-mentionedBelgian and foreign personnel should be com-pletely withdrawn and evacuated within aperiod not exceeding 21 days, "failing whichnecessary action should be taken in accordancewith the Charter of the United Nations"; and(4) call upon all states to extend their co-opera-tion to effect the implementation of the reso-lution.

The Congo (Leopoldville) proposed anamendment to replace the words quoted above(in the reference to the withdrawal) by thewords "as soon as they are replaced by person-nel recruited with the assistance of the UnitedNations, with due respect for Congolese sov-ereignty."

Another amendment, intended to change thetime-limit for withdrawal from 21 to 40 days,was also submitted—by Cameroun, Central Afri-can Republic, Congo (Brazzaville), Dahomey,Gabon, Ivory Coast, Madagascar and Niger.They withdrew their amendment, however, be-fore the voting.

The second resolution was proposed by thefollowing 17 Members: Burma, Chad, Ethiopia,the Federation of Malaya, Iran, Japan, Liberia,Libya, Nigeria, Pakistan, the Philippines, Sene-gal, Somalia, Sudan, Tunisia, Turkey and Upper


Volta. The Assembly thereby would: (1) takenote of the report of the Conciliation Commis-sion; (2) reaffirm the previous resolutions ofthe Assembly and the Security Council, "moreparticularly the Security Council resolution of21 February 1961"; (3) call upon the Congoleseauthorities concerned to desist from attemptinga military solution to their problems; (4) con-sider it essential that the Secretary-Generalshould immediately take necessary and effectivemeasures to prevent introduction of militarysupplies into the Congo; (5) urge the immedi-ate release of all members of Parliament and ofprovincial assemblies, and all other politicalleaders under detention; (6) urge the conveningof Parliament without delay, with a safe conductand security extended to its members by theUnited Nations, "so that Parliament may takethe necessary decisions concerning the forma-tion of a national government and on the futureconstitutional structure of the Republic of theCongo in accordance with the constitutionalprocesses laid down in the Loi fondamentale";(7) appoint a commission of conciliation toassist the Congolese leaders to achieve reconcili-ation and to end the political crisis; and (8)urge the Congolese authorities to co-operatefully in the implementation of the resolutionsof the Security Council and the General As-sembly.

Cameroun, Central African Republic, Congo(Brazzaville), Dahomey, Gabon, Ivory Coast,Madagascar and Niger submitted three amend-ments to this text in order: (a) to delete thespecific reference to the Security Council reso-lution of 21 February; (b) to amend the provi-sion concerning the convening of Parliament sothat the Assembly would call upon the Chiefof State to make provision for a return tonormal parliamentary life in order to permitthe establishment of a government of nationalunion; and (c) to provide for a commissionof "assistance" instead of a commission of "con-ciliation."

Guinea also submitted three amendments tothis draft resolution but withdrew them beforethe vote.

By the third draft resolution, proposed by theUSSR, the Assembly would: (1) declare thatno actions leading to a violation of the unity,political independence and territorial integrityof the Congo could be allowed; (2) deem it

necessary that the Parliament should resume itswork not later than 21 days after the adoptionof this text; and (3) request the United NationsCommand to ensure the safety of the membersof Parliament.

The fourth draft resolution was submitted byCeylon, Ghana, India and Morocco. By this,the Assembly would: (1) take note of the re-ports of the Secretary-General on the imple-mentation of the Security Council resolution of21 February concerning the investigation of thecircumstances of the death of Mr. Lumumbaand his colleagues; (2) establish a Commissionof Investigation consisting of the four personsnominated by the Governments of Burma,Ethiopia, Mexico and Togo; and (3) requestthe Commission of Investigation to proceed asearly as possible to carry out the task entrustedto it.

On 15 April 1961, the Assembly voted on thefour draft resolutions and amendments before it.

The amendment of the Congo (Leopoldville)to the 21-power draft resolution was voted on intwo parts and both parts were rejected forlack of the required two-thirds majority. In thedraft resolution itself, the phrases "within aperiod not exceeding 21 days" and "failingwhich necessary action should be taken in ac-cordance with the Charter of the United Na-tions," concerning the withdrawal of Belgianand foreign personnel, were voted on in twoparts and rejected for lack of a two-thirdsmajority. The remainder of the 21-power textwas adopted by a roll-call vote of 61 to 5, with33 abstentions, as resolution 1599 (XV).

The three amendments to the 17-power draftresolution were rejected by varying votes. Inthe voting on the draft resolution itself, thereference to the report of the Conciliation Com-mission was approved by 69 votes to 11 with 19abstentions; the reference to the Secretary-General was approved by 83 votes to 11, with5 abstentions; the reference to the decisionswhich the Parliament might take was approved50 votes to 24, with 25 abstentions; the provi-sion concerning the convening of the Parlia-ment was approved by 57 votes to 15, with 26abstentions; and the provision concerning theappointment of a new commission of concilia-tion was approved by 67 votes to 21, with 11abstentions. The 17-power text, as a whole, wasthen adopted by a roll-call vote of 60 to 26,


with 23 abstentions, as resolution 1600 (XV).The USSR draft resolution was rejected by a

roll-call vote of 53 to 29, with 17 abstentions.Finally, the four-power draft resolution con-

cerning the Commission of Investigation, was

adopted as resolution 1601 (XV) by a roll-callvote of 45 votes to 3, with 49 abstentions, fol-lowing separate votes on the preambular para-graphs.

DOCUMENTARY REFERENCES

CONSIDERATION BY SECURITYCOUNCIL, JULY-SEPTEMBER 1960

SECURITY COUNCIL, meetings 873, 877-879, 884-889,896-906.

S/4381. Letter of 13 July 1960 from Secretary-General.

S/4382. Cable of 12 July 1960 from President ofRepublic of Congo* and Supreme Commander ofNational Army and Prime Minister and Ministerof National Defence.

S/4383. Tunisia: draft resolution.S/4386. USSR: amendments to Tunisia draft reso-

lution, S/4383.S/4387. Resolution, as submitted by Tunisia, S/4383,

adopted by Council on 13 July 1960, meeting 873,by 8 votes to O, with 3 abstentions.

"The Security Council,"Considering the report of the Secretary-General

on a request for United Nations action in relation tothe Republic of the Congo,

"Considering the request for military assistanceaddressed to the Secretary-General by the Presidentand the Prime Minister of the Republic of the Congo(document S/4382),

"1. Calls upon the Government of Belgium towithdraw their troops from the territory of the Re-public of the Congo;

"2. Decides to authorize the Secretary-General totake the necessary steps, in consultation with theGovernment of the Republic of the Congo, to providethe Government with such military assistance, as maybe necesary, until, through the efforts of the CongoleseGovernment with the technical assistance of theUnited Nations, the national security forces may beable, in the opinion of the Government, to meet fullytheir tasks;

"3. Requests the Secretary-General to report tothe Security Council as appropriate."

S/4389 and Add.1-6. First report by Secretary-Gen-eral in implementation of Security Council resolu-tion S/4387 of 14 July 1960.

S/4398. Letter of 19 July 1960 from Permanent Re-presentative of USSR.

S/4400. Letter of 20 July 1960 from PermanentRepresentative of United States.

S/4401. Letter of 20 July 1960 from Minister forForeign Affairs of Belgium.

S/4403. Letter of 20 July 1960 from Minister-Dele-gate of Congo.

S/4410. Letter of 15 July 1960 from PermanentRepresentative of Guinea.

S/4402. USSR: draft resolution.S/4404. Ceylon and Tunisia: draft resolution.S/4405. Resolution, as submitted by Ceylon and

Tunisia, S/4404, and as amended by sponsors,adopted unanimously by Council on 22 July 1960,meeting 879.

"The Security Council,"Having considered the first report by the Secretary-

General on the implementation of Security Councilresolution S/4387 of 14 July 1960 (document S/4389),

"Appreciating the work of the Secretary-Generaland the support so readily and so speedily given tohim by all Member States invited by him to giveassistance,

"Noting that as stated by the Secretary-General thearrival of the troops of the United Nations Force inLeopoldville has already had a salutary effect,

"Recognizing that an urgent need still exists tocontinue and to increase such efforts,

"Considering that the complete restoration of lawand order in the Republic of the Congo would effec-tively contribute to the maintenance of internationalpeace and security,

"Recognizing that the Security Council recom-mended the admission of the Republic of the Congoto membership in the United Nations as a unit,

"1. Calls upon the Government of Belgium toimplement speedily the Security Council resolution of14 July 1960, on the withdrawal of their troops andauthorizes the Secretary-General to take all necessaryaction to this effect;

"2. Requests all States to refrain from any actionwhich might tend to impede the restoration of law andorder and the exercise by the Government of Congoof its authority and also to refrain from any actionwhich might undermine the territorial integrity andthe political independence of the Republic of theCongo;

"3. Commends the Secretary-General for theprompt action he has taken to carry out resolutionS/4387 of the Security Council and his first report;

"4. Invites the specialized agencies of the UnitedNations to render to the Secretary-General such as-sistance as he may require;

"5. Requests the Secretary-General to reportfurther to the Security Council as appropriate."

S/4414. Letter of 31 July 1960 from Prime Ministerof Congo.

* Unless otherwise indicated, the references to theRepublic of the Congo apply to the Republic of theCongo with its capital in Leopoldville.


S/4415. Letter of 1 August 1960 from PermanentRepresentative of Ghana.

S/4416. Letter of 2 August 1960 from Representativeof USSR.

S/4417 and Corr.1, Add. 1/Rev.1, Add.2-7, Add.7/Rev.1, Add.8 and Corr.1,2, Add.9,10. Second re-port by Secretary-General on implementation ofSecurity Council resolutions S/4387 of 14 July andS/4405 of 22 July 1960.

S/4418. Letter of 6 August 1960 from Acting Per-manent Representative of USSR transmitting state-ment from Government of USSR regarding situa-tion in Congo.

S/4419. Letter of 6 August 1960 from PermanentRepresentative of Belgium.

S/4420. Note verbale of 6 August 1960 from Per-manent Representative of Ghana.

S/4421. Cable of 7 August 1960 from Prime Ministerof Congo.

S/4423. Letter of 8 August 1960 from Deputy PrimeMinister of Congo.

S/4424. Ceylon and Tunisia: draft resolution.S/4425. USSR: draft resolution.S/4426. Resolution, as submitted by Ceylon and

Tunisia, S/4424, adopted by Council on 9 August1960, meeting 886, by 9 votes to O, with 2 ab-stentions.

"The Security Council,"Recalling its resolution of 22 July 1960 (S/4405),

inter alia, calling upon the Government of Belgium toimplement speedily the Security Council resolution of14 July (S/4387) on the withdrawal of their troopsand authorizing the Secretary-General to take allnecessary action to this effect,

"Having noted the second report by the Secretary-General on the implementation of the aforesaid tworesolutions and his statement before the Council,

"Having considered the statements made by therepresentatives of Belgium and the Republic of theCongo to this Council at this meeting,

"Noting with satisfaction the progress made by theUnited Nations in carrying out the Security Councilresolutions in respect of the territory of the Republicof the Congo other than the Province of Katanga,

"Noting however that the United Nations had beenprevented from implementing the aforesaid resolutionsin the Province of Katanga although it was ready,and in fact attempted, to do so,

"Recognizing that the withdrawal of Belgian troopsfrom the Province of Katanga will be a positive con-tribution to and essential for the proper implementa-tion of the Security Council resolutions,

"1. Confirms the authority given to the Secretary-General by the Security Council resolutions of 14 Julyand 22 July 1960 and requests him to continue tocarry out the responsibility placed on him thereby;

"2. Calls upon the Government of Belgium towithdraw immediately its troops from the Province ofKatanga under speedy modalities determined by theSecretary-General and to assist in every possible waythe implementation of the Council's resolutions;

"3. Declares that the entry of the United Nations

Force into the Province of Katanga is necessary forthe full implementation of this resolution;

"4. Reaffirms that the United Nations Force inthe Congo will not be a party to or in any way inter-vene in or be used to influence the outcome of anyinternal conflict, constitutional or otherwise;

"5. Calls upon all Member States, in accordancewith Articles 25 and 49 of the Charter, to accept andcarry out the decisions of the Security Council and toafford mutual assistance in carrying out measuresdecided upon by the Security Council;

"6. Requests the Secretary-General to implementthis resolution and to report further to the SecurityCouncil as appropriate."

S/4427. Letter of 11 August 1960 from PermanentRepresentative of Ghana.

S/4445. Exchange of messages between Secretary-General and President of Ghana.

S/4446. Letter of 20 August 1960 from First DeputyMinister for Foreign Affairs of USSR.

S/4447. Aide-memoire of 24 and 25 July 1960 forPrime Minister of Congo on assistance to Congo.

S/4448. Cable of 20 August 1960 from Patrice Lu-mumba, Prime Minister of Congo.

S/4449. Letter from Colonel Mobutu, Chief of Staffof Congolese National Army, to Dr. Ralph Bunche,Special Representative of Secretary-General.

S/4450. Letter of 20 August 1960 from First DeputyMinister for Foreign Affairs of USSR.

S/4451/Corr.1. Observations by Special Representa-tive of Secretary-General in Congo on memorandumby Major-General H. T. Alexander (S/4445, An-nex II).

S/4452. Cable of 20 August 1960 from President ofGuinea.

S/4453. USSR: draft resolution.S/4475 and Add.1-3. Third report by Secretary-

General on implementation of Security Councilresolutions S/4387 of 14 July, S/4405 of 22 Julyand S/4426 of 9 August 1960.

S/4482 and Add.1-4. Fourth report by Secretary-General on implementation of Security Councilresolutions S/4387 of 14 July, S/4405 of 22 Julyand S/4426 of 9 August 1960.

S/4485. Letter of 8 September 1960 from PermanentRepresentative of Yugoslavia.

S/4486. Cable of 8 September 1960 from PrimeMinister of Congo.

S/4488, S/4489. Letters of 7 and 9 September 1960from Secretary-General.

S/4490. Report by Secretary-General on credentialsof Representative of Yugoslavia.

S/4492, S/4493. Letters of 9 September 1960 fromPermanent Representative of Indonesia.

S/4494. USSR: draft resolution.S/4495. Letter of 9 September 1960 from Representa-

tive, a.i., of Belgium.S/4496. Letter of 10 September 1960 from Secretary-

General.S/4497. Letter of 9 September 1960 from First Deputy

Foreign Minister of USSR.


S/4498. Communication of 10 September 1960 fromPrime Minister of Congo.

S/4499. Letter of 10 September 1960 from Repre-sentative of Ghana.

S/4500 and Add.1. Cable of 10 September and mes-sage of 11 September 1960 from President of Congo.

S/4502. Cable of 10 September 1960 from Presidentof Congo.

S/4503. Note verbale of 5 September 1960 fromSecretary-General to USSR delegation and Noteverbale of 10 September 1960 from USSR delega-tion to Secretary-General.

S/4504 and Add.1. Letter of 11 September 1960 fromSecretary-General to President of Security Councilenclosing communications from Prime Minister andPresident of Congo, and cable of 11 September1960 from President of Congo.

S/4505 and Add.1,2. Messages and memorandum of11 September 1960 from Special Representative ofSecretary-General in Congo.

S/4506. Letter of 12 September 1960 from Repre-sentative of USSR.

S/4507. Cable of 13 September 1960 from PrimeMinister of Congo.

S/4508. Report by Secretary-General on credentialsof Representative of Indonesia.

S/4509. Letter of 13 September 1960 from PermanentRepresentative of Guinea.

S/4511. Letter of 13 September 1960 from Repre-sentative of Yugoslavia.

S/4512. Letter of 14 September 1960 from Secretaryof State, Office of President, Special Representativeof Congo to Security Council.

S/4513. Letter of 13 September 1960 from PermanentRepresentative of Morocco.

S/4514, S/4515. Letters of 14 September 1960 fromMinister-Delegate of Congo.

S/4516. United States: draft resolution.S/4517. Letter of 14 September 1960 from Special

Delegate of Congo.S/4518. Letter of 14 September 1960 from Permanent

Representative of United Arab Republic.S/4519. USSR: draft resolution.S/4520. Telegram of 15 September 1960 from Presi-

dent of Congo.S/4521. Letter of 15 September 1960 from Permanent

Representative of Ethiopia.S/4522. Letter of 16 September from Representative

of Liberia.S/4523. Ceylon and Tunisia: draft resolution.S/4524. USSR: amendments to draft resolution of

Ceylon and Tunisia, S/4523.S/4525. United States: draft resolution.S/4526. Resolution, as submitted by United States,

S/4525, adopted by Council on 17 September1960, meeting 906.

"The Security Council,"Having considered the item on its agenda as con-

tained in document S/Agenda 906,"Taking into account that the lack of unanimity of

its permanent members at the 906th meeting of the

Security Council has prevented it from exercising itsprimary responsibility for the maintenance of inter-national peace and security,

"Decides to call an emergency special session of theGeneral Assembly as provided in General Assemblyresolution 377 A (V) of 3 November 1950, in orderto make appropriate recommendations."

S/4529. Message of 18 September 1960 from Secre-tary-General to Mr. Tshombe, president of pro-vincial government of Katanga.

S/4531. First Progress Report to Secretary-Generalfrom his Special Representative in Congo, dated21 September 1960.

CONSIDERATION AT FOURTH EMERGENCYSPECIAL SESSION OF GENERALASSEMBLY, 17-20 SEPTEMBER 1960

GENERAL ASSEMBLY——FOURTH EMERGENCY SPECIAL

SESSION.

Plenary Meetings 858-863.

A/4496. Summoning of Fourth Emergency SpecialSession of Assembly by Secretary-General.

A/4497. Provisional agenda.A/L.292. Ceylon, Ghana, Guinea, Indonesia, Iraq,

Jordan, Lebanon, Liberia, Libya, Morocco, Nepal,Saudi Arabia, Sudan, Tunisia, United Arab Repub-lic, Yemen: draft resolution.

A/L.292/Rev.1. Revised draft resolution sponsoredby 16 powers listed above and Ethiopia.

A/L.293. USSR: draft resolution.A/L.294. USSR: amendments to 17-power revised

draft resolution, A/L.292/Rev.1.RESOLUTION 1474(ES-iv), as submitted by 17 powers,

A/L.292/Rev.1, adopted by Assembly on 20 Sep-tember 1960, meeting 863, by roll-call vote of 70to O, with 11 abstentions, as follows:In favour: Afghanistan, Argentina, Australia, Aus-tria, Belgium, Brazil, Burma, Cambodia, Canada,Ceylon, Chile, China, Colombia, Costa Rica, Cuba,Denmark, Dominican Republic, Ecuador, El Sal-vador, Ethiopia, Federation of Malaya, Finland,Ghana, Greece, Guatemala, Guinea, Haiti, Hon-duras, Iceland, India, Indonesia, Iran, Iraq, Ire-land, Israel, Italy, Japan, Jordan, Laos, Lebanon,Liberia, Libya, Luxembourg, Mexico, Morocco,Nepal, Netherlands, New Zealand, Nicaragua, Nor-way, Pakistan, Panama, Paraguay, Peru, Philip-pines, Portugal, Saudi Arabia, Spain, Sudan,Sweden, Thailand, Tunisia, Turkey, United ArabRepublic, United Kingdom, United States, Uru-guay, Venezuela, Yemen, Yugoslavia.Against: None.Abstaining: Albania, Bulgaria, Byelorussian SSR,Czechoslovakia, France, Hungary, Poland, Ro-mania, Ukrainian SSR, Union of South Africa,USSR.

"The General Assembly,"Having considered the situation in the Republic

of the Congo,


"Taking note of the resolutions of 14 July, 22 Julyand 9 August 1960 of the Security Council,

"Taking into account the unsatisfactory economicand political conditions that continue in the Republicof the Congo,

"Considering that, with a view to preserving theunity, territorial integrity and political independenceof the Congo, to protecting and advancing the welfareof its people, and to safeguarding international peace,it is essential for the United Nations to continue toassist the Central Government of the Congo,

"1. Fully supports the resolutions of 14 and 22July and 9 August 1960 of the Security Council;

"2. Requests the Secretary-General to continue totake vigorous action in accordance with the terms ofthe aforesaid resolutions and to assist the CentralGovernment of the Congo in the restoration andmaintenance of law and order throughout the terri-tory of the Republic of the Congo and to safeguardits unity, territorial integrity and political independence in the interests of international peace andsecurity;

"3. Appeals to all Congolese within the Republicof the Congo to seek a speedy solution by peacefulmeans of all their internal conflicts for the unity andintegrity of the Congo, with the assistance, as appro-priate, of Asian and African representatives appointedby the Advisory Committee on the Congo, in con-sultation with the Secretary-General, for the purposeof conciliation;

"4. Appeals to all Member Governments forurgent voluntary contributions to a United NationsFund for the Congo to be used under United Nationscontrol and in consultation with the Central Govern-ment for the purpose of rendering the fullest possibleassistance to achieve the objective mentioned in thepreamble;

"5. Requests:"(a) All States to refrain from any action which

might tend to impede the restoration of law and orderand the exercise by the Government of the Republicof the Congo of its authority and also to refrain fromany action which might undermine the unity, terri-torial integrity and the political independence of theRepublic of the Congo;

"(b) All Member States in accordance with Ar-ticles 25 and 49 of the Charter of the United Nations,to accept and carry out the decisions of the SecurityCouncil and to afford mutual assistance in carryingout measures decided upon by the Security Council;

"6. Without prejudice to the sovereign rights ofthe Republic of the Congo, calls upon all States torefrain from the direct and indirect provision of armsor other materials of war and military personnel andother assistance for military purposes in the Congoduring the temporary period of military assistancethrough the United Nations, except upon the requestof the United Nations through the Secretary-Generalfor carrying out the purposes of this resolution and ofthe resolutions of 14 and 22 July and 9 August 1960of the Security Council."

CONSIDERATION AT GENERALASSEMBLY'S FIFTEENTH SESSION,SEPTEMBER-NOVEMBER 1960

GENERAL ASSEMBLY——15TH SESSION

Plenary Meetings 911-913, 917-920.

A/4495. Letter of 16 September 1960 from DeputyMinister for Foreign Affairs of USSR requestinginclusion of following item in agenda: "Threat tothe political independence and territorial integrityof the Republic of the Congo."

A/4518 and Corr.1. Letter of 28 September 1960from Minister for Foreign Affairs of USSR, withattached memorandum from delegation of Congo-lese Parliament to Mr. Dayal, United NationsSpecial Representative in Congo.

A/4547. Letter of 21 October 1960 from PermanentRepresentative of USSR.

[S/4554. Letter of 27 October 1960 from Presidentof Security Council to Secretary-General, and Sec-retary-General's reply of 28 October.]

A/4555. Letter of 28 October 1960 from DeputyMinister for Foreign Affairs of USSR.

A/4557 and Add.1 (S/4557 and Corr.1). Secondprogress report of Special Representative of Sec-retary-General in Congo,* with exchange of mes-sages between Secretary-General and PermanentRepresentative of Belgium, and between Secretary-General and Mr. Tshombe, president of provincialgovernment of Katanga.

A/4560. Exchange of messages between President ofCongo and President of General Assembly.

A/4561. Note verbale of 7 November 1960 from Per-manent Representative of Ghana.

A/4569. Letter of 9 November 1960 from Presidentof Congo.

A/4571 and Corr.1. Letter of 11 November 1960from P. E. Lumumba, Prime Minister of Congo.

A/4577. Letter of 16 November 1960 from Presidentof Congo.

A/4583. Letter of 21 November 1960 from PermanentRepresentative of Guinea.

A/4586. Statement by delegation of USSR at 15thsession of Assembly regarding attitude of Commandof United Nations Force to Mobutu forces in Congo.

A/4587 and Add.1. Report to Secretary-General fromhis acting Special Representative in Congo, Gen-eral Rikhye.

A/4592. Report of 24 November 1960 by AdvisoryCommittee on Congo.

A/4598. Cable of 27 November 1960 from Presidentof Ghana.

CREDENTIALS OF REPRESENTATIVES OFREPUBLIC OF CONGO TO GENERAL ASSEMBLY

GENERAL ASSEMBLY—15TH SESSIONCredentials Committee, meetings 36-38.Plenary Meetings 911, 912, 917-924.

* First progress report was submitted to SecurityCouncil on 21 September 1960 as document S/4531.


A/4560. Exchange of messages between President ofCongo and President of General Assembly.

A/4578. First report of Credentials Committee, con-taining draft resolution submitted by United States(A/CR/L.4) and adopted by Committee on 10November 1960, meeting 38, by 6 votes to 1[Morocco and United Arab Republic did not par-ticipate in vote].

A/4598. Cable of 27 November 1960 from Presidentof Ghana.

A/L.319. Guinea: draft resolution.A/L.319/Rev.1 and Add. 1,2. Ceylon, Ghana, Guinea,

India, Morocco, United Arab Republic: draft reso-lution.

A/L.319/Rev.2. Ceylon, Ghana, Guinea, India, Indo-nesia, Mali, Morocco, United Arab Republic: draftresolution.

A/L.322 and Rev.1. Guinea: amendment to draftresolution recommended by Credentials Committee,and revision.

RESOLUTION 1498 (xv), as submitted by CredentialsCommittee, A/4578, adopted by Assembly on 22November 1960, meeting 924, by roll-call vote of53 to 24, with 19 abstentions, as follows:In favour: Argentina, Australia, Austria, Belgium,Bolivia, Brazil, Cameroun, Chad, Chile, China,Colombia, Congo (Brazzaville), Costa Rica, Cyprus,Dahomey, Denmark, Dominican Republic, Ecuador,El Salvador, France, Gabon, Greece, Guatemala,Haiti, Honduras, Iceland, Italy, Ivory Coast, Japan,Jordan, Laos, Luxembourg, Madagascar, Mexico,Nepal, Netherlands, New Zealand, Nicaragua,Niger, Norway, Panama, Paraguay, Peru, Philip-pines, Portugal, Senegal, Spain, Thailand, Turkey,Union of South Africa, United Kingdom, UnitedStates, Uruguay.Against: Afghanistan, Albania, Bulgaria, Byelorus-sian SSR, Ceylon, Cuba, Czechoslovakia, Ghana,Guinea, Hungary, India, Indonesia, Iraq, Mali,Morocco, Poland, Romania, Saudi Arabia, Togo,Ukrainian SSR, USSR, United Arab Republic,Yemen, Yugoslavia.Abstaining: Burma, Cambodia, Canada, CentralAfrican Republic, Ethiopia, Federation of Malaya,Finland, Iran, Ireland, Israel, Lebanon, Liberia,Libya, Pakistan, Somalia, Sudan, Sweden, Tunisia,Venezuela.

"The General Assembly,"Accepts the credentials of the representatives of

the Republic of the Congo (Leopoldville) issued bythe Head of State and communicated by him to thePresident of the General Assembly in a letter dated8 November 1960."

ESTABLISHMENT OFCONCILIATION COMMISSIONA/4592. Report of 24 November 1960 by Advisory

Committee on Congo.

CONSIDERATION BY SECURITYCOUNCIL, 7-13 DECEMBER 1960SECURITY COUNCIL, meetings 912-920.

S/4529. Message of 18 September 1960 from Secre-tary-General to Mr. Tshombe, president of provin-cial government of Katanga.

S/4531 and Corr.1,2. First progress report to Secre-tary-General from his Special Representative inCongo, Ambassador Rajeshwar Dayal.

S/4554. Letter of 27 October 1960 from President ofSecurity Council to Secretary-General and replyof 28 October 1960 from Secretary-General.

S/4557 and Corr.1 (A/4557 and Add.1). Secondprogress report of Special Representative of Secre-tary-General in Congo, also containing exchangeof messages between Secretary-General and Per-manent Representative of Belgium and betweenSecretary-General and Mr. Tshombe, president ofprovincial government of Katanga.

S/4571 and Add.1, Add.1/Corr.1 (A/4614 andAdd.1). Report to Secretary-General from his Spe-cial Representative in Congo regarding certainactions taken against Patrice Lumumba.

S/4573. Statement of 6 December 1960 from Govern-ment of USSR concerning situation in Congo.

S/4574. Letter of 6 December 1960 from Chairmanof delegation of Mali.

S/4575. Letter of 6 December 1960 from PermanentRepresentative of Guinea.

S/4576. Letter of 7 December 1960 from Representa-tive of Congo.

S/4577. Letter of 7 December 1960 from PermanentRepresentative of Indonesia.

S/4578 and Rev.1. Argentina, Italy, United Kingdom,United States: draft resolution and revision: notadopted by Council on 13 December 1960, meeting920, because of negative vote of permanent mem-ber. Vote was 7 to 3, with 1 abstention.

S/4579. USSR: draft resolution, rejected by Councilon 13 December 1960, meeting 920, by 2 votes infavour, 8 against, with 1 abstention.

S/4580. Cable of 7 December 1960 from Presidentof Congo.

S/4581. Cable of 7 December 1960 from Presidentof Congo.

S/4582. Letter of 7 December 1960 from Representa-tive of Cameroun.

S/4583. Cable of 7 December 1960 from Secretary ofState for Foreign Affairs of Yugoslavia.

S/4585 (A/4629). Note verbale of 7 December 1960from Permanent Mission of Belgium.

S/4586. Cable of 7 December 1960 from Minister forForeign Affairs of Belgium.

S/4587. Letter of 7 December 1960 from Representa-tive of India.

S/4588. Letter of 8 December 1960 from Representa-tive of United Arab Republic.

S/4589. Report by Secretary-General on credentialsof Representative and Alternate Representative ofIndia.

S/4590. Note by Secretary-General transmitting re-port from Special Representative in Congo regard-ing current situation in Stanleyville.

S/4591. Letter of 8 December 1960 from Chairmanof delegation of Morocco.


S/4592. Letter of 9 December 1960 from Representa-tive of USSR.

S/4593. Telegram of 9 December 1960 from Presidentof Council of Ministers of Bulgaria.

S/4594. Cable of 12 December 1960 from Presidentof Guinea.

S/4595. Telegram of 12 December 1960 from Presi-dent of Council of Ministers of Albania.

S/4597. USSR: amendments to 4-power draft reso-lution, S/4578.

S/4598. Poland: draft resolution, rejected by Councilon 13 December 1960, meeting 920, by 3 votes infavour, 6 against, with 2 abstentions.

S/4599 (A/4652). Letters of 14 December 1960 fromSpecial Representative of Secretary-General andfrom Secretary-General to President of Congo.

OTHER DOCUMENTSS/4601 (A/4682). Report of 21 December 1960 from

Special Representative of Secretary-General inCongo concerning incidents at Bukavu on 15 and16 December 1960 relating to arrival of Austrianmilitary hospital.

S/4606 and Add.1. Note by Secretary-General trans-mitting certain documents with reference to in-cidents, which took place in Bukavu area, 30 De-cember 1960-1 January 1961.

CONSIDERATION BY GENERALASSEMBLY, 16-20 DECEMBER 1960


Plenary Meetings 949-953, 955-959.

A/4612. Letter of 2 December 1960 from PermanentRepresentative of USSR.

A/4613. Note verbale of 3 December 1960 frompermanent delegation of Mali.

A/4614 and Add.1 (S/4571 and S/4571/Add.1 andCorr.1). Report to Secretary-General from hisSpecial Representative in Congo regarding certainactions taken against Patrice Lumumba.

A/4617. Cables of 3 and 5 December 1960 fromPresident of Guinea.

A/4618. Letter of 6 December 1960 from Chairmanof delegation of USSR.

A/4628. Letter of 7 December 1960 from PermanentRepresentative of Yugoslavia.

A/4629 (S/4585). Note verbale of 7 December 1960from Permanent Mission of Belgium.

A/4652 (S/4599). Letters of 14 December 1960 fromSpecial Representative of Secretary-General inCongo and from Secretary-General to President ofCongo.

A/4661. Note verbale of 16 December 1960 fromPermanent Representative of Ghana.

A/4669. Letter of 7 December 1960 from Presidentof Ghana.

A/4670. Letter of 18 December 1960 from FirstDeputy Minister for Foreign Affairs of Hungaryand Chairman of Hungarian delegation.

A/L.331 and Add.1, 331/Rev.1. Ceylon, Ghana,

India, Indonesia, Iraq, Morocco, United ArabRepublic, Yugoslavia: draft resolution.

A/L.332. United Kingdom and United States: draftresolution.

RESOLUTION 1592(xv), as proposed orally by Austria,adopted without objection by Assembly on 20December 1960, meeting 958.

"The General Assembly,"Having considered the item entitled 'The situation

in the Republic of the Congo,'"Noting that the previous resolutions of the Security

Council and the General Assembly on this subject arestill in effect,

"Decides to keep this item on the agenda of itsresumed fifteenth session."

A/4682 (S/4601). Report of 21 December 1960 fromSpecial Representative of Secretary-General inCongo concerning incidents at Bukavu on 15 and16 December 1960.

CONSIDERATION BY SECURITYCOUNCIL, JANUARY-FEBRUARY 1961

SECURITY COUNCIL, meetings 924-942.

S/4614, S/4616. Letters of 4 and 7 January 1961from Permanent Representative of USSR.

S/4619. Report of Secretary-General on credentialsof Representative of Belgium.

S/4621. Note verbale of 11 January 1961 from Per-manent Representative of Belgium.

S/4622. Letter of 11 January 1961 from PermanentRepresentative of USSR.

S/4623. Report of Secretary-General on credentialsof Representative of Congo.

S/4625. Ceylon, Liberia, United Arab Republic: draftresolution, not adopted by Council on 14 January1961, meeting 927, by vote of 4 to 0, with 7 ab-stentions.

S/4626 and Corr.1. Letter of 12 January 1961 fromPresident of Ghana transmitting communique con-cerning situation in Congo adopted by Conferenceof Independent African States held at Casablanca,3-7 January 1961.

S/4627. Note verbale of 13 January 1961 from Per-manent Representative of Belgium.

S/4629 and Add.1. Letter of 14 January 1961 fromPresident of Republic of Congo to Secretary-Gen-eral and reply of 15 January 1961.

S/4630. Letter of 7 January 1961 to Special Repre-sentative of Secretary-General from President ofCongo, countersigned by Commissioner for ForeignAffairs, and reply of 14 January 1961.

S/4633. Cable of 19 January 1961 from Presidentof Mali.

S/4634. Letter of 20 January 1961 from Representa-tive of USSR.

S/4636. Letter of 22 January 1961 from PermanentRepresentative of Yugoslavia.

S/4637. Note by Secretary-General transmitting com-


munications from Secretary-General to President ofCongo, to Mr. Tshombe and to Mr. Gizenga, andfrom Special Representative of Secretary-Generalin Congo to Messrs. Gizenga, Manzikala, Lundulaand Kashamura.

S/4637/Add.1. Message from Mr. Tshombe receivedby Secretary-General on 1 February 1961.

S/4639. Cable of 24 January 1961 from President ofCongo and President of College of Commissioners-General and Commissioner-General for ForeignAffairs.

S/4640. Report by Secretary-General on intendedwithdrawals of certain contingents from UnitedNations Force in Congo.

S/4641. Letter of 26 January 1961 from PermanentRepresentatives of Ceylon, Ghana, Guinea, Mali,Morocco, United Arab Republic and Yugoslavia.

S/4643. Exchange of communications between Secre-tary-General and President of Congo.

S/4644. Letter of 29 January 1961 from PermanentRepresentative of USSR.

S/4646. Cable of 27 January 1961 from PermanentRepresentative of Mali.

S/4648. Telegram of 30 January 1961 from Ministerof External Affairs of India.

S/4649. Communications to Secretary-General fromPermanent Representative of Belgium: note verbaleof 30 January 1961.

S/4650. Note of 29 January 1961 from PermanentRepresentative of Libya.

S/4651. Letter of 21 January 1961 from Secretary-General to Permanent Representative of Belgium.

S/4652. Letter of 30 January 1961 from PermanentRepresentative of India.

S/4653. Letter of 30 January 1961 from PermanentRepresentative of Czechoslovakia.

S/4654. Letter of 31 January 1961 from PermanentRepresentative of Yugoslavia.

S/4655. Cable of 31 January 1961 from Minister forForeign Affairs of Indonesia.

S/4656. Letter of 31 January 1961 from PermanentRepresentative of Belgium.

S/4657. Cable of 31 January 1961 from Minister ofForeign Affairs of Belgium.

S/4658. Letter of 31 January 1961 from PermanentRepresentative of Indonesia.

S/4659. Letter of 1 February 1961 from ActingCharge d'Affaires of Permanent Mission of Guinea.

S/4660. Cable of 1 February 1961 from President ofGhana.

S/4661. Report by Secretary-General on credentialsof representative of Congo.

S/4662. Report by Secretary-General on credentialsof representative of Guinea.

S/4663. Letter of 1 February 1961 from Charged'Affaires a.i. of Permanent Mission of Ghana.

S/4664. Letter of 1 February 1961 from PermanentRepresentative of Morocco.

S/4665. Letter of 1 February 1961 from PermanentRepresentative of Poland.

S/4666. Letter of 1 February 1961 from PermanentRepresentative of Libya.

S/4667. Cable of 1 February 1961 from President ofRepublic of Congo and countersigned by Chairmanof College of Commisioners-General and Commis-sioner-General for Foreign Affairs.

S/4668 and Add.1. Cable of 25 January 1961 fromSecretary-General to His Majesty the King ofMorocco, letter of 1 February 1961 from Perma-nent Representative of Morocco, communicationsof 25 January 1961 from Secretary-General to HisMajesty the King of Morocco and to PermanentRepresentative of Morocco, and letter of 1 Febru-ary 1961 from Permanent Representative ofMorocco.

S/4669. Report of Secretary-General on credentialsof representative of Poland.

S/4671. Cable of 6 February 1961 from Presidentof Congo (Brazzaville).

S/4672. Letter of 7 February 1961 from PermanentRepresentative of Nigeria.

S/4673. Telegram of 6 February 1961 from Perma-nent Representative of Malagasy Republic.

S/4674, S/4675. Letters of 6 and 7 February 1961from Permanent Representative of Sudan.

S/4676. Report by Secretary-General on credentialsof Representative of Nigeria.

S/4677. Note verbale of 7 February 1961 from Per-manent Representative of Senegal.

S/4678. Report by Secretary-General on credentialsof Representative of Sudan.

S/4679. Cable of 9 February 1961 from President ofMalagasy Republic (Madagascar).

S/4680. Cable of 9 February 1961 from PermanentRepresentative of Malagasy Republic (Madagas-car).

S/4681. Telegram of 9 February 1961 from Perma-nent Representative of Gabon.

S/4682. Letter of 10 February 1961 from Representa-tives of Ceylon, Ghana, Guinea, India, Indonesia,Libya, Mali, Morocco, United Arab Republic andYugoslavia.

S/4683. Letter of 10 February 1961 from PermanentRepresentative of USSR.

S/4684. Telegram of 10 February 1961 from Presidentof Guinea.

S/4685. Telegram of 11 February 1961 from Ministerof Foreign Affairs of Cameroun.


S/4687. Telegram of 11 February 1961 from Perma-nent Representative of Central African Republic.

S/4688 and Add.1,2. Report to Secretary-Generalfrom his Special Representative in Congo concern-ing Mr. Patrice Lumumba.

S/4689. Telegram of 12 February 1961 from Perma-nent Representative of Congo (Brazzaville).

S/4690. Telegram of 11 February 1961 from Presidentof Dahomey.

S/4691 and Add.1,2. Report on recent developmentsin Northern Katanga from Special Representativeof Secretary-General.

S/4692. Letter of 13 February 1961 from PermanentRepresentative of Senegal.


S/4693. Letter of 13 February 1961 from PermanentRepresentative of Gabon.

S/4694. Gable of 13 February 1961 from Presidentof Senegal.

S/4695. Cable of 13 February 1961 from Chief ofState and President of Council of Chad.

S/4697. Cable of 13 February 1961 from Presidentof Upper Volta.

S/4698. Cable of 13 February 1961 from His Majestythe King of Morocco.

S/4699. Telegram of 13 February 1961 from Per-manent Representative of Cameroun.

S/4700. Cable of 13 February 1961 from Ministerfor External Affairs of Cuba.

S/4701. Letter of 13 February 1961 from PermanentRepresentative of Yugoslavia.

S/4702. Cable of 14 February 1961 from Secretaryof State for Presidency and National Defence ofTunisian Government.

S/4703. Cable of 14 February 1961 from Presidentof Guinea.


S/4705. Cable of 14 February 1961 from Presidentof Mali.

S/4706. USSR: draft resolution, rejected by Councilon 20 February 1961, meeting 942, by 1 vote to 8,with 2 abstentions.

S/4707. Letter of 14 February 1961 from PermanentRepresentative of Czechoslovakia.

S/4709. Letter of 15 February 1961 from PermanentRepresentative of Upper Volta.

S/4710. Letter of 15 February 1961 from PermanentRepresentative of Central African Republic.

S/4711. Letter of 15 February 1961 from PermanentRepresentative of Iraq.

S/4712. Letter of 15 February 1961 from PermanentRepresentative of Czechoslovakia.

S/4713. Letter of 14 February 1961 from PermanentRepresentative of Brazil.

S/4714. Text of statement by W. V. S. Tubman,President of Liberia, issued 14 February 1961.

S/4715. Cable of 14 February 1961 from Presidentof Guinea.

S/4716. Cable of 15 February 1961 from Presidentof Somalia.

S/4717. Letter of 16 February 1961 from PermanentRepresentative of Brazil.

S/4718. Letter of 16 February 1961 from PermanentRepresentative of Poland.

S/4719. Cable of 15 February 1961 from Presidentof Council of Ministers of Romania.

S/4720. Letter of 17 February 1961 from PermanentRepresentative of Bulgaria.

S/4721. Cable of 16 February 1961 from Presidentof Haiti.

S/4722. Ceylon, Liberia, United Arab Republic: draftresolution.

S/4724. Letter of 17 February 1961 from Representa-tive of Congo.

S/4725 and Add.1. Cable of 18 February 1961 fromPresident of Ghana and note of 23 February 1961from Permanent Representative of Ghana.

S/4726. Cable of 17 February 1961 from Presidentof Togo.

S/4727 and Add.1-3, Add.1/Corr.1. Report of SpecialRepresentative of Secretary-General concerningarrest and deportation of political personalities,dated 18 February 1961.

S/4728. Telegram of 18 February 1961 from Secretaryof State for Foreign Affairs of Tunisia.

S/4729. Cable of 18 February 1961 from Minister forForeign Affairs of Ukrainian SSR.

S/4730. Letter of 20 February 1961 from PermanentRepresentative of Pakistan.

S/4731. Cable of 15 February 1961 from Presidentof Sudan.

S/4732. Letter of 18 February 1961 from PermanentRepresentative of Norway.

S/4733 and Rev.1. Ceylon, Liberia, United ArabRepublic: draft resolution and revision, as amendedby sponsors, United States and Council, not adoptedby Council on 20 February 1961, meeting 942, by6 votes to O, with 5 abstentions.

S/4734. Letter of 20 February 1961 from official incharge of Venezuelan delegation.

S/4735. Letter of 20 February 1961 from Charged'Affaires, a.i., of Permanent Mission of Ghana.

S/4736. Cable of 14 February 1961 from His Im-perial Majesty the Emperor of Ethiopia.

S/4738. Letter of 20 February 1961 from Representa-tive of Liberia.

S/4739. Cable of 20 February 1961 from Ministerfor Foreign Affairs of Byelorussian SSR.

S/4740. United States: amendments to 3-power re-vised draft resolution, S/4733/Rev.1.

S/4741. Resolution, as submitted by 4 powers, S/4722,adopted by Council on 20-21 February 1961, meet-ing 942, by 9 votes to O, with 2 abstentions.

A"The Security Council,"Having considered the situation in the Congo,"Having learnt with deep regret the announcement

of the killing of the Congolese leaders, Mr. PatriceLumumba, Mr. Maurice Mpolo and Mr. Joseph Okito,

"Deeply concerned at the grave repercussions ofthese crimes and the danger of wide-spread civil warand bloodshed in the Congo and the threat to inter-national peace and security,

"Noting the Report of the Secretary-General's Spe-cial Representative (S/4691) dated 12 February 1961bringing to light the development of a serious civilwar situation and preparations therefor,

"1. Urges that the United Nations take imme-diately all appropriate measures to prevent the oc-currence of civil war in the Congo, including arrange-ments for cease-fires, the halting of all military opera-tions, the prevention of clashes, and the use of force,if necessary, in the last resort;

"2. Urges that measures be taken for the immedi-ate withdrawal and evacuation from the Congo of allBelgian and other foreign military and para-militarypersonnel and political advisers not under the UnitedNations Command, and mercenaries;

"3. Calls upon all States to take immediate andenergetic measures to prevent the departure of such


personnel for the Congo from their territories, andfor the denial of transit and other facilities to them;

"4. Decides that an immediate and impartial in-vestigation be held in order to ascertain the circum-stances of the death of Mr. Lumumba and hiscolleagues and that the perpetrators of these crimesbe punished;

"5. Reaffirms the Security Council resolutions of14 July, 22 July and 9 August 1960 and the GeneralAssembly resolution 1474(ES-IV) of 20 September1960 and reminds all States of their obligation underthese resolutions.

B"The Security Council,"Gravely concerned at the continuing deterioration

in the Congo, and the prevalence of conditions whichseriously imperil peace and order, and the unity andterritorial integrity of the Congo, and threaten inter-national peace and security,

"Noting with deep regret and concern the systematicviolations of human rights and fundamental freedomsand the general absence of rule of law in the Congo,

"Recognizing the imperative necessity of the restora-tion of parliamentary institutions in the Congo inaccordance with the fundamental law of the country,so that the will of the people should be reflectedthrough the freely elected Parliament,

"Convinced that the solution of the problem of theCongo lies in the hands of the Congolese people them-selves without any interference from outside and thatthere can be no solution without conciliation,

"Convinced further that the imposition of any solu-tion, including the formation of any government notbased on genuine conciliation would, far from settlingany issues, greatly enhance the dangers of conflictwithin the Congo and threat to international peaceand security,

"1. Urges the convening of the Parliament andthe taking of necessary protective measures in thatconnexion;

"2. Urges that Congolese armed units and per-sonnel should be re-organized and brought underdiscipline and control, and arrangements be made onimpartial and equitable bases to that end and with aview to the elimination of any possibility of inter-ference by such units and personnel in the politicallife of the Congo;

"3. Calls upon all States to extend their full co-operation and assistance and take such measures asmay be necessary on their part, for the implementationof this resolution."

S/4742, S/4743. Letter of 21 February 1961 andcable of 22 February 1961 from Representative ofRepublic of Congo.

S/4744. Letter of 15 February 1961 from PrimeMinister of Ceylon.

SECURITY COUNCIL DOCUMENTS FORPERIOD 22 FEBRUARY-21 APRIL 1961S/4745 and Add.1. Report from Special Representa-

tive of Secretary-General in Congo on situation inOrientale and Kivu provinces.


S/4749. Letter of 24 February 1961 from President ofSecurity Council to Permanent Representative ofUSSR.

S/4750 and Add. 1-7. Report of 24 February 1961from Special Representative of Secretary-Generalin Congo on civil war situation in three main sectorsof Congo.

S/4751. Cable of 25 February 1961 from Presidentof Congo.

S/4752 and Corr.1 and Add.1-4. Report of Secretary-General on certain steps taken in regard to imple-mentation of Security Council resolution of 21February 1961.

S/4753 and Corr.1. Report of 27 February 1961 fromSpecial Representative of Secretary-General inCongo on incidents in Leopoldville involving UnitedNations personnel.

S/4757 and Add.1. Report of 2 March 1961 fromSpecial Representative of Secretary-General inCongo on United Nations protected areas.

S/4758 and Add.1-6, Add.S/Corr.1, Add.6/Corr.1.Report by Secretary-General on recent develop-ments in Leopoldville area.

S/4761 and Corr.1. Report of 8 March 1961 fromSpecial Representative of Secretary-General inCongo on events relating to armed clashes whichtook place between United Nations troops andCongolese forces at Moanda, Banana and Matadion 3-5 March 1961.

S/4768 and Add.1,2. Notes verbales of 10 and 20March 1961 from Permanent Representative ofBelgium and report of 13 March 1961 from SpecialRepresentative of Secretary-General in Congo.

S/4771 and Add. 1-30. Report of Secretary-Generalon implementation of paragraph A-4 of SecurityCouncil resolution of 21 February 1961.

S/4775. Exchange of correspondence between Secre-tary-General and President of Congo on Matadi.

S/4779. Note verbale of 22 March 1961 from Secre-tary-General to Permanent Representative of Bel-gium, and note verbale of 28 March 1961 fromPermanent Representative of Belgium to Secretary-General.

S/4780. Cable of 11 March 1961 and message of 31March 1961 from Secretary-General to Presidentof Congo concerning abduction of LieutenantDimassi of Tunisia.

S/4782. Note verbale of 3 April 1961 from PermanentRepresentative of Belgium.

S/4789. Note verbale of 12 April 1961 from Secretary-General to Permanent Observer of Federal Republicof Germany and reply of 13 April 1961.

S/4790. Report from Acting Special Representativeof Secretary-General in Congo concerning interro-gation of 30 mercenaries apprehended in Kabaloon 7 April 1961.

S/4791. Report from Acting Special Representativeof Secretary-General in Congo on civil war situa-tion in Katanga and on United Nations action inimplementation of Security Council resolution of21 February 1961.


REPORT OF THE UNITED NATIONSCONCILIATION COMMISSIONFOR THE CONGOA/4696. Note from Advisory Committee on Congo

transmitting two messages from Chairman of UnitedNations Conciliation Commission for Congo.

A/4711 and Corr.1, and Add.1 and 2. Report ofUnited Nations Conciliation Commission for Congo.

CONSIDERATION BY GENERALASSEMBLY, MARCH-APRIL 1961


Plenary Meetings 961, 965, 967-972, 974-980, 982-985, 987.

A/4696. Note from Advisory Committee on Congotransmitting two messages from Chairman of UnitedNations Conciliation Commission for Congo.

A/4697. Letter of 20 February 1961 from Charged'Affaires, a.i., of Ghana.

A/4698. Letter of 14 February 1961 from PermanentRepresentative of Czechoslovakia.

A/4702. Letter of 15 February 1961 from Ministerfor Foreign Affairs of Albania.

A/4707. Letter of 9 March 1961 from Vice-Chairmanof delegation of Congo.

A/4711 and Corr.1, and Add.1,2. Report of UnitedNations Conciliation Commission for Congo.

A/4732 (S/4790). Report from Acting Special Repre-sentative of Secretary-General in Congo concerninginterrogation of 30 mercenaries apprehended inKabalo on 7 April 1961.

A/4733 (S/4791). Report from Acting Special Repre-sentative of Secretary-General in Congo concerningcivil war situation in Katanga and United Nationsaction in implementation of Security Council reso-lution of 21 February 1961.

A/L.339 and Add.1-5. Burma, Cambodia, Ceylon,Ethiopia, Federation of Malaya, Ghana, Guinea,India, Indonesia, Iraq, Liberia, Libya, Mali, Mo-rocco, Nepal, Saudi Arabia, Sudan, Togo, UnitedArab Republic, Yemen, Yugoslavia: draft resolu-tion.

A/L.343 and Add.1. Cameroun, Central African Re-public, Chad, Congo (Brazzaville), Dahomey,Gabon, Ivory Coast, Madagascar, Niger, Senegal:amendment to 21-power draft resolution, A/L.339and Add.1-5.

A/L.346. Congo (Leopoldville): amendment to21-power draft resolution, A/L.339 and Add.1-5.

RESOLUTION 1599(xv), as submitted by 21 powersA/L.339 and Add.1-5, and as amended by Assem-bly, adopted by Assembly on 15 April 1961, meet-ing 985, by roll-call vote of 61 to 5, with 33 ab-stentions, as follows:In favour: Afghanistan, Albania, Austria, Bulgaria,Burma, Byelorussian SSR, Cambodia, Canada,Ceylon, Chad, China, Congo (Brazzaville), Cuba,Cyprus, Czechoslovakia, Dahomey, Denmark, Ecua-dor, Ethiopia, Federation of Malaya, Finland,Gabon, Ghana, Guinea, Hungary, Iceland, India,Indonesia, Iran, Iraq, Ireland, Israel, Ivory Coast,Jordan, Lebanon, Liberia, Libya, Madagascar,

Mali, Morocco, Nicaragua, Niger, Nigeria, Norway,Poland, Romania, Saudi Arabia, Senegal, Somalia,Sudan, Sweden, Togo, Tunisia, Turkey, UkrainianSSR, USSR, United Arab Republic, Upper Volta,Venezuela, Yemen, Yugoslavia.Against: Belgium, Nepal, Portugal, Union of SouthAfrica, Uruguay.Abstaining: Argentina, Australia, Bolivia, Brazil,Cameroun, Central African Republic, Chile, Colom-bia, Congo (Leopoldville), Costa Rica, DominicanRepublic, El Salvador, France, Greece, Guatemala,Haiti, Honduras, Italy, Japan, Laos, Luxembourg,Mexico, Netherlands, New Zealand, Pakistan,Panama, Paraguay, Peru, Philippines, Spain, Thai-land, United Kingdom, United States.

"The General Assembly,"Recalling its resolution 1474(ES-IV) of 20 Sep-

tember 1960 and the Security Council resolutions of14 July, 22 July and 9 August 1960 and, more particu-larly, that of 21 February 1961, urging the immediatewithdrawal and evacuation of all Belgian and otherforeign military and para-military personnel and poli-tical advisers not under the United Nations Command,and mercenaries,

"Deploring that despite all these requests the Gov-ernment of Belgium has not yet complied with theresolutions and that such non-compliance has mainlycontributed to the further deterioration of the situa-tion in the Congo,

"Convinced that the central factor in the presentgrave situation in the Congo is the continued presenceof Belgian and other foreign military and para-military personnel and political advisers, and mer-cenaries, in total disregard of repeated resolutions ofthe United Nations,

"1. Calls upon the Government of Belgium toaccept its responsibilities as a Member of the UnitedNations and to comply fully and promptly with the willof the Security Council and of the General Assembly;

"2. Decides that all Belgian and other foreignmilitary and para-military personnel and politicaladvisers not under the United Nations Command, andmercenaries, shall be completely withdrawn andevacuated;

"3. Calls upon all States to exert their influenceand extend their co-operation to effect the imple-mentation of the present resolution."

A/L.340 and Add.1-3, Add.3/Corr.1, Add.4. Burma,Chad, Ethiopia, Federation of Malaya, Iran, Japan,Liberia, Libya, Nigeria, Pakistan, Philippines, Sene-gal, Somalia, Sudan, Tunisia, Turkey, Upper Volta:draft resolution.

A/L.342 and Corr.1 and Add.1. Cameroun, CentralAfrican Republic, Congo (Brazzaville), Dahomey,Gabon, Ivory Coast, Madagascar, Niger: amend-ments to 17-power draft resolution, A/L.340,Add.1-4, Add.3/Corr.1.A/L.348. Guinea: amendments to 17-power draftresolution, A/L.340, Add.1-4, Add.3/Corr.1.

RESOLUTION 1600 (xv), as submitted by 17 powers,A/L.340, Add.1-4, Add.3/Corr.1, adopted by As-


sembly on 15 April 1961, meeting 985, by roll-callvote of 60 to 16, with 23 abstentions, as follows:In favour: Argentina, Australia, Austria, Bolivia,Brazil, Burma, Cameroun, Canada, Chad, Chile,China, Costa Rica, Cyprus, Denmark, DominicanRepublic, Ecuador, El Salvador, Ethiopia, Federa-tion of Malaya, Finland, Greece, Guatemala, Haiti,Honduras, Iceland, Iran, Ireland, Israel, Italy,Japan, Jordan, Lebanon, Liberia, Libya, Luxem-bourg, Nepal, Netherlands, New Zealand, Nica-ragua, Nigeria, Norway, Pakistan, Panama, Para-guay, Peru, Philippines, Saudi Arabia, Senegal,Somalia, Sudan, Sweden, Thailand, Togo, Tunisia,Turkey, United Kingdom, United States, UpperVolta, Uruguay, Venezuela.Against: Albania, Bulgaria, Byelorussian SSR, Cen-tral African Republic, Congo (Brazzaville), Czecho-slovakia, Dahomey, Gabon, Hungary, Ivory Coast,Madagascar, Niger, Poland, Romania, UkrainianSSR, USSR.Abstaining: Afghanistan, Belgium, Cambodia, Cey-lon, Colombia, Congo (Leopoldville), Cuba, France,Ghana, Guinea, India, Indonesia, Iraq, Laos, Mali,Mexico, Morocco, Portugal, Spain, Union of SouthAfrica, United Arab Republic, Yemen, Yugoslavia.

"The General Assembly,"Having considered the situation in the Republic

of the Congo,"Gravely concerned at the danger of civil war and

foreign intervention and at the threat to internationalpeace and security,

"Taking note of the report of the Conciliation Com-mission appointed in pursuance of paragraph 3 of itsresolution 1474(ES-IV) of 20 September 1960,

"Mindful of the desire of the Congolese people fora solution of the crisis in the Congo through nationalreconciliation and return to constitutionality withoutdelay,

"Noting with concern the many difficulties thathave arisen in the way of effective functioning of theUnited Nations operation in the Congo,

"1. Reaffirms its resolution 1474(ES-IV) and theSecurity Council resolutions on the situation in theCongo, more particularly the Council resolution of21 February 1961;

"2. Calls upon the Congolese authorities concernedto desist from attempting a military solution to theirproblems and resolve them by peaceful means;

"3. Considers it essential that necessary and effect-ive measures be taken by the Secretary-General im-mediately to prevent the introduction of arms, militaryequipment and supplies into the Congo, except in con-formity with the resolutions of the United Nations;

"4. Urges the immediate release of all members ofParliament and members of provincial assemblies andall other political leaders now under detention;

"5. Urges the convening of Parliament withoutdelay, with safe conduct and security extended to themembers of Parliament by the United Nations, so thatParliament may take the necessary decisions concern-ing the formation of a national government and onthe future constitutional structure of the Republic of

the Congo in accordance with the constitutionalprocesses laid down in the Loi fondamentale;

"6. Decides to appoint a Commission of Con-ciliation of seven members to be designated by thePresident of the General Assembly to assist theCongolese leaders to achieve reconciliation and toend the political crisis;

"7. Urges the Congolese authorities to co-operatefully in the implementation of the resolutions of theSecurity Council and of the General Assembly andto accord all facilities essential to the performanceby the United Nations of functions envisaged in thoseresolutions."

A/L.341 and Corr.1. USSR: draft resolution, rejectedby Assembly on 15 April 1961, meeting 985, byroll-call vote of 29 to 53, with 17 abstentions, asfollows:In favour: Afghanistan, Albania, Bulgaria, Burma,Byelorussian SSR, Ceylon, Cuba, Czechoslovakia,Ethiopia, Ghana, Guinea, Hungary, India, Indo-nesia, Iraq, Jordan, Lebanon, Libya, Mali, Moroc-co, Poland, Romania, Saudi Arabia, Sudan, Ukrain-ian SSR, USSR, United Arab Republic, Yemen,Yugoslavia.Against: Argentina, Australia, Austria, Belgium,Bolivia, Brazil, Canada, Chile, China, Colombia,Congo (Brazzaville), Congo (Leopoldville), CostaRica, Cyprus, Dahomey, Denmark, Ecuador, ElSalvador, France, Gabon, Greece, Guatemala,Haiti, Honduras, Iceland, Ireland, Israel, Italy,Ivory Coast, Japan, Luxembourg, Madagascar,Mexico, Netherlands, New Zealand, Nicaragua,Niger, Norway, Panama, Paraguay, Peru, Philip-pines, Portugal, Spain, Sweden, Thailand, Turkey,Union of South Africa, United Kingdom, UnitedStates, Upper Volta, Uruguay, Venezuela.Abstaining: Cambodia, Cameroun, Central AfricanRepublic, Chad, Dominican Republic, Federationof Malaya, Finland, Iran, Laos, Liberia, Nepal,Nigeria, Pakistan, Senegal, Somalia, Togo, Tunisia.

A/L.347. Ceylon, Ghana, India, Morocco: draftresolution.

RESOLUTION 1601(xv), as submitted by 4 powers,A/L.347, adopted by Assembly on 15 April 1961,meeting 985, by roll-call vote of 45 to 3, with 49abstentions, as follows:In favour: Afghanistan, Austria, Bolivia, Brazil,Burma, Cambodia, Canada, Ceylon, Chile, Colom-bia, Denmark, Ecuador, Ethiopia, Federation ofMalaya, Finland, Ghana, Guinea, Iceland, India,Indonesia, Iran, Iraq, Ireland, Jordan, Lebanon,Liberia, Libya, Mali, Mexico, Morocco, Nepal, NewZealand, Nigeria, Norway, Panama, Saudi Arabia,Senegal, Sudan, Sweden, Togo, Tunisia, UnitedArab Republic, Venezuela, Yemen, Yugoslavia.Against: Congo (Leopoldville), Portugal, Spain.Abstaining: Albaina, Argentina, Australia, Belgium,Bulgaria, Byelorussian SSR, Cameroun, CentralAfrican Republic, Chad, China, Congo (Brazza-ville), Costa Rica, Cuba, Cyprus, Czechoslovakia,Dahomey, Dominican Republic, El Salvador, France,Gabon, Greece, Guatemala, Haiti, Honduras, Hun-


gary, Israel, Italy, Ivory Coast, Japan, Laos, Lux-embourg, Madagascar, Netherlands, Nicaragua,Niger, Pakistan, Paraguay, Poland, Romania, So-malia, Thailand, Turkey, Ukrainian SSR, Unionof South Africa, USSR, United Kingdom, UnitedStates, Upper Volta, Uruguay.

"The General Assembly,"Recalling part A, paragraph 4, of the Security

Council resolution of 21 February 1961,"Taking note of documents S/4771 and Add.1,"1. Decides to establish a Commission of Investi-

gation consisting of the following members: JusticeU Aung Khine (Burma), Mr. Teschome Hailemariam(Ethiopia), Mr. Salvador Martinez de Alva (Mexico),Mr. Ayité d'Almeida (Togo);

"2. Requests the Commission to proceed as earlyas possible to carry out the task entrusted to it."

UNITED NATIONS FORCE IN THE CONGO

As of 21 April 1961 As of 21 April 1961

Supporting Forces Supporting Forces(including staff, air (including staff, air

ArgentinaAustriaBrazilCanadaCeylonDenmarkEthiopiaFederation of MalayaGhanaGreeceIndiaIndonesiaIrelandItalyLiberiaMoroccoNetherlandsNigeriaNorway

InfantryForces

2470980

1642

32521135646

2267

1671

and administrative Infantry and administrativepersonnel)

244829

2848

701512

21764

425

12810

167

111

Forces personnel)Pakistan 551Sudan 1Sweden 518 124Tunisia 3149 11

Total 15696 2245

Infantry and/or supporting units contributedto the United Nations Force in the Congo werewithdrawn at varying stages by various coun-tries during the period November 1960- April1961, as follows: by Mali, in November 1960;by Yugoslavia, in December 1960; by Burmaand Guinea, in January 1961; by the UnitedArab Republic, in February 1961; by Morocco,in March 1961; and by Indonesia and Sudan,in April 1961.

CIVILIAN OPERATIONS IN THE CONGO (LEOPOLDVILLE)

BACKGROUND

A framework for United Nations civilian as-sistance operations was established in the Re-public of the Congo (Leopoldville) almostsimultaneously with the arrival of the UnitedNations military force in the country. Althoughtheir identities were clearly separate, the twophases of assistance were conceived as beinginter-related and mutually supporting. While thecivilian operations scheme was considered to bethe essential long-term United Nations contribu-tion to the Congo, its effectiveness would re-quire the establishment of order and security.

The importance which the United Nationsattached to the civilian aspects of its activitiesin the Republic of the Congo was underlined bythe Security Council in a resolution it adoptedon 22 July 1960, whereby it invited "the spe-

cialized agencies of the United Nations to renderto the Secretary-General such assistance as hemay require." At the time that the resolutionwas being put forward, the emergency andlonger-term needs had already become clearlydefined. The mass withdrawal of Belgian per-sonnel from the executive, administrative andtechnical posts which they had held, occurringas it did without any adequate anticipation orpreparation of Congolese nationals as their re-placements, created both an immediate emer-gency situation and a threat to the economicand social foundations of the country. In thesecond half of July 1960, as the first UnitedNations technicians and advisers began to arrivein the Congo, they found transport at a virtualstandstill, communications disrupted at somepoints, food shipments held up, health services


of the Government officials involved and, inpractice, most of the senior consultants wereinvited to work directly with the Ministries.

The broad fields in which the United Nationsgave assistance to the Congo, and for whichsenior consultants had been appointed, as of15 March 1961 were as follows: agriculture,communications, education, finance, foreigntrade, health, judicature, labour, instruction (ofmilitary forces), natural resources, and publicadministration. Under each senior consultant,there was a technical advisory team to carry onthe day-to-day operational and instructionalfunctions necessary in the various fields.

At the end of January 1961, after more thansix months of activity, the entire Civilian Opera-tions Mission numbered 204 people of 31 dif-ferent nationalities. In addition, through anarrangement with the International Red Cross(see p. 114, below), there were 25 Red Crossteams working with the United Nations Mission.

The Mission represented a combined effortof the United Nations and the specialized agen-cies. The agencies provided the technical teamsin their respective fields, and appointed thesenior advisers to head those teams. The Secre-tary-General of the United Nations then ap-pointed these senior advisers to the ConsultativeGroup so as to maintain a centrally co-ordinatedand completely integrated programme.

deteriorating, foreign exchange drained andrevenue blocked.

At the same time, the Secretary-General, indiscussions with the Prime Minister of theCongo in New York, was exploring "the poten-tialities and the scope of the economic andtechnical assistance which the United Nationsmight helpfully and effectively render to theRepublic." On 29 July, the Secretary-Generalcirculated the text of the formal agreement be-tween the United Nations and the Governmentof the Republic of the Congo covering militaryand non-military activities of the United Na-tions in that country.

On 11 August, the Secretary-General sub-mitted a memorandum to the Security Councilon the organization of civilian operations. Theproposals therein reflected the understandingthat this undertaking would go beyond the nor-mal scope of technical assistance as provided bythe United Nations and related agencies in othercountries. Although the traditional advisory andtraining services of the technical assistance pro-gramme, and scheme for the provision of opera-tional, executive and administrative personnel(known as the OPEX scheme) would be avail-able to the Congo, there would also be a needfor activities on a level of higher administrativeresponsibility, for which the personnel employedwould have to receive a new status within a newframework. A structure was therefore createdthrough which this broader range of assistancecould be given by the United Nations withoutinfringing on the sovereignty of the Congo orhampering the development of the national ad-ministration.

A Chief of Civilian Operations was appointedon 26 July (serving concurrently as ResidentRepresentative of the Technical AssistanceBoard), with a status parallel to that of theSupreme Commander of the United Nationsmilitary force. By the terms of the memorandumof 11 August to the Security Council, the Chiefof Civilian Operations became the Chairman ofa Consultative Group composed of the seniorexperts in each of the major fields of assistance.The members of the Group were given the dualcapacity of consultants to the Chief of CivilianOperations and advisers to the Ministries of theCongolese Government. It was visualized at theoutset that this latter function would be per-formed on an ad hoc basis at the specific request

FINANCINGThe civilian operations scheme was financed

entirely from voluntary contributions to theUnited Nations Fund for the Congo11 set upfor the purpose. It covered the costs of thespecialized agencies as well as those of theUnited Nations itself.

The Fund was proposed by the Secretary-General on 7 September in his fourth reportto the Security Council. In suggesting an im-mediate target of $100 million, it was visualizedthat the largest share of the funds contributed

11 The United Nations Fund for the Congo ischarged only with costs incurred for restoration ofthe economic life of the Congo and carrying on itspublic services. The cost of the Office of the Chief ofCivilian Operations and the administrative and sup-port costs are paid from the budget of the UnitedNations Operations in the Congo. The latter is anad hoc account of the United Nations budget withexpenses apportioned among Member states in accord-ance with General Assembly resolution 1619(XV) of21 April 1961. (See p. 127.)


would be used for direct financial aid to theCongo Treasury as a means of stabilizing theeconomy and laying the foundation for futuregrowth. It was made clear, however, that suchfinancial aid—channelled through the UnitedNations—would not represent an external sub-sidy and would last only long enough to ensurethat the economic and administrative fabric ofthe country would be kept intact.

On 20 September 1960, the fourth emergencyspecial session of the General Assembly adopteda resolution (1474(ES-IV)) which, among otherthings, approved the establishment of the UnitedNations Fund for the Congo and appealed toUnited Nations Member Governments for urgentcontributions. The principles underlying the useand management of the Fund were based onthe original proposals in the Secretary-General'sfourth report. They included the following stipu-lations: that the voluntary contributions be inconvertible or readily usable currencies as faras possible; that the Fund be expended underUnited Nations control; and that it be used forthe restoration of the economic life of the Congoand to carry on public services at such levels asare possible and reasonable.

As of 18 May 1961, a total of $18,980,486had been pledged for the Account in the formof donations by 18 Governments. At the sametime, it was estimated that $14,785,565 wascommitted by the United Nations and relatedagencies in the period 15 July 1960-18 May1961 on civilian operations.

OPERATIONSFrom mid-July to the end of August 1960,

the work of the Civilian Mission was almostentirely of an emergency and operational nature,responding to the shortage of food, the disrup-tion of transport and communications, the risein unemployment and the threat to health witha series of measures which are described underseparate headings below. Although this opera-tional role was continued to the end of 1960and in the first months of 1961, it was possibleby early September 1960 for the Mission to turnits attention to the need for advisory services inthe Ministries, to basic surveys and analyses andto the training of Congolese nationals in a widerange of administrative and economic fields.

By the end of 1960, the Mission had sent 75Congolese abroad for training under fellowship

grants, had co-ordinated the selection and ar-rangements for over 100 others who had beenawarded fellowships by bilateral programmesand had organized a series of formal and in-formal courses in the country. However, sinceit would be a considerable time before the Con-golese would be prepared to staff their ownservices, and since the departure of Belgianpersonnel had left many vital posts vacant, theMission began to recruit its own doctors, medi-cal aides and teachers for eventual secondmentto Government service.

Each of the phases of civilian assistance isdescribed in greater detail below under the fieldsof activity covered by the Consultative Group.

AGRICULTURE

A senior consultant for agriculture and a totalof 10 other experts covering the fields of generaladministration, marketing, nutrition, agricul-tural economy and co-operatives were assignedto the United Nations Civilian Operations Mis-sion by the Food and Agriculture Organization(FAO) between August 1960 and January 1961.Working through the Central and ProvincialMinistries of Agriculture, the team sought tofind a formula by which the Congo might main-tain the level of production which it had reachedin earlier years. A plan of re-organization of thebasic services and a schedule for technical assist-ance were drawn up in the early months, butlater revised in the light of the deterioratingagricultural and administrative situations.

Although the degree of re-organization ofagricultural services depended on budgetary re-sources, there was no definite idea by the begin-ning of 1961 as to what these resources wouldbe. There was only one agricultural graduate,with a limited number of Congolese qualifiedfor advanced training in this field. The revivalof the marketing process—which had been dis-rupted soon after independence—was beingslowed by security and transport problems. Thedirect liaison with the provinces, being estab-lished by the agricultural team, and the effortsof that team to survey the extent of abandon-ment of plantations and to instal a system ofsupervision of small farms were threatened atthe end of 1960 by unsettled conditions in theprovinces.

Against this background, the team obtainedits most immediate results with practical prob-


lems, such as: the outbreak of rinderpest inEquator province (for which vaccine was sup-plied in January 1961); the agricultural aspectof the refugee relief programme (which is de-scribed in the section on OTHER CIVILIAN ACTIVI-TIES, p. 116); the selection of public works pro-jects in the agricultural field; and the initiationof training courses for agricultural workers. Athree-year course for agronomists was begun atLovanium University in October, and 25 stu-dents were accepted for the first year.

COMMUNICATIONS

As a result of the large-scale departures ofBelgian technicians before and immediately afterindependence, the continuance of many of thecommunications facilities of the Congo had tobe assured by United Nations personnel. Theirassistance was provided in the fields of rail andriver transport, civil aviation, telecommunica-tions and postal services, meteorology and radiobroadcasting. The assistance was primarily of anoperational nature, although the United Nationspersonnel turned their attention increasingly tothe matter of training Congolese counterparts.Despite the tangible accomplishments in runningand maintaining services, progress in each of thecommunications fields was adversely affected bypolitical developments.

Civil Aviation. Over 40 technicians from some10 different countries were assigned to the Mis-sion by the International Civil Aviation Organi-zation (ICAO) during the initial period of thecivilian operations scheme, with 34 in the coun-try at the end of January 1961. They wereassigned to airports in Leopoldville, Bakwanga,Kamina, Luluabourg, Stanleyville, Kikwit, Ma-tadi and Coquilhatville, at each point ensuringa minimum standard of safety for commercialas well as United Nations military flights. Theirmost important activity was the operation of thecontrol tower and flight information centre atLeopoldville's Ndjili airport. At the beginningof July 1960, the control tower was in a stateof disorganization, and the flight informationcentre, intended to provide an advisory servicefor safety of air traffic over the whole country,was practically non-existent. Several monthsafterwards, both were operating on a satisfactoryminimum scale. The team also helped to repairand maintain radio aids to air navigation and

some of the other communications facilities atthe Leopoldville and Luluabourg airports.

The chief of the civil aviation team advisedthe Directorate of Civil Aviation on all phasesof long-range policy and operations, and sug-gested the role which United Nations technicalassistance might play in helping to carry outfuture plans. By the end of January 1961, theMinistry of Communications had requestedICAO to provide a larger staff for the variousairports and for its central advisory services.

As to training, the United Nations teamhelped to organize and to run a school for airtraffic controllers, which began its preparatorycourses on 16 January 1961. Plans were madeto enter 30 participants in the course, and toinitiate a second course for radio mechanicsearly in 1961.

Telecommunications. The largest segment ofthe Mission—some 60 technicians—was pro-vided by the United Nations and the Interna-tional Telecommunication Union (ITU) torepair telecommunication facilities, put themback into operation, maintain them and traina Congolese staff to operate them.

In some 10 centres in four provinces, radio-telegraph and radio-telephone transmitters, au-tomatic and manual telephone exchanges andaviation radio apparatus were repaired andmade to function normally. Radio broadcastingapparatus, too, was put back into operation andUnited Nations engineers were assigned to thestudio in Leopoldville with supervisory func-tions.

Postal Services. Although there remained alack of control by the Central Post Office overits provincial counterparts, some improvementin administrative procedures was realized inLeopoldville and in the province of Kivu as aresult of the work of three United Nationspostal experts. Among their assignments were:undertaking an accounting of the funds avail-able in the Central Post Office; making an in-ventory of the postage and pension stamps instock; rendering assistance to the philatelic of-fice; inspecting post offices in various districtsof the capital city and correcting irregularitiesthat were shown up by this inspection.

In November 1960, the team organized train-ing courses in Leopoldville for postal workers.


Meteorology. The chief of the meteorologicalteam and the nine experts and advisers whowere assigned by the World Meteorological Or-ganization (WMO) during the first six-monthperiod devoted their time primarily to the re-activation of weather forecasting services for thenormally heavy air traffic. This objective waspartially achieved, despite substantial difficultiesin assuring the transmission of the necessaryweather information from one part of the coun-try to the other, and from outside the Congo.One means by which the chief meteorologicaladviser overcame the transmission problem wasby making an arrangement with the authoritiesin Brazzaville whereby their weather mapscovering Africa and most of Europe were pickedup once a day by United Nations helicopter andbrought across the river.

A second objective of the team was the train-ing of Congolese meteorologists, and, for thispurpose, seven fellowships were awarded toqualified applicants for study in France andSwitzerland. They left in October and Novem-ber 1960 for periods varying from 6 to 18months. At the same time, the team in Leopold-ville began in-service courses in basic subjects toprepare more Congolese to take up fellowshipawards.

A long-range plan for improvement ofweather forecasting services, as well as a plan forfuture United Nations assistance in this field,was drawn up by the chief adviser at the endof 1960 and approved by the Ministry of Com-munications. However, as in other fields ofUnited Nations civilian aid activities, actual im-plementation—particularly of the phases of theplan affecting the provinces—remained depend-ent on the political situation.

Transport. A transport adviser, his assistantand two port operations experts were amongthe first members of the Civilian OperationsMission on the scene in July. They were instru-mental in arranging for the reopening of theport of Matadi to international traffic, the re-sumption of dredging work necessary to themaintenance of this port, the resumption of theflow of oil from Matadi to Leopoldville and theresumption of Congo River traffic and of rail-way communications between Matadi and Leo-poldville and Kasai and Katanga. These trans-port lifelines had been disrupted as a result of

the incidents of mid-July and the departure ofmany key technicians.

With the assistance of the United Nations andthe efforts of the Government companies respon-sible for transport, all services were put backon a fairly regular basis. Interruptions in railand river service were, however, still being ex-perienced at the end of 1960 and the beginningof 1961, generally as a result of political con-ditions.

Potential difficulties in transport and com-munications as a result of inadequate staff andparts for maintenance were repeatedly called tothe attention of Congolese authorities but, as atthe beginning of 1961, breakdowns for lack ofmaintenance remained a serious threat.

The original transport team concluded itswork in October 1960. The senior consultant forcommunications, appointed in November, as-sumed responsibility for general advisory serv-ices in the transport field, in addition to hisover-all responsibility for the civil aviation, tele-communication and meteorological teams.

Radio Broadcasting. From August to Novem-ber, a United Nations radio specialist advisedon broadcasting procedures in Leopoldville andthe provinces. He arrived at a time when theCongolese had begun to run the national radioentirely on their own, and without experiencein many phases of programming and procedures.The expert's advice covered such subjects asannouncing standards, preparation of news bul-letins, programme operations, care of equipment,publicity and the maintenance of premises.

EDUCATIONIn addition to a senior consultant, 14 other

experts were made available by the United Na-tions Educational, Scientific and Cultural Or-ganization (UNESCO) to serve on the educa-tional team—some of them on a short-term basis.They set to work almost immediately on recom-mendations for the re-organization of a systemwhich had to be adapted to the acceleratedneeds of an independent country with few sec-ondary school and fewer college graduates. As abasis for their projections, the team studied thestructure of the school system under the previousadministration, including such matters as thebudgetary provisions, the categories and postingof teachers.


The senior consultant and his colleaguesworked within the Central Ministry of Educa-tion and, by the beginning of 1961, were able toinstitute some new procedures on a modestscale. It was hoped that the degree of re-organi-zation could be expanded with the achievementof greater administrative stability and respon-sibility within the Ministry. At the same time,advisers were under recruitment to work withprovincial ministries, but political developmentswere delaying their placement.

Soon after the organization of the UnitedNations civilian operations scheme, an agree-ment was reached with Congolese educationalauthorities whereby UNESCO would recruitteachers from abroad to fill the gaps created bythe departure of many former teachers. Theimplementation of this plan was delayed, andthe numbers involved modified, by such factorsas: lack of security guarantees in the provinces;inadequate information as to categories of teach-ers needed; difficulty in obtaining Governmentagreement on conditions of service; and thereturn of some of the teachers. By 15 March1961, 66 teachers were at their posts.

As to training educators, the team studied:the establishment of a training programme forsecondary, technical and normal school teachers;the possibility of a training centre abroad forCongolese educational administrators and schoolinspectors; and the selection of candidates forfellowships which were awarded under bilateralprogrammes.

FINANCEOf the many crises which confronted the

Congo at the time of its independence, the crisisof the Treasury was the most acute. Althoughthe position of the Treasury was no less pre-carious six months later, it can be said that thepresence of a total United Nations team of 23experts and advisers (13 in the field as of 31January 1961) prevented the financial situationfrom reaching a state of complete disorder. Thecloseness of their collaboration with Congoleseauthorities was exemplified by the designationof the first United Nations senior consultant asPresident pro tem of the Monetary Council, apolicy-making and control body which theUnited Nations helped to create.

The work of the Civilian Operations Missionin the economic and financial fields covered the

following activities:1. Arrangements for, and supervision of, a

grant by the United Nations of $5,000,000 de-posited to the account of the Congo in October1960. The funds (in dollars) were used to pro-vide importers in the Congo with the necessaryforeign exchange to resume purchase of prioritymaterials abroad; (imports had been almostcompletely suspended for some three months forlack of foreign currency). At the same time, thecountervalue of the grant in Congolese francs(250,000,000) was advanced by the CentralBank to help stabilize the Treasury. The francswere repaid to the Central Bank by importersin return for the foreign currency which theyreceived.

2. Collaboration with the United Nationsforeign trade specialists in drawing up regula-tions for foreign exchange and import-exportcontrol (described more fully below in the sec-tion On FOREIGN TRADE, p. 114).

3. Continued guidance to the MonetaryCouncil, which set the economic and financialpolicy for the Central Government in the periodbetween liquidation of the old Central Bank ofthe Congo and Ruanda-Urundi and the estab-lishment of a new Bank; guidance to Congoleseauthorities in the liquidation procedures whichbegan with a convention signed in Geneva inJuly 1960 and culminated in the necessary rati-fication in Brussels and Leopoldville in January1961; recommendations on ways to maintaincontrol of the banking situation in the provinceswhich, in view of the political difficulties in theeastern provinces, had deteriorated seriously bythe beginning of 1961; recommendations formeasures to control Government expenditureand to stop the drain on Treasury resources—measures which were proving difficult to en-force.

4. Collaboration in planning short-term budg-ets for the end of 1960 and the beginning of 1961,exploration of ways in which to reactivate thesources of Government revenue which had beencut off with the disturbances of July, and theprovision of a team of customs and tax expertsto put these two major revenue-producing sys-tems back in effective operation. As of the endof January 1961, this goal was far from realiza-tion, particularly in the customs service, wherecontact with check-points outside Leopold-ville province was difficult to maintain. Never-


theless, the presence at that time of eight UnitedNations customs specialists, the opening of atraining course for Congolese inspectors, andpreliminary negotiations with authorities of con-tiguous territories were hopeful signs.

5. Advice on the status of the para-statalorganizations—the autonomous bodies in thefields of public utilities, social services, financeand research and resources, which are underGovernment control; guidance in the prelimi-nary negotiations by which the administrationof these organizations—the backbone of theCongo economy—would be transferred fromBrussels to Leopoldville; help, through UnitedNations experts sent to Brussels, in gatheringinformation as a basis of negotiation.

6. Gathering of information, through an eco-nomic analysis and policy unit attached to thefinance team, about all phases of the Congoeconomy—this information to be used as an aidin advance planning.

FOREIGN TRADE

A senior consultant, an expert in foreign tradeand a specialist in commodity marketing wereassigned by the United Nations to the CivilianOperations Mission at a time when the follow-ing situation prevailed: (i) foreign exchangereserves were practically exhausted; (ii) foreigncurrency proceeds from the reduced level ofexports were not being received into the CentralTreasury; and (iii) the lack of exchange hadbrought imports to a standstill and put an endto non-commercial transfers.

The foreign trade experts concentrated theirefforts on the establishment of an export-importcontrol system which would assure that foreignexchange proceeds from exports would be avail-able for the use of importers. This system wasadopted by Congolese authorities and the neces-sary legislation signed by the Chief of State on3 October 1960.

Thereafter an Office de Changes and anOffice des Licenses were opened under the au-thority of the Commission de Changes. There-after, the role of the United Nations expertsconsisted of watching over the activities of theseoffices, training their staff on an in-service basisand developing the principles and systems fordistribution of the available foreign currency inaccordance with the most urgent needs of the

country. In developing this priority system, theyhad to cope with the realities of a foreign debtaccumulated in earlier months, a decrease in thealready insufficient volume of exports and aneed to import some items (such as rice) whichwere available domestically before the disordersin the interior.

HEALTH

Between July 1960 and February 1961, some60 experts provided by the World Health Or-ganization (WHO) and 100 doctors and medi-cal aides provided by the International RedCross helped the Congo to keep its basic healthservices going and to prepare its own peopleeventually to take over these services.

The presence of some 25 Red Cross teamsprovided at the request of the United Nationsby various countries belonging to the League ofRed Cross Societies, assured the maintenanceof hospital service in five provinces. Since manyof these hospitals had been left in July withoutsurgeons, doctors and supervisory personnel, theassignment of the Red Cross teams was anemergency measure of the first priority. Anotherwas the organization of mobile teams of UnitedNations and Congolese medical aides to reacti-vate preventive services in rural areas at a timewhen epidemics were threatened. Towards theend of 1960, the United Nations began to assigna first group of district medical officers to carryon this preventive work as United Nations em-ployees, until their services could be transferreddirectly to the Congolese Government. By theend of January, there were 13 such officers, withover 100 more scheduled to come. Anotheremergency undertaking by the health team wasits participation in the refugee relief programmedescribed below in the section on OTHER CIVILIANACTIVITIES. A fourth emergency measure—begin-ning in July 1960—was the assignment of UnitedNations sanitarians to Leopoldville and theother provinces to avert a threatened break-down in the water supply and purification sys-tems. As at the beginning of February 1961, allthese activities were continuing, but they hadhad to be curtailed in some outlying areas forreasons of security.

The efforts of the United Nations in thehealth field featured a heavy emphasis on train-ing. There was not one Congolese doctor at the


time that the country achieved independence,and only a handful of students in advancedmedical courses. Against this background, theUnited Nations attempted to accelerate the rateof training in the various categories of medicaleducation; first, by sending 68 young men toEurope for courses leading to a doctor of medi-cine degree; secondly, by adding Civilian Opera-tions staff to the faculty of Lovanium Universityso that the student enrolment could be ex-panded; thirdly, by organizing various coursesat the local level—such as a course for sani-tarians.

During the entire period, the United Nationshealth advisers worked in close collabora-tion with the Central Ministry of Health, guid-ing the new officials in the area of policy makingand in dealing with the day-to-day health situa-tion. As far as the political situation allowed,this guidance was also extended to the provin-cial ministries of health.

JUDICATUREThe United Nations provided the services of

a senior legal consultant and a police instructor.The consultant studied possible solutions to a

situation whereby only a handful of the peoplewho exercised legal functions within the judicialsystem of the Congo remained in the monthafter independence—and whereby the first Con-golese lawyer was to graduate in a year's time.During the six months of his assignment, heexplored the means by which the United Na-tions would recruit lawyers from abroad forservice until a cadre could be trained locally.While political conditions in the country madeit impossible to implement his plan immediately,preliminary steps were taken towards suchrecruitment. The consultant also took part inthe organization of a school of law and ad-ministration (which is described in the section onPUBLIC ADMINISTRATION, p. 116). In addition topreparing the basis for legal courses to be givenat this new school, he made proposals for revis-ing the existing law courses at Lovanium Uni-versity, to adapt them to the more pressingneeds of the country. Finally, he collaborated inthe drafting of new laws governing the Congo-lese civil service and in a review of the statuteon magistrates.

The police instructor organized training and

specialization courses for 60 Congolese policecommissioners and prepared the way for anothercourse for policemen. He also advised on ques-tions of police administration.

LABOURA senior consultant and eight experts from

the International Labour Organisation (ILO)were assigned to the civilian operations scheme;four of these were in the field on 31 January1961.

The first subject of concern was the growingunemployment throughout the Congo, and itwas on the recommendation of the labour teamthat the emergency public works programme forthe relief of unemployment, described below,was organized.

With a view to providing the Ministry ofLabour with an adequate staff, an acceleratedfour-month training course for 34 labour officialsbegan in mid-October 1960, with instructionprovided by members of the team. On a longer-range basis, three fellowships were awarded toofficials of the Ministry of Labour for trainingabroad, and the possibility of establishing aLabour Institute in the country was studied.

During August 1960, the senior consultanttook part in discussions in Geneva and Brusselson arrangements for transferring the administra-tion of the social security system to Congoleseauthorities. This was followed up in mid-Octo-ber by the formation of a Tripartite Committeeby the Ministry of Labour, in which members ofthe United Nations team took part.

The Committee submitted recommendationsfor a revision of the old system to meet currentneeds in the Congo, and the new law was await-ing promulgation as at the end of January 1961.

MILITARY INSTRUCTION

As part of the civilian operations scheme, asenior consultant was appointed with the follow-ing terms of reference: (1) to give assistance inthe organization and effective establishment ofthe Ministry of National Defence; (2) to aidin the organization of the National GeneralStaff; (3) to help train new combat units inline with national requirements; (4) to help re-organize the Gendarmerie corps.

Although a start was made on the trainingof para-commando units, the political situation


made it impossible to carry out the other acti-vities visualized. Nevertheless, the United Na-tions intensified its efforts to advise on thenecessary re-organization and training and toencourage the professional spirit prerequisite toany real programme of instruction.

NATURAL RESOURCES

From the last week of August until the endof September 1960, a senior consultant in thefield of natural resources studied the status ofthe mining situation with a view to suggestingfuture policy to the Government. Towards theend of his assignment, he visited Katanga Prov-ince and established contact with the officialsof the Union Minière company. Through UnionMinière, he was able to study extensively theirmining, metallurgical, electrical and social acti-vities in one of the important districts of theProvince.

A second expert in mining studied the stateof the mining industry in the other provinces.

PUBLIC ADMINISTRATION

There were two United Nations senior con-sultants in the field of public administration,one serving from the end of July until thebeginning of November, and the second con-tinuing on from that time. Their activities weredirected towards two primary goals: (1) to helpthe Congolese adapt staff and re-organize theircivil service; and (2) to work with other mem-bers of the Civilian Operations Mission on there-organization and staffing of the various Cen-tral Ministries.

In regard to the civil service, it was necessaryfirst to stimulate the establishment of a newMinistry which would be responsible for thisservice. Working with this Ministry, the con-sultant helped to draw up proposals for salaryscales and statutes for civil servants.

To introduce a greater measure of experienceinto the service, the senior consultant organized,at the end of November 1960, a two-monthaccelerated training course for senior govern-ment officials. The course had an enrolment of300 officials, some from each of the 16 majorGovernment Departments. They took fourclasses a day in such subjects as administrativeorganization, elements of constitutional law, ele-ments of political economy, financial law, statis-tics and advanced French. These courses were

presided over by the senior consultant, withindividual lectures given by other members ofthe Mission. The course was concluded at theend of January 1961 with a qualifying examina-tion which produced satisfactory results.

With the collaboration of the Ford Founda-tion, a National School of Law and Administra-tion was established by early 1961, and 160students were admitted to classes beginning on13 February 1961, after passing a qualifyingexamination.

OTHER CIVILIAN ACTIVITIES

In addition to the activities which fall underthe fields covered by the Consultative Group,two programmes of an emergency nature werecarried out in the period between July 1960 andJanuary 1961, one to alleviate the critical foodshortage in different parts of the country andthe second to reactivate public works projectswhich would absorb some of the growing num-ber of unemployed. These activities, and thework of a social affairs adviser attached to theMission, are described below.

Food Supply; Refugee Relief Programme. Aprogramme of emergency food supply wasinstituted by the Civilian Operations Mission asearly as 17 July 1960, when it became apparentthat breakdowns in the transport and marketingapparatus were leaving many communitiesthroughout the country with no assured supplyof food. The programme was administered by ateam (totalling six during the entire period)stationed in Leopoldville. Most of the food andmedical material distributed came to the UnitedNations in the form of donations from Membercountries, although it was necessary to sell someof the foodstuffs donated (with agreement bythe donor) to obtain materials suited to thelocal diet and available locally. Between Julyand 30 November 1960, almost 8 million poundsof food, milk and medical supplies were donatedby the Governments of Cameroun, Canada,Czechoslovakia, Denmark, France and the Com-munity, the Federal Republic of Germany, India,Japan, Pakistan, Switzerland, Tanganyika, theUnited Arab Republic, the United Kingdom,the United States, the USSR, and Yugoslavia.These were sent to distribution points in fiveprovinces where and as observers reported short-ages. A milk distribution programme was or-


ganized which, by the end of December, wasreaching 137,000 children in seven main areas.For this programme, the United States donatedmilk and the USSR sugar; distribution per-sonnel were provided by the Congolese RedCross. Funds for vehicles, milk station equip-ment and drivers were paid for from the UnitedNations Congo Fund.

In December 1960, responsibility for the milk-feeding programme was taken over by a repre-sentative of the United Nations Children's Fund(UNICEF), who had been assigned to theCongo to advise the Chief of Civilian Opera-tions on future programming in connexion withUNICEF assistance. The facilities of the emer-gency food supply programme—which, it hadbeen hoped, would be scaled off by this point—were directed almost entirely to help meet theproblem of the 300,000 refugees from tribalwarfare in South Kasai—a problem which wasreported to have become acute during Decem-ber 1960.

Although a majority of the supplies which theUnited Nations had sent out from July 1960onwards had been used in the areas of refugeeresettlement around Bakwanga, the condition ofthe refugees had deteriorated to the point wherean estimated 200 people a week were dying offamine. In response to the heightened emer-gency, the Civilian Operations Mission estab-lished a special Office of Refugee Relief Co-ordination.

In view of the wide response to informationon the famine in certain areas of the Congo,the Secretary-General established a FamineRelief Fund early in 1961. Voluntary contribu-tions for the specific purpose of providing relieffrom famine in the Congo were placed in thisFund.

As of 28 February 1961, donations totalling$166,850 had been received by the FamineRelief Fund. In addition, there were twoUNICEF allocations, totalling $411,000, avail-able for famine relief. These amounts hadlargely been disbursed for food purchases andrelated transportation costs.

Further, at the instance of the Secretary-General, FAO appealed to its member Govern-ments for contributions of food and seed. Dona-tions in kind included 10,000 tons of maize flour,12,000 tons of rice, 2,700 tons of fried fish, 900tons of powdered milk and 300 tons of various

other commodities. Voluntary organizations,such as the League of Red Cross Societies, col-lected funds specifically for Congo famine reliefwhich were disbursed directly by them in con-sultation with the Office of the Chief of CivilianOperations.

Working from its central office in Leopold-ville, and from a distribution centre establishedin Bakwanga, the Mission airlifted some 700tons of food (mainly maize, dried fish, palm oiland milk) into the area during the period be-tween 15 December 1960 and 25 January 1961.Although transport problems in the area madedistribution difficult, it was possible to keeprations at an adequate level.

As a second goal, to enable the refugees toharvest their own food crops as soon as possible,200 tons of maize seed, 100 tons of groundnutseed and 100 tons of bean seed were purchasedby the United Nations in other countries ofAfrica with the funds allocated by UNICEF.The Mission also began to provide agriculturalequipment with which to clear and preparesome 10,000 hectares of ground for planting.

This phase of aid to the refugees was super-vised by the Mission's agricultural experts, whilethe health team made substantial facilities avail-able to reinforce medical and hospital servicesfor the victims of malnutrition and disease. Asat the end of January 1961, deaths from faminehad already been reduced by 75 per cent andthe end of the most critical phase of the opera-tion was in sight.

Public Works. A series of public works pro-jects, based largely on construction suspendedbefore July 1960 and financed where necessaryby the United Nations, was recommended bythe Mission to combat the unemployment prob-lem throughout the Congo. Beginning in Sep-tember, groups of United Nations engineerswere sent to each of five provinces with the taskof surveying public works projects in consulta-tion with local officials. On the basis of theirreports, a list of possible undertakings wasdrawn up.

When the United Nations made an initial$500,000 available for the start of the unem-ployment relief programme, seven projects wereselected from the list—those offering a possibilityof employing the largest number of workers withthe least capital outlay, and those which might


have the most immediate impact on the econ-omy of the country.

A month later, the United Nations made an-other $630,000 available and, on 30 January1961, an additional $500,000 to assure the con-tinuance and/or expansion of these projectswhich—by the end of January 1961—were em-ploying a total of 4,000 workers. They weredivided among the provinces as follows:

(a) Equator Province. Drainage of low-lyingresidential areas in the town of Coquilhatville,which are flooded during the rainy season.Began January 1961; contract for 4.5 millionCongolese francs, to employ 200-500 workers,for about 8 months.

(b) Leopoldville Province. Swamp drainagein vicinity of capital city to reclaim land foragricultural production. Began October 1960;2,300 workers employed.

(c) Kasai Province. Three projects in Lulua-bourg: (i) water supply to Luluabourg airport;(ii) road works in Luluabourg communes; (iii)municipal maintenance of road works anddrainage. Began October 1960, with contractsfor 4.1 million Congolese francs; 1,000 workersemployed.

(d) Kivu Province. Roads and drainage inBukavu—although continuing, affected andhandicapped by political developments.

(e) Orientale Province. Farm resettlementproject which has also been proceeding slowly,but with difficulty, as a result of political condi-tions.

The difficulties experienced in the easternprovinces and the general lack of security forthe engineers whose exploratory work oftenbrought them into unprotected areas acted tokeep United Nations participation in the publicworks programme at a lower level than original-ly planned. The original list of projects preparedby the Civilian Operations Mission was, how-ever, ready for implementation at a time whenconditions permitted.

Social Affairs. From September 1960 on-wards, a social affairs adviser worked with theGovernment Ministry. He found that littleexisted in the way of a permanent foundationfor social programmes and that, with the de-parture of many of the former social workers,there was little staff with which to work. Hestudied the modest start that had been madeon community development and the acute prob-lems that existed in the low-cost housing sphere.He helped the Central authorities to draw upa tentative programme of work and made studytrips to the provinces at the invitation of localofficials.


SECURITY COUNCIL, meetings 873, 879, 886.

S/4383. Tunisia: draft resolution.S/4387. Resolution, as submitted by Tunisia, S/4383,

adopted by Council on 13 July 1960, meeting 873,by 8 votes to O, with 3 abstentions.(For text of resolution and other documentation

pertaining to it, see above, DOCUMENTARY REFER-ENCES, p. 97.)S/4404. Ceylon and Tunisia: draft resolution.S/4405. Resolution, as submitted by Ceylon and Tu-

nisia, S/4404, and with one paragraph deleted bysponsors as redundant, adopted unanimously byCouncil on 22 July 1960, meeting 879.

[Excerpt: Operative Paragraph 4;"The Security Council . . ."4. Invites the specialized agencies of the United

Nations to render to the Secretary-General such assist-ance as he may require; . . ."]

(For full text of resolution, and other documenta-tion pertaining to it, see above, DOCUMENTARY REFER-ENCES, p. 97.)

S/4426. Resolution, as submitted by Ceylon and Tu-

nisia, adopted by Council on 9 August 1960, meet-ing 886, by 9 votes to O, with 2 abstentions.

[Excerpt: Operative Paragraphs 5 and 6:"The Security Council . . ."5. Calls upon all Member States, in accordance

with Articles 25 and 49 of the Charter of the UnitedNations, to accept and carry out the decisions ofthe Security Council and to afford mutual assistancein carrying out measures decided upon by the Council;

"6. Requests the Secretary-General to implementthis resolution and to report further to the Councilas appropriate."]

(For full text of resolution, and other documenta-tion pertaining to it, see above, DOCUMENTARY REFER-ENCES, p. 98.)

S/4389/Add.3. First report by Secretary-General onimplementation of Security Council resolutionS/4387 of 14 July 1960, addendum 3.

S/4389/Add.5. First report by Secretary-General onimplementation of Security Council resolutionS/4387 of 14 July 1960, addendum 5, para. 4.

S/4417/Add.5. Second report by Secretary-General onimplementation of Security Council resolutions


S/4387 of 14 July 1960 and S/4405 of 22 July1960. Addendum 5: Memorandum by Secretary-General on organization of United Nations CivilianOperations in Republic of Congo.

S/4482. Fourth report by Secretary-General on imple-mentation of Security Council resolutions S/4387of 14 July 1960, S/4405 of 22 July 1960, andS/4426 of 9 August 1960.

GENERAL ASSEMBLY——FOURTH EMERGENCY SPECIAL

SESSION

Plenary Meeting 863.

A/L.292/Rev.1. Ceylon, Ethiopia, Ghana, Guinea,Indonesia, Iraq, Jordan, Lebanon, Liberia, Libya,Morocco, Nepal, Saudi Arabia, Sudan, Tunisia,United Arab Republic, Yemen: draft resolution.

RESOLUTION 1474(ES-IV), as submitted by 17 powers,A/L.292/Rev.1, adopted by Assembly on 20 Sep-tember 1960, meeting 863, by roll-call vote of 70votes to O, with 11 abstentions.(For details on roll-call vote, and other documenta-

tion pertaining to resolution, see above, DOCUMENTARYREFERENCES, pp. 99-100.)

[Excerpts: Preamble and Operative Paragraph 4:"The General Assembly,"Having considered the situation in the Republic

of the Congo,"Taking note of the resolutions of 14 July, 22 July

and 9 August 1960 of the Security Council,"Taking into account the unsatisfactory economic

and political conditions that continue in the Republicof the Congo,

"Considering that, with a view to preserving theunity, territorial integrity and political independenceof the Congo, to protecting and advancing the wel-fare of its people, and to safeguarding international

peace, it is essential for the United Nations to con-tinue to assist the Central Government of the Congo

"4. Appeals to all Member Governments for ur-gent voluntary contributions to a United Nations Fundfor the Congo to be used under United Nations controland in consultation with the Central Government forthe purpose of rendering the fullest possible assistanceto achieve the objective mentioned in the preamble.. . ."]

(For full text of resolution, see above, DOCUMENT-ARY REFERENCES, pp. 99-100.)

OTHER DOCUMENTSSECURITY COUNCILS/4531 and Corr.1, 2. First progress report to Secre-

tary-General from his Special Representative inCongo, Ambassador Rajeshwar Dayal. Part IV:Civilian Operations.

SECURITY COUNCIL AND GENERAL ASSEMBLYS/4557 (A/4557), Part A. Second progress report to

Secretary-General from Special Representative inCongo, Ambassador Rajeshwar Dayal. Part VIII:Civilian Operations.

PROGRESS REPORTSFifth (cumulative) progress report, dated 5 November

1960, on United Nations Civilian Operations inCongo.

Sixth progress report, dated 5 December 1960, onUnited Nations Civilian Operations in Congo.

Seventh progress report, dated 5 January 1961, onUnited Nations Civilian Operations in Congo.

Eighth progress report, dated 31 January 1961, onUnited Nations Civilian Operations in Congo.

Ninth progress report, dated 28 February 1961, onUnited Nations Civilian Operations in Congo.

FINANCING OF THE UNITED NATIONS OPERATIONS IN THE CONGO

FINANCING FOR THE PERIOD14 JULY-31 DECEMBER 1960

On 5 December 1959, the General Assemblyadopted a resolution (1444(XIV) ),12 on un-foreseen and extraordinary expenses in 1960,authorizing the Secretary-General to enter intocommitments, not exceeding $2 million, for themaintenance of peace and security or urgenteconomic rehabilitation. Since it was foreseenthat implementation of the Security Council'sresolution of 14 July 1960 on the situation inthe Congo would involve commitments consid-erably in excess of that amount, the Secretary-General, on 14 July 1960, sought the concur-rence of the General Assembly's AdvisoryCommittee on Administrative and BudgetaryQuestions for authority to incur commitmentsfor ONUC above that limit.

On 18 July 1960, the Advisory Committeeconcurred in the Secretary-General's request andfixed, subject to its review in September 1960,an upper limit of $15 million for such com-mitments.

On 10 August, the Secretary-General informedthe Advisory Committee that, in the light ofdevelopments subsequent to the Committee'sinitial authorization of 18 July, a more realisticupper limit for such commitments, prior to ap-propriate financial action by the General Assem-bly, would be $40 million. On 15 September1960, the Committee agreed to the incurring ofcommitments of up to $40 million in connexionwith ONUC.

Budget estimates for the United Nations activ-ities in the Congo for the period July—Decem-

12 See Y.U.N., 1959, p. 428.

. .. .


ber 1960 were submitted by the Secretary-General to the General Assembly on 24 October1960. These estimates, totalling $66,625,000,provided for the organization, operation andmaintenance during 1960 of a United NationsForce in the Congo totalling 20,000 men, as wellas for the expenses of the Office of the PersonalRepresentative of the Secretary-General, theSupreme Commander and his General Staff, theOffice of the Chief of the United Nations Civil-ian Operation and his Consultative Group, andthe international and locally recruited civilianstaff assisting the Force. The estimates did not,however, cover the cost of international finan-cial aid to be provided for the purpose of restor-ing the economic life of the Congo and forcarrying on its public services, including educa-tion, health and public security, since these wereto be financed from voluntary contributions tothe United Nations Fund for the Congo estab-lished pursuant to General Assembly resolution1474(ES-IV) of 20 September 1960.

In presenting these estimates, the Secretary-General pointed out that the costs to be financedby the United Nations might be appreciablyreduced if Governments which furnished specialservices and facilities to the Force, particularlyin the form of the airlifting of troops, equipmentand supplies, decided that the provision of suchservices would be, either in whole or in part,without charge to the United Nations.

The Secretary-General also expressed thehope that, in view of the magnitude of theONUC expenses, it would be possible for someGovernments to make generous voluntary con-tributions to defray a part of the costs involved,or that other means might be found to mitigatethe effect of the additional assessments on Gov-ernments having the least capacity to pay. Healso pointed out that it would be necessary toexercise the authority granted to him by theGeneral Assembly by resolution 1448 (XIV) on3 December 195913 to borrow cash from specialfunds and accounts in his custody to financeONUC expenditures pending the receipt of1961 assessments, and suggested that the Gen-eral Assembly might wish to authorize him alsoto borrow at current rates of interest from otheravailable sources.

In a report, dated 18 November 1960, on theSecretary-General's ONUC budget estimates for

1960, the Advisory Committee on Administra-tive and Budgetary Questions recommended thatthe total 1960 requirements should be held to$60 million. The Committee expressed the beliefthat the favourable outcome of negotiationswith Governments on reimbursements due tothem, including payments in respect of the initialairlifts, would make it possible to confine actualnet obligations and expenditures in 1960 to asubstantially lower figure.

The Fifth Committee of the General Assemblyconsidered the estimates in the course of 15meetings held between 29 November and 15 De-cember 1960. During these meetings, the repre-sentatives of Canada, the USSR, the UnitedKingdom and the United States announcedvoluntary contributions and/or waivers of reim-bursement which their Governments were pre-pared to make.

During the discussions in the Fifth Commit-tee, various methods of financing the ONUCoperation were proposed. It was suggested,variously, that the expenses should: (1) be in-cluded in the regular budget of the UnitedNations and apportioned among the Memberstates in accordance with the 1960 scale ofassessments for Member's contributions; (2) beentered in a special account and apportionedamong the Member states in accordance withthe 1960 scale of assessments for Members' con-tributions to the regular budget, voluntary con-tributions being applied, on the request of theMember state concerned, to reducing the assess-ments of Members with the least capacity topay; (3) be met under special agreements con-cluded, in accordance with Article 43 of theUnited Nations Charter, between the SecurityCouncil and the countries providing troops; (4)be borne for the greater part by the permanentmembers of the Security Council, as having amajor responsibility for the maintenance ofpeace and security; (5) be borne for the greaterpart by the former administering power; or (6)be financed entirely out of voluntary contribu-tions.

Some representatives stated the intention oftheir Governments not to contribute to any partof the expenses connected with the United Na-tions activities in the Congo, which, in their

13

See Y.U.N., 1959, p. 429.


opinion, ran counter to the decisions of theSecurity Council and the General Assembly andwere therefore illegal.

On 15 December 1960, on the basis of arevised proposal by Pakistan, Senegal andTunisia, the Fifth Committee approved by aroll-call vote of 41 to 15, with 25 abstentions,a draft resolution on the ONUC estimates for1960. This was subsequently adopted at a plen-ary meeting of the Assembly on 20 December,by 46 votes to 17, with 24 abstentions, as reso-lution 1583 (XV).

The General Assembly thereby recognizedthat the expenses involved in the United Nationsoperations in the Congo for 1960 constituted"expenses of the Organization" within the mean-ing of Article 17, paragraph 2, of the Charter,and that the assessment thereof against Memberstates created binding legal obligations on suchstates to pay their assessed shares. It noted withappreciation the willingness of certain Membersnot to request reimbursement for the cost ofair transport facilities they had provided to movetroops and supplies to the Congo, and that addi-tional financial assistance had been pledgedvoluntarily which would enable a reduction tobe made in the level of assessment of thoseMembers having the least capacity to pay.Among other things, the Assembly decided to es-tablish an ad hoc account for the expenses of theUnited Nations in the Congo; it approved theAdvisory Committee's recommendation that thetotal 1960 requirements should be held to $60million, noted that the waiver of airlift costsannounced by certain Governments would re-duce the level of expenses to the amount of$48.5 million, and decided that this amountshould be apportioned among the Memberstates on the basis of the regular scale of assess-ment subject to reductions, within the amountof voluntary contributions, of up to 50 per centfor Member states which were admitted duringthe fifteenth session of the General Assemblyand for other states which received assistanceduring 1960 under the Expanded Programmeof Technical Assistance. The resolution alsocalled upon the former administering power ofthe Republic of the Congo (Leopoldville) tomake a substantial contribution in order that itcould be applied to reduce further the assess-ment of the Member states referred to above.

Actual expenditures during 1960 for ONUC,including unliquidated obligations, totalled$48,432,153 and the unencumbered balance, asat 31 December 1960, was $67,847. The Secre-tary-General, in his financial report for the yearended 31 December 1960, indicated that itwould be possible to remain within the totallevel of $48.5 million approved by the GeneralAssembly only if reimbursements to Govern-ments for their extra costs in 1960, for whichfew claims had thus far been received, did notexceed approximately $8.3 million.

FINANCING FOR THE PERIODFROM 1 JANUARY 1961

On 17 December 1960, the Secretary-General,in a note to the Assembly's Fifth Committee,referred to the authorizations and requests forhim to take action to assist the Central Govern-ment of the Congo contained in the SecurityCouncil resolutions of 14 and 22 July and 9August 1960 and General Assembly resolution1474(ES-IV) of 20 September 1960, and re-minded the Committee that no provision had yetbeen made for financing the costs of the UnitedNations activities in the Congo after 31 De-cember 1960.

The Secretary-General recalled his statementof 21 November 1960 to the Fifth Committeein which he had indicated that, in 1961, monthlyrequirements for financing ONUC would beperhaps of the order of $10 million monthly forsuch period as the Force and its supportingservices must be maintained at their existingstrength. He added that the immediate cashrequirements during the first few months of1961 might not, however, exceed $8 million permonth if, as might be anticipated, there wassome delay in the submission and settlementof claims from Governments for reimbursementof extra and extraordinary costs arising fromtheir participation in ONUC.

To give him the requisite financial authoriza-tion to carry out during 1961 the responsibilityplaced on him by these resolutions of the Secu-rity Council and the General Assembly, theSecretary-General suggested that the Assembly,pending action at the second part of its fifteenthsession (due to resume on 7 March 1961),should authorize him to enter into such com-mitments as were necessary for the maintenance


and operations of the Force after 31 December1960.

The Secretary-General undertook to submitestimates for the continuing costs of maintainingONUC as soon as these could be established ona reasonably reliable basis.

On 19 December 1961, after considering theSecretary-General's note, the Fifth Committeeapproved a draft resolution on the subject by 26votes to 9, with 26 abstentions, on the basis of aproposal by Pakistan, Senegal and Tunisia, asamended by Venezuela and the United ArabRepublic. It was subsequently adopted at aplenary meeting of the Assembly on 20 Decem-ber 1960 by a roll-call vote of 39 to 11, with 44abstentions, as resolution 1590 (XV).

The General Assembly thereby decided togive urgent consideration at the second part ofits fifteenth session to the financing of suchcosts as might be incurred in 1961 in respectof the United Nations operations in the Congo.It also requested the Secretary-General to sub-mit cost estimates for the operations in questionnot later than 1 March 1961, and authorizedhim, pending action by the Assembly at itsresumed fifteenth session, to incur commitmentsin 1961 for ONUC up to a total of $24 millionfor the period 1 January to 31 March 1961.

Pursuant to this resolution, the Secretary-General submitted budget estimates to the Gen-eral Assembly on 1 March 1961 for the UnitedNations operations in the Congo for 1961 total-ling $135 million. He pointed out that the esti-mates must be regarded as tentative in view ofthe unstable political, economic and militarysituation then prevailing in many parts of theCongo and the new mandate in the SecurityCouncil's resolution of 21 February 1961 whichhad required substantial adjustments in previousassumptions regarding the size, composition andoperations of the Force.

In his report the Secretary-General recalledthe limited authority granted under the Assem-bly's resolution (1590 (XV)) of 20 December1960 to incur commitments for ONUC up to atotal of $24 million for the period 1 January to31 March 1961 and indicated it had only beenpossible to meet these and other commitmentsof the Organization by recourse to borrowingfrom special accounts in the custody of theSecretary-General. He stated that the need fora solution to secure adequate financing of the

costs of ONUC up to the limit of any newauthorization was therefore essential and urgent.

In a report of 21 March 1961 on the esti-mates, the Assembly's Advisory Committee onAdministrative and Budgetary Questions, callingattention to particular areas of expense wheresavings appeared possible, stated its belief thatthe costs of ONUC for the full year 1961 mightbe held to a total not exceeding $120 million,of which $100 million would represent operatingcosts incurred by the United Nations and $20million the reimbursement of extra and extra-ordinary costs incurred by Governments provid-ing contingents to ONUC.

The Advisory Committee observed that, whileit had examined the estimates on the assump-tion that provision for the full year was in-tended, the Assembly might wish to limit theappropriation action at that stage to fundsrequired for the period until the sixteenth ses-sion of the Assembly (due to begin in September1961).

The Assembly's Fifth Committee consideredthe 1961 estimates in respect of the United Na-tions operations in the Congo at 21 meetingsheld between 24 March and 20 April 1961.

The competence of the General Assembly toconsider the estimates was questioned by somedelegations on the ground that United Nationsoperations in the Congo represented action forthe maintenance of peace and security, a matterexclusively within the competence of the Secu-rity Council under the Charter. The provisionsof Articles 11, 43 and 48 of the Charter werespecifically cited in this regard, and, at therequest of the USSR representative, a statementsetting out these arguments was circulated as adocument of the Committee. Representativesraising these questions stated that their Govern-ments would not consider themselves bound byany decision taken by the General Assembly toapportion the costs of ONUC.

Other delegations maintained that ONUChad been established by the Security Counciland that the General Assembly was now proper-ly seized of the whole question of the UnitedNations operations in the Congo and that theAssembly was, in any case, the only body withpower to appropriate funds and apportion ex-penses among the Members.

Several delegations referred to the difficultyof analysing and considering the estimates, given


the nature of the costs involved, and emphasizedthat the approval of the estimates for the finan-cial year 1961 or any particular future portiontherefore could not be considered as a prejudge-ment of the duration, nature and scale of theoperations.

The Fifth Committee, however, devoted mostof its attention to the means of financing thecosts of the operations.

1961 COST ESTIMATES AND FINANCING(DECISION OF 3 APRIL 1961)

On 30 March 1961, the Fifth Committee con-sidered the question of the expiration on 31March 1961 of the expenditure authorizationcontained in General Assembly resolution 1590(XV), and approved by 38 votes to 9, with 29abstentions, a draft resolution submitted byIndia, with a Venezuelan oral amendmentaccepted by the sponsor. It was adopted at aplenary meeting of the Assembly on 3 April1961 by 51 votes to 10, with 22 abstentions, asresolution 1595 (XV). The Assembly, recogniz-ing that the question of the 1961 cost estimatesfor ONUC and the financing of these operationswas currently under consideration, thereby au-thorized the Secretary-General, pending actionby the General Assembly at its resumed fifteenthsession and without prejudice to such action,to continue until 21 April 1961 to incur com-mitments for the United Nations operations inthe Congo at a level not to exceed $8 millionper month.

On 20 April, the Fifth Committee, after hav-ing considered a series of draft resolutions andamendments which were submitted during meet-ings held between 3 and 20 April 1961, ap-proved two draft resolutions.


The first resolution, which dealt with ONUC1961 cost estimates and financing, was submittedoriginally by Pakistan and Tunisia and in arevised form by Pakistan, Tunisia, Ghana andLiberia. Amendments to the revised resolutionwere submitted jointly by Argentina, Bolivia,Chile, Colombia, Costa Rica, Ecuador, El Sal-vador, Honduras, Mexico, Panama, Paraguay,Peru, Uruguay and Venezuela, and separatelyby India. The draft resolution, as a whole, asamended, was approved by the Committee by a

roll-call vote of 43 to 26, with 14 abstentions. Itwas subsequently adopted, as further amended,at a plenary meeting of the Assembly on 21April 1961 by a roll-call vote of 54 to 15, with23 abstentions, as resolution 1619 (XV).

By this resolution, the General Assembly,bearing in mind that the extraordinary expensesfor the United Nations operations in the Congowere essentially different in nature from the ex-penses of the Organization under the regularbudget and that therefore a procedure differentfrom that applied in the case of the regularbudget was required for meeting these extra-ordinary expenses, also bearing in mind that thepermanent members of the Security Council hada special responsibility for the maintenance ofinternational peace and security, and notingwith appreciation the intention declared by cer-tain Member states to make substantial volun-tary contributions, decided to: (1) open an adhoc account for the expenses of the UnitedNations operations in the Congo for 1961; (2)approve the recommendations of the AdvisoryCommittee on Administrative and BudgetaryQuestions; (3) appropriate an amount of $100million for the operations of the United Nationsin the Congo from 1 January to 31 October1961; (4) apportion as expenses of the Organi-zation the amount of $100 million among theMember states in accordance with the scale ofassessment for the regular budget, except thatassessment of Member states whose contributionsto the regular budget range from 0.04 per centto 0.25 per cent and Member states receivingassistance during 1960 under the ExpandedProgramme of Technical Asssistance, whose con-tributions to the regular budget ranged from 0.26per cent to 1.25 per cent inclusive, be reduced by80 per cent and the assessment of Member statesreceiving assistance during 1960 under the Ex-panded Programme of Technical Assistance,whose contributions to the regular budget were1.26 per cent and above, be reduced by 50 percent, pending the establishment of a differentscale of assessment to defray the extraordinaryexpenses of the Organization resulting fromthese operations.

The resolution further urged the permanentmembers of the Security Council to make siz-able additional contributions; appealed to allother Member states, who were in a position toassist, to make voluntary contributions; called


upon the Government of Belgium, a state direct-ly concerned with the situation in the Republicof the Congo (Leopoldville), to make a substan-tial contribution; it was decided to apply theseadditional contributions of Member states tooffset the deficit resulting from the implementa-tion of the authorized reductions in the assess-ments of certain Member states.

ADMINISTRATIVE AND BUDGETARY

PROCEDURES OF UNITED NATIONS

The second draft resolution, which dealt withthe examination of the administrative and budg-etary procedures of the Organization, was sub-mitted to the Fifth Committee by Canada andamendments to it were submitted jointly byColombia, Mexico, Peru and Venezuela. Thedraft resolution, as amended, was approved bythe Committee by a roll-call vote of 26 to 24,with 29 abstentions. It was adopted, with thedeletion of two preambular paragraphs, at aplenary meeting of the Assembly on 21 Aprilby a roll-call vote of 44 to 13, with 32 absten-tions, as resolution 1620 (XV).

By the preamble to this text, the Assembly,having in mind that among the main purposesof the United Nations were the maintenanceof international peace and security, the pacificsettlement of disputes and international eco-nomic and social co-operation with a view tothe creation of conditions of stability and well-being necessary for peaceful and friendly rela-tions among nations, recognized that in orderto fulfil these purposes the United Nations musthave at its disposal adequate financial resourcesand generally recognized procedures for dealingwith the financial problems resulting from activ-ities undertaken by the Organization. It alsoexpressed the beliefs: that, with the continuinggrowth and development of the United Nations,increasing demands would be made on the Orga-nization in the fulfilment of its purposes; andthat in these circumstances it would be appro-priate to review the administrative and budget-

ary questions relating to the expenditures of theUnited Nations.

By the operative part of the resolution, theAssembly: (1) decided to place on the provi-sional agenda of its sixteenth session, as a matterof prime importance and urgency, the questionof the administrative and budgetary proceduresof the United Nations, including methods forcovering the cost of peace-keeping operations,and the relationship between such methods andthe existing administrative and budgetary proce-dures of the Organization; (2) requested itsPresident to appoint a working group of 15Member states—the permanent members of theSecurity Council, two states from Africa, twofrom Asia, two from Latin America, two fromWestern Europe, one from Eastern Europe andone from the Commonwealth—to consider thesepoints in consultation with the Assembly's Advi-sory Committee on Administrative and Budget-ary Questions and the Assembly's Committeeon Contributions, and to report in good timefor its sixteenth session; (3) requested the Ad-visory Committee, in assisting the workinggroup, to consider what improvements might berequired in the existing administrative andbudgetary procedures of the United Nations andany other measures to ensure the financial stabil-ity of the Organization; (4) requested Memberstates to submit, not later than 1 July 1961, forconsideration by the working group, observa-tions on principles to be applied in determininga special scale of assessments for peace andsecurity, and on other matters relevant to itsstudy; and (5) decided to refer to its sixteenthsession all relevant documentation for considera-tion under this item.

As requested by this resolution, the Presidentof the General Assembly appointed a workinggroup, consisting of Brazil, Bulgaria, Canada,China, France, India, Italy, Japan, Mexico,Nigeria, Sweden, the USSR, the United ArabRepublic, the United Kingdom and the UnitedStates.


FINANCING FOR THE PERIOD14 JULY-31 DECEMBER 1960


Fifth Committee, meetings 803, 805-809, 811-813,815-819.

Plenary Meeting 960.

A/C.5/836. Report by Secretary-General.A/4580. Report of Advisory Committee on Adminis-

trative and Budgetary Questions.A/C.5/837. Note verbale of 26 October 1960 from

USSR.A/C.6/L.638 and Rev.1. Pakistan, Senegal, Tunisia:

draft resolution and revision, adopted by Fifth

Committee on 15 December 1960, meeting 819, byroll-call vote of 45 to 15, with 25 abstentions, asfollows:In favour: Argentina, Australia, Austria, Bolivia,Brazil, Burma, Canada, Congo (Brazzaville), Congo(Leopoldville), Cyprus, Dahomey, Denmark, Ecua-dor, El Salvador, Federation of Malaya, Finland,Ghana, Greece, Haiti, Honduras, Iran, Ireland,Israel, Italy, Japan, Liberia, Luxembourg, Nether-lands, New Zealand, Niger, Nigeria, Norway, Paki-stan, Panama, Peru, Senegal, Somalia, Sudan,Sweden, Thailand, Tunisia, Turkey, United King-dom, United States, Uruguay.Against: Albania, Bulgaria, Byelorussian SSR,Czechoslovakia, Hungary, Iraq, Lebanon, Poland,Portugal, Romania, Saudi Arabia, Ukrainian SSR,USSR, United Arab Republic, Yemen.Abstaining: Afghanistan, Belgium, Cambodia,Cameroun, Ceylon, Chad, Chile, China, Colombia,Costa Rica, Cuba, France, Guatemala, Guinea,India, Indonesia, Madagascar, Mexico, Morocco,Philippines, Spain, Togo, Union of South Africa,Venezuela, Yugoslavia.

A/C.5/L.639. Ireland, Liberia, Sweden: draft reso-lution.

A/C.5/L.642. Poland: amendments to 3-power reviseddraft resolution, A/C.5/L.638/Rev.1.

A/4676. Report of Fifth Committee.RESOLUTION 1583(xv), as submitted by Fifth Com-

mittee, A/4676, adopted by Assembly on 20 De-cember 1960, meeting 960, by 46 votes to 17, with24 abstentions.

"The General Assembly,"Recalling the Security Council resolutions of 14

July 1960, 22 July 1960 and 9 August 1960, andGeneral Assembly resolution 1474(ES-IV) of 20 Sep-tember 1960,

"Having considered the report of the Secretary-General on the estimated cost of the United Nationsoperations in the Congo from 14 July to 31 December1960 and the report of the Advisory Committee onAdministrative and Budgetary Questions thereon,

"Recognizing that the expenses involved in theUnited Nations operations in the Congo for 1960constitute 'expenses of the Organization' within themeaning of Article 17, paragraph 2, of the Charterof the United Nations and that the assessment thereofagainst Member States creates binding legal obliga-tions on such States to pay their assessed shares,

"Recognizing that, in addition to the expenses forthe regular and continuing activities of the Organiza-tion, the extraordinary expenses arising from theUnited Nations operations in the Congo will place asevere strain on the limited financial resources of anumber of Member States,

"Noting with appreciation the willingness of certainMembers not to request reimbursement for the costof air-transport facilities they have provided to movetroops and supplies to the Congo,

"Noting also with appreciation that additional finan-cial assistance in a substantial amount has alreadybeen pledged voluntarily and will enable a reduction

125to be made in the level of assessment of those Mem-bers having the least capacity to pay,

"1. Decides to establish an ad hoc account for theexpenses of the United Nations in the Congo;

"2. Approves the recommendation of the AdvisoryCommittee on Administrative and Budgetary Ques-tions contained in paragraph 18 of its report;

"3. Notes that the waiver of airlift costs announcedby certain Governments will reduce the level of ex-penses from the amount of $60 million recommendedby the Advisory Committee on Administrative andBudgetary Questions to the amount of $48.5 million;

"4. Decides that the amount of $48.5 million shallbe apportioned among the Member States on the basisof the regular scale of assessment, subject to the pro-visions of paragraph 5 below;

"5. Decides further that the voluntary contribu-tions already announced, in addition to those referredto in paragraph 3 above, shall be applied, at therequest of the Member State concerned made priorto 31 March 1961, to reduce by up to 50 per cent:

"(a) The assessment that the Member Stateswhich were admitted during the fifteenth session ofthe General Assembly are required to pay for thefinancial year 1960 in accordance with Assembly reso-lution 1552 (XV) of 18 December 1960;

"(b) The assessment of all other Member Statesreceiving assistance during 1960 under the ExpandedProgramme of Technical Assistance, commencing withthose States assessed at the minimum of 0.04 per centand then including, in order, those States assessed atthe next highest percentages until the total amount ofthe voluntary contributions has been fully applied;

"6. Calls upon the former administering Power ofthe Republic of the Congo (Leopoldville) to make asubstantial contribution, such a contribution to beapplied to reduce further proportionally the assess-ment of Member States affected by the provisions ofparagraph 5 (a) and (b) above."

FINANCING FOR PERIODFROM 1 JANUARY 1961

(1 JANUARY-31 MARCH 1961)

GENERAL ASSEMBLY—15TH SESSIONFifth Committee, meeting 824.Plenary Meeting 960.

A/C.5/840. Letter of 8 November 1960 from UnitedKingdom.

A/C.5/856. Note by Secretary-General.A/C.5/L.655. Pakistan, Senegal, Tunisia: draft reso-

lution, as amended orally by Venezuela and UnitedArab Republic, adopted by Fifth Committee on 19December 1960, meeting 824, by 26 votes to 9,with 26 abstentions.

A/4681. Report of Fifth Committee.RESOLUTION 1590(xv), as submitted by Fifth Com-

mittee, A/4681, adopted by Assembly on 20 Decem-ber 1960, meeting 960, by roll-call vote of 39 to 11,with 44 abstentions, as follows:In favour: Argentina, Australia, Austria, Brazil,Canada, Chile, China, Colombia, Congo (Leopold-



ville), Denmark, Federation of Malaya, Finland,Gabon, Greece, Iceland, Iran, Ireland, Israel, Italy,Japan, Liberia, Luxembourg, Netherlands, NewZealand, Nicaragua, Norway, Pakistan, Panama,Paraguay, Portugal, Senegal, Sudan, Sweden, Thai-land, Tunisia, Turkey, United Kingdom, UnitedStates, Uruguay.Against: Albania, Bulgaria, Byelorussian SSR,Czechoslovakia, Guinea, Hungary, Morocco, Poland,Romania, Ukrainian SSR, USSR.Abstaining: Afghanistan, Belgium, Bolivia, Burma,Cambodia, Central African Republic, Ceylon, Chad,Cuba, Cyprus, Dahomey, Dominican Republic,Ecuador, El Salvador, Ethiopia, France, Ghana,Guatemala, Haiti, Honduras, India, Indonesia,Iraq, Ivory Coast, Jordan, Laos, Lebanon, Libya,Madagascar, Mexico, Nepal, Niger, Nigeria, Peru,Philippines, Saudi Arabia, Somalia, Spain, Togo,Union of South Africa, United Arab Republic,Venezuela, Yemen, Yugoslavia.

"The General Assembly,"Noting that its resolution 1583(XV) of 20 Decem-

ber 1960 provides for the financing of the UnitedNations operations in the Congo for the period from14 July to 31 December 1960 in an amount of $48.5million and establishes an ad hoc account for thatpurpose,

"Having been informed by the Secretary-Generalthat, if continued at their present level into 1961, suchoperations may be expected to involve expenditures ofupwards of $8 million a month,

"1. Decides that, at its resumed fifteenth session,it shall give urgent consideration to the financing ofsuch costs as may be incurred in 1961 in respect of theUnited Nations operations in the Congo;

"2. Requests the Secretary-General to submit costestimates for the operations in question as early aspossible and not later than 1 March 1961;

"3. Authorizes the Secretary-General, pending ac-tion by the General Assembly at its resumed fifteenthsession and with the observance of the maximum pos-sible economy in expenditures, to incur commitmentsin 1961 for the United Nations operations in theCongo up to the total of $24 million for the periodfrom 1 January to 31 March 1961."

A/C.5/L.660. Progress report on United Nations Fundfor Congo. Note by Secretary-General.


GENERAL ASSEMBLY—15TH SESSIONFifth Committee, meetings 825-837.Plenary Meeting 973.

A/4703. Report of Secretary-General.A/4713. Report of Advisory Committee on Adminis-

trative and Budgetary Questions.A/C.5/860. Statement by USSR read at meeting 825,

24 March 1961.A/C.5/L.657. India: draft resolution, as orally

amended by Venezuela, adopted by Fifth Commit-

tee on 30 March 1961, meeting 829, by 38 votesto 9, with 23 abstentions.

A/4719. Interim report of Fifth Committee, contain-ing draft resolution.

A/L.338. Resolution recommended by Fifth Com-mittee.

RESOLUTION 1595(xv), as recommended by FifthCommittee (A/4719, A/L.338) adopted by Assem-bly on 3 April 1961, meeting 973, by 51 votes to 10,with 22 abstentions.

"The General Assembly,"Recognizing that the question of the 1961 cost

estimates for the United Nations operations in theCongo and the financing of these operations is cur-rently under consideration,

"Authorizes the Secretary-General, pending actionby the General Assembly at its resumed fifteenth ses-sion and without prejudice to such action, to continueuntil 21 April 1961 to incur commitments for theUnited Nations operations in the Congo at a level notto exceed $8 million per month."



A/C.5/L.660. Progress report on United Nations Fundfor Congo. Note by Secretary-General.

A/C.5/862. Statement by Mexico on 13 April 1961,meeting 837.

A/C.5/863. Statement by India on 14 April 1961,meeting 838.

A/C.5/864, A/C.5/867. Statements by Secretary-General on 17 April 1961, meeting 839, and 20April 1961, meeting 845.

A/C.5/868. Statement by Mexico on 20 April 1961,meeting 845.

A/C.5/L.658 and Corr.1. Argentina, Bolivia, Brazil,Chile, Colombia, Costa Rica, Ecuador, El Salvador,Guatemala, Haiti, Honduras, Mexico, Nicaragua,Panama, Paraguay, Peru, Uruguay, Venezuela:draft resolution.

A/C.5/L.663. Pakistan and Tunisia: draft resolution.A/C.5/L.663/Rev.1. Ghana, Liberia, Pakistan, Tu-

nisia: revised draft resolution, as amended by14-powers (A/C.5/L.667) and by India (A/C.5/L.665/Rev.1) adopted by Fifth Committee on 20April 1961, meeting 845, by roll-call vote of 43 to26, with 14 abstentions, as follows:In favour: Australia, Austria, Cameroun, Canada,Central African Republic, Ceylon, Chad, Congo(Brazzaville), Congo (Leopoldville), Cyprus, Den-mark, Ethiopia, Federation of Malaya, Finland,Ghana, Greece, Guatemala, Iran, Ireland, Israel,Italy, Japan, Laos, Lebanon, Liberia, Libya, Luxem-bourg, Nepal, Netherlands, New Zealand, Nigeria,Norway, Pakistan, Senegal, Somalia, Sweden, Thai-land, Tunisia, Turkey, United Kingdom, UnitedStates, Upper Volta, Uruguay.Against: Albania, Argentina, Belgium, Bolivia,

Brazil, Bulgaria, Byelorussian SSR, Chile, Colombia,Costa Rica, Czechoslovakia, Ecuador, El Salvador,Honduras, Hungary, Mexico, Panama, Paraguay,Peru, Poland, Portugal, Romania, Spain, UkrainianSSR, USSR, Venezuela.Abstaining: Afghanistan, Burma, Cambodia, China,France, Haiti, India, Indonesia, Iraq, Philippines,Sudan, Union of South Africa, United Arab Re-public, Yugoslavia.

A/C.5/L.665 and Rev.1. India: amendments to 2-power draft resolution, A/C.5/L.663 and revisedamendments to 4-power draft resolution, A/C.5/L.663/Rev.1.

A/C.5/L.667. Argentina, Bolivia, Chile, Colombia,Costa Rica, Ecuador, El Salvador, Honduras, Mex-ico, Panama, Paraguay, Peru, Uruguay, Venezuela:amendments to 4-power draft resolution A/C.5/L.663/Rev.1.

A/4740. Report of Fifth Committee, draft resolution I.RESOLUTION 1619(xv), as submitted by Fifth Com-

mittee, A/4740, and as amended orally by Ghana,Liberia, Pakistan and Tunisia, adopted by Assemblyon 21 April 1961, meeting 995, by roll-call vote of54-15, with 23 abstentions, as follows:In favour: Australia, Austria, Burma, Canada, Cen-tral African Republic, Ceylon, Chad, Colombia,Congo (Leopoldville), Cyprus, Dahomey, Denmark,El Salvador, Ethiopia, Federation of Malaya, Fin-land, Ghana, Greece, Guatemala, Iceland, India,Iran, Ireland, Israel, Italy, Ivory Coast, Japan,Laos, Lebanon, Liberia, Libya, Luxembourg, Mada-gascar, Nepal, Netherlands, New Zealand, Nica-ragua, Nigeria, Norway, Pakistan, Panama, Para-guay, Peru, Philippines, Senegal, Somalia, Sweden,Thailand, Togo, Tunisia, Turkey, United Kingdom,United States, Uruguay.Against: Albania, Belgium, Brazil, Bulgaria, Byelo-russian SSR, Cuba, Czechoslovakia, Guinea, Hun-gary, Mali, Mexico, Poland, Romania, UkrainianSSR, USSR.Abstaining: Afghanistan, Argentina, Bolivia, Cam-bodia, Chile, China, Costa Rica, Dominican Re-public, Ecuador, France, Gabon, Honduras, Indo-nesia, Iraq, Jordan, Saudi Arabia, Sudan, Unionof South Africa, United Arab Republic, UpperVolta, Venezuela, Yemen, Yugoslavia.

"The General Assembly,"Recalling the Security Council resolutions of 14

July, 22 July and 9 August 1960 and 21 February1961, and General Assembly resolutions 1474 (ES-IV) of 20 September 1960 and 1599 (XV), 1600(XV) and 1601(XV) of 15 April 1961,

"Having considered the report of the Secretary-General on the estimated cost of the United Nationsoperations in the Congo from 1 January to 31 Decem-ber 1961 and the report of the Advisory Committeeon Administrative and Budgetary Questions thereon,

"Bearing in mind that the extraordinary expensesfor the United Nations operations in the Congo areessentially different in nature from the expenses ofthe Organization under the regular budget and thattherefore a procedure different from that applied in

127the case of the regular budget is required for meetingthese extraordinary expenses,

"Bearing in mind that the permanent members ofthe Security Council have a special responsibility forthe maintenance of international peace and securityand therefore for contributing to the financing ofpeace and security operations,

"Noting with appreciation the intention declared bycertain Member States to make substantial voluntarycontributions,

"1. Decides to open an ad hoc account for theexpenses of the United Nations operations in theCongo for 1961;

"2. Approves the recommendations of the Ad-visory Committee on Administrative and BudgetaryQuestions contained in paragraphs 2, 29 and 30 of itsreport, subject to paragraph 3 below;

"3. Decides to appropriate an amount of $100million for the operations of the United Nations inthe Congo from 1 January to 31 October 1961;

"4. Decides further to apportion as expenses of theOrganization the amount of $100 million among theMember States in accordance with the scale of assess-ment for the regular budget subject to the provisionsof paragraph 8 below, pending the establishment of adifferent scale of assessment to defray the extra-ordinary expenses of the Organization resulting fromthese operations;

"5. Urges the permanent members of the SecurityCouncil to make sizeable additional contributions;

"6. Appeals to all other Member States who arein a position to assist to make voluntary contributions;

"7. Calls upon the Government of Belgium, aState directly concerned with the situation in theRepublic of the Congo (Leopoldville), to make asubstantial contribution;

"8. Decides to reduce:"(a) By 80 per cent the assessment of Member

States whose contributions to the regular budget rangefrom 0.04 per cent to 0.25 per cent inclusive;

"(b) By 80 per cent the assessment of MemberStates receiving assistance during 1960 under theExpanded Programme of Technical Assistance, whosecontributions to the regular budget range from 0.26per cent to 1.25 per cent inclusive;

"(c) By 50 per cent the assessment of MemberStates receiving assistance during 1960 under theExpanded Programme of Technical Assistance whosecontributions to the regular budget are 1.26 per centand above;

"9. Decides to apply the additional contributionsof Member States under paragraphs 5, 6 and 7 aboveto offset the deficit resulting from the implementationof the provisions of paragraph 8."

[Draft resolution I, as submitted by Fifth Com-mittee, A/4740, was voted on twice at plenary meeting995; the first time, it failed to receive the necessarytwo-thirds majority by roll-call vote of 45 in favour,25 against, with 27 abstentions; the second time itwas adopted with amendments, as shown above, byroll-call vote of 54 to 15 with 23 abstentions. Informa-tion on the way various Members voted in the firstroll-call vote follows:



In favour: Australia, Austria, Burma, Canada, Cen-tral African Republic, Ceylon, Congo (Leopold-ville), Cyprus, Dahomey, Denmark, Ethiopia,Federation of Malaya, Finland, Ghana, Greece,Haiti, Iceland, India, Iran, Ireland, Israel, Italy,Japan, Laos, Lebanon, Liberia, Libya, Luxembourg,Nepal, Netherlands, New Zealand, Niger, Nigeria,Norway, Pakistan, Philippines, Senegal, Somalia,Sweden, Thailand, Tunisia, Turkey, United King-dom, United States, Uruguay.Against: Albania, Argentina, Belgium, Bolivia,Brazil, Bulgaria, Byelorussian SSR, Costa Rica,Cuba, Czechoslovakia, Ecuador, Guinea, Honduras,Hungary, Mali, Mexico, Morocco, Panama, Poland,Portugal, Romania, Spain, Ukrainian SSR, USSR,Venezuela.Abstaining: Afghanistan, Cambodia, Chad, Chile,China, Colombia, Dominican Republic, El Salva-dor, France, Gabon, Guatemala, Indonesia, Iraq,Ivory Coast, Jordan, Madagascar, Nicaragua, Para-guay, Peru, Saudi Arabia, Sudan, Togo, Union ofSouth Africa, United Arab Republic, Upper Volta,Yemen, Yugoslavia.]

ADMINISTRATIVE AND BUDGETARYPROCEDURES OF THE UNITED NATIONS


A/C.5/L.664. Canada: draft resolutions, as amendedby sponsor, by 4-powers (A/C.5/L.668), and byCommittee, adopted by Fifth Committee on 20April 1961, meeting 845, by roll-call vote of 26 to24, with 29 abstentions, as follows:In favour: Argentina, Bolivia, Brazil, Burma, Cey-lon, Chile, China, Colombia, Ecuador, El Salvador,Ethiopia, Guatemala, Honduras, Indonesia, Iraq,Lebanon, Mexico, Panama, Paraguay, Peru, Philip-pines, Spain, Union of South Africa, Uruguay,Venezuela, Yugoslavia.Against: Albania, Australia, Belgium, Bulgaria,Byelorussian SSR, Canada, Czechoslovakia, Den-mark, Hungary, Japan, Liberia, Netherlands, NewZealand, Norway, Pakistan, Poland, Romania,Sweden, Tunisia, Turkey, Ukrainian SSR, USSR,United Kingdom, United States.Abstaining: Afghanistan, Austria, Cambodia, Cam-eroun, Central African Republic, Chad, Congo(Brazzaville), Congo (Leopoldville), Cyprus, Fed-eration of Malaya, Finland, France, Ghana, Greece,India, Iran, Ireland, Israel, Italy, Libya, Luxem-bourg, Nepal, Nigeria, Portugal, Senegal, Sudan,Thailand, United Arab Republic, Upper Volta.

A/C.5/L.668. Colombia, Mexico, Peru, Venezuela:amendments to Canadian draft resolution, A/C.5/L.664.

A/4740. Report of Fifth Committee, draft resolu-tion II.

RESOLUTION 1620(xv), as submitted by Fifth Com-mittee, A/4740, and as amended by Assembly,adopted by Assembly on 21 April 1961, meeting

995, by roll-call vote of 44 to 13, with 32 absten-tions, as follows:In favour: Australia, Austria, Belgium, Brazil,Burma, Canada, Central African Republic, Ceylon,China, Cyprus, Dahomey, Denmark, DominicanRepublic, Federation of Malaya, Finland, Ghana,Iceland, India, Iran, Iraq, Ireland, Israel, Italy,Ivory Coast, Japan, Jordan, Laos, Liberia, Luxem-bourg, Madagascar, Netherlands, New Zealand,Nigeria, Norway, Pakistan, Philippines, Somalia,Sweden, Tunisia, Turkey, Union of South Africa,United Arab Republic, United Kingdom, UnitedStates.Against: Albania, Bulgaria, Byelorussian SSR, Cuba,Czechoslovakia, Hungary, Peru, Poland, Romania,Ukrainian SSR, USSR, Uruguay, Venezuela.Abstaining: Afghanistan, Argentina, Bolivia, Cam-bodia, Chad, Chile, Colombia, Congo (Leopold-ville), Ecuador, El Salvador, Ethiopia, France,Gabon, Greece, Guatemala, Guinea, Indonesia,Libya, Mali, Mexico, Nepal, Nicaragua, Panama,Paraguay, Saudi Arabia, Senegal, Sudan, Thailand,Togo, Upper Volta, Yemen, Yugoslavia.

"The General Assembly,"Having in mind that among the main purposes of

the United Nations are the maintenance of interna-tional peace and security, the pacific settlement ofdisputes and international economic and social co-operation with a view to the creation of conditionsof stability and well-being necessary for peaceful andfriendly relations among nations,

"Recognizing that in order to fulfil these purposesthe United Nations must have at its disposal adequatefinancial resources and generally recognized proceduresfor dealing with the financial problems resulting fromactivities undertaken by the Organization,

"Believing that, with the continuing growth anddevelopment of the United Nations, increasing de-mands will be made on the Organization in the fulfil-ment of its purposes,

"Believing also that in these circumstances it wouldbe appropriate to review the administrative andbudgetary questions relating to the expenditures ofthe United Nations,

"1. Decides to place on the provisional agenda ofits sixteenth session, as a matter of prime importanceand urgency, the question of the administrative andbudgetary procedures of the United Nations, includingthe following points:

"(a) Methods for covering the cost of peace-keep-ing operations;

"(b) The relationship between such methods andthe existing administrative and budgetary proceduresof the Organization;

"2. Requests the President of the General Assemblyto appoint a working group composed of fifteen Mem-ber States—the permanent members of the SecurityCouncil, two States from Africa, two from Asia, twofrom Latin America, two from Western Europe, onefrom Eastern Europe and one from the Common-wealth—to consider the points mentioned in para-graph 1 above, in consultation, as appropriate, with

OTHER QUESTIONS RELATING TO AFRICA 129

the Advisory Committee on Administrative and Budg-etary Questions and the Committee on Contributions,and to report in good time for the sixteenth sessionof the Assembly;

"3. Requests the Advisory Committee on Adminis-trative and Budgetary Questions, in assisting theworking group, to consider what improvements mightbe required in the existing administrative and budget-ary procedures of the United Nations and any othermeasures to ensure the financial stability of theOrganization;

"4. Requests Member States to submit not later

than 1 July 1961, for consideration by the workinggroup, observations on principles to be applied indetermining a special scale of assessments for peaceand security, and on other matters relevant to itsstudy;

"5. Decides to refer to its sixteenth session allrelevant documentation for consideration under thisitem, the records of the fifteenth session and all draftresolutions submitted to it, any observations whichmay be made by Member States, and the reportsrequested in accordance with paragraphs 2 and 3above."

CHAPTER VIII

OTHER QUESTIONS RELATING TO AFRICA

AFRICA: A UNITED NATIONS PROGRAMME FORINDEPENDENCE AND DEVELOPMENT

On 28 September 1960, the United States re-quested that an item entitled "Africa: A UnitedNations Programme for Independence and De-velopment" be placed on the agenda of the fif-teenth session of the General Assembly.

An accompanying explanatory memorandumreferred to the programme for assistance to thenew countries of Africa, which the President ofthe United States had proposed to the Assem-bly on 22 September 1960. In his speech, thePresident had stated that the challenge of peaceand orderly progress in freedom could best bemet by the combined efforts of the world com-munity operating through the United Nations.In order that the new African Member statesmight determine their own course, the UnitedStates now proposed, among other things, thatall Member states should refrain from interven-ing in the internal affairs of these nations anddesist from actions designed to intensify presentunsettled conditions in the Congo, assure theirsecurity and help them avoid wasteful competi-tion in armaments.

As a token of willingness to co-operate, theUnited States hoped that Member states wouldmake substantial pledges to the internationalprogramme of assistance to the Congo organizedby the Secretary-General. Also, in order to assistin their war against poverty, illiteracy anddisease, United Nations organizations shouldhelp African countries to shape their long-termdevelopment programmes. Specifically suggestedin the memorandum was expanded assistance bythe United Nations Special Fund, the Expanded

Technical Assistance Programme, the UnitedNations programme for the provision of opera-tional, executive and administrative personnel(OPEX), the International Bank for Recon-struction and Development and the Interna-tional Monetary Fund. The family of UnitedNations organizations in the educational fieldwould also be asked to collaborate with the newAfrican states in an expanded all-out UnitedNations effort to assist in educational advance-ment. Such efforts, the United States believed,would go far towards placing the independenceof the new African states on the soundest pos-sible footing.

An addendum to the United States memo-randum was submitted on 20 October contain-ing a draft resolution intended for illustrativepurposes only.

On 10 October, the General Assembly decidedto include the item in the agenda. It was con-sidered by the Assembly's First Committee from23 March to 21 April during the second partof the Assembly's fifteenth session. The Secre-tary-General had previously drawn the Com-mittee's attention to his report, dated 22 No-vember 1960, on opportunities for internationalco-operation on behalf of former Trust Terri-tories and newly independent states.

Also transmitted to the Committee was adraft resolution adopted by the Second Com-mittee on 2 December 1960, calling for in-creased assistance to such territories and states.(For further details, see p. 271.)

Introducing the item in the First Committee

52 political and security questions chapter vii › depts › dhl › dag › docs ›...

Documents