APPENDIX 22 RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY [on the report of the Fifth Committee (A/5075)] 1736 (XVI). Working Capital Fund for the financial year 1962 The General Assembly Resolves that: 1. The Working Capital Fund shall be established for the year ending 31 December 1962 at an amount of $US25 million, to be derived: (a) As to $23,920,842, from cash advances by Members in accordance with the provisions of paragraphs 2 and 3 below; (b) As to $1,079,158, by transfer from surplus account as follows: (i) $551,170 being the balance of surplus account as at 31 December 1957 not applied against Members' assessments in accordance with General Assembly resolution 1340 (XIII) of 13 December 1958; (ii) $527,988 being the balance of surplus account as at 31 December 1958, not applied against Members' assessments in accordance with General Assembly resolution 1445 (XIV) of 5 December 1959; 2. Members shall make cash advances to the Working Capital Fund as required under paragraph 1(a) above in accordance with the scale adopted by the General Assembly for contributions of Members to the budget for the financial year 1962;1 3. There shall be set off against this allocation of advances the amounts paid by Members to the Working Capital Fund for the financial year 1961 under General Assembly resolution 1586 (XV) of 20 December 1960, provided that, should such advance paid by any Member to the Working Capital Fund for the financial year 1961 exceed the amount of that Member's advance under the provisions of paragraph 2 above, the excess shall be set off against the amount of contributions payable by that Member in respect of the budget for the financial year 1962; 4. The Secretary-General is authorized to advance from the Working Capital Fund: (a) Such sums as may be necessary to finance budgetary appropriations pending receipt of contributions; sums so advanced shall be reimbursed as soon as receipts from contributions are available for the purpose; (b) Such sums as may be necessary to finance commitments which may be duly authorized under the provisions of the resolutions approved by the General Assembly, in particular resolution 1735 (XVI) of 20 December 1961 relating to unforeseen and extraordinary expenses; the Secretary-General shall make provision in the budget estimates for reimbursing the Working Capital Fund; (c) Such sums as, together with net sums outstanding for the same purpose, do not exceed $125,000 to continue the revolving fund to finance miscellaneous self-liquidating purchases and activities; advances in excess of the total $125,000 may be made with the prior concurrence of the Advisory Committee on Administrative and Budgetary Questions; (d) With the prior concurrence of the Advisory Committee on Administrative and Budgetary Questions, such sums as may be required to finance payments of advance insurance premiums where the period of insurance extends beyond the end of the financial year in which payment is made; the Secretary-General shall make provision in the budget estimates of each year, during the life of the related policies, to cover the charges applicable to each such year; (e) Such sums as may be necessary to enable the Tax Equalization Fund to meet current commitments pending accumulation of credits; such advances shall be repaid as soon as credits are available in that Fund; (f) Such sums, not to exceed $100,000 during the period 1961 to 1964, as may be necessary to finance awards made for the international encouragement of scientific research into the control of cancerous diseases, pursuant to General Assembly resolution 1398 (XIV) of 20 November 1959; the Secretary-General shall make provision in the annual budget estimates for reimbursing the Working Capital Fund; 5. Should the provisions in paragraph 1 above prove inadequate to meet the purposes normally related to the Working Capital Fund, the Secretary-General is authorized to utilize in 1962, under the conditions approved in General Assembly resolution 1448 (XIV) of 5 December 1959, cash from special funds and accounts in his custody or the proceeds of loans authorized by the Assembly. 1086th plenary meeting, 20 December 1961. 1 See resolution 1691 (XVI) of 18 December 1961. APPENDIX 23 RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY [on the report of the Fifth Committee (A/5062)] 1731 (XVI). Administrative and budgetary procedures of the United Nations The General Assembly, Recognizing its need for authoritative legal guidance as to obligations of Member States under the Charter of the United Nations in the matter of financing the United Nations operations in the Congo and in the Middle East, 1. Decides to submit the following question to the International Court of Justice for an advisory opinion: 4 "Do the expenditures authorized in General Assembly resolutions 1583 (XV) and 1590 (XV) of 20 December 1960, 1595 (XV) of 3 April 1961, 1619 (XV) of 21 April 1961 and 1633 (XVI) of 30 October 1961 relating to the United Nations operations in the Congo undertaken in pursuance of the Security Council resolutions of 14 July, 22 July 2 and 9 August 1960 3 and 21 February and 24 November 1961,5 and General Assembly resolutions 1474 (ES-IV) of 20 September 1960 and 1599 (XV), 1600 (XV) and 1601 (XV) of 15 April 1961, and the expenditures authorized in General Assembly resolutions 1122 (XI) of 26 November 1956, 1089 (XI) of 21 December 1956, 1090 (XI) of 27 February 1957, 1151 (XII) of 22 November 1957, 1204 (XII) of 13 December 1957, 1337 (XIII) of 13 December 1958, 1441 (XIV) of 5 December 1959 and 1575 (XV) of 20 December 1960 relating to the operations of the United Nations Emergency Force undertaken in pursuance of General Assembly resolutions 997 (ES-I) of 2 November 1956, 998 (ES-I) and 999 (ES-I) of 4 November 1956, 1000 (ES-I) of 5 November 1956, 1001 (ES-I) of 7 November 1956, 1121 (XI) of 24 November 1956 and 1263 (XIII) of 14 November 1958, constitute 'expenses of the Organization' within the meaning of Article 17, paragraph 2, of the Charter of the United Nations?;" 2. Requests the Secretary-General in accordance with Article 65 of the Statute of the International Court of Justice, to transmit the present resolution to the Court accompanied by all documents likely to throw light upon the question. 1086th plenary meeting, 20 December 1961. 1 Official Records of the Security Council, Fifteenth Year, Supplement for July, August and September 1960, document S/4387. 2 Ibid., document S/4405. 3 Ibid., document S/4406. Ibid., Sixteenth Year, Supplement for January, February and March 1961, document S/4741. Ibid., document 8/5002. APPENDIX 24 SUMMARY OF RESOLUTIONS AUTHORIZING UNITED NATIONS PRESENCE IN THE CONGO Resolution of July 13, 1960.-On the basis of the request from the Government of the Congo, the Security Council adopted a resolution authorizing the Secretary General "to take the necessary steps, in consultation with the Government of the Republic of the Congo, to provide the Government with such military assistance, as may be necessary, until, through the efforts of the Congolese Government with the technical assistance of the United Nations, the national security of forces may be able, in the opinion of the Government, to meet fully their tasks." No finding was made that a threat to international peace and security existed. Resolution of July 22, 1960.-The Security Council passed a further resolution, in the preamble of which it stated that the complete restoration of law and order in the Congo would effectively contribute to the maintenance of international peace and security. That resolution called upon Belgium to withdraw its troops and requested all states to refrain from any action that might impede the restoration of law and order or that might undermine the territorial integrity and political independence of the Congo. Resolution of August 9, 1960.-In early August, United Nations troops were forcibly stopped from entering Katanga. The Secretary General immediately brought this situation to the attention of the Security Council which, in its resolution of August 9, made clear that the Secretary General's responsibilities were to cover Katanga as well as the other Provinces of the Congo. The Council specifically affirmed that the U.N. forces in the Congo were not to be a party to or intervene in the resolution of any internal political conflicts. General Assembly resolution of September 20, 1960.-After the dismissal of Lumumba in September 1960, the Security Council met once again but could not act because of a Soviet veto. The matter was then referred to the General Assembly under the "uniting for peace" resolution. The General Assembly passed a resolution repeating, in essence, much of the July 22 resolution of the Security Council. In addition, it established the United Nations Congo fund and called upon all states to refrain from providing materials of war and military personnel to the Congo, except upon request of the United Nations through the Secretary General. Security Council resolution of February 21, 1961.—The Security Council passed a further resolution enlarging the mandate of the United Nations forces in the Congo to include prevention of civil war, by the "use of force, if necessary, in the last resort." The resolution also urged that measures be taken for the withdrawal of all foreign military personnel, political advisers not under the United Nations command, and mercenaries. The resolution of February 21 also said that the situation in the Congo threatened international peace and security and called for the formation of a Congolese Government on the basis of conciliation and without external interference. Security Council resolution of November 24, 1961.—The United Nations mandate was expanded to include an authorization to use the "requisite measure of force, if necessary," for the expulsion of foreign military personnel. RESOLUTION Adopted by THE SECURITY COUNCIL AT ITS 873D MEETING ON 13 JULY 1960 (APPROVED 14 JULY 1960) The Security Council, Considering the report of the Secretary-General on a request for United Nations action in relation to the Republic of the Congo. Considering the request for military assistance addressed to the SecretaryGeneral by the President and the Prime Minister of the Republic of the Congo (document S/4382), 1. Calls upon the Government of Belgium to withdraw their troops from the territory of the Republic of the Congo; 2. Decides to authorize the Secretary-General to take the necessary steps, in consultation with the Government of the Republic of the Congo, to provide the Government with such military assistance, as may be necessary, until, through the efforts of the Congolese Government with the technical assistance of the United Nations, the national security forces may be able, in the opinion of the Government, to meet fully their tasks; 3. Requests the Secretary-General to report to the Security Council as appropriate. RESOLUTION ADOPTED BY THE SECURITY COUNCIL AT ITS 879TH MEETING ON 22 JULY 1960 The Security Council, Having considered the first report by the Secretary-General on the implementation of Security Council resolution S/4387 of 14 July 1960 (document S/4389), Appreciating the work of the Secretary-General and the support so readily and so speedily given to him by all Member States invited by him to give assistance. Noting that as stated by the Secretary-General the arrival of the troops of the United Nations force in Leopoldville has already had a salutary effect, Recognizing that an urgent need still exists to continue and to increase such efforts, Considering that the complete restoration of law and order in the Republic of the Congo would effectively contribute to the maintenance of international peace and security, Recognizing that the Security Council recommended the admission of the Republic of the Congo to membership in the United Nations as a unit, 1. Calls upon the Government of Belgium to implement speedily the Security Council resolution of 14 July 1960, on the withdrawal of their troops and authorizes the Secretary-General to take all necessary action to this effect; 2. Requests all States to refrain from any action which might tend to impede the restoration of law and order and the exercise by the Government of Congo of its authority and also to refrain from any action which might undermine the territorial integrity and the political independence of the Republic of the Congo; 3. Commends the Secretary-General for the prompt action he has taken to carry out resolution S/4387 of the Security Council and his first report; 4. Invites the specialized agencies of the United Nations to render to the Secretary-General such assistance as he may require; 5. Requests the Secretary-General to report further to the Security Council as appropriate. RESOLUTION ADOPTED BY THE SECURITY COUNCIL ON 9 AUGUST 1960 (886TH MEETING) The Security Council, Recalling its resolution of 22 July 1960 (S/4405), inter alia, calling upon the Government of Belgium to implement speedily the Security Council resolution of 14 July (S/4387) on the withdrawal of their troops and authorizing the Secretary-General to take all necessary action to this effect, Having noted the second report by the Secretary-General on the implementation of the aforesaid two resolutions and his statement before the Council, Having considered the statements made by the representatives of Belgium and the Republic of the Congo to this Council at this meeting, Noting with satisfaction the progress made by the United Nations in carrying out the Security Council resolutions in respect of the territory of the Republic of the Congo other than the Province of Katanga, Noting however that the United Nations had been prevented from implementing the aforesaid resolutions in the Province of Katanga although it was ready, and in fact attempted, to do so. Recognizing that the withdrawal of Belgium troops from the Province of Katanga will be a positive contribution to and essential for the proper implementation of the Security Council resolutions, 1. Confirms the authority given to the Secretary-General by the Security Council resolutions of 14 July and 22 July 1960 and requests him to continue to carry out the responsibility placed on him thereby; 2. Calls upon the Government of Belgium to withdraw immediately its troops from the Province of Katanga under speedy modalities determined by the Secretary-General and to assist in every possible way the implementation of the Council's resolutions; 3. Declares that the entry of the United Nations force into the Province of Katanga is necessary for the full implementation of this resolution; 4. Reaffirms that the United Nations force in the Congo will not be a party to or in any way intervene in or be used to influence the outcome of any internal conflict, constitutional or otherwise; 5. Calls upon all Member States, in accordance with Articles 25 and 49 of the Charter, to accept and carry out the decisions of the Security Council and to afford mutual assistance in carrying out measures decided upon by the Security Council; 6. Requests the Secretary-General to implement this resolution and to report further to the Security Council as appropriate. RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY 1474 (ES-IV). QUESTION CONSIDERED BY THE SECURITY COUNCIL AT ITS 906TH MEETING ON 16 SEPTEMBER 1960 The General Assembly, Having considered the situation in the Republic of the Congo, Taking note of the resolutions of 14 July (S/4387), 22 July (S/4405) and 9 August 1960 (S/4426) of the Security Council, Taking into account the unsatisfactory economic and political conditions that continue in the Republic of the Congo, Considering that, with a view to preserving the unity, territorial integrity and political independence of the Congo, to protecting and advancing the welfare of its people, and to safeguarding international peace, it is essential for the United Nations to continue to assist the Central Government of the Congo. 1. Fully supports the resolutions of 14 and 22 July and 9 August 1960 of the Security Council; 2. Requests the Secretary-General to continue to take vigorous action in accordance with the terms of the aforesaid resolutions and to assist the Central Government of the Congo in the restoration and maintenance of law and order throughout the territory of the Republic of the Congo and to safeguard its unity, territorial integrity and political independence in the interests of international peace and security; 3. Appeals to all Congolese within the Republic of the Congo to seek a speedy solution by peaceful means of all their internal conflicts for the unity and integrity of the Congo, with the assistance, as appropriate, of Asian and African representatives appointed by the Advisory Committee on the Congo, in consultation with the Secretary-General, for the purpose of conciliation; 4. Appeals to all Member Governments for urgent voluntary contributions to a United Nations Fund for the Congo to be used under United Nations control and in consultation with the Central Government for the purpose of rendering the fullest possible assistance to achieve the objective mentioned in the preamble; |