5. Requests:

(a) 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 the Republic of the Congo of its authority and also to refrain from any action which might undermine the unity, territorial integrity and the political independence of the Republic of the Congo;

(b) All Member States, in accordance with Articles 25 and 49 of the Charter of the United Nations, 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. Without prejudice to the sovereign rights of the Republic of the Congo, calls upon all States to refrain from the direct and indirect provision of arms or other materials of war and military personnel and other assistance for military purposes in the Congo during the temporary period of military assistance through the United Nations, except upon the request of the United Nations through the Secretary-General for carrying out the purposes of this resolution and of the resolutions of 14 and 22 July and 9 August 1960 of the Security Council. 863rd plenary meeting, 20 September 1960.

RESOLUTION ADOPTED BY THE SECURITY COUNCIL AT ITS 942ND MEETING ON 20-21 FEBRUARY 1961

The Security Council,

A

Having considered the situation in the Congo,

Having learnt with deep regret the announcement of the killing of the Congolese leaders, Mr. Patrice Lumumba, Mr. Maurice Mpolo and Mr. Joseph Okito,

Deeply concerned at the grave repercussions of these crimes and the danger of wide-spread civil war and bloodshed in the Congo and the threat to international peace and security,

Noting the report of the Secretary-General's Special Representative (S/4691) dated 12 February 1961 bringing to light the development of a serious civil war situation and preparations therefor,

1. Urges that the United Nations take immediately all appropriate measures to prevent the occurrence of civil war in the Congo, including arrangements for cease-fires, the halting of all military operations, the prevention of clashes, and the use of force, if necessary, in the last resort;

2. Urges that measures be taken for the immediate withdrawal and evacuation from the Congo of all Belgian and other foreign military and para-military personnel and political advisers not under the United Nations Command, and mercenaries;

3. Calls upon all States to take immediate and energetic measures to prevent the departure of such personnel for the Congo from their territories, and for the denial of transit and other facilities to them;

4. Decides that an immediate and impartial investigation be held in order to ascertain the circumstances of the death of Mr. Lumumba and his colleagues and that the perpetrators of these crimes be punished;

5. Reaffirms the Security Council resolutions of 14 July, 22 July and 9 August 1960 and the General Assembly resolution 1474 (ES-IV) of 20 September 1960, and reminds all States of their obligation under these resolutions.

The Security Council,

B

Gravely concerned at the continuing deterioration in the Congo, and the prevalence of conditions which seriously imperil peace and order, and the unity and territorial integrity of the Congo, and threaten international peace and security,

Noting with deep regret and concern the systematic violations of human rights and fundamental freedoms and the general absence of rule of law in the Congo, Recognizing the imperative necessity of the restoration of parliamentary institutions in the Congo in accordance with the fundamental law of the country, so that the will of the people should be reflected through the freely elected Parliament,

Convinced that the solution of the problem of the Congo lies in the hands of the Congolese people themselves without any interference from outside and that there can be no solution without conciliation,

Convinced further that the imposition of any solution, including the formation of any government not based on genuine conciliation would, far from settling any issues, greatly enhance the dangers of conflict within the Congo and threat to international peace and security,

1. Urges the convening of the Parliament and the taking of necessary protective measures in that connexion;

2. Urges that Congolese armed units and personnel should be re-organized and brought under discipline and control, and arrangements be made on impartial and equitable bases to that end and with a view to the elimination of any possibility of interference by such units and personnel in the political life of the Congo;

3. Calls upon all States to extend their full co-operation and assistance and take such measures as may be necessary on their part, for the implementation of this resolution.

RESOLUTION ADOPTED BY THE SECURITY COUNCIL AT ITS 982D MEETING ON 24 NOVEMBER 1961

The Security Council,

Recalling its resolutions S/4387, S/4405, S/4426 and S/4741,

Recalling further General Assembly resolutions 1474 (ES-IV), 1592 (XV), 1599 (XV), 1600 (XV) and 1601 (XV),

Reaffirming the policies and purposes of the United Nations with respect to the Congo (Leopoldville) as set out in the aforesaid resolutions, namely:

(a) To maintain the territorial integrity and the political independence of the Republic of the Congo;

(b) To assist the Central Government of the Congo in the restoration and maintenance of law and order;

(c) To prevent the occurrence of civil war in the Congo;

(d) To secure the immediate withdrawal and evacuation from the Congo of all foreign military, para-military and advisory personnel not under the United Nations command, and all mercenaries; and

(e) To render technical assistance,

Welcoming the restoration of the national Parliament of the Congo in accordance with the Loi fondamentale and the consequent formation of a Central Government on 2 August 1961,

Deploring all armed action in opposition to the authority of the Government of the Republic of the Congo, specifically secessionist activities and armed action now being carried on by the Provincial Administration of Katanga with the aid of external resources and foreign mercenaries, and completely rejecting the claim that Katanga is a "sovereign independent nation",

Noting with deep regret the recent and past actions of violence against United Nations personnel,

Recognizing the Government of the Republic of the Congo as exclusively responsible for the conduct of the external affairs of the Congo,

Bearing in mind the imperative necessity of speedy and effective action to implement fully the policies and purposes of the United Nations in the Congo to end the unfortunate plight of the Congolese people, necessary both in the interests of world peace and international co-operation, and stability and progress of Africa as a whole,

1. Strongly deprecates the secessionist activities illegally carried out by the provincial administration of Katanga, with the aid of external resources and manned by foreign mercenaries;

2. Further deprecates the armed action against United Nations forces and personnel in the pursuit of such activities;

3. Insists that such activities shall cease forthwith, and calls upon all concerned to desist therefrom;

4. Authorizes the Secretary-General to take vigorous action, including the use of requisite measure of force, if necessary, for the immediate apprehension, detention pending legal action and/or deportation of all foreign military and para-military personnel and political advisers not under the United Nations Command, and mercenaries as laid down in paragraph A-2 of the Security Council resolution of 21 February 1961;

5. Further requests the Secretary-General to take all necessary measures to prevent the entry or return of such elements under whatever guise and also of arms, equipment or other material in support of such activities;

6. Requests all States to refrain from the supply of arms, equipment or other material which could be used for warlike purposes, and to take the necessary measures to prevent their nationals from doing the same, and also to deny transportation and transit facilities for such supplies across their territories, except in accordance with the decisions, policies and purposes of the United Nations; 7. Calls upon all Member States to refrain from promoting, condoning, or giving support by acts of omission or commission, directly or indirectly, to activities against the United Nations often resulting in armed hostilities against the United Nations forces and personnel;

8. Declares that all secessionist activities against the Republic of the Congo are contrary to the Loi fondamentale and Security Council decisions and specifically demands that such activities which are now taking place in Katanga shall cease forthwith;

9. Declares full and firm support for the Central Government of the Congo, and the determination to assist that Government in accordance with the decisions of the United Nations to maintain law and order and national integrity, to provide technical assistance and to implement those decisions;

10. Urges all Member States to lend their support, according to their national procedures, to the Central Government of the Republic of the Congo, in conformity with the Charter and the decisions of the United Nations;

11. Requests all Member States to refrain from any action which may directly or indirectly impede the policies and purposes of the United Nations in the Congo and is contrary to its decisions and the general purpose of the Charter.

APPENDIX 25

COMPOSITION OF CONGO FORCES

Many member states responded to the United Nations Security Council's call for contingents to form a force to go into the Congo in implementation of its resolution of July 14, 1960. The number of countries contributing reached 28 in November 1960. As of that date the number of troops was 19,707. As of May 2, 1962, 18 countries had placed at the disposal of UNOC 17,632 officers, men, and supporting administrative personnel.

NOTE. Since its original composition the Indonesian, Finnish, and Colombian contingents have been withdrawn.

APPENDIX 27

SUMMARY DESCRIPTION OF UNITED NATIONS AND ITS ACTIVITIES In order to place the present situation facing the United Nations in perspective, it may be helpful to recall in general the organization and activities of the United Nations.

A. MEMBERSHIP

The United Nations now has 104 members. They are: Afghanistan, Albania, Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Bulgaria, Burma, Byelorussian S.S.R., Cambodia, Cameroun, Canada, Central African Republic, Ceylon, Chad, Chile, China, Colombia, Congo (Brazzaville), Congo (Léopoldville), Costa Rica, Cuba, Cyprus, Czechoslovakia, Dahomey, Denmark, Dominican Republic, Ecuador, El Salvador, Ethiopia, Federation of Malaya, Finland, France, Gabon, Ghana, Greece, Guatemala, Guinea, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Ivory Coast, Japan, Jordan, Laos, Lebanon, Liberia, Libya, Luxembourg, Malagasy, Mali, Mauritania, Mexico, Mongolian People's Republic, Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Rumania, Saudi Arabia, Senegal, Sierra Leone, Somali Republic, South Africa, Spain, Sudan, Sweden, Syrian A.R., Tanganyika, Thailand, Togolese Republic, Tunisia, Turkey, Ukrainian S.S.R., U.S.S.R., United Arab Republic, United Kingdom, United States, Upper Volta, Uruguay, Venezuela, Yemen, and Yugoslavia.

B. THE PRINCIPAL ORGANS OF THE UNITED NATIONS

1. THE GENERAL ASSEMBLY

The General Assembly of the United Nations includes all the member states. Each member state has one vote in the General Assembly.

The General Assembly may discuss any questions or any matters within the scope of the United Nations Charter and make recommendations to the member states of the United Nations and to the Security Council on any such questions or matters except those being dealt with by the Security Council. The General Assembly controls the finances of the United Nations, it approves the budget of the Organization, and decides how expenses of the Organization shall be apportioned among the member states.

When the General Assembly meets, it organizes itself into the following main committees (committees of the whole): First Committee (Political and Security), Special Political Committee, Second (Economic and Financial) Committee, Third (Social, Humanitarian, and Cultural) Committee, Fourth (Trusteeship) Committee, Fifth (Administrative and Budgetary) Committee, Sixth (Legal) Committee.

Questions before the Assembly are normally considered in one of the main committees before final action is taken in plenary meetings.

2. THE SECURITY COUNCIL

The Security Council consists of 11 member states of the United Nations. Five of these-United States, United Kingdom, China, France, and Union of Soviet Socialist Republics-are permanent members of the Council. Six other states are elected by the General Assembly as nonpermanent members for 2-year terms, and at present these six states are: Chile, Ghana, Ireland, Rumania, United Arab Republic, and Venezuela.

The Security Council has the primary responsibility for the maintenance of international peace and security. It concerns itself with the pacific settlement of disputes and with action with respect to threats to the peace, breaches of the peace, and acts of aggression.

It was action by the Security Council (Resolution S/4387, adopted at the 873d Security Council), which initiated the United Nations military action in the Congo on July 14, 1960. In contrast, it was action by the General Assembly [A/RES/ 998 (ES-1, November 4, 1956, at 563d plenary meeting] which established the United Nations Emergency Force in the Middle East. In this latter case the Assembly acted under the so-called Uniting for Peace Resolution [A/RES/377 (V) adopted at 302d plenary meeting, in Document A/1775], since action by the Security Council had been vetoed by the United Kingdom and France.

3. THE ECONOMIC AND SOCIAL COUNCIL

The Economic and Social Council consists of 18 member states of the United Nations, elected by the General Assembly. They serve for 3-year terms. The present membership of the Economic and Social Council is the following: United States of America, Australia, Brazil, Colombia, Denmark, El Salvador, Ethiopia, France, India, Italy, Japan, Jordan, Poland, Senegal, Union of Soviet Socialist Republics, United Kingdon of Great Britain and Northern Ireland, Uruguay, and Yugoslavia.

The Economic and Social Council makes or initiates studies and reports with respect to international economic, social, cultural, educational, health, and related matters and makes recommendations with respect to these to the General Assembly, to the member states and to the specialized agencies of the United Nations. It also makes recommendations for the purpose of promoting respect for and observance of human rights and the fundamental freedoms for all.

4. TRUSTEESHIP COUNCIL

The Trusteeship Council now consists of 10 member states, which are: United States of America, Australia, Belgium, Bolivia, China, France, India, New Zealand, Union of Soviet Socialist Republics, and the United Kingdom of Great Britain and Northern Ireland. Under the Charter, the membership is to be balanced equally between the states which administer trust territories and those which do not, with the five permanent members of the Security Council automatically included.

The functions of the Trusteeship Council relate to the international trusteeship system established under the Charter of the United Nations. The system relates to territories held under mandate at the time the Charter was adopted, to territories detached from enemy states as a result of the Second World War, and territories voluntarily placed under the system by states responsible for their administration. The terms of trusteeship for each territory are agreed with the states administering the territories. At the present time the territories within the trusteeship system are the following: Nauru, New Guinea, Ruanda Urundi, and Territory of the Pacific Islands.

The Trusteeship Council, under the authority of the General Assembly, may consider reports submitted by states administering trust territories, accept petitions and examine them in consultation with the administering authorities, provide for periodic visits to the territories at times agreed with the administering authorities, and take other actions in conformity with trusteeship agreements.

It should be noted that in the case of strategic trust territories, such as the Trust Territory of the Pacific Islands, administered by the United States, the Trusteeship Council reports to the Security Council rather than to the General Assembly.

5. THE INTERNATIONAL COURT OF JUSTICE

The International Court of Justice, which is the principal judicial organ of the United Nations, consists of 15 members, no two of whom may be nationals of the same state. They are elected by joint action of the Security Council and the General Assembly, serve for 9-year terms, and may be reelected. Included in the present membership are nationals of: United States of America, Poland, Panama, France, United Arab Republic, Argentina, Mexico, China, Greece, Australia, United Kingdom of Great Britain and Northern Ireland, Union of Soviet Socialist Republics, Japan, Peru, and Italy.

The International Court of Justice deals with cases submitted to it by states which accept its jurisdiction, and it renders advisory opinions on questions submitted to it by the General Assembly or the Security Council or by other organs of the United Nations and specialized agencies when authorized by the General Assembly.

a. Charter positions

6. THE UNITED NATIONS SECRETARIAT

Articles 97 through 101 of the Charter provide as follows:

"Article 97

"The Secretariat shall comprise a Secretary General and such staff as the Organization may require. The Secretary General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.