62-OOMJ.2jvm

Translated from French

/--UNITED NATIONS

NEW YORK '7 Q

SECRETARY-GENERAL FROM LINNER ' /

FOLLOWING MESSAGE FROM TSHOMBE WAS TRANSMITTED TO ADOULA YESTERDAY:

SIR, I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF 3 JANUARY 1962

WHICH THE UNITED NATIONS REPRESENTATIVE HAS JUST HANDED TO ME. YOU CONSIDER

THAT PRESIDENT KASA-VUBU IS ENTITLED TO CONVENE THE KATANGA ASSEMBLY AT

KAMINA BY VIRTUE OF ORDINANCE NO. 85 OF 28 NOVEMBER 1961 PRXLABCNG A

STATE OF EMERGENCY IN KATANGA. THIS ORDINANCE WAS ALLEGEDLY ENACTED IN

APPLICATION OF THE DECREE OF 20 OCTOBER 1959, WHICH, ACCORDING TO YOUR

ARGUMENT, IS STILL APPLICABLE IN THE CONGO BY VIRTUE OF TEE LOI FONDAMENTALE

OF 19 MAY I960 AND THE CONSTITUTIONAL LEGISLATIVE DECREE OF 7 JULY 1961.

HENCE ACCORDING TO YOU THE LEGISLATION ON THE STATE OF EMERGENCY IN THE

CONGO HAS A DUAL BASIS: (l) THE DECREE OF 20 OCTOBER 1959 STILL HOLDS

GOOD UNDER ARTICLE 2 OF THE LOI FONDAMENTALE; (2) THE PROVISIONS OF THIS

DECREE WERE EXPLICITLY PUT INTO EFFECT ONCE AGAIN BY THE CONSTITUTIONAL

LEGISLATIVE DECREE OF 7 JULY 19 1. I SHALL NOW EXAMINE ITS ESSENTIALLY

PROVISIONAL NATURE. THAT WAS RECOGNIZED BY THE LEOPOLDVILLE GOVERNMENT,

WHICH DEEMED TS ESSENTIAL TO PROMULGATE A NEW INSTRUMENT IN ORDER TO PUT

THIS DECREE INTO EFFECT AGAIN. IT IS CLEAR FROM THE GENERAL ARRANGEMENT

OF THE TEXT AND FROM THE PRELIMINARY WORK THAT THIS LEGISLATION WAS

DESIGNED TO REGULATE A DE FACTO SITUATION LASTING FROM THE TIME OF THE

LEOPOLDVILLE RIOTS IN JANUARY 1959 TO THE TIME WHEN NEW INSTITUTIONS

WOULD HAVE BEEN SET UP IN THE INDEPENDENT CONGO. THIS DECREE IS THE

MANIFESTATION OF THE SOVEREIGN POWER OF THE COLONIZER, WHICH DID NOT

TAKE INTO ACCOUNT TWO PRINCIPLES EMBODIED IN THE LAW OF 19 MAY I960:

(A) THE SEPARATION OF POWERS, (B) THE EXISTENCE OF TWO SEPARATE AUTHORITIES,

THAT OF THE CENTRAL GOVERNMENT AND THAT OF THE PROVINCIAL GOVERNMENT.

jvm -2-

IT IS CLEAR THAT IF SOME PROVISIONS OF TEE BELGIAN LEGISLATOR RIM

COUNTER TO THE LOI FOHDAMENTALE THEY CANNOT BE APPLIED. IS THE

CONSTITUTIONAL LEGISLATIVE DECREE OF 7 JULY 196l IN ORDER? THE ANSWER

IS IN THE NEGATIVE, FOR TWO REASONS: (A) NEITHER THE GOVERNMENT NOR THE

HEAD OF STATE CAN LEGISLATE EXCEPT IN THE FORM LAID DOWN BY THE LOI

FONDAMENTALE AND THE LATTER CONTAINS NO PROVISION DEALING WITH CONSTITUTIONAL

LEGISLATIVE DECREES. (B) ANY LEGISLATIVE OR CONSTITUTIONAL PROVISION

OR RULE MUST BE SUBMITTED TO THE APPROVAL OF THE CONSTITUTIONAL BODY.

AS THE CONSTITUTIONAL COURT HAS NOT YET BEEN SET UP, THE CONSTITUTIONAL

LEGISLATIVE DECREE OF 7 JULY 196l COULD NOT BE SUBMITTED TO IT AJ3D MUST

THEREFORE BE REGARDED AS NON-EXISTENT (SEE PERIN "LES INSTITUTIONS

POLITIQUES DU CONGO INDEPENDANT1', PAGE 6). THERE NOW REMAINS THE

QUESTION WHETHER THE HEAD OF STATE HAS THE RIGHT TO TAKE THE PLACE OF

THE PROVINCIAL AUTHORITY. I DRAW YOUR ATTENTION TO ARTICLE 21 OF THE

LOI FONDAMENTALE, WHICH STATES "THE HEAD OF STATE SHALL HAVE NO OTHER

POWERS THAN THOSE WHICH ARE FORMALLY CONFERRED UPON HIM BY THE PRESENT

LAW". THE LEGISLATIVE DECREE OF 20 OCTOBER 1959 AUTHORIZES THE GOVERNMENT-

GENERAL TO CHANGE THE TERRITORIAL AND ADMINISTRATIVE ORGANIZATION OF THE

WHOLE STATE AND NOT ONLY IS THIS POWER NOT EXPLICITLY GIVEN TO THE HEAD

OF STATE BUT, UNDER ARTICLE 220 OF THE LOI FONDAMENTALE, IT IS RESERVED

TO TEE VARIOUS PROVINCIAL AUTHORITIES. LASTLY, I WOULD REMIND YOU THAT

NO EMERGENCY LEGISLATION CAN OVERRIDE THE RIGOROUS APPLICATION OF THE

PRINCIPLES EMBODIED IN THE LOI FONDAMENTALE. IN ANY CASE, SINCE THERE

IS A DIFFERENCE OF OPINION BETWEEN THE CENTRAL GOVERNMENT AND THE

GOVERNMENT OF KATANGA, THE CONFLICT MUST BE SETTLED ACCORDING TO THE

PROCEDURE EXPLICITLY LAID DOWN IN THE LOI FONDAMENTALE. IN THAT CONNEXION

I RECALL AND REFER YOU TO ARTICLES 2J2 AND 253 AND I PROPOSE THAT YOU

SHOULD SUBMIT THE QUESTION TO THE BELGIAN COUNCIL OF STATE FOR SETTLEMENT.

I AM SURPRISED THAT IN YOUR LETTER OF 3 JANUARY 1962 YOU PERSIST IN

TRYING TO IMPOSE YOUR OWN SOLUTION; THAT ATTITUDE IS ABSOLUTELY CONTRARY

-3-

TO THE VERY PRINCIPLES OP THE LOI FONDAMENTALE AND IS DEPLORABLE AT

A TIME WHEW I AM BEING ASKED TO RECOGNIZE THAT LOI FONDAMENTALE. IT IS

CLEAR THAT THE KATANGA GOVERNMENT WILL NOT BE ABLE TO RECOGNIZE THAT LAW

UNLESS IT FEELS TEAT THE HEAD OF THE LEOPOLDVILLE AUTHORITIES INTENDS

TO APPLY IS FULLY AND IN GOOD FAITH. I HAVE THE HONOUR TO BE MOISE TSHOMBE,

PRESIDENT OF KATANGA.

F LEO T32 07 11512*

ETAT

UNATIQNS NY*

L-5S SECGEN FROM LINNER

FOLLOWING MESSAGE FROM TSHOMBE WAS TRANSMITTED TO ADOULA

YESTERDAY: + MONSIEUR LE PREMIER JSINISTRE* JAI LHONNEURBACSUSER RECEPTION DE VOTRE LETTRE DU 3 JANVIER 19 <S2QUE VIENT BE ME REMETTRE LE REPRESENTANT DE LORGANISATIONBES NATIONS UNIE3. VOUS ESTISfEZ

LE PRESIDENT KASAVUBU AURAIT LE DROIT DE CONVOGUER

A KAMINA LASSEMBLEE W KATANGA EN VERTY DE LORDONNANCE

NO, S5 BU 20 NOVEMBRE 1961 PROCLAMANT

LET AT BEXCEPTION AU KATANGA. CETTE ORDONNANCE AURAIT

ETE PRISE EN EXECUTION SU SECRET 0U 20 OCTOBRE 1959

QUI SERAI T f SELOM VOTRE THESE, *

P3*

TOy JOURS APPLICABLE AU CONGO EN VERTU DE LA LOI FONDAMENTALE

DU 19rHflI'1960 ET DIJ- SECRET- LOI CONS TITO?! ONNEL"

SHU IJTAT

AU CONGO AURAIT BONG, DAPRES VOUS, UN DOUBLE FONDOMENT:

CD LE DECRET DU 20 OCTOBRE 1959 SUBSISTERAIT EN

VERTY*

DE LARTICLE 2 DE LA LOI FONBAMENTALE« C2>

LES DISPOSITIONS DE CE DECRET AURAIENT ETE EXPRESSEMENT REMISES

EN VIGEUR PAR LE DECRET-LO! CONSTITUTIQNNEL DU 7 JUILLET

19S1. JEXAMINERAI SUCCESSIVEMENT LE CARACTERE ESSENTIELLE"

«ENT PROVISOIRE. CELA A ETE RECONNU PAR LE GOUVERNEMENT

DE LEOPOLDVILLE GUI A ESTIME INDISPENSABLE DE*

PROMULGUER UN NOUVEAU TEXTE POUR REMETTRE CE DECRET EN

VIGEUR. IL RESULTS DE LECONOMIE SENERALE DU TEXTE ET

BES TRAVAUX PREPARATOIRES QUE CETTE LEGISLATION DEVAIT

REGLER UNE SITUATION BE FAIT ALLANT DES EMEUTES DE LEOPOLD-

VILLE DE JANVIER 1S>5S> JUSQUAU MOMENT OU DES NOUVELLES

INSTITUTIONS AURAIENT ETE ORDONNEES AU CONGO*

INDEPENBANT, CE DECRET EST LA MANIFESTATION DU POUtfOIR

SOUVERAIN DU COLONISATEUR ClUI NE CONNAISSAT PAS DEUX PR IN-

GIPES INS CHITS DANS LA LOI DU 19 mi 19<SGS <A>

LA SEPARATION DES POUVOIRS , CB> LEXISTENCE DE DEUX

POUVOIRS DISTINCTS, CELUI BU GOUVERNEMENT CENTRAL

ET CELUI DU GOUVERNEMENT PROVINCIAL, *

P7*

IL EST GLAIR QUI SI CERTAINES DISPOSITIONS DU LEGISLATOR

BELGE VONT A LENCONTRE DE LA LOI FONDAMENTALE »

ELLES NE PEUVENT ETRE APPLIQUEES.

LE DECRET-LOI CONSTITUTIONNEL DU 7 JUILLET

1961 EST-IL REGULIER? LA RESPONSE EST NEGATIVE ET

POUR DEUX RAISONSJ (A) LE GOUVERNEMENT OU LE CHEF*

pg*

ntn t * TTTA T MT nr'trtrr'MT t -c fr ffv-nfrt ntrrf t\Ai.ir« » mr* -r«»-»i»«.— „»_„..—

PAR LA LOI FONDAMENTALE ET AUCUNE DISPOSITION BE CELLE-CI

m TRAITE BE DECRET-LGI CONSTITUTIONAL. <B)

TOUTE DISPOSITION LEGISLATIVE OU CONSTITUTIONNELLE OU REGLEMEN-

TAIRE DOIT ETRE SOUMISE A L* APPROBATION DE LA CHAMBRE

BE CONSITUTIONNALITE. LA COUR CONSTITUTIONNELLE Nf AYANT

PAS *

P9 *'

ENCORE ETE MISE EN PLACE, LE BECRET-LOI CONSTITUTIONNEL

BU 7 JUILLET 1^61 N*A PU LUJ EIRE SOUMIS ET DOIT

BONG ETRE CONSIBERE^COMME INESISTANT (VOIR PERIN,QUOTE

L£S INSTITUTIONS POLITIOUES DU CONGO INDEPENDANT UNQUOTE ,

P.4S). IL RESTE MAINTANANT A EXAMINER LE POINT DE *

S AVOIR SI LE CHEF BE L fETAT A LE BROIT DE SE SUBSTITUER

AU POUVOIR PROVINCIAL." JE VOUS HAPPELLE L* ARTICLE 21

BE LA LOI FONDAMENTALE QUI DECLARE CLN QUOTE LE CHEF SE L'ETAT

N'A B'AHTRES POUVOIRS SUE GEUX SUE LUI ATTRIBUE "

yllMEtLEMENT LA PRESENTS LOI UNGIUOTE . OR, LE »

Pil *

BECRET-LOI DU 20 OCTOBRE 1959 AUTORISE LE 60UVERNEMENT

GENERAL DE MODIFIER L* ORGANIZATION TERRITORIALS ET

ADMINISTRATIVE DE TOUT L*ETAT POUVOIR QUI, NON SEULEMENT,

N'EST PAS EXPRESSEMENT ATTRIBUE AU CHEF DE L'ETAT,

KAIS EST RESERVE, EN VERTU DE L' ARTICLE 220 DE LA

LOI FONSAMENDALE AUX DIVERS POUVOIRS PROVINCIAUX. *

Pi2 =

4E VOUS RAPPELLE ENFIN au*AUCUNE LEGISLATION D* EXCEPTION

m PEUT METTRE EN ECHEC L1 APPLICATION RIGOUREUSE DES PRINCIPES

INSCRITS SANS LA LOI FONDAl^ENTALEM QUOIQU f lL EN SOIT,

PUISQU'UNE DIVERGENCE DU VUE EXISTE ENTRE LE GOUVERNEMENT

CENTRALE ET LE GOUVERNEMENT DU KATANGA, LE DIFFERENT DOIT

ETRE RESOLU DE LA MANIERE EXPLICITEMENT PREVUE *

-•PAR-LA .LOI FONDAMENTALE» A GET EGARD, JE VOUS RAPPELLE

ET JE VOUS RENVOIE AUX ARTICLES 232 ET 253 ET JE VOUS

PROPOSE BE FAIRE TRANCIffiR LA QUESTION PAR LE CONSEIL D'ETAT

BE BELGIQUE. JE M'ETONNE QUE DANS VOTRE LETTRE DU 3

JANVIER 1962 VOUS^VOUS OBSTINIEZ «

A VOULOIR IMPQSER D'AUTQRITE VOTRE SOLUTION SEMICLN CETTE W

ATTITUDE EST TOUT AFFAIR CONTRAIRE AUX PRINCIPES MEMES DE LA £

LOI FONBAHEKTALE ET FORT REGRETTABLE AU MOMENT OU L* ON

ME DEMANDS DE REGONNAITRE LA BITE LOI FONDAMENTALE/ *

IL EST GLAIR QUE LE GOUVERNEMENT BU KATANCA NE POURRA REGOKNAITRE 0

£ETt£ LOI »

PIS/32 * *

QUE S*IL SENT BANS LE CHEF BES AUTORITES DE LEOPOLDVILLE 0

LE DESIR BE L'APPLIftUBR INTEGRALEMENT ET DE BONNE FOI.*

HAUTES CONSIDERATIONS, LE PRESIDENT DU KATANGA, MOISE

TSHOME, UNQUOTE * ^ ^ § 9

rri

COL L-58 3 i962 S5 2S 1961 20 195^ 19 I960 7 1961 U> 2' -J 't;i

20 1959"2 C2) 7 1961195919 1960 7 1961 7 1961 P.4<S Z 1 ]

CYU SSS LEO 22S 07 USiZ*

ETATPRIQRITE

UNATIONS m*

L-S9

SECGEN FROM LINNER.

RE YOUR 126 AND 175.

i,- UROUHART HAD ALSO BEEN APPROACHED TO AUTHORIZE FLIGHT

OF A CIVIL AIRCRAFT TO PROVIDE FOOD FOR EUROPEAN POPULATION

NUMBERING 36 IN ALL, MEDICAL SUPPLIES AS WELL AS TO EVACUATE

WOMEN , CHILDREN AND*

cu-

SICK PERSONS . 2.- FOLLOWING INSTRUCTIONS WERE SENT TO

EVILLE AND AVILLE SIMULTANEOUSLY FROM FORCE COMMANDER

ON 5 JANUARYS ^INSTRUCT UN COMMAND AT MANONO TO PROVIDE

WHAT FOOD AND I5EDICAL SUPPLIES HE CAN AND TO REPORT ON THE

POSITION THERE . EVACUATION OF WOMEN, CHILDREN AND SICK*

P3*

IS AUTHORIZED. IN THIS CONNECTION GEOMINES HAVE ASKED PER-

MISSION TO SEND A/C FROM USUMBURA FOR THIS PURPOSE.

3r_tHBlpjjLNE_LSL £EAny- ia Mi JJL s HGJTL. D _BJ_AOJLPIEB. JEQ_BIL s aAT ONCE. IF FURTHER STEPS ARE REQUIRED TO RELIEVE DISTRESS

AND CANNOT BE MET FROM*

YOUR OWN RESOURCES, ASK US.H- 3.- WE HAVE NOW RECEIVED

FOLLOWING FROM URQUHART CELLEO/37): -HJN REPRESENTATIVE

IN AVILLE REPORTS 380 KILOS FOOD SUPPLIES SENT TO MANONO

4 JANUARY . ONLY SICK PERSON EVACUATED TO USUMBURA

f JAN* WOMEN AND CHILDREN BEING EVACUATED S JAN.

OUR REPRESENTATIVE CONTACTED USUMBURA PLANE TO PROCEED WITH

FOOD SUPPLIES TO MANONO AND ENSURING UN FORCES MANONO GIVE

SECURITY TO GEOMINES PERSONNEL WISHING REMAIN ON JOB.-f

..

COL L-59 5 (ELLEO/37) 3SO 4 5

UNOFFICIAL TRANSLATION

LINKER TO SECRETARY-GENERAL

8 JANUARY 1962

CLEAR CABLE L-61

Following is extract of National Radio Broadcast yesterday:

"A recruiting agency to hire mercenaries for the Province of Katanga

is operating in France, as has just been revealed by the press of Toulouse

in a classified advertisement worded as follows! 'Immediate, Central Africa,

high salaries, former military personnel with or without specialization.'

Furthermore, the press of Toulouse announces that, according to statements

by the recruiting agents, their aim is to hire mercenaries for Katanga at afrancs

monthly salary of 219,000 francs CFA for married men and 197,OOOyCFA for

bachelors, plus an initial bonus of 100,000 francs CFA1.'

F LEO 119 OS OS302 «

ETAT v, ,*•—••-"---"

UNATI0NS

NEWV0RK "

L-€l SECRETARY GENERAL TtWH LINNER.

FOLLOWING IS EXTRACT OF NATIONAL RADIO BROADCAST YESTERDAY CLN

QUOTE. UNE AGENCE BE RECRUTEMENT DES fffiRCENAIRES POUR LA PROVINCE

KATANGAISE FONCTIONNE EN FRANCE AINSI &UE VIENT BE LE REVELER

LA PRESSE DE TOUSOUSE DANS UNE PETITE ANNONCE LIBELLEE COMME SUIT -

P2 *

OUOTE AFRIQUE CENTRALS IMMEDIATE, GROSSES REMUNERATIONS,

ANGIENS MILITAIRES AVEC OU SANS SPECIALISATION UNQUOTE, LA __H ^' C

PRESSE TOULOUSIENNE DIT D'AUTRE PART SUE LES RECRUTEURS ONT m -^ ^r~ ~:

FAIT SAVOIR QUE LEUR BUT ETAIT D* ENGAGER DES MERCENAIRES POUR o g n„ ' " -"0 , '-'3

DE 219,000 FRANCS CFA PAR MOIS POUR LES > =3 . :

O

197,000 FRANCS # TOU JOURS CFA POUR LES CELIBATAIRES, PLUS

UNEPRIME BE 100,000 FRANCA CFA AU DEPART* UNQUOTE +

COL L«51219,OQO 197,000 100,000 -f

cyia n imrar/wr

*0KISC 1S3 QPI 2$b CAHHUTHERS FBO$ HO LEO BSIEFINS T0BA? INFOHfffiB

PHESS USSUHAST A88XVING LEOPOLWIiLE TOBA? FOH CONSULTATIONS AND SHOUT

IEST MSA TWO RUSSIAN BOCTORS AI3B THSEE BUSSES LEAVING SHOSTiV FOR

IQBAT0H FEOVIMCE CMA TWO OTHEHS tiHTH T¥0 NURSES LEAVING FOR

TO miP IN F1©0B RELIEF *

WOHK STOP RUSSIAN MEDICAL SUPPLIES SPLIT BETWEEN THESE TWO PIOVIWGES

STOP ALLOCATION PERSONNEL AND SUPPLIES BONE BY Iff! WHO IN CONSULTATION

CEMTHAL GeVEl^MEKT HEALTH MINISTRY PAMA CONFIRMED THAT ELEVEN

BITAIME5 BY OHUC SUHI^g RECENT EVILLE EVENTS STILL BEING

W LEOPOLB?ILLE FOH INTERROSATIOWS STOP TWO SPECIAL INTERROGATORS

HEWYQRK TO EXPEDITE THIS STOP DENIED ANY OF THOSE CAPTURED

OTLLE HAMDEB OVER TO CENTSAL SOVEHKMENT OWE ffiMBER ONUC COMMISSION

©N KWW MASSA€EE EECENTL? EETUSREi FB©$ STAMLEWILLE

HEPOHTIH0 CLOSEST SOOPIRATION WXtH fffi^BSSS COMHISSION

APP§INTfS BY CIMTRAL ^0?EE^r€l?T STOP PEfSBING COMMISSIONS REPORT

REFUSED <3©M318T OM ITS SUBSTANTIVE WORK -f

Unofficial translation

L-63, 8 Jan 1962 - To SecGen from Linner

Ho's assistant, Pierre Luent, has sent me the following memo:

"I had the visit this morning (5 Jan) in my office of the correspondent of the

Journal de Standaart de Bruxelles, -who came to ask if he could borrow a UN plane

to go to Elisabethville. I naturally told him that it was impossible and as the

conversation went on, this correspondent, •whose name I have unfortunately forgotten

and who is not yet accredited to the UN, spoke to me at length of his stay last

week at Kipushi on the Rhodesian-Katanga frontier. He told me that this snail town

is occupied by forces of the Katanga Gendarmerie under the orders of foreign

mercenaries. Colonel Faulques, chief of the mercenaries, was seen there several

times but it seems he does not have any permanent HQ ana that he is constantly

on the move for security reasons. At the time the correspondent was at Kipushi,

members of the Katanga Government were coining there regularly to sleep and spent,

it seems, the day at Elisabethville. The morale of the foreign mercenaries, according

to him, appears to fail from day to day, inasmuch as many are those who complain

that they have not been paid for several weeks. That was the case, for example,

of the group that had been entrusted, at the time of the alisabethville incidents,

to bomb with mortars the runway of the airport. Those mercenaries, most of them

Belgians, whose number has not been indicated, would allegedly have decided, according

to the correspondent, to leave the service of Katanga and return to Belgium via

Rhodesia, because they had not been paid for a long period,"

'M tf? F LEO 87» ®% 8Sfc5Z *

UNATIONS

*

L-61 SraifAB? iEMSAL FBQ8 LIN&SEE. KO*S ASSISTANT9 PIERRE

LUENf, HAS SENT H£ FQLLSraS 13E&0 CLN &HOTE- J*AI B£CU CE

nm BUHEAU LE GOaSESPONiAWT Bll j|3 C

BE BHXELLES SMA QBI ¥E?3AIT DIJ5ANBEH ^ , ^r'-n i :', * £ *J • B u^ ^

S 1?l f iJT 'STt'BAT'T1 t>fi<S^TSJ! IT H TrMSKSilHTftSa '•' ~" ^*li i»Ui OiKfti 1 rUS-aiwJUJfc iJ JarirltUP)*£.»* • ,• ;

*' '"" rrs • ' • '

AVIm BE L Q$tJ P0BR SE REHBRE A EL1SABSTHVILLE STOP JE . :^ • ;

AI HAftmELLOTNf HEFON0H tUE C ETAIT IMPOSSIBLE ET ^ c:'

LA eOKVEiSATIOU SE PH0LON0EANT GHA CE CORHSSPOKBAKT -

BOUT JE M AI MALHEHREUSOIENT FAS RETKNU LE MOK •

ET OUI Ji! KST PAS ENCORE AeCHEBITE AIIFEES BES NATIONS

£1K!T"S£>'C£ W A AfiEQtr^f I AftSl^l-tT^tlfflP'At^P' ^)AtftIl? JBtrfftvJkJpt^ *i ft RfirwJSit.46 JtcwIV vuPjift^lJwiT 4 * .ffII JMifi>

P2»

B ^ SIJQUE m II VIOT B EFFEGT1IEE LA SEMAIME

BERHJEBE A KIPUSHI A LA mOHTlERI IE LA RKQBESIE ET M KATANGA

STOP XL H A aEeLARC SUE CETTE PETITE ^ILLE 1ST OCCUHII PAS

BES raeis BE LA &ENDARMEKIE KATAWGAISE PLACEES sous LES ORDHESBE HEHGSfJAlKES EUAM^EES STOP LE COLONEL FAUL&UES CMA CHEF

BES JSEBCENAXRE3 Y 1ST APFAHU A PLUSIE1S REPRISES

mis IL SEMBIJE ay IL MAIT PAS BE ts STOP FIXE ETQyil, SE BIPLACE eQ8SfA£3MENf POUB BES HAISONS BE SECURITE

STOP A LEPOatlE OU LI COHRSSPONBA^t SU STAMSAART SE THOUVAIT

A KIPUSHI CMA DES HEMBSES BU €OUVEaNE5ffiNT KATANSAIS VCNAIENT

Y COUCHES ET *

PASSAIENT e?JA PARA1TIL CI^A LA JOURNEE A ELISABETKVILLE STOP

LE M0RALBES MERCEUAiHIS ITRAKSERS SEMBLE CI^IA 0APRES LUI

C^A FAIBLIS BE 4QUH EN JOUR Gf?A MUTANT PLUS SUE NOMBHEUX

SGNT Ciyx Qlfl SE PLAieKENT BE NAVOIR PAS ETE PAWS BEPUIS

PLliSIEBRS 3EKA1WES STOP IL EN EST AM! PAH EXEMPLE BUS

PS*

SEOUPi: aUI A?AIt ETE CHARGE C^A AU MOMENT BE EVENEMEN1S D

EUSABCTMVILLE CJdA BE BOMSASBER AU MORTIER LA PISTE

0EMV0L BE LAESOBHO^E 9E LA CAPITAL STOP CES MlliCENAIRES

GMA POUR LA PLUPAET BELG£S CMA B0KT LI NGfiBRE NA PAS

ETE PRECISE CHA AURAIENT BECIBE C?!A SELON LE CORRES PONBANT

BE FITTER •

LE SERVICE DU KATAN0A ET SE BEMTRES EH BELSiaUE VIA LA RHODESIE

CMA FAOTE BAVAOIR ETE PAtES POUR UME LONSDE PIHIOBE STOP UNQUOTE*

Unofficial translation

To SecGen fro..u Linner

Clear Cable L-73 - 10 Jan. 1962

Am transmitting today following cable from Tshombe to Kasavubu:

"I havexhe honour to draw your attention to the odious crimes committed at Kongolo

in the last few days by troops of the ANC. More than a thousand men, women and

children have been murdered after the fighting by your soldiers who have imposed

the worse harships on the female population and who pillaged Kongolo houses, stealing

private property they contained.

You will understand that under such circumstances the people of Katanga hold

you personally responsible as Chief of the armies for the crimes the latter ni.ve

committed.

I regret that you tolerate your army to behave in such criminal manner and

I am surprised that your Prime Minister Adoula has never taken action on the

numerous protests I have sent him din the subject.

(sgd) Moise Tshombe, President of Katanga

3 January 1962 "

CYB FFF LEO 127 10 1010Z*

ETAT

UMTIOMS NEWYORK-

L-7S SEC GEN FROM LINKER «

• • • ' - ; • ' • '• • '" ' 1""' ,,-> ••--(- 7374, ,., f- '• •% • j.*.'v -, —*

TRANSMITTING TODAY FOLLOWING CABLE FROM T^HOMBE TO

KASAVUBU CLN

QUOTE ,J AI L HQ£W£UR D APPELER VOTRE ATTENTION <?UR LE? CRIMES

ODIEUX DONT ^E SONT RENDUS COUPABLE^ A -KONGOLO CMA CE^ DERNIERES

JOURS LE? TROUPES DE L ARMEE NATIONALS COK'GOLAISE .

PLUS D£ MILL&

P2* . . • . • . -

HOMMES.CMA FEMMES ET ENFANTS OWT ETE MAfSACRES APSE*? LES COMBATSPAR'VOS ^OLDAT^ GUI GOT FAIT SUBIR LE<? PIRES VIOLENCE*? A LAPOPULATION FEMININE ET ONT PILLE TOUTES . LES HABITATIONSDE KONGOLO VOLANT LE<? BIENS PRIVES GUI s y TROUVAIENT.

VOUS COMPREflDREZ QU EN PRESENCE D UNE TELLE -SITUATION CMA

PEUPLE DU KATANGA VOUS ESTIME PERSONNELLEMENT RESPONSABLE EN .

TANT QUE CHEF DES ARMEES.DES EXACTION* ET GENOCIDES DONT CELLE^-CI

SE SOMT RE^BUES COUPABLES .

JE REGRETTE QUE VOUS TLERIEZ ET ^UPPOHTIEZ MEME QUE VOTRE

ARMEE AGXSSE AINSJ .D U^E MAI^IERE CRIMXNELLE ET M ETONNE QUE

VOTRE PREMIER MlMl^TRE ADOULA N AIT JAMAI<? DONME*

P4/27* . "

SUITE AUX NOMBREU?Eff PROTESTATION^ QUE JE LUI AI EWOYEE^ A CE

SUJET • SIGNE MOKE TSHOMBE CMA PRE^XDK-IT DU KATANGA

CMA DATE S JAtWIER 1962 ,UNQUOTE**

COL L«7S S

f5 c. Hm ^ rnoo =e

=0 I

O'Z.CO

Unofficial translation

To SecGen from Linner, 10 January 1962

Clear Cable L-79

lie L-46 at Adoula's request I have transmitted to jilisabethville following

letter which he had addressed to Tshombe:

"Katanga incidents. Mr. President, the United Nations Organization in the

Congo has transmitted to me your message of 5 January 1962 according to

certain Katanga person/alities have allegedly been maltreated. According

to my information, the facts you are reporting are pure gaixtsiKj- imagination.

Allow me to remind you of your own declarations at Kitona, and most particularly

those concerning the Gendarmerie^ the latter, under the authority of the

Chief of State, cannot attack troops that belong to the same Chief of State.

You are therefore personally responsible if incidents occur in the areas

where the Katanga Gendarmerie operates."

CY9 FFF LEO 141 10 10102s

ETAT

UNATIONS NEWYORK*

L-79 SECGEN FROM LINNER.

iOM roW

RE L-46 AT ADOULAS REQUEST I HAVE TRANSMITTED TO ELI«ABETHVILLE

FOLLOWING LETTER WHICH HE HAD ADDHE^^ED TO T^HOMBE CLN\\

QUOTE INCIDENT* KATANGA .MONSIEUR LE PRESIDENT CMA L

ORGANISATION DE^ NATION* UNIE* AU CONGO M A TRANSMIT VOTRE MEfi*AGE

EN DATE DO 5 JANVIE&*

1962 Cm *ELOW LEQUEL DE^ <?EVJCE^ AURAIENT ETE COMMI* A L ENDROIT

BE PERSONNAL1TES BO KATANGA,

RENSEIGNi^ENT* PRI^ CMA LE"5 FAIT* QUE VOU^ RAPPOHTEZ * AVERENT

HELB/ER DE LA PLU^ HAUTE FANTAI^IE.

PERMETTEZ-MOI DE VOU* RAPPELER VO^ PROP RE1? DECLARATION^

DE taTONA Cm ET PLU* PARTICULIEREMENT CELLED RELATIVE*? A LA

LAQUELLE CMA PLACES ^OU^ L AUTORITE DU CHEF DE L ETAT CMA ME

PEUT S ATTAQUER A OS1? TROUPE^ GUI DEPENDENT DU MEME CHEF DE

L ETAT,

VOTRE.RESPONSABILITE PER*ONNELLE ^E TROUVE DONC PLE1NEMENTn

O 'GAGEE SI DE«5 INCIDENTS ^E PRODUISENT DANS DES REGIONS OU OPERE LJJ

LA GENDARMERIE KATANGAISE*!

; o

SALUTATION.UNQ UOTE»-{-

Unofficial translation

To SecGen from Linner

Clear Cable L-8S, 10 January 1962

AFP reports today:

Plans have been elaborated in order to place the Congo under political

and economic trusteeship for 25 years, Mr Kimba, Foreign Minister of

Katanga, told the press last night. Under no circumstances, added Mr. Kimba,

is Katanga to accept such solution. According to the Minister, that

trusteeship would be exercised by a council composed of representatives

of the powers directly interested in the Congo as well as of neighbouring

countries. The U.S. and the U.N. would play predominant role. The

council would train administrators and control the economy of the country.

The Congolese army would be integrated in the U1M forces. Mr. Kimba returned

last Saturday from a visit to urope let it be understood that he had

heard of this plan during his trip.

t

MS $£«!3 FROM LINKER

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0IS0SN tAKCEf A M. Kl^BA, U KATANGA

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O

Clear Cable from Linser to the Secretary-General dated 10 January 1962

Uuraber lr-93-

1. la a radio broadcast the national Congolese Station in Laopoldville

stated that;/-

taking advantage of the truce in United Nations Operations ill Katanga,

the agencies recruitdahg mercenaries abroad on behalf of Tshombe are increasingly detailed

their activities... we have surprising/information concerning the Toulouse

office where the AFP eorrespondant states that the chief of the recruitment

offiee located in Room Ha.7 of the Hotel Terminus is a former lieutanant of

the 91st regiment of Chasseurs paraehutistes named Raul Ro .gnol. The new

recruits receive six-month recruitment gnwffifo«*pE bonuses... adventurers

are queing outside the door of room Wo. 7 and have been doing so for three

weeks... the amount allotted for each new mercenary is 1,000 new francs andof

according to AFP it is a Belgian industrialist J3S&S Hasiur residing at 3 rue

de Chapelier who brings the money each week to Toulouse. In this manner he

has thus brought more than 0,000 new francs... in three weeks 80 frenchmen,

most of them farmer non-commissioned officers, have passed through this office

and were to have reached Mr. Tshombe's territory through Rhodesia via f&ris.

On 19 December, the first group included 11 mercenaries - radio operators

and mechanics. On 27 December there were 12: six soldiers and six technicians.

Only yesterday 35 arrived at Brazzaville.. .the mercenaries are not heading only

to Katanga: scans have also been reported on the frontier between Sudan and

Orientale Province. According to ACP,, the Juba authorities,mentioned, in a

letter addressed to the Congolese authorities, the appearance of 1,200

mercenaries on that frontier...".

2, Bogagnol is most probably same as Kepagnol, Paul reported in our A-1929,

1952 and 1952. Also included under Ho. 1 -1 of the Note Verbale issued

under Ho, 2¥A of 3|t/12/6l.

National Congolese station in Leo :

More aetails about recruitment of ; icrceiica'ies inFrance (Toulouse). Chief of recruitment bureauMr. itogagnol /who is probably, according to Linner,same as hopagnol reported in several cables fromLinnery7.Also mentions that mercenaries are also going toOrientale through Sudanese 'border.

S LEO 330/32€ 10 1740Z *

ETAT PRI©RITEi .

UNATIONS

NY «

L-93 SECGEW FROM LXNNER STOP

1. IN A RADIO BROADCAST THE NATIONAL CONGOLESE STATION IN LEOi -

STATED THAT* QUOTE.*. PROFITANT DE LA TREVE DES OPERATIONS

DES NATIONS UNIES AU KATANSA, LES AGENCES DE RECRUTEMENT

DES MERCENAIRES A L*ETRANGER POUR LE COMPTE DE TSHOMBE

REDOUBLENT *

P2 *

D'ACTIVITE... NOUS AVONS 0'ETONNANTES PRECISIONS SUR

LE BUREAU DE TOULOUSE OU LE CORRESPONDANT DE L f AFP DECLARE

QUE LE CHEF DU BUREAU DU RECRUTEKENT SITUE DANS LA CHA^BRE

N7 DE L*HOTEL TERMINUS EST UN ANCIAN LIEUTENANT DU 9IEME

REGIMENT DE CHASSEURS PARACHUTISTES tiQMm PAUL ROGAGNOL.

LES NOUVELLES *

P3 *

RECRUES RECOIVENT DES PRIMES B'ENGAGEMENT DE SIX HOIS.,.

DES AVENTURIERS FONT LA QUEUE DEVANT LA PORTE DE LA CHAMBRE

NO 7 ET IL EN EST AIMSI DEPUIS TROIS SEMAINES... NF 1000

EST LA SOHMC ALLOUEE A CHAQUE NOUVEAU MERCENAIRE ET SELON

L'AFP C'EST UN INDUSTRIEL BEL^E DE NAMUR »

PV52/50 *

HABITANT 3 RUE DE CHAPELIER OBI APPORTE L'ARGENT

CHAQUE SEMAJNE A TOULOUSE- IL A AINSI APPORTE PLUS DE

NF 4GOiOOO i . * - A N TROIS SEMAINES- SO FRANCAIS. POUR

LA PLUPART D'ACIANS SQUS-OFFICIERS, SONT PASSES PAR CE

BUREAU ET DEVAIENT GAGNER LE FIEF DE M. TSHOMBE PAR LA

RHODES IE *

VIA PARIS. LE 19 DECEMBRE, LE PREMEIER CONVOI CQMPRE-

NAIT 11 MERCENAIRES - RADIOS ET MECANICIENS- LE 27

DECEMBRE ILS ETAIENT 12 S Six COMBATTANTS ET SIX TECHNICIENS.

HIER ENeORE 35 SONT ARRIVES A BRA2ZA ... IL Nf Y A PAS

GO* AU KATANGA OU S'EN ¥ONT LES MERCENAIRES: »"t-> #•

P6 *

ON AN SIGNALS EGALEMENT A LA FRONTIERE ENTRE LE SOUDAN ET LA

PROVINCE ORIENTALS. EN EFFET SELON L*ACP LES AUTORITES

DE JUBA, BANS UNE LETTRE ADRESSEE AUX AUTORITES CONGOLAISES

SIGNALENT L* APPARITION DE 1.200 MERCEN AIRES A

GETTE FRONTIERS *.. UNQUOTE*

2, R06AGNOL IS MOST PROBABLY SAME AS ROPAGNOL, *

..... P7/27/25 »

PAUL REPORTED IN OUR A- 1929, 1932 AND 1952. ALSO INCLUDED

UNDER NO 141 OF THE NOTE VERBALE ISSUED UNDER NO 2444 OF

13/13/61 +

COL L^93 1. 7 9IEME 7 10QO 400,000 SO 19 11 27 12 35'. i,T>

'• - " — • ,L __

1,200 2. A- 1929 1932 1952 141 2444 13/12/61 + -^ ^ C

sss^ IfAtmi«TE FILE NO.

ICTION COMPLETED

TODAY FEO^ OUH REFHESEKtATIVI

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MISSASE nm mmm BY cot. AUEMEU IHMEBIAICLYIHSTSIICTEB T0 1ISSESAEB SUCH INFORMATION AKB

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IIP THIS IM^BIAIEiY HTM tJSIfMBimA* VIA BHUSSEi^ » l^SCIBEflT

ALLY w SHOULD KHOW eoNTENTS OF MY L?9 AS BSOUSET TOATOTTOK THE BAY IT WAS SOT T® Y&lf. *

Clear Cable from Linner to the Secretary-General dated 11 January 1962

Number L-104.

Re L-78 have transmitted today following letter from Adoula to

Tshombe:

" Mr. President,

I have taken note of the telegram which you addressed to the

Head of State, dated 8 January. You state that you are astonished because

a I failed to reply to your previous protests. Allow me to point out that,

on two accasions, I sent HMte messages intended for you to the United Nations,

with the request that they should be transmitted to you by the quickest

channel possible. The following are extracts/from these messages:

"My letter of k January 1962, No. 19/62. In connexion with the

activities of troops of the Congolese National Army in the North Katanga

region, I reaffirm my previous statements/which indicate the viewpoint of

the Central Government which is very clasr: the Congolese National Army

was ordered to carry out a police operation, and hence a peace-making operati on

in Katanga in order to maintain law and order in the parts of Katanga where

disorder prevails^and to restore legglity. The Congolese National Army was

also ordered not to use its weapons except against action by the mercenaries

Cor in self-defense. I am convinced that these instructions are being carried

out to the letter and that, if there are hostilities, they are due exclusively

to the activities of the mercenaries who are the officers of the gendarmerie.

In these circumstances, I consider that you are still fully responsible. I

regret the fact that, because of the hostile attitude of the mercenaries and

the Gendarmerie to the troops of the Congolese National Army, villages in the

Kongolo area have been burned. In this connexion, I would emphasize that

it is absolutely absurd to allege that the peoples of North Katanga,

- 2 -

who on several occasions already have suffered at the hands of your

Gendarmerie precisely because of their support of the Central Government,

have been taken to task by the troops of the Congolese Wational Army who

came to liberate them. Furthermore, I have never received, either directly

from the peoples of Worth Katanga JjDr through the United Nations, complaints

about the behaviour of the troops of the Congolese National Army in North

Katanga.

My letter of 8 January 1962, Wo. 0/62. (Text identical to that

given in L-79)- Greetings. "

.- . . f I

JAN11.Q32

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S 4ASSJVIIS 19 «2 ' NO* W62U (TEXT IBISTICAL TO H ^ C

i» L-7»*> SAUTTATSONS UNIUQTE -i-j *™ *'-««i*i.

&*&

Clear Cable from Linner to the Secretary-General dated 11 January 1962

Number L-108

1. Reur cable of 6 January, I met with Adoula and subsequently sent

him following letter:

"In the course of our talks this morning, I informed you of the

request addressed by President Tshombe to our representative at

Elisabethville concerning the immediate posting to the provincial

Government of Katanga of a United Nations legal expert. In making this

request, President Tshombe stressed the different interpretations placed

upon the Loi Fondamentale which, in his opinion, called for/study of this

law by an impartial jurist. TSresfirayKT^rjjfprtft^gijraraffi It is also. Bv&tvirL

President Tshombe's wish that this expert should ataateSB we that the

Assembly's work is carrie but in accordance with legality. In submitting

this request, President Tshombe remarked that such an expert should be

neither an African nor an Asian but should preferably come from an a

neutral European country such as Switzerland or Austria, or from one of

the South American republics.

( M J. ,As I already informed you this morning, the United Nationsl?e*"n'ave

no objection - on the contrary - to providing the services of such a legal

expert, provided that the request made by a provincial authority'was

previously approved by the competant authority of the Central Government of

the Republic of the Congo. This procedure is the same as is normally

followed b. the United Wations mission in the Congo with regard to all

requests for technical assistance or anything else made by the government

of one/of theprovinces of the Congo. I should be grateful if you wouldso

kindly inform me of your views on President' Tshombe's request/that

- 2 -

all the consequential arrangements can be made b; the United Nations."

I have today received the following reply from Adoula under reference

1*1-3/62, dated 10 January :

"I have the honour to acknowledge the receipt of your letter of 9

ffanuary 1962 informing me of the request submitted by Mr. Tshombe to

your representative at Elisabethville concerning the immediate posting

to the provincial government of Katanga of a United Nations legal

expert.

"You state that Mr. Tshombe mentions, firstly, the different inter-

pretations placed upon the Loi Fondamentale and, sedondly, that he would

like the aforesaid expert to establish that the Assembly's work is carried

out in accordance with legality.

"I would request you to inform Mr. Tshombe that the Central Government's

reply to this request is a categorical negativeror the following reasons:

1. As regards the interpretation of the Loi Fondamentale, Article 51

of the Loi Fondamentale of 19 May 1960 is categorical - only the Chambers«+4J&l~

may gjSB? an authoritative interpretation^of the laws.

2. As regards the legality of therorovincial assemblies, there is no

need whatsoever for calling upon the assistance of a foreign legal

expert. According to Article 1^5 of the Loi Fondamentale, the President

is responsible for the orderly "'ififriiiui-tari of the Assembly's proceedings.

Thus the President is Eesponsible not only for the orderly conduct of

business within the Assembly, but also for ensuring that the work is

carried out in accordance with the laws and regulations.

- 3 -

Moreover, if Mr. Tshonibe had complied with the Ordinance}

issued by the Head of State, convening the provincial assembly of

Katanga at Kamina, no suspicion would have arisen with regard to the

legality of the work.

I thank you in advance for conveying the contents of the

present letter to Mr. Tshombe."

3. I have transmitted Adoula's reply to Dumontet with following

additional comments:

"Notwithstanding contents of above and during course of discussions

Urquhart and I had this morning, Adoula indicated he might be prepared to

reconsider this if Tshombe were to word his request in much more general

terms without specifically referring to either interpretation of the Loi

Fondamentale or the legal standing of the Katanga provincial assembly.

Therefore suggest you see Tshombe personally when delivering Adoula's

reply which should be done in an oral form inasmuch as Tshombe's original

request was also made orally to you. At the same time you could try

and work out with him a formula along the lines of preceding paragraph."

'•JAM 11I "|"r'» 3i-( . '.;.-£i.

SSS LEOPOLBVIUE 702 ii

ITAf

SECGEN FROM LINNER

i. REWR GABLE OF S JANUARY I MET ¥ITH ABOUU ANB SUBSEQUENTLY

SENT HIM FOUOWIN6 I^TTES* 00015

L08S DES eSNVERSATIONS aUE NOUS AVQNS EUES CE MATIN, JE t?OUS

AI FArt PART BE LA BEMANBE CllJA ABRESSEE II PRESIDENT TSH©tli£

A N©TRE REPRISENTANT A *

E1ISABETH7ILLE SE REPP08TANT A IA HX$E A B1SP0SITION

BU SOOVERNEMENT PROVINCIAL BU KATANGA BUN EXPERT JURISTS BE

L0NU, EN FORMULANT 0ETTE BEMANBE LE PRESIDENT TSH©M1E A FAIT

ITAT BES DIFFERENTES INTERPRETATIONS APP0RTEES A LA LOI

FONBAMERTALE ET QUI, A SON AVIS, NE€£SSITAIERT LEWIE

PAR m JURIST! *

IMPARTIAL BE CETTE 101. BAUTRE PART, IE PRESIDENT

TSHQMBE EST BESIREUX dUE GET EXPERT *C0J$STATE Q1E LES TRftVMJX

BE LA3SEMBLEE SONT FAITS BANS LA LE6ALITE-K EN S0UMETTANT

CETTE RKOaUETE LE PRESIDENT TSHQMBE A INBIQUE QWJN TEL EXPERT

NE BEVRAIT ETRE NI AFRIGAIN HI ASIATIQUE MAIS BEVRAIT BE •

REFERENCE VENIR BUN PAYS NEU7RE DEUR0PE TAL QUE

LAUTRIGHE OU ENCORE UKE BES REPUBLIQUES BE LAMERIQUE BU SUB.

€J@MME 4E ¥OUS LAI BEJA INBIQUE CE MATIN, LES NATIONS

UNIES NAURAIENT AUCUHE OBJEGTIOS, AU GOKTRAIRE, -

fSHRKIR IES SERVICES BUN TEL EXPERT JURIS TE POUR »

P5 *

AUTANT QUE LA BEMASBE FAITE PAS UNE AUTORITE PROVIHGIALE SOIT

AGREEE PREALABLEMENT PAR LAUTORITE COMPETENTE BU GQUVERNEMENT

CENTRAL BE LA REPUBLiaUE BU CONGO. CETTE PROCEDURE EST CELLE-

LA mm aai EST REGULIEREMENT SUIVH PAR LA MISSION BES NATIONSUNIES AU CONGO EN GE Wl CONGERNE TOUTES BEMANBES BASSISTAMCE

TE€HNIi0E OH *

AUTRE F0RMULEES PAR LE 6QUVERNEMENT BU fE BES PROVINCES BU CONSO .

4E V00S SAURAIS 6RE BE BIEN VOULOIR ME FAIRE CONWAITRE VOTRE

SENTIMENT AU SU«JET BE LA BEMANBE FAITE PAR LE PRESIBEWT TSHOMBE

AFINGIUE TOUTES LES DISPOSITIONS PUISSENT ETRE PRISES

EN CONSEQUENCE PAR LES NATIONS UNIES. UNQUOTE.

g. *

FT e

I HAVE TODAY RECEIVES FOLLOWING REPLY FROH ABOULA UNDER REFERENCE

143/a* SATEB iOTH JANUARY S QUOTE

JAI LHONNEUR BACCUSER RECEPTION BE VOTHE LETTRE BU S>

JANVIER !S>«a PAR LAGUELLE VOUS MINFORMEZ BE LA BEMANBE

PRESENTEE PAR M. TSHOMBE A VOTRE REPRESENTANT A ELISABETHVILLE,

fONCERNANT LA MISE A BISPOSITIOW «

GOUVERNEMEMT PROVINCIAL KATANGAIS DUN EXPERT JURISTS

BE mm*VOUS ME REFERE2 aUE H. TSHOMBE FAIT BUNE PART ETAT

BES BIFFERENTES INTERPRETATIONS BE LA LOI FONBAMENTALE ET,

BAUTRE PART, QUIL BESIRERAIT QUE LEDIT EXPERT 4GONSTATE

QUE LES TRAVAUX BE LASSEMBLEE SGNT FAITS DANS LA LEGALITE+*

\ JE VOUS PRIE BE FAIRE CONNAITRE A M. TSHOMBE SUE LA REPONSE BUt>GOUVERNEMENT CENTRAL A CETTE REQUETE EST FGRMELLEMENT NEGATIVE,

POUR LES RAISONS

i. EN CE GUI C0NGERNE LINTERPRETATION BE LA LOI FONSAMENTALE,

LARTKLE 51 DE LA LOI FONDAMENTALE SU 19 MI 15 €0 EST

Pi© *

S +LIBTERPRETATION BES LOIS PAR

BAUTORITE NAPPART1ENT QUAUX CHAMBRES-f-*

2 QUANT A LA LEGALITE BES TRAVEUX DES ASSEMBLERS

PR0VINCIALES, IL NEST POINT NECESSAIRE BE RECOURIR A L

ASSISTANCE BUN JURISTS ETRANGE8. AUX TERfJES DE LARTICLE

145 BE LA LOI FONDAMENTALE, LE +PRESIBENT A LA POLICE BE

LASSEMBLEE* *

pll *

/LE PRESIDENT ASSURE DONC NON SEULEMENT LA POLICE A LINTERIEUR

BE LASSEMiLEE MAIS IL VEILLE AUSSI A LEXEC0TION BES

IRAVAUX EN CONFORMITE DES DISPOSITIONS LEGISLATIVES.

DAILLEURS, SI M. TSHOMBE AVAIT RESPECTS LORDONNANCE

PRISE PAR LE CHEF DE LETAT CONVOQUANT LASSEMBLEE PROVINCIALS

BU KATANGA A KAMINA, TOUT *

P12 *

S0UPCON QIJANT A LA LEGALITE BES TRAVAUX EUR ETE ECARTE*

JE VOUS REMERCIE A LAVANCE DE SIEN VOULOIR TRANS METTRE

LA TENEUR BE LA PRESENTE LETTRE A M. TSHOMBE.

D. i

FOLLOWING ADDITIONAL COMMENTS 3 QUOTE NOTWITHSTANDING CONTENTS

OF ABOVE ANB DURING »

COURSE OF DISCUSSIONS URCWHART AND I HAD THIS MORNING, ABOULA

INDICATED HE MIGHT BE PREPARED TO RECONSIDER THIS IF TSHOM1E

WERE TO WORD HIS REQUEST IN fSUCK MORE GENERAL TERMS WITHOUT

SPECIFICALLY REFERRING TO EITHER INTERPRETATION OF THE -fLOI

FONBAMENTALE+ OR THE LEGAL ATANDING OF THE KATANGA PROVINCIAL

ASSEMBLY. *

P44/98 *

THEREFORE SUGGEST YOU SEE TSHOMBE PERSONALLY WHEN DELIVERING

ABOULAS REPLY WHICH SHOULD BE DONE IN AN ORAL FOR& INASMUCH

AS TSHOMBES ORIGINAL REQUEST WAS ALSO HADE ORALLY TO YOU,

AT THE SAME TIME YOU COULD TRY AND WORK OUT WITH HIM A FORMULA

ALONG THE LINES OF PRECEDING PARAGRAPH. UNQUOTE. +

HmCOL L«10S U 6 a. U3/S2 10TH 9 i§^ i 51 ™

0 /- - 33

19 i9SQ 2 145 3. + >

c: " H2 "~r o""i K. « ""'*~j r"v> <swO

CORR.,* PAGE 3 LINE4 WA 6ETTE*.* REQUETE

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PAftYXCtfLAftLY XAfANSA Sf^P ?ARA AS VOO ¥ZLL HAfE

SIFeSfS TO THE' SECBRXTY €6U!«CZt C^A THE RECENT ACTION

F01GSBS IK KATAWSA HAS' BEES OF' BEFEHSXVE CHAEAGTER

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U N I T E D N A T I O N S

Press ServicesOffice of Public Information

United nations, N.Y.

(For use of information media — not an official record)

Press Release SG/111311 January 1962

ACTING SECRETARY-GENERAL U THANT HAIES

CHIEF UK REPRESENTATIVE IN ELISABETHVILLE

Acting Secretary-General U Thant announced today the assignment of Jose

Rolz-Bennett, Acting Director of the Trusteeship Division, to serve with the

United Nations Operation in the Congo as Chief United Nations Representative in

Elisabethville'.

Mr. Rolz-Bennett will depart for the Congo early next week, proceeding first

to Leopoldville for briefing at ONUC Headquarters. He will then join Brian

Urquhart in the Elisabethville office of ONUC and will take over from him.

Mr. Urquhart then will return to his post at United Nations Headquarters.

Upon his return from this assignment, Mr, Rolz-Bennett will take up his

duties as Deputy Chef de Cabinet, in accordance with the announcement made by

the Acting Secretary-General on 29 December 1961 (Press Release SG/1105).1

* **# *

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L-U6 ; I N I T I A L S .! S?tU T ***f''tr "'

SECGEN FROM LINNER STOP """ ™—

MY i-3 2.

URQUHART URGES RAPID CONSIDERATION POSSIBILITY OF

BENEVOLENT FUND FOR ORPHANS AND WIDOWS OF UN TROOPS AND PERSONNEL

KILLED OR DISABLED IN ACTION. EVEN ANNOUNCEMENT OF INTENTION

TO SET UP AND OPERATE SUCH FUND WOULD BE VERY IMPORTANT FROM «

P2/34 *

POINT OF VIEW MORALE UNITED NATIONS FORCE AS A WHOLE.

THIS QUESTION NOW CONSTANTLY RAISED BY UNIT COMMANDERS

IN ELISABETKVILLE AND HAS GREAT SYMBOLIC IMPORTANCE APARTH J

FROM POSSIBLE FINANCIAL BENEFITS TO THOSE CONCERNED + m

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SECSEN FROM UNNER FUHTHEH TO MY CABLE OF YESTEEMTI 'AM NOW INFQRMEi BY DUMOMTET THAT YESTERDAY MORNING J30 KATANGESEPOLICEMEN WITH THE ASSISTANCE OF 40 ETHIOPIAN SOLDIERS HAVE

•THE "ORATION OF'CLEARISS THE RESIDENTIAL AREA OF THE

^"LUMUMBASHI- APPROX 10® HOUSES HAVE BEEN "

EVACUATED OF THEIR ILLEGAL OCCUPANTS^ FULCHERI AND 2 SECURITY

OFFICERS WERE ASSURING THE LIAISON BETWEEN THE POLICE AND THE

ETHIOPIAN TROOPS. THE OPERATION HAS BEEN SUCCESSFUL AND NOT EVEN

THE SLIGHTEST INCIDENT HAS BEEN REPORTED. ACTUALLY MOST OF

THE ESTIMATED 1300 PERSONS WHO WERE ILLEGALLY OCCUPYING

HOUSES *

P3 *

IN THE AREA LEFT ON THEIR OWN INITIATIVE AS SOON AS THE POLICE AND

THE UN TROOPS SHOWED UP. THE COOPERATION BETWEEN THE KATANGESE

POLICE AND THE ETHIOPIAN UNIT AND THE SMOOTH FUNCTIONING OF

THE OPERATION HAVE SET UP AN ENCOURAGING EXAMPLE FOR FURTHER

DEALING WITH THE UN AND *

THE POLICE ON MATTERS OF RESTORING LAW AND ORDER* EYE

WOULD LIKE TO MENTION THAT THE UN TROOPS DID NOT TAKE ACTIVE PART

IN THE CHECKING OF THE DIFFERENT HOUSES WHICH WAS DONE BY THE

KATANGESE POLICE BUT THEY STOOD BY DURING THE OPERATION READY TO

ASSIST THE POLICE *

PS/3© *

HAD IT BEEN NECESSARY* IT APPEARS THAT OUR ASSISTANCE ALONE _I fiiJfTT /"•"»

ACCORDING TO THE CHIEF OF POLICE SAPWE HAS BEEN AT THE ORIGINpOF^ EE

THE SUCCESS OF THE OPERATION* o -g Hi

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U N I T E D N A T I O N S

Press ServicesOffice of Public Information

United Nations, N.Y.

(For use of information media — not an official record)

Note No. 2V7612 January 1962

NOTE TO CORRESPONDENTS

The following was communicated by United Nations authorities in Elisabethville:

On the morning of 11 January 130 Katangese policemen, with the assistance of

^0 Ethiopian soldiers of ONUC, successfully completed the operation of clearing the

residential community of Lumumbashi in the Elisabethville area.

About 100 houses were evacuated of their illegal occupants, without a single

incident being reported. Actually, most of the estimated 1,300 persons who were

illegally occupying houses in the area left on their own initiative as soon as

the Katangese police and the United Nations troops showed up.

It is felt that the cooperation between the Katangese police axid the Ethiopian

unit, and the smooth functioning of the operation itself, have set an encouraging

example for further joint efforts aimed at restoring law and order.

The United Nations troops did not actually take part in the checking of

the occupied houses. They merely stood by while the Katangese police handled

the matter, but would have stepped in to assist the local police had it proved

necessary to do so.

-X-X-* #

Holfe

United Nations, New York

L-110, Secretary-General from Linner.

Following from Dumintet (ELLE070): "This is the letter which I am sending to

Tshombe, at his request, concerning arrangements for the exchange of prisoners:

Sir,

v*ith reference to your letter of 10 January and to our conversations of

10 and 11 January concerning the exchange of prisoners, I have the honour, in

response to your request, to confirm by this letter the arrangements upon which

we have agreed:

(1) The words "the Swedish prisoners" used in your letter apply, as you

have specified to me, to all the fifteen United Nations soldiers held at Kipushi.

(2) ytrcangaffiSS p will be waste'" immediately for the exchange of the fifteen

United Nations soldiers who are prisoners at Kipushi and the thirty-three

Katanga gendarmes and police (eighteen gendarmes held at La Luano, ten gendarmes

and four police held at Manono). The exchange will be effected with the assistance

of the Red Cross, if possible on Monday, 15 January.

(3) With regard to the Katanga gendarmes from Nyunzu and Nyemba who are at

present at Albertville, not as prisoners but under the protection of the United

Cations forces, under which they placed themselves, the following has been agreed:

- 2 -

all those who want to be taken back to Elisabethville will be transported

£tthere as rapidly as possible by ONUG and those who express & wish to remain at

jot Albertville or in the north of Katanga will have to contact the ed Cross

representative of a civilian official of Katanga.

(4) On the basis of the report which, according to your instructions, must

be iE«lamiltitiMi delivered to you on 12 aanuary, we shall on that same day be given

definitive information on the fate of Major Singh.

{ JAN I 3 1962! /" *""'"I Iff) ^J £^

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L-ii8 SE6GEU FROM LlNNERo

FOtLOWINS FROM BUJIONfET CELLE070J : QUOTE

THIS IS THE LETTER WICH I AM SENSING TO TSHOMBE, AT HIS REQUEST,

eONCERWIH^ ARRANGEMENTS FOR THE EXCHANGE OF PRISONERSt

MONSIEUR LE PRESIDENT, ME REFERANT A VOTRE LETTRE BU 10 «

• m *JANVIER ET A NOS CONVERSATIONS DES 10 ET 11 JANVIER

CONCERNANT LECHANGE BE PRISONIERS, JAI tHONNEUR

AINSI aUE VOUS ME LAVEZ BEMANDE, DE VOUS CONFIRMER PAR LA

PRESENTS LETTRE LES ARRANGEMENTS SUR LESOUELS NOUS NOUS SOMMES

1) LES MOTS EMPLOYES BANS VOTRE LETTRE, QUOTE 9

n *LES PRISONNIERS SUESOIS UNQUOTE* AINSI QUE VOUS ME LAVE2

PRECISE, SAPPLIQUENT A TOUS LES 15 SOLDATS BE LONU

DETENUS A K!PUSHI*

2) IL SERA PSOCEBE IMMEDIATEMENT A UN ECHANGE DES 15 SOLDATS

DE LONU PRISONNIERS A KIPUSHI, ET DES 33 GENDARMES'ET POLICIERS

KATANGAIS (lg *

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ALBEHTVILLE, NON PAS EN QUALITE DE PRISONNIERS MAIS

SOUS LA PROTECTION BES FORCES DES NATIONS UNIES SOUS LAQUELLE

ILS SE SONT EU-KEMES PLACES, IL A ETE CONVENU CE QUI SUITS

TOUT CEUX QUI DESIRENT ETRE RAMENES A ELISABETHVILLE Y SERONT

TRANSPORTES LE PLUS RAPIDEMENT POSSIBLE PAR LOWUC »

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AT CEUX QUI EXPRIMENT LE DESIR DE RESTER A ALBERTVILLE OU

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mWWl PARA FYI XH REPLY TO QUERIES WE SAID

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lEpmWXUE HAVE NOW RECEIVES F0Li0«IMe Tfl© USTTESS

m/W/LA/ 10^495 ANB RIF$BEStE WIW/1&W0S OF 13

JANUARY QUOTE STOP FIRS ALETTES PARA NOUS AWNS LHONNEUR

BE VOUS COHFIRMER {IDS REGENTS ENTRF-T1ENS RELATIFS AUX

DC-3 ET AUX DEUX HELECOPTEHES £t NOTRE SOCIETE ACTUELLEMENT

SETEMUS A H,ISABETH?JUE STQP Ut SA^WA SA8ANT1T aBBtlj:

EST PRETE A EVACUER CES APPAREILS ET A PREMDRE TOUTES LES

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QUI DEVRONT ASSURER A ELISABETHVILLE LINSPECTION IT LA

DE CES APPAREILS STOP Et;VOUS REMERCIANT BE LA SUITE FA OR ABLE

RESERVES A NOS DIVERSES DEMARCHES ET BANS LATTENTE BE VOTRE

ACCORD DEFIKITIF CMA NCOS VOUS PRIONS DE CROIRE GHA MESSIEURS

EN NOTHE TRES HAUTE CONSIDERATION STOP SIGNE W.P/ MINE

BU SIRVltE ABmSIStaATtF St©f A eitLIS fHA *

DIRECTEUR STOP UNQUOTE QUOTE SECOND LETTER CONCERNS

»is RELieoPTESES SAIESA BASIS A ELISABETIWH.LE STOPCOKPLEf-ENTAIREKENT A NOTRE LET TOE DU 13 JANVIER 19 S2

CHA SOtfS VOUS PRIONS SE TR00?ES Cl-BESSDIS OS ITISEBAI8IH

VERS BEtRA fROPOSE PAS 80S SERVI6IS TECHNian^ KUSAOCT HVIjTj C-*

HBSLA CMA illSAXA SMA S1N0IA e«A SALISBSRY » 52 5§

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MESSIEURS CMU EN NOTRE HAUTE CONSIDERATION

f STOP ON THE BASIS OF THE AABOVE HAVE A6HEEB WITS FOR COMHAWBER

: AIRCRAFT COULD BE RETURNED TO SA0ENA CMA AND HAVE SO INFORMED

62-01109rl

Translated from French

UNATIOWS NEW YORK £-/*// / 5 9

SECRETARY-GENERAL FROM LINKER

FURTHER MY CABLE OF 10 JANUARY AND FOLLOWING DISCUSSIONS WITH SABENA

REPRESENTATIVES IN LEOPOLDVILLE HAVE NOW RECEIVED FOLLOWING TWO LETTERS

REFERENCE MW/M/LA/104405 AND REFERENCE W/MW/104405 OF 13 JANUARY. FIRST

LETTER:

"WE HAVE THE HONOUR TO CONFIRM OUR RECENT CONVERSATIONS RELATING TO

THE TWO; DC-3 AND THE TWO HELICOPTERS BELONGING TO THIS COMPANY AT PRESENT

DETAINED AT ELISABETHVILLE. SABENA GUARANTEES THAT IT IS PREPARED TOEVACUATE THESE MACHINES AND TO MAKE ALL ARRANGEMENTS TO PREVENT THEIRBEING USED HENCEFORTH BY THE PROVINCIAL AUTHORITIES OF KATANGA. THE TWODOUGLAS DC-3 WELL BE REMOVED TO USUMBURA. THEY WILL THEN BE TAKEN TOLEOPOLDVILLE WERE THEY WILL BE PLACED AT THE DISPOSAL OF AIR CONGO, ACONGOLESE NATIONAL COMPANY. WHEN FLYING THEY WILL BEAR THE MARKS OF THATCOMPANY. THE TWO HELICOPTERS 358 WILL BE TAKEN TO LOBITO WHERE THEY WILLBE DISMANTLED BY US AND RETURNED TO BELGIUM BY SEA. WE T/OLL FORWARD TOYOU AS SOON AS POSSIBLE THE FLIGHT PLANS TO BE USED AND LISTS OF THE CRBMSTO BE APPOINTED. Iffi 'WILL ALSO INFORM YOU OF THE NAMES OF THE TECHNICIANSBELONGING TO OUR COMPANY WHO WILL CARRY OUT THE:: INSPECTION AND SERVICINGOF THESE AIRCRAFT AT ELISABETHVILLE. THANKING YOU FOR YOUR FAVOURABLERECEPTION OF THE VARIOUS STEPS TAKEN BY US AND IN ANTICIPATION OF YOURFINAL AGREEMENT; WE HAVE THE HONOUR TO BE, ETC. SIGNED UP. MINE, CHIEFOF ADMINISTRATIVE SERVICES. A. GILLIS, DEPUTY DIRECTOR."SECOND LETTER CONCERNS EVACUATION OF THE SABENA HELICOPTERS BASED ON

ELISABETHVILLE:"WITH FURTHER REFERENCE TO OUR LETTER OF 13 JANUARY 1962, HfE APPEND AN

ITINERARY TO BEIRA PROPOSED BY OUR TECHNICAL SERVICES: ELISABETHVILLE,NDOLA, LUSAKA, SIWOIA, SALISBURY, UMTALI, BEIRA, THEN BY SHIP TO EUROPE.HOPING THAT THIS mLL BE SATISFACTORY TO YOU, WE HAVE THE HONOUR TO BE, ETC."ON THE BASIS OF THE ABOVE HAVE AGREED WITH FORCE COMMANDER THAT AIRCRAFT

COULD BE RETURNED TO SABENA, AND HAVE SO INFORMED ELISABETHVILLE.

5 1962

FILE NO.

Q ACTION COMPLETED

INITIALS., ___________ ...... _._ .......

SSS LEO

ETAT PRIORITE

UNATI0NS KEWYORK »

L-141 SECGEN FROM LINNER STOP FURTHER MY CABLE OF 10 JANUARY

AND FOLLOWING DISCUSSIONS WITH SABENA REPRESENTATIVES IN

LEOPOLBVILLE HAVE NOW RE%EIVEB FOLLOWING TWO LETTERS REFERENCE

JW/MW/LA/JGWlQf AND REFERENCE VTM/WiSMOS OF 13

JANUARY QUOTE STOP FIRST LETTER PARA NOUS AVONS LHONMEUR

BE VOUS CONFIRMER NOS REGENTS ENTRETIENS RELATIFS AUX BEOX«

DC-3 ET AUX BEUX HELECOPTERES DE NOTRE SGCJETE ACTUEUEMENT

RETENUS A ELISABETHVIUE STOP LA SABENA 6ARANTIT SUELLE

EST PRETE A EVAGHER CES APPAREILS ET A PRENBRE TOUTES LES

DISPOSITIONS VOULOES POUR &UIL3 NE PBtSSENT BORENA^ANT ETRE

UTILISE PAR LES AUTORITES PRQVINGIALES BU KATANGA STOP

LES BEUX BOUSLAS D€-3 SER0NT AeKEMINES«

VERS USUMBURA STOP ILS REJOINDRONT ENSUITE LEOPOLBVILLE

OU ILS SERONT MIS A LA DISPOSITION DAIR GONGO

SOe|ETE-NATIONALE.CONGOLAISE STOP ILS VOLERONT SOUS LE MARKINS

•^t&P^Eg-B^y-BEtt'gQPTCaBg—-S-SS-BEtfcONT £TR£'

A LOBITO OU ILS SERONT SEMONTES PAR NOS SOINS PGUR ETRE REKV0YES

HEFINITIVEMENT E *

PAR VOIE MARITIME STOPBES QUE POSSIBLE NOUS VOUS

F0URNIRONS DES PLANS DE VOL Qlfl SERONT ADOPTES ET LA LISTE BE

BUT SFBOMT nv<5 TCMFCCTrtD MrtHC VfnilC fronue

FOURNIRONS DES PLANS DE VOL QUI SERONT AEOPTES ET LA LISTE DE|

t.) EQUIPAGES QUI SERONT DESIGNESSTOP NOUS VOUS FERQNS ESALEMENT

1 SAVOIR LES MOMS DES TEGHNIGIENS m NOTRE SOGIETE1 QUI DEVROHT ASSURER A ELISABETHVILLE LINSPECTION IT LA M1SE

; EN EfAT *f

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f

I EN NOTRE TRES HAUTE COl^IDERATION STOP SIGNE W.P/ MINE

*' CHEF DU SERVICE ABMINISTRATIF STOP A 6ILLIS CMA »

SOUS DIREGTEUR STOP UNQUOTE ©UOTE SE60NB LETTER CONCERNS

EVACUATIONS BES HELIGOPTERES SABENA BASES A ELISABETHVILLE STOP

eOMPLEMENTAlREMENT A NOTRE LETTRE BU U *IANVIER 19 «g

€MA NOUS VOBS PRI0NS BE TS0UVER CJ-BESSOUS UN ITINERAJRE _ _H £? C

VERS BEIRA PROPOSE PAR NOS SERVICES TECHNIGUES ELISABETHVILL^ G&fc ±m e- ~i

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MESSIEURS €MU EN NOTRE HAUTE C0NSIBERATION UNQUOTE ,

STOP ON THE BASIS OF THE AABOVE HAVE AGREES WITH FOR COMMANDER

AIRCRAFT COULD BE RETURNEE TO SABENA CMA ANB HAVE SO INFORMED

ELISABETHVILLE -f

COL 19 OPRRPT Q.PRRPT 13 DG-3 S5S13

CY35 SSS LEO 3© 151S2SZ

UNATIGNS NEWYORK *

L-14S SECGEN FFiQM

FOLLOWING FR0M URGUHART AND DUMONTETt

INFO COPYJAN 15 1962

FILE NO.

ACTION

TO ......

EX6HANSE 0F H

PRISONERS CARRIED OUT ACCORDING TO ARRANGEMENTS AT 1S45 HOURS:':

L0CAt TIME, SEfAILS rstL0»tN€SS

COL itsc:

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JAN 1.5 1962

SSS LEO

ETAf PRIORI IE

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IM&SEBIATI

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QUOTE FRIENDS SERVICE COUNCIL QUAKERS LONDON ASK IF YOU WOULD

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U N I T E D N A T I O N S

Press ServicesOffice of Public Informatioh

United Nations, N.Y.

(For nse of information media — not an official record)

Press Release SG/1121CO/184

17 January 1962

STATEMENT BY ACTING,SECRETARY-GENERAL TJ THAHT

CONCERNING REPORTS OF KUKDERS IN KORGOLO

The Acting Secretary-General is deeply concerned about the reports of the

murder in Kongolo, northern Katanga, on 1 January 1962 of some 19 persons, priests

and possibly others, of a Catholic religious order. The information thus far

available, although limited and lacking official confirmation, points to another

shocking case of savage brutality. The Acting Secretary-General feels certain

that responsible Congolese authorities will exert every effort to ensure that

those who are guilty of such an outrage will "be quickly found and severely

punished.

* ##*

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DAY FROM ALBERTVILLE STOP THEY REPORTED 123 SOLDWERS,

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UNAT10NS NY*

L-1S4 SEGSEN FROM LINNER STOP

BRA2ZAVILLE THIS MORNINS REPORTS THAT TSHOMBE AND KIMBA HAVE _.:

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BRUKELUS 3i

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SEVERE ET IKMEBIATE ATTENDOfs BE

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Unofficial translatic

From Linner to SecGen 19 January 1962 Clear Cable No. 1-188

Following from Urquhart, Raja (Elleo 115):

"Following exchange letters with Tshombe, our letter to him dated

15 Jan 1962:

'Mr President,

Referring to the request you made to Mr. G. Dumontet in the course

of his meeting with you this morning, I have the bonoac to confirm the

following points:

1. We give you renewed assurance (see our letter of 28 December

1961) that the United Nations Forces have been ordered not to carry out

any arbitrary arrests. The Katangese forces are to follow the same rule.

2. In order to avoid any friction or misunderstanding, we suggest

that all efforts be made on your part to prevent Katangese gendarmes from

approaching the areas where United Nations troops are concentrated or those

which are placed under its exclusive control. This, of course, does not

apply to the police or to members of the Presidential guard.

3. Should the above-mentioned arrangements be violated, the Katangese

and United Nations authorities will, as appropriate, contact each other

immediately in order to settle amicably, as soon as possible, any mis-

understanding .

Please accept, etc.*

Answer from Tshombe dated 18 Jan 1962:

•I have the honour to acknowledge receipt of your letter of 15 January

1962,and I take note of the measures mentioned therein.

1. I confirm, on my part, that all provisions have been made to avoid

any arbitrary arrest by the Army, the Police or any other branch of the

Armed Forces.

2. I am ready in principle to consider in a positive manner the

problem of avoiding contacts between the Katangese and United Nations Forces

provided the rule to be established is reciprocal. The designation of the

places where the Forces are to be concentrated should be the result of a

comprehensive examination by the two parties concerned.

3. I confirm my desire to settle amicably and through negociations any

misunderstanding or incident that might occur in the application of the said

arrangements.

Please accept, etc...1 "

Unofficial translate

From Linnsr to SecGen 19 January 1962 Clear Cable No. 1-183

Following from Urquhart, Raja (Elleo 115):

"Folloiidng exchange letters with Tshombe, our letter to him dated

15 Jan 1962s

'Mr President,

Referring to the request you made to Mr. G. Dumontet in the course

of his meeting with you this morning, I have the honoua to confirm the

following points:

1. We give you renewed assurance (see our letter of 28 December

1961) that the United Mations Forces have been ordered not to carry out

any arbitrary arrests. The Katangese forces are to follow the saiae rule.

2. In order to avoid any friction or misunderstanding, -we suggest

that all efforts be made on your part to prevent Katangese gendarmes from

approaching the areas where United Nations troops are concentrated or those

which are placed under its exclusive control. This, of course, does not

apply to the police or to members of the Presidential guard.

3. Should the above-mentioned arrangements be violated, the Katangese

and United Nations authorities will, as appropriate, contact each other

immediately in order to settle amicably, as soon as possible, any mis-

understanding.

Please accept, etc,'

Ans\rer from Tshombe dated 18 Jan 1962:

'I have the honour to acknowledge receipt of your letter of 15 January

1962,and I take note of the measures mentioned therein.

1. I confirm, on ray part, that all provisions have been made to avoid

any arbitrary arrest by the Army, the Police or any other branch of the

Armed Forces.

2. I am ready in principle to consider in a positive manner the

problem of avoiding contacts between the Katangese and United Nations Forces

provided the rule to be established is reciprocal, the designation of the

places where the Forces are to be concentrated should be the result of a

comprehensive examination by the two parties concerned.

3« I confirm my desire to settle amicably and through negociations ai^

misunderstanding or incident that might occur in the application of the said

arrangements.

Please accept, etc...1 "

Our letter to Tschombe: confirming l.no arbitraryarrest by UW Force. Kat Force should do same. 2. Toavoid all friction Kat forces should not approach pointswhere UN Force concentrated or ander their control. Thisdoes not apply to police or body guard- 3- In case offriction UN and Kat authorities will immediately contacteach other to set things straight in amicable way.

Tschombe's reply: 1. confirming same from his side.2- in principle sgxgES disposed to envisage problem posi-tively to avoid contacts between forces on condition thatregulation will be reciprocal. Determination of concen-tration points should be done by examination by bothparties together. 3« Confirming to settle all disputesby way of amicable negociation.

TV

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UNATI0NS

NY *

L-1SS SEG0EN FROM LINNER,

FOLLOWING FROM URSUHART, RAJA CELLEO U5> : QUOTE

FOLLOWING EXCHANGE LETTERS WITH TSHOMBE, OUR LETTER TO HIM

BATEB 15 JAN 1S>62 S QUOTE

MONSIEUR LE PRESIDENT, $E REFERANT A LA RESUETE QUE VOUS AVE2

ABRESSEE A MR. G. BUMONTET *

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AU GOURS BE SON ENTRETIEN AVEC VOUS GE MATIN, J*AI

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BU 28 BEGEMBRE 19 «1) QUE LES FORCES BE L*ONU ONT RECU

L'ORBRE BE NE PROSEBER A AUCUNE ARRESTATION ARBITRAIRE.

LES *

FORCES KATANGAISES B01VENT OBSERVER LA MEME REGIE.

2) POUR EVITER TOUTE FRICTION ET TOUT MALENTENBU,

NOUS SUGGERONS aUE TOUS LES EFFORTS SOIENT FAITS BE VOTRE

PART POUR QUE LES GENDARMES KATANGAIS iN!E S'APPROCHENT

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3) EN GAS Bf INFRACTION AUX ARRANGEMENTS CI-BESSUS

LES AUTORITES KATA-NGAISES ET CEUES BE L'ONU, SELON LES

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PS/49 »

HAPIBEMENT POSSIBLE, A Lf AMIABLE, TOUT MALENTENBU.

JE VOUS PRIE B'AGREER ETC. UNQUOTE.

ANSWER FROK TSHOHBE BATES IS JAN 1962 t QUOTE

MONSIEUR LE REPRESENTANT, J 'AI L* HONNEUR B1 ACCUSER

RECEPTION BE VOTRE LETTRE BU 15 JANVIER 1962, ET PRENBS

ACTS BES BISPOSITIONS Y ENUMEREES. »

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2) JI SUIS, EN PRINCIPE, BISPOSE A ENVISAGER POSITIVE-

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CONTACTS ANTRE FORCES KATANGAISES ET CELLES BE Lf ONU A

CONDITION QUE LA REGIE A ETABLIS SOIT BASEE SUR RECIPROCITE.

LA BETERMINATION BES POINTS BI CONCENTRATION BES FORCES

BOIT FAIRS L fOBJET B'UN EXAKEN COMPREHENSIF BES BEUX

JE VQUS CONFIRM: MOW DESIR DE REGLER A L* AMI ABLE ET PAR =

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JE ?OUS PHIE Df A6REER ETC.,,

COi L~1S$ (ELLEO 115) 15 19^2 1) 2S i9gl 2) 3),. . . .

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Having learned with indignation and sadness of murderof Kong olo missionaries, we insist on severe andimmediate enquiry and expect from UW all necessarymeasures.

Van den Boeynants, President Social ChristiarParty

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UNO SEGRETAIRE GENERAL' ' * C/>

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PARTI SOCIAL CHRETIEN VANBENBOEYNANTS PRESIDENT

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P2/47*

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ONOFICIAL TRANSLATION

From Linner to Secretary-General 19 January 1962 Clear Cable L-193

Following letter reference 351/62 dated 18 January 1962 received from

Adoulat

"Subject: Kongolo incidents.

I have the honour to afcknowledge receipt of your letters GVT-106 and

115/62 of 16 and 17 January 1962, respectively.

For about 48 hours I was hoping that the news transmitted by your letter

of 15 January would not be confirmed. Unfortunately, information received since

then as well as your letter of 17 January did not leave any room for hope.

In the name of the Central Government, I would like to express our indignation

at such actions committed by some of our misled compatriots. The Council of

Ministers, meeting this morning in special session, has decided that an

investigation would be conducted immediately on the place of the crime in

order to discover the guilty persons. The Government appeals to the United

Nations for the occupation of North Katanga and Maniema by the International

Force within the shortest possible time - in particular Kongolo - in order to

permit the investigation to proceed quickly. The investigation Committee will

be placed under the chairmanship of Mr. Jason Sendwe, Special Commissioner

general for Katanga ; it will also include judges who will proceed v§ry shortly

to the place of the massacre. The Council of Ministers does not see any objection

to ONUC observers participating in the investigation.

Please accept,..."

Above is to be read in conjunction with my coded message of today.

OHOFICIAL

From Ldnner to Secretary-General 19 January 1962 Clear Cable L-193

Following letter reference 351/62 dated 18 January 1962 received from

Adoulas

"Subjects Kongols incidents.

I have the honour to acknowledge receipt of your letters QVT-106 and

115/62 of 16 and 17 January 1962, respectively.

For about 48 hours I was hoping that the news transmitted by your letter

of 15 January would not be confirmed. Unfortunately9 information received since

thea as well aa your letter of 1? January did not leave any room for hop©.

In the name of the Central Government, I would like to express our indignation

at such actions coumitted by some of our misled compatriots* The Council of

Ministersj meeting this morning in special session, has decided that an

investigation would be conducted immediately on the place of the crime in

order to discover the guilty parsons. The Government appeals to the United

Nations for the occupation of North Katanga and Maniema by the International

Force within the shortest possible time - in particular Kongolo - in order to

permit the investigation to proc ecj quickly. The investigation Committee -will

be placed voider the chairmanship of Mr. Jason Seadwe., Special Commissioner

general for Katanga j it will also include judges who will proceed v ry shortly

to the place of the massacre. The Council of Ministers does not see any objection

to 03J3UC observers participating in the investigation,

Please accept j,..11

Above is to be read in conjunction with ray coded message of today.

:'*GY35 S LEO 260/258 *9 173QZ «

ETATPRIORITE

UNATIONS S

NEWY0RK »

L-i$3 SECGEN FROM LINNER*

FOLLOWING LETTER REFERENCE 351/ <S2 DATED IS JANUARY 19 «2

RECEIVED FROM ADOULA CLN QUOTE OBJET CLN INCIDENTS KONGOLO«

MONSIEUR LE CHARGE DE MISSION, J*AI L*HONNEUR D*ACCUSER

RECEPTION • BE'VOS LETTRES GVT-106 ET 115/(S2 DES 1«

19 €2, RESPECTIVEMENT, *

P 2 * . ' . . . . . . .

PENDANT QUELQUE 48 HEURES J'AVAIS ESPERE QUE LES NOUVELLES

TRANSMISES PAR VOTRE LETTRE~DU 15 JANVIER NE SERAIENT PAS

CONFIRMEES, HELAS, DES INFORMATIONSREGUES DEPUIS ET VOTRE LETTRE

DU 17 JANVIER NE LAISSAIENT PLUS D'ESPOIR.JE VOUS PRIE DE CROIRE,

AU NOM DU GGUVERNEMENT CENTRAL, *

P3 *

A NOTRE INDIGNATION DEVANT DE TELS AGISSEMENTS DE LA PART

DE CERTAINS BE KOS COKPATRIOTES ESARES. LE CONSEIL DES

MINISTRES, GONVOSUE EN SEANCE EXTRAORDINAIRE CE MATIN,A DECIDE QU'UNE ENQUETE SERA MENEE IMMEDIATEMENT SURPLACE EN VUE'DE BECOUVRIR LES COUPABLES, LE GOUVERNEMENTFAIT APPEL A *P4 *

L* ASSISTANCE BE L'ONU POUR QUE LE NQRD-KATANGA ET

LE HANIEMA SOIENT^OCGUPES, DANS LE PLUS BREF DELAI POSSIBLE,

PAR LA FORCE INTERNATIONALE - NOTAMMENT KONGOLO - AFIN

Bf ASSURER LE DEROULEMENT RAPIDE DE LADITE ENQUETE.

LA COMMISSION D'ENQUETE SERA PLACES SOUS LA PRESIDENCE DE jj -^. : . l~J x--

M» JASON SENDEE* * i S- "~lc-, ^ -J

P5/5S * . _ > 5 -1

COKMISSAIRE GENERAL EXTRAORDINAIRE POUH LE KATANGA. ;; 1 j

ELLE GOMPRENDRA EN OUTRE DES MAGISTRATS QUE SE RENDRONT 'j \l :~ co

INGESSAMHENT SUR LES LIEUX DU MASSACRE. LE CONSEIL DES MINISTRES

NE VOIT AUGUN INCONVENIENT A CE QUE DES OBSERVATEURS DE L'ONUC

PARTICIPENT A L'ENQUETE* SALUTATIONS. UNQUOTE ABOVE

IS TO BE READ IN CONJUNCTION WITH MY CODED MESSAGE OF TODAY +

GOL L-193 351/S2 IS 19€2 GVT«1Q€ 115/62 15 17 1962

1? +

U N I T E D N A T I O N S

Press ServicesOffice of Public Information

United nations, N.Y.

(For use of information media -~ not an official record)

C A U T I O N Note No. 2 83Not for release before 19 January 196210 AM (EST) Saturday., 20 January

NOTE TO CORRESPONDENTS

In response to numerous queries from the world press and from other interested

sources, the following account of the fighting in Elisabethville, Katanga, during

the first part of last December and the immediate events leading up to that fight-

ing has been prepared by George Ivan Smith, who was serving as Chief of United

Nations civilian operations there at the time.

On 13 October Mr. Tshombe, Provincial President of Ilatanga, and a representa-

tive of the UN Secretariat signed at Elisabethville a protocol for carrying out

the provisions of a military cease-fire agreement which provided inter alia for

the prohibition of Katangese troop movements and a cessation of inflammatory

propaganda against the UN. It was understood as an express condition that the

agreement would not affect the application of the appropriate Security Council

and General Assembly resolutions. Mr. Tshombe and certain foreign elements sup-

porting him, however, in the apparent determination to convert secession into an

accomplished fact, did little to honor the agreement from its beginning. At least

237 persons, chiefly mercenaries, falling under paragraph A2 of the Security Coun-

cil resolution of 21 February 19&1, remained in Katanga, llany continued to assist

the Katanga government with military preparations for the attacks m ONUC person-

nel which occurred in November and December and with the propaganda campaigns

directed against the soldiers of many nationalities who had been sent to the Congo

by their governments in response to the UN resolutions.

On 2k- lloveniber 19&L, the Security Council passed a new resolution which

rejected Ilatanga's claim to be regarded as a sovereign state, declared firm support

of the Central Government and the unity and integrity of the Congo and strengthened

the authority of the Secretary-General in dealing with foreign elements respon-

sible for the Katanga situation.

(more)

<- 2 - Hote Ho. 21*8319 January 1962

At this point, the Tshombe regime, in clear violation of the provisions of the

cease-fire protocol, launched a violent and inflamatory campaign against the UN and

ONUC personnel. Broadcasts and press statements were made by President Tshombe and

several of his ministers directly aimed at inciting the people of Katanga to attack

the UN Jovcej. T'oe day after the Security Council resolution was passed, Mr. Tshombe

broadcast an ay;,' a.l to the people in which he said, "Hot one UN mercenary must

feel 2fife in any place whatever." He suggested that the populace be realy to use

rifles and spears, and even poisoned arrows against UN forces. This and similar

broadcasts and press statements by ministers of Mr. Tshombers regime incited the

fears of Africans and Europeans in Katanga to such an extent that they began a

series of attacks on and arrests of OMJC personnel.

On 29 November 1961, the Officer-in-Charge of OMJC, in a letter to Mr. Tshombe,

strongly protested against the speech he had made on 25 November. The full text may

be read in the Report to the Security Council, S/U9it-0/Add.l5 of 30 November 1961.

The letter emphasized that the Security Council resolution did not authorize an

organization, whose principal purposes are the maintenance of international peace

and security, to start a war against anybody.

"ONUC will continue to pursue the aims defined by the Security Counciland the General Assembly, if possible with the cooperation of the Katanganauthorities, but if necessary despite their opposition. The choice betweenpeaceful cooperation anc the catastrophe which would result from a resortto force depends entirely on the actions of the Katangan authorities, andif those actions should be so intemperate as to unleash hostilities againstwhich ONUC would be obliged to exercise its right of self-defense, theresponsibility therefore will rest solely on those authorities and not onthe United Nations. The provisions of the new resolution can easily be carriedinto effect without violence if the Katangan authorities wish it so. Forexample, you have stated on several occasions that there were no mercenariesleft in Katanga. The truth of that statement should have been, and still canbe, peacefully demonstrated to ONUC in a spirit of cooperation; by'contrast,the violent reactions of the Katangan regime on this subject arouse seriousdoubts as to the statement's accuracy." (S/494o/Add.l5/Annexl)

The letter reinined Mr. Tshombe that the late Secretary-General, Dag Hammarskjold,

on the day before his tragic death, had written to Mr. Tshombe as follows:

..."'The Security Council is convinced that the solution of the problem ofthe Congo is in the hands of the Congolese people itself, protected againstany outside interference, and that there can be no solution without conciliation.The Council would add that it is also convinced that any imposed solution whichis not the result of genuine conciliation would, far from settling anyproblem, greatly increase the danger of conflict within the Congo and thethreat to international peace and security1,"

(more)

-3- Note No.19 January 1962

The Officer-in-Charge of ONUC then went on to warn Mr. Tshombe of the serious

risks involved in a continued campaign of such inflammatory propaganda and concluded

by saying:

"The United Nations firmly desire the peaceful solution of ourconmon problems in conformity with the resolutions of the UnitedNations. But a renewal of hostilities provoked by your regime orby a campaign of atrocities unleashed accidentally or intentionallywould render any such solution impossible,"

Tragically, however, the propaganda campaign against ONUC and the plans made

by mercenaries and Katanga authorities for a trial of strength to oust ONUC from

Katanga territory led to a series of incidents against UN military and civilian

personnel and eventual fighting which are detailed in a Report to the Security

Council(S/49 0/Add.l6)of 6 December 1961. The Katangese Gendarmerie and paracommandos

set up a series of roadblocks in and around Elisabethville. These were clearly

designed to prevent free passage between OMJC Headquarters and the Swedish and Irish

Battalions in the first instance, and then between the airport and all ONUC establish-

ments. On the night of 2 December the first roadblock was set up at the traffic

tunnel leading to the Swedish and Irish camps. An Italian medical orderly of the

ONUC Italian Hospital, who was entirely unarmed and unescorted, was stopped that

evening at the roadblock, beaten several times and taken to the Gendarmerie camp.

On the same night, 7 Swedish, 2 Norwegian and one Argentine military member of

ONUC were abducted. Some were taken when they stopped at the tunnel roadblock.

Others, who happened to be billetted in villas outside their camp, were taken from

their beds after midnight by armed Katangese paracommandos.

On the afternoon of 3 December, 3 Swedish military personnel attempted to pass

through the traffic tunnel in their small civilian car. They were fired at from

behind by the Gendarmerie and the driver was killed instantly. The car then ran into

a tree, and as the other two Swedish soldiers vere getting out from the wreckage, they

were also shot from behind by the Gendarmerie and severely wounded. A doctor and

three medical personnel of the Swedish Battalion, who then went to the tunnel to

attend the victims of the shooting, were also taken into custody by the Katangese.

The UN chief civilian representative in Katanga protested to Mr. Kirnba, who was

then acting President of Katanga during Mr. Tshombe's temporary absence in France.

The provisions of the military cease-fire which had been scrupulously respected byOMJC Forces were supposed to be in effect, yet the Katangese military on the secondand third of December alone had killed one Swedish soldier, wounded two others andarrested eleven other Swedish soldiers, two Norwegians and one Indian. In addition,a few nights earlier, on 28 November, a Gurkha soldier had been shot in the back bya group of Katangese soldiers and the Indian Major who was with him disappeared. Onthe same evening the two chief UN civilian representatives in Katanga had beendragged from a diplomatic function by Katangese paracommandos and severely beatenand one of them was kidnapped. / \

- j- s Note No.19 January 1962

Information from later interrogations shows that the mercenaries who were

planning the Katangese military campaign had set out to secure as many UK hostages

as possible before the "trial of strength" against the UN which they were determined

to embark upon within the following few days.

On 4 December Brigadier Raja and Mr. Ivan Smith made a tour to brief unit

commanders and military staff, The purpose of their mission was once again to

emphasize to ONUC personnel that the Katangese authorities clearly were attempting to

force ONUC into military operations. At the briefing sessions the importance of

maximum restraint was stressed and understood by all concerned. It was made clear

to all senior officers that strong diplomatic action would be taken to secure the

freedom of the OMJC'personnel being held captive by the Katangese.

At this point it should be noted that on 2 December and on subsequent days for

more than one week OMJC was involved in rotating two of its battalions, the Swedish

and the Irish. During that week therefore, the OMJC Katanga force was at a maximum

disadvantage from the point of view of any military operations. It would be clear

to any impartial observer that the OMJC forces would not have begun rotating

battalions if operations on OMJC initiative were contemplated. The pattern of

roadblocks established by the Katangese just as the rotation was beginning, together

with information derived from subsequent interrogations, demonstrate that the

Katangese aim, after having divided the various OMJC battalions by the first set of

roadblocks, was then to deny ONUC use of the airfield so that reinforcements or

supplies could be cut off.

On U December the last and the key roadblock in the Katangese plan went down

on the road to the airport.

Document S/k Uof add. 16, of 6 December 196.1, a report to the Security Council,

tells in greater detail of the efforts made through negotiation with Mr. Kimba, the

acting President of Katanga, to remove the block and to withdraw the Katangese troops.

On the evening of k December Ifr, Kimba gave assurances to the United Nations and

to the Consuls and to the press that Katangese troops would be withdrawn from the

airport roadblock and the block removed, if the UN patrol which was at that moment

held up at the checkpoint, would simultaneously be withdrawn. As a gesture of good

faith in Mr. Kimba 's word, and in order to avoid an incident that would have

serious consequences, the OMJC Command withdrew its patrol.

The next day the Katangese roadblock was still in position, and it was subsequent-

ly discovered that the position had been strengthened by the addition of two

Katangese paracommando companies, three armoured cars, and some 60 mm mortars.

(more)

- 5 - Note No*19 January 1962

For a week the United Nations personnel in Elisabethville, both civilian and

military, had shown the utmost restraint in the face of every kind of provocation

and of growing evidence that a concerted and deliberate plan of hostile action was

being put into effect against them. As the UH patrol, in the afternoon of 5 Decem-

ber, moved toward the roadblock, the Katangese fired on it and wounded an Indian

driver of ONUC.

At every stage it was made clear to the Katangese Authorities, through the

Consular Corps, that the ONUC operations were solely to safeguard against arrest

and attack the personnel who had come to serve the United Nations in response to

the Security Council and General Assembly resolutions, and to ensure freedom of non-

offensive movement between ONUC installations essential to its legitimate operation.

For the first five or six days of fighting ONUC was constantly under attack.

Hay after day from 5 December onwards Katangese mortars fired up to 100 rounds daily

on ONUC Headquarters. On all routes used by ONUC personnel there was constant

sniping from civilian houses by mercenaries, gendarmes, and by local European

residents who had taken advantage of the free distribution of arms publicly announced

by President Tshcmbe in the previous week. As the result of mortar and small arms

fire of this kind, 21 UN personnel were killed, and 8^ wounded during the operations

in Elisabethville.

The mercenary leader of the Katangese forces, Colonel Faulques, had persuaded

the Katangese Authorities to make the city of Elisabethville the battleground for

Katanga and to lead the ONUC forces into a destructive house to house fighting

campaign within the city. In the interest, of the civilian population, ONUC strategy

was to avoid, to the fullest possible extent, any fighting in the town itself.

Instead, UN battalions were deployed around the perimeter.

The aims of the ONUC operations were strictly limited in nature. Essential free-

dom of movement had to be restored and ONUC personnel had to be protected. The

military operations undertaken by ONUC were essentially defensive actions against

snipers and to silence heavy fire against ONUC positions when it jeopardized the

lives of ONUC personnel. Katangese opposition could have been overcome very much

more quickly if the UN had felt free to use normal military means. Instead, however,

it took great care to protect, to the fullest extent possible, the lives of civilians

and minimize the destruction of property. ONUC Forces were instructed that when

their freedom of movement was not impeded or their personnel were not threatened,

no offensive action was called for. This is demonstrated by the fact that no attempts

were made by ONUC to prevent the peaceful withdrawal of Katangese Forces who left

Elisabethville even when they were taking military material with them along roads

that could easily have been covered by ONUC fire,

(more)

- 6 - Note No. 248519 January 1962

The Katnngese tactics, however, involved the deliberate use of civilian houses

for heavy and light arms fire, the use of factory installations for military action

and even the use of church towers and hospitals not only as military observation

points, but as positions for machine gun fire against ONUC troops. On many occasions

ONUC was forced to risk the lives of its own personnel when the Katangese mortars

could not be silenced by return fire because OKUC knew that they were firing from

residential areas and areas containing civilian refugees. Only in one case did UN

mortar fire or air action against the Katangese result in hits being made against a

hospital that wns not directly or indirectly involved in military action. This

single exception was when a stray shot struck the African hospital in Elisabethville

immediately adjoining the main military camp of Elisabethville from which the

strongest mortar fire against OMUC positions was coming.

The only industrial or commercial facilities damaged during the action were,

those being used as bases for military offensives against OMUC. The Union Miniere

industrial installations were being used by the mercenaries and the Katangese as a

redoubt in the last stages of fighting on the outskirts of Elisabethville. From

those installations three and perhaps four Bofors MM guns and a number of light

machine guns were being used against the Ethiopian positions. A clear 48-hour

warning was given to the Katangese authorities hat unless military action against

OHUC from that area was brought to an end, it would be necessary to neutralize it.

At every stage, OKUC by arrangements with Consuls and Katangese Authorities made

every effort to assist the safe passage of trains and other vehicles evacuating

civilians from Elisabethville. OKUC army units escorted families from areas in

which fighting occurred, OKUC gave armed escorts to the first Red Cross convoys

into areas isolated by the fighting. OMUC also provided escort for the local

workers to restore essential services for Elisabethville as quickly as possible.

In the confused and tragically disrupted conditions of operations in which,

contrary to all rules, civilians entered into fighting, there was bound to be

misunderstanding, error, rumor and propaganda.

When stories began to circulate alleging looting and rape by OKUC troops, special

measures were taken to investigate and to punish offenders. Strict orders were

issued to all battalions repeating that no civilian house was to be entered and no

civilian apprehended unless there were solid reasons to suspect the house and

occupants as having taken offensive action against OKUC forces. In the first two

or three days of fighting UN soldiers were brought under very heavy fire from

civilian residences and often from people in civilian dress. In addition the

Katangese and local Europeans illegally used the Red Cross symbol on vehicles for

(more)

- 7 - Note No, 248319 January 1962

military purposes to such an extent that the IEC was obliged to issue warnings on

the Katanga radio. Soldiers were trained to expect that military operations could

involve them only against military personnel In uniform; therefore firing by

mercenaries and some local non-Congolese residents in civilian cLv.os and use of

houses and Red Cross vehicles for offensive attacks created deep and dangerous

uncertainty. New command arrangements were made to brief and control all troops

in these unusual conditions. Joint patrols consisting of military personnel of

all nationalities involved were sent out. Within four days the situation was

brought under effective control. However, at that time some thousands of Africans,

because of tribal warfare, had been driven from their communes by Katangese gen-

darmes. They filter-id into town and along the fringes. Concurrently, many Euro-

pean families, en account of disturbed conditions, had evacuated, their homes.

Many of the Ai'ricr.ns began to enter empty homes and to loot them. Incorrectly, and

often for deliberate propaganda reasons, such looting vas charged to OMJC forces.

Orders to OEUC troops are clear. If found guilty of entering houses without

reason or Ipoting or apprehending civilians unjustifiably, they are to be punished

accordingly. Two cases of rape involving UN personnel appear to have been sub-

stantiated. One or two isolated cases of looting by UN personnel also were con-

firmed by investigations instituted by the commanders on the spot. Those found

guilty of these violations of the strict orders of the U1I Command either already

have been punished or mil be after due process.

One of the tragic results of propaganda campaigns against the United Nations

in connection with Katanga has bean that many local residents, African and

European, have been misled into believing that the United nations did in fact

have the. intention and the authority to use military means to force a political

solution. The very strong emotional reactions of those who had been so mis-

informed also accounted to a large extent for the curiously exaggerated reports

as to the scale of the operations as well as their nature. For example, there

were countless reports about "bombing" by United Nations aircraft. The truth

is that no bombs were dropped at all. All air strikes were against military tar-

gets using cannon and rockets, of which only 120 were fired. The total number of

armored cars employed by the UN in the operations consisted of nine, plus

eight scout cars. While the loss of a single life must be counted as tragic,

exaggerated reports have led people to suppose that hundreds of civilians may

(more)

- 8 - Note Wo. 2U8319 January 1962

have been killed or wounded. The total civilian casualties, including wounded, are

likely to prove to be no more than 50, the great majority of them suffering minor

wounds. Among Katangese military casualties, 200 Africans and 6 non-Congolese were

killed. The number of non-Congolese personnel apprehended by ONUC during the opera-

tions on suspicion of having engaged in military activities totalled 51. Of these,

19 have already been released after interrogation. The remainder are being held, in

conditions supervised by the International Red Cross, for further investigation to

judge whether they are persons for whom the appropriate action under paragraph A-2

of the Security Council resolution of 21 February applies,

All ONUC personnel in Katanga deeply regretted having to be involved in military

operations that would inevitably affect innocent civilians and disrupt their life and

industry and that feeling is shared by United Nations personnel everywhere. The

operations were forced upon ONUC by the kidnapping and murder of personnel at the

roadblocks and by the illegal attempts to frustrate the purposes of the Security

Council and General Assembly resolutions by severing ONUC's lines of communication.

The record shows without any doubt that ONUC confined itself during those operations

to defense of its personnel and insistence upon an essential freedom of movement.

That ONUC remained strictly within those terms of reference is shown by the fact

that, although there is no "cease-fire" in operation in Katanga now, ONUC suspended

its own military action as soon as firing against its personnel came to an end and

when its convoys were not hampered on their non-offensive journeys, ONUC civilian

and military personnel have given high priority to assisting in every way possible

the speediest return of industrial and essential services. It was in the interests

of the civilian population of Elisabethville that one whole battalion, much needed

in the defensive operations of early December, was tied down to assist in maintain-

ing law and order when over 40,000 tribesmen in a refugee camp outside Elisabethville

sought to take revenge on those whom they claimed had persecuted them. From the

time of the Kitona agreement more of the local people, African and European, began -

to perceive the true nature of the United Nations role and to work with ONUC in the

interests of their entire country.

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elected Kat. parliamentarians denounce genocideNorth Katanga. Demand understanding from Kasavubjz.Disapprove of all sfohfyKtwra administrative division inKatanga.Indignant of criminal movements of ANC in NorthKatanga. Demand peaceful negotiations and are surprisedof hostilities in North since accord Kmtona studies byKat. Parliament and presence of incontestable deputiesof Kat in Leo.

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AND SECURITY PERSONNEL, THIS IS RESUMPTION OF OPERATION BEGUN 11

JANUARY IN ORDER CONTRIBUTE TO RESTORATION NORMAL CONDITIONS AND LIFE

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UNOfflCIAL TRANSLATION

From Lirxner to Secretary-General 21 January 1962 Clear Cable L.213

Further my cable of 15 January have today received following letter from

Adoula (reference 349/62) of 20 January, which has been transmitted to Urquhart:

"I have the honour to acknowledge receipt of your letter GVT/103/62

concerning a request for a jurist by the President of the Provincial Government

of Katanga, I note that it is no longer the intention of the Provincial

Government of Katanga to request the services of a jurist whose mission urould

be to give an interpretation of the Fundamental Law. Such functions, as I

recalled in my letter of 10 January 1962 addressed to you, would come within

the exclusive jurisdiction of Parliament. Since that request is only a normal

request for assistance under the United Nations civilian operations in the

Congo, I have no objection, in principle, to the United Hations placing a

jurist at the disposal of the Provincial Government of Katanga, it being

understood that the said expert will never be called upon to judge the legality

of the Central Government's actions*

I avail myself of this opportunity to call your attention to the fact that/makes

the Central Government aney all reservations as to the legality of the present

deliberations of the Katangese Provincial Assembly. I note in that respect that

the draft submitted to the approval of the provincial advisers was presented by

a so-called comaission for foreign affairs, whereas under article 219, paragrah 1,

of the Fundamental Law, external relations come within the exclusive jurisdiction

of the Central Government. If the Government has always insisted for the

ordinance of the Chief of State to be carried out and for the Provincial Assembly

of Katanga to meet in Kamina, its only purpose was to allow not enly freedom of

deliberations but also the participation of all provincial advisers, which would

give, provided all these conditions are met, undeniable value to the decisions

made by the Provincial Assembly.

I vrould appreciate if you could communicate the contents of the present

letter to Mr. Tshombe.

Please accept ."

In view positive reply above trust you will make necessary arrangements

to send jurist soonest since only legal adviser we have here is Marcella whose

services we cannot spare.

Letter from Adoula for transmittal to Tshombe

agreeing to legal adviser for Tshombe.

cms sss LEO fciaAio 21 21242 p 1/32/50*

SI6OT FI0M LXNMER

CABLE OF 15 JANUARY HAtfE TOBAY RECEIVES FOLLOWING

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L ASSEMBLES PH©VItlGIAa: WK VALEOS IHCOKTIS TABLE.

V0US M OBLliSlIEZ EK VOULANT BIEN C0MMUNIQ0EH LE TEXTE BE LA

tETTHE A HQI«SIIim TSHOMiE STOP SALUTATIONS STOP

IN VIEW POSITIVE REPLY ABOVE T^JST YOU WILL ^AKE NECESSABY

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CORT^ON TREATMENT OF HOWARD CMA UPI PHOTOGRAPHER AMD CALVERT.

CMA AP PHOTOGRAPHER CMA BY TROOP? AT AIRPORT '"TOP TEXT FOLLOW

CUJ QUOTE" STATEMENT BY JIM HOUARD AriD BRIAN CALVERT CMA

21 »1 «62e

P2a

AT €*30 PM TFDt^ EVEMIHG WE "£HT TO LUANO AIRPORT TO PHOTOGRAPH

THE ARRIVAL OF KATAMGE«E PRI^OHER^ FROM ALBERTVILLE TOP WE

SHOWED OUR PA E*? TO TWO ^EJJTRIE*? QH THE UAY IMTO THE AIRPORT

ABB WERE ALLOWED IN fOP THE PLAE3E HAD ALREADY ARRIVED AMD

THE KATA8GES AMD THEIR FASHLIE*!

GETTIMG GOT ^TOP WE ^TARTED TAKING PICTURE* ^TO? A ^ERGEANT

OF THE DOGRA« ARRIVED AfJD TOLD CALVERT HE COULD NOT TAKE PICTURE?

«TOP THEY DID NOT ISITEFERS UITH HOWARD A« THEY «AID THEY

HIM «TOP CAU/ERT ARGUED WITH TIE ^ERGEAiIT WHO GRABBED HI«

<?TOP CALVERT «HOWED HI*? Utfe

AHD THE ^ESGEAI-IT TOLD HIM TO ^HUT UP ^TOP CALVERT BECAME

RATHER AKNOVED AMD TOLD HIM HOT TO BE "0 BLOODY/-' I LLV" '-TOP

THI<t HA<: APPARENTLY BECOME THE MAltJ CA1FE OF COMPLAINT AND

l^ BE^CRSBEQ A^ ABIKE OF TIE ^ERGEAtlT ^TOP C&U/EHI A^FCED FOR

Jtl OFFICER TO BE CALLED*

CAPTAXK GUPTA AJffilVED^TOP GUPTA vIEMT AiAY A»D f ?A2B

WOULD HAVE TO <?E£ THE COI4PAWY COMMANDER -TOP WE A«KE:: : ':• • • ' • ' . :

HMA OR TO GO TO UN HS *?tOP TlEY ^AID IJE SHOULD UAI" } V:

FIVE MIHUTE« UMTIL THE COMPANY COt-fl-lAEJOEU ARRIVED <"TO D

THXETY M3t8UTE«J AI® THEK» --- — .

TOOK TUO PICTURES S"

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yg 9ECIDEB TO GO <?TOP WE VAUCED.. TO THE SKIT VRERE THERE Iff

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TO THE BARRIES AND SHOWED HI*? IW T>A<W IfHSLE CMtfEHT

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!JA<r TOffiM UP ^TOP HOWARD

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SAID -«nr O H- ^op HOVARO IH<!I«TED OH HAVING A RECEIPTAMD THIS tfA«? GIVES <!tOP ¥E WERE TOLD «£ COULD GO CHA BUT THEN

FULCBSU ARRIVED STOP WO ON HELD SECURITY OFFICES'?

HAD HATCHED THE »HOtE INCIDEHf CtUU

XHCLUDIRGTHS ATTACK on CAIVEST CHA FULCHESX THEH AinitrEB ANBTOOK US TO «EE GmERAt RAJA CMA URO TOtD U«_@E REEDBCI A PA«S

EACH TIME ^E HEEDED TO TAKE PHOTOGRAPHS «TOP CSULLOCK POINTS

OUT THAT At MIDDAY CMA U^WJART AP<».Oei2E^ FOR NOT LETTSUG

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C' • 3

UNOFFICIAL TSANSUTIOH

From Linner to Secretary-General 22 January 1962 Wo. L.216

Further L-2Q5 following from Urquhart: (ELLEO 13?)

"Following just received from fshombl (20 January):i'Pursuant to our telephone conversation of this morning, I have the

honour to inform you that our Forces are stationed in gtm^KJia Bulula andlengw© -where they protect, inter alia, the Sulula mission. If there is adesire to co-operate Kith our Forces for the pacification and the mainte-nance of law and order in Kongolo, I wuld appreciate your informing meaccordingly and we shall give inmediately appropriate instructions toMajor Tshiiawanga. Please aceept ,ni

F LEO 42 22 1602Z *

ATAT

UNATIONS

NY *

L-217 SECGEN FROfJ LINNER STOP

FOLLOWING FROM URQUHART, RAJA (ELLEO 132) S QUOTE

MEANT TO SUGGEST BEFORE THAT OFFICIAL LETTER OF WARM APPRECIATION

SENN UNTIRING EFFORTS FOR ALL PRISONERS AS WELL AS EVERYTHING ELSE

SHOULD BE SENT BY NEWYORK, UNQUOTE *

H J3fTi r>o

COL L-217 133 + m c_

~o1C raC 2S tT_j ..Cr-' r^ -,

c:2H;T]

O

! OY 3* SSS LEO #U 83 184S 2 CJt

| ETAT PRIORITE

• i •, OMNIPRESS NEWY6RK

CARRUTHERS FROM HO STOP

FOLLOWING TEXTS OF REPORli ON INCIDENTS INVQLVIN6

TWO PRESS PHOTOGRAPHERS BY UN.SECURITY ©FFIGES TAMBtlRRINI AND MILITARY

SECURITY OFFICER AIRPORT ELISABETHVJLLE GLN PARA ONE TAMBURRINIS RE -

PORT aUOTE ON 21 .IANUARY 9t$2 ,

6MA AT ABOUT 800© HRS CMA WHILE ON ES60RT BBTY

P2

AT THE AIRPORT CMA I WITNESSES THE FOLLOWING INCIDENT CLK

ONE PAREN TWO PRESS REPORTERS CMA MR JIM H0WARB CMA UPI PHOTOGRAPHER

CMA AND BRIAN AiVERT CMA AP PHOTOCRAPHER CMA WERE ABOUND THE GROUP

OF PRISONERS WHO HAS JUST ARRIVED FROM ALBERTVXLLE STOP THEY WERE

TAKING PICTURES AND INTERVIEWING SOME

P3

OF THE PRIGS8NERS AND THE OFFICERS SENT FROM LA RESIDENCE TO MEET THEM

STOP PARA TWO PAREN THE REPORTES WERS ASKEB BY SERGEANT S UMRA© SINSH

AND SWAU RAM S00DEN CKA NOT TO TAKE PHOTOGRAPHS AND NOT TO INTERVIEW

THE PEOPLE INVOLVES JN THE OPERATION STOP THE SERGEANTS WERE f©U) BY

P4

THE REPORTERS THAT THEY WERE SUB&UOTE BLOODY FOOLS UNSUaQJJOTE ANB

THAT THEY SHOULD GALL THEIR COMMANDING OFFICER STOP PARA THREE PAREN

CAPTAIN GUPTA PAREN IN CHARGE OF AIRPORT SECURITY UNPAREM WAS CALLED

AND HE REQUESTED THE TOO REPORTERS NOT TO TAKE PHOTOGRAPHS STOP THE

REPORTERS REPLIES THAT THEY HAS AYE

Pf

SPECIAL AUTHORIZATION FROM BRIGADIER GENERAL RA^fA ALLOWING THEH

T0 ENTER THE AIRPORT AND TAKE ALL THE PH0T06RAFHS

THEY WANTED STOP THIS AUTHORIZATION WAS NOT STATES IN SITING OR ON

THE LAISSEZ PASSERS HELD BY THEM STOP CAPTAIN GUPTA ASKES THE TWO

GENTLEMEN TO WAIT FOR AYE FEW MINUTES WHILE RE TELEPHONED

PeSlIGABXER GENERAL RAJA FOR CONFIRMATION THAT THEY WERE AUTHORIZE® TO

TAKE gH@TSfiS.APHS;STOP,THE TWO REPORTERS SMA KGWEVEH CMA-REFUSEltf©

WEBE ASKED BY SEH8EANTS SING AND S00BEN

i ANB M MYSELF SMA TO WAIT FOR• PT "' f _•'\ AYE FEW MISUTES UNTIL CAPTAIN GUPTA RETURNED STOP

I IT WAS ALSO EXPLAINED TO THEM THAT THEY WOULB EE STOPPED FROM CROSS ING

THE AIRPORT GATE BY THE SENTINELS IF THEY ATTEMPTED TO BO SO BEFORE THE

RETURN OF CAPTAIN GUPTA STOP THEY THEN PROMPTLY TRIED TO CROSS THE

GATE GHA ONE

OF THEM KEEPING A FEW STEPS BEHIND THE OTHER CMA JUT

FAR ENOUGH TO TAKE PHOTOGRAPHS OF THE GUARDS STOPPPING THE FIRST ONE

-AT THE GATE STOP PARA FIVE PAREN AT THE GATE CMA THE FIRST REPORTER

*• CHA SHOWING HIS LAISSEZ PASSER GMA TRIED TO FORGE HIS WAY PAST THE

j BARRIER

AND THE GUARDS CMA WHILE THE OTHER WAS BUSY TAKING PHOTOGRAPHS

STOP THE LATTER WAS ASKED TO STOP USING HIS GAMER AND CMA AS HE DID

NOT/PAY ANY ATTENTION €MA HE WAS REQUESTED TO SURRENDER HIS CMAERA

: STOP HE REFUSED ANB THE SERGEANT HAD TO ENFORCE HIS REQUEST BY

'• P10

PULLING THE 6AMER A CMA IN SPITE OF THE REPORTERS RESISTANCE STOP IN THE

I SHUFFLE THAT FOLLOWED CMA THE REPORTER WAS PUSHED AND CMA LOSING HIS

I BALANCE CUA HE WENT DOWN ON THE GRASS STOP THIS WAS PHOTOGRAPHED BY TH&

REPORX X X BY THE OTHER REPORTER WH© WAS STILL STANDING AT THE GATE

STOP SIX

REP9RX X X BY f HE OTHER REPORTER WHi WAS STILL STANDING AT THE 6ATE

STOP SIX""*•

Ml

PAREN THE ABOVE IS AYE REPORT OF THE MERE FACTS CMA AND CMA IWILE I AH

REQUESTED TO ABSTAIN FROM MAKING ANY COMMENTS CMA SHOULD MENTION HERE

THAT THE TWO REPORTERS INVOLVES HAVE SHOWN AT AIL TINES CONTEMPT 6MA

PROVOCATION AND RUD1NESS STOP UN6UOTE PARA TWO MILITARY SECURITY OFFI6HJ

REPORT ;

PIS... • . . . . . . . . . _ . _ . . . . . . . . _

' COMING FKOHLE FOR RELEASE STOP THE LAST PLANE ARIVED AT 1S3© HRS STOP PARA TWO

PAREN WHEN I SAKE TO THE PMNE HY C NCOS REPORTED THAT MR CALMEST

HAS USED ABUSIVE LANGUAGE WHEN THEY WISHED TO CHECK HIS PASS ANB THEN

STOPPED HIK FROM TAKING PHOTOSRAPHS ST0P I TOLB MR SALVERT THAT HE HAD

BONE AYE MISTAKE STOP I WAS REauESTEi) TO ALLOW THEM TO TAKE PHOTSGRAPHSi

XXX PHOTOGRAPHS ANB THEN TAKE AWAY THEIR 6AMERAS STOP I AGREES TO THIS

STOP THE BEHAVIOUR OF THE JOURNALISTS CONTINUES TO BE PROVOCATIVE STOP

PARA THREE '

PAREN I THEN WENT TO THE TELEPHONE AT CONTROL TOTffER TO TALK TO THE

[ COMMANDER LEAVING INSTRUCTIONS WITH MY STAFF TO HOLE THESE

.> 5ENTLEMEN TILL MY RETURN ANB DISALLOW THEM FROM TAKING FURTHER4-- • ' .,| PHOTOGRAPHS STOP WHEN 1 CAME BACK I LEARNED THAT MR HOWARD TRIED• i

I TO FOR0E HIS WAY THROUGH

THE BARRIER ANB MR SAL ERT CONTINUED TO TAKE PHOTOGRAPHS IN SPITE

OF REPEATED INSTRUCTIONS BY HAV BRRAO SINSH TO STOP IT STOP THE

NCO THEN ASKED HIM TO HAND OVER HIS CAMERA STOP HE REFUSED TO DO §0

r AND AGAIN USED ABUSIVE LANGUAGE STOP THE CAMERA WAS THEN

; FORCIBLY TAKE

PJ6

H OFF FROM HIM AND IN THE PROCESS HE WAS PUSHED OVER STOP PARA

, FOUR PAREN I TOOK CAMERAS WITH FIRLMS OF BOTH THESE GENTLEMEN WHICH TORE

N OFF FROM KIM AND IN THE PROCESS HE WAS PUSHES OVER STOP PARA

FOUR PAREN I TOOK CAMERAS WITH FIRLMS OF BOTH THESE GENTLEMEN WHICH WER

LEFT LATER IN THE NIGHT WITH MR UHQUAHART ON COMMANDERS ORDERS STOP

PARA STOP PARA FIVE PAREN THE BEHAVIOUR OF THE JOURNALISTS WAS

PROVOCATIVE STOP I

P17/41

HAD THE IMPRESSION THAT MR HOWARD CJ5A WHO IS AYE SHREWDER PERSON

CMA PRODDED MR GALVERT AND USED HIM A3 AYE TOOL STOP

HOWEVER EXTREME RESTRAINT ANB TOLERANCE ON THE PART OF ALL MENs 01 D&Ym *-* £

AVOIDED AN UGLY SITUATION UNQUOTE -H- fn fa m,*, * iJi-3' i *• • • c> ss • ri

sf

ICFM ONUC 5<SS -H-

I T E D N A T I O N S

Press ServicesOffice of Public Information

United nations, H.Y.

(For use of information media — not an official record)

Press Release SG/1125CO/187

2k January 1962

UN LEGAL COUNSEL TO UITDERTAKE MIS3IOII

OF LEGAL AID TO KATANGA PROVINCIAL GOVUTdniEKT

Acting Secretary-General U Thant has designated Constantin Stavropoulos,

the United Rations Legal Counsel, to undertake a mission of legal assistance to

the provincial government of Katanga.

By a letter dated 15 January 19o2, Moise Tshombe, President of the provincial

government of Katanga, requested the temporary assistance of a United Nations

legal expert. Prime Minister Cyrille Adoula was consulted on the request, since

the United nations must deal only with the Central Government on such matters.

The Prime Minister informed the Officer-in-Charge of OIJUC,* in a letter dated

20 January 1962, that, since nothing more than a request for normal assistance,

as part of United Nations civilian operations in the Congo, was involved, he saw

no objection in principle to the provision "by the United nations to the provincial

government of Katanga of a legal expert, on the understanding that the exrpert con-

cerned would at no time be required to pass judgment on the legality of the Central

Government's actions.

Mr. Stavropoulos will leave Headquarters for Elisabethville, via Leopoldville,

on 28 January 1962 and is expected to complete his assignment within a fortnight

or so.

*

*UN Operation in the Congo

U N I T E D N A T I O N S

Press ServicesOffice of Pabl.c Information

United flatIons, N.Y.

(For use of information media -- not an official record)

Mote Mo. 2lj-85£4 January 1962

NOTE TO CORRESPONDENTS

The following is attributable to a UN spokesman:

Certain press reports of 24 January emanating from Leopoldville allege that

UN officials had proposed a combinsd action by Katanga and Central Government troops

against army mutineers in North Katanga and South Kivu.

Such reports are absolutely without foundation.

What was discussed afc a meeting held in Elicabethville on 2'(- January was the

question of mercenaries, when Mr, Tahombe assured the US representatives of his

firm intention of getting rid of the mercenaries once and for all. He showed them

a list of mercenaries who he said had been dismissed from service.

The UN representative replied that effective measures of inspection would be

necessary to verify this and suggested that the Katanga authorities should facilitate

the inspection in order to ensure the implementation of the relevant Security Council

resolutions.

One of the measures suggested was a joint UN-Katanga inspection of key areas,

and Mr. Tshombe agreed to prepare a detailed plan for the liquidation of mercenaries

which he would present to the UN representatives at a meeting on Thursday,

25 January.

* •*##• *•

CLEAR CABLE

CI 30 SSS LEO 259 25 1620Z

Etat priorite

UNATIONS NEW YORK

L-245SecGen from MacEoin

Brazzaville broadcast gave following report this afternoon:

"The Katangese Council of Ministers, meeting yesterday in Elisabethville,

heard a statement by Mr. Moise Tshombe on thepolitical and economic situation

in Katanga:

•We note that mutual understanding in the relations between Katanga and

the United Nations is being gradually restored, and we can only welcome such

a development.'

The President then criticized the United States which, according to him,

forced the United Nations to open fire. He then reiterated his intention to

co-operate with Leopoldville but demanded that the negotiations now in progress

be continued in a peaceful manner without foreign interference or any pressure

on the part of the United Nations Force. Mr. Tshombe emphasized that suffi-

cient cover is available for Katangese currency and that his government did not

envisage any devaluation measure. He warned certain organs or firms settled

in Katanga against any policy of speculation. He announced in that connexion

that very strict price control will be exercised. He also announced that

transfers of funds from Katanga to foreign countries would be resumed at the

end of February after the available government supplies in foreign currency

have been restored. Mr. Tshombe considered with optimism the economic

situation of the country. In conclusion, he paid tribute to the courage of

the Katangese gendarmerie and police."

sss; i?A? psiet Y

NEWARK*

MA6COIM.

BRAZZAVILLE S80ABC&ST GAVE FOLLOWING SEPOHT THIS AFTEItNOGN QUOTE

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mm A EUSABETHVILLE A ENTENBB m EXPOSE BE M KOXSE TSHOMBE SUE LA

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62-02161rw

CABLE

DATE: 28 JANUARY 1962

TO: THE SECRETARY-GENERAL

FROM: Mr. LINNER

ASP FROM ELISABETHVILLE TODAY REPORTED TOELOWIHG:

"TSHOMBE: 'COLLABORATION BETWEEN KATANGA AND THE LIMITED NATIONS

IS IMPORTANT FOR KATANGA, FOR THE CONGO AND FOR THE PEACE OF THE

WORLD'.

PRESIDENT TSHOMBE WAS PRESENT ON SATURDAY EVENING AT A

RECEPTION HEED AT THE IRISH CAMP OF THE UNITED NATIONS ON THE OCCASION

OF THE DEPARTURE OF GENERAL MACEOIN, SUPREME COMMANDER OF THE UNITED

NATIONS FORCE IN THE CONGO; WHO IS LEAVING HIS POST. 'THE BATTLES OF

SEPTEMBER AND DECEMBER WERE DUE TO MISUNDERSTANDINGS BETWEEN US',

STATED TEE KATANGESE PRESIDENT. 'NOW THAT MY GOVERNMENT AND THE

UNITED NATIONS ARE MEETING REGULARLY TO NEGOTIATE TOGETHER FOR

HOURS AT A TIME, THE WAY IS OPEN FOR FRIENDLY NEGOTIATIONS.' TO

BRIGADIER-GENERAL RAJAH, COMMANDER OF THE UNITED NATIONS INDIAN

FORCES, PRESIDENT TSHOMBE SAID 'WE NOW REGARD YOU AS ONE OF OUR FRIENDS'-

THEN, ADDRESSING HIMSELF MORE PARTICULARLY TO HIS IRISH HOSTS;

PRESIDENT TSHOMBE EXPRESSED THE HOPE THAT THE PRESENT COLLABORATION

BETWEEN THE KATANGESE GOVERNMENT AND THE UNITED NATIONS WOULD SPREAD

TO ALL THE PEOPLE OF KATANGA, BECAUSE SUCH COLLABORATION, HE

EXPLAINED, WAS IMPORTANT FOR KATANGA, FOR THE CONGO AND FOR THE PEACE

OF THE WORIB. 'WHEN YOU LEAVE KATANGA, I HOPE THAT YOU WILL COME

TO SAY GOODBYE TO US. I ALSO HOPE THAT FOR SOME OF US THIS "GOODBYE"

WILL BE NO MORE THAN "AU REVOIR".'"

AFP report on remarks by Twhoinbe at reception

at Irish camp - extremely friendly and cooperative

rf^/1 II

CY 13 FFF LEO 23*i 2S

ETAT

UMTIONS NEWYORK *

SES6EN FROM LINNERAFP FROM ELISABETH7ILLE TODAY REPORTED FOLLOWING: QUOTETSHOMBE: LA COLLABORATION KATANGA-ONU EST IMPORTANTEFOUR LE KATANGA , LE CONGO ET LA PAIX W MONBE«

LE PRESIDENT TSHOMBE A ETE LHOTE SAMEDI SOIR DUNERECEPTION ORGANISES AU CAMP IRLANDAIS SE LONU *fP2 *

A LOGCASION DU DEPART DU GENERAL MACEOIN, COMMANDANT SUPERIEUR

DES FORCES DE LONU AU CONSO, GUI 0UITTE SON POSTE. LES

8ATAILLES DE SEPTEMBRE ET DE DECEMBRE ONT ETE DUES A DES

MALENTENDUS ENTRE NOUS, A DECLARE LE PRESIDENT KATANGAIS.

MAINTENANT SUE &ON 50UVERNEMENT ET LES *

NATIONS UNIES SE RENCONTRENT REGULIEREMENT POUR NEGOCIER

PENDANT DES HEURES ENSEMBLE, LE CHEMIN EST OUVERT POUR DES

NEGOTIATIONS AMICALES. AU S1IGA0IER GENERAL RAJAH,

COMMANDANT LES FORCES INDIENNES DE LONU, LE PRESIDENT TSHOMBE

A DIT 5NOUS VOUS COMPTONS MAINTENANT COMME UN DE NOS AMIS .

PUIS, «

P4 *

SADRESSANT PLUS SPECIALEMENT A SES HOTES IRLANDAIS,

LE PRESIDENT TSHOMBE A EXPRIME LE SOUHAIT QUE LA COLLABORATION

A€TO£tLi:-EtTRE'tE aoUVERNEMERT KATANGAIS ET LONU SETENDE A TOUTE

^A POPULATION KATANGAISE PARCE QUE CETTE COLLABORATION,

•A-T-IL PREGISE, EST IMPORTANTE POUR LE KATANGA,

LE CONGO ET LA PAIX *

PI/33 *

BU MONBE% aUANB VOUS auiTTEREZ LE KATANGA, JESPERE QUE

VOUS NOUS BIREZ ADIEU, JE SOUHAITE EGALEMENT SUE POUR CERTAINS^ S2

DENTRE KOUS CET ADIEU NE SOIT QUUN AU REVOIR, UNQUOTE-h ™ feVrf / "77:y*-a-«j rv>> CX3~

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UNATIQNS NEVYORK « • •

LGAWYU »;'stCGEN FROM LINNER • '

AFP FROM ELISABETKVILLE TODAY REPORTED FOLLOV ; ING8 SUOTETSHOMBE8 LA COLLABORATION KATANGA-ONU. EST IMPORTANTEPOUR LE KATANGA , LE CONGO ET LA PAIX DU MONDE*

• LE PRESIDENT TSHOHBE A ETE LH07E SA!*FXr SOIR El^iLRECEPTION ORGANISES AU CAMP IRLAKDAI3 DE LONU »

A L'OCCASION DU DEPART DU GENERAL M A C E O I N , ' C O M M A N D A N T SUPERIEURDES FORCES D£ LONU AU CONGOp QUI QUITTE SON POSTE. LESBATAILLES DE SEPTEMBRE ET DE DECEMBRE ONT ETE DUES A DESMALENTJNDUS ENTRE NOUS, A DECLARE LE PRESIDENT KATANGAIS«MAINTEKANT CUE. MON GOUVERNEMENT ET LES •P3/51 «

NATIONS UNIES SE RENCONTRENT REGULJEREMENT POUR NEGOCIFS

'PENDANT DES KEURES ENSEMBLE', LE CKEKIN EST OUVERT POUR DES

NEGOCIATIONS AMICALES. AU _BRIGADIER GENERAL RAJAH,

COMKANBANT LES FORCES INDIENNES DE LONU, LE PRESIDENT TSHCMbE

A DIT INCUS, VOUS COMPTONS MAINTENANT COMME UN DE.NOS AMIS *

•PUIS, - ,

f * .»

SADRESSANT PLUS SPECIALEMENT A SES HOTES I R L A N D A I S , .

LE PRESIDENT TSHOMBE A EXPRIME LE SOUHAIT GUE LA COLLABORATION

;AtTlJELiE ENTRE^JLE GOUVEJiNEMENT KATANGAIS ET LONU_ SETENDE A_ TOUTE

_A POPULATION KATANGAISE PARCE QUE CETTE COLLABORATION, '

A-T-IL PRECISE, EST IMPORTANTE POUR LE KATANGA, .

LE CONGO ET LA PAIX *

P5/33 *' " ' '-^ - • . -^U -MONDE^HaSAMD VGUS^SFnf^li LE 'KATANGA, JE3PERE CU;Z _ ,

VCUS"NOUS DIRE2 ADIEU, JE SOUHAITE EGALESENT C U E - P O U R - C E R T A I N S

DENTRE NOUS GET ADIEU NE SOIT QUUK AU gEVOIR* UNCOJCIE+(•

COL L-2«7 -»- •

U N I T E D N A T I O

Press ServicesOffice of Public: Information

United Nations, W.Y, '

(For use of information nedia — not an official record)

Note No, 243628 January 1962

NOTE TO CORF.SSPCNDEJTS

Lieutenant-General Sean McKeown, Conniarider-in-Chief of the UN Force in the

Congo, today info-medjicting Secretrry-Gene'ral U Thant that Major Dick Lawscn

had now returned from the Kasongo and Kongolo area, and had radioed the following:t • «

, •"All European nuns and priests now safely evacuated from North Katanga.

No casualties except for the 22 killed at Kongolo. on 1 January. All Sola party

safe in Baudoinville. Do not 'consider any danger for Congolese Fathers in

Kasongo and have not evacuated them. Haw;e evacuated one Congolese .Monsignor and

three Congolese nuns frop Kongolo* Consider evactiation operation conpleted* n

i •»•

General McKeown added that Major Lawson was due to arrive in Leopold ville» ,

on Monday, 29 January, to submit a full report,

•* #

€YS SSS LEO 4 £29 11312 *

ETATPR10RITE

UNATIONS NEWY0RK *

L-2?i SECGEN FROM LINNER,

LUNBULA ARRIVED STAN YESTERDAY AFTERNOON. WITH HID? WERE MAJOR

BABA, Lf« KASANCANAY AND SIX SOLDIERS SAID TO BE CULPRITS OF

COKGOLO MASSACRE. ABJT. MANZAMBI WHO IS NCO MENTIONED BY

LAWSON WAS REPORTED TO HAVE ESCAPED +

L-271

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C~ "'"^

: 2:01

EREI FILE ;.:;•

JC A O Y : r : :! INITIALS

SSS 3S

UNNEB

1) RQL2-BENNETT HAS OFFICIALLY TAKEN OVER AS UN CIVILIAN

REPRESENHATIVE IN ELISABETHVILLE AS OF TOBAY 29*

2) lIRaUMART IS REMAINING EUSABETHVILLE TO REPRESENT

ON AS OBSERVER TO OLIVETS INQUICY+

oyO po> to SSx 5" 3S 5 O

l tTS i? 2»

mm

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SSS iEO 3S

KOt2-BEfJNETT HAS OFFICIAiLT TAKEN OVER AS UK CIVILIAN

IH ELISABETHVIiLE AS OF TO&AY 29*

•—? "-if**X«

mURCUVHART IS 8EWAINXNG EIISABETHVILIE T© REPRESE^^T

OBSERVER TO

FFF LEO im 2$ETAf

QNUG 72£ QPI 330 CA1HUTHEHS FROM HO $AJQR DICK LA® ON CMA

MAJOR CONRAD NWAWO CMA BOTH OF NIGERIAN CONTINGENT OMUC FORCES

CMA ACCOMPANIED BY VICTOR MONEKAY C^A SQNGQLESE INTERPRETER CMA

GAVE PRESS AT BRIEFING LEOPOLDVILLE THIS AFtEHNQG^ BLOW BY BLOW

ASGOUMT ©F MISSION TO KOMS©LQ AKB SURROUNDING*

IS*

AHEAS IN WHICH THEY BiOlfSHT FIVE PRIESTS AND S^UMS TO SAFETY STOP

AS SPOKESMAN CMA NOTED THAT WORLD HEAGTION TO MASSACRES HAVJKS

EFFECT m ACTIONS OF TROOPS IN AEEA AKB STATES THAT NORTH KATANGA

AREA N0¥ COMPLETELY EVACUATEB BY EBHOPEAI^S*

GENERAL LUNBULA AMI TSHOMBE BOTH HAVING PROVIBEB

TIANSPOET ANB PROTECTION STOP LAt-JSON ALSO STATES THAT THESE ARE

nmt QUOTE GOOB ELEMENTS UNQUOTE AMONG DISSIDENT HOOPS STOP ©UOTE

HAB IT NOT BEEN FOE THSH CMA m SAID WE WGULB NOT BE HERE NOW

PARA AT EARLIER BRIEFING THIS MORNING*

M/4S"

EKE REPOEtlB LANSING SATURDAY OF UUU NNM BB» CCC FOUR AT LUNSA

!ft ANGOLA STOP PLANE LEFT GOMA SAWIBAY MOSHING 10HKB FOR LEOPOLBVILLE

COLON STORMY LEATHER B80VE IT OFF COURSE STOP GRIt<J OF THREE AND

FIFTEEN PASS1KGEBS STILL AT USAHfift STOP ACTION BEING TAKEK

m?mti THEM LEOPOLBVILLI n>*"*•

330 -f > £g .^-i-yv . -™

c: >::" ::J~;r; 7™ [".))

UHiTED N A T I O N S

S E C U R I T YC O U N C I L

Distr.GENERAL

S/5053/Add.329 January 1962ENGLISHORIGINAL: ENGLISH/FRENCH

REPORT OF THE OFFICER-IN-CHARGE OF THE UNITED NATIONS OPERATIONIN THE CONGO TO THE SECRETARY-GENERAL ON DEVELOPMENTS RELATINGTO THE APPLICATION OF THE SECURITY COUNCIL RESOLUTIONS OF

21 FEBRUARY AND 2k NOVEMBER 1961

A. Report on developments lq Katanga vith special referenceto the prol3leifi Q£_jp5-rcenaries

1. As indicated in the report of the Officer-in-Charge (S/5053/Add.l, para. 32),

the Katanga provincial authorities had expressed their desire to resolve the

mercenary problem by peaceful means. From 27 December, at which date ONUC

contacts with these authorities were resumed for the purpose of achieving full

compliance with the Security Council resolutions of 21 February and

2k November 1961 (and especially in meetings with Mr. Tshombe and ministers of

the provincial government on 27, 28, 31 December and on 1, 12 and 21 January),

ONUC officials in Elisabethville continued to press, in the strongest terms, for

the urgent and complete elimination., without reservations, of all remaining

mercenaries from Katanga.

2. A new meeting was arranged on 2k January between Messrs. Tshoabe, Kimba,

Munongo and three senior officials of ONUC in Elisabethville. Mr. Tshombe

reiterated the provincial government's firm intention to liquidate, once and for

all, the mercenary problem and formally committed his government to that course.

He asserted that there were no foreign officers in the Katanga Gendarmerie, and

that the Gendarmerie officers themselves would never again tolerate them.

Mr. Tshombe produced a seven-page paper purporting to be a list of foreign

officers and "volunteers" with the severance compensation paid to them. He pointed

out the names of Messrs. Faulques, Labourdonnaic and Ege as examples of mercenaries

who had "been dismissed. Mr. Tshombe further gave details on the emulsion of

Mr. Falques, who had been escorted to the border under military guard during

the previous week.

S/5053/Add.3EnglishPage 2

3- The OMUC officials once again stressed the necessity for concrete measures

to "be taken urgently to eliminate the mercenary problem as a whole. Mr. Tshombe

replied that he was preparing a plan for liquidation of this problem and would

submit it to OWUC without delay. In communications to ONUC representatives in

Leopoldville and Elisabethville, the Acting Secretary-General has emphasized the

necessity of nailing it entirely clear to Mr. Tshombe and all Katangese authorities

that, if they did not take urgent steps to eliminate the mercenaries, OMJC would not

hesitate to take all necessary measures to do so.

k. On 25 January, the Officer-in-Charge, during a short stop-over in

Elisabethville, had a meeting with Mr. Tshombe which was also attended by

Messrs. Kimba, Munongo, Kibwe and three ONUC officials. The Officer-in-Charge

declared that there must be no further delay in complying with the Security Council

resolutions concerning mercenaries. He emphasized that the resolutions must be

enforced not only in Elisabethville but also at Kolwezi, Jadotville, Kipushi and

other such centres which, he had reason to believe, might be used by the

mercenaries if they chose to launch military operations again. Mr. Tshombe promised

to produce on the following day a plan detailing how the problem in those places

could be solved to OMJC's complete satisfaction. He added that Dr. Linner could

inform the Acting Secretary-General that he was thus formally committing himself

and his government to settling this problem forthwith and in its entirety.

5- On 26 January OMJC officials in Elisabethville again met with Messrs. Tshombe,

Kimba and Munongo. Mr. Tshombe submitted orally four points on the question of

mercenaries which he confirmed, later in the day, by a letter addressed to the

UN representative in Elisabethville (text in Annex I below) . The questions raised

in the last paragraph of this letter had not been presented, in these discussions,

as an element of the scheme.

6. With reference to the proposed joint commission, Mr. Tshombe indicated that it

would have access to Jadotville, Kolwezi and any other places it nay wish to visit.

He also added that in order to accomplish its task, the commission could stay

anywhere as long as it wished and call upon anyone.

7- Concerning his proposal for a time-limit, Mr. Tshombe emphasized that he felt

one month was the minimum required for the mercenaries to be expelled. He recalled

the public statement which he had made on 25 January to the effect that mercenaries

S/5053/Add.3EnglishPage 3

would be renewed;, and voiced fear that some of those affected would go into hiding

and it would thus take time to round them up.

8. OMJC's reply to Mr. Tshombe1s letter had not been communicated at the time of

the circulation of this report. It will therefore be circulated later, as an

addendum. In its reply, OMJC will note, of course, the comnitment of the Katangese

authorities to the elimination of all mercenaries from the Province, and to the

taking of concrete steps in order to complete that operation without delay. It

will request the immediate transmission to OMJC of the list of mercenaries referred

to in Mr. Tshombe's letter. The OMJC reply will state that measures for the

elimination of mercenaries must be undertaken immediately, and that the proposed

one-month delay is unacceptable. Concerning the suggestion of a joint body to

verify the elimination of the mercenaries, OMJC will find acceptable the idea of

one or more joint bodies which would have free access to all places in Katanga »and

without limitation on the nature of OMJC's representation.

B. Report on developments relating to Mr. A. Gizenga (continued)

9- It will be recalled from the report of the Gfficer-in-Charge (s/5053/Add.l,

para. 27) that the request for OMJC assistance in bringing Mr. Gizenga to

Leopoldville was made on 18 January 19 2 by Mr. S. Losala, President of Orientale

Province, and General Lundula (see text in Annex II below), and was endorsed by

Mr. C. Adoula, Prime Minister of the Central Government (see Annex III).

Mr. Gizenga had made a similar request in his letter to the Prime Minister of

l6 January (S/5053/Add.l, Annex VIl), and had stated in a message to the Acting

Secretary-General that he would hold the Secretary-General responsible for his

safety (ibid., Annex VIII). He had also requested OMJC protection orally on his

arrival in Leopoldville. This request was agreed to by the Prime Ministert,

(S/5C53/Add.2, Annex II), and was promptly granted by OMJC.

10. Accordingly, Mr. Gizenga was provided with suitable accommodation at OMJC

Headquarters in Leopoldville, and the necessary measures for his personal safety

and security were taken by OMJC. On the day after his arrival, however,

Mr. Gizenga addressed to the Officer-in-Charge of the United Nations Operation a

handwritten note (ibid., para. 3) in which he stated that his request for

"hospitality and security" was for one day only.

s/5053/Add.3EnglishPage k

11. The Officer-in-Charge transmitted a photostat copy of this request to the

Prime Minister, who replied on 22 January under reference kG /62 (see Annex IV

below).

12. In the afternoon of 23 January, the Officer-in-Charge addressed a letter to

Mr. Gizenga under reference GVT/127/62 (see Annex V). This letter was delivered

in person to Mr. Gizenga by one of the assistants of the Officer-in-Charge.

Mr. Gizenga read it carefully and gave the Officer-in-Charge's representative a

written acknowledgement of its receipt.

13. On the evening of 23 January, the Central Government decided to transfer

Mr. Gizenga from the residence which he had up to then occupied at

Avenue Lippens No. 78A, as the Congolese authorities felt that it would be

difficult for them fully to ensure the security of Mr. Gizenga if he remained

in the middle of a residential area. That evening Mr. Gizenga was given another

residence within the area of "Cent Maisons" at Camp Rhodeby.

14. On 25 January the Prime Minister, accompanied by Mr. Kasongo, President of

the Chamber of Representatives, Mr. Kournorico, President of the Senate, as well

as by Mr. Sendwe, Vice-Prime Minister, visited Mr. Gizenga and spent several

hours with him. Following this lengthy meeting the Presidence du Conseil issued

a communique in the morning of 26 January in which it stated that Mr. Gizenga was

not under house arrest, but that the Government had had to take certain security

measures to ensure his safety. Mr. Gizenga was reported to be in good health.

In this respect the office of the Prime Minister also announced the establishment

of a medical commission to ensure that Mr. Gizenga was provided with medical

attention at all times and that his living conditions were adequate. This

commission is composed of a government doctor, Mr. Gizenga' s personal physician,,

and a third doctor from the Red Cross. In the same communique the Government

indicated that Mr. Gizenga's family were authorized to visit him any time they

wished to do so.

15. In the morning of 25 January the Minister of the Interior of the Central

Government, Mr. C. Gbenye, declared to the Press that he could in no way be held

responsible for the situation in which Mr. Gizenga now found himself. Mr. Gbenye

also indicated that he had been prevented from visiting Mr. Gizenga, at first by

OWUC when I-Ir. Gizenga was accommodated at the Royal, and later by the Congolese

guards from the time that Mr. Gizenga1s protection was assumed by the Central

Government.

s/5053/Add.3EnglishPage 5

l6. As regards Mr. Gbenye' s statement that he was not permitted "by OMJC to visit

Mr. Gizenga, the Officer-in-Charge reports that at the time when the normal and

usual security measures were taken "by OMJC, at Mr. Gizenga's request, to ensure

his full protection, it had been decided that no visitors would "be allowed to see

Mr. Gizenga other than OHUC officials, in the course of their duty, or such other

persons as had "been previously authorized by the Prime Minister. I/hen Mr. Gbenye'

expressed the wish to visit Mr. Gizenga, these measures were explained to him.

Mr. Gb'enye then stated that he would immediately call the Prime Minister. The

Minister of the Interior did not again request to visit Mr. Gizenga, and the

Officer-in-Charge has no knowledge whether Mr. Gbenye in fact got in touch with

the Prime Minister.

S/5053/Add,EnglishAnnex IPage 1

ANNEX I

Letter dated 2? January 1962 from the President of theProvince of Katanga addressed to the ONUC representative

at Elisabethville

Following the meeting we have just held concerning the problem of the

mercenaries, the Government of Katanga wishes to confirm again that the

Katangese Gendarmerie has "been under the sole command of General Muke, assisted

by his general staff, which consists exclusively of Katangese. The former

foreign officers of our Gendarmerie left Katangese territory for good on

28 August 1961.

The Government is determined to expel the mercenaries who are still in

Katanga, and to do so within a month.

The Government is prepared to give the United Nations a list of all

mercenaries who have "been in Katanga. This list will enable the United Nations,

if it sees fit, to check with the Governments of the countries of origin of the

persons concerned.

As further proof of its genuine and sincere desire to settle this problem

once and for all, the Government of Katanga will propose to the United Nations

that a joint commission consisting of civilian representatives of the United

Nations and the Katangese Government should be set up with the task of seeking

out any mercenaries who try to escape the consequences of the measures taken.

The Katangese Government, having'thus shown once more its good faith and

its willingness to co-operate, requests the United Nations, for its part, to

demonstrate its desire for peace by freeing the military camps and industrial

establishments, by solving the problem of the refugee camps and by avoiding any

action which might prejudice peace or the economic development of the country.

I have the honour to be, etc.

(Signed) Moise TSHCMBEPresident of Katanga

s/5053/Add.3EnglishAnnex IIPage 1

ANNEX II

Letter dated 18 January 1962 from the President of OrientaleProvince and General Lundula addressed to the OMJC

representative at Stanleyville

Subject: Departure of Mr. A. Gizenga for Leopoldville

I have the honour to confirm the terms of the discussion we held this morning

in the presence of General Lundula concerning the departure of Mr. Antoine Gizenga

for Leopoldville. In the interests of his safety, my Government insists that

Mr. Gizenga should he flown to Leopoldville by a United Nations aircraft^ and not

by Air Congo. I should "be grateful if you would inform United Nations headquarters

in Leopoldville of my decision regarding this flight, which should take place

immediately.

I have the honour to 'be, etc.

(Signed) S. LOSALAPresident of the Provincial Government

I hereby certify that I am in full agreement with the above request.

(Signed) General Victor LUWDULA

s/5053/Add.3EnglishAnnex IIIPage 1

ANNEX III

Letter dated 19 January 1962 from the Prime Ministerof the Republic of the Congo addressed to the Officer-in-Charge of the United Nations Operation in the Congo

Subject: Mr. A. Gizenga

I have the honour to acknowledge receipt of your letter No. GVT-119/62 of

18 January, transmitting the text of messages received from Mr. Losala, the

Provincial President at Stanleyville^ and General Lundula.

I hereby agree to Mr. Gizenga's being conveyed from Stanleyville to

Leopoldville by ONUC.

I should be grateful if you would inform me of the exact time of arrival

of the aircraft bringing Mr. Gizenga.

I have the honour to be; etc.

(Signed) Cyrille ADOULAPrime Minister

S/5053/add.JEngli shAnnex IVPage 1

ANNEX IV

Letter dated 22 January 19&2 from the Prime Minister of the

Republic of the Congo addressed to the Officer-in-Charge of

the United Nations Operation in the Congo.

Subject: Mr. A. Gizenga

I have the honour to acknowledge receipt of your letter No. 122 of

22 January 1962, in which you sent me photostat copies of the letter addressed

to you "by Mr. A. Gizenga.

I note Mr. Gizenga's wish no longer to "be placed under United Nations

protection.

However, in view of the fact that Mr. Gizenga's presence in Leopoldville

might give rise to disturbances which might place his life in danger, the Central

Government has decided to take a number of immediate steps to ensure his personal

safety. '

Accordingly, Mr. Gizenga's transfer from the Royal to 78^ Avenue Lippens will

take place today at nightfall, and will be carried out by OWUC.

I have the honour to be, etc.

(Signed) C. AECUIA

s/5053/Add.3EnglishAnnex VPage 1

AJMEX V

Letter dated 27) January 1962 from the Gfficer-in-Charge of the UnitedNations Operation in the Congo addressed to Mr. Gizenga

To: Mr. Antoine Gizenga, 7&A Avenue Lippens, Leopoldville

I have the honour to acknowledge receipt of the note which you sent me on

the afternoon of 21 January 1962, in which you asked me to lift the security

measures taken "by OWUC at your request, so that you could leave the apartment

placed at your disposal in the Royal building by the United Nations Mission to

the Congo.

In accordance with your request it was agreed that arrangements would be

made for you to leave the Royal, as was your wish; this was done on the evening

of 22 January with your consent, thus enabling you to take up residence in the

villa made available to you by the Central Government at 7^A Avenue Lippens in

Leopoldville.

As a result of these new arrangements, I must point out to you that the

United Nations Mission in the Congo has been entirely relieved of all responsibility

for ensuring your safety since the moment when you were installed by the Central

Government in the residence at Avenue Lippens.

Please note that I am sending a copy of this letter to His Excellency the

Prime Minister of the Central Government.

I have the honour to be, etc.

N I T E D N A"T I O N S

Press ServicesOffice of Public Information

United lotions, N.Y.

(For use of information media -•>• not an official record)

NOTE TO CORRESPONDENTS

Note No. 248?. 29 January 1962

Jose Rola-Bennett has today assumed the position of United Nations Civilian

Representative in Elisabethville. He'.relieves Brian Urquhart, who has now completed

his assignment in the Congo as originally planned, although he has agreed tc stay on

In Elisabethville briefly to represent the United Nations as Observer in the inquiryi

into the death of Georges Olivet of the Red Cross. Mr. Urquhart will be returning

soon to his position at United Nations Headquarters as Assistant to Ralph J. Bunche,

Under-Secretary for Special Political Affairs.

The Acting Secretary-General took the occasion to express his appreciation of

the splendid service to the .United Nations rendered by Mr. Urquhart in his twoV

tours of duty in the Congo, and especially for the effectiveness and courage

demonstrated during his recent toissioa in Katanga. *

* # *

UNOFFICIAL TRANSLATION

From Linner to Secretary-General 30 January 1962 Clear Cable L» 2&8

Following reported by AFP evening 29 January and confirmed by Force

Commanders office:

"President Tshombe and Colonel Mitra, commanding the Gurkha Regiment

of the United Nations forces in Elisabethville, sealed their friendship in

blood. The. ceremony took place during a reception offered by Colonel Mitra

in honour of the Katangese President, After the dinner, the Colonel offered

Mr. Tshombe a Gurkha dagger with which he had slashed one of his wrists and

the blade of which was still covered with blood. The President repeated

the Indian Colonel's gesture to the fxBarafcizxsxxxfrsidfckK frenzied applause

of the Indian guests."

-fc.

TC

JAN 30 1962- < :.—•"fc

CY 32 FFF LEO US 30 1935 Z

ETAT

UNATIONS NY =

SECGEN FROM LINNER STOP •

FOLLOWING REPORTED BY AFP EVENING 29TH AND CONFIRMED

BY FORCE COMMANDERS OFFICE COLON QUOTE LE PRESIDENT

TSHOMBE ET LE COLONEL MITRA CMA COMMANDANT DU REGIMENT DES

GURKHAS DES FORCES BE L ONU A ELISABETHVILLE CM S CELLS HIER

S0IR LEUR AMI TIE DANS LE «

P 2 «

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"VUNITED N A T I O N S

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S i- /- i I n I T x/ ll^//^^5^^k GENERAL

E C U R I T Y Wtt#§MfflllC O U N C I L Wllli^ 305JanuaJy*l962

li,3|r ENGLISH^ S- ORIGINAL: FRENCH

REPORT OF THE OFFICER-TUT-CHARGE OF THE UNITED NATIONS OPERATIONIN THE CONGO TO THE SECRETARY-GENERAL ON DEVELOPMENTS RELATINGTO THE APPLICATION OF TEE SECURITY COUNCIL RESOLUTIONS OF

21 FEBRUARY AND 2k NOVEMBER 1961

Note "by the Secretary-General

The reply of ONUC to the letter from Mr, Tshonbe referred to in the report of

the Off:Lcer~in-Charge of the United Nations Operation in the Congo (S/5053/Add,3,.

paragraph 8} was delivered to Mr. Tshombe on 30 January 1962. The text" of this, . ,

reply is given below. ...

Letter dated 30 January 1962 from the Officer-in-Oharge of theUnited Nations_ Operatien in the Con-o, addressed to the President

of the Province of Katanga

I have the honour to inform you that your letter of 26 January about the

problem of the mercenaries, which you delivered to our representative at

Elisabethville for transmission to the Secretary-General, was immediately

transmitted to the latter.

The United Nations has noted with satisfaction your official statement that

the Katangese authorities are determined to expel all the mercenaries in Katanga

and are prepared to take concrete and final measures to complete this operation

without further delay.

With reference to paragraph 3 of your letter, I should be glad if, upon

receipt of this reply, you would arrange to transmit to me a list of all the

mercenaries who have been in Katanga and of those who are still there.

With regard to the time-limit of one month you propose for the complete

elimination of the mercenaries, I must once again draw your attention to the

urgency and importance attached to this operation "by the Security Council and the

General Assembly of the United Nations. The United Nations officials who reported

62-02230 /•••

'6

EnglishPage 2

on their discussions with you on this problem understood that you yourself were

very anxious to settle this problem as quickly as possible in close co-operation

with OHUC. Accordingly, the United Nations considers that the elimination of the

mercenaries should be undertaken immediately and should not be subject to the

time-limit mentioned in your letter.

The United Nations notes with interest your proposal that a joint commission

should be set up to ensure that this operation is carried out. The United Nations

agrees to the idea of one or more joint commissions, which would have free access

to all places to which they might wish to go. Nevertheless, I wish to emphasize

the fact that it is for the United Nations to decide who shall represent it on this

commission or these commissions and in particular to decide whether its

representatives should be civilian or military. If military representatives of

ONUC are appointed to serve on the commission or commissions, they will have to

remain in uniform while performing their duties.

2Y4g GENEVA 310 36 18002 a

UHATIONS

NEWYORK <=

HCR 110 FOR U THANT YOUR 14 AM ANXIOUS TO GIVE,YOU EVERY^ .*

ASSISTANCE PROBLEMS ELIZAEETHVILLE HOWEVER WE START THE PRESENT

YEAR WITH FIFTEEN POSTS iJis THAN LAST YEAR AND HAVE ALREADY COMMITTED

BRACKENBURY GUSSIWG AND TEBNOMERGFF TO THE CONGO OPERATION

STOP SITUATION CONCERNING THE THREE INDIVIDUALS »

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DOES NOT WISH A FURTHER PERIOD AWAY FROM HIS FAMILY EVEN

THOUGH IT MIGHT BE BETTER REWJDED HENCE HE WISHES ACCEPT OUR

'JOB, AND START MIDFEBRUARY «

PS *

STOP SUGGEST GUSSINGS OPINION BE ASKED ON ABDEL.JELLIL MRABET,

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US OF MRABET3 WISH TO ASSOCIATE HIMSELF tflTH WORK^FOR REFUGEES

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AS TO JOSEF D3AECHLER HE RECENTLY DESPATCHED BY LEAGUE, REB .CROSS

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CABLE LIMIT MY POSSIBILITIES STOP ONLY FURTHER SUGGESTION I CAN

OFFER IS RAYMOND LAVORATORI GENERAL SERVICE SOCIAL WORKER ACCOUNTANT

CLERK AT OUR CAIRO

P7/10 « -

WHOSE. INTEREST AND AVAILABILITY HAS ALREADY BEEN MADE, KNOWN

SCHNYDER + . .

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GENEVA- 310 30 1S002

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ACTIONJAN 1 0 ID62

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THOUGH IT MIGHT BE BETTER REWJDED HENCE HE WISHES ACCEPT OUR

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AS TO JOSEF MAECHLER HE RECENTLY DESPATCHED BY LEAGUE, RED GROSS

SOCIETIES TO TOGO AMD UNLIKELY RETURN. FOR SOME WEEKS STQT^BOUBTES

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OK HIS RETURN AND A MQST SERIOUS DELAY TO THE PROGRAMME STOP

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POST STOP HAVE REVIEWED ALL OUR STAFF IK LIGHT YOUR CABLE

BUT THE FACTS REFERRED TO AT OPENING OF CABLE LIMIT MY

POSSIBILITIES STOP 08LY FURTHER *

P7/42 *

suecffisnoN i CAN OFFER is RAYMOND LAVORATORI GENERAL SERVICESOCIAL WORKER ACCOUNTANT CLESK AT OUR CAIRO BRANCH WHOSE

INTEREST AND AVAILABILITY HAS ALREADY BEEN MADE KNOWN OE-3QUOTE

! GRATEFUL GUSSIN3 REACTION TO MRABET AKD LAVORATORI STOP

I PERSONNEL WORKING URGENTLY ON OTHER POSSIBILITIES "\

FIELDSER? +

UNOFFICIAL TRANSLATION

CLEAR CABLE L 292

31 JANUARY 1962

Secgen from Linner.

Rolz Bennett has received yesterday following cable which Tshombe is addressing

you:

"My Government and I wish to associate ourselves unjeervedly to the

protest raised by Mr. Adoula, Prime Minister, and by the Governments

represented at the Lagos Conference against the Soviet request for a

meeting of the Security Council on the Congo. Mow that the political problems

the Congo are about to be solved by sincere and constructive negotiations

and that mutual coneessions are putting an end to dissensions } the initiative

of the Soviet Government can only be construed as an attempt at direct

intervention into the internal affairs of our country. We call the attention

of the Secretary General of the United Nations to the harm that will undoubtedly

result from this initiative which is totally unjustified and is likely to

cause once more confusion and harm the cause of peace in that country which

has already suffered so much from external intervention.

The President of Katanga "

Cable from Tschombe top: he joins Adoula

in requesting not to hold Secco meeting asked

by USSR as this can only bring confusion while

Congo situation is on the way to solution.

"Y 4 S LEO 190 31 OS5SZ,

ETAT PRIORIT£

UWATIONS NEWYORK

SECGEN FROM LIMNER STOP

ROL2 BENNETT HAS RECEIVED YESTERDAY FOLLOWING CABLE WHICH

TSHOMBE IS ADRESSING YOU :

QUOTE STOP

MON GOUVERNEMENT ET MOI-MEME NOUS ASSOCIONS SANS RESERVE A

LA PROTESTATION ELEVEE PAR MONSIEUR LE PREMIER MINIS TRE ADOULA

AINSI QUE PAR LES GOUVERNEMENTS REPRESENTES A LA CONFERENCE

P2

BE LAGOS CONTRE LA DEMANDS SOVIETIOUE BE REUNION DU CONSIEL

AU MOMENT OU LES PROBLEMES POLITICOES DU CONGO SONT SUR LE PONINT

DE REGEVOIR UNE SOLUTION PAR LA VOIE DE NEGOCIATIONS SINCERES

ET CONSTRUCTIVES ET OU LES CONCESSIONS RECIPROQUES METTENT UN

TERME AUX

P3

DISSENSIONS CMA L INITIATIVE DO GOUVERNEMENT DE LURSS NE PEUT

ETRE INTERPRETEE QUE COMME UNE TENTATIVE DINTERVENTION

DIRECTS BANS LES AFFAIRES INTERIEURES DE NOTRE PAYS STOP

NOUS ATTIRONS L ATTENTION DE MONSIEUR LE SECRETAIRE GENERAL

DES NATIONS UNIES SUR LE MAL QUE NE MANQUERA PAS DE FAIRE A LA

CAUSE DE LA

P4/40

PAIX ET DE LORDRE CETTE INITIATIVE QUE RIEN NE JUSTIFIE ET QUI s— ! s rt

RISQUE BE JETER UNE KOUVELLE FOIS LA CONFUSION DANS CE PAYS r "°. rn t=;GUI A DEJA EU TANT A SOUFFRIR DES INTERVENTIONS EXTERIEURES ^ •--

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FROM USUMBOHA TO AVILLE AKBSECtUESTEB TO HAVE WEEKLY

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10

, IM OHSES TO AVOID AM? DIFFICULTIES FROM THAT OJB

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S LEO 37 01 11222 *

ETATFRIQIUTE

UNJZIONS

SECGEN FROM LINKER FOLLOWING FROM RQL2-BENNETT

(ELLEO 185 OF 31ST JAN) CLM QUOTE STAVROPOtfLOS ARRIVED

AT 1400H LT. DUE TO TSHOMBE'S ILLNESS MEETING WITH HIM

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QUOTE RED€ROSS SAYS OLIVET COMMISSION ¥ILL tffiET IN GENEVA ON

6 FEBRUARY. QUOTE POUR CONSTITUTION ET PRISE CONNAISSANCE

DOCUMENTATION EXISTANTE, UNQUOTE THEREFORE UNLIKELY TO ARRIVE

EVILLE BEFORE END NEXT WEEK, HAY I *

THEREFORE HAVE PERMISSION 60 RHODESIA WITH SENN ON SATURDAY 3

FEBRUARY FOR REST PENHNG ARRIVAL COMMISSION QUERY. UNQUOTE

2, GRATEFUL FOR YOUR ADVICE +

COL 3 ALSO 1« 2, 4-

—Io

UNOFFICIAL TRANSLATION Clear Cable

From Linaer to SecGen 1 February 1962 L-308

Today's Courrier d'Afrique reports:

"Following a motion adopted by the Chamber of Representatives to exert pressure

for the ratification by the Katangess Assembly of the 'Kitona agreements', the

Katangese governmental delegation in Leopoldville has just sent the following

cable to the Prime Minister, with information copies to the President of the Republic,

to the Senate, to the President of the Chamber, to President Tshombe and to the

Katangese Assembly:

'Following the motion adopted by the Chamber of Representatives to exert

pressure for the ratification of the Kitona agreements by the Katangese Assembly

and granting 8 days for the Katangese Government to accept these agreements

failing which hostilities would be resumed by the United Nations in Katanga,

we energetically protest against such harmful attitude adopted by some extremists

wishing to see the Congolese crisis turned to their advantage. The mass of the

people would be plunged into misery at a time when President Tshombe is con-

sidering ratification of the Kitona agreements by the Katangese Assembly assisted

by a United Nations adviser. Leopoldville continues its attacks through the

radio and press, minimizing chances of success. We request the Prime Minister

to use his influence with the members of Parliament in order to end such a

negative attitude likely to cause again serious and irreparable events and to

jeopardize once more the future of the Congo. Indeed, should Katanga be forced

to lose its patience, it would have to resort to the scorched earth policy.

The Central Government must assert its authority over Parliament. Nowhere in

the world does Parliament lead the country or take initiatives falling within

the competence of the government. The role of parliament is merely legislative,

not executive. Many members of Parliament are not in a position to understand

their responsibilities and are led by the nose by certain politicians. In view

of the above, we request the Prime Minister to tell us whether our presence

in Le >oldville is necessary.

Katangese Governmental Delegation1 "

IS FFF

mm

U1P3IR

"s 5

FEB 1-1962

! FILE NO.1 ACTION

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L-310. SECGEN FROM LINKER STOP L~"-'~""

1. A MEETING WAS HELD IN ELISABETHVILLE ON EIGHTEENTH JANUARY

BETWEEN ONUC AND THE BOURGMESTRES OF THE CITY3 COMMUNES FOR THE

PURPOSE OF A) CLEARING UP ILLEGAL OCCUPANTS AND B> RESETTLEMENT

©F REFUGEES, _

2, FOLLOWING RULES WERE APPROVED* <A) PRIORITY TO BE

GIVEN TO DECEMBER REFUGEES, (B3 SEPTEMBER REFUGEES TO BE

DIVIDED* <I) COHMON LAW CRIMINALS, CII) YOUTH,

cim THOSE; REFUSING TO GO BACK*3, ONUC REPRESENTATIVES WERE ASKED TO FIND OUT REFUGEES

FALLING UNDER (I) AND (II). AND THEY PROMISED TO GIVE A

LIST OF THESE FOR DISPOSAL BY GOVERNMENT,

4, IT WAS AGREED THE THIRD CATEGORY REFUGEES SHOULD BE REPATRIATED

TO THEIR PLACES OF ORIGIN.

5, DIFFICULTY IN RESETTLEMENT IN VARIOUS COMMUNES IS LACK OFHX

: VACANT HOUSES, LISTS OF ISgS SUCH HOUSES IN FOUR DIFFERENT

COMMUNES WERE GIVEN TO ONUC REPRESENTATIVES. 20 JANUARY WAS

FIXED AS DATE FOR RESETTLEMENT OPERATION, TRANSPORT ASSISTANCE

WILL BE GIVEN BY (LAREGIE DU FONDS DAVANCE>, (LADM-

MINISTRATION GENERALE) AND THE COMMUNES.

£« IT WAS ALSO AGREED THAT A CGMMUNICIUE SHOULD BE ISSUED OVER

RADIO AND PRESS ASKING SlfQTTERS TO LEAVE IMMEDIATELY THE HOUSES

THEY OCCUPY SO THAT THEY MAY BE RETURNED TO THEIR RIGHTFUL OCCUPANTS,*

*UNOFFICIAL TRANSIAWJN CLEAR CABJ

From Linner to SecGen 2 February 1962 L-316

Following extract from Le Peuple of 30 January:

"Fascist Adventure Ended Without Glory?

Salisbury, S. Rhodesia, 28 January.

A former officer of the Katangese Air Force, 06 of those 'horrible ones'

that Mr. Tshom.be has dismissed, stated that only a handful of his comrades

remained in Katanga. It is in Kipushi, on the border between Katanga and

N. Rhodesia, that the last 'horrible ones' are to be found. They can be

counted on the fingers of one hand, the former officer said, and before the

end of the week they -will have left also. Even the French officers who

constituted the leading nucleus have packed up. The majority of the French

high command have left after Major Rene Falques was dismissed. Referring to

the high salaries paid to mercenaries, the former officer, who wishes to

remain anonymous, stated: 'It was fine while it lasted, but now it's not

worth it. The few men who wanted to remain quickly changed their minds when

they heard that the United Nations had established a special anti-

mercenary unit to liquidate us.1 "

f

1 FFF im 221 2

TOtORK

FI^MOTBAGT FROM LE PEOPLE, OF 30

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, UM BE CiS ''AFFEEUX** tUE ?!* TSHQJ1SE A • "

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CY13 FFF LEO 103 3 11442*

JSTAT ' - -• •• _ r;',v;pL£T£n /' . . } ] • " * ' •

UNATIQNS NEWYGRK* ,, . ." . . . ... _.,„j

L-322 SECGEN FROM LINNER * "" ""'^l^JExJ

1. FURTHER MY MESSAGE OF 30 JANUARY QUOTING REPORT FROM JERKOVIC8

AM NOW ADVISED THAT STEVENS OF GEOMINES CMA MANONO CMA RRIVED

ELISABETHVILLE.AND WAS GIVEN FULL ASSISTANCE IN OBTAINING

MATERIALS AND SPARE PARTS TO NORMALIZE WORK AT

STEVENS HAS BEEN ABLE TO OBTAIN 4 TONS OF MATERIALS TO START

WORK OF BREWERY AND REQUESTED ONUC ASSISTANCE IN AIR LIFTING THEM.,'•

1. AFTER CONSULTATION WITH FORCE COMMANDER ,AHMED APPROVEDSHIPMENT ON SPACE AVAILABLE BASIS AND SUBJECT TO AGREEMENTGEOMINES TO PAY FREIGHT CHARGES AT NORMAL COMMERCIAL AIR FREIGHTSATES*

-if <£« •' r-0©L L-*SS2 3© 4 !• 2.4- p? ^? •' ~»

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ONU€ $§7 .

aARftWTHESS FROM HO : ____JL^.=««===«==^.

STOP FOLLOWING COMmiNIQtIE RELEASES HERE TOBAY QUOTE

IN THE COURSE OF A MEETING WHICH TOOK PLACE ON 2 FOSUARY BETWEEN

TSHONBE ON ONE AND AfJD ROLZBENNETT ANB GEOH6E SUMONTET ON THE OTHER

HAND TSHOMBE P8ESEMTEB PROPOSALS CONCERNING PROBLEM OF MERCENARIES

IN KATAN8A

mPARA THESE PROPOSALS OF TSH0H1E 1SERE IMMEDIATELY TRANSMITTED TO

fYI m ALSO ANNOUNCING TO PRESS THIS MORNING THAT INFORMAL MEETING OF A

JOINT MILITARY COMMITTEE HAS TAKEN PLACE WSTERBAY STOP TASK OF THIS

COMMITTEE IS EXCLUSIVELY TO PROCEED TO STUDY OF MEA&S OF REDUCING

IN

ELiSAsrrmriLLE STOP AN EXCHANGE OF VIETSS' TOOK PLACE \>miCH is TO—!.

m PURSUED ON WEBNESBAY f FEBRUARY AT 1S.OO -H- p

857 a 15*0©

UNITED N A T I O N S

S E C U R I T Y# C O U N C I L

Pistr.GENERAL

ENGLISHORIGINAL: FRENCH

REPORT OF THE OFFICER-IK-CHARGE OF THE UNITED NATIONS OPERATIONIN THE CONGO TO THE SECRETARY-GENERAL ON DEVELOPMENTS RELATINGTO THE APPLICATION OF THE SECURITY COUNCIL RESOLUTIONS OF '

21 FEBRUARY MD 2k NOVEMBER 1961

Note by 'the Secretary-General

The Gfficer-in-Charge of the United Nations Operation in the Congo reports

that, in the course of a meeting between him and Mr* Tshornhe held on 5 February 1962,

Mr. Tshombe delivered to him the two letters which are reproduced below.

1- First letter gated 2 February 1962 from the President ofthe Province of Katanga addressed to the Officer-in-Chajyge"off the United Nations Operation in the Congo

I have the honour to acknowledge receipt of your letter of 29 January in

reply to my letter of 26 January concerning the problem of the mercenaries.

I think it advisable to make clear the position of the Katangese Government

on certain-points dealt with in your letter so as to avoid once and for all any

misunderstanding concerning the problem in question, and I would be very grateful

if you would bring my reply to the attention of the Secretary-General.

As I clearly stated in my letter of 2.6 January, the Government is resolutely

determined to expel the mercenaries who may still be in Katanga.

By virtue of this decision, I .delivered to your representative at

Elisahethville on 30 January a complete list of the foreign officers who vere

serving in the Katangese gendarmerie up to 28 August 19&L. I wish to point out

that this list ends with 28 August because it was on that date that the foreign

officers of our gendarmerie left Katangese territory for good as I pointed out

in the second paragraph of my letter of 26 January.-' . With regard to the presence

I/ S/5053/Add,3> annex I, first paragraph,

62-02626

s/5053/Add,6EnglishPage 2

of mercenaries in Katanga after 28 August, I also wish to point out that in

addition, to the action which has already "been taken by the Goverr.mett and which

we firmly intend to continue, I specifically proposed the establishment of a joint

commission for the purpose of seeking out the mercenaries who, despite the

measures already taken by the Katangese Government, might attempt to hide in

Katargese territory. You will agree that this commisaion r.;eeds at least some

short time, even with all the means that will "be placed at its disposal by the

Government of Katanga, to carry out its task and in particular to ensure that all

persons affected by our decisions and seeking to escape will be found. The

reference in ray letter to a period"of one month represents what in my opinion is

a realistic estimate of the time that will be needed to carry out this operation

successfully. There is thus no question of this operation being conditional upon

a time-limit. The facts, moreover, speak for themselves, since, as I pointed out

to you at our meeting of 25 January, I already took immediate steps for the

expulsion of several notorious mercenaries. The operation was begun on our

own initiative before the present talks, and in so far as we are concerned, the

task of the Joint commission will consist merely of continuing and completing

this operation to the satisfaction of all.

With regard to the establishment of a joint commission, I have taken note

of your counter-proposal which was presented by those of your representatives with

whom I talked this morning. I am ready to give you further evidence of our

good faith by accepting, firstly, the establishment of several joint commissions

and, secondly - despite certain reservations in this regard, concerning the

efficiency of these commissions - the fact that their membership should be both

civilian and military. In so far as we are concerned, we are prepared to appoint

the Katangese members of these commissions. We came to an agreement with your

representatives concerning clarification of the principles that will govern the

activities of these commissions so as to ensure that they will be able to carry

out their task efficiently, I shall endeavour to present our proposals on this

subject to you without delay, bearing in mind that these commissions must start

to function as rapidly as possible.

S/5053/Add.6EnglishPage 3

With regard to the fifth paragraph of my.letter of 26 January, I wish to

bring to your attention the urgent need for re-establishing normal economic

conditions, in particular through the resumption of operations "by industrial

establishments, if the increasingly alarming threat of prolonged unemployment

is to be avoided.

Both you and your representatives assure me that it is the desire of the

United nations to bring about a favourable settlement of this question and of

those referred to in the same paragraph of my letter of 26 January. I am sure

that you will understand that this is a matter of great urgency.

I should like to add my personal thanks for your visit to us on 25 January,

and I only regret that ve did not have the benefit of similar contacts before

that date.

I have the honour to be, etc.

(Signed) Moise TSHOMBEPresident of Katanga

2. Second letter dated 2 February 1962 from the Presidentof the Province of Katanga addressed to the Offlcer-in-Charge of the United Nations Operation in the Congo

With reference to the question of the Joint commissions dealt with in

discussions with your representatives, in particular on 1 February, and in my

letter of today, I have the honour to present to you the following proposals:

FIEST. There will initially be established two Joint commissions responsible

for expediting the implementation of the General Assembly and Security Council

resolutions concerning the withdrawal and immediate evacuation of all mercenaries

and para-military personnel.

SECOND. Each commission will comprise two civilian members and two officers

on the Katangese side and two civilian members and two officers on the UNOC side,

the militsry members being allowed to be in uniform.

THIRD. These commissions will have access to all places to which they wish

to go and will "he granted all facilities in the accomplishment of their task for

the purposes of inquiry and investigation.

S/5053/Add.6-EnglishPage k

FOURTH. These commissions will also have full authority to take all kinds

of evidence concerning the mercenaries.

FIFTH* The Katangese Government will supply the commissions with all

information in its possession concerning the mercenaries and para-military

personnel, and in particular information originating with the gendarmerie, police

and security departments.

SIXTH. These commissions will be entitled to visit and inspect the gendarmeri

and any other armed Katangese unit.

SEVENTH. The Katangese authorities and the United Nations forces will render

all necessary assistance to the commissions so that the mercenaries and para-

military personnel may "be apprehended and expelled from the Congo.

EIGHTH. The commissions will be authorized to take all necessary measures

for the rapid and effective accomplishment of their task.

I have the honour to be, etc.

(Signed) Moise TSHOMBEPresident of Katanga

UNITED N A T I O N S

S E C U R I T YC O U N C I L

VDistr.GENERAL

S/5053/Add.6/Corr.l5 February 1962ENGLISHORIGINAL: FRENCH

REPORT OF THE OFFICER-IN-CHARGE OF THE UNITED NATIONS OPERATIONIN THE CONGO TO THE SECRETARY-GENERAL ON DEVELOPMENTS RELATING

TO THE APPLICATION OF THE SECURITY COUNCIL RESOLUTIONS OF21 FEBRUARY AND 2k NOV32MEER 196l

Corrigendum

The Note by the Secretary-General should read:

"The Officer-in-Charge of the United Nations Operation in the

Congo reports that, in the course of a meeting between the ONUC

representatives at (Elisabethville and Mr. Tshombe, held on

3 February 19&2, Mr. Tshombe delivered to them two letters, which

are reproduced below."

The beginning of the first paragraph on page 3 should read:

"With regard to the fifth point in my letter of 26 January,

I feel it my duty to bring to your attention .,.".

62-02644

Y0a S NY 92/90 5 tf232

ETA?

1002 LINNER FHQ^ BUNCHE TWO LETTERS FROM TSHOWBE DATES 2

F£Biy&R? HAVE BES^ CIRCULATES X8 BOCUKEBT $/SGSi/ABBi

WITH $QT£ FHD^ TH.E 8EGSCTARY S£N£RAL WHICH WAS IN EBROR.

ISS'UEB TOAY MAKES ^JOTE KEAD AS FOLLOWS COL OK

LE FQNCT!GJ3iM!B£ CHARSC BE t OPES All OH BES NATIONS

3HIES *

*

All CORCO SISK^LE €U ^y COIIRS & UI^E ENTREVUE 9.SE LES REPRESENT ANTS

BE LONOC A CUSABETHVILLE OKT EOE AVIC M TSHOMBE LI 3 FEVEIEI

I&fi2 C«A CE &ERNIEH LEOR A REMIS BEUI LETTSES DOST LE TEXTE

neu»£ ei DESSOUS mtaustc •*•

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SSS IEO 27 QS 10262

ETAf PRIOSItE

fSEGGEN FROM LINNER STOP KATANGA COMMAND ADVISED US THE

BG3'3 AND THE TWO HELICOPTERS PKVSICAUY TAKEN OVER BY

SABENA ON 5 FEBRUARY + -5 «j ; CJTJ r>j 2gI-"-" *MM^

m TI »Ho g rn

€01, L-32S De3'S 5 + 5 ' a

P? Oc-i 2:•*- CO

CABI& L 333

Secgen Frosa Liuner. Following from Bolz-Beanett:

"Following letter received from ITshorabe:

'I have the honour to acknowledge recMpt of your letter of

2 February 1962.

Since I requested the railway company of the Lower Congo in

Katanga to m&ke the necessary arrangements for the repair of the

"bridge on the X,ubilash to start as soon as possible f it is obvious

that I aja intending to co-operate in the repair to the extent of

our ajeans.

1 do »ot see, therefore why the K&tangese gendarmerie should

interfere with the progress of the work.

I know wore than anybody else the economic importance of

that bridge aad it is for that reason that I was concerned about

its repair even before you requested it.

Jplease accept *Moise fshomb© - 5 February 1962

* Letter from Tschombe stating that he will collaborate

, in every respect to have the bridge over the Ltibilash

repaired. He asked the railways to take all necessary

measures to this end, and does not see why the Kat

gendarmerie hinders the work. He knows more than any-

body how important this bridge is for the economy and

therefore instigated, before being asked, the repairs.

CY 20 S LEO 193/193 0$ U1S>2 *

ET AT PRIORITY

tf

"333 SEEGEN FROM LINNER

FOLLOWING FROM ROL2-BENNETT CELLED 210)S

QUOTE. FOLLOWING LETTER RECEIVED FROM TSHOMBE*

GUQTE« MONSIEUR LE REPRESENTANT, JAI LHONNEUR

DA6CUSER RECEPTION BE VOTRE LETTRE BATEE DU 2 FEVRIEC 1963.

IL EST EV1BENT CUE PUISQUE JAI DEMANDS A LA COMPAGNIE

BES CHEMINS DE FER BU BAS CONGO AU KATANGA DE PRENDRE TOUTES

LES DISPOSITIONS NECESSAIRES POUR SUE LA REPARATION DU

'PONT SUR LA LUSILASH PUISSE COMMENCES DANS LES DELAIS LES

• PLUS RAPIDES, CEST SUE JENTENDS COLLABORER DANS LA

MESURE DE NOS MOffiNS A CETTE REPARATION.

JE NE VOIS PAS PQURQtfOI, DANS CES CISCONSTANCES,LA GENDARMERIS KATANGAISE ENTRAVERAIT LE BON DEROULEMENTDES TRAVAlfX.

JE SAIS, MIEUX QUE QHICONQUE, LIMPORTANCE

ECONOMIQUE QUE REVET CE PONT ET CEST DAILLEURS LA

RAISON POUR LAQUELLE JE ME SUIS SOUCIE DE SA REMISE EN

SERVICE LA PLUS RAPIBE POSSIBLE AVANT MEME CLUE VOUS NEN

FASSIE2 LA DEMANDE.

JE VOUS PHIE DE RECEVOIR, MONSIEUR LE REPRESENTANT,

LASSURANCE DE MA TRES HAUTE CONSIDERATION. SIGNE LE

PRESIDENT DU KATANGA MOISE TSHOMBE,DATEE LE 5 FEVRIER

19 a. UNQUOTE +

rr;r~

ICO

INTERVIEW WITH A KATANGA TEBCEHAKST BY AHHE ASHE., OF THE j f f l , 19 JANUARYBbC,

Miss riiiHb; DM they tell y.,u y.,u WJL^ g-ing t- be a soldi ,-r for Kat

MERCEHAKE: No0 We were supposed to "be gendar&eEj you tec*?, "but evItnew what it was about 0 I was not in the first lot to gos there were erase who badgone before and HOTS was seat teefe from t&ea^ and we n-sfeed tlseir relatives .and•we Baew t&at wo were dolag^ you 3snow0 So I 'Isnev ^faat it erss s.'oout* Shey told ©ewj&at tile terms were - &HQ a, month 'basic, and 5,n all tMsa with all the otherextras -« —

Miss ASEB: SU.O a siont^l

MSESEHABY: Yes^ tfeat uas tlss fcaaie $*,j ar.a then uf eox^rsc you go-a ej;trarj an•well as tJaat-^ OB top* of thato itss o,ll prat in tlie "beiik « I used t:.' scr;id s^- ageoto South Africa,, aJJ. s^r wages 9 so -that when 1 eaass out of the ertsy it war. L-.l.lmalting for sso in the 1bank0 We had tSie beet of everythlnga you. }moi?j in theSatangese Ar^y0 When 1 first went there we bad Vclksvage&s for transporting

After thc^ '.rent ahout i^o closen sjiles th.^r scragped thca rind got Renni-lt':tfeoi^and sdlcs,, aiia they scrapped thsis and got Msrcsces Ber.K0 ^Isit :-??,-? whr^n T.

lefto 1 lost three rifles and nob-ccly worrisd about ita And the Salu&a,, j'cv, ••vo.o-s7#tba Bal'uba - they are also agslnst T-shombe,, as.ti^shos^e? so \-e just i-7ei.vi; oT;o.xly ••tlse 1sri4ies vas aU. Tjtora tip and "big liolas in the read » and v?hcn y^u ease to avillage if they didnst get otit of it qw3.c& you ,just ""Drrrrrrr" you 3sRoua 3,no, tlysvscatteredo They feavs their "bows and, arrows ar.d they clistj tha trees and try toshoot at yoUj but there was only a couple of "blolses killed, of

Miss ASSEj Did you tell sisyone yourself f

MERCENARY: Oa# aye - s, good few - not very meiaj,, 1 doaftt thieouldn't toll really Ijecaiase you jtuExssd oiit of the jeep and you. lay do*.ra on thegrass and you just ""brrrrr" wits a inaeMne -gtmt, 3!t is aa aurboEiatic r:ifle an.d ydon't know whether it9s yoiir bullet that K.lls tfecra or notc J?fc,yl33 a eo>-p.Ie ofaltogether c

Miss ASHEij But woi£Ldaet they include vosssn. ead cMMren and old peoplef

Hot so raany^ our Captain •$Jou!c!n*t allov? It0 You, were supposed toshoot, at them all - that ^ras t&a instructions you gr/c,, shoot at the lot^ destroytkeja^ feurn the village? kill tfes cbdcliens and goats s c^op the trees dc^n so ^ tae;1

go in tlse juxjglc and come bscfe they 1i-7on9t find anyfeMng tssreoco

Miss ASI23: Skese t-Tere tSae BsJ,tS}a trafeesmea?

MSRSEMARY: Yes^ tlaat ^as tfee Baluba, ye3o

Miss ASHSs ^rb that \foijld sjean tl^ey woisld. starve wfeen ttey aas,e

t was tfee idea., if you doast shoot, t&ssiu. starve tfeera to ds"but our C ptain ma what you sight' call a SnsjBnitarian type'aiio. he "believed in

you knew •uhat I mean0

2

Miss ASESs Well, dida8t you feal ysfeppy -arorfeiag in t&at IdnS of

MEBBEMRYi ETo5 I tfeKmg|£fc It ^as a great, life, Tslne0 ^here wex-e so regularyou "tfere free as a Mx^ you dicLa't eicels-ia or elocls-oufcj iU ^?a@ aice

you Mcw^ you got ovetyfeMng providsdg all you could eat^ ei^rettes andstuff lites tBatc Tou Ssaew all t&s t&s® ycnar ssoaey -sras piHag ^ in t&e

Miss AS^ls I was jttBt tMn^ings aet^^ll^^ of wor%isg rss^sr tSse Isstrudtlonsof people TI&O oydeared yow to M.H «5aaea and cMMren arid nips oufe

That •was tlie Belgians c Ideaj t^n tfcey said sfeootsaid tfee woiesn were iforse tban the rasn • and tlss MSs « 1>e Gauss tliey Mdtlas feuslies end "tfhen yon ^rsre passing, yoi?. ISsaaw^ tSiey 'S'ould cut you ^Titfe & aacfeete

Miss ASEEj Bab tfesy ^©re figfeing for ttaaselvea, you -were fluting for

Yesff tliey were figtekleg for tliesselTQS - I E©aaf, ths feliibas arefor a starb^ ttey are savages^ X is^ana so you SaaH class tfem aa^way a-3

people. 3J.lse aliooting se^- Eristsssn or evea

AKif BY AICC ASS-;,, OF SKS-; 2 1928

Miss 'SL; Did t&oy tell y-Ai y./u wor-o g ing t- foe a soldier fur Katanga'•s

MERCENARY: Ho0 We -were supposed to be gendarmes, you knew, "»ut eveiybody&new v&at it was about, Q I vras not In the first lot to go, t&ere were soise v?2aogone before and news vas sent fcae£ from t^esa, and we asfeed t&eir relatives acdwe Jsnesjr w&at we wore doing^ you Jmcw0 So I &new what it TSB& abouto Shey told mew&at tbe terras were - £110 a Biontla liasie^ and in aH tMs5 with all the otiaerextras — —

Miss ASHE: S110 a

MEKJEMRlfs Yasj tfeat was tlje "basle pay ana then of course you got esrferas asas t&at. on top of thato ltGs all ptit in the "bank - I used to send ny wages

to Soufc& Africa,, all ssy wages f so tSiat wfeen I eajse out of the ars^ It was allwaiting for ao in tbe banko We had tbs best of evez'ytMng5 you mow5 in tJaaEatangese Anagro Whan I first went tSsore we laad VoB?sifagens for transportingtroops o Afbor they -went about two closan sdleis 'ctiay scragped them and gotTwo thousand xailcs^ and they serapped tfeesa and got Mercedes Bens* TBtat ^lefto I lost tbree rifles and adbody ^orriad about it.0 And tSie Saluba^ .youthe BaliSsa » they are also against Ssbantse, aati«Q?sfeoBSiej so we just vrent openlyt&e "bridges Was all ^lown up and big Boles in tfee road - and tifeen you came to avillage if t&ey didnst get out of it quick you ^just "brrrrrrr1 you laaow^ and tscattered^ fliey feave tkeir l»cws and arrows aad they ellmb tSac trees and try tos&oot at yo% but there was only a couple of "felokss killed of oxir30

Miss ASHEs Did you kill anyone yourself!

MERCEEfARYs Ola^ aye - a good few - not very raany, I don°t tlsinlEo f^u Isnov youcouldu9t tell really because you $-®8!$a3. oufc of t&e jeep and you lay dcsm on tlaegrass and you jtist "brrrrr" ^ith a jiaacMne -gan0 St is an automatic rifle and youdon't toov whether it's youc bullet t&at Mils $3a&& or note Ifeybe a eoi\ple of doaenaltogetb.er000

Miss ASHEs But ^rouldn't t&ey include wosen and cMMren and old peoplef

MBHGENAHY: Hot so aany^ oiir Captain wouldn't allov it0 You, were supposed toshoot at theia all - that •eas tfee iastructions you got^ shoot at tlie lot^ destroytliem5 burn the village s kill the thickens and goats,, clsop the trees dorm so if theygo in the jungle and come "feae^ they won't find anytbiag tfeere000

Miss ASHE: 5Siese ^rere t&e Ba3.tgja trifeesmeaf

BSERCEIARYs Yes# 1&s,t ^as tfea Balisba# yes0

Miss ASHEs Bub that ^ould mean t&ey -wo^M starve •when tbsy came *baels3

MERCElSlARYs Tliat was the idea? if you aonst ahoot t&e®^ starve t^sem to"but our C ptain was wliat you laight call a feuiaanitarian type and he belie-yea, insercy, you know ty&at I 3sean0

Miss ASSSi tfell, didK

s Noj I t&oiigj<& it was a great, lif^ ;Tiaea '.Uho^a W23.V3 no rs^ulerhours 5 you vsre rfrea a© a "bird^ you &u!v?,3t cloo;;«i.-a or al-oos-oui-., 1'k W0.« ni.esweather j you kam?^ you got svaryfeSslng proviSjsds all you could eat^ ci^rettes eastuff life tlsito fou feiew all tfee frASSs yo^^c wn®j was pilfeg up Ja tljs ba

Mas ASESi I T?&@ 55«et tMaking^ r,otiiusl3^rg, of v?orM-Sjg jsi'ler t-Jio iof people HS&Q ordsred. you to Kill ^CG."?: ar.d e1 .1/:lr':-t o«S ~^i' caro

!MBe:siiMi;f s Stet ^ac t&e Bslginr^o 5> ifeo.^ v?h-x\ "Iv^y g&ia unoct cTor^aoy •^•...•;ytae »;Ci£en ^ere uos'se tfeas lihe j:\on « r.s,d th-3 ';;'.L'lr, -» laea^ti^a -Mt:.';f MS. u^<';ln^

bushes sad i«!s$& jt>u -ware pa/ssing, yox; l-ncrwr) tlr/j ••rcailcl o-'.-« you •with a n;um-vto,;

Jfiss ASSS? But tliftvj' vsr© flossing for tfetaaelvr.;;^ you -sforo flElsilr^ for jnoruy

they -KFers flghtir/; :?cr tho;;:Dclros - I moan,, -£is B^^aijiVG arsle for a starfc^, tlasj are SS^BS; 2 in-^an, so :; u ao3et eln.?:s -bi^m ^r^rsy c-.3

normal people, Hke sfeootiag sa^r IriRteisa or even

1 43/ut i 9VKK98

CS4UC^v,

ISO *

|0n HO FROM CHEVAIIEJI NEWYORK PRESS SITO FRONT PASS COVERAGE

TO STORIES ABOUT iMION MltUE&E CONSIDERING SHIFTING OF S0t€

KATANSA PAYMENTS -TO CENTRAL -REGIME STOP -MEVSP APSES ALSO

COVES 7ESTERBAY STATEMENTS BY ADOULA QUOTED AS SAYJR6 THAT

TSHQKBE SH0UU BE CIVEK A CHANCE TO P80?E HIS QITOTE 6000 *

Pi *FAITH UNQUOTE AKB tfXLUNSNESS TO COOPERATE IN THE REINTC6RAT10N

0F THE CONSO PAPERS ALSO £0?EE UPJ SOTSY FHOW E1ISABETKVILIE

ASAfiZNfi AS FOLLOWS COtOK SUOTE THE KATAJ3SA SO\TEBKMENT CHARGES

TOAY THAT MAEAPSI^S CONeotESE TROOPS HAB HASSAeiEB THE

BESIDENTS 0F A VILLAGE IN MOKTHEHN KATAi^A STOP THE COMNUNIQUE

1BEKT1FIE0 THE VIUASE AS «

IN THE AUERTVXLLE AREA STOP PARA THECOMMA TSHOMBE COf4MA C08FIRHEB TODAY THAT AfiREENENT

HAD BEEN REACHED WITH THE UN ON THE EXPULSION OF MERCENARIESFROM THE PROVINCES ARMED FORCES STOP UN&UOTE NO EDITORIAL

TODAY

COL

3 READ FIRST TEXT fiUTUKU RPT RUTtlKlT -fc <<

05

UNOFFICIAL TRANSLATION CLEAS GABLE

SecGen from Spinelli 8 February 1962 UNGSA 383

Follo-vdng my 362, I send for your approval terns of reference as revised byCommittee and agreed by ICRC and provisionally by mes

"Hie Acting Secretary-General of the United Nations and the International

Committee of the Red Cross entrust Professor Leopold Breitenecker, Director of the

Institute for Forensic Medicine, Viennaj Judge Bjoern Kjellin, President of the

Court of Appeal, Malmoe; and Colonel Hans Roost, Investigation Officer, Lucerne,

with the mission of carrying out impartially and independently an investigation

to ascertain, if possible, the facts and circumstances that caused the death of

Mr. Georges Olivet and his two companions, Mrs. Vroonen and Mr. Smeding, in

December 1961 in Elisabethville. themsel"Messrs. Breiteneckar, Kjellin and Hoost wili/establish the procedure they

intend to follow and they may resort to any means of investigation they deem

appropriate. The Acting Secretary-General of the United Nations and the InternationalCommittee of the Red Cross will do everything possible to facilitate the Commissions

task. The members of the Commission mil be assisted in the &a& performance of

their duties by representatives of the Acting Secretary-General of the United Nations

and of the International Committee of the Red Cross.

"The Commission will draft a report which will be sent t° 1&e Acting Secretary-General of the United Nations and to the International Committee of the Red Cross.

Messrs. Breitenecker, ^ Kjellin and Roost idll consider themselves-^ bound byprofessional secret. w

Committee in accepting terms of reference intends to make following declaration

not publicly but to UN and Red CrossiBIn view of the exceptional situation in which the Commission is called upon

to conduct its investigation, in particular because of the lack of legal powers,it accepts its mandate under the express condition that it will be assured of the

full co-operation of all parties concerned, namely of the United Nations organs,the International Committee of the Red Cross and the authorities concerned.

"Should such assistance be missing or should the Commission consider the

assistance insufficient, it would inform accordingly the Acting Secretary-General

of the United Hations and the International Committee of the Red Cross. Should the

Commission's request not be met in due course, the Commission reserves its right

as to the continuation of the investigation. The Commission expects that, unless

-/ .~ • / />-,

UHG7A 333 (coat'd) ~ 2 "

there is a major obstacle, ifcadc the Acting Secretary-General of the United Nations

and the International Committee of the Red Gross "will consider it possible to

publish the findings of its report.w

As Gosmittee flying Katanga tomorrow, Friday, grateful reply today.

OS OS03Z *

FILE HO.

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UNITED N A T I O N S

S E C U R I T YC O U N C I L

Distr.GENERAL

S/5053/Add.712 February 1962ENGLISHORIGINAL: FRENCH

REPORT OF THE OFFICER-III-CEARGE OF THE UNITED NATIONS OPERATIONIN TEE CONGO TO THE SECRETARY-GENERAL ON DEVELOPMENTS RELATING TO

THE APPLICATION OF THE SECURITY COUNCIL RESOLUTIONS OF21 FEBRUARY AND 2k NOVEMBER 1961

Note by the Secretary-General

The Officer-in-Charge of the United Nations Operation in the Congo reports

that on 10 February 1962 the representative of ONUC at Elizabethville delivered to

Mr. Tshombe a letter the text of which is reproduced below.

Letter, dated 10 February 1962, from the Officer-in-Chargeof the United Rations Operation in the Congo, addressed to

the President of the Province of Katanga

With reference to our conversations of 7 February 19&2, and in accordance with

what we agreed upon at that time, I have the honour to confirm below the points

upon which we reached agreement.

Joint Commissions for the expulsion of the mercenaries

A. To begin with, two joint commissions,whose task it will be to ensure the

expulsion of the mercenaries from Katanga, shall be established in accordance with

the arrangements agreed upon between yourself and the representatives of ONUC,

in particular during the meetings of 1 February, and set out in the letter which

you sent me on 2 February.

B. The membership of these commissions was settled on 7 and 8 February by the

reciprocal communication of the names af the civilian and military members of those

commissions.

C. The commissions are to start operating without delay, proceeding to Jadotville,

Kolwezi, Kipushi and any other places which it will be necessary and useful for them

to visit; they will stay there as long as is necessary. On 9 February these

commissions made their first visits, one going to Jadotville and the other to Kipushi.

62-03001 /...

S/5053/Add.TErglishPege 2

Resumption of operations at the Lubumbashi factory

For this purpose the United Nations is ready to provide what assistance it

can give, it being understood that it must maintain vhatever measures it deems fit

to ensure the necessary supervision of the factory's activities. Among the

arrangements made for that purpose, the supervision of certain sectors of the

installations, including the entrances to the factory and the power and water-

ptiEping stations, vill be exercised by ONUC civilian personnel (security personnel),

the factory as a whole and the approaches to it remaining under the reorganized

supervision of the ONUC Forces.

Presence of (MFC troops et Jadotville, Kolvezi, Kamina7ille, etc,and return of the Katangan gendarmerie to Camp Massart

In accordance with the principle that ONUC is to enjoy absolute freedom of

movement, ONUC troops will have free entry to Jadotville, Kolwezi and other places.

You are of the opinion that in the prevailing circumstances the presence of

OHUC troops at Jadotville and Kolwezi calls for psychological preparation,

particularly of the population. To that end, you have asked the United Nations to

assist you by the two following measures: the resumption of operations at the

Lubumbashi factory (which has been mentioned above) and the return of the

Katangan gendarmerie to Camp Massart.

With regard to the latter measure, it was during our second meeting

on 7 February that I gave you our reply, after consulting the Commanding Officer of

the United Nations Forces in the Congo who had accompanied me that day to

Elisabethville. You and I agreed that the Katangan gendarmerie should return to

Camp Massart, it being understood that this movement by the gtndarmerie would be

carefully synchronized with the entry *f OMJC forces into the places mentioned

above. This return »f the gendarmerie to Camp Massart is to take place gradually

and with the effective assistance, particularly at the administrative level, of the

ONUC forces, the complete elimination of the mercenaries, making possible the

ultimate withdrawal of ONUC supervision.

s/5053/Add.7EnglishPage 5

I feel compelled to stress very strongly a point whose extreme importance I

have already mentioned to you, namely, the urgent need f>r the presence of OKUC

tro«ps, particularly at Jsdotville and Kolwezi.

With regard to the necessity you feel for the psychological preparation of

the population, I am sure that tn announcement by you that the Lubumbashi factory

has been reopened will represent a step forward for you and will enable y«u to

make a clear statement of your intention regarding the presence of CNUC forces in

the above-mentioned places, this being represented as clear evidence of your

good will and of the co-operation between ONUC and the Katangan forces in

maintaining order and in paving the way towards a peaceful solution of Katanga's

problems. As we have agreed, a joint statement to that effect will avoid any

misunderstanding and ambiguity. A draft statement will be transmitted to you

very shortly.

I was glai to have a further opportunity of discussing with you privately

the problems on which the happiness of the Katangans and the peace of the f'Dngo

as a whole ultimately depend. I would add that I have taken due note of your

desire for the early achievement of a final and definitive solution.

I have the hon»ur to be, etc.

ElisabethvilleTo SecGen13 Feb 1962

Majority Muluba people of Katanga intend to remain

in one State of Katanga constituted by the legal

Govt and whose capital is Elisabethville. In case

of doubt we lie quest a referendum in all Katangan

territories so that the people themselves may

show their will. We are in a democratic country.

Sendwe will not be able to pretend that he is the

only Mxx 'valid1 Muluba. If there is no agreement

in the referendum, the Balubas hostile to Sendwe

request their own province.

For the Muluba Territories KWEMBE LEON (KAMINA)

MUKEMBE IGNANCE (KABALO)

NGOY BERTIN (MALEMBANKULU)

KISBffiA PAUL (MANONO)

TWADI ADOLPHE (BUKAMA)

KAKULU ALBERT (MITWABA)

NGOI GASTOW (KONGOLO)

PESHI SILAS (KABONGO)

HERE ONE FOR U

ii » X t \r

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135 13

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CLEAR CABLE

15 FEBRUARY 1962

SecGen from Gardiner - Following from Rolz-Bennet (Elleo 279 )f '•

"Following the official text of Tshombe's speech before Assembly

this morning at 10.30 hours, local time.

"Speech delivered by His Excellency the President of the State of

Katanga at the plenary meeting of the Rational Assembly of Katanga on

15 February 1962. Mr. President and gentlemen! /when I submitted to you™«nOT« ^ 5

on my return from Kitona over a month ago the famous eight points to

which we were asked to adhere, I drew your attention to the importance

of your deliberations for the future of Katanga, the Congo and the whole

of Africa. The seriousness with which you analysed the eight points,

the Act of 19 May 1960 known as the Fundamental Lay, and our own Katangese

Constitution showathat the Katangese are worthy of the trust which the

people have placed in them.

"2. Ifaat your wishes are, the world will soon know. But I want to recall

here what my Government and I have done in accordance with the eight points

of Kitona to bring about a reconciliation between Leopoldville and Elisabethville,* tv -.ltU. - . vM'ki.A i

a reconciliation which is «-pee4£ii and not merely \&*&&sM, .

"3« Bm>«'l> Our Deputies are at Leopoldville and are taking part in the proceedings.

There again the Katangese are showing diligence, a sense of their responsibilities

and a desire to act effectively.

"4. In addition a governmental delegation is sitting with the Constitutional

Reform Commission established by the Central Government.

"5« Lastly, we have undertaken to rebuilA the bridge over the Lubilash, the

orders have been placed, and the work will begin as soon as possible. Thistt£ xkl><np£,§^>

bridge is the symbol and first step iarbhe resumption of our economic relations.

2,

W6. Gentlemen, those are the facts.

"7. In view of this, what are the facts - not the speeches or the protestationsVO-SOA <•<•>, J &J1

of friendship, but the facts *i»fe*efe'/bhe Leopoldville Government or the United

Nations $s&e£lu®es| in order to bring about a reconciliation?

"8. Alas, here the record has little to show. Peace prevailed in North

Katanga, but on the pretebct of •tJHa«.i)AtiaiiLrestoring law and order disturbances

of which we can have only a faint idea have been created there.

fine kind of IHW and order itis\that affords a pretext for pillage,

murder and cannibalism. jpihe Katangese armyAjn contrast! which according

to some is not a regular force, has saved many lives at Kongolo and Sola.

The missionaries are in a place of safety at Baudouinville and the civilians

are within our walls.

"10. The Congolese National Army (MC) stt&tif$?k $jg|€te was to have restored

law and order. But it is now fighting with the young men of Mr. Sendwe,4 v»V« *•**« j\aaeLJae., utoo represents law and order. So we no longer understand; or rather,

we understand too well. There are facts, and there are words. Efforts are

being made, through a monstrous propaganda campaign, to make the world believe

that the words are the reality and that the facts do not exist. And there,

behind the face of the United Nations, we ftt>l$lEMt, uncover the methods of the

Americans . who have financed and are financing the war and the disturbances

in Katanga. For them, words count more than facts.

"11. But Katanga does not $&9&it judge by words. It too wants to stick to

facts. When the United States of America declares that it is a democratic

country but today, as last December, I am refused a visa becauseover^

that my presence/there would enlighten the American people

who, for their part, are freedom- loving, we Africans know where we stand.

"12. The State Department is under the thumb of greedy financiers who will not

rest until the Congo is a colony under their economic domination, or until

5.

Katanga1s copper has been eliminated from world competition.

"13. That, gentlemen, is not imagination. The facts confirm it

already,

1111!-. The factories of the Lubumbashi are in no sense a military oBjective.

Yet the United Nations, which should give human "beings throughout the

world, and hence the Katangese as well, the peace and happiness which are

inconceivable without work, is throwing thousands of workers out of employ-

ment for no very clear reason.yjHAr,

"15• Now the United Nations, which organized\fee/ hotbed of delinquency.

frtnrianrtfc^ the refugee camp, and which is passively watching massacre fa*fejag take

place in North Katanga without sending a single nassBs. man there, wants to go

to Jodotville and Kalowezi where peace reigns undisturbed.

nl6. What it wants to do is to create disturbances there, to stop the

factories and to throw thousands of our brothers out of work. All this

is for the benefit of the American eapitalistsj /Por it is they who are $&$

fcu'T'T'lij' miy.4 fbhe really) guilty ones, not the United Nations.

Y*k» /17« It is the Americans in the State Department w&aiv pay for and direct

the policy of the United Nations. Their interests are so much more important

than thousands of negroes who have only to return to their fields and their

bush, as is already the situation in the former Belgian Congo apart from

Katanga.

"18. You who represent Africans, you must not allow yourselves to be op swept

V"Jaway %y the wave of foreign intrigue. You must think that you are Africans,

and the sole pmfpBiiHi aim of your deliberations must be the interest of Africa.

4.

"19. It is fluun.jii.lmu MM so that happiness may be a reality for the men and women

of our people and of Africa that you will deliberate today, conscious of the importance

of the decision you are to take, not for us alone but above all for the Congo.*U0 --

"20. Today I .wish to address a fresh appeal to Mr. Adoula. TheJL

- as, alas, we were not at Kitona - will apply an African programme, reserved

Africans and decided by Africans. The result will be peace for our peoples, a

peace without which there will be no peace in Africa.

"21. We want to decide our fate $ ourselves and to join the Congo as we please, not

as the Americans please.

"22. Our principles are simple, gentlemen: to join with the Congo, as we have

always wanted to do; but in the interest of the peoples of Katanga and of the

Congo. Katanga has rights, which it has won by wording calmly, and with respect3

for the human person, for over HflHmmi eighteen months . We

on behalf of our peoples to protect that calm, that respect for the human person and

those rights which we have won.

"25. These principles are simple. Let us hope, for the peace and happiness of

Africa, that the nations and America can understand this."

|~~i \ J 9 S \^J I

FEB1519S2

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QUOTE DISCOUR3 PRONQCNE PAR SON EXCELLENCE MONSIEUR LE PRESIDENT

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NATIONALS W KATANGA, LE 15 FEVRIER 19 €2.

1 MONSIEUR LE PRESIDENT, MESSIEURS, L. LORSftU'IL Y

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P2 STARTS FFM LINE

Unofficial Trqnslation1. _L__L- l_ I m !•! « T__ r • «MMM*M ^.

To Secretary-General from Gardiner Clear Cable No. G-54 15 February 1962

Following received from Sta.vropoulos : " Following is official text qf resolution

as adopted todajr by Katangese Assembly by vote of 35 in favour, none a.gainst

and 4 abstentions; '* In the following resolution the Legislative Assembly of

Katanga summarizes the 8 articles of the draft declaration of Kitona.

The Assembly of Katanga,

Havinfe been convened in a second extraordinary session on 5 February 1962fit/ /

by a decree dated 23 December 1961 issued by $. President of Katanga for the

purpose of considering the draft declaration of Kitona dated 21 December 1961,

Bearing in mind the statement made by President Tghombe to this assembly

at the first extraordinary session on 3 January 1962, in which $he submitted

the draft declaration,

Having considered the 8 articles of the draft declaration of Kitona,

N oting that the Prime Minister of the Congo, Mr. Adoula, contrary to

what was the case previously, is offering to re-establish order in the former

Belgian Congo,.

Considering that in these circumstances there is good reason to collaborate

with the Central Government in order to restore order and peace in the country,

Noting that the urgent need to draw up a new constitution is accepted by

all parties concerned, , . , *, - £ • - , • • • '-

Considering that faithful eeR asjee- pfefe (the conclusions reached by the

Katangese Assembly on the draft declaration of Kitona might proudde a basis

for a settlement of the Katanga problem and put an end to the sufferings of the

population,

-2-

1. Accepts the Kitona draft declaration of 21 December 1961 as a possible basisS/ li*.S £--rw e /-s1

for discussionTwith a view to settling the Congolese conflict and atrijfeori&es

the Government of Katanga to make contact "with the Central Government in orderfa.

to arrive at a solution in the spirit of jf draft declaration and •urges the

Government of Katanga, to arrive at this solution through negotiation and

peaceful means within a short time,

2. Submits the following recommendations;

A. The Assembly expresses the wish that the fundamental jj_aw should in future

be applied strictly by the six p_rovineiaih governments and by the Central Government,- ••' ""that the appointment of a state commissioner should in future be made in

•e. •%.consultation with the head of the government or, in his absence, with the President

_ ___ -° "kke Assembl7 (Articles 181 and 201 of the Fundamental Law), it being understood,

inter alia, that the provisions on parliamentary immunities shall be strictly

observed, the progisions of Article 3 allowing amendments to the Fundamental Law;

B, The Assembly recommends that due account should be taken of the provisions

of Article 7 of tne Fundamental Law fixing the number of entities which make up the

State and establish*- their limits (see Article 159 of the Law)f declares that

Mr. Kasa-Vubu is President of the Congolese State as defined in Article 7 of the

Fundamental Law and insists that in future the Central Government should show4/

understanding /and make allowance for the special features of Katanga.. To that end

the Central Government, acting in the required spirit of conciliation, must

refrain from imposing sanctions on any civilian or military officials who have

carried out the orders of the Katangese Government since 3Q June I960. It must

also refrain from sending to Katanga any civilian or military officials hostile

to the Katangese authorities or armed forces likely to SEEKS disorder or panicWWAA^fc/

among the people. It ghaii/refrain from giving any support whatsoever to« f.e<*fK &».-. \r>

dissident parties'"' in Katanga and shall not offer any opposition to the re-

establishment of the authority of the Katangese Government throughout Katanga

-3-

in accordance with the provisions of the Fundamental Law. It shall take, in

agreement with the Government of Katanga, the measures necessary to balance the7

Bongo budget and shall forbid any monetary, fiscal or administrative measures

likely to prejudice the economic and financial situation of Katanga or the

effective operation of the public services.

D. The Assembly recommends that the work of drawing up the new constitution ,

talcing into account the requirements of each province should be brought to a

conclusion quickly in view of its urgent nature, so that the Congo may enjoy the

benefit of institutions based on the special conditions prevailing in the country.

E. The Assembly considers that in applying these provisions the Katangese

Government should come to an agreement with the Central Government on the

interpretation to be gig-en to Articles 23, 26 and 219 of the Fundamental Law

and insure that the authority for which provision is made in those articles

will be exercised in a manner to be decided in co-operation with the Government.•rtv-e-fe -teic ,

F. The Assembly decides that it is not for it" to give a decision on the

eighth article of the Draft Declaration which lies solely within trie competence

of the executive.

G. The Katangese Legislative Assembly reserves the right to ratify the final

agreements which will be concluded between the Leopoldville authorities and the

Katanga authorities in accordance with the mandate given to the Katangese Bovern-

ment.

Done at Elisabethville, on 15 February 1962

^Jfutakar-Wa-Dilomba Charles

President of the Legislative Assembly ofKatanga"

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