Foreign Relations of the United States, 1961–1963, Volume XX, Congo Crisis

274. Memorandum From the Department of State Executive Secretary (Brubeck) to the President’s Special Assistant for National Security Affairs (Bundy)¹

Washington, August 11, 1962.

SUBJECT

• Current Status of Proposed Action on the Congo

In a memorandum to the President of August 3, 1962, we outlined and enclosed drafts of a proposed program of action to achieve the prompt reintegration of Katanga. Those drafts were worked out in discussions with the British, Belgian, and French Embassies in Washington. At the same time those drafts were submitted to the President, they were also shown to U Thant and referred to the British, Belgian and French Governments for their views. We now have the comments of those Governments and the texts have been revised accordingly and again referred to the Governments for final approval. Copies of the revised texts are enclosed.² It is hoped that the revised texts will be approved quickly and that Gardiner can be authorized to present the program to Adoula no later than early in the week of August 13.

In the meantime, there have been some relevant developments in the Congo, which are described below.

Comments on Program

In general, the British and Belgian Governments approve and will support the “Proposal for National Reconciliation,” although the British Government has reservations on requiring Tshombe to agree to a definite division (50/50) of revenues and foreign exchange while a definitive distribution is negotiated. The Belgian Government approves and will support the “Course of Action” through Phase III, but does not commit itself to any specific action under Phase IV at this time. The British Government, in general, approves and will support the “Course of Action” through Phase II, although it has reservations on a number of details and will not take any action that would imply British participation in or approval of economic sanctions against Katanga or of actions that might lead to hostilities. The British Government will not participate in a voluntary boycott on Katangan copper, which is called for in Phase III. They will not, however, take any action to oppose other governments’ participating in such a boycott. There is enclosed an aide-memoire setting forth Lord Home’s position, which was given to the Department on August 9.³

The French Government will not participate in the program (although it will not oppose it) primarily on the ground that it is a program to be implemented by the United Nations.

Change in Texts

The major change in the text of the “Proposal for National Reconciliation” is the deletion in paragraph 7, at the request of the British and Belgians, of an explicit reference to freedom of movement of UN personnel. The two Governments believe that such a reference would decrease the likelihood of Tshombe’s accepting the Proposal. The Belgian Government is, however, willing to support the UN in pointing out to Tshombe that its forces have a right to freedom of movement and that such movements will be made only in the event circumstances indicate they may be necessary.

The major changes in the “Course of Action” paper are:

1. Changes to reflect the deletion of the specific reference to freedom of movement of UN forces.

2. The deletion of specific measures from Phase IV with the understanding that, if we should get to that point, the participating governments would consult with each other and with the UN on these and other measures.

3. The addition of cobalt to the boycott called for in Phase III. This was done at the request of Belgium. Since the United States imports approximately 75 percent of Katanga’s production, this is undoubtedly an effort by the Belgian Government to get the US materially involved in any boycott that should be imposed.

4. The following phrase was added to the introduction of Phase III to conform to the President’s decision that American participation in any steps beyond Phase II would be subject to his further review and decision: (The voluntary boycott will be applied) “subject to review and further consultation in the light of circumstances existing at that time”.

Developments in the Congo

In the past few days, the Government of the Congo has taken action to reassert its authority over air travel across Congolese territory, and particularly over air travel to and from Katanga. The UN in Léopoldville indicated it would cooperate with the Congolese Government by instructing its technicians who handle air traffic control at Congolese airports not to clear flights in and out of Katanga that are not authorized by the Central Government. The Government has also declared a suspension of telecommunications services between Katanga and other countries, unless such communications are sent via Léopoldville. In addition, the Government announced that business enterprises that support Katangan secession will not be permitted to conduct activities elsewhere in the Congo, and the Government created a special commission to study and propose legislation to carry out this policy.

The foregoing actions were interpreted in the press as the first steps in implementation of the plan of action reportedly being worked out between the US, Britain, and Belgium. The Belgian Government indicated that the timing of these measures created serious domestic political difficulties for it and would, in their view, adversely affect the prospects of Tshombe’s accepting the Proposal for National Reconciliation. The British also expressed their concern.

In view of the foregoing, the Department promptly registered a complaint with the UN because it had, contrary to our understanding with the UN, acted without prior consultation with us. At the same time, Ambassador Gullion pointed out to Adoula the difficulties that the taking of such actions at this time could put in the way of our efforts to get our action program approved and launched. Adoula indicated that he would prefer to act in a manner consistent with our action program, but in the absence of such a program he had had to begin a series of measures which would enable him to maintain his position. In response to a suggestion that a way could be found to apply his measures only pro forma, he indicated that he would go slow and would review his plans in light of our program when it was revealed to him.⁴ We believe that, once our program is presented to Adoula, he can be persuaded to soften the implementation of his measures in such a way as to relieve the Belgian Government’s difficulties. In the meantime, Adoula’s actions are not entirely without positive aspects since they have made clear to Tshombe and Belgian business interests the kinds of actions that will be taken if progress is not made soon on the reintegration of Katanga. More important, they have dramatically enhanced Adoula’s prestige in his own country.

As further views from the participating governments and the UN are received and as other significant developments occur, we will keep you fully and currently informed.

WB

Enclosure

⁵

COURSE OF ACTION

The Representative of the Acting Secretary General will take the following course of action and will be informed that governments are prepared to take the actions mentioned below in order to support the adoption of the Proposal for National Reconciliation and to achieve the reintegration of Katanga.

Phase I

A. The Proposal for National Reconciliation and the course of action set forth in this memorandum will be presented immediately to the Acting Secretary General of the United Nations.

B. If the Proposal and the course of action are approved by the Acting Secretary General, the Governments’ final approval to presentation of the Proposal will be conveyed by their Ambassadors in Léopoldville to the representative of the Acting Secretary General, who will then present it to Prime Minister Adoula. At the same time, he will outline orally in general terms the course of action. Prime Minister Adoula will be urged to accept the Proposal and to carry out immediately all actions by the National Government called for in the Proposal. If the Proposal is accepted by Prime Minister Adoula, it will then be presented to the Katanga authorities by the same representative of the Acting Secretary General.

C. The Katanga authorities will be requested to indicate their agreement to the Proposal within ten days after it is presented to them. The Proposal will be explained to the Katanga authorities in detail and their attention will be called to the fact that, if accepted by the Katanga authorities, the UN and Governments will use all means available to them to assure that the Proposal is carried out. The representative of the Acting Secretary General will explain to the Katanga authorities that the UN resolutions give the UN a right to free movement of its military forces throughout the Congo. The Katanga authorities will be informed that the UN will exercise its right to freedom of movement should a need for it arise, but for the time being the UN has no intention of establishing new garrisons in Katanga. Governments will, in their approaches to the Katanga authorities, support the position thus taken by the representative of the Acting Secretary General.

D. Contemporaneously with the actions called for in paragraph C above, Prime Minister Adoula will be urged to enact or decree legislation (in the event it does not already exist) regulating exports and imports to and from the Congo and, in particular, forbidding exportation or importation from or to the Congo of goods not authorized by the National Government in Léopoldville.

E. As soon as the Acting Secretary General has indicated his approval of the course of action set forth in this memorandum, the following measures will be carried out in rapid succession:

1. Governments will make public statements indicating their support of the Central Government of the Congo and make clear their determination to see an early end to Katanga secession. These statements will also express these Governments’ approval of the recent action of Prime Minister Adoula in announcing his intention to submit a draft federal constitution to the Parliament by September. The Governments will consult with each other and with the Acting Secretary General on the text, tactics, and timing of these statements.

2. The Congo Government will enter into negotiations with the Belgian Government to obtain its assistance in establishing arrangements for the collection in Belgium of duties on all goods exported from Belgium to the Congo (including Katanga).

3. In making reconnaissance flights over South Katanga, UNOC will avoid very low-level flights that might frighten the local population.

4. The US will, via the UN, immediately consider giving the Congo Government a small impact shipment of military equipment, and the UN will urgently commence a modernization program for the Congo army.

5. As soon as there is agreement on controls over utilization of foreign exchange to be established by the Congo Government, the US will make available additional aid to the Congo, and Belgium and other governments are considering similar action.

6. The Congo Government will solicit the help of the governments of neighboring countries in cooperating with the Congo Government in establishing arms control and anti-smuggling measures.

7. The UN would, in accordance with the Security Council’s resolutions, again urge all member nations to take appropriate steps to prevent all movements to the Congo, which are not authorized by the National Government, of mercenaries, arms, war material, or any kind of equipment capable of military use. Governments will engage in extensive diplomatic efforts to support such action.

8. The Congo Government will invite representatives of UMHK to enter into discussions of matters of mutual interest, including the Congo Government’s attitude toward the activities of UMHK.

9. The UN would invite the Belgian Government and UMHK to discuss with it the problem of protecting Belgian nationals and Union Miniere’s installations in Katanga.

10. At the request of the Congo Government, Governments will, to the extent possible, refuse to grant visas to Katangans or permit their entry when using travel documents other than Congo passports. Similarly, Governments will indicate publicly their acceptance of the Congo Government’s request and will urge holders of their own passports to seek and receive authorization from the Congo Government before traveling to Katanga. Governments will urge the Congo Government to make convenient arrangements for the issuance of passports to all Congolese nationals desiring to travel for purposes which are consistent with the Proposal for National Reconciliation.

Phase II

During the ten days immediately following the presentation of the Proposal for National Reconciliation to the Katanga authorities, the following actions will be taken:

1. Governments will solemnly urge the Katanga authorities to accept the Proposal. They will advise the Katanga authorities that the Governments consider it a reasonable one. Governments will also urge other governments and private companies and individuals to support their efforts to gain Katangan acceptance. If the Katanga authorities indicate that they will refuse or delay, the Governments will advise them that, if the Proposal is not accepted within ten days, Governments will, if requested by the Government of the Congo, take all measures available to them to comply with the National Government’s laws and regulations on exports of copper and cobalt from Katanga. The Katanga authorities will also be told that, if in spite of that boycott, Katanga secession continues more stringent measures will be inevitably applied. These may include the withdrawal of Belgian technicians, the suspension of postal and telecommunications services, the cessation of air traffic in and out of Elisabethville, and a blockade of Katangan exports and imports by the establishment of road blocks on the rail lines leading out of Katanga. Governments will consult with each other on the timing and tactics to be used in making their approaches to the Katanga authorities.

2. In connection with the action called for in paragraph E(8) of Phase I, UMHK will urge the Katanga authorities to accept the Proposal for National Reconciliation.

Phase III

If the Katanga authorities should fail to accept the Proposal for National Reconciliation within the stated period of time, the following actions will be taken subject to review and further consultation in the light of circumstances existing at that time:

1. The Government of the Congo will request all relevant governments to refuse to permit the importation into their country of copper and cobalt exports from Katanga which are not authorized by the Central Government in Léopoldville.

2. Governments will take such actions as are available to them to comply with this request and to assist in achieving the objectives.

Phase IV

If the measures in Phase III do not induce the acceptance by the Katanga authorities of the Proposal for National Reconciliation, Governments will consult with each other and with the UN on other measures that could be then taken in light of the circumstances existing at that time.

Enclosure 2

⁶

PROPOSAL FOR NATIONAL RECONCILIATION

1. Constitutional Arrangements.

The National Government will by September 1, present and support in Parliament until it is placed in effect, a draft Constitution that will establish a federal system of government for the Congo. To this end, the National Government has requested the UN to assist it by making available to the government the services of international experts in federal constitutional law. The National Government calls attention to its communique of July 29 and invites all state governments and interested political groups in the Congo to submit their views on the dispositions to be made in this Constitution. Their views, insofar as they are consistent with the federal character of the Constitution, will be taken into account to the greatest extent possible. Subject to receiving the views of the state governments and the interested political groups, the National Government instructs the experts to be supplied by the UN to draft, by September 1, a Constitution containing the following division of powers between the National Government and the States:

A. The following powers will be attributed exclusively to the National Government:

a. Foreign affairs.

b. National defense (other than local police functions).

c. Customs.

d. Currency, exchange control, and fiscal policy.

e. Interstate and foreign commerce.

f. Taxing powers sufficient for National Government needs.

g. Nationality and immigration.

h. Post and telecommunications.

B. The state governments will of course have control over their own administration and will be given all powers not expressly delegated to the National Government, including local police powers as well as taxing powers sufficient to meet the costs of local government activities.

2. Revenues and Foreign Exchange.

A commission composed of representatives from the National Government and from the provincial government of Katanga will, with the assistance of experts supplied by the UN, draft a law establishing definitive arrangements for the division of revenues between the National and state governments and regulations and procedures for the utilization of foreign exchange. All state governments and interested political groups will be invited to submit their views on the laws to be proposed. In drafting these laws the commission will take into account the views expressed by state governments and interested political groups, the economic and financial abilities and needs of the several states, and the division of powers to be established by the new federal constitution as set forth above which will particularly affect the future financial needs of the individual states and of the National Government. The financial arrangements should as far as possible assure the individual states to the maximum extent possible of revenues generated within their area and give the National Government as well as the state governments their own sources of taxation. With regard to the utilization of foreign exchange, the arrangements should take into account the essential needs of each state, in particular those connected with the operations of industries which generate foreign exchange earnings.

The National Government commits itself to support in Parliament such legislation as may be needed to implement these definitive arrangements drafted by the commission. Until the commission has completed this task and the definitive arrangements proposed by it have been implemented, the National Government and Katanga agree (a) to share on a 50–50 basis revenues from all taxes or duties on exports and imports and all royalties from mining concessions; and (b) all foreign exchange earned by any part of the Congo will be paid to the Monetary Council or institution designated by it which is acceptable to the parties concerned; the Monetary Council will control utilization of all foreign exchange and make available for essential needs of Katanga at least 50% foreign exchange generated in that state.

3. Currency.

The National Government will invite the UN to request the IMF to have its experts work out a phased plan for currency unification, based on the report of the currency commission of June. The unification will begin to be implemented in all parts of the Congo within 10 days after the plan is approved by the National Government.

4. Military.

The Commanders of all military, para-military or gendarmerie units who have not already done so will swear the usual oath of allegiance to the President of the Republic. A Commission composed of one representative from the National Government and one representative from the state Government of Katanga, with the assistance of experts supplied by the UN, will develop a plan within 30 days for the rapid integration and unification of all military, para-military, or gendarmerie units into the National Army and gendarmerie structure. The plan thus developed will be implemented within the next 60 days. All national, state, and local authorities will insure the complete freedom of movement throughout the Congo of this military commission and of the UN experts assisting it.

5. Foreign Affairs.

Since the conduct of foreign affairs is an attribute of the National Government there will be no need for any state authority to maintain foreign offices, or diplomatic or consular offices abroad. States desiring to maintain other types of representation abroad may do so with the concurrence of the National Government.

6. Amnesty.

In connection with the settlement of differences effected by this agreement, the National Government will immediately decree and, if necessary, propose and support legislation in Parliament declaring a general amnesty.

7. Cooperation with the United Nations.

All national, state, and local authorities will cooperate fully with UNOC in the fulfillment and carrying out of United Nations resolutions.

8. Reconstitution of National Government.

The National Government will be reconstituted so as to provide equitable representation for all political and provincial groups. The following ministries (or—of the following—ministries) will be filled by members of the Conakat Party:⁷

1. Source: Kennedy Library, National Security Files, Brubeck Series, Congo. Confidential. The source text bears no indication of the drafter, but the Department of State copy indicates that the memorandum was drafted by Fredericks. (Department of State, Central Files, 770G.00/8–1162)
2. Telegram 310 to USUN, August 9, reported that the latest phase of consultations had concluded on August 8. (Ibid., 770G.00/8–662) The revisions were transmitted in telegram 223 to Léopoldville, August 9. (Ibid., 770G.00/8–962)
3. It reads as follows: “Lord Home is prepared to recommend the plan to Tshombe and to press him hard to accept it. But this must be a negotiated settlement between Adoula and Tshombe. The Foreign Secretary is not prepared to use words which might later be quoted to imply that the United Kingdom would be party to imposing a settlement by economic sanctions or in any other forceful way. Nor is he prepared to use words which suggest that Her Majesty’s Government would approve such action by others. He considers it a profound mistake. Her Majesty’s Government have already told Tshombe that if he rejected a settlement he should be in no doubt that there would be a move to exercise sanctions against him, which they would be unable to oppose or prevent. They are ready to repeat this warning.”
4. Gullion reported this conversation in telegram 331, August 8. (Department of State, Central Files, 770G.00/8–862)
5. Confidential. Prepared in the Department of State on August 8.
6. Confidential. Prepared in the Department of State on August 8.
7. The document ends at this point.