Stanley in Africa

2. In the maritime zone extending along the Atlantic Ocean from the parallel of 2° 30′ south latitude to the mouth of the Logé. The northern limit will follow the parallel of 2° 30′ from the coast until it reaches the geographical basin of the Congo, avoiding the basin of the Ogowe, to which the stipulations of the present Act do not apply.

The southern limit will follow the course of the Logé up to the source of that river, and thence strike eastwards to its junction with the geographical basin of the Congo.

3. In the zone extending eastwards from the basin of the Congo as limited above herein, to the Indian Ocean, from the fifth degree of north latitude to the mouth of the Zambesi on the south; from this point the line of demarcation will follow the Zambesi up stream to a point five miles beyond its junction with the Shire, and continue by the line of the ridge dividing the waters which flow towards Lake Nyassa from the tributary waters of the Zambesi, until it joins the line of the water-parting between the Zambesi and the Congo. It is expressly understood that in extending to this eastern zone the principle of commercial freedom, the Powers represented at the Conference bind only themselves, and that the principle will apply to territories actually belonging to some independent and sovereign state only so far as that state consents to it. The Powers agree to employ their good officers among the established Governments on the African coast of the Indian Ocean, to obtain such consent, and in any case to ensure the most favorable conditions to all nations.

Article II

All flags, without distinction of nationality, shall have free access to all the coast of the territories above enumerated; to the rivers which therein flow to the sea; to all the waters of the Congo and its affluents, including the lakes; to all the canals that in the future may be cut with the object of uniting the water-courses or the lakes comprised in the whole extent of the territories described in Article I. They can undertake all kinds of transport, and engage in maritime and fluvial coasting, as well as river navigation, on the same footing as the natives.

Article III

Goods from every source imported into these territories, under any flag whatever, either by way of the sea, the rivers, or the land, shall pay no taxes except such as are equitable compensation for the necessary expenses of the trade, and which can meet with equal support from the natives and from foreigners of every nationality.

All differential treatment is forbidden both with regard to ships and goods.

Article IV

Goods imported into these territories will remain free of all charges for entry and transit.

The Powers reserve to themselves, until the end of a period of twenty years, the right of deciding if freedom of entry shall be maintained or not.

Article V

Every Power which exercises, or will exercise, sovereign rights in the territories above mentioned, cannot therein concede any monopoly or privilege of any sort in commercial matters.

Foreigners shall therein indiscriminately enjoy the same treatment and rights as the natives in the protection of their persons and goods, in the acquisition and transmission of their property, movable and immovable, and in the exercise of their professions.

Article VIPROVISIONS RELATIVE TO THE PROTECTION OF THE NATIVES, TO MISSIONARIES AND TRAVELERS, AND TO RELIGIOUS LIBERTY

All the Powers exercising sovereign rights, or having influence in the said territories, undertake to watch over the preservation of the native races, and the amelioration of the moral and material conditions of their existence, and to co-operate in the suppression of slavery, and, above all, of the slave trade; they will protect and encourage, without distinction of nationality or creed, all institutions and enterprises, religious, scientific, or charitable, established and organized for these objects, or tending to educate the natives and lead them to understand and appreciate the advantages of civilization.

Christian missionaries, men of science, explorers and their escorts and collections, to be equally the object of special protection.

Liberty of conscience and religious tolerations are expressly guaranteed to the natives as well as to the inhabitants and foreigners. The free public exercise of every creed, the right to erect religious buildings and to organize missions belonging to every creed, shall be subjected to no restriction or impediment whatever.

Article VIIPOSTAL ARRANGEMENTS

The Convention of the Postal Union, revised at Paris, on June 1, 1878, shall apply to the said basin of the Congo.

The Powers which there exercise, or will exercise, rights of sovereignty or protectorate, undertake, as soon as circumstances permit, to introduce the necessary measures to give effect to the above resolutions.

Article VIIIRIGHT OF SURVEILLANCE CONFERRED ON THE INTERNATIONAL COMMISSION FOR THE NAVIGATION OF THE CONGO

In all parts of the territory embraced in the present Declaration, where no Power shall exercise the rights of sovereignty or protectorate, the International Commission for the navigation of the Congo, constituted in accordance with Article XVII, shall be intrusted with the surveillance of the application of the principles declared and established in this Declaration.

In all cases of difficulties arising, relative to the application of the principles established by the present Declaration, the Governments interested shall agree to appeal to the good offices of the International Commission, leaving to it the examination of the facts which have given rise to the difficulties.

CHAPTER IIDECLARATION CONCERNING THE SLAVE TRADEArticle IX

In conformity with the principles of the right of natives as recognized by the signatory Powers, the slave trade being forbidden, and operations, which on land or sea supply slaves for the trade, being equally held to be forbidden, the Powers, which exercise or will exercise rights of sovereignty or influence in the territories forming the basin of the Congo, declare that these territories shall serve neither for the place of sale, nor the way of transit for traffic in slaves of any race whatsoever. Each of the Powers undertakes to employ every means that it can to put an end to the trade and to punish those who engage in it.

CHAPTER IIIDECLARATION RELATING TO THE NEUTRALITY OF THE TERRITORIES COMPRISED IN THE SAID BASIN OF THE CONGOArticle X

In order to give a new guarantee of security for commerce and industry, and to encourage by the maintenance of peace the development of civilization in the countries mentioned in Article I, or placed under the system of free trade, the High Parties signatory to the present Act, and those who will accept the same, hereby undertake to respect the neutrality of the territories or parts of the territories dependent on the said countries, comprising therein the territorial waters, for so long as the Powers, which exercise, or will exercise, the rights of sovereignty or protectorate over the territories, avail themselves of the right to proclaim them neutral, and fulfill the duties that neutrality implies.

Article XI

In cases where a Power exercising the rights of sovereignty or protectorate in the countries as mentioned in Article I, and placed under the system of free trade, shall be involved in war, the High Parties signatory to the present Act, and those who will accept the same, hereby engage to use their good officers so that the territories belonging to that Power, and comprised within the said boundaries where free trade exists, shall, by the mutual consent of that Power and of the other, or others, of the belligerent parties, be held to be neutral, for so long as the war lasts, and considered as belonging to a non-belligerent state, the belligerent parties will then abstain from extending hostilities into such neutralized territories as well as from using them as a base for operations of war.

Article XII

In the event of a serious disagreement originating on the subject, or arising within the limits of the territories mentioned in Article I and placed under the system of freedom of trade, between Powers signatory to the present Act, or Powers accepting the same, these Powers undertake, before appealing to arms, to have recourse to the mediation of one or several of the friendly Powers.

Under the said circumstances the said Powers reserve to themselves the option of proceeding to arbitration.

CHAPTER IVACT OF THE NAVIGATION OF THE CONGOArticle XIII

The navigation of the Congo, without any exception of any branches or issues of the river, is to remain entirely free for merchant shipping of all nations in cargo or ballast, for the carriage of cargo or the carriage of passengers. It shall be in accordance with the provisions of the present Act of navigation, or of the regulations established in execution of the said Act.

In the exercise of that navigation, the subjects and flags of all nations, shall, under all circumstances, be treated on a footing of absolute equality, as well as regards the direct navigation from the open sea towards the interior parts of the Congo, and vice versa, as for grand and petty coasting, and boat and river work all along the river.

Consequently, throughout the Congo’s course and mouth, no distinction shall be made between the subjects of the river-side States, and those not bordering on the river, and no exclusive privilege of navigation shall be granted either to societies, corporations or individuals.

These provisions are recognized by the signatory Powers, as henceforth forming part of public international law.

Article XIV

The navigation of the Congo shall not be subjected to any restraints or imposts which are not expressly stipulated for in the present Act. It shall not be burdened with any duties for harborage stoppages, depots, breaking bulk, or putting in through stress of weather.

Throughout the length of the Congo, ships and merchandise passing along the stream shall be subject to no transit dues, no matter what may be their origin or destination.

There shall not be established any tolls, marine or river, based on the fact of navigation alone, nor shall any duty be imposed on the merchandise on board the vessels. Such taxes and duties only shall be levied, as are of the character of remuneration for services rendered, to the said navigation. That is to say: —

(1) Taxes of the port for the actual use of certain local establishments, such as wharves, warehouses etc. The tariff of such taxes to be calculated on the expenses of construction and support of the said local establishments, and in its application to be independent of the origin of the vessels and their cargo.

(2) Pilotage dues on sections of the river, or where it appears necessary to establish stations of certificated pilots.

The tariff of these dues to be fixed and proportionate to the services rendered.

(3) Dues in respect of the technical and administrative expenses, imposed in the general interest of the navigation, and comprising light-houses, beacon, and buoyage dues.

Dues of the last description to be based on the tonnage of the ships, according to the papers on board, and to be conformable to the regulations in force on the Lower Danube.

The tariffs of the taxes and dues mentioned in the three preceding paragraphs are not to admit of any differential treatment, and are to be officially published in each port.

The Powers reserve to themselves the right, at the end of five years, by mutual agreement, to inquire into the above-mentioned tariffs in case they require revision.

Article XV

The affluents of the Congo shall, under all circumstances, be subject to the same regulations as the river of which they are the tributaries.

The same regulations shall apply to the lakes and canals as to the rivers and streams in the territories defined in Article I, paragraphs 2 and 3.

Nevertheless the Powers of the International Commission of the Congo shall not extend over the said rivers, lakes and canals, unless with the assent of the States under whose sovereignty they are placed. It is also understood that for the territories mentioned in Article I, paragraph 3, the consent of the sovereign States on whom these territories are dependent remains reserved.

Article XVI

The roads, railways, or lateral canals, which shall be established for the special object of supplementing the innavigability or imperfections of the water-way in certain sections of the Congo, of its affluents and other water-courses held to be like unto them by Article XV, shall be considered in their capacity as means of communication as dependencies of the river, and shall be likewise open to the traffic of all nations.

And as on the river, there shall be levied on these roads, railways and canals only tolls calculated on the expenses of construction, maintenance and administration, and on the profits due to the promoters.

In the assessment of these tolls, foreigners and the inhabitants of the respective territories shall be treated on a footing of perfect equality.

Article XVII

An International Commission is instituted and appointed to ensure the execution of the provisions of the present Act of Navigation.

The Powers signatory to this Act, as well as those who afterwards accept it, shall at all times be represented on the said Commission, each by a delegate. No delegate shall have more than one vote, even in the event of his representing several governments.

This delegate shall be paid by his own government direct. The salaries and allowances of the agents and servants of the International Commission shall be charged to the proceeds of the dues levied conformably to Article XIV, paragraphs 2 and 3.

The amounts of said salaries and allowances, as well as the number, position and duties of the agents and servants, shall appear in the account rendered each year to the Governments represented on the International Commission.

Article XVIII

The members of the International Commission, as well as the agents nominated by them, are invested with the privilege of inviolability in the exercise of their functions. The same guarantee shall extend to the offices, premises and archives of the Commission.

Article XIX

The International Commission for the navigation of the Congo, shall be constituted as soon as five of the signatory Powers of the present General Act shall have nominated their delegates. Pending the constitution of the Commission, the nomination of the delegates shall be notified to the Government of the German Empire, by whom the necessary steps will be taken to manage the meeting of the Commission.

The Commission will draw up, without delay, the arrangements for the navigation, river police, pilotage and quarantine.

These regulations, as well as the tariffs, instituted by the Commission, before being put in force, shall be submitted to the approbation of the Powers represented on the Commission. The powers interested, shall declare their opinion therein with the least possible delay.

Offences against these regulations shall be dealt with by the agents of the International Commission, where it exercises its authority direct, and in other places by the river-side Powers.

In case of abuse of power or injustice on the part of an agent or servant of the International Commission, the individual considering himself injured in his person or his rights, shall apply to the consular agent of his nation. He will inquire into his complaint, and if prima facié, he finds it reasonable, he shall be entitled to report it to the Commission. On his initiative, the Commission, represented by three or fewer of its members, shall join with him in an inquiry touching the conduct of its agent or servant. If the Consular agent considers the decision of the Commission as objectionable in law, he shall report to the Government, who shall refer to the Powers represented on the Commission, and invite them to agree as to the instructions to be given to the Commission.

Article XX

The International Commission of the Congo, entrusted under the terms of Article XVII, with insuring the execution of the present Act of Navigation, shall specially devote its attention to: —

(1.) The indication of such works as are necessary for insuring the navigability of the Congo, in accordance with the requirements of international trade.

On sections of the river where no Power exercises rights of sovereignty, the international Commission shall itself take the measures necessary for insuring the navigability of the stream.

On sections of the river occupied by a sovereign Power, the International Commission shall arrange with the river-side authority.

(2.) The fixing of the tariff for pilotage, and of the general tariff of navigation dues, provided for in the second and third paragraphs of Article XIV.

The tariffs mentioned in the first paragraph of Article XIV, shall be settled by the territorial authority within the limits provided for in that article.

The collection of these dues shall be under the care of the international or territorial authority, on whose account they have been established.

3. The administration of the revenues accruing from the application of the foregoing paragraph 2.

4. The surveillance of the quarantine establishment instituted in compliance with Article XXIV.

5. The nomination of agents for the general service of the navigation and its own particular servants.

The appointment of sub-inspectors shall belong to the territorial authority over sections occupied by a Power, and to the International Commission over the other sections of the river.

The river-side Power will notify to the International Commission the nomination of its sub-inspectors which it shall have appointed, and this Power shall pay their salaries.

In the exercise of its duties, as defined and limited above, the International Commission shall not be subject to the territorial authority.

Article XXI

In the execution of its task, the International Commission shall have recourse, in case of need, to the vessels of war belonging to the signatory Powers of this Act, and to those which in the future shall accept it, if not in contravention of the instructions which shall have been given to the commanders of those vessels by their respective governments.

Article XXII

The vessels of war of the Powers signatory to the present Act which enter the Congo are exempt from the payment of the navigation dues provided for in paragraph 3 of Article XIV; but they shall pay the contingent pilotage dues as well as the harbor dues, unless their intervention has been demanded by the International Commission or its agents under the terms of the preceding Article.

Article XXIII

With the object of meeting the technical and administrative expenses which it may have to incur, the International Commission, instituted under Article XVII, may in its own name issue loans secured on the revenues assigned to the said Commission.

The resolutions of the Commission regarding the issue of a loan must be carried by a majority of two-thirds of its votes. It is understood that the Governments represented on the Commission shall not, in any case, be considered as assuming any guarantee nor contracting any engagement or joint responsibility with regard to said laws, unless special treaties are concluded amongst them to that effect.

The proceeds of the dues specified in the third paragraph of Article XIV shall be in the first place set aside for the payment of interest and the extinction of said loans, in accordance with the agreements entered into with the lenders.

Article XXIV

At the mouths of the Congo there shall be founded, either at the initiation of the river-side Powers, or by the intervention of the International Commission, a quarantine establishment, which shall exercise control over the vessels entering and departing.

It shall be decided later on by the Powers, if any, and under what conditions, sanitary control shall be exercised over vessels navigating the river.

Article XXV

The provisions of the present Act of Navigation shall remain in force during times of war. Consequently, the navigation of all nations, neutral and belligerent, shall at all times be free for the purposes of trade on the Congo, its branches, its affluents, and its mouths, as well as on the territorial waters fronting the mouths of the river.

The traffic shall likewise remain free, notwithstanding the state of war, on its roads, railways, lakes and canals, as mentioned in Articles XV and XVI.

The only exception to this principle shall be in cases in connection with the transport of articles intended for a belligerent, and held in accordance with the law of nations to be contraband of war.

All the works and establishments instituted in execution of the present Act, particularly the offices of collection and their funds, the same as the staff permanently attached to the service of such establishments, shall be treated as neutral, and shall be respected and protected by the belligerents.

CHAPTER VTHE ACT OF NAVIGATION OF THE NIGERArticle XXVI

The navigation of the Niger, without excepting any of the branches or issues, is, and shall continue free for merchant vessels of all nations, in cargo or ballast, conveying goods or conveying passengers. It shall be conducted in accordance with the provisions of the present Act of Navigation, and with the regulations established in execution of the same Act.

In the exercise of that navigation, the subjects and flags of every nation shall be treated, under all circumstances, on a footing of perfect equality, as well in the direct navigation from the open sea to the interior ports of the Niger, and vice versa, as for grand and petty coasting, and in boat and river work throughout its course.

Consequently throughout the length and mouths of the Niger, there shall be no distinction between the subjects of the riverside States, and those of States not bordering on the river, and there shall be conceded no exclusive privilege of navigation to any society, or corporation or individual.

These provisions are recognised by the signatory Powers as henceforth forming part of public international law,

Article XXVII

The navigation of the Niger shall not be subjected to any obstacle nor duty based only on the fact of the navigation.

It shall not be subject to any duties for harborage, stoppages, depots, breaking bulk, or putting into port through stress of weather.

Throughout the length of the Niger, vessels and goods passing along the stream shall not be subject to any transit dues, whatsoever may be their origin or destination.

There shall be established no sea or river toll, based on the sole fact of navigation, nor any duty on the goods which happen to be on board the ships. Only such taxes and dues shall be levied as are of the nature of a payment for services rendered to the said navigation. The tariff of these taxes or dues shall admit of no differential treatment.

Article XXVIII

The affluents of the Niger shall in every respect be subject to the same regulations as the river of which they are the tributaries.

Article XXIX

Roads, railways or lateral canals, which shall be established with the special object of supplementing the innavigability or other imperfections of the waterway, in certain sections of the course of the Niger, its affluents, its branches, and its issues, shall be considered, in their capacity of means of communication, as dependencies of the river and shall be open similarly to the traffic of all nations,

As on the river, there shall be levied on the roads, railways and canals, only such tolls as are calculated on the expenses of construction, maintenance and administration, and on the profits due to the promoters.

In the assessment of these tolls, foreigners and the inhabitants of the respective territories, shall be treated on a footing of perfect equality.

Article XXX

Great Britain undertakes to apply the principles of freedom of navigation annunciated in Articles XXVI., XXVII., XXVIII., XXIX., to so much of the waters of the Niger and its affluent branches and issues as are or shall be under her sovereignty or protectorate.

The regulations she will draw up for the safety and control of the navigation, shall be designed to facilitate, as much as possible, the passage of merchant shipping.

It is understood that nothing in the engagements thus accepted shall be interpreted as hindering or likely to hinder Great Britain from making any regulations whatever as to the navigation which shall not be contrary to the spirit of such engagements.