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The Berlin Conference of 1884-1885 by European Powers
* * *
General Act
GENERAL ACT OF THE CONFERENCE AT BERLIN OF THE PLENIPOTENTIARIES OF GREAT BRITAIN, AUSTRIA-HUNGARY, BELGIUM, DENMARK, FRANCE, GERMANY, ITALY, THE NETHERLANDS, PORTUGAL, RUSSIA, SPAIN, SWEDEN AND NORWAY, TURKEY AND THE UNITED STATES
RESPECTING:
(1) FREEDOM OF TRADE IN THE BASIN OF THE CONGO;
(2) THE SLAVE TRADE;
(3) NEUTRALITY OF THE TERRITORIES IN THE BASIN OF THE CONGO;
(4) NAVIGATION OF THE CONGO;
(5) NAVIGATION OF THE NIGER; AND
(6) RULES FOR FUTURE OCCUPATION ON THE COAST OF THE AFRICAN CONTINENT
In the Name of God
Almighty.
Her Majesty the Queen
of the
United Kingdom of Great Britain and Ireland, Empress of India; His
Majesty the
German Emperor, King of Prussia; His Majesty the Emperor of Austria,
King of
Bohemia, etc, and Apostolic King of Hungary; His Majesty the King of
the
Belgians; His Majesty the King of Denmark; His Majesty the King of
Spain; the
President of the United States of America; the President of the French
Republic; His Majesty the King of Italy; His Majesty the King of the
Netherlands, Grand Duke of Luxemburg, etc; His Majesty the King of
Portugal and
the Algarves, etc; His Majesty the Emperor of all the Russias; His
Majesty the
King of Sweden and Norway, etc; and His Majesty the Emperor of the
Ottomans,
WISHING, in a spirit
of good and
mutual accord, to regulate the conditions most favourable to the
development of
trade and civilization in certain regions of Africa, and to assure to
all
nations the advantages of free navigation on the two chief rivers of
Africa
flowing into the Atlantic Ocean; BEING DESIROUS, on the other hand, to
obviate
the misunderstanding and disputes which might in future arise from new
acts of
occupation (prises de possession) on the coast of Africa; and
concerned,
at the same time, as to the means of furthering the moral and material
well-being of the native populations; HAVE RESOLVED, on the invitation
addressed to them by the Imperial Government of Germany, in agreement
with the
Government of the French Republic, to meet for those purposes in
Conference at
Berlin, and have appointed as their Plenipotentiaries, to wit: [Names
of
plenipotentiaries not listed here.] Who, being provided with full
powers, which
have been found in good and due form, have successively discussed and
adopted:
1. A Declaration relative to freedom of trade in the basin of the
Congo, its
embouchures and circumjacent regions, with other provisions connected
therewith.
2. A Declaration
relative to the
slave trade, and the operations by sea or land which furnish slaves to
that
trade.
3. A Declaration
relative to the
neutrality of the territories comprised in the Conventional basin of
the Congo.
4. An Act of
Navigation for the
Congo, which, while having regard to local circumstances, extends to
this
river, its affluents, and the waters in its system (eaux qui leur
sont
assimil´s), the general principles enunciated in Articles
CVIII and CXVI of
the Final Act of the Congress of Vienna, and intended to regulate, as
between
the Signatory Powers of that Act, the free navigation of the waterways
separating or traversing several States - these said principles having
since
then been applied by agreement to certain rivers of Europe and America,
but
especially to the Danube, with the modifications stipulated by the
Treaties of
Paris (1856), of Berlin (1878), and of London (1871 and 1883).
5. An Act of
Navigation for the
Niger, which, while likewise having regard to local circumstances,
extends to
this river and its affluents the same principles as set forth in
Articles CVIII
and CXVI of the Final Act of the Congress of Vienna.
6. A Declaration
introducing into
international relations certain uniform rules with reference to future
occupations on the coast of the African Continent.
And deeming it
expedient that all
these several documents should be combined in one single instrument,
they (the
Signatory Powers) have collected them into one General Act, composed of
the
following Articles:
CHAPTER I
DECLARATION
RELATIVE TO
FREEDOM OF TRADE IN THE BASIN OF THE CONGO, ITS MOUTHS AND CIRCUMJACENT
REGIONS, WITH OTHER PROVISIONS CONNECTED THEREWITH
Article I
The trade of all
nations shall
enjoy complete freedom- 1. In all the regions forming the basin of the
Congo
and its outlets. This basin is bounded by the watersheds (or mountain
ridges)
of the adjacent basins, namely, in particular, those of the Niari, the
Ogowé,
the Schari, and the Nile, on the north; by the eastern watershed line
of the
affluents of Lake Tanganyika on the east; and by the watersheds of the
basins
of the Zambesi and the Logé on the south. It therefore comprises
all the
regions watered by the Congo and its affluents, including Lake
Tanganyika, with
its eastern tributaries.
2. In the maritime
zone extending
along the Atlantic Ocean from the parallel situated in 2º30' of
south latitude
to the mouth of the Logé.
The northern boundary
will follow
the parallel situated in 2º30' from the coast to the point where
it meets the
geographical basin of the Congo, avoiding the basin of the
Ogowé, to which the
provisions of the present Act do not apply.
The southern boundary
will follow
the course of the Logé to its source, and thence pass eastwards
till it joins
the geographical basin of the Congo.
3. In the zone
stretching
eastwards from the Congo Basin, as above defined, to the Indian Ocean
from 5
degrees of north latitude to the mouth of the Zambesi in the south,
from which
point the line of demarcation will ascend the Zambesi to 5 miles above
its
confluence with the Shiré, and then follow the watershed between
the affluents
of Lake Nyassa and those of the Zambesi, till at last it reaches the
watershed
between the waters of the Zambesi and the Congo.
It is expressly
recognized that
in extending the principle of free trade to this eastern zone the
Conference
Powers only undertake engagements for themselves, and that in the
territories
belonging to an independent Sovereign State this principle shall only
be
applicable in so far as it is approved by such State.
But the Powers agree
to use their
good offices with the Governments established on the African shore of
the
Indian Ocean for the purpose of obtaining such approval, and in any
case of
securing the most favourable conditions to the transit (traffic) of all
nations.
Article II
All flags, without
distinction of
nationality, shall have free access to the whole of the coastline of
the
territories above enumerated, to the rivers there running into the sea,
to all
the waters of the Congo and its affluents, including the lakes, and to
all the
ports situate on the banks of these waters, as well as to all canals
which may
in future be constructed with intent to unite the watercourses or lakes
within
the entire area of the territories described in Article I. Those
trading under
such flags may engage in all sorts of transport, and carry on the
coasting
trade by sea and river, as well as boat traffic, on the same footing as
if they
were subjects.
Article III
Wares, of whatever
origin,
imported into these regions, under whatsoever flag, by sea or river, or
overland, shall be subject to no other taxes than such as may be levied
as fair
compensation for expenditure in the interests of trade, and which for
this
reason must be equally borne by the subjects themselves and by
foreigners of
all nationalities. All differential dues on vessels, as well as on
merchandise,
are forbidden.
Article IV
Merchandise imported
into these
regions shall remain free from import and transit dues.
The Powers reserve to
themselves
to determine after the lapse of twenty years whether this freedom of
import
shall be retained or not.
Article V
No Power which
exercises or shall
exercise sovereign rights in the abovementioned regions shall be
allowed to
grant therein a monopoly or favour of any kind in matters of trade.
Foreigners, without
distinction,
shall enjoy protection of their persons and property, as well as the
right of
acquiring and transferring movable and immovable possessions; and
national
rights and treatment in the exercise of their professions.
PROVISIONS
RELATIVE TO
PROTECTION OF THE NATIVES, OF MISSIONARIES AND TRAVELLERS, AS WELL AS
RELATIVE
TO RELIGIOUS LIBERTY
Article VI
All the Powers
exercising
sovereign rights or influence in the aforesaid territories bind
themselves to
watch over the preservation of the native tribes, and to care for the
improvement of the conditions of their moral and material well-being,
and to
help in suppressing slavery, and especially the slave trade.
They shall, without
distinction
of creed or nation, protect and favour all religious, scientific or
charitable
institutions and undertakings created and organized for the above ends,
or
which aim at instructing the natives and bringing home to them the
blessings of
civilization.
Christian
missionaries,
scientists and explorers, with their followers, property and
collections, shall
likewise be the objects of especial protection.
Freedom of conscience
and
religious toleration are expressly guaranteed to the natives, no less
than to
subjects and to foreigners. The free and public exercise of all forms
of divine
worship, and the right to build edifices for religious purposes, and to
organize religious missions belonging to all creeds, shall not be
limited or
fettered in any way whatsoever.
POSTAL REGIME
Article VII
The Convention of the
Universal
Postal Union, as revised at Paris 1 June 1878, shall be applied to the
Conventional basin of the Congo.
The Powers who
therein do or
shall exercise rights of sovereignty or Protectorate engage, as soon as
circumstances permit them, to take the measures necessary for the
carrying out
of the preceding provision.
RIGHT OF
SURVEILLANCE VESTED
IN THE INTERNATIONAL NAVIGATION COMMISSION OF THE CONGO
Article VIII
In all parts of the
territory had
in view by the present Declaration, where no Power shall exercise
rights of
sovereignty or Protectorate, the International Navigation Commission of
the
Congo, instituted in virtue of Article XVII, shall be charged with
supervising
the application of the principles proclaimed and perpetuated (consacrés)
by
this
Declaration.
In all cases of
difference
arising relative to the application of the principles established by
the
present Declaration, the Governments concerned may agree to appeal to
the good
offices of the International Commission, by submitting to it an
examination of
the facts which shall have occasioned these differences.
CHAPTER II
DECLARATION
RELATIVE TO THE
SLAVE TRADE
Article IX
Seeing that trading
in slaves is
forbidden in conformity with the principles of international law as
recognized
by the Signatory Powers, and seeing also that the operations, which, by
sea or
land, furnish slaves to trade, ought likewise to be regarded as
forbidden, the
Powers which do or shall exercise sovereign rights or influence in the
territories forming the Conventional basin of the Congo declare that
these
territories may not serve as a market or means of transit for the trade
in
slaves, of whatever race they may be. Each of the Powers binds itself
to employ
all the means at its disposal for putting an end to this trade and for
punishing those who engage in it.
CHAPTER III
DECLARATION
RELATIVE TO THE
NEUTRALITY OF THE TERRITORIES COMPRISED IN THE CONVENTIONAL BASIN OF
THE CONGO
Article X
In order to give a
new guarantee
of security to trade and industry, and to encourage, by the maintenance
of
peace, the development of civilization in the countries mentioned in
Article I,
and placed under the free trade system, the High Signatory Parties to
the
present Act, and those who shall hereafter adopt it, bind themselves to
respect
the neutrality of the territories, or portions of territories,
belonging to the
said countries, comprising therein the territorial waters, so long as
the Powers
which exercise or shall exercise the rights of sovereignty or
Protectorate over
those territories, using their option of proclaiming themselves
neutral, shall
fulfil the duties which neutrality requires.
Article XI
In case a Power
exercising rights
of sovereignty or Protectorate in the countries mentioned in Article I,
and
placed under the free trade system, shall be involved in a war, then
the High
Signatory Parties to the present Act, and those who shall hereafter
adopt it,
bind themselves to lend their good offices in order that the
territories
belonging to this Power and comprised in the Conventional free trade
zone
shall, by the common consent of this Power and of the other belligerent
or
belligerents, be placed during the war under the rule of neutrality,
and
considered as belonging to a non-belligerent State, the belligerents
thenceforth abstaining from extending hostilities to the territories
thus
neutralized, and from using them as a base for warlike operations.
Article XII
In case a serious
disagreement
originating on the subject of, or in the limits of, the territories
mentioned
in Article I, and placed under the free trade system, shall arise
between any
Signatory Powers of the present Act, or the Powers which may become
parties to
it, these Powers bind themselves, before appealing to arms, to have
recourse to
the mediation of one or more of the friendly Powers.
In a similar case the
same Powers
reserve to themselves the option of having recourse to arbitration.
CHAPTER IV
ACT OF NAVIGATION
FOR THE
CONGO
Article XIII
The navigation of the
Congo,
without excepting any of its branches or outlets, is, and shall remain,
free
for the merchant ships of all nations equally, whether carrying cargo
or
ballast, for the transport of goods or passengers. It shall be
regulated by the
provisions of this Act of Navigation, and by the rules to be made in
pursuance
thereof.
In the exercise of
this
navigation the subjects and flags of all nations shall in all respects
be
treated on a footing of perfect equality, not only for the direct
navigation
from the open sea to the inland ports of the Congo, and vice versa, but
also
for the great and small coasting trade, and for boat traffic on the
course of
the river.
Consequently, on all
the course
and mouths of the Congo there will be no distinction made between the
subjects
of riverain States and those of non-riverain States, and no exclusive
privilege
of navigation will be conceded to companies, corporations or private
persons
whatsoever.
These provisions are
recognized
by the Signatory Powers as becoming henceforth a part of international
law.
Article XIV
The navigation of the
Congo shall
not be subject to any restriction or obligation which is not expressly
stipulated by the present Act. It shall not be exposed to any landing
dues, to
any station or depot tax, or to any charge for breaking bulk, or for
compulsory
entry into port.
In all the extent of
the Congo
the ships and goods in process of transit on the river shall be
submitted to no
transit dues, whatever their starting place or destination.
There shall be levied
no maritime
or river toll based on the mere fact of navigation, nor any tax on
goods aboard
of ships. There shall only be levied taxes or duties having the
character of an
equivalent for services rendered to navigation itself, to wit: 1.
Harbour dues
on certain local establishments, such as wharves, warehouses, etc, if
actually
used.
The tariff of such
dues shall be
framed according to the cost of constructing and maintaining the said
local
establishments; and it will be applied without regard to whence vessels
come or
what they are loaded with.
2. Pilot dues for
those stretches
of the river where it may be necessary to establish properly qualified
pilots.
The tariff of these
dues shall be
fixed and calculated in proportion to the service rendered.
3. Charges raised to
cover
technical and administrative expenses incurred in the general interest
of
navigation, including lighthouse, beacon and buoy duties.
The lastmentioned
dues shall be
based on the tonnage of vessels as shown by the ship's papers, and in
accordance with the rules adopted on the Lower Danube.
The tariffs by which
the various
dues and taxes enumerated in the three preceding paragraphs shall be
levied
shall not involve any differential treatment, and shall be officially
published
at each port.
The Powers reserve to
themselves
to consider, after the lapse of five years, whether it may be necessary
to
revise, by common accord, the abovementioned tariffs.
Article XV
The affluents of the
Congo shall
in all respects be subject to the same rules as the river of which they
are
tributaries.
And the same rules
shall apply to
the streams and river as well as the lakes and canals in the
territories
defined in paragraphs 2 and 3 of Article I.
At the same time the
powers of
the International Commission of the Congo will not extend to the said
rivers,
streams, lakes and canals, unless with the assent of the States under
whose
sovereignty they are placed. It is well understood, also, that with
regard to
the territories mentioned in paragraph 3 of Article I the consent of
the
Sovereign States owning these territories is reserved.
Article XVI
The roads, railways
or lateral
canals which may be constructed with the special object of obviating
the innavigability
or correcting the imperfection of the river route on certain sections
of the
course of the Congo, its affluents, and other waterways placed under a
similar
system, as laid down in Article XV, shall be considered in their
quality of
means of communication as dependencies of this river, and as equally
open to
the traffic of all nations.
And, as on the river
itself, so
there shall be collected on these roads, railways and canals only tolls
calculated on the cost of construction, maintenance and management, and
on the
profits due to the promoters.
As regards the tariff
of these
tolls, strangers and the natives of the respective territories shall be
treated
on a footing of perfect equality.
Article XVII
There is instituted
an
International Commission, charged with the execution of the provisions
of the
present Act of Navigation.
The Signatory Powers
of this Act,
as well as those who may subsequently adhere to it, may always be
represented
on the said Commission, each by one delegate.
But no delegate shall
have more
than one vote at his disposal, even in the case of his representing
several
Governments.
This delegate will be
directly
paid by his Government. As for the various agents and employees of the
International Commission, their remuneration shall be charged to the
amount of
the dues collected in conformity with paragraphs 2 and 3 of Article XIV.
The particulars of
the said
remuneration, as well as the number, grade and powers of the agents and
employees, shall be entered in the returns to be sent yearly to the
Governments
represented on the International Commission.
Article XVIII
The members of the
International
Commission, as well as its appointed agents, are invested with the
privilege of
inviolability in the exercise of their functions. The same guarantee
shall
apply to the offices 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 appointed their
delegates. And, pending the constitution of the Commission, the
nomination of
these delegates shall be notified to the Imperial Government of
Germany, which
will see to it that the necessary steps are taken to summon the meeting
of the Commission.
The Commission will
at once draw
up navigation, river police, pilot and quarantine rules.
These rules, as well
as the
tariffs to be framed by the Commission, shall, before coming into
force, be
submitted for approval to the Powers represented on the Commission. The
Powers
interested will have to communicate their views with as little delay as
possible.
Any infringement of
these rules
will be checked by the agents of the International Commission wherever
it
exercises direct authority, and elsewhere by the riverain Power.
In the case of an
abuse of power,
or of an act of injustice, on the part of any agent or employee of the
International Commission, the individual who considers himself to be
aggrieved
in his person or rights may apply to the consular agent of his country.
The
latter will examine his complaint, and if he finds it prima facie reasonable he will then be
entitled to
bring it before the Commission. At his instance then, the Commission,
represented by at least three of its members, shall, in conjunction
with him,
inquire into the conduct of its agent or employee. Should the consular
agent
look upon the decision of the Commission as raising questions of law (objections
de
droit), he will report on the subject to his Government, which may
then
have recourse 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, charged in terms of Article XVII with the execution of the
present
Act of Navigation, shall in particular have power- 1. To decide what
works are
necessary to assure the navigability of the Congo in accordance with
the needs
of international trade.
On those sections of
the river
where no Power exercises sovereign rights the International Commission
will
itself take the necessary measures for assuring the navigability of the
river.
On those sections of
the river
held by a Sovereign Power the International Commission will concert its
action
(s'entendra) with the riparian authorities.
2. To fix the pilot
tariff and
that of the general navigation dues as provided for by paragraphs 2 and
3 of
Article XIV.
The tariffs mentioned
in the
first paragraph of Article XIV shall be framed by the territorial
authorities
within the limits prescribed in the said Article.
The levying of the
various dues
shall be seen to by the international or territorial authorities on
whose
behalf they are established.
3. To administer the
revenue
arising from the application of the preceding paragraph (2).
4. To superintend the
quarantine
establishment created in virtue of Article XXIV.
5. To appoint
officials for the
general service of navigation, and also its own proper employees.
It will be for the
territorial
authorities to appoint sub-inspectors on sections of the river occupied
by a
Power, and for the International Commission to do so on the other
sections.
The riverain Power
will notify to
the International Commission the appointment of sub-inspectors, and
this Power
will undertake the payment of their salaries.
In the exercise of
its functions,
as above defined and limited, the International Commission will be
independent
of the territorial authorities.
Article XXI
In the accomplishment
of its task
the International Commission may, if need be, have recourse to the war
vessels
of the Signatory Powers of this Act, and of those who may in future
accede to
it, under reserve, however, of the instructions which may be given to
the
commanders of these vessels by their respective Governments.
Article XXII
The war vessels of
the Signatory
Powers of this Act that may enter the Congo are exempt from payment of
the
navigation dues provided for in paragraph 3 of Article XIV; but, unless
their
intervention has been called for by the International Commission or its
agents,
in terms of the preceding Article, they shall be liable to the payment
of the
pilot or harbour dues which may eventually be established.
Article XXIII
With the view of
providing for the
technical and administrative expenses which it may incur, the
International
Commission created by Article XVII may, in its own name, negotiate
loans to be
exclusively guaranteed by the revenues raised by the said Commission.
The decisions of the
Commission
dealing with the conclusion of a loan must be come to by a majority of
two-thirds. It is understood that the Governments represented on the
Commission
shall not in any case be held as assuming any guarantee, or as
contracting any
engagement or joint liability (solidarité) with respect
to the said
loans, unless under special Conventions concluded by them to this
effect.
The revenue yielded
by the dues
specified in paragraph 3 of Article XIV shall bear, as a first charge,
the
payment of the interest and sinking fund of the said loans, according
to
agreement with the lenders.
Article XXIV
At the mouth of the
Congo there
shall be founded, either on the initiative of the riverain Powers, or
by the
intervention of the International Commission, a quarantine
establishment for
the control of vessels passing out of as well as into the river.
Later on the Powers
will decide
whether and on what conditions a sanitary control shall be exercised
over
vessels engaged in the navigation of the river itself.
Article XXV
The provisions of the
present Act
of Navigation shall remain in force in time of war. Consequently all
nations,
whether neutral or belligerent, shall be always free, for the purposes
of
trade, to navigate the Congo, its branches, affluents and mouths, as
well as
the territorial waters fronting the embouchure of the river.
Traffic will
similarly remain
free, despite a state of war, on the roads, railways, lakes and canals
mentioned in Articles XV and XVI.
There will be no
exception to
this principle, except in so far as concerns the transport of articles
intended
for a belligerent, and in virtue of the law of nations regarded as
contraband
of war.
All the works and
establishments
created in pursuance of the present Act, especially the tax collecting
offices
and their treasuries, as well as the permanent service staff of these
establishments, shall enjoy the benefits of neutrality (placés
sous
le
régime
de la neutralité), and shall, therefore, be
respected and protected
by belligerents.
CHAPTER V
ACT OF NAVIGATION
FOR THE
NIGER
Article XXVI
The navigation of the
Niger,
without excepting any of its branches and outlets, is and shall remain
entirely
free for the merchant ships of all nations equally, whether with cargo
or
ballast, for the transportation of goods and passengers.
It shall be regulated
by the
provisions of this Act of Navigation, and by the rules to be made in
pursuance
of this Act.
In the exercise of
this
navigation the subjects and flags of all nations shall be treated, in
all
circumstances, on a footing of perfect equality, not only for the
direct
navigation from the open sea to the inland ports of the Niger, and vice
versa,
but for the great and small coasting trade, and for boat trade on the
course of
the river.
Consequently, on all
the course
and mouths of the Niger there will be no distinction made between the
subjects
of the riverain States and those of non-riverain States; and no
exclusive
privilege of navigation will be conceded to companies, corporations or
private
persons.
These provisions are
recognized
by the Signatory Powers as forming henceforth a part of international
law.
Article XXVII
The navigation of the
Niger shall
not be subject to any restriction or obligation based merely on the
fact of
navigation.
It shall not be
exposed to any
obligation in regard to landing-station or depot, or for breaking bulk,
or for
compulsory entry into port.
In all the extent of
the Niger
the ships and goods in process of transit on the river shall be
submitted to no
transit dues, whatever their starting place or destination.
No maritime or river
toll shall
be levied based on the sole fact of navigation, nor any tax on goods on
board
of ships. There shall only be collected taxes or duties which shall be
an
equivalent for services rendered to navigation itself.
The tariff of these
taxes or
duties shall not warrant any differential treatment.
Article XXVIII
The affluents of the
Niger shall
be in all respects subject to the same rules as the river of which they
are
tributaries.
Article XXIX
The roads, railways
or lateral
canals which may be constructed with the special object of obviating
the
innavigability or correcting the imperfections of the river route on
certain
sections of the course of the Niger, its affluents, branches and
outlets, shall
be considered, in their quality of means of communication, as
dependencies of
this river, and as equally open to the traffic of all nations.
And, as on the river
itself, so
there shall be collected on these roads, railways and canals only tolls
calculated on the cost of construction, maintenance and management, and
on the
profits due to the promoters.
As regards the tariff
of these
tolls, strangers and the natives 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 enunciated in Articles XXVI,
XXVII,
XXVIII and XXIX on so much of the waters of the Niger, its affluents,
branches
and outlets, as are or may be under her sovereignty or protection.
The rules which she
may establish
for the safety and control of navigation shall be drawn up in a way to
facilitate, as far as possible, the circulation of merchant ships.
It is understood that
nothing in
these obligations shall be interpreted as hindering Great Britain from
making
any rules of navigation whatever which shall not be contrary to the
spirit of
these engagements.
Great Britain
undertakes to
protect foreign merchants and all the trading nationalities on all
those
portions of the Niger which are or may be under her sovereignty or
protection
as if they were her own subjects, provided always that such merchants
conform
to the rules which are or shall be made in virtue of the foregoing.
Article XXXI
France accepts, under
the same
reservations, and in identical terms, the obligations undertaken in the
preceding Articles in respect of so much of the waters of the Niger,
its
affluents, branches and outlets, as are or may be under her sovereignty
or
protection.
Article XXXII
Each of the other
Signatory Powers
binds itself in the same way in case it should ever exercise in the
future
rights of sovereignty or protection over any portion of the waters of
the
Niger, its affluents, branches or outlets.
Article XXXIII
The arrangements of
the present
Act of Navigation will remain in force in time of war. Consequently,
the
navigation of all neutral or belligerent nationals will be in all time
free for
the usages of commerce on the Niger, its branches, its affluents, its
mouths
and outlets, as well as on the territorial waters opposite the mouths
and
outlets of that river.
The traffic will
remain equally
free in spite of a state of war on the roads, railways and canals
mentioned in
Article XXIX.
There will be an
exception to
this principle only in that which relates to the transport of articles
destined
for a belligerent, and considered, in virtue of the law of nations, as
articles
contraband of war.
CHAPTER VI
DECLARATION
RELATIVE TO THE
ESSENTIAL CONDITIONS TO BE OBSERVED IN ORDER THAT NEW OCCUPATIONS ON
THE COASTS
OF THE AFRICAN CONTINENT MAY BE HELD TO BE EFFECTIVE
Article XXXIV
Any Power which
henceforth takes
possession of a tract of land on the coasts of the African continent
outside of
its present possessions, or which, being hitherto without such
possessions,
shall acquire them, as well as the Power which assumes a Protectorate
there,
shall accompany the respective act with a notification thereof,
addressed to
the other Signatory Powers of the present Act, in order to enable them,
if need
be, to make good any claims of their own.
Article XXXV
The Signatory Powers
of the
present Act recognize the obligation to insure the establishment of
authority
in the regions occupied by them on the coasts of the African continent
sufficient to protect existing rights, and, as the case may be, freedom
of
trade and of transit under the conditions agreed upon.
CHAPTER VII
GENERAL
DISPOSITIONS
Article XXXVI
The Signatory Powers
of the
present General Act reserve to themselves to introduce into it
subsequently,
and by common accord, such modifications and improvements as experience
may
show to be expedient.
Article XXXVII
The Powers who have
not signed
the present General Act shall be free to adhere to its provisions by a
separate
instrument.
The adhesion of each
Power shall
be notified in diplomatic form to the Government of the German Empire,
and by
it in turn to all the other signatory or adhering Powers.
Such adhesion shall
carry with it
full acceptance of all the obligations as well as admission to all the
advantages stipulated by the present General Act.
Article XXXVIII
The present General
Act shall be
ratified with as little delay as possible, the same in no case to
exceed a
year.
It will come into
force for each
Power from the date of its ratification by that Power.
Meanwhile, the
Signatory Powers
of the present General Act bind themselves not to take any steps
contrary to
its provisions.
Each Power will
address its
ratification to the Government of the German Empire, by which notice of
the
fact will be given to all the other Signatory Powers of the present Act.
The ratifications of
all the
Powers will be deposited in the archives of the Government of the
German
Empire. When all the ratifications shall have been sent in, there will
be drawn
up a Deposit Act, in the shape of a Protocol, to be signed by the
representatives of all the Powers which have taken part in the
Conference of
Berlin, and of which a certified copy will be sent to each of those
Powers.
IN TESTIMONY WHEREOF
the several
plenipotentiaries have signed the present General Act and have affixed
thereto
their seals.
DONE at Berlin, the
26th day of
February, 1885.