Stanley in Africa

“In the same manner you have endeavored to avoid all misunderstanding and dispute to which fresh annexations on the African coast might give rise. The declaration of the formalities required before such annexation can be considered effective, introduces a new rule, into public law, which in its turn will remove many a cause of dissent and conflict from our international relations.

“The spirit of mutual good understanding which has distinguished your deliberations has also presided over the negotiations that have been carried on outside the Conference, with a view to arrange the difficult question of delimitation between the parties exercising sovereign rights in the Congo basin, and which, by their position, are destined to be the chief guardians of the work we are about to sanction.

“I cannot touch on this subject without bearing testimony to the noble efforts of His Majesty, the King of the Belgians, the founder of a work which now has gained the recognition of almost all the Powers, and which, as it grows, will render valuable service to the cause of humanity.

“Gentlemen, I am requested by His Majesty, the Emperor and King, my august Master, to convey to you his warmest thanks for the part each of you has taken in the felicitous accomplishment of the work of the Conference.

“I fulfil a final duty in gratefully acknowledging what the Conference owes to those of its members who undertook the hard work of the Commission, notably to the Baron de Courcel and to Baron Lambermont. I have also to thank the delegates for the valuable assistance they have rendered us, and I include in this expression of thanks the secretaries of the Conference, who have facilitated our deliberations by the accuracy of their work.

“Like the other labors of man, the work of this Conference may be improved upon and perfected, but it will, I hope, mark an advance in the development of international relations and form a new bond of union between the nations of the civilized world.”

General Act of the Conference Respecting the Congo Free State

CHAPTER I

DECLARATION RELATIVE TO THE FREEDOM OF COMMERCE IN THE BASIN OF THE CONGO, ITS MOUTHS AND CIRCUMJACENT DISTRICTS, WITH CERTAIN ARRANGEMENTS CONNECTED THEREWITH

Article I. – The trade of all nations shall be entirely free:

1. In all territories constituting the basin of the Congo and its affluents. The basin is bounded by the crests of adjoining basins – that is to say, the basins of the Niari, of the Ogowé, of the Shari, and of the Nile towards the north; by the line of the eastern ridge of the affluents of Lake Tanganyika towards the east; by the crests of the basin of the Zambesi and the Logé towards the south. It consequently embraces all the territories drained by the Congo and its affluents, comprising therein Lake Tanganyika and its eastern tributaries.

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 VI

PROVISIONS 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 VII

POSTAL 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 VIII

RIGHT 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 II

DECLARATION CONCERNING THE SLAVE TRADE

Article 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 III

DECLARATION RELATING TO THE NEUTRALITY OF THE TERRITORIES COMPRISED IN THE SAID BASIN OF THE CONGO

Article 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.