Stanley in Africa

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

CHAPTER IV

ACT OF THE NAVIGATION OF THE CONGO

Article 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.