Stanley in Africa

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 V

THE ACT OF NAVIGATION OF THE NIGER

Article 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.

Great Britain undertakes to protect foreign traders of every nation engaged in commerce in those parts of the course of the Niger, which are or shall be under her sovereignty or protectorate, as if they were her own subjects, provided that such traders conform to the regulations which are or shall be established in accordance with the foregoing.

Article XXXI

France accepts, under the same reservations and identical terms, the obligations set forth in the preceding articles, so far as they apply to the waters of the Niger, its affluents, its branches and its issues, which are or shall be under her sovereignty or protectorate.

Article XXXII

Each of the other Signatory Powers similarly undertake, that they will similarly act in such cases as they exercise or may hereafter exercise, rights of sovereignty or protectorate, in any part of the Niger, its affluent branches or issues.

Article XXXIII

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

The traffic shall likewise remain free, notwithstanding the state of war, on its roads, its railways and canals mentioned in Article XXIX.