The Berlin Act was an international treaty signed between November 1884 and February 1885. The meeting of representatives was hosted and co-authored by Otto von Bismarck, then chancellor of Germany and it’s participants were Great Britain, Austria-Hungary, France, Germany, Russia, USA, Portugal Denmark, Spain, Italy, the Netherlands, Sweden, Belgium, and Turkey (Ottoman). Since Portugal initiated sailing to Africa in the fifteenth century many strong imperialist countries have sought their interest there. The purpose of the Berlin Act was to set a few rules of conduct regarding sovereignty, treatment of indigenous people, to abolish slavery and promote free trade.
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 assimilées),
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.
(Signatures
not reproduced here.)