Stanley in Africa. Boyd James Penny
same footing as the natives.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Under the said circumstances the said Powers reserve to themselves the option of proceeding to arbitration.
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.
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