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.

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