| General Act of the Berlin Conference on West Africa, 26 February 1885 | |
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| Signed by the representatives of the United Kingdom, France, Germany, Austria, Belgium, Denmark, Spain, the United States of America, Italy, the Netherlands, Portugal, Russia, Sweden-Norway, and Turkey (Ottoman Empire). | |
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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 included 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 58 and 66 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 58 and 66 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 1 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 2 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 1. 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 3 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 4 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 5 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 6 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 7 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 8 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 17, 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 9 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 10 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 1, 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 11 In case a Power exercising rights of sovereignty or Protectorate in the
countries mentioned in Article 1, 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 12 In case a serious disagreement originating on the subject of, or in the
limits of, the territories mentioned in Article 1, 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 13 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 14 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 15 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 1. 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 1
the consent of the Sovereign States owning these territories is reserved. Article 16 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 15,
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 17 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 14. 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 18 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 19 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 20 The International Commission of the Congo, charged in terms of Article 17
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 14. The tariffs mentioned in the first paragraph of Article 14 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
24. 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 21 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 22 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 14; 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 23 With the view of providing for the technical and administrative expenses
which it may incur, the International Commission created by Article 17 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 14 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 24 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 25 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 15 and 16. 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 26 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 27 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 28 The affluents of the Niger shall be in all respects subject to the same rules
as the river of which they are tributaries. Article 29 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 30 Great Britain undertakes to apply the principles of freedom of navigation
enunciated in Articles 26, 27, 28 and 29 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 31 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 32 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 33 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 29. 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 34 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 35 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 36 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 37 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 38 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 included here.] |
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