ACT OF THE NAVIGATION OF THE CONGO.
ARTICLE XIII.
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.
ARTICLE XIV.
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 expenses of construction and support of the said local
establishments, and in its application to be independent of the origin of
the vessels and their cargo.
(2) Pilotage dues on sections of the river, or where it appears necessary
to establish stations of certificated pilots.
The tariff of these dues to be fixed and proportionate to the services
rendered.
(3) Dues in respect of the technical and administrative expenses, imposed
in the general interest of the navigation, and comprising light-houses,
beacon, and buoyage dues.
Dues of the last description to be based on the tonnage of the ships,
according to the papers on board, and to be conformable to the
regulations in force on the Lower Danube.
The tariffs of the taxes and dues mentioned in the three preceding
paragraphs are not to admit of any differential treatment, and are to be
officially published in each port.
The Powers reserve to themselves the right, at the end of five years, by
mutual agreement, to inquire into the above-mentioned tariffs in case
they require revision.
ARTICLE XV.
The affluents of the Congo shall, under all circumstances, be subject to
the same regulations as the river of which they are the tributaries.
The same regulations shall apply to the lakes and canals as to the rivers
and streams in the territories defined in Article I, paragraphs 2 and 3.
Nevertheless the Powers of the International Commission of the Congo
shall not extend over the said rivers, lakes and canals, unless with the
assent of the States under whose sovereignty they are placed. It is also
understood that for the territories mentioned in Article I, paragraph
3, the consent of the sovereign States on whom these territories are
dependent remains reserved.
ARTICLE XVI.
The roads, railways, or lateral canals, which shall be established for
the special object of supplementing the innavigability or imperfections
of the water-way in certain sections of the Congo, of its affluents and
other water-courses held to be like unto them by Article XV, shall be
considered in their capacity as means of communication as dependencies of
the river, and shall be likewise open to the traffic of all nations.
And as on the river, there shall be levied on these roads, railways and
canals only tolls 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 XVII.
An International Commission is instituted and appointed to ensure the
execution of the provisions of the present Act of Navigation.
The Powers signatory to this Act, as well as those who afterwards accept
it, shall at all times be represented on the said Commission, each by a
delegate. No delegate shall have more than one vote, even in the event of
his representing several governments.
This delegate shall be paid by his own government direct. The salaries
and allowances of the agents and servants of the International Commission
shall be charged to the proceeds of the dues levied conformably to
Article XIV, paragraphs 2 and 3.
The amounts of said salaries and allowances, as well as the number,
position and duties of the agents and servants, shall appear in the
account rendered each year to the Governments represented on the
International Commission.
ARTICLE XVIII.
The members of the International Commission, as well as the agents
nominated by them, are invested with the privilege of inviolability in
the exercise of their functions. The same guarantee shall extend to the
offices, premises 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 nominated their delegates. Pending the
constitution of the Commission, the nomination of the delegates shall be
notified to the Government of the German Empire, by whom the necessary
steps will be taken to manage the meeting of the Commission.
The Commission will draw up, without delay, the arrangements for the
navigation, river police, pilotage and quarantine.
These regulations, as well as the tariffs, instituted by the Commission,
before being put in force, shall be submitted to the approbation of
the Powers represented on the Commission. The powers interested, shall
declare their opinion therein with the least possible delay.
Offences against these regulations shall be dealt with by the agents of
the International Commission, where it exercises its authority direct,
and in other places by the river-side Powers.
In case of abuse of power or injustice on the part of an agent or servant
of the International Commission, the individual considering himself
injured in his person or his rights, shall apply to the consular agent of
his nation. He will inquire into his complaint, and if _prima facié_, he
finds it reasonable, he shall be entitled to report it to the Commission.
On his initiative, the Commission, represented by three or fewer of its
members, shall join with him in an inquiry touching the conduct of its
agent or servant. If the Consular agent considers the decision of the
Commission as objectionable in law, he shall report to the Government,
who shall refer 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, entrusted under the terms
of Article XVII, with insuring the execution of the present Act of
Navigation, shall specially devote its attention to:——
(1.) The indication of such works as are necessary for insuring the
navigability of the Congo, in accordance with the requirements of
international trade.
On sections of the river where no Power exercises rights of sovereignty,
the international Commission shall itself take the measures necessary for
insuring the navigability of the stream.
On sections of the river occupied by a sovereign Power, the International
Commission shall arrange with the river-side authority.
(2.) The fixing of the tariff for pilotage, and of the general tariff
of navigation dues, provided for in the second and third paragraphs of
Article XIV.
The tariffs mentioned in the first paragraph of Article XIV, shall be
settled by the territorial authority within the limits provided for in
that article.
The collection of these dues shall be under the care of the international
or territorial authority, on whose account they have been established.
3. The administration of the revenues accruing from the application of
the foregoing paragraph 2.
4. The surveillance of the quarantine establishment instituted in
compliance with Article XXIV.
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.
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