Notes on the General Act of the Conference of Berlin, 1885

GENERAL ACT OF THE CONFERENCE OF BERLIN

Date: February 26, 1885
Location: Berlin, Germany

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 III:

    • Trade Regulations: All imported wares into the Congo regions shall be subjected only to reasonable taxes that serve as fair compensation for trade interests.
    • These taxes must be equally shared by both local subjects and foreigners of all nationalities.
    • Prohibition of Differential Dues: All differential dues on vessels and merchandise are strictly forbidden.

  • Article V:

    • Monopoly and Trade Rights: No sovereign Power in the Congo region may grant monopolies or any form of preferential treatment in trade.
    • Rights for Foreigners: Foreigners are guaranteed protection for their persons and property.
    • This includes the right to acquire and transfer both movable and immovable property.
    • They will also enjoy national rights and treatment in their professional activities.

CHAPTER II: PROVISIONS RELATIVE TO PROTECTION OF THE NATIVES, OF MISSIONARIES AND TRAVELLERS, AS WELL AS RELATIVE TO RELIGIOUS LIBERTY

  • Article VI:
    • Native Protection: All Powers with sovereignty or influence in the territories are obligated to supervise the preservation of native tribes and improve their moral and material conditions.
    • Slavery and Slave Trade: Efforts must be made to suppress slavery, particularly the slave trade.
    • Support for Institutions: All religious, scientific, or charitable organizations aimed at benefiting the natives shall receive protection and support.
    • Rights of Missionaries and Explorers: Christian missionaries, scientists, explorers, and their property are subject to special protection.
    • Religious Freedom Guaranteed:
    • Freedom of conscience and religious toleration must be guaranteed to natives, individuals, and foreigners alike.
    • The exercise of worship in all forms is recognized as a right, including constructing buildings for religious purposes and organizing religious missions for all faiths.

CHAPTER III: DECLARATION RELATIVE TO THE SLAVE TRADE

  • Article IX:
    • Prohibition of Slave Trade: Trading in slaves is forbidden according to principles of international law acknowledged by the Signatory Powers.
    • Operations that supply slaves for trading are also illegal.
    • Preventing Transit for Slave Trade:
    • The regions in the Congo will not be utilized as markets or transit points for slave trading, regardless of race.
    • Power Obligations:
    • Each signatory Power commits to using all available means to terminate the slave trade and punish offenders.

CHAPTER IV: ACT OF NAVIGATION FOR THE CONGO

  • Article XIII:
    • Navigation Rights: Navigation along the Congo and its branches is to remain free for merchant ships from all nations, whether for cargo or ballast, and for transporting goods and passengers.
    • Regulations on Navigation: Navigation shall be regulated by this Act and its subsequent rules, ensuring that all nations are treated equally in navigation from the sea to the Congo's inland ports and in all coastal trade.

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:

    • Notification of Occupation: Any Power that occupies land along the African coast or establishes a Protectorate must notify other Powers, allowing them to assert any claims they may have.

  • Article XXXV:

    • Establishing Authority: The signatory Powers are obliged to ensure sufficient authority is established in regions they occupy to protect existing rights and ensure freedom of trade and transit according to agreed conditions.

CLOSING STATEMENT

  • Confirmation: The plenipotentiaries of the signatory Powers have duly signed the General Act and affixed their seals accordingly.
  • Location and Date: Done in Berlin on February 26, 1885.