Study Notes on Colonial Treaties and the Berlin Conference

From Abolition to Conquest

Introduction

  • The period discussed involves treaties and agreements made during colonial expansion in Africa, focusing on trade rights, local governance, and protection agreements.

Key Provisions of the Treaty

  • Non-Intercourse Clause

    • The parties to the treaty agree not to engage in any interactions concerning tribal or state matters outside of the designated Company.

    • This establishes the Company as the legally recognized government within the territories.

    • However, this clause does not suggest a monopoly of trade, direct or indirect, or restrict private commercial interactions with any national entities.

    • Administrative regulations may still be applied in the interest of commerce and order.

  • Respect for Local Laws

    • The Company commits to respecting native laws and customs, so long as they do not conflict with order, governance, or civilization advancement.

  • Protection Clause

    • The Company binds itself to protect local kings and chiefs from aggressive neighboring tribes whenever feasible.

  • Compensation to Local Leaders

    • The Company confirms the payment of goods to local kings and chiefs, acknowledging receipt and acceptance of the treaty terms.

  • Interpretation and Approval

    • The treaty is interpreted and accepted by the local rulers who affix their marks as a sign of consent in the presence of witnesses.

    • An interpreter also declares that they have accurately conveyed the contents of the treaty to the signatories.

The Berlin Conference

  • Overview

    • Held between November 1884 and February 1885, called by Chancellor Otto von Bismarck of Germany to regulate competition among European nations for African territories.

    • Attendees included representatives from every European nation and the United States.

    • Key aim was not the partition of Africa, but ensuring access to major trading areas like the Niger and Congo river basins.

  • Public Opinion Influence

    • The conference was significantly influenced by anti-slavery advocate David Livingstone and the explorative writings of Henry Morton Stanley.

    • The linking of commercial interests to humanitarian objectives was meant to gain public and international approval.

  • Agreements Made

    • Signatories agreed to ban arms imports into Africa, with exceptions for self-protection by their agents, establishing a European claim over a monopoly on firearms.

General Act of the Berlin Conference

  • Key Articles and Provisions

Chapter I: Freedom of Trade

  • Article 1: Establishes that all nations shall enjoy complete freedom in trade within the defined regions.

  • Article V: No country may grant monopolies or special trading favors in these regions.

  • Article VI: Powers are required to ensure the preservation of native tribes and improve their conditions, taking action against slavery.

Chapter II: Slave Trade

  • Article IX: The trading of slaves is prohibited by international law as recognized by the signatory powers.

  • Powers are committed to preventing their territories from serving as markets or transit points for slave trade.

Chapter VI: Conditions for Occupying Territories

  • Article XXXIV: A power claiming new territories must notify other signatory powers to address any potential territorial claims.

  • Article XXXV: Signatories must establish authority in claimed regions, safeguarding existing rights and ensuring freedom of trade and transit as per agreed conditions.

References

  • Edward Hertslet, "The Map of Africa by Treaty, vol. 1" (London: Her Majesty’s Stationery Office, 1894), pp. 20-45.