Notes on the General Act of the Berlin Conference (1885)
The General Act of the Berlin Conference (February 26, 1885) and its Core Provisions
Historical Context and Purpose
Original Document Title: 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:
Freedom of Trade in the Basin of the Congo
The Slave Trade
Neutrality of the Territories in the Basin of the Congo
Navigation of the Congo
Navigation of the Niger
Rules for Future Occupation on the Coast of the African Continent
Date and Signatories: Signed at Berlin on February . The representatives of nations signed: the United Kingdom (and Empress of India), France, Germany (and King of Prussia), Austria-Hungary (and King of Bohemia and Apostolic King of Hungary), Belgium, Denmark, Spain, the United States of America, Italy, the Netherlands (and Grand Duke of Luxemburg), Portugal (and the Algarves), Russia, Sweden-Norway, and Turkey (Ottoman Empire).
Objectives (Stated in the Preamble):
To regulate conditions favorable to the development of trade and civilization in certain African regions in a spirit of good and mutual accord.
To assure all nations the advantages of free navigation on the two principal African rivers flowing into the Atlantic Ocean (Congo and Niger).
To prevent misunderstandings and disputes that might arise from new acts of occupation (prises de possession) on the coast of Africa (addressing the 'Scramble for Africa').
To further the moral and material well-being of the native populations.
Initiation: The Conference was convened at the invitation of the Imperial Government of Germany, in agreement with the Government of the French Republic.
Structure of the Act: The plenipotentiaries discussed and adopted several declarations and acts, subsequently combining them into a single 'General Act' consisting of multiple chapters and articles.
Chapter I: Declaration Relative to Freedom of Trade in the Basin of the Congo, Its Mouths, and Circumjacent Regions
Scope of Free Trade (Article 1)
Complete Freedom of Trade: The trade of all nations shall enjoy complete freedom in the following defined regions:
Congo Basin, Its Outlets, and Affluents: Comprising all regions watered by the Congo and its affluents, including Lake Tanganyika with its eastern tributaries. This basin is geographically defined by the watersheds (mountain ridges) of the adjacent basins:
North: Niari, Ogowé, Schari, and the Nile.
East: Eastern watershed line of the affluents of Lake Tanganyika.
South: Zambesi and the Logé.
Maritime Zone: Extending along the Atlantic Ocean from the parallel situated in of south latitude to the mouth of the Logé River.
Northern Boundary: Follows the parallel situated in from the coast to its meeting point with the geographical basin of the Congo, explicitly avoiding the basin of the Ogowé (to which the Act's provisions do not apply).
Southern Boundary: Follows the course of the Logé to its source, then passes eastwards to join the geographical basin of the Congo.
Eastern Zone to the Indian Ocean: Stretching eastwards from the Congo Basin (as defined above) to the Indian Ocean, from degrees of north latitude to the mouth of the Zambesi in the south.
Demarcation Line: From the Zambesi mouth, the line ascends the Zambesi to miles above its confluence with the Shire, then follows the watershed between the affluents of Lake Nyassa and those of the Zambesi, finally reaching the watershed between the waters of the Zambesi and the Congo.
Special Note on Eastern Zone: It is explicitly recognized that for this eastern zone, the Conference Powers undertake engagements only for themselves. In territories belonging to an independent Sovereign State, the free trade principle is applicable only if approved by that State. However, the Powers agree to use their 'good offices' with African shore governments on the Indian Ocean to obtain such approval and secure favorable transit conditions for all nations.
Access, Taxes, and Monopolies
Free Access (Article 2): All flags, without distinction of nationality, have free access to the entire coastline of the enumerated territories, rivers running into the sea, all waters of the Congo and its affluents (including lakes), all ports on these waters, and any future canals connecting these waterways or lakes. Traders under these flags can engage in all types of transport, coasting trade (sea and river), and boat traffic on the same footing as subjects.
Non-Discriminatory Taxes (Article 3): Wares, regardless of origin, flag, or mode of transport (sea, river, overland), are subject only to taxes levied as fair compensation for trade-related expenditures. These taxes must be equally borne by subjects and foreigners of all nationalities. Differential dues on vessels and merchandise are strictly forbidden.
Freedom from Import and Transit Dues (Article 4): Merchandise imported into these regions shall remain free from import and transit dues. The Powers reserve the right to determine if this freedom of import shall be retained after the lapse of years. Powers exercising sovereignty or Protectorate rights engage to take necessary measures as circumstances permit.
No Monopolies or Favors (Article 5): No Power exercising sovereign rights in these regions is allowed to grant a monopoly or favor of any kind in matters of trade. Foreigners are guaranteed protection of their persons and property, the right to acquire and transfer movable and immovable possessions, and national rights and treatment in the exercise of their professions.
Protection and Welfare
Protection of Natives, Missionaries, and Religious Liberty (Article 6):
Native Populations: All Powers exercising sovereign rights or influence in the defined territories bind themselves to:
Watch over the preservation of the native tribes.
Care for the improvement of their moral and material well-being.
Help in suppressing slavery, especially the slave trade.
Institutions and Individuals: They shall, without distinction of creed or nation, protect and favor all religious, scientific, or charitable institutions and undertakings created for these ends, and those aiming to instruct natives and bring them the 'blessings of civilization'.
Special Protection: Christian missionaries, scientists, and explorers, along with their followers, property, and collections, are objects of especial protection.
Religious Freedom: Freedom of conscience and religious toleration are expressly guaranteed to natives, subjects, and foreigners alike. The free and public exercise of all forms of divine worship, the right to build religious edifices, and to organize religious missions of all creeds shall not be limited or fettered.
Ancillary Provisions
Postal Regime (Article 7): The Convention of the Universal Postal Union, as revised at Paris on June , shall be applied to the Conventional basin of the Congo.
Right of Surveillance (Article 8): In parts of the declared territory where no Power exercises sovereignty or Protectorate, the International Navigation Commission of the Congo (instituted under Article ) is charged with supervising the application of the principles proclaimed. In cases of disagreement concerning these principles, involved governments may appeal to the Commission's 'good offices' by submitting facts for examination.
Chapter II: Declaration Relative to the Slave Trade (Article 9)
Prohibition of Slave Trade: Recognizing that trading in slaves is forbidden according to international law, and operations (sea or land) that furnish slaves to trade are likewise forbidden.
Congo Basin as Safe Haven: The Powers exercising sovereign rights or influence in 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, regardless of race.
Enforcement: Each Power binds itself to employ all means at its disposal to end this trade and punish those engaged in it.
Chapter III: Declaration Relative to the Neutrality of the Territories Comprised in the Conventional Basin of the Congo
Respect for Neutrality (Article 10)
To provide new security for trade and industry, promote peace, and encourage civilization in the free trade areas mentioned in Article , the High Signatory Parties (and future adopters) bind themselves to respect the neutrality of these territories, including their territorial waters.
Condition: This respect for neutrality is conditional on the Powers exercising sovereignty or Protectorate over these territories choosing to proclaim themselves neutral and fulfilling the duties required by neutrality.
Neutrality in Times of War (Article 11)
If a Power with sovereign rights or Protectorate in the free trade system (Article ) is involved in a war, other Signatory Parties (and adopters) pledge to lend their good offices.
Goal: To ensure that, by common consent of the belligerent Power and other belligerents, the territories of that Power within the Conventional free trade zone are placed under neutrality during the war and considered part of a non-belligerent State.
Effect: Belligerents must then abstain from extending hostilities to these neutralized territories and from using them as a base for warlike operations.
Dispute Resolution (Article 12)
In case of serious disagreement arising within or concerning the limits of the territories mentioned in Article between any Signatory Powers, these Powers commit to having recourse to the mediation of one or more friendly Powers before appealing to arms.
The same Powers also reserve the option of having recourse to arbitration in such cases.
Chapter IV: Act of Navigation for the Congo
Freedom of Navigation and Treatment (Articles 13-16)
Freedom of Navigation (Article 13): The navigation of the Congo, including all its branches and outlets, is and shall remain free for merchant ships of all nations, whether carrying cargo or ballast, for the transport of goods or passengers. It is regulated by this Act and its pursuant rules.
Equality of Treatment: Subjects and flags of all nations are to be treated on a footing of perfect equality in all respects, not only for direct navigation from the open sea to inland ports but also for coasting trade (great and small) and boat traffic on the river.
No Discrimination: No distinction is to be made between subjects of riverain States and non-riverain States on the Congo's course and mouths. No exclusive privilege of navigation will be conceded to companies, corporations, or private persons.
International Law: These provisions are recognized by the Signatory Powers as forming part of international law.
Restrictions and Dues (Article 14):
No Unstipulated Restrictions: Navigation shall not be subject to any restriction or obligation not expressly stipulated by this Act.
Forbidden Dues: It shall not be exposed to landing dues, station or depot tax, charges for breaking bulk, or compulsory entry into port.
No Transit Dues: Ships and goods in transit on the river are not subject to transit dues, regardless of their starting place or destination.
No Navigation Tolls: No maritime or river toll based merely on the fact of navigation, nor any tax on goods aboard ships.
Permitted Taxes (Compensation for Services Rendered): Only taxes or duties equivalent to services rendered to navigation itself may be levied:
Harbour dues: On local establishments like wharves and warehouses, if actually used. The tariff is based on construction and maintenance costs and applied without regard to vessel origin or cargo.
Pilot dues: For stretches requiring qualified pilots. Tariff is fixed and calculated proportionally to the service rendered.
Charges for technical and administrative expenses: In the general interest of navigation, including lighthouse, beacon, and buoy duties. These dues are based on vessel tonnage (from ship's papers) in accordance with rules adopted on the Lower Danube.
Tariff Rules: Tariffs for all enumerated dues/taxes must not involve any differential treatment and must be officially published at each port. Powers reserve the right to revise these tariffs by common accord after years.
Affluents and Related Waterways (Article 15):
The affluents of the Congo are subject to the same rules as the main river.
The same rules also apply to streams, rivers, lakes, and canals within the territories defined in paragraphs and of Article .
Limitation: The powers of the International Commission of the Congo (ICC) do not extend to these additional waterways unless with the assent of the States under whose sovereignty they are placed. For territories in Article , paragraph , the consent of the Sovereign States owning them is reserved.
Roads, Railways, and Lateral Canals (Article 16):
Roads, railways, or lateral canals constructed to circumvent innavigability or correct imperfections on certain sections of the Congo, its affluents, and other waterways are considered dependencies of the river and equally open to the traffic of all nations.
Tolls: Tolls on these infrastructures are collected based solely on the cost of construction, maintenance, management, and profits due to promoters.
Equality: Tariffs for these tolls treat strangers and native populations of the respective territories on a footing of perfect equality.
The International Navigation Commission of the Congo (ICC) (Articles 17-24)
Institution and Representation (Article 17):
An International Commission is instituted to execute the provisions of this Act of Navigation.
Signatory Powers (and subsequent adherents) may be represented by one delegate each, with no delegate having more than one vote, even if representing multiple governments.
Delegates are directly paid by their respective governments. Agents and employees of the ICC are remunerated from the dues collected under Article , paragraphs and . Details of remuneration, numbers, grades, and powers of staff are submitted yearly to represented governments.
Inviolability (Article 18): ICC members and appointed agents have inviolability in the exercise of their functions. This guarantee also extends to the Commission's offices and archives.
Constitution and Rule-Making (Article 19):
The ICC is constituted once of the Signatory Powers have appointed their delegates. Notification of delegate appointments is made to the Imperial Government of Germany, which summons the Commission's first meeting.
The Commission immediately drafts navigation, river police, pilot, and quarantine rules.
Approval: These rules and the tariffs framed by the Commission must be submitted for approval to the Powers represented on the Commission before coming into force. Interested Powers must communicate their views promptly.
Infringement Enforcement: Infringements of these rules are checked by ICC agents where it exercises direct authority, and by the riverain Power elsewhere.
Complaints Against Agents: Individuals aggrieved by an abuse of power or injustice by an ICC agent/employee may apply to their country's consular agent. If the complaint is prima facie reasonable, the consular agent brings it before the Commission (at least members present) for inquiry. If the consular agent views the Commission's decision as raising legal questions (objections de droit), they report to their government, which may then request instructions for the Commission from the Powers represented.
Independence: The ICC, within its defined and limited functions, is independent of territorial authorities.
Specific Powers of the ICC (Article 20):
Navigability Works: To decide on necessary works to ensure the navigability of the Congo for international trade needs. On sections where no Power exercises sovereign rights, the ICC itself takes measures. On sections held by a Sovereign Power, the ICC coordinates (s'entendra) with riparian authorities.
Tariff Fixing: To fix the pilot tariff and the general navigation dues as outlined in Article , paragraphs and . (Tariffs under Article , paragraph , are framed by territorial authorities within specified limits).
Revenue Administration: To administer the revenue generated from the application of the preceding paragraph (dues).
Quarantine Superintendence: To superintend the quarantine establishment created under Article .
Staff Appointment: To appoint officials for general navigation service and its own employees. Territorial authorities appoint sub-inspectors on sections they occupy (notifying ICC and paying salaries); the ICC appoints on other sections.
Recourse to War Vessels (Article 21): The ICC may, if needed, have recourse to the war vessels of the Signatory Powers (and future acceding Powers), subject to instructions given to commanders by their respective governments.
War Vessels Exemptions (Article 22): War vessels of Signatory Powers entering the Congo are exempt from navigation dues under Article , paragraph . However, if their intervention is not called for by the ICC, they are liable for any established pilot or harbour dues.
Loan Mechanisms (Article 23): To cover technical and administrative expenses, the ICC may negotiate loans in its own name, exclusively guaranteed by the revenues it raises (specifically, the dues specified in Article , paragraph ).
Decision-making: Loan decisions require a majority of two-thirds.
Government Liability: Governments represented on the Commission are not held as assuming any guarantee or joint liability for these loans, unless through special conventions concluded to that effect.
Priority Charge: The revenue from Article , paragraph , dues bears as a first charge the payment of interest and sinking fund for these loans, as agreed with lenders.
Quarantine Establishment (Article 24): A quarantine establishment shall be founded at the mouth of the Congo, either on the initiative of riverain Powers or by ICC intervention, to control vessels entering and leaving the river. Powers will later decide conditions for sanitary control of vessels navigating the river itself.
Navigation in Times of War (Article 25)
The provisions of this Act of Navigation remain in force in time of war.
Continued Free Navigation: All nations, whether neutral or belligerent, shall always be free, for trade purposes, to navigate the Congo, its branches, affluents, and mouths, as well as the territorial waters fronting its embouchure.
Traffic on Infrastructure: Traffic on the roads, railways, lakes, and canals mentioned in Articles and will similarly remain free despite a state of war.
Exception: This principle has one exception: the transport of articles intended for a belligerent, which are regarded as contraband of war under the law of nations.
Neutrality of Establishments: All works and establishments created under this Act (especially tax collecting offices and treasuries, and their permanent staff) shall enjoy the benefits of neutrality and be respected and protected by belligerents.
Chapter V: Act of Navigation for the Niger
Freedom of Navigation and Dues (Articles 26-29)
Complete Freedom (Article 26): The navigation of the Niger, including all its branches and outlets, is and shall remain entirely free for merchant ships of all nations, whether with cargo or ballast, for the transportation of goods and passengers. It is regulated by this Act and its pursuant rules.
Equality: Subjects and flags of all nations are to be treated on a footing of perfect equality in all circumstances for direct navigation from the open sea to inland ports, coasting trade (great and small), and boat trade.
No Discrimination/Privileges: No distinction between riverain and non-riverain States. No exclusive navigation privilege for companies, corporations, or private persons.
International Law: These provisions are recognized as part of international law.
Restrictions and Dues (Article 27):
Not subject to any restriction or obligation based merely on the fact of navigation.
Not exposed to any obligation regarding landing-station or depot, breaking bulk, or compulsory entry into port.
No maritime or river toll based solely on navigation, nor any tax on goods aboard ships.
Permitted Taxes: Only taxes or duties equivalent to services rendered to navigation itself may be collected. The tariff for these taxes/duties must not warrant any differential treatment.
Affluents (Article 28): The affluents of the Niger are in all respects subject to the same rules as the main river.
Roads, Railways, and Lateral Canals (Article 29):
Roads, railways, or lateral canals constructed to obviate innavigability or correct imperfections on certain sections of the Niger, its affluents, branches, and outlets, are considered dependencies of the river and equally open to the traffic of all nations.
Tolls: Tolls on these infrastructures are collected based solely on the cost of construction, maintenance, management, and profits due to promoters.
Equality: Tariffs for these tolls treat strangers and native populations of the respective territories on a footing of perfect equality.
Commitments of Powers (Articles 30-32)
Great Britain's Undertaking (Article 30): Great Britain undertakes to apply the principles of freedom of navigation enunciated in Articles to all waters of the Niger, its affluents, branches, and outlets that are or may be under her sovereignty or protection. Rules established for safety and control of navigation must facilitate merchant ship circulation. This does not hinder Great Britain from making navigation rules not contrary to these engagements. Great Britain also undertakes to protect foreign merchants and all trading nationalities in her Niger territories as if they were her own subjects, provided they conform to applicable rules.
France's Acceptance (Article 31): France accepts, under the same reservations and identical terms, the obligations undertaken in the preceding Articles regarding Niger waters under her sovereignty or protection.
Binding on Other Powers (Article 32): Each of the other Signatory Powers similarly binds itself should it ever exercise rights of sovereignty or protection over any portion of the Niger waters in the future.
Navigation in Times of War (Article 33)
The arrangements of this Act of Navigation remain in force in time of war.
Continued Free Navigation: The navigation of all neutral or belligerent nationals will at all times be free for commerce on the Niger, its branches, affluents, mouths, and outlets, as well as on the territorial waters opposite its mouths and outlets.
Traffic on Infrastructure: Traffic on the roads, railways, and canals mentioned in Article will remain equally free despite a state of war.
Exception: This principle has one exception: the transport of articles destined for a belligerent, considered as contraband of war under the law of nations.
Chapter VI: Declaration Relative to the Essential Conditions to Be Observed for New Occupations on the Coasts of the African Continent to Be Held Effective
Notification Requirement (Article 34): Any Power taking possession of land on the coasts of the African continent outside its present possessions, or acquiring such possessions for the first time, or assuming a Protectorate there, is required to notify its respective act to the other Signatory Powers of this Act. This is to enable them, if necessary, to make good any claims of their own.
Establishment of Authority (Article 35): The Signatory Powers recognize the obligation to ensure the establishment of sufficient authority in the regions occupied by them on the African coasts. This authority must be sufficient to protect existing rights and, as applicable, freedom of trade and transit under the agreed conditions.
Chapter VII: General Dispositions
Future Modifications (Article 36): The Signatory Powers reserve the right to introduce modifications and improvements to this General Act by common accord, as experience may show to be expedient.
Adhesion by Non-Signatory Powers (Article 37): Powers that did not sign this General Act are free to adhere to its provisions by a separate instrument. Each adhesion must be notified diplomatically to the Government of the German Empire, which in turn notifies all other signatory or adhering Powers. Such adhesion implies full acceptance of all obligations and admission to all advantages stipulated by the General Act.
Ratification (Article 38):
The General Act shall be ratified as soon as possible, in no case exceeding year.
It comes into force for each Power from the date of its ratification by that Power.
Signatory Powers bind themselves not to take any steps contrary to its provisions in the interim.
Each Power sends its ratification to the Government of the German Empire, which notifies all other Signatory Powers.
All ratifications will be deposited in the archives of the German Government. Once all ratifications are sent, a 'Deposit Act' (Protocol) will be drawn up, signed by representatives of all Powers that participated in the Berlin Conference, and a certified copy sent to each of them.
Execution Location and Date: Done at Berlin, the day of February, .