Verträge und Verhandlungen über Afrika. Der englisch-kongolesische Vertrag vom 12. Mai 1894 *). Nr. 10568. ENGLAND. Minister des Auswärtigen an Mr. Hardinge. Begründung des Vertrages mit dem Kongostaate. Foreign Office, May 23, 1894. Sir, When Her Majesty's Government decided upon assuming the Pro- Nr. 10568. England. tectorate of Uganda, it became incumbent on them to consider the position 23. Mai 1894. of Great Britain as regards that part of the British sphere described in the Anglo-German Agreement as the western watershed of the Nile. It was understood, that in 1890 arrangements were made between the Administrator of the Congo Free State and the late Sir W. Mackinnon, under which the East Africa Company agreed to waive in favour of the Free State any powers which it might acquire in the territory so described as a Chartered Company administering in the British sphere with the sanction of the Crown. The documents recording whatever arrangements may have been concluded were not officially communicated to, nor sanctioned by, Her Majesty's Government, and obviously could not have validity without that sanction. The Free State Administration, however, appears to have considered that, in virtue of these arrangements, it was justified in sending exploring parties into the territory affected by them. The expeditions are believed to have travelled over a considerable portion of the territory, and it appears that their leaders made Treaties and established posts. || Her Majesty's Minister at Brussels was, from time to time, directed to point out, that, though Her Majesty's Government had no accurate information as to the destination and proceedings of these expeditions, the territory thus explored was well known to be included in the British sphere of influence. || Her Majesty's Government, in examining this situation in connection with the Protectorate of Uganda, desired, in order to put an end to all controversy as to these preceedings, to arrive at an arrangement which would be satisfactory to both parties. They could not fail to recognize the sacrifices which had been made in endeavouring to open up the country by His Majesty the King Englisches Blaubuch Afrika Nr. 4. (1894). England. Nr. 10568. of the Belgians, whose efforts to promote the civilization of Africa have com23. Mai 1894, manded their warm sympathy. On approaching His Majesty they found him fully disposed to enter into an arrangement which, while enabling him to continue the work he had commenced, would record his recognition of the position of Great Britain in her sphere, and of such claims as Egypt, and through her Turkey, may have to the Equatorial Provinces whose administration was abandoned owing to the evacuation of the Soudan. || I inclose copy of an Agreement by which His Majesty having recognized, on behalf of the Congo State, the British sphere of influence as laid down in the Anglo-German Agreement of 1890, receives from Great Britain leases of the territory specified in the Agreement under certain conditions. || Her Majesty's Government are satisfied, that, under the Agreement, this portion of the British sphere will be administered in a spirit in full accordance with the requirements of civilization, and of the Acts of Berlin and Brussels. || The Agreement also effects certain frontier rectifications with the Congo Free State, which remove causes of possible local friction, and adds to the delimitations already concluded with Italy on the north and Germany on the south, delimitation between the British sphere and the conterminous Power on the west. || Finally, Article 3 provides for the lease to Great Britain of a port at the northern end of Lake Tanganyika. As the southern end of the Lake is within the British sphere in Central Africa, this Concession will materially facilitate communication between the two British spheres. In order to secure access to this port, the lease has been obtained of a road passing through the Free State territory, connecting Lake Albert. Edward, the eastern shore of which is in the British sphere, with the leased port. The navigation of Lake Tanganyika being declared to be free by the IInd Article of the Act of Berlin of 1885, this arrangement secures to British trade uninterrupted communication, the value of which is completed by the guarantees as to freedom of transit recorded in the IVth Article of the Berlin Act, and the VIIIth Article of the Anglo-German Agreement of 1890. || A map is annexed showing the effect of the Agreement. Kimberley. Nr. 10569. Kongostaat. Nr. 10569. ENGLAND und der KONGOSTAAT. Vertrag über die Abgrenzung ihrer Interessensphären. Mai 12, 1894. The Undersigned, the Honourable Sir Francis Richard Plunkett, a Knight England Grand Cross of the Most Distinguished Order of St. Michael and St. George, und der Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary to 12. Mai 1894. the King of the Belgians, on behalf of the British Government, and M. van Eetvelde, Officer of the Order of Leopold, Grand Cross of the Orders of St. Gregory the Great, of Christ of Portugal, and of the African Redemption, &c., Secretary of State of the Interior of the Independent State of the Congo, on behalf of the Government of the Independent State of the Congo, duly || His Nr. 10569. und der 12. Mai 1894. authorized by their respective Governments, have agreed as follows: Majesty the King of the Belgians, Sovereign of the Independent State of the Congo, having recognized the British sphere of influence, as laid down in the Kongostaat. Anglo-German Agreement of the 1st July, 1890, Great Britain undertakes to give to His Majesty a lease of territories in the western basin of the Nile, under the conditions specified in the following Articles: Article I. (a.) It is agreed, that the sphere of influence of the Independent Congo State shall be limited to the north of the German sphere in East Africa by a frontier following the 30th meridian east of Greenwich up to its intersection by the watershed between the Nile and the Congo, and thence following this watershed in a northerly and north-westerly direction. || (b) The frontier between the Independent Congo State and the British sphere to the north of the Zambesi shall follow a line running direct from the extremity of Cape Akalunga on Lake Tanganika, situated at the northernmost point of Cameron Bay at about 8o 15' south latitude, to the right bank of the River Luapula, where this river issues from Lake Moero. The line shall then be drawn directly to the entrance of the river into the lake, being, however, deflected towards the south of the lake so as to give the Island of Kilwa to Great Britain. It shall then follow the "thalweg" of the Luapula up to its issue from Lake Bangweolo. Thence it shall run southwards along the meridian of longitude of the point where the river leaves the lake to the watershed between the Congo and Zambesi, which it shall follow until it reaches the Portuguese frontier. Article II. Great Britain grants a lease to His Majesty King Leopold II, Sovereign of the Independent Congo State, of the territories hereinafter defined, to be by him occupied and administered on the conditions and for the period of time hereafter laid down. || The territories shall be bounded by a line starting from a point situated on the west shore of Lake Albert, immediately to the south of Mahagi, to the nearest point of the frontier defined in paragraph (a) of the preceding Article. Thence it shall follow the watershed between the Congo and the Nile up to the 25th meridian cast of Greenwich, and that meridian up to its intersection by the 10th parallel north, whence it shall run along that parallel directly to a point to be determined to the north of Fashoda. Thence it shall follow the "thalweg" of the Nile southward to Lake Albert, and the western shore of Lake Albert to the point above indicated south of Mahagi. || This lease shall remain in force during the reign of His Majesty Leopold II, Sovereign of the Independent Congo State. || Nevertheless, at the expiration of His Majesty's reign, it shall remain fully in force as far concerns all the portion of the territories above mentioned situated to the west of the 30th meridian east of Greenwich, as well as a strip of 25 kilom. in breadth, to be delimitated by common consent, stretching from the watershed as England Nr. 10569. between the Nile and the Congo up to the western shore of Lake Albert, und der and including the port of Mahagi. || This extended lease shall be continued so Kongostaat. long as the Congo territories as an Independent State or as a Belgian Colony remain under the sovereignty of His Majesty and His Majesty's successors. Throughout the continuance of a lease there shall be used a special flag in the leased territories. 12. Mai 1894. Article III. The Independent Congo State grants under lease to Great Britain, to be administered when occupied, under the conditions and for the period hereafter determined, a strip of territory 25 kilom, in breadth, extending from the most northerly port on Lake Tanganika, which is included in it, to the most southerly point of Lake Albert Edward. | This lease will have similar duration to that which applies to the territories to the west of the 30th meridian east of Greenwich. Article IV. His Majesty King Leopold II, Sovereign of the Independent Congo State, recognizes, that he neither has nor seeks to acquire any political rights in the territories ceded to him under lease in the Nile Basin other than those which are in conformity with the present Agreement. || Similarly, Great Britain recognizes, that she neither has nor secks to acquire any political rights in the strip of territory granted to her on lease between Lake Tanganika and Lake Albert Edward other than those which are in confirmity with the present Agreement. Article V. The Independent Congo State authorizes the construction through its territories by Great Britain, or by any Company duly authorized by the British Government, of a line of telegraph connecting the British territories in South Africa with the British sphere of influence on the Nile. The Government of the Congo State shall have facilities for connecting this line with its own telegraphic system. This authorization shall not confer on Great Britain or any Company, person or persons, delegated to construct the telegraph line, any rights of police or administration within the territory of the Congo State. Article VI. In the territories under lease in this Agreement the subjects of each of the Contracting Parties shall reciprocally enjoy equal rights and immunities, and shall not be subjected to any differential treatment of any kind. || In witness whereof the Undersigned have signed the present Agreement, and have affixed thereto the seal of their arms. Done in duplicate at Brussels, this 12th day of May, 1894. Francis Richard Plunkett. Nr. 10570. ENGLAND. Der englische Bevollmächtigte an den des Kongostaates. Die Rechte der Türkei und Acgyptens werden durch den Vertrag nicht berührt, England. 12. Mai 1894. M. le Secrétaire d'État, || The Earl of Kimberley, in authorizing me to Nr. 10570. sign the Agreement of this day's date for a lease of certain territories in the British sphere of influence in East Africa to His Majesty King Leopold II, has directed me to record the assurance that the parties to the Agreement do not ignore the claims of Turkey and Egypt in the basin of the Upper Nile. F. R. Plunkett. Nr. 10571. KONGOSTAAT. Der Bevollmächtigte des Kongo staates an den englischen. Dasselbe. Brussels, May 12, 1894. Kongostaat. 12. Mai 1894. Sir, || In signing, on behalf of His Majesty Leopold II, the Agreement of Nr. 10571. this day's date, for a lease of certain territories in the British sphere of influence in East Africa, I reciprocate the assurance that the parties to the Agreement do not ignore the claims of Turkey and Egypt in the basin of the Upper Nile. Nr. 10572. KONGQSTAAT. -- Edm. van Eetvelde. Der Bevollmächtigte des Kongo. staates an den englischen. Erlaubniss zur Werbung im Kongostaate. Bruxelles, le 12 Mai, 1894. Kongostaat. M. le Ministre, || Au cours des pourparlers auxquels a donné lieu la Con- Nr. 10572. vention de ce jour entre l'État Indépendant du Congo et la Grande-Bretagne, 12. Mai 1894. j'ai eu l'occasion de déclarer à votre Excellence que l'État du Congo s'engage à autoriser, le cas échéant, les recrutements de soldats que les Agents dûment commissionnés à cet effet par les autorités Britanniques désireraient effectuer dans les territoires situés entre le 30 méridien et le Lac Albert. J'ai l'honneur de confirmer cet engagement, et je saisis, &c. Edm. van Eetvelde. Nr. 10573. ENGLAND. Der englische Bevollmächtigte an den British Legation, Brussels, Mai 12, 1894. M. le Secrétaire d'État, || In accordance with the wish which you have expressed, I have to convey to your Excellency the assurance, on the part of the Earl of Kimberley, that his Lordship will be ready to recommend to Her Majesty's Secretary of State for the Colonies that facilities shall be given, so far Nr. 10573. 12. Mai 1894. |