CONGO FREE STATE. No, 42. CONVENTION BETWEEN GREAT BRITAIN AND THE Signed at Berlin, December 16, 1884.* [Ratifications exchanged at Brussels, May 9, 1885.] WHEREAS the Government of Her Britannic Majesty have recognized the flag of the International Association of the Congo, and of the Free States under its administration, as the flag of a friendly Government; And whereas Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, on the one part, and His Majesty the King of the Belgians, acting as Founder of the International Association of the Congo, and in the name of the said Association, on the second part, deeming it expedient to regulate and define the rights of British subjects in the territories of the said Free States, and to provide for the exercise of civil and criminal jurisdiction over them, in manner hereinafter mentioned, until sufficient provision shall have been made by the Association for the administration of justice amongst foreigners, have with this view appointed their respective Plenipotentiaries, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, Sir Edwin Baldwin Malet, Knight Commander of the Most Honourable Order of the Bath, Her Majesty's Ambassador Extraordinary and Plenipotentiary to His Imperial Majesty the German Emperor, King of Prussia, &c., and His Majesty the King of the Belgians, Charles Ferdinand Strauch, Military Intendant of the First Class in the Belgian Army; The said Plenipotentiaries, having communicated to each other their respective full powers, have agreed upon the following Articles :- ARTICLE I. No Import or Transit Duties to be levied by the Association. The International Association of the Congo undertakes not to levy any duty, import or transit, on articles or merchandize *Signed also in French. [536] Р imported by British subjects into the said territories, or into any territory which may hereafter come under its government. This freedom from custom-house duties shall extend to merchandize and articles of commerce which shall be transported along the roads or canals constructed, or to be constructed, around the cataracts of the Congo. ARTICLE II. Freedom of Residence and Religious Worship.-Protection of Persons and Property.-Commerce, Navigation, Industry, Right to Buy, Sell, Let, or Hire Lands, Houses, Mines, &c., Coasting Trade.-Most-favoured-nation Treatment. British subjects shall have at all times the right of sojourning and of establishing themselves within the territories which are or shall be under the government of the said Association. They shall enjoy the same protection which is accorded to the subjects or citizens of the most favoured nation in all matters which regard their persons, their property, the free exercise of their religion, and the rights of navigation, commerce, and industry. Especially they shall have the right of buying, of selling, of letting, and of hiring lands and buildings, mines and forests, situated within the said territories, and of founding houses of commerce, and of carrying on commerce and a coasting trade under the British flag. ARTICLE III. General Most-favoured-nation Treatment, The Association engages itself not to accord any advantages whatsoever to the subjects of any other nation without the same advantages being extended to British subjects. ARTICLE IV. Appointment and Protection of Consular Officers. Her Majesty the Queen of Great Britain and Ireland may appoint Consuls or other Consular officers to reside at ports or stations within the said territories, and the Association engages itself to protect them. ARTICLE V. British Consular Jurisdiction, Civil and Criminal. Every British Consul or Consular officer within the said territories, who shall be thereunto duly authorized by Her Britannic Majesty's Government, may hold a Consular Court for the district assigned to him, and shall exercise sole and exclusive jurisdiction, both civil and criminal, over the persons and property of British subjects within the same, in accordance with British law. ARTICLE VI. Laws of Free State to be observed by British Subjects.- Nothing in the last preceding Article contained shall be deemed to relieve any British subject from the obligation to observe the laws of the said Free State applicable to foreigners, but any infraction thereof by a British subject shall be justiciable only by a British Consular Court. ARTICLE VII. Offences against Persons or Property of British Subjects by inhabitants of Free State, punishable by Laws of the State.-Administration of Justice. Inhabitants of the said territories who are subject to the government of the Association, if they shall commit any wrong against the person or property of a British subject, shall be arrested and punished by the authorities of the Association according to the laws of the said Free State. Justice shall be equitably and impartially administered on both sides. ARTICLE VIII. Jurisdiction in Civil Cases.-Settlement of Disputes. A British subject, having reason to complain against an inhabitant of the said territories, who is subject to the government of the Association, must proceed to the British Consulate, and there state his grievance. The Consul shall inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if any such inhabitant of the said territories shall have reason to complain of a British subject, the British Consul shall no less listen to his complaint and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the authorities of the Association to examine into the merits of the case and decide it equitably. ARTICLE IX. Recovery of Debts. Should any inhabitant of the said territories, who is subject to the government of the Association, fail to discharge any [536] P 2 debt incurred to a British subject, the authorities of the Association will do their utmost to bring him to justice, and to enforce recovery of the said debt; and should any British subject fail to discharge a debt incurred by him to any such inhabitant, the British authorities will in like manner do their utmost to bring him to justice, and to enforce recovery of the debt. No British Consul nor any authority of the Association is to be held responsible for the payment of any debt contracted either by a British subject, or by any inhabitant of the said territories, who is subject to the government of the Association, ARTICLE X. Above Engagements to apply also in case of Cession of Territory. In case of the Association being desirous to cede any portion of the territory now or hereafter under its government, it shall not cede it otherwise than as subject to all the engagements contracted by the Association under this Convention. Those engagements, and the rights thereby accorded to British subjects, shall continue to be in vigour after every cession made to any new occupant of any portion of the said territory. Ratifications. This Convention shall be ratified, and the ratifications shall be exchanged with the least possible delay. It shall come into operation immediately upon the exchange of ratifications. Done at Berlin, the sixteenth day of December, eighteen hundred and eighty-four. DECLARATIONS EXCHANGED BETWEEN GREAT BRITAIN AND THE INTERNATIONAL ASSOCIATION OF THE CONGO, Berlin, December 16, 1884. DECLARATION OF THE ASSOCIATION. L'ASSOCIATION Internationale du Congo, fondée par Sa Majesté le Roi des Belges, dans le but de favoriser la civilisation et le commerce de l'Afrique, ainsi que dans des intentions humanitaires et bienveillantes, déclaré par la présente ce qui suit: Treaties with States in Basins of the Congo and Niadi Kwilu, &c. 1. Que par des Traités conclus avec les Souverains légitimes dont les Etats sont situés dans les bassins du Congo et du Niadi Kwilu et dans les territoires adjacents à l'Atlantique, il lui a été cédé des territoires à l'usage et au profit d'États Libres établis ou à établir dans les dits bassins et territoires adjacents. Administration of Interests vested in the Association. 2. Qu'en vertu de ces Traités l'Association est investie de l'administration des intérêts des dits États Libres. Flag. 3. Que l'Association a adopté comme son pavillon et celui des États Libres un drapeau bleu avec étoile d'or au centre. No Customs Duties to be levied on Imports. 4. Que dans le but de permettre au commerce de pénétrer dans l'Afrique équatoriale, l'Association et les dits États Libres ont résolu de ne prélever aucun droit sur les articles de commerce ou marchandises importés directement dans leurs territoires ou introduits par la route qui a été construite autour des cataractes du Congo. Freedom of Religious Worship, Navigation, Commerce, and Industry. Right to Buy, Sell, and Hire Lands, Houses, Mines, &c. 5. Que l'Association et les dits États Libres garantissent aux étrangers établis dans leurs territoires le libre exercice de leur religion, les droits de navigation, du commerce, et de l'industrie, ainsi que le droit d'acheter, vendre, et louer des terres, des édifices, des mines et des forêts sous condition d'obéir aux lois. Slave Trade and Slavery. 6. Que l'Association et les dits États Libres feront tout ce qui est en leur pouvoir pour empêcher la Traite et supprimer l'esclavage. |