Declaration, where no Power shall exercise the rights of sovereignty or protectorate, the International Commission for the navigation of the Congo, constituted in accordance with Article XVII, shall be intrusted with the surveillance of the application of the principles declared and established in this Declaration.
In all cases of difficulties arising, relative to the application of the principles established by the present Declaration, the Governments interested shall agree to appeal to the good offices of the International Commission, leaving to it the examination of the facts which have given rise to the difficulties.
In conformity with the principles of the right of natives as recognized by the signatory Powers, the slave trade being forbidden, and operations, which on land or sea supply slaves for the trade, being equally held to be forbidden, the Powers, which exercise or will exercise rights of sovereignty or influence in the territories forming the basin of the Congo, declare that these territories shall serve neither for the place of sale, nor the way of transit for traffic in slaves of any race whatsoever. Each of the Powers undertakes to employ every means that it can to put an end to the trade and to punish those who engage in it.
In order to give a new guarantee of security for commerce and industry, and to encourage by the maintenance of peace the development of civilization in the countries mentioned in Article I, or placed under the system of free trade, the High Parties signatory to the present Act, and those who will accept the same, hereby undertake to respect the neutrality of the territories or parts of the territories dependent on the said countries, comprising therein the territorial waters, for so long as the Powers, which exercise, or will exercise, the rights of sovereignty or protectorate over the territories, avail themselves of the right to proclaim them neutral, and fulfill the duties that neutrality implies.
In cases where a Power exercising the rights of sovereignty or protectorate in the countries as mentioned in Article I, and placed under the system of free trade, shall be involved in war, the High Parties signatory to the present Act, and those who will accept the same, hereby engage to use their good officers so that the territories belonging to that Power, and comprised within the said boundaries where free trade exists, shall, by the mutual consent of that Power and of the other, or others, of the belligerent parties, be held to be neutral, for so long as the war lasts, and considered as belonging to a non-belligerent state, the belligerent parties will then abstain from extending hostilities into such neutralized territories as well as from using them as a base for operations of war.
In the event of a serious disagreement originating on the subject, or arising within the limits of the territories mentioned in Article I and placed under the system of freedom of trade, between Powers signatory to the present Act, or Powers accepting the same, these Powers undertake, before appealing to arms, to have recourse to the mediation of one or several of the friendly Powers.
Under the said circumstances the said Powers reserve to themselves the option of proceeding to arbitration.
The navigation of the Congo, without any exception of any branches or issues of the river, is to remain entirely free for merchant shipping of all nations in cargo or ballast, for the carriage of cargo or the carriage of passengers. It shall be in accordance with the provisions of the present Act of navigation, or of the regulations established in execution of the said Act.
In the exercise of that navigation, the subjects and flags of all nations, shall, under all circumstances, be treated on a footing of absolute equality, as well as regards the direct navigation from the open sea towards the interior parts of the Congo, and vice versa, as for grand and petty coasting, and boat and river work all along the river.
Consequently, throughout the Congo’s course and mouth, no distinction shall be made between the subjects of the river-side States, and those not bordering on the river, and no exclusive privilege of navigation shall be granted either to societies, corporations or individuals.
These provisions are recognized by the signatory Powers, as henceforth forming part of public international law.
The navigation of the Congo shall not be subjected to any restraints or imposts which are not expressly stipulated for in the present Act. It shall not be burdened with any duties for harborage stoppages, depots, breaking bulk, or putting in through stress of weather.
Throughout the length of the Congo, ships and merchandise passing along the stream shall be subject to no transit dues, no matter what may be their origin or destination.
There shall not be established any tolls, marine or river, based on the fact of navigation alone, nor shall any duty be imposed on the merchandise on board the vessels. Such taxes and duties only shall be levied, as are of the character of remuneration for services rendered, to the said navigation. That is to say: —
(1) Taxes of the port for the actual use of certain local establishments, such as wharves, warehouses etc. The tariff of such taxes to be calculated on the expenses of construction and support of the said local establishments, and in its application to be independent of the origin of the vessels and their cargo.
(2) Pilotage dues on sections of the river, or where it appears necessary to establish stations of certificated pilots.
The tariff of these dues to be fixed and proportionate to the services rendered.
(3) Dues in respect of the technical and administrative expenses, imposed in the general interest of the navigation, and comprising light-houses, beacon, and buoyage dues.
Dues of the last description to be based on the tonnage of the ships, according to the papers on board, and to be conformable to the regulations in force on the Lower Danube.
The tariffs of the taxes and dues mentioned in the three preceding paragraphs are not to admit of any differential treatment, and are to be officially published in each port.
The Powers reserve to themselves the right, at the end of five years, by mutual agreement, to inquire into the above-mentioned tariffs in case they require revision.
The affluents of the Congo shall, under all circumstances, be subject to the same regulations as the river of which they are the tributaries.
The same regulations shall apply to the lakes and canals as to the rivers and streams in the territories defined in Article I, paragraphs 2 and 3.
Nevertheless the Powers of the International Commission of the Congo shall not extend over the said rivers, lakes and canals, unless with the assent of the States under whose sovereignty they are placed. It is also understood that for the territories mentioned in Article I, paragraph 3, the consent of the sovereign States on whom these territories are dependent remains reserved.
The roads, railways, or lateral canals, which shall be established for the special object of supplementing the innavigability or imperfections of the water-way in certain sections of the Congo, of its affluents and other water-courses held to be like unto them by Article XV, shall be considered in their capacity as means of communication as dependencies of the river, and shall be likewise open to the traffic of all nations.
And as on the river, there shall be levied on these roads, railways and canals only tolls calculated on the expenses of construction, maintenance and administration, and on the profits due to the promoters.
In the assessment
