“‘The other Powers have not understood otherwise than the Congo State the obligations which are imposed upon them in this require in favour of the natives. So the decrees of concessions in the French Congo contain in the 10th Article the clause that:
“‘The Society having the concession cannot exercise the rights of enjoyment and exploitation which are accorded to it except outside villages occupied by natives, and the lands reserved to them for purposes of cultivation, pasturage, or as forest. The surroundings of these lands shall be fixed by the decisions of the Governor of the Colony, which shall equally determine the lands over which the natives shall preserve the rights of hunting and fishing.’
“In German East Africa, the regulation of the 27th November, 1895, Article 2, stipulates:
“‘Article 2.—If on fixed lands, chiefs, villages, or other native communities assert rights based upon a pretended sovereignty, or if these rights belong to them, it will be necessary to take them into account so far as possible, and to endeavour before anything to arrive at a friendly arrangement in virtue of which the territory necessary for the existence of the community shall be reserved, and the remainder placed at the disposal of the Government.
“‘If this arrangement is not brought about, the Governor decides.’
“Commenting upon this arrangement, the circular of 29th April, 1900, of the Imperial Governor von Liebert [Germany] gives the following instructions:
“‘In principle there should only be left to the natives the lands of which they have absolute need for their system of exchange, and for the existence of their village communities. Nevertheless, in order not to give rise to political complications, care will be taken provisionally, in the practical execution of this rule, not to show too much rigour, and especially is it recommended not to extend the taking possession of property without an owner except in regions which are under a strong administration.’
“The Portuguese decree of 9th May, 1901, says:
“‘Article 2.—The right of natives to lands habitually cultivated by them, which are comprised in the sphere of the concessions, is recognised; a certain extent of land shall be reserved for the habitation and the agricultural work of those residing there.’”