CHAPTER I.

DECLARATION RELATIVE TO THE FREEDOM OF COMMERCE IN THE BASIN OF THE CONGO, ITS MOUTHS AND CIRCUMJACENT DISTRICTS, WITH CERTAIN ARRANGEMENTS CONNECTED THEREWITH.

Article I.—The trade of all nations shall be entirely free:

1. In all territories constituting the basin of the Congo and its affluents. The basin is bounded by the crests of adjoining basins—that is to say, the basins of the Niari, of the Ogowé, of the Shari, and of the Nile towards the north; by the line of the eastern ridge of the affluents of Lake Tanganyika towards the east; by the crests of the basin of the Zambesi and the Logé towards the south. It consequently embraces all the territories drained by the Congo and its affluents, comprising therein Lake Tanganyika and its eastern tributaries.

2. In the maritime zone extending along the Atlantic Ocean from the parallel of 2° 30′ south latitude to the mouth of the Logé. The northern limit will follow the parallel of 2° 30′ from the coast until it reaches the geographical basin of the Congo, avoiding the basin of the Ogowe, to which the stipulations of the present Act do not apply.

The southern limit will follow the course of the Logé up to the source of that river, and thence strike eastwards to its junction with the geographical basin of the Congo.

3. In the zone extending eastwards from the basin of the Congo as limited above herein, to the Indian Ocean, from the fifth degree of north latitude to the mouth of the Zambesi on the south; from this point the line of demarcation will follow the Zambesi up stream to a point five miles beyond its junction with the Shire, and continue by the line of the ridge dividing the waters which flow towards Lake Nyassa from the tributary waters of the Zambesi, until it joins the line of the water-parting between the Zambesi and the Congo. It is expressly understood that in extending to this eastern zone the principle of commercial freedom, the Powers represented at the Conference bind only themselves, and that the principle will apply to territories actually belonging to some independent and sovereign state only so far as that state consents to it. The Powers agree to employ their good officers among the established Governments on the African coast of the Indian Ocean, to obtain such consent, and in any case to ensure the most favorable conditions to all nations.

Article II.

All flags, without distinction of nationality, shall have free access to all the coast of the territories above enumerated; to the rivers which therein flow to the sea; to all the waters of the Congo and its affluents, including the lakes; to all the canals that in the future may be cut with the object of uniting the water-courses or the lakes comprised in the whole extent of the territories described in Article I. They can undertake all kinds of transport, and engage in maritime and fluvial coasting, as well as river navigation, on the same footing as the natives.

Article III.