1885.
Feb. 26.
Berlin.
The same regulations shall apply to the lakes and canals as to
the rivers and streams in the territories defined m Article 1.,
PaN f 3 h e l e s s 1the 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. I t is also understood tha t for the territories mentioned
in Article I., paragraph 3, the consent of the sovereign States on
whom these territories are dependent remains reserved.
Article XYI.
The roads, railways, or lateral canals which shall he established
for the special object of supplementing the innavigahihty or imperfections
of the water-way in certain sections of the Congo, of its
affluents and other watercourses held to he like unto them y
Article XV., shall he considered in their capacity as means oi
communication as dependencies of the river, and shall he likewise
open to the traffic of all nations.
And as on the river there shall he 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
PTlT t h e S'assessment of these tolls foreigners and the inhabitants
of the respective territories shall he treated on a footing of perfect
equality.
Article XVII.
An International Commission is instituted appointed to ensure
the execution of the provisions of the present Act of Navigation.
The Powers signatory to this Act, as well as those who afterwards
accept it, shall a t all times he represented on the sard Commission
each by a delegate. No delegate shall have more than one
vote even in the event of his representing several Governments.
This delegate shall he paid by his own Government direct.
The salaries and allowances of the agents and servants of the
International Commission shall he charged on the proceeds of the
dues levied conformably to Article XIV., paragraphs 2 and 3.
The amounts of the said salaries and allowances as well as th
number, position, and duties of the agents and servants shall appear
in the account rendered each year to the Governments represente
on the International Commission.
Article XVIII.
The members of the International Commission, as well as the
agents nominated by them, are invested with the privilege of in violability
in the exercise of the ir functions. The same guarantee
shall extend to the offices, premises, and archives of the Commission.
Article XIX.
The International Commission for the navigation of the Congo
shall he constituted as soon as five of the signatory Powers of the
present General Act shall have nominated their delegates. Pending
the constitution of the Commission, the nomination of the
delegates shall he notified to the Government of the German
Empire, by whom the necessary steps will be taken to manage
the meeting of the Commission.
The Commission will draw up without delay the arrangements
for the navigation, river police, pilotage, and quarantine.
These regulations as well as the tariffs instituted by the Commission,
before being p u t in force, shall be submitted to the
approbation of th e Powers represented on the Commission. The
Powers interested shall declare th e ir opinion therein with the
least possible delay.
Offences against these regulations shall be dealt with by the
agents of the International Commission, where it exercises its
authority direct, and in other places by the riverside Power.
In case of abuse of power or injustice on the pa rt of an agent or
servant of the International Commission, the individual considering
himself injured on his person or his rights, shall apply to the
Consular agent of his nation. He will enquire into his complaint,
lîprim â facie he finds it reasonable, he shall be entitled to report it
to the Commission. On his initiative, the Commission represented
by three or fewer of its members shall join with him in an enquiry
touching the conduct of its agent or servant. I f the Consular
agent considers the decision of the Commission as objectionable in
law, he shall report to the Government, who shall refer to the
Powers represented on the Commission, and invite them to agree
as to the instructions to be given to the Commission.
1885.
Feb. 26.
Berlin.
Article XX.
The International Commission of the Congo entrusted under
the terms of Article XVII., with ensuring the execution of the
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