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General Act of The Berlin Conference

The Berlin Conference took place on the 15th November 1884 to 26th February 1885. The outcome was the adoption of the General Act signed and ratified by all participants. The main purpose was to secure the development of trade and civilisation in certain regions of Africa. While avoiding the misunderstanding and disputes which might in future arise from new acts of occupation on the coast of Africa and furthering the moral and material well-being of the native populations. Moreover the General Act the concept of civilization and its formulation in terms of international law played a critical role in justifying European colonization of Africa in two ways by balancing conflicting interests among the European powers, and by legitimating their “effective authority,” that is European colonial rule in Africa. The General Act contained four Declarations and two Acts of Navigation. Relating to the Congo and Niger respectively arranged in seven chapters and 38 separate articles. The following discussion will elaborate further on this assessment of the General Act of the Berlin conference exhibiting the demerits and merits of this Act.
The General Act, to begin had four main features. First it established a regime of free trade in the ‘hydrographic’ basin of the Congo stretching across the middle of Africa from the Atlantic to the Indian Ocean from North to the mouth of the Zambezi in the South. Any power exercising sovereign rights in relation to such territory would have to allow ‘all flags’ equal access to the coastline, territories, rivers and lakes in question. They would be prohibited from establishing monopolies  or discriminating against foreigners, and goods were to be free of all import and transit duties  subject only to such taxation as might be levied ‘as fair compensation for expenditure in the interest of trade’. From this first feature of the Act it can be noted that these imperialists were set for a trade parade and these trade rules were to a greater extent an insult to the native Africans as this action permitted them to trade freely while during that period kings in the African societies collected taxes from trade that took place in their territories, thus this act was by all means belittling the native African authority.
Moving on, to the Second feature of the General Act, the powers bound themselves to watch over the preservation of the native tribes and to care for the improvement of the conditions of their moral and material well-being and to assist in the suppression of slavery, and especially the Slave Trade. When one looks at this second feature, one can see how these powers were lying in each other’s face as we ought to see that they did completely the opposite to what they agreed. This is envisaged especially here in Namibia with the genocide carried out by German colonisers on the Ovaherero people. This clearly depicts on how hypocritical and hollow this Act was. It was only for the selfish interests of these imperialists.
Furthermore, thirdly, the powers bound themselves to respect the neutrality of the Congo basin and committed themselves to lend their good offices to enable such territory, in case of war, to be considered as belonging to a state that does not get in conflict with other states. The powers came up with a great resolution here as they all promised to give assistance to the Congo basin in case of war since it was a non-belligerent state. To this end one can say the General Act was a laudable since it upheld the need for peace on the continent
Elaborating further, finally the General Act committed any power acquiring coastal territory on the African continent to notify all other such powers of their claim, and establish such authority as was necessary to ensure within those territories the protection of vested rights and, where applicable, free trade. This last feature of the General Act was reasonable enough to the powers own interests though to the natives it was not as they kept on practising free trading which was detrimental to the growth of their economy from tax collection in their lands.
Moving on, under Chapter I of the General Act it can be noted that, All the Powers exercising sovereign rights or influence in the aforesaid territories bind themselves to watch over the preservation of the native tribes, and to care for the improvement of the conditions of their moral and material well-being, and to help in suppressing slavery, and especially the slave trade. They shall, without distinction of creed or nation, protect and favour all religious, scientific or charitable institutions and undertakings created and organized for the above ends, or which aim at instructing the natives and bringing home to them the blessings of civilization. This notion was full of ignorance due to the fact that these powers did not follow their words as they went on to do completely the opposite to what they agreed upon. This made some scholars to refute this act as noted in the words of Anand (1972), in similar vein, complained of Berlin having contrived the ‘unnatural division of Africa’, ignoring, in the process, all ethnic, tribal or national interests. This to this end depicts how this General Act was a fallacy.
Furthermore, going into Chapter II of the General Act, all powers agreed that declaration relative to the slave trade Seeing that trading in slaves is forbidden in conformity with the principles of international law as recognized by the Signatory Powers, and seeing also that the operations, which, by sea or land, furnish slaves to trade, ought likewise to be regarded as forbidden, the Powers which do or shall exercise sovereign rights or influence in the territories forming the Conventional basin of the Congo declare that these territories may not serve as a market or means of transit for the trade in slaves, of whatever race they may be. Each of the Powers binds itself to employ all the means at its disposal for putting an end to this trade and for punishing those who engage in it. From the above article one can deduce that the General Act was carried out by selfish men who met up in the name of peace and trade, we note that this General Act was actually supplemented by the Brussels General Act of 1890 which sought to suppress the slave trade in the entirety of Africa and placed restrictions on the trade in firearms and liquor. Showing how weak were these deliberations by the powers who met in 1884-85.
Elaborating further, On Chapter III of the General Act, it can be noted that they agreed to a declaration relative to the neutrality of the territories comprised in the conventional basin of the Congo ,In order to give a new guarantee of security to trade and industry, and to encourage, by the maintenance of peace, the development of civilization in the countries mentioned in Article 1, and placed under the free trade system, the High Signatory Parties to the present Act, and those who shall hereafter adopt it, bind themselves to respect the neutrality of the territories, or portions of territories, belonging to the said countries, comprising therein the territorial waters, so long as the Powers which exercise or shall exercise the rights of sovereignty or Protectorate over those territories, using their option of proclaiming themselves neutral, shall fulfil the duties which neutrality requires. Ironically later on we see Leopold in 1889 organising a conference in Brussels on which he obtained, a modification of the tariff regime, allowing the imposition of an import tariff of 10 per cent, exhibiting the fact that these men in every sphere were confused and behaved like laymen’s.
Moreover, in the Chapter IV of the General Act the powers came to terms on navigation of Congo, under this Chapter there are many articles but will look at one of them alone which state that the navigation of the Niger shall not be subject to any restriction or obligation based merely on the fact of navigation. It shall not be exposed to any obligation in regard to landing-station or depot, or for breaking bulk, or for compulsory entry into port. In all the extent of the Niger the ships and goods in process of transit on the river shall be submitted to no transit dues, whatever their starting place or destination. No maritime or river toll shall be levied based on the sole fact of navigation, nor any tax on goods on board of ships. There shall only be collected taxes or duties which shall be an equivalent for services rendered to navigation itself. The tariff of these taxes or duties shall not warrant any differential treatment. From this Articles it can be noted that the great powers were indeed going according to what they planned, that is bring civilisation to Africa. Nonetheless Anghie (2004) points out, a conception of native sovereignty that privileged its subordination in the name of civilisation, but I want to suggest it did more than this and that the structures of free trade set out in the General Act themselves created the conditions for the establishment and operation of Leopold’s regime in the Congo. To this end one can note that all these activities had colonial tendencies imbedded in them.
Elaborating more, in Chapter VI of the General Act the big powers agreed that declaration relative to the essential conditions to be observed in order that new occupations on the coasts of the African continent may be held to be effective. Any Power which henceforth takes possession of a tract of land on the coasts of the African continent outside of its present possessions, or which, being hitherto without such possessions, shall acquire them, as well as the Power which assumes a Protectorate there, shall accompany the respective act with a notification thereof, addressed to the other Signatory Powers of the present Act, in order to enable them, if need be, to make good any claims of their own. At this point it can be noted that this Act was crafted to protect their interests in free trade. This can be envisaged in Fisch’s (1988) words, he points out, however, these provisions spoke only of the conditions underpinning the maintenance of claims to sovereignty on the coastline of Africa, making no mention of the apparently more fundamental question of why the powers were authorised to occupy African territories or assume protectorates over them in the first place.
Moreover, on Chapter VII of General Act the powers present at the Berlin conference agreed upon General dispositions, most notable is Article 37 which postulate that the Powers who have not signed the present General Act shall be free to adhere to its provisions by a separate instrument. The adhesion of each Power shall be notified in diplomatic form to the Government of the German Empire, and by it in turn to all the other signatory or adhering Powers. Such adhesion shall carry with it full acceptance of all the obligations as well as admission to all the advantages stipulated by the present General Act. This Act was just a mechanism by these powers to consolidate power among them, which shows how much they were aware how delicate this General Act was. This is further supported by Umozurike (1979) he simply denounced Berlin Conference for the immoral inhuman and unjust law that it purveyed. It was after all a conference purporting to determine the future of Africa in which no African was involved. Due to these circumstances these big powers had to close all the loopholes on this General Act as a way of tightening their grip on Africa.
In summarising the Berlin Conference General Act, one has to note that this Act was the benchmark of this all conference it was more of a conclusion and it stipulated all the obligations they agreed upon. However it has been envisaged how cruel and inhuman this meeting was as we have noted that these so-called diplomats from Europe and America came up with the issue of scramble and partition of this continent without an African representative. This not only depicts selfishness but power hunger to a greater extent. The General Act was a complete failure as it did not manage to end slavery and did not also benefit natives here in Africa but rather it brought harm on the African natives through forcefully confiscation of Land, cattle, property, raping of African women, forced labour and a lot of occurrences that took place. From this background it is clear that these imperialists lied behind the veil of 3Cs which were Christianity, civilisation and commerce of which they were only into commerce to create markets for their goods back home hence the need of tariff free for goods coming to Africa. 
In conclusion, the General Act can be best summarised as pure selfishness. This is pivoted by the fact that these diplomats where only into extending their territories and markets which in turn made their economies to progress as all the powers were in favour free navigation tariffs. Also in one of its Articles the General Act said it will bring an end to slavery. Ironically it did not only to be supplemented by another conference as depicted in the discussion. From all this analysis the General Act was a fallacy in its truest sense as it had no factual basis, it was embedded in imperialistic tendencies of selfishness to benefit their own stomachs.




References
1.      Fisch (1988). For a contemporary interpretation of this history (that assumes the ‘colonial protectorate’ to have already been an established category in 1884) Oxford university Journal. 364-69
2.      Umozurike, U (1979), International Law and Colonialism in Africa. A Moral and Legal Inquiry 16 Michigan Journal of International Law (1995) 1113
3.      Anghie, A (2004), Imperialism, Sovereignty and the Making of International Law (Cambridge UP, 2004) 90-97
4.      Anand, R, New States and International Law. The European-African Confrontation: A Study in Treaty Making. (1972) P33
5.      The Berlin Conference General Act of 1885


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