HER Maje.sty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, &c., &c., &c., and His Most Faithful Majestj' tlie King of Portugal and the Algarves, &c., &c, &c,, being animated with the desire to draw closer the tie.s of friendship which unite the two nations, and to settle by common accord certain matters relative to their respective spheres of influence in Africa, have determined to conclude a Convention to that effect, and have named as their respective Plenipotentiaries—that is to say :—
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, the Right Honourable Robert Arthur Talbot Gascoyne Cecil, Marquis of Salisbury, Earl of Salisbury, Viscount Cranborne, Baron Cecil, Peer of the United Kingdom, Knight of the Most Noble Order of the Garter, Member of Her Majesty’s Most Honourable Privy Council, Her Maje.sty’s Principal Secretary of State for Foreign Affairs, &c.;
And His Most Faithful Majesty the King of Portugal and Hie Algarves, August Cesar Barjona de Freitas, Councillor of His Majesty and of‘ State, Peer of the Realm, Minister and Honorary Secretary of State, Grand Cross of Christ, aiivl Grand Cross of several foreign Orders, Envoy Extraordinary and Minister Plenipotentiary of His Most Faithful Majesty at the Court of Her Britannic Majesty, &c.;
Who, having communicated to each other their respective full powers found in good and due form, have agreed upon the following Articles:—ARTICLE I.
Great Britain agrees to recognize, as within the dominion of Portugal in East Africa, the territories bounded—
1. To the north by a line which follows the course of the River Rovuma from its niouth up to the confluence of the River M’Sinje, and thence westerly along the parallel of latitude to the shore of Lake Nyassa.
2. To the west by a line which, starting from the above-mentioned frontier on Lake Nyassa, follows the eastern shore of the lake southwards as far as the parallel of latitude 13° 30' south; thence it runs in a south-easterly direction to the eastern shore of Lake Chiuta, which it follows. Thence in a direct line to the eastern shore of Lake Chilwa, or Shirwa, which it follows to its south-easternmost point; thence in a direct line to the easternmost affluent of the River Ruo, and thence follows that affluent, and subsequently, the centre of the channel of the Ruo to its confluence with the River Shird. From thence it runs in a direct line to a point half-way between Tété and the Kabra-bassa Rapids.
The Settlement of Zumbo, with a radius on the northern bank of 10 English miles, remains under the dominion of Portugal, but shall not, without the previous consent of Great Britain, be transferred to any other Power.ARTICLE II.
To the south of the Zambesi, the territories within the Portuguese sphere of influence are bounded by a line which, starting from a point opposite the western extremity of the lO-mile radius of Zumbo, runs directly southwards as far as the 16th parallel ofsouth latitude, follows that parallel to its intersection with the 31st degree of east longitude (Greenwich , thence running eastward direct to the point where the River Mazoe is intersected oy the 33rd degree of east longitude; it follows that degree southwards to its intersection by the 18° 30' parallel of south latitude; runs along that parallel westward to the affluent of the River Save or Sabi, which is called the River Masheke; follows that affluent, and afterwards the centre of the main channel of the Save, to the confluence of the Lunte, whence it strikes direct to the north-eastern point of the frontier of the.Soath African Republic, and, follows the eastern frontier of the Republic, and the frontier of Swaziland, to the River Maputa.
Portugal engages not to cede her territories to the south of the Zambesi to any other Power without the previous consent of Great Britain.ARTICLE III.
Great Britain engages not to make any objection to the extension of the sphere of influence of Portugal, south of Delagoa Bay, as far as a line following the parallel of the confluence of the River Pongola with the River Maputa to the sea-coast.
Portugal engages that the territory of which the limits are defined in this Article shall not, without the consent of Great Britain, be transferred to any other Power.ARTICLE IV.
It is agreed that the western line of division separating the British from the Portuguese sphere of influence in Central Africa shall follow the centre of the channel of the Upper Zambesi, starting from the Katima Rapids up to the junction with that river of the River Kabompo, and thence up the centre of the channel of the Kabompo.
The country hereby recognized as Portuguese shall not, without the consent of Great Britain, be transferred to any other Power.
It is understood on both sides that nothing in this Article shall affect the existing rights of any other State. Subject to this reservation, Great Britain will not oppose the extension of the Portuguese sphere of influence beyond the abovementioned limits.ARTICLE V.
Portugal agrees to recognize, as within the sphere of influence of Great Britain on the north of the Zambesi, the territories extending from the line described in the preceding Article to Lake Nyassa, including the islands in that lake south of parallel 11° 30', and to the line described in Article I, with the exception of Zumbo and a radius of 10 English miles round it.ARTICLE VI
Portugal agrees to recognize, as within the sphere of influence of Great Britain to the south of the Zambesi, the territories bounded on the east and north-east by the line described in Article II.ARTICLE VII.
All the lines of demarcation traced in Articles I to VI shall be subject to rectification by Agreement between the two Powers, in accordance with local requirements.ARTICLE VIII.
The two Powers engage that neither will interfere with any sphere of influence assigned to the other by Articles I to VI. One Power will not in the sphere of the other make acquisitions, conclude Treaties, or accept sovereign rights or Protectorates.
It is understood that no Companies nor individuals subject to one Power can exercise sovereign rights in a sphere assigned to the other, except with the assent of the latter.ARTICLE IX.
Trading and mineral Concessions, and rights to real property, held by Companies or individuals, subjects of one Power, shall, if their validity is duly established, be recognized in the sphere of the other Power. It is understood that Concessions must be worked in accordance with local Laws and Regulations.
If a difference of opinion shall arise between the two Governments as to the validity of the Concession, or as to the equitable character or suitability of the above-mentioned local Laws and Regulations, it shall be settled by the arbitration of a jurisconsult of a neutral nationality.ARTICLE X.
In all territories in Africa belonging to or under the influence of either Power, missionaries of both countries shall have full protection. Religious toleration and freedom for all forms of divine worship and religious teaching are guaranteed.ARTICLE XI.
The two Powers engage that, in their respective spheres, as defined in Articles I to VI, trade shall enjoy complete freedom; the navigation of the lakes, rivers, and canals, and of the ports on those waters, shall be free to both flags; and no differential treatment shall be permitted as regards transport or coasting-trade; goods, of whatever origin, shall be subject to no dues except those, not differential in their incidence, which may be levied for objects directly connected with the administration, or the suppression of the Slave Trade under the provisions of the Act of the Brussels ponference, or to meet expenditure in the interest of trade; no transit-dues shall be permitted, and no monopoly or favour in matters of triiclc can be granted. The subjects of either Power will be at liberty to settle freely in the territories within the respective spheres.
Portugal reserves her right to exclude from the operation of the free zone provisions of the Act of Berlin, and from the provisions of the preceding paragraph, her ports on the East Coast. She also reserves the right to exclude from the operation of the provisions of the preceding paragraph her ports on the West Coast.
She engages, however, not to charge transit-dues exceeding a maximum of 3 per cent, OQ goods passing in transit inwards or outwards between the coast and the British sphere of inhuence, either by land or water. These dues shall in no case have a differential character, and shall not exceed the customs dues levied on the same goods at the above-mentioned ports.
It is understood that, under the terms of this Article, there shall be freedom for the passage of subjects and goods of both Powers across the Zambesi, and through the districts adjoining the river for the purpose of such passage, along its whole course, without hindrance of any description and without payment of transit-dues.
It is further understood that within a zone of 20 English miles on the north bank of the Zambesi Portugal shall have the right to construct roads, railways, bridges, and telegraph-lines across the territories reserved to British influence on the north of the Zambesi. Both Powers shall have the same right within a zone of 10 English miles on the south of the Zambesi between Tété and the confluence or the Chobe, and within a zone of the same dimensions running from the north-east of the British sphere south of the Zambesi to the above-mentioned zone. The two Powers shall have the power, in these zones, of acquiring, on reasonable conditions, the land necessary for such objects, and shall receive all other requisite facilities. They shall also be allowed facilities for the construction on the river, between the above-named limits, of piers and landing-places for the purpose of trade or navigation. All materials for the construction of roads, railways, bridges, and telegraph-lines shall be admitted free of charge.
Differences of opinion between the two Governments as to the execution of their respective obligations, incurred in accordance with the provisions of the preceding paragraph, shall be referred to the arbitration of two experts, one of whom shall be chosen on behalf of each Power, who shall select an Umpire, whose decision, in case of difference between the Arbitrators, shall be final. If the two experts cannot agree upon the choice of an Umpire, this Umpire shall be selected by a neutral Power.ARTICLE XII.
The navigation of the Zarabesi and Shiré, without excepting any of their branches and outlets, shall be entirely free for the ships of all nations.ARTICLE XIII.
Merchant-ships of the two Powers shall in the Zambesi, its branches and outlets, have equal freedom of navigation, whether with cargo or ballast, for the transportation of goods and passengers. In the exercise of this navigation the subjects and flags of both Powers shall be treated, in all circumstances, on a footing of perfect equality, not only for the direct navigation from ihe open sea to the inland ports of the Zambesi, and vice versa, but for the great and small coasting trade, and for boat trade on the course of the river. Consequently, on all the course and mouths of the Zambesi there will be no differential treatment of the subjects of the two Powers; and no exclusive privilege of navigation will be conceded by either to Companies, Corporations, or private persons.
I'he navigation of the Zambesi 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 depôt, or for breaking bulk, or for compulsory entry into port. In all the extent of the Zambesi 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.
The affluents of the Zambesi shall be in all respects subject to the same rules as the river of which they are tributaries.
The roads, paths, railways, or lateral canals which may be constructed with the special object of obviating the innavigability or correcting the imperfections of the river route on certain sections of the course of the Zambesi, its affluents, branches, and outlets, shall be considered, in their quality of means of communication, as dependencies of this river, and as equally open to the traffic of both Powers. And, as on the river itself, so there shall be collected on these roads, railways, and canals only tolls calculated on the cost of construction, maintenance, and management, and on the profits due to the promoters. As regards the Tariff of these tolls, strangers and the natives of the respective territories shall be treated on a footing of perfect equality.
Portugal undertakes to apply the principles of freedom of navigation enunciated in this Article on so much of the waters of the Zambesi, its affluents, branches, and outlets, as are or may be under her sovereignty, protection, or influence. The rules which she may establish for the safety and control of navigation shall be drawn up in a way to facilitate, as far as possible, the circulation of merchant-ships.
Great Britain accepts, under the same reservations, and in identical terms, the obligations undertaken in the preceding Articles in respect of so much ofthe waters of the Zambesi, its affluents, branches, and outlets, as are or may be under her sovereignty, protection, or influence.
Any questions arising out of the provisions of this Article shall be referred to a Joint Commission, and, in case of disagreement, to arbitration.
Another system for the administration and control of the Zambesi may be substituted for the above arrangements by common consent of the Riverain Powers.
Portugal will, on application from Great Britain, grant to a Company a lease for 100 years of 10 acres at the mouth of the Chindé, for purposes of transhipment. The ground so leased shall not in ariv case be fortified.ARTICLE XIV.
In the interest of both Powers, Portugal agrees to grant absolute freedom of passage between the British sphere of influence and Pungwd Bay for merchandize of every description, and to give the necessary facilities for the improvement of the means of communication. She undertakes to construct a railway to serve this region within a jperiod fixed by surveys which shall be completed with the least possible delay. An engineer named by the British Government shall take part in these surveys, which shall commence within a period of four months from the signature of this Convention. In case these conditions should not be precisely carried out, Portugal will grant to a Joint Company under the control of Portuguese and British Directors, and with seats in Lisbon and London, with the least possible delay, a Concession for the construction of a Railway, with all requisite facilities for the acquisition of land, cutting timber, and free importation and supply of materials and labour.
It is understood that no dues shall be levied at the port of entry or exit on goods in transit exceeding the maximum of 3 per cent. under the conditions stipulated in Article XI.
It is further understood that the same provision as to goods in transit applies to the Limpopo, the Save, and all other navigable rivers flowing to the coast of the Portuguese spheres in East or West Africa, with the exception of the Zambesi.ARTICLE XV.
Great Britain and Portugal engage to facilitate telegraphic communication in their respective spheres.
The stipulations contained in Article XIV as regards the construction of a railway from Pungwé Bay to the interior shall be applicable in all respects to the construction of a telegraph-line for communication between the coast and the British sphere south of the Zambesi. Questions as to the points of departure and termination of the line, and as to other details, if not arranged by common consent shall be submitted to the arbitration of experts under the prescribed conditions.
Portugal engages to maintain telegraphic service between the coast and the River Ruo, which shall be open to the use of the subjects of the two Powers without any differential treatment.
Great Britain and Portugal engage to give every facility for the connection of telegraphic lines constructed in their respective spheres.
Details in respect to such connection, and in respect to questions relating to the settlement of through tariffs and other charges, shall, if not settled by common consent, be referred to the arbitration of experts under the prescribed conditions.ARTICLE XVI.
All differences not specifically mentioned in the preceding Articles which may arise between the two Governments with regard to this Convention shall be submitted to arbitration.ARTICLE XVII.
The present Convention shall be ratified, and the ratifications shall be exchanged at London as soon as possible.
In witness whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto the seal of their arms.
Done in duplicate at London, the twentieth day of August, in the year of Our Lord one thousand eight hundred and ninety.