The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central AfricaWack, Henry Wellington
History
The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central Africa
Wack, Henry Wellington
Belgium -- Colonies -- Africa -- Administration; Congo (Democratic Republic) -- History -- To 1908
A Decree of the Sovereign will presently request all non-natives
who now possess, by any right whatever, land situated within
the territory of the Congo Free State, to make an official
declaration, describing the land in question, and submitting their
titles to be examined and approved by the Government. The object
of the said Decree will be to secure, in the prescribed form,
the acknowledgment of acquired rights, and to make the regular
organisation of land property in the said State possible in the
near future.
In the meantime, with a view to avoiding disputes and abuses, the
Governor-General, duly authorised by the Sovereign, orders as
follows:
ARTICLE 1. Dating from the publication of the present proclamation,
no contract or agreement with the natives for the occupation
of portions of the land will be acknowledged or protected by
the Government, unless the said contract or agreement has been
made in the presence of a public official, commissioned by the
Governor-General, and according to the rules laid down by him in
each particular case.
ARTICLE 2. No one has right to occupy without title any vacant
land, nor to dispossess the natives from their land; all vacant
land must be considered as belonging to the State.
[Sidenote: State Protects Lands of Natives.]
This order provided for the official recognition of title to land
appropriated by foreigners before July 1, 1885; land occupied up
to the same date by natives, and land which, having been neither
occupied by natives nor appropriated by foreigners, was declared to
be the property of the State. Particular emphasis was given to the
clause protecting the native in his occupation of land whereon his
industry had created improvement, where he lived in the peaceful
pursuits common to his tribe.
[Illustration: Mission of the White Fathers, Tanganyika.]
As the appropriation by the State of vacant lands in the Congo
has inspired many of the specious arguments which have lately
emanated from England alone and more particularly from the _claque_
of the Congo Reform Association in Liverpool, it may be opportune
to consider first what the Belgians have said in justification of
a course which every student of political history knows has been
followed by all civilised States.
In his essay, _New Africa_, Baron Descamps briefly analyses the
theory of the State’s unquestionable property in all vacant lands
within its territory:
Territory is that part of the globe over which a State exercises
its sovereign rights; it is the material basis of sovereign
influence.
Public-domain text, read in full here on John Shaqi.
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