mean by slavery? is that we reluctantly admit the necessity of We "In territories in which compulsory or forced labour for other but in our opinion the system is bad in principle, and should be abolished. Its apologists maintain that certain areas can only be developed by native labour, and that where natives refuse to work, progress is impossible, secondly, compulsion to labour is beneficial to the natives themselves. We, however, maintain that if sufficient inducement were offered, voluntary workers would be forthcoming. We venture to hope that the Expert Commission will be able to accept and to promulgate the view, internationally, that forced labour for private profit, being "synonymous with slavery," can only be considered by the International Labour Office with a view to its total prohibition. It follows that objection should be taken to Government machinery being utilised for the recruitment of labour for private enterprise. We draw attention, in this connection, to the Report of the Temporary Slavery Commission of July 25th, 1925, paragraphs 115 and 116, which read as follows: "The Commission considers that forms of direct or indirect compulsion the primary object of which is to force natives into private employment are abuses." "The Commission considers also that indirect or 'moral' pressure, if exercised by officials to secure labour for private employment, may, in view of the authority of such officials over the minds of natives, be in effect tantamount to compulsion and calls therefore for prudence on the part of the Administration." In our view, the prudence recommended would be best displayed by total avoidance of the practice. (2) FORCED LABOUR. Forced labour, we recognise, takes two forms: (a) the tribal or communal labour for local services, which is in part traditional, but which has been extended in recent times owing to modern development, and (b) the forced labour required by Central Governments for Public Works, such as the construction and maintenance of main roads, railways, docks, wharves or Government buildings, or for porterage. (a) For Local Public Purposes. As to the first category of forced labour, it is important to note that in Africa this communal labour was subject to certain customary limitations, of which the more important were the following: (1) The labour was not "called out" at harvest time, nor upon occasions when exceptional domestic demands were made for hunting, community fishing, and so forth. (2) It was never called out for service which involved the break-up of family life, and therefore was only employed at a reasonable distance from home. (3) Where a Chief requisitioned labour for his own land or cattle, he did so in virtue of his public position and its obligations. Such forced labour called out by Chiefs or other local authorities for local purposes is not invariably paid, though we believe the practice of paying for it is increasing. In our view, the Central Government should introduce and enforce a system of payment at the earliest possible date. Experience has shown that such forced labour is open to abuse. It should be the duty of the Central Government, by its regulations, to prevent such abuses, particularly by limiting the amount of labour exacted from individuals. Periodical reports should be submitted as to its working, to the Central Authority. (b) For Government Purposes. In view of the larger scale of operations of Central Government, some considerations arise which may not be applicable in the smaller local sphere. But some principles ought to apply to both kinds. For instance, in resorting to forced labour for Governmental purposes, the Government should bear in mind the traditional and existing limitations referred to above. The broad principle was that the claims of tribal and family life were at all times dominant, and we venture to suggest that this limitation should be borne in mind in framing any Convention on forced labour for public purposes. Secondly, we repeat that any kind of forced labour, whether for local or non-local purposes, should be paid. It is obvious that when labour is employed on large-scale operations at a distance from the employers' homes, the unfamiliarity of the work, long absences from home, and the possible spread of disease, may all give rise to difficulties, which should be kept in mind in framing any regulations to prevent abuse. We suggest that the following safeguards should be adopted. (3) FORCED LABOUR TO BE REGARDED AS EXCEPTIONAL. Forced labour (apart from cases of emergency in which any delay would endanger the public safety) should be exacted only when the Central Government is satisfied that voluntary labour, at the ruling rates of wages for free labour, has been found to be unobtainable, and that the work to be done is urgently required, and of an exceptional character. In this connection we are glad to note that the Sixth Committee of the Assembly of the League of Nations, held in 1926, rejected the proposal that compulsory labour might be exacted in the interests of education and the social welfare of the native, and that the Commission," while recognising the disinterested and humanitarian motives for this suggestion, was not able to accept it. It feared that in its application this proposal might lead to grave abuses of exactly the type which the Convention itself was designed to prevent or suppress." (4) Wages-Sustenance-MeDICAL ASSISTANCE. Wages should be provided at the market rate, that is, at the rate payable for work of a similar character in the territory. The British Colonial Office, on a recent occasion, declared that the payment of a lower rate than the ordinary market rate of wages could not possibly be defended. In addition, for labour employed at a distance from home, provision will often be required for free quarters, special food or clothing, and in all cases adequate medical attendance. In case of incapacity or death resulting from the work, compensation should be provided to the worker or his dependants. (5) AGE AND SEX. In no circumstances should women and children be called out for public works; moreover, demands should be limited to able-bodied males between the apparent ages of 16 and 40. It is desirable to place a limit upon the proportion of able-bodied men taken at any one period from the native tribes from any particular district. (6) LIMITS OF DISTANCE AND Time. The principle to be observed is that home and tribal life must not be broken up, and periodic returns to home at short intervals should be arranged. There should be prescribed limits to the distance to which labourers may be removed from their homes, and to the period for which they may be called out. It is dangerous to suggest a maximum limit of time, on the well understood ground that such a maximum is apt to become a minimum. In some British Colonies a period of twenty-four days in the year is the prescribed limit, but we hope that in many instances a shorter maximum limit may be fixed. Differences of geographical and social condition, or of sparseness of population make it difficult for us to suggest the details of the limits to be laid down in different territories. In every case it should be the duty of the Central Government to issue such regulations as will ensure the observance of the above stated principles, having regard to all the circumstances. (7) COMPULSORY PORTERAGE. There is probably no more arduous labour in tropical and semitropical countries than porterage, and certainly none which more urgently demands effective control. The four conditions we venture to suggest are: (a) Weight of load. This should not exceed 56 lbs. per man. (b) Distance. -This ought not to exceed a limit to be fixed by the Central Government. (c) Women and children should never be employed. (d) Payment at market rates should always be made directly to the porter. (8) DISCIPLINE And Penalties. We suggest that special attention should be drawn to the kinds of punishment imposed for breach of discipline. At present these often include fines, flogging, imprisonment, and extension of the period of service, without reference to any Civil Court. We consider that disciplinary punishment should only be inflicted by order of a civil judicial authority; that extension of the period of service should be prohibited, and that flogging should be only ordered in exceptional cases. The High Contracting Parties, under Article 6 of the Slavery Convention, accept the obligation to make adequate provision for the infliction of severe penalties in the case of infractions by officials or others of laws and regulations enacted in order to carry out the purposes of that Convention. The same principle should be applied in the case of the new Convention on forced labour. (9) GENERAL CONSIDERATIONS. The responsibility for the exaction of forced labour for all purposes, and for the conditions under which the labourers are called out, should at all times lie with the Central Authority, no subordinate official being allowed to exact labour, except under conditions strictly defined by the Central Authority. In this connection, we note with satisfaction, the provisions of Article 5 (3) of the Slavery Convention, viz.: "In all cases, the responsibility for any recourse to compulsory or forced labour shall rest with the competent central authorities of the territory concerned." The Central Authority, in the exercise of this responsibility, should secure that workers from whom has been exacted forced labour for public works under Government order, should not normally be called upon within the same year to perform in addition local tribal or communal services. In conclusion, we submit that the object of an International Convention should be to secure the progressive suppression of forced labour, so as to ensure its abolition at the earliest possible date. We hold strongly that the continuance of forced labour in any form is bound to create discontent, and is inimical to progress, while free and paid labour is found to create demand for the benefits of civilisation. In submitting the foregoing memorandum to you we beg to ask whether it will be possible to permit a small deputation to present this personally to the Expert Committee, with a view to supporting this memorandum by personal representation. THE Chief Registrar of Natives in Kenya has issued a report on the Labour supply, which shows an increase in the number of natives working, and furnishes a strong argument against the necessity for compulsion to obtain local labour for white settlers. The total native population of Kenya is given as 2,534.962, and the estimated available able-bodied males number over 407,000, of whom approximately 185,000 are "now working outside the Reserves, chiefly for Europeans." (The total male population between fifteen and forty years of age is estimated at 509.528.) There is probably no other colony in the world where over one-third of the able-bodied male population is at work outside the native areas and it is admitted that, in view of the fact that twenty years ago only 12,000 natives were working for the white man, remarkable progress has been made. But the fact that such a high |