The matter of the employment of juveniles was reported upon by the Commission appointed to inquire into the matter of Native Education in all its bearings in the Colony of Southern Rhodesia in the following terms, the date of the report being 23rd April, 1925: 66 (Para. 608.) A large number of native youths, too young to be registered and supplied with certificates, seek work in the towns and at other industrial centres. "609. In some cases they are runaways from parental control, while in others their fathers give them a general permission to enter the labour market. "610. They carry under-age' certificates and contract themselves to work for employers but, having no legal contractual power, they cannot be dealt with for desertion or other misconduct during the period of their engagement. They take advantage of their legal incapacity and change their employers at will. 611. In bringing up this matter some years ago, the Superintendent of Natives, Bulawayo, reported that there were at that time three hundred and ninety-two such youths, regarding whom he stated: The effect on the juveniles seems to me to call for serious consideration. Such an initiation to the field of labour is unfortunate, as at the outset of their careers they conceive a contempt for a labour contract which must be demoralising.' "612. In September, 1923, the Superintendents of Natives in conference passed the following resolution: That the matter calls for immediate attention in view of the continuing and increasing nature of this evil, and that steps should be taken to put into force, as law, the regulations set forth in Annexure 'A' to this correspondence.' "613. The suggested regulations provide that the Native Commissioner shall be in loco parentis to such juveniles but without prejudice to the parental powers of the parent; that the Native Commissioner shall have power to terminate undesirable contracts; to enforce desirable contracts by punishment; to send juveniles back to their parents and generally to act in the best interests of the youths. "614. Your Commissioners regard the present unregulated employment of juveniles as tending towards the formation of criminal habits, and recommend the adoption of the proposed regulations as a legal measure." In recapitulation of what has gone before I urge that one of two courses is necessary; either that juveniles be excluded from *Not received. industrial centres, or that provision be made for their control as set forth in the Bill. The former course would involve so serious a dislocation of what has become part and parcel of our general system as to be almost impracticable apart from the resentment that such interference would provoke among both Europeans and natives. I must therefore state that the following of the second course the proposed legislation - becomes necessary. An important mitigation of the harm that, intermixed with good, results from the presence of the juveniles in our towns and on our mines lies in the night schools which are a feature of practically all considerable urban and industrial centres. HERBERT J. TAYLOR, Chief Native Commissioner. SALISBURY, 24th February, 1926. No. 3. Letter from the Secretaries, the Anti-Slavery and Aborigines Protection Society, to the Secretary of State for Dominion Affairs. SIR, [Answered by Nos. 8 and 12.] The Anti-Slavery and Aborigines Protection Society, 296, Vauxhall Bridge Road, S.W.1. 4th February, 1927. 66 The attention of the Committee has been drawn to an Act recently passed by the Legislature of Southern Rhodesia, entitled. the Native Juveniles Employment Act, 1926, which shall not come into operation until the Governor has declared by Proclamation that it is His Majesty's pleasure not to disallow the same.” (2) Under the provisions of this Act, native juveniles, boys and girls, including those under the apparent age of 14, may enter into contracts of service; and should any juvenile be without proper employment" the Native Commissioner may, in the absenceof a parent or guardian able and willing to take charge of such juvenile, contract him" for a period of service not exceeding six months to any fit and proper person willing to engage him. When contracted," the juveniles become liable to fines, and, in the case of males, to summary whippings. 66 66 (3) It appears therefore that quite young native children are enabled, if not constrained, to enter into contracts of service with Europeans, and that the child may contract unaided; no advice, explanation, or consent of any parent, guardian, or person in loco parentis is necessary. It is true that the Native Commissioners may cancel a contract in certain cases, but no safeguards are prescribed by the Act in the child's interest at the time when the contract is made. (4) This is the more remarkable, as the Legislature of Southern Rhodesia has appointed an officer in townships to advise and protect adult natives in their transactions with Europeans, and has prescribed that no contract of service with any native in these townships shall be valid unless registered, and that the registrar must satisfy himself that its terms have been fully understood by the native who contracts. It is strange that conditions that must be complied with in the case of adults should be dispensed with where children are concerned. (5) The powers given to a Native Commissioner by Section 6 are very drastic. It would seem that he may dispose of the juvenile practically as he thinks fit and without the juvenile's consent for a period of six months; and he might apparently contract him for a further period when the first has expired. Our Committee is aware that the Native Commissioners of Southern Rhodesia have established for themselves a reputation for their watchful interest in the welfare of natives, and it seems the more regrettable that they should become in any way agents for recruiting labour. In the important report* upon native questions in Southern Rhodesia issued in 1910 and 1911, the most emphatic objection is registered in paragraph 250 against Government officials taking any part in recruiting natives for labour purposes. The Committee of enquiry clearly states that any such practice would bring the Government into disrepute. We submit that the Native Commissioners will be placed under this Act in an invidious and undesirable position and that they will be obliged to discharge duties and assume responsibilities incompatible with their proper functions. It is evident that it will be difficult, if not impossible. for the Commissioners in many cases to exercise proper supervision over the juveniles who contract or are contracted, and a system which would render the Commissioners directly or indirectly responsible for any abuses which may occur is open to the gravest objection. (6) The Committee finds it difficult to believe that in Southern Rhodesia, where, as elsewhere in Africa, a system of tribal responsibility is recognised, there can be any great number of friendless or destitute children. Our Committee thinks that the system instituted by this Act is in any case not the remedy best adapted to * Printed as Southern Rhodesia Legislative Council Paper, 1911. meet such an evil, where such evil exists. Our Committee would urge that such children if and when found should be placed in some institution, missionary or otherwise, but that in any case resort should not be had to a system which is in fact compulsory indentured labour. (7) It would appear that Section 12 has been inserted in the law in order to comply with the requirements of Section 28 of the Letters Patent of 1923, which provides that a law whereby natives are subjected to conditions to which persons of European descent are not also subjected must either contain a clause suspending its operation or be reserved for the approval of the King in Council. Our Committee earnestly hopes that it may not be too late to urge that in the present exceptional case the power of disallowance may be exercised. We are, etc., TRAVERS BUXTON, JOHN H. HARRIS, P.S. Our attention has been drawn to the following statement made by the President of the Makoni Farmers' Association on 4th December last, as reported in the Rhodesian Herald of 17th December: 66 - An Act for the indenture of native juveniles had been drafted by the Government at the instance of the Association." No. 4. Extract from the Official Report, House of Commons, SOUTHERN RHODESIA (NATIVE JUVENILES Mr. SNELL asked the Secretary of State for Dominion Affairs whether the legislation affecting the native races of Southern Rhodesia is reserved for final sanction; whether the Act for the indenturing of children under 14 years of age has been submitted for final approval; whether he is aware that this legislation was passed owing to the representations of the Farmers' Association in Southern Rhodesia; and whether, in these circumstances, he proposes to withhold sanction? Mr. AMERY: The reply to this question is necessarily of considerable length, and I hope the hon. Member will agree to my circulating it with the OFFICIAL REPORT. Following is the reply :— (1) Under Article 28 of the Southern Rhodesia Constitution Letters Patent, 1923, the Governor of the Colony is required to reserve any law, save in respect of the supply of arms, ammunition or liquor to natives, whereby natives may be made liable to any conditions, disabilities or restrictions to which persons of European descent are not also subjected or made liable, unless the Governor has previously obtained His Majesty's instructions upon such law through a Secretary of State, or unless such law contains a Clause suspending the operation thereof until the signification in the Colony of His Majesty's pleasure thereto. (2) The Native Juveniles Employment Act has been passed by the Legislature of Southern Rhodesia with a suspending Clause of the nature which I have just referred to. (3) As to part three of the question, I cannot do better than quote the statement made by the Premier of Southern Rhodesia,. who is also Minister of Native Affairs, in the Legislative Assembly of Southern Rhodesia : "I may state that in bringing forward this Bill we have attempted to carry out what has been advocated by the present Assistant Chief Native Commissioner several years ago, and what is entirely in the interest of the native juveniles themselves. His views were adopted three years ago after full discussion by resolution of a Conference of Native Superintendents. And again in that case they were thinking, not of the European employer, but of the well-being of the native children. As far as I personally am concerned, speaking as the Minister of Native Affairs, there is no other object in view than the well-being of the natives themselves." I may add that the Act is based upon regulations which were drawn up by the Conference of Superintendents of Natives referred to in the Premier's statement; that these regulations were submitted for consideration to the Southern Rhodesia Native Education Commission, 1924-25, and that that Commission recommended their adoption as a legal measure. I am placing a copy of the Report and a copy of the Act in the Library of the House. (4) It is not proposed that His Majesty should be advised to exercise his power of disallowance in respect of the Act. No. 5. Extract from the Official Report, House of Commons, SOUTHERN RHODESIA (EMPLOYMENT OF CHILDREN). 78. Mr. GILLETT asked the Secretary of State for the Colonies whether he is aware that, under the Children's Employment Act, in Southern Rhodesia children who object to accepting indentures |