may be flogged for such refusal without any trial before a judicial officer; and whether he is prepared to consider an alteration in the law being made? 79. Mr. W. BAKER asked the Secretary of State for the Colonies whether he will call for a Report as to the conditions under which children in Southern Rhodesia are compelled to accept indenture ; and whether he will particularly inquire as to the liability of such children to be flogged? Mr. AMERY: In regard to the Southern Rhodesia Native Juveniles Employment Act, 1926, generally, I would refer the hon. Members to the reply which I gave yesterday to the hon. Member for East Woolwich (Mr. Snell).* The position under the Act is that the Native Commissioners have the power to order male juveniles to receive a summary whipping with a light cane, not exceeding 10 strokes, either for disobeying an order given by the Native Commissioner, in pursuance of the provisions of the Act, or after hearing and determining a charge or complaint brought by an employer against the juvenile arising from any breach of duty due to an act or omission on the part of the juvenile. In either case, the Native Commissioner must at once send to the Attorney-General a report setting out fully the facts and circumstances. There can be no doubt that the Native Commissioners will exercise their powers under this Act in the same admirable manner as they exercise the wide functions, judicial and administrative, which they discharge in relation to native affairs generally, and I do not propose to ask the Government of Southern Rhodesia to consider an alteration in the Act as suggested. No. 6. Despatch from the Secretary of State for Dominion Affairs to the Governor of Southern Rhodesia. Downing Street, 17th February, 1927. SIR, I have the honour to acknowledge the receipt of your despatch of the 4th December, 1926,† and to request you to inform your Ministers that His Majesty will not be advised to exercise his power of disallowance in respect to Act No. 10 of 1926 of the Legislature of Southern Rhodesia, entitled "An Act for regulating the employment of native juveniles." I have, etc., No. 7. Despatch from the Secretary of State for Dominion Affairs to the Governor of Southern Rhodesia. [Answered by No. 11.] SIR, Downing Street, 17th February, 1927. 66 With reference to my despatch of even date* in which I informed you that His Majesty would not be advised to exercise his power of disallowance in respect to Act No. 10 of 1926 of the Legislature of Southern Rhodesia entitled An Act for regulating the employment of native juveniles," I have the honour to request you to inform your Ministers that my attention has been drawn to the fact that in Section 10 of the Act provision is made for the whippings of male juveniles prescribed in that Section to be administered in the presence of a Native Commissioner, but that similar provision is not made for supervision by a Native Commissioner in the case of the whippings prescribed in Section 4. 2. I assume, however, that it was not intended to differentiate between the two cases and that, in practice, the procedure expressly laid down in Section 10 will be followed also when whippings are ordered under Section 4. I have, etc., L. S. AMERY. No. 8. Letter from the Dominions Office to the Secretaries, the AntiSlavery and Aborigines Protection Society. Downing Street, 17th February, 1927. GENTLEMEN, I am directed by Mr. Secretary Amery to acknowledge the receipt of your letter of 4th February on the subject of the Native Juveniles Employment Act, 1926, recently passed by the Legislature of Southern Rhodesia. 2. Your letter is being referred to the Government of Southern Rhodesia and a further communication will be sent to you on the receipt of their reply, but as regards the last paragraph I am to invite attention to the answer given by the Secretary of State to a question asked in the House of Commons on the 14th February by the Honourable Member for East Woolwich,* from which it will be seen that it is not proposed that His Majesty should be advised to exercise his power of disallowance in respect the Act. Letter from the Peace Committee of the Society of Friends to the Secretary of State for Dominion Affairs. SIR, [Answered by Nos. 10 and 13.] Peace Committee of the Society of Friends, Friends House, Euston Road, London, N.W.1. 17th February, 1927. We have felt deeply concerned on learning the contents of the Native Juveniles Employment Act of 1926 of Southern Rhodesia, which we understand has recently been forwarded to you from that Colony. We feel that one of the most critical questions of to-day and of the future, is that of the relations between White Races and the Coloured Races under their control. This Bill purports to place in the hands of the Native Affairs Commissioners the power to assist in the recruiting of labour among children under 14 years of age; and in the case of boys, to insist on such labour being accepted on the threat of a summary whipping with a light cane." 66 The respect for the authority of the Native Affairs Commissioners. in South Africa has, we believe, been maintained largely in the past by the fact that they were rightly regarded as impartial and disinterested when dealing with Native questions. This Bill, if agreed to, will tend to affect their reputation for disinterestedness. Further, if, as we understand, there are children in the Colony suffering from lack of proper control and constituting a problem which this Bill is designed to meet, surely it is a very retrogressive step to contemplate enforced labour for children of tender years, who ought properly to be placed under Educational Authorities rather than task masters. We feel sure that it is not necessary to point out the possible risks of injustice in such summary action as is contemplated, and the risks to health which may be entailed. * No. 4. We sincerely hope that the most serious consideration will be given to all these points before such a Bill is sanctioned in any part of the British Empire. SIR, No. 10. Letter from the Dominions Office to the Chairman, Peace Committee of the Society of Friends. Downing Street, 22nd February, 1927. I am directed by Mr. Secretary Amery to acknowledge the receipt of your letter of the 17th February, relative to the Native Juveniles Employment Act, 1926, of Southern Rhodesia. 2. Your letter is being referred to the Government of Southern Rhodesia, and a further communication will be sent to you on receipt of their reply. 3. In the meantime, however, I am to enclose, for your information, copies of questions on the subject of the legislation referred to which were asked in the House of Commons on the 14th and 15th February, together with a copy of the Secretary of State's replies.t I am, etc., A. C. C. PARKINSON. No. 11. Despatch from the Governor of Southern Rhodesia to the Secretary of State for Dominion Affairs. (Received 25th April, 1927.) SIR, Governor's Office, Salisbury, Southern Rhodesia, 4th April, 1927. With reference to your despatch of the 17th of February! regarding the "Native Juveniles Employment Act, 1926," I have * No. 9. † Nos. 4 and 5. No. 7. the honour to inform you that instructions are being issued to Native Commissioners that whippings ordered under Section 2, Sub-section 4 of the Act must be administered in their presence, and that their subsequent reports to the Attorney-General must contain a note to that effect. I have, etc., MURRAY BISSET, No. 12. Letter from the Dominions Office to the Secretaries, the AntiSlavery and Aborigines Protection Society. Downing Street, GENTLEMEN, With further reference to your letter of the 4th February* on the subject of the Southern Rhodesia Native Juveniles Employment Act, 1926, I am directed by Mr. Secretary Amery to inform you that a reply has now been received from the Government of Southern Rhodesia stating that it would appear that the objects of the Act have been misunderstood. 2. The Southern Rhodesia Government explain that the Act was designed primarily in the interests of the native juveniles themselves in order inter alia to protect them against such evils as loafing, undesirable employers, and undesirable companions and surroundings. They note that the objections raised by the Society are directed mainly against Section 6 of the Act. This Section, they point out, applies only to juveniles who are without proper employment and whose parents or guardians cannot be found. It is not anticipated that many juveniles will be dealt with under this Section-at the most a Native Commissioner will exercise his powers of contracting " juveniles one or twice a year. It should be remembered that any juveniles who may be dealt with under the Section will be those who have entered a town without the consent of their parents or guardians, and it is pointed out that it is eminently desirable that Native Commissioners should have the power to assume guardianship in such cases, particularly as in industrial centres there is a marked disproportion of the sexes, giving rise to dangers which need not be particularised. 66 3. The Southern Rhodesia Government state that there is, therefore, no foundation, either in the terms of the Act or elsewhere, for the suggestion that Native Commissioners will "become in any way agents for recruiting labour." No recruitment is intended and none will be allowed. * No. 3. |