ber of unfit men that were passed out of the Territory, and the heavy expense incurred in their import and repatriation, that it is only the urgent necessity of obtaining labour from any available source that has compelled us to ask permission to recruit there again. Even so, if such permission were granted, we are very loath to avail ourselves of it. Yours sincerely, Urgent. J. H. GAILEY. ENCLOSURE 2 IN NO. 1. 22nd November, 1924. The Honourable the Colonial Secretary, Colony of Kenya, Nairobi. THIKA-NYERI RAILWAY. The Resident Engineer of Thika-Nyeri Construction informs me that owing to shortage of labour he is experiencing difficulties in his work, and that his progress is being delayed. Further, that a large number of the existing labourers complete their contracts shortly, and although every endeavour is being made to recruit new men, the results are not satisfactory. 2. I suggest that Government should instruct the District Officers to make it known to the natives in their areas that labour is expected to come out for work on the Railway construction which is in progress, especially as this Railway passes through Native Reserves and will largely benefit the natives themselves. C. N. FELLING, No. 2. The Governor of Kenya to the Secretary of State for the Colonies. [TELEGRAM.] (Received 9th January, 1925.) [Answered by Nos. 3 and 6.] Urgent. 9TH JANUARY. Position with regard to labour for railways and public works serious and becoming daily more So. General Manager of the Railway reports acute shortage of labour at Kisumu for dealing with the cotton crop from Uganda, and congestion, delays, and damage to traffic becoming alarming, which will lead to grave delays in despatching cotton. Similar complaints received regarding the position of Uasin Gishu (vide your letter of 4th December*), Kitale, and Thika Railways, and for Public Works Department. Addressed you by despatch of 15th December† asking that limited compulsion may be allowed in the terms of Section 2 (0)‡ of Ordinance No. 26 of 1922. Every possible effort is being made to secure labour voluntarily but with very little success, and I consider it essential that power to call out native labour for railway construc+ No. I. + See page 6. *Not printed. tion and Public Works be granted without delay so as to relieve the congestion and damage in the meantime. Every possible precaution will be taken by the Government to safeguard the interests of labour and power will be used only where in my opinion absolutely necessary. Request early reply by cable. No. 3. The Secretary of State for the Colonies to the Governor of Kenya. [TELEGRAM.] (Sent 14th January, 1925.) [Answered by Nos. 4 and 9.] Your telegram 9th January.* Regret unable grant general approval for compulsory labour as under ordinance my approval can be given only for a specific work in every case. In view of your assurances as to Thika and Uasin Gishu extensions, approve subject to conditions laid down in Ordinance 26 of 1922 compulsory recruitment of Kikuyu for Thika extension and other natives for Uasin Gishu up to maximum of 4,000 labourers at any one time. If this step does not release sufficient voluntary labour for other essential services, report specific public services on which you consider it would be justifiable to employ local labour compulsorily for a specific period. As regards Turbo-Tororo section, please ascertain from Governor Uganda whether any Bagishu likely to volunteer, and I do not see why voluntary North Kavirondo and Kitosh labour should not be available, but if absolutely necessary I should, on receipt of full statement as to why labour not likely to be forthcoming, be prepared to approve of compulsory recruitment, but do not wish total of 4,000 compelled labourers at any one time exceeded unless satisfied of urgent necessity in public interests, having due regard to other requirements of labour for production on farms and in reserves. Is there no danger lest compulsory labour will have serious effect on voluntary labour supply? As regards Kisumu docks I am of opinion that compulsion is quite inappropriate, and I should be glad to learn what steps have been taken to obtain additional labour there and what wages are offered. Are you satisfied that Government organisation for recruiting voluntary labour cannot be improved? Please report by telegram what rates of pay you propose for compelled labour and what organisation you propose to establish for selection of labourers to be compelled and for what period you desire compulsion in each case. * No. 2. No. 4. The Governor of Kenya to the Secretary of State for the Colonies. 23RD JANUARY. [TELEGRAM.] (Received 23rd January, 1925.) I Your telegram of 14th January.* Pay will be the lowest accepted rate in the area of recruitment, most likely 12s. per month, while ordinary rate for voluntary labour is 14s. consider it essential that the pay of compelled labour be slightly lower than for voluntary labour, otherwise the whole value of the lesson will be lost. Difference between the figures above will not constitute hardship. 2. Administrative Officers will select non-workers wherever possible through native council. Labour will be medically examined and regularly inspected also by the Senior Commissioner personally from time to time. 3. There is no regular Government organisation for voluntary recruiting, as the District Officers have always dissociated themselves from any active form of recruiting. 4. Period as in proviso to sub-para. (o) of Section 2 of Ordinance 26 of 1922. Every endeavour was made for a long time to encourage voluntary labour from North Kavirondo and Kitosh, but with no result whatever. It is impossible to state definitely the effect of compelled labour on voluntary, but have no reason to suppose that the effect will be anything but beneficial and stimulating. 5. The only possible source of labour at present available for Kisumu docks is prison labour; after making special arrangements for housing and transport I have sanctioned a transfer of prisoners for this purpose. No. 5. The Secretary of State for the Colonies to the Governor of Kenya. [TELEGRAM.] (Sent 30th January, 1925.) [Answered by Nos. 7 and 11.] 30TH JANUARY. Your telegram 23rd January.† See strong objection in principle to your proposal regarding wages for compulsory labour, as I do not see how a lower rate than the ordinary market rate can possibly be defended or how it could be maintained that the loss of 2s. a month was not a hardship. What exactly do you mean by phrase "whole value of the lesson"? Is it a fact that more labour has come out to work on public works and farms in 1924 than in any previous year? Do not consider use of prison labour at Kisumu docks as satisfactory solution of problem there and wish explanation of special difficulty at Kisumu while private companies can obtain sufficient port labour at Mombasa. As port work is heavy it always commands higher wages. Are higher wages being offered for this special class of work at Kisumu? Send by mail full report from Provincial Commissioner Kisumu as to why in his opinion voluntary labour in the centre of the most populous native reserve is not forthcoming for dock work. I agree that administrative officers should be dissociated as far as possible from recruiting or even inspecting labour on works. Do you recommend increase in number of labour inspectors by seconding junior administrative officers or otherwise? Presumably the compelled labourers will be employed mainly by sub-contractors, but obviously the recruitment of compelled labourers could not be put into the hands of sub-contractors. Has the report on labour by the Economic and Finance Committee been received? In view of the further coming demands for labour for public works and developing farms, send by despatch full recent information regarding the labour situation. No. 6. The Secretary of State for the Colonies to the Governor of Kenya. [Answered by No. 14.] SIR, Downing Street, 6th February, 1925. I have the honour to confirm my telegram of the 14th of January,* on the subject of the recruitment of native labour for the construction of the Thika and Uasin Gishu extensions of the Uganda Railway. I am glad to note from your telegrams of the 22nd of January† and of the 23rd of January that, with the limited resort to compulsory labour which I approved by telegraph, you do not anticipate any difficulty in utilising such compulsory labour for railway construction or any unfavourable reactions on the volunteer labour supply of the Colony. I wish to take this opportunity, however, to indicate briefly why I should be reluctant to consider any extension of compulsory labour beyond the limits explained in my telegram and why I hope that compulsory labour will be dispensed with at as early a date as possible. 3. The extent to which, subject to certain safeguards, compulsory labour may be sanctioned for works of recognised public utility is laid down in Mr. Churchill's despatch of the 5th of September, 1921;** and it is not necessary for me to remind you, in view of the correspondence and the public comment which preceded the sending of that despatch, that any deviation from the policy there laid down would arouse much opposition in this country. 4. As stated in Lord Milner's despatch of the 22nd of July, 1920, †† the provision of compulsory labour for private employers is * No. 3. + Not printed. No. 4. ** See page 5. †† No. 1 in Cmd. 873. absolutely opposed to the traditional policy of His Majesty's Government, and I should be disposed to regard in the same light any proposal to utilise such labour for Government purposes otherwise than as indicated in the despatch of the 5th of September, 1921. Any proposal for a more extended use of compulsory labour would be difficult to reconcile with the definite pledge of trusteeship and of responsibility for the interests of the natives of Kenya, which was expressly conveyed in the decisions of His Majesty's Government on the Indian Question, in July, 1923. 5. It is generally admitted by those who oppose the principle of compulsory labour that there are certain services of recognised public utility for which in the last resort the Government has the right to claim the services of individuals. The extent, however, to which this should be done is limited by the degree in which those who are thus compelled to give their labour understand the social utility of the works on which they are employed. From this aspect, the case of the African native presents much difficulty. However necessary for the development of the Colony the works to which he is put may be, it is not to be expected that he will readily appreciate their necessity when he is called upon to take part in them far outside the limits of his tribal territory; and there will be no mitigation on this account of the distaste and resentment naturally produced by the use of compulsion. 6. The economic objections to compulsory labour were fully realised by the South African Native Affairs Commission, 1903-05, who stated, in paragraph 380 of their report,* that any measure of compulsion was to be deprecated not only as unjust, but as economically unsound. The standard of work under any system of compulsion will naturally be inferior to that of voluntary workers; and in addition the fact that compulsory labour is available tends to discount enterprise and progress by diverting attention from the possibilities of labour-saving machinery. Moreover, in the case of natives such as those of Kenya, in whom it is desired to encourage habits of industry, I fear that the results of any widespread association of labour with the sense of oppression caused by resort to the compulsory system may outweigh any educative influence which might otherwise be effected by inducing the natives to offer their labour upon terms sufficiently attractive to them. 7. For these reasons I have laid down a maximum of 4,000 compelled labourers at any one time. In the selection of the individuals for compulsory labour efforts should, as you say, be made to pick out the non-workers. By "non-workers" I refer of course not merely to those able-bodied males who have not engaged in work for wages outside their reserve but to the class which has neither undertaken such work nor has shown willingness to produce economic crops for export from the land in the reserve. |