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T H I S DOCUMENT IS THE PROPERTY OF MIS BRITANNIC
Printed SECRET. C P - 3 6 0 (29).
for the Cabinet.
December 1929. Copy No. 38
NOTE BY THE SECRETARY OF STATE FOR THE COLONIES.
IN accordance with the decision of the Cabinet taken at the meeting of the 27th November, I now lay before my colleagues the following papers :— I. A statement of Native Policy which it is proposed to publish as a White P a p e r and to communicate to the Governors of the territories concerned for their information and guidance. I I . A Commentary, preceded by a Foreword in my own name, on the position arising out of the Reports of the Hilton Young Commission and Sir Samuel Wilson, which I intend, with the approval of the Cabinet, to publish and lay before the proposed Joint Committee of both Houses of P a r l i a m e n t as a basis for their discussions. P. December 9, 1929.
ONE of the most important matters, if not the most important, dealt with in the Report of the Commission on Closer Union in the East African Dependencies (Cmd. 3234) is native policy and administration; and His Majesty's Government have thought it desirable to record formally, without further delay, their general policy towards the native inhabitants of East Africa and the principles to be followed by the East African Governments in carrying out that policy. 2. I t is well a t the outset to recall and quote the declaration of policy incorporated in the Kenya W h i t e P a p e r of July 1923 (Cmd. 1922) : " P r i m a r i l y Kenya is an African territory, a n d H i s Majesty's Government think it necessary definitely to record their considered opinion that the interests of the African natives must be paramount, and that, if and when those interests and the interests of the immigrant races should conflict, the former should prevail. Obviously, the interests of the other communities, European, Indian or Arab, must severally be safeguarded. Whatever the circumstances in which members of these communities have entered Kenya, there will be no drastic action or reversal of measures already introduced, such as may have been contemplated in some quarters, the result of which might be to destroy or impair the existing interests of those who have already settled in Kenya. But in the administration of Kenya H i s Majesty's Government regard themselves as exercising a trust on behalf of the African population, and they are unable to delegate or share this trust, the object of which may be defined as the protection and advancement of the native races. I t is not necessary to attempt to elaborate this position; the lines of development are as yet in certain directions undetermined, and many difficult problems arise which require time for their solution. B u t there can be no room for doubt that it is the mission of Great  * B
Britain to work continuously for the training and education of the Africans towards a higher intellectual, moral and economic level than that which they had reached when the Crown assumed the responsibility for the administration of this t e r r i t o r y . " I n the case of Tanganyika, H i s Majesty, by accepting a Mandate—which His Majesty's Government have no intention of abandoning or of seeking to modify in any way—in respect of the territory as one inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, has reaffirmed the principle, long an axiom of British policy and now embodied in the Covenant of the League, t h a t the well-being and development of such peoples form a sacred trust of civilisation; and has undertaken, by Article 3 of the Mandate, to promote to the utmost the material and. moral well-being and the social progress of its inhabitants. The Mandate contains a number of specific provisions directed to t h a t end. 3. W i t h the statement in the W h i t e P a p e r of 1923 in all its aspects and with all its implications, as well as w i t h the principle laid down in the Covenant of the League, and in the M a n d a t e for Tanganyika Territory, H i s Majesty's Government express their complete concurrence. They fully accept the principle that the relation of H i s Majesty's Government to the native populations in East Africa is one of trusteeship which cannot be devolved, and from which they cannot be relieved. The ultimate responsibility for the exercise of this trusteeship must accordingly rest with them alone. I t will be noted t h a t this principle of trusteeship for the native population is i n no way inconsistent w i t h what has been described as the " D u a l Policy," if this is properly understood. T h e task and the duty of government in East Africa is, in fact, two-fold, though the division is not between administration for the immigrant races and for the native population respectively. O n the one hand, it must be the aim of the administration of every territory with regard to all the inhabitants, irrespective of race or religion, to maintain order, to administer justice, to promote health and education, to provide means of communication and transport, and generally to promote the industrial a n d commercial development of the country. In all this range of work persons of every race and of every religion, coloured no less than white, have a r i g h t to equal treatment in accordance with their several needs. But in the E a s t African communities, the duty of trusteeship for peoples " not yet able to stand by themselves under the strenuous conditions of the modern world '' involves, in respect of these peoples, not an alternative system of administration, contrasted with that adopted with regard to immigrant races who are able to stand by themselves, but merely an addition to, or r a t h e r a specialised application and extension of the common administration of which the benefits are enjoyed by the whole population. It is with the additional benefits and the exceptional safeguards called for by tne special needs of the peoples " not yet able to stand by themselves under the strenuous conditions of the modern world " t h a t the trusteeship for the native races is particularly concerned; a n d it is essentially to ensure the maintenance of these exceptional safeguards a n d the development of these additional benefits that His M a j e s t y ' s Government must necessarily, as trustee, retain in their own hands the ultimate decision and the final control. Even if it should be decided in the case of Kenya t h a t the present official majority in the Legislative Council should be abandoned, there could be no question of departing from the fundamental principle enunciated above. H i s Majesty's Government fully and readily appreciate the interest which unofficial members of the Council in Kenya, as also the nominated unofficial members in the Councils of other E a s t African Dependencies, have repeatedly shown in native affairs, and they regard it as essential that the feeling of responsibility of all the unofficial members of the Councils towards the native population should be recognised and encouraged. H i s Majesty's Government accordingly wash to make it clear t h a t they regard the unofficial members of the Councils, whether elected or nominated, as equally responsible with the Government members in respect of the advice which they may tender to the Governors upon native affairs. In short, both the Governors and the Councils are regarded by His Majesty's Government as sharing in the responsibility for native welfare; but whatever the composition of the Councils, they would consider it essential that the Governors should have overriding powers in case they should find it necessary to differ from their Councils, and, in such an event, the Governors, as representatives o f H i s Majesty;, would exercise those overriding powers. W i t h o u t such safeguard
His Majesty's Government could not ensure the maintenance of the trusteeship for which they themselves must continue essentially and irrevocably responsible. 4. A p a r t from the principle of trusteeship which has been discussed in the preceding p a r a g r a p h , H i s Majesty's Government accept no less whole-heartedly the Duke of Devonshire's declaration in the W h i t e P a p e r of 1923 that the interests of the African natives must be paramount, and that, if and when those interests and the interests of the immigrant races should conflict, the former should prevail. This aspect of the question is discussed at length in the Report of the Commission on Closer Union, where the view is expressed t h a t the '' paramountcy '' of native interests is to be interpreted in the sense that the creation and preservation of a field for the full development of native life is a first charge on any territory, and that the Government having created this field in the establishment of an organised governmental administration of the modern type has the duty to devote its energies to assisting the natives to make the best possible use of the opportunities open to them. This obligation, which is plainly involved in the trusteeship, must be regarded as in no way incompatible with the common duty of any Government to promote the development of the resources of its territory and the prosperity of its inhabitants, including the immigrant communities within it. H i s Majesty's Government adopt this interpretation as a general statement of a matter in which a more precise definition is difficult of achievement. I n practice, there is no reason to anticipate difficulty in applying the principle in any particular case where conflict between native and other interests arises. I t is, of course, obvious that such conflict may arise not only between native and European interests but also between native interests and non-native interests other than European. I n the view of H i s Majesty's Government, their trusteeship necessarily involves the corollary that all proposals designed to promote the well-being or the interests of any non-native race must be carefully examined, at the outset, from the standpoint of their effect on the native races, and in any case of doubt as to this effect, reference must be made to the Secretary of State for a decision. 5. Passing from these fundamental considerations of trusteeship and the paramountcy of native interests, it will be convenient to refer here to the opinions expressed in the Report of the Commission on Closer Union with regard to native policy and administration. These opinions do not constitute any novel doctrine. They have long been implicit in the policy with regard to the native races in the different p a r t s of the Empire. They may, indeed, be regarded as little more than an amplification of the policy laid down in the W h i t e P a p e r of 1923, and, broadly speaking, they are wholly acceptable to H i s Majesty's Government. The Commis sion appear, however, to have envisaged a single system of native administration which would be generally applied throughout the East African Dependencies. H i s Majesty's Government, on the other hand, take the view that, while it is possible to lay down certain general principles of universal application in East Africa, it is neither practicable nor desirable to draw u p any common code, or even to frame any uniform system of native administration, in view of the fact t h a t the local conditions and the state of native development vary from territory to territory, and even from district to district within the same territory. Native policy, moreover, cannot be divorced from the general problems of administration with which the Government of any dependency, whether Colony, Protectorate or Mandated Territory, is called upon to deal. I t includes such wide fields as taxation, the disposal of land, the pro vision of the means of communication and transport, the levying of appropriate customs duties on imports, the conditions of the employment of wage-labour, the promotion of health and education among all races, and the prevention of disease among animals and plants, and it must, therefore, be related to almost every branch of the G o v e r n m e n t s activities. 6. But the application of the general principles of policy which have been laid down in the previous paragraphs of this memorandum requires more detailed treatment. The subject can, perhaps, be most conveniently dealt with under three heads : (a) political, (6) social, and (c) economic. 7.—(a.) The political development of the natives is a matter which is very closely bound u p with the general recommendations of the Commission on Closer Union. H i s Majesty's Government contemplate the setting up of a Joint Committee of the two Houses of Parliament for the purpose of further examination of various  B 2
matters arising out of that Report, and in the course of that examination the Committee will no doubt consider this aspect of native policy. In the circumstances H i s Majesty's Government do not think it desirable to anticipate the con elusions which they may reach after they have received the Committee's report. Broadly, the immediate problem is to ensure a steady and continuous process of economic a n d social, and also in a wide sense political development among the natives. The process to be now followed, in the opinion of H i s Majesty's Government, is the development of native social and political institutions on native lines wherever such institutions exist, even in germ, in a form worthy of preservation. The African native thus being trained, by methods and forms of organisation which have a traditional appeal for him, may gradually develop a political consciousness and a desire to take an increasing share first in his tribal affairs and the land reserved for tribal use, and ultimately also in the governance of the territory in which he lives. The means by which this can be achieved is, as pointed out by the Closer Union Commissioners, to make the maximum use of the opportunities of self-government in tribal and local institutions, and increasingly to associate the natives with Government through local native councils. A complement to this would be the co-option, from time to time, of exceptionally advanced natives on bodies such as Native L a n d Boards, and ultimately, wherever possible, their admission to full membership of such Boards. An essential p a r t of this policy would be the reference to Native Councils for their consideration of all proposals seriously or particularly affecting native interests; and the communication to the natives, through whatever organs it may be practicable to use for this purpose, of full information regarding the plans and proposals of the local administration, and the laws which specially concern the native population. I t will be the duty of the local Governments in this way to keep the native population as far as possible continuously informed, not only of the laws to which they will be subjected, but also of the principal developments of the administration. Moreover, H i s Majesty's Government consider t h a t at least the way should be kept open to the possibility, at subsequent dates, of the separate administration of particular native areas, outside the limits of any considerable immigrant settlement, should this be deemed advisable. 8.—(6.) On the social side, H i s Majesty's Government regard the objective to be achieved as a general improvement in the standard of native life, alike in economic conditions, in home circumstances and in the physical health of men, women and children, together with the spread of education in the widest sense. Such education should not be regarded as applicable only to children at school or youths under technical instruction, but must include such measures of adult education as may from time to time be practicable. I t should go far beyond reading and writing, or any mere process of fitting individuals to carry out clerical duties, or even to a t t a i n some measure of proficiency in handicrafts; i t should, as the Report of the Commission on Closer Union expresses it, aim a t raising the average standard of knowledge and of intelligence of the whole community, and achieving such- an intellectual advance, as would, in itself, gradually effect a transformation of the daily lives of the people. Education, sanitation a n d a progressive raising of the economic standard of life should therefore go hand-in-hand. Thus, instruction in home and personal hygiene should be seconded by efforts to improve the housing of natives, and, generally, the material surroundings in which they live, and the provision throughout East Africa of medical facilities, hospitals and dispensaries should be regarded as of equal importance with the supply of teachers and schools. As in the political sphere, so in the social, it should be the aim to train t h e natives themselves to take an ever-increasing p a r t , not only in the work of the educational, medical, administrative and other services alike, by filling, in such services, any posts for which individuals may increasingly become qualified, but also in the local direction of these services through the native councils already referred to. 9.—(c.) T u r n i n g now to the economic sphere, H i s Majesty's Government are of opinion t h a t the main objective to.be kept in view is the improvement of the general condition of the natives by encouraging them to make the most efficient use of their own resources for purposes of production, full regard being had to the principle t h a t the native should be in fact effectively free to work, as he may wish, either in h i s own tribal area, or on his own individual holding of land, or (subject to proper statutory safeguards of the conditions of employment) in labour for wages outside t h e tribal area. I t is evident that a native's freedom to choose his form of work oan be real only if land is practically as well as theoretically available, not only for t r i b a l occupancy, but also for ownership, lease or occupation by such natives as are
prepared individually to take up agriculture on their own account. Moreover, it is part of the duty of the Government to afford active assistance in improving the native methods of cultivation by appropriate training in agriculture (including the keeping of cattle) and by the effective dissemination among the adults of knowledge requisite for this purpose, and in enabling the natives to obtain a fair market for their products, especially by providing adequate means of communication and transport. These and other means of promoting the development of the resources of the territory in native occupancy or use should, in view of the large population concerned, be regarded by the Government as of primary importance. 10. I n considering the problem of developing native economic resources, four factors at once suggest themselves: (i) l a n d ; (ii) labour; (iii) production; (iv) taxation. 11.—(i.) As regards land, it is the view of H i s Majesty's Government t h a t the first essential is to remove finally from the native mind any feeling of insecurity in regard to his tribal l a n d s ; and t h a t land should be kept available for all the tribes of such an extent and character as will fully suffice for their actual and future needs. They therefore welcome the provision to this end which is to be made in the Kenya Native L a n d s T r u s t Bill. They are in cordial agreement with the declaration in- this Bill t h a t the lands within the boundaries as finally gazetted for Native Reserves are reserved for the use and benefit of the natives for ever. Any derogation from this solemn pledge would, in the view of H i s Majesty's Government, be not only a flagrant breach of trust, but also, in view of its inevitable effect upon the natives, a serious calamity from which the whole Colony could not fail to suffer. H i s Majesty's Government further consider that in Kenya the question of native customary rights, as opposed to tribal rights in land, is one which it is becoming urgently necessary to investigate, and they are of opinion that steps to this end should be taken without delay. The legal decision t h a t the land not specifically alienated to individual owners remains vested in the Crown does not mean, in the view of H i s Majesty's Government, t h a t the natives who have been actually using that land have no rights which the Courts of Justice must protect, but only t h a t such customary rights have not yet been so definitely ascertained and defined that the protection of the Courts can in fact be exercised. Accordingly, the earliest possible authoritative ascertainment and definition of these customary rights of occupancy or user in land within the Native Reserves become of the utmost importance. The private rights j u s t referred to are those which, according to native custom, give to the holder some degree of property in land, and benefit only a small privileged class. I t is the aim of H i s Majesty's Government that, while those rights are recognised, every member of the tribe who wishes individually to cultivate land in the *Reserve should be able to find land which he can use for the purpose. They believe that in native areas where the custom of individual tenure does not exist, this is already generally the case. Where t h a t custom has arisen, they are confident that the legal recognition of the custom will go far to remove any reluctance felt by those who hold land under the custom to allowing the young men to obtain the use of land for individual cultivation. All these considerations involve, it will be recognised, not only early investigation, but also continuous study of all the institutions of the native communities, in order that the action taken from time to time by the local Governments should be based upon adequate knowledge of the native habits and customs. I t must be recognised t h a t some acquaintance with, and some t r a i n i n g in, anthropology, particularly w i t h reference to African conditions, has come to form a necessary p a r t of the intellectual equipment of officers in nearly all grades of the East African Colonial Services. Much can be done by the local administrations to encourage and promote such studies; and it is hoped also that it may be possible to increase and improve the preliminary t r a i n i n g in anthropology which has, within the last few years, been attempted on the first appointment of officers for administrative posts. While nothing is more important than the removal from the minds of the natives of any feeling of insecurity in their tenure of the lands definitely allocated for their occupancy and use, it cannot be ignored that the interests of a dependency as a whole inevitably make necessary, from time to time, the compulsory expropriation of larger or smaller plots of land for new purposes of public utility.
* For territories in which actual " Reserves" do not exist, the words " Native Reserves" or " Reserves " should read throughout as meaning " native areas.''
P a r t s of the area allocated for native occupancy or use, as, indeed, of other areas in the individual ownership of persons of any race, must, in the common interest, from time to time, be withdrawn from pastoral or arable use, and even from residential occupation, for conversion into roads or railways; for the erection of schools, hospitals, or police, post office and other Government buildings; for the construction of works supplying water or electricity; and for other uses of like nature. I t would be idle to pretend t h a t any land, whether in native use or occupancy or in European ownership, can remain for all time immune from such compulsory expropriation for public purposes. I n the view of H i s Majesty's Government it is of high importance t h a t no such compulsory expropriation, however small in extent, of land once definitely allocated to native occupancy or use, whether as Native Reserves, or tribal occupancy, or individual holdings, should ever be permitted by the local administration for the mere private or personal profit or other advantage of any individual, whether of European, Indian, African or other race. Where the expropriation is required for public purposes, it should be permitted only after ample notice to the natives or other persons concerned, with a full and patient explanation of the public purpose to be served, and a formal public enquiry by some competent tribunal, which should be required to assess and determine the compensa tion to be made to the persons or tribes thereby deprived of what the Government had already promised to them in perpetuity. One element in the compensation should, in any other case than where land is required for the track of roads or railways, or where no more than a mere site for a building is in question, be invariably prescribed. When an aggregate area of land has been solemnly assured to the native population, i t must not be lessened. Other land therefore of superficial extent equal to t h a t to be compulsorily expropriated, and thus, in effect, abstracted from the area of the Native Reserves, must in every case be obtained from the areas not previously allocated to the natives, and, where practicable, placed freely at the disposal of the persons or the tribe to be extruded from their accustomed territories. Such compensatory land ought, it need hardly be said, to be not only equal in superficial extent, but also, as far as possible, equal in agricultural quality, convenience and market value to t h a t taken away. Where such complete equality cannot be ensured, it will be for the competent tribunal to assess, in addition, the pecuniary compensation, if any, required to make the expropriation equitable. Suitable additions to the a w a r d must also be made, as is customary in Europe, and as is, indeed, provided for in Kenya by the application of the Indian L a n d Acquisition Act, 1884, by way of compensation for disturbance, and also in order to cover the cost of reinstatement in new homes, for removal to which appropriate arrangements should always be made by the Government. Even where the allotment of the new land to the persons actually displaced is not found practicable, an equivalent addition must always be made to the Native Reserves in order that their total area may not be lessened by the expropriation for public purposes that has been found necessary in the interest of the territory as a whole. Only on these lines, in the opinion of H i s Majesty's Government, can those compulsory expropriations of native, as of other lands, which are from time to time necessary in the public interest, be made to seem, to the dispossessed tribes or persons, anything but a breach of the solemn undertaking into which the Government have entered. I t is, however, for the Government to make provision not only for the protection of the lands allocated for the occupancy or use of the native tribes or other organised native groups or communities, but also for the individual occupancy or use, by ownership or under lease, of such natives as have left their tribes and who desire to cultivate land for themselves and their families. Whilst having no desire to go back on the decision come to by Lord Elgin in 1908. confirmed by the White P a p e r of 1923, with regard to the restriction of agricultural land sales in the so-called Highlands of Kenya to persons of European descent, H i s Ma.]esty's Government are not willing to see any restriction extended to other agricultural areas in any p a r t of East Africa. I n general, so far as they are not precluded in any particular case by previous decisions, they adhere to the principle of equality of opportunity in the disposal of all Grown lands irrespective of race, colour or religion—a principle in effect imposed in the Mandated Territory of Tanganyika on His Majesty's Government by the terms of the M a n d a t e upon which their administration of the territory is based, and one which they have no idea of abandoning. But in the view of H i s Majesty's Government their trusteeship for the natives involves some t h i n g more than what, as it must be feared, can in most parts of East Africa for many years be little more than a theoretical equality of opportunity of natives with Europeans in the purchase of individual holdings of land. Whilst H i s Majesty's
Government must continue to affirm the r i g h t throughout East Africa of individual natives, equally with other persons, including Indians, subject to the provisos just mentioned, to purchase or take on lease land outside the Native Reserves, the obligation of trusteeship requires t h a t effective opportunity should be afforded to the natives—perhaps in areas outside the Native Reserves specially allocated for this purpose—to take up individual holdings of appropriate extent on lease or by purchase with payment by easy instalments, for cultivation by themselves and their families, on terms t h a t will render this policy genuinely practicable. I t need hardly be said that the policy of the East African Governments as regards land should not admit of restrictions on the possession, occupation, or use of land by the natives of such a kind as, in effect, to compel them either directly or indirectly to take service for wages with private employers. I t is of great importance t h a t no Government officer should take any p a r t in the recruiting of native labour in such a way as to lead to this fundamental policy being misunderstood. As the alienation of land to non-natives must, in its' bearing on future native needs, assume increasing importance, H i s Majesty's Government consider t h a t an annual return should be furnished to the Secretary of State showing what land included within Native Reserves has been expropriated for other than native occupation or use, and w h a t land outside Reserves has been alienated, under what terms such alienation has been effected and to whom, and what stipulations have been made in each case with a view to preventing purchase by mere speculators, and for ensuring reasonably early and adequate development by the purchasers themselves. 1 2 . - ( i i . ) As regards labour, reference has already been made in a preceding paragraph to a principle to which H i s Majesty's Government attach great importance, namely, that the native should be effectively and economically free to work, in accordance with his own wish, either in production in the Reserves, or as an individual producer upon his own plot of land, or in employment for wages, whether within the territory in which he has been resident or beyond its border, subject to the proper statutory safeguards of the conditions of employment, and for such rates of wages as may be freely contracted for. Actual compulsion to work in private employment could, of course, in no case be contemplated. This is already forbidden by law throughout East Africa, and the ideal which H i s Majesty's Government have in view is the gradual disappearance of even the two kinds of compulsory service which are still lawful, under severely limiting conditions, viz., compulsory labour for public services in case of emergency, and the compulsory labour for tribal services which is based on traditional tribal custom. I t is essential t h a t in these tw o surviving cases (which clearly do not extend to such work as railway construction even by the Government itself, or to employ ment by contractors or sub-contractors on any public works), the power to call out compulsory labour should be most strictly limited to adult men in health and not disabled by age or infirmity, and carefully safeguarded against abuse, and t h a t any such service should be closely regulated. These aspects of the matter will shortly come to be examined in greater detail in connection with the proposed Convention, under the auspices of the League of Nations, to limit and regulate the use of compulsory labour, which is now under consideration internationally, and His Majesty's Government therefore confine themselves at present to stating the above main principles.
13.—(iii.) As regards production, H i s Majesty's Government consider t h a t the natives must be allowed, subject to any necessary safeguards, in the Native Reserves or on land in individual occupation, to grow such crops and to keep such stock as they think most profitable; but, a p a r t from the question of ensuring the necessary local food supply, which is the first essential, the Government should actively encourage the production of such crops and the raising of such stocks as the native may prove best fitted in the particular circumstances to undertake, and such as will give him the best return for his. efforts. Any proposal to prohibit the natives from engaging in any pursuit or from cultivating any kind of produce is, of course, to be deprecated, and if regulations are called for to safeguard stock or crops from disease, such regulations should apply generally to all persons without any racial distinctions. The provision of rail and road transport to ensure adequate access to markets for native just as much as for other produce must.be a primary consideration for the Government, which should use every endeavour to see t h a t natives are in a position to obtain fair prices for their produce, and, in particular, that the pains taken by some of them in improving their methods of cultivating and
i n g r a d i n g t h e i r p r o d u c t s should meet w i t h d u e r e w a r d i n t h e s h a p e of increased v a l u e s . P r o g r a m m e s of r a i l w a y a n d r o a d d e v e l o p m e n t m u s t t a k e fully into con s i d e r a t i o n t h e i m p o r t a n c e of m a k i n g all occupied a r e a s , n a t i v e no less than n o n - n a t i v e , accessible t o t h e best m a r k e t s , a n d of m e e t i n g all reasonable native r e q u i r e m e n t s for t h e t r a n s p o r t of t h e i r p r o d u c e . I n p a r t i c u l a r , special attention s h o u l d be g i v e n t o t h e p r o v i s i o n of a d d i t i o n a l r o a d s w i t h i n n a t i v e areas, a n d to the c o n s t r u c t i o n of c a u s e w a y s or b r i d g e s i n t h e case of e x i s t i n g as well as of new roads, so a s t o e n s u r e a s f a r a s possible t h e t r a n s p o r t of n a t i v e p r o d u c e irrespective of w e a t h e r c o n d i t i o n s or of seasons. H i s M a j e s t y ' s G o v e r n m e n t t a k e t h e occasion to p o i n t o u t t h a t , i n so f a r a s t h e r e m a y n o t h a v e been i n a n y p a r t of E a s t Africa sufficient s u r p l u s of n a t i v e revenue over e x p e n d i t u r e on n a t i v e p u r p o s e s to enable these t r a n s p o r t f a c i l i t i e s to be p r o v i d e d , t h e r e c e n t i n s t i t u t i o n of t h e Colonial D e v e l o p m e n t F u n d m a y i n f u t u r e p r o v i d e a n o p p o r t u n i t y for c a r r y i n g them into effect, especially i n r e l a t i o n to t h e p r o v i s i o n of steelwork w h e r e required for permanent bridges. I n a d d i t i o n t o p r o v i d i n g access to m a r k e t s , i t is necessary to ensure that n a t i v e s a r e n o t , t h r o u g h t h e i r i n e x p e r i e n c e a n d t h e s m a l l scale of t h e i r transactions, p l a c e d a t a s e r i o u s d i s a d v a n t a g e , e i t h e r i n t h e sale of t h e i r p r o d u c e or in the p u r c h a s e of t h e i r r e q u i r e m e n t s . T h i s e n d will, n o d o u b t , u l t i m a t e l y be a t t a i n e d by t h e i n t e l l e c t u a l a d v a n c e of t h e people themselves, b u t , i n e x i s t i n g circumstances, a m e a s u r e of s u p e r v i s i o n over t h e o p e r a t i o n s of t r a d e r s m a y be essential for the p r e v e n t i o n of a b u s e s , a n d m u s t be r e g a r d e d a s a n e c e s s a r y a p p l i c a t i o n of the doctrine of t r u s t e e s h i p . 14.—(iy.) T u r n i n g n o w t o t h e q u e s t i o n of t a x a t i o n , H i s M a j e s t y ' s Government consider t h a t t h e p r i n c i p l e t o be followed is t h a t , w h i l s t t h e whole revenue of a d e p e n d e n c y f r o m d i r e c t t a x a t i o n , by w h a t s o e v e r class, vocation or race payable, ought to be assessed i n p r o p o r t i o n t o t h e a b i l i t y t o p a y of each f a m i l y or household, the levy of d i r e c t t a x a t i o n on t h e n a t i v e s h o u l d be definitely l i m i t e d by h i s capacity to p a y such i m p o s t s w i t h o u t h a r d s h i p , a n d w i t h o u t u p s e t t i n g h i s c u s t o m a r y method of life. T h e n a t u r e of a n y d i r e c t t a x a t i o n levied u p o n t h e n a t i v e s , together w i t h the scale on w h i c h i t i s assessed, should be d e t e r m i n e d p r i m a r i l y i n accordance w i t h this principle. I t is, i n d e e d , a p o s i t i v e d u t y of t h e G o v e r n m e n t s to m a k e sure t h a t t h e n a t i v e h a s a n effective choice i n t h e w a y i n w h i c h h e m e e t s h i s taxes, and every c a r e s h o u l d b e t a k e n to p r o v i d e t h a t t a x a t i o n , w h e t h e r c e n t r a l or local, does n o t , i n i t s r e s u l t , a c t u a l l y oblige t h e n a t i v e t o l a b o u r for w a g e s a s t h e only practicable m e a n s of o b t a i n i n g t h e money w h e r e w i t h t o p a y h i s t a x . O n t h e o t h e r side of the p i c t u r e , i t i s i n c u m b e n t u p o n t h e G o v e r n m e n t s t o e n s u r e t h a t G o v e r n m e n t expendi t u r e on n a t i v e services i n t h e a n n u a l b u d g e t s h o u l d b e a r a p r o p e r r e l a t i o n to the r e v e n u e r a i s e d from t h e n a t i v e s , a n d p a r t i c u l a r l y t h a t t h e n a t i v e s should receive, d i r e c t l y a n d visibly, a f a i r r e t u r n for t h e d i r e c t t a x a t i o n w h i c h t h e y a r e called upon to p a y . T h i s c o n s i d e r a t i o n is one t h a t should c o n s t a n t l y occupy t h e attention of t h e G o v e r n m e n t s , a n d , to e n s u r e t h a t " i t is n o t lost s i g h t of, H i s Majesty's G o v e r n m e n t w i s h t h a t a t t h e e n d of e v e r y financial y e a r a s t a t e m e n t should be f u r n i s h e d t o t h e S e c r e t a r y of S t a t e s h o w i n g i n d e t a i l , d i s t r i c t by district, the total r e v e n u e d e r i v e d f r o m t h e d i r e c t t a x a t i o n of t h e n a t i v e s , a n d t h e t o t a l amount e x p e n d e d b o t h locally, w i t h i n each n a t i v e a r e a , a n d i n c e n t r a l a d m i n i s t r a t i o n upon services d i r e c t l y benefiting t h e n a t i v e p o p u l a t i o n . I n a d d i t i o n t o a n y g e n e r a l r e p o r t on e a c h t e r r i t o r y a s a whole, such as t h a t which t h e G o v e r n m e n t of t h e T a n g a n y i k a T e r r i t o r y f u r n i s h e s a n n u a l l y for transmission to t h e P e r m a n e n t M a n d a t e s C o m m i s s i o n of t h e L e a g u e of N a t i o n s , H i s Majesty's G o v e r n m e n t d e s i r e t h a t i t should be a p a r t i c u l a r o b l i g a t i o n of t h e Chief Native C o m m i s s i o n e r , or o t h e r officer h o l d i n g a n a n a l o g o u s p o s i t i o n , to i n c l u d e in the report f u r n i s h e d a n n u a l l y t o t h e S e c r e t a r y of S t a t e full i n f o r m a t i o n u n d e r the various h e a d s of L a n d , P r o d u c t i o n , H e a l t h , E d u c a t i o n , & e , i n w h i c h t h e circumstances and t h e v i c i s s i t u d e s of t h e n a t i v e s in t h e different p a r t s of t h e t e r r i t o r y a r e in sufficient d e t a i l d e s c r i b e d . I t w i l l be l a r g e l y f r o m t h e s e a n n u a l r e p o r t s t h a t H i s Majesty's G o v e r n m e n t , i n t h e first place, a n d t h e w h o l e w o r l d of those i n t e r e s t e d in African affairs, w i l l be able t o j u d g e of t h e p r o g r e s s m a d e f r o m y e a r t o y e a r " in t h e t r a i n i n g a n d e d u c a t i o n of t h e A f r i c a n s t o w a r d s a h i g h e r m o r a l a n d economic level t h a n t h a t w h i c h t h e y h a d r e a c h e d when t h e C r o w n a s s u m e d t h e r e s p o n s i b i l i t y for the a d m i n i s t r a t i o n of t h i s t e r r i t o r y , " to q u o t e t h e t e r m s i n w h i c h the Duke of D e v o n s h i r e i n 1923 d e s c r i b e d t h e G o v e r n m e n t ' s t a s k i n K e n y a . 15. H i s M a j e s t y ' s G o v e r n m e n t h a v e n o w s u m m a r i z e d t h e p r i n c i p l e s which, in t h e i r o p i n i o n , s h o u l d govern t h e a l l - i m p o r t a n t q u e s t i o n of n a t i v e policy and
administration in East Africa generally. These principles are not new, and it is not, of course, intended to imply that they, or the ideas which inspire them, have never been applied. But, as already explained, His Majesty's Government have judged it of importance to state in a clear and comprehensive form their attitude towards this question. They are the first to recognise that no statement of policy or principles can by itself achieve results, and that progress must throughout be dependent upon the spirit in which the policy and principles are interpreted by those whose duty it is to give effect to them. His Majesty's Government know that they can unhesitatingly count upon the whole-hearted co-operation of the local Governments in East Africa in giving effect to their views, not only in the letter, but in the spirit, as the only means by which the duties of trusteeship for native welfare which have been' assumed "can be honestly and effectively fulfilled.
His Majesty's Government have decided to ask Parliament to approve of the appointment of a Joint Committee of both Houses to examine and advise upon those parts of the Report (Cmd. 3234) of the Commission on Closer Union in East and Central Africa which deal with the questions of closer union in Kenya, Uganda and Tanganyika, and the alteration of the constitution of Kenya, and upon Sir S. Wilsons Report (Cmd. 3378) on his visit to East Africa in 1929. They have approved of the commentary which is appended to this note as a basis for discussion by the Joint Committee. The Joint Committee will, of course, form its own conclusions and I will say no more than this. So far as I have been able to form an opinion after six months' somewhat intensive study of the East African position, the conclusions indicated in the commentary present a workable scheme—perhaps I might say the most workable scheme—for accomplishing the objects at which the Commission on Closer Union aimed. The commentary should, however, be read together with the- statement* of native policy issued by Flis Majesty's Government and applicable not only to Kenya and Uganda, but also to the Tanganyika Territory, for which Flis Majesty's Government have accepted a permanent responsibilty which they will not relinquish or seek to modify. The other parts of the Commission's Report, and more particularly their suggestions as to organisation in this country and the position of Zanzibar, Nyasaland and Northern Rhodesia in relation to any closer union, are not at present under consideration. The statement of Native Policy is, however, of general application. COMMENTARY.
The question of Closer Union between the various territories under British administration in Eastern Africa may be said to have been more or less in the air ever since the end of the Great War, when His Majesty's Government accepted the Mandate for the administration of the Tanganyika Territory. With the establish ment of common services and the growth of common interests between certain of the territories (more particularly between Kenya, Uganda and the Tanganyika Territory), the question became rapidly more prominent, and the need for some co-ordinating authority to deal with such subjects became more apparent. Where there was a service common to two territories, the difficulties attending its control by the Governor of one of those territories are obvious; however impartial he might be in his decisions, and however free from any bias in favour of his own territory, any decision by him unacceptable to the other territory would be regarded there as an indication of partiality. A case in point was the railway system of Kenya and Uganda, where the desirability of separating railway finances from those of the Kenya Government, in
* Cmd.  C
-order to p r e s e r v e t h e i n t e r e s t s of U g a n d a a s t h e chief customer of t h e line, led in 1926 to tlie s e t t i n g u p of a H i g h C o m m i s s i o n e r for T r a n s p o r t , w i t h a n Advisory R a i l w a y C o u n c i l . T h e c i r c u m s t a n c e s t h e n e x i s t i n g n e c e s s i t a t e d a s s i g n i n g the post of H i g h C o m m i s s i o n e r to t h e G o v e r n o r of K e n y a , b u t t h i s i n s t a n c e of dual p e r s o n a l i t y w a s soon s h o w n to be s u b j e c t to all t h e difficulties r e f e r r e d to above. A s i m i l a r t r o u b l e a r o s e in t h e case of t h e first C o n f e r e n c e of t h e Governors of the d e p e n d e n c i e s in E a s t a n d C e n t r a l A f r i c a h e l d i n 1926, w h e r e , i n t h e circumstances, i t w a s n e c e s s a r y t h a t one of t h e G o v e r n o r s ( a c t u a l l y t h e G o v e r n o r of K e n y a ) should p r e s i d e . H e r e , a g a i n , S i r E d w a r d G r i g g f o u n d h i s p o s i t i o n as C h a i r m a n very difficult to reconcile w i t h h i s p o s i t i o n a s G o v e r n o r of K e n y a , in w h i c h c a p a c i t y he h a d t h e closest i n t e r e s t i n t h e s u b j e c t s u n d e r discussion. A n o t h e r q u e s t i o n w h i c h h a d a s s u m e d i m p o r t a n c e in E a s t A f r i c a w a s t h a t of t h e w o r k i n g a n d c o n s t i t u t i o n of t h e K e n y a L e g i s l a t i v e Council. T h e constitution of K e n y a w a s artificial i n c h a r a c t e r , since, w h i l e a n official m a j o r i t y was retained i n t h e L e g i s l a t i v e Council, t h e most a c t i v e p a r t of t h e Council w a s formed by the r e p r e s e n t a t i v e s elected by t h e p o l i t i c a l l y - e d u c a t e d E u r o p e a n c o m m u n i t y . A t the same t i m e t h e I n d i a n C o m m u n i t y h a d g i v e n effect to i t s r e s e n t m e n t a t the share accorded to i t by r e f u s i n g to elect I n d i a n m e m b e r s to t h e Council. I n v i e w of these difficulties, a n d m o r e p a r t i c u l a r l y in view of the obvious d e s i r a b i l i t y of e s t a b l i s h i n g some a u t h o r i t y c o m p e t e n t to c o - o r d i n a t e t h e a d m i n i s t r a t i o n of r a i l w a y , c u s t o m s a n d o t h e r services of common i n t e r e s t a n d to settle difficulties a r i s i n g o u t of them, it w a s d e c i d e d in 1927 to a p p o i n t a Commission to v i s i t E a s t A f r i c a a n d s u b m i t r e c o m m e n d a t i o n s on these m a t t e r s . T h i s decision was m a d e p u b l i c i n a W h i t e P a p e r , * e n t i t l e d " F u t u r e P o l i c y i n r e g a r d to Eastern A f r i c a , " i n w h i c h the o p p o r t u n i t y w a s t a k e n to reaffirm t h e g e n e r a l p r i n c i p l e s of policy l a i d d o w n in t h e 1923 M e m o r a n d u m , " I n d i a n s in K e n y a . " ! The Commi ssion consisted of— The
Sir Reginald M a n t , K.C.I.E.; C.S.I. Sir George Schuster, K.C.M.G., C.B.E., M.C. M r J. H. Oldham M r . H . F . D o w n i e , Colonial Office ^ , . ^ , . , . , v . Colonel C. W . G. W a l k e r , D . S . O . S ^ *s v ? L i e U i l i e s
Hon. Sir E. Hilton
I t s T e r m s of R e f e r e n c e w ere :—
(1.) T o m a k e r e c o m m e n d a t i o n s a s to w h e t h e r , e i t h e r by f e d e r a t i o n or some other f o r m of closer u n i o n , m o r e effective co-operation between the different G o v e r n m e n t s i n C e n t r a l a n d E a s t e r n A f r i c a m a y be secured, more p a r t i c u l a r l y in r e g a r d to t h e d e v e l o p m e n t of t r a n s p o r t a n d communica t i o n s , customs tariffs a n d c u s t o m s a d m i n i s t r a t i o n , scientific research and defence. (2.) T o c o n s i d e r w h i c h t e r r i t o r i e s could e i t h e r now or a t some f u t u r e time bo b r o u g h t w i t h i n a n y such closer u n i o n , a n d , i n p a r t i c u l a r , how best t^ give effect to A r t i c l e 10 of t h e M a n d a t e for T a n g a n y i k a T e r r i t o r y , which p r o v i d e s t h a t t h e m a n d a t o r y m a y c o n s t i t u t e t h e T e r r i t o r y i n t o a customs, fiscal a n d a d m i n i s t r a t i v e u n i o n or f e d e r a t i o n w i t h t h e a d j a c e n t territories u n d e r i t s own s o v e r e i g n t y or c o n t r o l , p r o v i d e d a l w a y s t h a t the measures a d o p t e d to t h a t e n d d o n o t i n f r i n g e t h e provisions of t h e M a n d a t e . (3.) T o m a k e r e c o m m e n d a t i o n s i n r e g a r d to possible c h a n g e s in the powers and composition of t h e v a r i o u s L e g i s l a t i v e Councils of t h e several t e r r i t o r i e s : (a) a s t h e r e s u l t of t h e e s t a b l i s h m e n t of a n y F e d e r a l Council or other common a u t h o r i t y ; (b) so a s to associate m o r e closely in t h e responsibili t i e s a n d t r u s t e e s h i p of G o v e r n m e n t t h e i m m i g r a n t c o m m u n i t i e s domiciled i n t h e c o u n t r y ; a n d (c) so a s u l t i m a t e l y to secure m o r e d i r e c t representa t i o n of n a t i v e i n t e r e s t s in a c c o r d a n c e w i t h (4) below. (4.) T o s u g g e s t how t h e D u a l P o l i c y recommended by t h e Conference of East A f r i c a n G o v e r n o r s (i.e., t h e c o m p l e m e n t a r y development of n a t i v e and n o n - n a t i v e c o m m u n i t i e s ) can best be progressively a p p l i e d in t h e political a s well a s t h e economic s p h e r e .
* Command Paper 2904.
t Command Paper 1922.
(5.) To make recommendations as to what improvements may be acquired in internal communications between the various territories so. as to facilitate the working of federation or closer union. (6.) To report more particularly on the financial aspects of any proposals which they may make under any of the above headings. The Commission proceeded to Eastern and Central Africa in December 1 9 2 7 , and returned to England in May 1 9 2 8 , where it took further evidence. I t s Report* was published in J a n u a r y 1 9 2 9 . This Report, as well as dealing with the questions of Closer Union and the constitution of the local Legislative Councils, in connection with which it had primarily been set up, gave also a very full and weighty exposition of the general principles of native policy, not only as regards East Africa but as regards the British Empire at large, with particular reference to the principles which should govern the relationships between the native a n d immigrant races. I t was this aspect of the Report which was chiefly responsible for the unusually large measure of public interest which it commanded. Before the publication of the Report, t h e then Secretary of State for the Colonies, Mr. Amery, summoned home the Governors of Kenya and Tanganyika (the Governor of U g a n d a was unable to come owing to pressure of public business after his recent leave), and discussions took place in London in the first two months of 1 9 2 9 . The Report had aroused very great interest and criticism in East Africa itself no less than in England, and as a result, after full consideration, the Gbvern ment decided to send Brigadier-General Sir Samuel Wilson, G.C.M.G., K . C . B . , K.B.E., the Permanent Under-Secretary of State for the Colonies, to East Africa to ascertain what measure of agreement could be obtained locally on the recommendations of the Hilton Young Report as regards the three northern territories. Sir S. Wilson's Terms of Reference were :— " You are to proceed to E a s t Africa in o r d e r to discuss the recommendations of the Hilton Young Commission for the closer union of Kenya, Tanganyika a n d U g a n d a (and such possible modifications of these proposals for effecting the object in view as may appear desirable) with the Governments concerned and also w i t h any bodies or individuals representing the various interests a n d communities affected, with a view to seeing how far it m a y be possible to find a basis of general agreement. You are to ascertain on w h a t lines a scheme for closer union would be administratively workable and otherwise acceptable, and to report the outcome of your consultations." H e left England f o r . E a s t Africa in A p r i l 1 9 2 9 and visited Kenya, Uganda and Tanganyika, returning to England early in J u l y . H i s R e p o r t ! on his visit Avas published in October. I t Avas preceded by a foreword explaining t h a t it was published at the earliest possible date for the information of Parliament, but t h a t it was not to be taken as in any AVAY committing the Government, Avhich had changed since Sir S . Wilson left for East Africa. I n accordance with his terms of reference and in view of the discussions which had taken place in London, Sir S. Wilson confined himself in his Report mainly to the question of the machinery desirable for the co-ordination of the essential economic services, on which a considerable measure of local agreement was found, a n d to the question of the Kenya constitution. He therefore did not attempt to deal in his Report w i t h the broad principles of Native Policy enunciated by the Hilton Young Commission, and he limited his enquiries in this respect to ascertaining the vieAvs held locally as regards p u t t i n g the control of Native Policy under a central authority. The subject of Native Policy, hoAvever, continued to occupy the attention of H i s Majesty's Government and to excite intense public interest, and a W h i t e PaperJ was published in Avhich the vieAvs of H i s Majesty's Government with regard to native policy in general Avere enunciated, and copies )f this were sent to the Governors of the A arious dependencies concerned for their information and guidance. H i s Majesty's Government decided at the same time to ask both Houses of Parliament to approve of the appointment of a J o i n t Committee to consider and recommend Avhat immediate changes in the constitution of the three most northerly of. the East African territories (Kenya, U g a n d a and Tanganyika) were practicable and desirable.
* Command Paper 3234;
t Command Taper 3378.
J Command Paper.
The proposals of the Commission contemplate three stages :— (a.) A H i g h Commissioner whose function would be to enquire ancl supervise, but with executive power to give instructions to the Governors on matters included within his scope—primarily native policy and certain services of common interest. He would not intervene in matters of routine and the position of the Governors would remain unaltered. He would be chairman of the Governors' Conference. (b.) A Governor-General with executive powers and control over legislation in regard to the specified services but without legislative function. He would be assisted by advisory councils for general purposes, for Railways, and for Customs. As in the first stage the status of the Governors is to be affected as little as possible, and they are- to continue to be '' for all practical purposes the K i n g ' s representatives in their own territories." The Commission^ VICAV of this second stage is expressed by their sug gestion that the Governor-General would be regarded in the native mind as " t h e local projection of the personality of the Secretary of S t a t e " (p. 154). (c.) Ultimately, a Governor-General with a central council with power to legis late in respect of services of common interest, and with a central revenue. A t this stage the Governor-General would apparently have also adminis trative responsibility in respect of the common services and the status of the three Governors would definitely be reduced to something corre sponding with that of Lieutenant-Governor (p. 221). The Commission do not attach importance to the distinction of title between *' H i g h Commissioner " and " Governor-General." The latter title implies a degree of federation between the dependencies which they do not contemplate, and it is considered preferable to retain the title of " H i g h Commissioner" throughout in referring to the Central Authority of whatever kind. The mission of Sir S. Wilson represents an attempt to reduce the three steps contemplated by the Commission to one, by the immediate creation of a High Commissioner, who would have legislative and administrative responsibility for certain services, and who, as chairman of the Governors' Conference, would have an advisory function in all matters of common interest, and on such matters be in a position to keep the Secretary of State informed of the progress of events and give him valuable advice. Such a H i g h Commissioner would definitely be a King's representative, replacing the Governors in some of their functions, but leaving their constitutional position and their authority in other respects unimpaired. The most serious objection to the arrangements contemplated by the Commission lies in their relation to native affairs, but the question of native policy is of cardinal importance, and is dealt with s e p a r a t e ^ in Section (B) of this commentary. Apart from this, there is a clear advantage in favour of attaining a definitive settlement at the earliest possible moment, as each successive change in the position of the High Commissioner would be accompanied by confusion and controversy comparable with t h a t which has followed the publication of the Commission's report. The position of the three Governors could not possibly remain unaffected in the two' earlier stages. I t has been suggested that it would, in fact, be humiliating. They -would have to introduce into and pass through their Legislative Councils measures which would be known to be due to instructions received from the High Commissioner, and not on that account rendered the more acceptable to the unofficial element, and perhaps also to the official element, of the Legislative Councils of the dependency concerned. Even if there were no possible objection of this nature, experience shows that the procedure of securing the passage of simultaneous and identic legislation through three separate Legislative Councils is in itself inconvenient and dilatory. I n the second stage it will be known whether the measures have or have not the support of the High Commissioner^ advisory councils, and tho Governors position would be equally difficult in either event. In the former, ;) controversial measure would be resented the more if it were felt that it was endorsed by the opinion of men no better qualified to advise than many members of the Legislative Council. I n the latter, the weight of opposition would be greatly increased. Further, it might happen that a member of the Legislative Council
w *? -
would also be a member of the H i g h Commissoner's advisory council; his support, in the face of the opposition of other members, of a measure which he had advocated, or his silence on a measure against which he had advised, would be a further embarrassment to the Governor. The Commission 's preliminary stage would appear effectually to destroy the feeling of responsibility on which public administration is based. The Governors position has already been dealt w i t h ; he would have no responsibility for measures which he "put to this Council in the framing of which he may have had little voice. His Legislative Council could not be expected to co-operate seriously. Members who found a measure gpntrary to their views would either oppose it with a feeling of resentment destructive of useful discussion, or would treat it with apathy. The H i g h Commissioner himself, free from the constant check of parliamentary criticism, without the responsibility for actual administration and without other assistance than t h a t of an irresponsible advisory council, becomes an arbitrary ruler whose ideas are uncontrolled by the duty of carrying them into actual effect. The Secretary of State, having delegated p a r t of his functions, cannot resume them, and has no reply to any question that may be raised in Parliament. For the proper administration of the services of common interest, there is every reason to proceed to the Commission'^ third stage as rapidly as possible. I n the case of transport, the H i g h Commissioner for Transport, Kenya and Uganda, already feels that his position is made difficult and his impartiality called into question by the fact t h a t he is also Governor of Kenya. The effective administration of the Customs Union between the three dependencies calls for comment and responsible direction at the earliest possible date. The Commission contemplate as one of the subjects for investigation at the preliminary stage the arrangements for introducing the modifications proposed in the constitution of Kenya. Those modifications are discussed in Section (E) of this commentary, but, whatever may be decided on them, it seems essential to fair dealing that their nature should be determined, and the method of their operation decided upon as far as possible, before any step is taken to detract from the authority of the Legislative Council of Kenya as it now exists. (B.)—Native Policy and Administration.
The main reason actuating the Commission in recommending a gradual extension of the position of the H i g h Commissioner seems to have been their view of the importance of investigating native policy in East Africa. There is a great deal which can be done without prior investigation, and the Statement of Native Policy* which has been issued may be thought to represent adequately all t h a t could be expected from the first stage of the Commissioner^ proposals, while leaving ample scope for the H i g h Commissioner, as Chairman of the Governors Conference, to co-ordinate the work done in carrying out the Statement of Policy, and to propose any supplementary arrangements which, after due enquiry and consultation, are proved to be desirable. The actual execution of native policy is the point on AVHICH the proposals of the Commission have met with most criticism, on grounds of principle, of expediency and of practicability. I t is recognised t h a t H i s Majesty's Government is charged with a trusteeship for native welfare which is emphasised by the Covenant of the Versailles Treaty as regards all native races, and more specifically insisted on in the Mandate for Tanganyika. I t is no new principle, as it underlies the whole of British Colonial administration. W i t h o u t pressing too far the legal connotations of a term which is used in a general sense, it is the essence of a trusteeship of this kind, equally with a legal trust, that it cannot be devolved or delegated. Notwithstanding all devolution of authority, the moral (and even the legal) responsibility remains with the trustee himself. The Secretary of State's responsibility for the natives and his authority for the administration of native affairs must remain unimpaired and undivided. To put executive control of native affairs definitely under the H i g h Commissioner would mean t h a t there would be protests (a) from Uganda, especially by the Baganda, based on the fear t h a t their interests AVOULD be subordinated to views now held, or supposed to be held, in Kenya as to the position of the African; (b) on behalf of Tanganyika, and particularly by the Permanent Mandates Commission of the
League of Nations, based on a similar fear; and (c) by the European agricultural interests in Kenya, who, on the contrary, would apprehend that their legitimate interests would be subordinated to what they would r e g a r d as academic views, which, however well suited to the conditions in U g a n d a and Tanganyika, would raise in an acute form the question of conflicting interests between native and immigrant communities in Kenya. There remains the question whether the removal of responsibility for native welfare from the local Governments and legislatures is in fact the best way of terminating what conflict there now is between the interests of natives and others. It may be regarded as certain that in Kenya the growing sense of responsibility for native welfare which is felt by the European community would be permanently crippled when it was realised t h a t they were unable, through their representatives, to t a k e an effective p a r t in matters affecting the natives. Conflict of interest is at present a matter of degree; every care should be taken to avoid making it a matter of principle. N a t i v e policy is concerned primarily with native administration, but also it admittedly includes not only the disposal and administration of land, but also the taxation of the natives, and thus the framing of the annual budget for each territory, hot merely all the law and administration relating to wage labour, but also sanitation and medical services, along with education and technical training. Even the administration of criminal justice in the police courts is very closely bound up with native policy. These considerations seem to point to a definite choice between complete union of the three dependencies in a Governor-General, who would be responsible for all their activities, and keeping the control of native affairs definitely in the hands of the separate Governors, with the advantage of consultation and interchange of views afforded by their conferences under the chairmanship of the High Commissioner. I t may be objected that the transferred services which are contemplated as a matter for the High Commissioner, especially Railways, Customs and Defence, are as closely identified with the native interests as are some of the others which have been mentioned. They are, however, matters in which the effect on native interests can be closely watched, and are services which lend thmselves for collective handling as the others do not. The view of the Commission that the natives would easily assimilate the conception of the H i g h Commissioner as the local projection of the personality of the Secretary of State is difficult to accept. The most advanced native people with which we are dealing, the Baganda, have repeatedly given expression to their objection to any control other than that of their own Governor, as the K i n g ' s local representative, and of the Secretary of State as the King's Minister; to them the Central Authority as contemplated by the Commission would be an outside authority overriding their Governor, to whom the Secretary of State had surrendered their interests. Further, they and all other natives would be quick to see the change in the position of their administrative officers, as the servants of the Governor, but obeying the orders of a super-Governor. The prestige of the Governor would disappear, and with it the usefulness of his making personal contact with the people. If, then, the H i g h Commissioner is to have the executive control of native affairs, it seems essential that, as is proposed in the case of the common services, he should also have the duty of administration and be the head of the administrative establishment in all the dependencies. The objections to such a course, unless it were accompanied by a complete union of the dependencies, are apparent from what has already been stated—it -would involve interference with every aspect of local administration. I n particular, it would reduce to confusion the administration of those areas in which natives and non-natives live side by side. (C.)—-A More Practicable Scheme.
If it is accepted that the functions of the H i g h Commissioner should be at least in p a r t administrative and legislative, and not merely advisory, and that his powers should have their fullest extension only with regard to what have been called the economic services, which it is desirable to amalgamate, a practicable scheme can be worked out to form a satisfactory basis on which the instruments of Government relating to the H i g h Commissioners office can be framed. W i t h regard to the arrangements proposed for the appointment of members of the H i g h Commissioner s Legislative Council, it may be suggested that it will probably be found desirable that they should be appointed by the High Commissioner after consultation with
the G o v e r n o r s concerned, r a t h e r t h a n .that t h e y s h o u l d be chosen by t h e Governors a n d r e c o m m e n d e d t o t h e H i g h C o m m i s s i o n e r for n o m i n a t i o n . I n the event of the creation of such a Council, i t w o u l d be a s i m p l e m a t t e r t o e n s u r e by i n s t r u c t i o n s to the H i g h C o m m i s s i o n e r t h a t t h e m e m b e r s n o m i n a t e d to r e p r e s e n t e a c h t e r r i t o r y should be fully r e p r e s e n t a t i v e , as f a r as t h e i r n u m b e r s p e r m i t t e d , of all i n t e r e s t s in these t e r r i t o r i e s , a n d n o t of a n y o n e section of t h e c o m m u n i t y only. I n a d d i t i o n , it w o u l d be n e c e s s a r y to m a i n t a i n u n i m p a i r e d t h e p o s i t i o n of T a n g a n y i k a a s a d f s t i n c t u n i t of a d m i n i s t r a t i o n , a l t h o u g h combined for c e r t a i n purposes c o n t e m p l a t e d by A r t i c l e 10 of t h e M a n d a t e . I n p a r t i c u l a r , i t would be desirable t h a t t h e common c o n t r o l of t h e r a i l w a y systems should n o t e x t e n d t o complete a m a l g a m a t i o n , b u t t h a t t h e T a n g a n y i k a system s h o u l d r e m a i n a s e p a r a t e e n t i t y w i t h s e p a r a t e e s t i m a t e s of r e v e n u e a n d e x p e n d i t u r e , i n o r d e r t h a t t h e r e m i g h t be no d o u b t a s to t h e use w h i c h w a s b e i n g m a d e of r e v e n u e s r a i s e d in t h e M a n d a t e d Territory. I t would be necessary also t o e n s u r e t h a t , i n t h e i m p r o b a b l e event of l e g i s l a t i o n passing t h e Council on t h e votes of t h e Kenj^a a n d U g a n d a r e p r e s e n t a t i v e s a g a i n s t the best i n t e r e s t s of T a n g a n y i k a , t h e S e c r e t a r y of S t a t e s h o u l d be in a p o s i t i o n to secure t h a t t h e r e s p o n s i b i l i t y of H i s M a j e s t y ' s G o v e r n m e n t u n d e r t h e M a n d a t e w a s not a b r o g a t e d or even i m p e d e d . F o r t h i s p u r p o s e , i t should be l a i d d o w n t h a t a m o n g the classes of bills t o w h i c h t h e H i g h C o m m i s s i o n e r is n o t to assent w i t h o u t t h e prior a p p r o v a l of t h e S e c r e t a r y of S t a t e should be i n c l u d e d bills w h i c h involve a n y point affecting t h e M a n d a t e for t h e T a n g a n y i k a T e r r i t o r y , w h i l e a m o r e g e n e r a l provision w o u l d be d e s i r a b l e , to t h e effect t h a t if a n y m e a s u r e is opposed by four of the r e p r e s e n t a t i v e s of a n y t e r r i t o r y t h e m e a s u r e s h o u l d s i m i l a r l y r e q u i r e t h e p r i o r a p p r o v a l of t h e S e c r e t a r y of S t a t e . T h e financial a r r a n g e m e n t s i n d i c a t e d in t h e a p p e n d i x t o S i r S. W i l s o n ' s R e p o r t would r e q u i r e a d j u s t m e n t w h e n t h e m a t t e r h a s been c o n s i d e r e d in g r e a t e r d e t a i l . I n p a r t i c u l a r , a s c u s t o m s d u t y w o u l d be collected by t h e officers of t h e H i g h Com missioner, it would be for those officials to h a n d over t o t h e local G o v e r n m e n t s 75 per cent, of t h e r e v e n u e collected, a n d n o t for t h e local G o v e r n m e n t s to h a n d over 25 per c e n t , to the H i g h C o m m i s s i o n e r . Also, t h e a r r a n g e m e n t s for t h e " r e p a y ments " w o u l d r e q u i r e closer definition, a n d p r o v i s i o n w o u l d be necessary for t h e m to be p a i d over in i n s t a l m e n t s d u r i n g t h e course of t h e financial y e a r , subject t o final a d j u s t m e n t w h e n t h e y e a r is c o m p l e t e d . T h e s e , however, a r e d e t a i l s w i t h w h i c h the J o i n t C o m m i t t e e n e e d n o t be t r o u b l e d . T h e a c t u a l a d m i n i s t r a t i o n of r a i l w a y s w h i c h a l r e a d y exceed-2,600 miles, of customs d u t y a l r e a d y e x c e e d i n g £ 2 , 0 0 0 , 0 0 0 a n n u a l l y , of t h e p o s t s a n d t e l e g r a p h s of a region t w o - t h i r d s t h e . size of B r i t i s h I n d i a , a n d of t h e m i l i t a r y a r r a n g e m e n t s for its defence, t o g e t h e r w i t h t h e c o - o r d i n a t i n g f u n c t i o n of t h e H i g h C o m m i s s i o n e r a s the C h a i r m a n of t h e G o v e r n o r s C o n f e r e n c e , w o u l d f o r m a fitting t a s k for a m a n of the s t a n d a r d r e q u i r e d i n one w h o m u s t t a k e t h e p r e m i e r p o s i t i o n in E a s t A f r i c a . I t is a t a s k m o r e w orthy of such a m a n t h a n t h e p u r e l y d i r e c t i n g p o s i t i o n contem plated by t h e C o m m i s s i o n on Closer U n i o n , who, in t h e i r c o m p a r i s o n w i t h t h e w o r k of L o r d M i l n e r i n S o u t h A f r i c a ( p a g e 147), h a v e n o t t a k e n i n t o a c c o u n t t h e f a c t t h a t L o r d M i l n e r w a s a t t h e s a m e t i m e G o v e r n o r of t h e T r a n s v a a l a n d t h e O r a n g e R i v e r Colony a n d H i g h C o m m i s s i o n e r for t h e P r o t e c t o r a t e s i n S o u t h A f r i c a . R e a s o n s for g i v i n g i m m e d i a t e l e g i s l a t i v e p o w e r s to t h e H i g h C o m m i s s i o n e r a r e given i n Section A above. I t is n e c e s s a r y to p o i n t o u t t h a t t h e g r a n t of legislative powers to a H i g h C o m m i s s i o n e r , w h e t h e r now or l a t e r , w o u l d involve (since those powers a r e to some e x t e n t a s u b t r a c t i o n from those of t h e l e g i s l a t u r e of t h e Colony of K e n y a ) t h e conclusions t h a t t h e r e m u s t be a L e g i s l a t i v e Council c o n t a i n i n g K e n y a r e p r e s e n t a t i v e s a n d t h a t i t s l e g i s l a t i v e sessions m u s t be w i t h i n t h e Colony of K e n y a , whereas M o m b a s a , w h i c h is s u g g e s t e d by t h e C o m m i s s i o n a s t h e seat of g o v e r n m e n t , is in t h e P r o t e c t o r a t e of K e n y a . T h e Colony of K e n y a is a B r i t i s h s e t t l e m e n t w i t h i n the m e a n i n g of t h e B r i t i s h S e t t l e m e n t s A c t , 1887, a n d t h i s p o s i t i o n could t h e r e f o r e only be a v o i d e d by a m e n d i n g , by A c t of P a r l i a m e n t , Section 3 of t h a t A c t , w h i c h provides for t h e d e l e g a t i o n of t h e C r o w i r s p o w e r of l e g i s l a t i o n to " a n y t h r e e or more p e r s o n s w i t h i n t h e S e t t l e m e n t . "
A n o r g a n i s a t i o n of common services i n t h e t h r e e d e p e n d e n c i e s on t h e lines suggested in Section C does n o t involve a n y c h a n g e i n t h e s t a t u s of t h e m a n d a t e d area or of its i n h a b i t a n t s . A s t h e T a n g a n y i k a M a n d a t e is n o t of t h e k i n d expressly
mentioned in the Covenant, which allows administration as an integral part of the mandatory's territory, Tanganyika must preserve its individuality as a territorial unit. This conclusion, however, is qualified by a special section in the Mandate itself which authorises the mandatory " to constitute the territory into a customs, fiscal and administrative union or federation with the adjacent territories under his own sovereignty or control, provided always t h a t the measures adopted to that end do not infringe the provisions of this mandate." Such a union seems clearly to involve, as one of the most important means of securing the utmost benefit for all participants, some method of joint legislation; and the method which British experience has shown to be most effective and satisfactory in similar cases is that of acting with the advice of a Legislative Council, representing all interests concerned, in which there are the fullest opportunities for free debate. Since one of the partners in the proposed union is a British Colony, no other solution, even if it were desirable, is possible, as has already been indicated in Section (C). While a common Legislative Council seems necessarily to be implied in Article 10 of the Mandate, it is, in any case, open to H i s Majesty, holding full powers under Article 3, to legislate with the advice of any body which H e may think most suitable for the purpose, provided that He retains absolute control. In the case of Tanganyika, H i s Majesty legislates at present with the aid either of the Privy Council or of a local Legislative Council. The suggestion is now to establish an additional Council for matters common to the three territories. The maintenance of the integrity of the Mandated Territory and of the complete authority of the Crown, while guarded by the powers of the Secretary of State, would be further secured by the suggested provision which enables any four of the Tanganyika members of the Council to require any measure which might in any way affect the interests of Tanganyika to be referred to the Secretary of State through the High Commissioner. The Tanganyika Mandate sets forth many principles which, as common postulates of British policy, need not here be mentioned; I t also definitely prohibits the establishment of fortifications or military and naval bases and the military organisation of the natives except for local police purposes and for the defence of the territory. These conditions will have to be borne in mind in arranging for a general redistribution of the forces under a central administration. There are also detailed provisions for securing the fullest equality of economic, commercial and industrial rights to all nationals of states members of the League of Nations, and it therefore follows t h a t any union or federation unifying these rights over a number of dependencies which include Tanganyika must extend over all of them many of the privileges secured by the M a n d a t e . In order to secure the proper fulfilment of Article 11 of the Mandate, requiring the submission of an annual report to the Council of the League of Nations, and of the critical functions of the Permanent Mandates Commission, it will be necessary for the H i g h Commissioner, as well as the Governor, to take p a r t in the preparation of the annual report; and though it is not explicitly mentioned in the Mandate, there must obviously be such a separation and presentation of the H i g h Commissioner accounts and results as will enable the Mandates Commission to assure itself that the principles of the Mandate are being carried out both generally and in detail. These essentials would be prescribed in the instructions to the H i g h Commissioner, I t may be observed t h a t under Article 257 of the Treaty of Versailles public property in Tanganyika must, in general, remain the property of '' the Mandatory Power in its capacity as such," that is, of the Government of the Territory, though there is nothing to hinder common management in the general interest. (E.)—The Kenya Constitution.
Whatever arrangements may be made for centralisation, and even if no such arrangements are made, it is necessary to consider what steps can properly be taken to make the Legislative Council of Kenya more fully representative of the various interests concerned, without at the same time involving any immediate advance towards the grant of responsible government, as to the practicability of which even in the ultimate future members of the Commission were not agreed, but which it is desirable to leave to the n a t u r a l course of political evolution without any stimulus, at a time when that course cannot be foreseen. The grant of elective representation in Kenya after the W a r AVUS followed, owing to the necessary use of the official majority, by a period of " permanent oppo
sition '' on the p a r t of the elected European members which largely neutralised their usefulness in the constitutional machinery and deprived the Government of what might have been valuable assistance. Later, the system of referring special subjects to Select Committees has been adopted with useful results so far as obtaining the active participation of Elected Members is concerned. But the practice which has apparently grown up, of accepting the views of the Select Committee after inadequate debate and examination in the full Council, made i t difficult for the Government to Secure the passage of measures in which the elected element do not entirely agree. The problem of the moment is to find some means of securing the assistance of the Elected Members as partners with the Government in the legislative machinery while at the same time securing the adequate representation of other unofficial interests and the ability of the Government to ensure the passage of necessary measures against, if need be, the weight of opinion of the elected element. In addition, it is becoming more necessary every year to relieve the Official Members, who are themselves Heads of Administrative Services, of the burden of attendance in the Legislative Council. The Commission have themselves recommended the substitution of nominated for some of the Official Members and the Chairman, going further than his colleagues, recommended an increase in the number of elected Europeans which considerations of the balance between country and town render desirable in order to improve the representative character of the elected element. By the judicious selection of nominated Unofficial Members, representing not sectional interests so much as those general interests which are not sectionally represented, it would be possible greatly to increase the usefulness of the Council without throwing the balance of power into any particular unofficial quarter or depriving a prudent Governor of the ability, in any probable circumstances, to carry his measures into effect. W i t h a Council in which the official and nominated unofficial elements together constitute a majority, effective control of legislation (including that relating to natives) should not be difficult to secure. Provision must, however, be made for exceptional cases and for this purpose the Commission recommended that the powers of veto and. certification should be vested in the H i g h Commissioner. Those powers might be vested either in the H i g h Commissioner or the Governor of Kenya, but the balance of advantage may be thought to be on the side of their being vested in the Governor. I t would be n a t u r a l to suppose t h a t the smooth working of the Council would best be ensured if the Members whose views were overridden felt that it was done by the authority who was most closely in touch with local feeling and who had followed personally the course of debate. Experience of cases in which it has been necessary for the Secretary of State to advise disallowance of an Ordinance shows' that there is substance in this view. The only reasons for transferring the powers of veto and certification to the H i g h Commissioner must be either t h a t it would: relieve the Governor of an invidious duty, or that the Governor must be so much exposed to local influence t h a t he would not be a proper judge of the necessity for using the powers, or at least t h a t the H i g h Commissioner, having a more detached and broader view of E a s t African affairs, would be a better judge of that necessity. On the ground of the desirability of increasing in every possible way the sense of responsibility of the Legislative Council and the Governor, it seems better t h a t the powers should rest with the Governor. An additional safeguard of legislation would be afforded if, to the classes of Bills which the Governor is required to submit for the consideration of the Secretary of State, were added " a n y measure which has evoked strenuous opposition from any racial or religious minority a n d which in his opinion may cause hardship or oppression." A clause to this effect has in fact been inserted in the new Constitution of Ceylon. I t seems undesirable that the races or classes from which the nominated Unofficial Members of Council would be chosen should be expressly laid down, but i t should be recognised that, when it becomes possible, they should include one or more Africans. The qualifications which must be expected in an African representative cannot be determined without careful examination. I t would seem t h a t he should not merely be able to express to the Council his views on native questions, but that he should also be able to take a useful p a r t in the general work of the Council. H e would haye to be recognised as an acceptable spokesman of the most intelligent native 
opinion and, if himself by residence actually a member, of a tribal community, it would be necessary to ascertain t h a t his appointment was agreeable to the leaders of Chat community. The ultimate goal to be expected in the development of the Kenya Legislative Council may well be the representation by persons of any races elected on a general franchise based on a civilisation test. This goal cannot immediately be obtained and it is strongly urged that it would be a mistake in the development of native interests if it were to be supposed that it is one which the natives should set before themselves at this stage. There is a great deal to be done in breaking down racial barriers and in building up native civilisation before such an arrangement could be made. I t is argued that the political and economic development of the natives must lie in the direction of the improvement of their own institutions and their standards and methods of life, coupled with an advancing experience of local government, for which provision already exists in eactrof the three dependencies. In this way, without any sudden change which might break dowm the whole machinery of native life, and without diverting the best native intelligence to political ends which for the present must be regarded as unobtainable, the African can best be fitted to take his p a r t in the public life of the future.
(F.) The Indian
The main question relating to Indians in East Africa, and the only political question of real moment, is t h a t of the electoral arrangements in Kenya. After the war elective representation on the Legislative Council of Kenya was introduced for the Europeans. Subsequently elective representation was introduced for the I n d i a n and A r a b communities. The franchise is confined, so far as concerns nationality, to British subjects of European origin or descent; British subjects of I n d i a n origin or descent, or Indians under the suzerainty or protection of His Majesty; and Arabs who are British subjects or under the protection or suzerainty of H i s Majesty, able to write Arabic on Swahili in Arabic characters. The franchise is on the basis of adult suffrage for all these races, except t h a t A r a b women are excluded. There is a residential qualification, and the usual disqualification of persons of unsound mind, undischarged bankrupts, &c. Thus, both for Europeans and for I n d i a n s the principle of elective repre sentation has been accepted, and no dispute arises in regard to this on either side. The point to which much importance is attached by the I n d i a n community, and which is in fact the " I n d i a n Question" in E a s t Africa, is the method whereby elective representation is to be effected. Interest in this question is not restricted to E a s t Africa; indeed, it is in I n d i a itself that feeling is strongest on the subject. There a r e two alternative methods for securing elective representation, known generally as " a communal franchise " and " a common electoral roll." When His Majesty's Government in 1923 dealt exhaustively with matters relating to Indians in Kenya (Cmd. P a p e r 1922) they decided upon a communal franchise. Under this system European a n d I n d i a n constituencies are fixed independently; Europeans vote in the European constituencies for European candidates, and Indians vote in the Indian constituencies for I n d i a n candidates. This position has never been acceptable to the I n d i a n s , who, unlike the other communities in Kenya, interpret it as marking an inferior political status for themselves, despite the fact that a communal franchise and as a consequence they exists in India itself. I t offends their amour-propre, resent it. They are refusing to exercise their right to elective representation, and arrangements have had to be made for continuing a system of nomination of Indians by the Governor in order to secure their representation upon the Legislative Council. They demand to-day, as they demanded in 1923, the alternative system of a common electoral roll under which Kenya would be divided into a number of constituencies, in each of which European and I n d i a n voters on the roll would vote together a an t election for candidates of either race. The qualifications for admission to the voters' roll would be precisely the same for both races, and the I n d i a n spokesmen have always taken the line that they would be prepared to accept a high standard for admission to the roll even though it would preclude a large majority of the Indians in Kenya from acquiring the franchise. I t is clear that in the abstract much can be said in favour of a common electoral roll in any territory in which there is election of representatives to a common Council. B u t whatever the advantages of the system when considered in the abstract, it is
urged in many quarters t h a t it is not possible, as a matter of practical politics in a colony like Kenya, to introduce a fundamental change in the constitution by substituting a common electoral roll for the existing communal franchise without the support of public opinion. This is recognised in the Report of the Commission on Closer Union. The conditions to-day are in effect the same as those which obtained in 1923. I t was then argued t h a t if a common electoral roll were adopted in Kenya, it was difficult to see how it could fail to result in elections being fought on racial grounds, and the gap which unfortunately existed between the European and the Indian communities—and which still exists to-day—would be widened and continued. I t may well be thought t h a t a rapprochement between the Europeans and I n d i a n s in the social sphere is a necessary preliminary to a political change in the direction desired by the Indians. Given the former, the latter would no doubt follow easily. The door to such a change has never been closed by H i s Majesty's Government. When this question was under consideration previously, an adaptation of the common electoral roll was contemplated in what was known as the Wood-Winterton proposals, i.e., proposals framed by the Hon. E d w a r d Wood (now Lord Irwin) and the Earl Winterton, who were the Parliamentary Under-Secretaries of State for the Colonies and I n d i a respectively. This adaptation takes the form of a common electorate with reservation of a specified number of seats for candidates of a given race. The details of this proposal, which might be p u t into effect in more than one way, are given in the W h i t e P a p e r of 1923; but for present purposes it is the general principle only which need be considered. The Wood-Winterton proposals were referred to I n d i a and Kenya for a confidential expression of opinion by the two Governments. The Government of I n d i a would have been prepared to accept a common electoral roll combined with a reservation of seats; the Government of Kenya could not accept it, mainly on the ground that it gave no sufficient safeguard to the European community against I n d i a n predominance in the future. I n the W h i t e P a p e r of 1923 it is stated t h a t the result of reference to opinion in Kenya of the recommendation that a common electoral roll should be adopted, even though combined with the reservation of seats, was to show t h a t the advantages claimed for the common electoral roll would in practice have been illusory, as in the special con ditions existing in Kenya i t was clear t h a t no candidate, European or Indian, could stand as an advocate of the interests of the other race without sacrificing the support of his own. The conclusion then reached by H i s Majesty's Government was that, having regard to all the circumstances, the interests of all concerned in Kenya would be best served by the adoption of a communal system of representation. .. As regards communal franchise, the arguments set out in the W h i t e P a p e r of 1923 in favour of this system for adoption in Kenya were t h a t it secured to every elector, I n d i a n or European, the opportunity of being represented by a member with sympathies similar to his own; t h a t no justification was seen for the suggestion t h a t it is derogatory to any of the communities so represented; that so far from having a disruptive tendency, it might even help to contract division between the races; that it would permit of a far wider franchise being given to the Indians t h a n would be the case with a common electoral roll, and so serve better as an instrument for the political development of the I n d i a n community; and, in general, that i t provided a framework into which could be fitted immediately the g r a n t of electoral represen tation with a wide franchise to the other community in Kenya then ready for such an institution, namely, the Arabs, and into which could be fitted in due season a system of representation for the natives of Kenya themselves. I t has already been stated t h a t the ultimate goal in Kenya may well be a general franchise based upon a civilisation test irrespective of race and colour, but that it is not to be expected t h a t the natives will be able, at an early date, to play an effective p a r t in the government of Kenya as members of a common electorate embracing all the separate communities, and, therefore, that the first stage in the inclusion of natives as elected representatives of their own people in the central legislature of the Colony must be expected to be on some other basis. If this view be accepted, it follows that the communal framework must in some form be retained in the meantime. I t does not, of course, follow t h a t the communal franchise for Europeans and Indians and Arabs must be retained for the same period of time; if conditions alter and local feeling undergoes a change, a joint electorate for two or all of these communities may come into being. But the principle of different electoral rolls with different qualifications for voters would have to be retained at any r a t e for the natives on the one hand, and the immigrant races on the other, and in t h a t case it is difficult to see what practical advantage would be gained by endeavouring to force the pace w i t h the object of combining two or all of the existing separate electorates. o
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