Dawn in darkest Africa

by John H. Harris

The native in Portuguese colonies, therefore, must work. The sphere of labour he may choose, but idleness is henceforth a punishable offence.

Women, sick men, minors under fourteen years of age, chiefs and those in regular employment, are either exempt from the operation of the ordinance or deemed to have fulfilled its obligations.

Any native may contract his services, but, in the first instance, for a period limited to two years. The agreement is null and void unless the wages are fixed and recorded in the contract. Any clause giving the employer the right to administer corporal punishment likewise renders the contract invalid. The engagement may be made with or without the assistance of Government officials, but any document signed in the presence of a Government authority carries with it both the right and the responsibility of official intervention in any subsequent dispute between the parties. If, however, the contracting parties enter into the agreement without reference to the authorities, the employer cannot look for official assistance in disputes with the employés, although the latter under all circumstances may rely upon official protection and assistance. All contracts must bear the impress of the labourer’s thumb. Wages may not be withheld, nor may pressure be exerted to force merchandize upon the employé in lieu of wages.

Recruiting agents must obtain a licence from the Governor of the province, and any infraction of this section of the ordinance is punishable by a fine of £100 to £1000. A heavier penalty still awaits any recruiting agent who attempts to contract labourers for prescribed regions: presumably that death-trap of Portuguese colonies, the island of Principe. The punishment for such violation may be imprisonment for one year, a fine of £200, and at the expiration of the term of imprisonment, expulsion from the colony. Similar penalties await any agent contracting labourers beyond the bounds of his judicial area.

The Republican Government evidently realizes that contract labour, however benevolent it may be made to appear on paper, is not always a heavenly condition, and that the labourer may repent of his bargain before expiration. Section 18 provides for almost every concomitant which attaches to restrained labour. The pill, however, is sugared by a preliminary and somewhat unctuous preamble, that the whole trend of employment must be that of “moral education.” In pursuance of this laudable object, powers of arrest are conferred, “precautions” against running away are permitted, and if a second offence occurs, the offender, “when caught,” may be taken to the authorities “to be chastised.” There are, however, certain limits to these powers, for the employer may neither shackle nor chain an employé, nor may he deprive the labourers of food, nor impose any fines which involve deductions from wages.

If the native of the Portuguese colonies dislikes the yoke of any master, he may, like Adam, “till the soil,” for, as already stated, all vacant public and uncultivated lands are at the disposal of the colonists. The first general restriction is that this liberty is only open to those “who do not possess immovable property to the value of £10.” The object of this restriction is nowhere elucidated, but apparently it is that of fixing the population upon definite areas.

LEASEHOLD BECOMES FREEHOLD

If, then, the native does not possess immovable property to that amount, he may occupy a piece of land measuring 2¼ acres for himself, and an additional acre for every member of his family with the exception of males above fourteen years of age.

A man with two wives, a mother, three daughters, and also three sons under fourteen years of age, could occupy under this regulation a little over ten acres, but the occupation must be an effective one. A dwelling-house must be erected, and two-thirds of the area must be under cultivation, otherwise the title becomes void, and the authorities will expel the occupants. The right of occupancy is inalienable.

During the first five years of occupation, the colonist is exempt from all dues, but at the close of this period taxation is levied and may be paid either in cash or kind. Failure to pay these dues renders the occupier liable to eviction without any compensation for improvements.