The Casement Report 45
Be this how it may, it is to be observed that nowhere in the territory
which is the scene of the operations of the A.B.I.R. Company did the
Consul discover any evidence of acts of cruelty for which the commercial
agents might have been considered responsible. The coincidence is
remarkable, since it so happens that the A.B.I.R. Company is a
concessionary Company, and that it is the system of concessions to which
are constantly attributed the most disastrous consequences for the
natives.
What it is important to discover from the immense number of questions
touched on by the Consul, and the multiplicity of minor facts which he
has collected, is whether the sort of picture he has drawn of the
wretched existence led by the natives corresponds to the actual state of
affairs. We will take, for instance, the district of the Lulanga and the
Lopori, as the head-stations of the missions of the “Congo Balolo
Mission” have been established there for years past. These missionaries
are established in the most distant places in the interior, at Lulonga,
Bonginda, Ikau, Bongandanga, and Baringa, all of which are situated in
the scene of operations of the La Lulonga and A.B.I.R. Companies. They
are in constant communication with the native populations, and a special
monthly review, called “Regions Beyond,” regularly publishes their
letters, notes, and reports. An examination of a set of these
publications reveals no trace, at any time previous to April 1903--by
that date, it is true, Mr. Herbert Samuel’s motion had been brought
before Parliament--of anything either to point out or to reveal that the
general situation of the native populations was such as ought to be
denounced to the civilized world. The missionaries congratulate
themselves on the active sympathy shown them by the various official and
commercial agents,[115] on the progress of their work of
evangelization,[116] on the facilities afforded them by the construction
of roads,[117] on the manner in which the natives are becoming
civilized, “owing to the mere presence of white men in their midst, both
missionaries and traders,”[118] on the disappearance of slavery,[119] on
the density of the population,[120] on the growing number of their
pupils, “especially since the State has issued orders for all children
within reach to attend the mission schools,”[121] on the gradual
disappearance of the primitive customs of the natives,[122] and lastly,
on the contrast between the present and the past.[123] Will it be
admitted that these Christian English missionaries, who, during their
journeys, visited the various factories, and witnessed markets of rubber
being held, would, by keeping silence, make themselves the accomplices
of an inhuman or wrongful system of government? Among the conclusions of
one of the Annual Reports of the Congo Balolo Mission is to be found the
following: “On the whole, the retrospect is encouraging. If there has
been no great advance, there has been no heavy falling off, and no
definite opposition to the work.... There has been much famine and
sickness among the natives, especially at Bonginda.... Apart from this,
there has been no serious hindrance to progress....”[124] And speaking
incidentally of the beneficial effect produced by work on the social
condition of the natives, a missionary writes: “The greatest obstacle to
conversion is polygamy. Many evils have been put down, _e.g._, idleness,
thanks to the State having compelled the men to work; and fighting,
through their not having time enough to fight.”[125] These opinions of
missionaries appear to us to be more precise than those expressed in a
Report on every page of which it may be said one finds such __EXPRESSION__s
as: “I was told,” “it was said,” “I was informed,” “I was assured,”
“they said,” “it was alleged,” “I had no means of verifying,” “it was
impossible for me to verify,” “I have no means of ascertaining,” &c.
Within a space of ten lines, indeed, occur four times the __EXPRESSION__s,
“appears,” “would seem,” “would seem,” “do not seem.”[126]
The Consul does not appear to have realized that native taxes in the
Congo are levied in the shape of labour, and that this form of tax is
justified as much by the moral effect which it produces, as by the
impossibility of taxing the native in any other way, seeing that, as the
Consul admits, the native has no money. It is to this consideration that
is due the fact, to give another example, that out of 56,700 huts which
are taxed in North-Eastern Rhodesia 19,653 pay that tax “in labour,”
while 4,938 pay it “in produce.”[127] Whether such labour is furnished
direct to the State or to some private undertaking, and whether it is
given in aid of this or that work as local necessities may dictate, one
ground of justification is always to be found in what the Memorandum of
the 11th February last recognizes is the “necessity of the natives being
induced to work.” The Consul shows much anxiety as to how this forced
labour should be described; he is surprised that if it be a tax it is
sometimes paid and recovered by commercial agents. Strictly speaking, of
course, it cannot be denied that the idea of remunerating a person for
paying his taxes is contrary to ordinary notions of finance; but the
difficulty disappears if it is considered that the object in view has
been to get the natives to acquire the habit of labour, from which they
have always shown a great aversion. And if this notion of work can more
easily be inculcated on the natives under the form of commercial
transactions between them and private persons, is it necessary to
condemn such a mode of procedure, especially in those parts where the
organization of the Administration is not yet complete? But it is
essential that in the relations of this nature which they have with the
natives, commercial agents, no less than those of the State, should be
kind and humane. In so far as it bears on this point the Consul’s Report
will receive the most careful consideration, and if the result of
investigation be to show that there are real abuses and that reforms are
called for, the heads of the Administration will act as the
circumstances may require.
But no one has ever imagined that the fiscal system in the Congo
attained perfection at once, especially in regard to such matters as the
assessment of taxes and the means for recovering them. The system of
“Chieftaincies,” which is recommended by the fact that it enables the
authorities and the native to communicate through the latter’s natural
Chief, was based on an idea carried into practice elsewhere:--
“The more important Chiefs who helped the Administration have been
paid a certain percentage of the taxes collected in their
districts, and I think that if this policy is adhered to each year,
the results will continue to be satisfactory and will encourage the
Chiefs to work in harmony with the Administration.”[128]
The Decree on the subject of these Chieftaincies[129] laid down the
principle of a tax, and its levy in accordance with “a table of
contributions to be made every year by each village in produce, forced
labour, labourers, or soldiers.” The application of this Decree has been
provided for by deeds of investiture, tables of statistics, and
particulars of contributions, forms of which will be found in Annex IV.
In spite of what is stated in the Report, this Decree has been carried
out so far as has been found compatible with the social condition of the
various tribes; numerous deeds of investiture have been drawn up, and
efforts have been made to draw up an equitable assessment of the
contributions. The Consul might have found this out at the
Commissioners’ offices, especially in the Stanley Pool and Equator
districts, which he passed through; but he neglected as a rule all
official sources of information. No doubt the application of the Decree
was at first necessarily limited, and it is possible that the result has
been that for a certain time only such villages as were within a short
distance from stations have been required to pay taxes; but this state
of things has little by little altered for the better in proportion as
the more distant regions have become included in the areas of influence
of the Government posts, the number of villages subject to taxation has
gradually increased, and it has been found possible to levy taxes on a
greater number of persons. The Government aim at making progress in this
direction continuous, that is to say, that taxation should be more
equitably distributed, and should as much as possible be personal; it
was with this object that the Decree of the 18th November, 1903,
provided for drawing up “lists of native contributions” in such a way
that the obligations of every native should be strictly defined.
“Article 28 of this Decree lays down that within the limits of
Article 2 of the present regulations (that is to say, within the
limit of forty hours’ work per month per native) the District
Commissioners shall draw up annual lists of the taxes to be paid,
in land or duration of labour, by each of the natives resident in
the territories of their respective districts. And Article 55
punishes ‘whoever, being charged with the levy of taxes, shall have
required of the natives, whether in kind or labour, contributions
which shall exceed in value those prescribed in the tables of
taxes.’”
It in matter of common notoriety that the collection of taxes is
occasionally met by opposition, and even refusal to pay. The proofs of
this, which are to be found in the Report of the Consul for the Congo,
are borne out by what has happened, for instance, in Rhodesia:--
“The Ba-Unga (Awemba district), inhabitants of the swamps in the
Zambezi delta, gave some trouble on being summoned to pay
taxes.”[130]
“Although in many cases whole villages retired into the swamps on
being called upon for the hut-tax, the general result was
satisfactory for the first year (Luapula district).”[131]
“Milala’s people have succeeded in evading taxes.”[132]
“A few natives bordering on the Portuguese territory, who, owing to
the great distance they reside from the Native Commissioners’
Stations, are not under the direct supervision of the Native
Commissioners, have so far evaded paying hut tax, and refused to
submit themselves to the authority of the Government. The rebel
Chief, Mapondera, has upon three occasions successfully eluded
punitive expeditions sent against him. Captain Gilson, of the
British South Africa Police, was successful in coming upon him and
a large following of natives, and inflicting heavy losses upon
them. His kraal and all his crops were destroyed. He is now
reported to be in Portuguese territory. Siji M’Kota, another
powerful Chief, living in the northern parts of the M’toko
district, bordering on Portuguese territory, has also been
successful in evading the payment of hut tax, and generally
pursuing the adoption of an attitude which is not acceptable to the
Government. I am pleased to report that a patrol is at present on
its way to these parts to deal with this Chief, and to endeavour to
obtain his submission. It will be noted that the above remarks
relate solely to those natives who reside along the borders of our
territories, and whose defiant attitude is materially assisted by
reason of this proximity to the Portuguese border, across which
they are well able to proceed whenever they consider that any
meeting or contact with the Native Commissioner will interfere in
any way with their indolent and lazy life. They possess no movable
property which might be attached with a view of the recovery of hut
tax unpaid for many years, and travel backwards and forwards with
considerable freedom, always placing themselves totally beyond the
reach of the Native Commissioner.”[133]
The above is an instance of those “punitive expeditions” to which the
authorities are occasionally obliged to resort, as also of the native
custom, which is not peculiar to the natives of the Congo, of moving
into a neighbouring territory when they are seeking to evade the
operation of the law. Whether in the process of collecting native taxes
there have been cases in the Congo, amongst those mentioned by the
Consul, in which the limits of a just and reasonable severity have been
overstepped is a question of fact which investigation on the spot can
alone ascertain, and instructions to this effect will be given to the
authorities at Boma.
We are also unable to accept, on the information at present before us,
the conclusions of the Report in regard to the conduct of the forest
guards in the employ of the A.B.I.R. and La Lulonga Companies. These
subordinate officers are represented by the Consul as being exclusively
employed in “compelling by force the collection of india-rubber or the
supplies which each factory needed.”[134] It is true that another
explanation has been given--though not, indeed, by a native--according
to which the business of these same forest guards is to see that the
india-rubber is harvested after a reasonable fashion, and especially to
prevent the natives from cutting the plants.[135] It is, indeed, well
known that the law has made rigorous provision for preserving the rubber
zones, has regulated the manner in which they are to be worked, and has
made planting and replanting obligatory, with a view to avoiding the
complete exhaustion of the rubber plant which has occurred, for
instance, in North-eastern and Western Rhodesia.[136] A heavy
responsibility in this direction lies on the Companies and private
persons engaged in developing the country, and it is obvious that they
are bound to exercise the most careful superintendence over the way in
which the harvest is collected. The object for which these forest guards
are employed, therefore, may well be quite different from that alleged by the Consul;