Document Symbol:
T/217/Add.1
Best copy available
...... 414 #' ••• 44,_ ,.$.4,' =4 .. 44 WW\; • $ • ." s P i$' a a_Q T/217/Add.1. TRUSTEESHIP CONSEIL 31 Ootobe~ 1948 ENGLISli I COUNCIL DE TUTELLE ORIGINAL: FRENaR
_------.... '...__••__* _, ,_....",,.,... li_ ,
VISITING MISSION• TO THE THUST TERBITORY OF BtTANDA-URtmDI UI\JDER BELGIAN ADMINISTB,ATION
REPOBT .. ANNEI IV: PETITIONS
The Vis1ting Miesion received twelve petitions relat1ns to . . Buanda-Urundi. In reapect of each ,of them, the folJ.oT.d,ng will be found
below~ (a) the text of -Che petition. (b) . the written observations (5f an~') of the local admin1.stration (e) ,the observations of. the Visiting Miseio~.
1:,.. "P!ltition .t:r0~ pap,ji Jamal Kal1~, dated 21 July 1948 •• ( a) Text oí' the peti'tion 3 (b) Observations of the local ~1stre.tion 8 (e) Qbservations oí the V1siting M:tse1on 9 2" Fatition oí Mulla Atta Muhammed, dated 21 July 1948 E 4..... • •• (a) Text oí the petition 10 (b) Observations of the lccC',l adm1nistl"atiol1 12 (o) Observations oí the Visiting Misa10n 14 3" Petition,.2f ;Ahme~•.Iw~' dated 22 July 1948 (a) Text oí the petition 16 (b) Observations .of the local adm:L.listration 22 (e) Observations úf the Vis1ting Misaion 26 4. Pet1tion ~f Moladad Pirandita, datad 24 July 1948 ...... •_ 7 ..... I P 1 (a) Text oí the petition (b) Observetiona of the local adminlstration (e) Observations of the Visiting Misaion 5. :?eti~~on oí, l\~b_~t.~a..z, I4.wa.'ni of Urun~i, dated 25 July 1948 (a) Text of the petition 36 (b) Observations of the local Belgian admlnis.t. tion 42 of Ruanda...Urun,di Observ6tions of the local British administration "'''~'''''"'''''''''~''''''''''''_'_'''''''''''_:_''.'''_''''''''''''lf''·.~~' ~' ,~'l.t~., ~"",.'.• fh.3.'/. ',f~ 'r,Jo:w:#ran~al1yika'r\. H ti
AJ.'lOl1Yl1l0US /6. r _ 1" li4 ... ~ _.~.. 2:':'
Anonymous Peti'bion" not dl:3t¿~d. rec3ived on 25 July 1948 ...... " " (a) Text or the petition •••••••••• ~ ...... 46 (b) Observations oí the lucnl administration • _ • • .. . '47 (e) Observations oí the VL:li ting Miss10n • • • •••• .' 50 Anonymous Petition, dated 31 Ju1y 1948 ~ \
( a), Text of the petit:ton . .. . •• , • lO • • • .. ¡, • • 52 (b) Observations oí' the lccal administration • • • • • • ;6 (e) '. Observations oí th'3 Vielting Mission • ,. •••• • ~ 56 Petition oí GassamunyiGa !'.í'ltthieh, not dated, 8.. r _. • ... t .,.. _...... ti' received on ~ August 1~!18
(a) Text of the petiticn .. ,.. . •••••••• .. o • 58 (b) Obseryations oí thE. J.?8a~. aclministration •• .. •• .. 61
(e) Observations oí the iT=~.sit.ing Mission II .. o .. .. •• 61 Petition of Francia ~uk3ba. datod 3 August 1948 9. _ 9 -~~
(a) Text ci the ~etit¡0n . , ..•.•. II .. 62
(b) Observations of -the ·-:.ocal administration • .. ••• I 65
(o) Observations oí the 7~(:dting Mission •• I ..... o 71-. - 10. Petition of Mussa K. Bin lü.ülmbCl.. dated 6 August 1948 ., .. =- -. --.-.- ...- - ...... -
(a) 'Text oí the petition . ~ • . lit' I•••I• ... 73 (b) Observations oí the looftl o.O'lllinistration . • • .. ., 75 (o) Observations of the ViDiting Mission • • •••• •• 75 11. Petition oí the Tan~any!!~~~8;huy:~ Union, dated 6 August 1948
. (a) 'I1ext of the petitiO:L1 . ~ , •.•••• I•••• ... 76 (b) Observations by the Belgian tocal Authoritiea
in Ruanda-Urundi .. • " • . .• .. " . .. 79 • • • . • • .,.• " • Observations by the B~itioh Local Authorities angf.. in T myika Torri.Jeory .. • • • • • • • I I • • • 79 . : - (e) Obaervationo of the Visiting Mis.sion • • • • • • • • 79 12 .. 'Petit:Í.on of Clement Htiiampaqa dated 18 August 1948 -.....0...... - -.. ~ ......
(a) Text of the petition I l' I 80 • • • • • • • • • • • " • .! (1) Ob servations by the ~.oca2. adl11inistration 82 • • • • / • • • (e) Observations .of the Vis:.'cing Mission • • • fi • • • • 82
, .
dd /1. . Petitio~ T/217/Add.l Page 3
1. Pe,]it1on ~rom :N:~j~ Jamo.l K't'11a., do.ted 21 July 1948 .... reoeived at Usumbura on 22 July 1948. (s,) ~..:x;ta of the y~)::i'tton Pot:tit~n~an COpy NANJI JAMAL R'ALIA B.P. NO. 77 USUMBURA Uoumbura 210t July 1948 To Tho Hon. General Secmta,ry, Deputation United Nationo, Organiontion of' Soourity Counoil for Mandate TOxT1torieo USUMBURl\. MAY IT PIEASES YOtffi RONOUE, I bog most humbly and res.poctfully, to welcomo Your Honour and other Honourable Membero of' the Commiooion, to 'this MandAte territory and pray tha.t you will be good enough as to consider my this humble application" ,.,.hich states as folloWs: As we have no reliable rep:rooonto.tivo here who oan approach you 'With our grievancos, I bog, now, to approa.ch Your Honour myoel:f', and hope that Your Honour will T!e17/Ad.d.l page 4 as I was told that tho time for apPQal has already barred. That on lD1 raIos-so from. the prisoc, I was s'~rved w~ th a not.ice, to leave Ruanda Urundi w1 thin 60 d.a~l s • I beg, also" to state thatl, it is now 2 yea.rs I am in this trouble" and d.uring which timo I lost my bUf:liiness and I am ruined altogether. I beg, also, to stato that caS0S liko th0SG have also happend, with.other Asiatics here" w'ho aro also ruined and left to the mercy of charity. That, I, also, roquest Your Honour, to go through Case No. 4089 which I filed in Court here, to gut the order of the deportation a.nnulled, but unfortuna.tely· ,my application was dismissed, and I was ordered to leave this c'ountry, within 30 days, and now I am forced, to leave Ruanda Urundi and Congo Belgo. That" Your Honour must 1)0 well aware of the neighbouring countries of this Ruanda Urundi, such as Ugunda, Kenya, and Tanganyika Territories, where thousands Oi' Asiatics commit criminal offences, but are not deported; on minor ofi'~ncJs., and always expect mercy for the first offence. Only old offenders" and J:til birds are being deported, but my offence, here ls the first ono, and it is net such soriou.s that, I should be deported within 30 days. I beg to enclose herewith coples of telegrams, sent to United Nations, Brussols, India, and Pakistan for your kind perueal. I beg also to ref3J:' you, to go through the above case, copies of Which you can obtain from Judicial Depar'tmGnt here, and I request Your Honour that you, and the other members of the commission, will do thoir utmost to help us J as this law of deportation is only fOil Asiatics .. who have already been deported on simple matters. All Asiatics here are eagerly awaiting that your Honour will take such action as to get this Law wnend,ed. It is a hard thing for a person like ~self, who has lived 1n this country for mor~; than 29 years to be ,deported to a place wher.e I know nobo~y and to re-start my menns of' living. As I am an old resident of Ruanda-Urttndi, I beG GO state that I am entitled to citizenship right of here, and also being tha first orfance, I must expect a mercy from the Government, and I hope that Your Honcur and the honourable members of the Commission will takG necessary steps from saving me from farther ruin for Which act of kindnoss, I shall bo ever grateful. I 'beg to remain, Your Honour, Your most obedient and humble servant (signed) Nanji Jamal Kalla !TELlJX}RAM '1'/217/Add.1 Page 5 on my da Urundi ~ted, 6/7/48 1. GENERAL SECRET.\RY ouble, and UNITED NArfIONS ORGANIZATION I beg, 2. REPRESENTATIVE Asiatics GOVERNMENJ:1 OF INDIA 3. REPRESENTATl;TE PAKISTAN GOVERNMENT onulled, LAKE SUCCESS, NEW YORK to leave Urundi UNDERSIGNED RESIDENT OF INDIA PRESENT RESIDIl\U AT USUMBURA RUANDA URUNDI MANDATE UNDER BELGIUM ADMINISTRATION FOR TWENl'YNINE YEARS POSSI~sSIm ~ries of PROPERTIES STOP DUE TO COMMERCIAL FAULT AUTHORITY HERE IMPRISONH.:D AND lea, FINED STOP N01~ DEPORTING ME AND MY FAMILY WiTHIN THIRTY DAYS STOP MANY Leported, DEPORTED ON SIMIT.AR GROUNDS AND STILL CONTINUES STOP PLEASE DO NEEDFUL Only TO PRESERVE B.lJMAN RIGHTS IN MAlITDATE STOP COPIES REPRESEIf,rATlVES HINDUSTAnT lere is AND PAKISTAN GOV-.!£+RJ.'IJIvlli1lTT STOP KINDLY IillRANGE DEFRAY PROPOSED AOTION ~d within DEPORTATION PENDING YOUR DECISION STOP GRATEFUL R]}PLY Wl'RE CARE P. O. BOX 641 KAMPALA • .. lof do thoir TELEnRAM who Dated 10/6/48 re FOREIGN MINIS1'ER PAKISTAN his Law ltARACHI ad in UNDERSIGNED RESIDENT OF JUNAGADH STATE PRESENT RESIDING AT USt1MBURA BUANDA I know URUNDI MANDATE UNDER BElGIUM ADMINIS'IRATION FOR ~ENTYNINE. YEARS STOP t of DUE TO COMMERCIAL FAULT AUTHORITY HERE DEPORTING ME 'lWENTYFOUBTH JUNE BT:))? nt of MANY DEPORTED ON SIMII.aAR GROUNDS AND STILL CONTINUES STOP PLEASE ARRANGE the HELP TAKE STEPS STOP BRITISH CONSULt'\.TE REFUSED INTERVENE. :>f the NANJI JAMAL KALLA· In for IT.ELJ!nRAM . ' . ';" " . ,./.... '. .'.:." . " ," '" ~ . f!2/217 !Add.l :Page 6 TE:s.EGRAM Dated 10/6/48 1. A. TAIBJI GOVERNMENT OF INDIAN UNION BRUSSELS 2. COLONIAL .MINI.JTER BRUSSELS 'UNDERSIGNED RESIDENT OF JUNAGADH STAr.r]~ PRESENT RESIDING AT USUMBURA RUAND/t UBUNDI MANDATE UNDER BELGIUM i\PMI~~ISTRATI01~ FOR 'lWENTYNINE YEARS STOP DUE TO COMMERCIAL FAULTS AUTHORITY HERE DEPORTING ME 'lWEN'rYFOURTH JUNE STOP MANY DEPORTED ON SIMILAR GR,JONDS AND STILL CONTINUES STOP PLEASE ARRANGE HELP TAKE STEPS. NANJI JAMAL' KALLA TEJ,EGRAM Dated 10/6/48 FOREIGN MINISTE~ HINDUSTAN NEW DELHI UNDERSIGNED RESIDENT OF JUNAGADH S'l'A'rE PRESENT RESIDING AT USUMBURA RUAl'T.1"'A URUNDI MANDATE UNDER BELGIUM ADMINISTRATION FOR 'IWENTYNINE YEARS STOP .' DUE TO CO~1MJlRCIAL FAULT AUTHORI1rY HERE DEPORTING ME TWENTYFOURTH JUNE STOP MANY DEPOR'rED ON 3IMIL!\.R GROUNDS AND STILL CONTINUES STOP PLEASE ARRANGE HELP TAKE STJi,""'P S. .,. NANJI" JAMAL KALLA ORAL STNIIID.1ENT MA.DE BY NANJI JAMAL KALLA TO MEMBERS OF THE UNITED NATIONS VISITING MISSION TO EAST AFRICA ON 23 JULy 1948 AT T1IE HOTEL PAGtrIDAS) USUMBTlRA, RUl\NDA-URUNDI AT 8.50 P.M. Present: Members: Mr. Laurentlo (Chairman) Mr. Chinnery Mr. Lin Mousheng Mr. VToodbridge Secrotariat: Mr. Rapoporc Mi ss Br0'-7n-Harrop Potit1oner: NANtTI JAMAL KALLA Interpreter: Thomas do Kunha (aided by Mr. Rapoport). /Mr:. LAURENTIE .. _[_Ut.JUllIltIMlII._1 tLJJIlIUIIJII_IIUIIJ1lIJIIIU .! .. • .' Hr. IAttRENTIE asked the pet!tioner whother he wished to make an oral ~ 10/6/48 statement regarding hiepet1t1on. NANJI JAMAL KAJIA replied tha.t this was correct. Re oxplained that ha had been in the Territory twenty-nine years in Ki Sal1 where he owned ~roperty consisting of El. house and business. However; now, the Government ~ wished to deport him and had given him very 11ttle t1me to leave the .. Territory. Mr. WOODBRJ:OO.E asked the petit:ioner what e'xactly was tho et commerc1e.l USUMBURA RUANDfi, mistake" he had made and,to which he referred in his petition. YEARS STOP NANJI JAMAL KALIA explained that he ~ad sold a lorry to a certain ~~ fii'OURTH JUNE STOP for 75,000 francs 0 ,The man he:d paid 70, 000' francs leaving a balanoo of I , ~LEASE ARRANGE 5,000 francs. La'~erthe. man had requested. ~ loan of 25;000 fr~cs. The pet!tioner had then made out a draft which stat~d th~t th,ia person owed him 25,000 fl'tmca 'which was denied and the matter taken 1nt,o co~t, whereupon the petitione,r was convicted and ~priaonede )11", WOODBBIIXlE asked why if as stated in the petition, he had been convicted two years aso and than served notice to leave the' Territory 10/6/48 . within sixty days, he had not already done so, ;JAlfJI JAMAL KALIA answered that he. had made an appeal on the grounds ,~ that the Territory was a mandate. USUMBURA RUANfll\ Mr. WQODBBIL'GE asked 'Whe~hor tho appeal was made to Brussels or YEARS STOP locally and what the sentenoe was. rOURTH Jt1NE STOP NANJI JAMAL KALLA replied that the appeal had been made locally and ?LEASE ARRANGE that the sentence wae six months but had served only ,three and a halt'm.onths. LA.u~TIE, Mr. in answer to a question by Mr$ LiIlI said the a.ppeal would be made to the Court of Appeal and during that time the expulsion order would be suspended, Mr, CBIImEBY asked if the petitioner had a written order of deportation. THE NANJI JAMAL KALIk repliea that this was the case and. that it was L948 AT issued by the Governor of Ruanda-Urundi. Mr. LIN MOUSBENG asked wheth0r a deportation order was issued by the Court or by the administration. Mr, BAPOPORT informed Mr. Lin that it was P,t" A.drnin1I='tr.A,tive matter. The oral presentation ended at 9.30 p.m. / (b) Obsel~at1ons ITIE :t:, (b) .Q.llservat.ions by the ,Local ~dmin1stratio.n Territory of Buanda-Urundi Usumbura.. 9 Ausust 1948 NOIl 5371/Cont.OW Mr; Chaiman, I have the honour to transmit to you the annexed observations \ whioh I have to make rogarding the petition submitted by Mr, NanJi Jamal. I have ~he honour'to be" etc. (Signed) M. ~imon Governor To the Chainnan of the ViaitingMission of the Trusteeship Council UB~ura "Some representative of Indian and Pakistanis community may visit you, :but they do not care to lay our grievancos before you". Observat1c:,', ~ The reason for this abstontion is that the pet!tioner is known to be an old offender. "Tha.t according to cOlml16rcieJ. mistakes., •••any offence" Observation: This "commercia.l miatako" consi~ted in altering e. draft for 5,000 to turn it into one for 25,000, The petitioner's pr~vious troubles with the legal authorities are stated in the, report submitted earlier to the Secretary of the Mission. "That1n the abQv~ matt~r~. o. ,Within sixty days." Observations; NanJi JemaJ. is sufficiently well aware of the procedure • to know when the appeal shouldb~ lodged w Moreover, he was defended "" by a European le;wyer (Maitre Marcel F~e1el) • Soe the dossier handed to the Mission. , , "I beg also lJ ••••charity" • .Qbservatlons: This sh~w6 how m.uch care was taken by the administration , ' to, enable the petitioner to present his defence, since he is still at full liberty in the Territory so long after'hav1Og been asked to clear out. "That I alao•••.•perusal ," Observation: Thief does not concern the administration of Buanda.'""Urundi. - ItI beg also to refer your•••••grateful." Observa.tion: Though the populations qf Asians arid Europoans are more or --,- - , less eq'ual in size, the expu1s1o~s of Europeons are. more numerous than those of ~sians, but Europeans who are expelled leave more discreetly. The existing legislation does not provide for foralsnors becoming "citizens of Ruondo,"Urundi". /For further •'~"_""' IJilIll'iIiIIIIBIiIIIilII~"'UliII~~{------·-·_·_-'''''''----··----'''''''''''..-....., .. 'krtW'·'r;'.ffl' - itlJJl1M'f~I-ji&i"'''i.*¥" fib""" 'St,--· r' rbrrtb'ur-"§'¥ .• '5 .. T/217/..Add.l Page ;1 . For further information, reference should be made to the dossier handed to thE:> Secrotary of the Mission. 9 Ausust 1948 Usumbura, 4 August 1948 • (Signed) M. Simon ions Governor . b.l~ t1nB.!1is~ion anJ1 Jamal. (c) Obsorvations the Visi NANJI JAMAL KALLA hus incurred throe convictions) one in 1940, for failing to display prices, another in February 1943, for assault and ,< • I causing bodily har.m, the third in March 1947, for forgery and uttering n forgery. Anyone of the last two offencos WD,S sufficient to bring o.bout; his expulsion which was not order~d until his third conviction, in August 1947. Since then Nanji Jamol has been trying by legal action or through the Indian Government to have this order of expulsion sot aside .. ';).y v1ait you, Apart from that his case was submitted to the Colonial Minister for decision in July 1948. Loner is The Mission can only observ~ that in applyi~ the law governing expulsions, tho Belgian authorities havo shown grout patience. Those p.uthorities aJ.one con declde whether the petitioner should be pOrm'1ti.. ~d. ), draft for to continue to reside in the Territory of BUDJldo.-Urundi. )us troUbles The potition submitted by NariJi Jamal also deals with d1scr~tion ~eJ:'11er to the alleged to be practised with regard to AsiQns. This question is dealt with by the Mission in its general observations in Chapter Ill, par~,graph 8, of its report. 'ocedure ~fended handed to , . stration ill at o clear out. a"'Urundi. s more or llS than reetly. )coming further /2. Pet!tion ___ __...... -.l~ _,._ ". T/217!Add.l Page 10 2. P9~i~~on .fr~ Mul1~ Atta MJ!b~!i, .dated 21 July 1948 .... reoeived at Uaumbura on ~2 July 1948. (a) Text of the written E,ttt1o,n (Thia text was tranamitted to members ot the Truateesh1p Couno11 in document T/PET 3 datad 6 Auguat 1948) P.O. BOX 222 , USUMBURA, 21st July, 1948 Trusteeship Council % V1a1ting Miss10n to Eaat Arrics Uaumbura I wiah to submit to yon the follow1ng ter yonr k1nd sympathet10 oonsideration. I When I heard. of your arrival hare a man of my capacity waa too de1ighte bacausa my lire .in thia country has alread.y pasead eixteen yeare and during this period I waa Forced- to be deportad in the month of February thia year, which la a very pitiful for man ~ho 1e a res1dent for thie place for the laat sixteen yeara. I haya many cortif1c~ted to var1fy my 1dent1ty in .. th1a plaoe. .' , I a:m very aorry to aubmit to'the fQilow:tng and also very pleaaed'to see you hera becauae you are the right....:persona to So :Por a help whioh I " have not raceived deapite my writ1ng~o different prominent persona. . .' 1 do not like to wasta your t~e in thls ~tter but I would like ba te11 you that if you vil1 give me an it~.t'erView t9 explain to you all pereonally. There 1a alBo many diffioult& in any' new immigrant though may be it .. " new marr1ed wif'e. There ia no:any suoh leader tor suoh to aubmit any compla to the 100&.1 goveI'nment even a~~h thinga as buying plantations, demanding plota in Europeana quarters... a'sking any allocation for a.n auction mart, moreover anything for an:l·AS$~tio to do any business concern1ng Europeana. . , Regarding 1iquoi;'"'WEI get' trouble even to buy even Eau de Co1ogne for ~ .' the medie111e f<1f our child~~n. I~''''' Such are many exampleé which are exiating in th1s place. I hopa you the trusted people will redeam ua of these all troubles. I beg to rema in, Youra very fa1thfully, (SigIlad) MULLA ATTA MUHAMMAD, c.c. Sunni Muslim Association. /The Adm1nistrateur TRANSLATION The Administrateur Territoire USUMBURA Dear Sir, I herewith submit to you the following fe,.r lines. I ha.ve bean aaked to leave this country by a process verbal which the commissioner of police asked me to sign, which I find. that I am without any fault. I am here for the last sixteen years without any fault either of the Government or any other person. I have helped the government and I have the certificate for the same . • These all I have already written to the Government but I find th~t t~ere is no response or there is nothing to investigate my case. They also thought that I was not a human being but a brute. For example yesterday I went to office of Mr. Lamy, the judge, who caught my hand and told me to leave his office; I ~lways think that the government is the parent of her subjects, and any of his subject has any complain it should hear. Till this day there is no one who wants to help ma, therefore, I find you as my father to help me in this matter, a man of sixteen years in this country. I am an old man ~ow and I ha,re already spent almost all my youth in this place and going to other place w1ll mean a new start for my life, which is not possible for an old man of my age. When people heard of my deportation from this country they started sendihg attachment because they think I shall run away with their money, hence now my all credit is gone and I have no other means to feed myself and my family which consists of my wife and a child. My shop is closed and therefore I beg to you to help to remain here and make my business, I have already obtain the British passport from the British Consul from Leopoldville and the government asked me to keep the deposit of Frs·, 15,,000,'" which I am ready to pay. I pray to you to give time to pay the others debt and to claim mine at the sa.me. If this all ie not ac:"'o:P'~ed I ask the Government to give me, my wife a.nd.' . my child passage full till Rawal Pindi Pakistan which should.be of second ~lass. This because the government is forc:Ing me to leave this place ,I . shall also like to obtain my all judgment papers. \ Thanking you in advance, Yours fetthful1y, (Signed) c .c . Mul1a Atta Muhammad Governor of Ruanda-Urundi The Minister of Pakistan Usumbura Governor Genera.l Belgian Congo lA. TAIBJI .111& 11.'1 BIIKI_. j . U.•UIUIUlln.tuUI••I.ltJ I WJI••••••amlllJ 1111.tJfl1.1R alII m.UIUIIl••III:' T!217!h.dq:.l Page 12 copms OF TELEGRAMS A. TAIBJI CHABGE ..DE -AFFAIBS INDIA GOVEBWYIENr BRUSSELS Ruanda ...Urundi Government Deporting Me Forctbly Withaut Mistakes Letter Air Pastad Yóur Pleaee Wire Them Detain Until Get Judgment. Mulla Atta Muhemmad Mulla Atta Muhammad .. Usumbura Sinee You Claim Pakiatan Nationality Beferring Caee Britiah Embassy. Indembassy (b) Observations by'-the .local administration. Territory 6f Ruanda-Urundl Usumbura, 9 August 1948 No. 5370/Cont.o~m Mr. Chairman, 1 haya the¡ h/,:;.;)ur to transmlt to you the annexad observations which I haya to ll1:.'lke regarding the }?etition s'\.l.bmi'bted by MI'. Mulla Atta Muhannn.ad. I haya tha honour to be, etc. (Signad) M. SIMON, Governor. To the Chairman of the Visiting Miesion , of che Trustoeship CouneiJ., Usumbura. \ I w:i.sh. •. personally ... Observat1ons: Sea the dossier handed to the Secretary of the Mission. ~n"~llaIN"'VIII.""""'_ "There 18 aleo ma.ny diff1c'l.".lty, .. Europeans" , 2E.~!-rr'~~l2,BE.: "p~tirB. :e..1E~i8~.ion~t1 no distinction existe in this sphere between :Europeans and Asians, and if the majority of the plantare are Europea.na ~ th:Ls :te 1')8cO,use Asiatics prefer commercial pUI'suits which correspondo more ·to 1~,heir tastes and their abilities . O'bv:lonsl;f the restrictions resulting from the great density of the black :p(jpl.1J,q.1.~.ton apply as much to the Asians as to the Europeans. Severa1 Asians paseasa, 01" have possessed, plantations which as a rule, as ir the case of the Europeans, they hold on long lease. They include the f t.·,-~ ..'"L~r"wi'l'1O'~~. /Nemes.. -of T/217!Add.l Page 13 No. 01' jA:}ation oi ~l~ldi;ng Ar~a Contraot Observationta Names 01' Benefioiaries lfIi ...... , - ...... " .. - l. Ali Sonji Iihl"longwe la.da ;68 OJ?61 Thia holding has been abandonad Karmal:t Ji'Wen Maleka 50Ra BID·50 2. i BE~23 3. Kotharl Pitamber Riv. Mugel"e :.OFIa .-~ 4. ' Jamal Dend lake Nyan~a ,";.:)70, BE.38 ,. Salimba Binti Ardalhah Mrs. !:ayenzi ~2H9. 36 25 :BE. 34 I 6. Kara RaBean (heira) :::: umonf.~e :1.07:8. L.3606 7. Vrajdas Makanji and Suleman Isaac Oakoma . 36-:':Ic BE. 'tO Baye relinquished their righte to Feltz G. " 8. Ali RawJi Rumonge j• 21"\':1',,"J_~a ~·77 9. Juthald, Val,ji &Cie Rumonge 40C:.I~ B]~. 15 \ 10. A1i. bin Sultan bin Amer. L6.ke.. 1':ye.n7Li ~-'J:!a OP.180 ''.!t?mani!~!!8_l'l~.!.a ~n EUJ.:'..9,p~~E....9..uarters"~ '..3 expla1ned elsewhere. (report :prepared by tho f'ec:..e-c':lry of t,he N:j,8sion) the Europeans, Aaia.no and Africana inhabit seJ:parate CluartAr,-3 fot~ reasona arising from habit.s of ..life: aocia i. cO~:ldi ti')llS and hygiene, and coloured persona may, with the permips:ton o~' the territorial authoritiea, be authorised to reaide inaividual1y in tJ:6 European quartere. "Asking any alloc~!E~. ~or_I;,~.~~ct:i.on ro':'.!! ": I cannot think what 1a \ , meant. Public auctionl:J are eccessi.ble to l.:~ll, and Africana, Europeans and Aaians mingle freely UB purchaaera at publio sale'a.· "moreover anything for_any Asiatic to do any business concerni!lS European~": no racial distinotlon exists in thia ephere,' everY0D¡e being free to exerciEe the profet:loion of hl{J choice, subjeot naturally to the g',9.J."El,!lteer.l o~':' ~roficjenoy required for the eXerc.ife of pertain profef;~ione, s~eh as that of doctora, of whom we require certain cltp'J.or:~l,A, but al1 resid.entEi are on en equal footing whatever their colour or origino Regarding liguor... chil~ Obaervations:.- ~s e:...oi:plained else~.,here (rer¡Ol"t prepared by the S~oretary of ~he Misoion), Aai&1E' are su1)je'cted to oertain restrictiona as rege.rris the, pul'chaae a,nd coneumption of alcoholic l:J.quor. Nevertheleas Ordinanoe LawNc 395!Fin.-Dou. of 26 December 1942, I ' which dea,le witb th:tD matter, 6':',:<'6ss1y pl'oviitas that the prohibltion, l /0..0 es llot ·11 ¿~ (/Had. J.. Pa""6 11~ doea not apply: 1, When ~looho110 liquor is supplied agai~~wt a medi~al presoriptionJ 2. When alooholio liquor in fol" ritual pUl"pOeee¡ 3, When alcoholio liquol" i8 supplied to en Asian by a retailer holding a B, C. 01" D. licenoe on condition that such liquor ie oonsumad exclusively on the premises; 4. When the Governor-GeneraJ. 01" his delega.te in exceptional • ciroumstancea plaoee certa::'n ooloured pereoue on the sama footing as persons oí European race. I The reference to eau de oolagns is a joke; Asian business men themselves supp1y it to anyonG who wants it! As regards the letter ad.dl"essed t0 the territorial adm:1nistrator which ia reproduced in the AIll16X to this petition, thie letter deals on1y with the petitioner'e expu1eion fro~ the Territory of Ruanda-Uru~di Reference should therefore be meda to the uote dealing with this subject handed to the SecretE~:'Y of the 1'1iEl8ion. Usurob'.xl."a, 4 August 1948 (8Bd) M. Simon, Governor. (o) Observat1one by the Visiting Miasion - ....._.....-.- -- ~ --- . -"'- MUI.J:.A ATTA MUHAMMA.D was made i-he sub1ject of an expulaion order· dated November 1947 for a !.lumber of l"eas(.)~·J.S, the C"li_l:P (;f wh1ch were that he waa unable to produce a passport vle~ed by the Be1gian authorities, that the lattar do not know ho~"- he entered. the Territe ry, that he. cannot apeak any European language (a condit1on imposed by the cxisting 1egislation) that he 1s unable to pay the d.e:po~:üt of 1),000 fl"anCfl !'e~.uired of foreigners, snd lastly thut he has no meana of subeis'c,ence ando ie in danger of beooming a oharg6 on the Terr1tory. These resaane are clearly serious ones. ~evertheleas it would seem that the case of Mulla Atta Muhammad. r.light be re,·e:-o·;,mined in a lenient spirit by the Belgian authorittes. He has been a rea1dent of Runndp -Urundi fol" s1xteen yeal's, ma.rried en Afr1can in 1937, and 10 the father of a famil~r.. While he 11ved on a modeat scaIe, the trade of tailor which he exeroised ermbled him to provide for his own requirements and those of his family. He haR ~ever been in trouble with the law. The Mií:jsion wae neVAr able to undel"sta Jd. ~"'(,:\ctly the circumstancea in wh1ch, and the reseons why, the Adminj8trat~on'8 attention W8a drawn~ a1xteen yeare after his arr1va.l i11 the Ter1"1 tOJ.'Y, to 1118 irregular posit10n vis a via the immigration laws. I~ would ~oom that: t?ki:lg into aocount the fami.ly ~ta'"bue and the unexc6pt~.Ol1aJ. :)OD.l"l.ct 0f MulJ.~ Atta, this s1tuation could be /put right ~ T/217/Add.l ' Pase ~ . J.:>ut right by en act oí lenienoy on the :part of the Adm.1.nistration. Suoh lA measure would end the diffioult situation in whioh he now finde himself, obligad as he 1e to ask for legal perndeeion to take his ahild with him ta India, and unable to work and provide for his family oving to the ata1te af uncortainty in whioh ha livee. The petitlon submitted by Mulla Atta also refera to the diaorim1nat1an praotiaed in Ruanda-Urundl vith regard to Asiana. Th1s queatlon ia dealt vith by the Miaaion in ita general obeervationa in Chapter IIIt paragraph 8 of i te re:port. /3. Petit10n- 'J./ (;;:J. t/ ~U.11 •.L Page 10 Petition from Ahmed Ishnk, dated 22 July received ut 3. I' .... 1948 _. Usumburo. on 23 July 1948. (u) !~xt~ of ~~~t~~~~etition and of the oral statement. (These texts were transmitted to the members of the Trusteeship Council in document T/PET 3/3 dated 9 August 1948) l~IIMED ISH/Ue P~O. BOX NO. 222 USUHBURA. Usumburn, 22 July 1948 The Honourable Council, Departnent of Trusteeship, United Nctic.na, USUMBURf.'l. Your arri,val in this place has made all of us very happy and we 'Wish you aojourn, because you have come to here to listen to the difficulties of othcl' subjects of the nations for which I as a one am very much delighted. H~t to waste your time in reading my all complaints I wish to submit to you the copy of the letter ~~itten to the Foreign Minister of Pakistan ivhich viIl explain everything to you. Boreover, if you will give M opportunity to have an interview with you I shall be too grateful to show to you every document concerning my stay in ·this and tho whole" file of correspondence regarding my matter. I hope you will excuse me to give this trouble Hnd hope'"' that you will see into 1n;Y' matter and help me. Thanking you in advance and hoping to hear from you favourable. I beg to rema.in, Yours faithfully, (Signed) ARMED ISHA.K /AHMED ISAC CJ.'j217/Add.l Page 17 ;.Ij¡~D IS[~C GCIsnAL MERCHANr USU¡IBURA. RUI,.rTDA ...URUliJDI rro His Excellency The Foreign Minister, Pakistan 10\RACHI !Jl(.Y IT PLEl'..sE YOUR EXCELLENOY 1J.1he humble applico,tion oí ABMED ISItO, Muslim oí Usuroburo. beg most hwably mld respectfully to stete as follows, ThD.t I beg to brine; to your kind information that I em a Muslim Indien (Pc.kiston) residing in Ruanda-Urundi Congo BeIge for the last 20 yeara and doinG General busineas. That during the year 1938 the Belgium Government on auspician w1thout :.-".ny informc.tion arrested me on f:J. charge oí gold trouble end imprisoned m.e fax cbout 15 months without any evidence whatsoever, and during ro¡ imprisonment ~hoy seized all my property and sold it by public auction by which I had Guf~ered n great 10ss and business WBS ruined. I beg to also to rem1nd you tha.t almost a11 Indians of Ruande. ..Urunefi at that t\l.me were in prison, f'orthe , ¡: l' scme reason and at that '\'Te send a de1egation to India who aaw the Vice Roy'¡ at,;, \'.. thc.t time and other lndian Leaders. The de1egation who crume froro India was Mr. G.C. Isemil. That 211 my property was sold by auction during my absence and I waa conpúllcd to become insolvent hance I was in a position to position to pa¡ the penQlty ordered.by the Court. Thct at the tiwa when I and others were in tha prison nt Oostermanville the British Counsel visited to whom. we explained poor condition and he notad, dm·m the 10ss we suffered in the trouble o.nd 1ater when I was released Iwrot' to hi:m. asking to claim our loss from the Government (the copy oi' thelette:r 1s attacheo. hE!rewith for your k:i.nd perusal) I be~ also to anclose the repl:r received frorn him re[3ara.ing this othel" matters. .., :"I,'~_,'_:3~t Tho.t al1 rr;y business books wore seized by the Government a.nd up to no'W'«'" "chey o,re in their possession, I demanded their return but unfortune.telYI cou1cl not get thern back and therefore I C8111l0t give you the definite amount'i = 8ufferod, but l can estimate i t to tvTenty millions francs. 1l.t th~ t1rn.eof.~ , thia t'lisfortune I was doing a (jrent business in Ruhengeri Ruanda..Urund1,bl1t:.(' r)'dln[; to thia troub1e a11 thE; business had to be close~ and everyt,hing ~ loosseased T/217/Add.l Page 18 possessed was Bold by the Government. That you will kindly note from the copy of the lett~r to British Counc~l regarding my box body car which I sent to Uganda for repairs and it was delayed 'there owing to the scarcity of spare parts and later the Government filed a suit against me and confiscated from Uganda Garage showing the reason of its delay the copy of which I am sending you herewith for your kind peruse and in this matter I had to suffer a'lose of Frs. 100.000,-- I beg to draw also your attention to the particulars mentioned in tht:: copy of mv l~tter regarding the suit against me by certain Belgium Firm called Et.4:AF in which they obtained Judgment against me and my property was sold in my abaenc~ together with household articles such as beds cooking utensils which under lock. That you will note from the copy of the ]~tter to the British Counsel in which I mentioned all these matters but I had. had no reply except. one copy of which I am enclosing you herewith. That as now I have no other alternative but to approach you in this matter and hope that you will do something to get me the loss I have suffered lvithout any reasons for which act of my business I shall be ever grateful, I beg to remain Your Excellency, . Your most obedient and humble servant N.B. I beg also to bring your kind, information that I saw the Governor General of Ruanda-Urundi .• Mr. Jungers, who is at present Governor General of Congo Belge regard1nB all this trouble and who promised me at that time that everything 1"i11 , be arranged and I shall leave complf'.ining about everything but unfortunately since then nothing was done to settle the matter. e,c. Consulate General Leopoldville Sunni M\,;.slim ,;Assoc1ation, Usumbura ORAL STATEMENT MADE BY ARMED ISHAK TO THE MEMBERS OF THE UNITED I\fATIONS VISITING MISSION TO EAST AFRICA ON 23 JULy 1948 AT THE HOTEL PAGUIDAS, USUMBURA, RUlUIDA-URUl'IDI at- 9.30 P.M" Present:, Members: Mr. Laurentie (Cha:i.rrnan) Ml". Chinnery Mr.'Lin Mousheng Mr. Woodbridge /Secretar1at: . 'J: I c.J. (I A 0.0. • J.. Page 19 Secretariat: Mr. d>3 la Roche (Chic:t:' Secr~~ta:r'Y) .tish Council Mr. Rapoport (who acted as interpreter for thepetit1oner) it was Mi ss Bro'~"l'l-Ha'~rOl) Government Petitioner:' .A.Bl\1ED ISHAlC (MTRU /40/PET .4) ~g the reason Mr. LAURENTIE asked the petitioner if he wished to make any comment on • k:ind peruse his petition. O~in ARMED ISR[K replied that as far as his oase was concerned it was all , , ~ed in the , contained i~ his petition, but ho would also like to make a general statement .m Firm on the difficulties all the Asians experienced in the Territory. Referring , 'operty was to the matter of his imprisonment which he noted in his petition, he stated cooking ,t' that he had preViously been working in the north of the Territory in Ruhengeri. One day a friend of his, by name of Mr. Frank, w'ho \V'as working h Counsel in for the Sedec Company, sent for him 'by special car and told him. t.o leave one copy of quickly as there wonld be trouble concerning gold matters. He asked tor an explanation es to ~'ih:v he should lec-we, eince he had done nothing wrong, but in this Hr. ~"rank insisted that if he did not, he would find himself in trouble; ave suffered however if he refusod to leave he should talk to Goven1or Jungers grateful, (then Governor of Ruanda-UrtUldi). He accopted this suggestion and saw Governor Jungers to explain matters to him. Governor Jungers having examined his books ~eclared they were in order end told him to fear nothing. e servant !-1r. WOODBRIDGE asked the petitioner what type of business' he was engaged in. Am"lED ISHAK replied in I1 commerce general". Continuin'g the explanation of his case, he said that when the Governor j.nf'ormed him not to fear anything, he returned to Ruhengeri. Later, however, he received e letter to go to the 111 " Government Office and while he v:"us there, the Government sent soldiers to but search his house. His "Tife end children lTere put outside and many of his ~ter. I\ I personal belongings were stolen. The soldiers did not find anything. He eIl~uired as to the reason for such activities nnd was told that that was not . ) his business. ~TIONS In the meantime, another Indian had been convioted of gold theft CDAS, Public Prosecutor hp,(1 1!t'omj 8ed him 20,000 franc s to say that the' :petitioner was also gUilty, Mr. WOODBBIDGE asked what intere3t the Public Prosecutor had i1:1 makine such an offer. ARMED ISHAK replicd that it ,'rae part of' a :plan by the CxOvernment to rid the Territory of Indians. In 1935, 65 Il""01.ans, ,~erE; thrown into jail accused of gold robbery. Mr. LAURENrTh askeo hc'T'" l)),f'tn~ Indians had been expelled up to the present ~ar1at: , time. / ABMED ISRAK ::II~ T!217/f..dd.l Pa~,:e 20 ~D ISlliU{ replied about 8-10. Mr. WOODBRIDGE auked what ~roof the petitioner had of the offer of a bribe by the Public Prosecutor. ARMED ISHAK an~wered that the Public Prosecutor had signed a letter which was shown in public. 111r. WOODBIUDGE I.\sked vThere the Public ProsGcutor was at the present. AliMED ISHAK replied that h~ was working fora mining 'company in t~e Congo. Mr. LAURENTm then drew the attention of the members to rule 81 of the Rules of Procedure which states: IIHormally petitions shall be considered inadmissible if they are directed against judgments of cornpGtent courts of the I Administering Authority or if they lay before the Council a dispute vi th l'~1idl th,) ...::ourte have ~ompet8nGcl to deal " He thought that in vifY'1' 01' this rule, the Mission could do nothing as regards the judgment of the court, however, they were competent to deal with the ~e90rtntion case. ARMED lSWtK replied he understood the situation but used the illustration to 8hO'\1' how the Government dealt with Indians. In short, the complaint against the Governmont was that the Indians never had the right to de:i.'encl tl18mso1yoG. As EI,l1. example, one Indian obtainod a Belgian laiV'yor from Costerm~18villG to act for him but the lawyer was informed by the Government , that he would \1080 his licence if he did 80. Mr. WOODJ3RIDGE Qskod whether the SaIDO situation was obtaining at the momont. ARMED ISHAK replied that 'bhe situation had not improved.. The Asians had. sent letters to Ind.ia and Brussels but they he.d. had no effect. Mr. LA1JRENTIE romind.od the members of the Mission once again of rule 81. Uo thought that while the Nission was on tour in Ruanda~Urundi, Mr. de la Rocho (Chief Secretary of the Mission), who was to remain in Usumbura for a short while, might make enqUiries concerning the case and report his finClil1gs to the !.Ussion on their return on 7 August. , Mr. HOODmUDGE aGreed with the Chairman and asked that Mr. d.e '.a Roche obtain also the case history of the peititioner. ARMED ISRAK asked to be permitted to say a word on the segrega~ion of raceD in RU8.nda ..Urundi, As the members of the Mission were aware, separation 01' the races in Usumbura was very obvious. Mr. T,Ar:.L-.u£.iid[i; was of the opinion that it Wf',S not neCEJA8ar3r to g.) into the 'J1tLtter then, ?s time '\Vas grOWing short and there were other persons to be interviewed. by t.rr Jqi"lFl1rm n1J"r'i'l1P' +,h~ "".""1'rdng. However, he~skei /M",:, d,~ la Roche T/217/Add.l Page 21 , 1,11', do la Roche., in tho t,1isElion t s absence to enQ.uire further into the matter the offer of a of discrimination and segration and to report the details to the Mission on its l"eturn. gned a letter whic NI'. LIN MOUSHEN(} told the petitioner that it would 'be helpful if he ilould write' out clearly and simply, examples of what the petitioner thought at the present, to be discrimination in business, residence, ordinary social intercourse and oompany in tb-e genoral living co!!litions, Mr. de la Rocho was to remain in Usumbura for a. few days and would receive the statements. CO rule 81 of the \ AHMED ISWU{ thanked the members for hearing his case. The oral presentation ended at 10.15 p.m. ible if they the AEHED ISHAK, Usumbura, 24th ~Tu1y,1948. lcil a dispute USUNBUBA. THE HONOURAJ3I.E lOthing as regards The Council of Depal~ment of Trusteeship, leal with the United Nations, f U8UMBURA, id the In short, the Doe.:;''' Sirs, had the right to Yesterday on 23rd at 8.30 p,m. the interview you granted us for which I 19ian la1vyer from shell De ever grateful. y the Government "re had almost every Asians complain to explain to you but we found that it ,rQuId tA.ke much more time hence we refrain. tai.ning at the In my first petition about the imprisonment regarding gold matters in that time almost all Asians nearly sixty five persons suffered the same fate ",hich we have already explained to you. No'W the same thing has restarted • The Asians Cfect. aGain and about three Asians are involved. These Asians are Messrs. Arb~ Abhu, 9.gain of rule 81. Ali Ahmed rJamal and lamail Rashid. Due to your errival here the matter ha.s ii, qui3ted but still tht) above mentioned people are atill in the court. There remain in is no also any witness to prove their offence. These m~tters started fram bhe case and repo January, 1948. I give this information end if ~·ou will investigate you Will find it for yourself, ~:r , de l.a Roche These are the following informations which I would like to submit to yoU. A young Asian boy after buying ten kilos of peas for his persoX).e.l need ~egrega ~ion of was imprisoned for six months with an order of deport after serving the aware, separation imprisonment. The immigrar~tB ~eposit paid to the gove~ent not been returned even fifte~n year~ proper'~iee LJ'~3r to g." into residing in this place over deepite haVing exceeding Ler persons to tho amount of the deposit. he askei vie pay thousands of france for income tax but our 'children are debarred lor any 'J!/'t!.~( /Add.J. Page 22 . of p;ny eduoation or an entry to any of the local colleges. officer of the Pub Moreover we brought some of our files to show to you how many wrong such an offerI and cases have been proseouted to the subJects but we found that it would take, 2. Further on I you a very lons time to aee and ;hence we r€.'fra1ned and now if you de sire we Costermansvil have them in our position and can submit to you. Government th In ;'~€'liSious matter we are not. allowed. to minsl'E> with ea.ch other as for I might have example when the net!ve mulims were celebrating the birthday of our Oostermansvi1le is Holy Prophet MtUltUmnad .. may peace be ,:\pon him ... we were not allowed. 'to go do not require any to their plo.oe despite having ~nvitations. • certainly such an a The above mentioned all these troubles the subject cannot approach that would have rea to you to you for the same due to the owe of the government, °bo make an adequate ''le are very tha.rik:ful to ~'OUl and pleased to see a delegation of of his olient. The United Nations and hope that such things you will reneem us which you " 3, Finally in the h~ve destined to do. following sentence: Thanking you advance, "A young Aai I bes to remain, J was imprisoned Dear Sirs, imprisonment", Yours very faithfully, .' Here again I c (Signed) I am supplied with AHJAED ISHAK the approximate pla \ (b) Observation~ by ~he local admini~tration .' Territory of Ruanda-Urundi Usumbura, 30 July 1948 No, 5135/Con~.ONU • Mr. Chairman, To the Chairman of I have the honour to refer to Petition No.4, dated 22 July ,1948 lodged , . Mission of the Trua with you by Mr" Ahmed Ishak., I note several points which seem to me to Usurabura require some elucidation: , 1. uIn the meantime another Indian has been c'onvicted of gold 'theft and the Publio P~osecutor had promised him 20,000 francs to say that the TerritOI'Y of Ruenda petitioner w~a guilty. No. 5369/Cont.ONU "Mr.. WOQDBR:IIXtE asked what proof' the petitloner had of the offer of a " " ,K.... , Chairman, bribe by the Public Prosecutor. I have the hon "AHMED ISHAK answered that. the Public Proae0utor had signed a letter whicl pe-t;it10n aubmitted ~ was later shown in public. "Mr. WOODBRlDGE asked where the Public Prosecutor was at the present, "AEMED ISHAK replied that he was working for a mining company in the 'Congo. tr It is imposaiblefor me to reply to this alleg$tion without being furnished with further particulars, and especially with 'bhe name of the /offioer of T/217/Addel . Pase 23 offioer of the Public Prosecutor's Department who is alleged to have made such an offer, and tha.t of the Indian to whom this offer was made. 2. Further on I read 11 ••• 11' one Indian obtained. a Belgian lawyer from Costermansv111e to act for him, but the lawyer was informed by the Government that he would lose his licence if he did so". I might have merely replied that t:t.~is in no way concerns me 1 sinoe Gostermansville is in the Belgian Congo, but I prefer to explain that la~rs do not require any licence to exercise their profession and that moat • certainly such an administrative interference would have had reperoussions that would have reached the Belgian Parliament itself. Nevertheless in ord&~' to make an adequate reply I should be given the n~e of the lawyer and that of his client. 3. Finally in the addendum of the same origin dated 29 July 1948 I note th, following sentence: \lA young Asian boy after buying 10 kilos of peas for his personal need was impriBoned for six montns with an order of deportation after servins, ', ~ J imprisonment" • Here again I can only take this vague affirmation into consideration: if,': I am supplied with particulars as to the character of this young Indian, and \ the approximate place and time of his imprj.sonment. I have the honour to be etc. (Signed) M. S]MON .' Governor of Ruanda-Urundi To the Chairman of the Visiting Mission of the Trusteeship Council Usumbura Usumbura, 9 August 1948. Territo:t'y of Ruanda-Urundi No. 5369/Cont.ONU JK- , Chairman, . I have the honour to forward to you as an 8...'1l1ex my ob servationa on the petition submitted by Mr. AJnned Ishak. I have the honour to be etc o (Signed) M. S]MON Governor of :Ruanda-Urundi ITo the Chairman l/a17!Add.l ..J-.se 24 I To the Chairman of the Visiting Observe. ~ss1on of the Trusteeship Council receivi I Ali Al:lm The pet:J.tioner in fact had trouble w1th the law, an account of which unwroug ! appears in the dossier handed to the Secretary of the Mission. It It is regrettable that, each time Africatls are charged with stealing or t'tietene receiving gold, such charges invariably lead to the apprehension at Asians, As · Without whose help. the Africans would not be able to dispose of the proceeds 15 June: of their offences. suspena! All'the other points contained in this petition refer to the quite legal Mission' I a I and proper procedure "rhich was followed at the time of th~ petitioner'.s two ,suocessive bankruptcies. Ahmed Is He was able to satisfy the creditors of the first bankruptcy, thus on bail itA· obtaining his discharge. The unsecured creditors of the second bankruptcy, the liabilities of The are nece . which em~un:lied to 595,096,93 francs, received, however, only 7.375% of what Hussein 'lvas due to them. 'Appeal f Oral Statement made bY,A.I. on 23 July 1948 from..e., 1> The beginning of this interview requires no comment. Thi "Continuing the e;x.planation •••• not his business". but the Obse1"Vations~ I have no docum~ntary material on these facts at Usumbura, but , family 1 it should be remen"'ered that Ahmed Ishak was sentenced in 1939 to tour years else of penal aerv:ttude for receiving unwrought gold (see dossier handed to the ... "Th Secretary of the Mission). Observat It is more than probable that during the enquiry his house was see.rched repatria by order pf the Public Prosecutor under Article 25 of the Penal Code. should be "In the meantime ••••• 11 to the end• • Asians h qb~erv~ti~ns: In order to be able to reply to these astonishing assertions, re I must pe provided with the information requested by me in my letter M9 , . deposit, 5135/Cont. of 30 July 1948. establish I would merely point out in passing, as applying to all cases, that the defence of accused persons is entirely free, that not even an indigent prisoner has ever been refused the services of a lawyer, and that the dign,ity of the said lawyers would make it impossible for them not only to consider.. bu.t even to consent to listen to at?- administrative injunction of that kind.' Furtherm.ore, Asians very frequently call upon the services o'f 1a}qers. Additional document dated'24 July 1948 . - - -. _... ' ....-...... -.. ..-- 11 In my first petition •••• for yourself". /Observations: , -'" T!217/Add.l Pase 2' Observationa: Sea preceding inf'ormation on Aaiana :Lnvolved in ateal'ns and .lit VilP ., ,. . $ -i /The depoa1t , ... ", The depoait is always re1mburaed when en 1mm1grant leaves the Terr1tory. , "We pay thouaanda "... eollegaatt • Obaervat1ona: Up to now, real1sins their isnoranoe oi the French language, 1 U 1 1 I the difference in their éducatio~s comparad to that oí' the Europeana, ando their freQUentl1 defective hysiene, the~sians haya not aaked to be admitted te the European sohools. 'l'he ~sian cemmun:t t~r haa ~ however, freely organized pr1mary courses at Uaumbur~, and tt;,achers from. India have been given every facility toenter t~e Territory, "Moreover •• ,.tCl' Bubmit to you". Observat1ona: The pet1tioner ehould g1ve full detaila of his gr1evances. "In religioue matters ••••• invitationa". Observationa: There are no reatrictions on the free exercise oi relision• • Indiana are even permitted to bum their dea~ on funeral pyres in accordance with their cuetom, although thie 1s somewhat repugnant to our Weatern ideas. ~he petitionerl~ remarks concern a purely local incident; this l"eligious festival wae held with the utmost dignity in the nativa village of Haswahi11 of Usumbura, The European Territorial Authorities made' a point of showing their friendliness towards the Waswahili by attending the ceremon~r. Xl'! the evening soma Asians ",vere asked to return to their homes ewing to the fact that.". non-natives are forbidden te moya about at night in the extra-tribal native centra, An Arab from Shangugu who ,,,as found that c. Obaervat1ons by the Visiting Mission ~''''''''-''''''--'''''''''''''''-' ...-...... , . .. 1, The case of Ahmed Ishak is rather coniplicated.. In 1938 he was sentanced te three yeara' penal servitude for receiving golde He was released en probation after eerving half this 8entonce, but his affairs having got into a bad atate during his absence he was declared benkrupt in July 1939. Having resumed his business activities after obtaining his discharge, he was again .declared banltrupt in January 1946, Proceedings were taken against him by the Public Prosecutor fOl~ fraudulent bankruptcy but he was acquitted oí this. charge. ' In February 1946 a deportation arder was issued against hfm, based en 11is conviction in 1938. Ahmed Ishak breught a civj,l action 9.ga:.nst tl?c Government of the Territory to obtai11. from the Conr~ al" Annulment of 'bhe deportation order, as !be1ng ., T!2l7!Add..l ").... f Pase "·1 ~err1tory .. being ttnjustified because it was baEod on a conviction incurred. ten years msuage, }tr0\"io'l.\sly. In view of the princil)l0 of' aeparation of executive and ms, and, jndicial :powers , it is ablost certain ,<::at the Court will d.eclare itself admitted ~~co~~etent to give a ruling on the legality of the order issued by the Governor .' been given 2. .Ahmed. Ishak complains that during various proceedings connected with his t't·ro bankruptcies, he suffered a loss that he estimates at 20 million Belgian ~rellcs, that his ~ooks were confiscated, his goods sold, etc. noes. As far as it 'has been, possible to judge from an examination of the judicial dossiers of Ahmed Ishak, the normal rules of procedure for bunkruptcy ision. ,rerG followed. cordance The lawyer whom he entrusted with his defence was consulted by the n ideas. !.tLssion. He raised. no objection t,o the manner in which the t1vc l\;,'"nkruptcy actions w~re conducted, and the memorand~un of 6 August submitted by him to llage of the Mission makes no reference to them. point At the time of his first b8:l.'1kru.ptcy, Ahmed Ishak was able to repay his ceremon~r. cred.itors and obtain lds discharge,; at his second bankruptcy, the creditors to the \·rere only able to obtain 7.4% of their claims. ira-tribal ~,. AbIDed Ishak describes the case of a young Asian who is said to have been conde:amed to six months imprisonment and depor'~ed from the Territory for ~iation in stealing 10 kg. of peas. The enquiry made by the Mission showed that a certain Hussein A11 did in fact receive such a sentence but that, in view of the offenderls youth, the Governor did not carr~ out his intention of issuing a deportation order. The case was therefore dropped and leaders of the Asian community 1 • expressed their satisfaction to the Mission regarding the local authority's handling of the matter. sentenced 4. In his oral evidence of ~3 July 1948, Ahmed Ishak stated that in on connection with a gold theft, the Public Prosecutor's representative promised t into a 20,000 francs to an accused Asian, ~f he would say that Ahmed Ishak was gu11~y Having also. He added that this offer was made in writing and that the letter had again • boon shovm in public; and also that the official of the Public Prosecutor1s 1m by (lepartment was now employed by a mining company in the Belgian Congo. :>f this In the' same statement of 23 July, llhmod I shak declared that an Asian,ha.d T0QU0stcd the services of a lawyer at Coster.nlansville,'but that the latter ~d on h[~cl 'been '\ora.med. by the local authoritics. that if he defended the accused his J.~ cr... nee vrould be withdravm. In a Jotter dated 30 July 1948, tho Governor of Ruanda-Urundi informed Ler, as J~:I(. I·a iJoion that ovrlng to the vaguonc8s of the DO accusations, he could not " Bea' Hard Copy Available ,~ /roply to them. 'In ]••1JII 'lib :¡'/:J.L (¡.H,a.a..1 Fase 28 l'eply te them. Dur1ng the enquil"Y it carried out, the Mission mede every attempt to oontaot Ahmed Ishak in order to.obtain the information neceasa:r.y fqr en examdnation of the charges made against the Public Prosecutor and asainst the local atrhhorities. The reply to every enquiry waa that Ahmed Ishak was ~n a busil1ess t:r.ip and that i't wae not ~own whGre he aould be found, or when he would return to Usumbura. No informat:l.on aould be obtained regarding th~ e/llegad faots, either from,the E1,lropean lawyers or officials at Usumbura, or from the Asían interrogated. Thua in spite of the ruost careful invest1gation and the viaw of ita :l.nab11ity to '.nterrogate Ahmed Ishak himself, although his irienda had been told to inform h1m of the Mission's anxiety to question h1m, the Nission has beirn uneble te throw any light on these allegations. 5. The other facta contained in the petition submitted by Ahmed Ishak • I concern the queetion 0~ discrimination against Aaians and are the subJect oí general commente (S6f:} Chaptar III; para:graph 8 of the report). 6. Since the p~)'~itioner i8 alone rcsponsible for the adminietration oí his affaire, which got into abad sta.te while he was in prison, he cannot adduce his bankruptciea ae a ples. for privileged treatment• .' Moreover, though .. the issue, of a deportation orde¡" 0n the basis oí a convict1an incurred ten years previoualy may appaar to be a somewhat vigorous o.ppJj,cation of the le.w, the Mission considera on the one hand that the local authority :te the sole Judge oí the advisability of this measure and on the othor hand that the fact oí the pet~tioner bringing eerioüa accusat1on~ againat .. . officials and magtstrates and failing to support them with any evidence , whatever, does nct incline it to recommend the Administering Authority to updertake a freeh enquiry 1nto the petitionert S case j.n a apirit of leniency. /4. Fatition , 'J: / t::..l (I Ji.u.t;J. • J.. Pass 29 . . 4. Petition f~am Moladad.. Pirandita datud 24 July 1948 -- received at attempt to Uaumburn (.)n 26 July 1948. y fqr an (a) To=~'Lof the written ptititi.0rL. nd asrainst (This text was trF1J.1smi tt-ed to the nR~mborEl of th8 Trusteeship Council in dooument T/PET 3/4 of 10 August 1948). lsiness trip :>uld return to MOLADAJ) PIBANDlTA Merohant, ' • BIUMBA. RUA.NDA bS I either Asian Usumbura, 24th July 1948 and the view The Honourable Council, ls friends Dopa,rtment of Trusto0ship, 1 him, the United Nations, USUMBURA Id Ishak Dear Sirs, Le subject of I wa'S extremely delighted to huar of your. erriva.l in this pla.ce to investigate and see the 'wolfaro of tho diff0t'0nt kinds of races. I am 'at1on of his delighted fvr this reason i hat 'thure is no on) 10 listen to our difficulties annot adduce and cries and now your the right parsons to approach who will redeom all our difficultios. ,eis of a. My all troubles and difficultius I bog to oxplain, to you a,s follo\o1s in what vigorous brief. at the local You will be surprised to huar t.hat during my visit to India. in 1939, a,nd and on the during my absence the authoritius brokv open the lock of my house and anterad sat1on.s against and started looking :Cor gold. This thuy did without informing c1tht:lr my .. . v1dence rolatives or an;y friends of mine. Thun whon I -arrivod hero from India I was bority to a.t once arrested and ,put to prison at Kiga1i, and after a stay of soma days of leniency, I was roleased when they found mo lnnoc0nt. From this you will see that there is no such law to tako forc0 and during anybody's absonce. These all steps put my all credits in tho duut. If such things happon how many peop18 'wil1 10s0 their businuss and Uv~)ryt~ling. Such things did not only happened to me but to almost all Aoians. Before arriving to this place trom >' India when I hoard tboso things in Kumpo.la I at' onoe wrote a latter to the British Consul. General at Leopoldv:illo from there. I In 1942 I started building my businosG house and brought ona ~t1ve carpenter from Uganda to do my work Whor:l the off.icer in charge took him. by force sl.ashing him to do h1U own privn.tu work. I went to complain the satnl) matter to thE) district officer but hI) mver listenod to me. In 1943 I appliod for a. plot to malro bricks which was refused. Then Petition /S8.1lle J:.¡ t.:..L{ /.HU.U. • .L Page 30 sorne plaoo was Siven to a padro and tho DOmo officer whi1st res:tgnins from too government work took over the pltloO from tho padre. In 1947 a.n at~~chment was issued on roy shop by one eraditor of Frs. 426.000/- which wns not tho actunl o.motUlt of the debt but 1't waa only Frs. 126.000/-. Whon I wantod to spea~c this matter in the court I W!l.S told to Sbtlt up o.nd leo.vo the place by the Judgo. I am always oharged with high incorne tax a.bove what I earn and whenaver they send mo the bill for paymont thoy sent it with the attaohment on my property. 1 am here for the last twenty years sinoe 1928 but st111 I have no onough moans to go. to my cOtUltry bece.use wha.teverI earn goa e in the govl")rnment inoome ta.~. I alao oan hardly make rr¡y twb ende meet d~ to thi'3 r.eason. Such taxas are also imposed on other Asians and I aro aure that eue heavy income tax are not charged to other European retai1 merohante. If' these things are invostigated you wl11 find lot by yourself. For t~s reUson all Asians oí this plaoe ara :'n tho same condition that 16 ln poverty whl1st the other Asians oí otheX' territories are in d1re wealth. I shall, thareforo, bo vory much grateful te yeu if wl11 raad thi6 po tition of mine c.nd redaem me of 011 the 8e troubles and a t the sama time I pray to the Almighty God to keep the Uni ted Nations for aver who wil1 always rodeem nny troubles bafallon us~ Thanking, you in advanCe .. I beg to remain, Dear Sirs, Yours very faithfully, (Signad) MOLADAD PrRANDITA (b) Oboervo.t.ions 'by tho 1000.1 [~dministration ~. .._ J ~.. I_""~ _""" _ ~ ....., ._.... __ ·...... __.- ... Tot$ritory oí Runndo. ..Uru.r..d.i No. 5375/Cont. ONU . Usumbura" 9 August 1948 Mr. Chairtlnn, I havo tho hOl1our to trans!''li t to yau herewith my comments regardlng tho patition submittod by Mr. Moln.dp~d Pimnditf' • \ I hnve the honour ta be, etc. (3gd,,) M. Simon Gov0rnor 1"0 tho Cha.! :t'I::lan of the Vislting M1ss1on of tho Truste6ship. Coune!l . Usumburo.: I"I vas fJ.l/ir!..17lMd~~ Peee 31 ' ~<' It! was extremely ••••• at Loopoldville from there'," I res :tgning from , Cornnents; 1. Search carried out at Moladad r s residence .... p - ditor of A.rrest of the latt.er (1939) but it was only In April,1939 a judicial enquiry was opened regarding Mo1ada.d court I was told Piranditat He was accused of receiving unwrought golda The search was regula.rly conducted and a warrant was issued in d\¥) form by the Public Prosecutor. Moladad, was absent at the. time. He 17arn and whenever t !lchment on my returned to Buanc13. on 4 October 1939, was immediately placed in preventive custody on Oct~bor 1939, and provisionally releastld on but still I have 9 pe.yment of bail in tho sum of 10,000 francs. On 28 August 1940, in goes in the accordanoe with the instructions o~ the Governor of Ruandi-Urundi, mee t d~ to thie who is Public Prosecutor, the case was closed and bail was refunded. am sure that such You will find a,ttach0d a certified copy of the search warrant and you ~rche.nts. If will see that in viow of the accused's absence, two Asians were requirod For tnt-a to attend as wit~eGs0s of the proco0dings. lat is in poverty "In 1942 ••••• listened to me. fI LIth. Observations: Tho Rosident of Ruanda succeedod in tracing the Mugando. .1 read this carpenter named Nsubuga. Under intorrogntion he made the following the same time I statcl me :r'1~ : , who will always "In 1943, not in 1942, I was employed by Moladad of Byurnba, a carpenter by occupation; I was to maIm El number of doors r-tnd windows for him and to receivo 0. specific sum, tho flmount of which " I no longer remember. "This was a verbal a.greomont and I never contracted for a 11y, specific period; I work by the job. Having finished the dool"o B.nd A.NDITA windows, I claimed what. was dU8 to me and I Nm0mber thA,t ,there was a.nd a dispute • We went before tho Torritorie.l Administratorr Mola,dad ' ,. was ordered to pay me tho ~Gr03d oum. ".) August 1948 "At tha.t timo I had no work and I enterGd tho employment ot" Mr. de Haguenau for seven. months, then worked for one year for bs regarding Mr. Florizoone ~~nd after le8Nj.ng him I wen~·. to work for over a. year for Mr. Feltz, whom I left in April 19t~6, "Then m;y worl~ was finished • , , . ."I havo just roturnBd to Mo1c.da.d wce ifJ constt"ucting a buIld.ing c.nd I havo found dmployment with him.. "I decla.ru und8r oath that I 10ft uD.,ch of theso employers of my own free will. I~undertook t.o mako so many doore" windOWS, etc. e.nd havo never agreed to bind 1'1YS81f for 0. fix0G." cpecific period. It IIIn 1943 I applied ••••• from the padl"3. 11 Observations: From 1935, the Nativ0 Administrntive. Fund of tho Byumba I"! was r¡:/2l7/Add.l Pese 32 oh:1et~doms oocupl~d the 18,nd known as Gisumu for tho purpose of rlanufo.otur1ng brioks there. ,Clay being plontiful, the reverond futhers had beGn allowed, for sevaral yeo.rs, to make bricks fo~ the building oí the1r sohools at this place. In 1945, the Nativa Administro..tivG FunA " of tha chiefdoIns werA abolished ond tho sltuation wo.s regularizad. -'l'he land was declarad to be unoccu~. Only Mr. Feltz mn.de an application for alease, which wa~ granted. While Mr. Feltz ws tenant of Gistmlu, he authorized Moladad to manufacture 'bricks on this land. After three yoars oí possession, the tenant dld not aek for renewo.l of tha lease and Moladad, info~d 01' this decislon, never applied for o. transfer oí the lease to him•. At that timo (l Juno 1948) the Missionary Fathers requested the lease of the site and submitted II formnl applicntion which was passod on to the provisional authoritieo concerned. Hav1ng observed a missionary on the spot, Moladad no doubt imaginad that too sito was to be grnntod frae of charge to the Wh1 te :F'athers of Byumba. Renoe thls completely unfounded complaint. "In 1947 on €l.ttachment ••••• by the judge." I Observations: On 5 Apr1l 1945, at th0 sult of Fazel Ahmed, a 'merchant of Kaba1e (Uganda), the judge oí the court of fil"st lnstance, autheI"ized the :pla.intlf'f to distra.ln the petitioner' s proporty as a :precautionary measuro te seoura o. cap!tal dobt of 424,800 fra.ncs, plllS interest and 1ncidentals prov1s1ona11y estimutod at 50,000 fr[UlCS. Dlatra1nt was carr1ed out in due form on 17 April 1945. Restoration of' the distra1ned property was made by the plaint1ff razei Ahmed on 17 January 1946. The procodure in questlon vas eomJ?letelY in arder. , "1 am always ••••• befallen us." . 9bs~rvations: All pc~sons, w1thout distinction, are subject to taxation. The petitiener has been taxed on hi8 own returÍls. Wi th regard to the years fer which he failed tu submit returns, the adminlstrat10n took as a basis his I'eturns for proviaus yoars. The Secretary of the Vislting Miss1on, : Mr. de la Roche, has recelved full details from the to.:x: collector on this w1tter. JUDICIAL SEARCH-WARRANT On 13 Apr11 1939, We, DRIVERS, P.G.L., officlal of the Mlnistry of Publ~.c Affairs at tho Ruando. Court, reside:nt at Byumbo. cnd being at GATISBUj In view of Art1cles 25 and 26 of Cod,e of Pene.l Procedure; 'Whoret\s it has been ostabllshed by tha Exe.m1ning Magistrate that /several Paije 33 . soveral partielus oí unwro1,.lght gold wero disc;)vGrúd in one of tho roome of tho premiase bulonging to SHARIF GtT,LPiM ALI SRA at Gatisbu and that tho room in qUüstion had boen occupiud in 1935 by the porsan known as MOULADAD, of Gatisbu; WhercQs examina.tion of the poreon known 0.8 Guloo Ruase, oud Moha.med Rashid Said has revoa10d that tho said. MOUU~DA.D ha.d maintainod constant relations with tho aecuoed SBARIF G~ ALI SBA; Whereaa the en1d MOULADAD ie offieial cnrr1er to the M1nétain Company and that ho is rog,uirod in virtuo, oí that aííice to malta frequent journeys from Ruanda to Uganda and baekj Whereo,s nothing has ~"Gt buon o.acerto.ined regc.rding the identity oí' '!ihe persone who undertook the transport oí tho unwrought l~0}d .. in the treffle oí which the various ~ccused persone sue~ to have becn ~D6~ged, und wberoas there ia good reaS0n to beli0vu that the sald MOULADAD may ha.v~ been 1nvolvod in thio transport; wharoc.s, in :pa.rticular, the 8tatement made' by Mr. ELOY, B0D..lth Officer .. grec..t1y increase s the gravity of the Buspicions concerning the said MOULADADj We hereby order that a. search be carried out 1~t:tlo premisas occupied by, a.nd belonging to, the said M01'.JLADAD a t GATISBU. Whereae the ownel" oí the premisoG 18 absent (having boen in Ugonda since Fobruary 1939), Wo haye reCluested the presence .. as witoesse s, oí MIRA GADJAN, en Afghan subject resident at Gatisbu, and GtJ.I.,AM liUSSAN, en ludian sUbJect re sldent a t BYUM:BA; ~ In the prosonco oí the two aforemn.tioned witnesaes and. attendedby the duly rUCluisite ex.pert .. Mr. DEMOULIN, We ente:red the premises after brenking a pad10ck aff1xed to tha back: door. We proceeded.. in the presenee oí the witnesses .. to the washing of pans .. brushes, etc. The pannors donned fresh c1othes; and theaxpert washed his hando. The two wi tnosseo atatad that they had no objections to nako. One particle of unwrbu6ht co1d waa d1acovered in the room numbered "1" in tho sketch. We had this faet ostablished by the two witnesaes. Witnesses Expert Di.üy attested MIRA GADJAN DEMOULIN DRmRS GULAM HUBSAN ( Offieial oí the Ministry of Pub1ie Affairs) ¡Signad T/217!Add.l Paae 31~ 8iSnud t~l'~nud MIRA. GADJAN DEMCULIN DRYn~Ht1 GUIJiM RUSSAN Cortif1ud trw) 00py P. LEROY .( Offic1o.1 oí' tho !'linistry of Public Affaire) 81gnvcl Piürr0 Luroy (Dotaile follow conc0rn1~'1 operations lead1nG to the diacovory of traces • end particlos of gold in aweep1nge in eeven plncee). (e) Obsorvations by thG Visiting Mission l. The :pGtition submitted by MOLADADPIBl\.NDr~lj\ contains severa.1 complainto. Most of thenl !'olato to incidents at BYUl'!lbn., the patitionor rs place of residenoe. The Mission was tmablo to visit th0 placúu in question. Novertheless, at Usumburo. i t was able to examinv thu dossiGrs re1ating to these mattere o.nd obta.in thG necGssarl in.fomation from the. responsiblu officials. The oth0r part of the patiti0n rGlate s to che sums paid by thü potitioner as incorlo taX, 2. Moladu,d Pirandita cornplains that hio houso wns soarchod during his o.bsence. In polnt of fact a judicial inqu:J.ry had been sta,rtod a.gainst ~; ':,~'1 for concenlment of unwrought gold, n.nd the 80arch was carried out in legal fora in the pros0hc0 of two Asiano. .,. He aleo compl~tins of arrost and imprisonment on his roturn from Indin. He was, in fact, romandod in connectiun with the samo charge of conceo.ling gold nnd was forthwith reloased undor bail of 10,000 francs. Ro cOUl:plaj.ns that a co.rpentor 0mployod by him was compe11ed by ,a local officinl to le8,vo his work. According tu st,atements by the carpontar J Nsubugo. by name, he hn.d left. Molnd.c.d in normn.1 circumsto.nces nnd of his own free will aftor the work on which he \oTQ,'::J ongagecl hlld bü0n completed. Ho complains thr: t tho lcnsoh'Jld 01' o sit0 conto.ining brick-clay was rot..tsad to him and grantüd to ~. m:Lssi'JnarJ" Explcnaticns suppliod bJr the loco.l D..uthoritios l'\1.ake i t c13::¡.r that t1.1e ];)0rSOn cJl1clJru,0d had b'3en authoriood to manufaoturo bricku un t.110 Dit,:,' bu·f had neyor CtLlIüiúd for thG leas8hold. F:tnally I ho OOT::plrtins that o. distraint ,,,r'.s l..;vi.)cl on hiu prupt:3rty to socura pa~ont vf a. ¡mm of 1+26 .. 000 frenen, \vhoreas hiD indebtodnoss amounted to 126:000 franco only. Tho di,Jtra,lnt l which wns fo!' a sum of 424,,800 frones :plus 50"000 frlll'lC f:1 f 0r intúrJst c...nd inoidontal oxponso f3, wao carried out in /accordance ....'N '",""'''_'''0_''...... '_._,_~."~_.~,~,_ 1":'1/':')1-'/1J_ {.. I ·l'·,,'...... 1 II t . 0C ,l'd,',:.nc" wit.h norn~;.l ':'·l'c_.(r~dur(;', in puraur..nce of Do decin~on of the.: (~ 1n~t ,.;t' fl:rfJt insto.nc~:. lkotitut.i')n W,"D c;ro.n·I,(,:d ,')n 17 JLnuar~r 1946 • j. 'l'hv sucund oocti0n ..)f' th\... p\.. tiL.' 'm, c~)nCUrnu M01~do.d f D tne .. :!i.v t':x po. JrrrlL nt G• Hu o~)filp1ains that tl10 r.mount Jf hiG 1:labi11ty for t:;~x r0gu1nr1y ,",!x:o~Ju(lG ~,ho t,l''lGunt. ef hiB 0arnings. In tho fIrst pln.cu) thifJ C ir.1p1uint cun h~rdl;y- btJ taken 1itura11y. In th0 , Gocond pla.cu, inf:)rrnati ....n ~,btrdrivd by thu !vIi Gui ..)!1 from thu tnx controller's filt;} G (particu1~ru n!\,.! glv·.;n in the Mission's files) shows that for taxation due for 1941 and 1942 , the petit10ner was taxed on commercial profits he himself declared; that he then i refused to make the declaration required by law and was compulsorily taxed by the competent Commission after examination of his account2~ account being taken of his family situation; that sums due to the Treasury were only paid after several demands, those due for 1945 and 1946 having been paid a few days before the arrival of the Mission at Usumbura; and that for taxation due for 1946 nnd 1947 he made no declaration and has not yet been compulsorily ; t.axed. 4. Finally, the Mission considers that the informat~on collected during its enguj.ry does not reveal anything that justifies the submission of recommendations to the Belgian authorities. k Z~ Best H!lrd Copy Available \le Pet!t10nlJy _"•.,.A">')if..... ·rl!&; I: ...... -_,.~ 7 trnn r I 7 IfliS T J l'1217/AdA.l PISe 36 ,. Pe~1t10n by Mwombuteo., the Mvam1 o, Urund1, datad 2' JuJ.y 1948 and reoeived the same da7 at K1tcsa. (a) Text oí the written pet1t10n (Th1e ~ext wne communicnted to the membere of the Trusteeehip Coune!l in Document T/PET 3/5 - PET.2/49 1 of 20 August 1948). MWAMI WI URUNDI "MWAMBUTSA" KITEGA (URUNDI) 25 July 1948 Received by the V1siting Mieaion Kitego., 25 July 1948 Sir: I reapectfully take the liberty of aeking you to be so good o.a to s1ve careful considerntlon to the possibi1ity of Q retur.n oí the dietrict oí Bugufl to the Kingdom oí Urundi. Tha.t d1 strict wo.s alwo.ys en intogra;J. part oí my country. It waa only Jn 1923, o.fter tha Germen Occupo.tion and the arrival of the 13elsians, that a boundary comm1ssion established the frontier with the Tans~lka Terrltory, which resulted, no doubt un:1ntentiona11y, in cutting off Bugufi from Urundl. Certa1n clrcumstances which I wish to bring to your attention hclped to p'erpetuate o. mistake which has worked to 'l1f3 diaadvantase. r was a. .,. minor, eleven yeara of ege, end had to rely for the adm1nistration ot:' my country on a regoncy council which found itael! confrontad w1th a fait accompli.~ To the claims subsequently mede by the resency the o.nawer ...,. b __ siven was that no favourable action could a:n.y longar bé taken. It ls said thnt at the time of f'~xing the bounda.ry the provincio.l c~ief, Kinyamaz:i.nga, was in attendance at :my court a.nd thus could not be, oonsulted as, to the nation ,t.o which his country beloneed. He continu.ed, nevertlleless, to recognize me as his sovereign. I have aleo enclosed copies of a h1storical note drawn up two yeo.rs ego by one of ~ chiefe, e.nd of-the letter sent by me to the Residen:\; oí Urundi "tvhereby I initiated my claim. Ir hope, 'J.'/d..lt /,no.U• .J.. , \ Page 37 I hope, Mr. Chairman, that you will be kind enough'to considor my Just claim in all fairness, end I thank you ver,y sincerely in advanco. I have the honour to be, etc. The Mwem1 of Urundi (signed) MWAMBU'l'SA The Chairman of The United Nations Mission Kitega Ml'TAMI WI URUNDI .. "MWAMBUTSA 11 MURAMVYA (Ur:.mdi) 20 February 1946 .. Sir: Now that the war is over I have thd honour to enquire ,.,hather it might not be possible for the Belgian Government to come to an agreement with the British Govenrument for the return of the Bugufi district to Urundi. Bugufi was, in fact, always a province of Urundi. After the Geman occupation and the arrival of the Belgians it continued, to be such until 1923. At thet time a boundary commiss~on fixed tho boundary botween tho Tanganyika. Territory and Urundi, and Eugufi was cut off from my country. I do not mow why that decision was mac£\ or why the resents, NDUHUMWE and ' NTARUGERA, let the matter go without objec~ing. At that time I was only eleven years old and was too young t'? take an active part in the Govern:rnent of my country, whi'ch was ~led by a regency council. I remember, however, that in 1920 or 19~1 the chief of the province of Bugufi came to pay homage to me at Muramvya. His name was Kinye.:m.azinga. Bugufi 'was always Urundi territory• The Mwemi Ntare sent a chief there who was a native of Mbuye in the Muramvya district. It 'Would therefore be just and fair for that territory to be returned to me, If necessary, a number of old· residents of tho country can give more .... details on this question, which .il am submitting to you in the hope that you will take action on it. I have the honour to be, etc. • Tho M'W~i of Urundi (signed) MWAMBUTSA The Resident of Urundi, Kitega /BUGUFI rt/t¿17!AM.l Pase 38 BUGllFI . , T!217!Add..l Page 39 t.'"'~ scrVl'•.nt3 of uJh. l::l.r:t:;,- i'rCI:l the- .I,hi...... l;;;:;"r",'...... "·-.,,,pt·,,,·~'\...... Wo ... ' .. ",1' ('I'1l::'1'!'11'_ \.o~U .... a...... J.J.u, currently 0ln.plo;}rod to des:tgnete tho parte)±' Urundi \ 'lIJhJ,CC importent feJU.ilio8 arc: J\bongol'f.'. 01' f,bF:'.nyc~consera~ Gahange J former sub .. chief of Knliza. f.i'>I:"'''1~rekereJ!la: Ntibihircna, sub-chief et Rugarama, .-':J . Abnsepfu: Bukorneye, K8..nazi lUll. 4. i\be.bondogo: Huztu1({u, DUb-chief et Ntaretare. ~5. ;\bcmcrwrunbn: Bdf.lhngarikiyu, deceasEld) but his son is sub-chief Ht Kt.binr30. 6. Abashono: SJ.!1i3e.yc J 8'..tb- chief at Nz~.z('.• 7. Ab.:myngit3nka.; Sobihinda, SUL) -chief at Buga. Nkake' J sub-chief at Shanga. 8. ATJaryne.: Glclmku,n:o., at Juruligwe.. Hugl:lmbarrlra, at Jur1J.11IJWa. '1l hoS8 feJJ1Hios ere all similar to those whL::h we lmow here, (ConSUlt Hr. SimonD in C:OUtU...'1l0B ot Institutions d.es :Barundi. As for tho llnhutu fellli}:les, the;>r e.re oxactly the same as t1lOse which are lmO'h'11 in the (Ustrict of Kttegl.'..nyi (Butambuko, Urundi) and. more particularly on the Shoze.-Ke.Bcnyi-Kabogo Hills (same district), '1'h8 famlUos in question aro: 1. AbaJj.;lt: iarajc1{;arays, Knnazi Hill. Rusengo's confid.ential e.d.v:i.Dcr. Ii.l)ashubl: BlUlonuwonzc, servant of the chief, Mabawe Hill. nuke., f aJni ly of cookEl, t-1uhwe za Hi11. A1)f].llindn~ SemujangE;, 1'111088 80n is sub ..chief at Ngunc1.usi. j~b:i':mva: HikogCl, Nkf.U1de. Rill. GD.f';,rlki, Ngunduo1 Hill. /':' . Abas8.nzu: lJ.1/211 'Add.1 Page 40 5. Abasanzu: Kiromba .. Court assessor. 6. Abanyarwanda: Ruhangaza, Nzaza Hili: 7• Ababa: Mudende, Mushiha Hill. Sesakoko, Mushiha Hill. \ 8. Abahanza: RuhwQbare, Chuya Hill. Semambu, Chuya Bill. As in the case of the others, these families are also found among the Bahutu familios here. The native inhabitants of our country have many relatives in Bugtlfi; parents-in-law, cousins and uncles. Thus, for example .. Kikaga of the Abumva family has nep~ewa call Ntibakiranya and Macumi at Shoza, in the Katamba sub-chieftainship. At Rumandari in the B~ama sub-ch1ofta1nah1~: all the Bashubi are related to those ofVuza In the Ngwebe sub ... chieftainship. The Muhutu Ntibihonoye of the Aba.zansa family ia at Kasenyi in the Katemba sub-chieftainshipi a large number of his near relet1ve s are in Bugufi, pa.rticularly in Kiromba-Ngwebe. Inter.marriages are numerous: affidavits for marriage between persons • from Bugufi and those 11vi:ng here are often regL·tered with the Mwhinga native courts. Allegiance of the Chiefaof Bugufi Before the British authorities took over Bugufi, the various chiefs always recognized the 'sovereignty of our kings: 1. Preser1ts- offered to the king in certain circumstances: the presents offered to the king were numerous, some being ~n the form of' hoe rents, and others consisting of cattle. If these presents were sent as a spontaneous gesture, they were called "ingorere", and if they were part of the booty taken in raids on neighbours, they were called "umwiri". In the time of King Mwezi, Ruvubi sent these rents through BIGEZEHI, of' the Abanyakarama family. The son of Ruvubi, Rusengo, also ,maintained · relations with Mwezi through Bigezehe and then through MUKUBANO of the Abarimbanya family. MUKDBANO was ofton accompanied b1' NrAMBWE, of the Abashubi family. In the time of King MUTAGA, Rusengo continued to send Mukubano, who even received five head of cattle from the king. After the death of MUkubano, he sent Senyambo, Semuhomye and Chabakanga, Rusengots yoUng brother. These last three continued to carry out their duties after the acce selon of MWAMBUTSA. On the death of Rusengo, his son Kinyamazinga sent five head of cattle to announce the death of hie father by the same three messengers named above. Like his forbears, KinyaxaaZinga / c.ontinued I continue~ sending these political presents to the King until the British toolr POf~S0SL1io::'1 of that province. It even appeaJ:'s that Kinyamaz:tnsa continued doing so for the first few years after the separation. 2. Lilt" ot.her.. chiefs, they used to go and spend a few days at the royal court: guahengera. According to what older people say, Ruvubi and ...... "' ...... Rusengo came to the court of Mwez,1 on sever~l occasions. To report only , . nong } 0. more recent happening: On one occasion Rusengo did not share the 00"'8 I obJvained by l'1aids on the chieftainships of Busokoza and Mbenzabugabo, 'Who ~ugufi; ho,d beco:ne unruly and rebellious. Fishing in troubled waters, Rusengo the 'i·dshed 'to ~.1i:eep all the cattle' he had been able to take. \"hen Mwezi 1. the l0~l~ed of ~his he requested help from the Germans, and they sent soldiers ;\1neh1:p : ~mo ~rre~ted a~d despoiled Rusengo. Together with much of his catt~o he 1;6.S :Jl"ot.1ght before ~;:wezi. Rusengo asked for. pardon and solemnly prom:!.sea. :::lot to o:~i'en<..l egaj '11~ As a sign of .pardon the king gave him thil"'ty hoad · of cattle and a bull. . Frc!Y.l. t:len 011 Rueengo regu.larly paid homage to the kings, Mutaea and persons M'tI;:un.butF3f.~. Once· Rusengo went to visit Mutage with Kal1bwmni, sent on • dnga t:1~;t occasion by his old father, Busokoza. Lat0 1" , Kaliu'H'8.Illi went with :Rusengot s son, Kinyamezinga. ", ~he 1nst to attend Mwambutsa's 00urt was Kinyamazinga, but only after 'Ghe tiS~l. :hiefs tA.king.",' over of :'3ugufi by the Br! 3. They used to receive cows from our. kings. It is established that ~sents :F:'~vu)i and. Husengo received cows from M,,,ezi. Rusengo received svID.e from lnts" 3",xtc.Gt1 ~I;.:ld. thc queen mother. When he was in atte11dance at the court o:t" Yi~;\"\'YJl'bu·~Ela, Kinya;m.~z:i.nga received some, as did chief Mbenzabugabo. part l~. They used to ·cake part in various feasts and public rejoicings. The .". 1.~1F:t to pSl"ticiIlate w~s Kj.nyama~:J.nga (around 1921), and 1t was then th£'.t he lEZEBI , :':·0c~ivef. tho last cow from the Mwami. rrhi's was at the feast for the Ltained novrind 0:E' sorghum: Umuganuro~ It was likewise on the occasion of these the feusts that the other chiefs also received cows. · the 5. I:'l 'Gime of war they always took their places in, the royal a;rra;y·. \·nlG~l Kanugunu and Mbanz,abugabo, later Busokoza., rebelled, le,ing M1.,ezi " who a~p'e31ed 'GO tho army of Rusengo in order to fight the rebels. of Thf pX'incip:ll language spoken in Bugufi is Kirundi. Svrahil~. ieno""T 'bt:1U.2,l'..t 5:'J Jehe 13cho018, 'and there are many nati~-es who he;ve come f;;."'ort1 other· 2l.:'('C::,S a O'.e, he..i:,e j,~t:r.o(].uced some foreign words. !·ianrJ.erA Cil"'l(L CU8t:>11.S: :a Jif., ·;-~~C '\:J:i:!.iliGS are the same, almost all the tustom.s and beliefs 8.1"e l.i~10 ('"4 ,,"I~ ...... ,ed ).,~'" ..' J.. ./ t f) C.. INote: ...... ~ __¡Yote:0-' Meny catt10 raiscr~ in both túrritoriüs havo •abagabiro'from one or thc other, sido of the bordar. Moroover, in 1944 the terr:i.torial court scttled. many C€l.f3GS in vhich inhabitants oí Bugufi claimed "an Inyokorano" from tho n;~ttives 1iVi:16 hore. Thoro are no", many barundi who have o.bagabirc in Bucufi ancl who would likc to make kwokoza. There ia .movemen back end forth across thc bordor of abogubire that are with their shebuja -....;;¡---.- 1 end not much oí 8uch activity is sean along other bordera. 3conoroic Rolations bctw0en Bugufi and Urundi: ------_._.---_...::::..------.- It. oannot bo deniod that tradc i o con-stantly carried on between the no.tivl.'s of Bugufi end thoso of tho adjoining aroa tn Urundi (the Butambulra) tEh:!.s conciete of nativo products such a8 hoce, foodstuffs, earthen,,,,are, antl ca forth. Traffic. in Europoan manufnct,urGd goods and in cattle and other ::i.ivo stock i s prohibi tod. by the Custoros .;:'oGulations, but i s lmown t.o be c':.rried on unlal'rfully. In short, trado m10ng thG nativos acroas the border has developed to snch en extent as to bú moro like inter.provincial traffic in tho heart of The preFJ0nt bounclú.:ry bct1'Ken Urundi and Bugufi ie only of very recento o1'iein (1922) anc1. ig a purcly European affair. The traditional north-eaGt :.:'rontier of our fJtato har;] &lwaYG bOOl: tI!':.; Ruvubu, a rival" which he,s alvrayü ::'..n~vod as a boundary bút\TG(~n Urundi anrl ·USilvTi. 23 Mar'~h 1946 Chi0.L oí' Province, J .B. NrIDENDEREZll. (signed) J.B. Nt1dendereza (b) Ub[2J(;rvatioLD 'b;y thc Bo1cian local administration in Ruanda-Urundi --_._- .. _.... .-,,-,. .~.- - ... "----,------Torritory of HUEJ.Dda-Uru.ndj, Uoumbura) 9 J\.ugust 1948 ITo. 5363/Cont.OHU 1 havü "che hfmo'n' to :cci'CI' '::'0 tl¡:; .f.Je,titjcm o'3u'bf:litted ta tho Visiting liiscion by tho I1\'J[;:JÜ O.:' Urundj J El C')]JY nI' 'r,rrduh you wc,ru Gaoel cnough to :)Gnd rile by lott0r clai~(;'¡..'#; f.uClJ el, J91j8. Tho subjGct 01' J~l!;.~~ ·!Jr,tJt~.~m j.:J (,ut,ülc thc. compctence of the local Cry, .:..:1"nT:lont. Th(; 'i\;r·~·.: t')Y'y :;J ~.ront:!.c:r:l ' .. rr.JJ:'c., fLx(:d hy tho Lúo'Que of I/[';'"Gionz c.ocision oi' jl :;,~H:'l1 :-..:.¡~ l:·)~~~)) r~j, 'r:Ln, cun1.'j rr:1D.t~on to R.M" tho KJnc f'.;2 thc Bel(Sian8 'j.... t1J:, l'lr3.n(l::1tf. ':., f '.1. ;~h( ...... ~:, r.i. Gor-y. B';'t Hard Copy Avallable 1 piro'from one or I em therefore tranam1tting thi,s reque at to the Belgian Government -r:i.torial court for such juridical action as it may deem fit• . I'an' Inyokorano" I am, Sir, ate" ,1 who have (Signed) M. Smon, Governor. There is,movement To the Chairman of the Viat1ng Mission of the Trusteeship Council Ueumbura. th their shebuja, • 9.bserva~;ton.s .E.l the B1;}t1sh local administration in T~{&a:~~Jc~ .'P~dr.r..~tOJ;l on between the li (the Butambul:n) • NOTE ON THE PETITION DA~D 25 JULy 1948, FRON Mt1AMBUTSA, earthenware, and MWAMI OF URUNDI, TO THE UNITED NATIONS cattle and other VISITING MISSION TO EAST AFRICA REGABDING THE : Imown I.~o be TRUST TE~ITORIES OF RUANDA",URUNDI UNDER BELGIAN ADMINISTBATION as deve loped to AND in the heart of TANGl\J.'JYIKA 'UIIDER BRITISH ADMINISTRATION '( of very recent The decision to include Bugufi in the British share of German East jional north-eaGt Africa was made after negotiations between the British Govo!nment, rhich he,s all-rays represented by Lord Milner, and the Belgian GovernillGnt, represonted by' Monsieur Orts. The Agreement from these negotiations wan signed on tho 30 May, 1919, at Paris and reads. ae follows: "The undersigned have the honour to submit to ,the Supreme Council of the Allies the following proposals regarding the B. NTIDEJIDEREZll allocation of mandatee of administration over the torritories of idendereza German East Africa. "Belgl'1Jlll will e:>:orc iee a mandato of administration over the part of German East Africa which extends, to the west of tn Ruanda-Urtmdi the boundary indicated in red on the attached. map. "Great Britnin will exercise a mandate OV(3l:' the' parts of ,gust 1948 the same Colony which are not alloca.tvtl to Belgium'!. 2. The map referred to in this text is: not now available in the Secretaria:t in Dar es Salaam, but tho verbal doscription attached to the the Visiting text of the Agreement is as follows: 1 enough to "From the point where the frontier between the Ugand.a Protectorate and Gel~ East Africa cuts tho rive Mavumba, a )f the local straight line in a south-easterly direotion to point 1640, about lGue of 15 kilometres soutb £outh.woot of Mount Gabit"o~ 1"1" tho KJnC IIThence a straight line in a southerly direction to the north shore of Lake Mohazi, where it terminates at the conflnence of a f_~_, ,~ .:.' r.c.;;.__' _'_'''''''',,"_-,0'_''.._', ...... ' "_m_ ....., ...... ,011..,_._.'-..,_.. __. /rivar situat",d Pase 44 river s1tuated about 2 1/2 kilometres west of the. confluence oí the River Mailala; "If the trace of the railway on the west of the River Kagera between Bugufi and Uganda approaches w1thin 16 ki10metres of the line defined aboye, the boundary wi11 be carr1ed to the wast, fo11owing a nd~imum distance oí 16 kilometres from the trace, without, howover, passing to the weet oí the straight line Joinina the terminal point on Lake Mohazi and the tOl? of Mount Kiviaa, point 2100, situated on the Ug&lda-German East Africa.frontier about 5·kilometres south west oí tha point where the Rival" Mavumba cuto this frontier; "Thence· El 11no south... enatwords to meet, the southern shore oí Lake Mohazi; "Thence the watershed between the Taruka end the Mkarange and continuing southwards te the North-Eastern end of Lake Mugesera; "Thence the median line oí this lake and continuing southwards acroas Lake Ssaka to meet the Kagera; "ThEtncc the couree of the Kagera downstream te meet the western boundary oí Bugufi; "Thence thi S botmdary to i ts junction with the eastern boundary oí Urundi; "Thence the easte:m and southern boundary oí Urundi up to Lake Tanganyika". This'is the boundary that was inserted in the British Mandate for East Arrica, confirmed by the CotUlc!l of the League oí' Nations on the 20 July 1922. 3. Before 1t was poasible to demarcate the boundary thus agreed upon, it bece.me apparent tha't it had the d1sadvantage of being en artificial one and cut r1ght aoroas the domain of Mus1nga, the Su1tan of Ruanda, and through the country oí' a pastoral people. After further negotiations between the British and Belgtan Govexnments it was therefore proposed that the boundary north oí Bugufi should be the River Kogera. Aocordingly, in June 1923, the British Government intimated its w111ingness to join the Belgian Government in proposing te> the League oí Nations that the boundary laid down in the Mandates should be amended as follows: "The midstreem oí' the Kagera Ri ve r from the Uganda .boundary down to the point where the Kegara Rivel' meets the Western boundary oí Bugufij thence this boundary to its Junction ,.,ith the Eastern boundary of Urundij thence the Eastern and Southern boundary oí' /Urundi to Lake I '. I Pe,ge 4; . '~ . Urundi to Lake Tange.nyika". 4. On the 31 August 1923, these modifieations of the boundary were approved by the Counei1 of the LeagüG of Natious. (o) --Observation by the Visiting Mission During ita ~tay at Muh1nga the Visiting Mission visited the boundary of the Bugufi area on 27 July. Geographieally the arca olearly belongs to Urundi, the natural boundarj· between Urundi and Tanganyika. Territor)" being the Ruvuvu River. Furthermore, it seama to be genera1ly agreed that the ilUlabitants of Buguf1 are Barundi. But neither the Bolgian no:r the Bl"it1sh adminiatrat10n was ablo to eey why this area was inc1uded as part of Tanganyikü. in 1919. Both administrations havo promiaed to investigate. Itia suggested that the Trusteeship Couneil should recommend Belgium and the United Kingdom to consult together with regard te the 1'08s1010 return of Bugufi to Ruanda-Urtuldi and to inform. thc Trusteeahip Coune1)' oí' their conelusiona. If the two Governments are favourably disposed to a possible oesaion, there must first be some kind of conanltation w1th the Bugl).fi popula:h1on i1' possible under the aus1'ices oí the Truateeship Oouncil. Anonymous ?etition /6. • q ...... •.. tzl~ 'j:I r.:.,J.. t 1~t.~U., J. page I.f.ó Anonymous Petit1on, undated, reoeived at K1tega on 25 July 1948. 6. 1M (8) Text oí the written petltion (Th1s text vas tranamitted to the mambere oí the Trusteeship Couneil 1n document T/PET.3/6 dated 20 August 1948.) Primary needs of Bur'Und1 ...... ;;,,;,,:------. ... NOTES for the Un!ted Nat1one. l. en schoola: (a) schools tor the working clase: ~\aona, earpentera, etc. b (b) girla' sehools: There ie atill no adequate ed:t1cat1bn tor Sirle, (ú) Goyernment achoo1a. for a11 those wh() are nei-ther Catholice nor Protestanta, sinee they ahou1d aleo attend achoole. (d) Perenta who are able to pay for their ohildren's educat10n should. be free to send them to eenlor Rchools ~ The Govern.ment should cc-operate ÍJ.l p!'oviding b~tter 8t1Ucat,ion for the more intel1igent children. ~.'tlt On hospitala: ,I (a) Thers should be tuberculosis senatoria and leper hoepitale in order to pr6Vi'3nt the spr.ead. of these diaeasee. (b) Maternity hoap1tals are not Rdequate. (e)' An organizati.on for transporting pat1enta to hoapitals wi thout delay. 3. ....On,...... whipping:..... Whipping should be completely prohibited. For purposee of disciplinary punishment, imprisonment, fines and even whipping, tf confined only to convicta in :prison, should be sufficient. 4. roads: .....en'l...... ,.,.. _ The roed surveyors should employ labourers under cont'ract, and not persone engegad at random. 5. .911 ~~s:pEU:.rY la.E~_f.c2r t~~ na!!ve ~thori tias (Itegeko): (a) prohlbicion of Itegeko "" a11 the workers ahould be paid. (b) Umuganuro (t~tional holiday) - every country haa ita national hol1daYe Recei'y~~~ on 21) .Tu1y: K1tesa. Under sealed. aoverJ addreesed to the "President of the Un:f.ted Nationa": Kitega. (b) Obs~rvati')ns b\· the local administration __ ": I• TErr:itory of Ruando-Urundi Usumburo., no. ~560 /Cer.. t. cr:u 10 AU8uat 1948 3ir, I haV0 the llonour to transmit. to you herewith my observatione pn anonymous petition !lumbar seven. 1 have the honour to be etc. (Signed) M. SIMON, Governor. The Chairman of the Visiting MiAsion of the Tru8teeship Couneil, e/o Chi~f Seeretary Government Dar-cs-Salaam, Tan:~any1ka Territory. Observations by the Government oí Ruanda-Urundi l. Dehoole ...... - ...... -...... - l. Education for the workin!~ clas8: f.. Vocationo.l end craft... training. 1. V0cationa1 Schoo1: building will start in 1949, a credit 0f 5,500,000 francs being earmarked for the Durpoae. It w:lll 'lrain sk'¡ 11ed 't-lorkmen in carpentry, general engineering includi n~ motor nn:;ineoring and will contain a building tradea depar~mc.nt. ! ... dmissícm: on completion of primary school. Coursoo: one ~repnratory year and four years of voeationel traininrj. Ad.l1linistration: eovernms'ni: school. 2. Crnft Sch0ols: aee pamphlet Organisation de l'ensei~nement 110 l·· .. J libre 811beidé 8',rr:;C le concours des missiona. (The Orsanj,zation of SurH3 ¡dieed Prj.vo.te Education wjth the Asa1stance of the Mies1one) sent ~<) Mr. De la Roehe. The craftsman trained in th0SrJ echools will serve the Africen I'opu12t1on 0xclusivel,y. Trainj np,: ...... Carpcntry, te110ring (boot repairing) and locall¡ impor1ont crafts, bricklo.ying. B. f.rlult classes: workm'3n únd craftsmen will be able te improve their '~~m0ral traininr-s a1', lIeveningtl oX' l'adultO schoola, -Che o pr:: rn, '10n 'lf wh'i.ch io explatneti in the above-mentioned 2. FrJucl]~10n fol" 'i-irls lO • • "d .. i!IOi f.lt}j')','rr rr}')Cfli1'Jn for ·jrle ln'tp b")h:ind training for boye, the affarte .'.[jtJf} jn +hin f'i"'~l¡j ;n Y'r·c;'n í :;r'r.l.rf? d.0uld nevert,hr.;10sl3 b~; emphaoiz.ed. The r b"'8t. /Gov Jrnrfv,:1nt lis ___ ._~,~ ..~•.,"...... ~~...-. ... B' *"i» "m "'- 'I'/217/Add.l Page 48 Government. realizes the great importance of the education of women, regarded a8 of secondary importance in native circles• . Besides two teachers' training establishments and an intermediate domestic science school there are already a great meny primary central schools for girls and domestic science departments at the primary stage. In order to give a concrete idea, here are comparative figures for boys and girls in Catholic central schools. (The Protestant schools are often co-educational, aB also the rural schools and the bush schools of both denominations. Hence the percentage given here only applies to a small proportion of the total number of schools. It may nevertheless be considered aa an everage percentage). Glrla 9,536 (1947 figure s ) :Boys 28,096 Percentage of girls: 25.3% -Plana: Our aim la twofold: to provide general education and at the same time to intensify training in domestic science. We shall increase the number of domestic science departments at the primary and post-primary stages and expand primary education for girls. New schools for instructresses will be set up. 3. Schools for Africans who are neither Catholic nor Protestant Present position Theoretically anyone may attend primary school, which, it may be added, would satisfy the missipnaries' desire to have these children under their evangelising influence. In practice, the vast majority of children are Chr1stian. It will be • for the Belgian Government to consider ~hether government schools might be eet up for the use of pagans. 4. Higher Edu~ation The natter of the petition is anything but clear. What preoisely doee the petitioner wish? 1. "Parents who are able to pay for their children I s education should be free to send them to senior schools. If Even if such children are unfit, I say E£: The schools are for those Who, whether rich or poor, can profit by them. t ~e8timonials: The child's intellectual ability must be tested by i genuine examinations and not jUdged by the opinion or prejudice of i one mission achool headmaster. 2. 'The Government should. co-operate in prOViding better , education for the more intelligent children." i I /The Belgian T/2l7/Add.l Page 49 ; . , The Belgian Government ~as already several achievements to record in this field. If it is objected that there ie no university, my answer is: (a) We have been here for a quarter of a century. h university require~ a preliminary training of at least least twelve years, following on education in the home. (b) Aa from 1949, ohildren will go to the "college" which will prepare them for the university. (c) Our Groupe Scolaire may be classified as a Senior School. 2. Hospitals All the points mentioned by the petitioner are either to be settled in the near future or being dealt with now (see Note Number 9 previously transmitted. ) The petitioner Beems to have taken our plans as a basis for formulating his petition. 3. Whipping system A note to the Visiting Mission from the A. I.M.O. Service deals with this matter in full. l~. Roads- It is not possible to engage regular teams under contract because roadwork is not very extensive and the small maintenance and repair workshops move frequently. For this reason ehort~term local volunteer labour is used. fillY other method would mean taking workmen long distances from their homes and lodging them in inevitably uncomfortable conditions, It shOUld be noted that for road construction work the Government is agreeable to and oncourages long-term contracts and organizes camps. 5. Services compu1aorily rendered to the native authorities under custom (Itegeko) (a) Itegeko Formerly natives were required to give their services at the rate of three days out of five throughout the year i.e. B round total of 220 days. Not only has this been reduced to a maximum of thirteen days ~er annum but it has been made possible to purchase exemption at the rate of 1.50 franc per day, i.e. 19.50 francs for the total. Almost all the inhabitants of Ruanda purchase exemption from their labour obligations and 60 per cent of those of Urundi do the 8ame~ /The system Pago 50' The eyatem of compulaory redemption has been deo1ded upon and will come into force on 1 J"anuary 1949. The oomplaint has tberefore no baEde. (b) Umuganuro (Sorghum Feetival), Thie festival doee exiat, and when 1t occura the courts are filled with casee of aaaault, murder, rape etc. For this reaeen the Sorghum Festival ia not encoureged. (o) by the Vi ei Mi sed ...... Obeervatione---...... ------..-,t1.ng . on l. .Soheola The Vislting.¡Misaion feels that 1t hl':\8 no commente to add to . the general ebsarvatio~e. ln Chapter IV of the reporte However, it 18 not without intereat to reeall the local admlniatration's oomment: J "The'oretically a.nyone may attend prlmary school, whioh, i t may be added, would eatiafy the misslor~riea' desire 'to have theae children under their evangelizíng inf1uenee", which would seem to prove the need for a few offieial secular' sohoo1a ln order to enaure complete liberty ~f consciance, free of al1 preasure in education. 2. Hospitala Tho Misalon has no apecial cbservations to make apart from those o,n:ryearin3 in Chapter III (paragra.ph l. PubIic Heo.1th) where it le lndicated that the adminiatrat+on's programm.e inc1udea plana for two san~toria for tuberoular caees, two leper hoepitals and fifteen meternity hospltals, aa we11 ae the purchaae oí motor ambulances. 3. Whipping eystem ... The Miaslon has dealt wlth thie question in Chapter 111 (paragraph 6. Whipping, and paragraph 7. Pr1sons) • 4. Roads The Missron has dealt with this matter in Chapter Ir (paragraph 9. Transport). In view of the deneity of the population, the Mission doee not underetand why the formation of amall teamB of roed workers would involve tak1ng l-Torkers fa"' from their homee. Grase clearing and occaeional or urgent maintenance work juetifies the use of occaeiona1 temporary labour. RAgular maintenance work could be done by regular teama, which 1a the syetem in force, in pert, for certain roada ln Ruanda-Urund1 •. 5• ...... Forced Labour.. The report notad (Chapter II paragraph 11. Public Financs) that the dyetem of purchase of eXe~wtion from forced labour exista and wl11 be compulsory as from 1 January 1949, which anewere the . /petiti.oner te \ ""~!.\._,~.11 '~ '-'~,,~~~_,~·.·_.·~ .za...'1iIlill'r.'.. lilllllinliliit'r_nr_.et_....'ts_e.....'tt_t'_wat_'tn_.·....'· ....'i._n_'rtw_l'....mw_'!,r_·W....'ttWh....'.tIIfS'.....!···,-...... ·._"i".....q¡_tW_bf_'·-_.-._'.-_,.....'·._iJ«_'.....e,_·W'...... w_'...... __ ...... "'.."""'....--ar..a,...... •.·o ... "" ••..... - I ~_ ..... 1 I .- > ~, ....."" lW .' Pase 51 petitioner'e requeat. 6. ,National holiday. If it 1a trua that there i~ P. real deeire on the part of thé population tor a nat10nal holiday· (of wh1ch the M1ss1on 1a not oon~inced) the adminiatration might etudy the matter, taking care that euch a holiday i~not ua~d a8 en occee1on for dieordere. /7 .. Anqn.y~nr.)'l,l f:1. 7• &!on:@ous Fatitio!! do.ted 31 ,July 1948 - received e.t Kigo.li on 4 11,ugust 1948. (a) !oxt qf the written petition (This text vas transmitted to the llie~bers of the Trusteeship Counei1 in Document T/PET 3/7 dated 20 August 1948) RUANDA, 31 Ju1y 1948 To the United Natioúe Mission: Since the end of the wo.r opprossúd Ruandc.. has been awaiting you with feverish impatience j you are rncst welcone. Observe Buc.:nda carefu11y ancl not superficie.lly as do the tourlsto who only drive over the roada. Ge amongst the natiyes. Sea thoir physicul and moral auffering - (1) Phyalcal: pitiable housing, cl~thing that ia bare1y decent and even that ls thanks to the miGsion~rieo ond Asiatics to whom we are indobted for tho importaticn of c1cth into the country. (2) Moral: The natives suffer frcm the nost degrading ignorance. Do not be misled by outwa.rd :;,ppenrc.nces ; that le mere tinae1, fulee bril1iance designed on1y to dcceivo YOli. Do not be mieled: a11 that yau oncounter, 0.11 that you seo, is solGl~r the work of the missionaries. Who.t , you see is due only to thon. Tho Bo1giens carn6 to Ruanclc. in 1916. Since then they have done nothing but exp10it the nativ6s. In 1923 work on the road fram Ususura to Kiguli was 'bE:lgunj and how vlC.S 1. t c·c.rri(;d out? By forced labourers, driven on by "Thips, cnd. paid no "rage:::!. rrhc:t ruad has never been paid for. w,Jl 1:j23 the nativ6s bogan te. tc,ko refuge in Uganda because of: (1) Floeging, (2) Forcod labour, (3) Poverty. Thi.s fligp.t has continuod 1.1.1") t'J the present time and I shall even go c~) fer as t0 sey that if tho oth0~ nations of Europe do nothing to deliver UD from the little Belgien we ohQll all C1'008 the frontier of Ruanda into U(~anda• Atout 1935 ~d tho yeura foll,)winC thoro wc.s forced depopulation of Ruenda to QGttle a part of tho Con:~.~') cc.llod Gishn.ri: 20,000 to 30,000 • nc:tivos W8ro forcibly de:POrted f:r~)T:l RUilll<.L~;" to Gisho.ri, after our King Mutare Lurlar:igura ho.d boen deceivod b;y- ( :pr<"L~if:'\..; tho.t Gishari would be made part of p ...'''1)pnU\. .. ~ ,),. /Extormlne.tion Paao 53 ~rmlnation al th,§ cattlo oí Ruandp. 1>.: the l¡1~b6ipns: The oow ia in Ruenda what riloney ls in Europe. It la the w6nlth oí thenative of Ruo.ndo. .. Thousands and thousands oí COWC3 wcrc: f' x'e i bly to.kon by M. De Bo.:rgrave, Count oí Alt~ne. o.t a SUUl tho.t cculd not oven be called a prico, which was only. paid for the sa.ke oí appoo.!'cnecs. How con a country be saved by o.boJ..ishing i te capltal wlthout replaC' ing i t by en equivalent? That la tho I:lOSt important point for the n!1t:!.vo ,)f Ruonda la To force tho natives to hand over thelr livestock, thü ~()lGif~ Gov0rnment leviad a tax en every boast over six months old; Whüll thJ.¡3 E0D.SUre did not suff1ce, the Govern:m.ent forced the natives to cultivate the bost pnotures und required reafforestation oí the rest of the pasture'lanll. Tho Bolginns allega'as a pretext that our bread ls not good¡ where i~ thE; good bl:'eed to replace oura? CFOpS: No new plante have boen introduced into the country by ihe Belgians j the' coffee plant and the aucalyptus were introduced emong the fix'st Christians oí Ruanda, by Franch, 'Geman, Italian end Dutch mias1onaries, long before the Belg:l.ane ceme .. After all, f'rom 1916 to 194B, what has che Belgian Government done in , J Ruanda? Without going so far..-a,a te 'say that it has done nothing at all, it can ba stated that it has done only what it had to do in order t? survive: . (1) roads making it posoible to moyo about the country to explo1t i t, and. to export vhut tJOX'lnot be conaumed on the apot .. , ¡ (Do not forget that th~ natives havo not been paid tor the const:ruction of this road) ,: (2) inadequ~te hospitals; (3) inadequate subsidies for primury schools; (4) the Etstrida (sic: Astrida?) Gchool for preparing assistents; atld God knows what the "spirittl 1s that th0Y inculcate in the young peQ})lo , . who study there: the splr1t oí' revolution aga1nst the K1ng oí Ruenda., o.s instigated by Bfother Sccondien, Director of this school. Govornmeut. of the Country Ruando. cannot advenco as long as its King and chiefe are not free. "':'.' Up to the present the King of RULlJ'llla has been considered simply as a worker ' , , . 1.. ,;-~ Where are the trade achoola in c)ur country? The young people who f1n.ish primary sohool remain unemployod without advancoment¡ inatead they are conscripted to pay the polI tax nnd for forced labour¡ henoa, some of thGm take flight into Ugando.; othero wonc1er about the country as vagabonds. Eduoation tor girle: Only primary oducation 1s available. There 10 no secondary education. And the workers' wages? ~TO fre~os per day? ~lender wages, alasl What 1e done for the~welfare of tho n~tive? He lmows no trade, abeve 0.11, he has no freedom, ha must engGgo in forced labour every morning, while thc whip falls on his back -- poor nativo! Whore are the industrial 80hoo1s, the trade sohoola, where i8 the woll-paid work? For the little progress • that you seo, thanks.must b0 rendorod to tho Catholic Church and to the missionaries nnd not to the Belgie~8; in this eonnection we must thank the Bolgians because thoy havo not: groatly hindered the aotivity of the missionaries tl' Ruanda begs the United Nations Missionnot to be satisfied wlth appearancesj it must. learn how tohay wore brought about; lt must stop at various places on i.te journeys to uee tho houses of the natives, and ir neoessc,ry to enter them; it muot [SO among the natives, look at their clothing; it must especially o'bGOrV0 toho poorest olasses and not tho assembled ohiefs 01:' tho peoplG ¡¡ho rOE: i.do in the oity ond i ts ot'.tsk1rts¡ for all -t:.hat represento complote. sc.botr..tge. Thanks again to t"he missionario['" it 1e almost everywhero possiblc te. fjnd a few Banyarwanda 'who speak French,; question them and they w:i.l1 toll you tJ.:.at the Bolgians have done nothing bu't Do ex:ploit Rue.nda and hindor its intolluctuo.J- und material advancement.~ , - not ask Bolginn misfJionari(;s f'c:e .i.nforror..tion for they are the most numorous in our missions Dnd t.hc~t must. ¡.'puc~l:: t·"' thcir own ndvantage. The French l1lissionaries will not tol1 YOU vLiry much for r0ar oí comprom.islng themselvos, sineo polit.ico ple",y their l:c.rt bctw0GD l1ntions·. Question the natives and native priests; thcy ·are t.ho üepcndc'.1JIe sources. The people are systematicaIly exploitod, whicL io nC,tural: as Belgium is POOl" and, small how can she enrioh Huc..nda ond Urundi? To place Buanda under the trusteeship of tho 11ttle Bolgian i8 to forCe 'bLu Bolgian to exp10'it the native. How can BelgitUJ1. moet her own nGedc:~~G w011 as those oí the enorrnous Congo, Ruando, nnd Ul'undi? It io impc,JiJibIc. And no one ie required to do the impoEH) j.ble ; if BelgiUJn clninlG t h(; contrnry she is merely presumptuous. The little Bolgic.n, wiLh ~l·it. obvicus oxploitation, has alienated the nativa from the outsot so thc.t Ji' thcl'c woro a choioe between the Belgian i eJ1d the devil tho nutive would IL;livc:r himself to , all the devils rather thc.n remf:d.n tU1der tho truntoCJl3hip 01' thc 11ttle Belgion. ,The Belg1tm la not /really Pase 55 r roo.11y wicked but he ie incapo.blc.; fur uven if he divided h1maelf' tnto O ·thousc.nd pieco i he would nat bo r~d cg.uc..to for his tnsk. Wo therefore bog the Unit,~(l Nc.ti<.;no to come to our aid ns soon as possible, placing us undor the tructo0ship of a greut nation. We wish the mundate to endj if i t doos not, vle t~ro condemned to perpetuo.l inferiority• The Belgian has derived wenlth f'rcm tho livestoclc oí Ruenda., from its subsoil, to the detr1ment of thü n~tiv0~ nnd tho country's well·beins; now it ie more than t~e far him to givo way to a grent nat10n w1th great end· noble ideas for the advancement uf the couutry. Wuht has Belgium done for tho advancement oí' Ruondo.? Not very much¡ and that egnin ie understendab10: a small people has small ideas. We want to seo no more nativos deportad "tI the Congo; twenty to thirty thousand huve been torced to settle Giahar! (Congo); now tho Union Miniare ÜJ trnining workers at Gatumba (north of Kabgagi) in order to deport th6m in thousands by nir after their trein1ng, J to the Katunga (Congo) Central Ccppor Mine .- they' are sent by air, so' that ony who may want to return to thcir country (Ruonda) will not lmow howto do su.. Con El people under monLie.te bc doported without grave injustice? Xt i6 an injust1ce towards the mnndntod c~untl'Y and a serious offance against the nations 'who haya entrustod this cc.untry to the Belgians. Some o,iscussions should taito plo.cc: in the United Nations befare the Banyarwanda can be deportad. Another important question c.rises: Why has our King no share in the pr0ducts of the subsoil? Gold, tin and cassiterite _. why does he not aharQ in these since they are the prOducts of his country? Why should not Euanda and i ts King benefit from i te CWü sub8oil? A country 1e made waelthy by ita products. Why not Runndn? Rucnua SOGG h8r products sent abroad and tor ho!' thore 18 only poverty; wht~t en injusticet The Belgian Government alohc profite trom i t and everything j.s OXI10rt.od. -The Belgie.n.s areconatently rcpeating that Buanda is poor cnd yet tho littlo that she has 1a exportad. le that just? Come what muy, Rur..:.nd/"'.. L. absolutely opposod to remaining under tbe trusteeship. oí Belgium. If' in ·thc sroat ceremonias, as rol:' exempl~ bofare the Raed of e Stato, WG sc:.~ "Lcng 1ive Bolgiuro!" i t ia done reluctentlt to keep up appearances. ,t The Un1ted Nations should pl'.!toct un in the :f'ollowinS matters: l. the large and SIr.llll 1iVt)st()ck oí Ruando, The United Nations should prohibit: , 2. injustiees of nny kindj 3. tho deportation oí' thE;; Bc.nyo.rwcndo. to the -c-ongo; \ 4. foreed labour and flogging. In closing 1 beg the honoun:ble MiG[don to purSUf) i te inqui+,ies carafulJ.:¡ \ /and witll Pase. 56 end with great thoroughness l not auperficia.lly, amoll8 the ne.t1vee, nativa triaste and tha Aeiat1el who live in the country. lO" ~ I turther requeat thi4 Miasion not to show th1s letter to eny wh1te parean whatever, particularly not to the Besident, tha B1shop ot the oountr' nor to ~he mieeionarios, aince after the departure otthe M1ssion they woul examine handwrlttng to catch the acoueer and ha would be meda to suffer tor lt. Ment1on'l!f3 1nformo.tion, but wlthout 'showins the hDDdwrit1ns. you haya retumed presant my letter to tha Unlted Natíons as authentl0 evldence of tha camplaints of Ruanda. Mey the United N~tloneB1ve favourabla nttent10n to Ruanda in har distrees and act accord1ngly. I wieh you n pleasont voyase and prompt returo. citizen ~uanda. A oi " P,S, All the whites end tha Catholic m1silons unantmously resolved to throw you off the scentj do' not let youraelf be dace1ved by pre-arransed receptions. (b) Obeerv~ll.o.ps b{ tp~ 11961 Adminietration Territory of Ruanda-Urund1 Ueumbura,. 10 August 1948 No. 53BO/Cont. ONU S~r, 1 have the honour to aoknow1~dS6 receipt of the copy of aneny,mous pet1tlon MTBU/48/B forwarded by you on 9 Auguet 1948. 1 have no eamment to makQ on th1s document, which I do feel uneb1e to take into eons1derat10n. 1 haYa tha honour to be, eto. (s) M. Simon Governor To the Oha1~ of the Viott1ns M19sion ot the Truateeship Caune!l, Uaumbura. '. (o) Observat10ns"bL1ee Vj.;it1na.11!~s12I.! .. / In ,1ew of the tone oí this communication and ita enonymity the Mission ,considera it inadv1aable to cOInrlent ·on it at length,~enl~ simply refera the Trusteeship Couneil to the p~rts of the report itself wh1ch deal with I , the seneral quest10ns raieed by this petition. Bowever, the following obG~rvutions are necessary: l. The Misslon thanks the petitioner for his advice as te how to eonduct ita vis1t, and has tried notto travel "like tourlsts"¡ 1t cannot, howaver, lt ahare the petitionerts opinion tho.t thc "litt1e Belgian" ia "incapable , The report mant10ne the many brilliarrt o.chievements of the Belgie.n admin1stration .. 2. Colonization oi' Gishari: j,t eeems olear that this ia purely voluntary., /No Atricen \, .... ,r;\ ~ ~._._~~tt ~_~·_"._'"~_.~_.~c_",m''''t_:..~._t~,_t_W,·,j'i:, .'7"'''''''_''1IIIIií7_m.'_ ..._ww_.__m ...... w-."_,,_..._...... ' ...... "' ...... a.....' '_0_,__* __.. •. __ .. T/~17/Add$1 Page 57 No African of Ruanda-Urundi to whom the Mission had ocoasion to speak com~la1ned on this aeore~ During a oonversation whioh the Mission had with Mutara Rudahigwa,. Mwami of Ruanda, at N,anzn on 31 JUly, he stated that he considered that the settling ot Q1shari by BanyaruDude wes not a bad thing because of the over·population of some parts of Ruanda. Tht Nib$ion susseats that the Trusteeship Council should ask Belgium 'to give more information on the settlement of Gishari in future annual reports. . 3. The "exportation" by air of Benyaruenda. to the minas of the Union Mini~re du Haut !(·:\tengo. is in fact oontem.plated. The interview which the membe~s of the Mission had with representatives of the Union Min1~re at Katumba on 7 August nonvi~9d them that this racruiting (not Very extenaive, affecting only 400 to 500 men a year) was organized in suoh a way as to offe~ every desirable guarantee. ." /8. Petition ..... J. T/217/Add.l Paga ,.a 8. ?etiti~.. from ~tthi.otl G:ussamuL~~) not datad, received on 5 August 1948. (a) ~e~t of the ~r,itte~.i,]ion: . ' (Th1s text was transmittod to the members of the Trusteeship Counei! in document T/PFlr/3/8 dated 20 August 1948) Gentleman, It may not be out of place that on thf:,3 oeeasion of your arrival as a "Miasion" sent by the 1'eo1'168 guardiana of our interests, both material and moral, ve have desired te seize this op1'ertunity to expresa to you our sense of a1'p~eciation and profound gratitude before your return to your mother country. First of a11, "re are a11 oí one ,mind in bidding you warm welcome to the country in the well-oeing of whose population you haya taken a deep interest , and whose rap1d and aure progrese towards e1vilization you hava at heart, and tor this we are most thankfu1. We should lika further, to avail ourse1ve$ of this opportunity to add, in a few lines, to what you yourselves may have already sean and ascertained during your tour through Ruanda-Urundi, a brief deseription of our preaent atage of development and of the efforts to hall' ua along this path of the Trustee and Protector, the BelgianGovernment, te whose care we have been committed. From the moment of its entry 1nto Ruanda-Urundi, the Be1g~an Gove~nment has eneountered n:u.marous obstacles to i ts work of eivilization. Deapite the protracted German oecupation, the mentality and status of the indigenous population hava not w'ldergone any change either as regards ·th'eir cuatoma or their habita, or even their old and still primitiva instinct~. For during ~as :the, occupation, Germany coneerned only with selecting a military corpe d'elite rigorously trained for ita cause, while negleeting its dutiea as a colonizar.·'. ' ~ Now let ue eonsider our Trustee sinee ita establishment in the Tarritory under mandate., Immediately after, setting foot on our soi1, it was bent upon the faithful fulfilment of the lawa, instructiona and recammendations of the metropolitan Government. Ever sinca then the colon1z1ng authorities p1unged into th8ir task, hard and ted1ous, as they had to grape their wey almost without g'lidance'• Thanks, however, te the Catholie missionaries who had preceded by a few yeara the new occuPiing Government, the latter was able to make use of a htUldful of the first Christians carefully trained by their Reverend Wh1te Fathal's and of a few edueat,ed soldiers. Nevertheless., lite at that time was ( n'Dt easy 1 for tht-) t:raining of the massea called for sacrifil~es; but the ¡colonizara T/21'7/Add.l Pe.g$ 59 ~olonizers and missionarios cmltinuod their work without iuterruption. In less than three years aftey their arrival, they had to combat the first famina. They gaya assistance to the natives during the epidemics of smal1pox and cereb~0-spina1 meningitis wtlch devastated ~he country fram 1917 to 1919. During this period of effort they constructed more suitable means oí communication: a motor high~vay from Kabgayi to Isavi was constl."ucted and the high,.,ay conn(~ting Kigali with Usumbura wes started so that in 1925 the road was al:r.eady passab1e and ,vas ready for subsequent im.provement. :B"inally, with a view to a11eviatjng thf) hardships involved in transportation ovar long distances by human carriero in the unbearab1e heat of the torrid zone, the construction oí a network of roads began virtually everywhere. In 1927 transportation oampanies had a1readv come into eXistence in Rv.anda-Urundi and our peop1e were gradua11y relieved from this overwhelming l)urden. This mission of civilization owe<.1. i te great progress to the clase connection between Ruanda-Urundi, the Belgian Congo and the mother country. A number of articles of trade., foreign. plants, cereals, legum1nous plante, wood both for fuel and fo!' carpentry, were introduced simultaneouely without interru:p~ion and the two countries entered upon a new civilizad life until then quite unkn~wn. The Goverl"unent co-operatod with the missionaries in i ts efforte to educate the local inhabitants and teach them a new and m.ore methodical system of cultivatlng the soil, p1anting and farming, and instruct them in the arts and crafts~ This was not al1, because in planning the material development of tha ~ndigenous population, i t was a1so neceása:ry to tal~e into consideration 1te moral advancer,nent, the fundament~l princi:pl~ oí ita sv1endid vitality and civilization. - This is the aim .to be attained by the civilizing agency en which it has not fai1ed to bestow every caree The missionaries had already devoted themse1ves to this taSk with the 1-lmited funda at their disposal.. quite ins'~fficient for two peoples numbering some 4,000,000 souls o The Governmerrt came to their ald and budgets for re1igious and educat~.onal purposee were established approximate1y in 1928. SChoole were built for the missions and their aff'iliated homes and placed under qual~.l\ied teachers ~ After 1930 the progr'9ss thronghout. Ruanda-Urundi was noticeable. One could move abou:t in every' part of the ..Icerri tory and converse easily either in Swahili or in French with young eraduates of the schoola or the /Seminary. i2 i Ti217/Add,1 Page 60 Seminary. The latter institution was instrumental in enabling Ruanda Urundi from early on to become a progressive country; since 1930 all the offioes of various servioes were staffed by olerks who were former pupils of the Seminary and had thus become t~~e direot a,gents of civilization. In 1930 another government school was built for training of more highly qualified candidates for the var:'ous se:,:,vices~ Before long this school will turn out assistants for the medica.l and agricultural services, typists, etc. Other normal schools will follow this movement and today we are proud to find ourselves with such promising prospects for a better future. I say this with confid0nce because Rome was not built in a day. Due allowan(:~s being made, "Ti th the constantly; growing zeal exhibited by our Trustee power, in another ten years our progress will be at least tWice as great as it has been until today. In addition to what has been mentioned in this statement, however, there It' were other equally imperative needs ~.,hich commanded attention, namely the campaign against epidemics, mortaJ..it? ar.d famine. To prevel1t ·'~hese 'social evils the Government had to establish a large number of rural dispensaries, take a census and provide for perjodic' vaccinations. The Government reclaimed marshlands and cut a system of irrigation canals which is being extended to help the growing of non-'3easonal crops and provide against drought. All this, further proof of the d~ep concern felt by the Goyernment I in the well-being of this country. I venture to say, nevertheless, that every page has its reverse side. If I were merely reporting to you the good things which the Belgian Government has done to us, I ~·rould not be tell-ing the tfuth» because we also have at our present stage petitions to present and desires to express. To this end we VTould wish 'che.t In matters of internal organization, the Council of the Vice-Governor-General should Je bilateral, that is, it should include the progressi'lTe elements of the incl.igenous population to present their petitions and Wishes; that these should be debated by both sides and orders should be issued only on ~he basis of the agreements reached. Until the present this has not been the case and it is for this reason that we express our w~sh. I have no doubt that everything the Government does is for our good, but unfortunately not all the indigell~us population understands this. In my opinion it is nece~sary to dispel this doubt 80--that in the ge:leral interest of the country 1n1.1.tnaJ. crust should reign between the governors and the governed. In conclusion we wish to thank thE' Belgian Government for all that it has done for us and all that it w~ll ~o for our progress. In it ~e place our confidence and our hopes. /We Wish • bU 2M lb j ¡¿ 2 13 aJE di . 2 2i J 2 ca iiJLJi .da; a: au] !! ~SJ__ . We wish aleo to thank you for the patience which you haya ahown us . during this long stat,~ment which, we believe nevertheleee should be submitted to you in order to ac.¡uaint you with our present aondition and • with our viewe respecting our Government which we appreciate. We know that you will r13ceive many reporta which, in our opinion" will mostly be falee oI' embellished. As a matter of fact" 'the Belgian Government le in a fair way to bring civilization to ua, and lt ia for the United Natione to lend 1t a strong ha...'la. in this task which the former ia fulfilling honourably and canscientiously. I belleve that I have conveyed to you faithfully the thoughts of the progreseive elemente and aleo the general feeling of the people oí Ruanda -Urundi • We hope that you will be goode;~ough te accept this very sincqre expression oí the progressive elemente oí Ruanda-Urundi. The Spokesman oí the Progreesive Elements GASSAMUNYIGA Matthieu (Signed) G. Matthieu Assistant, Second Class Legal Department at'Usumbura (b) ºbserv:ation6 by.. the local A~!~tratien Territory uf Ruanda-Urundi Usumbura No. 5570/Cont.ONU 14· August 1948 Sir, I have the honour to acknüwledge receipt of Petition No. 9 submitted by Mr. Matthieu Gussamuyiga. The only point to note in thi~ document ls that the petitioner, on behalí of the more advanced members of the populatio~, requests the admission of Africans to the Vice-Government's Coune!l oí Ruanda Urundi. This Ciuestion was considered at our meeting of 9 Auguat. I have the honour to be etc., (s) M. Simon Governor of Ruanda-Urundi Chairman of the Visiting Mission of the Trusteeship Couneil, e/o Chief'Secretary> Government, Dar-es-Balaam, Tanganyika Territorys (e) .QPservations by~he Vis!..~.Lng_~i.~,§l~~.2E: The quest~on oí the participation oí Afyj CallR in the Vice ..Goverrnnent-' General's Counei1 i8 set forth in Cha~ter I, paragraph 5, oí the Report. -- /9- .,----Patition 9~ Petition from Francois Rukoba dated 3 August 1948, received on 1 • 3 August 1948 at Kigali. (a) Text of the written petition (This t3Xt was' transmitted to tho members of the Trusteeship Council in documen.t T/PET/3/9 dated 3 Septeml)er 1948). Received at Kigali on 3 August 1948 'Iio the Allies: I beg you to make it possible for me to see you, because I have something to tell you and I am sGnding you a letter about the things I told you. I beg you to give me your adclress and your names, and the name of: General Secretary, African Mandates, United Nations Organization, New York, U.a.A. Francie Rukeba TranSlation from Kiewhill (1) 1. I want to know why, when a young man has money which he could spend for his education, and has in his childhood sat for the examination (of the Brothers) of Charity, and failed it, he is not allowed to sit a seoond time, or why he is not allow8d to study at the school in return for payment? 1-Then a child has not turned out intelligent enough, why must hi·s father lose the money he has spent? 2.. When a child is in the sixth class, is soventeGn years old and is intelligent, why is he not allowed to 'sit for the examination (of the Brothers) of Charity? Education is a new thing in our country and we rpake tremendous efforts to obtain it e , 3. When the sons of chiefs sit for uxaminations at the same time as other children who are not the sons of chiufR, and all fail, we notice that the sons of chiefs who haVE; failed neverth01es8 enter the school of (the Brothers of) Charity. Why is this favour reserved only for the sons of chiefs; why is it not also extendod to tho others? Why inflict that upon the other childr0n, who will be very unhappy when they see that only the others have been favoured; why all 1that? 1. When a man has money, and w5.shes. to ongage in trade and to obtain commercial pramisos like thos0 of tho,Arabs, so that, like them, he may bUy coffee:, castor oil, wax, etc., why io '1 t refused to him? 2. Th~ monElY from. the Native Authorities' Treasuries is deposited in the It;'J.ropean bank. The Europl:ans, tho Arabs and the Indians engaged in trade 0btain mons:J from the bank for thEdr business whon they ask for it. They ~fjt this monr.:y thank8 to the Nfltive Authoritt8s' Troasuries, and the "riT Th;' -;;r::-1nal K ewo.hi1 4 t I'~x\, ()f t,h8 pet.t1.ion wae unclear in a few 'Pa ssa.t':'€: e • !benefita la III 111111 JJ 1I "ilJlIl 11 gft II rI' IIIU.IIII ,: T!217!Add.l . Page 63 4. Why are Europeana whoWant to buyland authorized te OCCUPY such land, and thu.s to compel the ocoupanta to leave their land and seek anether? The· ne.tivee cannot buy back lands sold to Europeans where there are depos:Lt$ of gold, ce.aaiterite, aand or clay. for'brick-making; if the Europeana , . .'T/217!Add,1 Paf?o 6!~ lool::ing for land and mines increase in number and the natives hav0 no right to refuse to give up their land to them, whe~o shall we natives go? The l1tUllber of Europeans in the country is increasins,;I and we do not mow h01" I l1luny ,.,ill be author:l,zed to seUle :l,n Ruand.a. I 5.. ,'nl~n a Munyarwanda posses~es land with deposits of gold, cassiterite, I sand O~ anything else ot value, and l1ua enough money to work it, I ask 1·,hether the State c'an authorize him to exploit it? 1. He kn01v that ·anyone who has lost a case in a district or territorial court can bring his case before the Mwamits court. If he loses his case in this court he may still feel that he was in the right, and that his COvT vTas really taken away from him unjustly; he will suffer thinking of the Goods vnlich he has lost; but he has no further ~ppeal. ~e cannot fail in his l"Gspect to the Mwami, and refuse to accept his decision, without rtu1ninG the risk of angering him. Hhat then can he do? 2. 1'l0 Im/w' that in other countries, both European and Africa, the kil'..g has no judicial functions because that is not his task. He inquires into 'I nat is 'true and what is not true. In other countries, there' are judges 1dEuropeans in charge of native affairs; why is the Mwami judge of ... ,uanda? Justice is not done in the country, because the Mwami is not God c....~cl cqnnot Imow all the lies ,'Thich are told, and may be deceived by liars. What does a litigant do if he is injured by a.decision of the M,.,al11i? r do not think that the Mwami should carry out the duties of a judge. 3 • 'He ImovT that there have alvrays been perverters of the truth and false witnesses in our country; the king might think that he ought to dispossess .... SOl1100ne of his goods; but if later the king learned the truth, the per,son sentencecl had. his goods restored to him. Such a procedure is no longer possible. If a man. has been prejudiced owing to a lie or a grudge, and later thG t~~th comes out, why is his property not restored to him? I ask you to let me know if you have understood what I have vr.c:ttten. My address: Francia Rukeba Cyato Hill Shangugu Territory Ruanda . /(b) Observ9,tlons- Tf2IT1All«';r"~c~,,,,","",,- Page-65 (b) Observati9ns by the local administration Territory of Ruanda-Urundi Usumbura ~6 August 194H Department oí Claims and Personne1 1st Bureau/Cont. B.G. No. 5'f39/Cont.ONO Sir, I have the honour to tranemit herewith the observationa of the Ruanda-Urundi Administration on Petltion No. 10 submitted by Mr. Francoia Rukeba. I have the honour to be, etc. for the Governor of Ruanda-Urundi I (8) p. Leroy ahiaf of Claims &Personnel Servioe The Chairman of the Visiting Miseion of the Trusteeship Council, C/D Chief Government Secretary, Dar-es-Salaam, Tanganyika Territory. Page 1 No. l. "1 want to know ... in retur~JGr paymell:~tt To study at the grou~e acolaire of Astrida, money le not sufficient, nor ie it necessary" The minimum of intellectual, physical and moral capacity le required. The rules for ad.miesion to ·bhe groupe acolaire of Astrida. atipulate: Article 1. Candidatas must have given proof oí intel1igence, a sincere desire to study and regular scheol attendance. They must have followed successfully the normal c1asa cycle of acompletd and organized elementary schoo1 without having~assed two yea~s in any one c1ass, other than the laat, and then only because they were too young to take the entrance exam1nation.. Article 2. Candidates must enjoy good health, hava no physical detecte, be of non-tubercu1ar parents and have a1l their limbsj sight and hearing must "'.:>e normal. Articl~ 3 The age of admission 1a from approximately 14 to 16,,16 being the limit. "_ . . " ' .\. Candidates ba10w the height of 1.40 rri:,~.tre~_·~re not adInitted. ',. 1,. Headmasters are re(¡uested to ascertain candidates' ages before admitting them to the exarnination. Candidatas must not be put forward who are too old (17, 1M years) oI' too young. Artic1e ,4·. Candtdatec must be oí unblemished character. dd /Artiole 7. Ar~icle 7. Oandidates who may even win leading places in the oompetition but are later found not to meet the oonditions. set out in Articles 1, 2, 3 and 4 above will not be admitted or will chic be rejected even if they had won first plaoe. the Article 8.... Schooling shall be paid for by the Treasury in the case the . of all those whOse parents he,ve not auff:tcient means to bear. Pago 1 No the cost and for those whos~ parents1.!'e dead and whose lli'The guardians are unpaid or indigent. l~s f Moreover, if in ~ particular case a rich or poor student is not made permitted to spend a second year in the same class, this is because the tast Astrida faculty deems this restriction necessary on th~ basis of adequate mere criteria. and • •. ''When a child has not turned out intelligent enough z why must his . father.-Iose the money he has spent?" Let us imagine the child to be with his family instead of attending t~e .'iti. .;;;;.P..;..a;:;;:oge_·_-I groupe scolaire of Astrida. In such a case would the maintenance of the boy not cost his father anything? Are not the education, training, food and general maintenance provided by the groupe scolaire of Astrida ~ Yorth the 1820 francs a year pai~ by a father wh0se minimum income is ~8000 francs? Page 1 No.2 'twhen a ohild is in the sixth class .. , Chari~?" Compare Article 3 of the Rules of Admission. A limit has to be established. In view of ,the length of the study perio1 (10 years up to the end of the various branches) it was decided that 16 wou~d be the final age limit, which may not be exceeded on any account. Page 1 No.3 "vThen the sons of' Chiefs ,., Charity". for To preserve stability and contin~ity in the administration, when com pupils are selected the legitimate sons of Chiefs of Native Authorities scm benefit by Article 6 of the Rules of Admission to the groupe scolaire Ord namely: peg "The legitimate sons of Chiefs of Native Authorities shall be enrolled !1.ll-i directly by the groupe scolai:r.e if they meet the age and health eac: requirements, if they have successfully passed through the various It classes of an elementary school and if they are sufficiently intelligent: fac they Will, however, take the examination appropriate to them for the to sake of information." I r ,~P80 I) Thus it is quit.e untrue to state that a chief f s son wil.l facto, Pace I- lJ be admitted, to the groupe soolaire even in the event of failure. In II Or: addition to the accepted individual abilities, the admission of a Th" dd. _"1_ ¿¡idi Si! ai 22 ldl . aa li iSla: 21 ¡¡ a1 12 al Ella: 1d2 Si 12&1;2_ T/217/Add.l . Page 67 chicr's son remains subject to both the appraisement oí tho Board of the elementary soho01 attended and that of the examiníng teachers of thc Groupe soolo.ire, Pago. .. 1 .No. l. "Hhen a man ••• refused to h1m?- • fIi ... , .., ~s f~r as the Administration remembers, no such request has aver been made, as the African merchants engage in itinerant trade and havo littla taste for trade oonducted from established premises. All the Africen merchants who have settled down hava done so in the extraQtribal centres end native oities. There is no legal bar to Africana being gran'bed plots of land in the organized conmwrcial centres, and there ia no discrimination between Africans and non-natives. :E:age 2 Ho. 2 "Tha nlonoy from the Native Authorities' Treasuries" • .... I nr po • The petitioner has not understood the mechanism of banking operations, It catll10t be imagined. that the PubIio Treasuries wou1d grant loans to any :héLividual inhabite.nt for thc purpose of founding a business. Thero can be no question of engeging community fUllds in such adventures,. This io precisely and essentially the role of the banks end if en Af'rican nel"ohent puta f'orward guarantees deemed to be adequate, the bankers wi1l afford him the same credit as any other applicant, whether European or co1oured. AccordinG to the terms of Article 57 of Ordinance 347/AIMO of 4 October 1943 on the native political organization of Ruanda-Urundi, loans may be. grar~ted to the inhabitants. In accoJ.'danoe with these teras, a loan may" be grented. to eny African of Ruenda-Urundi who asks for it and.,fulfiIs the required conditions, for the purpose oí comp1eting, purchasing" or a1tering a dwe11ing made of durable or semi-durable ~aterials. These me~sures are embodied in , ' Ordinance 24/ÁIMO. of 17 March. 1947, a coPY of which was inserted on page 28 of the Blue Book presented to the V1siting Mission by the !1.IMO Bervice. However, en ordinance shortly to be pub11shed limita each loan to 60,000 frencs. • It ie not the Ruanda-Urundi Government's intention to extend this loan faci1ity to operations of a purely comfuercial natura. With regard to the establishment of native merchanta in the commercial centres, 1 refer to what haa been steted above. Face 2 No. 4 • 1l0r, t.he receiuts for the Poll Tax ••• Ruanda~' lIi • ...... , q~• •• ft ThG taxeson bicycles and other vehicles are valid for Ruands. dd lana. .\7 .•• l' tb " • , and. Urundi. Legislation in regard to taxes and dues is identical in Buanda and Urundi. Page Trading authorizations (not permits) for travelling salesmen are valid for Ruanda and Urundi. They are granted to any African engaged in itinerant trade, either on his own account or on that of an~ther travelling salosman, provided that he has no trading establishmen~ for wh:t.ch he pays the personal tax~ and that he ia not subject to income tax. An African who possesses a trade establishment for which he pays the personal tax or income tax and who wishes to engage in itinerant trad.0, may take out a trading:authorization for himself or for another native • in his service. This,' however .. is only valid in the District in which I his trading establishment 18 not situated. The trading authorization is only valid for one territory, so as better to supervise itinerant trade and to protect the Africans as far as '., possible against the dishonest :practices to which the travelling I salesmen are addicted. A permit for• an African to tradeJ in large and sn~ll livesto~k is only v~lid for one District. This is because the permit ~a grarited by the Resident who only acts in his own district. A permit to trade in beverages is granted to any establishment trading in beverages. Page 3 No, 1 ...... t I " I "Why J W;hen anyone l.~e:ve so.. sold i t'l" Contrary to the petitioner's assertion, when eh African leaves his land Pag to go and work elsewhere, that land is not given to someone else. Reference has been made to the instructions of the Belgian Ac1ministration t# es:pecially at the beginning of 1947. These state that it ie the duty of the native authorities to protect the property of Africans leaving their land to go and work 'alsewhere. Control is exercised when the permanent passport is stamped by the Administrator of the territory, Pa who must require -the submission of copies of certificates in the possession 9f the individual (matriomonial situatio:n and inventory of propel"ty) •A brief interrogation of the individual makes it apparent whether the terms of the certificates accord With the truth. ·By letter 2973 or' 20 June 1947 the Gc~vernor of Ruanua-Urundi enjoined on the Residents ·of B'lI.anda and Urundi to take stern measures age.inst! chiefs end notables neglecting their duty with regard to certificates'l and testimonials to be given to Africans contracting to hire out their services. . -' J.{ G.J.. r IJ~v..U..J.. Page 69 Pago 3 No. 2 _...... E t p ... I "V{1',I,,[, ir" o,,!~!!s to false.. ,oY,1dence •••• wishes? 11 Rukeba, the signatory to the lotter, was once implicated in a poisoning case which, although dropped by a European Court, nevorthe1ess gave rise to profound disqulet and fear in nat1ve circles. FrOID 1944 he began to give vent. to his hatred for the Chief BINIGA in a sories oí letters 'Written under a false name. He vas condemned on that count at a trial on 30 November 1944, in the aourss of whieh i t was establishod that Rukeba had leen guilty oí' altering entr1es in tnG Judgment Register of the Native Authority of which he was previously in charge. A transportation order was issued against him o~ 7 May 1947, with a fixed itinerary and restricted etops at Astrida and Kigali. .' , ..; 1 He broke bOUJ,1ds end went to Usumbura to petition thH Chief oí' the , AIMO Service, but failed to declare his real status. He could very well have asked an aud!ence of the Resident of Ruanda when at Kigali. He was condemned for breaking bounds by a Judgment oí the Poliee Tribunal on 31 July 1947. Even before appearing in court, however, Rukeba charged the Territorial Administrator of Shangugu, en ~O July 1947, wlth imprisoning him without motive and without giving hiln a preliminary hearing. Page 3 No. 3 I J "We are taught ••• to build on :tt?" 1 • t The Government does not interfere when Africans ~ettIe on native landa. Such settlements are based entirely on cuetom e Native lands are not bought and sold by the Africans. According to cuatomary eoncepts, title to land ia based on1y en cu1tivation. Page 3 No. 4 "Why are Europeans •.• settle in Ruanda." -No concessions are granted over land unIess the Africana concerned. have given their opin1on, submitted claims (which are scrupuIo11s1y taken into account) and obtained compensation for any rights they ~d'~~~~U(~ to t:t·~sfer. Enquiriea are cenducted most impartiEUly, 'Wi.th fUll . publicity and the active participation of the chief, deputy chief and,; Africana concerned. No administrative pressure is brought to bear on Africans refusing to essign their rights. The~e are, moreover, numerous instances of cencess1c:ns being refused to Europea.."1.s fer no . reason other than that the Africans refused te assign soma right. lO There 1a nothins to prevent Africana l't'om making bricka or from extractina their aand from land held by,them by virtue of cuatomw e ... Page, 4 No. 5 "When a Munyarwanda ••• to explo1t it'l" t" 1 The law doee not authorize the exploitation of mdnea e~cept under agreement. If en Africen were t o apply tor a permit -bo .work a mine, a case which ha.s not yet eriaen, his application would be examinad in the light of his abi1ity and the means at his dispoaal,'" just as if he were a European. l'ege 4 No. ~ "lve know that anyone ••• can he do-Z" .rn 1 __ No one has the powe;r to prevent a plaintifft whatever the co1our oí his skin,'from retaining the inner conviction that a11 the judges hav~ made a mistake, even when his case has been lost in every possible I court: first instanee, appeal and cessation. 1 I All the courts mentioned by the petitioner, {district court, territoriall ( aourt and the Mwami's' court) are composed of at least three judges. In addit1on, since Rukeba's record was examined many t:lmes, if the s1ightest irregulerity had appeared, the President of Ruanda and, in the last resort, the Governor of Ruanda-Urundi, would not have failed to refer thematter to the territorial court which has »ower to quasb, by judgment pronounced in open court, BJ:J:i¡" decision given by the native courts, on the authority of the provisions of Articles 37' and 38 of ordinance 348/AIMO of 5 October 1943 on the native Jurisdiction of Ruanda.Urundi (pages 47 and 48 of the blue booklet supplied by the AIMO to the Visiting M1ssion) • .... ~age 4 No. 2 "We lmow that ••• duties of a judge,," The Mwami 18 not the sole judge. He ie aas1sted by two or more advisers chosen from among the country's notables. In any case, one of the reforrlls ateted by the Govenunen't of Ruanda-Urundi some time ego was the gradual replacement of the ,1 present judges of the native courts by permanent judges. ~1oreover., nothing prevente any native from be1JJg.-:Cep!'esented by counsel, even by a European, in any aourt. !fA Furthermore, there are Europeans in aharge oí' native affaire in , Ruanda-Urundi both inthe Administration du Service Terr:1torist i '''_. ", '" " _",_ ,,'>00_ ,' ~ •__•••/ (Territorial/J ."'·'t'UY-1'$ .Page '(J. . (Territorial Serv1ce Adminiatration) and in the AIMO. Rukaba wae not unaware of this, tor in 1947 he did not hest1tate to break bounds in ard.er. to air his grievances to the Chief of the AlMO at Usum.bura., which occas1oned a complete re.examination oí' his record, Ea~ ¿ No., 3 . ~ "We lmow that i .. reatored to him.? 11 •••• t:q I 1 •,, ; I The petitioner cannot conceal his trua colours. In fact, hia petition conceros only his particul~r case, &ld he 18 merely pleading his own cause, A summary of hie record has been given previous1y, e.nd Rukeba has not so ter ~een ab1e to prove that any oi the judicial deciaions which have gone against hi:m. were unfa1r, On the contra:rIY, when recent1y impl19ated in a case of theft of gold, he did not hee5tate to ~~i~e to the Attorney General at the Eliaabethville Court of ~ppeal, flatly acousj~~ the 8tipendiary Mag1atrate oí the Costermanavil!e Court of brin0ing a trumped-up charge oí theft oí gold aca1net him. Thie 1ast effort oí Rukaba's gives en idea of his moral,value. (o) Observatione by the Vls1ting Misaion ~ ~J • At the pet1tioner t s requeat, the Mise10n granted him en interview at Kigali on 4 Auguat 1948, during which no na'W data were eubmitted. . . He atated, in faot, that his written petition contained all he had tb sey, (i) As regards the first three paragraphe oí the peti~ion, (referring to secondal"'Y education) and the "groupe ecolaire", the point ie that aeleotion for the "group sco1aire" la very strict,. This 18 necessary becauae there 1a on1y one schoo! of this type for the whole of BuancLa-Urundi. The Miaaion has atated 1ts viewa at length on the need for more secondary education eatablishments (see report, Chapter IV). (1i) As regards the, next f'our paragl"aphs oí the petition (referr1ng to trade): Gxcept for the sale of foodstuffs and catt1e trading, the Afl."icano take a very ama!l part in the country' s trade. The report mentions this (Chapter II, paragraph 8 - Trade) and suggests discreet encouragement of native trading. It goes without saying that bank loans to traders are not granted out of the deposita oí the native district funds; the petitioner has not undorstood the meohanism of banking operations. Credit facilities for Africana 'for the constrttction, purchase or oonversion 0:[' dwelling-house s built vith durable and semi-durable materia~s, have existedsince 17 March 1947., LoMa may not /exoeed exceed 10,,000 frenes (the cei1ing w111 ahOX"~ly be 1nereaaed to 60,000) and the per10d of repayment may not exceed "4 years. Interest at the maxtmum annual rate of 3% may be eharged. 'rhe borrower has to prove that he possesses a sum equiva1ent to 25~ of the total loan app11ed for and that thie sum ~1~ reserved for payment of the work for whieh the loan 1e requeated. (111) As regard~ the n,eptt five "p'arag~aphs, (referring to lands and mines): en African does not forfe1t his rights when he goes to vorle elsewhorc. In fact, thc petitioner's main complaint ia that th~re 1a a trensportat1on order against him and that he cannot settle where he 11kes. The local administration, in its observa~ions, g1ves the raasona for his transportat1on. It appears ev1dent that European settlers are not favoured in Ruanda-Urund1, but the Misaion has already recommended the Administration to be circumspect in this connection (Chapter II, pe.ragraph 10). As regards the exploitation of m~nea, there ia no legal diacrimination againat Africana, but capital requirements are such that in faqt the nativos are excluded from any active participatio~ in exorcisirig mining rights (see Chapter II, paragraph 7 .. Mines). (iv) As re~ard~ ~he last three par~raphs ,of the petition, (referring r te Justice):: The fact that the chiafe exercise both judicial and , ". administrat1v.e functions constitutos, in the Mission'a opinion, a . . delicate problem affecting the whole of Africa. It would be contrary to any Africen conception oí authority brutally to depr1ve ,1 the chiefa or their judicia~ powers. Neverthe1eaa,- the \ . organization.of native courts (particularly the 1943 ordinance for Ruanda-Urundij' reveale a trend towards the gradual separation of powers which ought to be encouraged. The same problem also " '.', arisea in conné,ction with the jurisdiction of the European .'.... adminiatrators. The question ia referred to in the report, • Chapter I, paragra.ph 7. Tho appellate prOCedU1'0 in the organ1zation oí native courts appears to offer satiafactory remedies; from this point of view Africana do not seem to be in a worse pos1t1on than Europeana. /10. Petition .1.1 G..J. t I .t1.\.l.u. •• Page 13 10. Petit10n fran Musaa. b1n Kalimba dat,~d 6 August 1948~ received at Kisome. ".5...... - on 12 August 1948. (e.) Text of,the written ~~.:~.t " .Translated from French- Tbe Vislting Misaion"of the Trustees4ip Coune1l:- Pel"so~l reporte 1, the underslgned, Mueaa. I<:8cke'sset b1n Ka11m.ba a:cting as 8. Monitor 1n the Moalem sohool a.t the 'S~ahill extra....tribal cen:tre of Usumbura, beg to report the following inoideJ¡lt: ..') On Friday, 2 July 1948, twe masona employed by Mr. Kunve.r1 cama to my heme and aaked me to write. a le-tter 1n the1r behalí' requesting an 1ncreaae in . their monthly wagea. 1 d1d not want to refuse to assist my black brothers. On TlJ.eSday the 6th instant : was e.bout to leave tor A1.bertv11le on a 15-day hol1day; I wae waiting a t the pert when 1 8uddenly aaw abiaf Bamazan1 Maka.ng1re. holding a. wrltten aunnnens in his hand. He banded me the summons ando sa.id: "You must not leave, you are te appear before the .police camnissioner in the matter of the latter you vrote tor the me,sone employed by Mr. Kunvari". .. On Wedneeda.y the 7th instant a.b 8 a.m. 1 arr1ved at the ofrioe of' the po11ee comm1seioner. He calle(~. me in and 1 eaw tbat he was holding my letter in h1a band. He eaid: "Did ~..ou wrtte this letter"1 1 itrraed1a'tely a.dmi ttad that 1 ha.d written i t. The co:nm; aaio:'::lar aaked me why 1 had done so. 1 • replied that I wanted. to halp oue IrlJr b1.ack brothere who could na!tber• read nor write French. i ''Were you. pcdd for thie," the camm.issloMr asked•. 1 replied in the affirmative. Be w1ábed to kncJW how much 1 hado reoe1ved. and I sald that 1 had charged t~lem 50 franca as a sign oi reapect tor the French language and to cover the fines 1 had to pay in the school. The comm1l:lsioner then sald to me a loud voiee: nI bereby sentenoe rOU to 6 ,monthe imprleomnent tor forgery". I rep11ed that to forge eanething wa.a to cba.1lee what sOOleona elee llar. "Tritten or else toforce El ,·rol"k perm1t in ooaeone v~ favour. . "Shut your' t1lthy mouth~ you mOMey, Ir the comndssiooer sald. u1 am going to suggest to the Governor tha,t he expel you fram the territory 01' Ruanda-tlrundiJ . you w1l1 t:hen be able to go .end lnsult the white people in /the ., the Balgian eonsa" • On Saturday the 17th 1 was callad again to the Commlssloner'a offioe and was handed the axpula10n order. I immedlately callad on Ma.itre'" Fleve:?, and aaked h1m to 1ntervene in my behalf wlth the Govarnor•. But despite h:;.~J efforte he wae unable to do anythlnS for me and 1 lost the 800 francs that -r: had patd to hlm. Of course the :Balgians do not consider a black roan as a pareon wlth a soul and mind of his. own. We are tree.ted 11ka a~lmals and. we are always Qalled dlrty monkeya. For them, we are not worth anything. Should a black person be involved in a court cose with a European and the !atter ""s clearly in the wrong the European judge wll1 alwaya f1nd ths:t he le right, and the poor black man, beca,use of his dark sk1n, will be sent to priaon to suffer there. 1 haya be~n in Usumbura fo!' the past 8 years. 1 am married to a. WOlr"l" who comee from. the Urundi snd we have a child. 1 have w'orked in m:r fielde to aupport my fa.mily" 1 want to remain hare with my dear Moslem brothers of Rva,nda-Urufidl until 1 die. 1 am well regarded in the extra-trlba,l centre p I don' t do any wrong and·1 do not drlnk. I't ia atated in the holy Koran: "Obey Godj obey his praachera; obe:~ the authorit1as". We are thus told that wa must obay too ordera of the Goyernment and ita offlcials. 1 beg the Gove~nor of Ruanda-Urundi to ahow me soma mercy by cancalli"'g the ~xpulslon order e.nd allow1ng me to continue my work as Monitor to my dC'~.Y.' . Moslem children of Buyenzi. (Signed) M. Ka11mba. Usumbura, 6 August 1948c TRUE cOPY . ---,. - MTRU/48!PET.ll Mr. Kunvari Ueumbura, 2 July 1948 Contl"actor Uaumbura We not1oe that you are becoming one of the worst contre.ctora in Uaunitw''',' \ by the way you treat your masona. Should one of your masona come to you and aak for a amal1 loan in orde' to'purchase food or 11quidate a privette debt you always tum him down pitilessly. /Pleasa Please 1norease our month1y wasee so that 1t w111 no lonaer be neo~.-;:': tor us to ask you tor loe.na every week. The tollowine are the name s of' the masona who are wrlting to you: l. Juma. Ndakangura 6. Isa. Selemani 2. Mrlsho bin Kaboko 7. Ma.sudi Ndamurlgo 3. Matafa bln Juma. 8. Mohamed Yusufu 4. Jean 9. Ramazanl Lugombeko 5. Amial Lutaka. 10. Ramazani Muyengo 11. Rasare 12. Rama,zan1 Hamis! 13. Athumani Amla! 14. Rajabu Athuma.n1 15. Ra.shidi Bat!bu 16. Ham1mu Mouto 17. Juma Chimbat1 18. Iama11 Bikumati 1-1e ramain, dear sir, ete• I (b) 2Eservatione by the local adminietrat10n Nom 'l'8oeived. (e) Obeervat1one by too Vis!tlng Mlaelon Thie petltion wa,s·received after the M1seion had left Ruanda-Urundl. The Miesien la net convereant wlth the fe,atR ~'1d "'.e . unable te make any comment in the absence of observatlons by tha adm1nietration to whloh a copY of the petition was transmitted. t!~ /11. ?et1...... t" .• 11. Fétit10n frt;m1 tha ITa.!YflI'-:lt·~.!~~la. Union, .datecl 6 A.usust 1948, reoeived at Dar...es-8a.laa.m on 16 l~Usü.st 1948. (a) ~ext of the written P!"'tJ.~ . Tbis "t9xt was transm~.ttecl to tha Mambars of the Tru.ateaship in doclIDSnt T/PET.2/,3-PEr:.1 .. 3/11 datad 10 September 1948. FROM: - The Tansa.ny1ka Be.hay ~IROBI. KENYA • .,:' c/o Mr. Burehard, P"O. Box 1065, TO:- The Un!ted Nat~ons Organizatici"l, File No. 130 Truateesh!p Coune!1 ,isiting Mission, Pr1vate Bes, Post Office, Dar-es -Salaam. ______~_·_I - Sir, We, ·tlie undarsigned, peor1e of the Bukoba I>istrict, Tanganyika Territory haya the honour to sa;y- to you our warmest and hear'ty walcome behalf of o~ other brothers of Tanganyika. Territory abroad, and to th you much for the disconvenience and bardsh1pa undergone and suata1ned Journey from Lake Success - ;Amerj.ca - up to this COUl'ltry tor the sole purpose and motive of our social, aconomical welfa,re and toba a eye.-w of our eom~arative progreea and civi1isation under tne British Leaders from the year of 1918 up to the present date. The 'British Government ha.s oeen a good tutor under the supervisio the League of Nations and 1s acting now as a. good fathe-r undar tbe' leadership of the Trusteeship Com1cil Nhieh every c1tizen of Tanganyik Territory accepts with much aclmowledgament. 2. On the occasion of the opportunity of your vieit to the terrltory would be very tmfair to h1de tte very complalnt raiesd by the peop1e o the terr!tory on the sUbJect of the se:9aration made after the war of 1 between us and our brothers of R1vanda. & Urundi ... Be1gian Manda te. Bef the war of 1914 the whole country fron~ Dar-es-Salaam up to Kiga11 ... Rwa was known under the name of Deutsch-Oft...Afr:Um.. We were living amicab with our brothers of Rwanda and Urundi vTi thout anJr eomp1aint or trouble at 8011. The neme ,.,as a1tered foY' SOMe reasons aftar the war aboye mentioned and the country was fl.ivided into two zonas namely: Tanganyi under the British 1eade~shi:p 911r1 B¡·T3nc.a & Urundl under the Belgian leadership and control. lIt le Best Hard Copy Avallab T/217/Add.l Pase 77 . , It 16 30 yeara now tllat we haya been and st111 are under the two...powe~ control oí the two di1'ferent governments with the reslllt that our country h~s baen geographically demarcated and boundariea laid tIla' oroasins 01' whic: "Ti thout necesea~y pasa or visa Ul5.y be haavily punished. The peopl~ of :Bu!~oba and B1haramulo have auffared much and are atill suffering , economically and socially on account of that separat10n a,a our natural and co:mmarcial rE>sol.lrces haya been considerably cut down. We ha~ been :c:arryi!.1g g1rle from our Rwand.a e':'ld Uruncli brothars w1 thout restr1ctiona a t all and vice versa our Rwanda and Urundi brothera had been marrylng OUt' girle without fear, now thia may happen sacretly wi1:~h the fear 01' heavy 1mprieonment. We had bfJen trading w1 th Rwanda and Urund1 in cattle 1 goate, sheep8, ;¡ide s and shee for times immemorial, now' this has bean E'topped ando !'Q+,h1ng can be obtained froro Rwanda and Urundi except by means 01' smuggling. In ceneequence 01' that the people of Bukoba and B1haramulo Distrlcte fell ~nto a dire poverty espec1ally as regards cattla, goate,and eheepe whlch "re had been obta,ining by sale ir.om Rwanda 'and Urundi. 3. Following tha International Act oí the Confarence oí Ber11n in 18ª'" '¡1a.nganylka, Rwanda & Urundi should be considerad as one Un!t and as such governed undar one government with the sama lawa and regulatlons, and wa hope that according to the principle that: 'Accessorlum sequitur princ1pale I, Rwanda and Urundl whlch le 'acceseorlum' te the 'principale t Tanganyika Territory, may be once joined to the territory by the kind help 01' the U.NeO. Trusteeship Council. }4-. We had to hail the two World r s Wars as: Oh Felix Culpa. quae nobla meru1t redemptorem, i.a. Oh happy affence which meritad ua the redeam$r, --,'!"l'" T"'.oreo't"er, after the 2nd ter~ Jbl~ war of 1939 we ware happy to aing the . "':'a:rnoua anthem of: Allons enfarl:ts de 1,(;1 Patrie le jour de glolre est arrive the l"'3I=tSOn be1ng t{lat w1thout tpese two wars we had to live permanently , . 'l.'ndar too yoke oi the colonial Status without any hopa at all of a poaslble . E'31f-gover.nment. Still our ~oy cannotbe complete without. belng Jolned ;·71 th our Rwanda & Urundl broth,ers ft 5. We herew1th also beg moat res:pectfully to request your kind. selí to 1et 118 lmow whether following the Right of the Conquast in 1918, Rwandaand TJrundi which waa part oí the Gel~an East Africs. has bean permanently anneX6' to Belg!an Congo, or wha ther 1n accordance with Article l ando 11 ofthe Leagua Covenant Rwanda and Urundi has been marked as clase tB' me.ndate and. 9ubsequently ls sti.ll an eeeantial and integral part of Tangany1ka Terrltor. ~'ri th the pose!b111ty oí, being re ;...u.ni tJ3d aga1n. · /6. Wl th 6. W1th the oomb1ned help of the 'l'ruateeship Oouno11 Ta.nsat~ks. has beOOlnE' tor the Tanse.ny1ka Uativas .and in.habitanta without a.ny raoial ar oolour disor1m:tna.t1on at all under the Contl"ol of the Bl'it1ah aover~nt. We f1nd 1tI theretore 1 mostly diagus t;:lng .~~) be beh1nd the Indian Merom.nts and imm1grants, who saexn and th;i .nk· ·~o be superior to ue w1th much cont13mpt to the rrativea of the TerritorYft '1'1\18 J.16eds no explano.t1on as you may see 1t yourst;)J..f 1.¡h11e tou·."ing the terz':l tO!'J" • F1nally and u~lostlJr we ha.ve· ·~o 'l'equest you tha.t with the consu1tation \rith the Rr1t1sh GoVel"lmlent you may org'3.nize the Nativa Adm1niatration of the Tarr1tory, which :la of the. vital :tmpo-ctance and 1a a ·61ne qua' for , . the futUl"e attainment oí our 'se :":!:' ...government. It i s moatly disappoint1ng to th1nk and epa'al': about the Nativa Tanganyika Administration which has I 110 proper Centre a.nd Headquarter'8 a t. all. We kn.ow Dar-ds-Salaam the Centre and HQ" of the. Britiah AdminiEltra,tion, but where 1e, the Hq. of the Nativa Admin~atrat1on. in TaDé"anyikat There are indeed some smrJll sca,ttered centras in aach Province of the territoryand 6ach centre with quito different vlews from tha other, if tor exa.mp1e you may a.sk a Chiaf of Dodoma about what happens in the Lake Provln~e or to S1ve you soma sketch oí soma re outs1de the visitina M18s1on t s Jur1ed1ct1on. The M1aeion considere, ~ moreover 1 tbat tho pet1t1oners do not advance any set1.ous ¡rOuMa to Justify cona1derat1on be1ng given to 8uch a requeet. Pet1t1on /12. J P'~ 12. ;fetitl?n from Clemen~ Nt..;.L~. dated 18 Ausuat 1948 .. reoeived at n....r·aa·Salaam on 27 Ausuet 1948. (a) Taxt of the_wrlttaI;l Eet1ti0l1- Thia text was tranamitted to the mambera of the Truateeahlp Couno!l in document T/PET.3!12, datad 10 September 1948. TRANSLATION FROM KI8WABILI Teachers' Tra1n1ng Sohoo e.M.S. Katoke,t P.O. Bukoba The Un!tedNations Organizat1on, 18th August, 1948 Trusteeship Coune!l Vie1t1ng M1as10n, Private Bag, P ,,0. Dar..... e a....salaam Gentlemen, It wae a matter of pleaeure to me when I heard about your v1ait to Ruanda and Urundi to see by yourself the progresa of these countr1es. .The writer ot the above la living in an alien country, at tho Teaehera' Traln1ng Katoke, Bukoba d1atr1ct .. but in fact 1 eame from Urundi in the to\o,n ot K1tega. I was pleased when I heard that 1t was posaible to write you and tell you aomethlng about the countr1es already mentioned. 1 had a lot to say, but sinee there waa no one whom I should have told, I now take the liberty oí expressing my viewa on the administration and the \ progress oí the aboye count.riee from the time, they were adminlstered by .. the Be19ian. , It la a matter of eurprise becauae the most backward countries in ",. Afrlca are Runada and Urundl. We have hoped that progress will take plaoe with1n this year or year to come, but alas! nothlng has since materia11sedl ~"erefore we concluded that the intentlon ot our Rulere was not to make ua advance, but to explolt tha country. We are indeed grateful to them for { they have made good roads and planted 'many treea, out 1s tha.t the only \\ .¡" progress1 There 'are so many chl1dren in those countries who ohou!d have 'tI,1 been at sohool. These oh11dren are the Chiefe' portera and are pald nothlng. There are no echools. There la only one school at Aatrida, I Ruanda: and tMs le on11 tar Chieta' 8 sons and rich people. It la of nr- , use to th~ pe ople •A amall proportlon oí the people wl11 advanee while '. a larga proportion remain very far behind. There are many bush schoole moetly run by Reman cathollc and C.M.S. M1ssionarlee who teach how te reFl d and. write and thua a.re eonsidare4- to be actively eneaged on ed.ucational rield. /Thore . There ia another aurpr:le1ng quaat10n in conneot1.on with teJe pa1d by Africana: th1a bringe no benef1t to the oountry, Afrioan tax ant1 cattle tax are annually 1ncreased and WMD ene looka around there no Native hospitals Ol:' Native Adm1nistrat1on schools. In th1s -respeot we have much doubt and uaually conolude "the Europeans have com.e to make ue peor". It 18 impobaible for a sick ~n to walk a distance oí' fifteen miles to a hospital. Many Jieople die- for the reason of being vory tal" from hospital. In S0fu6 casas a manIs 1i1'e could be saved, but ir he had a dange;r-",us tever oX' other diseaae he diea in the present circumsta.nces. In towns whereth(;)X'e. are hosp1tals 13ick people are kept in amall huts resembling a neat, fa.!' trem the hospital and when it is the time for treatment they attend hospital and then retum to their respective huts lI When speak1ng oi the aboye! have particularly in mind place.s like Ruyigi, Kitega and Muhi:nga. A country ahort oí' hesp1tale andschools 18 aleo short oí: progresa. The Administrators oí' the ceuntryhave caused some sort of feal." to the people·, I .béca.use our Chiefa cannot say anything ií' that point needad consultation with the Government: any one daring to 'do so 18 likely to be pun1shed. Therefore Chiefa have no power over their adminietratio~,which1a weak. The whola power 18 on the hands oí' Europeans. Chiafs cannot inltiat1ve a project tUlt11 it oomes from the Government. only. In other words, the administrat10n la rattar oppressive. Nativas are not in safety. This can be proved by the ract that so many people have moved out of' the oountry to go and work as porters in Uganda and Bukoba and they do not wieh to return home ~galn. The reaeon is that in the country . . where they oarne froro they usad to be lashed on their buttocka, men a.nd women alike. In add1tion they worked hard on profitIesa wor.ks" making roads" and keeping watch in tO'VIlS. It must aleo be realizad that our Government pays no attent10n at al1 tq the Africans for, lnstead of a nativa progresslng on the resources of his country" thosa resouJ"ces are merely wasted. TherEl 1a also a question of celling upon the A:f'rican to subscribe eggs, chiokens, and other products requlred by Government, and Africana are troub1ed much to give out these things and are not ~ld even a. single C6i1.t. /J If a,n Atrican has some money for whlch he wiahes to open .. anal1 business in a village he 1a forbiddan and permiesion la only allowed in big towns. Please exouse ~ for wasting your time in read1ng my letter. I am, Gentlemen, Yours obediently, "'f" •. (Signad) G. Clement Ntl1empaqa I( b) 9baefV:.a~..lona • It· 'i' ... "_.. • ... PQ8' 82 Observations by the looal administration, None reoeived. (0) Observations bl the Visitips Misaion This petition was reoeived after the Mission had left Ruanda-. Urlindi. It raises oertain general issues (eduoation" schools, hospita+s,.oompulsory labour etc.) all of whioh are dealt with in the report itself, and the Mission does not consider that it need add anything here. ....--