Protectoiatej COUNCIL REPORT, of the SELECT COMMITTEE on RACIAL DISCRIMINATION PRICE: 50C (EXCLUDING ANNEXURES 25C)
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BECHUANALAND BECHUANALAND ,EGISLATIVE ( PROTECTOIATEj COUNCIL REPORT, OF THE SELECT COMMITTEE ON RACIAL DISCRIMINATION PRICE: 50C (EXCLUDING ANNEXURES 25c) CON TENT S. l Report of the Select Committee on Racial Discrimination. 2. Proceedings of Committee. 5. Minutes of Evidence: Written from Members of the Public. Oral from Members of the Public. Oral from Heads of Departments. 4. Chairman's Draft Report, 1016001 RE~PORT OF TE SELECT CODMITTEE ON RkCIlj flI3CRflttiT.TON Appointed b7, Order of the Bechuanaland Legislative Council dated 26 July J.962, and consisting of the Government Secretary (Chairmaa),j h AC.A. Adams, -the Administration Secretary, the Assistant Attorow General, the Finance Secretary, Mr S. Waama, Tr QK.J. Masire, M~r Z, Mynhardt, Mr L.D. Raditladi, Mr G.11. Sim, Mr T. Tsheko, lbr A.M. Tsoobebe and Mr H.S. van Gass; and with the following terms of reference 1. To examinie the laws of the Bechuanaland Protectorate with a view to determining which of the laws are racially discriminatory, 2. To make recommendations as to uhether such laws should be amended or repealed to remove such discrimination, =nd the nature of such amendments as may be proposed. 3. To examine all practices which distinguish between persons according to race, and to make recommendations, in particular, 4. To consider whether all schools maintained from public funds should become either English medium schools, or Tswana medium schools, open to children of all races subject to certain conditions, and if so to make recommendations regarding the manner in which this proposal should be carried out, especially in regard to (a) the date on which it should be implemented (b) the conditions to be attached to admission to schools (c) the financial, administrative, and other implications. Your Committee begs to report as follows Preamble. 1. The Committee met in all nine times. The Chairman was elected at the first meeting on the 26 July, 1962. At the second meeting on the 25 November the Co.wmittee decided to hear oral evidence on discrimination from Protectorate residents and also decided that the matters for enquiry within its terms of reference were as follows:(1) The Legal and judicial systems. (2) Differences due to the existence of the Tribal system. (3) Statutory discrimination in general. (4) Statutory discrimination of a financial nature. (5) Matters for which the government is directly responsible. (6) Educatioi (7) Discrimination in the non-Government Public Sector. 2. In order to assist the Committee in its deliber.-tions the Chairman arranged for notes to be prepared in the Secretariat as background information for use by members of the Committee. These 'notes were circulated to Comittee menbers and set out certain of the considerations which it was thought Members would wish to bear in mind. 3. At its third meeting on the 15 January, 1963, the Committee began' consideration of the Various matters for enquiry and agreed upon certain preliminary views concerning statutory discrimination of a general nature and of a financial nature. Consideration of these matters was continued at the fourth meeting on the 5 February, 1963, and agreement was reached on further preliminary views concerning official practices, education and private and social.../ social practices. 4. At the fifth meeting, which lasted froa the 18th to the 21 February the Committee heard evidence in public from twenty- seven witnesses from eohuanaland covering many and varied aspects of racial discrimination. The Coa;ntttee next met on the 23rd July, 1963, to consider further procedure and the need to call further witnesses. It i as agreed zt this neeting to call the Hcods of v:rious Goveri*ent Dep-rtments and other officers to give oral evidence concerning matters for which Government was responsible and it was also agreed that, of the matters within its terms of reference, the existence of different systems of courts with jurisdiction over different races and of tribal systems with authority over Africans only, was not in itself discriminatory, and the Committee noted that both these matters wore under active consideration by Government. 5. On -the 12 August the Committee met for the seventh time to hear evidence in public from the Heads of Government Departments. The Committee subsequently met on the 23 August to consider the questions of integration of schools and the question of discrimination in taxation. 6. Finally on the 1 October the Committee met to consider a draft Report brought up by the Chairman and agreed to in its present form. Introductory. 7. The evidence heard by the Committee, both from witnesses representative of the general public and of the Government service, and the deliberations of the Committee itself brought many and varied aspects of discrimination or alleged discrimination to the notice of the Committee. Several of the matters mentioned in evidence bore no direct relation to the question of racial discrimination and some other matters mentioned in evidence concerned events which occurred several,and in some cases very many, years ago. Being satisfied that some form of racial discrimination does in fact exist to a greater or lesser extent in the various public and private spheres of activity in Bechuanaland, the Committee was mainly concerned with recomnending remedies rather than with establishing whether any particular past incident was or was not an instance of racial discrimination. 8. For these reasons the Comittee makes three broad recommendations in this Report which all, in its opinion, ensure that racial discrimination in legislation, in the civil service and in the public sector will no longer be permissable and will be abolished where it may exist today. Throughout its deliberations the Committee recognised the fact that the existence of two or more different racial groups each with different languages, customs and heritage has produced different communities which only in recent years have begun to merge socially, economically and politically. The Co-mittee considers that this process of merging must, in the interests of building a nation in Bechuanaland, be guided by the principle of racial equality. 9. It is clear to the Committee, nevertheless, that the differences which do exist as a result of different languages, customs and legal systems rather than race cannot be considered as evils to be abolished overnight and for this reason the Committee has agreed upon a definition of the phrase "racial discrimination" which, while seeking to expose pure and indefensible racialism, yet recognises differences which are justified in these special circumstances. General definition of racial discrimination. 10. The Committee has adopted the following general definition of racial discrimination and has used this definition in order to determine whether such discrimination exists in any of the various spheres of activity in Bechuanaland into which it has enquired under its terms of reference. 11. Subject to the qualifications set out below racial discrimination means.../ means the affording of different treatmentto different pezso= AttribUtable wholly or mainly to their respective description by race Vhqreby persons of such description are subjected to disabilities or resbtrictions to which persons of another such description are not made subject or are accorded privileges or advantages which axe not accorded to persons of another such description. 12. The qualifications referred to are three. In the first place it is not considered that the existence of different legal and judicial systems in Bechuanaland, with the implication that differential provision may arise and indeed be 'necessary to maintain this, is itself discriminatory. It must however be noted that not all differential prevision in relation to courts is at all necessary to maintain the existence of these separate systems, for example differential provision in relation to witness fees is clearly discriminatory. This is not to say that the objective should not be the unification of the different legal systems of the Territory, but only that for so long as they may exist one cannot view the implications of this plurality as amounting to racial discrimination. Secondly as indicated in para. 20, the Committee considers thamt the existence of the various tribes and tribal systems in Bechuanaland, with Chiefs and other tribal authorities having jurisdiction over Africans only, is due to historical reasons and is not in itself discriminatory. The question whether this position should continue is considered in para. 17 to 21. The third qualification is in respect of differences in treatment found in laws or arrangements designed to protect a racial group because of its lack of experience or special need, or any special circumstances pertaining to that group, which may be considered to be reasonably justifiable in a democratic society. The Committee does not view such provision as amounting to racial discrimination. However the question whether existing legislation of this nature should be xetained is examined in para. 22. 13. The Committee recommends that a definition of this nature be adopted by Government as a means of eliminating racial discrimination in any walk of life in Bechuanaland; that legislation based on such definition should be introduced removing racial discrvimination in existing laws, and that positive legislation proh.ibtdng racial discrimination should be introduced in accordance with the Committee's more detailed recomiendations. These recommendations are made in