Papuan Labour

Supply Exceeds the Demand Indenture System Discussed

THE native labour question in Papua has taken on a new aspect of late years.

In his annual report, just published, the Lieut.-Governor, Sir Hubert Mur ray, says that the supply now exceeds demand, and you find “boys” walk ing out looking for work. Labourers can be employed now without inden ture in certain cases, but it is a curious thing that both employers and em ployed often prefer the indenture sys tem.

The labourer argues that, if he is “signed on” under contract of service, there can be no doubt about the rate of wages, or the date on which they begin to be payable, or anything else -it is all provided in the contract or the regulations. And the employer is equally appreciative of the certainty ensured by the indenture system, and be cannot be well satisfied with a labour force which may leave him at moment’s notice. But according to the report furnished by the Commissioner for Native Affairs “free labour” is now becoming more popular.

“The great advantage that the em ployer has under the Papuan indenture system,” states Sir Hubert, “is that it gives him a criminal remedy for a civil wrong; for by our Ordinance a native labourer who, for instance, deserts or neglects his duty, may be punished with fine or imprisonment. These ‘penal sanctions,’ which, of course, are not peculiar to Papuan labour legislation and which apply to employer as well as employed, put the employer in a position to exercise great control over his labour force; and they have met with disapproval in many quarters, on the ground that, in case of a breach of contract, both parties should be left to their civil remedy.

Satisfying A Breach Of

Contract

“Theoretically, it is (impossible to justify the enforcement of a civil claim by criminal procedure, and the first and very natural feeling of any one who has a regard for justice must be one of resentment against what he would regard as a gross abuse of the criminal law.

“But actual experience of the admin istration of a Territory such as Papua will induce him to modify this feeling very considerably and to realise that, if there is to be a contract at all, there must be a remedy for its breach, and that the civil remedy is useless where the defendant has no property of any value, except the few shillings that may be due to him for wages; he is not worth powder and shot, and so may break his contract with impunity And in fact it appears that he does break his contract with impunity in those countries where the penal sanc tions are not in force —e.g., in the British Cameroons —and, I believe, the Federated Malay States.

“The only alternative that I can imagine would be to allow the em ployer to hold the judgment debt over the head of the labourer indefinitely, until it was satisfied; and this might easily lead to a form of debtor slavery which would be quite intolerable.

“Practical difficulties also arise in the case of a breach of contract by the employer.

“Admittedly, it is illogical to enforce a civil contract by criminal process; but, on the other hand, to bring up a primitive race like the Papuans in the belief tha,t contracts may be broken with impunity, seems to be hardly con

sistent with the highest principles of administration. We realise that it is bad to be illogical; but we think that it would be very much worse to encour age our natives to break their con tracts.

“Doubtless conditions are different in the Cameroons and the Federated Malay States, and the dilemma which I have indicated does not arise.

“The time will come for the repeal of the indenture system altogether, but in Papua it has not come yet, and in the meantime we may congratulate ourselves that the system works more smoothly every year, as employers and employed become more used to one another.

“The Commissioner reports that in spection by his officers, far from being resented as once was the case, is wel comed and even invited by plantation managers.”