CAB129-33 — Page 364

ANNEX A

Page 364

SECRET

[C.A. (48) 19

8th December, 1948]

CABINET

Commonwealth Affairs Committee

CONSTITUTIONAL DEVELOPMENT IN SMALLER COLONIAL TERRITORIES

MEMORANDUM BY THE SECRETARY OF STATE FOR THE COLONIES

1. At their 8th Meeting the Committee invited me to consider, and to circulate a paper dealing with, a proposal that an enquiry should be undertaken into the question of constitutional development in the smaller Colonial territories. 2. The latest general statement of our constitutional objectives is as follows:-

The central purpose of British Colonial Policy is simple. It is to guide the Colonial territories to responsible self-government within the Common- wealth in conditions that ensure to the people concerned both a fair standard of living and freedom from oppression from any quarter." (Cmd. 7433, paragraph 3.)

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3. This statement embodies by implication the obvious truth that full independence can be achieved only if a territory is economically viable and capable of defending its own interests. In fact, Colonial territories can be placed in three classes:→→

(1) Those which are potentially capable of achieving full independence; (2) Those which can combine with others to form units capable of full

independence;

(3) Those which fall into neither of the above categories.

4. This paper is concerned chiefly with the third class. But I should point out that constitutional progress has been going on over the whole colonial field at an ever quickening pace during the last decade. These internal developments have gone forward ad hoc, and their pace has depended upon social and political conditions in the individual territories and not upon extraneous considerations such as are involved when the question of granting "Dominion status" arises. Changes in the political institutions of a territory have sometimes followed on the recommendations of Commissions, but, broadly, the individual position of each territory has been under the constant review of the Governor and the Colonial Office. Considerable thought has also been given to the grouping of territories, but the ultimate constitutional status of certain of the smaller terri- tories has not been the subject of any enquiry.

5. My colleagues will know that some consideration was given to the grouping of territories by the Coalition Government, and much progress has been made since then. The form which grouping takes has varied according to the circumstances of each case. The principal developments are:-

(a) West African Council (includes Nigeria, Gold Coast, Sierra Leone and Gambia). No executive powers, but it secures co-ordination for certain common services and regional problems (e.g., research, transport, security, &c.).

(b) East Africa Commission (includes Uganda, Kenya, Tanganyika). Execu- tive power in respect of transport, research, economic regional develop- menag&c364 of 488

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(c) Central Africa Council (includes Southern Rhodesia, Northern Rhodesia, Page 365 Nyasaland). Advisory council of regsentabis 488 these three Governments. Develops certain common services and co-ordinates policy, e.g., labour, communications.

4.

(d) West Indian Development and Welfare Organisation, for advising and stimulating British West Indian Governments. The Caribbean Com- mission, representative of United States, France, Holland and United Kingdom also exists for advisory services and achieves a degree of co-operation in the Caribbean. A movement towards federation of the British West Indian territories is being pursued as a result of the Montego Bay Conference last year.

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(e) South-East Asia (North Borneo, Sarawak, Brunei, Singapore and Malaya). A central government for the Malay States, &c., has been achieved. A Commissioner-General in South-East Asia has been appointed. (f) South Pacific Commission (includes Fiji, Western Pacific High Commission Territories and Kingdom of Tonga). A consultative and advisory body, comprising representatives of the Netherlands, France, United Kingdom, United States, Australia and New Zealand, in matters affecting the economic and social development of the territories con- cerned and the welfare and advancement of their peoples.

6. Of the Colonial territories as at present organised, it is hardly likely that full self-government will be achieved under any foreseeable conditions (apart from association with other territories) by any except Nigeria, the Gold Coast, and the Federation of Malaya with Singapore. There are also territories where our aim is to promote closer union or federation in order that units capable of independence may be built up: (a) South-East Asia, (b) Caribbean Colonies. (c) East and Central Africa Territories.

7. I refer now to the smaller Colonies.

(i) In Africa-

(a) Gambia. Is part of the West African Council and in several

services is associated with Sierra Leone.

(b) Somaliland. Has affinities with both Kenya and Aden.

High Commissioner's Territories in South Africa (dealt with by

the Commonwealth Relations Office).

(ii) In Mediterranean—

(a) Malta. Enjoys internal responsibility.

(b) Cyprus. Constitution in abeyance.

(c) Gibraltar. New Constitution recently considered.

(iii) In Indian Ocean-

(a) Aden

(b) Mauritius

(c) Seychelles

In each case minor constitutional changes have

been made in recent years.

(d) Maldive Islands. A Sultanate under British protection (now

under the Commonwealth Relations Office).

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(e) [The Sultanate of Muscat (Oman) and the Sheikdoms of Kuwait and Bahrein ought perhaps to be included in this list. These are independent States to which British protection is afforded through the Foreign Office.]

(iv) Atlantic Ocean—

(a) Bermuda and Bahamas. They have ancient Constitutions con- ferring fairly complete local government and are not likely to seek an alteration of status.

(b) St. Helena (with Ascension and Tristan da Cunha). (c) Falkland Islands (and Dependencies).

(v) Pacific Ocean-

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(b) Fiji. It is doubtful if Fiji should be included in this list. Administration is assisted on education and medical side by proximity of New Zealand.

(c) Western Pacific High Commission Territories (Gilbert and Ellice Islands, Solomon Islands, New Hebrides, Tonga, &c.). (In the Page 365 of 488New Hebrides there is an AngBarenofd&nium)

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8. I agree that some enquiry should be made into the present situation of these smaller gfritories and the probable trend of their futurasinal de felop- ment. Such enquiry could advise whether it is practicable or desirable to define the ultimate objective in the case of particular terrtories or to lay down any general principle on which policy should be based, to examine any practical steps which might be suggested for promoting healthy political progress, for miti- gating the parochialism and other evils to which small and isolated communities are subject, and for giving the peoples of these territories a genuine sense of partnership in the Commonwealth. It should also take account of experiments Gambia and Sierra Leone, Mauritius and Seychelles), and seek to discover whether the reasons for the abandonment of these experiments hold good in modern conditions. It should consider the present political, legal and administrative structures, and whether by fusion or combination unnecessary waste may be avoided and a higher standard of efficiency attained.

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in the way of amalgamation which have been tried in the past (e.g., *

9. I suggest that the enquiry should be conducted by a small working party of experts. Three should suffice a Chairman from outside, with the legal Adviser to the Colonial and Commonwealth Relations Offices and a senior administrative officer of the Colonial Office as members.

10. I regard it as essential that the enquiry should be conducted on a strictly confidential basis and that the fact that it is taking place should not be published even in official circles. Any hint which might reach the Colonies that such an enquiry was proceeding could only raise undesirable speculations and lead to political agitation.

Colonial Office,

8th December, 1948

A. C. J.

189

Territory

Aden

Bahamas

U.

British Somaliland

Brunei

Cyprus

Falkland Islands excluding Depen-

dencies

Fiji ...

...

APPENDIX

Population

731,000 mainly Arabs

Area sq. miles 112,080

Status

Colony and Protectorate

80,600

4,375

Colony

(62,300 Africans,

12,900 Europeans,

5,400 other races)

700,000

68,000

Protectorate

Somalis

48,000

2,226 Protected State

mainly Malays and Dyaks

449,500

3,584

Colony

:

mainly Europeans

2,200

4,618

Colony

mainly British and

Scandinavian

259,600

7,083

Colony

(120,400 Indians,

118,100 Fijians,

4,600 Europeans,

16,500 other races)

249,300 mainly Africans

21,200

4,132

Colony and Protectorate

14 Colony

391 Colony

720

Colony

Gambia

Gibraltar

Hong Kong

Mauritius

North Borneo

:

:

:

:.

F:

F...

:

:

St. Helena including Ascension Is.

Sarawak

mainly Europeans

1,800,000

mainly Chinese

430,000

(270,900 Indians,

148,300 of European,

African or mixed descent,

10,800 Chinese)

330,000

mainly Borneans

4,700

mainly Europeans

500,000

Page 366ainly Malays and Dyaks

488

29,417

Colony

80 Colony

50,000 Colony