HC Deb 28 May 1952 vol 501 cc1340-1
35. Mr. Hale

asked the Secretary of State for the Colonies why a collective fine has been imposed upon the inhabitants of the Nyeri area in Kenya, for failure to give information to the police; and under what existing Act or ordinance such fine has been imposed.

Mr. Hopkinson

Under Section 2 of the Collective Punishment Ordinance, a collective fine was imposed on the inhabitants of the Nyeri District for suppressing evidence in the investigation of cases of arson which occurred in the district. The proceeds of the fine are being used to compensate those who have suffered losses as a result of this arson.

Mr. Hale

Would the hon. Gentleman please convey to the Government and Legislative Council of Kenya that a collective fine is contrary to principles of natural justice, contrary to the Declaration of Human rights, contrary to the undertakings we gave as governors of non-self-governing territories when we signed the Charter of the United Nations, and repugnant to the elementary conceptions of decency of this House?

Sir I. Fraser

Did not many of us on both sides of this House approve of the principle of a collective fine imposed upon the Japanese for the prisoners of war?

Mr. Hector Hughes

Is the Minister aware that this system of collective punishment punishes not only the guilty but the innocent, and therefore should be abolished forthwith?

Mr. Hopkinson

I would agree in general in regard to collective punishment, but in this case almost the entire population were involved. It was a revolting attempt, not only to destroy the homes of these people, but to burn them in their own houses. These people were respectable members of the African community, including tribunal elders and the Christian schoolmaster of the Church of Scotland Mission. It was an attempt to murder them.

The police and the other authorities, including the chiefs, tried to get all the information they could out of the inhabitants and they were unable to get any answer at all. This fine, which is being used to compensate the people who lost their houses, seems to me in the circumstances to be quite fair.

Mr. Hale

Is the Minister then telling the House that there has been—[Interruption.]

Mr. Speaker

Order. It would assist progress if hon. Members would keep silent and allow the questions to be asked.

Mr. Hale

Is the right hon. Gentleman then telling the House that there has been no trial in this case, no finding of guilt, because no evidence was available, and that because the men could not be put on trial and there could be no finding of guilt, and because there was no evidence, the Government have resorted to this system of collective punishment?

Mr. Hopkinson

I am telling the House that acting under the existing Collective Punishment Ordinance, the Government of Kenya did exactly what they were supposed to do and that they carried out the law.