j

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REPORT OF THE
PARliAMENTARY DELEGATION
TO
FERNANDO PO AND RIO MUNI
1957 ' l _' I 0 " Report of the Parliameritary Delegation to Fernando Po and Rio Muni, 1957 INTRODUCTION CONTENTS page THE HISTORY OF THE LABOUR AGREEMENTS Introduction .. .. .. .. .. .. .. .. .. 3 The Spanish Province of the Gulf of Guinea comprises the island of Fernando Po situated some 40 miles from the coast of the Southern Cameroons in the Bight of Biafra, Rio Report of the Delegation . . , . . . . . . . . . . . 5 Muni situated on the mainland and a chain of small islands south of Fernando Po. The i principal port and town in Fernando Po is Santa Isabel, and in Rio Muni, Bata. Regular . steamshi services from Calabar serve the territories. The island of Fernando Po is 0 ulated Appendix ` The Labour Agreement n n i 1 i i I 15 by Euroribans (farmers, traders and Government oHicials), some 12,000 indigenous irijhgbitants called Bubis and some 30,000 other Africans, mainly N igerians, the greater number of whom are recruited workers. The whole economy of these territories is dependent on agriculture. The main crops are coffee and cocoa. From the earliest days the indigenous labour has proved insufficient to sustain the ever expanding agricultural economy of the territories and in con- sequence the Spanish have had to seek labour from the neighbouring West African territories on the African mainland. 2. The history of the labour migration from the West Coast of Africa to the Spanish territories is a long one and dates from the time when the Spanish first obtained concessions in the territories. Prior to 1931 the supply of labour came from Liberia and thereafter it has been drawn mainly from Nigeria. The great majority of labourers seeking employment in 1' Fernando Po have come from Eastern Nigeria and particularly from the Calabar, Owerri and Ogoja Provinces. 3. In 1929 Nigerias first Labour Law came into force. It included, inter alia, provision K for the control of the recruitment of labour for service abroad and provided for the licensing of , recruiters as a means to that end. The purpose of this law was to ensure that illiterate and inex- perienced men were safeguarded against the rapacity of employers agents, traders and others concerned with illegal recruitment. At that time vigorous attempts were made to enforce this law, but owing to the broken nature of the coastline and the relative proximity of the island, evasion was not diHicult. No control could be exercised by the Government beyond the bounds of Nigeria nor had the Government any say in the working and living conditions of Nigerians in Spanish territory. ,1 4. In the early part of 1940, the Government of Nigeria decided to send an official to the island to report on conditions. The report revealed that a very extensive organisation existed in Eastern Nigeria for transporting workers to Fernando Po. Many went quite willingly but some, particularly youths, were plainly misled into embarking in canoes on the creeks and rivers in the East. All manner of ruses were employed to induce youths to embark in canoes for passage to the Island. Generally the unsuspecting passenger had no idea of where he was going until he was at sea. On arrival in Fernando Po all were contracted to work on the farms under very varying conditions of employment. 5. As a result of this report it was decided that the Consular protection afforded to Nige- rians in the territories was inadequate and, with the consent of the Spanish Authorities, an ofiicer was posted to Santa Isabel to act in the dual capacity of Vice-Consul and Labour Officer. Even so, it was not found possible, in the absence of an inter- Governmental agreement regulating conditions, for the Vice-Consul and Labour Officer to give as much protection to these workers as was desirable.
CONTENTS
Introduction
Report of the Delegation
Appendix : The Labour Agreement
Page
3
5
15
I
Report of the Parliamentary Delegation to Fernando Po
and Rio Muni, 1957
INTRODUCTION
THE HISTORY OF THE LABOUR AGREEMENTS
The Spanish Provi nce of the Gulf of Guinea comprises the island of Fernando Po
situated some 40 miles from the coast of the Southern Cameroons in the Bight of Biafra, Rio
Muni situated on the mainland and a chain of small islands south of Fernando Po. The
principal port and town in Fernando Po is Santa Isabel, and in Rio Muni, Bata. Regular
steamship services from Calabar serve the territories. T he island of Fernando Po is populated
by Europeans (farmers, traders and Government officials), some 12,000 indigenous inhabitants
called Bubis and some 30,000 other Africans, mainly igerians, the greater number of whom are
recruited workers. The whole economy of these territories is dependent on agriculture. The
main crops arc coffee and cocoa. From the earliest days the indigenous labour has proved
insufficient to sustain the ever expanding agricultural economy of the territories and in con-
sequence the Spanish have had to seek labour from the neighbouring West African territories
on the African mainland.
2. The history of the labour migration from the West Coast of Africa to the Spanish
territories is a long one and dates from the time when the Spanish first obtained concessions in
the territories. Prior to 1931 the supply of labour came from Liberia and thereafter it has
been drawn mainly from Nigeria. The great majority of labourers seeking employment in
Fernando Po have come from Eastern Nigeria and particularly from the Calabar, Owerri and
Ogoja Provinces.
3. In 1929 Nigeria's first Labour Law came into force. It included, iuter alia, provision
for the control of the recruitment of labour for service abroad and provided for the licensing of
recruiters as a means to that end. The purpose of this law was to ensure that illiterate and inex-
perienced men were safeguarded against the rapacity of employers' agents, traders and others
concerned with illegal recruitment. At that time vigorous attempts were made to enforce
this law, but owi ng to the broken nature of the coastline and the relative proximity of t he island,
evasion was not difficult. No control could be exercised by the Government beyond the bounds
of Nigeria nor had the Government any say in the working and living conditions of Nigerians in
Spanish territory.
4. In the early part of 1940, the Government of Nigeria decided to send an official to the
island to report on conditions. The report revealed that a very extensive organisation existed
in Eastern Nigeria for transporting workers to Fernando Po. Many went quite willingly but
some, particularly youths, were plainly misled into embarking in canoes on the creeks and rivers
in the East. All manner of ruses were employed to induce youths to embark in canoes for
passage to the Island. Generally the unsuspecting passenger had no idea of where he was
going until he was at sea. On arrival in Fernando Po all were contracted to work on the farms
under very varying conditions of employment.
5. As a result of this report it was decided that the Consular protection afforded to Nige-
rians in the territories was inadequate and, with the consent of the Spanish Authorities, an
officer was posted to Santa Isabel to act in the dual capacity of Vice-Consul and Labour Officer.
Even so, it was not found possible, in the absence of an inter-Governmental agreement regulating
conditions, for the Vice-Consul and Labour Officer to give as much protection to these workers
as was desirable. 5 . 6. There were at this time in these territories a body of enlightened employers who were 11 The mv. d h. h _ _ _ aware that it was in their own best interests to provide conditions which would ensure a con- Some Ohm fm lscl agrefmcnt hall}? gssulrsd lo reproduced as ah APPehdlX to th1S Report. tented labour force and who were not happy with the conditions of employment offered by a im mvcmmgs gpg; grgvligms Wl . C lscossoo lo the erlelllllg Prllr Ol the Report- The main large number of less wellintentioned employers. The Nigerian Government proposed that P _ _ C ec o Y 6 rVlS> were as follows l" an agreement should be drawn up to regulate the conditions under which recruited labour (ll All lhelehse lh Wages of approXimately 25 per cent, should be employed. After lengthy discussions with the Spanish Government ofthe territories The posting of a Nigerian Labour Officer to Fernando Po His status is reco nised of the Gulf of Guinea, an agreement was signed and came into operation in 1942. Two in the Agreement and he is thus able to take much of the burdeh off the shoulders if the important results were achieved. Firstly, a legal and fully supervised recruitment procedurg Vice-Consul. was introduced which enabled men who wished to work in Fernando Po to do so on approve . . . . _ conditions ; and, secondly, protection was aiforded by the Nigerian Government, through the Vvigflghglggc 1;1Hl;;$S;1E1$l;i?n Oi.pn?;Sr;)nCtlo3S for breaches of Celllraer lll aeehldahee Consular Agent in Fernando Po, to ensure that the contracts entered into by recruited workers _ q _ _ Tm mm 3 our orlVllrlllS in Calabar, the port of embarkation, were honoured by the employers in the Spanish territories. (Zo) Comperleerloll r9r llleePheltY Shhfered 35 a reSnlt of accidents arising out of the workers The agreement provided for each recruited labourer to be medically examined and properly omPloYlrlerlr contracted prior to embarkation, and to have his contract attested by a Labour Officer whose (*0) An increase in the capitation fee to cover the expense of the Federal Government in duty it was to explain to each mem Fhg {Gyms of tho C(mtyg_Ct_ Tl~lg Contract of service provided ; 3dh'1i1'1i$tTiHg the Agreement and also to compensate the Eastern Regional Government for for a regular wage structure and laid down conditions of service which included provisions for loss in taxation suffered as a result of the absence of large numbers of taxpayers from the housing, food, medical facilities, hours of work, and set out certain fundamental rights of each Region. worker. From this date, therefore, every recruited worker from Nigeria was in possession of a 12 O .d h _ _ _ written form of contract of service which was explained to him by a Labour Officer in Calabar . ' . MSE C t 6 .tHlS ofthe Agrom_oor thosperllsll Alllherlrlee agreed to facilitate the prior to his embarkation. The contract provided that the worker should be employed for a rcglstrfmofl Oh all Nlgcrlfms m thoopomoll rorrlr9rleS The Sphhlsh Authorities are co- period of 2 years (with the option of recontracting for a further period of 18 months) after which Opegalmg m td S compllatloo of? Roglsror and ll2Ve_ ellewed the VleeCOhSUl and his staff access he would be repatriated to his home land at the employers expense. In addition, a portion of to t er moor S This roglstrorlorl ls llow Pr 9eeeellh At the Same time the Spanish Govern- the workers wages was deferred and held in sterling against his return to Nigeria. Egg; gggspifsggiitgormlssloo to roorulr lll) rv 899 Workers Per h1Onrh ; hitherto the limit had 7. In September 1950, His Excellency the Governor-General of the Spanish Territories 13 Th _ _ forwarded for consideration by the Nigerian Government the draft of a revised agreement. The . o rovlsod Agreement was llllellY Slghed Oh 14th September, 1957, and became Governor-General emphasised that his sole purpose in suggesting a revision was, as an earnest Opefetwc from 1St,Qctobor> 1951 By agreelrlellr berweeh the YWO Governments, however, of the Spanish Governments desire to co-operate with the Nigerian Government, to improve the Carta}? Of the Pmliismns beoamo ogootlvo as from the lst $ePrelllbel' 1959- These Were the conditions under which the labour force in the territories worked. The new agreement that 1l;mVF1ooS,ooorolog Wage lrlre*lSeS lllereeses lh the caprtatwn fee, and the posting to Fernando emerged was drafted by officials of the Governments of Nigeria and of the Spanish Territories We O 0 3 Nigerian Labour Orlloor with regard to the provisions of the International Labour Convention relating to contracts of employment designed to safeguard the interests of this type of labour. In addition the Spanish Government gave an undertakin that the would make it unlawful for new arrivals from Nigeria to be employed in the farms u1ess theyyhad been properly recruited in accordance with the _ THE REPORT OF THE DELEGATION terms of the agreement. Any such workers would be turned over to the Consular Agent for The delghhOh consisted of 2 repatriation to Calabar where investigation would be made into the circumstances of _fhh The Hon. ]. M. Johnson, Federal Minister of Internal Affairs Labour and Welfare- travelling to Fernando Po. This agreement marked a further improvement in the conditions The HGH B C Okwu Minister Of Information Of the Eastegn Region of employment. ` ' ` _ _ ? 8. In December 1952, the then Minister of Labour, Mr (now Chief) S. L. Akintola visited my Gl Cl Okcyal NCNC Member {Ol OWBUF m the Eastern House Of Assembly i the island in order to investigate conditions at first hand. As a direct result of this visit a I E" O' EYo> Aotloo Group Member for UY9 lh the Ehsterh House of Assembly. Nigerian Delegation went to Fernando Po in 1.953 and a new agreement was negotiated which The delegation was accomoaoiod by :_ came into force on 6th September, 1954. This new agreement provided among other things Mr V H K L. 1 d P I _ _ for an increase in wages (both in the deferred element payable in sterling in Nigeria and the _ VV lf ' _ ' ' lh CWOO cfmimcot Sooromly to rho Federal Mllllslry Or Lhhhhf and local wage paid in pesetas in the territories) and an increase in overtime pay. MC SHE A _ C _ _ r . r 9. In january 1956, at the invitation of the Spanish Government, the Federal Minister of u fyi Sslstam Ommlssumer Of Labour m the Eastern Rg1(m` Labour, Chief F. S. Okotie-Eboh, and the Eastern Regional Ministers of Labour and of Welfare, 2- We Preeeederl te Sahel lshhel Oh the Bland of Fernando Po on Friday, Sth November Doctors S. E. Imoke and E. A. Esin, accompanied by officials, visited Fernando Po. The and re Bere lh Rle Mllhl Oh the Mhlhlahd Oh Sunday, 10th November, returning to Santa object of this visit was to enable Ministers of both the Fedeal and Eastern Regional Govern- Isabel ll_MOhl3Y lllh NOVelhhel- We returned to Nigeria on Wednesday, 13th November, ments to see at first hand the conditions under which Nigerian workers are employed in the All these JOlllheY$ were dOhe by Hir- Spanish territories. It was implicit in the arrangement for the visit that the delegation should 3. Soon after Our arrival at Santa Isabel We were received b His EXCCHCHC the V explore Ways and moans by Whloh those Conditions might be further Improved General, Senor Don Faustino Ruiz Gonzales. In welcomingyus, His Excelhncy relifpfegsdid ]O_ The Visit of thc Mioiotcrs was followed in July logo by thc Visit of an ogqciol delegation his concern at what he regarded as biased and uninformed criticisms of conditions in Fernando froru thc Fcdcm] Government, occomoooicd by Oiicials from thc Eaotcm Rcgiooa] GOvfn_ Po that hadebeen made by recent visitors to the Island. He said that he was anxious that we ment, to negotiate the terms of a new agreement based on the recommendations made by the Should Ohthlhhe eOlhPlehh$iV 3 picture BS POSSihle of conditions on the Island and in Rio Mjoictcm The delegation was lcd by 3 Nigerian Officer. Muni. No itinerary hadlbeen laid down for us and we were authorised to go where we chose 4 and to see whatever we wished. We were grateful for this liberty and made full use of it. 5
6. There were at this time in these territories a body of enlightened employers who were
aware that it was in their own best interests to provide conditions which would ensure a con-
tented labour force and who were not happy with the conditions of employment offered by a
large number of less well-intentioned employers. T he Nigerian Government proposed that
an agreement should be drawn up to regulate the conditions under which recruited labour
should be employed. After lengthy discussions with the Spanish Government of the territories
of the Gulf of Guinea, an agreement was signed and came into operation in 1942. Two
important results were achieved. Firstly, a legal and fully supenrised recruitment procedure
was introduced which enabled men who wished to work in Fernando Po to do so on approved
conditions; and, secondly, protection was afforded by the Government, through the
Consular Agent in Fernando Po, to ensure that the contracts entered into by recruited workers
in Calabar, the port of embarkation, were honoured by the employers in the Spanish territori es.
The agreement provided for each recruited labourer to be medically examined and properly
contracted prior to embarkation, and to have his contract attested by a Labour Officer whose
duty it was to explain to each man the terms of the contract. The contract of service provided
for a regular wage structure and laid down conditions of service which included provisions for
housing, food, medical facilities, hours of work, and set out certain fundamental rights of each
worker. From this date, therefore, eYery recruited worker from Nigeria was in possession of a
written form of contract of service which was explained to him by a Labour Officer in Calabar
prior to his embarkation. The contract provided that the worker should be employed for a
period of 2 years (with the option of recontracting for a further period of 18 months) after which
he would be repatriated to his home land at the employer's expense. In addition, a portion of
the worker's wages was deferred and held in sterling against his return to !igeria.
7. In September 1950, His Excellency the Governor-General of the Spanish Territories
fonvarded for consideration by the Nigerian Government the draft of a revised agreement. The
Governor-General emphasised that his sole purpose in suggesting a revision was, as an earnest
of the Spanish Government's desire to co-operate with the Nigerian Government, to improve the
conditions under which the labour force in the territories worked. The new agreement that
emerged was drafted by officials of the Governments of Nigeria and of the Spanish Territories
with regard to the provisions of the International Labour Convention relating to contracts of
employment designed to safeguard the interests of this type of labour. In addition the Spanish
Government gave an undertaking that they would make it unlawful for new arrivals from Nigeria
to be employed in the farms unless they had been properly recruited in accordance with the
terms of the agreement. Any such workers would be turned over to the Consular Agent for
repatriation to Calabar where in,estigation would be made into the circurnstai).ces of their
travelling to Fernando Po. This agreement marked a further improvement in the conditions
of employment.
8. In December 1952, the then Minister of Labour, !VIr (now Chief) S. L. Akintola visited
the island in order to investigate conditions at first hand. As a direct result of this visit a
Nigerian Delegation went to Fernando Po in 1953 and a new agreement was negotiated which
came into force on 6th September, 1954. This new agreement provided among other things
for an increase in wages (both in the deferred element payable in sterling in Nigeria and the
local wage paid in pesetas in the territories) and an increase in overtime pay.
9. In January 1956, at the invitation of the Spanish Government, the Federal Minister of
Labour, Chief F. S. Okotie-Eboh, and the Eastern Regional Ministers of Labour and of Welfare,
Doctors S. E. Imoke and E. A. Esin, accompanied by officials, visited Fernando Po. The
object of this visit was to enable Ministers of both the Fedeal and Eastern Regional Govern-
ments to see at first hand the conditions under which Nigerian workers are employed in the
Spanish territories. It was implicit in the arrangement for the visit that the delegation should
explore ways and means by which those conditions might be further improved.
10. The visit of the Ministers was followed in July 1956 by the visit of an official delegation
from the Federal Government, accompanied by officials from the Eastern Regional Govern-
ment, to negotiate the terms of a new agreement based on the recommendations made by the
Ministers. The delegation was led by a Nigerian officer.
4
11. !he is reproduced as an Appendix to this Report.
of 1ts pnnc1pal prov1s1ons will be d1scussed in the ensuing part of the Report. The main
Improvements effected by the revision were as follows :-
(i) An increase in wages of approximately 25 per cent.
. (ii) The posting of a Nigerian Labour Officer to Fernando Po. His status is recognised
m. the Agreement and he is thus able to take much of the burden off the shoulders of the
V1ce-Consul.
.(iii) The c?mplete elimination of penal sanctions for breaches of contract in accordance
With the reqwrements of the International Labour Conventions.
(iv) Compensation for incapacity suffered as a result of accidents arising out of the worker's
employment.
(v) i!1crease in the capitation fee to cover the expense of the Federal Government in
the A.greement and also to compensate the Eastern Regional Government for
loss .m taxatiOn suffered as a result of the absence of large numbers of taxpayers from the
Reg10n.
. 12 .. Outside of. the Agreem.ent A,!lthorities agreed to facilitate the
of all N m the. Spamsh tern tones. 1 he Spanish Authorities are co-
m the and have allowed the Vice-Consul and his staff access
to thetr records. T h1s t:eg.tstratwn tS proceeding. At the same time the Spanish Govern-
ment was granted permtSSJOn to recrutt up to 800 workers per month ; hi therto the li mit had
been 600 per month.
The revised Agreement was finally signed on 14th September, 1957, and became
from 1st. <?ctober, 1957. By agreement between the two Governments, however,
of the be_came effectJ,e as from the 1st September, 1956. These were the
prov1stons. wage mcreases, increases in the capitation fee, and the posting to Fernando
Po of a N1genan Labour Officer.
THE REPORT OF THE DELEGATION
The delegation consisted of :-
The Hon. J. M. Johnson, Federal Minister of Internal Affairs Labour and Welfare
The Hon. B. C. Okwu, Minister of Information of the Region ; '
Mr G. C. Okeya, N. C. .C. Member for Owerri, in the Eastern House of Assembly;
Mr E. 0. Eyo, Action Group Member for Uyo in the Eastern House of Assembly.
The delegation was accompanied by :-
Mr V. H. K. Littlewood, Permanent Secretary to the Federal Ministry of Labour and
Welfare;
Mr R. Curry, Assistant Commissioner of Labour in the Eastern Region.
2. We to ?anta lsabel on the Island of Fernando Po on Friday, 8th r ovember
and to Bata m Rio Mum on the Matnland on Sunday, lOth November, returning to Santa
Isabel on Monday, 11th November. We returned to igeria on Wednesday 13th November
All these journeys were done by air. '
3. Soon after our at Isabel, we were received by His Excellency the Governor-
qeneral, Senor Don Fausuno Rutz. Gonzales. . In welcoming us, His Excellency expressed
hts concern at what he regarded as btased and unmformed criticisms of conditions in Fernando
Po that had been made by recent visitors to the Island. He said t hat he was anxious that we
should obtain as comprehensive a picture as possible of conditions on the Island and in Rio
Muni. r o itinerary had. been laid down for us and we \vere authorised to go where we chose
and to see whatever we w1shed. We were grateful for this liberty and made full use of it.
5 nnRECEPTION CAMPS 21. The best 0f the estates we saw compared very favourably with anything in Nigeria. 14. In Santa Isabel and in Beta there are Reception Camps. We visited 2 reception camp gnpng Stat for Xamp1> WC found the housing Provided for the Workers left {mthing to be in Santa Isabel, where workers arriving in the Island and werken awaiting return passages to .S*{ Om mm Of Wd PYOPOYUOHS was PfV1d<* fm a married <><2;>i and m the case of Nigeria arc accommodated. The Camp at thc time 0f our visit was empty but for 3 few pfS0HS- Sing C persons One mom Was aHc?td_t two Of them to ShaY Electricity Was $uPPhd t0 all As at Calabar accommodation and food are supplied to the workers. We did H0 think that quattcg? v.Thr was Q large Swlmmmg POOI fo? th_Wrk1`S Wlth COPUHUOUS fresh $t}?am this camp was as good as the camp at Calabar and We recommend that it Should be brought up {Mater (37%/lfgg through lt ; an excellent httlc hospital Wlth fifteen beds with operatmg f3C1ht1S ; t0 the same standard. While in the Reception Camps workers are on full salary. Xigglggs Q; ?g1_VmV;;;$;Sand We noticed that maY Of the W0FkYS had b able to PU1'h35 ` L V 22. VVe came across other estates not so well equipped and with mom for improvement in the welfare of their workers, but where, nevertheless, the workers were well treated and were WELFARE FACILITIES IN SANTA 1sABEL AND BATA mmnably ttd- 15. In October, 1955, the Spanish Authorities opened 21 School to give primary dUC3ti0H . 2g' OH 2 number Of Smts> the laboqmrs CPmP1aiTd about baigS arbitrary to Nigerian children between the ages of six and twelve years with qualified taChfS of NigfiHH HT1P}SOnmm Inadequate md Fmd msumclcm Y?UOnS In One PFYUCUMY estate extraction This School is managed by 3 Roman Catholic Fathelx E; gfgvged that as qumy ashmght unmarried men were sharing one mom of eight feet by ten 16 In addition there is in Santa Isabel the British Chaplaincy School which receives an These roongizvgirighacgs WHi-] tg?) and Sometimes three mgmcd Couples Shared 3 mom. , , , U U I _ _ ygxcmc an 1 vcnt1l21tcd. Elsewhere, wwcs of workers complamcd of annual. grant from thc Federal Gpvcmmcnt. It is run by thc British Chaplain and provides being beaten. Labourcrs also complained of working from 6 21.m. t0 6 p.m. without breaks for education for a number of Nigerian children about half of whom are the children of Treaty meals and rest. They also stated that when they were sick, deductions were made from their Labourcrs. In 1957, a cap1tal grant of {3,000 was made by thc Federal Government for wages contrary to thc terms 0f the Agreement. Although many of these complaints were improving thc premises 0f the School. denied by thc management, we are satisfied that there is some substance in them. 17. There is also in Santa Isabel an orphanage for Nigerian children and in the hospital wc 24. In the ensuing paragraphs we detail our observations 0f these estates. visited, wc saw Nigerian babies who had lost their parents being given thc most devoted care by the staff. 18. We visited hospitals in Santa Isabel and in Bata and we were much impressed by the buildings and equipment, which were spotlessly clean, and by what appeared to us a very Hue HOUSING staff of devoted people. The hospital at Bam must bc one 0f the Hncst in Africa. In both 25 I . _ . _ _ _ _ hospitals the equipment of the mammity Wards was Of the highest SmHdm,d_ Many Of the N Th L.b t 15 not pOSS1bl to gcnerahse about the quahty oflthe housing provided for workers. patients we saw in the hospitals were Nigerians and they appeared to be well-cared fOr. 6. a Our Agreement bgtwszcn the two GVrmtS SPt<=S that th? Cmploycr Should provyac adequate and hygienic quarters for thc worker and h1s family (Article 25 This pr0v1s10n 1S wclI0bsc1vad OI] some estates, but 0n others the position is far from satisfactory. 26. O1} most 0f the estates that We saw the quarters provided for workers were long blocks VISITS TO ESTATES 0f rooms with vcrandahs on either side. The rooms backed on to each other and each had its l U . _ _ _ own entrance on one or other of the verandahs. These blocks were usually of substantial R. 19. We devoted most of our t1mc to visiting estates and we made ap01nt gf melpdmg c0ns{ruct10nand the rooms of adequate p10p01t10n, but m memy cases there was 0vcrcr0wdmg e 10 I\/[um 111 mar itinerary. Before Icavuag Nigeria, mcmbc1s0f thc d?lg3t101'1 had 1Ht1V1Wd Hfld IH 0I1 IHSYZDCC W6 Came across married couples sharing rooms. On some estates the workers returning fromethc Spanish territories at the Transit Camp m Calgbar. Fr0mthcm permanent quarters are augmented by mud and thatch houses of inferior quality built by the they had heard complaints concerning particular estates and we made a pomt of including as labourers for themselves. On other estates such houses are all that is provided. many of these as possible in our itinerary. We also visited some of the best estates on the Island . . . . . . . . . and thc Mainland and wc obtained a good cross sample 0f the working and living conditions of 27 The YOVISIOH Of adequate and hyglemc htmsmg IS one Of the Condmons of Service Pf Nigerians. On all the estates we were able to converse quite freely with the Wcrkers in their _ Workers rccmltcd und? the terms gf the Agf?mnt Where Work"? me qmwded wgethgf In OWU language and to hear their Complaints and grievances. WC were afforded the fullest R inadequate quartcys, discontent will be manifest and discontent brings m 1ts tram further opportunity by thc Spanish authorities to scc as many estates as we could Ht into 0u1 itinerary trouble; We conwdcr thy prgssulie Should be bmught to bear OH those BHIPIOYSYS who me not and to meet Nigerian workers and discuss with them their problems and difiiculties. Sugiclemly Obscrvmg their Obhgatmus under the AYmHt 20. We began our visits to estates 011 Saturday, 9th November, thc day after our arrival in Fernando P0. On that occasion wc visited estates in the vicinity of Santa Isabel. On the morning of Sunday, 10th November, we roceeded to Rio Muni b air and we spent thc a afternoon and evening visiting estates. Ou? visit to Rio Muni had of gecessity to be brief and MEDICAL FACILITIES in order to cover as much ground as possible wc divided into two parties on the morning 0f the 28- Th AgY1T1Ht Stipulats that the employer shall provide at his own expense medical 11th and Cgutinued Qur inspection gf ggtatgg in the vicinity Of Bgtg and the Rig Bemitg 3_f3,, HUC} ph21IIHHCLIiC31 aid Bild hOSpit21liS3ti0D {01* 'C]'1 VVO1`k[' and his family. F21CiH'iS VHI'iC1 from estate t0 estate. Some estates have hospitals and others dispcnsarics. Apart from VVe returned to Fernando P00n the afternoon 0f the 11th, and OH the 12th W6 l' SU1}1{ OU? faCilitis provided 0n the estates there are the excellent General Hospitals to which reference Vlsltzto estatfi on the wjcestern sxde of the Island. We went as far as San Carlos wsmng a has been mage eaglicr. Labeurere, whose eases cannot be dean with adequately on the estates, Hum 1' 0 S 2 65 01'1 YOU 6. are sent t0 t cse ospitals at thc empl0yers expense. 8 9
RECEPTION CAMPS
14. In Santa Isabel and in Bata there are Reception Camps. We visited a reception camp
in Santa Isabel, where workers arriving in the Island and workers awaiting return passages to
Nigeria are accommodated. The Camp at the time of our visit was empty but for a few persons.
As at Calabar accommodation and food are supplied to the workers. We did not think that
tnis camp was as good as the camp at Calabar and we recommend that it should be brought up
to the same standard. While in the Reception Camps workers are on full salary.
WELFARE FACILITIES L SANTA ISABEL AND BATA
15. In October, 1955, the Spanish Authorities opened a School to give primary education
to Nigerian children between the ages of six and twelve years with qualified teachers of J. igcrian
extraction. This School is managed by a Roman Catholic Father.
16. In addition, there is in Santa Isabel, the Brit ish Chaplaincy School which receives an
annual grant from the Federal Government. It is run by the British Chaplain and provides
education for a number of Nigerian children about half of whom are the children of Treaty
Labourers. In 1957, a capital grant of 3,000 was made by the Federal Government for
improving the premises of the School.
17. There is also in Santa Isabel an orphanage for Nigerian children and in the hospital we
visited, we saw Nigerian babies who had lost their parents being given the most devoted care
by the staff.
18. We visited hospitals in Santa l sabel and in Bata and we were much impressed by the
buildings and equipment, wnich were spotlessly clean, and by what appeared to us a very fine
staff of devoted people. The hospital at Bata must be one of the finest in Africa. In both
hospitals the equipment of the maternity wards was of the highest standard. Many of the
patients we saw in the hospitals were Nigerians and they appeared to be well-cared for.
VISITS TO ESTATES
19. We devoted most of our time to visiting estates and we made a point of including
Rio Muni in our itinerary. Before leaving Nigeria, members of the delegation had interviewed
workers returning from the Spanish territories at the Transit Camp in Calabar. From them
they had heard complaints concerning particular estates and we made a point of including as
many of these as possible in our itinerary. We also visited some of the best estates on the Island
and the Mainland and we obtained a good cross sample of the working and li\ing conditions of
Nigerians. On all the estates we were able to converse quite freely with the workers in their
own language and to hear their complaints and grievances. We were afforded the fullest
opportunity by the Spanish authorities to see as many estates as we could fit into our itinerary
and to meet Nigerian workers and discuss with them their problems and difficulties.
20. We began our visits to estates on Saturday, 9th November, the day after our arrival in
Fernando Po. On that occasion we visited estates in the vicinity of Santa Isabel. On the
morning of Sunday, lOth November, we proceeded to Rio Muni by air and we spent the
afternoon and evening visiting estates. Our visit to Rio Muni had of necessity to be brief and
in order to cover as much ground as possible we divided into two parties on the morning of the
11th and continued our inspection of estates in the vicinity of Bata and the Rio Benito area.
\ Ve returned to Fernando Po on the afternoon of the 11th, and on the 12th we resumed our
visits to estates on the western side of the Island. We went as far as San Carlos visiting a
number of estates on route.
8
21. The best of the estates we saw compared very faYourably with anything in Nigeria.
On. one estate, for example, we found the housing provided for the workers left nothing to be
d_esred. One room of good proportions was provided for a married couple, and in the case of
smgle persons one room was allocated to two of them to share. Electricity was supplied to all
quarters. There was a large swimming pool for the workers with continuous fresh stream
flowing thr?ugh it ; an excellent little hospital with fifteen beds with operating facilities;
latnnes flushed With water and we noticed that many of the workers had been able to purcha;e
wireless sets for themselves.
22. \Ne came. across other estates not so well equipped and with room for improvement in
the welfare of then workers, but where, nevertheless, the workers were well treated and were
reasonably contented.
. On a . number of estates, the labourers complained about beatings, arbitrary
mpr!sonment, madequate accommodation and insufficient rations. In one particular estate
we dscovered that as many as eight unmarried men were sharing one room of eight feet by ten
feet and there were places where two and sometimes three married couples shared a room.
rooms were unhygienic and ill-ventilated. Elsewhere, wives of workers complained of
bemg beaten. Labourers also complained of working from 6 a.m. to 6 p.m. without breaks for
meals and rest. They also stated that when they were sick, deductions were made from their
wag_es contrary to the terms of the Agreement. Although many of these complaints were
dcmed by the management , we are satisfied that there is some substance in them.
24. In the ensuing paragraphs we detail our observations of these estates.
HOUSING
25. It is not possible to generalise about the quality of the housing provided for workers.
The _Labour Agreement the two Go\ernments stipulates that the employer should
a?equate and quarters for the worker and his family (Article 25 (4)). This
provson IS well-observed on some estates, but on others the position is far from satisfactory.
26. most of the estates that we saw the quarters provided for workers were long blocks
of rooms w1th verandahs on either side. The rooms backed on to each other and each had its
own on one or other of the verandahs. These blocks were usually of substantial
the rooms of adequate proportion, but in many cases there was over-crowding
and m one mstance we came across married couples sharing rooms. On some estates the
permanent quarters are augmented by mud and thatch houses of inferior quality built by the
labourers for themselves. On other estates such houses are all that is provided.
27. The provision of adequate and hygienic housing is one of the conditions of service of
recru1ted under the terms of the Agreement. Where workers are crowded together in
madequate quarters, d1scontent will be manifest and discontent brings in its train further
trouble. We consider that pressure should be brought to bear on those employers who are not
sufficiently observing their obligations under the Agreement.
MEDICAL FACILITIES
28. The Agreement stipulates that the employer shall provide at his own expense medical
and pharmaceutical ai d and hospitalisation for the worker and his family. Facilities varied
_estate estate. Some estates have hospitals and others dispensaries. Apart from
fac1hues prov1ded on the estates there are the excellent General Hospitals to which reference
has been made earlier: Labourers, whose cases cannot be dealt with adequately on the estates,
are sent to these hosp1tals at the employer's expense.
9 29. The com laints we received were directed not so much towards the quality of the 1 medical treatmenththat was given, but towards the fact that labourers who reported sick lost LACK 0F CURRENCY EXCHANGE FACILITIES their wages for the period of their illness. This was a general complaint which we came _ 34. A very general complaint among Nigerians in Fernando Po is that the worker who across in g number gf place; The Practice Of dedu(;tingw3ge$ for periods of illI1SS is in l$_l'tUl`l'llYlg to Nigeria is not able to XCl)3I'1g his savings lHtO Stfling. This we believe contravcntion of Attiolo 23 of tho Agtostnont which stipulatos that u Wgyker Shguld be paid arises from the fact that sufficient sterling is not available to the Spanish authorities. Under his wages in respect of any period during which he is incapacitated by sickness or accident, the terms of the Agreement 3 l?r0P0rtl0n of 21 W0fl<eriS wages is paid in Sterling in Calabar by except in any case when the sickness or accident in the opinion of the doctor, or in the light the Slmhlsh Gwhrhrrleht and 18 held in reSerVe_f0r him in the Post Ofhce Savings Bank until , or other adequate evidence, appears to have been due to the workers negligence or wilful hrs rhh But lhahy Ol the Whrhhrs (and Particularly men on second contracts whose peseta R fault- It Seemed to Us that many employers were not aware of this provision- Wages are often substantial) would like to be able to convert their peseta savings into sterling l to take home with them. ln the absence of exchange facilities in Fernando Po they are compelled to resort to the black market where they might be cheated, or to purchase goods in Fernando Po which they may not really want. RATIQNS 35. The problem has been referred to the Federal Government and is under consideration, 30. A worker is entitled to receive from his employer free of charge the following daily ` ration of food : 600 grams Orme THE GENERAL TREATMENT or WORKERS 290 grams Of Hgh 36. As the previous paragraphs of this report indicate the treatment of workers varies 65 grams of palm oil from estate to estate and from employer to employer and it is not possible to generalise. 20 grams Of Salt _ _ _ 37. Of one point we feel reasonably assured. The Government of the Spanish territories together with an adequate quantity of vegetables and edible fruit. To supplement the r3t10n sincerely wish to put an end to the ill-treatment of workers. We were given His Excellency a worker is also entitled to obtain from the employer a small plot of land for the production of the GovernorGenerals categorical assurance of this. It was our impression too that the native food stuffs. He may also collect firewood for his cooking free of cost. leaders of the commercial and agricultural community who accompanied us on some of our i visits and who heard the complaints were much concerned at the degree of discontent manifest 31- Wo received on somo ostntos Complaints about tho quality of tho rations and the it on certain estates. Corporal punishment and assaults on workers are a contravention of the absence of certain items of food to which the men were accustomed. They would like rice ' Slmhlsh Labour Code and are purlrshnhle- His EXeelleney the Governor-General assured us to be varied with gari and salt fish with stock {ish. From samples of palm oil which we saw that 2lhY caS0S that are Shhstahtlathd Wlll _h Vrg0r0h$lY dealt with and we feel eonfidentithat on most of the estates it appeared that the quality was not good. There should be further tgls will be ?l There have ahhadll been lhsmhccs lh Whlch llhtrhatrhfiht htrwlng been proved, consultation between the Spanish Government and the Governments of the Federation on is C fhsggnsl C Pgfioh Sas hot Ohlydbcch hhcdhbht has had hls Pehhlt th resldh lh Fhrhahdh i the subject of the quality of these rations and the possibility of making available from Nigerian O WH Yawn an as Ecu mqulm to haw t E termoflh SS "dd*l mms f fdh Such as Yam* gm dbl 0*1 me gmk hsh 38, In Article 3 (2) of the Agreement the Government of the Eeiieriiriiiii or Nigeria has reserved to itself the right to prohibit the engagement of workers for any employer who repeatedly, or grossly, infringes the provisions of the Agreement. This power has in the past been invoked with salutary effect and one of the estates which we saw was an estate to HOURS OF WORK which some time ago recruitment had been stopped because of the ill-treatment of the workers. _ _ As a result certain of the supervisory staff on the estate had been dismissed and when we 32. Articles 26 and 27 of the Agreement govern hours of work. They provide for a Visited tho oststo Wo found u toasonsbly oontontod body ot Wotkots normal eight hour day which shall not commence before 6 a.m. nor end after 6 p.m. Sundays and Feast Days are holidaysy That is the normal practice but, as in any agricultural or l industrial undertaking, there are certain jobs that must continue notwithstanding the setting of the sun or the advent of a holiday. Where this is the case, the workers are on shift work. In some instances task work is performed. Where a worker is required to do more than an IMPLEMENTATION OF THE AGREEMENT eight hour day, or more than a normal days task overtime is paid. 39. In the previous paragraphs of this Report we have set out some of our criticisms of the manner in which the provisions of the Labour Agreement are being implemented. We 33. We received complaints of excessive hours. It was not possible in all cases to are, however, in no doubt that the Labour Agreement between the two Governments is to substantiate these complaints but we were satisfied that in most instances they were well- the _Intn3l adtrantage of the Spanish employer and of the Nigerian worker, The Spanish fOuuded_ For example, Ou une estate We found that duyjug the cocoa Seg_SOu Workgys 'I`I1tOI'lS I1Cl Nlg1l2H l3.lZ)OLlI ; and Nigeria f01 '[l'1 PFCSCDI at least 1"1dS tl'1 OlllZll. for its did a six hour shift followed by a six hour rest period, which was followed in its turn by a ShYPluS labour that *{rhPl0Yrrlrht in the Spanish territnrlee Hllnrds- In the absence of an further six hour shift. That amounts to a twelve hour day. Notwithstanding that overtime Agrcehhiht th? Chh0hC_ Chhdltlhhs that existed Prl0r to l9t0 (t0 Whiph reference _l13S been is paid tho Workers folt that this Was oxoossivo and Wo ngtoo gnlaggiti the introduction to this Report) would return with all their ensuing misery and 10 1 l
29. The complaints we received were directed not so much towards the quality of the
medical treatment that was given, but towards the fact that labourers who reported sick lost
their wages for the period of their illness. This was a general complaint which we came
across in a number of places. The practice of deducting wages for periods of illness is in
contravention of Article 23 of the Agreement which stipulates that a worker should be paid
his wages in respect of any period during which he is incapacitated by sickness or accident,
except in any case when the sickness or accident in the opinion of the doctor, or in the light
or other adequate evidence, appears to have been due to the worker's negligence or wilful
fault. It seemed to us that many employers were not aware of this provision.
RATIONS
30. A worker is entitled to receive from his employer free of charge the following daily
ration of food :
600 grams of rice
200 grams of fish
65 grams of palm oil
20 grams of salt
together with an adequate quantity of vegetables and edible fruit. To supplement the ration,
a worker is also entitled to obtain from the employer a small plot of land for the production of
native food stuffs. He may also collect firewood for his cooking free of cost.
31. We received on some estates complaints about the quality of the rations and the
absence of certain items of food to which the men were accustomed. They would like rice
to be varied with gari and salt fish with stock fish. From samples of palm oil which we saw
on most of the estates it appeared that the quality was not good. There should be further
consultation between the Spanish Government and the Governments of the Federation on
the subject of the quality of these rations and the possibility of making available from igerian
sources additional items of foodstuff, such as yam, gari, edible oil and stock fish.
HOURS OF WORK
32. Articles 26 and 27 of the Agreement govern hours of work. They provide for a
normal eight hour day which shall not commence before 6 a.m. nor end after 6 p.m. Sundays
and Feast Days are holidays. That is the normal practice but, as in any agricultural or
industrial undertaking, there are certain jobs that must continue notwithstanding the setting
of the sun or the advent of a holiday. Where this is the case, the workers are on shift work.
In some instances task work is performed. Where a worker is required to do more than an
eight hour day, or more than a normal day's task overtime is paid.
33. We received complaints of excessive hours. It was not possible in all cases to
substantiate these complaints but we were satisfied that in most instances they were well-
founded. For example, on one estate we found that during the cocoa drying season workers
did a six hour shift followed by a six hour rest period, which was followed in its turn by a
further six hour shift. That amounts to a twelve hour day. Notwithstanding that overtime
is paid the workers felt that this was excessive and we agree.
10
LACK OF CURRENCY EXCHANGE FACILITIES
. 34. among Nigerians in Fernando Po is that the worker who
1s. returmng to N1gena IS not able to exchange his savings into sterling. This we believe
anses from the fact that sufficient sterling is not available to the Spanish authorities. Under
the of the Agreement a of a worker:s ":ages is paid in sterling in Calabar by
Spansh Government and IS held m reserve for him m the Post Office Savings Bank until
h1s return. But many the (and particularly men on second contracts whose peseta
wages are often would hke to be able to convert their peseta savings into sterling
to take home wth them. In the absence of exchange facilities in Fernando Po they are
compelled to resort to the black market where they might be cheated, or to purchase goods in
Fernando Po which they may not really want.
35. The problem has been referred to the Federal Government and is under consideration.
THE GENERAL TREATMENT OF WORKERS
36. As the previous paragraphs of this report indicate the treatment of workers varies
from estate to estate and from employer to employer and it is not possible to generalise.
. 37. Of. one point we feel reasonably assured. The Government of the Spanish t erritories
smcerely w1sh to put a,n end to Ill-treatment of We given His Excellency
the Governor-General s catcgoncal assurance of this. It 'vas our Impression too that the
of the commercial and community who accompanied us on some of our
VISits who heard the were much concerned at the degree of discontent manifest
on certam estates. Corporal pumshment and assaults on workers are a contravention of the
Spanish Labour Code and are punishable. His Excellency the Governor-General assured us
that any cases that are substantiated will be vigorously dealt with and we feel confident'that
this will be There have already been instances in which ill-treatment having been proved,
the respons1ble person has not only been fined but has had his permit to reside in Fernando
Po withdrawn and has been required to leave the territory.
38. In Article 3 (2) of the Agreement the Government of the Federation of Nigeria has
reserved to itself the to prohibit engagement of workers for any employer who
repeatedly,, or grossly, anfnnges the provisions of the Agreement. This power has in the
past been mvoked w1th salutary effect and one of the estates which we saw was an estate to
which some time ago recruitment had been stopped because of the ill-treatment of the workers.
As a result certain of the supervisory staff on the estate had been dismissed and when we
visited the estate we found a reasonably contented body or workers.
IMPLEMENTATIOr OF THE AGREEMENT
39. In the previous paragraphs of this Report we have set out some of our criticisms of
the manner in_ which the provisions of the Labour Agreement are being implemented. We
are, however, m no doubt that the Labour Agreement between the two Governments is to
the .mu.tual advant_age. of the Spanish employer and of the Nigerian worker. The Spanish
terntones need Ngenan labour; and Nigeria for the present at least needs the outlet for its
surplus labour that employment in the Spanish territories affords. In the absence of an
Agreement the chaotic conditions that existed prior to 1940 (to which reference has been
made. in the introduction to this Report) would with all their ensuing misery and
suffenng.
11 40. white warmers are between the empieyer and the individual abetirer, the Labour (Article 26 (2))-_ This 1>VS1<> 0f the Agreement <>t be fltill<><l unless Ll><>f [%*f Agreement was negotiated between the two Governments and it is incumbent on both to are available ta Investigate P1`OmPdY MY COmP!a}mS made by Wofkers In this YSPCt 6 ensure that its terms are scrupulously observed. While the Federal Government can draw Same can be Said about m*mY Of the other PYOVISIODS Of the AgYmHt fttemion te breaches Of thc Agrfiemcnt and imeess the sanctions reserved mit PY Article 3 (2) 47. The Nigerian labour staff would work in close consultation with the Spanish Authori- 1f the need arises, responsibility for the enforcement of these terms within the Spanish tics Who, We understood, were considwing an increase in their Own labour Stag. By keeping territories rests entirely with Spanish Government, We feel confident that that Government in frequent Contact with the estates they Would be able to acquaint themselves at an Carly sincerely wishes to fuliil its obligations. We are also convinced that if the terms of the Agree- Stage with the meds grievances and to Pass them OD to the appropriate authorities for Speedy mcrft mic SAHCCYGIY and SCWPUIOUSIY Observed by mPl0YYS and estate Owners in the Spamgh settlement. We are convinced that this, more than anything else, would contribute to the l territories the causes of dissatisfaction that we came across would largely be removed. more Satisfactory Working Of the Agreement and to the elimination Of causes for discontent- i 41. VVe feel that the Federal Government for its part should offer the Spanish Authorities ~ a greater degree of assistance in ensuring the observation of the Agreement than is at present given. The posting of a Nigerian Labour Officer to Fernando Po was in our view a measure a of great importance and we feel that the Spanish Authorities have found it helpful. But THE LABOUR AGREEMENT , we think that one Labour Oflicer assisted by one Assistant Labour Inspector is quite inadequate _ 43_ We are informed that the new Labour Agreement represents 3 substantial advance for the purpose. Provision exists in the Estimates for a further Labour Inspector but even On the provisions Of the previous agreement; There are a number of points on which, we when this Post is flied the Nigerian Staff in 'h SPai$h tYFit0Fl$ Wmild Dot be $~lHiim- consider, improvements could be effected and we recommend that when the Agreement next comes up for revision there should be the closest consultation between the Federal Govern- 42. The need for additional staff was forcefully brought home to us on our visits to the m'f and tht: G0VYmt of the Easmm Rgl0 OU the SubJCt of its tYmS estates. Some of the estates had not been visited for a long time and on those on which conditions were not good it seemed to us that grievances that might readily have been removed earlier were causing undue discontent. On these estates the men were obviously anxious to be able to lay their troubles before somebody who would listen to them sympathetically and FINAL INTERVIEWWITH HIS EXCELLENCY Wlitill W6 21pp31Cl their g1'lV31'1CS pOl11Cl Out. THE OF 43- WhH We Yffcommnd afi iF3Sd Labour Staff W do DOY intend to $ugg$t that the 49. Before our departure from Santa Isabel on the l3th November, we sought an interview Federal Gv<=rmt Should in mY WWSeek to USUYP the PY0PY functions of the SPaHiSh with His Excellency the Governor-General. He acceded to our request and granted us a long Authorities. Inspection of labour conditions in the Spanish territories is the function of jmcyvkw at which We were able to mise gi number gf matters, the Spanish Labour Authorities, just as in Nigeria, the inspection of labour conditions and P _ _ _ , , the enforcement of labour legislation is the function of the Nigerian Department of Labour. 50- Vi/6 XPY?S$cd Our thanks forlhc Pmvllegc that had been gfanwd te Us On Our almval ul But the situation in the Spanish territories is unique. The labour force is almost entirely YP*mdO PO to Vlslt any PlacS We wished to SCC- VV? conveyed to HIS Exceucmy Om aPPY' Nigerian and its recruitment and conditions are regulated by Agreement between the two CMUQH Qf th? CO'OPY*mOn_Wc had received from all hls Omccrs and also Our gratitude for the Governments. The best results will only be obtained if the two Governments face the h0SPltahtY given to Us during Our Stal'- problem of implementing the Agreement in the closest co-operation and with mutual 011d 5]_ We also expressed to His Excellency our conviction that it was in the interests of both and Hush sides that cordial relations and mutual trust and co-operation should continue between the 44. We recommend that the Nigerian labour staff in the Spanish territories be augmented Spanish Government and the Governments Of the Fcdcmuon Of Nga by the posting of a further Labour Oflicer who would be based on Bata in Rio Muni on the S2. The delegation then raised with His Excellency the criticisms and complaints of which Mainland. Bata is 150 miles from Santa Isabel and although there are air services between they had been made aware during their visits to estates and other establishments. In particular Q the two places, it is not possible for the Labour Oiiicer stationed at Santa Isabel to maintain they referred to : . the close Contact with Nigerian Workfirs in Rio MI}i which WC regard Q? sSmi3l Spanish (41) the inadequate overcrowded and unsatisfactory housing provided on certain estcztes.See Labour staff are based on Bata and it is, in our view, essential that Nigerian Labour Staff Paragraphs 25_27 Of the Report. should be posted there also. The two Labour Officers should be supported by sufficient b h t d . . k S _ h 29 fth R t Labour Inspectors and Assistant Labour Inspectors to enable every estate on which Nigerians ( ) i e ncibtbaymgn Of uiages Wmg me nsS'_ ge Palagmp 0 6 cpm ` are employed to be visited not less frequently than once a quarter, (c) the qualzty of the ratz0ns.See paragraphs 30-31 of the Report. _ (d) reports of illufreatmcni on certain states.-See paragraphs 23 and 36-38 of the Report. 45. We consider that one Labour Inspector should be based on San Carlos. San Carlos [ 'k S h 32 d 33 f h R t is 30 miles from Santa Isabel by road. Apart from the distance, workers in the San Carlos (8) ?OWS_0fwO ' ee Qamgrap S _ an O t C Cpor ' _ _ Area wishing to go to Santa Isabel to see the Nigerian Labour Oilicer or the Viee-CnnSu1 must (f) zmprz0nment.We informed His Excellency that the provision of the Agreement that obtain a pass from the Spanish Authoritiesa requirement which deters many of them from made imprisonment for breaches of contract illegal had given satisfaction in Nigeria. _We making the journey added, however, that there was still some concern at reports of the detention of Nigerians in prison for long periods without sentence being passed on them. We understood that all 46. A number of complaints were made to us about onerous task work. The Agreement cases are initially tried in a Magistrates Court and that if a prisoner is found guilty a Magis- provides that in the case of task work it shall in any case of doubt or complaint be required trate can only pass a limited sentence. lf the offence is of such a character that merits a that the Consular Agent, or the Labour Officer acting on his behalf, and the Spanish Commis- longer sentence than it is competent for a Magistrate to impose, the case may be referred to a sioner of Labour shall agree that the task can reasonably be performed in eight working hours higher court. It appeared to us that the delays between hearing in the Magistrates Court 12 13
4<>. While contracts are between the employer and the individual labourer, the Labour
Agreement was negotiated between the two Governments and it is incumbent on both to
ensure that its terms are scrupulously observed. While the Federal Government can draw
attention to breaches of the Agreement and impose the sanctions reserved to it by Article 3 (2)
if the need arises, responsibility for the enforcement of these terms within the Spanish
territories rests entirely with Spanish Government. We feel confident that that Government
sincerely wishes to fulfil its obligations. We are also convinced that if the terms of the Agree-
ment are sincerely and scrupulously observed by employers and estate owners in the Spanish
territories the causes of dissatisfaction that we came across would largely be removed.
41. We feel that the Federal Government for its part should offer the Spanish Authorities
a greater degree of assistance in ensuring the observation of the Agreement than is at present
given. The posting of a Nigerian Labour Officer to Fernando Po was in our view a measure
of great importance and we feel that the Spanish Authorities have found it helpful. But
we think that one Labour Officer assisted by one Assistant Labour Inspector is quite inadequate
for the purpose. Provision exists in the Estimates for a further Labour Inspector but even
when this post is filled the Nigerian staff in the Spanish territories would not be sufficient.
42. The need for additional staff was forcefully brought home to us on our visits to the
estates. Some of the estates had not been visited for a long time and on those on which
conditions were not good it seemed to us that grievances that might readily have been removed
earlier were causing undue discontent. On these estates the men "verc obviously anxious to
be able to lay their troubles before somebody who would listen to them sympathetically and
when we appeared their grievances poured out.
43. When we recommend an increased Labour Staff we do not intend to suggest that the
Federal Government should in any way seek to usurp the proper functions of the Spanish
Authorities. Inspection of labour conditions in the Spanish territories is the function of
the Spanish Labour Authorities, just as in Nigeria, the inspection of labour conditions and
the enforcement of labour legislation is the function of the Nigerian Department of Labour.
But the situation in the Spanish territories is unique. The labour force is almost entirely
Nigerian and its recruitment and conditions are regulated by Agreement between the two
Governments. The best results will only be obtained if the two Governments face the
problem of implementing the Agreement in the closest co-operation and with mutual confidence
and trust.
44. We recommend that the Nigerian labour staff in the Spanish territories be augmented
by the posting of a further Labour Officer who would be based on Data in Rio Muni on the
Mainland. Bata is 150 miles from Santa Isabel and although there arc air services between
the two places, it is not possible for the Labour Officer stationed at Santa Isabel to maintain
the close contact with Nigerian workers in Rio Muni which we regard as essential. Spanish
Labour staff are based on Bata and it is, in our view, essential that igerian Labour Staff
should be posted there also. The two Labour Officers should be supported by sufficient
Labour Inspectors and Assistant Labour Inspectors to enable eYery estate on which Nigerians
arc employed to be visited not less frequently than once a quarter.
45. We consider that one Labour Inspector should be based on San Carlos. San Carlos
is 30 miles from Santa lsabel by road. Apart from the distance, workers in the San Carlos
Area wishing to go to Santa Isabel to see the Nigerian Labour Officer or the Vice-Consul must
obtain a pass from the Spanish Authorities- a requirement which deters many of them from
making the journey.
46. A number of complaints were made to us about onerous task work. The Agreement
provides that in the case of task work it shall in any case of doubt or complaint be required
that the Consular Agent, or the Labour Officer acting on his behalf, and the Spanish Commis-
sioner of Labour shall agree that the task can reasonably be performed in eight working hours
12
(Article 26 (2)). This provision of the Agreement cannot be fulfilled unless Labour Staff
are available to investigate promptly any complaints made by workers in this respect. The
same can be said about many of the other provisions of the Agreement.
47. The Nigerian labour staff would work in close consultation with the Spanish Authori-
ties who, we understood, were considering an increase in their own labour staff. By keeping
in frequent contact with the estates they would be able to acquaint themselves at an early
stage with the men's grievances and to pass them on to the appropriate authorities for speedy
settlement. '"e are convinced that this, more than anything else, would contribute to the
more satisfactory working of the Agreement and to the elimination of causes for discontent.
THE LABOUR AGREEMENT
48. We are informed that the new Labour Agreement represents a substantial advance
on the provisions of the previous agreements. There are a number of points on which, we
consider, improvements could be effected and we recommend that when the Agreement next
comes up for revision there should be the closest consultation between the Federal Govern-
ment and the Government of the Eastern Region on the subject of its terms.
FINAL I TERVIEW WITH HIS EXCELLENCY
THE GOVERNOR-GENERAL OF SPANISH GUINEA
49. Before our departure from Santa lsabel on the 13th we sought an interview
with His Excellency the Governor-General. He acceded to our request and granted us a long
interview at which we were able to raise a number of matters.
50. We expressed our thanks for the privilege that had been granted to us on our arrival in
Fernando Po to visit any places we wished to see. We conveyed to His Excellency our appre-
ciation of the co-operation we had received from all his officers and also our gratitude for the
hospitality given to us during our stay.
5 I. We also expressed to His Excellency our conviction that it was in the interests of both
sides that cordial relations and mutual trust and co-operation should continue between the
Spanish Government and the Governments of the Federation of Nigeria.
52. The delegation then raised with His Excellency the criticisms and complaints of which
they had been made aware during their visits to estates and other establishments. In particular
they referred to :-
(a) the inadequate overcrowded and unsatisfactory housing provided on certain estates.-See
paragraphs 25-27 of the Report.
(b) the non-payment of wages during sickness.-See paragraph 29 of the Report.
(c) the quality of the rations.-See paragraphs 30-31 of the Report.
(d) reports of ill-treatment on certain states.- See paragraphs 23 and 36-38 of the Report.
(e) !tours of worh.- See paragraphs 32 and 33 of the Report.
(f) imprisomnent.- We informed His Excellency that the provision of the Agreement that
made imprisonment for breaches of contract illegal had given satisfaction in Nigeria. We
added, however, that there was still some concern at reports of the detention of igerians
in prison for long periods without sentence being passed on them. We understood that all
cases are initially tried in a Magistrate's Court and that if a prisoner is found guilty a Magis-
trate can only pass a limited sentence. If the offence is of such a character that merits a
longer sentence than it is competent for a Magistrate tcr impose, the case may be referred to a
higher court. It appeared to us that the delays between hearing in the Magistrate's Court
13 and hearing in the higher court gives rise to the complaint that We have referred to. It had AGREEMENT been eXplained to us that cases in which prisoners are remitted to prison awaiting SentnS CONCLUDED BETWEEN THEIR EXCELLENCIES THE GOVERNOR_GENERAL AND COMMANDER_IN_CHIEF are cases in which the charge had been proven and that in no case is the prisoner detained for F w TH THE AUTHORITY AND CONSENT OF THE longer than the maximum period laid down by the law, VVe explained to His Excellency IN AND OVER IIIE EDEIIAIION OE I IOERIA VVI N I that when relatives of Workers in Nigeria hear that a man has been sent to prison Without GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND ORTHERN RELAND knowing the period of his detention, it naturally causes great concern, and we asked His AND THE GovERNoRGENEnAL or THE SPANISH PROVINCE OF THE GULF or GUINEA EXOOIIOIIOY IO Consider Whether anything can he dnne tn Speed UP the PY0$S OI IIOIIIIOE OI WITH THE AUTHORITY AND CONSENT or THE SPANISH STATE ron THE RECRUITIVIENT cases in the superior court. OF NIGERIAN ADULT MALE WORKERS IN THE FORMER COUNTRY WITH THE (g) tht? pass System.VVe questioned the necessity for insisting that workers in the San OBJECT OF VVORKING IN TIIE SAID SPANISH PROVINCE Carlos 31*33 who VVISII to proceed to Santa Isabel to scc the ViC-COHSUI, OI' Labour Officer, The Government Of the Federation Of Nigeria with the authority and consent Of the 7 Obmm paSSS` Government of the United Kingdom of Great Britain and Northern Ireland, and the Govern- (lr) additional gzg]j_We Cgnveygd to His Excellency the substance of the vieWS that W6 ment of the Spanish Province of the Gulf of Guinea, with the authority and consent of the i have expressed in an earlier part of this Report on the implementation of the pr0vISi0nS of the Government of the Spanish State, AgIII1I1t. We said it was our firm conviction that this could best be done by an 1HC1'3$ IH I _ _ _ _ the labour staff available to carry out inspections of estates. We explained to His Excellency .DS1f1Hg further to regulate and control in the common interest, the recruitment of that we proposed to recommend to the Federal Government increases in the Nigerian labour Nigerian adult male Workers for employment in the Spanish Province of the Gulf of Guinea staff posted to the Island. and also the working conditions of such workers IH that Province, (i) the H10 State Uni0u.We had been requested by the Ibo State Union to make IOPIOSOIE Considering the desirability of concluding a new Agreement to supersede and replace the tatfons to the SPZHISII AUthOIltltIS \Vlth 3 ViWto thi} Union blI1g PIH'Iittd to carry out IIS Agreement Signed {hg Govgfnoys Of Nigeria and Of the Spanish Tgffitgfigs Of the cultural activities among the Ibos in the Spanish territories, We represented the case of the Of Guinea OH the 6th September, ]954_ Have agreed as {snows ; Union to His Excellency. 53. His Excellency received our representations sympathetically and undertook to give them due consideration. ARTICLE 1 The Government of the Federation of Nigeria shall allow and facilitate the engagement in Nigeria of Nigerian adult male workers by recruiting agents authorised by that Government CONCLUSION V; on the recommendation of the Government of the Spanish Province of the Gulf of Guinea, . . . . provided the contract between each worker so engaged and his employer is made in accordance 54. We have put forward certain criticisms and suggestions which we feel are justified and with this Agreement which if acted upon would remove much of the cause of dissatisfaction. 55. We reiterate that it is our opinion that the continuance of the Agreement between the ARTI CLE 2 two Governments and the scrupulous observation of its terms are essential in the interest of all parties. To this end we recommend most strongly that the Nigerian labour staff in the Spnnlsh Every employer in the Spanish Province of the Gulf of Guinea who wishes to employ territories should be augmented to the extent indicated in paragraph 44 of our Report. any Nigerian worker in such territories shall apply in writing to the Governor-General of the _ Spanish Province of the Gulf of Guinea stating the number of workers required whose con- 56- W6 futthnf recommend that the criticisms and $Ugg$IIOII$ made IJY US VOIIMIIY IO HIS ditions of employment will be in accordance with this Agreement. The Government of the EXCIII1Cy IZIIC GOVfHO1'GHf3l should be [l] subject of 2, fOf1'I1&l COIIIHIUHICHIIOH from the Spanish Province; of {hg gf Guinea, having ygcgivcd the gpp]i(;gti0n Shall approve Oi- Fdf~1l Government to the Government ofthe Spanish Province ofthe Gulf of GIIIIIOEL _ reject it. If the application is approved, it shall be sent to a recruiting agent authorised in \ ccordance with article l, who shall proceed to recruit on behalf of the employer the number ix I f workers specified in the application or such smaller number of workers as may have been ]. IVI. JOHNSON, etermined by the Government of the Spanish Province of the Gulf of Guinea. Federal Minister of Internal Ajfairs, Labour and I/Vehfare ` B. C. Oxwu Minister of Information of the Eastern Region ARTICLE 3 (1) On receiving the duly approved application, the recruiting agent shall make efforts to recruit the number of workers determined in the same in the region or regions in which he is C' OKEYA* authorised so to do by the Government of the Federation of Nigeria. Member for Owerrz, in the Eastern House of Assembhz ' (2) The Government of the Federation of Nigeria reserves to itself the right to prohibit E. O- EYO the engagement of workers by any recruiter or recruiting agent or for any employer who I Membgyfoy Uyo in the Eastem Home Of Assembly repeatedly or grossly infringes the provisions of this Agreement. i T l5 I4
and hearing in the higher court gives rise to the complaint that we have referred to. It had
been explained to us that cases in which prisoners are remitted to prison awaiting
are cases in which the charge had been proven and that in no case is the dc!amed for
longer than the maximum period laid down by the law. We explained to Exce!lency
that when relatives of workers in Nigeria hear that a man has been sent to pnson
knowing the period of his detention, it naturally causes great concern, and we aske? His
Excellency to consider whether anything can be done to speed up the process of hcanng of
cases in the superior court.
(g) the pass system.-Vlc questioned the necessity for insisting that workers in the San
Carlos area who wish to proceed to Santa Isabel to see the Vice-Consul, or Labour Officer,
obtain passes.
(/t) additional s/(iff.-Wc conveyed to His Excellency the substance of the that we
have expressed in an earlier part of this Report on the implementation of the of
Agreement. \Ve said it \Yas our firm conviction that this could best be done by an mcrease m
the labour staff available to carry out inspections of estates. We explained to His Excellency
that we proposed to recommend to the Federal Government increases in the Nigerian labour
staff posted to t he Island.
(i) the Ibo State Unio11.-We had been requested by the lbo State Union to make represe?-
tations to the Spanish Authoritities with a view to the Union being permitted to carry out tts
cultural activities among the Ibos in the Spanish territories. We represented the case of the
Uni on to His Excellency.
53. His Excellency received our representations sympathetically and undertook to give
them due consideration.
CONCLUSION
54. We have put forward certain criticisms and suggestions which we feel are justified and
which if acted upon would remove much of the cause of dissatisfaction.
55. We reiterate that it is our opinion that the continuance of the Agreement between the
two Governments and the scrupulous observation of its terms are essential in the interest of all
parties. To this end we recommend most strongly that the Nigerian labour staff in the Spanish
territories sl.ould be augmented to the extent indicated in paragraph 44 of our Report.
56. We further recommend that the criticisms and suggestions made by us verbally to His
Excellency the Governor-General should be the subject of a formal communication from the
Federal Government to the GoYernment of the Spanish Provi nce of the Gulf of Guinea.
J. M. }OHNSON,
Federal Minister of Internal Affairs, Labour and Welfare
B. C.OKWU
Minister of Information of the Eastern Region
G. c. 0 KEYA,
Member for Owerri, in the Eastern. House of Assembly
E. 0. EYO,
Member for Uyo in the Eastern House of Assembly
14
))
AGREEMENT
CONCLUDED BETWEEN THEIR EXCELLENCIES THE GOVERNOR-GENERAL AND COMMANDER- IN-CHIEF
IN AND OVER THE F EDERATION OF NIGERIA WITH THE AUTHORITY AND CONSENT OF THE
GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN A..'m XORTHERN IRELAND
AND TilE GOVERNOR-GENERAL OF THE SPANISH PROVINCE OF HIE GULF OF GUINEA
WITH TilE AUTHORITY AND CONSENT OF TilE SPANISH STATE FOR THE RECRUITMENT
Of NIGERIAN ADULT MALE WORKERS IN TilE FoRMER COUNTRY WITH THE
OBJECT oF WoRKING IN nrn SAID SPAi'<ISH PnovmcE
The Government of the Federation of ligcria, with the authority and consent of the
Government of the United Kingdom of Great Britain and Northern Ireland, and the Govern-
ment of the Spanish Province of the Gulf of Guinea, with the authority and consent of the
Government of the Spanish State,
Desiring further to regulate and control in the common interest, the recruitment of
Nigerian adult male workers for employment in the Spanish Province of the Gulf of Guinea
and also the working conditions of such workers in that Province,
Considering the desirability of concluding a new Agreement to supersede and replace the
Agreement signed by the Governors of Nigeria and of the Spanish Territories of the Gulf
of Guinea on the 6th September, 1954. Have agreed as follows:-
ARTICLE 1
The Government of the Federation of Nigeria shall allow and facilitate the engagement
in Nigeria of Nigerian adult male workers by recruiting agents authorised by that Government
on the recommendation of the Government of the Spanish Province of the Gulf of Guinea,
provided the contract between each worker so engaged and his employer is made in accordance
with this Agreement.
ARTI CLE 2
Every employer in the Spanish Province of the Gulf of Guinea who wishes to employ
any Nigerian worker in such territories shall apply in writing to the Governor-General of the
Spanish Province of t he Gulf of Guinea stat ing the number of workers required whose con-
ditions of employment wi ll be in accordance with this Agreement. T he Government of the
Spanish Province of the Gulf of Gui nea, having received the application, shall approve or
reject it. If the application is approved, it shall be sent to a recruiting agent authorised in

with article 1, who shall proceed to recruit on behalf of the employer the number
f workers specified in the application or such smaller number of workers as may have been
etermined by the Government of the Spanish Province of the Gulf of Guinea.
ARTICLE 3
(1) On receiving the duly approved application, the recruiting agent shall make efforts to
recruit the number of workers determined in the same in the region or regions in which he is
authorised so to do by the Go,ernment of the Federation of Xigcria.
(2) The Government of the Federation of Nigeria reserves to itself the right to prohibit
the engagement of workers by any recruiter or recruiting agent or for any employer who
repeatedly or grossly infringes the provisions of this
15 ' l iAR*r1cLE 4 Q Bf h " d h d k hllbb hbf h h`d i ARTICLEIZ e ore t e contract 1S signe eac recruite wor ers a e roug t e ore t e aut orise r _ , _ _ _ _ l representative of the Government of the Federation of Nigeria in the port from which he is to l Nlgenen Workers emlneyed ln ine SP?nSn_PFVnee ef the Gulf of Gmnee Shall au'd embark and Shan be axamincd at the expense Of the employer OI. his agent by a ragistarad 1 freedom of COHSCICHCG and to practise their religion, The spiritual needs Of the S21 WOT lS medical practitioner appointed by that Government, Pmvidad that Where a contract is antarad i shall be attended to by Christian Chaplams and ~l\/Ioslern Priests nominated yvith tlge 0HgI into in the Spanish Province of the Gulf of Guinea, the worker shall be brought before the I ef tne_ Gevernmente ef tne Fedemnen of Nigeria and of the SPen*sn Pr<>V1<> O t e u Consular Agent, or the Labour Officer acting on his behalf, and examined at the expense of I of GLnnee the employer or his agent by a doctor of the Medical Service of the Government of the Spanish ART LE 1 I Province of the Gulf of Guinea. If the worker on medical or other grounds outside his will IC 3 is not suitable to be contracted the employer or his agent shall pay the cost of the workers (1) A Niger-ian Vvorkcr accused Og any nganca against tha law Whilst in the Spanish ` return journey to the place, if any, where he was recruited. \ Province of the Gulf of Guinea shall be brought before the appropriate authority, and the l E Consular Agent shall be so informed at the same time. The Consular Agent shall also be l informed of the result of the proceedings without delay. ARTICLE 5 ij (2) Whenever an employer or worker neglects or refuses to fulfil the contract under this ` No Workcr Shall bc contractcd Whosc apparent agc is lcss than eighteen y3yS_ AgY?IHHt O1` Wh1'1V1i 3Hy QUCSFIOH, dilTI'I1CC OI' dlSpLltC 3IiSS BS to O1' ll3blllt1$ of either party or touching any misconduct, neglect or illtreatment or any injury to the person or property of either of the parties to the contract, the party feeling agrieved may make a ARTI CLE 6 complaint to the appropriate authority which shall hear the case ; i A workers wives and his children under the age of sixteen years may accompany him to Provided that HO Werkcr may be lmpnsoncd for iT _ _ _ i tha Prana Of employment, Provided that the numbal. Of Wives docs not cxccad tWn_ These (az) any refusal or failure of the worker to commence or perform the service stipulated in a persons shall not be obliged to work for the employer. the eenneeet i l (Z2) any neglect of duty or lack of diligence on the part of the worker ; ` (c) the absence of the worker without permission or valid reason ; and ARTICLE 7 the desertion of the worker. j The employer or his agent shall provide for the workers and their families the necessary ARTICLE 14 l means of transport from the place of recruitment to the place of employment, and shall bear l the expense of such transport and of subsistence during the journey. The contract between the worker and the employer or his authorised agent shall be made l in writing in the form of the Schedule and shall be attested by an officer of the Government of the Federation of Nigeria specially appointed for that purpose before the worker takes up ARTICLE 8 his employment. If the workers and their families are obliged to make long journeys on foot, the duration ARTICLE 15 f d`l` b `bl `hh` h` l b`l`t` d `ll `h ighogeeof fjIligxxit(iiLii'e1rie:in1dle1f1i1dreerinmpatl c Wit t Cue P yslca Cape 1 1 lcs an cspecm y WH The Spanish Authorities of the Gulf of Guinea of whatever rank or authority shall recognise the legal validity of any contracts or copies of contracts which are duly made in the form prescribed by this Agreement and the signature of the representative of the Government of ARTICLE 9 the Federation of Nigeria attesting any such contracts or copies shall have the effect of a . . . . . ` ' d ll ` b d f f h h ' ` b liuring tlge jalurnpyttgnledggorkers and their families shall be provided with adequate ;:i?;;t;cl;l;@mcgggpgcin Sha m every case e acccpte as a Proc 0 t 6 aut Cnuclty su sis ence an me ica a . ` ARTICLE 16 ARTICLE 10 (1) The contract shall be made out in qnadruplicate at the expense of the employer. Two The Government of the Spanish Province of the Gulf of Guinea shall adopt all necessary 0P1es Shall be ih Ehghsh shd two ih SP%h1sh Ohe COPY in Ehghsh shan be nehveren free measures to ensure that the ships and vehicles of whatever type used for the conveyance of of charge th the Whrkef by the YePTesehtshVe of the Ghvemmeht of the Fedemheh of Nlgehs the workers and their families are in good sanitary condition, and are not overloaded. who shall also forward the other English copy to his Government to be filed; and of the two Spanish copies one shall be sent to the Spanish Commissioner of Labour who shall register 1t, and the other to the employer or his representative. ARTICLE ll (2) The capitation fee payable by the employer to the Government of the Federation of . . . . . Nigeria for each first contract shall be five pounds sterling and for the second contract twenty- Workers shall not pay customs dues on entering Spamsh territory or on being repatriated ave Csctas to Nigeria in respect of their personal effects and tools and those of their families; neither P ` shall they be liable to any direct taxation in the Spanish Province of the Gulf of Guinea. (3) The charge payable by the employer for the medical examination of the worker hall be five shillings. 16 S 17
ARTICLE 4
Before the contract is signed each recruited worker shall be brought before the authorised
representative of the Government of the Federation of Nigeria in the port from which he is to
embark and shall be examined at the expense of the employer or his agent by a registered
medical practitioner appointed by that Government, provided that where a cont ract is entered
into in the Spanish Province of the Gulf of Guinea, the worker shall be brought before the
Consular Agent, or the Labour Officer acting on his behalf, and examined at the expense of
the employer or his agent by a doctor of the Medical Service of the Government of the Spanish
of the Gulf of Guinea. If the worker on medical or other grounds outside his will
IS not SUitable to be contracted the employer or his agent shall pay the cost of the worker's
return journey to the place, if any, where he was recruited.
ARTI CLE 5
No worker shall be contracted whose apparent age is less than eighteen years.
ARTICLE 6
A worker's wives and his children under the age of sixteen years may accompany him to
the place of employment, provided that the number of wives does not exceed two. These
persons shall not be obliged to work for the employer.
ARTICLE 7
The employer or his agent shall provide for the workers and their families the necessary
means of transport from the place of recruitment to the place of employment, and shall bear
the expense of such transport and of subsistence during the journey.
ARTICLE 8
If the workers and their families are obliged to make long journeys on foot, the duration
of the daily journey must be compatible with their physical capabilities and especially with
those of the women and children.
ARTICLE 9
During the journey the workers and their families shall be provided with adequate
subsistence and medical attention.
ARTICLE 10
The Government of the Spanish Province of the Gulf of Guinea shall adopt all necessary
measures to ensure that the ships and vehicles of whatever type used for the conveyance of
the workers and their families are in good sanitary condition, and are not overloaded.
ARTICLE 11
Workers shall not pay customs dues on entering Spanish territory or on being repatriated
to Nigeria in respect of their personal effects and tools . and those of their families ; neither
shall they be liable to any direct taxation in the Spanish Province of the Gulf of Guinea.
16
ARTICLE 12
Nigerian workers employed in the Spanish Province of the Gulf of Guinea shall be allowed
freedom of conscience and to practise their religion. The spiritual needs of the said workers
shall be attended to by Christian Chaplains and Moslem Priests nominated with the consent
of the Governments of the Federation of Nigeria and of the Spanish Province of the Gulf
of Guinea.
ARTICLE 13
(1) A Nigerian worker accused of any offence against the law whilst in the Spanish
Province of the Gulf of Guinea shall be brought before the appropriate authority, and the
Agent shall be so informed at the same time. The Consular Agent shall also be
mformed of the result of the proceedings without delay.
(2) Whenever an employer or worker neglects or refuses to fulfil the contract under this
Agreement or whenever any question, difference or dispute arises as to the rights or liabilities
of either party or touching any misconduct, neglect or ill-treatment or any injury to the person
or property of either of the parties to the contract, the party feeling agrieved may make a
complaint to the appropriate authority which shall hear the case ;
Provided that no worker may be imprisoned for :-
(a) any refusal or failure of the worker to commence or perform the service stipulated in
the contract ;
(b) any neglect of duty or lack of diligence on the part of the worker;
(c) the absence of the worker without permission or valid reason; and
(d) the desertion of the worker.
ARTICLE 14
The contract between the worker and the employer or his authorised agent shall be made
in writing in the form of the Schedule and shall be attested by an officer of the Government
of the Federation of Nigeria specially appointed for that purpose before the worker takes up
his employment.
ARTICLE 15
The Spanish Authorities of the Gulf of Guinea of whatever rank or authority shall recognise
the legal validity of any contracts or copies of contracts which are duly made in the form
prescribed by this Agreement and the signature of the representative of the Government of
the Federation of Nigeria attesting any such contracts or copies shall have the effect of a
certified public document and shall in every case be accepted as a proof of the authenticity
and existence of the contract.
ARTICLE 16
(1) The contract shall be made out in quadruplicate at the expense of the employer. Two
copies shall be in English and two in Spanish. One copy in English shall be delivered free
of charge to the worker by the representative of the Government of the Federation of Nigeria
who shall also forward the other English copy to his Government to be filed ; and of the two
Spanish copies one shall be sent to the Spanish Commissioner of Labour who shall register it,
and the other to the employer or his representative.
(2) The capitation fee payable by the employer to the Government of the Federation of
Nigeria for each first contract shall be five pounds sterl ing and for the second contract twenty-
five pesetas.
(3) The charge payable by the employer for the medical examination of the worker
shall be five shillings.
17 F" l Provided that the rate shall be increased in proportion to any increase in the minimum rate ARTICLE 17 of wages fixed by the Government of the Spanish Province of the Gulf of Guinea for payment to (1) The transfer of a contract from one employer to another shall not be effected unless the workers indigenous to these territories. the worker freely and spontaneously gives his consent before the Spanish Commissionerof Labour and the Consular Agent, or the Labour Oiiicer acting on his behalf, both of Whlch ARTICLE 23 ` L` Ofiicers must certify the transfer on the form or contract. I _ (1) A Wm-ker Shall not be entitled to receive any wages with respect to periods dufihg Which 1 (2) On the joint application of the two parties to a contract, the Spanish Commissroner he Wilfuuy absems himself from his Work Or is imprisoned V of Labour shall institute action to effect the transfer of the contract from the employer to . . . . . . 22 l another employer. (2) A worker shall be paid that portion of his wages calculated in accordance with article (3) AD transfer made in ursuanc f b {C1 (2) Shall bc Subkct to the mvisions with respect to any period during which the worker is incapacitated by sickness or accident f b . E, D P G O su "ar I 6 l P except in any case where the sickness or accident in the opinion of the doctor or in the light of Su `amc 6 ( other adequate evidence appears to have been due to the worker s negligence or wilful fault. ARTICLE 18 (3) Any deduction lawfully made from the wages of a worker shall, in the first instance, be . . . . made from the portion of the wages paid in accoradance with article 22 : The nature of the work on which the workers shall be employed is agricultural, sylvi- _ _ _ cultural, industrial, commercial or domestic service. i Provided that (cz) if this portion is insufficient for the purpose, or (b) if in special circumstances the Consular Agent or the Labour Oiiicer acting on his behalf _ ARTICLE 19 agrees, the deduction may be made in whole or in part from that portion of the workers The duration of the first contract signed between the employer and the worker shall be W3gS Paid ih 30T<i3h with article Zi for a period of two years. The duration of the contract shall be calculated from the date on which the worker arrives in Santa Isabel in the case of a worker employed in Fernando Po. ARTICLE 24 In the case of a worker to be employed in Rio Muni the contract shall be calculated from the _ _ _ _ date of his arrival in Bata or from a date two weeks after his arrival in Santa Isabel whichever Before his departure from Nigeria for employment in the Spanish Province of the Gulf of is the earlier. In the case of a contract made in the Spanish Province of the Gulf of Guinea Guinea the contracted worker shall receive a grant from the employer of a sum of five shillings. the date of commencement shall be as stated in the contract. The contract shall include any periods during which the worker is in prison or incapacitated by sickness or accident. K Provided that the worker may freely and spontaneously consent before the Consular _ _ _ ARTICLE 2; _` 1 Agent, or the Labour Officer acting on his behalf, and the Spanish Commissioner of Labour lo oddltloh te his Wogoo the Wolliol Shall looolvo {Yom lilo omP oYol' lloo ol Charge tho toserve thefemployer for an additional term not longer than the total of the periods spent in following dolly lation f;ggd *_ f 65 f 1 .1 prison or o incapacity. grammes o rice, grammes o pa m oi , 250 grammes of fish, 20 grammes of salt ; ARTICLE 20 and an adequate quantity of vegetables and edible fruits. (1) From the date of his recruitment until the date of his embarkation in Nigeria, and With the express approval of the Director of the Medical Service of the Spanish Province also from the date of his disembarkation to the date of his arrival at the place where he was of the Gulf of Guinea and the Spanish Commissioner of Labour, given after consultation with recruited, the worker shall receive from the employer an allowance of 6d a day for a period the Consular Agent, there may be substituted for these articles alternative ones of equal nutritive not exceeding eight days. He shall receive full rations during his stay in the transit camp. value. (2) From the date of his embarkation in Nigeria the worker shall be remunerated as ( (2) The employer shall place at the disposal of any worker, on the request of such worker, though he were serving under contract. an area of 1-50 hectare in respect of the worker and each member of his family to be used for the production of native foodstuffs : Provided that this provision shall not apply in any case in which the Spanish Commissioner ARTICLE 21 of Labour and the Consular Agent jointly determine that it is not reasonably practicable. (l) A portion of the wages of each Worker, amounting to twenty shillings with respect to (3) The worker shall have the right to collect firewood for his cooking free of cost. each completed month of his contract, shall be remitted to the Spanish Commissioner of Labour (4) The employer Shall Provide adequate and hygienic quarters for the Worker and his for transmission to the Government of the Federation of Nigeria for payment to the worker in famil sterling on his arrival in Nigeria after the termination of the contract. yi . . . . . . bl . d . , . k h . h (5) The employer shall provide at his own expense medical and pharmaceutical aid and (2) The portion of the wages paya e in accor ance WVIUI snub-article (1) ta en toget er wit hospitalisation for the Worker and his family that portion payable in accordance with article 22 shall constitute the whole of the wages due to a worker. ARTICLE 26 ARTICLE 22 (1) WVhere work is performed on a basis of time, the normal working day shall consist of The portion of the wages remaining due to the worker after the payment made in accordance eight hours exclusive of intervals for meals or rest and shall not commence before 6 a.m. with article 21 (1) shall be paid in the Spanish territories, and shall be at the minimum rate of nor end after 6 p.m, one hundred and ten pesetas per month : 19 18 ARTICLE 17
(1) The transfer of a contract from one employer to another shall not be effected unless
the worker freely and spontaneously gives his consent before the Spanish Commissioner of
Labour and the Consular Agent, or the Labour Officer acting on his behalf, both of which
officers must certify the transfer on the form of contract.
(2) On the joint application of the two parties to a contract, the Spanish Commissioner
of Labour shall institute action to effect the transfer of the contract from the employer to
another employer.
(3) Any transfer made in pursuance of sub-article (2) shall be subject to the provisions
of sub-article (1 ).
ARTICLE 18
The nature of the work on which the workers shall be employed is agricultural, sylvi-
cultural, industrial, commercial or domestic service.
ARTICLE 19
The duration of the first contract signed between the employer and the worker shall be
for a period of two years. The duration of the contract shall be calculated from the date on
which the worker arrives in Santa Isabel in the case of a worker employed in Fernando Po.
In the case of a worker to be employed in Rio Muni the contract shall be calculated from the
date of his arrival in Bata or from a date two weeks after his arrival in Santa Isabel whichever
is the earlier. In the case of a contract made in the Spanish Province of the Gulf of Guinea
the date of commencement shall be as stated in the contract. The contract shall include any
periods during which the worker is in prison or incapacitated by sickness or accident.
Provided that the worker may freely and spontaneously consent before the Consular
Agent, or the Labour Officer acting on his behalf, and the Spanish Commissioner of Labour
to serve the employer for an additional term not longer than the total of the periods spent in
prison or of incapacity.
ARTICLE 20
(1) From the date of his recruitment until the date of his embarkation in Nigeria, and
also from the date of his disembarkation to the date of his arrival at the place where he was
recruited, the worker shall receive from the employer an allowance of 6d a day for a period
not exceeding eight days. He shall receive full rations during his stay in the transit camp.
(2) From the date of his embarkation in Nigeria the worker shall be remunerated as
though he were serving under contract.
ARTICLE 21
(1) A portion of the wages of each worker, amounting to twenty shillings with respect to
each completed month of his contract, shall be remitted to the Spanish Commissioner of Labour
for transmission to the Government of the Federation of Nigeria for payment to the worker in
sterling on his arrival in Nigeria after the termination of the contract.
(2) The portion of the wages payable in accordance with sub-article (1) taken together with
that portion payable in accordance with article 22 shall constitute the whole of the wages due
to a worker.
ARTICLE 22
The portion of the wages remaining due to the worker after the payment made in accordance
with article 21 (1) shall be paid in the Spanish territories, and shall be at the minimum rate of
one hundred and ten pesetas per month :
18
Provided that the rate shall be increased in proportion to any increase in the minimum rate
of wages fixed by the Government of the Spanish Province of the Gulf of Guinea for payment to
the workers indigenous to these territories.
ARTICLE 23
(1) A worker shall not be entitled to receive any wages with respect to periods during which
he wilfully absents himself from his work or is imprisoned.
(2) A worker shall be paid that portion of his wages calculated in accordance with article 22
with respect to any period during which the worker is incapacitated by sickness or accident
except in any case where the sickness or accident in the opinion of the doctor or in the light of
other adequate evidence appears to have be11n due to the worker's negligence or wilful fault.
(3) Any deduction lavrfully made from the wages of a worker shall, in the first instance, be
made from the portion of the wages paid in accoradance with article 22 :
Provided that :
(a) if this portion is insufficient for the purpose, or
(b) if in special circumstances the Consular Agent or the Labour Officer acting on his behalf
agrees, the deduction may be made in whole or in part from that portion of the worker's
wages paid in accordance with article 21 (1 ).
ARTICLE 24-
Before his departure from Nigeria for employment in the Spanish Province of the Gulf of
Guinea the contracted worker shall receive a grant from the employer of a sum of five shillings.
ARTICLE 25
(1) In addition to his wages the worker shall receive from his employer free of charge the
following daily ration of food :-
600 grammes of rice, 65 grammes of palm oil,
250 grammes of fish, 20 grammes of salt ;
and an adequate quantity of vegetables and edible fruits.
With the express approval of the Director of the Medical Service of the Spanish Province
of the Gulf of Guinea and the Spanish Commissioner of Labour, given after consultation with
the Consular Agent, there may be substituted for these articles alternative ones of equal nutritive
value.
(2) The employer shall place at the disposal of any worker, on the request of such worker,
an area of 1-50 hectare in respect of the worker and each member of his family to be used for the
production of native foodstuffs :
Provided that this provision shall not apply in any case in which the Spanish Commissioner
of Labour and the Consular Agent jointly determine that it is not reasonably practicable.
(3) The worker shall have the right to collect firewood for his cooking free of cost.
(4-) The employer shall provide adequate and hygienic quarters for the worker and his
family.
(5) The employer shall provide at his own expense medical and pharmaceutical aid and
hospitalisation for the worker and his family.
ARTICLE 26
(1) Where work is performed on a basis of time, the normal working day shall consist of
eight hours exclusive of intervals for meals or rest and shall not commence before 6 a.m.
nor end after 6 p.m.
19 I l (2) In the case of task work it shall in any case of doubt or complaint be required that the ARTICLE 29 Consular Agent or the Labour Ofhcer acting on his behalf and the Spanish Commissioner 0 A contract . . . . . . . 1 . . . ed worker shall have the right of repatriation to Nigeria on the termination of Labour shall agree that the task can reasonably be performed in eight working hours. the comrttctt The cost Of the tcpttttitttitm Shan bt bttttitt by tht tmployttt t i (3) A worker who voluntarily works more than eight hours or performs more than one _ i normal days task on any day shall be remunerated in respect of this extra work at the rate of Provided rnnt Where rne contract, by order of the SpaHlSh C0rHH1lSSloHr of Labour and 1 100 per cent of the normal rates of each of the two portions of the wages due to him in accordance the Consular Agent: nr rne Lnbnnr Onileer aermg OH h1S lT>half, has l>H torrrllrlafod solely ` i with articles 21 and 22 i on acctount of the fatpthor of:nce oft the worker, the worker shall be required to bear the i E t _ t _ . 1 1 ti d -d Cost o repatnationto rmse and his family out of the money deposited to his credit in 1 in Pigggs tgiafthgrStht;t?S`t1trl;)?_?)t?;ttlg;cStikgbgtlcgg lggigggrauon Shall be Ca Cu me an Ph accordance with article 21 (1) ; in any case where this money is insufficient to meet the cost A P of the repatriation the difference shall be paid by the employer. ARTICLE 27 (1) A worker shall not be required to work on days when he is certified by a doctor to be ARTICLE 30 lmht for Work` _ ` A w0rkers family shall be repatriated when the worker is repatriated or in the case of (2) Aworker shall not be required to work on Sundays or Feast Days, save that on Sundays his death within sixty days thereof. The cost of such repatriation shall be borne by the or Feast Days work which cannot be interrupted without serious loss shall be performed IH employer, Save as is Otherwise Provided io the proviso to article 29_ shifts of eight-hour periods alternately of work and rest. A worker so employed will be re- munerated, in respect of the work so performed, at the rate of 100 per cent of the normal rates of each of the two portions of the wages due to him in accordance with articles 21 and 22 : Except that for the purposes of this sub-article remuneration shall be calculated and paid in ARTICLE 31 pesetas in the Spanish Province of the Gulf of Guinea. (1) A recruited worker or the family of a deceased worker who wish to settle in the Spanish . . . . . Province of the Gulf of Guinea must make an a lication to the Government of the S anish (3) A worker shall be given eight days holiday with full wages in respect of each completed . _ PP _ P _ period of twelve months in the continuous employment of an employer, and, in respect of any }g;`tS?tftft1; gflihfthf Gurnee thrhhgh the Consular Agent Wnn Shall forward It rn rne SPam$n subsequent period of less than twelve months continuous employment, he shall be given a O a Ohh Pmpomohatc hohdaih tt (2) The Spanish Commissioner of Labour may exempt the employer from bearing the Provided that vnth the agreement of the employer and the Worl<er_laV may be aeeumrnare cost of repatriation of the worker and his family, or of the family of a deceased worker, when during 3, period of up to two years in the case of a first contract and clghtoon H10Hl1$ in the enee approval has been given to an application made in accordance with subarticle _ of a second contract. ARTICLE 28 ARTICLE 32 (1) A contract shall be terminated by reason of one of the following causes 2- _ _ _ _ (tt) The Completion Ot the ttttm tot which it was tttttdt tt {hte governmeiitit of the Spztitnish Province of the Gulf of Guinea shall repatriate workers an teir amiieswo ave ot t`tdb th l d bl` t` t d . (b) The death of the worker before the expiration of the contract. D een mph me C y 6 cmp Oycr un cr O lga mn O O SO (c) The physical inability, certified by a doctor, of the worker to fulfil the contract on account of illness or accident. ARTICLE 33 (d) The joint order of the Spanish Commissioner of Labour and the Consular Agent, or the _ _ _ Labour Officer acting on his behalf, given on account of the inability, in the opinion of the Wh a Worker and his farnrly are repatriated the conditions relating to transport and Spanish Commissioner of Labour and the Consular Agent, or the Labour Officer acting on his Subsistence Shall be those set out IH articles 7, 8, 9 and 10 of this Agreement. behalf, of one or other of the contracting parties for any reason whatsoever to fulfil the contract. (2) The joint order of the Spanish Commissioner of Labour and the Consular Agent, or the _ Labour Officer acting on his behalf, given on account of the serious fault or repeated offence ARTICLE 34 of either party to the contract. . . . . . . . (1) In the event of a Nigerian worker suffering any inca acit as a result of an accident 2 Notwithstanding the provisions of sub-article (1), where the termination of a contract . . . _ P Y _ _ is cohtizmplated solely on account of the inability, fault or offence of the employer the joint a?;;gb(;tl;it sfdaniiin gthclcouric er htSt,hP;YmhE, hh, Sgarr be cthglcd re fhe chrhheheahhn order of the Spanish Commissioner of Labour and the Consular Agent, or the Labour Officer Etc Gulf Ot guigtt dttidg't;"i$ ti Szsgn E OS rgenne 0 r e Spanrsn Trr1r01'1$ of acting on his behalf, shall not be given until after the Spanish Commissioner of Labour has Ol/cm Ch iniitgted ?Zt10? to teffectttthg transfer of the contract from the employer to another employer (2) In the tivttm Oi tt Nigtttitm Wotktt dying in Consequence Ot an accident, Within 30 an C Sm ac mh as er C days of the workers death a sum equivalent to 30 times the total monthly wages payable to (3) Any transfer effected in pursuance of sub-article (2) shall be subject to the provisions has shall be deposited by the employer with the Spanish Commissioner of Labour for trans- of sub-article (1) of article 17, rn1$$10n to the COHSUla1' Agent for disposal 111 accordance with Nigerian law and gugtgm_ 20 21
(2) In the case of task work it shall in any case of doubt or complaint be required that the
Consular Agent, or the Labour Officer acting on his behalf, and the Spanish Commissioner of
Labour shall agree that the task can reasonably be performed in eight working hours.
(3) A worker who voluntarily works more than eight hours or performs more than one
normal day's task on any day shall be remunerated in respect of this extra work at the rate of
100 per cent of the normal rates of each of the two portions of the wages due to him in accordance
with articles 21 and 22 :
Except that for the purposes of this sub-article remuneration shall be calculated and paid
in pesetas in the Spanish Province of the Gulf of Guinea.
ARTICLE 27
(I) A worker shall not be required to work on days when he is certified by a doctor to be
unfit for work.
(2) A worker shall not be required to work on Sundays or Feast Days, save that on Sundays
or Feast Days work which cannot be interrupted without serious loss shall be performed in
shifts of eight-hour periods alternately of work and rest. A worker so employed will be re-
munerated, in respect of the work so performed, at the rate of 100 per cent of the normal rates of
each of the two portions of the wages due to him in accordance with articles 21 and 22 :
Except that for the purposes of this sub-article remuneration shalt be calculated and paid in
pesetas in the Spanish Province of the Gulf of Guinea.
(3) A worker shall be given eight days holiday with full wages in respect of each completed
period of twelve months in the continuous employment of an employer, and, in respect of any
subsequent period of less than twelve months continuous employment, he shall be given a
proportionate holiday.
Provided that with the agreement of the employer and the worker leave may be accumulated
during a period of up to two years in the case of a first contract and eighteen months in the case
of a second contract.
ARTICLE 28
(I) A contract shall be terminated by reason of one of the following causes:-
(a) The completion of the term for which it was made.
(b) The death of the worker before the expiration of the contract.
(c) The physical inability, certified by a doctor, of the worker to fulfil the contract on
account of illness or accident.
(d) The joint order of the Spanish Commissioner of Labour and the Consular Agent, or the
Labour Officer acting on his behalf, given on account of the inability, in the opinion of the
Spanish Commissioner of Labour and the Consular Agent, or the Labour Officer acting on his
behalf, of one or other of the contracting parties for any reason whatsoever to fulfil the contract.
(e) The joint order of the Spanish Commissioner of Labour and the Consular Agent, or the
Labour Officer acting on his behalf, given on account of the serious fault or repeated offence
of either party to the contract.
(2) Notwithstanding the provisions of sub-article (1), where the termination of a contract
is contemplated solely on account of the inability, fault or offence of the employer the joint
order of the Spanish Commissioner of Labour and the Consular Agent, or the Labour Officer
acting on his behalf, shall not be given until after the Spanish Commissioner of Labour has
instituted action to effect the transfer of the contract from the employer to another employer
and the said action has failed.
(3) Any transfer effected in pursuance of sub-article (2) shall be subject to the provisions
of sub-article (I) of article 17.
20
ARTICLE 29
A contracted worker shall have the right of repatriation to Nigeria on the termination of
the contract. The cost of the repatriation shall be borne by the employer :
Provided that where the contract, by order of the Spanish Commissioner of Labour and
the Consular Agent, or the Labour Officer acting on his behalf, has been terminated solely
on account of. fault ?r offence of. the w.orker, the worker shall be required to bear the
cost of of h1mself h1s fam1ly out of the money deposited to his credit in
accordance arucle (1); m any case where this money is insufficient to meet the cost
of the repatnatJOn the d1fference shall be paid by the employer.
ARTICLE 30
. A fal!lily shall be repatriated when the worker is repatriated or in the case of
h1s death Wlthm rr:he cost of. such repatriation shall be borne by the
employer, save as IS otherw1se provided m the prov1so to article 29.
ARTICLE 31
p) A recruited 'vvorkcr ?r the family of a decease? w?rker who wish to settle in the Spanish
of the Gulf of must make an apphcauon to the Government of the Spanish
Provmce of the Gulf of Gumea through the Consular Agent who shall forward it to the Spanish
Commissioner of Labour.
(2) The Commissioner of Labour may exempt the employer from bearing the
cost of repatnatwn of the worker and his family, or of the family of a deceased worker when
approval has been given to an application made in accordance with sub-article (1). '
ARTICLE 32
Th.e of the Spanish Provi nce of the Gulf of Guinea shall repatriate workers
and the1r faouhes who have not been repatriated by the employer under obligation to do so.
ARTICLE 33
.When a worker and his family are repatriated the conditions relating to transport and
subs1stence shall be those set out in articles 7, 8, 9 and 10 of this Agreement.
ARTICLE 34
. . (1) In the of a Nigerian worker suffering any incapacity as a result of an accident
out of and 1n the course of his employment he shall be entitled to the compensation
prescnbed under the Reglamentacion del Trahojo de los lndiaenas of the Spanish Territories of
the Gulf of Guinea, dated 9th November, 1953. "
(2) In the event of a Nigerian worker dying in consequence of an accident, within 30
of the worker:s death a sum equivalent to 30 times the total monthly wages payable to
h1!D .shall be deposited by the employer with the Spanish Commissioner of Labour for trans-
miSSIOn to the Consular Agent for disposal in accordance with Nigerian law and custom.
21 (3) In any case of doubt as to whether the fatal accident arose out of the deceased workers p employment the matter shall be discussed between the Consular Agent, or the Labour Officer ARTICLE 39 1 eonnlg gn; hrzbehagi and tire Spnrhu;>mrgrssroer of, Labour, and rf no agreement can be (1) Her Majestys Government in the United Kingdom or Great Britain and Northern 1636 Y f 6S 0 661'S, f 6 6386 S 8 6 Y6 6fr6 to Y 6 Jur1$l1f10n of tho lbcal courts- Ireland, with the consent of the Spanish Government, may send to the Spanish Province of the Gulf of Guinea a British Consul, hereinbefore and hereinafter referred to as the Consular Agent, who shall have the right to satisfy himself as to the well-being of Nigerian workers ARTICLE 3 5 employed in these territories. The Spanish Commissioner of Labour shall collect the personal effects of, and any WP1g6S (2) The Government of the Federation of Nigeria, with the consent of the Government due to a Nrgerran worker who has dred rn Spanrsh territory, and shall send them to the Consular of the Spanish Province of the Gulf of Guinea, may send to the said Province a Labour Oihcer Agent to be forvvnrdegl to the Worker s farmly at the expense of the employer, for drstrrbutron who will assist the Consular Agent in satisf in himself as to the well-bein of Ni erian Y S S S in accordance with Nigerian law and custom. wm-keys employed in the pmvmcg (3) The Spanish Government, with the consent of Her Majestys Government in the ` United Kingdom of Great Britain and Northern Ireland, ma send to Ni eria a S anish ARTICLE 36 Consul Whose duties and rights will be analogous to those of theyB 'tish C % in th Sganish > I'1 1 OHSU C (1) On the termination of a contract the worker may: P1'0Vln66 of the Gulf of Guinea. return to Nigeria in exercise of the right provided for in article 29; or enter into a second contract with the same employer or with another employer for a period not exceeding 18 months. ARTICLE 40 (2) A contract entered into under the provisions of sub-article (1) (ii) shall be made in The Consular Agent may act as the representative Of Ni k ~ . . . _ _ _ gerran wor ers recruited to work the Spanrsh ProV1n66 ofthe Gulf of Guln6u and f'6$fS by the Cbbsblaf Agsbti OY lhs Labour 1n the Spanish Province of the Gulf of Guinea in all relations between them and the Spanish %ff1}616rCr1ng on hrshbgfiilf, arid 35 for 2; may b6_3ndy;1fbQui Pfguilgs fg tbiibfgsr Pmvlslsns Commissioner of Labour and the Consular Agent shall have the right to make any claims 0 f c groornont, S 3 o Su j6C't to T 6 Pr0V1$l0nS 0 nfflb 65 r i all Which he considers to be in their favour. The Labour Officer, acting on behalf of the Consular (3) A Nigerian worker, on the termination of a contract entered into under the provisions Agcnb malf have ths same Ylghts m Ysslssct of lsbbuf matters- of subarticle (1) (ii), shall not enter into a further contract under this Agreement unless he has first returned to Nigeria. (4) A Nigerian worker who has returned to Nigeria in pursuance of sub-article (3) may be engaged in accordance with article 1. ARTICLE tl (1) In the case of the Consular Agent, or the Labour Officer acting on his behalf, presenting a clamhbgforp the Spanish Commissioner of Labour the latter shall investigate the causes of ARTICLE 37 it an s a in orm t e Consular Agent, or the Labour Officer acting on his behalf, of the decision V which has been adopted. If on the termination of a contract a worker commences a new contract with the same or with another employer he shall have the right to receive from the employer a sum equal to (2) If the Consular Agent, or the Labour Officer acting on his behalf, disagrees with the the cost of his repatriation and that of his family (in case of their not returning to Nigeria), decision which the Labour Department of the Spanish Province of the Gulf of Guinea has notwithstanding that by reason of the new contract he shall also receive from the new employer adopted in any matter under its jurisdiction the Government of the Spanish Province of the a similar sum as an award. Gulf Iof Guinea. shall authorise him, after due application, to make a visit accompanied by the Spanish Commissioner of Labour or his representative in order to examine the facts on which the decision was based and to bring them to the notice of the GovernorGeneral if he considers them prejudicial to the interests of the Nigerian workers. The said visit shall take place ARTICLE 38 Within forty-eight hours of the presentation of the application b the Consular A ent, or the L b Offi ` h` b h lf Y g (1) From the time that this Agreement comes into force the transport in canoes of Nigerian 3 our ccf acting On is C a workers between the territories of Nigeria and the Spanish Province of the Gulf of Guinea shall be forbidden, and the Governments of the two said territories shall adopt the necessary measures to make the prohibition effective. _ _ _ ARTICLE 42 (2) The Government of the Spanish Province of the Gulf of Guinea shall order the _ _ _ _ return to Nigeria of any Nigerian worker who, whilst this Agreement is in force, enters into The Gbvsmmsbf ofthe SP3n1Sb Pr0V1n6 ofthe Gulf of Gulnoo shall lnform the Consular the said Province with the object of working for an employer therein without having previously Agsnt of fmyfssblubbb Hinds by Departments ofthe GoV6rn1n6nf or the Courts of Justice Which entered into a labour contract in accordance with the provisions of this. Agreement and the sgsqs Nraennn Workers- The Cbbsulaf Ag6n' Shall buV6 fb6 rlgbf to obtern information about return to Nigeria of the said worker shall be at the expense of the Government of the Federation decisions mad? at the Sfmmsb Labbuf Ofb6 1'6lTglUV6 fb C0l"nPl3lnfS rnndo b6for6 hlln and of Of Nigeria, V _ , _ . such other decisions as may have an effect upon Nigerian workers. The Labour Oiiicer, acting 22 on behalf of the Consular Agent, shall have the same rights in respect of labour matters. 23
(3) In any case of doubt as to whether the fatal accident arose out of the deceased worker's
employment the matter shall be discussed between the Consular Agent, or the Labour Officer
acting on his behalf, and the Spanish Commissioner of Labour, and if no agreement can be
reached by these officers, the case shall be referred to the jurisdiction of the local courts.
ARTICLE 35
The Spanish Commissioner of Labour shall collect the personal effects of, and any wages
due to a Nigerian worker who has died in Spanish territory, and shall send them to the Consular
Agent to be forwarded to the worker's family at the expense of the employer, for distribution
in accordance with Nigerian law and custom.
ARTICLE 36
(1) On the termination of a contract the worker may :
(i) return to Nigeria in exercise of the right provided for in article 29; or
(ii) enter into a second contract with the same employer or with another employer for a
period not exceeding 18 months.
(2) A contract entered into under the provisions of sub-article (1) (ii) shall be made in
the Spanish Province of the Gulf of Guinea and attested by the Consular Agent, or the Labour
Officer acting on his behalf, and as far as may be and without prejudice to the other provisions
of the Agreement, shall be subject to the provisions of articles 14, 15, 16 and 19.
(3) A Nigerian worker, on the termination of a contract entered into under the provisions
of sub-article (1) (ii), shall not enter into a further contract under this Agreement unless he
has first returned to Nigeria.
(4) A Nigerian worker who has returned to Nigeria in pursuance of sub-article (3) may
be engaged in accordance with article 1.
ARTICLE 37
If on the termination of a contract a worker commences a new contract with the same or
with another employer he shall have the right to receive from the employer a sum equal to
the cost of his repatriation and that of his family (in case of their not returning to Nigeria),
notwithstanding that by reason of the new contract he shall also receive from the new employer
a similar sum as an award.
ARTICLE 38
(1) From the time that this Agreement comes into force the transport in canoes of N i g e ~ i a n
workers between the territories of Nigeria and the Spanish Province of the Gulf of Gumea
shall be forbidden, and the Governments of the two said territories shall adopt the necessary
measures to make the prohibition effective.
(2) The Government of the Spanish Province of the Gulf of Guinea shall order the
return to Nigeria of any Nigerian worker who, whilst this Agreement is in force, enters into
the said Province with the object of working for an employer therein without having previously
entered into a labour contract in accordance with the provisions of this. Agreement and the
return to Nigeria of the said worker shall be at the expense of the Government of the Federation
of Nigeria,
22
ARTICLE 39
(1) Her Majesty's Government in the United Kingdom of Great Britain and Northern
Ireland, with the consent of the Spanish Government, may send to the Spanish Province of
the Gulf of Guinea a British Consul, hereinbefore and hereinafter referred to as 'the Consular
Agent,' who shall have the right to satisfy himself as to the well-being of Nigerian workers
employed in these territories.
(2) The Government of the Federation of Nigeria, with the consent of the Government
of the Spanish Province of the Gulf of Guinea, may send to the said Province a Labour Officer
who will assist the Consular Agent in satisfying himself as to the well-being of Nigerian
workers employed in the Province.
(3) The Spanish Government, with the consent of Her Majesty's Government in the
United Kingdom of Great Britain and Northern Ireland, may send to Nigeria a Spanish
Consul, whose duties and rights will be analogous to those of the British Consul in the Spanish
Province of the Gulf of Guinea.
ARTICLE 40
The Consular Agent may act as the representative of Nigerian workers recruited to work
in the Spanish Province of the Gulf of Guinea in all relations between them and the Spanish
Commissioner of Labour and the Consular Agent shall have the right to make any claims
which he considers to be in their favour. The Labour Officer, acting on behalf of the Consular
Agent, may have the same rights in respect of labour matters.
ARTICLE 41
(1) In the case of the Consular Agent, or the Labour Officer acting on his behalf, presenting
a claim before the Spanish Commissioner of Labour the latter shall investigate the causes of
it and shall inform the Consular Agent, or the Labour Officer acting on his behalf, of the decision
which has been adopted.
(2) If the Consular Agent, or the Labour Officer acting on his behalf, disagrees with the
decision which the Labour Department of the Spanish Province of the Gulf of Guinea has
adopted in any matter under its jurisdiction the Government of the Spanish Province of the
Gulf of Guinea shall authorise him, after due application, to make a visit accompanied by the
Spanish Commissioner of Labour or his representative in order to examine the facts on which
the decision was based and to bring them to the notice of the Governor-General if he considers
them prejudicial to the interests of the Nigerian workers. The said visit shall take place
within forty-eight hours of the presentation of the application by the Consular Agent, or the
Labour Officer acting on his behalf.
ARTICLE 42
The Government of the Spanish Province of the Gulf of Guinea shall inform the Consular
Agent of any resolution made by Departments of the Government or the Courts of Justice which
affects Nigerian workers. The Consular Agent shall have the right to obtain information about
decisions made at the Spanish Labour Office relative to complaints made before him and of
such other decisions as may have an effect upon Nigerian workers. The Labour Officer, acting
on behalf of the Consular Agent, shall have the same rights in respect of labour matters.
23 ART1cLE 43 SCHEDULE _ _ The Consular Agent, or the Labour Officer acting on his behalf, shall be permitted to make CONTRACT OF SERVICE Visits to those places of work at which Nigerian workers are employed subject to his giving the AN AGREEMENT made tne day Ot _ 195 * between Spanish Commissioner of Labour prior and adequate notice of these visits and of their purpose. t d fneirmnatter eaned tne EmPInYer) nt tne One par an o tribe of the village of in the Division of Province of Nigeria, of the other part (hereinafter called the Employed). ARTICLE 44 The next of kin of the Employed is of the village of A Nigerian worker contracted for employment in the Spanish Province of the Gulf of P _. i. N. . In the Dnnslnn Of Guinea under this Agreement shall enjoy the same guarantees, rights and privileges as accrue {Ounce O lgenn to the natives and workers from other colonies by virtue of the legislation and labour rules in IT is HEREBY AGREED as follows : force m the Said P10Viee 1. The Employer engages the Employed to serve him at the in the Spanish Province of as a worker in (nature of employment) for the period of months in consideration of which the Employer shall pay him shillings sterling and pesetas monthly ARTICLE 45 calculated from the date of embarkation of the Employed from Nigeria. Wages shall be payable at the end of each month, pesetas being paid to the Employed and Any doubts which may arise between the contracting parties regarding the interpretation shillings sterling being deposited at the Spanish Labour Office for of this Agreement shall be resolved in discussion between representatives of the Governments ultimate payment to him on the termination of this contract. If the contract is not renewed of the Federation of Nigeria and of the Spanish Province of the Gulf of Guinea. payment will be made in sterling through the Government of the Federation of Nigeria. The Employer agrees to convey the Employed together with his wives named respectively and and his children under the age of sixteen named respectively ARTICLE 46 and d f f , h h f Subject to the provision of article 47 the present Agreement shall not be amended before iiiiiiteiiaiicc Or {Oi. medicai attention from rm O Cost Wet Cr Or trarggnsgg Qi the 31st August, 1959, provided that in exceptional circumstances either one of the Contracting his recruitment) in Nigeria to (place of his employment), PartIeS maY gIVe te tne ether SIX mentne nenee In Wnnng Ot an Intennen te PreP9ee an and back provided that if it is necessary for the Spanish Commissioner of Labour and the amendment- Consular Agent jointly to terminate this contract of the misconduct of the Employed the expense of the return journey will be paid from the money deposited to the credit of the Employed at the Spanish Labour Office. Alternatively, the above-named members of the family may sub- sequently join the Employed in Spanish territory. ARTICLE 47 3. A grant to the Employed amounting to five shillings will be paid to him at Calabar on . . 195 . - The present Agreement shall enter into force on the lst October, 1957, from which date it i _ _ _ shall abrogate the Agreement of the 6th September, 1954. It shall remain in force indefinitely 4- The EmPI0Yer agrees re SUPPIY re the Employed, free of cost, 3_d31lY ration of food IH but may be terminated by either of the contracting parties giving the other six months notice in aeeerdanee WItII the Scare ciagreed to UI the Labour _Agre?meI2ir f Thefwire and Children of the writing or such shorter period as may be mutually agreed upon between the contracting parties. EmPI9YetI Shall be entIt e te reeeIVe the name _ratI9n 9 ree ree 9 e9et> In the event or the Employed being absent through illness or imprisonment. 5. The Employer agrees to give the Employed leave with full pay at the rate of eight days for each twelve months of continuous employment. TE TIMONIUM 6. The Employer agrees to provide living accommodation for the Employed and for his S family not exceeding the number stipulated in paragraph 2 above. The wife and children of In witness whereof the undersigned have signed the present AgYeIn@and r1Xd thereto the Employed shall be entitled to remain in the accommodation in the event of the Employed their seals done in duplicate at Lagos this fourteenth day of September, 1957. being absent through illness or imprisonment. For tnn Government ef tnc Federation nf Nlgcnn I ` 7, The Employer shall pay the medical expenses and hospital fees of the Employed and his I family in the case of sickness or accident. 8. The Employer shall place at the disposal of the Employed, should the Employed so desire it for the production of native food stuffs, an area of one-nftieth of a hectare of ground for the Employed and for each permitted member of his family. (See paragraph 2 above). I' W' ROBERTSON 9, The Employed shall have the right to collect sufiicient firewood for his cooking free of . charge. O 24 25
ARTICLE 43
.. The Consular Agent, or the Labour Officer acting on his behall, shall be permitted to make
VISits_ to those places of work at which Nigerian workers arc employed subject to his giving t he
Spamsh Commissioner of Labour prior and adequate notice of these visits and of their purpose.
ARTICLE 44
A Nigerian worker contracted for employment in the Spanish Province of the Gulf of
Guinea under this Agreement shall enjoy the same guarantees, rights and privileges as accrue
to the natives and workers from other colonies by virtue of the legislation and labour rules in
force in the said Province.
ARTICLE 45
Any doubts which may arise between the contracting parties regarding the interpretation
of this Agreement shall be resolved in discussion between representatives of the Governments
of the Federation of Nigeria and of the Spanish Province of the Gulf of Guinea.
ARTICLE 46
Subject to the provision of article 47 the present Agreement shall not be amended before
the 31st August, 1959, provided that in exceptional circumstances either one of the cont racting
parties may give to the other six months notice in writing of an intention to propose an
amendment.
ART ICLE 47
The present Agreement shall enter into force on the 1st October, 1957, from which date it
shall abrogate the Agreement of the 6th September, 1954. It shall remain in force indefinitely
but may be terminated by either of the contracting parties giving the other six months notice in
writing or such shorter period as may be mutually agreed upon between the contracting parties.
TESTIMONIUM
I n witness whereof the undersigned have signed the present Agreement and fixed thereto
their seals done in duplicate at Lagos this fourteenth day of September, 1957.
For the Government of the Federation of Nigeria :
J. \V. ROBERTSON
24
SCHEDULE
CONTRACT OF SERVICE
fu"i ACREE;\1ENT made the day of 195 , between
part and
(hereinafter called the Employer) of the one
of
in the tribe of the village of
Division of
Employed).
Province of Nigeria, of the other part (hereinafter called the
The next of kin of the Employed is
in the
Province of Nigeria.
IT IS HEREBY AGREED as follows :
Division of
1. T he Employer engages the Employed to serve him at the
in the Spanish Province of as a worker in
of the village of
(nature of employment) for the period of months in consideration of which the Employer
shall pay him shillings sterling and pesetas monthly
calculated from the date of embarkation of the Employed from Kigeria. Wages shall be payable
at the end of each month, pesetas being paid to the Employed and
shillings sterli ng being deposited at the Spanish Labour Office for
ultimate payment to him on the termination of this contract. If the contract is not renewed
payment will be made in sterling through the Government of the Federation of Nigeria.
The Employer agrees to convey the Employed together with his wives named respectively
and
and his chil dren under the age of sixteen named respectively
and
and free of cost, whether for transpon or
maintenance or for medical attention from (place of
his recruitment) in _ igeria to (place of his employment),
and back provided that if it is necessary for the Spanish Commissioner of Labour and the
Consular Agent jointly to terminate this contract of the misconduct of the Employed the expense
of the return journey will be paid from the money deposited to the credit of the Employed at the
Spanish Labour Office. Alternatively, the above-named members of the famil y may sub-
sequently join the Employed in Spanish territory.
3. A grant to t he Employed amounting to five shillings will be paid to him at Calabar on
195
4. The Employer agrees to supply to the Employed, free of cost, a daily ration of food in
accordance with the scale agreed to in the Labour Agreement. The wife and children of the
Employed shall be entitled to receive the same ration of food, free of cost, in the event of the
Employed being absent through illness or imprisonment.
5. The Employer agrees to give the Employed leave with full pay at the rate of eight days
for each twelve months of continuous employment.
6. The Employer agrees to provide living accommodation for the Employed and for his
family not exceeding the number stipulated in paragraph 2 above. The wife and children of
the Employed shall be enti tled to remain in the accommodation in the event of the Employed
being absent through illness or imprisonment.
7. The Employer shall pay the medical expenses and hospital fees of the Employed and his
family in the case of sickness or accident.
8. The Employer shall place at the disposal of the Employed, should the Employed so
desire it for the production of native food stuffs, an area of one-fiftieth of a hectare of ground for
the Employed and for each permitted member of his family. (See paragraph 2 above).
9. The Employed shall have the right to collect suf!lcient firewood for his cooking free of
charge.
25 10. The Employer shall not deduct any amount from the wages ofthe EmplOyeCl {Of th SCHEDULE payuiint of any Tax. . SEc0ND CONTRACT OF SERVICE i . The normal days work shall not exceed eight hours. The Employed shall not be _ 1qLll1Cl to WO1k 011 Sundays Or Feast Days, unless in exceptional CirCumSt3.HCS (fO1 X8.I`I1pl, b t gh; AGREEMENT made the daY of d . 195 thc completion of an industrial task which cannot be interrupted without causing serious loss). O? gl 6 t d { (hcmlm Br caucd the EmP1Xr) The Employed shall be paid in respect of overtime work at 100 per cent 0f his total rate, f the (mc Part. an . O . iribc calculated in pesctas. gf C V1 age O Province of Ni eria of the otlin the t h ` ft ll d th E Dfvlslm _ , er r r , I2. The duration of this contract shall be calculated from the date of arrival of the _ g _ pa ( emma c ca C c mp Oye ) Employed in Santa Isabel in the case of employment in Fernando Po. In the case of employment Thi? Xt 0f km of th Emplvyd 15 of the village ill RiO Muni the duration of this contract shall be calculated from the date 0f arrival in Bata OY of IH th Division from a date two weeks after arrival in Santa Isabel whichever is the earlier. This contract shall of Province of N igfi remain in force for a period of months with an option of renewal by mutual consent between the contracting parties for a further period not exceeding eighteen IT IS HEREBY AGREED as follows : months. _ 1. The Employer engages the Employed to serve him at the in 13. In the event of the renevvalof this contract the Employer ehall. pay t0 the Employed a the Spanish Province of as a Worker in Sum equal to the c0st0fb1$rcpatr1at;0n, andthat0fh1Sfam1ly,t0 Nlgcrw- The Sum Shell 3150 (nature of employment) for the period of months in consideration of be paidaif, on the expiration of his contract, the Employed d0S not X1C1S h1S qght of which the Employer shall pay him shillings sterling and pcsetas repatriation to the place of recruitment, but enters mtead upon a new contract with a diilerent monthly calculated from the day mc 195 Employer In Spamsh territory- Wages shall be payable at the end of each month. pesetas being paid to the The Employer shall not effect any assignment to the contract without the consent of the Employed and shillings sterling being deposited at the Spanish Labour Office Employed. Any assignment of the contract must be attested by the Spanish Commissioner of for ultimate payment to him on the termination of this contract through the Government of the Labour and the Consular Agent. Federation of Nigeria. 14. In any dispute which may arise between the parties to this agreement relating to the . . . performance of any clause thereof the Spanish Commissioner of Labour shall be consulted and ms Eitfgfc Employer agrees to Convey the Empleyed together Wlth his Wives named his decision, except as otherwise provided in the Labour Agreement, shall be final and binding P V y d d h. h.ld on beth of the Pam to the Agfeemem- the age Oisixm. miii mspmciy and Z"` is I d 15. This contract shall be construed on the basis of, and governed by the terms of, the and free Of Cost, Whether for Labwf Agf{t, and if any Pf0V1S10 Of thls 0f 15 H1 COHEN with the Labwr AY" transport for maintenance or for medical attention to his place of employment in Fernando Po ment, thc provisions Of thc L&b0uf Agreement shall prevail. or Bata and at the expiry of this contract back to his place of recruitment in Nigeria provided Note.-The Employed and his family are not required to pay customs duties on their that if ll} IS HCSS3fY f01 the Spanish Commissioner 0f Labour and the Consular Agent jointly personal effects and tools when entering the Spanish Province of the Gulf of Guinea or on to tYH}1H2t th1S_0H'ff3 by 13SOH of the miSCOnduCt Of the Employed the expense of the returning therefrom into Nigeria. 1fl11'{1 journey Will be paid f1Om the money deposited to the credit of the Employed at the IN WITNESS thereof the said parties have hereunto set their hands or made their marks Sgamsh Labour Omca A1t*?lY the abovcmamcd members Of the famlly may Subsequently the day and year first above Written join the Employed in Spanish territory. Signature of Employer or his Agent ...r............................... , .................................................................. in the presence 3 The Em . . . . . . . . ployer agrees to supply to the Employed, free of cost, a daily ration of food in Eigggngg 5; e mg itit 54;;; " 4 2 * ;?`;"_.?i??i??f.e???,.E???ffi?Tf?iT1.f?i.YYfFTT?iSe;i;g cr igeggggggg gccogdey gigyghc Seagcdagrccd tv in gm Labr.Agr;m;g- The wife ed childm of the of ...............,.............................................................. Signature address and description of witness .......................................... mp Oye S Fl C cum C to rccw t S. Sam? mmm O foo free Of cOSt In the event of the Employed being absent through illness or imprisonment. 4. The Employer agrees to give the Employed leave with full pay at the rate of eight days ATTESTATION for each twelve months of continuous employment. _ _ *5. The Employer agrees to provide living accommodation for the Employed and for his I hereby Ccftlfy, thls _ filiiy of 195 i family not exceeding the number stipulated in paragraph 2 above. The wife and children of that the above Agreement was read over and <=:;<p1amd m my presence tothe Emplcyed who the Employed shall be entitled to remain in the accommodation in the event ofthe Employed acknowledged his agreement thereto, and that It was entered 1HtO VOluHt311ly 21Hd With l1I1d1- being absent through illness or imprisonment, standing of its meaning and effect, and that the photograph hereto aflixed is a photograph of the Employed referred to in this Agreement. 6. The Employer shall pay the medical expenses and hospital fees of the Employed and Signature .........................,.......,....,..................................,................... his family in the case of sickness or accident. _ Officer appointed by the Govern- ment Of the Federation of Ni eyie 7. The Employer shall place at the disposal of the Em lo ed, should the Em lo ed so 8 . . . . P Y P Y PHOTOGRAPH to eeitify contracts fe; emplgyment V desire lt for the production of native foodstuffs, an area of one-Hftieth of a hectare of ground OF Of Nigerian weikeie in the Spanish for the Employed and for each permitted member of his family. (See paragraph 2 above). EMPLOYED 26 Province of the Gulf of Guinea. 27 10. The Employer shall not deduct any amount from the wages of the Employed for the
payment of any Tax.
11. The normal day's work shall not exceed eight hours. The Employed shall not be
required to work on Sundays or Feast Days, unless in exceptional circumstances (for example,
the completion of an industrial task which cannot be interrupted without causing serious loss).
The Employed shall be paid in respect of overtime work at 100 per cent of his total rate,
calculated in pesetas.
12. The duration of this contract shall be calculated from the date of arrival of the
Employed in Santa I sa bel in the case of employment in Fernando Po. In the case of employment
in Rio Muni the duration of this contract shall be calculated from the date of arrival in Bata or
from a date two weeks after arrival in Santa Isabel whichever is the earlier. This contract shall
remain in force for a period of months with an option of renewal
by mutual consent between the contracting parties for a further period not exceeding eighteen
months.
13. In the event of the renewal of this contract the Employer shall pay to the Employed a
sum equal to the cost of hi$ repatriation, and that of his family, to Nigeria. This sum shall also
be paid, if, on the expiration of his contract, the Employed does not exercise his right of
repatriation to the place of recruitment, but enters intead upon a new contract with a different
Employer in Spanish territory.
The Employer shall not effect any assignment to the contract without the consent of the
Employed. Any assignment of the contract must be attested by the Spanish Commissioner of
Labour and the Consular Agent.
14. In any dispute which may arise between the parties to this agreement relating to the
performance of any clause thereof the Spanish Commissioner of Labour shall be consulted and
his decision, except as otherwise provided in the Labour Agreement, shall be final and binding
on both of the parties to the Agreement.
15. This contract shall be construed on the basis of, and governed by the terms of, the
Labour Agreement, and if any provision of this contract is in conflict with the Labour Agree-
ment, the provisions of the Labour Agreement shall prevail.
Note.- The Employed and his family are not required to pay customs duties on their
personal effects and tools when entering the Spanish Province of the Gulf of Guinea or on
returning therefrom into Nigeria.
IN WITNESS thereof the said parties have hereunto set their hands or made their marks
the day and year first above written.
Signature of Employer or his Agent .................................................................................... in the presence
oL....... ...................... ...........................Signature, address and description of witness ..........
Signature or thumb mark of Employed ....................................................................................in the presence
of ...........................................................Signature, address and description of witness ....
ATTESTATION
I hereby certify, this day of 195 ,
that the above Agreement was read over and explained in my presence to the Employed who
acknowledged his agreement thereto, and that it was entered into voluntarily and with under-
standing of its meaning and effect, and that the photograph hereto affixed is a photograph of
the Employed referred to in this Agreement.
PHOTOGRAPH
OF
EMPLOYED
Signature ......... ........... ....................................... ................ ............
26
Officer appointed by the Govern-
ment of the Federation of Nigeria
to certify contracts for employment
of Nigerian workers in the Spanish
Province of the Gulf of Guinea.
SCHEDULE
SECOND CONTRACT OF SERVICE
An AGREEMENT made the
between
day of 195 ,
of the one part and
of the village of
of
in the
(hereunder called the Employer)
of Province of Nigeria, of the other part (hereinafter called
of
of
The next of kin of the Employed is
in the
IT IS HEREBY AGREED as follows :
Province of Nigeria.
tribe
Division
the Employed).
of the village
Division
1. The Employer engages the Employed to serve him at the m
the Spanish Province of as a worker in
(nature of employment) for the period of months in consideration of
which the Employer shall pay him shillings sterling and pesetas
monthly calculated from the day of 195
Wages shall be payable at the end of each month. pesetas being paid to the
Employed and shillings sterling being deposited at the Spanish Labour Office
for ultimate payment to him on the termination of this contract through the Government of the
Federation of Nigeria.
2. The Employer agrees to convey the Employed together with his wives named
respectively
and and his children under
the age of sixteen named respectively and
and free of cost, whether for
transport for maintenance or for medical attention to his place of employment in Fernando Po
or Bata and at the expiry of this contract back to his place of recruitment in Nigeria provided
that if it is necessary for the Spanish Commissioner of Labour and the Consular Agent jointly
to terminate this contract by reason of the misconduct of the Employed the expense of the
return journey will be paid from the money deposited to the credit of the Employed at the
Spanish Labour Office. Alternately, the above-named members of the family may subsequently
join the Employed in Spanish territory.
3. The Employer agrees to supply to the Employed, free of cost, a daily ration of food in
accordance with the scale agreed to in the Labour Agreement. The wife and children of the
Employed shall be entitled to receive the same ration of food, free of cost, in the event of the
Employed being absent through illness or imprisonment.
4. The Employer agrees to give the Employed leave with full pay at the rate of eight days
for each twelve months of continuous employment.
5. The Employer agrees to provide living accommodation for the Employed and for his
family not exceeding the number stipulated in paragraph 2 above. The wife and children of
the Employed shall be entitled to remain in the accommodation in the event of the Employed
being absent through illness or imprisonment.
6. The Employer shall pay the medical expenses and hospital fees of the Employed and
his family in the case of sickness or accident.
7. The Employer shall place at the disposal of the Employed, should the Employed so
desire it for the production of native foodstuffs, an area of one-fiftieth of a hectare of ground
for the Employed and for each permitted member of his family. (See paragraph 2 above).
27 8. The Employed shall have the right to collect sufficient firewood for his cooking, free of charge. , 9. The Employer shall not deduct any amount from the wages of the Employed for the payment of any tax. r 1 A 10. The normal days work shall not exceed eight hours. The Employed shall not be r required to work on Sundays or Feast Days, unless in exceptional circumstances (for example, _ the completion of an industrial task which cannot be interrupted without causing serious loss). The Employed shall be paid in respect of overtime work at 100 per cent of his total rate, calculated in pesetas. 1 _ 11. This contract shall commence from the day of 195 , I and shall remain in force for a period of months. 12. The Employer shall not effect any assignment to the contract without the consent of V , the Employed. Any assignment of the contract must be attested by the Spanish Commissioner 5 of Labour and the Consular Agent. 13. In any dispute which may arise between the parties to this Agreement relating to the _ performance of any clause thereof the Spanish Commissioner of Labour shall be consulted and y his decision, except as otherwise provided in the Labour Agreement, shall be final and binding l on both of the parties to the Agreementf 14. This contract shall be construed on the basis of, and governed by the terms of the Labour Agreement, and if any provision of this contract is in conflict with the Labour Agree- ment, the provisions of the Labour Agreement shall prevail. _ . Note :The Employed and his family are not required to pay customs duties on their i personal effects and tools when entering the Spanish Province of the [Gulf of Guinea or on i returning therefrom into Nigeria. _, lIN WITNESS whereof the said parties have hereunto set their hands or made their marks A the day and year first above written. i, Signature of Employer or his Agent ........................................r................................................................................,.....,.......,.,.,.,......,.... `*' in the presence of ..,..........,............ , ............................,..........,........................................................................,.........................r.., Signature, ` address and description of witness ...............,.................,....,.........,.........,..................,...i.....................................,............,..r........,......,.... Signature or thumb mark of Employed ..............,..................r.................,........................................ , ..............................,........r........... in the presence of .................................................. . .....................................,........................ , ..........................................,........... Signature, I address and description of witness ........,...,......................................,...,.............................................................i.........,......,....,,............... f
ATTESTATION t I hereby certify, this day of 195 , that the above Agreement was read over and explained in my presence to the Employed who acknowledged Q his agreement thereto, and that it was entered into voluntarily and with understanding of its J meaning and effect, and that the photograph hereto affixed is a photograph of the Employed referred to in this Agreement. Signature ....................................................................................,........................,....,...,._.. V A Officer appointed by the Government of the Federation of PHoToGRAi>H Nigeria to certify contracts for employment of Nigerian OF workers in the Spanish Territories of the Gulf of Guinea. EMr>LoYEr> l . 28 A ,
8. The Employed shall have the right to collect sufficient firewood for his cooking, free of
charge.
9. The Employer shall not deduct any amount from the wages of the Employed for the
payment of any tax.
10. The normal day's work shall not exceed eight hours. T he Employed shall not be
required to work on Sundays or Feast Days, unless in exceptional circumstances (for example,
the completion of an industrial task which cannot be interrupted without causing serious loss).
The Employed shall be paid in respect of overtime work at 100 per cent of his total rate,
calculated in pesetas.
11. This contract shall commence from the
and shall remain in force for a period of
day of
months.
195
12. The Employer shall not effect any assignment to the contract without the consent of
the Employed. Any assignment of the contract must be attested by the Spanish Commissioner
<lf Labour and the Consular Agent.
13. In any dispute which may arise between the parties to this Agreement relating to the
l)erformance of any clause thereof the Spanish Commissioner of Labour shall be consulted and
his decision, except as otherwise provided in the Labour Agreement, shall be final and binding
<ll'l both of the parties to the Agreement.'
14. This contract shall be construed on the basis of, and governed by the terms of the
Labour Agreement, and if any provision of this contract is in conflict with the Labour Agree-
ment, the provisions of the Labour Agreement shall prevail.
Note :- The Employed and his family are not required to pay customs duties on their
personal effects and tools when entering the Spanish Province of the (Gulf of Guinea or on
returning therefrom into Nigeria.
IN WITI\'ESS whereof the said parties have hereunto set their hands or made their marks
the day and year first above written.
Signature of Employer or his AgenL ......................................................................................................................................................
in the presence of.. ........................................- ...............- .......................................................................................................Signature,
.address and description of witness ............................................................................................................- .............................................
Signature or thumb mark of Employed. ...............................................................................................................................................
in the presence of... ..................................................................................................................................................................... Signature,
.address and description of witness ....... - ..................................................................................................................................................
ATTESTATION
I hereby certify, this day of 195 , that the above
Agreement was read over and explained in my presence to the Employed who acknowledged
bis agreement thereto, and that it was entered into voluntarily and with understanding of its
meaning and effect, and that the photograph hereto affixed is a photograph of the Employed
referred to in this Agreement.
PHOTOGRAPH
OF
EMPLOYED
Signature ...........................................................................................................................
Officer appointed by the Government of the Federation of
Nigeria to certify contracts for employment of Nigerian
workers in the Spanish Territories of the Gulf of Guinea.
28