United States. President's Commission on Immigrati.

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(1) prospecting rights to enable mining.

(2) at his disposal sum of £2,000 or lesser amount as determined by
prescribed authority.

Class D — Tradesman or businessman who has certified that he has —

(1) the license required for carrying on his trade or business.

(2) £2,000 at his disposal or lesser amount as determined by prescribed
authority.

Class E — Manufacturer who has certified that he has —

(1) the license required for carrying on such manufacturing.

(2) at his disposal sum of £5,000 or lesser amount as determined by
prescribed authority.

Class F — Member of prescribed profession who —

(1) possesses prescribed qualifications (comparable to British standards).

(2) has sufficient capital or income to initiate practice.

Class G — A person who has been offered and accepted employment not of tem-
porary nature and has prescribed certificate.

Class H — A person who has an assured income of prescribed amount. (This
is u.sually fixed at £500 per annum.)

(Note. — Capital sums listed are maximums. The Immigration Board reduces
the requirements as the particulars of each case may permit.)

All of the above classes are subject to the qualification that the activity fol-
lowed by the inmiigrant "will not be to the prejudice of the inhabitants generally
of the colony." Additionally there is provision that all of the immigrants in
the above classes (except permanent residents, residents in 1948 of other East
African territories and residents with assured incomes) may be ordered to leave
the colony within 4 years if they fail to fulfill the qualifications on their original
entry permits. There is also provision for appeal against decisions of the immi-
gi'ation authorities to a prescribed tribunal or to the Supreme Court. Entry
permits may include the dependents of the applicant (wife and children under IS).

Jf. General provisions of the immigration (control) ordinance

In addition to the qualifications as noted in the preceding paragraphs, there

is prohibition applied to the immigration of any one of the following:
(a) Destitute persons.
(6) Mental defectives.

(c) Persons suffering from a contagious or infectious disease.

(d) Persons, not i)ardoned, convicted of murder or sentenced to prison for
any term, if the Governor deems the circumstances to indicate that the appli-
cant is an undesirable immigrant. Exception is made for offenses of a political
character.

(c) Prostitutes or pimps.

(/) Persons deemed by the principal immigration officer, on the basis of reli-
able information received, to be undesirable immigrants.

io) Persons under order of deportation.

(h) Persons whose entry into the colony was or is illegal.

(i) Children, if under 18, of prohibited immigrants.

O") I'ersons not possessing a valid passport or travel document properly en-
dorsed and visaed.

Additionally, holders of entry permits may be required to make a deposit of
up to £150 at their entry at the discretion of the immigration officer.



* As excerpted from sec. 7 of the Immigration (control) ordinance, 1948, Kenya.



1920 COMMISSION ON IMMIGRATION AND NATURALIZATION

The following persons are generally exempt from the immigration rules and
regTilations :

(a) Serving members of Her Majesty's forces, their wives and children.

(&) Accredited representatives of any government within the British Em-
pire, their wives and children and staff.

(c) Accredited members of diplomatic or consular corps of recognized coun-
tries, their wives, children, and staff.

(d) Permanent residents holding valid reentry permits.

(e) Persons in the service of the government of the Colony or the Kenya and
Uganda Railways and Harbors Administration.

There is no mention made in the Immigration (Control) Oi-dinauce of mer-
chant seamen. They are subject to other regulations (visaing of crew lists,
regulations comparable to United Kingdom rules). The B. S. I. C. (British sea-
man's identification card) is accepted as a passport. Passengers on through
ships and aircraft do not require passes, and the same rule applies to crews.

II. EFFECTIV'ENESS OF LAWS AND POLICIES '

The regulations as summarized indicate that no appreciable attempt is made
to control the immigration into the East African territories of indigenous, native
people. Control of non-African immigration is aimed at (1) the importation of
development capital, (2) the importation of skilled labor in specified fields, (3)
the importation of agricultural skill and capital, (4) the importation of profes-
sional talent, (5) the importation of manufacturing skill and capital, (6) the
development of mining resources, etc.

The Immigration (Control) Ordinance, while it does in fact specify particular
categories, grants such vtdde and extensive authority to the principal immigi'a-
tion officer and the Immigration Control Board that immigration is actually more
regulated by administration than by law.

This method of regulating immigration by administration is in general con-
formity with the practice in the United Kingdom. Since the restrictive clause
"not to tlie prejudice of the inhabitants generally of the Colony" applies to all
classes of immlcrants, the Immigration Board, immigration officers, or the Gov-
ernor may, in effect, ban any immigrant. Conversely, when it has been decided
that the economic or social welfare of the Colony will be benefited thereby, re-
quirements can be administratively relaxed for desired immigrants.

It is apparent that recent policy tends toward greater restriction of immigra-
tion since the maximum capital requirements for farmers, miners, and busi-
nessmen have been raised since 1948 from £800 to £2,000, and for manufacturers
from £2,500 to £5,000.

As to the effectiveness of the laws in achieving the policy ends envisioned, the
authtorities consulted indicate satisfaction with the laws while pointing out
that the general scope of the law is such as to allow fast and effective changes
in administration which can readily accommodate changes in i)olicy.

III. STATISTICAL DATA

(Note. — Accurate and complete statistical data does not seem to exist. It was
emphasized that the nature of the Colonies is such that borders cannot be care-
fully sealed and that the statistics probably indicate less than actual amounts.
More complete and detailed statistics could be obtained from the Central African
Office of Statistics in Nairobi. Except for Kenya, statistical data before 1949
is not available.)





Table 1. — 'Normative {non-African) population^




Year


Kenya


Tanganyika


1948....


157, 528
Not available


70,160
95,494


1952





« Source of tables 1, 2, 3, 4, and 5: East African Economic and Statistical Bulletin, No. 16, June 1952, East
Africa High Commission.



^ Information largely based on discussion with East African Immigration Officer Drake,
London, formerly Immigration Service, Kenya.



COMMISSION ON IMMIGRATION AND NATURALIZATION 1921

Tahle 2. — Migration: East African territories, year of 1952



Category



Kenya



Tanganyika



Total immigration (includes visitors)

Total eniipration (includos visitors)

Xcw poriiKiiu'iit iiiiinifrrLinls (oxdudes visitors and transits)
rormunont emigrants (excludes visitors and transits)

(a) Visitors on business or holiday .-.

(6) Persons in transit -

(c) Other visitors

Total (a), (6), and (c)



44, 887

29, 607

7,690

1,182



15,534
)
7,108



5,929

16, 584

1,542



2,486

1,131

100



24,055



3,717



• Not available.

Note.— The fact that the number of visitors added to the number of immigrants does not equal total
immigration is due to returning residents who are not indicated in the first two groups.

Tables. — Migration: Kenya



Year


Total reported
immigration '


Total reported
emigration '


Permanent
immigration


1951


58, 976
44,887
44, 116
48, 660
46, 420
35,078
27, 455
21,312


42,586
29, 603
30, 452
25, 608
23, 854
21, 632
19, 914
14,371


8,000


1950


7,690


1949 -.


11, 956


1948


12, 328


1947 -


9,832


1946 .. -


6,549


1945 .




1944 ".









' Includes all who entered and left the territory — visitors, transits, etc.

Note.— "Permanent immigration" plus "Total reported emigration" do not add to "Total reported im-
migration" since the latter includes retumine residents.



Table 4. — Migration: Tanganyika



Year


Total immi-
gration


Visitors and
transits


New perma-
nent immi-
gration


1951


16, 346
15, 534
20,415


5,115
3,717
8,155


5,532
7,108
7,756


1950 '.


1949 - - -





Note. — Earlier figures not available.

Table 5. — Total population {estimated), 1952^

Kenya ^^' 5, 000, 000

Tanganyika 7, 500, 000

' Estimate by Mr. Drake based on corrected 1948 figures.

Northern Rhodesia

(Note. — Northern Rhodesia is a large land in area with a small non-African
population of al)out 4(),0(X). Border control is difficult, so that migration sta-
tistics are approximate. The administration of the law reflects the small-
community nature of the land ; immigration is handled largely on an individual
basis.)



1922 COMMISSION ON IMMIGRATION AND NATURALIZATION

I. IMMIGRATION LAWS AND FEATURES OF BASIC POLICIES

1. Legislation

The Immigration Orrlinance^ as supplemented by the orders of the governor
in council contains the basic law concerning immigration. The following are
prohibited immigrants :

(fl) Those whom the governor, on economic grounds or because of standards
or habits of life, deems to be undesirable ;

(b) Those unable to read any European language, including Yiddish;

(c) Those likely to become a public charge because of infirmity of body or
reason or those unable to show possession of sufficient means of support ;

(d) Those deemed by the governor to be undesirable on the basis of informa-
tion received from any government, British or foreign, through official or diplo-
matic channels ;

(e) Prostitutes and procurers ;

(/) Those convicted of serious crimes ;

ig) Idiots, epileptics, insane or mentally deficient people, those deaf and
dumb or deaf and blind or blind and dumb, etc. ;

(h) Lepers or those afflicted with a contagious or loathsome disease.

Anyone over 16 must have a passport or valid travel document and fulfill
other special requirements prescribed by general or special instructions of the
governor. With the exception of nationals from Denmark, Iceland, Italy, Luxem-
burg, Norway, Sweden, Switzerland, the Netherlands, San Marino, and Liechten-
stein, aliens (those not British subjects) are required to obtain a visa from
a British consul or passport authority before beginning their journey to Northern
Rhodesia.^

The Governor of the Colony has the power to exempt any person or classes
of persons from provisions of the law. If an immigration officer refuses entry
into Northern Rhodesia to any person, he must present the groimds for the re-
fusal in writing to that person, and the person has the right to appeal the de-
cision in the appropriate court.

The following persons are not prohibited immigrants under the ordinance :

(a) Members of Her Majesty's forces;

(6) Duly accredited British or foreign officials, their wives, children, staff,
or servants ;

(c) Persons entitled to legal entry;

id) Children of residents of the Colony;

(e) Legal residents;

(/) Persons of European descent who are skilled agricultural workers or
domestic servants, skilled artisans, mechanics, workmen, or miners, and whom
the Governor shall deem desirable to admit under approved conditions, provid-
ing each has a certificate of employment.

2. Immigration procedure

Immigration is controlled by the chief immigration officer and his staff under
the direction of the Governor in accordance with the ordinance. No entry per-
mit as such is required, but the immigrant must have passport, visa if required,
and such evidence, documentary or otherwise, as will satisfy the immigration
officer that the intended immigration conforms to the laws and regulations.
There are three main categories of entrants : temporary visitors, employees,
and settlers.

Temporary visitors are required to produce evidence that they have i)ermanent
residence or employment outside the territory, that they have sufficient means
to maintain themselves during the visit, and that they intend to return to their
permanent residence.

Employees must produce evidence that bona fide employment awaits them in
the territory with an employer of repute, at an adequate salary, for a i)eriod
of not less than 6 months. They must produce at the time of entry a letter or
contract as evidence of the work and pay. It is customary for the employer
to make the initial contact with the immigration officer in Rhodesia, to furnish
details of the employment and of the prospective employee, and to obtain tenta-
tive approval of the immigration involved. (Actually the copper mines, the
major industry, recruit employees in London and make most of the arrange-
ments for immigration on behalf of the employee with the Rhodesian authori-
ties.)



iCh. .^.^ of thp laws (Northern Rhodesia), 1948 edition, Lusaka.
" See par. 1.2 of report on the United Kingdom.



COIVOnSSION ON IMMIGRATION AND NATURALIZATION 1923



Settlers, those seeking permanent immigrant status, intending to set up in busi-
ness or agriculture, etc., with tlieir own capital, communicate directly with
the chief immigration officer and give full information about tliem-selves, their
qualifications such as financial resources, skills and experiences, etc. Such
applications are considered individually on the basis of whether the prospective
inunigration will benefit the Colony generally. (A single man possessing the
requisite general qualifications would probably be required to hold a capital sum
of £150 at the time of his entry. Tliis would give him £")() to live on for a month
or so and enough money to pay his return fare if he found no satisfactory po-
sition.)

The usual medical qualifications are required of all immigrants, freedom from
tuberculosis, inoculation against smallpox and yellow fever, etc.

Immigration rules and procedures ajiply only to nonnatives. There is no
control of the native migration. There are no quotas nor any restrictions con-
c*eruing nationality of potential immigrants other than such bars to entry as
might be administratively imposed.

Domicile in Northern Rhodesia is acquired after 3 years' residence and
naturalization, in accord with the British Nationality Act of 1948, can be
achieved by aliens if they have, during the previous 12 months resided in Northern
Rhodesia or been in Crown service and, during the previous 7 years resided in
Northern Rhodesia during an aggregate of 4 years or been in Crown service for
that period. The other qualifications of the Nationality Act,' of course, apply.

II. EFFECTIVENESS OF LAWS AND POLICIES *

Since the laws of Northern Rhodesia give wide powers to the governor and he,
in turn, allows wide discretion to his immigration oflicers, the effectiveness of
policy is determined by administration rather than legislation. In 6 years, the
non-African population has increased from about 18,000 to about 38,000 and
permanent immigrants have recently been entering at the rate of about 600 per
month. The large majority of these are employees recruited by and for the
copper mines. The white population in 1918 was about 3,000.

While recent population growth has been relatively very large, the country
is physically well capable of absorption of skilled workers and settlers, so that
generally little control (except over personal qualifications such as health,
character, etc.) is exercised. Such control as is exercised cannot be completely
effective due to the length of the borders, the wilderness of the territory, etc.

Officials feel that the laws are effective in keeping out of the territory un-
desirable immigrants while the scope allowed by the laws for administrative
control permits effective implementation of policy laid down by the governor
in council.

III. STATISTICAL DATA



(Note. — Statistics are probably not completely accurate,
emigration are available.)



No statistics on



Table 1.'—


Immigrants by sex






Year


Male


Female


Children
under 16


Total


1944


634
1,169
1,821
2,183
2, 560
3,120


501
769
1,270
1,407
1,721
1,917


419

606

906

1,028

1, 235

1,496


1.644


1945


2,544


1946


3,997


1947


4. 618


1948


5,516


1949 . . .


6,533







1 The Northern Rhodesia Handbook, 1951, Government Printer, Lusaka, pp. 43 and 44.



3 See par. 1.4 of report on the United Kingdom.
* Source largely the Deputy Commissioner for
London.



Northern Rhodesia, Col. J. Kiggell,



1924 COMMISSION ON IMMIGRATION AND NATURALIZATION
Table 2/ — Immigrants by origin



Year


Union of
South Africa


United
Kingdom


All other


Total


1944


1,109
1,719
2,221
2,361
2,392
3,146


248

269

974

1,446

1,990

2,197


287
556
802
811
1, 134
1,190


1,644


1945


2,544


1946


3,997


1947


4,618


1948


5,516


1949


6,533







' The Northern Rhodesia Handbook, 1951, Government Printer, Lusaka, pp. 43 and 44.

Southern Rhodesia

(Note. — Southern Rhodesia is a self-governing Colony, the European population
of which has doubled since the last war. Consequently the Government has
introduced quota restrictions to govern immigration, details of which are em-
bodied in administrative memoranda, not in legislation.)

I. immigration laws and features of basic policies

1. Legislation

The Immigrants Regulations Act, chapter 60, lists as prohibited immigrants :

(a) Any person declared undesirable by the Governor on economic grounds or
on account of standard of habits of life ;

(&) Any person unable to read and write a European language including
Yiddish ;

(c) Any person likely to become a public charge because of infirmity of mind
or body or insufficient means of support ;

(rf) Any person deemed by the Governor as undesirable from information re-
ceived from any government, British or foreign, through official or diplomatic
channels ;

(e) Prostitutes and procurers ;

(/) Persons convicted of serious crimes ;

(g) Idiots, epileptics, etc. ;

(h) Lepers or persons afflicted with contagious or loathsome diseases;

(i) Anj^ person deported from the Colony not possessing valid authority to
return.

Persons over 16 entering the Colony must possess a passport or valid travel
documents.

2. Immigration procedure

Immigration procedure is largely governed by the regulations issued by the
Governor in accordance with power granted him by the basic legislation.

Visitors and transits are required to produce evidence that they intend to return
to their country of domicile or last residence and that they have i)ermission to
reenter that country. The period of visit is restricted to 6 months but may be
extended by the chief immigration officer to 12 months. A visitor must show
that he has sufficient means to maintain himself and his dependents during the
period of his visit. He may not take up employment in the Colony unless he
has been granted a residence permit. A visitor who wishes to remain perma-
nently in the Colony must leave the country and apply for a residence permit
from without its borders.

Permanent immigrants (employees and settlers) must obtain a residence
permit which is is.sued by a Selection Board. Tliere are three Selection Boards,
the British Immigrants Selection Board in Salislniry, Rhodesia (for British
immigrants from the African area), the British Immigrants Selection Board in
London, England (for British immigrants from the area of Great Britain), and
the Alien Immigi-ants Selection Board in Salisbury (for all aliens, wherever
resident).

(Note. — Information in the following paragraph is unofficial. Details are
probably changed from time to time by administrative regulation.)

The number of immigrants permitted to enter the colony for i>erinanent resi-
dence is now governed by a quota. The British quota is now 2.200 persons each
quarter of the year ; 1,100 permits may be issued each 3 months by the London
Board and a similar number by the British Board in Salisbury. The quota
for alien immigrants is 8 percent of the total quota; 92 percent of the total



COMMISSION ON IMMKiRATION AND NATURALIZATION 1925

quota must be British. Goncrally, the London Board re(iuir(>s an ai>i)licant
for a rt'sidencf pcrniit to ('stal)lish lliat he has either bona tide eniiib).vnient
in Southern lihodesia. or tliat be will bring capital with lain in the amount of
£1,500. The size of the family of an immigrant is generally restricted to two
children.

It is a condition of the issue of a residence permit that the holder will not
engage in any occupation other than that listed on the permit without the
permission of the Salisbury Selection I'.oard. After domicile lias been acquired
(8 years' residence), such conditions do not apply.

There is a serious housing shortage in Southern Rhodesia so the Selection
Board will not issue a residence permit unless the applicant has assured
accommoilatiou.

II. EFFECTIVENESS OF LAWS AND POLICIES

As in the case of other British territories, the basic legislation allows the
Governor wide power to regulate immigration by administration. Thus policies
are made effective by administrative action. Quotas can be varied and quali-
fications can be changed in accordance with change in the economic or social
character of the Colony. Officials feel tliat the present system of control of
immigration is entirely effective.'

III. STATISTICAL DATA

Table 1.' — Number of immigrants (other than Africans) entering Southern

Rhodesia





Year


Total number


Number of RAF
(included in total)


1944


623
1,759
9,195
13, 595
17, 037
14, 155

16, 245

17, 561
9,644


(2)


1945...


(2)

271


1946


1947


637


1948


2,444


1949


1,733
li729


195


19513 .


(-)


1952 (first 7 months)'


(-)







I Official yearbook of Southern Rhodesia, No. 4, 1952.
5Not available.
» Source: Office of High Commissioner for Rhodesia, Records Departments.

During the period between 1930 and 1950, 95.3 percent of the Immigrants were British
subjects.

During the month of July 1952, capital imports declared by immigrants totalled
£270,U52.

Table 2/ — Net balance of migration of Europeans



Span of years


Immigration


Emigration


Net balance of
migration


1921-26


9,400
20, 106

9,090
12,850

8,250
64,634


6,676
12, 695
7,058
7,157
0,192
17,447


2,724
7,421
2,032


1926-31-...


1931-36.


1936-41


5,693

2,058

47, 187


1941^6


1946-51







1 Official Yearbook of Southern Rhodesia, No. 4, 1952.



1 Source : Mr. Richardson, Rhodesia House, London (Immigration Information Office),
Mr. W. V. Bond, secretary, British Immigrants Selection Board (London).



1926 COMMISSION ON IMMIGRATION AND NATURALIZATION

Peru

November 12, 1952.
Foreign Service Despatch 360.
From : American Embassy, Lima.
To : Tlie Department of State, Wasliington.
Reference: Department's OM, dated October 6, 1952; deptel 111, dated October

23, 1952 ; and Department's OM, dated November 7, 1952.
Subject : Report on Peruvian immigration laws and policies.

There is transmitted a report on Peruvian immigration laws and policies,
covering the basic features of such laws and policies; the success achieved;
available statistics indicating the number of immigrants received on an annual
basis in Peru since 1915 ; and the type of immigrant desirable.

It has been considered pertinent, as well, to include a brief resume of the
historical development of present immigration policy.

Translations of pertinent provisions of laws and statements of policy are near-
ing completion and will be forwarded to the Department as promptly as possible.
For the Ambassador :

Bernard F. Heiler,

American Consul,

Since the first immigration law effected on November 21, 1832, until 1930,
the Peruvian Government has passed a series of laws designed to increase im-
migration to Peru. Confronted with a light population density of six persons per
square kilometer and a great need for agricultural workers and of colonists to
settle the montana, or jungle region, Peruvian legislators for one century have
tried various devices to attract immigrants to Peru. The period 1830-1930 has
been characterized as the "liberal" epoch of Peruvian immigration legislation,
during which successive governments offered free land, free transportation to



Online LibraryUnited States. President's Commission on ImmigratiHearings → online text (page 14 of 35)