Colonial Military and Colonial Legal Institutions

Colonial Military and Colonial Legal Institutions

The Meaning Of Colonial Military And Colonial Legal Institutions

Explain the meaning of colonial military and colonial legal institutions

Colonial military legal institution some time refers to colonial state apparatus that were responsible to protect colonial interests, colonial military force included:

·         The army force

·         Police force

·         Prison/judiciary

These institutions were concerned with the maintenance of law, order and the security of the colonial state to ensure that colonialists achieve their ultimate goals. The British established their military institutions in East Africa and central Africa. In East Africa it was referred to as a East Africa Rifles it has the duty of protecting Uganda and Kenya.

In central Africa it was known as central Africa Rifles of Nyasaland (Malawi). The two military institution were joined in 1902 and formed the king‟s African Rifles (KAR) the KAR had battalions in every British territory. KAR was established in Tabora Tanganyika in 1919. The KAR recruited soldiers from Somalia, Kenya, Uganda, Tanganyika and Malawi.

Another part of the colonial military institution was the police force. This recruited cadets in the colonies or externally. The police recruited from outside the colonies were from India, Europe and some were Nubians from Sudan.

The colonialist always recruited their force to foreign land which would make it easy for these workers to be fierce ruthless and harsh to the people of the foreign land.

On the other hand the French had thier army which was very popular among the French West African colonies such as Senegal, Guinea and Mali. Germany never had a stable recognised army; they preferred hired mercenaries from other parts of the world and Africa.

The major reason for establishing the colonial military force was to defend the White colonial administrators in the colonies and safeguard colonial interests against internal and external threats.

In addition, the colonial army had a duty of suppressing and exploiting Africans with the help of other established colonial organs such as the police, the prison and the judiciary without forgetting the colonial administration, since colonialism was very much resented and resisted by the Africans.

The top and middle positions of the army were dominated by the European officials and the lowest levels consisted of Africans. The Africans were included in the colonial army in the period of world wars I and II. For instance the KAR had all white soldiers in its army during the word wars.

Africans were later recruited in this army in order to suppress the Germans in East Africa. Many of the East Africa KAR soldiers offered their services in Burma, Egypt, Ethiopia, Sri Lanka and Somalia.

The police force

The colonial police force was created in order to ensure that peace and order weremaintained in their colonies. In addition it made sure that Africans paid taxes, produced raw materials such as cash crops production in the colonial plantations and performed public works such as building railways, and roads when required by the colonial government.

The other role of the police was to suppress the unacceptable African practices in the eyes of Europeans such as human sacrifice, slavery and the buying of the dead bodies. Police caught African people who committed crimes and brought them before the court of the law for European justice to take its course. In Tanganyika the first police force initiated in 1919, under the command of Dutch officers from South Africa

The prison

Prisons were created in the African colonies in order to discipline and guard African prisoners who were convicted and sentenced by the colonial judicial system. Many African prisoners during colonial rule were those who failed to pay taxes or refused to work in the colonial plantations and for public services.

The Functions of each Colonial Military and Colonial Legal Institutions

Analyse critically the functions of each colonial military and colonial legal institutions

Major functions of the colonial military institutions

To defend of colonial boundaries:The colonial administration ordered their army to fight against their enemies. For instance in 1919, 6 th KAR battalion of the British in Tanganyika fought in World War I in Kalito (Ethiopia) and another part of it fought in Burma and Sudan.

Implemented land alienation for colonial settlers: To establish colonial plantation they enforced the land alienation policy throughout the colonies.

Suppression of African resistance: SomeAfricans reacted very strongly to colonial rulership so it was the duty of colonial military to suppress the opposition. This was used as the only way for colonialists to maintain their administration.

They had a task of maintaining peace and order through maintaining colonial laws and orders: They also prevented crimes in the colonies. Not only that but they also protected the colonial properties such as buildings, infrastructure etc.

Tax collection and information: They were responsible for collecting information and supervising the tax collected in the colony. The information collected was to be communicated to the colonial masters.

Supervision of public works was among the functions of the colonial military institutions:Public works included the construction of infrastructures such as railway, ports, prisons, hospitals, schools, churches etc. all these had to be supervised by the colonial military.

Implement colonial conquest: To effect colonial invasion and domination in Africa during the colonial penetration and occupation the colonial military had to penetrate to the interior for the purpose of establishing the colonisation process.

Characteristics of the colonial military

Provided low wages: Exploited African soldiers through low payment of salaries although they performed the tough work in the army, while the Whites were paidhighly.

Poor working condition:African soldiers were subjected to poor social services. They lived in low standards and small houses with shared bathrooms and toilets while white soldiers and their officers lived in big well-ventilated, well furnished houses; other social services such as health and education were also offered on discriminatory bases.

Practiced racism:Africans was restricted from interacting with white soldiers apart from official meetings. For instance African entertained themselves in their social halls that were of low standards and had minimum facilities and White had their clubs where they interacted among themselves

Poor education: Most colonial forces were more or less illiterate because it was believed that an uneducated force was better for the colonialists.

Applied force not brains: Most colonial forces used strict command with less reasoning.

Colonial legal institutions

The colonial legal institutions were the colonial organisations that dealt with legal issues. It had the duty of advising colonial government, receiving people's claims, educating the society and guiding on the procedures to be followed, and providing legal aid. It included the legislative councils of elders, the prisons and the courts.

They adapted the colonial administrative system such as the councils of elders which were common in British colonies.

The legal systems during the colonial period in many African colonies were led by European judges and magistrates. It sued and sentenced those who were not affecting the oppressive colonial laws.

The nature of punishment administered in the colonial judicial system ranged from fines, caning, imprisonment and execution. The colonial judiciary system was governed by the help of

·         The Criminal Investigation Department: This department performed the task of investigating all criminal reports.

·         The motorised companies: Those performed the task of suppressing strikes formed by trade unionists. The motorised companies were established in 1947.

·         The militia: This took charge of collecting taxes and arrested Africans who failed to pay tax or evaded paying taxes.

Duties of the legal institutions

The major duties of the legal institutions were vast. Some of them were to amend laws, acts and ordinances as they were amended time after time in order to suit the colonial situation. Legal institutions had to do so to ensure that Africans performed various colonial activities.

Among the laws and ordinances made was the crown land ordinance of 1915 in Kenya. This offered white settlers the right to own Kenyan highlands for a 99 years lease. Another instance was that of masters and servants ordinance of 1924 which was established in Tanganyika.

The handling of various claims of the people was done through councils of elders and the legislative council (LEGCO) the councils of elders dealt with African cases while the LEGCO handled both European and African claims.

PICTURES SHOWING COLONIAL ARMY

BASIC ASSIGNMENT/ACTIVITY TO DO

1.       Explain the meaning of colonial military and colonial legal institutions.

2.       What were the functions of colonial military and colonial legal institutions?

3.       Explain the features of colonial military.

4.       Describe the duties of the colonial legal institutions.

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