Chapter summaries
Chapter 2 provides the historical backdrop of the work, situating the events of the 19th century which form the main timeframe for the subjects considered in this research in their wider context by tracing the history of Mauritius from its discovery to recent events of the 21st century.
It presents a detailed legal history of the island unique in breadth and depth. Starting with theories related to the island's first sighting and the initial claim of the Portuguese, the chapter provides an appraisal of the Dutch attempts at occupation before addressing the period of French colonization. Since British colonization of Mauritius is the main subject of this work, this section does not discuss that era in detail, but introduces the overarching themes which are relevant to the analysis contained in subsequent chapters, particularly the position of Mauritius in the wider British Empire and the role of the sugar industry in the 19th century. The chapter concludes with an overview of certain developments which form part of the legal history of Mauritius in the 20th and 21st century.Since the research is principally concerned with two labour systems, the work is divided into two parts: Part I (Chapters 3 and 4) covering slavery, and Part II (Chapters 5 and 6) addressing indentured labour.
Chapter 3 is concerned with the abolition of the slave trade in Mauritius. After a discussion of the imperial Act abolishing the trade and its genesis, an analysis of the context of Mauritian slavery with specific reference to (a), its geographical situation in the Indian Ocean, and (b) French occupation, is provided. These two aspects, as elucidated in the chapter, fundamentally influenced the enforcement of the ban on slave trading. It must be understood that in Mauritius, abolition of the trade is closely linked to issues relevant to British conquest, the latter having occurred in 1810, three years after the Imperial Act was passed.
Soon after British takeover, the question arose as to the applicability of the 1807 Act on the island, given that the Terms of Capitulation preserved the local French laws, under which the trade continued to be legal. There continues to be a level of uncertainty in the current historical discourse on the legal aspects of the trade's abolition, and the chapter provides a full discussion of questions that have arisen. The remainder of Chapter 3 examines theoretical and practical aspects to enforcing the ban, as well as specifically the challenge faced by administrators with respect to judicial enforcement, by having to implement a British policy in a French legal system. The abolition was largely circumvented, leading to serious consequences for the slave population. This chapter can therefore be regarded as dealing primarily with the black segment of 19th century Mauritian society.Chapter 4 looks at the abolition of slavery itself. The wider notions of slavery and freedom are discussed, leading into an analysis of the markedly low manumission numbers during the first two decades of British occupation in Mauritius. The legal requirements for manumission are examined, as well as motivations for slave retention. The role of the sugar industry in the 1820s hereby emerges as pivotal. Importantly, this part of the work reveals how certain British policies permanently placed Mauritius on a very specific economic trajectory which would influence labour relations for decades, or arguably even centuries, to come. The broader focus of this chapter lies with the position of the slave-holders in Mauritius as the party most strongly affected by the passage of the 1833 Act abolishing slavery. Their attitudes are particularly revealed in context with the amelioration policies that preceded abolition as well as the subsequent compensation process. This Chapter is thus primarily devoted to the white segment of society in 19th- century Mauritius.
Moving on to indentured labour, Chapter 5 of the work addresses the first phase of indenture migration from India.
Coinciding with the period of postemancipation apprenticeship, this chapter simultaneously addresses the immediate aftermath of the legal abolition of slavery. Examining in the first instance colonial labour migration more broadly, the first introduction of Indian indentured labourers, which took place on a private basis, is placed under scrutiny. The 1830s marked the transition from slavery to indenture in Mauritius, and an analysis of the legal frameworks for both apprentices and indentured labourers respectively is provided. A legal evaluation of early indenture highlights the shortcomings of the system which lead to a two-year suspension of indenture emigration from India, and the nature of coercion in a “free” system of labour is addressed, which also covers cultural issues relevant to Indian labour migration specifically. This analysis provides the context in which the second phase of indenture must be understood.Chapter 6 addresses that second phase of indenture migration, which took place under a government-backed scheme from 1842 onwards and was adapted to the needs of a burgeoning sugar industry in very obvious ways. Over the coming decades, the indenture concept underwent several changes in design, moving from a “bounty” system to a “contingent” system, which are analyzed in detail in the chapter. The regulation of labour reflected an increasingly coercive setting which with the passage of new labour laws in 1867 did not ease the situation but rather sharpened it. A legal distinction between Old Immigrants and New Immigrants was introduced, designed to bind a greater number of available workers to the sugar industry. The chapter ends with an examination of the process that saw the end of indenture and the emergence of a local Indian peasantry engaged in sugar production in a process which overall maintained the power structures of the sugar economy, but on a different footing. Both Chapter 5 and 6 deal with the Indian segment of society during the relevant time period, and further, how all the different segments related to each other at a time when all parts of Mauritian society had been “assembled”.
Chapter 7 presents the conclusion of the work. A summary of the findings from the preceding chapters is supplied and the contemporary relevance of such research to modern Mauritius is discussed. The report of the Truth and Justice Commission, published in 2011, which sought to address the legacies of slavery and indentured labour in Mauritius is examined and a detailed critique is provided, highlighting the shortcomings and missed opportunities in the processes of that once-in-a-lifetime project for the Indian Ocean nation.
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