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The Pain of Modern Agriculture for Farmers
The Pain of Modern Agriculture for Farmers
Shreeram Chaudhary
Shreeram Chaudhary
As a person born into a farmer’s family, I know a great deal about our agricultural system in Nepal and its dynamics, especially during the past three decades. Sometimes I am traumatized when I remember the history of our community. When my grandparents were alive, I used to go with my grandfather to graze the animals in the forest. We had dozens of buffalo, goats, cows, sheep and pigs in my house. Our long house had 12 rooms where we used to stay with our family and our animals. It was a very simple structure made of bamboo sticks and mud. Every household in our village had the same status. Our labor was our exchange system. Life was not easy, but was rewarding, at that time.
 Shreeram Chaudhary, left, participated in an organic farming workshop that Interfaith Cooperation Forum (ICF) held in Sri Lanka in 2009. |
In the last few years, however, all of these traditions and culture have been lost. People have begun to cultivate with modern technologies that do not need laborers; rather, they need money for tools and techniques. Small farmers though have been in a crisis after using modern technologies. They have had to buy all farming inputs—tools, seeds, fertilizers, pesticide and even agricultural consultations and training—everything! It has ruined the previous relationships within the village; the previous relationships in the community have been broken.
It has hardly been five years since people began to use commercial fertilizers and hybrid seeds in our village, but dependency has been rapidly created. People had no money to buy the seeds, fertilizers and other tools that are required. Consequently, every farming family is now burdened with bank loans and private loans with high interest. The people are at the mercy of this new technology.
This year we got another shock: the rice did not grow properly. As a result, the harvest decreased 75 percent in the village with 57 hectares of rice spoiled. The farmers were sad and angry. Corn cultivation was the same. The people asked the company superstore for compensation but didn’t receive anything. At last, they filed a case in the Supreme Court against the superstore with the case now pending in the court. Farmers are waiting anxiously to face hunger and possibly starvation with the demands of their bank loans and landlords in the back of their minds. This outcome is the negative impact of the monopoly of multinational companies and their agents on our food production.
Meanwhile, we are challenged to ensure food security for a growing population in Nepal. In the better days of the past, we were able to produce more with less; we looked beyond the claims of the biotech industry. We have discovered through our experience that the biotech industry, as well as other modern agricultural interventions, have failed in producing better harvests. Those farmers affiliated with the factory system of production in which different inputs are bought to produce various crops and fruits and vegetables have suffered. A factory is not a living entity though but a multinational of lifeless materials. The assumption that agriculture and its production can be modeled after the modern factory system has led to the wrong belief that somehow the extremely complex soil ecosystem is irrelevant in the production process. The soil, however, is an extremely complex entity with billions of microbes and organisms actively involved in breaking down organic matter and constantly recycling nutrients. Good seeds play a great part in this process too. For the long-term ability to sustain food production, however, we pay serious attention to enhancing the health of the soil. This basic fact of farming that has been known in Nepal and elsewhere for generations is apparently not known, or is ignored, by multinational agricultural companies for whom the land is just another type of factory for producing profits.
* Shreeram Chaudhary attended the first School of Peace (SOP) that Interfaith Cooperation Forum (ICF) held in Bangalore,
Blood, Tears and Optimism: A Reflection from Dang
Blood, Tears and Optimism: A Reflection from Dang
Shree Ram Chaudhary
Shree Ram Chaudhary
Historical Context
It is believed that the Tharu people lived in the Dang region since the Stone Age. According to Devid Sedon, the Tharus have occupied the area for around 300,000 years. It is also assumed that Dang derives its name from a Tharu king, Dangisharan, who ruled the area about 5,000 years ago.
Dang is a district with a unique historic, economic, political, social and cultural identity. It is a fertile land and a major habitat of the Tharu ethnic group. In 1964, when the new land management system came into operation, only Tharus were settled in Dang; but after the eradication of malaria, they began migrating from the district. At this time, the Tharu people owned 90 percent of all land in the district. Later non-Tharus started migrating to the district, and the government and powerful local leaders captured land and enslaved the Tharus—a major cause of the historical conflict in Dang.
To reacquire their lands, the Tharus struggled hard for years and initiated efforts at a land revolution. Gumara Tharu, leader of the farmers’ movement, who famously said that “land belongs to those who plough and houses belong to those who scrub,” was shot dead by the government in 1960.
There is thus a long history of incidents of domination, oppression and exploitation of the Tharu people, who have been in revolt since panchayat rule commenced in the 1960s. Many people sacrificed their lives fighting for their rights. However, these incidents never benefited any of the Tharu communities; only the landlords benefited. Even after the political transformation in 1990, the Tharu community gained nothing: the nature of domination changed, but fundamentally, the oppression remained unchanged. This fuelled anger and dissatisfaction in the hearts of the Tharus towards the Nepali government and its officials.
Initially, the Maoist revolution that began in 1996 had little impact in Dang since the neighboring districts of Rolpa, Rukum and Salyan were focal points of their “People’s War.” When in later years the Maoists realized the strategic importance of Dang, their interest in the district increased as did the impact of the conflict on it. The domination of the people by the State further stimulated Maoist agitation, and both the government and Maoists competed to parade their power in Dang where poor Tharus, Dalits and all underprivileged communities ultimately became the victims.
The Maoists attacked Ghorahi, the headquarters of Dang, on Nov. 23, 2001, killing 37 security personnel, including 14 soldiers of the Royal Nepal Army. The Maoists succeeded in capturing a large cache of weapons, and the attack ended negotiations that were taking place between the Maoists and the government. The government responded by announcing a nationwide state of emergency several days later on Nov. 26.
Subsequently, the situation in Dang continued to worsen, and insecurity reigned in the district. The infuriated security forces began undertaking careless and one-sided actions in various parts of Dang. Five days after the start of the emergency, for example, state forces killed 11 innocent Tharu farmers from the village of Bargaddi. The Maoists took advantage of the people’s desire for vengeance and recruited large numbers of Tharu youth into their ranks. The homeland of the innocent Tharus consequently turned into a theatre of war, grief and lamentation.
Data from the National Human Rights Commission (NHRC), released on Aug. 30, 2006, stated that after 2001 a total of 936 people were abducted nationally—563 by state forces (these are still missing), 315 by the Maoists and 58 by unidentified groups. In Dang alone, security forces abducted 56 people and the Maoists two individuals.
After the frightful Maoist attack, the government formulated strong policies against the Maoists and initiated various search campaigns. The Maoists were equally ruthless, and violent encounters between these two forces became routine. According to data from the Informal Sector Service Center (INSEC), a total of 686 people were killed in Dang from Feb. 13, 1996, to Sept. 9, 2006. State forces killed 422 people: 312 males, 10 females and 100 people who could not be identified by gender. Similarly, the Maoists killed 264 people: 257 males and seven females.
Significant Massacres
The Khalyan Massacre[1]: The anger of the security forces following the Maoist attack on Ghorahi on Nov. 23, 2001, was directed towards poor Tharu farmers in the village of Bargaddi in Tribhuban Municipality–3. Alleging them to be Maoists, security forces killed 11 villagers who were working their landlord’s field in Khalyan. Those killed were Jagmaan Chaudhary, Sati Lal Chaudhary, Krishna Chaudhary, Aasha Ram Chaudhary, Chona Chaudhary, Khusi Ram Chaudhary, Chiju Chaudhary, Bishram Chaudhary, Laxman Chaudhary, Somlal Chaudhary and Prasad Chaudhary.
The Pendya Massacre[2]: Tharu farmers were celebrating the Pendya Festival on Dec. 9, 2001, in the Laxmipur Village Development Committee (VDC) as they have done every year after having taken in the annual harvest. Feasting throughout the day, they were dancing and singing that night. At some point, the army surrounded the house and shot and killed 11 innocent people. The security forces later justified their action by declaring the dead to have been Maoists who had allegedly broken the curfew.
The Kathberuwa Massacre: The villagers of Kathberuwa, Bela–2, were roofing their houses with hay on June 17, 2002, when an army search party arrested seven villagers. Two of them, Chatak Bahadur Chaudhary and Ganesh Chaudhary, were shot dead on the spot. The remaining five— Uday Ram Chaudhary, Hari Lal Chaudhary, Kedar Nath Chaudhary, Dhani Ram Chaudhary and Bhim Bahadur Chaudhary—were taken to the Musot River and brutally murdered.
The Rajakot Jungle Massacre: The villagers of Kauwaghari, Goltakuri–8, were on their way to a local forest in search of timber to make electricity poles on June 30, 2002. There were three groups consisting of both villagers and VDC representatives. On their way to the forest, the second group encountered security forces assigned to protect the Rajakot tower. The first group was ahead, and the third one was far behind them. The villagers, who were carrying axes, were accused of being Maoists and were arrested by the soldiers. To prove their innocence, the villagers gave their names, addresses and occupations and explained why they were visiting the forest. They begged to be believed but could not soften the soldiers’ hearts.
The soldiers ordered the villagers to strip, blindfolded them with their own clothes and then killed 12 of them right there. Those killed belonged to Sarki families. One of the group, Shobha Ram Nepali, was able to escape by jumping down the hill and was the only witness to the incident to survive. The bodies of the dead were never recovered. One of the dead was unmarried, one had married the same year and all others were married with children.
The Teej Festival Massacre[3]: On Sept. 8, 2002—roughly two months after the Rajakot jungle incident—another horrific episode occurred in the village of Baakhre, Phoolbari–4. As part of the Teej Festival, some villagers were sharing buffalo meat when the security forces, chasing the Maoists, arrived in the village. The Maoists escaped past the villagers, and the soldiers, alleging that the villagers were also with the Maoists, randomly fired on them, killing six people. Ram Kumar Nepali, Top Bahadur B. K., Manoj Nepali, Choodamani Shrestha, Dharam Nepali and Top Bahadur Nepali died on the spot. Punaram B. K. and Bhakta Bahadur Nepali were forced to dig graves for the six people who were killed, and the soldiers then beat these two men close to the point of death. Despite medical treatment, Puna Ram B. K. died in October 2003, and Bhakta Bahadur Nepali died the following month. A total of eight innocent people thus lost their lives in this incident.
Conclusion
Dang is one of the districts worst affected by the conflict. Its headquarters, Ghorahi, was brutally attacked by the Maoists on Nov. 23, 2001. Three days later the government declared an emergency in the country, which in Dang lasted for four years. The district remained consistently in the headlines of the national newspapers because of the brutal incidents occurring there. Dang is considered one of the principle territories of the Tharu community, and many Tharus were badly affected by the conflict. Dalits and other marginalized communities were also severely affected.
These simple people, who never knew the meaning of the emergency, became the targets of the guns of the security forces at festivals or in forests and for no reason. Even those who were simply thatching their roofs were brutally murdered. These innocent people, who were killed by the State, are still considered as Maoists by the government, which has made no effort to investigate and find the truth.
After the deaths of the male heads of the family, who were the breadwinners, women with a low economic status are now having trouble feeding their children. Unable to bear the pain of their husbands’ deaths, some women, like Radha Nepali, have committed suicide. On the other hand, some widows, such as Meghi B. K., are leading a social transformation. Moreover, there are women who were physically abused by security personnel when looking for their missing husbands. Doctors have failed to identify the disease that has afflicted such women as Sita Basnet who have lost their beloved ones. Doctors have advised them to laugh; but not having the medicine that could aid them to laugh, these women are living in a pool of tears. Meanwhile, women whose husbands were killed by the Maoists, like Sabitra K. C., are treated cruelly even by their own family. Although few women were killed during the conflict, they are the ones who are now most affected by it.
Notes
[1]. The Khalyan is a public threshing place where the entire village gets together and harvests their crops.
[2]. The Pendya is a festival which is celebrated, especially by the Tharu people, after the harvesting of rice.
[3]. The Teej Festival is a weekend-long Hindu festival in which women have to fast and pray to the god Mahadeve for a good husband and long life.
Firefly of the Battlefield: Peace Initiatives by the Victims’ Families in Dang
Firefly of the Battlefield: Peace Initiatives by the Victims’ Families in Dang
Shree Ram Chaudhary
Shree Ram Chaudhary
Introduction
While living in peace is at the heart of all civilizations, conflict has been a means of social transformation. Since ancient times, there have been conflicts, both large and small, that have led to changes in society. Such positive conflict contributes towards achieving lasting peace, and, in practice, ordinary citizens have the responsibility of transforming society through their own sacrifice. It seems to be an almost natural process, however, that conflict becomes violent whenever injustice and tyranny take hold.
As peace workers, our spirit is the voice of the people, and our main objective is to be an advocate for the poor; for Dalits, or Untouchables; and for Janajatis—people with their own language and culture who are outside of the Hindu caste system in Nepal, i.e., largely indigenous people.
This motivation is why I have tried to share their painful past and hopeful future in this essay. Beyond this aim, the experience of women and children tormented by the conflict in the country is given special consideration. In addition, this essay tries to address the issue of ordinary people as the means of social transformation, even during a conflict. How did they gain enough courage to live peacefully and inspire others to maintain peace in such chaos, for example? This essay also offers some approaches on how to deal with violent situations, particularly where crossfire occurs daily at the local level. It shows moreover the intersection of both conflict victims and working individuals and organizations to bring about change. Lastly, it provides some social changes which have occurred based on my working experience as well as multiple peace activities in which I have taken part.
Encounter with Armed Conflict
When the armed conflict was at its peak in Dang District in the midwestern part of Nepal, the government drew up strong policies against the Maoists and initiated various search campaigns in Dang. The Maoists were equally ruthless, and violent encounters between these two forces—the Nepal army and Maoist rebels—became routine. This series of events made the ethnic Tharu youth nervous and feel vulnerable. Since a majority of victims of such incidents were Dalits, Tharus or people from other marginalized groups, they began asking various questions. They began discussing the reasons behind the victimhood of the marginalized groups and started analyzing why the government, and even the Maoists, were prejudiced against them. Thinking along these lines led the youth to become organized and to decide to work toward conflict transformation.
It was within this context of conflict that the Society for Environmental and Economic Development (SEED) was born. As a result, it had to tolerate tensions and challenges from both the Maoists and security forces time and time again. On any pretext, the Maoists tortured SEED staff, ordered them to come to the jungle at night and asked for detailed information about the organization’s work. They also threatened to abduct members of the organization or to forbid the organization to operate if its members did not join their groups. Meanwhile, government forces repeatedly conducted searches at SEED and accused its work of being pro-Maoist. I specifically remember one particular incident.
It was on April 3, 2004, that representatives of the U.N. Review Mission and myself were traveling to Kauwaghari by car. Maoists stopped us at Phoolbari-6, Dhakana, and were about to set the car on fire. When I told them the purpose of our visit, they took no action and even promised to help us. When we began our work, we encountered lots of obstacles. We had to meet with both Maoists and the government administration on the same day to inform them of our work plans, which gave rise to substantial risk. Despite the critical situation, we were successful in accomplishing our objectives since we were working for the victims of both sides and we had a clear vision of what we were doing. We worked without favoritism toward either side.”
Although SEED received threats and people everywhere were often suspicious of its motives, it never flinched from its aims and objectives. Identifying solutions for such external problems, it worked intensively and effectively in the community, seeking with great patience to end the conflict and to promote peacebuilding between the guns of the warring parties. The Manpur Village Development Committee (VDC) made a room available for SEED to establish an office. When the Maoists destroyed the VDC building in December 2002, the organization had to bear a loss of about 50,000 rupees (US$692). Eventually, the Maoists begged to be pardoned, which made SEED more confident to work in dangerous circumstances.
Non-violent Initiatives for Peacebuilding
Because of the unstable and dangerous situation in Dang District during the conflict, discussions were initially held with the local authorities, VDC members and victims of the conflict on how to work together to build peace and transform the conflict. During the conflict, it was difficult to work with both victims and the authorities, but it became necessary to identify ways to minimize the hazards of the conflict. With suggestions, inspiration and support from local groups, SEED started its work, beginning on a small scale.
In the first year, three VDCs expressed a commitment to work jointly with the organization. With the active participation of local people and based upon local knowledge and suggestions, various strategies to support conflict victims were developed, which were largely comprised of a three-month knitting and painting training program for female victims. During this training, bereaved women from six VDCs had an opportunity to share their grievances. This program thus helped us to understand the anguish and sorrow of conflict victims and to get to know them better.
The Janajati Development National Assembly, impressed by the work SEED had begun with the Tharu community and the search for their historic identity and status, offered to work in partnership with SEED. The collection and documentation of Tharu history, traditionally transferred from one generation to another orally, has now been completed.
Similarly, partnerships with local, national and international organizations increased. In partnership with ActionAid Nepal, for example, we decided to continue to work for peacebuilding in Dang, and the program that began in 2003 still exists. SEED also had the opportunity to gain experience in partnership with the U.K. Dept. for International Development (DFID) through its community support program from 2003 to 2004. It also worked with the United Nations Development Program (UNDP) in 2003 as part of the Support Peace and Development Initiatives (SPDI) program. In partnership with Shaplaneer in Japan, SEED conducted a workshop to share experiences and an educational tour for freed bonded laborers, or Kamaiyas, in 2005. Since July 2006, an education program for conflict-affected children has been conducted in partnership with Save the Children Japan. It has also worked with the district development committee, district health office and Rapti Eye Hospital.
During its initial five years, SEED programs focused on psychosocial counseling, holding peace rallies, support for conflict victims’ families, organizing joint feasts and a Zone of Peace campaign in some schools as well as broadcasting a peace message through the local radio station. We also helped innocent conflict victims file cases with the National Human Right Commission (NHRC) about the violation of their rights.
The success of the non-violent people’s movement in April 2006 and the surrender of power by the absolute monarchy, followed by several agreements among the Seven Party Alliance and the Communist Party of Nepal (Maoist) (CPN [Maoist]), led to new possibilities to end the violence and build peace. Consequently, we changed our strategy as the activities now focused on organizing and mobilizing conflict victims for compensation, voter education, model Constitution writing and consultation meetings at different levels. At the same time, we initiated the Education for All (EFA) campaign with a number of awareness-raising programs. These activities helped in the peace process and increased the awareness of people on how to claim their rights.
A Reflection on Changing Dynamics
Arranging support for conflict victims, the poor, Dalits and Janajatis was challenging. Developing strategies in support of such people was risky due to the conflict between the Maoists and the government. Because of the local domination of the Maoists and the military operations of both sides, one question was ever present: How to support the victims of both sides? This challenge was the greatest strategic question SEED faced. Moreover, it attempted to adequately respond to this vital question when, at the same time, it also sought to work intensively during the conflict with the support and cooperation of local conflict victims, underprivileged groups, Dalits and Janajatis at a time when other organizations were reducing their activities due to the conflict.
By experiencing the pain and bitterness of conflict-hit communities, SEED was brought closer to the affected families every day. When SEED began its programs, women and children used to turn away or look at the floor while sharing their experiences; some used to even leave without speaking. Furthermore, some children tried to hide in their homes whenever they saw new faces since they thought that strangers were either Maoists or soldiers of the Nepal army.
In short, those affected by the conflict and their communities were unwilling to talk with unfamiliar faces. Those seeking to share their pain were therefore unable to talk and could only cry. There was no option but to listen and wait patiently; but after a while, SEED gained the confidence of the people, and victims became intimate with the organization and shared their thoughts and feelings. In this way, it created a comfortable environment for the organization to work in all sectors. In addition, the organization considered how to bring happiness back to these people and undertook advocacy for their civil liberties.
Where we developed a relationship with a community and gained the confidence of the people, we were able to work there in any situation. As we came closer to the people, their support and cooperation for our work increased. The local people had effective access to information, counseling and assistance and began having faith and reliance on SEED. The organization was also able to provide moral and physical support to the people in the event of any problem. Public auditing increased the transparency of the organization and thus its acceptance among the people. Moreover, including committed local youth in the SEED team made it much easier to work in difficult situations, visit the field at any time, determine the truth of any reported incidents and respond accordingly.
An example emerges from the diary of Devendra Chaudhary, a social mobilizer: “I was in Kauwaghari village on June 16, 2002. Military people had surrounded the village to make a search. I did not have an identity card and was very frightened, but the women of the village saved my life by telling the military men that I was their brother. This incident inspired me to be in the field even during difficult times.”
Conclusion
SEED utilized local knowledge, skills, resources and approaches as a priority during our work. This decision allowed us to learn from the local people; and although we had no former experience of working in conflict areas, we realized that people were the best source of knowledge. As a result, we decided that our work would be based on the following understanding and approach:
- to work to arouse hope and optimism in conflict victims;
- to have proportional representation of Dalits, Janajatis and women in the central committee, executive board and as members of the organization;
- to form a partnership with the VDCs from the point of the organization’s registration;
- to establish peace from the grassroots level by utilizing local resources, skills and capacities;
- to focus on those who were most victimized, especially women and children conflict victims;
- to work in geographically remote and underprivileged communities that have been ignored by the government and non-governmental organizations (NGOs);
- to create an environment to unite all conflict victims who are in difficult circumstances due to the violence and who are thus unable to trust anyone;
- to work through women’s forums to assist victims to share both their pain and their joys with each other.
Bonded Child Laborers Still Not Free among the Freed Kamaiya
Bonded Child Laborers Still Not Free among the Freed Kamaiya
Shree Ram Chaudhari
Shree Ram Chaudhari
Introduction
The Kamaiya system of bonded labor in western Nepal was abolished by the Nepalese government on July 17, 2000. More than 150,000 Kamaiyas were freed from their servitude and began living in camps in temporary huts.
Today these camps are still being used and continue to lack basic infrastructure and do not provide adequate essential living standards. The camps, for instance, do not have drinking water provisions nor health and education facilities, and the land distributed to the Kamaiyas is unproductive. Similarly, there are no roads, electricity facilities are only available to a limited number of camps, degrading environmental conditions exist and no employment opportunities are available as the camps are situated on the outskirts of the main village development committee (VDC) settlements.
The freed Kamaiyas have frequently organized advocacy campaigns at the local and national levels jointly with non-governmental organizations (NGOs) and other like-minded institutions and organizations of civil society, including squatters, to expose the Kamaiyas’ living conditions. As a result of these efforts, most of the freed Kamaiyas who received unproductive land and have been living in extremely harsh conditions have been moved by the government to relatively better places. In this process, the Society for Participatory Cultural Education (SPACE) has been carrying out various community development activities in Bardiya District since October 2009 with financial assistance from Arbeiterwohlfarht International (AWO), or Workers Welfare Institution, in Germany to address the issues of the freed Kamaiyas. However, there are still an assortment of problems rooted inside the Kamiyas’ settlements with this article focusing its attention specifically on Kamiya bonded child laborers.
Generally, the Kamaiya system is known as the bonded labor farm system of Nepal. However, not all Kamaiyas are necessarily bonded. Differentiated control over resources, general working conditions and patron-client networks within the kamaiya system have resulted in a variety of social mechanisms that entail elements of bondage. Similarly, all children working as Kamaiya child laborers may not be directly bonded, but they work in circumstances and under conditions that reflect the precarious situation of their families and the range of different elements that constitute bonded labor relations. Types of employment relations, and information on whether or not working children are linked with household transactions or contracts, can provide clues to gauge the extent of the problem of bonded child labor.
Children begin to work for the same employer as the other adults in the household, either by choice or by compulsion. In rural areas of Nepal, especially in the mid- and far western regions, children are required to work for the same employer under the kamaiya farm labor system, and the employment of children in the kamaiya system is linked with the parents’ annual wage. As debt bondage is a feature of the kamaiya system, many adult laborers are not free to change employers, and a child working as an appendage to such labor is also not free to choose his or her employer.
Pushed by deprivation and hardships in the rural areas and attracted by urban glitter and hope for advancement, many children migrate to urban centers and end up working in captivity. The number of street children, rag pickers and children rescued from carpet or other manufacturing industries reveal that the numbers of such children are in the thousands. Although the slavery-like practices of the kamaiya system have been banned, a variety of exploitative farm labor arrangements persist. Child bondage can be detected right from the point of entry into child labor.
Observations
Bondage among Kamaiya children working for an employer thus ensues from the debt incurred by the parents and also through the linkage with exploitative employment practices affecting the parents. Poor Kamaiya households either pledge children as collateral for loans or children are sent to work in landowners’ houses to secure kamaiya contracts or to secure the rights to sharecrop. Thus, Kamaiya children face bondage as they enter the child labor market. The phenomenon of linking land-leasing and child labor is on the increase, especially since the liberation of Kamaiyas in July 2000. The burden of the link between leasing land and child labor seems to be high among Kamaiya girls.
The first of the problems that the child laborers reported is that their parents have taken a loan from their employer. Generally, children cannot be withdrawn from work until the loans are fully repaid, and the child works in debt bondage to pay off parental debts.
The second type of bondage is the result of one or both of the parents seeking employment from landowners. The children work along with their parents for the same employer.
Thirdly, bondage also ensues with Kamaiya households leasing land from landowners. To continue the leasing contracts, landowners require the Kamaiya family to supply child labor.
Key aspects of debt bondage feature in many Kamaiya child labor relationships. The problem of bondage, however, is not limited to debt but also extends to family labor employment and land contracts. Children can be considered to be bonded where access to land for Kamaiya households is bound to the supply of child laborers. Furthermore, the working conditions of many Kamaiya children contain elements of the worst forms of child labor—specifically, work without pay, excessive working hours, work at night and employment at an early age. In addition to aspects of bondage, the prevalence of these elements categorizes the work of virtually all wage child laborers of Kamaiya households among the worst forms of child labor.
Dynamics of Kamiya Child Laborers
Unlike domestic and other child labor, the employment of Kamaiya children is generally linked to their parents’ labor relationships. Within the kamaiya system, a whole family of laborers may be exclusively supplied to a specific landowner—the employer—with children also engaged in the work. However, Nepal’s new legislation has created new issues that link access to land and labor supply. Discussions with adult and child laborers suggest that these labor issues have acquired a new twist since national legislation banned the kamaiya system. As Kamaiyas convert to being “sharecroppers,” the supply of children for work becomes one of the conditions to safeguard land contracts.
Take the following sequence of events, for example. A landowner has five hectares of land and four adult Kamaiya laborers bonded to his land. After legislation makes it illegal for him to use bonded laborers, he offers each Kamaiya one hectare (and keeps one for himself). The ex-bonded Kamaiya laborer becomes a sharecropper. There are, however, strings attached. Firstly, the Kamaiyas earn no wage from the landowner. Secondly, the landowner requests that each Kamaiya send a child to work as a domestic servant. Of the four children provided, one child stays in his house while the others are sent to work in Kathmandu. The linkages between adult and child labor supply are being transformed into linkages between land and child labor supply.
Way to Address the Issues
Poverty is the key reason why parents send their children to work. Children are also pledged as collateral to have access to credit. In poor households, working children contribute to income directly by supplementing household income and indirectly by saving the consumption expenditure.
Parents, employers and policymakers need to be included in awareness-related activities. Parents need to be made aware of the human capital loss associated with child labor. Employers need to be made aware of the legal and societal norms against child labor practices . Policymakers need to be sensitized to the urgency of combating child labor. Child-focused strategies of development interventions need to be promoted. Government and NGOs should promote and undertake activities that contribute to the gradual elimination of child labor as quickly as possible.
School attendance and work are competing activities for poor children. A lack of resources compels many parents to keep their children out of school. Irrelevant curricula and high costs involved in educating children work as further disincentives. Compulsory and free primary education has the potential to help children out of exploitative work.
Nepal has not ratified ILO Conventions No. 29 and No. 105 on forced labor. This inaction can be taken as an indication of some government indifference to such issues as bondage and slave-like practices. The government should be encouraged to change its stance. In addition, the government should be assisted in its preparation to ratify the new ILO Convention No. 182 on child labor.
* Shree Ram Chaudhari is the program manager of the Society for Participatory Cultural Education (SPACE) in Bardiya District of Nepal. He attended the first School of Peace (SOP) that Interfaith Cooperation Forum (ICF) held in Bangalore, India, in 2006.
King Dangisaran & Dang
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bfª b]pv'/L pkTosf ljzfn km“6jf s]n xf]v dxTjk'0f{ g} xf]s oxf“s ;'ud xfjf kfgL, dNu/ df6L j s}nLsAnf; jftfj/0f nl8of nufot k'/ftTjLs b[li6sf]0fn] dxTjk"0f{ af . k|f= /fd lgjf; kf08] ;g\ !(^^ df bfª s s6'sL ;]jf/df !( ;]=dL= nDaf, & ;]=dL= rflv/ cf] $ ;]=dL= df]6fO /xn k|fu Oltxf; sflng aGr/L ˆofn kn{ .
;g !(&^ df bfªdf klxnf ˆof/f cd]/LsL k'/fTjljb /f]j6{s] ;+of]hgdf k'/ftfTjLs cWoog s/j]/ k|fu Oltxf; sflng 9f“8 xOn hgj/Gxs cjz]if kQf nu}n . ;g\ !(*) df k'/ftTj ljb x'qm g]kfns l;jfn]v kj{tdfnf -r'/] kj{t dfnf_ dfgj ;Eots pbud ljGb' xf] s}v lgis;{ lgqm}n . bfª, lo a]N6df kgf{ rf}s; cf] :yfO{ n8\of jxgf ef/L km6\jf x'On df/ kTy/ o'u;] oxf“ dfga rnv]n cf] j;f]jf; /x6L cfOn k|df0f ldn af . kf5 !(*$ u'8; sf]le{G; gfds hd{gLs] k'/ftTj ljb bfª s cfWoog s/a]/ w]p/;] k|fu Oltxf; sflng dfgj xftxltof/ km\ofnf kn{ . px cf]{;] bfª k'/ftTjLs b[li6sf]0fn] ax't dxTj k'0f{ lhNnf dfGh}7f .
cf]:tv bfª Pltxfl;s b[li6sf]0fn] km] ax't dxTj k'0f{ lhNnf dfGh}7f . bfªd k/fk'j{ sfn7];] yf? a}§L cfOn x'O6 . yf? ?jf bfËL;/0f /fHo sn{s df/ oL lhNns gfp bfË /x u}n . cfDxL km] p/x/L uf=lj=;= j8f g+= ( ;'sf}/fd /Hjf bfËL;/0fs b/jf/s eUgfjz]if kn af . oxf kfu}n O{6fs cfsf/ !! OGrL nDjfO ( OGrL rf}8fO cf] @ OGrL df]6fO /xn af .
cfh;] tLgxhf/ jif{ kl;xn yf? /Hjf bËL;/0f /fHo sn{ sgf lsDbGtL af . oLaf6 yf?Gxs uLt j8\sLdf/;] k|dfl0ft x'O7f . dxfef/t sfnd eujfg s[i0f cf] kf08jg\;] /Hjf bfËL;/0fs ;DaGw /xn af6 cfDxL km] yf? cfkg nf]s ;flxTo j8\sLdf/d u}x6L af6 . bfËL;/0f /Hjs af/]df cf]qf w]p/ af6 k|sfzg g} x'On;] km] bfËL;/0fs :ju{d;] ;/fk kfOn d]gsf gfds cK;/f;] uf]xL nufv db|VgL 6ofsn\ af6 yf? ;dfhdf ax'6 nf]sk[o af .
d]gsf lbge/ 3f]of{ XjfP cf] /ftd cK;/f aGhfP . cl;s /Hjf d]gsf;] nNrfu}n . Ps sfg bf]sfg d}bfg x'O6L oL af6 s[i0f eu'Gjf yfxf k}n pm 3f]o{x dfu k7}n . bËL;/0f 8]xs\ dg lgn{ 6 s[i0f eujfg o'4s wDsL b]n . bËL;/0f eujfg s[i0f;] o'4s nfu tof/ x'On . o'4d ;xof]us nfu kf08j x'sg\;] bËL;/0f ;xof]u dUn . t/ ;xof]u g} k}gf x'On t/ dGnf e]jf ;/0f k/ cfOn dg}g 5'R5 k8fO lgx'O6 s}v clSnx x'On;] km] ;xof]u sgf{ arg b]n .
bfËs l/xf/d 3df;fg o'4 x'On . bËL;/0fGs z]gf eujfg s[i0fs z]gf x’sg aGbL agf b]n 6 eujfg s[i0f :jo+ o'4 e"ldd cOn . eujfg s[i0fs bz{g k}6LsL d]gsfs >fk s6\u}n; . pm cfkg ?kd :ju{ hfO nfun . o'4 lj/fd xf]u}n . bËL;/0f cnfk ljnfk s/ nfun\ . 6 d]gsf sxn 6'lxg Djf/ hflQ;] d}of nU7f sn;] Djf/ dtL{ agfv k'hxf] 6 t'xf/ dgd af; s/d\ .
hAjx 7];] yf? dfl6s 3f]of{ agfv k'h nUn, cl:6DsLd s[i0f eu'Gjx cf] c6\jf/Ld ;xof]uL e]jfs -led_ k"hf s/ nUn .
VEITNAM DIRY
>L/fd rf}w/L
;lxTo kxgf{ cf] lnVgf afgL P;=Pn=;L= kl/Iff b]v km';{bs\ Aofnd;] ;'? x'O{n\ . pm Aofnd kl/Iff b]v % dlxgf;Dd l/hN6 c:of nfu k/ . oL Aofnd ax't;] pkGof;, a6\sf]xL, lhjgL cf] wfld{s u|xGys\ PS;/f cWoog s}lun\ . jxgf{ pd]/ cf] rx'gf{ hjfgLn] x'O{ w]p;] pkGof; kxgf{ d dg hfo tkm] hLjgL cf] wd{ ;F:s[lts lstfa kxgf{ km] dlxg dg nUgf d}u/ ljifo xf] .
;+3l/oGxFs l;kmfl/;df w]p/ kf]i6f kxu}{n sn;] gfd rnn\ kf]:6f cfkGx kxn\d kxu}n . cWoog s/n w]p/ kf]i6D;] d]lx{s–d]lx{s 5fk k/n x'O{ t/ Djf/ kx{n “ chd/L ufpF” sgf pkGof;df pNn]v x'O{n leotgfdL qmflGt cf] jfs/ cu'jf xf]rLldGx- xf]rL sfsf_ af/]d Djf/ lbnd u/a}7fn]xn pxfFs ls;fg x'qm sl;s rLg, hfkg cf] cGtdf cd]l/sf hl;g zlQmL;] d'lQms\ nfu sl;s n8\s b]z :jtGq ag}n sgf j6\sf]xL dgd s}nfO{n lhpF/f c; h/h]u7}n /x .
d} ;f]r' P eUjfg sl;g x'O{ leotgfd < sl;g x'xL pxfFs hgtf < Ps km\of/f pxfF k'u] k}nf;] sl;g x'O{6 <
O{R5f zflQm aNu/ x'On;] eUjfg km] ;xof]u s7{ snx c;, chd/L ufpF pkGof; kxn{s !* jif{ kf5 -!=% bzs kf5 _ Ps xKtfs nfu leotgfd e|d0f sgf{ ;fO{6 h'/n . @)^& ;fns df3 ! ut] lotgfd pgf{ cj;/ ldnn . Ps cf]/ yf?GxFs dxfg kj{ df3 cf}/{ cf}/P ldotgfd h}gf cj;/, d} bf]bfw/d kg'{ . cflv/ kfO{n cj;/ km] 5jf/ g}x'xn nsf{ksf{ ;+emfv leotgfd h}gf of]hgf ag}g' .
;'c/ dn{s lbg sf7df08f} cOg' 6 d}u/ ;+3l/of s[i0f ;j[xf/Lx kmf]g sg'{ . pm sf7df08f}d df3 dg}6L af6' s}v ;'g}n . d} sf7df08f} cfOn va/ ;'g}g' 6 ;+em\ofv l;¢fy{ xf]6nd e]6\gf ;Nnfx x'On . ;'v b'v yf/ ;flxTo cflb ljifodf ;nnfx x'On . ;+em\ofv df3;Fu dg]nL . ljxfGv afy?ddf k};f r]Kv nx}nL . dhf sfd ;'?jft lg s/;]Sn km] v/fa jfgL 5\jf/ k7f{ s}v d} ;'tL{ vfP 5f]gf{ afrf sg'{ cf] 5f]8]{g' vfP . ;j{xf/L hL sf jfrf sn{ lj;u}{n . oL jif{s dfu 8'7f] ;+3l/og\ xf]6nd dg]nL . ljxfGv !!=)) ah] kmnfO{6 /x, sl/a !)=)) xd| km6\nL pm lslt{k'/ u}n d} Po/kf]6{ .
. x'Ogf6 Djf/ ljb]z e|d0f Djf/ oL klxnf lg/x t/ nDjf h?/ /x . sf7df08f}F;] yfO Po/j]h;] yfOn]08 k'Uu}n, cf]xL /ft Po/kf]6{df af; x'On . bf];/ lbg ljxfg @)^%÷!)÷@ ut] sl/j Ps 306fs] p8fgkf5 sl/j ( jh] yfOn]08;] xGcf]O{ k'Uu}n .
;+3fl/og Po/kf]6{ ;d lnx cOn cf] a}7gf xf]6n;Dd k'u}n . xdf/ a}7gf xf]6Ns gfd /x “Clasic Hotal & Guest House” xf]6ndf k'U7LsL uf]i7L cfof]hs ;+:ys k|d'v Djf/ :jfut sn{ . :jfut sgf{ cGvfjf/ tl/sf pSjf/ EofF6 s}v s'Aa/ y'dy'DofOn .
tj xf]6ns] Dofg]h/ PS7f] em\jfnf xfts ydfOn cf] Sjf7s ;fFrf b]xn . d} pKk/ u}g', Sjf7f k}n]Og' cf] leQ/ hfv ‰ofn vf]Ng' . ‰jfnd PS7f] xf]6ns gfds o'gLkmd{ /x cf] ;ft lbgs nfs ;fj'g, d~hg, a|';, 6fj]n, rKkn, cf] cf}/ aGbf]a:tLs ;fdfg /x . jfs/ ;fyd PS7f] lgb]lz{sf /xf . lgb]{lzsfdf lnvn /x ;d"xut ?kdf sxf]/] sf}n;] t s'5 lgxf] t/ cSsflnx] b'sNn]x jfx/ u}nf;] o"lgkmd{ nufvs]n jfx/ h}gf . d+uf]ln8 cfGxjf/ x'O{n oxfFs dg} uf]x{/ cf] lhpu/ x'On;] km] g]kfnL dg}g;] l56L9\ofª cf] k'6\Sof/ ljNu6 .
Ps ;tfAbL;] w]p/ ;do afXo zflQm;] o'¢ s}v tx; gx; x'On b]z xf], leotgfd . oxFfs] k|efjzfnL sDolgi6 g]tf xf]lrlrGxs] ;kmn g]t[Tjdf qmflGt ;kmn xf]s ax't b'|t ultdf oL b]z ljsf; s/n\ ljNu6 . ofs/ cfly{s, /fhg}lts cf] ;fdlhs ljsf;s cj:yf, ljZnn]if0f cf] cWoog sgf{ oL 5f]6L ;do kSs Djf/ nfu ck'u /x . pxdf/ oxfF b\ofvn cf] cjnf]sg s/n s'5 jf6 pNn]v sgf{ k|of; sn{af6' .
;ft lblgs uf]i7Lx vfFRv ^ lbgdf lgDhfu}n . sfh]sL xd| @% ;xefuLD;] @! hgf jfx/ b]zs /nxL cf] s'5 nf}j 7fpF 3'd rxn /nxL . ;ftf} lbg k'/f d'Vo –d'Vo :yfg 3'Dgf cj;/ ldnn .
ljxfG; w':d':; ^ jh] xd| lgsnL xGcf]O ahf/ kfQ/ rb|L c; s'lx/n 5f]Kn /x . xd| “Lee Lee fusis” sgf /]i6'/]G6d l5nL{, sl/a !%)– @)) hg;Dd vfO ldNgf a/fef/L /]:6/]G6 /x . PS7f] u'Nof/ 6]j'nd 5 5 7f] s';L{ w}n /x . rxn;] kbf{n] 5]+s ldNgf /x . xd| xdf/ ufO{8 ;lxt @^ hg PSs 7fpF uªu|ofu}nL . 6]j'n /f]Hv rf/cf]+/ a}7\nL . xft–xft d]Gg' cfO{n cfkg dg k/n vfgf c8/ sgf{ /x . ;Ah c8/ snL{ . cfkg OR5f cg';f/ 6lQ3/L vfgf c8/ x'O{n . dlxg j6f s/f{k/n /f]Hgf . ufO8 dlxg ;xof]u s/n d} leotgfds :k]zn a|]8 cf] ;'l/s lzs/ “Order” sg'{ . ;Ss' hGxs Order chart ;+sng s}v xf]6n jfnL nj08L sd{rf/L xft] dfOs sGwd\d em'nfv gfd jnfO{ nfun .
oL rng j6f uha nfun . ;'c/ v}gf Ps 6]j'nd, e}; v}gf Ps 6]j'nd, uf]? v}gf Ps 6]j'nd, ;fFk v}gf Ps 6]j'n d, 5]u|L v}gf Ps 6]j'nd cf] d'uL{ vjOof Ps 6]j'ns t zfvfxf/L cfxf/ s?xof 5'§ . xdf/ 6f]nL t ltt/ ljt/ xf]u}n .
dlxg PS7f] sf]Gjs 6]j'n6/ nf}lun hxfF Ps hf]8L s'O{/]g cf] 6LGh l66 sof{ xA;L klxn a}7n /nx. xf]6ns sd{rf/L slv|d xft] dfOs r]Kv c+u|]hL efifd kl/ro s/}6L /x . oL eb| hf]8L cd]l/sg x'O6 oxfF xflgd'g dgfP cfOnjf6, oL 6Lg7f] eb| k'?if Go"lhn]08;] cfkg sn]hs ljbf dgfP cfOn x'O6 . cf]i6v Djf/ kl/ro s/fOn oL dxfzo g]kfns x'O6 dfp06 Pe/]i6 /xn b]zs PS7f] uf]i7Ld cfOn jf6 . km/s b]z, efiff, wd{, lnË, /Ë, Hof
Ps 3/L kf5 a/fef/L s7f]s sf];Ld j6f 7nun ef}/L c; /f]6L cfOn . 4f;/ sf];Le/ ;'vjf ;'l/s lzsf/ 5'65'6 8f]Sod r6\gL cf] ;Ss' hGxs cfu 67\df cf] vf]of{ . vf]o{s pk| !÷! hf]/ rk :6Ls . OR5f cg';f/ /f]6L n]nL cf] lzsf/ crf/ 8nL{ . cfu kg ;D6f]nf, :ofp, cfFk cf] cf} kmnkmns] k|]m; h'; /x .
;Ah vfP nUn . dlxg k/n d':sLn /f]6Ld, hfd l5pm, r6\gL nuv v}g] rk :6Lsn] 6'k/ – 6'k/ ;'l/s lzsf/ vfO nUn d} h'g dhf;] rk :6Ls ks| lg;]Sgf . nfhn] e'vpv x]/fOn c; nfun . xf]6nafnL nj08L glhs :6'nd a}7v lkNh 6«fO{, s}v cf6 ax}6L /x t/ d} lghGg' . d} PS7f] rDr dUg' cf] l6gf v}g' . ;'l/s lzsf/ hflQs l;sf/ xf] t/ oxfFs dg} 5fnf e/ 5f]Nv kmfFs b]7 . vfnL nfn cf] pHh/ s]n b]v k7f{, ljg 5fns .
k};f ;:tf kl/ s}v xd| ;fj{hflgs uf8L lrx'v{] ofqf sgf{ ;f]r ag{n /nxL . oxfF ax't uha lzsfO x'On . xd| l6s6 xfFt xft n]]v a;d l;pnL{ 8«fOe/s pN6fcf]/ /xn lz6d lz6 a]N6 jfFWv slv|d dfOs r]Kn Ps7f] nf}of{ 3f]if0ff stL{ /x .
;ah cfkg cfkg lz6df a}7\s ;]Sgn . pm nf}of{ c+u|]hL efifs ofqf lgb]{zg c+u|]hL efifd b]x nfun . a; O a;s ?6 oL xf], kmNgf kmNgf :6];gd cqf cqf ;dos nfu s]n ?sL . ljrd g}?sL cfkg ;fdgs h6\g cKg]x sgf{ . oL leotgfds nf]sn uf8L x'On;] km] u}n s'5 bzs;] ;+;f/s] ;lemof uf8L c; x'On af px cf];} ;+;f/s] hf}g sf]Gd;] cfOn /n;] km] xd| PSs kl/jf/ x'O6L . xd| cfh PSs kl/jf/ jg /nL, ldNv ofqf s/L s'5 ;d:of x'O6 dlxg saL . eujfg xdf/ /Iff s/xL . a; rnn xdf/ b]zd RofFRofF DofDof, 7';f7\n, snsn, ljnljn, uf8L /f]s, rf8}+ hfd u'? ;'Gns afgL oL oL rng ef/L aXof{ nfun .
Xd| w]p/ 7fpF 3'DnL, sGkm\o"l;o; ;+u|fno, ;yflgo jhf/ cf] ;d'b|s lsgf/ cf] xf]lrldGxs\ uof{ . ;A;] dlxg k|efj kf/n ls xf]lrlGx /fi6klt x'Oa]/ a}7n 3/, clkm;, eG;f cf] k':tsfno . /fi6klt xOa]/ PS7f] ul/a ls;fg sl;g 3/d a}6\7f, sf v}7f, sl;g lj;tf/d ;'6\7f, cf];g ;fwf/0f 5k|fd a}7\v zf;g rnfO{n . x'Fsfxf/ ;'tn lj;tf/f, k9n lstfj, a}7n d]r, v}gf ef8fs'8f b]Vv, ;/n lhjg cg'dfg nufO ;]ShfP . ha cf}/h eJo b/af/d a}7s nfu, x'Fsfxf/ sd/]8 x'qm cfu|x sn{g 6, dlxg lo b/jf/ cf}klga]lzs uGw cO7f d} Ps ;]s]08 a}7 lg;]sd s}v alx:sf/ sn{ /nx .
Kf5 uof{ b]vfP n}u}n . Ajfn a6\jfP g} ldNgf, kmf]6f] lvr km] g} k}gf . cFwf/ c08/ u|fp08df 8' tNxf 6/ vf6d lhl6x dg}of c; xf]lrldGxs nf; w]lun af . rf/f] sf]Gjd lh/f] jf6s] ljhnL a/n\ /x . rf/f] sf]Gjd dtL{ c; 7Xof{On rf/ l;kfxL v8f /nx . ;'g;fg Sjf7f Ps 8u/ h}gf, b\jf;/ 8u/ lkmgf{ . nf; b]V6LsL chd/L ufFps qmflGtsf/L j0f{g ;+emg' cf] jfs/ gfos s] nf; cfkg cfu b]V6LsL ;|¢fn] d} em'Sg' . Affx/s ahf/d xf]lrldGxs tl:j/ /xn 6Lg 7f] e]:6 lsGg' .
Dff3 ( ut] sl/j @=)) ah] d} sf7df08f} pqg' . Po/kf]6{d;] 3/ kmf]g sg'{ d} sflNxs ljxflgs\ a;d 3/ cOd s}v . bf]> kmf]g sg'{ s[i0f hL x . s[i0f hL sNx xf]6nd sxfF a}7\aL Djf/ Sjf7d cfO . d} x'sfxf/ Sjf7d u}g' . cf}/ yk # hgf ;+3l/oG;] dGsf dfu dg}nL . PS7f] e]:6 pkxf/ b]g' s[i0f hL x . kf7s ju{ x'sg\ h'g Djf/ pkxf/ lox 8fo/L xf] .
Alerting Freed Kamaiyas on Human Rights
Shreeram Chaudhari
Alerting Freed Kamaiyas on Human Rights
Prologue
The word Kamaiya comes from Tharu Language and entire Kamaiyas are from Tharu Communities. Tharus in the Terai of Nepal are known to have been a community dependant on agriculture for making a living. Tharu are known to mostly involve in agriculture as primary economic activity. This is an irony in a face of the fact that majority of Tharus have also been landless in recent years. Given this, a question that has drawn the attention of researchers have been whether Tharus as agriculturist did farmlands in the past or that they have always been working for the landlords. Some studies have attempted to examine this question. The historical facts and many studies corroborate the common story that Tharus re gradually alienated from their land by Pahadi and other elite with in the past hundred years. As a corollary they turned into Kamaiyas.
The decade passed away of the period of freed Kamaiya declaration but the plight of the freed Kamaiyas have going to be more chronic. In the pas there were mushrooming the issues raised of the Kamaiyas by I /NGOs and government of Nepal. At the present, most of the agencies have tired and very little interventions are alive in the Kamaiyas sectors. Such a rarely effort, I would like to dish up the snake-way of the project "Economic Empowerment & Sustainable Livelihood Program" which has been running through partnership between SPACE and AWO Germany International. This article is focused on the stories of freed Kamaiyas entertaining on human rights through economic activities.
Economic rights Vs. Human Rights
The Universal Declaration of Human Rights (UDHR) is a resolution of the General Assembly of the United Nations, which creates a high expectation that it will be taken seriously. However, a declaration does not create obligations that are technically binding in law. Nevertheless, since the Universal Declaration is so widely used as the primary statement of what are considered human rights today, it is often regarded as having legal significance and considered “customary” international law and as the authentic interpretation of the references in the UN Charter. The specific rights in the UDHR have been codified into the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). A covenant is a treaty which, under the rules of international law, creates legal obligations on all states that ratify it. Similarly, the Convention on the Rights of the Child (CRC) and Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) also are treaties that are binding on the states that ratify them. Therefore, citizens worldwide should put pressure on their governments to ratify these treaties and to abide by the obligations they set forth. The ICESCR states that each state party to the covenant should “undertake steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the Covenant, by all appropriate means, including particularly the adoption of legislative measures.” It also states that state parties must guarantee these rights without discrimination with respect to race, color, sex, language, religion, political or other opinion, and social status.
The ICESCR aims to ensure the protection of economic, social and cultural rights including: the right to self-determination of all peoples (article 1); the right to non-discrimination based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (article2); the equal right of men and women to enjoy the rights in the ICESCR (article 3); the right to work (articles 6–7); the right to form and join trade unions (article 8); the right to social security (article 9); protection and assistance to the family (article 10); the right to an adequate standard of living (article 11); the right to health (article 12); the right to education (articles 13–14); and the right to cultural freedoms (article 15).
Following article 4, States parties may, in certain circumstances, limit some rights enshrined in the Covenant; however, such limitations must be determined by law, compatible with the nature of the rights included in the Convention and imposed to promote the general welfare in a democratic society. Moreover, in keeping with article 2(1), States parties are obliged to undertake steps, in accordance with the maximum of their available resources, to progressively achieve the full realization of the rights contained in the ICESCR.
Even the adoption of the Universal Declaration on Human Rights (a non-legally binding document) in 1948, broad agreement existed that the rights which were to be enshrined in the Declaration were to be transformed into legally binding obligations through the negotiation of one or more treaties. In 1966, two separate treaties, covering almost entirely all the rights enshrined in the Universal Declaration of Human Rights were adopted after approximately 20 years of negotiations: one for civil and political rights, the International Covenant on Civil and Political Rights (ICCPR), and one for economic, social and cultural rights, the International Covenant on Economic, Social and Cultural Rights (ICESCR). The ICESCR was adopted by the United Nations General Assembly on 16 December 1966 and entered into force on 3rd January 1976.
Nepal Interim Constitution 2007, systemized the human rights in its part 3(Three) under fundamental rights from article 12 to article 32 , in which the following articles guarantee the economic, social and cultural rights.
Article 17( Education and Cultural Right) refers that; (1) Each community shall have the right to get basic education in their mother tongue as provided for in the law. (2) Every citizen shall have the right to free education from the State up to secondary level as provided for in the law. (3) Each community residing in Nepal shall have the right to preserve and promote its language, script, culture, cultural civility andheritage.
Aritcle18( Right regarding Employment and Social Security ) refers; (1) Every citizen
shall have the right to employment as provided for in the law. (2) Women, labourers, the aged, disabled as well as incapacitated and helpless citizens shall have the right to social security as provided for in the law. (3) Every citizen shall have the right to food sovereignty as provided for in the law.
Article19( Right to Property) refers; (1) Every citizen shall, subject to the laws in force,
have the right to acquire, own, sell and otherwise dispose of the property.(2) The State shall not, except in the public interest, requisition, acquire, or create any encumbrance on the property of any person. Provided that this clause shall not be applicable on property acquired through illegal means. (3) Compensation shall be provided for any property requisitioned, acquired or encumbered by the State in implementing scientific land reform program or in public interest in accordance with law. The compensation and basis thereof and operation procedure shall be as prescribed by law.
The Kamaiya Labors prohibition Act 2001also assembled and have been implementing but there is not any effective implication in Kamaiya field. It looks like formality of government and ceremonialism of activists. The Kamaiya people exactly are not entertaining throughout Act.
Fragile Situation of Kamaiyas
Bardiya is a district with a unique historical, economic, political, social and cultural identity. It is a fertile land and a major habitat of Tharus. In 1964, when the new land management system came into operation, only Tharus were settled in Bardiya, but after the eradication of malaria they started migrating from the other district and even india. At this time Tharus owned 90 per cent of all land in the district. Later, non-Tharus started migrating to the district and the government, and powerful local leaders captured land and enslaved Tharus: this is a major cause of the historical dispassion of Tharus in Bardiya. To reacquire their lands the Tharus struggled hard for years and initiated efforts at a land revolution. Gumara Tharu, leader of the farmers’ movement but not success and gradually they became landlord share cropper and wage labors, and kamaiyas as well. After change of 1990, Kamayas were a little bit aware about their rights and fought for their freedom from bounded-Slavery system.
At last Nepalese government declared freed Kamaiya on 17th July 2000. After declaration, the government placed the Kamaiyas in four categories: (1) Kamaiyas who have no land got red ID cards, (2) Kamaiyas who have no land certificate and live on public land, or eilani land, got blue ID cards, (3) Kamaiyas who have less than 677 square meters of land were categorized in a third class and (4) the last category consisted of Kamaiyas who have more than 677 square meters of land. The Kamaiyas from five districts identified in the first and second categories, i.e., with red or blue ID cards, numbered 27,570 people. The government began to distribute land to Kamaiyas with the distribution varying depending upon where the Kamaiya lived, from 339 square meters for those in urban areas to 1,693 square meters for those in rural areas. At the same time, each family was supported with 10,000 rupees (US$138) and 35 square feet of timber to build a house.
The mass medias used to broadcasted that the Kamaiyas were resettled through a systematic process, but activists and the Kamaiyas were not satisfied. The Kamaiya activists and others from non-governmental organizations (NGOs) organized different activities to respond to the government’s interventions. The information was quite confusing, which made it difficult to offer a clear explanation about the Kamaiyas’ situation for those outside of the community who had no direct encounter with the Kamaiyas.
SPACE found that the government in some cases had distributed land to Kamaiyas on riversides where there were no irrigation facilities. Their situation was quite vulnerable as there were fears of floods in the rainy season and scarcity of clean drinking water and a lack of irrigation in the summer season. The Kamaiyas had been working as wage laborers on the landlord’s fields or in their factories. Sometimes they used to work as daily labors and some as seasonal laborers.
Although government policies and programs have implemented in the areas but those are no effective. The budget for freed Kamaiyas, for instance, was so inadequate that they used to freeze during the winter every year due to ineffective implementation. Consequently, there were not effective and functional mechanisms to implement the government’s policies and programs. There are 4,652 Kamaiyas not resettled yet, according to latest official data.Civil society activists are claiming that those figures should be multiplied several times.
Moreover, the settled Kamaiyas were also not free from problems. They had been victimized by illiteracy and a general lack of education, few job alternatives, little access to government programs and insufficient local resources. In addition, they were perceived as an enemy by the people throughout the old settlements who had been occupying the lands or jungle before the Kamaiyas arrived. They did not permit the Kamaiyas to use the jungle or have access to drinking water and other local resources.
The Key aim of economic, social, and cultural rights is to guarantee people their rights as whole people. These rights are founded on a belief that we can enjoy our rights, our freedoms, and economic justice all at the same time. The emphasis the UN places on these rights. When the condition of Kamaiyas SPACE stumbled on were;
Addressing the Issues
Although poverties are a common thing faced by many people in the world. It may caused by different kinds of issue. The poverties do not reflected in term of economic requirement or shortage of money. The word poverties implied the justice; how the people enjoy the life or the quality of their life. Any human fundamental need that is not adequately satisfied reveals human poverties. It includes the need of subsistence (food, shelter, water. Etc) ,protection ,affection ,understanding ,participation ,leisure ,creation ,Identity and freedom .
SPACE found much poverty in Kamaiya settlements such as shortage food, homeless, landless, no water, lack of education, lack of health facility, different wages etc. Other wise, the cause of it were elite, different classes, caste discrimination, government policies. These are influenced by political system, economic system, social system and ideological system. Sometimes, these system are influenced each other. Such as the differentiation of caste influence the social system and political system used to judge the economic system.
The International Covenant on Economic, Social and Cultural Rights seeks to achieve and protect the most basic human rights for all people. SPACE tried to establish for Kamaiyas were the right to information the right to work, the right to form and join trade unions, the right to just and favorable working conditions, the right to an adequate standard of living, the right to the best standards of physical and mental health, the right to education, the right of self-determination, equal rights for men and women, the right to take part in cultural life
Addressing the above-mentioned issues, SPACE and Arbeiterwohlfarht International (AWO), or Workers Welfare Institution, in Germany started the community empowerment and sustainable development program in October 2009 in five village development committees (VDCs)—Motipur, Soharahwa, Deudhakala, Kalika and Dhadhawar—in Bardiya District of Nepal. The key objective of the program is that the freed Kamaiyas in these five VDCs in the district are empowered and that their sustainable livelihood is promoted. The other specific objectives are to mobilize and organize the freed Kamaiyas, squatters and Dalit communities into formal and informal community-based organizations, to enhance the employment potential of and diversify employment opportunities for these three social communities, to initiate community processes to improve their health and education and to build their capacities and information base so they can avail themselves of their entitlements and rights that are assured these marginalized people through government policies for them. By getting vocational training in several areas, such as installing hand pumps, repairing mobile phones and motorcycles, poultry farming and business planning cum entrepreneurship, hundreds of Kamaiyas have become self-employed. There are currently 1,682 Kamaiyas directly organized in 81 groups. Their total savings is 1,387,000 rupees (US$19,202), and they have been mobilizing an additional 1,250,000 rupees (US$17,306) in their own groups with low interest. They have formed a network in five VDCs, and they have been advocating for their rights.
Alerting for far future
The most important thing is that each Kamaiyas have hope for bright future. They are awaking to make deep understanding, how did they suffer by Kamaiya system? How they did lost their right over land? What are their fundamental rights? How they have been discriminating by elite or state? How they are being politically victimize? What are the roots causes of the poverty? How to get socio-cultural and economic justice? Those are basic question for their future visioning.
Now they are more united than before. They are united not only group, they are organized in cooperatives and local NGOs as well. They have started to advocate to access for local resources and were success to mobilize some local resources. They have been engaging in local issues to national and international campaigning such as education for all(EFA), 8th March, Open defecate Free(ODF) & Equal wage for equal labors. They are learning and feeling poise. They are going smart to articulate their issue. They are hard working, active in listening and having transformed their attitude gradually. All those things give sign of their awareness about their future.
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