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“UPHOLD THE RIGHT OF THE POOR AND OPPRESSED”. THE LUTHERAN WORLD FEDERATION - NEPAL. Haliya Advocacy Pace from bonded to freed. Yadu Lal Shrestha Human Rights Advocacy Coordinator LWF Nepal. Presentation Frame. Haliya – Bonded Labor (Definition, Types, Case and causes). Haliya Pratha.

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haliya advocacy pace from bonded to freed

“UPHOLD THE RIGHT OF THE POOR AND OPPRESSED”

THE LUTHERAN WORLD FEDERATION - NEPAL

Haliya AdvocacyPace from bonded to freed

YaduLalShrestha

Human Rights Advocacy Coordinator

LWF Nepal

presentation frame
Presentation Frame

LWFN/HRAC/HA 03 - 10

haliya pratha
Haliya Pratha

The Haliya, which literally means “one who tills land” are enslaved within a system of bonded labor, and are forced by a landlord or master to execute various hard labor duties (usually agriculture) for many years, often for lifetime and or generations. Haliyas are forced to till land in order to pay an interest of the debt, and are often held captive with their entire families.

LWFN/HRAC/HA 03 - 10

haliya pratha1
Haliya Pratha

Haliya Pratha (System) is an agrarian bonded labor. Haliyas or bonded labor are people who take loan from landlords (money lenders) at exorbitant interest rate. While they must pay back the principal, they and their family are required to pay in labor and services against interest. They remain ploughman and their family remains bonded labor until the complete loan is repaid which is as difficult as of a deadly swamp.

A brief report on causes and concern of Haliya Pratha, 2003, LWF Nepal concept note

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slide7

A person working in the fields for a land owner, looking after his animals and doing other agricultural works in landlords’ fields and in his household chores, incessantly either taking or not taking loans from the land owner, can be considered a bonded labor

Ministry of Labor and Social Welfare,

GoN, 1984:6

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slide8
Debt bondage

A person enters debt bondage when his/her labor is demanded as a means of repayment of a loan, or of money given in advance. Usually, people are tricked or trapped into working for no pay or very little pay, in conditions which violate their human rights. Invariably, the value of the work done by a bonded laborer is greater than the original sum of money borrowed in advance. It took root in the caste system, and flourished in feudal agricultural relationships.

(Extracted from “Debt Bondage- Slavery Around the World”. Development, Peace and Anti-Slavery International, 1999)

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The term forced or compulsory labor shall mean all work or service, which is exacted, from any person under the menace of any penalty and for which the sais person has not offered himself voluntarily.

Forced labor convention, 1930 article 2.i

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slide10

The term (bonded labor) refers to a worker who rendered service under condition of bondage arising from economic condition, notably indebtedness through a loan or an advance. Where debt is the root cause of bondage, the implication is that the worker (or dependents or heirs) is tied to a particular creditor for a specified or unspecified period until the loan is repaid.

ILO report on Stoping Forced Labor (2001)

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slide11

2a. Kamaiya labor dafines as labor or service to work for their master with no wage or low wages in following reason:

  • To repay principle and interest of loan taken by him/herself or family members.
  • To repay principle and interest of loan taken by forefathers
  • To repay loan of Kamaiya labor as bail

2b. Kamaiya labor defines as Bhainsbar, Gaibar, Bardibar, Chhekarawa, Haruwa, Charuwa, Hali, Gothalo, Kamlahari, or person who works in similar terms and condition as Kamaiya labor.

Kamaiya Labor Prohibition Act 2001

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hari devi idi findings
Hari Devi (IDI Findings)
  • Hari Devi is a widow whose husband died when their only son, Dami Ram Lohar, was just 15 years old. Dami Ram has been working for Ganesh Bahadur Chand, their landlord and a resident of ward no. 4 of Jutali VDC, Baitadi, for the last ten years in order to pay off the loan amounting to Rs. 1000.
  • Since the death of her husband, the economic condition in her family deteriorated, and Hari Devi had to force her son to give up his study and work for Ganesh Bahadur. Dami Ram was studying in Grade 4 then.
  • The loan amount was obtained in 2052 BS as Hari Devi had to fend off for her family of five, her 2 married daughters, 1 granddaughter, Dami Ram and herself.

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slide13
During the peak times, Dami Ram has to work for hours at a stretch and his wife, too, has to accompany him to work if the load is great. They spend their nights in the cow shed as they are not allowed inside the house of their landlord. Even though they work very hard to eke out a living, this family is only given food and shelter but never paid in cash for their hard and laborious efforts.
  • Hari Devi is quite worried about her son as she reports that her son is not physically fit to carry on the agriculture work for long. But the dilemma is that her son has to work to pay back the loan and they have no land of their own to obtain livelihood from.
  • Like most haliyas, Hari Devi and her family are also not aware of the new legal provisions and are thus forced to succumb to the whims of their landlord.

- Haliya Research Report,2003/4

LWF Nepal/NNDSWO

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types of haliya
Types of Haliya
  • Debt bondage: Haliyas who have taken loan from landlord and work lieu of interest in each agricultural season from seeding to harvest of the crop.
  • Bondage by land: Haliyas are obliged to work in lieu of land taken from landlords. Under this system, landlords provide small piece of land to the Haliya family for shelter and cultivation. Most of the landless Haliyas are under this category.
  • Bondage by tradition: Haliyas under this category are working in lieu of interest of loan or land taken by their forefathers or following their forefathers without loan or land.

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districts where haliya system exist
Districts where Haliya System exist

Far West Development

Region:

  • Kanchanpur,
  • Kailali
  • Dadeldhura,
  • Baitadi,
  • Darchula,
  • Bajhang,
  • Bajura
  • Doti, and
  • Aachham
  • Mid West
  • Development Region:
  • Kalikot
  • Dailekh
  • Surkhet
  • Jumla
  • Humla
  • Bardiya
  • Jajarkot
  • Salyan
  • Banke

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causes that leads to haliya
Causes that leads to Haliya
  • High population growth rate
  • Poor economic condition
  • Believe on tradition/superstition
  • Unaware on state of law and order
  • Lack of access in decision making forum.
  • Displacement from traditional skill/Lack of modernization of skill
  • Discrimination
  • Lack of self confidence
  • Lack of education
  • High interest rate
  • High labor exploitation
  • Unaware on their right
  • Lack of land-ownership
  • Lack of access to employment opportunity
  • Voiceless/lack of solidarity

Focus Group Discussion 2004

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status of haliya
Status of Haliya
  • Projected households – 25,000
  • Surveyed households – 17,808
  • Education – Illiterate 79%, Literate 13%, High school education – 7% and Higher secondary – 1%
  • Landless families – 60% and families with register land – 40%

FHKEP HHs survey report (6010HHs)

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international instrument against haliya system
International Instrument against Haliya System
  • Slavery convention – 1926
  • Universal Declaration of Human Rights (UDHR) - 1948
  • International Covenant on Civil and Political Rights (ICCPR) - 1966
  • International Covenant on Economic, Social and Cultural Rights (ICESCR) - 1966

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national instruments against haliya system
National Instruments against Haliya System
  • Citizen act - 1955
  • Civil code - 1962
  • Kamiya labor prohibition act 2001
  • Comprehensive Peace Accord 2006
  • Interim Constitution 2007
  • Supreme Court Mandamus 2007

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haliya advocacy

Haliya Advocacy

Strategies and Actions

strategies
Strategies
  • Education
  • Organization
  • Cooperation
  • Litigation
  • Persuasion
  • Confrontation

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1 education
1. Education
  • Self – Issue identification, Internalization within organization, Community visit, Concept note, Research and report
  • Activist – Training, workshop, counseling, coaching, reference materials, advocacy handbook, booklets
  • Community (Haliya as right holders and other) - Community campaign, request meeting, Poster, Radio program, Television spot and episode, Legal education, Human rights education, Media report, Handbill, booklets, Counseling centre
  • Duty bearer – Submission of report, Interaction, workshop, public hearing, Lobbying visit, Commitment collection and published, Media interview, Media report, Handbill, Booklets, Press conference

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2 organization
2. Organization
  • Critical awareness
  • HHs organized in group in cluster level
  • Cluster level group federated in 7 Districts (Bajhang, Bajura, Doti, Kanchanpur, Dadeldhura, Baitadi and Darchula) Haliya Mukti Samaj (DHMS).
  • 7 DHMS affiliated in Rastriya Haliya Mukti Samaj Federation (RHMSF)
  • Coordination/linkage with stakeholders

LWFN/HRAC/HA 03 - 10

structure of rhmsf

RHMSF General Assembly

7 from each

DHMS

7 from each

DHMS

RHMSF EC

DHMS General Assembly

DHMS Representatives

DHMS Representatives

2 from each

group

2 from each

group

DHMS EC (7)

Group Assembly

Group Representatives

Group Representatives

Groups (257)

Haliya HHs 4219 (up to Dec, 2009)

Structure of RHMSF

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3 cooperation
3. Cooperation
  • Research report shared with stakeholders
  • Meeting
  • Interaction/workshop
  • Collaboration in district level
  • Networking – Freed Haliya Concern Group (FHCG)
  • Collective efforts

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4 litigation
4. Litigation
  • Appeal to Chief District Officer (CDO), National Human Rights Commission (NHRC) and Prime Minister office.
  • Case file in CDO offices
  • Case file in NHRC
  • Case file in Supreme Court
  • Appeal to OHCHR

LWFN/HRAC/HA 03 - 10

5 persuasion
5. Persuasion
  • Signature campaign
  • Coordination meeting
  • Political parties
  • National Human Rights Commission, Supreme Court, OHCHR
  • National NGO – NNDSWO, DWO, FEDO, RDN, DNF, Other civil society organization
  • Member of Parliament/Constitutional Assembly Members
  • Media campaign – print and electronic

LWFN/HRAC/HA 03 - 10

6 pressure creation
6. Pressure creation
  • Rally – local to national level
  • District level interaction and campaign
  • Sit in front of CDOs office in 7 districts
  • Regional campaigns
  • Mahakali – Kathmandu campaign
  • Press conference
  • Indefinite Dharna (sit in protest) in Kathmandu
  • Media campaign

LWFN/HRAC/HA 03 - 10

haliya advocacy1

Haliya Advocacy

Photographs

slide32
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District movement in Dadeldhura - 06

slide33
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District Movement in Kanchanpur - 08

slide34

Haliya Activists from seven Districts in Kathmandu

for final advocacy movement 08

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slide35

Dalit Leaders in an Interaction program organized by NNDSWO and

Supported by LWF Nepal at Reporters Club in Kathmandu in 2006

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slide36

A Haliya From Darchula addressing in Reporters

Club in Kathmandu in 2005

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slide38

Solidarity and support ; Chair person - NNDSWO, HRAC - LWF Nepal

with campaigner in Maitighar Mandela 08

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slide39

Constitutional Assembly members with

Haliya campaigner in Maitighar Mandela, Kathmandu 08

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slide40

Activists of RHMSF in front of 11 points demand banner

in Maitighar Mandela, Kathmandu 08

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slide41

A five point agreement reached between the government and Haliya federation

  • Formally abolish the Haliya system and scrap the loan transferred to them from generations to generations.
  • Form a nine member working committee to concretely act upon 11 points demand forwarded by Haliya.
  • Being positive towards 11 point agreement, implement the report submitted by the working committee.
  • Arrange for peace and security to tackle possible vulnerability and caste based discrimination of Haliyas in course of the free Haliya movement.
  • Call off all the strikes programs being carried out by RHMF

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haliya advocacy2

Haliya Advocacy

Event Chronology

slide43
2003

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slide44
2004

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slide45
2005

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slide46
2006

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slide47
2007

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slide48
2008

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slide49
2008

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slide50
2008

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slide51
2009

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slide52
2009

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slide53
2010

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haliya advocacy3

Haliya Advocacy

Outcome and Voices

results
Results
  • 211 Haliya won the cases and freed from DAO and 77 Haliya freed by landlord based on bilateral negotiation in different districts before declaration
  • Supreme Court mandamus to rehabilitation for the Haliya
  • 5 points agreement done by government with RHMSF on 5 September 2008
  • Declare freed to Haliya on 6 September 2008
  • Projected 25,000 Haliya families were freed from their debt Nrs 8,500 (USD 113) in an average.
  • MoPR formed a survey committee to identify the Haliya in mid and far west regions.
  • MoLRM drafted a bill on Haliya rehabilitation

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slide56

4219 HHs organized in 257 groups in cluster level in 7 districts of far west region.

  • 257 groups are organized in 7 district level network organization (District Haliya Mukti Samaj – DHMS)
  • 7 DHMS federated in Rastriya Haliya Mukti Samaj Mahasangh (RHMSF - National Haliya Liberation Society Federation).
  • MoPR collected 17,808 Haliyas survey format.
  • Haliyas were freed to choice their livelihood options for the future.

LWFN/HRAC/HA 03 - 10

haliya survey report
Haliya Survey report

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voices of haliya and their families after freed
Voices of Haliya and their families after freed
  • “I am doing just fine. The Haliya Advocacy program freed me and has proven to be a blessing for me.”

– Dammer Koli

  • "It\'s been two years since I filed the complaint and started living a free man\'s life,"

– Nani Ram Bhul

  • “Now and onwards my husband is mine”
  • Parbati Parki

(A Freed Haliya wife)

LWFN/HRAC/HA 03 - 10

challenges
Challenges
  • Political instability – Nepal is under transformation and political parties are engaged in national political agendas. However, they are busy with power struggle rather than addressing socio economic issues. The local government is malfunctionin. This has limited the access of individual Haliya to government mechanism.
  • Deep rooted system – Haliya system is associate with feudal agrarian production relation as well as caste discrimination from centuries. It is difficult to change mindsets of both – Haliyas and Landowners.

LWFN/HRAC/HA 03 - 10

slide60

Marginalization – Haliya system is existing basically in mid and far west hills, which are underdeveloped, scattered and isolated from mainstream development. Amongst that most of the Haliyas are from Dalit community. So Haliya is one of the most marginalized chunk of the society.

  • Delay in survey have had a knock on effect delaying other rehabilitation program from the Government.
  • Government of Nepal allocated budget in 2008 and 2009 but could not implement any activities for the Haliya due to lack of policy & mechanism.

LWFN/HRAC/HA 03 - 10

slide61

FHKEP coverage is only around 4,200 freed Haliya families in 7 districts. Larger section of freed Haliya is not covered by the program.

  • It is observed that the gap of protection policy, non implementation of the agreed points by government, need and resources creating frustration amongst freed Haliya.

LWFN/HRAC/HA 03 - 10

thank you
Thank You !

If you have any comment and suggestion, please write to

[email protected]

LWFN/HRAC/HA 03 - 10

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