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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 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

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  1. “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

  2. Presentation Frame LWFN/HRAC/HA 03 - 10

  3. Haliya – Bonded Labor (Definition, Types, Case and causes)

  4. LWFN/HRAC/HA 03 - 10

  5. 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

  6. 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 LWFN/HRAC/HA 03 - 10

  7. 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 LWFN/HRAC/HA 03 - 10

  8. 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) LWFN/HRAC/HA 03 - 10

  9. 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 LWFN/HRAC/HA 03 - 10

  10. 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) LWFN/HRAC/HA 03 - 10

  11. 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 LWFN/HRAC/HA 03 - 10

  12. 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. LWFN/HRAC/HA 03 - 10

  13. 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 LWFN/HRAC/HA 03 - 10

  14. 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. LWFN/HRAC/HA 03 - 10

  15. 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 LWFN/HRAC/HA 03 - 10

  16. 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 LWFN/HRAC/HA 03 - 10

  17. 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) LWFN/HRAC/HA 03 - 10

  18. National and international human rights instruments against bonded labor

  19. 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 LWFN/HRAC/HA 03 - 10

  20. 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 LWFN/HRAC/HA 03 - 10

  21. Haliya Advocacy Strategies and Actions

  22. Strategies • Education • Organization • Cooperation • Litigation • Persuasion • Confrontation LWFN/HRAC/HA 03 - 10

  23. 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 LWFN/HRAC/HA 03 - 10

  24. 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

  25. 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 LWFN/HRAC/HA 03 - 10

  26. 3. Cooperation • Research report shared with stakeholders • Meeting • Interaction/workshop • Collaboration in district level • Networking – Freed Haliya Concern Group (FHCG) • Collective efforts LWFN/HRAC/HA 03 - 10

  27. 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

  28. 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

  29. 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

  30. Haliya Advocacy Photographs

  31. LWFN/HRAC/HA 03 - 10

  32. LWFN/HRAC/HA 03 - 10 District movement in Dadeldhura - 06

  33. LWFN/HRAC/HA 03 - 10 District Movement in Kanchanpur - 08

  34. Haliya Activists from seven Districts in Kathmandu for final advocacy movement 08 LWFN/HRAC/HA 03 - 10

  35. Dalit Leaders in an Interaction program organized by NNDSWO and Supported by LWF Nepal at Reporters Club in Kathmandu in 2006 LWFN/HRAC/HA 03 - 10

  36. A Haliya From Darchula addressing in Reporters Club in Kathmandu in 2005 LWFN/HRAC/HA 03 - 10

  37. Commitment of Different Political Parties LWFN/HRAC/HA 03 - 10

  38. Solidarity and support ; Chair person - NNDSWO, HRAC - LWF Nepal with campaigner in Maitighar Mandela 08 LWFN/HRAC/HA 03 - 10

  39. Constitutional Assembly members with Haliya campaigner in Maitighar Mandela, Kathmandu 08 LWFN/HRAC/HA 03 - 10

  40. Activists of RHMSF in front of 11 points demand banner in Maitighar Mandela, Kathmandu 08 LWFN/HRAC/HA 03 - 10

  41. 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 LWFN/HRAC/HA 03 - 10

  42. Haliya Advocacy Event Chronology

  43. 2003 LWFN/HRAC/HA 03 - 10

  44. 2004 LWFN/HRAC/HA 03 - 10

  45. 2005 LWFN/HRAC/HA 03 - 10

  46. 2006 LWFN/HRAC/HA 03 - 10

  47. 2007 LWFN/HRAC/HA 03 - 10

  48. 2008 LWFN/HRAC/HA 03 - 10

  49. 2008 LWFN/HRAC/HA 03 - 10

  50. 2008 LWFN/HRAC/HA 03 - 10

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