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Haliya Advocacy Pace from bonded to freed Yadu Lal Shrestha Human Rights Advocacy Coordinator LWF Nepal “UPHOLD THE RIGHT OF THE POOR AND OPPRESSED” THE.

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Presentation on theme: "Haliya Advocacy Pace from bonded to freed Yadu Lal Shrestha Human Rights Advocacy Coordinator LWF Nepal “UPHOLD THE RIGHT OF THE POOR AND OPPRESSED” THE."— Presentation transcript:

1 Haliya Advocacy Pace from bonded to freed Yadu Lal Shrestha Human Rights Advocacy Coordinator LWF Nepal “UPHOLD THE RIGHT OF THE POOR AND OPPRESSED” THE LUTHERAN WORLD FEDERATION - NEPAL

2 Presentation Frame SNParticularSlides 1Definition, Types, Case and causes3 - 17 2National and international human rights instruments against bonded labor 18 - 20 3Haliya Advocacy – strategies and actions 21 - 29 4Haliya Advocacy - Photographs30 - 41 5Haliya Advocacy – chronology of LWF Nepal contribution 42 - 53 6Haliya Advocacy – Results, voices and challenges 54 - 62 2 LWFN/HRAC/HA 03 - 10

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

4 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. 5 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 6 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 7 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) 8 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 9 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) 10 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 11

12 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. Hari Devi (IDI Findings) 12 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 13 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. 14 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 15 LWFN/HRAC/HA 03 - 10

16 Causes that leads to Haliya 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 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 Focus Group Discussion 2004 16LWFN/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 17

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 19 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 20 LWFN/HRAC/HA 03 - 10

21 Haliya Advocacy Strategies and Actions

22 Strategies 1.Education 2.Organization 3.Cooperation 4.Litigation 5.Persuasion 6.Confrontation 22 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 23 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 24 LWFN/HRAC/HA 03 - 10

25 Structure of RHMSF DHMS EC (7) Haliya HHs 4219 (up to Dec, 2009) RHMSF EC RHMSF General Assembly Groups (257) DHMS General Assembly Group Assembly Group Representatives DHMS Representatives Group Representatives DHMS Representatives 2 from each group 2 from each group 7 from each DHMS 7 from each DHMS 25 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 26 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 27 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 28 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 29 LWFN/HRAC/HA 03 - 10

30 Haliya Advocacy Photographs

31 31 LWFN/HRAC/HA 03 - 10

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

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

34 Haliya Activists from seven Districts in Kathmandu for final advocacy movement 08 34 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 35 LWFN/HRAC/HA 03 - 10

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

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

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

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

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

41 A five point agreement reached between the government and Haliya federation 1.Formally abolish the Haliya system and scrap the loan transferred to them from generations to generations. 2.Form a nine member working committee to concretely act upon 11 points demand forwarded by Haliya. 3.Being positive towards 11 point agreement, implement the report submitted by the working committee. 4.Arrange for peace and security to tackle possible vulnerability and caste based discrimination of Haliyas in course of the free Haliya movement. 5.Call off all the strikes programs being carried out by RHMF LWFN/HRAC/HA 03 - 10 41

42 Haliya Advocacy Event Chronology

43 2003 MarchIdentification of Haliya Issue under Dalit Empowerment Project (2002) MarchHaliya Activist Training Apr - OctLWF Nepal staff visited the Haliya community in Darchula, Dadeldhura, Baitadi, Doti and developed a concept note for Haliya Advocacy Nov - DecDeveloped Survey format, Started to Haliya Survey in 7 districts 43 LWFN/HRAC/HA 03 - 10

44 Jan - JulHaliya Survey, Community campaign Mar - JunHuman Rights and Legal Rights Education Feb - NovGroup formation, Request meeting, Legal education program, sanitation campaign, Campaign against Sino (Caracas) Pratha, Activist training, Campaign to enter into public places at community level, District Level Interaction and Campaign Apr - MayNNDSWO (partner organization) filed the case in Supreme court and National Human Rights Commission (NHRC) Aug - DecCase filed by Haliya against Landlord in District Administration Office (DAO) DecRegional Haliya Campaign in Dhangadhi on the occasion of Human Rights day 2004 44 LWFN/HRAC/HA 03 - 10

45 2005 Jan - DecCommunity Level: Group formation, Human Rights and Legal Rights education, saving and credit, seed money support, school enrollment campaign, sanitation campaign, Campaign against Sino Pratha (a system where people are made to eat dead animals like cow and bull), request meeting, District Level: Legal counseling centre, Activist training, Campaign to enter in public places, poster publication and dissemination, District Level Interaction/public hearing/ rally, Case filed by Haliya against Landlord in DAO Feb - MayNational Level: Publication of survey report (with 2174 HHs sample survey), Advocacy handbook developed for activist, Mahakali - Kathmandu level campaign 45 LWFN/HRAC/HA 03 - 10

46 Jan - DecCommunity Level: Human Rights and Legal Rights education school enrollment, Group formation, sanitation campaign, Campaign against Sino Pratha, enter in public places, Request meeting District Level: DHMS Formation, Activist training, Organization and Advocacy Training to DHMS EC, Legal counseling centre, Interaction with stakeholders, public hearing, rally, Case file National level: poster publication and dissemination, Participation in People SAARC, Meet the press, Lobbying visit 2006 46 LWFN/HRAC/HA 03 - 10

47 2007 Jan - DecCommunity level: Group Formation, Legal education, Saving and credit, Seed money support, request meeting, rally, Interaction District level: DHMS registration in Doti and Kailali. CARE Nepal initiated to support Doti DHMS, Stakeholders interaction, Rally, Dharna in front of DAO National Level: Formation of RHMSF, Supreme Court mandamus in favor of Haliya, RHMSF Developed Strategic plan 47 LWFN/HRAC/HA 03 - 10

48 Jan - MarGroup/DHMS/RHMSF organizational assessment and partnership agreement with RHMSF MarProgram evaluated by Finn Church Aid evaluation team Apr - JunGroup formation, Group assembly, DHMS assembly, RHMSF assembly, Community campaigns, District campaigns Jul - AugDistrict level movement in 7 districts for freedom and rehabilitation. All district succeed to made agreement in local level 17 AugReflection of movement and prepared action plan for national level movement 2008 48 LWFN/HRAC/HA 03 - 10

49 2008 24 AugMeeting (NNDSWO, LWF Nepal, Constitutional Assembly members, RHMSF) in NNDSWO office, Kathmandu and published commitment of political parties in Nepali Manch (magazine) 26 Aug60 Haliyas from 7 districts arrived in Kathmandu 27 AugPress conference on Haliya movement 28 Aug - 5 Sep Indefinite sit in at Maitighar Mandela. Solidarity developed. Bilateral and multi lateral meetings. 5 Sep5 points agreement with Government. 49 LWFN/HRAC/HA 03 - 10

50 2008 6 SepGovernment declared Haliya free and formed 9 members task force to suggest for rehabilitation 10 SepAnnounced Government’s policy and program 08/09 - point 38 addressed the haliya rehabilitation 25 SepStakeholders meeting organized by Freed Haliya survey committee in Ministry of Peace and Restructure (MoPR) 26 SepReport prepared by task force and handed over to Peace and Restructure Minister and formed Freed Haliya Survey Committee (FHSC) 1 OctImplementation of Freed Haliya and Kamaiya Empowerment Project (FHKEP) supported by Finn Church Aid (FCA), Finland 50 LWFN/HRAC/HA 03 - 10

51 2009 Jan - FebRegional level orientation and survey 5 MarRHMSF handed over an appeal to chairperson of the constitution drafting committee Mr. Madhav Kumar Nepal on the occasion of his visit in Dadeldhura. May - JunFreed Haliya situation assessment 16 JulyHaliya survey progress assessment meeting with MoPR, RHMSF, LWF Nepal, OHCHR, UNFPA, WFP, UNICEF and UN regional office 28 Aug, 6 Nov, 22 Oct, 4 Dec, Freed Haliya Concern Group (FHCG) rational meeting in LWF Nepal, CARE Nepal, ILO and OHCHR offices 51 LWFN/HRAC/HA 03 - 10

52 2009 6 AugCelebrated liberation day in districts and Kathmandu DecPublished a report on Freed Haliya situation after freed and disseminate widely (District to national level stakeholders) Lobbying visit in National Planning Commission and Office of the Prime Minister Support to freed Haliya survey 52 LWFN/HRAC/HA 03 - 10

53 2010 29 Mar 1 July Regional and National level consultation workshop on freed Haliya draft bill organized by Ministry of Land Reform and Management (MoLRM) 28 JulyMoLRM formed a national level consultation workshop organizing committee on National Plan of Action against Bonded Labor (NPA BL) 30 July, 3, 6, 10, 16 Aug Preparation and reflection meetings of national level consultation workshop organizing committee on NPA BL 11 AugNational consultation Workshop on NPA BL in Kathmandu 53 LWFN/HRAC/HA 03 - 10

54 Haliya Advocacy Outcome and Voices

55 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 55 LWFN/HRAC/HA 03 - 10

56 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. 56 LWFN/HRAC/HA 03 - 10

57 Haliya Survey report SNDistrictHaliya HHs SNDistrictHaliya HHs 1Kanchanpur2,68910Surkhet832 2Dadeldhura2,63411Humla1600 3Baitadi3,16112JumlaN/A 4Darchula47613DailekhN/A 5Kailali15014KalikotN/A 6Doti1,25415JajarkotN/A 7Bajhang2,84816SalyanN/A 8Bajura1,73717BardiyaN/A 9Aachham42718BankeN/A TotalFar west15,376TotalMid west2432 G. Total17,808 57 LWFN/HRAC/HA 03 - 10

58 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) 58 LWFN/HRAC/HA 03 - 10

59 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. 59 LWFN/HRAC/HA 03 - 10

60 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. 60 LWFN/HRAC/HA 03 - 10

61 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. 61 LWFN/HRAC/HA 03 - 10

62 Thank You ! If you have any comment and suggestion, please write to LWFN/HRAC/HA 03 - 10 62

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