Haliya Advocacy Pace from bonded to freed

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Haliya AdvocacyPace from bonded to freed

• Yadu Lal Shrestha
• Human Rights Advocacy Coordinator
• LWF Nepal

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Presentation Frame
SN Particular Slides
1 Definition, Types, Case and causes 3 - 17
2 National and international human rights instruments against bonded labor 18 - 20
3 Haliya Advocacy strategies and actions 21 - 29
4 Haliya Advocacy - Photographs 30 - 41
5 Haliya Advocacy chronology of LWF Nepal contribution 42 - 53
6 Haliya Advocacy Results , voices and challenges 54 - 62
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Haliya Bonded Labor (Definition, Types, Case
and causes)
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(No Transcript)
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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.

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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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• 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, 19846

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• 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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• 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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• 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 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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• 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

• 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

• 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

• 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
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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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National and international human rights
instruments against bonded labor
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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

• 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

• Strategies and Actions

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Strategies

1. Education
2. Organization
3. Cooperation
4. Litigation
5. Persuasion
6. Confrontation

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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

• 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

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Structure of RHMSF
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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

• 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

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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

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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

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Haliya Advocacy

• Photographs

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(No Transcript)
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District movement in Dadeldhura - 06
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District Movement in Kanchanpur - 08
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Haliya Activists from seven Districts in
Kathmandu for final advocacy movement 08
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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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A Haliya From Darchula addressing in Reporters
Club in Kathmandu in 2005
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Commitment of Different Political Parties
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Solidarity and support Chair person - NNDSWO,
HRAC - LWF Nepal with campaigner in Maitighar
Mandela 08
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Constitutional Assembly members with Haliya
campaigner in Maitighar Mandela, Kathmandu 08
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Activists of RHMSF in front of 11 points demand
banner in Maitighar Mandela, Kathmandu 08
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• 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 Advocacy

• Event Chronology

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2003
March Identification of Haliya Issue under Dalit Empowerment Project (2002)
March Haliya Activist Training
Apr - Oct LWF Nepal staff visited the Haliya community in Darchula, Dadeldhura, Baitadi, Doti and developed a concept note for Haliya Advocacy
Nov - Dec Developed Survey format, Started to Haliya Survey in 7 districts
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2004
Jan - Jul Haliya Survey, Community campaign
Mar - Jun Human Rights and Legal Rights Education
Feb - Nov Group 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 - May NNDSWO (partner organization) filed the case in Supreme court and National Human Rights Commission (NHRC)
Aug - Dec Case filed by Haliya against Landlord in District Administration Office (DAO)
Dec Regional Haliya Campaign in Dhangadhi on the occasion of Human Rights day
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2005
Jan - Dec Community 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 - May National Level Publication of survey report (with 2174 HHs sample survey), Advocacy handbook developed for activist, Mahakali - Kathmandu level campaign
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2006
Jan - Dec Community 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
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2007
Jan - Dec Community 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
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2008
Jan - Mar Group/DHMS/RHMSF organizational assessment and partnership agreement with RHMSF
Mar Program evaluated by Finn Church Aid evaluation team
Apr - Jun Group formation, Group assembly, DHMS assembly, RHMSF assembly, Community campaigns, District campaigns
Jul - Aug District level movement in 7 districts for freedom and rehabilitation. All district succeed to made agreement in local level
17 Aug Reflection of movement and prepared action plan for national level movement
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2008
24 Aug Meeting (NNDSWO, LWF Nepal, Constitutional Assembly members, RHMSF) in NNDSWO office, Kathmandu and published commitment of political parties in Nepali Manch (magazine)
26 Aug 60 Haliyas from 7 districts arrived in Kathmandu
27 Aug Press conference on Haliya movement
28 Aug - 5 Sep Indefinite sit in at Maitighar Mandela. Solidarity developed. Bilateral and multi lateral meetings.
5 Sep 5 points agreement with Government.
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2008
6 Sep Government declared Haliya free and formed 9 members task force to suggest for rehabilitation
10 Sep Announced Governments policy and program 08/09 - point 38 addressed the haliya rehabilitation
25 Sep Stakeholders meeting organized by Freed Haliya survey committee in Ministry of Peace and Restructure (MoPR)
26 Sep Report prepared by task force and handed over to Peace and Restructure Minister and formed Freed Haliya Survey Committee (FHSC)
1 Oct Implementation of Freed Haliya and Kamaiya Empowerment Project (FHKEP) supported by Finn Church Aid (FCA), Finland
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2009
Jan - Feb Regional level orientation and survey
5 Mar RHMSF handed over an appeal to chairperson of the constitution drafting committee Mr. Madhav Kumar Nepal on the occasion of his visit in Dadeldhura.
May - Jun Freed Haliya situation assessment
16 July Haliya 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
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2009
6 Aug Celebrated liberation day in districts and Kathmandu
Dec Published 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
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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 July MoLRM 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 Aug National consultation Workshop on NPA BL in Kathmandu
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Haliya Advocacy

• Outcome and Voices

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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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• 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.

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Haliya Survey report
SN District Haliya HHs SN District Haliya HHs
1 Kanchanpur 2,689 10 Surkhet 832
2 Dadeldhura 2,634 11 Humla 1600
3 Baitadi 3,161 12 Jumla N/A
4 Darchula 476 13 Dailekh N/A
5 Kailali 150 14 Kalikot N/A
6 Doti 1,254 15 Jajarkot N/A
7 Bajhang 2,848 16 Salyan N/A
8 Bajura 1,737 17 Bardiya N/A
9 Aachham 427 18 Banke N/A
Total Far west 15,376 Total Mid west 2432
G. Total 17,808 17,808 17,808 17,808 17,808
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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)

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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.

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• 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.

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• 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.

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Thank You !

• If you have any comment and suggestion, please
  write to
• hrac_at_lwf.org.np