Kamaiya Emancipation: From the beginning to the present

-Jyotilal Ban

Though it has been two years since the government declared the Kamaiya free, the freed Kamaiyas are still in a miserable condition. The objective of this article is to present the facts regarding the endeavors made for emancipation of the Kamaiyas, the hardship being faced by the freed Kamaiyas, the activities being carried out to rehabilitate the freed Kamaiyas and to propose a solution to the problem.

1) Background of the Kamaiya Movement

Kamaiya system had existed for long in the mid-western and far-western parts of the terai region of Nepal especially in Dang, Banke, Bardia, Kailali and Kanchanpur districts. In the Kamaiya system, laborers were treated as bonded and forced to work for their landlords. In the past, some courageous Kamaiyas rose in revolt against their tyrant landlords but their revolt could not make to any books of record. In fact, the Kamaiya revolts including the Tikkar-Kanda (Tikkar revolt) at Rajapur of Bardia and the Kanra Movement (that broke out during different times before 2048 B.S.) were not initiated with the explicit objective of putting an end to the Kamaiya System. They were the outbursts of protest against the inhumane treatment meted out by the cruel landlords to their Kamaiyas. The Kamaiyas rose in revolt to put pressure on the landlords to grant some facilities to their Kamaiyas. Many of those revolts came to an end without any success in meeting the objective. Moreover, no political party ever cooperated with the Kamaiyas to put an end to the Kamaiya system.

2) Reform efforts

After the restoration of democracy in 1990 Kamaiya system became a subject of public concern. A study conducted by INSEC (an NGO) about two years after the restoration of democracy revealed the existence of bonded labor in the name of Kamaiya system. Only then did the Kamaiya system become a subject of public discussion within the country and abroad. Later, INSEC lodged a writ petition with the Supreme Court demanding a mandamus to put an end to the Kamaiya system but the court handed out a verdict stating that there was no need to issue the writ of mandamus in this case. Then the matter was left as it was. Meanwhile, the Government made some efforts towards mitigating this problem. AS part these efforts data of the Kamaiyas was collected and programs were carried out to help the Kamaiyas get alternative employment by providing them training. The programs were carried out through the Land Reform Office. NGOs also conducted programs like literacy program, awareness raising program, skill oriented training and income generating activities for the Kamaiyas and their families in cooperation with various donor agencies. Also the General Federation of Nepalese Trade Unions encouraged the Kamaiyas to unite and fight for their freedom. The Federation itself initiated 'Appeal Movement' calling upon the landlords to free their Kamaiyas. However, the 'Appeal Movement' failed to bring any encouraging results. In course of making efforts to put an end to the Kamaiya system, the Kamaiya Concern Group was set up. The Group consisted of the NGOs, INGOs and GFONT and it was constituted to put pressure on the government to abolish the Kamaiya system by formulating appropriate laws and to make necessary arrangements to rehabilitate the Kamaiyas. This effort also did not prove fruitful.

These efforts were, however, instrumental in drawing the government's attention to the issue and taking the problem to the international arena. Moreover, the efforts were successful in making the Kamaiyas literate, aware and skilled to some extent. But neither the Government did not put an end to the Kamaiya system nor could the Kamaiyas themselves move ahead for their own freedom. A decade (after 1990) passed without any significant change. The goals set by the organizations working in the Kamaiya sector could not be achieved and the investment made could not bring any significant result.

3) Reality of the Freedom Movement

The experience gained before the proper Kamaiya Freedom Movement took place showed that the government would never put an end to the Kamaiya system just because the Kamaiyas made a request for it. It was also quite clear that it would not be an easy task to make the Kamaiyas themselves the driving force of the movement because they had no free time to do it; and the concept of Kamaiyas getting freedom automatically with training and skill development was not a practical idea.

Despite such experiences, the organizations working in this sector dragged along with their old styled activities though not any concrete and creative option could be forwarded regarding the freedom of Kamaiya. The situation remained in perplexity. Meanwhile, 19 Kamaiyas of Shiva Raj Joshi, a landlord of Geta, Kailali district, who is also a former minister, lodged a complaint at the local VDC office demanding freedom and the minimum wage on the occasion of the May Day in 2000. This very petition proved to be the initiation of what later came to be known as the Kamaiya Freedom Movement. However, this complaint was not lodged on the initiative of the Kamaiyas themselves. Central Member of BASE (a local NGO) Yagya Raj Chaudhary had encouraged and helped them to lodge the petition. Yagya Raj himself is a former Kamaiya.

After the initiation of the movement, a Kamaiya Freedom Movement Mobilization Committee was set up. It consisted of 15 members including two Kamaiyas and representatives of 13 different NGOs working in the Kamaiya sector. The Committee in Kailai inspired the formation of similar committees in other four districts. Thanks to the joint effort of these five committees, many of the Kamaiyas started actively participating in the movement and it started gathering momentum. The movement was led by the representatives of the NGOs included in the Mobilization Committees, that is, no particular person or NGO had played any distinct role in making the movement successful. All those who were in the committees had played equal role as per their respective responsibility. That is why the movement could go ahead despite various obstacles put up by the Local Administration Office and the landlords.

As the movement gathered momentum, INGOs provided financial support to it and also put pressure on the Government to grant freedom to the Kamaiyas. Similarly, the opposition parties, human rights activists, intellectuals and also the media supported the movement. Because of the movement, the world came to know about the existence of the Kamaiya system as a remnant of slavery in Nepal. As a result, the movement put pressure on the government. Eventually, the Government announced the freedom for the Kamaiyas on July 17, 2000. Along with the announcement, the government gave assurance that the freed Kamaiyas would be rehabilitated by the end of mid-January 2001.

5) The Situation after the Freedom

As the government announcement had come without analyzing various aspects of the problem and without making any practical plan, it rather added complexity to the problem. The government granted the Kamaiyas freedom from their landlords and their 'Sauki' (debts), but the landlords got infuriated. The Kamaiyas had been staying in the 'Bukara' (the shelter provided by the landlord), and they did not have their own house. From the moment the Government announced the freedom, the landlords did not allow the Kamaiyas to stay in the Bukaras. Thus, the freed Kamaiyas were forced out on the open.

Though food, clothes, tents, medicines and other materials were made available to the homeless freed Kamaiyas from various quarters as relief assistance, those materials were not enough to ensure continued livelihood for the Kamaiyas. So, the freed Kamaiyas began to suffer from starvation, illness and lack of shelter and clothing. On the other hand, the Government could not move ahead with the rehabilitation work that it had promised.

Later, the Government initiated Kamaiya verification on the basis of the data collected in about four years ago. As the freed Kamaiyas were certified on the recommendation of the landlords, some of the freed Kamaiyas were deliberately deprived of being certified by the landlords, whereas some non-Kamaiyas were able to obtain the ID card. For the purpose of issuing the ID card, the freed Kamaiyas were classified into four categories. Homeless Kamaiyas were placed in class A and issued the red ID card. Those who had been residing on the government land were issued the blue ID card. Those who had a plot of land up to the size of 2 Katthas were issued the yellow ID card and those who had a plot of land larger than 2 Katthas were issued the white ID card. However, there were indications that distribution of ID card was also biased.

The freed Kamaiyas demanded that each family be given 10 Katthas of land but the government said that it was unable to give more than 5 Katthas per family. Unfortunately, however, the government's promise remained only in words. Rehabilitation process could not move ahead. The delay in rehabilitation compelled some of the freed Kamaiyas to go back to the landlords to work as Kamaiya again, whereas some others were compelled to go hither and thither in search of employment.

As the government failed to keep its promise of completing the rehabilitation by mid-January 2001, the freed Kamaiyas, being encouraged by some of the NGOs, began to put up their camps in open spaces in the jungle area. In response to such activities, the government institutions meted out inhumane behaviour to the freed Kamaiyas in many places and their camps were destroyed. The police set fire on the camps put up in the open space that belonged to Cotton Development Committee at Kalika in Bardia district. The huts of 8,000 freed Kamaiyas and some squatters were thus burnt to ashes and they were driven away from there. In a similar fashion, the freed Kamaiya camps were destroyed in many other places as well. In some places, the freed Kamaiyas resisted and refused to shift the camp and they even started cultivating the land around the camps. Meanwhile, the government assured that the rehabilitation would complete after three more months. At the instruction of the government, the Land Reform Office issued provisional Land-Ownership Certificate for a plot of 2 to 5 Katthas of land per family to some of the ex-Kamaiyas. But most of the Kamaiyas did not know where the so-called land thus distributed is located. So, most of the Kamaiyas took the Government's action as a trick to deceive them. In this way, the government's second assurance too ended with the distribution of bogus certificate of land ownership. It was already mid-April 2001 and there was no sign of progress in the rehabilitation process.

After Mid-April 2001, the freed Kamaiyas started putting additional pressure on the Government. So, the Government acted as if it was now really serious with the rehabilitation process. Some of the freed Kamaiyas were distributed the very land where they had been staying while some others were given uncultivated public land elsewhere. Each family was given 2 to 3 Katthas of land. Similarly, those who were occupying the public land were allowed to possess the land up to 5 Katthas per family.

The following table based on the statistic made available by the Ministry of Land Reform, shows the details of the land distributed to the freed Kamaiyas, number of the freed Kamaiyas who got the land and who have not got the land yet.

The table shows that out of 18,291 freed Kamiya families, 13,259 belong to A and B classes and out of them only 12,092 families have received the land. So far, 1754 bighas 18 Katthas and 9 dhurs of land has been distributed to 7,657 families of class A ex-Kamaiyas, which means that each family has on an average got 4 katthas and 11dhurs of land. In fact, those who have received the land that is situated outside the camp, have not been able to use the land for various reasons--the land is on river banks and is unfit for settlement or it is being cultivated by squatters or other poor farmers or it is under the control of some powerful landlords of the area. It can be seen in the table that 606 bighas 14 katthas and 18 dhurs of land has been distributed to 4,435 out of the total 5,128 families of the freed Kamaiyas who have put their shelter in the public land. In case the land being cultivated by a family happened to be more than 5 katthas, only 5 kattha is allotted to that family and the rest is seized from them. However, if the land they have been cultivating is less than 5 katthas, no more land is given to them to bring up their share to make it equal to what the others have got. So, many families have received only 5 or 7 dhurs of land.

The studies conducted by various NGOs have revealed that about 4,000 freed Kamaiyas from these five districts have not received ID card yet. So, some of them are still working as Kamaiya and many others are still languishing in the camps--uncertain about their future. Despite repeated request for ID card, the concerned authorities have not taken any step to issue it.

It has been decided to provide an assistance of Rs. 10,000 in cash and 75 cu. ft. of timber to each family of the freed Kamaiyas rehabilitated in the camp. The assistance was funded by ILO. But most of the families have got neither the money nor the timber. Those who have received the help have received up to 8,000 rupees and 35 cu. ft. of timber. Many of those who received the money have used it to either buy a rickshaw or a bullock. Some of them have used the money even to meet their household expenses.

Some of the freed Kamaiyas are still staying in the sheds outside some camps put up by themselves. As they have no ID card, they have not been able to enjoy the facilities available in the camp. Ironically, some non-Kamaiyas have been able to get both the ID card and the land. Examples of such irregularities can be seen in the Manera Camp in Kailali district. Ramhari Shrestha was not a Kamaiya but he has been able to obtain both the ID card and the land. Now he has started building a concrete structure house in the camp. Similarly, Jit Bahadur Devkota, another fake Kamaiya, has also received the land in the camp. But 35 genuine Kamaiya families have not received the ID card yet.

6) Bonded labor in its new form

Some of the freed Kamaiyas who received land in the camp and also materials financial assistance for building house have built their houses. One can see in the camp some plots of cultivated land, cattle kept by the freed Kamaiyas, a school for children and non-formal education classes. But though the condition of the camp when one looks on the surface seems to be well-managed and satisfactory, the real life of the freed Kamaiyas living in the camp is miserable. Each family has one or two katthas of land, which yields food hardly for one or two months. There is not any regular employment to earn money. Some ex-Kamaiyas are working as rickshaw-pullers or cart-pushers but these occupations do not provide them a regular income. They have no other alternative source of income. So, most of the families have to go without food and the sick have to die for lack of proper treatment.

As they have no other alternative way to survive, most of the ex-Kamaiyas have restarted working as Kamaiya though the terms of new employment are less severe than in the past. Though the freed Kamaiyas are not working as the Kamaiyas of the past, they are still working as bonded labour. Each family of the freed Kamaiyas has children of above 8 years in age on an average. These children are engaged in the worst form of child labor. More and more children of the freed Kamaiyas are now bound to work as 'Organi' and 'Kamlahari' that involve forced labor. Likewise, many of the children of the freed Kamaiyas are working as domestic servants at various households, restaurants and teashops in different parts of the country. The salary of such children is collected in advance by their parents. The Gorkhapatra daily in its editorial on its issue dated 059/5/5 says: 'there are about 2,000 children in 3,000 families of the freed Kamaiyas in Kanchanpur' and 'more than half of those children are bound to do labor in different places.' Thus, almost 50% of the total number of children of the freed Kamaiyas are forced to do one or the other type of forced labor or work as the bonded laborer for their survival.

It is an irony that the freed Kamaiyas and their children are again turning into the bondage in other forms.

7) Tendencies and the role of NGOs

On the pretext of providing benefits to the target group, some persons who are in the senior positions of NGOs have been deriving personal benefits, by converting the problems into projects and receiving grants by convincing the donors.

Many of the NGOs working in the Kamaiya sector have played significant and positive role in the course of the movement for Kamaiya freedom. Nevertheless, it will not be an exaggeration to say that the NGOs working in the Kamaiya related sector are also more or less influenced by the above mentioned tendency. If one takes a look at the grant assistance provided by donor agencies from the beginning of the Kamaiya movement till now, one finds that the total amount of assistance received exceeds Rs. 200,000 per Kamaiya family. But the Kamaiyas, in fact, have received from the NGOs nothing more than what can be said to be their cooperation during the movement. Though some amount of the assistance had been invested in activities like literacy programs, awareness creating programs, skill development programs and income generating activities, the benefit from those programs has been very limited. Rather one can see that the activities of NGOs have had various adverse impacts on the freed Kamaiyas. It will not be an exaggeration to say that Kamaiyas have developed dependency on NGOs even for minor work that can be done by Kamaiyas themselves.

The important role played by the NGOs during the Freedom Movement can never be denied. Yet, the NGOs have been found weak in the question of economy, utility and honesty. Unless such negative tendencies are corrected, the activities carried out by the NGOs will never have any positive impact on the target groups.

8) About the Kamaiya Labor Prohibition Act

The Kamaiya Labor Prohibition Act was enacted one and a half years after the freedom announcement. However, the Act seems to be incomplete because it does not have any specific provision for checking bonded and forced labor if it exists in the country in forms other than Kamaiya. The Act prohibits keeping Kamaiya and becoming a Kamaiya, but it has not made any provision for rehabilitating the freed Kamaiyas and making them self-reliant. The ex-Kamaiyas still have no option but to engage themselves again in one or the other form of forced labor.

If the intention of the government is to root out slavery from the country in line with the commitment it has made by signing the international conventions and protocols, the government is required to amend the law with provisions needed to root out slavery that may be existing in any form.

9) Maoist influence among the freed Kamaiyas

It is an exaggeration to say that the freed Kamaiyas have been used by the Maoists. The Maoists might have been trying to exert their influence on the freed Kamaiya settlements but the freed Kamaiyas are not supporting the Maoists, with very few exceptions. Rather, the Kamaiyas have raised their voice against the Maoists violence and terror. The freed Kamaiyas are the Tharu people living in extreme poverty. The government administration and security forces have accused the freed Kamaiyas of supporting Maoists and are , therefore, persecuting them without any justification. The government administration and security force should stop the unjust treatment they are meting out to the innocent and helpless ex-Kamaiyas and their families.

10) How to make rehabilitation effective?

Though some efforts had been made to rehabilitate the freed Kamaiyas, these efforts were not well coordinated and they lacked effectiveness. As a result, the condition of the freed Kamaiyas remained miserable. The freed Kamaiyas can be delivered from the present plight if the rehabilitation programs detailed hereunder are put into practice effectively:
(a) Data collection: Some of the non-Kamaiyas have been certified as Kamaiyas whereas many of the genuine Kamaiyas have not received ID card yet. So, data collection has to be carried out again so as to cover the entire genuine Kamaiya population including the sub-categories of the Kamaiyas like ‘Organi’, 'Kamlahari', 'Bardewa' Gothala etc.
(b) Rehabilitation for self-reliance: Efforts made so far to rehabilitate the freed Kamaiyas are defective and incomplete. Freed Kamaiyas have been given such a small piece of land that yields so little food that it is enough for not even for 1 or 2 months. Such a defective and incomplete rehabilitation program needs to be reviewed and replaced with a well thought out rehabilitation program. It is necessary that each family of the freed Kamaiyas are given enough land to produce food that is enough for at least 6 months.

Development activities and reform: Donor agencies including ILO are investing huge amounts in carrying out capacity building programs and rehabilitation programs for the freed Kamaiyas. Most of the investment from the government and the I/NGOs is likely to be spent on education, health and awareness creating programs for the children of the freed Kamaiyas.

Though the programs on education, health, skill development and income generation are essential, such programs carried out in the current situation will not be effective as desired. So, before launching such programs, freed Kamaiyas need to be rehabilitated by providing the minimum means of livelihood. NGOs and other institutions should put pressure on the Government to carry out effective rehabilitation. Only then will such programs be effective and sustainable. Unless the rehabilitation is effective, no other programs will be fruitful. Let’s not go on repeating the same mistake that we have made in the past.