C HANGE O BSERVATION A MONG F REED K AMAIYAS S TATUS , I SSUES AND R ECOMMENDATIONS

(Kamaiya Change Impact Study)

BY Yogendra Bahadur Gurung

Submitted to

ActionAid Nepal

August 2003

Contents
Chapter I................................................................................................................................................1 Introduction...........................................................................................................................................1 Chapter II...............................................................................................................................................5 Introduction To The Freed Kamaiyas....................................................................................................5 Chapter III...........................................................................................................................................10 Current Situation of Freed Kamaiyas...................................................................................................10 Chapter IV...........................................................................................................................................27 Change Observation in Freed Kamaiyas..............................................................................................27 Chapter V............................................................................................................................................36 Issues and Recommendations..............................................................................................................36 Chapter VI...........................................................................................................................................41 Summary and Conclusion....................................................................................................................41 References Cited..................................................................................................................................50 Appendix I...........................................................................................................................................52 Questionnaire.......................................................................................................................................52 Appendix II..........................................................................................................................................60 List of Field Researchers.....................................................................................................................60 Appendix III........................................................................................................................................61 Chronology of the Kamaiya Movement...............................................................................................61

List of Tables
Chapter I................................................................................................................................................1 Introduction...........................................................................................................................................1

1.1 Background......................................................................................................................1 1.2 Objectives.........................................................................................................................2 1.3 Methods Used for the Study.............................................................................................2 1.3.1 Tools for the Study....................................................................................................2 1.3.2 Questionnaire Design................................................................................................2 1.3.3 Orientation for the Survey.........................................................................................3 1.4 Approach of the Study......................................................................................................3 1.5 Organization of the Study................................................................................................4
Chapter II...............................................................................................................................................5 Introduction To The Freed Kamaiyas....................................................................................................5

2.1 Introduction......................................................................................................................5 2.2 Registration Status of Kamaiya Households....................................................................5 Table 2.1: Freed Kamaiya Households by Districts and Registration Status, 2003...................5 2.3 Identification of Freed Kamaiyas.....................................................................................6 2.3.1 Cardholder Kamaiyas................................................................................................6 Table 2.2: Identification of Kamaiyas According to Government Category.............................6 2.3.2 Unregistered Kamaiyas.............................................................................................6 Table 2.3: Unregistered Kamaiya Families................................................................................7 Table 2.4: Unregistered Kamaiya Population............................................................................7 2.4 Age and Sex Structure of Freed Kamaiya Population......................................................8 Table 2.5: Distribution of Freed Kamaiyas by Age and Sex......................................................8 2.5 Literacy and Education.....................................................................................................8 Table 2.6: Literacy, NFE and Educational Status of Kamaiyas (6+ years)...............................9
Chapter III...........................................................................................................................................10 Current Situation of Freed Kamaiyas...................................................................................................10

3.1 Introduction....................................................................................................................10 3.2 Agencies Involved in Rehabilitation of Freed Kamaiyas...............................................10 Table 3.1: Organizations and Their Activities for Rehabilitation of Freed Kamaiyas.............10 3.3 Freed Kamaiya Rehabilitation........................................................................................12 3.3.1 Land.........................................................................................................................12 Table 3.2: Land and Its Use Among Kamaiyas........................................................................13 Table 3.3: Irrigation Facilities..................................................................................................14 3.3.2 House Construction Support...................................................................................14 Table 3.4: Support for House Construction.............................................................................15 Table 3.5: Household Materials...............................................................................................15 3.3.3 Drinking Water, Toilet and Health Facilities..........................................................16 Table 3.6: Drinking Water Facilities........................................................................................16 Table 3.7: Toilet Facility..........................................................................................................16 Table 3.8: Health Practices.......................................................................................................16 3.3.4 Skill Development and Income Generating Activities............................................17 Table 3.9: Skill Development and Income Generating Training.............................................17 3.4 Current Livelihood Strategies for Feed Kamaiyas.........................................................18 3.4.1 Existing Agriculture System for Livelihood...........................................................18

Table 3.10: Existing Agriculture System Among Freed Kamaiyas.........................................18 3.4.2 Current Activities of Freed Kamaiyas for Livelihood.............................................19 Table 3.11: Current Activities of freed Kamaiyas for Livelihood by Sex...............................19 Main activities..............................................................................................................19 3.4.3 Wage System...........................................................................................................19 3.4.4 Debt and Hunger.....................................................................................................20 Table 3.12: Situation of Debt Among Freed Kamaiyas...........................................................20 Table 3.13: Hunger Among Freed Kamaiyas During Last Month Preceding the Survey........21 3.5 Access and Participation of Freed Kamaiyas.................................................................21 3.5.1 Awareness on and Access to Citizenship................................................................21 Table 3.14: Practice of Citizenship Rights...............................................................................22 Table 3.15: Reasons for No Citizenship Certificate.................................................................22 3.5.2 Access and Participation in Community Forestry...................................................22 Table 3.16: Participation in Community Forest.......................................................................22 3.5.3 Awareness and Use of Voting Rights.....................................................................23 Table 3.17: Practice of Voting Rights......................................................................................23 3.5.4 Awareness and Participation in Free Kamaiya Movement.....................................24 Table 3.18: Participation in Free Kamaiya Movement............................................................24 3.5.5 Access and Participation in Policy Making Process...............................................25 Table 3.19: Participation in Policymaking Process..................................................................26
Chapter IV...........................................................................................................................................27 Change Observation in Freed Kamaiyas..............................................................................................27

4.1 Introduction....................................................................................................................27 4.2 Change in Socio-cultural Context..................................................................................27 Table 4.1: Sanskritization of Indigenous Name of the Place...................................................28 4.3 Change in Awareness.....................................................................................................28 Table 4.2: Involvement of Freed Kamaiya in Movement .......................................................29 4.4 Change in Situation of Women and Children................................................................30 Table 4.3: Change in Activities of Kamaiya Children Aged 6-14 years..................................31 Table 4.4: Reasons for work before and after freedom............................................................32 4.5 Change in Survival Strategy...........................................................................................32 Table 4.5: Migration of Freed Kamaiyas for Survival by Sex.................................................34 Migration Status...........................................................................................................34
Chapter V............................................................................................................................................36 Issues and Recommendations..............................................................................................................36 Chapter VI...........................................................................................................................................41 Summary and Conclusion....................................................................................................................41

6.1 Background....................................................................................................................41 6.2 Summary of the Findings...............................................................................................41

References Cited..................................................................................................................................50 Appendix I...........................................................................................................................................52 Questionnaire.......................................................................................................................................52 Appendix II..........................................................................................................................................60 List of Field Researchers.....................................................................................................................60 Appendix III........................................................................................................................................61 Chronology of the Kamaiya Movement...............................................................................................61

2004..............................................................................................................................66

CHAPTER I INTRODUCTION

1.1 Background
Kamaiya (bonded labour) was an age-old practice in five Tarai districts of the Mid- and FarWestern development region of Nepal, namely Dang, Banke, Bardiya, Kailali and Kanchanpur. This practice was a kind of slave system, hence many I/NGOs, Kamaiya and human rights organizations fought against this system. As a result, His Majesty's Government of Nepal declared Kamaiya freed on July 17, 2000 by writing off of Sauki1. The Kamaiyas were landless-homeless people. After liberation, government and many I/NGOs have been working for their rehabilitation. His Majesty's Government of Nepal has committed to rehabilitate them by providing land up to five Kattha2, housing support, and wood for house and other facilities. Even though, it has been more than three and half years since Kamaiyas liberated, the process of rehabilitation has not been completed. This process has been rather facing several serious issues regarding rehabilitation. ActionAid Nepal (AAN) has been working in Nepal since 1982. It aims to eradicate poverty by focusing on priority themes and issues that will ensure a sustainable future by empowering the poorest and most marginalized communities. The priority themes of ActionAid are: i) education of child; ii) food right; iii) HIV/AIDS; iv) peace and governance; and v) women rights and gender. The approach of ActionAids work is Right based and participatory. Kamaiya is one of the thematic issues as well as one of the right holders the ActionAid has been working with from the very beginning of the process of liberalization of Kamaiyas. ActionAid Nepal aims to work with the freed Kamaiyas even after the rehabilitation is completed for their right and fighting against their poverty. Advocacy and support for the livelihood through providing appropriate training that are needed and appropriate for their livelihood are the main areas to work with Kamaiyas prioritized by the ActionAid. The situation and the needs of the Kamaiyas have been changed after the liberation and the focus of advocacy and livelihood support is necessary to change accordingly. In order to understand new situation of Kamaiyas and their issues if any change occurred after the liberation, the ActionAid felt an urgent need of a new baseline study. Therefore, this study has been scheduled to provide baseline information that presents the current situation of freed Kamaiyas and their issues to be addressed by the future program of ActionAid. However, this baseline study is quite different from other baseline study that it also seeks, in addition to establish baseline information, to explore changes in the issues of freed Kamaiyas departed from situation when they were Kamaiyas.

1 2

Sauki is a kind of loan of landlords for which they are compelled to be Kamaiya to the landlords. Kattha is the unit of measurement of land in Tarai, which is equivalent to 3645 sq. feet and 1 Bigah consists of 20 Katthas of land.

1.2 Objectives
The overall objective of this study is to find out the current situation of freed Kamaiyas and their needs after the liberation that should be addressed by the ActionAid program. In order to fulfill this overall objective the specific objectives are: to gather information on freed Kamaiya community to address the freed Kamaiya issues and as baseline information for observing change in future; to analyze impact of liberation in socio-cultural, economic and political sphere; and to explore change in freed Kamaiya of five districts after liberation by identifying their socio-economic status.

1.3 Methods Used for the Study

This study is kind of mixed of baseline as well as a brief observation of change among Kamaiyas before and after freedom. The study is based on primary data collection and the data are quantitative. It also utilizes qualitative data that were collected during the survey and secondary information to understand the situation of Kamaiyas before freedom to compare against current status. However, the leading contribution of this study is of quantitative primary information collected from the census of Kamaiyas households in five Tarai Kamaiya districts. 1.3.1 Tools for the Study Census of the Kamaiya households whatever found during given period was conducted in order to gather quantitative information. Census was made in two phases, first in April and May 2003 and second in September 2003. First phase of census was at the time immediate before starting the monsoon. Due to this reason, it was not possible to complete the census of the ex-Kamaiya households in all 5 districts (Dang, Banke, Bardiya, Kailali and Kanchanpur) at a time. Another reason is that this season is for paddy plantation through out the country and all of the enumerators deployed were ex-Kamaiyas who were necessarily to involve in paddy plantation. After completion of the paddy plantation, again enumerators were deployed to complete the census of freed Kamaiya households. Qualitative information was also obtained from the survey, even though the aim of this study was to collect only quantitative information. The enumerators were asked to maintain daily diary with taking notes of their observations and feelings generated during the interview with people. They were given a tentative guideline to systematize their note taking. The information from these notes enormously helped this study to reach at this position. Review of literature previously produced by some organizations was also carried out to obtain the secondary information. The secondary information was, as stated in the objectives, to see changes in issues regarding situation and needs of freed Kamaiyas between the periods before and after the liberation, even though the survey questionnaire already has some such questions. 1.3.2 Questionnaire Design

A set of questionnaire was developed for the census of freed Kamaiya households in five districts. The questionnaire was divided into eight sections to fulfill the objectives stated above (see Annex I). The questionnaire was developed in consultation with ActionAid concerned personnel, namely Kamaiya Theme Leader, Western Region Program Manager, and Human Resource Manager at centre. A series of discussion were made while finalizing the questionnaire, so that the questionnaire would include all the issues required for the study on the on one hand and it would be simpler and respondents friendly. The pre-test of the questionnaire was carried out during the orientation program. Pre-test contributed considerably to revise questionnaire mainly in resequencing, skipping and rephrasing. Simplification of language to more respondents friendly is another part the pretest contributed. 1.3.3 Orientation for the Survey A four-day rigorous orientation was given to the field researchers and enumerators. The orientation was on both thematic and practical issues. In thematic issues, the orientation was devoted to concepts and its need to include in the questionnaire to address the objectives. Another thematic issue is that, because all the field personnel were from the same community where the survey was targeted, it was necessary to avoid bias in information to be collected from the survey. For this purpose, field personnel were oriented to be open while asking questions to the respondents and not to impose any kind of opinion and feelings to respondents that leads the respondents response. In practical issues, orientation was devoted to generate quality information by administering questionnaire in the field survey. The specific objectives of the orientation were to: make enumerators familiar with contents of the questionnaire; way of asking questions to the respondents such as to ask question in a very local language, which the respondents could understand easily without deviating the meaning of questions in the questionnaire; maintain skipping while asking questions, which could help to maintain consistency and save time; way of using probing questions required for some specific questions to reach at real information; and maintain consistencies among the questions that are interrelated each other. The orientation was also given to maintain diary by taking notes of experiences obtained from the observations and feelings while visiting freed Kamaiya community. This information helped to substantiate the issues raised by the quantitative data.

1.4 Approach of the Study

This study followed the ActionAids principles of participatory and right-based approach for the field survey. Participatory approach in this study in the sense is that the enumerators and field researchers were among the freed Kamaiyas who belong to Mukta Kamaiya Samaj, one of the partner organizations of ActionAid. Altogether 27 freed Kamaiya boys and girls were

mobilized for the field survey (see Annex II). The field workers deployed were 6 in Kanchanpur, 8 in Kailali, 10 in both Bardiya and Banke, and 3 in Dang. Among them, 7 were females and the remaining were males. The bases of selection were: Freed Kamaiya persons as far as possible, then priority to person from Tharu community or that who could speak Tharu language; have a grade 8 education; friendly and openly speaking persons that could explain questions as the survey questionnaire seeks; and gender sensitive. There are three main reasons why the survey mobilized freed Kamaiyas in the survey. First, they were to train and empower. Second, they are the ones who know the issues of freed Kamaiyas well. Finally, they have a right to be benefited from the resource whatever to be invested for their cause. The possibility of generating bias information on the issues on freed Kamaiyas while using the field researchers from the same community was undeniable. A rigorous orientation was given to enumerators to avoid this situation. Triangulation process will also be followed to verify the information in different perspectives to minimize the errors and to increase the validity and reliability of information.

1.5 Organization of the Study

This report has been organized in six chapters. Introduction including objective, methodology used and approach of the study has been arranged in this present chapter. Second chapter deals with introduction to the freed Kamaiyas in terms of registration status, age and sex structure, literacy and educational status. Current situation of freed Kamaiyas is organized in third chapter. It includes rehabilitation program of freed Kamaiyas and the agencies involved in this program, current livelihood strategies, and awareness and participation of freed Kamaiyas in development and decision making process. Chapter four deals with the observed change in freed Kamaiyas before and after liberation in terms of socio-cultural context, awareness, situation of women and children, and survival strategy. Chapter five is for current issues of the freed Kamaiyas that are to be addressed by the future program and recommendations according to issues raised. Finally, chapter six is devoted to the summary and conclusion of the report.

CHAPTER II INTRODUCTION TO THE FREED KAMAIYAS

2.1 Introduction
This chapter is devoted to introduce freed Kamaiyas. A brief profile of freed Kamaiyas is figured out here in terms of registration status, demography, and literacy and education.

2.2 Registration Status of Kamaiya Households

Survey identified altogether 15,312 households, among which 12,223 3,089 are unregistered as freed Kamaiyas by the government (Table registered ones, 910 households were not found in the camp and only were interviewed. Therefore, the analysis for this study is based on households. are registered and 2.1). Of the total 11,313 households only these 11,313

Ministry has registered about 18,291 Kamaiya families and there are about 8,000 new families under the process of registration. The number of households enumerated by this census is far less than the statistics of Ministry of Land Reforms. This census enumerated only 12,223 Kamaiya households that have been registered. According to the observation from the field survey, it can be concluded that the main reasons for this much of variation could be that: i) many Kamaiya families may have left Kamaiya camps due to problems of survival as the land provided by the government is not sufficient for survival; ii) enumerators may not have visited the places that are highly affected by the current political conflict; iii) many Kamaiya families may not have come to the camp due to distrust of government assistance; and iv) the statistics of Ministry were inflated more due to politicization in registration. According to survey, the number of freed Kamaiya households is highest in Kailali (6,043), which is followed by Kanchanpur (4,921) and the lowest in Dang (851) and Banke (936). The proportion of households enumerated is the highest in Kailali (98.1%) and the lowest in Bardiya (19.6%). Similarly, the number of unregistered households is also highest in Kailali 1,425) and the lowest in Bardiya (184).
Table 2.1: Freed Kamaiya Households by Districts and Registration Status, 2003 Registered Kamaiya Households Total Kamaiya Unregistered Kamaiya Households Enumerated Not found Total Districts % N % N % N % N % N Dang 92.7 459 7.3 36 100.0 495 11.5 356 5.6 851 Banke 91.8 495 8.2 44 100.0 539 12.9 397 6.1 936 Bardiya 79.6 1,891 20.4 486 100.0 2,377 6.0 184 16.7 2,561 Kailali 98.1 4,528 1.9 90 100.0 4,618 46.1 1,425 39.5 6,043 Kanchanpur 93.9 3,940 6.1 254 100.0 4,194 23.5 727 32.1 4,921 Total 92.6 11,313 7.4 910 100.0 12,223 100.0 3,089 100.0 15,312

2.3 Identification of Freed Kamaiyas

Among the Kamaiyas, 97.6 percent are Tharus (Sharma and Sharma, 2002) spreading through out the five far-western and mid-western Tarai districts, namely Dang, Banke, Bardiya, Kailali, and Kanchanpur. This study covered all these five districts and conducted census of freed Kamaiyas households in camps. Identification of freed Kamaiyas is discussed here in terms of cardholders and unregistered ones. 2.3.1 Cardholder Kamaiyas For the purpose of rehabilitation of freed Kamaiyas, the government has identified the freed Kamaiyas as four categories and they are given ID card accordingly. The categories are land and homeless (red card), home but no land (blue card), home and up to 2 Kattha of land (yellow card), and home and more than two Kattha of land (white card). Of the total enumerated freed Kamaiya families, 67 families are reported that they have not received ID card from the government until the time of survey, even though they have already been registered. Among the Kamaiya families enumerated, most of them are red cardholders and then blue cardholder (Table 2.2). For instance, 78.4 percent have red card and about 20 percent are blue cardholders. Yellow and white cardholders are relatively few that it is little more than 100 for each. Among those who were enumerated in Dang, the percentage of red cardholders is found to be the highest (37.1%) and the blue cardholders are slightly less than this (35.8%). The percentage of red cardholders in Bardiya, Kailali and Kanchanpur is overwhelming, that is 76.7, 82.9 and 85.1 respectively. However, the situation in Banke district is different. More than two-third of the Kamaiya families are blue cardholders (69.6%).
Table 2.2: Identification of Kamaiyas According to Government Category Districts Red Card Blue Card Yellow Card White Card Dang 37.1 35.8 15.1 12 Banke 27.4 69.6 2.8 0.2 Bardiya 76.7 22.4 0.1 0.9 Kailali 82.9 16.7 0.1 0.3 Kanchanpur 85.1 14.1 0.4 0.4 Total 78.4 19.8 0.9 0.9 N 8,812 2,228 104 102 Total 100 100 100 100 100 100 11,246 N 458 493 1,853 4,523 3,919 11,246 -

2.3.2 Unregistered Kamaiyas It is obvious that Kamaiya families are not in the position to receive any facilities of rehabilitation program from the government as well as non-governmental organizations without registration. The government has provided ID cards for those who are registered. And, the facilities of rehabilitation program are provided according to their identification. The census identified 3,089 Kamaiya families that are not registered under any category of the government list (Table 2.3). This is more than 20 percent of the total freed Kamaiya families identified by this survey. Among them, the percentage of unregistered Kamaiyas is highest in Kailali district constituting 1,425 families (46.1%). Kanchanpur stands at second

position having unregistered Kamaiya families (23.5% or 727 families). The lowest percentage of unregistered Kamaiya families is found in Bardiya (6% or 184).
Table 2.3: Unregistered Kamaiya Families Unregistered Household by District Dang Banke Bardiya Kailali Kanchanpur Total Reasons for Unregistered Didn't know about registration Absence during registration Landlord denied to certify Didn't have citizenship Other Reason NS Total % 11.5 12.9 6.0 46.1 23.5 100.0 38.9 26.9 11.3 8.5 14.2 0.2 100.0 N 356 397 184 1,425 727 3,089 1,196 826 348 261 436 6 3,073

Note: Sixteen families were absent during the survey so they were not interviewed.

It has been reported during the field survey that the problem was severe while registering the Kamaiyas by the government, due to which this much of Kamaiya families did not get registered. The main reasons why they were not registered the survey found are listed in the Table 2.3. The highest percentage of them reported that they were not registered because they did not know about the registration (38.9%). There are also some reasons behind why they did not know about the registration. Field survey came to know that no one told them about the registration, on the one hand, and either landlord did not tell them about it or landlord played role not to reach information about registration to their Kamaiyas on the other. The next highest percentage said that they were absent from the house (26.9%) during the time of registration. Most probably they were migrated to India for the survival and the children and women who were in the house did not have any idea about it. There are two more reasons that are pertinent concerning their rights. They are denial from landlord to certify as Kamaiya (11.3%) and did not have citizenship (8.5%). There is also other category, which includes those reasons not included in the specific reasons identified. It is also meaningful to see the volume of population from the freed Kamaiya families that are unregistered. There is 15,074 population from 3,089 families identified by the survey. On the average, there is almost 5 member in a family. Similar to the population from registered families, males are higher than females among the unregistered families. For instance, females are 47.4 and the males are 52.6 percent (Table 2.4).
Table 2.4: Unregistered Kamaiya Population Population in Unregistered Household Female Male Both sexes % 47.4 52.6 100.0 N 7,140 7,934 15,074

2.4 Age and Sex Structure of Freed Kamaiya Population

Total freed Kamaiya population from 11,313 households enumerated is 66,143. The average family size is 5.82, which is relatively higher than the national average that is 5.4 (CBS, 2002). Of the total population, males are 52.5 and females are 47.5 percent (Table 2.5). Males are more than females by about 5 percentage points. The finding shows that the freed Kamaiya population is relatively younger one. Proportion of freed Kamaiya population is highest for those who are aged 15-49 years. The next highest proportion is for those aged 6-14, child population and there is also significant proportion who are aged 1-5 years (12.6%). The pattern is similar for both females and males. The percentage of males is higher in most of the age groups, except in younger (under 1) and older age groups (50-64 and 70+).
Table 2.5: Distribution of Freed Kamaiyas by Age and Sex Age Group Female Under 1 2.3 1-5 6.1 6-14 12.1 15-49 20.5 50-64 3.1 65-74 0.6 70+ 0.2 Age not stated 2.7 Total 47.5 N 31,435 Male 2.1 6.5 13.4 24.2 3.1 0.5 0.1 2.7 52.5 34,708 Total 4.4 12.6 25.5 44.6 6.2 1.1 0.3 5.3 100.0 66,143

2.5 Literacy and Education

There are 53,317 freed Kamaiya population aged 6 years and above. The literacy rate is found to be 32 percent of this population, which is far below the national average3 (Table 2.6). This is even lower among females (25.2%). The gender variation in literacy is pronounced among freed Kamaiya population. The literacy among females is lower than among males by almost 13 percentage points. It has been reported that there is an indispensable contribution of a number of NGOs and INGOs to the liberation of Kamaiyas. Some of them, namely, INSEC, BASE, etc. have been working from the very beginning of the movement of the Kamaiyas for liberation. After the liberation, number of local, national and international organizations to work for freed Kamaiyas has increased tremendously. Many of them have been working for non-formal education. This has been reflected in the findings that non-formal education (NFE) attendants among freed Kamaiyas are in a significant proportion. For instance, there are 11.5 percent altogether who have attended NFE classes, of which 14.8 percent are females and 8.6 percent are males. Data shows that NFE attendance among females is quite high compared to their counter part. However, those who have become literate from the NFE is negligible (5.8%), not so encouraging despite the efforts have been made by various organizations.

The national literacy rate from census 2001 is 54.1 and it is 51.0 percent for rural Nepal (Manandhar and Shrestha, 2003).

Table 2.6: Literacy, NFE and Educational Status of Kamaiyas (6+ years) Literacy and Educational Level Female Male Literacy and NFE Literate 25.2 37.9 NFE Attendants 14.8 8.6 Literate with NFE 6.8 5.0 Educational Level Some Primary 13.5 21.1 Some Secondary 1.6 5.3 SLC and Above 0.1 0.3 Total N 24,888 28,429

Total 32.0 11.5 5.8 17.5 3.6 0.2 53,317

Table 2.6 also displays the educational level acquired by the freed Kamaiyas from formal education. Of the total who are literate, 17.5 percent have some primary education, 3.6 percent have some secondary level of education but less than SLC, and only a very negligible proportion have acquired SLC and above education. The pattern is similar for both females and males. However, the proportion of males is higher in all categories of education, meaning that more males are educated than females among freed Kamaiyas.

CHAPTER III CURRENT SITUATION OF FREED KAMAIYAS

3.1 Introduction
This chapter deals with the current situation of freed Kamaiyas after liberation as an impact of liberation on their lives. It identifies the rehabilitation program and its situation, their livelihood strategies, and awareness, access and participation of the freed Kamaiyas on their rights and development activities.

3.2 Agencies Involved in Rehabilitation of Freed Kamaiyas

Before discussing the various programs on rehabilitation of freed Kamaiyas, it is better to discuss about various government, non-government, and international organizations and their activities focused to the freed Kamaiyas. These organizations have been working for the rehabilitation of freed Kamaiyas. They are classified into three broad categories such as Donor Agencies, Government Agencies, and Non-governmental Organizations (Table 3.1). As shown by the table, till now, 10 international donor agencies have been making effort to rehabilitate and empower the freed Kamaiyas since its liberation. Some of these organizations work through government, some through partner organizations (both national and local NGOs) and some work directly in the community (see Table). The budget mapping shows that the programs of all the organizations running during 2003 have a budget of about Rs. 700 million, which includes both cash and kind. Kind includes the materials such as rice, GI and polythene pipes, etc.
Table 3.1: Organizations and Their Activities for Rehabilitation of Freed Kamaiyas Organization Activities
Donor Agencies ILO/IPEC/DECL Focus: Education, Policy Advocacy, Skill Development Project Sustainable Elimination of Bonded Labour in Nepal (2000-2003) in 10 districts of far west, mid west and west Nepal prevent, rescue and rehabilitate children of FKs; enhance income of parents Five project components: Direct action, capacity building, awareness raising, research, monitoring and tracking Policy advocacy, OSP, NFE for adult, school support, Kamlahri rehabilitation, Need based support for sustainable rehabilitation including micro-health insurance Skill development, micro-finance, saving and credit, revolving fund Awareness campaigns on rights Implementation of minimum wages Campaigns on child rights, health and sanitation, family planning, rehabilitation of FKs, FKs in CFUGs; Organizing for rights, training, research studies, case study preparation, Organization strengthening, participatory monitoring and evaluation land based cooperative development Housing, Drinking water, irrigation, boring, toilet construction support Dress, fees support to children, higher education scholarship support

Action Aid Nepal Focus: Media advocacy, campaigns, policy influencing, capacity building, physical service infrastructure

10

GTZ/WFP IFAD Care Nepal Focus Relief for FKs

Save the Children US Focus Relief support

Lutheran World Federation Nepal Focus Relief support

MS Nepal Hellen Killer International Plan International

Rural road, agriculture, forest, river control and income generating activities Housing, drinking water, health and sanitation, livelihood development, extended agriculture, skill development, and irrigation Relief support in Kanchanpur and Kailali through a network of 17 local NGOs called Mukta Kamaiya Andolan Parichalan Samiti (MKAPS), headed by BASE; Directly purchased 257 bundle of galvanized iron sheets for roofing, rice, medicines, distribution of blankets, salaries of Community Medical Assistants, their travel costs and purchasing of cycles. Rescue and rehabilitation support through food, medicine, clothes, plastic, GI sheet, Hand pumps, treadle pumps distribution through local NGO (BASE and NNSWA) in five districts Support for low cost housing, housing for education, student support (schools dress, fees, stationery), health relief, advocacy Freed Kamaiya Rehabilitation Program was a contingency project, aiming to provide a permanent settlement for the displaced persons, working in 5 VDCs of Kailali district The initial phase of the program commenced with the construction of 376 low-cost houses, 2 schools, and agricultural activities for 189 households (operated by CEAPRED); Relief measures such as blanket, GI sheet, mosquito nets distribution Training risk management, social and culture education, care and maintenance Technical and financial support to community fishponds and kitchen fishponds initiated by disadvantaged communities. Domestic food production promotion for the increase of micro nutrient food availability and consumption Usual Criteria for target groups includes all marginalized; special FK focused interventions only in two clusters of two VDCs in Banke Kitchen gardening, Treadle pumps, toilets Focus on FK A (funded by IFAD) Habitation development, Livelihood promotion, Capacity strengthening of local bodies Housing, drinking water, sanitation, agriculture extension, irrigation, skill development training, working capital support 1 hand pump for every five houses, improved toilets; shallow tube well Land distribution, support for house construction; works through groups; supported by ILO Working modality through self-help groups Formation of saving credit groups, establishment of revolving fund for FKA & B, skill based training, networking ILO support and working in Banke, Bardiya, OSP class, skill based training, sewing and cutting training Works with women and children for social justice through various types of groups e.g. savings credit, health revolving fund, health management fund etc. Health related training, clinic services, training on sewing cutting, girls and women education Targeted projects for FKs Works through saving credit groups and in partnership with FKFSP in Kanchanpur Distributes seeds, physical and technical support for goat and pig raising, awareness and skill based training; with GTZ support provides tile machine, agricultural tools and hand pumps NFE, youth clubs, income generation activities; classes for out of school children, free admission into schools, administrative support to schools for admission of FK children

Government Agencies Poverty Alleviation Project Western Tarai (PAPWT)/MLD Focus FK A DW/Sanitation District Land Reform Office/ MLR&M Focus: Land distribution, support for house construction NGOs Rural Reconstruction Nepal Tharu Mahila Manch

SPACE

BASE

11

Supported house construction, Establishment of model nursery, seeds distribution, Kitchen gardening, chicken raising, running of child development center (for children between ages 3-5) in cooperation with DEO Health related works NEWAH Toilets, hand pumps installation Water, heath promotion First intervention as relief measure to increase access to clean water so and sanitation local wages provided Kamaiya Users' Group with Users' Committee responsible for fund release and training Funded by DFID Nepal CEAPRED Vegetable Farming, Kitchen gardening (funded by LWS) FAO-WIN Agriculture support interventions Compost fertilizer, treadle pump Mukta Kamaiya Samaj Working for advocacy and empowerment of Kamaiyas. Source: HURDEC (2003) and ActionAid Nepal (2003).

NNSWA

3.3 Freed Kamaiya Rehabilitation

Not only after the liberation but also from the very beginning of the movement of Kamaiyas for liberation, a number of local, national and international organizations have been working for the cause of Kamaiya and for the rehabilitation of Kamaiyas. It will not be prejudice to say that the credit for liberation of Kamaiyas goes to those NGOs and INGOs who worked for Kamaiyas from the very beginning against their slavery like system and for the liberation. Field survey found that many freed Kamaiyas undoubtedly pronounce the name of INSEC and BASE that have made incredible contributions to liberate them. After the liberation, the first and foremost job was to resettle and rehabilitate the Kamaiyas who have been free from their landlords. In order to resettle the freed Kamaiyas, government maintained registration and provided the identity card of four categories. This process made easier for the government to provide necessary facilities according to their specific categories. Not only the government but also the international organizations have been providing necessary supports to resettle and rehabilitate Kamaiyas. It has been reported that till now about Rs 700,000,000 have been spent for the cause of Kamaiyas. Whatever supports have been provided and received by the freed Kamaiyas from both government and non-government organizations till now are discussed in the following subsections. 3.3.1 Land According to the information from District Land Reform Office, out of 18,291 freed Kamaiya families identified, 12,092 families have received land and the total land area distributed is 2,361 Bigah 13 Kattha and 6 Dhur (Kandangwa, 2003). According to this survey, there are altogether 12,223 freed Kamaiya families registered in the government list, of which 11,313 were enumerated by the survey. Of the total enumerated, only 11,246 were cardholders and, of which, 10,765 (95.7%) have got land registration certificate and 481 (4.3%) families still do not have this certificate (Table 3.2).

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Under the Kamaiya rehabilitation program, the government targeted to provide 5 Kattha of land to each freed Kamaiya family irrespective of size of the family. However, of the total freed Kamaiya families enumerated, only 68.6 percent have got 5 Kattha of land and the remaining 31.4 have got less than 5 Kattha. Freed Kamaiya families who have got 3 Kattha or less are 17.6 percent and those who have got even one Kattha or less are 4.1 percent, that is 445 families. This means the government is failure to provide targeted support of land to the freed Kamaiya families. Five Kattha of land is not sufficient for even a single member family for the survival. This is only for the purpose of building house and a small kitchen garden. The type of land they got is diverse in terms of site and fertility. The survey found only 69 percent of the freed Kamaiya have land that is cultivable. The remaining 31 percent have land that is not cultivable. For instance, 15.5 percent reported that their land is rough and barren (rukkho), 13 percent have sandy at riverbank, and 2.4 percent have dewry land.
Table 3.2: Land and Its Use Among Kamaiyas Description Land registration certificate Yes No Total Land Received by Kamaiyas Up to 1 Kattha 1.01 to 2 Kattha 2.01 to 3 Kattha 3.01 to 4 Kattha 4.01 to 4.9 Kattha 5 Kattha Total Type of Land Sandy river bank Unirrigated (rukho) Deep (khaldo) Cultivable Total Land use Yes No Total Reason for not use Used by Landlord Used by Landless (Sukumbasis) Community forest Other Reasons NS Total % 95.7 4.3 100.0 4.1 7.6 5.9 12.5 1.3 68.6 100.0 13.0 15.5 2.4 69.1 100.0 91.4 8.6 100.0 33.5 32.6 1.6 18.1 14.2 100.0 N 10,765 481 11,246 445 818 633 1,342 139 7,388 10,765 1,401 1,669 256 7,439 10,765 9,836 929 10,765 311 303 15 168 132 929

Of the total who have land registration certificate, only 91.4 percent have been using land and 8.6 percent or 929 freed Kamaiya families are still not using land provided by the government. The reasons for not using land are the land are used by landlords (33.5%), used by landless people, and land are in the community forest (1.6%). The category of other reason is also found to be pertinent that constituted 18.1 percent. This other reason includes

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mainly the lands distributed to freed Kamaiya families are completely infertile such as discussed in the type of land above or that can not be used because it is in the riverbank, which will be flooded anytime by the river. Another reason included in other category is some of the families are still living in the landlords due to fear of hunger because the land distributed by government is not sufficient for their survival. The findings suggest that the government has made severe complications while distributing land to the Kamaiyas. Government allocated many lands that have been used by others such as landlords, landless, community forest, army camp, and National Park, even though these lands are unregistered (Ailani/Parti4). However, government is failed to reallocate those lands, which are already occupied by others. It seems that government did not consult any related partners and stakeholders while distributing land. For instance, as some Kamaiya informants reported, the government did not have collaborative efforts with forest division, commission for landless people, and even with local community. This situation created by government further created the conflict between Kamaiyas and other community people. Freed Kamaiyas complained such problems in concerned agencies. However, they did not find positive response. According to respondents, the response of the Land Reform Officer to their problem was, if you do not take this land, you would never get again. Our job is to give you land, it is up to you whether you live at that land or not. A camp is in bank of canal at Bouniya, the land distributed there was not for cultivation and just for living by making tent. They had also complained about the land problem during the visit of the then Land Reform Minister Ram Janam Chaudhari. The response of minister was, Are you Kamaiya or political leader? If you are Kamaiya, do accept whatever you are given. Use of land is also associated with the irrigation facility. The survey obtained information on it. Table 3.3 provides result on whether the freed Kamaiyas have irrigation facility for their newly received land. Finding shows that, of the total who have land, only 6.6 percent or 715 freed Kamaiya households have irrigation facility. Other 93 percent have to rely on rainwater and other source for their land.
Table 3.3: Irrigation Facilities Irrigation facility Yes No Total % 6.6 93.4 100.0 N 715 10,050 10,765

3.3.2 House Construction Support The government5 decided to distribute Rs. 10,000.00 and 75 cu. ft. of timber to each freed Kamaiya family rehabilitated in the camp for the construction of house. ILO provided assistance. Later on, government decided that the freed Kamaiya families themselves had to manage all the required materials for house construction including timber within this budget. Accordingly, two thousands were deducted from the source for the purpose of timber. Therefore, freed Kamaiya families received only Rs. 8,000.0 and 35 cu. ft. of timber. They
4

Ailani or Parti lands are those which are not registered in the name of any individual or organization. The ownership of such lands is government itself. But, many of such lands are occupied by farmers, landless people, community, and any organizations such as school, community forest, etc. Government here refers to local office of line agency of the Ministry of Land Reform.

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spent this grant only for other materials such as for roof, wall, etc and buying rickshaw and bull lock. But, many freed Kamaiyas had not received yet both money and timber. The survey provided the result whether the freed Kamaiya families received support for house construction or not. Table 3.4 shows that, of the total 11,246 freed Kamaiya families, only about 82 percent have received support from the government for house construction. Other 18 percent did not get any support for house construction. The Kamaiya people reported that the main reason why they did not get house construction support is that there is a conflict between VDC office and Land Reform Office. Initially, the Land Reform Office oneself distributed Rs. 8,000.0 to the Kamaiyas. The VDC office protested this procedure by saying that the Land Reform Office must require letter of recommendation from the VDC office and only on the basis of that letter Land Reform should provide money. Then, the Land Reform Office decided to ask letter from VDC office for each Kamaiya family for their support. However, VDC office denied to give letter of recommendation to the Kamaiyas by saying that they have already distributed Rs. 8,000.0 out of Rs. 10,000.0 then why do we give them letter for the remaining Rs. 2,000.0. At the result, the freed Kamaiya families have been victimized through the conflict between VDC and Land Reform Office. Consequently, almost 90 percent of the cardholder Kamaiyas are failed to get timber support for house construction.
Table 3.4: Support for House Construction House construction Yes No Total Timber support Yes No Total % 81.7 18.3 100.0 10.4 89.6 100.0 N 9,190 2,056 11,246 1,169 10,077 11,246

In addition to the government supports, a number of NGOs/INGOs have been working to support for rehabilitation of freed Kamaiyas. The survey collected the information on materials for the house construction supported by various organizations (Table 3.5). Finding shows that, of the total 11,246 cardholder freed Kamaiyas, a considerable majority of them have Tin or Tiles in their roof (65%). The second largest percentage of freed Kamaiya families have roof with straw (30.7%) and the negligible families have polythene or grass.
Table 3.5: Household Materials Household materials Roof materials Tile/Tin Straw Polythene /Grass Not Stated Total Wall material Straw Wood/Raw brick Polythene/Grass Brick Not Stated Total % 65.0 30.7 3.8 0.5 100.0 53.7 29.0 11.5 5.4 0.5 100.0 N 7,311 3,457 423 55 11,246 6,036 3,260 1,288 605 57 11,246

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In case wall materials, majority of the freed Kamaiyas have wall made of straw (53.7%). This is followed by those who have a wall made of wood or raw brick. Polythene or grass are also used by a significant percent of Kamaiya families and more than 5 percent have brick wall. 3.3.3 Drinking Water, Toilet and Health Facilities Of the total enumerated freed Kamaiya families, almost half depend on the public source of drinking water (Table 3.6). The public sources are mainly tube-well and deep-well. Another 22.9 percent have own private source such as tube-well and hand pump. There is also 17.8 percent of the Kamaiya families who depend on others private source for drinking water and 7 percent depend on other category of sources. Other includes pond, river, spring, etc.
Table 3.6: Drinking Water Facilities Drinking water Public Private own Private others Other NS Total % 49.5 22.9 17.8 7.0 2.8 100.0 N 5,604 2,588 2,017 791 313 11,313

Of the total freed Kamaiya families enumerated, 28 percent reported to have toilet facility (Table 3.7). Among those who have toilet, only 44 percent are using in a full swing, 11 percent are using partially or only some of the family members use the toilet. The remaining 45 percent do not use toilet at all. The main reasons why they do not use toilet are reportedly the toilet is closed to their home, if they go to toilet the dirty odor will affect their home. Another thing is that the water is not sufficient to maintain toilet clean, so they do not use toilet and think better to go outside toilet.
Table 3.7: Toilet Facility Have Toilet facility? Yes No Total Use of toilet Some All family members No one Total % 28.0 72.0 100.0 11.0 43.9 45.1 100.0 N 3,169 8,144 11,313 349 1,392 1,428 3,169

In order to generate information on health practice among freed Kamaiyas, a question was asked to the respondents that where do they usually go for treatment while they become sick? Table 3.8 provides this information. Of the total families enumerated, 62.4 percent reported that they go to health post at the time while they are sick. There is 8.2 percent or 931 Kamaiya families still go to traditional healer for treatment. However, 28.3 percent reported that they go to both traditional healer6 and health post.
Table 3.8: Health Practices Health Practices
6

Traditional healer of Tharus is called Guruba. The Guruba is not only traditional healer but also cultural priest of Tharus.

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Traditional healer Health post Both Total

8.2 63.4 28.3 100.0

931 7,178 3,204 11,313

3.3.4 Skill Development and Income Generating Activities As discussed above, a number NGOs and INGOs have been working for the empowerment and upliftment of freed Kamaiyas. Skill oriented and income generating training are also the components of these programs. The survey also sought for the information on such training. Finding shows that, of the total population enumerated, only 8.8 percent have received some training on skill development and income generating training (Table 3.9). The 8.8 percent would be 2,406 persons and among which 728 are females (3%) and 1,668 are males (5.9%). Males are involved in training from a total of 1,617 and females from 2,540 households. This means that females are only half of the males among those who have received training. From these training, persons from 2,157 households have been working as per training received. Among them, one person is doing job from each 52.9 percent of households, two persons are doing job from 3.2 percent households, and more than two persons are doing job from 0.2 percent of the households. The remaining 44 percent of the households have persons who received training that are either unable to get job or they did not want to report their answer during the survey. Freed Kamaiyas are self employed from 41.5 percent of the households, employed in others business from 14.7 percent of households and employed in both from 4.4 percent of the households.
Table 3.9: Skill Development and Income Generating Training Skill and IG trainings (Population) % Females having training (n=24,888) 3.0 Males having training (n=28,429) 5.9 Total 8.8 Work as per training (Households) Job by 1 person 52.9 Job by 2 persons 3.2 Job by more than 2 0.2 Unable to get job 20.8 Not Stated 23.0 Total 100.0 Use of training (Households) Self employed 41.5 Employed in others 14.7 Both 4.4 Not Stated 39.3 Total 100.0 N 738 1,668 2,406 1,140 69 4 448 496 2,157 896 318 95 848 2,157

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3.4 Current Livelihood Strategies for Feed Kamaiyas

3.4.1 Existing Agriculture System for Livelihood Of the total enumerated, census found 30.8 percent of the freed Kamaiya families to be working again in the others land (Table 3.10). The landlords are Jamindar and Kishan where they worked before liberation. The survey found a number of reasons why they are still working with their Kishan or Jamindar. First, the area of land they got is very small. Second, the land they got is not fertile, that is, either sandy in the riverbank or Danda/Pakha (foothills/slops/dry land) or Simsar (wetland) that can not be cultivated. Third, the lands they received are occupied by either landless (Sukumbasis) or other people. And, finally, there is no job opportunity for their survival because the freed Kamaiya camps are mostly settled in a new place, which are quite far from the village. The proportion of freed Kamaiya families working in other land is overwhelming in Dang (79.7%). It is followed by those in Banke (42%) and the lowest in Kailali. However, the number is largest in Kanchanpur, that is 1,346 of the total enumerated freed Kamaiya families. Among those who work in the others land, most of them are involved in Bataiya7 (91%). A very small percentage of them are involved in Kamaiya, rent, and Chaumali8. The survey found that there is still evidence of Kamaiya system even after its liberation. The percentage of Kamaiya is 4.4 among those enumerated families and the number is 152. This figure is even higher that is 12.2 percent those who still work with their landlords/masters (Sharma and Sharma, 2002). Looking at it would be insignificant when it is seen in proportion, but it is striking when it is seen in numbers.
Table 3.10: Existing Agriculture System Among Freed Kamaiyas Working Kamaiya Bataiya Kamaiya District % N Dang 79.7 366 50.0 21.9 Banke 42.0 208 98.1 1.0 Bardiya 36.2 685 91.8 5.4 Kailali 19.5 884 94.2 3.3 Kanchanpur 34.2 1,346 98.4 0.3 Total 30.8 3,489 90.9 4.4 Rent (Thekka) 26.8 1.0 2.5 2.5 1.3 4.5

Chaumali 1.4 0.3 0.2

The percentage of those involved in Bataiya system is almost uniformly distributed in four districts Banke, Bardiya, Kailali and Kanchanpur. In exception, only half the total enumerated freed Kamaiya families in Dang are involved in Bataiya. On the other hand, the highest percentage of freed Kamaiya families are still in Kamaiya system in Dang (21.9%), which is followed by Bardiya (5.4%) but is negligible. The similar pattern is found in those involved in rent and Chaumali system among freed Kamaiya families in Dang.

Bataiya is the system of sharecropping, in which the production will be divided to tiller and landlord with equal share. It is also called Adhiya. Chaumali is the agriculture system in mid-western and far-western Tarai of Nepal. In this system, tiller has to pay one-fourth of production to landlord for using land but has to manage everything for farming such as oxen or male buffaloes, seeds, fertilizers, etc.

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3.4.2 Current Activities of Freed Kamaiyas for Livelihood Current activities of freed Kamaiyas are displayed in Table 3.11. Findings show that, of the total freed Kamaiya population of 53,317, 56.1 percent are involved in own work such as agriculture, small business, and other activities that are borne by themselves. Another 17.9 percent are involved in non-agriculture sector labour. Both activities add to 74 percent This indicates an encouraging feature among Kamaiyas that they have begun to work independently, which could be seen as a big change among their activities. This proportion is significantly varied between females and males. The result indicates that proportion of females is more among those involved in own work and that of males is more among those involved in non-agriculture activities. For instance, the percentage of those involved in own work is 59.3 for females, whereas it is 54.1 for males. Contrary to this, the percentage of those involved in non-agriculture is only 10 for females, whereas it is 25.5 percent for males. However, freed Kamaiyas working with landlord for their survival are significant in proportion. For instance, 25.1 percent of them have been working as agriculture wage labour and another 3.6 percent working as bigah or salary with the landlord. Both add to almost 29 percent who are still under the landlord or Jamindar. It can be concluded that a considerable portion of freed Kamaiya population is not able to come out from the control of landlords even after the liberation. The proportion is considerably higher for males than for females among those who are involved in both agriculture wage labourer and bigah/ salary at landlord.
Table 3.11: Current Activities of freed Kamaiyas for Livelihood by Sex Females Males (n=24,888) (n=28,429) Main activities % N % N Own work (agri/business/etc.) 59.3 14,760 54.1 15,373 Non-agricultural Labour at others 10.0 2,483 25.5 7,258 Working as agri-wage labour at landlord 18.8 4,690 30.6 8,711 Working in bigah/salary at landlord 2.0 503 4.9 1,406 Out-migration for labour 2.8 695 7.4 2,103 Emigration for labour 0.4 98 4.7 1,333 Total (n=53,317) % N 56.1 29,912 17.9 9,525 25.1 13,401 3.6 1,909 5.2 2,798 2.7 1,431

Note: The percentage does not add to 100. It is because the denominator for percentage calculation is total number of male and female population given in the column heading and some populations are involved in two are more activities.

There is also a significant portion of freed Kamaiya population who migrated in search of job for their survival. They are 2,798 (5.2%) those who migrated outside the village but within the country and 1,431 (2.7%) those who migrated outside the country, that is India. Males are overwhelmingly dominant in migration, both internal and international. Nevertheless, the result indicates that Kamaiya have gained some freedom after liberation in terms of mobility. 3.4.3 Wage System The determination of wage rate in agriculture sector does not match the minimum wage fixed by the government. Sharma and Sharma (2002) found an average wage rate for the five Kamaiya districts is Rs. 72.38, higher than the minimum rate fixed by government. However, the wage rate is very much localized. It varies from one place to the other. It is not only localized, but also varied for men and women. Based on the discussion with freed Kamaiyas during the survey, it ranges from a minimum of Rs. 40.0 to a maximum of Rs. 120.0 per day.

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In Banke, the wage rate is Rs. 40.0 for women and Rs. 50.0 for men. It is somewhere Rs. 60.0 and somewhere Rs. 80 for both men and women in rural Bardiya, whereas it is up to Rs. 120.0 in Nagarpalika area in Bardiya. The rate is Rs. 100.0 with food for both men and women. The pattern of wage is not equal in different areas. Freed Kamaiyas reported that the wage is low where the agriculture work is lacked and the freed Kamaiyas are in a large number and the wage is relatively high where the opportunity of agriculture work is high and the freed Kamaiyas are in a small number. It indicates that the wage is determined somehow by the demand and the supply of labour. 3.4.4 Debt and Hunger It has been reported from the field survey that the freed Kamaiyas are happy enough because of being freed from the bonded and slavery system. But they have been facing a severe problem of hard life for survival these days. This issue is not only for the transitional phase. They do not see any pertinent solution even in the future. They unanimously blame the government for this cause that the government distributed the land only for making house not for supporting their livelihood. They do not have skill other than agriculture farming on the one hand and the opportunity of wage labour in non-agriculture sector is scarce on the other. The job opportunity is scarce not only in the non-agriculture sector, but also in the agriculture sector. They added that if the government could manage to distribute at least half bigah of land to each freed Kamaiya family, the problem might have been minimal. In order to cope this situation, many freed Kamaiya families are falling on the debt and hunger (Table 3.12). The survey found that almost 42 percent of the total freed Kamaiya families enumerated have debt taken for their survival as well as other purpose such as making house, treatment, marriage, and other religious ceremony. The debt on the average is 4,224 per freed Kamaiya families among those who have debt. The amount of debt ranges from a minimum of Rs. 30.0 to 600,000.0 for a family. According to the survey, the total amount of debt to the freed Kamaiyas has reached to Rs. 19,982,265 until the date of survey. Another severe situation that can be seen is that the interest rate is unexpectedly high. It ranges from Rs. 1 to 26.0 per month per Rs. 100.0. The rates of interest most of the freed Kamaiyas paying are Rs. 5, 2, and 3 per month per Rs. 100.0.
Table 3.12: Situation of Debt Among Freed Kamaiyas Status of Debt % Households taken debt 41.8 Households not taken debt 58.2 Total HHs 100.0 Description of Debt Debt (Rs.) Aggregate average 4,224 Minimum 30 Maximum 600,000 Sum of total debt 19,982,265 N 11,313 N 4,730 6,583 11,313

The condition of indebtedness is very severe during the food deficit in July-August. The local moneylenders take advantage of this condition to provide loans with interest rates as high as 250 percent. To quote Dhakal et al. is appropriate to explain the situation here.

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During the food deficit situations in July-August, the local landlords, rich farmers, traders and even schoolteachers and others provide loans, which the local peasants repay after the harvest of paddy. For every Rs. 400 borrowed, they have to repay 1 quintal (100 kg) of paddy. The price of 1 quintal of paddy at the time of study at local rate was Rs. 850. The interest of this loan can go as high as 250%. It is an example of exploitation and unequal economic exchange. The existing law prohibits interest rate above 25% in kind and 10% in cash. (Dhakal et al., 2000:43).

Staying hunger is common and another serious problem among freed Kamaiyas. The freed Kamaiyas report that they have to stay hunger mostly during month of Shrawan and Bhadra. According to them, these two months are just after the paddy plantation is over, when all the reserved food grains are finished, agriculture labour market is off, money lender also do not lend money. Therefore, they have a hard life during these months. The survey also tried to quantify the situation of hunger among freed Kamaiyas. A question about whether they stayed hunger during the last one month prior to the survey. The result shows that, of the total enumerated freed Kamaiya families, 28 percent stayed hunger during the last month (Table 3.13). There is also 8.7 percent who did not respond to the question on hunger. Most of them also might have stayed hunger but did not report because of shyness.
Table 3.13: Hunger Among Freed Kamaiyas During Last Month Preceding the Survey Status of Hunger % N Yes 28.0 3,173 No 63.2 7,151 Not Stated 8.7 989 Total 100.0 11,313

There is a serious lack of job opportunity around the camp. Most of the men migrated to India and other parts of the country for job. Women, mothers, are the ones who have to face hunger of kids and themselves in the camp. A woman in Muktinagar Camp of Bardiya expresses her grief with cry, I can sleep with hunger at night, but I can not tolerate cry and trouble of my kids with hunger (Kahariya, 2003:30). This case supports to the information on hunger discussed above.

3.5 Access and Participation of Freed Kamaiyas

3.5.1 Awareness on and Access to Citizenship Table 3.14 displays practice of citizenship rights among freed Kamaiyas. The result shows that, out of the 11,313 households enumerated by the survey, 22.7 percent or 2,569 households have family members who do not have citizenship certificate. From these households, 7,254 are females and 2,351 are males constituting more than three-fourth females.

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Table 3.14: Practice of Citizenship Rights Citizenship certificate Yes No Total No citizenship Females with no citizenship Males with no citizenship Total

% 77.3 22.7 100.0 75.5 24.5 100.0

N 8,744 2,569 11,313 7,254 2,351 9,605

The information on reasons was obtained on the basis of household. Most of the reasons listed from the survey are related to accessibility, affordability, and awareness. Majority of both females (57.4%) and males (53.4%) who do not have citizenship reported be due to not able to afford the cost required for making citizenship certificate (Table 3.15). Even though the real cost of citizenship certificate is minimal, the whole cost required for travel, lodging and fooding for staying at the district headquarter, and administrative hurdle is expensive, which the Kamaiya people can not afford. Not having citizenship among about one-fourth of both females and males is due to that they did not feel the citizenship certificate is needed. They simply response the question on the reason for not having citizenship that they do not go for GOs and NGOs service because they are illiterate, they do not have to buy land because they do not have money, so why do they need it.
Table 3.15: Reasons for No Citizenship Certificate Females Reasons for no citizenship % Not able to afford 57.4 Not needed 25.3 No recommendation 3.8 No required documents 3.7 Administrative hurdle 3.1 Not aware 1.8 Other 3.7 Reason NS 1.1 Total 100.0 Males % 53.4 24.4 5.2 4.7 3.9 2.1 5.1 1.3 100.0

N 3,452 1,521 230 223 186 109 225 69 6,015

N 964 441 93 84 70 37 92 23 1,804

No recommendation was made by the VDC personnel; they do not have required documents such as fathers citizenship and the recommendation of VDC, etc.; administrative hurdle such as asking for unnecessary documents, time consuming, misbehaviour of civil servants, etc.; and not aware of the citizenship rights are also the important reasons why they do not have citizenship certificate. 3.5.2 Access and Participation in Community Forestry Access and participation of freed Kamaiya households in the community forest is less than one-third, that is 31.1 percent (Table 3.16). Among those who are in the community forest, males are involved from more than two-third of the households (69%), females are involved from 30 percent of the households and both males and females are represent from 1.6 percent of households. The findings suggest that access and participation of freed Kamaiyas in the community forest is not so encouraging.
Table 3.16: Participation in Community Forest Member in Community forest 22 % N

Yes No Total Who is in Community forest Female Male Both Total

31.1 68.9 100.0 30.0 68.4 1.6 100.0

3,516 7,797 11,313 1,055 2,406 55 3,516

3.5.3 Awareness and Use of Voting Rights Questions on the awareness and practice of voting rights were asked to Freed Kamaiyas in the survey. The information obtained from the survey is displayed in Table 3.17. Of the total enumerated households of freed Kamaiyas, the respondents reported that they were involved in the vote casting of last local election from 75.6 percent of the households. Kamaiyas from 24.4 percent of the households did not involve in the last local election. The survey also obtained the information on the reasons why they did not involve in vote casting in the last election. The respondents listed some pertinent reasons for not voting, such as not in the voter list, no citizenship, landlord did not let to vote, and unaware about listing the name in the voter list. The percentage share of all these reasons altogether is 66.7, which is almost two third of the total households from which no one was involved in vote casting in the last local election. These reasons are solely related to awareness and inaccessibility of voting rights among Kamaiyas and they are also interrelated each other.
Table 3.17: Practice of Voting Rights Whether vote in the last election? Yes No Total Reasons for not casting vote Not in the voter list Low age No citizenship Landlord did not let Unaware about listing Absent Other Reason NS Total % 75.6 24.4 100.0 44.8 24.4 14.3 4.2 3.4 2.2 1.4 5.2 100.0 N 8,553 2,760 11,313 1,237 674 395 115 95 60 40 144 2,760

Technically, there are two main reasons to be ineligible for vote casting among those who are 16 years and above name is not listed in the voter list and no citizenship. On the basis of conversation with respondents, it came to know that landlords usually do not want their Kamaiyas to have citizenship and to let Kamaiyas to go for voting. The respondents expressed their grief during the interview in this way. Landlord says, why do you make citizenship? Does this citizenship certificate feed your family? When they go to VDC office for recommendation letter, the VDC secretary takes side of the landlord. Similarly, when they ask for listing their name in the voter list to the landlord, landlord says, are you going to be leader and do politics or work for your family?. The respondents also reported that, even if Kamaiyas are listed in the voter list, they are compelled to vote for a person of landlord. The evidence suggests that awareness on voting rights among the freed Kamaiyas is poor even if
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the participation seems to be much higher. But, the participation is not independent that they are entitled to use their rights. 3.5.4 Awareness and Participation in Free Kamaiya Movement At the beginning, no Kamaiyas believed that they would be free from such a slavery system. According to Kamaiyas, INSEC and BASE are the ones who involved in the free Kamaiya movement from the very beginning. These organizations convinced them to participate in the movement. Slowly, the participation of Kamaiyas in the movement increased and ultimately they became free from the landlord. The survey tried to obtain information on the participation of Kamaiyas in the free Kamaiya movement. Finding suggests that the overwhelming majority of the Kamaiyas from enumerated households (87%) were involved in the movement and Kamaiyas from only the 13 percent of families did not involve at all (Table 3.18). Among those who involved in the movement, 52.3 percent were involved by themselves in the movement, 32.4 percent reported that other family members were involved and 2.2 percent reported that all the family members were involved.
Table 3.18: Participation in Free Kamaiya Movement Description Involvement in free movement Self Other family member All members None Total Involvement before/After? Before freedom After freedom Before/after freedom Total Reasons for involvement For land For free SAUKI To free from Kamaiya For wage Other's influence Other Total Who encouraged? Kamaiya friends Self conscious NGO personnel Politician Intellectual/social worker Landlord Other Total % 52.3 32.4 2.2 13.1 100.0 13.4 64.9 21.7 100.0 76.7 11.8 6.9 1.9 1.6 1.2 100.0 57.1 25.9 11.0 2.8 1.7 1.1 0.4 100.0 N 5,919 3,665 245 1,484 11,313 1,320 6,373 2,136 9,829 7,535 1,161 676 183 157 117 9,829 5,608 2,544 1,086 273 166 109 43 9,829

The movement of the Kamaiyas is still continuing even after the liberation. It is because the issue of survival has not been settled properly by the government. They are in even more

24

difficulties after the liberation, especially for living arrangement, food, and job opportunity. Good example of it is that, currently, the Kamaiyas have captured the land of an old airport in the Dhangadhi for their living. Dharna in front of District Land Reform Office is continue. The demand is at least 10 Kattha of land to be distributed by the government for the Kamaiyas, which could help living arrangement and agriculture farming to support their livelihood. The survey also tried to obtain information on the continuation of movement. Among those who were involved in the movement, 21.7 percent reported that they have been involving continuously even after the liberation, 13.4 percent involved only before liberation and 65 percent involved only after the liberation. The result also shows that their belief on movement increased only after the liberation. The most important reason for being involved in the free Kamaiya movement is the land that 76.7 percent of the respondents reported. This is followed by those reported to be free from their SAUKI9 (11.8%) and to be free from Kamaiya (6.9%). Findings of reasons clearly show that the primary need of the freed Kamaiyas is land. The survey also sought the information on the source of encouragement for Kamaiyas to be involved in the movement. Last panel of Table 3.18 shows that Kamaiya friend, one self, NGOs, politicians, intellectual and social worker are the ones who encouraged them to involve for their liberation. Among them, the most important source of encourage is the Kamaiya friends (57.1%) who have been involved in the movement from the very beginning. Second important source is their self-consciousness (25.9%) to be free from such slavery situation. NGOs as the source of inspiration comes at the third position (11%). The survey found two surprising features concerning source of inspiration for Kamaiyas to involvement in the movement. First, many NGOs claims that their contribution to the free Kamaiya movement is vital. However, only 11 percent of the freed Kamaiyas enumerated in the survey reported that they were inspired to be involved in the movement. Second, there are also some landlords who inspired their Kamaiyas to be involved in the free movement. For instance, 1.1 percent or 109 out of 9,829 Kamaiyas reported that they involved in the movement due to the inspiration of their landlord. 3.5.5 Access and Participation in Policy Making Process Information on access and participation of freed Kamaiyas in policymaking process was also obtained from the survey. The policymaking process implies here especially to after the liberation of Kamaiyas and all the programs and activities implemented by various government, non-government, and international organizations for the rehabilitation of freed Kamaiyas. And, it seeks to find out whether the freed Kamaiyas are involved in decision making process while formulating and designing programs and activities for themselves by GOs and NGOs. Table 3.19 shows that, of the total respondents interviewed, only 34.1 percent reported that they have been involved in the decision making process of programs run by the government. Similarly, 37 percent reported that they are involved in decision making process of the programs implemented by NGOs. The finding suggests that the participation of freed Kamaiyas in the policy making process is not so encouraging. Both government and nongovernment organizations are not seen to be serious in encouraged participation of beneficiaries in designing and implementing the programs.
9

Sauki is the debt for which person or family becomes debt bonded or Kamaiya and such debt never ends.

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Table 3.19: Participation in Policymaking Process Description Participation in decision making process in GOs Yes No Total Participation in decision making process in NGOs Yes No Total

% 34.1 65.9 100.0 37.0 63.0 100.0

N 3,860 7,453 11,313 4,183 7,130 11,313

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CHAPTER IV CHANGE OBSERVATION IN FREED KAMAIYAS

4.1 Introduction
This chapter is devoted to observe any changes in the freed Kamaiyas especially after the liberation. The changes are discussed in terms of social and cultural context, level of awareness and access to the resources and social and political activities, change in women and childrens lives, changes in livelihood and survival strategies, and the issues of freed Kamaiyas. The discussion is based on the information obtained from primary as well as secondary sources. Both quantitative and qualitative information are used from the primary source.

4.2 Change in Socio-cultural Context

Respondents reported that one of the major changes after the liberation is the cultural practice and social behaviour among freed Kamaiyas. Change in cultural practice refers here mainly to gradual disappearance of traditional costumes and practices. Change in wearing, mother tongue and the increased adoption of new Hindu festivals are more visible. It has been reported that young generation of freed Kamaiyas almost forgot their traditional dress such as Dhoti. Tendency of wearing shirt and pant among men is reportedly high. Similarly, wearing traditional dress especially among Rana Tharu women has almost been disappeared. Rana Tharu women have a typical traditional wear Huniya (in head), Angiya (blouse), Lehanga (long skirt). Similarly, Dagaura Tharus women wear Goniya and Choliya. These are only ceremonial today. As they reported, the main reason why they have left to wear their traditional dress is the interaction with outsiders such as people from other communities, government personnel, NGO personnel, and even sometimes foreigners. They report their experience that when they visit any office or government or NGO personnel with their traditional dress such as Begwa Pokata and Kamij, the official personnel tend to humiliate them and do not want to be close with them. On the contrary, when they visit them with shirt and pant the behaviour of officials they found different. Outsiders or strangers behave normal (non-discriminative) and address with respect when they wear shirt and pant. The issue of Tharu mother tongue is even more pertinent. The freed Kamaiyas reported that Tharu speakers have been disappearing rapidly. This has been observed after the liberation and even more significant since they resettled in the camps. The main reasons why their mother tongue has been disappearing are regular interaction with Nepali speakers such as in school, camps, development activities run by NGOs, INGOs, and even government, where and when they are compelled to speak Nepali. If they do not speak Nepali, they would fail to receive services and facilities from the development programs. Therefore, at the cost of liberation and rehabilitation, freed Kamaiyas have been losing their mother tongue as well. Loss of mother tongue and indigenous identity can also be seen due to change of the name of place into Nepali. Some examples are given in Table 4.1. This change refers to the process of Sanskritization of the Tharu indigenous identity in terms of the name of place where they
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have been living since century ago. The new names are mostly related to the words that reflect independence, freedom, achievements, and gods. The example of change in name of area is not clear whether the Tharus activists themselves changed or other Nepali speakers did. Nevertheless, it clearly indicates that the process of liberation is an instrumental to disappear Tharus indigenous identity.
Table 4.1: Sanskritization of Indigenous Name of the Place District Old (Indigenous) name New (Nepali) name Dang Lalmatiya Muktinagar Nayabasti Banke Bankhet Muktinagar Bardiya Jainpur Ram Basti Jantanagar Banjariya Muktipur Deudakala Shantinagar Sorhawa Ramnagar Takiya Govindapur Kailali Laubasta Muktipur Bhajani Krishnanagar Damaura Muktipur Manera Himmatpur Samjhanapur Nauniya Muktinagar Kanchanpur Kichahi Himmatpur

Freed Kamaiyas as well as NGO personnel reported that many freed Kamaiyas have become greedy and lazy. They do not work hard and look always for easy money. This sort of tendency is increasing among those who have closed contact with NGOs and its activities. It has been reported that degrading tendency in their habit is mainly due to the NGOs activities. There are many examples of a single person who have been trained repeatedly in a number of skill development training and involved in many activities run by NGOs. Such problems are due to the lack of coordination between NGOs and their programs. This circumstance has created another problem too. Along with being lazy and greedy, some freed Kamaiyas such as Aguwas are in conflict. They have high competition to take opportunities from NGOs programs and any sort of benefits. They fight each other and engaged leg pulling. The respondents reported that there was no such conflict between one Kamaiya to the other before liberation. This may be the pertinent weakness of the freed Kamaiyas.

4.3 Change in Awareness

While interacting with freed Kamaiyas in the camps in all five districts, every one can understand that the level of awareness of them has been increased tremendously after the liberation. They can understand their problems properly. They can talk about their issues with NGO personnel, government personnel, and any outsiders. This much of success is mainly due to the contribution of NGOs, Human Right Organizations, civil societies and political parties, who have been working for Kamaiyas from the very beginning of the movement of liberation.

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Dr. Sibesh Regmi10 is quite satisfied with the programs of ActionAid Nepal for the Kamaiyas and expresses his experience, the difference in the situation of Kamaiyas before and after liberation is just like sky and earth. Now they are capable to form collectives and organization, take leadership, and work for themselves. (Mukta Paila, 2003). Kandangwa (2003) also realized that despite whatever complications exist in rehabilitation, their confidence has been increased, they have become aware of their rights, and they began to be organized. One example is about Atuni, a freed Kamaiya woman. With the help of Danish students, Atuni came to Kathmandu, the place of King, in January 2004, met the Prime Minister and told everything they have problem about rehabilitation. A Danish student, Brigety Lind Peterson, was surprised that, even if the rehabilitation is not properly managed, the confidence and awareness increased among freed Kamaiyas is the most vital that is due to the liberation (Lamichhane, 2004). There are a number of organizations formed by themselves for their own development. For instance, Mukta Kamaiya Samaj is an organization, which has been deeply rooted among the freed Kamaiya community and spread through out the five Kamaiya districts. Organizers of this organization are young, energetic and enthusiastic. They have been working mainly for the advocacy and empowerment of freed Kamaiyas. One of the examples of their works is that the Mukta Kamaiya Samaj itself accomplished this survey by deploying enumerators from themselves. The supervisors for the field survey were also from the same organization. Tharu Mahila Manch is the organization run by the same community. It has been working with women and children for social justice through the collectives for saving/credit, health revolving fund, health management fund, etc. It also work on health related training, clinic service, training on sewing and cutting, and education for girls and women. There is also one organization related to media, Nepalgunj Media Centre, which works in local radio network and broadcast materials focusing on freed Kamaiya issues. The involvement in movement for the cause of freed Kamaiyas is another pertinent sector to examine the level of awareness. There have been series of movements even after the liberation. Issues are mainly related to proper rehabilitation and additional land that could be helpful for their survival. Table 4.2 displays the information that indicates increased awareness among Kamaiyas after liberation. Of the total 9,829 respondents who have involved in the movement, almost 65 percent reported that they involved in movement after the liberation, whereas there was only 13.4 percent who involved before liberation. The involvement of Kamaiyas in movement after liberation increased by about 5 times compared to before liberation. This is also supported by the expression of Kahariya (2003), a freed Kamaiya, that it is the pride of freed Kamaiyas that liberation of Kamaiya is the result of collective movement of Kamaiyas oneself.
Table 4.2: Involvement of Freed Kamaiya in Movement Involvement before/After? % Before liberation 13.4 After liberation 64.9 Before/after liberation 21.7 Total 100.0
Note: This table is extracted from Table 3.18.

N 1,320 6,373 2,136 9,829

10

Dr. Regmi is currently Country Director of ActionAid Nepal. This opinion is extracted from an interview with Dr. Regmi in a column Kurakani of MUKTA PAILA, Year 1, No. 1, 2060 VS.

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4.4 Change in Situation of Women and Children

As discussed above, the Kamaiyas are almost all Tharu. Tharu women, by an indigenous nature, enjoy freedom relative to Hindu women. Womens mobility, dressing style, and widow remarriage and divorce are socially accepted in the society (Dhakal et al., 2000). Due to which, the prevalence of trafficking and domestic violence among Tharu women is reportedly very low compared to other hill people (Gurung, 2003). However, the status of women among freed Kamaiyas is deplorable even today, even if the nature is different before and after liberation. Before liberation of Kamaiya, the living of women and children was not separate from Kamaiyas. They had to go to landlords house for work along with their husband or father or brother. Under the Kamaiya system, a Kamaiya should have woman family member to accompany him in work for the landlord. Woman who accompany her husband either are paid very low wage usually in kind of do not get paid. It is called Bukrahi and mostly it is wife of Kamaiya. Another woman, usually young girl and mostly daughter or sister of Kamaiya, also had to go to landlord house for household chore and other farm activities with very minimal pay, which is called Kamlahri. Arganiya may be either boy or girl from the Kamaiya family and their responsibility is mainly to herding cattle. These all are the different forms of exploitative labour system under the Kamaiya system. The Kamaiya women have also the duty to work in own house. In this way, they had double burden. The liberation of Kamaiya has definitely changed such a most exploitative labour relation. Now, women and children from freed Kamaiya families are not under the compulsion of such system. A freed Kamaiya woman of Manera camp in Dhangadhi expresses her happiness, at least we came out from the hell. Another negative side of the exploitative labour relations is that the Kamaiya women and girls were highly vulnerable of being sexually harassed and abused at workplace. Many anecdotal evidences suggest that many Bukrahis or Kamlahris have been harassed and abused by the masters, masters son and male friends. Nirmala 16 in Rajhena (Banke) camp, says, I have not faced any sexual harassment and abuse yet, but many friends say that their masters and their sons have tried to abuse them. We all were vulnerable to rape, it is the reality. But time has changed now. We are not more Kamaiyas and can work where we feel safe (MS Nepal, 2002:7). This survey obtained information on some changes in childrens lives. According to this survey, the child population aged 6-14 years occupies more than one-fourth of the total population enumerated from the 11,313 freed Kamaiya households and 12.1 percent are girls and 13.4 percent are boys among them. This figure indicates an unavoidable situation of the prevalence of child labour among freed Kamaiya families. Sharma and Basnyat (2001) estimated the prevalence of bonded child labour to be 30 percent among Kamaiya families. The bonded child labour is one of the worst forms of child labour recommended by ILO Convention 18211. This is higher by about 5 percentage points because it considers a quite wide range of age bracket, that is 5-17 years. Survey obtained information on whether changes among Kamaiya children are observed between before and after the liberation. Four activities were listed in the questionnaire to understand the changes. They are schooling, NFE attendance, work in landlords, and work in others. The result shows considerable changes in these activities between the period before
11

ILO, 1999, The International Convention of Worst Form of Child Labour, June 17, 1999, Convention 182.

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and after the liberation of Kamaiyas. This change is found to be highest in NFE attendance, which increased by 697 percent after liberation. This is followed by those involve in work in other (outside landlords). It increased by 135 percent after liberation. The change in schooling is observed to be by 84 percent. And, the change in work in landlord is found to be minimal. Children working in landlord decreased only by 8.1 percent even after the liberation. This should be seen quite seriously that the objective of liberation of Kamaiyas from landlord might be still incomplete. While looking this change according to gender, it is found that change in NFE, work in landlords, work in other is more pronounced among male than among female children. Change is found to be more pronounced only in schooling among females than males after the liberation. A striking finding the survey found that work in landlord increased among females after the liberation. This increase indicates that the Kamlahri system is continued in Kamaiya districts. BASE claims that there are still more than 2,000 Kamlahris (Kahariya, 2003). Many evidences also suggested the Kamlahri has been increasing mainly due to the starvation among Kamaiyas. Ghimire (21 January 2004) reports in the Kantipur Daily that, out of 150 Kamlahri liberated, 20 have already back to the landlords in the last Maghi. He also reports more than 200 children under 14 fled to India for job from Dang (20 July 2004). However, among males, work in landlord and others has increased drastically. This indicates that males began to work more independently, whereas females continued to work in landlord even after the liberation.
Table 4.3: Change in Activities of Kamaiya Children Aged 6-14 years Change between Schooling NFE attendance Work in landlord before and after Both Sexes Before 23.1 2.1 7.2 After 42.5 17.1 6.6 % Change 83.8 697.2 -8.1 Females Before 16.1 2.5 7.6 After 36.2 19.2 8.0 % Change 124.8 668.0 5.3 Males Before 29.5 1.8 6.8 After 48.2 15.2 5.3 % Change 63.4 744.4 -22.1 Work in other 1.6 3.7 135.2 2.2 4.3 95.5 1.0 3.2 220.0

The main reasons why the Kamaiya children work are listed in the table based on the information obtained from the survey. Table also displays the change in reasons for work between the period before and after liberation. A considerable majority reported that they worked in landlords and others to solve hand to mouth problem for both periods before and after the liberation. Other two reasons such as to pay debt and to go to school also seem to be important for why they work. The main reason why they become Kamaiya or bonded to the landlord is their debt and such system of debt never ends. The finding observed the change in this reason between the periods before and after the liberation. Work for both landlord and others to some extent decreased after the liberation, however, the change is negligible. Another reason is that the Kamaiya children work for landlords and others in the hope of schooling. This is
31

an easy method of convincing children and their families for their work that they will be sent to school during work. This reason for being child labour increased even after the liberation. This may be the shift from Kamlahri under the Kamaiya system. Apprenticeship is also one of the process for children to be child labour in rural and semifeudal society. Parents send their children to others house or workplace to learn work. Even though the proportion is minimal, it exists among the freed Kamaiyas and it increased considerably after the liberation. This may also be the shift from Kamlahri system similar to the schooling.
Table 4.4: Reasons for work before and after freedom Before Liberation Reasons for work % Reasons for work in landlord Hand to mouth problem 79.1 Unable to pay debt 9.4 To go to school 3.3 Apprenticeship 1.5 Parents discarded 0.7 Other 1.2 Reason NS 4.8 Total 100.0 Reasons for work in others Hand to mouth problem 67.7 Unable to pay debt 10.9 To go to school 6.0 Apprenticeship 3.5 Parents discarded Other 2.5 Reason NS 9.5 Total 100.0 After Liberation % 73.0 6.9 7.3 2.5 0.5 2.1 7.8 100.0 72.0 3.5 9.0 7.6 0.8 4.7 2.4 100.0

N 740 88 31 14 7 11 45 936 136 22 12 7 5 19 201

N 639 60 64 22 4 18 68 875 353 17 44 37 4 23 12 490

4.5 Change in Survival Strategy

No doubt the liberation from the Kamaiya (slavery) system is itself a big change in the lives of freed Kamaiyas. Before they were slaves, now they are human. A freed Kamaiya woman in Manera Camp (Dhangadhi) says, before we were in the cage or we were like dog tied by chain, now we are free we can move from one place to another and we can work on our own will and decision. This statement clearly exhibits the freedom from the bottom of the heart. There are 481 households which do not have land but land certificate among total enumerated households, 910 who were not living in the camps, and 3,089 households who have not been registered. They add up to 4,480 freed Kamaiya households who do not have land. There are also 8,000 freed Kamaiya households newly identified and they are under the process of registration. If they are put together the number freed Kamaiya families would be 12,480 who do not have land at all. Even though the others have land that does not support their livelihood that is only for making house to live. The labour market is very limited and highly competitive. Job is scarce not only in nearby, but also in the peripheral districts. A respondent in Geta (Dhangadhi) says, person is lucky if he/she gets job nearby the camp, and most of us are unlucky because we do not get job
32

nearby. He further adds, before we were in the cage but had work, now we are free but no work and food. This statement clearly exhibits the situation of survival of freed Kamaiyas. It is already 4 years and a number of donor agencies, government, and NGOs are busy in rehabilitation of freed Kamaiyas since liberation. Kandangwa (2003) reports till now national and international non-governmental organizations have spent altogether Rs. 700 million for the rehabilitation of freed Kamaiyas. These efforts, however, could not manage the proper rehabilitation of freed Kamaiyas. Survival along with health problem of freed Kamaiyas has been going serious day by day. But, the government does not have any alternative policy and strategies for the freed Kamaiyas to support their survival, neither the national and international non-governmental organizations have such strategies. Due to the problems in survival discussed above, freed Kamaiyas are now on their own to identify and look for the alternatives for survival. Three options are open for them i) back to the landlords; ii) migration; and iii) movement. New Forms of Kamaiyas or Bonded Labour As discussed in the previous chapter, many freed Kamaiyas are still in the Kamaiya system under the landlords. Almost all unregistered freed Kamaiyas are still Kamaiyas. Besides, many freed Kamaiyas who have already left the landlords are also returning to the landlords by regretting their leaving before. Such tendency has been increasing day by day. Survey found that extent of returning to the landlords is high in Dang compared to other districts. Until the date of survey, it was reported that more than 50 families were already back to the old landlord in Dang. Kantipur Daily reports that, of the total of 150 freed Kamaiya families in Lalmatiya (Dang), 20 have returned to the old landlords in the last Maghi (Ghimire, 2004). This tendency has been increasing in other four districts too. The Government has enacted Kamaiya Labour Prohibition Act after one and half years of the declaration of liberation of Kamaiya. It prohibits keeping Kamaiya and becoming a Kamaiya. In other words, now no one can be a Kamaiya and no one can keep a person Kamaiya. However, the Act does not have any specific provision against any other forms of bonded and forced labour. Then, in what condition of labour relation those freed Kamaiyas who have returned to the old landlords are working could be a pertinent question. Our field survey and some studies found that the forms of labour relations have changed in the way that could not be checked by the Kamaiya Labour Prohibition Act. The change has been observed in both adult and child labour system. Agriculture in Nepal is very much traditional one. Feudal system still exists in labour relations. As the Kamaiya system has been abolished, newer forms of exploitation emerged such as Adhiya (sharecropping), Bantma, Jirayat, and Begari systems. The landlords began to practice same kind of labour exploitation in different name as was in the Kamaiya system, which, however, could not be checked under the Kamaiya Labour Prohibition Act. According to Chaudhari (2002), there is 102 families at Bathuwataal of Motipur VDC in Bardiya are tilling land on Adhiya basis. To clarify the new system is exploitative and closed to Kamaiya system, it is better to quote Chaudhari,
Kamal Chaudhari is one of those who are engaged in Adhiya. His family is farming 3 bighas of land belonging to Baburam Pangeni, a landlord of Deudhakala VDC. In addition, he also tills another 3 katthas of land for his landlord without getting anything paid for his work, which is called Jirayat. Similarly, he has to send two of his family members to the landlords house to do household chores all the year by they get no wages. They have to do all the work including cleaning the cowshed, collecting

33

fodder, doing the washing-up and doing other work in the kitchen. The landlord makes them work throughout the day but do not give even food. For their work the landlord is committed to give only two pair of clothes, not wage. But, they are not sure whether they get it or not (Chaudhari, 2002:42).

Many freed Kamaiya children have again landed into forms of bonded labour, worst forms of child labour, for the survival. They are Organiya and Kamlahri. Even though these systems are under the Kamaiya system, the Act does not prohibit this system. Now, the terms of condition for freed Kamaiya children working as Organiya and Kamlahri is slightly different from before, but still in a form of forced and bonded labour. They work in monthly salary basis. The salary is very low and their parents will take that in advance. Consequently, the children are bound to work in any situation. Ban (2002:36) cites an editorial of Gorkhapatra Daily (2059 VS Bhadra 5), out of about 2,000 children in 3,000 freed Kamaiya families in Kanchanpur, more than half are bound to work in one or the other type of forced or bonded labour for their survival in different places. This sort of child labour is found to be increasing in both agriculture sector and non-agriculture these days. In agriculture sector, they work for landlords or farmers. Non-agriculture sectors are mainly domestic servants at various households, restaurants, and teashops in different parts of the country (Ban, 2002). Migration for Job Migration is another strategy for supporting survival among the freed Kamaiyas through out the five Kamaiya districts. Migration occurs both inside and outside the country wherever is the possibility of wage labour. It has been reported that many freed Kamaiya males migrated either to other parts of the districts or country or to India for job. The survey found 5.2 percent of the total freed Kamaiyas are out-migrants, who are working in other working in other parts of the country. Among them, 7.4 percent males and 2.8 percent are females. Percentage of those who migrated outside the country is 2.7, of which, 0.4 percent are females and 4.7 percent are males.
Table 4.5: Migration of Freed Kamaiyas for Survival by Sex Females Migration Status % N Out-migration for labour 2.8 695 Emigration for labour 0.4 98 N 24,888
Note: This table is extracted from Table 3.11.

Males % N 7.4 2,103 4.7 1,333 28,429

Total % N 5.2 2,798 2.7 1,431 53,317

Kantipur Daily in 20 July 2004 reported that hundreds of boys and girls from Deukhuri Valley have left for India to look for job. More than 50 are below the age of 14 years. Similarly, from Sonpur, Chailahi, Gadhawa, Gangaparasput and Gobardiha VDCs, about 200 girls including 13 freed Kamlahris have left the district to look for job (Ghimire, 2004).

Movement for Livelihood Surprising thing is that the Kamaiyas were freed due to their struggle. Against their struggle, the Government declared the liberation of Kamaiyas and they have been emancipated. But,

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sad thing is that the government did not give time to any homework for where to settle them and how to support their survival. Ministry of Land Reform decided to provide 5 Katthas for each freed family against their demand of at least 10 Katthas of land. Government, ultimately, failed to fulfill even its commitment. Some freed Kamaiyas got 5 Katthas, some received very less than 5 Katthas, some received land certificate but no land, and some received nothing. Many national and international non-government organizations also tried to rehabilitate freed Kamaiyas by pouring a large amount of money, but they also almost failed. Because, the situation of freed Kamaiyas has been going even worsen and worsen. Therefore, there is only one option left for the freed Kamaiyas to their survival. Freed Kamaiyas have realized that only they are the one who should do and who can do something for their cause. Doing by others for them is not the solution for them. Accordingly, freed Kamaiyas have begun to be united and organized to strengthen their voice and collective power. It is quite natural and not difficult for them to be organized in the movement. History of them is full of movement. Kamaiyas and/or Tharus are the ones who have been living with movement (Andolan) for about a century (see Appendix III). The movements are about the relationship between land and peasants. Kanara movement is the cumulative effect, which poses a significant indigenous peasant movement for land rights (Dhakal et al., 2000) and the liberation of Kamaiyas is also the result of their historical movement. Since the date of liberation, they are continuously involved in a series of movement. The movements are for livelihood, land and rehabilitation mainly (see Appendix III).

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CHAPTER V ISSUES AND RECOMMENDATIONS

This chapter deals with the issues on freed Kamaiyas in changing context. The issues raised here are mostly based on the findings generated from both quantitative and qualitative information obtained from the field survey. They are also based on the review of related publications. The recommendations are made correspondingly with the issues and only for those issues raised. Issue and Recommendation 1: Relationship between Tharus and Land Almost all freed Kamaiyas are Tharus. Tharus are indigenous to western Tarai. The word indigenous by definition comes along with the land and/or territory and the word Kamaiya does mean the relationship of land and status of tillers of soil in the Tharu culture (Dhakal et al., 2000). Chaudhari (2002) claims that these Tarai areas are the lands of Tharus it does not matter whoever ruled the country. However, process of nation building gradually detached the Tharus with their land. This process made Tharus Kamaiya, agriculture slave, in their own land. Until they were Kamaiyas, at least they had relation with their land, even though the land was not under their control. Liberation of Kamaiyas, ultimately, detached the relationship of Tharus with the land in all respects. Some organizations including Human Rights Commission strongly put demand on tenancy right (Mohiyani Hak) for Kamaiyas while liberating them (Pyakurel, 2000; Thapa, 2000). The then government was not interested to provide such rights to the Kamaiyas. Freed Kamaiya activists as well as some NGO personnel reported that it was because the government was favourable for the landlords and some ministers and local leaders were themselves landlords. In such situation, government did not take any decision that is unfavorable to the landlords. Thus, the government decided to provide 5 Katthas of land to each Kamaiya family without regarding whatever family size. Findings suggested that only some families received 5 Katthas, some received even less than a Kattha, and some received only registration certificate but not land. The lands received by many freed Kamaiya families are not cultivable. Some lands are occupied by National Park, some by army, some by community forest, some by landlords, and some by landless people. Even if some have got, the land is sufficient only to build a house but not for their survival. From this situation, the freed Kamaiyas are deprived of two fundamental rights at the same time. They are deprived of indigenous peoples right on the one hand and right to survival on the other. These two rights can be fulfilled simultaneously in a single step by providing land to the freed Kamaiya. There are two options for this step. First, the government should fulfill the demand, at least 10 Kattha of land be provided, to each freed Kamaiya family for which freed Kamaiya movement is going on since its liberation. The next option is that the tenancy right can be provided to the freed Kamaiyas. This decision would also solve the problem of freed Kamaiyas without any burden to the government. This option, however, is less practical and complicated both technically and legally. It is because it has been long time since liberation. The problem in identification of the landlords or farmers of the freed Kamaiyas may not be avoidable. So, the first option is more practical.

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A number of international conventions on human rights and indigenous peoples rights have protected the rights of the indigenous people over land and territory. One of them is ILO convention no. 169 (1989)12. However, Nepal has not yet ratified this convention. NEFIN13 has already begun lobbying and pressurizing the government to ratify it. According to Dr. Om Gurung14, ILO/Nepal in collaboration with NEFIN is organizing a National Dialogue Conference on the Promotion of ILO Convention 169 on Indigenous and Tribal Peoples in 19-20 January 2005. The ratification of this convention would make easier for lobbying and pressurizing the government in the issue of indigenous people and land. It would help not only the freed Kamaiyas but also the other many groups of endangered population, which are indigenous to the land. The NGOs and INGOs working for the freed Kamaiyas should also involve in lobbying and pressurizing the government for both providing 10 Kattha land and ratifying the convention 169. They should help creating awareness of freed Kamaiyas on such rights and incorporating it into demand of land in their movement. Issue and Recommendation 2: Education and Empowerment Capacity to achieve both survival and basic human rights can be achieved only through the education and empowerment of a society. Freed Kamaiya needs both components equally. The study found some positive initiation on it. There is some change observed among freed Kamaiyas after liberation in terms of awareness and school enrollment of freed Kamaiya children. However, it is not sufficient for them to be entitled for their survival and bargaining to protect their rights, which are the basics of freed Kamaiyas along with their rehabilitation. For this purpose, in addition to non-formal education, the priority should be given to formal education for the freed Kamaiya children. Non-formal education works only for adult and young adult who are not in the age of schooling. If formal education is given to all children, at least next generation of freed Kamaiya will possibly be mainstreamed in the process of development. The formal education should be focused more on vocational and technical education, which would be more practical for freed Kamaiyas to get fruit of education relatively more quickly. However, feasibility study is the most essential for its establishment. NGOs, INGOs and bi-lateral organizations could help in both ways for this issue. They could work on building pressure and lobbying the government to establish vocational schools and colleges for freed Kamaiyas on the one hand, and they could support the government for it on the other. The fund can be generated from within and outside the country. In addition to NGOs and INGOs, other bi-lateral, multilateral, and individual donor agencies can be asked for fund raising or support. Issue and Recommendation 3: Employment and Wage Employment and Wage is another issue for freed Kamaiyas. Tharus are primarily agriculturebased population. After liberation, freed Kamaiyas left their landlords and came to the camps that are mostly newly settled areas. Confinement of settlement in the camps, most of which are far from the area where agriculture land is, created employment problem. On the one hand, they are mostly illiterate and do not have any skill other than agriculture farming, so they can not go to other non-agriculture jobs and the job they do is lacked around the camps.
12

13 14

ILO Convention on Indigenous and Tribal Peoples, 1989 (No. 169), Article 13 protects the relationship of indigenous people with land and territory. Nepal Federation for Indigenous Nationalities (Nepal Aadibasi Tatha Janajati Mahasangh). Dr. Om Gurung, Anthropologist (TU), is presently General Secretary of NEFIN.

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This situation created that the demand of labour decreased drastically compared to supply of labour and, in turn, the wage also decreased in such areas. Minimum wage rate did not function. Wage rate varies from one place to the other. And, the wage rate they are getting seems to be very much exploitative in some places such as Banke and rural Bardiya. In this context, non-agricultural skill training and the enforcement of minimum wage rate in agriculture sector must be among the agendas of freed Kamaiya movement. Non-agriculture skill training would expand the scope of employment for freed Kamaiyas other than agricultural sector. NGOs and INGOs have already been working on this issue, but it has been reported that skill training till now is not much feasible and able to expand the employment of freed Kamaiyas. To make it successful, the feasibility study of job market and the strength and capacity of the freed Kamaiyas is the must. Government has already fixed the minimum wage. There are also some instances that the local government has also fixed the minimum wage rate such as Bardiya District Development Committee. However, minimum wage rate has not been operated on the one hand, and the minimum wage rate is quite older that is relatively low in present context. NGOs and INGOs working for the freed Kamaiyas should involve in lobbying and building pressure to both local and national government and should inspire free Kamaiyas to put demand in their movement. The agendas should be the revision of minimum wage rate and enforcement of minimum wage rate. Issue and Recommendation 4: Abolition of Feudal Labour Relations After the liberation of Kamaiya, the Kamaiya Labour Prohibition Act prohibits keeping Kamaiya. But, the Act is not clear against any other forms of bonded and forced labour. Landlords are taking benefit of this unclear Act. They are involved in the exploitation of freed Kamaiyas in their feudal agriculture system in the ways different from before. But the nature of the labour relations and exploitation is same. And, the victimization of not only freed Kamaiyas but also other poor is perfectly unavoidable because of poverty and employment scarcity. Therefore, government must revise the Kamaiya Labour Prohibition Act or enact new Act to address the abolition of all sorts of feudal and exploitative labour relations in both agriculture (Kamlahri, Organiya, Bantna, Jirayat, etc.) and non-agriculture sectors. A special focused should be given to the agriculture labour relations. It can be managed by regulating nature of work, hours of work, minimum of age, wage rate, etc., which will help eliminating exploitative labour relations for both adults and children. Looking at the nature of issue, the government is the prime responsible for eliminating all sorts of exploitative relations. However, the NGOs and INGOs can also have a great contribution to this issue. For this purpose, they should work both directly and indirectly. They should work directly to lobbying the government, on the one hand, and on advocacy among the freed Kamaiyas and many other political parties to raise the voice against such issues, which also ultimately contribute lobbying and pressurizing the government.

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Issue and Recommendation 5: Basic Human Rights In addition to the rights to survival and land rights (indigenous peoples rights) discussed in point 1, there are also some other basic human and minority rights, protected by international laws and conventions, that are to be protected by the state. They are rights to citizenship, right to safe life, right to culture and language. However, the state has not been serious to protect such rights not only for freed Kamaiyas but also for other minority groups of population. Findings suggest that about 23 percent of freed Kamaiyas aged 16 years and above do not have citizenship certificate. The main reasons for it are lack of evidence documents, recommendations, administrative hurdles and not able to afford for going to the district headquarter for citizenship. Making process easier can solve this problem. But the government must be serious on this issue. The government administration and security forces have accused the freed Kamaiyas of supporting Maoists and are, therefore, persecuting them without any justification (Ban, 2002:37). On the other hand, freed Kamaiyas are also facing threat of Maoists in everyday life as other people. They have become sandwiched of this conflict. Both parties do not understand the freed Kamaiyas problems properly. Consequently, freed Kamaiyas are deprived of rights to safe life. For the freed Kamaiyas to survive a safe life, NGOs and INGOs, especially working for human rights, should campaign and lobby both the government and insurgents. As the Tharus are one of the minority groups of Nepal, one of the basic and fundamental rights of minority people is to preserve and develop cultural heritage such as dress and language. As findings suggested, liberation process contributed somehow freed Kamaiyas to be sanskritized by leaving traditional dress, culture, and language. With the connection of outsider and NGO/ INGO personnel, both male and female freed Kamaiyas have been leaving wearing their traditional dress and speaking their language. Names of many places were converted into Nepali language. It is because almost all the persons working in NGOs, INGOs, and government agencies who have been interacted with the freed Kamaiyas are nonTharus and more particularly Nepali speakers. In order to protect their culture and language, any program designed by NGOs and INGOs with the target group of freed Kamaiyas should be in a way that does not hamper their culture and language. Issue and Recommendation 6: Strengthen Freed Kamaiya Movement Evidences suggest that even if the government has already distributed about 2400 bigah of land and non-governmental (both national and international) sectors have already spent about Rs. 700 million, the rehabilitation of freed Kamaiyas is not only incomplete but also resulted into the severe condition. Majority of the freed Kamaiya families have not received land. The land some have received is not sufficient to support their survival. There is no employment opportunity. Dying of disease and hunger is increasing day by day. Government is completely insensitive to freed Kamaiya issues. Therefore, the freed Kamaiyas do not have option other than movement to get rid of their survival, which they have been doing.

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As discussed in the above points, there are a number of pertinent issues related to freed Kamaiyas. The issues are mainly related to basic human and civil rights. Most of them could not be addressed through the NGOs and INGOs programs. Government is the one who can address those issues properly, but the government is not doing so. In such situation, what NGOs and INGOs can do is they should be supportive to the freed Kamaiyas movement. Support to movement and lobbying government and international agencies would be the effective contribution of NGOs and INGOs for the solution of freed Kamaiya problems. Instead of pouring money in miscellaneous programs, it would be better to support freed Kamaiya movement. If all the money to be spent on freed Kamaiya in a year is invested into the movement by sensitizing and lobbying government, national and international agencies, the problems on rehabilitation of freed Kamaiya would be permanently solved. For this purpose, a good and strong coordination among NGOs and INGOs is necessary. Issue and Recommendation 7: Coordination among NGOs/INGOs Failure of freed Kamaiya rehabilitation program is mainly due to the programs designed by non-government organizations and donor agencies for relatively short-term and populist basis. By nature, this sort of organizations does not involve in works that have long term effect. They seek for immediate results, which will not affect the lives of target group. In order to seek long term effect from the program of those non-governmental organizations, a good and strong coordination among them is required. This issue has been raising frequently by many NGOs/INGOs activists, civil society, and intellectuals in a series of workshops and seminars. Coordination among all the organizations working for freed Kamaiyas will eliminate the duplication of the program and strengthen the programs by maintaining single door policy. Government is the appropriate agency to coordinate programs from various organizations. For this purpose, NGOs and INGOs should campaign and lobby the government to take responsibility for coordinating programs designed and run for freed Kamaiyas. Government should form Freed Kamaiya Rehabilitation Coordination Committee (FKRCC) under the chairmanship of line ministry. In the committee, secretary from the line ministry should be member secretary and other necessary members should be selected from concerned INGOs and NGOs including civil society and political parties.

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CHAPTER VI SUMMARY AND CONCLUSION

6.1 Background
The situation and the needs of the Kamaiyas have been changed after the liberation and the focus of advocacy and livelihood support is necessary to change accordingly. In order to understand new situation of freed Kamaiyas and their issues after the liberation, the ActionAid attempts this study to provide baseline information that presents the current situation of freed Kamaiyas and their issues to be addressed by the future program of ActionAid. This baseline study also seeks, in addition to establish baseline information, to explore changes in the issues of freed Kamaiyas departed from situation when they were Kamaiyas. The study is based on primary data collection and the data are quantitative. It also utilizes qualitative data that were collected during the survey and secondary information to understand the situation of Kamaiyas before freedom to compare against current status. Census of the Kamaiya households was conducted in order to gather quantitative information.

6.2 Summary of the Findings

6.2.1 Introduction to the Freed Kamaiyas

Survey identified altogether 15,312 households, among which 12,223 are registered and 3,089 are unregistered as freed Kamaiyas by the government. Of the total registered ones, 910 households were not found in the camp and only 11,313 households were interviewed. Therefore, the analysis for this study is based on only these 11,313 households. According to survey, the number of freed Kamaiya households is highest in Kailali (6,043), which is followed by Kanchanpur (4,921) and the lowest in Dang (851) and Banke (936). The number of unregistered households is also highest in Kailali 1,425) and the lowest in Bardiya (184). Among the Kamaiyas, 97.6 percent are Tharus spreading through out the five far-western and mid-western Tarai districts, namely Dang, Banke, Bardiya, Kailali, and Kanchanpur. Of the total enumerated freed Kamaiya families, 67 families are reported that they have not received ID card from the government until the time of survey, even though they have already been registered. Among those who have card, 78.4 percent have red card and about 20 percent are blue cardholders. Yellow and white cardholders are relatively few that it is little more than 100 for each. The census identified 3,089 Kamaiya families that are not registered under any category of the government list. The percentage of unregistered Kamaiyas Kailali district constitutes 46.1 percent, Kanchanpur constitutes 23.5 and it is lowest in Bardiya (6%).

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The main reasons why they were not registered are landlord did not tell them about it or landlord played role not to reach information about registration to their Kamaiyas.

Total population from 11,313 households enumerated is 66,143. The average family size is 5.8, which is relatively higher than the national average that is 5.4. Of the total population, males are 52.5 and females are 47.5 percent. The freed Kamaiya population is relatively younger one. The literacy rate is found to be 32 percent of this population, which is far below the national average. The literacy among females is lower than among males by almost 13 percentage points. Of the total who are literate, 17.5 percent have some primary education, 3.6 percent have some secondary level of education but less than SLC, and only a very negligible proportion have acquired SLC and above education.

6.2.2 Current Situation of the Freed Kamaiyas Rehabilitation

Until the date of survey, 10 international donor agencies have been working for the rehabilitation and empowerment of the freed Kamaiyas since its liberation. Some work through government, some through partner organizations (both national and local NGOs) and some work directly in the community. The budget mapping shows that the programs of all the organizations running during 2003 have a budget of about Rs. 700 million, which includes both cash and kind. District Land Reform Office has recorded that out of 18,291 freed Kamaiya families identified, 12,092 families have received land and the total land area distributed is 2,361 Bigah 13 Kattha and 6 Dhur. According to this survey, of the total enumerated, only 11,246 were cardholders and, of which, 10,765 (95.7%) have got land registration certificate and 481 (4.3%) families still do not have this certificate. Of the total freed Kamaiya families enumerated, only 68.6 percent have got 5 Kattha of land and the remaining 31.4 have got less than 5 Kattha. Freed Kamaiya families who have got 3 Kattha or less are 17.6 percent and those who have got one Kattha or less are 4.1 percent (445 families). The survey found 69 percent of the freed Kamaiya having cultivable land. The remaining 31 percent have land that is not cultivable. The survey found that only about 82 percent have received support from the government for house construction. The main reason why they did not get house construction support is that there is a conflict between VDC office and Land Reform Office. A number of NGOs/INGOs have also supported to freed Kamaiyas for rehabilitation. A considerable majority of them have Tin or Tiles in their roof (65%), followed by those who have roof with straw (30.7%). Majority of the freed Kamaiyas have straw wall (53.7%), which is followed by those who have a wall of wood or raw brick.

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Almost half of freed Kamaiyas depend on the public source of drinking water. The public sources are mainly tube-well and deep-well. Another 22.9 percent have own private source such as tube-well and hand pump. There are also 17.8 percent of the Kamaiya families who depend on others private source for drinking water. Of the total freed Kamaiya families enumerated, 28 percent reported to have toilet facility. Among those who have toilet, only 44 percent are using in a full swing, 11 percent are using partially or only some of the family members use the toilet. Of the total families enumerated, 62.4 percent reported that they go to health post at the time while they are sick. There are 8.2 percent of the freed Kamaiya families still going to traditional healer for treatment. However, 28.3 percent reported that they go to both traditional healer and health post. The survey found that only 8.8 percent have received some training on skill development and income generating training. Females are only half of the males among those who have received training. From these training, persons from 2,157 households have been working as per training received.

Economic Activities

Of the total enumerated, census found 30.8 percent of the freed Kamaiya families to be working again in the others land. The reasons why they are still working with their Kishan are: i) the are of land they is very small; ii) land is not fertile; iii) the lands are occupied by others; and iv) no job opportunity for their survival because the freed Kamaiya camps are mostly settled in an isolated area. The proportion of freed Kamaiya families working in other land is overwhelming in Dang (79.7%). It is followed by those in Banke (42%) and the lowest in Kailali. However, the number is largest in Kanchanpur that is 1,346. The survey found that 56.1 percent are involved in own work such as agriculture, small business, and other activities that are borne by them. Another 17.9 percent are involved in non-agriculture sector labour. Both activities add to 74 percent Freed Kamaiyas working with landlord for their survival are also significant in proportion. For instance, 25.1 percent of them have been working as agriculture wage labour and another 3.6 percent working as bigah or salary with the landlord. Both add to almost 29 percent who are still under the landlord or Jamindar. There is also a significant portion of freed Kamaiya population who migrated in search of job for their survival. They are 2,798 (5.2%) those who migrated outside the village but within the country and 1,431 (2.7%) those who migrated outside the country, that is India. Males are overwhelmingly dominant in migration, both internal and international. The determination of wage rate in agriculture sector does not match the minimum wage fixed by the government. It ranges from a minimum of Rs. 40.0 to a maximum of Rs. 120.0 per day. In Banke, the wage rate is Rs. 40.0 for women and Rs. 50.0 for men. It is

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somewhere Rs. 60.0 and somewhere Rs. 80 for both men and women in rural Bardiya, whereas it is up to Rs. 120.0 in Nagarpalika area in Bardiya.

Many freed Kamaiya families are falling on the debt and hunger. The survey found that almost 42 percent of the total freed Kamaiya families enumerated have debt taken for their survival. Staying hunger is common and another serious problem among freed Kamaiyas that 28 percent stayed hunger during the last month.

Awareness and Participation of Freed Kamaiyas

Of the 11,313 households enumerated by the survey, 22.7 percent or 2,569 households have family members who do not have citizenship certificate. From these households, 7,254 are females and 2,351 are males constituting more than three-fourth females. Most of the reasons listed from the survey are related to accessibility, affordability, and awareness. Such as they are not able to afford the cost of making citizenship certificate, did not feel the citizenship certificate is needed, no recommendation was made by the VDC personnel; they do not have required documents, administrative hurdle, not aware of the citizenship rights. Only the 31.1 percent of the freed Kamaiya households are involved in the community forest. Among them, males are involved from more than two-third of the households (69%), females are involved from 30 percent of the households and both males and females are represent from only 1.6 percent of households. Of the total enumerated households of freed Kamaiyas, 24 percent reported that they did not vote in the last local election. There are two main reasons to be ineligible for vote casting among those who are 16 years and above name is not listed in the voter list and no citizenship. The survey found that overwhelming majority of the Kamaiyas from enumerated households (87%) involved in the movement. The most important reason for being involved in the free Kamaiya movement is the land that 76.7 percent of the respondents reported. This is followed by those reported to be free from their SAUKI (11.8%) and to be free Kamaiya (6.9%). Of the total respondents interviewed, only 34.1 percent reported that they have been involved in the decision making process of programs run by the government. Similarly, 37 percent reported that they are involved in decision making process of the programs implemented by NGOs.

6.2.3 Change Observation in Freed Kamaiyas Socio-cultural Context

Young generation of freed Kamaiyas almost forgot their traditional dress such as Dhoti. Rana Tharu women have a typical traditional wear Huniya (in head), Angiya (blouse), and Lehanga (long skirt). Similarly, Dagaura Tharus women wear Goniya and Choliya. Main reason why they have left to wear their traditional dress is the interaction with

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outsiders such as people from other communities, government personnel, NGO personnel, and even sometimes foreigners.

The freed Kamaiyas reported that Tharu speakers have been disappearing rapidly, especially after the liberation. The main reasons why their mother tongue has been disappearing are regular interaction with Nepali speakers such as in school, camps, and development activities run by NGOs, INGOs, and even government. Loss of mother tongue and indigenous identity can also be seen due to change of the name of place into Nepali. The new names are mostly related to the words that reflect independence, freedom, achievements, and gods. Freed Kamaiyas as well as NGO personnel reported that many freed Kamaiyas have become greedy and lazy. They do not work hard and look always for easy money. It has been reported that degrading tendency in their habit is mainly due to the NGOs activities. Along with being lazy and greedy, some freed Kamaiyas such as Aguwas are in conflict. They have high competition to take opportunities from NGOs programs and any sort of benefits. They fight each other and engaged in leg pulling. The respondents reported that there was no such conflict between one Kamaiya to the other before liberation.

Awareness

The difference in the situation of Kamaiyas before and after liberation is just like sky and earth. Now they are capable to form collectives and organization, take leadership, and work for them. Despite whatever complications exist in rehabilitation, their confidence has been increased, they have become aware of their rights, and they began to be organized. There are a number of organizations formed by themselves for their own development. Mukta Kamaiya Samaj is deeply rooted among the freed Kamaiya community and spread through out the five Kamaiya districts. Tharu Mahila Manch is working with women and children for social justice through the collectives for saving/credit, health revolving fund, health management fund, etc. Nepalgunj Media Centre is working in local radio network and broadcast materials focusing on freed Kamaiya issues. The involvement in movement for the cause of freed Kamaiyas is another pertinent sector to examine the level of awareness. There have been series of movements even after the liberation. Issues are mainly related to proper rehabilitation and additional land that could be helpful for their survival.

Women and Children

Before liberation of Kamaiya, the living of women and children was not separate from Kamaiyas. They had to go to landlords house for work along with their husband or father or brother. The liberation of Kamaiya has changed such a most exploitative labour

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relation. Now, women and children from freed Kamaiya families are not under the compulsion of such system.

Kamaiya women and girls were highly vulnerable of being sexually harassed and abused at workplace. But they are they are free from such vulnerability. It was estimated that the prevalence of bonded child labour was to be 30 percent among Kamaiya families. NFE attendance among freed Kamaiyas is found to be high after the liberation, which increased by 697 percent after liberation. This is followed by those involved in work in other (outside landlords). It increased by 135 percent after liberation. The change in schooling is observed to be by 84 percent. And, the change in work in landlord is found to be minimal. Children working in landlord decreased only by 8.1 percent even after the liberation. While looking this change according to gender, it is found that change is found to be more pronounced in schooling among females than males after the liberation. A striking finding the survey found that work in landlord increased among females after the liberation. This increase indicates that the Kamlahri system is continued in Kamaiya districts.

Survival Strategy

The labour market is very limited and highly competitive. Job is scarce not only in nearby, but also in the peripheral districts. Health problem of freed Kamaiyas has also been going serious day by day. Due to the problems in survival discussed above, freed Kamaiyas are now in their own to identify the alternatives for survival. Three options are open for them i) back to the landlords; ii) migration; and iii) movement. Many freed Kamaiyas are still in the Kamaiya system under the landlords. Almost all unregistered freed Kamaiyas are still Kamaiyas. Besides, many freed Kamaiyas who have already left the landlords are also returning to the landlords by regretting their leaving before. However, the form of labour relations has been changed because Kamaiya Labour Prohibition Act prohibits keeping Kamaiya and becoming a Kamaiya. The newer forms of exploitation emerged such as Adhiya (sharecropping), Bantma, Jirayat, and Begari systems. The landlords began to practice same kind of labour exploitation in different name. Similarly, many freed Kamaiya children have again landed into forms of bonded labour, worst forms of child labour, for the survival. They are Organiya and Kamlahri. Even though these systems are also under the Kamaiya system, the Act does not prohibit this system. This sort of child labour is found to be increasing in both agriculture sector and non-agriculture these days. The migration occurs both inside and outside the country wherever is the possibility of wage labour. The survey found 5.2 percent of the total freed Kamaiyas are out-migrants, who are working in other working in other parts of the country. Among them, 7.4 percent

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males and 2.8 percent are females. Percentage of those who migrated outside the country is 2.7, of which, 0.4 percent are females and 4.7 percent are males.

Kamaiyas have been involved in movement continuously before and after the liberation. They have not been properly rehabilitated. Consequently, they have been facing severe problems of survival. For which, there is only one option left for the freed Kamaiyas to their survival. Accordingly, freed Kamaiyas have begun to be united and organized to strengthen their voice and collective power to continue their movement.

6.2.4 Issues and Recommendations Relationship between Tharus and Land

Tharus are indigenous to western Tarai and indigenous by definition comes along with the land and/or territory. Process of nation building detached the Tharus with their land, which is against the ILO convention no. 169 (1989) that protects rights of the indigenous people over land and territory. The NGOs and INGOs working for the freed Kamaiyas should involve in lobbying and pressurizing the government for both providing at least 10 Katthas of land and ratifying the convention 169.

Education and Empowerment Capacity to achieve both survival and basic human rights can be achieved only through the education and empowerment of a society. Freed Kamaiya needs both components equally. The priority should be given to formal education for the freed Kamaiya children. Non-formal education works only for adult and young adult who are not in the age of schooling.

NGOs, INGOs and bi-lateral organizations could help in both ways. They could work on building pressure and lobbying the government to establish vocational schools and colleges for freed Kamaiyas on the one hand, and they could support the government for it on the other by generating fund from within and outside the country.

Employment and Wage

Tharus are primarily agriculture-based population. After liberation, freed Kamaiyas left their landlords and came to the camps that are mostly newly settled areas. Confinement of settlement in the camps created employment problem. The demand of labour decreased drastically compared to supply of labour and, in turn, the wage also decreased in such areas. Even if they get job, the wage rate they are getting is very much exploitative in some places such as Banke and rural Bardiya. In this context, non-agricultural skill training and the enforcement of minimum wage rate in agriculture sector must be among the agendas of freed Kamaiya movement. Nonagriculture skill training would expand the scope of employment for freed Kamaiyas other than agricultural sector.

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NGOs and INGOs working for the freed Kamaiyas should involve in lobbying and building pressure to both local and national government and should inspire free Kamaiyas to put demand in their movement. The agendas should be the revision of minimum wage rate and enforcement of minimum wage rate.

Abolition of Feudal Labour Relations

The Kamaiya Labour Prohibition Act prohibits keeping Kamaiya. But, the Act is not clear against any other forms of bonded and forced labour. Landlords are taking benefit of this unclear Act. They are involved in the exploitation of freed Kamaiyas in their feudal agriculture system in the ways different from before. The victimization of not only freed Kamaiyas but also other poor is perfectly unavoidable because of poverty and employment scarcity. Government must revise the Kamaiya Labour Prohibition Act or enact new Act to address the abolition of all sorts of feudal and exploitative labour relations in both agriculture (Kamlahri, Organiya, Bantna, Jirayat, etc.) and non-agriculture sectors. NGOs and INGOs can also have a great contribution that they should work directly to lobbying the government, and on advocacy among the freed Kamaiyas and many other political parties to raise the voice against such issues, which also ultimately contribute lobbying and pressurizing the government.

Basic Human Rights

The freed Kamaiyas have been deprived of the basic human rights that are protected by international laws and conventions. They are rights to citizenship, right to safe life, right to culture and language. However, the state is not serious to protect such rights for freed Kamaiyas. The government administration and security forces have accused the freed Kamaiyas of supporting Maoists and are, therefore, persecuting them without any justification. On the other hand, freed Kamaiyas are also facing threat of Maoists in everyday life as other people. They have become sandwiched of this conflict. Liberation process also contributed in disappearing traditional customs, culture, and language due to interaction with outsider and NGO/ INGO personnel. In order to protect their culture and language, any program designed by NGOs and INGOs with the target group of freed Kamaiyas should be in a way that does not hamper their culture and language.

Strengthen Freed Kamaiya Movement

Majority of the freed Kamaiya families have not received land. The land some have received is not sufficient to support their survival. There is no employment opportunity. Dying of disease and hunger is increasing day by day. Government is completely

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insensitive to freed Kamaiya issues. Therefore, the freed Kamaiyas do not have option other than movement to get rid of their survival, which they have been doing.

NGOs and INGOs can be supportive to the freed Kamaiyas movement. Support to movement and lobbying government and international agencies would be the effective contribution of NGOs and INGOs for the solution of freed Kamaiya problems.

Coordination between NGOs/INGOs

Failure of freed Kamaiya rehabilitation program is mainly due to the programs designed by non-government organizations and donor agencies for relatively short-term and populist basis. In order to seek long term effect from the program of those nongovernmental organizations, a good and strong coordination among them is required. For this purpose, NGOs and INGOs should campaign and lobby the government to take responsibility for coordinating programs designed and run for freed Kamaiyas. Government should form Freed Kamaiya Rehabilitation Coordination Committee (FKRCC) under the chairmanship of line ministry. In the committee, secretary from the line ministry should be member secretary and other necessary members should be selected from concerned INGOs and NGOs including civil society and political parties.

49

REFERENCES CITED
ActionAid Nepal, 2003 (VS 2060). Mapping of Program and Budget for Various Organizations Working for Freed Kamaiyas (in Nepali) (Kathmandu: ActionAid Nepal). Ban, Jyotilal, 2002. Kamaiya Emancipation: From the Beginning to the Present, Ekchhin, Special Issue 2 (Ex-Kamaiya in Bardia Issue) (Kathmandu: MS Nepal), pp.32-37. CBS, 2002. Population Census 2001: National Report (Kathmandu: Central Bureau of Statistics, HMG/Nepal). Chaudhari, Ekraj, 2002. Bardia District: An Overview, Ekchhin, Special Issue 2 (ExKamaiya in Bardia Issue) (Kathmandu: MS Nepal), pp.27-31. _____, 2002. Changing Forms of Labor Exploitation in the Traditional Agriculture System, Ekchhin, Special Issue 2 (Ex-Kamaiya in Bardia Issue) (Kathmandu: MS Nepal), pp.41-42. Dhakal, Suresh, J. Rai, D. Chemjong, D. Maharjan, P. Pradhan, J. Maharjan and S. Chaudhary, 2000. Issues and Experiences: Kamaiya System, Kanara Andolan and Tharu in Bardiya (Kathmandu: SPACE). Ghimire, KP, 2004 (January 21). Mukta Kamaiya Puna Kamlahri Basna Thale (Freed Kamaiya Returned to Kamlahri), Kantipur Daily (Kathmandu: Kantipur Publication). _____, 2004 (July 20). Mukta Kamlahri Kamko Khojima Bharat Tira (Freed Kamlahri Fled to India for Job), Kantipur Daily (Kathmandu: Kantipur Publication). Gurung, Yogendra B., 2004. Socio-economic Baseline Survey Report for Mainstreaming Gender Equity Program, Chapter on Geta-Banke and Gangaparaspur-Dang (Kathmandu: MGEP). HURDEC, 2003. Output to Purpose Review and Future Options Assessments of Freed Kamaiya Food Security Project, Final Report Submitted to DFID Nepal (Kathmandu: HURDEC/DFID). Kahariya, Nathuram, 2003 (VS 2060). Kamaiya Mukti Kamaiyakai Samuhik Sankhaghoshle Bhayeko Ho (Liberation of Kamaiya was Due to Collective Effort of Kamaiya Themselves), Mukta Paila: Voice for Help, Year, No. 1 (in Nepali) (Kathmandu: ActionAid Nepal and Creative Media Group), pp. 28-30. Kandangwa, Nanda, 2003 (VS 2060). Mukta Kamaiya: Punarsthapana Prayatna, Paribartan, Sawal Ra Samadhan (Freed Kamaiya: Effort of Rehabilitation, Change, Issues and Solution), Mukta Paila: Voice for Help, Year-I, No. 1 (in Nepali) (Kathmandu: ActionAid Nepal and Creative Media Group), pp.3-6. Lamichhane, Raghu, 2004 (January 20). Mukti Pachhi Gujaran Dekhi Singha Durbar Samma (From Livelihood to Singha Durbar after Liberation), Kantipur Daily (Kathmandu: Kantipur Publication). Manandhar, T.B. and K.P. Shrestha, 2003. Population Growth and Educational Development, Population Monograph of Nepal, Vol. I (Kathmandu: Central Bureau of Statistics, HMG), pp. 213-271.

50

MS Nepal, 2002. Kamaiya Women: Doubly Disadvantaged, Ekchhin, MS Nepal Newsletter, Special Issue 2 (Ex-Kamaiya in Bardia Issue) (Kathmandu: MS Nepal), pp.6-7. Pyakurel, Sushil, 2000 (VS 2057). Kamaiyaharulai Mohiyani Hak Dilaunuparchha (Tenancy Right Must be Granted to Freed Kamaiyas), Mukti Yatra: Jagaran Abhiyan, Year 4, No. 1 (Shrawan 2057) (Kathmandu: GRINSO Nepal), p.30. Sharma, Shiva and Ram K. Sharma, 2002. Socio-economic Information on Ex-Kamaiyas of Nepal, Report submitted to ILO, Nepal (Kathmandu: National Labour AcademyNepal and ILO). Sharma, Shiva, B. Basnyat, and Ganesh GC, 2001. Nepal - Bonded Child Labour Among Child Workers of the Kamaiya System: A Rapid Assessment (Geneva: International Labour Office). Thapa, Nar Bikram, 2000 (VS 2057). Kamaiyaharulai Gharbasko Byabastha Hunuparchha (Home and Land Must be Provided to Freed Kamaiyas), Mukti Yatra: Jagaran Abhiyan, Year 4, No. 1 (Shrawan 2057) (Kathmandu: GRINSO Nepal), p.23.

51

APPENDIX I QUESTIONNAIRE BASELINE STUDY ON CHANGING CONTEXT OF FREED KAMAIYAS March September, 2003

Actionaid Nepal & Mukta Kamaiya Samaj

Greetings!
My name is I am a volunteer working for the Baseline Survey on Freed Kamaiyas initiated jointly by Actionaid Nepal and Mukta Kamaiya Samaj. The main objective of this study is to observe and identify the Current Situation and Changing Context of the Freed Kamaiyas after the liberation. It also seeks to observe the current situation of rehabilitation programs for Kamaiyas and to recommend the possible and effective bases for the proper rehabilitation required to be adopted by the various government and non-government organizations in the future. In this context, I am going to ask some questions that are related to our study to you. For this purpose, I request your permission to provide your time about half an hour. And, I ensure you that all the opinions and your private information provided will not be publicize in any case. Name of Volunteer (Interviewer): Date:

Description About The Place of Interview

District: VDC/NP:

Ward No.: Name of the Camp/Settlement:

52

Form I
Name of HH head 100 Respondent s code 101 Total Population F 102a M 102b T 102c

Age and Sex Structure

(All Family Members in the Household)
Age Distribution 15-49 year 50-64 years F M F M 106a 106b 107a 107b

HH ID

0-1 year F M 103a 103c

2-5 year F M 104a 104b

6-14 year F M 105a 105 b

64-74 years F M 108a 108b

75+ years F M 109a 109b

Code of Q101:

1. 2. 3. 4. 5. 6. 7.

Household head (male) Household head (female) HH heads brother/son/cousin/grand son/son-in-laws Spouse/sister/daughter/grand daughter/daughter-in-laws Other relatives Other non-relatives Absent 53

Form II
Population (6 years and above) Female 201a Male 201b Total 201c Literate Only (Formal only) Female 202a Male 202b Total 202c

Literacy/Educational Level
(6 years and above)
NFE (Adult/ Balbihani Class) Grade 1-5 Attendants Literate Female Male Female Male Female Male 203a 203b 203c 203d 204a 204b IA eq. or more Male 206b Female 207a Male 207b

HH

Grade 6-10 Female 205a Male 205b

SLC Female 206a

ID

54

Form III

Situation of Children Before and After Liberation

(6 - 14 years)
Working in Landlord/ Farmers Before After Girls Boys Why Girls Boys Why
306a 306b 306c 307a 307b 307c

HH
ID

School Going Children Balbihani Attendants Children aged 6 14 years Before After Before After Girls Boys Total Girls Boys Girls Boys Girls Boys Girls Boys
301a 301b 301c 302a 302b 303a 303b 304a 304b 305a 305b

Working in Others Before After Girls Boys Why Girls Boys Why
308a 308b 308c 309a 309b 309c

Code for Questions 306c, 307c, 308c, and 309c:

1. Neglected by parents

2. To pay loan of master 3. Food and clothes problems 4. Apprenticeship 5. For the hope of education 6. Others

55

Form IV
Household HH Loan/Debt
Loan Interest When 401a 401b 401c Why 401d

Livelihood and Employment

For 6 years and above Agriculture in Others Land Local Wage Salary/Biga Labourer h
System Female 402 403a Male 403b Female 404a Male 404b

Non-agriculture Wage labourer

Female 405a Male 405b Total 405c

Own work in home/ farm

Female 406a Male 406b

Migrant (Outside village/district)

Male 407b

Migrant (outside country)

Male 408b Total 408c

ID

Total Female 406c 407a

Total Female 407c 408a

For all Hunger during the last month

409

Q401b: Interest Rate per month per Rs. 100.0 Q401c: When: 1. Before liberation, 2. After Liberation, and 3. Both Q401d: Why debt (reason): 1. Problem of food and clothes; 2. For festivals, marriage, etc.; 3. For buying oxen or other household materials; 4. For school expenses; 5. For treatment; and 6. Others. Q402: Local Agriculture system: 1. Bataiya; 2. Kamaiya; 3. Rent; and 4. Chaumali. Q409: Stayed hunger during the last month: 1. Yes 2. No.

56

Form V
Land reg. certif icate
Yes1 No.2

Rehabilitation
(Household or Family Members)
House const. suppor t
Yes1 No.2

HH

ID Card
Yes1 No.2

Type of Kamai ya 502

House materials Roof 503a Wall 503b

Timbe r suppor t
Yes1 No.2

Land support Kattha/ Dhur 507

Type of land

Land use

Drin king wate r

Skill development/ income generating training Female Male Use 511c How 511d

Irrigati on facilit y

Toilet Facility Use 513b

Treatm ent of sick person

Yes1 No.2

ID

501

504

505

506

508

509a

If no, why? 509b

Yes1 Yes1 No.2 No.2

510

511a

511b

512

513a

514

Q502 (Type of freed Kamaiya):

1. Land/homeless (Red card); 2. Home but no land (Blue card); 3. Home with up to 2 kattha of land (Yellow card); and 4. Home with more than 2 kattha land. Q503a (Roof materials): 1. Plastics or dry grass; 2. Khar ; 3. Tin/Tile Q503b (Wall materials): 1. Plastics or dry grass; 2. Khariya; 3. Wood and raw brick; and 4. Brick Q508 (Type of land): 1. Sandy river bank; 2. Barren and hillock; 3. Deep/wet land; and 4. Cultivable Q509b (Reason for not using land): 1. Occupied by landless people; 2. Community forest; Occupied by landlords; 4. Others. Q510 (Drinking water): 1. Private; 2. Public; 3. Others; 4. Far distant; 5. Pond; 6. Tape; 7. River; 8. Spring. Q511c (Training): 0. No one got job; 1. Job by one person; 2. Job by 2 persons; 3. Job by more than 2 persons Q511d (Use of training): 1. Self employed; 2. Employed in others; 3. Both Q513b (Use of toilet): 1. Some; 2. All; and 3. No one. Q514 (Treatment): 1. Guruba; 2. Health centre; and 3. Both.

57

Form V
Respondents Information Voting in last Sex election Educ Age Male1 ation Yes1 If no,
Female...2 No.2 reason

Access and Participation

(For all)
Citizen ship
Yes1 No.2

HH

Persons 16+ years but not having citizenship certificate Female Reason Male Reason 606a 606b 606c 606d

Respondents Family Participation in free kamaiya movement Partici When Why? Who
pation ?

Participation in com. forest

Yes1 No.2 If yes, who?

GOs
Yes1 No.2

NGOs
Yes1 No.2

inspired

ID

601

602

603

604a

604b

605

607a

607b

607c

607d

608a

608b

609

610

Q603 (Education): 1. Illiterate; 2. Literate; 3. Primary education; 4. Secondary but not SLC; 5. SLC and above. Q604b (Voting): 1. Ineligible by age; 2. No name in voter list; 3. No citizenship certificate; 4. No idea about listing the name; 5. Did not list my name (intentional); 6. Absent during election; 7. Landlord did not let to leave work; and 8. Others. Q606b & Q606d (Reason for no citizenship): 1. No need; 2. No money to make; 3. No recommendation from VDC; 4. No idea about citizenship; 5. Administrative hurdle; 6. No supporting documents; and 7. Others. Q607a (Movement): 1. Oneself; 2. Other member of family; 3. All family member; and 4. Not at all. Q607b (When): 1. Before liberation; 2. After liberation; 3. Both; and 4. Never. Q607c (Why): 1. To free from Sauki; 2. For land; 3. For wage from landlord; 4. To free from Kamaiya; 5. Others took to movement; and 6. Other Q607d (Who inspired): 1. Oneself; 2. Other Kamaiya friends 3. NGO personnel; 4. Politicians; 5. Landlords/farmers; 6. Intellectuals and social workers; and 7. Other. Q608b: 1. Female; 2. Male; 3. Both Q609 & Q610: Participation in decision making process in formulation of policies and programs of government and non-government organizations for the freed Kamaiyas.

58

Form VII
District: Name of the Camp:
HH Respon dents code 801 Sex Male 802b

Unregistered Freed Kamaiyas

VDC/Municipality: Ward No.:

Name of HH head 800

Female 802a

Total 802c

Reasons for unregistered 803

ID

About unregistered person Current Current address work 804 805

Name 806

About landlord/farmer Address 807

Q801:

1. Household head (Male); 2. Household (Female); 3. Spouse/father/brother/son/son-in-law/grandson of head; 4. Mother/spouse/sister/daughter/daughter-in-law/grand daughter of head; 5. Other relatives; and other non-relaives. Q803 (Reason): 1. Landlord/farmer did not recommend; 2. Absent during registration time; 3. Did not know when registration occurred; 4. Due to no citizenship; 5. Other. Q804 (Current job): 1. Kamaiya; 2. Bataiya; 3. Bigah/Salary in landlords; 4. Wage labourer; 5. Business; and 6. Other

59

APPENDIX II LIST OF FIELD RESEARCHERS

District Dang Banke & Bardiya SN 1. 2. 3. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1. 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 5. 6. 27 Name Ruplal Rawat Maniram Chaudhary Tek Bahadur Rawat Nim Bahadur Tharu Munsi Chaudhary Top Bahadur Chaudhary Hari prasad Tharu Lohari Tharu Gita Tharu Gulabiya Tharu Pancharam Chaudhary Prem Chaudhary Dhaniram Chaudhary Premlal Chaudhary Arjun Chaudhary Khojram Chaudhary Sitaram Chaudhary Jamunadevi Chaudhary Naththuram Kathariya Ram Kumar Chaudhary Rajani Chaudhary Mina Devi Chaudhary Bhumilal Chaudhary Laptan Dangaura Santram Chaudhary Basant Chaudhary Man Bahadur Chaudhary Address Lalmatiya ,, ,, Lalmatiya Kalika - Tesan Shorahawa ,, ,, Shinabas Kalika - Janatanagar Sorahawa - 2 Sorahawa - 2 Dhadhawar - 8 Dhadhawar - 8 Guleriya Municipality-12 Khairyphant Kotatulsipur Pabera Manera Hasuliya Kotatulsipur Hasuliya Hasuliya Bani Bani Ojhakhali ,, ,, Chhela Daije, Ojhakhali Qualification Class 9 study Class 7 study Class 9 study ,, ,, SLC passed Class 9 passed Class 7 passed

Kailali

Class 10 study Class 8 study Class 7 study Class 8 study Class 9 study Class 8 study Class 10 study

Kanchanpur

Total

60

APPENDIX III CHRONOLOGY OF THE KAMAIYA MOVEMENT

Circa 10001500 AD, Tharu Settle in The Tropical Jungles of Tharuwan. Circa 1800s, Rana rulers allow local Tharu headmen and later the migrants to collect revenue for the crown from the Tharu. 1926 1943 1946 1947 Rana Prime minister Chadra Shumsher bans slavery in Nepal Radhakrishna Tharu organises landless Tharu (kamaiya were also involved) and leads movement for land in Bardiya. Landless Tharu people settle in Kanara forest, the land of Hakim Baje. Rana Priminiater Padma Samser Rana sends a survey team and surveys the land. But the landlords cheat the survey team & recapture the land given to landless just after the return of survey team. Radhakrishna Tharu leads the movement against cheating & recapturing the land in Bardiya. The Government of Nepal signs the UN convention against slavery WHO, the World Health Organisation, successfully eradicates malaria. This paves the way for ethnic swarming by the people from the hills who settle in Tharuwan. They take advantage of the Tharu and enslave them, by introducing a new economy and legal system and corrupting their culture. Chilla Tharu of Bardiya again starts resettlement movement of landless people in Kanara Jungle. His Majesty's the Government of Nepal made a study on kamaiya but that was not disclosed? Dumragaon Charpate Club organises some Tharu youths in the western Tarai region Labour Liberation Organisation, the changed name of Dumragaon Charpate Club organises some Kamaiya of Dang. Labour Liberation Organisation was renamed as Backward Society Education (BASE) which starts program especially education program in kamaiya sector. The restoration of multi-party democracy. A new constitution is drawn up, which prohibits all forms of slavery or serfdom. However, there are no rules framed. Through out the 1990s, local and international NGOs implement service and welfare programs for the Kamaiya. There are some awareness programs and a slow, but steady, process of organising. Landmark Study on Bonded Labour in Nepal under the Kamaiya system by INSEC in Banke, Bardiya, Kailali and Kanchanpur districts. They conclude that 93.2% of the 100,000 Kamaiyas and their families are Tharu. 15.5% are under 15, 73% are homeless and 98.2% are landless. 96.3% are illiterate. A case against the Kamaiya system was filed in the Supreme Court demanding a mandamus to enact a law banning the system. The Supreme Court asks the government for response, which was to come only in 1998. The government purchased and provided land to some of the Kamaiya. A proposed law abolishing the Kamaiya Bonded Labour Elimination Act was drafted and circulated to the MPs by INSEC.

1947 1956 1960

1967 1984 1986 1987 1991 1990 ____

1992

1993

61

1994 1995

Kamaiya liberation campaign was initiated by INSEC with Kamaiya forming their own organisations. Report of the Sukumbasi Samasya Samadhan Aayog (Commission on Landless Squatters), Department of Land Reforms, Government of Nepal conducts a comprehensive survey to analyse the situation and magnitude of the problem in all the five districts. The survey undertaken by the Resettlement Commission in all the five districts covered about 18,000 Kamaiya households. Ministry of Labour prepared a report on the Social and Economic Condition of the Kamaiyas by using primary data collected from Kanchanpur, Kailali and Bardia districts. The sample size was 732 Kamaiya households. The study addressed the Kamaiyas and their working conditions in the districts, and made policy and program related recommendations for implementation by the government. Kamaiya Report by BASE, based on a survey of about 36,000 Kamaiya adults and children. Department of Land Reform and Management conducted another Study on the Kamaiyas. This extensive survey covered a total of 15,152 Kamaiya households in five districts of Dang, Banke, Bardia, Kailali and Kanchanpur. The survey focused mainly on asset and debt situation of the Kamaiya households. Further research on the Kamaiya system in all five districts by INSEC with London based Anti Slavery International resulting in the publication Forced to Plough.

1996

January 1996 2426 A national conference of Kamaiya was held which created the Kamaiya Mukti Manch [Kamaiya Liberation Forum, KLF]. It was affiliated to GEFONT, the General Federation of Nepalese Trade Unions. The conference openly demands liberation and writing off the Sauki. 1997 Kamaiya Concern Group [KCG] formed. [Technically it is a renaming of a task force set up to implement the work plan evolved from a workshop hosted by INSEC and UNICEF for NGOs, INGOs, government departments, Kamaiya, landlords, journalists and other concerned individuals and institutions in Nepalgunj in 1998]. KCG appeals to the landlords to release the Kamaiya. 13 Kamaiya are released. Further research A revisit to the Kamaiya System by INSEC. The Supreme Court finally gives its verdict on INSEC chairman Sushil Pyakurels application demanding court directives to the cabinet on the formulation of a law liberating bonded labourers. The Supreme Court concluded that a directive was not necessary given that a number of government initiatives were undertaken to address the issue. The legal limbo continues. AAN study on Gender and Child issues under Kamaiya system in mid- and far-western Tarai of Nepal. A minimum wage campaign for agricultural workers was launched by INSEC in cooperation with Village Development Committees, VDCs. It spontaneously extends to over 100 VDCs. Government of Nepal publishes Summary Report of the Socio-Economic Status of Kamaiya based on their 19955 survey in collaboration with ILOIPEC. December 1999 A Kamaiya rally is organised in Kailali, for the first time ever, by CCS. Petition for relief was filed at the DAO and DDC. 62

1998

1999

November 1999

January 2000 13 14 Government fixed a nationally applicable minimum wage for agricultural workers. Using the authority granted by the Local Governance Act, the Kanchanpur DDC fixes the minimum wage for agriculture labourers as Rs 80 per diem. Nepal Chaudary petitions Laxmipur VDC demanding that he be paid minimum wages for all the years he has worked for his landlord. The landlord refuses to pay him, but grant his freedom and waives his debt. Kanchanpur DDC reaches an agreement with local landlords who volunteer to release 22 Kamaiya families with sauki less than Rs 15,000. Kamaiya of Shankarpur VDC in Kanchanpur district file a petition against their landlord. Two Maoist attacks on the landlord in the same week drives him from his village, leaving the case in limbo. 19 Kamaiya file a petition at Geta VDC in Kailali district demanding that their landlord, former minister Shiva Raj Pant pay them minimum wages fixed by the government. The chairman was not present, so the secretary took the petition. The case is registered. Chairman Sanda Bahadur Karki, Geta VDC invites the 19 Kamaiya, Shiva Raj Pant, journalists and organisations working on bonded labour issues to attend a mediation meeting. 19 Kamaiya and about 100 delegates from government and NGOs attend the mediation meeting. Shiva Raj does not. The case cannot be resolved in his absence. The meeting discussed the petitions and decides to demand liberation. A 9-member struggle committee was formed under the chairmanship of Sanda Bahadur Karki. With the help and co-signature of various organisation, the 19 Kamaiya file their statements with the Kailali Chief District Officer Tana Gautam. He refuses twice to register the case, saying that he would only accept the petitions filed by the Kamaiya themselves, without NGO help. Kamaiya and supporters begin sit-in at the CDO. They demand liberation from their bondage, compensation and appropriate remuneration. The Kamaiya return to the DAO. Tana Gautam again refused to register the case and insulted the Kamaiya and the supporting organisations. A protest rally with 78,000 people was organised against the DAO, which virtually shuts down Dhangadi, the capital of Kailali district. Kamaiya and activists staged a silent demonstration, tying black cloth over their mouths since the government is not listening to them. This is a strong protest in Nepal. The CDO finally called for mediation with the landlord. The takes reached an agreement on a settlement and the setting up of a commission for the registration and liberation of other bonded labourers. KCG organised a meeting in which a 15 member KAPS was formed, with diverse representation. Dhangadi CDO registered the case, but forwarded it to the District Labour Office, DLO. The DLO sent it back to the CDO. The Kamaiya fine a new case to the CDO, asking only for freedom and protection from the landlords. Women, children and senior citizens staged their own silent demonstration. An estimated 20,000 people demonstrated in Dhangadi, Kailali District Capital. 63

18

March 2000 18

May 2000 1

5 7

10

11

12 14 15

16 17 18 20

Third week All party meeting forced a local landlord to free the 19 Kamaiya. 21 23 26 30 48 Kamaiya from six VDCs in Kanchanpur district file separate petitions with VDC offices demanding freedom. Parasan VDC issues a freedom certificate to Bahadur Rana, who had submitted an application on 21 May 2000. Four Kamaiya from Kailali travel to Kathmandu travel with Geta VDC Chairman Sanda Bahadur Karki to pressure the central government to resolve the issue. A mammoth protest march of over 10,000 was organised in Dhangadi, the Kailali District Headquarters.

June 8 12 Three CPM-UML leaders in Kailali district liberate their Kamaiyas. 676 Kamaiya from five districts file petitions with the respective CDOs demanding freedom from bondage, resettlement and protection from landlords.

July 4 8 A grand meeting of bonded labour was held at Dhangadi, from which an 11 member Kamaiya Movement Committee [KMC] was formed. Kanchanpur local government officials, NGOs, landlords and Kamaiyas agree on a formula to liberate Kamaiyas in the district. Mass protests continue.

1116 Nearly 200 Kamaiya representatives from the five districts organised a sit-in at Bhadrakali, Kathmandu. They demanded that the government produce a program of action to free and rehabilitate bonded labourers on Friday 14 July. The key demands are: Release from the landlord; a minimum wage and back pay for all their unpaid work; ownership of the land on which they have lived for generations; and protection from reprisals. 12 13 Kamaiya of five districts submitted a memorandum to the CDOs of the respective districts, and conducted sit-ins in front of the DAOs. The leader of the main opposition party, Unified Marxist-Leninist, Madhav Kumar Nepal, and other opposition groups threatened to close Parliament on 14 July if the Prime Minister failed to free bonded labourers. In the face of the threat, the government did not convene Parliament. As a result, the demonstrators carried out their promise to move into the off-limit area in front of Parliament and were prepared to be arrested. A demonstration was held in Kathmandu. The Kamaiya were baton charged and arrested, but later set free as the Minister for Land Reforms and Management Siddharaj Ojha declared the system abolished in parliament.

14

17

JulySeptember Emergency relief work, as Kamaiya are evicted from their homes by the landlords. August

64

About 16,000 Kamaiya attend a victory rally in the pouring rain. Kailali DDC Chairman Narayan Dutta Mishra issues a statement saying that he disagrees with the national governments order to rescind bonded labourers loans with the landlords.

The landlords form an organisation Forum for Protection of Farmers Rights files a writ with the Supreme Court demanding government compensation of the Sauki given to the Kamaiya by the landlords. Kailali land reform officer Maheshwor Niraula estimates that 20 to 40% of the the Kamaiya registration forms may have been filed by non-Kamaiya. Consultative meeting held on possible support to recently freed bonded labour by National Planning Commission, HMGN. Secretary Yoddha Shah, Ministry of Land Reform and Management request emergency aid for eight thousand families with no land or shelter. Memorandum sent to prime minister through the CDOs of the five districts demanding rehabilitation of freed Kamaiyas.

23

October 23

September 18 A high level government coordinating committee announces plans to implement an emergency food assistance program and to distribute government land to freed Kamaiyas.

October 24 Dissatisfied with the lack of progress of government rehabilitation, the Kamaiya Liberation Struggle Mobilisation Committee and the Kamaiya Struggle Committee decide to launch a new campaign.

November 6 24 Rally at Dhangadi demands 10 katta land, effective implementation and speedy supply of relief material. DDCs of all the five districts besieged [gherau]. About seven thousand Kamaiya from all five districts participated in the rally and sit-in at Dhangadi to demand 10 khatta of land per Kamaiya family. 15 rallyists were injured during a police baton charge.

2526 Workshop on free Kamaiya movement for further action at Thakurwara, Bardiya. December Survey of freed Kamaiya by NGOs. 19 26 27 Kamaiyas and supporters block the main highway in five districts of south western Nepal in support of their demand of 10 khattas of land for each liberated family. Highway blockade from Kohalpur of Banke to Gadda chauki of Kanchanpur Rally and sit-in at the DAO and mass meeting at Guleriya in Bardiya.

January 2001

65

Kanchanpur district officials decide to provide 10 khattas of land to all liberated families with more than five members and five khattas of land to those with less than five family members. But that was not implemented. Self-restoration of land begins. Fed-up with the delay, often deliberate, of the entrenched interests within the government, the freed Kamaiya themselves begin to restore land to themselves, moving into undesignated forest land. Interaction program on freed Kamaiya rehabilitation at Nepalgunj and Banke. Some ex-Kamaiya leave the forest on the assurance of the DDC, Kailali District that they would be temporarily settled along the East West Highway. Three hundred riot police evict 7,000 freed Kamaiya from the huts they had erected on selfrestored land, and then burnt the huts. Government forms the high level Land Registration Committee, LRC, with full authority.

17

25 29 February 3 19 March 22

District Land Reforms Office [DLRO] and LRC gheraued in Ghorahi, Dang.

Include here other such as publicizing of independent audit report, ....... 2002 Jan 22 Freed Kamaiya Society (FKS), an independent organization of freed Kamaiya, formed merging three organizations Freed Kamaiya Progressive Society, Kamaiya Jagaran Samiti and Kamaiya Struggle Committee. Land grabbing movement by freed Kamaiya under the leadership of FKS 2004 Feb 18 FKS started two & half month long signature campaign for their systematic and effective rehabilitation, and finally they submitted that to Prime Minister of Nepal.

April 22 High Commission for Kamaiya Resettlement formed. Land grabbing movement by freed Kamaiya under the leadership of FKS Sources for Chronology Anon, 2000, INFORMAL, Vol 10, No 1, June 2000 (Kathmandu: INSEC). __________, 2000, Kamaiya Freedom Movement, Kailali district, Nepal. Kandangwa N K, 2001, A Chronology of the Kamaiya Movement (Kathmandu: AAN). Kattel, Mukunda Raj, 2000, A Fight Against The Kamaiya System: An Experience Overview (Kathmandu: INSEC). Lowe, Peter, 2001, Kamaiya: Slavery and Freedom in Nepal (Kathmandu: Mellemfolkeligt Samvirke (MS) Nepal and Mandala Book Point).

66