The Dalits of Nepal and a New Constitution - ConstitutionNet

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The Dalits of Nepal and
a New Constitution
“Forced”/”Bonded” Labour
Discriminatory labor practices such as Bista 31 , Balighare, 32
Haliya 33 , Khaliya 34 , Doli, 35 and Sino Khaney/Phyakney 36
etc. are prevalent in rural areas, specially in the mid- and
far-western Hills and the Terai regions. Robertson and
Mishra write, “The powerful custom demands that only
untouchable castes or low status ethnic groups plough
the land as Haliya.” 37 During peak agriculture season,
“high caste” land lords use debt bondage to secure
unpaid labour from Dalit labourers. The main reasons
for continuation of bonded labour such as Haliya include
feudalism, indebtedness, landlessness, debt farming,
discrimination, and failure of land reform programmes. 38
Robertson and Mishra have noted that these practices
violate the United Nations Supplementary Convention
on the Abolition of Slavery, the Slave Trade and
Institutions and Practices Similar to Slavery (1956) to
which Nepal is a signatory. They are also in clear violation
of the Constitution of Nepal – indeed of every Constitution
the country has had (except the 1948 one, which never
came into force).
For these reasons Dalits have been demanding “the
establishment of a labour system that gives justice and
a sense of self-esteem to Dalits and their profession,” 39
and “an all powerful Commission to abolish [these] social
evils” 40 and others forced upon Dalits such as begging.
Poverty and Economic Rights
An overwhelming majority of Dalits are among the
poorest of the poor by any standard, (though there may
be some exceptions such as those whose traditional
occupation is jewellery making, and those who have
managed to obtain a good education, occupation or
employment). Nepal South Asia Centre (NESAC), with
support of the United Nations Development Program
(UNDP), prepared the first ever Human Development
Index (HDI) of various caste and ethnic groups of Nepal
in 1998 (Table 1). The highest HDI is of Brahman with
0.441 and the lowest is of the Dalits with 0.239. The
ratio of national to Dalits HDI is 1:0.7 as against 1:1.4 for
the Newars and 1:1.3 for the Brahmans. Per capita income
is highest among the Newars followed by Brahmans with
US$1,848 and US$1,533 respectively. The Dalit per capita
income is the lowest at US$764. Dalits rank lowest in
each of the indicators of human development. In 1996,
42.6% of the Nepalese generally lived below the poverty
line but 68% of Kamis, 67% of Damais and 66% of Sarkis
did so 41 . Among Dalits, according to the Nepal Living
Standard Survey of 2003/04, Terai Dalits have the highest
incidence of poverty, which is 49.2% as opposed to
44.9% for the Hill Dalits. 42
Landlessness
In the past, Nepal was a feudal country where land and
power were very strongly interconnected. Now it could
be described as a semi-feudal society, where land is one
of the main capital assets. Those who own the most
land are rich and some can make a living, but those who
are landless are generally destitute. Ownership of both
irrigable and dry land is highest among the “high caste”
(5.63 Ropanis of irrigable and 6.64 Ropanis of dry land)
31
Bista is a form of patron-client relations between “high caste” people and Dalits at the community level. a Dalit family is patronized by a “high caste” family as their Bista.
It means the Dalit “client’ must do their occupational work as and when needed by their “patron”. The “client” gets rewards, mostly in kind and occasionally in cash, for
their services.
32
Balighare is a form of forced labour in which Dalits provide their occupational services to their “high caste” masters and get food grains as “wages” during harvesting seasons.
33
Haliya is a form of forced labour in which “high caste” people employ Dalits as agriculture labourers and provide food, clothing and shelter throughout the year, and loans as needed.
34
Khaliya is form of labour done by Dalits for “high caste” people for food grains. Food grains for labour works are paid during harvesting seasons only.
35
Doli is a form of labour work performed during weddings/marriages. Dalits belonging to certain Dalit caste carry the groom and the bride of “high caste” people in “Doli”
during their marriage. They receive cash and kind for such labour.
36
Sino Khaney/Phyakney is related to a practice in which it is mandatory for Dalits to dispose of dead animal. In many communities, member belonging to certain Dalit castes
are forced to use carcasses as food.
37
Robertson, Adam and Mishra, Shisham Forced to Plough. Bonded Labour in Nepal’s Agricultural Economy (Kathmandu: Anti Slavery International and Informal Sector Service
Centre (INSEC), 1997) p. 1.
38
Ibid, Pages 35-40. “Debt farming” refers to loans that are made with the primary objective not of earning interest but of forcing the borrower into labour for the lender.
39
Dadeldhura Declaration made by a Regional Conference on Participation of Dalits in Constitution Making Process and the Restructuring of State organized by Constitution
Advisory Support Unit, UNDP from 13 to 15 June 2007 in Dadeldhura (3 rd point).
40
Dang Declaration On “Restructuring of State, Constituent Assembly and Constitution Making Process”, 12-13 August 2007(2 nd point).
41
Gurung, Harka From Exclusion to Inclusion: Socio-Political Agenda for Nepal (2003: Social Inclusion Research Fund, Lalitpur, Kathmandu, 2003).
42
Household Survey, TEAM Consult 1998 (Team Consult 1999) p. 278