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Land rights of the ex-Kamaiyas

   What follows is taken from today's (Mond 27-Nov-00 ashu
     Unless a man has talents to make somethi 29-Nov-00 sangita
       Sangita writes: >Unless a man has tal 29-Nov-00 ashu


Username Post
ashu Posted on 27-Nov-00 12:25 AM

What follows is taken from today's (Monday's)
The Kathmandu Post.

Please feel free to comment, criticize and
make suggestions. I'll read them all, and
will respond to them when I have little
more free time.

oohi
ashu

************
Land rights : Next priority for ex-Kamaiyas

By Dilli Bahadur Chaudhary

On 21st November, the International Labour Organisation (ILO) announced a $3.5 million project aimed
at ensuring sustainable liberation from bonded labour of some 75,000 men, women and children who
were freed from decades of grinding poverty and debt bondage" on July 17, 2000. This project, funded by
the United States Department of Labour, "propose(d) direct action targeted at bonded labourers and
their families to secure effective release from bondage, and sustainably reduce their poverty through
training and education, livelihood improvements, and service provision."

Though the announcement was welcomed as good news by officers at some non-governmental
organizations, it did not seem to have been greeted with enthusiasm by ex-bonded labourers
(ex-Kamaiyas) themselves. In fact, as a recent press coverage from far western Nepal shows, the
ex-Kamaiyas in far western Nepal are preoccupied with an issue that was not touched upon in the ILO
announcement at all: the issue of each ex-Kamaiya family's right to its own a piece of land before any
donor-funded multi-year rehab work begins.

Indeed, just last Friday, on the 24th, almost 7000 ex-Kamaiyas staged protest rallies in Dhangadi,
Kailali in front of the offices of Chief District Officer, District Development Chairman and the Kailali head
of the Department of Land Reforms. Police had to use sticks against the protestors, seriously injuring
18 ex-Kamaiyas, who were rushed to the hospital. Later, to protest against such police brutality, the
ex-Kamaiyas blocked the main road in the bazaar for an hour. The ex-Kamaiyas ended the protests
demanding 10 katthas of land for each freed family and issuing a 14-day ultimatum to the government
not to neglect them anymore and to take their demand for land into serious consideration.

Against this backdrop, if we take the struggle for freedom, which ended successfully on July 17, 2000,
as the first phase of the Kamaiya Mukti Andolan (movement for emancipation of bonded labourers), then
this continuing struggle for land has now become the Movement's second phase. Having land of their
own, preferably in their own villages, is very crucial for ex-Kamaiyas, who have always worked as
agricultural labourers. This issue of land is crucial because our experience in the fields shows that each
ex-Kamaiya, now living in makeshift camps in dire conditions, wants to take care of his family's needs
for permanent housing and a reliable supply of food before getting involved in any NGO-run skill-training
activity, whether that activity is launched by the ILO or some other organisation.

People often ask me why help launch Andolans for Kamaiyas, one after another, when perhaps other
means were available. I am not sure what they mean by other means to help the Kamaiyas. But the
reason we help launch Andolans, after carefully detailed consultations with the Kamaiya themselves is
this: We've learnt the hard way that "the standard NGO approach" of running one project after another
ostensibly to help the targeted group, does not work to ensure that the fundamental rights are not
violated.

Let me give an example: Many NGOs, including the one I am associated with, had been running
"project-oriented" activities on behalf of the then Kamaiyas at least since 1990. Our national laws have
always been clear that the practice of bonded labour was and is illegal, with punishment procedures
clearly spelt out. One would think that with the law and donor-funded multiple social projects on our side
for that long a time, the lot of the Kamaiyas would have improved substantially. This, alas, was not to be
the case.

So, what we realized was that programs on literacy, heath and sanitation, carpentry and so on were fine
in and good in and of themselves. But as long as the Kamaiyas remained in bondage with their
fundamental rights grossly violated day in and day out in our democratic country —there was little
sense in continuing to run skill-development programs for them. In retrospect, the "project-oriented"
approach also diminished the importance of litigation for us. As long as we remained busy with social
service projects to help the then Kamaiyas, there was little incentive for us to seek legal redress —
though, in all honesty, given how slowly the cases move through the courts in Nepal, we did not hold out
much hope for legal solutions. Hence, the first phase of the Andolan this past Spring, demanding
specifically for freedom from debt bondage. The Andolan was successful in reaching its goal precisely
because it got out of the "standard NGO mold."

In declaring freedom, the government made a public commitment to rehabilitate ex-Kamaiyas as soon
as possible. But four months have gone and precious little has been done for a speedy rehab of the
ex-Kamaiyas. There are those in Kathmandu who, seeing the hardships faced by the ex-Kamaiyas in
temporary camps, never tire of denouncing the government for allegedly acting in haste "without doing
proper homework" as though a social movement can be planned a priori in detail with every outcome
clearly foreseen!

Given how the government has failed even to use its existing knowledge and resources to help the more
than 3000 displaced ex-Kamaiyas now living in temporary camps since July, it is wishful thinking to say
that the government should have done its "homework" prior to making its announcement in July.

Now that the Movement has entered its second phase, the government should take its commitment
seriously and view the demand for land as a reasonable one. The ex-kamaiyas are well aware how
Nepali governments, in the recent past, have routinely doled out, in far western Nepal, pieces of
undesignated land, often in large measurements, to its sympathizers from all across Nepal. Using such
examples, the ex-Kamaiyas could actually ask for more. But in asking only for 10 Katthas per family,
they are focusing on a compromise, which at least allows them to live and take care of their family with
dignity, while being secure enough to look for work in agriculture or small industry. If the government
says that there is no land available, then the ex-Kamaiyas will be happy to point out chunks of
undesignated land.

After all, the justification of the second phase of the Kamaiya Mukti Andolan is that until the
ex-Kamaiyas know where they are going to live permanently as free citizens, only pouring donors'
money into projects with dubious outcomes will be like repeating the mistakes of the last 10 years all
over again. That is why, institutions such as the ILO, in what appears to be their rush to be not left out
of
the game altogether, are better off first siding with the ex-Kamaiyas in demanding for their land rights
before releasing a single paisa.

(The author is the president of Backward Society Education (BASE) and the convenor of the Kamaiya
Mukti Parichalan Samiti)
sangita Posted on 29-Nov-00 01:01 PM

Unless a man has talents to make something of himself, freedom is an irksome burden. Of what avail is freedom to choose if the self be ineffectual? We join a mass movement to escape individual responsibility, or, in the words of the ardent young Nazi, "to be free from freedom."

-- Eric Hoffer





>What follows is taken from today's (Monday's)
>
>The Kathmandu Post.
>
>Please feel free to comment, criticize and
>make suggestions. I'll read them all, and
>will respond to them when I have little
>more free time.
>
>oohi
>ashu
>
>************
>Land rights : Next priority for ex-Kamaiyas
>
> By Dilli Bahadur Chaudhary
>
> On 21st November, the International Labour
>Organisation (ILO) announced a $3.5 million
>project aimed
> at ensuring sustainable liberation from
>bonded labour of some 75,000 men, women and
>children who
> were freed from decades of grinding poverty
>and debt bondage" on July 17, 2000. This
>project, funded by
> the United States Department of Labour, "
>propose(d) direct action targeted at bonded
>labourers and
> their families to secure effective release
>from bondage, and sustainably reduce their
>poverty through
> training and education, livelihood
>improvements, and service provision."
>
> Though the announcement was welcomed as
>good news by officers at some non-
>governmental
> organizations, it did not seem to have been
>greeted with enthusiasm by ex-bonded
>labourers
> (ex-Kamaiyas) themselves. In fact, as a
>recent press coverage from far western Nepal
>shows, the
> ex-Kamaiyas in far western Nepal are
>preoccupied with an issue that was not
>touched upon in the ILO
> announcement at all: the issue of each ex-
>Kamaiya family's right to its own a piece of
>land before any
> donor-funded multi-year rehab work begins.
>
> Indeed, just last Friday, on the 24th,
>almost 7000 ex-Kamaiyas staged protest
>rallies in Dhangadi,
> Kailali in front of the offices of Chief
>District Officer, District Development
>Chairman and the Kailali head
> of the Department of Land Reforms. Police
>had to use sticks against the protestors,
>seriously injuring
> 18 ex-Kamaiyas, who were rushed to the
>hospital. Later, to protest against such
>police brutality, the
> ex-Kamaiyas blocked the main road in the
>bazaar for an hour. The ex-Kamaiyas ended
>the protests
> demanding 10 katthas of land for each freed
>family and issuing a 14-day ultimatum to the
>government
> not to neglect them anymore and to take
>their demand for land into serious
>consideration.
>
> Against this backdrop, if we take the
>struggle for freedom, which ended
>successfully on July 17, 2000,
> as the first phase of the Kamaiya Mukti
>Andolan (movement for emancipation of bonded
>labourers), then
> this continuing struggle for land has now
>become the Movement's second phase. Having
>land of their
> own, preferably in their own villages, is
>very crucial for ex-Kamaiyas, who have
>always worked as
> agricultural labourers. This issue of land
>is crucial because our experience in the
>fields shows that each
> ex-Kamaiya, now living in makeshift camps
>in dire conditions, wants to take care of
>his family's needs
> for permanent housing and a reliable supply
>of food before getting involved in any NGO-
>run skill-training
> activity, whether that activity is launched
>by the ILO or some other organisation.
>
> People often ask me why help launch
>Andolans for Kamaiyas, one after another,
>when perhaps other
> means were available. I am not sure what
>they mean by other means to help the
>Kamaiyas. But the
> reason we help launch Andolans, after
>carefully detailed consultations with the
>Kamaiya themselves is
> this: We've learnt the hard way that "the
>standard NGO approach" of running one
>project after another
> ostensibly to help the targeted group, does
>not work to ensure that the fundamental
>rights are not
> violated.
>
> Let me give an example: Many NGOs,
>including the one I am associated with, had
>been running
> "project-oriented" activities on behalf of
>the then Kamaiyas at least since 1990. Our
>national laws have
> always been clear that the practice of
>bonded labour was and is illegal, with
>punishment procedures
> clearly spelt out. One would think that
>with the law and donor-funded multiple
>social projects on our side
> for that long a time, the lot of the
>Kamaiyas would have improved substantially.
>This, alas, was not to be
> the case.
>
> So, what we realized was that programs on
>literacy, heath and sanitation, carpentry
>and so on were fine
> in and good in and of themselves. But as
>long as the Kamaiyas remained in bondage
>with their
> fundamental rights grossly violated day in
>and day out in our democratic country —there
>was little
> sense in continuing to run skill-
>development programs for them. In retrospect,
> the "project-oriented"
> approach also diminished the importance of
>litigation for us. As long as we remained
>busy with social
> service projects to help the then Kamaiyas,
>there was little incentive for us to seek
>legal redress —
> though, in all honesty, given how slowly
>the cases move through the courts in Nepal,
>we did not hold out
> much hope for legal solutions. Hence, the
>first phase of the Andolan this past Spring,
>demanding
> specifically for freedom from debt bondage.
>The Andolan was successful in reaching its
>goal precisely
> because it got out of the "standard NGO
>mold."
>
> In declaring freedom, the government made a
>public commitment to rehabilitate ex-
>Kamaiyas as soon
> as possible. But four months have gone and
>precious little has been done for a speedy
>rehab of the
> ex-Kamaiyas. There are those in Kathmandu
>who, seeing the hardships faced by the ex-
>Kamaiyas in
> temporary camps, never tire of denouncing
>the government for allegedly acting in haste
>"without doing
> proper homework" as though a social
>movement can be planned a priori in detail
>with every outcome
> clearly foreseen!
>
> Given how the government has failed even to
>use its existing knowledge and resources to
>help the more
> than 3000 displaced ex-Kamaiyas now living
>in temporary camps since July, it is wishful
>thinking to say
> that the government should have done its "
>homework" prior to making its announcement
>in July.
>
> Now that the Movement has entered its
>second phase, the government should take its
>commitment
> seriously and view the demand for land as a
>reasonable one. The ex-kamaiyas are well
>aware how
> Nepali governments, in the recent past,
>have routinely doled out, in far western
>Nepal, pieces of
> undesignated land, often in large
>measurements, to its sympathizers from all
>across Nepal. Using such
> examples, the ex-Kamaiyas could actually
>ask for more. But in asking only for 10
>Katthas per family,
> they are focusing on a compromise, which at
>least allows them to live and take care of
>their family with
> dignity, while being secure enough to look
>for work in agriculture or small industry.
>If the government
> says that there is no land available, then
>the ex-Kamaiyas will be happy to point out
>chunks of
> undesignated land.
>
> After all, the justification of the second
>phase of the Kamaiya Mukti Andolan is that
>until the
> ex-Kamaiyas know where they are going to
>live permanently as free citizens, only
>pouring donors'
> money into projects with dubious outcomes
>will be like repeating the mistakes of the
>last 10 years all
> over again. That is why, institutions such
>as the ILO, in what appears to be their rush
>to be not left out
> of
> the game altogether, are better off first
>siding with the ex-Kamaiyas in demanding for
>their land rights
> before releasing a single paisa.
>
> (The author is the president of Backward
>Society Education (BASE) and the convenor of
>the Kamaiya
> Mukti Parichalan Samiti)
ashu Posted on 29-Nov-00 01:38 PM

Sangita writes:

>Unless a man has talents to make something
>of himself, freedom is an irksome burden.


No.

Only when a man is FREE can his talents spill
forth. Talents, by definition, need outlets.
And for outlets to exist, there has to be
freedom, and a man has to be free.

>Of what avail is freedom to choose if the
>self be ineffectual?

Well, the freedom to be ineffectual is also
a freedom. There is no evidence to support that
being more effectual requires more freedom.

>We join a mass
>movement to escape individual responsibility,

No.

Mass movements for liberation lead to individual
responsibilities. Take the American revolution,
for example.

> or, in the words of the ardent young Nazi, "
>to be free from freedom."

What's a nice Nepali woman like you quoting some
"ardent young Nazi"? :-)

oohi
ashu