Dalits and Labour in Nepal: Discrimination and Forced Labour

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Dalits and Labour in Nepal: Discrimination and Forced Labour Decent Work for all Women and Men in Nepal International Labour Office Nepal Dalits and Labour in Nepal: Discrimination and Forced Labour Series 5 Decent Work for all Women and Men in Nepal Dalits and Labour in Nepal: Discrimination and Forced Labour Series 5 International Labour Organization ILO in Nepal Copyright © International Labour Organization 2005 First published 2005 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the Publications Bureau (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. 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Dalits and Labour in Nepal: Discrimination and Forced Labour Kathmandu, Nepal, International Labour Office, 2005 ISBN 92-2-115351-7 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected] Visit our website: www.ilo.org/publns Printed by Format Printing Press for ILO Office in Nepal Printed in Nepal. ii c ontents Abbreviations and Acronyms vii Foreword ix Acknowledgements xi Executive Summary xiii Maps xix Chapter 1: Introduction 1 1.1 Concepts and Definitions 1 1.1.1 Caste and ethnic groups 1 1.1.2 Dalit 1 1.1.3 Prejudice 2 1.1.4 Discrimination 2 1.1.5 Discrimination in labour 3 1.1.6 Work and labour 3 1.1.7 Employment and occupation 4 1.1.8 Labour force, work force and labour force participation rate 4 1.1.9 Participation 4 1.1.10 Child labour 4 1.1.11 The worst forms of child labour 5 1.1.12 Forced labour 5 1.1.13 Slavery and slave 6 1.1.14 Sex, gender and gendering 6 1.1.15 Bista 6 1.2 Nepalese Society and the Caste System 6 1.3 Caste Discrimination 7 Chapter 2: Dalits in Nepal 9 2.1 Demographics 9 2.1.1 Dalit population 8 2.1.2 Distribution of Dalit population 15 2.1.3 Household size, sex composition and age structure 15 2.1.4 Migration, dependency ratio, index of ageing, median age and morbidity 15 2.1.5 Adult literacy and education 16 2.1.6 Labour force 17 2.2 Hierarchy within Dalits 17 2.2.1 Hierarchy within hill Dalits 17 2.2.2 Hierarchy within terai Dalits 18 2.2.3 Hierarchy within Newar Dalits 18 2.2.4 Hierarchy as a lived experience 19 iii Chapter 3: Socio-cultural, Economic and Political Exclusion, Occupations and Access to Resources 21 3.1 Participation at Local Level 21 3.1.1 Participation in socio-cultural and economic processes 21 3.1.2 Political exclusion 24 3.2 Exclusion at Macro Level 24 3.2.1 Exclusion from socio-cultural and economic processes 24 3.2.2 Exclusion from macro-level politics 27 3.3 Occupations and Access to Resources 29 3.3.1 Traditional occupations 29 3.3.2 Major occupations 30 3.3.2.1 Perception of income levels in various occupations 32 3.3.2.2 Perceptions of social status of various occupations 32 3.3.2.3 Production of goods 32 3.3.2.4 Markets for commodities produced 33 3.3.2.5 Problems in marketing 33 3.3.2.6 Non-traditional activities 33 3.3.2.7 Occupational mobility 34 3.3.2.8 Training 35 3.4.1 Access to resources 35 3.4.2.1 Access to land 36 3.4.2.2 Income and consumption 36 3.4.3.3 Access to credit 36 3.4.3.3.1 Sources of credit and nature of transactions 36 3.4.3.3.2 Purposes of borrowing 37 3.4.3.3.3 Indebtedness 37 Chapter 4: Dalits and Labour 39 4.1 Occupations and Livelihoods 39 4.2 Discrimination in Labour 40 4.2.1 Discrimination in employment 40 4.2.1.1 Wages/Salaries 40 4.2.1.2 Work allocation 40 4.2.1.3 Conditions at the work place 41 4.2.2 Forced labour 41 4.2.2.1 Perceptions and experience of forced labour 41 4.2.2.2 Factors, individuals and groups forcing continuation of traditional occupations 42 4.2.2.3 The patron-client or the Bista system 42 4.2.2.4 Carcass disposal 43 4.2.2.5 Commercial sexwork 4.2.2.6 Carrying the sick, dead and bridegrooms 44 4.2.2.7 Casual and irregular jobs 44 4.2.2.8 Threats for resisting forced labour 44 4.2.3 Child labour 44 4.2.3.1 The worst forms of child labour 45 iv 4.2.4 Other manifestations of labour discrimination 47 Chapter 5: Escaping Strategies and Coping Mechanisms 49 5.1 Escaping Strategies 49 5.1.1 Migration 49 5.1.2 Change of traditional surname 51 5.1.3 Religious conversion 51 5.2 Coping Mechanisms 51 5.2.1 Education and skill development 51 5.2.2 Sanskritization 51 5.2.3 Political extremism 51 Chapter 6: Legislation, Policies and Programmes for Reducing Labour Discrimination 53 6.1 Domestic Legislation 53 6.1.1 Moral sanctions 53 6.1.2 Legal sanctions 53 6.2 Policies and Programmes 56 6.2.1 Recent government policy measures 61 6.2.2 Initiatives from INGOs, NGOs and multilateral and bilateral donor agencies 61 6.2.2.1 ILO, decent work and poverty reduction 62 Chapter 7: Dalit Civil Society Movement 65 7.1 Background 65 7.1.1 Geographic coverage, programmes, activities and target groups 65 7.1.2 Size and resources of DNGOs 65 7.1.3 DNGOs' affiliations 66 7.2 Findings and Conclusions 66 Chapter 8: Conclusion and Recommendations 69 8.1 Conclusion 69 8.2 Recommendations 71 8.2.1 Legislation and policy 71 8.2.2 Advocacy 71 8.2.3 Interventions 72 8.2.3.1 Awareness raising 72 8.2.3.2 Capacity building 72 8.2.4 Monitoring and evaluation 72 8.2.5 Research 73 Bibliography 75 Annexes 81 v List of Boxes Box 2.1: Casteism within Dalits 17 Box 3.1: Denying Dalits Access to Public Resources 22 Box 4.1: Blockading of a Dalit Village 42 Box 4.2: Kalawati: Faced with an uncertain future 43 Box 4.3: Dalit Girls are Touchable! 44 Box 4.4: Mithuwa Musahar: Child domestic labour 45 Box 5.1: Migration: Escaping untouchability 50 Box 5.2: Migrating to Capital City in Search of Job 50 Box 6.1: Discrimination in Citizenship 54 Box 6.2: Some Court Cases Pertaining to Dalits 63 List of Tables Table 2.1: Dalit Population in Nepal, 1991 and 2002 10 Table 2.2: 'Untouchable' and 'Touchable but Water Unacceptable' Groups as per the Old Civil Code 12 Table 2.3: Dalit Population in 2001 as per the list prepared by the Dalit Development Committee 13 Table 2.4: Groups defined as Dalit in this Study 14 Table 2.5: Status of Adult Literacy of Dalit Population by Caste and Sex 16 Table 3.1: Integrated National Caste/Ethnicity Index of Governance 1999 25 Table 3.2: Caste/Ethnicity Analysis of Leadership Position Holders in the Royal Nepal Academy and other Cultural Associations 2002 26 Table 3.3: Caste/Ethnicity Analysis of Academic and Administrative Leadership Position Holders at Tribhuvan University 2002 26 Table 3.4: Caste/Ethnicity Analysis of Leadership Position Holders in Scientific Organizations and Professional Associations 2002 27 Table 3.5: Caste/Ethnicity Composition of Police Officers 2002 28 Table 3.6: Traditional Occupations associated with Different Caste Groups 29 Table 3.7: Distribution of Income and Expenditure by Major Caste/Ethnic Categories 36 vi abbreviations and acronyms CBO Community-based Organization CDO Chief District Officer CERD Committee on the Elimination of Racial Discrimination CERID Research Centre for Educational Innovation and Development CRC Convention on the Rights of the Child DANIDA Danish International Development Assistance DDC District Development Committee DFID Department for International Development D-LAC Dalit Legal Aid Centre DNF Dalit NGO Federation DNGO Dalit Non-governmental Organization DWO Dalit Welfare Organization FEDO Feminist Dalit Organization FY Fiscal Year HMG/N His Majesty's Government of Nepal HUGOU Human Rights and Good Governance Advisory Unit ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICIMOD International Centre for Integrated Mountain Development ILO International Labour Organization INGO International Non-Governmental Organization INSEC Informal Sector Service Centre JUP Jan Utthan Pratisthan LSGA Local Self-Governance Act 1999 LWF Lutheran World Federation NESAC Nepal South Asia Centre NGO Non Governmental Organization NPC National Planning Commission SDC Swiss Development Cooperation UN United Nations UNDP United Nations Development Programme VDC Village Development Committee vii viii foreword ne of the key factors that perpetuate poverty is social and economic exclusion through Odiscrimination.
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