FORCED LABOUR OF ADULTS AND CHILDREN IN THE AGRICULTURE SECTOR OF NEPAL ILO Country Office for Nepal - Series no. 11 FORCED LABOUR OF ADULTS AND CHILDREN IN THE AGRICULTURE SECTOR OF NEPAL FOCUSING ON HARUWA-CHARUWA IN EASTERN TARAI AND HALIYA IN FAR-WESTERN HILLS Bal Kumar KC, Govind Subedi and Bhim Raj Suwal Central Department of Population Studies Tribhuvan University, Kathmandu Copyright © International Labour Organization 2013 First published 2013 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 ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO Cataloguing in Publication Data Kumar KC, Bal; Subedi,Govind; Suwal, Bhim Raj Forced labour of adults and children in the agriculture sector of Nepal: focusing on Haruwa-Charuwa in eastern Tarai and Haliya in far-western hills / Bal Kumar KC, Govind Subedi, Bhim Raj Suwal; International Labour Organization.- Kathmandu : ILO, 2013. ISBN 9789221274933; 9789221274940 (web pdf) ILO Country Office for Nepal forced labour / child labour / agricultural worker / working conditions / agriculture / Nepal 13.01.2 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. 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This publication does not necessarily reflect the views or policies of Irish Aid or USDOL, nor does mention of trade names, commercial products, or organizations imply endorsement by the Government of Ireland or the Government of the United States Foreword Forced labour, modern day slavery and human trafficking are subjects of widespread international concern and action. The International Labour Organization’s two Conventions on forced labour, the Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced Labour Convention, 1957 (No. 105) are among its most widely ratified instruments. Yet, these problems still persist on an alarming scale, affecting all regions of the world in different forms and to varying extents. The most recent ILO estimates for 2012 indicate that at least 20.9 million people worldwide are victims of forced labour, and the region most affected is Asia-Pacific, with some 11.7 million victims. Nepal has ratified both ILO forced labour Conventions, and has put in place national policies and programmes to deal with forced labour, particularly as it affects workers in the agricultural sector. The Bonded Labour (Prohibition) Act, 2058 (2002) represents a significant milestone in Nepal’s struggle to eliminate all forms of bonded labour, with a particular focus on the kamaiya system that was prevalent in the far west of the country. The 2008 government declaration on the liberation of haliya was another important step. However, it is widely acknowledged that significant gaps and challenges in implementation remain; action is still needed to ensure the complete and effective rehabilitation of these groups as well as others who may still be subjected to bonded labour and other forced labour practices in agriculture and other sectors of Nepal’s economy. Policies and programmes to combat forced labour need to be based upon solid data on the nature and extent of the problems to be addressed. Unfortunately, such data are lacking in virtually every country in the world. Given the often hidden nature of forced labour, that it may occur in remote regions or isolated locations, and that the victims may themselves be unaware of the fact that they are in forced labour, data collection through household surveys and other means is particularly challenging. The International Labour Office, through the Special Action Programme to combat Forced labour (SAP-FL) and the International Programme on the Elimination of Child Labour (IPEC), therefore embarked on a project between 2008 and 2010 to develop survey methodologies to estimate forced labour of adults and children at country level. The project involved close collaboration with national partners in ten countries: Armenia, Bangladesh, Bolivia, Georgia, Guatemala, Côte d’Ivoire, Mali, Republic of Moldova, Nepal and Niger. The overall results of this project have been reported in the publication “Hard to see, harder to count: Survey guidelines to estimate forced labour of adults and children” (ILO, 2012). This contains detailed methodological guidance on how to conduct such surveys, drawing on the experience gained through implementation in the ten participating countries. A particular focus is on the use of forced labour “indicators” in the design of the survey instrument and data analysis, to enable the detection of forced labour in practice. The results of the country-based surveys are presented in separate reports. This publication reports the results of the survey conducted in Nepal by the Central Department of Population Studies (CDPS) of Tribhuvan University in 2009, with the technical support of the ILO. As indicated in the title, the survey addresses forced labour of adults and children in agriculture, with a particular focus on the haruwa-charuwa in the eastern Tarai and the haliya in the Far-Western hills. This survey generated quantitative estimates of the number of people affected by forced labour, but also many important qualitative insights into the nature of the practices and the consequences for the adults and children affected. It also draws comparisons between the situation of the “target groups” (haruwa-charuwa and haliya) with other households living in the survey districts. i The ILO acknowledges with gratitude the work of the research team in designing, implementing and analysing the survey. The ILO wishes also to express its appreciation to the government of Nepal, in particular the Ministry of Land Reform and Management and the Ministry of Labour and Employment, for its on-going collaboration with the ILO in efforts to improve the situation of this vulnerable population group in Nepal, particularly for the rehabilitation of freed haliya in twelve districts of the Mid- and Far-Western hills. We trust that the results of this survey will play an important part in the formulation and implementation of effective policies and programmes to benefit former and current bonded labourers in Nepal in the months and years to come. José Assalino Director, ILO Country Office for Nepal, Kathmandu June, 2013 ii Acknowledgements The present study on Forced Labour of Adults and Children in the Agriculture Sector in Nepal, focusing especially on Haruwa-Charuwa in Eastern Tarai and Haliya in Far-Western Hills, was undertaken during April–December, 2009. The study was undertaken by the Central Department of Population Studies, Tribhuan University, Kathmandu. It was conducted in two phases. In the first phase, qualitative information was collected followed by quantitative data in the second phase. I am grateful to Mr Shengjie Li, Director, ILO Office in Nepal, Kathmandu, Nepal for bestowing upon us the responsibility of conducting this study. The whole research has been conducted under the continuous guidance and support of ILO Nepal and ILO Geneva, Special Action Programme to combat Forced Labour (SAP-FL) and International Programme on the Elimination of Child Labour (IPEC). Ms Michaëlle de Cock, Ms Caroline O’Reilly and Mr Bijoy Raychaudhuri of ILO Geneva provided special guidance. Initial guidance from Mr Debi Mondal, then from ILO, New Delhi, India is much appreciated. Ms Caroline O’Reilly undertook extensive final editing of the report, and Ms Caroline Chaigne-Hope was responsible for the report design and layout. This report is the outcome of combined efforts of us all. Mr Uddhav Raj Poudyal, Mr Hirendra Lal Karna and Ms Sita Devi Gurung of ILO, Kathmandu, deserve special thanks for their unflagging support from beginning to the completion of this study. I highly appreciate the efforts of Dr Govind Subedi and Dr Bhim Raj Suwal for coordinating the overall execution of the project and for completing the first draft report. Mr Mohan Khajum deserves special thanks for providing his expertise to manage the data for this research. I am also thankful to Mr Shiva Prasad Khanal and Mr Laxman Singh Kunwar for their careful supervision of field operation. All the field surveyors deserve special thanks for their relentless work for collecting data even during the rainy season.