The fate of ex-bonded labor in Nepal

On July 17, 2000, the then government declared the practice of bonded labor illegal. This was a landmark decision as it liberated the Kamaiyas from the age-old clutches of bonded labor from the five tarai districts namely - Banke, Bardia, Kailali, Kanchanpur and Dang. As many as 200, 000 bonded labor were declared free of their ancestral debts. However, their condition has not changed even over two decades after their emancipation which was akin to modern slavery. Most of the people who came under the Kamaiya Pratha came largely from the Tharu community, an indigenous people of the tarai region. They were the most deprived group in the country. They did not have access to services catered by the locally based government institution. They were forced to work another person’s land under the pretext of repaying an ever-increasing debt. Their children were deprived of education which acts as a barrier to their overall development. The children who were supposed to be enjoying the fruit of education were compelled to work as cow herders for free. In plain words, they were suffering silently with no sign of relenting. However, the agonized, desperate and infuriated Tharu people raised the joint struggle to emancipate themselves from the clutches of bonded labor laying the ground for their dignified life thereafter.

While declaring them free from the Kamaiya Pratha, the government relieved them from all sorts of debts that they owed to their masters and also promised a plot of land for livelihood support until they become self-reliant. Many applauded the move of the government saying it will certainly help to build an equitable, just and democratic society. However, it seems that the government made the decision without adequate homework and understanding of the ground realities as the majority of ex-Kamaiya are still waiting for the government to walk the talk.

In 2002, the Kamaiya Labor (Prohibition) Act (henceforth referred to as the 2002 Act) was adopted, which prohibited bonded labor among Kamaiya's, declared all loans taken as null and void, and declared all persons working as Kamiya labourers free. The Act established freed Kamaiya Rehabilitation and Monitoring Committees. It also established fines for anyone in violation of the law, ranging from

NPR 15,000 (US$198) to NPR 25,000 (US$330), alongside fines for any failure to return mortgaged property. The 2002 Act also provided that, upon completion of housing construction, the government would hand over an additional grant of NPR 2,000 (approximately US$27) for incomegenerating activities, which included chicken, goat or pig farming If media reports are any guide, there are still 953 freed Kamaiya families who are yet to be rehabilitated in line with the commitment of the government. Out of 8,975 freed Kamaiya families, 8,022 families have received a piece of land for housing while others are waiting for land at different locations. On the other hand, those who are waiting for the land for housing purposes are living in makeshift forest banks in destitution with no access to basic amenities such as health care, education for their children and livelihood support. Some of the freed Kamaiya have lamented that they have been denied the FreedKamaiya Identify Card while 173 families have got their ID scrapped for no reason.

The forest department is not leaving any stone unturned to add to their woes. It is reported that freed Kamaiya living in the makeshift forest are time and again threatened by the forest department accusing them of encroaching the government land. It is not understandable what led the forest department to torture the freed Kamaiyas who are sheltering in governmentdesignated areas.

More than nine decades ago, the then Rana prime minister Chandra Shamsher abolished the slavery system in Nepal. He announced that he will provide land and money to the freed slaves from the treasury of Pashupathinath for their livelihood support. Unlike our present-day leaders, he not just made the commitment but also translated his word into action. Our present-day leaders need to learn from the Rana prime minister how povertystricken people could be rehabilitated in society. The voices of the frustrated freed Kamaiyas are not heard in the power- corridors of Singha Durbar. The politicians are busy beating their own trumpet and tend to defy any constitutional laws to remain in power indefinitely. The corrupt and incompetent bureaucrats are not taking the issue seriously and their only intention is to make hay when the sun shines. All these have only saddened and agonized the freed Kamaiya laying the ground to breed antistate sentiments among them and we all know that it does not bode well for a country like ours. One cannot understand what is stopping our government from translating its word into action. It is also not clear why the government is turning blind eye to the problems of the freed Kamaiya under one pretext or the other. The nation cannot embark on prosperity and cannot ensure equitable development if it ignores the concerns of some section of the country’s population.

At present, there is a fear among the people that Kamaiya could return to their old masters seeking livelihood support. They complain that the lackadaisical approach of the government could frustrate the freed Kamaiyas forcing them to return to their old masters. Given the unpredictable character of our leaders with the fickle mind, their projection cannot be ruled out altogether.