This research was conducted as a joint effort between FORUM-ASIA and its Nepali member, the Community Self Reliance Centre (CSRC) and focuses on the Harawa-Charawa, a Nepalese community living in conditions of bonded labour in a country that remains amongst the most vulnerable to the impacts of climate change. This report examines the Harawa-Charawa’s experience of human rights violations, and observes the links between economic, social, and cultural rights; and civil and political rights; as well as climate change.
This report is based on two focus group discussions and bilateral interviews that were held between 26 September to 2 October 2020, with 30 people from three wards of the Dhanauji Rural Municipality, including the Provincial Minister of Land Management, Agriculture and Cooperative.
In addition to desktop research, direct observation of houses and the infrastructure of water wells and field crops contributed to the findings of this report.
BACKGROUND
Persons living in poverty often live in ecologically fragile or marginal areas, and are therefore more susceptible to the effects of climate change. This in turn, poses a risk to their human rights.
Inequalities are interlinked: persons living in poverty often experience multilevel exclusions, such as a lack of access to assets such as land, water, and electricity; as well as a lack of an opportunity to effectively participate in decision-making processes that could impact their lives. These inequalities make vulnerable groups even more susceptible to the harms of climate change, while simultaneously eroding their ability to recuperate from them.
The field mission took place in Dhanauji village, Dhanusha District, Province No. 2 in Nepal. Province No. 2 (प्रदेश नं० २) is located at the southeastern region of Nepal and was formed after the adoption of the 2015 Constitution of Nepal. It is Nepal's second most populous province and smallest province by area, with a population of 5,404,145 per the 2011 Census of Nepal, and an area of 9,661 km2 (3,730 sq mi). It borders Province No. 1 to the east, Province No. 3 to the north, and India to the south.
Dhanauji village in Nepal
According to a Labour Force Survey Report published by the International Labour Organisation (ILO) and the Nepalese government, Province No. 2 has the highest unemployment rate, at a rate that is 8.7 percent higher than the national average. In 2013, the ILO estimated that there are about 70, 000 Harawa-Charawa households residing in the six Tarai districts of Province No. 2. The province also lags behind in the percentage of vaccinated children at only 65 percent vaccinated as opposed to the Gandaki Province that has vaccinated 93 percent of its children.
The focus of this research is on the Harawa-Charawa community, a Nepalese community living in conditions of bonded labour in a country that remains amongst the most vulnerable to the impacts of climate change. The Harawa-Charawa community reside mainly in the Tarai districts. Harawa, which means ‘forced tiller’, are titles assigned to adult males hired to plough land for landowners in exchange for in-kind payments, or repayments for debts owed to them. Charawa, meaning ‘forced cattleherder’, are mainly young males, (usually the sons of the Harawa), who are employed to herd cattle.
Moreover, Harawas plough the field of the landowners under a long-term labour contract and are attached to the landowners’ family. A Harawa’s wife and children also serve the landowners’ family, often without being paid. They are usually supported by the landowner through the provision of leftover food, used clothes’, and in some cases, physical and financial protection.
The Harawa-Charawa are forced to work to pay off a debt, however, the amount of their labour does not offset the amount of the debt. In most instances, landowners impose exorbitant interest rates. The debt then becomes too high and is thus passed on for generations until the debts are repaid. Landowners typically provide little to no salary for bonded labourers, but offer food, accommodation, and clothing in exchange for their work. This cycle essentially leaves bonded labourers fully indebted and dependent on the landowners.
Data collected in 2013 indicate that two-thirds of almost 70,000 Harawa-Charawa households in the seven Tarai districts are comprised of Tarai Dalits; whereby 95 percent of this subset live in conditions of forced labour. The same data illustrates their dismal living conditions, with a mere 3.9 percent having access to piped water, 1.8 percent having access to toilet facilities, and 16.5 percent having access to electricity.
There is a dearth of data that documents the Harawa-Charawa’s experiences with civil and political rights violations, particularly, in relation to the rights to freedom of expression, assembly and association. However, caste-based violence remains rampant, coupled with extreme cases of gang rapes and killings. In 2019 alone, 61 cases of the human rights violations that were recorded in Nepal were related to the practice of untouchability, and Dalits were among the three most targeted groups.
The same holds true for violations faced by the Harawa-Charawa in the face of climate change. Media reports are just beginning to capture exacerbated vulnerabilities borne by current and former bonded labourers. Even after their liberation in 2002, land given to former bonded labourers in five districts (Banke, Bardiya, Kailali, Kanchanpur and Dang) are found to be flood prone: this entails needing to rebuild their houses using savings, and in some cases, accessing new loans every time flooding occurs.
This report, therefore, attempts to draw on these commonly stand-alone topics, i.e. Economic, Social and Cultural Rights; Civil and Political Rights; and Climate Change, to paint a holistic picture of the condition of the Harawa-Charawa in Dhanusha, Nepal.
Left: A Harawa-Charawa local holding his farm tool.
Methodology
On 26 September 2020, two CSRC employees accompanied by a photographer drove 253.3 kilometres to reach Dhanauji village in the Dhanusha District, where they were joined by a local facilitator based in Dhanauji.
CSRC employees conducted interviews based on thematic questionnaires prepared alongside FORUM-ASIA in English, and subsequently translated into Nepalese by CSRC.
Two focus group discussions were held with 15 members of Harawa-Charawa community (i.e., 10 men and five women) from the Dhanauji Rural Municipality wards two, three and four while 15 bilateral interviews were conducted with four men and eight women of Harawa-Charawa community from the three wards of Dhanauji Rural Municipality.
Three bonded labour activists, two local authorities, and one government official were also interviewed in person.
Interviews were conducted in the local Maithali language and the answers were then translated into Nepali and English.
COVID-19 health protocols were strictly followed in the course of the field mission.
Right: A Harawa-Charawa interviewee in front of his home.
Economic, Social and Cultural Rights
The Constitution of Nepal guarantees a plethora of economic, social and cultural rights (ESCRs) as fundamental. In addition to this, Nepal has wholeheartedly accepted human rights obligations, including the provisions set forth in the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Despite constitutional adoptions and treaty accessions, the reality of Harawa-Charawa households shows a huge gap between national and international obligations and the current state of their rights.
All elements under the Harawa-Charawa system provide fertile ground for exploitation. The field mission revealed that interviewees are deprived of the minimum core elements of ESCRs. The key issues that were identified as relating to debt-traps and unjust working conditions include: landlessness; hunger; lack of safe housing and drinking water; proper sanitation; deprivation of adequate health care facilities; lack of access to free and compulsory education; the practice of untouchability in public and cultural life; and the adverse effects of COVID-19.
Debt-traps and unjust working conditions
Testimonies point to a myriad of challenges faced by the Harawa-Charawa in their struggle to make a living through a system designed to keep them indebted to their landowners. Interviewed individuals are all engaged in agricultural field work.
Planting, harvesting, and cultivating mostly staple crops such as paddy, wheat, and maize, as well as caring for animals comprises the bulk of the work of the Harawa-Charawa. Women engage in household chores such as washing dishes, collecting firewood, fetching water, cooking and caring for livestock, in addition to fieldwork. In order to gather firewood, the women usually have to walk a minimum of 30 minutes every day to the forest.
Wedding dowries and costs related to migration for employment in other countries were cited as the top two reasons for acquiring loans, with landowners imposing excessive interest rates. With a meagre income, paying even the principal amount has become insurmountable for interviewees.
All interviewees were confirmed to have debts, the highest being 500,000 NPR (approximately USD 4,235 ) and lowest being 140,000 NPR (approximately USD 1,185), with interest rates varying from 36% to 48% per year.
Right: The fact-finding mission team conducting a bilateral interview with a Harawa-Charawa interviewee.
“I start my day from 4 am at the early morning and it takes almost 2 hours for normal sanitation of home and caring [for] three goats and one buffalo, then need to go to work at the landowner’s home and almost all days 8-10 hours goes for farming related work… little time goes for the livestock related work and collecting water and cooking food for family…" (Dhanauji resident)
The daily wage of eight kilos of paddy per day, roughly equivalent to 160 NPR (approximately USD 1.36), combined with a six to eight hour working day is simply not sufficient to escape their situation.
"I worked hard day and night regardless of temperature since I had to repay loan and arrange food for my family. It has already been eight years, since I returned [from abroad]. I spent there three years and returned due to difficulty to work. I could repay only NPR 180,000 as principal amount. But the interest so far reached to NPR 900,000. How could I manage to pay such a big amount? It has been a big source of anxiety for me." (Dhanauji resident)
The Harawa-Charawa are then compelled to look for additional sources of income while remaining ‘employed’ by a landowner. None of the interviewees are granted any days off, including for leave or public holidays, nor do they have access to social security benefits.
Even when menstruating, women and their daughters-in-law are compelled to work. Women interviewees work for an average of seven months during their pregnancy. In the remaining months, either husbands or sons take turns to work.
Left: 8 kilogram of rice paddy, equivalent of 160 NPR (approximately USD 1.36), the typical daily wage of the Harawa-Charawas.
“We have to work [during] menstruation as well. If it is farming season no excuses can be made to skip work. Who will not think of taking rest when she is feeling unwell?" (Dhanauji resident)
Left: Harawa-Charawa women gathering in Dhanauji.
The luxury of land, food and education
Land is the most important household asset for households that depend on agriculture for their livelihoods, therefore, control over land is synonymous with wealth, status, and power. Many rural households of mainly Dalit families in the Eastern Tarai are without land, which means that these households are dependent on agriculture but cannot claim any legal ownership over land, including the land they farm on. Even those who own land cannot survive from their own production due to the inferior quality of land for agriculture.
Landlessness can be identified as one of the root causes of debt-trap and is an overall infringement of the Harawa-Charawas’ ESCRs, as most interviewees perceive that owning land alleviates food shortages. Two of the interviewed households have access to around 680 square meters of laguwai.*
*Laguwai is a small piece of land provided by a landlord to a Harawa-Charawa in return for ploughing land or doing other agricultural work in the field. This land is confiscated by the landlord once the landlord dismisses the Harawa-Charawa.
All the other households do not have access to cultivated land and must use their wages to buy food from shops. Only one household said that they would be able to survive solely on their own food production, as the laguwai would provide food for a maximum of six months. According to all other interviewees, there was no other way to access food without wages.
With insufficient income, food insecurity has become a key concern among the Harawa-Charawa, especially in times of increased food prices resulting from climate induced disasters. Most interviewees can only manage to eat two meals a day, which usually consist of rice, salt, and roti (flat round bread). Some purposely limit food intake to save for the future, in case of a lack of earning.
"If income is good, we eat curry. If not, it’s salt and rice. For the granddaughters, we try to make something tasty.” (Dhanauji resident)
Limited access to income and food leaves education as an afterthought. Food allowance was identified as the main cost preventing parents from sending their children to school, followed by books, uniforms, exam fees, and stationery, which they consider to be ‘unsustainable expenses.’
Even though free and compulsory education is guaranteed by the State, only 11 people from wards two, three and four received any sort of education. None of the bilateral interviewees have been able to access secondary education, while most do not access education at all.
Discrimination begins at home
Multiple-level exclusions faced by the Harawa-Charawa are reflected in the conditions of their homes. In particular, the lack of toilet facilities was identified by women interviewees as a critical issue.
Majority of the households do not have toilet facilities simply because land is not available to them. Instead, they have to use open areas, riverbanks, or bushes far from the house.
Half of the interviewees live in houses made with mud and thatched roofs, while the other half managed to build tiled roofs that were held together by mud and soil. When asked if they were able to make any improvements on their houses in the last year, only one household noted that they had managed to build a temporary kitchen made from bamboo.
"We do not have a toilet, as our land area is not fit for it. We use the open field for toilet. Sometimes, ponds and farms are used as well. Many times, owners and community members scolded us for using their farms, but we don’t have any land to construct the toilet." (Dhanauji resident)
Access to electricity is also challenging; buying the appropriate wires and meter box can cost up 4,000 NPR [USD 34], and half of the interviewees cannot afford it.
This sense of discrimination and exclusion continues outside the home. Harawa-Charawa families are deprived of their right to take part in cultural life due to the deep-rooted practice of untouchability against Dalits. Interviewees complained that:
"We are not free to take part in festival celebrations in public places. Every time, when we go to the areas surrounding the nearby pond to celebrate Chhath*, the non-Dalits don’t allow us to even touch the pond. They insult us because we are Dalits. Last time, they didn’t allow us to stay there and we were compelled to move to another river." (Dhanauji resident)
*Chhat is an ancient Hindu festival dedicated to the sun god and his wife. It lasts four days.
Left: Chhath festival.
Photo credit: Bikram Rauniyaar
Physical and mental health struggles
Illnesses pose an additional rationale for taking out loans. Cold, cough, fever and diarrhoea were listed among the most common forms of illness among interviewees. Recurring reasons for poor health include poor water quality, lack of nutritious food, and a proper, comfortable place to sleep. The lack of available medicines at the village health post was pointed out, which indicates that they may not get well treated when ill. Additionally, health insurance was seen as an unnecessary expense
Unpaid and accumulating loans coupled with exorbitant interest rates were consistent sources of stress. Women interviewees identified the lack of toilet facilities as an equally stressful concern in addition to: problems posed by their husbands’ alcoholism; their sons’ return from abroad; and gender-based violence.
"I am always stressed. How do I pay back the loan which has now almost doubled within a year? I have no property to pay the loan with. I’ve been struggling every day to put together two meals a day. I’ve not seen any happy days coming in my life.” (Dhanauji resident)
Right: A Harawa-Charawa interviewee walking away from a water pump
CIVIL AND POLITICAL RIGHTS
The Constitution of Nepal explicitly prohibits forced labour, and safeguards the right of every individual to freely choose their employment. Further, the constitution mandates punishment by law for forced labour and guarantees the rights of victims of forced labour to remedy and compensation.
Despite the constitutional obligation to banish forced labour, landowners, including lenders, hold the Harawa-Charawa in debt bondage and operate with nearly complete impunity. Contrary to the entitlement to compensation, the Harawa-Charawa often have no recourse or avenues to seek compensation. Testimonies documented from the field revealed that the Harawa-Charawa have no ability to challenge or bargain with landowners, and are therefore unable to free themselves from debt bondage. Instead, debt-bondage appears to be transferred from one generation to the other and traps entire family lineages in debt
Voting woes
Testimonies indicate that some of the Harawa-Charawa were able to exercise their right to vote without hindrance in the last election, while some interviewees reported that they did not vote since their names were not included in the municipal electoral registry.
While the Harawa-Charawa have not been prevented from voting, testimonies also suggest that there are no measures to ensure their genuine participation in elections. One of the main factors for genuine participation of voters in elections is the availability of accurate information about the electoral process, political candidates, and their priorities.
While basic information about candidates is available in the local language of Maithili, the majority of interviewees agree that this information is inadequate. They are not provided with sufficient information about candidates’ election pledges or their priorities, which limits them from making an informed decision about their vote.
When asked whether election pledges of candidates reflect concerns of Harawa-Charawa communities such as freedom from bonded labour, interviewees responded that they often hear promises and assurances about their concerns prior to elections, but once elected, as one interviewee put it,
"I do not think they even talk about Harawa-Charawa in their council discussions.” (Dhanauji resident)
Photo: FFM team interaction with Harawa-Charawa community.
The responses also raise questions about the integrity of the electoral process. Interviewees implied incidences of bribery both in local and provincial elections. One interviewee reported that their family was offered a kilogram of mutton and 500 NPR [approximately USD 4.25] to vote for a specific party. Another interviewee shared that their family was given 500 NPR in exchange for voting for a particular party. Meagre sums of money given in exchange for votes suggest that the conditions of the Harawa-Charawa make them extremely susceptible to exploitation by political candidates during elections.
Additionally, women interviewees reported that their husbands or male members of their families decide whether the women in the household vote or not.
Furthermore, no member from the Harawa-Charawa community was elected as a candidate for the ward or rural municipality during the local election of 2017. Absence of representatives belonging to the Harawa-Charawa community contributes to the marginalisation of their situation in local political and decision-making processes.
Neglected by all - futile collective action
Data suggests that Harawa-Charawa have often organised themselves to collectively raise their concerns and demands to authorities at the rural municipality and federal level. Majority of interviewees said that they belong to either one of the two main associations that advocate for the rights of the Harawa-Charawa in their district.
These interviewees revealed that they have participated in protests at the rural municipality level demanding their rights. The overarching aim of both organisations is the emancipation of the Harawa-Charawa from bonded labour. According to interviewees, authorities have not obstructed their collective action or protests, nor have they faced reprisals from authorities for taking part in such action.
"We protested in front of our Rural Municipality Office. We demanded for food, better housing, and land. We also asked for free health care and education. Nobody prevented us from organizing the protest program. However, we got no more than assurance." (Dhanauji resident)
Interviews with activists and civil society leaders indicate another key factor in the lack of attention for the plight of the Harawa-Charawa: their voices are marginalised among civil society organisations created to advocate for Dalit rights in Nepal’s Terai region.
Left: A Harawa-Charawa interviewee
Left: Umesh Sah, bonded labour activist
"We have been raising the issues of excessive interest rate. But the landlords threatened us not to raise this issue,” (Umesh Sah, Program Coordinator, Dalit Society Welfare Committee Nepal)
Lack of accountability and redress mechanisms remain one of the main factors that contribute to the perpetuation of bonded labour systems such as Harawa-Charawa. The National Human Rights Commission (NHRC), the constitutionally-mandated institution for promoting and protecting all human rights, including civil and political rights, is one of the main avenues for accountability and redress for human rights violations.
However, the Commission remains out of reach for the Harawa-Charawa. All interviewees stated that they did not know about the NHRC and its functions.
Official policy of discrimination and exclusion
Testimonies of the Harawa-Charawa reveal that the Government of Nepal’s attitude and approach towards them continue to be discriminatory and exclusionary. This approach and attitude is responsible for the persistent and dire situation of the Harawa-Charawa, despite the long-standing constitutional prohibition of all forms of bonded labour.
"If society and state were fair to us, we the Harawa-Charawa families would have our own land. But the Government treated us unequally." (Dhanauji resident)
Left: A Harawa-Charawa interviewee.
On 17 July 2002, the Council of Ministers decided to ‘liberate’ all bonded labourers in the country. The Government of Nepal enacted the Kamaiya Labour (Prohibition) Act (‘Bonded Labour Act’) in 2002 in order to translate the ‘politically declared liberation’ into reality. The definition of ‘bonded labourer’ in the Act includes the Harawa-Charawa.
As indicated by the collected testimonies, no such initiative to 'liberate' has been implemented with regards to the Harawa- Charawa, even though the Bonded Labour (Prohibition) Act also applies to them. Similarly, their identification and rehabilitation has not been made a priority.
Expressing dissatisfaction with the Government’s approach towards dealing with the Harawa-Charawa, one activist observed:
"At least a piece of land, housing grant and skills development training has already been provided to most of the Kamaiya and Haliya* unfortunately, similar support has not been provided for the Harawa-Charawa." (Umesh Sah, Program Coordinator, Dalit Society Welfare Committee Nepal)
*Kamaiya and Haliya are other forms of bonded labour systems found in Nepal.
Climate change
"Now is hotter than previous years. The rain is not predictable, and our farming work has been hampered. The chirping of birds has also decreased, might be due to the fact that the natural ponds in our area are drying up." (Dhanauji resident)
Above: Harawa-Charawa interviewees and children
Evidence collected from the field suggests that the Harawa-Charawa are severely affected by climate change. All interviewees noticed variations in weather patterns, such as higher temperatures during summer and winter, and extreme and unpredictable rainfall. Women in particular observed diseases being more common and floods taking longer to subside, while men stressed that the heat has become unbearable in the field.
"If it rains heavily, we can’t go out to earn money, transportation is disrupted. If there is drought, there is no food production and food’s price increases." (Dhanauji resident)
Too much, too little water
For several years, recurring floods have been a major issue in the Dhanusha district. In the last ten years, the Government recorded 275,723 flood-affected families in the district, with nearly 7,000 homes damaged and 3,800 being washed away by the local rivers (Jalad, Kamala, and Jamuni).
There is data that indicates that climate change-induced flooding effectively stalls debt payments. The situation seems to be more challenging for households living in Rural Municipalities numbers two and four as these municipalities are close to the River Kamala. Interviewees from these areas shared that they have no choice but to wait for floods to subside, a process that could take anywhere between one hour and 20 days, during which they would have no income.
Throughout the wait, interviewees shared that they usually retain their contracts with landowners, but receive no wages. Whole households can spend up to a month living in schools, which act as the most accessible refuge for all families.
Photo: Kamala river flooding.
Photo: School used as a community centre during floods
While there is a resounding agreement among all interviewees that more money is needed for them to cope when floods occur, fear of debt accumulation is cited as the top reason for hesitating to take new loans after a flood.
There are still instances, however, where recurring floods lead to new loans, further increasing indebtedness, and aggravating poverty. This is the case of one interviewee who had to take a new loan of 90,000 NRS (approximately USD 770) to rebuild their house after it was submerged in 2019.
"After every incident we think about moving our house, anywhere that is safe, has land for farming and toilet constructions. But who will give us land to relocate in this money-minded Terai region?" (Dhanauji resident)
When asked about the impact of climate change on Province No.2, Shailendra Prasad Sah, Provincial Minister of Land Management, Agriculture and Cooperative, admitted that the whole province is affected. He is particularly worried about the rising riverbed level, increasing floods, inundations and erosions.
Badri Narayan Singh, the Dhanauji rural municipality chairperson, said four out of five wards of the Dhanauji rural municipality are flood prone, with floods continuing even when there is little rain. Mr Singh added that frequent droughts are not observed in the area, but for at least two women interviewees, this creates new implications as drought means more effort in collecting and looking for sources of water.
"In March-April (Chaitra Baisakh) the well and taps dry up. During these times, we have to walk for up to half an hour to fetch water. Due to drought, female drudgery is increased, our farm work is harder because the fields get less rain." (Dhanauji resident)
Photo: Badri Narayan Singh, Dhanauji rural municipality chairperson
Causal factors
Despite flooding becoming a ‘new normal’ in Nepal, climate change awareness at rural municipality levels seems stagnant. Only one interviewee pointed out how they pollute the Kamala River by dumping their household wastes. Through follow-up questions, it became evident that polluting the Kamala river is not an isolated practice. A majority of the interviewees shared how they would throw their household wastes in water sources and occasionally burn waste in the field, explicitly stating that they have no other options.
The amount of rubbish seems particularly high during religious festival seasons. Testimonies suggest that pesticides are also being used to destroy organisms that are harmful to cultivated plants and animals.
"We burn our waste on a daily basis. Landlords scolded us many times for burning in their lands, but there are no dumping sites for us, so this is our only option." (Dhanauji resident)
The Dhanauji rural municipality chairperson is one of the few people interviewed who was aware of the concept of climate change as he attended a few meetings and discussions on the topic. To him, the excessive use of natural resources and selfish approaches are the main causes of climate change in the area. The chairperson has not noticed any changes to the banks of the Kamala river.
Unlike the Dhanauji rural municipality chairperson, a large majority of the interviewees observed changes in the Kamala riverbanks and other linked water streams. Testimonies further suggest that local authorities have not provided interviewees with assistance or support to help them cope with the effects of floods and droughts, with some explaining that they were either not told or that they were informed too late about available relief efforts by local authorities.
Due to mistrust towards local authorities, none of the interviewees were interested in engaging with provincial officials about how climate change-induced disasters affect them.
"They don’t care about the issues of Harawa-Charawa or climate. It’s all about money and bribe for them." (Dhanauji resident)
When asked about what they have been doing in relation to climate change, the consulted officials from the respective local and provincial governments also failed to give concrete examples of their work.
Right: A Harawa-Charawa interviewee.
“There is no [flooding] warning system in place. We check the river and the rain. If rain is continuous and water level increases, we know that there will be floods. But there is no system in place by the government to inform us about the floods. We don’t take any specific actions to protect us from the floods. When it comes, we stay in the school or community building for 4-5 days, sometimes a week." (Dhanauji residents)
When asked about climate change, Mr Shailendra Prasad Sah stressed the need to conserve the Chure range to mitigate the impact of climate change in the Terai region.
"Without Chure conservation, Madhesh (i.e. Nepal Terai area) would soon be converted to a desert even in the next ten years. A huge budget is required for this, and this is not something that the state government can do alone." (Shailendra Prasad Sah, Provincial Minister of Land Management, Agriculture and Cooperative)
The Chure hills constitute 12.5 percent of Nepal’s area, spanning 36 districts, with 164 rivers exposed to the dry and monsoon seasons. Business-linked activities in the Chure seem to accelerate the dramatic impacts of anthropogenic climate change.
Despite the knowledge of mining activities in the Chure hills, none of the interviewees are aware of the businesses operating in the area, and point out that there are no big companies in Dhanauji.
Conclusion
An undignified life
National authorities have not exerted maximum efforts to protect the Harawa-Charawa’s ESCRs guaranteed by both national and international law. Testimonies and data clearly indicate how the Harawa-Charawa are denied the right to an adequate standard of living; including adequate food; clothing and housing as well as a continued improvement of living conditions, among others.
Women are clearly disproportionately burdened. Testimonies strongly indicate gender-specific burdens directly relate to economic, social, and cultural exclusions both at the domestic level and at work.
Systemic discrimination
Unequal treatment of the Harawa-Charawa by the government remains one of the main obstacles to the realisation of their basic rights including freedom from conditions of bonded labour. Deliberate avoidance of the emancipation of the Harawa-Charawa is rampant in all levels of the government. Instead, politicians allegedly take advantage of their poverty to win votes through bribery. Indifferent responses from authorities to demands and collective action by the Harawa-Charawa for their rights further demonstrate a systematic and deeply entrenched apathy towards their plight.
Climate change, an additional threat
Incessant rains, untillable soil, and subsequent crop failure confine bonded labourers into deeper poverty as they struggle to repay accumulated debt through agricultural means. As extreme climatic events are likely to be more frequent and more severe in Nepal, higher temperatures and wetter days are sure to worsen the Harawa-Charawas’ dismal living and working conditions in Dhanauji.
Women in particular will be put in more vulnerable situations as burdens caused by climate change multiply, both at the household and work levels. As collected testimonies and data indicate, drought pushes women and girls to look for new water sources, implying they must walk greater distances than they currently do.
Testimonies and data collected from the field clearly indicate the political, social and economic exclusion of the Harawa-Charawa in Dhanauji. This shows that the Harawa- Charawa are not only deprived of their dignity and ability to live free from hunger and social exclusion, but, indicates that they are further threatened by the extreme and unpredictable conditions induced by climate change.
Photo: A Harawa-Charawa mother and her children.
Recommendations
Above: Harawa-Charawa children.
- To promptly carry out, in coordination with the respective provincial and local governments, the identification of Harawa-Charawa households and their classification based on the socio-economic status in order to translate the ‘statutory liberation of Harawa-Charawa’ into a reality.
- To launch a ‘Harawa-Charawa Rehabilitation Program’ as a matter of priority as obligated under the Bonded Labour (Prohibition) Act 2002.
- To grant ownership of land on a priority basis to landless Harawa-Charawa households as mandated under the Eighth Amendments to the Lands Act 1964 and Land Rule 18th amendment.
- To proactively enforce the provisions under the Bonded Labour (Prohibition) Act that frees bonded labourers including Harawa-Charawa from repayment of loans and declares any bonds and written or unwritten agreements between landlords and bonded labourers void, in order to get the Harawa-Charawa families freed from debt-bondage.
- To issue an instruction to the respective Chief District Officers to take proactive action against those who have kept the Harawa-Charawa, therefore violating the Bonded Labour (Prohibition) Act.
- To efficiently disseminate and implement early warning systems; disaster relief measures; and post-disaster social security government schemes to Harawa-Charawa families residing in high-risk zones in accordance with the Local Government Operation Act of 2017 and the National Policy for Disaster Risk Reduction of 2018.
- To proactively raise awareness on the climate change adaptation and mitigation measures among local community members in accordance with the National Climate Change Policy of 2019.
- To implement the livelihood support programs for Harawa-Charawa families.
- To ensure that all agriculture labourers receive the district wage rate for their work.
- To prioritize rights-based awareness raising of Harawa-Charawa families and provide supports to creating enabling environment for organisations and groups formed by Harawa-Charawa.
- To initiate or support strategic litigation initiatives towards holding the respective authorities accountable for not fulfilling their obligations to eliminate Harawa-Charawa system in a real sense.
- To call on Nepal to eradicate practices of bonded labour.
- To call on Nepal to ensure emancipation and rehabilitation of bonded labour in accordance with international human rights standards and national legislation.
- To pay particular attention to the situation of people living in conditions of extreme poverty in their thematic and country-specific analyses and assessments of human rights.
- To hold Nepal accountable for discrimination based on caste, as well as its obligations under international human rights standards.
- To formally recognise human right to a safe, clean, healthy and sustainable environment in order to respect, protect and fulfil human rights.
Above: A Harawa-Charawa interviewee washing her hands.
Credits
Community Self Reliance Centre (CSRC) was established in March 1993 in Sindhupalchowk District is a social organization that has campaigned more than a quarter of a century for comprehensive agrarian reform and the land rights of working farmer and tillers. Through this time, CSRC has worked to organize and raise consciousness amongst those deprived of land rights, build public opinion in favor of progressive land reform and conduct action research related to land and agrarian issues. Today, it is regarded as a national resource organization concerned with land rights. CSRC has established a presence across Nepal’s mountains, hills, and plains, in more than two-thirds of the nation’s districts and has currently maintained working relations with communities and local governments in all of these places. CSRC is committed to the belief that social inclusion and participatory democracy must be strengthened at the roots of society.
The Asian Forum for Human Rights and Development (FORUM-ASIA) is a Bangkok based regional network of 81 member organisations across 21 Asian countries, with consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has sub-regional offices in Geneva, Jakarta, and Kathmandu.
Authors
Dominique Calañas, Lorenzo Urbinati, Ahmed Adam, Saumya Surbhi, Raju Chapagain
Editorial Team
Sundip Shrestha, Amy Oloo, Melissa Ananthraj
Field Team
Jagat Deuja, Raghunath Lamichhane, Sundip Shrestha, Rajkumar Basnet, Phaudasingh Syangwa, Upendra Saha
Photography
Upendra Lamichanne
Right: Fields surrounding Dhanauji
Acknowledgements
The Community Self Reliance Centre (CSRC) and the Asian Forum for Human Rights and Development (FORUM-ASIA) would like to extend their gratitude to all the interviewees that have welcomed the team into their homes and offices. Their honest and insightful answers have made this report possible.
Free, prior and informed consent was obtained from all interviewees before their participation. All participants signed consent forms voluntarily prior to being interviewed. All photos portraying people have been taken with their consent.
CSRC and FORUM-ASIA will continue to closely monitor whether the interviewees have been exposed to any acts of reprisals for their testimonies.
This publication was made possible by the generous support of Bread for the World - Protestant Agency for Diakonie and Development (EWDE).
The contents of this publication are the sole responsibility of FORUM-ASIA and can in no way be taken to reflect the views of Bread for the World– Protestant Development Service.
Above: Road between water ponds in Dhanusha, Dhanauji village.