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Freed Kamaiya
Status
(update
May 2001)
by Tim
Whyte, MS-Nepal and Shiva Bhusal, Danida-HUGOU
This report documents the situation of the Kamaiya (bonded
laborers) based on a recent field visit in Bardiya and Banke and
information collected from other districts. Our visit coincided
with days of heavy spring storms, revealing the desperation of the
freed kamaiyas' current situation and the importance of finding
solution to their problems before the coming of the summer monsoon
(likely to start in the beginning of July.)
Living Conditions in Camps and Settlements
1.
In Kanchanpur and Kailali District the freed Kamaiyas from camps
moved into settlements on encroached land in February 2001. In
Bardiya, where thousands of Kamaiyas were living in camps with
other landless people, similar developments are taking place now.
At present the total number of families having encroached land is
approximately 3500 in Bardiya and 1869 families in Kailali (29
camps). 99 families in Kailali have got land certificates for 5
kattha from Government for the land which they have encroached. In
Kanchanpur, 1870 families have encroached land and settled in 18
camps. Many other Kamaiyas are staying back in their villages with
their relatives or have managed to encroach land in riverbanks or
wasteland areas that is enough to build just a hut.
2.
The small huts in the settlements are generally straw and bamboo
structures. Some have very thin plastic sheeting for roofs. In
some of the older camps in Kanchanpur and Kailali, the Kamaiyas
have made more permanent structures with tin roofs. By and large
however, the past few days storm made it apparent that the
settlements will not withstand the monsoon rains in their current
state.
3.
In the wet and unsanitary conditions, the incidence of disease is
increasing.
4.
The children in the settlements seem to be the greatest victims of
the hot climate and upcoming monsoon. The summer season is
expected to make many children ill. At the same time they are
still deprived of school education in the camps and settlements.
It is learned that many girl children adolescents have taken to
the nearby town areas in a very minimal wages for domestic, hotels
and tea-shop labor. In the camps themselves, children and infants
die from diseases on a weekly basis.
5.
Particularly monsoon diseases (Japanese Encephalitis, Malaria,
etc.) and diseases resulting from lack of access to clean drinking
water (dysentery, etc.) are affecting the camps and settltements.
Many of the newer settlements do not have drinking water pumps,
nor any nearby source of good drinking water.
Government Resettlement and Rehabilitation Efforts
6.
It is 10 months now since the government declaration
of freedom for the bonded laborers last July. The government's
efforts at rehabilitation and resettlement following the
declaration have lacked seriousness and commitment. So far only a
small proportion of the kamaiya families have been legally
resettled. In this regard, the government has repeatedly
overstepped its own deadlines:
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First it promised to resettle the kamaiyas before the Dashain
Festival in October 2000.
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Then before Maghi, the Tharu New Year in January 2001.
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Subsequently, it promised to resettle them in month of Baisakh
(April-May)
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The latest extension has been made to Jestha 15 (the end of
May).
7.
HMG/District land reform officers informally admit that even this
latest date is unrealistic at the current pace. It seems
increasingly likely that many freed kamaiya families will face the
monsoon rice season without their own land or even a roof over
their head.
8. Another major concern in the resettlement program is the size
of plots given by the government. NGOs have repeatedly called on
the government to provide enough land for each kamaiya family to
secure a minimum livelihood. Ten katthas (0.3 hectare) is enough
to feed a family of five for about ten months out of the year. The
government has formally responded to this by promising to provide
up to five katthas (0.15 hectares) per family.
9. In practice, the kamaiya families are being resettled on plots
much smaller than five kattha. In most cases, the government is
issuing kamaiyas with 1 Kattha (0.03 hectare) plots. A preliminary
look at the District Land Reform Office own data confirmed this as
the general trend in Bardiya at least (see para 9,10,11). The
governments own figures confirm this development elsewhere. Local
District Officials explained that they were only providing land to
build a house. This contradicts previous government statements.
However, it may in fact reflect the original vision of the
government on how "solve" the kamaiyas problem.
10. There is evidence of discriminatory differences between the
government resettlement programs for the predominantly Tharu
Kamaiyas and other landless people. The Landless People Problem
Department of the Land Reform Ministry regularly provides between
20 and 30 kattha (0.6 - 1 hectare) plots of land to squatters of
hill origin in each of these Districts. It is unclear why it is
felt that landless kamaiyas, in contrast, should only be given
enough to build a house.
11. There is enough available open forest land in each district to
provide ten kattha plots without significantly changing the forest
cover ratios to the present number of surveyed Kamaiyas. Other
government land - such as the largely unused 7000 hectare Cotton
Development Board holding in Bardiya - could also accommodate the
freed kamaiyas in a sustainable way, according to Bardiya district
Land Reform Officer.
12. In Bardiya District, the Land Reform office informed us that
so far about 700 families have been resettled on a little under
1200 katthas. A ratio of about 1.5 kattha per family. In Dang, the
governments own figures confirm even smaller land grants of 1/2 a
kattha. This size of plots seem likely to force the landless
kamaiyas back into complete dependence on the landlords, as they
are few other available income opportunities locally.
13. In Banke District, where surveys have revealed relatively
smaller number of kamaiyas, the District resettlement program is
more promising. About 125 families have been resettled on 4 Kattha
plots close to the bazaar town of Kohalpur. There are potentials
for vegetable production for the market and daily wage labor in
the nearby bazaar. The DDC has also insured the GTZ funded food
for work program first work site has been the settlements
infrastructure itself, supporting the settlements and providing
livelihood support in the difficult period of transition. This is
in marked contrast to most other districts where the DDCs have
often planned work-sites far from Kamaiya settlement areas.
Kamaiya settlement
14.
In protest of the slow and seemingly indifferent government
response to their situation, freed Kamaiyas in Kanchanpur, Kailali,
Bardiya and Dang have encroached upon open forest land and other
unregistered land in the districts. They have generally taken 5-10
katthas of land for each family.
15. The Kamaiyas describe the encroachment as a protest action
saying that they will leave the land if the government provides
them with suitable resettlement areas elsewhere. It is unclear if
they will accept the government's plans to settle them on smaller
house-size plots however.
16. The longer they remain on these areas, the more hopeful they
become that they will be allowed to settle permanently. There is
some evidence that this may happen in some cases at least. In
Kanchanpur and Kailali, where the oldest settlements are, the
government subsequently identified those areas as Kamaiyas
settlement areas. Many District government officials informally
support these settlements as a solution to the problem. In this
context, it should be noted that encroachment is still considered
a standard way of settling landless people in the Western Tarai.
In Kailali, for example, the Landless People's Department official
policy is to provide land to landless people by recognizing the
land they have encroached.
The government response
17.
On May 15th, Forest office officials burned down the Kamaiyas huts
in an encroached settlement area in Kailali. These families were
once again left destitute. They have settled in the district
government compound in Dhangadi. At least one infant died as an
immediate result of the fire. A similar incident took place in a
Kamaiyas camp in Bardiya about a month ago.
18. The older settlements in Kailali and Kanchanpur have otherwise
remained untouched for about three months now. It is unclear if
the fire is part of a new response by the government or an
uncoordinated incident. The settlements in Bardiya and Dang are
too recent to tell what the government response will be.
19. Local government officials report that the central government
seems confused and internally divided with regards to how to deal
with the kamaiyas. The Forest Ministry has burned down the camps
and settlements and imprisoned Kamaiyas settling on open forest
land according to their mandate to protect the forests.
District-level politicians and other ministry on the other hand
have recommended the use of forest land for resettlement. For
example in Bardiya the Baniabhara VDC has decided to give 3
different plots of land to around 1200 kamaiya families. In other
cases the district authorities have informally recommended the
settlements. As the Forest Offices have wide-ranging powers in
Nepal, only the cabinet or the prime minister can provide
instructions on how to deal with the kamaiya situation. However,
so far they have been unwilling to do so.
Areas in urgent need of support
With the monsoon coming, the Kamaiyas in the camps and settlements
are in a very vulnerable position. There is a need for a
coordinated effort on the part of NGOs, INGOs and Government
Agencies to deal with immediate needs in the areas of:
20. Drinking-water pumps
21. Food supplies until the crops of the monsoon harvest come in (towards October.)
22. Health program, both manpower and medical supplies Vaccines for Japanese Encephalitis.
23. Plows and seeds for the families who have land.
24. Roofing support to keep out the rains
25. Education activities for children, such as Out-of-School
programs, to stop them from falling (back) into child
labor.
26. Support for kamaiyas networking, including support for protest
ongoing protest programs for land (hiring of buses,
REFLECT classes, etc.)
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