Bonded labour, also known as debt bondage, is one of the most
widely used methods of enslaving people.
Millions of people throughout the world are in bonded labour:
entire families are bonded as labour in South Asia; in Brazil
young men are forced to work on distant estates; and women from
eastern Europe are forced into sexual slavery.
Most people become bonded when their labour is demanded as a
means of repayment for a loan. Usually they are forced by necessity
or are tricked into taking a loan in order to pay for such basic
necessities as food, medicine, and for social obligations -- the
cost of a wedding or a funeral. A loan for as little as £30
can take a lifetime to repay. Bonded labourers are typically forced
to work long hours, up to seven days a week, 365 days a year for
little or no wages, regardless of their age or health.
Entire families can be affected by this brutal system, with the
debt being handed down for generations. Once the loan is taken,
bonded labourers are deprived of their rights to negotiate terms
and conditions of work. High interest rates with little or no
wages, increase the debt keeping them enslaved.
Most have no proof of their agreement, and if a contract exists,
few can read it. Working under harsh conditions, they are often
the victims of physical and
mental abuse.
Poverty and the existence of people prepared to exploit others'
desperation are at the heart of bonded labour. Without land, a
minimum wage, or access to education, the money needed for daily
survival forces people to sell their labour in return for a loan.
Using bonded labour is illegal in most countries where it is found,
but governments rarely enforce the law or punish those who profit
from it.
Bonded labour in Nepal
Bonded labour in Nepal primarily affects two groups: the Tharu
in the Far Western Region, and dalit (untouchable) agricultural
labourers throughout the country.
During the 1960s many Tharu were displaced from their
land because it had not been legally registered. With little access
to education and with low wages, many were forced to take loans
to survive and became bonded labourers, in many cases working
on land that had once been theirs. Studies estimated between 70,000
and 100,000 Tharu were being exploited as bonded labourers
in Western Nepal under an agricultural labour system known as
Kamaiya.
In the 1990s, after democracy was established, a group of Nepalese
human rights and labour rights groups came together to demand
an end to bonded labour. BASE organised local groups and bonded
labourers helping to draw the Government's attention to the problem.
In May 2000, a decade of pressure from local and international
organisations culminated in a series of demonstrations in Nepal's
far western Kailali district. Many of the protesting kamaiya
bonded labourers and their supporters marched to the capital,
Kathmandu, in July. The demonstrations and years of pressure from
Anti-Slavery International, BASE and other organisations led the
Government on
17 July 2000 to declare that bonded labour was illegal. Despite
this positive move, it made no legal or social provision for its
implementation.
As a result, landlords expelled tens of thousands of freed bonded
labourers from their land and homes. Displaced, they were forced
to live by roadsides, in forests and in makeshift emergency camps
leaving them vulnerable to hunger and disease. In desperation,
hundreds of freed bonded labourers seized government-owned land
and built huts as government promises of land redistribution in
2000 failed to materialise. Over the following year, there were
numerous instances of huts being burned down by local government
officials forcing the former bonded labourers to live in the open.
On 21 February 2002, the Government of Nepal finally passed a
law prohibiting bonded labour among kamaiya and declared
all loans taken as null and void.
The law requires landlords to return any property taken as collateral
and states
the Government is responsible for managing housing, employment
and income-generating activities.
For many, the change is significant. Kashiram Chauadary, a former
bonded labourer, joined the movement to end bonded labour in 2000.
 |
I would change the master I was working for
about every two years. This wasn't my choice, I was just moved
from one master to another. Some were very bad; I was beaten
and there was nothing I could do about it. We were like prisoners
before, we worked all day in the field, the landlord was always
telling us what to do. Now I know I am poor, but so are lots
of people, at least we are not hungry. Now I am a
free man. |
The situation has improved for many kamaiya. BASE estimates
40 per cent of
have been released and allocated land, most are in easily accessible
areas. But thousands remain unregistered, without land and support
and face malnutrition
while the rehabilitation process is hindered by the conflict between
government
and Maoist forces.
Relevant laws against bonded labour