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UN Office of the High Commission on Human Rights
Human Face of Human Rights

A Dalit Community in Nepal - A Real Story

(Photo : Madhav Aryal; Source: www.ekantipur.com)

Folk song artists Raju Pariyar (left in the picture) and Bhagwan Bhandari perform at a Lokdohari concert held at Tansen in Palpa district on Sunday 3rd Feb. The programme was organised by a local organisation of the Magar community to conserve the indigenous culture as well as to aid development of sports in the district.

Raju Pariyar is a national celebrity folk song artist in Nepal, who comes from Dalit community.

The Telegraph Nepal interviewed Maya Singh Nepali, who revealed some hard facts about her Community.

Ms. Maya Singh Nepali hails from the district of Dang and represents the country’s one of the most backward community- the Badi Community.

Ms. Nepali is currently an Intermediate of Science level student in the field of Biology in Kathmandu. A hectic study hour does not stop her from attending various programs in Kathmandu and outside, where she could tell the people about the plight of her community.

Maya recently spoke at a seminar sponsored by this paper last December and made the attending participants to remain spell bound. The way she represented her community and the plight that she made public there was simply touching. She could not control her tears at time when she was speaking from the dais during the inaugural session of the seminar. To recall, the Danish Ambassador was the chief guest of the Seminar.

Maya apart from being engaged in social activities, serves at Katuwal Radio Patrika, and Jagran media center. This modest girl also is a researcher.

She appeals the international donor community to seriously look into the continued plight of the Badi community. Maya wants a primary school being constructed in her area which would allow the Badi kids to see the world through their own eyes. The Telegraph would thus politely encourage the donor community to be kind enough towards the plight of the Badi community as expressed by Maya Singh Nepali.

The full text of Maya Singh Nepali’s interview posted in The Telegraph.com on-line (2008-01-08 20:28:47 ) follows:

________________________________________

TGQ1: As a member of the “Badi Community” Ms. Maya, please first introduce your society? And also let us know the plight of your community?

Ms. Nepali: Shortly, this society is the most backward in the entire country and also within the domain of the Dalit community itself. Thus the community is still living in the Dark Age.

If we have to talk about the history of this community, it is said that the community migrated from Vaishali of India about three centuries back. Since then, they started living in Nepal but still they do not have any particular stationary living place as such. This society has always remained as a mobile community. Currently, the people of Badi community make their homes in almost 23 districts of this country. And the profession this community is primarily involved in is the “flesh trade” which has been putting their heads down. And the reason behind adopting this profession is nothing but the rampant poverty that this community is living since time immemorial. The poverty factor is what is forcing this community to engage itself in the most heinous flesh trade. But this is the hard reality.

In brief one can also say that this society mainly comprise of those people who do not have any approach in the country’s politics and the economic activities.

About the present status, the people of this society are still living at the banks of the river. Neither they own lands nor do they have place to live in that they could call their private homes. To add insult to injury, the educational level is too low. If I am correct, there is no formal educational degree holder in this community.

Of late, there have been major changes taking place in their mind set though. The number of people taking into the profession of prostitution is decreasing at a faster pace. This is good news. Still there are many involved in this profession and I repeat again it is not their choice but a compulsion.

TGQ2: Maya Jee, how do you justify the recent Badi revolution- as you call it, and what changes you think this could incorporate at the national level?

Ms. Nepali: Obviously, revolution is meant for changes and it also directs the overall society for what future course it is to take.

Similarly, Badi revolution which we witnessed some two months back has certainly paved a new path for the entire nation; this is what I have felt. In other words, it also means that an individual’s rights must also be preserved and guaranteed by the State no matter what community he or she belongs to or from which economic strata they belong to. There are norms- that are internationally accepted and that an individual has his/her right to live peacefully, to say what he or she wants and also to contribute in the country’s overall development, this is how the Badi Revolution should be taken. If such norms are every individual’s rights then how come people from Badi Community remain aloof? To add, the saddest part of the Badi Revolution is that still in the 21st century people have to fight for their basic rights.

Further, without addressing to the plight of this community, it would mean that such internationally acclaimed norms and principles are being grossly violated. We are here talking about an individual’s rights that’s all and that the people of this community too being a human being must also experience such rights if they exist at all. Our demands are thus just and valid.

And I am optimistic that the Badi community’s fight for their rights must have opened the eyes of the ruling elites of late. Finally, I hope that no marginalized community in Nepal will have to fight for their rights repeatedly.

TGQ3: What majors the government of Nepal has adopted to address the plight of your community?

Ms. Nepali: As yet and also to my knowledge I am yet to witness if such policies have been devised by the government to address the plight of this community. I am sure there is nothing as such…though we have been told by the government that our problems will be addressed soon. I warn the government that if our demands are not met with on time, we will too join the streets. Of what nature and dimension our protests would be is very difficult to predict to say. All that I can say is that the protest would some how or the other shake the entire establishment.

TGQ4: As a youth representing the Badi community, what you prescribe for the problems faced by this community?

Ms. Nepali: I certainly have some ideas as to how to uplift the community. As a member of the community what the whole community is facing I am also facing the same thing. For me education is the fore most. Providing scholarships to our backward community is necessary. To eradicate the rampant poverty creating job opportunities on the basis of reservation is also necessary. Last but not the least, Health facility is necessary as well. For this the government should provide all types of facilities which are directly or indirectly related to health. For example, pure drinking water, sanitation, heath awareness programs, family planning, electricity etc. There is no health posts as such in my area in Dang.

And the common voice of this society is [for] the citizenship and our ownership to land. This should also be included in the priority list. Government’s attention in this regard is what is demanded now.

TGQ5: How do you relate poverty and the problems faced by this community?

Ms. Nepali: I am happy that you asked me this question. Not many people in this country would like to listen to or read as to what problems of our community is facing since centuries. I cannot say that efforts were not made to raise this society. Yet I have to say that corruption is the major cause for the sorry state of the community. There are NGOs and other agencies working towards uplifting the community. Yet there are some who have been misusing the funds they have received from the government or from the international donors. I can also say that green Dollars are pouring in but no positive change as yet have been felt by the Badi Community. This is unfortunate.

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Comments (1)

I am happy to know that a student of Badi Community has been able to give some new informations about her society through an interview; I appreciate it and would like to encourage her to go ahead.In a backward society like ours, the programs of governments, donors, and various NGOs have not been fruitful; they are not only designed in a faulty way without studying how feasible it can be, implemented without good preparation in technical and management side,but their impact is also never evaluated.Our planning commission, with it’s 50 years’ experience, has proved itself an ineffective organization since neither it is self-sufficient in resources, nor the resources that are available are being managed properly to make the plan and program fruitful and effective.Moreover,mis-management and corruption within the government machineries and political parties are the factors that paralyse the programs:In this way, before a program to uplift economic and social level of a community is launched, we have to improve those aspects; program of Badi community can not be an exception.

Commented by raj - January 8, 2008 @ 3:04 PM

nepal dalit Google News Alerts- 2008: A year round compilation of weblinks for on-line news and views relating to Dalits of Nepal.

March- January, 2008:

nepal dalit Google News Alerts Mar 2008

nepal dalit Google News Alerts Feb 2008

nepal dalit Google News Alerts Jan 2008

Kathmandu, November 9- The Supreme Court (SC) of Nepal has issued a directive order to the government to form appropriate law for making provision of reservation for dalits. This is an achievement of the struggle from legal front with a writ petition filed about 3 years ago by a group of lawyers including Advocate Ratna Bahadur Bagchand. The directive order was passed by the joint bench of Justice Balaram KC and Justice Kalyan Shrestha last wednesday.

The news print cutting from the Kantipur daily is given below.

Report by:
Sanju Katwal
LANCAU Nepal

Nepaldalitinfo report

Montreal, Canada, September 29- Durga Sob, President of Feminist Dalit Organization (FEDO), Nepal spoke at the McGill Centre for Research and Teaching on Women and the Centre for Developing Area Studies (CDAS) of the McGill University, Montreal, Canada on Friday, 28th September 2007. Ms. Sob talked about her work as President of FEDO and the rights of Dalit women in Nepal under the topic, “Fighting Against Caste and Gender Discrimination: FEDO (Feminist Dalit Organization)”. The background paper, “Dalit Women in Nepal“, on which Ms. Sob’s presentation was based can be downloaded below (in 8 pages):

Dalit Women in Nepal, Page 1

Dalit Women in Nepal, Page 2

Dalit Women in Nepal, Page 3

Dalit Women in Nepal, Page 4

Dalit Women in Nepal, Page 5

Dalit Women in Nepal, Page 6

Dalit Women in Nepal, Page 7

Dalit Women in Nepal, Page 8

During her week long visit to Canada, Ms. Sob had interactions with representatives of Ottawa based Canada Forum for Nepal as well as Nepaldalitinfo in Canada, in person or over the telephone, in addition to her scheduled engagements with various agencies in Canada.

FEDO has been advocating for the creation of an equitable society and works against discrimination, injustice and the practice of untouchability. It runs various programs which aim to empower women, especially Dalit women. Mrs. Durga Sob as the president of FEDO, has long been active in the struggle against discrimination and untouchability and for equal rights of women and Dalits in Nepal. She was previously Secretary of the National Dalit Commission of the then His Majesty’s Government of Nepal.

Reactions from McGill University academics:

October 4, 2007-

The presentation was very well received and there was an excellent turnout. The audience (and CDAS) are quite concerned about issues of social justice and inclusion, particularly the efforts by the excluded to define and defend their rights. We also very much appreciated Ms. Sob’s personal account of the movement she created and would welcome future presentations of this nature.

Dr. Philip Oxhorn
Associate Professor and Director
McGill University
3715 Peel Street
Montreal, Quebec H3A 1X1
Tele: (514) 398-8970
Fax: (514) 398-8432
Email: philip.oxhorn@mcgill.ca
http://www.mcgill.ca/politicalscience/faculty/oxhorn/

We would like to invite you to watch the following video and join the fight against caste discrimination in Nepal . The video is about the photo exhibition and demonstration (signature campaign) against caste discrimination.

http://www.youtube.com/watch?v=gjl2YT6lnvI
or
http://www.kastendiskriminierung.blogspot.com/

Now it is time for all Non Dalits and Dalits of Nepal to join their hands for the abolishment of all kinds of social discrimination. More especially, the youths who are even not allowed to marry from the other caste should support the movement against caste discrimination and involve themselves actively. Our main goal is to establish an ideal society in Nepal where there are not any kinds of social discrimination.

So, please raise your hands and voice against the discrimination and make other aware about it.

Thank you so much

On behalf of Members of the Group for International Campaign against Caste Discrimination in Nepal,

Sincerely,

Nab Raj Roshyara
TU Chemnitz German,
Coordinator, Group for International Campaign against Caste Discrimination in Nepal
http://castedisrimination.blogspot.com/
Mobile Phone: 0049-174-6241948
Email : 1. rnab@mathematik.tu-chemnitz.de 2. roshyara@yahoo.com

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Jana Aastha Satahik, Kathmandu Nepal click here and scroll down: >>http://www.weeklynepal.com/newsindex

Campaign against Nepal’s caste discrimination organized in Germany

Historical context of Dalits in Nepal

The State formalized the caste system throughout Nepal during the reign of King Surendra Bikram Shah when Jung Bahadur Rana, founder of the Rana rule, promulgated the Muluki Ain (Country Code) in 1854. This Code, the first proclamation of State authority on all matters concerning the social and religious rights of individuals,20 organized Nepalese caste and ethnic groups into four categories: i. Tagadhari (caste wearing the holy thread); ii. Matwali (nonenslaveable alcohol-drinkers); iii. Pani nachalne-chhoi chhitto halnu naparne (castes from whom water is not accepted, but whose touch does not require sprinkling of water for purification); and iv. Pani nachalne-chhoi chhitto halnu parne (from whom water is not accepted and whose touch requires purification by sprinkling water).

The Country Code thus reconstructed Nepalese social structure into a four-fold caste hierarchy and placed Dalits – the groups belonging to the fourth category, at the bottom. Before the implementation of the law, the indigenous nationalities had an egalitarian social structure and were outside the four-fold Varna and Hindu caste system.21 As the Code was the first law applicable throughout the country, the practice of untouchability became universalized. The Code also divided Dalits themselves hierarchically. This compelled Dalits to practice untouchability and discriminate against those who ranked below them within the broad group of untouchables.

Although the country later witnessed significant political turmoil, including the overthrow of the Rana regime in 1950 and the establishment of politically egalitarian governance in 1958, the Country Code of 1854 remained in force with only moderate informal adjustments until 1963, when the Naya Muluki Ain (New Country Code) was enforced under the Panchayat System. This New Code marks the beginning of a new era of the most radical changes in Nepal because it stated that legally all citizens are equal irrespective of caste, creed and sex. The Muluki Ain of 1963 also abolished discrimination between castes in respect of capital punishment. However, it did not declare the practice of untouchability punishable. The restoration of democracy in 1990 intensified the voices of subjugated groups. The new Constitution of 1990 reiterates the universality of human rights, equality among Nepalese citizens in respect of rights and responsibilities, and also declares discrimination on the basis of caste punishable. Despite the reform measures introduced during the last four decades, little has changed in Nepal’s social structures, norms and practices, including the attitudes and behaviours of non-Dalits towards Dalits – or among Dalits themselves.

Source: Bhattachan, K.B., K. Hemchuri, Y.B. Gurung, and C.M. Biswakarma. 2001. “Existing Practices of Caste-Based Untouchability in Nepal and Strategy for a Campaign for its Elimination”. Kathmandu:ActionAid/Nepal.

A report of the study, “Dalits and Labour in Nepal: Discrimination and Forced Labour” first published in 2005 is now available in pdf format.

This study was commissioned by International Labour Organization (ILO) Office in Nepal, acknowledging that caste-based discrimination is a socio-economic and cultural problem. Discrimination in employment and work is perceived by Dalits as the most important factor preventing them from improving their current situation. Discrimination needs to be eliminated both from the workplace and from society at large so that Dalits can live and work in conditions of freedom, equity, security and dignity. This goal can be achieved only through increased social awareness of both Dalits and non-Dalits, and through the enhancement of their ability to function and to engage, as well as to influence and hold accountable, the institutions that affect them. The ILO, as the leading international agency responsible for setting labour standards, believes that the State and employers can and should take measures to end caste-based discrimination within the workplace. ILO Convention No. 111 on Discrimination in Employment and Occupation can be instrumental in preventing caste-based discrimination at the workplace. Nepal has ratified both Convention No. 111 and the Equal Remuneration Convention (No. 100), which are among the ILO’s fundamental Conventions.

”One of the key factors that perpetuate poverty is social and economic exclusion through discrimination. In Nepal, the issue of social and economic exclusion occupies a vital position in many development agendas that aim at reducing widespread poverty in the country. Dalits, one of the most marginalized groups in Nepal, are still facing several forms of discrimination in all sectors, including the workplace. As a result, Dalits today stand at the bottom of most indicators of socio-economic development..” says Leyla Tegmo-Reddy, Director, ILO Office in Nepal in the foreword of the report.

Full text of the report: Dalits and Labour in Nepal: Discrimination and Forced Labour

Executive Summary

A. Study Objectives

1. This study deals with the extent of discrimination prevalent against Dalits in Nepal in the world of work, forced labour and child labour, as well as the gender relations within the Dalit communities, in relation to the existing constitutional and legal provisions as well as the relevant United Nations (UN) and International Labour Organization (ILO) conventions ratified by the government of Nepal.

B. Methodology and Coverage

2. The study employed a multi-method strategy. The household survey incorporated major Dalit groups and covered 1,454 households in 33 clusters of 11 districts: three from the mountain region, four from the hills and four from the terai, and is, therefore, spatially representative of Nepal.

C. Sample Population

3. The total Dalit population taken in this study was 8,433: 4,638 males and 3,795 females. About 41.7 per cent of the sample population was below 15 years of age.

D. Nepalese Society and the Caste System

4. Although the Nepali society is multiethnic, multi-religious, multicultural and multilingual, the Hindu religion and the all-pervasive caste system have a hegemonic hold on it. The caste system, which has its roots in the ancient religious texts, codes and traditions derived from them, was formalized by the 1854 Civil Code. Although it was legally abolished by an amendment of the old Civil Code in 1963, the caste system, including untouchability, is still practised in the Nepali society.

E. Demographics

5. The exact population of Dalits in Nepal is not known largely due to the absence of a generally acceptable definition of Dalits. The total population of the 10 Dalit groups enumerated in the 1991 census is 2,201,781, or 11.91 per cent of the total population.

F. Socio-cultural, Economic and Political Exclusion

6. Socio-cultural exclusion of Dalits can be seen in a variety of socio-cultural settings, particularly in those areas where they have to be in close physical contact with ‘upper caste’ people or touch water and food items: funeral or birth rites, wedding ceremonies, community feasts or cultural programmes, community meetings and training, non-formal educational classes and income-generating activities.

7. Income-earning white-collar jobs—clerical or professional—are largely unavailable for Dalits mainly because of their relatively low educational status, apart from their ‘untouchable’ status.

8. As a result of the low participation of Dalits in socio-cultural and economic processes, among all population groups, Dalits possess the least awareness of different interventions of socioeconomic uplift and fare the worst in virtually all conceivable indicators of socio-cultural and economic participation. Similarly, they have the lowest annual per capita income, expenditure, savings and investment. The magnitude of exclusion of Dalits is reflected by all indicators, including the Human Development Index (1996), which is the lowest for Dalits among all listed groups.

9. As opposed to Bahuns and Chhetris, who dominate all major political parties, Dalits have the least political participation at various levels. An overwhelming majority of Dalits (86.56%) are not members of any political organizations. In the 1997 election for VDC chairpersons, Bahuns/Chhetris (54.42%) and Janajatis (39.86%) constituted the majority, whereas Dalits constituted a mere 1.63 per cent of the 735 VDC chairpersons.

10. The low socio-cultural and economic participation of Dalits at the local level is also reflected at the national level. Dalits are excluded from leadership positions in civil society organizations and political parties, as well as in trade, industry, science and technology. They have hardly been able to make inroads into the apex of political institutions in terms of holding central-level leadership positions of political parties. They are excluded from all institutions of governance, and from academic and professional leadership in the education sector. There was not even a single Dalit among the chief district officers and secretaries in ministries until 1959 and so is the case in 1999. Similarly, the Dalit presence is nil in the Supreme Court. The representation of Dalits among police officers and in the armed forces is quite negligible.

G. Occupations

11. The Dalit respondents still practised their traditional occupations such as blacksmith work, tailoring, leatherwork, goldsmith work, copper/bronze work, earth-digging, sweeping and cleaning, ploughing, musical instrument playing, human waste disposal and carcass disposal. These occupations were performed on an ad hoc basis and did not contribute much to the household’s livelihood.

12. Many Dalits groups embraced activities in both agricultural and non-agricultural sectors when traditional occupations did not bring expected returns or when they could not compete with factory-produced goods. Non-traditional occupations were diverse, and included agricultural wage labour, regular job or service, farming, retail store, hotel/restaurant and construction businesses. Occupational mobility towards more gainful jobs was, however, limited.

H. Access to Resources

13. Caste hierarchy in the Nepali society broadly corresponds to the economic position of the particular caste group. ‘Lower caste’ people tend to be poor also because of their reduced access to both material and non-material resources. Being born into a ‘lower caste’ household implies much greater likelihood of reduced access to resources and thus falling into the poverty trap as compared to being born in an ‘upper caste’ family.

14. Dalits possess the least amount of land, which is, apart from being the most important means of production, an important determinant of social status in agricultural countries, like Nepal. Again, they exhibit the lowest household income among major caste and ethnic groups. As a result, their consumption and thereby health and productive power are quite low.

15. Around 44 per cent of all respondents had borrowed loans from various sources, including local moneylenders, commercial banks and relatives. Around 15 per cent of those who had borrowed loans had to render additional services to those from whom they had borrowed
loans, indicating a link between credit and labour exploitation, as well as the high transaction cost of borrowing for Dalits.

I. Discrimination in Labour

16. Although legal provisions prohibit discrimination on the ground of caste, institutional exclusion of, and discrimination against, Dalits is widespread. Discrimination in employment is one of the most important areas of discrimination perceived by the Dalits themselves. Only a negligible number of Dalits are employed in the government bureaucracy, including in the armed forces, the police, government corporations and establishments.

17. Discrimination in employment has both direct or intentional and indirect aspects. For example, the low employment rate of Dalits in the government sector can largely be attributed to their low level of education, which again is related to their Dalit status in society. This form of
discrimination can, therefore, be seen as indirect discrimination. At the same time, it also has elements of direct discrimination in the sense that the government sector is dominated by ‘upper caste’ people, who tend to favour candidates belonging to their own castes when the matter concerns hiring or promoting personnel.

J. Forced Labour

18. Apart from direct compulsion to do forced labour, Dalits are also engaged in indirect forced labour. Many poor and landless Dalits continue their traditional caste-based occupations no matter how humiliating they may be, such as Balighare, Haliya and Hali. In addition, they are asked to perform casual and irregular jobs with little or no wages. In many cases, they have to work for ‘upper caste’ households and/or also send their children to work to repay their loans.

19. They are often told to carry out odd jobs or run errands at the beck and call of ‘upper castes’. Quite often they are not paid for such work and even if paid the wages are minimal.

20. Dalits experience the threat of exclusion, such as denial of access to labour, exclusion from social gatherings, rites de passage, festivities and other community as well as religious activities, at the hands of ‘upper caste’ groups for resisting the prevalent forced labour.

K. Wages and Salaries

21. Although around 63 per cent of the respondents were engaged in those occupations that brought quite low returns, they had no alternative other than to continue with them. About 19 per cent of them believed that ‘upper caste’ people received higher returns from the same job; around 23 per cent felt that their current jobs were linked to their caste status; and around 71 per cent believed that even if they got some jobs in the informal or private sector, they would be paid lower wages and salaries than their ‘upper caste’ colleagues. These perceptions were validated by the finding that Dalits received on average Rs96 for a day’s work: around Rs78 for a female and Rs99 for a male worker. The mean market wage for the same kind of job was around Rs105: around Rs88 for a female and Rs111 for a male worker.

L. Work Allocation

22. Hindu scriptures reserve certain coveted occupations for ‘upper caste’ people, while ‘lower caste’ people are relegated to perform occupations that are considered dirty and impure, and require brute physical force to be done. The latter have to engage in these occupations even if they do not like. So, if ‘upper caste’ people are involved in socially prestigious work, Dalits find themselves in socially the most detested physical work. Thus, today, ‘upper caste’ people are dominant in all sectors of employment, whereas most Dalits earn meagre living from traditional occupations and wage labour.

M. Conditions at the Workplace

23. Discrimination against Dalits is common at workplaces throughout the country’s rural areas. Dalits have to maintain physical distance from their ‘upper caste’ colleagues. They can neither eat with them nor drink water from the same pitcher. However, today this is not usually the case in an urban setting or at workplaces involving large numbers of workers from different places who are not known to each other, unlike in a typical village setting.

24. Lack of contractual arrangements often empowers employers to demand doing of jobs at odd hours. The caste system, which has rendered Dalits politically and socially weak, denies them the opportunity to negotiate appropriate prices for their skills and products with their ‘upper caste’ clients. Dalits themselves have not been able to forge a collective force to bargain and negotiate. Fulfilment of immediate needs rather than receiving delayed benefits through proper contractual arrangements is more important for Dalits.

25. Direct and intentional forms of discrimination in labour, based on Dalits’ perceived untouchable status, are still rampant in the informal sector in rural areas. In contrast to the direct forms of discrimination, indirect forms of discrimination, largely due to the historical legacy of the caste system, as manifested in the Dalits’ low socio-economic and political status, as well as subsequent low employment in the organized sectors, are seen to be important.

N. Child Labour

26. Although the Children’s Act 1991 prohibits the employment of any child in any enterprise, around 18 per cent of the Dalit children were involved in their traditional occupations such as sweeping and human waste disposal; leatherwork and midwifery; earthwork and soil-digging;
and laundry washing. Child labour was more prevalent in the terai than in the hill region. Around 8 per cent of all Dalit children are victims of slavery or slavery-like practices. Children also worked to pay back their parents’ debts or helped their parents in cultivating the land of ‘upper caste’ households in return for food or shelter, or both. Dalit children were involved in hazardous and arduous jobs such as picking and collecting rags, metal scraps and glasses; disposing of carcasses; cremating dead bodies; disposing of human waste; portering; working in coalmines, etc.

O. Escaping Strategies and Coping Mechanisms

27. Dalits employ various strategies and mechanisms to escape caste discrimination. Migration, changing of surname and religious conversion can be seen as escaping strategies, whereas efforts to get better education and skills, sanskritization and political extremism can be seen as
coping mechanisms.

28. Migration is one of the strategies for escaping from a situation where caste discrimination is still a pervasive phenomenon. A majority of migrants choose ‘abroad’ (59.7%) as their destination, with ‘India’ as the most important destination within this category, followed by ‘nation’s capital-city’ (23.6%) and ‘urban areas’ (13.1%). One of the contemporary escaping strategies is adopting non-traditional surnames, which does work when they migrate to urban centres. Similarly, change of religion is another escaping strategy.

29. Higher education is an effective coping mechanism, though not many Dalits in Nepal can afford higher education. Similarly, skill development helps the Dalit labour force to escape from discrimination in the labour market.

30. Education, religion and adoption of ‘upper caste’ surnames can be seen as some of the aspects of sanskritization.

P. Policies and Programmes for Reducing Labour Discrimination

31. The right to enjoy human rights without discrimination is one of the fundamental principles underlying the Nepalese legal system. The Constitution of the Kingdom of Nepal 1990 explicitly guarantees equality in the legal system, and calls for moral and legal sanctions to protect the human rights.

32. Among legislative provisions, the Civil Liberty Act 1954 prohibits any restrictions on any citizen on the grounds of religion, race, sex, caste or any of these in any appointment to the civil service. The Act also provides grounds for affirmative actions in favour of socially and economically backward communities. The Citizens’ Rights Act 1970 guarantees that no person shall be employed or forced to perform jobs against his or her wishes. The Legal Aid Act 1998 seeks to apply the principle of equal justice for the socially and economically underprivileged and other disadvantaged groups such as Dalits, women and ethnic groups by providing necessary legal aid for these people. The Local Self-Governance Act (LSGA) 1999 seeks to institutionalize the process of development through wider participation, including that of the Dalit communities. It requires local bodies to undertake activities for the benefit of women, backward communities and differently able persons.

33. The Eighth Plan (1992-1997), for the first time in the history of the country’s periodic plans, spelt out some policies and programmes for Dalits, but they were neither designed with the concept of decentralization in mind nor formulated and implemented with the participation of the beneficiaries. The Ninth Plan (1997-2002) contained a separate chapter outlining the objectives, policies, strategies and programmes for Dalits and other disadvantaged groups. The plan provided for separate treatment for Dalits, which indicates evolution of concern for Dalits in the Government. The Tenth Plan (2002-2007) deals specifically with the issues pertaining to the uplift of the living standard of Nepal’s Dalits, and lays down a long-term vision for the promotion of empowerment and self-esteem of Dalits by mainstreaming them. It explicitly spells out a programme for incorporating Dalit problems, untouchability and the existing caste ethos in textbooks to create awareness of these issues.

34. The implementation and enforcement part of these domestic and international legal provisions, as well as government policies and plans, is, however, very weak. As a result, these have not been able to substantively reduce labour discrimination in Nepal.

Q. Dalit Civil Society Movement

35. The DNF and the ILO conducted a collaborative study, entitled ‘The Dalit Mapping Study: A Joint Research Venture’, in 2002 to ascertain how and where Dalit NGOs (DNGOs) are working and what steps need to be taken to assist them in the fight against caste discrimination.

36. There were around 600 DNGOs operating in Nepal. Most of the DNGOs were concentrated in accessible areas, especially in Kathmandu valley. They were involved in the development of Dalit children and women and in the affairs of the differently able, Kamaiyas, Badis and the landless. Their activities encompassed advocacy, education and skill-enhancing vocational training. However, their approach was ad hoc rather than need-oriented. The vast majority of DNGOs had inadequate resources in terms of qualified personnel and money.

37. The study recommended that the capacity and skills of DNGOs be built to enable them to effectively serve the needs of their target communities. Similarly, how exactly these organizations are operating and which are the specific groups that are the beneficiaries of their activities should be assessed. DNGOs should consider the development issues of the whole Dalit community. Furthermore, development programmes should consider the wider social context in which these problems exist, and explore ways for breaking down the social barriers that have caused Dalits to be oppressed for so long.

R. Recommendations

38. A consensual approach to the definition and identification of Dalits is needed to facilitate the formulation and implementation of policies and programmes, as well as future research works on Dalits in Nepal.

39. The government should review the implementation status of relevant UN and ILO conventions as well as the domestic laws pertaining to discrimination in labour, forced labour, child labour and the worst forms of child labour. Also needed is the creation of a monitoring unit to see that enforcement is taking its due course.

Submitted to nepaldalitinfo by:
Suman Paudel

नयाँ नेपालमा जातीय भेदभाव ?

दलितहरुले आन्दोलन गरेपछि डोटीको शैलेश्वरी मन्दिरमा उनीहरुलाई प्रवेश खुला गरिरएको छ

नेपालमा राज्य पुनर्संरचनाको बहस चलिरहंदा समावेशीकरण र समानुपातिक प्रतिनिधित्वको प्रश्नलाई विशेष महत्वका साथ उठाइंदै छ। यि प्रश्नहरु विशेष गरी देशमा बर्षौंदेखि राज्यको मूलधारमा स्थान पाउन नसकेको भनिएका मधेशी, आदीवासी जनजाती, महिला र दलितका सन्दर्भमा उठ्ने गरेका छन्।

दलित बाहेक अन्य सबै समुदायले आ-आफ्नो अधिकारका विषयलाई लिएर पछिल्लो समयमा आवाजहरु उठाइरहेका छन्।

दलितहरुको आवाज भने त्यति सशक्तरुपमा उठेको देखिएको छैन।

दलितहरुको मुख्य मुद्दा जातीय भेदभाव र छुवाछुतको समस्या हो।

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