A/HRC/33/46
armed guards or their family members are held as hostages, severely limiting the freedom
of movement both of the bonded labourers and of their families. 23 The estimates reported
by the Human Rights Commission of Pakistan pertaining to the period from 2011 to 2014
on the number of releases of bonded labourers ordered by courts in Sindh indicate that the
largest number of releases occurred in the districts of Mirpur Khas, Sanghar and Umerkot.
Furthermore, natural disasters such as the monsoon floods in 2010 have had a negative
impact on the levels of debt bondage in agriculture and have increased migration-based
bonded labour in numerous sectors such as construction and brickmaking. 24 Debt bondage
in Pakistan is mainly found among minorities, such as non-Muslims (Hindus or Christians)
or Muslims who have converted from Hinduism. 25
21.
In Nepal, bonded labour can be found in sectors such as agriculture, cattle rearing,
domestic labour, the brick kiln industry, embroidered textiles and the stone-breaking
industry. 26 A United Nations assessment carried out in 2011 suggested that 547,000
individuals in Nepal were in forced and bonded labour. 27 A large proportion of bonded
labourers were reported to be involved in traditional forms of agricultural bonded labour,
such as haruwa-charuwa,28 haliya29 or kamaiya.30 The majority of kamaiya labourers were
released following the declaration in 2000 that abolished the system and the enactment of
the Bonded Labour (Prohibition) Act, 2058 (2002). 31 However, traces of the kamaiya
system still remain, particularly where government action aimed at identification, release
and rehabilitation has not reached those affected. In 2008 the Government abolished the
haliya system and cancelled the debts of haliya bonded labourers, but in the absence of a
comprehensive rehabilitation programme some reportedly remain trapped in debt bondage.
A study conducted by ILO between 2008 and 2010 addressing forced labour of adults and
children in agriculture, with a particular focus on the haruwa-charuwa system in central
23
24
25
26
27
28
29
30
31
GE.16-11363
Human Rights Commission of Pakistan, State of Human Rights in 2013, p. 82. Available from
http://hrcp-web.org/publication/book-genre/annual-reports/.
Siddharth Kara, Bonded Labor: Tackling the System of Slavery in South Asia (New York, Columbia
University Press, 2012), p. 71.
Submission from Gulshan-e-John; submission from Green Rural Development Organization; and Aly
Ercelawn and Muhammad Nauman, Pakistan Institute of Labour Education and Research, “Bonded
labour in Pakistan: an overview”, working paper (ILO, 2001), pp. 3-7.
Walk Free Foundation, Global Slavery Index 2013, p. 50.
United Nations country team in Nepal (2011), A Country Analysis with a Human Face, updated
February 2013, p. 32. Available from http://un.org.np/reports/country-analysis-2011.
Ibid. The haruwa/charuwa labourer (tiller and cattle herder) is employed on a daily, weekly or
monthly basis with various types of employment contract, oral or written. These contract agreements
often provide for work in exchange for land or for a portion of the harvest, or for work against an
annual payment or to pay the interest on a loan. Furthermore, the labourer’s wife and children may
also be obliged to work for the landowner, under pressures or threats such as being obliged to pay off
their loans promptly, being excluded from sharecropping, being refused a loan in times of crisis, and
violence.
Also: ILO, Forced Labour of Adults and Children in the Agriculture Sector of Nepal (ILO Country
Office for Nepal, 2013), series No. 11, p. xiii. Available from
https://www.dol.gov/ilab/reports/pdf/Nepal_FL%20of%20Adults%20&%20Children%20in%20the%
20Agriculture%20S.pdf.
United Nations country team in Nepal (2011). Haliya (agricultural labourers) are landless workers
indebted to their landlords by custom and by debts that have not yet been repaid, sometimes over
generations. Consequently, they receive no pay in return for the agricultural and domestic labour that
they carry out. Some are allowed to migrate to India during the off-season to earn money to pay their
debts. The system is prevalent in the Far Western Hill districts.
The kamaiya system involved an agricultural labourer becoming bonded by receiving a loan from the
landlord at the beginning of the work relationship.
Submission from Anti-Slavery International.
9
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