Ethnic slavery blossoms among Nepalese women

Some organizations racially profile women at risk of trafficking and label them as 'slaves', 'victims/victims' and 'trafficked'. which they have chosen from the history of caste slavery in Nepal.

However, these institutions have often failed to address the legacy of past racial slavery. which makes women victims of sexual and domestic work exploitation. They are racially profiling potential victims, impeding their right to movement and employment. As a result, these economically weaker women are forced to bear the burden of the legacy of caste slavery.

Civil Act v. No. 1910 institutionalized caste slavery. It also legalized caste untouchability along with the provision of making 'slaves' based on caste. One group was so defiled that they had to be 'cleansed' if touched. Seven decades after the enactment of the Act, Rana Prime Minister Chandra Shamsher took a bold step to abolish caste slavery for the first time in 1981. But this oppressive system remained in the society.

Even though Nepal's constitution of 2047 prohibits slavery or any form of forced labor, the exploitative system continued for a long time. Kamaiya in 2057, Halia in 2065, Kamalari in 2070 and Hruwa-Charuwa system in 2079 were officially announced. Such changes helped break down exploitative systems like caste slavery.

However, despite the demands of the victims of caste slavery for their restoration with respect, they have not been addressed. As a result, the women are still landless. Deprived of citizenship. Apart from being unemployed, they are economically and socially weak. They are subjected to cultural and legal discrimination as well as gender violence and constant political exclusion. The continued exclusion indicates that the government is failing to rehabilitate women in a meaningful, sustainable and dignified manner. The official declaration that caste slavery was 'liberated' only proved hollow. The aid packages announced by the government have not reached those women.

These disproportionate effects of caste slavery have not only affected the women who suffered slavery in the past, but also the women of the supposedly untouchable and economically weaker sections. Because caste slavery is an oppressive system, these women want to escape from the exploitative system of the past. Foreign employment has become the only option for them. But migration options are also limited due to limited economic, educational and skill learning opportunities. Therefore, some women go to India from Nepal for seasonal work, while some are working in the entertainment sector within Nepal.

Some have been forced to go to other countries, including India, for sex work. Among these jobs, going to the Gulf for domestic work has been the most profitable for them. Such jobs are called dirty, dangerous and demining (three D) jobs in Nepal. The supposedly upper caste women who benefited from caste slavery did not want to do such things. Most of the women who are going through caste slavery are doing these jobs.

The government, under its 'protectionist' policy, has already barred women from going to other countries, including India, for these jobs. For example, sex acts are legally prohibited both inside and outside Nepal. Since 2017, women have been banned from going to Khadi for domestic work with preconditions. The government has made the ban conditional on signing a bilateral labor agreement on domestic work with the destination country. Although such an agreement has been signed only with Jordan so far, the manpowers are regularly cheating most of the Nepalese women who go to Jordan for domestic work. They said that Nepali domestic workers are being exploited in Jordan as well.

The immigration ban has had unintended consequences. First, women's 'agency' or freedom of self-determination is ignored by blocking migration. Second, the so-called lower caste women are stigmatized as a vulnerable community for exploitation and trafficking. Thirdly, these activities are also promoting the surveillance of the so-called upper castes. Fourthly, women are being turned away from the Nepal-India border or at the airport, further exposing them to the risk of harassment, exploitation and gender-based violence.

Anti-trafficking industries are also helping to implement the Gulf countries' ban on domestic work. Nepal's anti-trafficking industry includes local, government and international NGOs. Likewise, faith-based organizations, international foundations, "immigration-phobic" countries, multilateral organizations, and "modern slavery" programs are conducting programs related to human trafficking.

Limitations of anti-trafficking programs

In Nepal, non-governmental organizations have been directly and indirectly implementing prevention, protection and prosecution policies against trafficking. These organizations are implementing awareness raising, transit monitoring and rehabilitation programs. Although such programs may offer some benefits to women, rather than freeing them from the legacy of caste slavery, they seem to force them to bear new potential risks. Eg: Awareness raising programs to discourage women's mobility. Many studies show that anti-trafficking NGOs encourage women to stay in their communities under the guise of 'awareness raising'.

Transit monitoring is perhaps the most controversial anti-trafficking program. Studies have shown that this violates human rights. They are obstructing free movement within their country and across the Nepal-India border, stopping, interrogating and sometimes harassing them unnecessarily. These activities are done in the name of 'selling prevention' and such data are often used to raise additional funds.

Women who are stopped by barriers like this are either detained or sent back to the community they want to leave. They are framed as anti-traffickers by incorporating them into the anti-trafficking industry's regulatory system.

Apart from these, rehabilitation programs of anti-trafficking organizations have helped women tremendously. Such packages usually provide emergency accommodation facilities, treatment, psychosocial counseling, legal aid, vocational training and social reintegration. But those women who are said to have been rescued are still stigmatized in the eyes of the society even after rehabilitation. Studies have shown that rehabilitation programs are not entirely successful.

Its failure and restrictions on domestic work have further increased the risk potential. These efforts are preventing the so-called lower caste women from escaping the legacy of caste slavery. What is clear from this is that they have not yet created a comfortable environment for them to work that is available in their own country. Awareness programs and transit monitoring are necessary to understand that it is their binding decision to try to escape in different ways despite their movement restrictions.

Rehabilitation programs run by non-governmental organizations working against trafficking are not enough for women. This resettlement program is not working effectively around the world. It never reduces the risk of exploitation. Anti-trafficking industries claim they were formed to protect vulnerable and vulnerable workers. However, their efforts in Nepal have not attempted to discuss the legacy of caste slavery.

This legacy is the root cause of exploitation and vulnerability. On the one hand, this way of working of organizations plays a role in diverting attention from social and structural reforms, while on the other hand, it increases the risk of further discrimination and exploitation by racial profiling in anti-trafficking efforts. It cannot be denied that they are unknowingly promoting caste discrimination and stigma. Therefore, they cannot fulfill the dignity of the women of the community who have been victimized by the legacy of caste slavery and untouchability.

replenishment demands

It is time for Nepal's anti-trafficking organizations to raise awareness, recognize the limitations of transit monitoring and rehabilitation programs. It is time for lower caste/caste women to demand reparations from the state and those who have historically benefited from caste slavery.

In this amendment, along with forgiveness and gratitude for the historical loss of caste slavery, it is necessary to raise the question of mandatory employment opportunities, financial compensation, education in quality educational institutions, land with shares, and citizenship. Cultural preservation, reservation in administration and political spheres, free physical and mental health services with quality, legal aid, child care and social support should also be included in the amendment. Those who have been subjected to slavery and untouchability since history should be given dignified compensation to minimize the risk of further exploitation.

The real liberation and equality of millions of Nepali women will only happen when the deep and deepened caste discrimination and injustice is addressed through reconciliation. This is not possible with the current neo-liberal efforts of anti-trafficking organizations. Therefore, those organizations should also understand that the continuation of the legacy of caste slavery is the root of exploitation.

Organizations working against human trafficking in Nepal and other human rights/feminist organizations also need to pressurize the government to remove the ban imposed on the Gulf countries. This ban has not only made the daily life of millions of women who are called lower castes difficult, it has not removed the burden of caste slavery.

– Mademba writes on racial marginalization and sexuality, while Nyupane is an economic-political analyst. Bhagat teaches at Brunel University, London.