Thursday, 19 May 2016

Slavery Exists

“This injustice I face is not my fate” – Veerji Kolhi (Advocate/Social Activist, was involved in bonded labor for four years.) Bonded labor is an extensive form of slavery. It is a system of forced labor, under which a debtor enters or is presumed to have entered into an agreement with the creditor for doing work in consideration of a said amount, which sometimes is of a substantial nature. As defined by the ILO, "a bonded laborer refers to a worker who renders service under conditions of bondage arising from economic considerations, notably indebtedness through a loan or advance. When debt is the root cause of the bondage, the implication is that the worker (or dependents or heirs) is tied to a particular creditor for a specified period until the loan is repaid." Bonded labor exists in all areas of Pakistan in one-way or another. It exists in agriculture with farmers working in the fields, at brick kilns and even in factories and mines. “10 years ago, we had drought in our village, Koya Nagarparkar and we had to migrate to Umarkot to a feudal lords farm. The feudal lord offered us work and good wages, so we started working there. His men followed us while we worked and made our lives very hard especially for our young unmarried girls. The men who married women from other villages were told that the feudal lord would consummate the first night of marriage because he bore the expenses of the wedding. Men and women used to work separately and we didn’t see our men for 6 months in the rainy season. Many people were killed and buried in the fields where they would run the remains with a tractor at night removing any trace of the corpse. They also made life very hard for my husband. One day they called him to the meeting area and offered him money. For two days no body knew where he was and on the third day we received his dead body “- Punni (documented by Mehrgarh – a center for learning) Bonded labor IS deeply rooted in the exploitative feudal system, which operates on power hierarchies, absolute control over people’s true democratic rule and elected democracies and has been further worsened by the recent devastating economic situation in Pakistan that has pushed countless people below the poverty line. From taking loans for marriages and medical assistance to simply surviving and feeding oneself, individuals not only pledge themselves but their entire families into bonded labor. Illiteracy has played its part in worsening the situation as people with financial needs are tricked into taking loans which are impossible to pay off in the given time frame and therefore are passed on down in the family. High interest rates, low wages and the employers’ negligent attitude toward laborers are just some of the reasons a loan is impossible to pay off. In majority of the cases, the employer tampers with the loan records and coerces the laborer to work indefinitely or face the consequences. The debt accumulated is passed down from generation to generation thereby creating an irreversible cycle of slavery. Bonded child labor is also a result of the peshgi system where a family member takes advance payment from an employer and in return pledges the child to work until the loan is paid off. The landed aristocracy has either maintained strong ties with elected assemblies or are sometimes even a part of them. Similarly, as a controlled mechanism, they have either kept strong ties with the law enforcing agencies and left little room for them to operate on their own. The disbalance between the economic and social structure mainly leads people in total standing of dependence leading them to bonded labor, as on one hand there is high
concentration of ownership, power and influence while on the other hand there are people with no ownership or means of production, neither any social standing or security. “We were like slaves that they had purchased. I cannot even tell you how we suffered. They used to do whatever they felt like doing to us. We were only given enough food to keep us alive. If we died, they would loose their laborers and the work would stop.” – Wakeelan Rajput from Khanewal. (activist/president brick kiln union, Azad Nagar) There have been anti-slavery laws for long but when ILO and Asian Bank conducted a survey, the result showed that about 2 million people were involved in bonded labor. The issue was raised and The Bonded Labor Abolition Act 1992 was introduced. The law was passed in 1992 and its rules in 1995 so it wasn’t used for three years. This law states that an individual living in a society can not be bound under any circumstance or agreement and if any loan is granted under any agreement, after the enactment of this law, it would be considered invalid. Most importantly, a district vigilance committee was to be made in every district to monitor its implementation but unfortunately from 1995 to 2015, we cannot be certain that one such vigilance committee has been made in every district. There was one set up in Hyderabad, but limited initiatives have been taken under it. Regrettably, this law has hardly been used for charging the violators and despite the declaration of bonded labor as a crime under “Pakistan Penal Code”, no violator has been charged with any punishment. The only result of these cases have been the liberation of slaves from bondage but the crimes reported by the victims like imprisoning them, putting them in chains, rape of women and murder of their family members have gone un-acknowledged. Several reasons have been used to justify the non-implementation including the change in the third tier of governance through local bodies where magistrates cease to exist and alternative term comes up. The federal law minister sent out instructions to cover this change in each law, through a notification and a generic notification was sent to cover any act to change the terminology to match the local body system but still did not help in its implementation. After the historical 18th amendment, the provinces are expected to take charge of their portfolios. It is recommended that the Bonded Labor Act 1992 should get implemented first and then the provinces can take their own decisions on its amendments. Federal and Provincial Government should ensure the enactment of this law, make sure that conviction for violators set a precedent. It is their duty to take the legislation seriously and properly notify the relevant authorities for its implementation. It is also recommended that the election commission should disqualify political candidates who are engaged in the practice of bonded labor on their lands. The government must work in close collaboration with the civil society who has collected data and information to play a greater role in the proper allocation and distribution of the funds for their rehabilitation. “We want our government to give us the rights we deserve, so that we don’t have to worry anymore about slavery. The rest we will work out ourselves, we will make our living. We feel that even though we don’t live there anymore, we are still trapped in prison as we can not leave our homes in the fear that they will kidnap us again” – Laxmi Kohlan

published in dailytimes on July 7th, 2015

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