Advocacy manual for the NGO’s, CBO’s and other related organization
Prepared By
Ms. Vibhawari Kamble
Submitted to
Mr. Coen kompier
A toolkit of reference material and practical example
Table Content:
Acknowledgement……………………………………………………………….
Introduction …………………………………………………………
Manual Scavenging Practice………………………………………..
Forms of manual Scavenging…………………………………………
Measures Taken by the Government…………………………………..
ILO intervention…………………………………………………
Advocacy Plan………………………………………………….
Annexure………………………………………….
National Action Plan For eradication of Manual Scavenging by 2007…………………
The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993…
Acknowledgement
This was really a wonderful journey of Preparing a Manual for Advocacy on Manual Scavenging. Firstly I need to start with Coen kompier who has given me platform and opportunity to work on this issue in the ILO set up. There were lots of learning that took place during this period. Thanks a lot coen. Motivation and encouragement at every level was amazing. I would have never got those thing which you have given me…I will always remember you. Even Pushinder Ma’am who took care of my stay in Delhi . Also very Ms. Neetu who made my all arrange during the absence of Coen.
I would also like to thank Navsarjan trust for allowing me stay in their campus and complete my work effectively with the help of the their activist…..
I would also like to thanks my Institute for allowing to my Intership with the ILO. My supervisor Ms. Monica who has given timely help during the block field work.
Lastly my parents and friends…specially Mr. Sameer Taware who has come all the way form Mumbai to do the presentation at ILO on the Manual scavenging and help to do my advocacy plan.
“On the social plane, we have in India, a society based on the principles of graded inequality, which means elevation of some and degradation of others. On the economic plane, we have a society in which there are some who have immense wealth who live in abject poverty. On the 26th January 1950, we are going to enter into a life of contradictions. In politics, we will have equality and in social and economic life, we will have inequality. In politics we will be recognizing the principles of ‘one man – one vote and one value’. If our social and economic structure continues to deny the principle of one man – one value, how long shall we continue to live this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow the structure of political democracy which this Assembly had so laboriously built up”.
[Dr. B.R. Ambedkar]
Introduction:
Whole Indian society is divided horizontally and vertically into thousands of castes and sub-castes. Untouchables are no exception. Mahars are divided into 12 and a half-caste. Chamars the most populous of the untouchables are divided into more than sixty castes. Valmikis divided into seven castes namely Chuhada, rokhi, mehatar, malkana, halalkhor, Laal begi. Like all other castes each of the Scheduled Castes looks down upon the neighbouring caste. Even after conversion to religions like Christianity, Islam and Sikhism, converts remain divided on caste lines. One can change religion but not one's caste.
Although even after sixty two years of independence, India still has close to seven lakhs people working as manual scavengers. It is a real disgrace and affronts on our democratic ideals of equity and justice that such a large number of right bearing citizens of this country are forced to indulge in the inhuman practice of manual scavenging. Manual scavenging is one of the most extreme forms of caste discrimination and the states complicity in its continued is an unacceptable human rights violation.
I happen to being at Gujarat to understand and identify the practice of manual scavenging in Gujarat. Firstly I need to plan out my work and strategies to identify the scavengers. I have divided my work into three levels, first I need to meet the scavengers, take their video so that I can witnesstheir work, secondly I should meet government official of the Gujarat state to understand the rehabilitation policy and implementation of the schemes. Thirdly I need to understand how caste system operates in all this practice. Before we go further we need to understand what is manual scavenging? And what is the government initiative for the practice?
Manual Scavenging Practice:
Manual scavenging:
The obnoxious and inhuman occupation of manually removing night soil and filth using their hand is called ‘manual scavenging’. The occupation has remained intact with the valmiki communities dictated and forced upon by the caste- system. The forms of manual scavenging and cleaning of human excreta have changed over the period of time both in rural and urban areas. However, the practice of inhuman and derogatory occupation of manual scavenging continues under different forms and manner.
According to “THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 1993” Manual scavenging is defined as:
“Manual scavenger” means a person engaged in or employed for manually carrying human excreta and the expression “manual scavenging” shall be construed accordingly.
Forms of manual scavenging:
There are different ways and forms in which the people are forced to carry out cleaning of manual scavenging.
- Wada: wada toilets are open filed for defecation but surrounded by 4-5 feet tall walls. They are usually used by the women in the villages. The manual scavenger is required to clean the wada toilets collecting the human excreta with hand brooms or sheets.
2.Dry Latrines: Dry latrines are toilets having no flushing facility or are connected to a septic tank. It generally has receptacle to collect human excreta and sometimes may not have been even that. It is also known as basket latrines and requires manual cleaning on a daily basis.
Dry Latrine
3.Dabba (Jajroo): Dabba (Jajroo) is a tin or wooden box kept in compartment to collect the human excreta. A manual scavenger takes out this box filled with excreta out and empties it in a container or basket.
4.Wadoliya: wadoliya is space in the backyard of private house owner used for defecation especially by the women folks. It is mostly common in the Darbar households who practice the tradition of ‘ojhel’ (restriction of women‘s mobility outside the homes.)
5.Open defecation : common in the urban and semi- urban areas, open defecation is defecation of public in an open plot or roads. The safai kamdhar employed by the gram panchayat or nagarpalika are required to clean the human excreta along with other waste as well.
Manual Scavenging: Clearing open defection on the road side.
6.Kharkua: when the pit or well is full, the cleaning and emptying of the pit is done by the people form valmiki community in lump- sum basis.
7.Man- hole: the sewer lines at many places in the cities often get chocked up and require constant rectification and clearing of sludge. For the same, a safai kamgar from valimiki community has to get into a manhole and clean it.
8.Flush latrines: Apart from the cleaning of dry latrines the availability and use of water too does not stop the work of manual scavenging. They too are required to be cleaned in a daily basis.
Measures taken by government so far towards elimination of manual scavenging:
1.Legislation
The Act (‘the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993’) does not prohibit dry latrines and manual scavenging in a direct fashion. It operates after State Government issues a notification fixing a date for enforcing the provisions prohibiting employment of manual scavengers and dry latrines in the specified area. The notification itself can only be issued after giving a notice of ninety days, and only where ‘adequate facilities for the use of water-seal Latrines in that area exist’.
Act on Scheduled caste and Scheduled Tribe (Prevention of Atrocity) act, 1889. under the section of 3(1)(VI) compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;
Act “Bonded Labour System (Abolition) Rules, 1976.
2.Constitutional safeguards:
Article14 : Equality before law. (Right to Equality)
Article 16 (2): Equality of opportunity in matters of public employment
Article 19 (1)(g) : Right to Freedom(Protection of certain rights regarding freedom of speech),to practice any profession, or to carry on any occupation, trade or business.
Article 21: Protection of life and personal liberty
Article 23: Prohibition of traffic in human beings and forced labor
3.Rehabilitation measures by government:
Form the central level this are the schemes which are enacted
1.National Action Plan for Total Eradication of Manual Scavengers by 2009. (Annexure)
2.The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, (Annexure)
3.Integrated low-cost sanitation (ILCS) scheme
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4.Self-employment scheme for rehabilitation of manual scavengers (SRMS).
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4. ILO intervention
ILO is the only international organization which operates on a ‘tripartite’ basis.Since its inception, worker and employers organization have worked side by side withgovernment in a three- way or tripartite basis.
To put its aims and objective into practice, the ILO formulated and adopts different standards (International agreements such as conventions), resulting from a process of consensus among its members on a specific issue.
Discrimination (Employment and Occupation) Convention no.111 (1958) which deals with issue of work-related discrimination and promotes the equality in employment and occupation and also this convention states that Government needs to adopt the laws for combating discrimination through creation of educational programmes for equal opportunity, adoption of national policy on equal opportunity, full cooperation with employers and workers organization. This convention also states government to establish a national agency on equal opportunity along with repeal of inconsistent laws and practices. Social origin is one of the grounds of prohibited discrimination and ratified by India (1960)
Regarding forced labour, ILO has adopted Forced Labour Convention (1930) to suppress the use of forced or compulsory labour in all its forms. As Dalits are mostly even today are engaged in Caste based occupations like Manual Scavenging, this convention states the government is requires to take action through carrying out regular inspections of labour conditions, by ensuring punishments and making the forced or compulsory labour as a penal offence. The most important thing is that the Abolition of Forced Labour Convention (1957) deals with the elimination of forced labour which states that effective measures should be taken on the part government for immediate and complete abolition of forced or compulsory labour. Planning Commission of India was developed the National Plan to eradicate the practice of the Manual Scavenging by 2007, but it could not be possible to it, so now it has developed the National Plan to eradicate Manual Scavenging by 2009. As mostly Child Labourers in India are Dalit Children. Since beginning, Child labour has been a major issue for the ILO and it has adopted the different conventions for protecting children. Thus, the principal aim of the ILO is to eliminate child labour completely for which it has adopted two conventions the Minimum Age Convention (1973) and Worst Forms of Child Labour (1999), both aims to abolish child labour and prohibit and eliminate the worst forms of child labour like sale and trafficking of children, child prostitution and work which harms the health, safety or morals of the children. This convention states government to specify a minimum age limit for children to enter the workforce, to designate of competent authority to implement the convention, to enforce of penal sanctions.
Role of employers’ and workers’ organization: (ref: handbook of procedures)
59. Communication of reports and information to employers’ and workers’ organizations. By virtue of the constitutional obligations on all member states, representative organizations of employers and workers have to receive copies of:
a)Information communicated to the office concerning measures taken to submit conventions and recommendations to the competent national authorities;
b)Reports on the application of ratified conventions;
c)Report on unratified conventions and on recommendation;
61. Transmission of comments by employers’ and workers’ organization: any employers’ or workers’ organization – whether or not it has received copies of government reports- may at any time transmit its committee on any of the matters arising in connection with paragraphs 59 and 60 above. The committee of experts and the conference committee have stressed the value of such comments as a means of assisting them, in particular, in assessing the effective application of ratified conventions.
Manual scavenging in India can only be prevented if the law prohibited the practice of manual scavenging is fully enforced. But the enforcement of this law cannot be achieved in isolation. A multifaceted approach for the rehabilitation of manual scavengers, the prevention of the construction of dry latrines and the employment of manual scavengers has to be carried out across India. To work out this we need to have proper advocacy plan which will work like ILO, as tripartite system, we should work on governmental, NGOs, CBOs, and with the employers.
Advocacy Manual:
Advocacy is an act of giving support to the cause and organized efforts and action that used the instrument of democracy to strengthen the democratic process.
To frame out the advocacy plan we need to do Stakeholder analysis which will be effective to implement the plan:
Step 1:
Collecting Information
A lot of work needs to be done with regard to manual scavenging practice, but government denial the fact of its existence. In fact, issue cannot be raised unless a lot of related information is collected. This information would relate to those aspects which will guide the future steps in the campaign. The information to be collected would be regarding the following points:
1.1Laws relating to the issues.
1.2 RehabilitationPolicyState wise on the issues
1.3.Sympathizers within the government, of our issue and opponents of our cause.
1.4 Media coverage and its analysis.
1.5 Collecting evidence on the same issue.
It been observed that government India denies the fact that manual scavenging is still practice, we need to create evidence to proof the existence of the manual scavenging.
Evidence includes:
A. Photo ID from the government bodies (Grampanchayat, municipal commission and Municipal Corporation)
B. Affidavit (Legal document) of the victim/ sufferer
C. Videos clips/ pictures of the person engaged in the work
D. Inspection of the registered maintain at district level
1.6Effective Use of RTI (Right to Information)
1.7Other groups working on the same issue.
Step 2:
Mobilizing interested people
For any advocacy effort to be effective, it is essential that as many of the people interested and affected by the issues as possible come together. This can help in projecting the importance of the concern and for the issue. It is expected that the interested people can be mobilized by any of the following methods:
2.1.Appeals, letters.
2.2.Exhibition, posters, leaflets, handbills.
2.3.Speeches.
2.4.Meetings.
2.5.Signature campaigns.
2.6.Dramas, rallies, demonstrations.
2.7.Street plays.
2.8.Conferences, workshops, symposia.
Step 3:
Networking and forming alliances.
It is very important to establish links with groups and organization having similar interests. Such groups may interact with one another primarily on matters of common interest. The networks could be formed around specific issues. e.g. network established around the issue of Manual Scavenging, bonded labour, forced labour, , Construction labour, etc. What is expected to be achieved through such network is to strengthen the links, share the experiences, widen the information base, pool the expertise and understand the issue from all angles. Establishing links within the network and among the networks, though timeconsuming, is yet very essential in strengthening the efforts at advocacy
Networking with
1.NGO’s CBO’s:
Those NGOs, CBO’s are working on issue of manual scavenging practices
Those NGOs, CBO’s are working on Human rights issues
Those NGO’s CBO’s are working on women issues
Those NGO’s are advocate and supportive on issue of Dalit Human rights
Forum of various NGO’s , CBO’s to address the problem : those organization are working on issue of manual scavenging need to come together for common action plan and need to develop common action plan against manual scavenging practice.
- Trade union’s
Trade unions have the power to identify the issue as a labour issue and work on the line of decent work for all. Trade unions have mass mobilization and can carry out mass activity.
Strengthening Unions
- Union need to take up issue of scavengers: Union should recognized the need to take up the issue of scavenger which will make an impact on the UN organization.
- Perspective and vision building according to issue of Manual Scavenging.
- Legal awareness context to Manual Scavenging.
Creating a platform