August 29, 2024
By Alefia T Hussain
A recently published report titled ‘The State of Peasants’ Rights in Sindh 2023’, prepared by the Hari Welfare Association, sheds light on challenges faced by agricultural workers in the province. The report highlights critical issues ongoing violations of peasant rights, including inadequate minimum wage, severe water shortages, and the ineffective implementation of tenancy laws meant to safeguard these workers.
While the report delves into various peasant-related cases debated both in court and elsewhere, it places a particular emphasis on the plight of women peasants. The report underscores the lack of effective implementation of laws intended to protect women workers and peasants in Sindh – particularly the Sindh Women Agriculture Workers Act (SWAWA) enacted in 2019. The act grants women rights to equal wages, unionisation, written contracts, and access to social security but has remained largely unimplemented due to “bureaucratic and social challenges entrenched in the informal nature of agricultural work.”
As a result, the report states, “Women face further vulnerabilities such as sexual harassment and violence, exacerbated by weak law enforcement and lack of workers’ organization.” It also highlights that the necessary rules under SWAWA, covering aspects such as wages, working hours, child nutrition, access to health services, and maternity leave, have yet to be finalised.
The report further notes that the board responsible for overseeing the minimum wage of Rs32,000 has not been established, and women agricultural workers’ unions — requiring a minimum of five Benazir Card holders — have not been registered. This lack of progress leaves women marginalised in the agricultural sector.
The report also critiques the Sindh Water Management Ordinance (SWMO) of 2002, which was intended to ensure women’s representation in the Sindh Irrigation and Drainage Authority. Despite these provisions, women’s participation in related structures such as Water Course Associations and Farmers’ Organizations remains conspicuously absent.
The report explains that the introduction of pro-women laws aims to create “a participatory irrigation system that actively involves rural women in decision-making.” It seeks to protect the rights of women engaged in various agricultural activities, including chili picking, cotton picking, date processing, and banana and wheat cultivation.
Token participation
Akram Khaskheli, President of the Hari Welfare Association, points out that under the SWAWA, women peasants are entitled to registration with union councils, which would grant them access to minimum wage, social security, and maternity leave – “The Sindh government hasn’t even started the registration process, let alone provide them with their rightful entitlements.”
Though the laws mandate their involvement in agricultural structures like the irrigation department, he adds, “their participation is tokenistic, with men continuing to dominate the sector”.
Education is key
Zeenat Hisam, a researcher in the development sector, acknowledges that while SWAWA is a step in the right direction, it is unlikely to fully empower women farmers. “At most, it will create awareness about their rights,” she says. Hisam believes that to bring about substantial change and truly empower women peasants, social challenges like feudalism and patriarchy must be abolished. “In my opinion, education will take them the farthest,” she adds.
Lack of implementation of peasant-related laws
While acknowledging significant legislative milestones, like the Sindh Women Agriculture Workers Act, Sindh Industrial Relations Act, and Sindh Tenancy Act, the report emphasises that these laws have not been effectively implemented due to a lack of commitment from the government. It also highlights the government’s appeal against the Sindh High Court’s decision on the Sindh Tenancy Act and the Sindh Bonded Labour System Abolition Act.
Critically, the report points out that the Sindh Bonded Labour System (Abolition) Act of 2015 has seen little substantive action following the 18th constitutional amendment in 2010. “By 2023, while District Vigilance Committees (DVCs) were formed in all districts, their effectiveness and performance remained major concerns,” the report states.
The report also critiques the Sindh Resettlement and Rehabilitation Policy for failing to address the needs of peasants affected by the 2022 floods, leaving them trapped in Karachi’s slums due to cultural and land disputes in 2023. It further criticizes the Sindh Water Policy for being stalled by bureaucratic inertia and inadequate funding, and the Sindh Hari Card Programme for lacking proper research and documentation, as well as for failing to properly implement the minimum wage.