Adhikaar: Fighting for the Rights of Nepalis Abroad

Tucked away in a corner of New York City’s Woodside is Adhikaar, a community-driven, women-led-nonprofit organization that promotes human rights and social justice for Nepalis in the local community. Adhikaar has been assisting the Nepali community with issues from improving immigration laws and changing health care policies to implementing labour laws. Their relentless efforts have fostered a community of volunteers and have recently earned them the Union Square Award, which is awarded to innovative grassroots organizations responding to New York City’s most pressing social issues. This group of charismatic women has been volunteering for over three years to push and build this organization. Their hard work has started to pay off. V.E.N.T! Magazine talked to Luna Ranjit, executive director of Adhikaar.  

Most Nepali organizations focus on issues in Nepal, why focus on Nepalis living in the United States?

The Nepali community has grown a lot in the last decade, and along with it, so have the needs for information, resources and services. South Asian groups did not seem to be reaching out to Nepalis, and the Nepali organizations were focusing more on cultural preservation, politics and charity in Nepal. Therefore, in 2005, the four of us (three Nepalis and one Zimbabwean friend) decided to start Adhikaar to focus on the needs of our growing Nepali-speaking community. Because of the background of the co-founders, Adhikaar has had a strong focus on human rights and social justice and policy-level work in addition to direct services.

What are some of the human rights violations and social injustices against the Nepali community that you’ve encountered?

The human rights violations and social injustices here are a combination of the social and cultural norms back home and the policies and practices of the United States. Many of our community members have fallen through the broken immigration system. Many have become out-of-status, and many are living in limbo, resulting in separation from friends and family members. Other issues we encounter regularly are exploitation at the workplace and a lack of access to healthcare and other resources. To some, their immigration status is the main barrier, but to most, a lack of awareness and access to information are the main problems. We have also found language to be one of the main barriers to our community members. 

The effects of the discrimination in Nepali society are visible here as well. Those from historically marginalized groups, including women, are still being marginalized here. Women, for example, are less educated and have limited English skills, and hence depend on others to even go to the hospital and other basic necessities. Some are more universal issues, like gender-based violence—just this past week, we encountered four incidences.  

Have you thought of branching out to other states, regions or even internationally?

Right now, our focus is in New York because we want to be rooted in the community where we work. From time to time, we do respond to calls and emails from other parts of the country. We also host human rights activists from Nepal, and have started conversations to raise awareness in Nepal. For now, we are not planning to expand. However, if there are individuals or groups in other parts of the country or world who would like to start something similar, we would be happy to work with them and help them in whatever way we can. 

How do you deal with illegal Nepalis approaching you for help?

Our services are available to everyone regardless of their immigration status. There are many local, state and federal rights that are available to everyone in the United States. Labour rights, including minimum wage, overtime, and breaks, are available to everyone who is working. But some public benefits like food cards and subsidized health insurance are dependent on their immigration status although many people who are documented also do not qualify for them, including those on temporary visas. Federally, even permanent residents who have been in the country for less than five years do not qualify for these benefits. New York, however, has a more generous policy. U.S. immigration law is a morass that is difficult to navigate even for the experts in the field. We consult with or refer to our partner organizations who specialize on different issues, and try to provide all the possible options. 

What were your results from your comprehensive community assessment and what actions did it result in you taking?

The community assessment has allowed us to have many in-depth conversations with our community members, and we have created programs accordingly. The first thing that developed from the process is our English classes. We also created our health program based on our findings. We are still working on the final report from our comprehensive community assessment. We do not have funding for the project, so the progress has been slow. 

Corruption is something that every Nepali has come across in Nepal and thus many are skeptical of even non-profit organizations. I didn’t see any financial records online. What measures do you take to ensure donors that funds are being dedicated to the program responsibly?

Corruption happens everywhere—Nepal, U.S., nonprofits, for-profits. We have a volunteer Board of Directors that oversees the financials, as well as providing guidance for programs and management. As a registered tax-exempt organization, we have to file an annual 990 to the IRS and the NYS Charities Bureau. These are public documents and the 990 is also available through GuideStar. Our website is currently static and needs to be overhauled. 

Have Adhikaar’s involvement in immigration issues brought some resistance from U.S. citizens who are opposed to change in U.S. National and State immigration policies?

As a community of mostly first generation immigrants, immigration laws affect almost all of us. Therefore, Adhikaar has chosen to join forces with other like-minded organizations, including the National Coalition of South Asian Organizations, to speak up for just and humane immigration reform, based on our belief that all individuals deserve fair and equal treatment regardless of ethnicity, gender, race, immigration status or sexual orientation.

Maybe because New York City is among the more immigrant-friendly areas of the country, we have not directly experienced opposition from individuals. However, we have seen a rise in anti-immigrant rhetoric and policies that restricts lives and increases fear among our community members, and makes Adhikaar’s work more difficult.  

Adhikaar supported The Domestic Worker’s Bill of Rights that had languished in the U.S. Assembly since 2004. Recently, it passed but stripped of many provisions. What is Adhikaar’s reaction to the new version of the Bill?

Given the historic exclusion of domestic workers from labour protection, the Inclusion Bill that was passed by the Assembly this spring is a historic step in the right direction, but it is not enough to protect the rights of the domestic workers who make all other work possible. We are continuing our fight for a more comprehensive Bill to pass in the State Senate this fall. 

Some of the originally drafted legislation required employers to provide health care, paid vacations and holidays, severance pay and a $14/hr minimum hourly wage. In my experience, many domestic workers are employed as nannies by working professional couples. Do you think they could afford all that you are asking for, like the $14/hr pay which is almost double the NYC minimum wage?

Hiring a nanny (as opposed to using day care center, or raising the children yourself) or a housekeeper (instead of spending evenings and weekends to clean and do laundry) is a lifestyle choice. Domestic workers make it possible for their employers to continue with their jobs and life-style by taking care of their most valuable assets—their children and their homes. Therefore, the employers have to be willing to pay a decent wage and benefits to their employees. Actually, many domestic workers, including many of our Nepali sisters, earn more than $15 an hour in addition to paid vacation and other benefits. Unfortunately, there are more stories of exploitation, including payment below $5 an hour, long hours, hazardous work conditions, and in some cases even denial of proper meals and breaks. The Bill of Rights is about dignity and respect for domestic workers, as well as fair remuneration for their work.

The minimum wage is not enough to live decently in New York, which is now the same as the federal minimum wage. $14 an hour would allow the worker to lead a decent life, as opposed to the minimum wage which forces working families to live in poverty. Adhikaar also supports the living wage campaign, although that is beyond the scope of the Domestic Worker Bill of Rights. 

Even if this bill was passed how can it be enforced or tracked, since most of these jobs are paid under the table to illegal immigrants, aren’t they?

Passing any law is not enough in itself to get it enforced. However, the organizing for the Bill of Rights has empowered thousands of domestic workers in New York and beyond to stand up for their rights. Once the Bill of Rights is passed, we will work on raising awareness about the provisions of the bill among the workers and the employers. The Bill will serve as a guideline for employers who want to do the right thing. 

What changes have you seen in your line of work as a result of the recession?

The current economic crisis has increased our workload as more people started losing their jobs, especially those working in the informal sector. Among domestic workers, some employers lost their jobs and had to let their workers go. But in many cases, the economy became an excuse to increase workload and reduce pay. We also heard more cases of employment agencies taking advantage of the increased unemployment by charging higher fees and mistreating jobseekers.

For additional information and donations, visit Adhikaar's website at: adhikaar.org.  

Interview by Neeraj Gokhaly, Consulting Editor, V.E.N.T! Magazine. Photographs provided by Adhikaar.