Amal Omer-Salim, IMCH, Uppsala University, Sweden WABA Women and Work task Force

1. Maternity Protection Campaign (part 1): orientation and regional highlightsRegional overview and highlights Amal Omer-Salim, IMCH, Uppsala University, Sweden WABA Women and Work task Force

2. Overview of Maternity Protection in Africa Ratification • Only 3 countries (Ghana, Zambia, Libya) ratified ILO C 103 (12 weeks) • None have yet ratified ILO C183, but several are working towards this goal Maternity leave • 9 countries have less than 12 weeks • >39 countries have 12 weeks or more • 22 countries already have 14 weeks Breastfeeding breaks • Most countries have provisions for breastfeeding breaks (2x30 mins) • Implementation of breastfeeding breaks is problematic Breastfeeding corners • Facilities for breastfeeding/expression at workplace are rare • Mainly in private sector

3. Maternity Leave in some African countries • Mozambique - 8 weeks (60 days) • Sudan - 8 weeks (+ one year) • Ghana - 12 weeks (6+6) • Swaziland - 12 weeks • Tanzania - 12 weeks • Zambia - 13 weeks (90 days) • Zimbabwe - 13 weeks (90 days) • Algeria - 14 weeks • Burkina Faso - 14 weeks (6+8) • South Africa - 16 weeks

4. Contentious issues • Economic- how to finance maternity benefits • Public versus private sector • Large informal sector not reached by laws • Qualifying criteria excludes many women • Teenage mothers • Lack of awareness of the importance of maternity protection • Discrimination and harassment of women in employment is common • HIV/AIDS pandemic and debate • Cultural norms not always conducive • Unstable political climates

5. IBFAN Africa Working Group on Maternity Protection • National and regional preparations for ILO Conference (1999-2000) • Several vocal African delegates at ILO Conference in 1999 and 2000 • IBFAN Africa working group on maternity protection established in September 2000 (sub-regional representation) • Sensitisation and training workshops for 17 countries (Swaziland-2000, Ghana-2001, Mozambique-2001) • Rapid national assessments carried out in 11 countries • National plans of action developed • National plans of action in several countries (2001-2002) supported through eg WABA ILO seedgrants, IBFAN Africa etc

6. Overview of Maternity Protection in Asia-South Pacific Ratification • Papua New Guinea, Sri Lanka, Mongolia ratified ILO C 103 (12 weeks) • None have yet ratified ILO C183 Maternity leave • 24/35 countries have 12 or less weeks • 3 countries have more than 12 weeks • 1 country already has 14 weeks • 3 have 16 weeks • 2 have > 17 weeks • 2 have >26 weeks Challenges • Lack of awareness of maternity protection rights • Issues of creches of places of work • Coverage/scope • Discrimination and job insecurity

7. Regional Highlights – EUROPE • General points: • 2 main sub-regions: -CEE: Bulgaria, Poland, Romania, Ukraine -EU: France, Italy, Spain, Sweden • -All 3 (4?) ratifications of C183 are European: -Slovakia, Italy, Bulgaria and Romania (?) • - Generally speaking, good laws due to: - strong labour movements - tradition in socialist countries to protect women workers - rich countries (EU) and have financial capacity • - Legislation in CEE countries (very good laws) - National legislation on maternity protection (labour laws, etc.) - Countries joining EU have to meet at least EU Directive standards • - Legislation in EU countries (relatively good laws) - EU Directive on maternity protection, binding for all member states - National legislation on maternity protection (or labour laws, health insurance, etc.).

8. 2) EU Directive 92/85/EEC, 1992: • - It is a general statement:national laws are more specific - “Art 1.1: “… to implement measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or who are breastfeeding.” • It states specifically: -risks to health and night work (Art. 5, 6, 7): -employer has the responsibility of assessing the risk of the job; -worker is entitled to other job, or to change conditions in job -or to take leave if job is dangerous for her health or that of the infant; - maternity leave (Art. 8): -at least 14 continuous weeks (obligation of the employer); -2 are compulsory (obligation of the employee), before and/or after confinement; -paid time off for ante-natal examination • employments rights (Art. 11): payment or adequate allowance for workers • There is no mention of breastfeeding breaks (or facilities)

9. 3) Comparing maternity legislation in a few EU and CEE countries • - Scope • (+) CEE:- in all countries, all employed women • (-) EU: - countries have limitations (self-employed women, agriculture) • - Leave • (+) CEE:- close to 14-16 weeks. Excellent parental leaves (up to 3 years) some of which is paid • (-) EU: - variable lengths (12-20 weeks). Many other leaves, including parental leave (up to 16 months) • - Benefits • (+) CEE:- 100% salary, paid by social security • (-) EU: - 80% salary, paid by social security

10. 3) Comparing maternity legislation in a few EU and CEE countries • - Health protection • (=) CEE:- night work, unhealthy work, part-time allowed, no overtime • (=) EU: - night work, unhealthy work, medical examinations while pregnant • - Breastfeeding breaks • (+) CEE:- 1-2 hrs/day, generally paid • (-) EU:- 1 hr/day, generally not paid • - Employment protection and non-discrimination • (-) CEE:- no dismissing; less mention of protection when employing • (+) EU:- no dismissing during pregnancy; no discrimination when employing

11. 4) Challenges in these countries: • - CEE countries: - “Opening the can of worms” in CEE countries (interesting the trade unions) • - EU countries: • Wider scope (EU, to include all employed women) • Higher benefits (EU, to reach 100%) • Paid breastfeeding breaks (Belgium: new law) • Discrimination (Sweden) • - All countries: • Campaign for ratification of C183 as all are relatively close

12. Maternity Protection (MP) in North America-Canada • Instituted national Maternity Leave, one year long, paid at 100% of earnings • in place almost two years • applies only to women who meet a minimum number of hours worked for the employer within a certain time (not part-time or casual workers) • Trade Unions have been strong supporters of better MP • Risk of US-based multinationals will attack the improvements in MP as a trade barrier under NAFTA • INFACT is ready to join with Trade Unions and anti-globalisation activists to defend Canada’s laws before the WTO

13. USA • 12 weeks of unpaid family leave for workers in large companies (>50 employees) • Five states (out of 50) have paid leave during/after pregnancy from disability funds. • In the last five years, there have been campaigns in at least 20 states for some kind of paid “new parent” leave—none has been successful yet. • Ten states have enacted laws that protect breastfeeding women in the workplace.

14. USA cont.d • TUs very active on work-family issues • Not on breastfeeding issues though • No “critical mass” due to low bf rates • Breastfeeding NGOS • worked mainly through state or local bf coalitions. • The US Bf Committee • has made the workplace one of its two top priorities. • International Women Count Network • active in 3 large cities • advocates for breastfeeding rights in its campaigns