1. POLICY ADOPTION AND IMPLEMENTATION OF ILO CONVENTION 183 OF 2000 ON MATERNITY PROTECTION-EXPERIENCES FROM KENYA BY
Betty Samburu
Programme Manager MIYCN -Kenya
Breastfeeding Conference South Africa,
11TH to 14th December, 2016

2. Presentation Outline Background
ILO Convention No.183, 2000 on Maternity Protection core elements
Process of Ratification and status in Kenya
Kenyan laws on Maternity Protection
Progress and position of Kenya in implementation
Key factors to success
Challenges
Recommendations and next step

3. Background Women in employment
Discrimination of pregnant women very high especially in private sector
Small companies avoid employing women of reproductive age
In private sector maternity leave is a challenge- most of them give the 6 weeks compulsory leave but not maternity leave

5. Con. No. 183 (2000) – Core elements
Maternity protection is key for all women and when we ratify convention 183 of 2000 it means
Employment protection and non discrimination (no pregnancy discrimination)
Maternity leave for 14 weeks
Health protection at workplace (safe and health pregnancy, health for a nursing mother)
Cash and medical benefits
Breast feeding arrangements to help workers breastfeed or express milk at workplace

6. Process of Ratification and Implementation of ILO Conventions
For a convention to become legally binding upon a member state, it must be ratified.
Ratification procedures differ from one country to another.
For a convention to be ratified, a state must;
Submit it for approval by a competent authority (usually a parliament)
Upon approval, communicate the ratification to the Director- General of the ILO for registration.
Reports are to be submitted regularly on implementation and will be reviewed by the ILO supervisory mechanism.

7. What is Kenya progress and position in terms of implementation of Maternity Protection as stipulated by ILO Convention 183 of 2000?

8. MATERNITY PROTECTION IN KENYA
Kenya has not ratified the ILO convention 183 of 2000 on maternity protection.
For countries which are not in a position to implement all recommendations under a particular convention they look at the convention takes parts of it and make it to a law
Parts of the ILO convention have been adopted and integrated into the following policies and legislations
Kenyan employment Act 2007
New constitution of Kenya 2010
Collective Bargaining Agreement 2010
The Kenya National Health Law The bill of rights for working women

9. Annual leave – No forfeiture
Employment Act 2007
Maternity leave – Employment Act Section 29 provides for three (3) consecutive months.
With consent of the employer, sick leave, compassionate leave, annual leave can be combined. (this has worked well in public sector)
Annual leave – No forfeiture
Paternity leave – Two (2) weeks for fathers
Cash/Salary/Wages – Full pay for the entire period the employee is on leave
Employment Act Section 5(3)(a) (discrimination in employment) and Section 46(a) (reason for termination)

10. The constitution of Kenya 2010
The new constitution of Kenya Article 2(6)
(Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution).
The maternity leave was adopted as it is in the labour laws

11. Collective Bargaining Agreement
Breast feeding mothers – not provided in the law but CBAs,
The CBA states that breastfeeding mothers should be given time off to breastfeed within the working environment or at least one hour at home
The employer and the employee rep come to table with proposals and at the end of the day they agree- Trade Union (COTU) has ensured 2-3 breaks are in the CBA- this becomes binding

12. Bill to have employers provide breastfeeding stations

13. Kenyan MPs approve bill to have employers provide breastfeeding stations
The clause is within the Kenya Health Bill
Mandatory provision of breastfeeding stations for nursing mothers in the workplace by employers
All employers shall in the workplace establish lactation stations, which shall be adequately provided with necessary equipment and facilities....,"
Breastfeeding breaks
"An employer shall grant all nursing employees break intervals in addition to the regular times off for meals to breastfeed or express milk,"

14. What are some of the key factors to success?

15. Good Coordination and Planning
The National Maternal Infant & Young Child Nutrition (MIYCN) steering committee-meets monthly
Meets quarterly
Membership from development and implementation partners, MOH units, research and academic institutions- decision makers
Lobby allocation of budgets
Approval of guidelines
The MIYCN technical working group
Meets monthly
Agree on a common work plan and timelines for activities
Membership from development and implementation partners, MOH units, line ministries, research and academic institutions-technical officers
Involved in technical development of documents
Workplace sub committee established under this TWG
Clear result oriented annual work plans- adopted by partners for implementation
Issues of research integrated in the work plan

16. Involving high level political office: MIYCN EXHIBITION: The MIYCN Manager giving a brief on MIYCN programme to the first lady her excellency Margret Kenyatta, the chair parliamentary Health Committee Dr. Racheal Nyamae who is the mover of workplace bill, the Cabinet Secretary and others. Besides the team is a summary guidelines on workplace support that was launched

17. Involving parliamentarians to understand more about the benefits of breastfeeding to the mother, the baby and economic benefits to the nation- Honorable Ore- who is supporting moving the workplace bill in parliament holding a baby for a champion mother who successfully breastfed for 6 months, and Honorable Mule deputy chair council of governor giving a speech during WBW

18. Involving employee trade unions, partners, research/academic institutions and private sector: Advocacy on workplace support during the launch of WBW: Panel Representatives-COTU, MOH Nutrition-Mrs. Gladys Mugambi, SUN Academia chair Dr. Faith, UNICEF Chief Nutrition-Grainne, Prof Judith Kimiywe-KU, KEPSA trustee-Gloria Ndekei

19. Conducting research and dissemination meetings on workplace: Right A panel of presenters from FKE-Lorraine Oyombe, MOH-Betty, APHRC-Dr Elizabeth and, COTU-Isaiah Munoru listening to questions regarding workplace support Right Dr. Nyakiongora from policy and planning division in the Ministry of Health asking questions on workplace support as participants listen

20. Development and dissemination of guidelines for securing a baby friendly breastfeeding environment

21. Use of all forms of media

22. Enactment of national legislations (BMS) Act

23. Promotion during labour day celebration 1st May of every year
All labour days -have a banner comunicating to GOK to ratify convention 183 of 2000 on maternity protection

24. Challenges 1.Lobbyist groups against the implementation of 14 weeks
maternity leave
Kenya was amending from 12 weeks to 14 and passed by parliament and before the president accented it- the employers went to court to stop it
Employers feel they are burdened whereas the children are for the nation
The GOK need to take the burden not employers-
The workers needs the GOK to pay mothers while on leave- the employer pays then they are refunded-
The clause was in the bill-when parliament accented the law they removed this clause

25. Challenges
Coordination –definition of roles and responsibility- who should spearhead the ratification of ILO C.183 of 2000?
Lack of taking breastfeeding as a development agenda
Research and information gap
Big multi company like- EPZ with many women employees given immunity by government - cannot take them to court
Political good will-still more advocacy to be done

26. Recommendations More advocacy Streamlining the responsibility
Development of guidelines on workplace support for breastfeeding
Make work place support for breastfeeding a global agenda

27. Next step on implementation of maternity protection
Breastfeeding Bill passed in parliament- waiting presidential accent
Amendment of the employment Act maternity leave from 3 months to 14 weeks-Passed in parliament- presidential accent
Campaigns being done by trade unions lobby groups to ratify the ILO C.183 of 2000
Campaigns and advocacy forums
Research to inform policy: Collaboration between UNICEF, KEPSA, Academic institutions and APHRC on research & implementation of workplace support in private sector
More advocacy and buy in of political will to adopt 6 months maternity leave

28. ACKNOWLEDGEMENT
UNICEF
KEPSA
COTU
FKE
APHRC