International Women's Day: Gender Equity and Non-Discrimination

The Global Fair Trade Movement is founded on principles which can be viewed as a living document; a "life-form" that evolves and progresses with time. As members we are enabled to keep our movement relevant by periodically reflecting upon and revisiting these principles. In June of 2011, recognizing the importance of cultural influences, the WFTO improved Principle 3 on Fair Trading Practices:

Fair Trade recognizes, promotes and protects the cultural identity and traditional skills of small producers as reflected in their craft designs, food products and other related services.

On this International Women's Day, I propose two essential changes to Principle Six: Commitment to Non Discrimination, Gender Equity and Freedom of Association. 

Firstly, we have identified Non-Discrimination as a principle we abide by, however there has been an oversight in defining the term itself. As it stands, Principle 6 simply states, "The organization does not discriminate in hiring, remuneration, access to training, promotion, termination or retirement based on race, caste, national origin, religion, disability, gender, sexual orientation, union membership, political affiliation, HIV/Aids status or age." However, can we improve upon this single sentence; can we provide more clarity to answer the basic question: What is Discrimination?  

When an organization utilizes a Rights-Based Approach they recognize poverty as injustice and includes marginalization, discrimination, and exploitation as central causes of poverty. To integrate a Rights-Based Approach is to strengthen our trade partners not only in trade relations, but in their quality of life; to enjoy the freedoms internationally recognized as inherent to all human beings. Isn't this what we want for our producers?

Admittedly many corporations around the world have incorporated policies to clearly define this issue and it is time the Fair Trade Movement does the same. However, we can do much better than a providing a corporate framework or dictionary definition of discrimination. If we integrate a Rights-Based Approach to Fair Trade, we don't need to look far in order to find a fitting definition which can be readily applied. 

 
The United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the convention with the most signatory nations of all the human rights treaties. Article 1 of this groundbreaking treaty presents a clear definition of discrimination which can easily be incorporated into our existing principles.
 

"‘Discrimination against women’ shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” 

 – United Nations Convention on the Elimination of All Forms of Discrimination Against Women,
Article 1

 

Let's break this down more carefully to clarify what this Article is stating; to examine to actions, conditions and impacts that define discrimination:

• The term “discrimination against women” shall mean
• any distinction, exclusion or restriction made on the basis of sex which has the
• effect or purpose of
• impairing or nullifying the recognition, enjoyment or exercise by women,
• irrespective of their marital status on a basis of equality of men and women,
• of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. 

 

We can clearly see that this definition looks at impacts far beyond hiring, remuneration, access to training, promotion, termination or retirement. In fact, it looks at the restriction of women's human rights as a means to determine if an action is discriminatory.

Discrimination defined in CEDAW is clear, and easy to understand. Unfortunately the wording of Fair Trade Principle 6 fails to recognize the many forms of discrimination:

• Direct or Indirect (Intended or Unintended) – Indirect includes a neutral law which has the effect of discriminating
• In law (de jure) or in practice (de facto)
• Present or Past/Structural, which is to say "historical discrimination"
• In all fields (civil, politcal, social, cultural, economic)
• Inter-sectional / Multiple Discrimination

 

By clarifying inter-sectional, CEDAW recognizes that groups of women suffer multiple discrimination based on additional grounds such as:

• Race or Ethnicity
• Religion
• Disability
• Age
• Class
• Sexuality

Why is incorporating this definition important?
Considering a majority of the global inhabitants (51%), and a majority of Fair Trade Producers are women who experience various forms of discrimination on a daily basis, the Fair Trade Movement must take a more active role in eliminating discrimination against women. We can also broaden this definition to include discrimination based on race, caste, national origin, religion, disability, sexual orientation, union membership, political affiliation, HIV/Aids status or age.

For the sake of clarity, I propose rewording of the Principle of Non-Discrimination in such a way as to integrate a Rights-Based Approach to our work: 

The organization does not discriminate in hiring, remuneration, access to training, promotion, termination or retirement. The term “discrimination” shall mean any distinction, exclusion or restriction made on the basis of sex, race, caste, national origin, religion, disability, gender, sexual orientation, union membership, political affiliation, HIV/Aids status or age which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by anyone, irrespective of their marital status on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

The second proposed change to our principle of Gender Equity is recognizing women's right to a Paid Maternity Leave

As it stands, our Fair Trade principle on Gender Equity does not recognize this right. As a matter of fact, it only recognizes pregnant women in one sentence, "The organization takes into account the special health and safety needs of pregnant women and breast-feeding mothers." Initially this point may seem unnecessary, or a Western luxury, but when we view this from a Rights-Based perspective, women are already entitled to a paid maternity leave and it is our collective duty to uphold this right. If we, as a global movement believe that we stand for the rights of women, we must insist all Fair Trade producers, buyers, exporters, importers, wholesalers  and retailers recognize women's right to a paid maternity leave.

United Nations Convention on the Elimination of All Forms of Discrimination Against Women

Article 11

2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures

(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

 

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

 

(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities; 

 

(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.

By incorporating a Paid Maternity Leave into our Principles we are not introducing a foreign concept, but integrating internationally recognized rights entitled to all women regardless of where they reside. 

Integrating Paid Maternity Leave with Fair Trade Producers

In 2011, while working with Helvetas Intercooperation, a Swiss NGO, in Vietnam we encountered a common practice amongst Small and Medium-sized Enterprises (SMEs). According to Vietnamese law, SMEs are required by law to financially support the women on maternity leave. This is done through purchasing a Social Insurance where the workers pay 8.5% of their salary and SMEs pay 20% of their pay for the triple insurance coverage plan. However, most SMEs do not purchase this insurance for their workers thereby cutting costs. The consensus amongst SMEs in Vietnam regarding maternity leave seems to be that women are entitled to an unpaid leave and many return to work afterwards. According to the law, those who don’t provide them with insurance must pay out of pocket the same amount for maternity leave. When women assert their rights to a paid leave, more frequently than not, they are fired without separation pay and not welcome to return to the position they once held. 

Helvetas wanted to integrate a paid maternity leave into the contract with producers, however, we quickly discovered a difference between the Helvetas standard of 6 weeks maternity leave and Vietnamese law. Maternity leave in Vietnam as per the Labour Law is:

• Normal working condition: 4 months paid maternity leave
• Hardship (rural / military / dangerous environment): 5 months paid maternity leave
• Disabled women: 6 months paid maternity leave

 

Our predicament was to write a policy in the contract which can be implemented globally. Through dialogue and discussion with producers in Vietnam, we came to set a policy that is acceptable to both Helvetas and Vietnamese producers: 

Producer offers whichever is greater: a minimum paid Maternity Leave of not less than 6 weeks or what is established in the national labour laws, regardless of contracting status or time in employment; plus additional leave on an as-needed basis with a guarantee of resuming employment upon return.

So, in short, incorporating a Paid Maternity Leave is not only possible, it is essential. Without integrating this right, we neglect to uphold our responsibility to women worldwide.

Today I submit to you that Fair Trade, as a Global Movement, must integrate a Rights-Based Approach to strengthen our trade partners not only in trade relations, but in their quality of life. We can start through a comprehensive integration of women's rights into our principles of Gender Equity and Non-Discrimination. 

Sincerely,

Mitch Teberg, MA 

International Consultant

Sustainable Development / Fair Trade/ Women's Rights and Gender

Researcher / Trainer / Consultant   

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International Women's Day - Gender Equity and Non-Discrimination