Is Namibia Prepared For Paternity Leave?
By: Matthew BurnettBECAUSE there are many Namibian fathers who do not involve themselves in child care responsibilities, paternity leave is an issue whose time has perhaps not yet come.
On the other hand, paternity leave might serve as a mechanism which
would encourage Namibian fathers to take greater responsibility for
their children's upbringing.
As part of its ongoing work to promote gender equality in
Namibia, the Legal Assistance Centre (LAC) recently made a
submission regarding the new Labour Bill to the National Council
Standing Committee on Constitutional and Legal Affairs.
Included in these submissions is a proposal for public input on
the question of paternity leave.
The LAC proposed that the Committee investigate whether there is
any demand for this type of leave, and that it get feedback from
both employers and employees regarding the viability of paternity
leave in Namibia.
Defined as a period of leave from employment that allows fathers
to bond with the mother and newborn child, paternity leave can be
an important mechanism to encourage fathers to take greater
responsibility in their children's upbringing.
But is Namibia prepared for paternity leave? As part of its
submission, the LAC proposed a number of questions that may shed
some light on this issue:Would fathers use paternity leave to help
take care of a child? Should paternity leave be limited to men who
have named themselves as fathers on the birth certificate? Should
paternity leave be limited to fathers who are sharing a common
household with the mother and child? Should some type of
verification be required to show that the father in question did in
fact spend time bonding with the mother and child? How long should
paternity leave be? And finally, should paternity leave be paid or
unpaid? Throughout the world, paternity leave has been recognized
as an important means of reconciling the professional and familial
lives of workers.
As one African trade union notes, "while it is ordained by
nature that only women can bear children, there is nothing natural
about the fact that in many societies women are expected to bear
the responsibility of raising children alone."
(National Union of Eritrean Workers:General Conditions of
Eritrean Women factory workers.
Addis Ababa, 1995.) But paternity leave policies must also be
considered from the perspective of the best interest of the
child.
No stage of development is more important than the first three
years, and granting fathers the right to paternity leave may
empower them to be more active in the care and nurturing of a child
at this crucial stage.
Paternity leave is addressed by the International Labor
Organization's Workers with Family Responsibilities Recommendation,
which provides that both mothers and fathers should have the right
to parental leave in order to care for their children.
However, it does not prescribe any specific guidelines for
implementation, and the duration and conditions of paternity leave
are left to each country.
Many ILO Member States do have legislative provisions governing
parental leave.
Some Nordic countries even offer subsidized childcare services
and compensation that is approximate to the actual loss of
earnings.
In the United States, the federal Family Medical Leave Act
(FMLA) is completely gender neutral, and grants employees the right
to 12 weeks of unpaid leave for family and medical reasons,
including the birth of a child.
However, in all countries with the right to parental leave,
there are certain legal conditions that must be met.
Generally employees must have worked between six and twelve
months in order to be eligible, and some countries do not require
that the employer provide any financial remuneration.
Also, depending on the country, there are different safeguards
against dismissal.
In Africa, countries such as Algeria, the Democratic Republic of
Congo and Egypt provide three days of paternity leave per
annum.
Ten days leave is provided for "family events" in Benin,
Cameroon, Central African Republic, Chad, Comoros, Djibouti, Gabon,
Madagascar, Mali, Mauritania, and Togo.
South Africa does not have a law requiring paternity leave, but
some collective bargaining agreements have included paternity leave
benefits.
In Namibia, a small survey of businesses and organizations was
conducted by the Legal Assistance Center, revealing that paternity
leave policies are virtually nonexistent.
Nonetheless, Article 10(2) of the Namibian Constitution provides
that "no person may be discriminated against on the grounds of sex,
race, colour, ethnic origin, religion, creed, or social or economic
status."
Thus, granting disproportionate parental leave benefits on the
basis of sex may constitute a constitutional violation.
Also, Article 15(1) of the Namibian Constitution, which
parallels the UN Convention on the Rights of the Child, provides
that "children shall have ... as far as possible the right to know
and be cared for by their parents."
This provision makes no distinction between mother and father,
but rather employs the term "parents."
Because parental leave is highly consistent with the care of
children, the failure to provide adequate leave for both mothers
and fathers may violate this provision.
The question still remains, however, whether including paternity
leave benefits in the new Labour Bill is a positive step forward
for Namibia.
Although there are a number of benefits, including the potential
to empower fathers to become more active in their children's lives,
there are also economic costs.
For every day that a father is not working, the Namibian economy
loses a day of his productive potential.
Further, some may argue that annual leave provides a sufficient
number of days for fathers to take leave to care for their
children.
But others would argue that annual leave is intended to provide
time for employees to rest, and should not be compromised by
forcing fathers to use these days for the demanding work of
attending to a newborn child.
Ultimately, it is up to Namibians to decided whether the
benefits of paternity leave outweigh the costs.
Even if it is decided that the right to paternity leave should
be included in the new bill, there still remain important questions
about the specific duration and conditions of this leave.
It is therefore important for both Namibian workers and their
employers to discuss these questions, and ultimately do what they
think is in the best interests of Namibia's future -- its
children.
* Matthew Burnett is a third year law student at Seattle
University School of Law, where he is concentrating jointly in
international and poverty law.
He is currently an intern with the Gender Research and Advocacy
Project at the Legal Assistance Centre.
As part of its ongoing work to promote gender equality in Namibia,
the Legal Assistance Centre (LAC) recently made a submission
regarding the new Labour Bill to the National Council Standing
Committee on Constitutional and Legal Affairs.Included in these
submissions is a proposal for public input on the question of
paternity leave.The LAC proposed that the Committee investigate
whether there is any demand for this type of leave, and that it get
feedback from both employers and employees regarding the viability
of paternity leave in Namibia.Defined as a period of leave from
employment that allows fathers to bond with the mother and newborn
child, paternity leave can be an important mechanism to encourage
fathers to take greater responsibility in their children's
upbringing.But is Namibia prepared for paternity leave? As part of
its submission, the LAC proposed a number of questions that may
shed some light on this issue:Would fathers use paternity leave to
help take care of a child? Should paternity leave be limited to men
who have named themselves as fathers on the birth certificate?
Should paternity leave be limited to fathers who are sharing a
common household with the mother and child? Should some type of
verification be required to show that the father in question did in
fact spend time bonding with the mother and child? How long should
paternity leave be? And finally, should paternity leave be paid or
unpaid? Throughout the world, paternity leave has been recognized
as an important means of reconciling the professional and familial
lives of workers.As one African trade union notes, "while it is
ordained by nature that only women can bear children, there is
nothing natural about the fact that in many societies women are
expected to bear the responsibility of raising children
alone."(National Union of Eritrean Workers:General Conditions of
Eritrean Women factory workers.Addis Ababa, 1995.) But paternity
leave policies must also be considered from the perspective of the
best interest of the child.No stage of development is more
important than the first three years, and granting fathers the
right to paternity leave may empower them to be more active in the
care and nurturing of a child at this crucial stage.Paternity leave
is addressed by the International Labor Organization's Workers with
Family Responsibilities Recommendation, which provides that both
mothers and fathers should have the right to parental leave in
order to care for their children.However, it does not prescribe any
specific guidelines for implementation, and the duration and
conditions of paternity leave are left to each country.Many ILO
Member States do have legislative provisions governing parental
leave.Some Nordic countries even offer subsidized childcare
services and compensation that is approximate to the actual loss of
earnings.In the United States, the federal Family Medical Leave Act
(FMLA) is completely gender neutral, and grants employees the right
to 12 weeks of unpaid leave for family and medical reasons,
including the birth of a child.However, in all countries with the
right to parental leave, there are certain legal conditions that
must be met.Generally employees must have worked between six and
twelve months in order to be eligible, and some countries do not
require that the employer provide any financial remuneration.Also,
depending on the country, there are different safeguards against
dismissal.In Africa, countries such as Algeria, the Democratic
Republic of Congo and Egypt provide three days of paternity leave
per annum.Ten days leave is provided for "family events" in Benin,
Cameroon, Central African Republic, Chad, Comoros, Djibouti, Gabon,
Madagascar, Mali, Mauritania, and Togo.South Africa does not have a
law requiring paternity leave, but some collective bargaining
agreements have included paternity leave benefits.In Namibia, a
small survey of businesses and organizations was conducted by the
Legal Assistance Center, revealing that paternity leave policies
are virtually nonexistent.Nonetheless, Article 10(2) of the
Namibian Constitution provides that "no person may be discriminated
against on the grounds of sex, race, colour, ethnic origin,
religion, creed, or social or economic status."Thus, granting
disproportionate parental leave benefits on the basis of sex may
constitute a constitutional violation.Also, Article 15(1) of the
Namibian Constitution, which parallels the UN Convention on the
Rights of the Child, provides that "children shall have ... as far
as possible the right to know and be cared for by their
parents."This provision makes no distinction between mother and
father, but rather employs the term "parents."Because parental
leave is highly consistent with the care of children, the failure
to provide adequate leave for both mothers and fathers may violate
this provision.The question still remains, however, whether
including paternity leave benefits in the new Labour Bill is a
positive step forward for Namibia.Although there are a number of
benefits, including the potential to empower fathers to become more
active in their children's lives, there are also economic costs.For
every day that a father is not working, the Namibian economy loses
a day of his productive potential.Further, some may argue that
annual leave provides a sufficient number of days for fathers to
take leave to care for their children.But others would argue that
annual leave is intended to provide time for employees to rest, and
should not be compromised by forcing fathers to use these days for
the demanding work of attending to a newborn child.Ultimately, it
is up to Namibians to decided whether the benefits of paternity
leave outweigh the costs.Even if it is decided that the right to
paternity leave should be included in the new bill, there still
remain important questions about the specific duration and
conditions of this leave.It is therefore important for both
Namibian workers and their employers to discuss these questions,
and ultimately do what they think is in the best interests of
Namibia's future -- its children. * Matthew Burnett is a third year
law student at Seattle University School of Law, where he is
concentrating jointly in international and poverty law.He is
currently an intern with the Gender Research and Advocacy Project
at the Legal Assistance Centre.