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Gender, Development,

and Trade
Edited by Maree Keating
''wJI^BP

Oxfam Focus on Gender


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Front cover: Nioka Abbott, a banana farmer and Chair of the Langley Park Fair Trade Group,
Windward Islands. Changes in supermarket policies threaten their livelihoods.
Photo: Abigail Hadeed/Oxfam

Oxfam GB 2004
Published by Oxfam GB, 274 Banbury Road, Oxford OX2 7DZ, UK
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This book converted to digital file in 2010


Contents
Editorial 2
Maree Keating
'Good jobs' and hidden costs: women workers documenting the price of precarious
employment 12
Thalia Kidder and Kate Raworth
Global trade and home work: closing the divide 22
Annie Delaney
Women workers and precarious employment in Shenzhen Special Economic Zone,
China 29
Pun Ngai
Being a female entrepreneur in Botswana: cultures, values, strategies for success 37
Peggy Ntseane
Look FIRST from a gender perspective: NAFTA and the FTAA 44
Marceline White
Are trade agreements with the EU beneficial to women in Africa, the Caribbean, and
the Pacific? 53
Karin Ulmer
TRIPS and biodiversity: a gender perspective 58
Suman Sahai
Women, trade, and migration 66
Don Flynn and Eleonore Kofman
Gender, the Doha Development Agenda, and the post-Cancun trade negotiations 73
Manama Williams
Corporate responsibility and women's employment: the case of cashew nuts 82
Nazneen Kanji
Resources 88
Compiled by Erin Leigh
Publications 88
Journals 91
Electronic resources 91
Tools and websites 93
Organisations 94
Editorial
Maree Keating

As consumers and workers we are all Over the past two decades, international
intimately familiar with the everyday notions finance institutions (IFIs) have encouraged
of trade that govern our lives. And yet, the developing countries to accept economic
rules and agreements that comprise the measures such as structural adjustment
global 'free trade' system seem remote to policies (SAPs), to assist them to become part
most of us. It is not just liberal economists of the global economy. These measures
who find it difficult to use a gendered require them, among other things, to pare
analysis of trade. The issues and the debates down domestic expenditure on social welfare,
are complex and take time to consider. Yet publicly funded health and education services,
the 'free trade' system is a gender-related water and fuel, and focus on increasing
issue for at least two immediately obvious national income through export production,
reasons. First, it relies on gender inequalities fee collection for service provision, or
in order to fuel the engines of production privatisation.
with a supply of cheap, exploitable labour. The global trading system assumes the
Second, trade rules and agreements affect the possibility of a level playing field. It relies on
way in which national priorities are set, and the notion of a common global economy,
they have an impact on gender equality. from which all can equally benefit by following
In meeting the diverse demands of the same rules. Increasingly since the 1980s,
populations, governments, and companies the rules of trade have promoted the easy or
everywhere for manufactured goods, agri- 'free' movement of goods and services across
cultural produce, raw materials, technology, national borders, to facilitate global supply.
services, knowledge, and medicines, the At the present time, the growth of this free
current trade system divides the world into movement, the central concept of trade
global consumers and global suppliers of liberalisation, is a process reliant on, and
common goods and services. Individual reinforcing of, unequal gender roles. It is a
nations are compelled to adopt a 'liberal' process capable of having gendered impacts
economic model in order to be part of the on human and social development. The
trading regime. This model requires countries editors of Gender and Development Volume 11
to prioritise the development of export No. 1 (2003: 5), on the theme of 'Women
products which can compete globally, rather Reinventing Globalisation', noted that, while
than focus on local self-sufficiency measures 'the WTO is supposed to create equal
which promote maximum employment, or opportunities for all economies in the global
human-development opportunities for the market place, in fact "free trade" is a misnomer'.
population. The global trade system incurs costs. The
Editorial

authors in this current collection help us to Current negotiations in North-South


identify who carries those costs, and how. trade agreements put pressure on developing
countries to surrender to the interests of the
North, in ways detrimental to the most
How the WTO works vulnerable populations. Women, routinely
The World Trade Organisation was at the bottom of the social and economic
established, with around 150 member states, chain, are the most vulnerable to these shifts
in 1995, as a result of the Uruguay round of in policy and practice, as Marceline White
trade negotiations, held under the General and others explain here. Trade partners are
Agreement on Tariffs and Trade (GATT). increasingly obliged to develop export
The purpose of the WTO is to regulate, specialities which meet consumer demand
administer, and arbitrate on the rules of at the cheapest price, and in the fastest time.
international trade. Member states agree They are also increasingly expected to allow
unanimously to most decisions, legislating the import of foreign goods and services,
them afterwards in their parliaments. Trade which can be more efficiently provided by
decisions are made in a number of forums, more powerful trade partners. In order to
but mainly in the Ministerial meetings, held 'free' the wholesale movement of goods and
every two years. Few women attend these services, trade 'liberalisation' measures can
forums, or have a role in the decision- be imposed on the weaker parties. In effect
making processes. The rules of the WTO work this means that national policies, tariffs, or
in the interests of a global trade community, protections that are perceived to inhibit the
although at the Doha Ministerial meeting in free flow of trade into or out of a country can
2001 recognition of the needs and priorities be overruled.
of developing countries were set out in a In effect, there are many ways in which
range of issues relating to special and differ- WTO rules protect Northern markets and
ential treatment. The failure of Northern jobs, while making it impossible for Southern
countries, however, to respect the interests markets to protect theirs. Williams describes
of the South by agreeing to special and how 'competition policy', currently under
differential treatment was precisely the discussion, could force poor nations to
cause of the breakdown of the negotiations surrender local contracts to foreign companies,
in the Cancun Ministerial meeting in 2003. to the detriment of local businesses, many of
Mariama Williams explains what happened which are owned by women. Flynn and
in her contribution to this collection. Kofman describe how WTO rules favour the
WTO rules are enshrined in trade North in the regulation of movement of
agreements between nations or blocks of persons across borders for the purpose of
nations, and breaches are dealt with by WTO work, to the detriment of women workers in
panels. This makes the WTO a potent global the South.
instrument, with more power to enforce The range of goods and services covered
global standards than, say, the United Nations. by WTO trade rules has, over the past few
The lack of women representatives at every years, expanded from agricultural and
level of decision making within the WTO is a manufactured goods to include patents on
critical issue, given the stated aim in US and intellectual property, such as new plant
EU trade policy to 'mainstream' gender breeds, medicinal combinations, or traditional
throughout trade agreements. If it is not designs, as well as the movement of workers
possible to address women's interests at the across borders, and basic service provision
highest levels of trade negotiations, it is hard including water, health, and education
to see how they can be addressed at more services. This expansion of terms introduces
pressurised levels, involving resource-poor new, gendered consequences for the South.
countries, further down the chain. Suman Sahai illustrates these consequences
by describing the impact of rules on the weakening of protections for local
patenting of plant breeds and medicinal populations, and particularly against the
knowledge in Asia. interests of women workers.

The rules of trade are not Trade and gender equality


neutral There is a 'chorus of critique' (Van Staveren,
Every two years, the trade ministers from 2002) from NGOs, academics, and govern-
WTO member states meet to discuss and ments concerning the pace of economic
agree on rules of trade at the Ministerial globalisation and its impacts on human
meetings. The terms of trade are currently rights, labour standards, biodiversity,
weighted in favour of the developed environment, and gender equality. Inequal-
countries, which are seeking ever greater ities between nation states and the WTO,
access to Southern markets for their between buyers and suppliers in trade
subsidised goods and value-added services. agreements, and between men and women
Over the past decade, a rapid growth in in the workplace have been key deter-
world trade has been made possible through minants of the beneficiaries of the current
changes in technology, transportation, tele- trade regime. There has been, as contributor
communications, and the transfer of goods. Mariama Williams notes, a two-way
The success of individuals, companies, and connection between gender and trade
nations during the course of these changes liberalisation. Trade liberalisation can
has relied on their capacity to predict increase or decrease gender inequality, and
consumer demand, relocate, and diversify gender inequality can determine the success
or change products at short notice. or failure of the trade-liberalisation project.
Workforce 'flexibility' has become the Liberalisation policies have had negative
foundation for success in meeting these impacts on poor people all over the world,
demands. To stay competitive, companies and women have carried the greatest burden
need to be able to increase or reduce the size of these impacts. This, in turn, can add to
of their workforces and the rates of pay, gender discrimination and inequality. In
depending on constantly changing profit many countries, the cost of living has
margins and pressure from buyers further increased and social spending has decreased,
up the chain. If they cannot succeed in this, resulting in more unpaid work for women
they run the risk of losing their global niche. in the provision of family health care,
Women are the main recruits to new forms education, water collection, and transport of
of casual work in the manufacturing industry household goods. Access to basic services
worldwide, and Annie Delaney, Thalia has declined, as have nutritional standards,
Kidder, and Kate Raworth describe the with particularly negative impacts on
negative impact of flexibility requirements women and girls.
on them. Instead of benefiting from trade
Changes in the way in which trade liberalisation, rural women have often
agreements are fixed have affected every lacked the resources necessary to adjust to
aspect of national development, including changes in export production and have thus
the positions of women and men in relation lost livelihoods. Their opportunities to
to it. Governments have a vested interest in diversify into occupations or markets
helping their companies stay competitive. requiring land, mobility, or resources are
Legislation and policies which interfere with often severely limited, due to the social
free trade and flexible work arrangements restrictions and the discrimination that
are modified, often amounting to the women face in society. Urban women, on the
Editorial

other hand, have in many cases gained will worsen in many countries unless some
precarious, poorly paid jobs in factories, quotas with the USA are maintained.
with conditions which compromise the care
that they can give themselves and their
families. This incurs a range of social costs, Articles in this collection
which girls and women often have to pay. The articles collected here deal with two
WTO Ministerial meetings have become overarching concerns. First, in what ways do
forums at which civil society organisations gender and other social inequalities work
and governments of developing nations together to support and facilitate the
alike insist that these impacts be taken into unsustainable 'race to the bottom' which
consideration. In preparation for these and now characterises the global supply system?
other trade-negotiation forums, gender and And second, is it possible for a global trading
trade advocates are undertaking a re- system to work as part of an international
examination of the impacts of trade, through regime of rules and standards that could
the use of gender-differentiated research reduce poverty and simultaneously increase
indicators and tools. equality and opportunities for women?
The evidence suggests that any economic In addressing these and other related
benefits of liberalisation measures to poor questions, the contributors have pointed us
countries so far have heavily relied on towards research and action which is being
preferential treatment by Northern partners. taken by unions, governments, trade
This has taken the form of special arrange- negotiators, corporations, academics, and
ments, where export goods from poor NGOs. If trade agreements are to be
countries have had access to markets in compatible with broader social and gender
Northern countries, without Southern equity goals in the pursuit of sustainable
countries having to return trade privileges. national development, Marzia Fontana
As discussed by Karin Ulmer, economic (Fontana, Joekes, Masika, 1998: 27) reminds
partnership agreements, currently under re- us that 'the challenge is... to identify and
negotiation between the EU and Africa, promote the conditions and patterns of trade
propose the introduction of reciprocal trade most beneficial to women and likely to
rights, which will allow the free flow of extend their gains into the longer term'.
subsidised EU agricultural products into This collection includes contributions
Africa. This brings with it a high risk of from academics, policy advisers, and trade-
overwhelming local suppliers and producers, union campaigners, who discuss how
and destroying local livelihoods in vulnerable current trends in international trade regimes
sectors, where women predominate. affect the security, status, income, and self-
The Multifibre Agreement between the esteem of women. Whether in cross-border
USA and several textile-producing countries migration-for-work schemes in The
in Asia provides an example of the Philippines, rural communities of tribal
importance of 'special treatment'. This India, clothing factories in China, home
agreement has provided a set annual quota work in Australia, food processing in
for textiles entering the USA from Asia, thus Mozambique, or cut flower and maize
providing Southern countries with a regular, sectors in Zimbabwe, women and their
guaranteed market for their goods and labour are intrinsic to the scaling up of global
corresponding employment for thousands trade.
of women. With this agreement now ending, Our writers discuss the application of
and with China taking over much of the new evidence, tools, and strategies in
global production in textiles, the economic organising workers, lobbying companies,
situation for poor women, who have been and influencing governments and trade
dependent on the new manufacturing boom, decision makers to consider gendered
impacts of trade. We read about successful care leads to lower life expectancy, overall
union campaigns, emerging corporate GDP is ultimately reduced.
models based on long-term development Due to their primary role as care-givers,
partnerships, and successful lobbying of the women often seek flexible economic
US government following the application of pursuits, such as small trade or casual work.
gender-sensitive trade-impact assessments. Peggy Ntseane's account of life for small
Contributors tell us that we can quantify the businesswomen demonstrates that, while
hidden costs of global supply chains to small business is a niche which attracts a
women workers, and use research into the huge number of poor Botswana women,
gendered impact of trade agreements to survival is made difficult for business-
exert a positive influence on policy in the women by gender discrimination, and very
North. few of those who set up a business ever
At the national level we learn how succeed in expanding it. In addition, gender
women entrepreneurs are surviving the roles bind women to particular ways of
competition in Botswana, and how the working with each other for survival.
precarious labour regime under which In a traditional society such as Botswana,
women work in Shenzhen, China, is with strong gender-role segregation,
facilitated by the global 'race to the bottom',maintenance of family, social, and business
as well as other local factors. And at the networks is an important ingredient of
global level we read about directions for women's survival in business. While a
strategy of collaboration ensures that
further research in relation to the 2005 WTO
extended families profit from women's
Ministerial meeting, and the gender-related
business involvement, this same strategy
dimensions of controversial regulations due
often militates against competitive business
for discussion at that forum.
outcomes for women. Ntseane's article
raises questions about the appropriateness
Women workers fuel of trade competitiveness as a strategy which
growth in global trade and can benefit poor women in small and
carry the cost medium-sized enterprises.
Increasingly casualised work conditions,
Economic research can tell us seemingly where companies offer no contracts, set
contradictory things about the relationship hours, overtime payments, or other conditions,
between gender inequality and economic have gone hand in hand with the
development, depending on the indicators 'feminisation' of manufacturing industries.
used. Seguino, in her cross-country research, Several contributors point out the growing
reveals that in countries experiencing convergence of women's social and
industrial growth, the higher the difference economic vulnerability and industry's
between men and women's wages, the needs forflexibleworkers in the new global
higher the Gross Domestic Product. She trade chains. Worldwide, women pre-
concludes that gender inequality can be dominate in the expanding areas of home
construed as good for economic growth, work and informalised factory work
because of the low level of women's wages because they are often bound by their
(Van Stevern, 2002). But economic growth, domestic obligations to take work that is
defined within short-term financial offered close to home. Others, who can
parameters, goes against the desirable social escape domestic responsibilities, work as
outcomes in national development planning, semi-skilled and unskilled migrant
which in turn affects overall affluence. Other labourers, fulfilling the need for domestic
research shows, for instance, that where labour in the affluent North, or working in
gender inequality in education and health special economic zonestoproduce goods for
Editorial

export. Poor women work in some of the standards for home workers, unions in
world's most precarious migrant jobs, often various countries, including Australia, are
temporarily fuelling the 'engine for working with both government and
economic growth' back home by providing a corporate parties to induce companies to
cheap and flexible labour force elsewhere, meet decent standards for home workers.
and ensuring that money remitted home is Kidder and Raworth argue in their article
spent wisely, on health care and education that the hidden costs that women incur in
for their families. these new, casualised jobs far outweigh the
Research outlined in this issue shows benefits gained. They explain how the
how gender biases in workplaces still weakening of government labour legislation
characterise women as more 'suited to' and enforcement, combined with increasing
unskilled work. Nazneen Kanji's article demands from buyers and correlated
points out that in cashew-nut processing corporate practices, and gender discrim-
factories in Mozambique, women work ination in the broader society, work together
longer hours and earn less than men, as men to create an exploitative and precarious
predominate in the higher-paid areas of working life for women in the global trade
work. Even in companies experimenting chain. They go further, to suggest the ways
with providing better conditions and work in which society carries the costs, while
practices, conventional assumptions about companies benefit from exploitative work
women's capacities exclude them from practices. Their article illustrates the ways in
better-paid work as well as representation which we can actually count long-term costs
higher up the chain. Due to the combination to society in terms of lower health standards
of gender discrimination and their domestic and fragmented social networks, unpaid
responsibilities, women are often forced to work in the home, gender inequality, and
accept the most insecure jobs, in workplaces overall economic insecurity. They present a
offering little or no bargaining space and bad matrix which, they claim, can ultimately be
conditions. Annie Delaney describes the used in 'estimating the future public health
global trend for women to fill the ranks of the costs of failing to enforce laws on health and
growing informalised labour force as home safety at work today, or by estimating the
workers, fruit pickers, construction workers, government revenue forgone - and the
call-centre workers, street vendors, and health or education it could have paid for -
casual factory workers. She describes how by providing tax holidays to foreign
the invisibility and lack of legal and union investors today'.
protection for home workers makes them
Pun Ngai describes the multiple trends
particularly vulnerable to unethical corporate
that have created a system of precarious and
practices. The ease with which workers can
unprotected work for Chinese women.
be recruited and fired, she says, is a vital
China's membership of the WTO has impli-
element of companies' ability to maintain
cations for workers, buyers, and sellers
global competitiveness, concluding that
worldwide, because of its size and its
'The redefinition of a worker's relationship
capacity to produce a huge volume of the
to the factory is a critical component to
cheap manufactured goods required by the
attracting and maintaining foreign customers.'
world's markets. It is easy to concentrate on
Delaney agrees with Kidder and the impact of China on the trade system,
Raworth that one way of developing better rather than the other way around.
corporate practice is for unions and Pun Ngai's piece takes us into the
government to work together in setting and Shenzhen special economic zone, where a
enforcing basic standards for workers. In three-tiered set of practices creates a new,
working towards a greater acceptance of the precarious employment system for Chinese
Homeworker Code, which sets minimum women. On the one level there are the
practices of international buyers, which in trade discussions, environmental and
provide incentives to increase production labour standards as well as human rights
and profit margins but do not seriously and gender equality are increasingly
apply codes to worker conditions in supplier situated within the ambit of global trade
companies. Second, national and provincial negotiations. Global trade rules and
Chinese laws do not provide the most basic agreements which directly or indirectly
citizenship rights for non-resident rural require trade partners to contravene socially
migrant workers in transnational companies. conscious national legislation or policy, and
Chinese subcontractors benefit from these international conventions, can erode
legally approved conditions and provide women's rights.
exploitative conditions for workers, relying In the analysis presented by Suman
on informal worker networks to take up the Sahai, for example, current trade agree-
recruitment, discipline, and training of ments on plant varieties and biological
workers. Workers without citizenship rights materials run the risk of contravening inter-
in the city, and who are dependent on national conventions and treaties which
informal family networks to survive, are not acknowledge the central role of women in
in a position to organise or challenge the preserving plant diversity, as well as
status quo. Finally, underpinning the whole threatening national policies protecting
system is the ready supply of willing female natural resources, the environment, and
workers. Changing gender relations in rural indigenous people's rights. Where plant
China provide an exploitable, young female breeders are granted individual rights to
workforce, whose members are eager to earn patent and own plant varieties, this
money and increase their bargaining power contravenes global agreements which
in the years of 'freedom' before marriage. acknowledge community ownership of
biological material and collective benefit-
sharing from biodiversity. In many
WTO and gender equality agreements, plant breeding must fit in with
The Convention on the Elimination of All WTO criteria, set out in trade agreements,
Forms of Discrimination Against Women which Southern farmers can rarely meet. As
(CEDAW), the International Labour Organi- women in Asia are primarily responsible for
sation, the Convention on Biological selection and breeding of plant stock, their
Diversity, as well as other well-supported roles and livelihoods are directly affected by
international instruments, set out rules on such trade agreements.
how governments must protect vulnerable White takes up similar points in her
people and environments. While they are discussion of the impact of free trade
not enforceable in the way that trade agreements between the USA and Mexico.
agreements are, they can help to apply She explains that, despite strong national
pressure on signatories to respect basic regulations in Mexico, the constitutional
standards. rights of indigenous peoples in Mexico are
Marceline White reminds us in her article not recognised under the North American
that 'As the purview of trade agreements has Free Trade Agreement (NAFTA). This
expanded, so too, have the concerns of civil threatens indigenous women's rights over
society organisations. Trade agreements intellectual property, such as potentially
now affect areas that once seemed far lucrative traditional designs. And, despite
removed, such as environmental protection, strong national labour laws, trade sanctions
labour rights and working conditions, cannot be used by Mexico in response to
sustainable development, and gender equality'. exploitation or sexual harassment of women
While gender-differentiated dimensions of workers employed by foreign companies.
economic development are still not addressed Even though the law protects Mexican
Editorial

women workers from exploitative treatment, gender-neutral trade issues. One example is
they do not have recourse to this law when the issue of procurement. Currently under
working for transnational companies in debate in the WTO is regulation of the
Mexico's Export Processing Zones. documentation and other standards that
companies use in the procurement of
equipment. Improvements in procurement
Should WTO have the systems are costly, and if companies in
power? developing countries were unable to meet
Several of the authors question whether the these standards, governments would not be
WTO should be able to determine rules permitted to do business with them. This
governing such a wide range of issues. One would have a devastating impact on local
of the crucial questions arising from this businesses in developing countries and open
discussion is whether it is desirable for the up the developing world to companies from
WTO to have the power to enforce global wealthier countries. WTO regulations that
standards on all social, labour, and environ- enforce high procurement standards on local
mental issues, as they intersect with the companies would automatically exclude
transfer of goods and services worldwide. small to medium-sized enterprise (SME)
While some argue that this would give too operators in many developing countries,
much power to the WTO, which should deal previously receiving preferential treatment
solely with trade matters, others see it as a on government purchases. This would have
useful strategy for enforcing standards, a direct impact on women, who predominate
including those on gender discrimination in small to medium-sized enterprises.
and labour conditions, through binding Williams explains how the national expense
agreements. This will be a key issue for associated with implementing procurement
campaigners over the next few years, and policies can also force poor nations to shave
particularly in the lead-up to the next further costs from their domestic budgets,
Ministerial meeting in 2005. resulting in a reduced overall basic services
The controversial trade rules under expenditure, and ultimately leading to
negotiation in the current WTO talks have heavier burdens for women in the unpaid
implications for gender equality. For example, areas of domestic care.
discussions covering cross-border move - It is not just rules determined at the WTO
ment of persons for work focus mainly on which can influence gender equality, but
professionals, most likely to be moving from also clauses within cross-regional trade
a developed to a developing country for agreements. Ulmer argues that, if the
purposes of highly paid technical work. economic partnership agreements between
Developed countries do not acknowledge EU and the African, Caribbean, and Pacific
the high demand in the North for semi- states are renegotiated to allow subsidised
skilled female domestic workers from the goods from the EU to flood local markets, it
South, or the importance of these remittances is very likely that local producers will be
to Southern economies. As noted by Flynn unable to compete, and that women in a
and Kofman, the ensuing lack of formal range of sectors will be hit particularly hard
travel and employment agreements for by the drop in employment and income.
semi-skilled and unskilled workers increases Research from Zimbabwe already shows the
the vulnerability of women migrants to heavy negative impact of such agreements
trafficking networks and exploitation. on women working in the cut flower, sugar,
Mariama Williams provides a summary beef, and cereal sectors. Zimbabwean
of the key issues for discussion in the women who currently enjoy employment
WTO since 2001, and conveys the gender through lively trade with other African
implications of what can appear to be countries will lose these markets to the EU,
10

unless regional countries continue to give Ulmer's proposition is that regional


preferential treatment to each other through alliances between Southern states offer a
regional alliances. crucial opportunity to developing countries
to stand their ground in trade bargaining. It
is in the interests of women in the South that
Future directions on gender their livelihoods, operating at the levels of
and trade local and cross-border trade, are protected.
All of the authors show how research and Regional agreements between Southern
action can be used to encourage a re- states could provide this protection, and add
thinking of trade practices that are a regional voice to the negotiating table,
damaging to women. Gender-sensitive which is currently dominated by the
research parameters, as well as tools for interests of developed countries.
determining overall gains and losses for Advocates of gender equality in trade are
women and men, are now available to trade preparing inputs to the 2005 WTO Ministerial
decision makers. Perhaps the two most in Hong Kong, and are developing policy
interesting tools under discussion in this positions on rules and agreements governing
issue are the matrix for counting the cost of issues such as the position of women
precarious work, described by Kidder and migrant workers and intellectual property
Raworth, and the Trade Impact Review rights, as well as agricultural agreements
(TIR) framework described by White. While and other issues as they affect women,
the matrix of hidden costs has many women's rights, and gender relations.
potential applications in campaigns aimed The contributors to this volume inform
at companies and workers, the TIR has us of strategies that are capable of challenging
already been applied in the Mexican context, the notion that 'free' trade is fair and gender-
and the results successfully used by the neutral. Alliances are being built between
Women's Edge Coalition to influence US unions and women working as casual
trade policy. labourers, home workers, and factory
The 'mapping project' described in workers in global chains. Consumer demands
Delaney's article demonstrates the value of for non-exploitative practices are influencing
developing global alliances between factory corporate standards in the North. Govern-
workers and home workers in the same ments are responding to lobbying on codes
supply chain, and she also demonstrates of conduct and trade-impact assessments.
how global campaigns can make potent use And models of better practice in business
of existing labour codes to pressure are demonstrating that fair and equitable
governments and companies to observe corporate practice can work for business and
minimum standards. workers alike.
Research done by organisations such as However, more work needs to be done
APRODEV on trade-agreement impacts in on trade agreements to ensure that they
Zimbabwe and by IIED on the impacts of benefit women and men equally. The authors
trade liberalisation in Mozambique are remind us that it is important to exert
shown to be of use in regional trade forums leverage at all the points in the global chain,
to assist governments and civil society to so that profits are not being made by brand-
develop arguments for gender-aware trade name companies at the expense of women
agreements. Many governments have already workers. Further research is needed in many
developed their own alternatives to the areas, including the gender-related effects in
limited options available on biological the most vulnerable sectors of international
patenting, and other issues, in response to trade. Further research could examine the
the Northern bias in trade discussions. correlation between aspects of trade policy
Editorial 11

and positive changes in the bases for References


women's disadvantage, or gender inequities
in the divisions of labour. Using this Fontana M., S. Joekes, and R. Masika (1998)
research, the EU and the USA may be in a 'Global Trade Expansion and
better position to put their gender- Liberalisation: Gender Issues and
mainstreaming policies into practice in trade Impacts', BRIDGE, University of Sussex,
agreements. Institute of Development Studies.
At the level of the WTO, where trade van Staveren, I. (2002) 'Towards
rules are determined, the question remains: Monitoring Mutual Trade - Gender
where does a trade rule start and stop, and Links', The Hague: Institute of Social
where does it interconnect with rules Studies.
governing human rights? For, if rules made
in the WTO can and do have negative
impacts on gender equality, it is incumbent
upon trade-policy decision makers to find
ways to fully address these potential impacts
at every point of trade negotiations.
12

'Good jobs' and hidden costs:


women workers documenting the price
of precarious employment
Thalia Kidder and Kate Raworth1
This article describes the precarious terms and conditions of employment experienced by millions of
women working in global supply chains in the food and garment industries, and describes the main
forces leading to that precariousness. It then presents a typology of costs and determinants of
precarious employment, in the form of a matrix, which serves as an analytical framework for
documenting the hidden costs borne by women workers. Thirdly, the article presents some of the
approaches used by Oxfam International and partner organisations to make calculations of those
costs, including the challenges encountered. Lastly, the article suggests several ways in which the
matrix could be used and some ideas for further research.

It has been frequently claimed that women the sourcing and purchasing practices of
workers are among the winners of retailers who demand low-cost, fast, and
globalisation. 'In praise of cheap labour: bad flexible production in their supply chains,
jobs at bad wages are better than no jobs at all' and government policies and practices
wrote the economist Paul Krugman, in aiming to make the labour force more
response to critiques of employment terms 'flexible' to meet these retailers' needs.
and conditions in garment factories around As part of an ongoing international
the world (Krugman 1997, 1). Employed at campaign to 'Make Trade Fair', Oxfam
the end of chains that supply fresh produce International undertook research with partner
and garments to major retailers, many are organisations in 12 countries as a basis for
earning cash incomes for the first time and campaigning for the rights of workers
often earning more than they would in employed in global fresh-produce and
alternative employment opportunities. garment supply chains. More than 1,300
But there are often hidden costs for workers - mostly women - were interviewed,
women who are employed in these labour- as well as around 130 farm and factory
intensive trading sectors, because they are managers, 50 supply-chain agents, 50 NGO
employed in precarious ways. Many are and government officials, and 17 retail
repeatedly hired on short-term contracts, company representatives.
paid by piece rate, lack social security or The aim was to produce evidence of the
employment benefits, face long and erratic costs borne by workers as a result of retailers'
hours, and are at risk of sudden job loss. sourcing and purchasing practices, and
Poor management or gender relations governments' labour policies and practices.
have typically been blamed for precarious In particular, we aimed to show the costs not
conditions; however, two other significant only of poor working conditions but of
factors are shaping employment conditions: insecure terms of employment which are
'Good jobs' and hidden costs 13

shaped by the above factors. The motivation are women (Dolan and Sorby 2003; Oxfam
to make these costs explicit was threefold: International 2004).
1 To reveal how workers are bearing the Women's over-representation in labour-
costs of being employed in supply chains intensive industries, and in the more
which demand greater speed and precarious jobs within them, can be
flexibility, and how government policies attributed to several factors. First, some
weaken, or fail to enforce, national labour factory and farm managers adhere to
laws. Women workers effectively gender-stereotyped ideas that women
provide a subsidy to production under employees are more dextrous for this 'hand
this business model, and pay the price of work', more 'flexible' about performing
government trade strategies that rely on endless repetitive and unskilled tasks, or
precarious jobs. more 'docile' and therefore less likely to
make demands.
2 To provide policy makers with a fuller
Second, more women than men may
account of the monetary and non-
apply for precarious jobs: women's family
monetary costs incurred by workers as a
responsibilities may leave them unable to
result of flexible labour-market policies
turn down daily or temporary jobs, while
and practices - in the same way that
men may travel in search of better
feminist economics has made
opportunities. Likewise, seasonal or home
calculations of the value of unpaid work,
work may produce fewer conflicts with
and environmental economics has
women's family duties.
estimated the costs of environmental
degradation. Third, the myth persists that women's
jobs provide 'extra' income, perpetuating
3 To provide women workers' the rationale that it is less important for them
organisations with an approach for to have a stable job, employment benefits,
systematically identifying these costs, so training opportunities, or promotion. In fact,
that they can propose ways of removing our research affirmed that benefits such
or reducing them, and hold decision- as paid leave time, health and maternity
makers accountable.2 coverage, and regular hours are highly
valued by women workers because it is
Precarious employment in precisely those benefits that enable them
global supply chains to balance their paid work with the
responsibilities imposed upon them by
In both rich and poor countries, women are gender roles for unpaid caring work in the
the ones who cut, sew, and pack clothing, home.
pick and pack fruit, prune and cut flowers.
Women constitute 65 per cent of the factory Lastly, women are over-represented in
workforce in the Honduran garment these jobs because there are few better
industry, 85 per cent in Bangladesh, and 90 alternatives available to them. 'May God bless
per cent in Cambodia. In the cut flower the flowers, because they provide us with work,'
industry, women hold 65 per cent of the say the women in Colombia's flower
jobs in Colombia and 87 per cent in greenhouses (Oxfam International 2004,16).
Zimbabwe. In the fruit industry, women Burdened by school costs and medical
constitute 69 per cent of temporary and expenses, women in poor families increasingly
seasonal workers in South Africa, and 52 depend on earning cash incomes. Many
per cent in Chile, while women hold only hope to escape rural poverty, declining
26 per cent and 5 per cent of the long-term agricultural incomes, or subordinated
jobs in these countries, respectively. Ninety family roles, migrating across provinces and
per cent of home-based workers in the UK countries to do so. And the crisis of HIV and
14

AIDS makes some families all the more the purchasing practices of retailers, and
dependent on those who can work, governments' labour policies. Food and
increasing the need for their caring work too. clothing retailers source their products
For many individual women, their jobs through extensive global supply chains,
on farms and in factories have facilitated with a very strong negotiating position
personal empowerment, and in some cases over their suppliers. This enables them to
economic independence or greater equality dictate terms and conditions of supply and
in the household. But though these jobs are to create the low-cost, flexible supply chain
valued, they too frequently result in that they seek. Farm and factory managers
precarious terms of employment. Our interviewed in our research confirmed the
research found workers' experiences of increasing pressure from retailers in
insecurity, excessive stress, and subord- demanding faster production at shorter
ination particularly widespread among the notice, more flexibility in order size and
women workers, the vast majority of whom spacing, higher quality standards, and
are also the primary caregivers in the family. tighter specification of the inputs to be
used - all at stagnant or falling prices. In
Insecurity is a critical issue: women hired
the Sri Lankan garment industry, for
repeatedly on short-term contracts provide
example, production times have typically
their employers with the expertise of
fallen from 90 to 45 days over the last three
permanent workers, while systematically
years, while prices to some suppliers have
being denied access to the benefits of long- fallen 35 per cent in 18 months (Oxfam
term employees. Erratic and excessive International 2004).
overtime forces women to rearrange child- Employers in turn pass these pressures
care at short notice, often while being on to their workers (Figure 1). Demands for
underpaid for these hours. Excessive stress faster delivery - enforced through fines for
is endemic, and short-term gains turn into missing deadlines - turn into excessive
long-term losses for workers who get overtime for workers, who are forced to stay
burned out, often ending up with short until the order is completed. 'We have a very
working lives. Women are typically young workforce of women,' explained one
subordinated through segregation into the garment factory manager in Morocco.
low-paid, low-skill jobs, sexual harassment, 'At times the women have to stay up
or intimidation for involvement in union working all night, and they understand
organising. perfectly the need for that flexibility' (Oxfam
These factors interact with and exacer- International 2004, 53). Likewise, falling
bate one another. Workers on insecure prices are passed on to workers in the form
contracts have weaker bargaining positions of high production targets and low piece-
in the workplace, are less able to demand rate pay; erratic and short-notice orders
their rights, and are more exposed to result in short-term hiring for workers.
excessive production pressures, intimi- In effect, the flexibility gained by retailers at
dation, and harassment. the top of the chain results in precarious
employment for the women at the bottom
of it.
Forces shaping precarious
employment Government policies and practices are
too often geared to accommodating, rather
What are the causes of these precarious than preventing, these excessive supply-
terms and conditions of employment? chain pressures. Many governments routinely
Commonly cited and significant causes fail to implement existing labour laws, either
include gender stereotypes and poor farm constrained by a lack of resources or
and factory management. Yet two other desirous of creating more flexible labour
forces play an increasingly influential role:
'Good jobs' and hidden costs 15

Figure 1: Supply-chain pressures create precarious employment

Shareholder pressure Consumer expectations


for higft fetuFBS of low prices

1
i Retailers and brand owners push for:
lower prices from producers
Retailers and brand bweecs fast and flexible production
.eSfoa&cosfS.aBeHi$K&
. Mtesyseto sBgp^,qhaift-. high technical and quality standards
better labour conditions but without a
long-term commitment

Mid-chaffisuppliers
s&@k (ow-oost pfodiioers

Producers, as employers:
hire women and migrants
use short-term contracts and evade benefits
Pfo-duee(*-faFBi^atidi'fa,St?aes
put workers under excessive pressure
undermine organising
hide labour rights violations

/l\
Sttb*eonctot*~ .
t tt
employees
Precariously employed workers,
mostly women and migrants, are:
insecure on contracts with few benefits

Si \X exhausted by long hours and high targets

MM
undermined in organising for their rights

ub-contractod and home^ased worker*

practices without changing the law. One effectively converting once-illegal excesses
labour inspector in Bangalore's garment into legal and accepted practices. In Colombia
factories told researchers, 'We have received in 2002, for example, labour law reforms
instructions from above to be lenient in these lengthened the working day, cut overtime
inspections, as these factories are contri- pay premiums, reduced severance pay, and
buting to the economic growth of the state' introduced more flexible contracts. In
(Oxfam International 2004,63). The failure to Indonesia, new legislation in 2003 norm-
protect trade union rights, and sometimes alised the previously unregulated use of
their active sabotage, is particularly damaging, short-term contracts. Research in 12 shoe,
since it undermines workers' ability to garment, and metal-goods factories in West
defend their rights themselves. Java found between 15 and 95 per cent of
Some governments weaken national workers repeatedly hired on three- to
labour laws to make the labour market more twelve-month contracts, despite their employ-
'flexible' through easier hiring and firing, ment in jobs not temporary or seasonal
extended limits on overtime, and increasing by nature. Likewise in the UK, a long-
the use of temporary contracts. This trend is established loophole in the law allows
16

home-based workers to be paid only 80 per of costs incurred. We developed this matrix
cent of the national minimum wage (Oxfam towards the end of our research process and
International 2004). then understood the usefulness of such
Many governments are effectively an analytical tool. We hope it may be of use
creating a two-tier labour force within the or inspiration to other researchers and
formal economy. In the top tier, employers women's organisations addressing these
and the state take responsibility for covering issues.
the costs of maintaining a healthy work- We have defined four broad categories of
force. Compensation ensures that workers 'contextual determinants'. First, community
are rested and ready for work (through paid relations, such as networks providing child-
leave time), receive a living wage for care and credit, may be weakened when
reasonable working hours, as well as time women have little time to participate.
and expenses to stay healthy (through sick Likewise, women's social status may suffer
leave and health and accident coverage), from negative community perceptions: in
and life-cycle needs such as maternity leave Sri Lanka, for example, some marriage
and pensions. In the bottomtier,by contrast, advertisements in newspapers say 'Garment
jobs are atomised, with employers limiting women, please do not reply' (Oxfam
remuneration to 'production delivered' or International 2004, 28). Second, household
'time actually at work'. By not providing relations that determine child-care roles and
employment benefits, employers and the
expectations may influence the redistri-
state are shirking their responsibilities for
bution of entitlements within a household
covering the real costs of creating a healthy,
once a woman takes on paid work. Male
productive society and women as carers
family members who formerly provided
are paying the price.
women with income support may withdraw
it when women start to earn cash (Elson
Defining the hidden costs 1999). Third, labour-law enforcement and
of precarious employment compliance determine, for example, access to
maternity leave or health insurance. Employers
Precarious conditions of employment are responsible for compliance with the law,
generate many hidden costs for women but governments are ultimately responsible
workers. We refer to these costs as 'hidden' for the law's enforcement. The two interact
for several reasons. Some are not explicitly closely and therefore in this framework they
recognised by workers to be costs, because are combined. Lastly, supply-chain pressures
they lack information about their rightful
of short production times, flexible and
benefits under law, or because the costs
erratic orders, and low prices push many
materialise only in the longer term. Such
costs are usually missing from official costs and risks of production on to
statistics of export-oriented employment managers, who pass them on to workers.
produced by economists and policy We have identified four forms of hidden
makers. In addition, some costs are implicit costs for women workers that result from
subsidies of the true cost of production, these contextual determinants. First, out-of-
because women workers are forced to pay pocket costs: money paid out for goods and
out of their own pockets or forgo their services required as a result of precarious
rightful earnings. terms of employment. Workers may expect
In order to capture the full range of the to pay for bus fares to work or for lunch at
hidden costs faced by workers in these work, but not for phone calls home or taxis
sectors, we created a matrix (Figure 2) which late at night as a result of overtime at short
brings together various contexts that notice. Likewise, workers may expect to pay
determine the costs, and the different forms for their rent when they migrate to find a job,
'Good jobs' and hidden costs 17

but not for a doctor's visit when health Cost: out of pocket / Context: labour-law
contributions are deducted from their enforcement and compliance:
salaries. The second form of hidden costs is 'We have asked for protective clothes, but they say
income and benefits forgone: rightful incomeit is too expensive for the farm and we should pay
and benefits not received, such as unpaid for the clothes' - Katryn, South African apple
overtime or maternity leave. Third are picker (Oxfam International 2004, 75).
human development costs in terms of ill-health
due to poor working environment and Cost: income forgone / Context: supply-
inadequate time to spend with the family as chain pressures:
a result of excessive overtime. Lastly are the Morocco garment workers put in around 90 hours
costs to equity and self-esteem as a result of of overtime in July 2003 under pressure to meet
more unequal gender relations or intimi- the buyer's tight deadline but the employer
dation in the workplace which undermine counted them not as overtime but as hours
an individual's sense of self-worth. required to complete set targets. The women
The following quotes demonstrate the received only 50 to 60 per cent of their rightful pay
variety of hidden costs borne by women as a result (Oxfam International 2004).
workers. The matrix provides a useful tool Cost: human development / Context:
not only for documenting those already household relations:
known, but for raising awareness about
In Morocco, of women garment workers with
those that have not yet been identified.
children old enough to care for siblings, 80 per
Cost: out of pocket / Context: supply-
cent had taken daughters under 14 out of school to
chain pressures:
care for younger siblings, sacrificing their
'We are often told on the same day that we have to education and future prospects (Oxfam
work overtime that evening. It is then our International 2004).
responsibility to make arrangements with the
[transport] services we use. We have to pay for the Cost: self-esteem and equity / Context:
phone call.. .women who have children have to labour-law enforcement and compliance:
make special arrangements... We are not given 'Supervisors abuse us...if we talk, they say, "Shut
adequate warning to come to work prepared' - your beak! Even a child can do your job"' - Lucy,
Linkie, a South African fruit-packhouse worker a Kenyan garment worker (Oxfam International
(Smith et al. 2003). 2004,16).

Figure 2: Determinants and forms of hidden costs for women workers

Contextual determinant of cost

Supply- chain Labour-law Household Community


pressures enforcement and relations relations
compliance

Out of pocket

Form Income/benefit
of forgone
hidden
cost Human
development

Self-esteem and
equity
18

Cost: self-esteem and equity / Context: costs late at night after overtime - costs that
community relations: were equivalent to 17 hours of unpaid
'As a woman you sacrifice your life, your health, work in a month (Barkat et al. 2003, cited in
your youth., .you are downtown at a party, you Oxfam International 2004).
are shopping and no matter how well dressed you
are, you can smell the odour of sulphur and they USA: forgone income costs of temporary
point at you saying, "There goes a temporary contracts
worker, a grapevine worker"' - Anna, a grape In the United States, agricultural workers
picker in Chile (CEDEM 2003,26).
are excluded from many protections under
national labour legislation and are often
not covered by state law either. In
Documenting the price of Immokalee, Florida, three out of four
hidden costs tomato pickers are young Mexican men,
many of them undocumented workers,
The campaign of Oxfam and its partners hired on temporary contracts and paid on a
aims to highlight the impact on women piece-rate basis.
workers of supply-chain pressures Researchers at Oxfam America calculated
and governments' failure to protect the value of income and benefits forgone as a
labour rights. As a result, we focused on result of not being employed as a long-term
documenting the out-of-pocket costs and worker. They first calculated the saving to
the income and benefits forgone employers by comparing the cost of hiring a
specifically as a result of the emerging temporary employee with the cost of paying
model of supply-chain flexibility and a long-term farm worker to do the same job.
inadequate government protection. Below, At the height of the picking season,
four examples are given, from research temporary workers work seven days a week,
conducted with garment workers in 11 hours a day - that is, 308 hours per month.
Bangladesh, tomato pickers in the United The piece-rate is 45 cents per bucket, and the
States, home-based workers in the average worker can fill 100 buckets per day.
United Kingdom, and garment workers in The total monthly cost to an employer - and
Honduras.
the total income of the worker - is, therefore,
45 cents for 100 buckets for 28 days, that is,
Bangladesh: forgone income costs of $1,260.
overtime
A long-term employee, working 11 hours
Women garment workers interviewed from
a day for 28 days, would qualify for 148
seven factories in 2003 worked on average
80 hours of overtime per month. They hours of overtime per month (paid at a
knew that they were being underpaid for it, premium) on top of a basic 40-hour working
but not one received a written pay slip and week, paid at the minimum wage. Long-
so they were not aware of the extent of term employees are also eligible for social
underpayment. Researchers at the Human security and unemployment insurance,
Development Research Centre calculated towards which employers must pay a
the pay that they should have received contribution. Table 1 shows the total cost.
with the premium due on overtime. The
results showed that their actual pay was
just 60-80 per cent of their due earnings,
and the loss was equivalent to doing
24 hours of unpaid work per month.
In addition, they faced out-of-pocket
expenses: workers can walk home in
daylight hours but had to pay transport
'Good jobs' and hidden costs 19

Table 1: Costs of hiring a full-time farm worker in Florida, USA


Wages and benefits Calculation US$

Minimum wage 5.15/hourxl60 824


Overtime pay 1.5x5.15x148 1143
Social security tax 7.65% x (wages + overtime) 150
Unemployment insurance tax 6.2% x (wages + overtime) 122
TOTAL 2239

For the employer, then, the saving is $979 employers and the income forgone to
per month, or 44 per cent of a stable workers due to these policies and practices.
employee's costs. For employers, this is For employers, the cost of a factory-based
efficient cost saving which can then be worker for an eight-hour day is the national
turned into more competitive wholesale minimum wage of 4.50 per hour, plus
prices. contribution to national insurance and
For workers, though, the hidden costs are holiday costs of 3.91, creating a total of
substantial. The research covered only the 39.91 per day. A home-based worker doing
income forgone as a result of being paid the same work on the actual piece-rate pay
piece-rate: $707 per month. Additional described above, and without any requisite
research could include creating data on the benefit contributions, costs the employer
frequency of required health visits and the only 11.00 per eight-hour day. Hence the
cost of treatment, additional transport or employer saves 28.91 per day. The income
childcare costs because of the hours of work forgone by workers due to piece-rate pay on
involved, and the value of unemployment the unrealistic time basis is 25 per day.
insurance for families. Likewise, human- Further research could calculate the value to
development costs of long hours could be the individual of the benefits forgone,
estimated: how many hours fewer would through data on the value of unemployment
workers choose to put in, given that, as a full- benefits and the number of days of paid
time employees, they could earn the leave permitted under employment law
equivalent of their current gross wages in (Oxfam International 2004).
217 hours, rather than 308 hours, per month?
(Oxfam International 2004).
Honduras: the threat of forgone income
and benefits for garment workers
UK: forgone income costs of being a In Honduras the government is currently
home-based worker proposing a new 'temporary work law'
In the UK, manufacturers provide home which would permit garment factories to
workers with assembly kits (for making hire up to 30 per cent of their workers on
Christmas crackers, for example) that they temporary, instead of permanent, contracts
say will take 14 hours to complete. Home - driven by the desire to provide the kind
workers are required to sign an agreement of flexible and low-cost labour force that
to this effect, but report that the kits foreign and local investors are seeking.
actually take 40 hours to complete. In Researchers at the Honduran Alliance for
addition, UK law has long permitted Labour Protection have estimated that, if
employers to pay homeworkers only 80 per the law is passed, the industry's employers
cent of the national minimum wage. 3 could switch one worker in three on to
Researchers at the National Group on such a contract, saving a total of US$90m
Home Working estimated the savings to over three years. For workers, that would
20

mean forgoing the income and benefits of when governments, keen to meet their
paid leave, social security, and an annual demands, fail to enforce the law or, worse
bonus, a figure which could be calculated still, weaken it. It shows exactly who is
in monetary terms with further research paying - literally subsidising - production
(Oxfam International 2004). costs in the name of supply chain efficiencies
and flexible labour markets. It demonstrates
Conclusion: opportunities how women - as workers and carers - are
for further analysis paying the price of governments' trade and
The matrix and calculations of hidden costs investment strategies that rely on precarious
presented above are intended to help to jobs, with negative consequences for gender
capture the broader consequences of equality. We hope that it will also contribute
precarious employment for workers in in some way to start reversing this unjust
global supply chains. It could be taken trend.
forward in several ways.
First, further research could ascribe
monetary values to benefits forgone and Kate Raworth is a researcher and policy adviser
out-of-pocket expenses, through detailed at Oxfam GB. She is the author of Trading
surveys of the needs and spending patterns Away our Rights: Women Working in
of the workers concerned. Second, the Global Supply Chains (Oxfam International
matrix could be completed in depth for a 2004).
particular set of women workers during a kraworth@oxgam.org.uk
focus-group discussion. Identifying and
documenting hidden costs in this way
Thalia Kidder is Oxfam GB's global adviser on
could help to raise awareness among those
Labour and Gendered Economics. She has
workers of their rights at work and would
worked for trade union networks and women's
provide data useful for campaigning. Third,
such information could be used by worker economic development in North and Central
organisers to identify which of the hidden America.
costs they can most immediately reduce or tkidder@oxfam.org.uk
eliminate - by demanding, for example, a
free phone call each when required to do
Notes
overtime at short notice. Though this would
be a small initial step, it would help to shift 1 Thanks to Mary Sue Smiaroski for
the assumptions about who should pay for helpful comments on an earlier draft.
flexible production. Lastly, the matrix could 2 Trade unions have also done
be extended to include hidden long-term considerable work for and with workers
costs to society - for example, by estimating
in precarious employment. Women are
the future public-health costs of failing to
enforce laws on health and safety at work the great majority of these workers, and
today, or by estimating the government therefore women workers' organisations
revenue forgone - and the health care or have often been at the forefront of these
education it could have paid for - by struggles.
providing tax holidays to foreign investors 3 At the time of writing, this loophole in
today. UK law was due to be closed by the
Identifying and documenting hidden autumn of 2004.
costs in the ways suggested above helps to
clarify what is at stake when retailers offload
costs and risks down their supply chains and
'Good jobs' and hidden costs 21

References Oxfam International (2004) Trading Away


Our Rights: Women working in Global
CEDEM (2003) 'Consequences and Costs of Supply Chains, Oxford: Oxfam GB,
Precarious Employment for Women www.maketradefair.com (last checked
Workers in the Chilean Agro-Exports by the authors March 2004).
Sector', Santiago: Oxfam GB and Oxfam Smith, S., D. Auret, S. Barrientos, C. Dolan,
Canada. K. Kleinbooi, C. Njovu, M. Opondo and
Dolan, C. and K. Sorby (2003) 'Gender and A. Tallontire (2003) 'Ethical Trade in
Employment in High-value Agriculture African Horticulture: Gender, Rights
and Rural Industries', Agricultural and and Participation', preliminary report
Rural Development Working Paper presented at a multi-stakeholder
Series No. 7, Washington DC: World workshop, Institute of Development
Bank. Studies, 26 June 2003.
Elson, D. (1999) 'Labour Markets as Gender
Institutions: Equality, Efficiency and
Empowerment Issues', World Development,
27(3): 611-627.
Krugman, P. (1997) 'In Praise of Cheap
Labour',
http: / / web.mit.edu/krugman/ www/
smokey.html (last checked by the
authors March 2004).
22

Global trade and home work:


closing the divide
Annie Delaney
Home work has re-emerged as a new form of subcontracted production. Promoted through global
capital, it relies on sweatshop labour conditions to cut costs and maintain workers in a vulnerable
state. There are now an estimated 300 million home workers in the global workforce, who are part of
the growing informal employment sector. In many instances, they are denied a living wage, safe
working conditions, basic decent living standards, and recognition as workers. They can be found in
every country, are mostly women, and are usually invisible. These women are slowly being
recognised as the most marginalised and disadvantaged workers, as their numbers increase and the
work system is extended to other industry sectors.

Since the 1970s the Japanese system of 'just- Trade is not free: women pay
in-time' production, demanding rapid turn- the cost
around time for suppliers, has become the 7 have worked knitting and packing cards for
model for many companies. Toyota, for
10 years. Lately, I have also been assembling
example, uses an estimated 38,000 sub-
circuit boards for televisions and other electrical
contractors, using many small workshops
goods. I work much harder than workers in the
which rely on home workers. Home
factory, but I get paid less, and it is hard to think
workers produce goods for companies
that things will improve.' 0ean, home worker in
subcontracted by big brand names, such as
the UK)
Phillips in the Netherlands or Siemens in
Northern Greece.1 A measurable effect of trade liberalisation is
In addition to work in subcontracting declining working conditions, which
companies, 'own-account' or independent contribute to the expansion and growth of
home workers in remote, rural locations are the informal workforce. Fierce competition
increasingly linked into global markets. by governments to gain or maintain
Handicraft production in India such as producer-country status in the export sector
Kutch embroidery, for example, is a growing exacerbates this trend. Where they exist,
export sector; as a general trend, the quality laws to protect workers' rights are often
of the embroidery has declined as exports, unofficially rewritten to remove employers'
prices, and popularity have increased, core obligations such as allowing workers
driving prices down. As handicraft work the right to organise, and freedom of
becomes more commercialised, workers association.2
become more dependent, and pay and Home workers fall into two categories:
conditions usually deteriorate. dependent workers who are paid piece rates
and usually produce for a subcontractor,
Global trade and home zoork 23

or intermediary companies in a contract found evidence of home working in every


chain. In addition, independent or 'own- country involved in the study. All the
account' workers produce goods for direct international subcontracting chains involved
sale through street stalls, shops, or the local home workers, producing goods for major
village. They themselves determine what brands in Europe, the USA, and Japan.
products they make and where they sell them. Few of the international voluntary codes
The informal economy is rapidly mention home work; if they do, there is no
expanding in every country. It includes the process for ensuring that the codes will be
contract labour of factories and call centres, monitored and made relevant to home
street vendors, domestic workers, rag workers. The International Labour
pickers, migrant workers, construction and Organization (ILO) passed Convention 177
forest workers, and produce harvesters, as on Homebased Work in 1996.4 It has been
well as home workers. The global informal ratified by four countries: Ireland, Finland,
employment sector is huge and largely Netherlands, and Albania, although in these
consists of female, unprotected workers. In countries the impact has been poorly
many countries the only new employment documented. We know that a substantial
creation is in the informal, unorganised amount of home work is done in Albania, for
sector. As part of this trend, home work is example, as Italian firms subcontract foot-
increasingly used in industries such as wear work there. However, despite the
garments, shoes, metal works and car existence of the code, there are few unions or
manufacturing, jewellery and gems, food organisations working with Albanian home
preparation and selling, packing and workers, and much work is needed to push
assembly of fresh and manufactured goods, for the implementation of the Convention.
and a broad range of services. There are some countries where
Despite this, home workers are rarely campaigns and organising have proven to be
mentioned in national statistics, or effective strategies for improving home
recognised as part of the workforce, or workers' conditions. For instance, in India a
acknowledged in the national economy. number of groups, including Adithi,
Most governments are content to keep the Women's Forum, and SEW A, are lobbying
informal sector undefined and vague. for recognition, protection, and a policy on
Further, home workers are often neglected home work and a 'National Act for Workers
in the strategies of unions and non- in Informal Employment'.
government agencies, which tend to focus In Australia, the government has refused
on income-generation schemes without to ratify the Homeworkers' Convention, but
making the links to working conditions and state laws have been introduced to protect
the need to organise for general home workers. Campaigns to ratify the
improvements. Employers largely benefit Convention often increase visibility, recog-
from a large pool of invisible, underpaid, nition, and the potential to improve national
and isolated workers. protection of home workers.
The garment industry provides a good In other countries, attempts to organise
example of the deteriorating conditions that have not been so successful. The experience
workers face, although the major brands are of workers in Export Processing Zones
often quick to deny that home workers are (EPZs) in Baguio, The Philippines, demon-
present in their supply chain. Recently, strates increasing similarities between
grassroots organisations in Asia and Eastern conditions for factory workers on temporary
Europe, supported by 'Working Women contracts (or operating as subcontracted
Worldwide', conducted research on sub- labour) and home workers. Garment-factory
contracting in the garment industry.3 They employers in this area rely on subcontracting
24

to small workshops and home workers. New ways to organise


They utilise contacts in factories to distribute home-based workers
work to others outside the factory. The
factory worker has become the link from the Globally a number of groups have
factory to the home workers. Attempts by supported the development of new home-
workers in the Baguio region to form unions worker organisations. Homeworkers
have resulted in the relocation of whole Worldwide (HWW) is one of the groups
factories to other regions and the loss of jobs, that have emerged to support grassroots
despite the fact that the brands involved organising and to document models for
have a Code of Conduct which provides the organising home-based workers. HWW has
right to organise and freedom of association. co-ordinated a programme to develop and
The Gap is one the largest buyers of clothing link activities into existing and new unions
5
from The Philippines. Manufacturers and home-worker organisations.
producing Gap and other major brand HWW has documented one example
garments use factory relocation as a strategy from Australia to demonstrate how a union
to reduce labour costs, discourage worker began to organise homebased workers. The
organisation, and increase profit. Moving to Textile, Clothing and Footwear Union of
the Southern Luzon region can reduce the Australia (TCFUA), and the community
hourly rate paid to workers from US $5.60 to campaign, 'FairWear' have used infor-
$4.70 and, for workers on short-term mation on subcontracted chains to improve
contracts, to $3.50 an hour (Reyes, 2003). home workers' conditions, organise home
Movement between permanent work, workers, achieve legislation, and put in
monthly contract work, seasonal work, and place a retailers' /manufacturers' code
the lowest-paid home work increases the specific to home workers.
precarious situation for workers. The flexi-
Targeting the public
bility demanded under the current terms of
Ten years ago no one in Australia really
international trade forces workers to
knew much about home workers, but
reshape how they earn money to survive.
today if you ask a person on the street you
Homebased work in the garment industry in
will probably be told that they are likely to
The Philippines accounts for more than one
be women sewing clothes in sweatshop
third of production in the EPZs. The
conditions. Brands and retailers are
redefinition of a worker's relationship with
sensitive to this level of consumer
the factory is a critical aspect of efforts to
awareness. The campaign used the simple
attract and retain foreign customers. The
comparison between a home worker's
easier it is to sack workers or to shift them to
wage of $2.00 to make a garment and the
less stable, more flexible, and lower-paid
retail price of $150.00 for the same garment.
work arrangements, the more reassured the
Consumers were lobbied to support fair
buyer will usually be that the workers won't
wages for home workers and to urge their
cause any problems(Torafing, 2003).
favourite brands to engage in ethical
This is a critical time for workers in
practices.
informal sectors to improve their capacity to
Community campaigning by FairWear
organise collectively. Otherwise global trade
mobilised consumers by using direct action
regimes will lead to reduced standards for
outside storefronts and corporate
all workers.
headquarters to publicly shame retailers
into taking responsibility for the conditions
of home workers producing their goods.
Visual, creative, and media-friendly stunts
increased home workers' visibility and
Global trade and home work 25

recognition by pressuring retailers to sign aims to ensure that home-based workers


the Homeworkers' Code, and linking this to and other workers receive their legal
government policies and workers' need for entitlements. Home workers earn on
legal protection. average $2-$3 (US$l-$1.50) an hour,
compared with the legal minimum rate of
Targeting the government $13 (US$7.50) an hour. The union began to
The campaign aimed for legislative reform prosecute large groups of companies for
at state and federal levels to improve home breaches of this Award. In one state, more
workers' protection and rights as workers. than 100 companies were prosecuted in a
A1995 TCFUA report,6 documenting the five-year period between 1998 and 2003, for
conditions of home workers, contributed to a more than 800 breaches.
Australian Senate inquiry; subsequent Using negative publicity, FairWear
media exposure forced the industry to encouraged a group of companies that were
respond formally to the problems identified. being prosecuted to sign the Code. One
To date, legislation giving home workers in event involved protesters, wearing nothing
the garment industry legal status as but their underwear, shouting 'We would
employees has been implemented in five rather wear nothing than be clothed in
states. exploitation.' Customers abandoned the
The national Senate inquiry into home targeted store for days following this
work in the garment industry in 1996 led protest, and the company did eventually
to the introduction of the Voluntary sign the Code. In the same period, a group of
Homeworkers' Code of Practice, after home workers came forward to take the first
employers were forced to sit down with the claims against companies for their legal
union and come up with some solutions. entitlements; ultimately they agreed to out-
A pay-equity inquiry in the state of New of-court settlements. And in 2003 Nike
South Wales led to improved legal signed the Sportswear and Corporate-wear
protection for garment home workers. section of the Code.7 The campaign's
In other states, similar legislation has been effectiveness stemmed from the fact that
passed in response to inquiries, research, home workers became more visible, but
and campaigning. In May 2003 in Victoria, avoided identifying themselves, because of
legislation was passed to give home workers the risk of reprisals or loss of work.
recognition as workers, the right to claim
unpaid remuneration from the retailer or Targeting home workers
brand, and a process to review the Voluntary The organising of Australian home workers
Retailers' Code, with the potential for it to began through training, advocacy, and
become mandatory. multilingual communication. Over time,
FairWear opposed initiatives to reduce home workers provided information about
workers' protection in national labour laws, company practice, spoke to the media and
pointing out the potential impact on already at union rallies, participated in research
disadvantaged home workers. The federal and video projects, and allowed federal
government is committed to further dereg- and state politicians to visit their houses to
ulation and decreased worker protection, see at first hand how they worked.
and so the campaign has kept the spotlight Confidence and trust building were
on the impact on the most vulnerable important elements in workers'
workers. participation.
At FairWear, we brought groups of
Using the law and codes home workers together to document their
The Australian national industry law problems, discuss what could be done, and
known as the 'Clothing Trades Award' examine where they were placed in the
26

contract chain. We recorded the labels that given permission to attach a label reading
they worked for and linked these brands 'No Sweatshop' to its garments as a sign of
directly to poor working conditions, low compliance and is promoted as a 'good guy'
wages, harassment and abuse, child labour, by the campaign.8
and health-related issues. One group of Companies' information on their supply
home workers formed a lobbying and chains enables the unions to follow suppliers
education group to campaign for legislation. and to build up an information base about
They were trained to speak to the media, where the work is going in the industry.
politicians and community leaders. The Home workers making products for
home workers protested outside politicians' companies accredited to the Voluntary
offices, shared their personal stories with Homeworkers' Code are, for the first time,
supporters and media, and met with other receiving workers' compensation insurance,
home workers. Vietnamese-speaking home superannuation (pension) payments, and
workers, a majority group, began their own increased pay rates. Following recent
radio programme, called Outworkers' voice, prosecutions, about 30 companies are
reaching thousands of home workers. seeking accreditation, which is a significant
Home-worker leadership has developed improvement on the four accredited since
through these interlinked activities. 2001.

Australian Homeworkers' Experiences elsewhere


Code HWW is currently completing a three-year
The Australian labour law provides home mapping project, supported by Department
workers in the garment sector pay equity for International Development (DFID) in
with factory workers. However, this rarely the UK. HWW set out to document models
applies. The majority are from refugee and and strategies for organising homebased
migrant communities, unaware of their workers, using action research. More than
rights, or too frightened to make a 30 country and regional groups linked to
complaint in case they lose their work. the project have begun to identify where
Employers and subcontractors could and home workers are located, and the
would dispute their claims, as the home industries in which they work. The second
workers speak little English, rarely have step involves the formation of organi-
written documentation, and are considered sations and unions. The project has already
contractors with no rights. facilitated new home-worker groups in
Companies applying to become Eastern Europe, China, Indonesia, and
accredited to the Homeworkers' Code must Latin America.
demonstrate that they have systems in place The mapping has two aspects. The first -
to guarantee that any home workers horizontal mapping - documents the
producing clothes for their subcontractors location of home workers and the nature of
are employed under (at least) minimum the work. It is common for home workers to
wages and conditions. They must provide to be trained as part of the action research
the joint 'Union-Employer Code Committee' team, a fact which assists in building the
details of their suppliers, and include organisation.
evidence that their suppliers are meeting The second aspect of the project - vertical
legal conditions. They must provide examples mapping - is a process which traces or
of work records, including a calculated piece 'maps' the local, national, and international
rate based on hourly pay rates. When a subcontracting chains, with the aim of
company gains accreditation status, it is strengthening the home-based workers'
Global trade and home work 27

position and ultimately helping to improve In Chile, CECAM is encouraging the


their working and living conditions.9 formation of local organisations of home
There are numerous examples of positive workers in the garment and footwear
outcomes through this project.10 For instance, sectors, through education and support.
in the southern state of Tamil Nadu, India, a These new groups have formed regional
local rural organisation, READ Foundation, organisations and are developing alliances
has been working with the mapping with formal trade unions. Some factories
programme to set up self-help groups with and workshops in the chains have been
home-based garment workers. These groups identified, and the formal unions in the
were initially savings groups but gradually factories have been contacted. We can see in
they have taken up other activities, helping this a potentially powerful alliance between
women to buy raw materials in bulk and sell formal and informal worker organisations.
their products collectively. READ has
worked with and been supported by the
local union to train home workers and lobby
Conclusion
for better conditions. Workers have secured The threat of losing work is very real and is
improved wages and some legal protection often used by corporations. Home workers
by using the union's knowledge of existing face many obstacles and are certainly more
legislation. The READ Foundation has vulnerable if they draw attention to brand-
helped home workers to join the Tamil Nadu name labour practices. This article has
Manual Workers' Board , which secures demonstrated the importance of incorp-
benefits for workers. READ is now organising orating home workers into training and
garment home workers into unions and organising strategies in sensitive ways, and
applying a similar strategy to groups of of bringing together formal and informal
home workers in other industries. workers.
In Chile, as part of the mapping Increasing demands for flexibility from
programme, home workers in the seaweed buyer-driven chains push prices down and
business in the south, supported by the place unreasonable demands on suppliers.
women's organisation, Centre for Training As consumers, we need to ask the brand
for Women Workers (CECAM), organised to owners some hard questions. But the
improve living conditions by removing the solution does not lie solely with consumers
middlemen from the supply chain. Workers in industrialised countries. Alliance building
received training and support from CECAM across organisations, increased community
to organise and develop a group. Their awareness about workers' conditions and
incomes have more than doubled, and they rights, and support for worker organisations
now have greater control over how they at the grassroots level are strategies which
work, without pressure from the middle- have been proven to work. Workers and
men. They are part of an international their organisations can make trade work by
contracting chain, selling seaweed to ensuring that corporations play by fair rules.
international cosmetic and food producers.
Home-worker support groups such as Annie Delaney has worked as a community
READ in Tamil Nadu and CECAM in Chile campaigner for more than 20 years, most
have developed strong alliances with local recently as an active participant in the
unions to encourage home workers to FairWear campaign and working for the
organise. These alliances build on the skills Textile, Clothing and Footwear Union of
of local organisations and trade unions to Australia in support of home workers. Annie
help home workers to form their own unions has been involved in HomeNet International
or join existing ones, in order to improve and is on the international advisory committee
their legal status and living standards. of Homeworkers Worldwide. She is currently
28

working on a campaigning manual for home- 6 Textile, Clothing and Footwear Union of
worker groups. Australia (1995) 'The Hidden Cost of
Contact adelaney@melbpc.org.au Fashion', Sydney.
7 Homeworkers' Code of Practice
Committee, HomeWorkers' Code of
Notes Practice (1996), Sports and Corporate
1 European Homeworkers' Group (1998) Wear Ethical Clothing Deed, (2003). See
'Report on Homework in European www.nosweatshoplabel.com re:
Subcontracting Chains'. Homeworkers' Code of Practice.
2 It is common in Export Processing Zones 8 FairWear wallet card is a guide for
that unofficial No Union-No Strike consumers on where to shop and not to
policies are administered to reduce legal shop, www.fairwear.org.com or
protection for workers. For example, in fairwear@vic.uca.org.au.
areas of The Philippines, Indonesia and 9 Homeworkers Worldwide horizontal
Mexico the government support for and vertical mapping packs, 2003.
implementation of such unofficial Contact: www.homeworksww.org.uk or
policies is acted out through military mapping@homeworkersww.org.uk for
suppression of workers, abuse of union more information.
leaders, and support for government- 10 Examples from Chile and India are
backed non-democratic unions. drawn from Campaigns at Work: A Guide
3 Women Working Worldwide, to Campaigning for Homebased Worker
'Subcontracting in the Garment Organisations, Unions, Campaign Groups
Industry', Women Working Worldwide and Activists by Annie Delaney
Project Workshop, Bangkok, February (HomeWorkers Worldwide UK, 2004).
2003. See www.women-ww.org or
infor@women-ww.org for more
information.
References
4 ILO Homework Convention No. 177 and Reyes, Diane (2003) 'The Production and
its recommendations, if ratified, requires Distribution Structure of the
governments to develop national policy International Garment and Textile
around the issues for home-based Subcontracting Chain', Philippine
workers and asserts the principal of Resource Centre, Manila.
equal remuneration for home-based Torafing, Christina (2003) 'Research on the
workers as for enterprise-based Subcontracting Chain in the Garment
workforce. Industry', Innabuyog Metro-Baguio,
5 HomeNet as an international network The Philippines.
was formally dissolved in 2003, but a
number of network members are part of
Homeworkers Worldwide and other
informal networks.
29

Women workers and


precarious employment in
Shenzhen Special
Economic Zone, China
Pun Ngai
In spite of the increase in transnational codes of conduct and legal mobilisation of labour, despotic
labour regimes in China are still prevalent. Globalisation and 'race to the bottom' production
strategies adopted by transnational corporations militate against the improvement of labour
relations in China. The goal of this study is to provide a framework for understanding the working
conditions of female migrant workers. While the inhumane working conditions of the women
workers have been repeatedly observed, none of the existing studies has provided a solid analysis of
the precarious employment system in China. This article aims to span global factors as well as local
elements, demonstrating how they each contribute to precarious employment patterns. The hidden
costs of the production and reproduction cycles are still unknown.1

As China has become increasingly incorporation of migrant labourers in this


incorporated into the global economy over SEZ, which was set up in 1980. Before this,
the past two decades, it has developed into Shenzhen was only a small city with 310,000
a 'world workshop', providing a huge pool residents and fewer than 30,000 workers. At
of cheap labour for global production. the end of the year 2000, the total population
Since the mid-1990s we have witnessed a had increased to 4.33 million, and its labour
surge in the relocation of transnational force to 3.09 million. Around 30 per cent of
corporations in China, especially from the population are categorised as permanent
Hong Kong, Taiwan, Japan, the USA, and residents who have come from major cities
Western Europe. More than 100 million as state officials, entrepreneurs, technicians,
peasant workers work in transnational and skilled workers. About 70 per cent are
corporations which are directly owned or classed as temporary residents, a status
joint-ventured by American and European which means that they do not have the
companies, or they work for Chinese official household registration entitling
companies which act as contractors and them to citizenship in Shenzhen. In 2000, the
subcontractors for these companies. There total number of temporary residents was
are concerns emerging among NGOs as 3.08 million, which constitutes almost the
well as in academic circles about entire labour force in Shenzhen, the majority
globalisation and labour conditions in post- being migrant labourers from rural areas.
socialist China. The rapid economic development of
The 'Chinese Working Women Network' Shenzhen and the advancement of its
(CWWN) started its project in the Special position in the global economy is dependent
Economic Zone (SEZ) in Shenzhen, just on the extraction of female labour from the
across the border from Hong Kong. Since rural areas. The process of 'globalising'
1996 we have witnessed the rapid Shenzhen has depended on cheap and
30

'compliant' female labour, in the develop- bargaining power. They are forced to leave
ment of export-processing industries. In our the city if they lose their job, no matter how
studies in garment and electronics plants in long they have been working there.
Shenzhen, we found that more than 90 per Without state protections, female migrant
cent of the total labour force in the light workers resort to the support of familial
manufacturing industries was young, networks. These networks facilitate migration
female, and under 25 years of age. All flows and job searches, circulate work
women workers were classified as rural information, and help workers cope with
peasant workers, or mingong. No matter how factory life and hardship in the city. Most of
long they had worked in Shenzhen, they the invisible costs assumed by familial
could never be classified as formal workers. networks have the effect of benefiting
Lacking the right to stay in the city, most industry. Such costs include labour recruit-
were accommodated in the workers' ment, training, and discipline. Reliant on
dormitories provided by their employers. labour networks to train workers, and to
assist with their adjustment to factory life,
management continues to maximise profit
Migrant workers and the and promote the precarious employment
dormitory labour regime system in China.
The 'dormitory labour regime' in China In order to illustrate how the precarious
contributes to an exploitative employment employment system arises in China we will
system. This regime links with labour look at labour use, including working
migration and reproduction cycles in the conditions, migration and reproduction
rural communities, serves global production, cycles. We will show that the patriarchal
and generates hidden costs which are culture in rural China that affects the
borne by women workers. Local govern- migration process and reproduction of
ments compete for foreign investment, labour also shapes the labour conditions in
openly neglecting legal regulations and special economic zones. Our research covers
social provisions. The costs of labour five factories where CWWN has assisted in
reproduction, such as education and long-term organising in the workers'
general welfare, are entirely undertaken by dormitories since 2000. We conducted
the rural communities which subsidise organising activities as well as research with
wages, accommodation and consumption. more than 1,500 women workers in these
Wages of migrant workers are equal to garment factories.
those of ten years ago, or are declining, but
the lack of residential status in the city
precludes the formation of a working-class Women, family, and
force which could work for the labour reproduction
rights of migrant workers. It is often stressed that the low status of
The shrinking of the government role in Chinese women is rooted in the Chinese
labour provisions has resulted in a lack of family system, which is patrilineal,
social and labour protections for rural patrilocal, and patriarchal in nature.
migrant workers. Deprived of their rights to Women in rural China were traditionally
stay in the city, there is almost no long-term deprived of the means of production and
planning for education, training, housing, the right to land, and their personal
medical care, and social welfare to accom- autonomy was totally submerged under
modate the new working class. As half- male authority. They were temporary
peasants, half-workers, migrant labourers members of their natal families, and
have ambiguous citizenship rights and weak strangers/intruders in their husbands'
Women workers in Shenzhen Special Economic Zone, China 31

families (Johnson, 1983). Women were born Dong: 'It's not the first time
into a system where they were essentially I've gone out working'
powerless. Their labour would be given to
another family, and they were therefore Dong was a rural female migrant worker
considered as 'water spilled on the ground', typical of her generation. At the age of 23,
as one Chinese saying goes. No family she was an experienced dagongmei
would invest time and money in educating (working daughter) and had been working
daughters who one day would become the in Guangdong for more than four years.
daughter-in-law of someone else. Dong was born in a relatively poor village
Forty years' experience of socialism in in Hunan. She grew up along with China's
rapid economic reform over the past
China did not fulfill its promise of 'women's
20 years. As the eldest daughter, her father
liberation', which was one of the significant
asked her to quit her junior secondary
revolutionary goals. The priorities of economic
school at the age of 16, when her younger
and political development overshadowed
brother entered secondary school.
the goals of social change, sacrificing women's
emancipation. 'I thought I could earn more money in the Special
Socialism and patriarchy have to date Economic Zone. I knew quite well what the
existed together in harmonious stability. The working conditions might be, and how much I
configuration of a patrilocal/patrilineal/ could earn before I went out to work. I knew it was
patriarchal family system has been even not easy to work in a big city which was a totally
further consolidated in the reform period of strange place to me. But I thought it was still
recent years. When land was restored to the worth it to try, and it was a chance for me to look
household, when the male household-head at the outside world.'
represented all female interests, women's She went back home almost every year.
rights and situation further deteriorated Every time she returned, she brought back
(Croll, 1985). Worse still, the government's about two thousand yuan ($240) to her
one-child policy controls not only women's father, which was more than the total of her
fertility, but also their bodies, sexuality, and family's income. The family was happy
personal autonomy. Consequently neither with her contribution, and she was satisfied
socialist revolution nor reformist trans- too. 'The first time I saw my father and mother
formation created more opportunity for smile so happily, I knew that there is big gap
women to expand their horizons. between urban life and rural life. My parents at
Most of the factory women whom we first could not believe that I earned two
thousand yuan within five months.'
interviewed knew quite well before they left
their villages that they were going to be But for Dong, the life of the outside world
imprisoned in sweatshops for twelve hours became less and less interesting as she
each day, earning about five or six hundred worked in Shenzhen for four years. 'I do feel
renminbi (US$60-72) each month. The youngest tired. The working hours are too long. It's too
woman in the workplaces was 16, and the hard. What's worse, I could never have hoped
oldest was 46; they all knew that the factory to stay in the city. My hukou (household
boss would not treat them as equal human registration) is in the village.2 Last New Year,
I went back home and thought that I would not
beings. They knew there was a huge gap
come out again. I stayed home for two months
between industrial life and rural life. They
and I slept, slept all the day.' But with her
knew they were going to sell their bodies.
energy and health restored, she felt bored at
They knew almost everything.
home and went out working again. She had
a boyfriend living in a nearby village, and
they agreed to get married the next year.
32

She knew that after marriage she might have migrants are hired by enterprises and
no chance to work in the city again. So, even approved as temporary labourers, after the
though industrial work was very arduous payment of Increased City Capacity Fee.
and exploitative, she still wanted to enjoy Enterprises should then apply to the Public
her personal 'freedom' outside the village Security Bureau for a certificate of
for a little more time. Saving some of the temporary residence registration, and to the
money for her future married life was police station for a temporary hukou
another consideration. 'Life will be happy if my registration. And, finally, they should apply
husband and my parents-in-law treat me nice. to the District Public Security Bureau for a
But no one knows. It's better for me to have some Temporary Residence Certificate, so that
money of my own.' their workers can become legal temporary
Thus the individual life cycle, the workers in Shenzhen. The temporary
women's transitional life period between residence is for one year only: it needs to be
puberty and marriage, has meshed with renewed annually, for a fee. The strategy of
social time, the transitional period of the local governments is to change rural labour
socialist economy fusing with global regularly. Local officials openly declared
capitalism. that if there was work, rural labour could be
given a temporary residence. However, if
there was no work, they would have to
Uprooting labour rights leave, so the local government would not
Besides labour control, population control have to bear the burdens of urbanisation.
is another of China's strategies to recruit The houkou system's distinction between
labour. Population control in China is permanent and temporary residents allows
affected by a system called hukou, house- the state to shirk its obligation to provide
hold registration, which was formally set housing, job security, and welfare to rural
up in 1958. The hukou system in China migrant workers. The labour of the rural
determined not just where a person could population is needed, but once their labour
live, but also the person's entire life ceases to be necessary they can no longer
chances - social rank, wage, welfare, food survive in the city. This newly forming
rations, and housing (Solinger, 1991). In the working class is not permitted to form roots
pre-Reform era, there was only one strict in the city. The hukou system, mixed with
system of hukou: the registered urban labour control, has created a deformed
permanent residence and rural permanent citizenship, which has disadvantaged Chinese
residence. Peasants, with their fate sealed migrants attempting to transform them-
by the rural hukou, were banned from selves into urban workers. The term mingong,
leaving the land for more than three 'peasant-workers' or temporary workers,
decades. Loopholes did exist, but in terms blurs the lines of identity between peasant
of numbers, illegal migration was never and worker (Solinger, 1999).
able to challenge the social order that was Housing, education, and other infra-
polarized between the rural peasantry and structural services are not provided by the
the urban working class. Shenzhen Government to the temporary
Shenzhen was the first city to change its residents. Migrant workers themselves are
hukou system dramatically in the early not rightful citizens and, moreover, their
1980s. Besides the former permanent family members are not allowed to live in
household registration, temporary household Shenzhen unless they too can find a job and
registration has been issued to temporary acquire the status of temporary worker.
labourers. In Shenzhen the hukou system is Marriage and childbirth cannot be
well connected with labour control. Rural registered in Shenzhen. Officially these
Women workers in Shenzhen Special Economic Zone, China 33

workers are still regarded as peasants and owners. Increasingly however, foreign-
are supposed to have support from their invested firms are building their own dorms
families in the rural areas. The cost of labour to suit their own particular needs; typically,
reproduction is entirely borne by the rural these facilities are within compounds flanking
society. the factory. In these settings, the spatial
Normally a worker, usually female, will integration between working and non-
spend three to five years working as a wage working life is tighter, and companies, rather
labourer in an industrial city before getting than the state, play a more commanding role
married. The long-term planning of life in controlling workers' lives.
activities such as marriage, procreation, and China Wonder Garments is a relatively
family are all expected in rural communities. small subcontracting garment factory set up
Given that there is a great labour surplus in in Shenzhen in 1989. China Wonder moved
rural China, it is almost unnecessary for the to Shenzhen from Hong Kong, attracted by
urban government to consider the long-term lower production costs, cheaper land and
reproduction of labour. labour, and the fact that the local state
Most workers in Shenzhen live in factory provided a better investment contract
dormitory buildings, with about 50 workers package, including lower taxes, manage-
accommodated in one flat or house built of ment fees, and rents for a larger factory
wood and iron sheet, provided by their compound.
employers. However, since the temporary China Wonder has a workforce of 600,
labourers are not officially recognised as and is under a Hong Kong director who has
workers, or gongren, the factories do not sole authority over the operation and
recognise them as such either. One company management of the factory, with a quasi-
director said that the workers whom they paternalistic style of management. It is
previously employed in Hong Kong were situated in the middle of the global
still under the protection of the labour law in subcontracting chain, producing garments
Hong Kong, and they could not dismiss the for Hong Kong buyers, who take their
workers arbitrarily without compensation. production orders from American and
In Shenzhen, however, they could dismiss European corporations.
workers at any time they wanted to. At the time of our research, both
production and dormitory premises were
rented from the local district government,
Working conditions which charged the company an additional
The notorious working conditions in the management fee. Both production facilities
special economic zones and industrial and working environment were relatively
towns in China can be attributed to the poor, but there was no strong incentive to
'dormitory labour regime'. With accom- upgrade. The management knew that there
modation tied to employment, the was international pressure to improve the
employer has control over the non-working working and living conditions through
life of the worker. With extended working, codes of conduct. The Director had
the employer can make it virtually subscribed to the Disney Code of Conduct (a
impossible for workers to search for set of company codes on labour standards
alternative employment. And the dormitory used to regulate subcontractors or suppliers
labour regime relies on young workers who in China since the mid 1990s), which was
can be easily controlled (Smith and Pun, displayed on the wall in Chinese. He said
2003). that as these codes only gave verbal advice
Dormitories are predominantly owned and no resources, they were not considered
by local authorities and rented to factory particularly helpful. Moreover, while a
34

benchmark for the owner, they were also dependent, and strangers could not get in.
said to be 'window dressing'. It was stressed Within this 'extended internal labour
that profit margins were so tight, there was market', job information was usually passed
no room for additional costs. to kin.
Nearly all the workforce in China In China Wonder, the Finishing Unit
Wonder were rural migrant workers from supervisor took six years to weave his family
the provinces of Guangdong, Hunan, Hubei, network, connecting individuals to different
Jiangxi, Anhui, and Sichuan. The only locals work positions. Acting as a paternalistic
of Shenzhen were the accountant and the patron, he needed not only to take care of his
housekeeper of the company. Housing relatives and co-villagers' daily lives and
these migrant workers was difficult and accommodation, but also was responsible
expensive, according to the housekeeper, for their work behaviour on the shop floor.
though only very basic housing facilities All the family members recruited need to be
were provided. The dormitory building, of responsible, and this fact might have the
three storeys, was just adjacent to the effect of policing the performance of the
production building, which required only a worker; if the family members let the family
two-minute walk to the shop floor, thus down, they let the team down, and payment,
easily facilitating a 'just-in-time' labour which is strongly performance-based,
system. Each dormitory room housed 12-16 would suffer. This resulted in mutual obli-
workers and was very crowded, lacked gations, as well as mutual control and group
ventilation or adequate lighting, and discipline in the workplace. Thus, labour
provided absolutely no private or individual mobility was balanced by this self-regulated
space. Workers on each floor shared network, which served as a stabiliser,
communal toilets and bathrooms at the end maintaining a constant labour force for the
of the corridor. The management admitted dormitory labour regime.
that the living conditions were very poor,
but blamed the local government for not
providing enough space for adequate Freedom of movement
dormitory facilities. The dormitory building China Wonder stressed tight control and
was built to accommodate 500 workers only, restrictive measures to regulate workers,
but it always had more than 600 workers. who came from more than five provinces.
The dorms provided by China Wonder The company kept the workers' identity
were 'free', and no deposit for accom- card, as well as enforcing a system of
modation was required. A hierarchy for the deposits. In addition to the token Disney
spatial arrangement in lodging reinforced a Code, China Wonder had its own code, the
hierarchy of labour. Managerial, technical, real one, which was far more detailed and
and supervisory staff members were sharing disciplinary. After entering the company,
two per room, although these rooms were every worker received a handbook which
also very basic. Neo-paternalism in this contained more than 50 provisions.
workplace was reflected in the managerial The working hours were very long;
style, as well as in the company reliance on overtime work on Sundays and every night
family networks for recruitment. As an was expected. The workers in China Wonder
example, a supervisor in charge of 60 worked from 8 a.m. to 10 p.m. If there were
workers in the finishing unit had 12 relatives rush orders, the workers could be requested
in the factory, and he had been with the to work until midnight. Twelve working
company for six years. With 600 workers in hours per day was normal for the workers; a
the factory, it needed only about 50 families rest day would be provided only if there was
to be responsible for all recruitment. Access a break of production orders, or in the low
to the factory was therefore totally network- season. This meant that the workers worked
Women workers in Shenzhen Special Economic Zone, China 35

between 72 hours and 77 hours each week, possibility to work overtime, they considered
far more than the working hours allowed by that they could not refuse it, especially
Chinese law (40 hours each week, and 36 during the high season.
hours' overtime work per month). It openly Wages in China Wonder were relatively
violated the Chinese Law and the Disney high. However, workers received more only
Code. At the beginning of 2002, the factory because of the excessive hours that they had
continued to operate on 1 January, the to work. The paternalistic dormitory labour
National Day, which was a statutory regime provided absolute lengthening of
holiday. In addition, workers had to work on working hours, and double extraction of
Sunday 24 February after the Chinese New labour power through absolute control of
Year holiday, which was in violation of the labour time and living space.
code providing one day off in seven.
According to Chinese law, overtime on
normal workdays has to be paid at 150 per
Conclusion
cent of normal wages, 200 per cent when on Because of the obvious violations of the
rest days, and 300 per cent during statutory company codes and Chinese law in most of
holidays. Most of the workers would not the transnational companies, the Chinese
know the Chinese labour law, since there Working Women Network joined with the
were no educational or promotion pro- Clean Clothes Campaign in 2002 on a pilot
grammes. Most workers, in particular those project to set up a monitoring system in
in the cutting, sewing, packing, and quality- China. The precarious employment system
control sections, were paid on a piece-rate in China has come about through a mixture
basis. Other workers and apprentices were of global, national, and local factors. These
paid on an hourly basis, while management local particulars are often overlooked in the
staff were on a monthly payroll. For those global trade analysis. The migration cycle,
workers paid on a piece-rate basis, the women's struggle against the patriarchal
overtime premium was paid according to culture, and the huge rural-urban divide
the law as far as normal workdays were have contributed to women workers'
concerned. Wages for overtime during rest acceptance of low-waged work in the city.
days, however, did not conform to the law. The great labour surplus in China
Work on Saturday was thus not considered exacerbates this low-waged but efficient
overtime, which was classified only as production system, suiting the 'race to the
Sunday work and work after 8 p.m. bottom' production strategies of capital.
Overtime was paid at the 1.5 rate only. Local government has removed workers'
The workers interviewed, for their part, basic labour and civil rights, and
did not have a clear understanding of when transferred the cost of labour reproduction
the overtime premium was paid, and were to rural communities. The absence of
under the impression that overtime was residential rights has created a highly
paid only in the evenings, and not on exploitative situation in which workers
Saturdays or Sundays, since both the cannot easily organise themselves.
company and the workers would take The dormitory labour regime houses
evening work as overtime work. Overtime more than one hundred million migrant
work was not voluntary, as stipulated by workers in China. These workers are mostly
Chinese law and the Disney Code. In young, single, and female, toiling twelve
contradiction of the law, the worker's hours a day in garment, electronics and toy
handbook stated: 'When the workers cannot factories. Applying long and flexible labour
do overtime, they have to apply to the hours, while incurring low production cost,
supervisors for a written exemption from and maintaining strict control over working
overtime.' While the workers welcomed the lives, this dormitory labour regime is a new
36

creation in China. Women workers' References


organisations are needed to safeguard
workers' rights in a context where neither Croll, Elisabeth (1985) Women and
state nor capital is a genuine regulator of Development in China: Production and
labour standards. Reproduction, Geneva: International
Labour Office.
Pun Ngai is the President of the Chinese Johnson, Kay Ann (1983) Women, the Family
Working Women Network. She is also an and Peasant Revolution in China, Chicago:
anthropologist teaching at Division of Social the University of Chicago Press.
Science, Hong Kong University of Science andSmith, Chris and Ngai Pun, 'Putting the
Technology. sonpun@ust.hk Transnational Labour Process in its
Place: The Dormitory Labour Regime in
Post-Socialist China', paper presented at
Notes International Labour Process
1 The women workers are recruited from Conference, Bristol, April 2003.
the rural communities, where education, Solinger, Dorothy (1991) China's Transients
training, housing and the general and the State: a Form of Civil Society?,
welfare are provided. The reproduction Hong Kong: Hong Kong Institute of
of the next generation of labour is again Asia-Pacific Studies, the Chinese
shouldered by the rural villages which University of Hong Kong, p.8.
provide surplus labour. Solinger, Dorothy (1999) Contesting
2 No one can change his/her identity Citizenship in Urban China, Berkeley:
except under state planning. In some University of California Press.
cases university graduates were allowed
to change their hukou to work in big
cities, because they were considered
professionals.
37

Being a female
entrepreneur in Botswana:
cultures, values, strategies for success
Peggy Ntseane
This article elucidates a study of businesswomen as they move from owning and managing informal
businesses into the formal economy. The study indicates that business success for rural women in
Botswana is specific to the socio-cultural context. By examining prevalent concepts of patriarchy
and community in our study, we start to see that cultural values frame successful business
strategies. For Botswana women engaged in small business, non-competitive networks, collective
management strategies, and informal cross-border trade are the pillars of sustainable business success.

In response to increasing poverty among informal sector, especially street vending,


women and children, feminist economic most of these small businesses never expand
development theorists have begun to look (Daniels, 1992). They either fail completely or
at the social agency of women in their remain in the initial stage of development.1
respective constraining environments. Post- The limited empirical research on gender
modern economic feminists (Marchand and and development in the context of the
Parpart, 1995) have called for an approach Botswana economy has tended to focus on
to development that will acknowledge modern business-skills training, or the
previously silenced voices, and welcome problems of female entrepreneurs. The latter
multiple solutions in development (Ward, include lack of capital, poor access to markets,
1998; Wolf, 1995; Kabeer, 1994). lack of labour, and competition from men
In Southern Africa, the informal economy who have been pushed out of the formal
is a means of survival for many female- sector by economic recession. Evidence from
headed households, especially those in the programme evaluations (International Labour
urban areas. Activities in this sector include Organisation, 1997) shows that business
agriculture, small manufacturing, transport training alone does not guarantee successful
services, construction and trade, especially entrepreneurship. This paper argues, first,
retail (International Labour Organisation that factors associated with social contexts
1992) and generate employment for urban are very influential in determining women's
people who would otherwise be unemployed success or failure as entrepreneurs. Second,
(Maldonado, 1995). to support women who are trying to break
An increasing number of Botswana into non-female traditional areas like formal
women migrate from rural to urban areas for businesses, development practitioners need
economic reasons. Although about 75 per cent to understand gender differences in the
of these women end up engaging in the context of business strategy.
38

The study Policy on Women and Development in


1996 and its accession to the Convention on
The research study on which this paper is the Elimination of all Forms of Discrim-
based came about because of a wish to ination Against Women (CEDAW) in 1998.
understand how some women learn to However, gender inequality, especially as
move from unemployment in the rural it relates to the business community, has
areas of Botswana to owning successful persisted. Under Botswana law, most
small businesses in an urban setting. The women in urban areas who are married
research questions guiding this study under the 'in-community property option'3
focused on two areas of inquiry. First, what have the legal status of minors. Women
contextual and personal factors facilitate or cannot enter any legal binding contracts
impede the success of women's small without the husband's consent or
businesses? And second, what is the assistance, or register property in their own
common process that a woman in this names (Molokomme, 1994; Grosh and
culture typically goes through to build a Somolekae, 1996). This is likely to have
successful business? negative impacts for the success of married
Methodology women's small businesses. Furthermore,
Thirteen successful small-businesswomen although 47 per cent of all families in
from the cities of Francistown and Botswana are headed by single or
Gaborone in Botswana were selected and unmarried women, women are under-
interviewed in 1999.2 Indicators of business represented in key decision-making
success for this study included increases in positions and have limited control of
annual revenues and investment resources. Cattle is a significant source of
expenditures, increase in the number of income, yet women owned only 14 per cent
employees from one to ten or more, and of all cattle in 1991 (Central Statistics
status movement from an informal Office, 1991). Women comprise 40 per cent
(unregistered) to formal (registered) of all workers in the cash economy.
business. Of these, Chilisa (2001:10) observed that
Participants ranged in age from 28 to 60 'this large proportion of women is
years, while their educational level ranged concentrated in the lower paid category
from three to twelve years of schooling. All and insecure jobs'.
had dependent children, but only four were As in most African societies, patriarchy
married. All had been in business for at least reigns in Botswana, and women who engage
eight years and employed ten or more in businesses are entrepreneurs and domestic
workers at the time of the interview. These servants for their families and society. Their
businesses included retail of agricultural labour is divided between domestic chores
produce (namely, vegetables and fruits), and business management. This has had
small manufacturing (especially sewing and a negative impact on their business
upholstery businesses), small grocery stores, performance, partly because women in the
food take-away, hair salons, and boutiques. informal sector have not benefited from
available training opportunities. Poverty,
The social context of lack of power in the family and politics, and
general under-representation in key decision-
women in Botswana making positions have subjected women to
Botswana has taken steps towards bridging marginalisation and violence. This article
the gap between men and women in the focuses on the strategies used by successful
social, economic, and political fields. This is rural businesswomen to overcome these
evidenced by the adoption of the National constraints.
Being a female entrepreneur in Botswana 39

The process of building a Findings of the study


successful business Two issues were identified in the transition
The study identified a common process process experienced by small business-
which could explain the nature of women's women in Gaborone and Francistown.
success in small business in Botswana. The Patriarchy and community orientation
process commonly begins with non- were cited as the contextual factors to be
normative behaviour. All of the participants overcome, while social responsibilities
traced the emergence and development of were the personal factors. Secondly,
their business idea to a non-normative business success had to be sustained
experience, such as teenage pregnancy, through networking with family members,
dropping out from school, or dysfunctional other businesswomen, and the larger
marriage. This triggered the need for community.
money, since their behaviour had resulted
Contextual factors
in the loss of social support. In the case of Participants in this study agreed that, while
divorced participants, for instance, women women are not powerless, the balance of
mentioned that they were left in a power is overwhelmingly in the men's
financially desperate situation. Faced with favour. Betty's father described her hard
the need for money, participants realised work in this way: 'In Betty, God almost gave
that they had skills acquired from family, me a boy.' Statements like this show that the
observation, or common sense, that they society appreciates the qualities of hard
could use to start a business. All work, intelligence, courage, and economic
participants made a modest start to their responsibility shown by businesswomen -
businesses in the villages, selling very small but men still do not value women.
commodities such as fat cakes, vegetables, All the women had to get permission
and second-hand clothing. This start gave from their husbands, fathers, uncles, or even
them the confidence to organise and brothers to travel long distances to buy or
manage business sales. They then made a sell their business products. Also, because of
move to the city to reach better markets. women's agricultural responsibility for
Participants' businesses expanded in the domestic/family consumption, they perceive
urban areas. In some cases, further growth business outputs and profits as assets for
allowed their businesses to market sustaining the family. Most businesses fail or
products back in the village, providing remain stuck at the initial stage mainly
employment opportunities there. because businesswomen fail to separate
The expansion often exposed them to the business resources from family assets. One
social injustices in their society. Crises and interviewee said, 'My business is a small
challenges confronting them, such as gender grocery store. If I have no money to buy food, we
discrimination, lack of recognition for get from the shop. If my relative's children have
unregistered businesses, and discrimination no food, I have to give them from the shop.'
in funding, had to be resolved in order for The social responsibility of women as
them to be successful in the city. Others caretakers, coupled with legislation that
experienced kidnappings and robbery perceives them as minors or big girls,
ambushes in neighbouring countries while restricted the movements of all participants
on business trips. at the initial stages of their businesses. As
The use of networks was a feature of Nana put it, 'What! Start a business in
achieving success. For example, if a member's Gaborone? No! Being in business - even for
business experienced problems, others single women - is something that you negotiate
would assess the situation and help. with the family, especially fathers and uncles.'
40

Despite the drawbacks, community benefit from government revenues. All


orientation was also described as an described themselves as very persistent
advantage. It involved sharing goods and people with a strong will to take risks: from
services and decision-making processes their experience, success and suffering go
based on group consensus, as explained by hand in hand. As businesswomen they
the Setswana proverb 'Motho ke motho ka suffered rejection by the larger society, for
batho ba bangwe' ('The individual is defined their economic independence did not sit
in a group context'). It is expected that well with men. Mma-Tebbie captured this
people help others in the family or when she said, 'The man that I had an intimate
community. Women were helped by family relationship with for 15 years said I was too
and friends from their villages to settle in the independent to get married, because no man can
city, and female family members assisted control me.'
with child-care so that they could devote While social responsibility motivated the
more time to the business. women to earn a living and create
Sharing among women has laid the employment for other women, persistent
foundation for mutually supportive strategies. resilience was needed to deal with gender
Successful businesswomen whom we inequality.
interviewed rejected the idea of competition,
seeing it as a negative principle. Disadvan- How businesswomen minimise barriers
taged by gender inequalities, they claim they As can be seen, two main factors were
cannot operate individually, unlike their likely to impede success for women in
male counterparts. Almost all women business. These were patriarchal control
mentioned that their success in business and cultural pressure to behave in ways
rests on sharing business ideas and profits, that counter good business sense. Women
teaching and learning from others. Mma- responded to these impediments by non-
Mak said, 'Success is not about making more competitive networking and forming
and more money, but it is about what you can pressure groups.
give to your family, community, and the business Non-competitive networking was des-
to sustain them.' Because of a cultural cribed as relying on one another for both
emphasis on communal survival, business- business and family-related issues. At the
women see their businesses as a means of family level, businesswomen in this study
self-advancement as well as a contribution said they relied on their networks for moral
to society. On a practical level, women also support, free labour, information, and
rely on each other because of their lack of finance. Support was reciprocal, in that the
numeracy and their need for security. business helped the family members
All respondents identified social directly or indirectly and was a first source
responsibility and resilience as the two of employment for family members. As
personal factors crucial for success. They felt Shadi said, 'I train my family members here in
that being a responsible member of a the business before I look for well-paying jobs for
community meant contributing to the them. This is important, because as a family
welfare of their respective communities. member if they mess up you cannot escape the
'Social responsibility' included being a humiliation.'
mentor to other young women. Reciprocal business relationships included
Resilience was required to be assertive giving one another material support. During
with men. Examples cited included moving slow periods of the year, women reported
out of a marriage or telling male officers buying merchandise from one another and
at government finance institutions that providing free labour. They also share ideas
women's businesses were creating employ- about commercial success, problem solving,
ment opportunities and should therefore and future planning. Adherence to community
Being a female entrepreneur in Botswana 41

expectations of women could also become activity, driven by the effects of economic
a strategy of sorts. Some participants liberalisation and by high unemployment in
exchanged business items in kind, in order the region. Participants in this study reported
to be perceived as behaving in a gender- that businesswomen in cross-border trade
appropriate way. deal directly with consumers. Furthermore,
Some women reported that prior to their markets are serviced by female
formal registration of their businesses they networks in host countries in the region, to
had mobilised themselves into pressure minimise the risks associated with female
groups to question unfair laws, harassment, cross-border trade such as rape, theft, and
requirements of commercial banks, and other forms of harassment experienced at
allocation of government tenders. They were customs posts. Businesswomen attributed
also planning to organise to claim more the financial success of their cross-border
access to credit facilities and markets. ventures to female networks which enabled
them to trade goods without using foreign
Informal cross-border trade currencies.
Some women reported that regional Although findings of this study showed
networking took place in Southern Africa limited cross-border trade by successful
or even globally. One respondent explained businesswomen, studies of the informal
that she did not have to carry cash when sector in the region (Muzvidziwa, 1997;
shopping for business in South Africa or Gumbo and Mupedziswa, 1996) have found
Zimbabwe because, through business that it has been very effective in lifting some
networks in these countries, she was able to women out of poverty, because there is
open bank accounts. She said, 'These limited competition from poor men, who
regional networks are crucial for the security of dominate the cross-border wage market
women business in this region.' instead. Unfortunately, women's cross-
Although men in the formal business border trade is not reflected in national and
sector also have local and regional business regional trade statistics, probably because of
networks, for women, collective strategising its informal nature.
and mutual support is a necessity. With
minimal education, lack of resources, and a Conclusion: is success in
lower degree of independence, along with
the need for security, businesswomen need
business a value-free
each other for almost everything. Many activity?
women in similar businesses share venues The pillar of women's small business
but not customers. In the words of one success is seen to be informal, non-
respondent, 'We have to be near each other so competitive networking. Business concepts
that when the younger woman takes her child to are new in the Botswana culture, and there
the clinic I can remain selling for her. It would be is confusion about how to interpret
mean for me to sit here and take her regular competition. However, the findings of this
customers, just because her child is sick. As an study suggest a difference between social
older woman, I cannot travel long distances, but capital in the capitalist business networks
these young people buy vegetables cheaply for me and Botswana women's business networks
in South Africa or Zimbabwe when they travel, in the informal sector. For them, business
and sometimes with their own money. So you networking is about the support that
never know when the other person will return the women in similar businesses can give to
favour.' each other. They do not market products by
According to Sachikonye (1998), cross- lowering prices or improving the quality in
border informal trading is a growing order to compete on price. Unhealthy
42

competition was described as competition Notes


that pushed other women out of business
by not sharing ideas. 'I am able to feed the 1 Mead (1994) found that in Botswana,
whole extended family and have created
Kenya, Malawi, Swaziland, and
Zimbabwe most micro-enterprises that
employment for 18 other women. I have to share
started with one to four people never
the success experience with future mothers of
expanded. Actually fewer than one per
my society.' These findings on non-
cent of small businesses grow to employ
competitive networking support African more than ten workers.
feminist literature which refers to women's
2 Data collected from 13 articulate
need to build on their traditional modes of
businesswomen in 1999 were analysed
organising in order to overcome the legacy
inductively, using the constant
of patriarchy in Africa (Mbilinyi, 1996; comparative method (Merriam, 1998;
Oduol and Kabira, 1995). Dey, 1993). A combination of criteria
Family and cultural values can play a sampling and snowball sampling was
contradictory role in women's business used to compose a sample. The semi-
success, acting as a resource as well as an structured interviews lasted from one to
obstacle. However, successful Botswana two hours and were the major source of
women have been able to use cultural values data for this study. Observation of the
to negotiate or resist patriarchal hegemony business operations recorded in the field
within the family. Participants in this study notes was another source of data.
did not necessarily want their businesses to Follow-up contact through member
grow to medium size, because of the checks also generated supplementary
perceived gender discrimination in the data.
formal sector. Instead, they said they wanted 3 In-community property option means
to share experiences with businesswomen in that a husband and wife each have an
the informal sector so that the process of equal or 50 per cent entitlement of the
development could be made shorter and less property accumulated during marriage
frustrating for other women. at the time of divorce. This is in contrast
These findings have implications for with out-of-community property option,
development practice in the area of support which refers to separate ownership of
for local trade ventures. Through collaborative property during marriage and divorce.
and reciprocal competitive networks, small
businesswomen in Botswana have a chance References
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an Adult Educator and a Sociologist. She is Colonialism: Towards a Framework for
currently working on a research project on Inclusive Research Practices', unpublished
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formative methodology of political Wolf, D.L. (1995) Feminist Dilemmas in
economy in adult education: A critical Fieldwork, Boulder, CO: Western New
Third World feminist perspective', in Press.
P. Wangoola and F. Youngman (eds.)
Towards a Transformative Political Economy
of Adult Education: Theoretical and practical
challenges, Dekalb, IL: LEPS Press.
Mead, D. (1994) 'The contributions of small
enterprises to employment growth in
Southern and Eastern Africa', World
Development 22(12): 1881-94.
44

Look FIRST from a gender


perspective: NAFTA and the FTAA
Marceline White1
Advocates for gender and economic justice have been calling for gender and social-impact
assessments of trade policies for the past seven years. In 2002, Women's Edge Coalition completed a
Trade Impact Review (TIR), an economic and legal framework to analyse the ways in which women
and men may be differentially affected by global trade and investment agreements. In 2003, the TIR
was used to evaluate how the North American Free Trade Agreement (NAFTA) helped or harmed
poor women in Mexico. This paper briefly summarises the TIR, the results of the case study, and the
Women's Edge Coalition's Look FIRST (Full Impact Review and Screening of Trade) campaign to
require the US government to conduct such assessments before completing trade agreements.

The USA has been a leading proponent of Global trade and


free trade, having negotiated more than 300 investment agreements
separate trade agreements and passed five
major pieces of trade legislation since 1992.1 Trade agreements now extend to
As delegates from developing countries agricultural products, services such as the
observed during the WTO meeting in provision of health care, education, and
Cancun, the reality of free trade has not water, and 'trade-related' areas such as
always matched the rhetoric, particularly intellectual property rights, government
for the poor. Many developing country purchasing, and foreign investment. At the
officials noted that before negotiating same time, more detailed rules have been
further trade liberalisation, it is important and are being developed to reduce
to assess where trade has helped the poor, perceived structural and institutional
and where it has hindered them. impediments to trade, including domestic
The effect of trade on women, who make laws and regulations. Over the past two
up the vast majority of the world's poorest decades, there has also been a parallel trend
citizens, must be carefully examined. If trade in many countries to privatise industries
is to benefit the poor, there should be positive and services formerly owned or provided
benefits for poor women, for whom a small by governments. One result is that many
increase in income could have an enormous goods and services that have traditionally
impact. been provided by the public sector are now
increasingly subject to competition from
foreign companies. Moreover, national and
local laws that have been enacted to
promote economic development, human and
labour rights, environmental protection,
Look FIRST from a gender perspective 45

and the empowerment of women and other of trade pacts before ratifying them. Once an
disadvantaged groups may now be agreement is completed, developing
challenged as barriers to trade. countries often cannot afford to change a
Recently negotiated trade agreements commitment, even if circumstances within
also include stronger dispute-settlement the country, such as a financial crisis, health
provisions, which increase the likelihood epidemic, or other critical issue, warrant a
that trade disputes between state parties will change. Yet few governments have attempted
be decided by expert panels, rather than to consider the effects of trade or investment
being resolved through informal means, and commitments on their citizens, or on their
that the panels' recommendations will be own ability to be flexible enough to make
enforced, if necessary, through the with- policy decisions in the public interest.
drawal of trade concessions by the The United States does assess how an
complaining party. Multilateral, regional, agreement may affect workers and the
and bilateral trade rules now have environment, but these analyses consider
significantly sharper 'teeth' than other inter- only the potential economic effects; they do
national commitments, a fact which gives not account for the effect of legal and
state parties a strong incentive to adjust their regulatory changes which may be required
laws and policies to conform to trade-panel to conform to a trade agreement.
decisions, even at the expense of other
international commitments or other
compelling domestic policies. Where state Gender and trade
parties do not comply with trade-panel Women are disproportionately poorer than
rulings, they risk substantial economic loss men, as a result of social and cultural
from the withdrawal of trade concessions discrimination which limits their access to
(Gammage, Jorgensen, McGill, and White, education, technological training, credit,
2002). and land. In addition, women are not hired
As the purview of trade agreements has for many jobs for which they qualify; they
expanded, so too have the concerns of civil are considered 'secondary' wage earners
society organisations. Trade agreements (unlike men, who are considered to require
now affect areas of concern that once seemed higher wages as 'primary' wage earners).
far removed, such as environmental Women often obtain less pay than men for
protection, labour rights and working the same or similar types of jobs, and are
conditions, sustainable development, and usually the last workers hired and the first
gender equality. fired. Women of child-bearing age may be
discouraged from seeking certain types of
job, or jobs in certain sectors that are
The need for social-impact considered inappropriate for pregnant
assessments women. In parts of rural Asia, North
Trade agreements are negotiated by Africa, and the Middle East, women's
government trade representatives with mobility is limited after puberty and before
little input from civil society groups. The the menopause. It is not considered
trade negotiators may have economic or appropriate for women to travel alone or
legal expertise, but they often lack without the accompaniment of a male
understanding of the direct and indirect relative. Furthermore, many women are in
impacts of their negotiations on the lives of the labour market for fewer years than
the poor. men, entering and leaving employment
Policy makers need access to information more frequently than men in order to care
about the potential benefits and drawbacks for children and older family members.
46

In addition, women still do the bulk of lives by contributing to changes in


'reproductive' work (work concerned with infrastructure, government provisioning of
the care and upbringing of children) and this services such as health care and education,
invisible work means that they have less and a reduction in trade tariffs which may
time to gain new job skills, or seek new jobs. alter a government's budget and spending.
This undervaluing of women's labour also Trade agreements may both create new
translates into an inability to command gendered effects - such as creating new jobs,
equal wages for equal work. Moreover, for example in export-processing zones,
many women work in the informal economy, where women are the preferred employees -
in part because it enables them to combine and perpetuate or exacerbate existing gender-
income-generating opportunities with their based discrimination. For this reason,
household responsibilities. Because of women's advocates have been calling for
women's primary role as care-givers, their gender and social assessments of trade
consumption patterns may differ from those agreements for the past six years.
of men. Household resources, including Governments have been loathe to carry out
food, may be prioritised for wage earners, such assessments, arguing either that the
frequently men or boys. Furthermore, gendered impacts of trade are a social issue
changes in the price of food, education and therefore unrelated to trade, or
expenses, or health care provision may acknowledging that women are differentially
affect women more than men. When prices affected by trade and investment agree-
rise or service provision declines, women ments, but stating that they do not know
may be required to compensate by how to conduct such an assessment.
expanding their role as care-givers.
Finally, race, class, ethnicity, and geography affect The Trade Impact Review
the ways in which women participate in the local,
Women's Edge Coalition, a US-based
national, or global economy. Different job
coalition working on gender, development,
opportunities are available for women in urban
and global trade policies, developed a
and rural areas. Poverty-stricken urban women
Trade Impact Review (TJLK) to examine how
may find work as domestics or in export-
trade agreements can affect gender and
processing zones, while rural women often work as
development issues - including economic,
agricultural workers or in the informal sector.
social, cultural, and legal and regulatory
Their location determines the number and kinds of
frameworks, agreements, and policies.
employment options available to them. Indigenous
The goal of the TIR was to prove that a
women often face additional socio-cultural barriers
framework could be developed which used
to participation in the global economy. In Chiapas,
readily available data and indicators, relied
Mexico, for example, 58 per cent of indigenous
on studies that had been conducted, and
women aged 40-44 spoke only their indigenous
(even if only partly completed) would
language, compared with 22 per cent of
provide policy makers with more
indigenous men. The inability to communicate in
information about how trade may have
Spanish limits these women's ability to find
different consequences for poor men and
employment (Cunningham and Cos-Montiel,
women. The hypothesis is that policy
2003).
makers, armed with this information, can
In summary, trade agreements may change trade commitments which have
directly change the types of work available demonstrably harmed the poor before
for women, the conditions of work, and the further agreements are entered into.
wages for work. Moreover, trade The TIR framework was developed by
agreements may indirectly affect women's two economists, a trade lawyer, and a policy
Look FIRST from a gender perspective 47

advocate, and reviewed by a panel of The TIR includes a matrix which is


development experts, economists, trade organised sectorally so that a trade policy
lawyers, and NGO leaders working on maker in charge of agriculture negotiations
trade. It does not assume that trade will could review key studies, indicators,
harm or benefit poor women. The TIR questions, and legal issues in order to gauge
framework assesses the direct and indirect potential impacts of trade agreements on
economic effects of a change in trade or women prior to the completion of a trade
investment policy, as well as the legal and agreement.
regulatory changes or conflicts that a new
trade policy may pose.
The 'Look FIRST'
The TIR differs from other gender assess-
ments in that it includes both economic and campaign
legal / regulatory analysis. The economic frame- The TIR is the centrepiece of the Women's
work clearly illustrates that a policy change Edge Coalition's 'Look FIRST' (Full Impact
can set into motion a series of other economic Review and Screening of Trade) campaign.
changes that directly affect the livelihoods The goal of the campaign is to achieve the
and well-being of women and men in the enactment of legislation requiring the US
global South and the United States. government to conduct a TIR before
The legal and regulatory section of the completing bilateral, regional, and multi-
framework employs both a content analysis lateral trade agreements.
and a conflict analysis, to ascertain possible The proposed legislation requires the
gender-differentiated effects of trade and National Academy of Sciences (NAS), an
investment agreements. Looking at the independent research institution which often
content of a trade or investment commit- conducts studies for the US Congress, to
ment itself, policy makers should consider conduct the reviews. The NAS is considered
whether it contains any overtly gender- a non-partisan body. Congress cannot influence
biased provisions. Another way to analyse the selection of personnel assembled to conduct
the content of a commitment is to consider the TIR. The NAS works collaboratively with
whether gender-neutral provisions might similar organisations in other countries.
affect women differently. Finally, the analyst In addition to providing new analysis
should consider whether the imple- about how a trade commitment may affect
mentation or enforcement mechanisms of the poor, the legislation also states that
the agreement could disadvantage women stakeholders such as gender and trade
(Gammage et al., 2002). experts, development experts, academics,
A conflict analysis would consider the indigenous group leaders, NGO leaders
possible interactions between proposed from other countries, and state and local
trade or investment commitments and the officials should be among the group selected
laws relevant to women in a particular to conduct the TIR.
country, including the array of formal and
informal laws and norms that determine
women's status and rights. For example, Research findings
could the implementation of a trade or After developing the TIR, the next step of
investment agreement undermine a trading the Look FIRST campaign was to conduct a
partner's international commitments, such pilot case study to demonstrate the TIR's
as those listed under the Convention on the utility. Then the TIR and case-study results
Elimination of All Forms of Discrimination would be discussed with the media, policy
Against Women (CEDAW), or constitutional makers, legislators, and officials in the US
or statutory guarantees of gender equality? administration.
48

After ten years' experience of free trade the Mexican government to reduce price
under the North American Free Trade supports for domestic farmers and
Agreement (NAFTA), a trade agreement consumers and to reduce import restrictions.
between the USA, Canada, and Mexico, Small farmers were forced to compete with
Mexico was an ideal country to analyse in cheaper, imported crops from the USA.
terms of how new trade rules affect the poor, Farmers in the USA were able to benefit (and
and to forecast what deeper trade continue to benefit) from economies of scale
liberalisation under the FTAA would mean as well as government subsidies.
for them. Working with a Mexican Although NAFTA provided for a 15-year
economist who helped to develop the TIR, period in which to eliminate quotas for
and Mujeres Para Dialogo, a Mexican imported corn, Mexico eliminated its corn
women's NGO, Women's Edge Coalition quotas within 30 months, because the
conducted a case study of the economic and government thought that it would be less
legal effects of NAFTA, and the potential expensive to purchase corn from the USA
impacts of the FTAA in Mexico. and because it believed that small corn
The agricultural sector was the focus of producers would find new employment
the report. In Mexico, the majority of the generated by NAFTA. In reality, small
poor are rural, subsistence farmers. Today farmers could not compete with the
25 million people live in Mexico, and subsidised US imports and were unable to
approximately 20 per cent work in the find comparable jobs in rural areas where
agricultural sector, where wages are lower they lived. Real corn prices fell more than 70
than in other sectors and poverty rates per cent (from 732 pesos in 1994 to 204 pesos in
higher.2 Yet women own less than 20 per 2001) since NAFTA began. Families are
cent of all farmed land. Furthermore, when living on an income that is one-third of what
women do own land, they tend to own much they earned in 1994.
smaller parcels than men. In 2000, 56 per The fall in corn prices did not benefit
cent of women farmers owned less than 2 urban consumers either. The government
hectares of land, whereas 35 per cent of male eliminated subsidies for tortilla mills, and
farmers owned similarly small parcels. Most prices rose by 50 per cent in Mexico City and
women tend to use these small plots to grow by even more in rural areas.3
food for their families' consumption and sell More than 1.3 million subsistence
the excess. With such small farms, women farmers left the sector when they could no
farmers do not own enough land to grow longer afford to farm. Wages fell dramatically.
crops for export. Therefore 56 per cent of Monthly income for self-employed farmers
women farmers cannot take advantage of fell from an average of 1,959 pesos in 1991 to
the Mexican government's plan under 228 pesos in 2003 (White et al., 2003).
NAFTA to grow crops for export (White, For households headed by women, it
Salas, and Gammage, December 2003). was even worse. Quantitative analysis of
Proponents of NAFTA argued that the national gender-disaggregated data revealed
agreement would increase industrialisation that poverty increased by 50 per cent in the
in Mexico and make the agricultural sector poorest, female-headed households between
more productive and efficient. Inefficient 1992 and 2000 (ibid.). This may be due to the
producers would find other employment, fact that in rural areas, women heads-of-
perhaps in the export sector, producing or households have fewer marketable skills
processing vegetables, fruits, nuts, and and many of them enjoy lower education or
coffee destined for the USA. Yet for employment opportunities than men.
subsistence producers the actual outcomes For the very poor, poverty increased in
were devastating. NAFTA rules required urban areas as well. Between 1990 and 2000,
Look FIRST from a gender perspective 49

men's average wages fell by 256 pesos, while households. Women cut back on food and
women's fell by 76 pesos over the same began to purchase more food at cheaper,
period. However, women with a primary roadside stalls. Families reduced the amount
education had already been earning far less that they were spending on food, health care,
than men with similar educational back- and clothing. Despite these cutbacks, families
grounds. Men's lowest wage of 701 pesos was struggled to maintain their standard of
still 67 pesos more than women's highest living. In 1980, one ton of corn would
wage during that period. purchase 6.1 baskets of basic goods; but by
To compensate for falling incomes, more 2000, one ton of corn would purchase only
women entered the workforce. Quantitative 2.4 baskets of basic goods. The fall in prices
analysis of household survey data showed is, of course, linked to the Mexico govern-
that in 2000, among the poorest families, ment's agreement to cut subsidies for corn
more people had to work to earn the same and beans and accelerate the elimination of
amount as the family had made in 1992. In quotas for imported corn.
fact, the numbers of homes with three or Finally, the economic analysis forecasts
more income-earners almost doubled what jobs will be lost or gained in Mexico if
between 1992 and 2000 (ibid.). Women's the Free Trade Area of the Americas (FTAA)
workloads increased as they worked outside is ratified. The FTAA is a hemisphere-wide
the home, while having to maintain their trade agreement which would extend NAFTA
household responsibilities. rules to all countries in North America,
Some women gained jobs in the non- Central America, and South America, as well
traditional agricultural export (NTAE) as the Caribbean. Mexico would compete for
sector, processing fruits and vegetables for the US market against other large economies,
export. Estimates for 2000 estimate total such as Brazil and Argentina. The quanti-
employment in this sector at 1,847,680 jobs, tative analysis forecast what employment
representing an approximate increase of gains and losses Mexico might expect if
329,555 jobs since 1994, or 20 per cent of pre- current job trends continued. If current
NAFTA employment in the sector. Between employment trends continue, the best-case
1994 and 2000, women gained 83 per cent scenario is that 350,000 more jobs will be lost
of the new jobs in this sector, but earned in a five-year period. In a worst-case
25-30 per cent less than men in comparable scenario, this number could rise to 750,000.
jobs. These jobs tend to be labour-intensive, As mentioned earlier, the TIR examines
requiring women to be on their feet both the economic effects of a trade agree-
all day, performing repetitive movements ment and the legal and regulatory effects.
(Cunningham and Cos-Montiel, 2003) but The Mexican case study examines the effects
they may be an improvement on work in the of NAFTA laws on women's rights,
informal sector. Other women gained jobs in indigenous rights, and social and cultural
the export-processing industry, sewing rights, and it suggests areas where the FTAA
garments or assembling electronic com- may improve or conflict with Mexican laws
ponents for export to the USA. However, and covenants. The TIR found that under
these jobs are precarious, low-waged, and NAFTA gender-specific labour laws on
do not enable women to pull themselves out matters such as non-discrimination and
of poverty (Corporate Watch, 1999). Now, equal-pay standards were given secondary
many of those maquila jobs are leaving status in the North American Agreement on
Mexico and going to China, where the wages Labour Cupertino (NAALC) (Concha,
are lower. Espinosa, and Martinez, 2004). This means
In urban areas, between 1992 and 2000, that Mexico cannot convene a panel or
consumption patterns changed among poor withdraw trade benefits if women workers'
50

rights are violated. Given that there have is to date no appropriate legal mechanism in
been well-documented cases of sexual IPR to protect significant designs and
harassment and forced pregnancy-testing in symbols that belong to entire indigenous
the export-processing zones, this oversight cultures.
is a serious concern (ibid.). Women working Because indigenous knowledge is not
in export-processing zones have no avenue protected, corporations could patent flora
to redress their grievances if the corporation and fauna found in bio-diverse regions in
or individual that owns the factory is foreign. Latin America which indigenous groups
The case study also found that neither have used for centuries. The indigenous
NAFTA nor the FTAA recognised the groups would not receive any profits from
constitutional guarantees of indigenous their knowledge.
peoples. The Convention on Biological Similarly, corporations could patent
Diversity (which Mexico signed) states that indigenous designs used on ceramics,
'Each Contracting Party, as far as possible woven items, or sewn items and not
and appropriate, shall introduce appro- compensate indigenous groups. This is a
priate procedures requiring environmental critical issue for indigenous artisans.
impact assessments of its proposed projects Women handicraft producers who make
that are likely to have significant adverse and sell their textiles, jewellery, and
effects on biological diversity with a view to ceramics locally and globally comprise 70
avoiding or minimising such effects and, per cent of craft workers in Latin America.5
where appropriate, allow for public Crafts production celebrates indigenous
participation in such procedures' (ibid.).4 culture and enables women to earn an
Despite the important role that indig- income while they are caring for their
enous people play in protecting and caring children and maintaining their households.
for biodiversity zones and fragile flora and Mass-produced, cheaply made imitation
fauna, the Mexican government has not baskets from China have already harmed
conducted environmental-impact assess- the livelihoods of 20,000 Taharumara
ments for the FTAA, nor consulted with Indians in northern Mexico.6 The vast
indigenous groups in any meaningful way majority of Taharuma Indian weavers are
about the potential impact of the FTAA on women, whose craft sales supplement their
their lives or on the environment in which family's agricultural income.
they live.
Furthermore, the legal analysis showed Using the research
that the Intellectual Property Rights section
of the FTAA conflicts with the protection of Using the TIR framework, Women's Edge
traditional knowledge. The Mexican Coalition, in collaboration with a Mexican
government has committed itself to the economist and women's group, was able to
protection of traditional knowledge of show that NAFTA affected men and
indigenous groups (ibid.). Yet the proposed women differently. Realistic policy
text on intellectual property in the FTAA recommendations flow from the TIR,
grants exclusive rights to one owner of an including exemptions for small, subsistence
idea, pattern, or other knowledge for up to farmers under NAFTA and in the FTAA;
20 years (White and Spieldoch, 2003). The increased training programmes for
text does not recognise community and/or displaced farmers; increased investments
indigenous ownership of knowledge. in education and adult education; and
Knowledge of certain plant uses, craft market creation for niche products and
production, and traditional music or fairly traded products. The case study also
folklore is passed down from one generation demonstrated that the TIR could be done
to the next within a community (ibid.). There quickly and inexpensively. With only
Look FIRST from a gender perspective 51

$150,000 and a time period of six months, a tool for development. A thorough analysis
Women's Edge Coalition was able to of how they may affect poor women could
conduct the TIR in Mexico. yield policy recommendations which would
Women's Edge Coalition and Mujeres enable women to benefit from trade. The
Para Dialogo held a briefing for Members of Look FIRST campaign could lead to
Congress about the results of the case study. outcomes such as niche marketing for
Staff from more than 50 offices attended the products grown and processed by women;
meeting. The case study was also presented an increase in purchases of fair-trade
to staff at the US Department of State and US products, particularly crafts and commodities
Agency for International Development. In produced by women's co-operatives;
addition, Women's Edge Coalition gathered increased support for adult education and
4,000 letters addressed to Bob Zoellick, the retraining programmes for women who
chief negotiator for trade in the USA, have been displaced by trade; and a more
requesting that the TIR be systematically sustained analysis of the quality of work
used to assess the gender and social- available to poor women, as well as the
development impacts of all future trade number of jobs available to them.
agreements.
Marceline White directs the Global Trade
The organisation is in the process of
Program at Women's Edge Coalition. She has
introducing the Bill into Congress and
developed and written the gender analysis of the
building organisational and grassroots
FTAA for a hemispheric coalition working on
support for the 'Look FIRST Act of 2004'. In
regional trade agreements. She also has
the meantime, the case study and TIR have expertise in the areas of women's work in the
already affected policy. In a concession to US maauiladoras in El Salvador; refugee women
women and development groups, the Office and reproductive health; and women and
of the US Trade Representative (USTR) has political organising in Central America.
agreed to disaggregate the labour analysis of www.womensedge.org
the US-Chile agreement, as well as the
Central America Free Trade Agreement
(CAFTA). This was completed in July 2003. Notes
The CAFTA analysis, scheduled for com- 1 Ambassador Charlene Barshefsky, US
pletion in April 2004, should include some Trade Representative: 'Toward the Free
discussion of women's rights and working Trade Area of the Americas: The Record
conditions in export-processing zones and and Future of Hemispheric Integration',
flora culture. Council of the Americas, Washington
Although the proposed legislation does DC, 2 May 2000.
not promote a particular perspective on 2 Secretaria del Trabajo y Prevision Social
trade, some ardent proponents of free trade (2000), Estatistical Laborales, Cuarto
believe that anything which slows down a Trimestre 2000, Coordination General de
trade agreement is bad, even if it does Politicas, Estudios y Estadisticas del
provide more facts and insight into the Trabajo, Mexico.
potential effects of the agreement. 3 'Tortilla Price Hike Hits Mexico's
If it is passed, we hope that the 'Look Poorest', Washington Post, 12 January
FIRST Act' and the TIR will create a process 1999.
in which broader questions of the impact of 4 The Convention on Biological Diversity,
trade are deliberated and resolved by a wide Article 14. Impact Assessment and
range of stakeholders, rather than just a few Minimising Adverse Impacts, on the
trade negotiators. Then, perhaps, trade worldwide web:
agreements really will be crafted to serve as www.biodiv.org / convention / articles.
52

5 'The Craft of Sustainable Development', Gammage, Sarah, Helene Jorgensen,


Americas, Washington: Organisation of Eugenia McGill, with Marceline White
the American States, 1999. (October 2002) 'Trade Impact Review',
6 Carlos Coria Rivas: 'Pirated handicrafts Washington DC: Women's Edge
put Tarahumaras in danger', The Miami Coalition.
Herald, International Edition, 2 White, Marceline, Carlos Salas, and Sarah
September 2003. Gammage (November 2003) 'Trade
Impact Review: Mexico Case Study,
NAFTA and the FTAA: A Gender
References Analysis of Employment and Poverty
Concha, Leonor Aida, Rocio Corral Impacts in Agriculture', Washington
Espinosa, and Miriam Martinez (2004) DC: Women's Edge Coalition.
'Trade Impact Review: Legal and White, Marceline and Alexandra Spieldoch
Regulatory Analysis of NAFTA and the (January 2003) 'Analysis of the Free
FTAA on Women's Rights', Washington Trade Area of the Americas Text from a
DC: Women's Edge Coalition. Gender Perspective', Washington DC:
Corporate Watch, www.corpwatch.org, Hemispheric Social Alliance.
30 June 1999.
Cunningham, Wendy and Francisco
Cos-Montiel (2003) 'Crossroads of
Gender and Culture: Impediments to
Development in Chiapas, Guerrero, and
Oaxac', The World Bank.
53

Are trade agreements with


the EU beneficial to women
in Africa, the Caribbean,
and the Pacific?
Karin Ulmer
Economic Partnership Agreements (EPAs), currently being negotiated between the European
Union and 77 African, Caribbean, and Pacific (ACP) countries, are due to enter into force in
January 2008. These talks come under the umbrella of the 2000 Cotonou Partnership Agreement,
which sets out a clear and specific commitment to gender equality. Despite this, gender issues are
conspicuous by their absence from the 'hard' areas of the negotiations, such as trade and regional
co-operation. In order to estimate the likely impact of future trade agreements on poor women and
men, a more systematic approach to trade policy negotiations and to capacity building in ACP
countries is required.

The Cotonou Partnership Agreement capacity building of women's organisations


differs significantly from the Lom6 and civil society groups more generally, to
Convention, which it succeeded. Although ensure them a voice in trade policy making.
it still contains a commitment to reduction Given the political events in Zimbabwe,
and elimination of poverty, there is a advocacy positions since the research have
stronger emphasis on integrating the not been further formulated. However, a
African, Caribbean, and Pacific (ACP) number of aspects of the Zimbabwe case
states into the global economy. The study are relevant to women in other ACP
Economic Partnership Agreements (EPAs) countries, as well as to policy makers and
are designed to speed up this process by trade negotiators. The findings of the
reducing or ending preferential treatment APRODEV study have also been used to
of ACP exports to the European Union provide input in the EU's Sustainability
(EU), and between ACP countries Impact Assessments and have provided
themselves. background information for discussions on
The second key aspect of the Cotonou EPAs and women in West Africa.
Partnership Agreement is that civil society is
to be informed and consulted about
decisions on aid, and the economic, social, What's new about
and institutional reforms that the EU intends Economic Partnership
to support. It is in this area that APRODEV1 Agreements?
and other non-state actors can play a vital
role in helping to shape policy. The current EPA negotiations are not
APRODEV's Zimbabwe case study simply about future conditions of access to
(Mugabe, Okore, and Ulmer 2002) identified the EU market, but about extending
the likely effects of EPAs and argued for exclusive trade preferences to the EU.
54

Even though ACP countries have agreed to preferential arrangements with the EU. For
engage in these talks, they remain example, between 1980 and 1997, prior to the
uncertain about how far EPAs will benefit current economic crisis, Zimbabwe was one
their economic transformation, or affect of the most successful ACP countries in
their competitiveness once free trade taking advantage of improved access to the
arrangements are in place. There is some EU market. From 1992 to 1996, Zimbabwean
suspicion about how 'free' the trade agricultural and horticultural exports rose
arrangements will be, given the distorting by 35 per cent. In 1998 the sugar sector alone
effects of agricultural subsidies under the saw an estimated income transfer to
EU's Common Agricultural Policy (CAP). Zimbabwe of more than 18 million euro, an
There is also a widespread fear that amount greater than the annual aid
rejection of the EU's proposals may mean allocation to Zimbabwe under the Lome1
that they risk losing all or part of their aid Convention (Netherlands Economic Institute
allocations. Study 2000).
The EU wants EPA negotiations to go APRODEV has raised concerns over the
beyond tariffs and trade, to include a wide ability of the new EPAs to contribute to the
range of trade-related issues such as eradication of poverty. They could instead
tourism, financial services, telecommuni- result in free trade which benefits the EU,
cations, competition policy, intellectual but produces very few long-term advan-
property rights, labour standards, and tages for the ACP countries. These countries
consumer policy. The European Commission start from a low base: an unhealthy and
has explicitly said that it wants discussions poorly trained workforce, inadequate
to go beyond existing WTO commitments. transport infrastructure, and weak institu-
tional and policy frameworks. They are
But virtually all ACP governments lack the
vulnerable to agreements with the
capacity to take up this negotiating
developed world which are not in the
challenge.
longer-term interest of their people,
especially women, who are the backbone of
From a one-way to a agricultural production.
two-way street It is vital that existing sub-regional
initiatives in Africa continue to be the basis
The European Commission strongly for economic development. As it is not a
favours a radical transformation of ACP-EU 'level playing field', ACP states need to
trade relations, from a system of non- develop tough negotiating strategies, and to
reciprocal to reciprocal trade preferences. co-operate much more closely with one
This means that the EU will have another. Under the Southern African
preferential access to ACP markets, while Development Community (SADC) agree-
goods from ACP countries have preferential ment, for example, Zimbabwean food
access to EU markets. The Commission producers have free access to the large South
favours this shift because it wants to ensure African market. It will be difficult for
that future ACP-EU trade relations are Zimbabwean food exporters to compete
compatible with WTO standards. It claims with EU products once the EU also has free
that under the previous arrangements ACP access to the Southern African markets in
countries have failed to deliver better 2010, as stipulated in the EU-South Africa
industrial or trade outcomes, or to achieve Trade Agreement. This is a strong incentive
development objectives. for Zimbabwe's food-processing industry to
It is not entirely accurate, however, to become competitive with the EU over the
claim that the ACP countries' development next few years. However, it remains to be
objectives were not addressed under seen whether or not this can be achieved.
EU trade agreements and women in Africa, the Caribbean, and the Pacific 55

What's in it for women? 1997). A 2002 Review of EU Country Strategy


The case of Zimbabwe Papers and aid allocations concluded that
gender mainstreaming was hardly taken up
If official negotiators on both the EU and in country analysis or strategies in vital
ACP sides focus only on macro-economic sectors such as transport, food security, and
and political implications of trade, they rural development (European Commission
could fail to address the implications for 2002).
different social and economic groups. As
has happened in the past, the burden of The example of value-added food
EPA reforms could fall heavily on women. processing
In Zimbabwe, the 1990s Economic and In Zimbabwe, agriculture is not only
Structural Adjustment Programme (ESAP) essential to individual survival but also the
resulted in some negative trends for backbone of the economy. It provides 45
women. Women's employment in the per cent of the country's exports, 60 per
formal sector declined by 9.5 per cent in the cent of all raw materials used by its
first year, and only 6 per cent of jobs industry, and employment for 70 per cent
created under employment schemes went of the population. Seventy-one per cent of
to women, with only 11 per cent of loans the total female population gains employ-
going to small and medium-sized ment from the farming of communal areas.
enterprises (SMEs) (ZWRCN, 1998). SMEs Women comprise 70 per cent of small-
have proved to be an important area for the holder grain farmers, and maize is an
economic and social empowerment of important source of household cash income
women world-wide, but greater liberal- for them, as well as being a basic crop for
isation under EPAs may reduce their household food security (Statistical Bulletin
capacity to compete with foreign goods and 2001).
services. The 'value-added' food industry in
Women are seriously disadvantaged by Zimbabwe is an important part of the
restricted access to productive resources and industrial sector and an important market
gaps in training and technology transfer. In for locally produced agricultural products.
Zimbabwe, most households are headed by A wide range of food products is produced,
women, and 74 per cent of these are poor, including breakfast cereals, biscuits, milk-
whereas 54 per cent of households headed and sugar-based products, canned fruit and
by men are regarded as poor (Ministry of vegetables, and a wide variety of processed
Public Service 1995). Eighty per cent of the meat products. These industries absorb a
rural population depends on agriculture, significant proportion of the locally produced
and women farmers are doubly disadvan- agricultural products from both communal
taged. Women are allocated the worst and and commercial farmers. Communal farmers
smallest pieces of land, and only 11.8 per (largely women) supply the local food-
cent of all land is controlled by women. processing industry with maize, cotton,
Women access only 19.8 per cent of available peanuts, sunflowers, and paprika, while
oxen and 23.3 per cent of available credit to commercial farmers supply sugar, soya
purchase seeds and fertilisers (ZWRCN beans, wheat, and pigs.
1994). The EU's Common Agricultural Policy
In general, past experiences of ACP-EU reform in the cereal sector has reduced EU
co-operation show that gender inequality cereal prices by 45 to 50 per cent since 1992. It
has not been addressed. A1997 review of 24 has also led to an 18 per cent expansion of EU
EU-funded development projects in ACP cereals production and cereal-based exports
countries found that 21 in no way addressed from 1991 to 2000 (European Commission
gender inequalities (European Commission 1992-2000). The CAP reform process will
56

affect the market conditions facing ACP have found improved labour conditions
producers of competing products, and this beneficial to production efficiency and
in turn will affect their incomes at different financial returns. This case demonstrates that
stages of agricultural production, processing, fairer labour practices have the potential to
and marketing. The impact is likely to be felt bring social and economic gains at the house-
most heavily by women. hold level, while making sound commercial
Any trade arrangements which allow the sense. The research found that any loss of
import of cheap subsidised maize or other preferential access to the EU market in the
cereal at prices which undermine local cut-flowers sector will adversely affect
prices are likely to depress rural household women. Future trade arrangements should
incomes. Free trade in maize, cereals, and secure and maintain favourable conditions
related products needs to be carefully of access to the EU market.
structured to maximise income oppor-
tunities for women in rural areas. Cereals Threat to new regional export
and cereal-based products would need to be opportunities
subject to special trading arrangements, Under the current SADC protocol,
safeguard mechanisms and special protocols, Zimbabwe's sugar industry can exploit the
as with the SADC Free Trade Area. Free protected and high-priced refined sugar
trade with the EU is hugely distorted by market, with positive spin-offs in terms of
subsidies to EU farmers. In the case of female employment. Women are predom-
Zimbabwe, as with other ACP countries, inantly employed in the packing operations
there is a real danger that the deals on offer for refined sugar. Zimbabwe is potentially
will damage regional food-processing a competitive exporter to the Eastern and
industries, and women will bear a Southern African (ESA) market for value-
disproportionate cost. added sugar products. Should free trade
with the EU be introduced in the sugar
Ethical trade makes sound commercial sector, this could pose a real threat to the
sense expansion of Zimbabwe's refined sugar
The Zimbabwe case study also looked at exports to the Southern and Eastern
the expansion of the cut flower sector African region.
under current preferential access to EU Under current CAP reform, European
markets. In this sector, 83 per cent of the producers in these sectors receive direct aid,
permanent workforce and 90 per cent of which results in lower prices for their sugar
the seasonal workforce are female (Okore and beef. European agro-business and
2001). These women have been the exporters will be most likely to benefit from
principal beneficiaries of improvements to low prices and increased exports to ACP
wages and working conditions resulting markets. In the face of this competition,
from preferential market access to the EU. Zimbabwe may not be able to take
Cut-flower producers and exporters got advantage of opportunities to export sugar
together to ensure compliance with quality and beef to regional markets, and women
standards and created a body to uphold the will lose opportunities for employment in
principles of the 'Agricultural Ethics value-added products in the beef sector.
Assurance Association of Zimbabwe',
which covers about 31 per cent of the The need for informed,
workers of this sector. This ethical trade
initiative has supported improved labour gender-aware policy
conditions for women working on farms. The ACP-EU trade agreements need to
With premium prices being paid in the EU incorporate an understanding of the
for 'ethically produced' flowers, the growers constraints faced by women that make it
EU trade agreements and women in Africa, the Caribbean, and the Pacific 57

difficult for them to benefit from trade References


arrangements. These include low levels of
technical capacity and funds, as well as European Commission (2002) 'Assessment
infrastructure and market standards which of Country Strategy Papers with
currently limit or inhibit women's capacity Reference to Gender', Brussels: EC.
to engage with trade opportunities. European Commission, Directorate General
The implications of trade distortion for Agriculture (1992-2000) 'Agricultural
resulting from EU agricultural subsidies also Situation in the European Union',
need to be recognised, and sensitivity to Successive Annual Reports 1992-2000,
existing local and regional markets needs to Brussels: EC.
be reflected in agreements. To take the European Commission (1997) 'Integrating
Zimbabwean example, future trade agree- Gender Issues in Development
ments relating to maize could ensure that Cooperation: Progress Report 1997',
income opportunities for women in rural Brussels: SEC (97) 2067.
areas are maximised, not lost. Ministry of Public Service, Labour and
As a signatory to the Millennium Social Welfare (1995) Survey, Harare,
Development Goals, the EU has committed Zimbabwe, Central Statistical Office.
itself to halving the number of people living Mugabe, N., M. Okore, and K. Ulmer (2002)
in extreme poverty in developing countries 'EPAs - What's in it for Women?
by 2015. Future trade regimes will have to be Women in Zimbabwe: Issues in future
measured against this objective. Improved trade negotiations with the EU',
access to the EU markets is of benefit to the Brussels: APRODEV.
huge female workforce in ACP countries, Netherlands Economic Institute Study
especially in agriculture. It is therefore (2000) 'Evaluation of the Common
essential that the progressive opening up of Organisation of the Markets in the Sugar
international markets takes into consid- Sector', CEC, Annex A3, Rotterdam.
eration the impacts on women. If future Okore, M. (2001) 'Survey: Aggregated Data
ACP-EU trade arrangements do not based on Individual Farm Report Sheets
improve the position of women, then they from the Agricultural Ethics Assurance
do not materially improve the situation of Association of Zimbabwe' (unpublished),
the poorest people. Harare, Zimbabwe.
Karin Ulmer is the Policy and Gender officer at Statistical Bulletin (2001) Harare,
APRODEV, where she has worked since 2000. Zimbabwe: Central Statistical Office.
In that time she has worked on the gender/social ZWRCN (Zimbabwe Women's Resource
impact of the EU-ACP trade negotiations Centre and Network) and the Southern
(EPAs) and EU gender mainstreaming policies African Research and Documentation
and practices, karin@aprodev.net Centre (1994) 'The Gender Dimension of
Access and Land Use Rights in
Zimbabwe', Harare, Zimbabwe.
Notes ZWRCN (1998) 'Beyond Inequalities:
1 Association of World Council of Women in Zimbabwe', Harare,
Churches related development Zimbabwe.
organisations in Europe, a network of
17 major development organisations
in Europe.
58

TRIPS and biodiversity:


a gender perspective
Suman Sahai
Gene Campaign is a movement involving organisations across Asia, working towards food and
livelihood security for rural and tribal communities. It is deeply concerned about the negative
impacts of privatisation on genetic resources through patenting and intellectual property rights.
Biological resources are the mainstay of the livelihoods and local economies of communities in
developing countries. Ensuring access to these resources is essential to their being able to engage in
self-reliant growth. Women who are closely involved with the maintenance of biological resources
are also its most sophisticated users, in feeding and looking after their families. The privatisation of
these resources would undermine the ability of women to care for their families and seriously
jeopardise the health and security of rural and tribal populations.

Traditionally, women have played an controlled by women. The trend towards


important role in managing the genetic monocultures and cash crops in a high-input,
diversity in their ecosystems. Their role has intensive agriculture system, to produce
included harvesting carefully and allowing crops on contract for urban and export
regeneration, so that the resource base is markets, is having a negative impact on
sustained over generations. In many Asian women's role in domestic and local arenas
societies, field operations like ploughing (NGO Women's Forum 2002).
and marketing are done by men, and the
selection and storage of seed, planting and
weeding in fields, by women. Women
Women and the
generally use their knowledge of natural conservation of biodiversity
and biological resources to satisfy multiple Communities often have well-defined
household needs. They breed well-adapted gender roles that apply to the work
varieties and develop sophisticated farming involved in plant and seed selection and
systems, using a range of crop varieties, to storage. Traditionally women in Asia often
ensure food and nutrition for the family. use a variety of indigenous plants, trees,
Their access to and use of genetic resources and animals, and they have a direct stake in
is unhindered, and they succeed in making conservation. Women tend to take a lead
effective use of them for food, fodder, role in preserving and conserving crop-
medicine, and other essential products lands, forests, and other natural resources
(GTZ 2002). for perpetual use, while men are more
The transformation of agriculture to meet likely to be involved in converting these
the needs of a globalising market economy is resources into cash. Women are also often
contributing to the steady erosion of the the traditional caretakers of genetic and
biological resources and knowledge systems species diversity in agriculture. Their
TRIPS and biodiversity: a gender perspective 59

knowledge of growing conditions and the The commercialisation of


nutritional characteristics of various species bio-resources
is an essential basis for seed selection and
plant breeding. In many societies, it is In recent decades there has been a distinct
women who are mainly responsible for shift in the perception of biological
this, as well as for seed exchange and resources. What was a 'natural' resource,
preservation of local biodiversity (Rani and accessible to all, has now become an
Swaminathan 1998). 'economic' resource, to be privatised. In
The 'Convention on Biological Diversity' this process, public property jointly held
(CBD), which affirms the sovereign rights of and nurtured by communities is increasingly
nations over their bio-resources, calls for converted to private property, owned by a
conservation of biodiversity, sustainable use few and withheld from local communities.
of its components, and fair and equitable This shift can be seen in recent
sharing of benefits arising from their international and national developments.
utilisation. In the Preamble of the CBD, the Two major international agreements, the
central role of women in conserving Agreement on Trade-Related Aspects of
biodiversity is recognised in the following Intellectual Property Rights (TRIPS) of the
declaration: 'affirming the need for the full WTO, and the United Nations Convention
participation of women at all levels of on Biological Diversity (CBD), with
policy-making and implementation for mutually conflicting approaches, are now
biological diversity conservation'. Agenda shaping the domestic regimes of member
21, adopted at the Earth Summit in Rio de states with respect to biological resources
Janeiro in 1992, also stresses the need to and associated indigenous knowledge. The
strengthen women's involvement in national Agreement on TRIPS engenders privatisation
ecosystem management and control of of biological resources by allowing patents
environmental degradation. to be granted on biological materials and
Other international plans of action have associated indigenous knowledge. Mean-
highlighted the critical role of gender in while, the CBD acknowledges that local
genetic resources conservation and sustainable communities have rights over bio-resources
utilisation. The Food and Agriculture and indigenous knowledge (Sahai 2003).
Organisation (FAO) publication, Gender - Biological diversity has become sought-
Key to Sustainability and Food Security, states: after raw material for the life sciences
'Rural women in developing countries hold industry. While corporations in the developed
the key to many of the planet's agriculture world have mastered the techniques of
systems for food production, seed selection, recombinant DNA technology, the raw
and protection of agro-bio diversity' matter is located principally in the tropical
(Krishna 1998:36). and semi-tropical countries of the developing
The participants at a meeting convened South. Not only the resources, but the
by the International Plant Genetic Resources associated knowledge of their properties is
Institute (IPGRI) and FAO in Rome in located within indigenous communities.
October 1996 concluded, 'An understanding In order to gain access to biological
of men and women farmers' differential resources, the life-science corporations,
roles and responsibilities in PGR conservation through their governments, have extended
and management, as well as the intrinsic the scope of intellectual property rights to
value of their knowledge, is crucial to biological materials at the global level. This
sustainable, effective and equitable PGR development took place in the Uruguay
conservation and utilisation' (Sreenivasan GATT Round, which began in 1986 and
and Christie 2002:5). concluded in Marrakech in 1994. During this
60

round, life forms and genetic resources were developed in Europe and has now been
brought into the ambit of one system for adopted by the industrialised countries. The
intellectual property rights (Sahai 2000). UPOV system has undergone several
changes after its formulation in 1961, but
these have resulted in almost no concessions
Intellectual property rights for farmers and plant breeders in the South
over biological materials (Balakrishna 2000).
The essential element of the TRIPS Article 27.3(b) of TRIPS is perhaps the
Agreements related to agriculture and food most controversial clause of the entire WTO
security is the requirement for WTO agreement (Sahai 2001). It requires members
members to make patents available for any to provide for the patenting of 'non-
technological inventions, whether products biological and microbiological processes',
or processes. One reason for greater and WTO members are now in the process of
interest in patents is the rapid development defining their positions regarding the future
of biotechnology in agriculture. of the provisions. There are indications that
There are four options within Article a few members, like the USA, would like the
27.3(b). First, to allow patents on everything. swi generis option to be eliminated altogether,
This would include all materials and all while most developing countries are preparing
forms of technology. Second, to exclude national legislation to implement it. There
plants, animals, and biological processes, are proposals to treat UPOV as the only sui
but not plant varieties. This means that generis option for plant varieties. The problem
whereas naturally found plants, animals, is that UPOV is not in the interests of
and the natural biological process by which developing countries, since it does not
they are created could be excluded from contain any rights for farmers. There is only
patents, crop varieties could not. The third the right granted to the breeder, which in
option is to exclude plants, animals, and today's context is increasingly 'the company'.
biological processes from patenting and to Patents on seeds would severely restrict
introduce a special sui generis for the farmers' access to them, since they would
protection of plant varieties. A sui generis have to buy fresh seed for every sowing.
system allows a country to create a system of Women would be particularly disadvan-
its choice which would enable the minimum taged under UPOV, since their current
protection agreed to in the WTO. The final access to their own seeds ensures that they
option is to exclude plants, animals, and can contribute to food, health, and nutrition
biological processes from patenting but not for the household.
plant varieties, and to provide a sui generis There are potential conflicts between the
right. This last would mean that plant TRIPS patenting regime and the Convention
varieties could be patented or protected by on Biological Diversity (CBD), as well as the
an independently created sui generis system International Treaty on Plant Genetic
(Leskien and Flitner 1997). Resources (ITPGR) of the FAO. These
Most developing countries have chosen conflicts are widely seen as more political
the third option. A sui generis system of than legal in nature, and the US government
protection is one adapted to particular has made early implementation of TRIPS a
subject matter; it allows countries to make top priority of its foreign policy (Mulvany
their own rules for protection of new plant 1999). These matters are likely to emerge as
varieties. One possible sui generis system matters of dispute under the WTO's dispute
likely to be recognised is the International settlement system in the coming years.
Union for the Protection of New Varieties of UPOV 1991 conditions will significantly
Plants (UPOV) system. This was initially diminish the farming community's capacity
TRIPS and biodiversity: a gender perspective 61

agricultural systems. Plants are bred to grow


to be self-sufficient in seed and self-reliant as
agricultural producers (Sahai 2002a). UPOV successfully with their chemical inputs or
requires plant varieties to be 'distinct' with their patented genes, at the expense of
from other varieties, produce genetically more sustainable bio-diverse systems. Since
'uniform' progeny, and remain genetically 'Plant Breeders' Rights' (PBRs) are given
'stable' over generations. After the 1991 only for a variety that is genetically uniform,
UPOV amendment, a new quality - they limit both what kinds of seed can be
'novelty'- has been added to the minimal marketed and who can market them. UPOV
characteristics required. The uniformity automatically discourages genetically
requirement has potential to contribute to diverse and locally adapted seeds from the
genetic erosion. In addition, the cost of market and from the field.
maintaining UPOV certification is beyond The impact of UPOV-type regimes will
the means of most farmer/breeders. be highly detrimental to developing countries.
Although peasant farmers have also cultivated First, farmers who have contributed the
plant varieties expressing desirable traits varieties on which plant breeders base their
over time, their varieties rarely meet the new varieties would have no rights.
UPOV requirements. Secondly, UPOV laws favour countries
These conditions for a 'Plant Breeders' where agriculture is largely a commercial
Right certificate' under UPOV run contrary activity. For the majority of farmers in Asia,
to the goal of enhancing genetic diversity. Africa, and Latin America, however, it is a
Furthermore, the kind of protection that it livelihood.
grants is an exclusive monopoly right. This Applying the TRIPS framework to
contrasts sharply with the broader goals of bio-resources is against the interests of
collective remuneration and benefit sharing indigenous and farming women and men
that are expressed in a number of other (Sahai 2002b). It fails to acknowledge or
global agreements. protect farmers' rights, explicitly recognised
in the CBD and ITPGR. In addition, the
TRIPS Agreement, unlike CBD or ITPGR,
UPOV conflicts with self- does not acknowledge the essential role of
reliant agriculture and women in rural communities in conserving
livelihood security biodiversity. It does not make any provision
Most developing countries are contem- to ensure the sharing of benefits from
plating the sui generis route to comply with technology and innovation, or require any
TRIPS, instead of patenting. A number of prior informed consent of the people
influential bodies, including the WTO (primarily women) whose knowledge is
itself, are pushing for a narrowing of the sui tapped for technological innovation.
generis option to one legislative model
provided by the UPOV. Independent legal Responses from civil society
and economic experts have reiterated that
UPOV should not be accepted as an
and Southern governments
effective sui generis system for TRIPS, and Sustained pressure is being applied on the
that there is ample scope for manoeuvre, TRIPS Council by civil society in
flexibility, and national discretion in developing countries (including India,
interpreting the sui generis option (Gaia Brazil, China, Cuba, Dominican Republic,
Foundation-GRAIN 1998 and Gene Ecuador, Pakistan, Thailand, Venezuela,
Campaign-CEAD 1998). Zambia, and Zimbabwe) to include
The UPOV system promotes commercially additional clauses to the TRIPS Agreement.
bred plant varieties for industrial These are intended to ensure that an
62

applicant for a patent relating to biological countries on poor countries to join UPOV.
materials or indigenous knowledge shall For instance, the 'EU-Bangladesh Trade and
provide disclosure of the source and Aid Agreement of 1999' requires
country of origin of the biological resources Bangladesh to 'make every effort' to join
and of the indigenous knowledge used in UPOV.
the invention. The applicant would also
have to provide evidence of prior informed
consent, and of fair and equitable benefit
Impact on biodiversity,
sharing under the relevant national gender relations, and
regimes. communities
These countries are also pressing for an Biodiversity is the basis of food and
international regime which would grant livelihood as well as human and animal
protection to indigenous knowledge. Due to health for poor and marginalised
opposition from developed countries, communities. To alter the dynamics of
particularly the USA, no action has been control and usage of biodiversity through
taken on these proposals. On the contrary, IPR rules will further impoverish and
developed countries are advocating a marginalise local communities, and women
'TRIPS-plus' approach. The USA and EU will be disadvantaged, in terms of both
have been putting pressure on weaker their economic and decision-making roles.
countries to get them to accept IPR regimes The case of the Canadian farmer Percy
even in excess of what the WTO demands. Schmeiser and his dispute with Monsanto
There are a number of bilateral or regional over an alleged violation of IPR shows the
treaties between developed and developing way in which IPR regimes are being
countries with more stringent rules than implemented by corporations to establish
those provided under TRIPS. monopolies. Monsanto sued Schmeiser for
The TRIPS Agreement does not specify huge damages for violating its patent on
what constitutes an 'effective' sui generis 'Roundup Ready' canola, after specimens of
system. Taking account of this flexibility, a the proprietary canola were found on
few countries have developed their own Schmeiser's property. Canola is a cross-
laws, reflecting the combined obligations of pollinating crop, so the likely source of the
the CBD and TRIPS. The 'Protection of Plant offending canola was pollen from a nearby
Varieties and Farmers' Rights Act of India' is 'Roundup Ready' field, but the case
one such example. It balances farmers' and demonstrates the extent to which
breeders' rights, recognises farmer varieties, multinational companies will go to establish
and provides for monetary compensation monopolies on bio-resources. Such actions
for their use by breeders. The 'Model Law would have grave consequences in
for the Protection of the Rights of Local developing countries, since denying rights
Communities, Farmers and Breeders, and over vital resources would affect the
for Regulation of Access to Biological community's ability to survive.
Resources', developed by the Organisation Commercial interests that target bio-
of African Unity (OAU), is a law which resources on a large scale for the market will
recognises the contribution made by threaten the bio-resource base, and the
farming communities to developing and knowledge base associated with it The
maintaining bio resources. However, the impact on women, and through them
developed countries are discouraging these families, will be immediate. There is a steady
efforts. TRIPS does not require countries to depletion of rare medicinal flora from the
adopt UPOV as their sui generis system, yet hill regions, because of collections being
there are bilateral pressures by developed conducted by pharmaceutical companies.
TRIPS and biodiversity: a gender perspective 63

A sub-species of Taxus baccata, the increasingly shift to crops with a single


Himalayan Yew tree in the Himalayan dominant trait. Women are likely to have
region, is facing near extinction as a fewer options and less flexibility to use bio-
consequence of over-exploitation for its resources for multiple uses. Since partici-
cancer-curing properties. Large areas of the pation in the cash economy to make up the
Kumaon and Garhwal Himalayas in India loss in these sectors will either not be
have been stripped of medicinal plants by possible for women or will place additional
head loaders collecting for foreign and burdens on them, it is also likely that the
Indian companies. This devastation of flora ensuing deprivations will become
means that women lose the resources they permanent (GTZ 2001).
need for use in home remedies to treat their
families and their livestock (Sahai 1996).
The way ahead
Patents on seeds would limit women's
ability to breed new, locally adapted varieties The only way to fully ensure a fair deal for
for food, healing, and rituals. This would communities in developing countries is to
strike at nutritional security for families remove biodiversity from TRIPS altogether.
and also at the socio-cultural identity of Since achieving this ambitious goal may
communities, as women have bred varieties take more time than the mandated review
integral to local food habits and cultural and period allows, one way might be to secure
religious practices. a five-year suspension of the imple-
When patents are permitted, there is mentation of Article 27.3(b), so that
currently no requirement for disclosing the developing countries may sort out their
source of the plant material, nor the key strategies. In any case, developing countries
information lead for the claimed 'invention': must at least ensure that there is no
that is, the indigenous knowledge of the strengthening of the TRIPS Agreement, as
characteristics, say of the particular medicinal some developed countries are trying to do
plant. Bio-piracy constitutes a misappro- through bilateral treaties.
priation of the intellectual property of local It is important to develop alternatives to
communities. In the case of the patent on UPOV. This direction must be strengthened
turmeric, or neem, the knowledge of the in order to secure the interests of small
wound-healing property or the bactericidal farmers, women, and rural communities.
property of the respective plants was the A non-UPOV treaty on IPR regimes for seeds
basis of the 'invention' that was granted a should seek to do the following, among
patent by the US Patent and Trademark other things:
Office. The consequences could be twofold. Provide reliable, good-quality seeds to
Exercise of the patent in India could lead to small and large farmers.
corporate control over wound-healing or
antiseptic products derived from turmeric Maintain genetic diversity in the field.
and neem. On the other hand, if such Acknowledge the enormous contribution
products had the potential for export to the of rural and tribal women to the
USA, such an opportunity could be denied, identification, maintenance, and
because the existing US patent could be used refinement of germplasm.
to block any imports. Emphasise that the countries of the
Whether in the field of medicinal plants tropics are germplasm-owning countries
or in agriculture, women will be excluded and the primary source of agricultural
from the decision-making process. They will varieties.
have less say in what will be planted in Develop a system wherein farmers and
the field, because seed availability will breeders have recognition and rights
64

accruing from their respective References


contributions to the creation of new
varieties. Balakrishna, P. (2000) 'Moving Towards
Trade Negotiations of WTO and its
The other approach could be to negotiate at Implications on Environment and
the international level for establishing the Biodiversity', paper presented at the
primacy of CBD over TRIPS. Article 22 of Training Seminar on 'WTO, UNCTAD
the CBD states: 'The provisions of this and Regionalism: Implications for the
Convention shall not affect the rights and Private and Public Sectors in South
obligations of any Contracting Party Asia', Law and Society Trust, Colombo.
deriving from any existing international
Conventional on Biological Diversity (1992)
agreement, except where the exercise of those
www.biodiv.org/convention/article.asp
rights and obligations would cause a serious
Gaia Foundation - GRAIN (1998) 'Ten
damage or threat to biological diversity'
reasons not to join UPOV, Global Trade
[emphasis added] (CBD 1992).
and Biodiversity in Conflict, Vol. 2.
It is clear that the implementation of Gene Campaign and CEAD (1998)
TRIPS is detrimental to the health of 'Convention of Farmers and Breeders
biological diversity, and therefore its (CoFaB)', a draft treaty presented as an
implementation must be made subservient alternative to UPOV, New Delhi.
to the conditions of the CBD. There is also a GTZ (Deutsche Gesellschaft fur Technische
large body of opinion that IPRs should not Zusammenarbeit GmbH) (2001) 'Gender
be regulated under the WTO at all. Refining Relations and Biodiversity', Issue Papers
the jurisdiction of TRIPS would be part of a BIODIV,
more fundamental reassessment of whether www.gtz.de/biodiv.
trade policy instruments governing market GTZ (Deutsche Gesellschaft fur Technische
access should determine national intellectual Zusammenarbeit GmbH) (2002) 'Local
property regimes. Knowledge of Conserving Biodiversity
from a Gender Perspective', Project
Dr Suman Sahai is the Convenor of Gene Papers BIODIV,
Campaign, based in New Delhi. She has www.flora.org.pe.
published extensively in science and policy Krishna, S. (1998) 'Gender and bio diversity
issues related to food security. She is a member management', in M.S. Swaminathan
of several national policy forums on research (ed.). Gender Dimensions in Biodiversity
and education, international trade, biodiversity Management, Konark, New Delhi.
and environment, rural development, Leskien, D. and M. Flitner (1997)
biotechnology and bio ethics and intellectual 'Intellectual property rights and plant
property rights. genetic resource: options for a sui generis
mail@genecampaign.org lgenecamp@vsnl.com system', Issues in Genetic Resource 6,
http://www.genecampaign.org IPGRI, Rome.
Mulvany, P. (1999) 'TRIPs, Biodiversity and
Commonwealth Countries: Capacity
building priorities for the 1999 review of
TRIPs Article 27.3 (b)'. Paper prepared
for Commonwealth Secretariat and
Quaker Peace and Service, Geneva.
NGO Women's Forum, Germany and
Working Group 'Women' in the Forum
Environment and Development (2002)
TRIPS and biodiversity: a gender perspective 65

'Social, Economic and Environmental Sahai, S. (2002a) 'India's plant variety


Sustainability from a Gender protection and farmer's right legislation',
Perspective', WIDE Position Paper, in P. Drahos and R. Mayne (eds.)
www.nro-frauenforun.de. Global Intellectual Property Rights,
Rani, M.G. and M. S. Swaminathan (1998) Basingstoke: Palgrave Macmillan
'Biodiversity in India: Heritage and Sahai, S. (2002b) 'The TRIPS Agreement:
management', in Swaminathan (ed.) Implications for farmer's rights and food
Gender Dimensions in Biodiversity security'. Paper presented at 'Asia
Management, Konark, New Delhi. Pacific Conference on Food Security'
Sahai, S. (1996) 'How do we protect our CIROAP Meeting, Hong Kong.
genetic resources?', Economic and Political Sahai, S. (2003) 'Importance of indigenous
Weekly, New Delhi. knowledge', Indian Journal of Traditional
Sahai, S. (2000) 'GATT/WTO and the Knowledge, 2(1): 11-14.
TRIPS Agreement: a South Asia Sreenivasan, G. and J. Christie (2002)
perspective', South Asia Economic Journal, 'Intellectual Property, Biodiversity and
1 (2): 25-41. the Right of the Poor', Canadian Council
Sahai, S. (2001) 'The TRIPS Agreement: for International Co-operation Trade and
Implications for developing countries'. Poverty Series, Paper 3.
Paper presented at 'Workshop on
Threats to Indian Agriculture Posed by
the WTO Regime', Hyderabad.
66

Women, trade, and


migration
Don Flynn and Eleonore Kofman
The impact of modern trade policies on the position of women across the world has produced a
growing literature in recent years. This has largely concentrated on analyses of the impact on
women of privatisation and trade liberalisation during the course of the past two decades. There has
been increased interest on the part of the OECD, World Bank, and International Organization for
Migration, and international NGOs in the relationship between trade and migration. However,
there has to date been very little discussion of gender issues in relation to this nexus. In this article
we will look at the effect on women of trade liberalisation policies and migration.

There are two aspects to the current debate countries have restricted Mode 4 to
on women, trade, and migration. The first investment-related movements. In negotiations,
concerns the unfavourable terms of trade developing countries have favoured a wider
between North and South which have scope for Mode 4 movement, encompassing
contributed to pressure on women to transport, tourism, health and care services,
migrate from their homelands. The second and contract cleaning. They see advantages
concerns measures to expand trade in in arrangements which facilitate the export
services through the physical movement of of surplus labour, and they hope for gains
persons. This is the subject of the GATS from the transfer of income to the home
(General Agreement on Trade in Services) country from workers abroad. The gap
Mode 4 (Nielson 2002), which seeks to between the two groups of countries on these
liberalise trade in persons to balance trade issues has remained wide, and little progress
in services, goods, and capital. For the has been made in recent times in reaching
moment this primarily concerns highly common agreement.
skilled workers and those employed in Too often it is assumed that GATS Mode 4
transnational corporations, but there has is of little consequence for women. We shall
been pressure from a number of developing argue that the prevailing global shortage of
countries to include less skilled workers. labour in reproductive sectors such as
Mode 4 covers the temporary movement education, care, and health has considerable
of employees from foreign companies gender impact (Kofman 2004), but has
operating in countries where they have no received little attention from national and
permanent presence. Although there is no international organisations.
provision within GATS to limit eligibility to
workers who hold a particular range of
qualifications, in practice many developed
Women, trade, and migration 67

Gender, trade, and burden for women as the primary carers


migratory movements (IGTN, n.d.). The growth of poverty in rural
areas is already leading to increased
The continuing trend towards globalisation migration to cities and towns for employ-
has closed down many options for ment in the export-orientated maquilas
progress, other than drastic restructuring to factories,1 where women are disadvantaged
increase competitiveness in export markets. by exploitative and sexist working
The two best-known attempts to force this conditions. The IGTN assessment suggests
issue have been the structural adjustment that CAFTA contributes to pressures on
programmes (SAPs), favoured by the women to join the migratory movements to
World Bank and the International Monetary the United States, which currently draw in
Fund (IMF), and a more recent generation an estimated 200,000-300,000 people a year.
of free trade agreements. This study provides a relatively rare
The experiences of two decades have example of a link being made between trade
provided evidence of a bleak outcome for and gender, development, and migration.
women resulting from both approaches. The International Organisation for
Mariama Williams (1998) has argued that Migration (IOM) estimates that almost half
the strategy of SAPs in Africa during the of the world's 175 million migrants are
1980s left women significantly worse off as women (IOM 2003). Historically a large
dramatic cuts in social spending increased proportion of female migrants will have
responsibilities in the provision of welfare travelled as the spouses of male migrants, or
and health care in the domestic sphere. At other family dependants and this has been
the same time, increased dependency on one of the reasons for the higher percentage
monetary incomes forced a larger number of of female migrants in developed regions.
women to seek paid employment. SAP- Today 50.9 per cent of migrants in the
inspired cuts in the provision of education developed world are women, compared
and training meant that the work available with 45.7 per cent in the less developed
was invariably at the low-skill, low-pay end world (Zlotnik 2003). Women are increasingly
of the spectrum, and that economic migrating as workers themselves, and in
opportunities were reduced. some countries this trend is growing
Gender impact surveys have been dramatically. Among Sri Lankan migrants,
conducted in relation to recent free trade for example, the proportion of women rose
agreements. One example is the Central from 33 per cent in 1986 to 65 per cent in 1999
America Free Trade Agreement (CAFTA) (IOM 2003). Some have professional
between the United States and the Central qualifications which allow them to benefit
American countries. The unequal balance of from expanding opportunities for skilled
power in these negotiations generally means migration (Kofman 2000); others will be
that developing countries are required to reliant on the niches opening up in the
abandon state support for key elements in service sector for domestic workers, carers,
their national economies, while the heavily cleaners, and caterers.
subsidised agriculture and manufacturing These new job areas are the product of
of the developed partners remain untouched. changing lifestyles in developed countries,
The International Gender and Trade but they can lead to the de-skilling of large
Network (IGTN) has reported on the ways in numbers of women (McKay 2002; Parrenas
which forced liberalisation of the 2001; Phizacklea 2003). In countries such as
agricultural sector in Central American Canada, for example, the 'Live-in Care
countries will worsen levels of hunger and Giver Program' requires workers with high
food insecurity, resulting in an increased educational standards, but then locks them
68

into employment with a specific employer clothing industry (Nielson 2002). In the
for two years, during which time it is very Philippines, overseas Filipino workers
difficult for them to maintain or improve (OFWs) are now considered the new heroes
their skills. In this way many Filipina as, for example, they brought in $US 6.23
workers have become de-skilled (McKay billion in remittances in 2000, enough to fill
2002; Stasiulis and Bakan 2003). the gap in shortfalls in revenue and balance
Current research on the conditions and of payments. The largest proportion (53 per
processes of migration seeks to understand cent) was sent back from the USA, but other
the connections between sending and countries in Asia (Korea, Japan, Hong Kong,
receiving countries within the global economy. and Singapore) and now the UK (2 per cent)
According to Sassen (2000), globalisation were also significant. The Philippines
has produced a set of dynamics in which Overseas Employment Administration,
women are playing a critical role, as global established in 1982, organises and oversees
cities in developed countries witness the the export of nurses and maids. In 2000, 70
return of 'serving classes' composed largely per cent - 178,323 out of 253,030 - OFWs
of migrant women (2000: 510). She analyses were women (Philippine Overseas
the relationship between 'low-income Employment Administration 2000). An
individuals, who are represented as a burden equally high percentage were women in the
rather than a resource' and 'significant professional and technical category.
sources for profit and government revenue Research suggests that men and women
enhancement' (506). Debt and debt servicing, exhibit different remittance behaviour, with
for example, have become a systemic feature men favouring the purchase of consumer
of the developing world since the 1980s. items such as televisions and cars from the
Subsequent cut-backs in social programmes money sent home, while women choose
have precipitated the search for employ- health care, food, and schooling. (DFID/
ment overseas. World Bank 2003: 9). Some scholars have
Policy makers have displayed a growing suggested the possibility that, beyond the
interest in the idea of migrants as a force for household, female migrant remittances have
development. Economic progress can be a dynamic effect on traditional gender roles
promoted through migrant workers' (Asian Studies conference 2004). As
remittances. In 2003 the World Bank remitters, women can acquire new status
estimated the global value of cash returned and authority, giving directions on the
to countries of origin by overseas worker allocation of resources to projects within the
communities to be in excess of US$ 90 billion family and the community. Women in
(DFID/World Bank 2003:3). In contrast to remittance-wealthy families can escape
cash flows from foreign direct and portfolio domestic work by hiring maids and servants
investment, remittances are highly stable from poorer households.
over time, and in fact even increase in If migration appears to offer the
response to economic crises. There is also possibility of a transformation of the
substantial evidence linking remittances to position of women, while also threatening
poverty reduction, although these remittances vulnerable groups, the question is whether
may increase inequalities between house- policies can be pursued which enhance the
holds with relatives abroad and those prospect of the former, while diminishing
without (Boswell and Crisp 2004). the danger of the latter.
In India, for example, remittances
totalled $US 7.6 billion, almost three times
more than net investment flows and almost
as much as the contribution of the textile and
Women, trade, and migration 69

Gendered aspects of GATS countries, as we have seen, remittances from


and immigration policies workers often constitute far larger sums
than net direct investment. Thus some
In a set of recommendations emanating developing countries have indicated that
from a seminar in Jakarta in December their willingness to negotiate in the WTO on
2003, UN Development for Women Mode 3 investment will depend on progress
(UNIFEM) called for action on 'recognising, in Mode 4 discussions (Nielson 2002).
protecting and empowering women While some developing countries may be
migrant workers in Asia' (UNIFEM 2003). pushing for greater opening up of markets,
This action would involve the 'main- the increasing dependence of developed
streaming of gender concerns in migration
countries on foreign nurses raises ethical
into national and regional poverty
issues about recruitment. Emigration of
reduction policies and programmes', and
professional workers is likely to undermine
the promotion of 'collaboration within and
the delivery of education and health services
between countries of origin and
in many developing countries. African
employment, including bilateral and multi-
lateral agreements to protect migrant countries, such as Zambia, are particularly
workers'. concerned about loss of skilled migrants,
who frequently prolong their stay abroad.
In the past decade there has been an Although some countries such as the
expansion of skilled labour to meet shortages Philippines virtually train nurses for export,
in IT, education, and health services and to others, such as South Africa and countries in
support production, sales, and servicing in the Caribbean, have reached an agreement
transnational corporations. Temporary, short- with the UK government not to recruit
term movements have been increasing nurses. However, although the National
rapidly in these sectors. A trade agreement Health Service may not be recruiting, private
on the 'movement of persons' has been agencies still do.
concluded by NAFTA (Chapter 6) between
Mexico, Canada, and the United States. Wages and conditions which temporary
The movement of persons has also been foreign workers receive are also issues for
taken up by the WTO in its General trade unions. Fifty WTO members have
Agreement on Trade in Services (GATS), included in their stipulation for Mode 4
which divides trade in services into four that conditions should guarantee wages
modes of supply. Mode 4 refers to the supply comparative with nationals. The ILO
of services via the presence of natural Constitution includes the principle of equal
persons, whereas Mode 3 refers to the more pay for work of equal value (Boswell and
prevalent supply of services via commercial Crisp 2004). However, complexities of
flows. Mode 4 is intended for temporary or labour contracting in fields where workers
non-permanent movements in fulfilment of are paid home-country levels plus allowances
contracts, ranging from several weeks to make this a difficult area to police. Problems
3-5 years, for a specific purpose and are known to exist, for example, in sectors
confined to a particular sector rather than such as hospitality services and agriculture,
within a general programme of migration. where a workforce containing large numbers
The liberalisation of capital and supply of of women is recruited by agencies based in
services (Mode 3) works in favour of the sending countries. To women placed on
developed countries. India, perceiving that short-term contracts during periods of high
there were advantages for developing seasonal demand, wages will often be paid
countries issuing from the liberalisation of in local currency into bank accounts in the
labour, exported large numbers of engineers, countries of origin, at levels below the national
IT specialists, and health workers. For many minimal rates in the labour-using countries.
70

Although developing countries would not exclusively, Filipina membership, has


like GATS Mode 4 to be extended to less- links with the Europe-wide social service
skilled jobs, developed countries are and workers' rights organisation, 'Solidar'.3
reluctant to recognise the necessity of labour Despite the enormous difficulties created
in these sectors. Very few countries by restrictive immigration regimes and abusive
acknowledge the vital work being under- employers, migration can provide a route
taken by the most feminised jobs, especially towards empowerment and emancipation
in the private domestic sector (Anderson for many women (Kofman et al. 2000;
2000) and in care. Countries in Mediterranean Parrenas 2001). Migration can confer on
Europe have established quotas for women recognition of their major contri-
domestic labour (Anderson 2000), while bution to family survival, or enable them to
several Asian countries (Yamanaka and escape from marital difficulties (Phizacklea
Piper 2003) recruit large numbers of women 2003). As it is expected that the migration of
for this purpose. Nevertheless, the levels women will continue to grow as trade
often remain insufficient to meet demand for liberalisation develops in the coming years,
changing welfare regimes where emphasis we need to pursue more vigorously the
is increasingly placed on privatised human-rights protections which are
provision (Mitchell et al. 2003). available in a number of the more widely
The informalisation of employment in ratified treaties.4 There is, as well, the
many sectors means that, although workers International Convention on the Protection
may not be eligible for work permits, of the Rights of All Migrant Workers and
demand is buoyant. Although GATS may Members of Their Families (Migrant
open up some legal routes, these will be Workers' Convention), which entered into
limited, and largely restricted to skilled jobs. force on 1 July 2003 (Sattherwaite 2004).
When legal options are tightly constrained,
people resort to routes managed by
Possible ways forward
criminals involved in trafficking and
smuggling activities (Boswell and Crisp Despite their engagement with issues of
2004). The over-representation of female female labour migration, NGOs, scholars,
workers in the informal service sector means and international agencies have yet to
that women are drawn into labour- develop assessments on the relationship of
smuggling networks in disproportionate this migration with trade policy. The
numbers. UNIFEM Jakarta recommendations,
Even after arrival in the destination comprehensive in other respects, do not
country, female migrants are disempowered sustain detailed reflection on the links
by many factors. Absence of labour between globalisation, trade, and migration.
protection laws, cultures of sexism, low While a growing number of studies have
wages, poor working conditions, and lack of begun to sketch out terrain in which
job security create vulnerability and further work might take place (Ghosh 1997;
opportunities for gross exploitation.2 Simmons 1996), a rigorous overview of
Networks of support from groups acting in gender, trade, and migration issues has yet
solidarity can provide protection from the to be developed.
worst of these dangers. An example of a Some sense of what might become
group of female migrants which has been possible in developing this overview can be
able to mobilise such resources is the seen in the sustainability impact assessment
'Kalayaan' network, supporting the rights of (SIA) approach developed by the Commission
domestic workers. Based in London, Kalayaan, of the European Union (EU). The SIA
an organisation with predominantly, though methodology is designed to provide
Women, trade, and migration 71

information on the possible impacts of trade Don Flynn is policy officer of the London-based
policy to ensure that the final decisions are Joint Council for the Welfare of Immigrants
the optimal ones. Engagement with all (JCWI). He is active in NGO networks
stakeholders affected by the trade regime is promoting the rights of migrants in the UK and
imperative within the SIA schema. Europe. Eleonore Kofman is Professor of
Examples of SIAs conducted to date Human Geography at Nottingham Trent
include the economic partnership agreements University. She is co-author of Gender and
(EPAs) with the African, Caribbean, and International Migration in Europe:
Pacific (ACP) countries in the Cotonou Employment, welfare and politics (Routledge,
agreement (CEC 2003). Immigration in a 2000).
variety of contexts is discussed in these don@jcwi.org.uk; eleonore.kofman@ntu.ac.uk
studies, but the participation of women and
their distinct role in migratory movements is
not profiled to any significant extent. Notes
If SIAs represent the cutting edge of trade 1 The maauila programme originated in
policy evaluation at the present time, they Mexico. It allows foreign companies to
reveal something of the dilemma for those operate with special exemptions on
concerned with gender issues. An analysis of normal customs regulations with regard
the issues outlined by feminist advocates on to the importation of capital equipment.
trade issues in IGTN circles, and drawing on All the products of a maauiladora
available data on female migration, is corporation are required to be exported.
scarcely represented in policy formulation 2 Evidence given by 'Tatiana Volkova'
by intergovernment institutions.
(assumed name), a key witness in the trial
There is scope for an expansion of co- of the organisers of a prostitution ring in
operation between groups of trade and London in March 2004, provides a not
immigration rights activists in the period untypical account of the ways in which
ahead. The area most likely for collaboration the dynamics of low-paid and insecure
in the immediate future is that of remittances. employment expose many female
Measures are needed to facilitate low-cost migrants to the menaces of organised
money transfers, and to encourage household crime {Daily Mirror, 22 March 2004)
expenditures which promote welfare and
employment gains, as opposed to non- 3 www.solidar.org.
productive consumption, in the sending 4 These include CEDAW (ratified by 174
countries. Forums do exist in which the countries), the International Covenant
interests of women migrants can be repre- on Civil and Political Rights (151
sented in policy formulation. The International countries), the Covenant on Economic,
Gender and Trade Network was set up in Social and Cultural Rights (148 countries),
1999 following the collapse of WTO talks in and the Convention on the Elimination
Seattle and has been part of a greater of All Forms of Racial Discrimination
engagement with the WTO and UNCTAD (174 countries).
(United Nations Conference on Trade and
Development). Trade liberalisation of goods,
services, and people touches upon many References
economic and social issues and has a differ- Anderson, B. (2000) Doing the Dirty
ential impact on women and men as migrants. WorklThe global politics of domestic labour,
Gender issues as they affect migrant workers London: Zed.
have to be taken seriously, as new agree- Asian Studies Japan Conference (2004)
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International Migration and Asylum, Stanford: Stanford University Press.
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(CEC) (2003) 'Sustainability Impact www.poea.gov.ph / html / statistics.html
Assessment (SIA) of the trade Phizacklea, A. (2003) 'Transnationalism,
negotiations of the EU-ACP Economic gender and global workers' in Morokvasic
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Cooper, consultants. Move, Opladen: Leske and Budrich.
DFID/World Bank (2003) 'International Sassen, S. (2000) 'Countergeographies of
Conference on Migrant Remittances: globalisation: the feminisation of survival',
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73

Gender, the Doha


Development Agenda, and
the post-Cancun trade
negotiations
Mariama Williams
The intensification of trade liberalisation has increasingly led women's organisations and other civil
society groups to pay close attention to the impact of trade liberalisation on economic and social
development. At the last Ministerial meeting of the WTO in Cancun, gender and trade advocates
developed empirical and policy-oriented positions on the WTO trade agenda. Though critical of the
previous Doha Development Agenda (DDA) of 2001, the groups are concerned that even its
minimal pro-development stance might be reduced in the post-Cancun period leading up to the next
meeting in Hong Kong. This would be detrimental to economic development and to the well-being of
men and women in the South.

Gender and trade wisdom also assumes that the impacts of


liberalisation: an overview trade liberalisation are beneficial to men and
women - or at least gender-neutral.
After the spectacular failures of two WTO However, trade liberalisation has specific
Ministerial Conferences in Seattle (1999) economic, political, and social effects, which
and Cancun (2003) over the same set of can worsen the already unequal situation of
issues, promotion of trade liberalisation as women in terms of access to land, credit,
the engine of growth and development is training, technology, and domestic and
clearly under attack. The failures have household responsibilities. This raises the
revolved around the clash of expectations issue of how women and men are faring
and ambitions of developing and under changes in trade-policy regimes
developed countries (Palley 2004). The oriented towards the reduction and
developing countries had high ambitions elimination of import barriers.
for agricultural liberalisation, which they Current research points to a two-way
identified as the critical ingredient for relationship between trade liberalisation
development. However, the powerful and gender: trade liberalisation can increase
countries had high ambitions for non- or decrease gender inequality, and gender
agricultural market access. inequality can prevent trade liberalisation
Undeniably, trade liberalisation generates from achieving the desired results. A
changes in the domestic economy and in government may enact a particular trade
economic and social development. Conven- reform measure, thinking that it will
tional wisdom presupposes that the effects increase trade, without considering the
are always unambiguously positive for constraints operating on the dominant
development as well as for poverty reduction groups in each sector, and how these affect
within and across countries. Conventional responses to policy change.
74

Research on agriculture (Baden 1998, The debates


Madeley 2000, and Quisumbing et al. 1995)
demonstrates this experience in some The WTO Ministerial meetings, which have
African countries. In Uganda, for example, so far occurred on average every two years
trade-liberalisation policies led to the (Singapore 1996, Geneva 1998, Seattle 1999,
closing of local state trading enterprise (STE) and Doha 2001), are forums for compre-
depots. Although lack of access to the STEs hensive reviews and reforms of trade rules.
affected both men and women, it had a The outcomes of these deliberations are
disproportionately detrimental effect on usually issued in the form of a Ministerial
women (Sengendo and Tumushabe 2002). Declaration and accompanying annexes.
Due to their greater mobility, men were able While the Ministerials are not the only
to travel outside their villages to sell source of WTO rule making, they are the
products, whereas women were forced to WTO's most public and high-level events.
sell products closer to home at lower prices. Thus they have been the focus of a great
Trade liberalisation also caused a switch to deal of interest, agitation, and monitoring
export crops, which created land speculation by civil society.
and loss of common property resources. The Fourth Ministerial Meeting of the
Women as a group have a higher dependence World Trade Organisation, in Doha, Qatar,
on common property than men. in 2001, produced the Doha Declaration.
Trade liberalisation can stimulate This seemed to promise everything that was
increased employment for some groups of not addressed in previous rounds. In
women and men. It can provide opportunities attempting to make development the centre-
for entrepreneurship and sustainable liveli- piece of WTO trade negotiations, the Doha
hoods, access to resources and technology, Development Agenda (DDA) placed for
and to an overseas market. But trade discussion the resolution of more than
liberalisation can also result in reduced 80 implementation issues arising from
access to affordable food, shelter, and basic developing countries' attempt to follow
services. Women farmers and entrepreneurs, through on the commitments made in the
comprising a large proportion of small and Uruguay Round Agreements (URA).
medium-sized enterprise holders (SMEs), Ultimately, many developing countries
may actually lose livelihoods and markets argued that some of the provisions of the
through competition with highly subsidised URA are unfair, that they are biased against
goods produced in developed countries. them, and that they require extensive
They may also be unfavourably affected by resources, which they can least afford.
changes in investment regimes. The DDA included a declaration that the
The Uruguay round of trade agreements Trade-Related Aspects of Intellectual
(1986-1994) was the most comprehensive set Property Rights (TRIPS) agreement does not
of negotiations in the multilateral trading prevent governments from fulfilling their
system. However, since the emergence of public-health responsibilities. Hence, govern-
the WTO in 1995, its activities have raised ments, in the public interest, can authorise
concerns about the impact of trade the production of patented products as
liberalisation on social and environmental medicines without the permission of the
dimensions of economic development in the patent holder.2 The DDA also promised
South. 'substantial improvement on market access,
the phasing out of all forms of export
subsidy, and substantial reduction in
domestic support' (Ministerial Declaration,
2001, para 13). This would help to reduce the
dumping of subsidised food exports from
Gender, the Doha Development Agenda, and post-Cancun negotiations 75

the EU and the USA in developing countries. and assumptions of the DDA? How will it
Doha further promised that non-trade affect gender equality? And how can gender
concerns such as animal welfare, biodiversity and trade advocates make gains in enhancing
protection, employment, environment, food gender equality and social development
security, and welfare would be taken into effects of future trade negotiations?
account for the first time in the agricultural
negotiations.
The Doha agenda further extended the
The gender dimensions of
WTO's scope into domestic regulatory areas trade from Uruguay, to
by including competition policy, govern- Ooha and Cancun
ment procurement, investment, and trade Thus far multilateral trade negotiations
facilitation within the negotiating frame- have pursued trade liberalisation through
work. These four issues are also known as market access and reduction of restrictions
'the Singapore Issues'. Although developing on the movement of goods and services
countries, as a group, were opposed to the across borders, without attention to
launching of negotiation on these issues, impacts on different sectors of an economy.
proponents argued that the issues were ripe Three broad areas of the Cancun negoti-
for negotiations. The Doha Ministerial,
ations have implications for gender
however, ruled that the four issues could be
dynamics and women's economic and
considered for negotiations only by 'explicit
social position. These are agriculture,
consensus' of all Members of the WTO at the
services, and the 'Singapore Issues'.
Fifth (Cancun) Ministerial (paras 20, 23, 26
and 27, Ministerial Declaration November Agreement on Agriculture (AOA)
14,2001). The focus of agricultural liberalisation is on
Contrary interpretations of this were not reducing protection through promoting
resolved in Geneva by the time of the market access and attacking export
Cancun meeting. The matter thus became (competition) subsidy and domestic
the critical stumbling block in reaching support. It relies on the replacement of
consensus on a Ministerial Declaration at restrictions such as import quotas and
Cancun and it substantially contributed to licensing with tariff equivalents. However,
the failure of that meeting. As a result of the more often than not, tariffication results in
impasse, the timeline for ending negoti- high levels of protection, which hinder
ations on the DDA, which was due to developing countries' exports into
conclude in 2005, has to be shifted to developed countries' markets.
possibly 2006-2007. Extension of the Doha Trade liberalisation tends to generate
Round deadline presents opportunities and cheap agricultural products, which may
challenges for down-scaling the trade- result in lower farm-gate prices. It is also
liberalisation agenda of the rich countries accompanied by increased competition with
and reducing social inequities linked to it. It foreign imports. Overall the combination of
would make room for gendered social and these factors, plus the removal of subsidies
environmental assessments of the Uruguay in developing countries, may lead both to
Round of Trade Agreements. increased income (from the export sector)
These are the critical expectations and to decreased income (because of the
overshadowing the proposed sixth WTO import-competing sectors). Many women
Ministerial, currently set for Hong Kong in and their families are left worse off than
2005. As with Cancun, these expectations before the liberalisation policy. As noted by
revolve around reviving the Doha Develop- Jepkerich Too-Yego (cited in Madeley 2000),
ment Round. But what are the key aspects this has definitely been the case in Kenya,
76

where increased food imports and dumping, The General Agreement on Trade in
coupled with an increase in the price of Services (GATS)
farm input, have left women worse off than Both agriculture and services are new areas
they were in 1981. Many poor farmers, the for comprehensive multilateral trade
poorest of whom are women, cannot afford disciplines, and there was no significant
adequate chemicals, fertiliser, and other body of rules governing cross-border trade
farm inputs. in these areas until the Uruguay Round.
The AOA, negotiated under the Uruguay Services such as water, health care, and
Round, attempted to impose conditions on education as well as financial and
domestic subsidy and support for agri- professional services have become a
cultural production. However, the final growing part of international trade.
outcome was disproportionate in that the According to the UNDP Human Development
rich countries were able to protect their agri- Report 1999, international trade in services
culture under the so-called 'peace clause'. in 1999 was about 20 per cent of total cross-
In recent negotiations, developing border trade and about 60 per cent of
countries have tried to call for their own set global value added as a percentage of
of special boxes - the 'development box' and Gross Domestic Product (GDP) and
the 'food security box'. However, these employment.4
became discussions on 'strategic products' As with agriculture, services liberalis-
such as cotton, sugar, and dairy products, ation and the GATS have implications for
and Special Safeguard Mechanisms (SSMs), health care and health standards, job
which would allow a country to raise tariffs security, and conditions of work for a large
if import volume were to rise above a certain number of women and men. In addition,
level, or if prices fell too drastically. Thus, services liberalisation has a tremendous
the SSMs would ensure a certain amount of impact on social welfare and equity. Poor
protection (especially against dumping) to people's access to water, schooling, and
farmers in developing countries. affordable health care may be at risk.
Post-URA, agricultural negotiations in Reduced access to and decreased afford-
the WTO were to include the elimination of ability of social and basic services will
subsidies, improved market access, the greatly affect women and girls because of
operationalisation of Special and Differential their role in social reproduction.
(S&D) treatment for developing countries, It is now recognised that women are
and expiration of the 'peace clause'. likely to be over-represented among those
In Cancun, developing countries argued suffering from untreated injuries and
that the EU-US proposal would not produce diseases, malnutrition and hunger, illiteracy
significant tariff reduction on products of and innumeracy. Reforms of the trade in
export interest to the South. Moreover, there services and trade-liberalisation policies
was no commitment to a phase-out date for that do not take these factors into account are
export subsidies, and the text was weak on unlikely to benefit women in their multiple
special and differential (S&D) treatment. roles. With the issue of water, for example,
To add further insult to the developing evidence from Bolivia shows that privatis-
countries, the widely supported 'Cotton ation dramatically increased its cost and
Initiative' was summarily dismissed by the reduced access by the poor. Since in many
USA. This initiative, proposed by West and developing countries women and girls
Central African countries, called for the have primary responsibility for ensuring
elimination of US and other subsidies,3 in household water needs, this would have a
order that the cotton market could be negative impact on their daily workload. As
sustainable for African farmers. water is critical to the day-to-day lives of
Gender, the Doha Development Agenda, and post-Cancun negotiations 77

families, reduced access to safe water has an development. They have implications for
impact on other social reproduction roles of national policy designed to deal with
women. historical social injustice, as well as the
GATS distinguishes between how a growth and nurturing of vulnerable groups
service is provided (mode of service and sectors. It is therefore important to
provision) and sets rules on how countries highlight how the Singapore issues could
treat foreign service-providers. In the affect men and women in the economy.
provision of international telephone calls
and distance learning, international telephone Competition policy
companies and foreign universities come Competition policy is the set of laws and
under 'cross-border services', or Mode I. regulations designed to maintain a fair
Tourism and travel for health care comes degree of competition by eliminating
under 'consumption abroad, Mode II'. restrictive business practices by private
Foreign banks and McDonald's subsidiaries enterprises (UNDP 2003). Developing
are covered by 'commercial presence, Mode countries are generally opposed to the
III', and foreign nurses, doctors, and Multilateral Framework for Competition
management consultants are covered by Policy (MFCP), which they believe
'temporary movement of natural persons, provides greater market access for EU and
Mode IV. OECD firms in developing countries and is
GATS, which seeks to eliminate 'all inimical to their own local development
measures affecting trade in services',5 is a needs. These countries also cite the fact
framework agreement that provides for that there are already existing multilateral
'progressively higher levels of liberalisation rules to deal with restrictive business
of all services'(GATS, Article XIX). To date practices.
the GATS negotiations have been focused on Women, disadvantaged minorities, and
the process of submitting 'requests' and other owners and operators of small and
'offers' for service areas in which countries medium-sized enterprises (SMEs) in
desire further liberalisation on the part of developing countries are often under-
their trading partners. This would expand capitalised. An MFCP is likely to reduce the
market access to new areas and - depending support of national industrial policy in
on the outcomes of the negotiations - could favour of SMEs and local capital, as part of
eliminate some of the benefits to women sustainable and gender-equalising economic
which had been gained as a result of the development. An MFCP is likely to have an
exemptions to liberalisation that had been adverse effect on government-mandated
allowed in certain sectors, and which had practices such as affirmative action for
been appended to the agreements as SMEs, especially women-owned businesses.
'schedules' by each country involved in the SMEs cannot compete with the unregulated
trading negotiations. presence of transnational corporations from
The Singapore Issues6 developed countries.7
The formulation of a set of four 'new'
issues, known as 'Singapore Issues', Government procurement
prompts a certain amount of controversy Government procurement refers to the
concerning the multilateral trade system. purchasing of intermediate goods and
Part of the controversy is that these issues services by national, municipal, and local
are usually left to the discretion of national government. These goods and services are
policy makers. Binding multilateral rules in purchased for physical infrastructure,
these areas may restrict governments' defence equipment, public good, and
decisions on areas critical to national government administration (UNDP 2003).
78

The current debate on the 'government local business will depend on what sectors
procurement agreement' is focused on or firms lose out in this process, and the
'transparency', including publication of gendered nature of the workforce that
national legislation and practices. Under the dominates this area.
terms of the Doha mandate, government
provisions which discriminate in favour of Investment
national suppliers and domestic preferences From the wide range of more than 39
cannot be challenged. However, there are proposals (of which only about four are
differences of opinion on all sides of the from developing countries) presented to
debate in relation to definitions of trans- the WTO on the Multilateral Investment
parency, possible coverage (goods and services, Agreement (MIA), it is clear that the main
or goods only), suppliers' rights versus intent is to protect so-called investors' rights.
government obligations, and enforcement This includes national treatment, whereby
and compliance mechanisms. Furthermore, foreign investors must be treated as
developing countries see the introduction of favourably as domestic investors, with no
transparency as a step towards government discipline on investors, and at best a benign
procurement coming under WTO discipline approach to the development dimensions
and subject to dispute settlement. of investment. Developing countries are
The gains of transparency to developing overwhelmingly opposed to an MIA in
countries are not so clear. Proponents claim the WTO.
that enhanced efficiency and competition Much attention has been paid to gender-
would lead to increased innovation among related impacts of 'foreign direct investment'
suppliers, reduced public expenditures (due (FDI).9 Most studies tend to concentrate on
to possible lower prices of a competitive the employment dimension, but there are a
process and likely decrease in corruption), few that explore the broader questions of
partnership between foreign and local resource allocation and exchange-rate effects.10
suppliers, good governance, and increased FDI has an impact on the quantity and
legal certainty. However, there is much quality of female and male employment; the
debate about the proportion of these nature, size, and growth potential of SMEs
presumed benefits that will accrue to owned and operated by women; de-regulation
individual developing countries.8 of the labour market and the consequent
Women entrepreneurs in SMEs may be implications for women's health and
affected by changes in procurement which morbidity and overall long-term economic
would deprive them of current preferential empowerment.
access to government purchases. In addition,
the cost of transparency must be paid for, Trade facilitation
and some budgetary items therefore must be Trade facilitation refers to activities and
sacrificed. Most often the trade-off would be practices relating to the movement, release,
in the social sector of the budget, which is and clearance of goods that cross national
critical for women's daily care of families borders (WTO 2002). This includes
and households. Finally, under a compre- increasing the rules and regulations for
hensive Procurement Agreement, government collecting, presenting, communicating, and
loses control of purchasing as a way to processing data, such as customs or
stimulate local employment and markets. licensing procedures, transport formalities,
Some employment will definitely be lost import and export procedures, insurance,
when foreign bidders out-compete local and payments (WTO 2000).
firms, and jobs go abroad. Whether women Trade facilitation will involve extra
or men are disadvantaged by the decline in budget spending. The potential loss of
Gender, the Doha Development Agenda, and post-Cancun negotiations 79

revenue and unexpected costs will increase public services, tourism, and the differential
stress on the budget.11 Countries' experience constraints of domestic regulation on women
implementing the WTO Agreement on and men. There is also need for research on
Customs and Valuation includes an the gender dimensions of the movement of
estimated expenditure of US$ 16.2 million in natural persons, in terms of both prof-
Tunisia and US$ 38.5 million in Bolivia. essionals and semi- and unskilled workers,
It is not clear to what extent trade facilitation many of whom are women.
will increase the exposure of SMEs to Finally, in the lead-up to the Hong Kong
international trade, or impose on them Ministerial, gender advocates need to
additional structural disadvantages. develop research and policy positions on
how the Singapore Issues affect women
workers and entrepreneurs. There should be
Towards the forthcoming no expansion of the investment provision of
Hong Kong Ministerial the GATS (Mode III) to include investors'
Women's NGOs were very active in the protection. More constraints imposed by
many preparatory events held at Cancun, GATS will limit the policy space of
such as the International Forum on governments, with potentially negative
Women's Rights in Trade Agreements. implications for national development and
While the International Forum focused on gender equity provisions.
strategies for protecting women's human
rights, the Association for Women's Rights Mariama Williams is the Research Advisor for
and Development (AWID), Women's Edge, the International Gender and Trade Network
the Women's Environment and and Co-ordinator, Political Economy and
Development Organisation (WEDO), and Globalisation, with responsibility for
the Women's International Coalition for International Trade for Development
Alternative With Women for a New Era
Economic Justice (WICEJ)12 organised an
(DAWN). She is also an Adjunct Associate at
NGO Women's Caucus in Cancun.13 The
the Centre of Concern, Washington, DC and a
International Gender and Trade Network
Director of the Institute for Law and
held daily briefing sessions for both
Economics, Kingston, Jamaica.
government delegates and NGOs within
mariama@igtn .org
the formal event.
Although women's groups have not
adopted a coherent position on all the issues Notes
on the Cancun agenda, there is unity on the 1 Important actors in bringing the
need to increase understanding of trade attention of the international women's
issues, and invest in gender audits of trade movement to economic issues such as
policy and the impact of trade liberalisation structural adjustment and the debt
on different groups of women. Gender and crisis, and who are now also focusing
trade advocates will have to formulate on trade issues are: Caribbean
positions on the various sectoral provisions, Association for Feminist Research and
as well as recommendations for trade Activists (CAFRA), Development
negotiators on AOA, GATS, and the Alternative with Women for a New
Singapore Issues. Era, Network Women in Development
A gender perspective on the AOA will Europe (WIDE), WEDO, and Women
need to elaborate a gender analysis of Working Worldwide. New formulations
strategic products, food security, and special emerging out of the trade activism
safeguard mechanisms. There needs to be a include the Informal Working Group
clear gender analysis of GATS, including on Gender and Trade (IWGGT,
80

Europe), the International Gender and additionally, there is the cost of


Trade Network (IGTN), and Women's implementation (logistical and
Edge. bureaucratic), and finally there are
2 This safeguard, called compulsory bound to be significant equity and
licensing, is justifiable when the efficiency losses.
patented medicine is essential but 9 See for example, Braunstein (1999) and
unavailable due to lack of supply or an Sequino (1997).
unreasonably high price. 10 These are elaborated in greater detail in
3 The US subsidy of more than $20 Williams 2003a.
billion (1999-2002) to its cotton farmers 11 Pakistan, which switched to pre-
guarantees them a certain price, shipment inspections (1995-97) before
regardless of the world price. Under it had developed information systems
this protection, US cotton production and full documentation on its
has, in turn, led to over-supply and has economy, experienced substantial
reduced the world market price even under- and over-valuation by traders,
further. resulting in a fall in revenue collection.
4 It is 68 per cent of the value added for Ultimately this put a great strain on
high-income countries and 38 per cent budgetary resources (Pirzada 2002).
for low-income countries (Andrew The Philippines also experienced a
Crosby and Jasmine Tacoa-Vielma similar result (Jeros, cited in UNDP
(2000), 'Trade in Services and 2003). On the other hand, Bolivia seems
Sustainable Development: the GATS to have had an increase in revenue
and sustainable development', Bridges collection from custom reform
4(4)). (Gutierrez 2001).
www.ictsd.org / issarea / services / productd 12 The advocacy arguments and strategies
/crosbt-taco-vielma.pdf for and beyond Cancun are extensively
5 This includes government laws, policy, discussed in the publications of these
and regulatory and administrative groups and available on their various
rules such as grants, subsidies, websites: www.igtn.org,
licensing standards and qualifications, www.awaid.org/cancun,
limitation on market access, food-safety www.wicej.org
rules, economic-needs texts and 13 A cursory review of the WTO NGO
local-content provision, nationality registration list shows that more than
requirements, residency requirements, 18 women's organisations were
technology-transfer requirement, formally accredited with the WTO for
restriction on ownership of property or the Cancun meeting, including
land, and tax measures which affect the AWEPON (African Women's Policy
foreign provision of services. Network); AWID; DAWN; Diverse
6 This section draws heavily on Williams Women for Diversity (DWD); GENTA-
2003b. IGTN; GERA; HOME, Inc.; Caribbean
7 While the dominant explicit themes at Association for Feminist Research and
Cancun are the core WTO principles of Action (CAFRA); Espacio Mujeres
transparency, procedural fairness, and Rumbo a Cancun; Foro Nacional de
non-discrimination, market access is Mujeres y Politicas de Poblacion; La
the underlying subtext and driving Coordinadora Nacional por un Milenio
motivation. Feminista; Home Workers Organized
8 At issue is the scope and definition of for More Employment; the Inter-
transparency; if too broadly defined, it national Gender and Trade Network
will bring little benefit to development; (IGTN); KULU; Korean Women
Gender, the Doha Development Agenda, and post-Cancun negotiations 81

Advance Farmers (KWAFF); Mujers Quisumbing, Agnes (1995) 'Gender


para el dialogo; SEWA (India); SEWA- Differences in Agricultural Productivity:
Nepal; Women's Edge; WEDO; WICEJ; A survey of empirical evidence',
and WIDE. Washington, DC: International Food
Policy Research Institute (IFPRI).
Sengendo, May C. and Godber Tumushabe
References (2002) 'Market Access Information
Baden, Sally (1998) 'Gender Issues in Provision and Needs for Female and
Agricultural Liberalisation', BRIDGE Male Exporters in Uganda's Horticulture
Report No. 41. Topic paper prepared for and Fisheries Sectors'. Draft Research
Directorate General for Development Report, Gender and Economic Reforms
(DGVIII) of the European Commission, in Africa Phase Two Project, December,
Brighton: Institute of Development Accra, Ghana: GERA (Third World
Studies. Network).
Braunstein, Elise (1999) 'Engendering Sequino, Stephanie (1997) 'Gender Wage-
Foreign Direct Investment: Household inequality and Export-led Growth in
structure, labor market and international South Korea and Taiwan: the effects of
mobility of capital', World Development structural changes and economic
28(7):1158-72. liberalisation', Geneva: South Centre.
Gutierrez, J E. (2001) 'Customs Reform and UNDP (2003) Making Global Trade Work for
Modernisation Program'. Presented at People, UNDP/Heinrich Boell Foundation/
WTO workshop on technical assistance Rockefeller Brothers Fund/Wallace
and capacity building in trade Global Fund, London: Earthscan
facilitation, 10-11 May, Geneva. Williams, M. (2003a) Gender Mainstreaming
www.wto.org / english/ tratop_e / tradfa_e / in the Multilateral Trading System,
tradefac_workshop_presentation_e.htm London: Commonwealth Secretariat.
Madeley, John (2000) 'Trade and hunger', www.thecommonwealth.org
in Global Studies No. 4, Church of Williams M. (2003b) 'Gender and the
Sweden, AID/Diakonai/Forum Syd. Singapore Issues: A Primer'.
Palley, T. (2004) 'After Cancun: Possibilities www.igtn.org
for a New North-South Grand Bargain WTO (2000) 'Trade Facilitation Work in
on Trade', Washington, DC: The Open 2000'. http://docsonline.wto.org
Society Institute. WTO (2002) 'Trade Facilitation Work in
Pirzada, Moeed (2002) 'Pakistan's 2002'. http://docsonline.wto.org
Experience with New Trade Facilitation
Measures'. Background notes for Trade
and Sustainable Human Development
Project, New York, UNDP.
82

Corporate responsibility
and women's employment:
the case of cashew nuts
Nazneen Kanji
We know that falling international prices and the exploitative practices of buyers and retailers have
had a negative impact on the wages and working conditions of workers in developing countries.
This short piece discusses an exceptional example of better practice in the cashew nut industry in
Mozambique, which demonstrates that collaboration between government, companies, and civil
society organisations at the national level can contribute to gender equality and sustainable
development. However, in a liberalised, market-oriented environment, an analysis of potentials and
constraints across the entire value chain has to inform business in developing countries, if decent
wages and working conditions are to be provided. The main challenge is to find ways of
strengthening business incentives at all levels for more responsible practice.

Cashew nut processing for production. In India, the 1990s witnessed an


global markets increase in cashew-kernel exports, with
greater import liberalisation for raw nuts and
As the cashew nut is one of the most a relaxation of licensing regulations for
valuable processed nuts on global commodity processors (Eapen et al. 2004).
markets, it is also an important cash crop With competition between producers and
for farmers and has the potential to the recent entry of Vietnam into the world
generate employment through processing market for cashews, international prices
and export revenue for developing countries.
have fallen for both raw and processed nuts.
The world's largest producers are currently
At the same time, quality requirements are
India, Vietnam, and Brazil; many countries
increasingly applied by buyers of kernels in
in Africa produce smaller quantities.
the USA and Europe. Both the location of
Mozambique used to be the largest
'value addition', and the buyer-driven nature
cashew nut producer in the 1970s, but many
of the cashew nut supply chain have had
factors, including war and drought,
negative implications for the wages and
inconsistent state policies and ageing trees,
resulted in a decline in production (Kanji et working conditions of workers i n
al. 2002). In the 1990s, the privatisation of Mozambique and India.
large processing factories, followed by rapid
trade liberalisation, dealt a near-fatal blow to Wages and working
the processing sector. There are current conditions in cashew-
efforts to revive both production and in-
country processing, but most of the crop is processing plants
exported in raw form to India, which has a In both Mozambique and India, cashew nut
processing capacity far exceeding its local processing has provided an important
Corporate responsibility and women's employment 83

source of wage employment for women. province, (Vijfhuizen et al. 2003a) showed
The state of Kerala has the largest that workers' livelihoods have been badly
processing capacity in India, and there are affected by factory closures and that women,
estimated to be 400,000 women workers in more so than men, have found it difficult to
the industry. In Mozambique, about 10,000 find alternative sources of income. This is
workers were employed in the industry in linked to the restrictions on women's
the early 1990s, but this number has mobility.
dropped to about 2,000 at the current time The new, smaller-scale factories offer
(Lindberg 2001; Eapen et al. 2004). piece rates, and most workers do not earn
In Kerala, with increased competition in the minimum wage. However, because there
the international market and moves towards are few employment opportunities, jobs in
complete liberalisation, out-sourcing of the factories are coveted; when one new
cashew processing on a commission basis factory opened in Namige, in the same
(sometimes called commission varappu) has province, 1,000 people turned up to apply
increased. Most public-sector factories have for 70 jobs (ibid.).
closed, and in private factories employers In the south of Mozambique, workers in
have 'seasonalised' and 'informalised' the factory that we studied started work at
workers. The ownership of the processing 4 a.m. and often worked until late afternoon
sector is dominated by a few Keralan families in order to complete their tasks (Vijfhuizen
(later generations of the men who were et al. 2003b). In general, women tended to
termed 'cashew kings' some 50 years ago). earn less than men and work longer hours, a
However, foreign companies also commission situation which is linked to the piece rates set
through agents, who may be foreign or for the sections of the factory where women
Indian. Most workers do not earn the predominate, namely peeling. Men dominate
minimum wage, which is more likely to be in better-paid positions within the factory,
earned in government-run factories than in including supervision and management.
out-sourced work. However, in all factories, The implications of long hours for women
men are likely to earn higher, more secure are severe, given that they are primarily
monthly salaries than women, as oven responsible for growing food, domestic
operators and supervisors, while women work, and child-care. In addition, there were
tend to be paid on piece rates in the shelling no maternity benefits or child-care in most
and peeling sections (Eapen et al. 2004). factories in either country studied. By
Conditions in the factories are poor. We contrast, large factories in Mozambique,
found that the regulations concerning now closed, which provided more stable
ventilation and protective clothing are not employment throughout the year also
followed (Eapen et al. 2004). The cashew nut provided benefits including creches, food,
shell contains a caustic liquid which burns and child-care.
the hands, and the coconut oil that workers
use to cover their hands provides limited
protection. Besides damage to the hands of
Better practice in
women who work in the shelling section, employment
other health problems such as back strain Although the overall findings of the study
and reproductive complications are suffered clearly show a deterioration in wages and
by women who have to sit or squat in the working conditions in cashew processing
peeling sections, or stand for long periods in in the liberalised and competitive environ-
the cutting sections. ment, there was a single example of
In Mozambique, our study of ex-workers institutional arrangements in Mozambique
in Angoche, a coastal district in Nampula where workers derived more benefits
84

(Vijfhuizen et al. 2003a; Kanji et al. the cashew. In this factory in Mozambique,
forthcoming). only men are employed in the cutting
section (43 men), while women predominate
Miranda-Caju in Natnpula province, in the peeling section (32 women and
Mozambique 6 men), where the work is perceived as
The factory, located in the north of requiring dexterity and patience. Manage-
Mozambique, started to function in April ment explained this division in terms of
2002. It was set up by a private entre- women's own preferences, but the view was
preneur with a one-year low-interest (18 also expressed that women could not handle
per cent) bank loan, which was guaranteed the cutting machine as well as men. There
by the government cashew institute, were mixed views from the women whom
INCAJU. The factory was designed with we interviewed: some did not want to burn
the help of TechnoServe, a USAID-financed
their hands as it would affect their farming
NGO which aims to support entre-
work, while others were willing to take any
preneurial women and men in poor rural
kind of work.
areas. Cashew is processed using the
steaming method and semi-mechanical SNV, with support from TechnoServe,
cutting machines. All the equipment, has further supported the Namige factory,
including ovens, has been manufactured by developing an initiative to set up small-
locally, and the factory itself was scale processing units (so-called satellites)
reconstructed from a ruined building. around the factory. One Mozambican NGO
It is intended that each year, the factory's provides a training component for pro-
output will increase towards its total duction and processing, and another provides
capacity of 1,000 tons of raw cashew per a micro-finance component. The owner of
year. In 2002, the factory began by the factory buys the produce from the small
processing 120 tons and employed 70 units. In the first year of the programme
workers. The kernels produced are graded (2002-3), three units were set up, each with a
and vacuum-packed for export. The Dutch capacity to process 24 tons of raw cashew.
NGO, SNV, assisted the owner to contact a The units buy the raw cashews, steam, crack,
Dutch buyer who operates from Rotterdam dry, and peel them, and pack them for trans-
and exports to various parts of the world. port to the factory. In the factory, the nuts are
Workers receive a free meal at work and, sorted, graded, and packed for export. The
according to their contracts, have access to owner of the factory is responsible for finding
health assistance, paid annual holidays, and the buyers. The Dutch buyer can absorb high
severance pay in case of professional illness volumes of processed nuts for export to
or work accidents. A trade union has been various parts of the world. The owner is
set up and a creche has been constructed in a building up the factory towards maximum
clean, sheltered area where mothers can capacity, while also out-sourcing the initial,
arrange for someone to look after their labour-intensive stages of processing.
children (but with no provision of food or To minimise risks of management failure
trained child-carers as in the old govern- and test technical and economic viability,
ment-owned factories). The owner of the the first three units are run by individuals
Namige factory has recently set up a second (two men and one woman) who have an
factory, and two more similar factories have entrepreneurial background and experience
been set up by other entrepreneurs in the in marketing cashew. The idea is that if
province. the units show viability, less experienced
In India, women dominate the workforce individuals, interest groups, associations, or
in the cashew industry, operating cutting family groups can be given the opportunity
machines as well as peeling and grading to run future units. A total of 21 units is
Corporate responsibility and women's employment 85

foreseen for the first three years of the Implications for the
programme, with each unit employing corporate responsibility
about 12 people. agenda
The satellites initiative has the potential
to increase the quantity of the processed In the current context, unions are weak or
non-existent in the cashew-processing
nuts, as well as generating employment for
sectors in both India and Mozambique.
local people. In these cases, the chain Given the need for cash and employment
becomes much shorter, minimising the opportunities, workers and unions find
number of intermediaries between producer themselves in relatively weak positions.
and exporter, and adding value locally. This Action to promote workers' rights is
is a positive initiative, which should provide complex and should not restrict the
greater benefits to rural communities than livelihood opportunities of poor workers,
the more typical chains, although small nor raise labour costs, so livelihood
intermediary traders may lose out. opportunities for people with few choices
However, it remains to be seen whether the are further reduced. In the Namige case,
the union had only just been set up when
satellite units are economically viable. At
the research was carried out. The employer
present, the Namige factory owner and wanted the union to mediate between
TechnoServe have some reservations about management and workers: to explain to
the financial sustainability of the satellite workers the constraints that he faced as a
units, because quality (the appearance of the result of international prices and to assure
nuts) and productivity (the proportion of them that profits from increased
'whole' nuts produced) have been low, and productivity would be shared with them.
costs are seen to be high, while prices of Unions have often failed to represent the
kernels on the international market have interests of women workers adequately,
remained low. and the development of strong and
representative workers' organisations is an
The Namige initiative provides an
important counterweight to more powerful
interesting example of a 'partnership' interests. It is too early to say if the union
approach between government, NGOs, in the Namige factory will develop in
communities, and the private sector. Better this way.
wages and working conditions are provided
Governments have an essential role to
for workers than in other factories. Because
play in protecting workers' rights and
of the involvement of SNV, and the positive interests, particularly where unions and
relationships that have been built up, the other civil society organisations are weak.
owner of the factory made an effort to have Tri-partite discussions between employers,
at least one satellite run by a woman, and is government, and workers' representatives
in the process of importing castor oil to at the national level should inform
protect the workers' hands, because it is minimum-wage agreements and minimum
more effective than the local oil. Better working conditions. The researchers have
protection may mean that more women suggested that the government should
want to work in the cutting section, although monitor compliance with minimum wages,
or set up multi-stakeholder groups,
it remains to be seen if management will
including NGOs, to carry out this work.
encourage them to do so.
In the 'better practice' that we have
described in this paper, the Namige case
illustrates the potentially important role of
86

support from NGOs working with govern- This case illustrates the potential for
ment and business. However, this case is an collaboration between government, NGOs,
exception, and gender inequalities persist in and employers for improvements in wages
the benefits derived from employment and working conditions in one location. It
within this initiative, since men are still in has even demonstrated some responses to
the higher-paid, more secure positions. issues raised by women workers, by setting
Companies currently take advantage of up a creche and providing better protection
gender inequalities, where women are for workers' hands. However, these
assumed to be 'secondary earners', more improvements are currently dependent on
willing to accept lower wages for their work, the awareness and goodwill of a particular
or perceived to be less skilled at some tasks employer/exporter and the work of a
than others. particular set of organisations working in
Cashew nuts are considered a luxury that provincial location.
food product, and a host of quality require- Cashew processors at the national level
ments is increasingly applied by the USA believe that greater profits are retained by
and Europe. There are indications that salter-roaster companies and large retailers
hygiene, safety, and improvements in at the Northern end of the chain. The key
working conditions will become more challenge then, is to identify points of
important elements to certification. However, leverage along this end of the supply chain,
the investment needed to upgrade where there is little pressure from consumers
conditions for certification is often costly, or buyers for higher labour standards. Until
particularly for small businesses. It is this happens, the costs of production will
usually the workers of larger companies, continue to be passed on to workers, and the
particularly those dealing with branded Namige case may well remain an exceptional
products, who benefit from higher labour example of better practice.
standards associated with certification or
codes of conduct. Nazneen Kanji is Senior Research Associate in
the Sustainable Agriculture and Rural
Livelihoods Programme at IIED (International
Conclusion Institute for Environment and Development).
Campaigners for greater corporate She has been engaged in gender and
responsibility often focus on achieving development work for the past 20 years, and has
'win-wins', where improved social or lived and worked extensively in Africa.
environmental performance leads to She has undertaken poverty and livelihood
business benefits. Such incentives for assessments in urban and rural contexts.
higher standards come through several nazneen.kanji@iied.org
points of leverage, including consumer
demand, civil society pressure, public
sector enforcement, and conditions References
imposed by investors or buyers. But the Eapen, M., J. Jeyaranjan, K.N. Harilal,
case of cashew illustrates the danger of a P. Swaminathan, and N. Kanji, N. (2004)
'race to the bottom' when companies 'Liberalisation, gender and livelihoods:
operating in liberalising sectors face few, if the cashew nut case', IIED Working
any, of these incentives. Paper 3: India Phase 1: Revisiting the
While the Namige case is an exceptional Cashew Industry. Available on IIED
example of better practice, women workers website at
in this sector still face deteriorating wages, www.iied.org / sari / research/ projects /
working conditions, and discrimination. t3proj01.html.
Corporate responsibility and women's employment 87

Kanji, N., C. Vijfhuizen, and S. Young Vijfhuizen, C , C. Braga, L. Artur, and


(2002) 'Cashing in on Cashews. Policies, N. Kanji (2003a) 'Liberalisation, Gender
Production and Gender in Mozambique'. and Livelihoods: the Cashew Nut Case',
Paper presented at the 8th International IIED Working Paper 1: Mozambique
Interdisciplinary Congress on Women, Phase 1: the North (English and
21-26 July 2002, Kampala, Uganda. Portuguese: available on IIED website at
Kanji, N., C. Vijfhuizen, C. Braga, and www.iied.org/sarl / research / projects /
L. Artur (forthcoming) 'Cashing in on t3proj01.html)
cashew nuts: women producers and Vijfhuizen, C , L. Artur, N. Kanji, and
factory workers in Mozambique', to be C. Braga (2003b) 'Liberalisation, Gender
published in M. Carr (ed.) Best Practices and Livelihoods: the Cashew Nut Case',
in Poverty Reduction: Linking informal IIED Working Paper 2: Mozambique
economy women producers and workers Phase 2: the South (English and
to global markets, London, UK: Portuguese: available on IIED website at
Commonwealth Secretariat. www.iied.org / sari / research / projects /
Lindberg, A. (2001) Experience and Identity: t3proj01.html)
A historical account of class, caste and
gender among cashew workers of Kerala,
Sweden: Lund University.
Compiled by Erin Leigh

Pub lications case studies from the Caribbean, South Asia,


and Africa. The report then provides an
Gender Mainstrearning in the Multilateral overview of mechanisms that can be used to
Trading System: a handbook for policy-makers enforce labour standards and human rights
and other stakeholders (2003) Mariama Williams, alongside trade liberalisation. It concludes
The Commonwealth Secretariat, Marlborough with a consideration of policy implications.
House, Pall Mall, London SW1Y 5HX.
http: / / publications.thecommonwealth.org/ 'Towards Monitoring Mutual Trade -
This publication is an essential resource for Gender Links' (2002) Irene van Staveren,
understanding and integrating gender Institute of Social Studies, PO Box 29776,
analysis into multilateral trade. Williams 2502 LT The Hague, The Netherlands.
begins with a general description of the www.iss.nl/
multilateral trade system and then considers Also available online at
it from a gender perspective. Various key http://adlib.iss.nl/adlib/uploads/wp/
aspects of the multilateral trading system are wp358.pdf
then addressed, including agriculture, services, This paper provides a worthwhile contri-
investment, and intellectual property rights. bution to the gender and trade literature.
The author presents strategies for integrating
First, it includes a literature review on
a gender perspective into the multilateral
gender and trade. This review is split into
system, and an analysis of the content of the
three themes: macro-economic effects,
system itself.
labour-market effects, and socio-economic
effects. Van Staveren then proposes a set of
'Global Trade Expansion and Liberalisation: 14 indicators to measure the impact of trade
Gender Issues and Impacts' (1998) Marzia internationally, or to monitor bilateral trade
Fontana, Susan Joekes, and Rachel Masika, agreements. The paper finishes with a case
BRIDGE, Institute of Development Studies study of a bilateral agreement between
University of Sussex, Brighton BN19RE, UK. Europe and some South American countries
www.ids.ac.uk/bridge (Mercosur countries).
Also available online at
www.ids.ac.uk/bridge/re42.pdf Gender Focus on the WTO (1999) Eva Haxton
The authors present a general analysis of and Claes Olsson (eds.), Global Publications
trade expansion and liberalisation and show Foundation, Stiftelsen Global Kunskap,
how these affect women's livelihoods. Box 1221, S-75142, Uppsala, Sweden.
Usefully, the report provides a review of www.globalpublications.org / eng / indexeng.
existing research, and its gaps. It also includes html
Resources 89

This collection of articles addresses the need This is a technical document which uses a
to incorporate gender equality into the gendered social-accounting matrix and
WTO, and presents case studies and computable general equilibrium model
strategies to do this. Articles cover a range of (CGE) to analyse the varying effects that
issues, including textiles, the environment, trade has on women, depending on their
and human rights. particular context and circumstances. It
compares conditions in Bangladesh and
'Transformation, Participation, Gender Zambia to examine the impact of trade on
Justice: Feminist Challenges in a Globalised gender inequality, depending on context-
Economy' (2003) Mandy Macdonald, specific culture and labour-market
Women in Development Europe (WIDE), characteristics. It explores other economic
rue de la Science 10,1000 Brussels, Belgium. models, the strengths of the CGE model, and
www.eurosur.org / wide / suggests further research.
This report from WIDE's Annual
Conference 2003, hosted by the WIDE 'Gender Mainstreaming in Trade and
Austria in Vienna, 23-24 May 2003, offers Industry: A Reference Manual for
new insights into the present complex Governments and other Stakeholders'
political, economic, and social dynamics of (2000) Louise O'Regan, The Commonwealth
world trade by analysing the negative Secretariat, Marlborough House, Pall Mall,
consequences of these trends for women London SW1Y5HX.
worldwide. It suggests feminist strategies http: / / publications.thecommonwealth.org /
and alternatives to meet the numerous This main focus of this manual is on gender
challenges posed by the neo-liberal system. mainstreaming within Ministries of Trade
and related government agencies, but the
'Gender Issues in Agricultural Market text would be useful in other contexts. It
Liberalisation' (1996) Sally Baden, BRIDGE, promotes women's advancement through
Institute of Development Studies, strategies to incorporate their concerns on a
University of Sussex, Brighton BN1 9RE, regularly monitored cycle. It also includes
United Kingdom. suggestions on advancing gender equality
www.ids.ac.uk / bridge in the private sector.
Also available online at
www.ids.ac.uk / bridge / Reports / re42c.pdf Rigged Rules and Double Standards: Trade,
Baden presents an analysis of gender in Globalisation, and the Fight Against Poverty
agricultural market liberalisation. While this (2002) Oxfam GB, 274 Banbury Road,
paper is relatively technical, it offers useful Oxford, OX2 7DZ.
suggestions on areas where further research www.oxfam.org.uk / publications /
is needed, and ways of considering various Also available online at
processes related to agricultural market www.maketradefair.com / assets / english /
liberalisation from a gender perspective. report_english.pdf
This comprehensive report analyses the
'At Work and at Home: A Comparative nature of international trade, and the way in
Perspective', TMD Discussion Paper No. 110 which the current regulations favour the
(2003) Marzia Fontana, Trade and needs and economies of rich countries and
Macroeconomics Division, International discriminate against poor countries. It is a
Food Policy Research Institute (IFPRI), 2033 call to action to challenge the current system
K St. NW, Washington, DC 20006, USA. that results in the rich getting richer, and the
www.ifpri.org poor getting poorer.
Note: One hard copy is available free of charge by
emailing IFPRI-TM@cgiar.org
90

Global Woman: Nannies, Maids, and Sex Partners in Change: Stories of Women's
Workers in the New Economy (2003) Barbara Collectives (2002) Global Alliance Against
Ehrenreich and Arlie Russell Hochschild Traffic in Women (GAATW), PO Box 36,
(eds.) Metropolitan Books, Henry Holt Bangkok Noi Post Office, Bangkok 10700,
and Company, Inc., 115 West 18th Street, Thailand
New York, NY 10011, USA. www.gaatw.org
www.henryholt.com / metropolitanbooks.htm Partners in Change presents a series of
Global Woman is a collection of articles interviews conducted by local activists or
relating to the experiences of women GAATW staff with women's groups in
migrant workers. It analyses trends that rely India, Bangladesh, Cambodia, Vietnam,
on migrant women workers to support rich Thailand, and Indonesia. It highlights
country care economies, to the detriment of women's capacity to organise, and improve
their own families. Topics covered include their own and others' lives. Also available is
the situation of Mexican nannies in Los 'Partners in Change: A Report of the
Angeles, and Thai girls in Japanese brothels. Conference', 2002, a three-day conference
organised by GAATW.
Doing the Dirty Work: The Global Politics of
Domestic Labour (2000) Bridget Anderson Promoting Gender Equality. A Resource Kit for
Zed Books, 7 Cynthia Street, London Nl 9JF Trade Unions (2002) International Labour
/ Room 400,175 Fifth Avenue, New York, Organization (ILO), ILO Publications, 4
NY 100010, USA. route des Morillons, CH-1211 Geneva 22,
www.zedbooks.co.uk Switzerland, pubvente@ilo.org
This study examines migrant domestic work www.ilo.org
in the North. In doing so, issues of gender, Available online at
race, and class are raised. It challenges the www.ilo.org / public / english / employment
image of a homogeneous woman with a / gems / eeo / tu / tu_toc.htm
single set of needs. Instead it identifies The ILO has produced a collection of eight
differences in women's interests, and booklets as tools to help trade unions to
describes the way in which migrant women promote gender equality, both within
are exploited to advance other women's unions and through their work. The booklets
status. The book, based on original research, cover topics such as working with diversity,
is a useful introduction to the issues. promoting women workers' rights, and
promoting gender equality through
Gender, Trafficking, and Slavery (2002) Rachel collective bargaining.
Masika (ed.) Oxfam GB, 274 Banbury Road,
Oxford, OX2 7DZ. Women Workers: Reaching for the Sky. Trade
www.oxfam.org.uk / publications / Unions and the Beijing Platform for Action
This collection of articles addresses the (2000) Kate Holman, International
illegal 'trade' of people across borders. Confederation of Free Trade Unions (ICFTU).
While no contribution explicitly considers Available online at
economic trade and trafficking, there is an www.icftu.org/www/pdf/womensky.pdf
analysis of the impact of economic Holman's publication traces the progress
globalisation, including the agenda of trade made in promoting gender equality within
liberalisation, on the lives of women, men, and through trade unions, especially as
and children. recommended by the Beijing Platform for
Action. A large number of CFTU country
assessments are included in the document.
This is followed by a broader analysis of
Resources 91

governments' commitments and progress (from a gender perspective) value chains in


on the platform, and the issues that are most horticulture that link South Africa, Chile,
pertinent to trade unions, including migrant and Europe.
women workers, the informal sector,
prostitution, and more. Underscoring all of
this are emerging and increasing barriers to
i resources
gender equality, including violence against 'Trade, Gender and Poverty' (2001) Nilufer
women, the gap between the rich and poor, Cagatay, United Nations Development
and exploitation in the workplace. Program (UNDP).
www.undp.org / mainundp / propoor / docs
/ pov_tradegenderpoverty_doc.pdf
Cagatay analyses the relationships between
World Development 28/7 (2000) Caren Grown,trade, poverty, and gender, considering
Diane Elson and Nilufer Cagatay (eds.), their impact on gender inequalities,
Elsevier, Customer Service Department, especially via employment, wages, and the
PO Box 211, 1000 AE Amsterdam, The care economy. It also looks at the impact of
Netherlands. gender inequalities on trade itself. A valuable
www.elsevier.com text for understanding the issues in an
This special issue of World Development is explicitly development-focused framework.
about growth, trade, finance, and gender
inequalities. It is edited by members of the 'Engendering International Trade: Concepts,
International Working Group on Gender, Policy and Action' (1995) Lourdes Benen'a
Macroeconomics and International Economics, and Amy Lind, Gender, Science and
as part of a larger initiative to explore ways Development Programme and the United
to apply gender analysis to macro- Nations Development Fund for Women.
economics, both theoretically and practically. www.ifias.ca / gsd /beneria.contents.html
The issue is divided into three sections: This paper presents the gender dimensions
(1) gender, inequality, growth, and trade of trade, underpinned by a more general
liberalisation; (2) gender inequality and background on regional and global trade
financial liberalisation; and (3) gender liberalisation. The gendered effects of trade
relations and production in agricultural on employment, price, and income are
economies. The contents are challenging to considered, demonstrating the need for
those unfamiliar with economics, but make context-specific analysis to understand the
an important contribution to the field of positive and negative effects on women. The
gender and economics in development. paper then addresses particular sectors,
industries, and regions from a gender
IDS Bulletin 32/3 0uly 2001) Institute of perspective, and highlights emerging issues
Development Studies, Publications Office, and areas for further research.
IDS, University of Sussex, Brighton BN19RE.
www.ids.ac.uk/ids/bookshop / index.html 'Globalization and the Informal Economy:
This issue of the IDS Bulletin is entitled How Global Trade and Investment Impact
'The Value of Value Chains: Spreading the on the Working Poor' (2001) Marilyn Carr
Gains of Globalisation'. It addresses value and Martha Chen, International Labour
chains from numerous perspectives in 11 Organization (ILO).
articles. Among these is an article by www.wiego.org / papers / ilo_chen.pdf
Stephanie Barrientos on 'Gender, flexibility, Carr and Chen analyse the growing informal
and global value chains' which considers economy under global trade liberalisation.
92

They explore the opportunities and barriers 'Analysis of the Free Trade Area of the
that this growing sector presents to women, Americas Text from a Gender Perspective'
both self-employed and wage workers. (2003) Marceline White and Alexandra
Working areas covered include fashion, Spieldoch, Hemispheric Social Alliance.
non-traditional agricultural exports, and www.stitchonline.org/archives / WEAnalys
shea butter, while regions covered are Asia, isperspective.pdf
Africa, and Latin America and the White and Spieldoch have undertaken a
Caribbean. gender analysis of the second draft of the
Free Trade of the Americas (FTAA) text. In
'Trade, Sustainable Development and this brief paper, key concerns are raised
Gender' (1999) United Nations Conference about the potential for the agreement to
on Trade and Development. further marginalise women in particular
www.unctad.org/en / docs / poedm_m78.en and poor people more generally. Concerns
.pdf raised by the authors include the
A collection of more than 40 papers liberalisation of agriculture at the expense of
prepared in support of the themes discussed subsistence agriculture, and the privati-
at the Pre-UNCTAD Expert Workshop. sation of services, which makes them
Written predominantly by experts from increasingly expensive and inaccessible.
developing countries, and countries in They conclude with recommendations to
transition, they present research and show how policy and practice in each area of
analysis on the connections between trade, concern could be made more gender-
sustainable development and gender, sensitive and pro-poor.
recommending ways in which UNCTAD
could work on all three in conjunction. Both 'The NEPAD, Gender and the Poverty Trap'
conceptual and country case studies are (2002) Zo Randriamaro, Gender and
presented from Africa, South Asia, Eastern Economic Reforms in Africa Programme
Europe, South America, and North America. (GERA).
A useful and comprehensive resource. www.twnafrica.org / gera.asp
Randriamaro analyses the New Partnership
'Gender, International Trade and the Trade for Africa's Development (NEPAD) from a
Policy Review Mechanism: Conceptual gender perspective. She questions its ability
Reference Points for UNCTAD' (2002) to reduce poverty in the region while it
Barbara Evers, Gapresearch.org, IDS. maintains a predominantly neo-liberal frame-
www.gapresearch.org/governance/BE%20 work (which includes trade liberalisation).
evers%20unctad%20paperl .pdf She argues that the NEPAD, with its
This document considers particular issues of dominant economic focus on neo-liberali-
importance to UNCTAD with respect to sation, is blind to gender and other social
gender and trade. The author begins by concerns, and will have a detrimental
examining the connections between impact on both women and men.
economic policy and gender, before
considering trade liberalisation more 'Women in Economic Decision Making:
deeply. Examples of specific issues include A Study on the Barriers to Career
gender inequality and agriculture, the need Progression' (2003) Jenny Kimmis, Institute
for trade mechanisms and policies to of Development Studies (IDS).
understand women's work burdens, and the www.ids.ac.uk/ids / global / finance / pdfs /
weakened ability of the state to support WEcoStudyFinal.pdf
commitments made to gender equality in a This study presents a review of the literature
liberalised context. on women in economics, and on women in
Resources 93

management. It is supported by 12 This brief WIDE information sheet suggests


interviews with women in different levels of how indicators can be used to analyse the
decision-making in the field of economics. relationships between gender and trade,
This is a valuable contribution to under- both on a country-to-country level and on a
standing how women are restricted from trading-bloc level. Three sets of indicators
advancing in economics, and what women are presented: situational, political will, and
and organisations are doing to address these dynamic indicators. The use of these
restrictions. indicators is then demonstrated in various
capacities, from identifying the consistency
'Engendering International Trade: Gender between gender and trade policy, to
Equality in a Global World' (no date) identifying the need to incorporate gender
European Women's Lobby. concerns into policy.
www.womenlobby.org/Document.asp7DocID
=220&tod=4141 'Gender and International Trade: an
This brief primer from the European Annotated Bibliography' (2002) Chantal
Women's Lobby outlines in a clear and Blouin, Status of Women Canada.
accessible manner the particular impacts of http: / / collection.nlc-bnc.ca /100 / 200 / 301 /
trade on women, both positive and negative. swc-cfc / gender_intl_trade-e / html / index_e.
It covers various pertinent topics and html
provides recommendations targeted at the This annotated bibliography identifies
EU and beyond. Topics covered include literature that is both Canada-specific and
poverty, labour, trafficking, migration, and international. It covers a range of related
women's family life. topics including gender and trade generally;
trade and labour standards; trade and
'The TRIPS and Public Health Debate: migration; intellectual property and
An Overview' (2001) Mariama Williams, aboriginal women in Canada; trade and
International Gender and Trade Network health care; trade and human rights; and
(IGTN). trade and women entrepreneurs.
www.coc.org / pdfs / coc / TRIPSandHealth.
pdf UNIFEM Gender and Trade Website
This accessible article, with technical terms www.unifem.org / trade
defined in the footnotes and text, provides UNIFEM's website provides accessible
an understanding of the key issues relating resources for understanding the relationship
the World Trade Organisation's (WTO) between gender and trade. It includes a
agreement on the Trade-Related Aspects of 'situational analysis' of a range of issues
Intellectual Property Rights (TRIPS). The related to gender and trade, such as
core issue are the obstacles posed to intellectual property rights, trade in services,
Southern nations which need to acquire and women's employment.
cheap drugs for illnesses, especially
HIV/AIDS. Make Trade Fair
www.maketradefair.com
This is Oxfam's trade campaign website.
It contains a report entitled 'Trading Away
'Gender and Trade Indicators' (2002) Irene
Our Rights: Women working in global
van Staveren, Women in Development
supply chains' report (see the article by
Europe (WIDE).
Kidder and Raworth in this collection). In
www.genderandtrade.net/Europe/Inform addition, it provides opportunities to learn
ationSH.pdf more about fair trade and to take action in
support of the campaign.
94

CAFRA is a regional network of feminists,


Focus on Trade - Can Trade Generate Development
for Women ? KULU Women and Development. individual researchers, activists, and women's
www.kdu.dk/Finandng/Seminar/introduction organisations which defines feminist
.htm politics as a matter of both consciousness and
The Focus on Trade website is the result of a action. CAFRA, committed to understanding
seminar on the importance of gender and the relationship between the oppression of
trade in relation to the UN Conference women and other forms of oppression in the
Financing for Development (FfD) (2002). society, is working actively for change.
It includes workshop reports and present-
ations from a variety of regional perspec- The Gender and Economic Reforms in Africa
tives including Africa, Asia, the Caribbean, Programme (GERA), PO Box AN 19452 ,
Central and Eastern Europe, and the Newly Accra, North Ghana. Tel: (233) 21
Independent States (CEE/NIS). 511189/503669; Fax: (233) 21511188
gera@twnafrica.org
The International Confederation of Free Trade www.twnafrica.org / gera.asp
Unions (ICFTU)
The Gender and Economic Reforms in Africa
www.icftu.org
(GERA) programme is a pan-African research
ICFTU, established in 1949, has 233 affiliated and advocacy programme, established in
organisations in 152 countries and territories 1996 by women from across Africa in order
on all five continents, with a membership of to influence economic policies and decision-
150 million. One of its concerns is gender making processes in Africa from a gender
equality, and you can find gender and trade perspective. Committed to gender equality
union publications and resources on this and economic justice, the programme
website, including the 'Organising Campaign supports African women to undertake a
Kit: Women for Unions: Unions for Women' variety of African-designed policy research
and 'Positive Action Programme for Women and advocacy projects that meet country-
and Development'. and region-specific needs. Since 1996, GERA
has supported 16 action-research projects in
Organisations 11 sub-Saharan African countries.
International Gender and Trade Network, IGTN
Secretariat, 1225 Otis Street, NE, Development Alternatives with Women for a
Washington, DC 20017, USA. Tel: 202 635 New Era (DAWN), PO Box 13124, Suva, Fiji.
2757 ext. 128; Fax: 202 832 9494 Tel/Fax: (679) 314 770
secretariat@coc.org admin@dawn.org.fj
www.genderandtrade.net www.dawn.org.fj
This network consists of seven regional DAWN began in 1984, on the eve of the
networks (Africa, Asia, Caribbean, Europe, international conferences marking the end
Latin America, North America, and Pacific) of the UN Decade for Women, when a group
of women involved in research, advocacy, of feminists from the South with similar
and economic literacy on issues of trade and visions prepared a platform document for
development. that event and held a number of workshops
at the NGO Forum in Nairobi. DAWN's
Caribbean Association for Feminist Research and platform document, Development, Crises and
Action (CAFRA), PO Bag 442, Tunapuna Post Alternative Visions: Third World Women's
Office, Tunapuna, Trinidad and Tobago. Perspectives (Monthly Review Press 1987),
Tel: (868) 663 8670; (868) 662 1231; (868) 662 written by Gita Sen and Caren Grown, was a
6472; Fax: 868 663 6482 Southern feminist critique of three decades of
cafrainfo@wow.net development. One of DAWN's programme
Resources 95

themes is the 'Political Economy of Women's Edge, 1825 Connecticut Avenue


Globalisation'. NW, Suite 800, Washington, DC 20009, USA.
Tel: (202) 884 8396
Women's International Coalition for Economic edge@womensedge.org
Justice (WICEJ), New York, NY 10040, USA. www.womensedge.org
info@wicej.org; Women's lack of participation in economic
www.wicej.org and trade policies stunts economies, holds
WICEJ is an international coalition, repre- back countries, and makes the goal of ending
senting organisations in all regions of the poverty nearly impossible. To address this,
globe. It works to link gender with macro- the Women's Edge Coalition, a non-partisan
economic policy in international inter- organisation, was created in 1998 to
government policy-making arenas, from a advocate for the needs of millions of women
human rights perspective. It utilises an and poor people around the world left
integrated feminist analysis which links the destitute and desperate by unfair trade
multiplicity of systems that oppress women, policies. The Coalition offers positive
and it recognises the diversity of women's alternatives to current policies and pushes
experience, determined by race, ethnicity, for innovative aid programmes to ensure
class, national origin, citizenship status, and that women around the world are not
other factors. forgotten, but given access to the trade
negotiation process. By revising the process
Women Working Worldwide, MMU Mantonof economic and trade negotiations, both
Building, Rosamond Street West, Manchester trade promoters and the world's poorest
M15 6LL,UK. women benefit.
info@women-ww.org
www.poptel.org.uk / women-ww / Maquila Solidarity Network (MSN), 606 Shaw
Women Working Worldwide is a small UK Street, Toronto, Ontario, Canada M6G 3L6.
voluntary organisation working with a global Tel: (416) 532 8584; Fax: (416) 532 7688
network of women-worker organisations. info@maquilasolidarity.org
It began in 1983, when a group of researchers www.maquilasolidarity.org
and activists came together to organise a The Maquila Solidarity Network is a
conference on women and the international Canadian network which promotes solidarity
division of labour. Its aim is to support the with groups in Mexico, Central America,
rights of women workers in an increasingly and Asia that are organising in maquiladora
globalised economy in which women are factories and export-processing zones to
used as a source of cheap and flexible labour. improve conditions and win a living wage.
The focus has been on industries which have In a global economy it is essential that
relocated to the developing world, parti- groups in the North and South work
cularly the textile and garment industry. together for employment with dignity, fair
Work is also now taking place on fresh wages and working conditions, and healthy
produce supply chains. workplaces and communities.

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