Accra (Greater Accra) 10 May 2000
Parliament on Tuesday passed legislation on breastfeeding, banning the sale, promotion or advertisement of any breastfeed substitute described as "designated product" in any health facility.
The Breastfeeding Promotion Regulation, 2000, L.I. 1667, seeks, among other objectives, to encourage nursing mothers to use breast milk, which has been scientifically determined as more hygienic and nutritionally superior to substitutes.
The Legislative Instrument interprets designated product as including infant formula, any other product marketed or otherwise represented as substitute for feeding infants up to six months of age, follow-up formula, feeding bottles, teats and pacifiers.
In a motion for the endorsement of L.I 1667, Nana Akufo Addo, Chairman of the Parliamentary Committee on Subsidiary Legislation, said in a report that research conducted under the auspices of the World Health Organisation (WHO) indicates that natural breast milk is the best source of good nutrition for infants.
He said it has now been scientifically established that breast milk substitutes are harmful to the health of both mother and infant.
"These substitutes contribute greatly to high infant mortality as they are a persistent source of diarrhoea and respiratory diseases," the report said.
It noted that rural poverty, ignorance by illiterate mothers of the methods for the preparation of breast feed substitutes, as well as the unhygienic conditions under which such food is prepared, aggravates the situation.
Natural breastfeeding, which is usually readily available in sufficient quantities, is, however, much better for both mother and child. "Scientific evidence shows that the nutritional value is far superior to that of substitutes.
"Additionally, modern psychology tells us that natural breastfeeding facilitates the bonding between mother and infant," the report said.
Nana Akufo Addo said there is, therefore, every need in a society, such as ours, with unfortunately a large illiterate base, not only to widen and deepen public education about the ill effects of continued dependence on substitutes, but also to take positive steps to discourage their use and to narrow access to them.
"This is what the legislative instrument seeks to do," he said adding that the L.I. has prescribed a wide range of measures, including the banning of sales or promotion of designated products, in every health care facility.
The legislation also prohibits the distribution of samples of designated products to health care premises or to health care personnel and requests that manufacture and expiry dates must be exhibited on the labels of designated products.
The L.I. says anyone who contravenes any of its regulations commits an offence and is liable on summary conviction to a fine not exceeding five million cedis or to imprisonment for a term not exceeding 12 months or to both.
Nana Akufo Addo submitted that the Committee was satisfied that the L.I. containing the wide-ranging regulations was made with the interest of the child at heart.
"If it is vigorously implemented, the legislation would provide an effective shield against the activities of the merchants of breast milk substitutes, who continue to make unholy profits out of the ignorance of illiterate women," he said.
Mr. George Buadi, NDC-Amenfi East,
supported the motion and said the development of a country is not only measured
by the number of infrastructural facilities it has but also by laws that take
care of the health needs of the people.
He described the legislation as
"progressive" and urged the members to support it. Mr. Buadi
commended the Ghana National Commission on Children (GNCC) for its positive
role at ensuring that children are adequately protected.
Mr. Mumuni Abudu Seidu, Deputy
Majority Leader, said, as a nation, Ghanaians should not abandon time-tested
cultural practices for the sake of modernisation. "In the past, the order
of the day was breastfeeding the child but now, as a result of modernisation,
nursing mothers are increasingly using all manner of breast milk
substitutes," he said.
Alhaji Malik Al-Hassan Yakubu,
NPP-Yendi, urged society to live up to its responsibility of safe feeding of
children to ensure their good health.
Squadron-Leader Clend Sowu,
NDC-Anlo, suggested that since the designated products have been found to be
harmful to both mother and child, there should be a total ban on them instead
of limiting the ban to health care facilities.
Mr. Freddy Blay, Second Deputy
Speaker, noted that even though breast milk substitutes have been proved
scientifically to be injurious to the health of infants, this scientific
opinion may be proved wrong in future since science is dynamic.
In spite of his observation, he
said, "if breastfeeding has been scientifically determined to be superior
to substitutes, let us encourage its use".
Dr Kwame Addo-Kufuor, Minority Spokesman
on Health, said, given the state of the country's development, the poor quality
of water and the socio-economic circumstances of nursing mothers, especially
those in the rural areas, artificial feeding causes diarrhoea and malnutrition,
noting that babies fed on natural breast milk tend to have stable minds and
character.
Winding up the debate, Nana Akufo
Addo, who is also Member for Abuakwa, in an apparent response to Mr. Nyanor,
told the House that Ghana is not alone in this legislation, saying there are
160 countries world-wide that have passed equivalent laws. "We are not
inventing the wheel but we are falling in line with world-wide trends," he
said.
Nana Akufo Addo explained that the
rationale behind the legislation is to ensure that, for the first six months,
infants are fed on only natural breast milk. He, therefore, called on the House
to whole-heartedly support the legislation.
Before the business of the House
commenced, Mr. Kenneth Dzirasah, First Deputy Speaker, who was in the chair,
welcomed the Members back from the Easter recess, saying the experiences gained
from the first meeting were rewarding and refreshing.
He noted that the second meeting
had come at a time when intense political party activities are expected but
urged the Members to endeavour to strike a satisfactory balance between the
time they would spend in their constituencies and what they are expected to
devote to the deliberations of the House.
He said this would ensure that
parliamentary business was not unduly stalled, adding: "we should
endeavour to have adequate Members to be able to conduct parliamentary business
at all times".
GRi../