Gender Mainstreaming in African Free Trade Agreements Series

Welcome to our ?Gender Mainstreaming in Africa Free Trade Agreements(FTAs) Series by Patrick Anam and Gesare Rachel.

This Three Part Series looks at gender mainstreaming in African FTAs, its importance and? the ?extent to which ?African countries have ?made commitments that can guarantee participation of women in ?regional integration. The series also explores whether the gender provisions and ?clauses in these agreements are legally ?enforceable.

Gender equality is the cornerstone of sustainable development. It is an important aspect of all social and economic undertakings at a personal, national and international level. Sustainable development can only be achieved if the different needs of men and women are addressed systematically. Trade is essential in the development of families, communities and countries. But we cannot view development only as increase in GDP, it is also measured as the increase in human well-being. This means that ?trade at all levels affects, and is affected by, human well-being.

One of the debates around gender mainstreaming and trade has been whether international trade law? can accommodate gender empowerment. Amrita Bahri in her work? Women at the Frontline of COVID-19: Can Gender Mainstreaming in Free Trade Agreements Help?? notes that FTAs can play an important role in reducing gender inequality as, through?them, countries can encourage their trade partners to create laws and procedures that can eliminate or reduce the barriers that impede women’s participation in trade.

Men and women experience trade differently, mostly due to? gender roles which determine how both genders access resources, use their time, and earn income. Trade liberalization, despite its best intentions, has often perpetuated gender inequalities, with women being on the losing end.

Gender factors causing inequality in trade are unpaid care work which leads to time poverty among women, illiteracy which reduces women’s trade bargaining power and denies them access to better paying work, the gender pay gap, inaccessible family contraceptives, and social and cultural norms which impede their access to factors of production such as land.

Pre- COVID 19 projections indicated that integrating women in trade can increase worldwide GDP by 26% by 2025, but his can only be done if the needs and positions of men and women are considered in FTAs. Gender mainstreaming in FTAs becomes vital in ensuring gender equality in trade. This is done by including gender chapters and gender annexes and protocols in FTAs to make gender a larger discussion for negotiating countries.

How then have different Frea Trade Agreements and other economic formations approached gender mainstreaming, and are these approaches workable? Below? is a highlight of these approaches.

The Modernized Canada-Chile Free Trade Agreement (CCFTA) ?as well as the modernized Canada-Israel Free Trade Agreement (CIFTA) both have standalone chapter on gender. The Stabilisation and Association Agreement between the European Communities and the Republic of Montenegro ?does have? a single provision which creates a strong legal obligation related to gender equality.

In Africa gender mainstreaming provisions are? contained in some of the FTAs, at the continental and also at the regional level. For instance, the Preamble African Continental Free Trade Agreement(AfCFTA), ?recognizes the importance of gender equality for international trade and development.

This introductory part ?has given an overview of ?why gender mainstreaming is essential in the crafting of FTAs and the prevailing approaches that FTAs have generally adopted. Part two will delve into selected Africa FTAs in Africa ?and how the gender clauses have been framed, and whether these provisions are [legally] binding on the Contracting Parties. The final part of the series will? undertake a comparative assessment of FTAs in other parts of the? world with a view to make a case for best practices.

We welcome your feedback ?and comments in this important discourse