SOUTHERN AFRICA: MALAWI, ZAMBIA AND ZIMBABWE FAILING TO PROTECT THE HUMAN RIGHTS OF WOMEN WORKING IN INFORMAL, CROSS-BORDER TRADE

The implementation of several international and regional human rights instruments pertaining to the rights of women and the right to work is key to ensuring that women in ICBT are protected from abuse and human rights violations. Notable among these are Convention on the Elimination of All Forms of Discrimination Against Women , International Covenant on Economic, Social and Cultural Rights, and the Maputo Protocol

The governments of Malawi, Zambia and Zimbabwe have failed to protect women participating in Informal Cross-Border Trade (ICBT) from gender-based violence and economic exploitation, which has impeded the women’s ability to exercise their human rights in the context of decent work, Amnesty International said today in a new report.

The report, ‘Cross-border is our livelihood, it is our job’- Decent work as a human right for women cross border traders in southern Africa,details how women working in ICBT in Malawi, Zambia and Zimbabwe frequently face physical assault, sexual harassment, and intimidation, which is often perpetrated by state officials, including border authorities. Women also face violence from non-state actors.

“The vulnerability of women in informal employment to diverse forms of abuse, combined with restricted access to justice, highlights a glaring gap in state protection. The lack of robust legal frameworks and effective enforcement mechanisms further amplifies the injustices experienced by women in the ICBT sector,” said Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa

The vulnerability of women in informal employment to diverse forms of abuse, combined with restricted access to justice, highlights a glaring gap in state protection.

Tigere Chagutah,Amnesty International's Regional Director for East and Southern Africa

In 2018, the value of informal cross-border trade in the Southern Africa region reached USD $17.6 billion. Informal cross-border trade is predominantly conducted by women, with women comprising 60% to 90% of those engaged in this trade across subregions. This sector presents significant potential for poverty alleviation.

Economic exploitation and a lack of social security

Amnesty International’s research uncovered that women engaged in cross-border trade frequently encounter substantial economic exploitation, which adversely affects their ability to earn a living and undermines their financial stability. This exploitation takes various forms, including bribery, theft, and arbitrary confiscation of goods. The susceptibility of women informal cross-border traders to economic exploitation is heightened by gender-based discrimination at borders and a perceived lack of legal protections.

The report highlights systemic state failures in upholding the right to social security, with notable deficits in addressing the substantial care responsibilities borne by women engaged in cross-border trade. In the absence of social protection coverage, many of the women reported inability to exercise their right to an adequate standard of living. They also faced challenges such as being unable to take time off when sick and having little support in terms of childcare.

Social security systems in Malawi, Zambia and Zimbabwe favour formal workers, leaving many in the informal sector without adequate assistance. Governments must rectify these shortcomings, giving priority to upholding the rights of women engaged in cross-border trade

Tigere Chagutah

“Social security systems in Malawi, Zambia and Zimbabwe favour formal workers, leaving many in the informal sector without adequate assistance. A gendered impact of this is the lack of social protection measures to cover contingencies like maternity for workers in the informal economy. Governments must rectify these shortcomings, giving priority to upholding the rights of women engaged in cross-border trade.

Although women comprise the majority of cross-border traders, Amnesty’s research revealed a prevalence of male leadership in informal cross-border trader associations (CBTAs), posing concerns about equitable representation in policy discussions and decision-making processes.

The promise of trade cut short

Informal cross-border trade (ICBT) in Africa has played a role in promoting regional integration and ensuring food security across the continent. Women traders interviewed by Amnesty International emphasized how ICBT has served as a catalyst for improving health and education outcomes for their families.

Cross-border trade has been a beacon of hope for me and my family. It has allowed me to finance my children’s education and even send them to university.

Crossborder trader's testimony

One trader told Amnesty International: “Cross-border trade has been a beacon of hope for me and my family. It has allowed me to finance my children’s education and even send them to university.”

However, it is crucial to note that the decision to engage in ICBT often stems from a lack of other viable employment options. While many women see ICBT as a means to lift themselves and their families out of poverty, it often comes with great personal costs.

One trader told Amnesty: “The people that search us at the border are men and go as far as searching our handbag for no reason. This is a violation of our privacy, because we keep sensitive things such as medication in our bags and the searching of bags exposes our health status, especially HIV status.”

The people that search us at the border are men and go as far as searching our handbag for no reason. This is a violation of our privacy, because we keep sensitive things such as medication in our bags and the searching of bags exposes our health status, especially HIV status.

Cross border trader's testimony

Survivors of gender-based violence experienced in the course of their work in ICBT also face numerous socio-cultural and institutional barriers, including stigmatization, corruption, fear of reprisals, limited access to legal services, and long distances to police stations. These obstacles hinder their attempts to attain justice from authorities.

“The Malawian, Zambian and Zimbabwean governments must address these systemic failures and enact policies that prioritize human rights principles, ensuring the rights, safety, and well-being of women involved in informal cross-border trade. Only through concerted efforts and comprehensive reforms aligned with Decent Work principles can the region progress towards a future where the dignity and rights of women in ICBT are safeguarded.”

Background

Informal Cross-Border Trade encompasses the exchange of goods and services between countries outside formal trade channels.

The implementation of several international and regional human rights instruments pertaining to the rights of women and the right to work is key to ensuring that women in ICBT are protected from abuse and human rights violations. Notable among these are Convention on the Elimination of All Forms of Discrimination Against Women , International Covenant on Economic, Social and Cultural Rights, and the Maputo Protocol.

These instruments spell out the commitments made by Malawi, Zambia, and Zimbabwe to combat gender-based discrimination and advance the economic, social, and cultural rights, as well as the right to work, of women in Southern Africa.