Resetting the Rules on Trade and Gender? A Comparative Assessment of Gender Approaches in Regional Trade Agreements in the Context of a Possible Gender Protocol Under the African Continental Free Trade Area

Cambridge University Press, Forthcoming, in Trade Policy and Gender Equality

26 Pages Posted: 2 May 2022 Last revised: 16 Feb 2023

See all articles by Katrin Kuhlmann

Katrin Kuhlmann

Georgetown University Law Center

Date Written: November 26, 2021

Abstract

At long last, gender and trade are together on the international agenda, with significant implications for women entrepreneurs and traders around the world. Alongside the landmark 2017 Joint Declaration on Trade and Women’s Empowerment, regional trade agreements (RTAs) have taken the lead on more tangible gender commitments. One such RTA is the African Continental Free Trade Area (AfCFTA), in which gender appears as an express priority alongside sustainable and inclusive socio-economic development. Yet, this is only a starting point. A gender-focused protocol has been proposed under the AfCFTA framework, representing a significant opportunity to reassess RTA provisions on gender and consider more tailored approaches that could benefit women on the African continent and around the world.

This chapter will present a comparative assessment of approaches for evaluating and categorizing gender and trade approaches in RTAs. These include focus on gender responsiveness and incorporation of international and domestic legal design innovations and options for “inclusive law and regulation” (with particular examples from African regional and domestic law) in order to use RTAs to address concrete challenges facing women. In particular, the chapter focuses on how RTA rules could more actively support women’s work, reduce procedural hurdles facing women in the market, enhance access to finance and digital inclusion, and promote food security. The chapter shines light on how gender provisions could be shaped, reframed, and better implemented in practice, with implications for the AfCFTA and future RTAs beyond Africa as well.

Suggested Citation

Kuhlmann, Katrin, Resetting the Rules on Trade and Gender? A Comparative Assessment of Gender Approaches in Regional Trade Agreements in the Context of a Possible Gender Protocol Under the African Continental Free Trade Area (November 26, 2021). Cambridge University Press, Forthcoming, in Trade Policy and Gender Equality, Available at SSRN: https://ssrn.com/abstract=4072822 or http://dx.doi.org/10.2139/ssrn.4072822

Katrin Kuhlmann (Contact Author)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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