
* In 2018, the value of informal cross-border trade in the Southern Africa region reached US$17.6 billion
* Predominantly conducted by women, with women comprising 60% to 90% of those engaged in this trade across subregions
By Duncan Mlanjira
In its report issued today, March 8, Amnesty International observes that informal cross-border women traders from Malawi, Zambia and Zimbabwe frequently face physical assault, sexual harassment and intimidation, which is often perpetrated by government officials — including border authorities.

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Amnesty International describes the three governments’ as “gender-based violence and economic exploitation, which has impeded the women’s ability to exercise their human rights in the context of decent work”.
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 informal cross-border trade (ICBT) also face violence from non-state actors.
Tigere Chagutah, Amnesty International’s regional director for east and southern Africa is quoted in a statement as saying: “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.”
The report further says in 2018, the value of informal cross-border trade in the Southern Africa region reached US$17.6 billion, 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, says the report adding that the 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.
Chagutah is further quoted: “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
The research further says ICBT in Africa has played a role in promoting regional integration and ensuring food security across the continent and the women traders interviewed by Amnesty International emphasized how ICBT has served as a catalyst for improving health and education outcomes for their families.
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.”

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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.
Onother 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.”
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.

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Chagutah emphasises that the government of Malawi, Zambia and Zimbabwe “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.”
ICBT encompasses the exchange of goods and services between countries outside formal trade channels and 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 & 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.
Amnesty International is a global movement of more than 10 million people who campaign for a world where human rights are enjoyed by all.
Its vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards.
It is independent of any government, political ideology, economic interest or religion and are funded mainly by its membership and public donations.
In its recommendations on gender-based violence experienced by women engaged in cross-border trade, Amnesty International calls for an address for comprehensive, human rights consistent measures, which include implementing specialized training programs for border officials, with a focus on human rights, gender equality, and the specific needs of informal cross- border traders.
Additionally, establishing clear accountability procedures for rights abuses and violations, increasing women’s representation among border officials and launching public awareness campaigns are recommended.
To empower women traders, Amnesty International recommends awareness programs about their rights, this could include fostering partnerships with local and regional networks and organizations, building stronger coalitions for advocacy, and working within existing community structures for more sustainable impact.
Additionally, measures to enhance border management, with the aim of addressing the human security concerns of women and other traders, the focus is being their safety and well-being, rather than endorsing state-centric, securitized approaches to border control and migration.
On the issue of social security deficits, Amnesty International calls on governments to review and amend existing laws where applicable to ensure that informal workers including informal cross-border traders can access their right to social security.
This involves creating a legal and administrative framework, expanding social protection programs, including cash transfer programs for contingencies like maternity and illness.
Governments must put in place gender-sensitive policies and programmes, awareness campaigns, and accessible coverage including for healthcare, maternity support, disability, and pensions for older persons.
On social dialogue deficits, Amnesty International recommends encouraging initiatives for gender balance in leadership within organizations representing informal cross-border traders.
This includes ensuring meaningful participation of women in decision-making processes and addressing unique challenges like menstrual health, gender-based violence, and discrimination.
Creating inclusive environments for women’s voices and educating stakeholders on the importance of gender equality are crucial steps and advocating for supportive policies can help address the gender-specific challenges faced by women in informal cross-border trade.

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