AfCFTA Study Final Dec 31, 2020

The African Continental Free Trade Area Agreement 1
THE AFRICAN CONTINENTAL

FREE TRADE AREA AGREEMENT
ITS IMPLICATIONS ON CROSS-BORDER ISSUES AFFECTING CHILDREN
December 2020
THE AFRICAN CONTINENTAL
FREE TRADE AREA AGREEMENT
ITS IMPLICATIONS ON CROSS-BORDER ISSUES AFFECTING CHILDREN
December 2020
This report was made possible with financial assistance from the Ministry of Foreign Affairs of the Netherlands
through the Girls Advocacy Alliance Regional Africa Programme
ii The African Continental Free Trade Area Agreement
CONTENTS
ACKNOWLEDGEMENTS IV
EXECUTIVE SUMMARY V
1. INTRODUCTION 1
Limitations of the study 3
2. METHODS 5
Analytical framework 5
Data sources 6
3. THE AFCFTA 9
The Agreement at a Glance 9
What stands out in the AfCFTA Agreement? 11
Weaknesses of the agreement 11
4. THE AFCFTA AGREEMENT AND CHILD RIGHTS 13
Child Labour 13
Child marriage 16
Child trafficking and CSEC 21
5. WOMEN INFORMAL CROSS BORDER TRADERS AND THE AFCFTA 27
Importance of informal cross border trade 27
Challenges women face in cross border trade 29
Potential Impacts of AfCFTA on women informal cross border trade 33
COVID-19 pandemic and women informal cross border trade 35
6. CASE STUDIES 37
6.1 Ethiopia case study 37
6.2 Egypt Case Study 40
6.3 Sierra Leone Case Study 43
6.4 Zimbabwe Case study 46
6.5 Kenya Case Study 50
6.6 Uganda Case Study 55
7. CONCLUSIONS AND RECOMMENDATIONS. 61
REFERENCES 67
LIST OF PERSONS INTERVIEWED 71
The African Continental Free Trade Area Agreement iii
LIST OF BOXES
Box 1: RECs and the free movement of persons 2
Box 2: Parental involvement in child trafficking in Ghana 23
Box 3: Young girls in West Africa are trafficked mainly for sexual abuse 24
Box 4: Addressing cross border child trafficking in Mano River Union countries 25
Box 5: Informal trade as a human right 28
Box 6: Trade Mark East Africa—addressing constraints faced by women traders 32
Box 7: Zimbabwe female cross border trader shares her experience in
witnessing child trafficking 34
Box 8: Ethiopia’s trafficking profile 39
Box 9: Women in Egypt are trapped in informality 41
Box 10: Development of the Standard Operation Procedures (SOPs) in MRU countries 46
Box 11: Syndicates for child trafficking 48
Box 12: Undue delays at border crossings 59
Box 13: Numerous roadblocks between borders and major cities 50
Box 14: Addressing CSEC in Kenya. 53
Box 15: Busia (Uganda) Women’s Cross Border Cooperative 56
Box 16: Commercial sexual exploitation of children at the Kenya-Uganda border 58
Box 17: From trafficking to rehabilitation 59
LIST OF TABLES
Table 1: Rates of Child Labour by Age Group and Gender in selected African countries, (%) 14
Table 2: Percentage of women with first marriage before 18 years by age group and location 18
LIST OF FIGURES
Figure 1: Illustration of analytical framework 5
Figure 2: Child labour and school attendance among children aged 7-17 years 15
Figure 3: Percentage of young women married before 18 in the 18-22 age group
by location in selected African countries 17
Figure 4: Extent of single motherhood among adolescent mothers (aged 15-19 years)
in the case study countries (Per cent) 19
Figure 5: Statistics of Children on the Move in Africa during 2015-2017 22
Figure 6: Top 15 destinations for Ethiopian migrants and share of women 38
Figure 7: Key Egyptian labour market indicators by gender 40
Figure 8: Egypt: Share of women migrants in the 10 leading destinations, 2019 (%) 42
Figure 9: Sierra Leone: Women with secondary or higher education (%) 43
Figure 10: Sierra Leone Rates of child labour (all children aged 5-17 years) by districts 45
Figure 11: Kenya: Child marriage among women aged 20-24 years by education attainment
and wealth status 51
Figure 12: Uganda: Commercial exploitation of children 57w
iv The African Continental Free Trade Area Agreement
ACKNOWLEDGEMENTS
This report was written by Ibrahim Kasirye of Makerere University, Kampala UGANDA
and Nedy Matshalaga of Primson Management Services, Zimbabwe on behalf of the
Girls Advocacy Alliance (GAA). The report has benefited from the valuable guidance of
many GAA partners.
The GAA partners thank the Plan International AU Liaison for leading the production
of this report, and the following individuals for their kind support in contributing to
and reviewing, earlier drafts: Linnet Awor Weredwong, Abdul Manaff Kekokai, Willy
Buloso, Sara Tabit, Zemzem Jemal, Yohana Solomon, and Samuel Norgah.
Girls Advocacy Alliance (GAA)

GAA members include Plan International African Union Liaison Office, Terre des
Hommes Netherlands, ECPAT International, and Defence for Children International
(DCI-Sierra Leone).
The African Continental Free Trade Area Agreement v
EXECUTIVE SUMMARY
The Africa Continental Free Trade Area domestic policies as well as international
(AfCFTA) was launched in 2018 and ratified standards, can determine whether
in Niger in July 2019. The agreement girls, young women children and end up
promises to create a US$ 2.5 trillion participating in trade.
market by removing trade barriers and Women continue to dominate cross border
enabling the movement of Africans across trade but remain highly informal and operate
borders. Increased intra-Africa trade will on a small scale. Various constraints
avail opportunities through expanding including economic reasons—mainly the lack
job opportunities. Both formal trade and of access to affordable financial services--
informal cross border trade will grow as but also lack of networks and connectivity
the continent reaps the benefits of closer affect the growth of women-led trade
regional cooperation. enterprises. As a result, women face higher
trade costs as they are forced to rely on
Trade agreements can have positive and middle-men and go-betweens to ferry goods
sometimes negative impacts on vulnerable across borders. On the plus side, several
groups. For example, for groups such as regional projects are supporting attempts to
children and adolescents, increased cross- move women to some form of formalisation
border trade could exacerbate ongoing by encouraging and helping them to work
challenges like child marriage, commercial through cooperatives.
sexual exploitation of children (CSEC), and
child trafficking. Also, increased trade and Sexual harassment, intimidation,
the associated expansion of economic discrimination, and other forms of
opportunities could push children out exploitations are routinely experienced by
of school and into further engagement female cross border traders. Women face
in child labour within an environment sexual harassment from both customs
of poorly enforced child labour laws. officials and security agencies in exchange
Against the above background, the Girls for trade and border crossing services.
Advocacy Alliance (GAA) comprising of Harassment has continued over the years
Plan International African Union Liaison worsened under the COVID-19 pandemic.
Office, Terre des Hommes Netherlands, Women often fear to engage the exploiters
ECPAT International and Defence for and sometimes choose to use unofficial
Children International (DCI-Sierra Leone) border-crossings when faced with repeated
commissioned a study titled “the African threats of exploitation. Furthermore, due
Continental Free Trade Area Agreement: to limited child-care opportunities, some
Its Implications on Cross-Border Issues young women have to go to work with their
Affecting Children”. children who are in turn (especially young
girls) exposed to exploitation and sexual
The analytical framework adopted for this overtones.
report considers two primary pathways
through which the AfCFTA may affect There is no uniform or strict enforcement of
children. First, the provisions relating to legislations regarding travelling with children
trade facilitation in the agreement can affect across borders, and this can increase the
non-tariffs barriers, and these ultimately threat of child trafficking. Furthermore, it
affect female participation in informal cross is not easy to establish the parents of the
border trade. Second, the enforcement of child due to the absence of easily verifiable
vi The African Continental Free Trade Area Agreement
official documentation, e.g. national ID, the thresholds below which goods are
passports and birth certificates. However, not taxable—border procedures are not
some countries, e.g. Rwanda strictly enforce correctly understood and not appreciated by
legislations regarding travelling with children women informal cross border traders. Poor
across the border; without the acceptable comprehension of border procedures leaves
documentation, a mother or a caretaker women vulnerable to exploitation as they pay
cannot travel across any Rwandese border for tax-free goods. It also compels women
with a child. traders to use unofficial or unpatrolled
border crossing—partly as a means of
Despite the operation of the simplified avoiding interfacing with unfamiliar border
trade regime (STRs) in some regional procedures.
economic communities (RECs) which set
RECOMMENDATIONS FOR ACTION

Alongside accelerating efforts to start 10. Fund nationwide birth registration to
the operation of the AfCFTA agreement address child trafficking
and negotiate future protocols, we call 11. Establish infrastructure at border
upon AU State Parties – supported by the crossing appropriate for women
AfCFTA Secretariat, Regional Economic 12. Ensure a gender balance for border
Commissions, development partners and personnel.
civil society – to take the following actions: 13. Decentralise the system of trade
certification
1. Establish an AfCFTA sub-committee on 14. Establish a system of reporting on the
human rights implementation of the trade agreement.
2. Recognise sexual harassment as a non- 15. Development partners should finance
tariff barrier. the development e-based platform for
3. Ensure that labour standards are part of monitoring the AfCFTA
future protocols of AfCFTA. 16. Donors should support the
4. Collect gender-disaggregated data on establishment of infrastructure suitable
informal cross border trade for women.
5. Develop an AfCFTA gender policy 17. CSOs should monitor and address child
6. Develop minimum standards for One- trafficking at border crossings.
Stop Border Posts (OSBPs) 18. Girls should use established companies
7. Harmonise existing trade agreements when seeking external employment
with the AfCFTA opportunities.
8. Harmonise and popularise cross-border 19. Young women and girls should be
trade charters and codes of conducts encouraged to report incidents of child
9. Implement the simplified trade regime trafficking and CSEC.
1. INTRODUCTION
The Africa Continental Free Trade Area this can adversely affect young women
(AfCFTA) was launched in 2018 and ratified and child’s nutrition as well as mortality.
in Niger in July 2019. The agreement Increased demand for food exports can
promises to create a US$ 2.5 trillion market drive up local food prices affecting the
by removing trade barriers and enabling affordability of food for local consumers
the movement of Africans across borders. and these can ultimately impact the
In March 2020, the first Secretary-General nutrition of infants.2 However, it is also
of the AfCFTA was sworn-in followed with possible that increased food prices could
the inauguration of the AfCFTA Secretariat improve women’s disposable income, and
in August 2020, which was hosted in Accra this can be used to improve nutritional
Ghana. Due to the COVID-19 pandemic, the value for children. Furthermore, large
commencement of operationalization of the scale infrastructure development could
agreement is set to commence in January displace vulnerable groups.3 Large-scale
2021. The agreement targets to increase transport infrastructure projects such as
intra-Africa trade from the current level of the Suez Canal project in Egypt and Lagos
17 per cent to double the figure within ten metropolitan and governance project in
years of implementation1. Increased intra- Nigeria have necessitated resettlements of
Africa trade will avail opportunities through populations.
expanding job prospects. Both formal trade
and informal cross border trade is expected From a human rights perspective, the
to grow as the continent reaps the benefits 2003 Maputo Protocol provides that every
of closer regional cooperation. woman shall be entitled to respect of her
life, integrity and security of her person.
With the adoption of Agenda 2063 - At the same time, women constitute the
especially Aspiration 6 - and Sustainable majority of Informal Cross Border Traders
Development Goal (SDG) 5 targeting gender (ICBTs). They are often subject to abuse
equality, trade issues are important in the and harassment contrary to the human
context of young women’s human rights. rights standards agreed to by African Union
There is indeed increasing recognition Member States. Sexual abuse by border and
that inclusive trade policies can advance immigration officials is a regular occurrence
women’s empowerment. On the other hand, and a violation of women’s right to security
trade agreements can have unintended of persons.4 Box 1 illustrates how the RECs
consequences on women’s human rights. guarantee the free movement of persons,
For example, trade in food products is likely including traders across borders.
to increase, and if overall food prices rise,
1 Songwe (2019) Intra-African trade: A path to economic diversification and inclusion. Brooking Institution
2 Holmes, R., N. Jones and S. Wiggins (2008) Understanding the impact of Food Prices on Children, ODI
3 For example, the construction of dams in Africa e.g. Aswan High dam in Egypt, the Akosombo dam in Ghana, Dadin Kowa dam in Nigeria and the
Katse and Muela dams in Lesotho have displaced large sections of the population (Adeola, 2016).
4 United Nations Economic Commission for Africa and Friedrich Ebert Stiftung, Geneva Office (2020) The Continental Free Trade Area (CFTA) in Africa-
A Human Rights Perspective.
2 The African Continental Free Trade Area Agreement
Box 1: RECs and the free movement of persons
The 1990 ECOWAS Protocol on the Free Movement of People and

Goods addresses the trafficking of persons, especially women. Article
2.1 of the ECOWAS Protocol on Free Movement of Persons, Right of
Entry and Establishment, states that “The Community citizens have the
right to enter, reside and establish in the territory of Member States”.
However, some women traders in West Africa appear unaware of this
provision despite ratification. Beyond ECOWAS, other RECs address
movement of persons across borders. For example, Article 7 of the EAC
Common Market protocol regarding the EAC Rules and Regulations on
the movement of persons guarantees the free movement of persons.
Nonetheless, this regulation is not fully operationalized as immigration
controls remain.
Border officials in most countries often AfCFTA could also result into increased
concentrate on upholding immigration competition for women as men move
laws and their enforcement comes at the from high-value trade to low-value trade
expense of tracking potential violation of dominated by women. Similarly, the
human rights through trafficking in person, expected increase in the number and depth
forced sex or commercial sex. As such, of African multinationals corporations could
if the AfCFTA implementation by State also increase the scale of competition faced
Parties ignores women ICBTs, it could risk by women cross-border traders.
entrenching a situation which exposes them
to a range of human rights abuses. However, Traditionally, trade agreements have
when immigration and other security positive and sometimes negative impacts
officials become strict on enforcing travel on vulnerable groups. For example, children
documentation and as such prevent human and adolescents, increased cross-border
trafficking, women engaged in cross border trade could exacerbate ongoing challenges
trading who usually depend on the cheap such as child marriage, commercial
labour of children resort to using informal sexual exploitation of children (CSEC), and
borders. Use of such unpatrolled crossings child trafficking. Also, increased trade
has its implications, including putting the and associated expansion of economic
young women at risk of rape and other forms opportunities could push children out of
of exploitation as well as enhancing cross school and into more child labour in an
border human trafficking (Jacobson and environment of poorly enforced child labour
Joekes, 2019).5 laws. Against the above background, the
Girls Advocacy Alliance (GAA) comprising
Opening up borders for increased formal of Plan International African Union Liaison
trade could potentially squeeze women Office, Terre des Hommes Netherlands,
ICBTs: Increased business as a result of ECPAT International and Defence for
5 Jacobson, J and S. Joekes (2019). Violence against Women Traders at Border Crossings: WOW Helpdesk Query 31
Children International (DCI-Sierra Leone) commissioned a study titled “the African Continental
Free Trade Area Agreement: Its Implications on Cross-Border Issues Affecting Children”.
The objectives of the study are to:

i. Examine the most significant implications of the AfCFTA on cross-border issues affecting
children such as child marriage, commercial sexual exploitation of children, child trafficking
and migration etc.
ii. Assess the extent to which the negotiations that led to the establishment of the AfCFTA had
incorporated human rights perspectives.
iii. Review how far State Parties which ratified the agreement are prepared to provide
legal protection to the most vulnerable groups of society like children and girls from the
unintended consequences of open trade policies.
iv. Identify whether the AfCFTA can overcome the challenges that informal cross border traders
(who are primarily women) face and harness their potential.
The broad objective of the study is to build evidence to inform advocacy for actions by African
countries on the AfCFTA and its potential implications for the protection of girls and young
women on the continent.
LIMITATIONS OF THE STUDY

This study is limited in several respects. only exceptions are with respect to child
Firstly, there is a shortage of evidence and labour, and birth registration—which may
literature that examines the AfCFTA since it be required in case a caretaker routinely
came into force only in 2019 and its actual crosses the borders and at the same time
implementation was delayed—partly due to supports a breastfeeding child. Due to
the COVID-19 pandemic. Secondly, in most the COVID-19 pandemic and associated
African countries, there is generally very travel restrictions (both international and
limited published official information on the within State Parties) it was not possible to
challenges of informal cross-border trade undertake fieldwork as part of the study.
and how such trade affects child protection. Nevertheless, the contextual, quantitative,
Third, from a child rights perspective, and qualitative information gathered in this
the available evidence does not consider study adds to the evidence base on the likely
whether different groups of children are impact of the AfCFTA agreement on children
impacted differently by cross border trade, and adolescent girls in Africa.
i.e. infants and adolescent girls. The
2. METHODS
ANALYTICAL FRAMEWORK
Following Schram et al., (2018)6, who can determine whether children end up
examined the impact of international participating in trade. The above two factors
trade and investment agreements on impact the underlying business environment
non-communicable diseases, this study (e.g. access to information on trade,
considers two primary pathways through financial services, and public infrastructure
which the AfCFTA may affect young women available at the border crossing) as well
and children. First, the provisions relating as the behaviour of individual traders (e.g.
to trade facilitation in agreements can whether to use official or unofficial border
affect Non-Tariff Barriers (NTBs) and these crossings or whether to keep children in
ultimately affect female participation in school or have them help out in the trade
trade. Second, the enforcement of domestic business); this is illustrated in a simple
policies as well as international standards diagram below.
Figure 1 Illustration of analytical framework
Source: Adapted from Scram et al., (2018)
6 Schram, A., A. Ruckert., J.A. VanDuzer et al (2018) “A conceptual framework for investigating the impacts of international trade and investment
agreements on non-communicable disease risk factors” Health Policy and Planning, Vol 33: 123–136
DATA SOURCES
This study relied on four key elements:
A comprehensive literature review Secondary data analysis

A desk review focusing on available literature The desk review was complemented by
on informal trade and its effects on children secondary data analysis of associations
and young women in Africa was conducted. between informal trade and child labour,
In particular, we examined how the AfCFTA child marriages, early childbearing, and
especially relating to how the negotiations young women’s educational attainment
that led to the agreement took into account in Africa. The source of data used in the
the human rights perspective of vulnerable analysis are the Multiple Indicator Cluster
groups.7 The study also examined how Surveys (MICS), and the Demographic
existing regional economic commissions Health Survey (DHS). MICS surveys are
(RECs), e.g. Economic Community of collected by UNICEF and have a detailed
West African States (ECOWAS), East child labour module which gathers data on
African Community (EAC), Southern any economic activities for children aged
African Development Community (SADC), 5-17 years. At least 19 African countries
Intergovernmental Authority on Development have MICS surveys conducted during 2014-
(IGAD), and the Common Market for Eastern 2019, and these are used in the analysis.8
and Southern Africa (COMESA) do address
issues of gender and trade as well as The DHS surveys are collected by the
children rights. national statistical agencies in collaboration
with ICF International Inc. The surveys are
Key informant interviews part of a global effort, supported by the
United States Government, to monitor and
Several stakeholders were interviewed evaluate population, health, and nutrition
as key informants. First, we interviewed programmes in developing countries in
women leaders of cross border cooperatives. five-year intervals. The DHS are a nationally
Secondly, we interviewed gender and trade representative survey of women aged 15
experts at the RECs—notably COMESA and to 49 and their children, and the surveys
EAC. In addition, we interviewed civil society are reasonably comparable. The datasets
organization (CSO) experts as well as trade contain detailed information on age at
experts from Zambia, Zimbabwe, Sierra first marriage, age at first birth, school
Leone, Uganda, and Kenya. Finally, we attendance and education attainment. At
interview adolescent girls—mainly victims of least 22 African countries implemented DHS
trafficking—to capture their voices, especially surveys during 2014-2019 and these were
with respect to trafficking and child labour. used in the analysis.9 The MICS and DHS
These key informant interview also captured surveys are used to derive estimates for
views of how the aftermath of the COVID-19 young women and children exposed to child
pandemic has affected cross border trade. labour and early child-bearing partly due to
trade-related activities.
7 The documents reviewed include: Agreement and the annexes establishing The Continental Free Trade Area—A Human Rights Perspective by
UNECA; Aid for Trade and the empowerment of women and young people by UNECA and WTO; Labour market effects of AfCFTA by GIZ, and Sexual
Exploitation of Children in Africa: A Silent Emergency by Africa Child Policy Forum and Oak Foundation.
8 These countries are: Zimbabwe (2019), Lesotho (2018), Tunisia (2018), Madagascar (2018), Gambia (2018), DRC (2017), Ghana (2017), Sierra
Leone (2017), Togo (2017), Nigeria (2016), Guinea (2016), Mali (2015) Republic of Congo (2015), Benin (2014), Cameroon (2014), Guinea-Bissau
(2014), Malawi (2014), Mauritania (2014), Sao Tome and Principe (2014), Sudan (2014) and Togo (2014). See the See the See the MICS website for
further details about the surveys.
Case studies
in 6 African countries, namely, Egypt (North
The study highlights some salient issues on Africa/COMESA), Sierra Leone (ECOWAS),
how children and young women are affected Zimbabwe (SADC), Ethiopia (IGAD), Kenya
by the cross-border trade environment in and Uganda (EAC). Each country represents
different regions of Africa. The analysis one of the five major sub-regions within the
provides in-depth coverage of case studies African Union.
9 The countries are: Zambia (2018), Senegal (2018), Cameroon (2018), Nigeria (2018), Mali (2018), Guinea (2018), Benin (2017), South Africa
(2016), Uganda (2016), Burundi (2016), Ethiopia (2016), Angola (2016), Malawi (2015), Tanzania (2015), Zimbabwe (2015), Chad (2015), Rwanda
(2015), Egypt (2014), Ghana (2014), Lesotho (2014), Kenya (2014), Democratic Republic of Congo (2013), Namibia (2013) and Sierra Leone
(2013). The DHS website. The DHS website, has the details on the used surveys.
3. THE AFCFTA
THE AGREEMENT AT A GLANCE
Secretariat
As earlier mentioned, one of the significant and live animals—are considered wholly
institutional frameworks for implementing obtained in a State Party. Furthermore,
the agreement is the AfCFTA Secretariat Article 28 relating to the Rule of Origin Annex
established through Article 13 of the offers an exemption for providing Proof of
agreement. As noted earlier, the secretariat Origin for goods valued at less than US$
which is hosted in Accra, Ghana, was 500. As earlier noted, women ICBTs mainly
inaugurated in July 2020. The Secretariat trade in low-value agricultural produce, and
is vested with the responsibly of facilitating the above provisions should support them
the procedures for execution as well as to pursue trade without additional filing
the monitoring and evaluation of this requirements.
Protocol. In addition, the Secretariat will
also be responsible for establishing an “NTB Trade Facilitation
Coordination Unit” to manage the process
of elimination of NTBs. Furthermore, the The AfCFTA proposes to deal with the
Secretariat shall also serve as arbitrator by institutional environment at border crossings
appointing a facilitator in case State Parties through enhanced trade facilitation. Among
have unresolved complaints regarding NTBs. other measures, it proposes to simplify and
The Secretariat will also be a depository for harmonise trade procedures required to
information regarding customs commission process goods. It calls for full publication
agents. Specifically, in case a State Party’s of all the necessary procedures to ensure
law provides for the use of customs brokers increased compliance. Specifically, Article 4
or agents, such a State Party is required on Trade Facilitation states that information
to notify the Secretariat and publish its regarding “a description of procedures and
measures on the use of such intermediaries. practical steps needed for the importation,
exportation, and transit, including port,
Rules of Origin airport, and other entry-point procedures,
and required forms and documents” should
Article 13 of the AfCFTA relating to the be made available on the internet. Also,
Rules of Origin requires that an exporter or any export prohibitions should be duly
a trader submits an “Origin Declaration” notified and publicised. Full publication
relating to the manufacture, production of procedures is critical, given that not all
and supply of the goods to be exported/ available policies are known to women
imported. However, Article 5 regarding traders. For example, the Simplified Trade
“Wholly Obtained Products” specifies that Regime (STR) in the COMESA sub-region is
agricultural products—in particular plants not fully understood and used by women in
the sub-region.
The AfCFTA calls for increased trade matrix that priorities NTBs with the most
facilitation through fast-tracking of the considerable impact on intra-regional
clearance of perishable goods. Agricultural trade. In part, the agreement also offers to
produce is easily perishable without establish a Sub-Committee on NTBs whose
adequate storage facilities. ICBTs are responsibility will be to periodically review
likely to lose out since their agricultural and eventually eliminate NTBs in the AfCFTA.
produce may get to market already Also, at the national level, the AfCFTA
damaged and consequently commands calls for the establishment of a series
lower prices. Longer waiting times at the of institutions like an NTB Coordination
border subsequently affect the value of Unit, National Monitoring Committees and
agricultural produce. The proposal to fast- the National Focal Points—all targeting
track perishable goods should therefore to eliminate NTBs. Although the above
benefit women ICBTs given their significant institutions are an excellent first step in
representation among traders of agricultural dealing with NTBs, they continue to affect
produce. women’s participation in cross-border trade.
The specific NTBs impacting on women,
Furthermore, the AfCFTA it calls for border e.g. sexual harassment, bribery, and lack of
agency cooperation—partly through the information are yet to be formally identified
establishment of One-Stop Border Post and consequently cannot be monitored
(OSBP) control procedures. Trade facilitation and routinely reported at the national
is of critical importance to women ICBTs committees.
as the time taken to clear customs, and
other immigration formalities are presently Alignment of procedures
not sensitive to women’s dual roles. Many
women traders spend an exceptionally long Article 25 relating to border agency
time in queues trying to clear customs some cooperation calls for the cooperation of
up to 5 hours, where 15-30 minutes should State Parties regarding border procedures
have sufficed. Long durations at the border to facilitate cross-border trade. It calls for
crossing confuse traders, and this could the alignment of procedures and formalities.
push them to use unofficial border crossings This specific requirement has implications
which although more expedient may turn out on the way women ICBTs—especially
to be very risky. those working with children—are handled.
Presently, some borders allow them to
Move towards the elimination of cross without child documentation, while
Non-Tariff Barriers (NTBs) other border crossings explicitly require
documents including birth certificates before
A key hallmark of the AfCFTA is the a child can cross. As such, at the minimum
prioritization of the elimination of NTB to the OSBP should have a facility where
trade. Under Article 12, the AfCFTA proposes women can leave children as they cross the
to establish a time-bound elimination border.
WHAT STANDS OUT IN THE AFCFTA AGREEMENT?

A notable standout in the agreement is the to establish or facilitate the establishment of
several attempts to address challenges Transit or customs areas for the temporary
relating to trade facilitation. First, the storage of transit Goods where the direct
agreement recognises that NTBs are trans-shipment of Goods from one Means of
hindrances to intra-regional trade and Transport to another is not possible”.
proposes a series of measures to address
identified NTBs. Secondly, the agreement As noted earlier, the agreement prioritizes
targets to simplify and harmonise customs agricultural goods in recognition that these
procedures, and this would make it goods are perishable with a limited shelf
easier for women to join ICBT and avoid life and thereby calls for fast-tracking the
using illegal border crossings. Third, the clearance of any perishable goods by State
agreement provides for the establishment Parties. Article 14 under trade facilitation
of information desks or “enquiry points” provides for the release of perishable goods
which can be used to offer information “in exceptional circumstances where it
to small scale traders and hence reduce would be appropriate to do so, outside
avenues for exploitation. Finally, the the business hours of customs and other
agreements advocate for the establishment relevant authorities”. Preferential release
of aggregation centres which can support of perishable goods is a big plus for women
small scale traders during transit. Article cross border traders given that low-value
11 relating to goods in transit, expressly agricultural products account for the largest
discloses that “State Parties shall endeavour share of goods traded.
WEAKNESSES OF THE AGREEMENT

Some of the weakness of AfCFTA include issues affecting the working conditions
the fact that labour standards are not within the limits of State Parties are not
part of the AfCFTA. As such, there are no addressed. The implication for this is
specific provisions targeting child labour that without any requirements to enforce
based on the ILO conventions, e.g. abolition labour standards, they will be no protection
of child labour (i.e. ILO Convention 138 of fundamental human rights. Secondly,
relating to the minimum age of employment without in-State Party enforcement of
and 182 regarding worst forms of child international child labour conventions, some
labour). The absence of labour standards State Parties stand to gain an unfair trade
in the agreement follows a pattern similar advantage—if they are exporting goods
to global trade agreements e,g, World produced by children.
Trade Organization (WTO)—where labour
standards are excluded from the broad Although AfCFTA calls for both public and
trade agreement—partly due to resistance private representation to the National
for some State Parties. The AfCFTA focusses Monitoring Committee (NMC) for NTBs,
more on issues happening at the border there is no specific requirement that
and much less on activities that occur within these committees should have women’s
boundaries of the State Parties, as such representatives. Given that large scale apex
bodies, e.g. manufacturers associations are acknowledge that women have both an
given priority regarding when private-sector economic and reproductive role. Specifically,
representation is sought, CSOs, e.g. women a woman can be a trader, can also be
cross border trade association are likely to pregnant and also have a baby or a child to
be excluded. look after. The AfCFTA instruments should
have been able to better recognize and
The AfCFTA attempts to deals with respond to young women’s reproductive
information asymmetry regarding cross roles. Women should not be obliged
border procedures by advocating for to choose between their reproductive
publication of all information regarding and economic duties. Concerning
customs procedures on the internet. This infrastructure, whereas the AfCFTA calls
partly addresses the need for traders to for the establishment of OSBP, it does not
acquire information regarding any changes specify the minimum facilities that should
in trade policies in time, before arrival at be available at OSBP. For example, most
the border. The agreement also supports border crossings do not have health posts
the electronic submission of requisite that can offer basic health services. As such,
documents, e.g. certificates of origin. a pregnant or a young woman travelling with
However, in an environment characterized a child cannot receive the most basic health
by limited education attainment and low attention, if need arises. It is worth noting
internet penetration, such a move towards that other border crossings, e.g. airports,
digital trade facilitation may be fruitless and have standby medics and health posts. On
ineffective for most ICBTs. the other hand, the health posts recently
established at land border crossings during
The current AfCFTA does not explicitly the COVID-19 pandemic should perhaps
recognize women ICBTs and does not transition into a permanent border feature.
4. THE AFCFTA AGREEMENT AND

CHILD RIGHTS
CHILD LABOUR
Protection of child rights and welfare is Nonetheless, despite the various child
enshrined in several global and regional protection provisions in the above treaties,
conventions including the UN Convention on a large proportion of African children are
the Rights of the Child (UNCRC), the African actively involved in child labour. Table 1
Charter on the Rights and Welfare of the shows the distribution of child labour for
Child (ACRWC), EAC treaty and the Economic selected African countries based on the age
Commission of West African States and categorisation of work by the ILO, i.e. for
(ECOWAS). For example, Article 15 of the all children aged 5-17 years as well smaller
ACRWC calls for protection of children from sub grouping for ages 5-11, 12-14 and
all economic exploitation. On the other hand, 15-17 years. The 19 countries considered
Article 13 section (g) on Economic and social are those with a MICS conducted between
welfare rights of the 2003 Protocol to the 2014 and 2019—some of the surveys have
African Charter on human and people rights a dedicated child labour module.10 The
on the rights of women in Africa calls for table indicates that on average, about one
the introduction of “minimum age for work out of every four children aged 5-17 years is
and prohibits the employment of children involved in child labour. The rates range from
below that age, and prohibits, combats, 11 per cent in the Republic of Congo to 42
and punishes all forms of exploitation of per cent in Cameroon.
children, especially the girl child”. The SADC
Model Law bans children from engaging Based on age groups, Table 1 shows that
in work that is exploitative or dangerous to child labour rates are highest among older
child health. The same law similarly calls children aged 15-17 years as would be
upon state parties to ensure that any work expected, followed by the 5-11 years and
performed by the child does not interfere least among the 12-14 age category. On
with a child’s education. The SADC Model average, child labour rates among children
Law additionally identifies the informal 15-17 years are more than double the rates
sector as the leading destination for child for children aged 12-14 years. However, the
workers and call for measures to regulate comparison between the 12-14 and 15-17
the informal economy as a means to control years age groups also has a wide variation.
child exploitation in this part of the economy. At least two countries notably Malawi and
10 The child labour module in the MICS surveys enquires from all children aged 5-17 years whether their worked or helped at home or in a family
business and the time spent on such activities in the past week. In addition, the surveys capture information on time spent by children engaged in
income generating activities as well as household chores (e.g. fetching water, collection of firewood and cooking). Finally, the surveys capture any
child involvement in hazardous work (i.e. carrying heavy loads, working with heavy machinery or exposure to fumes, chemicals or high temperatures).
The duration engaged in the above activities or exposure to hazardous that is used to calculate the child labour rates in the table.
Mauritania—have child labour rates for the Figure 2 compares the child labour rates
15-17 years category that are more than and school attendance among children aged
four times that of their 12-14 years category. 7-17 years. This age category is selected
On the other hand, in three countries namely because, in some countries, primary
Cameroon, Madagascar and Togo, at least schooling starts at age seven and not at age
one out of every two children aged 15-17 six. Countries with remarkably high school
years are engaged in some form of child attendance have low rates of child labour.
labour, suggesting that there is low school For example, 95 per cent of children aged
retention in these specific countries. The 7-17 years in the Republic of Congo are
higher child labour rates among the 15- attending school, and the corresponding
17 age category are explained by the fact child labour rate is only 10 per cent. The
that this age corresponds with the end of only outlier is Togo which has a school
compulsory education—children are more attendance rate of 91 per cent and a child
likely to be forced into child labour if they are labour rate of 45 per cent. This is explained
not continuing with education. by relatively exceedingly high participation of
children aged 7-12 years in domestic work in
Togo.
Figure 2: Child labour and school attendance among children aged 7-17 years
Source: MICs.
Girls are generally less likely to engage in 5-11 years engaged in child labour. Overall,
child labour; however, child labour rates by high rates of female child labour may
gender vary considerably across countries reflect the higher burden of household work
and age groups. For all children combined, among girls in this age group. On the other
girls have higher child labour rates in 6 of hand, for children 12-14 and 15-17 years,
the 19 countries considered. However, boys consistently have higher child labour
among the youngest children, aged 5-11, participation rates. However, in two West
girls have higher rates of child labour in 8 African countries—namely Sierra Leone and
of the 19 countries under consideration. In Togo, girls always have higher rates of child
DRC, Ghana, and Guinea, a substantially labour than boys regardless of age category.
larger proportion of girls than boys aged
Furthermore, the 2019 African Report on the Finally, cross-border traders overtime
Girls and the Law shows that 23 per cent can acquire substantial wealth, including
of all girls in Africa (more than 80 million in property and cars, despite minimal
total) are out of school while the continent education. Quick and easy wealth
has the highest teenage pregnancy rate in accumulation without skills can serve as a
the world.11 One of the reasons why girls are disincentive for children to continue with
out of school is their engagement in trade education. The demand for cheap labour
activities, especially when supporting family
could rise with the implementation of the
enterprises. The same report notes that the
AfCFTA. Increased trade activities and the
available child protection national laws in
many African countries are gender blind, i.e. inherent profit motive of business could
fail to consider the unique vulnerabilities drive the increased recruitment of underage
faced by girls. children and in turn increase child labour
in many African countries characterised by
Children actively participate in informal weak enforcement of child protection laws.
cross border trade. Children are lured by
different factors to join cross border trade—
these range from the influence of their
CHILD MARRIAGE
parents to early exposure to “easy money”.
For family businesses, children may be There is a high prevalence of child
required to run the family enterprise as marriages in Africa: Globally, child marriage
the parents ferry goods across the border. rates are highest in sub-Saharan Africa,
Child participation in running the family where four in 10 young women are married
enterprises may expose the child to money, before the age of 18. This amounts to a
even when unpaid. Beyond the family staggering 40 per cent of girls marrying
business, border crossings are characterized before age 18. According to the African
by beehive-style activities, including money Union’s campaign to end child marriage in
changers who may display a considerable Africa, 15 out of the 20 countries with the
amount of cash to vulnerable children. highest rates of child marriages globally are
Exposure to the border community can serve Africa (African Union, 2013).13 Adolescent
as a pull factor for children out of school and teenage girls are often forced into
and into trading activities. Once exposed to
marriage arrangements by their parents
cross border trade, children are more likely
and families. While some African countries
than not to drop out of school. Children
exposed to both “easy money” and various have been able to make significant progress
routes for conducting cross-border business in reducing child marriage, progress on
are unlikely to value the importance of the entire continent has been slow. Figure
continuing school. 3 shows an overview of young women
including adolescent girls who were married
Children living in border before the age of 18 in Zimbabwe, Uganda,
communities like Jendema in Sierra Sierra Leone, Kenya, Ghana, Ethiopia,
Leone at the border with Liberia Egypt, and Cameroon classified by location.
don’t attend school on Fridays The chart indicates that the prevalence of
child marriages is high in rural areas across
because they have to attend the all the countries and most prominent in
periodic market (Luma), that bring Ethiopia.
together business people from
different West African countries.12
11 African Child Policy Forum and Plan International (2019) Getting girls Equal: The African Report on the Girls and the Law.
12 Key informant, Sierra Leone, October 2020.
13 African Union (2013) Campaign to end child marriage in Africa: Call to Action https://au.int/sites/default/files/pages/32905-file-campaign_to_end_
child_marriage_in_africa_call_for_action-_english.pdf
Figure 3: Percentage of young women married before 18 in the 18-22 age group by location in selected
African countries
Source: author’s compilation derived from the MICS
Concerning trends in child marriage, Table 2 regardless of age category. Women in rural
shows that except for Egypt and Zimbabwe, areas are about more than twice likely
child marriage rates have declined in all to marry early compared to their urban
the other countries. For example, in Sierra counterparts. Higher child marriages in
Leone, 31 per cent of young women aged rural areas are explained by higher rates
18-22 years married before 18 years of school non-attendance for rural than
compared to 49 per cent among older for urban young women. To the extent that
women aged 41-49 years. The highest increased trade activities because of the
rates of child marriage are observed in AfCFTA do not affect school enrolments,
Ethiopia and Uganda, where more than 1 child marriages would be expected to
in 3 women (36 per cent) marry before age decline. It is mainly communities resident
18. In Zimbabwe, the proportion of women near border crossings—characterised by high
who married before their 18th birthday school dropout rates—that could register an
remained constant at about 26 per cent increase in child marriage rates.
Table 2: Percentage of women with first marriage before 18 years by age group and location
Source: Author’s calculations from the DHS surveys
In Southern Africa, Mozambique is one earlier noted, child marriages are associated
among the countries with the highest rates with girl’s school dropout and the low
of child marriages in the world with at least education attainment of women. Apart
48 per cent of women aged between 20 and from violating a girl’s rights, child marriages
24 years reporting that they were married are also associated with numerous health
before the age of 18.14 While in Madagascar, challenges. Child marriages are associated
41 per cent of women are married before with 52.4 per cent of girls having children
the age of 15 years. 15 Conflict experience before the age of 18; and children born by
is highlighted as one of the key drivers of young mothers are more likely to die during
child marriages in countries such as the infancy (Wodon et al., 2017). Furthermore,
DRC where a lot of girls get married before adolescent mothers suffer poor health
they are 15 in rural conflict areas than in outcomes due to the increased risk of
peaceful urban regions.16 intimate partner violence (Savadogo and
Wodon, 2018).17
Previous reports also show that Africa
accounts for 25 per cent of the global Another significant impact of child marriage
population of girls who enter marriage is single motherhood, and this is a regular
before 18 years and projections are occurrence in areas near border posts.
that Africa’s share could increase to 50 Increased cross border activities because
per cent by 2050 (African Union, 2018). of the AfCFTA could entice young girls into
Recent evidence shows that at least 11 early sexual relationships with traders and
African countries have child marriage rates transporters. Early sexual debut often leads
exceeding 40 per cent (Africa Child Policy to unwanted pregnancies.
Forum and Oak Foundation, 2019). As
14 UNICEF 2018
15 SADC SGBV Policy Scan. Safaids (2019)
16 Ibid
17 Savadogo, A., and Q. Wodon (2018). To What Extent Could Ending Child Marriage Reduce Intimate Partner Violence in sub-Saharan Africa?
Education Global Practice. Washington, DC: The World Bank.
A substantial proportion of young girls separated. Except for Egypt and Ethiopia,
are getting pregnant prior to attaining the all the other countries have large rates of
minimum age of marriage and many suffer single motherhood—ranging from 31.7 per
human rights abuse such as dropping out cent in Uganda to 55.8 per cent in Ghana.
of school and being exposed to domestic Furthermore, most of the single motherhood
violence. Figure 4 shows for the case study status is attributed to the “never in marital
countries, the extent of single motherhood— union” category. The chart suggests that
defined as women aged 15-19 years that so many young girls end up pregnant and
begun child-bearing while either unmarried bearing children while still in their parents’
(i.e. never in a union), widowed, divorced and homes.
Figure 2: Child labour and school attendance among children aged 7-17 years
Source: Author’s calculations from the DHS surveys

Beyond RECs, continental institutions There are some noteworthy practices at

have also addressed child marriages. For the country level. For example, countries
example, the African Union launched a like Botswana, Egypt and Gambia have
Campaign to End Child Marriage in Africa.18 legislation that specifies the minimum age
This campaign works at encouraging all of marriage as 18 years with no exemptions.
member states to develop strategies to Furthermore, in 2014, the government
raise awareness of and address the harmful of Egypt developed a national strategy to
impact of child marriages. The African prevent child marriage and promote young
Region has ratified instruments which view people’s sexual and reproductive health
child marriage as a violation against girls’ and rights. Similarly, the government of
human rights: Several African human rights Ethiopia developed a National Strategy on
instruments condemn child marriage and Elimination of Harmful Traditional Practices.
establish 18 years as the minimum age In 2019, the federal government came up
of marriage. These include (i) The African with a nationally costed roadmap to end
Charter on the Rights and Welfare of the child marriage and female genital mutilation
Child (article 21); (ii) The Protocol to the (FGM) during 2020–2024. Earlier, in
African Charter on Human and Peoples’ 2013, the government of Zambia launched
Rights on the Rights of Women in Africa a three-year national campaign to end
(Article 6); (iii) The African Youth Charter child marriage. Zambia has also adopted
(Article 8); and (iv) The SADC Protocol constitutional prohibitions against marriages
on Gender and Development (Article 8). for girls under 18. 19 Zimbabwe and Tanzania
Furthermore, reduction of child marriages are also a good example where courts have
were also entrenched in the tenets of the ruled against unions for children under 18
Africa Agenda 2063. years of age.
LIKELY IMPACT OF THE AFCFTA ON CHILD MARRIAGES IN THE

AFRICAN REGION
Opening up of trade in the region might the risks they may face doing it (UNICEF
lead to a situation where adolescent girls Office of Research Innocenti, 2019). 21 Child
start migrating in search of educational and marriages linked to migration necessitate
livelihood opportunities in other countries. complex relationships among authorities in
According to UNICEF, one out of every four the countries involved. If receiving countries
migrants from Africa is a child (UNICEF, have signed international commitments to
2016).20 According to a recent analysis uphold children’s and women’s rights, then
of migration in the horn of Africa, it is they will be obliged to monitor and enforce
postulated that teenage girls’ experiences appropriate legislation to protect these
of poverty, exploitation, and violence children within their borders, regardless of
shape their decisions to migrate despite their place of origin.
19 UN Women and AU 2018 Ibid

20 UNICEF (2016) Uprooted: The growing crisis for refugee and migrant children https://www.unicef.org/publications/files/Uprooted_growing_crisis_
for_refugee_and_migrant_children.pdf
21 UNICEF Office of Research – Innocenti (2019). “No Mother Wants Her Child to Migrate”. Vulnerability of children on the move in the Horn of Africa.
https://www.unicef-irc.org/publications/pdf/Child-Migration-Horn-of-Africa-part-1.pdf
CHILD TRAFFICKING AND CSEC

Existence of a protective legal and policy Smuggling is a lucrative trade,
framework for the protection of other child and many smugglers will
rights. Globally and at the Africa continental
manipulate, extort and take
level, there is a rich and protective policy
framework for the protection of children advantage of the gullibility
from sexual abuse and exploitation. Articles and vulnerability of migrating
33, 34, 35, 36 of the Convention on the children, often leaving them at
Rights of the Child (CRC) provide for the the mercy of kidnappers.23
protection of children from sexual abuse
and exploitation. Specifically, Article 16 The ACERWC report notes that in Zimbabwe
(1) of ACRWC provides for the protection children are assisted to cross borders
of children from abuse, maltreatment, to countries such as South Africa or
including sexual abuse. Furthermore, Article Botswana by smugglers popularly known
27 requires states to protect children from as “Amalayitsha”. On the other hand, in
all forms of sexual exploitation and sexual Zambia, several children are smuggled
abuse. On the other hand, Article 13 (e) of across the border by truck drivers. The
the 2003 Maputo Protocol underscore the same report notes that there are no gender
need to support women working in informal variations among the children who move
activities.22 Despite the availability of the across borders. Nonetheless, girls and young
above legislative protections, girls in Africa women more likely to be exposed to sexual
are in a very precarious environment. abuse by smugglers. As such, the expansion
of trade activities across borders as part of
Illegal activities performed as part of the implementing the AfCFTA has the potential
cross-border trade, including smuggling, to escalate the level of abuse faced by girls
are likely to expose girls and young women and young women through smuggling.
to sexual abuse and other forms of abuse.
The ACERWC study on children on the Globally children make up over a quarter
move in Africa noted that smuggling is one of detected trafficking victims in the world,
of the main causes of child movement in However, at least 64 per cent of these
Africa. When children encounter barriers children are from SSA according to 2017
in accessing legal channels for movement, UNICEF Report (cited in O Bello et al., 2020).
they resort to crossing borders with the Between 2015 and 2017, more than 18.2
assistance of smugglers who also smuggle million children were on the move across
goods for trade. This facilitates the Africa. Figure 5 shows the distribution of
movement of children from one country to the children on the move in Africa across
another. Highlighting the potential risks different sub-regions. Central Africa and
for children to be abused under the care of the Great Lakes region account for the
smugglers, UNICEF noted: largest share of children on the move. East
22 African Union (2003) Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa.
23 Africa Committee of Experts on the Rights and Welfare of the Child (2018) Mapping Children on the Move within Africa. PP 50.
Africa follows Central Africa while North through official channels; the true extent
Africa, Southern Africa and West Africa have of child trafficking in Africa could in fact be
recorded a much lower share. These figures much higher.
represent the statistics of children captured
Figure 5: Statistics of Children on the Move in Africa during 2015-2017
Source: ACERWC (2018) Mapping Children on the Move within Africa
Furthermore, nearly equal numbers of Drivers of child trafficking in Africa

males and female children were on the Poverty: is one of the major push factors of
move across Africa during the three years child trafficking. It is one of the main factors
(not shown in the chart). However, there driving parents and guardians to allow
were some variations per region, with the children to engage in trade as a means
proportion of females on the move in Central of generating income for the household.
Africa and Great Lakes as well as West Africa Traffickers take advantage of the vulnerable
exceeding that of boys. In both Central Africa situation of children and their parents.
and the Great Lakes region (9.6 million) The desire for improved life situations by
as well as West Africa (650,000), females the parents, push them to hand over their
accounted for 51 per cent of the children on children and relatives to traffickers.25 In
the move in the two sub-regions.24 the Napak District of Northern Uganda,
communities like the Lomatoit indicate that
24 African Committee of Experts on the Rights and Welfare of the Child (2018) Mapping Children on the Move within Africa.
25 Ibid
parents are tricked into giving away their sexually exploited. In the Mano River Union
children in exchange for some money. Some countries of West Africa (i.e. Sierra Leone,
such children end up in the capital Kampala Guinea, Liberia and Ivory Coast), the pursuit
and are exploited through CSEC or across for better education in the city also pushes
borders for other destinations including parents in rural areas to easily give away
Kenya and Europe.26 their children to relatives, friends and other
people living in the cities. The expectation
In Southern Africa, countries like Zimbabwe, is that such children will acquire a better
Mozambique, Lesotho and Zambia education in the cities. However, these
experience trafficking of young girls and children may end up as street traders,
boys for promised job opportunities in domestic workers or engaged in other forms
South Africa. They often end up in abusive of exploitative labour or CSEC.
situations either as child labourers or being
Box 2: Parental involvement in child trafficking in Ghana
In Ghana, several communities within the country serve as both sources

and destinations of child trafficking. Children are trafficked into child
labour mainly in the fishing industry involving activities like fishing,
processing and selling. A man from Kwamekrom sold his four sons for
500 cedes (US$ 111) to traffickers working on Lake Volta. In Ghana,
children are trafficked by people that are familiar to them, starting from
their parents to close relatives. A 2013 ILO analytical report of Ghana
child trafficking showed that 42 % of trafficked children were sourced
from their parents. Ghana case analysis also indicated that some chil-
dren (approximately 17 per cent) offered themselves up for trafficking
with the expectation of better opportunities. Concerning causal factors
for trafficking, In Ghana, poverty stood as a significant driver. Cultural
and social norms, such as forced marriages also pushed young girls into
the arms of traffickers.
Source: Yadoglah (2018).27
26 Girls Advocacy Alliance, Plan International and terres des hommes- Primson Management services (2018)
27 Yadoglah, J. A (2018). Factors Influencing Child Trafficking: An Analysis of cases reported in Ghana.
Lack of awareness: In addition now aware of their children’s vulnerability to

to poverty, families usually lack an trafficking and other harmful practices.
understanding of the consequences of giving
away their children to live with other people Cultural and Social Norms and
in the city to acquire a better education. Practices
Previous research on the Gbalamuya and
Pamelap communities’ at the Guinea-Sierra Some girls are forced to move away from
Leone border shows that raising community their homes on their own, running away from
awareness about child trafficking—especially cultural practices such as forced marriages
how children taken from rural areas are or female genital mutilation. Of the nearly
exploited and destroyed in the cities—can 41 states globally with child marriages
change this situation. Specifically, AMNet rates at least 30 per cent or above, 30 are
(2018) shows that attitudes towards the in Africa.28 Peer pressure can also push
practice of informal fosterage have altered young girls to offer themselves to traffickers
following the awareness-raising sessions who promise to get them to a lucrative
organised by DCI-Sierra Leone and DCI- destination for job opportunities. In addition,
Guinea. The research by AMNet showed discriminatory gender norms and values that
that members of the Gbalamuya community make girls and young women less important
also stated that school enrolment in the compared to boys and young men increase
community increased because parents no the propensity of girls and young women to
longer send their children to Freetown for move out of their communities in search of
education or work. Similarly, in Pamelap, greener pastures. They may end up in the
border law enforcement agents said that hands of traffickers (Temin et al., 2013).29
parents were now more involved in the
upbringing of their children, as they were
Box 3: Young girls in West Africa are trafficked mainly for sexual abuse
On a bus in Cotonou, four Nigerian girls aged 15-16, sit closely together as they are
about to embark on the last part of their journey to Mali, where they are told their
new husbands, whom they have never met, await them. They started at home in
Eastern Nigeria, where their parents had agreed that they are commissioned to
be wives of Nigerian men in Mali. Asked if the parents knew, the transporter re-
sponded that he had negotiated with the parents who accepted down payment for
dowries which would help them start some small business. The same news agency
reported that at the end of April 2019, Interpol had rescued 1216 trafficked girls
and 157 were children from Benin, Burkina Faso, Niger, Nigeria, and Togo. Some of
the trafficked victims were working at sex workers in Benin and Nigeria.
Source: Inter Press services (2019) West Africa, Fine Line between Cultural Norms and Child Trafficking.
28 Africa Committee of Experts on the Rights and Welfare of the Child (2018).
29 Temin, M., Montgomery, M., Engebretsen, S. and Barker, K. (2013) ‘Girls on the Move: Adolescent Girls & Migration in the Developing World. A GIRLS
COUNT Report’. New York: Population Council. http://bit.ly/1pJfeco
Weak border controls

Weak border controls in some regions perceived to be travelling to areas near
also offers traffickers the opportunity to the border. At the Kenya-Uganda border
cross with unregistered children who have (Busia), child identification at the border
no legal documents to cross borders. In is not a requirement; identification is only
West Africa, children are smuggled by needed if the parent is moving beyond
traffickers as cargo. In Sothern Africa, the 10km radius as gazetted by the East
some bus drivers are reported to bribe African Community (EAC). In other border
border authorities to cross with children crossings, only the parent’s identification
who do not have adequate documentation. is required, exposing children to the risk of
It is worth noting is that the requirements trafficking. Other State parties, with support
for traders moving with children across of CSOs, have developed localized measures
borders are not harmonized, between to address child trafficking using border
countries or across RECs. For instance, no communities, as illustrated in Box 4.
child-identification is required for traders
Box 4: Addressing cross border child trafficking in Mano River Union countries
The introduction of Standard Operating Procedures in 2016 by Defence for Children

International (DCI) at the borders signed between Sierra Leone and Guinea and Sierra
Leone and Liberia, ensures that there are now increased checks for child trafficking
and collaboration between security officials of both countries at the borders in mitigat-
ing cross border child trafficking. However, because it is impossible to deploy security
personnel at all border crossing points between African countries, many travellers,
particularly those with incomplete travel documents or are travelling with victims of
trafficking take advantage of the porous borders. In this respect, the involvement of
the communities in controlling cross border movement of people is vital. One of the
results of the cross-border child trafficking project by DCI is that border communities
check on the movement of strangers travelling with children. If trafficking is suspect-
ed, communities report such cases of child trafficking to the police.
The law enforcement actors interviewed during the evaluation study said that the
communities—especially the local Chiefs—are referring more cases to them since
2016. Immigration officials in Jendema highlighted that communities have also start-
ed reporting cases of children on the move in an attempt to protect them.30 NGOs
such as AMNet and GOAL (Sierra Leone), African Movement of Working Children and
Youth (AMWCY) and Unité Conjointe Transfrontière (Guinea), and DCI-L (Liberia), also
said that the respective border communities started referring cases of child trafficking
to them.
Source: Evaluation (2018)
30 Immigration, Source 40, note 2, Jendema (30/11/18)

The potential impacts of AfCFTA on

child trafficking in Africa
The above analysis has demonstrated that and trafficking across Zimbabwe’s porous
trade routes and road transporters within borders, these cases remain unknown
and across State Parties are the primary and unreported because of the nature of
vehicles for child traffickers. We note the crime. International Organization for
the weak border control systems and the Migration (IOM) reported that Zimbabwe
monitoring of road transports—which can experienced high rates of child trafficking
potentially fuel child trafficking. Children primarily because in many cases, victims
are trafficked often by people known to were afraid to speak out. According to the
their parents and relatives. Increased trade IOM, child smuggling is most prevalent on
and movement of people as the borders the borders of South Africa and Botswana
are opened further for business, is likely because documents can be forged, and
also to increase child trafficking. To this people bribed to allow entry without proper
end, as the countries develop their national documentation.
strategies for operationalisation of the new
trade agreement, it is vital that the drivers The easily porous borders mean that the
of child trafficking and the knowledge trafficking of children is also prevalent.
gained on the key players, are used to put in Child trafficking cases are difficult to trace
place measures that can contribute to the because minors are not responsible for their
reductions in child trafficking. actions, and there is a thin line between
smuggling and trafficking. Trafficking is not
The opening of borders may lead to the always clear as many trafficked people may
illegal smuggling of children from Zimbabwe be recorded as migrants in the country of
to neighbouring countries such as South destination. Opening up of borders may
Africa, Botswana, Zambia, or even other lead to an increase in commercial sexual
countries outside Africa. In Zimbabwe, exploitation of adolescents particularly girls
specifically, persons are engaged in the and an increase in child marriages as young
illegal business of transporting children girls will be forced to migrate in search of
who do not have passports to their greener pastures in other countries such as
parents in other countries. Despite there South Africa.
being many instances of child smuggling
5. WOMEN INFORMAL CROSS BORDER

TRADERS AND THE AFCFTA
IMPORTANCE OF INFORMAL CROSS BORDER TRADE
Women’s involvement in cross border trade Informal cross border trade is critical to
on the African continent is substantial. Africa. In terms of magnitude, it accounts
According to the 2018 EAC Gender Policy, for a substantial proportion of total
women account for 70 per cent of informal exports in several African countries. For
cross border traders. One of the reasons example, based on countries that operate
for the vast number of women traders is the Automated System for Customs Data
their significant involvement in the trade (ASYCUDA) and implement the STR, informal
of agricultural products. Several reasons cross border trade is substantial. In Uganda,
explain women’s dominance of agricultural ICBT was estimated to be between 15-30
trade on the continent. First, agricultural per cent of official exports in 2018 (Uganda
produce is not taxable in several African Bureau of Statistics, 2020)33. Similarly,
countries. In the same way, women traders informal cross border trade accounts for
have limited capital and it is much easier at least 30 per cent of the intra-Africa
to trade in non-taxable goods. Second, trade among SADC countries (Nshimbi et
agricultural produce originates from within al., 2017). Whereas informal economic
the region and can easily be categorized activities account for 42 per cent of Africa’s
within the US$ 2,000 threshold for the GDP, they nonetheless account for 56 %
simplified trade regime. Third, agricultural of the employment (Schneider and Enste,
produce is easily traceable to acquire 2003). Women depend more on informal
the required certificate of origin to clear employment than men—in Africa with at least
customs, compared to manufactured 90 per cent of women employed informally
goods. Also, agriculture is seasonal and compared to 83 per cent of men (ILO,
seasonal markets allow women to balance 2018).34 The rates for female employment
their domestic and income-earning roles. in the informal sector are high for all sub-
However, the dominance of women in cross regions in Africa except for Southern Africa
border trade is primarily in numbers; the few and to a limited extent North Africa.35
men involved have more capital than the
numerous women ICBTs due to male traders Before the establishment of RECs in the
ease of accessing loans from banks (Njiwa late 1990s and more recently the AfCFTA in
201231 ; Desai 200932). Overall, by women 2018, informal cross border trade was the
actively engaging in agricultural produce primary engine driving regional integration.
across borders, they ensure regional food Cross border trade also supports the
security. livelihoods of a large population. According
31 Njiwa (2012). Informal cross-border trade: Challenges and opportunities: A case of COMESA and its STR implementing borders.
32 Desai M. 2009. Women cross-border traders in Africa: Rethinking global trade. Development 52(3):377–386.
33 Uganda Bureau of Statistics (2020) The Informal Cross Border Trade Survey Report 2018 (Kampala: UBoS).
34 International Labour Organization (2018) Women and men in the informal economy: A statistical picture (Geneva: International Labour Office).
35 In Southern Africa, 42.4 per cent of women are employed in the informal sector compared to 62.2 per cent in North Africa and at least 94 per cent in
both East and West Africa (ILO, 2018).
to the World Bank (2020), at least 40,000 because of the current demographic shifts in
persons daily cross the Rwanda-DRC border Africa characterised by a youth bulge, many
of Petite-Barriere in Goma. The proliferation Africans are projected to stay in the informal
of ICBT is largely attributable to the sector for their working lives.36 In particular,
relatively small start-up capital required and about 50 per cent of the 125 million new
proximity to the market (UNCTAD, 2018). jobs projected in SSA between 2010 and
Finally, in an environment characterised 2020 will be informal or based on household
with a population bulge among the youth, enterprises. For young women, the attraction
albeit with limited formal employment for informal work is the potential flexibility,
opportunities, ICBT offers an avenue for i.e. the opportunity to combine informal work
both employment and incomes for survival. with child care for those with children or
According to the World Bank (2014), dependents.
Box 5: Informal trade as a human right
Beyond employment and income generation, participation in Africa’s informal

trade is recognised as a human right issue in various protocols. For instance,
Article 13 section (e) on Economic and social welfare rights of the 2003 Protocol
to the African Charter on human and people rights on the rights of women in Africa
calls on states to “create conditions to promote and support the occupations and
economic activities of women, in particular, within the informal sector”. Similarly,
SADC’s gender policy recognises the informal sector and commits member states
to “enhance economic empowerment initiatives to ensure that all women and
men benefit from increased economic opportunities in trade, formal and informal
employment, and business; furthermore, Member States should integrate women’s
unpaid work into national accounts and budgeting processes.” Concerning cross
border trade, SADC gender policy aims to “Enhance and promote the participation
of women in small, medium and large enterprise development and cross border
trade”.
36 World Bank (2014) Youth Employment in Sub –Saharan Africa.

CHALLENGES WOMEN FACE IN CROSS BORDER TRADE

One of the challenges women ICBT lured by crooks to use illegal crossings. Illicit
face is the absence of suitable enabling routes are considered more viable given
environment to facilitate their movements the trading environment in which some of
at border crossings. This is partly due the places in designated markets close
to the negative perception that they are beyond regular hours. The introduction of
also engaged in smuggling. As such, the STR in the COMESA and EAC sub-region
a combination of either policies or shortened these processes. The regime
administrative and operative mechanisms consists of four instruments—a simplified
may make women feel uncomfortable to customs document, a simplified certificate
use the official border crossings and opt for of origin, a common list of products and a
un-official or un-gazetted crossing (EASSI, threshold for the value of the consignment.
2012). 37 Smuggling is associated with The STR has considerably reduced the time
insufficient information and unsuitable taken by cross border traders to less than
policy regimes for women to appreciate and 30 minutes. The STR has also reduced the
realise the benefits of using official channels cost of trading across borders since customs
to trade. The EAC, for example, recognises officials immediately recognise submitted
the role of women, and this recognition is documents with limited procedures and
enshrined within the customs union where hurdles. A study conducted by Trade Mark
women are identified as legitimate traders East Africa (TMEA) in 2016 revealed that the
and not smugglers. The recognition has average time spent under the STR reduced
raised the bar both in terms of trade as well by as much as 50 per cent.38 However,
as formalisation. Intra-regional trade has border trade issues are very fluid with
significantly increased in part due to the frequently changing regulations and policies
appreciation of women to formalise. One as well as new entrants. An outstanding
way to change the enabling environment is challenge is that not all COMESA countries
to ensure that all the persons (immigration, currently use the STR framework.
customs, security, agents, etc.) working at
the border crossing are registered and have It is also important to note that women
proper identification or uniforms. may be affected differently by the border
environment depending on experience. New
Border procedures present an incredibly participants may struggle to complete the
significant challenge to women traders. certificate of origin and would ordinarily take
The requirements for customs clearance a much longer duration. Also, women who
can be cumbersome, time-consuming, and frequently cross the border to trade and
prohibitive (UNCTAD, 2019). Before STR, are accustomed to security officials do not
border procedures were a long process. face significant immigration and customs
Whether you were carrying 5 kilograms or challenges compared to new entrants.
handling 5 tonnes of agricultural produce, Recent entrants depend on the support
you were subjected to the same lengthy of their more experienced counterparts,
procedures for customs clearing. As an but this may introduce another avenue for
alternative, unsuspecting women were exploitation.
37 Eastern African Sub-regional Support Initiative for the Advancement of Women (EASSI) (2012) “Action Research on Women Informal Cross Border
Traders in the EAC Region”
38 Oxford Policy Management et al., (2018) TMEA evaluation Strategic Objective 1 http://iati.dfid.gov.uk/iati_documents/53355421.pdf
Besides border procedures, women traders Women face sexual harassment from
are also affected by unfriendly border the multitude of men that operate in
infrastructure (UNCTAD, 2019). Some border the border area ranging from customs
crossings have no sanitation and health and security officials, transporters, and
facilities that can be used by the travelling money changers. Faced with such a hostile
public. In cases where public restrooms are environment, some women fear to engage
available, there are no separate washrooms/ these exploiters and sometimes choose to
toilet stances for women. As such, men use unofficial routes when faced with threats
and women go the same washrooms of exploitation. On the other hand, unofficial
next to each other which is also not safe routes not only lack avenues for redress
for young women and girls. Furthermore, but also carry higher risks of exploitation
border crossings have no day-care centres. and as such are extremely dangerous for
A significant number of women who engage the women. For example, at the borders
in cross border trade are mothers and between Sierra Leone and Guinea, the DCI
sometimes undertake their trade activities has documented cases of attempted and
while carrying children. Many border actual rape as well as murder of passengers
crossings on the African continent do not including women using “bush roads”
have adequate places for breastfeeding patronized by commercial motor bikes or
and changing diapers. There is also a lack Okadas.
of public and secure storage space to keep
goods as well as access to formal banking It is worth noting that some of the current
services. In the event of trafficking incidents, policies recognise the challenge of
the borders also lack temporary care facility sexual harassment of women traders. For
for rescued victims. example, the EAC gender policy notes that
concerning migration, women and girls are
Due to weak trade facilitation which affected by “human trafficking, intimidation
makes formal systems lengthy and costly and extortion at borders and sexual
the use of un-official cross border routes harassment”. Similarly, the SADC gender
persists. Lack of information or ignorance policy aims to “Eliminate discriminatory
predisposes women to use illegal ways practices towards female workers in formal
to trade. Some women are unaware of and informal employment in relation to
the available trading framework that international and national labour markets
can support them. Many rely on families and ensure equitable application of health
and friends for information which may and safety codes and regulations, rights
be incomplete, untrue, or misconstrued. and sexual harassment codes”. Also, the
The scarcity of appropriate information SADC gender policy calls for facilitating
has played a significant role in preventing women’s access to safe and affordable
women from optimising trade opportunities. public infrastructure. Establishing a Charter
At the same time, the use of ungazetted for cross-Border Trade in Goods and Services
border crossings costs resources due to has been one of the ways countries have
the payment of bribes and facilitation of a addressed sexual harassment of women
chain of personnel including security and traders (Brenton et. al, 2014).39
go-betweens. Un-official routes can lead to
confiscation of goods real or purported (if Beyond addressing sexual harassment,
using an agent or intermediary). women cooperatives are critical in
39 Brenton, P., N. Dihel, M. Hoppe, and C. Soprano (2014) “Improving Behavior at Borders to Promote Trade Formalization: The Charter for Cross-Border
Traders” World Bank Trade Policy Note No 41.
providing information on border procedures, procedures, charge a commission for their

especially taxation. Nonetheless, beyond services. If the trader involved is not fully
providing information regarding border aware of all taxes to be paid, the brokers
activities and shelters, cooperatives have may inflate both the commission and
also supported women to network as well any applicable taxes ultimately affecting
make attempts to formalise as well as cut earnings. The exploitation can be by way of a
out intermediaries in their activities. For request for a bribe to ensure that the custom
example, women cooperatives from the official stamps to allow the goods passage.
opposite side of the border can support Women cross border traders face a
the process of clearing of goods and challenge of balancing work and home
transportation of goods inland. Through responsibilities. Most young women do not
networking, a woman operating on the have enough times for their families. Those
Rwanda-Uganda border at Katuna can who trade in agricultural products must
engage in trade at another, e.g. Busia leave home exceedingly early e.g.at 5 am to
(Kenya-Uganda) without actual physical secure fresh produce in the markets. Some
movement. Furthermore, cooperatives are young women must meet the additional
also able to engage with other members of costs of hiring domestic help given the
the border community, e.g. with customs substantial duration away from home.
officials through participation in joint Initiatives to support women informal traders
border committees. Sometimes, when new
procedures are due for implementation There are several regional initiatives to
customs officials seek the views of trade- support cross border trade in general, and
cooperatives. For some border crossings women traders. These include Trade Mark
with established OSBP infrastructure, East Africa (TMEA) focusing on Burundi,
women cooperatives have a desk/ Kenya, Rwanda, South Sudan, Tanzania,
office—where members can easily access and Uganda. Other initiatives include the
information. These OSBPs have been Great Lakes Trade Facilitation Project
instrumental in providing trade information (GLTFP)—a US$ 79 million project targeting
and policies concerning RECs. Finally, vulnerable groups in the border regions
trade-cooperatives can serve as a source of Rwanda, Burundi, and DRC. Overall,
of finance as some offer loans to members these regional initiatives aim to reduce
at rates much lower than those offered costs faced by traders, especially small
by money lenders. Furthermore, the scale, and women traders. The primary
leadership of women’s cooperatives have interventions of the project are in following
in some instances served as guarantors for areas: (i) Improved infrastructure, e.g. rest
member’s loan applications in microfinance areas; (ii) establishing a charter of minimum
institutions. standards; (iii) rollout of simplified border
procedures; and (iv) the harmonisation
Brokers or intermediaries are part of the of borders through OSBPs. In Box 6, we
group at the helm of exploiting women describe how TMEA is specifically addressing
cross-border traders. Brokers who are some of the constraints women face.
traditionally used to clear customs
Box 6: Trade Mark East Africa addressing constraints faced by women traders
Trade Mark East Africa (TMEA) aims to increase trade by reducing barriers to trade and
boosting business competitiveness. To address the constraints faced by women, TMEA is
implementing three main areas of interventions. First, it is building institutions—women
traders are running small, fragmented enterprises operating below the radar and may not
be easily recognised. Building institutions therefore entails building some form of formality
around these women. Key activities include l building women cross border cooperatives
across the EAC region and supporting those that already existed under COMESA. TMEA
supports cooperative’s participation in the formal border framework and also champions
women’s voices at the national level through the different forums
Second, TMEA supports the transitioning of women cross border traders towards a formal
structure of trade. Support for formalisation is mainly through capacity building, knowledge,
information and building networks highlighting the requirements, rules and regulations
affecting trade, i.e. the dos and don’ts. It also builds networks by supporting the connection
with other traders undertaking similar business. Additionally, it supports connection to
buyers—through cooperatives which can access the market or through enabling aggregation
as well as compliance with the required standards.
Third, the initiative seeks to ensure that the border infrastructure is responsive to the needs
of women ICBTs. This is achieved through both direct investments of such infrastructure as
well as through advocacy for the required infrastructure. These include crèches, resource
centres for providing information, separate toilet facilities for women and men at the border
crossing as well as resting places that can be used for nursing a baby.
Overall TMEA has a considerable infrastructure component in its programming. Through the
OSBP, the provision of such infrastructure has been more straightforward—either through
direct delivery or advocating for specific design considerations. The following examples
describe the nature of infrastructure established and how it supports women traders at the
various border crossings in East Africa.
i. At the Rwanda-DRC border crossing at Rubavu Petite Barriere, TMEA provided a crèche
(has a facility to offer privacy for breastfeeding, sanitation facilities etc.).
ii. At the Kenya-Tanzania border crossing at Taveta, a shade for rest was provided, and this
facility can also serve as a place where women can temporarily hold their consignments.
iii. In border areas where TMEA has none of their own infrastructure, e.g. at Namanga
(Kenya-Tanzania border) which was built by JICA, TMEA hired a resource centre—a space
close to the border crossing where women can go to get information or can report in case
of arbitration.
iv. Aggregation centres these are facilities recognised by customs where women can store
goods for up to 30 days free of charge.
Source: Interview with Director Gender-TMEA, August 2020

Beyond the regional trade projects, there has also developed an app SautiAfrica
are several small-scale CSOs supporting which is a mobile-based trade and market
women cross border traders. An example information platform that enables women to
is EASSI which offers training to women in access trade information. In other instances,
cooperatives to empower them to conduct the NGOs has seconded a desk officer to run
trade using the official channels. This NGO the women’s cooperative office at the OSBP.
POTENTIAL IMPACTS OF AFCFTA ON WOMEN INFORMAL

CROSS BORDER TRADE
There is minimal reference to girls, young cases of GBV owing to the changing or
women, or ICBT issues in the AfCFTA challenging of gender roles. Violence arises
agreement. In fact, only Article 27 regarding in marital relationships where women do
technical assistance, capacity building and not have the freedom to choose the areas in
cooperation explicitly states the need for which they work. At the same time, beyond
State Parties to implement measures to cross-border trade, the AfCFTA will lead
support “improving the export capacity of to more foreign direct investment and the
both formal and informal service suppliers, setting up of factories that will automatically
with particular attention to micro, small demand labour. Nonetheless, most African
and medium-sized enterprises; women and countries do not enforce minimum wage
youth service suppliers”. The agreement legislations on account of pervasive and
nonetheless provides avenues through persistent unemployment problems. Without
which issues of ICBT can be advanced. minimum wages, women and girls remain
For example, a significant challenge faced vulnerable to labour exploitation, as they
by women ICBT are the variations in presently receive lower wages for the same
customs procedures. The AfCFTA provides work compared to their male counterparts.
for the creation of a Sub-Committee on
Trade Facilitation, Customs Cooperation Despite the availability of various policies
and Transit to ensure that processes are by the RECs, several of these are not
simplified, and customs procedures are harmonised, and this could affect the
standardised. The same sub-committee is implementation of the AfCFTA. For example,
envisaged to address the infrastructure gaps the policy on the STR is not harmonised on
at border crossings. thresholds. Despite DRC being a member
of COMESA and a signatory to the STR, the
Cross border trade is expected to expand minimum threshold considered in DRC is
with the implementation of the AfCFTA US$ 500 while it is US$ 2,000 for the rest
due to overall declines in trade barriers. of COMESA. Such State Party attempts
The reduction of NTBs could also attract to increase potential customs revenues
more women to join cross border trade. by taxing lower value goods goes against
Beyond expanded income opportunities, the spirit of regional integration, and the
the widening of intra-African trade and same situation could also arise under the
increased participation of women in cross- AfCTA. Any taxation of low-value goods will
border trade could spark an increase in be detrimental to women’s participation
in cross border trade. Besides the varying other practices during the implementation
thresholds for the STR, some countries of the AfCFTA could disproportionately affect
levy vehicle charges for regional vehicles women.
travelling inland. For example, Rwanda
charges a flat fee of US$ 76 per vehicle, The requirements for movements with
whereas other countries charge road user children are also not harmonised. For
fees dependent on the mileage. When traders perceived to be travelling to areas
levies are flat regardless of the goods near the border, no child identification is
transported, this disproportionally affects required. At the Busia Kenya-Uganda border,
women who trade in low value but bulk child identification at the border is not a
agricultural produce.40 Other examples of requirement and is only necessary if the
differences in implementation of agreed parent is moving beyond the 10km radius
protocols are exhibited in value added tax gazetted by the EAC. In other jurisdictions,
(VAT) imposition—which is not uniform across only the parent’s identification is required,
neighbouring State Parties.41 Even within and this exposes the children to the risk
the RECs, some goods are permissible of trafficking. In Box 7, we describe an
while in other countries the same goods experience of a trader witnessing child
are banned.42 The continuation of such and trafficking.
Box 7: Zimbabwe female cross border trader shares her experience

in witnessing child trafficking
In 2018 we took our members of the SMEs to participate in the display of our
products in Eswatini. All the members were seated yet the bus driver would not
start the journey. He kept on saying that he was waiting for one passenger. We
got delayed for 5 hours. What surprised us is that we had hired this vehicle to
take us to Eswatini. We left only after this lady with a child arrived and joined
us in the vehicle. We observed that this child did not belong to this woman. At
the roadblocks, police officers did not identify the child as the women tried to
hide her. One of us asked if the child belonged to her, and she responded that
she was transporting the child to South Africa to her parents as the child did
not have a passport. When we reached a garage in Musina, a strange person
approached and asked her “What have you brought us”, she showed the person
the child and they alighted at that garage.
Source: Interview with female cross border trader, August 2020
40 Also attempts to switch vehicles at the borders are costly—due to loading costs and these affect the margins received by women cross-border
traders.
41 For example, for taxable goods, Rwanda charges VAT on cross-border goods while Uganda does not levy similar charges.
42 Within the EAC, for example, polyethylene bags are prohibited in some countries, e.g. Rwanda, Tanzania, Burundi and Uganda but not in Kenya.
COVID-19 PANDEMIC AND WOMEN INFORMAL CROSS

BORDER TRADE
Although African governments through borders but with some restricted movements
RECs have increasingly recognised the of specific cargo. However, not all countries
need to support women cross border adopted similar measures. Some, e.g.
traders, more current practices during the Tanzania went against the COVID-19
COVID-19 crisis point to continued attention regulatory tide and did not implement any
and preference for large scale trade. The lockdown measures. Women who engaged
containment measures adopted during the in cross-border trade at the Tanzania-Uganda
COVID-19 pandemic partly demonstrate this (Mutukula) border faced stigma—due to the
issue—Governments banned the movement need to remain in an isolation centre for 14
of persons but allowed trucks to continue days upon return from Tanzania.
crossing borders. Only women who are
organised into groups or have significant The Coronavirus pandemic—which led to
capital could hire trucks.43 Several women the closure of official border crossings
lost perishable products like fish to the prompted an increase in the use of illegal
unaffordability of refrigerated trucks that routes resulting in increased sexual
were permitted to cross borders. With the harassment of women. Some women have
envisaged expansion of trade under AfCFTA, been raped, and most sexual assault cases
this kind of prioritisation of large-scale go unreported since they are linked to
players could continue. One of the general unofficial channels. Beyond rape, women
objectives of the AfCFTA to “promote and have faced other hazards while using
attain sustainable and inclusive socio- unofficial routes. Several borders are defined
economic development, gender equality by water bodies, e.g. rivers and crossing
and structural transformation of the State rivers during the rainy season comes with
Parties”. To realise this, there is a need to the potential risk of losing one’s life. The
ensure that the policies adopted are fair and restrictions of movements greatly affected
ensure gender equality. trade since at many border crossings, the
markets are uneven. A significant part of the
African countries adopted different buying public is typically on the more affluent
measures to deal with COVID-19 with side of the border, closure of the borders
varying effects on women. Principal among thereby leaves women with no alternative
these was the closure of international market or buyers.
43 Small scale traders on foot or using motorcycles were not allowed to trade, whereas women dominate small scale traders.
6. CASE STUDIES
6.1 ETHIOPIA CASE STUDY
Irregular migration and commercial
sexual exploitation of children
A key cross border challenge affecting Proclamation 760/2012 on registration
Ethiopia is the CSEC. Although a large of vital events and national identity card,
number of Ethiopians migrate—especially all Ethiopian children are supposed to be
to the Middle East—many do so irregularly registered. On the other hand, the 2015
using third party countries, notably Yemen, anti-trafficking proclamation, No.909/2015,
Somalia, and Kenya. Some of the migrants criminalized sex trafficking and labour
are children who end up in CSEC. Due to trafficking, and prescribed penalties of “25
high levels of poverty—especially in rural years’ to life imprisonment and a fine of
areas—children are encouraged to migrate 200,000 to 500,000 Ethiopian birr (US$
to support families. Aside from poverty, 6,290 to US $15,720) for cases involving
CSEC is exacerbated by the lack of birth an adult female victim or a child victim”.
registration—only 3 per cent of Ethiopian More recently, in February 2020, a new
children are registered compared to an Proclamation 1178/2020 was approved to
average of 56 per cent in SSA (Central address smuggling of persons. Furthermore,
Statistical Agency and ICF, 2016).44 Children the Criminal code outlaws both child
end up being exploited en-route to their prostitution and any sexual activities with
destination and while at the destination. minors. Hence from a legal standpoint,
Over time many children and young women Ethiopia has the rules that should address
have been rescued from the Middle East. potential trafficking under the AfCFTA;
According to the State Department’s 2020 however, the limited enforcement of the
Trafficking in Persons report for Ethiopia, available legal provisions could continue to
in 2019, at least 13,107 female potential expose children to abuse.
victims of transnational trafficking were
identified. Increased trade activities and It is also worth noting that unlike other
the freedom of movement under the AfCFTA countries, a substantial proportion of
agreement could increase migration and Ethiopia’s migrants move to other African
ultimately the risks of trafficking. countries. Figure 6, which shows the 15 top
destinations for Ethiopian migrants in 2019,
On the other hand, Ethiopia has some shows that at least 18.1 per cent of the
of the most stringent laws against both migrants end up in other African countries.45
child and human trafficking. Through the The four states of Kenya, Sudan, South
44 Based on the 2016 Ethiopia Demographic and Health Survey, most of the children registered are in urban areas (11.5%). Furthermore, registered
children are mainly in Addis Ababa (24.7%) and Dire Dawa (18.5%) regions. Central Statistical Agency (CSA) [Ethiopia] and ICF (2016). Ethiopia
Demographic and Health Survey 2016. Addis Ababa, Ethiopia, and Rockville, Maryland, USA: CSA and ICF.
45 Figure 6 shows that the USA is the leading destination with at least 27.4 per cent of the migrants. The USA is followed by the Middle East countries—
notably Saudi Arabia, Israel and Yemen. The dominance of the USA and other Western countries, e.g. Canada, can be explained by refugee programs.
Sudan, and Somalia received 14.8 per cent migration to other African countries and the
of all Ethiopian migrants. At the same time, relatively large percentage of women among
women account for most migrants in 8 of migrants is likely to be a source of concern
the 15 countries in the chart, the women’s during the implementation of the AfCFTA.
share is more than 50 per cent. Both the
Figure 6: Top 15 destinations for Ethiopian migrants and share of women
Source: UNDESA (2020)

Box 8: Ethiopia’s trafficking profile
Human traffickers exploit domestic and foreign victims in Ethiopia, and traffick-
ers exploit victims from Ethiopia abroad. Scarce economic opportunities and dire
poverty, coupled with familial encouragement, compel thousands of Ethiopians,
including a substantial percentage of unmarried individuals under age 30, to
transit, primarily via Djibouti or Somalia, to Yemen and onward to Saudi Arabia
and Europe. Illegal border crossings into Kenya continue to increase, with vic-
tims destined for South Africa to connect to onward flights to Ecuador with a final
destination of the United States or Canada. The least common route is through
Sudan and Libya to cross the Mediterranean and ultimately reach Europe. Re-
ports suggest traffickers exploit irregular Ethiopian migrants, who began their
journeys voluntarily, in commercial sex or forced labour in transit countries and
their intended destinations. Government officials and international organizations
estimate traffickers exploit 70 per cent of the approximately five million Ethio-
pians transported to Saudi Arabia in forced labour. Generally, young men and
women migrate northwest via Sudan towards Europe, while young women tend
to travel through Eritrea or Djibouti to secure domestic work in Saudi Arabia.
Saudi Arabia remains the primary destination for irregular migrants, represent-
ing 80-90 per cent of Ethiopian labour migration; observers report approximately
400,000-500,000 Ethiopians reside there without valid travel documentation,
which increases their vulnerability to traffickers exploiting them in forced labour
or sex trafficking. Ethiopian women who migrate for work or flee abusive employ-
ers in the Middle East are also vulnerable to sex trafficking.
Source: US Department of State (2020) 2020 Trafficking in Persons Report: Ethiopia
Concerning routes for cross border trade, traded across Ethiopia’s borders include
Ethiopia’s main crossings are is with the livestock—especially for Kenya, Sudan and
following countries: Kenya (Moyale), Somalia Somalia and sesame pulses (with Sudan)
(Bula Hawa, Beset Weyne and Goldogos), and cereals—maize and sorghum—for
Djibouti (Obock), Sudan (Metema) and South Somalia and South Sudan.
Sudan (Moyale). The primary commodities
6.2 EGYPT CASE STUDY

Female labour force participation
and informal employment
Although Egypt has remarkably high rate is only a quarter the rate for men,
female education attainment, women i.e. 18 vs 72 per cent. At the same time,
face a very severe penalty in the Egyptian women are more than twice more likely
labour market. Majority of young women to be unemployed, especially in urban
who leave school cannot find jobs. Women areas. Also, unemployment rates are much
face a penalty due to social-cultural norms higher among young women with higher
regarding women working away from education attainment. Earlier studies also
home that are pervasive in the Arab world show that female youth are by far less
(European University Institute, 2010)46 and likely to be employed; Sieverding (2012)
private sector employers concerns regarding shows that 8 out of every ten female youth
the prospect of maternity leave (Barsoum out of school are not in the labour force
et al., 2009).47 Figure 7 shows some of compared to only 1 out of every ten male
the key labour market indicators for Egypt youths.48 Given that Egypt is a large-scale
and indicated there are large gender gaps. manufacturer of products, and leading
First, the labour force participation rates exporter under COMESA, increased demand
for women are less than only one-third that for manufactured goods within the AfCFTA
of males, i.e. 24 vs 79 per cent and this is may not benefit women, given their limited
the case regardless of location. As such, presence within the workforce.
the women’s employment to population
Figure 7: Key Egyptian labour market indicators by gender
Source: Barsoum et al. (2014)49
46 European University Institute (2010) ‘Labour Markets Performance and Migration Flows in Arab Mediterranean Countries: Determinants and
Effects – Volume 3: National Background Papers Mashreq (Egypt, Palestine, Jordan, Lebanon, Syria)’, European Economy Occasional Papers, no. 60
(Brussels: European Commission).
47 Barsoum, G., Rashed, A. and Hassanien, D. (2009) ‘When there is “No Respect” at Work: Job Quality Issues for Women in Egypt’s Private Sector’,
Gender and Work in the MENA Region Working Paper Series, no. 2 (Cairo: Population Council).
Several reasons explain the female family-friendly employment options relating

disadvantage in labour force participation to maternity leave and child-care, mentioned
among young women in Egypt including earlier. As such, the long wait for public
education attainment and early marriages. sector jobs predisposes young women
The participation rates among young in Egypt to longer durations unemployed
women who have not completed secondary (Barsoum et al. 2014). Finally, connections
education (i.e. no education, primary, matter significantly for securing a public
preparatory, general secondary and sector job, and young women without
vocational secondary) are about 10% education or from poor background are less
(Sieverding, 2012). Concerning marriage, likely to have the necessary connections to
participations among married young women secure such employment (AfDB, 2016). Due
are about half those for single women to the above constraints, more women end
regardless of education attainment. Other up employed in the informal sector, but even
challenges noted include limited mobility then, the discrimination persists as detailed
of female youth and limited working in the in Box 9.
private sector due to concerns of lack of
Box 9: Women in Egypt are trapped in informality
The average wages for informally employed women in Egypt are around half
those of informally employed men, even though the women work longer
hours and more days per week. Moreover, a large percentage of informal fe-
male workers – 63% in 2008 – are unpaid family workers, so earn nothing.
Because of gender discrimination, women are often excluded from training
opportunities, such as informal apprenticeships, that could help them to
earn better wages and improve their working conditions. They also face
higher obstacles getting hired by the informal sector as well as formal sec-
tor firms. Hence, for many women, self-employment is the only way that they
can support themselves and their families. Around one-quarter of all female
workers in Egypt are self-employed, and the bulk of self-employed women
are in rural areas. But women entrepreneurs in Egypt experience more
significant difficulties than male entrepreneurs. They have lower access
to resources that they can use as collateral for loans and more restricted
access to markets and networks. This would explain why most successful
entrepreneurs in Egypt are older, educated males.
Source: Africa Development Bank (2016), page 23 50
48 Sieverding, M (2012) Female disadvantage in the Egyptian Labour LABOUR Market: A Youth Perspective. Population Council, Survey of Young People
in Egypt (SYPE) Policy Brief No 4.
49 Barsoum et al (2014) Labour market transitions of young women and men in Egypt. Work4Youth Publication Series No 16.
50 Africa Development Bank (2016) Addressing Informality in Egypt North Africa Policy Working Paper.
To deal with the female disadvantage, the Prospects for female migration in Egypt
2016-2020 Industry and Trade Development
Strategy targets to pursue industrial The freedom of movement of persons
development while giving priority to women, provisions within the AfCFTA may not
youth and minorities (Ministry of Trade benefit Egyptian women as well. Due to
and Industry, 2016). Within the second proximity to the Middle East and southern
pillar of the strategy on Micro, Small and European countries, many Egyptians migrate
Medium Enterprises and Entrepreneurship annually. Figures from the United Nations
Development, the Egyptian government Department of Economic Affairs (UNDESA)
will provide business development services shows that the number of emigrants from
to youth enterprises. In particular, the Egypt increased by 11.3 per cent between
government will provide “Financial and non- 2015 and 2019—from 2.01 million to 2.23
financial services packages for startups, million. However, other African countries
women and minorities provided by financial have accounted for less than 1 per cent as
institutions, specifically NGOs.” Furthermore, the destination of Egypt’s migrants despite
given that women in rural areas face, sharing borders with both Libya and Sudan.
Sustainable Agricultural Development Most of the migrants end in the Middle East
Strategy Towards 2030 (SADS 2030) targets and to less extent in North America. Figure
to prioritize the role of women in various 8 shows the ten leading destinations for
areas of rural development. Egypt’s migrants and 6 out of 10 countries
are the Middle East. Also, women account
for a substantial share of migrant’s number
of emigrants in 2019—ranging from 21 per
cent in Qatar to 48 per cent in the USA.
Figure 8: Egypt: Share of women migrants in the 10 leading destinations, 2019 (%)
Source: UNDESA (2020)

6.3 SIERRA LEONE CASE STUDY

Women cross border traders
Despite not being landlocked, Sierra Leone 2002), women in Sierra Leone have low
has substantial cross border trade with its education attainment (see Figure 9) and as
neighbours—Guinea in the North East and such those involved in cross border trade
Liberia in the South East as part of the Mano have a difficult time comprehending border
River Union (MRU). Significant arbitrage procedures. As such, sometimes they form
opportunities drive Sierra Leone’s cross groups and use these groups or any selected
border trade; the neighbouring countries, individual to transport goods across borders.
e.g. Guinea, have larger ports serving more In other cases, women aggregate goods in
significant landlocked countries and as such one vehicle or a group of cars and these
have lower transportation costs and cheaper are transported across the border, and the
goods. The primary commodities traded women follow the goods using the regular
across borders include: (i) palm oil used both transport services. In other instances, they
for cooking and as a raw material for making use some form of formalized aggregated
soap; (ii) Gari cassava powder; (iii) fuel, (iv) transport locally referred to as “Chattermen”.
manufactured goods, (v) spare parts; and These are relatively bulky vehicles which
motorcycles popularly known as Okada. will use the official border crossing; the
Generally, customs officials use discretion to women pay a flat fee or “bulk amount” to the
determine what is taxable. Due to a variety chartered man who is in most case much
of constraints, women most frequently more familiar with the border procedures to
participate in informal cross border trade. transport the goods across the border. The
bulk amount is partly used to cover any tax
Due to the legacy of the civil war (1991- or other official charges.
Figure 9: Sierra Leone: Women with secondary or higher education (%)
Source: ICF, 2015. The DHS Program STATcompiler http://www.statcompiler.com

Women engaged in ICBT face sexual trade. Children are used as carriers of
harassment from a variety of sources, goods, especially for traders using informal
including middle-men, and securities border crossing and for short distances.
agencies who create cumbersome Also, during weekly “Luma” market
procedures that may limit female days, children supporting parents to sell
participation in trade. For example, merchandise. In other instances, border
intermediaries or transporters may take communities may use other relatives’
longer trade routes so that women must children to help them undertake informal
spend the night and increase the chance trade. This is the case, despite the presence
of being compromised. A trading activity of compulsory education policy in Sierra
that should have taken one day ends up Leone, early marriages are common
taking two days. Indeed, women are forced along border areas. Figure 10 shows the
against their will to give in to receive certain distribution of child labour (all children aged
benefits. 5-17 years) across districts of Sierra Leone
based on the 2017 MICS. It is worth noting
Due to weak trade facilitation, there is that the districts Koinadugu and Pujehun
extensive use of informal border crossings have the highest rates of children engaged in
in Sierra Leone (Centre for Economic child labour 65 and 46 per cent respectively.
Research and Capacity Building Freetown, Apart from Koinadugu being a significant
2018).51 There is extensive use of unofficial gold mining district, it also borders Guinea to
or informal border crossings; however, the the North East while Pujehun borders Liberia
use of such routes is majorly seasonal, used in the South East. A previous study on Sierra
mainly during the dry seasons when rivers Leone’s trade with other MRU countries
dry up; new unofficial border crossing can showed that there is only one official border
be created during the dry seasons that can crossing in Koinadugu district at Dogoliya
use either vehicles or motorcycles. Some with two customs officials (Centre for
of the informal crossings are only operated Economic Research and Capacity Building
by security and not customs officials and Freetown, 2016). 52 Both the limited number
as such, require little or no documentation of official crossings and customs personnel
at all. On the other hand, during the rainy predisposes the area to a high prevalence
seasons—only officials border crossings are of child labour due to the porous nature
utilised whereas, during the dry season, of the border. Furthermore, the porous
both unofficial and official border crossing border crossings where there is limited use
are used. of documentation to cross borders may
be serving as an incentive for children to
Child labour in Sierra Leone’s join trade early. The limited availability of
schools at the border areas also increases
border areas
the propensity for children to be engaged in
exploitative labour.
Children resident in border areas routinely
supports parents to undertake informal
51 Centre for Economic Research and Capacity Building Freetown (2018) The realities of cross-border trade between Sierra Leone and its neighbours
52 Centre for Economic Research and Capacity Building Freetown (2016) Pilot survey on cross border trade from Sierra Leone to other Mano River
Union countries.
Figure 10: Sierra Leone Rates of child labour (all children aged 5-17 years) by districts
Source: Author’s estimates from the 2017 Sierra Leone MICS survey
Addressing Child Trafficking in the

Mano River Union region
The project’s undertakings included the especially those who cross the borders
training of border officials, CSOs and between Sierra Leone and Liberia, and
border communities on child trafficking and Sierra Leone and Guinea. […] What they do
prevention and response mechanisms, other is they identify victims of child trafficking,
direct interventions such as aiding the police rescue them, put them through the referral
in identifying and reunifying victims of child mechanism but also, they train personnel
trafficking, the development and signing of at the border to identify, rescue and reunite
the Standard Operation Procedures (SOP) these children with their families. Their
and the lobbying to reform the domestic key outcome has been around advocacy,
trafficking laws that are currently in place and the development of the Standard
in the three countries. In the words of the Operating Procedures, a document for
Ministry of Social Welfare, Gender and Child border personnel with steps they need to
Affairs in Freetown: “A part of what DCI-SL identify victims and make sure that they
and its counterparts in Guinea and Liberia have access to the services they need and
do, is their work on children on the move, prosecute alleged perpetrators.” 53
53 Ministry of Social Welfare, Gender and Child Affairs, Source 46, note 1, Freetown (03/12/2018)
Box 10: Development of the Standard Operation Procedures

(SOPs) in MRU countries
In 2017, Defence for Children International (DCI) worked with border

officials, community leaders and CSOs from Liberia and Sierra Leone to
develop Standard Operation Procedures (SOPs) on how to prevent and
respond to cross border child trafficking. After the SOPs were devel-
oped, law enforcement actors were trained on how to implement the
SOPs.
As a result of the SOPs, border officials report increased efforts to

arrest suspected child traffickers. For example, two women who
wanted to traffic two children from Kenema (Sierra Leone) to Liberia
for sale were arrested from the collaboration of security officials with
community members of Bomi County, Liberia.54
As noted earlier, engagement of children in Finally, with respect to CSEC, fishermen

cross border trade put them at higher risk are part of the groups targeting children. In
for trafficking, because trade activities lure Sulima and Pujehun districts in Sierra Leone
them into moving from one place to another closer to the border with Liberia significant
in quest of making more money. Also, fishing activities involving fishermen mainly
children who trade at border communities from Ghana, Liberia and Sierra Leone
become familiar with immigration and has increased the rate of CSEC in that
security officials and can move in and out community.
without undergoing proper immigration
scrutiny.
6.4 ZIMBABWE CASE STUDY

Child marriage
The 2013 Zimbabwe Constitutions Act is silent on the minimum age but allows
recognizes the minimum age of consent to unregistered marriages. On the other hand,
marriage as 18 years. Section 78 (1) and (2) while the Marriage Act enables girls to marry
of the Constitution outlaws child and forced at 16 years, boys can only get married at
marriages.55 On the other hand, Section 18 years. In 2016, the Constitutional Court
81(1e) provides for protection from sexual ruled that the age provisions under the
exploitation, labour and any form of abuse. Marriage Act were unconstitutional.
Nonetheless, there are discrepancies since In 2019, Zimbabwe devised a two-year
previous laws that are still on the statute strategy to end child marriage. The strategy
books allow marriage before 18 years. In targets to ensure that Zimbabwe is free
particular, the 1951 Customary Marriage from child marriages where both boys
54 DCI-SL, Source 49, note 1, Freetown (03/12/2018);

55 Government of Zimbabwe, Constitution of Zimbabwe Amendment (no 20) Act 2013
and girls enjoy equal status. Among the criminal gangs. According to the US State
approaches proposed in the strategy include Department’s 2019 Trafficking in Persons
the promotion of child-led initiatives through Report, children from Zimbabwean towns
peer education and other platforms, e.g. bordering South Africa, Mozambique and
U-Report by UNICEF. The plan to end child Zambia are still trafficked and subjected
marriage also commits to campaign for to forced labour and prostitution. Human
the alignment of Zimbabwe’s laws with traffickers exploit domestic and foreign
the Constitution as well as international victims in Zimbabwe. A United Nations High
standards. The alignment will be attained Commissioner of Refugees (UNHCR) 2018
partly by ensuring that all children are report on child trafficking noted that many
registered through mobile birth registration. Zimbabwean adults and children migrants
The plan also targets to ensure that all girls enter South Africa with the assistance of taxi
remain in school and complete secondary and bus drivers who transport them through
education. the Beitbridge border or nearby unofficial
crossing locations. There is an intricately
The engagement of children particularly linked syndicate of traffickers who include
girls in the informal sector such as ICBT transporting bus drivers, women traffickers
activities leads to a tendency for their of young children and contact persons in
parents to consider them matured and ready South Africa destinations to include Musina,
for marriage. Related, their involvement in Pretoria and Johannesburg. Trafficked
these economic activities also lower their persons are transferred to criminal gangs
chances to continue schooling, thereby that subject them to abuse, such as forced
increases chances for them to be married prostitution.56 The opening of borders
off. Additionally, border areas are usually through the AfCFTA might exacerbate child
far removed from national-level decision trafficking. Box 11 identifies some of the
makers, have weak child protection syndicated involved in child trafficking in the
institutions and the orientation of the SADC region.
people is more economic driven with less
consideration to child protection.
Child trafficking in Zimbabwe

In Zimbabwe, trafficking of persons
including children is undertaken through a
syndicate of organised traffickers including
other women, truck drivers and destination
56 United Nations High Commissioner of Refugees (UNHCR) (2020). 2018 Trafficking in Persons Report Zimbabwe
Box 11: Syndicates for child trafficking
Some of the trafficked persons are transferred to criminal gangs that

subject them to abuse to include forced prostitution.57 Asked about
whether child trafficking happens, one officer from some of the trader’s
association had this to say;
“Yes, this is happening. We hear that women are at the forefront. They
are the agents that transfer children, both boys and girls from source to
destinations. There are rumours that the children are drugged; that is,
they are neither reactive nor do they cry during transit.”
Challenges faced by women ICBTs

in Zimbabwe
High rates of unemployment are among “There is nothing, especially at the
the significant push factors for the growth
Beitbridge border. The situation
of informal unemployment and ICBT.
The country has the ZCBA as the lead is terrible. When we travel via
institution representing cross border traders Masvingo at least, there is a
and is responsible for coordinating and garage which offers toilet facilities
implementing COMESA programmes. Other and food. Women try to use these
relevant cross border associations include facilities before they cross.”
Zimbabwe chambers of informal economy Female cross border trader.
association, Trade and Commerce Small
and Medium Enterprises, Women in Trade,
Permits and licenses: trading in the region
Bulawayo Vendors and Traders Association.58
requires some form of permits and licenses.
SADC region adopted a simplified trade
Some agricultural products, e.g. potatoes
regime. It allows for individuals to purchase
and others, need permits to export or to
goods worth 1000 and below without the
import. Most of the offices which issue
need for permits or licences.
permits are centralised in Harare, making it
difficult for traders who are operating from
Infrastructure: There are no restrooms at the
different parts of the country to access
borders for use by women traders. Asked to
them. Furthermore, there is also a lot of
comment on the availability of infrastructural
bureaucracy, thereby affecting women trying
facilities at the border, all the female cross
to access permits and licenses. Overall,
border traders interviewed highlighted the
undue delays at border crossing force
precarious situations of sanitary facilities at
women to opt for unofficial channels as
the border posts. Some of them had this to
described in Box 12.
say;
.
57 United Nations High Commissioner of Refugees (UNHCR) (2020). 2018 Trafficking in Persons Report Zimbabwe
58 Interview with official from COMESA-ZCBA
Box 12: Undue delays at border crossings
In Zimbabwe, female traders experience undue delays as the border

personnel try to extract artificial delays to draw bribes from the female
traders. Most male officials do not hold female traders in high esteem.
Asked about whether female traders experience sexual harassment
from border officials, one of the female traders interviewed had this to
say;
“To some extent, there is some sexual harassment by border officials.

When we arrive at the border in a bus, the officials would announce
that those who want to cross fast stand on a separate queue. The wom-
en would then pay to the officials, and they are released. But those who
do not have the money to pay to the officials remain at the border, and
the drivers of the buses sometimes end up leaving them. What hap-
pens to those women who had stayed behind is not known, and there
are fears that they could be exposed to sexual abuse.
Non-recognition of female association Potential corruption from Border Officials:

members: A lot of women that have Female traders interviewed noted that there
membership certificates for the associations is a limit of 4 items for each product can be
they belong to noted that when they cross transported tax-free. To cross borders faster,
borders, they are not recognised. They are bus drivers demand contributions from every
treated as informal traders and must bribe. trader to build up between 100-200 dollars.
The majority have membership cards as These informal payments are solicited and
traders, and yet when they get to the border, availed to bus drivers who negotiate with
the membership cards are not required. border officials for faster clearance. This
practice undermines officially registered
traders. On the other hand, there are also
“Even if one has a letter from a non-trade barriers in the form of roadblocks
small to medium enterprise or a that dot major border highways.
membership card from recognised
trade associations, border officials
do not recognise these, and this,
therefore, leads to increased
levels of corruption involving the
border officials”
Female Cross Border Trader 1.
Box 13: Numerous roadblocks between borders

and major cities
Female cross border traders experience many roadblocks between the

main borders and towns of destination, which can range from 4 to 6
roadblocks. In Zimbabwe, there are reported cases of such roadblocks
concerning Kariba, Chirundu and Beitbridge border. Some such road-
blocks are 500 meters from the main border. As such, there is a need
for orientation of Zimbabwe Revenue Authority and police officers to
understand what is chargeable and what is not under the simplified
trade regimes. Most such payments that are done along the roadblocks
do not issue receipts which are associated with bribery and corruption.
A female respondent had this to say;
“After the Chirundu border officials have cleared us and we are ready
to go, we encounter numerous police roadblocks. Makuti roadblock is
the most famous one. Although most things would have been cleared
at the main border, they still demand everyone to declare their goods at
the roadblocks. Some of the female traders lose their goods because of
limited knowledge by the police officials on what is chargeable.”
6.5 KENYA CASE STUDY

Commercial sexual exploitation of
children in coastal areas
Due to its relatively large number of tourists, the 2006 Sexual Offences Act stipulated
before the COVID-19 pandemic, Kenya was the minimum age of consent as 16 years.
faced with a severe challenge of commercial However, this falls short of international
sexual exploitation of children. Earlier standards such as those by the ILO where
estimates indicated that at least 50,000 the minimum age is 18 years.
children, mainly at the Kenyan coast, were
involved in commercial sexual activities.59 Furthermore, a report by ECPAT notes
Also, a 2006 UNICEF study revealed that that despite the availability of these legal,
more than 30,000 children were involved safeguards, the enforcement of these legal
in child prostitution. Due to the widespread provisions in Kenya is a challenge.60 In 2013,
prevalence of CSEC, the Government Kenya developed a national plan of action
of Kenya has overtime instituted legal against CSEC. Among the activities planned
frameworks to curb the vice. For example, concerning recovery and reintegration
of formerly abused children include
59 End Child Prostitution in Kenya (ECPIK) 2009 Baseline survey on Child Sex Tourism
60 ECTAP (2007) Confronting Commercial Sexual Exploitation of Children in Africa
61 National Council for Children’s Services (2013) The National Plan of Action Against Sexual Exploitation of Children in Kenya
“establishing a national documentation children without any education is more

centre on child sexual abuse (CSA) and than double the national average (61.2 vs
sexual exploitation of children (SEC).61 28.6 per cent). The chart also indicates that
Besides, the plan proposes to provide children who attain secondary education
rescued children access to alternative are significantly less likely to enter early
livelihoods through vocational training as marriages. Concerning wealth, again is the
well as start-up grants. children from the bottom 20 per cent of
households likely to be married early. Based
Child marriages in Kenya on location, estimates indicate that the
three leading areas with the highest rates
Another dimension of CSEC in Kenya is of child marriages are North East (38 per
through early marriages since it involves cent), followed by Nyanza (35 per cent) and
children under 18 years. Figure 11 shows Coastal areas 31 per cent (not shown in the
the distribution of child marriage rates chart). Hence, providing education beyond
among young women aged 20-24 years primary school is critical for addressing the
by education attainment and wealth various facets of CSEC in Kenya.
status. The rate of child marriages among
Figure 11: Kenya: Child marriage among women aged 20-24 years by education attainment and wealth status
Source: Author’s calculations from the 2014 Kenya Demographic and Health Survey
Addressing child marriages and

CSEC in Kenya
The Government of Kenya has put in place The GAA programme in Kenya is supporting
a legal framework to protect children from the Government to implement laws to
CSEC. For example, the Government is protect girls from abuse. In Kenya, the GAA
implementing the National Plan of Action interventions are implemented by East Africa
for Children (2015-2022) which is raising Centre for Human Rights (EACHRights),
awareness among the public that child Forum for African Educationalists (FAWE),
marriages can lead to gender-based East Africa Civil Society Organizations
violence. On the other hand, the Trafficking Forum (EACSOF) and Coalition on Violence
in Persons Act of 2010 criminalised sex and Against Women (COVAW). The programme
labour trafficking and set severe penalties has contributed to the identification of
upon conviction—of not less than 30 years policy gaps and strengthening existing
imprisonment or a fine of not less than 30 policies around child marriages. Because
million Kenyan shillings (USD 290,700). of the interlinkages between CSEC and
Furthermore, Sections 14 and 15 of the Child trafficking, the GAA partners in Kenya
Sexual Offenses Act of 2006 criminalised have designed the programme response
the assistance of child sex tourism and to include CSEC and child trafficking (CT)
child sexual exploitation with punishment while integrating economic inclusion. Other
like those of other serious crimes, such as key achievements of the GAA programme
rape. At the same time, the Enactment of include implementation of the school re-
the Counter Trafficking in Persons Act of entry policy and Bridging the Economic
2010 established Counter Trafficking in Empowerment Gap through –Enrolment
Person Advisory Committees that combats of learners into TVETS. The 2019 midterm
trafficking and offers rehabilitation of review of the GAA programme noted some of
rescued victims. Section 14 of the 2001 the following vital achievements listed in Box
Children Act protects children from 14.
early marriage, customs, or any harmful
traditional practices, including sexual
exploitation.
Box 14: Addressing CSEC in Kenya.
Involvement of the Private Sector: The GAA programme recognised that the
opportunity for economic independence of girls, would reduce early marriages. The
programme involved informal private sector players in the largest slum in Nairobi
Kibera. The programme targeted transporters notably Bodaboda (motorcycle riders)
and Matatu transporters who used to abuse young girls sexually contributing to
teen pregnancies. They enticed girls through offers offree rides to young girls. The
GAA programme sensitised the transporters to play a critical role in fighting SGBV
and child marriages. The programme worked with these kinds of informal private
players to report cases of SGBV and become programme allies in ending child
marriages.
Community leadership, particularly traditional leaders, engaged in shunning CSEC

and CT. Traditional leaders mainly chiefs having been trained on CSEC and CT. They
indicated they now understand the negative aspects of CSEC and CT and the need
to change the harmful norms, values, beliefs and practices. The community leader-
ship reported meeting at least once a month to discuss matters of child protection.
“We discuss the challenges faced around CSEC and CT, and we come up with
the solutions to manage the problem. The training we received from COVAW has
been instrumental, we are many chiefs, and we exchange experiences in our
communities and idea on tackling the challenges” Mr Hamadi Halfani: Area Chief
Kingwede, Shirazi Village, Musabweni Sub County - Kwale County.
The CSEC and CT Survivors were supported through the GAA programme to access
economic empowering interventions. The programme in Kwale reached out to sur-
vivors of CSEC and CT, training them on the negative aspects of CSEC and CT. The
survivors were empowered to engage in gainful economic activities, through skill
development offered by the members of the informal private sector in Kwale and
linking them to the ongoing government projects such as the Kenya Youth Employ-
ment Opportunities Project (KYEOP). Adolescents, Girls and Young Women (AGYW)
were educated on the importance of reporting child abuse CSEC and GBV.
Establishment of CSEC and CT structures to spearhead change in norms, values,

beliefs and practices of CSEC and CT. Through identifying community activists’
champions, the GAA programme has registered some impact in the form of commu-
nities denouncing some of the harmful social norms. Organisations have started to
report CSEC and CT issues through the structures that the GAA supported them to
develop.
Box 14: Addressing CSEC in Kenya.
“Most of the community members have changed their attitudes towards the young
mothers, they used to send a child away if they got pregnant, but now they are now
understanding and try to find ways to help their child.” County Chairperson, Lunga-
Lunga- Sub-County, Kwale County.
Community Level: At the community level, the thrust is to address the social
norms that communities are practising that are negative and contributing to
child marriages. Community sensitisation and education on the importance of
girl child education are emphasised. The programme works with a community
leader (Nyumbakumi) responsible for ten households. The sensitisation through
the Nyumbakumi targets cultural gatekeepers to include chiefs, religious leaders,
and village herds. Nyumbakumis lookout for girls that would have joined their
communities for marriages or raise the alarm when young girls disappear. They are
the community watchdogs for tracking or stopping possible child marriages.
Source: Extracted from GAA et al., (2018) 62
Cross border trade in Kenya

In 2017, Kenya developed a new trade regulations and eliminate those that hinder
policy which targets to transform Kenya women’s access to financial assistance
into a competitive export-led economy. including credit; since women rarely own
Among the complementary support policies property.”
and measures, including those focusing
on gender equity and inclusive youth Kenya has 24 official border crossing with
approaches to trade development. The its five regional neighbours. At the same
policy identifies two significant challenges time, agricultural produce and manufactured
that constrain women participation in goods dominate cross-border trade in West
trade. The first relates to the lack of an and South of Kenya, i.e. with Uganda and
appropriate legal framework to address Tanzania, in the North and in the North-
unfair procedures against women traders. east, trade dominated by livestock. Traders
Secondly, women are affected by limited buy livestock from Ethiopia and Somalia
access to financial services due to lack of and sell it to Kenya. Unlike other types of
collateral. Women face challenges accessing trade, livestock trade entails substantial
resources despite Kenya being one of the travel inland to access markets, and this
few African countries that have laws that all negatively affects women. Overtime, Kenya
equal inheritance between boys and girls. As adopted various laws to support trade in
such, the policy commits to “Develop laws, agricultural foodstuff, albeit with some
62 GAA, Plan International, Terres des Homme, Primson Management Services (2018) Mid Term Review of the of the Girls Advocacy Programme in
Kenya (2016-2018)
reversals. Despite Kenya being a signatory who trade in such goods. Export and import
to the EAC Common Market Protocol (CMP) bans on foodstuff usually fuel illegal cross
“which guarantees the free movement of border trade activities, and these are very
goods, services, capital and investments.”, risky for women.
the country has routinely banned exports of
agricultural produce—especially Maize which Kenya’s main cross border points are with
is a national staple—due to food security Ethiopia (Moyale), Tanzania (Namanga),
in and safety as well as other national Uganda (Busia and Malaba), and Somalia
concerns. Some of these grain trade bans (Dhobley). The main traded items are
are announced at very short notices e.g. cereals—especially maize—for Uganda and
overnight, and this adversely affects women Tanzania.
6.6 UGANDA CASE STUDY

National Trade Policy Sexual harassment of women
traders
Uganda has an established framework
guiding trade—the 2007 Uganda National Women cross border traders face stigma.
Trade Policy. However, this Policy does Culturally women were expected to stay
not consider gender issues explicitly. at home, and when they ventured into
Nonetheless, in one of the policy actions, work, there was an expectation that jobs
the Policy commits the government they performed would be close to the
to “Encourage the empowerment of family. Cross-border trade may require
disadvantaged groups; particularly women, substantial movements, and this may go
youths and people with disabilities with a against traditional norms. Venturing into
view to enabling them participate more in this kind of work attracts stigma as such
trade”. Additionally, the policy hardly makes women are considered challenging the
any reference to informal trade despite a role of men. According to one of the key
large number of Ugandans engaged in the informants interviewed as part of this study—
informal sector. On the other hand, whereas the Chairperson of Katuna women’s cross
the country has a national committee on border cooperative—women traders are
NTBs—many of which affect women—the despised
Ministry of Gender Labour and Social
Development is not represented on this
“Men always look at us as former
committee. Uganda’s main cross border
points are with DRC (Mpondwe), Rwanda prostitutes. Even after getting married,
(Katuna), South Sudan (Nimule and Elegu) they make fun of our husbands
and Tanzania (Mutukula). The leading through claims that our husbands
items traded informally include rice, coffee, married prostitutes”. They look at all
bananas, beans, palm oil and wheat flour. women dealing in cross border trade
Together, these six products accounted for
as sex workers. Even members of
at least 40% of the total value of informal
cross border trade during 2015-2018 (UBoS, the broader community who do not
2019).63 participate in the cross-border trade
think that such stories are valid for all
women engaged in the work”.
63 UBoS (2019) The Informal Cross Border Trade Survey 2018. https://www.ubos.org/wp-content/uploads/publications/06_2020ICBT_2018_report.
pdf
Such perceptions can lead to domestic officials. When women pay no attention
violence within homes in cases where to such advances, they are branded,
husbands do not entirely approve of jobs prostitutes. However, such negative
that involve substantial movements. Indeed, perceptions against women cross-border
some women have been perceived as rebels traders are not universal. For example,
by their family members for venturing into along the South Sudan border crossing
cross border trade. where most women ICBTs are widows of
ex-combatants in the South Sudan civil war,
Women face sexual harassment through men recognise that women have to work
unwanted sexual advances from the to support families. Women cross border
multitude of men that operate in the cooperatives are the heart of addressing
border area, e.g. Boda Boda or motorcycle sexual harassment and intimidation as
transporters, money changers, and security described in Box 15 below.
Box 15: Busia (Uganda) Women’s Cross Border Cooperative
Busia (Uganda) Women’s Cross Border Cooperative was formed in 2013

and had over 1200 active members before the COVID-19 pandemic and
consequent border closures. Initially, it started as an association but later
registered as a cooperative. The cooperative has different clusters based on
the nature of commodity traded, e.g. produce, cereals, clothing, fish etc. As
such, even women dealing in relatively smaller volumes can take advantage of
belonging to a cluster to trade. The cooperative was successful in advocating
for the establishment of women’s desk at the Busia OSBP—whose day-to-day
activities are run by an information officer. The women’s desk provides trade
information and advises traders on goods that either banned or restricted.
The cooperative provides identification cards to members which can be used
to secure safe overnight storage for goods at the OSBP. The cooperative has
supported the popularisation of the fact that various government documents,
including the simplified trade certificates of origin, are offered free. The
presence of a women’s desks and access to information provided by the
cooperative has also reduced potential avenues for sexual harassment and
exploitation. This women’s cooperative is used as a benchmark on the African
continent. Furthermore, the Customs Office at Busia OSBP has a designated
official desk for women, commonly referred to as the female champion. This
champion supports women in the clearance of goods and offers taxation
information.
Source: Source: Interview with Chairperson Busia Women Cooperative

Addressing CSEC in Uganda

In addition to Ghana, Ethiopia, Kenya, Alebtong, Buyende, Lira, Wakiso, Napak,
Liberia, and Sierra Leone, Uganda is the Busia, Bugiri, and Moroto districts, by various
other GAA country in Africa. In Uganda, local partner Civil Society Organisations
the programme aims at strengthening (CSOs), namely, Federation of Uganda
processes that enable girls, and young Women Lawyers (FIDA) (with Dwelling Places
women participate equally in decision and Rahab Uganda), Platform for Labour
making on issues that affect them. Through Action (PLA) [with Somero Uganda and
lobbying and advocacy, the GAA programme Ecological Christian Org. (ECO)], Restless
addresses the root causes of Gender-Based Development, Trailblazers Mentoring
Violence (GBV) and Economic Exclusion Foundation (TMF), and Uganda Youth
(EE) of girls and young women. Apart from Development Link (UYDEL).
EE, the other specific forms of GBV that CSEC is pervasive in Uganda. According to
the programme addresses include: (a) the Violence Against Children (VAC) survey
Child Marriage, (b) Child Trafficking, (c) for Uganda, at least 15% of young women
Commercial Sexual Exploitation of Children report engaging in sexual activities in
(CSEC), (d) Economic Exclusion, and (e) exchange for material support or other help
Child Labour. The programme is being (Figure 12).
implemented in Tororo, Bukedea, Kamuli,
Figure 12: Uganda: Commercial exploitation of children
Source: (MGLSD, VAC, 2018)

Furthermore, Box 16 illustrates how children in border areas are vulnerable to childhood
prostitution.
Box 16 Commercial sexual exploitation of children at the

Kenya-Uganda border
Children are exploited into child prostitution at the borders. However, not all
children trafficked or who end up engaging in prostitution are initially from the
border area. Child traffickers typically go to rural areas and lure young girls to
come and works in bars end up as prostitutes. The traffickers usually operate
as pimps to truck drivers. Due to weak bargaining power and naivety, young
girls may not be paid for the sexual services performed. In addition, children
may suffer further exploitation as they may be easily coerced to perform non-
traditional sexual acts, e.g. engaging in anal sex.
The frequent availability of truck drivers and other transporters many of whom
are away from their regular place of abode provides an incentive for young
girls to engage in prostitution. On average, the payments for sex are usually
higher than the regular earnings, e.g. salaries from agriculture or salaries, e.g.
for teachers. Prostitutions offers quick money for relatively short durations,
e.g. UGX 50,000 (about US$ 13.5) per night compared to a teacher’s salary of
UGX 470,000 (about US$ 127). Finally, children of sex workers are more likely
to end up engaging in cross border trade underage.
Cultural attitudes to women’s involvement in trade may also inadvertently

expose young girls to exploitation. Some parents exploit the community’s
sympathies towards the girl child and encourage young girls to engage in
trade activities to support the family. Societies know that girls are vulnerable,
so parents take advantage of this fact that the community will express pity
for their vulnerability and purchase any goods sold by girls. Although this is
not direct sexual exploitation, however by sending them out on the street is
enough exposure to sexual exploitation.
Source: Interview at Busia Border

In Box 17, a potential victim of CSEC in Uganda describes how she escaped from exploitation
and ended in rehabilitation.
Box 17: From trafficking to rehabilitation
I was taken from my home district in Iganga in Eastern Uganda at the age
of 9 years. After losing both my parents, I was initially taken-on by my
grandmother, who also looked after other orphans. A person known to our
family made an offer to my grand mom to take me to the capital Kampala
for further education. Due to her meagre earnings and limited support, my
grandmother readily warmed up the idea; that is how my trafficking journey
started. My new guardian resided in Kisenyi—a famous slum in Kampala.
Upon arrival at my new home, instead of enrolling into school, I was allocated
manual laundry tasks—performed on behalf of my benefactor’s clients. My
guardian kept all the proceeds of all fees paid by the clients, I received little
or no food, and I slept on a cold floor. Other girls in my guardian’s custody
engaged in prostitution. I often heard them discuss that I was too young to join
the sex trade.
After six months at the new home, I was rescued by Rahab—an NGO that
supports victims of trafficking in Uganda. Rehab staff regularly visit hot
spots of trafficking and scout for victims. I was spotted after a few months of
my arrival in Kisenyi. Partly, because I was always hungry, the NGO enticed
me with the offer of food. Rahab staff stealthily visited me twice a week and
talked to me until I was convinced to join their rehabilitation centre located in
the outskirts of the capital Kampala. That was twelve years ago. I have since
continued with my education, and I have a dream of becoming a journalist.
Unfortunately, at the rehabilitation centre, I heard more traumatising stories
of victims of trafficking mostly from young girls previously taken to work in
the Middle East. These stories have opened my eyes to what is happening in
Uganda and gave me the determination of continuing with my education as I
pursue my dreams of becoming a journalist.
Source: Source: Interview with a survivor at Rehab Centre, August 2020

7. CONCLUSIONS AND RECOMMENDATIONS.

Labour standards targeting child labour Trade routes and road transporters within
are not part of the AfCFTA protocols. The and across State Parties are the primary
implication for this is that without any vehicles for child traffickers. Weak
requirements to enforce labour standards, border controls in some regions also offer
they will be no protection of fundamental traffickers the opportunity to cross with
human rights. Secondly, without in-State unregistered children who have no legal
Party enforcement of international child documents to cross borders. On the other
labour conventions, some State Parties hand, the requirements for traders moving
stand to gain an unfair trade advantage with children across borders are not
if they are exporting goods produced by harmonized, between State Parties or across
children. RECs. Child trafficking cases are challenging
to trace and prosecute because minors
Children actively participate in informal are not responsible for their actions, and
cross border trade. Child participation in there is a thin line between smuggling and
running the family enterprises may expose trafficking. Increased trade and movement
the child to money, even when unpaid. of people as the borders are opened further
Beyond the family business, exposure to for business, is likely also to increase child
the border community can serve as a pull trafficking.
factor for children out of school and into
trading activities. Once exposed to cross Women continue to dominate cross
border trade, children are more likely than border trade but remain highly informal
not to drop out of school. Children exposed and operate on a small scale. Many young
to both “easy money” and various routes women are stuck in the informal sector and
for conducting cross-border business never transit or grow their businesses. The
may develop a negative attitude towards limited growth of women-led enterprises
continuing schooling. is linked to various constraints including
economic reasons—like poor access to
Opening up of trade in the region might affordable financial services as well as
lead to a situation where adolescent girls limited networks and connectivity. Women
start migrating in search of educational are often unaware of the types of goods
and livelihood opportunities in other demanded in the market. Women also
countries. Child marriages linked to face higher trade costs due to expensive
migration necessitate complex relationships transportation charges and the use of
among authorities in the countries involved. middlemen. As such, several regional
State Parties will be obliged to monitor projects are supporting attempts to move
and enforce appropriate legislation to women to some form of formalisation
protect these children within their borders, by encouraging women to work through
regardless of their place of origin. cooperatives.
Despite the operation of the STR in some The proliferation of OSBP has offered some
RECs which sets the thresholds below which respite in access to crucial infrastructure
goods are not taxable border procedures that lowers the cost of doing business for
are not correctly understood and not women. Some OSBP offer aggregation
utilised by women. This is compounded centres these are facilities recognised by
by the environment of generally low a customs office where a trader can store
education attainment and the platforms and goods for up to 30 days. Young women
forms through which the procedures are currently do not pay for the use and storage
communicated. Inadequate comprehension of aggregation centres. In other stances,
of border procedures leads women to the OSBP offer a shade for rest which can
exploitation through paying for tax-free also serve as an area where a trader can
goods. It also predisposes women traders leave her consignment temporarily. In cases
to use unofficial or illegal border crossings where no established infrastructure exists,
partly as a means of avoiding interface with women’s trade cooperatives have pooled
unfamiliar border procedures. resources to hire space that they can use as
an aggregation centre.
Sexual harassment, intimidation,
discrimination, and other forms of With the implementation of the AfCFTA,
exploitations persist. Women face sexual women dominated informal trade
harassment from both customs officials may suffer due to competition from
and security agencies which has persisted multinationals and other big traders. It is
over the years and gotten worse under the mainly women who trade across multiple
COVID-19 pandemic. As a result, young borders who remain very few at the moment
women are fearful of engaging with the that stand to benefit from increased multi-
exploiters and sometimes choose to use lateral trade. Also, women ICBTs may
unofficial border-crossings when faced with be outcompeted when the enforcement
repeated threats of exploitation and abuse. of quality standards sets in. This will
The presence of women’s desks at OSBP arise because women presently trade in
and the access to information has reduced agricultural products with limited value
the available avenues for exploitation. addition; investments in standardisation are
out of reach for most ICBTs.
There is no uniform as well as strict
enforcement of rules regarding travelling Despite the ratification of several trade
with children across borders, and this can agreements, some countries to continue to
increase the threat of child trafficking. implement ad-hoc trade policies which are
It is not easy to establish the parents of detrimental to women traders. For example,
a child in the absence of easily verifiable governments routinely institute export and
official documentation, e.g. national ID, import trade bans some at noticeably short
passports and birth certificates. However, notices. By the time such information on
some countries, like Rwanda strictly enforce changes in trade policy reaches women
rules regarding travelling with children traders at the border, they may have already
across the border. Without the acceptable invested significant amounts with no
documentation, a person cannot travel recourse. Hence, there is a need to facilitate
across any Rwandese border with a child. traders to acquire information regarding any
changes in trade policies in time, before they
arrive at the border.
We recommend the following;
a. AfCFTA Secretariat
Establish an AfCFTA sub-committee on Ensure that labour standards are part of
human rights future protocols of AfCFTA.
The AfCFTA should consider establishing a Consultations with CSOs should be made
sub-committee focused on watching human when negotiating future labour provisions.
rights issues in trade issues. This can be In part, CSOs can help in monitoring the
similar and operate the same way as other agreed provisions and can help in improving
committees identified in the protocol, e.g. compliance with existing labour provisions.
the Sub-Committee on Trade Facilitation,
Customs Cooperation and Transit. The Given that AfCFTA agreement has
proposed sub-committee could regularly established the National Monitoring
monitor and to identify measures that Committee as the organ responsible
might directly or indirectly mpact cross- for eliminating NTBs, there is a need to
border traders. The responsibilities of the ensure that these committees have a
sub-committee could include ensuring that woman representative. This could lead to
State Parties implement policies that enable the recognition of the various NTBs that
women to be sufficiently knowledgeable or women ICBTs face. As earlier noted, without
educated to understand their rights. It could recognition of specific NTBs, information is
also ensure that border officials provide collected on the indicators, and State Parties
better treatment and respect for women’s have no requirement to report on the same.
human rights.
Collect age and gender-disaggregated data
Recognise sexual harassment as a non- on informal cross border trade.
tariff barrier. The AfCFTA should push for collecting age
A major challenge facing women traders is and gender-disaggregated data on informal
sexual harassment, and there is a need to cross border trade. The failure to collect
recognise sexual harassment as an NTB data on informal cross-border trade implies
to enable the development of appropriate that the activities of women traders will
national response measures. Presently, remain under-appreciated. As provided
through the various RECs, State Parties for under Article 27 of AfCFTA relating to
report on all recognised NTBs and what technical assistance, capacity building and
steps State Parties have undertaken to cooperation, the AfCFTA Secretariat should
address NTB. Without explicit recognition support the development of standardized
of sexual harassment as an NTB, member tools that can capture age and gender-
states have no obligations to regularly responsive information. Furthermore,
collect information on the indicator and gender-responsive data collection can be
report on the same. Hence the responsible instrumental in the negotiation of future
national monitoring committee responsible protocols.
for NTBs should address this gap. Beyond
the recognition, the national committee on Develop an AfCFTA gender policy
NTBs should have a woman representative The AfCFTA Secretariat should develop a
preferably a representative of a women’s gender policy similar to existing policies
trade cooperative. developed by several RECs, e.g. COMESA,
EAC and SADC. Such a policy should identify
gender concerns in trade and provide
appropriate policy measures to address officials accountable. These charters target

gender-related policy and regulatory gaps in sexual harassment, discrimination and
trade. Also, such a policy should support the ensure transparent fees and documentation.
mainstreaming of gender in various aspects The Charters also encourage the availability
of regional trade and the harmonization of and clear display of identification as a
pre-existing RECs gender policies. means of reducing exploitation. There
are examples of such charters already in
Develop minimum standards for one-stop operation. For instance, in 2017, the EAC
border posts countries established the Charter for Cross
The AfCFTA Secretariat should stipulate Border Trades which outlines the obligations
what minimum infrastructure should be of traders and border officials in the 6 EAC
established at the OSBP. For example, trade countries. Similarly, COMESA has a charter
information desks—that provide information that stipulates the expected minimum
on trade procedures, mediate on minor standards for the treatment of informal cross
misunderstanding at the border and assist border trades. The Charter explicitly states
in filling the custom documents—should at that “All individuals shall be able to cross
the very least be part of OSBP. the border without verbal or physical abuse
or harassment, including but not limited to
Harmonise existing trade agreements with sexual and gender-based violence”.
the AfCFTA
Prior to the AfCFTA, the continent Implement the Simplified Trade Regime
established several trade agreements Reduce ambiguities in border procedures
with some State Parties subscribing to by adopting and implementing a simplified
multiple trade agreement simultaneously. trade regime. There is an urgent need to
Some trade agreements have cabinet- establish a preferential trade regime for
level representation among State Parties small scale traders through a continental
e.g. the EAC. There is a need to harmonise STR. The AfCTA’s STR can be modelled
existing trade agreements such that State along the lines of current COMESA STR.
Parties are not compelled to choose which Implementation of the simplified trade
agreement to enforce and with which regimes by all State Parties to make trade by
other countries. This can be undertaken women informal cross border traders easier
by assessing the pros and cons of the and less costly.
existing RECs trade agreements and work
towards improving the provisions under the Fund nationwide birth registration to
AfCFTA for the betterment of the agreement address child trafficking
throughout the continent. Fund nationwide birth registration. Several
African countries have legal frameworks that
b. Regional Economic Communities make it mandatory to register births, but
actual funding for birth registration activities
Harmonise and popularise cross-border is insufficient. The lack of birth certificates
trade charters and codes of conducts complicates measures to address child
To address the rampant sexual harassment, marriage as well as child trafficking across
RECs must harmonise and popularise the borders.
Charter for cross-Border Trade in Goods
and Services. For RECs with charters, Beyond birth certificates, there is a need to
these charters typically provide the codes establish standards for identifying potential
of conduct at the border crossing and can victims of trafficking especially children. It
be used by informal traders to hold border is worth recognising that several children
attend school across borders without any persists is the limited presence of female
documentation. However, the requirement personnel at the border whether customs
should be that children can only cross or security officials. As such, there are fewer
borders to attend school in a uniform to ease non-trader women at the border who can
identification. Additionally, there is a need to offer support with either border procedures
establish some form of registration facility or as an avenue to report an infringement
between the school and border officials. on women’s rights. Consequently, there
There are existing examples where such is a need to ensure a gender balance in
measures are in place. As earlier mentioned, personnel as well as a regular rotation of
in Rwanda—which is more structured there customs officials at the border to reduce the
is a specific pass signed by both parents threat of harassment. Furthermore, State
which must be shown to allow a child to Parties should ensure the availability of a
cross the border. This is partly why the women’s desk at a relatively large border
establishment of day-care centres is critical crossing.
for Rwanda’s border crossings due to the
strict enforcement of any informal migration. Decentralise the system of trade
certification
c. State Parties Decentralise the infrastructure for
certification away from the nation’s capital
Establish infrastructure at border crossing to increase compliance. Depending on the
appropriate for women nature of goods traded, specific permits
There is a need to provide funding to or certificates are required for one to be
establish the necessary infrastructure at authorised to trade. However, most of these
border crossing appropriate for women. permits are usually centrally provided—
Apart from storage facilities like aggregation typically at agencies located in the state
centres, ICBTs traders require suitable capital, and these are often located far
sanitation facilities as well as day-care away from the border. Having national
centres. Sanitation facilities need to be certification situated at the capital city acts
separate for women and men and should as a hindrance for young women to engage
consider the volume of daily border crossing. in formal trade, thereby adding to the other
Day-care centres would offer an opportunity constraints women face relating to time
for women traders to leave their kids behind poverty and gender roles. The need to travel
while crossing borders and reduce the far away from the home to the capital to
threat of child trafficking. Nonetheless, acquire permits is costly for women and
traditional concerns of leaving children drives them away from more profitable
among strangers remain and is a sensitive segments of value chains. As such, there is
issue—both socially and economically among a need to decentralise the issuance of such
African communities. As such, child-care permits.
is a complex undertaking and may require
more than just providing a physical space Establish a system of reporting on the
like other kinds of infrastructure. Hence the implementation of the trade agreement.
design of daycare centres should address Starting with the ratification of the
such cultural and health aspects of child- agreement, State Parties should establish
care. a policy and a system of reporting on the
implementation of the trade agreement.
Ensure a gender balance for border The policy should spell out the frequency
personnel. of reporting as well as any outstanding
One of the reasons sexual harassment challenges.
d. Donors step in to support national Governments by

continuously monitoring potential incidents
Finance the development e-based platform of trafficking and alerting the necessary
for monitoring the AfCFTA authorities. NGOs could also offer shelters
Donors can support the development of for children rescued from trafficking.
technology-based platforms to monitor
the implementation of AfCFTA. Such f. Girls
e-platforms can provide the AfCFTA and
RECs easy and broad access to the status Use established companies when seeking
of implementation of the agreement and external employment opportunities. Given
offer solutions to address challenges in the persistent challenge of unemployment
implementing the agreement. Such a in many African countries, girls and young
platform would enable State Parties to women will continue to pursue employment
post their needs, search for solutions, opportunities across borders. Fortunately,
and collaborate or eliminating NTBs, for in the past ten years, several labour firms
example. Such solutions are critical for have been established to support this labour
South-South cooperation as State Parties externalization drive. Girls and young women
often lack integrated and effective systems should ensure that they use the services of
to capture, codify, and access knowledge established firms when migrating and that
and an open platform to engage with other their movements are officially registered.
countries. Furthermore, donors can also
support the conduct of regular nation-wide Report incidents of child trafficking and
reviews of how State Parties are faring in CSEC.
implementing the agreement. These can be Girls and young women should be
modelled along the lines of the Voluntary encouraged to report incidents of trafficking
National Review (VNRs) that monitor the and exploitation anonymously. Several
implementation of SDGs. countries operate toll-free national child
helplines predominantly used to report
Support the establishment of infrastructure incidents of child abuse. Girls and young
suitable for women. women should be made aware of the
Given that most State Parties operate availability of this service which can also
multiple border crossings, development be used when one is trafficked or finds
partners can support national Governments herself as a victim of CSEC. These services
in establishing infrastructure appropriate can be popularised by prominently placing
for women e.g. health posts, crèche, and posters at border crossings with necessary
wash rooms. A significant expansion of such telephone numbers.
infrastructure would address young women’s
human rights and also the threat of child
border crossing without proper identification.
e. CSOs
Monitor and address child trafficking at

border crossings.
The expanded trade area under the AfCFTA
will increase the risk of child trafficking due
to little monitoring presently. NGOs can
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The African Continental Free Trade Area Agreement 1

THE AFRICAN CONTINENTAL

Girls Advocacy Alliance (GAA)

RECOMMENDATIONS FOR ACTION

Box 1: RECs and the free movement of persons

The 1990 ECOWAS Protocol on the Free Movement of People and

The objectives of the study are to:

LIMITATIONS OF THE STUDY

Figure 1 Illustration of analytical framework

Source: Adapted from Scram et al., (2018)

A comprehensive literature review Secondary data analysis

WHAT STANDS OUT IN THE AFCFTA AGREEMENT?

WEAKNESSES OF THE AGREEMENT

4. THE AFCFTA AGREEMENT AND

Source: author’s compilation derived from the MICS

Source: Author’s calculations from the DHS surveys

Source: Author’s calculations from the DHS surveys

Beyond RECs, continental institutions There are some noteworthy practices at

LIKELY IMPACT OF THE AFCFTA ON CHILD MARRIAGES IN THE

19 UN Women and AU 2018 Ibid

CHILD TRAFFICKING AND CSEC

Figure 5: Statistics of Children on the Move in Africa during 2015-2017

Source: ACERWC (2018) Mapping Children on the Move within Africa

Furthermore, nearly equal numbers of Drivers of child trafficking in Africa

Box 2: Parental involvement in child trafficking in Ghana

In Ghana, several communities within the country serve as both sources

Source: Yadoglah (2018).27

Lack of awareness: In addition now aware of their children’s vulnerability to

Weak border controls

The introduction of Standard Operating Procedures in 2016 by Defence for Children

Source: Evaluation (2018)

30 Immigration, Source 40, note 2, Jendema (30/11/18)

The potential impacts of AfCFTA on

5. WOMEN INFORMAL CROSS BORDER

Box 5: Informal trade as a human right

Beyond employment and income generation, participation in Africa’s informal

36 World Bank (2014) Youth Employment in Sub –Saharan Africa.

CHALLENGES WOMEN FACE IN CROSS BORDER TRADE

providing information on border procedures, procedures, charge a commission for their

Source: Interview with Director Gender-TMEA, August 2020

POTENTIAL IMPACTS OF AFCFTA ON WOMEN INFORMAL

Box 7: Zimbabwe female cross border trader shares her experience

Source: Interview with female cross border trader, August 2020

COVID-19 PANDEMIC AND WOMEN INFORMAL CROSS

Figure 6: Top 15 destinations for Ethiopian migrants and share of women

Source: UNDESA (2020)

Box 8: Ethiopia’s trafficking profile

Source: US Department of State (2020) 2020 Trafficking in Persons Report: Ethiopia

6.2 EGYPT CASE STUDY

Figure 7: Key Egyptian labour market indicators by gender

Source: Barsoum et al. (2014)49

Several reasons explain the female family-friendly employment options relating

Box 9: Women in Egypt are trapped in informality

Source: Africa Development Bank (2016), page 23 50

Source: UNDESA (2020)

6.3 SIERRA LEONE CASE STUDY

Figure 9: Sierra Leone: Women with secondary or higher education (%)

Source: ICF, 2015. The DHS Program STATcompiler http://www.statcompiler.com

Addressing Child Trafficking in the