INF/TGE/COM/4  
 
19 September 2022  
(22-6864) Page: 1/35 
Informal Working Group on Trade and Gender  Original: English  
 
  
INFORMAL WORKING GROUP ON TRADE AND GENDER  
TRADE AND GENDER -RELATED PROVISIONS IN REGIONAL TRADE AGREEMENTS  
The following document has been prepared by the WTO Secretariat to shed light on trade and 
gender -related provisions in Regional Trade Agreements (RTAs). The document has been prepared 
under the Secretariat's responsibility and is without prejudice to the positions of Members or to their 
rights and obligations under the WTO. The RTAs analy sed in this document are those included on 
the WTO Database on Gender Provisions in RTAs, and include RTAs that are not yet in force, as well 
as RTAs in force but not noti fied to the WTO.  
 
_______________  
 
 
WTO DATABASE ON GENDER PROVISIONS IN REGIONAL TRADE AGREEMENTS  
This document presents the outcome of the database, analyses in detail the  gender provisions 
contained in regional trade agreements (RTAs) and highlights tre nds and disparities arising from 
these provisions on a global and regional scale.  
 
Objectives of the Database  
 
Commitments for gender equality in trade agreements are essential to implementing sustainable 
development objectives and ensuring that women and men can equally benefit from trade 
opportunities.  
 
The Database on gender provisions in RTAs was built as a one -stop source for WTO Members, 
stakeholders engaged in trade and women entrepreneurs to access information on the existing 
gender provis ions included in RTAs. The Database also intends to facilitate research on RTAs and 
gender equality and inform WTO stakeholders on the integration of gender issues in RTAs concluded 
worldwide.  
 
Utility of the Database for WTO Members  
 
The Database allows for a quantitative analysis of gender provisions in RTAs and a qualitative 
analysis of the commitments for gender equality made in these agreements. This tool can be used 
to evaluate how gender issues are integrated in RTAs, and how state parties intend to  support gender 
equality and women 's economic empowerment and through which mechanisms.  
 
The Database is one of the 12 gender -responsive policy tools developed or currently being created 
by the WTO Trade and Gender Unit and made available to WTO Members wi th the objective of 
supporting their efforts in promoting gender equality in trade.  
 
Information provided in the Database  
 
The database maps the gender provisions included in RTAs .1 It includes the RTAs notified to the 
WTO and available on the RTA database  and those that have not been notified yet with the view to 
 
1 RTAs include free trade areas, customs unions and economic integration agreements on services that 
regulate trade rules for all signatories (bilateral and plurilateral agreements).  INF/TGE/COM/4  
 
- 2 - 
 
  provide the most comprehensive information .2 It also  includes the gender provisions included in 
signed and consolidated RTAs that are not yet in force .3 
 
The database comprises the provisions that take into account gender issues and include an explicit 
mention of gender, sex, women, girls, or related termi nology, including the international instruments  
promoting women 's rights, such as the Convention on the Elimination of All Forms of Discrimination 
Against Women (CEDAW), the Beijing Declaration and Platform for Action for the Rights of Women 
and Girls (the reafter the Beijing Platform), the Buenos Aires Declaration on Trade and Women 's 
Economic Empowerment or the UN Sustainable Development Goal 5 on gender equality (SDG 5).  
 
Gender provisions in the database can be filtered by : (i) the type of gender issues addressed ; (ii) the 
implementation instruments provided ; (iii) state parties and regions, and (iv) the topic of the chapter 
in which they are included . 
 
The date of signature and entry into force of each RTA is indicated. A note is made if the gender 
provisions have been included as part of a revision of the RTA or if the RTA is not yet in force. 
A specific reference is also provided in case the RTA has not yet been notified to the WTO.  
 
In addition, information about the monitoring institution responsible for the implementation of 
gender provisions is provided for each provision. An indication is also made for all provisions explicitly 
excluded from the application of the dispute settlement mechanism and information is provided if 
the gender provisions are tied to a specific procedure for dispute resolution.  
 
Where relevant, additional information is provided, including whether other provisions of the RTA 
are related to the gender provisions.  
 
EXECUTIVE SUMMARY  
Gender issues have been increasingly integrated into RTAs over the past 25 years. Across the globe, 
WTO Members have made different commitments to promote gender equality and support women 's 
empowerment in RTAs.  
 
Gender provisions in numbers  
 
The first gender provision dates back to 1957 and was included in the Treaty o f Rome. In 1983 , the 
second  provision was negotiated in the Treaty for the Establishment of the Economic Community of 
Central African States ( ECCAS Treaty ). Ten years after, the first chapter on trade and gender issues 
was included in the Common Market for Eastern and Southern Afric a (COMESA ).  
 
As of September 2022, out of 35 3 in force RTAs notified to the WTO, 10 1 include at least one explicit 
reference to gender issues. In addition, four RTAs in force that have not yet been notified include a 
gender provision . Five RTAs concluded but not yet in force include such provisions.  
 
These RTAs contain a total of 331 gender provisions, including 47 not yet in force, and include 
14 chapters or sections fully dedicated to trade and gender issues.  
 
One hundred and fifty -three countries have  concluded at least one RTA with a gender provision, 
which 147 are WTO Members and three are observers.  
 
Substantive analysis of gender provisions  
 
Gender provisions are vastly heterogenous: they address a wide range of gender issues and provide 
for diff erent mechanisms of implementation and enforcement.  
 
i) Gender issues in RTAs  
 
First, gender inequalities and discrimination against women are the most addressed issues in RTAs 
(214 gender provisions). Among others, these provisions promote gender equity and equal or 
 
2 Four agreements in force contained in the database have not been notified to the WTO.  
3 Five agreements contained in the database have not entered into force yet.  INF/TGE/COM/4  
 
- 3 - 
 
  equitable access for men and women to opportunities generated by th e RTA. In addition, five RTAs 
provide for gender equality as one of the core objectives of the agreements.  
 
Second, RTAs address the participation of women in economic activities (197 gender provisions). In 
particular, issues related to the participation and treatment of women in the workplace are vastly 
addressed (120 gender provisions), while fewer provisions target issues face d by women 
entrepreneurs (65 gender provisions). A few provisions (32) also promote women 's access to 
productive resources, such as credit and financial services, land, and technology with the view to 
increase their participation in trade.  
 
Third, several provisions focused on social issues integrate gender considerations and promote the 
participation of women in social life (109 gender provisions), mostly with regard to women 's access 
to education (52 gender provisions). A few gender provisi ons also address issues related to 
gender -based violence (11 gender provisions), family -related issues (36 gender provisions) or 
women 's access to health services (10 gender provisions).  
 
In contrast, issues related to women 's leadership, decision -making roles, political participation and 
cultural rights are the least addressed in RTAs (between 10 to 20 gender provisions).  
 
ii) Implementation instruments and enforceability of gender provisions  
 
The vast majority of gender provisions are non -binding in nat ure. This can be explained by 
three  main factors.  
 
First, gender provisions are mostly formulated with permissive language and encourage best 
endeavour. Only a few provisions are couched in  binding language and specific obligations to support 
women 's econ omic empowerment and close gender gaps.  
 
Second, gender provisions provide mostly for implementation instruments that do not involve a 
specific outcome. Rather, gender issues are to be addressed through cooperation among signatories 
(205 gender provisions ), and RTAs often provide a list of cooperative activities that can include  
among other : (i) experience and information sharing (61 gender provisions) ; (ii)  gender -
disaggregated data collection and research on trade and gender nexus (37 gender provisions) ; (iii) 
capacity -building programmes for women or officials (61 gender provisions) ; and (iv) adoption of 
gender -responsive policies (63  gender provisions). Several g ender provisions also provide for the 
implementation of international women 's rights instruments (66 gender provisions) or legislative 
reform to eliminate discriminatory treatment of women before the law (42 gender provisions).  
 
In contrast, very few gender provisions provide for resource mobili zation to support efforts to 
increase women 's participation in trade (5 gender provisions) or conduct gender impact assessment 
(14 gender provisions).  
 
Third, enforcement mechanisms for gender provisions are flawed. Although most gender provisions 
are under the supervision of a monitoring institution  (252 gender provisions), a few are supervi zed 
by a speciali zed institution on trade and gender issues (36 gender provisions). In addition, 
monitoring institutions are deprived of the function to make recommendation or ensure the full 
implementation of the  provisions. Except for a few RTAs, signatories do not have the obligation to 
report on their progress to implement gender commitments.  
 
Furthermore, gender provisions are often explicitly excluded from the application of the dispute 
settlement mechanism provided in RTAs (86 gender provisions), mostly in recently concluded RTAs.  
 
Gender provisions under a regional perspective  
 
Gender provisions differ across the regions with regards to the type of gender issues they addressed.  
 
In Europe and North America , RTAs with gender provisions mostly address the participation of 
women in the workplace and provide for equal treatment and opportunities and decent working 
conditions. In North -South RTAs concluded by the EU, women 's access to education and 
family -relate d issues are also addressed, while those concluded by Canada and the United States 
mostly focus on gender equality in employment.  
 INF/TGE/COM/4  
 
- 4 - 
 
  Gender provisions in intra -African RTAs mostly focus on women entrepreneurs and gender equality 
in all spheres of life. They  also promote the role of women in decision -making and development.  
 
Recent RTAs concluded by South American countries address various gender issues related to the 
participation of women in economic activities, in which they integrate social issues. For e xample, 
they provide for the elimination of gender -based violence in the workplace and women 's access to 
education and leadership in male -dominated fields.  
 
Furthermore, agreements establishing some of the larger free -trade zones include gender provisions, 
such as : the African Continental Free Trade Area ( AfCFTA ), the Comprehensive and Progressive 
Agreement for Trans -Pacific Partnership ( CPTPP ), the Pacific Agreement on Closer Economic 
Relations Plus ( PACER Plus ), the United States-Mexico -Canada Agreement (USMCA ), the Caribbean 
Community ( CARICOM ), and the Post-Brexit Trade Agreement between the E uropean Union and the 
United Kingdom .  
 
INTRODUCTION  
As of September  2022, WTO Members have notified 35 3 RTAs in force. They establish free -trade 
areas or customs unions and regulate trade between signatories with the main objective to boost 
trade by reducing tariffs and non -tariff barriers and increase economic growth.  
 
Alongside provisions on trade in goo ds and services, most trade agreements include other 
considerations to increase market access and address specific priorities in their trade relations, 
including on sustainability and inclusivity. Most of these provisions target labour and social issues, 
such as access to education, food security and poverty reduction. Also, certain groups of people can 
be explicitly targeted in these cooperation efforts, such as women, youth, disabled and indigenous 
people.  
 
RTAs provide a venue to empower women in the di fferent economic and parallel roles they play in 
society, including as business owners, producers, paid workers, care providers, small -scale traders, 
informal traders, and consumers. For instance, RTAs enable businesses owned and/or led by women 
to integra te international markets at lower costs. All these rules negotiated by governments can also 
impact employment opportunities for women, as well as working conditions, and can affect the living 
standards of women in general. However, the various forms of exi sting gender inequalities prevent 
women from benefiting as equally as men from the opportunities created by RTAs.  
 
These imbalances are taken into account , to various extent , in 109 RTAs and 331 provisions. In  these 
RTAs, state parties acknowledge specifi c gender issues and, in most cases, promote gender equality 
and agree to take action to support women 's empowerment.  
 
RTAs provide an opportunity for WTO Members and observers to address gender issues that are 
specific to women in their region. Although m ost forms of discrimination and difficulties are shared 
by women worldwide , to a certain extent , RTAs provide some flexibility for state parties to tackle 
gender issues that are predominant in their economy.  
 
In this context, gender provisions are heterog eneous and diverse in three main aspects:  
 
a. they address a wide range of gender issues with different levels of precision; some focus 
solely on gender issues and are devoted to address women 's needs, while the vast majority 
address broader issues and inclu de a reference to gender as part of a list of various 
considerations ; 
b. they provide for different implementation instruments (e.g.  cooperation efforts, adoption 
of domestic policies or law reform) and are formulated in wording implying different 
degrees of compulsion ; 
c. they are considered by different enforcement mechanisms (i.e.  monitoring and dispute 
settlement mechanisms) – if any.  
These differences justify a qualitative rather than quantitative approach when examining how RTAs 
integrate gender issues. Th e number of gender provisions and the number of RTAs that contain such INF/TGE/COM/4  
 
- 5 - 
 
  provisions is not determinant in evaluating the extent of state parties ' commitments made to reduce 
gender gaps and support women 's participation in all spheres of life, including in trade.  
 
This outcome document focuses on the substance of the different gender provisions and highlights 
trends and disparities arising from these provisions based on the WTO Database on Gender 
Provisio ns in RTAs .4  
 
A. GENDER PROVISIONS ON A GLOBAL SCALE  
The inclusion of gender provisions in RTAs is a longstanding practice spread across the world . 
A qualitative analysis of these provisions demonstrates that different types of gender issues are 
addresse d in RTAs and that these agreements provide for a set of different implementation 
instruments. A holistic analysis of these RTAs also indicates the applicable mechanism to ensure the 
full implementation of gender provisions.  
 
1  GENDER PROVISIONS OVER TIME AND ACROSS THE GLOBE  
The first gender provision was concluded in 1957 with Article 119 of the Treaty of Rome on the 
gender pay gap. About 25 years after , the second gender provision was included in the ECCAS  Treaty  
concluded in 1983. 11 Central Africa n signatories agreed in this agreement to develop collective 
research to improve women's cultural and socio -economic situations in rural and urban areas and 
increase their participation in development activities. Ten years later, parties of the Treaty 
Establishing the COMESA concluded the first chapter devoted to women in development and business 
providing for several commitments for supporting women's empowerment and gender equality.  
 
During the same period, the practice started to emerge in other regions  alongside the proliferation 
of RTAs concluded worldwide.  
 
In 1995, the first gender provision concluded by a Middle East country was integrated in the 
EU-Israel Association Agreement and addresses equal treatment between men and women. Then in 
1997, four South American countries amended the Andean Subregional Integration Agreement and 
included a provision stipulating for programmes dedicated to increase women 's participation in 
economic activities. Over the course of the same year, the first RTA with a gen der provision was 
concluded in North America between Mexico and the E uropean Union.  
 
In 2001, Caribbean countries revised the Treaty of Chaguaramas and mandated an institution of the 
Caribbean Community to establish programmes and policies to increase wom en's participation in 
social, cultural, political and economic activities, making it the first RTA with a gender provision in 
the Caribbean region.  
 
A few years later, the first two provisions in Asia were included by China in its RTA with Peru in 
2009.  
 
Years after, in 2017, countries from the Pacific region concluded the PACER PLUS and included for 
the first time a reference to women 's economic participation in a side agreement.  
 
 
4 Laperle -Forget, L., WTO Database on Gender Provisions in RTAs, World Trade Organization,  
https://www.wto.org/english/tratop_e/womenandtrade_e/gender_responsive_trade_agreement_db_e.htm  
(last update: 23 September  2022).  INF/TGE/COM/4  
 
- 6 - 
 
  Chart 1: Evolution of RTAs with gender provisions over time  
 
Source:  Author 's analysis based on the last update of the database in September  2022 
 
In the past five years, the number of in force provisions significantly increased with the 
recrudescence of gender chapters in bilateral free trade agreements (FTAs). In  addition, the peak 
observed since 2020 is mostly attributable to the entry into force of the RTAs negotiated by the 
United Kingdom after the Brexit  which mainly replicate the text of the European Union's Agreements .  
 
As of September  2022, 104 RTAs  in for ce provide for gender equality or women empowerment and 
five RTAs are expected to enter into force soon .5 In total, 331 gender provisions were negotiated, 
including 47 that are not yet in force, and 14 chapters6 are dedicated to trade and gender issues.  
 
To date, 153 countries, including 147 WTO Members and nine observer governments, have 
concluded at least one RTA with a provision explicitly addressing gender issues.  
 
 
5 As of Septe mber 2022 the following RTAs did not enter into force yet: Economic Partnership 
Agreement between The East African Community Partner States, of the one part, and the European Union and 
its member States of the other part (two gender provisions); FTA  betwee n the United Kingdom of Great Britain  
and Northern Ireland and Australia (13 gender provisions); FTA between the United Kingdom of Great Britain  
and Northern Ireland and New Zealand (16 gender provisions); Pacific Alliance - Singapore FTA (four gender 
provisions); Chile - Paraguay FTA (12 gender provisions).  
6 This includes Section 13.3 on Women's economic empowerment in Chapter 13 of the FTA between 
Iceland, Liechtenstein, Norway and the U nited Kingdom . 
INF/TGE/COM/4  
 
- 7 - 
 
  Chart  2. Countries part of RTAs with gender provisions  
 
Source:  Author 's analysis based on the last update of the database in September  2022.  
 
Although the number of gender provisions included in RTAs may indicate that state parties have 
considered gender issues in the negotiation process, it does not indicate the extent of the 
commitments undertaken in the RTAs to narrow gender gaps in trade and support women 's 
empowerment. In fact, some countries have concluded only a few RTAs with gender provisions but 
have committed more strongly to addressing gender inequalities in compa rison with countries that 
have concluded a large number of RTAs with one or two mere mentions of gender issues.  
 
2  GENDER ISSUES ADDRESSED IN RTAS  
RTAs can address various gender issues, ranging from the participation of women in economic 
activities, includ ing in the labour market and in business, to social issues, political and cultural rights. 
The most recurrent issues addressed in RTAs regard gender -based discrimination and equality 
(76%  of RTAs with gender provisions). The second category of gender issue s addressed in RTAs 
regards the participation of women in economic activities (84%), mostly relating to women 's working 
condition s and access to employment opportunities (57%). Gender -related social issues are also 
addressed in more than half of the RTAs w ith gender provisions (60%), most often with regard to 
women 's access to education ( Table 1).  
 
RTAs also target women in specific roles, although the majority of gender provisions support women 
broadly. The most common examples are provisions that explici tly address issues faced by women 
in the workplace (120 provisions) or women entrepreneurs (65 provisions).  
 
Some provisions also focus on issues faced by women in specific sectors, such as agriculture, 
fisheries or services. It is also worth mentioning t hat female investors are also targeted in two RTAs7. 
In addition, although scarce, a few provisions target indigenous women8, and women in rural9 or 
conflict zones .10  
 
7 Article 8.10 of the EU-Canada Comprehensive Econom ic and Trade Agreement ( CETA) incorporated in 
the Agreement on trade continuity between the U nited Kingdom  and Canada. Similar provisions are found in a 
few international investment agreements.  
8 e.g. Chapter 25 of the UK -New Zealand FTA.  
9 e.g. Article 77 of the Revised Treaty of ECCAS.  
10 Article 32 of the Association Agreement between  European Union and Central America.  
INF/TGE/COM/4  
 
- 8 - 
 
  Table 1: Summary table of the categories of gender issues address ed in RTAs  
Gender issues  Number of provisions  Number of RTAs  
Gender inequality issues  214 83 
Women 's participation in economic and 
development activities  197 92 
Women 's participation in the workforce  120 62 
Women 's participation in business  65 31 
Women 's access to productive resources  32 21 
Social issues and the role of women in social 
life  109 65 
Women 's access to education  52 41 
Women 's safety  29 20 
Family -related issues  36 29 
Social inclusion and vulnerability  13 13 
Women 's access to health and food security  10 8 
Representation of women in decision -making 
roles  20 19 
Representation of women in politics  10 10 
Role of women in cultural life and protection 
of cultural rights  10 9 
Source:  Author 's analysis based on the last update of the database in September  2022. Numbers attached to 
the categories do not represent a total of the sub -categories. Some provisions only broadly address 
gender -related social issues or women 's economic participation wi thout precising which areas.  
 
2.1  Gender inequality issues  
To date,  83 RTAs explicitly provide for gender equality or non -discrimination, for a total of 214 
provisions. These issues are addressed with different levels of precision from one RTA to another.  
 
Some RTAs provide for gender equality in broad terms. For example , Article 3 of the AfCFTA provides 
for the promotion and attainment of gender equality as part of the general objectives of the 
agreement. Interestingly, only five RTAs , intra-African agreements and EU treaties , include gender 
equality as one of the core o bjectives or principles of the agreement.   
 
In contrast, most RTAs tackle certain forms of discrimination against women. For instance, RTAs can 
address discrimination against women in employment, occupation, and wage (e.g. Article 44 of the 
Association Agr eement between  European Union and Chile); equal access to productive resources 
(e.g. Article 155 of COMESA); and equal opportunities, treatment and rights between men and 
women, among others. For example, Article 47 of the Association Agreement between the 
European  Union and Central America provides for equal participation and opportunities for men and 
women in political, economic, social and cultural life and provides for equal access to education, 
health, employment opportunities and political decision -making. 
 
2.2  Women 's participation in economic and development activities  
To date, 92  RTAs recognize  or promote the role of women in economic and development activities 
(197 provisions). Such provisions may refer to equal or equitable economic participation of men and 
women or broadly promote the enhancement of the economic condition of women (e.g.  the 
preambles of Canada -Israel FTA and the Agreement between the United States, Mexico, and Canada 
(USMCA)).  
 INF/TGE/COM/4  
 
- 9 - 
 
  Other provisions promote women 's participation in specific economic activities, including in the 
workforce and business.   
 
2.2.1   Women 's participation in the workforce  
Sixty-two RTAs address issues related to the participation of women in the workforce in 
120 provisions. Most of these provision s refer to the equal treatment and opportunities of men and 
women in employment and occupation. However, only 17 provisions aim to tackle the gender pay 
gap, and 26 mention decent work for women, often in the context of the implementation of the 
ILO Decent  Work Agenda (e.g. Article 399 of the Trade and Cooperation Agreement between 
European Union and U nited Kingdom ). 
 
Some RTAs recently concluded integrate new considerations, including the elimination of 
discrimination in employment on the basis of pregnanc y and caregiving responsibility 
(e.g. Article  23.9 of USMCA) and promote flexible working conditions for reconciling family 
responsibilities, parental leave and childcare, and a working environment free from sexual 
harassment and gender -based violence (e.g . Article 21.8 of UK -Australia FTA). There are also some 
RTAs that explicitly provide for capacity -building and skills enhancement for women in the workplace 
(e.g. Article 13.3 of Canada -Israel FTA).  
 
2.2.2   Women 's participation in business  
Thirty -one RTAs addre ss issues faced by women entrepreneurs in 65 provisions. Several of these 
provisions promote the participation of women in business, and some specifically target sectors, 
such as the participation of women -owned or led businesses in fisheries, industries, or services (e.g. 
Article 89 of the Economic Partnership Agreement (EPA) between the U nited Kingdom  and Kenya). 
Some provisions also promote business opportunities for women in digital trade, public procurement, 
and regional and global value chain (e.g. Ar ticle 15.3 of Brazil -Chile FTA or Article  16.22 of the UK -
Australia FTA).  
 
Provisions can also tackle specific obstacles faced by women entrepreneurs in trade, including 
discriminatory laws and cultural bias against women, and the lack of access to produc tive resources, 
such as technology, credit and land (e.g. Article 155 of COMESA). In addition, a few provisions in 
recent RTAs provide for women 's leadership in the private sector, including in corporate boards 
(e.g. Article N bis-03 of Canada -Chile FTA). Other provisions promote capacity -building for women 
formal and informal traders, as well as digital skills for women entrepreneurs (Article 27 of the 
Protocol on Trade and Service of the AfCFTA or Article 10.14 of the Chile -Ecuador Economic 
Complementarit y Agreement (ECA) No. 75)  
 
2.3  Social issues and the role of women in social life  
Currently, 65  RTAs provide for gender -related social issues in 109 provisions. Some of these 
provisions recognize  the role of women in social life or promote the advancement of the social 
conditions of women in broad terms. Some other gender provisions address social issues in specific 
areas, such as education, safety, health and food security, family, vulnerability,  and social inclusion.  
 
2.3.1   Women 's access to education  
Several RTAs include provisions promoting education, and 41 especially target women in 
52 provisions. Most of these provisions promote women 's access to education, vocational and 
technical training and higher education (e.g. Article 46 of the  EU-Morocco  Euro-Mediterranean 
Association Agreement). A few aims to support women 's access to financial education and 
trade-related knowledge (e.g. Article 42 of the EU -Egypt Euro -Mediterranean Associat ion 
Agreement). Recent RTAs also promote women 's education in male -dominated fields, such as 
mathematics, science, innovation and technology (e.g. Article 15.3 of the Argentina -Chile FTA).  
 
2.3.2   Women 's safety  
Twenty  RTAs address issues related to women 's safe ty in 29 provisions. Several provisions address 
safe working conditions for women, while others provide for women 's safety in all spheres of life.  
 INF/TGE/COM/4  
 
- 10 - 
 
  For example, gender -based violence and domestic abuse are issues that have been addressed in 
RTAs since 199 7, first in the Treaty of Amsterdam (E uropean Union), then in the Agreement on 
Trade, Development and Cooperation between E uropean Union and South Africa concluded in 1999. 
To date, 11 RTAs and 13 provisions address this issue. In addition, sexual harassme nt is addressed 
in two RTAs and three provisions (e.g. Article 21.8 of the UK -Australia FTA), and human trafficking 
and sexual exploitation are addressed in five RTAs and six provisions ( e.g. Article 86 of the 
EU-Algeria Euro -Mediterranean Association Agre ement).  
 
In addition, one provision (i.e. Article 32 of the Association Agreement between E uropean Union and 
Central America) addresses the security of women in conflict zones.  
 
2.3.3   Women 's access to health and food security  
A few provisions address health -related issues in RTAs, and very few target women , a total of 
ten provisions in eight RTAs. In contrast, many RTAs provide for food security, but only two target 
women in this context.  
 
Most gender provisions on health issues regard practices in the workpla ce (e.g. Article 14.3 of the 
Chile-Uruguay ECA). Also, in RTAs with the E uropean Union, Ukraine, Moldova, and Armenia have 
agreed to approximate their legislation to the EU directive on safety and health at work for pregnant 
workers.  
 
In addition, some ot her provisions promote women 's access to health services such as Article 44 of 
the Association Agreement between E uropean Union and Central America that promotes food and 
nutritional security for women, access to quality health services, maternal, sexual a nd reproductive 
health, including unwanted pregnancy.  
 
2.3.4   Social inclusion and vulnerability  
Some RTAs provide for social inclusion of vulnerable groups in the society, but only 13 target women 
in a provision. Some of these provisions aim to support the parti cipation of women in the economy 
as part of marginal groups. For example, Article 35 of the U nited Kingdom -Eastern and Southern 
Africa States EPA provides for increasing the participation of marginal groups in the fisheries sector 
through the promotion of gender equality and capacity -building of women traders in this sector.  
 
Other provisions target the enhancement of economic and social conditions of women in a situation 
of vulnerability (e.g. Article 8.5 of the EFTA States -Indonesia EPA or Article 15.3 of  the 
Chile-Argentina FTA.  
 
2.3.5   Family -related issues  
Twenty -nine RTAs address family -related issues or promote the role of women as a mothers and 
caregiving providers in 36 provisions. Some RTAs concluded by the E uropean Union, and African or 
Middle East countries provide for developing family, mother and child protect ion programmes 
(e.g. Article 82 of the EU -Jordan Euro -Mediterranean Association Agreement), while other RTAs aim 
to protect pregnant women from discrimination or unsafe working condition (Article 21.12 of 
United Kingdom -Australia FTA)  
 
There are also a few  provisions that provide for the reconciliation between household responsibility 
and the professional advancement of women (e.g. Article 130 of the Andean Subregional Integration 
Agreement or Article 15.3 of the Argentina -Chile FTA).  
 
2.4  Representation of women in politics and decision -making roles  
Twenty -six RTAs promote the role of women in politics, decision -making and leadership positions in 
28 provisions.  
 
Twenty  of these RTAs provide for women 's equal access to opportunities in deci sion-making bodies 
in the public and private sectors or for the representation of women ' associations at decision -making 
levels ( e.g. Article 122 of the Treaty for the Establishment of the East African Community (EAC)). 
Some also promote women 's leadership  in business and professional networks ( e.g. Article 21.2 of INF/TGE/COM/4  
 
- 11 - 
 
  the UK -Japan EPA ), as well as in male -dominated fields, including science, innovation, engineering, 
mathematics, and technology ( e.g. Article 13.3 of the Canada -Israel FTA).  
 
In addition, 10 RTAs provide for women 's participation in politics, alongside their participation in 
economic, social and cultural life ( e.g. Article 34 of the Association Agreement between 
European  Union and Chile or Article 5 of EAC).  
 
2.5  Role of women in cultural life and p rotection of cultural rights  
Cultural issues are not widely addressed in RTAs, nor in gender provisions. To date, o nly nine RTAs 
provide for women 's participation in cultural life. These provisions often promote or recognize  the 
role of women in culture i n a mere reference ( e.g. Article 63 of the Revised Treaty of the Economic 
Community of West African States (ECOWAS)). Also, Annex 15 -E of the USMCA includes Mexico 's 
cultural exception to protect indigenous cultural rights consistent with gender equality a nd promote 
women 's participation.  
 
3  CATEGORIES OF IMPLEMENTATION INSTRUMENTS  
Gender provisions provide for different mechanisms and instruments to address gender issues and 
tackle gender inequalities. Most gender provisions include multiple instruments, often combined with 
cooperation mechanisms.  
 
In fact, the majority of gender p rovisions are to be implemented via cooperation efforts and activities 
(62% of gender provisions) , (Figure 3). Several of these provisions indicate a list of potential 
activities to address gender issues without specifying which action must be undertaken o r prioriti zed, 
allowing a wide discretion for state parties to implement these provisions.  
 
In addition, in nearly one -quarter of gender provisions (24%), signatories recognize  gender issues 
or agree to promote gender equality. 20% reaffirm state parties ' commitments to implement 
international instruments related to gender equality.  
 
In term of specific action points, 19% of the provisions indicate that parties have to (or could) 
develop policies and strategies to address gender issues or have to (or could ) ensure women 's access 
to training and capacity -building programmes. Only 13% of the provisions refer to the adoption, 
amendment or annulation of laws and regulations to accelerate gender equalities. In nearly 12% of 
the provisions, parties agreed to incr ease (or make effort to) gender -disaggregated data collection 
and analysis, and 4% of the provisions refer to conducting gender impact assessment. Lastly, only 
five provisions provide for resource mobili zation to support parties ' efforts in the area of gen der 
equality.  
 INF/TGE/COM/4  
 
- 12 - 
 
  Chart  3: Implementation instruments for addressing gender issues  
 
Source:  Author 's analysis based on the last update of the database in September  2022.  
 
The implementation instrument can indicate the extent of the commitment undertaken by state 
parties to resolve gender issues. In addition to indicating the actions to be taken, the wording of the 
implementation instrument indicates the nature of the obliga tion and can suggest the degree of 
compulsion. For example, an implementation instrument formulated with binding language, such as 
"shall" or "must" suggests a higher degree of compulsion, as opposed to "may" or "could".  
 
Only a few gender provisions are formulated with binding language  (e.g. Article 23.9 of USMCA or 
Article 154 of COMESA) , indicating that states parties may prefer to have some flexibility with 
regards to addressing gender issues rather than taking legally binding engagement.  
 
Furthermore , while most gender equality provisions refer to a positive obligation – or provide for 
measures that could be taken  — some refer to a negative obligation whereby parties must refrain 
from specific actions or outcomes. The most recurrent negative obligatio n in gender provisions is 
not to discriminate against women or not to adopt measures or laws that create such discrimination 
(e.g. Article 8.30 of the UK -Japan EPA).   
 
The database outlines trends that allow for the categori zation of the implementation instruments .11  
 
3.1  Cooperation  
To date,  in 205 provisions , state parties agree to cooperate on gender issues, either in broad terms 
or with precision regarding the activities of cooperation and the targeted issues.  
 
Most of these provisions ( 168) identify how the cooperation will take place or potential areas of 
activities guiding the cooperation. For example, Article 9.3 of the Chile -Vietnam FTA provides that 
cooperation between the parties shall include "gender issues". With more precision, Article 9.4 
provides a list of potential cooperation activities, including information sharing, technical assistance, 
conferences, seminars and training programmes.  
 
11 The categories do not provide an exhaustive list of all the implementation instruments in the gender 
provisions but refer t o the most recurrent ones.  0 50 100 150 200 250Resource mobilisationExclusion or exception mechanismImpact assessmentFramework and work planReport on the implementationCreation of an institutionConsultationData collection and analysis, and researchDialogueLaw and regulationProgramme and projectExperience and information sharingPolicy, plan and strategyTraining and capacity-building programmeImplementation of an international instrumentRecognition or promotionCooperation
Number of gender provisionsImplementation instrumentINF/TGE/COM/4  
 
- 13 - 
 
  Also, some provisions, such as Article 47 of the E uropean Union-Central America Associatio n 
Agreement, precisely identifies the objectives of the cooperation while allowing more discretion 
regarding the implementation of the cooperation activities. Article 47 provides, among others, that 
the cooperation shall "promote the integration of the gen der perspective in all the relevant fields of 
cooperation, including public policies, development strategies and actions, as well as indicators to 
measure their impact" and "shall also help to facilitate equal access of men and women to all services 
and re sources, allowing them to fully exercise their fundamental rights, such as in respect of 
education, health, vocational training, employment opportunities, political decision -making, 
governance structures and private undertakings".  
 
3.2  Dialogue  
Forty-four provisions indicate that gender issues should be addressed by way of dialogue between 
the parties, often formulated as part of the political dialogue ( e.g. Article 9.4 of the Chile -Indonesia 
EPA or Article 86 of the EU  Agreement on Trade, Development and Coo peration between E uropean 
Union and South Africa). This is rather a lower commitment than cooperation or information and 
experience sharing, which both include dialogue but are more precise and oriented towards actions. 
Dialogue is often combined with othe r action points.  
 
3.3  Consultation  
Thirty -eight provisions provide for consultation when addressing gender issues. This may include 
consulting groups of women or institutions and bodies with the view to include different stakeholders 
in the discussion and deci sion-making ( e.g. Article 24.3 of the U nited Kingdom -Australia FTA). This 
implementation instrument can help parties to assess the needs and interests of different groups, 
including women in their different roles. Combined with data collection, consultatio n can further 
support parties to develop and implement informed gender -responsive policies.  
 
3.4  Recognition of gender issues and promotion of gender equality  
Currently, i n 79 provisions, state parties recognize  either the existence of a situation of inequalities 
between men and women or promote the role played by women in society or the achievement of 
gender equality.  16 RTAs mention gender -related issues in the preamble, and all indicate that state 
parties eith er recognize  gender issues or promote gender equality and women 's empowerment ( e.g. 
Agreement of the European Economic Area).  
 
Recogni zing and promoting a certain situation or objective is a passive action, that does not require 
specific action. However, most of these provisions combine the recognition of gender issues or 
promotion of gender equality with other implementation instruments. For example, in Article 23.9 
of USMCA, state parties formally recognize  the objective of eliminating discrimination in employment 
and promotes the equality of women in the workplace. Accordingly, state parties have to put in place 
policies that protect women workers from discrimination, including on wages, and provide for 
parental leaves.  
 
3.5  Data collection and analysis, and research  
Thirty -seven  provisions make reference to improving the understanding of women 's participation in 
economic activities. This can include improving and increasing gender -disaggregated data collection 
and analysis ( e.g. Article N bis-03 of Canada -Chile FTA), conducting research ( e.g. Article  18.3 of 
the Brazil -Chile FTA), or developing a framework to assess the constraints faced by women ( e.g. 
Article 63 of ECOWAS).  
 
3.6  Creation of a technical institution  
Seventeen  RTAs provide for the cr eation of a specific institution, such as a committee, commission, 
council or working group, to foster the achievement of their objectives related to gender equality 
and women 's empowerment.  
 
These institutions can be mandated to take action to address ge nder issues. For example, Article 17 
of the Treaty of Chaguaramas provides for the Council for Human and Social Development "to 
establish policies and programmes to promote the development of youth and women in the INF/TGE/COM/4  
 
- 14 - 
 
  community to encourage and enhance their participation in social, cultural, political and economic 
activities". Also, Article 48 of the Convention governing the Economic Union of Central Africa provides 
for the Council of Ministers to delegate to the Commission any implementing powers necessary f or 
the coordination of Member States ' policies on good governance, human rights, social dialogue and 
gender issues.  
 
These institutions can also be charged with the responsibility to support state parties in implementing 
their commitments. For example, Art icle 13.4 of the Canada -Israel FTA establishes the Trade and 
Gender Committee in charge of facilitating the cooperation among the parties in the areas of trade 
and gender issues and reporting on the implementation of the chapter on trade and gender.  
 
In addition, state parties often have the obligation to establish a national focal point to facilitate 
communication among the parties and oversee liaising with the institution ( e.g. Article 13.8 of the 
Chile-Paraguay FTA).  
 
3.7  Exclusion or exception mechanism  
Six gender provisions can be implemented through an exclusion or exception mechanism. This 
indicates that parties (or often one party) can derogate to certain obligations with the view to 
achieving an objective related to gender equality or women 's empower ment. For example, the 
United  States has included an exclusion clause to the chapter on government procurement to allow 
itself to continue adopting or implementing domestic programmes that promote the development of 
businesses owned by women, among others,  in the RTAs with Peru, Chile, Morocco, Colombia, and 
Panama.  
 
In addition, Mexico has included a cultural exception clause in the chapter on cross -border trade in 
services in USMCA to grant concessions for indigenous social use "to promote, develop and p reserve 
languages, culture, knowledge, traditions, identity and their internal rules that, under principles of 
gender equality, enable the integration of indigenous women in the accomplishment of the purposes 
for which the concession is granted".  
 
3.8  Experie nce and information sharing  
Sixty-one gender provisions are to be implemented through experience and information sharing. 
This is an implementation  instrument that goes beyond dialogue, as parties agree to build each 
other 's capacity on trade and gender issues by exchanging on their practices.  
 
This implementation instrument is often provided to guide cooperation activities. For example, 
Article  23.4 of the Comprehensive and Progressive Agreement for Trans -Pacific Partnership (CPTPP) 
provides that " parties shall consider undertaking cooperative activities aimed at enhancing the ability 
of women, including workers and business owners, to fully access and benefit from the opportunities 
created by this Agreement". These activities include information and experience sharing on 
programmes to build women 's capacity and skills and access to market, technology and financing, 
women 's leadership networks as wel l as workplace flexibility.  
 
Experience and information sharing activities on trade and gender issues can take various forms, 
including through experts ' meetings, seminars and workshops, trade missions, or study trips 
(Article  63 of the EU -Israel Associati on Agreement).  
 
3.9  Framework and work plan  
In 14 gender provisions, state parties agree to develop a framework or a working or an action plan 
to address gender issues or organi ze the cooperation in this area. For example, Article 45 of the 
European Union-Chile Association Agreement provides for the creation of a framework to "( i) ensure 
that gender and gender -related issues can be taken into account at every level and in all areas of 
cooperation including macroeconomic policy, strategy and development oper ations; and ( ii) promote 
the adoption of positive measures in favour of women". Also, Article 26.1 of USMCA mandates the 
Competitiveness Committee to develop a work plan with regards to its functions which include 
providing advice and recommendation aimed at enhancing the participation of women -owned 
enterprises among others and to report on its achievement. This work plan has to be published by 
each party.  INF/TGE/COM/4  
 
- 15 - 
 
  3.10  Implementation of international instruments  
Sixty-six provisions address gender issues via the imple mentation of international instruments, most 
often the ILO Conventions ( e.g. Article 375 of the E uropean Union-Moldova Association Agreement).  
 
Seven provisions recall the objectives of the Buenos Aires Declaration on Trade and Women 's 
Economic Empowermen t (e.g. Article 21.2 of the U nited Kingdom -Japan EPA), three the Beijing 
Platform ( e.g. preamble of the Agreement on Trade, Development and Cooperation between 
European  Union and South Africa), nine the CEDAW and eight SDG 5 ( e.g. 25.4 of the 
United Kingdom -New Zealand FTA).   
 
Some RTAs also mention regional instruments on women 's rights, such as the Convention of Belém 
do Pará on the Prevention, Punishment and Eradication of Violence against Women ( e.g. Article 18.2 
of the Chile -Brazil FTA).  
 
3.11  Law and  regulation  
Forty-two provisions require the adoption, amendment or annulation of laws or regulations with the 
view to promote gender equality or support women 's empowerment. For example, Article  154 of 
COMESA provides that "Member States shall through app ropriate legislative and other measures: 
[…] eliminate regulations and customs that are discriminatory against women and specifically 
regulations and customs which prevent women from owning land and other assets".  
 
Some provisions also mandate state partie s to promote public awareness of the national policies on 
gender equality by making them publicly available ( e.g. Article 15.1 of the Argentina -Chile FTA). In 
addition, four RTAs reaffirm the right to regulate on matters related to gender equality. For exa mple, 
Article 13.4 of the Chile -Paraguay FTA provides that parties reserve the right to establish, amend 
and enforce their laws, regulations and policies on gender equality.  
 
3.12  Impact assessment  
In 14 provisions, state parties agree to conduct gender impact assessment or to cooperate in this 
view. These provisions provide for the measurement of the impacts of the agreement or policies on 
women. For example, Article 5 of the EU -CARIFORUM EPA provides for monitoring the 
implementation of the agreement to ensure  that the benefits for women are maximised . Replicated 
in the Continuity Agreement between the UK and the CARIFORUM States, this is the only RTA that 
provide s for monitoring the impact of the agreement on women with binding language.  
 
Other RTAs provide f or gender impact assessment as part of the cooperation activities. For example, 
Article 47 of the EU -Central America Association Agreement provides that the cooperation "shall 
promote the integration of the gender perspective in all the relevant fields of cooperation, including 
public policies, development strategies and actions as well as indicators to measure their impact".  
 
3.13  Policy, plan and strategy  
Sixty-three  gender provisions provide for developing policies or adopting plans or strategies to 
address gender issues or to cooperate in this view. The implementation can be either at the domestic 
or at the regional level.  
 
For example, Article 10 of the Treaty on the Functioning of the European Union (TFEU) provides for 
policies and activities defined and implemented by the E uropean Union shall aim to combat 
discrimination based on sex, among other grounds. Also, Article 2 of the Convention Governing the 
Economic Union of Central Africa includes in the objective that the Economic Union implement joint 
action and adopt common policies on gender issues. In addition, Article 13 of the Economic 
Agreement between the Gulf Cooperation Council (GCC) States provides for the implementation of 
the "General Framework of Population Strategy of the GCC States " and the adoption of policies 
necessary for enhancing the role of women in development, as well as the achievement of balance 
in the demographic structure and labour force to ensure social harmony in Member States.  
Some also provide for mainstreaming gende r into policies, plan or strategies ( e.g. Article 18.3 of the 
Chile-Brazil FTA). In addition, a few provisions mandate state parties to promote public awareness INF/TGE/COM/4  
 
- 16 - 
 
  of the national policies on gender equality by making them publicly available ( e.g. Article 14. 1 of 
Chile-Uruguay FTA).  
 
3.14  Programme and project  
Fifty-six gender provisions mention the adoption and implementation of programmes or projects 
dedicated to supporting women 's empowerment.  
 
For example, Article 71 of the EU -Tunisia Association Agreement provides for projects and 
programmes to be carried out with priority for "promoting the role of women in the economic and 
social development process through education and the media in step with Tunisian policy on the 
matter" and "bolstering and developing Tunisia 's family planning and mother and child protection 
programmes". Also, Article N -bis 03 of the Canada -Chile FTA includes in the area of cooperation the 
development of programmes "to promote women 's full participation and advancement in society by 
encouraging capacity -building and skills enhancement of women a t work, in business, and at senior 
levels in all sectors of society (including on corporate boards)".  
 
3.15  Resource mobili zation  
Five RTAs provide for resource mobilisation to supporting women 's empowerment. Only the 
European  Union -Cameroon Interim EPA provide s for the creation of a fund which objectives include 
to promoting female entrepreneurship. The four other RTAs provide more broadly for resource 
mobili zation with the view to enhance efforts on gender equality or support state parties in 
implementing thei r commitments on gender issues. For example, Article 27 of the AfCFTA Protocol 
on Trade and Services provides for mobili zing resources and implement measures to improve the 
export of capacity of women, among other things.  
 
Interestingly, Article 35 of the  United Kingdom -Eastern and Southern Africa States EPA provides for 
cooperation to mobili ze resources, in particular through Aid for Trade. The activities where the 
resources can be allocated include gender mainstreaming in access to productive sectors, "s upport 
programmes that help women improve access to all resources in particular those for trade and 
development" as well as the promotion of female entrepreneurship to facilitate participation in 
regional and global markets.  
 
3.16  Training and capacity -building  programme  
Sixty-one provisions mention training programmes for women or capacity -building of state parties 
on trade and gender issues.  
 
For example, Article 22.4 of the Peru -Australia FTA provides for "undertaking cooperative activities 
aimed at enhancing  the ability of women, including workers and business owners, to fully access 
and benefit from the opportunities created by this Agreement. These activities may include providing 
advice or training, such as through the exchange of officials, and exchanging  information and 
experience on:  
1. programmes aimed at helping women build their skills and capacity, and enhancing their 
access to markets, science and technology, and financing;  
2. developing women 's leadership networks; and  
3. identifying best practi ces related to workplace flexibility".  
 
3.17  Report on the implementation  
Sixteen  provisions mandate state parties or an institution to report on the implementation of the 
gender provisions.  
 
For example, Article 155 of COMESA provides that state parties shal l submit the implementation 
activities under the chapter on Women in Development and Business to a technical committee. Also, 
Article 13.6 of the Chile -Paraguay FTA provides for the Committee on trade and gender to report on 
the implementation of the chapt er on Trade and Gender to the Bilateral Administrative Commission. INF/TGE/COM/4  
 
- 17 - 
 
  Article 18.6 of the Chile -Ecuador ECA No. 75 provides for state parties to report publicly on activities 
carried out under the chapter on Trade and Gender.  
4  ENFORCEMENT MECHANISMS FOR GENDE R PROVISIONS  
The enforcement mechanisms provided in RTAs are a priori  applicable to gender provisions.  
First, the majority of  gender provisions are not explicitly excluded from the application of the dispute 
settlement mechanism provided in RTAs. Second, a monitoring institution is provided for most 
gender provisions. However, these provisions are formulated with language that i mplies a low degree 
of compulsion, which narrows the possibility to apply them to the enforcement mechanisms.  
 
4.1  Monitoring and evaluation mechanisms for gender provisions  
A monitoring and evaluation mechanism can foster the accountability of the parties wi th regard to 
the full implementation of their commitments on gender equality. About three -quarters of the gender 
provisions in RTAs (252) are under the supervision of an institution charged with the monitoring and 
evaluation of their implementation .12  
 
The monitoring institution responsible for the gender provisions varies across RTAs (Table 2). Most 
gender provisions are under the supervision of the institution in charge of the whole agreement 
(e.g. the Commission of the Convention Governing the Economi c Union of Central Africa is 
responsible for Article 47) or the cooperation ( e.g. the Committee on cooperation of Chile -Indonesia 
EPA is responsible for Article 9.4).  
 
Eight RTAs recently concluded establish a speciali zed institution, either a committee or  working 
group on trade and gender ( e.g. Chapter 13 of the Chile -Paraguay FTA and Chapter 21 of the 
United Kingdom -Japan EPA) in charge of reviewing the implementation of the chapter focusing on 
gender issues. Monitoring activities on trade and gender issu es usually occur between three and 
five years after the entry into force of the RTAs. Thereafter, the speciali zed institutions report on the 
progress to the institution in charge of the whole RTA.  
 
These speciali zed institutions are mandated to facilitati ng the communication between the parties, 
in addition to ensuring that the provisions are implemented. They serve as a platform to share 
information and experience, and coordinate cooperation activities between parties. These institutions 
are composed by r epresentatives from each party. In addition, other stakeholders, including the 
private sector and the civil society, can be consulted and invited at meetings.  
 
Depending on the location of the gender provisions, other speciali zed monitoring institutions c an be 
responsible, including on sustainable development ( e.g. the Board on Trade and Sustainable 
Development  is responsible for Article 286 of the Association Agreement between E uropean  Union  
and Central America), labour ( e.g. the Labour sub -Committee is r esponsible for Article 23.8 of 
United  Kingdom  -New Zealand FTA), or SMEs ( e.g. the Committee of SMEs issues is responsible for 
Article 25.2 of USMCA).  
 
In contrast, 79 gender provisions are not under the supervision of any institution.  
 
12 For more information about the institutional arrangements provided in RTAs, see Monteiro, J., The 
evolution of gender -related provisions in Regional Trade Agreements, World Trade Organization, ERSD -2021-8, 
pp. 38 -41.  INF/TGE/COM/4  
 
- 18 - 
 
  Table 2: Summary ta ble of the institutions in charge of reviewing gender provisions  
Institution  Number of gender provisions  
Institution in charge of the whole agreement  94 
Institution in charge of the cooperation  50 
Technical institution on trade and gender issues  36 
Technical institution on development and sustainability  29 
Technical institution on labour  13 
Other technical institution (including on inclusive trade)  7 
Technical institution on trade -related issues   23 
Total of gender provisions with a M&E mechanism  252 
Source:  Author 's analysis based on the last update of the database in September  2022 
 
Despite the fact that  most gender provisions are under the supervision of an institution, the 
monitoring process does not necessarily ensure state parties ' accountability.  
 
First, the institution in charge with the overall supervision of the RTA may not include a gender 
persp ective in its activity and no RTA mandates the institution to do so.  
 
Second, no RTA empowers monitoring institutions to take measures to enforce the provisions or 
ensure their full implementation by the state parties. In addition, the main function of th e institution 
is to coordinate dialogue and cooperation among the parties, rather than to conduct extensive 
monitoring of the implementation of the provisions and their impacts. Therefore, the review does 
not involve a compulsory outcome, or recommendation s to the parties.  
 
Third, in only a few RTAs  do state parties formally commit to report on the implementation of gender 
provisions ( e.g. Canada -Chile FTA and Brazil -Chile FTA), while reporting on implementation is mostly 
couched in permissive language. He nce, the lack of obligation to report on the progress achieved to 
implement gender provisions narrows state parties ' accountability.  
 
Lastly, the vast majority of gender provisions do not involve binding obligation, and several do not 
provide for any acti on point to be undertaken.  
 
The authority of the institution to force the implementation of gender provisions is thus ineffective.  
 
4.2  Dispute settlement mechanisms for gender provisions  
The majority of gender provisions are not explicitly excluded from the  dispute settlement mechanism 
(DSM)  of the relevant RTAs . In fact, this is a trend that can be particularly observed in recently 
concluded RTAs and coincides with the resurgence of chapters on trade and gender issues.  
 
Of the 331 gender provisions included  in RTAs, 86 are explicitly excluded from the DSM  provided in 
the RTAs . Most of these provisions are included in chapters devoted to trade and gender issues. In 
fact, only the COMESA and EAC treaties, and the Canada -Israel FTA do not exclude the chapter on  
women and gender issues from the scope of their DSM. However, in the case of the Canada -Israel 
FTA, although the provisions and their implementation could be challenged through the DSM, the 
consent of both parties is required.  INF/TGE/COM/4  
 
- 19 - 
 
  Table 3: Summary table of t he dispute settlement mechanism for gender provisions  
Application of gender provisions to DSM  Number of gender provisions  
Not excluded  168 
Specific procedures  37 
Explicitly excluded from the DSM  86 
No DSM applicable  40 
Source:  Author 's analysis based on the last update of the database in September  2022. 
 
Twenty -three  RTAs explicitly exclude from the scope of the DSM specific chapters that contain gender 
provisions. Of these, 10 RTAs provide for consultations between the parties to reso lve any conflict 
arising from the chapter excluded from the DSM, such as Article N -bis 05 and 06 of the Canada -
Chile FTA that provides that "The Parties shall make all possible efforts, through dialogue, 
consultations and cooperation, to resolve any matter  that may arise in regard to the interpretation 
and application of this Chapter" and indicates that the dispute resolution is not applicable to any 
matter arising under the chapter on trade and gender.  
 
It is worth noting that some RTAs, such as USMCA or UK-Australia FTA, exclude some gender 
provisions from the DSM  provided in these agreements , but not all of them. For example, the gender 
provisions included in the chapter on labour are not excluded from the DSM, while those included in 
the chapter on comp etitiveness and SMEs are.  
In other scenarios, the recourse to the dispute settlement mechanism  is granted following a specific 
procedure.  37 gender provisions, mostly included in recent RTAs, are bound to such procedure. All 
these provisions address labou r-related issues and are located in the chapter devoted to these 
issues.  
 
There are two kinds of specific procedures provided by the RTAs:  
 
i. parties have first to engage in dialogue and consultation among themselves to resolve the 
conflict. If the outcome  is unsuccessful, they can have recourse to the DSM ;  
 
ii. the RTAs provide for a different DSM to resolve conflict s arising from these provisions. For 
example, the EU -Georgia Association Agreement provides that conflicts arising from 
Chapter  13 on trade and sustainable development will be resolved through government 
consultations, and a panel of experts can be constitu ted to provide recommendations and 
issue a report. Parties must then discuss measures to implement the report and the 
appropriate recommendation, and the follow -up report is monitored by a body instituted by 
the RTA.  
 
As with the monitoring mechanisms, de spite the fact that most gender provisions are not explicitly 
excluded from the DSM  provided in RTAs , the low degree of bindingness of these provisions narrow 
their application to the DSM. Since only a few provisions are formulated with binding language an d 
provide for specific obligations, most provisions are not likely to be adjudicated .13  
 
B. GENDER PROVISIONS UNDER A REGIONAL PERSPECTIVE  
Women around the globe face similar forms of discrimination and obstacles preventing them to 
participate in economic  activities and in trade on an equal footing with men and from benefiting 
equally from the opportunities generated by RTAs. However, the needs and interests of women as 
well as the barriers they face can vary from one region to another, which in turn impac ts policy 
makers in different ways, especially when they address gender imbalances.  
 
These differences are outlined in RTAs, as gender provisions often address different types of gender 
issues and parties have agreed on different implementation instrument s.  
 
 
13 For exa mple, the compliance of a provision that indicates that "parties may consider undertaking 
cooperation activities to increase women's access to education" is not likely to be challenged in a dispute 
resolution, even if this provision is not explicitly exclu ded from the scope of the DSM.  INF/TGE/COM/4  
 
- 20 - 
 
  The following sections therefore provide a regional review of RTAs and highlight specific trends and 
gender provisions.  
 
1  GENDER PROVISIONS IN RTAS CONCLUDED BY EUROPEAN COUNTRIES  
European countries have concluded 66 RTAs with gender provisions, including 37 that have been 
negotiated by the E uropean Union and 30 by the U nited Kingdom , the latter being mostly continuity 
agreements that replicate European Union's agreements.   
Chart  4: RTAs with gender provisions across Europe  
 
Source:  Author 's analysis based on the last update of the database in September  2022.  
 
Gender provisions in the European Union  and the United Kingdom  RTAs are similar to  some extent. 
Most address issues related to education, employment, family and safety. In contrast, none 
specifically targets women entrepreneurs, except for recent RTAs concluded by the U nited Kingdom . 
Also, with a few exceptions, provisions are formulate d with vague and non -binding language and 
include gender issues in a list of various considerations. For instance, most provide for cooperation 
and information and experience sharing, and some provide for developing gender -responsive 
policies, laws and tra ining programmes. In addition, nearly half of the provisions have no identified 
institution in charge of reviewing their implementation.  
 
Despite these similarities, certain trends emerge depending on the region of the trading partners 
with which European countries have negotiated an RTA.  
 
1.1  Gender provisions in intra -European RTAs  
After the Treaty of Rome in 1957, no additional RTAs with gender provisions were concluded in 
Europe until the Agreement on the European Economic Area between the E uropean Union, Iceland, 
Liechtenstein, and Norway signed in 1992 .14 Thereafter, over the revisions of the EU treaties, 
additional gender provisions have been gradually incorporated in the TFEU and the Treaty on the 
European Union (TEU) .15 Together, the consolidated versio ns of the TFEU and TEU contain ten gender 
provisions, in addition to the various directives promoting gender equality within the legal framework 
of the EU.  
 
 
14 The preamble addresses equal opportunities of men and women in employment and two provisions 
provide for gender pay gap and the incorporation of EU directives related to gender equality.  
15 For instance, the Treaty of Amsterdam include s a provision stating that " in all its activities, the Union 
shall aim to eliminate inequalities, and to promote equality, between men and women". Later, the Treaty of 
Lisbon include s a provision about the objective of combatting gender -based discrimination in the formulation 
and implementation of policies and activities of the Union.  
INF/TGE/COM/4  
 
- 21 - 
 
  Eastern Europe countries also concluded their first RTA with gender provisions , all with the 
Europ ean Union , during the 2000s.  
 
RTAs concluded between the E uropean Union, North Macedonia, Albania, Montenegro, Serbia, 
Kosovo, and Bosnia and Herzegovina contain one or two similar gender provisions whereby state 
parties agree to cooperate to facilitate t he reform of the employment policy of the Eastern Europe 
country. This includes the adjustment of legislation concerning working conditions and equal 
opportunities for men and women. In addition, most of these RTAs provide for cooperation with the 
aim of e nsuring that access to education in the Eastern Europe country is free from discrimination 
on the basis of gender .16  
 
More recently, the Trade and Cooperation Agreement between European Union and United Kingdom 
signed in 2020 contain two similar provision s found in other intra -European RTAs on gender equality 
in education, training, and decision -making, and on the implementation of the Decent Work Agenda 
with an explicit mention of gender equality. These two provisions are to be implemented through 
coopera tion and are formulated with non -binding language. Furthermore, Annexes to the Agreement 
regulating on the transports of goods provide for gender equality in the employment and working 
conditions of drivers, and the safety and health of pregnant women or n ursing mothers. These two 
provisions are to be implemented through legislation and are formulated with binding language.  
 
Also, in 2014, Ukraine, Georgia and Moldova – the last two in the Commonwealth of Independant 
States (CIS) region — concluded a RTA with the European Union .17 These three RTAs contain four 
similar provisions on gender equality in general and more specifical ly on the workplace .18 They 
provide for cooperation to either implement ILO Conventions - notably the Decent Work Agenda  - 
or to share information and experience to promote gender equality. These provisions are formulated 
with non -binding language and are limited to a mere reference to gender equality issues.  
 
In addition, Georgia, Ukraine, and Moldova have committed to appr oximate their legislation to the 
EU directives on equal opportunities and treatment for men and women in employment, access to 
and supply of goods and services, social security, and on safety and health at work of pregnant 
workers and workers who have rece ntly given birth or are breastfeeding. They have between three  to 
four years to implement these directives. The U nited Kingdom  has also concluded bilateral RTAs with 
these countries that contain similar provisions, except those on the EU directives.  
 
Of the 62 gender provisions included in intra -European RTAs, 51 are under the responsibility of a 
monitoring institution. Also, seven gender provisions are bound to a specific procedure for resolving 
dispute. In this regard, only gender provisions included in Section 13.3 on women 's economic 
empowerment of Chapter 13 of the FTA between Iceland, Liechtenstein, Norway and U nited Kingdom  
are explicitly excluded from the DSM  of this agreement . While the vast majority of gender provisions 
in intra -European RTAs are not explicitly excluded from the DSM, the low degree of bindingness of 
most of these provisions makes the recourse to the mechanism unlikely.   
1.2  Gender provisions in RTAs between European and African or Middle East countries  
Between 1995 and 2002, the E urope an Union concluded eight RTAs with gender provisions with 
developing countries from Africa and the Middle East (i.e. Tunisia, Israel, Morocco, Jordan, Palestine, 
South Africa, Egypt, and Algeria).  
 
Except for the Agreement on Trade, Development and Cooper ation between E uropean Union and 
South Africa, these RTAs contain between one to three provisions that refer explicitly to gender 
issues, and most relate to women 's education and family -related issues with similar wording. In 
addition, the RTAs between Alg eria, Lebanon, and South Africa address the issue of women 's safety, 
 
16 The U nited Kingdom  has negotiated RTAs with these countries (except with Bosnia and Herzegovina) 
that incorporate the whole EU's Association Agreement – and thus these gender provisions  - with a few 
exceptions. Indeed, the gender provisions in the EU Association Agreements referring to gender equality in 
employment are not incorporated in the UK -Kosovo and UK -Serbia partnership, trade and cooperation 
agreemen ts, which therefore contain one sole gender provision on education.  
17 Except for Ukraine which has concluded an RTA with Canada that contains a reference to gender 
equality, Eastern European countries are only part of RTAs with gender provisions with the E uropean Union and 
the United Kingdom.  
18 Additionally, the E uropean Union-Ukraine Association Agreement provides for gender equality in 
education, training, and decision -making.  INF/TGE/COM/4  
 
- 22 - 
 
  with regard to human trafficking and sexual exploitation, or gender -based violence. All these 
provisions are to be implemented via cooperation activities and are formulated with non -binding 
language.  
 
Interestingly, different gender provisions are found in RTAs between the E uropean Union or the 
United Kingdom  and Southern and Eastern Africa countries. These RTAs provide for cooperation to 
improve the capacity of women traders involved in the fisheries and to develop programmes to 
support  women entrepreneurs in agriculture, among others. In addition, the 
European  Union-Cameroon Interim EPA includes a provision to mobili ze resources via a fund that 
can be used to promote female entrepreneurs hip, among other activities.  
 
Of the 49 gender provisions included in RTAs between these countries, almost half (23) are under 
the responsibility of a monitoring institution and none are explicitly excluded from the DSM  provided 
in these RTAs .  
 
1.3  Gender pr ovisions in RTAs between European and American countries  
Five RTAs between the E uropean Union and Latin American or Caribbean countries address different 
gender issues and are worded differently. However, they are all formulated with non -binding 
language a nd provide for cooperation as the principal implementation instrument.  
 
For example, the European  Union -Mexico Economic Partnership, Political Coordination and 
Cooperation Agreement addresses gender -related social issues and targets women as a vulnerable 
group that should be considered in dialogue on social issues. It also promotes the role of women in 
trade, in particular in the production process.  
 
The European  Union -Chile Association Agreement rather provides for equal treatment between men 
and women i n employment and promotes the role of women in social and economic development 
via cooperation activities. In addition, Article 45 of this Agreement is devoted to gender issues and 
provides for cooperation, policies and programmes to improve and guarantee the participation of 
women in political, economic and cultural and social life, and the access to productive resources. 
Interestingly, this provision refers to the principle of equity, which takes into consideration the 
different situation of men and women and allocates the necessary resources and opportunities to 
women to create an equal outcome for both genders. Accordingly, this provision p romotes the 
adoption of positive measures in favour of women. At the global level, 33 provisions address gender 
equity or the equitable participation of women economic activities or other spheres of life.  
 
Also, as mentioned above, the RTA between the E uropean Union and the CARIFORUM states includes 
an interesting provision that imposes parties to conduct monitoring activities to ensure that the 
benefits for women deriving from the agreement are maximised. This obligation as it is formulated 
is unique to  this agreement and the United Kingdom -CARIFORUM states agreement.  
 
The RTA between the E uropean Union and Central America is also unique to some extent with 
regards to the type of gender issues that it addresses. For instance, it provides for cooperation  to 
help women in conflict zones, making it the sole gender provision to address the issue of women 's 
safety in situation of peace disruption. In addition, this RTA provides with a unique level of precision 
the issue of women 's health and access to health services, including maternal and reproductive 
health and addresses the care of unwanted pregnancy. It is also the only provision to address food 
security for women. Other social issues are addressed, such as women 's access to justice, safety 
net and social  services, as well as violence against women and equitable access to education. This 
RTA also promotes the participation of women in employment, decent work and equal wage. Multiple 
implementation instruments are provided to address these issues –all combi ned with cooperation. 
They include mainstreaming gender in policies, conducting gender impact assessment, developing 
training and capacity -building programmes as well as statistical tools and indicators, and exchanging 
on the implementation of ILO Conventi ons on equal wage and non -discrimination.  
 
Another interesting provision is found in the CETA between Canada and the E uropean Union and 
regards the inclusion of non -discrimination on the basis of gender in the fair and equitable treatment 
of investors. Th is provision is formulated with binding language and proscribes the host state to 
adopt or maintain measures that constitute targeted discrimination against women for investors. 
Similar negative obligations are included in some recent bilateral investment treaties, but in no other 
RTA.  INF/TGE/COM/4  
 
- 23 - 
 
  A total of 44 gender provisions between European and American countries have been concluded and 
39 of these are under the responsibility of a monitoring institution. None are explicitly excluded from 
the DSM  of these RTAs , while four are bound to a specific procedure.  
 
1.4  Gender provisions in RTAs between European and Asian or Oceanian countries  
Korea, Vietnam, Singapore and Armenia (the latter in the CIS region) have concluded RTAs with the 
European Union and the United Kingdom . These RTAs contain similar gender provisions addressing 
decent work for women, non -discrimination in employment, and gender equality, all formulated with 
non-binding language and mere references. Turkey has also included two provisions in the RTA with 
Korea on cooperation on trade -related aspects of the ILO Decent Work Agenda that include gender 
equality and full and productive employment for women.  
 
Furthermore, the EFTA states have concluded over 30 RTAs, but only two with gender provision s, 
which one o f them is  included in the RTA with Indonesia. It recognize s the need for improving the 
welfare and livelihood of vulnerable women. No action point is indicated to achieve this objective.  
 
Interestingly, the U nited Kingdom  is the  first European countr y to have negotiated  RTAs with 
chapters dedicated to gender issues. These RTAs were concluded with Australia  and Japan, and 
recently with  New Zealand , Iceland, Norway and Liechtenstein. These RTAs contain several gender 
provisions in various chapters , mostly formulated in permissive language and address a wide range 
of gender issues . They also contain a few specific obligations to eliminate forms of discrimination 
against women (see Annex A for a detailed analysis and comparison of gender provisions in  these 
RTAs).  
 
2  GENDER PROVISIONS IN RTAS CONCLUDED BY AFRICAN COUNTRIES  
Currently,  53 African countries have concluded an RTA with gender provisions, for a total of 23  RTAs 
and 66 gender provisions. In addition, two RTAs contain a full chapter on women in development 
and businesses (the first worldwide).  
 
Since the conclusion of the first gender provision in 1983, most African countries have included 
specific provisions promoting gender equality and women 's empowerment in five out of eight 
agreements estab lishing the regional economic communities (RECs). Most of these RTAs were 
negotiated during the 1990s. In addition, the AfCFTA, ratified by 43 countries so far, contains 
three  gender provisions. In sum, there are gender provisions in force  in every African  country, except 
in Somalia and Libya.  
Chart  5: RTAs with gender provisions across Africa  
 
Source:  Author 's analysis based on the last update of the database in September  2022.  
 
INF/TGE/COM/4  
 
- 24 - 
 
  Eight RTAs are concluded solely between African countries, nine with the E uropean Union, six with 
the U nited Kingdom  and one with the United States.  
 
As mentioned above, the RTAs with the EU and African countries particularly address gender -related 
social issues and women 's working conditions. In contrast, the gender provi sions included in 
intra-African RTAs address a wide range of gender issues, and some are formulated with binding 
language and provide concrete action points .19 Several of these RTAs address gender equality issues, 
and three include gender equality in their  core objectives or principles. These are the AfCFTA, EAC 
and the Treaty of the Southern African Development Community (SADC) .20  
 
Gender provisions in intra -African RTAs focus more on the role of women in development and 
economic activities rather than in  the workforce. A few provisions address social issues and the 
advancement of the role of women in the social sphere.  
 
In addition, some unique gender provisions are found in intra -African RTAs. For example, the only 
provision defining "gender" is include d in the EAC, which refers to the role of men and women in 
society. Also, the EAC, Article 9, provides that "in the appointment of staff and composition of the 
organs and institutions of the Community, gender balance shall be taken into account". Similarly , 
Article 21 of ECCAS provides for gender parity of staff in the Commission .21  
 
Intra-African RTAs also provide for specific action points to accelerate gender equality, either to be 
implemented by an institution or by the parties. For example, some insti tutions are mandated to 
take into consideration gender issues in their work or ensure gender mainstreaming in all its 
endeavour (such as in EAC or the Convention Governing the Economic Union of Central Africa). 
ECOWAS also mandates the Community to increas e women 's access to information.  
 
In the AfCFTA 's Protocol on Trade and Services, parties agree to mobili ze resources and implement 
measures to improve the export capacity of formal or informal female services suppliers. This 
provision stands out globally  for three reasons : (i) only four other provisions provide for resource 
mobili zation; (ii) a very few provisions target women exporters ; and (iii) only a couple of provisions 
address issues related to informality worldwide.  
 
As opposed to most gender prov isions concluded worldwide, some of them included in intra -African 
RTAs are formulated with binding language and provide for specific obligations.  
 
Some trends can be observed by regions regarding state parties ' commitments to gender equality.  
 
2.1  Gender provisions in RTAs concluded by Southern and Eastern Africa countries  
Three regional economic communities in Southern and Eastern Africa includ e gender provisions in 
their establishing treaties: the SADC, EAC and COMESA.  
 
First, the 16 states partie s to the SADC Treaty commit to the negative obligation to not discriminate 
against any person on the basis of gender.  
 
They also intend to "mainstream gender in the process of community building" as part of the 
objective of the Treaty. In addition, since its creation in 1992, the SADC has adopted several 
instruments on gender equality, including the Protocol on Gender and Development, the Gender 
Mainstreaming Resource Kit and the Gender Workplace Policy.  
 
Second, the 21 states parties of COMESA and the 7 state parties to EAC have made several 
commitments included in the chapter devoted to supporting women 's empowerment. These are the 
 
19 For a detailed analysis of the gender provisions included in RTAs concluded by African countries, see 
Laperle -Forget, L. 2022. Gender Provisions in African Trade Agreements: What Commitments Are There For 
Reconciling Gender Equality and Trade? Tralac Trade  Report No. S22TR05/2022. Stellenbosch: tralac, 
https://www.tralac.org /publications/article/15567 -gender -provisions -in-african -trade -agreements -what-
commitments -are-there -for-reconciling -gender -equality -and-trade.html .  
20 Apart from these RTAs, only the TFEU and TEU provide as such.  
21 Although most RTAs establish institution s to manage the agreement and review its implementation, 
only intra -African RTAs provide for the equal participation of men and women in these institutions.  
 INF/TGE/COM/4  
 
- 25 - 
 
  first two chapters on gender issues concluded worldwide and were concluded respectively in 1993 
and 1999. In these chapters,  parties do, among other:   
 
i. commit to adapt their legislation and adopt measures to promote the effective participation 
of women at all levels of socio -economic development, including in decision -making ;  
 
ii. undertake to increase the participation of businesswomen in policy formulation and 
implementation ; 
 
iii. commit to abolish discriminatory laws and practices against women, in particular those that 
hinder women 's access to credit, finance, land and other assets. They also have to develop 
programmes aimed at changing the negative attitudes towards women ;  
 
iv. commit to reform their strategy on education and training with the view to improve women 's 
technical and industrial employment levels with vocational and on -the-job training schemes.  
 
As opposed to the chapter on trade and gender included  in other RTAs, these chapters are not 
excluded from the jurisdiction of the court of justice established by the treaties.  
 
Both EAC and COMESA have adopted instruments to further promote gender equality, including the 
EAC Gender Equality and Development Bill and the COMESA Gender Policy.  
 
2.2  Gender provisions in RTAs concluded by Western and Central Africa countries  
Two regional economic communities in West and Central Africa include similar gender provisions in 
their establishing treaties: ECCAS and ECOWAS .  
 
The 15 states parties to the ECOWAS and 11 state parties to ECCAS commit to formulate, harmoni ze, 
coordinate and establish appropriate policies and mechanisms for the enhancement of the economic, 
social and cultural conditions of women.  
 
They shall ta ke necessary measures to identify and assess the obstacles faced by women and provide 
a framework to address these obstacles and integrate women 's concerns and needs into their 
policies. They also agree to strengthen cooperation and share information to fu rther support 
women 's empowerment at the community level.  
 
Both ECOWAS and ECCAS have adopted additional instrument s to accelerate gender equality, 
including the ECOWAS Gender Policy and the ECCAS Declaration on equality between men and 
women.  
 
3  GENDER PR OVISIONS IN RTAS CONCLUDED BY LATIN AND NORTH AMERICAN, AND 
CARIBBEAN COUNTRIES  
The vast majority of countries in the Americas have negotiated an RTA with a gender provision for 
a total of 42 RTAs with gender provisions concluded across the Americas. To da te, 29 (including two 
not yet in force) have been concluded by Latin American countries with some 115 gender provisions; 
5 by Caribbean countries with 11 provisions and; 23 by North American countries with 54 gender 
provisions.  
 INF/TGE/COM/4  
 
- 26 - 
 
  Chart 6: RTAs with gender provisions across the Americas  
 
 
 
Source:  Author 's analysis based on the last update of the database in September  2022.  
 
3.1  Gender provisions in RTAs concluded by South American countries  
Recent RTAs concluded by South American countries – notably Chile  - have attracted great attention 
from the international community due to their chapters devoted to trade and gender issues. In 
particular, since the conclusion of the bilateral FTAs between Chile and Uruguay, Argentina, and 
Canada, the number  of new gender provisions and chapters has significantly increased globally.  
 
Gender provisions have been gradually included in RTAs concluded by South American countries. 
Bolivia, Ecuador, Colombia and Peru first included a gender provision in the Andean  Subregional 
Integration Agreements modified by the Sucre Protocol in 1997. Five years later, Chile concluded an 
RTA with the E uropean Union with two gender provisions (as mentioned above). In 2006, the 
United  States concluded bilateral RTAs with Peru and Colombia, which both provide for cooperation 
on the elimination of gender discrimination in employment in an annexe. These mentions were 
similarly integrated into the bilateral RTAs between Canada and these two countries.  
 
A year after, Peru and China con cluded an RTA providing for the adoption of a gender approach in 
development policies and strategies for agriculture. Chile has also included a mere reference to 
cooperation on gender issues in its RTAs with Turkey, Vietnam, and Thailand, concluded between  
2009 and 2013.  
 
Therefore, until recently, RTAs concluded in South America only included a mere reference to gender 
issues formulated with non -binding language.  
 
The year 2016 marked a turning point in the inclusion of gender provisions in RTAs in the r egion. 
During this year, Chile and Uruguay concluded an RTA with seven gender provisions and a whole 
chapter devoted to these issues. In 2017, Chile concluded bilateral RTAs with Argentina and Canada, 
both with a chapter on trade and gender. A year later, Brazil and Chile concluded an FTA with a 
gender chapter .22 Chile and Ecuador also integrated such a chapter in their RTA concluded in 2020. 
Recently, Chile and Paraguay, as well as the Pacific Alliance (Chile, Colombia, Mexico and Peru ) and 
Singapore concl uded RTAs, again both with a chapter on trade and gender.  
 
As of 2022, 7 RTAs with a chapter on gender issues –out of 14 worldwide — were concluded by Chile.  
 
 
22 Also in 2018, Canada and Israel concluded an FTA with a similar chapter on trade and gender.  
INF/TGE/COM/4  
 
- 27 - 
 
  The recent RTAs concluded by Latin America address a wide range of gender issues and provide for  
various implementation instruments, mostly formulated with permissive language. These RTAs 
explicitly exclude most of the gender provisions from the application of dispute settlement, while a 
monitoring institution is often provided (see Annex B for detai led analysis of gender provisions 
included in RTAs recently concluded in Americas).  
 
3.2  Gender provisions in RTAs concluded by Caribbean and Central American countries  
As opposed to the RTAs concluded in South America, countries from Central America and the 
Caribbean have negotiated only a few gender provisions, apart from those included in RTAs with the 
European Union, which address a wide range of gender issues in the area of cooperation.  
 
For example, the revised Treaty of Chaguaramas, concluded by 15  countries mostly from the 
Caribbean, mandates the Council for Human and Social Development of the Caribbean Community 
to establish programmes and policies to increase women 's participation in social, cultural, political 
and economic activities.  
 
As of 20 22, only a few RTAs were concluded by Caribbean countries, thus explaining the small 
number of gender provisions applicable in this region (11 provisions in 5 RTAs).  
 
Similarly, except for the Association Agreement between the E uropean Union and Central A merica 
that provides for multiple gender issues in 12 provisions, the gender provisions included in other 
RTAs negotiated by these countries only contain a mere reference to gender issues in the area of 
cooperation. For example, the FTA between Dominican R epublic, Central America and the 
United  States, as well as the United States-Panama Trade Promotion Agreement, and 
Canada -Panama and Canada -Honduras FTAs provide in an annexe or a side agreement for gender 
equality in employment in potential areas of coope ration. Most of these provisions are under the 
responsibility of a monitoring institution, although formulated with non -binding language that does 
not involve any expected outcomes.  
 
3.3  Gender provisions  in RTAs concluded by North American countries  
Numerous RTAs concluded by Canada (13 RTAs) and the United States ( 8 RTAs) include gender 
provisions. But except for the RTAs recently concluded ( e.g. USMCA, Canada -Chile and 
Canada -Israel FTAs), most of these RT As include one reference to gender issues in an annexe of the 
chapter on labour (as mentioned above concerning RTAs between Canada or the United States and 
Latin American countries) or mention women -owned businesses in an exclusion clause within the 
public  procurement chapter negotiated by the United States.  
 
In fact, in five RTAs, the United States has formulated an exclusion clause consistently with its 
national legislation on public procurement that grants preferential treatment for businesses owned 
by certain groups of the population that includes women, veterans and the disabled .23 
 
Furthermore, USMCA contains seven gender provisions, as opposed to its predecessor NAFTA  that 
contained only a mere mention of gender issues in a side agreement. The preamb le of USMCA refers 
to women 's access to the opportunities generated by the agreement and their full participation in 
trade. In addition, the chapter on investment provides for gender equality in the corporate social 
responsibility clause, and the chapter o n competitiveness and SMEs provides for cooperation in 
promoting the participation of women in SMEs. This later chapter is explicitly excluded from the DSM  
of this agreement , and no specific institution is identified.  
 
The stronger commitments for gender equality are contained in the chapter on labour, which is not 
excluded from the DSM  of the USMCA , although parties have first to try to resolve the conflict by 
other means. For instance, Article 23.9 provides that parties shall implement policies to protec t 
workers against employment discrimination on the basis of sex, pregnancy and caregiving 
responsibilities. These policies also have to address sexual harassment, parental leave and wage 
discrimination. This provision is couched  in binding language, as opp osed to Article 23.12, which is 
formulated in permissive terms. For example, it provides for cooperation on the elimination of 
gender -based discrimination in employment and wage, and for developing tools to ensure equal pay. 
 
23 For more information, consult the WTO Trade Policy Review of the United States, 
WT/TPR/S/382/Rev.1, 27 March 2019, para graph  26. INF/TGE/COM/4  
 
- 28 - 
 
  This provision also indicates t hat signatories may cooperate to promote gender -responsive labour 
practices to build women workers ' skills, and develop programmes and policies on occupational 
safety and health that includes the advancement of childcare, nursing mothers, and prevention of  
gender -based violence. The cooperative activities can also aim to collect gender -disaggregated data. 
These provisions in the chapter on labour are under the supervision of the Labour Council.  
 
It is therefore only recently that North American countries h ave integrated gender issues more 
thoroughly into their RTAs.  
 
4  GENDER PROVISIONS IN RTAS CONCLUDED BY ASIAN, MIDDLE EAST AND OCEANIAN 
COUNTRIES  
Countries from the Middle East, Asia and the Pacific are the regions that concluded RTAs with the 
lowest number of gender provisions. As opposed to the other regions, this practice is not well 
established and several countries in these three regions have not yet concluded gender provisions.  
Chart 7: RTAs with gender provisions across Asia, Middle East and the Pacific  
 
 
 
Source:  Author 's analysis based on the last update of the database in September  2022.  
 
4.1  Gender provisions in the Middle East  
Currently,  14 RTAs with 24 gender provisions were concluded by Middle East countries.  
 
Jordan, Israel, Palestine and Lebanon have included gender provisions in RTAs with the 
European  Union, mostly about cooperation on education and family -related issues. The FTA be tween 
Bahrain and the United States also provides for cooperation on the elimination of gender -based 
discrimination in employment.  
 
In addition, the Economic Agreement Between the Gulf Cooperation Council States concluded in 
2001 by six Middle East countr ies contains one gender provision about the enhancement of the role 
of women in development through the implementation of a policy. The implementation of this 
provision should be reviewed by the Secretariat General responsible for the whole agreement.  
 
Therefore, except for the RTA between Canada and Israel, gender provisions in RTAs concluded by 
Middle East countries are scarce, and the commitment to gender equality in these agreements is 
rather low.  
 
4.2  Gender provisions in Asia  
Despite the fact that numer ous RTAs are applicable across Asia, only 17 currently promote gender 
equality or support women 's empowerment in explicit terms in 35 gender provisions.  
INF/TGE/COM/4  
 
- 29 - 
 
  Armenia, Vietnam, Singapore and Korea have concluded RTAs with the E uropean Union and/or the 
United Kingdom , which most address gender issues in the labour market. Indonesia is also part of 
two RTAs - with the EFTA states and Chile  - that contain a mere reference to gender issues 
formulated with non -binding language.  
 
Furthermore, the Treaty of the Eurasia n Economic Union concluded by Armenia, Belarus, 
Kazakhstan, Kyrgyz Republic, and the Russian Federation  (from the CIS region) includes a mere 
reference to the protection of pregnant women and nursing mothers in the Protocol on Technical 
Regulation.  
 
Some Asian countries are also part of the Comprehensive and Progressive Agreement for 
Trans -Pacific Partnership (CPTPP), which contains four gender provisions, including one fully 
dedicated to women 's economic empowerment. The preamble first recognize s the impo rtance of 
promoting gender equality, and the chapter on labour provides for cooperation and 
information -sharing activities on the elimination of discrimination against women in employment. In 
addition, parties agree to cooperate to build their capacity in the area of gender equality. Lastly, the 
provision on women and economic growth provides for the recognition of the role played by women 
workers and business owners for economic development and provides for potential cooperation 
activities to enhance the c apacity of women to benefit from the opportunities created by the 
agreement. This provision is explicitly excluded from the DSM, and no monitoring institution is 
identified  in the CPTPP .  
 
4.3  Gender provisions in the Pacific  
Pacific countries have concluded only a few RTAs with gender provisions  to date . In total, 6 RTAs 
with 41  gender provisions were concluded by Pacific countries.  
 
In the Pacific region, eight countries are part of the PACER PLUS, which include a gender provision. 
Concluded in 2017, this RTA refers to building parties ' capacity to implement a trade and gender 
development policy, the assistance needed for data collection on women engaged in the primary 
sectors and the establishment of a women -led garment production c ottage industry.  
 
Also, Australia and New Zealand (both parties to PACER PLUS and CPTPP) have negotiated additional 
gender provisions and chapters in their recent RTAs with the United Kingdom . 
 
Therefore, only a few RTAs concluded by countries from the Mi ddle East, Asia and Oceania provide 
for gender equality or explicitly support women 's empowerment. Also, most of these provisions are 
formulated with non -binding language and with no specific action points, thus minimi zing their 
commitments for addressing gender issues, with the exception of agreements concluded by 
New Zealand and Australia.  
 
  INF/TGE/COM/4  
 
- 30 - 
 
  ANNEX A  
SUMMARY AND COMPARISON OF GENDER PROVISIONS INCLUDED IN RECENT RTAS 
CONCLUDED BY U NITED KINGDOM  
Some of U nited Kingdom 's post -Brexit RTAs contain several gen der provisions and a full chapter on 
trade and gender. To shed lights on the new commitments on gender equality made by 
United Kingdom, Japan, Australia , New Zealand, Iceland, Lichtenstein, and Norway . Table 1 provides 
a detailed analysis of these provisio ns and highlight new trends.  
 
Table 1: Gender provisions in the U nited Kingdom -Japan, United Kingdom -Australia, 
United Kingdom -New Zealand , and United -Kingdom - Iceland -Liechtenstein  and Norway 
RTAs  
Preamble  The preambles of UK -Japan EPA and UK -Australia and UK -New 
Zealand FTAs support women's participation in the economy .  
Chapters on domestic 
regulation and financial 
services  • The four RTAs prohibit measures relating to licensing and 
qualification requirements and procedures that discriminate 
against women. They also allow temporary measures that are in 
favour of women and aim at accelerating gender equality. In the 
UK-Australia and UK -New Zealand FTAs, an additional provision 
provides this negative obligation concerning the authorisation for 
the supply of a service. These provisions are formulated with 
binding language and require parties to avoid discriminatory 
treatment against women .24 These provisions are under the 
responsibility of a monitoring institution and are not excluded from 
the DSM  of these RTAs . 
 
• The UK -Australia and UK -New Zealand FTAs also provide for 
diversity in financial services that is gender -balanced. The latter 
FTA also indicates that parties should encourage financial services 
suppliers to develop remuneration policies consistently with the 
principle of equal pay for equal value.  
Chapters on digital 
trade, public 
procurement, and SMEs  • The UK -Australia and UK -New Zealand FTAs provide for digital 
inclusion of women. The latter provides for a list of cooperation 
activities to achieve this objective, which includes improved 
access to online business tools, assessment of the barriers, and 
share of best practices to enh ance women's skills and help SMEs 
to adapt to digital trade. No monitoring institution is provided for 
these provisions.  
 
• The UK -Australia and UK -New Zealand FTAs promote the 
participation of women in public procurement either through 
cooperation or manda ting a working group to considerate this 
issue. These two FTAs also promote the participation of women -
owned SMEs in trade without indicating specific implementation 
instrument apart from cooperation. Provisions on women in SMEs 
are explicitly excluded fro m the DSM  provided in these RTAs .  
Chapter on labour  • The UK-Iceland, Liechtenstein and Norway, UK-Australia and UK -
New Zealand FTAs contain a provision focusing on gender equality 
in the workplace. In this provision, parties commit or reaffirm their 
commitment to implement measures and policies to advance anti -
discrimination practices, including tho se against pregnant women, 
and those related to workplace sexual harassment, gender -based 
violence, gender pay gaps, and flexible working arrangements, as 
well as improve women's access to decent work.  
 
 
24 It is worth noting that a similar provision is included in  the Declaration on the Conclusion of 
Negotiations on Services Dome stic Regulation by participating WTO Members.  INF/TGE/COM/4  
 
- 31 - 
 
  • The UK -New Zealand FTA additionally provides for coo peration 
activities to address unpaid care work, ensure affordable 
childcare, and build the capacity and skills of women workers. It 
also provides for cooperation to increase gender -disaggregated 
data, indicators and monitoring methodologies related to tra de 
and the workplace.  
 
• These provisions are under the responsibility of a monitoring 
institution and specific procedures are applicable for dispute 
resolution  provided in these RTAs .  
Chapter on trade and 
gender  • The four RTAs contain chapters on gender issues similarly 
structured.  
 
• They all contain a provision that focuses on the recognition and 
promotion of certain concerns. For instance, they all recognize the 
importance of promoting the role of women in the economy, 
including workers and business own ers, and the importance of 
cooperation to reduce the systemic barriers in trade that prevent 
women from participating equitably in the economy. The UK -
Australia and UK -New Zealand FTAs further recognize the 
importance of advancing gender equality and women 's 
empowerment for economic growth and provide with more 
precision the type of activities that can accelerate gender equality, 
such as evidence -based interventions and gender -responsive 
policies, as well as building the capacity of the parties in the field  
of gender issues.  
 
• They all contain a provision that reaffirm their commitments to 
the Buenos Aires Declaration on Trade and Women's Economic 
Empowerment. The UK -New Zealand RTA also reaffirms the 
commitment to implement the obligations under the CEDAW a nd 
recalls SDG 5.  
 
• All chapters contain a provision that lists the potential cooperation 
activities to be undertaken to advance gender equality and 
women's empowerment. This list is formulated with non -binding 
language that includes providing training, and  sharing information 
on programmes to improve women's access to markets, 
technology and finance, women's leadership and workplace 
flexibility. The UK-Iceland, Liechtenstein and Norway, UK-
Australia and UK -New Zealand FTAs also provide for sharing 
informati on in matters related to access to education, capacity -
building for women entrepreneurs and access to online business 
tools, and on data collection, analysis and monitoring related to 
trade and gender. In the UK -New Zealand FTA, parties shall 
develop a fra mework for analysing gender -disaggregated data 
and gender focused analysis of trade policies. This FTA also 
supports the participation of wahine Maori in trade activities, 
making it one of the few RTAs that address the participation of 
indigenous women in economic activities.  
 
• The UK -New Zealand FTA also provides for specific obligations to 
fulfil and are formulated with binding language. For instance, 
parties shall implement and enforce their respective laws, policies, 
practices, and regulations that promote gender equality and  
improve women's access to trade and economic opportunities. 
They also have to promote public awareness and make available 
these legal instruments. Furthermore, parties recognize that they 
should not derogate from these gender equality laws to encourage 
trade and investment. Similar provisions are included in some INF/TGE/COM/4  
 
- 32 - 
 
  RTAs but in the context of labour rights or the environment. As 
such, this is the sole RTA that provides for gender equality.  
 
• All chapters are also under the supervision of a specific institutio n 
mandated to facilitate the cooperation between the parties. The 
UK-Japan EPA establishes the Working Group on Trade and 
Women's Economic Empowerment that shall ensure the 
implementation of the cooperation activities and conditionate the 
monitoring and re view of the provisions based on the parties' 
consent. The UK -Australia FTA establishes the Dialogue on Trade 
and Gender Equality to support cooperation activities and facilitate 
communication with women workers, business owners and 
entrepreneurs. Gender pr ovisions are however monitored and 
reviewed by the Committee on Cooperation. In contrast with these 
two RTAs, the UK-Iceland, Liechtenstein and Norway FTA and UK-
New Zealand FTA s provide for the designation of contact points on 
trade and gender issues to f acilitate communication between the 
parties and with different groups of women. Gender provisions are 
reviewed and monitored by the Inclusive Sub -Committee  or the 
Sub-Committee on Trade and Sustainable Development , also 
mandated to share the outcomes of th e analysis, research and 
monitoring on trade and gender conducted by the parties.  
 
• These three chapters are explicitly excluded from the scope of the 
DSM provided in these RTAs .  
Chapter on cooperation  
or sustainable 
development  • The UK -Australia and UK -New Zealand FTAs contain a provision in 
the chapter on cooperation that reaffirms their intention to 
cooperate on trade and gender equality or the importance to 
promote inclusive economic growth that includes women -led 
businesses. Both RTAs exclude this pro vision from the scope of 
the DSM but mandate a technical committee to facilitate the 
cooperation.  
 
• The UK-Iceland, Liechtenstein and Norway FTA recall s the CEDA W 
in the chapter on sustainable development. It also contains a 
provision on potential areas of cooperation, which may include 
gender equality and  gender -impact assessment.  
  INF/TGE/COM/4  
 
- 33 - 
 
  ANNEX B  
SUMMARY AND COMPARISON OF GENDER PROVISIONS INCLUDED IN RECENT RTAS 
CONCLUDED IN AMERICAS  
Since 2016, Latin American countries and Canada have concluded several new RTAs with a chapter 
on trade and gender. Table 1 summari zes the new commitments for gender equality made in these 
RTAs and highlights new types of gender provisions.  
 
Table 1: Gender provisions in the bilateral FTAs between Chile and  Uruguay, Argentina, 
Brazil, Ecuador, Paraguay and Canada, between Canada and Israel, and between the 
Pacific Alliance and Singapore  
Preamble  • The preamble of Chile -Uruguay, Chile -Brazil, Chile -Ecuador and 
Chile-Paraguay RTAs promote gender mainstreaming in  
international trade and gender equality in rights, treatment and 
opportunities. Explicit mention of women 's economic 
empowerment is made in the Chile -Paraguay RTA.  
• The preamble of the Canada -Israel FTA mentions explicitly that 
the agreement seeks to impr ove women 's access to the 
opportunities it creates through cooperation. Additionally, the 
Pacific Alliance -Singapore RTA recognize s the contribution of 
women in trade for sustainable development.  
Chapters on digital 
trade, investment, value 
chains and SMEs  • The Chile -Brazil and Chile -Ecuador RTAs provide for cooperation 
to include women in electronic commerce. The Chile -Paraguay 
RTA contains a specific provision on digital inclusion that provides 
for opportunities in digital trade by removing barriers an d 
improving women 's access to these opportunities. Parties agree to 
cooperate on these objectives, notably by developing programmes 
and sharing methods on gender -disaggregated data.  
• The Chile -Brazil and Chile -Ecuador RTAs provide for cooperation 
to increa se the participation of MSMEs and women in global and 
regional value chains. The Chile -Paraguay RTA provides for 
cooperation to reduce gender gaps in these areas. The Pacific 
Alliance -Singapore RTA provides for information sharing on 
entrepreneurship progr ammes for women in the context of 
facilitating the participation of SMEs in trade.  
• The Chile -Canada and Chile -Argentina RTAs include gender 
equality in the corporate social responsibility (CSR) clause related 
to the conduct of investors.  
• These provisions  are explicitly excluded from the DSM  provided in 
these RTAs  - except for the provision on inclusive trade in the 
Chile-Ecuador RTA. They are, however, under the responsibility of 
a monitoring institution - except for those provisions related to 
CSR in which no institution is identified.  
Chapter on labour  • The Chile -Argentina, Chile -Uruguay and Canada -Israel provide for 
cooperation to promote gender equality of rights, opportunities, 
and treatment in employment, notably through information 
sharing activities and collaborative research.   
• Chile-Brazil RTA recognize s tha t non -discrimination and gender 
equality are fundamental to inclusive and sustainable economic 
growth, as well as to creating employment opportunities and rising 
incomes. To achieve these objectives, parties have to adopt 
policies to remove the systemic ba rriers faced by women in the 
labour market.  INF/TGE/COM/4  
 
- 34 - 
 
  • These provisions are all explicitly excluded from the DSM but are, 
however, under the responsibility of a monitoring institution.  
Chapter on trade and 
gender  • The chapters on trade and gender issues included in these eight 
RTAs are similarly structured and address similar gender issues 
and provide for similar implementation instruments.  
• The first provision of these chapters focuses on the recognition of 
certain  considerations, including the importance of incorporating 
a gender perspective into the promotion of inclusive economic 
growth, and the key role of gender -responsive policies, equal 
participation of women in economic activities and improving 
women's acces s to productive resources for sustainable socio -
economic growth. Except for the Pacific Alliance -Singapore RTA, 
in some RTAs, parties also recognize the importance of eliminating 
all forms of discrimination and violence against women.  
• Except for the Pacif ic Alliance -Singapore RTA, the chapters also 
reaffirm the commitments of parties to adopt and implement 
gender equality laws, policies and best practices and promote 
public awareness of these instruments. In addition, parties to the 
Argentina -Chile, Chile -Uruguay, Chile -Paraguay, and Chile -
Ecuador RTAs reserve their right to regulate on gender equality. 
The Chile -Paraguay RTA further includes the publicity of the 
impact of these instruments on economic growth and trade policy, 
thus implying the conduct of a n impact assessment. Parties to this 
RTA, as well as to the Chile -Ecuador RTA, also have to publicise 
their activities undertaken under the chapter on trade and gender.  
• Except for the Pacific Alliance -Singapore RTA (more succinct), the 
chapters contain a provision recalling state parties' commitments 
to international instruments. The Chile -Uruguay RTA does not 
mention a specific convention but refers to those on gender -equal 
pay and gender equality in employment. The other chapters all 
provide for state pa rties' commitments to implement specific 
conventions, such as the CEDAW, ILO Conventions 100, 111 and 
156 on gender -equal pay, discrimination in employment and 
occupation, and workers with family responsibility, the Convention 
of Belém do Pará on violence against women, the Beijing 
Declaration, the Buenos Aires Declaration, and SDG 5.  
• Except for the Pacific Alliance -Singapore RTA, which is limited to 
the recognition of the importance of cooperation activities to 
support the participation of women in the ec onomy, the other 
chapters contain a provision listing the cooperation activities.  
o These provisions contain only one binding obligation 
formulated as such: parties shall carry out cooperation 
activities to improve the capacity and skills, and conditions 
for women workers, businesswomen and entrepreneurs to 
access and fully benefit from the opportunities created by 
these RTAs. This obligation can be combined with the 
inclusive participation of women. Therefore, parties have 
solely committed to cooperating on  gender issues.  
o The provisions indicate potential areas of cooperation in 
which priorities are determined by the parties. This 
includes that a certain number of gender issues can be 
addressed, such as women's leadership in male -
dominated fields and partic ipation in decision -making, 
women's access to finance, education, online business 
tools and e -commerce platform, women's participation in 
public procurement and regional and global value chains, INF/TGE/COM/4  
 
- 35 - 
 
  and indigenous and rural women's participation in the 
economi c activities among others.  
o The cooperation activities that have to  be agreed upon by 
the parties notably include information sharing activities 
on data collection and analysis and programmes aimed at 
addressing gender issues and social inclusion for women, 
as well as collaborative research.  
Except for the Pacific Allian ce-Singapore RTA, the chapters 
provide for institutional arrangements. They create a technical 
institution on trade and gender issues constituted by the parties 
to facilitate the exchange of information, communication, and 
cooperation between them. As part  of their functions, these 
institutions have to examine the implementation and 
operationalisation of these chapters. Some RTAs indicate the 
timeframe in which the review has to be conducted and whether 
a report has to be submitted to the institution in cha rge of the 
whole agreement. For example, the Chile -Argentina RTA provide 
for a period that does not exceed three years after the entry into 
force of the RTA (due in 2022). These institutions also have the 
ability to undertake consultations with the populat ion and invite 
experts or other stakeholders to the meetings. In the Chile -
Paraguay and Chile -Ecuador RTAs, this matter is formulated with 
binding language that indicates that the Committee and the 
parties shall provide a means of receiving and considering  the 
views of persons or organizations with a legitimate interest in 
matters related to this chapter.  
• Parties also have an obligation to nominate a point of contact to 
further facilitate the communication between the parties on issues 
related to the implem entation of the chapters.  
• These chapters are explicitly excluded from the DSM, except for 
the chapter in the Canada -Israel RTA. The RTAs rather provide 
that parties shall try to resolve any matter arising from these 
chapters through dialogue, consultation s and cooperation. In 
contrast, the chapter in the Canada -Israel RTA is not excluded 
from the scope of the DSM, but the recourse to this mechanism is 
conditionate to the consent of both parties  
Chapter on cooperation  • The Chile -Uruguay RTA reaffirms that a reas of cooperation and 
capacity -building between the parties shall include gender issues.  
 
 
__________