Developing a Gender-sensitive Digital Trade Regulatory Framework in the Promotion of Women in E-commerce : A Malawian Perspective

Abstract

With the advancement of ICT and the digitization of the world as we know, trade is also digitizing. Although digital trade can’t be definitely defined, it can't be ignored as a key element of any country’s hope to grow its economy. Like other African countries, Malawi has national plans to boost its economy through its digital economy. However, e-commerce in Malawi is still an infant industry which is likely to decline if no reform and developments are made to Malawi’s current legal and regulatory framework of digital trade. Since women have been found to be an integral part of digital trade globally, the plight of women in e-commerce cannot be ignored. Interestingly, the law as it is perpetuating the digital gender gap by not actively promoting gender equality in digital trade. This dissertation therefore investigates the existing legal framework of digital trade in Malawi. It seeks to unravel how the law has been complicit in hindering women from thriving in e-commerce. This dissertation also examines the challenges that women encounter in e-commerce and the role that digital trade plays in relation to this. It then goes on to draw out the pertinent legal instruments of Malawi’s extant legal digital trade framework. This is followed by the case study on SA that draws a similar outline of SA’s e-commerce landscape before going into findings and recommendations in the last chapter. The main purpose of this study was to find out what the key considerations are for creating an enabling environment that promotes women in e-commerce. In this regard, the study undertook a case study of SA’s e-commerce framework. The key findings were internet penetration, online buying trends, healthy competition in the industry, payment facilitation and effective dispute mechanisms as key elements of a robust e-commerce landscape. The implications of the findings in this study find significance when taken as recommendations towards developing Malawi’s e-commerce framework. The findings also raise awareness of the law’s complicity with the barriers against women engaged in digital trade through the critical analysis given through this study.