Make Every Woman Count
4.2. Laws, Policies, Strategies/National Action Plans About 31 countries adopted constitutional provisions during the AWD that are considered important in prohibiting VAW and protecting women and girls from harmful practices and early marriage. These reforms included provisions prohibiting inhumane and degrading treatment and guaranteeing protection from violence. The 2016 Constitution of Côte d’Ivoire articulates that the state and public communities shall take the necessary measures to eliminate all forms of violence against women and girls.1339 In Malawi and Zimbabwe, for example, constitutional reforms also included provisions that set the legal age of marriage at 18 years. The constitutions of Burundi, Guinea and South Sudan explicitly prohibit forced marriage. The 2018 Constitution of Burundi prohibits forced marriage, stating, “that marriage cannot take place without the free and full consent of the future spouses” (Article 29).1340 The constitutional reforms in three countries (Chad, Côte d’Ivoire and Guinea) included the adoption of a provision prohibiting FGM. They also included provisions on the prohibition on slavery, human trafficking and forced labour. During the Decade, most African countries adopted legislation relevant to prohibiting harmful practices and violence against women and girls. The reforms address, for example, SGBV, domestic violence, rape, sexual harassment, human trafficking, child marriage and harmful practices such as FGM. Several countries, for example Angola, Botswana, Liberia and Uganda, enacted legislation prohibiting domestic violence. Overall, 30 out of the 48 countries in sub-Saharan Africa had laws on domestic violence in place by 2019.1341 Several countries have adopted legislation specifically addressing harmful practices such as FGM and early or forced child marriage. During the Decade, Eswatini, Malawi, Mozambique and Zimbabwe, for example, introduced legislation on child marriage. Concerning FGM, Guinea-Bissau, Kenya, Nigeria, Sudan and Uganda passed legislation criminalising the practice. In 2020, the highest governing body in Sudan ratified a law criminalising FGM, a move that came three months after the Cabinet approved amendments to the Penal Code that would punish anyone performing FGM.1342 Eight countries (Algeria, Cameroon, Central African Republic, Egypt, Guinea, Lesotho, Malawi and Mozambique) have made changes to the penal code that were relevant to protect women and girls against violence and harmful practices. These included strengthening provisions concerning rape, FGM and sexual harassment. In Cameroon, the revised Penal Code expands the forms of VAW that are now classified as criminal offences to include FGM and sexual harassment. The penal codes of Central African Republic, Guinea and Mozambique also include provisions criminalising FGM. Notably, the revised penal codes of Lesotho and Mozambique criminalise marital rape. Fifteen countries (Angola, Chad, Côte d’Ivoire, Djibouti, Eswatini, Gambia, Ghana, Lesotho, Namibia, Rwanda, Seychelles, South Africa, South Sudan, Sudan and Zimbabwe) have adopted legislation prohibiting trafficking. For example, in 2018, the Government of Rwanda adopted the Law on the Prevention, Suppression and Punishment of Trafficking-in-Persons and Exploitation of Others (Law No. 51/2018), prohibiting all forms of trafficking, such as human trafficking, sexual exploitation and forced labour. It imposes penalties but also includes provisions on preventing trafficking. Across Africa, countries have adopted national policies, strategies and campaigns to combat harmful practices and violence against women and girls. Several countries, such as Egypt, Kenya, Malawi, Mauritania, Namibia, South Africa and Tanzania, adopted national strategies to combat VAW during the Decade. The plans and strategies vary in scope concerning the forms of VAW addressed. For example, the 2014 National Policy on the Prevention and Response to Gender-Based Violence in Kenya takes a multi-sectoral and multi-stakeholder approach to combat GBV. The Policy focuses on various forms of violence, including sexual, physical, domestic, emotional and psychological violence, harmful cultural practices and human trafficking. A monitoring and evaluation framework will accompany it to facilitate the strategic assessment of outcomes and impact.1343 While some countries include goals to combat SGBV in their national gender plans, other countries, such as Botswana, Egypt and Zimbabwe, have launched national strategies with the specific aim of combating human trafficking. The 2011–2013 National Plan of Action Against Trafficking of Egypt, for
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