Make Every Woman Count
1.2. Trends in Legal, Policy and Institutional Reform 1.2.1. Legal Reforms During the Decade, several Central African countries implemented legal reforms addressing VAW and harmful practices. Some countries (Burundi, Central African Republic, Chad, São Tomé and Príncipe) have individual legislation in place; however, most countries have revised their penal codes. In particular, six countries (Burundi, Cameroon, Central African Republic, Chad, Gabon, São Tomé and Príncipe) have strengthened legislation by updating penal codes to criminalise a wide range of offences constituting VAW, such as rape and assault, with some penal codes addressing domestic violence as well as harmful practices. Article 87 of the 2010 Penal Code of Central African Republic defines rape as “any act of sexual penetration, of any kind, committed on the person of another by violence, coercion, threat or surprise.”1359 Under the Code, anyone who commits the crime of rape will be punished by forced labour; in cases involving a person under 18, the perpetrator will receive the maximum sentence.1360 FGM is prohibited under the 2017 revised Penal Code of Chad. The revised Code doubles the punishment for repeat offenders and gives a judge the power to close premises and to institute a ban in the case of a medical establishment.1361 Additionally, the revised Penal Code (Act No. 2016/007) of Cameroon establishes new offences relating to VAW.1362 It prohibits genital mutilation, sexual harassment and denial of pension or forced eviction of a surviving spouse.1363 Burundi’s 2017 Penal Code reinforces its 2016 GBV Law (Law 1/13). Four countries (Burundi, Central African Republic, Chad, São Tomé and Príncipe) have specific provisions on domestic violence. Concerning legal reforms during the AWD, Burundi’s 2016 Law 1/13 on the Protection of Victims and the Prevention and Punishment of Sexual and Gender-Based Violence stands out as it addresses both domestic violence and marital rape. Under the Law, domestic violence includes physical, economic, sexual and psychological violence arising within the family or home.1364 Furthermore, it considers a domestic relationship between the victim and perpetrator as an aggravating circumstance (Article 26).1365 The Law also criminalises marital rape. Anyone found guilty of marital rape is punished with imprisonment of 15–30 days and/or a fine (Article 27).1366 In addition to its revised Penal Code, Chad gave legal effect in 2018 to its 2002 Reproductive Health Law,1367 which prohibits domestic violence and sexual abuse (Article 9).1368 During the AWD, six countries (Burundi, Cameroon, Central African Republic, Chad, Gabon, São Tomé and Príncipe) revised their penal codes to criminalise sexual harassment São Tomé and Príncipe’s Penal Code of 2012 specifically mentions sexual harassment in the workplace, imposing a punishment of up to three years’ imprisonment.1369 Cameroon’s revised Penal Code of 2016 defines sexual harassment as someone abusing their authority to harass others using orders, threats, coercion or pressure to obtain sexual favours (Section 302-1).1370 It attracts a punishment of six months to one year of imprisonment and a fine. The severity of the punishment increases if the victim is a minor, and when the offender is in charge of the education of the victim. 1371 Notably, Gabon revised its Penal Code in 2019. Under offences that “constitute offenses against morals,” the Penal Code now criminalises sexual harassment with imprisonment up to six months and a fine.1372 In order to combat the high rates of child marriage and FGM across the region, several Central African countries implemented specific reforms during the Decade. Six countries (Burundi, Cameroon, Chad, Congo Republic, DR Congo and Gabon) have adopted legal reforms addressing child marriage, early marriage and forced marriage. In 2010, Congo Republic introduced the Child Protection Law, which criminalises forced child marriage.1373 All countries have varying provisions that could be used to combat FGM. During the AWD, five countries (Burundi, Cameroon, Central African Republic, Chad and Congo Republic) adopted legal reforms criminalising FGM. The 2010 Penal Code of Central African Republic criminalises FGM with imprisonment for anyone who practises it via traditional or modern methods or has knowledge of it.1374
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