AWD Report 2020
2.2. Trends in Legal, Policy and Institutional Reform 2.2.1. Legal Reforms During the AWD, several countries adopted laws addressing VAW, such as on domestic violence. In Uganda, the Domestic Violence Act of 2010 criminalises domestic violence and imposes penalties of a fine or imprisonment not exceeding two years or both on persons found guilty.1415 Under the Act, domestic violence includes physical, sexual, emotional, verbal, psychological and economic abuse.1416 In Seychelles also, the Domestic Violence Act, adopted in 2020, criminalises domestic violence. It defines domestic violence as engaging in acts such as emotional, verbal, psychological, physical, sexual or economic abuse, intimidation, harassment and entering the residence or property of a person without his or her express or implied consent, where the parties do not share the same residence.1417 It also states that the minister responsible for family affairs shall provide persons affected by domestic violence with services such as medical attention, counselling and immediate transportation to a shelter.1418 Tanzania’s Criminal Procedure Act of 2018 states that bail is not allowed for someone accused of committing VAW.1419 In Comoros, Law No. 14-036/AU of 2014, relating to the prevention and repression of VAW, was promulgated by Decree No. 15-058/PR in 2015.1420 Mauritius amended the Protection from Domestic Violence Act in 2016. Under this Act, the definition of domestic violence includes “compelling the spouse or the other person by force or threat to engage in any conduct or act, sexual or otherwise, from which the spouse or other person has the right to abstain.”1421 The Amended Act further protects victims of domestic abuse and increases punishments to perpetrators.1422 In 2018, Rwanda adopted Law No. 68/2018, which criminalises sexual harassment. The Law defines sexual harassment as “repeated remarks or behaviour of sexual overtones towards a person that either undermine, violate his/her dignity because of their degrading or humiliating character which creates against him/her an intimidating, hostile or unpleasant situation.”1423 A person convicted of such an act is liable to imprisonment and a fine. Kenya, Somalia and Uganda have adopted legislation to eliminate harmful practices, such as FGM, which remains a significant issue in the region. In 2011, Kenya adopted the Prohibition of FGM Act, which imposes penalties on perpetrators and anyone aiding and abetting FGM. Significantly, the Act also prohibits cross-border FGM. In 2018, the Somaliland Ministry of Religious Affairs issued a fatwa to condemn the most severe forms of the practice.1424 Uganda’s FGM Act of 2010 criminalises the practice and also states that anyone aware of FGM must report it.1425 In Sudan, the country’s new transitional government has outlawed FGM through Article 141 of the Amendment to the Criminal Act in 2020, criminalising anyone who performs FGM and imposing three-year prison sentences.1426,1427 Five East countries (Madagascar, Rwanda, Seychelles, South Sudan and Sudan) have passed legislation prohibiting human trafficking. In 2014 Madagascar passed Law No. 2014-040. The Law prohibits sex and labour tracking, including sexual exploitation and forced labour and child trafficking, and imposes penalties.1428 The Government of Rwanda adopted an Anti-Trafficking Law in 2018, explicitly criminalising sexual exploitation and labour trafficking.1429 Seychelles adopted the Prohibition of Trafficking in Persons Act of 2014, criminalising trafficking.1430 South Sudan’s Labour Act of 2017 forbids the illegal movement of people in and out of the country.1431 Several countries have passed legislation criminalising rape. In 2018, Somaliland adopted the Sexual Offences Bill, which criminalises sexual crimes such as rape, gang rape and sexual assault and provides sentencing guidelines.1432 Rwanda’s Law No. 68/2018 imposes penalties on offences such as sexual torture, physical and verbal abuse and threats, rape, sexual harassment and sexual violence against a spouse. For example, Article 114 on sexual torture states that any person who causes damage to the genital organs of another person commits an offence and, if convicted, is liable to a term of life imprisonment.1433
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