Make Every Woman Count
5.2. Trends in Legal, Policy and Institutional Reform 5.2.1. Legal Reforms Several countries in West Africa implemented legislative reform addressing VAW and harmful practices in the Decade. Five countries (Benin, Gambia, Guinea, Guinea-Bissau and Nigeria) have adopted legislation on FGM. In 2011, GuineaBissau passed the Federal Law to Prevent, Fight and Suppress Female Genital Mutilation of 2011.1546 This criminalises the act of FGM with penalties of up to five years imprisonment and a fine of FCFA 5 million (approximately US$ 9043 as of 4 July 2021).1547 In Benin, Law No. 2015-08 complements the 2003 Law Prohibiting FGM by providing a definition of FGM and stating an obligation to report.1548 In Gambia, a 2015 Amendment to the 2010 Women’s Act inserts a section on the prohibition of female circumcision, which also covers the promotion of FGM and failure to report it.1549 In Guinea, Article 259 of the 2016 Penal Code prohibits the practice of FGM by “traditional or modern methods,” hence covering FGM performed by medical practitioners.1550 Six countries (Burkina Faso, Cabo Verde, Gambia, Liberia, Nigeria and Sierra Leone) have enacted legislation that specifically addresses VAW in general or domestic violence. In Cabo Verde, the law defines domestic violence “as a public crime that can be brought to the attention of public authorities by anyone and that should be treated by the judiciary as a matter of urgency and priority.” In addition, the law does not limit violence to the context of marriage, and takes into account physical, psychological, sexual, moral and financial violence and sexual harassment.1551 In Gambia, Article 6 of the Women’s Act prohibits any form of VAW, whether in public or in private life.1552 In addition, Gambia stands out for having specific legislation regarding different forms of violence: the Sexual Offences Act, which criminalises every form of sexual assault, exploitation and harassment and expands the definition of sexual assault and other coercive acts to include circumstances where the survivor is coerced into the sexual acts; and the Domestic Violence Act, which provides protection for the survivors.1553 In 2019, Liberia passed legislation that criminalises acts of violence, including physical, sexual, economic, emotional and psychological abuse; spousal violence between husbands and wives; and violence between other forms of intimate partners.1554 After 14 years of vigorous campaigning, in 2015 Nigeria passed the Violence Against Persons Act, prohibiting domestic violence and abuse and imposing imprisonment and fines for those found guilty of such crimes.1555 Moreover, Sierra Leone’s Sexual Offences Act 2012 criminalises all forms of domestic violence, including marital rape and sexual abuse of women and girls. Specifically, the Act also prohibits forced sex in marital relationships and introduces a minimum sentence of five years for offenders.1556 In Togo, the Persons and Family Code was amended in 2012 and 2014 to include provisions on VAW within the private sphere.1557 Liberia, Niger, Senegal, Sierra Leone and Togo all have legislation on sexual harassment. In Liberia, the Decent Work Act of 2016 prohibits sexual harassment in the workplace.1558 Moreover, Executive Order #38 of 6 January 2012, establishing an administrative Code of Conduct for Members of the Executive Branch of Government in Liberia, contains provisions prohibiting sexual harassment in its Articles 1.2 and 11.3.1559 Some countries have made sexual harassment punishable by imprisonment. In 2015, the Togolese Criminal Code was amended through Law No. 2015-10, which made sexual harassment punishable by one to five years imprisonment and a fine of FCFA 100,000 to FCFA 5,000,000 (approximately US$ 180 - 9,043as of 4 July 2021) or one of these two penalties.1560 Moreover, the 2012 Sexual Offences Act of Sierra Leone criminalises distribution of child pornography online and sexual harassment, including harassment via electronic mail.1561 Eight countries (Benin, Cabo Verde, Côte d’Ivoire, Liberia, Mali, Nigeria, Senegal and Sierra Leone) implemented legislative reforms on human trafficking during the Decade. In Mali, Law No. 2012-023 clearly defines trafficking of persons punishes this and related practices.1562 Some countries have adopted legislation explicitly prohibiting and criminalising trafficking in persons. The 2015 Trafficking in Persons (Prohibition) Enforcement and Administration Act of Nigeria aims to provide an effective and comprehensive legal and institutional framework for the prohibition, prevention,
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