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4.2. Laws, Policies, Strategies/National Action Plans A. REGIONAL ANALYSIS .......................................................................................................................................................................... 188
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
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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
FIGURE 22.
MAP OF LEGAL AGE OF MARRIAGE AT 18 YEARS-OLD
Morocco Tunisia
Saharawi Arab Democratic Republic
Mauritania
Cabo Verde
The Gambia Senegal
Guinea-Bissau
Guinea
Sierra Leone
Liberia Algeria
Libya Egypt
Mali
Burkino Faso
Benin
Côte d’Ivoire Ghana
Togo Niger
Chad
Sudan
Nigeria
Cameroon Central African Republic South Sudan Eritrea
Ethiopia
Equatorial Guinea
São Tomé and Príncipe Gabon Republic of the Congo Uganda
Rwanda
Democratic Republic of the Congo Burundi Kenya
Tanzania Djibouti
Somalia
Seychelles
Legal minimum age of marriage is below 18, or legal exceptions to the minimum age exist. No plan or campaign against child marriage
Legal minimum age of marriage is below 18 or legal exceptions exist. There is a plan or campaign against child marriage
Legal minimum age of marriage is 18 without exception. There is no national plan or campaign against child marriage
Legal minimum age of marriage is 18 (or older) without exception. There is a national plan or campaign against child marriage
No Data
Sources: Girls Not Brides Atlas and UNICEF. Angola
Namibia Zambia Malawi
Mozambique Zimbabwe
Botswana
Eswatini
Lesotho
South Africa Comoros
Madagascar
Mauritius
example, provides a comprehensive approach to combat human trafficking through prevention, protection, prosecution and participation.1344
To combat early and child marriage, some states have implemented national campaigns and strategies. During the Decade, 28 countries held national launches of the AU Campaign to End Child Marriage.1345 Some, such as Mozambique and Zambia, also launched national strategies, primarily aimed at combating early and child marriage.
Many African countries have undertaken necessary institutional reform aimed at strengthening the protection of women and girls against violence and harmful practices. Most commonly, countries have implemented training sessions, for law enforcement institutions such as the police and the judiciary, on domestic violence, sexual violence and VAW policies and laws. Other countries, such as Zambia, have increased the protection of and services for victims of trafficking by providing shelters.
Several countries have strengthened institutional mechanisms, such as by introducing new departments or courts with a specific mandate relevant to combating violence against women and harmful practices. For example, in 2013, the Ministry of Interior of Egypt established the Department of Combating Violence Against Women. This aims to raise awareness, encourage women to report crimes of violence to the police, educate women on their rights and make support available.1346 Following the enactment of the Prohibition of FGM Act of 2011, in 2013 Kenya established the Anti-FGM Board.1347 Among the Anti-FGM Board’s functions is to advise the Kenyan government on matters relating to FGM and implementation of the Act and to design, supervise and coordinate public awareness programmes against the practice.1348 In 2014, the Ministry of Justice of Rwanda established a National Steering Committee composed of representatives from government and CSOs to fight human trafficking.1349
During the Decade, judicial rulings in, for example, Zimbabwe contributed to strengthening women’s rights and protection against violence and harmful practices, in particular concerning marriage and marital rape. In 2016, the Constitutional Court of Zimbabwe ruled that the minimum age of marriage was 18 – a significant step in protecting children, especially young girls, against child marriage. Married women’s rights were strengthened in 2010 when a judge in Botswana ruled that marital rape violated women’s rights.1350 In 2017, a public health professional in Kenya filed a petition challenging the constitutionality of the Prohibition of FGM Act on the grounds that Sections 5, 19, 20 and 21 were unconstitutional.1351 The petitioner argued that the Anti-FGM Law violated adult women’s right to practise their cultural beliefs and to do what they wanted with their bodies.1352 At the time of writing, the High Court in Kenya has not issued its ruling, which is expected in 2021. Concerning FGM, in 2018 the attorney general of Somalia announced the first prosecution against FGM following the death of a 10-year-old girl.1353 In 2020, a court in Eswatini heard a case of marital rape;1354 the ruling is pending.
