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

During the AWD, some countries included reforms combatting other forms of harmful practice, particularly harmful ceremonies and practices related to widowhood. Central African Republic’s Penal Code of 2010 criminalises acts such as beatings, violence and the depriving of food.1375 Burundi’s 2016 GBV Law criminalises cultural practices such as levirate marriages.1376

During the Decade, several Central African countries implemented laws to combat trafficking in persons. Burundi (2014), Cameroon (2011), Chad (2018) and Congo Republic (2019) have adopted individual legislation related to the prevention and repression of trafficking in persons. Meanwhile, Central African Republic (2010) and Gabon (2019) address trafficking offences in their penal codes. Gabon’s revised Penal Code 2019 explicitly included a trafficking in person’s offence for the first time.1377 Ordinance No. 006 /PR/2018 of 2018 on the Fight Against Trafficking in Persons in the Republic of Chad criminalises trafficking. Under this Ordinance, trafficking means the recruitment, transport, transfer, harbouring or reception of persons, by the threat or the use of force or other forms of coercion, by kidnapping, fraud, deception, abuse of authority or a situation of vulnerability or by offering or accepting payments or benefits to obtain the consent of a person having authority over another for the purpose of exploitation. Exploitation covers both labour and sexual exploitation.1378 In 2011, Cameroon adopted Law No. 2011/024 Relating to the Fight Against Trafficking and Trafficking in Persons. The Law applies to trafficking in persons for the purposes of the exploitation or procuring of persons, including sexual exploitation, exploitation of the labour of persons or forced services, slavery or similar practices, servitude or organ harvesting. Anyone convicted is punished by imprisonment and a fine. If the perpetrator is either an ascendant, a guardian or a person providing customary custody of the victim, the penalties are doubled.1379 Figure 24 Central Africa: women who have experienced physical and/or sexual violence from an intimate partner at some time in their life, 2019 (% of ever-partnered women)

Equatorial Guinea 56.9% Cameroon 51.1% DR Congo 50.7%

Gabon 48.6%

Chad 28.6% Burundi 46.7% Central African Republic 29.8%

No data available for Congo Republic and São Tomé and Príncipe. Source: OECD (2020) “Violence against women (indicator)” .

1.2.2. Policy and Institutional Reforms

Throughout the AWD, countries in the region undertook various reforms and campaigns to eradicate VAW and harmful practices. Cameroon (2016),1380 Chad (2015),1381 Gabon (2017)1382 and DR Congo (2016)1383 launched national campaigns as part of the AU’s Campaign to End Child Marriage in Africa. Chad also adopted the Roadmap to Ending Child Marriage and FGM 2019–2023. DR Congo’s five-year National Action Plan to Combat Child Marriage (2017–2021) aims to better protect and support children and reduce the number of marriages before age 18.1384 The Plan also seeks to improve the legal and regulatory framework for child protection and sensitise families, children and community and other leaders on early and child marriage consequences.1385

Several countries, such as Burundi, Cameroon, DR Congo and São Tomé and Príncipe, have implemented national plans aimed at eradicating VAW. The DR Congo National Roadmap of the Call to Action for Protection Against Gender-Based Violence 2018–2020 takes a multi-sectoral approach. It focuses on, among others, strengthening policies and institutional standards to fight GBV and for gender equality, improving the effectiveness of the fight against GBV and mitigating risks of GBV in emergency and humanitarian situations.1386 The 2012 National Strategy to Combat Violence Against Women in Cameroon established health and financial assistance for victims, set up a hotline for victim support and the reporting of cases and implemented awareness-raising activities at the national and local levels.1387

Cameroon, Central African Republic and Chad adopted specific strategies to eradicate FGM. Chad, for example, implemented the Costed Roadmap for Ending Child Marriage and Female Genital Mutilation 2019–2023. This focuses on six pillars: consolidation