1.3. Challenges and Gaps 2. EAST AFRICA ........................................................................................................................................................................................... 194

of the legal, institutional and policy framework; development of a communications and mobilisation campaign; improvement of access to services and attention to victims/survivors; capacity-building of social agents; improvement of infrastructure; and improvement of coordination, monitoring and evaluation.1388

During the AWD, many Central African countries also undertook institutional reform related to VAW and harmful practices. Many countries have introduced reforms to increase access to justice. Burundi, Cameroon, Congo Republic and DR Congo all undertook institutional reform to strengthen the law enforcement (police) response in cases of VAW. Congo Republic created special units within police stations to deal with VAW and dedicated phone lines to allow anonymous reporting.1389 Burundi established gender focal points in all police stations and in courts of appeal, courts of first instance and public prosecutor’s offices.1390 Cameroon established gender desks dedicated to the prevention and care of survivors within three different police stations.1391 Chad also established help centres for survivors of VAW.1392 To address trafficking, DR Congo established a National Committee on Combating Trafficking in Persons and Migrant Smuggling within the Ministry of Internal Affairs in 2019.1393 In 2018, Central African Republic established the National Committee to Combat Gender-Based Violence and Traditional Practices Harmful to Women, including forced marriage.1394 The National House of Women in Chad, inaugurated in 2014, provides awareness-raising, training, supervision and psychosocial care of victims of violence.1395

1.3. Challenges and Gaps

The analysis of trends in legal, policy and institutional reform concerning VAW and harmful practices reveals progress but also highlights challenges and gaps. First, not all Central African countries have legal provisions on VAW and harmful practices. For example, in some Central African countries the law does not prohibit domestic violence.

In most countries in the region, except for Burundi and São Tomé and Príncipe, marital rape is not criminalised. Although there are laws criminalising rape, these often do not include provisions explicitly criminalising marital rape. For example, while Cameroon’s Law No. 2016/007 criminalises attacks on women, such as rape (Article 296), it does not consider marital rape.1396 Moreover, there are delays in adopting legislation on VAW in some countries. For example, in 2015, the Committee on the Elimination of Discrimination Against Women urged Equatorial Guinea to adopt and enforce the Comprehensive Protection Bill to Prevent, Punish and Eliminate Violence Against Women.1397 Based on the sources consulted, it does not appear that this Bill has become law. Similarly, Republic of Congo has not yet passed a draft bill combatting violence against women and girls.1398

While all countries, except DR Congo1 and São Tomé and Príncipe, have laws on trafficking in persons, the practice continues, in some instances because of inadequate enforcement of existing laws. While Chad’s Law 06/PR/2018 designated the National Committee to Combat Trafficking in Persons as the lead entity in this regard, at the time of writing the government has not yet officially established or staffed this.1399 Moreover, in countries where laws on trafficking exist, these do not criminalise all forms of trafficking. For example, Gabon’s amended Penal Code 2019 criminalises only a few forms of sex and labour trafficking.1400 Additionally, some countries do not have strategies to combat trafficking in person, and lack or resources and coordination mean few cases are prosecuted.

Second, prevalence of child marriage remains high in the region. All countries, except Gabon, have set the legal age of marriage at 18. However, exceptions in the law, such as for parental, guardian or court consent, mean girls can be married under the age of 18. Equatorial Guinea sets the legal age of marriage at 18 but a judge can waive this to 14 years with parental and the minor’s consent.1401 While the Family Code of Central African Republic explicitly sets the age at 18 for both parties, it also allows exceptions to this. Notably, the general prosecutor can grant an exception for “serious

1 DR Congo lacks a comprehensive bill on human trafficking, however individual legislation is reportedly before the National Assembly for adoption” U.S. Department of State (2020) “Trafficking in persons report, 20th edition”, p. 164.

reasons at the request of the interested party.”1402 The broadness of the term “interested party” and the undefined nature of “serious reasons” leaves gaps here. Moreover, in countries where child marriage is a crime, the practice continues often with impunity. In 2017, the UN Human Rights Council Working Group observed that, while child marriage is a criminal offence in Chad, it continues to go wholly unpunished.1403 Additionally, the existence of conflicting legal systems in many countries hampers the eradication of child marriage. Moreover, few countries in Central Africa implemented national strategies or campaigns to eradicate child marriage during the AWD.

Third, despite efforts to eliminate it through legislative and policy reforms, FGM continues to be practised, in part because of gaps in legal frameworks and weak law enforcement. While the 2016 Revised Penal Code of Cameroon criminalises genital mutilation, it does not have an “explicit definition of FGM nor reference solely female genitalia.”1404 Moreover, the Code provides exceptions when the act is “performed by a qualified person and where to save a life.”1405 In countries where FGM is prohibited, the practice continues underground and across borders.1406 Lack of data hampers understandings of how prevalent cross-border FGM is. Insufficient resources and institutional capacity may limit the impact of the implementation of national strategies such as combatting FGM.

Finally, as the number of internet users, particularly through smartphones, grows in the Central African region, online violence against women (OVAW) increases. Few countries in the Central African region have adopted and enforced laws to prohibit OVAW. While the 2010 Law on Cybersecurity and Cybercrimes of Cameroon contains provisions on child pornography (Article 81), it does not contain any prohibitions on OVAW.1407

Conflict and unrest in the region disproportionately affect women and girls, who are at a higher risk of VAW, trafficking, sexual abuse and exploitation. The unstable environment also hinders the development and implementation of legal, policy and institutional reform. In Cameroon, for example, several women and girls have been kidnapped, raped and forcibly married by Boko Haram.1408 Many survivors do not report VAW, such as rape or violence, owing to stigma or fear of reprisal from perpetrators.1409 Patriarchal societies and firmly held beliefs contribute to the high prevalence of VAW, such as domestic violence and harmful practices such as FGM.