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

Some East African countries have implemented legislation on cybercrimes to address the increase in OVAW, such as harassment, stalking and distribution of images without consent. In 2011, Uganda passed the Computer Misuse Act, which criminalises cyber stalking and cyber harassment. Under Article 24, cyber harassment is defined as using a computer to make “any request, suggestion or proposal which is obscene, lewd, lascivious or indecent, or threaten to inflict injury or physical harm to the person or property of any person.”1434 Any person found guilty of committing cyber harassment is liable to a fine or imprisonment not exceeding three years or both. Ethiopia passed the Computer Crime Proclamation (958/2016) in 2016. This criminalises online acts to “intimidate, threaten, or cause fear, threat or psychological strain.” It also prohibits the dissemination of content that may damage the reputation and honour of a person.1435 In Kenya, the 2018 Computer Misuse and Cybercrimes Act includes criminalises cyber harassment and prohibits digital transfer or publication of “intimate or obscene images.”1436

2.2.2. Policy and Institutional Reforms

Throughout the Decade, East African countries implemented policy reforms to eliminate harmful practices. Uganda’s National Strategy on Ending Child Marriage and Teenage Pregnancy 2014/15–2019/20 prioritises ending child marriage in the country.1437 Eritrea (2016),1438 Kenya (2017),1439 Madagascar (2015),1440 Sudan (2015),1441 and Uganda (2015)1442 all established national campaigns as part of the AU’s Campaign to End Child Marriage in Africa.

In 2019, Ethiopia, Kenya, Somalia, Tanzania and Uganda adopted a joint Declaration and Action Plan to address FGM. These are notable as they also address cross-border FGM. The Plan of Action includes priority areas such as improving legislative and policy frameworks and the environment to end cross-border FGM, and effective and efficient coordination and collaboration among the five countries to end FGM within their borders.1443 Notably, the Government of Kenya has taken further steps to eradicate FGM. In 2019, Kenya adopted the National Policy for the Eradication of FGM. This adopts a multi-sectoral approach to accelerate the eradication of FGM and seeks to address trends and practices aimed mainly at avoiding the enforcement of Kenyan law on FGM.1444 Furthermore, in 2019, President Kenyatta pledged to eliminate FGM in Kenya by 2022.1445 In 2019, Ethiopia launched a five-year National Roadmap to End Child Marriage and FGM. This includes key strategies, approaches and evidence-based interventions to achieve the national target to eliminate child marriage and FGM by 2025.1446

Several East African countries have also implemented essential policy reforms to eliminate VAW. The Ugandan National Policy and Action Plan on Elimination of GBV, adopted in 2016, aims to guide stakeholders in the country to improve and expand programmes to prevent and respond to all forms of GBV.1447 The Government of South Sudan ahs developed the Standard Operating Procedures for Prevention and Response to SGBV, which establishes roles and responsibilities of all institutions involved in the prevention, protection and response to GBV.1448 In Mauritius, the National Action Plan on Intimate Partner Violence 2019–2022 establishes a roadmap to fight intimate partner violence and protect victims and survivors.1449 The Plan focuses on five areas: legislation and prosecution; prevention; capacity-building; service delivery; and M&E.1450 Madagascar has implemented the National Strategy for the Fight Against GBV 2017–2021. Other countries have strategies to eliminate GBV, such as Seychelles, through its National Plan of Action and the National Gender Plan of Action 2019–2023.1451

Several countries have undertaken institutional reforms to strengthen the implementation of national strategies and laws, and to increase the protection of women from violence and prevent harmful practices. In Seychelles, the GBV Working Group, launched in 2010, meets quarterly to oversee activities in the GBV National Plan of Action.1452 South Sudan has created units to protect survivors of VAW, prosecute perpetrators, contribute to the reduction of incidence and increase police responsiveness.1453 In 2015, Mauritius set up the National Coalition Against Domestic Violence Committee under the aegis of the prime minister. Its role includes ensuring an appropriate framework for the protection of victims of domestic violence and keeping updated statistics.1454 In Rwanda, the Ministry of Justice established a National Steering Committee to fight human trafficking in 2018. This comprises representatives of government institutions and CSOs.1455 The Ministry of