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3.2. Trends in Legal, Policy and Institutional Reform

3.2.1. Legal Reforms

Over the Decade, all North Africa governments, except for Sahrawi Arab Democratic Republic (no data found), took steps to combat VAW and harmful practices by passing legislation to protect women and girls. In 2014, the Parliament of Morocco voted to repeal the controversial law that allowed a rapist to escape punishment by marrying the victim.1466

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Following the Arab Spring, three countries (Algeria, Egypt and Tunisia) adopted legislation that addresses VAW. In 2015, Algeria passed Law No. 15-19 criminalising domestic violence. This Law amended the Penal Code and increased penalties for some offences involving spouses.1467 Under the revised Penal Code, verbal and emotional abuse, even if these do not result in physical injury, are criminalised.1468 In 2017, Tunisia adopted Law No. 58 on Eliminating Violence Against Women. This applies to all forms of violence, such as physical, sexual, economic and political violence, and adopts the internationally agreed-on definition of VAW consistent with the Declaration on the Elimination of Violence Against Women.1469 To encourage women to report sexual violence, in 2020 Egypt introduced a law protecting the identity of women who come forward to report sexual harassment or assault.1470

Two countries (Egypt and Mauritania) have experience with FGM. The Government of Egypt has passed legislation to combat FGM. Decision No. 271 prohibits the practice in hospitals and clinics in Egypt, and Act No. 78 of 2016 amended the Penal Code, which now makes performing FGM punishable by imprisonment of five to seven years; if the act of FGM leads to the death of the victim or permanent disability, the sentence shall be 15 years.1471

Four countries (Algeria, Egypt, Morocco and Tunisia) have all adopted legislation to combat human trafficking. In Morocco, Law No. 27.14 on Combating Trafficking in Persons of 2016 amended the Penal Code by inserting new provisions and imposing new penalties. In 2016, Tunisia passed Organic Law No. 61 on Preventing and Combating Trafficking in Persons, implementing the country’s obligations under the Palermo Protocol and providing a comprehensive definition of trafficking. The Law is significant in that it prohibits all forms of exploitation that persons can be subjected to, especially women and children, and includes provisions on preventing trafficking and protecting and assisting victims. It also imposes penalties for trafficking that range from 10 years to life imprisonment. Furthermore, the Law stipulates establishment of a national committee to develop a national strategy to prevent and combat trafficking in persons and to propose mechanisms for assistance and protection.1472

3.2.2. Policy and Institutional Reforms

Governments have adopted policy reforms that address VAW and harmful practices. Five countries (Egypt, Libya, Mauritania, Morocco and Tunisia) adopted national strategies to combat VAW during the Decade. In 2015, Tunisia adopted the National Action Plan for the Elimination of Violence Against Women.1473 This aims to disseminate information and improve the delivery of services to domestic violence survivors.1474 Both Egypt and Mauritania have adopted strategies on FGM. Mauritania has adopted two strategies covering FGM: the National Strategy on Reproductive Health 2016–2020, which recognises FGM as a health concern, and the Strategy on Accelerated Growth and Prosperity 2016–2030.1475 In addition to the National FGM Abandonment Strategy 2016–2020, Egypt adopted the National Action Plan Against Trafficking 2011–2013 and the National Strategy for Prevention of Early Marriage 2015–2020.

All countries, except for Sahrawi Arab Democratic Republic, have implemented institutional reforms that address VAW and harmful practices. Most countries in region established GBV units during the Decade. Some countries (Algeria, Egypt and Morocco) have implemented training courses for public employees on how to assist victims of violence. Morocco has adopted several mechanisms: training programmes for the police and the judiciary on helping female victims of violence; special units in the police and judiciary to support women; and mechanisms in courts of first instance to

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