5.2. Trends in Legal, Policy and Institutional Reform

5.2.1. Legal Reforms

Several countries in West Africa implemented legislative reform addressing VAW and harmful practices in the Decade. Five countries (Benin, Gambia, Guinea, Guinea-Bissau and Nigeria) have adopted legislation on FGM. In 2011, GuineaBissau passed the Federal Law to Prevent, Fight and Suppress Female Genital Mutilation of 2011.1546 This criminalises the act of FGM with penalties of up to five years imprisonment and a fine of FCFA 5 million (approximately US$ 9043 as of 4 July 2021).1547 In Benin, Law No. 2015-08 complements the 2003 Law Prohibiting FGM by providing a definition of FGM and stating an obligation to report.1548 In Gambia, a 2015 Amendment to the 2010 Women’s Act inserts a section on the prohibition of female circumcision, which also covers the promotion of FGM and failure to report it.1549 In Guinea, Article 259 of the 2016 Penal Code prohibits the practice of FGM by “traditional or modern methods,” hence covering FGM performed by medical practitioners.1550

Six countries (Burkina Faso, Cabo Verde, Gambia, Liberia, Nigeria and Sierra Leone) have enacted legislation that specifically addresses VAW in general or domestic violence. In Cabo Verde, the law defines domestic violence “as a public crime that can be brought to the attention of public authorities by anyone and that should be treated by the judiciary as a matter of urgency and priority.” In addition, the law does not limit violence to the context of marriage, and takes into account physical, psychological, sexual, moral and financial violence and sexual harassment.1551 In Gambia, Article 6 of the Women’s Act prohibits any form of VAW, whether in public or in private life.1552 In addition, Gambia stands out for having specific legislation regarding different forms of violence: the Sexual Offences Act, which criminalises every form of sexual assault, exploitation and harassment and expands the definition of sexual assault and other coercive acts to include circumstances where the survivor is coerced into the sexual acts; and the Domestic Violence Act, which provides protection for the survivors.1553 In 2019, Liberia passed legislation that criminalises acts of violence, including physical, sexual, economic, emotional and psychological abuse; spousal violence between husbands and wives; and violence between other forms of intimate partners.1554 After 14 years of vigorous campaigning, in 2015 Nigeria passed the Violence Against Persons Act, prohibiting domestic violence and abuse and imposing imprisonment and fines for those found guilty of such crimes.1555

Moreover, Sierra Leone’s Sexual Offences Act 2012 criminalises all forms of domestic violence, including marital rape and sexual abuse of women and girls. Specifically, the Act also prohibits forced sex in marital relationships and introduces a minimum sentence of five years for offenders.1556 In Togo, the Persons and Family Code was amended in 2012 and 2014 to include provisions on VAW within the private sphere.1557

Liberia, Niger, Senegal, Sierra Leone and Togo all have legislation on sexual harassment. In Liberia, the Decent Work Act of 2016 prohibits sexual harassment in the workplace.1558 Moreover, Executive Order #38 of 6 January 2012, establishing an administrative Code of Conduct for Members of the Executive Branch of Government in Liberia, contains provisions prohibiting sexual harassment in its Articles 1.2 and 11.3.1559

Some countries have made sexual harassment punishable by imprisonment. In 2015, the Togolese Criminal Code was amended through Law No. 2015-10, which made sexual harassment punishable by one to five years imprisonment and a fine of FCFA 100,000 to FCFA 5,000,000 (approximately US$ 180 - 9,043as of 4 July 2021) or one of these two penalties.1560 Moreover, the 2012 Sexual Offences Act of Sierra Leone criminalises distribution of child pornography online and sexual harassment, including harassment via electronic mail.1561

Eight countries (Benin, Cabo Verde, Côte d’Ivoire, Liberia, Mali, Nigeria, Senegal and Sierra Leone) implemented legislative reforms on human trafficking during the Decade. In Mali, Law No. 2012-023 clearly defines trafficking of persons punishes this and related practices.1562 Some countries have adopted legislation explicitly prohibiting and criminalising trafficking in persons. The 2015 Trafficking in Persons (Prohibition) Enforcement and Administration Act of Nigeria aims to provide an effective and comprehensive legal and institutional framework for the prohibition, prevention,

detection, prosecution and punishment of human trafficking and related offences. It also protects victims of human trafficking and promotes and facilitate national and international cooperation to meet these objectives.1563 In other countries, prohibition and criminalisation of trafficking are addressed in the penal code. Benin’s new Penal Code in 2012 criminalises trafficking of adults for sexual exploitation and labour.1564 In 2016, Côte d’Ivoire adopted a law encompassing trafficking for sexual exploitation and labour and smuggling migrants and organ trafficking.1565 In Cabo Verde, the 2015 Penal Code revision improves victim’s protection. The Revised Code establishes that the victim will not be criminally responsible for entering into the national territory illegally or participating in any capacity in illegal activities when these are a direct consequence of their victim situation.1566 Transnational cooperation has been implemented by Benin, Burkina Faso and Côte d’Ivoire to facilitate law enforcement and coordination.1567

OVAW is becoming more prevalent across West Africa. In 2020, the Parliament of Ghana passed the Cybersecurity Act. In addition to setting cyber security standards and enforcement and protecting children online, the Act also prohibits nonconsensual sharing of intimate images, threats to distribute intimate images or visual recordings and sexual extortion. A person found guilty of distributing an intimate image without the consent of the person depicted may be convicted of “a term of imprisonment of not less than one year and not more than three years” (Article 67).1568 The 2016 Law Amending the Criminal Code of Senegal makes it a crime to intentionally violate “other people’s rights to privacy by sharing their private images without their consent.”1569

5.2.2. Policy and Institutional Reforms

During the AWD, Benin (2017),1570 Burkina Faso (2015),1571 Gambia (2016),1572 Ghana (2016),1573 Guinea (2017),1574 Liberia (2016),1575 Mali (2015),1576 Niger (2014),1577 Nigeria (2016),1578 Senegal (2016)1579 and Sierra Leone (2016)1580 launched national campaigns as part of the AU Campaign to End Child Marriage in Africa. Most notably, in Mali, a national committee to monitor actions and evaluations of the national campaign was formed in 2017.1581 Moreover, in 2016, Niger set up a national committee to coordinate actions to end child marriage by harmonising nationwide measures against child marriage and elaborating a multi-sector and multi-actor action plan against the practice.1582 In Togo, the 2014-2019 National Programme Against Child Marriage and Teenage Pregnancy was designed to provide social protection to girls who are married as children.1583 Moreover, in 2015, Togo used radio, television, documentaries and printed media to promote its campaign against Sexual Violence and Early Pregnancy of Young Girls.1584

Support for victims and survivors of VAW is one major aspect of the policies countries have developed. In Benin, counselling centres have been established in cities,1585 and in Burkina Faso reception points with specialised officers have been set up in police stations.1586 Raising awareness and training are another important feature of the policies developed. In Benin, the government has trained members of the judiciary throughout the country in procedures for supporting survivors of VAW.1587 In Cabo Verde, police officers, journalists and health professionals have received training on VAW.1588 Most notably, Nigeria has made progress in implementing innovative enforcement mechanisms. For example, in 2018, the Nigeria National Agency for the Prevention of Trafficking in Persons created an i-report mobile application for people to report human trafficking in the country. In 2019, the Agency created a register to keep track of offenders.1589