5.3. Challenges and Gaps B. CASE STUDIES ......................................................................................................................................................................................... 212

Policy plans on FGM have also been enacted across the West African region. Burkina Faso adopted the National Action Plan on the Elimination of FGM 2010-–2015, and the National Strategic Plan 2016–2020 aims to reduce the prevalence rate by 20%. Gambia has incorporated training and sensitisation on FGM in the curriculum of the nursing school.1590

Many West African countries adopted institutional reform on VAW and harmful practices during the AWD. Liberia and Sierra Leone stand out in terms of their provisions to increase women’s access to justice. In Liberia, two criminal courts were established, in the counties of Montserrado and Nimba, to hear rape cases exclusively.1591 In Sierra Leone, the Ministry of Social Welfare, Gender and Children’s Affairs and the police set up a National Committee on GBV in 2010, to ensure implementation of the National Gender Plan. Moreover, the government created family support units – specialised units embedded in police stations across the country to investigate child abuse and VAW.1592 Notably, the Sierra Leonean government set up a Constitutional Review Committee in 2016 that highlighted the key contestations related to harmful practices that need to be addressed.1593

Other countries have also implemented specific programmes aimed at supporting survivors of sexual violence, including measures to increase access to justice and ensure adequate care. In terms of the latter, Senegal’s 2017–2021 Action Plan for the Eradication of GBV and the Promotion of Human Rights aims to guarantee “free assistance and psychological support for victims.”1594 In 2010, Mali created 10 safe houses for women and children (two in the capital Bamako and eight in the regional capitals); in 2018, a one stop centre designed for survivors of VAW was built. In the same vein, the Malian government built women’s houses for counselling of victims of VAW in 2018.1595 The Government of Sierra Leone’s measures include free medical examinations for all victims of VAW and special family support units within police stations across the country. Moreover, in Sierra Leone, where an incident is reported every 48 hours, the president proclaimed rape and sexual violence a national emergency in 2018 and has pledged to implement further appropriate measures.1596

Some countries in the region have also made strides in training their police force to deal with VAW. In 2012, the Nigerian police launched a Gender Policy to check the occurrence of VAW within the police or by its officers. Similarly, since 2016, Senegal has developed tools for the continuous training of health personnel and vast awareness programmes for magistrates and judicial police officers, specifically on the content of the law prohibiting excision. Moreover, Senegal and Togo have gradually integrated the issue of VAW into school curricula.

Guinea 80.0% Senegal 78.0% Benin 68.6%

Sierra Leone 45.3% Liberia 38.5% Mali 34.6%

Côte d'Ivoire 25.9% Ghana 24.4%

Figure 28 West 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)

Togo 22.1%

Gambia 20.1% Nigeria 16.2%

No data available for Cabo Verde, Guinea-Bissau, and Niger. Source: OECD (2020) “Violence against women (indicator)” .

Burkina Faso 11.5%

5.3. Challenges and Gaps

Observing the trends, some gaps and contestations emerge. While many West African countries have taken steps to curb VAW and harmful practices, such practices remain prevalent. No existing legislation in certain areas and weak legal provisions in others can, in part, explain the persistence of these practices. During the AWD, some countries adopted constitutional provisions on harmful practices; others did not. In the latter, the national constitutions focus mainly on ensuring the “security of the person” from degrading acts and equality regardless of gender.

Second, some West African countries do not have any legislation related to domestic violence. Legislative provisions often address violence in general terms. For example, Article 297 of the Senegalese Criminal Code prohibits deliberate injuries or assaults or the committing of any other violence and imposes fines and imprisonment.1597 Similarly, in Mali, while the law does not criminalise domestic violence, the Penal Code criminalises physical assault. Moreover, conflicting legal systems result in uneven protection of women against domestic violence. Under customary law, spousal abuse aimed to discipline may be permitted and often is not criminalised.

In addition, while laws aim to protect women and girls against violence and harmful practices, such practices are still widespread within many West African countries. This owes to weak enforcement, partly because of strong traditions and customs within the private sphere and culturally accepted norms that dissuade women from seeking justice.

A third gap concerns marital rape. While in many West African countries rape is criminalised under the penal code, laws lack specific provisions prohibiting marital rape. For example, while the Nigerian Penal Code states that whoever commits the rape will be punished (Article 284),1598 this does not explicitly address marital rape. In Burkina Faso, under Article 533-12 of the Penal Code, marital rape is not criminalised unless it is committed repeatedly or when a partner is physically unable to engage in sexual intercourse, and sanctions it only with a fine.1599 Thus, many West African women lack legal protection against marital rape.

While many countries have undertaken legal and policy reforms on FGM, not all have specific legislation prohibiting it. Although Mali has the highest FGM prevalence in the region, there is no law prohibiting the practice.1600 In some countries, attempts to introduce such legislation have been unsuccessful. In Liberia, for example, the 2016 Domestic Violence Bill aimed in part to criminalise FGM; however, the clause concerning FGM was removed when voted on in Parliament.1601 FGM remains widespread in the country: reportedly, around half of Liberia’s 17 ethnic groups practise it.1602 Where FGM laws exist, they are often poorly enforced. For example, while the 2015 Violence Against Persons Act in Nigeria prohibits and penalises all those who perform FGM, it is not applied consistently, and only 12 states have reportedly banned FGM.1603 In Sierra Leone, the law does not criminalise FGM; however, the Child Rights Act states that no person may subject a child to cultural practices that dehumanise or are injurious to the physical and mental welfare of a child.1604 In 2015, the Ministry of Social Welfare, Gender and Children’s Affairs of Sierra Leone signed a memorandum of understanding with traditional leaders who practise FGM, whereby the latter committed to not initiate girls under 18 years of age.1605 In Côte d’Ivoire, the Penal Code does not specifically criminalise and punish anyone else for failing to report FGM, whether it has taken place, is taking place or is planned.1606 Weak law enforcement also means few cases are brought to court, and convictions are rare and sentences lenient.

Cyber harassment, non-consensual sharing of intimate images (also referred to as “revenge porn”) and cyber stalking are growing concerns for women in the West African region. Although Benin (Digital Code of 2018) and Nigeria (Cybercrimes Act of 2015) have laws on data protection and prohibiting cybercrime, most West African countries do not have legislation prohibiting online violence against women.

Finally, legal protection against child marriage is weak in many countries. In some countries, this can be explained partly by conflicting laws. For instance, in Liberia, the Domestic Relations Law 1973 sets 18 years as the minimum legal age for marriage for women. However, the Equal Right of the Traditional Marriage Law of 1998 allows girls to marry at the age of 16.1607 Other times, marriage before the legal age is permitted with the consent of the parents or a judge may grant a waiver for marriage of children under the legal age. In Togo, the 2012 Personal and Family Code sets the legal marriage age for both women and men at 18 years old; however, a judge can grant an age waiver for the marriage of children who are 16 years old, based on “substantial grounds.”1608 Multiple legal systems result in conflicting provisions on the minimum age of marriage.