(2017) 1 African Human Rights Yearbook
17
Violence against women has also come under the radar of a number
of countries. Benin’s Prevention and Repression of Violence against
Women Act 2011 gives women protection against domestic violence,
FGM, forced marriages and other traditional harmful practices against
women. In Guinea Bissau and Angola, the Domestic Violence Act 2011
criminalises domestic violence as a public offence reportable to the
police by anyone. Liberia’s Rape Amendment Act raises the age of
statutory rape to 18 years and expands the definition of rape to include
sodomy rape and rape by instrumentality, thereby making rape genderneutral so that a woman can also be criminally liable for perpetrating
rape upon a man or another woman. Namibia’s Combating of Domestic
Violence Act 2003 broadly defines domestic violence to embrace
physical, sexual, economic, verbal, emotional and psychological
violence, intimidation and harassment. The Act defines rape as the
intentional commission of a sexual act under coercive circumstances,
and removes marriage or other relationship as a defence to a rape
charge.
In 2011 Guinea Bissau passed a law banning FGM. Ghana’s
Criminal Code Amendment Law 2012 punishes perpetrator and
accomplice of female circumcision. In 2015 The Gambia enacted a law
criminalising female genital circumcision. Malawi’s Deceased Estates
(Wills, Inheritance and Protection) Act 2011 repeals the earlier
contentious law on the subject and addresses the predicament of
widows and children regarding the administration of deceased estates.
These legislative measures taken in the several countries appear to
be based on the belief that fear of prosecution and imprisonment would
deter some forms of violence against women. But it is doubtful that
these measures in and by themselves sufficiently address the issue of
extrajudicial killings of women in the context of intimate partner
relations. Further, domestic violence statutes deal with only aspects of
domestic violence and, arguably, problems of extrajudicial killings that
are merely consequential to other forms of violence. The statutes are
likely to be of little help in cases of purposive extrajudicial killings of
women. In South Africa, at least, feminists argue that the law has not
made the link between the law’s protection of women and the court’s
treatment of perpetrators of gender violence. They contend that
femicide is usually the tragic fate of an abused woman who has been
trapped in a dangerous relationship and whom the law was unable to
protect, and that the courts often treat such killings leniently.57
Most African countries have at least two systems of law, statutory
and customary (defined in some countries as including Muslim law).
Problems, especially in personal law matters, often emerge due to the
co-existence and operation side by side of both systems.58 Conflicts and
57
J Fedler et al ‘Beyond the facelift: the legal system’s need for a change of heart’ in
Y Park et al (eds) Reclaiming women’s spaces: new perspectives on violence against
women and sheltering in South Africa (NISAA Institute for Women’s Development:
Johannesburg 2000) 135.
58
C Anyangwe ‘The withering away of African indigenous law and judicial system’
(1998) Zambia Law Journal, Special Edition 46; J Stewart & A Armstrong (eds) The
legal situation of women in Southern Africa (University of Zimbabwe: Harare 1990).