Gender-based Violence Research Paper

Fund, Respond, Protect, Collect: A Desktop Review of the legal and policy frameworks that address gender-based violence in Africa Masana Malaudzi Programmes Director, Sonke Gender Justice

RESEARCH PAPER

RESEARCH PAPER: GENDER-BASED VIOLENCE IN AFRICA

Linkoping House 27 Burg Road Rondebosch 7700 Cape Town T +27 (0) 21 650 1420 F +27 (0) 21 650 5709 E nelsonmandelaschool@uct.ac.za www.nelsonmandelaschool@uct.ac.za The Nelson Mandela School of Public Governance at the University of Cape Town is grateful for funding provided by GWL Voices for Change and Inclusion, to conduct the research, which led to the publication of this paper.

Design: Mandy Darling, Magenta Media

Contents 1.

Introduction............................................................................................................................ 2

2.

Research Questions and Methodology.............................................................................. 3

3.

Context..................................................................................................................................... 4

4.

Multilateral and Regional Mechanisms Responding to Gender-Based Violence and Femicide in Africa.............................................................. 6

5.

National Policies and Practices to Curb Gender-Based Violence.............................. 10

6.

1)

The legislative framework and policies surrounding GBV................................. 10

2)

Capacity-building and reform of law enforcement..............................................14

3)

Responding to GBV through the informal justice system...................................15

4)

Addressing harmful norms and beliefs through community mobilization......17

5)

The improvement of gender equality and economic opportunities for women and girls in their diversity ...................................................................20

Conclusion............................................................................................................................. 23

1.

Introduction

Across the world, gender-based violence continues to perpetuate harm against women and girls in their diversity.1 The COVID-19 pandemic has contributed to further vulnerability for women, with levels of gender-based violence (GBV), unemployment and insecurity heightened in already gender-unequal contexts. A survey on East and Southern Africa by UN Women revealed that more than 50% of respondents felt that gender-based violence had increased during the pandemic.2 In a context where 46% of African women3 are estimated to have experienced some form of gender-based violence in their lifetime, these COVID-related vulnerabilities represent a worrying trend.

It is imperative that research reflects on the legal and policy frameworks that exist to address gender-based violence in Africa, with special prioritization of women and girls’ experiences. In 2021, the theme for the annual ‘16 Days of Activism against Gender-Based Violence’ campaign was ‘Orange the World: Fund, Respond, Prevent, Collect’ – foregrounding the necessary shifts in the distribution of resources to women on the frontlines of responding to

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gender-based violence, the equitable provision of services for victims and survivors of GBV, targeted interventions supporting prevention-initiatives, and responding to the gap in available data concerning what works.4 This report seeks to consolidate evidence from across the continent on the existing regional frameworks and interventions focused on gender-based violence. It then explores case studies on prevention and response strategies across different countries, highlighting what has worked in the prevention of and response to GBV. The report then explores the role of civil society in this work and recommendations for multisectoral collaboration going forward.

The paper argues that no single, isolated strategy to address gender-based violence can be effective, rather deploying a whole-systems approach to gender-just and equitable policy development, resourcing and implementation (in collaboration with civil society) is critical to move the needle forward in the GBV-response.

The paper refers to women in their diversity, referring to women through an intersectional lens, recognizing the ways in which structural and physical violence affects women differently. The diversity of women here also refers to diversity in sexual orientation and gender identities. As a discussion paper, the main focus of this review is on diverse women’s experiences of gender-based violence, noting that the scope of gender-based violence is broad.

UN Women. (2021). The Impact of COVID-19 on women and men. Nairobi: UN Women and UNFPA, East and Southern Africa Regional Offices. https://reliefweb.int/sites/reliefweb.int/files/resources/abridged_-_impact_of_covid-19_on_ gender_equality_and_women_empowerment_in_east_and_southern_africa.pdf [Accessed: December, 2021] African Union. (2017). Strategy for Gender Equality & Women’s Empowerment (2018-2022). https://au.int/sites/ default/files/documents/36195-doc-au_strategy_for_gender_equality_womens_empowerment_2018-2028_report. pdf [Accessed: November, 2021] pp37 UN Women. (2021). In Focus: 16 Days of Activism against Gender-based Violence. https://www.unwomen.org/en/news/ in-focus/end-violence-against-women [Accessed: November, 2021]

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2.

Research Questions and Methodology

The report made use of desktop research through the collection of secondary data, including peer-reviewed articles, policy briefs, news articles and civil society reports. There exist limitations in the research, including the lack of available peer-reviewed data and community-level evidence, and difficulty in establishing causal links between GBV-related interventions and outcomes. The report aims to overcome these limitations through contextualizing anecdotal evidence and highlighting the need for further investigation throughout the report. As a discussion paper, the report serves as an initial reflection informed by available data and resources with the aim of contributing to the review of policies and practices of interventions across the continent.

By laying out the aforementioned interventions, with the available data, the report begins to answer the following questions: 1. What are examples of what has worked in African communities to combat GBV? Are there existing case studies that demonstrate grassroots and indigenous solutions to the problem? And, 2. What is the global versus continental standard in dealing with GBV in Africa?

It then concludes with recommendations for how different stakeholders can work together to address gender-based violence and potential future research questions, informed by the evidence in the report.

Beginning with an overview of global and regional commitments, including gender policies and frameworks, the paper investigates the policy context in which responses to gender-based violence are set. The report then turns to legislative and policy case studies on what has worked in responding to and preventing gender-based violence, with a focus on state-level and civil society interventions. The report then provides an overview of what has worked in prevention and response through the transformation of norms and behaviours, by working with men and boys, and traditional, faith and cultural leaders – underscoring the importance of community mobilization. Lastly, the report reflects on the structural drivers of gender-based violence, foregrounding the need for sustained efforts to respond to GBV at all levels.

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3.

Context

The United Nations Human Rights Council defines gender-based violence (GBV) as any harmful act targeting a person because of their gender.5 Emphasizing the underlying causes of gender-based violence as the abuse of power and gender inequality, the UN General Assembly defines violence against women as “any act of gender-based violence that results in or is likely to result in, physical, sexual or psychological harm to women.”6 The definition of gendered violence is expanded to also include “threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life”7 and can also include financial abuse.8 Gender-based violence targeting women (or violence against women) is defined under General Recommendation 19 as “violence which is directed against a woman because she is a woman or that affects women disproportionately” – resulting in a violation of women’s human rights.9 Research has also found that the majority of cases of gender-based violence are perpetrated by someone that the victim knows, including an intimate partner.10 Intimate partner violence is defined as the “behaviour by an intimate partner or ex-partner that causes

physical, sexual or psychological harm, including physical aggression, sexual coercion, psychological abuse and controlling behaviours.”11 Furthermore, for women who are lesbian, bisexual, queer, trans or those who are gender-nonconforming, and for women living with disability, levels of risk, including of gender-based violence, are elevated.12 Globally, one in three women will experience some form of gender-based violence in their lifetimes, most of these cases are at the hand of an intimate partner, and around 38% of murders committed against women are at the hand of a male intimate partner.13 In Africa, 46% of women will experience gender-based violence in their lifetimes, and in East and Southern Africa, 20% of women and girls aged 15-24 have experienced violence at the hands of an intimate partner.14 During COVID-19, member states to each regional bloc in Africa reported increases in cases of domestic and/or gender-based violence, including in Egypt (19%), Liberia (50%), Central African Republic (69%), Nigeria (56%) and South Africa (37%); with Ministries responsible for Gender across the continent reporting

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The UN Refugee Agency. (n.d.). Gender-based Violence. https://www.unhcr.org/gender-based-violence.html [Accessed: October, 2021]

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Ibid.

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World Health Organization. (n.d.). Violence Against Women. who.int/health-topics/violence-against-women#tab=tab_1 [Accessed: November, 2021] Labour Research Service. (2019). Six Ways to End Gender-based Violence. https://www.lrs.org.za/2019/11/25/six-waysto-end-gender-based-violence/ [Accessed October, 2021] Committee on the Elimination of Discrimination against Women (CEDAW). (2017). General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19. https://tbinternet.ohchr.org/ Treaties/CEDAW/Shared%20Documents/1_Global/CEDAW_C_GC_35_8267_E.pdf. [Accessed February, 2022].

Intimate partner violence is not limited to cisgender, heterosexual relationships, but can exist along a spectrum, including within homosexual and gender-non conforming intimate partner relationships.

Op. Cit., World Health Organization Thapa, S. J. (2015). Gender-based violence: lesbian and transgender women face the highest risk but get the least attention. World Bank. https://blogs.worldbank.org/voices/gender-based-violence-lesbian-and-transgender-womenface-highest-risk-get-least-attention [Accessed February, 2022].

Ibid. 1 UNFPA. (n.d.). What We Do: Gender-based Violence. https://esaro.unfpa.org/en/topics/gender-based-violence [Accessed December, 2021]

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an overall 38% increase in cases reported on toll-free lines.15 These statistics paint a sobering picture of levels of gender-based violence – but there are few disaggregated statistics that differentiate between the different forms of gender-based violence (e.g. intimate partner violence vs. domestic violence – defined differently by different stakeholders) across the continent. There are also significant gaps in available data on the targets of gender-based violence, disaggregated by gender, class, ability, sexual orientation or migration status.

The challenges in access to disaggregated data are universal, thus for the purposes of this paper, the research draws on available data and secondary literature.

Generally, whilst men experience higher levels of physical violence – oftentimes enacting this against one another through gang violence, wars or street violence – women experience higher levels of intimate partner violence, embedded as a lifecycle of abuse, and resulting in assault or murder at the hands of a known past or present partner.

The primary problem of gender-based violence, for the purposes of this report, is thus men’s use of violence (physical, psychological, sexual, financial or otherwise) and the harmful norms and behaviours that underpin this use of violence. Furthermore – mindful that socioeconomic inequality, when combined with underlying harmful norms, contributes to high levels of gender inequality and gender discrimination – policy, practice and legislation must be developed to respond to the structural drivers of gender inequality, ensuring that state and non-state actors strengthen prevention and response strategies.

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Because the underlying drivers of gender-based violence are complex, prevention and response strategies must account for the broad spectrum of drivers of violence and unjust provision of socio-economic and legal services for women. Addressing unequal gender power dynamics, provision of clinical and support services for victims, and training duty-bearers to respond to and address internal bias are all critical interventions. Furthermore, resourcing civil society and community-based organizations who are on the frontline of response is necessary to sustain and ensure the just and equitable distribution of services to women and girls.

Unfortunately, for many states the available laws and policies to address gender-based violence either fail to criminalize it, are uneven, do not allocate the necessary responsibilities across different government departments, and fail to make provision for the required budgets for consistent implementation, monitoring and reporting. Multilateral and regional conventions, policies and frameworks can serve as an important guide to member states looking to strengthen their policies.

Oftentimes, the role of women’s rights organizations and movements in shaping these agreements is critical to ensure that no woman or girl is left behind, including in their diversity of class, age, ability, or sexual orientation. In the development of the mechanisms detailed below, civil society actors have worked to shape the texture thereof through mass mobilization, advocacy campaigns, workshops and research.

To sustain this work more must be done to resource these organizations who receive 3% of funding globally to tackle gender inequality and gender-based violence.16

African Union Commission - Women, Gender and Development Directorate (AUC-WGDD), United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), Office of the United Nations High Commissioner for Human Rights (OHCHR), & United Nations Population Fund (UNFPA). (2021). Gender-Based Violence in Africa during the Covid-19 Pandemic. https://www2.unwomen.org/-/media/field%20office%20africa/attachments/publications/2021/policy%20paper-%20gbv%20in%20africa%20during%20covid-19%20pandemic_en%2018%20feb_compressed.pdf?la=en&vs=1650 [Accessed: November 2021] pp5 CIVICUS. (2020, March 06). 5 amazing funds that are making a difference for women. https://www.civicus.org/index. php/media-resources/news/blog/4310-5-amazing-funds-that-are-making-a-difference-for-women [Accessed December 2020].

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4. Multilateral and Regional Mechanisms Responding to Gender-Based Violence and Femicide in Africa There exists a broad array of multilateral and regional agreements that speak to gender-based violence. In the international fora, the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) Committee asserted in 1992 that violence against women was a form of discrimination against women17, and in 1993, the Vienna Declaration and Platform for Action took this assertion further by recognizing that the elimination of all forms of violence against women was a human rights obligation.18 The Beijing Platform for Action expanded the definition of gender-based violence to include intersectional feminist principles, recognizing that women experience multiple forms of discrimination and that violence against women forms part of a long history of exploitation, and included political, cultural, social, economic and religious dimensions of coercive and harmful practices.19 As public awareness increased about gender-based violence, and civil society campaigning intensified, the Millennium Development Goals and Sustainable Development Goals have evolved to include specific indicators and commitments to the eradication of gender-based violence. SDG five on Gender Equality, for example, includes “eliminating all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.”20 Alongside other indicators that address harmful practices, gender discrimination, equitable participation and

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access to sexual and reproductive health rights, the SDGs represent a clear indicator to member states that policy and practice reform is expected – with domestication of these commitments supported by the protection of civic freedoms for women’s rights organizations and movements to shape national policies and budgets. In 2020, following years of campaigning against sexual harassment in the world of work and informed by the #MeToo movement, the International Labour Organization passed Convention 190 on Eliminating Violence and Harassment in the World of Work. This has bolstered civil society efforts and legitimacy to call for the development and amendment of legislation and policies countering sexual harassment in corporates, organizations, and government.

At a regional level, the African Union has responded to the campaigns of the women’s rights movement and related multilateral agreements, to shape its own language and priorities in responding to gender-based violence. Significant progress has been witnessed since the early 1990s, but not without the ongoing efforts of the women’s rights movement. The most significant contribution to women’s rights in this context is the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (hereafter the Maputo Protocol) which went into effect in 2005. The Protocol represents one of the most progressive protocols on the rights of women in Africa,

OHCHR. (n.d.). ​​​​​​​​​​​​​​​Gender-based violence against women and girls. https://www.ohchr.org/EN/Issues/Women/WRGS/ Pages/Gender-based-violence.aspx. [Accessed, December 2021] United Nations Human Rights Office of the High Commissioner. (n.d.). ​​​​​​​​​​​​​​​​​​​​Gender-based violence against women and girls. https://www.ohchr.org/EN/Issues/Women/WRGS/Pages/Gender-based-violence.aspx [Accessed December, 2021] UN Women. (1995). The United Nations Fourth World Conference on Women: Platform for Action. https://www.un.org/ womenwatch/daw/beijing/platform/violence.htm [Accessed October 2021] United Nations. (n.d.). Goal 5: Achieve gender equality and empower all women and girls. https://www.un.org/sustainabledevelopment/gender-equality/ [Accessed October, 2021]

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with specific reference under Article four to the right to life, integrity and security of women in both public and private life.

It includes, as its focus on gender-based violence, the need for prevention, punishment of offenders, and the eradication of all forms of violence against women. The protocol further calls for member states to make provisions for rehabilitative services and mechanisms of reparations for victims of VAW under criminal and civil law, and encourages a whole-systems approach through the necessary budgetary allocations to processes designed to end GBV. Under Article 11, the Protocol addresses the specific needs of women in armed conflicts, and calls for additional protection of women who are refugees, Internally Displaced Persons or in asylum, to be protected from all forms of violence, rape and sexual exploitation.21 Article 11 reinforces the Fourth Geneva Convention for the Protection of Civilian Persons in Time of War, which stipulates in Article 27 that: “Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault”22.

In 2014, the AU’s Resolution 275 on the Protection against Violence and other Human Rights Violations against Persons on the Basis of their real or imputed Sexual Orientation or Gender Identity condemned human rights violations, including murder, rape, assault, arbitrary imprisonment targeting individuals based on their real or imputed sexual orientation.23 The Resolution specifically condemns the systemic

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attacks of state and non-state actors on the LGBTIQ+ community and calls for an enabling civic space environment for activists to do their work.24 Taken together with the provisions in the Maputo protocol (including the provisions for sexual and reproductive health and rights)have been used to inform civil society campaigns for the decriminalization of homosexuality across the continent. The language of the Protocol has been further used to shape the African Union’s Strategy for Gender Equality and Women’s Empowerment (2018-2028), which includes recommendations for member states to Ratify and domesticate the articles of the Maputo Protocol and apply a whole-systems approach to ending gender-based violence.25 Unfortunately, across the interventions at a regional level, and in some countries, homosexuality continues to be criminalized, resulting in lax implementation of norms and standards for the protection of members of the LGBTIQ+ community, and related high levels of gender-based violence that go underreported.

The provisions made by the African Union to address gender-based violence have further shaped the associated strategies of regional economic blocs. SADC has, through its Regional Strategy and Framework for Action for Addressing Gender-Based Violence (2018-2030), emphasized the need for coordinated efforts to address GBV in the region. The Framework prioritizes a multi-sectoral approach, including through legal, economic, social, cultural and political processes, and calls for partnerships

African Union. (2003). Protocol to The African Charter on Human and Peoples’ Rights on The Rights of Women in Africa. https://au.int/sites/default/files/treaties/37077-treaty-charter_on_rights_of_women_in_africa.pdf [Accessed October, 2021] ICRC. (1949). Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva. https://ihl-databases. icrc.org/ihl/b0d5f4c1f4b8102041256739003e6366/ffcb180d4e99cb26c12563cd0051bbd9 [Accessed February, 2022] African Commission on Human and Peoples Rights. (2014). Resolution on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity. https:// www.achpr.org/sessions/resolutions?id=322. [Accessed February, 2022].

Ibid.

Op. Cit. African Union. (2017). pp60

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with civil society to provide training for service providers.26 At the time of writing, 11 SADC members had laws on domestic violence and 13 on sexual assault, but these were uneven in their responsiveness, resourcing and implementation.27 The Parliamentary Forum highlighted in 2021 that member states also “lack adequate access to justice provisions to enable and capacitate various players in the criminal justice and administrative systems… to prevent, receive, investigate, attend, prosecute and decide on GBV cases; and enforce decisions and protect victims of gender-based violence.”28 For this reason, the Framework also calls for improved information sharing and coordination at a regional level across member states.29 In 2021, the SADC Parliamentary Forum passed a Model Law on GBV, informed by the SADC Protocol on Gender and Development, the Framework, SDG Five and the Beijing Declaration.30 The law provides a guiding benchmark on GBV for member states in developing and amending their own policies and legislation to end GBV in the region.

In the East African Community (EAC), interventions to respond to gender inequality are guided by the EAC Gender Policy of 2018, which intends to harmonize policy and legislative frameworks in the region and provide guidance on gender equality for member states.31 For this reason, the policy calls for gender mainstreaming across all planning activities and budgetary processes of EAC organs and member states. This includes the response to gen-

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der-based violence and harmful cultural practices.32 The Policy calls for member states to develop and strengthen legislation and policies designed to address GBV, to ensure adequate capacity-building for duty-bearers, integrate the GBV response and prevention in education, health and HIV/AIDS policies, and ensure that harmful norms are outlawed. Progressively, the policy recognizes the need to work with men and boys, traditional and faith leaders, and pair interventions with adequate research, monitoring and evaluation.33 To date, no model policy or law has been developed for gender-based violence, but in the wake of increasing levels of GBV during the COVID-19 pandemic, the EAC has partnered with civil society to monitor and respond to the increases in levels of violence.34 Other regions are following suit with their own set of processes to respond to gender-based violence. The Economic Community of West African States (ECOWAS), in October 2021, met to discuss the draft ECOWAS Strategy for Preventing and Responding to Sexual and Gender-Based Violence and the ECOWAS project on sexual harassment. This move to finalize the draft was informed by a meeting of ECOWAS heads of state in January 2021, where the Declaration on Zero Tolerance to Sexual and Gender-Based Violence and the Elimination of all Forms of Violence Against Women and Girls at all times and under all Circumstances in ECOWAS was signed. Through the ECOWAS Centre for

SADC Ministers of Gender and Women’s Affairs. (2018). Regional Strategy and Framework of Action for Addressing Gender Based Violence. https://www.unodc.org/documents/southernafrica/Stories/2019/SADC_Regional_Strategy_and_Framework_for_Action_on_GBV_-_FINAL_September_2018_-_ENGLISH_VERSION.pdf [Accessed October 2021] Ibid., pp14 Mokoena, S. (2021). SADC PF Countries Support SADC Model Law on GBV. https://www.sadcpf.org/index.php/en/ media-release/press-release/363-sadc-pf-countries-support-sadc-model-law-on-gbv [Accessed October, 2021] Op. Cit., SADC Ministers of Gender and Women’s Affairs, pp19 Op. Cit., Mokoena.

EAC Secretariat. (2018). East African Community Gender Policy. http://fawe.org/girlsadvocacy/wp-content/ uploads/2018/12/EAC-Gender-Policy.pdf [Accessed October, 2021] pp27 Ibid., pp28 and pp29 Ibid., pp43 East African Community. (n.d.). Gender-Based Violence (GBV) and Economic Empowerment of Girls and Women in East Africa. https://www.eac.int/gender/gbv/gbv-interventions [Accessed November, 2021]

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Gender Development and the Department of Social Affairs, ECOWAS has established a regional working group with CSOs, nonstate actors and multilateral bodies, like UN Women, to address gender-based violence. The working group aims to ‘galvanize immediate action’ in the region to end SGBV, ensure protection through and beyond the COVID-19 pandemic, and enhance the capacity of member states to respond.35 The Economic Community of Central African States (ECCAS) has no indicated policies or actions to respond to GBV, but in 2004 member states signed the Declaration on Gender Equality and made an agreement to enhance regional cooperation to combat trafficking, especially of women and girls.36 The Arab Maghreb Union and the Community of Sahel-Saharan States did not have publicly available information on specific gender policies, priorities or commitments – although the rights of women under their regional blocs’ work on peace and security features to some degree.37

repressed, as in Nigeria, Zimbabwe and Egypt, civil society actors campaigning for the end of gender-based violence are often faced with restrictions to their rights to freedom of assembly, association and expression – meaning the process for engaging in the policy process is fraught with risk for activists. Practically, there continue to be gaps in access to justice and prevention services, and policy to support victims of gender-based violence. There is also limited access to disaggregated data on trends in gender-based violence that can help ascertain where, if at all, interventions are working to support those who have or might experience gender-based violence. Despite these limitations, actors across the board are working at multiple levels to transform the normative frameworks that exist into practical changes in the lived reality where women and girls, in their diversity, can live free from all forms of gender-based violence.

The establishment of regional norms provides an opportunity for member states to develop and amend existing policies in line with best practice and international norms and standards (shaped by the advocacy of the women’s rights movement). However, the reality of the implementation of these commitments has been far from the intention. In many instances, like in South Africa and Kenya, the policy development phase includes some civil society consultation, but implementation is uneven as state systems - like law enforcement or the judiciary – lag in transforming internal priorities and biases. In states where civic freedoms are

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ECOWAS. (2020). ECOWAS Establishes a Regional Partners/CSOs/Non-State Actors Working Group against Gender Based Violence/Violence against Children (ECW-RPWG-GBV/VAC). https://www.ecowas.int/ecowas-establishes-a-regional-partners-csos-non-state-actors-working-group-against-gender-based-violence-violence-against-children-ecwrpwg-gbv-vac/ [Accessed November, 2021] Van Eerdewijk, A., Kamunyu, M., Nyirinkindi, L., Sow, R., Visser, M., & Lodenstein., E. (2018). The State of African Women report: Chapter 4 - Regional Economic Communities and women and girls’ rights. IPPF Africa Region. https://www. faithtoactionetwork.org/wp-content/uploads/2018/09/RightByHer-Report-Chapter-4-Regional-Economic-Communities.pdf [Accessed October, 2021] pp118-122 Ibid., pp122

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5. National Policies and Practices to Curb GenderBased Violence The prevention of gender-based violence requires a series of complex, but harmonious set of interventions including in socioeconomic policy, the transformation of cultural, traditional and religious beliefs and norms, and transformation of interpersonal norms and relationships over a long period of time. Writing about the limitations of assessing the impact of interventions to prevent GBV, Chalk et al found that of several hundred studies, “34 were deemed to be methodologically sound”.38 The challenge of measuring impact is compounded by the reality that no intervention occurs in isolation, and usually multiple actors work to transform laws, policing, norms and raise awareness, resulting in the inability to ascribe causality to any single intervention.39 Furthermore, it is known that levels of reporting by victims increase in the presence of heightened awareness.

It is therefore difficult to measure whether interventions are successful at curbing GBV as reported incidence rates rise and whether this is due to increased knowledge of support services for victims or higher levels of GBV.40 Nevertheless, research (as covered below) has indicated some promising results for interventions that seek to prevent gender-based violence through 1) the legislative framework and policies surrounding GBV 2) the improvement of gender equality and economic opportunities for women and girls in their diversity 3) addressing harmful norms and beliefs related to gender and care work 4) community-level interventions, including

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working with men and boys. The following section explores successes in each of these areas.

1) The legislative framework and policies surrounding GBV The establishment of laws and policies designed to address gender-based violence, especially through the criminalization thereof, can serve to respond to transgressions, but also to deter perpetrators from committing gender-based violence. Criminalization here refers to the establishment and enforcement of legislation designed to penalize the acts of GBV and its related forms of IPV and domestic violence through the criminal justice system. Currently, a challenge for domestic violence legislation is that penal codes tend not to criminalize certain types of GBV such as marital rape.41 Furthermore, the prosecution of gender-based violence has typically related to physical violence, although other forms of violence are beginning to be prosecuted under civil law inclusions of emotional, financial, and verbal abuse in the definition of gender-based violence.42 Encouragingly, there have been a reported 84 laws and policies designed to curb gender-based violence in 17 countries globally during 2020-2021.43 The mounting pressure from civil society actors, bilateral donors, and multilateral human rights bodies has galvanized the adoption of policies and programs

“Chalk, Rosemary, & King, P. (1998). Violence in Families: Assessing Prevention and Treatment Programs. National Research Council and the Institution of Medicine. National Academy Press: Washington, D.C” in Bott, S., Morrison, A. and Ellsberg, M. (2004). Preventing and responding to gender-based violence in middle and low-income countries: a multi-sectoral literature review and analysis. World Bank, Poverty Reduction and Economic Management Sector Unit, Gender and Development Group. pp3 Ibid., pp8 Ibid., pp8 Bott et al include examples of marital rape as not covered under penal codes, Ibid., pp4 and pp17 South Africa’s Domestic Violence Act makes provision for economic, verbal, psychological and emotional abuse.

Spotlight Initiative. (2021). Rising to the Challenge: Impact Report 2020-2021. https://spotlightinitiative.org/sites/ default/files/publication/Rising_to_the_challenge_ENG_0.pdf [Accessed: November, 2021] pp2

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designed to end gender-based violence across the world, including in Africa. This advocacy has worked in the formulation of international norms and standards, that have attempted to shape regional priorities, and consequently move the needle forward for gender justice in national policies and frameworks. Following civil society campaigns to highlight the existence of heightened levels of domestic violence during COVID-19 related lockdowns, and a three-day protest by antirape campaigners in Monrovia,44 Liberian president George Weah declared rape a national emergency, appointed a special prosecutor for rape, established a national sex offender registry and national security task force for sexual and gender-based violence. President Weah also made US$ 2 million available to fund the response to GBV and the establishment of a roadmap to end SGBV.45 The development is encouraging, but civil society actors are, rightfully, cautiously optimistic about the implementation of these commitments.46 Across the continent, there has been an array of experience in the development, and application of legislation and policies to address GBV. In South Africa, the first law governing domestic violence, the 1993 Prevention of Family Violence Act, was passed by the apartheid government and criticized as being inadequate by civil society.47 The subsequent development of the Domestic Violence Act of 1998 (DVA) was informed by the constitutional commitment to non-sexism and the right to freedom from violence – clauses included as the result of strong caucusing by the women’s rights

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movement in shaping the first democratic Constitution. At the time, research had indicated high levels of domestic violence and inaccessibility of the Protection Order system in the country.48 The Domestic Violence Act, argues Usdin et al, was developed and expedited on the backdrop of mounting pressure from civil society, bolstered by South Africa’s recent signing and ratification of the CEDAW convention.49 The 1998 Act was lauded for its comprehensive definition of domestic violence (which included the threat of violence, stalking and emotional abuse) and its scope (which included any kind of domestic relationship).50 The subsequent implementation of the Act left many activists wanting. On the backdrop of delays and poor infrastructure, civil society actors were disappointed by the lack of a clear implementation strategy, including the lack of clear time frames and inter-departmental budgets to strengthen referrals. It was also a challenge to train a large contingency of South African Police Services personnel, with civil society facilitating capacity-building.51 In response to these ongoing inefficiencies, the Soul City Institute for Health and Development Communication in partnership with the National Network on Violence against Women (or NNVAW, a coalition of hundreds of civil society actors working at multiple levels), launched an extensive advocacy campaign to call for the inception of the DVA by November 1999, an implementation strategy and the adequate provision of resources for its implementa-

Rodriguez, L. (2020). Why Liberia Just Declared Rape a National Emergency. Global Citizen. https://www.globalcitizen. org/en/content/liberia-declares-rape-national-emergency/ [Accessed: November, 2021] Op., Cit. Spotlight Initiative, pp14 Op., Cit. Rodriguez Usdin, S., Christofides, N., Malepe, L., & Maker, A. (2000). The value of advocacy in promoting social change: implementing the new Domestic Violence Act in South Africa. Reproductive Health Matters, 8(16), 55-65 Jewkes, R., Levin, J., & Penn-Kekana, L. (2002). Risk factors for domestic violence: findings from a South African cross-sectional study. Social science & medicine, 55(9), 1603-1617.

Op., Cit., Usdin et al, pp56 Ibid., pp55-57 Ibid., pp58

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tion.52 The impact of the campaign was tangible as the new government was made to account for its slow implementation in the media, cross-departmentally and within departments. Eventually, the pressure resulted in the announcement of the implementation of the DVA on 15 December 1999, a month and a half after the date requested by the civil society coalition.

Since then, the state has signed and amended several bills, and enacted multiple interventions related to gender-based violence,53 including in 2021 the Bill to Amend Criminal Law (Sexual Offences and Related Matters)54 and the Bill to amend the Domestic Violence Act.55 Furthermore, following mass mobilization by activists and civil society under the banner of #TheTotalShutdown, the President was presented with a list of 24 demands in 2018.56 These demands would culminate into the formulation of the National Strategic Plan on Gender-Based Violence and Femicide for a ten-year period (from 2020-2030).57 Much like the DVA of 1998, subsequent acts and policies continue to require ongoing advocacy and pressure from civil society groups.58 Under-resourcing, lack of implementation plan and inter-

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and intra-departmental accountability continue to characterize the South African government’s response to gender-based violence – foregrounding the need for ongoing activism by civil society.

In Zambia, high levels of gender-based violence disproportionately affect women and girls. Forty-three percent of women reported to having experiences of physical and/or sexual violence at the hands of an intimate partner, with 15% indicating being forced to have sex in a 2005 survey.59 In 2005, the United Nations Committee on Economic, Social and Cultural Rights noted that “discrimination against women is rooted in [Zambia]’s customary law, and it is so serious that it amounts to a breach of both their human and natural rights.”60 In 2011, a report by the UN Special Rapporteur on violence against women, its causes and consequences, found that 50% of Zambian girls are married by the age of 18.61 Because of patriarchal norms embedded in the fabric of society, the State’s response to gender-based violence has been uneven. It was only in 2005 that the Penal Code was amended under Act No. 15, ensuring that sexual harassment, trafficking and harmful cultural practices

Ibid., pp58 See for example the Institute for Security Studies. (2021). How the problem of violence against women and children is represented in South African intervention research.

The bill was amended to include sexual intimidation as an offence and the provision of stricter conditions of bail applications and release.

The Act was amended to include different types of interpersonal relationships, and provisions for an online application for Protection Orders.

Moosa, F. (2018). Pretoria Shutdown as Women and GNC People March Against GBV. Daily Vox. https://www.thedailyvox.co.za/pretoria-shutdown-as-women-and-gnc-people-march-against-gbv-fatima-moosa/ [Accessed: October, 2021] Department of Women, Youth and Persons with Disabilities. (2020). National Strategic Plan on Gender-Based Violence and Femicide. https://www.thepresidency.gov.za/download/file/fid/1852 [Accessed: October, 2021] “Of the 22 implementing government departments on the NSP on GBVF, only seven have responded to requests for data from the Commission for Gender Equality. Furthermore, out of 81 targets across five thematic areas on the NSP on GBVF, only 17 targets (21.25%) were achieved within the Emergency Response Action Plan (ERAP) six-month timeframe, and 12 targets (15%) were only partially achieved.” Parliamentary Monitoring Group. (2021). Progress Report on the Implementation of GBVF National Strategic Plan: CGE Briefing. https://pmg.org.za/committee-meeting/33584/ [Accessed: August, 2021] United Nations. (n.d.) Zambia: Fighting gender-based violence as fresh cases continue to emerge. https://www.un.org/ africarenewal/news/zambia-fighting-gender-based-violence-fresh-cases-continue-emerge [Accessed December, 2021] Mulenga, J., Mulonda, P., Kamanga, M., Duarte, M., Trochu-Gasso, C., & Mutzenberg., P. (2007). Human Rights Violations in Zambia Part II: Women’s rights. https://www.refworld.org/pdfid/46af4d550.pdf [Accessed November, 2021] pp5 Manjoo, R. (2011). Report on the Special Rapporteur on Violence against Women, its causes and consequences. Un General Assembly: A/HRC/17/26/Add.4. https://evaw-global-database.unwomen.org/-/media/files/un%20women/ vaw/country%20report/africa/zambia/zambia%20srvaw.pdf?vs=2110 [Accessed: November, 2021]

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against children were criminalized.62 In 2008, the National Action Plan on Gender-Based Violence was signed, with important commitments to reforming existing laws to respond to gender-based violence. The constitutional referendum that concluded in 2011 included several articles that re-established the right to life, liberty, security of the person, and the protection of the law for all – regardless of sex or marital status.63 The combination of civil society advocacy, multilateral mechanisms (including the visit of the Special Rapporteur) and research highlighting the extent of the problem were positive contributors to the subsequent development of the Anti-Gender Based Violence Act that established a Committee and Fund of the same name in 2011.64 The Act also establishes the process for applying for protection orders, the creation of shelters, and makes provision for a broad definition of gender-based violence to include mental, social, economic or physical abuse – including female genital mutilation.65 Since the development of the Act, the state has created ‘fast-track, user-friendly courts’ to respond to cases of gender-based violence, with the first established in 2016.66 Over a 14-month period, two fast-track courts heard 276 cases, indicating some level of uptake. With a processing time of 25-days for the first court opened in Kabwe, early

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indications were that the fast-track courts were an accessible platform to hear and conclude gender-based violence cases.67 Despite these gains, research has indicated that the demand for the fast-track courts outweighs the supply and that logistical issues exist that include the provision of separate spaces for defendants and plaintiffs.68,69 Similar experiences of civil society action and multilateral diplomacy have resulted in the prioritization of GBV-related laws across different countries in the region including, but not limited to, the National Plan of Action for Prevention and Eradication of GBV against Women (2001-2015) in Tanzania; the marriage, divorce and domestic violence laws in Sierra Leone; the 2008 GBV Bill in Rwanda, or the 2005 HIV Act, 2006 Sexual Offence Act and Marriage bill in Kenya. Furthermore, research has found that only 22 African countries have adopted laws that prohibit gender-based violence.70 Addressing gender-based violence through law is usually step one of a long process that requires an implementation strategy, adequate budget allocations, capacity development, and gender norms transformation to advance non-harmful behaviours and practices. Progression from policy development to successful

UN Women. (n.d.). Penal Code Act (FGM). https://evaw-global-database.unwomen.org/en/countries/africa/zambia/2005/penal-code-act-fgm [Accessed December, 2021] UN Women. (n.d.). Article 11 of the Constitution. https://evaw-global-database.unwomen.org/en/countries/africa/zambia/2009/article-11-of-the-constitution [Accessed: December, 2021] UN Women. (n.d.). The Anti-Gender-Based Violence Act (FGM). https://evaw-global-database.unwomen.org/en/countries/africa/zambia/2011/the-antigender-based-violence-act-fgm [Accessed: December, 2021] Ibid Mowitz, S., & Young, A. (2018). Harm and Harmonization: Gender-Based Violence and the Dual Legal System in Zambia, 9. Southern African Institute for Policy and Research. http://saipar.org/wp-content/uploads/2020/03/Movitz-andYoung.pdf [Accessed: November, 2021] Ibid pp10 Ibid pp1 According to Chungu, M, “In 2016, between the months of January and September, Zambia recorded 13,092 cases of gender-based violence – almost 48 cases a day in that period.” Chungu, M. (2017). Zambia’s dilemma: gender-based violence. Youth Voices. https://www.yourcommonwealth.org/editors-pick/zambias-dilemma-gender-based-violence/ [Accessed: December, 2021] Moreno et al (García-Moreno, C.; Avni, A. The Sustainable Development Goals, Violence and Women’s and Children’s Health;WHO: Geneva, Switzerland, 2016) in Muluneh, M.D., Stulz, V., Francis, L., & Agho, K. (2020). Gender based violence against women in sub-Saharan Africa: a systematic review and meta-analysis of cross-sectional studies. International journal of Environmental Research and Public Health, 17(3), 3

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intervention is oftentimes not linear but fraught, with ongoing challenges and the need for constant consultation and revision. The sections that follow address civil society and state-led interventions in several of these areas, including capacity development and addressing harmful norms.

2) Capacity-building and reform of law enforcement Alongside the creation of laws and policies, capacity-building for law enforcement actors is critical to end of GBV. Law enforcement bodies are often built on gender-blind premises, and transforming the norms and behaviours of law enforcement officials, including police officers, is critical to providing access to justice and clear lines of accountability for victims to pursue justice. Because law enforcement officials carry out their functions between law and community, and exist within normative frameworks that govern gender-relations at a community level, it is critical that they are trained in the technical aspects of GBV-laws, and at the same time capacitated to respond to victims of gender-based violence through a gender-just lens. Morrisson et al identify ‘[n]orms that support male dominance over women and that require women’s obedience and sexual availability’ as societal level risk factors that contribute to the perpetuation of gender-based violence and harmful norms.71 In addition to system-wide reform of the judicial system, training duty bearers on their roles and responsibilities, and fostering connections with other government departments and civil society initiatives is critical. UN Women argue for the role of

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police officials in responding to GBV as salient to “addressing VAWG in terms of creating secure environments, responding to complaints, conducting confidential and survivor-centred interviews with alleged victims, undertaking investigations and, in some settings, appearing in court.”72 Capacity-building to facilitate institutional reform and gender-just responsiveness can include gender audits; the development of gender-sensitive protocols, processes and codes of conduct; the adequate resourcing and strategic placement for specialized units responding to GBV; the creation of incentive structures to facilitate compliance and respect for the rights of victims.73 In Zimbabwe, the Musasa project has worked to provide training and capacity-building to law enforcement officials who act as intermediaries on the implementation of the 2006 Domestic Violence Act.74 Organizations like Sonke Gender Justice work to train law enforcement officials across Africa, and South Africa in particular, on how to adequately respond to gender-based violence, and transform harmful gender norms. This work includes training officials on the rights of sex workers and members of the LGBTIQ+ community who are disproportionately affected by gender-based violence.75 To respond to high levels of sexual violence in the period following the end of the war in Sierra Leone, the government created Family Support Units in 2001 to deal with cases of violence against children. Civil society organizations, like the Men’s Association for Gender Equality (MAGE-SL), stepped in to provide sensitization training to police officers – with a particular emphasis on deconstructing models of masculinity

Op., Cit., Bott et al pp27 UN Women. (2013). Develop Institutional Capacity. https://www.endvawnow.org/en/articles/1578-develop-institutional-capacity.html [Accessed: November, 2021] Ibid Machirori, F. (2008). Support structures essential to domestic violence legislation. Zimbabwe: Gender Links. https://genderlinks.org.za/programme-web-menu/support-structures-essential-to-domestic-violence-legislation-2008-01-22/ [Accessed: November, 2021] Ramabulana, F. (2021). Side-Lined: Experiences of Sex Workers Throughout the Lockdown. Sonke Gender Justice. https://genderjustice.org.za/publication/side-lined-experiences-of-sex-workers-throughout-the-lockdown/ [Accessed: October, 2021]

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that perpetuate violence.76 These isolated case studies indicate that there is value in further investigating the long-term effects of sustained capacity-building and sensitization for duty bearers, especially law enforcement responsible for the implementation of GBV laws. Some research has indicated that training can be effective, but more so when it takes place at all levels, and where senior leaders in law enforcement participate in the training to ensure broader institutional reform and accountability.77 However, capacity-building in isolation is insufficient to ensure the adequate provision of services across duty-bearers, including law enforcement and the judiciary. This may be due to harmful beliefs and practices, including patriarchal norms that hinder access to justice for people seeking redress or protection from gender-based violence. Capacity-building, much like other interventions, must be paired with broader institutional reform.

A whole-systems approach may offer the best support for victims to lay charges of all types of abuse.

3) Responding to GBV through the informal justice system Another way of strengthening the institutional response to gender-based violence is through the decentralization of court proceedings through the establishment of local court systems, or the transformation of existing traditional justice or grievance mechanisms at the local level. The decentralization of the justice system can be beneficial for dealing with high caseloads

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and enhancing access to justice. However, there are limitations: traditional and informal justice systems may take decisions informed by harmful gender-stereotypes, whilst case referrals to the formal justice system may be inadequate where there is inadequate referral of cases deemed to be of lesser severity.

In the Democratic Republic of Congo (DRC) and Burundi, the law does not recognize the informal justice system, however, police have been reported to encourage victims to remedy cases of GBV informally, and pursue formal justice processes only if this is unsuccessful.78 Grassroots actors, including community-based organizations, bridge the gap by providing ongoing support to women and girls affected by GBV.79 A 2013 study found that in Ghana and Kenya, the informal justice system – supporting mediation and referral at the local level – is viewed by citizens as important to address violence against girls, and as less onerous and costly when compared to the often bureaucratic formal justice system.80 In Liberia, use of the formal justice system is particularly low, with rural populations preferring to go through the customary and/or indigenous court system. In 2008, it was estimated that rural Liberians took only 4% of criminal cases to the formal justice system, a matter of concern in lieu of the dominance of elderly males in decision-making power within these informal structures.81 The prevalence of harmful norms and behaviours, such as the acceptance of Female-Genital Mutilation and Cutting (FGM/C) within these structures, is also of concern for

Mills, E., Nesbitt-Ahmed, Z., Diggins, J., & Mackieu, T.D. (2015). ‘They Call Me Warrior’: The Legacy of Conflict and the Struggle to End Sexual and Gender-based Violence in Sierra Leone (No. IDS Evidence Report; 155). IDS.pp5 Ibid., pp5 Redress. (2012). Breaking down obstacles to justice for gender-based violence in Africa. Training Workshop Report. https://redress.org/wp-content/uploads/2018/01/Mar-12-Breaking-down-obstacles-to-justice-for-gender-based-violence-in-Africa.pdf [Accessed: November, 2021] pp15 Global Fund for Children. (n.d.). Grassroots Efforts to Eliminate Violence Against Women and Girls. https://globalfundforchildren.org/story/grassroots-efforts-to-eliminate-violence-against-women-and-girls/ [Accessed: December, 2021] Parkes, J., & Heslop, J. (2013). Stop Violence Against Girls in School A cross-country analysis of change in Ghana, Kenya and Mozambique. Action Aid. https://actionaid.org/sites/default/files/svags_review_final.pdf [Accessed: December, 2021] pp50 M’Cormack, F. (2016). Accessing justice for sexual and gender-based violence crimes in Liberia’s hybrid system. IDRC. https://idl-bnc-idrc.dspacedirect.org/bitstream/handle/10625/56882/IDL-56882.pdf pp1 [Accessed: November, 2021] pp1

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access to justice when the right to bodily integrity is infringed upon.82 Nevertheless, the informal justice system responds to a need for accessibility, reparations, timeous decision-making and restorative justice compared to the delayed, costly and retributive justice-centred outcomes of the formal justice system.83 In 2008, Rwanda passed the Law No. 59/2008 of 2008 on Prevention and Punishment of Gender-Based Violence that paved way for the creation of a decentralized, informal court system. In 2015, statistics indicated that 33.6% of women had experienced intimate partner violence, with “41.4% of women and 17.9% of men [believing] that violent behaviour by husbands towards [their wives] is justified under specific circumstances.”84 The Bill included, under Article 10 on prevention, that “any person must prevent gender-based violence, rescue, and call for the rescue of victims of this violence” – setting a policy expectation for broad-based engagement in the fight to end GBV.85 The subsequent National Policy Against Gender-Based Violence (2011) established local level Umudugudu or decentralized committees designed to respond to gender-based violence.86 The members of the Umudugudu included the Umudugudu chief, community representatives of social affairs, women, a person responsible

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for security, and a man and woman who ‘exemplify integrity’.87 The role of the Umudugudu is to increase community awareness of gender-based violence, work with community health workers and policing forums to identify and refer victims for support services, report perpetrators to authorities and conduct home visits where GBV is suspected.88 There is great promise in what is possible by the Umudugudu in providing access to justice amid high levels of intimate partner violence in Rwanda, however, the patriarchal norms that underpin the interventions of the committee may not always result in the safest outcomes for the victim. A 2018 study by Manell et al found that the Umudugudu had as their primary concern the reconciliation of the victim to their perpetrator.89 Where they were unmarried, the Umudugudu would encourage the couple to marry and separation was only recommended in the instance that the violence was considered ‘too severe’.90 The perceptions that marriage and mediation alone could address intimate partner violence, and that physical violence is the only form of violence point to the limitations of informal justice and traditional systems in a context of deep-seated patriarchal norms and harmful behaviours. The 2008 National Policy on Gender-based Violence provides a broad definition of GBV, refer-

FGM is recognized as a form of violence against women, recognized by UN Women alongside intimate partner violence, non-partner violence, child, early and forced marriages. While outside the scope of this paper, it is important to note that the UN recognizes the drivers of intimate partner violence to be linked to those of FGM/C, including gender inequality, patriarchal structures and unequal power relations between men and women, which are sustained by social norms and practices upheld by men, women and even political and cultural formations. See UN Women. (2017). Policy Note: Female Genital-Mutilation/Cutting and Violence against Women and Girls: Strengthening the Policy Linkages Between Different Forms of Violence. https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/ Library/Publications/2017/Policy-note-Female-genital-mutilation-cutting-and-violence-against-women-and-girls-en. pdf. [Accessed February, 2022].

Ibid pp4 Mannell, J., Seyed-Raeisy, I., Burgess, R., & Campbell, C. (2018). The implications of community responses to intimate partner violence in Rwanda. PLoS One, 13(5), p.e0196584, pp3 Rwanda: Law No. 59/2008 of 2008 on Prevention and Punishment of Gender-Based Violence [Rwanda]. (2008, September 10). https://www.refworld.org/docid/4a3f88812.html [accessed December 2021] pp94 Ministry of Gender and Family Promotion. (2011). National Policy against Gender-Based Violence. https://www.care.org. rw/resources/policies-and-strategies/item/download/309_72566acdfb3379ad2f7f541bc85e0b74 [Accessed: November, 2021] pp17 Op., Cit., Mannell et al pp3 Op., Cit., Ministry of Gender and Family Promotion, pp18 Op., Cit., Manell et al pp5 Op., Cit., Manell et all pp5-6

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ring to harmful norms and behaviours, elevating the criminalization of marital rape, and including denial of property rights and verbal assault in its definition. However, this definition is not adequately integrated into the Umudugudu’s processes, with the need for all types and levels of gender-based violence to be taken seriously by officials overseeing the justice process.

The Rwanda case study thus illustrates that informal justice systems might have the potential to address GBV and are sometimes preferred to formal justice processes, but their interventions must be situated within a process that transforms entrenched harmful gender norms and responds adequately to gender-based violence across partners.

4) Addressing harmful norms and beliefs through community mobilization As illustrated in the review of institutional reform processes, the provision of legislative and policy infrastructure and institutions (formal and informal) to address gender-based violence is insufficient in isolation. Centuries of harmful norms and behaviours concerning gender, edified by socioeconomic structures and religious and cultural beliefs and practices, can serve to undermine efforts aimed at streamlining access to services and justice for victims of gender-based violence.

Norms and behaviours must be transformed for the realization of gender-just and equitable outcomes that deter gender-based violence. Importantly, this work must specifically transform patriarchal beliefs that legitimize the perpetration of harm (in all its forms) against those who are marginalized or do not present as cisgender, able-bodied and male (including the LGBTIQ+ community, women, sex workers, children, those living with disabilities and more). To this end, civil society and community groups have an important role to play in transforming harmful norms and behaviours concerning gender. Civil

society has been expanding its work on transformative gender approaches to include work with communities as a whole; traditional, religious and cultural bodies; and with men and boys to strengthen the response to gender injustices and gender-based violence.

Religious, cultural and traditional beliefs play a critical role in shaping inter-personal relationships and perceptions of gender-roles within the home and society.

Oftentimes, religious, cultural and traditional beliefs perpetuate patriarchal norms and practices that serve to undermine the equitable and just treatment of women and girls by legitimizing the perceived superiority of men over women, rigid gender roles and tasks within the home, and the use of violence to dehumanize and infantilize women and girls. These norms and beliefs further contribute to the marginalization of the LGBTIQ+ community and, inadvertently, the harm that these communities face for not conforming to cisgender, heterosexual and binary notions of man-ness and women-ness.

Engaging traditional, cultural and faith leaders to transform their own biases, and serve as conduits to the broader transformation of gender norms is a necessary contributor to the end of gender-based violence. To counter these beliefs, Southern Africa AIDS Dissemination Service (SAfAIDS), an NGO with presence across SADC, has applied its Political, Religious, Traditional, Justice and Health (PRTHJ) Sectoral Leadership Model to train and engage political, religious and traditional leaders for gender justice. The intervention, which has taken place over a period spanning more than a decade, has resulted in a pool of religious and traditional leaders who condemn GBV and champion sexual reproductive health rights, opposing gender-based violence, and engaging with communities, governments and multilateral organizations for the realization of gender

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equality.91 In Liberia, the work of Episcopal Relief & Development and Episcopal Church of Liberia Relief and Development (ECLRD), in working with Christian and Muslim religious leaders, demonstrated the potential these actors have for achieving gender justice and supporting the end of gender-based violence if equipped and supported to respond.92 Unfortunately, there are little to no available statistics on how engaging religious and traditional leaders have had a direct effect on levels of gender-based violence in Africa, with the link being inferred. Despite this gap in quantitative evidence, there is value in recognizing that religious and traditional leaders are important actors in shaping gender norms, values and behaviours for their respective communities.

In 2011, a study found that in the previous year 54% of men on the peripheries of Johannesburg, South Africa, had used violence against women, with these estimates expected to be more than double when compared to the rest of the country.93 Problematic use of alcohol, experiences of childhood and adult trauma, combined with high levels of depression increased the likelihood of use of gender-based violence for male respondents.94 A randomized control trial assessing community interventions of NGO, Sonke Gender Justice between 2012 and 2014, found that harmful gender norms were significantly and positively transformed to be more equitable at the end of the project.95 In Ghana, the Rural Response System’s

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approach deployed a similar approach of engaging communities through action teams, constituted of men and women, through awareness campaigns, training and the provision of psychosocial services for couples. According to the study, at the end of the intervention, a 55% reduction in women’s experiences of sexual violence at the hand of a partner was noted as well as a reduction in men’s controlling behaviour (both statistically significant).96 Similarly, a 2014 randomized control trial (RCT) of the SASA! community mobilization programme led by Raising Voices in Kampala, Uganda demonstrates the positive potential of grassroots community mobilization for transforming gender norms. The study assessed the community-level impact of the SASA! Programme to prevent violence and reduce HIV-risk behaviours. The SASA! Approach works to challenge the norms that uphold men’s domination and control over women, and the associated expectations of women’s subservience and men’s sexual entitlement. Building on the ecological model, the intervention focuses on deconstructing power across individuals and communities to raise awareness, provide support and mobilize action to respond to IPV. The intervention also includes local activism (with cultural leaders, activists, councillors, police and health care workers acting as change agents), media, advocacy, communications and training centred on understanding power inequalities and their impact on interpersonal relation-

European Commission. (2021). Compilation of Practices: Engaging with Religious Actors on Gender Equality and Gender-Based Violence. pp14-15 Ibid 22-23 Hatcher, A.M., Rebombo, D., McBride, R.S., Pino, A., Khumalo, M., Peacock, D., & Christofides, N. (2017). Evidence Brief: Men’s use of violence against women in an informal settlement. Sonke Gender Justice. https://www.whatworks.co.za/ documents/publications/96-sonke-change-trial-evidence-brief/file [Accessed: October, 2021] pp2 Ibid pp3 Pettifor, A., Lippman, S.A., Gottert, A., Suchindran, C.M., Selin, A., Peacock, D., Maman, S., Rebombo, D., Twine, R., Gómez-Olivé, F.X., & Tollman, S. (2018). Community mobilization to modify harmful gender norms and reduce HIV risk: results from a community cluster randomized trial in South Africa. Journal of the International AIDS Society, 21(7), p.e25134. https://genderjustice.org.za/publication/community-mobilization-to-modify-harmful-gender-norms-and-reduce-hiv-risk/?wpdmdl=26038&refresh=61baab070cdec1639623431 [Accessed: October, 2021] pp8 Ogum-Alangea, D., Addo-Lartey, A., Chirwa, E., Sikweyiya, Y., Coker-Appiah, D., Jewkes, R., & Adanu, R. (2019). Evaluation of the Rural Response System (RRS) to Prevent Violence Against Women and Girls in Ghana. https://www. whatworks.co.za/documents/publications/364-prevent-violence-against-women-and-girls-in-four-districts-ghana4/ file [Accessed: October, 2021] pp2.

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ships.97 The RCT found that following the intervention, there were significantly lower levels of social acceptance of IPV among women, and lower acceptance of IPV among men.98 The study also found that there was significantly greater acceptance that women can refuse sex and a 52% reduction in the past-year experience of physical IPV among women, who were also more likely to receive supportive community responses when coming forward to report cases of IPV.99 In Kenya, civil society has continued to work with men and boys to transform harmful norms and behaviours through individual mentoring, group sessions and therapies, open forums, couples’ counselling and inter-gender dialogues.100 The intention is to “involve and interest men in sexual and gender-based violence work through education and sensitization” to expand limited notions of GBV as a ‘women’s issue’ rather than as a socio-political and structural issue that concerns men and boys.101 Supporting organizations working to transform masculinities to be more gender-equitable and just has also required meaningful solidarity, engagement and alignment with the feminist movement to ensure that interventions targeting men and boys do not elevate ‘men’s rights’ as infringed upon in the work of promoting gender equality. It is also important that work with men and boys does not foreground their primary role as ‘protectors of women’, but rather elevates how patriarchal beliefs and practices negatively affect men, women and gender non-conforming

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persons. Through media campaigns, radio and TV shows and theatre performances, civil society has enhanced community education and access to information.

Successes of collaborative interventions in transforming masculinities in Kenya have included positive changes in men’s attitudes surrounding GBV, increased collaboration amongst stakeholders in the response to SGBV (including in campaigns for legislation), and expanding gender-related interventions to include all genders – with priority given to the safety of women who are disproportionately affected by violence.102 As a result of these ongoing conscientization efforts, male allies protested in solidarity with the women’s rights movement, in support of the Sexual Offences Act of 2006, which reportedly added pressure to male members of parliament who had been on the fence to pass the Bill.103 While this is not an indication of transformed masculinities, it presents one example of male engagement to support the amendment of GBV-related policies.

Community mobilization, through the engagement of men and youth, can also have positive outcomes for women’s experience of safety in public life. During the Arab Spring, experiences of SGBV, including harassment, increased in public spaces and during protests from 2011 onwards. A 2013 study showed that 99% of Egyptian women surveyed had experienced sexual harassment, rape or GBV in public.104 Women, in their diversity, are disproportionately affected by civil unrest, and during the uprisings in Egypt, this vul-

Abramsky, T., Devries, K., Kiss, L., Nakuti, J., Kyegombe, N., Starmann, E., Cundill, B., Francisco, L., Kaye, D., Musuya, T., & Michau, L. (2014). Findings from the SASA! Study: a cluster randomized controlled trial to assess the impact of a community mobilization intervention to prevent violence against women and reduce HIV risk in Kampala, Uganda. BMC medicine, 12(1), 3 Ibid., Abramsky 2014 pp1 Ibid., pp1 Edström, J., Izugbara, C., Nesbitt-Ahmed, Z., Otieno, P.E., Granvik, M. and Matindi, S. (2014). Men in collective action on SGBV in Kenya: A case study (No. IDS Evidence Report; 70). IDS. pp6 Ibid., pp6 Ibid pp6, pp19 Ibid pp20 Tadros, M. (2014). Reclaiming the streets for women’s dignity: Effective initiatives in the struggle against gender-based violence in between Egypt’s two revolutions. IDS. pp2

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nerability was heightened by lower levels of security, the collapse of law and order, and widespread corruption and availability of weapons.105 Ignited by the belief in the unconditional right of women to bodily integrity ‘irrespective of where they are, who they are with and how they are dressed’, vigilante groups led by women formed to respond to women who became targets of gangs in public life.106 Groups such as Shot Taharosh, Bassma and Opantish, were led by feminist activists and provided collective action, rescue operations and awareness campaigns to end SGBV in public. The operations of Bassma, which included awareness campaigns and media relations, responded to SGBV in mob contexts, through a stringent and regimented approach of male youth in uniform working to ensure security for women in public transport.

As a result of their effectiveness, the Ministry of Interior issued them with formal permits to patrol – which added to the legitimacy of the group to engage men on harmful masculinities.107 The young men engaged in Opantish, under the guidance of feminist praxis and activists, emphasized in a study that they “were not fighting [SGBV] on behalf of women, but in partnership with women”.108 Here the emphasis was on drawing instruction from feminist activists on how to respond to gender-based violence, and while the vigilante group engaged young men to provide security for women in public transport during the social unrest, this is only but one of their broader strategies in responding to gender-based violence.

Across the continent, different models of community engagement exist, including the We Are One Model (Sierra Leone), the

105 106 107 108 109

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Living Piece Model (DRC), or the Umodzi model (Malawi). Each engages societies within their context and is adapted to the networks, norms and practices of communities. Where men and boys are engaged within models of community mobilization, this must be done with consideration for the structural drivers of gender equality. Civil society actors must continue to engage with the feminist impetus for the transformation of gender norms: the creation of more just and equitable lives for all. Flood and Grieg (2021) wrote: “Work with men and boys has often remained too focused on individual men’s identities [and] attitudes, rather than on the structures and systems that sustain gender inequalities”.109 To effect equitable and lasting change, work with men, boys, traditional, cultural and faith leaders and at a community level, must continuously engage in investigations of power relations and how they shape access to justice and livelihoods, policymaking processes, and the distribution of resources at a local, national and international sphere. Herein is the power of intersectional feminism in sustaining intersectional gender justice, that men and boys would not work as ‘protectors’ of women and girls, but instead recognize they are also affected by patriarchal beliefs and practices entrapped in unsustainable gender-binaries that accrue harm women and girls.

5) The improvement of gender equality and economic opportunities for women and girls in their diversity Practitioners, scholars and funders have often acknowledged the contribution of structural drivers to gender-based violence,

Ipid pp2 Ibid pp2 Ibid pp13 Ibid pp17 Flood, M., & Grieg, A. (n.d.). Working With Men And Boys For Gender Equality: State Of Play And Future Directions. New York: UN Women. Policy Brief No. 23 pp1

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including socioeconomic inequality, lack of provision of social services and austerity measures that disproportionately affect women in society. The harmful norms and behaviours that perpetuate GBV are reinforced through state policy and practice, and further compounded by neoliberalism that has exacerbated the under-resourcing of social services, gendered wage inequality and unemployment. Furthermore, women’s right to land has been undermined by normative and structural barriers across the region, despite women accounting for 70% of the continent’s food production.110 Combined with these structural barriers to gender equality, women’s care work continues to be undermined as a policy priority. The gendered nature of unpaid care work means that women continue to subsidize economic activity, spending 3.4 times more on care work than men.111 Provisions for parental and care-giver leave exist to some degree, but in national policy these are framed largely in terms of the expectation of women to provide care for children (maternal leave). The effects of parental leave provisions (or the lack thereof for men) contribute further to the unequal distribution of care work in the home and reinforce the gendered nature of care work in alignment with harmful gender norms and stereotypes. Even formal care work continues to be underpaid in the region where 68% of community health workers are women: the ILO reports that “[t]he vast majority of [community health care workers] are unpaid, 43% receive non-monetary incentives and 23% receive stipends”.112 For domestic workers, women providing care to elderly family members and con-

110 111 112 113

tributing to social reproduction within the economy, the provision of equitable, dignified and just public services is a must.

So too is the creation of gender-equitable and inclusive economies that support living wages, enhanced social protection, and dignified livelihood options for women in their diversity. This also means ensuring that economic activities exist in cohesion with climate justice – especially as women in Africa disproportionately bear the brunt of climate change.113 Fostering gender equality and reducing the consequent likelihood of gender-based violence, must therefore be taken to mean more than the creation of jobs for women in traditionally male-dominated sectors. It must go much further to include the dismantling of neoliberal policies that contribute to the under-resourcing of public services, the downwards push on wages for women and the structure of economic activities that foster vulnerability through climate change and extractivism.

To respond to these challenges, civil society actors have engaged in mass mobilization to foreground the need for new formations of the economy and restructuring of national budgets. Whilst there has been a reported 32% increase in national budgets dedicated to ending gender-based violence between 2020-2021, ensuring that these funds are distributed equitably and sustained amid austerity measures during the COVID-19 pandemic and beyond is a challenge. Government commitments to specific budgets to respond to GBV, such as in Liberia and South Africa, must be monitored on an on-going basis. In Nigeria, Yiagi Africa has run campaigns calling on the federal and national government to increase budgetary allocations in

Kimani, M. (2012). Women Struggle to Secure Land Rights. UN Women, Africa Renewal. https://www.un.org/africarenewal/magazine/special-edition-women-2012/women-struggle-secure-land-rights [Accessed: December, 2021] International Labour Organization. (2018). ILO calls for urgent action to prevent looming global care crisis. https://www. ilo.org/africa/media-centre/pr/WCMS_633460/lang--en/index.htm [Accessed: December, 2021]

Ibid Mourdoukoutas, E. (2016). Women grapple with harsh weather. United Nations, Africa Renewal. https://www.un.org/ africarenewal/magazine/august-2016/women-grapple-harsh-weather [Accessed: December, 2021]

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appropriation bills to eradicate GBV in Nigeria.114 As a result of ongoing civil society campaigning, Adama State government has reportedly dedicated 35% of its budget to women’s development.115 In response to the challenge of gender inequality, Uganda has adopted gender-responsive budgeting at national and sub-national levels. The Ministry of Finance, Planning and Economic development includes in its budget call circular, a specific request to other Ministries to detail and resource-specific actions to address gender inequality through the budget.116 Parliament has also taken further measures, including removing the kerosene tax and the 18% Value-Added Tax on agricultural products for 2014/15 – to the benefit of farmers, the majority of which are women.117 Rwanda has also done extensive work to respond to gender inequality through gender-responsive budgeting.

Since 2002, the country has undergone an extensive process of embedding gender-responsiveness into state and local government budgets. Throughout the budget lifecycle, gender-sensitive budgets have been paired to program budgets contributing to more gender-equitable resource allocation.118 In both Uganda and Rwanda, research has indicated that gender-responsive budgeting has contributed to improved outcomes in maternal mortality, school enrolment and labour force participation for women and girls.119

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These outcomes demonstrate the potential of macroeconomic policy and budget-allocations to positively transform gender equality at a national scale. To enhance these gains and their contribution to the eradication of gender-based violence, states must consider at all levels how policy development, budgeting and implementation can be sustained and paired with civil society partnerships for interpersonal and community-level gender norms transformation. Working to curb the adverse effects of austerity, enhance provisions and protections for care work, and transform economic policies that contribute to the vulnerability of women is the important next step to address the structural drivers of GBV.

Amaza, M. (2021). Budgeting Can Be Used to Eliminate Violence Against Women and Girls in Nigeria – Yiaga Africa.

Yiagi Africa. https://yiaga.org/budgeting-can-be-used-to-eliminate-violence-against-women-and-girls-in-nigeria-yiaga-africa/?mc_cid=38f744afd8&mc_eid=0d824b8543 [Accessed: November, 2021] Ibid Stotsky, J., Kolovich, L., & Kebhaj, S. 2016. IMF Working Paper: Sub-Saharan Africa: A Survey of Gender Budgeting Effort.

International Monetary Fund. https://www.imf.org/external/pubs/ft/wp/2016/wp16152.pdf pp12 [Accessed: November, 2021] Ibid pp13 Ibid pp25 Ibid pp23 and pp16.

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Conclusion

Over the past three decades, considerable gains have been made through multisectoral collaboration to enhance the response to gender-based violence. This has included the formulation of international and regional frameworks that have served as benchmarks for policy development at the national level. In some instances, the development of national laws and policies has provided guiding practice for law enforcement and the judiciary, but access to justice continues to serve as a barrier to victims of gender-based violence. Where there have been gaps between policy development, resourcing and implementation, civil society has acted at different levels to ensure greater accountability for duty bearers to stick to their commitments, including through the provision of capacity-building for law enforcement, enhancing advocacy efforts and working at the local level to transform gender norms. Despite these gains, gender-based violence continues to negatively affect the right to life, human dignity and agency of women across the continent.

The discussion paper has elevated the ongoing challenges in ensuring that policy is adequately responsive to the diverse needs of women and girls, while at the same time accompanied by adequate resource allocation, monitoring and implementation plans. There are also significant challenges in capacity-development of duty-bearers across state infrastructure – not least law enforcement who are sometimes first-responders to crises. The creation of informal justice structures also seeks to respond to the barriers to access to justice for victims, high caseloads and the need for faster turnover in case processing. The existence and use of these structures provide promising infrastructure for access to justice, however, the norms and behaviours within the informal justice system must be better aligned to best practices in responding to GBV. These actors are also situated within a patriarchal value-system that under-

mines the access to justice that is the right of victims and survivors of gender-based violence. Informed by these limiting norms and beliefs, the paper therefore briefly discusses the interventions that have been implemented by civil society organizations to address the norms and practices that underpin gender-based violence in communities by engaging with traditional leadership, men and boys and providing services to victims. The impact of these interventions has been demonstrated for individual or community-level change, however, sustaining structural change is critical.

The scope of this paper cannot offer the full spectrum of solutions that may contribute to the end of gender-based violence, but there are promising signs of the types of enabling factors that may offer some positive outcomes in the GBV-response across the continent. These include: a) At the regional level, regional economic communities must develop specific policies to address gender-based violence and provide model laws that can serve as a benchmark for national governments looking to bridge the gap in their legislative frameworks. RECs have an important role to play in fostering information- and best-practice sharing among member states and monitoring their progress against commitments, which is a necessary step to achieve Sustainable Development Goal five on gender equality. Recognizing that member states are amenable to implementing the recommendations of RECs, there is an opportunity to strengthen the capacity of RECs to enforce minimum standards in the GBV-response, but only in consultation with civil society.

It is necessary for regional economic communities to include civil society, especially women’s rights organizations working on gender-based violence, in the policy development process and

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ensure that their ability to function is enhanced by the rights to freedom of association, assembly and expression. b) At the national level, Governments must, in consultation with civil society, develop, resource, implement and monitor laws and policies to address gender-based violence, including through the criminalization of such violence in all its forms (including sexual harassment, psychological violence and intimate partner rape) – and include guidance under national strategies that cut across departments, with clear roles and responsibilities for core actors.

Regulating informal justice processes, including traditional courts, may be a necessary step to ensure broad access to justice – but the norms that govern the decisions of these bodies must align to the basic premises of the rights to bodily integrity, dignity, equality, and justice for women. Options to expedite access to justice for victims can include fast-track courts, and caseloads must be closely monitored and aligned to legislation to ensure broad access to justice. Gender-responsive budgeting and policy-making (including for and beyond gender-based violence) must be pursued as a way to address the systemic drivers of gender inequality and gender-based violence.

Where capacity-building takes place, governments must ensure that this includes senior leadership, and is implemented in-line with gender-sensitive protocols and codes of conducts.

Internalizing capacity-development processes, in close consultation with civil society, is also necessary to ensure institutional memory and co-ownership of the GBV-response for all actors.

Governments must also deepen their engagements with civil society partners in the development and rollout of their GBV-response, protecting the civic freedoms of these organizations, and partnering with them to ensure that

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duty-bearers are aware of their mandates, updated information and trends in GBV, and able to act efficiently to respond to cases of GBV. The civic freedoms of women’s rights organizations must be upheld, to ensure consultative, equitable and transparent responses to gender-based violence. c) For civil society actors, the work on transforming norms and behaviours within government bodies and communities must continue, and more must be done to situate the gender-transformative approach within considerations for the structural drivers of gender inequality. Civil society actors must be supported to work with community-based organizations on documenting and capturing information on effective, localized solutions that can provide broader lessons to the field. The work with men and boys, traditional, cultural and faith leaders, and at an interpersonal and community-level is critical for shifting harmful norms and practices, however, research to support the impact of this work on sustained transformation of norms and behaviours is critical. Furthermore, this work must draw its impetus from the women’s rights movement and feminist principles to avoid unintentional outcomes that further contribute to the entrenchment of patriarchal beliefs that devalue the contributions of women in society. d) For donors and international development agencies, streamlining resources to support the core work of community-based organizations and women’s rights organizations is necessary. Providing longer-term funding to ensure sustainable gains and fostering multisectoral collaboration is necessary to ensure that actors at multiple levels can respond to GBV cohesively, especially those working on the first line of response where resources and research are scarce. Channelling resources to

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support research at the community level to enhance knowledge sharing on best practices in the GBV-response must be done to decolonize knowledge-making in the field and enhance co-learning among practitioners. Donors and international development agencies must work with governments to ensure that there are no undue restrictions on civil society responding to GBV and that there is a co-creation of resourcing agendas for the GBV response.

The lack of coordination among multiple stakeholders at the regional, national and sub-national level is an ongoing challenge that, if addressed, can contribute to more meaningfully transformative interventions and approaches within gender-based violence. Thus, while there have been gains, these remain concentrated in pockets of interventions at each level. Situating these gains within a coordinated multisectoral approach is important for further addressing the structural drivers of GBV in the region.

Taken cumulatively, this discussion paper has demonstrated the potential of different interventions to transform the reality for women and girls in their diversity to live lives free from violence. While the recommendations are not new, they remain necessary in the fight against gender-based violence.

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www.nelsonmandelaschool.uct.ac.za

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https://gwlvoices.com/

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