December 18, 2023 Global Indicators Briefs No. 24 Laws and policies to address violence against women in countries affected by fragility and conflict Isabel Santagostino Recavarren,* Shantel Marekera,* and Mariam Anaïs Gnakra* T his Brief presents data collected by the World Bank’s Women, Business and the Law (WBL) project on legal and supportive frameworks to curb domestic violence and sexual harassment in 55 countries, including 17 categorized as a ected by fragility, con ict, and violence (FCV). Analysis of the data reveals glaring gaps in the legal and supportive frameworks currently in place to protect women from violence, and between those frameworks. By providing an overview of the data across countries and a deep dive on laws and policies currently in place in FCV countries, as well as the gaps, the Brief can provide a starting point for e orts to further strengthen laws and policies on violence against women. Legal and policy measures addressing violence reduce economic activity by up to 8 percent due to a signi cant drop against women are vital to their safety and in formal female employment (Ouedraogo and Stenzel 2021). well-being, especially in fragile and conflict-affected Addressing violence against women through legal and policy settings interventions, as rst steps, could save countries millions of lives and billions of dollars every year (Modi et al. 2014). Research indicates Legal frameworks play a signi cant role in expanding women’s that worldwide, having domestic violence legislation in place could economic participation and empowerment. e World Bank’s have saved about 33 million women between 1990 and 2012 (Amin Women, Business and the Law (WBL) project demonstrates the et al. 2016). In the United States, every dollar spent on protection critical links between gender equality under laws and policies and orders for women has been estimated to save $30.75 in avoided costs positive outcomes for women’s employment and entrepreneurship. (Logan, Walker, and Hoyt 2012). Protective orders typically include Better performance in addressing domestic violence and sexual injunctions, restraining orders or any other order issued by a harassment in employment, as measured by the WBL index, is criminal or civil court to protect survivors from violent or associated with better development outcomes (World Bank 2022). threatening acts. Policy interventions aimed at funding domestic violence programs and the implementation of related laws are linked Worldwide, about one in three women has been subjected to to a reduction in recidivism of o enders and revictimization some form of violence, either physical or sexual, by an intimate (Bennett et al. 2004). Countries can promote survivors' long-term partner or a non-partner in their lifetime. In 2021 alone, every hour social, nancial, and emotional well-being by adopting a multifaceted more than ve women or girls were killed by someone in their own and collaborative approach to services such as medical and family (UN Women 2020; Sakhonchik et al. 2015). psychological support, legal aid, and livelihood support (Eckhardt et When a woman su ers abuse, her health and psychological al. 2013; Ghidei et al. 2022; McFarlane et al. 2014). Similarly, well-being are threatened and her capacity to work and function legislation protecting women from sexual harassment in socially are impaired, and so are those of her children, who are at a employment, by also establishing internal reporting mechanisms, higher risk of developing behavioral problems and perpetuating the and the adoption of internal codes of conduct, as outlined by the cycle of violence (Harrison 2021; WHO 2021; Sakhonchik et al. International Labour Organization (ILO), have been shown to 2015). Further, violence against women leads to an array of direct reduce sexual harassment costs to both individuals and companies in economic costs for countries, such as higher expenses on police, terms of increased absences, reduced productivity, and increased judicial, and health care services, as well as indirect costs, including employee turnover (Shaw and Hess 2018). Adopting fair, accessible, lower productivity, decreased pro tability and returns for and transparent complaints mechanisms in private and public sector companies, and overall high economic costs in relation to the employment increases the likelihood that victims of harassment will national GDP, resulting in hundreds of billions of losses lodge complaints and may also play a role in deterring perpetrators (Busby 2022; Keplinger et al 2019). (Commonwealth Secretariat 2020; EIGE 2021; Raghavendra et al. 2019; UN Women 2016). Research nds that an increase in the Violence against women is particularly acute in fragile and share of women subject to violence by 1 percentage point could con ict-a ected situations (FCS). Globally, 502 million women Affiliations: *World Bank, Development Economics, Women, Business and the Law. For correspondence: isantagostino@worldbank.org; smarekera@worldbank.org; mgnakra@worldbank.org. Acknowledgements: This Brief is a part of a series analyzing frameworks that support the implementation of the law in countries affected by fragility, conflict, and violence (FCV), as documented by the Women, Business and the Law (WBL) team. Support for the series is provided by the World Bank’s State and Peacebuilding Fund (SPF). The team would also like to thank Nayantara Vohra and Siyi Wang for the inputs provided, Norman Loayza and Tea Trumbic for comments and guidance, and Varun Eknath, David Francis, and Nancy Morrison for guiding the publication process and editorial assistance. Objective and disclaimer: This series of Global Indicators Briefs synthesizes existing research and data to shed light on a useful and interesting question for policy debate. Data for this Brief are extracted from the WBL database and supplemented by desk research. This Brief carries the names of the authors and should be cited accordingly. The findings, interpretations, and conclusions are entirely those of the authors. They do not necessarily represent the views of the World Bank Group, its Executive https://www.worldbank.org/en/research/brief/global-indicators-briefs-series. Directors, or the governments they represent. All Briefs in the series can be accessed via: https://www.worldbank.org/en/research/brief/global-indicators-briefs-series. DECIG – Global Indicators Briefs No. 24 (nearly 1 in every 16 women) live in countries a ected by fragility, the interim Taliban administration in Afghanistan suspended con ict, and violence (FCV), and an overwhelming portion of them university education for all female students, and prohibited (414 million, or more than 80 percent) live in con ict-a ected women from working for domestic and foreign nongovernmental ones.1 Because violence against women is often rooted in structural organizations (NGOs). inequality and power imbalances, which are prevalent in FCV countries, women in these contexts tend to face higher risks of e impact of violence on women’s economic participation can multiple forms of violence than women in non-FCV countries. have broader consequences for the economy and society as a whole, ese include exploitation, domestic violence, sexual violence, especially in the context of FCV countries, as shown by the drastic forced or early marriage, and multiple forms of sexual harassment, decline of per capita income in Afghanistan and Somalia recently among others. (Africa Development Bank 2023; World Bank 2023b). Investing in the reduction of violence against women and improving gender Con ict-related factors such as the proliferation of weapons, equality can lead to higher economic growth, increased productivity, the prevalence of armed groups, displacement, and the breakdown and greater social stability (UN 2022). All these highlighted of social norms and institutions signi cantly worsen the position intersecting factors contribute to the overall costs of violence against of women and heighten their vulnerability to gender-based women borne by individuals and societies at large. violence (Arango et al. 2021). For example, in Mindanao, the Philippines, protracted con ict and climate change have heightened women’s vulnerability to tra cking and sexual abuse. Robust legal and supportive frameworks are needed In Darfur, Sudan, women were often abused by local armed to address violence against women in FCV countries groups during their journeys to collect water (Ahmadnia et al. Although laws are a de jure formal recognition of rights and duties 2022). is con ict-gender-environment nexus also often results in and an establishment of them, improper implementation and weak displacement, which can lead to the break-down of families and enforcement remain critical barriers to the realization of de facto communities, leaving women without the support networks and women’s rights and opportunities. In recognition of this gap, WBL services they need to protect themselves from violence. Women who introduced a new conceptual framework for measuring how the law are displaced due to con ict or violence are at even greater risk of functions in practice. is “structure-process-outcome” approach violence because they are forced to rely on strangers or nontrusted examines legal and supportive frameworks that create an enabling individuals for basic needs such as shelter, food, and water (Arango environment for working women, as well as expert opinions about et al. 2021). Some of the gendered implications of con ict and the nature and extent of gender equality on the ground. Supportive fragility also include the disruption of traditional gender roles, which frameworks include, but are not limited to, national plans, can lead to increased violence against women as men struggle to programs, incentives, services, budgetary allocations, and national assert their dominance and control. For example, armed groups in entities responsible for collecting and publishing data and guidelines, multiple African countries such as the Central African Republic, the Democratic Republic of Congo, and Liberia, among others, are among others. is Brief presents ndings from questions of the notoriously known for using sexual violence against women as an WBL project concerning the legal and supportive frameworks in the instrument of war (Daudu and Shulika 2019). areas of domestic violence and sexual harassment in employment (table 1). e survey was administered in 55 pilot countries, e consequences of violence against women in FCV countries including 17 fragile and con ict-a ected (FCV) countries, of which are severe and far-reaching. According to a study of Somali women 10 are con ict-a ected and 7 are characterized by high institutional in a Kenyan refugee camp, women who experience intimate partner and social fragility.2 violence or con ict-related violence are more likely to su er from physical and mental health problems, including depression, anxiety, e laws and supportive frameworks analyzed were selected on and post-traumatic stress disorder (PTSD) (Hossain et al. 2020). the basis of their association with measures of women’s social and Because women survivors may be stigmatized and discriminated economic outcomes (Amin and Islam 2015; Htun, Jensenius, and against as a result of their experiences, they are also more likely to Nelson-Nuñez 2019; Islam, Muzi, and Amin 2019; Roy 2019; experience social and economic marginalization, thus placing them Zabalza and Tzannatos 1985). ey are aligned with the at risk for multiple health problems (Sabri and Granger 2018). international and regional legal frameworks on violence against Restrictions on women and girls’ mobility hinder their access to women, including in FCV contexts.3 ese were enacted with the education, training, and work opportunities, thereby limiting their aim of strengthening legal frameworks and justice systems at both potential to engage in paid work and fully contribute to the economy the international and country levels, increasing access to di erent (Ouedraogo and Stenzel 2021). For example, in December 2022, types of support services for women survivors of violence, and Table 1 Legal and supportive frameworks questions on violence against women Legal frameworks questions Supporting frameworks questions Is there legislation on domestic violence? Are legal mandates and services for survivors— medical and psychological support, legal aid and livelihood support—in place and operational? Is there legislation on sexual harassment in employment? Are there entities responsible for the adoption of anti-harassment policies and measures by employers? Are there criminal penalties or civil remedies for sexual harassment Is there a special procedure for cases of sexual harassment in employment? in employment? Source: World Bank Women, Business and the Law project. 2 DECIG – Global Indicators Briefs No. 24 promoting gender equality and women’s empowerment at the community level. While many FCV and non-FCV countries Figure 1 have legal frameworks on domestic Legal and supportive frameworks to address domestic violence violence, supportive frameworks lag e analysis of the WBL pilot data set of 55 countries revealed 100 92% that the existence of adequate and comprehensive legal frameworks 90 on violence against women is crucial when addressing violence 80 71% against women but is insu cient on its own. is is why more Percent of economies 70 attention should be focused on the presence of frameworks and arrangements that impede or support e ective implementation of 60 existing laws. ese include building competent and e ective 50 institutions and policies, strengthening enforcement structures, and 40 funding essential processes and services required for e ective 26% 30 implementation, among others. 20 12% Of the 55 pilot countries, 47 have enacted legislation speci cally 10 addressing domestic violence and imposing criminal penalties or 0 protection orders for such acts. Among the 17 FCV countries FCV economies Non-FCV economies covered by the implementation pilot, 12 have adopted legislation in Legal frameworks on domestic violence this area: Armenia, Azerbaijan, the Republic of Congo, Ethiopia, Kosovo, Lebanon, Mozambique, Nigeria, Papua New Guinea, Supportive frameworks on domestic violence Timor-Leste, the República Bolivariana de Venezuela, and Zimbabwe. is means that while 92 percent of non-FCV countries Source: Women, Business and the Law database. in the pilot have protections in place against domestic violence, 71 Note: The figure covers 55 countries, of which 17 are categorized as percent of FCV countries do, thereby revealing important disparities affected by fragility, conflict, and violence (FCV). in legal landscapes among FCV and non-FCV countries. Further, analysis of the supportive frameworks in place in the pilot revealed that only 12 countries—only 2 of them FCV countries—have work, and provides for the issuance of protection orders against adopted frameworks to support the e ective implementation of the perpetrators. Furthermore, the Law explicitly addresses marital rape established laws ( gure 1). by stipulating that any instances of “non-consensual intercourse” is a criminal o ense that carries a punishment of imprisonment for a Interestingly, all 7 FCV countries categorized as fragile have period of six months to two years, in addition to a ne. legislation on domestic violence in place, while only half of the 10 FCV con ict-a ected countries have adopted such laws. Further, e rst FCV country to introduce a law on domestic violence was the only 2 countries that have supportive frameworks in this area, the República Bolivariana de Venezuela, which set up this legal Timor-Leste and the República Bolivariana de Venezuela, are framework before the country was classi ed as a fragile state by the also fragile countries. is distinction between fragile and World Bank in 2019. After seven years of debate in parliament, and con ict-a ected countries can be attributed to weaker political four years after the rati cation of the Convention of Belém do Pará, structures and more constrained legislative capacity in the Ley sobre la Violencia contra la Mujer y la Familia came into force con ict-a ected countries than in fragile countries. in 1999 (Immigration and Refugee Board of Canada 2008). In 2007, the law was replaced by the more progressive piece of legislation, Ley e legal environment to protect women from domestic violence has Orgánica Sobre el Derecho de las Mujeres a una Vida Libre de improved in the last two decades, but important gaps remain in Violencia. And, more recently, the Republic of Congo speci cally FCV countries addressed, for the rst time, domestic violence through the adoption of the Law Mouebara in 2022. e law stands out as a comprehensive A break-down in the rule of law weakens principles of piece of legislation addressing multiple forms of abuse—physical, accountability, open government, and impartial and accessible justice, psychological, emotional, and economic—and providing for both which undergird all e ective legislative frameworks. is is why criminal penalties and protection orders for survivors (Agende violence against women is more pervasive in protracted periods of D'Information D'Afrique Central 2022) fragility, con ict, and violence because countries often lack the same legislative capacities to adopt laws in this area. For example, most In spite of the sustained push for legislative reform in the area of current laws protecting women and girls from domestic violence were violence against women by the international community, 5 of the 10 enacted only at the end of con ict or when its intensity decreased, as FCV con ict-a ected countries still do not have provisions in place to in the case of Mozambique. is pattern suggests that countries’ address domestic violence: the Democratic Republic of Congo, Libya, legislative capacity is impaired during a con ict, or before a country Myanmar, South Sudan, and the Republic of Yemen. A common trait was classi ed as fragile, as seen in the República Bolivariana de among these countries is that all of them have had much more severe Venezuela. and recent con ict. In Libya, the law penalizes domestic violence only if a man beats his wife to the extent that her injuries require In Mozambique, the Act on Domestic Violence Perpetrated against hospitalization, and the law explicitly states that merely beating or Women was passed only after the end of the civil war between the causing simple harm to one’s wife is not a punishable o ense. While government-led Mozambique Liberation Front and the Mozambican the Republic of Yemen o ers some form of protection against National Resistance, and before the reemergence of another con ict in domestic violence through the Penal Code’s general provisions 2013 (Addis Ababa University 2020). e Law on Domestic Violence criminalizing in iction of physical harm, the country has not yet Perpetrated against Women is a comprehensive piece of legislation that adopted speci c legislation addressing domestic violence. covers all forms of domestic violence against women, including physical, sexual, psychological, and economic abuse perpetrated by Moreover, although most countries in the pilot have established spouses, partners, and boyfriends, both current and former, and family legal protections against domestic violence, only in about half of them members. e law imposes criminal penalties, such as nes and does rape of a spouse constitute a criminal o ence. Out of the 17 FCV imprisonment from three days to eight years, as well as community countries in the pilot, while 4 explicitly criminalize marital rape 3 DECIG – Global Indicators Briefs No. 24 (Kosovo, Mozambique, Timor-Leste, the República Bolivariana Only 2 FCV countries, both characterized by fragility, have a de Venezuela), another 4 (Lebanon, Myanmar, South Sudan, comprehensive and integrated set of support services: Timor-Leste Zimbabwe) have a marital rape exemption in place: a wife is explicitly and the República Bolivariana de Venezuela (box 1). Both countries not allowed to le a complaint for rape against her husband. For have established by law the provision of the four support services for instance, Zimbabwe’s Section 68 of the Criminal Law (Codi cation survivors of domestic violence examined (health care, psychological and Reform) Act establishes that a husband cannot be prosecuted support, legal aid, and livelihood support) and all these services for “raping or indecently assaulting his wife […] unless the are operational in practice. e analysis revealed that 6 countries Attorney-General has authorized such a prosecution.” Similarly, (Armenia, Azerbaijan, the Democratic Republic of Congo, Kosovo, Myanmar’s Section 375 of the Penal Code provides that “sexual Mozambique) mandate the provision of all or some of the four key intercourse by a man with his own wife, the wife not being under services—which, however, are not fully operational in practice. For thirteen years of age, is not rape.” In the remaining 9 countries, instance, Azerbaijan’s Law on Domestic Violence mandates the women are legally entitled to le a complaint against their husband or provision of medical assistance and psychological support in partner under the general rape provisions in criminal laws. temporary shelters, as well as livelihood support in the form of e absence of legal frameworks protecting women from domestic education and trainings aimed at providing new professional skills. violence in FCV countries, and particularly in con ict-a ected states, Similarly, Kosovo’s Law on Protection against Domestic Violence directly corresponds to these countries’ lack of institutional capacity to mandates multiple ministries to establish social and medical e ectively address violence against women in both the public and assistance. e remaining countries do not have any legislation private spheres. is is also true in post-con ict settings; the establishing access to such services for survivors. terminology of “post-con ict” often masks the true reality of women When it comes to the actual functioning of such services, only in 7 at the end of con ict, as within the household the trauma of armed countries (Armenia, the Democratic Republic of Congo, Kosovo, con ict becomes a key ingredient in contemporary rates of domestic Mozambique, Myanmar, Nigeria, Papua New Guinea) are some of violence (Bradley 2018). these operational, particularly health care and livelihood support for survivors of domestic violence. For instance, to better address Almost all FCV countries have laws on domestic violence, but most domestic violence, ten years after the creation of a multisectoral lack supportive frameworks in this area mechanism for the integrated care of women survivors of violence, While 86 percent of the countries in the pilot have adopted Mozambique took further steps by enacting Ministerial Decree No. legislation on domestic violence, 78 percent do not have supportive 75 in 2020. e decree approved the Regulation on the Organization frameworks in place to ensure the implementation of the law. e and Operation of Integrated Care Centers for Victims of Domestic pilot data set on domestic violence surveyed whether support and Gender-Based Violence, commonly referred to as CAI. e CAI services—health care services, psychological support, legal aid, and is designed to provide protection, as well as coordinated and livelihood support—for survivors of domestic violence are mandated integrated health care, and psychological and legal assistance, for by law, as well as in place and operational. survivors of domestic and gender-based violence. To complement Legal and supportive frameworks on domestic violence in Timor-Leste and the República Bolivariana Box 1 de Venezuela Among the 17 countries categorized as a ected by fragility, con ict, and violence (FCV) in the pilot Women, Business and the Law data set, Timor-Leste and the República Bolivariana de Venezuela stand out due to the comprehensive approach to domestic violence in both their legal and supportive frameworks. Timor-Leste recognized women’s empowerment as a key development strategy in its rst National Development Plan after achieving independence in 2002. is plan highlighted the newly formed nation’s intention to ratify the Convention on Elimination of Discrimination Against Women (CEDAW) and to adopt legislation to protect women and girls from violence. In 2010, the country took a step forward by adopting the Law on Domestic Violence (No. 7/2010), making multiples forms of domestic violence—such as physical, emotional, sexual, and nancial abuse—a punishable o ence. e law also mandated the provision of a variety of service for women survivors of violence and their children. Since then, the government has strengthened the support for survivors at di erent levels through, for instance, a program to provide specialized support and assistance services for survivors (Orientasaun TeknikaatuEstablese Uma Mahon). In 2016, the government program provided nancial assistance to nongovernmental organizations to run shelters and transitional houses for women in ten districts. Legal assistance, medical forensic examination, counseling, life-skills training, and reintegration support services are provided through the Nabilan (Ending Violence Against Women) government program, in cooperation with the Asia Foundation. e República Bolivariana de Venezuela adopted a comprehensive legal framework in 2007 to address violence against women more holistically and in multiple areas, by mandating the provision of health care and psychological services, legal aid, livelihood support, and other services for survivors. In addition, in 2013 the country established coordinated and integrated support services for women survivors of domestic violence through Centros de Atención y Formación Integral de las Mujeres (CAFIM). e CAFIMs are facilities where a multidisciplinary team of professionals provides comprehensive care to women, including counseling and psychological services, gynecological consultations, and nancial and legal assistance, with a capacity to attend 1,000 women per month. Besides creating a domestic violence national hotline, the Ministry of the People’s Power for Women and Gender Equality (MINMUJER) made shelter houses available for survivors of extreme situations of gender-based violence. e shelter houses were established under a program speci ed in the Organic Law on the Right of Women to a Life Free of Violence to provide discreet, con dential, and safe temporary housing to women and their children under 12 years of age. However, despite legislative changes and the creation of special courts and centers for survivors, women’s access to justice was still limited. us, in 2021, the country further amended the law, expanding the de nition of domestic violence to include family violence by all relatives, mandating the Supreme Court to ensure the existence of specialized courts in border and hard-to-reach areas, modifying reporting procedures, and developing a program promoting the nancial autonomy of women survivors of violence. Source: Asia Foundation 2019; Timor-Leste National Development Plan 2012; UN Women 2016. 4 DECIG – Global Indicators Briefs No. 24 these e orts, the government has created 24 integrated care centers, Mozambique, Nigeria, South Sudan, Timor-Leste, the República and has attached domestic violence survivor’s assistance o ces to the Bolivariana de Venezuela, and Zimbabwe). Further, 45 economies police stations in all provincial capitals. Training is being provided to have in place either criminal penalties or civil remedies to address enhance the capacities of police and criminal justice system o cers, such behaviors; of these 34 (75.5 percent) are non-FCV countries health care providers, and CAI sta , and to develop a harmonized and 11 (24.5 percent) are FCV countries. Further analysis revealed approach toward psychosocial support and case management, through that only 20 (36.4 percent) have gone on to adopt supportive the support of development partners. Following a similar approach, frameworks, such as sexual harassment policies, internal codes of the Republic of Congo, addressed gender-based violence through Law conduct, and only 9 (16.4 percent) special procedures for cases of Mouebara in 2022. e parliament authorized the creation of a sexual harassment. Of these, only 2 are FCV countries ( gure 2). rehabilitation center for women survivors of domestic violence, the Mouebara Center. Although the center is not yet operational, it aims Overall, fragile countries have better legal and supportive to provide essential support to victims of domestic violence, such as frameworks in place on sexual harassment in employment compared psychological, social, administrative, and legal services. to con ict-a ected ones—a pattern already noted in the analysis of legal and supportive frameworks on domestic violence. Sixty percent Legal and supportive frameworks to address sexual harassment in of con ict-a ected countries have legislation on sexual harassment in employment employment, compared to 86 percent of fragile countries. Further, out of the 55 countries in the pilot, 24 have supportive frameworks in Women face sexual harassment in multiple spheres of their lives, place, intended as either an entity responsible for de ning and including employment, education, cyber-space, and public places supporting the adoption of anti-harassment policies and measures by such as public transport, marketplaces, among others. ese forms of employers, or special procedures for sexual harassment in violence are even more pronounced in FCV contexts where con ict, employment. Twenty-two (40 percent) are non-FCV countries, fragility, injustice, and insecurity remain prevalent, and women are while only 2 are FCV countries , and both fragile: the República used as either strategies or byproducts of con ict, which further Bolivariana de Venezuela and Zimbabwe. reinforces the continuum of sexual harassment against women and girls in multiple spheres of their lives, including at work. As the rule While the majority of FCV countries have addressed sexual of law and countries’ institutional capacity is reduced in fragile and harassment in employment, more needs to be done to enact con ict-a ected countries, violence against women—including comprehensive legal frameworks sexual harassment—is magni ed, resulting in severe mental health issues and PTSD, threats to women’s physical integrity, and impaired Only 7 of the 17 FCV countries covered in the WBL pilot have access to education and work opportunities, among others. Such comprehensive legal frameworks on sexual harassment in employment: factors limit women’s economic opportunities and capacity to enter the Democratic Republic of Congo, Ethiopia, Kosovo, Lebanon, and remain in the workforce. Frameworks that support the e ective Mozambique, South Sudan, and the República Bolivariana de implementation of the law, such as government institutions in charge Venezuela. All 7 have enacted both criminal penalties and civil of establishing national policies on sexual harassment in employment, remedies to address such behavior. Conversely, the Republic of Congo and judiciaries capable of swiftly ruling on sexual harassment and Nigeria only criminalized these acts, while Azerbaijan and complaints, are key. Zimbabwe only enacted civil remedies for survivors, in addition to prohibiting sexual harassment in employment. Timor-Leste’s Labor WBL found that out of the 55 countries in the pilot data set, 49 Code only prohibits sexual harassment in the workplace, neither have enacted legislation on sexual harassment in employment. Of these, 37 (75.5 percent) are non-FCV countries and 12 (24.5 providing criminal penalties for perpetrators nor making civil remedies percent) are FCV countries: Azerbaijan, Republic of Congo, available to survivors. Democratic Republic of Congo, Ethiopia, Kosovo, Lebanon, In 2020, Lebanon introduced the Law on Criminalizing Sexual Harassment and the Rehabilitation of its Victims, which not only makes sexual harassment in employment a punishable o ence, but Supportive frameworks lag legal also enables victims to claim compensation for the psychological, Figure 2 frameworks on sexual harassment in moral, and material pain su ered. is law also contains landmark many FCV and non-FCV countries provisions outlining whistleblower protections. However, because it 97% addresses sexual harassment solely as a crime, it fails to tackle 100 prevention, labor-related aspects, monitoring, and civil remedies. 90 More recently, the Republic of Congo’s Law Mouebara, passed in 80 2022, protects women from sexual harassment in employment and 71% Percent of economies 70 imposes criminal penalties for such conduct, up to 10 years in prison. 58% 60 e Democratic Republic of Congo stands out as the rst 50 con ict-a ected country to introduce such legislation, in 2002. e 40 law provides victims of sexual harassment with the remedy of 26% terminating their employment contract and claiming compensation 30 20 12% for damages incurred. 10 Beyond the sphere of employment, only 5 FCV countries covered 0 by the WBL pilot have enacted legislation addressing sexual FCV economies Non-FCV economies harassment in education: Ethiopia, Kosovo, Lebanon, Nigeria, and Legal frameworks on sexual harassment in employment República Bolivariana de Venezuela ( gure 3). e Criminal Law of Lagos State in Nigeria, enacted in 2011, clearly de nes sexual Supportive frameworks on sexual harassment in employment harassment in education as a felony, making o enders liable to imprisonment for three years upon conviction. is law sets a Source: Women, Business and the Law database. Note: The figure covers 55 countries, of which 17 are categorized as precedent for other countries in fragile and con ict situations to affected by fragility, conflict, and violence (FCV). follow in the ght against sexual harassment in education. With regard to sexual harassment in public places, 13 of the 17 FCV 5 DECIG – Global Indicators Briefs No. 24 Many FCV and non-FCV countries lack legal frameworks on sexual harassment in education, Figure 3 public places, and cyber-harassment 100 90 80 70 Percent of economies 60 47% 47% 50 40 36% 29% 30 23% 20 12% 10 0 Legal frameworks on sexual Legal frameworks on sexual Legal frameworks on harassment in education harassment in public places cyber-harassment Non-FCV economies FCV economies Source: Women, Business and the Law database. Note: The figure covers 55 countries, of which 17 are categorized as affected by fragility, conflict, and violence (FCV). countries in the pilot have not yet adopted legislation speci cally country has been given the responsibility of de ning and addressing such o ense in public areas or transportation. supporting the adoption of anti-harassment policies by employers. is has left Mozambique without any comprehensive mechanisms Cyber-harassment and cyber-stalking have also emerged as to complement its legal framework on sexual harassment in increasingly prevalent issues, particularly since the onset of the employment. Similarly, in Azerbaijan, the absence of special COVID-19 pandemic. Despite the growing threat, only 2 FCV procedures and accountability frameworks, as well as a lack of countries covered by the WBL pilot have taken legal measures budgetary allocations to fund e orts to curb violence against women, to prohibit cyber-harassment: Lebanon and Nigeria. Lebanon’s continue to deter women from reporting cases of sexual harassment landmark anti-sexual harassment Law No. 205 criminalizes sexual and receiving the necessary support they need. harassment in any place including cyber-space and classi es it as a form of misdemeanor punishable by nes and imprisonment. In this context, the República Bolivariana de Venezuela and Although the majority of FCV countries are yet to enact laws in this Zimbabwe are the only 2 FCV and fragile countries that have area, some of them, such as Ethiopia, have made e orts to partially adopted comprehensive supporting frameworks to address sexual address it. Ethiopia’s legislation, while not speci cally addressing harassment in employment (box 2). e República Bolivariana de harassment or acts occurring through the internet, refers more Venezuela provides best practices for establishing special procedures broadly to the harm caused by electronic means. More needs to be for cases of sexual harassment in employment, while Zimbabwe done to address cyber-harassment in FCV settings to protect provides best practices for creating dedicated and independent individuals—particularly women—from the harmful e ects of online entities to receive, investigate, and adjudicate cases of sexual abuse. harassment. Shortcomings in FCV countries supportive frameworks on sexual Conclusion harassment in employment limit the full implementation and Violence against women is an unacceptable and pervasive e ectiveness of laws plague both at the global level and especially in FCV countries. e analysis of the pilot data set revealed outstanding gaps Astonishingly, despite the magnitude of this phenomenon, results of between legal and supporting frameworks to e ectively prevent the analysis of the WBL pilot data set show that many of them lack and respond to sexual harassment in employment, with only 2 legal and supportive frameworks to address violence against women. fragile countries—República Bolivariana de Venezuela and e gap is even wider when looking at supportive frameworks only. Zimbabwe—having supporting frameworks in place. e WBL Speci cally, less than half of non-FCV countries in the WBL pilot research and analysis identi ed where the law not only establishes the have supportive frameworks in place to address domestic violence and appointment of independent entities responsible for adopting sexual harassment, with 47 percent and 26 percent, respectively. And anti-harassment policies and measures in employment, but also the divide is even more alarming among the 17 FCV countries special procedures for such o enses. covered by the pilot, as only 2 have comprehensive measures in place against domestic violence, and only 2 have mechanisms to address Twelve out of the 17 FCV countries in the pilot have enacted legal sexual harassment in employment. Interestingly, fragile countries provisions prohibiting this behavior, yet in practice 10 of these 12 have more comprehensive legal and supportive frameworks in place countries have not adopted any measures to implement legal than con ict-a ected countries. is may be indicative of the fact frameworks addressing sexual harassment in employment. For that while institutional capacity is reduced or nonexistent in both sets instance, Mozambique prohibits sexual harassment in the workplace of countries, the spillovers from con ict may be much more severe under both criminal and civil law, but no government entity in the due to the active armed violence, thus minimizing countries 6 DECIG – Global Indicators Briefs No. 24 Legal and supportive frameworks on sexual harassment in the República Bolivariana de Venezuela Box 2 and Zimbabwe e República Bolivariana de Venezuela has put in place various policy and programmatic measures to prevent and respond to sexual harassment in employment. ese include the creation of institutions and the implementation of new programs to complement legal and institutional frameworks already in place to prevent and respond to sexual harassment in employment. Key institutions in this area include the Ministry of Popular Power for Women and Gender Equality, the Ministry of Public A airs, and the Ministry of the Popular Power for Interior, Justice and Peace to investigate and penalize perpetrators of sexual harassment in employment. While the Ley Orgánica sobre el Derecho a una Vida Libre de Violencia and Ley Orgánica del Trabajo have created a conducive legal environment that enables women to receive criminal and civil recourse for sexual harassment in employment, the government has gone further to enact supportive policy frameworks in this regard. For example, the National Prosecutor for Women’s Rights, a department under the Ministry of Public A airs, was created solely to prevent violence against women, and investigate and penalize perpetrators of crimes including sexual harassment in employment. In line with Ley Orgánica del Trabajo, the Public Prosecutor’s o ce is also responsible for initiating special investigatory procedures to prove the commission of sexual harassment, ascertaining the appropriate psycho-social needs of victims, and issuing protection and security measures. Women victims further have the option of approaching the Court of Violence against Women for a secondary review of the Public Prosecutor’s nal decision, which allows for comprehensive redress for women victims. Zimbabwe has adopted comprehensive programmatic measures to prevent and respond to sexual harassment. Its new Constitution, which came into force in 2013, provides for the establishment of the Zimbabwe Gender Commission. e functions of this Commission, as set out in the Constitution, include monitoring issues concerning gender equality, investigating violations of gender-related rights, handling complaints, conducting research into issues of gender and social justice, and recommending policy and legal changes, among others. Pursuant to this, in 2016, the parliament also enacted the Gender Commission Act. is law includes detailed provisions regarding the functioning of the Gender Commission and mandates that the Commission holds a Gender Forum every year. Ten years after the establishment of the Zimbabwe Gender Commission, the Commission has a dedicated website and social media accounts that publicize its work as well as receive and handle sexual harassment cases from the public; works closely with the National Prosecuting Authority of Zimbabwe to ensure sti penalties for perpetrators of violence against women and girls; and publishes an annual report outlining the Commission’s operations. Earlier this year, the Commission launched a call for nominations for its rst-ever Gender Equality Awards in recognition of individuals and institutions with outstanding gender-responsive programs, including initiatives on preventing and responding to violence against women. e Zimbabwe Gender Commission has also recently developed the Strategy for the Elimination of Sexual Harassment and Gender-Based Violence in the Workplace in Zimbabwe (2021–2025) in collaboration with the International Labour Organization (ILO) under the Spotlight Initiative. is Strategy aims to aims to create an environment that will lead to a reduction, and ultimately elimination, of sexual harassment in the workplace. e Strategy also focuses on ensuring that cases of sexual harassment cases in the workplace are reported and are adjudicated upon in a timely manner. Source: International Labor Organization (ILO), 2021. legislative and institutional capacity. Notes 1 Data are based on the World Bank scal year 2023 (FY23) list of fragile and It is therefore critical that policy makers and the international con ict-a ected situations (FCS). At present, there are 37 FCV countries, community take action to address this complex and multifaceted according to the World Bank FY23 list. issue, which requires a comprehensive and coordinated response, 2 e 10 con ict-a ected countries are Armenia, Azerbaijan, the Democratic Republic of Congo, Ethiopia, Libya, Mozambique, Myanmar, Nigeria, aswell as consideration of the very unique attributes of and di erences South Sudan, and the Republic of Yemen. e 7 fragile countries are the between fragile countries and con ict-a ected countries. By Republic of Congo, Kosovo, Lebanon, Papua New Guinea, Timor-Leste, understanding the underlying causes of gender-based violence, the the Bolivarian Republic of Venezuela, and Zimbabwe. consequences of it, and what works, a safer and more equitable 3 International frameworks include the Convention on the Elimination of All environment can be built for women in FCV contexts. Women, Forms of Discrimination Against Women (CEDAW); Declaration on the Elimination of Violence against Women (DEVAW); Inter-American Business and the Law will expand its research agenda to provide a Convention on the Prevention, Punishment and Eradication of Violence better understanding of the status of laws and policies worldwide, and Against Women (Convention of Belem do Pará); Protocol to the African to identify interventions to e ectively prevent and respond to Charter in Human and People’s Rights on the Rights of Women in Africa violence against women. (Maputo Protocol), among others. 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