FILE PICTURE:ZLDC Director Hope N.Chanda explains the content of the report to New Heritage Party leader Chishala Kateka following a request to explain on matters that have been trending on social media about bigamy, abortion, among others
By Lina Jere, Ngela Munalula and Dorica Pelemba
Gender equality and the balanced participation of women and men in political and decision-making positions is a human right, and an essential component of sustainable development[1]. However, the traditional perceptions on the role of women in society have had a negative influence on how many women are considered for leadership positions, nominated to run for office, and on how many female candidates actually win elections[2]. These perceptions were discussed by Julia Gillard, the former Australia Prime Minister who stated in an interview that continuing biases are brought to bear in the evaluation of women and it is easily assumed women are too soft for leadership, or too emotional or hysterical.[3]
In Zambia, the political participation and leadership of women remains low[4]. However, hope was reignited on 3rd September, 2021, when Ms. Nelly Muti was appointed as the first ever female speaker of the National Assembly. Speaking on her appointment in an interview with the Zambia Daily Mail, Ms. Muti stated that it was an honor to have been given the opportunity. She further stated that being a woman alone was not a qualification for the appointment, but that she was competent.[5]
This Article seeks to explore the extent of the participation of women in politics and decision-making in Zambia based on statistics, and the role that law plays in facilitating an inclusive environment. It further seeks to make recommendations towards the enhancement of the participation of women in meaningful leadership roles. The findings of the research conducted by the Zambia Law Development Commission (ZLDC) under the law review project to Engender the Electoral Process Act have been referenced in this regard.
What is the Extent of Female Participation in Politics and Decision Making in Zambia?
Around the world as well as in Zambia, women are under-represented as voters, as well as in leadership positions, whether in elected office, the civil service, or the private sector. This occurs despite their proven abilities as leaders and agents of change, and their right to participate equally in democratic governance.[6]
With regards to female participation in politics and elected offices, it is important to note that electoral system in Zambia is the majoritarian system at presidential level[7], and the first past the post[8] at parliamentary level. Zambia has never had a female President. Currently, only 14.7% of the Members of Parliament are female. This is a 2% drop from the 2016 when 16.7% of the Members of Parliament were female. In 2011, 10.76% of the Members of Parliament were female, and in 2006, 14%[9]. Under the ZLDC project to Engender the Electoral Process Act, stakeholders attributed the low levels of representation in elected positions to women not being floated for nomination by political parties; women not having access to resources that would allow them to compete with their male counterparts; lack of reservation of seats in Parliament for women; the electoral system being first-past-the-post at parliamentary level, as an analysis of electoral systems around the world shows that women fare better under a proportional representation[10] system; and women being discouraged to participate in politics due to being targeted by sexism-charged insult and harassment.
With regards to political appointments, Article 110 of the Constitution requires a presidential candidate to appoint a running-mate who shall be the vice-president where such presidential candidate wins the election. Zambia only had its first female Vice President, Mrs. Inonge Wina in 2015. This has continued under the current government, with H.E. President Hakainde Hichilema appointing Mrs. Mutale Nalumango as his running-mate, and now Vice President in 2021.
The low representation of women in leadership positions extends beyond politics, into the private sector. The Law Association of Zambia for instance has been in existence since 1973, and only elected its first female president (and only thus far), Ms. Linda Kasonde in 2016. It is governed by a Council of 15 elected members, and currently, only 3 of the members of the Council are female[11]. Similarly, the Zambia Institute of Architects has been in existence since 1953 and has never had a female president, but elected its first female vice president, Mrs. Mangala Lethbridge (and only thus far) in 2013. It is governed by a Council of 13 members, and currently, only 2 of the members of the Council are female.
In the public service, the current Director of Public Prosecutions, Ms. F.L Shawa-Siyunyi S.C is the second female appointed to the position, following 10 appointments that have been made since independence in 1964[12]. However, the Judiciary is one sector that has made strides in achieving gender equality. Late former Chief Justice, Madam Justice Irene Mambilima who was appointed in 2015 was the first (and only thus far) female Chief Justice in Zambia. She was confident that female representation would improve across the judiciary[13]. Currently, 62% of the Constitutional Court Judges are female; 30% of the Supreme Court Judges are female; and 50% of the Court of Appeal Judges are female[14].
The underrepresentation of women has been subject to lawsuits. Most recently, in the case of Chapter 1 Foundation and three others v. the Attorney General 2020/CCZ/0013, a local non-governmental organisation, Chapter 1 Foundation, sued the government to challenge the lack of diversity in political appointments- 24 cabinet ministers were appointed, with only 4 women, and only 1 woman is a Provincial Minister out of 10. The petition was dismissed on the grounds that the power of the president to appoint members of cabinet was discretionary. Further, the court was of the view that the petitioners bore the burden of proving that it was practical to appoint an equal number of women and men. Chapter 1 Foundation has gone on to complain against the Zambian government to the African Commission on Human and People’s Rights[15].
Other court matters concerning discrimination of women include the case of Sara Longwe V. Inter Continental Hotel 1992/HP/765 (HC) where the plaintiff sued a hotel for refusing her entry into the hotel as she was not accompanied by a man. The Court held that the practice was unlawful and in contravention of the freedom of movement and the protection from discrimination provided for under the Constitution. In another case of Edith Zewelani Nawakwi v the Attorney General (1991) S.J. (H.C.), the petitioner was denied the ability to renew her travel document with the inclusion of her children in it, without consent from the father of the children. The Court held that the petitioner has been unfairly discriminated against on the ground of sex, and that a family headed by a single woman was recognised as a family unit in Zambia.
Does the Law Play a Role?
Zambia is a signatory to a number of international instruments that protect women from discrimination and encourage the participation of women in politics and decision making. Being signatory to these Acts places an obligation on the State to reflect the provisions in the law. The government has attempted to promote equal participation of men and women in politics and decision making, as required under the international instruments and national level through the enactment of the following laws;
- International Instruments
- The Universal Declaration of Human Rights
Women’s rights are the fundamental human rights that were enshrined by the United Nations for every human being on the planet nearly 70 years ago. These rights include the right to live free from discrimination;[16] to be educated;[17] to own property;[18] to vote;[19] and to earn a fair and equal wage.[20] Yet almost everywhere around the world, women and girls are still denied them, often simply because of their gender.
Article 21, Everyone has the right to take part in the government of his country, directly or through freely chosen representatives
Article 23, Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work.
- The United Nations Convention on the Political Rights on Women
The United Nations Convention on the Political Rights of Women was adopted in 1954. It was the first international legislation protecting the equal status of women to exercise political rights. The Convention was one of the United Nations’ several post-war efforts to set standards of non-discrimination against women. The Convention reiterates the principles set out in article 21 of the Universal Declaration of Human Rights, which declares that all people have the right to participate in the government of their country, and to access public services. The key articles of the II. The United Nations Convention on the Political Rights on Women that’s relates to participation of women in politics and decision making include;
Article 3 – Women shall be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination. Women shall be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination.
- The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981. The Convention defines discrimination against women as “…any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”
Article 7
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:
(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;
- IV. Southern African Development Community Protocol on Gender and Development
The SADC Protocol on Gender and Development was adopted in August 2008 and encompassed commitments made in all regional, global and continental instruments for achieving gender equality. The Protocol requires States Parties to put in place affirmative action measures with particular reference to women in order to eliminate all barriers which prevent them from participating meaningfully in all spheres of life and create a conducive environment for such participation. The key Article of the Southern African Development Community Protocol on Gender and Development that’s relates to participation of women in politics and decision making include;
Article 12
- States Parties shall endeavour that, by 2015, at least fifty percent of decision-making positions in the public and private sectors are held by women including the use of affirmative action measures as provided for in Article 5.
- States Parties shall ensure that all legislative and other measures are accompanied by public awareness campaigns which demonstrate the vital link between the equal representation and participation of women and men in decision making positions, democracy, good governance and citizen participation.
- Domestic Legislation
- The Constitution of Zambia, Chapter 1 of the Laws of Zambia
The Constitution guarantees equality between men and women as it recognizes that every person in Zambia is entitled to all fundamental rights and freedoms as contained in Part III of the Constitution. Article 8 of the Constitution provides for national values and principles which include non-discrimination. Article 259 provides that where a person is empowered to make a nomination or an appointment, that person shall ensure that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so. According to Article 68 and 69 the president may nominate not more than eight members of the parliament. This provision may be utilised by the president to enhance the female representation in the National Assembly. Since Cabinet Ministers are nominated from Parliament, increasing the participation of women through Articles 68 and 69 may result in a more gender balanced Cabinet.
The Gender Equity and Equality Act No. 22 of 2015
The Government has strengthened the legal framework by enacting the Gender Equity and Equality Act, 2015 which has progressive provisions for the equal participation of both sexes in decision making. The Act further provides for all public bodies and private bodies within their responsibilities to develop special measures to achieve at least fifty percent representation of women in decision-making structures.
Some of the key provisions of the Act include Section 24, which requires the minister responsible for gender and the Gender Equity and Equality Commission to ensure equal representation and participation of both sexes in decision making by formulating and implementing policies, strategies and programmes.[21] Section 29, further provides that a woman has, on an equal basis with a man, the same right to participate in public decision making; and to hold public office and perform public functions at all levels of Government.
Whilst the Act provides for the establishment of Gender Equity and Equality Commission which is responsible for its implementation, the Commission has not been constituted. This therefore acts as a setback in terms of the implementation of the Act.
The Zambian government has been assisted by non-governmental organisations that protect women from discrimination, and promote their participation in politics and decision making. These organisations include the Zambian National Women Lobby, Non-governmental Gender Organisations’ Coordinating Council, Women for Change Zambia, the State of Women’s Rights, the Zambia Alliance of Women and Women and Law Southern Africa. The government also developed a National Gender Policy in 2014, which among other things, seeks to ensure the attainment of gender equality in the development process by redressing the existing gender imbalances.
What Can We Learn from Other Countries?
Africa is increasingly a role model in the political empowerment of women with many countries throughout the continent on a promising trajectory of success[22]. A comparative study was therefore carried out with Rwanda and South Africa to examine how the laws in these countries have been developed to enhance female participation, as they rank amongst the top 10 countries in Africa with the highest female representation in Parliament. These countries were also selected on the basis that being African countries, they have a similar socio-political and cultural environment as Zambia, and therefore, Zambia could adopt evidence based best practice.
Rwanda
Rwanda is an outlier, with more women in power, proportionally than any other country in the world. Rwanda is the first country in the world with a female majority in parliament, with 61.3% in the Chamber of Deputies and 38.5% in the Senate[23]. Rwandan women are leaders not only in government but in business and in all sectors of society and the economy[24].
Strong political commitment has resulted in significant positive strides in the promotion of gender equality and women’s empowerment. For instance, with regards to political commitment, the role of boys and men in achieving gender equality has been highlighted in the United Nations Women-led HeforShe campaign[25], and the President of Rwanda, H.E. Paul Kagame, is one of 10 Heads of State who are Global Impact Champions for this movement[26].
The law is also a major contributing factor to the successful promotion of meaningful female participation in Rwanda. For instance, the Constitution of Rwanda contains provisions that seek to ensure that women and men participate in political and economic life at the same level. These provisions include Article 10, which states that the country is committed to building a State governed by the rule of law, a pluralistic democratic Government, equality of all Rwandans and between men and women which is affirmed by women occupying at least thirty percent of positions in decision-making organs.
Article 56 states that one of the obligations of political organizations is to reflect the unity of Rwandans as well as equality and complementarity of men and women in the recruitment of members, in establishing their leadership organs, and in their functioning and activities. This provision aids in ensuring that women take up substantive leadership roles in key decision making positions, instead of being relegated to “soft roles” within the party such as the “women’s wing” and being responsible for food and entertainment at party functions. It also ensures that women are floated as party nominees for election.
The Parliament of Rwanda consists of two chambers: the Senate and the Chamber of Deputies. Article 75 provides that the Chamber of Deputies is composed of eighty Deputies, and that thirty percent of the seats are reserved for women. Similarly, on the composition of the Senate, it provides that the Senate is composed of twenty-six Senators and that at least thirty percent of elected and appointed Senators must be women. This aids in ensuring that Rwanda has an inclusive democracy, where laws have equal influence of both men and women, and that all citizens including women will feel represented in their interests, and are heard. The proportional representation electoral system implemented in Rwanda at Parliamentary level .
Other laws that promote economic participation of women in Rwanda include the Law N° 43/2013 of 16/06/2013 governing land in Rwanda, which guarantees equal rights for men and women on land access, ownership and utilization; the Organic Budget Law no. 12/2013, instituting gender-responsive budgeting, which enforces accountability measures for gender sensitive resource allocation across sectors programmes and projects through Gender Budget Statements; a mandatory annex of the Budget Framework Paper submitted to both chambers of Parliament; and the Law N° 66/2018 of 30/08/2018 regulating labour in Rwanda, which provides for equal opportunities and equal pay for women and men; rights to full salary to a female employee who gives birth during 3 months of maternity leave and the breastfeeding period, working conditions for a pregnant or breastfeeding woman and prohibits sexual harassment in the workplace.
South Africa
South Africa is ranked as “one of the most gender-diverse parliaments” across the globe, ranked third in Africa and tenth in the world[27]. The legislative and voluntary quotas as well as the proportional representation electoral system have contributed to 46.35% of the seats in Parliament being occupied by women.
Similar to Rwanda, the South African government has incorporated a number of provisions in its Constitution to promote equal participation of men and women in politics and decision making. For instance, Article 1 of the Constitution states that one of the values of the Republic of South Africa is non-sexism. Article 9 states that Equality includes the full and equal enjoyment of all rights and freedoms, and to promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
Unlike Rwanda, the Constitution does not provide for any quotas. However, Article 9 of the Constitution preempted the enactment of legislated quotas at the sub-national level only, in section 11(3) of the Local Government: Municipal Structures Act (1998). It states that every party must seek to ensure that fifty per cent of the candidates on the party list are women and that women and men candidates are evenly distributed through the list.
Voluntary party quotas have also played a significant role in improving women’s representation at national and provincial levels. For instance, in the run-up to the 2006 election, the African National Congress committed itself to attaining gender parity at the local government level.[28]
With regards to leadership within the political party, political parties have incorporated quotas within their constitutions on their own volition. For instance, in 2007, the African National Congress amended its constitution to set a 50% quota for each gender. Consequently, 50% of the people elected to the National Executive Committee at the Congress were women, as were 50% of the members of the National Working Committee. Further, half of the party’s office bearers are women[29].
Other key laws enacted to promote female occupation of substantive leadership positions include the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000, which prohibits policy or conduct that limits access by women to land rights, finances and other resources, and systematic inequalities of access to opportunities by women as a result of the Sexual division of labour. The Employment Equity Act of 1998 further promotes a diverse workforce that is representative of the South African demographic (female population is 50.5% of the general population), and seeks to eliminate unfair discrimination in employment.
What Can We Do Ensure that the Future IS Female?
- Electoral System and Quotas:
Scholars emphasize on altering the electoral systems to enable more women to access decision-making positions because changing the electoral system presents a realistic goal to work on than dramatically changing people’s culture, traditions and attitude on female aspirants and candidates[30]. In parliament, the highest representation of women is in countries with a Proportional Representation system and party quotas[31], such as Rwanda and South Africa. The lowest representation of women is in jurisdictions whose electoral systems have adopted the first-past the post with no quota, such as Zambia.
It is therefore recommended that the Constitution of Zambia be amended to introduce a proportional representation electoral system or a mixed member electoral system (introduce proportional representation at parliamentary level, and maintain majoritarian at presidential level) and a legislative quota of at least 30% female representation as is the case in Rwanda. This recommendation is consistent with the recommendations submitted by stakeholders under the ZLDC project to Engender the Electoral Process Act.
The quota system may be extended to party structures through the enactment of a law to regulate political parties. Under the ZLDC project to Engender the Electoral Process Act, it was recommended that this law can be enacted pursuant to article 60(4) of the Constitution of Zambia which states that political party management and funding may be prescribed.
- Gender Thresholds in Employment, Appointment and Career Development
Article 10, of the Rwandan Constitution states that women shall occupy at least thirty percent of positions in decision-making organs. This provision may be contrasted with Article 259(1)(b) of the Constitution of Zambia which provides that where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so.
Whilst the Rwandan Constitution falls short of gender parity which is required under international human rights instruments, it does not allow, in any case, for less than 30% of the positions to be held by women. The Zambian Constitution on the other hand allows for circumstances where no woman is appointed. It is therefore recommended that the Article 259 of the Zambian Constitution be amended to obligate the appointment or nomination of a minimum percentage of women. It is further recommended that provisions relating to membership of governing bodies in other Zambian legislation be drafted in a manner that would facilitate compliance with the nomination of a minimum number of women.
- Political Will
From the comparative study, one key intervention present in both countries is political will. In Rwanda, this is reflected in H.E. President Paul Kagame leading national and international policies and programs to promote male participation in achieving gender parity; and in South Africa, by the ruling party, the African National Congress voluntarily adopting quotas in the party constitution to ensure 50% representation of each gender at all levels within the party structure.
With regards to female participation, the United Party for National Development Manifesto states that the party shall, among other things, prioritise job creation particularly for women[32]; and promote their access to land and financial resources[33]. It is recommended that the proposals in the manifesto be crystalised and that they be extended to gender parity in political appointments and in the implementation of pro-female leadership programs and policies. Political will may also be reflected in the voluntary adoption of quotas within all the key party structures, which can be led by the ruling party, as is the case in South Africa.
References
[1] Gender Equality Strategy: UNDP Rwanda (2019-2022)
[2] International Institute for Democracy and Electoral Assistance, Constitution Assessment for Women’s Equality, ISBN: 978-91-7671-049-4, (2016) retried from https://www.idea.int/sites/default/files/publications/constitutionassessment-for-womens-equality.pdf 14/03/22
[3] The Economic Times- It is assumed women are too soft, emotional and hysterical for leadership positions, https://economictimes.indiatimes.com/magazines/panache/its-assumed-women-are-too-soft-emotional-or-hysterical-for-leadership-roles-julia-gillard/articleshow/67861237.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
[4] EU support for women’s political participation and leadership under the EU’s Gender Action Plan- A Case Study on Zambia retrieved from https://epd.eu/wp-content/uploads/2021/12/gap-zambia-final.pdf on 23/03/22
[5]Retried from the Zambia Daily Mail Facebook Page, https://m.facebook.com/ZAMBIADAILYMAIL/photos/a.722425987851417/4389362571157722/?type=3&locale=ne_NP&_rdr on 5/03/22
[6] Leadership and Political Participation, retrieved from https://africa.unwomen.org/en/what-we-do/leadership-and-political-participation on 14/3/22
[7] The candidate must achieve more than 50% of the total vote in order to win the presidency
[8] The candidate must achieve the most votes in that candidates constituency in order to win the parliamentary seat
[9] African Democracy Encyclopedia Project, retrieved from https://www.eisa.org/wep/zamwomenrepresent.htm on 14/3/22
[10] This is an electoral system in which the number of seats held by a political group or party in a legislative body is determined by the number of popular votes received
[11] LAZ Council, retrieved from https://www.laz.org.zm/laz-council-members/ on 24/3/22
[12] Former Director of Public Prosecutions retrieved from http://www.npa.gov.zm/index.php/about-us/former-dpps on 14/03/22
[13] ALL THREE TOP POSTS IN ZAMBIA’S JUDICIARY HELD BY WOMEN – CHIEF JUSTICE IRENE MAMBILIMA retrived from https://africanlii.org/article/20191017/all-three-top-posts-zambia%E2%80%99s-judiciary-held-women-%E2%80%93-chief-justice-irene-mambilima on 14/03/22
[14] Members of the Bench, retrieved from https://judiciaryzambia.com on 4/03/22
[15] Retrieved from https://www.lusakatimes.com/2022/01/24/linda-kasondes-chapter-one-foundation-files-complaint-for-lack-of-diversity-in-public-offices-in-zambia/ on 15/03/22
[16] Article 7 of the Universal Declaration of Human Rights, 1948.
[17] Article 17 of the Universal Declaration of Human Rights, 1948.
[18] Article 23 of the Universal Declaration of Human Rights, 1948.
[19] Article 21 of the Universal Declaration of Human Rights, 1948.
[20] Article 26 of the Universal Declaration of Human Rights, 1948.
[21] Section 24,the Gender Equity and Equality Act, No.22 of 2015, the Laws of Zambia
[22] Africa takes historic lead in female parliamentary speakers, retrieved form https://blogs.worldbank.org/nasikiliza/africa-takes-historic-lead-female-parliamentary-speakers on 13/03/22
[23] Women Representation retrieved from https://www.parliament.gov.rw/women-representation on 13/03/22
[24]The Transformative Power of Women Leaders in Rwanda retrived from https://alumni.wharton.upenn.edu/all-stories/alumni/the-transformative-power-of-women-leaders-in-rwanda/ on 13/03/22
[25] The campaign is a global movement created by the United Nations Women. HeForShe partners with leaders who make tangible commitments towards accelerating gender equality. Further information can be accessed at https://www.heforshe.org/en
[26] Gender Equality Strategy: UNDP Rwanda (2019-2022)
[27] Representation and Participation of Women in Parliament, Parliamentary Monitoring Group, retrived from https://pmg.org.za/blog/Representation%20and%20Participation%20of%20Women%20in%20Parliament on 14/03/22
[28] Williams 2006, 36; Global Database of Quotas for Women 2006
[29] African Democratic Encyclopedia Project, retrieved from https://www.eisa.org/wep/souquotas.htm on 14/03.22
[30] Jon Fraenkel, The Impact of Electoral System on Women’s Representation in Pacific Parliaments; A Report Conducted for the Pacific Islands Forum Secretariat by the Pacific Institute of Advanced Studies in Development & Governance (PIAS-DG), available at https://iknowpolitics.org/sites/default/files/report_120and202_-
_the_impact_of_electoral_systems_57_-_106.pdf, accessed on 16th March 2021.
[31] Women’s Political Participation ~ Africa Barometer 2021, retrieved from https://www.idea.int/sites/default/files/publications/womens-political-participation-africa-barometer-2021.pdf on 14/03/22
[32] United Party for National Development manifesto, at page 4
[33] United Party for National Development manifesto, at page 21