Practices and challenges in implementing women’s right to political participation under the African Women’s Rights Protocol in Zimbabwe

1 INTRODUCTION AND BACKGROUND

The equal representation and participation of women in public life gained impetus in the second half of the 20th century. This advance resulted from democratisation and development processes, world-wide, and the increasing emphasis on non-discrimination, justice and inclusiveness after the creation of the United Nations (UN). Indeed, a democratic society puts value and worth on all human beings’ contribution to matters shaping their lives and the development and wellbeing of society at all levels.1

The quest for gender equality and non-discrimination is expressed in several UN human rights2 and development3 frameworks. Within the African region, a number of frameworks4 speak to gender equality, including the African Charter on Human and Peoples’ Rights (African Charter), and the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (African Women’s Rights Protocol).

Specifically, the African Charter was developed for the purposes of promoting and protecting human rights in Africa.5 Although the Charter was designed to guarantee the rights of both women and men,6 women’s rights, as such, are specifically mentioned in only a few provisions.7 This normative inadequacy8 prompted the adoption of the landmark African Women’s Rights Protocol on 11 July 2003. The Protocol entered into force on 25 November 2005, after securing ratifications by the required number of 15 African Union (AU) member states.9 The African Women’s Rights Protocol is a comprehensive framework that recognises several rights of women at the generic and specific levels in Africa. For these reasons, the Protocol is hailed as the most inventive and exciting development in women rights protection since the AU formation as it lays down essential human rights standards for African women.10 A closer look at the Protocol shows the extent to which the AU recognises, reaffirms, or guarantees existing rights under UN human rights systems.11

Article 9 of the African Women’s Rights Protocol, which calls for equal representation of women in political and decision-making processes, is the focus of this article. The process to achieve 50-50 representation of women and men in institutions of power includes affirmative action, enabling national legislation and other necessary measures.12 The equal representation of women and men in political and decision-making institutions is crucial for consolidation of democracy. For democracy to be sustainable, it has to allow for the inclusion and participation of every citizen to represent their concerns and interests in matters shaping their lives. In a way, article 9 confirms that women are equal human beings, and emphasises the need to promote, protect and enforce their political rights.

The call by article 9 is important for African countries, including Zimbabwe, where women’s participation in public life has been limited before ratification of the Protocol in 2008. Since independence in 1980, women in Zimbabwe remained largely tucked away and confined to domestic roles, and were not provided with opportunities and resources to be represented and competitively participate in public life. By the year 2000, women comprised only 1 per cent of the positions in key political and decision-making institutions.13 In Parliament, female representation ranged between 8 and 14 per cent in the period between 1980 and 2008.14 In the judiciary, women comprised only five of the 26 judges of the High Court by 2000.15 Women’s representation was also low in local governance, cabinet, the Senate and appointed decision-making bodies, including in civil service and parastatals.

The ratification of the Protocol in 2008 was expected to improve women representation in key political and decision-making institutions in Zimbabwe. Indeed, women’s representation improved significantly in political and decision-making processes. This improvement was a result of the concerted efforts to implement the Protocol through constitutional and policy reforms, and other endeavours by state and non-state actors. However, this article notes that women are yet to enjoy equal participation in public life even with efforts to implement article 9 of the Protocol. In most cases, statistics in Zimbabwe show women comprising around 30 per cent, but that is still below the desired 50-50 representation. Notably, there continues to be few women managers, clerks and mayors in local government even after ratification of the Protocol.16 In various government ministries, including the Ministry of Women Affairs, Gender and Community Development, women comprise 30 per cent or less of senior managers.17

Similarly, the numbers of party candidates and elected women parliamentarians and councillors have been decreasing. After Zimbabwe’s 2013 elections, the number of elected women fell from 34 to 2618 for Parliament, and from 19 per cent to 16 per cent19 for local authorities. Additionally, the number of women who contested seats as National Assembly candidates fell from 105 in 2008 to 90 in 2013.20 Similarly, limited numbers of women participate in electoral processes and mainstream politics as voters and political party supporters. Zimbabwe remains lowly ranked with regards to women representation in appointed offices, including in Cabinet.21 These statistics speak volumes about the impediments that women continue to face in wrestling for elected and appointed party and government positions.

Previous attempts to evaluate the domestic impact of African Women’s Rights Protocol have tended to focus on the Protocol as a whole.22 These studies hail the Protocol’s declaration on socio-economic and political participation only in passing, without an in-depth analysis of the extent at which specific provisions of the Protocol have been implemented at the national level.23 This study discusses the importance and practices for implementing article 9 of the Protocol, and the persisting hindrances to women’s participation in public life in Zimbabwe. Additionally, the article offers measures that Zimbabwe and other state parties to the Protocol can take to ensure equal representation and participation of women in the public sphere.

Although the article focuses on Zimbabwe, other African countries with similar contexts may find the article helpful. It is anticipated that state parties, civil society, and key institutions for human rights advancements within the AU, notably the African Commission, and Solidarity for African Women’s Rights Coalition, the African Women’s Development and Communications Network, may find this article strategic in their quest to ensure women’s political rights.

Chronologically this contribution starts with this introduction and background section, followed by a discussion on the importance of article 9 of the African Women’s Rights Protocol. Thereafter, the article analyses the practices employed by Zimbabwe in implementing article 9 of the Protocol. Afterwards, the article discusses some persisting obstacles to women’s political participation and representation in decision-making. Lastly, the article summarises its findings and proffers suggestions for equal participation and representation of women.

Methodologically, this article adopts a qualitative methodology as informed by historical and descriptive designs. The article heavily relies on literature review of books, journals, reports, newspaper articles, and opinions of seasoned women politicians and individuals within civil society organisations advancing women’s rights in Zimbabwe.

2 CONCEPT AND IMPORTANCE OF ARTICLE 9 OF THE WOMEN’S RIGHTS PROTOCOL

Article 9 of the African Women’s Rights Protocol speaks of the fundamental elements of participative democracy at public level, in the following terms:

1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that:

a) women participate without any discrimination in all elections;

b) women are represented equally at all levels with men in all electoral processes;

c) women are equal partners with men at all levels of development and implementation of State policies and development programmes.

2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.

Article 9 provides for the equal (50-50) representation of women in political and decision-making institutions. The requirement of equal participation in political life should ensure for equal women participation without discrimination at all levels of development, decision-making and electoral processes. For state parties to achieve equal representation of women in politics and decision-making processes, they are supposed to take positive action through affirmative action, enabling legislation and other measures. Put differently, article 9 dwells more on the processes and is silent on the outcomes of these processes. Outcomes in this case would mean equal representation of men and women in Parliaments and different institutions of a country.

The equal representation and participation of women in political and decision-making improves governance. Women are believed to be naturally caring, kinder and more altruistic as compared to men. Honour et al’s study on India noted that female members of parliament had a more caring and nurturing style of leadership, which is further defined as ‘interactive’ when compared to men who operate with a ‘transactional’, command-and-control approach.24 With their motherly touch, women dilute or totally change the political culture of men in law and policy reform, and allocate crucial resources to the needy in society. Nzomo states that ‘it is now generally accepted that women constitute a key national resource, whose ideas, creative solutions and concern for cohesiveness of the social fabric can help change the quality of life and society at large’.25 With these attributes, women may bring a different set of values, which is important in creating a more caring, pluralist and compassionate society.26

The other argument for women participation is based on varied interests of men and women. Men and women are somehow different, hence the need for separate representation.27 As Shvedova noted, ‘the majority of governing institutions are dominated by men who further their own interests. Male-dominated political institutions of government do not promote women or women’s issues’.28 Unless women are represented in legislative and decision bodies, their interests may not be articulated and may therefore suffer from policy neglect.29 Even though there are limited empirical studies to prove that male politicians always exclude women concerns, and that female politicians always prioritise women’s issues, it can be submitted that a mixed parliament, cabinet, and other decision-making bodies are poised to be fair and to transform the lives of all groups of people in society.

Similarly, gender-balanced political and decision-making bodies tend to address more of the concerns that exclusively or disproportionately affect disadvantaged groups of the society. Lovenduski and Karam are of the opinion that the ‘presence of female decision-makers greatly influences the outcome of issues debated.’30 Govender was quoted by Karam to have stated that “with more women in politics, the gun culture will be eliminated from the political agendas and certain ideals such as politics as a service to humanity and creating a qualitative difference will be reinstated”.31 Inclusion of women in local governance, parliament and cabinet can therefore be an effective starting point for reducing conflicts, gender based violence, and for effective representation of women’s needs, interests and priorities.

Furthermore, the process of participative democracy infuses leadership and political skills into women. This has the capacity to produce more women leaders who are ready for higher responsibilities. The more women practice leadership and decision-making roles, including in settings outside government such as the workplace and, community affairs, the more effective women become in articulating political views and demands at higher levels. In addition, women’s active participation in political life often brings a sense of ownership to decisions and deliberations reached by politically inclusive institutions. As a disadvantaged group in society, women become empowered as they develop the capacity to share problems, experiences and propose solutions on matters affecting them. As Smith stated, developing negotiating skills and an ability to cooperate are central to the process of women’s empowerment and ultimately national development. 32

All things considered, women participation and representation in public life is vital for democratic transition or consolidation. In its true sense, democracy entails a fair and reflective political system, which is representative of men and women in democratic institutions and processes. As equal human beings, women must be afforded the chance to participate at the same level with men in matters shaping their lives. In several African countries, including Zimbabwe,33 women constitute 50 per cent of the population, meaning their full representation in corridors of power and decision-making guarantees fairness, justice34 and represents a functional and sustainable democracy. Indeed, liberal feminists generally locate the uniqueness of men and women in their capacity for rationality.35 Representative democracy demands that political and decision-making institutions and structures are composed and representative of men and women. Expectedly, gender balanced decision-making institutions and structures are poised to be efficient, effective and responsive to the concerns and perspectives of all segments of the society.

3 PRACTICES FOR IMPLEMENTING ARTICLE 9 IN ZIMBABWE

4 PERSISTENT OBSTACLES TO WOMEN’S PARTICIPATION

The previous section illustrated practices of implementing article 9 of the African Women’s Rights Protocol in Zimbabwe. In spite of these efforts, women are yet to enjoy equal participation and representation in politics and decision-making bodies. In most cases, statistics show that female representation stands at around 30 per cent, which is well below the African Women’s Rights Protocol desired level of 50-50 representation. These statistics speak volumes about the impediments that women continue to face in trying to effectively participate in public life.

Poverty plays a central role in increasing the individual, societal and institutional barriers of women to political participation. Poverty manifests itself through various indicators indicative of women’s increased burden, including lack of education, information, employment, financial resources, health care, food and clothes. Available studies in Zimbabwe confirm that women comprise the bulk of poorer people, compared to men, in respect to access to income, justice, education, health, employment, civic involvement and social support.81 Women head 45 per cent of households, 72 per cent of which are in poverty. 82 With limited funding and some forms of support from government and political parties, the majority of poor women cannot effectively participate in electoral processes including by attending meetings and putting themselves forward as candidates in party and national elections.

Indeed, contemporary politics and decision-making processes have been increasingly commercialised beyond the reach of the poor. Aspiring women candidates are in need of political funding to roll out effective campaigns, and to provide for the needs of campaigning aides and agents. As inequality, exclusion and dependency limit the political participation of poor women, better off women and those with well-resourced husbands and relatives are consequently financially supported to contest as candidates.

Poverty further limits the active participation of adult women in political activities. Women from poverty stricken families often find it beyond their capacity to attend political gatherings and stand in long voting queues. As Makumbe shows, active participation is often cumbersome for poor women in that attending meetings, voting and informing oneself about issues that affect one’s community, and even voting itself require a lot of time. 83 A study conducted by Wordofa in Ethiopia revealed how poor women shun community meetings and voting processes as they find these to be ‘a time consuming and tedious task that does not do much for them’. 84 Similarly, poor women in Zimbabwe tend to devote their energy to food and income generating activities such as working in fields, vending, and mineral panning instead of participating in public life.85

Poverty can also manifest through limited education. Limited education further reduces self-esteem and breeds an inferiority complex, resulting in many women shunning the public sphere. There is also a tendency by the electorate to vote for, and by political leaders to appoint financially privileged and educated people in society. Thus, limited education comes with resentment and the exclusion of women from the public sphere.

Women’s participation in politics and decision-making institutions is also affected by strenuous processes undertaken to appoint or select them. Women’s equal representation in elected positions continues to be affected by the first-past-the-post (FPTP) electoral system in Zimbabwe. The plurality-majority, FPTP or ‘winner takes all’ electoral system entails that the candidate with the highest number of votes wins even if the winner has no absolute majority.86 The disadvantage with the FPTP system is that women candidates will be competing with men or other women directly, and voters will be focussing on the traits of an individual candidate. Because of patriarchy and stereotypes against women, voters often prefer male candidates above women candidates. This is different to the proportional representation electoral system, in which voters focus on the political party and its policies and programmes rather than on individual candidates. With proportional representation, more women are elected into office than in majoritarian systems.87 As evidence, a review of 53 national legislatures in 1999 found that National Assemblies elected by proportional representation were composed, on average, by nearly 20 per cent women, compared to only about 11 per cent in majoritarian systems.88

The triumph of female candidates in elections is also affected by the strenuous process used to select candidates. Matland argues that, ‘for women to get elected to parliament they need to pass three crucial barriers; first, they need to select themselves to stand for elections; second, they need to get selected as candidate by the party, and thirdly, they need to get selected by voters’. 89 At each stage, women face peculiar challenges that they must overcome before moving on to the next stage.

At the primary election stage, candidates are selected by internal party structures through a rigorous and often flawed process. In Zimbabwe, party primary elections ahead of the 2013 were marred with irregularities, and reports of women being intimidated by men, and some male candidates absconding with ballot boxes.90 The influential role of ‘male’ gatekeepers who block women’s entry into politics remains one of the most serious impediments to women’s inclusion in primary election processes. ‘Men dominate the political arena; men formulate the rules of the political game; and men define the standards for evaluation. This male-dominated model results in either women shunning politics altogether or rejecting male-style politics’.91 Male leaders in political parties often favour their male friends, and a few female colleagues. In some cases, women candidates succeed through forging strong alliances with male leaders, even if this may mean providing male leaders with sexual favours.92 This belief has seen many women, especially married women, shunning contesting for political party positions.

Violence and intimidation further limit women’s participation in public life. A baseline study conducted by Gender Links revealed rampant gender based violence in society.93 About 68 per cent of women interviewed by Gender Links revealed how women experience some form of violence at least once in their lifetime, while 46 per cent of men confirmed to having perpetrated some form of violence against women.94 Zimbabwe is also known for violent politics and elections that leave a trail of psychological scars to candidates and electorate.95 Women activists are not spared of these skirmishes. In her book, Jestina Mukoko narrates her ordeal when she was kidnapped and tortured for the work of her civil society organisation.96 Several studies documented how women have been victims of politically-motivated violence that flare up in each electoral cycle.97 During the 2008 elections, estimates have it that 36 000 people were internally displaced, while 5 000 people were beaten and tortured, and 200 people were killed.98 The short-term consequence of this experience was that women did not turn out to vote in the 2008 run-off election, while the long term effect remains the fact that women despise politics and elections as synonymous with violence.

Similarly, women partaking in public life, especially as candidates continue to be despised and to be subjected to acerbic verbal attacks by men and fellow women. This stems from entrenched societal norms which view the public sphere as a male domain. The verbal attacks are not simply targeted at the candidate’s ideas, but often rounds on her person, on how many children she has outside marriage, on her single-motherhood status, on the alleged numbers of her sexual partners, real or imagined.99 Verbal abuse remains one of the most pervasive women’s rights violations and men use it to keep women in subordinate roles.100 This character assassination against women results in many of them losing confidence, self-esteem and being discouraged to participate in public life.

Society continues to view women’s best place to be at home, seized with reproductive roles while men are concerned with productive roles and leadership issues. These roles are perpetuated by the media that continues to portray women’s place as being in the home rather than in public life. The media’s portrayal of women in the home also affects the decision of appointing individuals and the voting behaviour of the electorate.

Confined to their homes, a majority of women spend their time doing unpaid household chores, and they consequently lack leadership experience, and political networks to run for office. The plight of women is made worse by the increase of the HIV/AIDS pandemic which has claimed many lives. In 2009, 1.1 million Zimbabweans were living with HIV/AIDS (61 per cent women, 39 per cent men).101 The increase in the numbers of those infected and dying of this scourge also means increased unpaid care work for women. As noted by Duke,102 the manifold demands for women as wives, mothers, and home keepers, leave them with little time and energy to participate in political meetings and campaigns, which unfortunately take place at very odd hours and with no strict compliance to time. Sometimes women, especially in rural areas, are not able to leave home for paid work or even to attend meetings. As a result, women lose out as these meetings are platforms where information is disseminated, and where appointments and elections are conducted. Although there is an increasing awareness about this emerging care work by women in Zimbabwe, sustainable responses thereto are still minimal.

5 CONCLUSION AND RECOMMENDATIONS

The African Women’s Rights Protocol is an innovative instrument for advancing women’s rights in Africa. Its article 9 calls for equal participation and representation of women in politics and decision-making processes. This provision is potentially ground-breaking for Zimbabwe and other African countries where women’s participation in decision-making institutions has for long been quite limited. This article examines the importance of article 9 of the Protocol and reflects on its domestic effect in Zimbabwe. On domestic effect, the article notes that Zimbabwe goes beyond the Protocol to provide for legal, policy and institutional practices to implement article 9, and to bring about desired outcomes in relation to equal representation of women in political institutions. It further discusses the persistent forms of violence, poverty, and socio-cultural barriers that limit women’s inclusion and participation in politics and decision-making institutions.

To ensure equal and effective women participation in politics and decision-making process, Zimbabwe must aim higher, and endeavour to achieve the ideal of 50-50 participation of women, which may be derived from article 9 of the Protocol. To this end, Zimbabwe needs to undertake electoral reform including changing the electoral system from the FPTP to proportional representation ensuring for a certain percentage of women in elected decision-making.

Legal quotas have proved crucial in improving women’s representation in political and decision-making institutions. Instead of making the quotas a temporary measure, there is a need to extend the life span of the women’s quota for legislators in the Constitution. It is also recommended that Zimbabwe extends the constitutional quotas to local government elections and governance. Furthermore, the government must introduce mandatory quotas to political parties, so as to affirm equal participation and gender balance in internal party structures, and lists of candidates for national elections. Legalising party quotas allows for the electoral body to sanction or disqualify non-complying political parties. Alternatively, the government may offer incentives to political parties such as additional funding or more free broadcast time for inclusion of equal number of women amongst their candidates.

The government should also level the playing field for female political participants by discouraging all forms of violence in society. One way is to ensure that the rule of law is respected, and that impunity for the perpetrators of politically-motivated and gender-based violence is curbed. Similarly, efforts should be made to improve women’s access to education, funding, and to reduce levels of poverty.

The national gender machinery, political parties and civil society must sensitise society and political party leadership on the basis and justifications for special measures and gender equality in general. This may persuade women in society to participate in politics and take up leadership positions. Sensitisation efforts may also make the society and party leadership to seriously consider, embrace, and implement quotas for gender equality. In this technological era, effective awareness raising methods can take the form of print and online media platforms, including social media. Through these platforms, experiences of women role models as cabinet members, legislators, party members, or civil society leaders around the globe can be more widely shared.

Efforts should also be made to sensitise and train print and visual media journalists to effectively profile and ensure responsible coverage of women leaders. These efforts motivate women to participate in politics and decision-making, and above all reinforce, among society and party leaders, the value of women in political and decision-making institutions.

For women activists, one way to force leaders to ensure gender balance is through constitutional petitions and public interest litigation, seeking the nullification of gender imbalanced appointments on the basis that they are contrary to provisions of the Constitution and article 9 of the African Women’s Rights Protocol.

The AU and state parties to the African Women’s Rights Protocol must continue engaging policy makers and academics to conduct empirical studies illustrating the quantitative and qualitative impact of the Protocol, and the challenges faced by women impeding their active participation in public life. Periodic fora should be created for academics and policy makers at national and African level to monitor, discuss and critique the domestic effect of African human rights treaties and the prospects for advancing women’s political rights.

Furthermore, the AU and its institutions are challenged to urge member states to abandon their strict adherence to dualist approaches to the relationship between international and national law, so as to ease procedures for domesticating international obligations.