Challenges and Achievements in the Subject Area:

In first-past-the-post systems like Kenya, reserved seats for women are typically filled in one of three ways. Under the first option, as used in Tanzania, the reserved seats are distributed among the parties represented in Parliament, in proportion to their share of the vote. Each party makes its own decisions about how to choose its representatives for the reserved seats. Under the second option, the seats are filled by indirect elections. In Uganda, for instance, an electoral college determines who will fill the reserved seats. However, there have been complaints that because the members of the electoral college are mostly men, the women MPs are beholden to the men who elect them and are unable to effectively represent women. In Bangladesh, a special electoral college comprising the other members of Parliament was once used to determine how to fill the reserved seats. Under new legislation, a system similar to Tanzania’s will be used. Under the third option, the reserved seats are filled by direct election – all registered voters are able to participate. This is the approach used in local elections in Bangladesh. (The system used to fill reserved seats in Parliament is different.)

Lessons Learned/Case Studies:

If the measure in Kenya passes, any discussion over how the seats should be filled will have to consider the question of whom these women MPs should represent. This will help determine to whom they should be accountable and, thus, who should select them. Discussions should also take into account the impact that the quota system design might have on politics in the country more generally. In theory, creating a system whereby only women vote for these seats could help ensure that the women MPs focus on the interests of women, the people who will determine their electoral fate. However, there is a risk that MPs filling non-reserved seats will be tempted to refer issues perceived as “women’s issues” to the women’s MPs arguing that since they are solely elected by women, that is their responsibility. Further, quotas are often controversial: taking the unusual step of disqualifying men from participating in the vote for the reserved seats could make them even more controversial than usual. Some might even question whether such an approach undermines the right to an equal vote since, under this system, women would have two votes, and men, only one. There is an argument that increased women’s representation in legislatures benefits society as a whole, not just women. Following that argument, participation in the choice of MPs for reserved seats should not be the right of women alone. Further, requiring candidates for the reserved seats to appeal to male and female voters could help ensure the selected MPs have the capacity to reach across the gender divide, a quality that could help make them effective legislators.

Recommendations:

As indicated above, in Tanzania, each party decides how it will fill its share of the reserved seats. In such a system, some parties may choose to open up the selection process to a membership vote. However, other party leaders may decide to simply reward favored individuals who may not have the capacity or the motivation to represent interests other than those of the people who appointed them. One way to mitigate these concerns is to allow for broader participation in determining who fills those seats. This could be done, for instance, by allowing all voters to participate in the choice of women for the reserved seats as is done in local elections in Bangladesh. This could require the use of two ballots, with each voter casting one vote for non-reserved seats, and another for the reserved seats. This could be done based on provincial or national lists of women candidates or by creating special electoral districts for the women’s seats. Another option would be to create a special electoral college constructed in such a way that it represents a combination of different groups in Kenyan society. An existing body could be tasked with this responsibility or a group could be specifically constituted. Uganda’s experience shows some of the concerns that can arise over how the composition of the electoral college affects where the women MPs’ loyalties lie.

More generally, here a few points to bear in mind. Quotas can play an important role in ensuring more equitable participation in politics but remain controversial. Critics believe they provide an “easy” option for women who would otherwise not qualify or succeed in running for office. Women filling reserved seats are often defined by that label. Sometimes this can be done with derogatory meaning. However, in some cases, entering Parliament through a reserved seat, serves as a stepping stone, with some women going on to successfully win non-reserved seats. Others argue that reserved seats discourage political parties from fielding women candidates in non-reserved seats.

Regardless of the electoral system, quotas have proved most effective when there is broad-based support for them and when they are combined with internal and voluntary party measures that provide opportunities for women to: hold internal party leadership positions; increase their meaningful participation in party life; and receive any training that may be required. These experiences allow women to showcase the contributions that they can make and help improve the pool of qualified candidates available to political parties. In some cases, in Germany for instance, parties have used incremental quotas, increasing the target over time so that they could have the opportunity to build a sufficient pool of qualified women.

Parties should be encouraged to field women candidates in non-reserved seats. Regardless of whether or not the reserved seats measure passes, in order to experience success, women may need specialized support. This ranges from targeted programs encouraging qualified women to run to training and support initiatives for those who decide to seek office. This could include training on selection procedures as well as campaign skills, assistance with campaign funding, and practical tips for dealing with issues – e.g. negative stereotypes, election-related violence – that women candidates may be particularly vulnerable to. Mentoring by party leaders (male and female) can also help aspirants expand their network while providing them with practical advice and moral support. More generally, successful women legislators (whether they fill reserved or non-reserved seats) can help combat negative stereotypes about women’s leadership capacities.

The majority of the seats in Parliament in Kenya will continue to be controlled by political parties and many of those seats will likely be filled by men. In order to be effective legislators, regardless of how they are selected, the individuals filling the reserved seats must be able to build alliances (with their male colleagues as well as with political parties represented in Parliament) and mobilize support around issues they are concerned about so that the appropriate legislative actions are taken.