In Pakistan’s parliament, could affirmative action be hurting the cause of women representation?
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With the next general elections likely to be held in October, it is important to examine the role of women as representatives in the democratic exercise and how political parties guarantee women participate in electoral and parliamentary process.
Parliament has a constitutional requirement to fulfil a gender quota, a tool to ensure women’s representation in parliament. There are currently 60 seats for women in the National Assembly and 17 reserved seats in the Senate. Provincial Assemblies have similar allocated seats for women. All parliaments have dutifully fulfilled this requirement over the years.
But have we become complacent? Are women’s seats the only way to have representation of women in parliament? In fact, reserved seats have been much debated by women-led NGOs and civil society groups. Have reserved seats fulfilled their purpose? Have these seats made a difference to the type of laws debated and passed in parliament? And most importantly, have reserved seats hindered women from being directly elected?
In a country that has deeply rooted social and economic structural barriers, reserved seats are essential. Despite the flawed nature in which women are ‘placed’ by political parties in these seats – relatives of members of political parties who tow the party line are preferred, for example – women parliamentarians’ contributions, often across party lines, have been invaluable.
Concerted efforts by the Women’s Parliament Caucus to work together, again across party lines on women’s issues is visible in the recent past and has been under most government setups. Between 2008-2013, important laws, particularly pro-women laws passed in parliament further aid the argument of the effective contribution of women parliamentarians because of the affirmative action of reserved seats.
Parliamentarians, political parties and campaigners for election reform should demand the law be changed to increase the minimum number of women on direct seats from 5% to a minimum of 10%. Even that increase is only borderline fair.
Benazir Jatoi
In addition to the constitutional demand of reserved seats for women, the Election Act of 2017 requires all political parties “encourage women to become its members.” The Act also states that when selecting candidates for elective office, for general seats as opposed to reserved ones, parties must ensure at least 5% seats be for women candidates. This is a welcomed obligation on political parties, all of whom have been hesitant to select women candidates for directly electable seats and rely on reserved seats for women’s representation in parliament. Ideally, parliamentarians, political parties and campaigners for election reform should demand the law be changed to increase the minimum number of women on direct seats from 5% to a minimum of 10%. Even that increase would only be borderline fair in a country where women represent 49% of the population.
Secondly, political parties need to move away from the idea that women in parliament only deserve to be there on reserved seats. This idea has taken such a hold over their selection process so as to keep direct seats for men only, satisfied that women are represented indirectly through the quota system.
The space that allows women to enter parliament on reserved seats should not be receded as it is essential at this present time. However, we need to remember that affirmative action is often a temporary tool. The ideal situation is women contesting elections on direct seats, where they directly represent all people, not just women, and they are in turn held accountable to people who elect them. They, like male parliamentary representatives, should be able to hold constituency meetings with those they represent, learn issues that concern local people and ultimately work towards making things better and fairer for all people, not just women. In other words, they should participate in direct democracy and participate in its eventual strengthening.
Speaking to women parliamentarians, it becomes obvious that the 2017 amendment is a requirement political parties fulfil reluctantly. For the upcoming General Elections, it is therefore important to watch this space – see which candidates are selected and for which seats. We know political parties hesitate to select women for those seats that are likely to be safe, winnable seats, preferring to give those seats to men. All political parties, even those considered progressive, have a track record of selecting women candidates for seats parties predict they will lose or those considered less important.
Over time, political parties’ reluctance will wither, as change always takes time, but it won’t be without us holding them to account, asking them difficult questions and alerting them to the fact that women’s representation is not only desirable, it is essential for any parliament to function effectively.
- Benazir Jatoi is a barrister, working in Islamabad, whose work focuses on women and minority rights. She is a regular contributor to the op-ed pages in various Pakistani newspapers. Twitter: @BenazirJatoi
