Feedback on SADC Constitutions: Gender Equality and Rights Overview
The feedback provides insights on political participation, education, and gender rights in the SADC region, analyzing constitutional provisions related to gender equality, representation, and human rights. It highlights efforts towards promoting gender-aware language, protecting fundamental rights, preventing discrimination, and enhancing women's participation in public life.
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50/50 Botswana WPP AND THE CONSTUTUTION 22-23 March
Documents for this meeting https://genderlinks.org.za/what-we-do/sadc- gender-protocol/advocacy-50-50/botswana- gender-and-elections/wpp-constitution/
Feedback on SADC Constitutions Parameter Political Participation Namibia No 10 (sex) 23 race; 22 1.6 5; 3.6 (life); 13 SA No 2, 9.1- sex etc 1.2 2 BoR,7.1 12.2 Zimbabwe 124- PR quota 56; 17 Equality and Non-Discrimination Status of the Constitution 2.2 1c; f; g 25,b dom viol; 52; 53 71;72; (no women) 25 (dom viol); 26; spouses 7 public awareness 54; 14.2; 24d; 65.7 Ch12; 232 Human Rights Guarantees Protection from Violence Property, Inheritance and Land Tenure (gender neutral) 16 (no women) 2.4; 3.14; 14 25; 2 Marriage and Family Life (Citizens) Gender neutral Marital status; rec 178.4 Constitutional Review Bodies/ awareness 132; Employment Rights and Protection 9 No Public Institutions and Services 12; 13; Ch 9
Feedback on SADC Constitutions Parameter Education Namibia 20; GN SA 2 BoR (GN) race Zimbabwe 27.2; GA Participation in Public Life and Institutions Status of International Law Affirmative Action (Broadly) 23 (no gender) 12.2 124; 268.2- 1c Sexual and Reproductive Rights Standalone Provisions on Women s Rights Sexual Orientation and Gender Identity No; 23.3** No 80.1; 2;3; 4 10.2 (not specific) No X Yes 78; PROHIBIT;73 246 CGE Gender Machineries Privacy 9. CGE
Gender aware language All citizens
New Botswana Constitution ARRANGEMENT OF SECTIONS CHAPTER I The Republic 1. Declaration of Republic 2. Public Seal CHAPTER III
CHAPTER II Protection of Fundamental Rights and Freedoms of the Individual 3. Fundamental rights and freedoms of the individual 4. Protection of right to life 5. Protection of right to personal liberty 6. Protection from slavery and forced labour 7. Protection from inhuman treatment 8. Protection from deprivation of property
CHAPTER II continued Protection for privacy of home and other property 10. Provisions to secure protection of law 11. Protection of freedom of conscience 12. Protection of freedom of expression 13. Protection of freedom of assembly and association 14. Protection of freedom of movement 15. Protection from discrimination on the grounds of race, etc. 16.
CHAPTER II continued Derogation from fundamental rights and freedoms 17. Declarations relating to emergencies 18. Enforcement of protective provisions 19. Interpretation and savings
CHAPTER III Citizenship
CHAPTER IV The Executive PART I The President and the Vice-President Office of President 31. First President 32. Election of President after dissolution of Parliament 33. Qualification for election as President 34. Tenure of office of President 35. Vacancy in office of President 36. Discharge of functions of President during absence, illness, etc. 37. Oath of President 38. Returning officer at elections of President Vice-President 40. Salary and allowances of President 41. Protection of President in respect of legal proceedings
PART II The Cabinet 42. Ministers and Assistant Ministers 43. Tenure of office of Ministers and Assistant Ministers 44. Cabinet 45. Oaths to be taken by Ministers and Assistant Ministers 46. Secretary to the Cabinet
CHAPTER V: Parliament PART I Composition 57. Parliament 58. Composition of National Assembly 59. Speaker 60. Deputy Speaker 61. Qualifications for election to National Assembly
Parliament continued 62. Disqualifications for membership of National Assembly 63. Constituencies 64. Delimitation Commission 65. Report of Commission 65A. Appointment of Independent Electoral Commission 66. Appointment of Secretary to Independent Electoral Commission 67. The franchise 68. Tenure of office of members 69. Determination of questions as to membership of National Assembly 70. Clerk of the Assembly
PART II General Provisions Relating to Procedure in National Assembly 71. Oaths to be taken by Speaker and Members 72. Presiding in Assembly 73. Quorum in Assembly 74. Voting in Assembly 75. Unqualified persons sitting or voting 76. Regulation of procedure in Assembly
Assembly: PART III Ntlo ya Dikgosi 77. Establishment and composition of Ntlo ya Dikgosi 78. Designation for Member to Ntlo ya Dikgosi 79. Qualifications for Members of Ntlo ya Dikgosi 80. Oath of allegiance 81. Secretary to Ntlo ya Dikgosi 82. Tenure of office of Members of Ntlo ya Dikgosi
CHAPTER VI:The Judicature PART I The High Court 95. Jurisdiction and composition 96. Appointment of judges of High Court 97. Tenure of office of judges of High Court 98. Oaths to be taken by judges of High Court
CHAPTER VII: The Public Service 108. Power to specify qualifications for certain offices 109. Public Service Commission 110. Appointment, etc., of public officers 111. Appeals to President 112. Powers of President in relation to certain public offices
CHAPTER VIII: Finance 117. Consolidated Fund 118. Withdrawals from Consolidated Fund or other public funds 119. Authorization of expenditure 120. Authorization of expenditure in advance of appropriation 121. Contingencies Fund 122. Remuneration of certain officers 123. Public debt 124. Auditor-General
Botswana women 2009 -2019 30% 25% 25% 20% 19% 19% 20% 18% 15% 13% 11% 11% 10% 10% 5% 0% Parliament Local Government Cabinet 2009 2014 2019
Women in politics SADC 2021 60 50 40 30 20 10 0 % Parliament % Cabinet % Local Government
Women in parliament SADC 46% 46% 40% 37% 32% 30% 23% 22% 21% 19% 12% 11% 8% 8% 7% Proportional Representation Mixed First Past the Post
Electoral systems and quotas FPTP = Winner takes all PR or List Party A W M W M W Party B Party C M W M 1 2 3 4 5 M W M W WMW WMW MWM WMWN MWMW MWM Pros and cons no perfect system FPTP strong on accountability. PR on inclusion. Mixed best of both WMW
SADC examples of all FPTP Botswana, Zambia (little effect) PR SA, Namibia, Mozambique Zebra, very effective Local gvt Namibia, motion for national Mixed Local gvt SA effective but nos drop as ANC % drops Tanzania/ Zimbabwe (reserved PR seats) Lesotho (national zebra for PR seats but not FPTP) Voluntary party Constitutional/ legislative Reserved seats Lesotho local Reserved candidacy Local gvt Mauritius
Lesotho reserved seats (failed) Women only - 2005 Women only - 2010 Women only 2015
Mauritius case study Gender neutral quota 30% either sex. 2013 increased women s representation from 6% to 26% WMW MWMW WMW MWMW MWM WMW WMW
TRAINING OF WOMEN TO BECOME POLITICIANS Not easy in a country where it is difficult for women even to attend a workshop. They have to ask for the permission of their husbands (rural areas realities) The strategy was to ask Political Parties to send the women to the workshop Learning by doing Interactive programme Mock radio programme Mock television programme Getting participants to talk on radio and on television These were a few highlights that got the women really interested
HOW TO TALK ON RADIO AND TELEVISION. WHAT TO SAY TO LISTENERS
QUOTA IS GOOD BUT WOMEN MUST BE EMPOWERED Accompany quota with voters education Awareness campaign Show how women can make a difference Local government is bread and butter business Women are close to the people
Change is possible even FPTP! COUNCIL M F %W TOTA L Gaborone Francistown Selibi-Phikwe Jwaneng Lobatse Sowa North East South East Southern Kgatleng Kweneng Central Gantsi Kgalagadi Chobe TOTAL 24 19 12 6 7 6 17 18 51 24 67 148 18 20 8 487 11 3 4 3 6 2 6 7 15 2 15 26 6 6 1 117 35 22 12 9 13 8 23 25 64 26 82 174 24 26 31% 14% 25% 33% 46% 25% 26% 28% 23% 8% 18% 15% 25% 23% 11% 19% 9 604
Zimbabwe Model open FPTP and 30% PR reserved for women only PARTY A PARTY B 1 W W 2 W W 3 W PARTY C W W W PARTY D W W WMW MWMW WMW MWMW MWM WMW WMW
Option: Mixed system with 50% quota for FPTP and PR seats PARTY A PARTY B 1 M M 2 W W 3 M M PARTY C W M W PARTY D W M W WMW MWMW WMW MWMW MWM WMW WMW
Options for Botswana (phased) 50% quota for women non negotiable (whatever system). No more 30% 50% candidacy quota by 2024 within FPTP Move to a mixed system by 2029 Special seats (8) replaced by PR seats 50% quota for both PR and FPTP seats
