1. Women’s Participation in Elections: The Impact of Electoral Systems Kristin van der Leest OSCE-ODIHR 30 June 2011

2. Aims of Presentation 1) Formal Institutions and Processes Matter! –In struggle to enhance women’s political participation 2) Electoral Systems Matter! a) Electoral Design b) Legal Framework for Elections c) Electoral Processes and Initiatives d) Electoral Actors and Institutions e) Enforcement Mechanisms 3) ODIHR EOM Report Recommendations

3. International/Regional Standards Organization Obligation/Recommendation UN Convention on the Elimination of all Forms of Discrimination Against Women (Art 7) States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and [ensure equal right of women:] (a) To vote in all elections […] and be eligible for election to all publicly elected bodies (b) To participate in the formulation of government policy […] and to hold public office and perform all public functions at all levels of government (c) To participate in NGOs and associations concerned with [..] public and political life Council of Europe Parliamentary Assembly Report (Dec 2009) The Assembly considers that lack of equal representation of women and men in political and public decision making is a threat to the legitimacy of democracies. [Recommends] - reforming their electoral system to one more favourable to women’s representation; - encouraging political parties to adopt voluntarily gender quotas and take other positive action measures […] especially within the party structure responsible for nomination OSCE Human Dimension Commitments (Moscow, 1991) (40.8) Encourage and promote equal opportunity for full participation by women in all aspects of political and public life, in decision-making processes and in international co-operation in general OSCE MC Decision 7/09 on Women’s Participation in Political and Public Life - 1. Consider providing for specific measures to achieve the goal of gender balance in all legislative, judicial and executive bodies; - 2. Consider possible legislative measures, which would facilitate a more balanced participation of women and men in political and public life and […] in decision-making; - 3. Encourage all political actors to promote equal participation of women and men in political parties, with a view to achieving better gender-balanced representation in elected public office at all levels of decision-making

4. A) Electoral Design Type of Electoral System –1) Proportional Representation Single Transferable Vote, Party Lists –2) Majoritarian First-Past-the-Post, Second Ballot, Single Non-Transferable Vote –3) Mixed (or Combined) Electoral systems and women’s representation: OSCE System Type% Women in House 2000% Women in House 2010 MAJORITARIAN12.720.2 MIXED11.518.7 PR List19.124.4 Total (Average)15.922.6

5. A) Why does Electoral Design Matter? Proportional Representation –Parties present list of candidates for multi-member constituencies; –Electoral incentive to create “balanced” candidate list Candidates with different interests, from different social identity groups –Quotas: Easier to implement by applying to candidate lists Majoritarian –Parties present one candidate for single-member constituencies; –Limited electoral incentive to include candidates who appeal to different interest groups Local party branches choose candidates who will win in constituency –Quotas: Can apply only across districts or constituencies Mixed –Dependent on electoral formula

6. B) Legal Framework Aspects of Electoral Design: Electoral Code/Law –District Magnitude Size of constituency Larger constituencies favour women candidates –Candidate Registration Deposits Educational Qualifications Signatures –Term Limits Benefits of incumbency Greater name recognition of incumbents

7. B) Legal Framework Structure of Ballot: -Closed versus Open PR Lists -Majoritarian: Position of women in “winnable” districts -PR: Position of women on electoral/candidate lists OPEN CLOSED

8. C) Processes and Initiatives: Do Legal Quotas Work? Electoral system Year adopt ed Percen- tage Rank placement requirements Penalties for non- compliance % women in 2000 ( prior to law) % women in 2010 (after law) % Points Change MacedoniaList PR200230%NoNon-registration6.732.5+25.8 KyrgyzstanList PR200730%Yes Non- registration (of candidate list) 0.025.6+25.6 SerbiaList PR200230%YesNon-registration5.121.6+16.5 BelgiumList PR200250%YesNon-registration23.339.3+16.0 Uzbekistan2 nd Round200430%NoNone7.222.0+14.8 AlbaniaMixed200830%No Campaign funding 5.216.4+11.2 PortugalList PR200633%Yes Campaign funding 17.427.4+10.0 SpainList PR200740%YesNon-registration28.336.6+8.3 France2 nd Round200050%No Campaign funding 10.918.9+8.0 SloveniaList PR200635%NoNon-registration7.814.4+6.6 ArmeniaMixed200515%YesNon-registration3.19.1+6.0 RomaniaList PR2004NoneNoNone7.311.3+4.0 Bosnia and Herzegovina List PR200133%YesNone28.619.0-9.6 All above 13.023.2+10.2 All other OSCE States 16.622.4+5.8

9. C) Yes, but… Legal Gender Quotas require provisions for: –High percentage of female candidates to be nominated by political parties –Placement mandates to regulate order on list Should also apply to resulting parliament make-up –Sanctions for non-compliance –Compliance is monitored by independent bodies Legal Gender Quotas are… –Temporary Special Measures!

10. D) Electoral Actors and Institutions Role of Electoral Administration Bodies –Voter and Civic Education –Candidate Registration –Electoral Dispute Adjudication –Electoral Observation Role of Political Parties Role of Civil Society –Awareness Raising –Capacity Building Role of Media –Level playing field for male and female candidates –Awareness raising: Voter and civic education Women's Resource Centers conducted a voter education campaign in 2010 that reached 18,212 people in face-to-face meetings. NGO Oksana

11. E) Enforcement Matters! To monitor progress toward gender equality: –Naming and shaming –Monitoring mechanisms: Gender Machinery To monitor implementation of legal quotas: –Restricting ballot access –Suspending voting rights in international bodies –Suspending public funds –Limiting access to free media airtime –Monitoring bodies: Central Election Commissions

12. ODIHR EOM Recommendations OSCE/ODIHR Final Report Recommendations Georgia Municipal Elections, 30 May 2010 Gender 27. The authorities should take active steps to raise public awareness on issues related to gender equality such as equal representation of women and men in elected offices. 28. Political parties should be encouraged to take further steps to increase women’s participation in parties’ activities and as candidates. 29. Further measures should be taken to improve the representation of women in leadership positions in the election administration.