Womens Representation 1
Womens Representation 1
Womens Representation 1
1 Summer 2021
Abstract
Traditionally, patriarchal mindset has kept women away from
politics, considering it a male domain, resulting in under-
representation of women in legislatures. Observing disparities in
these representations, the United Nations in various conferences
(1975-1995) recommended one-third of seats for women as gender
quota. Gender quotas have become an effective tool to enhance
women's representation in legislative bodies throughout the world.
In Pakistan, all the three constitutions reserved seats for women,
but this provision lapsed in 1988. In 2002 it was restored with 17
percent quota in the parliament. The 13th National Assembly
elections turned in higher number of women in the house, raising
an expectation that an increase in number of women would
increase their voice in the decision-making bodies. The study
analyzes the effects of a numerical increase of women
representation in the National Assembly on inclusion of gender
concerns in legislation, specifically on women issues. The available
literature suggest although gender quota has increased in numbers,
it has not influenced the legislation on women issues to an expected
level. This study deploys critical mass theory and mix research
method to examine the effectiveness of gender quota in Pakistan.
Keywords: Gender Quotas, Critical Mass Theory, Decision-Making
Bodies, National Assembly, Women’s Descriptive and Substantive
Representation
Introduction
Gender-based discrimination is a worldwide phenomenon and is
reflected in institutional policies, laws and practices whereas political
inequality in terms of gender represents a significant issue. Women’s
Norway was the first sovereign state, which provided partial vote-right to
women because of a strong movement.12 Before adoption of quotas,
women in Norwegian Labour Party and Swedish Labour Party held more
than 25 percent and 33 percent seats in the parliament respectively.13 Asia
had approximately 18 percent women in legislatures.14 However, Central
African country Rwanda has surpassed all other countries, having 63.8
percent of seats for women in the lower house and 38.5 in upper house
while other African countries like Burundi, Ethiopia, Guyana, Tanzania and
Cameron have more than 33 percent women in legislatures as of January
2021.15 Women’s effective political participation is considered significant
not only in terms of meaningful contribution to women empowerment, but
also ensuring consideration of their views and concerns in all public policy
matters.16
Three types of gender quotas are popular. First one is voluntary
party quota, which binds political parties to choose female candidates for
specific positions, to increase women’s share in legislative bodies. In
several countries, like Germany, Italy, Sweden, Norway, Argentina and
Ecuador, a number of political parties have adopted this measure. All
political parties do not choose gender quota. However, the overall
representation of women increase if major parties adopt it, as the South
African National Party did.17 The second type is legislated candidate quota
that, requires political parties to fix a specific number of positions for
women. It is stipulated through party policy, electoral laws or
constitutional provisions. Nepal, the Philippines and Uganda are pursuing
this type of quota in their national parliaments under constitutional
provisions whereas France, Slovenia, Bosnia-Herzegovina, Belgium and
many Latin American countries are pursuing it through the electoral
laws.18 France and India are exercising it in local bodies.19 This type is not
Literature Review
The literature reviewed analyzed the impact of quota on descriptive
and substantive representation of women in parliament, considering
women’s political representation in Pakistani legislature. Generally, it is
assumed that both men and women have the same political interests
irrespective of their gender, but a survey conducted by Inter Parliamentary
Union (IPU) in 65 countries negates this idea. Almost 200 female
parliamentarians were interviewed during the survey and the majority of
respondents held different perceptions about politics and explained that
women's participation in decision-making was crucial to change the
political culture. 24
Introducing the concept of critical mass, Kanter argues that 35
percent representation in female members could influence the legislation.
She tried to establish that presence of a larger number of women in
assemblies could influence gender issues.25 The idea of critical mass was
advocated widely to attain women’s enhanced representation. It was
assumed that once women would achieve a certain percentage in the
legislature, change would occur automatically. Vega and Firestone observed
if women are smaller in number, they take a back seat in decision-making.
indicated that party affiliation was more important for women legislators in
Philippine in comparison to Taiwan.34 A review of available literature
reflects that sheer quantitative representation of women in legislatures is
not sufficient as numbers intersect with other factors like party affiliation,
electoral laws, constitutional provisions, etc.
41 Azra Asghar Ali, "The Emergence of Feminism among Indian Muslim Women,"
(1920-1947), Karachi: Oxford University Press, 2000;Mussarat Jabeen, “The
Local Government System of Pakistan: Participation, Representation and
Empowerment of Women,” Pakistan Perspectives, 24, no.1, (2019, January-
June):65-94.
72 Journal of Contemporary Studies, Vol. X, No. 1 Summer 2021
45 “Legislative Quotas for Women A Global & South Asian Overview of Types and
Numbers,” Aurat Publication and Information Service Foundation, July, 2012,
https://www.af.org.pk/pub_files/1358744372.pdf
46 Jabeen and Muhammad, “Electoral Gender.”
47 Inter-Parliamentary Union, Women in Parliament: World Classification, 2008,
http://www.ipu.org/wmn-e/classif.htm.
Women’s Representation: Effectiveness of Gender Quota 73
48 Reserved seats are filled through indirect elections and seats are distributed
among the political parties in proportion to their position on elected seats. No
physical constituency or voters’ representation exist. Members on general seats
are directly elected on a ‘first past the post’ basis by a single member constituency.
The basic eligibility criterion is same for the two types as they must be Pakistani
citizen, having age of 25 years or above, must be part of the voter list, qualifying
the conditions, provided in Article 62 and 63 of the 1973 Constitution. The
condition of graduation was removed by the 13th NA. Naeem Mirza and Wasim
Wagha, “Performance of Women Parliamentarians in the 12th National Assembly,”
(2002-2007) (Lahore: Aurat Foundation Publication, 2009).
49 Jabeen and Muhammad, “Gender Quotas.”
74 Journal of Contemporary Studies, Vol. X, No. 1 Summer 2021
Number of adjournment 6 10 8 5 1 30
motions raised
Number of CANs on agenda 109 108 120 122 84 543
Number of points of order raised 741 1,00 1,239 1,28 828 5,099
2 9
Note: there is a bit difference in collected numbers as data varies from one
to other source.
Source: http://openparliament.pk/wp-content/uploads/2013/05/
Performance-of-the-13th-National-Assembly.pdf.
various tools used by the MNAs for intervention in the working of the
house (2008-13) is given below:
The passing of eight bills show that the years 2008 to 2013 (13th
NA) tried to address anti-women practices. Women members worked
actively for introducing pro-women bills, specifically covering areas like
domestic violence and harassment. Women contributed with full strength
and worked as critical actors in this period. Two bills were passed on
gender rights, pursuing the international tradition and as a party to CEDAW.
One was to provide protection at workplace from harassment. The Act
made it mandatory for public and private institutions to introduce an
internal code of conduct to avoid the happenings of sexual harassment at
workplace.
It encouraged more women to be part of workforce, contributing to
the economy of the country. The other bill, Prevention of Anti-Women
Practices Bill (Criminal Law Amendments) declared many customs illegal
such as marriage of women with the Holy Quran or handing over a female
to settle the disputes, forced marriages and depriving women of inherited
property. Gender-based violence was also addressed through the Acid
Control and Acid Crime Prevention Act. This Act prevents the import,
production, sale, storage and use of acid to control its misuse for heinous
crimes. It also demands from the State to provide legal protection to both
victims and survivors of acid and burn crimes.64 Broadly, these laws
exhibited Pakistan’s commitment and endorsement to international law,
treaties and conventions. Other bills also addressed sectarianism and
custody of minor children, prohibiting the discriminatory practices and
elevating women’s status through the formation of commissions on status
of women.65 The image of the assembly improved due to its pro-women
legislation.
On balance, the number of passed laws was much higher than the
12 National Assembly, which passed 50 out of 222 bills/ordinances
th
during its 5-year term and 38 became Acts whereas 180 remained pending
while eleven were withdrawn.66 A significant improvement with positive
change was visible in case of the 13th NA, making its performance as one of
the best assemblies in terms of its legislative contribution.67
Here worth mentioning point is active role of quota women for
drafting and submitting the bills. About 70 percent of PMBs were
sponsored by female members and they initiated 104 bills in comparison to
47 by male members. Overall women’s sponsored bills were 77 while 27
were presented by a group of female members. It is further observed that
female members do not just focus on gender-related legislation, but cover a
Conclusion
Women’s representation in 13th National Assembly was descriptive
as well as substantive. Women were beneficiary of restoration and increase
in number if of reserved seats. Critical Mass worked and women succeeded
in ensuring their presence and share in parliamentary affairs. They had
two types of identity in the legislature: quota and general seats. Quota seats
were never utilized to work for women’s issue only as parties’ selection is
either to oblige the influential political families or women with feudal
background or some other compromise. This choice never allows women
to work independently as they are indebted to parties and families,
pursuing party policy or observing their feudal or tribal traditions, where
women have a subordinate status.
However, in the 13th legislature, majority of the women members
tried to work beyond these restrictions and succeeded in bringing a visible
change. Their presence and active participation in legislation rejected the
concept that politics is a male domain. Viewing the parliamentary
proceedings, it is explored that women legislators were very active and
contributed a lot through legislative interventions like resolutions, CANs,
PMBs, questions etc. In comparison to their male colleagues, they worked
much more for women-related issue and tried to legislate on crucial themes
as two bills were passed against domestic violence and harassment at work
place. Their percentage for raising social issues was higher than male
colleagues and they submitted 80 percent of PMBs and total passed PMBs
were 19 and women introduced 15 of the passed bills. The same trend was
visible in non-passed PMBs, they introduced 104 individually and 38 jointly
out of 189 bills. They succeeded in making their presence, proving the
argument if women have 20 to 30 percent (critical mass) representations
in a parliament, there would be women prone legislation.
Apart from parliament, this number helped women change the
public perception, exhibiting their performance on other forums. Women
politicians successfully depicted seen as public representatives. However, a
large number of government bills introduced by female members were lost
in the initial stages. Total passed government bills were 116 and women
introduced only three. Same trend was observed in non-passed official bills
and out of 102 bills, women submitted six bills only. Legislation on women-
specific issues was not according to the expectations, which were much
higher in the presence of a female speaker.
Absence of constituencies made their position weaker and
sometimes awkward, while on the other hand, majority of the women
elected on general seats had nominal engagement in their constituencies
due to traditional environment. In overall view, statistics revealed women’s
active participation and they became part of the process, showing a
descriptive change. It was a positive sign and indicates that women
demonstrated substantial activity within parliament and substantive
representation in the process despite the males’ domination of legislation. It
was also viewed that some quota women were more active than others, and
they contributed as they wanted to secure their position not only for next
elections, but also to promote the cause of gender equality, showing their
performance and abilities in this regard.