Gender quotas not unconstitutional

This is a submission from the 51% Coalition.

The 51% Coalition issued a release in this paper on September 30, 2012 and responded to some of the same assertions put forward by Aujae Dixon ('Quotas in politics are unconstitutional', June 11, 2014) regarding the unconstitutionality of quotas.

It should be understood that a quota system is just one way of ensuring that women have opportunities on a more equitable basis to spaces in leadership, meaning equal spaces to influence and effect positive change while making meaningful contributions to the development of all Jamaicans.

The Charter of Rights also supports the constitutionality of affirmative action in response to persistent barriers, whether systemic or cultural. Hence, applying gender quotas to political leadership should not be compared to the disparities in gendered occupations given the magnitude of the responsibilities afforded to political leaders in designing programmes, policies and the enforcement of laws for the benefit of all Jamaicans.

PATRIARCHAL THOUGHT

The claim that men are 'naturally' more interested in politics and, therefore, take on leadership roles is baseless. This underscores the reality that patriarchal thinking and structures are still dominant in the minds of many, as reflected in our history and the current situation in Jamaica's political parties. How important are equity and diversity in the agenda of our parties? What framework, if any, is in place to ensure that women (who comprise 51 per cent of the population) are given a fair chance to represent at the highest levels?

Mr Dixon's assertion was supported by his observation that men turn out to political events in greater numbers than women. Certainly, this should not be used as an indicator to properly assess women's interest in politics since one would need to consider a host of other variables that result in men being better able to participate in political activism and meetings.

However, it is well known that women are very involved within the parties, often working behind the scenes as canvassers, cluster managers, election day workers, among many other roles. While the men are often in the leadership positions and outnumber women at executive levels such as the National Executive Committee, Conferences, rallies and political meetings are usually well supported by women.

The time and location of these events are also important since many women are not always in a position to leave their children or personal responsibilities to be present at political rallies or party meetings. Some women are able to get support, but it is clear why men are more likely to outnumber women at these events. This, therefore, means support systems are required to ensure women, like the men - who also have responsibilities and families - are able to effectively participate in opportunities that will advance their political interests.

TRUE DEMOCRACY

It all boils down to a question of fairness, human rights and full citizenship, which are evidence of a true democracy. The quota system being proposed by the 51% Coalition relates to women in political leadership but also on boards and commissions. We propose a gender mix of not more than 60 per cent and no less than 40 per cent of sex on these decision-making bodies.

Readers are reminded that quotas are only special temporary measures. This has been clearly outlined in the National Policy for Gender Equality, approved by Parliament in 2011, which states that the Government of Jamaica shall adopt, in keeping with the United Nations Convention on the Elimination of all forms of Discrimination against Women (CEDAW). CEDAW allows for special temporary measures (STMs) to accelerate equality between men and women.

Therefore, in order to address gender imbalances in leadership at the highest levels of decision-making, the GOJ shall use STMs such as legislated gender quotas to address the lack of proportional representation of women in Parliament. Such a measure could require a 30 per cent minimum distribution of women among persons appointed to the Senate and the board of public bodies.

The 51% Coalition is a women's rights and gender equality advocacy organisation. Email feedback to columns@gleanerjm.com and 51percentcoalitionjm@gmail.com.