Women Representation in Parliament: Comparative Analysis

CEU eTD Collection

Women Representation in Parliament: Emphasis given to South Africa and Comparative Analysis: in Comparative Constitutional Law Comparativein Constitutional

The Central European University, European Central The Requirement for the Degree of of Degree the for Requirement Partial Fulfillment the of Master of Legal Studies Studies Legal of Master Awotash Alemu Tefera Alemu Awotash A Thesis submitted in Budapest, Hungary Budapest, Ethiopia Ethiopia November, 2010 By at at

Special Special

CEU eTD Collection Tefera Alemu Awotash supported of meany in my respect during the completion thesis. I Lastly, forward put Budapest. andYeheyis financial whose supportsustained dedication my throughout stay in strongenough are Words not brightfor me, with which thesis. ideas shaping werefruitfulmy thoughts veryand sharing their for Endale and Aklilu Emebet acknowledge Cherer also to Iwould like thesis. for this helped herbuild advicewhich mebetter to devoted It is a plea havenot well! completed been would thesis your whichwithout this library you use for me letting Baer Professor thank and advice. comments for Baer constructive her Susanne Professor go to Manythanks and crucialwhich contribution ma forRenata advicesupervision her Uitz Professor to I recordwould liketo gratitude my and support from the initial tothe final level enabled me todevelop this thesiswell. I am heartily thankful my to Kollonay Csilla guidance supervisor whose encouragement, ii

sure to pay tribute also to Professor alsosure to pay Gar to tribute I Yeing NG. thank wouldliketo her

my regards and blessings to all my family and friends who friendsfamilyand all mywho my and to blessings regards

ACKNOWLEDGMENT

to express my appreciation to my fiancée Likawent Likawent fiancée my to appreciation my express to de her the back stone of this thesis. thesis. stone of this de the back her

CEU eTD Collection II. III. Chapter 3: in Parliament Representation Women 1: Chapter ACKNOWLEDGMENT I.

Instruments Uni of Frameworks Legal the Implementing on Challenge Immerging 3.6. Laws and Constitutional Court Cases Court Constitutional and Laws Books 3.7. Conclusion and Recommendations and Conclusion 3.7. 3.5 The Representation women enhancing in Organization Based Community and Organizations Civic of Role The 3.4. Frameworks Institutional and legal National 3.3. 3.1. Introduction 3.2. International and Regional Legal and Institutional Frameworks Institutional and Legal Regional and International 3.2. 2.1. Introduction 2.2. Equality: General Overview General Equality: 2.2. 2.4. Affirmative Action ( Substantive Equality) Substantive ( Action Affirmative 2.4. 2.5. Brief Background of Ethiopia 2.7. Quota System 2.6. AffirmativeAction under the Ethiopian Constitution African South and 2.8. Conclusion2.8. and Recommendation 1.4. Conclusion and Recommendations and Conclusion 1.4. 1.1. Introduction 1.2. Why Women representation? Women Why 1.2. 1.3.

3.6.1. Introduction 3.7.2. Recommendations General Conclusions and Recommendations 3.7.1. Conclusion 3.6.2.. Cult 2.8.2. Recommendations 1.4.2. Recommendations 2.4.1. Definition and Debates of Affirmative Action of Affirmative Debates and Definition 2.4.1. 2.4.3. Merit 2.4.2. Justice 2.8.1 Conclusion 1.4.1. Conclusion 2.7.2. Quota System in Ethiopia and SouthAfrica C 1.3.3. Patriarchy parliament 1.3.2. 2.7.1. Methods of quota system 1.2.3. Justice Argument 1.2.2. Representing Women Interest Argument 1.2.1. D 1.2.4. R 1.2.5. Legitimacy of Political Institutions Argument Institutions ofPolitical Legitimacy 1.2.5. 1.3.1. Introduction iii Resources

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CEU eTD Collection will contradict women out representatives,opts the modern legitimacyrested of uponthe the will people need women that require number andof their thein population have needs different identity be parliament. to in represented that Women halfconstitutes and from men experience women different reason have beings. major that is other The human beings and theydeserve participate to every in of aspect life destined for human representationWomen desired is for many the major one being reasons, women are an burden imposed onwomen. is it and women and men between imbalance power of a result women subordinationis entails rights women of respect the in achieved progress the Nevertheless, change. still society the of been considered be to a natural phenomenon of publicand private sphere and emancipation of women from subordination for long.gender inequality However has are still under among things terms other in and women still exists in every sector including political life. This disparityis manifested men between disparity gender However for. advocated and debated discussed been has been have Centuries equals with any other member of society” Nelson Mandela radically changed for the better, andth have been realized unless we see in visible practical terms that the conditions of women in our country has of us take this on board that the objectives of the Reconstruction and Development Programme will not “Freedom cannot be achieved unless the women have been emancipated from all forms of oppression All . I. i

Introduction - represented. Major feminists’ movements called for the end for patriarchy patriarchy for end the for called movements feminists’ Major represented. itself because of inc the the will people believe believe counted since counted

to form part of the seats in parliaments. If a political institution that the

of political representation in which the majority of women

at they have they at been empoweredintervene to all in aspects life of as

the need for gender equality between men andgenderequality women the for need between

subordination of women is

the legitimacy of

ludes the will of men and women. and women. ofludes the men will liberal political th God given and cannot s . As such parts eory

of states states of

CEU eTD Collection representatives throughaffirmative parliament, measures in issuethe intersectional of multiple identity.Iwill be When dealing andstatus each have of their them own particular experiences onthe women a is Ethiopia country where This thesis is particularlycommitted for improving women representation in Ethiopia. quotas. on equalitygender law and sensitiveelectoral including affirmative action t legislations parliamentarians, women of the number campaigning,effective increasing representation, women about knowledge are ,political representation parliament in Among other major thingseffective used the for mechanisms increasi politics. involving publicsphere in preventingdeep womenincluding rooted from for setback ideology the result is ofas patriarchal a publicsphere made and betweendivision private the that assert feminists Many men. to left been has sphere public the while home be considered be to the the ideologyof women’s patriarchy determined which in placeis to are in parliament women of representation equal of absence for reasons major The anGiven issueofthe glob theserepresentationdebatearound still claims is ,women e. for involvingmakings. higher in decision aspire to women rest for producingmodels of dowith a to role theSuch assertion lot has paramount encouraging importance w in increased political institution claims to be committed for. To sum up women representation is of a which every equality representationprincipleto under also justified Women is of the ii

have different class, ethnic group and educational group class, and ethnic different have

with increasing the number of women women of increasingthe number with omen representatives in parliament . parliament in representatives omen

basis of their basis of their ng women hrough

CEU eTD Collection ( Women Against of Discrimination of forms All onthe Elimination Convention particular its role tow regimes in andinstruments institutions and the supportprovided by and institutions legal these In thesis I this systems will also be discussed in a comparativeanalysis. jurisdictions definitions representation. Therefore, affirmative action measure willdealt be women mayincrease to inhibit effectivemeasures action implementation ofaffirmative Thetional constitu Ethiopian be towards of may increasingthewomen number parliament in Africa achieved South that success the Therefore, similar. are share countries African cultures and Ethiopia with the that major continent the in same countryAfrica located a is numberrepresentatives of currently womenparliament in 21% is increasing needs share to because firstly A South comparison South with Africa representation the in world. In with. bealso is to dealt needs CEDAW this iii

thesis,I will be dealing with th

)

the the relation increment to the of that are believed to be effective by major affirmative action scholars action affirmative major by effective be to believed are that is one of the most useful international institutions which in particular deal . The through practicalaffirmative applicationaction ofmeasures quota number of women representatives in parliament whereas in Ethiopia the the Ethiopia in whereas parliament in representatives women of number

will also ards South African South ards and Ethiopian governments. The committee on

deal w deal provisions on affirmative action have onaffirmative provisions The situation of women representation in Ethiopian in in Ethiopian representationThe of in women situation , and ith the major international, regional and national legal national legal and theregional majorith international, India depending onthe best experiences thatEthiopia frica is considered as a leading country in terms of of terms in country aleading as considered is frica

the numberthe women of participation in politics in e major issues and points of and viewse points onwomen major issues

a great lesson to Ethiopia. Ethiopia. to great lesson

a number of gaps that of number a with in relationwith in to the . In addition, South Inaddition,

and and CEU eTD Collection as institutions and scholars, regimesrecommendationsand international resources legal of Africa South representation an parliament d the in havingwomen in high experience of the through analyzing representatives womenparliament number in of This thesis aims at making a the to effort contribution being increasing to made the Purpose of this thesis be presented. representation parliament. in The major arguments for and against cultural relativism will women are makingtowards rights effort internationalnegatively human the affect cul the from challenges Recent international human rights includingwomen rights facing are with major treaty. the ratified have recommendations. Africa andEthiopia South Both and are signatory CEDAW states to with issues of all aspects of wo This thesis will consist of three major chapters. chapters. major three of consist will thesis This women Ethiopia representatives in and affirmative be will analyzed action as so contribute to the to process of increasing gaps inElectoralthe In the existing law parliament. addition, women in representatives to rationale and need the about mechanism raising awareness creating for situation be may thesis this representatives, therefore, towards voting population foparliament the attitudeof the helps change

it relates to Ethiopia. Awareness about the Awareness Ethiopia. relatesto it iv

tural relative scholars.I believe that those challenges may . men through providing remarks concluding and

used as a resource in relation to Ethiopian Ethiopian to relation in resource as a used current current

number of women participation in women of number r women women r

have

CEU eTD Collection be will providedsituation Ethiopian to helpful which wouldbe and recommendation conclusions In each chapter, well as Frameworks enhancing in be will discussed women representation Lastly, chapterin thirdthe role the international of and national institutional andLegal intersectional is of a particular importance to Ethiopia for the aforementioned reasons. of women in parliament through affirmative action chapter this addition use can Ethiopia that practices best and experience the with line of use effective action, affirmative of background theoretical with deals chapter second The Africaand in relation to international legal instruments i experiences South theanalyzing of women through of representation overcometo low women representation, factors inhibitingwomen representation and suggested solutions Underthe philosophy feminist the theon women first need chapter, representation, to affirmative action v bring out the issue of cultural relati as avism challenge forrights. women

also deals with

to increaseto parliament in women representation through

issues intersexionalities of in increasing number the

measures. s discussed

of will be analyzed. analyzed. be will of

. . The last chapter will will chapter last The . Analyzing issues of issues Analyzing quota in

In CEU eTD Collection to fortyto seven twopoint percent (36.4 (36%) whereas, countries Nordic was in the numberestimated be to thirty be six to countries thirty estimated 1999 thewomen participationScandinavian in of fifty have the world in women, nolegislatures Ruanda except year, last 4 3 2 1 due patriarchal the to hostile which structure prevented entering women from into representations able parliamentary participate in to were In not Africa, women 1980s in the end of colonization. mainly History has shown that the an lobbying successful began politics in offact women’s increase women to as 1990s participation in a result participation womenof in the politicalarena been still a had problem. the jobs, paying high in participation women number of increasing Despite the 1.1. National University National Accountability Incorporation and representation,Afrikaintitue Nordiskain, Spa , Social Forces

Sawer, Women National in Parliament, December (

Pamela Paxton and SheriKunovich, Women's Representation: Political Importance The of Ideology, Geisler, Gisela Geisler,

Introduction Introduction

1

Africa because Marian

, Chapter

, the University of North Carolina press, ( press, Carolina North of University the

Research School Research of Social Australian Sciences, Review, Science Political International ,

Parliamentary Representation of Women: From Discourses of Justice to Strategies of Strategies to ofJustice Discourses From Women: of Representation Parliamentary ,

,(2000), Women and the remaking of Politics in Southern Africa, Negotiating Autonomy, Autonomy, Negotiating Africa, Southern in Politics of remaking the and Women

d politicizing of their absence from higher decision makings. decision from higher absence theirpoliticizing of d has took years took has and nationbuilding reconstruction to after process 1: 1: Vol.21, No.4,

where fifty six percent (56%) of the parliament members are are members parliament the of (56%) percent six fifty where

Women Representationin Parliament participation of women Africa in has been a very process slow

Pp.361 - 2009) 42.7 %)

,

http://www.ipu.org/wmn 2003) 4

percent percent , Vol.82, No.1, Pp.87

( 2004 (50%) women in parliament. in women (50%) ) , Pp.9, - e/classif.htm

1

Until the end of the endUntil of

six point four point six

3

2

In In In

CEU eTD Collection Political Behavior, Political Ethiopia in particular in Ethiopia Saharan the Sub and Afri in participation representatives shape thebehavior political of the publicand change the attitudetowards women representation representation and the ofabout awarenessin society women women can t theabou knowledgeactual Political politics. in participation women the of process slow have knowledgewomenpolitical t representation some been abou percent 8 6 5 Lack of commitment in representatives result as makings In Ethiopia fourteenwhich (14%), way is percent while in su ranked and 3 44.5% it higher which parliamentrelativelyin is constitute been has Africa South in then since made parliament. 7 Sanbonmatsu, Ibid

Ibid, Ibid, , Pp. 9 , Pp.

Pp.9 2 Pp.9

(4%) in in (4%)

b Saharan Africa the average Africa percentageSaharan b of women representation 5

women were not considerednot things, among women were other Although the representation of women in parliament constituted to be four four be to constituted parliament in of women Although representation the

Kira 8

Vol.25, No.4, 1999 in Africa, it was only achieved in Southern Africa Southern in achieved onlyAfrica, was it 1999 in of women in the legislative has assembles

the number of women in Parliament constitute ofthe women number Parliament in , 2010. Gender 7

- for for Related Political Knowledge and the Descriptive Repre the Descriptive and Knowledge Political Related O

ne can the change during out decade last say that brought the ( 2003 increased increased

) , PP369) behind. absence of sufficient sufficient of women representation and absence

tremendous;

ca at large. at

currently currently

s been relatively slow in relatively been

women Africa South in women as capable of decision decision of capable as only of the 21.9% total of the problems forof the sentation of Women , , Women of sentation . rd 6

T in thein world he progress progress he constituted

CEU eTD Collection 14 13 12 11 10 9 their take an argued is women representation that interests of women parliamentary are takenin consideration into decisions. It is asserted tha judgmentsrequires. represented about what the andfacts value require that are questions representation oftherefore political questions actions, what needs be to done afor in particular those who are context represented and decision forexplanation the contrary an is there unless represented the of interest the to contrary act not should representative t in “acting land and characteristics physical mere than to needed representatives where later the However During medieval representation? Women 1.2. Why districts and channel to supposed were representatives whereby representations geographical as

Ibid209 Pp.

Squires, Judith , Judith Squires, Ibid, Pp.2012 Pp. Ibid, ( Press, California of University Angeles: Los Representation, of Concept the , Pitkin,H.F Ibid, Pp.201 3

2012 fair share in political decision makings through representing their proportion of proportion of representing their decision through makings political sharein fair he interest of the represented in a manner responsive to them” a to the representedresponsive manner ofhe in interest

to protect the interests protect to of property amechanism became onit later

Gender in Political Theory, Oxford Polity Press , Press Polity Oxford Theory, in Political Gender t political representation is a means to achieve the purpose in the achieve to ameans is representation political t

period

suffrage movements fought for a different notion of representation suffrage representation a movements foughtof for different notion

and late nineteen century, political representation was perceived perceived was representation political century, nineteen late and

represent ideologies represent 12 . Political representation questions involves

end by itself in which women as human beings as which in women end byitself

. 13 10

Recently representation is defined as as defined is representation Recently

and interest of groups in the society groups the in society of and interest

( 1999) , Pp.201

11 . In sense this . 1999 14 owners

which the I ) t is also , Pp..209

about 9

CEU eTD Collection Representations of Women the in 1997Canada No.4, No.4, 18 17 16 15 that withwomen deals the of representation Substantive why dowomen need be to represented bywomen while men can represent women beh rationale the with concerned ofUnlike women descriptiverepresentation is of women, representation substantive parliament their number the until in population reflects their proportion representationis of women class or gender , instance for experiences, shared and characteristics representati descriptive term The 1.2.1. arguments of about women these representation. types meanings devoted the present to following The woman. representations of anddescriptive substantive general In society. the Journal ofPolitics Journal Tremblay

Ibid, PP.381 Ibid,2012 Pp. Mansbridge, Jane,Should Blacks Represent A and Blacks Women Contingent Represent Women?, yes, serve can ( 1997 ), 4

Descriptive and Substantive Representation of Women Women of Representation Substantive and Descriptive

based on its rational: these rational: onits twobased to representation in women divide scholars , 15 Pp.381 Manon and Pelletier, Manon

, Vol.61, No.3, Vol.61, as input for the political development and thedevelopment political for input as can be be can

categorized ascategorized descriptive representation of women. , (

referred to the physical existence of women representatives in in representatives women of existence physical the to referred 1999

Rejean, More Feminists or More Women? More FeministsRejean, More or , ) , 629 Pp. types of representations and the different purposes and purposes and the different representations types of ind women representation and answers the questions and womenind representation on denotes representation on the basis of commonon denotesthe basis representation , International Political Science Political Review Political Science Political International ,

representing representing

values and experiences of women women of experiences and values completeness unlike , someone

Descriptive an 17 .

paragraphs are on the basis of of on the basis 16 Descriptive d Substantive Substantive d

the mere mere the ,

Vol.21,

are are 18 . CEU eTD Collection Representations of Women in the 1997 Canada 22 Ibid 21 20 19 true tha it is true that women common have interests torepresented,be be notit maynecessarily representation the in included well are women fro different of account well taken are makings decision whether the representation the of not question the women representation is women subject debate. is to perspective, Fromthe of question functionalist seems it that As mentioned above, t Argument Interest Women 1.2.2. Representing page. representation depth in onnext The following sections deal with makings.interests nationalwomen in decisions and their protect women b major concept of representation in feminist theorywhich in the major assertion is that parliament. in women of existence physical No.4, Pitkin,H.F Pitkin,H.F

Ibid, PP.382 Tremblay Tremblay

( 1997 ), 5 Pp.209 ,

t the mere fact that there are more women in parliament can represents women’s women’s represents can parliament in women more are there that fact mere the t

y reason of their gender and as a second class citizens can better represent represent better can citizens class asecond as and gender their of y reason , ,

Manon and Pelletier, Pp.382 interest of women which ofwell needs represented women interest be to all and in recognized the Concept of Representation, Los Angeles m women in theirm sex,

of w of

omen in parliament. he assertion that women interests would be better represented by by represented better be would interests women that assertion he

Rejean, More Feminists More Women? or

some of these points of views and rational for women women for and ofrational views points of these some

can represent women as long as the interests of of interests the as long as women represent can Rather Rather , International political science political Review political science political International , 19 21 Substantive representation of women is the women the is representation Substantive of . According view, men this to although are 22 having having . Theses scholars further argue thatwhile. Theses further argue scholars ,

University of California Press, California of University

physical existence existence physical women

in parliament is a question 20

Descriptive and or descriptive

( 1999 Substantive Substantive ) , Pp , ,

Vol.21, ..209

CEU eTD Collection 26 25 Accountability 23 men and women to participate inthe public matters that affect their interests. According these to poli scholars, women and menthe in legislative assemblies of representatives equal numerical mere e thatth Themaintains of thought other school women. matters of doing what they for aspire gaining includingin positions the higher political also be parliament, in includingdecision makinginstitutions representation f puts of thought first school regard, thethis in conclusionThis takes to us theschool of feminist women tha Therefore, loophole this suspected. be also can women of interests the represent to women, from the capacity of men, having different biologicalsetup and experiences ofportion women rights while men cannot doso. However that theses admit scholars women can better of issues take women to in the account parliament in and ensure the interest better. 24 I Kudith

Ibid205 PP. parliament has parliament Sawer, Sawer, bid, Pp 6

. encouraged have to self confidence able and say be to thattheyare also capable to believe that for many reasons women better represents women. women. represents better women reasons many for that believe to opens the door 25 , Squires Marian,

. 162 I n other words, women representation produces role model women to other other to produces women representation modelwomen words, role n other ,

International Political Science Review Science Political International 23 ,

Gender in Political Theory, Cambridge Theory, and in oxford: Political Gender Polity Press Parlia Therefore, according absurd view,is take to it this to for granted that

much more more much mentaryRepresentation of Women, t is

functions than , the capacity of men men of capacity the , tical justice begins from providing

orth if increasing orth womencome representing the mere interests of women of interests mere the representing , Marian ,

is a symbolis impartiality of and fairness. thought in

, From Discourses Strategies of Justice to of

Vol.21, No.4,Pp.361 24 to to

understand which women equal o equal , (1999), PP. 205

well well other women will women will other representation representation pportunity for the of issues

into higher higher into

. I 26 n

CEU eTD Collection Cambridge and oxford: polityPress, ( 34 33 32 31 30 29 28 27 among women sameness identity The derived biologicalidentity. from their interests be to commonly of the Most represented. commoninterests of women are women.men and biological differences are also accompanied byunbalanced of labor division between andchild birth and other experiences biologicalmakeup. onpregnancy, responsibilities in private and public life represented. thatwomenrepresentation is as of a women group commoninterests be have to maintained identical in are they represent t and members promote to need group sufficient. as Women protected. therefore, representativesthe having same the identity torepresentedthe will better be words the identity be to represented of women and representatives t are representation women that argue scholars Other Ibid Ibid

Sapiro, Virgina Sapiro, Ibid Ibid Ibid Ibid I bid,162 Pp. Pp.162 , Pp.162 , , pp.162 Pp.162 , Pp.162 , Pp.162 , 7

identity

28

. For these scholars formal presence women of in parliament is not by itself by many scholars . This is because for some peop some for because is This . scholars by many better better 30

Women have Women commoninterests areas in of such labor as division common , W 29 hen are Interests Interesting? Interests are hen 33 accepted rationale rationale . The argument last accepted the dowith most a to lot has position

Therefore, women as a group in general have a lot of common generala lot group in have as a women Therefore,

to seriouslyto take account into

1999) , Pp

is the major difference from men from difference major the is

161 31 . Women and. Women mendi have , The problem of Political Representation of Women, Women, of Representation Political of problem The

requires sameness in identity. in sameness requires the needs of those who have le, the core valuele, behind the core fferent relationships he interests because because interests he 34 . Since men do he same and same he 27 32 In other

Theses Theses CEU eTD Collection 38 37 36 35 than being a woman. just experiencethat individuals oppression or different groups others. m For them,wom believe women. possessing thatother the identities women have can better the interests represent of equally women representation are representation is not sufficient rather both repr women for justifications necessary I contend that all they those identities fully hold to not be not a in women. will position understand as opposed to homogenous identity as opposed homogenous to congregates changing and fragmented is identity argue that who feminists are there Whereas ofdecision women themakings. in higher ( 2005) Ibid Diaz, Mateo

ay groups belongdifferent onher to depending Ibid I bid , , Pp.20 , , Pp.20 8

Pp Pp.20 36

that women

Similarly, .20 Therefore,all other for group,different emergingexpectations are there from

, a

ccording to this view, identity is multi dimensional and dynamic over time Mercedes RepresentingMercedes Female legislatures Women?, West in European Parliaments e 37 n as an individual has multiplicity of experiences because each woman woman each because experiences of multiplicity has individual an as n . Looking recognize to . groups helps as us identities having diversified at the the

women representatives may may representatives women

can do what others can augments maintained 38 Therefore,groupas as a having womenbe to have considered

important. As far as I am concerned women by way of of way by women concerned am I as far As important. 35 .

do esentation because the end achieved end the because esentation

and may

discrimination for many discrimination reasons other other by different scholars are complementary and complementary are scholars by different the encourage

means means

the common common theinterests address better age, class,age, ethnic and origin many

by and end results achieved by others and make the society society the make and others

by women ,

CEU eTD Collection 40 39 influenceeffort the made to increase women participation in politics an politics. in taken consideringrepresented account in into women participation has been not The multiplicity identity of women of who already are in andtho power and similar have by who those represented are oppression these and domination can Africa in situation the that argue can One leaders. political being of incapable are women that believes society .the women towards beto limited household to chores.In a is there strong fact, stereotyping perpetrated in higher level politicaldecision is verybecause limited th including Africa South are Ethiopia and traditional patriarchal state. The role of women common interests that need be to by represented women. of African Most States of wom groups otherAfrica likeany For in women instance valuesgender. than her than a woman who does not”. values my shares who a man to closer feel “I states she debates her of one in Badinter identity belongingness. Hetero as ethnic or origin class. heterogeneous identities that stems from intersections with other factoring elements such

Ibid Ibid interests taking into account these intersectional issues , Pp.20 , Pp.20 9 geneitycould also result from the hierarchy giveeachthat individuals to of their

T or

here ethnicity are numerous and opinion, political

gender. interestingly is point This elaborated bya philosopher Elisabeth 39

sex than sex ideologies a her priorityto give woman might aexample For

40

It thatthis obvious woman is has given a her priorityto

only be changed if the victims ofthe victims changed if be only . e role of women is perceived perceived is women of role e en in the world, have also have world, en the in m ultiplicityof identity can d in representingd in experiences experiences se who are are who se

CEU eTD Collection Accountability 44 43 42 41 of women.thesiswill This explain of role in detailabout issue the domestic the to the lower level jobs. opposed original to segregate to differenceare showsthatthe of majority women forced children. gestate to able are women that fact the is difference works as original,and imposed imagined. Catharine philosophi MacKinnon of humanutilization resources and the talent thatwomen have contribute to the society. In facilitates women addition, representation women. the and opportunity men for representationWomen , scholars a Argument 1.2.3. Justice women of interest the address moreis crucial than sameness sex. in Therefore, representation may of women, fail to some of them ethnic For power. are in from those opinions who political womenaddition, different hold their of countries,Like w other having andculture interest. identity distinct their interests Africa. in Particularly Ethiopia there in are ethnic more than 80 groups

Ibid, Ibid,Pp. MacKinnon, Sawer, 10 Pp.84

p; however, they grou however, p;

84 Marian

, Catharine

International Political Science Review Science Political International ,

Parliam

origin coulda be priority origin identity sex than

Differen From Discourses of Justice to Strategies of Strategies to ofJustice Representationentary Discourses ofFrom Women, 44 omen omen

Thus, the imposed reality is what is constructedby is Thus, the reality imposed what theis society

ce and

background. background. cultural and origin ethnic different are from as a group share common identity as members members sharecommonidentityas group as Ethiopia in a if it does takeif not account it into allthose factors. rgue rgue cally of women the exclusion oncertain puts labor

Dominance from the justice perspective 42 According the only MacKinnon, to original

on Sex Discrimination, ( Discrimination, Sex on , Vol.21, No.4,Pp.361

. 43

For others, political view political For others,

1984) The imposed reality as as reality imposed The

can be can , Pp.84

seen as equal equal as seen

In 41

CEU eTD Collection September 1995, A/CONF.177/20 (1995) and A/CONF.177/20/Add.1 181 (1995). Para. International Idea, Women in parliament in Stok in parliament Women in Idea, International

46 45 Both African the and Ethiopian South deal equality with constitutions women all in of significant ofcontribution women drafting in the current South Afric Africa the For South in instance thedevelopment. to political and contribute knowledge of diffe resources women having because of utilization also ais question of representation equality parliament Women a not question is and in i participate inpolicy making and higher political sphere without any discrimination. and public life in footing equal women have that sure make to convention parties the to (CEDAW)calls attention Article uponthe Women. 7also of signatory stats incorporated prerequisite be to addition seen as anecessary equal in participation aforementioned j legal provides instruments The opportunity chapter in two.

Women, on Conference World Fourth Nations United M Beijing Platform for Action 1995 which is one of the major influential international 11 anzin, Mavivi Myakayaka Myakayaka Mavivi anzin,

. 46

” . 45 Convention on the Elimination Allof forms Discrimination of against

decision making is

Women in Parliament in South Africa, Africa, South in Parliament in Women WomenI, Empowered, holm , holm democracy democracy or justice simple for a demand

(2002),.1 Pp usti Beijing Declaration and Platform for Action, 15 15 Action, for Platform and Declaration Beijing fications and also provides also provides fications and

for women’s int an was Constitution mpartiality issue it

rent experiences experiences rent erests to be be to erests tha “ women’s women’s

t State State in in CEU eTD Collection the Commission for Gender Equality, 1998- Equality, Gender for the Commission 49 48 47 Africa andgroup its South in oneThe of also established parliamentary was women’s Accor requirement in that eachpolitical partyat least onethird of members a has become Africa, it South in conference a national at made successful lobbying allotte were parliament the in seats whereby system representing aproportional has Africa South representatives inparliament is still unsatisfactory equal right publicand in private one life, is Ethiopia of the countries where women Whereas, despite Ethiopia, in the fact declare thatthe Constitution any other equals as with life intervene member aspects all of in society of country radically has changed the they better, for andthat have empowered been to the that terms visible practical in see realized unlesswe the objectivesthat the of Reconstruction andDevelopment Programme have will not been women have all from been of forms us of emancipated All oppression. take onboard this In respect Nelsonmentioned once “Freedom this Mandela cannot the 1996constitution. major focusesthe Africa drafting since South of in world mainly gender because equality representation political in has been one of the representation parliament Africa in of South women aspects of including lives the participation of women politics. in Democratic Republic of Ethiopia Constitution, 1 Constitution, Ethiopia of Republic Democratic

The Federal DemocraticThe Republicof (FDRE)Fed Ethiopia of The House Representatives , peoples Ibid, Pp.44 Compiled by by Compiled Committee, CDAW to Report Initial Africa South of Republic Africa, South Of Republic 12 400 seats 111were allot 400 seats election of out the the in 1994 dingly, d to the parties on the basis of their percentage of the vote. percentage of the their the basisof on thed to parties

2008, PP.44 st

year No. 1AddisAbaba, 21

.

is the leadingis the role model in the

conditions of women our in of conditions st

August, 1995 be achieved unless the the unless achieved be ted for womented for .

s thatwomens have need to be women. beto women. need 48 ”

47

As a result of of aresult As

In terms of

49

eral CEU eTD Collection Idea, Wom Idea, Accountability 1 Constitution, Ethiopia of Republic Democratic 52 51 50 of legislature. Facts that show women constitute fifty percent population the of in many The other justifica Argument Institutions Political of 1.2.5. Legitimacy political participation. parliament because theywere in a position to tackle the setbacks that women inhibit Africa, womenSouth parliament members were able to bring increasingwomen in high pullingin into other decision political making women For institutions. in instance makings if the opportunitygiven them.Women to is representation also plays a role vital makers decision presence of encouragesaspire women to parliament in women towards becoming higher ofserves womena parliament in role other as modelfor women. acco and above mentioned As Argument Model 1.2.4. Role constituencies. member single in cast votes of majority the of basis the on elected are Representatives peoples Whereas the Ethiopia, representationmajoritarian in is system whereby the house of major functions is toassist the parliament totake issue the of women in its daily agenda Women in Parliament in South Africa, International International Africa, South in Parliament in Women , Empowered Women Myakayaka Mavivi Manzini,

The Federal DemocraticThe Republicof (FDRE)Federal Ethiopia of The House Representatives , peoples Sawer, Marian Sawer, Marian 13

en in p in en

,

International Political Science Review, Science Political International arliament in Stokholm , Stokholm in arliament , . This ar. This Parliamentary Rep Parliamentary tion for women representation related is toquestionthe of legitimacy 52

50 gument highlights the abilitywomen of to makehigher decision

rding to this point point this rdingof to view resentation of Women: From Discourses of Justice to Strategies of of Strategies to Justice of Discourses From Women: of resentation

(2002), Pp st

year No. 1AddisAbaba, 21 .1

Vol.21, No.4,Pp.361 , it is believed that the presence presence the that believed is it ,

51 st

August, 53 Article 1995,

Without any Without the doubt from from

.

CEU eTD Collection Social Forces , ( York New Press, University Cambridge 57 56 55 54 53 politics. party in women are involved and few very politics in are interested of women politics. intere not are women because low is representation women that assert scholars There are also a number of arguments about parliament. T menti are factors of A number also controversial. is education of representation political level requires high that fact the However society. the of leaders influential or educated either are parliament educated. not are countries many in women of majority the because women accommodate to thoseeducated,fails groupswho ofare highly it thecandidates societyare from taken candidates. supply women demand and of are major which reasons Study show legitimac Ifcountries. women are opted of out being of representatives part of the society, the Irving,

Ibid ,PP.196 Kudith Ibid, Pp89 Pamela, 1.3.1. 1.3. 14

56

, Helen

Squires y of the legislature becomes questionable. becomes legislature y the of

55 Parliament Factors for Unequal Representation of Women in Paxton and Kunovich, and Paxton This scholar further argue that even in recent times, very insignificant numbers scholarThis numbers recentvery furtherin arguetimes, thateven insignificant

Lack Political Interest? Political Lack

, Vol.82, No.1, ( s thatthes under

the arguments: he are following some of the In example practice, this factor is true for , Gender and the Constitution, Equity and Agency in Comparative Constitutional Design, Design, Constitutional Comparative in Agency and Equity Constitution, the and Gender ,

Gender inPolitcal Theory, Cambridge and oxford: Polity oned by scholars for the under the oned for byscholars 2003

- )

representation representation , Pp.89 Sheri

, 2008) Wome

, Pp n's Political n's Political . 109

of

whywomen are underrepresented?S women 53 Representation,

in parliament - nt represe in Ethiopia in

Press, Press, The Importance of Ideology, 54 ation of women in ation of women in

Since the legislative (1999), (1999), is a result of two

candidates of of candidates PP. 206 sted in

ome ome 57

CEU eTD Collection 62 61 60 59 58 wayThis grounded may of argument onthe domesticity women and of be arg the political system failsto address their interest seems a valid argument, it is absurd to . companies discriminated because not numberSears of was womenCompany the in small the Company (EEOC)OpportunityIt v.Sears, & argued thatthe Commission Roebuck Company. was and was publicbusiness disinterest to better a in reflected case Equal Employment attained high morality. women while they the are tiedto virtue and tender of publicbusiness less nurturing sphere domestic the in remain to chose andwomen different are men and women because arewomen and thatwomen she men”a asserts in which disadvant in the Gilligan Carol psychologicalanalysis of relational feminists onthe “different disinterested they the have contemporary donot knowledge political O fact that the political system fails torepresent their interests. interested less be to women for reason major the that argue Others Incorporation and representation,Afrikaintitue Nordiska Spain, , , Joan Williams, .

argue that women are not represented in politics because because politics in represented not are women that other hand onthe argue scholars ther Ibid,.806 Pp

Ibid Ibid, Pp.102 ue that womenare disinterested in politics. Geisler, Gisela Geisler, 15 , Pp.9 60

.These relational feminists offer domesticityfor women andfurtherassert that

62

59 Although the assertion that women are not sufficientlyare Althoughassertionnot because represented thatwomen the . The against rather women were not interested to work in public employmentagainst rather women work to werepublic interested in not

, Michigan Law Review Law Michigan , Gender Deconstructing Women Women assertion assertion 61 The relational feminists claim onthe domesticity women of and the R the and that women lacks political interest hasmuchdowith to very

em aking of Politics in Southern Africa, Negotiating Autonomy, Autonomy, Negotiating Africa, in Southern ofPolitics aking

( not because not ey, but th are 2004

, Vol. 87 , No. ,No. , Vol. 87 4 ) , Pp. , 58

9

in politics lies on the aged position ,(

1989) gender gender ,Pp. 806 voice of voice

CEU eTD Collection 67 I 66 65 64 63 w located within the civil society sphere having its private individual. the civil society is private as correlated with the State and public, it is correlated with the society which in theindividual civil plays which private is division addition to the public private division there is also a third category of tripartite complex enjoyindividuals the without freedom interference of the state. to interfere whereas the private sphere is connected with what is civil society in whic meant the of reconsideration or separation the change to need the on centered is feminists of claim The major offor reasonswomen. representation under representation parliament.in of women theoriesThe present contemporary under feminist offor a validargument number believes women in subordination. it because against longer women. The any Gilligan Carol accepted analysis not is maystereotyping. further in assertions stereotyping alsoand result discrimination Such

hereas the dichotomy between family and civil society also exists. also society and civil family between dichotomy the hereas

Ibid Pp.25 PP.26Ibid, Ibid, Pp.25 Squires, the the 1.3.2. bid,Pp.25 in the conceptpublic of and private dichotomy, the civil society represents 16 dichotomy publicand private between spheres.

Judith

political arenapolitical which under is the control of the Stateand State has the power

Women Representation in parliament parliament in Representation Women Dichotomy

, Gender in Political Theory, Cambridge and Oxford Press, ( Press, Oxford and Cambridge Theory, Political in Gender 66

When the correlation society civil of with the is State, family is

between

Public and Private Sphere as a Setback for for Setback a as Sphere Private and Public The following sections will deal some with

own dichotomy thesociety with civil 63 Public sphere Public in sense this is 64 According to Squires According to 1999)

67 in middle.the

, Pp.1 ,

market whereas market

65 of the

When When , in in , , h

CEU eTD Collection (1989), contract or the will of the peoplecontract of i the will or the 71 70 69 68 subordination. and domination still is there where place the been has is result s a a and intervention state from mark the state regulates wasmarketfreeAs frommarket. excluded the theoriesmarket and and state the has aresult developed the weremarket there and regulated the hasstatethe intervened although sincethe has been sate. long public It which is and libertycontemporary Bothfocused onequality and early of State theories people. be legitimate successfully been has it theories political those Lock theoriespolitical by the John in seventeen and centuries.In Rousseau eighteen of emergence the to back traced is family the to related as dichotomy private and Public allowednot and be to developed furthered subordination enjoys the family only not the society. the Whereas family State orwhere domestic sphere or society. civil development of market because feminists societycivil and Statenonintervention in exc the However spheres. private and women state both in Forfeminists, this theoretical dichotomyexplains the place family of and the status of Review,

Ibid, 33 Pp

Ibid, Pp.33 Patenman Olsen, Frances Olsen, 17

Pp.33

(1983) , Pp.1514Vol.96 No.7, (1983) 70

However, feminists assert that this theory legitimacy of grounded ,

Carole

. 69

State legitimizes its power on social contract or the will of the sovereign ,The Family and the Market, and Market, the Family ,The Democracy, Feminism and Political Theory, Polity Press, Polity Theory, , the Political disorder of and women, Feminism Democracy,

State non intervention has resulted in the lag of the family behind the family the in lag ofresulted the non intervention has State et to avoid domination. Whereas family has been considered as autonomies and free and autonomies as has beenfamily considered domination. avoid Whereas to et

mplicitlyconstituted patriarchal order space of does interfere not free the in individual space 68 unlike

a study of id of study a Literally speaking women are placed in the the in placed are women speaking Literally the family is not accepted accepted not is family the

argued

the market. market. the eology and LegalReform, Harvard Law how the how

lusion familyof within the

authority of the State can can State the of authority of women but also it is also it but women of . 71 phenomenon by

on social

CEU eTD Collection ( 78 77 76 75 74 73 72 UnitedAmerica States of , because the original making civil of society through social contract is patriarchal while it between division meaning of the family rest andthe social of still unnoticed life is public vis avis privateand within the private family vis avis market. on Later not. is relevant while the domestic contract social the beyond The meaning of society civil created is through contract and “ which means theory implicitly contributed large at society the and women of disorder the for source between of orcivil of birth society, at the same time contract social is the source of separation patriarchal brotherhood- not commit their theories to philosophers did These of these theories. themes on relyappreciation theories of these thatfraternitypointed out libertywith the greatest is ideal of humankind. humankind of ideal this called Jefferson Thomas instance For asociety. of ideals the be to deemed 1989)

Patenman, Ibid, Pp34 Ibid, Pp.34 Ibid,Pp.45 Ibid, Pp.45 Ibid, Pp.41 18 , Pp.41

the domestic or the domestic

, public and private sphere and she further argues that social contract is the the is contract social that argues further she and sphere private and public

this division betweenhas been division threefoldthis the twospheres extendedinto thatis

Carole,

as the pursuit of happiness the disorder of women,: Democracy, Feminism and Political Theory, Polity Press, Press, Polity Theory, Political and Feminism Democracy, women,: of disorder the theory had theory private

fraternity . fraternity esArticl of Confederation, Preamble 1977,

all groups of society rather theywere onlyapply to meant to tothe proliferation of patriarchy among the society tod

a political significance in a way that the p

is civil society or publicsphere or society civil is

74

Pateman argues that the social contract is the origin origin the is contract social the that argues Pateman 72

while one of the resent Bernard theorists Crick 75 . In social addition, contract . ” 77 The division made by made by The division ublic is politically 78 However the However the 73

everything everything Feminists ay . 76

CEU eTD Collection 84 83 82 81 80 79 holding as power a whole. the colonization of Africa eliminated the pre exi excluded from the political relations. men. phenomenon This was also originated from economic and legal production Similarly in Africa, in their eyes from seeing politics. within patriarchy prevailing the because sphere political the in women remote to politics. State non intervention into the familyalso results the absence of theory.If this power inequality is not regulatedby the State, family will rema fraternity had implicitly excluded the role and fair benefit of women in this political public and sphere. private of individual separation throughtake accountcomposition into of the patriarchal the and liberty equality given to much attentionis of features is the crucial centerforthe feminists’ critic. (1989), Incorporation and Representation, N Patenman, Ibid, Pp.19

Ibid, Pp.19 Ibid, Pp.35 Ibid, Pp.34 Geisler, Gisela Geisler, 19

Pp.34

82

Scholars assert that in pre colonial Africa, although women were not totally prenot Scholars thatin althoughwomen assert colonialwere Africa,

social contract theory is its less attention on the meaning of fraternitywhile Disorder ofCarole, W Disorder the

, Women and the Remaking of Politics in Southern Africa Southern in Politics of Remaking the and Women pre 84 81

- Thus absence of much discussion as to what constituteswhat as discussion to of much Thusabsence sphere, their power nominal was

colonial African Societies, women had been subordinate to to subordinate been had women Societies, African colonial

ordiska Africanstitutite, ( Africanstitutite, ordiska

omen,: Democracy, Feminism and Political Theory, Polity Press, Polity Theory, Political and Feminism Democracy, omen,: 79

according to Pateman , one ofaccording the major Pateman to , one 80 sti

The conception of fraternity does not not fraternity does The of conception 2004) ng of women notion participation in , Pp . 19 . 83

However, argued is it that ,

Negotiation Autonomy, Autonomy, Negotiation

the family covers covers family the in to be to in

CEU eTD Collection poverty 89 Law of Constitutional 88 87 86 85 asbeen well. Africa in a problem of challenging in the last three decades; states. of reconstruction government and the legitimacy of the of power the government building and was nation states on th The marginalization of women in post colonial era is partlyresult the illegitimacy of Africain are shouldering and violence. still subordination of women.position The fight against the root of patriarchy encouraging is while women Nevertheless wereAs a subordinationandwomen to result oppression. since subject then, wererequired only themselves the devote to family to and becomehousewives. proper improved productions while the role of women was neglected public.As s in therefore, as 1980s was in a result proliferated of the colonial Statetargeting men for era. colonization colonial during States the Geisler Ibid, 6 Pp.

Prempeh, , Kwasi Ibid, Pp.19 Ibid, Pp.19 Ibid,19 Pp. family Vis 20

asserts that,the publicand private dichotomy in and illiteracyreduction.

e will of the people. Post colonial Africa continued to be authoritarian rule of of colonialpeople. Africaauthoritarianrule e ofcontinued Post be the will to

theGod workand nature. oflikethe Western w Therefore,

in the in world at largemade recently abou been t the have changes significant

avis other public spheres and absence of sufficient access to politics has publicspheres politics to absenceavis other ofaccess and sufficient Journal Journal International New Dawn?, or Start False Revival, Constitutionalism Africa’s , Vol. 5, No. 469,, Vol.No. 5, 88

Consequently, legitimacy the Africanof states has been however women participation in politics is still seen

89

(

2007 Few have developments ) ,Pp. 6

85

The subordination of women in Africa in women subordinationof The

Africa was originated was Africa beenhuman recordedrights on orld, the division orld, 87

uch women uch women

from the the from

of of as as 86

CEU eTD Collection , Article 50 Article , 50 Proclamation of 2000, Federal Negarit Gazeta Extraordinary IssueNo. 1/2000, AddisAbaba, 2000 section , http://womenshistory.about.com/gi/dynamic/offsite.htm?site=http://lcweb.loc.gov/rr/frd/ 91 90 African very countriessphere of thewomen still role the in publicis minimal. the role of women, the change the to limited is domestic role of women. community association child concubines. The women measured role is of terms in of their home mana and wives multiple had thatmen instances in even husbands subordinate their to an private was between sphere and private public home. at be to believed was role their thus rulings and war participate in women example for war participation of women publicsphere in was not however ofcondemned. Attimes totally dichotomy. Saharan suffer Women subordinationand similar countries. publicand from are underrepresented womenabove, wasAs it mentioned historyEthiopian adds been Absence colonized. of comprehensive studi Therole because women’s Ethiopian history adimension has separate never has Ethiopia

Federal Negarit Gazeta of the Federal Democratic Republic of

21 rearing the to householdlimited chores Library of Congress Country Studies, the Role of women in Ethiopia, Ethiopia, in women of Role the Studies, Country Congress of Library

d publicdichotomy history Ethiopia, in shows thattraditionally Ethiopian governorsEthiopian had emperors andbeen forkings centuries. The . 90

T he majority of w he of majority up onthe complexity problem. up of the s. Even thoughs.

mostly drink, they food and provided were fully not

omen are not included as omen included are not also existed existed also

some legal reforms have been made in relation to relation in made been have reforms legal some only. A only. lthough it is hardlthough is trace it to the history of

in thein Ethiopia es on es

Ethiopia , The Revised Family Code Code Family Revised , The Ethiopia

the role

in Ethiopia like other- sub like Ethiopia in members of leaders of the the of leaders of members

where the role of women women of role the where s

of of

The dichotomyThe women in

women were were women 91 gement and and gement

Li allowed to ke other ke other private private the the CEU eTD Collection Democratic Republic of Ethiopia Constitution, 1 Constitution, Ethiopia of Republic Democratic 94 93 92 culture for everygroups. ethnic Ethnic intervention on familythe matters is still a huge problem. Ethiopia countrya is with State Ineffective parliament. in representation women of importance the in believe is still a problem all However, equal of women representation parliament in and the subordinationof women - Johnson Chancellor presidentPatil, of President Argentina, President Brazil, DilmaRousseff, ofAmong the president President others, manifested is by This changed world. the in at . women for favorable be to policy needs governhas andments organizations gained as women focus started to believe that national t Africa In criminal code still needsimprovement as regardsto their sexual freedom. Revised Ethiopia of Republic Democratic Federal the in made improvements The Incorporation and Representation, Nordiska Africanstitutite, Nordiska Representation, and Incorporation , Article 39 Article ,

titude on the role of women. The role of women in the public sphere has significantly the onthe in publicspheretitude role The ofwomen role women. has of

Geisler, Geisler, Ibid, Article 49 Article Ibid, The Federal DemocraticThe Republicof (FDRE) Federal Ethiopia of The House Representatives, peoples 22

Federalism system right. Theprovides unlimited currentdevelop constitution to Sirleaf, president of LiberiaSirleaf, of president world. pioneer women are somethe of in the of

Gisela, Gisela, he core of feminists claim which is the boundary of public and privateand sphere claim which the boundarypublic is of feminists core of he

Angela Merkel, Germany Chancellor and from Africa , President , Africa from and Chancellor Germany Merkel, Angela

Women and the Remaking of Politics in Southern Africa: Southern in ofPolitics the Remaking and Women

over the globe.In significant Ethiopia society numbers of the donot

94

Many of the cultures of these ethnic grouonly not ps st

yea 93

T few women politicianswomen inpower few inthe world Doris Leuthard, ofDoris Switzerland, president r No. 1AddisAbaba, 21 he society has been slowly changing its its changing slowly been has society he

( 2004) , Pp. 17

st

August, 1995

Negotiation 92

Autonomy, Autonomy, Pra

Ellen tibha

. CEU eTD Collection Social Social gender identities in public and sphere. gender private public in identities dichotomy the remake to rather It is spheres. private and In regards this family distinction, the role of the State intervention is crucial liberate womenfrom and increasingtheir subordination t leaders, be to entitled 97 96 Judith 95 Squires, result of the feminist’s a as changing been has ideology patriarchal early the beings, human of part as women of as a political ideology. Although, recent political theoriesexplicitly donot deny rights the and patriarchyimpl privatehasmentioned the section, emerged in public dichotomy attitude. society‘s the reflect practices cultural and religious because preserve patriarchy lesswomen wouldbe the in a position holdto political offices A studydemonstrates the that society more a religious has cultural or justificatio power between men and relationship women about the result ideology of patriarchal a is of women representation equal absence of In every history political of ideol notion the at all levels. For instance, in the majority community of associations women violate the rights also discourages but women decision of involvementin making women

Ibid, , Paxton 1.3.3. 23 Forces , Pp.91

Pamela

Patriarchy

, Vol.82, No.1, (

, the ,

Gender in Political Theory,Cambridge and Oxford Press, (

and Kunovich, Sheri , Sheri Kunovich, and

major

hard work. gender Therefore, continued analysis in the political herefore, efficient S efficient herefore, 2003

claim of ) , Pp.91

feminists is not is feminists erode to between the distinction public

W omen's Political Representation, Political omen's 96 tate intervention in the f

ogy is ogy 95 To redrawpublicand the linebetween

a fundamental melody.In general, a fundamental participation in thepublic affairs.

in a wayis sensitive that to .

1999) The Importance of Ideology , Pp.46 amily is crucial to 97

A s it wass it

are not not are icitly to ns

CEU eTD Collection  1.4 and Rwanda. Africa representatives has Ethiopia in beenother Africansuch lessthan as countries South women T rights. preventedfurtheringfrom has thealso West of poverty and I illiteracy eradication. governments have nation to committed been building and reconstruction of economy, because representation has been considered secondary declare Constitutions although ofIn the many remained particularAfrica, unequal. in be to than several men. to Howevernumberparliament due of has the women reasons in t understand may representatives women aresult as themselves parliament mayas role women models, serve have aof commonexperiences lot among need because represent to women theyidentity, sharesimilar women in representatives is appalling. Women representation is justified in several grounds.Inter alia, women problem everywhere the in world,of the situation - sub intervention at alllevels. Although equal of women representation parliament in a is Needless sayrepresentationparliament to under of requi women in 1.4 1.4 ideology. patriarchal practicaltheory with maycoupled changeand and philosophy legislations policies the

and public and raisings Awareness .2. .1. . Conclusion and Recommendations 24

Recommenda Conclusion

about women

representation tions tions

n addition, the public and private dichotomy emerged public and dichotomy private theaddition, n education education , participation in publicsphere, in of womenparticipation the issue about women representation women about

Saharan Africa Ethiopia including in the last few decades African African decades few last the in he needs of women better better women of needs he he number ofhe women number res all res - encompassing encompassing needs to be needs be to CEU eTD Collection  

given the to society their theories. of part as gender mainstream and analyze to need theories and ideologies Political this in calls domore documented uponto it and therefore is Ethiopia spherein the in public of women role The of history the 25

at large. large. at

regard .

not not well CEU eTD Collection of All onthe Elimination Convention 1966and Social and Rights(ICESCR) Cultural on Civil and Political Rights ( including of notion The rights. other human every society which is implicitly incorporatedin the rule the abstract, Although equality hard in is the define term it to 2.2. Equality the gaps of affirmative in Ethiopia action will be pin point and suchAfrica practices ascountries from South other The gaps . contexts al Africanthe South Constitution and Ethiopian with the major and issues arguments revolving around affirm women through representation and of men of affirmative action, and affirmative action measures to promote equal political generalproviding overview onequality, will it specifically be de affirmative representation political in women and men between been It has 2.1. Chapter

Introduction 26

inhibiting effective implementation of affirmativeaction in Ethiopia and good the Universal Declaration of Human Rights 1949, the International Convention Declaration Rights 1949,the of Human the Universal 2:

action is still facing long since long

Affirmative Action :

General Overview Overview General

adopting affirmative action to remedy gender the

ICCPR) 1966,theInternat major challenges all all challenges major equality exists

quota system. This chapter will also deal also deal chapter This will system. quota

in many internationallegal regimes over the

India analyze also be will has been called forhas been however called ed.

ional Covenant on Economic ional Covenant onEconomic

world. This chapter, upon world. This of law of ative action andative quota action in

equality is the ideal of of ideal the is equality alingwith meanings , human dignity and

inequality inequality d and , CEU eTD Collection 1997 Africa, 2200A, December 16, 1966 CAB/LEG/67/3 rev. 5, Force 21 I.L.M. into 58(1982), Entered the ground of sex. CharterPeoples' the onHumanprinciple and of non- Rights enshrines 102 101 100 99 98 indirectly onone anyone or more against groundsand among otherdiscrimination things, constitut the law”. andof benefits protection equal the to right Rights. P Section nine includes political representation at a national level. and the formulation and of implementation policy at national level and local States offorms all Discrimination of against( Women political spheres . are equalityWomen men and promote boundto women betweensocial in State parties Convention to onthe Elimination of allforms of Discrimination against OptionalProtocol. and its (CEDAW)1979 against Women forms of Discrimination against Women, Women, against Development Fund for Women, ( Women, for Fund Development Resolution rights, Political and Civil on Covenant International Assembly, General Nations United adopted June 27, 1981, Rights, OAU Doc. Peoples' and Human on Charter [Banjul] African

Convention on the Elimination of All f All of Elimination the on Convention Assembly, General Nations United Constitutional Law, Law, Constitutional Africa, South of Republic the Statutes of CEDAW and the Gender Dimensions of the HIV/Aids Pandemic, United ofandHIV/AidsGender the theNations Dimensions Pandemic, CEDAW Nations United , Chapter 2Bill of Rights, 18December, 1996, section 9 27

No. 108OF 1996 , Date of 19, Promulgation: 96 ofdate commencement 18December, February, : 4 obligationArticle under seven

the thatthe furtherion prohibits articularly, section nine ( 9) , reads as “everyone is equal before the law and has has and law the before equal is “everyone as reads , 9) ( nine section articularly,

of of 1989, Article 7 the South Africanprovi Constitution 99 101 In General its Recommendation, the Convention onthe Ellimina

2001)

, New York,Pp31

state should not unfairly discriminate directly and directly discriminate unfairly not state should encompasses all aspects public administration of

CEDAW

100 ,Oct. 21, 1986 2 Article ,

102 lause in its clause Bill of equality des

At regional a level, the African Under title the equality, of the

) Constituion of the Republic of South ofSouth Republic ofthe Constituion

ttee also noted that the the that noted also committee orms of Discrimination Discrimination of orms discrimination on

, cultural and and cultural , whi tion tion ch 98

CEU eTD Collection 1997 Africa, was a moral virtue in the form of justice. Aristotle. providedwas by conventional equality 108 107 106 105 104 103 who are thatthose presupposes equality definition further his thatAristotlein said theoryreaffirms existing the social inequalities and domination and different. or same treated be to order in difference or sameness rely Aristotledoes provide not a onthe thatreference fact or standard point for feminists.and attacked contemporary philosophers byseveral It fact in has acceptable. nomore is equality of defining understanding equality, his ways. different in equality of core the Theoretically, acommitted of haveportion their understand effort to many philosophers theprovidedwith definitions byearly the philos better term equality.In orderto constitution. provisionSimilar enshrined is under Article the Constitution. Ethiopian 25of the has prohibitedon the. been basisof sex Article 25 Article Federal Democratic Republic of Ethiopia Constitution, 1 Constitution, ofEthiopia Republic Democratic Federal

MacKinnon, Catharine ,

Ibid Ethica (J.L.Ackrill Nicomachea,113 Urmson §J.O. eds. §W.RossTrans section Ibid,

Constitutional Law, Law, Constitutional Africa, South of Republic the Statutes of , The Federal Democratic Republic of Ethiopia (FDRE) House RepresentativesRepublic Federal peoples Democratic(FDRE) The Ethiopia of Th , of 28 Chapter 2 Bill of Rights, Article 9 (3) 9 Article ofRights, Bill 2 Chapter No. 108OF 1996, Date of 19, Promulgation: 96 ofdate commencement 18December, February, : 4

104

Nevertheless, 9

Sex Equality, the Equality, Sex

all of the above legal regimes do not specifically define the the define specifically not do regimes legal above the of all

understand the notion of equality,understandnotion is the it worth starting

University of Michigan Law School , Michigan, ( Michigan, , School Law Michigan of University 105 103

Like treatment of likepersons of treatment Like

107

Although he basic has in done job the st 106 ophers.

year No. 1Addis Ababa, 21 Aristotle’s under

Constituion of the Republic of South ofSouth Republic ofthe Constituion , The 108

(1980)

Inthe Aristotle addition,

locus the of criticisms

standing of equality of standing subordination. , as a concept of of a concept as , st

August, 1995, 2007) , Pp.7 It is is It e

CEU eTD Collection Press, Great Britain, Great Press, ine 115 114 113 112 111 110 109 men. done support andpub lic liveis so to involvementin provided thattheir andget publiclife equalin long so men can need however, women as only involved them ofas of thoughtare createdsupporter men. thatwomen forth belief puts his Rousseau’s the“theme in then workschool , ontheof double birth“ subordination, as stated He discourse onthe origin inequality.the of in explained specifically was women and men is political. The first inequalityfor - Jean understanding Jean . and women men between patriarchy and inequality reinforces and perpetuate would it systems, legal many the Aristot MacKinnon, According to alt equal not are and differently society the within treated wordsequally slaves are treated each with other. only like. treated be can like are who whereas those treated unlike unlike could be Ibid Ibid, Pp.7

quality between men and women.quality between men

Rousseau Jean , Jacques , Ibid Ibid, Pp.11 Gatens, Scott, Scott, 29 - Jacques Rousseau hadapproach, a about different equality. understanding His in Pp.356 , , Pp.49

Jean Wallach, Only Of to Paradoxes

Moria, Moria, 111 that the

equality typesfocused onidentifying the in society two of inequalities . Accordingly, Jean Jean Accordingly, Feminism and philosophy, perspectives on Difference and Equality, Indiana University University Indiana Equality, and Difference on perspectives philosophy, and Feminism

it is a natural fate that women fate anatural is it ( 1991)

location of women’s sex organ of women’sand power her location sex determines , Pp.13 , London , Sons and Dent Emile 110

Jacques Rousseau is natural inequality whereasJacques Rousseau is the second

- Jacques Rousseau believed that there is natural natural is there that believed Rousseau Jacques 112 fer, French Feminists and the R the and Feminists French fer, elian approach, although have been followed by followed been although have by approach, elian

se Per are created to be subordinate to men. to created be to are subordinate his notion of naturalnotion inequality his between

1972 ) Therefore, Lordsslaves and are ,

hough beings. are human both Pp. 114 356

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Ibid, Pp.18 MacKinnon, Catharine, Sex Equality, the University of Michigan Law School , Michigan, ( Michigan, , School Law Michigan of University the Equality, Sex Catharine, MacKinnon, Ibid, Pp.18 30

to to 119 also in also has jurisprudence contemporary The

Feminists further help men help The of notion

even if even 117 properties properties arenatural simply moving women Rousseau . According to . Rousseau’s concept of equality is most criticized byfeminists.

to men by virtue of social contract, social of men byvirtue to its definition may vary depending on the understanding of its its of the understanding on depending may definition vary its

of society h society of quality of

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aving diffe maintained byhuman beings Rousseau, recognized that formal equality is not not is equality formal that recognized and both r equal worth as human beings. as equal human worth r

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CEU eTD Collection Part II June 21, 1984. Amended bythe ConstitutionAmendment, 1993 [New Brunswick], SI/93- forceApril 17, 1982. Amended byConstitution the Amendment Proclamation, 1983, SI/84- Democratic Republic of Ethiopia Constitution, 1 Constitution, Ethiopia of Republic Democratic 121 120 A of equality. view a broader provides equality formal equalityunlike Substantive EqualitySubstantive onanyfinedground. as nondiscrimination de can be formalBothconstitutions provide equality.equality of the theformal notion Therefore, orbirth other status.” other sociallanguage, origin, sex, or political colour, other opinion, religion, property, nationality, race, or grou nation, of on discrimination nds effective without protection protectionIn of the law. respect, this the law guarantee shall equal allpersons and to anythe to equal without the are entitleddiscrimination law and equal persons before are The Constitution Ethiopian Article 25consists of a pr similar disability physical or age mental sex, or colour, religion, ethnic origin, orrace, national dis without equal of benefit the law protecti equal to rights has the and the law under equaland is before individual that: section 15states its in Freedoms and the Rights The on Charter Canadian Formal Equality equally. treated be

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.

120

121

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Ibid, Para.3 Ibid, Para.3 Ibid, President of the Republic of SouthAfrica andAnother v Hugo (CCT11/96) [1997] ZACC4; 1997 (6) , Charter the in rights Equality Our Stat section 9(2) 32 utes of the Republic of South Africa, Africa, South of Republic the of utes No. 108OF 1996, Date of 19, Promulgation: 96 ofdate commencement 18December, February, : 4

124

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. 123 be be Constitutional Law, Law, Constitutional entertain substantive the President’sthe executive claimed that a number

viewed as viewed . unfair discrimination 126

synonym for affirmative action The unfair discrimination Constituion of the Republic of South South of Republic the of Constituion

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CEU eTD Collection SA. October 1997, 132 131 130 129 128 127 the jurisdictions. Court T The been or either term equalitythe sufficientlyconstitution hasin Ethiopian not defined agovernment breach and8(1) justified measure doesof is amount not section differentiation and the legitimate government interest has a rational connection of sectionviolation 8(1)Interim of the Cons between legitimatethe government interest andthe differentiation, government purpose. and the legitimate needsquestion be to whether there a is rational connection between people Harksen of case by The of substantive notion equality also explained was Bill of Rights onsubstantiveequality. of Court Constitutional South Africagaveinterpretation of further section nine (9) of the the on the basisof sex, court upheld presidentialthe act and thatsaid while the act is prima faciediscriminatory women be to to needed were women that claimed Jeanetter Ibid, Para. 53 Ibid, Para. 53 Ibid, Para. 53 Ibid, Para. 53 3 Para. Ibid, 33

in any measure or governmental action governmental or measure any in

HarksenLane V.

released however however released Para. 42

as follows as

discrimination wasdiscrimination not No & others cct T9/97 (1997) 2Acc 12: 1997 (11) BcLR 1489, 1998 (1) he he ,

“is Ethiopian equality Ethiopian men

there differentiation between differentiation there take care of their children their of care take

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130 However, if there is no rational connection rational no is there if However, ? ” 129 titution

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the the

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the reason for for reason the and thatis people or categories of of categories or people on the other hand the ’ . 128 be an be the the

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Western,

Ibid, , Pp.26

Rees, Ter effort effort 34 these philosophers have successfully advocating been

Peter that feminists’that esa

135 133

, The Empty Idea of Equality , Mainstreaming Equality in the European Union, Education, training and Labor Market Market Labor and training Education, Union, European the in Equality Mainstreaming , As a matter of fact, even in places where affirmative action measures measures action affirmative where places in even fact, of amatter As

T he approach used by South Africa in defining and application application Africa defining usedofhe in and bySouth approach aissez fair labor market be it in politics or employment

made on made

( 1988)

lusion of women in the market and she was one of the the of was one she and the in market women of lusion

focused onthe equality use .They governments policies 134

prominent and prominent the as ted Pp.29 ,equality rights not has attained its desired results equal opportunity and equal treatment of women as as of treatment women equal equal and opportunity ,

Harv ard ard , L aw aw In t In , Review, Vol. his regard his

pioneer one. pioneer , feminists’ for increasing for

95, 1882,Pp. 537 Despite the fact fact the Despite

role is worth women women

CEU eTD Collection 2. affirmative action in a different way. One of the definitions given to affirmative action in society. aff of definition The Affirmative a is concept action designed realize to justice is, it is also crucial tobegin with defining whataffirmative action means. political representation whatIn quota understand order to anyor .Therefore, sector other the purpose setaction, for major one measures affirmative quota of befor the it used is Inrealize orderintertwined concepts. and to Affirmative action are interrelated and quota the subordinationof women. hier these remedy to a solution as , quota of way by it adopted have systems S and women. between men hierarchies and societal inequality thewith existing away do to bymany has believed been controversies of althoughfull Affirmative action, 2. affirmativeaction. and controversiesdeals theThe with definition sections following and believing in women. in affirmative action (substantive equality) is the controversy in adopting affirmative action argue can One recognized. Africa. However,bringing ofin the feminists, role the out current be changes should South and Sweden Rwanda such as parliaments, in representation equality between achievedhave few whofrom goapart countries to way a long has representation permitted,is equality between men and women publicsphere in ,specifically political 4 4 .1. Definition and Debates of Affirmative Action Affirmative of Debates and .1. Definition .

Affirmative Action ( Substantive Equality) Equality) Substantive ( Action Affirmative 35

that one of the major problems which inhibits the effectiveness of

irmative action is controversial. Different people understandaction controversial. Different is irmative people

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a mechanism to compensate t compensate to amechanism

Bacci, Carol , Bacci, Bacchi, 36

Carol. Carol. phasis needs to be to givenphasis needs advantages the to existing men and the of Edited by Dahlerup , Drude , the politics of Affirmative Action, Women Equality & Category, Politics, (1996), PP.x (1996), Politics, & Category, Equality Action, Women ofAffirmative the politics

is a generic term for programmes which take some kind of initiative initiative of kind programmessome ageneric for is take which term

rights 136

.

action has also been enshrined Article under also been action Four has

It It 137

he disadvantaged groupshe disadvantaged a in society. states

“ in order to promote the achievement of promote equality the , achievement orderto in Women, Quotas and Politics, Pp.35 Politics, and Quotas Women,

one of the subjects of debate a at r Article four

. four (4) four During meeting this the n from political life or in

rent disadvantages of rent disadvantagesof of Convention ontheof Convention

(1) is subject to

(4) of the of (4) ) CEU eTD Collection 1997 Africa, (1990), PP.193- 141 140 139 138 bri or injustice increase basis of merit representationpolitical cannot be taken violating without equality the principles of onthe It a is good approach start to from the premise that affirmative action measures for cooperation.” development capacities andof and individual exercise communication collectiveand refer alsoconditions to but only not necessarythe distribution, institutional to the for power distributed not is on the basisof equality, result it Justice in this context is referred distribution to as of political power equal on basis andif following arguments normative and culturalrealities of the socie the principleHowever ofoverlooks denies equality. and approach the the to extent this against is affirmative action that believes advocates who equality liberal proponents of Affirmativeaction beenhas and still facing major c be taken.”persons, would discrimination disadvantaged byunfair of categories or persons advance or protect to designed measures other and legislative Pp.39 2.

4

Young, Iris Marison Justice and Young, the Prenecton: Iris Justice Difference. Marison Preneston Poitics of Univers ,

Constitutional Law, Law, Constitutional Africa, South of Republic the Statutes of Young, Young, Ibid , .2. Justice 37

section section No. 108OF 1996, Date of 19, Promulgation: 96 ofdate commencement 18December, February, : 4

, Pp.39

Iris

9 (2) 201 140

, Justice and the Politics of Difference, Princeton University, Press, New Jersey, Politics Difference, of Princeton the Justice, and

141

. For

are presented below. below. presented are

many people affirmative action ng about reverse discrimination. Ing Iris about reverse of discrimination. supportthe view Young

ty. 139

In respect, among this others, the

hallenges and resistance from the the from resistance and hallenges is considered as a mechanism to to mechanism a as considered is

Constituion of the Republic of South ofSouth Republic ofthe Constituion s in injustice. “ 138

Justice should ity Press, Press, ity

1990

CEU eTD Collection 145 144 143 142 understood as dojustice. to positive discrimination or preferential treatment rather affirmativeaction needs to be understoodalso arguesaffirmative asBacci be action not Irish should Yong, Carolthat includingevery influence. share political influencedimension in to opportunity well as complex pattern of hidden barriers still precludes womenfromgetting their fair as discrimination explicit that fact the on lies challenge The removed. are barriers formal librated fromHowever domination. equality necessarily not bec does just exist thatequalpremise is argument opportunity of this are can achieved women once be treatment formal presupposes justice grounds their themembership of ofkinds ethnicityon preferential favor practiceof womenordifferent that to women members group as a prejudice and disadvantage against therefore womenused is and it conscious to unconsciou is there that assumes treatment preferential that assumption an In this, with the controversy light can be settled if we understand affirmative action with bett non discrimination. awith huge howreconcile to the debateas with to discrimination positive principles of discrimination beca instead of beoppression theshould understoodperspectiveand from ofdomination about how affirmative needs be action to understood. Affirmative action according her to Pp.197

Dahlerup, Carol Bacci, editedCarol Bacci, by Dahlerup, Drude Women, and quotas Politics,35 Pp.

er to admit that affirmative action involves discrimination and start from that premise. Ibid, 195 Pp. 38

Young, Iris, Justice and the Politics of Difference, Princeton: Princeton Princeton: Difference, of the Politics and Justice Iris, Young,

Drude

,

Women in Parliament Beyond Numbers, International IDEA, International Numbers, Beyond Parliament in Women 142 affirmative if use action is understood as discrimination, it leaves us

Instead of focusing on discrimination and try to justify that, it is 145

as opposed the to notion of equality result. The of 143 . This concept of distributi conceptof. This

University Pres University

( 1998) , PP 95 , PP s biass , s, 144 -

108 ( on of As As 1990 ause ause

) CEU eTD Collection Princeton University Press, New Jersey, (1977), Jersey, New Press, University Princeton at present and therefore, they are victims of injustice. of they therefore, are victims at and present instances some in and past the in made policy the of results the as suffered have excluded action although affirmative mentioned, As make. scholars of the some themention assertion helpful is to it elaboratepoint historicallyexcluded.Tothose better whobeen this have statu keeping other defended hand is affirmativegrounds. action action at aims onseveral Affirmative 149 148 147 146 gender approach. blind also but representation men political in and women onlynot inequalityof perpetuates of opportunitydistribution represent political in Givenopportunity the or opportunity treatment equal and equal treatment. imbalances, change to fruit new the for changed be the injustices fruit of made to andbeing therefore, made tree , the needs compensate. to compensated members whereas of the the groupwho have benefited need injustice from members of the groupwho have suffered for injustice lack of opportunitie the oneseven whothe did injustice they though are not groups andareexcluded have systems policy injustice theof been beneficiary thatthe of level. atof a the larger society subordinates the to benefit therights individual’s argumentsOne ofmajor the other

I Ibid, Pp.IX Ibid, Pp.IX

bid, Pp. IX Cohen, Marshal Cohen, 39

is condemned on the basis of individual benefit, to begin with women formerlywomen begin to with the benefit, basisof individual condemnedon is

provisions based provisions quothroughs opportunity

149

I n short the existing inequalityn shortthe existing andopportunities unequal of treatment is

, Nagel Thoma Nagel ,

-

injustice to justice. If not injustice continues to produce unequal If continues injustice produce unequal to justice. to injustice not

Equality and Preferential Treatment, EqualityPreferential Treatment, and , Thomas Scanlon, and s, raised as raised

Pp. VIII

part of justice, of part

ation to allgroupsation to a in society wouldbe 147 148 on a number of assumptions, for a assumptions, number of on

. A O

on affirmative n the other hand members handof n the other s as consequence natural ,the

action is that it s needs be to 146

On

the the

CEU eTD Collection 196 153 152 151 150 Ethiopia is a country ethnic with federalism system with more than 80different ethnic 2. structure them. supports and thatfavors of shuffle and liberated ask compete to to with others who have been a in system and ye for who person a take to impossible is it example For blacks have undergone though suffering and are still and prejudice. biases from cultural or minorities such asethnic women thatcertainbecause fact groups disapproves or it the the fact approach women thatthis bringsand subordinationand perpetuates oppression arethe works those positions require. deemedto for performing greatestaptitude and qualified skill themost with backgroundand those to onthe basisof their positions rewardsbe for andor assessed qualified need principle competition to fair becauseaction individuals subverts the andin interferes Forthat opportunityaffirmative embeddedonthe basisof is those merit, who believe democratica society liberal labor in of subordinateand division grounded on superior merit of posit The second argument affirmative condemns onthe ground action thatrewards and 2. PP.34

5 4

Bacchi,

. Brief Background. Brief of Ethiopia .3. Merit Ibid, PP.201 Ibid, Pp.200 ions whether in the political arena or other sphere should be distributed on the biases onthe distributed biases arenabe whetherpolitical sphereshould ions or other the in on Princet Princeton: Difference, of Politics the and Justice , Iris Young, 40

150

. According to Iris merit is legitimacy of . According hand Young, onthe the other to Carol , , Carol

The politics of Affirmative Action, Women, Equality & Category Politics, Category & Equality Women, Action, Affirmative of politics The

153

152

The fallacy on this argument lies on ars has been tied with the chains chains the with tied been has ars University Press, University

educational educational

(1990), pp.(1990),

(1996) 151 . CEU eTD Collection 154 andeconomic social public in as political, well as life and private institutions” enable men to as so equality them in of with compete onthe to basis andparticipate measu affirmative to entitled legacy,are this remedy to order in women, taken account, into “ A and the 1993Nationalconstitution policy. Women’s 1995 of the the with issuance Ethiopia adopted beenAffirmativeaction in has Constitution 2. hand women onone representation of and of participation political situation improveto the women in Ethiopia. It is a great challenge to reconcile the commitment of the constitution do Associations also gatherings.community Those traditional those for representatives as elected not are women them of any in where Ethiopia each stateits own Community has Based Associations all cultural in settings In bordinateculture su exploitative state. women and a nation andputs in nationalities Ethiopian the of all Almost group. a as culture their exercise and develop to state each groups their with own culture. Article 39of the constitution gives power unlimited to Article 25 Article Federal Democratic Republic of Ethiopia Constitution, 1 Constitution, ofEthiopia Republic Democratic Federal The historical legacy of inequalityanddiscrimination legacy suffered byThe historical women Ethiopia of in ffirmative

6

. Affirmative Action under the Ethiopian and South African African South and Ethiopian the under Action Affirmative . 154 41 The Federal RepublicDemocratic HouseThe (FDRE) P Ethiopia of res. The purpose of such measures be provideres. to women Thepurposeshall to of special attention and maintain,keep to andstate’s onthe develop other culture hand.

action enshrined under Article enshrined theaction constitution 35 Ethiopian which provides

st

year No. 1Addis Ababa, 21 reinforce the subordinate position of position reinforce subordinate the

eopl es Representatives , The

st

August, 1995,

CEU eTD Collection PP.x 1997 Africa, 157 156 155 and of reverseraisedgrounds affirmative discrimination action against onthe African a ont South put to stop can Constitution beas a taken solution guarantee. a equality as way to equality promote equality. to equality actionexception enshrined rather is than an Affirmative as ato tool just as considered is discrimination, unfair ,albeit group certain a general for in society the of advantage greater the for taken are that Measure manner. general treatment promoteaction to equalitya the ideal orhas affirmativebeenof in provided unfair discrimination may be taken quality, promoting of purpose for the that 9states equality. Article of promoting effort to Under Africanaffirmativee th Constitution, South action enshrined is as part of the be a setback to practical implementation of affirmative action. could also which controversies and debates of alot raises action affirmative for abase as of as multiplicity women and perpetrated women towards and domination present operation there blatant is whereas operation nopresent is thatthere assuming The seems provision failsprovision addressto the present operation andthat domination women suffer from. presupposes the past as well as present operation and prejudice. action affirmative defined been has it As of. consist to needs action affirmative In ligh

identity.It could bealso argued that, the fact that the term discrimination is employed

MacKinnon, Catharine MacKinnon, Constitutional Law, Law, Constitutional Africa, South of Republic the Statutes of

, Article 9(2) Article ,

42 , the P the Carol , Bacchi, No. 108OF 1996 , Date of 19, Promulgation: 96 ofdate commencement 18December, February, : 4 definition, above of the t

, Sex Sex olitics of Affirmative Action, Women Equality & Category, Politics, ( Politics, Category, & Equality Women Action, Affirmative of olitics Pp.41 2007, Michigan, , School Law Michigan of University the Equality,

the Ethiopian approach lacks a number of elements that elements of a number lacksthe approach Ethiopian 156 in in the South African preferentia Constitution, 157

T he approach taken by the framers of of framers the by taken approach he

Constituion of the Republic of South ofSouth Republic ofthe Constituion

155 he controversies

However, this ), 1996),

and l

CEU eTD Collection February, 1997, Africa, 160 159 158 Ibid, Pp.41 constitution does not provide clear limitation cultural on rightscase in itcontradicts the The details of the constitution? under limitatenshrined rights ofion cultural incorporated Code. Can the Criminal criminal under code be provisions considered as order to eliminate harmfultraditional practices, only few harmful traditional practices are Althougheffect Ethiopia? in c the What wouldbeprecedes Africanthe culturalConstitution. South over under rights the Constitution. inconsistent are that a manner in exercised Itsolved under African the South stated is thatthe cultural Constitution. rights cannot be subordination of women. The between tension women rights however and is culture almos asEthiopia mentioned, Forwomen. in instance religion and their speak languages. of cultural It rights. that everyone provides Like Africanthe South the Constitution, Ethiopian also Constitution opportunity. manifestation for effectiveness the the of Constitution in guaranteeingequality of witnesses and Africa are the living South women in number parliamentarian of model of legal regimesto achieve equality opportunity of andtreatment. A justice.

Ibid, Article 31(2) Constitutional Law, Law, Constitutional Africa, South of Republic the Statutes of 43 No. 108OF 1996 , Date of Promulgation: 18December, 19, 96 158

O

ne can thatthe Southassert safely African one is Constitution of the best

160 Section 31(1)

E quality,including affirmativeaction or fair discrimination therefore,

onstitution providestakes thatgovernment action in onstitution 159 I n most cases, cultural rights violate the rights of

with the Bill of Rightsunder enshrined with the has the right to practice his/her culture, t all cultural practices reinforces the

Constituion of the Republic of South ofSouth Republic ofthe Constituion ,D ate of commencement : 4 provides guarantee provides s such, the the such, s CEU eTD Collection America, , 162 161 justice, Like also quotacondemned is affirmative action onseveralgroundssuch as merit, 2. role. crucial a plays one African promote equality men and women, between clear provisions constitutional like the South It effectively to be subordination. can order arguedperpetuation thatin women of clear addsabsence the provision upto ofParticularly Ethiopia, in also created about affirmative action among world third feminists. and in an attempt to affirm the validity of western feminism. ar that practices the of description the in revealing or their in third worldare victims of these dilemma between defending misrepresentation the of or ethnicity and protection of their rights for culture collides with feminism. choosing betweena the dilemmaof faced with religion are these andto cultures belonging women some countries in show that general. Studies women in the of rights setbacks of the major one as Culture seen been has the Constitution? if it requestedis onthe grounds of cultural rights thatviolates the rights of women under secession beprohibit to it possible If consideredwould as true,human thatwould rights ? action to eliminate harmful traditional practices considered be generala as limitation to with women rights. Can the constitutional provision which stipulates that State takes

7

Ibid, Pp.71 African Gender Studies, Reader Edited by Oyeronke Oyewumi, United , Palgrave States Macmillan of .

Quota System 44

reverse discrimination etc. those women who are in favor of quota argue on the the quota argue on favor of who are in women etc. discrimination reverse those ( ). 2005).

Pp.71

e deemed to be disreputablee deemedto 162 A existing challenge and and challenge existing

s a result division is

to implementing 161

F ir culture ir eminists CEU eTD Collection 169 168 167 166 165 164 163 action, allwomen not including supportquota. feminists of allpopulation. givengovernmentas reflect ato the needs voices merit as considered be can gender the inaway that quotas employment from different is representation political because representation political to comes it when defended easily opportunity equality. achieve to process or means aff Unlike system. electoral the under placed are of women in parliamentby way affirmative of action. makers andwithinIn feminists. particular electoral quota aims increasing at number the society. the of segments elites such as lawyers and political scientists, the representation fails address to other each of for representation. political ofhave merit becausedoes necessarily not narrowlyinterpreted definition work the argue thatopportunity representation political for needs be to given onthe basisof merit, same grounds as women thatofSome further affirmativeargue persons action. who those London and NewYork ,

Ibid, Pp34 Carol E Bacci, Ibid, Pp. 34 Ibid, Pp.34 I Ibid, Pp.34

bid, Pp.33 Bacch, 45

group’s

irmative action which aimsequality at in terms of results, quota is used a as Carol E Carol 168

A Dahlerup , bydited Dahlerup

societyincluding, literate and illiterate.If political representatives are dited by Dahlerup, Drude lthoughquota is also subject controversy, to itis asserted that itis

( 2006) 164 , Pp.33

163 Q

uota is auota is also subject debate to policy among scholars, P

Drude olitical representatives need to consti to need representatives olitical , 166 167 Women, Quotas and Politics, (2006), Politics, and Women, Quotas

, In other words Quotas and Politics, Rutledge Tailor Franchise Group, Group, Franchise RutledgeTailor Politics, and Quotas , quota 165

I n some legal systems quotas systems n some legal Both quota and affirmative

is is taken as taken 169 Pp.34 tutive the members

Lik

a

e affirmative e affirmative synonym for synonym

CEU eTD Collection Article 1 Article mechanism or a way toimplement affirmativeaction. political commitment that governments or political parties declare while quota is a act affirmative that fact the on relies action affirmative and quota between 172 171 :97,Section, Africa, Law, Constitutional Africa, South of Republic ofthe 170 Statutes quotas for women as parliamentary the is This representatives. commonmost form of The form third of thatpolitical quota methodis parties may their have own informal representation. number of women.system This works to legal systems that proportionate have could be there Secondly subjectwhich easy not to is amendment. constitution of at the the oflevel system established quota theis apportionment because effective quota This system than is constitution. enshrined their under partyIndiaruling beThequotawill boundbyit. system the party including methodof is subjectivityand promotesIn transparency.as it a is centralized addition statute, each representation. the proportional of 50% up make must women that prescribes statute instance For representatives. elected centralized of presence the is method There of quota syst are different methods 2. representation. women increase and promote to designed are action

7

.1. Dahlerup,

46 The Constit The No. 108OF 1996 Date, of 19, Promulgation: 96 ofdate commencement 18December, February : 4

Methods of quota system quota of Methods

- 6

9(2)

Drude

ution Seventy Fourth Amendment A Amendment Fourth Seventy ution , Women in Parliament, B in Parliament, Women ,

a statute on election that requires each party to recruit a certain acertain recruit to party each requires that election on a statute

171 . This method is preferable because it av it because preferable is method This .

statute that 172 eyond ( Numbers, IDEA, , International

The first first The below: presented are they and em ct,

The Indian Constituion Constituion Indian The prescribes number of the minimum

Constituion of the Republic of South South of Republic the of Constituion

( 1992) 170

Pp.98 1998) T

he difference difference he , Section 243T, the statutory ion is a is ion oids oids CEU eTD Collection 174 173 possibility enforce to This situation of it. voluntary Ethiopia in system has left the mechanism to implement is, the quot nostrong is there itself. However if problem by a not is voluntaryquota system Democraticquota hasFront. introducedseat for candidates. Having This 30% a women introduced bythe party majority the in parliament i.e. Ethiopian Liberationpeople place in Ratheris thatvoluntary is representation what quotas. though quota proclamation is bethose groups will represented their number, of the basis on House lower according the to minority consideredbe to is affirmative the to minorityethnic action Where groupsEthiopia. in a certain ethnic group nor by statute. The a Constitution In thereEthiopia the under men.quota basiswith neither is eligible onequal election for takeNation should States appropriate ensure measures to and be to thatwomen votes International legalInstruments includ gender equalityamong though other action.a things, is Ethiopia party affirmative to provision This Constitution. declares of the constitution the commitment promote to action affirmative aforementioned, As quotaAfrica system. form of this uses mechanism to Proclamation, No Proclamation, the 2.

7 Election Laws of FDR Ethiopia ofFDR Laws Election Federal Democratic Republicof Ethiopia House Peoples Representative of .2. Ibid 47

Quota Systemin Ethiopia and South Africa , Article 1 Article ,

increase the participation of women in political arena for instance for South arena political in women participationincrease of the . 438/2005

- totally silent about thebe measures thatshould takentotally bring to silent women 6

, Article 15(3) Article , proclamation, NO. 111/199 proclamation, ,

by additionalby 20 seats in the parliament.

173 ing Article CEDAW. 7 of CEDAW reiterates that

a system can be easily curtailed as there is no no is there as curtailed easily be can a system . Ethiopia also. Ethiopia use is enshrinedis under Articlethe Ethiopian 35 of Electoral Proclamation No. 111 No. Proclamation Electoral With A With s this methodof quotes system. this s mendmentsmade by

Consolidated Version of 174

H

incorporates owever

system system , the the

CEU eTD Collection

Summary R Summary December, 1998 177 176 175 ground beenby Electionethnic the minoritybrought into the which has Proclamation. women, enshrinedfor is although the constitution underaction the affirmative parliament. in increased women representation voluntarily recruits women bywayofthere quota, willway not a be to implement Ethiopia follows the simple majority representation successes. present for the major tool as the sited representation be can African Congress (ANC) National which30% quotaincrease adopted to women countryinitial demonstrates CEDAW report that on the representation of womenadvancement contribute the to One sure that the women representatives areevenly listed in their list of representatives Local Government Municipal Structure Act, mention ithas follows Africa canargued thatalthoughSouth be number of women South in African Parliamentby is greater far thatof It Ethiopia. Infact, the subject easy government systemto and nominal abuse. 30% is quotas 30% quotaworksthis system clear not is In it addition, effectiveness as whether to controversial. system of the quota

Ibid, Ibid,

Republic of South africa, LocalSouth G Republic of africa, General Assembly, Assembly, General 48 can also argue that proportional representation system proportional representation also arguecan that the

,Article 11(3) 11(3) ,Article the South women’sto rightaffirmative action not strongly is implemented unlike the

eport of 387 ,Article 11(3) 11(3) ,Article African quota system is also voluntary th

Convention on the Elimination Elimination the on Convention Meeting, I Meeting,

nitial R forFederal, Regional or at all levels. thisThus shows that overnment Municipal structure Act , CAPE , Act TOWN. , No. 19614,structure 18 Municipal overnment eport of SouthAfrica, 1998, Para. 8 Therefore, Ethiopia in of All forms of Discrimination Against women, women, Against Discrimination of forms All of

voluntary quota system, under the undervoluntary the quota system, system therefore, system 176 .

In ed that each party must make make must party each that ed

majority political party, the quota system. However quota system. the

addition, the South African theaddition, South

South Africa has can can has Africa South

ethnic minority and

one can argue that that argue can one

unless the party

177

Whereas Whereas

175 . CEU eTD Collection easily is result, abuse. it to susceptible a As interpretation. subject different is to and system partyquota The is system Ethiopian countries use. different effectmethod of and that quotas system this are therea to s number of method good be a also there must system, quotas of onthe basis women In nominate orderto easily theelectrepresentatives, controversycan opportunityhave settled. their be to still and people nominate to candidates only used is quotas system election. since However, the elect fact to be a in position principle thatpeople this should and against quota is implement it. Like affirmative action, quotas system is subject to criticism on the basis of declarationrealize to is gender of be commitment equality, quotashould used system to subject to different controversy from merit and justice perspective.affirmative As action Constitution looks at affirmative action from discrimination perspective and this is In the addition, present takedomination. not account and into domination does However focusedequalityoppression is and the Constitution onpast Ethiopia. in envisag effective functioning of affirmative action. The Federal Democratic Republic of Ethiopia perspective andhelps domination settle the to debates of oppression that the inhibit criticisms on arguments representation Affirmativeaction and subject ofa is to women. number of Affirmative action is a mechanism designed to bring about increased political 2. 2. 8 8 .1 Conclusion .1 Conclusion . 49 Conclusion and

es thataffirmative action measures be will taken order in bring to about gender

the basis justice of and merit. U

Recommendation nderstanding affirmativeaction

from the the from CEU eTD Collection system. quota of use and effective assembly to use affirmativeaction to increase political the representation women of in legislative order in taken be following to I measures recommend the conclusion, above Based onthe 2. lodgeneedsiduals Ethiopia indiv adopt to it. complaints, to order encourages Although with CEDAW its suchone asneeds the mentioned solve bethe orderto arise to issues in reframed Therefore, system Ethiopian action courts. casesappear the in courts before the where the controversiesidentifying have about persons who standings ordiscrimination exclusion and approach compensation that.This an for puts end t also about past mention not one does African the South the Constitution, Ethiopian Unlike opportunity. womenwhere enjoy can equalityandenvironment andof create men give to dojus not to is is ratheraffirmative opportunity action past disadvantagedto for which it set the understanding basedpurpose Africanis of onthe South Constitution, mecha African Constitution South the hand On the other 8 .2. Recommendations .2. Recommendations 50 nism to promote equality.of affirmative action, promotewording to according the The to nism

 

avoid confusion. In addition, as the optional protocol to CEDAW helps CEDAW protocol optional to In the as addition, avoid confusion.

discrimination to domination andfor incorporating domination oppression, to and discrimination measures that a good action law of affirmative consists such as changing the The of Ethiopia Constitution be should amended as so include to allelements quotas. of implementation effective the to obstacle create debates The controversy action and affirmative quota over systemas be should solved countries to promote equality, its wording needs also to be clear enough in bealso in to clear enough promote wording equality,needs its to countries

Committee is one of the major legal instruments which

provides affirmative action as a a as action affirmative provides

to enforce affirmative affirmative enforce to

s. s.

word word tice tice o CEU eTD Collection

51



present instead domination in parliament South African majority partycommitment to increasing women representation Indian or like provision Constitution The quotas Ethiopian system needs be to backed upby Constitutional

of focusing on the past oppression only. of focusing onthe past

Ethiopia hasEthiopia take to the the experience of

CEU eTD Collection (CEDAW), Beijing Platform for Action and Millenniumthe development Goal ( MDGs) The onthe Convention Elimination of A 3.2. International and Regional Legal and Institutional Frameworks empowering women to increase their participation in the parliament and politics at large. Ministry Affairs, of other Women governmental and organiza organizations Civic Level Regional politics, the Beijing Declaration, Millenniumthe Developmentgoa forms of Convention Discriminationagainst Women, onthe Participatio inn of Women parties at a national level, the UN Committee onthe on Convention the Elimination of all Interalia, specifically chapterthis will dealing be with contributionsthe that the political representation that experiences African regards, thethis South instruments and institutions This chapter will be dealing community NGOsgovernmental institutions, are and some. organs, tre crucial to enhance women representation, multilateral and bilateral international legal institutions to implement those laws. Among many international legal regimes that are representationWomen requiresand binding partisan both laws and nonpartisan 3.1. Introduction aties bilateral , andmultilateral agencies, local community organizations, based 52 Chapter

will be will presented.

African Union onHuman andAfrican People Rights and at country level 3:

The Role Legal of

and their with these international , regionalnational legal and

roles in bringing women in to political power. In power. womenpolitical bringing to in in roles

and and ll forms of Discrimination against Women Institutional Frameworks

may help enhancing women enhancing may help

ls, and at the at the and ls, tions in in tions

the the

CEU eTD Collection against Women, 1989, Article 2and 3 179 178 requiring the through rights of women advancement governments measure onthe take to without saying that international legal instruments play an important role in pushing Itconvention and goes are requiredpromote to participation. gender equalitypolitical in government;” allpublicfunctionsthereof atand publicoffice alllevels hold and to of perform policyandgovernment the implementation formulation(b) of Tothe participate in all publicly elected bodies; to election for eligible be to and referenda andpublic elections all in vote To (a) terms with men, the right: andpolitical publiclife of the country and, particular, ensure in shall women, to onequal shall take all appropriate measures to eliminate discrimination against women in the administrative actions. conventio guaranteen to guidelines role concluding providing in remarks, The Committee important CEDAW also plays an reports submit onvariousto aspects of women rights participation. including political are GovernmentsCEDAW, bound duty of 18 Article According to it. adopted ratified and (CEDAW) issuedWomen 1979is in Needless onthe Elimination say, to convention of forms All of Discriminationagainst alia theere. in publicsph onwomen participation towards,work inter and governments NGOs thatdriveto areall international instruments

Ibid, Article 7 Article Ibid, General Assembly, General 53

, and 179

Both South African Both and South governments Ethiopian states the to are party general recommendations. CEDAW requires state requires CEDAW recommendations. general

United Nations Convention on the Elimination of All forms of Discrimination Discrimination of forms All of Elimination the on Convention Nations United 178

women Article seven of the Convention further states “ States Parties Parties States “ states further Convention the of seven Article

equality in political participation

a binding document the to countries thathave

, in laws

parties to the , policies and CEU eTD Collection States P States W against Discrimination of Forms All of Elimination 180 yet. Therefore,although the role of CEDAW is crucial, it is only limited to obligating the sons rea unclear for However remedies. victimsindividual of human rights violations remedies to providing in importance paramount of is a Women Discrimination against regard, theP optional Inrights. this of of violations remedy victims individuals protocolsoptional donot shamingeffects, international legal instruments apart hasProtocol entered force into 2006. in exaggeration, Without 2005and in the CEDAW to Protocol the ratified Optional whereas Africa has South It is also worth noting that Ethiopia parliamentarians. Fede the by taken measures major political role is left to the parliamentarians. Therefore, the affirmative action at large,state women governmental empowerment the contribute employees towards The people. the by elected women participation in Federalthe structure. to increase measures affirmative out has carried Commission Service Civil Federal Article 18 of the Conventi required under committee as CEDAW the to reports periodic five hasEthiopia submitted and concludinggeneral providing observations. comments women through rights States to submit periodic the supports reportsCommittee and enhancement the thereby of Consideration of Reports S 54 arties, Ethiopia, 28October 2002, Para, IV, F, section 72

rotocol to Convention rotocol Convention to ofon the Elimination forms All of yareratherand deployed. nominated the Although federal and under article 18 of the Convention on the the on Convention the of 18 article under parties States by ubmitted on. Accordingly, report the the envisagesEthiopian that

ral Civil Service Commission do not include donot Service Civil Commission ral

to CEDAW, has adoptedCEDAW, not the to OptionalProtocol , Ethiopia omenCombined fourth andfifth Periodic Reports of 180 T

up onexhausting the available local that are not accompanied by ratifying byratifying accompanied that are not has not adopted the Optional Protocolhas adopted not the Optional he Federal Structure officials are not not are officials Structure Federal he

from namingfrom and CEU eTD Collection Platform for Action (Beijing + 5),5 - 5),5 + Action (Beijing for Platform 183 182 181 decisionand makings representations thearena. in political women of power the enhancing in made ress about the very prog out information similar active involvements in the risecivil of societies. changes been have economic onwomen’s recorded role decision makingand in their monitoringBeijing of the Platform for commitment meeting issued for Africa of Economic commission in held also were meetings review initiatives to implement the Beijing Declaration and Platform for Action". and adopted Declaration a document and Political entitled"further outcome actions and placetook at the United Nations Headquar on "Womenand gender equality, 2000: peace for development the twenty generalassembly the special of session third In particular, the twenty 2000 and 2005. in the Beijing platform forAction internationally genderequality on progress brought out document international this to are Ethiopia Parties AfricaBothrights. and South The Beijing of humanvictims rights thereby empowerment. and advancingwomen however adds addition apressure in onthe lot government, remedying to individual the CEDAW Committee on th comments of bythe which followed is periodic submit reports governmentEthiopian to

Ibid, Para. 16 (b) Ibid, Para,21 UN General Assembly, Five Assembly, General UN 55

Platform forAction of the

ECA countries toBeijingthe platform forAction. -

the implementation of the Beijing Declaration and and Declaration the Beijing of the implementation of Review year

9 June2000, e implementation of the document. The optional protocolof the optional document.e The implementation 1995 embodies Africa ,

between 1995 between ters New in York from Asia, Action in 2000 has shown that tremendous tremendous shown that 2000has in Action was assessed by the general Assembly in in Assembly general by the assessed was

similar obligation onwomen and content Europe and Latin America. The regional EuropeLatin The and regional America. 183 T

he Beijing ten reviews plus a declaration that reaffirmed the the reaffirmed that a declaration and

2000 and

June June

the implication the of 5 to June 5 to 182 The general general The - first century" 181

R

9, egional egional

pulled . The . The 2000

CEU eTD Collection De June , 2004 Ibid, Pp.9 186 Ibid, 187 185 184 country each African from union The 2003calls for Maputo Declaration sufficient has Africa the Africadeclaration andadopted Ethiopia . have South major Both instruments. mainstreamingand the effective participatio The Declaration AU onGender Solomon ongender ,the Equality Maputo Declaration At a regional level, are there a on number instruments of legal women empowerment. government pla departments development empowerment one. is in achieved be goals major to incorporates eight that Goals Development Millennium adopted the necessary the bring steps in effortgender to hasgovernment Ethiopia equality. The of intern c Goal Development The can Millennium be and other onthe. women enhancement progresses made representation of quota commitment 30% party ruling governmentbeenEthiopian the has implementing Beijing Platform for Action. The report submitted by Ethiopia indi Both Africa and Ethiopia South reports submitted have ontheof implementation the

mocratic United Nations Nations United

Report onthe Implementation of the Beijing Declaration and PlatformforAction(1995, the Federal Maputo Declaration, 56 ational document that puts tremendous pressure on governments to take to governments the tremendousthat puts pressureational on document

Republic of Ethiopia, R Ethiopia, of Republic submitted periodic implementation reports tothe African , Para. A

goals goals 2015 among which the promotion of gender equality and women genderequality and ofwomen which the promotion 2015 among Millennium Development Goals (Goal Goals numberDevelopment 3),2000 Millennium

also pinpoints also pinpoints

185 Fourth Summit ofACP Head of States Government , Pauto , Mozambique ,

T he Report Ethiopian ontheof implementation the Millennium ys in role an important

eport , 187 that the

Pp. 3 Pp. . As such the Maputo declaration does not envisage not Maputo declaration does . As such the

establishment of women Affairs Office in each n of women in the African Union arewomen the in Africann of the gender mainstreaming. ited as one of the complementary complementary the of one as ited

representation of women the in

Union. cates that the the that cates 186 184

South South 24 CEU eTD Collection Africa, and 36 Democratic Republic of Ethiopia Constitution, 1 Constitution, ofEthiopia Republic Democratic Africa, :97, :97,Section headsGovernments. of and States pr accelerated concerted for calls also declaration 192 191 190 189 188 have protectionsright the enjoyment providedequal ofby and rights for Constitution, this Article 35. S “every envisages amongconstitution which is nonsexism one. S The 3.3. National legal and Institutional Frameworks deficit. resource from suffering is Directorate Development and Women Gender, the African Unionitself states the fifty of women representation the declaration in African However, union. percent the imilarly, envisages the Constitution Ethiopian equality an clause Article under 25and

The Federal Democratic Republic of Ethiopia (FDRE) House of peoples Representatives , The Federal The Representatives , of peoples House (FDRE) Ethiopia Republic of Federal Democratic The PreambleIbid, PreambleIbid, Section Statu Africa, of South Statutes of the Republic 57 No. 108OF 1996, Date of Promulgation: 18December, 19, 96 date of commencement : No. 108OF 1996, Date of Promulgation: 18December, 19, 96 date of commencement : outh African Constitution 1996 pinpoints 1996pinpoints ofthe and the major principles values Africanouth Constitution

tes of the Republic of South Africa, 1996, Bill of Rights, Chapter two,Article 9(1) Preamble.,

major setbacks to an effective gender mainst gender effective an to setbacks major 192

Article 35 of the Ethiopi 35of Article

one equal is and has theand rights protection and benefits of law“.

. In provides thatthe African declaration . Union particular, the

189

an Constitution particularlystates Constitutional Law, Law, Constitutional Constitutional Law, Law, Constitutional st

year1 Addis No. Ababa, 21 190

The Constitution Bill of Rights further ogress on gender in mainstreaming ogress on reaming in each government reaming and each in

Constituion of the Republic of South Constituion of the Republic of South

st

August, 1995, “Women 4 4

Article 25 25 Article 188 shall, February February February T

he he in in 191

CEU eTD Collection Democratic Republic of Ethiopia Constitution, 1 Constitution, Ethiopia of Republic Democratic under. the constitution clause ground equality of justiciable matter. As result no a 194 193 laws. the Constitution in this regard is therefore limited to its contradiction with other ordinary yet. of implementation byany The one challengedhas rightbeen not constitutional as a courts. the by made are referrals and challenged rights Inquiry whichin the Constitution Constitutional of issues with constitutional deals Nevertheless,rightsCourts. can challenged constitutional be onproc interpretation of constitutional out Ethiopia theNeedless of in is province the say, to These provisions constitutional don’t have they as effective is of those policies been theNGOs of province has representation women political in of enhancing participationnumber orPolitical the equality beenEthiopia. in of judicialdeliberations has the subject other interpretational place.N in are put mechanisms However, are theseprovisions constitutional very general and unlesssome elusive words constitution. Article of therefore, the is 25anddiscrimination 35 prohibited under will enable them compute equally men.”with

Ibid, The Federal DemocraticThe Republicof (FDRE) Ethiopia House of Representatives peoples Federal The , 58 Women participation in politics is al of aso Ethiopia right the Constitution under

Article 35 (1) 35 Article

193

According to theAccording same there provision, only to is that discrimination positive

or g or

overnment policy. I overnment say to that policy. hasten the

participation are often are on political participation victi discrimination of m has within st

year No. 1AddisAbaba, 21

the higher decision makings. Anythe higher decision makings. negative binding effects. either the term discrimination nor 194

However, nondiscrimination st

August, 1995, 62 Article brought a case on the a case onthe brought

edures set edures considered

implementation

forth by by forth as non

CEU eTD Collection CC, 2001, and S V. Rens, 1996(1) AS 1218, CC, 1996(2), BCLR (CC) 155 Africa, :97,Section, section 9(1) 197 196 195 thewhich not case is the in society). T minority( women Ethiopian whichwomen representatives constitutes compared the to parliamentarian more hasinfluence much African women Inrepresentatives. muchthatthe regards, possibility South is there this However women parliament Ethiopian in 21percent still constitutes of the total steadily increased has parliament represented. As mentioned byfarunder women are Ethiopia parliament, in in representation impacts of women comp frameworks, practices best jurisprudence Court AfricanThe therefore,as can seen one South of be the Constitutional the previous chapter court has Constitutional engaged itself does not constitution providegeneral of terms, thethese precise meanings fair discrimination is permitted under section nine sub section two. equality and In Africa South the Constitution which howeverpractically is implemented

Ibid, section 9(2) Government ofRepublic the of SouthAfrica and others v. Grootboom and others 2000, BCLR, 1169 Constitutional Law, Africa,SouthRepublicStatutes Constitutional the of of 59 No. 108OF 1996, Date of Promulgation: 18December, 19, 96 date of commencement :

unfair discrimination . Having mentioned all the above international legal and institutional

. ared to the South African number theprogress to South and enhancingthe in ared

197

elsewhere, in South Africa the Africa South in elsewhere,

in itsin bill of rights section has provided non sexism,

under from 27percent 2004to in 45percent 2009. in he African south womenhas been parliamentarian

in interpretin sectione of nin

through affirmativeaction and voice on decisions affecting the lives of and ondecisions affecting voice the of lives g those terms as itwas di

Constituion ofthe Republic of South the final constitution.

number of women in of women in number .

196 A lthough the scussed in 195 4 February February O nly nly - CEU eTD Collection 199 198 mainstreamingactivities at document, making puts an that organ as functions The OSW offices expandedPremiers’ provinces. in seventhe coordinate policyin nine has to of office This nationalwomen level. at the coordinate policyon Presidency and oversee to the in (OSW) ofGovernment ontheWomen an Status Africa Office of established South equali gender Gender creationand Equality the of machinery promote to gender mainstreaming and establishes and others. The South African Party leading political theCongress African National organizations agencies,government civic of theparties, commitment political obvious is Africa South parliamentarians in women The of increment obligesgive their in partylisting. party the opposing women membersto quota for which lawa national be there to In needs addition, percent. fifty to from percent thirty the voluntary introduced bythe ruling Ethiopian quota system party needs shows that nine twenty to one parliamentarianshave affectingcannot of hands the ondecisions because seventy women the country. the to effor proved contributed have to

The SouthAfrican Parliament Newsletter, Issued on 20th of August 2008, Pp.2

Manzi, Manzi, 60

the issueof women can easily be Therefore, disregarded bythe vote. majority 50 percent quota system50 percent quota Mavivimyakayaka The The spherehavetygovernment own contributions. each also its in of 198 One can easily conclude that thewomen Ethiopian voice easily of conclude that One can

power. Th power. of voting percent

baseline information national and provincial levels

Wome n in Parliament: Beyond Numbers Beyond Parliament: n in . T t to reduce andeliminatet the of plights women in he issuance of National Policy Fram Policy National of issuance he forward the National Empowerment National the forward accessible andimplementing is numerical imbalance of vote, clearly clearly vote, of imbalance numerical is 199 . Gender f

mystery but but mystery that not ,

ocal point persons point ocal International International

to increase increase to ework on on ework

gender

IDEA’s Poli

cy cy - , CEU eTD Collection through affairs Federal office the women from to Kebele establishing ( the Ministry the th as Policy Women approaches. follows National The c can be Equality Gender Action of National the theof issuance uediss 1993.Although, in Action plan onGender Equality the to National addition Policy in Women’s which was National a issued has Ethiopia government, current the coming of power With into activities. nongovernmental I 201 200 Handbook, 1998, Pp.2 The National Women Policy been has implemented by the Ministry of Women projects. . gender ofspecific projects and implementations design ensuring the women through parliament, women parlia major role in onGender plays createcommission to and Commission Equality the a the National implemented for Action effectively are mainstreamedgovernment in departmentsand the that CEDAW andth This structure because is put in placeprecisely that coordinate with areOSW tasked with s the 1960 in Ethiopia, n ited as a major progress ongender progress amajor as ited Ibid, Pp.2 Ibid, Ibid, Pp.2 e National Action plan on Gender Equality follows gender e onGender Nationalfollows Equality and Action development. plan 61

201

this regard

organizations and government was not much involved in women rights women involvedin was much not and government organizations

mentarians have been been have mentarians . Apart from the advancement of women representation in representation in womenadvancement from of . Apart the

and 70s women’s activities were mainly carried out by by out carried mainly were activities women’s 70s and

mainstreaming, the twodocuments havemainstreaming, different 200 . In .

addition, parliamentaddition, has issued each government departments government each it

women in development approachwomen development in engaged in engaged

ensure s

that gender issues are indeed indeed are issues gender that

protecting the interests of e Beijinge Platform ` functions legislation ’s

Affairs Affairs where where

.

CEU eTD Collection ensuring legitimacy accountability and Civic transparency. Organizations the because are organizations civiclobbying Civic organizations. effortsof particularly important le the of contribution civic has organizations been Many Ethiopia. immense in key ingredients building to onwomen representationIn parliament. in twodecades, the last and national community are key The organizations Civic role the organizations of based used.development approach is that w convinced.I the men argument areand spherefullyachieved if maintain be involved can itself programs representative’s office affairs women data, accurate Evenmen enhancingwomen involvementin i participation. though provisio measure out the expected women empowerment in politics apart from its affirmative action brought not Policy Women has the National the constitution, approachcontent with and ad lowest 3.4. 3.4. gislations and policies were issued inter alia, because of the successful advocacy and and advocacy successful the of because alia, inter issued were policies and gislations - 62 Civic Organizations Civic of Role The

omen politics empowerment bein or it private life can ifa gender reality be and Women AffairsWomen Office. equality between Arguably, the menin public and women

ministration unit) level. Although the National Women Policy has similar fully fully do not y

reach non elites and desperate interests at the grassroots level thr level grassroots the at interests desperate and elites non reach n. The major problem relies on absence of measureincrease major effective to on problemn. The relies in in participate men. This problem is further aggravated by the name name bythe further aggravated is problem This participate men. enhancing

women Representation women

and Communityand Based Organization

positions arepositions filled by women and t

by supportby to hard is

strengthens ough CEU eTD Collection of Geography,Leicester, University of UK, ( 203 202 promulgated onthe Charities and organizations. Civic proclamation by wasStarting limited civic therole fromnewly organizations 2008however,of the public and private spheres. ia Ethiop thatcriminal of code severelywomenlimited rights anddecision makings in a organizationinfluence whole. this example, For hadrevising in the aprevious serious women as rights advancing major one in Lawyers the was Association Women Ethiopian wasorganizations prov process. Regarding politics, in enhancingwomen the participation role of civic and training public the democratic on elections and participate in verifying election the 2005 demonstrated the in T own transparency its thi legitimacy. state enhance actions Such state. the of scrutiny public and democracy, checking in abuses of state power, wider consolidate citizen participation proc this in example an was Africa South change. democratic in importance paramount of are organizations Civic equality. gender and governance good for capacity State he positive impact of civic in organization

Ibid, Pp.4

s does not mean that Civic societies can societies Civic that mean not does s Mercer, ClaireMercer, , ess. 63

202

Civic Societies also playan important role inthe strengtheningof NGOs, civil society and democratization: acritical review of literature, the Department accountability and, accountabilitydemocracy deficit. ed to be crucial. Among the notable civic organizations, the ed be civic to crucial. Amongtheorganizations, notable election where Ethiopia in

2002 ) , Pp.4 limit gender equality than

furthering democratic change was was change democratic furthering

they took active role in organizing organizing in role active took they

furthering itif ithas 203

Nevertheless, Nevertheless,

CEU eTD Collection 207 Ibid, Pp.81 within the partywithin structure. 206 205 204 listings. structure allows more accountable. more is structure centralized because structure centralized political partystructure promotes women participation than decentralized partyin prostructure mo nomination. representation In t addition, commitment toprovide 50% ofwomen. quota for African party by South the explained be can This nominating significant. themis parties increasing in the number of women parliament in through voluntary.measure is participation politics in increasingwomen to Therefore, the role of measures countries where therenot national is legislation that binds alltake political part to ies through and nominating politicians effective women electionparticularly, campaigning in Political parties may play importantan role in bringing women into politicalthe arena 3.5 ( 1999) Ibid,81 Pp. Ibid, Pp.80

Caul The Ro 64

Vol. Vol.

, 207 Miki

ofIn affirmative action. S both 5 . No . 1 pp. Therefore, centralized party structure opens the door for promoting women party women the promoting doorTherefore, for centralized opens structure 204

The Role of Political Parties ofPolitical Role Representation, The , parliament in Women , increasing W increasing in Parties Political of le

- hree aspects of party organizational structure may influence women’s women’s may structure influence organizational ofaspects party hree Centralization explains theCentralization distribution of makings explains power decision over

centralizatio 80

pressure promote other to diversity parties from party its in te women decentralization? or 205

C n, institutionalization and the location of candidate of location n, institutionalization and the

entralization further explains, does centralization furtherentralization of explains, power outh Africaouth and an Ethiopia, affirmative action

This c This omen Representation Representation omen lause 206 In addition centralized argues that a highly highly a that argues , Party Party , Politics, recruiting and and recruiting

, CEU eTD Collection 210 209 208 explained proportional Mitso the African of the importance in 1999south Election pro in effective more women participation in politics As mentionedthe in chapterelectoral two level. national the to way uptheir make can easily women than the national one because women once are nominated at a local l level of nomination. the is promoting participation for women factor important another According Caul, to recruitment. Most of their rules and criteriaareflexible and permanent. As a result they fail to define rules and criteria for political parties parties are of not the Most political election during pre period. established and strengthen challenges Ethiopian of political parties. bend easily it favor orderto in certainInstitutionalization people. oneis of the or change rules not party political may institutionalized high In addition, parties.political criteria and rules clear Those recruited. and nominated are members party potential how criteria other. theparty opportunity provides members the Institutionalization of describes political parties participation in that particular party. Ibid,81 Pp. Ibid, Pp.81 Ibid, Pp.82 65 208

prevent Put differently,highly a institutionalized political party defines clear rules and

of the parties are recruited. recruited. are parties the of

discrimination anddiscrimination bias. Therefore, women canentere th easily into moting women representation than plurality systems. For example 209

Some people argue that,localis nomination more favorable for

to the with power as a whole. For instance proportional representation is

Norris Norris Firstly, the political parties

argues have impacts have may systems 210 out theout necessity to have

that highly institutionalized political

nature of th of nature changing. e process by e process

are often well well often are on promoting

ties to each ties to each evel, they which CEU eTD Collection 212 211 scholars bymany are questioned instruments granted for However, time. long of women the rights universality and international legal Internationalbeen andfor the universality taken of legal humanhave instruments rights 3. approaches. and democratic involvement in political parties. Women may to the incline partyhas that that egalitarian Political ideologies of political parties may also determine promoting women government by won women.” being percent gave the of seats.This anoverall 19percent average of thelocal of seatsin only 10.84 won seats,women based constituency In or the ward the of seats. 27.9 percent representation, womenn wo proportional of onthe basis elections. contested In the seats government andlocal between by the national/provincial the contrast illustrated is rep “ representation as follows: rights. may seriously impact issue does appear not to be FGM Campaign, 3.6. 3.6. The 1994 national and provincial elections were run wholly on a proportional were ona wholly andprovincialrun electionsThe 1994national Shweder, 6

Mtintso, Keynote Address – Address Keynote Mtintso, resentation basis. The advantage of the proportional representation Theadvantage systemresentation basis. the of proportional women for .1. Introduction Introduction .1. 66 212 Immerging Challenge Implementingon the Legal Framewor

The major arguments raised for and against cultural relativism are presented presented are relativism cultural against and for raised arguments major The

When Culture Collides: Whose Traditional Values? A Critique of the Global Anti Global A of the Critique Values? Traditional Whose Collides: Richard Culture When , of Unitedof

( 2005) , PP.181,

on the continued efforts of implementing the human continued international efforts on

Nations on

Into the Fut the Into

much entertai much

211 ure: Gender and SADC, 1997

Women Rights Instruments ned byhuman rights activists

on the grounds of relativism. A grounds of the on

in Africayet, it

lthough this this lthough ks ks -

CEU eTD Collection 216 215 214 Journal Rights 213 rights human rights or violations. a valid universalist justifications and universality are andasubordinate superior essentialactor corpus“the falls within continuum the historical theproject, of colonial a which in varyingfor worldreasons. third countries humanthatemerge scholarsrights Some argue that complement each to approachesand be can rights reconciled for other. human relativists towards that relati that claims core the answer to failed however work irrespective ofethnicbackground. culture and historical had forbeenhuman rights challenging universalists maintained strongly particularly ofSome the argum recently . rights beencenterTherelativity of of debates universality humanhas the and 3.6 below: Pp.21 Rights, Human of Critique World Third A Mutua, Makau Kennedy, Ibid, Pp.21 Ibid,21 Pp.

.2. the claims of 67

Cultural R Cultural

women rights respect rights women

David .

.” .”

, Vol. 15, (2001), Therefore, Therefore, 215 the International Human Rights Movement Rights Human International , the

F current current scholars the these or ents from the relativists point of theview point unsettling relativists hasents deeply from and been cultural relativists may elativism and Women Rights Rights Women and elativism I maintain the point of view that universalism and relativism Pp. 109 Pp.

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216 . it is biased assertion This assertion is not wholly valid. wholly not is assertion This 214

negatively i negatively

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Human Part of the Human Problem, Harvard mpact

for what human constitutes on 213

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CEU eTD Collection 218 217 have played not muc provide for concrete thewhy questions answers international humandocuments rights implemented often. issues Unarguably, needs critically one to these question Nevertheless evidences. Human Rights Protocol on the Rights of women and effective The onGender Mainstreaming Maputoregional Declaration and legalthe documents. the develope instruments rights human several adopting been have leaders African many Infact instruments but they maynot fully participate indrafting those human rights regimes. participa leaders African the because Precisely Nations. United the through leaders the of approval mere countries, human the rights legal instrumentsmay validly acquire legitimacy by the the given that argue continuedremedyformakes respect it and the the if effort andconsented them to argue further extent certain legitimacy humanlack rights in understand, universal the

Ibid, Pp.22 Ibid, Pp.21

African leaders are incorporating those international legal instruments into the into instruments legal international incorporating those are African leaders 68

d and participation of women in the African Union, the African Charter on People and onPeople Charter the African Union, African women the in of participation

, those

but not as a whole for reasonsI will mention below. Cultural relativists that for h for that innovated frominnovated te the in legitmation process through adoptingthose international legal

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the rights to attract respect, the author or the society that that society the or author the respect, attract to rights

West. West.

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the the worldthird countries ato been fails to work. fails work. to

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seen

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and try to

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mainly by human rights offi mainly rights byhuman ( however, 2007) 69

human rights officials. human rights

, 5 Kwasi ( 3

, Vol.15, (2000), Pp. 109

):

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, Africa’s Constitutional Revival, Start , False Start or newDown or Start False , Start Revival, Constitutional Africa’s , 506

first published online, Pp. 9 Pp. online, first published

actors religious institutions that provide long poverty.

. ces that exist in internalized by havehts drafted been not and internalized not so 222 cials including Cultural police. 220

, women rights hand On the other of resources cannot be the sole challenge to implement implement to challenge sole the be cannot resources of David Kennedy, in one of his influential book his one in of David Kennedy, 219

This claim can however effectively reinforce the reinforce effectively however can claim This

the traditional the African bythe only not violated nor owned

justified byjustified of resources, lack it

the authoritarian leaders who who leaders authoritarian the

those are expected to be be to expected are those African society. African

relativists argue and short term solutions term solutions and short

that are imposed on imposed are that , Int

by the Western Western by the J Constitutional Constitutional J , incapacitates ,

as a normal anormal as 221

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Ibid, Pp.23 224 70 n the other hand, they

However

June 9, 2010

de

needed to to needed velopments. The scope and meaning of women meaning rights The and scope velopments.

have gonehave 223

, the Lecture Presented at C atLecture Presented emergence of human right in the West and in Africa has Africa in and West the in right human of emergence

226 centers

protect the protect

H modifications and through permanent modifications ed during the post colonial eraed duringcolonial the post e

further asserted that, that, asserted further

of of

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rights go donot in Africa. Africa. in U the purpose set for the emergence of the emergence of for purpose set the niversity, niversity, universality rights. to

claim recisely because the W the because precisely

African LectureAfrican series 1,

Feminists’ been claim have

that culture changes over over changes culture that renewals. renewals. though transformations

renew in the course of of course the in renew in Africa after the the after Africa in These changes changes These 225 This claim

different different Budapest, estern estern

CEU eTD Collection T solutions tothe challenges relativists raise. human rights be ignored the world in third countries.It rather is come to possible upwith These nofundamental arguments issue presents thatcan totally make it. acquireda society develops if rights only but violations thein shortrun. Sustainable human rightscan respect only be curbed if solution the is initiated internally. Extern put people’s Simply culture. 227 rights. differently women Put ofthe purpose between culturalrelativism and universality h of Arguably becomes laws. of the part domestic many instanc awhole. as society were introduced, important what is is the function it does for argueOn the universalists other hand of womenAfrica. in changethe rights effortcontinued violation to the being made Howev during protection human rightswas the not protection Africa in of the Africanrather t community It is true thatrights human Ibid, June 9, 2010 he world third States 71 er, this assertion means find good assertionto this er,

the colonization periodthe i colonization , that

to to es the legislative assembly of that particular State discusses on it before it the property rights of the Westerners who have already possessed property the who property have ofproperty rights thealready Westerners possessed

cultural relativism puts the rights of women at risk.

leaders have been adopting international legal instrument andadopting have legal instrument international leaders been , internal

to be validly be to

n

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societal problems can societaland sustainable problems sufficiently that whatever the means by which human rights bywhich the means that whatever

, I excuses excuses

workable,

it was purely developed by the West by the developed it purely was think there are possible values that human thathuman values are there possible think uman rights requires reconciliation for uman requires reconciliation rights al solutions might seem solve mighthuman seem al solutions offices to for those African offices they need to be be to need they

the African women a Particularly the fight moored in

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i nd the gnore the the 227 he he in in . CEU eTD Collection forthand thewomen thesis. in chapter twoof for this put allreasons one society.t I thejust hold view of parts part are resources to access to equality that consider to fails argument This water. yetthe Africanhave who not women basic to secured services access as food and such . culture of result the as women towards perpetrated violence 229 228 problems. Elders social meeting and social events public to public liveincluding discuss and prejudice t Inculture and ways of lives. the most Ethiopian ethnic culture, subordination women ethnic Each state. federal ethnic an is Ethiopia elsewhere, mentioned totally unknownthe in exist In the fact dichotomy cultural relativismand between universalism of human rights not is public dichotomy. Africa in prevailed culture The instruments as values of world third countries is necessarily cultural imperialism. The cultural relativists maintainsextreme an argument using that international the legal rejechurt those human values, factors those values thataffect whichIf are sharedamong allhumanfactors beings. those similar values other are there worth, of the human sense culture humanbeings example dignityfrom share.For can in every It is also argued that perfect the humanrights

Ibid, Pp.4 Nduwimana, Françoise 72

can beIf one of them. human dign valueity a thatis is shared the across board,

owards women is common. Women are not allowed to participate in the the participate in to allowed are not common.Women is women owards 229

, In context, this , Chief Counsellor for Human Rights, UNDP Rights, Human for Counsellor Chief ing within the existing Africancontext. For example as itwas

hat political representation and other rights need to include and include otherhat representation to political need rights tion follows. tion

that are centered at human beings. Therefore, there are are there Therefore, beings. human at centered are that is rooted in the feminization of private povertyand and feminization rootedis the in

cultural relativism perpetuates the prejudice and prejudice the perpetuates relativism cultural

drafted in the West is too luxurious for luxurious too is drafted the in West Yemen,

( 2004 group ) ,

Pp. 1 Pp.

has

their own own their 228

CEU eTD Collection Democratic Republic of Ethiopia Constitution, 1 Constitution, Ethiopia of Republic Democratic Democratic Republic of Ethiopia Constitution, 1 Constitution, Ethiopia of Republic Democratic 232 231 230 harms onhuman beings. requires of women encompassing problems Africa. in that women experience prejudiceand injustice theculturain world. The majority officials who implement women rights are men. and women the without participation laws are issued domestic manyaddition, of the because the both societyand consider the victims part the violation the culture. but legitimacy lack they because not respected be to failed are rights women Therefore, clause. secession the under limited abso are rights cultural Nevertheless, practice. cultural aparticular of because away its culture. constitution each ethnic group has belong the to right a to particular and culture practice with a particular societal problem are Article 39 Article In major human rights conclusion, as the name indicates are sharedamong human beings

Ibid, Article 35 Article Ibid,

The Federal DemocraticThe Republicof (FDRE) Ethiopia House of Representatives peoples Federal The , The FederalThe Democratic Republic of Ethiopia (FDRE) House of Representatives peoples , FederalThe 73

230

On the other hand, women haveown rights theirnot thatshould

l relativism approach to women rights can perpetuate the womenperpetuate to can rights the relativismapproach l

232

limited for men. On one hand under the Ethiopian the Ethiopian handmen. Onunder forone limited lute whereas, women rights are can in effect be be effect in can are rights women whereas, lute st st

year No. 1AddisAbaba, 21 year No. 1AddisAbaba, 21

recognition of the shared values and shared and values the shared of recognition 231

, solving Therefore st st

August, 1995 August, 39 Article 1995,

be taken taken be

the all

In In CEU eTD Collection canhuman rights theAccordingly, universality be of be can identified. legitimatized. internationally and strongly to possible share argue thathuman beings many of accepted the values frameworks ignored. institutional and international be laws cannot easily However, the international legal regimes and institutions are of efforts the that argue can One relativists. cultural from challenges facing are Despite allcontri the butions that international legal regimes andinstitutions make, they level their in programs. groupsall the society at of involving all and rights throughwomenadvocacy politics of participation in of women organizationsCivic and national community based also further organizations the their and other international and regional enhance institutions through women representation representation in parliaments. The CEDAW Committee, the African Union Commission The also play international institutions and national crucial roles women consolidating in ( Women, the Beijing Platform for Action and the Millennium Development Goals legal internationaltowards representationAmongthe major parliament. in enhancingwomen International and national legal and institutional frameworks immensely contribute 3.7 3.7 MDGs) are some. .1. Conclusion .1. Conclusion . Conclusion and Recommendations the states. onthe concluding reportsstates. recommendationsand of the observations instruments, i

challenge cultural relativists put forth on the legitimacy of those

Convention onthe Elimination of allForms of Discrimination against

based on based

those values,

the things

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that benefits and hurts human beings human beings and benefits hurts that However, it is However, is it

CEU eTD Collection

  3.7   

researched thatwill put forth reconciliation mechanisms. The dichotomy cultural relativismand between women rights needs be to further LikeAfrica did, south internatio yet, achieved has democracynot Inwhere country the remedy internationally. for of seek humancan rights or groups ofmechanisms victims bywhich individual Convention on the Elimination of All Discrimination against in Women politics and communitymobilization for the same effect. in participation enhancingwomen role in crucial play a organizations because civic The State allow needs all to civic organizations empower women. effectively community and to the involvemen better orderto and in development gender be approach to needs the and revised be to Policy Women The needs National pro manual a that put to policyor governmenta Therefore, practicalneeds the effect. However, the term equality clearly not is and defined as a has result not it been given envisaged and is beforeasWomen men areit equal theconstitution. under law the .2 . Recommendations ii vides a clear meaning to it. vides it. a to clear meaning

domestic one domestic the than effective more canbe mechanisms remedying nal

Ethiopia needs to ratify the Optional Protocol t OptionalProtocol needsEthiopia the ratify to

to work on gender and women rights rights genderand women work on to

order to put order put to o the .

CEU eTD Collection Rep Democratic Federal The scholars. equality liberal the by reasons of a number on attacked howeverAffirmativeIt aadopted is is tool increaseparliamentarians. to action women genderchallenges also been of the theinequalityin parliament. has one for the private dichotomyDespite and thehas thatEthiopia fact colonized, never public been less than other AfricansuchAfrica as countries and South Rwanda. furthering The ofnumber women of rights. women representatives has Ethiopia in been In private the addition, publicand dichotomy emerged from has thealso prevented West eradication. been nation to committed building and reconstruction of economy, poverty and illiteracy substantial has beenrepresentation ofIn women Africa, in assemblies the issue . particular However, reasons for several a gender problem still inequalityis parliament in therefore,understand undergo their women whatin womenlives. other better ,thirdly, politics. in share women same make experiencesandsa is their biological participating for seek to women other to appeal may parliament in representatives women re needs be to all, First of . reasons of a for number is representation Women worse . of- ,thesub challengesglob situation the around facing been has parliament in women of representation equal that fact the Despite Conclusion presented by women because they share similar identity secondly , the existence of of existence the , secondly identity similar share they because women by presented II. ublic of Ethiopia envisages affirmative that action measures will be taken in order to vii

ly ignored partly because in the last few decades African governments have have governments African decades few last the in because partly ly ignored General Conclusions and Recommendations

Saharan Africa including Ethiopia is SaharanAfrica is Ethiopia including

me me CEU eTD Collection countriesclear enough promote order to be equality wordingalsoin to however, needs its CEDAW addressed . be current needs discrimination to if revised system be to Therefore, needs the Ethiopian actioncourts. casesappear the in courts before where the controversieshaveabout identifying enforce to whostandings affirmative persons ordiscrimination exclusion and approach compensation that.This an for puts end also African the South about mention past not oneUnlike the Constitution, does Ethiopian men and women enjoy can equality of opportunity. where environment create and disadvantagedaffirmativestice doju action to is rather understanding of the purpose set for which not it is give to opportunity past to onthe based designed is provision action, Africa theaffirmative South ofThe wording abuse. to susceptible result, easily it is a As interpretation. subject different is to and system partyquota The is system Ethiopian countries use. effectmethod of and quotas system this are therea to thatdifferent number of methods onthe b women In nominate order to settled. easily can be controversy the principles of election. However, since used is to quotas system nominate candidates only oppression doespresent remedy andbut not domination domination. is focused thebring Constitution genderHowever onpastequality Ethiopia. in about Like affirmative action, quotas system is also subject to criticism on the basis formal viii

with its Committee is one of the major legal instruments which encourages

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meaning Equality government of needs Ethiopia a put to policy thatprovides or a manual clear their theories of part as gender mainstream and analyze to need theories and ideologies Political documented The history womenrole the in publicsphere of be the to s furtherand need studied Theforrepresentation needfurther needsadvocated women be to ix

ily ignored . Nevertheless, it is possible to reconcile the two arguments in a arguments reconcile a to in the two possible .Nevertheless, is it ignored ily

imination of all Forms

CEU eTD Collection         

more effective than the domestic one. one. domestic the than effective more be can mechanisms remedying yet,international achieved not has democracy where In thegroups of country humancan remedy victims rights for seek of internationally. All Discrimination against Women in order toput mecha needsEthiopia ratify to the the to OptionalProtocol onthe Elimination Convention of researched thatwill put forth reconciliation mechanisms. cultural relativismand women rights needs between be to further dichotomy The The the context in Ethiopian issueof intersectionalty be to further needs studied equality inelections The Election Ethiopian Proclamation needs be to revised asgender so integrate to Indian Constitution upbyConstit backed be needs to system The quotas Ethiopian steadpast ofoppression focusingonly. onthe in for domination present and measures and incorporating domination oppression, good affirmative of EthiopiaThe be should asthata amendedso include Constitution to allelements measures Furtheradvocacy beof to affirmative done needs action for implementation effective women needrevised. rights be to The State’s legislations that prohibits civic organizations to not work on gender and plan theonGenderwith National Equality Action it reconcile and the community and involvemen better to order and in development P Women The National x

action law consists of such as changing the word discrimination to discrimination the word changing as such of consists law action

olicy needs to be revised and the approach needs to be gender gender be approach to needs the and revised be to olicy needs

nisms by which individual or bywhich individual nisms utional provision like provision utional

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of California Press, Los Los Press, California of , 2005

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CEU eTD Collection 7. 6. 12. 11. 10. 1997)(1) 745(26 SA November ZACC 1998 1655; 1997(12) Province) 16; West BCLR and[1997] (CCT2/97) Another 9. 2000 ( ZACC 2000(2) 29; 825 SA 8.

into force Accordance in into Articlewith 27. 1976, ,3january, RightsCultural ,General assembly 2200A, (XXI) Resolution 1996,entry December, United Nations GeneralAssembly, Amendments with 438/2005 by111/1995 No. proclamation Consolidated Democr Federal York, 2001 of the HIV/Aids United Nations Development Pandemic, Fund for New Women, 1989,ArticleDiscrimination againstWomen, 7 and CEDAW the Gender Dimensions The Africa Republic all of theInitial to Convention South forms Report of No. Ababa, 1Addis 2 RepresentativesFederal ,Theof Constitution Ethiopia Democratic , Republic House of (FDRE) Ethiopia of Republic Democratic Federal The Affairs 2004 Sector Sub ,March, Beijing Declaration and Platform for Action Ethiopia, of Democratic Federal The Larbi Africa Republic41/99)Harksen of[2000] and(CCT South of Others the vPresident ) xv

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PROCLAMATION NO. FDRELaws thePROCLAMATION Version of, Election of atic Republic of Ethiopia House of Peoples Representatives atic of Republic ofPeoples Representatives House Ethiopia 1st August, 1995 CC); 2000 (1) SACR 300; 2000 (5) BCLR 478 (30 2000(5) March 300; 2000(1) BCLR 478 CC); SACR

Internationsl Covenant onEconomic Social

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year and CEU eTD Collection 15. 14. 13.

Issue No. 1/2000, Addis Ababa,Issue 2000 No.Addis 1/2000, Code Family Revised The , Ethiopia of Republic Democratic Federal the of Gazeta Negarit Federal 2000) 2001(1) 19; 46; ZACC SA [2000] (CCT11/00) 2000(11) BCLR(4 1169; October Government Africa of South of Others the Republic and vGrootboom and Others 19, 96Date of C 18, ofDate Promulgation: 1996, OF No. 108 Africa, Republic of South Law, ofStatutes theAfrica, Republic of South Constitutional Discrimination against Women (CEDAW) Committee, xvi

ommencement : 4February : ommencement :97 00, Federal Negarit Gazeta Extraordinary Extraordinary Gazeta Negarit Federal Proclamation of 2000,

Geneva Switzerland Switzerland Geneva Constituion of the Constituion December, December, , 1998