Political Parties' Internal Rules

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Political Parties' Internal Rules Political parties’ internal rules from a gender perspective: Comparatives Experiences REPORT TUNIS, 31 OCTOBER 2015 0 This activity report is produced by International IDEA-Tunisia project “Respect for Women’s Political Rights: Fostering Political Environments for Equal Participation and Leadership of Women in Political Parties”. The project is designed by Netherlands Institute for Multiparty Democracy, funded by Human Rights Fund of the Netherlands and implemented in Tunisia by International IDEA. The project includes three selected countries: Kenya, Colombia and Tunisia. In each of these countries, inequalities exist between men and women in terms of their access to political rights and decision-making positions. All three countries demonstrate a strong prevalence of cultural norms, embedded in the legal and political context that denies women the opportunity to share in the exercise of power, with all the limitations on the development of democracy and well- being implicit in that exclusion. The project in Tunisia assist several relevant stakeholders in reviewing the legal framework from a gender perspective and identifying gaps and opportunities to further strengthen women’s political participation by looking at the legal framework and the work of the political parties, as well as the broader electoral environment. This report documents the activity organized on 31 october 2015 in Tunis, where more than 40 political leader participated on internal rules of parties from a gender perspective. The report incorporates the results, recommendations and experience gained during the two sucesseful legislative elections of Tunisia. ……………………………………………………………………………… 1 Table of Contents Introduction ..................................................................................................................................... 4 Why parties need internal rules: experience of Canada ................................................................. 5 Challenges around the drafting proces ............................................................................................ 7 Gender sensitive internal rules: experience of Sweden .................................................................. 9 Gender sensitive internal rules: experience of Kenya ................................................................... 11 Issues raised by the participants .................................................................................................... 14 Recommendations ......................................................................................................................... 15 2 Acronyms CMD Centre for Multiparty Democracy (Kenya) DM Democratic Movement (Kenya) EU European Union LPC Liberal Party of Canada NIMD Netherlands Institute for Multiparty Democracy NWLC National Women’s Liberal Commission (Canada) NWLC The National Women’s Liberal Commission (Canada) IDEA International Institute for Democracy and Electoral Assistance SDP Social democratic party (Sweden) SDW Social democratic women´s organization (Sweden) ODM Orange Democratic Movement Party (Kenya) TNA the National Alliance (Kenya) URP UNITED REPUBLICAN PARTY (Kenya) UDF UNITED DEMOCRATIC FORUM PARTY (Kenya) 3 Introduction Before the revolution of Tunisia in 2011, dozens of new political parties were licensed, creating a new landscape and new political and electoral challenges. Rapidly, the parties were involved in three successive elections, parliamentary elections in 2011 and 2014, in addition to presidential elections held also in 2014, without having necessarily the time to structure themselves: draft platforms, mobilize members, design strategies, choose candidates, and develop proper internal rules and regulations of the parties. It is worth noting that the electoral code provides that “candidates are listed on the basis of alternation between men and women”. However, parity of male and female candidates failed to bear fruit as political parties were reluctant to place women on top of lists and therefore their representation was limited to 30%. The parity at the top of the lists was rejected by the legislators for the electoral law passed in 2014. And political parties remain are also hesitant to adopt gender sensitive bylaws or structures. Despite the fact that several political experts think that specific political parties’ laws are not necessarily needed in democracy, the internal rules’1 of the parties are quite important and necessary to ensure proper internal organization and transparency as well as equal gender opportunities. According to IDEA report on reforming legal regulations and internal rules of parties, the principles embodied in the parties’ rules should ideally promote the values of internally democratic party organizations, so that parties engage activists in decision-making at all levels of the party, for example in conference debates about party principles and election programs, as well as giving members a role in the selection of party leaders and candidates. Practical steps towards building internally-democratic parties include mobilizing supporters and building mass membership organizations, decentralizing decision-making in the candidate nomination process, and promoting the inclusion of women and ethnic minority candidates for elected office2. In this context, IDEA project in Tunisia organized a conference on political parties’ internal rules to initiate discussions and debate on the importance of parties’ bylaws. Special focus was devoted to gender sensitive bylaws. The conference was a sequence of short presentations prepared by International experts and practitioners followed by sessions of questions and answers. Comparative perspectives and experiences were presented to provide platform of dialogue and reveal similarities and differences that can lead to a better understanding of political parties’ development. 1 Sometimes referred to as party statutes, party internal regulations or in some parties’ constitutions 2 IDEA report on reforming legal regulations and internal rules, P20, 2004 available on the following link http://www.idea.int/parties/upload/pippa%20norris%20ready%20for%20wev%20_3_.pdf 4 Why parties need internal rules? The experience of Canada, by Mr. Marc Lavigne Marc Lavigne works in politics since thirty years. He held important positions in the organization of several electoral campaigns and referendums of the Liberal Party of Canada. He is also a political adviser in the area of good governance and strategies elaboration in Canada and abroad. He held the position of Director of Parliamentary Affairs Adviser and the National Assistant of the Director of the Liberal Party. He was also among the Prime Minister of Quebec team. Since 2012, he moved from federal politics to local politics and he is currently member of the local council of the municipality of Saint-Charles-sur-Richelieu. The internal rules of political parties include requirements and provisions for parties to be transparent in their decision-making and to seek input from their membership at all levels when determining policies, establishing committees or initiating any new change. It offers also the possibilities to resolve all the issues and describes the organs of the party and regulates how the amendments of the rules is introduced. They should ensure proper functioning and development of the parties and should be seen as any rules regulating any field. It determines how the party functions, what is the role of every party’s member and structure. It is worth noting that in terms of seize the constitution (bylaws) of the Liberal Party of Canada (LPC) comes in 80 pages, the conservative party of Canada is 20 pages and the Green Party of Canada lead by a women is 20 pages. Nevertheless, the clarity and consistency of the contents is more important than the size. The rules should be simple, flexible and democratic. The member of the party is the central component of the rules as parties rely on members to win the elections. The preamble of the rules provides the reason of the constitution of the party and the orientation of the actions and engagements. The preamble of the Liberal party of Canada states that “This Constitution governs the affairs of the Party and is the final authority concerning any dispute within the Party. If there is a conflict between this Constitution and any Constituent Body Constitution, this Constitution prevails insofar as the federal affairs of the Party are concerned.” In terms of party’s structures, the member is again at the heart of the structures. The constitution of the party states that “membership in the Party is open without discrimination based on race, national or ethnic origin, color, religion, sex, sexual orientation, age or mental or physical disability”. The board of directors National Board of Directors is the highest authority of the party and it is responsible to manage or supervise the management of the activities and affairs of the Party including finance. 5 Gender perspectives: The National Board of Directors of the LPC, by bylaw, may establish any number of committees, consisting of members of the National Board of Directors, to which the Board of Directors may delegate any power that the National Board of Directors may exercise. In this context, article 28, paragraph 2 of the constitution states that “in making appointments to a committee established by the National Board of Directors, the principle of equal participation of men and women and the recognition of English and French as the
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