50/50 POLICY BRIEF NAMIBIA MAY 2020 Namibia came within a hairbreadth of attaining gender parity in the 2019 elections. Photo: Colleen Lowe Morna Key facts This policy brief sets out key issues and options for the increased representation of women in politics in Namibia following the 2019 elections. The issue is of critical importance given that: • Namibia has local government and regional elections in 2020. • Elections at both local and national level are run on a Proportional Representation (PR) electoral system that is generally more favourable to women's representation. • The ruling South West Africa People's Organisation (SWAPO) has a 50% one woman, one man (or “zebra”) quota. This played a key role in delivering 46% women to the House of Assembly in 2019. The 2019 elections paved way for young women in leadership in Namibia. • There is a legislated 30% quota for women at the local but not national level in Namibia. Last year former South West African People's Organisation (SWAPO) MP Eunice Iipinge introduced a motion in parliament for a 50% legislated quota at local and national level. The motion received broad support but has not been enacted. • Regional elections are run on a First Past the Post (FPTP) basis. This largely accounts for the very low representation of women (17%) in this tier of government. • Article 23 of the Namibian Constitution acknowledges that women were previously disadvantaged in many areas of life including politically. These facts present both a threat and an opportunity to debate electoral systems and quotas, the experiences1 Appointed by the King. to date and how they can be enhanced to “step it up for gender equality” by 2030. 2 Appointed by the King. 1 No of seats/ No of % of Last election/ Next Electoral system candidates/ women women announcement elections appointments elected elected Local government 2015 2020 PR 230 110 48%1 Regional councils 2015 2020 FPTP 121 20 17%2 House of Assembly 2019 2024 PR 104 48 46%3 (lower chamber) National Council 2015 2020 Indirectly elected 42 8 19%4 (upper chamber) Presidential elections 2019 2024 PR 11 1 9% Cabinet 2019 2024 Appointments 21 8 38% Source: Source: Electoral Commission of Namibia and GL computations. Constitutional provisions The Namibian Constitution provides for formal equality before the law for men and women and outlaws discrimination on the basis of sex. Article 10: Equality and Freedom from Discrimination5 states that: (1) All persons shall be equal before the law. (2) No persons may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status. SWAPO Party leaders during a campaign rally ahead of the November 2019 elections. Section 67 states that every citizen has the Photo: Kaino Kamweka right to make political choices freely, to join and to participate in the activities of political special discrimination and that they need to parties, to campaign freely, to stand as a be encouraged and enabled to play a full, candidate. equal and effective role in the political, social, economic and cultural life of the nation. The Constitution (Article 23) provides for affirmative action as follows: (1) Parliament shall enact legislation providing The Constitution's Article 95 (a) on Promotion of directly or indirectly for the advancement of the Welfare of the People provides for: enactment persons within Namibia who have been of legislation to ensure equality of opportunity for socially, economically or educationally disad- women, to enable them to participate fully in all vantaged by past discriminatory laws or spheres of Namibian society. practices, or for the implementation of policies and programmes aimed at redressing social, economic or educational imbalances in the Key institutions for the promotion Namibian society arising out of past discrimi- natory laws or practices, or for achieving a of gender parity in elections balanced structuring of the public service, the police force, the defence force, and the prison service. The Namibia Constitution provides for the (2) In the enactment of legislation and the establishment of the Delimitation Commission application of any policies and practices (responsible for regional boundaries); the Electoral contemplated by paragraph (2), it shall be Commission of Namibia (established by the now permissible to have regard to the fact that repealed Electoral Act 24 of 1992 and mandated women in Namibia have traditionally suffered to organise, direct, supervise, manage and control 1 Commonwealth Local Government Country Profile, Namibia, 2018 accessed on 3 March from http://www.clgf.org.uk/default/assets/File/Country_profiles/Women_councillors2018.pdf 2 Election Watch Namibia, Women Lose out in regional council elections; accessed on 21 May 2020 from https://neweralive.na/posts/women-lose-regional-council-elections 3 Electoral Commission of Namibia, 2019 Election results accessed on 3 March 2020 from https://www.ecn.na/elections-2019-2/ 4 International Idea, Gender and Quotas Database, Namibia country data, accessed on 13 May 2020 https://www.idea.int/data-tools/data/gender-quotas/country-view/223/35 5 The Constitution of the Republic of Namibia 2 the conduct of elections and referenda in a free, Constitution that also sets the broad parameters fair, independent, credible, transparent and for the Electoral Law. Article 46 (1)(a) of the impartial manner)6; the Office of the Ombuds- Constitution states that elections shall be based man7 (established by the Ombudsman Act, 1990 on the Proportional Representation (PR) electoral with a mandate covering human rights violations, system. Namibia has a bicameral parliament with which includes the protection, promotion and the use of voluntary party quotas and legislated enhancement of respect for human rights in the quotas at the sub-national level. country); and the National Youth Council (res- ponsible for the empowerment of youth). The National Assembly: The table shows that 96 out of 104 seats are distributed among parties based on the percentage vote that they garner in the elections (i.e. on a PR basis). The remaining Electoral system and quotas eight seats are special appointments by the President designate to marginalized groups and persons with disability. There is no Constitutional Namibia is a unitary democratic republic with quota for the National Assembly. The ruling South three spheres of government: national, regional West African Peoples Organisation (SWAPO) has and local. The electoral system for Namibia and elected to use the “zebra” (one man, one women's participation are spelled out in the woman) system for their party lists. Criteria Number Electoral system Special provisions Elected from provinces (10 96 PR None candidates x 9 provinces) Marginalised groups (youth, 8 Special appointments by the Marginalised groups women, persons with disability) President TOTAL 104 Local government Regional and local government are enshrined in Chapter 12 of the Constitution. There are 14 regional councils and 57 unitary local authorities. The last regional and local authority elections were held in November 2015. The next regional and local authority elections will be held in 2020. The main governing legislation at local level is the Local Authorities Act 1992 and the Regional Councils Act 1992. Namibia has a minimum 30% requirement for women in local government. The Local Authorities Act 1992 states that: Namibia President Dr Hage Geingob votes during the November 2019 elections. “The members of a local authority council Photo courtesy of Electoral Commission of Namibia shall be elected on party lists at a general election and each party list shall contain as National Council candidates for such election: a) In the case of a municipal or town council consisting of 10 or fewer members or a Each of the 14 regions of Namibia elects three representatives to serve on the National Council 6 Electoral Commission of Namibia, core values accessed from https://www.ecn.na/about- (42 in total). The last regional council elections us/ on 5 May 2020 7 John Waters, The Constitutional Mandate of the Namibia Ombudsman, accessed on were held on 27 November 2015 and the next will 5 May 2020 from https://www.kas.de/c/document_library/get_file?uuid=11ac0afe- 8 65d7-745c-3a7a-e4b11adf1dd4&groupId=252038 be held in 2020 . 8 Electoral Commission of Namibia, Voter education, 2019 3 village council the names of at least three mendation of the Boundaries Delimitation and female persons; Demarcation Commission9. The election of mem- b) In the case of a municipal council or bers of the regional councils is through secret town council consisting of 11 or more ballot of the First Past the Post (FPTP) system. Each members the names of at least five region is divided into constituencies. The boun- female persons.” daries are fixed by the Boundaries Delimitation and Demarcation Commission in accordance This requirement in the law is strictly enforced by with the provisions of an Act of Parliament and the Electoral Commission of Namibia (ECN). Party the Constitution. Regional Council elections are lists are not accepted during the nomination held every five years10. period unless they comply with these legal pro- visions. Political parties Regional councils Since no legal quotas are applied at national Namibia's 14 regional councils are established and regional levels, the advancement of women's under Article 104 of the Constitution. The boun- representation is dependent on the adoption daries of regions and constituencies is determined and implementation of voluntary quotas by the by the President by Proclamation on the recom- political parties. Gender analysis of 2018 election manifestos GENDER SPECIFIC REFERENCES GENDER MAINSTREAMED IN QUOTA IN MANIFESTOS MANIFESTOS SWAPO The ruling party, SWAPO, SWAPO pledged to uplift the dignity • SWAPO states that as part of development adopted a 50% quota for of women in line with the Namibian the party will promote equity, equality, gender women's at national and Constitution which states that “every balance and empowering women, youths, regional level in 2013.