Domestic and international law contradictions in Zimbabwe’s gender quota system

Abstract

In 2013 Zimbabwe adopted a gender quota system for the National Assembly. However, the quota system is set at 30 per cent, contrary to international law obligations domesticated under section 17 of the 2013 Zimbabwean Constitution, which requires women to constitute at least half of all elected and nominated positions of power. While the Constitution further allows women to compete for first-past- the-post (FPTP) parliamentary seats, there are neither constitutional measures to ensure that women win FPTP seats, nor mechanisms to transition women from quota seats to FPTP seats. While the gender quota and FPTP constituency seats have increased the number of women in Parliament, they have decreased the number of women nominated and elected for FPTP seats. The quota parliamentarians are not voted by the electorate, lack a link to constituencies, and are not entitled to constituency funds. Each political party applies discretion in the nomination of women for quota seats, exposing them to exploitation and corruption. This negatively affects the quality of quota parliamentarians and, in turn, their transition to constituency seats. The article suggests that Zimbabwe extend the proportional representation electoral system and Zebra system applicable in the election of senators to the election of members of parliament. This will facilitate the alignment of Zimbabwe’s political representation gender equality commitments with its constitutional and international law obligations.