Working session Addressing the gender funding gap1 Barbara Jouan Stonestreet Political Finance Expert French National Commission for Control of Electoral Accounts and Political Finance INTRODUCTION Throughout the world, it is a general phenomenon that the number of women elected to office remains significantly lower than the number of men. As mentioned in the International IDEA Handbook on Political Finance,2 “in 2013, women held 21 percent of parliamentary seats worldwide, up from 15 percent a decade ago.” If these numbers show an improvement in the situation, the percentage of elected women remains low. Different international declarations, conventions and resolutions have set out the normative framework on women’s participation and have affirmed the necessity to achieve gender equality and ensure women’s empowerment. The main international instruments are: - the Convention on the Elimination of Discrimination Against Women (CEDAW) which requires state parties to “take all appropriate measures to eliminate discrimination against women in the political and public life of the country”3, including through temporary special measures; - the 1995 Beijing Platform for Action, the Millennium Development Goals (MDGs); - Rec(2003)3 of the Committee of Ministers of the Council of Europe to member states on balanced participation of women and men in political and public decision making;4 - the Beijing +20 Campaign.5 1 Parts of this paper are taken from the International IDEA and the Netherlands Institute for Multiparty Democracy Report on Political Parties’ financial approaches to promote gender equality, “Report on the Tunisian political parties’ practice during the 2014 elections to promote gender equality: Reality and Prospects”, April 2015. 2 p. 301 of International IDEA Handbook on political finance available at : http://www.idea.int/publications/funding-ofpolitical-parties-and-election-campaigns/ 3 1979 United Convention on the Elimination of All Forms of Discrimination against Women, Article 4.1. 4 Articles 3, 4 & 5 read that States should “consider adopting legislative reforms to introduce parity thresholds for candidates in elections at local, regional, national and supra-national levels. Where proportional lists exist, consider the introduction of zipper systems; consider action through the public funding of political parties in order to encourage them to promote gender equality; where electoral systems are shown to have a negative impact on the political representation of women in elected bodies, adjust or reform those systems to promote gender-balanced representation.” 1|Page Different factors contribute to the existence of gender inequality in politics and the increased understanding of issues surrounding funding of political parties has also shown the link between political finance and women’s participation in politics. Indeed, one of the main reasons of such gender inequality is the lack of access by women to financial resources for entering into politics. Of the different types of obstacles that can be encountered by women throughout the electoral cycle (political, historical, economic, cultural or social factors), the nature of the electoral system plays a role in women’s access to financial resources within their parties and can affect the extent of women’s representation. In majority systems where campaign fundraising is focused on one single candidate, women will have to prove that they can win the race and gather their own resources, mainly private. On the other hand, in proportional systems, women candidates are part of a candidate list whose campaign expenses are usually taken care of by their party or mutualized. It is worth highlighting that despite the existence of international instruments and the growing awareness of gender inequality in the political and electoral fields, a very few numbers of countries have adopted legislation connecting gender equality with political finance.6 This paper will specifically focus on how to use public funding as a tool for enhancing gender equality. TYING POLITICAL FINANCE REGULATIONS TO GENDER EQUALITY Money is needed for competing in most political systems today and necessary to reach out to voters. One of the main goals of political finance regulation is to achieve free and fair competition between political parties and candidates by creating opportunities for electoral contestants to compete on a level playing field and ensure a transparent display of the financial background of any actor competing for a political mandate. However, election laws and normative frameworks can lead to gender inequalities when unequal access to campaign funding contributes to an uneven political playing field. The adoption of political finance regulations containing gendered provisions can help reduce the gender gap by ensuring the opportunity for all candidates to compete on an equal footing. In parallel of the adoption of legislated measures, initiatives and measures adopted by electoral stakeholders, such as political parties or Civil Society Organizations (CSOs) through non-legislated measures, can also help level the electoral field by supporting 5 6 http://beijing20.unwomen.org/en See questions 27 and 28 of the IDEA political finance database available at: http://www.idea.int/political-finance/ 2|Page political financing for women through, for instance, trainings, capacity building projects, and fundraising support. Legislation on political finance can contain gender-neutral regulations which do not directly aim at reducing the gender gap but help do so (such as setting bans and spending limits, capping and/ or limiting certain types of contribution or imposing specific disclosure mechanisms) or specifically target gender-equality initiatives. Legislation targeting the campaign period (gender neutral) Public funding for enforcement of quota provisions and candidate Incentives Legislation targeting gender equality initiatives • Spending bans and limits for political parties and/or candidates • Contribution bans and limits for political parties and/or candidates • Media access • Time limit on length of campaign period • Disclosure and oversight of political parties and candidates • Public funding reduced for parties that fail to nominate a certain number of women according to quota laws • Funding withdrawn from parties that fail to elect a certain number of women • Additional funding distributed to parties that nominate a certain number of women • Additional funding distributed to parties that get a certain number of women elected • Funds earmarked for training and promotion of gender equality • Women’s wing or caucus funding • In-kind costs and incentives, such as use of campaign funds for childcare Cf: Ballington, Kahane, Table developed in the International IDEA Handbook on Political Finance, Stockholm, International IDEA, 2014, p.310. In order to address gender imbalance in the electoral field and the political decision-making process and to contribute to the political empowerment of women, some countries have introduced gender quotas for public elections.7 Electoral quotas generally set a minimum threshold for women, and may apply to the percentage of women candidates on party lists, or may take the form of reserved seats in the legislature. One critical element to look at and take into consideration very carefully in this regard is whether the rank order of the candidates on the lists is regulated, so that women candidates are not just placed at the bottom of the lists. However, gender quotas have an actual and effective effect only if they are linked – directly or indirectly – to the allocation of public funding. According to International IDEA’s political finance database, very few countries around the world (covered and included in the International IDEA political finance database), have adopted reforms that directly target 7 See the International IDEA Quota Project, available at: http://www.quotaproject.org/aboutQuotas.cfm “Quotas for women entail that women must constitute a certain number or percentage of the members of a body, whether it is a candidate list, a parliamentary assembly, a committee, or a government. The quota system places the burden of recruitment not on the individual woman, but on those who control the recruitment process. The core idea behind this system is to recruit women into political positions and to ensure that women are not only a token few in political life.” 3|Page gender equality8 by tying public funding to gender equality. In those countries, different approaches have been implemented: Type of approach Example 1/ Financial incentives in the form of: Georgia additional public funding for political parties meeting → Political parties with at least 20% of either gender on its legal criteria such as list receive an additional 30 % funding including a certain number or percentage of either Romania gender on their candidates’ → State funding will increase in proportion to the number lists (Georgia case) or of seats obtained in the election by women candidates female elected candidates (Romania case) Canada Reimbursement of child care expenses incurred → Child care expenses incurred because of the election are because of and during an eligible for reimbursement and have to be reported in the campaign account election campaign 2/ Financial sanctions in the form of: Albania → each candidate list has to include at least one man and one woman candidate in the top three positions and in total comprise at least 30 percent of each gender. In case of non-compliance with the gender quota provisions, the Central Election Commission (CEC) shall impose a fine of ALL 1,000,000. France Withholding part of the public grant → If the gender difference among candidates is larger than 2%, the public funding is reduced by 3/4 of this difference Article 9 of the 1988 Law on Political Party Financing states that "where, for a given political party or group, the difference in the number of candidates of each gender having declared an affiliation with the party or political group for the last general election to the National Assembly exceeds 2% of the total number of such candidates, the amount of the first instalment allocated to that party or group is reduced by a percentage corresponding to 75 % of this difference in proportion to the total number of candidates" Serbia Denying registration of the list and thus the allocation → The candidate lists of political parties must include at of public funding least 30% of candidates of each gender. Parties not complying cannot participate in election processes at all and therefore cannot access public funding Imposing fines 8 See p. 309 of the International IDEA Handbook on Political Finance, available at: http://www.idea.int/publications/funding-of-political-parties-and-election-campaigns/. 4|Page CASE STUDIES AND AVENUES FOR REFLECTION If a small but growing number of countries around the world have made a connection between the provision of public funding and the presentation of (more or less) genderbalanced candidate lists, the truth is that the representation of women in elected institutions is still very low. Two arguments can be raised to explain this situation: existing provisions are not effectively implemented and innovative approaches are needed to improve the situation. As mentioned in the Guidelines on Political Party Regulation by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Council of Europe’s European Commission for Democracy through Law (Venice Commission):9 “A requirement for gender balance can be enacted with regards to political finance, as public financial support is not a right of political parties but an advantage offered to them. [Appendix to Recommendation (2003)3] states that: “Member states should consider adopting legislative reforms to introduce parity thresholds for candidates in elections at local, regional, national and supra-national levels. Where proportional lists exist, consider the introduction of zipper systems; consider action through the public funding of political parties in order to encourage them to promote gender equality.” The below case studies aim to show the effects and impact that public funding has or has not had in terms of gender equality. → Romania → Tying public funding to gender equality Principle: State funding is increased in proportion to the number of seats obtained in the election by women candidates. Actual situation: This provision did not seem to have any effect on the number of women elected in Parliament during the 2012 parliamentary elections. The OSCE/ODIHR Election Expert Team Final Report on the 2012 Romania Parliamentary elections underlined that “public funding can be increased in proportion to the number of women elected to the parliament, but this does not appear to have stimulated their greater participation; according to final results, less than 7 per cent of Senators (12 of 176) and some 13 per cent of Deputies (55 out of 412) are women.”10 → Neither the amount of the additional public funding nor the percentage/ number of elected women are specifically mentioned in the law. Thus, despite the linkage between the allocation of public funding and the number of elected women, the gender provision does not constitute a financial incentive for political parties. 9 Footnote 71, p. 106. http://www.osce.org/odihr/77812?download=true Report available at: http://www.osce.org/odihr/elections/98757?download=true 10 5|Page Solution: Introduction of clear gender quotas for allocation of public funding. The additional public grant allocated should be clearly defined and should be linked to the percentage/ number of women elected to Parliament. → France → Introducing gender quotas Principle: Political parties are required to comply with the compulsory 50 per cent gender parity provision and to ensure the equal representation of men and women on their lists of candidates/ ticket of candidates for local elections. Candidates and lists who do not comply with this obligation are denied registration. Actual situation: During the last local elections, which took place in March 2015, political parties had to put forward a ticket of candidates – a man and a woman -in accordance with Articles 3 and 4 of the Constitution. However, this gendered provision did not translate into the number of women chairing local councils. Thus, out of the 100 departments, only 10 are currently led by a woman. → The gendered provision does not apply to all stages of the local election process leaving thus the election of the presidents of the local councils in the hands of the bigger political parties. Solution: The compulsory 50 per cent gender parity provision should also apply to the election of the presidents of the local councils. It might also be proposed that part of the public funding allocated annually to political parties be based on compliance with gender equality requirement in the composition of party lists at the local level (and not only at the national level). → Tying public funding to gender equality Principle: Financial penalties if the gender gap between male and female candidates exceeds 2% of the total number of such candidates for the last general election to the National Assembly. Actual situation: Since the introduction of these gender-related provisions, French political parties have chosen to pay the penalty rather than nominate more female candidates. During the 12 th legislature (2002-2007), parties lost 7 million EURO, during the 13th legislature (2007-2012), parties lost 6 million EURO and since the beginning of the 14th legislature (2012 to now), parties have lost annually 6 million EURO. → The French conception of politics is still very patriarchal and political parties are very resilient to the idea of gender equality (women candidates often compete in “unwinnable” constituencies). Legislative provisions are of little effect if the main stakeholders do not want to implement them. Solution: 1/ Introduction of sanctions which are deterrent to oblige political parties to comply with genderrelated provisions and which are linked to the allocation of public funding. 2/ Introduction of reinforced gendered criteria for allocation of public funding (the public grant will not be linked to the percentage of women candidates put forward by each party but to the number of elected women to Parliament). 6|Page 3/ Adoption by political parties of voluntary measures that aim to promote the role of their female members and create female leaders within the parties. However, this proposal might be considered as intrusive and an attempt to legislate internal party affairs. → Tunisia → Introducing gender quotas Principle: The 2014 Tunisian Election Law put in place a proportional representation system, requiring that all electoral lists alternate between female and male candidates. Actual situation: The Election Law did not mandate horizontal parity, or the appointment of female candidates to the head of the lists. As a result, few parties placed women at the head of their lists. Thus, if out of the 9,549 parliamentary candidates 4,527 were women (47.4%); only 148 lists (11.2%) out of 1,326 were headed by a woman. 72 MPs out of 217 are women representing 31.3%. → The main problem in 2014 was that with the large number of constituencies (27 for Tunisia and 6 for Tunisians living abroad) and the important number of lists in each constituency, it was often only the head of any list who was elected. Solution: Introduction of legal quotas forcing political parties to alternate women and men on the candidate list (vertical parity) and to alternate women and men at the top of lists in part or all constituencies (horizontal parity). → Tying public funding to gender equality? Principle: The 2011 Decree Law on Organizing Political Parties does not contain any provisions tying the level of direct public funding to gender equality amongst candidates. → There is currently no public funding for enforcement of gender quota provisions. Solution: 1/ Introduction of gendered criteria for allocation of public funding. For example, the amount of public grant should be linked to the enforcement of gender quotas, i.e. the percentage of women candidates put forward by each party and/ or elected to Parliament; 2/ Introduction of effective accountability and transparency mechanisms, including disclosure of gender disaggregated data, in order to compare men’s and women’s fundraising and spending and to check whether funds allocated within the party are equally distributed between men and women candidates, respectively. 7|Page