Amber Route

International Election Law Update: Women’s Political Equality at Risk in the New Egypt
“As existing governments scramble to change and new governments emerge, all must commit to respecting women’s equality, both in law and in practice. But women will only have that equality if they actively engage in all the negotiations and decisions taking place during this time of transition.”
Human Rights Now, March 8, 2011
Within days of the revolution that ousted Hosni Mubarak from his 30 year rule of Egypt, helping to incite the “Arab Spring” that is still roiling the Middle East, concerns were being raised about the impact of “democratization” on the rights of women. Legal and advocacy groups voiced repeated warnings that without vigilance by the international community, women and women’s rights would largely be excluded from the new democracy.
Regrettably, the procedural and substantive revisions proposed to Egypt’s Constitution and Election Laws are proving these fears true.
“Did the Egyptian revolution erupt to take Egyptian women a step backward?”
The Daily New Egypt, April 18, 2011
First, women were excluded from the Constitutional Committee assembled to formulate amendments to Egypt’s constitution, including laws effecting eligibility for president and the supervision of elections. This was decried by dozens of Egyptian organizations. Yet the March referendum passed, approving constitutional amendments affecting political rights that were written exclusively by men, and which make no mention of equality for women. Indeed, Article 7, which prohibits discrimination, is silent on gender: “All citizens are equal before the law.They have equal public rights and duties without discrimination on grounds of race, ethnic origin, language, religion or creed.” Women stood side by side with men and saw their own blood spill in the popular uprising, only to be sidelined by those male counterparts in the post-Revolution rebuilding.
Subsequent to the constitutional referendum, Prime Minister Essam Sharaf sacked 20 governors; in response, he said, to popular demand to rout corruption. Not a single female replacement was appointed and once again, women’s rights groups issued outraged responses.
The most recent move to marginalize women from the political process comes out of the effort currently underway to amend the Exercise of Political Rights Law, which will regulate Egypt’s first Parliamentary elections since the revolution. The experts and military council tasked with amending the Law had proposed to cancel the women’s quota– a system which allocated 64 seats – or 12% – of Parliament to women. An unnamed source reportedly provided this justification: “The existence of such a quota might also provide Parliament membership for feminist elements that are not suitable for the task.”
For now, it appears the council has punted the decision on whether to cancel the quota to the new Parliament, which is scheduled to be elected this September.
As Egypt moves away from the Mubarak regime, it is the legal community’s imperative to join in objecting to constitutional and statutory revisions and schemes that debilitate women’s ability to participate in the new democracy. The Parliament that is elected in September is required to write a new Constitution – the global community should have all eyes on what is happening then.
About the Author
The Law Office of Amber Rose Maltbie is a unique, California based political law practice specializing in campaign finance compliance and disclosure, lobbying rules, and governmental ethics. The firm also specializes in the intersection between international election law, gender issues, and women’s political participation. We are available to consult on elections, campaign finance statutes, and civic participation programs to promote women’s involvement in government and politics. For more information, visit us at www.ambermaltbie.com
Baltic Amber
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