Is the New Political Parties (Amendment) Act, 2019 a blessing for Women and PWDs?
By Victoria Lihirui
Fears, worries and concerns on the implications of Political Parties (Amendment Act), 2019 (PPA Amendment) on the state of multiparty and competitive democracy in Tanzania are well documented.ii After all is said and done, the registrar of political parties (RPP) communicated to the public that the PPA Amendment is now operational.iii As the new Act puts forth additional provisionsiv to regulate political parties which are the main gatekeepers of elections, a critical analysis on its implication in promoting meaningful participation of women and people with disabilities (PWDs) in electoral politics is of utmost importance.
With the new PPA Amendment, no political party shall qualify for provisional registration unless ‘its membership is voluntary and open to all the citizens of the United Republic without discrimination on account of… gender and disability.’ Although the RPP supervises the administration and implementation of the Act,v the new law provides little guidance on how the registrar will measure compliance of gender and social inclusion provisions in deciding whether to grant provisional registration. The Act prohibits a person to form a political party if, within five years before making an application, that person has been sentenced or convicted on, among other things, offences relating to gender-based violence (GBV).vi It is noted that violence against women in elections and politicsvii is one of the main reasons for fewer women in electoral politics.
Knowing how extensive this topic can be, I will deliberately skip the problematic nature of the GBV provision for future analysis.
After getting provisional registration the political parties are required ‘to be managed by adhering to the Constitution of United Republic of Tanzania, Constitution of Zanzibar, this Act, political party’s constitution, principles of democracy, good governance, non-discrimination, gender and social inclusion.viii This provision also maintains silence on the benchmarks for measuring compliance to gender and social inclusion by political parties.
In course of its operation, political parties are required to ‘promote the union of the United Republic, Zanzibar Revolution, democracy, good governance, anti-corruption, national ethics, and core values, patriotism, secularism, uhuru torch, national peace and tranquility, peace, gender, youth, and social inclusion in the a) formulation and implementation of its policies, b) nomination of candidates for elections and c) election of its leaders.’ixThis is a very progressive provision in promoting intra-party compliance to gender and social inclusion. It directs the RPP on the key aspects to scrutinize when determining compliance to gender and social inclusion by the political parties.
There are other roles that the RPP has which may be also used to enforce provisions on gender and social inclusion. The RPP may at any time call for any information from the political party in course of overseeing the implementation of the PPA.xThe information that may be demanded by the RPP may include party’s constitutions, guidelines, strategies and party registers on its members, party leaders, and leaders of the governing organs.xi
The RPP also monitors intra-party election and nomination process.xii As noted above, this role can be administered with a view to, among other things, check political parties compliance to gender and social inclusion provisions in its policies, leaders and candidates. But the issue of concern remains the same, what benchmarks or metrics will be used by the RPP to determine whether the political party has complied with the gender and social inclusion provisions.
Political Parties form their own leadership, formulate internal policies and set governance priorities. This places parties as strategic and crucial partner for furthering meaningful participation of women and PWDs in electoral politics.xiii To tap into that potential, and bearing in mind that most parties are some sort of ‘old boys club,’ international practices require the laws that govern political parties to include an indicative quota or number of women and PWDs that needs to be reflected in party’s leadership and candidates lists.xiv But, the new PPA Amendment contains general provisions on gender and social inclusion, without clear indication on the enforcement mechanisms.
Elsewhere, the new PPA Amendment requires political parties to be ‘formed to further the objectives and purposes that are not contradictory to the Constitution of United Republic of Tanzania,xvconstitution of Zanzibar and any other written law of the united republic.’xvi The Constitution of the United Republic of Tanzania (CURT), 1977 covers different benchmarks in promoting gender inclusion in electoral politics. The popular and highly contested thirty per cent special seatsxvii and fifty per cent of women among the ten members of parliament appointed by the President are the key benchmarks. xviii
It is observed that across the Constitution, disability is mentioned only once as a consideration that the state authority needs to take and make appropriate provisions for realization of a person’s right to work, to self education, and social welfare.xix The other inference to PWDs inclusion in all aspects, and presumably in electoral politics, is found in the general equality and nondiscrimination provisions.xx Gender is also included therein.
As the PPA Amendment becomes operational, political parties are supposed to align party policies with the requirements of the new Act, including complying to the gender and social inclusion provisions.xxi The silence of PPA amendment on the level and extent of compliance, and the direction to further the objectives of the Constitution, provides the political parties with three constitutional options. First and second options are to amend their governing documents to provide either thirty or fifty percent of women in party leadership, and nomination of candidates in line with the Constitution. Third, maintaining or amending party policies to provide for general equality, nondiscrimination, gender and social inclusion provisions also in line with the Constitution.
The first and second options can be easily dismissed by political parties by arguing that thirty and or fifty percent only applies to the parliament and enforced by National Electoral Commission or the President, respectively. And, thus, cannot guide intra-party election or nomination of candidates. Hence, parties are left with the freedom to end up with superficial, loose and hard to implement provisions on gender and social inclusion.
It should be noted that, since the beginning of multiparty politics in Tanzania and the commencement of the Political Parties Act 1992, political parties’ constitutions, manifestos, rules and regulations have been consistently silent with no meaningful provisions that advances effective participation of women and PWDs in electoral politics. Probably drafters of political parties’ policies were also crowded by the mentality I noted from one of the commentators from one of the notable human rights-based organizations in Tanzania. As he was leading a team in a joint analysis on key gaps in the proposed PPA, and when concerns that the analysis has not captured gender dynamics, the commentator confidently noted that the Act had nothing to do with gender and social inclusion, it is all about human rights and good governance.
His remark got me back to my senses. It reminded me that patriarchy is real. Gender insensitive party policies have led to male-dominated-party-leadership positions, witnessed even within the ruling political party, Chama cha Mapinduzi (CCM), and key opposition parties such as Chama cha Demokrasia na Maendeleo (CHADEMA), Civic United Front (CUF) and Accountability for Transparency (ACT-Wazalendo).xxii As much as all candidates have to emerge from political parties as the only avenues for political participation, parties have become gatekeepers for accessing electoral posts. Gender insensitive political parties’ policies have also led to male-centered-party candidates’ nominations for electoral positions.xxiii
There are incidences where women have failed to be nominated because of their gender or for other reasons which are, prima facie, to the eyes of reasonable men, gendered. When the political competition gets harder, women suffers two-fold. First, political parties tend to go for the strong candidates, and when this happens, men get a natural ill-founded preference.xxiv Second, in constituencies where party’s analysis depicts losing as a guarantee, political parties would just choose a woman candidate to carry the cross.xxv Despite the fact that political parties have many women as their followers, use women as mobilisers, fundraisers and campaigners,xxvi the women who are nominated to stand for elections usually get little moral and financial support.xxvii
The silence of PPA Amendment on quota or number of women and PWDs to be included in the party’s leadership and candidates’ nominations gives room for parties to decide how and to what extent they can comply with the provision on gender and social inclusion. With no compliance metric, political parties will just accept and keep in their register majority of women and PWDs as their members, put few of them in party leadership positions, and further fewer of them as candidates, with no meaningful integration of gender and disability mainstreaming.xxviii As it has been noted above, this subtle superficiality is precedented.
Schedule I of the PPA Amendment already gives an indication that political parties will just do a superficial and cosmetic inclusion of women and PWDs. It is noted that, the proposed checklist for key provisions to be included in the political parties’ constitutions, does not include a provision on gender and social inclusion. This confirms that, on top of the silence of the PPA Amendment on the benchmarks for measuring gender and social inclusion compliance, the Act is not keen to guide the parties on how they should implement the gender and social inclusion provisions. It can only be speculated that Schedule I presumes that the gender and social inclusion provisions will be mainstreamed within the other clearly stipulated proposed provisions.xxix Not a very comprehensive strategy for an Act that governs political parties, which are mainly and originally male-dominated.
Financial support for women candidates is also reported as a great challenge for women to access electoral politics. As the registrar disburses and monitors accountability of government subventions and issue guidelines on the political parties’ income, expenditure and accountability of resources,xxx the envisaged Political Parties Regulations should stipulate clearly how such funds should be used to advance women and candidates with disabilities to have meaningful participation in electoral politics. This is not to affirm any undemocratic or dictatorial meddling of the internal affairs of political parties through the wide discretionary powers of the registrar, but to ensure that it is the rule of law that protects and promotes the participation of women and PWDs in such a patriarchal political system.
On the other hand, since the new PPA Amendment mentions disability for the first time, uses the words non-discrimination, gender and social inclusion, individuals and institutions will be excited to provide technical trainings and support the parties to mainstream gender and social inclusion provisions in the party’s policies, leadership and candidates’ nominations. In line with that, the PPA Amendment calls for early planning to ensure that the registrar is notified and has agreed to the training within 30 days after receiving the notification.xxxi Further, as the registrar provides and regulates civic education on multiparty democracy, research on political parties, party financing and multiparty democracy, xxxii intentional effort to ensure the designed civic education and research substantially includes issues for advancement of gender and PWDs inclusion as party’s members, leaders and candidates is necessary.
Finally, the role of the police force to protect, defend, and ensure safety in political meetings, not only for the sake of women and PWDs but for everyone, needs to be strengthened and guaranteed to all parties given that political parties are prohibited to hire or deploy militia of security groups.xxxiii In rounding it up, the new PPA Amendment aspires for parties to comply with gender and social inclusion provision but missed a golden chance to include metrics for enforcement. For easy enforcement of gender and social inclusion provisions, the registrar must, in the envisaged regulations, set metrics for assessing compliance, otherwise the new PPA Amendment will be a great disservice to women and PWDs.
i Governance and Political Advisor-Institutions for Inclusive Development (I4ID); A member of the Faculty of Law of the Open University of Tanzania (OUT). Available at victorialihiru@gmail.com and https://www.facebook.com/victoria.lihiru.
iihttps://www.africanews.com/2018/12/17/inside–tanzania–s–repressive–amendments–to–political–partiesact//.https://www.thecitizen.co.tz/News/Movement–seeks–to–thwart–amendment–of–Political–PartiesAct/1840340–4884988–30mptgz/index.html.
iii The PPA was passed by the government on 29th January 2019, assented by the President on 13th February
2019, advertised in government gazette on 22nd February 2019.
iv The new PPA Amendment supplements the Political Parties Act [CAP 258 R.E. 2002], and they two should be read together as one. Section 1 of PPA Amendment.
v Section 3 (5) (a) of PPA Amendment.
vi Section 6 (B) (f) of PPA Amendment.
vii Refers to types of violence that exist in the exercise of political competition and governance in (at least nominally) democratic states and during democratization processes.
viii Section 6A (1) of PPA Amendment.
ix Section 6A (2) of PPA Amendment.
x Section 5 (B) (1) of PPA Amendment.
xi Section 8C of PPA Amendment requires political parties to maintain register of their members, leaders of all administrative levels, and members of each of the party organ.
xii Section 3 (5) (b) of PPA Amendment.
xiii Ballington, Julie. Expert Opinion: Strategies Used by Political Parties to Promote Women in Politics. iKNOW Politics. 2009. http://www.iknowpolitics.org/en/node/10028.
xiv Political Participation, accessed from https://www.un.org/womenwatch/osagi/wps/publication/Chapter3.htm on 7th April 2019.
xv Section 6 A (1).
xvi For this brief analysis I will capitalize on the objectives of the Constitution of United Republic of Tanzania.
xvii Article 66 (1) (b) of the Constitution of United Republic of Tanzania Cap 2 RE 2002.
xviii Article 66 1) e), ibid.
xix Article 11 (1) ibid.
xx Article 12.-(1) ibid. All human beings are born free, and are all equal. (2) Every person is entitled to recognition and respect for his dignity. 13.-(1) All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law. Article 9 (g) and (h) requires Government and all its agencies accord equal opportunities to all citizens, men and women alike without regard to their colour, tribe, religion or station in life; (h) that all forms of injustice, intimidation, discrimination, corruption, oppression or favouritism are eradicated.
xxi Section 8 (D) of PPA Amendment, the registrar has mandate to look on the constitution of any political party, establish key gaps in line with the requirements of the Act, nature and reasons of the needed amendments and demand a political part to amendment within six months.
xxii In CCM, Chairperson, vice chairperson, party secretary, and party’s spokesperson are all men (Hon. President John Magufuli, Philip Mangula, Bashiru Ally, and Humphrey Polepole, respectively). The main opposition party leadership chairperson, vice chair, party secretary, party spokesperson, and chief whip are all men (Freeman Mbowe, Abdallah Safari, Vicent Mashinji, Tumaini Makene, and Tundu Lissu, respectively).
xxiii During 2015 general elections, there were 1,250 candidates (1,012 men, 238 women), accessed from http://archive.ipu.org/parline/reports/2337.htmon 7th April 2019.
xxiv This is well explained by the Tanzanian 2015 general election, where women aspirants faced additional challenges during the creation of the opposition parties’ coalition, known as Umoja ya Katiba ya Wananchi (UKAWA), when the main opposition parties and several other smaller opposition parties came together to field joint candidates. With the intention to win over the ruling party candidate, UKAWA felt extra pressure to field their best, most competitive candidate who had the highest chance of electoral victory and, as such, most male candidates were chosen over female candidates. In the Segerea Constituency, for example, it was agreed in UKAWA internal meetings that the candidate for the CUF, Mr. Julius Mtatiro, should be the flag bearer instead of a woman, Ms. Anatropia Theonest from CHADEMA. Susan Lyimo from CHADEMA also lost over to Abdallah Mtulia then from CUF (Mtulia has now defected and continues to be Kinondoni MP through CCM).
xxv Rumour has it that Asia Msangi and Amina Sagiti were selected to compete in the Ukonga’s and Korogwe’s constituencies, respectively, in 2018 by-elections because CHADEMA knew pretty well that they will fail. Minimum moral and financial support was extended to these candidates. Source: Interview with undisclosed informer.
xxvi PEOPLE IN THE NEWS: Anna Senkoro’s indelible mark, accessed from https://www.thecitizen.co.tz/News/PEOPLE–IN–THE–NEWS—Anna–Senkoro–s–indelible–mark/1840340–3509770gqvih0/index.html on 7th April 2019.
xxvii Anna Mghwira ACT-presidential candidate for 2015 general elections, confirms to have been compelled to use her own funds to fund her campaign and little financial support could come from the party.
xxviii Section 8C of PPA Amendment requires political parties to maintain register of their members, leaders of all administrative levels, and members of each of the party organ.
xxix The included headings are (a) name of political party, abbreviation (if any), symbol (logo) and description of the party flag; (b) objective and ideology of the political party; (c) qualification and disqualification for membership of the party; (d) admission and cessation of members: (e) rights and duties of members; (0 disciplinary measures against members and leaders: intra-party resolution mechanism: (h) organization and structure of the party; (i) mandate to make and amend party constitution; t) mandate to make and amend party rules; (k) powers and functions of each party organ and leader (l) delegations of powers of each party organ and leader; (m) procedures for election of party leaders; (n) mandate and procedure of filling vacant posts; (o) frequency and quorum for meetings. {p) structure flor management of the party property; (q) number, nomination procedure and cessation of members.
xxx Section 3 (5) (c&d) of PPA Amendment.
xxxi Section 4 (5) (A) (1) of PPA Amendment.
xxxii Section 3 (5) (f) and (i) of PPA Amendment.
xxxiii Section 8E(i) of PPA Amendment.
