By Drude Dahlerup, professor of political science, Stockholm University

As a researcher of electoral gender quotas, I am often asked, which type of gender quotas will increase women’s political representation the best: Legal gender quotas or voluntary party quotas?

Our research on electoral gender quotas around the world has shown that there is no general answer to this important question. There are many different types of gender quotas, and it is crucial to study how they function in different political systems, as we have done in Dahlerup (ed.): Women, Quotas and Politics (Routledge 2006).

A quota system that does not match the electoral system in place may remain purely symbolic and will leave all quota advocates very frustrated, as in the case of France at the national, although not at the local level, see.www.quotaproject.org

These are the important questions: First, who has the power to introduce gender quotas? Second, which system, legal or voluntary, gives the best result for women’s political empowerment on a short term basis and in the long run?

Gender quotas introduced by law or constitutional amendment, which is the preferred quota type in Latin America and in many other countries, has the advantage of applying to all political parties in a country. Legal quotas also allows for legal sanctions for non-compliance - most effectively, we know now, if the Electoral Commission has the authority (and uses it!) to reject lists without a sufficient number or percentage of women.

In contrast, voluntary party quotas imply that one or more political parties in a country on their own initiative introduce gender quotas in their own statutes. Only sanctions available are pressure from the central party organisation and from public exposure, if a local nominating body does not comply with the party rules on quota. Constant pressure from women’s organisations and caucuses are needed to implement gender quotas.

Obviously, it takes a majority in parliament to introduce legal gender quotas, whereas voluntary party quotas may start with one party only - usually the most gender sensitive party. At best this will start a chain reaction, which gives the demand for gender quota in other political parties legitimacy and strength, because of the competition between political parties.

Some see legal gender quotas as coming from above, leaving potential women candidates unprepared. However, seen from the point of view of local party organizations, also voluntary party quotas may come ‘from above’. However, in both cases quotas are usually result of strong pressure from women’s organizations and other forces sympathetic to the claim of gender balance in politics. This mobilization as well as the whole debate on why women are under-representation, is very important for the outcome of the introduction of quotas. Pressure from the international community is important, too, but local organizations should be part of this process in order to create a long time result in terms of the empowerment of women.

The essence of electoral gender quotas is to force political parties and other nominating bodies to seriously start recruiting also women candidates for election.

Contrary to what many quota advocates believe, legislated gender quotas for election were never introduced in the Scandinavian countries. The high number of women in the Swedish and the Norwegian parliaments (38 and 47%) was reached through a long historical process of pressure within the political parties, from the 1980s and 90s adding voluntary party quotas.

ANC in South Africa is another example of successful voluntary party quotas. In Bosnia voluntary party quotas was replaced by legal quotas because of lack of results. So there is no general conclusion on what is best.

However, in countries that already have instituted legal quotas on account of for instance ethnicity or religion, like Lebanon, Jordan or India, legal gender quotas are probably the best. Also in semi-democratic countries and in countries without political parties, advocates should go for gender quotas through legislation or decree. But as the cases of Belgium and the many Latin American countries with legal quotas show, legal gender quotas may work well in democratic countries.

Dear Claire,

With 48.8% of women elected in parliament, Rwanda reached the highest quota on women's parliamentary representation, higher that 45.3 per cent achieved in Sweden. Rwanda achieved such high numbers of women’s parliamentary representation despite the fact that Rwandan Constitution only requires 30 per cent of posts for decision making organs on the national level and 20 per cent of posts on sub-national level to be allotted to women.

In some countries political parties establish internal quotas for women on their party lists. For example, Swedish Social Democratic Labour Party and Green Party of Sweden require 50% quota for women on their party lists, while the Left Party of Sweden requires at least a minimum of 50% quota for women on its party list. According to the survey “Politics: Women’s Insight”, published by the Inter-Parliamentary Union, one or more political parties in Australia, Austria, Canada, Ecuador, Germany, Norway, Sweden, and the United Kingdom require 50% of their party lists, either formally or traditionally, to be comprised of women. The most notable of these countries is Norway where all political parties require 50% quota for women in their party lists.

Interestingly, the Election Law in France, adopted in 2000, mandated that the parity reform (50-50%) to be applied to all elections with a proportional ballot.

For more information about the implementation of quotas, please visit the International IDEA’s Global Database of Quotas for Women - http://www.quotaproject.org/aboutQuotas.cfm
You can also find an interesting summary and analysis about quotas for women around the world in the following publications:

“From A Men’s Democracy Towards A Real Democracy” written by Selen Lermio lu Yılmaz - www.esiweb.org/pdf/esi_turkey_tpq_id_88.pdf

“Getting the Balance Right in National Parliaments” published by the Women’s Environment and Development Organization- http://www.wedo.org/files/5050factsheet4.pdf

“The Argentinean Women's Experience: From the First Quota Law in the World to the Feminist Power” published by the Women’s Environment and Development Organization http://iknowpolitics.org/en/node/2294

Strengthening Women's Participation in the Inter-Parliamentary Union (Excerpt from Implementing Quotas: European Experiences) published by the International IDEA http://iknowpolitics.org/en/node/311

The Implementation of Quotas: Latin American Experiences published by the International IDEA - http://iknowpolitics.org/en/node/140

The Implementation of Quotas: African Experiences published by the International IDEA - http://iknowpolitics.org/en/node/141