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GenderQuotaMexico 2004
GenderQuotaMexico 2004
Elected Bodies: The Gender Quota Law for Legislative Candidates in Mexico
Author(s): Lisa Baldez
Source: Legislative Studies Quarterly, Vol. 29, No. 2 (May, 2004), pp. 231-258
Published by: Washington University
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LISABALDEZ
Dartmouth College
Elected Bodies:
The Gender Quota Law for
Legislative Candidates in Mexico
In the past decade, 21 countries have adopted gender quota laws that requir
between 20% and 50% of all legislative candidates to be women. What explains t
adoption of these laws? I argue that three factors make politicians more likely
adopt gender quota laws. First, electoral uncertainty creates an opportunity fo
internal party reform that factions within a party can exploit to their advantag
Second, the courts play an important role because of the centrality of the issue
equal protection under the law to gender quotas. Finally, cross-partisan mobilizatio
among female legislators raises the costs of opposing such legislation by drawin
public attention to it. I examine these three claims with regard to Mexico, where t
federal congress passed a 30% gender quota law in 2002.
I'd give up my seat for you if it wasn't for the fact that I'm sitting in it mysel
-Groucho Marx
(quoted in Abdela 2001)
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232 Lisa Baldez
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Legislative Candidates in Mexico 233
TABLE 1
Gender Quota Laws for Legislative Candidates
at the National Level
Bosnia/Herzegovina1/3 na 1998
Macedonia 30% na na
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234 Lisa Baldez
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Legislative Candidates in Mexico 235
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236 Lisa Baldez
Existing Arguments
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Legislative Candidates in Mexico 237
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238 Lisa Baldez
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Legislative Candidates in Mexico 239
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240 Lisa Baldez
effort led by female party leaders Rosario Robles and Amalia Garcia
(Stevenson 2000, 207). Yet the party relied on primaries to select its
candidates for the 1991 congressional elections. Bruhn (1997, 180)
characterized the PRD's nomination process as "perhaps the most
democratic internal procedures of any party" in Mexico at the time. In
terms of the number of female candidates it nominated, however, the
PRD "came in dead last," tenth out of ten parties competing in the
election. The direct elections' negative impact on women prompted
Robles and Garcia to redouble their efforts at the 1993 party congress.
They persuaded the party to apply the 20% quota to candidate lists for
the PR spots for federal and state elections, a resolution that the party
voted to approve by a narrow margin (Stevenson 2000, 210). The PRD's
early experiences demonstrate the gendered dynamics between quota
laws and primaries in a context of heightened electoral competition.
The PRI had no internal elections in 1991 but still nominated very
few female candidates, putting it in ninth place (Bruhn 1997, 180). The
1991 elections were fiercely competitive because the PRI pulled out all
the stops to regain its hegemonic position; women fared poorly as a
result. After the election, the PRI sought to improve women's status
with a legislative measure to increase women's participation. On
September 11, 1993, the PRI-dominated Congress amended the electoral
law to read: "The political parties will promote, in terms determined by
their internal statutes, greater participation of women in the political life
of the country by way of their nomination for popularly elected posi-
tions" (Stevenson 1999). This law did not stipulate a formal quota and
included no enforcement mechanism. Later that year, the PRD upped
the ante by adopting a 30% quota for internal and legislative candidates,
which stipulated that one of every three candidates be of a different gender.
The party nominated more female candidates in 1994 than it had in
1991, but it still fell short of its own quota, with women holding approxi-
mately 25% of all nominations (Bruhn 1997, 180). The party's failure
to enforce its own quota led women to support a national law.
In the PRI, meanwhile, a series of crises that occurred in 1994
further enhanced the ability of groups within the party to reform the
statutes regarding candidate selection (Langston 2001). The Chiapas
rebellion and the assassination of presidential candidate Luis Donaldo
Colosio threw the party into chaos. At its January 1996 convention,
under the leadership of Maria Elena Chapa and a group called Women
for Change, the PRI approved a recommendation to field no more than
70% of candidates of the same gender on its electoral lists (Stevenson
1999). In November 1996, the PRI-dominated Congress wrote this
measure into law, amending Article 1 of the electoral law to read: "The
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Legislative Candidates in Mexico 241
political parties will consider in their statutes that the candidates for
deputy and senator will not exceed 70% for the same gender. They will
also promote greater political participation for women" (Stevenson
1999). The parties adhered to the quotas in a minimalist way, interpreting
the "no more than 70%" clause as a 30% ceiling for women and taking
advantage of Mexico's system of electing two candidates for every
legislative seat-aproprietario and an alternate, called the suplente-
to minimize the impact of the change. As mentioned earlier, women
were overwhelmingly nominated to positions as suplentes rather than
as proprietarios, a practice known as putting women in as "filling"
(mujeres de rellena).
During this period, women rose to prominent leadership positions
within the PRI and the PRD and, to a lesser extent, in the PAN. Within
the PRI, Maria de los Angeles Moreno became president of the Senate
in 1997, and President Zedillo appointed several women to his cabinet.
Beatriz Paredes became head of the peasants' sector, and Elba Ester
Gordillo, former head of the powerful teachers' union, led the popular
sector (Rodriguez 1998, 14). Women also ascended to key positions in
the PRD: Rosario Robles was the mayor of Mexico City, and Amalia
Garcia was elected president of the PRD.
Nonetheless, existing quotas had little effect. Despite a decade's
worth of efforts to increase women's representation, the percentage
of women elected to Congress decreased in the 2000 election, as shown
in Figure 1. One additional woman entered the Senate, but the
percentage of women elected to the House of Deputies dropped from
17.4% in 1997 to 16% in 2000 (the percentage of women later rose to
16.8% when several male deputies stepped down from their posts and
female suplentes took their places).
This reversal challenged assumptions that the election of women
would continue to increase over time, a realization that prompted feminist
legislators to intensify their efforts to pass an enforceable gender quota
law at the national level. According to Maria Elena Chapa, feminists
throughout the region realized that "in all the countries of Latin America,
the number of women [elected] was dropping each election. We had
93 female deputies, and now [as of 2002] we have 82. In all these
countries, why was the number of women falling, if we had been fighting
for this for so many years?"4 Awareness of a broader pattern of decline
fueled efforts to adopt quotas at home.
In this context of increasing electoral competition, the third major
party resisted efforts to adopt voluntary quotas. The National Action
Party formed in 1939 as a conservative Catholic party. Its base of
support comes traditionally from the proclerical west and west-central
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242 Lisa Baldez
FIGURE 1
Women in Mexican Chamber of Deputies, 1952-2003
25%
23.2%
20%
1744%
0 15% 16.0%
1s /14.1%
Q, 811.8%
0% 2.5
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Legislative Candidates in Mexico 243
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244 Lisa Baldez
Changes in internal party rules are part of the story, but nonelec-
tive branches of government also play an important role in the adoption
of gender quota laws. In Mexico, quota law opponents took the issue to
the Supreme Court, claiming that the quota law provision of a state-
level electoral law was unconstitutional on the grounds of equal protec-
tion. The Mexican Supreme Court ruled against this interpretation and
upheld the state-level quota law. Its decision undermined the opposition
to quotas and proved critical in the effort to pass a national law. The
following section examines this series of events in more detail.
On November 16,2001, the state legislature of Coahuila passed a
gender quota law as part of a set of reforms to the state's electoral
law. Coahuila is one of thirteen Mexican states that have added quota
provisions to their electoral laws, all since 2000.9 The Coahuila law
requires all political parties to promote gender equity and establishes a
quota of no more than 70% of either gender for candidates for the
single-member district deputy spots (Estado de Coahuila 2001).
On December 10, 2001, the National Action Party filed an action
ofunconstitutionality against the law, citing Article Four of the Mexican
Constitution and claiming that "to establish a fixed, maximum percent-
age of one gender constitutes a failure to consider the principle of
equality."?1 Filing constitutional claims against quota laws is not
unprecedented; courts found gender quota laws unconstitutional in
France in 1982, Italy in 1993, and Colombia in 2001. In the United
Kingdom, a quota adopted by the Labour Party was ruled illegal for an
industrial tribunal in 1995. The strategic considerations behind the PAN's
decision to file this claim are unclear, although it is likely that the PAN
viewed the gender quota provision as giving an electoral advantage to
the PRI, the PAN's main competitor in Coahuila. Moreover, the appli-
cation of the gender quota to single-member district elections consti-
tuted a significant constraint on candidate nominations, a greater
constraint than it would have had on multimember districts. Whatever
the PAN's motivation, the move clearly indicates strong opposition to
gender quotas on the part of the PAN's top national-level leadership.
One month later, on January 11,2002, the PAN leadership tried to
retract the case from the Supreme Court docket, acting under pressure
from women in the party and negative publicity from other women's
groups. In a press release, the party stated, "We have conducted a
scrupulous analysis that leads us to conclude that the claim under
consideration is out of step with the actions that the party has been
taking over the past few years to actively promote the participation of
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Legislative Candidates in Mexico 245
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246 Lisa Baldez
Cross-Partisan Mobilization
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Legislative Candidates in Mexico 247
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248 Lisa Baldez
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Legislative Candidates in Mexico 249
The law was implemented for the first time in the midterm legis-
lative elections for the Chamber of Deputies held on July 6, 2003. As
Figure 2 shows, all of the parties surpassed the 30% threshold for both
the single-member district and proportional representation districts. The
parties far surpassed the quota in the PR seats, with an average of
44% women across all the PR lists. Fear of being prevented from
nominating any candidates ensured that the parties filled the quota.
IFE Councilor Jacqueline Peschard stated in an interview that the parties
complied fully with the law and "even overcomplied ... because the
penalty [for failing to comply] was so severe."33
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250 Lisa Baldez
FIGURE 2
Quota Law Compliance, 2003 Election
60%
cA
u
v 30%
E
a)
0%
La
* Q QQ9
PP ;? ba
"p ,b
1?1,1 c
Although the parties did comply technically with the law, they
made ample use of the clause that exempts parties that hold primaries
from fulfilling the quotas. This exemption proved critical in the 300
SMDs. Overall, across the 12 parties competing in this election, the
majority of SMD candidates were designated by party leaders (78%)
and a minority were chosen in primary elections (22%). Within the
three major parties, however, almost half of the candidates were chosen
in primaries (49.4%) and slightly more than half were designated by
party leaders (50.6%). In other words, the quota law applied to only
half of the candidate slots for the three major parties. For the PRI,
the quota law applied to only a tiny minority of districts: 6 out of 300.34
The PAN applied the quota to half of its districts, and the PRD applied
it to 85% of its districts. Nevertheless, the parties nominated many
women in the "non-quota" districts. Figure 3 compares the percentage
of female candidates in the single-member districts to which the quota
applied with the percentage of female candidates across all single-
member districts, broken down by party.
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Legislative Candidates in Mexico 251
FIGURE 3
Percent Female Candidates in Quota Districts vs. All Districts,
2003 Election
60% -.......... ..
30%
& i;
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252 Lisa Baldez
occurred in Mexico is just one point below the average increase that
quota laws generate (Htun and Jones 2002).
Women expected public pressure to be a powerful tool to ensure full
compliance with the law, but it was not. The reason the parties complied
with the law was not because they feared public admonition. Instead, the
possibility of being denied the right to nominate any candidates for office,
a threat backed by the powerfully autonomous IFE, proved sufficiently
great to ensure full compliance-and to encourage many of the larger
parties to limit the number of districts in which they had to comply. The
fact that the quota law had a significant impact despite these limitations
warrants further investigation. A closer examination of these results
(my next project) will build on existing studies of the impact of quota
laws, both on the percentage of women elected to office and substan-
tive differences in terms of policy and legislative behavior (Gray 2003;
Jones 1996, 1998; Schmidt and Saunders forthcoming).
Conclusion
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Legislative Candidates in Mexico 253
NOTES
I am deeply grateful for excellent comments and suggestions from Jorge Dom
Mala Htun, John Carey, Leslie Schwindt-Bayer, Mona Lena Krook, Catherine
Sunita Parikh, Andrew Rehfeld, Steve Smith, Jerry Loewenberg, Rod Camp,
anonymous reviewers for LSQ. I thank Carolina Gomez, Jeff Weldon, and Je
for setting me up with contacts in Mexico City. Lisa Schnall, Maria Cristina
Shelby Wolff, Bryony Daugherty, and the students in my freshman seminar at
University did excellent work as research assistants. The Weidenbaum Cente
Economy, Government and Public Policy at Washington University, t
Rockefeller Center for Latin American Studies and the Freshman Seminar Pr
Harvard generously funded the research on which this paper is based. I p
versions of this paper at the University of Chicago Comparative Politics Sem
2002 Midwest Political Science Association Annual Meeting, The Universit
Political Science Department, the David C. Rockefeller Center for Latin A
Studies at Harvard University, and the 2003 American Political Science As
Meetings. Any remaining errors are my own.
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254 Lisa Baldez
1. As Drude Dahlrup (2003) points out, however, Denmark does not have
quotas but has the second highest percentage of women in the legislature.
2. Other forms of gender quota laws apply to subnational elections and reserved
seats set aside for women.
3. Carina Gobbi, "Reforma de la Constituci6n: Una Propuesta para la Democracia
Completa," fempress, <http://www.fempress.cl/192/revista/t_ur 01.html> December
15, 1997.
4. Maria Elena Chapa, interview, July 16, 2002, Mexico City.
5. La Jomada, "Exigen que el PAN Retire Propaganda," <www.jomada.unam.
mx/2001/oct01/011024/estados.html> October 3, 2002.
6. La Jomada, "Hubo Reacomodo de Tribus en el Congreso del PRD,"
<www.jomada.unam.mx/2001/mayO 1/010505/012nlpol.html> November 26, 2002.
7. The party also has quotas for young people and indigenous people. The
statutes require that one in every five plurinomial candidates be under the age of 30 and
that indigenous people hold a percentage of slots proportional to their share of the
population in each electoral district. The party statutes are available at www.prd.org.
8. La Jomada, "Las Impugnaciones contra el PRD," <http://www.jomada.
unam.mx/2001/sep01/010919/oriente-edit.htm> October 3, 2003.
9. Victor Fuentes, "Valida la Corte Cuota de Genero," La Reforma, <http://
www.laneta.apc.org/genero/cuotas.html> September 16, 2003.
10. An action of unconstitutionality requests judicial review of the constitution-
ality of state and federal laws.
11. Emesto Nunez, "Se Retracta PAN," La Reforma, <http://www.reforma.com/
nacional/articulo/159140/default.htm> November 26, 2002.
12. Victor Fuentes, "Acepta SCJN Recurso por Cuotas de Genero," La Reforma,
<http://www.reforma.com/nacional/articulo/162280/default.htm> November 26,2002.
13. El Univeral, "A Mujeres, 30 por ciento de Candidaturas," <http://www.el-
universal.com.mx/pls/impreso/version_himprimir?p_id=79906&p_seccion=2> Novem-
ber 26, 2002.
14. Victor Fuentes, "Valida la Corte Cuota de Genero," La Reforma, <http://
www.laneta.apc.org/genero/cuotas.html> September 16, 2003.
15. Ibid.
16. The law is named for its sponsor, PRD Deputy Rosario Robles. For com-
plete coverage, see the Cimacnoticias archive on abortion <www.cimacnoticias.com/
temas/aborto> February 10, 2004.
17. Marta Laura Carranza Aguayo and Roberto Ortiz Vega, interview, July 18,
2002, Mexico City.
18. Maria Elena Chapa, interview, July 17, 2002, Mexico City.
19. Cecilia Gonzalez, "Piden Mas Mujeres en el Congreso," La Reforma,
<www.reforma.com/nacional/articulo/186344/default.htm> November 26, 2002.
20. Claudia Salazar and Esperanza Barajas, "Aprueba Congreso Cuotas de
Genero." La Reforma, <http://www.reforma.com> June 16, 2002.
21. Cecilia Gonzalez, "Piden Mas Mujeres en el Congreso," La Reforma,
<www.reforma.com/nacional/articulo/1 86344/default.htm> November 26, 2002.
22. Maria Elena Chapa, interview, July 16, 2002, Mexico City.
23. Gabriela Cuevas, interview, July 18, 2002, Mexico City.
24. Maria Elena Chapa, interview, July 16, 2002, Mexico City.
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Legislative Candidates in Mexico 255
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