Professional Documents
Culture Documents
Women's Legislation
Women's Legislation
Franc^Croup
Introduction
The 1995 United Nations Development Programme's Human Development
Report (41) says, "Political space belongs to all citizens, but men monopolise it".
Mauritius has been no exception. Although it boasts that it is the most democratic
country in the general area of sub-Saharan Africa, its female political representa-
tion has been one of the lowest in that region, and the lowest in the Southern Afri-
can Development Community (SADC). Women have been given the right to vote
and the right to stand for election since 1956, but they have remained largely in-
visible in the political sphere. Although the election on July 3, 2005 brought a
sharp increase of women in its 70-seat parliament from four (5.7 per cent) to
twelve (17.1 per cent), its female legislative representation is still far short of the
30 per cent target stipulated in the Declaration on Gender and Development,
adopted by SADC heads of government in Blantyre, Malawi in 1997.
Many studies of women and politics suggest that proportional representation sys-
tems favour women's entry into parliament over the first-past-the-post system
Mauritius has employed.^ Although we agree, the cases of Mozambique,
Rwanda, and South Africa, which use proportional representation, and where
women's parliamentary representation has already exceeded the 30 per cent goal,
show that proportional representation alone cannot ensure a significant boost of
women in the legislature.^ In the cases of Mozambique and South Africa, it is the
voluntary party quotas of the Frente de Liberta^ao de Mogambique (FRELIMO)
and the African National Congress (ANC), the dominant political parties in Mo-
zambique and in South Africa respectively, that brought about a sharp increase of
ISSN 0258-9001 print /ISSN 1469-9397 online/06/020229-19 © 2006 Journal of Contemporary African Studies
DOI: 10.1080/02589000600769983
230 Journal of Contemporary African Studies
Political System
Since its independence, Mauritius has maintained multiparty parliamentary de-
mocracy. The head of state is the president, who is appointed by a simple major-
ity of the National Assembly for a five-year term. The president replaced the
British monarch as the head of state when the country became a republic in 1992.
On the recommendation of the prime minister, he appoints the Council of Minis-
ters (cabinet) headed by the prime minister, who has the executive power. Minis-
ters are elected members of the National Assembly and are responsible to the
parliament.
Voting records in Mauritius show that the vast majority of voters usually vote for
three candidates from the same alliance, or select two candidates from one alli-
ance and one from the other. Thus, as Chu (2005) notes, "the seat outcome in
each constituency has either been 3-0 or 2-1". This tendency was repeated in the
2005 election. All three seats went to one of the two alliances in 13 out of 20 con-
stituencies, and three seats are divided between the two alliances in seven constit-
uencies. In Mauritius, political parties field candidates to satisfy the 'broadly
acceptable syndrome' (in line with the ethnic and caste profile of the constitu-
ency), but they are not made up of any particular ethnic group except for a few
that have appeared in recent years. Most of them have preferred to mobilise di-
verse ethnic groups and have fielded candidates from a range of ethnic and other
subdivisions such as caste, to draw wider popular support.
Women's Representation in Mauritius 233
For this purpose, the 1972 census is used, as the last one in which the population
was required to declare its communal background (Mathur 1997:63).^ Interest-
ingly though, for the first time in post-independence Mauritian politics, candi-
dates were allowed to stand for elections without having to declare their ethnic
backgrounds in 2005. This was made possible after a small, newly bom left-lean-
ing political party, Resistans ek Altemativ, had won its court case against the
Electoral Supervisory Commission that had debarred its candidates from register-
ing because they had refused to declare their ethnic affiliations. Supreme Court
Justice Eddy Balancy pronounced in favour of the party by allowing its candi-
dates not to have to declare their ethnicities on their nomination papers, if they so
wished. This became a landmark in the political history of Mauritius, and may be
the beginning of the end of the institutionalised form of communalism that the
best-loser system represents.
Mauritius is known as the most democratic and stable country in Africa. The
Freedom House survey has continually labelled Mauritius "free" except for the
234 Journal of Contemporary African Studies
period 1978-1981, descrihed as "partly free".^ Although ethnic violence has heen
a prohlem at times, its severity has never developed to anything like the level of
hostilities experienced in Rwanda, Burundi, and Sudan, where ethnicity was one
ofthe underlying causes of conflict. Eriksen (1994) attributes the political stabil-
ity in Mauritius to the precarious balance hetween ethnic group interests through
the hest-loser system.^ Similarly, Brautigam (1997) and Carroll and Carroll
(2000) argue that the inclusion of all the major ethnic communities in the politi-
cal process and representation has prevented further fragmentation and polaris-
ation and has therefore played an important role in consolidating democracy.
Carroll and Carroll (2000:139), however, predict that the prohahility of continu-
ous success of Mauritius will hinge on its institutional and procedural capacity to
incorporate black Creoles into the mainstream of Mauritian society. The econom-
ically marginalised black Creoles, who lack economic means to participate fully
in the democratic processes, have heen left out from the Mauritian politics of in-
clusion. Their continuing marginality if unheeded and untreated may challenge
the stability of the country, as was evidenced by the riots of 1999 (Carroll and
Carroll 2000). Although these riots were attrihuted to the 'malaise Creole' (the
deplorable conditions in which the Creoles live), the growing neo-liheralism,
whieh has increasingly polarised and fractured Mauritian society hy intersecting
class, ethnicity, and gender, was also hlamed as an indirect cause. Specifically,
the Creoles have heen disproportionately represented in the rapidly expanding
working class.
Seeburn, the Minister of Women's Rights, Child Development and Family Wel-
fare.
1967 62 0 8 70 0.0
1976 59 3 8 70 4.3
1982 59 3 4 66 4.5
1983 60 2 8 70 2.9
1987 58 4 8 70 5.7
1991 60 2 4 66 3.0
1995 56 6 4 66 9.1
2000 58 4 8 70 5.7
2005 50 12 8 70 17.1
Sources: Inter-Parliamentary Union (1995:178), 1999, 2004); Dyer and Houbert (1995/1996:363);
Mathur (1997:64)
A task force set up by the Ministry for Women's Rights, Child Development and
Family Welfare in 2001 stressed the need to make changes in the party structure
and procedure to enhance women's participation in leadership positions within
parties. So far, only the Labour Party has set up a policy to include more women
in its leadership positions. Specifically, it changed its constitution to ensure at
least 30 per cent female representation within its executive committee, the high-
est decision-making organ of the party.
The best-loser system has also been criticised for sidelining female representa-
tion, for communal representation in this case. The evidence, however, suggests
that it can also benefit women. Women have been elected as best losers provided
they belong to an underrepresented minority ethnic group. Among examples are
Radha Poonoosamy, Marie France Roussety, and Daniele Perrier, who were
elected in 1976, 1982, and 2005 respectively.
The electoral system, which has produced a large degree of disproportionality has
been challenged by most major parties, particularly by the opposition, but
women's underrepresentation in politics has hardly received any attention. It was
the Sachs Commission that brought this issue into the national spotlight. For elec-
toral reform in Mauritius, the Sachs Commission recommends a mixed system of
block vote and proportional representation by list. Specifically, it suggests that
the Constitution be amended to elect 30 additional members by a list propor-
tional-system while keeping the current block vote system to elect 62 members
{ibid:26). Political parties claiming legislative seats under proportional represen-
tation, the Commission proposes, should have received more than 10 per cent of
the popular vote {ibid:\9). To improve female legislative representation, the
commission listed the following options:
(ii) If the South African experience is to be a guide, the parties could be re-
quired to rank their candidates on the proportional representation lists in
such a sequence that at least every third candidate be a woman and every
third a man. Since women, like men, share all the characteristics of the
nation, the parties could factor in appropriate balancing of elements other
than gender when nominating women candidates;
Coalition Politics
Mauritian elections, except the one in 1976, have always been a race between
two coalitions of parties.'^ Coalitions, by stiffening the competition for a ticket,
have been tough on both men and women, but particularly women. They are usu-
ally pushed to the fringes when men struggle to keep their own space. Male lead-
ers often succumb to the pressure of other male partners scrambling for a ticket.
As a result, even well-qualified women sometimes cannot get in. For example,
for the 2005 election, the Alliance Sociale, which consists of the Labour Party,
the Parti Mauricien Xavier Duval (PMXD), the Mouvement Militant Socialiste
Mauricien, the Mouvement Republicain, and Les Verts, fielded 60 candidates,
only six of them were women. The Labour Party and PMXD were the only par-
ties within the Alliance with women candidates. The MMM-MSM-PMSD alli-
ance also had 60 candidates but 10 only were women. Six of them were from the
MSM. The latter was perhaps able to field more women because some important
male MSM figures defected to the Alliance Sociale. The loss of popularity and
the weakening of the party meant fewer men vying for a party ticket, to the ad-
vantage of women.
Since alliances have dominated Mauritian election outcomes and voters usually
select three or two candidates from the same alliance, female legislative represen-
tation will improve substantially if alliances field a significant number of women.
As Chu (2005) has stated, gender representation in parliament would change if
each major alliance fielded one female candidate in each constituency. No alli-
ance, however, made a firm commitment to increase their female candidates for
the 2005 election, although each of them had argued for better political represen-
tation of women. As elaborated above, the two major alliances together fielded
only 16 women!
Patriarchal Culture
Norris and Inglehart (2001), who examined whether attitudes toward women as
political leaders affect women's political empowerment, conclude that culture
does matter. It boosts or limits women's opportunities to enter into politics by in-
fluencing social attitudes toward their roles (Yoon 2004:450). Fewer women are
in politics in male-dominant cultures because the stereotypical roles of women
are mother and wife. Politics is not considered a female domain. In such cultures,
women are reluctant to run for elective offices. Even if they stand for elections,
voters do not vote for them. Mauritius is a patriarchal society, where people are
expected to play their traditional gender roles. Conservative religious teachings
of Hinduism, Islam, and Christianity (mainly Roman Catholicism), the three ma-
jor religions in Mauritius, have contributed to perpetuating patriarchal cultural at-
titudes toward women.
Women's Representation in Mauritius 239
The 2005 election results, however, hint that the cultures that have discriminated
against women's political role may be slowly changing. Both the number of
women who stood for election, and the number of women elected, increased sub-
stantially.'^ In addition, a few women such as Marie Arianne Navarre and
Kalyanee Virahsawmy came out first, and others, Marie Grenade and Sheila
Bappoo, came out second in their constituencies. In Constituency 16 (Vacoas and
Floreal), two of the three elected are women (Frangoise Labelle from the
MSM-MMM-PMSD alliance, and Sheila Bappoo from the Alliance Sociale).'"*
These cases suggest that voters may be favourable toward well-qualified and ex-
perienced women. However, to be elected, women still need to be placed in con-
stituencies where their parties have strong influence.'^
Lack of Resources
Women in Mauritius, as in other African countries, lack funds mainly because of
their low income. Although the number of women in the labour force has in-
creased over the years, women are concentrated in low-paid and low-skilled jobs
(AUadin 1993:79; Gunganah et al 1997:20; Thacoor-Sidaya 1998:61). In some
sectors, they are also underpaid compared with men who do the same type of
work. Women may legally own land and businesses, but lack collaterals when
they seek capital from financial institutions (Kethusegile et al 2000:58). In Mau-
ritius, candidates pay a nominal fee (less than $10) to the Electoral Supervisory
Commission to stand for an election. However, because there is no public fund-
ing for individual candidates' campaign expenditures, people must finance their
campaigns themselves. They also have to contribute to common campaign ex-
penses of their parties, for collective campaign rallies and advertisements. These
common expenses are divided among the candidates.'^ Fundraising is not com-
mon in Mauritius, and campaign funds usually come from candidates' personal
resources, family members, and 'well wishers' (Bunwaree and Kasenally 2005).
Running for elective offices therefore is a very costly venture for both men and
women, but the resource barrier is more pronounced for women. This gender bar-
rier could be eased if there were an official policy of state funding of political
parties, and if state funding were made conditional on the extent to which women
are presented as candidates for the elections (Bunwaree 2005a, 2005b).
Education
Mauritius has offered free education at all levels since 1976. The government
continued to offer free education even in the 1980s, when the country was under-
going the structural adjustment programmes of the World Bank, by resisting the
requirement to abolish it. As a result, girls' education improved substantially.
There is no gender gap at the primary and secondary level, but there still is one at
the tertiary level, from which most politicians are drawn (Gunganah et al
1997:61; Thacoor-Sidaya 1998:63). There has also been unequal access to tech-
nical and scientific skills as well as gender stereotyping in educational materials
240 Journal of Contemporary African Studies
(Bunwaree 2003). This biased educational system, Bunwaree (1997) states, has
contributed to a stratified labour market in which women are shunted to low-paid
occupations. To elaborate, Virahsawmy (2003) notes:
Women occupy only 5 per cent of senior positions in the top 100 compa-
nies. This figure may be six times higher in the public sector, where
women are doing quite well at the senior level as permanent secretaries
and principal assistant secretaries, but women still dominate in the cleri-
cal and factory occupations. According to a survey done by the newly
created Sex Discrimination Division, there are only 79 women compared
to 767 men on 43 Boards of Parastatal and Local Authorities. There is not
a single woman who is chairperson on these Boards.
Today, most well-educated and competent women are found in the public sector
in Mauritius. Mauritian law, however, mandates that people in the public sector
do not seek elective offices unless they resign from their positions. This stipula-
tion makes some women in the public sector reluctant to pursue a political career,
thus decreasing the pool of qualified women available to participate in politics.
Mauritius has been adept in its politics of recognition and representation, but gen-
der is still not a clear category of representation (Bunwaree 2004). Although
women form more than half of the population and the electorate, no policy has
Women's Representation in Mauritius 241
Some female MPs we interviewed argue for quotas while others argue against
them, anticipating negative consequences. Quotas, say the opponents, will create
a second class of parliamentarians, reducing female legislators brought in by
them to mere tokens. According to Fran^oise Labelle, quotas could actually con-
tribute to male superiority by suggesting that women cannot win elections on
their own merits. The opponents wish to see more women in politics without
quotas. Yet proponents argue that realistically it is impossible for the country to
meet the 30 per cent SADC target without quotas for women. Labelle, who ini-
tially opposed gender quotas on the basis of her reasoning above, admits that
quotas for women could help well-qualified women who otherwise cannot get a
ticket.
Diverse views on this issue have also been reported in the press. While a number
of people such as Lindsey Collen, the president of Lalit (a political party with a
left ideology), Shireen Aummeeruddy-Cziffra, a former Attorney-General and
now the Ombudsperson for children, and the current Minister of Social Security,
Sheila Bappoo are not in favour of quotas on grounds of discrimination
(L'Express, March 2, 16, 29, 2004), others such as columnist Shenaz Patel favour
them. Patel (2004) states, "In a number of fields, especially in politics, the situa-
tion will not evolve by itself. Men will simply not let go of their power that they
have taken so much care to create and lock up for themselves. They [women]
should be given a helping hand". By "a helping hand", she means the introduc-
tion of quotas.
Two types of electoral gender quotas have been practised among the SADC
member countries: the system of reserved seats established by national legisla-
tion, and quotas voluntarily established by political parties. While Rwanda, Tan-
zania, and Uganda have reserved seats for women, Mozambique, Namibia, and
242 Journal of Contemporary African Studies
People have also differed on whether the best-loser system could be used to im-
prove women's entry into the legislature. Sheila Bunwaree, at a workshop organ-
ised by the Media Watch Organisation on February 14, 2005, argued that
best-loser seats be reserved for women as a temporary measure only, since the
country had not engaged in any electoral reform so far and the female population
was still waiting for the proportional representation recommended by the Sachs
Commission. She insisted that gender, not ethnicity, should be the criterion for
allocating best-loser seats only until the country found a better way to include
more women in parliament.
However, members of the opposition, along with civil society groups, rejected
the amendment, and specifically the requirement of reserving seven best-loser
seats for women, and urged the government to withdraw it. Sheila Bappoo de-
scribed the proposed amendment as retrograde and humiliating for women be-
cause it treated women as "second class citizens" (O'Neill 2005).'^ According to
Bappoo, it not only raises community tension and destabilises national unity, but
it introduces sexism into the Constitution (O'Neill 2005). Rama Sithanen, a lead-
ing figure of the opposition at the time of the proposed amendment and now Min-
ister of Finance, said that if best-loser seats were reserved for women only,
women would be entering the parliament as "second class MPs" (L 'Express, Feb-
ruary 20, 2005). Anil Bachoo, leader of the Mouvement Social Democrat, argued
that the proposition to reserve seven best-loser seats for women was an insult to
Women's Representation in Mauritius 243
Conclusion
This study examined the factors that hinder women's legislative representation in
Mauritius and whether the country is likely to adopt gender quotas. Given the ab-
sence of consensus on the issue of gender quotas and the lack of strong political
support for a constitutional amendment to introduce them, it is unlikely that Mau-
ritius will adopt them in the foreseeable future. Hence, the country will continue
to live with "a grave democratic deficit" for quite some time. Consolidation of
democratic governance cannot materialise unless the political playing field is lev-
elled for both men and women for the representation of diverse interests within
society. Meaningful constitutional quotas are necessary to ensure women's equi-
table representation in the legislature, otherwise Mauritius will not be able to
meet the 30 per cent SADC target, let alone the 30 per cent representation of
women in party leadership positions that the African Union intends to call for at
its next summit.
Acknowledgement
The authors would like it to be noted that they contributed equally to this paper. They also wish to
thank the three anonymous referees and Dominique Battles for their comments and suggestions.
Notes
1. The Sachs Commission was created in 2000 to propose an alternative to the present Mauritian
electoral system. The commission was named after the chairperson, South African Judge
Albie Sachs.
2. Among examples are Matland (1998), Norris (1985), Rule (1987) and Yoon (2001, 2004).
3. The percentage of women in parliament is 34.8 in Mozambique, 48.8 in Rwanda and 32.8 in
South Africa (Inter-Parliamentary Union 2005).
4. In 2003, in addition to 24 women, 15 more were elected to unreserved seats, making a total of
39 women in the National Assembly. Women also occupy six of 20 seats in the Senate
(Inter-Parliamentary Union 2003).
244 Journal of Contemporary African Studies
5. Among these countries are also Uganda (23.9 per cent), Eritrea (22.0 per cent) and Tanzania
(21.4 per cent). Seychelles, where women occupy 29.4 per cent of legislative seats has used a
mixed system to elect MPs. Specifically, of 34 MPs, 25 are directly elected by simple majority
vote and the rest are elected by proportional representation (Inter-Parliamentary Union 2005).
6. As Table 1 shows, in 1982, 1991 and 1995 only four best-loser seats were allocated (Mathur
1997:64).
7. For thorough discussion on the Mauritian electoral system, see Mathur (1997).
8. The Freedom House country ratings are based on political rights and civil liberties scores of
each country. On the 1.0-7.0 scale, countries whose averages of combined scores fall within
the range of 1.0-2.5 are designated 'free'; those in the 3.0-5.0 range, 'partly free'; and those in
the 6.0-7.0 range, 'not free'.
9. According to Dyer and Houbert (1995/1996;363), "the best-loser system was introducted prin-
cipally to placate Muslim fears".
10. Tamils, who account for 6.5 per cent of the Mauritian population, have played an active role in
politics and trade unions and are seen as a 'link community' between Creoles and Bhojpuri-
and Hindi-speaking Hindus, although they are not one of the officially recognised communi-
ties (Reddi 2005).
11. Interview with Paula Atchia, Port Louis, Mauritius, June 9, 2005.
12. The 1976 election was a three-party contest between the Labour party, the Mouvement Mili-
tant Maurieien and the Parti Maurieien Social Demoerate. For more on the previous elections,
see Darga (2005).
13. While 33 women contested in 2000, 63 contested in 2005. For candidates by gender, see
Chiroro (2005).
14. For election results, see Electoral Institute of Southern Africa (2005).
15. Correspondence with Loga Virahsawmy, August 30, 2005. She is president of the Media
Watch Organisation in Mauritius.
16. Interview with Marie France Roussety, Reduit, Mauritius, June 14, 2005.
17. See Inter-Parliamentary Union (2005).
18. Interview with Frangoise Labelle, Rose Hill, Mauritius, June 9, 2005.
19. Sheila Bappoo is still president of the Women's League of the Labour Party.
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Media
L'Express, Port Louis, Mauritius.
Week-End magazine. Port Louis, Mauritius.