Through gendered Lens

Electoral Systems, Laws and Regulations from Gender and Political Participation Perspective: Nepalese Experience

The right to participate in politics is enshrined in human rights law and standards which guarantees all individuals these rights irrespective of their gender, caste, creed, religion and nationality. Policies relating to the political participation of women and other disadvantaged groups are formulated as a result of rigorous political processes, and it is therefore crucial that women and other disadvantaged groups are represented in government and the relevant policy making discussions. In practice, the most fundamental form of political participation for citizens is participation in elections and electioneering. Women have equal rights to participate in politics as men. These rights are enshrined in international human rights legislation and related human rights instruments as well as constitution and domestic laws.

Prospective of Human Rights and Political Participation: Constitutional and Legal Provision of Nepal

Right to equality -article 13 states that all citizens shall be equal before law. According to this article the state shall not discriminate against citizens on grounds of religion, race,caste, tribe, gender, origin,language or ideological conviction or any of these. Rights of women -article 20 says that there shall be no discrimination of any kind against women by virtue of gender. State policy -article 35 states that the state shall pursue a policy of encouraging maximum participation of women in national development by making special provision for their education, health and employment. Electoral Provision- article 63 emphasizes on the principle of inclusiveness. Political party registration- article 142 (3) states that there must be an inclusive provision that the executive committees at various levels include the members from women, dalits and the excluded and oppresses sector.

Constituent Assembly Election Act, 2007

In the Constituent Assembly Election Act there are provision of candidacy of women and specified group. The CA election laws also guarantee the representation of women and five other specified groups (Dalits, oppressed caste/indigenous groups, backward regions, Madhesi and “others”).

Women Candidates in Constituent Assembly Election

During the CA election the participation of female candidates is summarized below:

  • A total of 3,205 or 33.2% women contested out of a total of 9,647 candidates in the CA election
  • In the FPTP race the percentage of female candidates was  9.3 % (there was no legal provision for a quota of female candidates)
  • In the PR race the percentage of female candidates was 49.7%  (there was legal provision for a minimum of 50% female candidates)
  • The winning rate of women in the FPTP was 8.1% compared to 5.8% for their male counterparts.

Women’s Representation Compared with Past Elections

The female representation in the CA and Legislature as a result of the recent CA election grew to over 33% from less than 6% in the previous general election of 1999. Such a big jump was possible not because of a change in political culture and behavior of male counterparts in the parties or the occurrence of societal changes. It has only been possible because of the electoral system and legal provision in the electoral laws. 

Key Obstacles in Women’s Participation in Politics: Views of Women Political leaders and Activist

  • Sexism and gender discrimination
  • Patriarchal society
  • Education and lack of knowledge regarding their rights
  • Lack of social and economic security
  • Intimidation and political violence
  • Nepotism