1.2. Trends in Legal, Policy and Institutional Reform

1.2.1. Legal Reforms

Most countries have enacted legal reforms of varying degrees of strength. These have taken the form of legislated quotas, parity laws and gender considerations. During the AWD, four countries (Burundi, Central African Republic, Congo Republic and Gabon) all had laws that mandated specified quotas – 30% for Burundi, Congo Republic and Gabon and 35% for Central African Republic. Since 2005 and stemming from the 2000 Arusha Agreement, Burundi has actively allocated seats to ensure 30% women sit in the National Assembly.752 Subsequent legal reforms have provided assurances for how the 30% quota in the National Assembly and Senate can be met. These include extending the 30% quota to communal councils (sub-national level), requiring one in three election candidates to be female and authorising the independent electoral commission to amend the unbalance.753 The positive effects of Burundi’s quota system and the progress made is reflected in the percentage of female members. Over the period of the AWD, Burundi was the only country in the region to surpass a 30% quota in both the National Assembly and the Senate.754

Congo Republic carried out legal reforms in 2014 and in 2016. In 2014, candidate lists increased the required representation of women from 15% to 30% for the local, National Assembly and Senate elections. This was further reformed in 2016 to proportional representation in local elections to secure access for more women.755 Meanwhile, the 2016 Parity Law adopted by Central African Republic established a 35% quota in nominative and elective public and private decision-making bodies.756 The country has since given the 35% quota legal effect (in the 2019 Electoral Law), which mandates that a 35% quota for female representation must be respected in election lists submitted for legislative and municipal elections. If this is not achieved then the Constitutional Court must be informed.757 In Gabon, Law 9/2016 of 5 September 2016 established quotas, increasing access for women and young people to political elections. It introduced a 30% quota for women and 20% for youths.758

In contrast to quotas, two countries (Cameroon, DR Congo) have adopted legal provisions that mandate for gender “to be considered.” Cameroon’s Electoral Law of 2012 (Act No. 2012/001) incorporated gender considerations into electoral processes for the first time759 and requires electoral lists to reflect gender balances when nominating candidates at legislative (Parliament, Senate), regional (regional councillors) and local levels (municipal councillors).760 Additionally, there seem to be established voluntary political party quotas.761 Despite the lack of formal quotas, Cameroon has seen the largest increase in women’s representation at the National Assembly level of any country in the region. To supplement Article 14 of the Constitution, DR Congo enacted a Gender Parity Law in 2015 (Law 15/013). This applies the principle of parity to political, administrative and judicial areas.762 It also obligates the state to adopt measures to ensure equal opportunities for men and women to participate in all electoral processes, including election administration and voting.763 Meanwhile, in Chad, the president signed a presidential ordinance in 2018 signalling a 30% quota in all legislative and elected positions.764