2.1. Constitutional Provisions

2. EAST AFRICA

Most of the nations have a constitutionally required quota in place for female representation in parliament.

2.1. Constitutional Provisions

The East African region has made significant progress in the areas of governance and legal protection for women, thanks to an increase in the number of women within governments. Most of the nations have a constitutionally required quota in place for female representation in parliament, except Seychelles.791 For example, Rwanda’s Constitution requires equality, and provides that at least 30% of seats in “decision-making organs” be given to women,792 including in elections of deputies and senators.793 According to South Sudan’s Constitution, at least 25% of seats in the legislature and executive must be allocated to women,794 not only in Parliament but also in terms of ministerial positions.795 Sudan’s Constitution stipulates that 40% of the Transitional Legislative Council should be women.796 Tanzania’s Constitution states that women should make up at least 30% of decision-making organs.797 In Uganda, a third of local council seats are reserved for women.798 However, Somalia’s Constitution does not include a direct quota, instead mentioning the inclusion of women “in an effective way” across decision-making organs of the government.799 Two central documents to Somalia’s transitional Constitution were the Garowe Principles I and the Garowe Principles II, which were to be the foundation of the Constitution. According to these, women were to have 30% of seats in the National Constituent Assembly and in Parliament reserved for them. However, the text of the Constitution includes no specified 30% quota.800

In Ethiopia, Article 35 paragraph 6 of the Constitution stipulates that, “women have the right to full consultation in the formulation of national development policies, the designing and execution of projects, particularly in the case of projects affecting the interests of women.” Moreover, para. 3 states that, “the historical legacy of inequality and discrimination suffered by women in Ethiopia should be taken into account” and, therefore, “women, in order to remedy this legacy, are entitled to affirmative measures. The purpose of such measures shall be to provide special attention to women so as to enable them to compete and participate on the basis of equality with men in political, social and economic life as well as in public and private institutions.”801 The Constitution of Kenya has incorporated an affirmative action principle under Article 27(8) to increase the participation of women in the public sector.802 It also underlines that the representation of any gender should not exceed