By: Jerromie S. Walters
An unenforceable memorandum of understanding (MOU) was entered into by and between the National Elections Commission of the Republic of Liberia (represented by its Chairperson, Madam Davidetta Browne Lansanah) and registered political parties in Liberia. The MOU serves as political parties’ commitment to the 30% gender quota after the President recently vetoed the new elections law that sought to make 30% gender representation mandatory.
On September 17, 2022, the Legislature passed the New Elections Law (NEL) with specific fines ($10,000) for violators of Section 4.5 and forwarded same to President George W. Bush for signing into law.
However, President Weah, in a letter to House Speaker Bhofal Chambers in March of this year, as quoted by the House press department, clearly stated that the President vetoed the requirement that a political party’s list of candidates to the National Elections Commission include no less than 30% from each gender.
The House quoted the President as saying, “The sections vetoed by the President include the requirements that a political party’s list of candidates to the National Elections Commission (NEC) shall include no less than 30% from each gender.”
But over the weekend, a memorandum of understanding (MOU) was entered into by and between the National Elections Commission (NEC), represented by its Chairperson, Madam Davidetta Browne Lansanah and registered political parties operating under the laws of Liberia and represented by their respective Chairmen and Secretaries General, which serves as their commitment to the 30% gender quota.
According to the MOU, the parties agreed that political parties, coalitions, and alliances shall each produce and adopt a gender policy reflective of the relevant legal instruments supporting gender balance and increased women’s participation in representative politics towards the 2023 general elections, as highlighted in consultative engagements amongst the parties to the MOU.
Though the various parties assured their commitment to the MOU, they can never be held accountable if they fail to abide by it.
Unarguably, this appears to be a mockery of the fight for a just political atmosphere for every gender, especially women, as the existence of the recent MOU might be just like several other women’s rights protocols Liberia as a country has signed but is still struggling to adhere to.
Though one might describe the MOU as a step ahead, the fact that it has absolutely no legal consequences makes it a useless effort.
It would have buttressed the struggle for increased women’s political participation if the president had signed the new elections law, but as it stands, parties cannot be held accountable for failing to concur with the MOU.
Significance of the new election law for women’s political participation
Section 4.5 (1c) of the New Elections Law mandates that political parties submit not less than 30% of their candidate lists to the NEC.
The amendments in question sought to make 30% gender representation mandatory. It would have empowered the National Elections Commission (NEC) to fine or delist any political parties that failed to adhere to the gender quotas.
The gender quota clause, which is a special legislative measure to redress the historical marginalization of women from political life, comes as women struggle to gain equal representation in the legislature.
Currently, there are 11 female lawmakers in the national legislature, out of the 103 lawmakers in both the House of Representatives and Senate.
Women disappointed
President George Weah has been heavily criticized by the Association of Female Lawyers of Liberia (AFELL) and other women for vetoing a progressive amendment to the new election law.
AFELL president Atty. Philomena Williams told newsmen weeks ago that the president’s reason for vetoing the bill is disappointing.
Atty. Philomena Williams noted the action does not represent the President’s self-proclaimed “feminist-in-chief” nomenclature or past statements that he is committed to improving the rights of Liberian women.
“We strongly believe that if President Weah had signed the 30% affirmative action for women’s representation, it clearly would not have delayed the election process as stated in his veto statement.” The veto of the 30% women’s representation law does not reflect the terminology of “feminist in chief,” Williams said at the General Assembly of the Liberia National Bar Association (LNBA).
“We are set back and want you to rationalize the gigantic inequality gap between women in politics and leadership in Liberia and the need for complementary laws that mirror and are in consonance with the constitution,” she added.
She believes the president’s action dashed the hopes of many women’s rights advocates, including AFELL, who had for years lobbied for the quota.
Recently, a cross-section of concerned civil society actors, particularly women-led organizations, raised concerns about the status of the amended New Elections Law (NEL) on the 30% gender quota.
The actors believe that the signing into law of the NEL, or 4.5, will set the legal foundation for addressing the historical underrepresentation of women at the National Legislature.
They made their observations during a one-day dialogue organized by Medica Liberia and POWER Liberia in collaboration with the Coalition of Political Parties’ Women in Liberia (COPPWIL) with funding from UN Women, UNDP, and the Peacebuilding Fund.
The dialogue focused on means of sustained engagement with policymakers and stakeholders on the status of the NEL on the desk of the Liberian President.
During the stakeholders’ discussion, civil society actors deliberated and highlighted the importance of political parties in ensuring that at least 30% (thirty percent) representation of either gender is achieved during the October 2023 elections.
“We want to know where exactly the bill is and what the current status of the bill is.” The election is nearing, and we fear that if this law is not passed, we will still have low representation of women at the Legislature. We are worried; the signing of this bill is very important to us; it’s important to the country and the people of Liberia,” Madam Beatrice Newland, Executive Director of POWER Liberia, noted.
Sondah Geepea Wilson, Representative Aspirant of District #2, Nimba County, articulated, “The law is a backbone that anyone can rely on to do the right thing.” “As it is stated, the law is the law, so we need this law to help us amplify our voices and create equal representation for all.”
More about the NEC and the political parties MOU
Under the MOU, the parties agreed that political parties, coalitions, and alliances shall each produce and adopt a gender policy reflective of the relevant legal instruments supporting gender balance and increased women’s participation in representative politics towards the 2023 general elections, as highlighted in consultative engagements amongst the parties to the MOU.
The second point of the MOU provides that, in keeping with it, parties must ensure to have not less than thirty percent (30%) of either gender (male or female) on the list of candidates submitted to the NEC during the Candidate Nomination Period for the 2023 general elections.
The third point states that parties must create the enabling environment for active and increased political participation of female aspirants in political activities for the 2023 elections, such as by taking special measures for resource mobilization for women contestants.
“Collaborate with partners to organize regular trainings for women on campaign strategies, building leadership skills, and effective and increased participation in politics,” the fourth point provides.
Additionally, the fifth point indicates that parties must organize and promote regular community outreach activities targeted at raising women’s political consciousness.
The sixth point mandates that parties must build strong gender solidarity in the rank and file of men and women within political parties, their leadership structure, and their general memberships, and
“Exercise any other lawful rights and privileges aimed at enhancing gender balance and promoting increased women’s political participation and involvement in politics in Liberia,” the seventh point states.
Moreover, the parties to this Memorandum of Understanding further agreed that the terms and conditions stipulated and contained herein shall be binding on their successors, representatives, and members as if they had signed this MOU (Memorandum of Understanding).
