Tuesday, 8 September 2015

Women As Presidents and Prime Ministers

Abstract.
This is a paper whose thematic concern is women as presidents and prime ministers. In dwelling deep into this theme, the writer will attempt to address an array of issues; these range from past women leaders, the current women leaders, hurdles they have crossed and lastly future prospects for female leadership positions. It is my intention that this paper will spark a flame of revolution as Captain Thomas Sankara rightly said ‘the revolution will not work without the emancipation of women[1]’.






Women leadership, well that’s an advancement considering where the world is coming from, putting into consideration patriarchy. Before a child can run, he/she must crawl, so before we advocate for women leadership let us first know the statistics of where women have ruled; the table below illustrates more
Geographical Area
Number
Countries
Europe
25
Finland (2), France, Germany (2), Iceland (2), Ireland (2), Malta, Norway, Portugal, Turkey, Switzerland (2), United Kingdom, Bulgaria, Georgia, Latvia, Lithuania (2), Macedonia, Moldova,
Poland, Ukraine, Yugoslavia
 Africa 

9
Burundi, Central African Republic, Guinea Bissau, Liberia,
Mozambique, Rwanda, Sao Tome and Principe (2), Senegal
Latin America

9
Argentina (2), Bolivia, Chile, Ecuador, Guyana, Nicaragua,
Panama, Peru
Asia
13
Bangladesh (2), Pakistan, India (2), Sri Lanka (2),Indonesia, the Philippines (2),Mongolia, South Korea (2)
Caribbean
5
Dominica, Haiti (3), Jamaica
Middle East
2
Israel





Issues
How is it that some regions have had many women representatives whereas some regions have had none at all?
We can see that there have been some strides towards women representation however there are also some regions whereby there have been no women leaders at all case in point the United States of America[2]. Hillary Clinton was the closest a woman ever got. Some scholars try to explain that these is because of the military might of America and the reluctance of the elite to elect a woman to be the most powerful person in the middle east. 
What is the difference between prime ministerial power and presidential?
For a prime ministerial position this is a position that merges the executive and legislature. Prime ministers share power with the cabinet and party members as such we find that the attributes that are essential to this are negotiation, collaboration and deliberation.  Whereas for the presidency which is independent of the legislature and required to make quick decisions. This may explain why there are more women prime ministers than presidents[3].

In 1900 when Queen Mother Yaa Asantewaa spoke and ignited a revolution with her Solomonic words that entailed total resistance to the colonialists, the world did not have a slight clue that this was the beginning of a long struggle of emancipation from underrepresentation of women in the political domain in their respective countries. The Road to representation has been long and tough but fruitful. The Fruits of this tree are seen in 1960 when Sirimavo Bandaranaike became the world’s first woman prime minister in what was then Ceylon[4], then again in 1974 Isabel Peron became the first non-acting president of Argentina[5], it bloomed further when Benazir Bhutto became the first woman prime minister of any Muslim state[6]. A landmark some may opine.
This raised concerns, how can a woman cope with such a demanding task? (*sexist, for narration purposes only)
31 years later, the would-be inquisitors of that question were wrong, as we presently have about more than 15 female heads of state in power, these include but not limited to;
1.    Chancellor Angela Merkel for Germany, elected since Nov. 22, 2005
Angela Merkel prefers a leadership style of discussion, deliberation and consensus and this has proven successful for her as she is democratic, prudent and modest, such that she has been nicknamed ‘mummy’. A third of the women in Germany consider her a role model. However all through Merkel’s career she has failed to address the gender issue, Germany is actually one of the countries with the biggest gender pay gaps in Europe. Failure of the government to address women issues is centered on statistics that show 46% of women do not look up to the government for help[7].
2.    President Ellen Johnson­ Sirleaf for Liberia, since Jan. 16, 2006
In 2011 president Sirleaf received a Nobel peace prize for her efforts in securing women’s rights and peace building process in a post-civil war Liberia. The world admires her for her political prominence. She established a special ‘rape court’, government ministries of justice, finance and commerce are headed by women. This looks good we might conclude. However, a flip of the coin shows that in Liberia, 55% of women have never seen the inside of a classroom, maternal mortality in Liberia is among the highest in the world and women’s participation in politics is very low as there are 13.5% women in the National Legislature[8]
3.    President Cristina Fernandez de Kirchner: Argentina, since Dec. 10, 2007
Ms Kirchner was initially assumed to be a puppet of her former husband president, but when she was widowed, she proved people wrong. In this age of capitalism she did the unthinkable, she nationalized a major oil company called YPF this discouraged foreign investors and many critics waited for a downfall but surprisingly the economy grew[9]. The industrial sector experienced an overall increase in production of 52 percent, a positive sign for the administration. This increased exports and finally unemployment levels dropped from 10.6 percent in 2005 to 7.9 percent[10]. However, even with all these good signs Argentina remains one of the countries with the worst cases of domestic violence, timely prosecution of rape, sexual harassment and a persistent gender pay gap, among other iniquities[11] 
4.    President Park Geun­hye: South Korea, since Feb. 25, 2013
President Park has had it rough; South Korea is a country that is ranked below Suriname and United Arab Emirates in gender equality[12].  Park was left with an 11 centimeter wound across her cheek after she was attacked by a man at a political rally in 2006. Her apparently businesslike response after waking from surgery "How is Daejeon?" referring to the party's campaign in that city, earned her the nickname "Queen of Elections[13]." Before her, South Korea had not had a female ruler for one thousand years! She is said to be an intensely private woman who has never married and mostly dines alone. The nation is her family, she likes to say[14]. Many critics pose that she will do minimal to correct her countries gender inequalities because she is the daughter of a former dictator that ruled the nation with an iron rod, throughout her political career she is known for her inability to connect with people at the grass roots because of her privileged life since birth, it is even known that her fathers posthumous wealth is what financed her entry to politics. She lacks a track record of practicing such positive feminine leadership and supporting policies to promote gender equality and empower social minorities in general[15]. Lastly, it is the Conservative party that propelled her to power, which alike Margaret Thatcher in Britain are totally unconcerned with issues such as gender equality.
5.    President Dilma Rousseff: Brazil, since Jan. 1, 2011
Ms. Rousseff started her tenure with a boost of enthusiasm and confidence and even promised gender equality with a spirit never witnessed before. This was when she won a presidential run off, with 54% of the votes[16]. Unfortunately, Dilma’s Presidency has done little to change the role of women in Brazilian politics. Women representation is at 15%[17]. There is a masculine social culture that affects people in Brazil, which discriminates against women thus they have less access to infrastructure then there also has to be a reduction in gender bias in the marketplace[18]
This however inauspicious, shows a progress shift from the old ways in which leadership was a reserve for males. And this shows. Progress towards that which was once an illusion but now a slowly unfolding reality: Gender equality.



How exactly is it that these great women came into power? Road to power?
According to Researchers like Francine D’ Amico there are 3 ways in which women have reached the apex of power, which often takes a lifetime. These are;
1.    Replacements - women who take over a family member’s position of power.
2.    The insiders - who climb to power in a political party.
3.    The outsiders - who get a position of power because of their work in voluntary organizations, on a grassroots level or because of their profession[19].
What factors have boosted women into power?
Education: More than half of the women who came into power possess high level of education, masters and higher that is, however a few others possess college degrees whereas and a very less percentage had high school degrees[20].
These professional fields were mainly law but followed by medicine with economics trailing close behind.
Leadership gaps/Political Instability: this is noteworthy especially in the case of Yaa Asantewaa. We find that women have also risen to power when the male elders were either afraid or incapacitated to lead or act, these leadership gaps have been the indicators of women’s ability to lead
Familial Ties/Political Connections: from a healthy dose of research we come to the conclusion that at least 15 out of the Women leaders that we’ve had either had a familial tie to a leader or a strong political connection to a strong political family. For example Bandaranaike and Peron were the wives of leaders who passed away in office. But this does not mean that it is only women who benefited from male relatives in power. Indira Gandhi's son Rajiv Gandhi rose to be the Prime minister after his mother’s demise.
What needs to be done for more women representation?
2/3 Gender Rule
The struggle for gender equality has been there since time immemorial and before we misguidedly embark in aligning our thoughts to the views expressed by selfish patriarchal writers in the daily newspapers over how the 2/3 gender rule is untenable (names withheld) let us take note that Rwanda and Uganda are states that surpassed the 2/3 gender rule a long time ago.
When the Constitution was promulgated it enshrined this rule in Article 81(b), right before the last elections, the Attorney General moved to the Supreme Court seeking an advisory opinion on just how the rule should be applied lest there be a Constitutional crisis.
The Supreme Court in a Solomonic ruling held that this should be applied progressively and that it should be in place right latest 27 August 2015. A high court judge Odunga was quick to condemn rulings that are good for academic papers but not realistically possible. The deadline for implementation is barely a few from now and the rule is yet to see fruition. The legislators have been struggling to find a way to apply the rule without raising the wage bill too high. Many were against this as it would be used as a pretext to deny women the rule application. One prominent leader, Martha Karua opposed this saying the Constitution implementation is not and cannot be cheap, progress must be irrigated with blood and sweat , thus this argument of ‘untenability’ should not be raised, especially when it comes to the 2/3 gender rule.
According to the Political Parties Act the only way to implement this rule is for women to come out in the numbers to participate in elective process this would thus increase their chances for nomination, this is so slow and unrealistically unsound that the writer regards it as hogwash in the 21 century where directives such as affirmative action exist.
There are 349 seats in parliament in order for this to be achieved we need 117 women to be in parliament currently this is not even close.
With backing of the Constitution under Article 81(b) which enshrines the 2/3 gender rule, Article 100(a) which supports the promotion of marginalized groups women being amongst them, and Article 27(3) which prohibits discrimination and supports equality amongst the sexes in particular, we should push for reforms for the amendment of the Political Parties Act so as to make consonant with the Constitution.
This can be done by lifting Article 177 that ensures a constituency is represented by one member this can be done by making two members represent a constituency a man and a woman.
We can also do this by the rotational of constituency representatives on a gender basis.
What do we have to learn from women leadership?
Is it that they exercise power differently than men? Do they pass minority friendly legislation? Studies in this area are highly varied which means that more research should be done.
Taking examples there has not been a revolutionary woman leader, Breakthroughs have largely been associated with Ellen Sirleaf Johnstone whereas as for Indira Gandhi and Margaret Thatcher they either ignored the plight of women or were ignorantly unaware, they aligned with the status quo, making Indira Gandhi to become referred to as the ‘only man in a cabinet full of women’
A different perspective is evidence by Michelle Bachelet of Chile, she is committed to gender parity and even appointed an equal number of members to her cabinet, she legalized divorce, the morning after pill, built shelters for victims of domestic abuse, strengthened laws against fathers who do not support their children, enforced legislation on sexual harassment, and expanded protections for breast-feeding mothers[21]. She is the perfect example of a feminist president. However contextual backgrounds limit her for example she leads a multi coalition which forces her to lead carefully.
Women should be given a chance to  lead, as men have led since time immemorial it is now turn to see new leadership skills that can be discovered, we are all well to familiar with male leadership styles. Improving the status of women generally improves family-level outcomes, adds G.D.P to the economy, increases the overall quantity of economic output (e.g. food), and contributes meaningfully to the country’s security.
The challenge is to the women of today to strive and lead tomorrow.










Bibliography
1.    F. Jalalzai, A Woman in Charge of the Country? Women Prime Ministers and Presidents­ A (Not Quite) Global Phenomenon.
2.    Gender Inequality, Human Rights, and Poverty in Liberia, (2013), Harvard Kennedy
3.    Petras , James and H. Veltmeyer, What’s Left in Latin America (Surrey: Ashgate Publishing Limited, 2009),
4.    P. AgĂ©nor & O. Canuto ,Gender Equality and Economic Growth in Brazil, (P.R.E.M) 2013.,No 13.
5.    F. Jalalzai, Women Political Leaders: Past and Present, Allegheny College.
6.    United Nations, 2010 World Statistics Pocketbook Country Profile
Internet Sources
  http://www.nordiclabourjournal.org/i-fokus/in-focus-2013/equality-reaching-critical-mass/article.2013-03-05.7369082730


[2] .Jalalzai, A Woman in Charge of the Country? Women Prime Ministers and Presidents­ A (Not Quite) Global Phenomenon, pg 191
[3] F.Jalalzai, A Woman in Charge of the Country ? Women Prime Ministers and Presidents­ A (Not Quite) Global Phenomenon, pg 199
[8] L.Harrison, Gender Inequality, Human Rights, and Poverty in Liberia, (2013), Harvard Kennedy School, pg 2
[9] Petras , James and H. Veltmeyer, What’s Left in Latin America (Surrey: Ashgate Publishing Limited, 2009), pg 60.
[10] United Nations, 2010 World Statistics Pocketbook Country Profile, http://unstats.un.org/unsd/pocketbook/PDF/Argentina.pdf (Accessed on (7/22/2015)
[18] P. Agénor & O. Canuto ,Gender Equality and Economic Growth in Brazil, (P.R.E.M) 2013.,No 13, pg 4
[20] F. Jalalzai, Women Political Leaders: Past and Present, Allegheny College, pg 9
[21] Daniela Estrada, "Chile, Progress for Women, but Still a Yawning Gap."Interpress Service, March 6. 2009. ipsnews.netlnews.asp?idncws=46007 . (Accessed 5/13/2015)

Monday, 3 August 2015

My Jurisprudential thought ( Response Sociological and Historical School of Jurisprudence)

The writer will attempt to refer to two schools of jurisprudential thought. These include the Historical, Sociological, The writer will thereafter expound into the theories in brief and reflect and respond its use in modern day law, after which the writer will attempt to critique the aforementioned schools of jurisprudence.
*Do note that the writer may mention other schools of jurisprudential thought in passing.

Historical School of Jurisprudence
This school emerged amongst German scholars in the 19th century as they resisted the legal trend in Europe of codification of laws. This rebellion was led by non-other than Professor Carl Von Savigny[1]. He presented the main tenets of this school as being that understanding the forces of historical development are essential in evaluating jurisprudence and that it is to be found in the consciousness of the people[2].He thus further posited that law was to be found in the deep inner instincts of the people and that in this regard universality of law was hindered in a way.
Is there any application of this jurisprudential school in Kenyan Law?
The writer admires this school as it encompasses a utopia of paradise like law that involves the people fully as the only source of law is their deep instincts. This may not be so in reality however the closest we have gotten is the Kenyan Constitution of 2010. If we can closely contrast it with the Constitution of 1963 we note that; the old Constitution did not have a preamble, the spirit of our forefathers was thus lost but in the 2010 Constitution there is a preamble that recognizes the spirit of the Kenyan people which includes those who fought for freedom and ethnic diversity amongst others. The 2010 Constitution recognizes that all power belongs to the sovereignty of the people of Kenya[3], this goes to further recognize that the people are the legitimate source of the law, other Articles in support of this are 94(1), 129(1) and 159(1)[4] which state that legislative, executive and judicial authority derives from the people.
This school is further buttressed when it comes to Constitutional Interpretation in the Courts which may denote the school of legal realism as being judge made. In Cases such as John Harun Mwau & 3 Others v Attorney General and 2 Others[5], Centre for Rights Education and Awareness (CREAW) & 7 others v Attorney General[6] and U.S.I.U. v. Attorney-General & Another[7], the Court repeatedly recognized that in interpreting the Constitution due regard must be given to the fact that it is a living document and has a spirit and a consciousness. This spirit is the spirit of the people.
Thus there is evidence of this school of jurisprudence.
Critique; to critique my own position, the 1963 Constitution was a colonial law for domination, that has been built upon by the 2010 Constitution and many questions are raised as to its applicability from the third world legal theory school.
Sociological school of jurisprudence: This school asserts that law is a product of human behavior, attitudes and interaction. This brings us to the concept of social transformation.  This is when the law is used to pull society in particular direction or vice versa. More often than not the law is always behind society, this is known as the doctrine of lag.
Are there examples of social transformation by the law in the World?
In Kenya we have some communities that practice female genital mutilation (F.G.M), this is an outdated practice and with the passing of the Prohibition of Female Genital Mutilation Act[8] we have seen the reduction of this practice as it has been criminalized. The law has pulled society away from these outdated practices.
In America, different states have had different laws with regards to rights of homosexuals, however recently the Supreme Court of the United States ruled that all states must recognize the rights of homosexuals[9].
In the African Jurisprudence, the African Commission was categorical in recognizing that the African peoples are different thus the African Charter[10] embodied the concept of human and people’s rights and indigenous populations law/rights[11] as such we see an attempt of pragmatism to try and rectify the problem of transplanting colonial law without careful tendering as to its applicability to the former colonies. In common law there was no concept of group rights as such they were very individualistic, again I digress to the Legal theory in the 3rd world(school). Thus the human and people’s rights are attempting to drag society back from the individual rights to the group rights, to enable people to at least recognize people such as indigenous people and their rights to land.
Critique: This school of jurisprudence when used to define law is prone to abuse by the capitalist giants. A Rothschild once said ‘if I can control a nation’s wealth, why can’t I make her laws?’ this goes to show how the dominant class will lobby for the law to be passed in their favor thus making law an apparatus of the state to spread the ideology of the dominant class, which is a Marxist argument. In Kenya, the intellectual property laws[12] however modern it is has now made our farmers poorer as they cannot plant their own seedlings and must purchase from Monsanto. My comment to this would be that everything is two sided, like a coin, a union of opposites/contradictions, in constant struggle. A dialectical argument I close with.



[1] O. J. Paul, Key Issues in Jurisprudence, pg 97, para 2.7.1
[2] C.V. Savigny, Vocation of Our Rage for Legislation and Jurisprudence (1814)
[3] Article 1(1),Constitution of Kenya 2010
[4] Constitution of Kenya 2010
[5] H.C, Constitutional Petition no. 65 of 2011(2012); See also http://kenyalaw.org/Downloads_FreeCases/PETITION%20123%20OF%202011%20-%203%20JUDGE.pdf (Accessed on 7/24/2015)
[6] H.C, Constitutional Petition no 16 of 2011; See also http://kenyalaw.org/Downloads_FreeCases/162011.pdf (Accessed on 7/24/2015)
[7] H.C, Constitutional Petition no 170 of 2012; See also http://www.kenyalaw.org/Downloads_FreeCases/88362.pdf (Accessed on 7/24/2015)
[8] No. 32 of 2011, Laws of Kenya
[9] Obergefell et al v Hodges, Director, Ohio Department of Health, et al. (U.S.C No. 14–556) June 26, 2015
[10] African Charter on Human and Peoples Rights
[11] 276 / 2003, Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council  v Kenya, A.L.R
[12] Industrial Property Act and Trade Marks Act