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Sunday, May 11, 2008

[mukto-mona] Will of the Ulema rules-- a public hoodwink on Women's Reserved Seats

Front Page
The Daily Star
 
Women's Reserved Seats in Local Govt
 

In a surprise move the caretaker government has retreated from its earlier pledge of reserving 40 percent seats for women at all tiers of the local government system for three consecutive terms.

It is widely believed that the government has buckled in the wake of violent protests by hardliner Islamist groups against the National Women's Development Policy 2008.

The pledge however was made to effectively empower women at all levels of the local government system.

On March 23, the council of advisers approved in principle two ordinances regarding formations and functions of city corporations and municipalities with the provision for reserving 40 percent seats exclusively for women.

The government also had a plan to incorporate the same provision in other upcoming laws regarding formations and functions of union, upazila and zila parishads, the sources added.

But an Ulema Committee formed by the government to review the women's development policy, on April 17 in its recommendations to the government, strongly opposed the policy and asked the government to scrap the provision for increasing the number of reserved seats for women in the local government system, representatives to which would be elected through direct elections according to the earlier proposal.

Following the recommendations of the ulemas, the council of advisers at a special meeting on April 24 finalised the two ordinances regarding city corporations and municipalities scrapping the provision for reserving 40 percent seats for women.

The finalised ordinances however propose to continue the current provision for reserving one-third seats for women in city corporations and municipalities, which is expected to be promulgated as a law by the president soon, handing over a whopping victory to the Islamist hardliners in the country.

According to the existing provision, Dhaka City Corporation (DCC) has 90 wards headed by as many commissioners. In addition, there are provisions for 30 women commissioners. Each woman commissioner is in charge of three wards. So in reality each ward has two commissioners -- one generally elected commissioner and the other a woman commissioner who is also elected by voters of three wards. This system leads to conflicts in sharing responsibilities as generally elected commissioners are often found to be non-cooperating with the specially elected women commissioners. Similar power sharing systems exist for other city corporations, municipalities and union parishads.

But the proposed law suggested 40 percent of the total 90 wards of DCC be reserved for women. So, there would be no dual commissionership in any ward. Such reserved seats for women were supposed to be in place for three terms totalling in 15 years. After that the government was to make a fresh decision on whether the reserved women's seats would exist or not.

Defending the government's back flip, LGRD Adviser Anwarul Iqbal on April 27 claimed to the media that the provision for reserving 40 percent seats for women had to be scrapped, since it would come into conflict with a court verdict.

A government formed expert committee on strengthening local government institutions led by incumbent Health Adviser MM Shawkat Ali, which came up with the original proposal, however did so after reviewing the High Court verdict.

The committee found nothing wrong in reserving 40 percent seats for women for the next 15 years, instead it argued that the constitution does not discourage making special provisions for women's development.

Referring to the High Court judgement on a writ filed by some women ward commissioners elected to reserved seats in Khulna City Corporation, the LGRD adviser said the provision for reserving seats for women should not be a permanent system.

The petitioners filed the writ to avoid being marginalised in the name of being assigned with 'special duties'.

In fact according to the High Court's verdict, representatives elected to reserved seats for women cannot be officially assigned with 'special duties' in local governments and they must be treated as equals to other elected representatives.

The High Court verdict actually said nothing about the percentage of seats to be reserved for women.

DRFAT LAW FOR ZILA, UPAZILA & UNION PARISHADS
Meanwhile, in line with the government's latest reversal of decisions, the LGRD ministry already drafted a law regarding formations, elections and functions of union, upazila and zila parishads without keeping the provision for reserving 40 percent seats for women, who would be elected through direct votes, sources in the ministry said.

The draft ordinance proposes to continue the current provision for reserving three seats for women in each union parishad, having jurisdiction over nine general wards, a source said.

Meaning, each elected woman to reserved seats in a union parishad will have to share her authority with three other elected members, running the risk of being marginalised.

At upazila and zila parishad levels, instead of reserving 40 percent seats for women, the new draft law proposes to keep one-third of total posts reserved for women, who will be elected through indirect votes.

Women, who are already elected to reserved seats at lower tiers of the local government system will only be able to contest in elections to upazila and zila parishads, and an electoral college of already elected women to reserved seats at lower tiers will elect from among themselves the representatives to reserved seats for women in upazila and zila parishads, says the draft law.

The LGRD ministry draft however proposes to create a post of a vice-chairman in each upazila and zila parishads, which will be reserved for women elected through direct votes.

Currently there are around 14,500 women representatives elected to reserved seats in over 4,000 union parishads, 6 city corporations, and the municipalities.
 

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