Good morning, everyone.
Today, I will be speaking about a topic of fundamental importance to any democracy: female representation in parliament, with a specific focus on the situation in Mauritius. A nation’s legislature should reflect its people, yet in many countries, including Mauritius, a significant gender gap persists in the corridors of power. This speech will outline the current landscape of female representation in the Mauritian National Assembly, consider the legal framework provided by the Constitution and the Code Civil Mauricien, and briefly touch upon the barriers and potential paths forward.
Firstly, let us consider the current state of affairs. Following the 2019 general elections, only 14 out of 70 members of the National Assembly are women, which amounts to just 20% (Inter-Parliamentary Union, 2023). When we place this figure in a broader context, it falls short of both the global average of around 26% and the Southern African Development Community (SADC) target of 50% female representation in decision-making positions. While there has been some slow progress over the decades, it is clear that Mauritius is lagging and that women’s voices are not being heard in equal measure at the highest level of national law-making.
Turning to the legal framework, the Constitution of Mauritius provides a foundation for equality. Chapter II, which outlines the protection of fundamental rights and freedoms, is crucial. Section 3 guarantees these rights to every person in Mauritius, irrespective of their ‘sex’, and Section 16 explicitly protects against discrimination on this ground. In principle, therefore, the Constitution establishes a clear right to equality and non-discrimination. However, these are general principles of formal equality. The Constitution does not mandate any specific measures, such as gender quotas, to ensure that this formal equality translates into substantive political representation in the National Assembly. There is, therefore, a gap between constitutional principle and political reality.
Interestingly, we can also consider the historical influence of the Code Civil Mauricien. While it is a text of private law, its origins in the French Napoleonic Code meant it was historically embedded with patriarchal principles, such as the husband’s role as the ‘head of the family’. While many of these provisions have been reformed, the Code reflected and reinforced a societal structure that traditionally confined women to the private sphere. The cultural legacy of such legal norms can contribute to persistent barriers, shaping perceptions about the role of women and creating obstacles to their entry into the public and political arena.
In contrast to the situation at the national level, a significant legal development has occurred in local government. The Local Government Act 2011 introduced a quota system, mandating that at least one-third of a political party’s candidates for local elections must be of a different gender from the rest. This has led to a marked increase in female representation on municipal and village councils, demonstrating that targeted legal intervention can be effective.
In conclusion, while the Mauritian Constitution enshrines the principle of gender equality, this has not been sufficient to achieve balanced representation in Parliament. The current figure of 20% female Members of Parliament shows that significant work remains. The success of gender quotas at the local government level provides a clear example of a potential pathway for reform at the national level. To strengthen its democracy and ensure its laws are made by a body truly representative of its population, Mauritius must move beyond the general principles of its Constitution and consider more direct legislative action.
Thank you.
References
- Constitution of Mauritius 1968.
- Code Civil Mauricien.
- Inter-Parliamentary Union (2023) Monthly ranking of women in national parliaments. Available at: https://data.ipu.org/women-ranking?month=1&year=2023 (Accessed: 15 October 2023).
- Local Government Act 2011 (Mauritius).
