A PRACTITIONER’S GUIDE TO INCREASING WOMEN’S ACCESS TO ELECTORAL JUSTICE
focusing primarily on their appearance, asking what their male relatives think about their participation in politics,
calling their morality into question, and generally perpetuating a culture that blames women for reporting, rather than
blaming the perpetrators of the violations.34 Parties also pressure women to refrain from filing complaints, which they
worry might bring negative attention to the party and require it to invest time in an issue that it does not think is
important. In Malawi, multiple interviewees noted that sexual harassment – including pressure to exchange sexual
favors for needed resources from male party leaders – is rampant within political parties. Still, many women are
reluctant to report incidents because so much social stigma is already attached to their running for office. Interviewees
across multiple country contexts reported that women are reluctant to report incidents of electoral violence and
harassment due to the shame attached not just to having experienced those issues, but to participating in politics in
general. Further, they reported that bringing a complaint attracts additional attention and scrutiny that will redound
not just to their own reputations but those of their families. Without support from families, communities, or their political
parties – and with increased media attention – women are deterred from filing electoral complaints.
Finally, the time, financial, and emotional costs associated
with pursuing an electoral complaint are significant barriers.
“Only
those
[Parliamentary]
that
can
election
afford
results
it
get
were
justice.
nullified
Interviewees across country contexts noted that women
because the candidates had money and could afford
candidates were often running for office in addition to
lawyers. What happens to an ordinary woman?”
significant household responsibilities, leaving them with
– Key informant interview participant
limited time and resources in the face of grueling (and
sometimes violent) campaigns. At the end of such a taxing experience, many interviewees noted that women are
often completely drained and unable mentally, physically, or financially to afford a long court battle. For rural women
in particular, as well as women with disabilities, proximity to courts presents a challenge, as physically accessing
centers of justice can be a time-consuming and expensive ordeal. An interviewee in Honduras noted that the process
is complicated and time-consuming and requires going to multiple places to complete filing processes.
What legal or institutional reforms are needed to increase women’s
equal access to not just EDR mechanisms but to true electoral justice?
“It’s really important to encourage women to apply, to
have a policy of appointing if not equal, almost equal
numbers of women to judicial positions and to local
election officer positions. Again, this is a matter of public
Women face a variety of barriers in understanding and
accessing EDR mechanisms, including resource, time,
and information barriers. However, true electoral justice
requires not only reducing those barriers but also ensuring
trust. The public trusts a system that looks like the
that, once someone reaches the EDR mechanism, the
country.”
process is fair, efficient, effective, and transparent.35
-
Key informant interview participant
In addition to being underrepresented among both
candidates and litigants, women are underrepresented across positions of power in government and independent
34
See, e.g., THT Online. (2022, April 1). Social media are full of misogynistic content against women in politics in Nepal: Report OnlineKhabar English News The Himalayan Times; THT Online. (2023, March 10). Addressing hate speech and gender based digital
violence a key contemporary challenge said experts. The Himalayan Times; Dahal, P., Joshi, S. K., & Swahnberg, K. (2022). A Qualitative
Study on Gender Inequality and Gender-based Violence in Nepal. BMC Public Health, 22(1), 1–15.
35 United States Agency for International Development. (2018). ELECTIONS ON TRIAL: The Effective Management of Election Disputes
and Violations.
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