Women as Constitution-Makers: Case Studies from the New Democratic Era

Description

That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted innovative strategies to express their constitutional aspirations. This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the 'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality. Cover Half-title Title page Copyright information Contents Notes on Contributors Acknowledgements Introduction: Women as Constitution-Makers: The Promises and the Challenges of Participation I.1 The Participatory Turn I.2 Popular Participation in Constitution-Making I.3 Questioning Participation I.4 Obstacles to Participation I.5 Constitutional Perspectives I.6 Constitutional Aspirations I.7 Comprehensive 'Constitutions' I.8 Conclusion Bibliography 1 Women's Movements and the Recognition of Gender Equality in the Constitution-Making Process in Morocco and Tunisia (2011-2014) 1.1 Introduction 1.2 Deconstructing Loyalty to the State and to the Husband: A Historical Overview of the Feminist Struggles in Morocco and Tunisia 1.2.1 Morocco 1.2.2 Tunisia 1.3 Towards the Recognition of Gender Equality in the Post-Uprising Constitutions 1.3.1 The Equality/Complementarity Debate in the Moroccan 20 February Movement 1.3.1.1 Article 19 in the Constitution 1.3.2 Women's Participation in the Tunisian Constitution-Making Process 1.3.2.1 Towards Article 21 in the Constitution 1.4 Final Remarks Bibliography Interviews Websites 2 Women and Constitution-Making in Post-Communist Romania 2.1 Introduction 2.2 Context 2.2.1 Brief History of Women's Rights in Pre-1989 Romania 2.2.2 Feminism and the Women's Movement in Communist and Post-Communist Romania 2.3 Women and Romania's Post-Communist Constitutional Moments 2.3.1 December 1989-May 1990. Reorganising the State after the Fall of Communism 2.3.2 May 1990-December 1991. Drafting Romania's Post-Communist Constitution 2.3.3 The 2003 Constitutional Revision. Preparing Romania for NATO and EU Accession 2.3.4 The 2013 Attempted Constitutional Revision: Responding to Previous Constitutional Crises 2.3.5 2015 and Beyond: Battles Over the Definition of Family 2.4 Conclusion Bibliography Books Chapters in Edited Volumes Journal Articles Unpublished Material Newspaper Articles, Blog Posts, Reports, Websites and Other Sources Legislation, Legislative Proposals and Case Law 3 Re-Living Yesterday's Battles: Women and Constitution-Making in Post-Saddam Iraq 3.1 Introduction 3.2 The Struggle for Women's Constitutional Rights: Historical Background 3.3 Constitutional Aspirations after 2003 3.4 Iraq's Transitional Administrative Law and Women's Exclusion 3.5 Lobbying for Rights in Iraq's Permanent Constitution 3.6 Gains and Losses 3.7 Conclusion Bibliography 4 Women's Participation in Peace-Building and Constitution-Making in Somalia 4.1 Introduction 4.2 Somalia's Constitutional History 4.3 The Role of Peace Conferences in the Quests to Stabilise Somalia 4.3.1 Women and the Peace Conferences 4.4 Constitution Drafting through the Independent Federal Constitutional Commissions (IFCC) 4.4.1 Public Consultation around the CDC 4.5 Final Stages in the Constitution Drafting Process: Linkages to the 'Roadmap to End the Transition' and the Provisional Constitution Adopted in August 2012 4.5.1 Consensus-Building through Strategic Political Consultations: A Review of the Conferences in Garowe, Entebbe, Galkayo and Addis Ababa and Their Impact on Women 4.5.2 The Role of the Technical Selection Committee 4.5.3 Challenges of Establishing the New Federal Parliament 2012 4.6 The Post-2012 Constitution Review Process 4.7 Lessons Learned from the Somali Constitution-Making Process and Its Principal Gender Outcomes Bibliography 5 Feminist Legalism: Colombian Constitution-Making in the 1990s 5.1 Introduction 5.2 A History of Conflict 5.3 Second-Wave Feminism 5.4 The Rift between Autónomas and Doble Militancia Feminists 5.5 Constitution-Making and Hope for Peace 5.6 Preparing for the Constituent Assembly 5.7 National Elections 5.8 Lobbying the Constituent Assembly 5.9 The 1991 Constitution 5.10 Conclusion Bibliography Appendix 1 Women's Proposals to the National Constituent Assembly 6 Women and Constitution-Making in Turkey: From Ottoman Modernism to a Constitutionalism of Women's Platform 6.1 Introduction 6.2 Background of Gender Constitutionalism in Turkey 6.3 The First Chapter of Gender Constitutionalism: Historical Fragments up to 1961 6.3.1 Early Ottoman Modernisation and Women 6.3.2 Ottoman Women as Civic Actors and Constitutional Rights Activists 6.3.3 People Party of Women, Electoral Rights and the 1924 Constitution 6.3.4 Silent Constitutionalisation of Gender: 1961 Constitution 6.4 The Second Chapter of Gender Constitutionalism after 1980: Re-Energising the Equality Discourse 6.4.1 Rise of the Women's Movement in the 1980s 6.5 Constitution-Making Process of the 1982 Constitution and Women Representatives 6.5.1 The Central Role of Women Politicians in the 2004 and 2010 Constitutional Amendments 6.5.2 Gender Constitutionalism beyond the Parliament: The Women's Constitutional Platform 6.6 Conclusion Bibliography 7 Egypt's Tale of Two Constitutions: Diverging Gendered Processes and Outcomes 7.1 Introduction 7.2 United against Mubarak, Divided on the De-Mubarakisation of the Constitution 7.3 Contending Political Visions and Mobilisational Strategies 7.4 Constitutional Battles and Wars 7.5 Constitution of 2014: To Engender, to De-Mubarakise or De-Brotherhoodise? 7.5.1 Context and Political Opportunity Structure 7.5.2 Constitution-Making Process: 2014 7.6 Gender Outcomes 7.6.1 Coalitional Politics 7.7 Concluding Reflections 7.8 From Gender Outcomes in the Constitution to Gender Impact? Bibliography 8 Dialogic Democracy, Feminist Theory and Women's Participation in Constitution-Making 8.1 Introduction 8.2 Liberia 8.2.1 Background 8.2.2 The Amendment Process 8.2.3 Lessons 8.2.3.1 Women Need to Have a Significant Voice in Actual Decision-Making Bodies, Not Just in Public Comment Processes 8.2.3.2 Presence Does Not Equal Participation 8.2.3.3 A Broad Cross-Section of Women Need to be Heard, Not Just One Subset 8.2.3.4 Women Need a Chance to Deliberate Together and Reach Some Consensus before Presenting Their Views to Other Participants 8.2.3.5 Women Can Take Advantage of Political Opportunities Created for Completely Unrelated Reasons and Use Them to Push Their Concerns to the Forefront 8.2.3.6 Allies within the Power Structure are Crucial 8.3 A Feminist Dialogic Model for Women's Participation in Constitution-Making 8.3.1 Deliberative Democracy and Feminist Theory 8.3.2 Applying Feminist Dialogic Democracy to Constitution-Making 8.3.2.1 Scale 8.3.2.2 Representation 8.3.2.3 The Application to Constitution-Making 8.4 What the Model Tells Us about the Lessons in Liberia Bibliography Index