Linkages between corruption and gender inequality: Insights from Kosovo’s gender quota regulations

Linkages between corruption and gender inequality: Insights from Kosovo’s gender quota regulations

By Liljana Cvetanoska

Gender equality is one of the areas affected by corruption as women are more likely to be disproportionately exposed to corruption compared to men. Corruption, and more specific, the patronage networks it relies on, tend to affect particularly women’s access to politics, thus reducing female participation in decision making processes, both directly and indirectly.

In post-war Kosovo, the international community has attempted a massive state-building experiment. Improving rule of law and fight against corruption have been at the core of this attempt. Efforts have also been made to reduce gender inequality, by introducing relevant legislation and gender-oriented policies, including the adoption of quotas of political representation. However, international efforts at state-building failed to break down the role of hierarchical patronage networks that dominate and control all levers of power. Patronage relations, parallel state structures and systemic corruption remain a characteristic feature  of the Kosovo’s governance system. Similarly, despite dense institutional efforts to increase the number of women in politics, gender inequality remains a problem. Specifically, legal inconsistencies tend to undermine women’s access to political power and discrimination based on gender remains widespread.

Gender equality and the regulation of quotas

Kosovo’s Constitution considers gender equality a fundamental principle, while expressing a commitment to equal opportunities for both female and male participation in the political, economic, social, cultural and other areas of societal life (Article 7). It also extends protection against gender-based discrimination (Article 24) and asserts that the composition of the Assembly of Kosovo shall respect internationally recognized principles of gender equality (Article 71). These principles are additionally elaborated in the Law on Gender Equality in Kosovo.

An updated Law on Gender Equality was later introduced in 2015 which requires equal participation in legislative, executive and judiciary bodies,  achieved by having a representation of 50 percent for each gender in these bodies. Legislative, executive, judicial and other public institutions are required to adopt and implement special measure to ensure such equal representation in politics.

Yet, while progress on paper is evident, there are concerns about how equality provisions are implemented in practice. The European Commission in its 2019 Progress Report on Kosovo pointed out that : “the effective implementation of the Law on gender equality is lagging behind. Completion of secondary legislation aimed at institutionalising gender-responsive budgeting is still pending. Breakdowns of data by gender are lacking and the mainstreaming of gender in laws and policies is not systematic. The Kosovo Programme for Gender Equality has not yet been adopted”.

The legal discrepancy

The 2008 Law on General Elections in the Republic of Kosovo has further introduced gender quota requirements in the process of elections. Article 27 of the Law imposes a gender requirement: “in each Political Entity’s candidate list, at least thirty percent shall be male and at least thirty percent shall be female, with one candidate from each gender included at least once in each group of three candidates, counting from the first candidate in the list”.

As a result, in the Kosovo’s Assembly 33 percent of members of parliament are women. Yet, my research suggests that even though the introduction of quotas has helped in increasing women’s representations, parity is still to be achieved as political parties prefer to follow the Law on General Elections as opposed to the Law on Gender Equality[i].

The  discrepancy between the two laws, both imposing different quotas, enables policy holders to evade responsibility for upholding the law on Gender Equality. Namely, even though the Law on Gender Equality requires 50 percent representation of women generally, the Law on General Elections only requires 30 percent of all candidates to be from the less represented gender. This suggests that even though equality is guaranteed in the law, legal overlaps and uncertainly enable selective application in practice. Such legal discrepancies increase women’s vulnerability to corruption when accessing public offices as it provides legal uncertainties in male-dominated party structures.

The impact on gender equality in public life

Since both central and local institutions in Kosovo can evade the Law on Gender Equality, women are especially missing from leadership positions both in central and local government. Additionally, the applied 30 percent quota in national and local assemblies has not managed to achieve greater involvement of non-elected woman in politics. As it stands, “ [decision makers] take for granted that they deserve their positions and see women as unworthy but as a numerical fulfilment, which then undermines the law”. Women’s quotas, where applied, are, thus, seen as a pro-forma measure without providing substantive representation or senior level positions for women in politics and state institutions.

Because at least 30 percent of women will have a guaranteed seat at the Assembly of Kosovo, there have been encouragements to avoid voting for women, as “they will get elected anyway”[ii]. Such calls influence voting preferences and enhance the perception that women are not worth voting for. In turn, this further inhibits women’s substantive representation and in general women’s positions in political life.  Moreover, some male candidates went as far as to the Supreme Court to argue that their right to be political representatives has been undermined by the introduction of quotas, as they did not get a seat in the Assembly, even though they accumulated a higher number of votes compared to female candidates[iii].

Finally, political parties who are the gatekeepers for political access are male dominated and often appointed due to personal political connections. In Kosovo, “most leaders in institutions and most decision makers are men, and they function based on patriarchal values – the same values that placed them in those positions” .

A 2017 report found that there are no real female party leaders, presidents or deputy presidents in political parties in Kosovo, nor do women lead any of the branches of political parties in Kosovo. In such circumstances, women, often discouraged by family and the limited access to politics, are even less likely to attempt to engage in politics due to the closeness of party structures[iv].

Overall, the introduction of quotas in politics, has recorded some success but additional efforts are needed in order to achieve parity representation as sought by the Law on Gender Equality and the introduction of voluntary quotas. Such quotas will send a message that parties are open to supporting candidatures of female candidates and that efforts are made to reduce the negative impact that party patronage and patriarchy have on women’s access to politics.

Note

“This article has been prepared as part of wider research and advocacy efforts supported by the Kosovo Foundation for Open Society in the context of the project ‘Building knowledge about Kosovo’.”

Liljana Cvetanoska is a lecturer in Corruption, Law and Governance at the Centre for the Study of Corruption, School of Law, Politics and Sociology, University of Sussex, Brighton.