8.5 Clause 6.5 of the COPAC Draft sets forth the composition of the Senate, detailing an electoral system of proportional representation in accordance with the Electoral Law which must ensure that Senators are elected undder a party-list system based on votes cast in the general election for the National Assembly combined with reserved positions elected by the Council of Chiefs and people with disabilities. The party-lists submitted must include male and female candidates alternatively, with each list being headed by a female candidate. This mechanism is intended to promote women’s equal representation in the Senate, as is later clarified by Clause 7.3 (2) which states that an Act of Parliament must detail the system of proportional representation electing members of the Senate that ensures women’s equal representation in the candidates elected through this mechanism. 8.6 Though this mechanism is a step in the right direction to women’s equal representation in the Senate, it ensures gender balance only for the representatives elected through proportional representation. The representatives elected through alternate means which total 28 seats are not subject to gender balance considerations. As such, it is unlikely that the provision will result in women’s equal representation in the Senate, failing to meet women’s demands for equal representation that reflects their presence in the general population as well as the goals agreed to by the government in the regional agreements detailed above. It is strongly suggested that this provision be improved so as to ensure women’s equal representation in the Senate. National Assembly 8.7 Similarly, Clause 6.9(1) aims to ensure women’s presence in the National Assembly by creating a temporary measure of 60 additional seats reserved for women in during the life of the first two Parliaments after the effective date of the Constitution. Though the language is not explicit, at the conclusion of the time period stated presumably these seats are eliminated. 8.8 This provision is disappointing from a gender equality perspective. First, it does not ensure women’s equal representation as even with the 60 additional temporary seats, women are assured only 28% representation in the National Assembly. Secondly, the measure is only temporary with a termination clause that is not contingent on women actually achieving some level of representation in the National Assembly. As such, at the conclusion of the term for the temporary additional seats, it is possible the National Assembly could be composed of no women at all in the next election. At minimum, the clause should contain language that states that the 60 additional seats will expire so long as women have achieved a certain level of representation in the 210 permanent seats in the National Assembly. 8.9 In view of international commitments and the views expressed by the people during the outreach period of the Constitution making process, it is submitted that the new Constitution should contain a gender balance requirement in the National Assembly that will realistically achieve women’s equal representation. Given that women are 52% of the population and have been consistently and actively participating in political life, suitable candidates for the position should be found and/or steps must be taken to identify such candidates and build capacity where necessary. 14 | P a g e