There is, however, room for signficant improvements that will better protect women and promote gender equality. Listed below are the most urgent issues that should be addressed for the COPAC draft to effectively promote gender equality and balance: 1. Exclusion of Women from the Death Penalty in Clause 4.5(c): It is submitted that the issue of the death penalty should be taken under consideration without making distinction between men and women to truly promote equality and nondiscrimination. 2. Women’s Representation in the Senate in Clause 6.5: As currently drafted, it is unlikely that the provision will result in women’s equal representation in the Senate, consequently 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 human rights agreements. It is strongly suggested that this provision be improved so as to ensure women’s equal representation in the Senate. 3. Women’s Representation in the National Assembly in Clause 6.9: The provision does not ensure women’s equal representation but only creates 60 additional temporary seats for a period 10 years. Even with this provision, women are assured only 28% representation in the National Assembly for a limited period. Secondly, the measure is not sustainable as the expiration of the additional seats 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. 4. Women’s Representation in Provincial and Metropolitan Government in Clauses 14.5 and 14.6: It is recommended that additional efforts be taken to ensure actual gender balance at all levels of government, including provincial and local governments. Currently, women are temporarily allocated a few seats at each level. 5. Budgeting for Women’s Equality and Advancement in Clause 17.1(b): It is submitted that the Constitution should reflect a mandate for gender-responsive budgeting (GRB), government planning, programming and budgeting that contributes to the advancement of gender equality and the fulfillment of women's rights. 18 | P a g e