Reserved political positions

Last updated

Several politico-constitutional arrangements use reserved political positions, especially when endeavoring to ensure the rights of women, minorities or other segments of society, or preserving a political balance of power. These arrangements can distort the democratic principle of one person - one vote in order to address special circumstances. [ citation needed ]

Contents

Countries with reserved seats

Europe

Armenia

Since the 2015 Armenian constitutional referendum, electoral law requires that four seats for ethnic minorities (one Russians, Yezidis, Assyrians and Kurds each) are allocated in the National Assembly.

Belgium

The Parliament of the Brussels-Capital Region in Belgium includes 17 reserved seats for the Flemish minority, on a total of 89, but there are no separate electorates.

Croatia

Croatia reserves eight seats from the minorities and three for citizens living abroad in its parliament. There are three seats for Serbs, one for Italians, and a few more for other ethnic groups, where a single representative represents more than one group (there is only one representative for both Czechs and Slovaks). [1]

Cyprus

The Republic of Cyprus is full of reserved political positions. Due to its nature as a bi-communal republic, certain posts are always appropriated among Greek Cypriots and Turkish Cypriots. For example, the president is chosen from the Greek Cypriot community by using separate electoral rolls, whereas the vice president is chosen by the Turkish Cypriot community, using their own separate electoral rolls. Similarly 70% of the parliament are chosen from Greek Cypriots whereas 30% are chosen by and from Turkish Cypriots. In the Supreme Court, there should be one Greek, One Turkish and one neutral foreign judge.

Denmark

The Folketing consists of 179 representatives; including two from Greenland and a further two from the Faroe Islands.

Kosovo

The Assembly of the Republic of Kosovo has 120 directly elected members; 20 are reserved for national minorities as follows: [2]

Albanian is the official language of the majority, but all languages of minorities such as Serbian, Turkish and Bosnian are used, with simultaneous interpretation.

Slovenia

The National Assembly of Slovenia, has 88 members elected by party-list proportional representation. Another two seats are elected by the Italian and Hungarian ethnic minorities using the Borda count. [3]

United Kingdom

Political parties are permitted to restrict the selection of their candidates in constituencies to a specific gender under the Sex Discrimination (Election Candidates) Act 2002; to date, only the Labour Party utilises the law.

The UK also reserves 26 seats in the House of Lords for Church of England bishops, who together are known as the Lords Spiritual.

Asia

Bangladesh

50 seats out of 350 in the Parliament are reserved for women. [4]

China

China's National People's Congress (NPC) includes special delegations for the military of China (the single largest NPC delegation (≈9%)) and Taiwan (a region it claims but does not control). 55 minority ethnic groups are recognized in China and each has as at least one delegate, though they belong to normal region delegations. Additionally, from 1954 to 1974, the NPC included a special delegation specifically for Overseas Chinese who returned to China.

Hong Kong and Macau

Hong Kong and Macau provide for constituencies which represent professional or special interest groups rather than geographical locations. Voters for the members representing these constituencies include both natural persons as well as non-human local entities, including organizations and corporations.

India

India has seats in both houses of parliament, state assemblies, local municipal bodies and village-level institutions reserved for Scheduled Castes and Scheduled Tribes, better-known as Dalits and Adivasis respectively. The election of Dalit and tribal candidates is by the general electorate. Out of 543 constituencies in India's parliament, a total of 131 seats (24.13%) are Reserved or blocked for Representatives from Scheduled Castes (84) and Scheduled Tribes (47) only. This is different from separate electorate practiced in other countries. Many Indian states, like Kerala and Bihar, have parliamentary reserved seats for the Anglo-Indian community, as did the Lok Sabha until 2020.

Iran

Iran reserves a fixed number of seats in the Majlis for certain recognized non-Muslim ethnoreligious groups. To wit, two seats are reserved for the Christian Armenian community, and one seat each is reserved for the Assyrian and Chaldean Catholic, Jewish, and Zoroastrian communities.

Jordan

Jordan has reserved seats for women, Christians, Circassians, Chechens, and Bedouins. [5]

Lebanon

Lebanon specifies the religious affiliation of several of its high officers, such as the President (Maronite), the Prime Minister (Sunni Muslim) and the Parliament's Speaker (Shia Muslim). Every electoral district for the parliamentary elections includes a fixed number of the various religious communities.

Pakistan

Pakistan reserves a fixed number of parliamentary seats for women that is 60 and for minorities that is 10.

Philippines

Some local legislatures in the Philippines has a reserved seat for indigenous people called "Indigenous People Mandatory Representation". These are elected by the indigenous people themselves. [6]

The Local Government Code also calls for reserved seats in local legislatures for women, workers, and one from the urban poor, indigenous cultural communities, disabled people and other sectors, but for these seats, no law has passed on how these seats will be filled up.

In Congress, no seats are reserved, although sectoral representatives were appointed by the president to the House of Representatives before the application of the party-list system.

Singapore

Group Representation Constituency (GRC) was created in 1988. GRC scheme entrenches the presence of minority MPs in Parliament, ensuring that interests of minority communities are represented in Parliament. In a GRC, a number of candidates comes together to stand for elections to Parliament as a group. Each voter of a GRC casts a ballot for a team of candidates, and not for individual candidates. The original stated purpose of GRCs was to guarantee a minimum representation of minorities in Parliament and ensure that there would always be a multiracial Parliament instead of one made up of a single race. [7]

The office of President will be reserved for a particular racial group (Chinese, Malay and Indian/other minority) — if that community has not been represented for five presidential terms.

Taiwan

Since 2008, in the Legislative Yuan of Taiwan, of the total 34 seats of party-list proportional representation, at least half of the party-nominated candidates must be reserved for women. For example, if one party elected 3 candidates of the party-list in the Legislative Yuan, 2 of them must be women. Along with this, since the 1970s six seats are reserved for the indigenous people of Taiwan. There are two constituencies consisting of three seats each reserved for the Highland Aborigine people and the Lowland Aborigine people. [8]

Africa

Eritrea

10 seats out of 105 seats in Parliament are reserved for women.

Rwanda

In the Parliament of Rwanda, a minimum of 30% of elected members of the 26-member Senate must be women. In the 80-member Chamber of Deputies, 24 of these seats are reserved for women, elected through a joint assembly of local government officials; another 3 seats are reserved for youth and disabled members.

Partly resulting from this arrangement, 45 female deputies were elected to the Parliament in 2008, making the country the first and only independent country to possess a female majority in its national legislature.

Tanzania

At least 20% of seats are required to be set aside for women in accordance with Article 66.1(b) of the Constitution. Currently 113 of 393 (28%) are set aside. [9] [10]

Uganda

The Ugandan constitution provides for a reserved woman's parliamentary seat from each of the 39 districts.

Americas

Argentina

The Argentine law requires for a 50% quota for female candidates for Congress.

Colombia

Under the 2016 peace agreement brokered between the Colombian government and the FARC rebel group, five seats in the Senate and five seats in the House of Representatives are reserved for former FARC combatants. [11]

United States

Due to treaties signed by the United States in 1830 and 1835, two Native American tribes (the Cherokee and Choctaw) each hold the right to a non-voting delegate in the House of Representatives. As of 2019, only the Cherokee Nation has ever attempted to exercise that right. [12] [13] [14] [15] [16]

The Maine House of Representatives reserves three non-voting positions for the Passamaquoddy, Maliseet, and Penobscot. [17]

Oceania

Fiji

Fiji used to provide for the election of specific numbers of Members of Parliament on the basis of three racially defined constituencies: the indigenous Fijians, the Fijian Indians and the "General" electorate.

New Zealand

There are currently seven New Zealand Parliament constituencies – known as the Māori electorates – that are reserved for representatives of the Māori people. Māori electorates were introduced in 1867, but have undergone several changes since then. Māori may enrol either in a Māori electorate or on the general roll, but not both. Since 1967 there has not been any specific requirement for candidates in Māori electorates to be Māori themselves, and anyone on either the Māori roll or the General roll can stand as a candidate. Technically, therefore, these seats should not be described as "reserved" as there is no legal or constitutional guarantee that the successful candidate will themselves be of Māori descent. So far, however, every MP from a Māori electorate has been Māori. Also to note, is that under New Zealand's mixed-member proportional (MMP) electoral system, it is the party vote that is most important. All voters, including Māori, are deemed to be on the same master roll in terms of voting for party lists.

Countries formerly applying reserved political positions

Afghanistan

During the Islamic Republic of Afghanistan, the constitution guaranteed at least 64 delegates to be female in the lower house of the bicameral National Assembly ("The elections law shall adopt measures to attain, through the electorate system, general and fair representation for all the people of the country, and proportionate to the population of very province, on average, at least two females shall be the elected members of the House of People from each province."), while Kochi nomads elected 10 representatives through a single national constituency. Moreover, "one third of the members (of the House of Elders ) shall be appointed by the President, for a five-year term, from amongst experts and experienced personalities, including two members from amongst the impaired and handicapped, as well as two from nomads. The President shall appoint fifty percent of these individuals from amongst women." [18]

German Democratic Republic

East Germany reserved seats in the Volkskammer for representatives of women, trade unions and youth organisations.

Greece

During the 1920s and 1930s there was a system of separate electoral curiae for Muslim and Jewish electors in Greece, with reserved seats. [19]

Palestine (British mandate)

During the Mandatory Palestine, at the third election (1931) of its Assembly of Representatives, there were three curiae, for the Ashkenazi Jews, the Sephardi Jews and for the Yemeni Jews. [20] [21] [22] [23]

Palestinian Authority

While the Palestinian Authority makes no reservations within the Palestinian Legislative Council (there were reserved seats for Christians and Samaritans in the electoral law for the 1996 Palestinian general election), certain positions in local government are guaranteed to certain minority groups, in order to retain particular traditional cultural influence and diversity. For example, the mayor of Bethlehem is required to be a Christian, even though the city itself currently has a Muslim majority.[ citation needed ]

Syria

Syria enjoyed an electoral system like Lebanon's, at least for the parliamentary elections, up to 1949, when the subdivisions among each religion were suppressed, then there were only reserved seats for Christians up to 1963, when the Ba'athist regime suppressed free elections. [24] [25] [26]

Zimbabwe

Historically, Zimbabwe reserved 20 of the 100 seats in Parliament for the white minority, until these seats were abolished by constitutional amendment in 1987. Currently, 60 of the 270 seats in the House of Assembly are reserved for women.

Reserved seats for expatriates

See also Overseas constituency

Floating reserved seats

Exemption of the election threshold

In several countries, political parties representing recognized ethnic minorities are exempted from the election threshold. Examples are listed below.

Quotas inside party lists

See also

Sources

  1. Representative of National Minorities, Croatian Parliament's website
  2. ""
  3. "Portal DZ - Electoral system" . Retrieved Apr 2, 2020.
  4. "Aroma, Suborna to become MP as Awami League names 41 for reserved seats". bdnews24.com. 2019-02-08. Retrieved 2019-02-09.
  5. "Independent Election Commission". www.entikhabat.jo. Retrieved 2017-01-27.
  6. "NCIP cites IP mandatory representation in local legislation". www.pna.gov.ph. Retrieved 2020-07-27.
  7. LEE, HSIEN LOONG (June 2010), "Keynote Address", Singapore Perspectives 2010, Singapore Perspectives, vol. 3, Co-Published with Institute of Policy Studies, pp. 5–12, doi:10.1142/9789814322423_0002, ISBN   978-981-4322-41-6
  8. Hale, Erin. "'Always campaign time': Why Taiwan's indigenous people back KMT". www.aljazeera.com. Retrieved 25 June 2020. Since the 1970s, indigenous people have had reserved seats set aside for them in parliament - an arrangement that has continued into the democratic era. On Saturday, indigenous people will be able to vote for the president and a "party list" - MPs chosen based on the share of votes their party receives - like everyone else in Taiwan. But unlike the rest of the population, they will not get to vote for their district representatives. Instead, they will either vote for three "mountain" representatives or three "plains" representatives depending on the classification of their indigenous group.
  9. "Katiba ya Jamhuri ya Muungano wa Tanzania ya Mwaka 1977" [Constitution of the United Republic of Tanzania 1977](PDF) (in Swahili). Tanzania. Archived (PDF) from the original on 4 August 2022. Retrieved 12 August 2022.
  10. "Mbunge" [Members of Parliament]. Bunge la Tanzania (in Swahili). Tanzania. Archived from the original on 12 August 2022. Retrieved 12 August 2022.
  11. Barajas, Angela (28 April 2017). "Colombia clears path for former FARC members to hold office". CNN. Retrieved 3 September 2018.
  12. Ahtone, Tristan (January 4, 2017). "The Cherokee Nation Is Entitled to a Delegate in Congress. But Will They Finally Send One?". YES! Magazine. Bainbridge Island, Washington. Retrieved January 4, 2019.
  13. Pommersheim, Frank (September 2, 2009). Broken Landscape: Indians, Indian Tribes, and the Constitution. Oxford, England: Oxford University Press. p. 333. ISBN   978-0-19-970659-4 . Retrieved January 4, 2019.
  14. Rosser, Ezra (7 Nov 2005). "The Nature of Representation: The Cherokee Right to a Congressional Delegate". Boston University Public Interest Law Journal. 15 (91): 91–152. SSRN   842647.
  15. "The Cherokee Nation wants a representative in Congress". www.msn.com. Retrieved Apr 2, 2020.
  16. Krehbiel-Burton, Lenzy (August 23, 2019). "Citing treaties, Cherokees call on Congress to seat delegate from tribe". Tulsa World. Tulsa, Oklahoma. Retrieved August 24, 2019.
  17. "Maine House of Representatives". legislature.maine.gov. Retrieved 25 June 2020. The Maine House consists of 151 individuals, (88 Democrats, 56 Republicans, 5 Independents, and 1 Common Sense Independent). and currently 2 Vacancies). Plus seats for three nonvoting members representing the Penobscot Nation, the Passamaquoddy Tribe and the Houlton Band of Maliseet Indians.
  18. Chapter Five - The National Assembly, Constitution of Afghanistan
  19. Hersant, Jeanne; Yatropoulos, Nepheli (2008). "Mobilisation identitaire et représentation politique des 'Turcs' en Thrace occidentale : les élections législatives grecques de mars 2004". European Journal of Turkish Studies (in French). Paris. doi: 10.4000/ejts.1342 . Retrieved July 31, 2010.
  20. Fannie Fern Andrews, The Holy Land under mandate, Boston and New York, Houghton Mifflin Company - The Riverside Press Cambridge, 1931, 2 vol. (ch. XIV - Building a Jewish corporate life, vol. II, 1-32)
  21. Moshe Burstein, Self-government of the Jews in Palestine since 1900, Tel Aviv, Hapoel Hatzair, 1934
  22. ESCO Foundation for Palestine, Inc., Palestine. A study of Jewish, Arab and British policies, New Haven, Yale University Press, 1947, 2 vol. (The growth and organization of the Jewish community, vol.II, 404-414)
  23. Jacob C. Hurewitz, The struggle for Palestine, New York, Norton and Company, 1950 (ch. 3 - The political structure of the Yishuv, 38-50)
  24. Albert H. Hourani, Minorities in the Arab World, London, Oxford University Press, 1947 ISBN   0-404-16402-1
  25. Claude Palazzoli, La Syrie - Le rêve et la rupture, Paris, Le Sycomore, 1977 ISBN   2-86262-002-5
  26. Nikolaos van Dam, The Struggle For Power in Syria: Politics and Society Under Asad and the Ba'th Party, London, Croom Helm, 1979 ISBN   1-86064-024-9
  27. Website of the Mauritius Government Archived 2010-11-13 at the Wayback Machine

Related Research Articles

A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members often have a different title. The terms congressman/congresswoman or deputy are equivalent terms used in other jurisdictions. The term parliamentarian is also sometimes used for members of parliament, but this may also be used to refer to unelected government officials with specific roles in a parliament and other expert advisers on parliamentary procedure such as the Senate Parliamentarian in the United States. The term is also used to the characteristic of performing the duties of a member of a legislature, for example: "The two party leaders often disagreed on issues, but both were excellent parliamentarians and cooperated to get many good things done."

An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state created to provide its population with representation in the larger state's legislative body. That body, or the state's constitution or a body established for that purpose, determines each district's boundaries and whether each will be represented by a single member or multiple members. Generally, only voters (constituents) who reside within the district are permitted to vote in an election held there. District representatives may be elected by a first-past-the-post system, a proportional representative system, or another voting method. They may be selected by a direct election under universal suffrage, an indirect election, or another form of suffrage.

<span class="mw-page-title-main">Māori electorates</span> Electoral districts for Māori voters in New Zealand

In New Zealand politics, Māori electorates, colloquially known as the Māori seats, are a special category of electorate that give reserved positions to representatives of Māori in the New Zealand Parliament. Every area in New Zealand is covered by both a general and a Māori electorate; as of 2020, there are seven Māori electorates. Since 1967, candidates in Māori electorates have not needed to be Māori themselves, but to register as a voter in the Māori electorates people need to declare that they are of Māori descent.

Parliamentary elections were held in Croatia on 2 August 1992, alongside presidential elections. They were the first elections after independence and under the new constitution. All 138 seats in the Chamber of Representatives were up for election. The result was a victory for the Croatian Democratic Union, which won an absolute majority of 85 seats. Voter turnout was 75.6%.

Parliamentary elections were held in Croatia on 29 October 1995 to elect the 127 members of the Chamber of Representatives. The election was held in conjunction with special elections for Zagreb City Assembly, which resulted with Zagreb Crisis.

In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.

<span class="mw-page-title-main">Constituencies of Singapore</span> Subdivisions of Singapore for electoral purposes of representation in Parliament

Constituencies in Singapore are electoral divisions which may be represented by single or multiple seats in the Parliament of Singapore. Constituencies are classified as either Single Member Constituencies (SMCs) or Group Representation Constituencies (GRCs). SMCs are single-seat constituencies but GRCs have between four and five seats in Parliament.

<span class="mw-page-title-main">New Zealand electorates</span> Voting districts for election to the New Zealand Parliament

An electorate or electoral district is a geographical constituency used for electing a member (MP) to the New Zealand Parliament. The size of electorates is determined such that all electorates have approximately the same population.

<span class="mw-page-title-main">National Assembly of Zimbabwe</span> Lower house of the Parliament of Zimbabwe

The National Assembly of Zimbabwe, previously the House of Assembly until 2013, is the lower house of the Parliament of Zimbabwe. It was established upon Zimbabwe's independence in 1980 as one of two chambers of parliament. Between the abolition of the Senate in 1989 and its reestablishment in 2005, the House of Assembly was the sole chamber of parliament.

<span class="mw-page-title-main">National Assembly (Mauritania)</span> Unicameral national legislature of Mauritania

The National Assembly is the unicameral legislative house of the Parliament of Mauritania. The legislature currently has 157 members, elected for five-year terms in electoral districts or nationwide proportional lists.

<span class="mw-page-title-main">Electoral system of New Zealand</span> System by which New Zealand parliament is elected

The New Zealand electoral system has been mixed-member proportional (MMP) since the 1996 election. MMP was introduced following a referendum in 1993. It replaced the first-past-the-post (FPP) system New Zealand had previously used for most of its history. New Zealanders elect their members of parliament (MPs) with two votes. The first vote is for a candidate from an electorate. The second vote is used to elect ranked party lists.

In India, a number of political positions and university posts are held for specific groups of the population, including Scheduled Castes and Scheduled Tribes, and women in some cases.

<span class="mw-page-title-main">Te Tai Tonga</span> Māori electorate in New Zealand

Te Tai Tonga is a New Zealand parliamentary Māori electorate, returning one Member of Parliament to the New Zealand House of Representatives. It was established for the 1996 general election, replacing Southern Maori. The current MP for Te Tai Tonga is Rino Tirikatene of the Labour Party.

<span class="mw-page-title-main">Group representation constituency</span> Type of constituency defined in Singapores constitution

A group representation constituency (GRC) is a type of electoral division or constituency in Singapore in which teams of candidates, instead of individual candidates, compete to be elected into Parliament as the Members of Parliament (MPs) for the constituency. The Government stated that the GRC scheme was primarily implemented to enshrine minority representation in Parliament: at least one of the MPs in a GRC must be a member of the Malay, Indian or another minority community of Singapore. In addition, it was economical for town councils, which manage public housing estates, to handle larger constituencies.

Electoral districts go by different names depending on the country and the office being elected.

<span class="mw-page-title-main">Elections in the United Kingdom</span> Overview of the procedure of elections in the United Kingdom

There are five types of elections in the United Kingdom: elections to the House of Commons of the United Kingdom, elections to devolved parliaments and assemblies, local elections, mayoral elections, and Police and Crime Commissioner elections. Within each of those categories, there may also be by-elections. Elections are held on Election Day, which is conventionally a Thursday, and under the provisions of the Dissolution and Calling of Parliament Act 2022 the timing of general elections can be held at the discretion of the Prime Minister during any five-year period. All other types of elections are held after fixed periods, though early elections to the devolved assemblies and parliaments can occur in certain situations. The five electoral systems used are: the single member plurality system (first-past-the-post), the multi-member plurality system, the single transferable vote, the additional member system, and the supplementary vote.

<span class="mw-page-title-main">Electoral system</span> Method by which voters make a choice between options

An electoral system or voting system is a set of rules that determine how elections and referendums are conducted and how their results are determined. Electoral systems are used in politics to elect governments, while non-political elections may take place in business, non-profit organisations and informal organisations. These rules govern all aspects of the voting process: when elections occur, who is allowed to vote, who can stand as a candidate, how ballots are marked and cast, how the ballots are counted, how votes translate into the election outcome, limits on campaign spending, and other factors that can affect the result. Political electoral systems are defined by constitutions and electoral laws, are typically conducted by election commissions, and can use multiple types of elections for different offices.

<span class="mw-page-title-main">By-elections in Singapore</span>

By-elections in Singapore are elections held to fill seats in the Parliament of Singapore that fall vacant in between general elections, known as casual vacancies. In the past, the Government of Singapore took the position that the Prime Minister had discretion whether or not a by-election should be called to fill a casual vacancy in a Single Member Constituency, and could leave a parliamentary seat unfilled until the next general election. However, in the case of Vellama d/o Marie Muthu v. Attorney-General (2013), which arose from a vacancy in Hougang Single Member Constituency, the Court of Appeal held that the Constitution of Singapore obliges the Prime Minister to call a by-election unless a general election is going to be held in the near future. However, a by-election need only be called within a reasonable time, and the Prime Minister has the discretion to determine when it should be held.

<span class="mw-page-title-main">Sengkang Group Representation Constituency</span> Group Representation Constituency region

The Sengkang Group Representation Constituency is a four-member Group Representation Constituency (GRC) in the north-eastern region of Singapore. The GRC consists of four divisions: Anchorvale, Rivervale, Buangkok, and Compassvale; Compassvale was subsumed into the other three following the resignation of its MP, Raeesah Khan. The current Members of Parliament are He Ting Ru, Jamus Lim and Louis Chua from the Workers' Party (WP).

<span class="mw-page-title-main">2021 Chilean Constitutional Convention election</span> 2021 Chilean Constitutional Convention election

An election for the members of the Constitutional Convention was held in Chile between 15 and 16 May 2021. This election was called after 78% of voters in the 2020 national plebiscite voted to write a new Constitution through this method.