Resumen

WA NCIKO, Laetitia Nabintu. Implementing provisions of the African Women's Protocol through the Law on Public Financing of Political Parties in the Democratic Republic of the Congo: a case against femocracy. AHRY [online]. 2024, vol.8, pp.412-433. ISSN 2663-323X.  https://doi.org/10.29053/2523-1367/2024/v8a15.

The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa obliges states to promote, protect and fulfil women's equal participation in politics. The Democratic Republic of Congo (DRC) ratified the Protocol in 2008, aligning with its 2006 Constitution's commitment to women's rights. However, Law 8/005 on Public Financing of Political Parties undermines this commitment, at least in two key ways. First, articles 5 and 9 of the Law allocate annual subsidies for political parties at 0.5 to 1 per cent of the national budget and set electoral campaign funding at 2 per cent of the budget, tied to the national budget law after each election. The lack of implementation of these provisions disproportionately disadvantages women, who often lack the financial resources to sustain party operations or campaigns. Second, its article 7 limits public funding to parties with representation in key government institutions. This marginalises women seeking to lead or establish political parties because their parties will not have had representation in such institutions. Using the Union for Democracy and Social Progress (UDPS) and the Union for the Congolese Nation (UNC) as case studies, this study demonstrates how the failures to revise and implement Law 8/005 violate the Protocol. It argues that this perpetuates femocracy in the two leading political parties. As defined by Amina Mama femocracy is a political system in which elite women, with the backing of powerful men, occupy positions of power and influence but primarily advance their personal or male interests rather than addressing systemic issues affecting ordinary women. This study used key informants to examine the dynamics within the UDPS and UNC. These interviews revealed key challenges faced by women in political leadership.

Palabras clave : the Law on Public Financing of Political Parties; femocracy; African Women's Protocol; Democratic Republic of Congo.

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