Activities of the Jean Monnet Center for
International and Regional Economic Law and Justice

Emile Noel Fellows Forum, Fall 2004

Amanda Sloat

Forum Paper Title: “Enlargement, Gender and Governance: the Civic and Political Participation of Women in Central and Eastern European Candidate Countries” (full text )^*

Abstract of Forum Paper:

The political situation in Central and Eastern Europe has changed dramatically since the fall of communism in 1989, as the candidate countries are undergoing the twin processes of ‘democratisation’ and ‘europeanisation’ by reforming their political and economic institutions in order to become fully-fledged members of the European Union (EU). This three-year research project, which is funded by the European Union’s Framework Five progamme, examines women's involvement in representative institutions in Central and Eastern European countries (CEECs) along with their participation in political and civic organisations (including political parties, NGOs, trade unions, and social movements). It analyses the extent to which these institutions encourage or inhibit women’s representation and participation in discussing and determining policies and actions in which women have direct and indirect interests. As the CEECs prepare for EU enlargement in May 2004, it is critical to examine and understand the dynamics of gender politics in candidate countries and in the context of their future EU membership. At a fundamental level, this study addresses the impact that the two most significant political events of recent times in the CEECs – democratisation and EU accession – have had in building a political and civic culture that supports the de facto inclusion of women, women’s interests, and gender equality in decision-making institutions.

Although gender equality and non-discrimination are central issues of good governance, there is currently a lack of integrated discussions about the gender dimension of EU enlargement. For example, the Commission’s White Paper on Governance highlighted the importance of civic participation in policy-making but failed to consider the gender element of good governance . The absence of such a debate is particularly striking given the paradox of gender conditions during communism and in its aftermath. At first glance the Western world saw communism as a society that encouraged equality between women and men more than the ‘capitalist’ one. In reality, this was a fiction as the political structure remained male-dominated and decision-making power was not really shared between men and women. Indeed, the 1989 revolution did not challenge the underlying norms and structures of gender inequality; it is therefore not surprising that post-communist states remain gender-biased societies. In particular, women’s political representation decreased following the removal of state-enforced quotas. For example, in the 1980s nearly one third of Hungarian MPs were women; in the 1998 elections, women obtained only 8.5% of seats.

The EU has been able to influence the development of institutions and legislation in CEECs applying for EU membership. The European Council of Copenhagen defined the criteria for EU membership, which requires candidate countries to fully implement the social, economic, and legal chapters of Community legislation (the acquis communautaire ). While there is relatively little emphasis on the equal opportunities of men and women, the aspiring member states have been required to implement several pieces of equality legislation. They include directives on equal pay (75/117/EEC), equal treatment toward employment (EEC/76/207, EEC/86/813), occupational social security schemes (79/7/EEC, 86/378/EEC, 96/97/EC), part-time work (97/81/EC), and parental leave (96/34/EC). One of the problems, however, is that transposition of the acquis into a country’s statute books does not mean it has been implemented and enforced; this has been particularly problematic in candidate countries’ handling of equality legislation.

The main objective of this three-year research project is to analyse the extent to which representative institutions and other organizations enable women's participation and representation in political decision-making and governance in EU candidate countries. The project will trace, map and analyse the contribution of women’s political and civic organisations to governance in CEECs as these countries evolve in terms of democratic practices and European integration. It will identify new forms of gender discrimination and segregation in post-communist countries and assess the measures required to address these problems. In particular, a multi-disciplinary team of predominantly women researchers from across Europe will analyse the situations in each of the ten Central and Eastern European applicant states: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Romania, Poland, Slovakia, and Slovenia. These country case studies will be structured around key research questions, facilitating a comparative analysis drafted by the project co-ordinator. By looking at how the history of communist rule has affected women’s current political position, the project will provide recommendations to underpin effective future policy-making.

The main working hypothesis of this project is that women are under-represented in European representative institutions and associated groups (political parties, trade unions, NGOs and social movements). There are many reasons for this gender gap, but a contributing factor is that the importance of women’s contributions to building a sustainable democracy is under-recognised in the development of democratic institutions and practices. Furthermore, women’s participation and influence is likely to proceed slowly after candidate countries obtain EU membership unless a range of measures designed to enhance women’s participation in democratic institutions and governance are developed and implemented.In particular, the danger is that as democratic governance evolves in CEECs, representative institutions are likely to give preference to masculine norms, values and practices over gender-sensitive norms, values and practices. This has the effect of creating a democratic deficit and excluding women and women's needs, interests and perspectives from governance. Utilising the insights of law, political science, political theory, sociology, and social anthropology, an experienced team of researchers from EU member states and candidate countries will analyse this problem in detail by answering a series of critical questions and will propose some country-specific solutions.

This research project focuses on three main questions:

• To what extent, and in what ways, have the twin forces of democratisation and preparation for EU accession influenced women’s civic and political participation in candidate countries?
• To what extent, and in what ways, are women’s civil associations embedded in the equality policy framework in candidate countries?
• Are there specific strategies that could be adopted to enhance women’s contribution to governance?

These research questions will be handled thematically by:

(1) Mapping the scope for and extent of women’s participation in the governance of candidate countries, including assessment of:

1a women’s participation in representative and related decision-making institutions (e.g., multiple levels of government, legislatures, political parties, trade unions, and social movements)

1b the changing structure of civil society and the nature of women’s citizenship pre- and post-democratisation;

1c the role of women and women’s organisations in bringing about the democratisation process and the position of the women’s movement today;

1d explaining the factors that either support or militate against the participation of women representatives and women’s groups in the governance of their countries.

(2) Exploring the inclusiveness of the gender equality agenda to women’s organisations, through:

2a mapping country-specific responses to the adoption (and enforcement) of the EU equality acquis and assessing the effectiveness of these laws in delivering gender equality;

2b assessing the existence and effectiveness of candidate governments’ gender main­streaming policies, and examining the extent to which women are involved in gender mainstreaming through two case studies (chosen as first planning meeting).

(3) Identifying opportunities for enhancing women’s participation in governance and recommending viable strategies for accomplishing this goal.

The project is divided into seven ‘work packages’, as required by EU project specifications.

More information can be obtained from the project website: www.qub.ac.uk/egg

Work Package 4: Implementing the EU Equality Acquis

Proposed Fellowship Project: For each ‘work package’ in the research project, academics in the ten countries under study prepare a report about the situation in their respective countries. As the co-ordinator, I then draft a comparative report that assesses the similarities and differences between their national experiences and seeks to draw generalised recommendations. On 1 August 2004, each partner will submit a report on the implementation and enforcement of the EU equality legislation in their country. On 1 December 2004 I will send the European Commission a comparative report that draws from their findings. As an Emile Noël fellow, I would spend the autumn semester of 2004 writing this report. It would be beneficial for me to situate myself within a legal atmosphere during this period, as I could utilise the European law expertise of colleagues in the Jean Monnet Centre at the NYU Law School. As the report will provide rich material for debate within the Centre, I would happily give presentations on findings (of this work package as well as previous ones) and seek feedback from assembled scholars. In addition to providing reports for use by Commission officials, I am responsible for disseminating the conclusions to a wider academic and practitioner audience. Thus, I would welcome the opportunity to publish a version of the comparative report as a Jean Monnet working paper.

Objectives: While the codification of the acquis into national law is but one stage in the delivery of gender equality and equal opportunities, this body of law constitutes an important institutional element in the realisation of equal opportunities between women and men. While the employment chapter is closed in the candidate countries (except Bulgaria and Romania), the extent to which each has implemented and enforced equality measures differs. It is clear in many countries that although the law exists on the statute books, it is not being enforced: judges remain unaware of its provisions, women are ignorant of its existence or are afraid to test the legislation by bringing cases to court, and some governments have covertly sought to weaken new legal provisions. EU Commission officials, who lack sufficient intelligence on the ground, have welcome the opportunity for first-hand accounts of how the equality legislation is being operationalised. Thus, this work package aims to assess the extent to which the equality acquis has been transposed, implemented, and enforced.

Methods: Partners will identify the relevant national equality laws, the scope of this legislation, the organisation/s created to implement and monitor these laws, the mandate given to such organisations, their capacity to effect policy and attitudinal change, their linkages with the women’s movement and other equality-seeking bodies, and the strategies they employ to effect gender equality and the effectiveness of their work to date. Then they will conduct interviews with agencies responsible for implementation of the equality acquis and other equality laws, focusing on government ministers and senior bureaucrats responsible for equality legislation, and with women’s NGOs active in this field. The specific methodology for this work package will be agreed by the research consortium at a planning meeting in late January 2004, so additional details can be provided to the fellowship committee at that stage if required.

Outputs : This work package will result in ten ‘country reports’, providing detailed information on the situation in each of the ten Central and Eastern European countries under study. It will also produce a comparative report that highlights the similarities and differences between them. These reports will be sent to research partners’ respective governments, academics, and NGOs; it will also be disseminated to European politicians and practitioners through academic publications, conference papers, and policy briefings.

Structure of EU Report/Jean Monnet Working Paper

The main objective of this phase of the project, ‘Implementing the Equality Acquis ’, is assessing the extent to which the equality acquis has been transposed, implemented, and enforced. While the codification of the equality acquis into national law is but one stage in the delivery of gender equality and equal opportunities, this body of law constitutes an important institutional element in the realisation of equal opportunities between women and men. In particular, research partners in all 10 CEECs identified the relevant national equality laws, the scope of this legislation, the organisation(s) created to implement and monitor these laws, the mandate given to such organisations, their capacity to effect policy and attitudinal change, their linkages with the women’s movement and other equality-seeking bodies, the strategies they employ to affect gender equality, and the effectiveness of their work to date. To obtain a better understanding of their operation and effectiveness, research partners interviewed agencies responsible for implementation of the equality acquis and other equality laws, government ministers and senior bureaucrats responsible for equality legislation, and women’s NGOs active in this field.

This paper is divided into six main sections:

1. This first section has introduced the main themes of this paper, which is a comparative analysis of the ten country reports prepared during the fourth phase of the EGG research project.
2. The paper begins by discussing the pre-89 equality infrastructure in the 10 CEECs, providing a comparative reference point for the subsequent consideration of changes introduced by the European Union. In particular, it examines institutions that handled equality issues under the communist regime and the provisions of equality legislation (i.e., maternity leave, equal pay etc).
3. Next, the paper analyses the implementation of the ten directives within the EU equality acquis. It compares the pre-89 laws with EU regulations to see if provisions have been strengthened or weakened, discusses the mechanisms used to implement the legislation, and evaluates the extent to which the new laws are being enforced.
4. The paper then turns to awareness of the equality directives, which is interpreted as government action to promote awareness among women, employers and judges. It also analyses the enforcement of each directive, identifying case law, legal action, and reports produced by the labour inspectorate.
5. After that the paper examines relations between equality bodies and NGOs/trade unions. In particular, it asks on what equality issues are NGOs/unions active? What aspects of equality laws do NGOs/unions want to change? And to what extent are equality bodies receptive to NGO/union proposals?
6. In conclusion, the paper examines to what extent the EU equality acquis has changed attitudes (of bureaucrats, the public, NGOs and trade unions) toward equality in the workplace and changed actual working practices.

Biography

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Emile Noel Fellows Forum