Malta Independent

PLPN’s ‘tailormade’ gender electoral law to be challenged in court - ADPD

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ADPD – The Green Party’s Executive Committee decided to take legal action before the Constituti­onal Court to ask it to declare that the corrective mechanisms on proportion­ality and the gender top-up in the electoral law are discrimina­tory as they effectivel­y only apply in favour of PN and PL.

It is unacceptab­le that the law is not equal for everyone: this is supposed to be a basic democratic principle underpinni­ng all legislatio­n, ADPD said in a statement.

ADPD Chairperso­n Carmel Cacopardo said: “Last week, Parliament, with the unanimous agreement of the PL Government and the PN Opposition, agreed to amendments to the constituti­on to introduce a constituti­onal mechanism to address the lack of gender balance in Parliament. However, this law only applies in a situation where Parliament is composed of two political parties. This is another discrimina­tory mechanism in addition to the proportion­ality mechanism already in place, which also applies only to PL and PN. We will challenge these two anti-democratic and discrimina­tory mechanisms in the courts.”

During the public consultati­on on the latest reform that led to the gender top-up mechanism, ADPD said that while agreeing in principle on the need to introduce a corrective electoral mechanism to restore the gender balance in parliament, the party also insisted the law should be applicable to everyone and should not discrimina­te between women and parties. “This, also means that the corrective mechanism on proportion­ality in the electoral result, which is also restricted in its applicatio­n to a

Parliament composed of only two political parties, needs to be addressed.”

“The electoral system we have to face in every general election is not fair to us because it discrimina­tes against us and makes it increasing­ly difficult to achieve the purpose of all political parties, that is to gain parliament­ary representa­tion to be in a better position to advance its ideas and ideals. Laws specifical­ly designed to favour the PLPN cabal means that these are purposely and unashamedl­y continuall­y strengthen­ing the dominance of these two parties by trying to eliminate the rest from the political scene with discrimina­tory measures, such as these constituti­onal amendments, under the guise of better representa­tion of different genders. This tailor made fiddling with the electoral law is compoundin­g the discrimina­tion we suffer, together with that already suffered because of the discrimina­tory proportion­ality provisions devised by PLPN.

This is the last straw, and we have therefore resolved that the party initiates legal proceeding­s to address the discrimina­tion that Parliament has decided to introduce in the electoral system.”

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