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Delimitation Equity Project Resource Guide - IFES

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<strong>Delimitation</strong> <strong>Equity</strong> <strong>Project</strong><br />

The most commonly mentioned geographic factor listed by the countries in our survey is<br />

consideration for local administrative boundaries; two-thirds of the countries identified<br />

this as an important criterion. Botswana’s Constitution specifies consideration of not<br />

only administrative district boundaries, but the boundaries of tribal territories.<br />

Botswana: <strong>Delimitation</strong> Criteria<br />

The boundaries of each constituency shall be such that the number of inhabitants thereof is<br />

as nearly equal to the population quota as is reasonably practicable :<br />

Provided that the number of inhabitants of a constituency may be greater or less than the<br />

population quota in order to take account of natural community of interest, means of<br />

communication, geographical features, density of population, and the boundaries of Tribal<br />

Territories and administrative districts.<br />

Constitution of Botswana, 1997, Article 65 Section 2<br />

Another geographic feature mentioned frequently is population density or sparseness of<br />

population; this is listed as a criterion in 12 of the countries surveyed. In Malaysia, the<br />

Election Commission is required to weight sparsely populated rural constituencies in a<br />

manner to guarantee their over-representation in the legislature. 25<br />

Two other factors that are sometimes identified as delimitation criteria relate specifically<br />

to the geometric shape of a district: contiguity and compactness. Advocates of these<br />

criteria hold that districts should not be oddly-shaped and that all pieces of a district<br />

should be inter-connected. The election commission in Mexico, for example, is required<br />

to create electoral districts in which the perimeters are regular in shape. Other countries<br />

that specify that constituencies be compact include Albania, Armenia, Bangladesh,<br />

Barbados, Belarus, Dominican Republic, India, Italy, Pakistan, and the United States.<br />

In the United States, district compactness has not been required by federal law since<br />

1929, but when a number of states created some bizarrely-shaped districts in the 1990s<br />

round of redistricting, the U.S. Supreme Court indicated that districts such as the two<br />

North Carolina congressional districts illustrated in the map on the following page were<br />

unconstitutional. 26<br />

25 Article 2 (c) of the Thirteenth Schedule of the Malaysian Constitution provides that “the number of<br />

electors within each constituency in a State ought to be approximately equal except that, having regard to<br />

the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural<br />

communities, a measure of weightage for area ought to be given to such constituencies.” Since ethnic<br />

Malays predominate in the rural areas and non-ethnic Malays reside primarily in the urban centers, this<br />

“rural weightage” has guaranteed Malay dominance of the political system.<br />

26 Although the shape of these districts was not the basis for the Supreme Court’s decision, the fact that the<br />

districts were not compact was considered evidence of an impermissible motive in creating the district<br />

boundaries.<br />

30

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