Ghana’s Affirmative Action (Gender Equality) Act 2024
Ghana’s Affirmative Action (Gender Equality) Act 2024 marks a significant milestone in the fight for gender equality in the country and across Africa. Signed into law in September 2024, the Act aims to address deep rooted gender imbalances by ensuring equitable participation of women in governance and decision making processes. Historically, women in Ghana have been underrepresented in key leadership roles, with female representation in Parliament at just 14.5%, which is far below global standards.
The passage of the Gender Equality Act is the culmination of a lengthy legislative process that began in 1998. The Bill has faced numerous delays and revisions over the years. It was moved about between different parliaments, because of politics and a general resistance to include gender equality initiatives in the legislative framework of Ghana.
On the 15th of June, 2024, the Minister for Gender, Children and Social Protection Dakoa Newman reintroduced the latest revised version of the Bill to Parliament. After being evaluated by the Committee on Gender, Children and Social Welfare, it was finally passed by Parliament during a session presided over by Speaker Alban Bagbin.
Some of the key provisions of the Bill include:
- Mandatory Representation: The law mandates that women must constitute a minimum of 30% of members in key decision making bodies. These include the government, the security sector and the business sector. This requirement is designed to progressively increase to 50%.
- Gender Responsive Budgeting: Government ministries and agencies are required to engage in gender responsive budgeting, ensuring that financial allocations address gender specific issues.
- Protection Against Discrimination: The legislation prohibits gender based verbal abuse and discrimination, imposing penalties for violations including fines and imprisonment.
- Support for Political Parties: Political Parties must adopt measures to promote gender equality in their electoral processes, which includes adhering to the female representation quota.
- Private Sector Initiatives: Private entities that comply with the law regarding female employment will be eligible for tax benefits, encouraging a broader adherence to gender inclusive practices.
The potential impact of this law could be quite transformative for women in Ghana. By mandating female representation, more women are expected to participate in politics, especially because Ghana is approaching its general elections. The aim is to challenge entrenched cultural norms that have historically marginalized women in politics and decision making roles in society.
Ghana’s commitment to gender equality aligns with international frameworks such as the Maputo Protocol and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), enhancing its credibility on the global stage when it comes to women’s rights.
Despite the optimism surrounding the passage of the Bill, several challenges exist that could impede how effective it could be.
- Enforcement Concerns: There are apprehensions about the government’s capacity to enforce these new regulations effectively. Activists have raised concerns about whether political parties will genuinely comply with the new quotas or find ways to get around them.
- Cultural Resistance: Deep rooted patriarchal norms may resist change, making it difficult for women to gain an equal footing, even with legislative support. Historical biases and systematic discrimination remain significant barriers.
- Need for Comprehensive Implementation: Successful implementation will require robust monitoring mechanisms and a commitment from all stakeholders. This includes the government, civil society organizations and community leaders. There will be a need to advocate for compliance and to educate the citizens about their rights under the new law.
Ghana’s Affirmative Action (Gender Equality) Bill is an important step towards enhancing women’s rights and representation in Africa. Its success will largely depend on effective enforcement, cultural acceptance, and ongoing advocacy efforts. Ghana needs to ensure that it leads to meaningful change rather than it being a mere symbol.
