GHANA has finally passed the long-awaited Affirmative Action (Gender Equality) Act 2024, aiming to ensure greater representation of women in decision-making roles across government, business, and other sectors. After nearly 30 years of legislative delays, the bill was signed into law by President Nana Akufo-Addo on Thursday, marking a significant victory for women’s rights advocates.
The law seeks to align Ghana with other African nations, such as Rwanda, Uganda, and Mozambique, which have already introduced affirmative action policies. It mandates that women hold at least 30 percent of positions in decision-making bodies, with a target to increase this to 50 percent by 2030 in line with the UN’s Sustainable Development Goals.
What changes will the new law bring?
The Affirmative Action Act aims to ensure that a minimum of 30 percent of women occupy key positions across various sectors, including government, commerce, and security. By 2030, this target will rise to 50 percent. Trade unions and private companies are also mandated to have gender-balanced representation on their executive boards. Companies that comply with these regulations will benefit from tax incentives, creating a strong incentive for change.
Speaker of Parliament Alban Bagbin hailed the law as a move towards a more equitable society, stating, ‘We must do more to create a free and just society to liberate more women to support us in developing mother Ghana.’
Strict penalties for non-compliance
The law is clear about the consequences of failing to comply. Organisations and individuals who subject employees to gender-specific discrimination, verbal abuse, or stereotyping face fines and potential jail sentences of six to twelve months. Trade unions that fail to meet the gender balance requirements risk losing their registered status.
The legislation also addresses hate speech, intimidation, and any act that obstructs or undermines gender equality, all of which are punishable under the new regulations.
Mixed reactions from advocates
Female lawmakers and campaigners have widely praised the new law. Abla Dzifa Gomashie, MP for Ketu South, expressed hope that it would ‘cure the cultural, political, and economic discrimination against women and minority groups, especially the disabled community.’
However, some activists have expressed concerns about the law’s enforcement. Dinah Adiko, a technical consultant who has worked with Ghana’s gender ministry, voiced apprehensions about the political will to fully implement the law. ‘There are fears that political parties may not follow through with the necessary measures to ensure gender parity,’ she said.
Despite these reservations, the passing of the bill has been met with excitement by many, signalling progress for gender equality in Ghana.
A long journey to law
The road to passing the Affirmative Action Act has been a long and challenging one. Initially introduced in 1998, the bill has been delayed by successive governments and political parties. Both of Ghana’s major political parties—the National Democratic Congress (NDC) and the New Patriotic Party (NPP)—have been criticised for failing to push the bill forward, despite repeatedly making campaign promises to do so.
Earlier this year, Gender Minister Dakoa Newman reintroduced the bill to parliament, where it was passed in July. Reflecting on the delays, Dinah Adiko recalled how close the bill had come to passing in 2014, only to be set back by a change in government after the 2016 elections.
How will this impact elections?
The new law could have a significant impact on Ghana’s political landscape, particularly with general elections set for December. The Electoral Commission is now required to ensure that political parties comply with gender quotas for female candidates at all levels. The law also mandates the Commission to put measures in place to boost female participation in the electoral process, both as candidates and voters.
At present, only two women have submitted nominations for the upcoming presidential election, a decrease from the 2020 race. However, with the new law in place, there is hope that more women will be encouraged to run for political office.
MP Abla Dzifa Gomashie expects political parties to ‘engage vigorously’ in ensuring women have a fair chance to participate in elections, while also creating a more inclusive environment for women to contest.
Little public backlash
The new law has received little public criticism, with only minor concerns raised about the concept of ‘discrimination in favour of women.’ At a recent press conference, a journalist questioned whether affirmative action policies were fair, but this was swiftly dismissed by Gender Minister Dakoa Newman, who stated, ‘Ghanaian women are qualified to hold positions of authority and influence,’ the BBC reported.
The overwhelming response to the law has been positive, with most citizens and officials welcoming the move as a necessary step towards achieving gender parity in Ghana.
A step towards gender equality
Ghana’s new Affirmative Action Act marks a crucial milestone in the country’s journey towards gender equality. With a clear focus on increasing female representation in decision-making roles, the law is set to transform the landscape for women in politics, business, and public life. As the country works towards achieving 50% female representation by 2030, all eyes will be on how effectively the new law is enforced and whether it delivers on its promises for a more inclusive society.
