The Affirmative Action (Gender Equality) Act 2024 represents a landmark legislative effort in Ghana's ongoing journey towards achieving gender parity across all sectors of society.

This Act, recently passed by the Ghanaian Parliament, seeks to address the historical and systemic gender imbalances that have long permeated the nation's political, social, economic, and cultural landscapes.

Here are 20 questions and answers on the Act.

1. What is the primary objective of the Act?

The primary objective of the Affirmative Action (Gender Equality) Act is to ensure the achievement of gender equality in political, social, economic, educational, and cultural spheres within Ghanaian society. It seeks to eliminate gender disparities by implementing progressive measures and evaluating their impact periodically. The ultimate aim is to create a balanced representation of genders across all sectors, contributing to national development.

• What roles and responsibilities are assigned to the Gender Equality Committee established by the Act?

The Gender Equality Committee is responsible for ensuring compliance with the Act's provisions, receiving and analysing annual gender equality reports from organisations, issuing compliance certificates, mediating complaints of non-compliance, and developing national action plans. The committee also liaises with government agencies and private institutions to promote affirmative action and advises the Minister on relevant policy matters. Additionally, it coordinates public education programmes to foster a culture of respect for gender equality.

• What specific targets and quotas does the Act set for gender representation in governance and public service?

The Act sets specific targets for gender representation, aiming for 30% by 2026, 35% by 2028, and 50% by 2030. These quotas apply to appointments in public offices, governance positions, decision-making roles, and leadership positions across various sectors, including ministerial roles, the Council of State, independent constitutional bodies, and the Public Service. Public institutions are required to include gender equality information in their annual reports to the Public Services Commission.

• How does the Act address gender equality in the security services and the judiciary?

The Act mandates that security services ensure gender equality in recruitment and leadership positions, prohibiting gender-based discrimination and promoting equal training opportunities for women. For the judiciary, the bill ensures equal representation of women and men on the Judicial Council and sets targets for gender equality in appointing judges and other judicial officers. The Judicial Council or a sub-committee is responsible for monitoring the implementation of gender equality within the judiciary.

• What measures are included to ensure gender-responsive budgeting across government sectors?

Gender-responsive budgeting is a critical strategy outlined in the Act. All government ministries, departments, agencies, and District Assemblies must include budget lines for addressing gender-specific issues in their plans. The Ministry of Finance is tasked with ensuring adequate resource allocation for gender equality initiatives. Parliament is responsible for demanding accountability for the utilisation of these resources, ensuring that funds are effectively used to promote gender equality.

• What are the obligations of political parties under the Act to promote gender equality?

Political parties are required to achieve progressive gender equality targets in participation and representation. They must adopt measures to support gender equality in candidate nominations and party leadership appointments. Political parties are also required to provide information and financial resources to support gender equality initiatives. The Electoral Commission monitors compliance, ensuring that political parties develop and adhere to gender equality policies and submit annual reports on their progress.

• How does the Act support gender equality in trade unions and the private sector?

Trade unions must reflect the principle of gender equality in their constitutions and work towards gender-balanced representation on their executive boards. In the private sector, employers are required to develop and implement gender equality policies, submit annual reports, and ensure progressive gender equality among employees. The Act provides guidelines for monitoring compliance and addressing grievances related to gender inequality. Non-compliant trade unions may face registration denial or revocation.

• What incentives and penalties are specified for compliance or non-compliance with the Act’s provisions?

The Act includes tax incentives for private sector employers who meet gender equality targets, encouraging compliance through economic benefits. Penalties for non-compliance include fines, imprisonment, and the revocation of trade union registrations. Employers who comply with the bill's provisions within specified time frames can apply for tax incentives. The Act ensures that both public and private entities are held accountable for their efforts towards achieving gender equality.

• What are the specific incentives available for private-sector employers under the Act?

The Act provides several incentives for private-sector employers who comply with its provisions. These include:

• Tax Incentives: Employers who meet gender equality targets within specified time frames can apply for tax incentives. The Minister responsible for Finance, in consultation with the Minister and the Ghana Revenue Authority, will develop guidelines for granting these incentives.
• Preference in Government Contracts: Private sector employers who have been issued with a Gender Equality Compliance Certificate will be given preference in the award of government contracts.
• Recognition and Support: Compliant employers may also receive public recognition and support from relevant government bodies.

1.  What are the offences and penalties under the Act for non-compliance and discrimination?

The Act outlines several offences, including:

• Victimising, obstructing, or exerting undue influence on a person in an attempt to defeat the object of the Act.
• Subjecting an employee to gender-specific verbal attacks, stereotyping, hate speech, or harsh rhetoric.
• Discriminating against, intimidating, or seeking to disqualify a candidate on grounds of gender.
• Failing to provide information as required under the Act.
• Knowingly providing false information contrary to the requirements of the Act.

Penalties for these offences include fines ranging from not less than five hundred penalty units to not more than one thousand penalty units, or a term of imprisonment of not less than six months and not more than twelve months, or both.

Additionally, employers in the private sector who fail to comply with the provisions of the Act also face similar penalties.

1.  How does the Act align with Ghana’s international obligations and conventions on gender equality?

The Act aligns with international conventions and regional agreements to which Ghana is a signatory, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples' Rights. By incorporating these international standards, the bill ensures that Ghana’s gender equality efforts are consistent with global best practices and commitments. The government is mandated to integrate these obligations into national policies and programmes, promoting gender equality at all levels.

1. How will the Act promote gender equality in education?

The Act mandates the Ministry of Education to ensure gender balance in access and opportunity to education at all levels. It includes provisions for reviewing curricula to include courses on gender equality, establishing programmes to address barriers to education for girls, and providing appropriate interventions in deprived districts. Particular emphasis is placed on promoting girls' education through various incentives and support mechanisms, ensuring their retention and success in the education system.

1. What strategies are in place for achieving gender equality in health services?

The Ministry of Health is tasked with ensuring the reduction of anaemia in adolescent girls and women of reproductive age, as well as reducing maternal mortality. The National Population Council will provide reproductive health education for adolescent girls and work to reduce child marriages and teenage pregnancies. These health-focused strategies aim to improve the well-being and empowerment of women and girls in Ghana.

1. How does the Act ensure the protection of women's employment rights?

The Ministry of Employment and Labour Relations is responsible for protecting the employment of pregnant women, promoting social protection for women in informal employment, and ensuring financial literacy and social security for women in household and care work. The Act also includes provisions to protect domestic workers, including migrant workers, from exploitation and discrimination.

1. How does the Act facilitate grievance resolution related to gender inequality?

The Act provides a clear procedure for submitting complaints about gender inequality to the Gender Equality Committee, the Commission on Human Rights and Administrative Justice (CHRAJ), or the National Labour Commission. Complaints can be submitted in writing or orally and must be resolved through mediation within six months. If unresolved, the complaint can be taken to the Human Rights Division of the High Court.

1. What data collection and reporting mechanisms are established by the Act?

The Minister of Gender, Children, and Social Protection may require institutions to provide sex-disaggregated statistics. Annual reports on gender equality are to be submitted by employers and institutions, and the Gender Equality Committee will analyse them. This data collection is crucial for monitoring progress and ensuring accountability in achieving gender equality targets.

1. How will the Act impact the future of work in Ghana?

By setting clear targets for gender representation and implementing comprehensive measures across various sectors, the Act is expected to significantly increase women's participation in the workforce. This increased participation will contribute to a more diverse and inclusive work environment, fostering innovation and enhancing socio-economic development. The Act also provides incentives for private sector compliance and establishes penalties for non-compliance, ensuring that gender equality is prioritised in both public and private sectors.

1. What are the potential challenges in implementing the Act?

Potential challenges include resistance from sectors unaccustomed to gender quotas, the need for robust monitoring and evaluation mechanisms to ensure genuine compliance, and addressing deeply ingrained cultural and societal norms that perpetuate gender inequality. However, the Act’s comprehensive framework and establishment of the Gender Equality Committee provide a strong foundation for overcoming these challenges and achieving the desired outcomes.

1.  What is the overall impact of the Act on the broader socio-economic landscape of Ghana?

The Affirmative Action (Gender Equality) Act 2024 represents a significant step forward in Ghana's efforts to achieve gender equality. By addressing key areas such as education, health, employment, and governance and by aligning with international standards, the Act lays the groundwork for a more equitable and inclusive society. Its effective implementation will not only benefit women but also contribute to the overall socio-economic development of Ghana.

•  What are the recommended next steps for stakeholders of our business and business sectors?

These questions and answers provide highlights of the Affirmative Action (Gender Equality) Act 2024, outlining its key provisions and implications. To gain a more comprehensive understanding of the Act and its full scope, it is recommended to read the complete text of the Act. The full document offers detailed insights into the strategies, mechanisms, and legal frameworks that aim to promote and enforce gender equality in Ghana.

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