Ghana‘s Affirmative Action (Gender Equity) Act 2024, is a law to promote women‘s participation in all areas of society, including politics, economy, education, and social life, while simultaneously addressing gender inequality. The law received Presidential assent on 11 September 2024 and came into force on the same day. Continue reading.
Frequently Asked Questions:
Q1. What is the Affirmative Action Act, 2024?
Ghana‘s Affirmative Action (Gender Equity) Act 2024, is a law to promote women‘s participation in all areas of society, including politics, economy, education, and social life, while simultaneously addressing gender inequality. The law received Presidential assent on 11 September 2024 and came into force on the same day.
Q2. Who does the Act apply to?
The law is applicable to all business entities, institutions and bodies in both the public and private sectors. It mandates gender equity in appointments and decision-making positions
Q3. Who is responsible for the implementation of the Act?
The Ministry of Gender, Children and Social Protection, through the Department of Gender, is responsible for the implementation of this law.
Q4. What mechanisms are in place to monitor and enforce compliance?
- An Affirmative Action Monitoring Committee is created by the law with the responsibility of supervising implementation, obtaining compliance reports, and suggesting enforcement actions for non-compliance.
- Where the Committee determines that an employer has failed to comply with a gender equity policy, the Committee shall require a written undertaking from the employer to comply within six months.
- The Committee may also use an alternative dispute resolution mechanism such as negotiation, mediation, or arbitration to address issues of non-compliance.
- Additionally, the Committee will carry out audits every four years to ensure compliance with the Affirmative Act law.
Q5. Are there any immediate compliance responsibilities required by the Act?
Yes. All State and private institutions and entities must have a gender equity policy or plan. The deadline for all companies and public institutions to comply with the requirement to have gender equity policy and plan is within 12 months of the law coming into force. The gender equity policy and plan must be submitted to the Gender Equity Committee of the Ministry for Gender, Children and Social Protection. The gender policy and plan are essentially to address the targets set out in Question 6 below. A gender policy and plan of an organisation must be evaluated and reviewed every four years. Persons of an organisation must be consulted when drafting the gender policy and plan.
Q6. What are the milestones against which gender equity progress will be measured?
- Organisations must work towards achieving the minimum percentage of gender representation and inclusivity within the specified timeframes set out below:
- These are mandatory targets and organisations do not have exclusions to do otherwise
Q7. What are the guidelines and strategies for gender equity in relation to the public service?
- Where a specific number of members is required for appointment to a body, a designated portion of the seats must be reserved for women.
- Appointments to managerial or decision-making positions must be gender balanced. In cases where an odd number of positions makes equal representation impracticable, gender equity shall be ensured in the selection process.
- The Public Services Commission shall issue guidelines to all public institutions to promote gender equity in human resource management.
- The Public Services Commission shall implement measures to equip women for promotion to managerial positions in the Public Service and to prevent and address workplace discrimination in accordance with existing laws.
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