On the 31st of July 2024, a day already significant as Pan African Women’s Day—a day dedicated to celebrating and honouring the achievements of Africa’s women and advocating for gender equality—Ghana marked a historic milestone. On this day, the Ghanaian Parliament passed the long-awaited Affirmative Action (Gender Equality) Bill, 2024, a landmark piece of legislation aimed at addressing systemic gender imbalances and promoting equity across all sectors of society.
Understanding Affirmative Action
Affirmative Action refers to government-backed policies designed to address historical inequalities and improve opportunities for marginalized groups, particularly women. The overarching goal of such policies is to create opportunities for these groups to participate more fully and equitably in various sectors, ensuring their active involvement in public life.
The Purpose and Impact of the Affirmative Action Bill
The primary objective of the Affirmative Action Bill is to ensure gender equality in political, social, economic, educational, and cultural spheres in Ghana. It establishes an accountability framework for gender equality, empowering women, including those with disabilities, and addressing discrimination.
One of the key targets set by the Bill is to increase the active participation of women in public life from a minimum of 30% to 50% by 2030, aligning with the Sustainable Development Goals (SDG) targets.
The Constitutional and Legal Foundation
Ghana’s 1992 Constitution provides a solid foundation for affirmative action. Article 17 of the Constitution states that every person is equal before the law and prohibits discrimination on various grounds, including gender. Moreover, Article 17(4) allows Parliament to enact laws necessary to redress social, economic, or educational imbalances, further supporting the implementation of affirmative action.
Additionally, Ghana is a signatory to the African Charter on Human and People’s Rights (ACHPR), which mandates State Parties to remove discrimination against women and promote their equal participation in political life through affirmative actions.
A Brief Historical Context
Ghana has a history of affirmative action policies. As far back as 1960, the Representation of the People Act permitted ten women to join the National Assembly, signalling the government’s commitment to gender equality in governance. Subsequent policies, such as the creation of the Girls Education Unit in 1997 and a directive on affirmative action in 1998, further aimed at increasing the participation of women in education and public life.
However, despite these efforts, gender disparities persist. Cultural practices like FGM, gender-based violence, and male preferences in leadership continue to challenge the progress toward gender equality. Women with disabilities, in particular, face compounded disadvantages.
The Affirmative Action Bill: Key Provisions
The Affirmative Action Bill is structured into nine parts with six schedules, addressing various aspects of gender equality across different sectors. Some notable provisions include:
- Affirmative Action in Governance: The Bill mandates the government to ensure equitable representation of women in public offices, including ministerial positions and independent constitutional bodies. Specific seats are reserved for women, and a directory of qualified women is to be maintained for appointments.
- Gender Equality in Political Parties: Political parties are required to include gender equality targets in their constitutions and manifestos. Parties must also submit annual reports on gender equality to the Electoral Commission. Failure to comply may result in penalties, including the withholding of government support.
- Private Sector Obligations: Employers in the private sector must progressively achieve gender equality in their workforce, aiming for at least 30% female representation by 2026 and 50% by 2030. Companies are also required to have a gender equality policy, reviewed periodically, and must report their progress to a Gender Committee.
- Incentives for Compliance: The Bill provides incentives for private sector compliance, including tax breaks and preference in government contracts for companies that meet gender equality targets.
Challenges and Implementation Concerns
While the Bill outlines robust measures for achieving gender equality, questions remain about its implementation. For instance, the Bill requires employers to submit gender equality policies to a committee for review, but the frequency of committee meetings and the volume of work could challenge the effectiveness of these reviews.
However, the Bill does allow for the creation of sub-committees, which could help manage the workload. The collaboration with the Labour Department and the Office of the Registrar of Companies is also expected to enhance monitoring and compliance.
The passage of the Affirmative Action Bill is a significant step towards bridging gender gaps in Ghana. While the legislation provides clear incentives and outlines specific strategies to promote gender equality, its success will ultimately depend on effective implementation and a collective mindset shift among Ghanaians. The hope is that this Bill will not only serve as a symbolic victory but will lead to transformative change, fostering an environment where both women and men can contribute equally to the development of the nation.
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