A REVIEW OF THE AFFIRMATIVE ACTION (GENDER EQUITY) ACT, 2024, (ACT 1121) OF GHANA
“Women belong in all places where decisions are being made” Justice Ruth Bader Ginsburg, Justice of the US Supreme Court.
INTRODUCTION
In July 2024, the 8th Parliament of the Republic of Ghana passed the Affirmative Action (Gender Equity) Bill into law.[1] The Bill received Presidential Assent on the 11th day of September 2024 and hence became an Act of Parliament as part of the laws of the Republic pursuant to Article 11(1)(b) of the 1992 Constitution of Ghana. The proper citation of the law therefore became, Affirmative Action (Gender Equity) Act 2024, (Act 1121). In the remaining part of this paper, the Author proposes to do a brief review of the Act, with the aim of providing some education and insight into this new piece of progressive legislation, taking cognizance of the fact that this legislation, although long overdue, may not be known to many without much publicity and conscientization and the Author contributes to that enterprise.
Some strides seem to have been made in Ghana with regard to Affirmative Action and Gender Equity. For the first time in the history of Ghana, there is a female Vice President of the Republic of Ghana, Professor Jane Naana Opoku-Agyemang. The current Chief Justice, Her Lordship Justice Getrude Araba Esaaba Sackey Torkornoo is a female and so were other two Chief Justices before her, Her Lordship Justice Georgina Theodora Wood (15 June 2007 – 8 June 2017), and Her Lordship Justice Sophia A.B Akuffo (19 June 2017 – 20 December 2019) all being women. In September 2024, specifically and coincidentally on the day the law received Presidential assent, 11th September 2024 the Ghana Bar Association, at its Annual conference in Kumasi, for the first time since its inception elected its first female president in the person of Mrs. Efua Ghartey,[2] among others to which the Author shall return.
Constitutional Basis for the Affirmative Action and Gender Equity Legislation.
The Constitution of Ghana is the supreme law and any other law must be consistent with it and derive its strength and power from the 1992 Constitution. Article 17 of the 1992 Constitution deals with discrimination and provides for equality before the law. The law is that, “All persons shall be equal before the law”[3]. It is further provided that, “A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status”[4]. (emphasis the Author’s). Having established the fact that all persons are equal before the law and proscribing discrimination on certain basis, the Constitution proceeds to define discriminate to mean, “to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description which are granted of persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description”[5]. The above suggests that persons must not be discriminated along any of the lines above because all persons must be treated equal. The Author is however not oblivious of the decisions by the Supreme Court like Asare v Attorney General[6], Nartey v Gati[7] on Article 17 to the effect that not all forms of discrimination is unlawful, that discrimination based on some other grounds may not be unlawful, which will be a subject for another discourse.
The Constitutional basis for the Affirmative Action (Gender Equity) Act, 2024 (Act 1121) in the Author’s view is Article 17(4) and Article 35(5) and (6) of the Constitution of Ghana, 1992. Article 17(4) provides that, “Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide- (a) for the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the Ghanaian society.; (b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; (c) for the imposition of restrictions on the acquisition of land by persons who are not citizens of Ghana or on the political and economic activities of such persons and for other matters relating to such persons; or (d) for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution” (emphasis the Author’s). The above seeks to ensure that laws can sometimes be passed to deliberately correct or redress the inequities or the consequences of such, owing to some historical facts. When such laws are made, those laws shall not be considered inconsistent with the constitution. Article 17(5) provides in that regard that, “Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Chapter.” Under the Directive Principles of State Policy in the Constitution, Article 35 (5) provides that, “The State shall actively promote the integration of the people of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.” In taking steps to achieve the objective in Article 35(5), the Constitution further provides in Article 35(6)(b) that, “Towards the achievement of the objectives stated in clause (5) of this article, the State shall take appropriate measures to (b) achieve reasonable regional and gender balance in the recruitment and appointment to public offices.” The Author suggests that, Articles 17(4) and 35 (5) and (6) of the Constitution 1992 can be considered as the Constitutional basis for the Affirmative Action (Gender Equity) Act 2024, (Act 1121).
General Overview of Act 1121
Under this head, the Author gives a general overview or outlook of the legislation. The 34 paged Act has 31 sections in all, divided into 7 parts and in addition to the sections there are 7 schedules to the Act. The broad parts of the Act include, Principles of Gender Equity (Sections 1 to 3), Gender Equity Committee (Sections 4 to 13), Affirmative Action and Gender Equity in Governance Institutions (Sections 14 to 18), Gender Responsive Budgeting in Sectors of Government (Section 19), Political Parties and Gender Equity (Section 20), Private Employment (Sections 21 to 24), Miscellaneous Provisions (Sections 25 to 31.) The 1st Schedule sets out the Process of Measuring Progressive Compliance with Targets, 2nd Schedule deal with International Obligations of Ghana, 3rd Schedule takes care of Guideline and Strategies for Gender Equity in relation to the Public Services, 4th Schedule Strategies for Gender Equity in relation to the Executive, the 5th Schedule takes care of Strategies for Gender Equity in relation to the Judiciary, the 6th Schedule focusses on Strategies for Gender Equity in relation to Parliament and the Parliamentary Service and the 7th Schedule deals with Strategies for Gender Equity in relation to Political Parties.
The Memorandum to the Bill provides the purpose of the law thus, “The purpose of the Bill is to effectively redress social, cultural, economic and political gender imbalance in the country, based on historical discrimination against women emanating from persistent patriarchal socio-cultural systems and norms in spite of de jure equality of men and women. The resulting unequal participation in both development processes and outcomes reinforce the unequal status of men and women, and undermines sustainable development of the country.” It continues to say that, “The Bill seeks to provide an accountability framework for gender equality and the empowerment of women aimed at providing both executive and legislative yardstick for measuring the commitment and progress of the country towards achieving gender equality as well as address discrimination against women with disabilities and promote their full inclusion and participation in social, economic, political and cultural spheres of life in accordance with the Persons with Disability Act, 2006 (Act 715)”
Affirmative Action and Gender Equity.
Names have significance for human beings and so does it for legislation. The name of a piece of legislation will give an indication of the focus of the purpose of the legislation. In doing so, the Author attempts to focus on Affirmative Action and Gender Equity and what they are.
Affirmative Action
Affirmative Action is defined as a policy aimed at increasing workplace and educational opportunities for people who are underrepresented in various areas of society. It seeks to eliminate discrimination and provide fair access to education, employment, and other opportunities based on race, gender, disability, and other factors.”[8] Another scholar, defines Affirmative Action as positive discrimination thus, “policies and practices that favour groups (mainly ethnic groups and women) who have historically experiences disadvantages (usually in the field of employment and education.)” Affirmative Action therefore aims to provide some opportunities for people who have suffered some disadvantages in the past with the aim of assisting to reduce the effect of the disadvantage so suffered. The Act 1121 defines Affirmative Action as used in the Act to mean, “a set of measures including enactments, policies, practices and strategies adopted by the Government, public and private institutions to address a history of systemic discrimination and exclusion of women and to encourage their efforts towards addressing political, social, cultural, economic and educational gender imbalance in the public and private sectors in accordance with clause (4) of article 17 of the Constitution.[9]”
Gender Equity
Gender Equity simply entails recognizing the differences between genders and acknowledging their different needs, constraints and aspiration, only then can equal chances and equal outcomes be created. The Act defines Gender Equity as used in the Act to mean, “the process of being fair to women and men in a way that leads to equal social value, equal rights and responsibilities and equal access to the means of access to them.[10]”
The above shows that the name of the legislation is to achieve a certain purpose which as stated earlier is to redress a certain imbalance in the society historically. The Author can only hope that in so doing, the correction is not done in such a way that the other gender that is seen to have benefited from past inequities or inequalities will also suffer, in which case a case would have to be made for the boy child in the near or distant future.
In interpretation of any piece of legislation, the parts are of great importance, whether it is an aid to interpretation or just for convenience. The Long Title of Act 1121 anchors the purpose of the Act as discussed supra thus, “AN ACT to provide for affirmative action for gender equity in public and private sectors and for related purposes”
Principles of Gender Equity
Part 1 deals with Principles of Gender Equity and comprises Sections 1 to 3. Section 1 titled Object of the Act provides that, “(1) The object of this Act is to ensure the attainment of gender equity in the political, social, economic, educational and cultural spheres of the society. (2) The implementation of this Act and the attainment of the targets shall be progressive and subject to evaluation in accordance with the First Schedule.” It continues to provide in subsection 3 that, “The Government shall promote policies and programmes to redress the political, social, economic and educational gender imbalance in the public and private sectors.” Section 1 therefore sets the tone of the law and the obligation of the Government in achieving the purpose of the law. The Section 2 deals with Directive Principles and provides that, “The Government shall set progressive targets for the achievements of gender equity (a) in accordance with international conventions and regional agreements to which Ghana is a signatory; and (b) for purposes of appointments to positions of decision-making at all levels in the public service”. Section 2(2) is instructive when it provides that, “The Government shall take appropriate measures in the public and private sector to ensure full integration of women into the mainstream of all spheres of development.” The import here is that the focus of Government in this regard is not just on the public sector but also the private sector. Section 3 basically is a call on the state’s obligations under other international treaties. It provides that, “International obligations on redressing gender imbalance as set out in the first column of the Second Schedule are enforceable to the extent that they are applicable to the Republic and consistent with the Constitution.” The Republic is party to several international conventions which is being incorporated into this Act by reference, some of these conventions include, Sustainable Development Goals, African Charter on Democracy, Elections and Governance 30th January 2007, the African Unition Agenda 2063, Convention on the Elimination of all Forms of discrimination against women (CEDAW) 1981.
Gender Equity Committee, Composition and Functions
Part 2 of the Act begins with the Gender Equity Committee which is established under section 4. The Gender Equity Committee so established shall consist of the chairperson of who is a representative of the Ministry not below the rank of Director, and one representative of the Ministry of Local Government, Decentralisation and Rural Development not below the rank of a Deputy Director nominated by the Minister responsible for Local Government, Decentralisation and Rural Development[11], the Office of the Attorney-General not below the rank of a Principal State Attorney nominated by the Attorney-General;[12], Public Services Commission not below the rank of a Deputy Director nominated by the Chairperson of the Public Service Commission;[13], the Commission on Human Rights and Administrative Justice not below the rank of a Deputy Commissioner nominated by the Commissioner for Human Rights and Administrative Justice;[14]. Other members of the Gender equity Committee are representatives of the National Council for Persons with Disability nominated by the council, the Trade Union Congress, Ghana Employers Association, Private Sector organisations which focus on gender issues nominated by private sector organisations, civil society organisations focusing on gender issues nominated by civil society organisations, one expert in gender issues nominated by the Minister[15], and one expert in policy planning, monitoring and evaluation nominated by the National Development Planning Commission. The law also provides that the Secretary for the Gender Equity Committee shall be the Director for Department of Gender.[16] The Minister used in this Act is the Minister responsible for Gender, Children and Social Protection.[17] The Author notes the membership of the Committee is carefully chosen from a wide range of arrears of the society. On who can qualify to be a member, the law provides a criteria of expertise for membership in section 4(2) thus, “A person is qualified for appointment as a member of the Committee if that person has at least five years’ experience in matters relation to any of the following disciplines: (a) law; (b) public administration; (c) economics; (d) gender and social development; (e) human rights; (f) management; (g) social sciences; or (h) any other relevant discipline.” Membership of the Committee shall be in accordance with the Act[18] and shall be done by the Minister[19].
The function of the Gender Equity Committee is central to the fulfilment of the purpose of the Act. Section 5 provides for the functions of the Committee which include to, ensure and monitor compliance with the Act;[20] receive and analyse annual reports on achieving gender balance from organisations and institutions and recommend to the Minister, organisations and institutions that are deserving of Gender Equity Compliance Certificates;[21] receive complaints of non-compliance with the Act and mediate on same;[22] develop national plan of action to monitor, report on and address matters relative to the implementation of the Act;[23] receive and investigate complaints about gender discrimination and make appropriate recommendations for redress;[24] provide information to any party in a gender dispute on the rights of the party, remedies available to that party and the obligations of the party;[25] facilitate, promote and coordinate public education programmes for the creation of a culture of respect for gender equity and to advise the Minister on policy matters and any other matter relevant to the implementation of the Act.[26] In terms of reporting, the Committee is mandated to submit an annual report on gender equity including gender disaggregated data in all sectors to the Minister.[27] The members of the committee shall hold office for a term of four years and eligible for re-appointment for another term[28]. Like any other Committee, a member may at any time resign from office in writing to the Minister[29]. All other provisions of Committee in legislation apply to this Act, including meetings of the Committee which shall be once every three months according to section 7(1), quorum requirement under section 7(3), Disclosure of Interest by members under section 8, Establishment of Sub committees under section 9, Allowances under section 10, Policy directives under section 11. Section 12 provides for the establishment of the Secretariate of the Committee. Section 13 provides that the Minister shall on the recommendation of the Committee, issue a Gender Equity Compliance Certificate to deserving organisations or institution.
Affirmative Action and Gender Equity in Governance Institutions
Part 3 deals with Affirmative Action and Gender Equity in Governance Institutions. This part is devoted to affirmative action in the public sectors. In section 14, provision is made for Governance and decision-making in the Public Service. It provides that, “The Government shall ensure progressive gender balance in public office, governance and decision-making positions”[30]. Section 14(2) provides that “The President shall ensure the progressive achievement of the gender equity targets set out in the First Schedule in making appointments to the following; (a) ministerial positions; (b) the Council of State; (c) the independent constitutional bodies; (d) governing bodies of State institutions; (e) the Public Services; (f) District Assemblies; and (g)any other office to which the President makes an appointment.” The Author takes the view that this section sets the tone and place the obligation on the President to set the right tone from his side. The President in making these appointments must have regard to gender equity and the guidelines in the third schedule to this Act. The third Schedule provides for guidelines and strategies for Gender equity in relation to the public services. It makes provisions including the fact that, where a specific number of members is required for appointment, a specified number of the seats shall be reserved for women. In managerial appointments there shall be gender balance, the Public Service Commission shall provide guidelines to all public institutions to ensure promotion of gender equity. There must be plans to eliminate gender stereotyping among other impediments. With the appointments by H.E John Dramani Mahama upon assumption of office, questions have been raised whether he has appointed sufficient females into the various positions that meet the requirements of the Act 1121.[31] The President however indicates that his government is working towards the achievement of the 30% target in the law which must be realized by January 2026, although currently around 23.21%[32].
Section 15 provides for Gender Equity in the Public Service and provides that in filling vacancies for decision-making, the governing body of public service institution shall have regard to provision of the Act to ensure gender equity.[33] It is provided further that, “A person who is assessed for employment into the Public Service may lodge a complaint which the Committee if that person reasonably believes that the person has suffered gender-based discrimination in the process of employment.”[34]
Gender Equity in the Security Services
In section 16, provision is made for Gender Equity in the Security Service of Ghana and says that “The governing councils of the Security Services shall, in recruiting and filling vacancies for positions at all levels, have regard to the provisions of this Act to ensure gender equity within the Security Services at any point in time.” This implies that to all intents and purposes, there shall be no gender discrimination in the recruitment at the security services. Subsection 2 of Section 16 provides emphatically that, “A woman shall not be subjected to discrimination on the basis of the gender of the woman in the Security Services and shall have equal opportunity to (a) receive training to enable that woman to rise to a leadership position in the Security Service; and (b) head a Security Service.” The law requires that gender equity provisions are set out in the standard operating procedures in accordance with the Act[35].
Gender Equity in the Judicial Service
Gender Equity in the Judicial Service is provided for under section 17. Section 17(1) provides that, “Subject to the provisions of article 153 of the Constitution, there shall be equitable representation of women and men on the judicial council.” In section 17(2) “The Judicial Council shall ensure the progressive achievement of gender equity targets set out in the First Schedule in the appointment of Judges to the Superior and Lower Courts and in the appointments of other judicial officers.” The progressive gender equity targets in the First Schedule are that, from 2024 to 2026 the country must achieve a target of 30%, from 2027 to 2028, 35% and from 2029 to 2034 50%. By implication, by the year 2034, there should be equal numbers of men and women in such places. As earlier indicated, this should be achieved without any disadvantage to the males or boy child.
Gender Equity in Parliament and Parliamentary Service
Section 18 is devoted to ensuring gender equity in the legislative arm of government and the Parliamentary Service. The Parliament of Ghana is governed by the Constitution 1992, the Parliament Act 1960 (Act 300) as well as the Standing Orders of Parliament formulated in accordance with the Constitution. Section 18(1) provides that, “The Speaker and Leadership of Parliament shall ensure the progressive achievement of the gender equity targets set out in the First Schedule in appointments to leadership positions and Committees of Parliament.” This impose an obligation on the Speaker and leaders of Parliament to ensure that leadership of Parliament and its committee is not gender biased or dominated by males. Among the leadership of Parliament, the Author is comforted at least that there is one female in leadership being the Deputy Minority Leader in the person of Mrs. Patricia Appiagyei. The Appointments Committee so far has no woman in leadership since both the chair and ranking are males. It is the Author’s belief that as the committee are being formed, the Affirmative Action (Gender Equity) Act will find expression in both the formation of committees and their leadership. The Act also in Schedule 6 provides for Strategies for Gender Equity in relation to Parliament and Parliamentary Service, including without limitation to the Speaker, the Clerk and Leadership pf Parliament tracking and monitoring the experiences of females Members of Parliament, the Speaker and Leadership of Parliament ensuring that gender-sensitivity training is conducted for Members and Staff of Parliament and Parliamentary Service with the aim to raise awareness about gender issues and promoting gender equity. The Speaker and Leadership are also to ensure a conducive environment that supports women in Parliamentary Service to balance official duties with their family responsibilities. The Author suggests and note that, these could include ensuring that females have facilities like day-care, nursery facilities etc so that female nursing mothers who are Members of Parliament or Staff can safely bring their children to work and nurse them while still performing their official functions.
Gender Responsive Budgeting
There is the need for Gender Responsive Budgeting which is provided for by section 19 of the Act. Government is required to take steps to promote gender responsive budgeting in all sectors of the economy. The section requires all Ministries, Departments and Agencies to include a budget line to deal with gender specific and gender sensitive issues that have been identified in their respective plans.[36] Section 19(3) makes the Ministry responsible for Finance to ensure the provision of adequate resources for the implementation of prioritized gender equity policies, programmes and projects. In addition to the above, Parliament is also to ensure the allocation of adequate resources for funding and demand accountability for utilization.
Political Parties and Gender Equity
Section 20 of the Act deals with Political Parties and Gender Equity. It makes it mandatory for political parties to align with the objective in the First Schedule and same factored into the sponsorship of candidates for election and appointments or elections of persons to serve in some capacities. The Political Parties as long as registered with the Electoral Commission shall submit to the Electoral Commission an annual report on gender equity in the party which report the Electoral Commission in the Gazette. There is a schedule to gender equity which is detailed in the Seventh Schedule.
Gender Equity and the Private Sector.
One is likely to be tempted to believe that the Affirmative Action (Gender Equity) Act is for public institutions and not private enterprises. The Act makes provisions in Section 21 by providing in subsection 1 that, “An employer in the private sector shall take measures to ensure progressive gender equity of employees within the period specified in the First Schedule.” Subsection 2 provides that; the employer shall have a gender equity policy which is subject to renew periodically every four years. The gender equity shall be made in consultation with the employees and part if the organization’s strategic plan. From the above, it is seen that all sectors of the economy have been captured.
Section 22 requires the submission of an annual gender equity report to the Gender Equity Committee established under Section 4 of the Act. A leader of a trade union within an organization is supposed to include information on gender equity in the annual report submitted to organized labour. Section 23 provides for Compliance and is to the effect that, Where the Gender Equity 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, however, use an alternative means to resolve.
Incentives to Private Employers.
What’s it in for private employers if they comply with the Act? Section 24 of the law provides incentives for private employers. It provides that. “The Minister responsible for Finance shall in consultation with the Minister and Ghana Revenue Authority, develop guidelines for granting tax incentives to employers within private sector who comply with the provision of the Act.”[37] Under subsection 2, any employer who is able to comply with the First Schedule within the first twelve months of the coming into force of the Act or after twelve months of the coming into force of the Act may apply to the Minister responsible for Finance for a tax incentive. It is suggested that if implemented, it will encourage a lot of private employers to give favourable consideration to this. Section 24(3) also grant the Minister responsible for Finance the opportunity under the Exemptions Act, 2022 (Act 1083) to grant tax incentives to an employee who can comply with the First Schedule within the manner in section 24(2).
The Act devotes sections 25 to 31 to Miscellaneous provisions. Sections 25 provides for grievance resolution procedure, that a person may submit a complaint in writing about gender inequity to the Gender Equity Committee. The avenue of submitting the complaint to the Gender Equity Committee is not mutually exclusive to other avenues and to that extent section 25(2) provides that despite the option to submit to the Gender Equity Committee, a person may also submit a complaint in writing about a gender inequity to the Commission on Human Rights and Administrative Justice (CHRAJ). The law is not oblivious of the fact that not all complainants are literate and can write, and in that regard, provisions are made in sections 25(3) and (4) for persons to submit complaints orally in which cases the complaints must be recorded by the person to whom it is made and the complainant shall thumb print same. Although the Act does not mention the thumb printing must come with a jurat clause, it is implied by the Illiterate Protection Ordinance and its section 4 thereof, failing which the complaint might suffer a legal challenge. The National Labour Commission (NLC) may investigate the complaint if same is referred to the NLC by CHRAJ, which must settle by mediation within six months upon receipt of the complaint. A person aggrieved by the resolution by the NLC, CHRAJ or the Gender Equity Committee or if the six months period has elapsed and there is no resolution, may submit the complaint to the High Court and put the Gender Equity Committee on notice. In section 26, provision is made for public and private institutions cooperation, where the Minister may seek information on gender equity from a public or private institution and the officer responsible shall cooperate, failing which the officer commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty unites (200 * 12 – GHS2,400.00) and not more that five hundred penalty united (500*12-GHS6,000.00) or to a term of imprisonment of not less than three months and not more than twelve months, or to both. This means that an officer who fails to cooperate may suffer both a fine and a prison term. Per section 27, the Minister may require an institution or body to provide gender disaggregated statistics.
Section 28 is devoted to offences. It is said that a law without a biting punishment is an advice. Laws must therefore provide sanctions for infringements. The following are offences when committed by a person. A person who, victimizes, obstructs or exerts undue influence on a person in an attempt to defeat the object of the Act,[38] subjects an employee to gender specific verbal attack, stereotyping, hate speech or harsh rhetoric,[39] discriminates against, intimidates or seeks to disqualify a candidate on grounds of gender[40], fails to provides information as required under this Act,[41] knowingly provides false information contrary to the requirements of this Act,[42] commits an offence and is liable on summary conviction to a fine of not less than five hundred penalty units (500*12=GHS6,000.00) and not more than one thousand penalty units (1000*12 =GHS12,000.00) or to a term of imprisonment of not less than six months and not more than twelve months, or both. Section 28(2) goes ahead to provide that, An employer in a private sector who fails to comply with this Act commits an offence and is liable on summary conviction to a fine of not less than five hundred penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than six months and not more than twelve months or to both. The Author emphasis the sanctions for private employers since it is subject to the Act as any public employer is.
Section 29 makes provisions for the Minister to make Regulations by way of Legislative Instrument on specific measures related to gender equity, for specific measures related to the prohibition of discrimination; to prescribe for matters relating to administrative decision-making and recruitment; to provide for filing of complaints, on training of institutions, on date collection among others.
Section 30 makes the Ministry of Gender, through the Department of Gender responsible for the implementation of the Affirmative Action (Gender Act), 2024 (Act 1121).
Gender Equity and how far Ghana has come
The conversation on Affirmative Action and Gender Equity has been on the front burner for some time now in Ghana. The Author notes that some strides have been made in this area albeit there is more room for improvement having regard to the gender dynamics. For instance, Ghana so far has had three female Chief Justices, the first one being Her Lordship Justice Georgina Theodora Wood, followed by Her Lordship Justice Sophia A.B Akuffo and now Her Lordship Justice Gertrude Araba Esaaba Sackey Torkonnoo. The number of females on the Supreme Court Bench is quite appreciable. Ghana under the fourth Republic has also had a female Speaker of Parliament in the person of Her Lordship Justice Joyce Bamford Addo. In the September 2024, as if to welcome the coming into force of the Affirmative Action (Gender Equity) Law, the Ghana Bar Association for the first time in its history elected its first female President in the person of Mrs. Efua Ghartey and its second female Vice President in the person of Mrs. Victoria Barth. For the first time since its formation, the Ghana Bar Association is led by two females who contested their male colleagues and won on their merits. His Excellency John Dramani Mahama has for the first time in Ghana’s history given an unprecedented boost to affirmative action and gender equity by producing for Ghana its first female Vice President in the person of Her Excellency Professor Jane Naana Opoku Agyemang, not only that, but several appointments have recently been made with qualified females being appointed to sensitive and high positions, mention can be made of the Director General of the Ghana Prison Service, Acting Chief Executive Officer of the Petroleum Commission, among others. This in the Author’s view suggests that with the right mindset with more incentives, attaining gender equity is not impossible.
Conclusion
In conclusion the Author suggests that the Act has been long overdue, but it has come at the right time, Government and its institutions as well as the private sector should embrace its provisions and ensure the provision are complied with, so as to achieve the objective of the Act. In doing so, caution must be taken not to disadvantage the male colleagues or the boy child. The Author is tempted to end by associating myself with another quote by the United States Supreme Court Justice, Ruth Bader Ginsburg, thus, “As women achieve power, the barriers will fall. As society sees what women can do, as women see what women can do, there will be more women out there doing things, and we’ll all be better off for it…. I pray that I may be all that [my mother] would have been had she lived in an age when women could aspire and achieve, and daughters are cherished as much as sons.”
Dedication
The Author dedicates this piece to his two daughters (Krista Naa Dedei Sampson and Rosebelle Naana A.E. Sampson), one of who celebrates her birthday on 7th April. Happy Birthday to her. It is my dream that they like all other women will be given equal opportunities, where they will be judged not by their gender but by their capabilities and content of their character.
[1] https://moi.gov.gh/newsroom/2024/08/affirmative-action-act-2024-gender-equity-passed-by-parliament/#:~:text=August%208%2C%202024,yet%20to%20reach%20the%20President.
[2] https://www.myjoyonline.com/profile-of-gbas-first-female-president-efua-ghartey/
[3] Article 17(1) of the Constitution of Ghana, 1992
[4] Article 17(2) of the Constitution of Ghana, 1992
[5] Article 17(3) of the Constitution of Ghana, 1992
[6] [2012] GHASC 31 (22 Many 2012) coram Anin-Yeboah JSC, Owusu JSC, Ansah JSC, Akuffo JSC, Gbadegbe JSC, Atuguba ACJ, Brobbey JSC, Date Bah JSC, Bamfo JSC
[7] [2010] SCGLR 745, coram, Akuffo (Ms) (Presiding), Brobbey JSC, Dr. Date-Bah JSC, Ansah JSC, Owusu (Ms) JSC, Dotse JSC, Yeboah JSC, Baffoe-Bonnie JSC
[8] https://www.orangehrm.com/en/resources/hr-dictionary/affirmative-action#:~:text=Affirmative%20action%20refers%20to%20policies,%2C%20disability%2C%20and%20other%20factors.
[9] Section 31 of Affirmative Action (Gender Equity) Act, 2024 (Act 1121)
[10] ibid
[11] Section 4(1)(b)(i) of Act 1121
[12] Section 4(1)(b)(ii) of Act 1121
[13] Section 4(1)(b)(iii) of Act 1121
[14] Section 4(1)(b)(iv) of Act 1121
[15] Section 4(1)(b)(ix) of Act 1121
[16] Section 4(2) of Act 1121
[17] Section 31 of Act 1121
[18] Section 4(3) of Act 1121
[19] Section 4(4) of Act 1121
[20] Section 5(1) (a) of Act 1121
[21] Section 5(1) (b) of Act 1121
[22] Section 5(1) (c) of Act 1121
[23] Section 5(1) (d) of Act 1121
[24] Section 5(1) (e) of Act 1121
[25] Section 5(1) (g) of Act 1121
[26] Section 5(1) (i) of Act 1121
[27] Section 5(3) of Act 1121
[28] Section 6(1) of Act 1121
[29] Section 6(2) of Act 1121
[30] Section 14(1) of Act 1121
[31] https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Minority-Leader-questions-government-s-commitment-to-gender-equity-in-appointments-1974110
[32] ibid
[33] Section 15(2) of Act 1121
[34] Section 15(3) of Act 1121
[35] Section 16(3)
[36] Section 19(2) of Act 1121
[37] Section 24 (1) of Act 1121
[38] Section 28(1)(a) of Act 1121
[39] Section 28(1)(b)
[40] Section 28(1)(c)
[41] Section 28(1)(d)
[42] Section 28(1)(e)