AFFIRMATIVE ACTION BILL: DELVING INTO DECADES-LONG GENDER EQUALITY BILL PASSED INTO LAW

AFFIRMATIVE ACTION (GENDER EQUALITY) ACT, 2024

The Purpose of the Act

1. To ensure the achievement of gender equality in the political, social, economic, educational and cultural spheres of the society.
2.  The implementation of this Act and the achievement of the targets shall be progressive and subject to evaluation in accordance with the First Schedule.
3. The Act also seeks to redress gender imbalance by ensuring that the government promotes policies and programmes to redress the political, social, economic and educational gender imbalance in the public and private sectors.

Directives of the Act

1. The Government shall set progressive targets for the achievement of gender equality: in accordance with international conventions and regional agreements to which Ghana is signatory; and for purposes of appointments to positions of authority and decision-making in the Public Service.
2. The Government shall take appropriate measures in the public and private sectors for the full integration of women into all spheres of development.
3. A person may apply to the Minister for exemption from the requirements in this Act, if it is established that a specified gender is a bona fide occupational qualification requirement for the position in question.

Establishment of Gender Equality Committee

The Act establishes a Gender Equality Committee consisting of, a chairperson who is the Minister or the representative of the Minister, one representative each from the Ministry of Local Government and Rural Development, Office of the Attorney-General, and the Public Services Commission, CHRAJ, National Council for Persons with Disability, TUC, Ghana Employers Association, CSOs, and Private Sector Organization.

Some Functions of the Committee

1. Ensure and monitor compliance with this Act
2. Receive and analyse annual reports on gender equality from organisations and institutions and issue certificates of compliance.
3. Receive complaints of non-compliance with this Act and mediate on the complaints.
4. Develop a national plan of action to address, monitor and report on the progress of implementation of this Act.
5. Liaise with Government agencies and organisations and private institutions to promote affirmative action on gender equality in the country.
6. Submit an annual report on gender equality including gender disaggregated data in all sectors to the Minister

Governance and decision-making in the Public Service

1. The Government shall ensure progressive equitable representation of women in public office, governance and decision-making positions.
2. The President shall ensure the progressive achievement of the gender equality targets set out in the Act in making appointments to: ministerial positions; the Council of State; the independent constitutional bodies; governing bodies of State institutions; the Public Service; District Assemblies; and any other office to which the President makes an appointment.
3. A public institution shall include in the annual report of the public institution to the Public Services Commission information on gender equity and equality in accordance with guidelines prepared by the Public Services Commission as set out in the Act.

Gender equality in the Judiciary

1. Subject to the provisions of Article 153 of the Constitution, there shall be equal representation of women and men on the Judicial Council.
2. The Judicial Council shall ensure the progressive achievement of the gender equality targets set out in this Act in the appointment of Judges to the Superior and Lower Courts and in the appointment of other judicial officers.
3. The Judicial Council or a sub-committee of the Judicial Council shall be responsible for monitoring the implementation of gender equality in the Judiciary.

Gender equality in Parliament

1. The Speaker and Leadership of Parliament shall ensure the progressive achievement of the gender equality targets set out in this Act in appointments to leadership positions and Committees of Parliament. 
2. Parliament shall require accountability from Ministries, Departments and Agencies of Government by ensuring that:  

(a) Sector policies and plans integrate gender equality objectives and targets.

(b) Steps are taken for the domestic ratification of all international Conventions and regional Agreements on gender equity, which Ghana has signed and ratified.

Political parties and the representation of women

1. A political party shall ensure the progressive achievement of the gender equality targets set out in this Act in participation and representation in party politics.
2. A political party shall adopt effective measures including the provision of information, and financial resources to support gender equality in the full participation and representation in party politics.
3. A political party shall ensure the progressive achievement of the gender equality targets set out in this Act is factored into the nomination of candidates for election and the appointment or election of persons to serve as party officials.
4. The Electoral Commission shall ensure that a political party in respect of positions at the national, regional and district levels of the party, the membership of sub-committees of a political party, and election as parliamentary candidates of the party progressively attains gender equality in assignments to available positions as specified in this Act.
5. A political party that meets the requirements of a public election but fails to comply with these provisions on gender equality shall not receive support in kind provided by the Electoral Commission with funds from the Government; and receive courtesies provided by State Protocol.

By Samuel Nyigmabo – ABC News Ghana