Affirmative Action (Gender Equity)
Is Ghana Leading the Way in Affirmative Action and Gender Equity?Ghana has taken a step towards fostering a more inclusive and equitable society by passing its Affirmative Action (Gender Equity) Act, 2024 (Act 1121). This landmark legislation aims to address systemic inequalities and promote diversity across all sectors of society. As the world grapples with the complexities of ensuring fair opportunities for all, Ghana's bold move sets a powerful example for nations worldwide. Why is the Affirmative Action (Gender Equity) Act, 2024 Considered a Historic Milestone?The passage of the Affirmative Action (Gender Equity) Act 2024 (Act 1121) marks a significant milestone in Ghana's journey towards social justice. The Act provides a comprehensive approach designed to urgently address historical and systemic discrimination by providing opportunities to marginalised groups. Its core principle is to level the playing field by implementing strategies that counteract the effects of past inequalities. Act 1121 is designed to ensure that marginalised groups, including women, people with disabilities, and minority communities, have equal access to opportunities in education, employment, and political participation.[1] These strategies often involve setting specific targets for underrepresented groups, prioritising qualified candidates from marginalised communities, and proactively seeking out individuals from these backgrounds. What is the Constitutional Basis for the Affirmative Action and Gender Equity Legislation in Ghana?Article 17 of the 1992 Constitution of Ghana provides that all persons shall be equal before the law. A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.[2] The 1992 Constitution empowers Parliament to enact laws necessary for the implementation of policies and programmes aimed at redressing social, economic, or educational imbalances in the Ghanaian society.[3] Within the context of the 1992 Constitution, Ghana developed the National Gender Policy which focuses on mainstreaming Gender Equity, women empowerment and social protection concerns by strongly concentrating on the implementation of the five policy commitments: Women’s Empowerment and Livelihood, Women’s Rights and Access to Justice, Women’s Leadership and Accountable Governance, Economic Opportunities for women and Gender Roles and Relations.[4]Ghana has ratified many international and regional human rights instruments which mandate substantive equality and measures to redress past discrimination. These international and regional instruments include the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1986[5], African Charter on Human and Peoples’ Rights[6], and the Maputo Protocol[7]. How Does the Act Reflect Ghana’s Commitment to Gender Equity?Ghana’s enactment of the Affirmative Action (Gender Equity) Act, 2024, reflects its commitment to the 1992 Constitution as well as the international and regional human rights instruments and is a testament to the country's commitment to Gender Equity. This legislation aims to increase women's representation in leadership positions across various sectors, including the corporate world. By establishing specific quotas and targets, the Act seeks to create a more equitable environment for women and accelerate progress towards gender parity. The Act also promotes women's leadership development through training, mentoring, and coaching programs, as well as the establishment of mechanisms to track progress in achieving gender parity in leadership and assess the effectiveness of the implemented measures. What Does the Act mean for Corporate Governance in Ghana?In most recent times, the spotlight has fallen on gender inequality in corporate leadership and the systematic obstacles that limits the potential of women in the workplace.[8]One of the key provisions of the Affirmative Action (Gender Equity) Act, 2024 is the mandate for gender parity in public office and corporate leadership. The Act provides for 30-50% representation of women on all tables of political and public services[9]. Research consistently reveals a stark underrepresentation of women in executive roles, a disparity rooted in deep-seated gender biases and discriminatory practices.[10] This imbalance hinders women's career progression and limits organisational diversity, innovation, and performance. Consequently, a growing global movement advocates for greater Gender Equity in corporate leadership[11]. The promising potential of economic imperatives fuels this movement, as studies indicate that companies with a more balanced representation of women in their top management teams, considerably outperforms competitors with a lower representation of women managers.[12] Additionally, societal expectations and regulatory pressures are compelling organisations to prioritise diversity, equality, and inclusion, offering a hopeful future. What are the Key Provisions of the Affirmative Action Act, 2024 (Act 1121)?The Ghanaian Affirmative Action (Gender Equity) Act ,2024 (Act 1121) defines "affirmative action" as a set of measures 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 imbalances in the public and private sectors by the clause (4) of article 17 of the 1992 Constitution of Ghana[13]. Act 1121 has introduced several key provisions to increase women's representation in leadership roles. While specific details may vary, the general focus is on:1. Setting specific numerical goals for women's representation in governance institutions and the public and private sectors, including quotas for board directors, executive management positions, and other key leadership roles.2. Adopting gender-sensitive recruitment and selection procedures to ensure a fair and equitable process.3. Promoting women's leadership development through training, mentoring, and coaching programs.4. Establishing mechanisms to track progress in achieving gender parity in leadership and assess the effectiveness of the implemented measures. What Measures Apply Specifically to the Public Sector?Concerning governance and decision-making in the public service, Act 1121 mandates the Government to ensure progressive, equitable representation of women in public office, governance, and decision-making positions[14]. To safeguard the progressive achievement of Gender Equity, the President has to have in mind the Gender Equity target in making appointments to Ministerial positions, the Council of State, independent constitutional bodies, governing bodies of state institutions, the Public Service, District Assemblies, and any other office to which the President makes an appointment.[15]The Act sets out specific guidelines to promote Gender Equity in the public service, including the following[16]:1. The appointing authority shall reserve a specified number of seats for women when appointing members to a body requiring a specific number of members.2. The appointing authority shall ensure gender balance in appointments to managerial or decision-making positions. In cases where an odd number of positions makes gender balance impracticable, the authority shall ensure Gender Equity in the appointments.3. The Public Service will maintain and periodically update a directory of qualified women for appointments in the Service.4. The Public Services Commission will provide guidelines to all public institutions to promote Gender Equity in human resource management.5. The Public Services Commission will implement the measures outlined in this Schedule to prepare women for management positions in the Public Service and to prevent and address workplace discrimination according to existing laws.Public institutions must submit an annual report to the Public Service Commission with information on gender equity and equality, following guidelines prepared by the Commission as set out in the Act. What Obligations Does the Act Place on the Private Sector?In respect of private sector, an employer must ensure progressive Gender Equity of employees from the year 2024 to 2030. Each employer must develop a Gender Equity policy with provisions for maintaining quotas. The Gender Equity Committee must review these quotas at least every four years.[17] The employer must create this policy in consultation with employees, the policy should be part of the organisation's strategic plan and submitted to the Gender Equity Committee for review. Employers must submit an annual Gender Equity report to the Committee[18]To ensure compliance with the Act, the Gender Equity Committee must collaborate with the Labour Department and the Office of the Registrar of Companies to monitor an employer's compliance with the Act[19] Where the Gender Equity Committee has reasonable grounds to believe that an employer has failed to comply with a Gender Equity undertaking, the Committee shall require the employer to provide a written obligation to comply within six months.[20] What Incentives Are Available for Compliance? Act 1121 rewards private sector employers for complying with the Gender Equity undertaking. The Minister of Finance in consultation with the Ghana Revenue Authority, will develop guidelines for granting tax incentives to employers who comply with the Act's provisions[21]. An employer who complies with the quota provisions of the Act within the first twelve months of its coming into force or after the first twelve months of its coming into force may apply to the Minister of Finance for a tax incentive. The Minister of Finance will then grant an employer a tax incentive by the Exemptions Act 2022(Act 1083)[22]. To encourage compliance with the Act among private sector businesses, procurement entities will prioritise awarding government contracts to employers with a Gender Equity Compliance Certificate.[23] This serves as an incentive for employers to promote Gender Equity in their organisations proactively. What are the Offences and Penalties under the Act?Any person who undermines the Act by victimizing, obstructing, or unduly influencing others, subjects employees to gender-based harassment or discrimination, or impedes its implementation through the provision of false or incomplete information, commits an offense and is liable upon summary conviction to a fine of not less than five hundred penalty units and not more than one thousand penalty units or to imprisonment of not less than six months and not more than twelve months or to both[24].Any employer in the private sector who fails to comply with this Act commits an offense and is liable upon summary conviction to a fine of not less than five hundred penalty units and not more than one thousand penalty units or to imprisonment of not less than six months and not more than twelve months or to both[25]. How does the Act Impact Corporate Governance and Company Law?The Affirmative Action (Gender Equity) Act, 2024 (Act 1121) significantly impacts corporate governance and company law in Ghana by introducing a gender lens to corporate operations. The Act promotes diversity at leadership levels, a cornerstone of good corporate governance. Diverse boards and management teams bring a more comprehensive range of perspectives, leading to better decision-making and risk management. The requirement for an annual report on Gender Equity to the Committee enhances corporate transparency.[26] It forces companies to account for their progress in achieving gender parity, thereby increasing accountability to shareholders and the public. The Act promotes ethical business practices by prohibiting discrimination and harassment on the basis of gender, aligning with the broader principles of good corporate governance that emphasise ethical conduct and social responsibility.The Act has also reshaped company law in Ghana by introducing new obligations for businesses. For instance, companies must implement gender-sensitive recruitment and selection processes, provide leadership development opportunities for women, and adhere to Gender Equity quotas. These provisions directly impact human resource management and overall corporate structure. Furthermore, the Act integrates Gender Equity into corporate social responsibility, making it a mandatory consideration for businesses. What Challenges May Arise in implementing the Act?While the Affirmative Action (Gender Equity) Act, 2024 is a commendable step, its implementation faces several challenges. One key issue is ensuring consistent enforcement across different sectors and regions.[27] Moreover, establishing clear and measurable indicators to assess the Act's effectiveness presents a significant hurdle.Another area of concern is the potential for loopholes and exemptions that could undermine the Act's goals. Defining the scope of "leadership positions" precisely is crucial to prevent arbitrary interpretations. Additionally, ensuring full compliance from the private sector, especially smaller businesses, may prove challenging.Beyond implementation issues, the Act may encounter resistance due to deeply ingrained societal and cultural biases against women in leadership roles. Furthermore, more qualified female candidates could be needed to ensure the Act's effectiveness. Balancing the principles of affirmative action with meritocracy is another delicate challenge that requires careful consideration. What is the Role of the Gender Equity Committee? While the passage of the Affirmative Action (Gender Equity) Act, 2024 is a cause for celebration, Ghana acknowledges that the journey towards true equality is far from over. Implementing these ambitious policies will require the collective effort of government, civil society, and the private sector. To ensure the effective implementation of the Act, the Ministry of Gender, Children and Social Protection established the Gender Equity Committee to oversee its enforcement. The Committee held its inaugural session in September 2025. The establishment of the Committee stems directly from the provisions of the Affirmative (Gender Equity) Act, 2024.[28]The Committee is mandated to ensure and monitor compliance with the Act, receive and analyse annual Gender Equity reports from organisations and institutions, and issue certificates of compliance. It is also responsible for receiving and mediating complaints of non-compliance, developing a national plan of action to monitor and report on the implementation of the Act, and liaising with government agencies, organisations, and private institutions to promote affirmative action on Gender Equity. Additionally, the Committee advises the Minister on policy and other concerned matters, investigates complaints of gender discrimination and recommends appropriate remedies, provides information on rights and remedies to parties in gender disputes, and coordinates public education programmes to foster a culture of respect for Gender Equity.[29] How Does Ghana Address Critcism of Affirmative Action?Critics of affirmative action often argue that such policies can lead to reverse discrimination or undermine meritocracy[30]. However, Ghana's approach is carefully designed to balance fairness with the need to redress historical injustices. By focusing on inclusivity and equal opportunity, the Act aims to create a society where everyone can thrive based on their abilities and potential[31]. Ghana's Affirmative Action (Gender Equity) Act, 2024 is a testament to the power of visionary leadership and the enduring quest for social justice. As nations around the world continue to address issues of inequality and discrimination, Ghana’s example offers valuable lessons in strengthening policies that promotes fairness and inclusion. Conclusion This landmark legislation is not just a victory for Ghana but a beacon of hope for marginalised communities everywhere. By embracing this Act, Ghana is taking a bold stand for equality and setting a standard for others to follow. As we look to the future, Ghana’s commitment to building an inclusive society serves as a powerful reminder that, when we work together, we can create a world where everyone has the opportunity to succeed. Across Africa, over 25 countries have adopted gender equity measures and policies, and Ghana’s Affirmative Action (Gender Equity) Act, 2024 (Act 1121) reinforces the continent’s commitment to justice, equality, and the shared vision of a more inclusive future. Contributors1. Nana Adjoa Hackman2. Victoria Gloria Otoo[1] Affirmative Action (Gender Equity) Act ,2024 (Act 1121)[2] Article 17(1) of the1992 Constitution[3] Article 17(2) of the 1992 Constitution.[4] National Gender Policy, May 2015 https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.mogcsp.gov.gh/%3Fmdocs-file%3D654&ved=2ahUKEwjLv4bfsOqQAxXiUkEAHavgC1sQFnoECBkQAQ&usg=AOvVaw2QdRFdIfNswGt4sHM22DKC[5] Convention on the Elimination of All Forms of Discrimination Against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13 (CEDAW).[6] African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) OAU Doc CAB/LEG/67/3 Rev 5.[7] Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (adopted 11 July 2003, entered into force 25 November 2005).[8] Ingka Group, ‘(OPINION) Achieving gender balance: a milestone and the road ahead’ (Ingka Group Newsroom, 1 October 2024) https://www.ingka.com/this-is-ingka-group/how-we-are-organised/ [9] First Schedule, Affirmative Action (Gender Equity) Act ,2024 (Act 1121)[10] Report of the Expert Group Meeting on Measures to accelerate the improvement in the status of women in the United Nations system, New York November 2007[11] UN Women, Women in Leadership: Facts and Figures (2023).[12] Report of the Expert Group Meeting on Measures to accelerate the improvement in the status of women in the United Nations system, New York November 2007[13] Section 34 of the Affirmative Action (Gender Equity) Act ,2024 (Act 1121)[14] Section 16(1), Affirmative Action (Gender Equity) Act ,2024 (Act 1121)[15] Section 16(2) of the Affirmative Action (Gender Equity) Act ,2024 (Act 1121)[16] Fourth Schedule, Affirmative Action (Gender Equity) Act ,2024 (Act 1121)[17] Section 24(2) of the Affirmative Action (Gender Equity) Act ,2024 (Act 1121)[18] Section 24(3) of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)[19] Section 26(1) of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)[20] Section 26(2) of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)[21] Section 27(1) of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)[22] Section 27(2) of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)[23] Section 27(4) of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)[24] Scetion 31 (1) of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)[25] Section 31(2) of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)[26] Section 25 of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)[27] Dr. Dzodzi Tsikata, Affirmative Action and The Prospects for Gender Equity in Ghanaian Politics.[28] Section 5 of the Affirmative Action (Gender Equity) Act ,2024 (Act 1121)[29] Section 6 of the Affirmative Action (Gender Equity) Act ,2024 (Act 1121)[30] Yichen Cao, Affirmative Action: The Problem and the Solution[31] Affirmative Action (Gender Equity) Act ,2024 (Act 1121)