20 Highlights on the Affirmative Action (Gender Equality) Bill of 2024
The Affirmative Action (Gender Equality) Bill 2024 represents a landmark legislative effort in Ghana’s ongoing journey towards achieving gender parity across all sectors of society. This bill, recently passed by the Ghanaian Parliament, seeks to address the historical and systemic gender imbalances that have long permeated the nation’s political, social, economic, and cultural landscapes. Here are 20 questions and answers on the bill. 1. What is the primary objective of the Bill? The primary objective of the Affirmative Action (Gender Equality) Bill is to ensure the achievement of gender equality in political, social, economic, educational, and cultural spheres within Ghanaian society. This objective seeks to eliminate gender disparities by implementing progressive measures and evaluating their impact periodically. The ultimate aim is to create a balanced representation of genders across all sectors, contributing to national development. 2. What roles and responsibilities are assigned to the Gender Equality Committee established by the bill? The Gender Equality Committee is responsible for ensuring compliance with the bill’s provisions, receiving and analysing annual gender equality reports from organisations, issuing compliance certificates, mediating complaints of non-compliance, and developing national action plans. The committee also liaises with government agencies and private institutions to promote affirmative action and advises the Minister on relevant policy matters. Additionally, it coordinates public education programmes to foster a culture of respect for gender equality. 3. What specific targets and quotas does the bill set for gender representation in governance and public service? The bill sets specific targets for gender representation, aiming for 30% by 2026, 35% by 2028, and 50% by 2030. These quotas apply to appointments in public offices, governance positions, decision-making roles, and leadership positions across various sectors, including ministerial roles, the Council of State, independent constitutional bodies, and the Public Service. Public institutions are required to include gender equality information in their annual reports to the Public Services Commission. 4. How does the bill address gender equality in the security services and the judiciary? The bill mandates that security services ensure gender equality in recruitment and leadership positions, prohibiting gender-based discrimination and promoting equal training opportunities for women. For the judiciary, the bill ensures equal representation of women and men on the Judicial Council and sets targets for gender equality in appointing judges and other judicial officers. The Judicial Council or a sub-committee is responsible for monitoring the implementation of gender equality within the judiciary. 5. What measures are included to ensure gender-responsive budgeting across government sectors? Gender-responsive budgeting is a critical strategy outlined in the bill. All government ministries, departments, agencies, and District Assemblies must include budget lines for addressing gender-specific issues in their plans. The Ministry of Finance is tasked with ensuring adequate resource allocation for gender equality initiatives. Parliament is responsible for demanding accountability for the utilisation of these resources, ensuring that funds are effectively used to promote gender equality. 6. What are the obligations of political parties under the bill to promote gender equality? Political parties are required to achieve progressive gender equality targets in participation and representation. They must adopt measures to support gender equality in candidate nominations and party leadership appointments. Political parties are also required to provide information and financial resources to support gender equality initiatives. The Electoral Commission monitors compliance, ensuring that political parties develop and adhere to gender equality policies and submit annual reports on their progress. 7. How does the bill support gender equality in trade unions and the private sector? Trade unions must reflect the principle of gender equality in their constitutions and work towards gender-balanced representation on their executive boards. In the private sector, employers are required to develop and implement gender equality policies, submit annual reports, and ensure progressive gender equality among employees. The bill provides guidelines for monitoring compliance and addressing grievances related to gender inequality. Non-compliant trade unions may face registration denial or revocation. 8. What incentives and penalties are specified for compliance or non-compliance with the bill’s provisions? The bill includes tax incentives for private sector employers who meet gender equality targets, encouraging compliance through economic benefits. Penalties for non-compliance include fines, imprisonment, and the revocation of trade union registrations. Employers who comply with the bill’s provisions within specified time frames can apply for tax incentives. The bill ensures that both public and private entities are held accountable for their efforts towards achieving gender equality. 9. What are the specific incentives available for private-sector employers under the bill? The bill provides several incentives for private-sector employers who comply with its provisions. These include: 10. What are the offences and penalties under the bill for non-compliance and discrimination? The bill outlines several offences, including: Penalties for these offences include fines ranging from not less than five hundred penalty units to not more than one thousand penalty units, or a term of imprisonment of not less than six months and not more than twelve months, or both. Additionally, employers in the private sector who fail to comply with the provisions of the Act also face similar penalties. 11. How does the bill align with Ghana’s international obligations and conventions on gender equality? The bill aligns with international conventions and regional agreements to which Ghana is a signatory, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights. By incorporating these international standards, the bill ensures that Ghana’s gender equality efforts are consistent with global best practices and commitments. The government is mandated to integrate these obligations into national policies and programmes, promoting gender equality at all levels. 12. How will the bill promote gender equality in education? The bill mandates the Ministry of Education to ensure gender balance in access and opportunity to education at all levels. It includes provisions for reviewing curricula to include courses on gender equality, establishing programmes to address barriers to education for girls, and providing appropriate interventions in deprived districts. Particular emphasis is placed on promoting girls’ education through various incentives and support mechanisms, ensuring their
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