Parliament has passed the Affirmative Action (Gender Equity) Bill, 2024. The Bill aims to rectify the gender imbalance resulting from historic structural and social causes of gender inequality and provide affirmative action for gender equity in the public and private sectors.
The Bill was passed after the House concluded a second consideration on Tuesday, July 30.
The Affirmative Action Bill was presented to the House on Friday, June 14, 2024, by the Minister for Education on behalf of the Minister for Gender, Children and Social Protection.
Pursuant to Articles 103(3) and 106(4) of the 1992 Constitution and Order 237 of the Standing Orders of the House, the Bill was referred to the Committee on Gender, Children and Social Welfare for consideration and report.
In its report to the House, the Committee admitted that the gender parity targets in the Bill would be difficult to achieve considering the historical data and statistics available and owing to cultural and traditional beliefs and constitutional constraints.
It stressed, therefore, that to achieve gender parity and other targets, there is a need for continuous education, advocacy, and pragmatic policies, such as quota systems.
Approval of the Affirmative Action Bill, the Committee observed, is consistent with the 1992 Constitution of the Republic of Ghana.
Article 35 of the Constitution requires the Government to “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.”
The Constitution further empowers the State to “take appropriate measures to achieve reasonable regional and gender balance in recruitment and appointments to public office.”
The Committee stressed that the Affirmative Action legislation is an appropriate measure to achieve gender balance since various interventions in the past have not adequately achieved the gender equality envisaged in the Constitution.
Ghana is a signatory to the United Nations Sustainable Development Goals, which require the government to demonstrate its commitment to the achievement of the Goals, particularly Goal 5, which states that “gender equality and the empowerment of all women and girls” should be achieved by 2030.
The legislation is also expected to address the factors that threaten women’s economic empowerment.
The Committee stressed that the passage of the Affirmative Action (Gender Equality) Bill, 2024, will significantly contribute to the elimination of gender disparities in various sectors, ensuring a more equitable and inclusive society.