By Prosper Ishaya
The first time Ghanaians heard about the Affirmative Action (Gender Equality) Bill was in 1998 when an earlier version was introduced at the Ghanaian National Parliament. Since then, the bill has been promised by successive administrations, shuffled through parliaments, and reformed by lawmakers. And until 2024, twenty-six years later, it wouldn’t be passed into law.
On the day the law was passed into law at the Parliament, the 30th of July 2024, various advocates and international bodies praised the initiative. Stating the historic passage as a major step towards advancing gender equality in the country and consequently calling for its assent by the President, Nana Addo Dankwa Akufo-Addo.
The president’s signing of the law would take almost two months, until the 19th of September. And thereafter, The Affirmative Action (Gender Equality) Bill 2024 would officially become law.
Grace Udie, a women’s rights advocate based in Nigeria, referred to the bill as a major legislative action that addresses gender inequality in the country’s political and economic spheres. “The motive for this [the bill] is an attempt to solve or to put an end to gender inequality, especially in the political space in Ghana. We all know that gender disparities have been lingering for far too long, and women have been under-represented in the political space,” said Udie to Social Voices.
Before now, despite most of the country’s population being women, Ghana has historically recorded poor women representation in various core positions. And though the nation’s 1992 constitution clearly defines the equality of both women and men in society, it doesn’t stipulate how access to available opportunities should be equitable, considering the country’s preexisting patriarchal background.
According to the 2021 Global Gender Gap Index by Afrobarometer, Ghana ranked 117th out of 156 nations (23rd in sub-Saharan Africa) in terms of gender parity. Similarly, in a report by ActionAid, the social justice organization recorded that in the political sphere, women only comprise 14% of the entire Ghanaian Parliament consisting of 275 seats. On a broader scale, it also reported that this imbalance trickles down to other leadership positions as well.
Per data from the first quarter of the 2022 Annual Household Income and Expenditure Survey (AHIES), women in Ghana earn 34.2 percent less than males, highlighting a significant gender pay gap. Also, in terms of job security, a study by Friedrich Ebert Stiftung, a German non-profit, revealed that only 58% of men have insecure occupations, compared to roughly 77% of women. These low figures highlight how difficult it is for women to advance in Ghanaian public life.
A major barrier to gender equality in Ghana and across Africa is rooted in cultural perceptions, according to Education and Gender Equality advocate Isioma Faustina. “Traditional views on gender in many African societies often limit opportunities for women,” Faustina noted. “However, these norms are not fixed. We’ve witnessed changes in attitudes through targeted awareness campaigns that highlight the broader benefits of empowering women—not only in the workforce but also in schools and communities.”
Following the breakthrough of the gender equality bill in Ghana, Udie believes the case marks a critical step towards dismantling entrenched cultural norms that marginalize women.
“The passage of this bill will also be able to give room for more creation of awareness, especially at the rural level, meaning that more women will be aware of their rights and will also be motivated by the fact that capable women are leading. Likewise, they would want to also venture into leadership because they see divisions and room for them on the decision-making table,” Udie said.
According to the Affirmative Action (Gender Equality) Bill 2024 bill, the focal objective is to achieve “gender equality in the political, social, economic, educational, and cultural spheres of the society.”
Central to the bill’s plan is the establishment of the Gender Equality Committee, a body tasked with overseeing the law’s implementation. Where the committee is tasked with monitoring compliance across both the public and private sectors and also mediating disputes that may arise concerning gender-based discrimination or inequality. Its role extends to receiving and analyzing annual reports from organizations to ensure they are progressing towards gender equality targets, as well as issuing Gender Equality Compliance Certificates to institutions that meet the required standards.
Furthermore, the committee will play an advisory role, collaborating with government agencies, private institutions, and civil society to promote affirmative action policies which are designed to rectify existing gender imbalances by ensuring fair representation of women in leadership positions, governance, and decision-making bodies.
Along with outlining a grievance resolution process, it sets progressive goals to attain a minimum of 50% gender equity by 2030 in alignment with international conventions and regional agreements like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the UN Sustainable Development Goals (SDG’s). To achieve this, the bill sets three expedient milestones: 30% gender parity from 2024 to 2026, then a minimum of 35% from 2027 to 2028, and 50% from 2029 to 2030.
Additionally, the bill includes provisions for gender-responsive budgeting and incentives for organizations that comply, and it demands gender equality in leadership roles, government, political parties, trade unions, and the commercial sector.
Are affirmative actions always effective?
In the fight for gender equality, affirmative action laws have emerged as critical instruments in addressing historical inequalities and providing equal opportunities for marginalized groups.
Nurudeen Hassan, a policy expert and program manager at Hope Behind Bars, a civil justice organization based in Nigeria, highlights the role of these laws, especially in advancing women’s representation in politics, education, and the workforce.
“Affirmative action laws are a powerful tool for addressing historical imbalances and ensuring equal opportunities, especially for marginalized groups, including women,” Hassan stated.
He pointed to Rwanda as a leading example in Africa, where affirmative action has transformed political representation. Through a gender quota system embedded in the Rwandan constitution, the country mandates that at least 30% of parliamentary seats be held by women. This move has positioned Rwanda as the global leader in women’s parliamentary representation, boasting the highest percentage of female lawmakers worldwide.
With affirmative action, the goal, always, is to level the playing field by providing equitable access and opportunities for all, particularly those who confront structural impediments. This motive drives Ghana’s bill — to provide equitable access to opportunities for women.
However, Hassan points out that the success of this legislation depends on its proper implementation. He pointed to Nigeria’s National Gender Policy as an example of inadequate implementation. According to him, the policy, which calls for 35% affirmative action for women in politics and decision-making positions, has been implemented slowly, owing to inadequate enforcement mechanisms and a lack of political will.
Why a similar bill could ensure gender equity in Nigeria
Nigeria has a long history of gender inequality. A survey carried out in 2021 revealed that Nigeria ranked first in Africa in the Gender Inequality Index. Also, per the World Economic Forum’s Global Gender Gap Report, the country sits 125th amongst the 146 countries on the index. In the political sphere, women’s representation has consistently been considered abysmal. In both national state houses, it’s recorded that women only comprise a meagre 4.7% of the total sittings.
“In Nigeria, the journey toward gender equality has been more challenging, partly due to cultural, religious, and structural barriers,” said Hassan.
This reality according to both Udie and Odita, is why a similar bill like Ghana’s is necessary to counter gender inequality in Nigeria.
Over the years, during constitutional reviews, it has been reported that many women groups have repeatedly submitted gender equality-related bills to the National Assembly, but these efforts for reformation have continuously been overlooked.
A well-known example of these, said Udie, is the group now referred to as the five gender bills. The said bills address issues such as special seats for women in the National Assembly, 35% affirmative action in political party executive positions, granting citizenship to foreign-born husbands of Nigerian women, giving married women the option of indigeneship, and ensuring at least 10% affirmative action for women in ministerial appointments.
Despite this constant negligence, Udie notes, however, that the fight for their signage into law as well as their implementation is still very much underway. “We already are fighting for 35% affirmative action, that should be our standpoint. That should be our leading focus,” said Udie.
Bar the Ghanaian Bill, Udie also believes that Nigeria could take a look at those of other countries. She mentioned taking lessons from Finland’s example, from Rwanda, and particularly from Kenya’s “Two-thirds Gender Rule”.
However, Odita argues that while affirmative action is a powerful tool for promoting gender equality, the specific approach must be tailored to the realities of each country.
“For example, in Nigeria, where gender inequality in education still presents a challenge, quotas, and resource allocation might focus on improving girls’ access to quality education, especially in underserved areas,” explained Odita.
This stretch could also cater to improved security for women, mass awareness, and better job opportunity/security. She also stresses that the successful implementation of such policies requires strong government commitment through setting clear, achievable targets and at once ensuring enforcement via robust accountability measures.
Ultimately, the passage of Ghana’s Affirmative Action Bill highlights the power of legislation in advancing gender equality, offering valuable lessons for other African nations, including Nigeria. Its success will depend on strong enforcement and commitment across sectors. For countries still facing significant gender disparities, Ghana’s approach provides a potential model for creating transformative, tailored policies to achieve gender equity.
Udie explained, “This is something that we can also adopt as a country and push for it as our leading focus in the fight against gender inequality.”