Victory for women’s rights in Ghana as affirmative action law is passed – what must happen next

The passage of the Affirmative Action (Gender Equality) Bill  by the country’s parliament on 9 August 2024 marked a victory for women’s rights in Ghana. The bill, which has been years in the making, is the result of several actors, allies and activists lobbying and protesting for over a decade. The bill in it its current form makes it compulsory to have women either elected or appointed to major decision-making organs of public life. The Conversation Africa spoke to lawyer and gender scholar Josephine Jarpa Dawuni about the key aspects of the bill.

What are the key aspects of the new law?

The bill attempts to ensure the achievement of gender equality in the political, social, economic, educational and cultural spheres of Ghanaian society.

Major decision-making sectors covered by the current version of the bill are public offices such as ministerial positions and the Council of State (the advisory body of the president). There are also clauses that cover the public service, the judiciary and trade unions.

One clause mandates the government to engage in gender-responsive budgeting. Ministries and agencies of government must include a budget line to deal with gender-specific and gender-sensitive issues identified in the plans of those agencies.

Another clause requires political parties to adopt gender equality and equity in their electoral and appointive processes.

Clause 31 of the law considers verbal abuse against women as an offence.

The bill aspires to achieve gender equality in decision-making by 2030. The benchmarks for achieving these goals rest with the government as it is mandated to “promote policies and programs to address the political, economic, and educational gender imbalance in public and private sectors”.

What are the new law’s chances of success?

Ghana is a signatory to several regional and international laws and treaties for women’s rights. At the domestic level, major legislation to promote women’s rights such as the Domestic Violence Act and the Human Trafficking Act exist. Other laws that have an indirect bearing on protecting women and expanding access to justice have also been passed. These laws are laudable. But the record of enforcement has been less than optimal. Measured against this history, there must be cautious optimism surrounding the passage of the bill.

The law falls short of addressing the challenges women face. For example, enforcement of the law rests with the country’s Ministry of Gender and Social Protection working with the Gender Equity Committee of Ghana’s parliament. Sadly, the ministry has historically been among the most underfunded ministries. How effective will it be when it lacks the staff and capital resources required for monitoring and evaluation?

The usual underfunding of government agencies could affect how much of their budget is allocated to gender equality benchmarks and interventions.

And the bill does not impose heavy penalties for noncompliance.

What can Ghana learn from other countries on removing barriers to women’s participation in decision-making?

Ghana can learn from the political activism of its first republic under Kwame Nkrumah, who was intentional in creating opportunities for qualified women to lead.

Secondly, citizens can learn from the examples of matriarchal communities. In these communities, women wield some power in decision-making in political, cultural and spiritual matters. The example of the Akan in Ghana provides some idea of how women play central roles in the economic and political life of their community. Ghana can position itself as a leader in transforming its political and social life to meet and exceed the African Union Agenda 2063 goals, the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and the Convention on the Elimination of All Forms of Discrimination Against Women.

Lessons can also be drawn from some African countries that have instituted gender quotas through electoral or constitutional provisions. Namibia, Senegal and South Africa rank among the top 20 countries with the most women in their national legislature. Most of these countries attained this by enforcing gender quotas.

Rwanda, for example, has become a global leader in women’s representation with a gender-balanced cabinet that is contributing to national development. In Sierra Leone, the passage of a law in 2023 mandating a 30% gender quota led to the election of women into public office.

Together, these domestic and external examples show that gender equality can be achieved if there is political will and a change of social mindsets.

Despite these improvements, it must be noted that women in some of these countries still face several gender based challenges.

These different outcomes show that legislation is not a sufficient condition for gender equality. The necessary institutional arrangements, backed by fiscal support, must be put in place to ensure effectiveness of any legislative action.

What will it take to succeed?

The passage of the Affirmative Action (Gender Equality) Bill signals a hopeful outlook on women’s rights and representation in Ghanaian public life. While it has taken over a decade to reach this milestone, there must be cautious optimism and sustained vigilance in ensuring that the law does not stay on the shelves. Women’s rights advocates and male gender equality allies must ensure that the eventual law becomes a reality in the daily life of the Ghanaian woman. Equitable gender representation in public life is a win for national development.