Affirmative Action (Gender Equity) Act, 2024 (No. 1121)

3. International obligations Gender Equity Committee

4. Establishment of Gender Equity Committee

5. Functions of the Committee

6. Tenure of office of members of the Committee

7. Meetings of the Committee

8. Disclosure of interest

9. Establishment of sub-committees

10. Allowances

11. Policy directives

12. Secretariat of the Committee

13 . Gender Equity Compliance Certificate Affirmative Action and Gender Equity in Governance Institutions

14. Governance and decision-making in the Public Service

15. Gender equity in the Public Service

16. Gender equity in the Security Services

17. Gender equity in the Judiciary

18. Gender equity in Parliament and the Parliamentary Service Gender Responsive Budgeting in Sectors of Government

19. Gender responsive budgeting Political Parties and Gender Equity

20. Political parties and the representation of women Private Employment

21. Private sector

22. Submission of gender equity report

23. Compliance Act 1121 AFFIRMATIVE ACTION (GENDER EQUITY) ACT 2024

24. Incentive for the private sector Miscellaneous Provisions

25. Grievance resolution procedure

26. Co-operation with public and private institutions

27. Data collection 28. 0 ffences

29. Regulations

30. Implementation of the Act

31. Interpretation SCHEDULES FIRST SCHEDULE Process for Measuring Progressive Compliance with Targets SECOND SCHEDULE International Conventions

THIRD SCHEDULE Guidelines and Strategies for Gender Equity in relation to the Public Service FOURTH SCHEDULE Strategies for Gender Equity in relation to the Executive FIFTH SCHEDULE Strategies for Gender Equity in relation to the Judiciary SIXTH SCHEDULE Strategies for Gender Equity in relation to Parliament and the Parliamentmy Service SEVENTH SCHEDULE Strategies for Gender Equity in relation to Political Parties 2 Act 1121 REPUBLIC OF GHANA THE ONE THOUSAND ONE HUNDRED AND TWENTY-FIRST ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED AFFIRMATIVE ACTION (GENDER EQUITY) ACT, 2024 AN ACT to provide for affirmative action for gender equity in the public and private sectors and for related purposes. DATE OF ASSENT: 1Jlh September. PASSED by Parliament and assented to by the President Principles of Gender Equity Object of the Act I. (1) The object of this Act is to ensure the attainment of gender equity in the political, social, economic, educational and cultural spheres of the society. (2) The implementation of this Act and the attainment of the targets shall be progressive and subject to evaluation in accordance with the First Schedule. (3) The Government shall promote policies and programmes to redress the political, social, economic and educational gender imbalance in the public and private sectors. 3 I Act 1121 Affirmative Action (Gender Equity} Act, 2024 Directive principles 2. ( 1) The Government shall set progressive targets for the achievement of gender equity (a} in accordance with international conventions and regional agreements to which Ghana is a signatory; and (b) for purposes of appointments to positions of decision-making at all levels in the Public Service. (2) The Government shall take appropriate measures in the public and private sectors to ensure the full integration of women into the mainstream of all spheres of development. International obligations 3. International obligations on redressing gender imbalance as set out in the first column of the Second Schedule are enforceable to the exteLt that they are applicable to the Republic and consistent with the Constitution. Gender Equity Committee Establishment of Gend.er Equity Committee 4. (1) There is established by this Act, the Gender Equity Committee consisting of (a} the chairperson who is a representative of the Ministry not below the rank of a Director; (b) one representative each of (i) the Ministry of Local Government, Decentralizaticn and Rural Development not below the rank of ,1 Deputy Director nominated by the Minister responsible for Local Government, Decentralization and Rural Development; (ii) the Office of the Attorney-General not below the rank of Principal State Attorney nominated by the Attorney-General; (iii) the Public Services Commission not below the rank of a Deputy Director nominated by the Chairperson of the Public Services Commission; (iv) the Commission on Human Rights and Administrative Justice not below the rank of a Deputy Commissioner nominated by the Commissioner for Human Rights and Adm1nistrative Justice; 4 Affirmative Action (Gender Equity) Act, 2024 Act 1121 (v) the National Council for Persons with Disability nominated by the National Council for Persons with Disability; (vi) the Trades Union Congress nominated by the Trades Union Congress; (vii) the Ghana Employers Association nominated by the Ghana Employers Association; (viii) private sector organisations which focus on gender issues nominated by the private sector organisations; and (ix) civil society organisations which focus on gender issues nominated by the civil society organisations; (c) the Director of the Department of Gender as the secretary; (d) one expert in gender issues nominated by the Minister; and (e) one expert in policy planning, monitoring and evaluation, nominated by the National Development Planning Commission. (2) A person is qualified for appointment as a member of the Committee if that person has at least five years' experience in matters relating to any of the following disciplines: (a) law; (b) public administration; (c) economics; (d) gender and social development; (e) human rights; (I) management; (g) social sciences; or (h) any other relevant discipline. (3) Membership of the Committee shall be in accordance with the equity requirements under this Act. (4) Members of the Committee shall be appointed by the Minister. Functions of the Committee 5. (1) The Committee shall (a) ensure and monitor compliance with this Act; (b) receive and analyse annual rep01ts on achieving gender balance from organisations and institutions and recommend 5 Act 1121 Affirmative Action (Gender Equity} Act, 2024 to the Minister, organisations and institutions that are deserving of Gender Equity Compliance Certificates; (c} receive complaints of non-compliance with this Act and mediate on the complaints; (d) develop a national plan of action to monitor, report on and address matters relating to the implementation of this Act; (e) liaise with Ministries, Departments and Agencies and private institutions to promote affirmative action on gender equity in the country; (f) receive and investigate complaints about gender discrimination and make appropriate recommendations for redress; (g) provide information to any party in a gender dispute on the rights of the party, remedies available to that party and obligations of the party; (h) facilitate , promote and coordinate public education programmes for the creation of a culture of respect for gender equity; and (i) advise the Minister on policy matters and any other matter relevant to the implementation of this Act. (2) The Committee shall submit an annual report on gender equity including gender disaggregated data in all sectors to the Minister~ (3) The Minister shall, within thirty days of receipt of the report, submit the report to Parliament with a statement that the Minister considers necessary. Tenure of office of members of the Committee 6. (1) A member of the Committee shall hold office for a period of four years and is eligible for re-appointment for another term only. (2) A member of the Committee may at any time resign from office in writing addressed to the Minister. (3) A member of the Committee who is absent from three consecutive meetings without sufficient cause ceases to be a member of the Committee. (4) The Minister may by a letter addressed to a member revoke the appointment of that member. 6 Affirmative Action (Gender Equity) Act, 2024 Act 1121 (5) Where a member of the Committee is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy. (6) Where there is a vacancy (a) under subsection (2), (3) or (4) or subsection (2) of section 8, (b) as a result of a declaration under subsection (5), or (c) by reason of the death of a member the Minister shall appoint a person to fill the vacancy. Meetings of the Committee 7. (1) The Committee shall, meet at least once every three months for the conduct of business at a time and place determined by the chairperson. (2) The chairperson shall, at the request in writing of not less than one-third of the membership of the Committee, convene an extraordinary meeting of the Committee at a time and place determined by the chairperson. (3) The quorum at a meeting of the Committee is six members. (4) The chairperson shall preside at meetings of the Committee and in the absence of the chairperson, a member of the Committee elected by the members present from among their number shall preside. (5) Matters before the Committee shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Committee may co-opt a person to attend a meeting of the Committee but that person shall not vote on a matter for decision at the meeting. (7) The validity of the proceedings of the Committee shall not be affected by a vacancy among the members of the Committee or by a defect in the appointment or qualification of a member. (8) Subject to the provisions of this section, the Committee may determine and regulate the procedure for the meetings of the Committee. 7 Act 1121 Affinnative Action (Gender Equity) Act, 2024 Disclosure of interest 8. (1) A member of the Committee who has an interest in a matter for consideration (a) shall disclose in writing the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and (b) shall not be present at or participate in the deliberations of the Committee in respect of the matter. (2) A member ceases to be a member of the Committee, if that member has an interest in a matter before the Committee and (a) fails to disclose that interest; or (b) is present at or participates in the deliberations of the Committee on the matter. Establishment of sub-committees 9. (1) The Committee may establish sub-committees consisting of members of the Committee and non-members to perform a function of the Committee. (2) A sub-committee consisting of members and non-members shall be chaired by a member of the Committee. (3) Section 8 applies to members of a sub-committee. Allowances 10. Members of the Committee and members ofa sub-committee shall be paid allowances approved by the Minister, in consultation with the Minister responsible for Finance. Policy directives 11. The Minister may give directives in writing to the Committee on matters of policy and the Committee shall comply. Secretariat of the Committee 12. The Ministry shall establish a Secretariat for the performance of the functions of the Committee. Gender Equity Compliance Certificate 13. The Minister shall, on the recommendation of the Committee, issue a Gender Equity Compliance Certificate to a deserving organisation or institution. 8 Affirmative Action (Gender Equity) Act, 2024 Act 1121 Affirmative Action and Gender Equity in Governance Institutions Governance and decision-making in the Public Service 14. (1) The Government shall ensure progressive gender balance in public office, governance and decision-making positions. (2) The President shall ensure the progressive achievement of the gender equity targets set out in the First Schedule in making appointments to the following: (a) ministerial positions; (b) the Council of State; (c) the independent constitutional bodies; ( d) governing bodies of State institutions; {e) the Public Service; (I) District Assemblies; and (g) any other office to which the President makes an appointment. (3) Appointments under subsection (2) shall be in accordance with guidelines set out in the Third Schedule. (4) A public institution shall include in the annual report of the public institution to the Public Services Commission information on gender equity in accordance with guidelines prepared by the Public Services Commission as set out in the Third Schedule. (5) The Committee may apply to the Public Services Commission for a copy of a report, if required. (6) The strategies for gender equity in relation to the Executive shall be as set out in the Fourth Schedule. Gender equity in the Public Service 15. (1) The governing body of a public service institution shall, in filling vacancies for decision-making at all levels, have regard to provisions of this Act to ensure gender equity in appointments. (2) The strategies for gender equity in the respective Ministries and governance institutions in the Public Service shall be as set out in the Third Schedule. · (3) A person who is assessed for employment into the Public Service may lodge a complaint with the Committee if that person reasonably believes that the person has suffered gender-based discrimination in the process of employment. 9 Act 1121 Affirmative Action (Gender Equity) Act, 2024 Gender equity in the Security Services 16. (1) The governing councils of the Security Services shall, in recruiting and filling vacancies for positions at all levels, have regard to the provisions of this Act to ensure gender equity within the Security Services at any point in time. (2) A woman shall not be subjected to discrimination on the basis . of the gender of the woman in the Security Services and shall have equal opportunity to (a) receive training to enable that woman rise to a leadership position in the Security Service; and (b) head a Security Service. (3) A Security Service shall ensure that provisions on gender equity are provided in the standard operating procedures of the Service in accordance with this Act. (4) The governing councils of the Security Services shall monitor recruitment into the Security Services. (5) The Minister responsible for a Security Service shall, within one month after the end of the immediately preceding year, submit to the Committee, (a) gender disaggregated data on employees in the Security Services; and (b) the policies and plans of the Security Services on gender equity for the progressive achievement of the targets set out in the First Schedule. Gender equity in the Judiciary 17. (1) Subject to the provisions of article 153 of the Constitution, there shall be equitable representation of women and men on the Judicial Council. (2) The Judicial Council shall ensure the progressive achievement of the gender equity targets set out in the First Schedule in the appointment of judges to the Superior and Lower Courts and in the appointment of other judicial officers. (3) The Judicial Council is responsible for monitoring the implementation of gender equity in the Judiciary. 10 Affirmative Action (Gender Equity) Act, 2024 Act 1121 (4) The strategies for gender equity in the Judiciary shall be as set out in the Fifth Schedule. Gender equity in Parliament and the Parlimentary Service 18. (1) The Speaker and Leadership of Parliament shaU ensure the progressive achievement of the gender equity targets set out in the First Schedule in appointments to leadership positions and Committees of Parliament. (2) Parliament shali require accountability from Ministries; Departments and Agencies of Government by ensuring that sector policies and plans integrate gender equity objectives and targets. (3) The strategies for gender equity in relation to Parliament and the .Parliamentary Service shall be as set out in the Sixth Schedule. Gender Responsive Budgeting in Seeton of Government Gender r•esponsive bud,geting 19. (1) The Government shall take steps to promote gender responsive budgeting in all sectors. (2) Without limiting subsection (1), Ministries, Departments and Agencies of Government and District Assembiies shall include a budget line to deal with gender specific and gender sensitive issues identified in the plans of those Ministries, Departments and Agencies and District Assemblies. (3) The Ministry responsible for Finance shall ensufe the provision of adequate resources for the implementation of prioritised gender equity policies, programmes and projects. (4) Parliament shall ensure che allocation of adequate resources for funding and demand accountability for the utilisation of the resources. Political Parties and Gender Equity Political parties and th.e representation of women 20. (1) A political party shall ensure the progressive achievement of the gender equity targets set out in the First Schedule in participation and representation in party politics. 11 Act 1121 Affirmative Action (Gender Equity) Act, 2024 (2) In furtherance of subsection (1), a political party shall adopt effective measures including the provision of (a) information, and (b) financial resources to support gender equity in the full participation and representation in party politics. (3) A political party shall ensure that the progressive achievement of the gender equity targets set out in the First Schedule is factored into (a) the sponsorship of candidates for election; and (b) the appointment or election of persons to serve as party officials. (4) A political party registered with the Electoral Commission shall submit to the Electoral Commission an annual report on gender equity in the party and the Electoral Commission shall publish the report in the Gazette. (5) The strategies for gender equity in relation to political parties shall be as set out in the Seventh Schedule. Private Employment Private sector 21. (1) An employer in the private sector shall take measures to ensure progressive gender equity of employees within the period specified in the First Schedule. (2) The employer shall have a gender equity policy which shall be reviewed periodically, at least every four years. (3) The gender equity policy required under subsection (2) shall be (a) made in consultation with employees of the establishment; and (b) part of the strategic plan of the establishment. Submission of gender equity report 22. (1) An employer shall submit an annual report on gender equity to the Committee. (2) A leader of a trade union within an organisation shall include information on gender equity in the annual report submitted to organised labour. 12 Affirmative Action (Gender Equity) Act, 2024 Act 1121 Compliance 23. (1) Where the Committee determines that an employer has failed to comply with a gender equity policy, the Committee shall require a written undertaking from the employer to comply within six months . (2) The Committee may use an alternative dispute resolution mechanism to address issues of non-compliance with this Act. Incentive for the private sector 24. (1) The Minister responsible for Finance shall, in consultation with the Minister and the Ghana Revenue Authority, develop guidelines for granting tax incentives to employers within the private sector who comply with the provisions of this Act. (2) An employer who complies with the First Schedule (a) within the first twelve months of the coming into force of this Act; or (b) after the first twelve months of the coming into force of this Act may apply to the Minister responsible for Finance for a tax incentive. (3) The Minister responsible for Finance may, in accordance with the Exemptions Act, 2022 (Act I 083), grant a tax incentive to an employer under subsection (2). (4) In furtherance of paragraph (a) of section 59 of the Public Procurement Act, 2003 (Act 663), a procurement entity shall, in the award of a Government contract, give preference to an employer in the private sector who has been issued with a Gender Equity Compliance Certificate. Miscellaneous Provisions Grievance resolution procedure 25. (1) A person may submit a complaint in writing about gender inequity to the Committee. (2) Despite subsection (1), a person may submit a complaint in writing about gender inequity to the Commission on Human Rights and Administrative Justice. 13 Act 1121 Affirmative Action (Gender Equity) Act, 2024 (3) Despite subsections (l) and (2), a person may submit a complaint orally w1)ere the person cannoit submit a written complaint. (4) Where a complaint is submitted orally, the complaint shall be recorded by the person to whom the complaint is submitted and the complainant shall thumb print a copy of the recorded complaint. (5) The National Labour Commission shall investigate a labour related complaint on gender inequity upon referral by the Committee or the Commission on Human Rights and Administrative Justice. (6) A complaint shall be settled by mediation within six months of receipt of the complaint. (7) Where a complaint is settled by the National Labour Commission or the Commission on Human Rights and Administrative Justice, a copy of the settlement shaH be submitted to the Committee. (8) Where (a) a person is dissatisfied with the settlement made by the National Labour Commission, the Commission on Human Rights and Administrative Justice or the Committee, or (b) the six-month period indicated under subsection (6) has expired and the complaint has not been settled by the National Labour Commission, the Commission on Human Rights and Administrative Justioe or the Committee, - the aggrieved person may submit the complaint to the High Court an<l notify the Committee of the submission. Co-operation with public and private institutions 26. (1) The Ministry may seek information on gender equity from a public or private institution and the responsible officer in the institution shall cooperate with the Ministry to coillate tihe information. (2) An officer who fails without reasonable cause to cooperate with the Ministry in the collation of information, commits an offence and is liable on summary conviction to a fine of not less than two hundred penalty units and not more than five hundred penalty units or to a term of imprisonment of not less than three months and not more than twelve months, or to both. 14 Affirmative Action (Gender Equi(v) Act, 2024 Act 1121 Data collection 27. The Minister may require an institution or a body to. provide gender disaggregated statistics. Offences 28. (1) A person who (a) victimises, obstructs or exerts undue influence on a person in an attempt to defeat the object of this Act, (b) subjects an employee to gender specific verbal attack, stereotyping, hate speech or harsh rhetoric, I (c) discriminates against, intimidates or seeks to disqualify a candidate on grounds of gender, r (d) fails to provide information as required under this Act, or (e) knowingly provides false information contrary to the requirements of this Act, commits an offence and is liable on summary conviction to a fine of not less than five hundred penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than six months and not more than twelve months, or to both. (2) An employer in the private sector who fails to comply with this Act commits an offence and is liable on summary conviction to a fine of not less than five hundred penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than six months and not more than twelve months, or to both. Regulations .29. The Minister may, by legislative instrument, make Regulations ( a) on specific measures related to gender equity; (b) for the specific measures related to the prohibition of discrimination; (c) to prescribe for matters relating to administrative decision-making and recruitment; (d) to provide for services and programmes on gender equity; (e) to provide for filing of complaints; (f) for forms and certificates required under this Act; (g) on training of institutions; 15 Act 1121 Affirmative Action (Gender Equity) Act, 2024 (h) on data collection; (i) on the gender equity policy to be submitted by a designated employer; (j) on codes of practice; (k) to prescribe the procedure for collaboration with public institutions; (/) to prescribe the forms to be used under this Act; (m) to amend a provision of the Schedules to this Act; and (n) generally, to provide for the effective implementation of I • this Act. Implementation of the Act 30. The Ministry, through the Department of Gender, is responsible for the implementation of this Act. Interpretation 31. In this Act, unless the context otherwise requires, "affirmative action" means a set of measures including enactments, policies, practices and strategies 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 imbalance in the public and private sectors in accordance with clause (4) of article 17 of the Constitution; "body" means an institution in the private or public sector; "candidate" means a person who stands or is presented by others to be elected to an office; "Committee" means the Gender Equity Committee established under section 4; "court" means a court of competent jurisdiction; "District Assembly" includes a Metropolitan and a Municipal Assembly; "employers' organisation" means an association of employers established by the employers to represent and promote the 16 Affirmative Action (Gender Equity) Act, 2024 Act 1121 interests of the employers and regulation of relations between employers and workers registered under _the Labour Act, 2003 (Act 651); "gender" means the economic, educational, social, political and cultural attributes, opportunities and societal differences with being women and men; "gender balance" means the ratio of women to men in any given situation that is achieved when there is an approximately equal number of women to men present or participating; "gender discrimination" means any distinction, exclusion or restriction made on the basis of gender that has the effect or purpose of impairing the recognition, enjoyment or exercise by women of human rights and fundamental freedoms in the political, economic, educational, employment, social, cultural or any other field; "gender disaggregated data" means data that is categorised by gender allowing for a more detailed analysis of the differences and disparities between men and women to provide visibility into how programming targets impact women and girls as well as men and boys; "gender equity" means the process of being fair to women and men in a way that leads to equal social value, equal rights and responsibilities and equal access to the means to access them; "gender responsive budgeting" means a strategy that considers and analyses the unique and diverse needs of every gender to ensure a fair distribution of resources; "measure" includes a mechanism and a series of actions to achieve a set target; "mainstreaming" includes a strategy for making the concerns and experiences of women and men an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in political, economic and societal spheres so that women and men benefit equitably; 17 Act 1121 Affirmative Action (Gender Equity) Act, 2024 "media" means the main form of mass communication, print and electronic media including social media; • "Minister;' means the Minister responsible for Gender, Children and Social Protection; "Ministry" means the Ministry responsible for Gender, Children and Social Protection; "organised labour'; means the association of workers in a trade or industry for the purpose of obtaining or assuring improvements in working conditions through their collective action; ''parity" means relative equality in terms of numbers and proportion, in terms of women and men, girls and boys, and often calculated as a ratio of female to male; "policy" means a statement of intent or course of actio n designed to influence and determine a decision, event and other matters; "private sector" means that part of the economy which is run by a private individual or a group as a means of enterprise for profit or otherwise that is not controlled by the Government and entities the Government has a share in; "public office" includes an office the emoluments attached to which are paid directly from the Consolidated Fund or direcdy out of moneys provided by Parliament and an office in a public corporation established entirely out of public funds or moneys provided by Parliament; "public officer" means a person who holds a public office; "public sector" means a Ministry, a Department or an Agency financed by the Government; "Public Service" includes a service in any civil office of Government, or other employment the emoluments of which are paid directly from the Consolidated Fund or directly out of moneys approved by Parliament; i'sector" means a distinct part or branch of the economy; ''Security Services" include the Ghana Armed Forces, Police Service, Prisons Service, National Fire Service, Customs 18 Affirmative Action (Gender Equity) Act, 2024 Act 1121 Division of the Ghana Revenue Authority, the Immigration Service and the National Intelligence Bureau; "services" mean the Public Service and the Security Services; '·' stereotyping" means the expectation of a predictable form of behaviour or action that is not considered positive; "trade union" includes an association of workers to promote and prot,ect economic and social interests of workers that I is registered under the Labour Act, 2003 (Act 651) and a federation of trade unions registered under that Act; and \ "worker" means a person employed under a contract of employment whether on continuous, part-time, temporary or ,casual basis . I 19 Act 1121 Affirmative Action (Gender Equity) Act, 2024

FIRST SCHEDULE (sections 1(2), 14(2), 16(5)(6), 17(2), 18(1), 20(1), 20(3), 21(1) dnd 24(2)) PROCESS FOR MEASURING PROGRESSIVE COMPLIANCE WITH TARGETS 1. Compliance shall be through the submission of gender policies and plans to the Committee for the progressive achievement of targets from 2024 to 2034 within twelve months of the coming into force of this Act, with an evaluation every four years including.: (a) Baseline information in 2018 to be provided by all o~ganisations and institutions listed in the Act. (b) Progressive Achievements from 2024 to 2034 FROM TO PERiCENTAGE 2024 2026 30 2027 2028 35 2029 2034 50 2. Annual reports shall be submitted by institutions and organisations indicating compliance with their policies or plans and the Committee may summon an official to clarify issues in the report and make appropriate recommendations and issue compliam.e certificates. 3. Audits shall be undertaken every four years, with the first evaluation to be undertaken by the Committee and the intermediary institution within the first four years of the coming into force of this Act. 20 Affirmative Action (Gender Equity) Act, 2024 Act 1121

SECOND SCHEDULE (section 3) INTERNATIONAL CONVENTIONS Instrument Provisions Target Date Comments Ratified SDGS 17 universal goals and Gender parity Signed in Integrated 168 targets in the areas by 2030 January into national of poverty, hunger, 2016 development good health , quality policy education, gender frameworks, parity, clean water and sector and sanitation, renewable district plans energy, good jobs and and tracked economic growth, bi-annually. innovation and infrastructure, reduced inequalities, sustainable cities and communities , responsible consumption, climate action, life below water, life on land, peace, justice and strong institutions and partnerships. Regional Instruments African State parties take all Gender equality Signed Charter on possible measures to byGhana Democracy, encourage the full and on 15/ Elections and active participation of 01/2008 Governance, women in the electoral 30th January, process and ensure 2007 gender parity in j representation at all levels including legislature. 'r 21 Act 1121 Affinnative Action (Gender Equity) Act, 2024 I Instrument Provisions Target Date Comments Ratified - I The Protocol Article 9(1): States to 9(1)(b): Women to the African take specific positive are represented Charter on action to promote equally at all Human and participative levels with men Peoples' governance and the in all electoral Rights on the equal participation of processes; Rights of women in the political Women in life of their countries Africa African through affirmative Charter action , enabling (Optional national legislation and Protocol) other measures to 2005 ensure that: a) women participate without any discrimination in all elections. AU Agenda Promoting gender 2063 2063 parity and women 's empowerment with a target of full gender parity in all spheres of life. Convention Article 4(1): Adoption 7(a) ... shall 02/01/ on the of temporary special ensure on equal 1986 Elimination measures to accelerate terms with of all Forms de facto Equality. men, the right of to vote ... and to Discrimination Article 7: State parties be eligible for against to take all appropriate election to Women measures to eliminate publicly (CEDAW), discrimination against elected office. 1981 women in political and public life. (a) .... shall ensure women's eligibility for election on equal terms with men, the right to vote .... and to be eligible for election to publicly elected office. 22 Affirmative Action (Gender Equity) Act, 2024 Act 1121 I Article 8: State Parties Article 8: State shall take all appropriate Parties shall measures to ,e nsure to ensur,e on women, on equal terms equal terms with men and without with men the any discrimination, the opportunity to opportunity to represent represent their Governments at Governments the international level at the and to participate in the international work of int,e rnational level. orga nisations . 23 Act 1121 Affirmative Action (Gender Equity) Act, 2024 TIDRDSCHEDULE (sections 14(3), 14(4) and 15(2)) GUIDELINES AND STRATEGIES FOR GENDER EQUITY IN RELATION TO THE PUBLIC SERVICE 1. Where a specific number of members is required for appointment to a body, a specified number of the seats shall be reserved for women. 2. Appointments to managerial or decision-making positions shall be gender balanced or where impracticable as a result of the positions being an odd number, gender equity shall be ensured in the appointments. 3. The Public Services Commission shall provide guidelines to all public institutions to ensure the promotion of gender equity in human resource management. 4. The Public Services Commission shall take measures set out in this Schedule to equip women for promotion to management positions in the Public Service and prevent and address the discrimination in the workplace in accordance with existing laws. A. STRATEGIES IN RELATION TO EDUCATION 1. Strategies for Education Generally The Ministry of Education shall take steps to (a) ensure that there is gender balance rn access and opportunity to education at all levels; 24 Affirmative Action (Gender Equity) Act, 2024 Act 1121 (b) strengthen non-formal education units to address illiteracy among school children and link school children and young persons up with the formal system; (c) review curricula of basic schools up to the tertiary level to include courses on gender equity; (d) establish programmes at the basic and secondary school levels to enable students know about governance issues; (e) provide appropriate interventions and incentives in deprived districts; (f) eliminate gender stereotyping m the educational curriculum; (g) continually sensitize communities and schools on gender roles and the rights of women; (h) address harmful and negative religious, cultural and traditional practices that affect the education of girls; (i) strengthen guidance and counselling for girls in educational establishments; U) promote parental care for children until they reach adulthood and avoid early weaning by adolescent girls; (k) promote the writing of textbooks in all local languages for children to promote learning; (1) promote the enforcement of laws that protect the welfare of children; 25 Act 1121 Affirmative Action (Gender Equity) Act, 2024 (m) include leadership training for women in the curricula from basic schools to the tertiary level; and (n) improve infrastructural needs in schools by providing adequate toilet facilities as well as dormitories for use by girls . 2 . Strategies for Basic Level Education (a) The Girl-Child Education Unit of the Ghana Education Service shall be well resourced to address barriers to access to education for children of both genders in problematic areas that have been identified through research. (b) A percentage of the Ghana Education Trust Fund and the Djstrict Assembly Common Fund shall be allocated to promote girl child education in identified areas. (c) Existing policies on child education such as incentives in disadvantaged districts shall be maintained. (d) The Ghana Education Service shall establish girl clubs in schools to encourage retention of young girls in schools and to build the confidence of young girls for leadership. (e) The Ghana Education Service shall monitor progress of the girl child through secondary to tertiary levels. (f) The Girl-Child Education Unit of the Ghana Education Service shall encourage reproductive health and rights, including nutrition and education in schools. (g) Special policies on girl child education such as science and maths clinics should be sustained. 26 Affirmative Action (Gender Equity) Ad, 2024 Act 1121 3. Strategies for Secondary Level Education (a) Brilliant but needy female students shall be supported with scholarships. (b) Special policies on girl child education such as science and maths clinics should be sustained. (c) Effective school and reproductive health units shall be established and promoted. (d) Transition education and enabling environments for re-integrating school drop-outs, especially victims of teenage pregnancies shall be promoted. 4. Strategies for Tertiary Level Education (a) A lower cut off point for female applicants and reservation of slots for women from deprived districts and schools shall be maintained. (b) Private institutions shall adopt policies to ensure an increase in female enrolment in their institutions including the award of scholarships. B. STRATEGIES IN RELATION TO HEALTH 1. The Ministry of Health shall take steps to ensure (a) the reduction of anaemia in adolescent girls and women in their reproductive ages; and (b) reduction in maternal mortality. 2. The National Population Council shall take steps to (a) provide reproductive health education for adolescent girls; and 27 Act 1121 Affirmative Action (Gender Equity) Act, 2024 (b) ensure a reduction in child marriage and teenage pregnancies. C. STRATEGIES IN RELATION TO EMPLOYMENT 1. The Ministry of Employment and Labour Relations shall take steps to (a) protect the employment of pregnant women; (b) promote social protection for women in informal employment; (c) promote financial literacy and social security for women in informal employment, household and care work; and (d) protect domestic workers including migrants. 2. The Ministry of Gender, Children and Social Protection shall take steps to promote economic empowerment of vulnerable households with the view to breaking the intergenerational cycle of poverty. D. STRATEGIES IN RELATION TO LOCAL GOVERNANCE I . The President shall ensure gender equity in nominations for appointment as Chief Executives of District Assemblies. 2. The President shall ensure gender equity in nominations for appointment to District Assemblies. 3. The following strategies shall be adopted to promote the active participation of women in local governance: (a) separate budgetary allocations shall be given to women at the assembly level to run the affairs of women. 28 Affirmative Action (Gender Equity) Act, 2024 Act 1121 (b) the Ministry of Local Government, Decentralization and Rur:al Development, District Assemblies, the Ministry. and other bodies and organisations are to provide training to successful female candidates to share their knowledge with aspiring female candidates. (c) a database of female aspirants for political positions shall be created at all levels of decision-making. (d) the progression of female members of District Assemblies shall be monitored. (e) a mentoring programme for aspiring, successful and unsuccessful femaLe candidates shall be established. (f) gender equity and women's empowerment shall be included as a criterion for accessing the District Assemblies' Common Fund. (g) a regime of sanctions and rewards for defaulting and compliant District Assemblies shall be instituted respectively. 29 Act 1121 Affirmative Action (Gender Equity) Act, 2024

FOURTH SCHEDULE (section 14 (6)) STRATEGIES FOR GENDER EQUITY IN RELATION TO THE EXECUTIVE I . The President shall track and monitor the experiences of women appointed into public offices, governance and decision-making positions. 2. Government shall implement gender mainstreaming in public offices, governance and decision-making positions. 3. Government shall conduct gender-sensitivity training for Government appointees to raise awareness about gender issues and promote gender equity. 4. Government shall promote leadership development programmes and initiatives aimed at increasing the number of women in leadership positions within Government. 30 Affirmative Action (Gender Equity) Act, 2024 Act 1121

FIFTH SCHEDULE (section 17 (4)) STRATEGIES FOR GENDER EQUITY IN RELATION TO THE JUDICIARY The' Judicial Council shall 1. prepare or review a strategic plan that includes the objective t' I , of the gender policy of the Judicial Service; 2. subject to the Constitution, ensure balanced representation of women and men at the decision-making level; 3. take steps to ensure equal treatment in staff recruitment and employment procedures; 4. strengthen the Human Resources Directorate, Monitoring and Evaluation Directorate and the Judicial Reform Directorate to undertake research on gender issues; and 5. adopt gender mainstreaming in the Judicial Service. 31 Act 1121 Affirmative Action (Gender Equity) Act, 2024

SIXTH SCHEDULE (section 18(3)) STRATEGIES FOR GENDER EQUITY IN RELATION TO .PARLIAMENT AND THE PARLIAMENTARY SERVICE I. The Speaker and Leadership of Parliament shall track and monitor experiences of female Members of Parliament. 2. The Clerk to Parliament shall track and monitor experiences of female Members of the Parliamentary Service. 3. The Speaker and Leadership of Parliament shall ensure that gender-sensitivity training is conducted for Members of Parliament and staff of the Parliamentary Service to raise awareness about gender issues and promote gender equity. 4. The Speaker and Leadership of Parliament shall ensure the creation of a gender-sensitive organisational culture within Parliament and the Parliamentary Service that values and promotes gender equity to help address systemic barriers to active participation of women in decision-making. 5. The Speaker and Leadership of Parliament shall ensure a conducive work environment that supports female Members of Parliament in balancing parliamentary duties with family responsibilities. 6. The Parliamentary Service Board shall ensure a conducive work environment that supports women in the Parliamentary Service to balance official duties with family responsibilities. 32 Affirmative Action (Gender Equity) Act, 2024 Act 1121

SEVENTH SCHEDULE (section 20(5)) STRATEGIES FOR GENDER EQUITY IN RELATION TO POLITICAL PARTIES i. A political party shall ensure the creation of a database of female aspirants for political positions at all levels of decision-making. 2. A political party shall conduct mentoring programmes for aspiring, successful and unsuccessful female candidates. 3. A political party shall create a gender-sensitive organisational culture that values and promotes gender equity within the political party to help address systemic barriers to active participation of women in decision-making. 4. A political party shall provide leadership training and support to women in the party to help address unique challenges that women encounter. 5. A political party shall adopt gender mainstreaming in policies and programmes of the political party. .\ 33 Act 1121 Affirmative Action (Gender Equity) Act, 2024 Date of Gazette notification: 11 th Sept emb er 34