The passage of the Affirmative Action (Gender Equality) Act 2024  by the country’s parliament on 30 July 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 law 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 law attempts to ensure the achievement of gender equality in the political, social, economic, educational and cultural spheres of Ghanaian society.

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.

What are the new law’s chances of success?

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, a body set up within the ministry. 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?

And the law 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.

What will it take to succeed?

The passage of the Affirmative Action (Gender Equality) Act 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.