Ghana’s Affirmative Action Act sees progress in judiciary but faces challenges in parliamentary representation

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The Affirmative Action (Gender Equity) Act, 2024 (Act 1121), passed by Parliament in July 2024, aims to increase women’s representation and participation in public life and leadership across sectors.

The Act sets clear targets of 30% female representation in decision-making positions by 2026, 35% by 2028, and 50% by 2034.

In the judiciary, progress has been particularly notable. As of now, there are four female Supreme Court judges compared to 10 male judges; 13 female Court of Appeal judges; 55 female High Court judges; 54 female Circuit Court judges; 68 District Court judges; and 26 other district judges. These figures total 220 female judges, representing near parity of 49.7% women within the judicial system.

However, despite these strides in the judiciary, women remain significantly underrepresented in Parliament. A 2025 report reveals that women hold only 41 of the 276 seats in Parliament, accounting for just 14.9 per cent — well below the statutory targets set by the Affirmative Action Act.

The shortfall in female representation in Parliament has been acknowledged by the leadership.

The Speaker of Parliament, Alban Sumana Kingsford Bagbin, has publicly decried the low level of female participation and has called for reforms to improve women’s presence in the legislature.

Some Members of Parliament (MPs) and stakeholders are now pushing for further constitutional or legislative backing to reinforce the Act and ensure its enforcement.

They argue that without stronger legal frameworks, the implementation of the Act’s goals may remain ineffective and unenforced.

Civil society groups have also been vocal in amplifying calls for reforms to address the underrepresentation of women in leadership positions.

At a recent media capacity-building workshop on the Affirmative Action Act, under the auspices of Abantu for Development and Action Aid Ghana, Sheila Minkah-Premo Esq., the convener of the Affirmative Action Law Coalition, stressed the need for gender inclusivity in the constitutional provisions concerning parliamentary qualifications.

“We are a 276-member Parliament; we only have 41 women. That is about 14.5 per cent. So, we need a constitutional provision in the relevant parts of the Constitution — I think Articles 93 and 94, which deal with who qualifies to go to Parliament. We need to have a provision on gender inclusion there as well, so that the law can be strengthened and help us see an increase in the number of women in Parliament,” Mrs Minkah-Premo said.

With the continued sensitisation of the Affirmative Action Act, more public education is needed.

Mrs Minkah-Premo urged the media to be adequately equipped with knowledge of the law to ensure informed dissemination of its provisions.

“Well, I think the media is trying. We have had calls from some radio stations to talk about the law, which is now in place. We have had programmes, and the media has also covered activities to help spread the information. However, the media still has more of a role to play. If we equip them with knowledge about the law, when they are writing, they will be able to write better about it and help to spread the information. They should continue what they are doing and do even better to ensure that the law works,” she added.

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