Ghana launched the Affirmative Action (Gender Equity) Regulations, 2026 (L.I. 2522) on 7 October 2026. The Regulations put into operation the Affirmative Action (Gender Equity) Act, 2024 (Act 1121), which already requires private employers to adopt a gender equity policy, report annually and work towards statutory gender targets. With the implementing rules now in place, compliance moves from aspiration to enforcement.
The short answer
- New instrument: Affirmative Action (Gender Equity) Regulations, 2026 (L.I. 2522), launched alongside the Social Protection Act, 2025 (Act 1148) and the Social Protection Regulations, 2026 (L.I. 2521).
- Parent law: Affirmative Action (Gender Equity) Act, 2024 (Act 1121).
- Targets: 30% for 2024 to 2026, 35% for 2027 to 2028 and 50% for 2029 to 2034, under the First Schedule to the Act.
- Private employers must: adopt a gender equity policy, renewed every four years; take measures towards the targets; and submit an annual gender equity report to the Gender Equity Committee.
- Upside: tax incentives for compliant employers and preference in public procurement for holders of a Gender Equity Compliance Certificate.
- Downside: non-compliance by a private employer is an offence carrying a fine of 500 to 1,000 penalty units, imprisonment of six to 12 months, or both.
What was launched on 7 October
The Ministry of Gender, Children and Social Protection launched the three instruments under the theme “Building an Inclusive, Equitable and Resilient Ghana: From Legislation to Impact”. Minister Dr Agnes Naa Momo Lartey and Vice President Jane Naana Opoku-Agyemang spoke at the launch, at which the government presented an implementation roadmap.
According to MyJoyOnline’s report of the launch, the Affirmative Action Regulations give guidance on Ghana’s affirmative action framework, and the ministry, employers and private-sector organisations have responsibilities under them, including implementation and reporting requirements. The ministry will monitor and evaluate all three laws and publish the results.
The detailed text of L.I. 2522 was not widely available at the time of writing. Employers should obtain the gazetted Regulations before finalising compliance programmes, particularly on reporting formats and deadlines.
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What Act 1121 already requires of private employers
The core private-sector obligations sit in the Act itself:
- Section 21: targets and policy. Employers must take measures to achieve the gender equity targets within the periods in the First Schedule, and must have a gender equity policy, renewed every four years.
- Section 22: annual reporting. Employers must submit an annual gender equity report to the Gender Equity Committee.
- Section 23: undertakings. Where the Committee finds non-compliance, it must obtain a written undertaking from the employer to comply within six months.
- Section 25: complaints. Complaints may be taken to the Gender Equity Committee, the National Labour Commission or the Commission on Human Rights and Administrative Justice, with recourse to the High Court if unresolved.
Incentives: tax and procurement
Section 24 directs the Minister for Finance, with the Minister for Gender and the Ghana Revenue Authority, to develop tax incentive guidelines for compliant private employers, and allows incentives under the Exemptions Act, 2022 (Act 1083). Procurement entities must also give preference in government contracts to employers holding a Gender Equity Compliance Certificate, which the Minister issues on the Committee’s recommendation.
For companies that bid for public contracts, the certificate is therefore a commercial asset, not only a compliance document.
Sanctions
Section 28 makes it an offence to victimise or obstruct a person to defeat the purposes of the Act, to subject an employee to gender-based harassment, to discriminate against a candidate on grounds of gender, or to fail to provide, or knowingly falsify, required information. The penalty is a fine of 500 to 1,000 penalty units, imprisonment of six to 12 months, or both, and section 28(4) applies the same penalties to non-compliant private employers. At the current value of a penalty unit, the fine range is GHS6,000 to GHS12,000.
The fines are modest for large employers. The greater exposure is reputational, contractual and in procurement, where the absence of a compliance certificate may cost bids.
A practical compliance checklist
- Collect gender-disaggregated data for the workforce, senior management and board.
- Adopt, or refresh, a board-approved gender equity policy with a four-year review cycle.
- Set measurable targets aligned with the 30%, 35% and 50% schedule, prioritising decision-making roles.
- Assign ownership of the annual report to the Gender Equity Committee, with sign-off at executive level.
- Review recruitment, promotion and complaints procedures for discrimination and harassment risk.
- Track the Ministry of Finance’s tax incentive guidelines and the process for obtaining a compliance certificate.
For law firms, the Act applies to them as employers as much as to their clients. Our West Africa 50 and lawyer rankings track partnership composition across the region.
Frequently asked questions
Does the Affirmative Action Act apply to private companies in Ghana?
Yes. Sections 21 to 23 and 28(4) of Act 1121 impose obligations and sanctions on private employers.
What is the current gender equity target?
30% for the period 2024 to 2026, rising to 35% for 2027 to 2028 and 50% for 2029 to 2034.
What is L.I. 2522?
The Affirmative Action (Gender Equity) Regulations, 2026, which set the framework for implementing Act 1121. They were launched on 7 October 2026.
What happens if an employer does not comply?
The Gender Equity Committee must first seek a written undertaking to comply within six months. Continued non-compliance can lead to prosecution under section 28.
Sources
- MyJoyOnline, “Gov’t launches roadmap to implement Social Protection Act, Regulations and Affirmative Action Regulations”, 7 October 2026
- Graphic Online, “Gov’t to launch three legal instruments on social protection, gender equity”, 6 October 2026
- ACEPA, Affirmative Action (Gender Equity) Act, 2024: summary information sheet
- Gurah Sampson Law, “A review of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121)”
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