Sex-for-Jobs: Lawyer Minkah-Premo Backs President Mahama’s Call for Punitive Law

Koforidua: Mrs Sheila Minkah-Premo, Convener of the Affirmative Action Law Coalition, has expressed her support for President John Dramani Mahama's initiative to implement a specific law that penalizes employers who demand sexual favors in exchange for jobs, promotions, or salary payments. She emphasized that the current legal frameworks, including the 1992 Constitution, the Labour Act, 2003 (Act 651), the Criminal Offences Act, 1960 (Act 29), and the Affirmative Action (Gender Equity) Act, 2024 (Act 1121), do not sufficiently protect victims.

According to Ghana News Agency, Mrs Minkah-Premo shared her views during an exclusive interview on Thursday, following President Mahama's call for legal reforms at a town hall event in Adweso, Koforidua. The event marked the end of his two-day 'Resetting Ghana Tour' in the Eastern Region. She stated her willingness to join any advocacy efforts aimed at criminalizing sexual harassment, showing her alignment with the President's proposal.

Mrs Minkah-Premo, who also serves as the Managing Consultant of ALC Law Consult, described the practice of 'Sex-for-Jobs' as demoralizing, particularly for young women entering the workforce. She highlighted that such demands deprive qualified individuals of job opportunities and deny the country access to competent talent. Despite the severe implications for both victims and the nation, she argued that existing laws do not provide adequate protection, especially for job seekers.

Referring to the 1992 Constitution, Mrs Minkah-Premo pointed out that Article 17(2), which prohibits discrimination based on gender, race, color, ethnic origin, creed, or social and economic status, does not directly tackle the issue of 'Sex-for-Jobs.' She also mentioned that Section 15(b) of the Labour Act, 2003 (Act 651), which allows workers to terminate employment on the grounds of ill-treatment or sexual harassment, only safeguards those already employed, not prospective employees.

Furthermore, Mrs Minkah-Premo noted the inadequacy of the Criminal Offences Act, 1960 (Act 29), with its provisions on rape and indecent assault, in addressing the problem. She also highlighted that Sections 97 and 98 on rape, and Section 103 on indecent assault do not sufficiently cover the issue of 'Sex-for-Jobs.'

The lawyer also discussed the limitations of the Affirmative Action (Gender Equity) Act, 2024 (Act 1121), stating that Section 28(1)(b), which criminalizes gender-specific verbal attacks, stereotyping, hate speech, and harsh rhetoric against employees, does not specifically address sexual harassment. Similarly, Section 28(1)(c), which criminalizes discrimination, intimidation, or disqualification of a candidate based on gender, fails to adequately cover the issue.

Mrs Minkah-Premo encouraged Parliament to reinforce existing legislation while considering the President's proposal for new laws. She also urged religious leaders, civil society organizations, and the media to support efforts in combating the 'Sex-for-Jobs' phenomenon.