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==National approaches== {{See also|Reserved political positions}} In some countries that have laws on racial equality, affirmative action is rendered illegal because it does not treat all races equally. This approach of equal treatment is sometimes described as being "[[Color blindness (race)|color blind]]", in hopes that it is effective against discrimination without engaging in [[reverse discrimination]]. In such countries, the focus tends to be on ensuring equal opportunity and, for example, targeted advertising campaigns to encourage ethnic minority candidates to join the police force. This is sometimes called [[positive action]]. === Africa === ====South Africa==== {{See also|Black Economic Empowerment}} =====Apartheid===== The [[apartheid]] government, as a matter of state policy, favoured white-owned, especially [[Afrikaner]]-owned companies. The aforementioned policies achieved the desired results, but in the process, they marginalised and excluded black people. Skilled jobs were also reserved for white people, and blacks were largely used as unskilled labour, enforced by legislation including the Mines and Works Act, the Job Reservations Act, the [[Native Building Workers Act]], the [[Apprenticeship Act]] and the [[Bantu Education Act]],<ref>{{cite web|url=http://www.southendmuseum.co.za/index.php?option=com_content&view=article&id=19&Itemid=20 |title=Job Reservations Act |publisher=South End Museum |access-date=31 March 2011}}</ref> creating and extending the "colour bar" in South African labour.<ref>{{cite web|url=http://www.sahistory.org.za/luli-35 |title=White Workers and the Colour Bar |publisher=Sahistory.org.za |access-date=31 May 2015 |url-status=dead |archive-url=https://web.archive.org/web/20140319002102/http://www.sahistory.org.za/luli-35 |archive-date=19 March 2014 |date=3 April 2011 }}</ref> Then the whites successfully persuaded the government to enact laws that highly restricted the blacks' employment opportunities. Since the 1960s the apartheid laws had been weakened. Consequently, from 1975 to 1990 the real wages of black manufacturing workers rose by 50%, while those of whites rose by 1%.<ref name="africa">[https://www.economist.com/node/244570 Race, law and poverty in the new South Africa], The Economist, 30 September 1999</ref> The variation in skills and productivity between groups of people ultimately caused disparities in employment, occupation and income within labour markets, which provided advantages to certain groups and characteristics of people. This in due course was the motivation to introduce affirmative action in South Africa, following the end of apartheid.<ref name=prob>{{cite web |last=Stokes|first= G. |date=15 March 2010 |title=The problem with affirmative action |url=http://www.fanews.co.za/article.asp?Front_Page_Features~25,Stokes_Stage~1145,The_problem_with_affirmative_action~7618 |publisher=Fanews.co.za}}</ref> =====Post-apartheid – the Employment Equity Act===== Following the transition to democracy in 1994, the [[African National Congress]]-led government chose to implement affirmative action legislation to correct previous imbalances (a policy known as employment equity). As such, all employers were compelled by law to employ previously disenfranchised groups (blacks, [[Indian South Africans|Indians]], and [[Coloureds]]). A related, but distinct concept is [[Black Economic Empowerment]].<ref>[http://www.ecsecc.org/files/publications/120307130010.pdf] {{webarchive|url=https://web.archive.org/web/20140318215653/http://www.ecsecc.org/files/publications/120307130010.pdf|date=18 March 2014}}</ref> The [[Employment Equity Act]] and the [[Broad Based Black Economic Empowerment]] Act aim to promote and achieve equality in the workplace (in South Africa termed "equity"), by advancing people from designated groups. The designated groups who are to be advanced include all people of colour, women (including white women) and [[people with disabilities]] (including white people). Employment Equity legislation requires companies employing more than 50 people to design and implement plans to improve the representativity of workforce demographics, and report them to the [[Department of Labour (South Africa)|Department of Labour]].<ref>{{cite web |url=http://www.southafrica.info/services/rights/employmentequity.htm |title=Employment Equity FAQ |publisher=Southafrica.info |access-date=11 April 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120401103321/http://www.southafrica.info/services/rights/employmentequity.htm |archive-date=1 April 2012 }}</ref> Employment Equity also forms part of a company's [[Black Economic Empowerment]] scorecard: in a relatively complex scoring system, which allows for some flexibility in the manner in which each company meets its legal commitments, each company is required to meet minimum requirements in terms of representation by previously disadvantaged groups. The matters covered include equity ownership, representation at employee and management level (up to the board of director level), procurement from black-owned businesses and social investment programs, amongst others. The policies of Employment Equity and, particularly, Black Economic empowerment have been criticised both by those who view them as discriminatory against white people, and by those who view them as ineffectual.<ref>{{cite web|url=http://www.mg.co.za/article/2010-02-03-bees-glass-slipper |title=BEE's Glass Slipper |date=3 February 2010 |publisher=Mg.co.za |access-date=11 April 2012}}</ref><ref>{{cite web|url=http://www.moneyweb.co.za/mw/view/mw/en/page292679?oid=346519&sn=2009+Detail+no+image&pid=295799 |title=BEE: A man made disaster |publisher=Moneyweb.co.za |access-date=11 April 2012}}</ref><ref name="fin24.com">{{cite web|url=http://www.fin24.com/articles/default/display_article.aspx?ArticleId=1518-24_2564628 |title='SAB deal to enrich black elite': Fin24: Companies |publisher=Fin24 |access-date=29 July 2010 |url-status=dead |archive-url=https://web.archive.org/web/20111003093857/http://www.fin24.com/articles/default/display_article.aspx?ArticleId=1518-24_2564628 |archive-date=3 October 2011 }}</ref><ref>{{cite web|url=http://www.busrep.co.za/index.php?fArticleId=5340048 |archive-url=http://arquivo.pt/wayback/20160516113211/http://www.busrep.co.za/index.php?fArticleId=5340048 |url-status=dead |archive-date=16 May 2016 |title=Business Report – Home – Motlanthe warns BEE council has failed |publisher=Busrep.co.za |date=9 February 2010 |access-date=29 July 2010 }}</ref><ref>{{cite web|url=http://www.mg.co.za/article/2009-11-20-manyi-vows-to-get-tough-over-bee |title=Manyi vows to get tough over BEE – Mail & Guardian Online: The smart news source |date=20 November 2009 |publisher=Mg.co.za |access-date=29 July 2010}}</ref> These laws cause disproportionally high costs for small companies and reduce economic growth and employment.<ref name=africa/> The laws may give the black middle-class some advantage but can make the worse-off blacks even poorer.<ref name=africa/> Moreover, the [[Supreme Court of Appeal of South Africa|Supreme Court]] has ruled that in principle blacks may be favored, but in practice this should not lead to unfair discrimination against the others.<ref name=africa/> =====Affirmative action purpose===== Affirmative action was introduced through the Employment Equality Act, 55 in 1998, 4 years after the end of apartheid. This act was passed to promote the constitutional right of equality and exercise true democracy. This idea was to eliminate unfair discrimination in employment, to ensure the implementation of employment equity to redress the effects of discrimination, to achieve a diverse workforce broadly representative of our people, to promote economic development and efficiency in the workforce and to give effects to the obligations of the Republic as a member of the International Labour Organisation.<ref name=prob/><ref name=aff>{{cite journal |last=Bergmann |first=B. |year=1999 |title=The continuing need for affirmative action |journal=The Quarterly Review of Economics and Finance |volume=39 |issue=5 |pages=757–768 |doi=10.1016/S1062-9769(99)00027-7 }}</ref> Many embraced the act; however some concluded that the act contradicted itself. The act eliminates unfair discrimination in certain sectors of the national labour market by imposing similar constraints on another.<ref name=prob/> With the introduction of Affirmative Action, [[black economic empowerment]] (BEE) rose further in South Africa. The BEE was not a moral initiative to redress the wrongs of the past but to promote growth and strategies that aim to realize a country's full potential. The idea was targeting the weakest link in economics, which was inequality and which would help develop the economy. This is evident in the statement by the Department of Trade and Industry, "As such, this strategy stresses a BEE process that is associated with growth, development and enterprise development, and not merely the redistribution of existing wealth".<ref name=info>{{cite web |title=Black economic empowerment. (n.d.) |url=http://www.southafrica.info/business/trends/empowerment/bee.htm |publisher=Southafrica.info |url-status=dead |archive-url=https://web.archive.org/web/20121101222356/http://southafrica.info/business/trends/empowerment/bee.htm |archive-date=1 November 2012 }}</ref><ref>{{cite journal |last=Franchi|first= V. |year=2003 |title=The racialization of affirmative action in organizational discourses: A case study of symbolic racism in post-apartheid South Africa |volume= 27 |issue= 2 |pages= 157–187 |journal= International Journal of Intercultural Relations |doi= 10.1016/S0147-1767(02)00091-3 }}</ref> Similarities between the BEE and affirmative action are apparent; however there is a difference. BEE focuses more on employment equality rather than taking wealth away from the skilled white labourers.<ref name=info/> The main goal of affirmative action is for the country to reach its full potential. This would result in a completely diverse workforce in economic and social sectors, thus broadening the economic base and stimulating economic growth.<ref name=dem>{{cite web|last=Edigheji |first=O. |year=2006 |title=Affirmative action and state capacity in a democratic South Africa. Policy: issues & actors, 20(4) |url=http://cps.org.za/cps%20pdf/pia20_4.pdf |website=cps.org.za |url-status=dead |archive-url=https://web.archive.org/web/20140519150723/http://cps.org.za/cps%20pdf/pia20_4.pdf |archive-date=19 May 2014 }}</ref> =====Outcomes===== {{debate|section|date=May 2018}} Once applied within the country, many different outcomes arose, some positive and some negative. This depended on the approach to and the view of The Employment Equality Act and affirmative action. '''Positive:''' Pre-Democracy, the apartheid governments discriminated against non-white races, so with affirmative action, the country started to redress past discriminations. Affirmative action also focused on combating structural racism and racial inequality, hoping to maximize diversity in all levels of society and sectors.<ref name=culture>Goga, F. (n.d.). ''A critique of affirmative action: The concept''. Retrieved from {{cite web|url=http://ccms.ukzn.ac.za/index.php |title=Culture, Communication and Media Studies - Home |access-date=5 November 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120622114513/http://ccms.ukzn.ac.za/index.php |archive-date=22 June 2012 }}</ref> Achieving this would elevate the status of the perpetual underclass and to restore equal access to the benefits of society.<ref name=prob/> '''Negative:''' As with all policies, there have also been negative outcomes. A quota system was implemented, which aimed to achieve targets of diversity in a workforce. This target affected the hiring and level of skills in the workforce, ultimately impacting the free market.<ref name=dem/><ref name=culture/> Affirmative action created marginalization for coloured and Indian races in South Africa, as well as developing and aiding the middle and elite classes, leaving the lower class behind. This created a bigger gap between the lower and middle class, which led to class struggles and a greater segregation.<ref name=aff/><ref name=culture/> Entitlement began to arise with the growth of the middle and elite classes, as well as race entitlement. Some{{Who|date=September 2019}} assert that affirmative action is discrimination in reverse. Negative consequences of affirmative action, specifically the quota system, drove skilled labour away, resulting in bad economic growth. This is due to very few international companies wanting to invest in South Africa.<ref name=culture/> As a result of the outcomes of affirmative action, the concept is continually evolving.<ref name="culture" /> South African jurist [[Martin van Staden]] argues that the way affirmative action and transformation policies have been implemented in South Africa has eroded state institutions, grown [[Corruption in South Africa|corruption]], and undermined the [[rule of law]] in the country.<ref name=":0">{{Cite web|url=https://www.moneyweb.co.za/moneyweb-opinion/columnists/a-government-unhinged-2/|title=A government unhinged|last=Ryan|first=Ciaran|date=16 September 2019|website=Moneyweb|access-date=17 September 2019}}</ref><ref>{{Cite book|url=https://ruleoflaw.org.za/the-constitution-and-the-rule-of-law/|title=The Constitution and the Rule of Law: An Introduction|last=van Staden|first=Martin|date=8 February 2019|website=Rule of Law Project|language=en-US|isbn=978-0-9921788-6-4|access-date=17 September 2019}}</ref> ===Asia=== ====China==== {{main|Affirmative action in China}} There is affirmative action in education for minority nationalities. This may equate to lowering minimum requirements for the National University Entrance Examination, which is a mandatory exam for all students to enter university.<ref>{{Cite web|url=http://www.moe.gov.cn/edoas/website18/30/info26630.htm|title=Graduate Student Admission Ordainment – Ministry of Education, PRC}}{{Dead link|date=December 2021 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref>{{cite web|url=http://www.mzzjw.gd.gov.cn/mzjy/ShowArticle.asp?ArticleID=541 |archive-url=https://web.archive.org/web/20090105011631/http://www.mzzjw.gd.gov.cn/mzjy/ShowArticle.asp?ArticleID=541 |url-status=dead |archive-date=5 January 2009 |title=Ethnic and Religious Affairs Commission of Guangdong Province |publisher=Mzzjw.gd.gov.cn |date=15 October 2007 |access-date=11 April 2012 }}</ref> Some universities set quotas for minority (non-Han) student intake. Further, minority students enrolled in ethnic minority-oriented specialties (e.g. language and literature programs) are provided with scholarships and/or pay no tuition, and are granted a monthly stipend.{{citation needed|date=June 2019}} ====Israel==== A class-based affirmative action policy was incorporated into the admission practices of the four most selective universities in [[Israel]] during the early to mid-2000s. In evaluating the eligibility of applicants, neither their financial status nor their national or ethnic origins are considered. The emphasis, rather, is on structural disadvantages, especially neighborhood socioeconomic status and high school rigor, although several individual hardships are also weighed. This policy made the four institutions, especially the echelons at the most selective departments, more diverse than they otherwise would have been. The rise in geographic, economic and demographic diversity of a student population suggests that the plan's focus on structural determinants of disadvantage yields broad diversity dividends.<ref>{{cite journal |author=Alon, Sigal |year=2011 |title=The Diversity Dividends of a Need-blind and Color-blind Affirmative Action Policy |pages=1494–1505 |journal= Social Science Research |volume=40 |issue=6 |doi=10.1016/j.ssresearch.2011.05.005 }}</ref> Israeli citizens who are women, Arabs, Blacks or people with disabilities are supported by affirmative action in the civil service employment.<ref name="moital.gov.il">{{cite web|url=http://www.moital.gov.il/NR/exeres/8C492E47-135C-4B82-84D7-C62254B8BFEF.htm|archive-url=https://web.archive.org/web/20130201010211/http://www.moital.gov.il/NR/exeres/8C492E47-135C-4B82-84D7-C62254B8BFEF.htm|url-status=dead|archive-date=1 February 2013|title=משרד הכלכלה והתעשייה|website=משרד הכלכלה והתעשייה|access-date=22 October 2017}}</ref> Also Israeli citizens who are Arabs, Blacks or people with disabilities are entitled to full university scholarships by the state.<ref name="che.org.il">http://che.org.il/wp-content/uploads/2013/10/%D7%94%D7%97%D7%9C%D7%98%D7%AA-%D7%95%D7%AA%D7%AA-%D7%9E%D7%A1-1-%D7%AA%D7%A9%D7%A2%D7%93.pdf {{Bare URL PDF|date=March 2022}}</ref> In her study of gender politics in Israel, Dafna Izraeli showed that the paradox of affirmative action for women directors is that the legitimation for legislating their inclusion on boards also resulted in the exclusion of women's interested as a legitimate issue on the boards' agendas. "The new culture of the men's club is seductive token women are under the pressure to become "social males" and prove that their competence as directors, meaning that they are not significantly different from men. In the negotiation for status as worthy peers, emphasizing gender signals that a woman is an "imposter", someone who does not rightfully belong in the position she is claiming to fill." And once affirmative action for women is fulfilled, and then affirmative action shares the element, as Izraeli put it, the "group equality discourse," making it easier for other groups to claim for a fairer distribution of resources. This suggests that affirmative action can have applications for different groups in Israel.<ref>{{cite journal |first=Dafna |last=Izraeli |title=Gender Politics in Israel: The Case of Affirmative Action for Women Directors |journal=Women's Studies International Forum |volume=26 |issue=2 |pages=109–128 |date=March–April 2003 |doi=10.1016/S0277-5395(03)00043-8 }}</ref> ====India==== {{Main|Reservation in India}} Reservation in India is a form of affirmative action designed to improve the well-being of [[Scheduled Castes and Scheduled Tribes]] (SC/ST), and [[Other Backward Class]]es (OBC), defined primarily by their caste. Members of these categories comprise about two-thirds of the population of India.<ref>{{cite web |url=http://www.censusindia.gov.in/2011census/hlo/pca/pca_pdf/PCA-CRC-0000.pdf |title=2011 Census Primary Census Abstract |work=Censusindia.gov.in|access-date=1 October 2017}}</ref><ref name="TOI2007">{{cite news|url=https://timesofindia.indiatimes.com/india/OBCs-form-41-of-population-Survey/articleshow/2328117.cms|title=OBCs form 41% of population: Survey|access-date=21 November 2020|work=[[Times of India]]|publisher=[[Bennett, Coleman & Company]]|date=1 September 2007|url-status=live|archive-date=17 April 2014|archive-url=https://web.archive.org/web/20200417023834/https://timesofindia.indiatimes.com/india/OBCs-form-41-of-population-Survey/articleshow/2328117.cms}}</ref> According to the [[Constitution of India]], up to 50% of all government-run higher education admissions and government job vacancies may be reserved for members of the SC/ST/OBC-NCL categories, and 10% for those in [[Economically Weaker Section]]s (EWS), with the remaining unreserved.<ref>{{Cite web|url=https://www.deccanherald.com/national/cabinet-approves-10-pc-711767.html|title=Govt OKs 10% job quota for economically weaker sections|date=7 January 2019|website=Deccan Herald|language=en|access-date=7 January 2019}}</ref><ref>{{Cite news|url=https://economictimes.indiatimes.com/news/politics-and-nation/big-move-by-modi-government-ahead-of-polls-announces-10-quota-for-upper-castes-reports/articleshow/67418661.cms|title=Modi govt announces 10 per cent quota for economically backward in general category|date=7 January 2019|work=The Economic Times|access-date=7 January 2019}}</ref> In 2014, the [[Ministry of Statistics and Programme Implementation|Indian National Sample Survey]] found that 12% of surveyed Indian households had received academic scholarships, with 94% being on account of SC/ST/OBC membership, 2% based on financial weakness and 0.7% based on merit.<ref>{{Cite news|url=http://www.rediff.com/news/report/rediff-labs-can-you-guess-how-many-indians-get-merit-based-scholarships/20140901.htm|title=Guess how many Indians get merit-based scholarships|work=Rediff|access-date=3 January 2018}}</ref> ==== Indonesia ==== Indonesia has offered affirmative action for [[Indigenous people of New Guinea|native Papuans]] in education, government civil worker selection, and police & army selection.<ref>{{Cite web|title=777 Putra Asli Papua Lolos Program Beasiswa ADIK dan ADEM|url=https://kumparan.com/bumi-papua/777-putra-asli-papua-lolos-program-beasiswa-adik-dan-adem-1rUFs1b6OUB|access-date=2020-08-06|website=kumparan|language=id-ID}}</ref><ref>{{Cite web|title=Afirmasi Pendidikan Tinggi – Kementerian Pendidikan dan Kebudayaan Republik Indonesia|url=https://adik.kemdikbud.go.id/|access-date=2020-08-06|language=en-US}}</ref><ref>{{Cite web|title=Seleksi CPNS KKP 2019–2020: Ada Kekhususan Bagi Orang Papua|url=https://tirto.id/seleksi-cpns-kkp-2019-2020-ada-kekhususan-bagi-orang-papua-ewR4|access-date=2020-08-06|website=tirto.id|language=id}}</ref><ref>{{Cite web|last=antaranews.com|date=2020-02-25|title=OAP calon siswa Bintara Noken di Papua capai 2.407 orang|url=https://www.antaranews.com/berita/1319146/oap-calon-siswa-bintara-noken-di-papua-capai-2407-orang|access-date=2020-08-06|website=Antara News}}</ref><ref>{{Cite web|last=Redaksi|title=Gercin Minta Kapolri Akomodir OAP Masuk Akpol {{!}} Papua Today|url=https://www.papuatoday.com/2019/03/22/gercin-minta-kapolri-akomodir-oap-masuk-akpol/|access-date=2020-08-06|language=id-ID}}</ref> After the [[2019 Papua protests]], many Papuan students chose to abandon their scholarship and return to their respective provinces.<ref>{{Cite web|last=developer|first=medcom id|date=2019-10-03|title=Siswa SMA Penerima Beasiswa Memilih Pulang ke Papua|url=https://www.medcom.id/pendidikan/news-pendidikan/eN4Rz4ok-siswa-sma-penerima-beasiswa-memilih-pulang-ke-papua|access-date=2020-08-06|website=medcom.id|language=id}}</ref> The program has been subject to criticism, with complaints made towards a lack of sufficient quotas and alleged corruption. [[Prabowo Subianto]], Indonesian [[Ministry of Defense (Indonesia)|defense minister]], has expressed that he will direct more effort towards recruiting Papuans to the [[Indonesian National Armed Forces]].<ref>{{Cite web|last=Antara|title=Prabowo Disebut Bakal Perbanyak Prajurit TNI Asal Papua|url=https://www.cnnindonesia.com/nasional/20191212091931-32-456266/prabowo-disebut-bakal-perbanyak-prajurit-tni-asal-papua|access-date=2020-08-06|website=nasional|language=id-ID}}</ref> Education scholarship by [[Ministry of Education and Culture (Indonesia)|Ministry of Education and Culture]], called ADik to the native Papuans and students from perhipery regions close to Indonesian border.<ref>{{Cite web|last=INDBeasiswa|title=Beasiswa ADik untuk Pelajar Papua dan 3T • INDBeasiswa|date=10 May 2019 |url=https://indbeasiswa.com/2019/05/beasiswa-adik-untuk-pelajar-papua-daerah-3t.html|access-date=2021-02-24|language=en-US}}</ref><ref>{{Cite web|title=Mengenal ADik, Beasiswa Kuliah S1 dari Pemerintah RI untuk Generasi Papua dan Daerah 3T|url=https://www.urbanasia.com/mengenal-adik-beasiswa-kuliah-s1-dari-pemerintah-ri-untuk-generasi-papua-dan-daerah-3t-U6573|access-date=2021-02-24|website=www.urbanasia.com|language=id}}</ref> ==== Malaysia ==== {{Main|Ketuanan Melayu}} The [[Malaysian New Economic Policy]] or NEP is a form of ethnicity-based affirmative action. Malaysia provides affirmative action to those that are deemed "Bumiputera", which includes the Malay population, [[Orang Asli]], and the indigenous people of Sabah and Sarawak, who together form a majority of the population. However, the indigenous people of Malaysia (Orang Asli) do not have the same special rights of the rest of the Bumiputera as granted under Article 153, as the Orang Asli are not referenced within the article 153 itself. <ref>{{Cite book|last1=Mason|first1=Richard|title=The 'Bumiputera Policy': Dynamics and Dilemmas|last2=Omar|first2=Ariffin|publisher=[[Universiti Sains Malaysia]]|year=2004|isbn=|location=Malaysia}}</ref> The historical/common argument is that the Malays have lower incomes than the Chinese and Indians, who have traditionally been involved in businesses and industries, who were also general migrant workers.<ref>{{cite web|last=Ravallion1|first=Martin|title=Ethnic Inequality and Poverty in Malaysia|url=http://www.ecineq.org/ecineq_paris19/papers_EcineqPSE/paper_406.pdf|publisher=[[Georgetown University]], [[University of Malaya]]}}</ref><ref>{{cite web|url=http://www.nationsencyclopedia.com/economies/Asia-and-the-Pacific/Malaysia-POVERTY-AND-WEALTH.html |title=Encyclopedia of the Nations, "Malaysia Poverty and Wealth" |publisher=Nationsencyclopedia.com |access-date=11 April 2012}}</ref> Malaysia is a multi-ethnic country, with [[Malay (ethnic group)|Malays]] making up the majority of close to 52% of the population. About 23% of the population is [[Chinese Malaysian|of Chinese descent]], while [[Indian Malaysian|those of Indian descent]] comprise about 7% of the population. The [[Malaysian New Economic Policy]] (NEP) has been dubbed a failure as of recent years, as evidence has pointed to the ever-growing wealth disparity among Malays, that have widened the gap between the rich and poor Malays, while the [[Malaysian New Economic Policy]] has been shown to benefit the existing rich Malays instead of achieving its intention of helping poor Malays. <ref>{{Cite web|url=https://www.malaysiakini.com/news/492357|title=The real issue is intra-Malay economic inequality|first=Nik Nazmi Nik|last=Ahmad|date=18 September 2019|website=Malaysiakini}}</ref> (''See also [[Bumiputra]]'') The mean income for Malays, Chinese and Indians in 1957/58 were 134, 288 and 228 respectively. In 1967/68 it was 154, 329 and 245, and in 1970 it was 170, 390 and 300. Mean income disparity ratio for Chinese/Malays rose from 2.1 in 1957/58 to 2.3 in 1970, whereas for Indians/Malays the disparity ratio also rose from 1.7 to 1.8 in the same period.<ref>{{cite journal |last=Perumal |first=M. |year=1989 |title=Economic Growth and Income Inequality in Malaysia, 1957–1984 |journal=Singapore Economic Review |volume=34 |issue=2 |pages=33–46 }}</ref> ==== Sri Lanka ==== In 1981 the [[Policy of standardisation|Standardization policy]] of [[Sri Lanka]]n universities was introduced as an affirmative action program for students from areas which had lower rates of education than other areas due to missionary activity in the north and east, which essentially were the Tamil areas. Successive governments cultivated a historical myth after the colonial powers had left that the British had practised communal favouritism towards Christians and the minority [[Tamil people|Tamil community]] for the entire 200 years they had controlled [[Sri Lanka]]. However, the Sinhalese in fact benefitted from trade and plantation cultivations over the rest of the other groups and their language and culture as well as the religion of Buddhism was fostered and made into mediums for schools over the Tamil language, which did not have the same treatment and Tamils learned English instead as there was no medium for Tamil until near independence. Tamils' knowledge of English and education came from the very American missionary activity by overseas Christians that the British were concerned will anger the Sinhalese and destroy their trading relationships, so they sent them to the Tamil areas instead to teach, thinking it would have no consequences and due to their small numbers. The British sending the missionaries to the north and east was for the protection of the Sinhalese and in fact, showed favouritism to the majority group instead of the minorities to maintain trading relationships and benefits from them. The Tamils, out of this random benefit from learning English and basic education excelled and flourished and were able to take many civil service jobs to the chagrin of the Sinhalese. The myth of Divide and Rule is untrue. The 'policy of standardisation' was typical of affirmative action policies, in that it required drastically lower standards for Sinhalese students than for the more academic Tamils who had to get about ten more marks to enter into universities. The policy in fact is an example of discrimination against the Tamil ethnic group.<ref>{{cite web|url=http://sangam.org/british-divide-rule-ceylon/ |title=Did the British Divide & Rule Ceylon? | Ilankai Tamil Sangam |publisher=Sangam.org |access-date=1 September 2013}}</ref> ====Taiwan==== A 2004 legislation requires that, for a firm with 100 employees or more wishing to compete for government contracts, at least 1 percent of its employees must be [[Taiwanese aborigines]].<ref>{{cite web|url=http://minorityrights.org/minorities/indigenous-peoples-7/|title=Taiwan: Indigenous peoples |website = Minority Rights Group International|date=19 June 2015 }}</ref> Ministry of Education and [[Council of Indigenous Peoples|Council of Aboriginal Affairs]] announced in 2002 that Taiwanese Aboriginal students would have their high-school or undergraduate entrance exams boosted by 33% for demonstrating some knowledge of their tribal language and culture.<ref name="HolsingerJacob2009">{{cite book|author1=Donald B. Holsinger|author2=W. James Jacob |title=Inequality in Education: Comparative and International Perspectives|url= https://books.google.com/books?id=-lIGaO2-aq4C&pg=PA295 |date=29 May 2009|publisher=Springer Science & Business Media|isbn=978-90-481-2652-1|page=295}}</ref> The percentage of boost have been revised several times, and the latest percentage is 35% in 2013.<ref>{{Cite web | url= http://law.moj.gov.tw/LawClass/LawOldVer.aspx?Pcode=H0020031&LNNDATE=20130819&LSER=001 | title=原住民學生升學保障及原住民公費留學辦法(民國 102 年08月19 日 )|trans-title=Aboriginal Students Enrollment Guarantee and Public Funding for Aboriginal Study Abroad Act | publisher=[[Ministry of Justice (Taiwan)]] | language=zh}}</ref> ===Europe=== ==== Denmark ==== Greenlanders have special advantages when applying for university, college or vocation university degrees in Denmark. With these specific rules, Greenlanders can get into degrees without the required grade averages by fulfilling certain criteria. They need to have a grade average of over 6,0 and have lived a certain number of years in Greenland. These rules have been in force since 1 January 2014.<ref>{{Cite web|last=lok|title=Optagelse af grønlandske ansøgere — Uddannelses- og Forskningsministeriet|url=https://ufm.dk/uddannelse/videregaende-uddannelse/sogning-optag-og-vejledning/optagelse/optagelse-af-gronlandske-ansogere|access-date=2020-08-29|website=ufm.dk|language=da}}</ref> ==== Finland ==== In certain university education programs, including legal and medical education, there are quotas for persons who reach a certain standard of skills in the [[Swedish language]]; for students admitted in these quotas, the education is partially arranged in Swedish.<ref name="Helsinki med">{{cite web|title=Hakuopas 2011. Lääketieteen ja hammaslääketieteen opiskelijavalinnat |url=http://www.med.helsinki.fi/peruskoulutus/docs/opiskelijaksi/hakuopas_2011.pdf |publisher=Faculty of Medicine, University of Helsinki |access-date=4 June 2011 |language=fi |year=2011 |url-status=dead |archive-url=https://web.archive.org/web/20111002143806/http://www.med.helsinki.fi/peruskoulutus/docs/opiskelijaksi/hakuopas_2011.pdf |archive-date=2 October 2011 }}</ref><ref name="Helsinki law">{{cite web|title=Oikeustieteellinen tiedekunta. Hakuopas 2011|url=http://www.helsinki.fi/oikeustiede/opiskelijaksi/valintakokeet/2011/hakuopas_2011.pdf|publisher=Faculty of Law, University of Helsinki|access-date=4 June 2011|page=3|language=fi|year=2011}}</ref> The purpose of the quotas is to guarantee that a sufficient number of professionals with skills in Swedish are educated for nationwide needs.<ref name="Helsinki med" /> The quota system has met with criticism from the Finnish speaking majority, some of whom consider the system unfair. In addition to these linguistic quotas, women may get preferential treatment in recruitment for certain public sector jobs if there is a gender imbalance in the field. ==== France ==== No distinctions based on race, religion or sex are allowed under the 1958 [[French Constitution]].<ref>{{cite web|author=Jonathan D. Mott, PhD |url=http://thisnation.com/library/france.html |title=The French Constitution of 1958 and its Amendments |publisher=Thisnation.com |date=7 February 1992 |access-date=28 April 2014}}</ref> Since the 1980s, a French version of affirmative action based on neighborhood is in place for primary and secondary education. Some schools, in neighborhoods labeled "Priority Education Zones", are granted more funds than the others. Students from these schools also benefit from special policies in certain institutions (such as [[Sciences Po]]).<ref>{{Cite journal | doi=10.3989/chdj.2015.016|title = Esencia colonial de una política contemporánea: Por un enfoque fanoniano de la discriminación positiva en Francia| journal=Culture & History Digital Journal| volume=4| issue=2| pages=e016|year = 2015|last1 = Ghorbal|first1 = Karim| doi-access=free}}</ref> The French Ministry of Defence tried in 1990 to make it easier for young French soldiers of North-African descent to be promoted in rank and obtain driving licenses. After a strong protest by a young French lieutenant<ref>Jean-Pierre Steinhofer, "Beur ou ordinaire", ''Armée d'ajourd'hui'', 1991.</ref> in the Ministry of Defence newspaper (''Armées d'aujourd'hui''), the driving license and rank plan was cancelled. After the Sarkozy election, a new attempt in favour of Arab-French students was made, but Sarkozy did not gain enough political support to change the French constitution. However, some French schools do implement affirmative action in that they are obligated to take a certain number of students from impoverished families.<ref>{{cite news|url=http://www.lemonde.fr/politique/article/2008/12/17/le-plan-sarkozy-pour-favoriser-l-egalite-reelle-des-chances_1132074_823448.html#ens_id=1128487° |title=Le Plan Sarkozy |work=Le Monde |date=17 December 2008 |access-date=11 April 2012|last1=Eeckhout |first1=Laetitia Van }}</ref> Additionally, following the Norwegian example, after 27 January 2014, women must represent at least 20% of board members in all stock exchange listed or state-owned companies. After 27 January 2017, the proportion will increase to 40%. All appointments of males as directors will be invalid as long as the quota is not met, and monetary penalties may apply for other directors.<ref>{{cite web|url=http://www.vie-publique.fr/actualite/panorama/texte-discussion/proposition-loi-relative-representation-equilibree-femmes-hommes-au-sein-conseils-administration-surveillance-egalite-professionnelle.html |title=Vie Publique |publisher=Vie-publique.fr |date=25 June 2002 |access-date=11 April 2012}}</ref> ==== Germany ==== Article 3 of the [[Basic Law for the Federal Republic of Germany|German Basic Law]] provides for equal rights of all people regardless of sex, race or social background. There are programs stating that if men and women have equal qualifications, women have to be preferred for a job; moreover, the disabled should be preferred to non-disabled people. This is typical for all positions in state and university service {{as of|2007|lc=y}}, typically using the phrase "We try to increase diversity in this line of work". In recent years, there has been a long public debate about whether to issue programs that would grant women a privileged access to jobs in order to fight discrimination. Germany's ''[[The Left (Germany)|Left Party]]'' brought up the discussion about affirmative action in [[Education in Germany|Germany's school system]]. According to [[Stefan Zillich]], quotas should be "a possibility" to help working class children who did not do well in school gain access to a ''[[Gymnasium (Germany)|Gymnasium]]'' (University-preparatory school).<ref>Susanne Vieth-Entus (29. December 2008): "Sozialquote: Berliner Gymnasien sollen mehr Schüler aus armen Familien aufnehmen". Der Tagesspiegel</ref> Headmasters of ''Gymnasien'' have objected, saying that this type of policy would "be a disservice" to poor children.<ref>Martin Klesmann (23 February 2009). "'Kinder aus Neukölln würden sich nicht integrieren lassen' – Ein Politiker und ein Schulleiter streiten über Sozialquoten an Gymnasien". Berliner Zeitung</ref> ==== Norway ==== In all [[Allmennaksjeselskap|public stock companies (ASA)]] boards, either gender should be represented by at least 40%.<ref>{{cite web|url=http://www.lovdata.no/all/tl-19970613-045-032.html#6-3 |title=LOV-1997-06-13-45 Lov om allmennaksjeselskaper (allmennaksjeloven) |publisher=Lovdata.no |access-date=29 July 2010}}</ref> This affects roughly 400 companies of over 300,000 in total.<ref>{{cite web|url=http://www.nettavisen.no/nyheter/27-000-flere-bedrifter-i-norge/1874337.html |title=27.000 flere bedrifter i Norge |date=27 May 2004 |publisher=nettavisen.no |access-date=31 May 2015}}</ref> Seierstad & Opsahl in their study of the effects of affirmative action on presence, prominence, and social capital of women directors in Norway found that there are few boards chaired by a woman, from the beginning of the implementation of the affirmative action policy period to August 2009, the proportion of boards led by a woman has increased from 3.4% to 4.3%. This suggests that the law has had a marginal effect on the sex of the chair and the boards remain internally segregated. Although at the beginning of our observation period, only 7 of 91 prominent directors were women. The gender balance among prominent directors has changed considerably throughout the period, and at the end of the period, 107 women and 117 men were prominent directors. By applying more restrictive definitions of prominence, the proportion of directors who are women generally increases. If only considering directors with at least three directorships, 61.4% of them are women. When considering directors with seven or more directorships, all of them are women. Thus, affirmative action increases the female population in the director position.<ref>{{cite journal |last1=Seierstad |first1=Cathrine |last2=Opsahl |first2=Tore |title=For the few not the many? The effects of affirmative action on presence, prominence, and social capital of women directors in Norway |journal=Scandinavian Journal of Management |date=March 2011 |volume=27 |issue=1 |pages=44–54 |doi=10.1016/j.scaman.2010.10.002 }}</ref> A 2016 study found no effect of the ASA representation requirement on either valuation or profits of the affected companies, and also no correlation between the requirement and the restructuring of companies away from ASA.<ref>{{cite web|url=https://e24.no/makro-og-politikk/norges-handelshoeyskole/studie-kjoennskvotering-ingen-effekt-paa-loennsomhet/23783217 |title=Studie: Kjønnskvotering ingen effekt på lønnsomhet |publisher=e24.no |access-date=5 June 2018}}</ref><ref>{{cite journal|last1=Eckbo|first1=Espen|last2=Nygaard|first2=Knut|last3=Thorburn|first3=Karin|title=How Costly Is Forced Gender-Balancing of Corporate Boards?|journal=European Corporate Governance Institute (ECGI) – Finance Working Paper No. 463/2016; Tuck School of Business Working Paper No. 2746786|date=26 December 2016|doi=10.2139/ssrn.2746786|s2cid=211708386}}</ref> ==== Romania ==== [[Romani people]] are allocated quotas for access to public schools and state universities.<ref>{{cite web|url=http://www.mmuncii.ro/old/ro/domenii-politici-familiale-incluziune-si-asistenta-sociala-romii---progrese-inregistrate-in-romania-in-perioada-2007---2008-540-view.html |title=Romii – PROGRESE ÎNREGISTRATE ÎN ROMÂNIA ÎN PERIOADA 2007–2008 |access-date=30 January 2013 }}{{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> ==== Russia ==== Quota systems existed in the [[USSR]] for various social groups including [[ethnic minorities]] (as compensation of their "[[cultural backwardness]]"), women and factory workers. Soon after the 1918 revolution, [[Inessa Armand]], [[Lenin]]'s secretary and lover, was instrumental in creating [[Zhenotdel]], which functioned until the 1930s as part of the international egalitarian and affirmative action movements.<ref>{{cite journal |last1=Stites |first1=Richard |title=Zhenotdel: Bolshevism and Russian Women, 1917–1930 |journal=Russian History |date=1976 |volume=3 |issue=1 |pages=174–193 |doi=10.1163/187633176X00107 |jstor=24649711 |quote=These egalitarian and affirmative action movements—in other words, early "communism"—receive short shrift in most Western studies... }}</ref><ref>{{cite thesis |last1=Patterson |first1=Michelle Jane |title=Red 'Teaspoons of Charity': Zhenotdel, Russian Women, and the Communist Party, 1919–1930 |date=29 February 2012 |hdl=1807/32159 }}</ref><ref>{{cite book |doi=10.1057/9780230501799_11 |chapter=Socialism in One Gender: Masculine Values in the Stalin Revolution |title=Russian Masculinities in History and Culture |year=2002 |last1=Schrand |first1=Thomas G. |pages=194–209 |isbn=978-1-349-42592-1 }}</ref> Quotas for access to university education, offices in the Soviet system and the Communist Party existed: for example, the position of First Secretary of a Soviet Republic's (or Autonomous Republic's) Party Committee was always filled by a representative of this republic's "[[titular ethnicity]]". Modern Russia retains this system partially. Quotas are abolished, but preferences for some ethnic minorities and inhabitants of certain territories remain.<ref>{{cite web|url=http://sakhapress.ru/archives/207211|title=Представители коренных малочисленных народов Севера имеют право получить бесплатную юридическую помощь|date=18 February 2016}}</ref> ==== Serbia ==== The Constitution of the Republic of Serbia from 2006 established the principles of equality and the prohibition of discrimination on any grounds. It also promotes affirmative action "special measures" for certain marginalized groups, such as national minorities.<ref>[https://advokatiubeogradu.rs/legislation/constitution-of-the-republic-of-serbia.pdf Constitution of The Republic of Serbia] (Constitution of The Republic of Serbia), 2006.</ref> In Serbia the Roma national minority is enabled to enroll in public schools under more favorable conditions.<ref>[http://www.upis.mpn.gov.rs/Cir/Pravilnici Pravilnik ministarstva prosvete o upisu u srednje škole] {{Webarchive|url=https://web.archive.org/web/20200806034147/http://www.upis.mpn.gov.rs/Cir/Pravilnici |date=6 August 2020 }} (Regulation of the Ministry of Education on enrollment in secondary schools), 2021.</ref> ==== Slovakia ==== The [[Constitutional Court of Slovakia|Constitutional Court]] declared in October 2005 that affirmative action i.e. "providing advantages for people of an ethnic or racial minority group" as being against its [[Constitution of Slovakia|Constitution]].<ref>{{cite web|last=Goldirova |first=Renata |url=http://euobserver.com/9/20123 |title=Slovakia bans positive discrimination |publisher=Euobserver.com |access-date=11 April 2012}}</ref> ==== United Kingdom ==== The [[Equality Act 2010]] established the principles of equality and their implementation in the UK.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2010/15 |title=Equality Act 2010 |publisher=Legislation.gov.uk |access-date=11 April 2012}}</ref> In the UK, any discrimination, quotas or favouritism due to sex, race and ethnicity among other "protected characteristics" is illegal by default in education, employment, during commercial transactions, in a private club or association, and while using public services,<ref name="cre"/><ref name=govuk/><ref name="personneltoday.com"/> although exceptions exist, to wit: "Section 159 of the Equality Act 2010 allows an employer to treat an applicant or employee with a protected characteristic (eg race, sex or age) more favourably in connection with recruitment or promotion than someone without that characteristic who is as qualified for the role. The employer must reasonably think that people with the protected characteristic suffer a disadvantage or are under-represented in that particular activity. Taking the [[positive action]] must be a proportionate means of enabling or encouraging people to overcome the disadvantage or to take part in the activity.")<ref name="xperthr.co.uk"/> Specific exemptions include: * Part of the [[Northern Ireland Peace Process]], the [[Good Friday Agreement]] and the resulting [[Patten report]] required the [[Police Service of Northern Ireland]] to recruit 50% of numbers from the [[Catholic Church|Catholic]] community and 50% from the [[Protestantism|Protestant]] and [[Ethnic minorities in Northern Ireland|other communities]], in order to reduce any possible bias towards Protestants. This was later referred to as the '50:50' measure.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/northern_ireland/1540861.stm |title= Police recruitment 'will be 50:50' |work=BBC News |date=12 September 2001 }}</ref> (See also [[Independent Commission on Policing for Northern Ireland]].) * The [[Sex Discrimination (Election Candidates) Act 2002]] allowed the use of [[all-women shortlists]] to select more women as election candidates.<ref>{{Cite book|url=http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-05057.pdf|title=All-women shortlists|publisher=House of Commons Library|id=SN/PC/05057|date=29 April 2009|author=Richard Kelly and Isobel White|access-date=23 June 2009}}</ref> In 2019, an [[employment tribunal]] ruled that, while attempting to create a diverse force, the Cheshire Police had discriminated against a "well prepared" white heterosexual male. The ruling stated that "while positive action can be used to boost diversity, it should only be applied to distinguish between candidates who were all equally well qualified for a role".<ref>{{Cite news | url=http://www.bbc.co.uk/news/uk-england-merseyside-47335859 |title = Force discriminated against white male|work = BBC News|date = 22 February 2019}}</ref> === North America === ==== Canada ==== {{Further|Employment equity (Canada)|Federal Contractors' Program}} The equality section of the [[Canadian Charter of Rights and Freedoms]] explicitly permits affirmative action type legislation, although the Charter does not ''require'' legislation that gives preferential treatment. Subsection 2 of [[Section Fifteen of the Canadian Charter of Rights and Freedoms|Section 15]] states that the equality provisions do "not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability". The Canadian ''[[Employment Equity Act]]'' requires employers in federally-regulated industries to give preferential treatment to four designated groups: Women, persons with disabilities, aboriginal peoples, and [[visible minorities]]. Less than one-third of Canadian Universities offer alternative admission requirements for students of aboriginal descent. Some provinces and territories also have affirmative action-type policies. For example, in the [[Northwest Territories]] in the Canadian north, aboriginal people are given preference for jobs and education and are considered to have P1 status. Non-aboriginal people who were born in the NWT or have resided half of their life there are considered a P2, as well as women and people with disabilities.<ref>{{cite web|url=http://www.hr.gov.nt.ca/employment/affirmativeaction/ |archive-url=https://archive.today/20120803122042/http://www.hr.gov.nt.ca/employment/affirmativeaction/ |url-status=dead |archive-date=3 August 2012 |title=GNWT – Human Resources – Affirmative Action |publisher=Hr.gov.nt.ca |date=3 April 2012 |access-date=11 April 2012}}</ref> ====United States==== {{Main|Affirmative action in the United States}} The policy of affirmative action dates to the [[Reconstruction Era]] in the United States, 1863–1877.<ref>Melvin I. Urofsky, ''The Affirmative Action Puzzle: A Living History From Reconstruction to Today'' (2020).</ref> Current policy was introduced in the early 1960s in the United States, as a way to combat [[racial discrimination]] in the hiring process, with the concept later expanded to address gender discrimination.<ref name="clinton2.nara.gov" /> Affirmative action was first created from [[Executive Order 10925]], which was signed by President [[John F. Kennedy]] on 6 March 1961 and required that government employers "not discriminate against any employee or applicant for employment because of race, creed, color, or national origin" and "take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, or national origin".<ref>{{cite web|url=http://shfg.org/shfg/wp-content/uploads/2011/01/4-MacLaury-design4-new_Layout-1.pdf|title=President Kennedy's E.O.10925: Seedbed of Affirmative Action|publisher=Society for History in the Federal Government|access-date=27 September 2015|archive-date=4 March 2016|archive-url=https://web.archive.org/web/20160304083942/http://shfg.org/shfg/wp-content/uploads/2011/01/4-MacLaury-design4-new_Layout-1.pdf|url-status=dead}}</ref><ref>{{cite web | publisher = U.S. Equal Employment Opportunity Commission | title = Executive Order 10925 – Establishing The President's Committee on Equal Employment Opportunity | url = http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-10925.html | access-date = 5 February 2010 | archive-url = https://web.archive.org/web/20100527213307/http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-10925.html | archive-date = 27 May 2010 | url-status = dead }}</ref> On 24 September 1965, President [[Lyndon B. Johnson]] signed [[Executive Order 11246]], thereby replacing [[Executive Order 10925]] and affirming Federal Government's commitment "to promote the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency".<ref name="The Federal Register"/> Affirmative action was extended to women by [[Executive Order 11375]] which amended Executive Order 11246 on 13 October 1967, by adding "sex" to the list of protected categories. In the U.S. affirmative action's original purpose was to pressure institutions into compliance with the nondiscrimination mandate of the [[Civil Rights Act of 1964]].<ref name="Affirmative Action"/><ref>{{cite web|url=https://lcrm.lib.unc.edu/blog/index.php/2012/09/24/executive-order-11246-and-affirmative-action/|title=Executive Order 11246 and Affirmative Action « Publishing the Long Civil Rights Movement|url-status=dead|archive-url=https://web.archive.org/web/20141019155311/https://lcrm.lib.unc.edu/blog/index.php/2012/09/24/executive-order-11246-and-affirmative-action/|archive-date=19 October 2014}}</ref> The Civil Rights Acts do not cover discrimination based on veteran status, disabilities, or age that is 40 years and older. These groups may be protected from discrimination under different laws.<ref name="EmployeeIssues.com">{{cite web|url=http://employeeissues.com/discrimination_laws.htm|title=Federal Employment Discrimination Laws|publisher=EmployeeIssues.com|access-date=18 May 2010}}</ref> Affirmative action has been the subject of numerous court cases,<ref name="indystar.com">[http://www.indystar.com/apps/pbcs.dll/article?AID=/20080205/LOCAL/80205048 Indy fire-fighters sue city, charge bias; also see] [[Norma M. Riccucci]]. Managing Diversity in Public Sector Workforces. Boulder, CO: Westview Press, 2002</ref> and has been questioned upon its [[United States Constitution|constitutional]] legitimacy. In 2003, a Supreme Court decision regarding affirmative action in higher education (''[[Grutter v. Bollinger]]'', 539 US 244 – Supreme Court 2003) permitted educational institutions to consider race as a factor when admitting students.<ref name="Supct.law.cornell.edu"/> Alternatively, some colleges use financial criteria to attract racial groups that have typically been under-represented and typically have lower living conditions. Some states such as California ([[California Civil Rights Initiative]]), Michigan ([[Michigan Civil Rights Initiative]]), and Washington ([[Initiative 200]]) have passed constitutional amendments banning public institutions, including public schools, from practicing affirmative action within their respective states. In 2014, the U.S. Supreme Court held that "States may choose to prohibit the consideration of racial preferences in governmental decisions". By that time eight states, Oklahoma, New Hampshire, Arizona, Colorado, Nebraska, Michigan, Florida, Washington and California, had already banned affirmative action.<ref name=pew>{{cite web |last1=DeSilver |first1=Drew |title=Supreme Court says states can ban affirmative action; 8 already have |url=https://www.pewresearch.org/fact-tank/2014/04/22/supreme-court-says-states-can-ban-affirmative-action-8-already-have/ |website=Pew Research Center |publisher=The Pew Charitable Trusts |access-date=24 October 2021 |date=22 April 2014}}</ref> Conservative activists have alleged that colleges quietly use illegal quotas to discriminate against people of Asian, Jewish, and Caucasian backgrounds and have launched numerous lawsuits to stop them.<ref>{{cite book|author=Steven M. Teles|title=The Rise of the Conservative Legal Movement: The Battle for Control of the Law|url=https://books.google.com/books?id=MTps-NK20jAC&pg=PA235|year=2010|publisher=Princeton University Press|pages=235–37|isbn=978-1400829699}}</ref> === Oceania === ==== New Zealand ==== {{expand section|Role of the [[Treaty of Waitangi]]|date=August 2021}} Individuals of [[Māori people|Maori]] or other [[Polynesia]]n descent are often afforded improved access to university courses, or have scholarships earmarked specifically for them. Such access to University courses have in the past faced criticism, particularly at the University of Auckland due to a phenomenon known as Mismatch theory, accusations of setting the kids up to fail have been made due to a lack of transparency as to the preferred groups graduation rates and the university informing the students of such historical statistics dating back to the 1970s.<ref>Sowell, T. (1990). Preferential policies: An international perspective. William Morrow and Company.</ref><ref name=cre>{{cite web|title=Affirmative action around the world|url=http://www.catalystmagazine.org/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm|work=Catalyst|publisher=Commission for Racial Equality|author=Commission for Racial Equality|author-link=Commission for Racial Equality|archive-url=https://web.archive.org/web/20070125034907/http://www.catalystmagazine.org/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm|archive-date=25 January 2007|date=29 September 2006}} [http://www.juliushonnor.com/catalyst/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm Alt URL] {{Webarchive|url=https://web.archive.org/web/20161014071745/http://www.juliushonnor.com/catalyst/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm |date=14 October 2016 }}</ref> Affirmative action is provided for under section 73 of the [[Human Rights Act 1993]]<ref>{{cite web|url=http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304672.html |title=Human Rights Act 1993 No 82 (as of 1 July 2013), Public Act 73 Measures to ensure equality – New Zealand Legislation |publisher=Legislation.govt.nz |date=1 July 2013 |access-date=1 September 2013}}</ref> and section 19(2) of the New Zealand [[Bill of Rights Act 1990]].<ref>{{cite web|url=http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM225519.html |title=New Zealand Bill of Rights Act 1990 No 109 (as of 1 July 2013), Public Act 19 Freedom from discrimination – New Zealand Legislation |publisher=Legislation.govt.nz |date=1 July 2013 |access-date=1 September 2013}}</ref> === South America === ====Brazil==== {{Further|Vestibular exam#Racial quotas}} Some Brazilian universities (state and federal) have created systems of preferred admissions (quotas) for racial minorities (blacks and Amerindians), the poor and people with disabilities. There are also quotas of up to 20% of vacancies reserved for people with disabilities in the civil public services.<ref>{{cite web|last =Plummer|first= Robert|url = http://news.bbc.co.uk/2/hi/americas/5357842.stm |title = Black Brazil Seeks a Better Future|work = BBC News|location = São Paulo|date= 25 September 2006}}</ref> The [[Democrats (Brazil)|Democrats]] party, accusing the board of directors of the [[University of Brasília]] for "resurrecting Nazist ideals", appealed to the [[Supreme Federal Court]] against the [[constitutionality]] of the quotas the university reserves for minorities.<ref>{{cite web|author=Por Rodrigo Haidar e Filipe Coutinho |url=http://www.conjur.com.br/2009-jul-20/dem-unb-ressuscitou-ideais-nazistas-suspensao-matriculas |title=DEM entra com ADPF contra cotas raciais |language=pt |publisher= Conjur.com.br |access-date=11 April 2012}}</ref> The Supreme Court unanimously approved their constitutionality on 26 April 2012.<ref>{{cite web | author= Débora Santos |url =http://g1.globo.com/vestibular-e-educacao/noticia/2012/04/stf-decide-por-unanimidade-pela-constitucionalidade-das-cotas-raciais.html | title=Supremo decide pro unanimidade pela constiucionalidade das cotas |language=pt| publisher=g1.globo.com | access-date=3 June 2012|date =26 April 2012 }}</ref>
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