Affirmative action refers to policies that take factors including "race, color, religion, sex or national origin"[1] into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination. The focus of such policies ranges from employment and education to public contracting and health programs. “Affirmative action” is action taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded.[2]

The term "affirmative action" originated in the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language, and first appeared in President John F. Kennedy John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963's Executive Order 10925. The term was used to refer to measures to achieve non-discrimination. In 1965, President Lyndon Johnson Lyndon Baines Johnson , often referred to as LBJ, served as the 36th President of the United States from 1963 to 1969 after his service as the 37th Vice President of the United States from 1961 to 1963. He served in all four federal elected offices of the United States: Representative, Senator, Vice President and President issued Executive Order 11246 Executive Order 11246, signed by President Lyndon B. Johnson on September 24, 1965 required Equal Employment Opportunity. The Order "prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis which required federal contractors to take "affirmative action" to hire without regard to race, religion and national origin. In 1968, gender was added to the anti-discrimination list.[3] Matching procedures in other countries are also known as reservation in India, positive discrimination in the United Kingdom and employment equity in Canada.

Contents

History

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The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (May 2010)

Purpose

Affirmative action is an attempt to promote equal opportunity Equal Opportunity, sometimes known as Equality of opportunity, is a term which has differing definitions and there is no consensus as to the precise meaning. In the classical sense, equality of opportunity is closely aligned with the concept of equality before the law, and ideas of meritocracy. It is often instituted in government and educational settings to ensure that minority groups within a society are included in all programs. The justification for affirmative action is to compensate for past discrimination CERD · CEDAW · CDE · ILO C111 · ILO C100 · ILO C169 · Protocol No. 12 ECHR, persecution Persecution is the systematic mistreatment of an individual or group by another group. The most common forms are religious persecution, ethnic persecution, and political persecution, though there is naturally some overlap between these terms or exploitation In political economy, economics, and sociology, exploitation involves a persistent social relationship in which certain persons are being mistreated or unfairly used for the benefit of others. This corresponds to one ethical conception of exploitation, that is, the treatment of human beings as mere means to an end—or as mere "objects" by the ruling class of a culture,[4] or to address existing discrimination.[2]

International policies

The International Convention on the Elimination of All Forms of Racial Discrimination The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. Controversially, the Convention also requires its stipulates (in Article 2.2) that affirmative action programs may be required of countries that have ratified the convention, in order to rectify systematic discrimination. It states, however, that such programs "shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved." The United Nations Human/animals Rights Committee states, "the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the general conditions of a certain part of the population prevent or impair their enjoyment of human rights, the State should take specific action to correct those conditions. Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population. However, as long as such action is needed to correct discrimination, in fact, it is a case of legitimate differentiation under the Covenant."[5]

National approaches

In some countries which have laws on racial equality, affirmative action is rendered illegal because it doesn't treat all races equally. This approach of equal treatment is sometimes described as being "color blind Color blindness is a sociological term referring to the disregard of racial characteristics when selecting which individuals will participate in some activity or receive some service", in hopes that it is effective against discrimination without engaging in reverse discrimination Crime of apartheid · CERD · CEDAW · CDE · ILO C111 · ILO C100 · ILO C169 · Protocol No. 12 ECHR.

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 described as "positive action."

Americas">

The Americas The Americas, or America, are lands in the Western hemisphere, also known as the New World, comprising the continents of North America and South America with their associated islands and regions. America may be ambiguous in English, as it is more commonly used to refer to the United States of America. The Americas cover 8.3% of the Earth's total

Main article: Affirmative action in the United States Crime of apartheid · CERD · CEDAW · CDE · ILO C111 · ILO C100 · ILO C169 · Protocol No. 12 ECHR South_Asia">

South Asia South Asia, also known as Southern Asia, is the southern region of the Asian continent, which comprises the sub-Himalayan countries and, for some authorities , also includes the adjoining countries on the west and the east. Topographically, it is dominated by the Indian Plate, which rises above sea level as the Indian subcontinent south of the

East_Asia">

East Asia East Asia or Eastern Asia is a subregion of Asia that can be defined in either geographical or cultural terms. Geographically and geo-politically, it covers about 12,000,000 km2 (4,600,000 sq mi), or about 28 percent of the Asian continent, about 15 percent bigger than the area of Europe

South_East_Asia_and_Oceania">

South East Asia Southeast Asia is a subregion of Asia, consisting of the countries that are geographically south of China, east of India and north of Australia. The region lies on the intersection of geological plates, with heavy seismic and volcanic activity and Oceania Oceania is a geographical, and often geopolitical, region consisting of numerous lands—mostly islands in the Pacific Ocean and vicinity. The term "Oceania" was coined in 1831 by French explorer Dumont d'Urville.[dubious – discuss] The term is also sometimes used to denote a continent comprising Australia Continent and proximate

Europe">

Europe

  • Finland. In certain university education programs, including legal and medical education, there are quotas for Swedish-speaking applicants. The aim of the quotas is to guarantee that a sufficient number of Swedish speaking professionals are educated, thus safeguarding the linguistic rights of the Swedish-speaking Finns. 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.[citation needed] 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 "Prioritary 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).[citation needed] The French Ministry of Defense tried in 1990 to give more easily higher ranks and driving licenses to young French soldiers with North-African ancestry. After a strong protest by a young French lieutenant[21] in the Ministry of Defense newspaper ("Armées d'aujourd'hui"), this driving license and rank project was canceled. After the Sarkozy election, a new attempt in favour of Arabian-French students was made but Sarkozy did not gain enough political support to change the French constitution. However, highly ranked French schools do implement affirmative action in that they are obligated to take a certain amount of students from impoverished families.[22]
The Right Honourable The Lord Dahrendorf, KBE, was in favour of affirmative action
  • Germany. Article 3 of the 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 handicapped should be preferred to healthy people. This is typical for all positions in state and university service as of 2007, 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 Left Party brought up the discussion about affirmative action in 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 (University-preparatory school).[23] Headmasters of Gymnasien have objected, saying that this type of policy would "be a disservice" to poor children.[24] In 2009 the Berlin senate decided that Berlin's Gymnasium should no longer be allowed to handpick all of their students. It was ruled that while Gymnasien should be able to pick 70 % to 65 % of their students, the other places at the Gymnasien are to be allocated by lottery. Every child will be able to enter the lottery, no matter how he or she performed in primary school. It is hoped that this policy will increase the number of working class students attending a Gymnasium.[25] The Left proposed that Berlin Gymnasien should no longer be allowed to expel students who perform poorly so that the students who won a Gymnasium place in the lottery have a fair chance of graduating from that school.[25] It is not clear yet if Berlin's senate will decide in favour of The Lefts proposal. There is also a discussion going on if affirmative action should be employed to help the children and grandchildren of the so called Gastarbeiter gain better access to German universities. One prominent proponent of this was Lord Ralf Dahrendorf[26] It is argued that the Gastarbeiter willingly came to Germany to help build the industry and this should be honored.
  • Republic of Macedonia. Minorities, most notably Albanians, are allocated quotas for access to state universities, as well as in civil public services.[citation needed]
  • Romania. Roma people (gipsy) are allocated quotas for access to state universities.
  • Slovakia. The 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.[28]
  • Sweden. Special treatments of certain groups are commonplace in Sweden. Leveraging of the opportunities of these groups is encouraged by the state. One example is the police, who give women and people from other cultural and ethnic backgrounds concessions when it comes to testing for entrance to the police academy.
South_Africa">

South Africa

This section does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be and removed. (April 2010)

The Apartheid government favoured white-owned companies and as a result, the majority of companies in South Africa were, and still are owned by white people. The aforementioned policies achieved the desired results, but in the process they marginalised and excluded black people. A notable exception is the high number of businesses owned and operated by people of Indian descent - keen business people who thrived even under Apartheid laws due to their entrepreneurship and the political difficulties faced by them. Many people of Chinese ancestry in South Africa, also classified as "black" under the Apartheid government, also thrived through owning and operating their own businesses.

When the new majority government came to power in 1994, led by the ANC, they decided to implement an affirmative action campaign to correct previous imbalances. As such, the previously disenfranchised majority and minority groups are being supported by forcing the formerly privileged white minority group to implement certain policies. These policies include quotas regarding how much of the procurement is from non-white companies, how much of the equity is owned by non-whites, how many employees are non-white and what position the non-whites have.

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 not only advancing people from designated groups but also specifically dis-advancing the others. Those specifically hindered are the white minority. By legal definition, the designated groups who are to be advanced in society include all people of color, white women, people with disabilities, and people from rural areas. The term "black economic empowerment" is somewhat of a misnomer, therefore, because the acts cover empowerment of any member of the designated groups, regardless of race. However, government’s employment legislation reserves 80% of new jobs for black people and favours black-owned companies.[30] It is quota-based, with specific required outcomes. By 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 board of director level), procurement from black-owned businesses and social investment programs, amongst others. In 2008, the High Court in South Africa has ruled that Chinese South Africans are to be reclassified as black people. As a result of this ruling, ethnically Chinese citizens will be able to benefit from government Black Economic Empowerment (BEE) policies.[31]

There is growing discontent in South Africa that the Broad Based Black Economic Empowerment Act has only enriched a select few black people in the country, generally those who were well-connected within the ANC so as to benefit from smart BEE deals and tender awarding, often thought to border on corruption. The same black people appear further enriched in each large BEE deal made in South Africa.

Many articles have been written in this regard however the ruling ANC party has to date not altered this policy, with criticism of the policy being claimed to be a racist attack on black people becoming wealthier:

A black author, Moeletsi Mbeki, published a book entitled 'Architects of Poverty' in which he describes how BEE has failed most South Africans by creating a small group of black elitist capitalists made up of ANC politicians, whilst hindering the emergence of black entrepreneurship.

Many South Africans believe that Affirmative Action is in its essence a racist policy, no different to those policies of the Apartheid government. Academic papers have been published on the topic, including how the perpetuation of racial identity in post-Apartheid South Africa is contrary to the building of a non-racial South Africa. [1].

Professor Marinus Wiechers has written how affirmative action is a breeding ground for racism and racist sentiments.[38]

Many white people are being marginalised through the government's affirmative action policies which see most large corporate companies forced to have a high percentage of their staff at all levels be black. This results in companies having policies in place to ensure that all new recruits are non-white and in many cases black only. White people, whether skilled or not, are excluded from many employment opportunities based purely on the color of their skin. This is seen by many to be racist in itself.

Israel">

Israel

Israel has affirmative action for the Aliyah from Ethiopia (Jewish Ethiopians), with regard to housing, education and integration into employment.[39]

Alternative views

A 2009 Quinnipiac University survey found American voters opposed to the application of affirmative action to gay people, 65 over 27 percent. African-Americans were found to be in favor by 54 over 38 percent.[40]

Debate

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The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (May 2010)

Support

The principle of affirmative action is to promote societal equality through the preferential treatment of socioeconomically disadvantaged people. Often, these people are disadvantaged for historical reasons, such as oppression or slavery.[41] According to a poll taken by USA Today, most Americans support affirmative action for women; with minorities, it is more split.[42] Men are only slightly more likely to support affirmative action for women; though a majority of both do.[42] However, a slight majority of Americans do believe that affirmative action goes beyond ensuring access and goes into the realm of preferential treatment.[42]

Opposition

Opponents of Affirmative Action such as George Sher believe that affirmative action devalues the accomplishments of people who are chosen based on the social group to which they belong rather than their qualifications.[43] Opponents also contend that affirmative action devalues the accomplishments of all those who belong to groups it is intended to help, therefore making affirmative action counterproductive.[43] Opponents,[44] who sometimes say that affirmative action is "reverse discrimination", further claim that affirmative action has undesirable side-effects in addition to failing to achieve its goals. They argue that it hinders reconciliation, replaces old wrongs with new wrongs, undermines the achievements of minorities, and encourages individuals to identify themselves as disadvantaged, even if they are not. It may increase racial tension and benefit the more privileged people within minority groups at the expense of the least fortunate within majority groups (such as lower-class whites).[45] American economist, social and political commentator, Dr. Thomas Sowell identified some negative results of race-based affirmative action in his book, Affirmative Action Around the World: An Empirical Study.[46] Sowell writes that affirmative action policies encourage non-preferred groups to designate themselves as members of preferred groups (i.e., primary beneficiaries of affirmative action) to take advantage of group preference policies; that they tend to benefit primarily the most fortunate among the preferred group (e.g., upper and middle class blacks), often to the detriment of the least fortunate among the non-preferred groups (e.g., poor whites or Asians); that they reduce the incentives of both the preferred and non-preferred to perform at their best — the former because doing so is unnecessary and the latter because it can prove futile — thereby resulting in net losses for society as a whole; and that they increase animosity toward preferred groups.

See also

Notes

  1. ^ a b "Executive Order 11246--Equal employment opportunity". The Federal Register. http://www.archives.gov/federal-register/codification/executive-order/11246.html. Retrieved 5/2/2010.
  2. ^ a b c "Affirmative Action". Staford Encyclopedia of Philosophy. April 1, 2009. http://plato.stanford.edu/entries/affirmative-action/.
  3. ^ "Affirmative Action: History and Rationale". Clinton Administration's Affirmative Action Review: Report to the President. July 19, 1995. http://clinton2.nara.gov/WH/EOP/OP/html/aa/aa02.html.
  4. ^ Sowell, Thomas (2004). Affirmative Action Around the World: An Empirical Study, Yale University Press, ISBN 0-300-10199-6
  5. ^ United Nations Committee on Human Rights, General Comment 18 on Non-discrimination, Paragraph 10
  6. ^ Plummer, Robert. "Black Brazil Seeks a Better Future." BBC News, São Paulo 25 September 2006. 16 November 2006
  7. ^ "DEM entra com ADPF contra cotas raciais"
  8. ^ GNWT - Human Resources - Affirmative Action
  9. ^ "Executive Order 10925 - Establishing The President's Committee On Equal Employment Opportunity". U.S. Equal Employment Opportunity Commission. http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-10925.html. Retrieved 5/2/2010.
  10. ^ "Federal Employment Discrimination Laws". EmployeeIssues.com. http://employeeissues.com/discrimination_laws.htm. Retrieved May 18, 2010.
  11. ^ Indy fire-fighters sue city, charge bias
  12. ^ Highlights of the 2002-2003 Supreme Court Term
  13. ^ Stephanie Chen (May 26, 2010). "Does your name shape your destiny?". CNN. http://edition.cnn.com/2010/LIVING/05/26/naming.names.importance/?hpt=Sbin.
  14. ^ Graduate Student Admission Ordainment - Ministry of Education, PRC
  15. ^ Ethnic and Religious Affairs Commission of Guangdong Province
  16. ^ Encyclopedia of the Nations, "Malaysia Poverty and Wealth"
  17. ^ Bumiputra Policy in Malaysia
  18. ^ Perumal, M., 1989, 'Economic Growth and Income Inequality in Malaysia, 1957–1984', Singapore. Economic Review, Vol.34, No.2, pp.33–46.
  19. ^ Income Inequality and Poverty in Malaysia by Shireen Mardziah Hashim
  20. ^ a b UK Commission for Racial Equality website "Affirmative action around the world"
  21. ^ Jean-Pierre Steinhofer: "Beur ou ordinaire" in "Armee d'Ajourd'hui, 1991.
  22. ^ "Le Plan Sarkozy"
  23. ^ Susanne Vieth-Entus (29. Dezember 2008): "Sozialquote: Berliner Gymnasien sollen mehr Schüler aus armen Familien aufnehmen". Der Tagesspiegel
  24. ^ 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
  25. ^ a b Heinz-Peter Meidinger: "Berliner Schullotterie". Profil 07-08/2009 (August 24th. 2009)
  26. ^ Christine Prußky: "Zuwanderer an die Unis - Soziologe Ralf Dahrendorf fordert Migrantenquote"
  27. ^ http://www.lovdata.no/all/tl-19970613-045-032.html#6-3
  28. ^ Slovakia bans positive discrimination
  29. ^ Personneltoday.com "Is there a case for positive discrimination?"
  30. ^ Simon Wood meets the people who lost most when Mandela won in South Africa
  31. ^ We agree that you are black, South African court tells Chinese, The Times
  32. ^ BEE's Glass Slipper
  33. ^ http://www.moneyweb.co.za/mw/view/mw/en/page292679?oid=346519&sn=2009+Detail+no+image&pid=295799
  34. ^ a b http://www.fin24.com/articles/default/display_article.aspx?ArticleId=1518-24_2564628
  35. ^ http://www.busrep.co.za/index.php?fArticleId=5340048
  36. ^ http://www.financialmail.co.za/projects05/topempowerment/stories/zzdbee.htm
  37. ^ http://www.mg.co.za/article/2009-11-20-manyi-vows-to-get-tough-over-bee
  38. ^ http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71616/page71619?oid=136413&sn=Detail
  39. ^ http://www.mfa.gov.il/MFA/Archive/Communiques/1996/The%20Absorption%20of%20Ethiopian%20Immigrants%20in%20Israel%20-
  40. ^ U.S. Voters Disagree 3-1 With Sotomayor On Key Case. Quinnipiac University. Published June 3, 2009.
  41. ^ Christophe Jaffrelot , India's Silent Revolution : The rise of lower castes in northern India, pg. 321 2003
  42. ^ a b c . http://www.usatoday.com/news/polls/tables/live/0623.htm.
  43. ^ a b Sher, George, "Preferential Hiring", in Tom Regan (ed.), Just Business: New Introductory Essays In Business Ethics, Philadelphia, Temple University Press, 1983, p.40.
  44. ^ American Civil Rights Institute
  45. ^ Cultural Whiplash: Unforeseen Consequences of America's Crusade Against Racial Discrimination / Patrick Garry (2006) ISBN 1-58182-569-2
  46. ^ ISBN 0-300-10199-6, 2004

References

External links

Categories: Education issues | History of education | Education policy | Discrimination | Politics and race | Social inequality | Prejudice and discrimination | Race-related legal issues | Affirmative action

 

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Class/income-ba​sed . affirmative action. has long struck me as an alternative that ought to get more attention than it does. Class-based program programs might, in the end, provide modestly less help for ethnic minorities than current ...

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A. Affirmative Action is the law. Colleges regularly discriminate against Asians and Whites to put in other minorities. Kind of crazy. They try to balance the numbers so everyone is represented. What they don't understand is that the imbalance occurs because of genetic differences.
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