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Brazil passes racial equality law but fails to endorse affirmative action

This article is more than 14 years old
Eighty per cent of workers on minimum wage are black and university graduation rate is less than a third of that for whites

Earlier this month, 122 years after the abolition of slavery, the Brazilian Congress finally approved the Statute of Racial Equality. The law, which has been under discussion for seven years, aims to end the inequality suffered by black people in Brazil, who make up 45% of the population. The government hopes to redress the wrongs inflicted on the descendants of African slaves who first reached Brazil in the 16th century.

However black pressure groups have voiced their disappointment because the statute does not endorse any of the affirmative action policies that have been launched during the parliamentary debate. This is particularly true of quotas to make it easier for black people to obtain higher education, find jobs in the public and private sector, and enter politics.

"The text falls short of our expectations. Concrete action is needed to combat the injustice our community suffers," said Gilberto Leal, the co-ordinator of the National Council of Black Entities.

Other measures eliminated during the legislative process include tax breaks for employers with a workforce comprising more than 20% blacks and a health service targeting complaints specific to the black population. Demostenes Torres, an opposition Democratic party senator, who took his battle against quotas to the supreme court, arguing they were unconstitutional, said: "The concept of race is outdated. Genetic research shows there is only one human race."

Paulo Paim, the author of the original text, Brazil's only black senator and a member of the ruling Workers party, said: "The statute is a real step forward and an effective weapon, even if it does not come up to our ideals."

Under pressure from public opinion about 100 public universities and 1,000 private colleges have already introduced social and racial quotas for applications. Some 52,000 students covered by the quota scheme have graduated since 2003, "without lowering the overall standard", said Deborah Santos, a history professor at Brasilia University.

In Brazil black people account for two-thirds of those living below the poverty line and four-fifths of those earning the minimum wage. Some 18% of white youths graduate from university, as against only 5% among their black fellows. Black wage earners are only expected to catch up in 2040, thanks to existing affirmative action, the Institute of Applied Economics has calculated.

The statute offers at least one welcome guarantee, granting ownership of their land to the inhabitants of quilombos (remote villages) where runaway slaves used to take refuge. Even now 2.5 million people still live in quilombos.

This article originally appeared in Le Monde

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