Brazils supreme court is preparing to rule on a 2014 law on racial quotas as concerns grow over abuse of quota systems which even led one government department to draw up a checklist to assess candidates facial features
Late last year, Fernando received news he had dreaded for months: he and 23 of his classmates had been kicked out of college. The expulsion became national news in Brazil. Fernando and his classmates may not have been publicly named (Fernando, in fact, is a pseudonym), but they were roundly vilified as a group. The headline run by weekly magazine CartaCapital White Students Expelled from University for Defrauding Affirmative Action System makes it clear why. But the headline clashes with how Fernando sees himself. He identifies as pardo, or brown: a mixed-race person with black ancestry. His family has struggled with discrimination, he says, ever since his white grandfather married his black grandmother. My grandfather was accused of soiling the family blood, and was subsequently cut out of an inheritance, Fernando explains. So when he applied to a prestigious medical program at the Federal University of Pelotas, in the southern tip of Brazil, he took advantage of recent legislation that set aside places for black, brown and indigenous students across the countrys public institutions. While affirmative action policies were introduced to US universities in the 1970s, Brazil didnt begin experimenting with the concept until 2001, in part because affirmative action collided head-on with a defining feature of Brazilian identity. For much of the 20th century, intellectual and political leaders promoted the idea that Brazil was a racial democracy, whose history favourably contrasted with the state-enforced segregation and violence of Jim Crow America and apartheid South Africa. Racial democracy, a term popularised by anthropologists in the 1940s, has long been a source of pride among Brazilians. As the countrys black activist groups have argued for decades, it is also a myth. Brazils horrific history of slavery 5.5 million Africans were forcibly transported to Brazil, in comparison with the just under 500,000 brought to America and its present-day legacy demanded legal recognition, they said. And almost two decades ago, these activists started to get their way in the form of race-based quotas at universities. For Brazils black activists, however, the breach of the countrys unofficial colour-blindness has also been accompanied by suspicion over race fraud: people taking advantage of affirmative action policies never meant for them in the first place. These spots are for people who are phenotypically black, says Mailson Santiago, a history major at the Federal University of Pelotas and a member of the student activist group Setorial Negro. Its not for people with black grandmothers. But in a country as uniquely diverse as Brazil where 43% of citizens identify as mixed-race, and 30% of those who think of themselves as white have black ancestors it is not immediately clear where the line between races should be drawn, nor who should draw it, and using what criteria. These questions have now engulfed college campuses, the public sector, and the courts.
The Steve Biko Institute in Salvador offers a free course for black students from low-income families to prepare them for university entrance exams. Photograph: Mario Tama/Getty Images They are also disproportionately represented across the countrys notoriously underfunded public school system. As a result, compared to the mostly white students who can afford a private school education, black and mixed-race Brazilians are less equipped to navigate the college admissions process. Only 13% of them between the ages of 18 and 24 are currently enrolled in a university. To tackle inequality in higher education, the federal government passed the law of social quotas in 2012. The law earmarks half of all admissions spots across the countrys federally funded institutions to public high-school graduates, regardless of their race. Of those reserved spots, half go to students whose families earn less than 1.5 times the minimum wage about BRL 1,430 (345) a month. A percentage of the spaces in both categories then gets set aside for black, brown and indigenous students, in proportion to the ratio of white to non-white residents in each state. The government gave universities four years, until 2016, to fully comply with the law. The problem is, the law merely asked that candidates report their own race. To many students and professors I spoke with, the only thing that seems to have risen in popular undergraduate programs such as law and medicine are the number of white-looking students who have gained entry by claiming to be black. Its visible to the naked eye, says Luana Padilha, a black medical student who enrolled via affirmative action. By my count, at least 12 of my classmates should have accessed the program through racial quotas. But I look around and cant recognise any of these people. If you look at a photograph of the incoming medical class of 2015, only one of the students looks black, says Georgina Lima, a professor and head of UFPels Center for Affirmative Action and Diversity. And hes not even Brazilian hes from Africa. The Ethnicity Evaluation Committee, of which Lima is a member, was installed to address this loophole. It interviewed prospective students for the first time ahead of the second semester of 2016. We saw the most incredible situations unfold, says Rogerio Reis, an anthropology professor and head of the committee. People would shave their heads, wear beanies, get a tan. Just a series of strategies to turn themselves black. Fabio Goncalves, a lawyer and committee member, was about to put one prospective student down as black, when one of his female colleagues who knows more about this kind of thing than I do told him to note the difference in skin tone between the students face and body. The student had darkened her features with make-up! he says, in utter bewilderment. Who gets to define race?
For as long as black activists have demanded affirmative action, they have also stressed the need for monitoring strategies. Brazil is the country of frauds, says Helio Santos, president of the Brazilian Diversity Institute and a leading figure in the black rights movement. Civil rights efforts that dont come with any oversight are a joke. But the recent implementation of verification panels across several universities has raised troubling questions about who gets to define race, in a country where people dont fall neatly into black and white categories. My father is black. My official documents say Im white. I have first-hand experience with miscegenation. This issue is not so clear-cut, says Kelvin Rodrigues, a second-semester medical student at UFPel who is critical of the evaluation committee, even if he supports expelling those who commit blatant racial fraud. Rodrigues looks black, but as someone who graduated from a private high school, he was never eligible for affirmative action spots in the first place. If the law stipulates that an applicants race should be self-reported, then what right does anyone have to tell that person theyre lying? asks Luiz Paulo Ferreira, another second-semester medical student. Ferreira considers himself pardo and enrolled in the medical program through the racial quotas, but was not one of the 27 students who were investigated. How can members of the committee feel particularly qualified to make these judgment calls? he says. And based on what criteria? Eleven experts comprised the panel, among them UFPel administrators, anthropologists and leaders in the wider black community of Pelotas. They received strict guidelines from the public prosecutors office. Phenotypical characteristics are what should be taken into account, read the instructions. Arguments concerning the race of ones ancestors are therefore irrelevant. The official criteria mirrored the way the issue has played out across Brazils public sector. In 2014, the federal government approved a law that set aside 20% of public-sector jobs to people of colour. In August 2016, after it had become clear this law left room for fraud, the government ordered all departments to install verification committees. But it failed to provide the agencies with any guidance. The Department of Education in Para (the state with the highest percentage of black and mixed-race Brazilians) attempted to fulfill the decree with a checklist, which was leaked to the press. Among the criteria to be scored: Is the job candidates nose short, wide and flat? How thick are their lips? Are their gums sufficiently purple? What about their lower jaw? Does it protrude forward? Candidates were to be awarded points per item, including hair type and skull shape. In response to the leaked test, one college professor from the state wrote on Facebook: Were going back to the slave trade. During job interviews theyre gonna stick their hands in our mouth to inspect our teeth. But black activists say such measures are unavoidable. A person who does not look phenotypically black is not the one getting killed by police every 23 minutes, says Santos, the law student and Coletivo Negrada member. So long as this is how racism manifests itself here, we need to ensure that people taking up admission spots in universities are the ones with these characteristics.