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Brazil

Ethnic-Racial Affirmative Action Data (BR0127)

Overview

At-a-Glance

Action Plan: Brazil Action Plan 2023-2027 (December)

Action Plan Cycle: 2023

Status:

Institutions

Lead Institution: Ministry of Racial Equality - MIR

Support Institution(s): • Office of the Comptroller General (CGU) • National School of Public Administration (ENAP) • Institute of Applied Economic Research (IPEA) • Ministry of Management and Innovation in Public Services (MGI) • Center for Studies and Data on Racial Inequality (CEDRA) • Geledés Black Women’s Institute • Group for the Multidisciplinary Study of Affirmative Action (GEMAA) • Alana Institute • Interdisciplinarity and Evidence in the Educational Debate - IEDE • Ethos Institute14 • Federal Senate

Policy Areas

Capacity Building, Digital Transformation, Education, Inclusion, Public Service Delivery

IRM Review

IRM Report: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Pending IRM Review

Ambition (see definition): Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

Brief description of the commitment

Produce, process, and make available standardized, high-quality ethnic-racial affirmative action data, collaboratively and in a single catalog.

Problem Definition

1. What problem does the commitment aim to solve?

The commitment seeks to address the central challenge of establishing governance of ethnic-racial affirmative action data, public and private, in a collaborative, institutional, and interdependent manner, to integrate and standardize the production, collection, processing, and availability of data. The databases on affirmative action do not start from a common methodology: the data is collected in different ways, which makes it difficult to integrate, process, compare, and analyze the information. In addition, data and indicators from important databases such as the IBGE, INEP, DATASUS, etc. (such as the School Census, Higher Education Census, FIES, or RAIS) provide insufficient data in terms of ethnic-racial cut-off. In addition, the data on elections, the Electoral Fund, and racial data from the Public Security Departments are insufficient for an extensive analysis. Some databases do not require the race/ color criterion to be filled in or present options such as “did not wish to declare” or “did not declare”, making it difficult to produce analyses. There is also a perceived lack of quality in the racial data collected. This is largely because there is no national training program for the collection and diagnosis of racial data. With regard to civil servants, there is a lack of aggregate data on the occupation of vacancies reserved for black people in public examinations. The SIAPE system does not have any data on civil servants who have entered through quotas, nor is there any information on the progress of these civil servants. There is also no racial data on outsourced workers in the public service. Another aspect observed is the lack of strategies for investigating and preventing quota fraud, both in terms of the internal treatment of each university and federal institute and in terms of public tenders. The data produced by the hetero-identification boards at the Federal Higher Education Institutions is not available. These and other issues affect the black population’s access to public services, their entry into selection processes and public tenders and even society’s understanding of specific issues concerning the majority population segment in the country, considering that, according to the IBGE 2022 Census, black and brown people account for 55.9% of Brazil’s population.

2. What causes the problem?

Racial equity indices have not yet been established in the country to serve as a basis for collecting, processing, and analyzing data, nor has there been any integration of data related to affirmative action. On the other hand, there is resistance to releasing data to other bodies for strategic reasons of secrecy, data protection, competition, and a lack of transparency standards. Relevant actors - in government and the private sector - still don’t understand the importance of producing/collecting racial data and the existence of affirmative action. The country still has a scenario of reduced knowledge, interest, and awareness among managers about racial inequalities and their social repercussions, which also determines the minimal participation of black people in spaces of power and decision-making. It can also be said that there is a lack of training in data literacy and racial classification criteria. Institutions have not yet built up a culture of collecting racial data, and the people who do the work have not developed an awareness of the importance of their work for formulating/improving public policies. Operationally, the government budget is scarce for the creation of systems and for the implementation of actions related to affirmative action. In the field of legality and regulation, there is a diffuse interpretation of the General Personal Data Protection Law (LGPD), which means that agencies do not disclose, or partially disclose, data.

Commitment Description

1. What has been done so far to solve the problem?

With specific regard to accessing, processing, and making available ethnic-racial data on a single digital platform that is easily accessible to society, I would like to inform you that the main strategy implemented to date is the Ethnic-Racial Policy Monitoring System (SIMOPE). The then National Secretariat for Policies to Promote Racial Equality (SNPIR) and the Federal University of Paraná (UFPR) signed Decentralized Execution Term No. 07/2015 in November 2015, the purpose of which was “Research, development and availability of technologies for monitoring public policies and actions of SEPPIR” and presented the construction of the “Monitoring System for Policies to Promote Racial Equality (SMPPIR)” as a project. The system was born in 2012 after a consultancy resulted in a study of the databases of the executive branch bodies involved in policies to promote racial equality. In this context, the Juventude Viva Plan and the Brasil Quilombola Program were chosen as the basis for formatting SMPPIR, which was officially launched during the III National Conference for the Promotion of Racial Equality - III CONAPIR, in November 2013. The TED was signed with the aim of improving the existing tools in the system at the time, especially its expansion to analyze and monitor other public policies, as well as creating modules that would enable the use of databases to be incorporated into SMPPIR. As such, the “Goals” were to identify systems, technologies, interfaces, and improvements with great potential for implementation and integration with the platform, including new audiences, such as Traditional Peoples and Communities of African Matrix and Terreiros [grounds], and a module entirely aimed at monitoring the implementation of the Quotas Law for students at federal higher education institutions. The collection system would be based on open data (APIs), making it possible to organize, process, and make information available through SMPPIR in a homogeneous way, facilitating the discovery and exchange of information between different organizations. In turn, the introduction of components capable of supporting georeferencing would make it easier to cross-reference and visualize information based on location. Dynamic information loading, based on the development of modules integrated with mobile devices that produce data that is easy for the System to process, would bring versatility to data collection and make information available to mobile devices. The system has undergone further revisions and updates and is now called the Ethnic-Racial Policy Monitoring System (SIMOPE). The platform gathers data and indicators to analyze and monitor public policies that affect the black population and Traditional Peoples and Communities. It allows for the research, development, and availability of information for the monitoring of public policies with an ethnic-racial focus, making available, in the form of tables and graphs, the historical evolution of indicators such as territorial presence, schooling, average income, infrastructure and access to social programs. SIMOPE can be accessed via the following link: https://simope.mdh.gov.br/. SIMOPE’s effectiveness has been hampered by difficulties in accessing data produced by other bodies and entities and in updating this information on the platform on time. Also within the perspective of producing qualified data and information for government management decision-making in relation to the improvement of affirmative policies in public administration and Higher Education, in October 2019 the Decentralized Execution Term - TED No. 2/2019 was signed with the National School of Public Administration - ENAP to carry out “Research and evaluation on the implementation of Law 12.990/2014 and elaboration of an evaluation methodology for Law 12.711/2012”. The research resulted in the publication of the following documents: Synthesis of Evidence from the Evaluation of Law No. 12.990/2014 and the Data Survey on Law No. 12.711/2012; Research and Evaluation Report on Public Policies - Focus Group Results; Research and Evaluation Report on Public Policies - Interviews; Quantitative Report on the Implementation of Law No. 12.990/2014 in the Federal Executive Branch; and Research to Survey Information on the Adoption of the Social and Racial Quota System in Higher Education Institutions in Brazil (Law n ̊ 12.711/2012). As for the actions carried out to date by the Affirmative Action Policies Directorate to improve the process of drafting, implementing, monitoring, and evaluating affirmative action policies that directly or indirectly affect the process of producing, processing, and making available ethnic- racial affirmative action data, we can list the following: Publication of Decree No. 11.785/2023, which instituted the Federal Affirmative Action Program - PFAA, within the scope of direct federal public administration, to promote rights and equalizing opportunities through affirmative actions aimed at black, quilombola and indigenous populations, people with disabilities, and women, considering their specificities and diversities. The Decree stipulates that the plan’s actions relating to administrative records and structured registers of systems relating to public agents and beneficiaries of public policies should promote strategies for the inclusion of fields designed to identify: (i) color or race, (ii) gender of people; (iii) the characterization of people with disabilities, (iv) the ethnic segment to which indigenous or quilombola people belong and (v) other data related to the principles governing the PFAA, in all cases observing the use of the parameters employed by the IBGE and the legislation in force. Publication of Decree No. 11.443/2023, which provides for a minimum percentage of commissioned positions and positions of trust within the federal public administration to be filled by black people. Dissemination of the survey on the implementation of Law No. 12.990/2014 (Public Service Quota Law), at an event held at the National School of Public Administration (ENAP). Launch of FIAR - Formation of Anti-Racist Initiatives, in partnership with the National School of Public Administration (ENAP). The program includes various short-, medium- and long-term initiatives. Among the actions already developed within the scope of FIAR by the DPA, we highlight (a) the continuation of the research on the implementation of Law No. 12.990/2014; (b) LideraGov 4.0 - exclusive edition for black people, as well as meetings and research evaluating the Quotas Law in public tenders and racial representativeness in the public service. Continuation of research into the implementation of Law No. 12.990/2014: with a view to continuing to monitor and evaluate the implementation of the quota policy in the public service, this Directorate signed a new TED with ENAP to continue the research into the implementation of Law No. 12.990/2014. Support for the Ministry of Culture in drafting the regulation of Complementary Law 195/2022 (Paulo Gustavo Law), through Decree No. 11,525, of May 11, 2023, with regard to the provision for affirmative action. Launch of the 2023 Call for Proposals for the Rio Branco Institute’s Affirmative Action Program - Diplomacy Award Scholarship, which contains improvements over the previous edition. The signing of a Technical Cooperation Agreement on the affirmative action program at the Rio Branco Institute, the MIR, the National Council for Scientific and Technological Development (CNPq), the Palmares Cultural Foundation, and the Ministry of Foreign Affairs. Petronilha Beatriz Gonçalves e Silva Seminar: 20 years of teaching Afro-Brazilian history and culture, to highlight the history and importance of the legal framework that guarantees the compulsory teaching of African and Afro-Brazilian history and culture in Brazil’s public and private education networks, in the year that marks two decades since the enactment of Law no. 10.639/2003. Support for the approval of Law No. 14.723/2023, which amends Law No. 12.711/2012, to provide for a special program for access to federal institutions of higher education and technical education at the secondary level for black, brown, indigenous, and quilombola students and people with disabilities, as well as those who have fully attended secondary or elementary school in public schools. Drafting a bill to extend the quota policy in the public service (Law No. 12.990/2014): the Law is in force for a period of 10 (ten) years, as provided for in Art. 6, which means that it takes effect in June 2024. Aware of this fact, the Affirmative Action Directorate worked with the Ministry of Management and Innovation in Public Services, the Ministry of Justice and Public Security, the Ministry of Indigenous Peoples, and the Civil House to draft a preliminary bill. Partnership with Enap to hold DATATHON: Racial Inequalities in the Public Service, which consists of an open innovation competition that, by promoting the meeting of people with different backgrounds and knowledge to solve challenges, will provide opportunities for civil servants, students, academics, and others interested in seeking to identify what the data available on Infogov says about racial inequalities in the public service and what the possible readings of this problem might be. Under the management of the Ministry of Education, two platforms are available with data and information on the quota policy at Federal Universities and Institutes: the 360° University Platform and the Nilo Peçanha Platform. The 360° University Platform provides integrated data and academic, budgetary, and people management indicators for federal universities. Supported by interactive maps, responsive diagrams, tables, and other visual artifacts, the Platform allows users to search for information on the supply of general higher education data in Brazil and is based on solutions for analytical management and an integrated approach to academic indicators, budget execution and personnel development in the Federal Education Network. The Nilo Peçanha Platform (PNP) is a virtual environment for collecting, validating, and disseminating official statistics from the Federal Network for Professional, Scientific, and Technological Education (Federal Network). It aims to gather data on teaching staff, students, technical- administrative staff, and financial expenses of the Federal Network units.

2. What solution are you proposing?

The actions planned so far to resolve the problems raised in the Action Plan co-creation workshops are listed below: Create a national integrated computerized system (Integrated System of Ethnic-Racial Affirmative Actions) aimed at creating a database on ethnic-racial affirmative action policies in force in the country that allows integration with other systems of sub-national entities, with standardized cataloging and taxonomy, at the highest possible level of disaggregation, whose data can be made available to society in an open format. Create a National Observatory for Racial Equality in Educational Institutions: in the form of an interactive portal, the Observatory will bring together successful initiatives in the application of Law No. 10.639/2023 to make them visible; making them accessible to educators across the country; and building a memory of state and non-state initiatives on the subject. Hold the 1st National Affirmative Action Forum to enable federal, state, and municipal managers, organized social movements, and private entities to participate in the construction of affirmative action policies. As part of this event, it will be possible to assess the state of implementation of these policies and propose guidelines for the formulation of new programs at the three levels of management, guiding governments in drawing up affirmative action plans and defining those that are priorities at the state, municipal and national levels. Articulation with the bodies responsible for generating ethnic-racial affirmative action data to encourage the improvement of databases to obtain standardized, quality information based on color or race.

3. What results do we want to achieve by implementing this commitment?

• Establish effective procedures and flows for collecting, standardizing, accessing, processing, and disseminating ethnic-racial affirmative action data. • Staff working directly with the target audience of affirmative action policies trained in racial literacy and the importance of properly collecting color or race data in their operational routines. • The existence of a technical team trained in the proper processing of data and information. • Establish an institutional culture of collecting and using data to support decisions on affirmative action policies. • Establish a culture of articulation, dialog, and integration between the country’s official data collection sources. • Establishing revised and improved practices that are continuously in line with the need to produce, process, and make available ethnic-racial affirmative action data. • Deepen the discussion on the existing gaps in the production, processing, and availability of ethnic- racial data to support the process of formulating, implementing, monitoring, and evaluating ethnic-racial affirmative action policies in the country. • Strengthen social control and participatory management by making ethnic-racial affirmative action data available on a single, collaborative platform, promoting the participation of federal, state and municipal managers, organized social movements and private entities in the construction of affirmative action policies. • To identify, trigger and strengthen mechanisms that promote the participation of the population in the construction of affirmative action policies. • Reflect on the difficulties experienced by federal, state and municipal managers in accessing ethnic-racial data to support the process of formulating, implementing, monitoring and evaluating affirmative action policies in their spheres of government.

Commitment Analysis

1. How will the commitment promote transparency? To ensure the greatest possible transparency in the process of formulating, implementing, monitoring and evaluating ethnic-racial affirmative action policies in the country, the commitment will encourage the training of civil servants on the importance of properly collecting color or race data in their operational routines and will promote the existence of technical teams trained in the proper processing and active transparency of data and information. It will also establish a culture of articulation, dialog, and integration between the country’s official data collection sources. In this way, it will contribute to deepening the discussion on the existing openings in the production, processing, and publication of data with an ethnic-racial emphasis.

2. How commitment will help promote accountability? By establishing an institutional culture of collecting and using data to inform decisions on affirmative action policies and fostering practices that are continuously revised and improved in line with the need to produce, process, and make available ethnic-racial affirmative action data, public bodies will be able to publish ethnic-racial affirmative action data in a timely and standardized manner, facilitating the process of accountability to society. In addition, the commitment will allow us to reflect on the difficulties experienced by federal, state, and municipal managers in accessing ethnic-racial data to support the process of formulating, implementing, monitoring, and evaluating affirmative action policies in their spheres of government.

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions? The production, processing, and availability of standardized, high-quality ethnic-racial affirmative action data, in a collaborative manner and a single catalog, will strengthen social control and participatory management by promoting the participation of federal, state, and municipal managers, organized social movements, and private entities in the construction of affirmative action policies. In addition, the timely availability of data and information on a public platform with a user-friendly interface will encourage citizen participation in the definition, implementation, and monitoring of ethnic-racial affirmative action solutions.

Commitment Planning (Milestone | Expected Results | Expected Completion Date)

Milestone 1 - Map the ethnic-racial data ecosystem | Mapping of the ethnic-racial data ecosystem drawn up | April/2024

Milestone 2 - Map the ecosystem's information needs | Mapping of ecosystem information needs to be drawn up | June/2024

Milestone 3 - Build a reference model for ethnic-racial data for affirmative action | A reference model for ethnic- racial data for affirmative action prepared | September/ 2024

Milestone 4 - Propose a reference model to the Data Governance Committee (CCGD) | Draft reference model presented to the Data Governance Committee (CCGD) prepared | September/ 2024

Milestone 5 - Adapt 'dados. gov.br' to better catalog, identify and present racial data | Adapted 'dados. gov.br' platform - cataloging, identifying and better presenting racial data | December/ 2024

Milestone 6 - Articulation with the Ministry of Labor and Employment (MTE), the National Institute of Educational Studies and Research Anísio Teixeira (INEP), and the National Data Protection Authority (ANPD) to increase data supply | MTE, INEP, ANPD mobilized to increase the data supply | August/2024

Milestone 7 - Regulatory guidance on standards for opening up data from universities, Federal Institutes on transparency | Normative guidance published | August/2024

Milestone 8 - Pilot base for data integration | Pilot basis for data integration made available | December/ 2026

Milestone 9 - Guidelines on affirmative action for Federal Institutes, bodies and entities of the direct and indirect Federal Public Administration | Guidelines made available | November/ 2024

Milestone 10 - Evaluate the implementation of affirmative actions | Evaluation carried out | June/2027

Milestone 11 - Train public agents to collect, process, and analyze ethnic- racial data | Training activity carried out | December/ 2026

Milestone 12 - Articulate for the inclusion of a module on quotas in competitive examinations in the federal government's structuring systems | Bodies mobilized for the inclusion of the Module on quotas in competitive examinations in the federal government's structuring systems | March/2024

Milestone 13 - 'dados.gov.br' dissemination strategy | Dissemination strategy implemented | March/2025

Milestone 14 - Guide to good practices for the production, collection, and availability of data for hetero- identification panels | Guide made available | December/ 2024

Milestone 15 - Creating an affirmative action data program and allowing states and municipalities to join, via a term of adhesion, offering technical training and fostering the formation of an inter-federative network of good practices | Program implemented | December/ 2026

Milestone 16 - Actions to encourage and promote the dissemination of data on racial affirmative action in the private sector | Actions to encourage and promote the dissemination of data carried out | December/ 2025

Milestone 17 - Actions to encourage the availability and use of data on affirmative action policies | Actions to encourage the availability and use of data on affirmative policies implemented | December/ 2026

Milestone 18 - Advanced affirmative action sites in each region to standardize data | Sites implemented | December/ 2025

Milestone 19 - Elaboration and application of a plan to monitor the implementation of Law No. 10.639/2003 (making the teaching of Afro- Brazilian History and Culture compulsory in all schools) in the municipalities, considering budget information, teams, regulations, and dissemination of good practices | Plan for monitoring the implementation of Law No. 10.639/2003 implemented | December/ 2025

Milestone 20 - Establish quality indicators for ethnic-racial data in education | Quality indicators established | December/ 2024


Commitments

Open Government Partnership