Implementing Affirmative Action In Public Services: Comparative Administrative Practice

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Implementing Affirmative Action In Public Services:

Comparative Administrative Practice

AFHQ Armed Forces Headquarters

AIR All India Reporter

AIS All India Services

ANC African National Congress

BN Barisan Nasional

COSATU Congress of South African Trade Unions

DPC Departmental Promotion Committee

DPSA Department of Public Service and Administration (SA)

HDI Human Development Index (UNDP)

IAS Indian Administrative Service

IPS Indian Police Service

IFS Indian Forest Service

INSAP Institute of Applied Policy

MADS Malaysian Administrative and Diplomatic Service

MAS Malay Administrative Service

MCS Malayan Civil Service

NEP New Economic Policy

NGO Non Governmental Organization

NP National Party

OBC Other Backward Classes (India)

PAWC Provincial Administration of the Western Cape

PEP Provincial Executive Programs

PPP Purchasing Power Parity

PSC Public Service Commission

PSD Public Services Department

PTD Perkhidmatan Tadbir dan Diplomatik

RDP Reconstruction and Development Program

RSA Republic of South Africa

SC Scheduled Caste

SSC Staff Selection Commission

ST Scheduled Tribe

UNDP United Nations Development Program

UNMO United Malay National Organization

UNRISD United Nations Research in Social Development

UPSC Union Public Service Commission

WPTPS White Paper on the Transformation of the Public Service

About this report

This report is part of an initiative by PREM Network’s Public Sector Group to compile, analyze and present Comparative Administrative Practices in different areas of pubic sector management. It describes how different public services have designed, implemented and monitored affirmative action. Knowing how governments implement affirmative action is useful for understanding pressures to expand public employment. It provides insight into how difficult reform options can be carried through.
The analysis draws upon four case studies of the public services of India, Malaysia, Nigeria and South Africa that were prepared for the World Bank’s Governance Knowledge Sharing Program. Pachampet Sundaram, independent consultant, wrote the case studies of India and Malaysia. Professor John Erero of the Department of Public Administration, Obafemi Awolowo University, Ile-Ife, Nigeria and Babatunde Oyedeji, Independent Policy Group, Abuja wrote the case study on Nigeria with the assistance of Ayo Adesopo of Obafemi Awolowo University. The South African case study was written by Professor Robert Cameron of the Department of Political Studies, University of Cape Town. The study was designed by Ranjana Mukherjee and Ladipo Adamolekun who also analyzed the cases and prepared the summary of findings.


I. Introduction 1

II. Summary of findings 5

II.A. Who is preferred, and to what extent? 5

II.B. Implementation 10

II.C. Monitoring 14

II.D. Results 18

III. Affirmative Action in India’s public service: A case study 21

III.A. Background 21

III.B. Implementation Framework 24

III.C. Enforcement of Affirmative Action 29

III.D. Effect of Affirmative Action on Civil Service 32

III.E. Future of Affirmative Action in Public Service 37

III.F. Appendices 39

IV. Affirmative Action in Malaysia’s Public Service: A case study 41

IV.A. Background 41

IV.A. Context, Objectives, and Framework of Affirmative Action in Public Service 44

IV.B. Enforcement of Affirmative Action and its Effect 46

IV.C. Consequences of Affirmative Action for Public Service 50

IV.D. Future of Affirmative Action in Public Service 51

V. Affirmative Action in Nigeria’s Public Service: A case Study 53

V.A. Background 53

V.A. Objectives of Affirmative Action and Relevant Constitutional Provisions, Laws, Rules, and Regulations 56

V.B. Enforcement Record to Date and Impact on the Composition of the Civil Service 58

V.C. Assessment of the Consequences of “Federal Character” for Civil Service Performance 63

V.D. Concluding Observations 64

V.E. Appendix 67

VI. Affirmative Action in the South African Public service: A case Study 72

V.A. Background 72

VI.A. Objectives of Affirmative Action and the Relevant Constitutional Provisions, Laws, Rules, and Regulations 75

VI.B. Enforcement Record to Date and the Impact on the Composition of the Public Service 79

VI.C. Assessment of the Consequences for Public Service Performance 83

VI.D. Conclusions 89

VI.E. Appendix. 90

VII. References, by Chapter 93

List of tables

Table II.1. Summary of Groups Preferred in Federal Public Service 8

Table III.2. India: Combined representation of SC and ST in different service groups (as % of federal government employment) 32

Table III.3. India: Combined Representation of SC and ST public sector enterprises of central government, 2000 32

Table III.4. India: Vacancies filled in All Civil Services 33

Table III.5. India: Recruitment of Other Backward Classes 33

Table IV.6. Malaysia: Ethnic composition of population in Malaysia (including North Borneo), 1957–2000 41

Table IV.7. Malaysia: Public Employment in Malaysia (2002) 43

Table IV.8. Malaysia: Ethnic Composition of Public Service 48

Table IV.9. Malaysia: Ethnic representation in top positions in federal ministries, 2000 49

Table IV.10. Malaysia: Women in public service, 1999 50

Table IV.11. Malaysia: Education levels in MCS by ethnic origin, 1971 50

Table V.12. Nigeria: Selected macroeconomic and social indicators 55

Table V.13. Nigeria: Gender representation, March 2003 58

Table V.14. Nigeria: Consolidated Statistics of FCS (Presidency, Federal Ministries, and Extra-Ministerial Departments), 2000 67

Table V.15. Nigeria: Staff distribution summary by state and category, 2003 68

Table V.16. Nigeria: Summary of consolidated statistics of the FCS, selected years 69

Table V.17. Nigeria: Total staff distribution by geopolitical zones, selected years 71

Table V.18. Nigeria: Analysis of the impact of implementing federal character principle (by state) 71

Table VI.19. South Africa: Human Development Index 73

Table VI.20.South Africa: percentage of black managers 1995–2004 82

Table VI.21. South Africa: Gender composition in management, 1995–2004 83

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