Affirmative action measures and electoral candidates’ positioning in Zambia

ABSTRACTWhile the increase of women in elected office has received much scholarly attention, less attention has been paid to the dynamics of resisting gender quotas in countries that fail to adopt such measures despite regional and international pressure. We develop a context-sensitive typology of affirmative action measures that includes gender quotas and funding incentives and explore determinants of electoral candidates’ positioning in the context of Zambia. Using a sequential mixed-methods approach and unique data, we examine how candidates of different gender, party affiliation, and level of electoral success position themselves when asked to choose between different options. Intriguingly, electoral success and party allegiance – whether a candidate is affiliated with a current or former government party – are more important than gender. This finding is relevant for the debate on feminist democratic representation by showing that candidates are likely to have their more radical views muted when getting into position.

WHO ARE THE TRUE BENEFICIARIES OF AFFIRMATIVE ACTION? Solidarity obo Barnard v SAPS 2010 5 BLLR 561 (LC)

Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. One of the issues faced by employers in implementing affirmative action is the question of who should be a beneficiary of affirmative action. This case note seeks to answer this question by looking at the definition given to beneficiaries of affirmative action and the concept of disadvantage. The first part of the article will explore the general objective ofaffirmative action and the two schools of thought on how we identify beneficiaries of affirmative action. I argue that recognition must be given to the fact that individuals who fall within the designated groups are not necessarily equally placed in terms of their experience of disadvantage. I further argue that in recognizing these differing experiences of disadvantage, we can avoid the creation of an elite middle-class black group that benefits from affirmative action to the exclusion of those that truly deserve the protection. The second part of this case note will focus on a landmark decision that highlights the difficulties encountered by employers in fulfilling their obligation of implementing affirmative action policies. In the last part of this case note I shall comment on the lessons that can be drawn from the case. I shall compare the development of affirmative action in the United States and India with that of South Africa in order to show the constitutional principles that need to be advanced within such a social transitional programme and recommend that affirmative action as a means to an end needs to evolve with the understanding that it functions within an ever changing social and economic environment. If such changes are ignored the true beneficiaries of affirmative action are not given recognition and the desired end of creating a workforce representative of South African society and thus reaching our goal of equality cannot be realized.

How Are ‘Included’ Excluded and Vice-Versa: Negotiated Participation of Women in School Governance in Nepal

Women representation in public institutions has been a key policy shift in Nepal in the recent decade. Despite such policy intervention as affirmative action measures to encourage women participation in public institutions and likewise increased presence of women in politics and public institutions, women’s participation at local level school decision-making processes remains limited. Through a lens of representation and theory of participation and an examination of women’s experiences, this study critically examines the dynamics of inclusion and exclusion in the School Management Committee. Drawing on original ethnographic research in a secondary school in rural Kaski, Gandaki Province, Nepal, this study draws that predominant female gender images were reproduced in the initial stage of women participation which made them feel ‘othered’ and ‘excluded’; however, gradually, with the passage of time and learning, such images receded and they felt more ‘included’ and were thereby likely to demonstrate more substantive participation.

How perceptions and information about women’s descriptive representation affect support for positive action measures

Based on the German Longitudinal Election Study (2016), we explain citizens’ support for measures to increase women’s descriptive representation in parliament. Despite women’s underrepresentation, we find little support for positive action measures, and in particular for legal gender quotas. Binary logit analyses show that support for the introduction of positive action measures is not affected by citizens’ perceptions about the share of female members of parliament. However, experimental data reveal that receiving information about women’s actual proportion in parliament has an impact on citizens’ support for gender quotas, in particular among those who overestimate women’s representation. Once they learn that the actual share is lower than they thought, they are more likely to support the introduction of quotas. This indicates that support for positive action measures can be changed through providing the correct information.

Surface and Underground Geomechanical Characterization of an Area Affected by Instability Phenomena in Zaruma Mining Zone (Ecuador)

In the last decade, in the mining district of Zaruma-Portovelo, there has been significant land subsidence related to uncontrolled mining activity. The purpose of this work was to carry out a surface and underground geomechanical characterization of a mining sector north of the city of Zaruma that allows the definition of potentially unstable areas susceptible to the mass movement. The methodology used consists of the following stages: (i) compilation of previous studies; (ii) surface and underground characterization of rocky material to establish its susceptibility to mass movement; (iii) interpretation of results; and (iv) proposal of action measures. Among the most relevant results, it stands out that 26.1% of the 23 stations characterized on the surface present conditions that vary from potentially unstable to unstable. In underground galleries, the studied mean values of the 17 stations indicate that the rock has a medium to good quality, representing a medium susceptibility to gallery destabilization. The results obtained for the surface areas (depths up to 50 m, where altered materials predominate) and the underground areas (depths > 50 m, where the alterations are specific) can be used to identify the areas with a more significant potential for instability. For both cases, it has been possible to define specific monitoring, control, and planning actions for sensitive areas.

Fast Falling Weight Deflectometer Method for Condition Assessment of RC Bridges

In this paper, the use of Fast Falling Weight Deflectometer (Fast-FWD) is analyzed as a non-destructive and quick test procedure to evaluate the efficiency of short-span bridges. The Fast-FWD is an instrument that can produce a broadband dynamic force up to an impact value of 120 KN: The impact is constant and replicable, providing accurate action measures of bridge stiffness in a truly short period (30 ms). In this paper, a single-span reinforced concrete bridge is investigated, using the Fast-FWD. The considered bridge, approximately 12.0 m long and 15.5 m wide, was in critical condition. The bridge is in a suburban principal road near to the City of Cagliari in Sardinia (Italy), with an Annual Average Daily Traffic of 13,500 vehicles/day, and was suddenly closed, creating serious problems for urban mobility. In these conditions, the investigation through other standard techniques is time-consuming and labor intensive. For this reason, it is important to introduce methods that can be rapid, accurate and cost-efficient. In this paper, bridge stiffness values obtained during the in situ experimental campaign were compared with finite element models values. The Fast-FWD has the potential to provide engineering information that can help us to better understand bridge condition, in a rapid and cost-effective procedure.

Employee Reactions to Positive Action Policies in the United Kingdom: Does Justification Matter?

Affirmative action remains a contentious topic in both research and practice. While advocates suggest that such action is necessary to overcome demographic imbalances in the labor market, some research shows that these policies can prompt intergroup conflict that negates their value. While positive discrimination (i.e., recruiting or promoting solely based on a protected characteristic) remains illegal in the United Kingdom, organizations have increasingly begun adopting positive action measures (i.e., measures aimed at alleviating disadvantage or under-representation based on protected characteristics). However, there is little research looking at how these policies specifically affect employee attitudes or how different organizational justifications moderate these effects. This lack of research is even more notable in the UK context. In two experimental studies of UK professionals (N = 350) we find that perceived organizational justice explained the relationship between positive action and affective commitment / turnover intention. However, organizational justification had no effect on this relationship.

Untangling discrimination in the private sector workplace in South Africa: Paving the way for Black African women progression to managerial positions

Black African women in South Africa are poorly represented at managerial levels in the South African private sector since the advent of democracy. Their exclusion at these occupational levels persists despite the Employment Equity Act 55 of 1998 (EEA) requiring that the private sector must ensure that all occupational levels are equitably represented and reflects the demographics of South Africa. The South African private sector demonstrates its lack of commitment to proliferating black African women into managerial positions by deliberately engaging in race-based recruitment and failing to develop and promote suitably qualified women into managerial positions. As such, the private sector is failing to create upward mobility for black African women to break the glass ceiling. The EEA requires the private sector to apply affirmative action measures in order to achieve equity in the workplace. It is submitted that since 1998, the private sector has been provided with an opportunity to set it own targets in order to achieve equity. However, 22 years later, black African women are still excluded in key managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets.This approach has failed to increase the representation of black women in managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets. Whilst this approach seeks to afford the private sector importunity to set its own target, this approach has failed to increase the representation of black women in managerial positions. Employing black African women in managerial levels enhances their skills and increases their prospects to promotions and assuming further leadership roles in the private sector. This paper seeks to show that the progression of black African women requires South Africa to adopt a quota system without flexibility that will result in the private sector being compelled to appoint suitably qualified black African women in managerial levels.

Mental illness, harassment and labour laws: Some thoughts on harassment by employees suffering from mental illness

Section 23 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair labour practices. Section 9 of the Constitution prohibits unfair discrimination directly or indirectly against anyone on one or more grounds, including among others disability. In terms of section 6(1) of the Employment Equity Act (EEA), no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including among others disability or on any other arbitrary ground. Section 6(1) applies to employees, which includes applicants; but it is only limited to conduct occurring within the scope of an “employment policy or practice”. In Marsland v New Way Motor & Diesel Engineering (2009) 30 ILJ 169 (LC), the court concluded that discrimination based on the fact that a person suffers from a mental health problem, has the potential to impair the fundamental dignity of that person as a human being, or to affect them in a comparably serious manner. Consequently, discrimination based on mental illness must be treated as a prohibited ground of discrimination. However, as it was pointed out in Hoffmann v South African Airways 2001 (1) SA 1 (CC), it may in some instances be justified to discriminate on the ground of mental illness, if it is proved that the discrimination is based on an inherent requirement of a job. Section 15 of the EEA requires that, when the employer implements affirmative action measures, he/she must make reasonable accommodation for people from designated groups, in order to ensure that they enjoy equal opportunities and are equitably represented in the workforce of a designated employer. Section 1 defines “reasonable accommodation” as “any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate or advance in employment”. Section 6(3) of the EEA provides that harassment is a form of discrimination and is prohibited among others on the ground of disability or any other arbitrary ground. Harassment is also a form of misconduct. The employer is required to take reasonable steps to prevent harassment and failure to do so, the employer is liable for such harassment. Where an employee who has a mental illness, commits an act of harassment against another employee, the employer should take into account its duty to reasonably accommodate the offending employee, the duty to take steps to prevent harassment and the fact that it may be automatically unfair to dismiss an employee for misconduct which was committed because of mental illness.