A/79/316 39. In India, reservations in higher education are provided to “scheduled castes”, “scheduled tribes” and “other backward classes”. This includes subsidized financial assistance and fellowships enabling students from marginalized castes to pursue higher education, including through study loans and scholarships for overseas education. 47 In 2003, the Siddis, who are people of African descent in India, were categorized as scheduled tribes (Indigenous), a classification that has enabled them to gain access to special measures in education and employment. 40. Brazil has been described as a “regional leader in affirmative action policies in employment and education for people of African descent and other marginalized groups”. 48 Some states in Brazil began to introduce special measures regarding tertiary education in the early 2000s. These policies were subject to legal challenge, with claims that the policies were discriminatory. However, on 26 April 2012, the Federal Supreme Court of Brazil unanimously held that racial quotas in education were constitutional, and on 29 August 2012, Brazil adopted the Quota Law (Law No. 12.711), which mandated that federal higher education and technical institutions reserve places for people of African descent, Quilombolas, Indigenous Peoples, public school graduates and low-income students. 49 41. The Committee on the Elimination of Racial Discrimination welcomed the Quota Law, which it described as an affirmative action law that has significantly increased the enrolment of people of African descent in institutions of higher education. 50 In the 2017 universal periodic review of Brazil, the Government reported that the number of allocations to Brazilians of African descent in higher education had grown from 37,100 in 2013 to 82,800 in 2015. 51 Conversely, universities with race-neutral policies saw no significant changes in the racial profile of their students. There is also evidence that the quota system has increased the enrolment of disadvantaged students not explicitly targeted by the policie s, namely students with parents with a low level of education. 52 42. In Australia, there is financial support available to Aboriginal and Torres Strait Islander students or apprentices to assist with school and boarding fees, living and travel costs and the costs of school materials. 53 In 2002, a non-Indigenous student brought a legal claim against the Government of Australia for allegedly discriminating against him racially, as he was ineligible for such financial support. The court dismissed the claim, finding such payments to be a spec ial measure. 54 Similar, “softer” measures, such as scholarships and financial aid for Indigenous Peoples, are also available in several other States, including Canada, Chile, Fiji and Indonesia, and Taiwan Province of China. 55 __________________ 47 48 49 50 51 52 53 54 55 14/24 Government of India, Ministry of Social Justice and Empowerment. Available at https://socialjustice.gov.in/scheme-cat. A/HRC/27/68/Add.1, para. 25. OHCHR, Protecting Minority Rights, pp. 61 and 62. CERD/C/BRA/CO/18-20, para. 18. A/HRC/WG.6/27/BRA/1, para. 53. Renato Schwambach Vieira and Mary Arends-Kuenning, “Affirmative action in Brazilian universities: effects on the enrolment of targeted groups”, Economics of Education Review, vol. 73 (December 2019). See www.servicesaustralia.gov.au/abstudy. Federal Magistrates Court of Australia (FMCA), Bruch v. Commonwealth, FMCA No. 29, 2002. Gisselquist, Schotte and Kim, Affirmative action around the world, p. 10. 24-15073