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Submission on the National Action Plan Against Racism

Irish Traveller Movement
Submission to the development of the National Action Plan Against Racism

Introduction

The Irish Traveller Movement (ITM) welcomes the opportunity to contribute to a National Action Plan Against Racism (NPAR), ITM also believe that the development of such a plan is opportune in the current climate of spiralling racism and intolerance in which Ireland and indeed much of Europe finds itself.

Although issues of racism and intolerance have only come to the forefront of public debate in Ireland relatively recently, in relation to the presence of new minorities, the Traveller Community (as an indigenous ethnic group and a minority) have always suffered and continue to suffer disadvantage, discrimination and racism in all areas of life.

Instances of racism towards minorities happen on a regular basis throughout Irish society in the form of direct abuse or acts of violence to more institutionalised forms of racism. A recent example of institutionalised racism is the Housing (Miscellaneous Provisions) Act, July 2002, which criminalizes Trespass. This legislation was specifically aimed at the Traveller Community and has caused extreme hardship to many families in the months since its enactment.

ITM firmly believes that any plan drawn up to deal with the issues of racism must first meet the following criteria:

Sufficient resources must be made available to ensure the plans effective implementation and to ultimately realise its goals
Key players must be involved at all stages of the plan at all levels
Concrete time frames and specific and ambitious targets are essential
Evaluation and monitoring and implementation mechanisms must be built into the plan and groups experiencing racism should play a key role in this process.

Current Situation of the Traveller Community

While the Traveller Community has always endured racism and social exclusion on the basis of their distinct identity and nomadic traditions, in recent years the climate of hostility has intensified fuelled by negative media coverage and the blatant public prejudice and bigotry of certain sections within society.1

Travellers experience discrimination and racism on a daily basis, commonly denied access to public services such as hotels restaurants and pubs they are increasingly victims of violence and harassment. In addition, since the introduction of the Housing (Miscellaneous Provisions) Act 2002, families awaiting accommodation, (whose homes are parked on the side of the road, on public and sometimes private land), now face the threat of eviction or imprisonment. A crisis situation developed in Ennis Co. Clare during the summer months in which evictions resulted in arrest, imprisonment, the destruction of Traveller homes and families being rendered homeless by the state. The crisis has become an example of the worst types of racism experienced by Travellers in Ireland.

While, the Report of the Task force on the Traveller Community 1995 was an important step towards tackling the effects of marginalisation, racism and lack of access to adequate housing, accommodation, education, employment and health-care, there has been little or no progress to date in the implementation of the recommendations of the Task Force. Furthermore, the European Commission against Racism and Intolerance (ECRI) Second Report on Ireland, June 2001, states, “improvements on the ground since the report have been [at best] disappointing.”2 The Irish Government continues to attract criticism from Europe and International human rights organisations for its’ treatment of the Traveller community, Irish Travellers are living in a situation where basic human rights are denied and racism is endemic. It is our hope that the NAPR will go some way to ensuring that all forms of racism and related intolerance will be tackled at all levels of society

In this submission ITM outlines areas of particular concern to the Traveller Community, Traveller groups and Representatives, under the key themes of the proposed NPAR as laid down by the Programme for Action of the WCAR.

Section I – Legislation

ITM recommends the strengthening, amendment, or in some cases withdrawal, of existing legislation and the introduction of new legislation in the following areas:

Accommodation

The Housing (Miscellaneous Provisions) Act, 2002 is racist legislation and clearly incompatible with efforts by the government to introduce a NPAR. The legislation was rushed though the Dáil, with assurances from the Government that it would not be used against Travellers families living on the side of the road. There are currently 1,200 Traveller families living in camps or on the side of the road, awaiting accommodation and without access to basic services. In the months since the enactment of the legislation there has been a clear targeting of these most vulnerable families with incidences of large families with young children being moved onto dual carriageways or hounded around localities by the Gardai, who in most cases are acting on behalf of local authorities. The situation continues and it is essential the NPAR challenges this legislation. In effect these evictions are a breech of international standards on human rights.
The Housing (Traveller Accommodation) Act 1998, requires local authorities to prepare, adopt and implement five year Traveller Accommodation programme. To date there has been little or no improvement at a local level. Out of a recommended 2200 units of Traveller specific accommodation nation-wide only 129 have been provided. It is clear that resistance and hostility of local authorities and local communities to planned developments has virtually blocked any progress in this area. Through the NPAR ITM would like to see the Housing (Traveller Accommodation) Act strengthened and measures taken to ensure the provision and implementation of Traveller Accommodation.
Legislation needs to be enacted which will protect the nomadic heritage of the Traveller Community, currently aspects of the housing Act and the Roads Act effectively criminalize and penalise nomadism. If a NAPR is to be effective this crucial aspect of Traveller heritage must be protected.

Equal Status Act 2000

It is necessary that the Equal Status Act be amended and strengthened to widen the grounds covered by the Act to include: protection in relation to socio-economic status, prisoners and membership of trade unions. In effect it must meet EU Equality Directives in all areas.
The referral of the legislation to the Liquor Licensing Commission will only dilute the powers of the Equal Status Act. It is unconscionable that groups with a vested interesting in amending the legislation to their benefit be allowed power over its review.
Section 15 of the Equal Status Act must be amended: it currently allows for direct discrimination by service providers in certain circumstances.3 Section 15 directly impacts on Travellers as illustrated by the volume of cases taken against licence holders though the ODEI.
The process of seeking redress under the Equal Status Act must also be changed as the current requirements often hinder applicants in completing the process. Time limits and the onus on the victim to notify the compliant in writing are obstacles to the full implementation of the law. Extra resources must also be made available to assist community groups/advocacy groups to deal with the large volume of Traveller cases being taken by the Equality Authority under the Equal Status Act

Prohibition of Incitement to Hatred Act 1989

The current review of the Act needs to be concluded as soon as possible. In recent years highly inflammatory comments by public figures, racist reporting in the media and extreme incidences of public racism against Travellers and other minorities have continued to increase with little or no recourse to the legislation. To date the Act has been shown to be ineffective and pending the completion of the review ITM hope that the grounds for prosecution will be broadened and strengthened and that the issue of facilitating successful prosecution will be addressed. Individuals as well as groups need to be empowered to take cases under the legislation.

The Control of Horses Act 1996

The Control of Horses Act and the way it has been implemented is putting intolerable strain on aspects of Traveller culture and has had a detrimental effect on traditional Traveller economy. As a direct result of the Act local authorities introduced discriminatory by-laws, with conditions that Travellers would not be able to meet. In the drawing up of the by-laws no attention was paid to the needs of Travellers or settled people affected by the legislation, illustrated by the uniformity of local authorities’ by-laws. The by-laws penalise Travellers for being marginalized and demand Travellers meet impossible conditions. The legislation and its implementation need to be urgently reviewed.4

Education

Many schools throughout the country are putting barriers in place to prevent or restrict Traveller children registering. Legislation and guidelines are there to deal with this but incidences are not being legally challenged. The NAPR must reinforce the legislation covering this type of racism and discrimination and support the empowerment of people who wish to pursue incidences through the courts.
Traveller children also experience direct racism in schools from students and teachers, this situation is not being dealt with by either the schools themselves or the Dept. of Education. While the system of segregated classes is more or less a thing of the past direct racism of the type experienced by Traveller students on a day-to-day basis, must be challenged through the strengthening of existing legislation. It must be noted that this type of racism prohibits the progression to second level, thereby severely limiting the further education and employment opportunities of Traveller children.

ITM calls for the development and national implementation of an intercultural curriculum. Materials and resources for the effective teaching of an intercultural curriculum must also be developed and implemented. This is an essential step towards the creation of an inclusive intercultural society.

Media

The media must be subject to a reviewed and strengthened Prohibition of the Incitement to Hatred Act. Currently the need to prove intention to incite hatred or the likelihood to stir up hatred needs to be amended. The Media is dealt with more comprehensibly in Section IV.

European Directives and International Conventions

Ireland must fulfil its commitments under European Directives and International Conventions. ITM deems it essential that the ‘Race Directive’ which commits EU Member States to the implementation of the principal of equal treatment between persons irrespective of racial or ethnic origin in the employment and non-employment areas,’ be entered into domestic legislation immediately, in line with EU requirements.

ITM also believes that all new and existing legislation must be screened or proofed to determine any negative or unequal impact on members of all minorities including Travellers. Equality and Racist proofing must become standard practice for the legislature. Mechanisms need to be developed, in consultation with minority groups, to ensure the effective and comprehensive screening of legislation.

Section II - Policies and Practices

There is an obvious need for equality and anti-racist training in the public and private sectors. National Training Programmes need to be developed which ensure that state and social institutions, and the private sector do not discriminate and address cultural and religious diversity. From a Traveller perspective the greatest need for training is manifest at ground level in relation to local authorities and the education system.

As stated in the First Progress Report of the Committee to Monitor and Co-ordinate the Implementation of the Recommendations of the Report of the Task Force on the Travelling Community 2000, “the distinct culture and identity of the Traveller Community is a central issue to Travellers and they should receive proper recognition. It is not fully understood and accepted by officials and elected representatives at local level who are responsible for the implementation of many of the Task Force Recommendations.”

The ECRI report 2001 stresses the need “to ensure that teachers providing education for Traveller children receive appropriate training and guidance, particularly since there are no teachers from the Traveller Community itself due to the qualifications required.” ITM fully supports this view and it is essential that the NPAR recommends and ensures the implementation of this type of specific training across the board.

There is an urgent need for comprehensive and secure data gathering mechanisms on the incidence of racism and discrimination and the situation of minority groups. ITM believes that NPAR policy development must go hand in hand with the development of these systems.

Section III – Building an Inclusive and Intercultural Society and Awareness Raising

ITM believes that the cycle of political under-representation and misrepresentation must be addressed. Travellers and minority groups in general, suffer marginalisation, which is exacerbated by political exclusion. The WCAR commits states to ‘ensure that their political and legal systems reflect the multicultural diversity within their societies and […] improve democratic institutions so that they are fully participatory and avoid marginalisation, exclusion and discrimination. In addition all Irish political parties have committed to an anti-racist protocol, which has been ignored in certain political campaigns in recent years.
ITM believes that the continued autonomous evolution of core institutions, which monitor and protect human rights and guard against racist practice, must be encouraged. The NCCRI, The Equality Authority and the Human Rights Commission can only have their role strengthened by the emergence of an inclusive NPAR, nevertheless they must continue to be adequately resourced to enable them to function fully and independently.

From a Traveller perspective building the advocacy skills of minority groups is an essential strategy in building an inclusive and intercultural society. Resources must be allocated to ensure that minority groups can develop these skills. Nevertheless, the advocacy development must remain independent of the administrative influence, to ensure a non-partisan approach.

Full representation and consultation with community and voluntary sector groups, minority organisations and representatives must also inform the workings of the NCCRI, The Human Rights Commission and the Equality Authority.

Traveller Groups previously involved in a partnership approach to the development of anti-racist practice were disillusioned by the Government’s decision to by-pass consultation when the Criminalization of Trespass was tabled. The voice of Travellers needs to be heard and acted upon if there is to be any progress in the NPAR. Resources are again the key issue to equal participation; Traveller groups and those of other ethnic minorities must be adequately resourced to participate in the development of anti-racist practices and structures as defined by the NPAR. Without this full participation the ideals and initiatives of the NPAR run the risk of never getting of the ground.

Without adequate resources for the implementation of the initiatives and strategies defined in the NPAR there can be no progress. In addition, mechanisms must be put in place, with targets and times frames, to ensure the delivery of the actions identified. Evaluation and monitoring and implementation will remain crucial to the whole process and as previously stated this must reflect the input of minority groups.

Section IV – Communications and the Media.

While some sections of the media are responsible in their approach to minorities, it must be noted that there is a disturbing lack of adherence to the ethical principals of research and reporting among many journalists. The language used by sections of the media to report minority and in particular Traveller issues is inflammatory, racist and could often be considered illegal in the context of the Prohibition of the Incitement to Hatred Act.
The ECRI report on Ireland June 2001 states, “A particular problem which has been noted is the use of radio phone in programmes by members of the public as a platform for airing […] racist views.” The report notes that such reporting fuels public prejudices and the ECRI urges the media to apply codes of self-regulation. The ITM fully supports this and calls for the creation of an Independent Press Council, which has control over the implementation of Media codes of practice.
Journalists and Media professionals require intense and obligatory anti-racist and awareness training preferably as part of the journalist schools curriculum.
Minority groups also need greater access to the Media; they are currently not reflected in the national media in any positive or constructive way.
There must be a process of active recruitment of minorities into the Media
ITM also notes with concern that there has been a disturbing growth of Racist Sites specifically targeted at the Irish Public, ITM calls for legislation to effectively outlaw the existence of these sites.