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1Towards aNational Action PlanAgainstRacism in Ireland

Department of Justice, Equality and Law Reform

March 2002

TNAARi

Towards aNational Action PlanAgainstRacism in Ireland

A Discussion

Document to

Inform the

Consultative Process

Preface

The development of a National Action Plan AgainstRacism in Ireland (NPAR) represents a significantopportunity to both build upon and enhanceexisting policies and strategies to address racism inIreland and to identify new priorities, aspirationsand areas of work that can be drawn together intoan overall, cohesive plan.

A number of factors provide a strong rationale fordeveloping a NPAR at this point in time in Ireland:• The increased recognition of the serious

challenges posed by racism at global, regionaland national levels and the need for greaterconsistency and effectiveness on how thesechallenges are addressed.

• Increased awareness of the value of culturaldiversity at global, regional and national levelsand the need to build inclusive, intercultural andequality priorities into public policy.

• The specific outcomes from the WorldConference Against Racism, in particular Irishgovernment commitments to the Declarationand Programme of Action arising from theConference.

• The increased potential of strengtheningNorth/South co-operation and partnership inaddressing racism within Ireland.

Towards the Development of a National Action Plan Against Racism In Ireland - A Discussion Document to Inform The Consultative Processii

Contents page

Section One: Introduction 2

Section Two: Outline Framework for the National Action Plan Against Racism 5

Section Three: Contexts 7

Section Four: Outcomes of the WCAR and Preparatory Phases 10

Section Five: Existing Government Commitments to address Racism 15

Annex One: Easy Reference Guide to Outcomes of the European 24Conference and World Conference Against Racism

Annex Two: Glossary of Key Terms and Concepts 27

Annex Three: International And European Legal Instruments 27Relevant To Combating Racism, Racial Discrimination,Xenophobia And Related Intolerance

Towards the Development of a National Action Plan Against Racism In Ireland - A Discussion Document to Inform The Consultative Process iii

Towards the Development of a National Action Plan Against Racism In Ireland - A Discussion Document to Inform The Consultative Processiv

Minister for Justice,Equality and LawReform

John O Donoghue, TD

Foreword

It gives me great pleasure to launch the consultative phase of the preparation of a National Action Planagainst Racism.

The preparation of a National Action Plan is a commitment emerging from the World Conference against Racism held inDurban, South Africa, in September, 2001. A key element of Ireland's successful participation in the Conference was thetruly representative nature of the Irish delegation including as it did, Government and Opposition parliamentarians,trade unionists, members of ethnic minorities,Travellers, representatives of non-Governmental organisations, specialisedand other national bodies as well as civil servants from the relevant Government Departments. I hope to continue thatsuccessful participation through the process of preparing the National Action Plan.

The Government has set as a priority the tackling of racism and, given that it has implications for a widevariety of Departments, has designated the Cabinet Committee on Social Inclusion to have oversight of thepreparation of the National Plan.

The aim of the planning process is to produce a strategy for tackling racism and for promoting an inclusivesociety, by defining what integration actually means in practical terms, pulling together existing policies andidentifying new initiatives to achieve the goal of integration.

The purpose of this Discussion Document is fourfold:• To set out the overall process, including the consultative process, for the development of the National

Action Plan Against Racism

• To outline a draft framework for the Plan, which will be developed as an outcome of the consultationprocess.

• To provide contextual information for the development of the Plan.

• To identify existing government commitments to addressing racism as a basis for inclusion and furtheraction in the development of the Plan.

I am proud of what has been done to date in Ireland since the European Year Against Racism in 1997. Irecognise that we face new challenges, and new responses will be needed, not only by Government but alsoby the social partners, local authorities, community and voluntary groups and religious organisations.

I look forward to receiving your contribution to this national debate.

John O'Donoghue T.D.Minister for Justice, Equality and Law Reform.March, 2002.

Towards the Development of a National Action Plan Against Racism In Ireland - A Discussion Document to Inform The Consultative Process 1

IntroductionThe World Conference Against Racism, RacialDiscrimination, Xenophobia and Related Intolerance(WCAR) was held in Durban, South Africa inSeptember 2001 under the aegis of the Office of theUnited Nations High Commissioner for HumanRights. For the first time in the history of the UnitedNations, a global conference on racism successfullyconcluded with significant agreement among theparticipating countries. It reflects the sharedrealisation that if racism is to be effectivelychallenged, it requires a coherent and effectiveresponse within States and between States

The consensus that was reached in Durban was allthe more remarkable because of the politicalconflict and divisions that exist at a global level,most notably the on going crisis in the Middle East.The WCAR was also remarkable for the support itreceived from countries that are still dealing withthe historical legacies of colonialism and slavery,issues which have posed insurmountable barriers toprevious global summits on racism.

The impact of the WCAR will eventually be measuredby the extent to which action is taken at national,regional and global levels on the commitmentscontained in the key texts arising form the conference,which are the Declaration and Programme of Action.

One of the key commitments entered into byparticipating States, including those from Europe, wasthe development of national action plans againstracism. The WCAR Programme of Action urges States‘to establish and implement without delay nationalpolicies and action plans to combat racism, racialdiscrimination, xenophobia and related intolerance’.1

The Programme of Action further urges States to‘create conditions for all to participate effectively indecision-making and realise civil, cultural,

economic, political and social rights in all spheres ofon the basis of non-discrimination’.2

The Programme of Action is also clear about therole for specialised, other bodies and more broadlycivil society in ‘designing, implementing andevaluating policies and programmes’ related toaddressing racism3.

The aims of this discussion paper, which alsodetermines its structure, are as follows:• To set out the overall process, including the

consultative process, for the development of theNational Action Plan Against Racism (NPAR) inIreland.

• To outline a draft framework for the Plan, whichwill be developed as an outcome of theconsultation process.

• To provide contextual information for thedevelopment of the NPAR in Ireland.

• To identify existing Government commitments toaddressing racism as basis for inclusion and furtheraction in the development of the NPAR in Ireland.

The outcomes of the World Conference AgainstRacism contain important and in parts historiccommitments to address racism at global, regionaland national levels. While it is remarkable that finalconsensus was reached, it is also the case thatmany governments, Non GovernmentalOrganisations (NGO’s) and specialised bodies wouldhave preferred the text to be stronger and morespecific in key sections.

This was not possible because of the need to buildand maintain consensus at a global level in fragilepolitical circumstances. In short, the PoliticalDeclaration and Programme of Action, which are thespecific outcomes from Durban, should be viewed asa base rather than a ceiling for the development ofeffective measures to address racism, including thedevelopment of National Action Plans.

Towards the Development of a National Action Plan Against Racism In Ireland - A Discussion Document to Inform The Consultative Process2

1 Paragraph 66 of the WCAR Programme of Action 2 Paragraph 99 of the WCAR Programme of Action3 Paragraphs 99 and 191of the WCAR Programme of Action

Consultative Process

There are strong commitments in the WCAR textsto the involvement of civil society, including NGO’sand specialised and other bodies in thedevelopment of a NPAR. The following is an outlineof the proposed consultative process, leading to thedevelopment of the NPAR in Ireland.

National Consultative Conference, March28th 2002

A national conference ‘Towards the Development ofa National Action Plan to Address Racism in Ireland’which will take place in the Royal HospitalKilmainham on March 28th 2002. The conference isbeing organised by the Department of Justice,Equality and Law Reform and the Department ofForeign Affairs in association with the EqualityAuthority, the Irish Human Rights Commission and

the National Consultative Committee on Racism andInterculturalism (NCCRI). The aim of the conferencewill be to commence the consultative process of thenational action plan and will include inputs fromthe Office of the Irish Government, representativesfrom national specialised and expert bodies andrepresentatives from NGO’s working with minorityethnic groups in Ireland. This discussion paper isaimed at helping to inform the discussions at thenational consultative conference and subsequentregional and thematic meetings.

Regional and Thematic ConsultativeSeminars

Following the national consultative conference,there will be a number of regional and thematicseminars, with the aim of both broadening anddeepening the consultative process. It is intendedthat the outcomes from the national conference


The Overall Process

There are a number of overall steps to be taken in the drawing up of the NPAR in Ireland. These aresummarised as follows, with indicative timescales, which may be subject to change.

Phases of the Overall Process Timescale (Indicative)

Consultative Process: March-July 2002For details, see next section.

Finalisation of the NPAR: October 2002Content, approach, resource implications.

Submission of the NPAR to Government: November 2002Endorsement by the Government.

Publication, and laying before the Oireachtas: January 2003Dissemination/highlighting of key commitments.

Setting up of implementation and monitoring structures: February-March 2003Details to emerge from the consultative process.

Annual review/evaluation of implementation of NPAR Annual/ContinuingAnnual report, monitoring and evaluation.

will help to inform the focus and structure of thethematic and regional seminars.

Written Submissions

During the consultative phase, written submissionsfrom interested parties will also be encouraged.Closing date for the receipt of written submissionsis July 31st 2002.

Establishment of a steering group

A steering group will be established to oversee thedevelopment phase of the plan, up to theestablishment of a monitoring mechanism tooversee the implementation and review of theNAPR. The composition of the steering group willreflect the need to be inclusive of Government,specialist and other bodies and more broadly, civilsociety.


Section Two

Outline Frameworkfor the NationalAction Plan AgainstRacismThis section sets out an outline framework for thedevelopment of the National Action Plan AgainstRacism (NPAR), to be completed following theconsultative process outlined in section one. TheFramework is based on the ‘Checklist of Areas forNational Action Plans’ developed by the Council ofEurope and adapted to the suit the context in Ireland.The final structure of the NPAR may be different tothis checklist, following the consultative process.

The final plan will also seek to take into accountand learn from other national action plans beingdeveloped in other jurisdictions and national plansin other areas of concern in Ireland, including theNational Plan for Women and the National AntiPoverty Strategy.

The Outline Framework of the NPAR is proposed asfollows. Parts one to four will be developed fromthe outcomes of the consultative process, thisdiscussion paper and the key texts referred to insection three. Part five outlines the key themes ofthe proposed NPAR. The headings are indicativeand will be revised if necessary to take into accountthe outcomes of the consultative process. Undereach heading it is intended to develop quantifiabletargets, where appropriate, against which progresswill be measured as the plan is implemented.

The themes and paragraphs referred to are drawnfrom the Programme of Action of the WCAR.However, it is also intended to draw from theEuropean Conference Against Racism and theIreland National Preparatory Conference in thedevelopment of the NPAR in Ireland.

1. Introduction, background andcontexts

2. Aim and Objectives of the Ireland NPAR

3. Overall Approach

4. The Forms and Manifestations ofRacism in Ireland

5 Government Strategy

5.1 Legislation

- Legislative. Judicial, regulatory, administrativeand other measures (paras 66-74).

- Ratification of the effective implementationof the relevant international legalinstruments (paras 75-83).

- Prosecution of perpetrators of racist acts(paras 84-89).

- Establishment and reinforcement ofindependent specialised national institutionsand other bodies (paras 90,91).

5.2 Policy and Practices

- Data collection and disaggregation, researchand study (paras 92-98).

- Policies, including positive action, to ensurenon-discrimination in areas such as socialservices, employment, housing, education,health care etc (paras 99-102).

- Employment (paras 103-108).

- Health, environment (paras 109-111).

- Equal participation in political, economic, socialand cultural decision-making (paras 112, 113).

- Role of politicians and political parties (para 115)

5.3 Strategies to build an inclusive andintercultural society

- International framework (para 177)

- Co-operation (paras 182, 183, 186, 187, 188, 191)


- NGOs (paras 213, 214)

- Private sector (para 215)

- Youth (paras 216, 217, 218)

5.4 Education and Awareness Raising

- Access to education without discrimination(paras 121, 124)

- Human Rights (paras 121, 123)

- Education for children and youth (paras 129,132)

- Awareness raising for public officials andprofessionals (paras 133, 139)

5.5 Information, Communication and the Media,including New Technologies

5.6. Provision of Effective remedies, recourse andredress

- Legal assistance (paras 160-162)

- National legislation and programme (paras163, 164)

- Remedies (paras 165-166)

6. Implementation of the NPAR

- Including resources, monitoring structures,summary of targets.

- North/South dimension

7. Review and Evaluation Indicators,research, further consultation


Section Three

ContextsThe structure of this section is divided into twoparts. The first part provides a brief overview ofracism in Ireland. The second part provides a profileof diversity in Ireland.

1. Racism In Ireland

In recent years there has been a commencement of apublic debate and dialogue about racism in Ireland.To date, this debate has often been robust, and attimes conflictual, but has generally been constructiveand reflective of the widely held concern byrepresentatives of Government and broader civilsociety that racism deprives people of their basichuman rights, dignity and respect and is a threat tosocial and economic cohesion within States.

The public debate about racism has sometimes beenlimited in scope, with racism sometimes reduced to,or equated with a discourse concerning issuesaround immigration, refugee and asylum policy.These issues have a centrality to the present debate,but a narrow focus on these policy issues on theirown only provides us with an incomplete picture andunderstates other forms of racism in Ireland.

Reducing the discourse on racism to a discussion onmigration and asylum policy can also have the,albeit often unintentional, outcome of reinforcingthe perception that racism is only experienced byrecent migrants and that ethnic and culturaldiversity in Ireland is solely as a consequence ofrecent migration.

There are different forms of racism in Ireland, whichare identified as:• Racism experienced by Travellers on the basis of

their distinct identity and nomadic tradition.

• Racism experienced by recent migrants, whichincludes migrant workers, refugees, asylumseekers and students studying in Ireland.

• Racism experienced by ‘people of colour’ andminority ethnic groups, including black peopleon the basis of their skin colour and ethnicand/or national identity, irrespective of theirlegal status.

• The intersection between racism and othergrounds of discrimination, including gender,disability and sexual orientation.4

The blaming of minority ethnic groups for creatingracism in Ireland and the adoption of racist sloganssuch as ‘Ireland for the Irish’ and the use of emotivelanguage that refers to ‘invasions’ and ‘colonisation’by a small number of groups and individuals inIreland, has a resonance with the language adoptedby extreme organisations in other Europeancountries. To date, there has been little evidence ofsuch groups being widely supported, althoughsome others may quietly share their views

It is to be welcomed that there is a broad consensuswithin political parties in Ireland to address racism.All the parties in the Oireachtas have signed andreaffirmed an anti racism protocol governing theconduct of elections, which gives a commitment tosending a clear and positive message to theirconstituents that they reject racism.

The potential for racism to be perpetuated throughthe systems or structures of institutions is an issuethat is also beginning to receive attention inIreland. A number of statutory bodies are aware ofthis potential and are actively developingawareness raising programmes and training forstaff and bringing in anti racism commitments aspart of a broader approach to equality.


4 These intersections were recognised as an important issue in the

WCAR Programme of Action.

Manifestations of Racism in Ireland

There are at least two overall manifestations ofracism in Ireland can be summarised as follows:

Racism at an Individual Level

Examples of racism at an individual level includeassault and abuse directed at people from minorityethnic groups. A number of high profile caseshighlighted by the media in recent months, reportsof harassment and the distribution of racistliterature indicate that individuals are experiencingthis form of racism.

Racism at an Institutional/Systemic Level

There is increasing recognition of the need toaddress racism at an institutional/systemic level. Thisform of racism, often unintentional, can be causedthrough ignorance and lack of thought or adequateplanning. The outcome of these processes cancontribute to failure in or weaker service provision tominority ethnic groups. The potential for institutional/systemic racism to impact on service provision washighlighted by the MacPherson Report into theMetropolitan Police in Britain.

Attitudinal Surveys

A recent review of all existing surveys5 of attitudestoward minority ethnic, surveys of minorityexperiences of discrimination made a number ofconclusions, including:• The degree of hostility expressed toward

minority ethnic groups, has increasedmeasurably and is particularly strong in relationto particular groups, including black people,Roma and Travellers and refugees and asylumseekers.

• Profiles of respondents show that levels ofhostility are evident at all levels of society ofsociety and in both a rural and urban context.

• Negative attitudes experienced by minorityethnic groups now appears to be an everydayfeature of many people’s lives.

2. Profile of Diversity in Ireland

The following part of the discussion report,provides a brief overview of diversity in anincreasingly multicultural Ireland.

Minority Ethnic Groups, IncludingTravellers in Ireland.

The Traveller community, an indigenous Irish group,has an estimated population of 22,000 people andremains the largest minority ethnic group in Ireland.

There has been a long established Jewishcommunity and growing Islamic, Asian and Chinesecommunities in Ireland. There are now refugees andasylum seekers from over 100 countries in Irelandincluding Vietnam, Bosnia, Kosovo, Nigeria,Romania, Algeria, Congo, Somalia and from ethnicgroups that transcend geographical boundaries,such as the Roma and the Kurds.

In Ireland there are now more visible populations ofblack Irish and other EU and non-EU citizens livingin Ireland who experience racism on the basis ofskin colour and ethnic origin.

There is a now a significant body of research on thelevel of exclusion and discrimination experiencedby the Traveller community in Ireland and morerecently there is a growing body of work on therefugee and asylum community. However thereremains significant gaps in our knowledge inrelation to Travellers, refugees and asylum seekersand even more so in respect of the experience ofother black and minority ethnic groups in Ireland.There is some information on the extent andorigins of people migrating into Ireland in recentyears, although this information is notdisaggregated on ethnic grounds.


5 Garner, S and White, A. Racist Attitudes in Ireland: Baseline Research for

the Anti Racism Public Awareness Programme. Know Racism. 2002

Inward migration into Ireland

Between 1995 and 2000, half of the totalimmigration into Ireland was returned Irishmigrants. The rest of the EU and the USAaccounted for 38% of total inward migration withonly 12% from the rest of the world (table one).

Table One: Inward Migration to Ireland,1995-2000 (CSO)6

Origin Percentage NumberReturned Irish 50% 123,100UK 18% 45,600Rest of EU 13% 33,400USA 7% 16,600Rest of world 12% 29,400

Refugees and Asylum Seekers

The number of asylum seekers to Ireland hasincreased in recent years and has levelled out atapproximately 11,000 per year. This is slightly higherthan the EU average per head of population, but itis also the case that the total number of asylumseekers and refugees in Ireland is much less thanmany other EU countries per head of population asthere was virtually no asylum seekers coming toIreland before 1996. The main countries of origin forasylum seekers in Ireland in 2000 was Nigeria(3,404), Romania (2,384), the Czech Republic (403),Moldova (388), Congo DR (358).

Migrant Workers

Because of skills and labour shortages in Ireland,Irish businesses and employers have been activelyrecruiting outside of the European Economic Areain recent years. In 1999 there were 6000 workpermits issued, in 2000 there were 20,000 issuedand in 2001 this figure had increased to 36,000.7.The main countries of origin are Latvia, USA,Philippines, Czech Republic and Poland. Almost

40% of migrant workers coming to Ireland in 2001were from EU accession countries, such as Poland,Latvia and the Czech Republic. Most migrantworkers in 2000 were employed in the servicesector (37%), hotel and catering (22%), agricultureand fisheries (17%), industrial (10%) and the medicaland nursing sector (8%). It is important to note thatmany migrant workers will only want to remain inIreland for a short time, in order to remit moneyand to return to their home countries after a fewyears. Others will be in Ireland for longer periodsand may seek long term residency or Irishcitizenship.

Students

Many third level institutions actively recruitstudents from both within and outside theEuropean Union. Table Two highlights the origin ofthird level students in Ireland. It shows that NorthAmerica and Europe account for 85.5% of all theforeign students in Ireland.

A recent study8 has shown that 8% of thesestudents had experienced negative attitudes andbehaviour towards foreigners.

Table Two. Origin of Non-National Third LevelStudents studying in Ireland (HEA)9

Origin PercentageEurope 60.1%America - North 25.4%Asia 7.8%Africa 5.7%Oceania 0.5%America - South 0.5%


6 Mac Einri, P. Immigration Policy in Ireland in Farrell/Watt. Responding toRacism in Ireland. Veritas, 20017 A significant proportion of the 36,000 permits in 2001 were frommigrants renewing their work permits.

8 Bourke, A and Flavin M. Occasional Papers Nos 1 and 2. . ICOS, 2000

9 Table excludes temporary language students.

Section Four

Outcomes of theWorld ConferenceAgainst Racism andPreparatory PhasesThis section of the discussion document draws thekey texts that emerged from the WCAR and thepreceding national and regional conferencesagainst racism held in Dublin and Strasbourg.

The origin of these key texts is as follows:• The Ireland Preparatory National Conference on

Racism (Dublin, 5 September 2000). The aims ofthis conference were to highlight the role andpurpose of the WCAR and the EuropeanConference Against Racism, to provide a forumto discuss racism and measures needed toaddress racism in Ireland and to draw uprecommendations that would have a relevanceto the European Conference and WorldConference Against Racism. The conference wasorganised by the NCCRI in association with theDepartment of Justice, Equality and Law Reformand the Department of Foreign Affairs. It wasattended by 240 representatives of keygovernment and non-governmentorganisations. The report and its executivesummary are available at www.nccri.com.

• The European Conference Against Racism(Strasbourg, 11-13 October 2000). The aim of thisconference, which was attended by over 500people, was to prepare at European regionallevel, for the World Conference Against Racism.The Conference adopted General conclusionswhich, together with a Political Declarationadopted by Ministers of member States of theCouncil of Europe were forwarded to thepreparatory committee of the WCAR as Europe’scontribution. The European Conference was

preceded by a Forum for Non-GovernmentalOrganisations which also resulted in detailedrecommendations for action. These reports areavailable at www.ecri.coe.int

• The World Conference Against Racism (Durban,31 August – 8 September 2001). The aim of theWCAR was to act as a catalyst for renewedaction against racism at universal, regional andnational levels. The WCAR was organised by theOffice of the United Nation’s HighCommissioner for Human Rights. The WCAR waspreceded by an NGO Forum and a YouthSummit. A Declaration made by the Ministers ofparticipating States and a Programme of Actionform the key texts arising from the WCAR. Thesereports are available at www.unhchr.ch

Participation, Preparation and Impact ofParticipation from Ireland

The partnership approach adopted for thepreparations in Ireland for the WCAR and EuropeanConference Against Racism, were significantlydifferent than many other countries thatparticipated in Strasbourg and Durban. In manyother countries it was evident that there was littlecontact or sharing of information betweenGovernment and non-government representatives.It became increasingly apparent that close co-operation and liaison between Government andNon-Government representatives could maximiseIreland’s impact on the World Conference and itspreparations. To maximise the impact of the NPARand continuing this partnership process, it is worthidentifying some of the elements that contributedto the building of this partnership, which include:• The cooperation between Irish NGO’s prior to

the WCAR and the identification of key factorsto enhance their participation, including accessto up to date information, participation in thepreparatory conferences and access to resources

• The hosting of one joint national preparatoryconference in Dublin, as opposed to a separateGovernmental conference and NGO Forum. As aconsequence, a significant amount of Irish NGO


aspirations were adopted in the officialGovernment position for the European andWorld Conference Against Racism.

The following sections seek to provide an accessiblesummary to the extensive texts that resulted fromthe Ireland Preparatory National Conference, theEuropean Conference Against Racism and the WorldConference Against Racism. Reference is also madeto related texts drawn by NGO and Youth caucusesat European and Global levels

Summary of key issues arising from theIreland Preparatory National Conference10

The Ireland Preparatory National Conferencereflected on the work of many groups on the issueof racism over the previous decade and furtherreflected that there was a significant degree ofagreement on the need to address racism Ireland.The conference concluded that the report from thepreparatory phase in Ireland should serve not onlyto take ideas and experiences forward toStrasbourg and South Africa, but to also act as afoundation for a future national action plan inIreland. The themes adopted for the Irelandpreparatory conference were those adapted for theStrasbourg conferences, which were as follows:• Legal Protection Against Racism.

• Policies and Practices Against Racism.

• Education and Awareness Raising to CombatRacism.

• Information Communication and the Media.

The following were the main points agreed at thefinal plenary of the conference:• Racism is a violation of human rights.

• Action against racism could valuably be island-wide and be rooted in North-South cooperation.

• The focus on racism needs to be inclusive,embracing groups whatever their legal statusand taking account of groups such as Travellersand Roma.

• The racism experienced by women needs to bespecifically named and acknowledged andspecific measures need to be included toaddress the intersection between racism andother grounds of discrimination.

Legal Protection Against Racism

Under the legal heading, the core theme emergingwas one of adequate legislation and adequateremedies. The importance of, and need for, buildingon and enhancing the current legislative base wasstressed. Of particular interest were commitmentsto review the Prohibition of Incitement to HatredAct, to transpose the EU Directive on RacialDiscrimination into Irish Law and to ratify theInternational Convention on the Elimination of allForms of Racial Discrimination.

Policies and Practices Against Racism.

Under the heading of policy and practices, the needto focus on outcomes was stressed. Positive actionemerged as a key theme, with the challenge toaddress the impact of past discrimination and tothe implications of cultural diversity. Institutionalchange and mainstreaming is another key theme toemerge. Mainstreaming involves:• Placing anti-racism and interculturalism as an

objective of all policy making.

• Proofing decision making for impact on blackand minority ethnic groups.

• Securing and researching the participation ofBlack and minority ethnic groups in decisionsthat impact on them.

• Developing a database, capable of trackingprogress and identifying barriers.

• Trade, aid and debt policies can generate globalinequalities that feed racist stereotypes.


10 Summary by Crowley, N in NCCRI, Report of the Ireland PreparatoryNational Conference. 2000.

Education and Awareness Raising toCombat Racism.

Under the heading of education and awarenessraising, the strong inter-relationship and overlapbetween the four headings chosen for the Councilof Europe Conference was highlighted. Earlyintervention, an anti-racist further and adulteducation policy and curriculum development wereidentified as the key themes in relation to theprovision of education. A further theme thatemerged under this heading related to need tochange the ethos, policy and practices ofinstitutions. The need for anti racism training, withclear standards and with clear links to institutionalpolicy-making and practice was identified.

Information Communication and theMedia.

Under the heading of information, communicationand the media, a key issue that emerged was theneed for media that empowers. This is a mediawhere black and minority ethnic reporters areemployed and where Black and minority ethnicperspectives and issues are heard. A second keyissue is the need to address irresponsible media.This is media where there is carelessness in the useof language, that reinforce stereotypes and whichengages in hate speech. The third issue is the needto develop effective information andcommunication strategies as an integral part of anoverall national plan to address racism.

Summary of the issues emerging from theEuropean Conference Against Racism.

Legal protection

The theme of legal protection was examined indetail at the European Conference Against Racism,including the acceptance of and compliance withobligations under relevant international andEuropean legal instruments (in particular theInternational Convention on the Elimination of AllForms of Racial Discrimination and its Article 14). It

identified how other international and Europeanhuman rights instruments can be used moreeffectively to combat racial discrimination. Howrecent new developments in international law, suchas the International Criminal Court, theInternational Criminal Tribunal and (draft) ProtocolNo. 12 to the European Convention on HumanRights, could best be supported and implemented.

At national level, the Conference covered how thelegal provisions in constitutional, criminal, civil andadministrative law provide adequate protectionagainst discrimination in everyday life(employment, housing, provision of services, etc).The implementation mechanisms needed atnational level and the impact and scope of redressof national specialised bodies was also reaffirmed.

Policies and practices

Policies and actions were examined to determinewhat action could be taken to ensure that Stateand social institutions, such as components of thecriminal justice system, schools, housing or welfareagencies, etc, do not discriminate and addresscultural and religious diversity. The sameconsideration was also considered in relation tonon-State institutions, including trade unions andprivate employers. Discussions focused on howequality of opportunity could be promoted inrecruitment procedure, what can be done to reflect,proportionately and at various levels, ethnicdiversity in public and private institutions atnational and local level. Further issues includedgreater political participation by members ofminority groups, the role of political parties, thespecial measures may be needed with regard towomen and children and in respect ofRoma/Gypsies and Travellers.

The impact at national level of phenomena of thelate 20th century such as increased migration,international mobility and globalisation was alsoconsidered in relation to racism and discriminationand the conference focused on special measures to


protect human rights of migrants and indigenousminorities in this context.

Education and awareness-raising

This part of the conference focused on theimportance of human rights education and theneed to promote a human rights culture. Key issuescovered included the role of the State and of non-State institutions and the implementation ofeducation and awareness programmes.

Information, communication and the media

Information, communication and the media, as wellas new technologies, can be used to positive effect.However, ‘hate speech’ persists, in written andbroadcast media and, more recently, disseminatedthrough new technologies. The conference lookedat what could be done in these areas of concern therole of media proprietors, editors, writers,programme makers, journalists and advertisersneeds to be examined as well as that of politicians.Legal and technical measures for the screening ofabuse of internet communications were alsoconsidered.

NGO Concerns (European Conference AgainstRacism)11

The Forum of Non Governmental Organisationsmet in Strasbourg prior to the European ConferenceAgainst Racism. Many of the concerns found someexpression in the governmental texts fromStrasbourg although not to the extent to whichNGO’s would have sought Key points that werehighlighted in the NGO report were as follows:• The resurgence of racism and the persistence of

a climate of intolerance and acts of violence.

• The recent electoral success in Europe ofpolitical parties disseminating and promotingracist and xenophobic ideology.

• The growth of violent racism towards migrants,refugees and Gypsies, Roma and Travellers.

• Limited attention being paid at European levelto racism in other regions of the world.

• Concern about the current form of globalisationand the policies of international and financialinstitutions which leads to the deterioration ofsocial and economic conditions and which canfoster racism in many countries.

• The need for more effective implementation ofInternational instruments in the fight againstracism.

Summary of the issues emerging from theWorld Conference Against Racism

The Programme of Action arising from the WCARdiscusses the sources and causes of racism, racialdiscrimination, xenophobia and related intoleranceand calls for concrete action to eradicate them. Alarge part of the document is devoted toprevention, education and protection measures atthe national level, including the concept of nationaland regional plans to address racism. TheProgramme of Action in effect provides a set ofprinciples and a partial checklist of some of the keyelements that need to be adopted to developeffective overall strategies to address racism.

There were a number of issues included in theProgramme of Action in the WCAR which groups inIreland had been active in promoting in thepreparatory phases of the conference. Some ofthese originated in Ireland and in many otherinstances representatives from Ireland were activein supporting and strengthening wording ofcommitments during the conference. Theseincluded:• The concept of a national plan to be developed

by States setting out how they would proposeto address racism.

• The importance of the participation of civilsociety in general and the community andvoluntary sector in particular in the follow up tothe World Conference Against Racism and in thedevelopment of national plans

• The role of expert and specialised bodies andthe leadership role of governments in


11 Report from the Forum of Non Governmental Organisations. End Racism Now!.

Prior to the European Conference Against Racism. Available at www.ecri.coe.int

addressing racism, which is emphasised indifferent parts of the texts.

• The recognition in the Programme of Actionthat Roma, Sinti and Travellers experienceracism. Representatives from Ireland lobbied toensure that the racism experienced by thesegroups would be acknowledged at both aEuropean and global level and the textpresented by Irish representatives at theStrasbourg preparatory Conference remainedintact at the conclusion for the WorldConference.

• Of further Irish interest are the commitments inrelation to migrants, asylum seekers andrefugees and indigenous groups. States areurged to adopt or continue to apply allnecessary measures to promote, protect andensure the enjoyment by indigenous people oftheir rights; to facilitate family reunification,which has a positive effect on integration ofmigrants; and to take all possible measures topromote the full enjoyment by all migrants ofall human rights.

• The document further encourages States todevelop strategies to address discriminationagainst refugees; and to end impunity andprosecute those responsible for crimes againsthumanity and war crimes, including crimesrelated to sexual and other gender-basedviolence against women and girls.

• States are encouraged to develop or implementeffective legislation to ensure that migrantworkers, where appropriate, are covered by theexisting equality and labour protectionlegislation provided for all workers, with specialattention to people engaged in domestic workand trafficked persons; to ensure accountabilityfor misconduct by law enforcement personnelmotivated by racism; to eliminate racialprofiling; and to protect the privacy of geneticinformation.

• The Programme of Action further urges Statesto prohibit discriminatory treatment againstforeigners and migrant workers; to enact laws

against trafficking in persons, especially womenand children; and to compile and publish reliablestatistical data to assess the situation ofindividuals and groups who are victims ofdiscrimination.

• The Programme further urges States toimplement policies and measures designed toprevent and eliminate discrimination on thebasis of religion or belief that many people ofAfrican descent experience. The documentfurther calls on States to ensure full andeffective access to the justice system for allindividuals, particularly those of African descent.

• The intersection between gender and racismand multiple or aggravated forms ofdiscrimination are also highlighted in theProgramme of Action texts.

NGO and Youth Concerns (WorldConference Against Racism)

The reports of the NGO and Youth Summit onlypartially succeeded in impacting on theGovernmental WCAR in Durban. Because of thetone and content of a small number ofcontroversial paragraphs referring to genocide andthe Middle East, the General Secretary to theConference, Mary Robinson, was unable tocommend the conclusions from the NGOconference to the Governmental Conference.However, there are parts of the NGO texts whichare relevant to the drawing up of National ActionPlans, including sections related to criminal justice;health related issues; the position ofundocumented migrants; multiple forms ofdiscrimination; young people and the girl child andtrafficking.

The main outcome Youth Summit, which isreflected in the Programme of Action of the WCAR,is the need to ensure that strategies to addressracism, including National Action Plans, must seekto include a youth dimension.


Section Five

Existing GovernmentCommitments toAddress Racism This section seeks to identify existing governmentcommitments to addressing racism as basis forinclusion and further action in the development ofthe NPAR in Ireland. The commitments are arrangedalong the under the key themes from the WCAR,adapted and tailored to the Irish context12:1. Legislation.

2. Policies and strategies to address racism.

3. Policies and strategies to promote integrationand interculturalism.

4. Education, Awareness Raising andCommunication.

1. Legislation

National Legislation

Anti-discrimination legislationIreland has comprehensive and integrated anti-discrimination protection under the equalitylegislation. The Employment Equality Act outlawsdiscrimination and harassment in relation to andwithin employment on nine grounds, including‘race’ and membership of the Traveller community.The Act was passed in 1998 and commencedoperation in October 1999. The Equal Status Act(2000) prohibits discrimination and harassment onthe race and Traveller ground in the supply of goodsor services, education or accommodation. The EqualStatus Act commenced operation in October 2000.

Prohibition of Incitement to Hatred Act and thePublic Order ActThe use of words, behaviour or the publication or

distribution of material which is threatening,abusive or insulting and are intended, or are likelyto stir up hatred are prohibited under theProhibition of Incitement to Hatred Act, 1989.Furthermore the Public Order Act, 1994 may be usedis some cases to combat racist acts on public ordergrounds. The Prohibition of Incitement to HatredAct is currently being reviewed in the Departmentof Justice, Equality and Law Reform with a view toimproving its effectiveness.

Offences against the State ActThe provisions of the equality legislation and theProhibition of Incitement to Hatred Act, 1989together with the provisions of the Offencesagainst the State Act, 1939 prohibits organisationsthat promote and incite racial hatred anddiscrimination. Membership of such proscribedorganisations is a criminal offence.

Video Recording ActThe Video Recording Act, 1989, which aims toprevent generally undesirable video works frombeing supplied to the public. Among the groundson which the Official Censor can conclude that avideo recordings should not be classified as fit forviewing (and so should not be issued with a supplycertificate) are that the viewing of the video wouldbe likely to stir up hatred against a group ofpersons in the State or elsewhere on account oftheir race, colour, nationality, religion, ethnic ornational origins.

International Legal Instruments.

UN Convention on the Elimination of All Forms ofRacial Discrimination (CERD)The 1965 UN Convention on the Elimination of AllForms of Racial Discrimination is the mostimportant multilateral treaty embodyingobligations on UN Member States to ban racialdiscrimination. Ireland’s ratification in December2000 of the Convention entered into force on 28January 2001. The terms of the Convention require


12 Aide Memoire for the Development of National Action Plans for the Implementation of the Conclusions of the WorldConference Against Racism, Racial Discrimination, Xenophobia and related intolerance. Council of Europe. February 2002.

State parties to have in place at domestic level aneffective means of redress for those who mayexperience racial discrimination.

Ireland had not ratified this UN convention beforethen as our legal advisors had advised that Irelandcould not effectively ratify until the necessarydomestic anti-discrimination legislation was inplace. With the introduction of anti-discriminationlegislation and the infrastructure to support it,Ireland was in a position to ratify and implementthe convention effectively.

Like other common law countries, Ireland has a so-called “dualist” system under which internationalagreements to which Ireland becomes a party arenot automatically incorporated into domestic law.Article 29.6 of the Constitution provides that “Nointernational agreement shall be part of thedomestic law of the State save as may bedetermined by the Oireachtas”. When Irelandwishes to adhere to an international agreement itmust, therefore, ensure that its domestic law is inconformity with the agreement in question.

In ratifying the UN Convention, Ireland was one of asmall number of countries that opted for Article 14.Article 14 allows a right of individual petition to theUnited Nations, all local remedies having beingexhausted.

Other International Instruments

Ireland has signed the major universal andEuropean human rights instruments and compliesfully with their terms. In November 2000 in Rome,Ireland signed Protocol No. 12 (on anti-discrimination) to the European Convention onHuman Rights. Work on the incorporation of theEuropean Convention on Human Rights intonational law is continuing. The Council of EuropeFramework Convention for the Protection ofNational Minorities was ratified by Ireland inSeptember 1999.

The obligations under “Discrimination(Employment and Occupation) Convention 1958 No.111 of the International Labour Organisation (ILO)which Ireland ratified on 22 April 1999 are metthrough our Employment Equality Act. Minimumrates of pay are required to be paid under theminimum pay legislation. (Migrant workers areentitled to the protection of the law includinglabour law).

EU Directives

Two EU directives have been adopted by the EUCouncil pursuant to Article 13 of the Treatyestablishing the European Community. Thedirectives allow the community to take action tocombat discrimination based on sex, racial or ethnicorigin, religion or belief, disability, age or sexualorientation. The first directive, known as the “RaceDirective”13, binds EU Member States to implementthe principle of equal treatment between personsirrespective of racial or ethnic origin in theemployment and non-employment areas. Irelandmust adapt its present equality legislation tocomply with this directive by July 19, 2003.

2. Policies and Strategies to AddressRacism

Establishment of National Bodies

The establishment of specialised and expert bodiesin the area of equality, anti racism and humanrights, has been an important development inrecent years. These are summarised as follows:

Equality Authority (Government funding in 2002:€5.029m) The Equality Authority was established in October1999. The functions included in the mandate of theEquality Authority, under the Employment EqualityAct, 1998 and the Equal Status Act, 2000 include:• To work towards the elimination of conduct

prohibited under the equality legislation, (i.e.discrimination and harassment on the grounds


13 Directive for Equal Treatment, irrespective of Race or Ethnic Origin.

2000/43/EC. 29 June 2000.

of gender, marital status, family status, sexualorientation, religion, age, disability, race andmembership of the Traveller community).

• To promote equality of opportunity in relationto the matters covered under the EmploymentEquality Act and the Equal Status Act and toprovide information to the public on theworkings of the two Equality Acts.

Anti Racism in the Workplace Initiatives is a jointventure between The Equality Authority, IBEC, ICTUand the Construction Industry Federation (CIF) andtakes place over a week in November. The NationalAnti-Racism Awareness Programme provided€199,000 funding in 2001 towards a joint advertisingcampaign to increase the profile of the week.

The Equality Authority has also focussed on issuesrelated to race and membership of the Travellercommunity through strategic initiatives, including:• Developing Equality proofing measures.

• Data collection across the nine grounds.

• The Development of the National Focal Pointagainst Racism in Ireland in partnership withthe NCCRI (see below).

• Developing an equality dimension to the QualityCustomer Services element of the StrategicManagement Initiative.

National Consultative Committee on Racism andInterculturalism. NCCRI, (Government funding in2002: €0.34m)The National Consultative Committee on Racismand Interculturalism was established in July 1998,with funding from the Department of Justice,Equality and Law Reform. Its functions are:• To act as an expert body to develop an

integrated and strategic approach to racism, andits prevention, and to foster interculturalismwithin Ireland.

• To inform policy development and seek to buildconsensus through dialogue in relation to theissues of racism and interculturalism to promotethe understanding and celebration of cultural

diversity within Ireland.

• To establish links with other organisations orindividuals involved in issues of racism andinterculturalism arising from developments atEuropean Union and International levels.

Project initiatives of the NCCRI include: -• A system of reporting and responding to racist

incidents and the publication of a report ofthese incidents every 6 months.

• Developing the training and resource unit thathas been actively involved in delivering antiracism training both to Government and NonGovernment agencies. Publication of a range ofmaterials, resources and publications onaddressing racism in Ireland.

• In partnership with the Equality Authority, to actas the National Focal Point for Racism in Irelandby the EU Monitoring Centre on Racism based inVienna.

• To develop pubic awareness initiatives, includingcontributing to the implementation of theNational Anti-Racism Awareness Programme(Know Racism)

• To continue with policy submissions and roundtables, which will contribute to policydevelopment through the participation of theNGO sector.

• To inform policy in relation to the drawing up ofa National Action Plan against Racism.The Monitoring of the Anti Racism Protocol forPolitical Parties while continuing to highlightthe protocol at Government and cross-partylevels.

• To develop initiatives on a North/South basisand implement awareness raising initiatives andevents through continued liaison with theEquality Commission for Northern Ireland inareas of concern such as education and health.

• Supporting and advocating an anti racismdimension to the National Anti Poverty Strategy.

• Supporting community development through aspecialised unit within the NCCRI.


• Capacity building and leadership training forgroups representing ethnic minorities.

Director of Equality Investigations (Governmentfunding in 2002: €1.803m)The Office of the Director of Equality Investigationswas established in October 1999. It providesredress for victims of discrimination on any of thegrounds in the Equality Legislation in employmentand in the area of provision of goods and services.Anyone who feels that they have beendiscriminated against may lodge a complaint to theDirector. The findings of the Director in each caseare published. The percentage of referrals during2001 on the grounds of race and membership of theTraveller community was as follows: 57% (629cases) Traveller and 4.2% (46 cases) Race.

Irish Human Rights Commission (Governmentfunding in 2002: €1.292m)Arising from the Belfast Agreement, the HumanRights Commission was formally established underthe Human Rights Commission Act, 2000. TheCommission is a powerful new independent bodycharged with the task of keeping under review theadequacy and effectiveness of our laws in relation tothe protection of human rights in their widest sense.It will be within the competence of this body tocommission surveys on discrimination. To date theIHRC has been active on the issue of racism through:• The establishment of a sub committee on

racism drawn from its own membership and themembers of the Northern Ireland Human RightsCommissions

• Participating in the development of the NationalAction Plan Against Racism.

Garda Racial and Intercultural OfficeThe Garda Racial and Intercultural Office wasestablished in July 2000. The Office operates underthe auspices of the Garda Community RelationsSection and is responsible for coordinating,monitoring and advising on all aspects of policingin the area of racial, ethnic and cultural diversity.The Garda Siochana has developed a working

definition of a “racial incident”, which takes intoaccount the views of victims and is currentlydeveloping a system for capturing data on raciallymotivated crimes. The Garda Racial andIntercultural Office won an award of €30,000 as aninnovation prize from the EU. The office hasdeveloped a training video that informs membersof the force about sensitivities to the cultures ofethnic minorities.

Strategies to Address Racism:Organisational Policies and Training.

NCCRI Anti-Racism Training UnitIn 2000, the National Consultative Committee onRacism and Interculturalism established a trainingunit which has provided anti- racism awarenesstraining to over 30 Government departments andstatutory agencies, to national media organisations,to the equality authorities, to trade unions and toemployer and community organisations. Thetraining unit is currently developing best practiceguidelines for anti-racism training and resourcematerials on building a ‘whole organisation’approach to addressing racism.

Garda Síochána Initiatives.As a core part of the training of new recruits to AnGarda Síochána in Templemore there is a moduleregarding obligations under international humanrights instruments including CERD. The Garda Racialand Intercultural Office have an ongoing anti-racismtraining programme for immigration officials (whoare members of the force). As part of the Council ofEurope human rights and policing initiative, theGardai have also established a working group todevelop policy and practice on human rights andpolicing issues. This is being developed inpartnership with specialised and expert bodies andrepresentatives from minority ethnic groups.

Immigration OfficersImmigration officers at points of entry to the Stateare members of the Garda Siochana which providestraining as outlined above. Members of the Garda


Siochana assigned to immigration duties aresubject to the normal Garda standards of conduct(including the Garda Siochana Complaints Act) andaccountable through local Garda channels ofcommand. The Garda National Immigration Bureauhas an overall coordinating role in relation tocontrols at point of entry.

Staff working with Asylum SeekersComprehensive training is provided to staffworking in the asylum process. Staff are trained todeal with applicants for asylum in a sympatheticmanner and with respect and sensitivity and a fullawareness of cultural differences. This trainingincludes procedures to be followed when dealingwith sensitive matters such as gender issues andvictims of trauma and violence.

Racism in The Workplace WeekAs part of Anti Racism in the Workplace Initiatives, ajoint venture between The Equality Authority, IBEC,ICTU and the Construction Industry Federation (CIF),the Equality Authority provided contact details abouttrainers who undertake anti racism training andexamples of good practice in the Irish workplace.

Prison ServiceAnti-racism initiatives are taking place in theprisons. The Director General of the Irish PrisonsService introduced proposals for the developmentof a research and training project for staff andinmates of the prison system to increase theirawareness of cultural diversity and aspects ofracism that are potentially in each prison. The aimof the initiative is to ensure that the Prisons Servicewill be in a position to head off most problems ofracism and to deal speedily and effectively with anyproblems which may arise.

Department of Social, Community and Family AffairsIn recent years the Department of Social,Community and Family Affairs has developed acomprehensive range of training and awarenessraising programmes to support its staff who dealwith the public.

An integrated Customer Service TrainingProgramme has been delivered to approximately2,600 staff that work directly with the public,whether face-to-face, by telephone orcorrespondence. The programme included disabilityawareness and anti-discrimination training, whichwas delivered to departmental trainers by externaltrainers expert in these areas.

Health SectorThe National Health Promotion Strategy 2000-2005recognises that there exists within our societymany groups with different requirements whichneed to be identified and accommodated whenplanning and implementing health promotioninterventions. The Strategy acknowledges thechallenge involved in being sensitive to thepotential differences in patterns of poor healthamong these different groups. The Strategic aim isto promote the physical, mental and social wellbeing of individuals from these diverse groupsincluding Travellers, refugees and asylum seekers.

The National Strategy on Traveller Health waslaunched in February 2002 and provides acomprehensive over view and set of priorities toaddress Traveler heath status, including thedevelopment of primary health care initiatives inpartnership with NGO’s working with Travellers.

The Irish Health Services Management Institute inpartnership with the NCCRI has developed a rangeof initiatives focussing on supporting culturaldiversity and tackling racism in the health sector.These initiatives include the development ofguidelines on cultural diversity in the health sector,anti racism training and awareness initiatives suchas posters and seminars.

National Strategic Initiatives

Equality Proofing InitiativesIn line with a commitment in the Programme forProsperity and Fairness, a Working Group onEquality Proofing was established by the Minister


for Justice, Equality and Law Reform in September,2000 to commence a learning period on how toincorporate an equality perspective to all policies.The aim is to devise a comprehensive impactassessment method for public policy making acrossall nine discriminatory grounds including thegrounds of race and membership of the Travellingcommunity in the anti-discrimination legislationincluding the grounds of race and membership ofthe Traveller community, rather than devisingindividual mechanisms to ensure equality for eachtarget group. Pilot projects in the areas ofeducation and training have been selected.

National Anti Poverty StrategyThe review of the National Anti Poverty Strategyunder the Programme for Prosperity and Fairnesswas published in February, 2002. It includes specificchapters on groups vulnerable to poverty, includingTravellers and migrants and ethnic minorities.

The overall objective in relation to Travellers is toimprove the life experience of Travellers through theprovision of appropriate education, health andhousing services and to remove any remaining barriersto the full participation of members of the Travellercommunity in the work and social life of the country.

The overall objective in relation to migrants andmembers of ethnic minority groups is to ensurethat members of ethnic minority groups resident inIreland are not more likely to experience povertythan majority group members.

The overall policy approach is to tackle barriers tothe integration of ethnic minority residents, and inparticular:• Tackling racism, racial discrimination and related

intolerance.

• Providing the resources for fair, efficient andtransparent asylum applications process forasylum seekers.

• Developing a new immigration legislativeframework to meet the changing needs of Irishsociety.

• Commitment by the State and social partners tothe rights to equal treatment under the equalitylegislation irrespective of race, religion, colour,nationality or ethnic or national origins.

The absence of disaggregated data means that it isnot possible to define specific targets for thesegroups, except for Travellers, where there arecommitments on the issues of life expectancy,participation rates at primary, secondary andtertiary levels of education, and fulfilment of thefive year accommodation plans by local authoritiesby the end of 2004.

Customer Service InitiativeThe Principles of the Quality Customer Service forcustomers and clients of the public service whichwere published in July 2000, give a commitmentunder the Equality/Diversity heading, to:• Ensure the rights to equal treatment established

by equality legislation.

• Accommodate diversity, so as to contribute toequality for the grounds covered by the equalitylegislation.

• Identify and work to eliminate barriers to accessto services for people experiencing poverty andsocial exclusion, and for those facing geographicbarriers to services is also given.

The Department of the Taoiseach SMI team and theworking group convened by the Equality Authorityhave overseen the development of this initiative

Other measures

Anti-Racism Protocol for Political PartiesEarly in 2000, the National Consultative Committeeon Racism and Interculturalism (NCCRI) introducedan Anti-Racism Protocol for Political Parties and aDeclaration of Intent for Candidates for Elections.This is stronger than a similar European wideinitiative. The Protocol has been signed by all thepolitical parties in the State and was formallylaunched by the Ministerfor Justice, Equality and Law Reform in June 2001.


Signatories to the Protocol have undertaken toensure that election campaigns includingcampaigns for local elections, general elections andelections to the European Parliament are conductedin such a way that they do not incite hatred orprejudice on the grounds of ‘race’, colour,nationality or ethnic or national origins, religiousbelief and membership of the Traveller community.These are grounds included under the EmploymentEquality Act, 1998 and the Equal Status Act, 2000.One of the clauses of the Protocol calls for the useof appropriate and inclusive language whenreferring to people of different ethnic backgrounds,in order to avoid creating prejudice or confusion.

3. Policies and Strategies to promoteintegration and interculturalism

Funding and Support for Ethnic Minority GroupsProjects related to Reception of Asylum Seekers andIntegration of Refugees. In 2001, a total of€1,270,000 was allocated to seventeenorganisations and groups under the EuropeanRefugee Fund for projects related to the receptionof asylum seekers and the integration of refugees.The purpose of this EU fund is to support andencourage the efforts made by EU Member Statesin receiving asylum seekers, refugees and displacedpersons. The Reception and Integration Agency isthe designated responsible authority foradministration of the fund in Ireland.

Examples of the type of initiatives being grant-aided include the development of a whole schoolapproach to the integration of refugees,immigrants and ethnic minorities; the provision ofsupport for single mothers and separated children;and development of a specialist centre for the careand rehabilitation of those who have survivedtorture in their pre-migratory environments.

In 2002, €787,238 will be available under the samefund. Advertisements for the scheme will beappearing in the national press shortly.

Community DevelopmentThe National Consultative Committee on Racismand Interculturalism with the support of theDepartment of Social, Community and FamilyAffairs, established a Community DevelopmentUnit in August 2000 to provide assistance andsupport for community groups working withrefugees and asylum seekers. The Department ofSocial, Community and Family Affairs, under theCommunity Development Programme, produced, inNovember 1999 a Code of Practice, which providesa framework for community development projectsto address racism and promote equal outcomes forminority ethnic communities, including Travellers.The Department supports local projects, fundedunder the Programme, to implement this code ofpractice through provision of funding for trainingcourses, etc. and through its continued support forthe NCCRI and Pavee Point as a central resource toprojects within the programmes. In addition,since its establishment, the NCCRI has assistedover 90 organisations through its small grantsscheme with funding ranging from €380 to €1016.

One of the Government Decisions approved underthe White Paper on Supporting Voluntary Activitywas the allocation of an additional €8.9 million infunding for the Community and Voluntaryinfrastructure and supports. It included an annualallocation of €2.5 million to support the role ofnational federations and umbrella bodies inproviding technical supports such as training,research, evaluation support and informationdissemination, to their members groups. Grantswill be available on a three-year contract basis forcore costs associated with the provision. A furtherdecision was to initiate an ongoing review offunding programmes and schemes to be carriedout by the Implementation Group working underthe aegis of the Cabinet Committee on SocialInclusion, to bring about a more coherent and userfriendly system of funding and support for thevoluntary sector.


Traveller CommunityA number of measures have been taken to improvethe situation of the Traveller community. A Committeeto Monitor and Coordinate the Implementation of theRecommendations of the Task Force on the TravellingCommunity was established in June 1998. TheMonitoring Committee published its first progressreport in April 2001. The Committee will continue tomonitor developments and publish further reportsover the coming years.

A sum of €1.5 million has been allocated by theGovernment to fund a Traveller communicationprogramme, entitled “Citizen Traveller”. The objectiveof the programme is to promote a greaterunderstanding between Travellers and the settledcommunity and to address the underlying causes ofmistrust between both communities.

A mediation service for the Travelling Community hasbeen developed by Pavee Point Traveller Centre. One ofthe objectives of the mediation service is to bringtogether the various stakeholders, including localauthorities,Travellers and Traveller support groups andresident group and to encourage such people todevelop new and constructive approaches to theresolution of disputes and conflicts. The Departmentof Justice, Equality and Law Reform provides €127,000funding per annum for this service.

The Department of Social, Community and FamilyAffairs operates the Community DevelopmentProgramme (CDP). Under the CDP scheme of grantsfor locally-based community and family supportgroups and a category of funding within thatscheme for core-funding of more developedcommunity groups, the Department is committedto targeting particular support to Travellers groups.The aim of this support is to raise awareness ofTravellers issues and contribute to developmentinitiatives by Travellers themselves.

4. Awareness Raising, Education andCommunication

Awareness RaisingThe three year National Anti-Racism AwarenessProgramme was officially launched by AnTaoiseach, Mr. Bertie Ahern T.D. on 24 October(www.knowracism.ie)

The initial strategy adopted by the steering groupin the first phase of the Awareness Programme wasto (a) to engage with community groups and (b) toembark on a number of partnership ventures.

Support for Local Awareness Initiatives - Grant SchemesThe first major initiative of the Steering Group was tolaunch two grant schemes in May to assistcommunity groups (including minority ethnic groups)and non-government organisations with anti-racismawareness initiatives. Following the success of thefirst round, the Steering Group launched a secondround of grant schemes in October. A total amount of€635,000 was paid out in grants during the year to300 successful projects in 23 counties.

Grant applications were received from communityand voluntary groups, religious organisations, tradeunions, sporting bodies, partnerships indisadvantaged areas, youth and education projectsand projects organised by minority ethnic groupsthemselves.

Partnership Ventures

Anti-Racism Workplace Week: The Steering Groupprovided €199,000 from the Awareness Programmeto fund an advertising campaign to increase theprofile of the Anti-Racist Workplace Week (a jointventure between the Equality Authority, IBEC, ICTUand the Construction Industry Federation).Providing support for the Workplace Week was thefirst major partnership initiative of the SteeringGroup. Due to the funding provided by theProgramme this week had a higher profile andmedia coverage was extensive.


International Day Against Racism, March 21 2002.The Steering Group provided €50,000 to maximisethe impact of International Day against Racism andthe related European Week Against Racism 18-22ndof March. The coordination of this initiative is on aNorth/South basis and involves the NCCRI and theEquality Commission for Northern Ireland inassociation with the Know Racism Programme.Over 120 events took place in Ireland, North andSouth, during this period. The key focus of theweek in 2002 was on the education/youth sectorand the health sector, North and South.

Other awareness initiatives include:• Compact Disc on anti-racism, featuring major

Irish and international artists.

• Co-Funding of TV Multicultural Programme. TheRTE Mono Programme.

• Support for political parties in implementing theanti racism protocol for political parties.

Activities planned for 2002 include:• An Advertising Campaign

• Launch of Know Racism badge designed by JohnRocha

• Mail Shot of KNOW RACISM Leaflet

• Research into Attitudes

• Grant Schemes - Third Round

Initiatives in the education sectorThe revised Irish Primary School Curriculum hasbegun the process of addressing issues such asrespect, cultural diversity, equality and racism. ThePost-Primary Curriculum further develops studentappreciation of this whole area. The White Paper onAdult Education, published in July 2000, entitled,“Adult Education in an Era of Lifelong Learning”,acknowledges the challenge of providing anintercultural education. The Paper recommends thatadult education should be underpinned by threecore principles - two of which are equality andinterculturalism. Equality of access, participationand outcome for participants is a key priority. Otherinitiatives include:

• The Curriculum Development Unit inpartnership with the NCCRI has developedresource materials for the CSPE programmefocussing on cultural diversity, equality andracism.

• The Higher Education Equality Unit is currentlydeveloping anti racism guidelines for Third levelinstitutions.

• The focus of International day Against Racism in2001 and 2002 has been on the education andyouth sector, including the development of aNorth/South resource pack.


I. Sources, causes, forms and contemporarymanifestations of racism, racial discrimination,xenophobia and related intolerance

II. Victims of racism, racial discrimination,xenophobia and related intolerance

III. Measures of prevention, education andprotection aimed at the eradication of racism,racial discrimination, xenophobia and relatedintolerance at national, regional andinternational levels

IV. Provisions of effective remedies, recourse,redress, compensatory and other measures atnational, regional and international levels

V. Strategies to achieve full and effectiveequality, including international co-operationand enhancement of the United Nations andother international mechanisms in combatingracism, racial discrimination, xenophobia andrelated intolerance


Annex One

Easy Reference Guideto Outcomes of theStrasbourg andDurban ConferencesThe following is an easy guide to documentsadopted by the WCAR and the results of theEuropean Conference Against Racism, according tothe five main headings from the WCAR. Followingthe table there is a summary of the key pointsarising from the conferences, which have particularrelevance to Ireland. This section also seeks to takeinto account the outcomes from the NGOconferences and the Youth Forum in Durban. Theheadings adopted by the UNHCHR are as follows:• Sources, causes forms and contemporary

manifestations of racism, racial discrimination,xenophobia and related intolerance.

• Victims of racism, racial discrimination,xenophobia and related intolerance.

• Measures of prevention, education andprotection aimed at the eradication of racism,racial discrimination, xenophobia, and relatedintolerance at national, regional

• Provisions of effective measures, recourse,redress, compensatory and other measures atnational regional and international levels.

• Strategies to achieve full and effective equality,including international co-operation andenhancement of the United Nations and otherinternational mechanisms in combating racism.

Themes

Pages 3-4

Pages 3-4

Pages 5, 6, 7

Pages 5, 6, 7

Pages 5, 6, 7

Pages 3-4 (Context)

- General: page 4, 1st paragraph (Context)- Paragraphs : 26-30

A. National level- legislation: 8, 13, 14, 15, 23- ratification: 2, 3- prosecution: 10- national institutions: 21

Policies and practices- data, research: 12, 25- policies and plans: 16, 17- employment: 24- participation: 18, 19, 20- politicians, parties : 22

Education- access : 31- human rights education : 32-38- training professional groups: 39- general awareness-raising: 40-45- role of NGOs: 46

Information, media: 47-57

B. International level: 4-7

Legal assistance: 9, 10, 11National legislation: 9, 10, 11Remedies 9, 10, 11

Co-operation at European and Internationallevels (general): 58 i, ii, iiiCouncil of Europe Commissioner for HumanRights: 58 ivECRI: 58 vEUMC: 58 vi

Paragraphsin thePoliticalDeclaration

Paragraphs in the General Conclusions

25

13-30

31-75

76-97

98-106

107-122

1-2

- General: 3- Africans and people of African descent: 4-14- Indigenous: 15-23- Migrants: 24-33- Refugees: 34-36- Other victims : 37-57

58-65A. National level- legislation: 66-74- ratification: 75-83- prosecution: 84-89- national institutions: 90-91

Policies and practices- data, research: 92-98- policies and plans: 99-102- employment: 103-108- health, environment: 109-111- participation: 112-114- politicians, parties : 115-116

Education : 117-120- access: 121-124- human rights education: 125-128- human rights education for children andyouth: 129-132- human rights education for public officials:133-139

Information, media: 140-147

B. International level: 148-156

157-159Legal assistance: 160-162National legislation: 163-164Remedies: 165-166

167-176International framework: 177-178General international instruments: 179-180Co-operation: 181-192OHCHR: 193-199Decades: 200-202Indigenous peoples: 203-209Civil society: 210-212Non-governmental organizations: 213-214Private sector: 215Youth: 216-218219

Paragraphsin theDeclaration

StrasbourgDurban

Paragraphs in the Programme of Action

Annex Two

Glossary of key termsand conceptsThe following is intended to be an accessibleglossary of some of the key terms and concepts inthis discussion paper and which are used in thewider debate on racism. The use of language andthe conceptual basis of racism is important in thisdebate and the following guide reflects anincreasingly broad consensus about their meaningthat has emerged in recent years.

What is Racism?

Racism is a specific form of discrimination andexclusion faced by minority ethnic groups. Racismis based on the false belief that some ‘races’ areinherently superior to others because of differentskin colour, nationality, ethnic or culturalbackground. Racism deprives people of their basichuman rights, dignity and respect. There aredifferent forms of racism and manifests itself atdifferent levels.14

This definition is derived from the most widelyacknowledged definitions of racism which are theUN International Convention on the Elimination ofall Forms of Racial Discrimination (1969) an theUNESCO Declaration (1978), see annex two forfurther information.

What is an Ethnic group and ethnicity?

An ethnic group is a group of people sharing acollective identity based on a sense of commonhistory and ancestry. Ethnic groups possess theirown culture, customs, norms, beliefs and traditions.Other relevant characteristics shared in commoncould be language, geographical origin, literature orreligion. An ethnic group can be a majority orminority group within a larger community. Ethnicity

is a cultural phenomenon that has displaced and isdistinct from the concept of ‘race’. Race has beenextensively critiqued as being a residual andanachronistic concept from the nineteenth century,although it is still used in both legal and othercontexts in Ireland, North and South and in othercountries, including the United States.

Why is interculturalism replacing theoutmoded concepts of multiculturalismand assimilation?

The development of an intercultural approach topolicy implies the development of policy thatpromotes interaction, understanding andintegration among and between different culturesand ethnic groups on the principle that ethnicdiversity can enrich society, without glossing overissues such as racism. Interculturalism is replacingthe concept of multiculturalism which valueddiversity, but which was criticised for notpromoting interaction, for glossing over racism andfor emphasising that it was up to minority ethnicgroups to change and adapt with out concomitantresponsibility on the State to respond positively tocultural diversity and to bring in adequateprotection against racism. The concept ofinterculturalism has also replaced the concept of‘assimilation’ which viewed cultural diversity asdivisive and conflictual, This approach promotedthe absorption of minorities with the aim ofmaking them and their rights and needs as invisibleas possible.


14 See Section Two, Background and Contexts for further discussion on the forms and levels of racism.

Annex Three

International AndEuropean LegalInstrumentsRelevant toCombating Racism,Racial Discrimination,Xenophobia andRelated Intolerance

At universal level:

• The Convention on the Prevention andPunishment of the Crime of Genocide (NewYork, 9 December 1948)

• The Universal Declaration of Human Rights(New York, 10 December 1948)

• Convention (I) for the Amelioration of theCondition of the Wounded and Sick in ArmedForces in the Field (Geneva, 12 August 1949)

• Convention (II) for the Amelioration of theCondition of Wounded, Sick and ShipwreckedMembers of the Armed Forces at Sea (Geneva, 12August 1949)

• Convention (III) relative to the Treatment ofPrisoners of War (Geneva, 12 August 1949)

• Convention (IV) relative to the Protection ofCivilian Persons in Time of War (Geneva, 12August 1949)

• The Convention relating to the Status ofRefugees (28 July 1951) and its AdditionalProtocol (16 December 1966)

• Convention (no. 111) concerning Discrimination inRespect of Employment and Occupation

(Geneva, 25 June 1958)

• The Convention against Discrimination inEducation (Paris, 14 December 1960)

• The International Convention on the Eliminationof All Forms of Racial Discrimination (New York,21 December 1965), including the Declarationunder its Article 14 recognising the competenceof the Committee on Racial Discrimination toconsider communications from individuals orgroups

• The International Covenant on Civil and PoliticalRights (New York, 16 December 1966), itsOptional Protocol allowing for the considerationof communications from individuals (New York,16 December 1966) and its second OptionalProtocol aiming at the abolition of the deathpenalty (New York, 15 December 1989)

• The International Covenant on Economic, Socialand Cultural Rights (16 December 1966)

• Protocol Additional to the Geneva Conventionsof 12 August 1949, and relating to the Protectionof Victims of International Armed Conflicts(Protocol I) (Geneva, 8 June 1977)

• Protocol Additional to the Geneva Conventionsof 12 August 1949, and relating to the Protectionof Victims of Non-International Armed Conflicts(Protocol II) (Geneva, 8 June 1977)

• The Convention on the Elimination of All Formsof Discrimination against Women (New York, 18December 1979) and its optional protocolrecognising the competence of the Committeeon the Elimination of Discrimination againstWomen to receive and consider communicationsfrom individuals and groups (New York, 6October 1999)

• The Convention against Torture and Other Cruel,Inhuman or Degrading Treatment orPunishment (New York, 10 December 1984)

• Convention (No. 169) concerning Indigenous andTribal Peoples in Independent Countries(Geneva, 27 June 1989)

• The Convention on the Rights of the Child (NewYork, 20 November 1989) and its optional


protocols on the involvement of children inarmed conflicts and on the sale of children (NewYork, 25 May 2000), child prostitution and childpornography (New York, 25 May 2000)

• The International Convention on the Protectionof the Rights of All Migrant Workers andMembers of their Families (New York, 18December 1990)

• The Statute of the International Criminal Court(Rome, 17 July 1998)

At European level:

• The Convention for the Protection of HumanRights and Fundamental Freedoms (Rome, 4November 1950), including its Protocols

• The European Convention on Establishment(Paris, 13 December 1955)

• The European Agreement on Regulationsgoverning the Movement of Persons betweenMember States of the Council of Europe (Paris, 13December 1957)

• The European Social Charter (Turin, 18 October1961) and its Additional Protocols

• The European Convention on the Legal Status ofMigrant Workers (Strasbourg, 24 November1977)

• The European Convention for the Prevention ofTorture and Inhuman or Degrading Treatment orPunishment (Strasbourg, 26 November 1987)

• The Convention on the Participation ofForeigners in Public Life at Local Level(Strasbourg, 5 February 1992)

• The European Charter for Regional or MinorityLanguages (Strasbourg, 5 November 1992)

• The Framework Convention for the Protection ofNational Minorities (Strasbourg, 1 February 1995)

• The European Social Charter (Revised)(Strasbourg, 3 May 1996)

• The European Convention on Nationality(Strasbourg, 6 November 1997)

Department of Justice, Equality and Law Reform,43 Mespil Road,Dublin 4(01) 663 2694


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