Research into a racist incident reporting service for County Sligo Research conducted for the Sligo Peace and Reconciliation Partnership Committee Report researched and written by Claire Galligan September 2013

This project has been funded by the PEACE III Programme through the European Union’s European Regional Development Fund managed for the Special EU Programmes Body by Sligo County Council on behalf of Sligo Peace & Reconciliation Partnership Committee.

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Contents Executive Summary............................................................................................................................... 5 1.

Introduction: Rationale for this research ..................................................................................... 9 1.1

Overview of Approach ........................................................................................................ 10

1.2

What is racism ..................................................................................................................... 11

1.3

Manifestations of Racism .................................................................................................... 11

1.4

Impact of racism.................................................................................................................. 13

Manifestations of racism in Ireland ................................................................................................ 13 1.5 1.

2.

Manifestations of racism in Sligo ........................................................................................ 16

Racism and the Law in Ireland .................................................................................................... 17 2.1

Equality Legislation ............................................................................................................. 17

2.2

Criminal Legislation ............................................................................................................. 18

Other racist incident recording services...................................................................................... 21 3.1

Garda Síochána Reporting service....................................................................................... 21

3.2

NCCRI .................................................................................................................................. 23

3.3

European Network Against Racism in Ireland (ENAR) ......................................................... 23

3.4

Immigrant council of Ireland ............................................................................................... 24

3.5 Donegal Independent and Confidential Incident Reporting Service for incidents of Sectarianism and Racism ................................................................................................................ 24 2.6

South Dublin Community Network ..................................................................................... 25

3.7

Press Council of Ireland and Office of the Press Ombudsman ............................................ 26

3.8

Racist reporting Services in Irish Schools ............................................................................ 26

3.9

Racist incident reporting in Britain ...................................................................................... 26

3.

Perceived gaps on racist reporting in Ireland .............................................................................. 28

4.

Common Features of a Reporting Service ................................................................................... 30

5.

4.1

Promoting the Service ......................................................................................................... 30

4.2

Reporting the incident to a person ..................................................................................... 31

4.3

Recording the Incident on Paper ......................................................................................... 31

4.4

Using information for statistical purposes .......................................................................... 31

4.4

Supporting people to ‘follow up’ on their incident ............................................................. 33

4.5

Broad Stakeholder Buy in .................................................................................................... 34

Experiences of racism and discrimination in Sligo ...................................................................... 35 5.1

Racism is part of ‘daily life’ for people. ............................................................................... 35

5.2

Every action has a reaction ................................................................................................. 39 2

5.3 6.

Perceived barriers to equality in service provision.............................................................. 40 Views on the establishment of a Racist incident reporting service in Sligo ............................. 42

6.1

Benefits of a ‘Racist incident reporting service’ in Sligo ...................................................... 42

6.2

Developing a ‘user friendly’ service – ‘Trust’....................................................................... 43

6.3

Internal challenges to setting up a service .......................................................................... 45

6.4

Dealing with complaints in organisations............................................................................ 46

6.5

The recording and analysis of data...................................................................................... 47

6.6

Ownership and indicators of commitment ......................................................................... 48

Recommendations .......................................................................................................................... 52 References .......................................................................................................................................... 59 Appendix 1 .......................................................................................................................................... 63

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Abbreviations

CIC – Citizens Information Service DVAS – Domestic Violence and Advocacy Service ENAR- European Network against Racism (in Ireland) HSE – Health Service Executive NCCRI – National Consultative Committee on racism and interculturalism NGO – Non Governmental Organisation NPAR – National Action Plan Against Racism SCCF – Sligo County Community Forum STSG – Sligo Traveller Support Group UN CERD – United Nations Committee for the Elimination of Racial Discrimination VEC – Vocational Education Committee

Acknowledgement Many thanks to everyone who has contributed to this report. A list of all contributors is available in the appendix.

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Executive Summary Introduction: Rationale for the Study

‘Towards Integration in Sligo’ a study carried out by the Sligo Peace and Reconciliation Partnership committee and The Sligo County Community Forum, recommended that an organisation or group of organisations should host a ‘third party confidential reporting service’ for racist incidents. On the basis of this recommendation, Sligo Peace and Reconciliation Partnership Committee decided to commission this consultation study to assess views on the establishment of a service in Sligo. The study has also been informed by looking at other similar models operating in Ireland and the legislative and policy framework.

What is Racism?

In the equality legislation in Ireland there are nine discrimination grounds, one of which is ‘race'. Discrimination on the grounds of ‘race' is described as ‘the treatment of a person in a less favourable way than another person is, has been or would be treated in a comparable situation based on ‘race', skin colour, nationality and ethnic or national origin’. The definition of racism adopted by the Gardaí in Ireland and police force in Britain is ‘any incident which is perceived to be racist by the victim or any other person.’ Institutional racism and the failure to accommodate diversity is often unintentional and can come about through lack of thought, lack of understanding, lack of adequate planning or the persistence of ‘one cap fits all approach’. The outcome of these processes can contribute to failure in, or weaker service provision to cultural and ethnic minorities. Racism can have a strong emotional and psychological impact on victims, often resulting in changed patters of behaviour (e.g. not going out) and long term trauma. Research undertaken in Ireland indicates that many groups experience racism in Ireland, including Travellers, migrants and refugees. The research indicates that racist incidents can occur in schools, employment, on the street, in the community, when using commercial services and when dealing with public services. Racism and the law in Ireland In Ireland racism can be dealt with through Equality legislation, when racism is in the form of discrimination in employment or when accessing goods or services. In criminal legislation, racism does not attract special attention in Irish law. However if racism is a motivating factor in a crime this can be noted by Gardaí. If a criminal assault is motivated by race hate, it is prosecuted as a general assault or an assault causing harm. Unlike Britain, there is no statutory provision prescribing tougher sentences for crimes motivated by race hate. A judge can treat a racist motive as an aggravating factor when determining sentence, however there is nothing compelling her/him to do so and there is little statutory guidance on this issue. The ‘incitement to hatred’ bill has been criticized for being ineffective and the UN CERD has asked for this bill to be reviewed.

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Other racist incident recording systems In Ireland there are a number of ‘unofficial’ racist incidents recording systems and services in operation. To date these are carried out mainly by NGO’s or consortia of groups with an interest in tackling racism. In Donegal a recording service is carried out by Port na Failte – which is funded through the Donegal Peace and Reconciliation Partnership Committee, through Donegal County Council. ENAR Ireland also collects statistics from a number of NGO’s in Ireland. Officially, racist incidents can be recorded by the Gardai, when racism can be noted as a motivating factor in a crime. However there is evidence of under-reporting to Gardai. The booklet ‘Your Police Service in Intercultural Ireland’ outlines “If you have been physical assaulted, verbally abused, had your home or property damaged, if you received hate or racist mails or material contact the police (Gardai)”. Perceived gaps on racist reporting in Ireland The absence of legislation around racist behaviour or ‘hate crime’, means that no group or agency is compelled to report incidents. While Garda can note crimes where there is a racist motivation, Shweppe and Walsh maintain that this does not always happen at a local level. While there is equality legislation which refers to employment matters and accessing services, this does not cover services of the state. Therefore it appears that there is an absence of comprehensive data recording the nature and extent of racist incidents in Ireland. The UN CERD 2011 – section 11 identifies that the “Committee regrets the lack of disaggregated statistical data” on reports of racial discrimination towards people of African origin. Many commentators have noted the limitations of the incitement to hatred legislation and the UN CERD calls for its redrafting. The dismantling of the NCCRI in 2008 means that there is no official independent mechanism for the monitoring of racist incidents, and statutory bodies, education bodies, etc. are not required to record racist incidents for statistical purposes. Common Features of a racist incident recording service By analysing the activities of a number of different ‘racist incident recording services’, some common features can be listed: I. II. III. IV. V. VI. VII.

Promoting the service through campaigns, face to face contact and word of mouth Reporting an incident to a person Recording the incident on paper in as much detail as possible Setting common reporting data fields for statistical purposes Supporting people to ‘follow up’ on their incident through advocacy, self advocacy or referral The need for broad stakeholder ‘buy in’ – taking steps on how to respond to a complaint about a racist incident. Training – to deliver the service and to build an understanding and appreciation of racism.

In all cases racist incidents can be reported by a victim or witness and are received in a nonjudgmental way. In reporting ‘on’ their statistics, services are careful that they use language which indicates that these are the incidences of racism ‘reported to them’ – in this way they 6

are not making claims that all reports have been investigated and brought to a final conclusion Experiences of racism and discrimination in Sligo In all interviews with minority groups, members of voluntary groups and staff from statutory agencies, a wide number of racist incidents were reported. These incidences included incidences of racist verbal abuse in public, ‘lesser’ treatment at public counters, difficulty getting rental accommodation, being refused entry to a dance and many others. Respondents from black African and Traveller backgrounds reported that racism, for them, is part of daily life. People deal with racism by changing their behavior (not going out), trying to ‘laugh it off’ or ignore it, however it has a strong emotional impact on those affected. Of those interviewed, only a minority had taken steps to challenge racist behavior. Some respondents felt that people sometimes played the ‘race card’ and sometimes interpreted incidents as racist when they were not. People within and outside of organisations felt that there are barriers to equality of service provision in the County. Few organisations had clear policies and procedures in relation to addressing racism. Differing views were held about the need to accommodate diversity or whether it is more appropriate to offer the same service to everybody. Others felt that different values and cultural practices have to be taken into consideration, so that an equal service can be provided. Views on the establishment of a racist incident reporting service in Sligo Everyone consulted was able to identify benefits to having a racist incident reporting service in Sligo and agreed that they could be part of a steering or working group for the scheme. The prospect of having such a service was greeted with enthusiasm by minority groups – their focus was on the support they could receive to address their own particular issues, rather than on the gathering of statistics. The need to develop trust between the service and its client base was emphasised, as well as assurances around the confidentiality of the service. The need for a familiar person to report to, was also a high priority. Most minority groups consulted felt that they would not go to the Gardai to report a racist incident. Some agencies had apprehensions about setting up a racist reporting service. Their concerns related to the organisation being put at risk of criticism, that individuals would be labelled as ‘racist’ or that names of “perpetrators” would be held on record. Limited time and staff resources were also named as a challenge at present. Organisations deal with general complaints in different ways, and it was indicated that not all staff follow procedures in relation to complaints. Due process, for an individual, in relation to complaints, was emphasised. All of those interviewed felt that it was important that data was kept and fed into national statistics, however most also felt that it would be unethical to not also support the individual who had been affected. People had differing responses in relation to who should ‘own’ and run the service. Some felt it should be shared between organisations. Significant buy in by the Gardai was named by many. People felt that the service could not operate in a vacuum and would need to be part of a wider ‘education programme’ about racism. 7

Conclusion and Recommendations It is being proposed that an interagency group be established in Sligo to develop and deliver a pilot ‘racist incident support and referral’ service in the County. This group should aim to be made up by 30% statutory, 30% voluntary and 30% minority group membership. This way the service will be grounded within existing organisations. The interagency group will engage in a facilitated process to agree the parameters of a service and gain agreement about how the service will be rolled out in Sligo. Part of this facilitated process will allow members to identify more robust policies and procedures for their own organisations. It is being proposed that some members of this group will also become ‘agents’ for the service (i.e. take reports). One member of the group will also need to take responsibility for analysing statistics from the service on an annual basis. In other areas, interns are taken on to carry out this role. It is expected that following the initial set up period, the interagency groups will meet bi-annually to discuss how the service is growing and discuss implications for agencies in Sligo (and elsewhere) and take action in this regard. It is being proposed that the Sligo Peace and Reconciliation Partnership Committee invest funds to establish and review the pilot phase of the programme. Along with the pilot ‘racist incident support and referral service’, it is being proposed that a programme of ‘good relations training’ be undertaken by front line staff within organisations. A fifth recommendation is that capacity building take place with those from the migrant, Irish and refugee communities, so that they can take independent action on racism in the County and create a voice for communities affected by racism.

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1.

Introduction: Rationale for this research

In 2010 Sligo Peace and Reconciliation Partnership Committee in partnership with Sligo County Community Forum conducted a piece of research which measured attitudes in relation to minorities in County Sligo and presented an overall picture of Sligo in terms of Diversity. One of the key recommendations of this report was that: “The SCCF should consider whether a suitable organisation or partnership of organisations should host a confidential third-party reporting service which could record sectarian and racist incidents and complaints. This should be managed by an organisation trusted by ethnic minorities. Currently there are limited reports of racist incidents to statutory authorities. The research indicates the large proportion of racism and sectarianism goes unreported and unchallenged. The collection of such data should be helpful evidence in challenging any ‘norms’ of tolerated levels of racism or sectarianism in society … local statutory authorities should seek to learn from [other models], in terms of how the service collates, analyses and uses data in challenging sectarian and racist behavior…The analysis of this data, alongside statutory collated data, could allow tracking of community relations, develop understanding of the issues among statutory authorities and encourage reporting of such incidents”. This recommendation also echoes one of the recommendations of the National Action Plan Against Racism which identified that (p74): “At an international level, it is increasingly recognised that multi agency co-operation at a local level can be an effective tool against this form of racist incidents. Multi agency working can be applied to: • Deciding upon coordinated action • Improving future responses • Devising strategic and coordinated approaches to preventing sustained harassment and other forms of threatening behavior • Effective victim support with a number of agencies whose services are complementary”.

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This report seeks to respond to the recommendation in the report ‘Towards Integration in Sligo’ by presenting the findings of research in relation to ‘Racist incident reporting services’. It also presents the findings of a local consultation in relation to developing such a service in Sligo. 1.1

Overview of Approach

To inform this study a number of approaches were taken: 

Review of secondary sources, to set the context for the research



Review of secondary sources in relation to ‘Racist incident reporting services’ developed elsewhere



1-1 interviews with others who have been involved in ‘racist incident reporting services’ elsewhere



1-1 interview with local stakeholders in Sligo



Development of recommendations, informed by the research findings

A list of all those consulted are named in appendix 1. The researcher also attended the meeting on ‘reporting and recording racist incidents’ organised by Pobal1 on the 11th June 2012 in Carrick on Shannon2.

The researcher also participated in a training session

organised by the Donegal incident reporting system, designed to train volunteers to ‘take’ reports. The findings of this report will be presented to the Sligo Peace and Reconciliation Partnership Committee to inform their decision in relation to how to proceed with the establishment of a ‘Racist incident reporting service’ in the County.

1 2

Pobal is a not for profit organisation that manages funding programmes on behalf of the Irish government and the EU Note: The latest Census figures on Migration & Diversity in Ireland - A profile of diversity in Ireland is due out on the th

4 October 2012. This will give us up to date information in relation to the different ethnic groups living in Sligo.

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1.2

What is racism

Racism is a specific form of discrimination and exclusion faced by minority ethnic groups. It is based on the false belief that some ‘races’ are inherently superior to others because of different skin colour, nationality, ethnic or cultural background. (NCCRI) The International Convention on the Elimination of all forms of Racial Discrimination defines racial discrimination as "Any distinction, exclusion, restriction or preference based on ‘race’, colour, decent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on a equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life". In Britain, The official definition of a racist incident, as proposed by the Stephen Lawrence Inquiry Report (1999) is: ‘any incident which is perceived to be racist by the victim or any other person.’ This definition has also been adopted by the Garda Racial Intercultural Unit (Schweppe and Walsh 2008)3 In the equality legislation in Ireland there are nine discrimination grounds, one of which is ‘race'. Discrimination on the grounds of ‘race' is described as ‘the treatment of a person in a less favourable way than another person is, has been or would be treated in a comparable situation based on ‘race', skin colour, nationality and ethnic or national origin’. 1.3

Manifestations of Racism

In the government’s National Action Plan Against Racism, 2005-2008, it is identified that racism can be manifested in the following forms (p. 57): 

Discrimination: Under equality legislation direct discrimination is described as: favourable treatment than another is, has been or would be treated.

less

Indirect

discrimination occurs when policies and practices which do not appear to discriminate against one group more than another actually have a discriminatory impact. It can also happen where a requirement, which may appear to be non discriminatory, adversely affects a particular group or class of persons (p.58).

3

Despite this definition being adopted by the Garda Racial Intercultural Unit, this report suggests that not all Gardai across the country are aware of this definition or how to use it. Combatting Racism and Xenophobia through the Criminal Law, 2008.

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

Assaults, threatening behaviour, and incitement: These forms of racism can include assaults, including fatal assaults, threatening behaviour (including harassment, verbal abuse and incitement to commit crimes of hatred (p59).



Institutional/systemic forms of Racism - Institutional racism and the failure to accommodate diversity is often unintentional and can come about through lack of thought, lack of understanding, lack of adequate planning or the persistence of ‘one cap fits all approach’. The outcome of these processes can contribute to failure in or weaker service provision to cultural and ethnic minorities. The impact of institutional racism was highlighted in the UK through the Mac Pherson Report and its recommendations, following the murder of Black teenager, Stephen Lawrence (p59).



Labelling - The labelling and stereotyping of a whole community occurs through the persistent assertions presented as facts over a considerable period of time, the blaming of a minority community for the broader problems of society and the elevation of the anti social actions of some members of a community to be a defining characteristic of a whole community. Often underestimated, the impact of labelling is sometimes difficult to quantify, but if left unchecked can contribute to creating an environment where assaults, threatening behaviour and discrimination are more likely to occur. Policy responses to labelling, including combating myths and misinformation, requires a nuanced approach and the support of a range of key stakeholders including those working in the media industry. Such approaches should be balanced against the right to publish what is in the public interest.

There is increasing recognition of the need to address racism at an institutional/systemic level and to ensure that institutions recognise and make reasonable accommodation of cultural diversity and take appropriate positive action as necessary, including in the areas of human resources management and service provision (NPAR p.60). The report Hate Crime in Northern Ireland (p. 12) – offers us a further analysis on the ‘acting out’ of racism in Ireland in that “The broad acceptance of sectarian difference, of the necessity of forms of social segregation and a culture that has tolerated and legitimised the use of force to defend ‘our’ community from outside threat is fertile ground for racism. Attitudes, beliefs and behaviours that help to sustain suspicion and mistrust between Catholics and Protestants can readily be transferred to members of other communities. If not 12

liking / trusting / understanding Catholics of Protestants can be understood and rationalised, then so too can the same sentiments be transferred to the minority communities. Sectarianism and racism are not the same, but they both draw on an insufficiently challenged tolerance and rationalisation of prejudice and bigotry”. 1.4

Impact of racism

According to the UK report, Equally Safe, Crime can have a devastating psychological effect on the victim. Racial harassment consists of a series of crimes, each of which can have an overwhelming effect. The cumulative effect of such incidents and crimes can destroy lives through emotional damage, and long term trauma. In the UK research has shown that the emotional impact of racially motivated incidents was markedly greater, than it was, for offences which were not racially motivated. In addition other research has shown that victims of racial harassment become constrained by the fear, and take steps to avoid harassment, for example, by not using the local park, or not going out at night. The All Ireland Traveller Health Study reports that Travellers perceive higher levels of discrimination and lower level of trust in others.

This study maintains that “such a

perception is likely to lower a sense of efficacy and self esteem and this is damaging to mental health and wellbeing” (p.165). The study goes on to say that: “there is a very real basis to this perceived discrimination. The general population often, with honourable exceptions, has little time for Travellers”.

Manifestations of racism in Ireland The European Network Against Racism (in Ireland) produced a shadow report 2010-2011, where they identify how racism is manifested in Ireland.

They assert that racism is

manifested in many areas such as employment, education, housing, health, criminal justice, access to goods and services and the media. Particular Communities such as migrant workers and asylum seekers face particular issues in relation to work and workers rights and education rights. They also identify that there are many issues in the area of housing and accommodation, “particularly for Travellers and asylum seekers”. They also conclude that the experience of poorer health outcomes for particular groups, including Travellers and

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asylum seekers, is related to their experience of racism. This analysis is also corroborated by the All Island Traveller Health Study and the Traveller Health Strategy. In relation to racist incidents, the shadow report identifies that racist violence accounts for 75% of all incidents reported to the Irish Network Against Racism in 2011. They also identify that ethnic profiling4 is an issue. The Concluding Observations of the United Nations Committee for the Elimination of Racial Discrimination 2011 (UN CERD) (18) echo this view, commenting “The Committee is concerned at the lack of legislation proscribing racial profiling by the Garda Siochána (Police) and other law enforcement personnel. The Committee also notes with regret reports that many non-Irish people are subjected to police stops, and are required to produce identity cards, which practice has the potential to perpetuate racist incidents and the profiling of individuals on the basis of their race and colour”. It is also acknowledged in both reports that data currently being collected by official sources in relation to racism greatly underestimate the issue in Ireland and “that appropriate mechanisms to encourage the reporting of racist incidents and crimes” be introduced (UN CERD 15). According to the Migrants Rights Council Ireland, migrant workers are subject to discrimination in the workplace, discrimination in the provision of goods and services, assault and threatening behaviour and the failure of public services to accommodate diversity through lack of thought or planning. The Annual Monitoring Report on Integration 2010 found that employment levels for non-Irish nationals were down 30% compared to 9% for Irish nationals. In research conducted by the Equality Authority in 2009, ‘Discrimination in Recruitment’, it was found that people from African, Asian or European groups were only half as likely to receive an interview as an Irish national.

While decisions under the

employment equality acts and equal status acts on the grounds of race only totally 13 decisions in 2011, it is generally accepted that incidences of racism are higher than official figures specify. Studies carried out by the EU Fundamental Rights Agency (EU MIDIS) and the Teachers Union of Ireland (2010) all indicate a high prevalence of racism, with 46% of teachers were aware of a racist incident in their schools in the previous month. 4

Ethnic Profiling: Ethnic profiling is a type of racial discrimination carried out by people in positions of authority, such as police, who target people for reasons of safety, security or public protection but rely on stereotypes about ethnicity (which can include one’s colour, nationality, religion etc.) rather than on reasonable suspicion. People may or may not be aware that they are acting based on prejudice (MRCI, Singled Out, p. 8) .

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Research conducted by the Irish Centre for Human Rights on the taxi industry in Galway revealed that 46% of the population had been informed through hearsay or indirect experience not to use a taxi driven by ‘Africans’. 62% of African taxi drivers stated that they had experienced discrimination whilst seeking employment in the Galway taxi industry, whilst 100% had experienced harassment that was racially motivated. Observations of the UN Committee on the Elimination of Racial Discrimination calls on the government of Ireland to recognise Travellers as an ethnic group, and that the they should “ensure that concrete measures are undertaken to improve the livelihoods of the Traveller community by focusing on improving students’ enrolment and retention in schools, employment, access to healthcare, housing and transient sites” (13). The committee also note that the number of years that people have to spend in the asylum process in Ireland is unacceptable and has negative impacts on their health and well being. It recommends that steps are taken to address this and the living conditions of asylum seekers are improved (20). The Quarterly National Household Survey (QNHS) (carried out by the Central Statistics Office) had a focus on equality in its fourth quarter in 2010.

The highest rates of

discrimination were reported by people from non-White ethnic backgrounds (29%), unemployed people (22%), non-Irish nationals (20%) and people who were not Catholic (18%). The most common grounds identified by people who had experienced discrimination were race (22%) and age (19%). Bullying or harassment (28%) and working conditions (24%) were the most common issues identified in workplace discrimination. Almost 60% of people who experienced discrimination in the two years prior to 2010 did not take any action in response to their experience. Almost one fifth of people aged 18 or over had no understanding of their rights under Irish equality legislation. In a report ‘Taking Racism Seriously’, carried out by the Immigrant Council of Ireland in 2011, experiences of racism in the community, the workplace and in schools shops and on the streets in Dublin are documented. Among other things, it identified that many families experienced racial harassment from minors. It also noted that anti-social behaviour on estates in Ireland is difficult to deal with. Responses by the Gardai to incidences of racism were not consistent. They concluded that migrants feel disempowered as a result of the racism they experience and there is a perception that they will not be treated fairly – the 15

pressure they felt was to keep their “heads down rather than to seek redress for discrimination and bullying they experienced” p.29. Recent research carried out by the Teachers Union of Ireland identified several issues around the experience of racism and treatment of it in Irish Schools. Over one quarter of respondents (teachers 28%) stated that they were aware of racist incidents (verbal abuse or physical assault) which had occurred in their school/college in the past month. Just over half of all schools and colleges interviewed had an anti-racism policy in place, 32% of respondents stated that they do not have a procedure in place to respond to racist incidents. It was reported that the influx of foreign students has presented particular challenges, and these included that incidents of racist behavior/intimation, towards foreign students, amongst themselves and to some extent towards teachers had increased.

1.5

Manifestations of racism in Sligo

‘Towards Integration in Sligo’ also identified that racism is manifested in different forms in the County. People had encountered individual experiences of racism in including verbal abuse, being followed, being excluded and faced challenges in receiving services. The report also identified that some social groupings, receive particular attention in terms of racism and these include Travellers, foreign workers and asylum seekers. From an institutional dimension, “challenges in the relationship between ethnic minorities and statutory bodies” are noted, however steps to be more inclusive by statutory agencies were also acknowledged (p62). The report maintains that ethnic minorities are not reporting and challenging racist behaviour to statutory authorities – this is due to a poor relationship between ethnic minorities and agencies and an acceptance that a certain level of racism is ‘the norm’ (p. 44).

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1.

Racism and the Law in Ireland

Racism in Ireland is dealt with in Ireland by two types of legislation: •

Equality legislation - when racism is in the form of discrimination in employment or when accessing goods or services

•

Criminal legislation - when one is the victim of a racist incident

2.1

Equality Legislation

In the equality legislation there are nine discrimination grounds, one of which is ‘race'. Discrimination on the grounds of ‘race' is described as the treatment of a person in a less favourable way than another person is, has been or would be treated in a comparable situation based on ‘race', skin colour, nationality and ethnic or national origin. There are different types of discrimination covered by the legislation including direct and indirect discrimination, and discrimination by association. A case can be taken under the equality legislation to address situations of discrimination based on ‘race' in two situations: - Discrimination in employment matters - Discrimination in accessing goods and services (for example when purchasing a product or being served in a restaurant) Discrimination in employment is dealt with in the Employment Equality Act 1998, as amended by the Equality Act 2004. The Act covers situations of accessing employment and employment conditions. The Acts apply to people who: • Buy and sell a wide variety of goods • Use or provide a wide range of services • Obtain or dispose of accommodation • Attend at or are in charge of educational establishments 17

The definition of services under the Irish equality legislation does not include the functions of the State, including immigration and residence process and social welfare services. Racial discrimination in accessing goods and services Discrimination suffered on the grounds of ‘race' or membership of Traveller community (or the other seven grounds) in trying to access goods and services is dealt with in the Equal Status Acts 2000 and 2004. Persons who feel they have been discriminated against based on race can contact the Equality Authority. The Equality Authority may at its discretion, where the case has strategic importance, provide legal assistance to a person who wishes to bring a claim. There are time limits, within which a complaint can be made. In recent years funding to the equality authority has been reduced. The Equality Tribunal is the independent body set up by law to investigate or mediate complaints arising from the equality legislation. The Equality Tribunal appoints Equality officers to hear and decide claims of discrimination in employment and in the provision of goods and services. Equality officers can also mediate in disputes. If mediation is not an option, the equality officer will consider all evidence and issue a legally binding decision, which is enforceable through the Circuit Court. 2.2

Criminal Legislation

Apart from ‘incitement to hatred’, racist behavior does not attract any special attention in the criminal law in Ireland. “Offenses against the person, property offences and public order offences committed with racist intent are not treated any differently from the basic offences where a racist intent is absent5”

If a criminal assault is motivated by race hate, it is

prosecuted as a general assault or an assault causing harm. Unlike Britain, there is no statutory provision prescribing tougher sentences for crimes motivated by race hate. A judge can treat a racist motive as an aggravating factor when determining sentence, however there is nothing compelling her/him to do so and there is little statutory guidance on this issue. This issue was also highlighted by the UN CERD 2011, who noted “the need for racist motivation to be consistently taken into account as an aggravating factor in sentencing practice for criminal offences” (p.4). 5

Shweppe and Walsh 2008.

18

Garda records do record crimes as having a racist motivation. According to Garda policy, offences reported to the Gardaí are determined to be racist offences in accordance with the guidelines set out in the Stephen Lawrence Report, i.e. “If the victim or any other person perceives the crime to be one motivated by racism”.

However many crimes, post

investigation, may transpire not to be racially motivated. According to Shweppe and Walsh, the annual report of the Garda Síochana is of “little assistance in indicating the extent of racially motivated crime”. The nationality of people making a criminal report is not always recorded by the Gardai and the Traveller community are not treated as an ethnic minority by statutory agencies in Ireland6 (Travellers are recognised as an ethnic minority in Britain). Shweppe and Walsh maintain that under-reporting of racist crime to police is a worldwide phenomenon (p. 87). According to the National Plan Against Racism, a range of legislation is in place and can be used against the perpetrators of racist incidents. These include “the Criminal Justice (Public Order) Act, 1994, the Non Fatal Offences Against the Person Act, 1997, Offences against the state act 1939 and protection against harassment provided in the Employment Equality Acts 1998 and 2004 and the Equal Status Acts 2000 to 2004” (p.74). However they also identify that in many other EU states that the racist motive behind a violent act to be an aggravating factor in sentencing. In Northern Ireland, courts have been given new powers to punish more severely, crimes motivated by religious sectarianism, racism and homophobia. The Prohibition of Incitement to Hatred Act, 1989, prohibits any advocacy of racial hatred that constitutes incitement to hatred, hostility or violence on account of race, religion, nationality or sexual orientation’. The Act has attracted much criticism in its effectiveness to address ‘expression offences’. The UN CERD 2011 also expressed regret that this piece of legislation has not yet been reviewed and noted the need to “strengthen the protection of all people from racial discrimination by improving the existing draft pieces of legislation and passing them into law” (point 15). The shadow report of ENAR Ireland asserts that “Racist violence is a problem and Ireland does not have the legal means to deal with it adequately. With regard to criminal justice it

6

The Report of the UN Committee on the Elimination of Racial Discrimination expressed concern at the State party’s persistent refusal to recognise Travellers as an ethnic group notwithstanding that they satisfy the internationally recognised criteria. P.2

19

was found that there are continuing limitations in the capacity of the legal service to recognise and penalise racist motivation in crime. Only one in six people report racist incidents to the police”.

20

2.

Other racist incident recording services

3.1

Garda Síochána Reporting service

An Garda Síochána can note racist motivation, when a crime is reported to them. Figures released by the Central Statistics Office show the number of such cases noted by An Garda Síochána. Year 2003 2004 2005 2006 2007 2008 2009 2010 Overall 64 68 100 173 214 172 128 122 yearly totals Table 1.2: Source: Office for the promotion of migrant integration. www.integration.ie Below, racist incidents are broken down into 10 different classes of crime. This breakdown is only available for incidents from 2006 onwards. Please note that figures are only given where there were 5 or more offences recorded - the result is that the totals in the table above vary slightly from the totals in the table below. Year Assault Minor Assault causing harm Harassment Criminal damage (not arson) Robbery from the person Public order offences Drunkenness offences Prohibition/Incitement to hatred – other offences Menacing phone calls Prohibition/Incitement to Hatred-Section 2 of 1989 Act Total

2006 39

39 5 51

2007 50 17 11 42

2008 45 12 9 29

2009 30 13 22

2010 36 7 7 22

57 6 6

42

34

26

6

5

7

5 9

139

196

157

10 109

98

Table 1.3: Source: Office for the promotion of migrant integration www.integration.ie In terms of reporting a racist incident, An Garda Síochána research indicates that only 18% of people were likely to report a racist incident, clearly suggesting that under-reporting, is as much an issues in Ireland as it is internationally. Both the ENAR shadow report and the research carried out by Shweppe and Walsh, maintain that despite having a Garda 21

Intercultural and Diversity office, responses at a local level (re the recognition of racist incidents) are inconsistent and often dependent on the individual officer in an area (ENAR p25). One of the priorities mentioned in the National Action Plan Against Racism, 2005, was the “development of a comprehensive and integrated data strategy” for offences involving racism enabling effective policy formation (p. 53). Despite Garda recording services, some scholars maintain that this has not materialised. “The best data we currently have can only establish levels of police recorded racism and is not published in police recorded crime reports. Furthermore, by focusing solely on ‘race’, this data ignores the other multifarious bases for discrimination including sexual preference, religion or ethnicity “. (Carr 2008, p.33). Despite criticisms regarding the practice of racism reporting within the Gardai, the booklet produced by the Garda Siochana “Your Police Service in Intercultural Ireland” outlines how a racist incident should be reported. It outlines how victims of a racist incident or witnesses to a racist incident can report the incident to the Gardai. It also outlines how “if you are not satisfied with how the complaint is being dealt with by your local Garda station, you can contact the Garda Racial and Intercultural Office who will liaise with the local station on your behalf. The Garda Complaints Board can also be contacted”. They outline the following ‘useful tips when making a complaint’: 1. Take notes of the incident 2. Keep records of your complaint, including correspondence and copies of completed forms 3. Be aware if somebody witnessed the incident and if possible ask their contact details 4. Seek evidence that will make your complaint stronger (for example in cases of assault, seek written confirmation of injuries sustained from a medical practitioner) 5. If the incident is one of discrimination based on ‘race', contact the Equality Authority and the Equality Tribunal 7. Ensure that your complaint is made in time

22

8. If you have been physical assaulted, verbally abused, had your home or property damaged, if you received hate or racist mails or material contact the police (Gardaí) 9. In the case of reporting a possible crime to your local Garda station, it is often also useful to contact your local Garda Ethnic Liaison Officer. You can also contact Garda Racial and Intercultural Office. The Garda Síochána Ombudsman Commission (GSOC) is an independent police complaints body established by the Garda Síochána Act 2005. It became operational in May 2007. It is responsible for receiving and dealing with complaints made by members of the public concerning the conduct of members of the Garda Síochána (Irish Police). GSOC also has a role in making recommendations about how policing is conducted with a view to preventing further complaints arising in particular areas. No. of complaints made to GSOC alleging discrimination on the grounds of race and/or religion: Year

2007

2008

2009

2010

2011

Count

39

29

25

24

27

3.2

NCCRI

Up to 2008 the NCCRI maintained a qualitative record of racist incidents, which was implemented mainly through NGO’s. They also kept a record of racist material in the media. The NCCRI produced bi-annual reports, documenting the nature and extent of racism in the country. The NCCRI was closed down by the government in 2008. According to James Carr (2010) “The disbandment of the NCCRI has resulted in eliminating the only systemic method used to identify the lived experience of racism and discrimination in Ireland”. 3.3

European Network Against Racism in Ireland (ENAR)

The European Network Against Racism in Ireland compile a record of racist incidents around Ireland. People can log in and report online or through their membership organisations (27 organisations nationally, many of which are national organisations) – made up mainly of NGO’s. The report can be logged by the person who experienced the racist incident or by 23

the person who witnessed it. People can drop in, report online, in writing or by email. ENAR’s service collects information about the incident, the ‘victim’ and the perpetrator, any action taken and the outcome7. With the information, ENAR builds an understanding of how racist incidents occur in Ireland and who is experiencing it. In some cases, they will take action against the people responsible if the ‘reporter’ is willing. All of the details of the incident are held in confidence; information is only handed over if required by law. 3.4

Immigrant council of Ireland

The Immigrant Council of Ireland run a ‘racist incidents support and referral service’ to provide a range of supports to people who have experienced or witnessed racism. The service also monitors the extent of racism in Ireland, so data can be gathered to advocate for legislative or policy change. They can provide support with counselling referrals if required, information about redress or support in making a formal complaint and legal representation. A report can be made by phoning the referral service and then a face to face meeting is held by appointment. 3.5

Independent and Confidential Incident Reporting Service for incidents of

Sectarianism and Racism Donegal County Council as the lead partner for the Donegal CDB Peace & Reconciliation Partnership Committee is responsible for the establishment and coordination of an independent and confidential incident reporting Service to record all reported incidents of sectarianism and racism in Donegal. It was set up with the purpose of measuring the levels of sectarianism and racism in Donegal, using the data to inform policy and analyse the impact of the Peace Plan in the County. Currently all reports are dealt with by Karin White the ‘cultural diversity officer’ in the Council, through the intercultural resource centre: Port na Failte. The office is currently in the process of training volunteers across the county with skills to ‘take’ an incident report and support ‘reporters’ with any follow up necessary. A media campaign has also taken place to promote the service. Reporting forms are available in local libraries, VEC offices, health centres and other community facilities. However, in reality most reports are taken through an informal interview and recorded in a book held in Port na Failte. Between May 2011 and May 2012, 21 racist incidents and 1 sectarian 7

Set the record straight – presentation delivered by ENAR, ‘Making Monitoring Work’ Catherine Lynch, June 22nd 2011

24

incident were reported through the Service. Of these, 8 requested a follow up referral. The incidents can be summarised as follows: Nature of incident

No.

of

incidents

2.6

Arson

1

Damage to property

1

Verbal abuse

2

Sexual assault

1

Physical assault

4

Ridicule

1

Discrimination in the workplace

3

Offensive language/mail

3

Discrimination in Services

3

Garda harassment

7

Traffic warden harassment

1

South Dublin Community Network

A network of 40 organisations - the South Dublin Community Network have collaborated in the establishment of a racist incident reporting service for its area. To establish the initiative, 9 Member organisations of South Dublin Community Platform participated in training with ENAR Ireland. These organisations, mainly based in Clondalkin and Tallaght, then became reporting centres and promoted the initiative locally. The official recording started in January 2012. The network reported that the scheme has become more effective since one of the workers has gone out into communities to promote it, and people have got to meet her. The network has also developed a ‘community work’ response, in which they have formed a group to work on a piece of drama that would be used to start a conversation in the community about combating racism” 8.

8

South Dublin Community Network was a contributor to the meeting: Reporting and Recording Racist Incidents, held on the 11th June 2012 in Carrick on Shannon (organised by POBAL)

25

3.7

Press Council of Ireland and Office of the Press Ombudsman

In 2010, The Press Council of Ireland and Office of Press Ombudsman Annual Report noted that there were 36 complaints made on the grounds of prejudice. This included “material intended to, or likely to, cause grave offence or stir up hatred against an individual or group on the basis of their race, religion, nationality, colour, ethnic origin, membership of the Travelling community, gender, sexual orientation, marital status, disability, illness or age”. (ENAR shadow report). The ENAR report maintains that there is no further breakdown of these 36 complaints, and no data is available on how the cases were resolved. (p61)

3.8

Racist reporting Services in Irish Schools

As already mentioned, recent TUI research identified that just over half of Irish schools they surveyed had an anti-racism policy in place. (In some cases it was seen as adequate that racist incidents were dealt with through anti-bullying policies). However, where there was a process for dealing with a racist incident, the procedures usually involved various stages; speaking to the child/children involved, discussion with senior member of staff, parent liaison and if necessary contacting the Gardaí. The writing of incident reports was also mentioned if the offense was deemed to be racist. The exact understanding of a racist incident appears problematic, especially given language and culture barriers. However the fact that children are involved can accentuate the difficulty in resolving the issue. It does not appear, therefore, that a standard approach to the recording or dealing with racist incidents is used across schools and statistics in relation to racism are not collated. In the research African children were perceived to be involved in more incidents. Some teachers question whether their backgrounds made them more sensitive to “traditional bullying” or whether in fact they were actually targeted. In addition to this, racist incidents also occur between different nationalities of foreign children. The latter occurs more in certain schools with large populations of minority ethnic children (TUI 2011). 3.9

Racist incident reporting in Britain

While it is accepted that Britain has more robust legislation for combating racism, we can still learn from the myriad reporting services that operate in the state. 26

In Britain, where there is specific mention of racism in crime legislation, offenders can be warned, prosecuted, obtain an ABSO (Anti social behavior order) or have an injunction made against them. A court order for possession of a property can be sought if a council tenant or social landlord tenant is involved. In extreme cases, for council tenants, a priority transfer can be made or emergency re-housing. Despite this, there is still under-reporting to the police, and a wide number of ‘racist incident reporting services’ exist – run by NGO’s or local authorities, who record incidents for statistical purposes and to assist people in the ‘follow up’ to their experience . Many victims have been dissatisfied with the response of the police when they report an incident. In some cases, the police have been perceived to show a lack of interest, or indifference, to addressing racial harassment, even though the problem can constitute a criminal offence. Research has shown that victims have found that the police act in a manner which they perceive to be unreasonable and which they interpret as racist or showing some sympathy with the actions of the perpetrators9. Following the inquiry into the murder of teenager Stephen Lawrence, The Race Relations Amendment Act (2000) and Home Office Code of Practice on Reporting and Recording Racist Incidents (2000) required that schools in England and Wales must monitor and report all incidents of racist abuse to their local authority. However, the more recent coalition government has changed that guidance and schools now have no duty to record and report the data. Under their guidelines for schools, it states that: ‘any incident which is perceived to be racist by the victim or any other person is to be recorded as a racist incident. For example, in the Cambridgeshire Race Equality & Diversity Service10, guidelines for reporting incidents of racism in education establishments outlines: “If institutions are to promote race equality and counter racism, all its members need to learn about their rights and responsibilities for life in a multicultural society. They need the knowledge and skills to appreciate differences, including those of race, culture, language and religion, to challenge prejudice and injustice and to resolve conflict. All policies and practices should aim to promote racial equality and harmony, and this aim should be embedded in the curriculum and shared by all members of 9

From the Monitoring Group: http://www.tmg-uk.org/?page_id=813

10

Equally Safe Booklet.

27

the establishment …The governing body should make explicit their expectations of how staff, children and young people should treat each other, and it is essential that parents and carers understand, have confidence in and support the establishment’s commitment to challenging racism”. In Northern Ireland, both racist and sectarian incidents can be recorded and acted upon by the Police Service for Northern Ireland. However, under-reporting is still acknowledged and incidents of racism in the health and education sectors are rarely reported to the Police11

3.

Perceived gaps on racist reporting in Ireland

It has already been noted by the ENAR and Garda reports that there is under-reporting of racist incidents in Ireland. However, it should also be noted that many commentators, feel that the law is not strong enough to deal with racist crime, as a racist motivation cannot be taken into consideration (see section 2.2). Despite the view of the Department of Justice that current legislation satisfies the requirements of the EU Framework Decision on Racism and Xenophobia, it has also been outlined how the ‘Incitement to Hatred’ legislation is not seen as effective in dealing with ‘expression offences’. The absence of legislation around racist behaviour or ‘hate crime’ means that no group or agency is compelled to report incidents. While Garda can note crimes where there is a racist motivation, Shweppe and Walsh maintain that this does not always happen at a local level. While there is equality legislation which refers to employment matters and accessing services, this does not cover services of the state. Therefore it appears that there is an absence of comprehensive data recording the nature and extent of racist incidents in Ireland. In the report by the UN CERD 2011 – section 11 identifies that the “Committee regrets the lack of disaggregated statistical data” on reports of racial discrimination towards people of African origin. Many commentators have noted the limitations of the incitement to hatred legislation and the UN CERD calls for its redrafting. This sentiment is also echoed by Carr (2011) who asserts that the inadequate recording of religiously aggravated crime and

11

Hate Crime in N. Ireland. An overview.

28

discrimination against Muslims in Ireland, serves to perpetuate the repression of minority groups and is “tantamount to institutional racism”. (p.53) The ENAR Shadow report also noted a problem in Ireland with regards to racist violence and said that Ireland does “not have the legal means to deal with it adequately. With regard to criminal justice it was found that there are continuing limitations in the capacity of the legal service to recognise and penalise racist motivation in crime. Only one in six people report racist incidents to the police”. NGO’s have been critical of the equality legislation (the Equal Status Act), in that it cannot be applied to services provided by government authorities or statutory agencies. The impact of budget cuts on NGO’s and the equality authority has also attracted the criticism of NGO’s, as it has lessened their capacity to respond to racist incidents and support those who are affected by racism. While there are a number of agencies in Ireland that compile racist incident statistics, there is no official independent mechanism for the monitoring of racist incidents, and statutory bodies, education bodies, etc. are not required to record racist incidents for statistical purposes. While many agencies have an ‘equality policy’, which is required to comply with employment legislation, the equality policy may not always be applied or fully understood. The Immigrant council of Ireland report ‘taking racism seriously’ reported that the closure of the NCCRI has left a policy leadership vacuum in relation to addressing racism at an institutional level. The authors maintain that the current publicly available data is not reliable due to the under-reporting of racism. In addition, they maintain, without a concept of a ‘racially aggravated offence’ in law, there is little motivation to focus on racism in an investigation.

As well as recommending that the Gardai have clear advice for victims of

racial harassment and violence, it says that the community, local authorities and residents groups should work together to address racially motivated anti-social behavior on estates.

29

4.

Common Features of a Reporting Service

A Racist Incident Reporting Service is a service whereby people can report racist incidents that they experience or witness. This data can then be used to ‘track’ the level of racist incidents in an area and plan for targeted responses. Many services also support people affected by racist incidents to ‘follow up’ on the incident, either through the law (where this is possible) or other means. However, some of those who report racist incidents do not request ‘follow up’ assistance. A reporting service is not set up to ‘investigate’ allegations of racism. Some incidents may have an application in law and in those cases people can be supported to take this route, if they wish. Through discussions and analysis of other services that are working in the state, the main elements of a reporting service are outlined below:

4.1

Promoting the Service

This element received different emphasis by different agencies. Services run on a local basis, emphasised the need to do outreach work, to promote the service. It was felt that people needed to see who they would be reporting to and know that they would respond positively. While a minority will file reports online, the majority of reports do not come this way. One

“It is difficult to put it on paper, it is sensitive, emotional and painful”

service said that “it needs a dedicated worker … people need to see a face, otherwise they won’t report … It is difficult to put it on paper, it is sensitive, emotional and painful”. The majority of services also had a poster campaign to promote the service to the

public – although this on its own was not very effective in encouraging people to report. Promotion of the service also needs to be ongoing.

All services found that people are

reluctant to come forward to give a report, and word of mouth is often the best way to promote a service locally. 30

4.2

Reporting the incident to a person

Services that were consulted for this research indicated that the majority of reports are taken ‘in person’. It is important that the person taking the report has an understanding of the issues affecting minority communities.

Reports are taken in confidence.

ENAR

‘reflection-practitioner’ experience shows that those who receive reports have to be knowledgeable and listened to sensitively. Some services in Ireland have a dedicated worker; however the majority tries to build the service into their ‘usual’ work, as they have a wider brief around inclusion. 4.3

Recording the Incident on Paper

All Services recorded incidents on paper. While many started out having a form, over time they found that it was more effective to have a book, where the incident can be recorded ‘with as much detail as possible’ in the words of the reporter. Services felt that having a ‘person’ to report the incident to was essential, as few people report on line or by mail. In general there is an expectation that something will be done, once a report is taken. Both the Donegal service and the Immigrant Council of Ireland reported that on-line forms, or forms left in offices, were very rarely used. The key things named as needing to be recorded by the Donegal service are (a) the ethnicity of the victim (b) gender (c) what happened (d) who was involved. All Services emphasised the need for confidentiality. As the services are not set up to ‘investigate’ reports, details on the identity of the person behind the alleged incident are not kept on record. In some cases, the victim may request that action be taken (this can be in a number of forms) and in those cases the report ‘taker’ may know the identity of the person, however it has been advised, by some services, that the name of the person behind the incident are not noted or kept on record. The name of the victim can be noted, but only if the victim is happy for this to be done. 4.4

Using information for statistical purposes

All Services we approached for this study, analysed the information collected, for statistical purposes. All sent on their data to ENAR, so it could be used to feed into national statistics. One organisation had a student on placement to analyse data, however it is their intention 31

to give data to a college so that students can interpret trends. Another service also used interns to help interpret data.

It was felt that data could be used as an ‘early warning

service for future trends’. Donegal’s reporting service presents data in relation to: 

Type of incident



Sex of victim



If the victim requested follow up and if they have been carried out



Nature of the incident – e.g. assault, threat, verbal abuse, discrimination



Where incident took place



If victim spoke English



Victims ethnicity



Victims religion

The data presented by this service did not detail responses or link the outcome to the incident. ENAR emphasised the development of a ‘standard framework’ for monitoring racist incidents and that the information is ‘comparable and credible, so that it has the potential for identifying individual and institutional forms of racism. They also recommend that existing civil society infrastructure be used to facilitate a racist reporting system. Questions around the validity of the information recorded were also asked of different services. All groups use the Stephen Lawrence definition – if it is perceived by the person involved to be a racist incident, then it is accepted as such. In that regard the service needs to be non-judgmental. In reporting ‘on’ their statistics, services are careful that they use language which indicates that these are the incidences of racism ‘reported to them’ – in this way they are not making claims that all reports have been investigated and brought to a final conclusion. The purpose of the reporting service is that it gives an indication of what is occurring in society, it is not an allegation that has to be investigated. One case was described, where a person felt that they were being treated in an unfair way by a housing office. Once this person had an opportunity to meet with the housing office and the numbers on the list and lack of resources were explained, they were satisfied that their poor treatment was not due to their ethnicity. It was emphasised however, by all services, that

32

regardless of the views of the person taking the report, all reports have to be taken at face value and received in a non-judgmental way.

4.4

Supporting people to ‘follow up’ on their incident

All services have some measures whereby they can support a ‘victim’ of racism to address what has happened to her/him.

Victims will expect something to be done, however in

some cases people just want to talk.

It is clear, from others experiences, that different

incidents require different responses.

Victims have been supported and accompanied at

employment hearings, advocated for by making a complaint to an organisation, accompanying people to go to the Gardaí or the Social Welfare officer. One service also reported that in some cased they have referred people to counseling and in one or two extreme cases people have been referred to mental health services.

Advocacy12 and self

advocacy as a response, was highlighted by a number of organisations. Wider campaigns against racism, community development responses and programmes to build community relations, have been established alongside or in response to racism reporting services. All services acknowledged that a wide range of referrals and supports are needed in relation to each incident. One service said that the contacts a worker had built up with church and community groups and different services had been very useful when supporting individuals. They felt that they were limited in the provision of legal support (as these are not available). It was noted that the reaction ‘has to be very fluid…with racism every situation is different’. Some services noted resistance, when issues were brought to the attention of different agencies – this can take the form of being ‘defensive’ or ‘protecting the organisation’ rather than listening to the complaint. However others have also noted the value of dialogue with organisations, which can create change and build cooperative relationships.

12

“Advocacy is the act of supporting or arguing in favour of a cause, policy or idea. It is undertaken in to influence public opinion and societal attitudes or to bring about changes in government, community or institutional policies (Tools for Change p. 2) 1

33

4.5

Broad Stakeholder Buy in

From listening to the experiences of different services, it is apparent that for services to function well, broad buy in from a range of organisations is necessary – be it NGO’s, the Gardaí or public organisations. One organiser said ‘the Service has to be part of everybody’s everyday life, agencies need to bring it out to people, it needs outreach’. One commentator said that all stakeholders need to develop a ‘mature understanding’ of racism, “The legislation is so shabby, you nearly have to create it, the analysis is instrumental”. One service felt that the dialogue they have with different agencies in response to reports, and has built more cooperative relationships. They had also found the Garda Intercultural office and individual Gardai in the force to be very helpful. Having a champion within different organisations was also named as being very useful to help create change within organisations. ENAR have raised questions about how such a service should be ‘owned’ and run at a local level: Should the NGO be the leader, fill a gap when nobody else is acting, or be an equal partner in a holistic approach to monitoring racism and sectarianism. While these questions have yet to be answered definitively, it is clear that the service needs ‘buy in’ from a wide range of agencies, including agencies of the state and there needs to be a clear commitment to understand and address racism within the community and work towards ‘action, prevention and change’ (ENAR). Training people in delivering the different elements of this Service have also been highlighted. Some Services, such as the one in Donegal and the South Dublin Community Network, are training a range of people to take reports. This training will support people with listening skills, how to signpost people and broaden their awareness of what racism is. The Gardai are also undertaking this training in Donegal.

“The Service has to be part of everybody’s everyday life, agencies need to bring it out to people, it needs outreach”

Training for

agencies to help them develop policies and procedures, and a code on how to respond to racist incident reports, is also being planned in Donegal.

34

5.

Experiences of racism and discrimination in Sligo

To inform the local consultation the researcher met with staff from statutory and voluntary organisations (hereafter called providers) and members of minority communities living in Sligo. Questions posed to the interviewees are listed in the appendix. In total 24 one-toone interviews and discussions were held with various stakeholders.

Ten of those

interviewed were members of minority groups living in Sligo. All of the data gathered through interviews was organised into a number of themes and interpreted. The result of that analysis is presented in the following sections. 5.1

Racism is part of ‘daily life’ for people.

In interviews with all the stakeholders, people described incidences of racism and discrimination on the grounds of race that had happened to themselves or somebody they knew of. Over 50 racist incidents were reported to the researcher for this report by those who experienced incidents and witnesses to incidents. These incidences related to the following domains: 

Several accounts of neighbour harassment and intimidation, including verbal abuse towards adults and children and damage to property, with obvious racist intent



Being spoken to in a nasty way by staff in some organisations



Being verbally abused on the street



Sexual harassment



Unfair treatment in employment



Difficulty getting a job interview and being selected for a job, despite having the qualifications



Unequal treatment at school



Being physically threatened on the street



Being refused entry to premises and events



Being refused to be served in a pub



Being stopped and searched on the street



Being accused in the wrong, and the assumption of guilt



Difficulty in securing rental accommodation



Continually being treated with suspicion 35

The unequal treatment that people received varied from blatant, in your face abuse, to more subtle hostility and exclusion. People, who are black African and Travellers, described how racism is a regular occurrence for them every day. While in some incidences, hatred is expressed in a direct fashion, it is clear, that in other situations the ‘discriminator’ may not even be aware they are treating the person in an unequal or cruel way. Some of the stories collected are reported here to give the reader an insight into the impact of racism on people’s lives. The stories speak for themselves.

“The first day I came it was a Thursday, the next day I went to town to get clothes, I bought a bag to put them in, all I had when I arrived was a black bag. Me and my friend put our things in the bag. The next thing 2 Gardai came running and another one on a bike, they got us to take off our shoes on the street and checked our pockets, checked our receipts and wallets, we had receipts for everything. I asked what had we done, we had to empty our socks, it was inappropriate on the street, people were standing and looking and making assumptions”. (Black African man)

“I was walking in town, somebody started shouting, suddenly I realised he was shouting at me, he came towards me like he was going to punch me, I started running away, he was shouting at the top of his voice, you f**** black bi***, following after me. After that I found myself not going out, it took a year to recover from that, I started realising slowly that not everyone has this reaction”.

At the [public service], one lady, her face changes when I go to the counter, at first I thought okay she's just having a bad day, but then I watched her and realised that with Irish customers she is nice and pleasant and then her mood changes when she sees me, it is very blatant”. (Black

(Black African woman)

African woman)

36

“I Went to the leisure centre, in the steam room, a man turned to me and asked are you African, I said yes, and he said to me ‘you do business don't you’, I said what kind of business, he said ‘you know’ I was mad it put me off going there”.(Black African woman)

“When you are walking on the street, people turn back and look at you and then they grab their handbags, why do they think like that, does the person think I am going to grab it? (Black African man)

“Housing is dreadful, trying to get rented accommodation is impossible, the minute they find out you are a Traveller the property is taken” (Traveller woman)

“I experienced racism, I was refused entrance to a dance. There was an add on the radio that said pay at the door, 9 of us went, they wouldn't let us in, they said it was a private function and we needed tickets, I tried to seek advice but there was nobody to help me, I rang a solicitor three times, but he didn't get back to me” (Traveller woman)

“I sat in a bar, the people beside me moved, then I sat in another place and the people there moved too. I put my hand out to say hello, but the person wouldn’t even look at me”. (Black African woman)

37

“Last Halloween, we bought tickets for 10 euro, it was a fundraiser, we were left in the place for a while, but then we were brought into another room, and refunded our money back, they wouldn't let us go in”. (Traveller woman)

“A Traveller can be discriminated against 10-15 times a day, you ignore it to get by, it is something that is normal to you, a fact of life, only when I got a new job my coworker said, that is wrong, they are treating you like that because you are a Traveller”. (Traveller Man)

“It happened in church, peace be with you, they refused to shake my hand. Another person offered”. (Black African woman)

“I had a card to use the [public service] until 4, I arrived at 4 but the receptionist told me to go in, then the manager came out, raging like a bull, shouting at the top of his voice to me: "Globe House, You are not supposed to be in here now", everyone was looking, I got out and left, my friend stayed but she was too upset and left shortly after, there were lots of other people in there from Globe house, but they were not black”.

38

5.2

Every action has a reaction

In all of the incidences, described by the ‘victim’, it was conveyed that they were humiliated by the incidence, often in public. People described feeling hurt, ashamed and angry. In the majority of cases people felt that there was nothing that they could do, and so their response was to walk away. One man said, ‘now I just laugh’ in the case of one woman who regularly verbally abuses black people on the street in Sligo: “if you let it all in, how would you live your life’. One woman described how she stopped going out all together for a year as she was so traumatized by a racist experience. Another said “I haven’t experienced too much racism recently as I haven’t been going out that much”. One man described how you notice that people in Globe House become sick, ‘you can see them losing weight, they are not themselves’, he felt that this was due to the stress of the asylum system and the exclusion they experience from Irish society, experiencing racism is part of this. In some cases people did try to take action. In one case a woman tried several times to contact a solicitor, as she felt the law had been broken, however the solicitor failed to get back to her. In another case a man approached a manager [of a public service] who had spoken offensively to him the day after the incident, in that case the manager acknowledged that he had been wrong and apologized. In another case the man regularly visited his son’s schools to ensure that he was being taught in school (not left colouring) and was receiving homework. He felt that the situation had improved somewhat, but only after several meetings with the Principal. A few of the providers interviewed, while accepting that racism is an issue, also felt that some people played the ‘race’ card and sometimes interpreted situations as racist when they were not. It was felt that sometimes this was done to demand a higher level of service than is reasonable or the norm. Some providers described how they had taken action, to incidences where racism had been a factor. In one case a family had been moved from an estate, due to their experience of racist abuse and intimidation there. Local authorities can take action if they feel there has been a breach in a tenancy order or through their anti-social behavior unit.

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5.3

Perceived barriers to equality in service provision

All of the staff interviewed were able to identify barriers that may result in the unequal treatment of clients by their own or another organisation. It was acknowledged that each person has their own ‘baggage’ and this can influence how they view people from different backgrounds. In this regard, it was acknowledged that the need for clear policies and procedures and a culture of tolerance within an organisation is crucial to ensure that people gain equal treatment. It was felt, by some interviewees, that this is not always the case. While some people in organisations were committed to respectful and equal service, this was not consistent among staff across the organisation – it was felt that this was the case in the Gardai, Local authorities and the education services. One person also said that they felt ‘stifled’ by the organisation in ‘addressing issues such as racism’. This lack of consistency was reflected by a number of minority group respondents, who noted that sometimes you fail to get fair treatment when somebody is ‘filling in’. People reported that most staff in organisations treat them equally; however there is one or two in organisations who do not. There was much discussion, from a range of agencies, in relation to ‘the same’ or equal treatment for minority groups. Most organisations felt that minority groups had particular needs as they came from different cultural backgrounds, had different ways of inter-relating and are accustomed to different kinds of gender relations. This was particularly evident in one story told; where a public servant felt he couldn’t speak to a woman or trust her because she wouldn’t look him in the eye. This woman came from a cultural background where it is seen as disrespectful to look a person in the eye. He was frustrated because she wouldn’t change her behavior now that she was in Ireland. It was felt by the woman’s case worker that this lack of understanding prevented the woman from getting equal and fair treatment. Statutory agencies also showed that they have been responsive to racist incidents happening to tenants on a council estate. In this case the anti-social behavior unit in the County Council worked with the Gardai to help address the situation and respond to the needs of the family. However, questions were raised by some organisations about whether having different guidelines for the treatment of some groups, was of benefit to them, and whether it would be better if everyone was treated the same. This view was held in particular in relation to 40

Travellers. An alternative view was expressed by a person from a voluntary organisation who said “we cannot treat everyone the same, we are not all the same, values are different from ours and we have to take that into account, we have to listen to their point of view”.

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6.

Views on the establishment of a Racist incident reporting service in Sligo

6.1

Benefits of a ‘Racist incident reporting service’ in Sligo

Everyone who was consulted for this research was able to identify benefits to having a Racist incident reporting service in Sligo. From the point of view of agencies, foremost, it was recognised that it would assist in ensuring that everyone is receiving equal treatment, and that the individual clients would have greater protection in dealing with the various statutory agencies in Sligo. However a range of other benefits were also noted: 

That there would be greater accountability in organisations. It would no longer be the responsibility of just one person (e.g. ethnic minority liaison person), rather everyone would have a responsibility



It would bring the issues of racism to public attention, increase awareness of the issue and create debate.



It would show that the inclusion of ethnic minorities is being taken seriously, and acted upon at a county level



The data gained from such a service would validate what is known anecdotally, feed into national statistics and identify trends within the County. It was also felt that these statistics could then be used to advocate for greater policy change in this area.



It would mean that organisations and groups would need to strengthen their policies in this area and this was seen as a positive thing.



It was felt that it would allow staff to name an issue within their own organisation, without being identified, or putting their own position at risk.



Some organisations felt that it would benefit their own work by targeting resources effectively to deal with issues of this kind.



It was felt that engaging in a process to come to an agreed definition and understanding of racism, between agencies, would greatly benefit service users.



It would help people deal with issues of racism in employment and service delivery in everyday life.



It may prevent the incident from happening to somebody else



It would help people to address what had happened to them or take action. 42

From the point of view of those who felt they could use a ‘Racist incident reporting service’ – the idea of having a Service was greeted with great enthusiasm. Their focus centred on the opportunity to acknowledge what had happened to them and to get support to help them follow up or get redress for what had happened to them. People felt that they had very little information at present, about what to do, or what the law will allow. One of the main issues, identified by them, for addressing racist incidents was to ensure that the same thing didn’t happen to somebody else. People also felt that having data about racism in Sligo, would make the public and the government more aware of what was happening, and agreed that data gathering would be important. However the value of the service to hear what they were saying and gain advocacy support and information, to address what had happened to them, was emphasised more in interviews with minority groups.

6.2

Developing a ‘user friendly’ service – ‘Trust’

All but one of the people interviewed, who felt they would potentially use a racist incident reporting service, put a strong emphasis on the person taking the report and the need to have ‘trust’. This person would need to convey that they understood what they were hearing and have a level of empathy for the ‘reporter’: one person said “Listen - don't judge somebody coming in, like if they were wearing a tracksuit, believe what they are saying and be friendly, then it will go from one to another that it is good”. Some people were unsure at first if a white Irish person would be able to do this as they might be biased, but on reflection they felt yes they could, if they had an understanding and appreciation of minority issues. As well as ‘the person’, many also named the need for ‘a place’ where you

“It would be good if we can be informed where paperwork goes to, it needs to be clear, you need to have confidence in it, at the moment we have no confidence in the service itself”.

could go where interculturalism would be appreciated and celebrated. For some this was seen as an integral part of a service. Many respondents talked about the need for the person to be familiar, this echoes the experiences of other services, where reports increased when a ‘face’ was put on the service. They felt that this 43

familiarity and trust would need to be earned over time. If people saw that this person was sympathetic to others and helped them to resolve the situation, then it was felt that other people would come forward. Some also saw the need for this person to be ‘strong’ or ‘tough’ and able to challenge others. The primary function of the service for ethnic minorities, was to get redress for their racist or discriminatory experiences. The need to manage expectations, in this regard, came across through the interviews. People were not clear on the limitations of the law regarding racism, and may expect more positive outcomes with the support of an advocate than might be possible. One organisation also identified that many people need counseling following a racist experience and that this is not always available or affordable. Another voluntary organisation pointed to the limited resources of the equality authority to take on cases. The difficulty of proving a case of racism in equality and criminal law was also alluded to. Confidentiality was emphasised by many respondents. It was conveyed that this was due to the ‘humiliating’ nature of racist experiences. People were asked if they would fill out a form to make a racist report. One person felt that they would do this, if issues of anonymity could be assured. Others felt that they would want to know where the form was going and who was going to read it. Some felt that if there was a form they wouldn’t feel comfortable handing it to somebody in a public service as they would know who it was from. One person commented: “It would be good if we can be informed where paperwork goes to, it needs to be clear, you need to have confidence in it, at the moment we have no confidence in the system itself”.

Minorities were asked if they felt they could go to Gardaí with a racist incident. Most felt that they could not. It was felt that if an Irish person was involved, the story of the Irish person would be automatically believed. It was also felt that the Gardai would not act on their behalf. It came across that people were unclear as to what types of racist incidents could be considered criminal matters. In general people were not knowledgeable about the options open to them following an experience of racism. The emotional impact of racism came across in people telling of their experiences. Many people were visibly upset as they retold their stories. One woman explained how she had 44

learned to cope with her experiences through a course she was undertaking with DVAS. While some also named Diversity Sligo as being very helpful, others felt that they had no one to turn to at present.

6.3

Internal challenges to setting up a service

While there was support for the establishment of a service, all those consulted were able to identify challenges they would face within their own organisations, which may impact on the effectiveness of a racist incident reporting service. While these were identified as challenges, it was still felt that the establishment of a service would be possible, however measures would need to be taken to address these issues. It was expressed that this service may present a risk to an organisation, in that they would be exposing themselves to criticism. The need to protect the image of an organisation and ‘self preservation’ was emphasised and it was felt that this would be an issue when getting ‘buy in’ from the management of an organisation. Related to this was the fear that people might abuse the service in order to ‘punish’ an organisation or ‘punish’ an individual within an organisation. Other services that are currently operating in Ireland felt that something like this had never happened and saw it as an unlikely occurrence. Others felt that naming racism specifically, might ‘make it a bigger issue than it is’, and in this regard favoured having a general response in relation to the 9 grounds and therefore not naming racism specifically, others did not hold this view and felt it should be dealt with separately. Several people noted that ‘racism’ was a very emotive word, and that nobody wanted to be labeled as a ‘racist’. In this regard, they felt the service would need to progress at an agreed pace to ensure that it was understood that the service was not about labeling, but learning. One manager remarked that everyone can have racist thoughts, however what is important is that we don’t act on these prejudices while in the workplace. A related challenge was the need to have an agreed understanding of what racism is throughout the workplace and it was felt that there isn’t a shared understanding at present. A risk in coming to a shared understanding was that the definition of racism might become ‘watered down’ to keep everyone on board, and that this would greatly compromise a service.

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Many organisations named having the time and staff resources to implement a service fully would be a challenge – this was mentioned in relation to staff doing training to understand the service fully and raise their awareness of racism. It was also felt that people would need time in organisations to gain ‘buy in’ from their own management and/or management groups. Like this, people didn’t’ want more red tape and another layer of bureaucracy. It was also pointed out that the organisation could only take on responsibility for issues that it had a function to address. One voluntary group felt that in the absence of government policy that agencies would not change as they wouldn’t have to.

Another person

commented that the organisation could not be responsible for everything, only issues within their own remit or functions. Negative attitudes towards Travellers in some organisations – and breaking down the ‘acceptability’ of this was named by a number of organisations.

6.4

Dealing with complaints in organisations

Only one organisation interviewed, could speak with clarity on their policies and procedures in relation to racism. While others ‘thought’ they had a policy on equality, they were not clear on it or they felt it was something very general and did not offer procedures in relation to how to recognise a racist incident, or how to deal with that if it happened. Only one organisation reported that they had dealt with a discriminatory incident under the nine grounds, by using their policies and procedures. For this manager the procedure was clear. Her experience was that a member of staff had spoken in a disrespectful way to a group and it was conveyed that this was due to their sexual orientation. The incident was made known to the manager by another member of staff and a member of the group. To deal with the incident, the manager followed the disciplinary procedures and the outcome was that the worker was issued a verbal warning and it was explained to him why this kind of behavior was unacceptable. Procedures about how complaints in general were dealt with, were not as clear in other organisations. People noted that different people in an organisation dealt with complaints in different ways and that not all people responded to complaints. This was despite there being a policy on how to deal with complaints. One man told a story of how he had written a 46

letter (in relation to discriminatory treatment), but that he never got any response. If there was racist ‘chat’ in an organisation, one staff member felt that people would challenge each other informally. However she also acknowledged that derogatory statements against Travellers in particular were commonplace and tolerated. One person felt that issues that were raised publicly by NGO’s were dealt with more effectively. It was important to some organisations that the rights of an individual to due process would be followed, if a complaint was made against them. It would be important for there to be respect for all of the parties involved. One interviewee felt an allegation of racism would be ‘awful’ for the individual and the organisation. Another organisation felt that racism happened everywhere, and she said she would be more concerned about an organisation that never had any complaints than one who had.

6.5

The recording and analysis of data

All those interviewed felt that it would be unethical to establish a racist incident reporting service without supporting victims to deal with the incident. However the recording and analysing of data would also need to be an essential component.

In addition, all felt that

the service needed to feed into a regional or national data bank, so that trends could be compared and a more accurate national ‘picture’ could be formulated. Common to all incident reporting services in Ireland is that the information is held confidentially. Only when a person decides to act on the incident, does it become known to the other party – at that point the other party should have the opportunity to respond. Ensuring confidentiality (for the individual reporter) was emphasised by potential users of a service and a number of agencies. Some apprehensions were voiced, in relation to reports that are made, where a second party does not have the chance to respond. While the data is confidential, one person felt that they wouldn’t want their name on a list somewhere – unchallenged. Another person raised a case, where somebody felt they were being treated in a racist way, when in fact they may not have received a service due to other reasons e.g. lack of resources. If the ‘victim’ did not accept this view of the incident, could the second party be accused of being racist again and how would this be recorded in the official statistics. 47

One interviewee said that there should be some clarity from the statistics, of the outcome, when a report was ‘followed up’. His reason was to give the racist report validity or to expose that the racist report was not grounded. Another person also felt it would be clear to document outcomes – but rather as a strategy to build relationships. For this person it was important that good as well as bad practice is recorded, so that good practice can be informed and encouraged, and that the racist incident data is not just all about ‘where organisations went wrong’, but where they may have responded positively to a report.

6.6

Ownership and indicators of commitment

Questions around who should own and run the service received a variety of answers. Inclusion of a range of agencies was named by many, including the voices of ethnic minorities and groups that represent them.

People felt that it would be important to

include a range of agencies to give validity to the service and to ensure that organisations are responsive to complaints. It was also seen as important that ‘no one agency’ would control the service. Others felt is should be placed within an NGO, independent of the state. All those interviewed said that they would be happy to be involved in the establishment of a service. One agency felt that they would need to get the go ahead from ‘the top’ and felt that they may be less interested to get involved13. While asylum seeker respondents agreed that they would consider being involved in the establishment of a service in Sligo – some did not want their names recorded for inclusion in this report. There is a reasonable fear that raising issues against the state, can affect their application for asylum. The absence in Sligo of a representative community group, owned and run with ethnic minorities, that deals with issues of racism is notable 14. The absence of citizenship rights for asylum seekers is a factor in this regard. While the inclusion of state agencies and an interagency approach was put forward by many, fears around ‘conflict of interest’ and the ‘watering down of the definition of racism’ were also raised. One observer noted that there is a risk that the ‘arms of the state can 13

The researcher requested a response from management, but no response was received. While there are some ‘nationality’ groupings in Sligo – there is not an overarching group dealing with issues of exclusion associated with migrants, new communities or refugees. Diversity Sligo does respond to individual issues of minorities and offers them support and advocates on their behalf. STSG deals with issues affecting Travellers. 14

48

support each other’s position in the non-recognition of racism – it becomes a circular abusive service’. Some agencies did place great emphasis on the ‘preservation’ of the organisation and emphasised the challenges of being involved in a service. The reluctance to use the word ‘racism’ and questions around taking it outside of the 9-grounds was also raised. Inclusion of the Gardai to have an integral role in the reporting service was named by many. While some felt that they could lead the service, others felt that it should be cited in the community sector, with significant buy in the Gardai – this would be in relation to analysing trends, responding to reports, supporting the Service and working to ensure that racism was understood and dealt with by the force.

Some felt that the Gardai should hold the

information and people should report to them, however this was not a view held by ethnic minority respondents. People noted that there was better practice in the North in this regard, however legislation in relation to ‘hate crime’ in the North, has to be taken into consideration. The Gardai were clear that they could not be involved in responding to complaints against Gardai, as this is now the remit of the Office of the Garda Ombudsman. However they said that they would be happy to be on a working group, encourage positive responses to racism and they would encourage people to report incidents. What is clear is that everyone felt that the Service could not operate ‘in a vacuum’. Training would need to undertaken to build awareness of racism by staff in organizations and the community and organisations would need to build robust policies and procedures to deal with racism.

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7.

Conclusion and Recommendations

Responding to racism is not clear cut. It needs to be specific and broad. It needs to address policies, practice and cultural norms.

It needs to empower minority communities to

participate fully in society, to name and address the exclusion they experience. It needs to create opportunities for people to come together and learn about each other, so stereotypes can be broken down and cultural misunderstandings can be addressed. In this respect, the task that is in front of us is not easy, however that doesn’t mean that we shouldn’t do anything. Ultimately, it should be clear that the goal of a racist incident reporting service is to build better relations in society. It is not there to ‘punish’ bad behavior, humiliate people or discredit an organisation. In moving forward for a better society, all groups need to recognise the benefits to themselves. The National Plan against racism makes it clear that multi agency co-operation at a local level can be an effective tool in addressing racist incidents.

It was proposed by one

respondent that what was really needed was for organisations to develop clear policies and procedures and act on them. However, would there be an onus on the organisation to act, if a reporting service was not in place? Primarily, we need to consider the needs of ethnic minorities. Racism and discrimination is a part of daily life for them, this appears to be more pronounced for black African and Traveller respondents, research from secondary sources would also validate this analysis. For them, the prospect of a ‘racist reporting service’ was greeted with great enthusiasm and an expectation that the service could ‘right the wrongs’ that they had experienced. Given the limitations of the law and what has been described as the ‘acceptable’ level of discrimination by government and society, we need to be realistic about what a reporting service can achieve. However, we have seen, that having an advocate on board can help people progress their cases and get some satisfaction. With most of the services we have looked at, it is too early to tell if this has resulted in better outcomes for ethnic minorities overall. However at an individual level, people have been able to get some redress for incidents that had happened to them, through employment or service delivery. While it is clear that a collective community response in needed, this needs to be managed appropriately. The representation of minority ethnic groups to guide and inform this 50

process is essential. This representation would need to come from a clear analysis of the issue, on the part of community groups, and a common approach. In conversations with minority respondents, a reporting service was valued in terms of the advocacy and support it could offer users. However it was also seen by some as part of a wider programme that valued minority groups, gave them a place to meet and a way to educate the wider community. While there are some community groups operating in Sligo that have this role, they may not have the capacity to address and record racist incidents in a systematic way. Currently no voluntary organisations that were consulted are doing this. At the same time, there does not appear to be an independent organisation or group with the participation of minorities at a decision making level with the capacity to represent the needs of migrants or refugees residing in the County. From an inter-agency perspective, we have been presented with some challenges that have led us to question whether a statutory agency should have a leading role in the development and implementation of a racist reporting service in the County.

It is

acknowledged that statutory services have a role in responding to racism and ensuring that their clients are treated equally. It is not a function, for example, of local government to address racism in situations outside of its remit. While it is a function of the Gardai to address racism where it related to criminal law, it is not its remit to address it in relation to employment or receiving goods and services. We are also reminded about respondents concerns about the ‘watering’ down of the definition of racism and the need to ensure the preservation of the organisation and not to invite criticism.

At the same time, the

involvement of different agencies is necessary, to ensure greater equality, to inform the analysis of data and to build a culture where racism is understood and not tolerated. Getting a balance, in this regard, has informed the recommendations being put forward. Other services have reported that people are reluctant to come forward to make a report. All services that were consulted did not have a high volume of reports to deal with. Building networks in the community and establishing trust are essential for the service to work. These sentiments have been reflected also in Sligo. Similar services have also reported that the follow up to incidents can rely on having personal networks and establishing links with supportive organisations like counseling, community or church groups.

Limitations of

51

resources by lead organisations and others, has meant that coordinated responses are not often possible. The Recommendations have been formulated on the basis of the primary and secondary findings of this report.

Most services in Ireland are also in their initial phases, so it is

difficult to pinpoint the best model – these recommendations have attempted to include different features from a number of services. It is also difficult to compare services in Ireland and Britain, as the legislative framework is so different. All of the organisations and groups in Sligo who were consulted for this study said that they would be willing to be part of a steering group for a reporting service. However, recommendations have only been drawn up after consultation, therefore agreement has not been reached about the depth and scope of this participation.

The Sligo Peace and Reconciliation Partnership Committee

will have a role to play in gaining the participation of the various agencies and groups. In drafting the recommendations, issues of time constraints and sustainability have been taken into consideration.

Recommendations

1

• Establish an interagency group to develop and deliver a 'racist incident referral and support service' in County Sligo.

2

• The interagency group to engage in a facilitation and training process to build understanding and skills to deliver the service.

3

• Organise a publicity campaign and set up a pilot service

4

• Training for front-line staff to build good relations

5

• Capacity building to support the establishment of an independent respresentative group of minorities in response to racism

Recommendation 1-4: An interagency working group be established to design and deliver a ‘racist incident referral and support service’ in County Sligo on a pilot basis. 52

It is being proposed that this will be comprised of 30% statutory agencies (e.g. Local authorities, VEC, HSE, Gardai, Citizens Information Service), 30% voluntary and NGO organisation with an interest in addressing racism (e.g. Sligo LEADER, Diversity Sligo, other) and 30% minority groups (e.g. STSG, individuals from minority groups, representative minority group). It is being proposed that this group participate in a facilitation and training process, to gain agreement and understanding on the role of the service and build the capacity to deliver the service locally. It is also being proposed that some members of this group undertake training to become ‘agents’ of the service. Training for the group may include training on interculturalism, understanding racism, how to take reports and make referrals and good relations training. It is proposed, that a number of members will become ‘contact points’ for the service, both in statutory and voluntary agencies. A common system for recording incidents will be established. Following the initial setting up period, the group will come together every 6-9 months to analyse data collected, share learning and assess the implications for agencies and minority groups in Sligo. Rationale and Strengths: 

In consultations with groups in Sligo, all those contacted, expressed an interest in becoming involved in a steering group for a racist incident reporting service



The service will be grounded within existing structures and survive beyond the term of the Peace Partnership Committee.



The development of the service in the county will have ‘buy in’ from key agencies, groups and individuals.



The make-up of the group will ensure that Travellers, Black and other minorities have a central role to play in the development and roll out of the service, which will be essential in the context of engaging users of the service, and empowering them to advocate on their own behalf.



It is compliant with ENAR’s best practice guidance which suggests that racism recording be placed within existing civil society structures



The interagency group will work to develop a common analysis of racism and react in response to racist incidents in the County.



To build acceptance for the service and develop appropriate responses.

53



By engaging in an initial training and facilitation process, possible threats to the project can be addressed.

Possible Threats: 

Currently in Sligo there is not an independent representative group of minority communities (apart from STSG), with an analysis of racism.



All members may not come to the table with a similar analysis of racism. The definition of racism that is currently used by the Gardai (and is used by all other services of this kind in Ireland) should be used by the group: any incident which is perceived to be racist by the victim or any other person.



Lack of trust between minority groups and statutory services



The independence of this group, to act in a collective way in response to racism or speak publicly in response to racism.



Possible lack of ‘buy in’ from ‘the top’. However the research has shown that there are individuals within all organisations that have a personal commitment to address racism and this can affect change ‘from within’.



Time of agencies and groups to invest in the process



Ongoing resources to deliver the service and resource the interagency group.

Input of the Peace Partnership It is being proposed that the Peace Partnership invest ‘seed’ money to develop the pilot phase of this project. This project would involve appointing a person or group to … 1. Bring together key agencies and groups to form an interagency working group. 2. Engage the participation of this group to undertake a training and facilitation process (3 full days and 3 half days over 6 months). 3. Developing a working agreement for the group 4. Appoint training expertise to support the group in the ‘set up’ phase 5. Train staff and volunteers to take reports and offer support and referral 6. Work on behalf of the group in developing paper work, report ‘forms’, guidelines and identifying any data protection issues etc. 7. Seek agreement around how to run and develop a project campaign to promote the project 54

8. Work on behalf of the group to run a promotion campaign for the establishment of the service. 9. Establish agreement around the setting up of a common recording system - the keeping of a book by all projects, with common data fields, is recommended for this. 10. Develop policies within organisations which assists organisations in the recognition of racist incidents and how to respond to them. 11. The appointment of a lead agency (non statutory) to take responsibility for analysing the data on an annual or bi-annual basis (in other counties, interns have been appointed on an annual basis to take on this role) 12. The development of an online resource, which can be added to by report ‘takers’, which lists agencies, groups and individuals that people can be referred to after experiencing a racist incident. 13. Delivering 2 half day training sessions to front line staff within 8-10 organisations and voluntary groups to build awareness in relation to racism Potential Outcomes 

An interagency group with a common understanding and response to racism.



The Systematic recording of racist incidents in the County



Support for victims of racism through referral, advocacy or self advocacy



Developing skills within organisations around referral and advocacy



Building solidarity among organisations to address racism



Raising issues publicly in relation to issues of racism



Potential to question ‘the state’ and statutory services in relation to issues of racism – within and outside of the group.



Documenting of the range of racist incidents experienced by people in the County



Documenting positive responses made by businesses, organisations and agencies in response to racist incidents and racism.



Working to build cooperative relationships with agencies as well as challenging unfair practices



Providing ‘back up’ or ‘clout’ to individuals when they are following up reports.



Developing an analysis of the data (annually) and identifying implications for policy and service delivery in Sligo 55



Submitting data to ENAR to feed into national statistics



Publicly making statements in relation to the reporting service



Advocating for new responses to racism at a policy and legislative level.



Keeping the service ‘simple’ and user friendly

Considerations This research has shown that the growth of a service is slow. It takes time to build trust in a service and show that there can be a positive outcome. However, it has also shown that the group will need to be mindful of managing expectations of such a service given the limitations of the law in this country. The absence of ‘hate crime’ legislation and the inadequacy of the ‘incitement to hatred’ bill, means that many crimes cannot take ‘racism’ as a factor, into consideration. The limited resources of the equality authority means that only a number of cases are taken each year. However, a ‘racist incident reporting service’ is not about investigating crime, establishing facts, identifying victims or perpetrators. For this reason, any reports made to a reporting service will always be alleged. Names of alleged ‘perpetrators’ should not be recorded. Names of victims should only be recorded if they are willing to do so. Annually the interagency group will be able to publish the figure in relation to the ‘racist incidents reported to them’.

Where an agent suspects that a criminal case may be possible, the

incident should be referred to the Gardai, if it is not acted on at this level it can also be referred to the Garda intercultural office or the Garda Ombudsman. If an agent suspects that the person has a case under the equal status act, then it can be referred to an appropriate authority. However in many cases the response may be to support the person to advocate on their own behalf, make a complaint or advocate for them. The feedback from other services has shown that with advocacy, a better outcome is often possible for the victim. The interagency group may be involved in discussing the follow up to individual reports, however those persons involved should not be named. Individual reports may be discussed to highlight good practice, share learning or highlight a poor response. Ultimately it will be up to the interagency group to agree a way of working that honours the rights of all people involved, and the role they will take in response to issues – this is why a facilitation process 56

is being proposed. Following the pilot phase a review with all members of the group should take place to establish if an interagency group is the most effective way to deal with racist incidents.

Recommendation 2: Capacity building to establish a community Group to represent the views of black and ethnic minorities in County Sligo in relation to racism. There have been many initiatives in Sligo that have worked to engage ethnic minorities and support their needs.

Diversity Sligo and the work of the Sligo LEADER Development

Company offers vital support, advocacy and training to refugees and other minorities in the County. However, an independent community group that can articulate the views of the migrant and refugee communities, in response to racism has not been established. This report proposes that a programme of community work be undertaken with people from these communities to support them in developing a response to racism. People interviewed for this report emphasised the need for a space for people to come together, for different cultures to be celebrated, for engagement between the Irish and minority communities and the need for the public to be educated about people from minority cultures and build understanding. The Peace Partnership should consider support for this initiative, through this project or through another project or partnership agreement as part of the current programme. Potential Outcomes: 

Building of relationships in and between ethnic minority groups and the Irish community



Local ethnic minority, migrants and refugees will develop a collective voice in relation to issues that affect them and be in a position to feed into local policy making and representative groups



Able to articulate the views of the ethnic minority community in relation to policies and issues that affect them



Provide links to the ethnic minority community living in Sligo and promote the use of the racist incident reporting service 57



Establish an independent, open space where people can meet and where cultural difference is celebrated.



Ensure that ethnic minorities have a role to play in informing civic life in Sligo, beyond the life of the Peace Partnership Committee.



Play a key role in the development of a racist incident support and referral service in the county.

58

References

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Amnesty International State of the World’s Human Rights Report 2009, http://report2009.amnesty.org/en/regions/europe-central-asia/ireland, accessed 24 August 2010. Annual Monitoring Report on Integration 2010, ESRI/The Integration Centre. F. McGinnity et al. April 2011. P15 Birmingham, D. (2001). Forum for People with Disabilities. 2.2 pg. 9 Carr, James. Measuring Islamophobia. ISSN 2009-3144: Socheolas, Limerick student journal of sociology. Volume 2, Issue 2 Community Workers Cooperative. Tools for Change. A community work resource. Concluding Observations of the United Nations Committee for the Elimination of Racial Discrimination 2011 (UN CERD)

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law, November 2008, http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:328:0055:0058:EN:PDF, CSO Statistical Yearbook 2010 CSO. Quarterly National Household Survey. Equality Quarter 4 2010 Discrimination in Recruitment. Equality Authority. 2009 Employment Equality Act 1998,

ENAR Ireland Report of Seminar on Racist Crime, published 2010 ENAR SHADOW REPORT 2010-2011. Racism and related discriminatory practices in Ireland. Author: Catherine Lynch, ENAR Ireland. Research assistant: Clare Mc Crum 59

ENAR Shadow Report: Racism and Discrimination in Ireland (2009/2010) ENAR Shadow Report: Racism in Ireland (2008) available on http://www.enar-eu.org/ ENAR, ‘Set the Record Straight’ Making Monitoring Work. Presentation delivered by Catherine Lynch, ENAR, June 22nd 2011. Equal Status Acts 2000 and 2004. Equality Act 2004.

Equality Authority, Discrimination in Recruitment, http://www.equality.ie/index.asp?locID=105&docID=794, Equally Safe. Cambridgeshire Race Equality & Diversity Service. Guidelines and procedures for dealing with and reporting racist incidents in educational establishments. Cambridgeshire County Council.

EU – MIDIS, European Union Agency for Fundamental Rights European Union Minorities and Discrimination Survey (2009), Fundamental Rights Agency, EU MIDIS Report, EU Fundamental Rights Agency (EU MIDIS

Hate Crime in Northern Ireland An Overview . Institute for conflict research. Niacro. AGIS 2004. Housing (Traveller Accommodation) Act, 1998, available at http://www.irishstatutebook.ie/1998/en/act/pub/0033/index.html http://fra.europa.eu/fraWebsite/attachments/eumidis_mainreport_conferenceedition_en_.pdf, accessed 16 July 2011 http://www.fedvol.ie/_fileupload/Research/Concept%20of%20Advocacy%20for%20People% 20with%20Learning%20Disabilities%20in%20Ireland.pdf ICHR/NUIG Taxi Research 2010 p 612 Incitement to Hatred Act, 1989,

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Joint submission by UK NGOs Against Racism to the UN Committee on the Elimination of Racial Discrimination (CERD) with regard to the UK Government’s 18th and 19th Periodic Reports , July 2011 Migrant Rights Council Ireland. Singled Out: Exploratory study on ethnic profiling in Ireland and its impact on migrant workers and their families, MRCI . April 2010 MRCI, Hidden Messages, Overt Agenda. P 9 National Action Plan Against Racism 2005-2008

NCCRI. Anti-racism information pack. Equality and anti-racism sub committee. http://www.nccri.ie/pdf/info-pack.pdf Racism, ethnic discrimination and exclusion of migrants and minorities in sport. A comparative overview of the situation in the EU. FRA October 2010 Results of the Behaviour and Attitudes (B&A) Survey on Racism, Interculturalism, and Resources for Minority Ethnic Students incorporating the Recommendations of the TUI Equality Council, April 2010: RIDING ALONG WITH RACISM? Research on the Galway Taxi Industry: Employment Opportunities, Patterns of Public Use and User Perceptions. by Dr Vinodh Jaichand, Deputy-Director, Irish Centre for Human Rights, National University of Ireland, Galway. Shweppe and Walsh. Combatting Racism and Xenophobia through the Criminal Law. National Action Plan Against Racism and the NCCRI. 2008.

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The Concept of Advocacy for people with Learning Disabilities in Ireland Author: Gina McNamara, 2009 The HSE National Intercultural Health Strategy 2007-2012 The Immigration, Residence and Protection Bill 2010, http://www.oireachtas.ie/documents/bills28/bills/2010/3810/b3810d.pdf, accessed October 2011 The Traveller Health Strategy 2002-2005. Department of Health and Children.

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Appendix 1

Contributors to the report, some contributors wish to remain anonymous

African Refugee living in Sligo (female) African Refugee living in Sligo (male) African Refugee living in Sligo (male) Alesandra Tomas Brian Killoran, Immigrant Council of Ireland Camilla Smyth, Sligo LEADER Partnership Co. Deirdre Finnerty, Sligo County Council Francine Blache Breen, Donegal Community Workers Coop, Member of Interagency group established for the Donegal racist incident reporting Scheme. Geraldine Timlin, Sligo County Council Iranian Refugee living in Sligo (male) Jane Golden, Sligo Rural Enabler Project Josette Newman, Diversity Sligo Karin White, Donegal Independent and Confidential Incident Reporting Scheme for Racist and Sectarian Incidents Kathleen Stokes, Sligo Travellers Support Group Killian Forde, The Integration Centre (presentation made at seminar in Carrick on Shannon) Lynda O Hanlon Rahmoure, Sligo Domestic Violence Advocacy Service Martin Mongan, Sligo Travellers Support Group Michelle Kearns, South Dublin Community Platform 63

Mary Hough, Sligo Education Centre Orla Barry, Citizens Information Service, Sligo Pamela Andison, Sligo County Council Paul Skinnader, POBAL Phillip Maree, Sligo Garda Station Rosie Maughan, Sligo Travellers Support Group Sean Purcell, CEO, Sligo VEC Superintendent Mary Murray, Sligo Garda Station

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