Travellers in Ireland: An Examination of Discrimination and Racism: Part 2
Development of Policies at National LevelThe first phase of a clear and explicit government response to the Travellers in Ireland can be linked to the Report of the Commission on Itinerancy in 1963. The terms of reference of the Commission are revealing in the way the problem being addressed is conceptualised. The Commission set out "to enquire into the problem arising from the presence in the country of itinerants in considerable numbers; to examine the economic, educational, health and social problems inherent in their way of life. . ." In order to provide a better way of life for Travellers the Commission undertook "to promote their absorption into the general community. . ."
The starting point for the Commission was that itinerancy was a problem to be eliminated, and rehabilitation, settlement and assimilation were the means for achieving this. Travellers were viewed as a problem; the Commission Report comments on the social and ethical behaviour of Travellers and their tendency to keep aloof from the majority population. There was no explicit acknowledgement or examination of discrimination towards Travellers. In fact, critics of the Report saw the assimilationist policies it pursued as being discriminatory and racist.
In the subsequent two decades the Report of the Commission provided a framework for action and understanding of Traveller issues. Interventions were viewed as being . for. rather than . with. Travellers. Travellers were frequently referred to as being in need of charity rather than rights. In so far as there was a criticism of the majority population it was expressed in terms of failure to live out the Christian gospel (Bewley, 1974).
The second phase in government policy development with regard to Travellers is contained in the Report of the Travelling People Review Body, 1983. This report had the benefit of twenty years experience since the earlier report and shows a significant shift in thinking by policy makers and others involved with Travellers. The Review Body was asked to examine "the needs of Travellers who wish to continue a nomadic way of life" and how "barriers of mistrust between the settled and Travelling communities can be broken down and mutual respect for each others' way of life increased". Opposition from settled and Traveller activists to the assimilationist approach contributed to a revision of the thinking. Concepts such as absorption, settlement, assimilation and rehabilitation were no longer acceptable and were rejected in the report. The term 'itinerant', which was associated with vagrancy and deviancy, was replaced with 'traveller', which was a recognition of a distinct identity.
Prejudice and hostility, misunderstanding, resistance, indifference and harassment towards Travellers were acknowledged as issues and integration was the goal. However, there was great reluctance to name discrimination as an issue: "The Review Body is pleased to record that there is no evidence of discrimination against Travellers in the granting of social welfare assistance and in gaining enrolment in local primary and second level schools". The Report does refer to " ...many instances of bias against Travellers in the allocation of tenancies of local authority houses". However, the Report, in its eagerness not to be critical of official efforts, is quick to point out that " ... (local) authorities deserve recognition for their accomplishments, often attained in spite of considerable local opposition".
The Review Body did consider the desirability of having special legislation to outlaw discrimination against Travellers as a minority group but concluded that: " ... such legislation would be fraught with difficulties, especially in the absence of a precise legal definition of 'traveller'. Accordingly, the enactment of anti-discrimination laws is not sought".
However, the naming of Travellers in legislation, without any perceived need (on the part of the government) to define . Traveller. , took place in three pieces of legislation in Ireland, subsequent to the publication of the Report and before the Task Force Report of 1995, in effect in direct contradiction of the above:
- The 1988 Housing Act,
- The 1991 Prohibition of Incitement to Hatred Act, and
- The 1993 Unfair Dismissals (Amendment) Act.
The third phase of policy development can be associated with the publication of the Report of the Task Force on the Travelling Community in 1995. This document devotes a full section to the issue of discrimination, which is a reflection of the fact that the key Traveller support groups had made this a priority issue for the previous ten years. It had also become a major media issue. Discrimination and access feature right through the document in relation to Traveller/settled relations, culture, accommodation, health, education and training, youth service provision, the Traveller economy, Traveller women and disabled Travellers. "Academic debate and various international fora focus attention on the link between racism and cultural difference, particularly in scenarios of unequal power relationships. The forms of prejudice and discrimination experienced by the Traveller community equate with racism in the international context". The Report also refers to the need to combat discrimination with legislation and education. "Over the past decade discrimination against Travellers has not diminished. Such a scenario requires new initiatives and new approaches. Public debate has increasingly focused attention on the need for legislative initiatives".
In Ireland, the 1995 Task Force Report outlines the different types of discrimination experienced by Travellers at the individual or interpersonal level and at the institutional level. According to the report, this discrimination experienced by Travellers can be direct and indirect, intentional or unintentional.
International Focus on Gypsies and TravellersThe new willingness to include Travellers in legislation resulted in Traveller Support Groups, Travellers and others mobilising as advocates for Travellers' rights. It has also been facilitated to some extent by outside influences. In 1991, the European Parliament Committee of Inquiry on Racism and Xenophobia reported that, in Ireland: "The single most discriminated against ethnic group is the Travelling People". The Committee, referring to Ireland, recommended "that the only Member State which has not already signed the UN Convention on the Elimination of All Forms of Racial Discrimination, do so as soon as possible".
The UN Commission on Human Rights, in their report Elimination of Racism and Racial Discrimination, 23rd November, (1994), deals with contemporary forms of racism, racial discrimination, xenophobia and related intolerance in a wide range of countries. The report states that: "Gypsies, also called Tsiganes, Rom or Romanies, are a group which is particularly targeted by rising racism and xenophobia in Europe". With regard to Irish Travellers the report states that: "Travellers have experienced widespread discrimination in Ireland . . ." and "Travellers have also expressed the view that, where accommodation and services are provided, these do not always adequately reflect their needs".
The Minority Rights Group International report published in 1995, entitled Roma/Gypsies: A European Minority, says: "Policies towards Roma/Gypsies have always constituted, in one form or another, a negation of the people, their culture and their language. Past policies can be broadly grouped into three categories: exclusion, containment, and assimilation".
-Denial of Racism
-Racialisation
-The Media and Racism