No. 340

DECEMBER Bulletin 2004 RUNNYMEDE’S QUARTERLY

This Is Where I Live – on Video

In 2003, Runnymede embarked on a ground-breaking arts project designed to give young people a voice – This Is Where I Live:The past, present and future of multi- ethnic Britain. Runnymede’s Director, Michelynn Laflèche, explains how the outcomes are being made ready for a range of audiences.

TIWIL, as we’ve come to refer to it, has engaged a diverse range of young people, through the arts, in a countrywide debate about heritage, identity, nation and citizenship. Now, in November and December 2004, the project has entered its final phase, and we are engaged in creating a ‘virtual exhibition’ and teaching resource in the form of a CD-Rom, website and video presentation. In the June issue of The Runnymede Bulletin we reported on what we then expected to be the main elements of the final phase of TIWIL.After some

ISSN: 1476-363X RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 1 chance to relate the outcomes to the National Curriculum through support materials for teachers, youth workers and other education practitioners, enabling them to raise the issues of belonging, identity, racisms and heritage in a variety of settings and with confidence. In spring 2003, Runnymede put out a call to young people’s groups (formal and informal) to invite their participation in TIWIL. Our aim was to identify groups of young people, aged anywhere between 11 and 25, who would be interested in using the arts to talk about citizenship and how this relates to where they live. Some groups were already running activities that could incorporate this theme; others were excited by the challenge and designed a project from scratch.Twenty-seven groups expressed an interest and 14 groups, involving 150 young people, were selected to take part.They mixed independent artistic activity with structured discussion groups, conducted with the support of Runnymede.These discussion groups have enabled us to compare the experiences, ideas and beliefs of young people across the country. This Is Where I Live reflects the diversity of young people in Britain. It has offered the participants an opportunity to be involved in a local project, which has enlarged their skills and interest in the arts, while supporting the development of their understanding of citizenship, self-identity,‘race’ and racism, combined with active membership of communities and being reconsideration and the establishment of a new able to contribute to a nationwide policy debate. A partnership with Skillset, the Sector Skills Council for significant proportion of the creative projects the Audio Visual Industries, we elected to transform produced work that lends itself to a ‘virtual our idea of creating various forms of paper-based exhibition’ format such as our proposed CD-ROM, output – an exhibition and a large-format illustrated including photography, video/film, multi-media arts book, for example – into a video and CD-ROM and writing.The CD-ROM, spotlighting six of the package, accompanied by guidance for teachers on participating projects and including a special segment classroom use of the resources. in which Professor Bhikhu Parekh FBA elaborates his This transformation enables us to create an thinking on the themes, will provide a space in which engaging record of the activities undertaken as part to demonstrate the diversity of young people’s ideas of the TIWIL project, and to present the outcomes around these themes, and allow for the widest to a policymaking audience in a fresh and innovative possible number of people to engage with, learn way. In addition, the CD-ROM format allows us the from and be inspired by the project.

2 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 The six spotlighted groups are: • Fitzrovia Youth in Action (photography) • Monkwearmouth School in Sunderland (video) •Trash Fashion at Belfast Community Arts (fashion design) •Merseyside Youth Association (poetry) •Bristol Youth Music Action Zone (music and lyrics), and • Shahck-Out Too! at RJC Dance in Leeds (dance)

We’ve been revisiting each of these groups over the months of November and December, with a film crew, so that we can feature follow-up interviews with the young people on the project’s themes, and explore their creative work in more depth. When the project is launched we will also publish a policy analysis of the focus groups on our website to accompany the video presentation and CD-ROM. Six of the TIWIL project groups were revisited, interviewed and Finally, plans for a national youth conference are filmed in November 2004. These still in the frame for late spring 2005, to bring stills show members of groups in Belfast, Bristol, Leeds, Liverpool, together the outcomes of this project with related London and Sunderland working Runnymede projects and with those of other with Runnymede staff and the film organisations, and present them to youth and crew, and Professor Parekh being interviewed at the House of Lords. policymaking audiences. Photographs are by Benedict This project has been a truly wonderful Hilliard. experience for all of us involved. We are most grateful to all of the participating youth projects, ROM, and led the filming sessions.Thanks also to without whom we could not have undertaken this Benedict Hilliard, Photographer, for donating his work. Also, our thanks go to: the supporters of time to the project and producing still shots of the Phase 1 of our project, the Lloyds TSB Foundation; sessions, some of which are reproduced here. to the Paul Hamlyn Foundation for support in Finally, our very special thanks go to all the young developing and initiating Phase 2; and to Bloomberg people who took part in the projects and the filming. who have supported the production of the video These young people are living testimony to the fact and the CD-ROM. that the UK is an exceptionally diverse nation, and We also want to thank Carol Jacobs, Film that communities bring with them their own lived Producer from Skillset, and Shabazz L. Graham, experiences, thoughts and realities, all of which go Creative Director of Heart Vision, who worked towards making our society vibrant to inhabit and with Rob Berkeley and Michelynn Laflèche to grow up in.Their words, thoughts and creativity are develop the storyboard for the video and CD- our future. Indeed, that future is now. ❑

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 3 From agenda setting to outcomes at the CPS

The Crown Prosecution Service is • The Service is seen as performing well on some INSPECTION transforming its performance on equality key aspects of the equality agenda. However, AND and diversity, writes Séamus Taylor, the with the exception of equalities monitoring in REGULATION employment, and performance monitoring, the CPS’s Director of Equality and Diversity, and Service acknowledges that the review of the a Runnymede Trustee. equalities impact of CPS work is weak and fragile.This applies to public confidence, The Crown Prosecution Service (CPS) is community engagement and general case modernising, not just as part of a wider reform of monitoring, as well as to hate crime the Criminal Justice System (CJS) but also in the monitoring. A lot has been done.There is much context of a an even wider reform agenda on still to do. equality and diversity.The resultant overlaps and The Stocktake Report recommends that continuities place a shared emphasis on improving CPS pursue the Mainstreaming Plus approach performance, engaging the public, ensuring delivery to equality and diversity. of outcomes, and building trust and confidence in public services across all communities. • This involves achieving a balance between Within these contexts, and 3 years on from the mainstreaming equalities into wider structures and Denman Inquiry into racial discrimination in its work processes, while retaining the specific internal practices, CPS has produced a Stocktake equalities structures and the focus necessary to Report, addressing equality and diversity issues drive the agenda forward. Equalities issues in throughout the organisation.What follows is a digest CPS will therefore form a vital part of of some of the most pertinent material from the corporate and unit business plans, performance Stocktake Report presented as observations, review systems and consultation processes. responses and action points for us at CPS to take Alongside them will be equalities structures, forward. programmes and targets supporting these actions specifically. Overview Mainstreaming Plus is an appropriate • CPS had been slow in responding to equalities approach for CPS, which has been through an legislation and good practice. agenda-setting phase on equalities. An efficient Management attention focused on the issue in and effective approach, suited to a context of the late 1990s, with the threat of intervention constrained resources, it will help move the by the Commission for Racial Equality after a equality agenda further into the mainstream at number of tribunalcases and concerns about a pace and to a level consistent with current prosecution decision-making. CPS responded achievements and future challenges. with an independent review, the Denman Inquiry. • The priority In applying the Mainstreaming Plus Within 3 years of publication of the Inquiry’s approach is to move equalities into its logical findings, the Service has not only delivered on second phase – the delivery of outcomes. Here its recommendations but gone on to carry out the challenge is to identify a limited set of further work, and in consequence to develop a outcomes which measure the equalities impact reputation as a considerable achiever on of CPS business.These will be integrated into equalities. CPS’s relationship with the CRE has performance review, supported by functioning been transformed and the two organisations management information systems.The Service are now in a partnership agreement until 2007. will then report regularly and publicly on achievements. • The recent Stocktake Report concludes that CPS has successfully journeyed through its first phase Phase two on equalities – agenda setting. The issues are Real opportunities to deliver on this challenge ‘This second well known and key elements of the include work under way to refine the CPS Areas and phase will be infrastructure for effective delivery are in place. HQ performance review system over the coming defined by its CPS has also undertaken important policy year, introducing equalities and people measures, and focus on development and community engagement the future development of management information performance.’ work on gender, disability, sexuality and race. systems.

4 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 • This second phase will be defined by its focus on Taking stock of equality and diversity in CPS performance. Work is at an advanced stage for putting in place an assortment of equalities Strengths measures, with 1 April 2005 as the target date. Key strengths that have been noted in CPS’s These measures include: outcomes of the performance on equality and diversity are worthy of prosecution of hate crimes; measuring the some closer attention here. impact of community engagement; assessing the • High-level leadership for the agenda has INSPECTION levels of employee satisfaction; and the produced a sharp focus on the importance of AND effectiveness of workforce representation. equality and diversity in CPS.This leadership, REGULATION There are risks in moving equalities into this initiated by Sir David Calvert Smith,1 has been challenging phase. Given the scale of sustained by Ken Macdonald QC DPP and achievement in recent years, albeit from a very Richard Foster, Chief Executive, and supported low base, there may be a temptation towards by the Attorney General, all of whom who complacency. After the fanfare of agenda setting, have given an explicit and often repeated the focus could wane and CPS then risks failing commitment to deliver a public prosecution to embed change.Well managed, these risks can service known for its results on equality and be overcome.With sustained leadership and a diversity. Guardians relentless focus on delivery, we believe that CPS • In terms of disability, ethnicity and gender, the of Race Equality

has the potential to become a beacon on workforce overall is representative of the Perspectives on Inspection and Regulation equality and diversity in the public sector. population that CPS serves.With over14%

1 For an account CPS Wins Award for Community Consultation by Sir David The Crown Prosecution Service is the recipient of RaceActionNet’s 2004 award for organisational Calvert Smith of excellence on equality and diversity in the public sector. the phases of The award, made at the annual RaceActionNet conference, positively recognises the ways in which CPS’s reappraisal CPS opened up its policy to diverse communities. In giving them access to decision-making, it promoted of its equality and a policy on racist and religious crime that is accessible in style, language and format.The award was in diversity policies, particular recognition of the community consultation which underpinned CPS policy on prosecuting see Guardians of racist and religious crime. Race Equality (a Director for Public Prosecutions, Ken Macdonald QC said: Runnymede Trust ‘We are delighted to achieve this external endorsement of our work on publication edited equality and diversity.We are determined to be known for our results in by Rob Berkeley), this area. Prosecuting hate crime robustly and fairly is part of our which contains a commitment to protecting diversity.’ range of perspectives on Séamus Taylor, CPS Director of Equality and Diversity, said: inspection and ‘In the past 3 to 4 years we have made great strides to secure one of regulation. It the most diverse workforces in the public sector, together with policies contains a and practices fit for prosecuting in a diverse society.This is a recognition Foreword by of the journey travelled and will inspire us to continued progress.’ Audrey Osler and a contribution The CPS Racist and Religious Crime Prosecution Policy Statement sets out the way in which the CPS from Fiona deals with cases of racist and religious crime, explains the offences and how the law works, how Mactaggart, and decisions about prosecutions are made and how these cases are monitored by the CPS. It also explains the themes of policy on communication with victims and witnesses during the life of a case and special measures, which trust, can be provided to support particularly vulnerable victims and witnesses at court. A copy of the policy accountability, statement and the guidance to prosecutors is available on the CPS website at www.cps.gov.uk, along with regulation and a leaflet summarising the statement and detailed guidance for prosecutors.The statement has been partnership are translated into ten community languages. Braille and audiotape versions are also available. explored widely. Three other CPS projects received commendations from RaceActionNet:

•West Midlands CPS for work with the police and education services on developing an anti-gun and gang education programme; •Coventry CPS for their partnership work with West Midlands Police in the ‘No Witness, No Justice’ programme to set up witness care units in the area; • Sussex CPS, and specifically the work of the late Mrs Rachel McConnell, the Area Equality and Diversity Champion, for her tireless work with the Brighton and Hove Race Forum in monitoring all racially aggravated prosecutions to ensure that lessons are learnt and best practice is spread.

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 5 BME staff, CPS is the most diverse Whitehall •Management information systems need to department, and already exceeds ethnicity and generate essential equalities data. disability targets set for the Civil Service for • Simultaneously there should be a review of 2008. parallel paper and IT-based monitoring of hate • Some excellent community engagement and crimes. policy development on hate crimes has recently INSPECTION received the fillip of external acknowledgement. Employment: AND In October 2004 CPS received picked up • Plans should be brought forward to address the RaceActionNet’s award for Organisational few remaining areas of under-representation of REGULATION Excellence on Equality and Diversity in target groups in upper-middle and senior recognition of the community engagement management levels. 2 As did the National which underpins its Racist and Religious Crimes • The Prosecutor Workforce Strategy should be Audit Office in Policy.2 The Service has also embarked on a used to also devise a management- December 2004 – range of Director-level community engagement administration workforce strategy, which will see below.The CPS Racist and Religious initiatives which include the developing and address ‘the grade divide’. Crime Prosecution deepening of our links with Muslim communities. • By building on the existing staff survey, Policy Statement sets • Good performance information on equalities in representative responses could be secured from out the way in which employment has enabled internal performance specific groups of employees. CPS deals with cases of racist and religious monitoring and review procedures to be • Unpacking disparities in performance appraisal crime, explains the effectively activated and maintained. and disciplinaries through impact assessments offences and how •A well-established Equality and Diversity Unit, and taking corrective action where required – the law works, how with clear links to service-wide management and this is planned and about to commence. decisions about governance, has allowed significant • Undertaking a review of the equality and prosecutions are made and how these mainstreaming to occur. diversity employee complaints procedure, cases are monitored • The engagement of key critical stakeholders in focusing on issues of confidence, costs and by CPS. It also framing its statutory Race Equality Scheme has timings, is an action recommended for the near explains policy on been a noticeable first for Whitehall. future. communication with victims and witnesses • Innovative work on domestic violence has been • And by continuing to learn from employment during the life a case another noteworthy outcome of the positive tribunal cases and ensuring that the lessons are and special measures profile given to equality and diversity within CPS. properly disseminated across the organisation, which can be •Brave impact assessments of key aspects of CPS CPS can continue to improve its performance provided to support work, including the prosecution decision-making both as a service and as an employer. particularly vulnerable victims process and deaths in custody, are being carried and witnesses at out and publicised. Prosecution policy and practice: court. • Under the statutory charging initiative, CPS With these factors positively combined within the takes over from the police the responsibility for 3 In the National Audit Office’s first Service, CPS is increasingly securing external charging decisions in all but the most minor ever report on recognition and approval – as most recently offences.This organiszational change creates diversity, Delivering evidenced by being shortlisted for, and becoming the opportunities which must will be taken up to Public Services to a runner-up in, the prestigious Guardian Public Services overcome historic issues, such as inappropriate Diverse Society (released on 10 Award – Equality and Diversity category (23 reductions in charging in relation to hate December 2004), November 2004). An even more recent accolade has crimes, and overcharging of minority ethnic after a major survey come from the National Audit Office, hailing the CPS defendants. of 131 government as ‘exemplary’ in recognition (once again) of the public •With domestic violence, homophobic crime bodies, the initiative consultation of stakeholders which underpins its Public and racially and religiously aggravated crime, is one of four 3 highlighted as an Policy Statement on Racist and Religious Crime. CPS needs to pursue consistent example of good implementation, moving beyond good practice. Delivering Key areas for improvement engagement and policy intent.There is also a Public Services to a The recent Stocktake has also identified a number of need to address training, performance Diverse Society can be found at priority areas for future focus. monitoring and the role of specialist www.nao.org.uk and coordinators. hard copies can be Overall: • Establishing Victim and Witness Care Units obtained from The •Performance review of the equalities impact of creates opportunities for providing appropriate Stationery Office [tel: CPS business is weak and fragile and, as a services to diverse witnesses. By realising these 0845 702 3474]. A copy of the CPS priority, this needs strengthening. opportunities CPS would raise public policy statement and • There is a need to move the agenda into its confidence in the Service. the guidance to logical second phase – a focus on delivery of • Improved handling of racially and religiously prosecutors is equality outcomes.The recommendation is that aggravated offences is strongly indicated; also available on the CPS website this should be done through refining the existing bringing this improvement together with [www.cps.gov.uk]. performance review system. delivery of the Diversity Monitoring Project

6 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 (DMP) and Her Majesty’s Crown Prosecution • Review as a priority the regional Equality and Service Inspectorate (HMCPSI) Reports. Diversity Officer structure to maximise added • There is a need to continue to make the case value from the available resource within the wider CJS for comprehensive • Refine all Equalities Committees and related measurement of public confidence, ensuring roles, in the context of the Review of CPS’s adequate booster samples of target groups to Board and its linked committees – with equality obtain reliable results. and diversity (a) represented on the CPS INSPECTION Board at Director level and (b) explicitly built AND Community engagement: into the titles of the People and Equality and REGULATION •A community engagement strategy, which is at Policy and Equality Committees an advanced stage, should be a priority for For copies of further development, together with supporting Concluding points ‘Addressing tools and conduct of pilots. Learning from this Although at CPS we were a relatively late starter on Equality and should be rolled out across the organisation. this agenda, the Service has achieved a good deal in Diversity in the Crown a short space of time, and can take pride in its Prosecution Equalities structures, focus and governance: recent record of achievement. It has moved in a few Service – A The next step for CPS is to: short years from the spotlight of CRE enforcement Stocktake • Shift the focus of equality and diversity to an increasingly thorough embrace of best practice. Report’ resources from agenda setting to support While there is a lot more to do – to move the focus (September 2004) contact performance review, retaining adequate focus on from agenda setting to outcomes – we are Paula Eaton on on all agendas, including those of age, disability, committed to realising this transformation and to 020 7796 8790 faith and sexuality, which are in the process of sharing information on our progress and challenges or e-mail development as we meet them in the years ahead. ❑ paula.eaton@ cps.gsi.gov.uk. Incitement to

Religious Hatred: A Debate GOVERNMENT Will the government make good or bad law around this emotive question?

On 24 November 2004, the government introduced the Serious Organised Crime and Police Bill into parliament. What Government Says The Bill contains 155 Clauses and 16 Schedules, with Part Following the Home Secretary’s announcement in his speech to the 4, Public Order and Conduct in Public Places etc., including Institute of Public Policy Research on 7 July 2004, the Government has a proposed new offence of ‘incitement to religious hatred’. introduced protection against extremists who stir up hatred against people The introduction of such a proposal has long been awaited because of their religious beliefs or lack of religious beliefs.The new by both organisations and individuals concerned with protection is being brought forward as part of the Serious Organised preventing discrimination based on race and on Crime and Police Bill. religion/belief. But there are many human rights and civil This offence expands on the existing incitement to racial hatred liberties specialists who have argued against this kind of offences and will close the unacceptable loophole that mono-ethnic faith legislation for just as long, people and groups whose groups are protected from incited hatred whereas multi-ethnic faith groups commitment to racial equality and equality of rights for are not. adherents of a particular religion or belief runs just as It will not interfere with legitimate debate or religious activities.The deep.This is an issue that sharply divides people in their proposed and the existing offences both carry a high threshold in order to opinions. protect freedom of speech. Offensive words/actions must be threatening, With the Bill anticipated to make speedy progress abusive or insulting and must either be intended or likely to stir up hatred. through parliament, and with only a short period between Hatred is a strong term going beyond simply causing offence or hostility. publication and second reading, we want to inform our The hatred must be aimed at people who are members of that group not readers about the key issues being raised in principled ideologies. All prosecutions also require the consent of the Attorney debates for and against the extension of the racial hatred General.The provisions accord with, and operate in the light of, the legislation to cover religion and belief. In this issue we are guarantees afforded by the Human Rights Act and the European presenting three views, articulated by organisations with a Convention on Human Rights. legislation specialism – Liberty, Justice, and Sir Anthony The protection has been requested by key leaders in all the major faith Lester’s Odysseus Trust. communities and has been subject to detailed consideration over the past Given the importance of this issue, with its implications three years. It will provide a powerful response and strong deterrent for our legal system and social mores, we would welcome against the activities of extremists who threaten our communities. responses to this section that might be considered for Home Office, Faith Communities Unit, 3 December 2004 publication in our next issue – March 2005.

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 7 The Government want to make incitement to religious JUSTICE welcomes the hatred a criminal offence. Anthony Lester QC1 and proposal to extend the crime Alison Hayes2 argue that British Muslims need the same of incitement to racial hatred protection against religious discrimination (including to cover religious hatred as it will harassment and pressure to discriminate) as is now enjoyed send out a strong social signal of the by ethnic minorities.There is also a need to abolish the archaic offence of blasphemy. unacceptability of hatred on the What is not needed is a new offence of inciting religious hatred (rather than violence) grounds of religion or belief, argues that threatens the free speech of everyone, including Muslims, and would be divisive in Gay Moon1. practice. e already have a wide array of someone because of their ethnicity – an attack urrent provisions cover offences protecting public order on their human dignity and common humanity incitement to race hatred. Race is Wand ethnic minorities – offences – and an attack on beliefs, ideas or practices. It Cdefined as including Jews and for threatened breaches of the peace and is right to deter and punish the former. But free Sikhs but not Muslims, Hindus or worse.The Anti-Terrorism, Crime and Security speech means that even criticisms that shock, Christians – this is unequal and creates a Act 2001 also created new offences of offend or disturb one section of the hierarchy of victims. religiously aggravated assault, criminal damage, community should not be made criminal. The report of the House of Lords public order and harassment, alarm or distress. What is urgently needed is a law which Religious Affairs Select Committee, If any of these offences are aggravated by gives equal protection to the victims of released in June 2003, pointed out that: religion or religious hostility, they incur higher religious discrimination to that already given to • There is currently inequality in the law in penalities. the victims of racial discrimination, as well as a how it protects different faith and belief We do not need a new criminal law strong new Commission able to deal effectively communities from different offences, introduced for political reasons in a crude bid with both kinds of discrimination.The • There is currently a gap in the law for British Muslim votes which could be used Government has yet to demonstrate its particularly with regard to incitement against Muslims and non-Muslims to dampen willingness to provide genuine equal protection to hatred on grounds of religion or the vigour of public debate and criticism, and against religious as well as racial discrimination. belief, and there is a call from many which would be divisive in its operation.The By contrast, what is not needed is the quarters for this gap to be filled, proposed offence is dangerously ambiguous. It offence of blasphemy.The Government still • Protection needs to meet the needs refers to ‘insulting’ words and behaviour and to refuses to abolish this obsolete and of all faiths, and those of no faith, ‘hatred’. Hatred, as an emotion, is not akin to unworkable offence even though it protects • The UK currently stands in breach of violence. Hate is the opposite of love. It should only Christianity against insult. One person’s its obligations under the European not be a crime to use insulting words that faith is another’s blasphemy. It would be Convention of Human Rights, encourage strong disapproval of a practice anomalous and divisive to extend blasphemy particularly Art 14 of the Convention. done in the name of religion by a group of law to other religions. It would also menace In 2003 the UN Committee for the believers. It will be no defence to show that freedom of speech, as the Salman Rushdie case Elimination of all forms of Race the defendant did not intend to stir up hatred. showed.The offence should be abolished now. Discrimination recommended to the UK A mere likelihood will suffice. It is unclear how It is not in the interests of any member of government: a jury would tell the difference between an open liberal democratic society to censure insulting a religion and insulting those who or deter genuine debate and free speech, least ‘… while the Committee takes note believe in the religion. It is unclear how the law of all the free expression of British Muslims that the State Party’s criminal legislation would apply to new religions or to cults. whom this law purports to benefit.The remedy includes offences where religious motives Experience of the offence of inciting racial for hate speech is not less speech but more are an aggravating factor, it regrets that hatred shows the practical harm that such an speech to counter hateful ideas and to win the incitement to racially motivated religious offence may do. Political pressure is put on the hearts and minds of fair-minded people.The hatred is not outlawed.The Committee Attorney-General to authorise prosecutions new offence would do the reverse. It would recommends that the State Party give that are against the public interest. If encourage popular resentment and play into early consideration to the extension of prosecutions are brought and fail they serve the hands of racists. It would disappoint the the crime of incitement to racial hatred the interests of the disseminators of evil expectations of those who seek to protect to cover offences motivated by religious speech. If they fail, they are used to legitimise Islam and its adherents against bigotry and hatred against immigrant communities.’ racism.The same would be true of prejudice. It should be resisted by all who care Islamophobia. for human dignity, equality, and liberty. JUSTICE believes that the use of the Religious belief and practice, like political term ‘religion and belief’ best categorises opinion and practice, should not be protected 1 Anthony Lester QC is co-founder of the the field to be addressed rather than against harsh scrutiny or intemperate insult, Runnymede Trust, a human rights advocate, and a ‘religious belief or lack of religious belief’ provided that there is no risk to public order. If Liberal Democrat. which is used in the Bill.This deliberately 2 Alison Hayes is a Parliamentary Legal Officer at the attack is racism in disguise it can be dealt the Odysseus Trust promoting good governance, echoes the phrase used in Article 9 of with under the law as it stands. However, there law reform and the effective protection of human the European Convention on Human is a fundamental difference between attacking rights [[email protected]]. Rights (ECHR), which has been defined by

8 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 the European Court of Human Rights to Extracted from Liberty’s briefing for encompass a very wide range of religions the Second Reading of the Serious and beliefs including the right not to Organised Crime and Police Bill in believe. It is both more appropriate and the House of Commons, prepared by easier for the Courts to define if a 1 common phrase is used in all aspects of Gareth Crossman . the law relating to religion and belief.We would propose that this provision be amended to bring it into The ‘Serious Organised Crime and Police Bill’ is one of a raft of Home line with Article 9. Office bills promised for the 2004–5 Parliamentary Session, and a large Many people have expressed concern about the effect that bill consisting of 155 Clauses and 16 Schedules.The extract that follows the proposed offence of incitement to religious hatred will have covers Liberty’s salient comments on the issue of Incitement to on freedom of expression. In order for the Government to allay Religious Hatred, as proposed in the section covering Part 4 – Public these fears we propose the following safeguards to any such Order and Conduct in Public Places, etc. offence, including: o retention of the Attorney General’s fiat (or permission) for any iberty has serious concerns about Clause 119 of and Schedule 10 to such prosecutions – as it is in the Bill. Under the Human Rights the Bill which extend the present ‘racial hatred offences’ in Part 3 of Act, the Attorney General will be subject to Article 10 ECHR Lthe Public Order Act 1986, to cover the broad and vague concept of (freedom of expression) as well as Article 9 ECHR (freedom stirring up ‘religious hatred’. Criminalising even the most unpalatable, illiberal of religion) in the operation of his duties. Under section 12 of and offensive speech should be approached with grave caution in a democracy. Free speech is far more precious than protection from being the Human Rights Act, he will need to give particular offended.The criminalisation of expressed opinions is often turned on the consideration to freedom of expression; vulnerable communities it was designed to protect. Further, it is likely to o that the legislation should include a provision setting out the make martyrs of thugs and bullies who are better punished for a plethora criteria for the Attorney General’s use of his discretion to of crimes against persons and property. Our criminal statute book is cover: bursting with public order, violent, and property offences directed at those - the way any speech or other means of expression is who strive to turn hate into real intimidation or action against people. conveyed, Liberty accepts that free speech is not completely unlimited. Most - the content of such expression, healthy democracies regulate pornography, defamation, confidence and - the occasion on which it occurred, intellectual property.The existing offences relating to inciting racial hatred - such other matters as he considers relevant to the balance are an existing recognition of the need to balance competing imperatives. between the rights contained in Articles 9 and 10 ECHR, However, races are recognised by visual (and immutable) characteristics, and whereas religions are identified by a body of ideas and practices.This makes -any opinion of the CRE (in the case of race)or the CEHR. the broad criminalisation of ‘religious hate speech’ far more dangerous to o The Attorney General should be required to report annually freedom of conscience and expression.The line between hatred for a system of ideas and its proponents is fine and subjective. to Parliament, through the Home Affairs Select Committee, on Liberty is aware of the dangerous rise and promotion of anti-Muslim the exercise of his discretion, including the number of cases in sentiment and hysteria over the last three years in this country.The each category of racial and religious hatred with reasons for Government would be wise to look to their own rhetoric and proceeding/not proceeding with a prosecution; discriminatory and unjust policies before passing further criminal law.We o The proposed Equalities and Human Rights Commission (and, are particularly concerned that the Home Secretary has publicly stated a prior to its transfer of powers, the Commission for Racial desire to target and prioritise certain Islamic clerics for prosecution once Equality in respect of race) should be given express statutory the proposed extension of the law is passed. standing to give expert evidence on what is likely to stir up Liberty believes that much of the anti-Muslim hatred promoted by parts racial or religious hatred in any particular context or area. of the far right constitutes racial rather than religious hatred.This was well- demonstrated by the recorded views of the leader of the British National Blasphemy Party:‘I could get seven years for what I’ve said to you tonight’. This man’s If a crime of incitement to religious hatred is introduced it is the view of his own conduct only changed retrospectively once the Home right moment to propose the abolition of the common law Office announced the current proposed extension to the criminal law. offence of blasphemy.This offence applies only to the Christian Muslims are an extremely vulnerable group of people in society at this moment in time. By accidents of history, genealogy and judicial religion, and such inequality cannot be justified. In 1985 the Law interpretation, the race hatred offences are said to protect Jewish and Sikh Commission proposed that it should be abolished and in 1989 people but not their Muslim neighbours. If the Home Office really seeks to the Home Office undertook that there would be no more state address this specific problem by way of criminal statutory amendment, it prosecutions for blasphemy. should first consider small amendments to the existing race hatred offences JUSTICE considers that the offence of blasphemy should now - for the avoidance of doubt - to protect Muslims from race hatred be abolished. properly so-called.This could in Liberty’s view be a far more proportionate way forward. 1 Gay Moon, who has prepared this comment, is the head of JUSTICE’s Equality Project [[email protected]]. 1 Gareth Crossman is Director of Policy at Liberty, which provides policy 2 The last conviction for blasphemy that resulted in a prison sentence was responses to Government consultations, submits evidence to Select in 1921. Since then there have been two private prosecutions, the 1976 Committees, Inquiries and other policy fora, and undertakes independent private prosecution of Gay News by Mary Whitehouse and the Salman funded research. Liberty’s policy papers are available at www.liberty-human- Rushdie affair. rights.org.uk/resources/policy-papers/index.shtml

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 9 Moral Responsibility, Justice and the Group

While it is common to hear criticism of race- or gender-based policies that decry them as merely ‘politically correct’, in the first of a two-part series Omar Khan shows how justice can in fact allow policies that target groups rather than individuals. In order to do so, these JUSTICE & articles consider how important concepts in moral and political philosophy might defend RIGHTS group-based policies such as affirmative action. Part one, below, examines how groups might PART 1 be held responsible in a moral sense, while in part two the focus will shift to the concept of rights. If there is any sense in which groups can be held responsible or be rights-bearers, Omar Khan then it may be required of justice to adopt policies such as affirmative action. worked as a researcher at It has become popular to attack On the Source(s) of between arguments that accept the Runnymede multiculturalism on a number of Morality freestanding moral status of groups until mid-2001, fronts, with one common view When philosophers, particularly qua groups and those that view when he associating it with the various evils liberals, discuss morality, they often groups simply as the aggregation of returned to his of political correctness.While this locate its source in the human individual concerns.The first studies. He is article will not concentrate on the capacity for choice.What this means defence is stronger because it now a multiple confusions and criticisms is that we can always ask an assumes that groups can be the consulting (legitimate or not) collected under individual,‘Why did you do what subject of moral concern, while the policy the concept of political correctness, you did?’, and the reason this second defence entails the weaker researcher to it will try to connect one of these to question makes sense is that we claim that groups can only be the Runnymede criticisms of race- or gender-based assume that the person could have objects of moral concern. while working policies in general. acted otherwise. In contrast, if a tiger The weaker view conceives of on his PhD at Many people intuitively feel that consumes some livestock, or an groups as derivatively (morally) St Antony’s it is simply unfair for every elephant tramples through crops, we significant insofar as they help realise College, individual belonging to a certain can bemoan the loss, but we can the morally good actions, behaviour Oxford. group of people to receive benefits hardly ask the animal,‘why did you or status of individuals. According to regardless of the qualities of any do that?’This ability to choose more such a view, relatively widespread particular individual member.This is or less freely is what philosophers among philosophers, every thing that deemed ‘politically correct’ because mean when they refer to ‘moral has value in the world has value such policies seem to assume that all agents’, and when they insist that (only) because humans find them members of a group are the same only human individuals can be such valuable. So groups may indeed have and ignore their various talents and agents. value, but only because individuals qualifications. Two points of clarification are find them important for living a This criticism is relevant to necessary. First, a number of theorists morally good life. For theorists important debates in the much more reject this characterisation of the inclined in this direction, to apply theoretical realm of moral and source or meaning of morality, with the categories of rights, duties, political philosophy especially some insisting that other attributes responsibilities, injury, virtue and because one of the prime topics of or functionings of human beings indeed justice directly to things political philosophy is justice. If it is matter just as much as our capacity other than human individuals is impossible to defend a policy on the to choose freely, and others asserting simply a mistake, inasmuch as such basis of ordinary or philosophical that the source of morality is to be categories are relevantly normative. conceptions of justice, those who found outside human beings Another way to think about this assert political correctness as the altogether, as in religion. Second, view is to say that groups are merely source of race- or gender-based even if we accept the liberal view instrumental to the true focus of our policy design may seem to have a that individuals or groups or even moral concern, namely individuals. point. As a way of partially rebutting animals are not strictly speaking The stronger defence of the that implication, this article will moral agents if and when they moral status of groups argues that explore the concept of collective cannot freely choose, they may they can be the subject of moral responsibility in order to evaluate indeed have moral standing in claims, or moral agents. Groups are whether justice might in fact allow another sense. It therefore makes not simply valuable due to the policies such as affirmative action. sense to consider the possible moral interests or moral claims of Collective responsibility implies that standing of groups. individuals, but because they have groups can be responsible for certain intrinsic normative worth. Although outcomes, at least in certain The Moral Status of Groups such views might differ about which conditions. In order for the concept There are (at least) two alternative moral categories apply to groups, to make sense, we need to ascertain ways of thinking about the moral they all agree that it makes sense to the possible moral status of groups. status of groups.We can distinguish apply some such category or

10 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 categories to them. Furthermore, The Possibility of the them responsible for their actions. there could be disagreement about Intrinsic Value of Groups This would mean not only that the relative claims of groups vis-à-vis If groups are intrinsically valuable, we groups who cause harms on others individuals; even if we admit the need to demonstrate how they are are obligated to compensate the possibility of groups being moral valuable above and beyond their harmed party, but also that a group agents, their claims might be consequential value. Joseph Raz that harms itself in some ways outweighed by individuals in various (1986) has made an important deserves whatever results. JUSTICE & instances. distinction among intrinsic goods, However, much of the discussion RIGHTS Perhaps the most emphatic way namely between ultimate goods or on responsibility stems from an PART 1 to defend the notion of groups as values and constituent goods or values. assumption about the autonomy of moral subjects is to adopt Constituent goods or values are individuals as the ultimate source of communitarian assumptions about elements of what is good in itself morality as discussed above. It then 1 I say in principle because while the status of groups and individuals. whereas ultimate goods or values makes sense to ascribe individual communitarians might For communitarians, it simply makes explain why something is good in moral responsibility for an act because think preferential policies are morally permissible no sense to talk about individuals itself. human beings are the sorts of agents for certain groups, they without reference to the groups to Raz’s view is somewhat who could have chosen otherwise, might object to them on practical grounds. which they belong.The liberal view confusing, but the key claim for our and who can recognise the Furthermore, some of individuals is then criticised as purposes is that a constituent value consequences and moral significance communitarians are committed to a higher- mistaken both conceptually and should be seen as intrinsically of their actions.This can be level form of solidarity empirically, with some further valuable. If group membership is a contrasted with causal responsibility such that minority or even majority asserting it distorts our constituent element in what is good where an outcome temporally disadvantaged groups understanding of what morally in itself, then it makes sense to argue follows a certain act, but either the ought not to be granted preferential treatment. matters to humans. According to that it is an intrinsic good. For agent couldn’t have chosen otherwise communitarian reasoning, it is example,Will Kymlicka (1989) has or they are not culpable for certain 2 Christine Korsgaard (1983) has argued that therefore impossible and undesirable argued that insofar as cultural unforeseen consequences. the distinction between to imagine individuals without first membership is constitutive of making Conceived in such a way, it is ‘instrumental’ and ‘intrinsic’ value is appreciating the extent to which free choices about living an difficult to imagine that groups could mistaken. Properly humans are social animals and in autonomous life, we should attribute be assigned responsibility.At least speaking,‘intrinsic’ should be distinguished from particular members of groups or rights to the collectivities that according to individualists, they just ‘extrinsic’, where the communities.While some critics provide culture.To say that groups are aren’t the sorts of agents who can value of things stems from either or outside contend that their priority on group only instrumentally valuable for their freely choose actions in the manner the characteristics of the belonging prevents communitarians consequences is to neglect their required by the concept. In this thing.‘Instrumental’ should rather be from recognising certain sorts of prime importance in allowing us to context, writers have proposed a distinguished from ‘final’ individual claims, namely rights, in lead a life that is valuable and number of different responses, value. However, writers such as Kagan (1998) practice very few theorists have fulfilling. It is not that group making various distinctions in order have wondered why we rejected individual claims membership is consequentially good to reconceptualise the notion of should be (more) interested in intrinsic completely. for leading a good life, but rather that responsibility. value at all; his scepticism This brings us to the important leading a good life requires group suggests that extrinsic properties can be just as but immensely difficult subject of membership as one of its constituent Reconceptualising normatively significant. If competing or conflicting (moral) elements.2 Responsibility this is true, moral concepts can as readily claims.While it is theoretically In Sharing Responsibility, Larry May apply to extrinsic goods possible to insist that only groups Understanding argues that we can be responsible for or values as intrinsic ones, and the question – have normative status, almost no-one Responsibility our attitudes, our failures to act, based if it can be said to be makes such an argument partially In moral theory responsibility helps on our roles and positions in meaningful – of whether groups are intrinsically or because it attempts to ignore an explain why agents get the benefits communities.While May accepts a extrinsically valuable has important source of conflicting and burdens they do.An argument in relatively standard view of no deep significance. 3 claims, namely between duties to support of collective responsibility responsibility for harm, he insists that 3 A person is morally individuals and duties to one’s would therefore imply a reason for people can be morally responsible for responsible for a given harm or defect if: community.To rule out the claims of groups to be the scope of the harms or benefits even where they (a) the person’s individuals by fiat is unlikely to distribution of benefits and burdens. did not directly cause them. He conduct played a significant causal role convince anyone of anything other That is to say, justice could allow for instead argues that ‘defects, especially in that harm or defect; than that we have deeply preferential treatment for some in states of mind or character, that (b) the person’s conduct was misconceived what it is that matters groups if other groups could be make it more likely that someone blameworthy or it was to human beings. Since it seems relevantly responsible for their harms. will cause harm are also things for morally faulty in some way; and obvious that communitarians could So what could it mean for a group to which a person can be responsible’ (c) …the aspect of in principle accept preferential be responsible? (p.16). How exactly does May think the act that was faulty was also one of the 1 policies, it is appropriate to consider One possible move made by this works? aspects in virtue of whether it is possible for groups to communitarians is to suggest that According to May, we have at which it was a cause of the harm.’ (15) have intrinsic value for more groups can be moral agents, and if so, least partial responsibility for our individualistically based theorists. it makes immediate sense to hold attitudes.Although we may not have

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 11 full voluntary choice over them, our Like May, Tony Honoré (1999) because of its implications for attitudes are subject to our control. expands our understanding by justifications and criticisms of That is to say, even if we didn’t distinguishing various forms of preferential policies. If a normative originally choose some of our responsibility, namely between moral form of responsibility can be ascribed attitudes, we are capable of confirming responsibility and outcome to a group that harms another group, or changing our mind, and May insists responsibility. On Honoré’s account, then policies that seek to rectify this JUSTICE & that ‘it is important for people to being outcome responsible is being situation can in fact be admitted by RIGHTS struggle against dispositions they may responsible about the good and harm justice. Insofar as preferential policies PARTS 1 have acquired through no fault of their we bring about by what we do, and is such as affirmative action or even own. But it seems to me that the necessary for being human.While quotas meet these conditions, they

4 For examples see appropriate way to do this is to hold a outcome responsibility is less stringent may be just. Okin (1989) and Boxil person responsible for failing to than moral responsibility, it is more Some philosophers, particularly (1984). attempt to change a harm-producing stringent than (mere) causal those sympathetic to consequentialism, disposition’ (30). responsibility.The implication is that have gone even further than the May marshals his preliminary outcome responsibility can generate arguments suggested here.They References conclusions to argue that sharing the justice claims, though perhaps not indicate that: Boxill, Bernard attitudes of an offender may make you blame or guilt. ‘we have responsibilities to (1992) Blacks and complicit in the crime:‘responsibility Writers such as David Miller prevent harm where we can, Social Justice. Lanham, MD: should not be narrowly confined to (2004) and Joel Feinberg (1968) regardless of whether there is Rowman & what a person does, for one’s attitudes think that such arguments for anything that we have done to Littlefield, rev. edn. often are as important to the increased collective responsibility depend on bring about the harmful Feinberg, Joel (1968) likelihood of harm in a community as the group in question having either situations in question.’ ‘Collective one’s overt behavior’ (37).We may not cooperative practices or a high If this extension of ‘remedial Responsibility’, The Journal of Philosophy even intend to do harm through our degree of de facto solidarity. In fact, responsibility’ may be unacceptable to 65(21): 674–88. attitudes, but May argues through the some philosophers have argued that many liberal philosophers, it is notably Held,Virginia (1970) example of racist attitudes that we can even random collectivities can be held common among defenders of ‘Can a Random still be responsible for an ‘attitudinal responsible.Virginia Held (1970) preferential policies who think we Collection of climate’ and participate in the harms imagines examples where random should see ourselves as responsible for Individuals be 4 Morally in two ways: bystanders experience harm or harms done to disadvantaged groups. Responsible?’, The ‘first, by causally contributing to suffering to another human. For And if philosophers as diverse as Journal of Philosophy the production of racial example, consider a case where a Kamm and Singer think that there are 67(14): 471–81. violence by others; and second, person is suffering under the weight instances where we have a duty to Honoré,Tony (1999) of a collapsed structure that three Responsibility and by becoming … people who compensate groups, we may either not Fault. Oxford: Hart. choose to risk harm and yet do passers-by could collectively lift. Her need concepts such as rights and Korsgaard, Christine nothing to offset this risk.’ (47) claim in such cases is: responsibilities for these cases, or these (1983) ‘Two Groups might also be held responsible ‘when the action called for in a might apply to entities other than Distinctions in for inaction in certain circumstances, given situation is obvious to the moral agents. Goodness’, The reasonable person and when the Philosophical Review including for failing to organise when If the latter claim is true, we will 92(2): 169–95. doing so could offset or prevent a expected outcome of the action still need to determine those Kagan, Shelly (1998) moral harm. May accepts that is clearly favourable, a random circumstances when moral concepts ‘Rethinking Intrinsic individual responsibility will vary, collection of individuals may be can in fact apply to such entities. For Value’, The Journal based on one’s role in the community, held responsible for not taking a example, the group of ‘blue-eyed of Ethics 2(4): 277– but insists that how we feel about our collective action.’ (94) people’ or groups such as neo-Nazis 97. Kymlicka,Will (1989) community is in fact under our Held makes concessions when the probably couldn’t be the sorts of Liberalism, control: obstacles facing the formation of a collectivities to which moral Community and ‘it is not mere membership that group for collective action are simply concepts would apply. Consideration Culture. Oxford: creates responsibility, but how too onerous, but what is interesting of certain features and experiences of Clarendon Press. one reacts…to the groups of about her claim is that harms by groups might be a relevant place to May, Larry (1992) Sharing which one is a member.’ (152) themselves can generate responsibility start, and so race- and gender-based Responsibility. This is an important point, and has on the part of agents who can attend policies – perhaps even quotas – Chicago and direct implications in thinking about to them, including groups. might be required by justice, but only London: University the justifiability of preferential policies. if the features of the group in of Chicago Press. If a group is sufficiently responsible for question do in fact require them.The Miller, David (2004) Conclusion ‘Holding Nations the disadvantages of another group, This discussion about collective policies in question may be deemed Responsible’, Ethics then it is just to make every member responsibility has indicated the sorts of unacceptable for other reasons, such 114: 240–68. of the responsible group compensate arguments that can be made to ascribe as efficiency or prudence, but we Okin, Susan Moller the disadvantaged group members moral status to groups, even for should not be surprised if justice is a (1989) Justice, unless the individual in question Gender, and the individualists who deny that groups virtue that sometimes conflicts with Family. New York: distances themself adequately from the can be moral agents in the appropriate market efficiency and even social Basic Books. offender group’s actions. sense.This discussion is relevant harmony. ❑

12 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 Civil Renewal and Diversity ‘The challenge for advocates of civil renewal is to steer a path through the opposition of libertarians and traditionalists alike, to demonstrate that the engagement of diverse citizens in a cooperative enterprise of community building is the key to a healthy democracy.’ Henry Tam, Head of Civil Renewal at the Home Office, assesses whether the concept of social PUBLIC capital can bring a negotiable form of discursive coinage to the furtherance of civic vibrancy SPHERE as expressed through active citizenship. Civil renewal is about empowering prefer to do. Of course if everyone communities to overcome did stay at home and regard the fragmentation and disengagement. Its business of the state and society as Tw enty Influential Texts: core aim is to reconnect citizens with none of their business, the gulf the public realm so that they become between citizens and those who seek An annotated bibliography part of the collective solution to their to govern on their behalf would ‘Civil society’,‘community’,‘trust’, and ‘the public shared problems. Its practical continue to widen until it sphere’ are all concepts undergoing a minor manifestations are to be found in the undermines the prospect of development of citizenship skills, democratic governance itself. renaissance, and have produced a plethora of raising the confidence of the public to What libertarians do not seem to books over the past decade.They also form express their views and concerns to grasp is that the process of coming part of the current government’s ‘renewal’ public bodies, helping communities together to deliberate what all should agenda – an agenda whose policy implications organize themselves to have greater pursue in the interest of their are defined by three major government voice, and engaging citizens and common good is not one which departments, and delivered through two community groups as partners in necessitates the obliteration of diverse regional bodies. tackling public problems.The strong outlooks.There is no presumption emphasis on common values could, that there is one absolute set of Here, as background to our next major project: however, raise the question of objectives which have been pre- the ‘Cohesion, Diversity, Equality’ conference on whether the drive to build civic ordained for everyone, and thus 19 January 2005, Vic McLaren provides a brief vibrancy might not be incompatible everyone must surrender their own introduction to 20 influential texts that have with the promotion of diversity. In beliefs and concerns to fall in with either laid the groundwork for these concepts, this paper I want to look at how this the realization of these objectives. or are already working on the superstructure. alleged incompatibility has been What objectives a free society should seized upon by both libertarian as aim for collectively, because they are well as traditionalist critics.Through important and yet unattainable if left Civil Society this I will seek to clarify the to people acting on their own, is relationship between civil renewal and 1. John Keane, Civil Society – Old Images, New Visions. Oxford. something the members of that Blackwell Publishers, 1998. the promotion of diversity in society. society should themselves engage Keane notes the growing agreement concerning the I will conclude by setting out what with in determining. In so doing, by importance of civil society, but, also, the disagreement about civil renewal involves in practice and sharing the views, arguments, its exact meaning. For the author,‘civil society’ is a term the implications that may have for experiences of others, attitudes and ‘polluted by its diverse and contradictory meanings’. policy concerns with social capital. beliefs will undergo changes so a 2. Sudipta Kaviraj and Sunil Khilnani (eds), Civil Society – better-informed consensus could History and Possibilities. Cambridge: CUP,2001. A Healthy Democracy emerge. Scientists develop their ideas In this edited collected Khilnani sees civil society as a rendezvous for erstwhile political antagonists, including Does not Stifle Debate continuously through an open and liberals, conservatives and radical utopians all peddling their on Diversity collective exchange of views and own versions of an idea described as ‘the idea of the late Let us begin with the libertarian arguments.They do not fear that twentieth century’. perspective on diversity. Libertarians engagement in this shared enterprise 3. Adam B. Seligman, The Idea of Civil Society. Princeton, NJ: have never been comfortable about would destroy their ability to develop Princeton UP,1992. rallying calls to people to leave their their own ideas. Rather they Seligman sees the transformation of East European politics private selves behind to join forces as recognize that it is essential if the following the collapse of communism as giving impetus to the revival of a 250-year-old concept long relegated to members of communities.They ideas they and their colleagues disuse. He quotes sociologist Daniel Bell as viewing the worry that people would be generate over time are to secure the return to civil society as a demand for a return to a pressurized into abandoning their assent of the overall scientific manageable scale of social life, with the promise of individuality to conform to some community.The roots of scientific decisions being made locally, and not controlled by the stultifying, if not downright and democratic deliberations require State and its bureaucracies. oppressive, uniformity.Their usual the same sustenance – a culture of 4. Jeremy Rifkin, The European Dream. Cambridge: Polity reaction to hearing that people are open-mindedness, coherent reasoning, Press, 2004. being encouraged to play a more Europhile American Rifkin argues that, within the context of and consistent respect for human globalisation, weakened national governments are engaged role in relation to public dignity. contemplating a potential implosion in the face of affairs is to champion the right to be Traditionalists are also anxious expanding global capitalism and market dominance. As a left alone.They demand to know why about talk of citizen participation – defensive strategy, a number of governments have adopted people can’t just stay home and mind but for quite different reasons.They a strategy of partnership in the public domain between government, the commercial sector and a reinvigorated civil their own business if that’s what they believe that there is a fundamental

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 13 need for a closed set of values and not be a healthy cross-fertilization of with lower levels of trust’, although it social outlook to underpin stable and those ideas and outlooks which went on to say,‘it is certain that the effective government. Diversity, in any stimulate democratic debates and the relationship is partially with factors significant sense of the term (with the growth of mutual understanding – associated with higher levels of possible exception of the huge factors which far more than any diversity, such as deprivation, urbanity income diversity between the wealthy submissive deference to conventional and population mobility’. and the poor which is generally authority provide the true foundation From a traditionalist perspective, welcomed by traditionalists), is to a system of government which is this would be taken as indisputable PUBLIC frowned upon as a threat to the responsive to the different needs of its evidence that ethnic diversity SPHERE cohesion of society.What they citizens. undermines trust, and since trust is so overlook is that without a diversity of For traditionalists, people should important for society to function, it hypotheses and attitudes, there would come together to reinforce strong provides a prima facie case for limiting communities, but only on terms laid ethnic diversity. But what about down by those sitting at the top of MORI’s observation that the Tw enty Influential Texts (contd) the social hierarchy.They ‘know’ what correlation concerning lower levels of is right, what is true, what is desirable, trust is in part with factors like society. Public policy networks are viewed as a means of and anything contrary to that deprivation and mobility? As opposed ensuring that market forces do not gain inordinate control over the affairs of society. Rifkin argues that in Europe established wisdom should be rejected to assuming that this would push organisations from the non-governmental, voluntary and out of hand.The idea that people traditionalists into a difficult dilemma community sectors (he styles them ‘civil society with different traditions, or indeed a about the need to limit diversity organisations’) enjoy a higher level of trust than those from robust mistrust of traditions, should be between levels of wealth and either the commercial or governmental sectors. encouraged to come forward to deprivation, it would simply hand 5. Nicholas Deakin, In Search of Civil Society. Basingstoke: engage as equal citizens strikes them another reason to decry the Palgrave/ Macmillan, 2001. traditionalists as misguided at best, and extension of the electoral franchise to A comprehensive study by one of the principal architects of third-sector reform. Deakin explores the concept of civil disastrous at worst.What they cannot the poor. Traditionalists have always society in the context of, inter alia, globalisation, the market, embrace is that strong communities – been reluctant to accede to the community, and democracy, raising important issues about where the strength is derived from inclusion of the ‘lower classes’ in the future of citizenship and civic virtue. their members’ respect for each political affairs.And if the vote cannot other’s unique contribution to the be taken back, they would at least Community and Communitarianism good of all – are based on and take a stand against all this talk of 6. Gerard Delanty, Community. London: Routledge, 2003. ultimately only sustained by the greater participation for all. A comprehensive yet succinct contribution from one of the commitment of their members.And What is questionable about the authors in the Routledge ‘Key Ideas’ stable. Delanty explores people do not commit themselves to traditionalist position is not that issues around ‘locality’ and ‘belonging’, as well as different any system of values which is diversity, ethnic or otherwise, may schools of ‘communitarianism’ (according to Steven Lukes, a recent ‘-ism’, dating back a mere quarter of a century). dismissive of their cultural identity. challenge prevailing assumptions and Different varieties of ‘multiculturalism’ are also explored. hence trust between people who Civil Renewal and Building might have previously taken each 7. Adrian Little, The Politics of Community – Theory and Practice. Edinburgh: Edinburgh University Press, 2002. Healthy Communities other’s beliefs and dispositions for Not so much a dispassionate study of the idea of The challenge for advocates of civil granted, but that this challenge is of ‘community’, more an extended critique of what the author renewal is to steer a path through the great potential value if taken styles ‘orthodox communitarianism’, and, in particular, writers opposition of libertarians and positively.We should start with the such as Amitai Etzioni, Robert Putnam, and Francis Fukuyama. traditionalists alike, to demonstrate recognition that changes to any long- Little argues for a radical rethinking of the relationship between the state, the economy and civil society, arguing that that the engagement of diverse standing arrangements, through the civil society, as a space between government and market, citizens in a cooperative enterprise of arrival of, for example, people with must be protected against incursions by the powers of both community building is the key to a different socio-economic, ethnic and public and private spheres. healthy democracy. Unfortunately, cultural backgrounds, are bound to 8. Elizabeth Fraser, The Problem of Communitarian Politics. this task has not been helped by the lead both the indigenous residents Oxford: OUP,1999. interpretations which have been and the newcomers to wonder what 9. Richard Sennett, The Corrosion of Character.New York:W. stirred up by recent sociological approaches and priorities they could W. Norton, 1998. observations concerning the expect to share, and what they would Another critique of communitarianism, this time from a correlation between ethnic diversity need in time to work out through feminist perspective. Fraser essentially pursues arguments and interpersonal trust.The bare facts discursive exchanges. If the people similar to those of Richard Sennett – that the idea of community imposes a false sense of unity at the expense of are simple enough. Data analyses on concerned do get to know each other democratic political argument, which ‘can never be a both sides of the Atlantic suggest that, and develop new shared ideas and friction-free, unfelt or costless process’. in any given geographical area, the understanding, it would take their 10. Henry Tam, Communitarianism:A New Agenda for Politics and level of trust local people have for previous assumptions, through a Citizenship. Basingstoke: Macmillan, 1998. each other is inversely proportionate process of critical deliberations, to a A communitarian agenda without the moral-authoritarian to the level of ethnic diversity in that higher level of sophistication.Their undertones of some fellow travellers, arguing the case for a area.This was the basic finding of former ways of living would be truly active citizenry, from the pen of the former Chair of the UK Communitarian Forum turned senior civil servant.1 research carried out by Robert enriched through the mutual learning Putnam in America, and broadly precipitated by the drive to discover affirmed by studies of surveys which the ways of strangers. Diversity, 1 Henry Tam’s contribution to the proceedings of the Runnymede took place in Britain. MORI’s through this process, stimulates the Conference on ‘Social Capital, Civil Renewal and Ethnic Diversity’, publication,‘Life Satisfaction and need to question the status quo, June 2004, appears alongside this bibliography. It also forms part of the published conference proceedings themselves, which will be Trust in Other People’ (2004), for review what merits trust and what issued to delegates at Runnymede’s 19 January 2005 conference. example, reported that ‘ethnic does not, and leads to a more diversity does seem to be associated informed sense of togetherness.

14 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 Trust antagonism is to any extent explicable their communities.This could be a It is of course possible that the with reference to the chance to report a problem which prejudices of a few could stoke the cultural/tribal/religious background of should be rectified (e.g. failed or suspicion of the many. Instead of the perpetrators. Intolerance or inadequate street lighting), refrain people coming together to know callousness in the name of any kind of from adding irresponsibly to the more about each other and how they group identity can never be allowed burdens of public services (e.g. by not can strengthen their new, shared to trump the common values of a separating out recyclable waste), give domain, they would stay away from decent, caring society. one’s views on why certain each other.Afflicted by ignorance, or approaches have not worked so far PUBLIC even hostility, they distrust what the Affirmation of Collective (e.g. observing that increased police SPHERE ‘others’ might or might not do.And Pride in Inclusion patrols are still missing out on a the whole community is thereby If libertarians may be reluctant to disturbance hotspot), or express weakened. But whether diversity is admit this, advocates of civil renewal embraced to produce a richer form of should be quite prepared to affirm community life, or frowned upon and that we do believe in the importance Tw enty Influential Texts (contd) thus breeds mistrust, is down to a of developing and sustaining our combination of the disposition of collective pride in inclusion and 11. Marilyn Taylor, Public Policy in the Community. those concerned and the social cooperation. If any form of difference Basingstoke: Palgrave/Macmillan, 2003. policies of their civic leaders. If ethnic is to count as ‘diversity’, then it is Searching questions at both theoretical and policy level from the part-time government adviser and full-time diversity is still linked to lower levels obvious that not all forms of diversity Professor of Urban Governance at the University of the of trust in many parts of Britain and are to be celebrated.There is nothing West of England. Chapter 11 is particularly probing, America, what it tells us is that the to celebrate in having a mix of people posing the question as to whether cohesion and policy challenge for community who are inclined to hate or hurt diversity can be reconciled, and exploring difficult building is still a significant one for us. others not because of anything questions around leadership, participation and What it does not reveal is the extent reprehensible the latter have done, but representation. simply because they possess to which people’s social, cultural and 12. Victoria Nash (ed.), Reclaiming Community. London: intellectual lives have already been characteristics of a certain race, IPPR, 2003. enriched by the interactions of diverse religion, age, gender, sexuality or The case for community in a policy context made by a outlooks and practices. disability. former politics lecturer and four other contributors, If traditionalists might be content The diversity we want to promote including Marilyn Taylor (see above), who in this instance to exclude from having any input in is a progressive diversity of people explores issues around community and social exclusion. their public realm people who are with a range of social and cultural different from them, libertarians backgrounds united by a core set of Trust and Social Capital would oppose any attempt to draw common values which protect all who people together to develop ‘common’ respect the rights of others. In 13. Francis Fukuyama, Trust.New York. Simon & Schuster, values and ‘shared’ priorities.What renewing democracy and civil society, Free Press Paperbacks, 1995. Social Capital as the ‘crucible of trust’, and critical to the they dread above all is the submerging one of the key challenges we face is to health of national economies from a writer sometimes of diverse outlooks within a single overcome the notion that individuals classified as a ‘liberal’ and at other times as a monolithic culture. But once we have can ignore their responsibility for the ‘communitarian’. Fukuyama was rumoured to be in the removed the rhetorical veneer, what is public good.This goes beyond mere process of revising this book, now nearly 10 years old the balance we need to strike between compliance with the law, or even (and modifying his position on certain issues), but the diverse attitudes and common values? good neighbourliness.What needs to second edition has yet to appear. Probably the leading A set of common values, covering be tackled is civic disengagement, proponent of the idea of trust as an economic and matters such as mutual respect, where people take no interest in the social ‘lubricant.’ avoidance of inflicting harm or abuse development of public policies and 14. Robert D. Putnam, Bowling Alone.New York: Simon & on others, conflict resolution through services, and yet complain that these Schuster, 2000. dialogue, with force only as a policies and services fail to take their A lament for the loss of civic virtue from North measured last resort, are essential if concerns into account. America’s leading social capital guru, often criticised for people are to live together in a Complex public problems require his nostalgic vision of community. cohesive and democratic society. technical competencies backed by 15. John Field, Social Capital. London: Routledge, 2003. When civil renewal promotes the sensitive engagement with citizens Another excellent and highly readable addition to the cultivation of and commitment to who are affected by those problems. Routledge ‘Key Ideas’ series, providing a broad overview such common values, it is helping to No sustainable solutions will be found of contemporary criticism of social capital and related build a social framework which if government bodies refuse to pay ideas.This will soon be joined on the shelves by a protects ethnic and cultural diversity. It serious attention to what citizens have publication from David Halpern, a former Cabinet encourages all to cherish their rich to contribute, or citizens continually Office adviser, who addressed Runnymede’s summer mix of backgrounds and outlooks, but turn their backs on efforts to engage conference, and whose book on social capital is scheduled to be out early in 2005 from Polity Press.2 makes it clear that this wide embrace them in the improvement of public would not be extended to those who services.With civil renewal, are intolerant or callously indifferent organizations established to provide about the well-being of others. policing, healthcare, educational and Diversity is not a licence to reject other public services will regard it as all common values, especially if that their core business to engage with 2 David Halpern’s contribution to our June 2004 conference on rejection is to be expressed in citizens to determine how their needs ‘Social Capital, Civil Renewal and Ethnic Diversity’ forms part of the published conference proceedings, which will be issued to all behavioural terms which are hurtful, are best met. Citizens in turn will delegates at Runnymede’s 19 January 2005 conference abusive or threatening to others. It wherever possible utilize opportunities makes no difference if the aggressive for them to help improve services for

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 15 support for a public policy option leaders and public institutions at the driving force in tackling poverty, may one believes is good for the local and national levels.A build social capital in one sense while community (e.g. voting in a local combination of citizenship undermining the prospects for civil referendum for the budget proposal education, community activism and renewal. Gated communities which one has heard the best arguments consistent support for community pride themselves on their enclosure for). engagement by state bodies will of privatized care and security may By their nature, such civic- encourage and enable an increasing give their members a strong sense of minded characteristics cannot always number of citizens to play their part belonging within, but a much PUBLIC be secured by legal sanctions.They in finding better public solutions to weakened sense of engagement with SPHERE need to be cultivated by schools, their common problems. Respect for the wider civic domain without. community organizations, civic others’ diverse backgrounds and There are also communal ties in areas sensitivity to their different needs are which particularly attract social key elements of this development, as capital theorists with their rich Tw enty Influential Texts (contd) is the determination to expose and interpersonal networks – built and reject any pernicious tendencies to often sustained by personal favours 16. Adam B. Seligman, The Problem of Trust. Princeton, NJ: undermine such values. and socializing activities outside Princeton University Press, 1997. So will the pursuit of civil official channels.This may score Civil renewal is represented here as a fusion of two renewal necessarily increase social them high in pure social capital traditions: the 18th-century Scottish Enlightenment capital, and vice versa? Insofar as civil terms, but they would be in much notion of ‘civil society’, and the greco-roman tradition of renewal seeks to promote a greater greater need of civil renewal ‘civic virtue’. Controversially, Seligman sees ‘trust’ as an awareness of public issues beyond the compared with places which adopt a idea emerging within the period of ‘modernity’, and declining in the context of changes accompanying the impact on one’s immediate circle of more thoroughgoing civic approach, late modern world, particularly with the new accent on families and friends, a deeper where respect is based on recognition group-based identities. Challenging and thought- appreciation of other people’s of each other as citizens and where provoking. concerns and perspectives on policy social generosity unconnected with differences, and a richer capacity to due process would be frowned upon 17. Barbara A. Misztal, Trust in Modern Societies. Cambridge: Polity Press, 1996. work with others to play a if used, however subtly, to influence Brilliant sociological study exploring the function of trust constructive part in improving the public decisions. in contemporary society, and published before the public domain, it follows that not explosion of research on social capital. See, especially, only will social capital increase, but Social Capital chapters on ‘Trust as Policy’ and ‘Trust as Passion’. the increase will be directly beneficial Ultimately, social capital is like any Essential background reading for those grappling with to the functioning of an inclusive and form of capital.What good it brings issues around trust as an essential ingredient of both democratic society.The converse, depends on who has it, how it is social cohesion and civil/civic renewal. however, cannot be assumed.The being used, and what is being done 18. Francisco Herreros, The Problem of Forming Social definition of social capital is so broad about its unintended side-effects. Capital – Why Trust? New York & Basingstoke. that a wide variety of activities can Changes to social capital can no more Palgrave/Macmillan, 2004. be regarded as adding to social capital be taken as positive or negative by Herreros criticises those who routinely equate ‘social without it contributing to civil themselves. If an increase to ethnic capital’ with ‘trust’, but who rather muddies the water renewal in any significant sense. diversity reduces a proxy measure of himself in his enthusiasm to see a role for the state in More people can become interested social capital like interpersonal trust, the creation of both ‘social capital’ and ‘social trust.. in team sports, spend time looking but increases cultural richness and the Some interesting observations concerning ‘rational- after their neighbours’ pets, drink quality of collective deliberations, choice theory’, citing the work of Jon Elster, whose book,The Cement of Society (Cambridge: CUP) is now together in pubs or clubs, or join there should be no presumption that back in print. religious congregations without there is a problem.The diagnosis can necessarily becoming more interested only come when the different aspects 19. Onora O’Neill, A Question of Trust:The BBC Reith or engaged in tackling public of civic vibrancy – mutual respect, Lectures, 2002. Cambridge: CUP,2002. problems affecting their communities reasoned debates, engagement through This book could be said to be a critique of the prevailing with the help of public agencies.The inclusive and democratic channels, and culture of mistrust, and certainly represents a critique of the new public management which has emerged since relationship between citizens and the so on – are weighed together. Civil the 1980s, with its accompanying apparatus of ‘audit’ and state is not made healthier by every renewal succeeds when the growth of ‘performance indicators’. Argues for an end to what piece of social activity. diversity and rise in social capital are Michael Power termed ‘the audit explosion’, with a view It is even conceivable that groups supportive of a more democratically to replacing it by an ‘intelligent accountability’ more which encourage self-sufficiency as engaged and civic-minded society. concerned with substance than with form. an alternative to engagement with This will not happen by chance. It 20. David Marquand, Decline of the Public:The Hollowing-out public services, or advocates of will come about only through an of Citizenship. Cambridge: Polity Press, 2004. personal benevolence as a substitute active government working together Controlled polemic from the social democratic disciple superior to social justice as the key with active citizens. ❑ of Titmuss and Tawney, which covers territory similar to O’Neill, but with a broader focus. Concerned that the bulwarks constructed by the Victorians to prevent ‘This paper has been written to promote wider discussion and does not market incursions into public life are being too readily constitute an official position statement of the Home Office – August breached. Argues that ‘in the public domain … – if it is 2004.’ It also appears as part of the proceedings of the Runnymede working as it should – market rationality is transcended conference on ‘Social Capital, Civil Renewal and Ethnic Diversity’, by …[a] civic rationality which induces trust through a published January 2005, and is to be given to delegates at the 19 January complex process of social learning’. 2005 conference on ‘Cohesion, Diversity, Equality’. Contact Runnymede for details of how to obtain a copy.

16 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 so far taken no steps to Equality in a implement either the Race or the Employment Directives.The UK Future Europe – provided 5.9% of responses. Notably, the percentage responses from newly joined What next? Member States were far lower, EUROPE indicating that much work is The conference ‘Equality in a Future Europe’ organised by needed to promote future the Dutch Presidency brought together 150 participants engagement by their individuals and their organisations with from around the EU (including new member state European policymaking. representatives). Sarah Isal attended the event and reports What They Said back on its implications for the future of equality policy Regarding anti-discrimination issuing from the European Union. legislation, perhaps unsurprisingly, there is a clear At Scheveningen on the in the context of responses to gap between the views of Netherlands coast, this the Green Paper circulated in individuals and NGOs on conference brought together mid-2004 and what the the one hand and national more than 150 participants to Commission, here represented by authorities and employers discuss and share views on the Vladimir pidla might envisage as on the other.Whilst a majority future of the equality agenda in emerging themes for the strategy of the latter thought that current Sarah Isal is Europe. ‘Equality in a Future document due to be issued by legislation from the EU had a Runnymede’s Europe’ kicked off in style on 22 the end of 2005. positive impact domestically, Senior November with a welcome NGOs and individuals thought it Research and address by the Dutch Deputy Taking Stock – had only a limited impact or Policy Analyst, Prime Minister Thomas de Graaf, the Green Paper Results none at all. In other words, those and is followed by the new European One of the main purposes of the likely to be at the receiving end currently Commissioner for Employment, conference was to present the of discrimination have the focusing her Social Affairs and Equal results of the Green Paper, impression that the legislative work on two Opportunities,Vladimir pidla. around which there had been impact so far is minimal. Similarly, themes – stakeholder consultation on the most employers and national Europe and The two-day event offered future of anti-discrimination in authorities think there is no need Criminal delegates the chance to: the EU between June and for new anti-discrimination laws, Justice. September 2004.The results of whilst NGOs emphasise the •Take stock of what is currently this consultation will influence the need for higher levels of happening at EU level on anti- development of future policies protection against discrimination discrimination and equality on anti-discrimination and currently not covered by the through the presentation of equality by the European legislation. the Green Paper results; Commission. After further legislation, •Hear what future actions on awareness-raising and positive equality are being planned by Who Responded action were mentioned as the the Commission and other EU From among the 1443 responses second and third most effective institutions; to the consultation, it is tools to address discrimination. In • Network with groups from interesting to note that 1049 addition, views were split as to the equality field, across all the came from individuals as where action should be taken – strands covered by Article 13 opposed to organisations. with 37% of respondents saying (race and ethnic origin, religion According to the Commission that action should be taken at and belief, sexual orientation, this was prompted by the national level and 33.4% favouring disability, age and gender). consultation having taken the action at European level. form of an online questionnaire, When asked to suggest ‘a more A number of themes that which was thereby attempting to additional grounds of integrated emerged in the conference appeal to members of the public. discrimination on which the approach workshops and in the plenary Nearly one-third of all Commission should promote a can only be sessions are worth highlighting as responses came from Germany debate, 50% requested a debate welcomed as they offer a glimpse into the (31.8%), which might be on discrimination against national it will lead to future orientation of the explained by a strong minorities. Indeed, the latter higher European Union in relation to mobilisation arising from the fact constitute a substantial section of standards for equality. Here they are discussed that the German government has the population in new member all grounds’

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 17 states (as opposed to old Commissioner pidla has adopt new legislation in this area. member states); in this context, announced that the Commission Meanwhile, the EU’s integrated such a result highlights the will publish a Communication on approach in relation to equality is importance that should be given its future strategy by the end of exemplified in the decision to to this issue in the future. 2005. Already, two themes are extend the remit of the current Some questions related to emerging, in particular from the European Monitoring Centre on EUROPE data collection, with 93% agreeing discussions around the Green Racism and Xenophobia to cover that the latter was important for Paper, and are likely to form the Fundamental Rights (thus the development of effective basic framework for a strategy. becoming a European 1 Alongside the equality policies.With wide These can be summarised in two Fundamental Rights Agency).The Employment differences in perception on the words: integration and Commission recently consulted Directive, a Race topic of data collection between mainstreaming. on what this new body should Directive was different member states, in look like. Again, we are witnessing adopted which particular in relation to ethnic A More Integrated a pattern comparable to the prohibits monitoring (i.e. in some EU Approach on Equality situation in Britain, where new discrimination on member states such as France, As mentioned in the Green legislation will shortly be the grounds of data collection according to Paper and building on the introduced to merge various race or ethnic ethnicity is illegal), this is clearly an legislative framework (Article 13 existing equality bodies into a origin in a number area the Commission needs to in particular), European policy is Commission on Equality and of areas, including investigate further. Coherent and moving towards a more Human Rights. At European level employment. effective data collection is crucial, integrated approach which there have been similar concerns not just in terms of effective examines all equality strands as to the tremendously wide 2 The Article monitoring of equality policies together rather than separately, remit such a body would have states:‘In defining within each member state, but bearing some similarities with the (i.e. monitoring all fundamental and implementing also to support the possibility of recent developments in Britain rights in all 25 member states) the policies and useful comparative research over the past year.While the and implications for its activities referred between member states of the Employment Directive adopted in effectiveness, especially if not to in this Part, the European Union on these issues. 20001 (outlawing discrimination in equipped with appropriate Union shall aim to The Green Paper also employment and training in resources. combat consulted on its suggestion of religion and belief, sexual discrimination mainstreaming equality across a orientation, disability and age) Mainstreaming Equality based on sex, range of policy areas, which was already pointed to that trend, it is Both the Green Paper and the racial or ethnic widely welcome, in particular in likely to be stepped up at least conference placed the notion of origin, religion or Education,Training and Youth by the European Commission. mainstreaming equality at the belief, disability, age (58.1%), on the EU social inclusion The latter has announced it will centre of priorities for the EU in or sexual strategy and programme (42.8%) conduct a feasibility study in 2005 the coming years. Experiences of orientation.’ and on Corporate Social to examine the possibility of mainstreaming at EU level have Responsibility (35.7%) (see below). covering all the other grounds of developed in relation to gender, Similarly, it is important to note Article 13 by ‘levelling up’ and this notion is now that while 81.6% of respondents legislation to match that of the incorporated in Article III of the welcomed a more integrated Race Directive. Constitutional Treaty signed by approach among the various This could lead to the Heads of member states on 29 equality strands, 84.8% still felt it Commission tabling new October 2004.2 was necessary to tackle sex legislation in 2006, which would Further work needs to be discrimination specifically, thus of course be a major step in done in order to assess how this keeping in line with the current EU providing consistent and mainstreaming will take place at policy that has consistently comprehensive anti- EU level, and how this can be separated gender equality discrimination legislation. In that relayed to the national policies of developments from other grounds sense, a more integrated member states.To a certain of discrimination (see below). approach can only be welcomed extent, mainstreaming already as it will lead to higher standards occurs in some countries (one Future Plans for all grounds. However, given could consider the implications of As the Green Paper and its results the provision in the EU the positive duty to promote do indeed provide the constitution that requires equality in the Race Relations Commission with enough member states to adopt future (Amendment) Act as a form of elements to prepare future policy anti-discrimination legislation mainstreaming race equality). It priorities in the area of equality unanimously, there is room for still remains to be seen whether and anti-discrimination, what are doubt about whether the 25 it can be applied consistently to the Commission’s plans for the very diverse EU member states all areas of policy and to all future? will ever manage to agree and grounds covered by Article 13. ❑

18 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 Fundamental Rights Agency – UKREN Response as Part of the Public Consultation EUROPE We are publishing here the major recommendations from UKREN’s Response to the Communication from the Commission (COM (2004) 693 final) as part of the public 1 The full text of consultation on setting up of a Fundamental Rights Agency.The comments are drawn from these comments can be viewed on UKREN’s experience as a network of Non Governmental Organisations based in the UK. the UK Race & Europe Network 1. Remit of the Agency seen as too wide (see section on relations with civil society below). website [www. It is recommended that the new agency limit its remit to The data collection initiated by RAXEN should be built runnymedetrust. Article 21 of the Charter of Fundamental Rights – which on effectively, by addressing the issue of disparities in data org/projects/ Europe/UKREN] includes crucial groups such as national minorities and collection between member states that make comparable nationality and would provide a concrete framework for the research difficult and limited. 2 RAXEN stands agency’s operations. Also that the name of the new body (b) Drafting opinions.The new Agency should use the for the European should be the Equality and Human Rights Agency, which data and analyses gathered to inform policymaking in both Information would clarify its remit. EU institutions and member states in the area of equality network on In addition, plans to extend the remit of the EUMC Racism and and human rights. Report themes must be selected with Xenophobia, coincide with parallel plans to set up a Gender Institute.This close attention to relevance and sought-for outcomes. designed to collect general trend of disassociating gender from the rest of the (c) Raising awareness. A future Agency should be high and gather equality strands is problematic and a cause for concern, but profile, visible and should produce useful material to raise information and if plans to set up the Gender Institute are likely to go ahead, awareness on its work and its contribution to the rights of data on racism and xenophobia UKREN would insist that both bodies work in extremely individuals. across member close cooperation. (d) Informing policy. All the above tasks should aim to states of the EU. The new Agency, as suggested in the Communication support the publication of clear and effective policy RAXEN thus paper, should maintain a strong focus on combating racism recommendations to European institutions and member contributes to the and xenophobia, and not dilute the current work of the states.This is a key role for the Agency, and its activities objectives of EUMC to be an EUMC.This is crucial at a time when resurgent far-right should steer towards this goal. organisation that parties are promoting intolerance and xenophobia across exists to provide Europe.Whilst an integrated approach to tackling 4. Relations with civil society the European discrimination is welcome, it is important to acknowledge NGO networks are particularly keen to ensure formal and Institutions and EU Member States the specificity of combating racism, which could not be strong relations between the new Agency and civil society. with objective, addressed within a single model applied to all equality This should be embedded in the formal mandate of the reliable and grounds. Agency. NGOs in this field have a lot of experience and comparable expertise to offer and the formal structures need to be in information and 2. Geographical scope place to ensure good lines of communication and effective data on racism, A new Agency, already with a wide remit covering 25 xenophobia, collaboration. Regular contact between civil society and the islamophobia and member states, would be well advised to limit its scope to Agency can be best achieved with the setting up of national anti-Semitism at that of current European Union member states. offices to relay the work of the Agency in each member the European level state. An example of good practice in this area has been the in order to help 3.Tasks of the new Agency work of the UK Secretariat of EUMC, which was extremely the EU and its Member States to To the two tasks already scheduled for the Agency – data effective in relaying the work of EUMC across the UK, in establish measures collection and the drafting of opinions – should be added particular to NGOs and social partners. or formulate the task of raising awareness on issues of human rights and courses of action equality. 5. Financial resources against racism and (a) Data Collection would be a key component of the The Communication gives no indication of the financial xenophobia. new Agency’s tasks, much as RAXEN was key to the work resources that the new Agency will be benefiting from, other of EUMC. Both active and passive mechanisms for data than the intention to have a ‘lightweight structure in terms Sarah Isal collection are required to act effectively on policymaking in of staff and budget’.Whilst wanting to avoid a superstructure administers these areas.The proposal for data to be collected through a that would be bureaucratically heavy and incumbent, it is the UKREN system similar to the Convention on the Elimination of crucial to ensure that adequate resources are provided for Secretariat Racial Discrimination (CERD), where governments are the Agency to carry out its ambitious remit. If inadequately from required to send data in the form of regular submissions, is funded, it runs the risk of being ineffective from its inception. Runnymede’s welcomed. However, it should be supplemented by offices. Sarah contributions from members of the civil society, including 6. Scientific committee can be non-governmental organisations (NGOs), in order to The recommendation to add a scientific committee to the contacted at enlarge the overview of the situation in each member state. structures of the Agency, to research adequate and objective s.isal@runny The participation of NGOs in this process should be expertise feeding straight into the work of the Management formally encouraged and supported by the new Agency and Executive Boards, is welcomed. ❑ medetrust.org

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 19 Evidence to the Joint Committee on Human Rights re CERD Runnymede was actively involved in the production of the Joint Submission by NGOs to the Convention on the Elimination of All Forms of Racial Discrimination (CERD) with regard to the UK Government’s 16th periodic review.The House of Commons’ Joint Committee on Human Rights (JCHR), as part of its mandate to consider matters related to human rights in the United Kingdom, regularly inquires into the UK’s implementation of its obligations under each of the principal UN human rights treaties, and in particular into the action taken in response to the concluding observations of the UN treaty bodies.1

Tuesday 30 November 2004 was the final date for submission of Media Coverage affecting black and minority ethnic comments by NGOs to the JCHR in the context of CERD’s communities and Asylum Seekers 17th Report on the UK. NGOs had been invited by the JCHR The Joint NGO submission to CERD flagged up the concerns to comment on how the UK government has progressed human of black and minority ethnic communities in relation to the rights issues in response to CERD recommendations.The NGO sometimes negative role of the media, in particular in relation to reply, rather than being a comprehensive submission, focused on asylum issues where coverage is often inaccurate and, in some the CERD recommendations – recommendations that the UK cases inflammatory.3 The media play a significant role in government has so far failed to activate.The comments are briefly amplifying perspectives that endanger both race equality and noted below, with action points highlighted in bold. community cohesion.The circulation of misinformation should be challenged by authoritative sources. Ensuring that truthful World Conference Against Racism (WCAR) information about groups vulnerable to racisms is delivered Although CERD commended the UK government for its efforts through the media is especially important given the lack of access to prepare a National Action Plan Against Racism (NAPAR) to that such groups often have to setting media agenda, and the implement the WCAR conclusions, it is of concern that the threat that this poses to developing a sense of belonging. process designed to lead towards producing the NAPAR has been Government can and should play a leading role in this. stalled for a number of months.The UK Government has Unhelpful statements by government to justify increasingly indicated that the NAPAR will be included in the future Race harsh measures for asylum seekers continue to fuel media Equality and Community Cohesion Strategy from the Home comment that undermines attempts to build the conditions for Office, due to be presented early in 2005; however, no mention of community cohesion.The media have a significant role to play in the NAPAR was to be found in the ‘Strength in Diversity’ the debate and have often been responsible for inappropriate document which consulted on the future plans for this strategy. accusations against asylum seekers and heightening tensions towards newcomers to our society.The impact of negative media Whilst we appreciate that there is a de facto overlap coverage is counter-productive to community cohesion and also between a NAPAR and the current Strategy, we would often to race equality. welcome some clarification on how the Strategy will endeavour to form the basis of a future NAPAR, and A sensitive response to media editors that maintains the what additional steps will be taken to ensure a NAPAR is democratic right to criticise and upholds freedom of developed and implemented beyond the Strategy stage. speech, while ensuring racial tensions are not inflamed, needs to be developed. Inconsistent Legislation The Joint NGO Submission to CERD mentioned above makes the following statement regarding UK legislation on racism: Right of individual petition under Article 14 of CERD We understand that the government’s review of international ‘The fragmentary nature of UK anti-discrimination human rights obligations decided not to accept individual legislation is a cause for particular concern having regard to petition under CERD; however, we wish to register our the inequalities in UK society, and the reduced protection disappointment with this decision, especially as it is inconsistent afforded to some marginalised groups.There is no free with the recent decision to allow this right to individual petition standing right to equality in the UK.There are numerous under the Optional Protocol of the Convention on the Elimination of all forms of Discrimination Against Women inconsistencies between the main discrimination Acts. ❑ Consequently, the UK anti-discrimination framework is (CEDAW). notoriously complex and convoluted and cannot be said to be easily accessible.’2 1 Information about the JCHR can be found on its homepage at: We therefore urge the UK government to adopt a Single www.parliament.uk/paliamentary_commitees/joint_committee_on_ Equality Act, which would provide consistent, human_rights.cfm comprehensive and effective legislation against 2 Joint Submission by NGOs to the UN Committee for the Elimination discrimination. This is particularly necessary as the of all forms of Racial Discrimination (CERD) with regard to the UK government is introducing a new bill to set up a Government’s Sixteenth Periodic Review, August 2003, p.13. Commission for Equality and Human Rights. 3 Ibid,p.12.

20 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 Combating Racism and An ENAR conference to discuss European Xenophobia strategies for combating racism and xenophobia as a crime was held in Brussels on 11–12 EUROPE September 2004.This report is summarised as a Crime from the official UKREN report.

The purpose of this ENAR (European Network Against Fighting Racism and Xenophobia in the Racism) conference, attended by over 80 participants from Belgian context 20 countries in and beyond the EU, was to consider: Marianne Gratia, of the Mouvement contre le Racisme, • the legislative response to racist crime at the EU and l’Antisemitisme et la Xenophobie (MRAX), focused on Member State levels; new legislation in Belgium. Until now, Belgium’s •how to best harmonise the legislation to ensure that legislation in this field has been very inadequate, but new the right laws are in place laws present some interesting lessons – in particular the • that they are being enforced effectively and way in which they might apply to the Vlaams Blok (VB), consistently; which despite its virulent racism and xenophobia and • and the strategies needed to ensure that racism as a established links to Nazism is one of the most successful crime remains on the agenda and is taken seriously by far-right parties in Europe. all states. Belgian criminal law now covers incitement and Speeches, question-and-answer sessions and workshop violence of a specifically racist nature for the first time. discussions led to the formulation of recommendations Coverage of discrimination in key fields like education, and demands which will be presented to European housing and health has also been improved significantly. institutions, Member States, and the wider public as part Racism as an aggravating circumstance can now double of an ENAR strategy aimed at eradicating racism and the penalty for many other crimes. discrimination from our societies. However, there are still problems.The definition of discrimination is very strict, with a particularly worrying Opening Speech reference to whether or not it can be justified, implying By ENAR Chair Bashy Quraishy that there are circumstances in which it can.This Bashy set the tone for the following two days with the obviously depends on sensible interpretation by judges. In phrase ‘Racism is not an opinion but a crime’ – a message addition, the burden of proof still rests very heavily with originally supplied by the 2001 World Conference Against the victim and the procedure is lengthy and complex, Racism in Durban.We cannot just look at racism as an which is likely to deter victims from making claims. ideology arising from ignorance, hoping that by supplying Immunities for certain political parties that use racism the racists with more information they will see the error or xenophobia have now been removed. For example, the of their ways.We need also to look at the structures in law, VB and the smaller Belgian Front National can now have politics, society, media, and so on, that foster racism and state funding removed if they express opposition to the respond with legal protection for victims as well as making European Court of Human Rights.The application of sure that justice is done.Without appropriate legal these laws will bear close inspection and lessons may be frameworks, effectively applied, it will not be possible to drawn for other countries attempting to deal with achieve our goals. organised racist and fascist activity. Bashy made it clear that there was a long way to go. However, Jos Vander Velpen, of the Liga voor Since the Rome Treaty of 1957, until the Amsterdam Mensenrechten, demonstrated with his history of the VB’s Treaty in 1997, not one European agreement, treaty or successes in Belgium that the poor application of existing directive has mentioned racism, xenophobia and laws and the lack of broader strategies for tackling discrimination. Even in the Amsterdam Treaty, the anti- discontent and prejudice in society have allowed the party discrimination clause Article 13 was inserted only after to increase its vote over the years.This served as a warning pressure from NGOs.The Tampere conclusions of 1999 about the need for political commitment to tackling the paved the way for the Commission’s proposal for a problem and broad-ranging responses to racism. Having Council Framework Decision on combating racism and legislation in place does not, in itself, achieve anything. xenophobia. Even this is still under discussion and legal provisions have been weakened by amendments to the Ambassador Christian Strohal original proposal. Director of the Office for Democratic Institutions and He went on to raise issues that any future legislation Human Rights (ODIHR), OSCE would have to take into account: Ambassador Strohal stressed the need for cooperation between democratic institutions, NGOs, academic •Different ‘levels’ of racism: street violence and abuse, institutions and other partners. Although there had been political racism (from mainstream or extremist an increase in inter-governmental and civil society co- organisations), institutional racism, etc. operation on racism since the European Year Against • The new language of racism – claiming to be about Racism, racist incidents had also increased. cultures not colours Ambassador Strohal went on to detail the work of the • The rise of both anti-Semitism and Islamophobia ODIHR, a mission of the Office for Security and Co- • Under-reporting of racism operation in Europe.Their work is much broader than just

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 21 dealing with racism, but they have developed particular rights protected by the ECHR (such as the right to expertise in freedom of religious belief and Roma/Sinti freedom of speech and freedom of association). issues.They collect a wide range of data on racist Dick Houtzager of LBR (Netherlands) then incidents, as well as on relevant legislation and practice. explained the history, purpose and content, current state They are currently compiling an inventory of good and future of the Council Framework Decision on practice and legislation relating to racism, xenophobia, etc Combating Racism and Xenophobia. (available online).The ODIHR hold an annual Human The purpose of the FD in question was to establish a Rights conference called the Human Dimension common criminal law across Member States with EUROPE Implementation Meeting at its base in Warsaw, and ‘effective, proportionate and dissuasive penalties’ for racist Ambassador Strohal was keen to present the ODIHR as a crime. It defines racist conduct and the penalties that will much more NGO-friendly environment than the OSCE be imposed, and contains measures for ensuring as a whole. international cooperation (e.g. through extradition). The ODIHR are currently channelling the results of At present the Commission has proposed and made three conferences into recommendations for action on many changes to the original proposal, but with the last racism and intolerance by governments and European published version dated March 2003, progress has stalled. institutions. Debate is currently focusing on various ‘escape route’ clauses that have been inserted, allowing states to opt out European approaches to combating racist of certain requirements. and xenophobic offences Dick went on to mention the wider context, Opening the session, Ioannis Dimitrakopoulos of the expressing concern that in the current debate on the EUMC stressed that, at a time of change in the EU (with scope of EU involvement in criminal matters, racism and new members, a new Commission, etc), it is important for xenophobia are not on the current list of crimes for which ENAR and others to lobby for racism to be at the centre there should be a common approach. He suggested that of the agenda. ENAR needs to consider what the best approach is – to He went on to describe the work of the EUMC, and continue to push for the implementation of the in particular the role of RAXEN as the collection Framework Decision despite its weakened state, to focus network for EUMC’s data.The scale and complexity of on strengthening the ECHR, or to push for standardising the task is apparent, as is the lack of consistency between and improving national legislation. different countries. For example, whilst some countries (the UK among them) collect extensive data on racist Analysis of the current approaches crime, Belgium, Spain, Greece and Italy either collect no The Chair of the final session of day one, Patrick Yu of official data or have no such data publicly available. Ioannis the Northern Ireland Council for Ethnic Minorities, put summarised the current legislation and monitoring forward the question ‘what are the limits of the law?’ as a situations in each Member State (this very clear but starting point for discussion.This provoked so much lengthy presentation will be made available on the ENAR discussion that it was the only question considered.The website) and some of what the EUMC recommends, great variety of contributions did not reach a conclusion namely that all Member States should: in terms of the best legislative way forward. However, one •Provide a definition of racism – this should also give thing was very clear – that racism cannot be tackled by due regard to religious motivations laws alone. Combating racism and xenophobia as a crime •Maintain statistics on racist crime always needs to be looked at in a wider context – in • Ensure that monitoring categories for victims allow for particular the role of education at all levels of society. disaggregation on grounds of race/ethnicity/religion Whilst the response to perpetrators of racist violence may •Review their current burden of proof requirements predominantly depend on appropriate legislation and its and any off-putting court procedures so as to effective application, when looking at the broader role of encourage victims to report and to improve conviction communities or societies tolerating or even condoning rates. racism the role of the law may be diminished. This Kevin Kitching, an independent Human Rights conference Consultant, then summarised the Council of Europe Conclusions report and approach to combating racism and xenophobia, focussing Summing up the conference,Vice-Chair of ENAR associated on state obligations under the European Convention of Pascale Charhon pledged that the ENAR board would workshop Human Rights (ECHR) and the European Commission incorporate the workshop and other conference reports, on Racism and Intolerance (ECRI). recommendations into a new strategy for combating racist prepared by a The ECHR is the main legislative framework at and xenophobic crime. Her summarised recommendations conference European level for tackling racism as a crime. However, were: delegate, can the major limitation of this instrument is that it doesn’t • ENAR should continue to support the Framework outlaw racism – rather, it protects other rights and Decision, but cautiously and conditionally. In general be found in freedoms, so any claim must be fitted to these. For we need to be proactive and not depend on responding full on the example, a racist attack may violate the right to life, etc. to EU institutions and letting them set the agenda. Activities page Article 14 of the ECHR does refer specifically to racial • ENAR should look at opportunities that the new of the UKREN discrimination, but the burden and standard of proof constitution may provide – for example the mechanism website required make it difficult to use for victims’ benefit. whereby a petition of one million people can put [www.runny ECRI reviews national laws, proposes further actions forward a proposal to the Commission. medetrust.org]. and can formulate general policy recommendations. Its • ENAR needs to learn strategically from case law to General Policy Recommendation No.7 covers national determine what works. Contact sarah measures to combat racism and xenophobia. However, •A comprehensive approach needs to be adopted, Isal for more there are weaknesses to this: ECRI can make encompassing training and education, partnership information on recommendations but they are not binding on states.Also, development at all levels, campaigning and using the UKREN GPR 7’s list of suggested prohibitions may conflict with media and information exchange as well as legislation. ❑

22 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 Can We Talk? Integration – trust – taboo

Access to Services with Interpreters: User Views Claire Alexander, Rosalind Edwards and Bogusia Temple REVIEWS with Usha Kanani, Liu Zhuang, Mohib Miah and Anita Sam York: Joseph Rowntree Foundation, 2004 http://www.jrf.org.uk/bookshop/details.asp?pubID=627 Review by Pp. 80; £14.95; ISBN: 1 85935 228 6 Bryan Teixeira, Naz Project London This report brings a unique perspective to a debate that is words but also quickly heating up. Rather than the more common focus arguing a case. on the concerns of service providers, it takes the Interpretation and advocacy are closely aligned.The user perspective of the people who actually need and use must have trust in the interpreter’s ability to understand, interpreters in order to effectively access public services.At correctly translate, and maintain the confidentiality of the a time when integration is becoming a buzzword, this information.The report shows that users in general prefer report reminds us that there is and probably will always be interpreters who know them well and are willing to be a number of vulnerable people who will continue to need proactive, pleading the user’s case and even giving advice. interpretation and advocacy services. It comes as no surprise then that, outside of important The report acknowledges that Britain has always been a medical or legal matters, users prefer interpreters whom country of migration.While the report begins its brief they recognise as family or friends.Their second review of migration history with World War II, earlier preference may be for interpreters from their legitimate migrations of Danes, Dutch, Normans, etc., mark the community based organisations.They place least value on history especially of England. In order to study the the services of the professional interpreter. experience of those who currently use interpretation This report breaks new ground.With reason, it limits services, however, the report focuses on 5 more recent itself to 5 more recent migrant groups. It recognises the migrant groups: Polish, Chinese, Gujerati Indian, limitations of its findings relative to important legal and Bangladeshi, and Kurdish.The report also points out the medical matters. One oversight may be the lack of problem that some of these groups are currently subsumed addressing of interpretation needs when taboo subjects are and rendered invisible within the ‘White’ category in at issue, e.g. sexual abuse, homosexuality, domestic official statistics. violence,AIDS. Nevertheless, the report is a welcome Some of the most significant findings relate to the fact addition to the debate and gives voice to a crucial group: that users see interpretation as not just about conveying the users of interpretation services. ❑

Fail to Plan: Plan to Fail Review by A toolkit for black voluntary and community organisations Harpreet Lenford White Dhami, Leicester: National Institute of Adult Continuing Education (NIACE) Development [www.niace.org.uk/Publications/F/Failtoplan.htm] Officer, Pp. 150; £20.00; ISBN: 1 86201 212 1 Runnymede

With many fundraising toolkits Developed out of a series of discussions and meetings available on the market today, with BVCOs around the country, the toolkit explores the Fail to Plan: Plan to Fail has a key prerequisites in developing a project proposal and the unique selling point. It states planning required before submitting an application for that it is specifically designed to assist black voluntary and funding: for example, demonstrating the need for a community organisations (BVCOs) working in adult and particular project and establishing how that need will be community learning. met.The author explains too how a well-balanced Although BVCOs are able to connect with ‘hard-to- organisational structure can underpin funding reach’ communities, achieving long-term sustainability has applications, with adequate policies and procedures in proved difficult, we are told, and this toolkit offers place and the right staff recruited.And a useful ‘health BVCOs practical advice and information on securing check’ will enable BVCOs to assess how good their funding and sustaining services in the long term. In current fundraising strategy is and what changes could be addition, it offers funding bodies and policymakers an implemented. insight into the struggles and expectations of the BVCOs A useful characteristic of NIACE publications is their themselves. provision of real-life examples – in this case of what

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 23 funders really want to see covered in the funding Review Notes applications they receive. One of the organisations the Death Trap:The human cost of the war on asylum by author consulted (ACLF – the Adult and Community Harmit Athwal is an IRR report, which publishes a ‘roll call Learning Fund) has provided a series of explanations as to of death for the 180 asylum seekers and undocumented why so many organisations failed, and continue to fail, to migrants who have died either in the UK or attempting to secure funding.This toolkit provides BVCOs with the reach the UK in the past 15 years’. Brief biographies give REVIEWS information to get things right and avoid pitfalls in the the bare facts of some very short lives. For the unidentified, preparation of applications. their only record might be that of ‘unidentified stowaway’ Many BVCOs do not have much time to devote to falling from a plane’s undercarriage or crushed in a wheel Contact: reading detailed government policies and pronouncements arch, or suffocated in a container. The Institute of that may impact on their operations.The toolkit suggests From amongst the list of constraints that brought these Race Relations, useful ways of keeping up to date by registering with the lives to a premature end, one of particular significance is the 2–6 Leeke St, local and regional Voluntary Community Service networks laws that prevent immigrants from working in the King’s Cross and getting themselves on mailing lists.Also included are professions for which they have both qualifications and Road, London some tips for BVCOs on how to clearly demonstrate the experience. PressWise’s Directory of Exiled Journalists (UK) WC1X 9HS extent to which their proposals support government contains brief biographies too, but this is a more hopeful [tel: 020 7837 priorities and targets. publication in which migrant journalists, now based in the 0041; email: On the topic of sustaining services, the author is careful UK, list their specialisms, their qualifications in terms of [email protected]]. not to categorise all BVCOs as experiencing disadvantage. training, experience and languages, and their current PressWise, There are examples of good practice, again with case workbase.They write about the wide range of experiences 38 Easton studies depicting where BVCOs have achieved success in that brought them to the UK and what they have achieved Business the long term. since (trying to) settle in a new country and earn their Centre, Felix BVCOs that miss out on financial support are often living. Some of these testimonies raise questions about the Road, Bristol unaware of the help available.The final chapter recognises quality and effectiveness of the information traded among BS5 0HE this shortcoming and contains a helpful index of useful experts, writers and journalists.They also confirm that there [email: ram@ organisations and resources. is no question about the dangers of covering conflict and presswise.org. Suggestions made throughout the toolkit are by no war, or exposing crime and political corruption. Mike uk]. means exhaustive, but do represent some of the Jempson has edited this publication, and it is endorsed by The possibilities that BVCOs might not have considered, and the likes of Yasmin Alibhai-Brown, Roy Greenslade and the National Union the easy-to-read chapters are followed by succinct NUJ’s Tim Gopsill and Jeremy Dear. of Journalists conclusions.All in all, this highly informative toolkit PressWise have also produced leaflets, in association with can be provides coverage in clear detail on developing strategies, the NUJ and UNHCR on responsible media coverage on contacted at preparing funding applications and accessing strategic refugees, and a 14-minute video ‘On the Receiving End: Headland information, at a not unreasonable price. ❑ Exiled journalists speak out’. ❑ House, 308–12 Gray’s Inn Road, London In a comment chilling to the hearts of the British WC1X 8DB Working Journalists listeners – and revealing why some journalists might have to become asylum seekers – he noted that [tel: 020 7278; Exiled journalists journalistic careers in Britain moved more slowly than www.nuj.org.uk; find out about freelancing in some other places.‘In my country,’ he said, www.london Exiled journalists, people who had been journalists in ‘journalists get killed or die very young and there are freelance.org. their own countries but who had ended up as refugees always vacancies. Here you might have to wait 10 uk]. or asylum seekers in the UK, were told that it was years.’ perfectly normal to feel pessimistic about career Members of London Freelance Branch – Matt opportunities at a meeting organised by the London Salusbury, Phil Sutcliffe and Humphrey Evans – went on Freelance Branch of the National Union of Journalists. to outline how people with journalistic skills could earn But they were also told that, with patience, they could money by freelancing for outlets both in Britain and sooner or later achieve their target, some satisfactory across the world.A productive evening all round. ❑ point, some kind of relief. Umit Ozturk, chairman of Amnesty International Regional press and diversity Journalists Network and himself once an asylum seeker, Diversity in the News Room,a report by Professor Peter encouraged everyone to strike out in new ways, taking Cole of Sheffield University, was presented to the volunteer positions, perhaps, until paid work came along. Society of Editors annual conference in October 2004. As an example, he suggested contacting solicitors Generally, he reports, the regional press fails the representing asylum seekers and offering to use your diversity test, though this is not for want of trying by journalistic skills to write reports on, say, the regional editors.‘Progress will not be made until senior persecutions of a particular minority from which an management and editors make minority ethnic asylum seeker comes.‘It helps the asylum seeker to be recruitment to editorial one of their top priorities, and able to present a professional picture of how and why keep it there.’The issue of Press Gazette of 29 October they were persecuted.And it helps to enlighten the 2004 covers the report, and publishes a breakdown of people dealing with these applications in the Home minority ethnic newsroom staff sampled across 9 Office.’ regional newspapers. ❑

24 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 Auditing the Nation

Citizenship in Britain: Values, Participation and Democracy Charles Pattie, Patrick Seyd and Paul Whiteley Cambridge: Cambridge University Press, 2004 Pp. xviii + 346; Price: £16.99 (pbk) REVIEWS ISBN: 0 521 53464 X; £40.00 (hbk) ISBN: 0 521 82732 9

Reviewed by ‘Citizenship in Britain is not in crisis and in some While still Rob Berkeley, respects is quite healthy.’ ‘quite Deputy healthy’, Director of This is the ‘cautiously optimistic’ conclusion of Pattie, citizenship in Runnymede Seyd and Whiteley’s authoritative report on the Citizen’s Britain could Audit.This important book attempts to answer a range of be on the questions about contemporary citizenship in Britain, critical list, namely:‘What is citizenship?’,‘How can it be measured?’; they argue, without some intervention to and ‘What are the consequences of contemporary arrest these trends. citizenship for the British political system?’. Readers will find this book immensely helpful in its The Citizen’s Audit was sponsored by the ESRC as summary of the key debates about citizenship, its part of its Democracy and Participation research succinct definitions of key policy concepts such as trust, programme. Including over 12,000 respondents, the social capital, and civic voluntarism, and its forthright survey was designed to measure people’s civic attitudes analysis of trends. However, the authors fail to grasp the and behaviour, as well as investigating ‘some of the key nettle in terms of ‘race’ and ethnicity. Despite wanting to political concepts which are relevant to citizenship make claims about the impact of multiculturalism on including political knowledge, interest, efficacy, tolerance, citizenship in Britain, it appears that evidence was and participation’. harder to come by. The authors highlight a range of interesting findings The Audit itself seemed to take too little account of from the Audit including a mutation of political ethnicity for the importance the authors would like to engagement to embrace new forms beyond the give it.They did not take the opportunity to survey a traditional, greater emphasis on individualistic political weighted sample so that the importance of ethnicity to activity (i.e. giving money, signing a petition) rather than this debate could be judged.The numbers were too engaging in collective action, and a strong appreciation of small to disaggregate various ethnic groups, leaving us human rights with much debate about their limits.They with a ‘Black/Asian/Afro-Caribbean/Other group’, identify a trend towards atomisation of citizenship, which is next to meaningless given the diversity of arguing that the consequences could be grave for experiences. Nonetheless, the authors are emboldened to sustaining democracy. For them, the decline of political claim that ethnicity makes no significant difference in parties leads to levels of participation in ‘macro politics’, and little of significance in attitudes to citizenship.This is counter- ‘The risk that policy-making will become gridlocked intuitive, but also poses a challenge to the other major by ever increasing demands for particularistic surveys of citizenship, including the Home Office benefits alongside a growing reluctance of society to Citizenship Survey.1 pay for those benefits.’ The authors appear to have fallen into the same trap as Goodhart and others in suggesting that correlation 1 2001 Home Without effective grass-roots political parties, the door is means causation; attributing changing attitudes towards Office Citizenship open to an increase in Nimbyist politics as individuals fail citizenship to the presence of increasing numbers of Survey: People, to ‘face the logic of their own choices’, leading in turn to people from Black and minority ethnic communities in Families and a retreat by government to a market state. the UK. Communities, There may be one interesting finding from this Chris Attwood, ‘The problem for the market state is that if it ceases survey on ethnicity; that is the impact which devolution Gurchand Singh, to cultivate common values and community cohesion is having on national identities and ethnic identities. Duncan Prime, and withdraws from attempts to sustain a common ‘Citizens increasingly identify themselves with the country Rebecca Creasey culture there is no reason why the process of they are living in – England,Wales or Scotland – rather than and others, Home withdrawal should stop there . . . the threat of an with the British Isles.’ While this is less true of those Office Research, underclass created by growing inequality and social identified as ‘Black/Asian/Afro-Caribbean/Other’, could Development and exclusion will be solved by coercion rather than by this be evidence that Black British and Asian British Statistics social inclusion, and eventually this will destroy might be supplanted soon with Black English, Asian Directorate, democratic politics.’ (p. 278) Welsh, etc.? ❑ September 2003.

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 25 The Runnymede Collection at the Middlesex Archive EDUCATION

Almost equidistant from Southgate, Oakwood and succinct in comparison to many official pronouncements Cockfosters tube stations, the Cat Hill campus of today on subjects of much less import. Middlesex University sits in the northeastern corner of a The paper collections are housed in archive boxes full leafy enclave that includes Oak Hill Park. Its main entrance of subject- and year-dated folders, all fully catalogued.The is close to the road – not deeply embedded in the green book collection – again an assemblage of publications that stuff, like the Trent Park campus – so it’s relatively easy to reflect the preoccupations of the Runnymede research get to. programme over 30+ years – is on open shelves This campus has been home to an Archive collection subdivided into subject areas (education, immigration, of some duration, that has been building steadily since the police, housing, ethnic minorities and the criminal justice arrival of the Hall-Carpenter material (the national Gay system, employment) and includes runs of varying lengths and Lesbian Archive) about 7 years ago. Fittingly for a of periodicals Runnymede subscribed to or with which building that houses the Art and Design departments of there were exchange arrangements.These include Black the University, one of the largest archival holdings on this Arts (1987–92), Black Attack Newsletter (1986–7), Currents site is the books, papers and exemplars from the (1983–93), Ethnic and Racial Studies (1978–96), Immigrants collection of the late John Landsdown, a former Dean of and Minorities (1982–98), and Patterns of Prejudice School and pioneer of computer- aided design. But (1974–96).There are also examples of fascist publications, preserved in the same room are the Archive of Bernie and some locally based or single-issue news sheets such as Grant – personal papers, photographs, notebooks, regalia the ‘East London Campaign against Racist Attacks and and tapes which record his activism both in local and Police Harassment’, or ‘Grass Roots: Black Community national government; the Future Histories Archives News’ (1977–9) or the ‘No Pass Laws Here Bulletin’ comprising the archives of the Black Theatre Forum and (1982–7). Nitro Theatre Company – posters, scripts, production If you’ve booked ahead with archivist Judy Vaknin, you’ll notes, publicity material and press cuttings;The Lesbian be let into the Archive for a supervised period, during and Gay Newsmedia Archive, formerly part of the Hall- which you can search catalogued entries on paper and on Carpenter Archive, the balance of which is held at LSE; screen, and take delivery of your discoveries in the small and last but not least the Runnymede Collection of books but comfortable reading room with its sensibly chunky and papers. central table, and photocopying facilities. The Runnymede Collection holds material of many If you want further information on the material kinds. Some of it is research orientated – the published available in the Collection before visiting, the website versions and the surrounding papers derived from [www.mdx.ac.uk/www/runnymedecollection] gives details Runnymede’s own work projects over the years as well as of the holdings and the subject areas covered. A teaching comparative material built up in the course of resource is being developed which will use original accompanying investigation and analysis. Some of it is material from the collection to support the Citizenship cuttings, both press and periodicals, from the late 1960s to Curriculum and provide teachers with ideas for the 2000s, and notable not only for the inconceivable introducing the recent history of British race relations into nature of what is relatively contemporary content, but also the classroom. for the demonstrable increase in attention paid by national Included in this teaching resource will be newspaper and local media to issues of race, ethnicity and social extracts, quotations, statistics, fictional narratives and acceptance, with a high factor of acceleration in the 1990s. poems that can be used by teachers to generate Not that extensive coverage is a necessarily ‘good discussion in the classroom on three major topics: thing’. Some of the earlier material has impact precisely • UK immigration laws and practices comparing today’s because of its brevity – Idi Amin’s ‘statement’ declaring the debates with those that were taking place in the 1970s; expulsion of the Asian population from Uganda is brutally •race issues in education and racial violence in schools,

26 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 particularly focusing on the murder of an Asian boy at Toxteth attempts by the police to be seen to engage Burnage High School in 1986, and the associated positively with local residents and groups. debate concerning anti-racist policies in schools; 4. Grassroots activism – campaign materials produced by •race issues in employment, discrimination and voluntary and often locally based self-help groups to employment rights focusing on the Grunwick strike. provide advice on how to deal with threats of It will also include teaching plans, a glossary with deportation, police brutality, immigration law injustices information on individuals, institutions and government/ and racial discrimination, in employment and housing in democratic processes that are mentioned in the particular. EDUCATION newspaper cuttings. 5. Medical examination – official documents relating to the The planned launch date for this site is December immigration procedures sanctioned in the 1970s to 2005, so keep checking for it at www.mdx.ac.uk/ support decision-making on the right to settle in the www/runnymedecollection. UK for the purpose of marriage. Condemnation of such There is a further internet ‘magazine’ feature on the discriminatory and abusive practices culminated in a Runnymede Collection available on-line at www.mdx.ac.uk/ case being made at the UN for them to be abandoned runnymede, which shows samples from the Collection and – an action which is of interest in relation to how an interview with Professor Heidi Mirza.The samples human rights legislation is being implemented now. illustrate significant subject areas of the Collection: 6. The Grunwick Dispute of 1977 – a cause célèbre of its time, this industrial dispute touched on issues of 1. Ugandan Asians – includes the infamous press working conditions and minimum acceptable wages, statement mentioned above, plus material on press particularly for immigrants and female workers, who reactions to the arrival of the exiles in the UK and predominated at this photographic processing factory, Runnymede’s work to help with resettlement. as well as the right to belong to a trades union.The 2. Enoch Powell – the archive contains cuttings, books, publication currently featured on the website was co- articles and documents about this controversial and authored by Jack Dromey, husband of current Solicitor- belligerent politician. General Harriet Harman. 3. ‘Police Learn Urdu’ is the press cutting that introduces a section on police–community relations in the 1980s, To visit the Archive at Cat Hill in person, contact Judy Vaknin at with particular reference to post-Brixton and post- 0208 411 6686 or by email at [email protected] ❑

An Interview with Heidi Mirza Professor Heidi Mirza, Head of Middlesex’s Centre for Racial Equality Studies, is interviewed on the University website in an exchange that provides more information about the Runnymede Collection and also reveals: (1) her personal connection with the material: Take me for example, the Runnymede Trust history charts my own life, the last 40 years growing up in Britain. I remember going to the Anti-Nazi League marches against the National Front in the 1970s as a student, and then later on in the 1980s a young mother campaigning for better conditions for Black and Asian children in schools. (2) her appraisal of why collections of this sort are valuable above and beyond the sum of their holdings: Everyone knows about Stephen Lawrence … but there are so many other stories about unknown victims out there. Stephen Bogle died in police custody because he had sickle cell anaemia, which only Black people can have. His pleas for help were ignored … People tend to link civil rights movements with the US and don’t think there has been a civil rights movement here for which people have campaigned and died. (3) and how students on a Race and Culture degree course or doing an MA in Race Equality Studies will acquire not only a qualification for which there are significant employment prospects but an awareness of the social and political hinterland that is the backdrop to life and work in the UK, and how to interact with some of its best and worst aspects. Well there aren’t very many of us [Black professors] around … and we all feel that we have a lot to live up to. We are very much on view and sit on a lot of panels and committees as well as do our work … But it’s a privilege and quite exciting at the same time. Access this interview at: www.mdx.ac.uk/runnymede

RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 27 CONTENTS Evaluation of TIWIL: This Is Where I Live – on Video 1 Michelynn Laflèche the Real Histories Inspection & Regulation: From Agenda Setting to Outcomes at the CPS 4 Séamus Taylor Directory Begins Government: EDUCATION Incitement to Religious Hatred:A Debate 7 With contributions from: Following the successful promote culturally diverse events Anthony Lester and Alison Hayes on its diary page.This was of the Odysseus Trust 8 assessment of the Real Histories Gay Moon of JUSTICE 8 Directory by the National Grid launched towards the end of Gareth Crossman of Liberty 9 Black History Month, and featured Rights: for Learning, our own evaluation Moral Responsibility, of the site is currently under way. the wide variety of events taking Justice and the Group 10 This process will involve place up and down the country Omar Khan Public Sphere: observations of real-time use of during October and November. Civil Renewal and Diversity 13 the site by teaching staff to assess However, in line with the ethos Henry Tam Tw enty Influential Texts: its educational value, together behind the Real Histories An annotated bibliography 13 with telephone and email Directory itself, the diary pages Vic McLaren Europe: interviews both with those who are available for the promotion of Equality in a Future Europe have used the site and those who culturally diverse events – What next? 17 Sarah Isal have previously submitted throughout the year. Fundamental Rights Agency – information about the important Events pages can be accessed UKREN Responses as Part of the Public Consultation 19 resources they provide. by clicking on the ‘current events’ Sarah Isal We are keen to gain as broad button at the left-hand side of the Evidence to the Joint Committee on Human Rights re CERD 20 an assessment of the site’s Directory’s home page. If your Combating Racism and Runnymede usefulness as possible, so if you organisation is holding a Xenophobia as a Crime:An ENAR Conference Report 21 Team: have used the Real Histories forthcoming event which can be Reviews: Michelynn Directory in the past and have publicised on the website, please Can We Talk? Integration – trust – taboo 23 Laflèche any comments you would like to do take the time to submit some Bryan Teixeira Director make, please get in touch on brief information about the Fail to Plan: Plan to Fail 23 function by clicking on the ‘submit Harpreet Dhami [email protected]. Robert Contact us also if you would an event’ button, again found at Book Notes 24 Berkeley Auditing the Nation 25 be happy to participate in a the left-hand side of the home Rob Berkeley Deputy Director telephone or email interview. page.The events currently held Education: The Runnymede Collection at Vastiana To assist us with the evalution, on the site range from museum the Middlesex Archive 26 Belfon two London schools have exhibitions (Black British Style, Evaluation of the Real Histories Directory Begins 28 Projects Officer helpfully agreed to participate in currently showing at the Victoria Debbie Weekes an assessment of the site – and Albert Museum until 16 Harpreet Rockmount Primary in Norwood January 2005), to dance Dhami workshops (Dance Kawayib, the Bulletin No. 340, December 2004 Fundraising and and George Mitchell Secondary in ISSN 1476-363X Development Leyton.This will enable us to Hornimann Museum, 5 Officer explore how the Directory is December 2004) and In 2005,The Bulletin, Runnymede’s used practically by both teachers explorations of race, culture and Sarah Isal Quarterly newsletter,will be and pupils, and a series of identity in Wales (Faces, Cultures, Senior Research published in the months of March, interviews with wider site users Identities – Portraits by Hamza and Policy Analyst June, September and December by: and resource providers to be with local voices, Dock Omar Khan held in early January will Chambers, Cardiff until 16 January The Runnymede Trust supplement the school-based 2005). The London Fruit & Wool Exchange Policy Researcher Suite 106, Brushfield Street, (Consulting) research. As with all material included in London E1 6EP The Real Histories Directory the Directory, publication of your Tel: 020 7377 9222 Fax: 020 7377 6622 Ros Spry has very recently begun to event’s details is entirely free. ❑ Email: [email protected] Publications Url: www.runnymedetrust.org Editor Debbie Annual subscription in 2005 is £28.00 If you would like to volunteer your Weekes Real Histories secondary school for participation in the The Runnymede logo was Directory designed by Four IV Design Real Histories Directory Evaluation process Consultants. Other design don’t hesitate to contact Debbie Weekes at: elements were originated Kings Mill by Four IV and developed Partnership [email protected] before by St. Richards Press. Accountancy the end of January 2005. Typeset and printed by: Services St Richards Press Ltd. Leigh Road, Chichester, West Sussex PO19 2TU. 28 RUNNYMEDE’S QUARTERLY BULLETIN DECEMBER 2004 Tel: 01243 782988 Copyright © 2004 Runnymede Trust and individual authors. The opinions expressed by individual authors do not necessarily represent the views of the Runnymede Trust.