RunnymedeThe

NEWSLETTER OF THE RUNNYMEDE TRUST No.323 Sept/Oct 2000

CITIZENS AND COMMUNITIES: THE FUTURE OF MULTI-ETHNIC BRITAIN To celebrate publication of the Report of the Commission on the Future of Multi-Ethnic Britain in October 2000, the opening pages of this Bulletin carry a selection of articles and statements by members of the Commission and the report’s editor on what their involvement has meant to them.

Towards a National Consensus Background The Commission on the Future of Bhikhu Parekh, who has chaired the deliberations of the Commission Multi-Ethnic Britain was set up in on the Future of Multi-Ethnic Britain and brought them to the point of January 1998 by the Runnymede publication, introduces the fundamental principles which, in the Trust, an independent think-tank opinion and belief of the Commissioners, could and should become the devoted to the cause of promoting cornerstones of a national consensus on welcoming ethnic and cultural racial justice in Britain. The CommissionÕs remit was to analyse diversity to the heart of everyday life in Britain. the current state of multi-ethnic iven the fluidity of social and Britain and propose ways of political affairs, and the constant countering racial discrimination Gemergence of new ideas and and disadvantage and making insights, no report can claim to be the last Britain a confident and vibrant word on its subject, and this one most multicultural society at ease with its certainly advances no such claim. rich diversity. However, as a carefully researched and Twenty-three distinguished indivi- thought-out document, hammered out in duals, drawn from many community searching discussions conducted in a backgrounds and different walks of spirit of intellectual and moral life, and with a long record of responsibility, it represents, we hope, a active theoretical and practical major contribution to the national debate. engagement with race-related Race is too important and sensitive an issue to be turned into a political football issues in Britain and elsewhere, or approached in terms of narrow brought to their task different views electoral calculations. We hope that our and sensibilities and, after a good report will form the basis of, or at least deal of discussion, reached a pave the way for, a much-needed wellbeing. The principle of equal moral consensus. The published report1 is national consensus. worth cannot take root and flourish the product of their two years of It is informed by several fundamental within a structure of deep economic or deliberation Ð two years made principles which in our view are, or social inequalities. possible by the support of a large deserve to be, shared by most people in Second, citizens are not only number of individuals and Britain. individuals but also members of organisations, and funded by the First, all individuals have equal worth particular religious, ethnic, cultural and Nuffield Foundation, the Joseph irrespective of their colour, gender, regional communities which are Rowntree Charitable Trust and the ethnicity, religion, age or sexual relatively stable as well as open and orientation, and have equal claims to the fluid. Britain is both a community of Paul Hamlyn Foundation, to whom opportunities they need to realise their the Commission expresses its 1 The Parekh Report: The Future of Multi-Ethnic Britain sincere thanks. potential and contribute to collective (London: Profile Books, October 2000).

In this Issue: Report of the Commission on the Future of Multi-Ethnic Britain and the Voices of its Commissioners ¥ Human Rights Act ¥ The GovernmentsÕs Mode of Trial Bill ¥ Holocaust Denial and ÔHate SpeechÕ ¥ CERD Report at the UN ¥ Council of Europe against Racism and Intolerance ¥ Educational Advocacy ¥ Review Essay on Citizenship and Democracy ¥ citizens and a community of source of much human suffering and of these. They require not only communities, both a liberal and a inimical to the common sense of appropriate legislative, administrative multicultural society, and needs to belonging lying at the basis of every and other measures, but also a radical reconcile their sometimes conflicting stable political community. It can have shift in the manner in which British requirements. no place in a decent society. identity and the relations between Third, since citizens have differing We approach the current state of different groups of citizens are generally needs, equal treatment requires full multi-ethnic Britain against the defined. account to be taken of their differences. background of these and related The Commission's report was inspired When equality ignores relevant principles. We believe that it is both by and intended to rethink the seminal differences and insists on uniformity of possible and vitally necessary to create a report, Colour and Citizenship, of Jim treatment, it leads to injustice and society in which all citizens and Rose and his colleagues, published in inequality; when differences ignore the communities feel valued, enjoy equal 1969. As a founder and Trustee of the demands of equality, they result in opportunities to develop their respective Runnymede Trust, Jim took a keen discrimination. Equality must be defined talents, lead fulfilling lives, accept their interest in our work and was most in a culturally sensitive way and applied fair share of collective responsibility, and anxious to see its publication. Sadly he in a discriminating but not discrimi- help create a communal life in which the died last year. We salute his memory with natory manner. spirit of civic friendship, shared identity pride, remember with sadness those who Fourth, every society needs to be and common sense of belonging goes died victims of or in the course of cohesive as well as respectful of hand in hand with love of diversity. struggle against racial injustice, and diversity, and must find ways of Having sketched our vision of a relaxed express our deepest gratitude to those nurturing diversity while fostering a and self-confident multicultural Britain countless white, black and Asian people common sense of belonging and a shared with which all people can identify, we in Britain who are continuing the identity among its members. analyse the obstacles standing in its way struggle in small and large ways. Every Fifth, although every society needs a and propose policies most likely to generation owes its successors a duty to broadly shared body of values, of which overcome them. The obstacles include bequeath them a better country than it human rights are an important part, there racial discrimination, racial inherited. This report suggests one way is a risk of defining the values so disadvantage, a racially oriented moral of discharging that great historical narrowly that their further development and political culture, an inadequate obligation. is ruled out or legitimate ways of life are philosophy of government, a lack of Bhikhu Parekh (Lord Parekh of suppressed. While affirming such carefully thought-out and properly Kingston-upon-Hull) is emeritus essential procedural values as tolerance, integrated administrative structures at professor of political theory at the mutual respect, dialogue and peaceful various levels of government, and a lack University of Hull. This is an abridged resolution of differences, and such basic of political will. version of his preface to the ethical norms as respect for human The policies we propose address each Commission's report. dignity, equal worth of all, equal opportunity for self-development and equal life chances, society must also respect deep moral differences and find Modernising the terms of debate ways of resolving inescapable conflicts. Human rights principles provide a Trevor Phillips, who was chair of the Runnymede valuable framework for handling differences, but they are never by Trust when the Commission was set up, recalls its themselves enough. background and aspirations, including the hope of Lastly, racism, understood either as division of humankind into fixed, closed developing new terms and concepts. and unalterable groups or as systematic domination of some groups by others, is hen, in new challenge for all those concerned an empirically false, logically incoherent the mid- with race and ethnicity. and morally unacceptable doctrine. W1990s, For me, as a working journalist who Racism is a subtle and complex the Runnymede Trustees sat in an office wrote and broadcast often about these phenomenon. It may be based on colour perched high above London to consider issues, there was a further problem. The and physical features or on culture, the Trust’s future, two things were language of race was largely borrowed nationality and way of life; it may affirm evident. First, that after nearly 30 years from the United States, and looked equality of human worth but implicitly of being in the vanguard of race relations increasingly inappropriate. We spoke of deny this by insisting on the absolute thinking and research, it was time to take black and white in a nation where people superiority of a particular culture; it may a reality check on our own understanding of South Asian origin felt uneasy about admit equality up to a point but impose a of the British people. Second, that the being bracketed with others of very glass ceiling higher up. Whatever its growing diversity of the UK, particularly different backgrounds. We argued about subtle disguises and forms, it is deeply in cities like London, presented a major race in a country where new faith divisive, intolerant of differences, a

2 The Runnymede Bulletin September 2000 immensely generous with their time, and Predicting the Future in the attention they have given to writing, re-writing and commenting on Kate Gavron, a Runnymede trustee and vice-chair the text of the Report, as Robin of the Commission, places the Commission within Richardson describes in this Bulletin. the wider context of Runnymede's work. She begins Our three funders have shown an active by referring to a media discussion of Britain's interest throughout and provided venues and support for meetings. Other friends future population. have provided hospitality that included catering for residential meetings; n 3 September 2000, the Observer would similar predictions have been in especially notable here are United News published a report based on the early 1900s, when there was an and Media, the Granada Group and the Oresearch by a demographer who, irrational panic, of the kind that became Regency Hotel, Kensington. I have been not surprisingly, wished to remain painfully familiar throughout the 20th interested to note the way in which help anonymous. His research claimed that century, about the arrival of Jews from which goes beyond the routine can prove ‘whites’in Britain will be an ‘ethnic eastern Europe and Russia? It is inspirational to bodies such as this minority’by the end of the century. Apart disturbing that the Observer should have Commission, not least because support from the anonymity of the author of the published this article, when it's a from the outside reinforces our belief in research, there is much to complain about newspaper that ought to be more reliable the importance of our enterprise. in this piece of reporting. for rational reporting and debate on issues From the beginning it has been a It comments on neither the inadequacy of cultural diversity than some others. principle of the Commission that it nor the use of the term ‘whites’. It fails to What this sort of article underlines is the should be intellectually independent of question any of the assumptions which importance of the messages of the Report the Runnymede Trust, to the extent that it appear to be part of the research, such as on the Future of Multi-Ethnic Britain, as should not feel constrained by that fertility rates of different described in this issue of the Bulletin by Runnymede’s own policies, statements communities will remain unchanged two Bhikhu Parekh. As a nation, we need to and aims. The links between the Trust or more generations after initial rethink our relationship with other peoples and the Commission have therefore been immigration. In its emphasis on colour as of the world, especially those with whom largely administrative; but in the latter a defining characteristic, it conflates we have been linked for centuries as the stages of the report-writing we have ‘non-whites’ and ‘immigrants’, ignoring result of our imperial past. We also need to made use of expertise at Runnymede by the fact that many of the ‘newcomers’ of rethink our internal relationships, not only asking staff to read and comment on the past decade have been ‘white’. It fails between and within different communities various sections of the Report. to question assumptions about but also between religious communities, One of the problems with reports immigration rates remaining constant for regions and countries. Devolution, produced by commissions of limited many decades. How accurate, after all, membership of the European Community duration is the tendency for reports (and and mass global migrations have all their recommendations) to be shelved and transformed the world since 1900 and the forgotten. It is the Commissioners’ hope British need to rethink relationships with that the Trust will take up and pursue the communities – particularly those of the our fellow world-citizens. recommendations in the Report and, Muslim faith – were flexing their I became involved in the Commission especially, revisit the recommendations muscles. We reported on ghettoes in cities on the Future of Multi-Ethnic Britain regularly in the future to see what where very few districts have a majority when Jim Rose, who was originally progress has been made – just as the of any ethnic minority household. planning to be a commissioner, decided Report advises should be done with the I felt that if we could achieve one that he could not undertake the work Stephen Lawrence Inquiry Report. single thing, it would be to modernise the involved. I was asked, as a fellow trustee It is above all gratifying that despite terms of debate about the British people of the Runnymede Trust, to take his place inevitable disagreements at various points themselves. The team assembled by on the Commission. It was a great pity over form, content, policy Bhikhu Parekh is high-powered, and the that the Commission could not draw on recommendations and priority areas, we debates which I attended were both Jim’s wisdom, knowledge and sensitivity have avoided any dissenting or minority profound and open-minded. These are during what was to be the last year of his reports. This is without a doubt due in no rare qualities in any discussion of race life; but throughout that period he small part to skilful chairing of meetings and ethnicity. I believe that the effort maintained interest in what we were and drafting of the Report itself. Beyond they put in has been rewarded. This doing, and attended some of the meetings that, however, it is due to the report tackles some fundamental and at least one of the seminars organised Commissioners all feeling sufficiently questions, and I hope will put diversity in in early 1999 to gather together experts committed to the aspiration of a successful a new, less narrow context. I think it will to discuss specific issues. multi-ethnic Britain to have made personal provoke a timely and important debate. One of the most gratifying aspects of compromises in some areas, while Trevor Phillips is a Trustee of the being involved with the Commission has continuing to argue passionately and Runnymede Trust, and Chair of the been the generosity of everyone persuasively whenever it really mattered. Greater London Assembly, 2000 associated with its work. The Kate Gavron is a research fellow at Commissioners themselves have been the Institute of Community Studies.

The Runnymede Bulletin September 2000 3 A focus for searching questions Colin Bailey, a member of the Commission in both its main phases, stresses the importance of its findings for the police service.

was approached by the original Chairman of the Commission on the IFuture of Multi-Ethnic Britain to be a Commissioner as a result of my position as Chairman of the Association of Chief Police Officers (ACPO) Race and Community Relations Sub- Committee. This Committee had representation from various police forces throughout the United Kingdom, as well as the Home Office and the Commission for Racial Equality, and was charged with influencing and monitoring the application of policy in individual police forces. In view of our remit, I considered it important for the Police Service to be involved in the important work of the Multi-Ethnic Britain Commission. Early on this was graphically illustrated when I took part in one of the Commission's visits to Liverpool. In an open forum, attended by a cross-section of the local black and Asian community, I found that I was the focus for searching questions regarding dissatisfaction with local policing and the treatment by the police of the local black and Asian residents. Whilst I was very well informed and aware of the issues on ‘my own patch’, I found it difficult to answer for perceived shortcomings in another Chief Constable's area. This was an important lesson to have absorbed prior to the Home Secretary initiating the Inquiry into the murder of Stephen Lawrence. Whilst this was to be One size a searching investigation of how the Metropolitan Police had carried out their does not fit all enquiries, from the outset it was apparent Judith Hunt reflects on her emotions and thoughts for me. Including to me that important lessons for every pleasure at the progress that has been police force in the country would experience of being a member of made, depression at the stalemate in emerge. the Commission and links it to her many organisations, depression at the The recommendations of Sir William involvement in local government continuing awful consequences of racism Macpherson’s Inquiry have strongly and administration over the years. on individuals and their families and influenced the Commission, both in its excitement at the opportunity to rethink discussions and the content of its oining the my own views and experiences, and to published Report, and the Police Service Commission in contribute through the report to a wider and others have a duty to address the Jits second public debate. Commission's findings with the vigour phase, in the wake With others, I was involved in that the black and Asian communities of the Stephen implementing race and equality policies demand. Lawrence Inquiry, in the Greater London Council in the Colin F. Bailey, Chief Constable of has been a 1980s, and subsequently at national level Nottinghamshire Police 1995-2000. complete mix of for Local Government. Our recent

4 The Runnymede Bulletin September 2000 The world is watching national identities, and relationships Sally Tomlinson reflects on the between majorities Members of the Commission Commission's emphasis on the and minorities and guests at work in 1999. living in the same Photographs and arrangement concept of belonging, and by Rachel Richardson-Malik. territory are matters places its report within the for intense wider international context. international debate, and people t was both a pleasure and an are prepared to kill and die for the honour to serve on the recognition of their national or ethnic ICommission on the Future of identity. Britain is uniquely placed to Multi-ethnic Britain. In all our offer an example to the world of a meetings the discussion which country struggling with itself to resist interested me most and to which we appeals to a racist nationalism that returned again and again was that of excludes communities defined as racial, ‘belonging’. ethnic, or refugee. Whom do we most closely identify In the recent past few politicians or ourselves with – family, community, other public figures were willing to take a country, nation-state – and why lead in asserting that minorities do share a is it that we so often define our ‘national identity’, and some, shamefully, inclusion by the exclusion, still attempt to scapegoat minorities as denigration and hatred of responsible for social and economic ills. others? Our conclusions were But there are now, as the Commission that, despite much racism and found in its work, many leaders from all xenophobia, Britain is a communities and in all walks of life – in community of communities, a Parliament, the professions, business, multicultural post-nation still sport, and cultural activities, and struggling to come to terms with countless others in the general public – the end of Empire. There is who see the dangers of a country split by enough evidence of advance in the ugly divisions. They are working to struggle for equality and racial create a decent society which can give a justice to believe that a newly lead to Europe and to the world in its defined Britain does have a future. respect for all individuals as equals Perhaps we did not stress within a community of communities. enough that the world is watching. Sally Tomlinson is Emeritus Professor In the modern world, claims to of Educational Policy at Goldsmith's nationhood, recognition of College, University of London

experience, appropriate to our diverse communities. highlighted for me that all involved in prior to the Stephen Lawrence Inquiry, That much of the recent guidance developing and implementing public was that the significant numerical provided by the CRE to national local policy need to acknowledge that progress in the 1980s and early 1990s government organisations, would, if complexity and find a thousand and one had been maintained only in a small implemented, make significant changes ways of engaging with our diverse proportion of councils as equalities had in helping to create open and accessible communities. We need to really hear the slipped off the political agenda for most. services fully reflecting the needs of needs and views, and where there are Some councils, mainly metropolitan and diverse communities. That change in contradictions and difficulties over London boroughs, had maintained their legislation would be helpful. The critical religion or cultural values to enter into a attention and focus, but perhaps like us base point is that the facts and figures real debate at the most local level. One were not sufficiently rethinking what was must be collected, monitored and acted size definitely does not fit all. This required at the turn of the century. upon. change will require a much deeper What have I learned? That there is Above all, the experience of the engagement for all in the public services, deep-rooted experience of racism for Commission has been for me a strong and an engagement that is about listening many of our communities, much of reminder that our communities are and changing in response to the varying which has remained hidden, and that increasingly complex, therefore solutions needs of our diverse communities. many youngsters believe their life have to be complex too. The debates Judith Hunt was chief executive of the chances will be blighted by racism. That around nation, cultural identify and Local Government Management Board, many of our public services have failed religion have challenged some of my 1993-8, and before that chief executive of to tackle racism and construct services personal thinking. The debates have also Ealing Borough Council.

The Runnymede Bulletin September 2000 5 A labour of love mainstream policy and equal may better share our collective, multiple opportunities. For a number of years my and different identities in a future multi- SŽamus Taylor locale has been Haringey, a borough ethnic Britain. recalls personal marked by the range and importance of its SŽamus Taylor is Head of Policy: and professional diverse communities – with sizeable Equalities and Diversity, Haringey African, African Caribbean, Asian, Council and outgoing Chair, Action experience in Cypriot, Jewish, Irish and Kurdish Group for Irish Youth. relation to the communities, and it was through this Commission's work that I was invited to sit on the New problems, work, and Commission. From the very beginning I felt both a new solutions stresses that the Irish dimension in delight and a responsibility – a delight that the Commission's report is one of its the Irish experience had been thought David Faulkner comments on the distinctive features Ð Irish experience about at the outset, and a sense of principal implications of the report illuminates Britishness rather as the responsibility to articulate the Irish for public administration and law. experience appropriately at key stages of experience of black people the Commission’s work. I have to say ritain is illuminates whiteness. unequivocally that I have thoroughly coming to enjoyed my involvement with the Brealise that rowing up in small-town rural Commission – for me it has been a 21st-century Ireland in the 60s and 70s I lived genuine labour of love. I care problems need Gin a very homogeneous society - professionally and passionately about the more than 20th- almost everyone was white and all future of multi-ethnic Britain – about century solutions. cultural symbols were Irish. My sense of every topic we discussed, every argument, Education is Irishness was affirmed on a daily basis. and every emphasis in the final report. about more than Following university I found myself What I will always cherish about test scores and exam results; health is leaving Ireland to work initially as a social working with the Commission was the about more than waiting lists and worker with London’s Irish community. genuine collective effort involved in recovery rates; employment is about Living in London and working with producing its findings – the way in which more than numbers claiming benefit; excluded Irish people taught me that Irish we Commissioners engaged, meeting criminal justice is about more than identity was not unproblematic and the after meeting, with each others' drafts; catching criminals and locking them up. Irish experience was marked not only by went away and diligently refined our own Racial equality – and social justice – are diversity and success but also by efforts; and always reached a workable about more than avoiding discrimination. disadvantage and discrimination. Whilst consensus. It was wonderful to engage The Commission on the Future of Multi- not belonging to a visible minority I with and witness the expert chairing by Ethnic Britain has contributed to this quickly realised that I belonged to a Bhikhu Parekh, the willingness of realisation, most obviously as regards perceived minority and that accent does Commissioners to compromise, and the racial equality, but also in other areas of not lag far behind colour as a marker of skilled editing by Robin Richardson, social policy, politics and governance. difference. I found that my accent elicited which have combined to produce a report For me, the experience of working as a range of positive and negative responses that all Commissioners could sign up to. a member of the Commission has from ‘oh you’re Irish’, as if I were some Involvement with the Commission has demonstrated the need to move on from kind of rare zoological exhibit, to also been a wonderful learning avoiding discrimination to promoting expectations that I be as eloquent as Wilde experience; enabling me to contextualise equality and valuing diversity; to stop or as thick as the Paddy in the Punch day-to-day equalities and diversity thinking of people as belonging to a cartoon. practice in a multi-ethnic borough within ‘majority’ or ‘minority’; and for people I became involved in founding a a wider theoretical and policy framework. to translate that change of outlook into charity, Action Group for Irish Youth, In terms of addressing the Irish their personal lives as individuals, their which seeks to promote Irish community experience in the Commission’s work I collective lives as citizens, and their inclusion and tackle Irish community think the report does justice to it wherever working lives in their various exclusion. We and others worked with the evidence was available to the professions, trades and occupations. Commission for Racial Equality on a two- Commission. In some ways, the Irish The means of satisfying that need are year research study on the Irish dimension is a unique feature of this partly a matter of personal and social experience of discrimination in Britain. report and helps shed fresh light on key values, and partly of professional or Launched in 1997, the report was themes – an understanding of the Irish sometimes political judgement. They welcomed by the Home Secretary. He is experience in Britain illuminates include not only programmes and committed to drawing on the research to Britishness in a way that the experience of techniques – training, recruitment, inform Britain’s future race relations black people illuminates whiteness. My monitoring – but political and professional strategy. hope, speaking personally and as a leadership and commitment. Conditions for Alongside this voluntary activity I've Commissioner, is that in so doing the success include a clearer and more coherent been working in local government, both in report will help us all understand how we understanding of human rights; of the

6 The Runnymede Bulletin September 2000 individual and collective responsibilities of compared with others, the many problems But perversely in Britain human rights citizenship; and of the nature and of the Chinese working in catering have not has been seen as the prerogative of white importance of civil society. They also been given sufficient prominence. lawyers. No longer. include structures and mechanisms to Immigration and asylum have become The Commission’s report draws out the ensure that public services are not only significant issues for the Chinese full significance of human rights accountable but also legitimate. community in Britain since the tragedy of principles, and the international legal The questions raised by the Report, the 58 young people from Fujian standards to which the UK has signed up, and the answers it gives to them, are not (Southern China) found dead in a for achieving race equality. It stresses the just about the treatment of what have in transport container in Dover in June 2000. importance of a human rights culture – a the past been termed ‘ethnic minorities’. While not condoning illegal immigration, culture of mutual respect among equals, They most certainly cannot be dismissed Chinese in Britain believe that current and of respect for minorities, to achieving as ‘political correctness’. They go to the immigration and asylum policies are that goal. It recognises the potential heart of modern British society, its social based on increasingly harsh and racist significance of the new Human Rights Act and political values, the relationship principles that drive desperate people to in bringing about that cultural shift, and in between the state and the citizen, the take desperate steps in order to escape providing new grounds on which black nature of authority, and the character of oppression, persecution and the ravages of and Asian people can challenge the moral and political leadership. poverty in developing countries. Such infringement of their rights. David Faulkner is Senior Research people then succumb to the blandishments The report argues that human rights Associate, University of Oxford Centre of criminals and are exploited by them principles provide an ethical code on for Criminological Research. and their evil organisations. The how individuals should treat each other, Commission’s recommendations on and the ground-rules for negotiating immigration and asylum have the support conflicting rights in a multi-cultural The Chinese of the Chinese community. society. As such they must be centre- The future for a multi-ethnic Britain stage in the negotiation of our future, not community envisaged by the Commission’s report left to lawyers and the courts. Human Michael Chan reflects on the will lead to a more equitable society rights principles are the language we all where merit is recognised and diversity must learn to speak, at home, at school, concept of Ôa community of citizens valued. This is the Britain where Britons at work and in public life. and communitiesÕ, referring in of all backgrounds, including the Acknowledging the significance of particular to its relevance for the Chinese, will participate fully. Politics is human rights principles does not mean Chinese community in Britain. a field most Chinese people have ignored that the specific measures needed to until now – but not in the future. address race discrimination and promote Britain that Michael Chan is Chair of the Chinese equality should lose their focus. The is a in Britain Forum and Professor of Ethnic report is indeed replete with Acommunity Health, University of Liverpool comprehensive legislative and policy of citizens and of recommendations. It means that those communities is addressing race equality issues should very appealing to work closely with those working on other the Chinese Race recognised human rights issues, including those of community, gender and disability, each ensuring that established here for as a human they reflect both race equality and wider more than a century but maintaining its human rights principles in their work. distinctive cultural values and practices. rights issue There is a useful analogy here with the Non-Chinese communities and environmental field. At one time people individuals in Britain have adopted some Sarah Spencer stresses that racial working on wildlife protection or global Chinese practices: eating Chinese food, justice is a human rights issue and warming operated entirely separately. using traditional Chinese medicine and places the report within the context Now they see themselves as part of a practising tai chi and kung-fu. single environmental movement. Far As a community, the Chinese in Britain of recent national and international from losing their individual focus, they have been found by national surveys of developments. have been strengthened by working ethnic minorities to be relatively healthy together, recognising what unites them as and successful. Nevertheless, some he extreme racism witnessed well as their own distinctness. sections of the community, particularly the during the Second World War led If the report helps to draw together elderly and young families in food catering, Tto the unprecedented negotiation thought and practice on race equality and experience social isolation and poverty. of the post-war international human human rights issues, each strengthening The elderly may have difficulty with the rights agreements, committing nations to the other, it could lead to a step-change in English language and not be living near action against discrimination and to the progress over the next decade. other Chinese people who can help them. protect other fundamental rights. Race Sarah Spencer is director of the However, because of the perceived equality is a quintessential human rights human rights programme at the Institute successfulness of the Chinese community issue, and is recognised as such abroad. for Public Policy Research.

The Runnymede Bulletin September 2000 7 A fantastic I have no doubt that some will disagree elected people. Some efforts have with aspects of the report, possibly even therefore been made to encourage ethnic experience attempt to challenge its validity. I, minorities to register as electors and to Matthew McFarlane describes however, hope that it will inform, become members of political parties. It challenge and, most of all, ensure that the appears from research that ethnic his personal experience of being a momentum provided by the Lawrence minorities have responded well to these member of the Commission and Inquiry is sustained to improve not only efforts; but more needs to be done. considers implications for the policing, but the many other areas which I believe that the integration of ethnic police service. the report covers. minorities into the political process Matthew McFarlane is Chief requires their effective not token eing so Inspector (Community and Race representation and involvement. There intimately Relations) with Nottinghamshire Police. are only nine MPs in the House of Binvolved in He attended sessions of the Stephen Commons and about 530 local the preparation of Lawrence Inquiry as the official councillors of ethnic minority origin. the Report has been representative of the Association of Chief There is no ethnic minority person a fantastic Police Officers elected for the Scottish Parliament nor experience. To have the Welsh Assembly. Four ethnic the opportunity to minority origin MEPs are representing sit and discuss Politics the UK in the European Parliament and issues of race and discrimination with the there are 18 life peers of ethnic minority members of the Commission really has Muhammad Anwar, who has origin in the House of Lords. Clearly, been an education for me. written many research studies more must be done to encourage and help I remember in particular, before I over the years on the involvement ethnic minorities to participate in the became fully involved with the of Asian and black communities in decision-making process, so that the Commission, going to see Stuart Hall process reflects our multi-racial society. deliver a lecture as part of the Windrush elections and politics, stresses the This should also include appointments to celebrations in Nottingham. I took all of importance of the report for all unelected bodies. my staff to hear him. The next day back political parties. The political parties have a at work we placed a quote from him on responsibility to increase the number of our office wall. To subsequently have the he involve- ethnic minorities in the decision-making opportunity to share ideas on policing, ment of process. This will help to achieve equal with him and other Commission members, Tethnic opportunity not only within the political has vastly increased my understanding of minorities in all parties but also outside them. The many of the issues we face. aspects of British Commission has made recommendations When I attended hearings of the public life is crucial in this context which should be taken Lawrence Inquiry, I considered it a unique if we are to create, seriously by the political parties and opportunity to learn how to improve in the future, a other relevant bodies. Increased policing. I would certainly say that the society free of participation in the political process and meetings of the Commission were an racial disadvantage and racial discri- positive policies by political parties opportunity just as valuable, and unique. mination. I believe that, in addition to the would also help the integration of ethnic In drafting the Report, the progress of ethnic minorities in education minorities as full citizens of this country. Commission has not avoided difficult and the professions, their integration into Therefore, equality of opportunity in the questions. It has attempted to deal with the political process is of fundamental political process is crucial to achieve complex issues on a importance. There should be equality in other fields, and this means sound academic basis, more ‘decision-makers’ effective representation and involve- whilst giving useful, from these communities. ment. The next general election will be a practical guidance and However, the good time for the political parties to advice. Throughout, the representation of ethnic show their commitment to providing Commission has been minorities in the equality of opportunity for ethnic aware that the Report mainstream of British minorities, in much the same way that must be accessible to a politics is very small, the Labour Party did at the last general huge variety of though their participation election to increase the number of audiences, at all times in elections as voters has women in the House of Commons. balancing the increased recently. In the Professor Muhammad Anwar is intellectual with the last few years, political research professor at the Centre for pragmatic. parties have become more Research in Ethnic Relations at the Fundamentally, it must aware of the importance of University of Warwick (CRER) and lead to change and the ethnic minority vote previously director of CRER, 1989Ð94, improvement. and the under- and head of research at the Commission This has been no easy achievement. representation of ethnic minorities as for Racial Equality, 1981Ð9.

8 The Runnymede Bulletin September 2000 Designing, Drafting and Delivering Ranimed, Runnymede and a Long Report

Robin Richardson, director of the Runnymede Trust when the Commission was first designed, and editor of the CommissionÕs report, describes the background debates and concerns. Bhikhu Parekh and Robin Richardson at a Commission meeting in 1999

he founders of the Runnymede Trust named the new In 1992 the trustees of the Runnymede Trust, chaired by body after ‘the meadow called Ranimed between Anthony Lester, began to discuss amongst themselves and with TWindlesora and Stanes’ where the final draft of Magna close friends the possibility of a new version, so to speak, of Carta was hammered out in June 1215. Some of the Magna Colour and Citizenship – a document which would act as a Carta’s 63 clauses meant different things to different people, charter for the following decade, and which would be imbued and some were so obscure that they meant nothing to anybody. with the same combination of passion and reason. A new But the charter as a whole, notes Norman Davies in his recent document would need to take account of a substantial new body book The Isles, was ‘fundamental to the subsequent growth of of research and theorising; the much greater influence of Asian the rule of law’. He adds: ‘Indeed, the basic idea underlying the and black organisations and individuals in national and local charter, that good government depends on agreed rules of affairs; and the massive changes in public administration and conduct observed by all, is the cornerstone of governance known by the shorthand term ‘Thatcherism’. constitutionalism.’ In 1994 Runnymede organised a large residential The Runnymede Trust came into operation in summer 1968, conference, The Future of Multi-Ethnic Britain. It was here that a few weeks after Enoch Powell’s infamous ‘rivers of blood’ the idea of a follow-up to Colour and Citizenship was first speech in Birmingham. Its two founders were Anthony Lester publicly mooted. ‘There is a need for a new public philosophy and Jim Rose, respectively a constitutional lawyer who had and a new national consensus,’ the conference declared, ‘about been much influenced by direct experience of the civil rights the nature of Britain as a multi-ethnic society.’The first and movement in the United States, and a former journalist who was over-riding recommendation from the conference was: ‘A the director of a major survey of race issues in Britain in the national commission on multi-ethnic Britain should be set up, 1960s. They were determined to locate the new body they were to develop further the proposals listed in this report. The creating in the traditions of rule of law and constitutionalism commission should consult with all interested parties, and symbolised by Magna Carta. should aim to disseminate its findings as widely as possible.’ Rose’s magisterial study Colour and Citizenship was The Joseph Rowntree Charitable Trust immediately offered published by Oxford University Press in 1969. A year or so later financial support to enable planning to start. Over the following Colour, Citizenship and British Society by Nicholas Deakin, months precise terms of reference were hammered out, who had worked closely with Rose on the longer book, was procedures and criteria for appointing commissioners were published as a Panther paperback. Together, these texts acted as agreed, and the legal relationship between the Trust and the charters or founding documents for the Runnymede Trust in the Commission was clarified. The Nuffield Foundation (which in 1970s and early 1980s. They also, it is relevant to recall, had a the 1960s had been the principal funder of the research by Rose major influence on the creation of the Race Relations Act 1976. and Deakin) joined the Joseph Rowntree Charitable Trust as a major funder, as also did the Paul Hamlyn Foundation. The Commission was Home Secretary Jack Straw, who launches launched in early 1998 by the Home the Report on 11 October, says: Secretary, Jack Straw. The first chair was Sir John Burgh, until recently president of ‘I very much welcome the publication of this Trinity College, Oxford. In autumn 1998 long-awaited report. In its wide-ranging analysis the commission took on several new of race relations in Britain today, the report very members and Bhikhu Parekh took over as usefully brings together two key threads of this chair. Government's programme – the promotion of By October 1999 a first draft of the Commission’s eventual report had been race equality and the introduction of the Human drafted. It was based on the meetings, Rights Act. Both Government initiatives will help reduce the seminars and visits which it had disadvantage and inequalities which many from the ethnic organised, and on the many submissions minority communities in Britain face today.’ and papers which it had received. Over the following months the first draft was

The Runnymede Bulletin September 2000 9 substantially re-written, and indeed only about five per cent of It verges on grotesque hubris, of course, to refer to the that initial draft survived intact into the final report. Long commission’s report and Magna Carta in the same breath. It passages and complete chapters were ditched, even after they may even be hubris to associate the report with Colour and had been much revised. New paragraphs, sections and Citizenship. But the Commission would be insufficiently sentences were continually added, right up to the day in late ambitious if it did not dream and intend that its report should be August 2000 when the manuscript finally went to the printer. widely read. Each commissioner – and each reader – will have T S Eliot once said that poets are engaged in ‘an intolerable their own feel for what is particularly important in the report. struggle with words and meanings’. Well, so are the members of What the report itself says is that the future of multi-ethnic a commission, as they hammer out a statement which they all Britain depends on six main tasks: (1) rethinking national can live with. identity and the national story; (2) developing new The struggle with words and meanings was fundamentally, understandings of identity, and seeing that all people have of course, to do with politics and ideology – words such as multiple and shifting identities; (3) working out a balance of nation, history, culture, identity, cohesion, equality, diversity, cohesion (‘One Nation’), difference and equality; (4) dealing race, racism. But also there were questions of style, register, with racisms – i.e. seeing and addressing racism as multi- tone of voice. How deferential or conversely how critical faceted; (5) reducing material inequalities but at the same time should the report be towards the current government? Could it avoiding colour-blind and culture-blind approaches; and (6) be academically watertight but also reasonably down-to-earth, building a pluralist human rights culture. and accessible and reader-friendly for non-specialists? Could it None of these six notions is in itself new. But they haven’t simultaneously address policy-makers on the one hand and previously been brought into such close proximity with each strengthen the hands of campaigners on the other? Should it other. As readers grapple with them and their interconnections accept and use the prevailing vocabulary – ‘minority ethnic there could be many exciting and fruitful conversations, groups’, ‘ethnic communities’, ‘race relations’, and so forth – reflections and actions. That, any way, is what the or should it seek out new terms? In plenary meetings and in commissioners have to hope. sub-groups the Commission went backwards and forwards as it What do those six tasks mean for a police officer, a teacher, a wrestled with these and related questions. King John and his nurse, a journalist, an arts administrator, a trades unionist, an barons, meeting 800 years ago in ‘the meadow called employer, a parent, a lawyer, an immigration officer, a religious Ranimed’, can scarcely – it sometimes seemed – have had a leader? What would such people do differently if those tasks more difficult time. were at the forefronts of their minds? The report raises these Nicholas Deakin once remarked that writing Colour and questions, and provides resources and ideas for answering Citizenship in the 1960s had been like painting the Forth them. It doesn’t, of course, actually settle them. But not even Bridge. As soon as he and his colleagues had finished it was Magna Carta actually settled anything. T S Eliot also said, in the time to start again, for so much had happened since they began. same poem quoted above: ‘For us there is only the trying. The There had been changes in the outer world and also in their own rest is not our business.’ understandings and perceptions. So it was with The Future of Robin Richardson is a director of the Insted consultancy. He Multi-Ethnic Britain. By the time it was finished it was was director of the Runnymede Trust, 1991Ð96, and editor of incomplete. And the same, even, for Magna Carta. Of the report of the Commission on the Future of Multi-Ethnic Britain, making of constitutions there is no end. 1999-2000

COMMISSION ON THE FUTURE OF MULTI-ETHNIC BRITAIN Related Events, Conferences and Seminars October 2000 to February 2001 The following conferences, meetings and training events are relevant to the subject-matter of the CommissionÕs report. An asterisk indicates that one or more of the speakers or lecturers is associated with the CommissionÕs work.

The Future of Multi-Ethnic Britain* headteachers and teachers in Redbridge but The Future of Multi-Ethnic Britain* Thursday 12 October, 9.30 am to 4.30 pm, places may be available for others. Details Thursday 19 October, 7 pm, Peterborough Royal Overseas League, London, organised from Carol Edwards, Minority Ethnic Racial Equality Council. Details from Harmesh by Queen Mary and Westfield College. Mike Achievement Service, Redbridge Teachers Lakhanpaul, Peterborough Racial Equality O’Brien MP responds to the Commission’s Centre, Melbourne Road, Ilford IG1 4HT. Council, 32 Russell Street, Peterborough PE1 report on behalf of the government, and 2BQ [tel 01733 554630, email speakers on behalf of the Commission Aspects of Cultural Pluralism and Antiracism* [email protected]] included Bhikhu Parekh, Colin Bailey, Stuart Wednesday 18 October, 6.30 pm, Chatham Hall, Trevor Phillips, Sarah Spencer and Sally House, London, organised by the Institute of The Literacy Hour and Intercultural Tomlinson. The day was chaired by Gus John. Jewish Policy Research, a panel discussion of Education the findings and recommendations of the Friday 20 October, Canonbury Academy, Education and the Lawrence Report* Commission’s report, with speakers on behalf London, organised by the Intercultural Friday 13 October, 9.00am to 4pm, Redbridge of the Commission including Bhikhu Parekh Education Partnership. Opening talk by Teachers Centre, organised jointly by the and Stuart Hall, and chaired by Antony Michael Barber, and a range of workshops on Redbridge Racial Equality Council, Redbridge Lerman. Details from Lena Stanley-Clamp at good practice. Details at Police and Redbridge Education Authority. IJPR, 79 Wimpole Street, London W1M 7DD http://atschool.eduweb.co.uk/collearn/index.ht Lectures by David Moore HMI and Robin [tel 020 7935 8266, email Stanley- ml or from Stuart Scott, Collaborative Learning Richardson. Intended primarily for [email protected]] Continued on back page

10 The Runnymede Bulletin September 2000 HUMAN RIGHTS

Liberty, Equality, Community and the Human Rights Act Without having to take cases to the European Court of Human Rights in Strasbourg, a greater degree of justice for the British people is envisaged as a result of the European Convention having been enacted into UK law on 2 October 2000 in the form of the Human Rights Act. It will be a matter for case law via the courts to interpret and apply an Act which represents Ôa vision of human rights enjoyed by individuals on an equal basis and in a strong communityÕ (Booth and Singh, Daily Telegraph, 7 August 2000). Here organisations and practitioners anticipate how it could impact on their work. 3. Differences in emphasis ÔBringing discrimination law into a human rights contextÕ Ð the and scope Commission for Racial Equality welcomes the Human Rights Act As suggested above, the HRA should bring about a qualitative difference in the or ethnic minorities human rights in the carrying out of any of their functions. relationship between the individual and the take on a particular importance. The The Bill for the first time applies the 1976 state. The Race Relations Act and the Fcoming into force of legislation that Act to functions such as law enforcement, Race Relations (Amendment) Bill regulate builds human rights into the way public detention under the Mental Health Act and that relationship and prohibit authorities exercise their powers is a some aspects of immigration control. discrimination on racial grounds. significant occasion. The Human Rights The Bill also imposes on public Under the HRA the higher courts can Act 1998 (‘the HRA’) is an important step authorities a requirement to build anti- declare that provisions in legislation are towards a human rights culture in the UK discrimination and racial equality into all not compatible with the Convention and and so will create new possibilities for that they do. The general duty in the Bill Ministers may, by a special procedure, challenging discrimination. Human rights will be amplified by specific duties seek to amend the legislation to achieve are based on respect for the dignity and imposed by the Home Secretary (or, for compatibility. The Race Relations Act, worth of the individual; they seek to secure Scottish authorities, by the Scottish even after amendment, will remain subject each individual’s safe, effective Executive). It is expected that the specific to primary and secondary legislation; it will participation in society; they ensure that duties will be similar to those contained in remain open to Ministers to introduce, and the view of the majority will not necessarily, the equality duty provisions of the Parliament to enact, legislation that is or always, prevail. Northern Ireland Act 1998, including a duty potentially discriminatory. The HRA brings discrimination law into to assess proposed policies for their The Race Relations Act 1976, a human rights context: it will expose impact on racial equality. especially with the pending amendments, discriminatory practices by public will provide greater protection from authorities such as the police or prisons 2. Combined impact discrimination. The non-discrimination that until now have been immune to Taken together, the HRA and the amended provision in the HRA applies only to the challenge. On its own, however, the HRA Race Relations Act have great potential for enjoyment of Convention rights, which are offers only limited means for challenging helping to transform permanently the primarily civil and political rights. The Race racism and discrimination. The protection culture of public authorities. The two Acts Relations Act prohibits discrimination in against discrimination in the HRA is not a complement and underpin each other: the enjoyment of social and economic separately enforceable right. Both impose permanent positive rights, e.g. employment, access to goods, Discrimination is outlawed to the extent obligations on public authorities: at all facilities and services, as well as civil and that the European Convention on Human times to act compatibly with the political rights. Even after amendment the Rights requires that the Convention rights Convention and to have due regard to the Race Relations Act will not apply to judicial are enjoyed without discrimination on any need to eliminate racial discrimination and proceedings, so the HRA will provide the ground. promote equality of opportunity. only means to challenge racial bias by In relation to racial discrimination, some Implementing these duties will require courts and tribunals. gaps in the protection offered by the HRA new ways of working. Both new and The HRA is concerned solely with will soon be filled, when the Race Rela- existing policies and practices will need to public functions, while the Race Relations tions (Amendment) Bill comes into force. be scrutinised to determine: Act has always outlawed discrimination by This Bill, awaiting final Parliamentary (a) whether policies or acts interfere with both the public and private sector. approval, strengthens the Race Relations the enjoyment of Convention rights, Act in its impact on public authorities. and/or put people from a particular 4. Using the HRA to tackle racism racial group at a disadvantage; or The HRA 1998 may provide a legal basis 1. Race Relations Act 1976 and (b) if alternative policies or acts can for arguing that racism itself is a violation Race Relations (Amendment) Bill achieve the same objectives without of human rights – for example, in cases The Race Relations (Amendment) Bill interfering with Convention rights or challenging the role of the state in outlaws discrimination by public authorities discriminating on racial grounds. restricting expression of racist views or

The Runnymede Bulletin September 2000 11 prosecuting those who publish racist material. Or, certain manifestations of ÔHuman rights are our constitutional birthright É The Human racism or discrimination might constitute Rights Act is a cause for celebration. It is no ordinary lawÕ inhuman and degrading treatment under (Anthony Lester) article 2. t is more than thirty years since I began the 5. What are the implications of the campaign for a British Bill of Rights as a bulwark HRA 1998 for the CRE? Iof liberty shielding individuals and minorities For the purposes of the HRA, the CRE is a against what John Stuart Mill called ‘the tyranny of public authority to which the Act applies. the majority’ and the abuse of power by public The CRE is therefore under a duty to act officials. As a first step, I argued for the incorporation compatibly with the Convention in of the European Convention on Human Rights into decision-making and in the exercise of UK law. What made me aware of the need for this discretionary powers. was my work in the 1960s campaigning for effective Where discrimination on racial grounds legislation to promote racial equality and to tackle by a public authority has occurred the racial discrimination. It made me realise the dangers victim may have a basis for legal action of the traditional British system’s reliance on the under the HRA 1998 and the Race sense of ‘fair play’ of Ministers and civil servants, Relations Act 1976. For example, a and their accountability to Parliament and the criminal defendant might wish to argue people, without the additional safeguards of legally that their arrest was racially discriminatory enforceable guarantees of human rights. It made me understand the need for under the amended Race Relations Act positive legal rights and for effective legal remedies. 1976 and a breach of their right to liberty The way in which the Government rushed the Commonwealth Immigrants Act and freedom from discrimination in the 1968 through Parliament as an emergency measure was a grim example of the enjoyment of their Convention rights under dangers of populist oppression of vulnerable minorities. This was the measure that the HRA. deprived some 200,000 British citizens of East African Asian origin of their right to Generally the CRE hopes to work in enter and live in this country. It was enacted to appease a tide of racial hostility collaboration with public authorities, whipped up by Enoch Powell and others. It required recourse to the European advice agencies, lawyers and others to Commission of Human Rights (supported by the then recently-formed promote and enforce the HRA. The Runnymede Trust) to reverse a piece of legislation held to have subjected a group dovetailing of the HRA with the amended of our fellow citizens to inherently degrading treatment on racial grounds. Race Relations Act offers scope for truly The Race Relations and Sex Discrimination Acts (on which I worked for two effective action to make public authorities years as Roy Jenkins’s Special Adviser at the Home Office) created positive rights accountable and committed to the and legal remedies for particular kinds of unfair discrimination. They were no inseparable concepts of racial equality and substitute for wider guarantees of human rights, but the Labour Government was human rights. then as hostile as Conservative Governments to proposals to make the European Convention on Human Rights directly enforceable in British courts. Barbara Cohen and Razia Karim, Legal It has taken thirty years to persuade Government and Parliament to recognise Section of the Commission for Racial that human rights are our constitutional birthright, to be protected as fundamental Equality rights by our courts as well as by the European Court of Human Rights. The Human Rights Act is a cause for celebration. It is no ordinary law. The Act requires every court and tribunal to interpret and apply the law so as to be compatible with Inherent dignity the rights anchored in the European Convention, including the fundamental right and equal worth … to equal treatment without discrimination on any ground. ‘The concept of human rights in the Convention The way in which the Convention guarantees equality without discrimination is is not based on individual selfishness. It is important narrowly restrictive. Instead of providing a general guarantee, it forbids to remember that the rights we claim for ourselves discrimination only in the enjoyment of some other Convention right. That is why a reflect the duties which we owe to others. Indeed it new Protocol No. 12 has been drafted to give a freestanding guarantee of non- is because of the inherent dignity and equal worth discrimination on any ground. There is an urgent need to persuade our Government of everyone that we have human rights.’ ‘Nearer to home we also need to learn the to be among the first to sign and ratify the Protocol at the Rome meeting of Ministers lesson that it is not enough for public authorities to in November, commemorating the 50th anniversary of the Convention’s birth. refrain from violating rights themselves. When, for Parliament is in the process of strengthening the Race Relations Act to cover example, the police fail to investigate a racist discrimination by public authorities in providing their services and to impose murder effectively or when a local authority fails to positive duties to eliminate discrimination. These very welcome reforms mean that take action against those who engage in the anti- social harassment of their neighbours, the human the Human Rights Act will make little difference in relation to racial discrimination. rights of the victim may have been breached not But unless and until the Government agrees to extend the law to tackle other just by the hooligans concerned but also by the forms of discrimination, for example, on religious grounds, the new Act will create failure of those in power to help them.’ remedies via the Convention rights. (Booth and Singh, Daily Telegraph, 7 August 2000) Lord Lester of Herne Hill QC, Joint Founder of the Runnymede Trust in 1968

12 The Runnymede Bulletin September 2000 ÔThe Human Rights Act is legislation that expresses a set of Creating a human rights values É[and] values based legislation Ð such as the Race culture: ÔIt is the effect the Relations Act for example Ð can help to Human Rights Act will have transform our cultureÕ (Jenny Watson) on the ethos of public administration that signals the ctober 2nd was a historic moment for all biggest change brought in by of us in the UK. For the first time, we have Oa bill of rights, setting out our rights in the ActÕ (Leena Chauhan) language that we can all understand. It’s something that our children can be taught in school, that those in authority will need to respect he Human Rights Act 1998 brings – and that we can enforce in the courts if we need much potential for improving the to. The Human Rights Act has been a long time Tway individuals are treated by the coming – years of campaigning, lobbying, and government and public bodies. From 2 then finally training for judges and those in public October 2000, everyone from the Prime authorities that need to know about the difference Minister to care assistants in residential it will make to their work. homes is under a duty to ensure that their The most significant thing about the Act is the fact that it is legislation that actions, and the decision-making expresses a set of values. And as we know, values based legislation – such as processes that precede them, are the Race Relations Act for example – can help to transform our culture. The Act compatible with the European Convention places the dignity and respect that should be accorded to every human being at on Human Rights. People will also be able the heart of the development of public policy. And it also contains the crucial to seek redress in the UK courts – instead notion of the balance of rights. Rights are not something that can be seen in of having to go to Strasbourg – if they isolation. The Human Rights Act recognises that there is such a thing as society, believe that their rights have been and that human rights must exist in the context of the communities in which infringed. In the context of the volume of people live. For those rights which are not absolute – the right to freedom of dealings between individuals and public expression for example or the right to privacy – that is an important concept. We bodies, the number of cases that will reach cannot claim rights for ourselves without acknowledging the rights of others and the courts is minor. It is the effect the Act taking on the responsibility to respect these also. What might this mean in will have on the ethos of public practice? Well it means that those who publish racist literature – which by its administration that signals the biggest content provokes threats that could put the lives of others at risk – will find their change brought in by the Act. Black and right to freedom of expression being set against the positive obligations of the Asian people are amongst those likely to state to protect the right to life. benefit most from such a change. And it is the values contained within the Act that will inform decisions made by On one level, this cultural shift is about judges, and laws put before parliament by Ministers, ensuring that for the first ensuring that bodies falling within the remit time there is a minimum standard that those in authority must live up to – a of the Act provide services to the public in standard that puts the people first. Can the Act lead to a very different culture in a way that respects human dignity and the UK – a culture of rights? Lord Williams, speaking in the House of Lords when fairness. This is about developing good the Act was still under debate pointed out that “every public authority…will know practice beyond strict compliance with the that its behaviour, its structure, its conclusions and its executive actions will be law. More widely, the Act provides fresh subject to this culture. It’s exactly the same following the introduction of for impetus for improvements in how example race relations legislation and equal opportunities legislation…. That has individuals incorporate human rights caused a transformation in certain areas of human rights. The same is likely to principles into their own lives. Establishing follow when this Bill becomes law.” human rights as an element of Citizenship, It’s clear that government ministers expect to see a cultural shift. How might a new subject in English secondary the Act produce this in practice? If the courts do start to find that legislation schools from August 2002, is one example breaches human rights, they must send the law back to Parliament for debate of how human rights can be used to and amendment. That in turn generates media coverage – and we have already stimulate change in individual behaviour. started to see much more debate about human rights in the media in the run-up Truly effective implementation of the to the Act. This shared responsibility sets up a dialogue between the courts, Act requires preparation. The Human Parliament and of course civil society since we can lobby MPs, asking them to Rights Act Task Force, on which IPPR is take action to protect human rights. This is an exciting first step towards a culture represented, has been working hard to where human rights can be owned by everyone. How will you contribute to help Whitehall and public authorities get making this real? up to speed. The Government has not, however, allocated sufficient resources to Jenny Watson is Deputy Director of the Human Rights Act Research Unit, alerting public bodies to their new duties. A King's College, London. June 2000 IPPR telephone survey of local authorities revealed that the majority were

The Runnymede Bulletin September 2000 13 still not well informed about the implications something that will be revealed through the Article 5 – Right to liberty and of the Act for their work; since then, courts in the coming year, but there are security however, many authorities have reviewed areas where this will be played out. These Refers to the fact that nobody should be their policies and trained their staff. are, in particular, issues relating to Article 3 deprived of their liberty except for certain There are also several private and (Prevention of torture), Article 5 (Right to specified reasons – which may include liberty and security) and Article 8 (Right to voluntary bodies which carry out public immigration purposes, such as to prevent respect for private and family life). functions and are thereby covered by the unlawful entry or to effect removal. Before referring to each of these in more However, asylum seekers are not Act. Earlier this year, IPPR held a detail it is worth saying that there can be no automatically in either category. It will be conference to raise awareness amongst doubt as to the overall beneficial effects of necessary to show that their application is these so-called hybrid bodies at which the making the rights contained in the wholly spurious and if that were they not Home Secretary, Jack Straw, asserted that European Convention on Human Rights detained they would be likely to abscond. the Human Rights Act ‘will help us more readily accessible to domestic courts. Moreover it must be permissible to rediscover and renew the basic common The requirements to state whether all new challenge one’s detention before a court: values that hold us all together’. The legislation is compatible with the ECHR that is one of the main reasons why chances of realising such a vision are and to interpret existing law in the light of government legislated for a statutory right weakened without advice for public bodies the ECHR can only be beneficial. For to a bail hearing within 7 days. asylum seekers and refugees it is extra on how the Act impacts upon their The obvious point to make here is that beneficial as the ECHR has proved already responsibilities. this provision is now not due to come into to be in some instances a more flexible force until October 2001 – a full year after A statutory human rights body is one instrument than the refugee convention – the Human Rights Act! In the meantime, it internationally adopted mechanism which in its interpretations of people’s will be arguable whether Article 5 points can encompass a number of roles to circumstances, and in some of the rights it can be raised before an adjudicator in an support the protection and promotion of confers, it can be more absolute. Thus as existing bail hearing, or whether people will human rights. Apart from acting as a governments increasingly turn their gaze to seek judicial review in the courts to source of impartial, ongoing guidance for narrowing the interpretations of the challenge the lawfulness of their detention. public bodies, such a body can be charged Geneva Convention their ability to do so with scrutinising draft legislation to assess will be constrained to some extent by Article 8 – Right to respect for its compatibility with human rights, as is safeguards within the ECHR. private and family life So what are the likely areas of the case with the existing Northern Ireland Quite how far these qualified rights might contention? Human Rights Commission. Assisting and extend is not obvious. Article 8 clearly advising individuals in taking human rights could bear on issues of family reunion and admission subject to public funds cases to court is another key role. There is Article 3 – Prevention of torture and requirements, particularly in relation to the also room to commission research and to inhuman or degrading treatment families of those granted protection but initiate educational activities. These can This is an area where the right is absolute given exceptional leave to remain. provide a basis for a significant role in the although a correspondingly high level of Other likely areas are issues of family fundamentally critical task of ‘winning threshold of treatment is required. People definitions, age, unmarried or same-sex hearts and minds’ without which real, may not be sent back if there is a danger of partners and children. lasting change cannot ultimately be such treatment whatever the reason for it. It achieved. The Scottish Executive is is thus broader in scope than the refugee The Refugee Council as a public convention, as it has been interpreted, and planning to consult the public this Autumn body is capable of extending protection to on the need for a Scottish Human Rights HRA requirements impose on all public situations of generalised violence, or of bodies and the breadth of influence is Commission. The CRE has indicated that persecutions by clan or sexuality. It could widely drawn. The Refugee Council is now it thinks such a body is also essential in also refer to those targeted by criminal contracted to the Home Office for the England and Wales and would like to work gangs or by family connection. It clearly provision of ‘Assistant services’ – closely with it. could bear on situations where women assistance with support claims and the accused of adultery might, if returned, risk provision of emergency accommodation Leena Chauhan works on equality and stoning, harsh punishments under Islamic for asylum seekers. Some of this work is law or issues of female genital mutilation. human rights issues at the Institute for subcontracted to other refugee agencies. Cases have in the past also been found to Public Policy Research. All providers of such services need to be relate to life-threatening health issues alert to their role and responsibilities under relating to aids or severe disability. the Act as they could themselves become The Human Rights Act Ð the Many such cases currently get the subject of a challenge under the Act. exceptional leave to remain. This is at view from the Refugee Council present within the discretion of the Home Conclusion Office and the likely effect of Article 3 will be There is certainly expectation in the uch expectation has been placed to make such criteria far more explicit and refugee world that the HRA is an on the fact that the Human Rights subject to scrutiny at appeal. opportunity to defend rights that are being Act comes into play at a time when The main benefit is that in future the M eroded by other means. To what extent the main force of the government’s new government will have to consider both the these hopes are justified will be played out policies on asylum starts to exert a major refugee convention and Article 3 tests from in our courts in the coming months. impact. To what extent perceived the outset and hence take a broad view of shortcomings in these new arrangements the threats to that person's rights and well- Richard Lumley is Protection Adviser at will be mitigated by recourse to the HRA is being. the Refugee Council.

14 The Runnymede Bulletin September 2000 RACISM AND THE COURTS Taking away the tools to fight racism – the Government’s Mode of Trial Bill Lee Bridges of cases through the criminal justice system2 which found that: uring the closing weeks of the previous Parliamentary session, the House of Lords was being asked again to …the odds of cases involving black and Asian Dconsider the Government’s proposals to restrict the right defendants being terminated [by the prosecution] were, to jury trial, having roundly defeated an earlier version of this respectively, double and triple those for white defendants. legislation in January. The Mode of Trial Bill will remove the right …The possibility must be considered that, where the of defendants in ‘either way’ offences such as assault, burglary and defendant was from an ethnic minority group, the police theft to elect to be tried before a judge and jury in the Crown were more likely to submit for prosecution cases in which Court. Instead, it will be left to magistrates to decide whether such the evidence was weaker than average or where the public cases should be tried before them or in the Crown Court. interest was against the prosecution.

In-built prejudice New research A key criticism of the original bill was that it would create a ‘two New research for the Commission for Racial Equality (CRE)3 tier’ system of justice, with magistrates likely to allow jury trial to shows the key role that can be played by the right to elect jury trial those with middle class occupations and reputations while in combating such discriminatory practices in police arrest and denying it to others, including many ethnic minority defendants. charging decisions This study included 107 ethnic minority In its revised Bill the Government has proposed barring defendants (84 black and 23 Asian) charged with either way magistrates (and Crown Court judges on appeal) from considering offences. Comparisons were drawn between those tried at any ‘circumstance of the accused’. But magistrates will still be magistrates’ courts and those who elected Crown Court trial. presented with some facts – such as the defendant’s address and Nine out of ten of those tried before magistrates pleaded guilty. occupation – as well as being able to observe the defendant’s dress, Of the remainder, seven out of the 11 were convicted by demeanour and race, from which they may (perhaps unwittingly) magistrates, with only one being acquitted and the other three draw certain assumptions about reputation and standing in the having all charges dropped. This meant, overall, a rate of ethnic community. minority defendants being cleared of all charges in contested cases Yet, it will be forbidden for the defence to introduce any in magistrates’ courts of 36 per cent, and an acquittal rate ‘circumstance of the accused’ that might counter such prejudices. following summary trial of just 12.5 per cent. For example, a young black man from a crime-ridden inner city Of those who elected Crown Court, 11 out of the 27 (41 per estate who is charged with affray or assault (perhaps having been cent) pleaded guilty, but in every case this was on the basis of arrested for defending himself against an alleged racial attack) will reduced charges. Frequently, this resulted in the defendants not be able to tell magistrates that he is of unblemished character receiving substantially lesser sentences. In fact, most defendants or that his plans to attend university may be put at risk by electing to be tried at Crown Court and eventually convicted obtaining a conviction. received non-custodial sentences. The Government denies that its legislation will have any Of the ethnic minority defendants who elected Crown Court racially discriminatory effects, citing a research study by Dr and did not plead guilty, 12 out of 16 (75 per cent) were either Bonnie Mhlanga1 showing that magistrates are actually more likely acquitted or had the cases against them dropped. One of those to acquit ethnic minority than white defendants. In fact, this who was convicted later had the conviction overturned on appeal. research shows that at every key decision-making point following This was more than twice the rate of defendants being cleared of the initial laying of charges, there is a slight bias in favour of ethnic all charges against them than occurred among contested either minority defendants being acquitted or otherwise cleared. Not way cases in magistrates’ courts. Similarly, half of those whose only are they more frequently acquitted by magistrates, but they cases reached a jury verdict were found not guilty on all charges, are also more likely to have cases against them dropped by the four times greater than the acquittal rate following contested trials Crown Prosecution Service, and to be acquitted at Crown Court. before magistrates. Mhlanga’s research does not ask why there should be such an Overall, 24 of the 27 ethnic minority defendants who elected ethnic differential in case outcomes. However, this issue is Crown Court were either cleared of all charges (including one on addressed in another major Home Office study on the processing appeal) or were convicted on reduced charges following guilty pleas. Moreover, in most cases these successful outcomes for 1 B Mhlanga, Race and the Crown Prosecution Service. London, Stationery Office. 1999. defendants resulted from weaknesses in the original prosecution See also G Barclay and B Mhlanga, Ethnic differences in decisions on young defendants dealt with by the Crown Prosecution Service. Home Office Section 95 Findings No 1. 2000 evidence rather than any factors associated with delay. 2 C Phillips and D Brown, Entry into the criminal justice system: a survey of police arrests and their outcomes. London, Home Office Research Study No 185, 1998. A case study 3 L Bridges, S Choongh and M McConville, Ethnic Minority Defendants and the Right to Elect The point can be illustrated by one case where a black man was Jury Trial. London. Commission for Racial Equality, 2000.

The Runnymede Bulletin September 2000 15 stopped by police on suspicion of having likely to plead not guilty and to contest stolen the car. He claimed that the police what they regard as unfair charges were abusive toward him and immediately against them. telephoned to complain. He was And, as we have seen, this unfairness subsequently visited by the same officers in charging decisions is often confirmed who threatened him with arrest for by the criminal justice system itself, in dangerous driving. An altercation that ethnic minority defendants are occurred and riot officers were called in, more frequently acquitted or have the and he was eventually arrested and charges against them dropped or charged with dangerous driving, affray, reduced. But such results only occur possession of an offensive weapon and because defendants assert their rights – attempted grievous bodily harm. The to plead not guilty and often to elect latter two charges were subsequently Crown Court – thereby either dropped, but the defendant elected jury stimulating a more thorough review of trial on the others. the cases, or bringing their cases before The first trial at Crown Court had to juries who are less inclined to accept be abandoned when a black juror police evidence over that of defendants. complained to the judge that other jury The potential racial impact of the

members were making discriminatory Lee Bridges, Professor and Director of the Legal Government’s Bill is also clear. It will remarks about black people. Following a Research Institute, University of Warwick. lead to more defendants being convicted re-trial the defendant was acquitted on before magistrates, often on the same both the remaining charges. This defendant was clear about the charges as originally laid by the police. This will advantages of Crown Court over magistrates’ court: disproportionately impact on ethnic minority defendants, precisely because they are more likely to face arrest and serious …when you go over to a magistrates’ court, there is only charges which current research indicates are unjustified. In this one thing – you are guilty…at the Crown Court, you’ve way, the legislation will have the effect of depriving those from got a better chance because you’ve got 12 people and at the ethnic minorities of what many regard as an essential tool in magistrates’ court, you’ve got either one or three people to defending themselves against police racism and discriminatory decide. practices.

These views were widely echoed by other ethnic minority ‘…there is a no point in trying to defendants. They tended to see magistrates as potentially biased, fight racism through the criminal if not directly against them, then in favour of the police. These defendants recognised that there may also be bias among Crown justice process…’ Court judges and individual members of juries. However, they considered that any such bias was much more likely to be offset at The message that the Mode of Trial Bill sends out to ethnic the Crown Court, where decision-making is shared among a wider minorities is therefore a very dangerous one – that there is no group of people. point in trying to fight racism through the criminal justice process, as the Government intends to rig the system against this Sustaining racism in the criminal justice system by reducing the rights of defendants. In this respect, the The Government has sought to discount this new research, Government is acting in direct contradiction to the Stephen arguing that its sample size disqualifies it as a basis for overruling Lawrence Inquiry Report’s recommendation that: research by Dr Mhlanga …4 This is to ignore the fact that the CRE research actually confirms, rather than contradicts, …there is a striking and inescapable need to Mhlanga’s and other earlier studies. demonstrate fairness…across the criminal justice system as a whole, in order to generate trust and confidence within ‘…police decisions on arrest and minority ethnic communities…Just as justice needs to be charge are a major source of racial ‘seen to be done’ so fairness must be ‘seen to be demonstrated’ in order to generate trust. discrimination…’ It is to be hoped that the House of Lords sticks to its All point to the same conclusion – that police decisions on principles and – in the name of upholding the integrity of the arrest and charge are a major source of racial discrimination, criminal justice system and its confidence in the eyes of ethnic which then shapes the whole relationship between ethnic minority minority defendants – rejects this potentially damaging defendants and other parts of the criminal justice system. Because legislation. they are charged more often, and with more serious offences, ethnic minority defendants are more likely to elect Crown Court This is an abridged version of an article that appeared first as or be directed there by magistrates for trial. They are also more ‘Taking liberties’, pp. 6-8 of the July 2000 issue of Legal Action (the monthly journal of Legal Action Group, 242 Pentonville Road, 4 Minister of State for the Home Office, Charles Clarke MD, Official Report Standing Committee D, 6 June 2000, col. 122. London N1 9UN).

16 The Runnymede Bulletin September 2000 RACISM AND THE LAW Should Holocaust denial be punished as 'hate speech'? The problem of Holocaust denial drew world-wide media coverage in the recent libel case lost by David Irving in the High Court in London. But, argues Paul Iganski, little exposure has been given to the lengthy deliberations within Britain's Jewish communities about whether Holocaust denial should be outlawed.

n June, a leading think-tank on Jewish life, JPR/ Institute for acts of genocide and historical tragedies are forgotten and even Jewish Policy Research, delivered its own verdict in a report distorted? What about the slaughter of Armenian Christians by Iunder the heading Combating Holocaust denial through the law Ottoman Turks in 1915? Or the crimes of the African slave trade? in the United Kingdom. Written by a panel of legal experts chaired One correspondent to the Guardian posited that ‘Jewish by Anthony Julius, who served as counsel for the defence in the victimhood’ is used to justify ‘Israeli aggression and oppression’, Irving–Lipstadt trial, the report is based on some eighteen months thereby warranting as well a public commemoration of the exile of of research, written and oral inquiries, and testimony from the Palestinian people. And this is only the tip of the iceberg. If historians and survivors. The conclusion? That a Holocaust denial denial or distortion of the facts of these tragedies is not outlawed, law in Britain would be 'inadvisable'. Instead, the JPR panel the argument goes, supporters of a Holocaust denial law would recommends that consideration be given to amending current need to defend the selective use of law for some historical tragedies provisions against incitement to racial hatred. Alternatively, they but not others. recommend enacting a new law that would cover Holocaust denial Additional doubts as to the wisdom of enacting Holocaust under ‘hate-speech’ provisions more broadly. denial law stem from the glare of publicity surrounding recent In a meeting at the Home Office prior to publication of the high-profile cases. Once such legislation were to become law, it report, JPR made its recommendations to the Home Secretary would, per necessity, lead to highly publicised trials and Jack Straw and Race Relations Minister Mike O’Brien. Jack Straw widespread media coverage. One index of the likely scale of press welcomed the report and said he plans to look carefully at its coverage of a Holocaust denial trial in Britain can be seen by the recommendations. But before he does, wider scrutiny is in order. media focus on the Irving–Lipstadt trial. Holocaust deniers like To be sure, a law against Holocaust denial was the JPR law panel's David Irving crave publicity for their theories. Nor is this an primary focus. Yet its recommendations – centred on amending accident. According to Professor Lipstadt, attempts such as Britain’s ‘hate-speech’ provisions – raise fundamental questions Irving’s to recast the historical record are deliberately intended to about the possible erosion of civil rights and political freedoms. ‘plant seeds of doubt that will bear fruit in coming years, when As matters currently stand, the absence of a Holocaust denial there are no more survivors or eyewitnesses alive to attest to the law puts Britain against the trend of its European neighbours. truth’. If she is right, then the prosecution of a Holocaust denial Austria, Belgium, France, Germany, Spain and Switzerland all trial would automatically provide deniers a powerful vehicle for outlaw Holocaust denial. But holding to a European standard their claims – a vehicle denied them in the absence of such a legal does not provide a sufficient rationale for creating such legislation. recourse. There are also strong objective reasons for law to address the But perhaps the strongest argument against Holocaust denial unique harms inflicted by Holocaust denial. Distortion and legislation is the conflict it creates between its intent on the one misrepresentation of the historical facts of the Holocaust are both side to curb the assault to historical truth and the emotional insulting and offensive to the memory of those who perished, damage it does to survivors and their families, and on the other, those who survived as well as their descendants. In fact, criminal rights to freedom of expression. Holocaust deniers regularly law is frequently used to punish offenders on the basis of the exploit free speech by portraying themselves as its first victims. harms they inflict, emotional and otherwise. Irving pursued a similar angle when he sought to argue his case on To be sure, the question of Holocaust denial legislation is a the back of freedom of expression. To be sure, the JPR law panel complex one. It operates in a political, rather than purely legal, recognised this fundamental dilemma in its key objection to context. Its enactment would inevitably stimulate a welter of Holocaust denial law. Unfortunately, the problem with their competing political claims. As a case in point one need look no deliberations is not in their analysis, but in their solution. further than some of the reactions to the Home Secretary’s In recommending that Britain's ‘hate-speech’ law be amended announcement earlier this year declaring a National Holocaust the JPR panel not only contradicts itself on the issue of freedom of Memorial Day. Why, some pundits wanted to know, should the expression but, more critically, proposes a questionable intrusion integrity of the memory of the Holocaust be protected when other upon basic democratic freedoms.

The Runnymede Bulletin September 2000 17 Currently hate-speech is largely protected in Britain unless it is hierarchy of violence. As a result, Holocaust denial remains associated with public disorder or an underlying crime. Existing outside the scope of legal recourse because it is not usually provisions against ‘hate-speech’ – or ‘incitement to racial hatred’ as characterised by aggressive or profane expression. As recent events it is called by law – make it an offence for a person to publish or have shown, it is commonly couched in reasonable language and distribute written matter, or use words in any public place or frequently presented in an academic style. It would be a severe public meeting – provided they are threatening, abusive or distortion to allege, say, that some of the foremost works of insulting. Additional preconditions for prosecution are an intent Holocaust denial, such as the Leuchter Report, The Hoax of the to stir up racial hatred or, alternatively, the likelihood for hatred to Twentieth Century, or Did Six Million Really Die?, would provoke a be stirred up having regard to all the circumstances. Historically, violent response, even amongst those hurt and offended by the prosecutors have found the ‘incitement’ pre-requisites difficult to material. prove. As a result, in an effort to find stronger means to combat If the JPR law panel’s recommendations were to be adopted, Holocaust denial, the JPR panel, while adhering to its arguments however, with the result that offensive and hurtful words become against special legislation to combat it, has sought a ‘third way’. illegal even though they do not threaten disorder, the results will They propose removing the ‘threatening, abusive and insulting’ arguably be a contravention of Britain’s long history of upholding prerequisite as a condition for prosecution – words which the JPR the principle of free speech. To outlaw Holocaust denial on the jurists see as inhibiting the process of bringing Holocaust deniers grounds that many people find it abusive, insulting, and even to judgement. threatening, would in effect legitimise a so-called ‘heckler's veto’ This proposal, however, would arguably have radical or even ‘mob rule’, by giving opponents – including those with consequences. The words ‘threatening, abusive and insulting’ are views even more offensive than Holocaust denial – the power to there for good reason. They reflect a concern, reiterated by inhibit speech. government each time the incitement provisions have been In such circumstances, persons would be prosecuted for speech reviewed, to protect freedom of expression unless disorder is that would otherwise be lawful but for the intervention of their threatened. opponents. Even worse, it concedes the general principle for the This was made clear in Parliamentary discussion of the failed State to outlaw words, and the sentiments behind them, that it Holocaust Denial Bill introduced by Mike Gapes MP in 1997. deems offensive. The hurt inflicted by Holocaust denial may very The then Home Office Minister responsible for race relations, well provide a strong case for its prosecution. But that case should Timothy Kirkhope, observed that ‘Parliament concluded that the be argued openly. It should not be used in a way that can open the freedom to express minority views should be preserved – however door to a broader erosion of civil rights. repugnant those views may be – except when public order and safety are threatened’. Paul Iganski PhD, is Lecturer in Sociology and Criminology at the In the same spirit prosecutors have interpreted the words University of Essex and Civil Society Fellow at the London-based ‘threatening, abusive and insulting’ – the same words the JPR Law think-tank, JPR/ Institute for Jewish Policy Research. The report can Panel wants removed from public order law – as representing a be found on the website, www.jpr.org.uk

INTERNATIONAL LAW, GOVERNMENT AND NGOs Praise and Concern at the UN At the 57th Session of the Committee on the Elimination of Racial Discrimination, the 15th Report of the United Kingdom of Great Britain and Northern Ireland and its Overseas Territories was considered at meetings 1420 and 1421. Michael Banton, who was a rapporteur at those meetings, puts the proceedings in context.

n 1965 the UN General Assembly thought that racial Before the meeting started some members of the Committee discrimination could be speedily eliminated by ending on the Elimination of Racial Discrimination (CERD) met with Icolonialism and making the dissemination of ideas of racial representatives of 30 non-governmental organisations (NGOs). superiority a criminal offence. It therefore adopted the They had prepared their own commentary on the government's International Convention on the Elimination of All Forms of report and wanted Committee members to press the official Racial Discrimination, a treaty to which 156 states are now delegation on the government's plans for a new Police parties. The 15th report of the UK, submitted in fulfilment of Complaints Authority, on the disproportionate exclusion from obligations under that treaty, showed how much more school of young African-Caribbean boys, on the planned complicated the task was. So said Mr Aga Shahi, a former arrangements for dealing with asylum-seekers, and on the foreign minister of Pakistan, when he opened the discussion of possible restriction of access to justice. that report at the Palais des Nations on 14 August. In his view The government's report was presented to the Committee by the Home Secretary was justified in claiming that the UK had Sara Marshall, head of the Race Equality Unit at the Home made considerable strides towards a successful multi-racial Office. She welcomed the contribution of the NGOs, adding society. It was notable that while so much had been done, so that the UK had argued for their participation in the Euro much still remained. conference being convened in Strasbourg on 11–13 October.

18 The Runnymede Bulletin September 2000 She updated some of the figures in the report and drew attention European NGOs meet to consider EU developments they to plans to lay on public authorities a duty to promote race equality. should not forget what can be done via the UN. Mr Aga Shahi queried the exclusions from the scope of the Stimulated in part by the UN, many governments are now Race Relations Act as amended, especially that relating to establishing independent human rights commissions, though decisions about immigration. He took note of NGO criticisms some of those which are said to be independent are nevertheless that different government departments did not always co- dependent upon government funding and have therefore to ordinate well. The 10 other members that also spoke queried tread delicately. Some of them comment on their government's certain aspects of arrangements for dealing with applications submissions to the UN; others do not. Distinct from human for asylum. Mr Bossuyt (Belgium) maintained that some of the rights commissions, the Netherlands, Denmark and Norway difficulties might reflect the absence of a policy for have established more specialised bodies which can be immigration and the weak response to public stereotyping of compared with the CRE. How should they relate to the CERD? asylum-seekers. The adequacy of measures for dealing with Readers of CERD's concluding observations on the recent racial attacks, deaths in custody, institutional racism in the report of Sweden will notice the sentence: ‘Some members of police were questioned, but there was praise for other matters, the Committee welcome the State party's efforts to include like the information from surveys about white racial attitudes. NGOs in the preparation of its thirteenth and fourteenth In reply, Ms Marshall declared that ‘we think we are periodic reports and generally in the reporting process.’Why developing the most robust law that exists anywhere’. Mr Steel only some members? The answer is that governments have to of the Foreign and Commonwealth Office explained that in fulfil treaty obligations; nothing should be done which might dealing with emergencies, like the reception of refugees from make other bodies appear to be responsible, even in part, for Kosovo, it was sometimes necessary to provide for persons of a discharging a state obligation. On one occasion a particular national origin, hence the carefully controlled Commonwealth minister heading the delegation of Australia exception of immigration decisions from the scope of the new included in the delegation the Aboriginal and Torres Strait Act. This did not satisfy Mr Aboul-Nasr (Egypt) who insisted Islanders' Social Justice Commissioner and permitted him to that humanitarian exceptions were understood. The UK express an independent view. Would it be a good idea for the government considered that the banning of racist political UK delegation to include the chair of the CRE? Might it not parties would, in present circumstances, be counter-productive, confuse the line of responsibility? CERD members have to though Mr Reshetov (Russia) objected (strangely) that report on whether governments are fulfilling their obligations international measures cannot be interpreted in isolation. No under international law and they have too little time, or, indeed, UK NGO has ever asked for the banning of the BNP. Maybe background knowledge, to go into the detail of policy issues. next time the NGOs should explain to Committee members their views about this? For details of the UK report, CERD's observations on it, and The following week the Committee adopted its ‘concluding for the Summary Record of the discussion, visit the Website observations’ on the report. They welcomed a long list of new and look under . For further measures, including the use of ethnic monitoring in background on minorities and international conventions see employment and the criminal justice system (which the Michael Banton's International Report no. 26 in Journal of Committee plans to include in its list of ‘best practices’ in its Ethnic and Migration Studies Volume 26(3): 543Ð52, 2000, and report to the 2001 World Conference); at the same time they earlier reports in the same journal. expressed concern that the legislation was not fully comprehensive in scope, that racist attacks and harassment were continuing, that some deaths in police and prison custody Further observations on the CERD process had not led to prosecution, that the dispersal of asylum-seekers might impinge upon their rights, that there is racist harassment 1. From a Runnymede perspective: and bullying in schools, and that insufficient information had been supplied about the settled Roma population. It or the United Kingdom of Great Britain and Northern recommended further measures of ‘positive action’. Ireland's 15th periodic report on the legislative, judicial, Fadministrative and other steps taken to eliminate all Postscript on CERD forms of racial discrimination during the period ending 31 Since the ending of the Cold War CERD has become a more March 1999, the UK government’s delegation was led by Sara effective monitor of the fulfilment of state obligations under the Marshall, Head of the Home Office’s Race Equality Unit. Convention. NGOs in the UK, the Netherlands, Denmark and NGOs also participated in the UN CERD forum, led by Liberty Norway have organised themselves to present additional, and and the 1990 Trust. The following NGOs were represented by more critical, information and opinions about both those delegates: Birmingham Racial Attacks Monitoring Unit aspects of immigration policy which come under the (BRAMU); Black Employment Initiative; Joint Council for the Convention and about their governments' actions to protect the Welfare of Immigrants; Muslim Council for Britain; National rights of settled members of ethnic minorities. NGOs in other Association for the Care and Resettlement of Offenders countries are still some way behind. When the report of France (NACRO); Newham Monitoring Project; Northern Ireland was considered last March NGOs commented on immigration Council for Ethnic Minorities; the Runnymede Trust; and policy but were silent about discrimination affecting settled United Friends and Families Campaign persons. It will probably be the same when the report of Participation by UK NGOs at the CERD deliberations is of Germany is considered at the Committee's next session. When relatively recent vintage, beginning in the second half of the

The Runnymede Bulletin September 2000 19 1990s with the 13th Report stage. As yet the process of 2. From a UK Government perspective: consultation is somewhat uncodified, and full understanding of what happens in the CERD forum itself, and the constraints So how was it in the ‘hot seat’? It was a stimulating, demanding faced by the parties involved, is not widespread. and surprisingly enjoyable dialogue with the committee. It was Prior to assembling in Geneva, both government and NGOs an eye-opener into how rigorously the Committee approach had prepared reports. The report from Government is a their obligations under international law: the discussion of combination of follow-up and response to the different perspectives on article 4 between our own treaty recommendations of the previous session, at which the 14th expert Henry Steel and several committee members was Report had been presented and debated, a summary of sparkling stuff. government initiatives and legislation (enacted and The UK has the best record on submitting reports to CERD. forthcoming) brought into being in the meantime, and a Surprisingly, the United States for example only ratified the strategic look at what is in prospect for the period before the treaty a few years ago and has still to submit a report. next Report falls due. It is a fair process but not very efficient. Our 15th report was The NGOs' report, compiled in this instance by Liberty and submitted over a year ago. We consulted about 40 NGOs about the 1990 Trust, aimed to ‘provide a more complete picture of what should be covered. A lot has happened since. But there is how racism affects different communities in the UK’ and ‘assist no easy way to update the Committee until the day itself. So we the [CERD] committee in its evaluation of the Government's took packages of information and publications from 23 report …’ (Liberty & 1990 Trust 2000:1). This particular report departments in all. focused on six key areas with a list of recommendations to Before our hearing the Committee had met separately with concentrate the attention of the 18 UN delegates to the CERD, representatives of some NGOs who had submitted their own as everyone has limited time within which to absorb a lot of report. We received the publication on the last working day information. before the hearing. It was robustly critical of government, For the NGOs, consultation with the CERD was mediated without any balanced recognition of progress made and change via two sessions. The first consultation was with the rapporteur under way, and surprisingly silent on the contribution of some responsible for taking the lead in questioning the UK delegation NGOs, for example on the stakeholders' group for the new in full committee. The second took place in full committee asylum arrangements. session itself, with a majority of the UN delegates in The hearing opens with a statement from the ‘state party’: attendance, plus the visiting representatives of the UK we majored on mainstreaming and the Race Relations Bill government and of the NGOs themselves. before Parliament; on immigration and asylum developments NGO presentations in both sessions focused on what the and on progress on policing and race since the Stephen delegation deemed to be issues of pressing concern (deaths in Lawrence Report, including looking at how growing police custody; school exclusions; the treatment of asylum confidence among minority ethnic communities and less seekers; and access to legal services and advice services) as all tolerance of racist crime may be contributing to increases in four areas are seen to disproportionately affect black and reported racist crime. minority ethnic communities in the UK. The presentation to Mr Shahi – our country ‘rapporteur’ – analysed the UK full committee consisted of a series of testimonials from picture and, along with colleagues, politely fired questions at us Brenda Weinberg of the United Families and Friends for 2 to 3 hours over the rest of the morning and early part of the Campaign; Maxi Hayles of the Birmingham Racial Attacks afternoon. We had the lunch break to get our act together for our Unit; Mohammed Ali of the Joint Council for the Welfare of response. A quick-thinking, well-informed team and excellent Immigrants; and Yasin Patel of the Newham Monitoring Unit. briefing meant we were able to deal with as many of the The UN delegates were moved by the points made, and questions as time allowed. They ranged across all aspects of expressed their concern in the discussion that ensued and in the how current laws operate, how government works on these statement of findings published by the Committee on 22 August. issues, and what developments lie ahead. The government's presentation was a comprehensive The hearing concluded with gracious remarks from the account of the diverse and innovative ways in which it has chairman about a ‘frank, fruitful, constructive and productive’ tackled and will continue to oppose racial discrimination. Sara discussion. The outcome? Observations which reflect the very Marshall spoke, for example, of how the Action Plan detailing high expectations CERD has of the UK compared with many the 70 recommendations of the Stephen Lawrence Inquiry will other ‘state parties’. be implemented; how the Race Relations Amendment Bill has What happens next? We respond to the Committee in a short strengthened public bodies' duty to prevent and address racism, report specifically addressing these points by Spring 2001. And and how the government has set targets for the representation of in 2003 we compile and submit another full report. ethnic minorities in public organisations. These moves were Where do we sit in the international spectrum of regimes for welcomed by the UN delegates, with the caveat that these areas, tackling race discrimination? We believe the UK has much to among others, needed to be addressed in greater detail (see also be proud of as well as continuing challenges to face. But – Michael Banton's account). perhaps surprisingly – the UN itself makes no comparisons For those in the NGO delegation it was heartening to see between member states so there is no ‘benchmark’. some of the points and recommendations – on post-Lawrence policing, deaths in police custody, and school exclusions – Sara Marshall, being taken up in the concluding observations as these will be Head of the Race Equality Unit, revisited in the 16th Report. Home Office

20 The Runnymede Bulletin September 2000 RELIGIOUS AND SOCIAL DISCRIMINATION

Council of Europe policy recommendation no. 5 Combating intolerance and discrimination against Muslims ECRI (the European Commission against Racism and Intolerance) is a body of the Council of Europe whose work includes the formulation of general policy recommendations addressed to all member States. What follows is the text of a general recommendation on combating intolerance and discrimination against Muslims which ECRI has just published. Concerned principally with the position of Muslim minorities in Europe, it takes the form of a series of recommendations directed in very general terms to national governments. Michael Head, (Vice-Chair and UK member of ECRI) who has provided the following commentary as well as the final text, writes:

ECRI’s core work is to produce reports on the situation in international consensus on this issue and to provide some individual countries as regards manifestations of racism, objective validation for Governments minded to adopt its xenophobia and intolerance. From time to time, however, we recommendations. Inevitably, there are problems in agreeing a also frame General Recommendations addressed to the document that is seen to be relevant to the whole of Europe and Governments of all member countries of the Council of Europe acceptable to 41 different political cultures. For this reason, it on issues that seem to us to be of universal importance. Over cannot be too prescriptive nor too detailed. Above all, it has to the last few years, we have grown increasingly aware of the be sufficiently flexible to be capable of adaptation to differing vulnerability of Muslim communities throughout Europe to national circumstances. So it may well be that the document discrimination and hostility based as much on religious as does not represent every aspect of the UK’s current political ethnic grounds. The situation seemed to us sufficiently agenda; but it does reflect the level of concern that is generally widespread and urgent to merit a recommendation specifically felt here, and it reinforces particular priorities, especially the on combating discrimination and intolerance against Muslims current absence from UK law of protection against instances of and directed not just at individual Governments but also at specifically religious discrimination. Governments in general. With all these qualifications, ECRI hopes it has produced We spent a good deal of time last year framing and something that will maintain the impetus of international debate consulting on this recommendation. The resultant draft was and provide a lever to enable NGOs in individual countries to finally shown to the Council of Europe’s Committee of Ministers press for action from their Governments. I am very grateful for earlier this year. It has now been published and the full text is the comments I have received during the drafting process from reproduced below. my UK contacts and to the Runnymede Trust for giving this The objective is to strengthen and confirm an increasing document a UK airing. I hope it will be proved useful.

The Final Text reads as follows: • The European Commission against Racism and Intolerance: Recalling the Declaration adopted by the Heads of State and Government of the member States of the Council of Europe at their first Summit held in Vienna on 8-9 October 1993; Recalling that the Plan of Action on combating racism, xenophobia, antisemitism and intolerance set out as part of this Declaration invited the Committee of Ministers to establish the European Commission against Racism and Intolerance with a mandate, inter alia, to formulate general policy recommendations to member States; Recalling also the Final Declaration and Action Plan adopted by the Heads of State and Government of the member States of the Council of Europe at their second Summit held in Strasbourg on 10-11 October 1997; Stressing that this Final Declaration confirms that the goal of the member States of the council of Europe is to build a freer, more tolerant and just European society and that it calls for the intensification of the fight against racism, xenophobia, antisemitism and intolerance; Recalling that Article 9 of the European Convention on Human Rights protects the right to freedom of thought, conscience and religion; Recalling also the principle of non-discrimination embodied in Article 14 of the European Convention on Human Rights Bearing in mind the proposals contained in Recommendation No. 1162 on the contribution of the Islamic civilisation to European culture adopted by the Parliamentary Assembly on 19 September 1991; Taking note of the conclusions of the Seminar on religion and the integration of immigrants organised by the European Committee on Migration in Strasbourg on 24-26 November 1998; Stressing that institutional arrangements governing relations between the State and religion vary greatly between member States of the Council of Europe;

The Runnymede Bulletin September 2000 21 Convinced that the peaceful co-existence of religions in a pluralistic society is founded upon respect for equality and for non- discrimination between religions in a democratic state with a clear separation between the laws of the State and religious precepts; Recalling that Judaism, Christianity and Islam have mutually influenced each other and influenced European civilisation for centuries and recalling in this context Islam's positive contribution to the continuing development of European societies of which it is an integral part; Concerned at signs that religious intolerance towards Islam and Muslim communities is increasing in countries where this religion is not observed by the majority of the population; Strongly regretting that Islam is sometimes portrayed inaccurately on the basis of hostile stereotyping the effect of which is to make this religion seem a threat; Rejecting all deterministic views of Islam and recognising the great diversity intrinsic in the practice of this religion; Firmly convinced of the need to combat the prejudice suffered by Muslim communities and stressing that this prejudice may manifest itself in different guises, in particular through negative general attitudes but also, to varying degrees, through discriminatory acts and through violence and harassment; Recalling that, notwithstanding the signs of religious intolerance referred to above, one of the characteristics of present-day Europe is a trend towards a diversity of beliefs within pluralistic societies; Rejecting all manifestations of religious extremism; Emphasising that the principle of a multi-faith and multicultural society goes hand in hand with the willingness of religions to coexist within the context of the society of which they form part;

• recommends that the governments of member States, where Muslim communities are settled and live in a minority situation in their countries:

(1) ensure that Muslim communities are not discriminated against as to the circumstances in which they organise and practise their religion; (2) impose, in accordance with the national context, appropriate sanctions in cases of discrimination on grounds of religion; (3) take the necessary measures to ensure that the freedom of religious practice is fully guaranteed; in this context particular attention should be directed towards removing unnecessary legal or administrative obstacles to both the construction of sufficient numbers of appropriate places of worship for the practice of Islam and to its funeral rites; (4) ensure that public institutions are made aware of the need to make provision in their everyday practice for legitimate cultural and other requirements arising from the multi-faith nature of society; (5) ascertain whether discrimination on religious grounds is practised in connection with access to citizenship and, if so, take the necessary measures to put an end to it; (6) take the necessary measures to eliminate any manifestation of discrimination on grounds of religious belief in access to education; (7) take measures, including legislation if necessary, to combat religious discrimination in access to employment and at the workplace; (8) encourage employers to devise and implement ‘codes of conduct’ in order to combat religious discrimination in access to employment and at the workplace, and, where appropriate, to work towards the goal of workplaces representative of the diversity of the society in question; (9) assess whether members of Muslim communities suffer from discrimination connected with social exclusion and, if so, take all necessary steps to combat these phenomena; (10) pay particular attention to the situation of Muslim women, who may suffer both from discrimination against women in general and from discrimination against Muslims; (11) ensure that curricula in schools and higher education – especially in the field of history teaching – do not present distorted interpretations of religious and cultural history and do not base their portrayal of Islam on perceptions of hostility and menace; (12) ensure that religious instruction in schools respects cultural pluralism and make provision for teacher training to this effect; (13) exchange views with local Muslim communities about ways to facilitate their selection and training of Imams with knowledge of, and if possible experience in, the society in which they work; (14) support voluntary dialogue at the local and national level which will raise awareness among the population of those areas where particular care is needed to avoid social and cultural conflict; (15) encourage debate within the media and advertising professions on the image which they convey of Islam and Muslim communities and on their responsibility in this respect to avoid perpetuating prejudice and biased information; (16) provide for the monitoring and evaluation of the effectiveness of all measures taken for the purpose of combating intolerance and discrimination against Muslims.

The ECRI Secretariat can be contacted at the Directorate of Human Rights, Council of Europe, F-67075 Strasbourg Cedex. Its Secretary is Isli Gachet.

22 The Runnymede Bulletin September 2000 EDUCATION

he heart that seeks to gerrymander Educational Advocacy school boundaries to protect white Tmiddle-class students from poor minority pupils beats in Paris as it does in Crossing the Atlantic Denver. The instinct to exclude students with different cultures or lifestyles rather Patterns of educational discrimination against immigrants and minorities than restructure ethnocentric attitudes is found in Dallas as in Manchester. The respect no borders. Introduced by Linda Appiah, RunnymedeÕs confounding of language skills or Education Policy Officer, Peter Roos of META (Multicultural Education, cultural differences with educational ability occurs in San Francisco just as it Training and Advocacy, Inc.) writes about educational advocacy in the does in the Czech Republic. US and its relevance to Europe Ð and vice versa. Educational advocacy that melds advocates, lawyers, and academics has a long history in the US. Recent ‘Race’, Education and Advocacy demographic and legal changes in Europe and the UK suggest that a similar istorically, American They recently aided counsel coalition might well be useful here in citizens have used the representing Roma pupils in the addressing educational barriers Hcourts to ensure that Czech Republic, and in this past confronting recent immigrants and minority ethnic pupils receive year participated in a forum in The second/third generation minorities. Thus equal educational opportunities. Hague concerned with linguistic I describe the elements of educational Although this practice is not discrimination in various countries advocacy in the US, issues that have widespread in Britain, with the around the world. been and are being addressed, and finally Working Group Against Racism in Having done comparative work briefly review legal changes that make Children’s Resources (WGARCR) on the issues that face minority more viable a legal dimension to having successfully overturned a ethnic pupils in America and advocacy in the UK. decision on permanent exclusion Europe,1 Peter wanted to gather through the courts, we felt that the anecdotal and researched evidence The US Model of Educational time was right to explore the use of to explore the case for advocacy Advocacy litigation and advocacy in relation work in Europe. Through the The United States has an almost to exclusions and other educational dialogue that ensued with unparalleled history of educational matters. participants at the seminar Peter discrimination against minorities and On Wednesday 25 May 2000 the felt that there was a need for immigrants. Boston brahmins Runnymede Trust held a seminar at advocacy work in Britain, with discriminated against poor Irish which we were fortunate to be particular regard to the issue of immigrants, who in turn discriminated addressed, as our keynote speaker, exclusions. He envisages a kind of against African-Americans. Mexican by Peter Roos, Co-Director of advocacy that will draw on the immigrants and African-Americans early META (Multicultural Education, work of researchers, lawyers, on were denied schooling, and then were Training and Advocacy). His schoolteachers, parents, advocacy granted inferior segregated schooling. consultancy firm has a long- groups and interested parties in Classification of minorities as standing record of successfully raising the issues of educational intellectually inferior led to placements using the courts in the United concern, putting a case together for in programs for the retarded. The racist States of America to address the the courts and and ethnocentric attitudes of white educational rights of minority implementing/monitoring the Americans, often transported from ethnic pupils. For example, decisions taken by the courts. Europe, wreaked educational META’s attorneys have won cases Here he spells out his case for discrimination on disfavoured in the US Supreme Court such an outward-looking immigrants and the sons of slaves. establishing the rights of organisation in an essay that The Civil Rights movement of the undocumented alien children to increases understanding of how 20th century targeted educational access state schools and the right of and why litigation is used in discrimination as a core barrier that all children to an evidentiary America for minority ethnic pupils needed to be attacked. A model of hearing before being removed from and why this practice can and advocacy which centred on the removal school for allegedly improper should be extended to Europe. of educational segregation evolved from behaviour. In the past few years LA these early battles. This model, generally

META has been involved with 1 Use of the word Europe, in this introduction and unarticulated, continues to guide several international initiatives. throughout the article itself, includes Britain also. educational advocacy in the US. First, while there is an important role

The Runnymede Bulletin September 2000 23 for individual pupil representation, the methodology. I also touch upon schools often have the pick of teachers. model envisions attacks on institutional ‘findings’ from a recent trip to the UK Disproportionately, teachers with limited practices that burden large numbers of and mainland Europe which suggest the certification or experience serve low- minority pupils. For example, repeated existence of similar conditions in many income students – the students most evidence of discrimination in expulsions European countries. In the next section I dependent on a solid school system. might be met by an effort to establish the will touch upon the cutting-edge A third variation, less susceptible to legal principal that procedural safeguards initiatives in the US which seek to attack, occurs where parents voluntarily be established for all expulsion address some problems evolving in contribute significant sums to schools proceedings, in the belief that much Europe. attended by their children. This, of racial discrimination would be screened course, gives a competitive advantage to out by such procedures. (a) Segregation their children. The concept of a proactive attack on As touched on above, the fight to institutionalised practices requires a overcome racial ethnic segregation in (c) Language discrimination process for identifying the malignant schools has been a long one – and one Until 1975, American schools had no practices and their susceptibility to which has met with mixed success. obligation to adapt their programs for attack. A first step is consultation with Importantly for those looking at this immigrant pupils whose English was the victims and their representatives. It issue from a European perspective, the limited. A unanimous Supreme Court hardly makes sense to go into battle battle has gone well beyond the de jure ruled that schools had to develop unless the intended beneficiaries believe (officially sanctioned) segregation once specialized programs for these children. the issue is worth fighting for. Viewed prevalent in the South. In the North and Subsequent litigation and legislative alternatively, lack of support will quickly West of the United States, courts have advocacy added meat to the mandate. be used by the other camp to undermine struck down segregation that was the Schools have an obligation to identify all the necessary moral force of a civil rights result of gerrymandered school children in need, provide them with an initiative. boundaries, freedom-of-choice transfers, adequate program to learn academic Issue identification goes beyond client school placement, and the like. Courts English, take reasonable steps to ensure or victim consultation. It must include have also looked at segregation allegedly that they do not fall down in substantive confirmation of the breadth of the done for an educational purpose, e.g. courses while learning English, and exit problem through consultation with language programming that segregated the pupil only upon evidence that he/she sympathetic school officials, academics well beyond the professed need. can succeed in an English-only and, often-times, statisticians. Finally, On my recent trip, informed persons classroom. Adequate resources must be one must make a hardheaded assessment in several countries indicated that provided to the program including to determine which venue is likely to be variations of these latter practices could specially trained teachers. most sympathetic to your attack, e.g. be found in communities that wished to It should be noted that limited English courts, legislative bodies, administrative protect native Europeans from having to proficiency – not parental wishes – is bodies. share schools with significant numbers what triggers a program. It also should be The third key element of the approach of immigrants or minorities. noted that while transitional bilingual is heavy reliance on legal resources. programs are a legally acceptable Institutional change litigation assumes (b) Unequal allocation of resources approach for addressing these needs, the that discriminatory practices were In the United States there have been courts have yet to rule that they are the created and maintained to protect several variations of this issue, but the only acceptable approach. perceived interests of the dominant best-known battles may have little My European research suggests that group. Such practices are not easily relevance to most European systems that many immigrant children get foresworn. Coercion is needed. Legal are more unitary than what is found in substantially less than the US minimum. tools provide such coercion. the US. Specifically, local educational (It must be noted that many US pupils do Finally, as is implied above, virtually agencies within states have historically also – until there is an enforcement all efforts must be multidisciplinary. The been responsible for much of their own action.) As with the other initiatives, paradigm of the model, the fight to end school funding. Thus neighbouring substantial research serves as a school segregation, utilised lawyers LEAs may have significant differences in foundation for defining these minima armed with general and specific research per-pupil spending – with richer and providing the advocates with showing the multiple harms that flow communities typically spending more remedies. from enforced segregation. While than poorer ones. academic research is never without its A second variation suggested as a (d) Exclusion critics, research that is solid in its genre problem in certain European locations is Statistics tell us that minority pupils, and supports commonsense propositions the mis-allocation of key educational particularly boys, are disproportionately is invaluable. resources. Students in overcrowded subject to disciplinary exclusion. immigrant communities go to schools Research in both the US and UK How Issues Relate to European which are oversized and overcrowded, suggests that exclusion is often based Conditions both conditions which research suggests upon such offences as ‘defiance of In this section I review issues that have are educationally counterproductive. It is authority’ – an ambiguous term that been addressed in the US using the also the case that middle-class white almost certainly incorporates a level of

24 The Runnymede Bulletin September 2000 misunderstanding between a white- its achievement is high-stakes testing. almost equal resonance is the cry for dominant school system and minority Thus pupils who do not meet certain ‘competition’. The notion here is that pupils. levels of achievement on standardised publicly funded schools have a In the US there have been major tests at certain grades are forced to repeat monopoly position in serving all but that legal/policy attacks on the fringes of the the grade. Further, while a graduate handful of pupils who can afford private problem. As discussed earlier, procedural certificate at the end of secondary schooling. safeguards have been mandated. While schooling has historically gone to all It is argued that the monopoly position short-term suspensions require a modest pupils who have received passing grades creates a lethargy which is at the core of level of protection, a long-term expulsion in key subjects, increasingly they must school failure. The most zealous must be accompanied by a hearing in also pass a standardised test. Thirdly, competition advocates would give which accusers can be confronted. schools are often graded on how pupils ‘vouchers’ to pupils with a value Several cases have directly confronted do on these tests – with failure triggering equivalent to the per-pupil cost of the racial disparity problem. While there a school shakeup, and success often educating students in a public school. have been rulings that statistical triggering financial rewards for the These vouchers would then go to pay for disparities reflect institutional racism, the school and/or its teachers. competitive private schools. It is argued remedies have usually been To the lay eye, these all seem like that this competition for pupils would unsatisfactory, e.g. limited cultural reasonable responses to a serious compel public schools to reform or go sensitivity training. problem. On closer inspection, it out of business. becomes clear that without addressing A more modest approach, which has (e) Misclassification certain nuances, the ‘solutions’ may been endorsed by some liberals, in part to Immigrant and minority pupils are make matters worse for immigrant and undercut the popularity of vouchers, has disproportionately placed in programs low-income pupils. been the adoption of ‘charter schools’. for the retarded and streamed into First is the old problem of utilising These schools are freed from most public vocational and dead-end tracks. English-language examinations for regulations but are still technically public Major initiatives in the 1970s surfaced purposes that are not directly on point. If schools. Usually enrolment is open to all- the fact that limited English proficiency one is committed to grade retention for comers and there is a nominal prohibition was being confounded with limited failure to make reasonable progress, it against discrimination on the basis of intelligence. Thus, low scores on English makes little sense to retain a limited- race or ethnicity. Headmasters and tests were being used by school officials English proficient pupil for failure to teachers are usually chosen by the to track immigrant pupils into classes for have reached a level set for native sponsors of the charter school rather than the retarded. As the academic research speakers. It’s preferable to measure by the LEA, which is often constrained reflected that this doomed the life- expected progress in closing the gap with by union contracts. choices of these students, authorities native speakers and learning other The concerns about each of these were forced to use more valid subjects. Misuse of tests to retain is a efforts to ‘privatise’ public schools are instruments in assessment. serious business, as substantial research similar. It is suspected that private There were similar initiatives on suggests that grade retention has the high schools in the voucher approach and behalf of non-immigrant African- potential of pushing pupils out of school. charter schools will tend to skim off most American pupils. Where Secondly, it is critical that tests middle-class students left in high- disproportionate placement into low measure what the pupil was in fact poverty schools. This would further streams or tracks could not be backed up taught. Standardised tests may well not segregate minority and immigrant pupils with psychometrically sound instruments mirror the curriculum delivered in a and would undercut middle-class support normed on African-American high-poverty, high-minority school. To for their improvement. There is concern populations, they were subject to attack. deny grade promotion or a diploma to about how one oversees anti- one who has done what was asked of her discrimination provisions in laws Current Educational violates basic principles of fair play and creating these schools – we poorly ‘Reform’ Initiatives justice. oversee the public schools we now have. The US is in the middle of a school Thirdly, resources must meet adequate There is concern too about charlatans reform frenzy. The good news is that and equal standards in all schools before opening up inadequately resourced finally all levels of government one can make judgements, particularly schools in inner-city areas. On the other recognize that unless education improves comparative judgements, about pupils hand, one can see attractions in some – especially for minority pupils who one and school productivity. If a charter possibilities that allow minority day may be the majority – the American predominantly minority/immigrant parents to set up schools free of the sense economic and political system is in school has high percentages of of failure and/or racism that pervade jeopardy. The downside is that real inexperienced or undertrained teachers, many minority schools. change has major costs. The result is that education-inhibiting overcrowding, Another angle worth mentioning on superficially appealing remedies are inadequate materials, etc., it defies sense ‘reform’ is that which is being adopted which have the potential for to punish the pupils or schools for failure undertaken by minority community doing more harm than good. to achieve as another school might. advocates. Litigation is ongoing to A rallying cry for education reform is While ‘accountability’ is one mantra secure, not equal but ‘adequate’ schools. ‘accountability’; the primary vehicle for of current school reform in the US, of Most of the efforts in the past have

The Runnymede Bulletin September 2000 25 focused on inequalities suffered by high- A word should also be said about will mushroom into increased unlawful percentage immigrant/minority schools. Article 13 of the Treaty of Amsterdam. immigration. US experience also This approach tries to meld statistics This recent provision outlaws national suggests that what often begins as worker showing educational outcomes that leave origin and racial discrimination. While immigration becomes family minority pupils unable to compete in the cases cannot be brought directly by immigration. This leads to the backlash 21st century with inputs, e.g. resources, individuals under this, its existence may now increasing in Europe. That backlash that are inadequate to overcome the well embolden courts to grant remedies almost certainly is being and will effects of poverty, language problems, under Article 14 and other laws. increasingly be reflected in schools. It is etc. Several cases have been won in Frankly, the marriage of community thus timely to think about expanding Southern states, and the effort is now activists, academics and lawyers need cross-border, cross-disciplinary, targeted moving north. not, and should not, be primarily targeted educational advocacy on behalf of on litigation. The joint expertise, minorities and immigrants. Failure to do When to Borrow harnessed in pursuit of equal and so will embed discriminatory practices from the US Model adequate educational opportunity, can be and policies, and will have multi- While an Honorary Associate at the directed to legislative tribunals, generational effects to the detriment of University of London in 1982, I wrote a administrative agencies, and to public the victims and the European society in monograph that reflects many of the education campaigns. which they will live. ideas in this article. In conclusion, I suggested that failure to use the legal tool Conclusion Peter D. Roos is Co-Director of as part of the advocate's arsenal was an The face of Europe generally, and of the META, a national non-profit error committed in the UK. I cited some UK in particular, has changed organisation, established in 1983 to English law that suggested that more dramatically over the past several advocate for equal educational could be done with law than was decades. Immigrants are arriving in opportunity for low-income, immigrant commonly supposed. unprecedented numbers, and there is no and language minority children, with A rejoinder was written by Margaretta reason to believe this phenomenon will offices in San Francisco, CA, Somerville, Rendel, an attorney at the university. She end. US experience suggests strongly MA and St Cloud, FL. Contact by email argued that the lack of a Constitution and that what began as lawful immigration at: [email protected] of ‘class actions’ were inhibiting factors. If there was some truth to her points in 1982, they carry less weight as we move AGE CONCERN into the 21st century. First, while still cumbersome, the machinery to enforce Playing Our Part after 50 Do They Care About Us? the European Convention on Human 'I am busier now after retiring than I ever was in work' Westminster Race Equality Council have issued a Rights has recently been streamlined. - elder in the film. ‘Report on the Care, Support and Housing Needs of The Convention contains a provision Playing Our Part after 50 is a film on the Older People from Arab, Bangladeshi and Chinese (Article 14) that mirrors the US contribution of black and minority ethnic elders Communities’ in the borough. Titled Do They Care produced by Joel Kibazo for PRIAE. The film About Us?, and based on extensive interviews, this constitutional mandate for ‘equal conference being held at BAFTA, where this film is report tracks the basic lack of information regarding protection’ – the primary vehicle of launched on 23 October, supports a key initiative on the size and composition of the elderly population redress in the cases above-cited. It also active participation and volunteering in old age. from black and minority ethnic communities in includes a right-to-education provision The project originated from PRIAE's concern that Westminster. Elders themselves lack knowledge (Protocol 1, Article 2) that is useful on its black and minority ethnic elders have been 'frozen' about providers, and they under-use services, except into a concept of 'care needs' to the near exclusion of for those particularly targeted at them, because much own and assures that Article 14 applies to other identities. Like elders from the majority group, of what is on offer is not suited to their needs. inequalities in education. It is notable black and minority ethnic elders also need support The report highlights the disadvantages of lack of that unlike many international and encouragement on leading fulfilling lives after fluency in English combined with inadequate agreements, the European Convention retirement. interpreting services; the barrier against receiving can be enforced by individuals, though The film develops the themes of active information represented by belonging to an ethnic, participation, citizenship and volunteering through cultural or religious group other than white, European there generally must be exhaustion of five elders from different parts of the UK with different and Christian; and the resultant reliance on advice national remedies. This becomes less ethnic backgrounds. Their themes relate to health, and advocacy provided in facilities run by people from onerous in the UK with the passage of education, arts, youth, women, community and their own community. the 1996 and 1998 Human Rights Acts. communication - and, most important of all, simply Recommendations arising from this report, from a This latter act incorporates the doing good and having fun. report by the NHS Executive 'Addressing Black and The aim of this, PRIAE's second film, is to act as Minority Ethnic Health in London', activities with Convention into UK law, thus allowing an important tool in motivating elders to effectively Primary Care Groups, joint working structures for direct challenges to LEA practices and volunteer. The film conference programme is black and minority ethnic children's needs, racial even parliamentary provisions. The constructed to begin developing a national harassment and its effects on health, and more are modest limits on parliamentary programme on volunteering with black elders. The covered in the July issue of Westminster Race challenges are frankly not very project is supported by the Home Office. Equality Council's Health, Social Care and Race Further details of the programme are available Newsletter. important, for in our experience, much from Naina Patel, Director of PRIAE-CNEOPSA, WREC can be contacted at Piccadilly Mansions advocacy challenges implementation University of Bradford Management Centre (1st floor), 1-17 Shaftesbury Avenue, London W1V 7RL procedures rather than acts of legislative [tel: +44 113 294 7189; fax: +44 113 295 8221]. [tel: 020 7287 1157; fax: 020 7287 5547; bodies. e-mail: [email protected]

26 The Runnymede Bulletin September 2000 REVIEWS Citizenship, democracy, faith: walking the boundaries of debate Obligations of Citizenship and Demands of Faith: Religious Accommodation in Pluralist Democracies Edited by Nancy L. Rosenblum Princeton, NJ/Chichester: Princeton University Press Paperbacks, 2000 ISBN: 0-691-00708-X

The Democratic Paradox Chantal Mouffe London: Verso, 2000 ISBN: 1-85984-279-8

he rallying slogan of the French the degree to which globalisation has One of the reasons that left politicians Revolution, libertŽ, egalitŽ, eradicated social divisions and other and activists become so agitated by the TfraternitŽ [liberty, equality, concerns of ‘old world’ politics, but also inequalities of global capitalism is brotherhood] identifies the key concepts gravely misconceives the genealogy and precisely because they weigh the of liberal democracy, but theorists must nature of liberal democratic politics – traditions of democracy and equality as still determine how these ideals might namely the importance of conflict. more significant than those of individual interact and within which bounds each Mouffe does not simply state the liberty. Libertarians and conservatives concept might confine the other two. importance of conflict in liberal are often outraged by equal opportunities Recent investigations by political democracies; instead she sources it to policies and other governmental theorists can illuminate these interactions two distinct traditions that have ‘no intervention to raise the status of and the current state of liberal necessary relation… but only a underprivileged individuals and groups democracies more generally. This review contingent historical articulation’. The first not because they are wicked but rather of two recent publications spells out the of these two traditions she defines as because they value liberty more than renewed importance of political theory in ‘liberal… constituted by the rule of law, equality. Particularly in the economic topical debates on immigration, equal the defence of human rights and the sphere this is not to say that either the left opportunity policies, the provisions of respect of individual liberty’; the second or right are ‘better’ standpoints or that Article 13 and the implementation of the being ‘the democratic tradition whose they are blind to the concerns of the other Human Rights Act, particularly in multi- main ideas are those of equality, identity position; rather, it is to recognise that in ethnic Britain. Furthermore, an between governing and governed and the past the political disagreements of left understanding of the conflicting goals at popular sovereignty’. As Mouffe points and right were based on the interaction of the heart of liberal democracies will out, liberals and democrats have different traditions, liberal and explain why policy developments need to historically been aware of the limits that democratic, within liberal democracy and remain sources of contestation. the conjuncture of liberal democracy their contemporary articulations. placed on their own political ideals. In the What Chantal Mouffe is saying is that Mouffe and democracy present circumstances, the liberal New Labour and other third-way It may seem odd to insist on the viewpoint is in the ascendant, evidenced politicians are attempting to reconcile and importance of theory at a time when the by the contemporary stress on (human) permanently fix the interaction between main ideological source of debate in rights and the waxing obsolescence of the principles of liberty and equality. In politics, namely the Left–Right split, is popular sovereignty. fact, they have shirked the deemed to be irrelevant by important These ideas often need to be responsibilities of equality normally personages of the old left and old right. expressed more simply than Mouffe propounded by left politics and, Mouffe Indeed, some New Labour politicians allows, particularly to a non-theorist. concludes, have in the process stunted might further stress that the current Unpacking her somewhat unwieldy political debate and ‘a legitimate form of challenge of globalisation can be met prose, however, not only brings us to the expression of resistance against the only by third-way politics. In a collection heart of Mouffe’s criticism of the current dominant power relations’. According to of five semi-related essays, Chantal situation, but also helps us to better Mouffe, New Labour wants no losers in its Mouffe persuasively demonstrates that understand what she means by the game of zero-sum politics, and she is such a conclusion not only exaggerates ‘democratic paradox’. particularly concerned that the

The Runnymede Bulletin September 2000 27 ‘democratic deficit’ as represented by the equal to every other person’. Whether the working of the system’. loss of popular sovereignty may lead to a this obtains in practice is a concern that Mouffe argues, therefore, for a rise of the far right as the only ideology the state will later address through its strengthening of the democratic tradition, that considers its importance. institutions – for liberals this equality of in what she has earlier called ‘the return For Mouffe, it is not only third way humanity must form the a priori basis of of the political’. She agrees with Schmitt politicians that misunderstand the roots of citizenship. about the weaknesses of the liberal liberal democracy. Recent theorists of Mouffe agrees with Schmitt when he conception of citizenship and with his ‘deliberative democracy’ are similarly argues that the liberal ideal of general evaluation of tensions within liberal criticised for attempting to posit a conflict- equality of humanity and the democracy. However, she sees this free politics that is based on rational corresponding conception of citizenship tension as the strength of modern deliberation of opposing views. Mouffe is necessarily non-political. This is democracy in its many forms and deems argues that thinkers such as Habermas because it lacks the distinction between that a strengthening of ideals such as mistakenly link ‘Enlightenment those who belong to the demos and popular sovereignty associated with the universalism and rationalism’ with the those who are exterior to it. Indeed, the democratic tradition is what is required to modern democratic project and thus see democratic notion of inclusion and set it aright. Such a move can more ‘postmodern’ approaches that question citizenship will always exist alongside the properly balance liberty and equality but universality and rationality as correlate of inequality, since certain also, more importantly, will allow jeopardising the success of democracy. individuals will not belong to the demos. democrats to argue their case for Rawls is further critiqued for simply To explain this further, Mouffe quotes citizenship. If the liberal cosmopolitan stating the fact of pluralism rather than Schmitt at length: vision creates citizens who have ‘lost the considering it as ‘constitutive at the possibility of exercising their democratic conceptual level of the very nature of In the domain of the political, rights of law-making’ who can only appeal modern democracy’. Differences among people do not face each other as to transnational courts to defend their citizens are inherent within all social abstractions but as politically rights when violated, what this represents polities, but the goals of liberty and interested and politically is ‘the actual disappearance of equality at the centre of liberal democracy determined persons, as citizens, democratic forms of government … demand a coherent and consistent theory governors or governed, politically indicating the triumph of the liberal form of the state and state interventions to allied or opponents – in any case, of governmental rationality’. allow the diversity of the polity access to therefore, in political categories. In Chantal Mouffe is a defender of liberty and equality. the sphere of the political, one modern democracy, but she would like to Liberal democracy, despite its cannot abstract out what is political, see a more active citizenry and reform- seeming success in managing conflict leaving only universal human minded government. In The Democratic arising from diversity, is also stretched to equality. Paradox, she also stresses the its limits in attempting to reconcile the importance of Wittgenstein and Derrida in goals of liberty and equality with this pre- Schmitt notes that even in modern positively recognising the importance of existing diversity. In her second essay, democratic states there is a category of difference and the broad conception of Mouffe examines the controversial people who are excluded as foreigners or citizenship that such considerations thought of Carl Schmitt, an early 20th- aliens, a point that is as resonant today in allow. However, another recent volume century political philosopher who immigration debates and legislation as it offers a specific social circumstance concluded that its internal contradictions was in 1926 when Schmitt completed The where the boundaries of citizenship might made liberal democracy a non-viable Crisis of Parliamentary Democracy. be tested, namely the case of the regime. From a close examination of Mouffe concurs with Schmitt in a way that religious believer. Schmitt’s ideas, she illustrates the corresponds with her disagreement with challenge of plurality for liberal a ‘procedural’ or ‘instrumentalist’ theory of Faith and the citizen democracy when it weighs the key politics that views modern conditions as The source of dilemma for the liberal political concept of inclusion–exclusion having rendered notions such as state is clearly evoked in the title of this and the corresponding idea of citizenship. ‘common good’ and ‘general will’ volume: Obligations of Citizenship and At this stage, it is clear that Mouffe is insignificant. To Mouffe, Joseph Demands of Faith. Given that individuals calling for a strengthening of the Schumpeter’s seminal work Capitalism, and communities often have differing democratic tradition in the face of the Socialism and Democracy (1947), in moral and ethical ‘world views’, how current liberal consensus. The struggle defining democracy solely as ‘the system should the state react when allegiances for an open and equal conception of in which people have the opportunity of to religious laws seem to violate those of citizenship, against those that have accepting or rejecting their leaders liberal theory? To further complicate the historically argued for an ethnic or thanks to a competitive electoral process’ picture, in some situations, certain groups racialised measure, has led some to reduced politics to a balancing of and individuals are actually discriminated invoke and argue for a ‘cosmopolitan’ competing self-interests. These interests against and have less access to social idea of citizenship. Schmitt argues that are to be adjudicated by the state but goods, leading them to confront the state this arises from the liberal interpretation remain unchallenged by popular in the courts. of equality, that ‘postulates that every participation since such participation In her introduction, Nancy Rosenblum person is, as a person, automatically creates ‘dysfunctional consequences for argues that religious challenges to liberal

28 The Runnymede Bulletin September 2000 democracy are the ‘most pervasive and clause has led to cases covering such religious both in public and in private, powerful today, supplanting Marxism and broad topics as educational segregation, moving beyond liberal neutrality and re- other political ideologies’. Perhaps she is religious education, mind-altering engaging the democratic tradition. overstating the novelty of religious substances as sacrament in worship, However, serious questions remain for challenges in liberal theory, but this appropriate clothing in the military, the liberal democracies, particularly with volume, with its thirteen essays, does chaplains in hospitals, prisons, legislature their commitment to the values of liberty offer an overview of the challenge made and military, financing religious and equality for every citizen. to a liberal state by religious believers, institutions and chaplains, unionisation of Obligations of Citizenship and although nine of the essays deal almost parochial school teachers, liquor bans in Demands of Faith suffers somewhat from exclusively with the United States. Mormon-majority counties, etc. Clearly its particular focus on the United States. Michael McConnell notes that until the these cases question the state’s ability to There, more than elsewhere, questions modern period, ‘citizenship was act neutrally; the Supreme Court, in such as abortion and homosexuality are inextricably tied to religion’. However, in allowing Amish children to be removed moral questions in which a significant part order to offer citizenship to all its from the education system, while banning of the populace act in ways that are inhabitants, states have since the use of peyote in Native American intrinsically illiberal and inegalitarian. One disestablished state religions in the hope ceremonies and preventing of the two strengths of this volume is its that individuals of all faiths could become fundamentalist Christians from removing presentation of the conflicting judicial full and equal citizens, a view that their children from classes teaching decisions made in the United States, ‘became a fundamental and evolution has offered conflicting demonstrating the conceptual and uncontroversial premise of liberal interpretations on a number of occasions practical difficulty in fully separating constitutional order’. Now, states in the past thirty years. church and state and in truly treating all McConnell, the situation has reversed – In highly different ways, two articles in citizens in a liberal and equal fashion. Its secularists are the favoured citizens in a this volume suggest that religious second strength lies in three essays liberal democracy and religious believers obligations demand greater relevance in examining the cases of Israel and India. are often not granted their full rights. liberal theory. Ronald Thiemann strongly These three essays demonstrate the The problem, argues McConnell, is argues that the ultimate loyalty and dangers that religious viewpoints can that religious believers ‘inevitably face absolute love belong to God alone and have. Recognising that absolute liberty two sets of loyalties and two sets of that an individual’s ‘commitment to can lead to some individuals harming obligations’, resulting in a ‘citizenship democracy remains penultimate’. He others, freedom of speech has often been ambiguity’. In liberal theory, it has often argues that people of faith serve as curtailed, specifically hate speech. Yael been necessary to diminish the claims of ‘connected critics’, ‘persons committed to Tamir considers the case of religious hate religious obligations so that liberal the fundamental ideals of democracy yet speech in Israel. Specifically, he institutions could properly function. In able to see the shortcomings’. He deems evaluates why it is sometimes necessary American constitutional history, this has that such Christians are in fact positive to ban speech that is directly sourced to taken the form of Jefferson’s ‘wall of contributors to democracy through their the Bible, in one case where Rabbi separation’ between church and state, defence of the values of faith, hope, and Kahane quoted with reference to the though this famous phrase does not love. Graham Walker argues against Palestinian religious enemies: appear in the Constitution itself. McConnell’s earlier contribution, McConnell’s vision is a pluralist one that suggesting that its version of pluralism When the Lord thy God has cut off allows communities to educate their could ‘careen toward Balkanization and the nations, whose land the Lord children according to their needs and fragmentation’. Instead, a ‘mixed thy God give thee, and thou hast makes other concessions to religious constitutional regime’, overtly preferring driven them out, and dost dwell in groups. This, he asserts, would ‘ensure one specific religion while constitutionally their cities, and in their houses… that for Protestants, it [the United States] binding itself to protect ‘subordinate You shall utterly destroy all the is a Protestant country, for Catholics a religious orientations’ should be places, in which the nations whom Catholic country, and the Jew, if he instituted, much as in the case of Israel. you are to dispossess serve their pleases, may establish in it his New He also offers and recommends an gods, upon the highest mountains, Jerusalem’. overtly secular version that would and upon the hills and under every Most of the contributions in this institutionalise its values as ‘the official leafy tree: and thou shall overthrow volume are concerned with constitutional public theology’, rather than the their altars, and break their pillars, law, mainly in the United States. A contemporary sleight of hand and and burn their asherim with fire: and number of cases are cited to note the resulting ‘immoderate hegemony’ of thou shall hew down the carving of conflicting interpretation of the state’s secular liberalism. their gods, and destroy the name of relationship to the religious observer, These theoretical musings present them out of the place. specifically its interpretation of the some of the reasons that ideals of Establishment Clause. This famously citizenship will be contested and As Tamir summarises, ‘the eradication states that Congress could neither conflictual. Following Mouffe, it would must be complete’. This demonstrates establish a national religion nor interfere seem plausible to allow religious that there are traditions and with existing state establishments. In the believers to state their preferences in a interpretations within religions that United States, the interpretation of this political way, meaning that they could be defend values other than those of faith,

The Runnymede Bulletin September 2000 29 hope and love that Thiemann identified can be highly damaging, usually to than with equality. As commentators earlier, and Tamir points out similar another social group that the state is consider the future of multi-ethnic Britain examples in Islam and Christianity. obliged to treat equally. Thus, the state is (or any other multi-ethnic state), it will be In the case of India, Gary Jeffrey torn in its own obligations – towards the necessary to buttress and perhaps re- Jacobsohn explains that constitutional liberty and equality demanded by modern articulate the concept of citizenship to structures allow the state to intervene liberal democracies, but also towards allow for a more democratic society. At more strongly than elsewhere precisely freedom of religion, even where such the same time, the state must be aware because caste hierarchies have been a faiths might proscribe illiberal or of the dangers that some forms of liberty source of social inequality that the state inegalitarian views. can create, as evidenced in Obligations seeks to minimise and prevent. This of Citizenship and Demands of Faith, allows India to monitor the hate speech of Conflicting obligations whilst simultaneously challenging forms politicians such as Balasaheb Thackeray, Both publications demonstrate that liberal of exclusion that violate human rights. To the leader of the Shiv Sena, and to bar democracies have differing and at times imagine a possible reconciliation of ethics them from electoral competition when conflicting obligations to their citizens, not and politics might undermine such language might lead to social simply at a legislative level, but at a democracy’s strength and rigidify violence. deeper structural and theoretical stratum. conceptions of citizenship. As Mouffe Martha Nussbaum further examines Debates surrounding immigration and concludes, the tension between the the constitutional structures of India and relations between ethnic groups usually liberal and democratic traditions, concludes that in the case of gender take the form of arguments about including their differing conceptions of equality, the state is manifestly failing in appropriate legislation. Chantal Mouffe equality, constitutes a paradox, but this its duties by not intervening more strongly argues that the emphasis on legislation tension is not only the source of debate in into personal religious law. These three has led to a more scaled-down vision of politics but the greatest strength of liberal cases, two from India and one from democracy, limited to ‘proceduralist’ democracy too. Israel, demonstrate that certain concerns that have in recent years been ramifications of religious interpretations more concerned with liberty and rights Omar Khan, Runnymede

IN THE PRESS

and from Britain and that since the early shortage. And the second is that Government sees 1970s the number of people emigrating immigration can in fact contribute to has out stripped those entering Britain. bridging this gap. value of economic The Home Office is currently examining the immigration policies of migrants Canada, America and Australia to explore the type of model that would be best for Demographic Barbara Roche the Minister of State at Britain. The Minister referred to the the Home Office called for a ‘Grown up possibility of a points based system being debate debate’ on immigration earlier this month. adopted as is currently used in America. Speaking at an IPPR seminar held in In response to the speech the Shadow A demographer caused controversy by London on 11 September 2000 the Home Secretary, Ann Widdecombe, said predicting that the UK could see white Minister spoke of possible moves ‘Britain wants the best skilled workforce in people become a minority by 2100. He towards relaxing immigration controls for the world. Improving the skills of our own made his calculation anonymously, for the highly skilled. She said ‘we are in workforce is the best way of achieving fear of being labeled a racist, and his competition for the brightest and the best this, but immigration has a role as well. A prediction made major headlines in The talents’. The speech has been described work permit scheme, which we support, Times, Guardian, Evening Standard, Sun as the biggest shake-up of immigration already exists to import labour where and Daily Mail after initially appearing in policy for three decades (Express there is a skills shortage’ (Daily Mail, the Observer on 3 September. 12/09/00). The Minister spoke about the 11/09/00). The Liberal Democrat Home Estimations regarding the numbers of benefits of economic migration. affairs spokeswoman, Jackie Ballard, ethnic minorities in the UK and elsewhere This shift on immigration comes at a said ‘Immigrants add to the skills base are often used by the British National time when government has and help develop the diverse culture of Party to imagine ugly projections of racial acknowledged that a skills gap exists in the UK. But the Government must not violence and the dissolution of all things Britain. The skills gap has been directly shirk its wider responsibility for training British. For this reason, some attributed to the demographic time bomb and education by poaching those that commentators were ‘appalled’ by and the Minister spoke of estimations that other countries can ill afford to lose’ (Daily predictions that could only create by the year 2050 almost a quarter of the Mail, 11/09/00). ‘unnecessary panic’. population will be over the age 65. It is The speech is the first positive Demographic predictions are based with this in mind that the Minister for statement to be made about immigration on fertility rates, which are often higher Immigration has asked for a debate on ‘a by a Cabinet Minister for as long as some among first-generation immigrant groups modern immigration policy’, which of us can recall. Furthermore, it appears and are particularly high for Pakistani and discusses the benefits and challenges of that there is consensus between the Bangladeshi women in the UK. managed migration. Ms Roche pointed parties on two counts. The first point of Explanations about these statistics are as out that people have always migrated to agreement is that there is a skills contested and controversial as the

30 The Runnymede Bulletin September 2000 demographic predictions. The Times the last national census. Endorsing the Stephen Lawrence considered that the high fertility rate of Earlier this year, David Lammy’s Trust the Prince said: ‘Stephen Lawrence Pakistani and Bangladeshi women was accession to Bernie Grant’s seat in was cruelly robbed of the chance to ‘because they keep bringing into the Tottenham received a great deal of develop his potential talents in the field of country young brides from remote attention. As the Voice pointed out, the architecture. I’m sure that his parents, villages who retain traditional values’, race to replace London Mayor Ken who did so much to support him in his though it also noted that predicting birth Livingstone ‘has hotted up with the ambition, will join me in hoping that the rates is ‘one of the most difficult areas to announcement of the final shortlist of six trust established in Stephen’s memory forecast’. candidates’ in his Brent East and my foundation can work together to The Guardian noted that ‘with parliamentary seat. With three of the find more opportunities for those with affluence and assimilation birth rates candidates for this very safe Labour seat talent to find a role in building design’ diminish’. However, it further noted that coming from ethnic minorities, one of the (Express, 8/9/00). some minorities are not becoming more candidates was quoted as saying: ‘The Recognising the under-representation affluent or assimilating, such as nature of the constituency and its of black and minority ethnic architects in Bangladeshis, who might also maintain diversity means that it is a winnable seat’. Britain, the Prince challenged the high fertility rates due to ‘Islam’s strength She further explained: ‘In the past the architectural profession, dominated by as a belief system ascribing women a party has had black people on the list, but white middle-class people, to be more fixed role’ or possibly ‘segregated in unwinnable constituencies as a token inclusive and ‘to open their recruitment schooling’. gesture’. programmes to people from ethnic In London, Lee Jasper noted that Commenting on the shortlist in Brent minority communities’ (The Times, London is due to become a minority white East, the Voice concluded, ‘the big 8/9/00). city even sooner. He was quoted in the surprise is that Peter Herbert, chairman Doreen Lawrence, Stephen’s mother, Evening Standard as saying: ‘At the of the Society of Black Lawyers, failed to also speaking at the Memorial event, said moment ethnic minorities are about 40 make the shortlist after being tipped as a that she hoped Prince Charles’s influence per cent in London. The demographics favourite’. The paper further noted that would encourage black young people to show that white people will become a Herbert failed to be nominated in become architects: ‘it would be a feather minority by 2010.’ Some of the interest in Gloucester earlier this year. in our cap if all the architectural schools in these prognostications derived from There are currently 9 minority ethnic the country had a student in Stephen’s news released by the US Census Bureau MPs, all from the Labour party, in the memory’ (Express, 8/9/00). that California’s non-hispanic whites House of Commons, out of a total of over In his welcome note, Mr Arthur constitute 49.8 per cent of its population, 650. If the number of seats were to match Timothy, Chair of The Stephen Lawrence and the possible ramifications of this the actual population in the UK, there Trust, explained that the Memorial forecast for the Europe of the next would be over 40 minority ethnic MPs. Lecture will be held annually, and will in century. Examining demographic figures can thus time serve as a benchmark for progress be highly important for a functioning made toward making architecture and democracy and in evaluating the needs of related design professions more a constituency. Without suggesting that accessible to the ethnic minority ethnic minorities can only be represented communities (Memorial Lecture The minority by minority ethnic MPs, or that such MPs Programme, 2000). cannot win in predominantly white Set up in 1998, with the support of ethnic electorate constituencies, it is nevertheless Baroness Ros Howells OBE, Doreen important to recognise that success for Lawrence and Neville Lawrence, the Yasmin Alibhai Brown, commenting on minority ethnic MPs has tended to be Trust is not political, and seeks to help the demographic predictions, noted limited to constituencies where black and encourage talented and disadvantaged ‘There are areas where, if you count, you Asian voters constitute a substantial black young people to pursue careers in could say that white people are a minority percentage of the total vote. architecture and other design but so what?’ (The Times 4/9/00). In fact, professions. In less than 2 years this in such areas, black and ethnic minorities charitable trust has managed to develop can have a considerable impact in bursary programmes for young elections. As the main political parties disadvantaged people in the north of prepare shortlists for the next general Stephen Lawrence England, in London and overseas in election, they will keep in mind that Jamaica, and ‘is hoping to develop a new approximately 50 constituencies have Memorial Lecture purpose built education and arts building minority ethnic populations of over 20 per in Deptford South East London called cent. and Bursary The Stephen Lawrence Technocentre’ The Labour party has been particularly (Memorial Lecture Programme, 2000). concerned with increasing the number of The first Stephen Lawrence Memorial Speaking about the Trust, Doreen its candidates who are ethnic minorities Lecture was delivered at Prince Charles’s Lawrence said ‘The tragedy surrounding and has been criticised for selecting only Foundation for Architecture in East Stephen’s murder has helped to change one extra seat from the Asian or black London on 7 September 2000. Britain as we know it. His death has communities to fight a winnable seat. The Presenting the Lecture, HRH The Prince highlighted the evil of racism that so Birmingham Post noted a high level of of Wales announced a new scholarship many face in our society. I see the Trust infighting in the selection of Jeff Rooker’s worth £70,000 to commemorate the life of as a fitting tribute to Stephen’ (Memorial successor in a seat (Perry Barr) where 37 Stephen Lawrence, in an attempt to Lecture Programme, 2000). per cent of the population came from increase the number of black and Compiled by Randeep Kaur Kular and minority ethnic backgrounds according to minority ethnic architects. Omar Khan, Runnymede

The Runnymede Bulletin September 2000 31 CONTINUED FROM PAGE 10 Contents Citizens and Communities: 1 Project, 17 Barford Street, Islington, London Race and Identity on the Agenda* the Future of Multi-Ethnic Britain N1 8NU [tel 020 7226 8885, email Thursday 9 November, 9.30 am, Greenwich Towards a National Consensus [email protected]] Professional Development Centre, a training Bhikhu Parekh 1 event for teachers and headteachers Predicting the Future Social Responsibility: Challenges for the organised by Greenwich Education Services, Kate Gavron 3 Future led by Robin Richardson. Participants Observations from Commission members: 3-8 Saturday 21 and Sunday 22 October 2000, welcome from other local authorities. Details Trevor Phillips, Colin Bailey, Judith London, organised by the Association of from James Morrison, Greenwich Education, Hunt, Sally Tomlinson, Séamus Taylor, David Muslim Social Scientists (UK) for their 2nd Riverside House, Woolwich High Street, Faulkner, Michael Chan, Sarah Spencer, Matthew McFarlane, Muhammad Anwar Annual Conference. The conference will be London SE18 6DF [tel 020 8312 5075]. To be Designing, Drafting and Delivering: Ranimed, looking at concepts such as ‘social repeated on 8 February 2001. Runnymede and a Long Report responsibility’ and ‘justice’ and the role of Robin Richardson 9 Muslim communities towards the welfare of Race Equality Issues in Schools* Related Events, conferences and seminars 10 society at large. Details from AMSS (UK) at PO Friday 1 December, 9.30 am to 4.00 pm, Box 126, Richmond, Surrey TW9 2UD [tel 020 University of London Institute of Education, Liberty, equality, community 11 and the Human Rights Act 8948 9511/2, email [email protected]] organised by the Language Development in with contributions from: Multicultural Schools (LDMS) network, on Barbara Cohen and Razia Karim 11 innovative and effective ways of using the The Media after Lawrence* Anthony Lester 12 Saturday 21 October, The Tabernacle, Notting Ethnic Minority and Travellers Achievement Jenny Watson 13 Hill. Organised by the National Union of Grant (EMTAG). Opening lecture by Robin Leena Chauhan 13 Journalists. Speakers include Gurbux Singh, Richardson and workshops on staffing, Richard Lumley 14 Doreen Lawrence and Simon Israel of Channel training, monitoring, assessment and Taking away the tools to fight racism Ð 15 partnerships with parents. Details from Roger Four News. Details from the NUJ at Acorn the Government's Mode of Trial Bill West, 16 Gabriel Street, London SE23 1DT [tel House, 314-320 Grays Inn Road, London Lee Bridges WC1X 8DP [tel 020 7278 7916, email 020 8699 5974, email [email protected]] [email protected]] Should Holocaust denial be 17 Young Black People in the Penal System punished as Ôhate speechÕ? Paul Iganski Ageing Wednesday 6 December 2000, 2.00 pm to Tuesday 24 October, 9.30am to 4.00pm, at 5.00 pm, The Howard League Centre for Penal Praise and concern at the UN 18 Rothes Halls, Glenrothes, Fife. On services for Reform, organised by The Howard League. Michael Banton older black and minority ethnic people, The conference will discuss issues such as the with further observations on the CERD process: organised by Fife Racial Equality Council. over-representation of young black people in from a Runnymede perspective 19 from a UK Government perspective 20 Speakers include members of community the penal system and ways of creating a more organisations, the chief executive of Fife equitable system, with speakers from Brent Council of Europe policy 21 Health Board, the head of the Commission for Borough Council, Feltham Young Offender recommendation no. 5 Racial Equality in Scotland, and two MSPs, Institute, HM Prison Service, Howard League Michael Head Jackie Baillie the deputy minister for social Council, Lambeth Youth Offending Team and Educational advocacy crossing the Atlantic 23 inclusion, equality and the voluntary sector, Metropolitan Police Service. Details from Peter Roos Barbara Norris, The Howard League, 1 and Henry McLeish, the minister for enterprise Age concern 26 and life-long learning. Details from Fife Racial Ardleigh Road, London N1 4HS [tel 020 7249 Equality Council [tel 01592 610211, email 7373, fax 020 7249 7788, email Review. Citizenship, democracy, faith: 27 [email protected]] [email protected]] walking the boundaries of debate Omar Khan Agenda 2010* Equalities Conference In the Press 30 Tuesday 31 October, organised by Manchester Tuesday 16 January 2001, Rochdale Town City Council, the launch of a major Hall, organised by Rochdale Metropolitan programme, ‘Agenda 2010’, aiming to tackle Borough Council. Details from Suki Kaur, Bulletin No. 323, September 2000 racism and racial discrimination in the city over Rochdale Metropolitan Borough Council, ISSN 0965-7762 the next 10 years. The event will include a Equal Opportunities Unit, Municipal Office, The Runnymede Bulletin is published speaker from the Commission who will be Smith Street, Rochdale OL16 1AQ [tel 01706 quarterly by The Runnymede Trust 864723, fax 01706 865656] discussing the report and its implications. 133 Aldersgate Street Details from Abid Hussain, Best Value Team, London EC1A 4JA Manchester City Council, P.O. Box 532, Town The Future of Multi-Ethnic Britain* Tel: 020 7600 9666 Hall, Albert Square, Manchester M60 2LA [tel Friday 19 January 2001, 6pm, in the Council Fax: 020 7600 8529 0161 234 5000, fax 0161 236 5909, email Chamber at Lancaster Town Hall. The half- E-mail: [email protected] [email protected]] yearly meeting of Preston and Western Website: www.fhit.org/runnymede Lancashire Racial Equality Council. Guest Typeset and printed by: Real Community Safety speaker, Bhikhu Parekh. Details from the REC St Richards Press Ltd. Wednesday 8 November 2000, 2.00 pm to at Town Hall Annexe, Birley Street, Preston Leigh Road, Chichester, 5.00 pm, The Howard League Centre for Penal PR1 2RL [tel 01772 906422, email ilac- West Sussex PO19 2TU. Reform, London, organised by the Howard [email protected]] Tel: 01243 782988 League for Penal Reform. The conference will Bulletin Editor: Ros Spry focus on how to achieve a safe environment Race and Identity on the Agenda* Subscriptions Administrator: Omar Khan and how to deal with people considered to be Thursday 8 February 2001, 9.30 am, on the outside or margins of society, with Greenwich Professional Development Centre, Copyright © 2000 The Runnymede Trust and individual authors. speakers from Hackney Borough Council, a training event for teachers and headteachers The opinions expressed by individual authors Home Office, Howard League, Local organised by Greenwich Education Services, do not necessarily represent the views of The led by Robin Richardson. Participants Government Association and ‘On Track’. Runnymede Trust. Details from Barbara Norris, The Howard welcome from other local authorities. Details In 2000 the Bulletin is published in League, 1 Ardleigh Road, London N1 4HS [tel from James Morrison, Greenwich Education, March (321), June (322), September (323) 020 7249 7373, fax 020 7249 7788, email Riverside House, Woolwich High Street, and December (324) [email protected]] London SE18 6DF [tel 020 8312 5075] Annual Subscription (Yr2000) is £20.00

32 The Runnymede Bulletin September 2000