grants ethnic minority recognition for Irish Travellers ESPN Flash Report 2017/32

MARY DALY – EUROPEAN SOCIAL POLICY NETWORK MAY 2017

Description In a context of persistent In March 2017, the Irish state conferred state. Travellers have already got disadvantage and official recognition on Travellers as an official ethnic recognition in Northern segregation, Irish by the Prime Minister Ireland and and they have Travellers were (Statement by An Taoiseach). This does been included in the Irish Prohibition of officially recognised not create any new individual, Incitement to Hatred Act 1989, the as an indigenous constitutional or financial rights. It is Employment Equality Act, 1998 and the ethnic minority in mainly of symbolic significance in Equality Status Act, 2000. But there March 2017. This acknowledging and valuing the was something missing. Internationally, has practical and uniqueness and specificity of Traveller a number of the UN bodies (including symbolic culture and identity. Yet, it means that the UN Committee on the Elimination of significance in the Travellers will be named as a protected Racial Discrimination), the Council of Irish setting – group in Irish equality legislation and Europe (including the European especially opening that they will be included in the full Commission against Racism and the way for range of the anti-discrimination and Intolerance) have also recommended Travellers to be inter-cultural initiatives. Heretofore, such a step. included in culture- Ireland had voluntarily reported on the situation of Travellers to the United Outlook & commentary related policy such Nations (UN) and Council of Europe as anti- As a type of recognition policy, there is (within the auspices of the Framework discrimination and some precedent for the measure in the Convention on National Minorities). Irish context. For example the 1998 anti-racism Recognition may also – especially in Good Friday Agreement recognises that measures. light of the statements by the Taoiseach people’s self-identification can be on the occasion of granting recognition complex and the 2015 Gender – expedite measures to address the Recognition Act provides that, from 16 structural and other disadvantages of years of age, the preferred gender of a the Traveller sub-population. The hope person will be fully recognised by the is that it will act to both confirm state for all purposes. The fact of some Travellers’ own identity, helping to trend and precedence should not counter stigma and felt shame, and also LEGAL NOTICE undermine the significance of the move to further recognition and respect for to recognise Travellers though, for This document has been Travellers in the wider Irish community. prepared for the European ameliorate policy has been slow and Commission. However, it The developments follow a long troubled (as has movement in Ireland reflects the views only of the authors, and the campaign by the Traveller community towards multi-culturalism). Commission cannot be held and especially their representative Travellers are the main ethnic group in responsible for any use organisations (Non-Governmental Ireland and constitute the single most which may be made of the Organisations such as and information contained disadvantaged population sub-group. In the Irish Traveller Movement) to have therein. fact, one could describe Travellers in their unique heritage, culture and Ireland as a classic case study of a identity formally recognised by the Irish

socially-excluded group. As well as specifically convened National recognition policy and its having low social status, they are Traveller and Roma Inclusion relationship to the general policy educationally very disadvantaged Steering Group which includes approaches (in relation for (55% of Travellers leave school representatives of Traveller and example to rights and equality as before the age of 15); on most Roma organisations (another well as social security and anti- health-related indicators they are improvement on former practice). poverty policy generally). significantly below the national The process is also committed to a average (having a lower life data collection strategy and an expectancy and a much higher assessment of need among the suicide rate); their housing Traveller and Roma communities. conditions are also significantly Among the measures one would worse than the population at large like to see associated with the new (800 families live on the side of the Traveller and Roma Inclusion road without water or sanitation); Strategy are dedicated funding, Further reading and their long-term unemployment regular monitoring at a high level Bromell, D. (2008), Ethnicity, rate is over 80% (all figures from and the normalisation of an ethnic Identity and Public Policy, www.paveepoint.ie). identifier in all data and evidence Wellington, NZ: Institute of Policy gathering (which would contribute There have, of course, been Studies. to policy monitoring and review). measures to address this CEDAW Committee on the Moreover the Committee on the disadvantage. One of the most Elimination of Discrimination Elimination of Discrimination recent and significant was the Against Women (2017), Against Women (CEDAW) in its National Traveller/Roma Concluding Observations on the latest report to Ireland (March 3 Integration Strategy (NTRIS) Combined Sixth and Seventh 2017) expressed concern about introduced in 2011. Among its Periodic Reports of Ireland. the continued poor outcomes for strengths was a commitment to Department of Justice and Equality Traveller women and girls in the improve the delivery of services to (2016), Draft National Traveller fields of health, education, housing Traveller and Roma people and to and Roma Inclusion Strategy, and employment as well as low mainstream catering for the needs available at: level of participation in public and of these communities. NTRIS was http://www.justice.ie/en/JELR/Nati political life. The Committee especially good in the domain of onal_Traveller_and_Roma_Inclusio recommended that the state take health services. However there n_Strategy_Phase_3_Consultation concrete measures to improve were significant weaknesses also, _Document.pdf/Files/National_Trav such outcomes, including by eller_and_Roma_Inclusion_Strateg including the lack of a clear ensuring that the new Strategy has y_Phase_3_Consultation_Documen strategy or set of goals; the clear indicators and benchmarks t.pdf sectoral and rather fragmented for these sectors and that its nature of responses; the virtual Kymlicka, W. (2001), Politics in the implementation is monitored and exclusion of Roma (in that NTRIS Vernacular: Nationalism, regularly evaluated. It also concentrated almost exclusively on and Citizenship, recommended that the State Travellers); and a failure to Oxford/New York: Oxford should consider revising the University Press. produce an action plan to meet and Housing (Traveller monitor goals. Moreover, some of Pavee Point (2013), Travelling with Accommodation) Act of 1993 in the NTRIS commitments to action Austerity, : Pavee Point. order to sanction authorities when have been watered down over the they fail to take measures to Statement by an Taoiseach, March course of time and weakened by 2 2017, available at: provide accommodation for austerity policies. The latter have http://www.taoiseach.gov.ie/eng/ Travellers. seen cuts in spending on Traveller News/Taoiseach%27s_Speeches/S education, health and The move in Ireland can be placed tatement_by_An_Taoiseach_Enda_ accommodation especially (Pavee in a wider context of the politics Kenny_TD_on_the_recognition_of_ Point 2013). and policies associated with multi- Travellers_as_an_ethnic_group_Da culturalism. There is a vast il_Eireann_1_March_2017.html A new strategy is currently in scholarship on this topic as well as Taylor, C. (1992), Multiculturalism preparation (Department of Justice a range of different policy models and the Politics of Recognition, and Equality 2016). The available and approaches (Bromell 2008; Princeton: Princeton University draft shows significant Kymlicka 2001; Taylor 1992). The Press. improvement on the 2011 Strategy scholarship and policy experiences (and aims for inclusion rather than Authors underline the complexity of the integration, suggesting a change of field and the need especially to Mary Daly, University of Oxford policy approach). The development clarify the meanings and targets of phase is being overseen by a

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