RunnymedeThe

NEWSLETTER OF THE RUNNYMEDE TRUST No.322 June 2000

New Race Directive Agreed at European Level

On 6 June 2000 the first ever European Race Relations legislation received political agreement at a meeting of Social Affairs Ministers in Luxembourg, including proposals to shift the burden of proof in civil cases against employers and other organisations accused of racism Ð and in favour of the victim.

equiring (and having obtained) unanimity amongst the The general principles Ministers, this agreement represents a major step forward of Article 13, however, are not themselves legally binding. To give Rin race relations and anti-discrimination both in the effect to Article 13, the Commission proposed a package European Union and the UK. This directive is the first measure to consisting of two draft directives – one focusing on equal be adopted under the new powers to combat discrimination treatment in employment (the Employment or Framework introduced by the Amsterdam Treaty. Home Office Minister on Directive), the other on equal treatment of people irrespective of race equality, Mike O’Brien, stated: “The EU directive on race racial or ethnic origin (the Race Directive) – proposing a sends a signal to Europe, to the world, that we are serious about minimum standard of legal protection against discrimination tackling racism. This is an important step forward in the fight throughout the European Union, and an Action Programme to against racism both at home and in Europe. … Like Britain, most support practical efforts in the member states to combat of Europe is multi-racial. We all benefit economically and socially discrimination. The Race Directive is the first of these proposed from this diversity.” measures to have been passed. Employment Minister Tessa Jowell commented: “This is very Following political agreement, EU Employment and Social good news for the UK and for Europe and I am delighted to give Policy Commissioner Anna Diamantopoulou said: “This the UK’s wholehearted backing to the proposals. … Some British agreement, only a year after the Amsterdam Treaty came into press reports have suggested that these proposals are bad for force, is a clear sign of the commitment of the Community Britain and bad for business. That is absolute rubbish. No institutions to people’s fundamental rights. The directive will reasonable person could possibly find these proposals strengthen protection against racial discrimination across the controversial. The CRE welcomes the proposals, as does the CBI, Community and shows that we can make a practical and positive as has the House of Lords select committee.” difference to the everyday lives of our people.” The legal basis for the European Commission to propose The directive prohibits racial discrimination in the areas of legislation to combat racism, such as this directive, was finally employment, education, social security, healthcare and access to made possible with the ratification of the Amsterdam Treaty goods and services and ensures that victims of discrimination will (1997), which included a new non-discrimination clause under have rights of redress in all Member States. It also requires Article 13. Member states to designate a body for the promotion of equal treatment, which will provide independent assistance to victims of Article 13. Non-Discrimination Clause discrimination in pursuing complaints. In addition, the directive ÔWithout prejudice to the other provisions of the Treaty, will extend to countries wishing to join the European Union – and within the limits of the powers conferred by it upon the most of which have little or no existing protection against race Community, the Council, acting unanimously on a proposal discrimination, and form a component of their accession from the Commission, and after consulting the European strategies. Parliament, may take appropriate action to combat With Member States having three years from its coming into discrimination based on sex, racial or ethnic origin, force in which to take the necessary measures to implement it, the religion or belief, disability, age or sexual orientation.Õ Race Directive will provide a common legal framework of Continued on back page

In this Issue: Framework and Race Directives ¥ After Lawrence: Race and Prisons ¥ Police Training ¥ Black Representation ¥ Employment Conference Sessions on Legislative and Voluntary Action and on HR ¥ MEB: Questions and Debates ¥ Asylum and Immigration ¥ Ethnic Equality in Denmark ¥ Research: Muslim Families in Europe ¥ Immigration and Discrimination Legislation reviewed Biggest breakthrough in British race relations for a quarter of a century

Preceding political agreement on the Race that our words are turned into reality. Directive by the Social Affairs Council, the The UK's Commission for Racial Equality is just one example of this in Europe, and I am pleased that some of the European Parliament voted a strong resolution in best lessons of the UK's Race Relations Act, alongside best supporting the directive at its meeting on 18 May practice from other member States, are being translated into European law today. in Strasbourg and handed down its Opinion. UK The European Parliament should be aware that the elements Labour Euro-MP, Richard Howitt, co-author of I have outlined are intrinsic to the legislation and that, as Rapporteurs, we have come to a clear understanding with the the European Parliament's Report on the new Portuguese Presidency that – in return for our cooperation in legislation, addressed the European Parliament as accelerating parliamentary approval – those elements will form a minimum in the final directive agreed. co-rapporteur for the race directive. Let me turn to the specific improvements we propose and which we expect to be accepted: that incitement or pressure to and my party are proud to contribute to legislation which discriminate is banned just as much as the discrimination itself; establishes common standards of protection for the victims that groups as well as individuals will be able to bring cases Iof racial discrimination throughout our continent. This including a legal status for voluntary organisations to engage in will send a clear signal to the racist extreme right that they have civil dialogue, a partnership to implement the directive for the no part in modern Europe and it closes the chapter of racism, first time; that the scope of the new law is clearly applied to all antisemitism and xenophobia which tragically blighted our public authorities; that conciliation is offered to resolve history in the century just past. disputes without prejudice to the right of access to the courts; Racism is not an opinion - it is a crime. and that the effectiveness of the new law is tested one to two The 24-year old black care worker set on fire in a racist years, not five, after its implementation. attack in Britain, the five neo-Nazis convicted of beating two In addition, I ask the Commissioner to address specifically Vietnamese people in Germany, the French authorities cited by in her reply: first, our additional demands for application of Amnesty International for torture of a Moroccan-Dutch the principles of the directive in the policies and programmes national, - all of which took place in Europe this very week - of the EU itself; second, the right for public authorities to are simply the most require companies to visible examples of racial demonstrate compliance discrimination which is with anti-discrimination the daily experience of in awarding contracts; black and ethnic third, the importance of minority Europeans in statistical monitoring, if our businesses, we are genuinely to communities and on our combat discrimination. streets. Today the Finally, I offer my European Parliament sincere congratulations to places on record our Kathalijne Buitenweg for belief that this legislation her work and I thank her will concretely tackle for her cooperation with such racism. The shift in me in bringing this before the burden of proof Parliament. All Members because the should acknowledge the discriminator holds all of campaign by the anti- the information, will racist movement

guarantee greater fairness Euro-MP Richard Howitt with a banner for the Parliamentary Group of the Party of throughout Europe, in the way that European Socialists national groups such as complaints are heard. the UK Race and Europe The definition of indirect discrimination will enable covert Network in my own country, the European Network Against action, which is more pervasive and more insidious, to be Racism and in particular the Starting Line group, who have challenged. There will be implementation by genuinely worked for 20 years to get this legislation. For them today is independent bodies with sufficient funds to do their work, so still simply the beginning.

2 The Runnymede Bulletin June 2000 PRISONS & POLICING After Lawrence: Race and Prisons ÒI want this report to serve as a watershed in our attitudes to racism. I want it to act as a catalyst to permanent and irrevocable change, not just across our public services, but across the whole of our society. This report does not place a responsibility on someone else. It places a responsibility on each one of usÓ (the Home Secretary, on 24 February 1999, presenting the Stephen Lawrence Report to Parliament.). Dennis Valentine, of NACRO's Race Unit, assesses whether criminal Dennis Valentine, Prison Development Manager with justice agencies measure up to the Report's recommendations. NACRO. Photo courtesy of Prison Service News.

lthough many of the recommendations in the Stephen which has been developed by the Prison Service to tackle race Lawrence Report are aimed at the police and the Crown and equality issues internally, prisons have now at least been AProsecution Service, the underlying principles of the given a ‘vision’ to work to. It is essential that the Prison Service report should be applied to all criminal justice agencies, which play its part, as the Stephen Lawrence Report says, in producing share responsibility with the police for ensuring a fair and non- “… a criminal justice service which is accessible and discriminatory criminal justice system. This includes the Prison acceptable throughout to all those who experience it.” Service, which was one of the first criminal justice agencies to put in place a Race Relations Policy statement, and has had one Institutional racism in place since 1986. The current statement reads: ÒInstitutional racism consists of the collective failure of ÒThe Prison Service is committed to racial equality. an organisation to provide an appropriate and professional Improper discrimination on the basis of colour, race, service to people because of their colour, culture or ethnic nationality, ethnic or national origins, or religion, is origin. It can be seen or detected in processes, attitudes and unacceptable, as is any racially abusive or insulting behaviour which amount to discrimination through language or behaviour on the part of any member of staff, unwitting prejudice, ignorance, thoughtlessness, and racist prisoner, or visitor, and neither will be tolerated.Ó1 stereotyping which disadvantage minority ethnic people.Ó

The importance of addressing race policies effectively is The Report notes that institutional racism – which does not emphasised by the fact that for many years racial minorities mean that all individuals in an organisation are racist – is not have been over-represented in the prison system. As at March limited to police services, but operates in many organisations, 2000 the figure stood at around 18%, compared to just 5% of including criminal justice agencies. When black and Asian men racial minorities in the general population. Race Relations and women are received into prison, either on remand or Management Teams (RRMTs) and Race Relations Liaison sentenced, they may feel that the process which led them there Officers (RRLOs) are tasked to lead on the development and was neither impartial nor fair, and that they have been the implementation of race policy locally. There is a need to ensure subject of some form of discrimination, whether direct or that they appreciate the wider issues regarding how an indirect. A strong sense of injustice has an impact on prisoners’ individual’s experience of discrimination will impact on their perception of imprisonment and their relationships with prison perception of the prison system. staff and other inmates. There are many lessons to be drawn and principles to be absorbed from both the Stephen Lawrence Report and the Prison staff need to be informed and aware of the Home Secretary’s Action Plan (published in March 1999 and differential impact of the criminal justice system on people setting out the Government’s proposals for implementation) from racial minorities, and to have an understanding of the which could be applied to prisons with great effect. Senior impact of institutional discrimination. managers in prisons should be prepared to take the initiative and be proactive in drawing on the practical implications of the The Report continues: Report and to draw up their own action plans to take the recommendations forward. With the RESPOND programme, It is incumbent upon every institution to examine their policies and the outcome of their policies and practices to 1 All displayed quotations used in this article are from the Stephen Lawrence Report, unless guard against disadvantaging any section of our otherwise indicated. communities.

The Runnymede Bulletin June 2000 3 It is essential that RRMTs put mechanisms in place to Race Relations Act 1976 to cover all public services – including monitor the impact of their work. The annual Race Relations prisons. Perhaps even more significantly, from 2000 onwards, checklist, which is a self-audit, has been updated and is a useful when the Human Rights Act 1998 comes into effect, Article 14 tool, as are the statutory audits carried out by the Prison of the European Convention on Human Rights will apply to all Service. Sir David Ramsbotham, the Chief Inspector of Prisons, public authorities, including criminal justice agencies: has recognised the importance of involving voluntary agencies on his inspections, particularly when looking at look at race ÒProhibition of discrimination: relations. Ethnic monitoring, which should also be carried out, É the enjoyment of the rights and freedoms set forth in is another valuable tool for spotting trends or patterns that may this Convention shall be secured without discrimination on need to be investigated. The use of ethnic monitoring should be any ground such as sex, race, colour, language, religion, extended to cover all key decision-making points, particularly political or other opinion, national or social origin, where staff have discretion, as it is here that indirect association with a national minority, property, birth or other discrimination can occur, however subconsciously. status.Ó (Human Rights Act 1998) What is required is a comprehensive audit of all practices, not just race relations policy, in relation to their impact on The likely impact, although too early to predict, could different groups of prisoners, to ensure that the outcomes of encompass areas within prisons such as access to education and policy do not put any one group at a disadvantage. employment, availability of goods and services, as well as location of prisoners, adjudications and punishments. Openness and accountability Report Recommendations 3-11 contain ideas for promoting “a Racist Incidents vigorous pursuit of openness and accountability”. Prisons can Report Recommendations 12-19 spell out the new definition work to achieve this by: of a racist incident, and give guidelines on how they should be • Developing more openness about their work: prisons reported and investigated: should involve more local community groups in their work, particularly on race, and provide more information about and ÒA racist incident is any incident which is perceived to be access to establishments to outside agencies in general, to racist by the victim or any other person.Ó staff and to prisoners' families. • Developing lay or independent involvement: the principle The Government has adopted the new definition for use by established by the Metropolitan Police Service, which has set all criminal justice agencies, including the Prison Service. up a Lay Advisory Group to advise its Racial and Violent Crime Force, could be applied to prisons. Local Race Prisons, particularly RRMTs, should encourage the Equality Councils and other community groups can be asked reporting and recording of such incidents, ensuring there to help initiate lay panels, drawn as widely as possible from is a safe environment and procedure in which to do so. different communities and age groups. These can act as They should also ensure they are properly investigated sounding boards in local areas and become a rich source of and outcomes monitored. Local awareness training advice when developing, for example, a training strategy. should be arranged, involving local community groups. Lay panels could assist prisons to recruit more racial minority staff from local areas, for example, or develop a Training strategy to combat racist harassment in prisons. They could help to devise and deliver a training programme. ÒÉ not a single [police] officer questioned before us in 1998 had received any training of significance in racism Prisons need to consider ways to assist community awareness and race relations throughout the course of his or groups to work with them. Resources should be allocated her career.Ó to cover consultancy cost and other expenditures. Report Recommendations 48-54 concern training in racism Developing individual accountability: a sense of personal • awareness and valuing cultural diversity (many addressed accountability for ensuring trust and confidence can be specifically to the police) which have all been accepted by the promoted through well-planned work-based training; Government. efficient management and effective supervision of the impact of individual or team work on race relations in prisons; using Recommendation 51 suggests that consideration be given to promotion and appraisal systems to encourage progressive joint training with other agencies. Training must have direct work on race relations. impact on daily operations and working practices. It must tackle the stereotyping and assumptions that lead black people to be The legal imperatives perceived as suspects rather than victims, witnesses, professional colleagues or partners in tackling crime. ÒÉ the principle which should govern the police services, and indeed the criminal justice system, is that they should be The Prison Service (and individual prisons) should involve accountable under all relevant legislative provisionsÉÓ . local community groups or organisations in planning and delivering training, as suggested in Recommendation 50. The Government has introduced legislation to extend the

4 The Runnymede Bulletin June 2000 Selection, recruitment, promotion and retention RRMTs and has carried out surveys on race relations in these Recommendation 59 suggests that selection and promotion prisons. Their recently completed ‘Race and Prison Survey Report’ standards should be monitored and assessed regularly, and was launched at a conference in London on 9 May 2000. Recommendations 64-66 discuss recruitment and retention The RESPOND programme is underway; the new definition specifically. of a racist incident has been adopted and the Prison Service Race The Home Secretary has set recruitment targets for all Relations Order 2800 has been updated. The Director General’s criminal justice agencies, and argues that it is important for Advisory Group on Race, which includes members of voluntary these agencies to reflect the communities they serve. With the organisations (NACRO among them), is reviewing many areas of advent of local recruitment in prisons, the onus is on prisons policy, including the recording and investigating of racist incidents to ensure that their recruitment practices are non- and the role of the RRLO. This progress is welcomed, but there is discriminatory. more to be done at local level to ensure that these policies translate to practice, and that the Prison Service is working in the spirit of Prisons should review the present recruitment and the Stephen Lawrence Report: retention policies, and devise a strategy to improve recruitment from minority communities. They should also ÒThere is a striking and inescapable need to demonstrate look at what needs to be done to ensure that, when recruited, fairness, not just by Police Services, but across the criminal black and Asian staff can be retained. justice system as a whole, in order to generate trust and confidence within minority ethnic communities, who The breadth of the recommendations – covering not only undoubtedly perceive themselves to be discriminated against services for victims of racist crime but also stop and search, by Ôthe systemÕ. Just as justice needs to be Ôseen to be doneÕ partnership, recruitment and education – reflects the nature of so fairness must be Ôseen to be demonstratedÕin order to criminal justice. Although many recommendations in the generate trust.Ó Report apply specifically to the Police Service, many also apply directly to the criminal justice agencies, including the Prison Fairness and justice in prisons is something to aspire to and it Service. It is the responsibility of each agency to examine their is something that can – and must – be achieved. policies and practices to ensure that they operate in a fair and non-discriminatory way. NACRO's Race Unit publishes a newsletter under the title There has been progress within the Prison Service. NACRO ÔRace Policies into ActionÕ. For further information about this (the National Association for the Care and Resettlement of newsletter and the work of NACRO's Race Unit contact 169 Offenders) has been working closely with a small number of Clapham Road, London SW9 0PU [tel: 020 7582 6500].

Comment on the survey report launched at Nacro's ‘Race and Prisons’ conference on 9 May 2000

This report has reviewed the findings of a rather small and underlying principles of equality, fairness, humanity and not particularly scientific snapshot of prison life. The results dignity are, for them, lost amongst vague allegations of do not come as a surprise. They confirm other, larger perceived political correctness and unfairness to the white research studies; and they corroborate the experience of majority. To be one of very few Black or Asian prisoners NACRO staff and under the total control of someone holding these attitudes many others who must be truly terrifying. have regular It would appear that the Prison Service's message – its contacts with policy, its RESPOND programme, its high-level public prisons around the commitment – is not yet getting through. Policy is not country. understood. Training – where it is given at all – does not It is shocking equip staff to deal fairly with each other or with those in that, after 20 their charge on a day-to-day basis. Race Relations Liaison years of policy Officers are not only overworked but short of the training and practice, and resources to do the job properly. This is not new – some prison RRLOs have been making these points since RRLOs first staff are still existed. capable of Is the Prison Service confident that it can demonstrate holding such compliance? Can it deliver these basic human rights? If it attitudes as cannot, it is time for a radical new approach. those As a first step, the Service should commission an expressed in internal inspection of racism in prisons, conducted by a this report. small team of independent experts, to report by the end of Any this first year of the new millennium. Dennis Valentine

The Runnymede Bulletin June 2000 5 PRISONS & POLICING Promoting Community Involvement in Police Training As a Consultant/Evaluator to the NAPAP Project (NGOs And Police Against Prejudice), Dr Robin Oakley has been involved in a Europe-wide initiative that seeks to involve NGOs and community groups with police training for enhanced understanding of multiculturalism and positive relations with all ethnic groups. Here he reports on how this body has, over the last 2 years, contributed funds and expertise to the cause of improving communityÐpolice relations.

(NGOs) and community groups. The NAPAP Project, ‘NGOs ollowing the Brixton Disorders in 1981, the Scarman And Police Against Prejudice’, has provided funding directly to Report recommended that all police officers should receive NGOs to undertake local, regional or national-level initiatives, Ftraining in community and race relations – not only as and also for the exchange of experience and mutual learning by recruits, but also throughout their professional careers. This means of regular transnational workshops. Eleven local projects recommendation was then elaborated in a more radical and were established in nine European countries: Austria, Belgium comprehensive report on ‘Community and Race Relations (French-/Dutch-speaking), Denmark, France, Germany (Berlin/ Training for the Police’, produced by a Working Party set up by Frankfurt), Italy, Netherlands, Spain and UK. the Police Training Council in 1983. With a membership which The specific aim of the UK Project has been to develop ways of included some of the most experienced members of the black enhancing the direct involvement of contributors from the community, the Working Party's thinking on many issues was well minority ethnic communities in police training on racial and ahead of its time – including, for example, its recommendation ethnic issues. Initially sponsored by the Commission for Racial that ‘institutional racism’ should be addressed in police training. Equality, the UK Project was coordinated by Reading Council for Since 1983, the Home Office has established successive Racial Equality. Reading CRE had already established a ‘specialist support units’ for police training on race issues, and partnership with the national Police Staff College at Bramshill to many specific initiatives have been undertaken by the police. involve contributors from local minority ethnic communities in However, for a long while there was a lack of effective some of its training courses. The UK Project provided for this coordination and follow-through for these various initiatives, so work to be strengthened and extended to other training that progress has tended to be slow and at best uneven when programmes at Bramshill, through a range of initiatives that viewed from a national perspective. It may have been shocking, included increasing the recruitment of community contributors, but it was also hardly surprising that one after another of the providing briefing workshops for them, and through the police officers questioned at the Lawrence Inquiry stated that they appointment of a part-time Training Coordinator at Reading had not received any training on race relations issues. It is only CRE. now – after almost 20 years, and following the new impetus A second component within the UK Project has been based at provided by the Stephen Lawrence Report – that National Police Greenwich Council for Racial Equality, which entered into Training is finally introducing standards and a national strategy to partnership with the Metropolitan Police to contribute to training ensure that race issues are addressed effectively throughout all core in the area covered by the London Borough of Greenwich. This police training. partnership provided for Greenwich CRE to contribute to the Of all the recommendations that originate from the 1983 training of three groups of officers: new recruits, existing officers, Working Party Report, the most neglected has been that for and specialist staff in the local ‘Racial Incidents Unit’ (now the involvement of ‘lay contributors’ from the minority ethnic ‘Community Safety Unit’). As in Reading, community communities in police training. With few exceptions, police contributors have been recruited, and briefing workshops training establishments have over the years proved extremely provided for them. The Borough includes areas where there have reluctant to enter into genuine partnerships with community been a number of racially motivated assaults and murders, groups for help in delivering community and race relations including that of Stephen Lawrence. A major focus in this training training. has therefore been on improving police performance in dealing Apart from inviting supposed community leaders to give talks with racial incidents. With its strong emphasis on community on an occasional basis, police trainers have usually preferred to ‘do participation and partnership, the approach adopted in it themselves’. Community experience and skills have been Greenwich has provided a lead model for the programme of local ignored (or found too threatening), and opportunities to generate training on race issues that is now being implemented throughout trust and confidence have been wasted. the Metropolitan Police. During the past two years, an EU-funded project has been By way of conclusion to the NAPAP Project, Reading CRE operating, not only in Britain but across Europe, to try to together with its partners organised a national conference to stimulate police training on racial and multicultural issues, and to disseminate the results of the UK Project. This conference, held promote the involvement of non-governmental organisations on 30 March 2000 at the Police Staff College at Bramshill, was

6 The Runnymede Bulletin June 2000 attended by representatives of police forces and RECs/community out a vision and set of standards to be aspired to across Europe. organisations from across Britain. Keynote speakers included This emanated from a Europe-wide conference held in Rotterdam Trevor Hall (Race Equality Adviser to the Home Office), Chief in 1996, and its promotion is now supported by an international Constable Tony Burden (Vice-President, Association of Chief foundation based at the Rotterdam Anti-Discrimination Council Police Officers), and Bob Purkiss (representing the Commission (RADAR). for Racial Equality). The scope of the conference was not As a result of these kinds of activities, models of ‘good practice’ restricted to training, but covered community involvement in a for tackling many of the failures in police–community relations wide range of areas of police activity. The aim was to identify identified by the Lawrence Inquiry Report are now readily principles and examples of good practice, and to disseminate these available. Is there the political will in government and police widely. A report of the conference is in preparation. organisations to actually implement these across Britain – and The basic premise of the UK Project, and indeed of the indeed Europe generally? One certain lesson from past experience NAPAP Project as a whole, has been that improving relations is that there will have to be continued pressure and participation between police and minority communities is not a task that police from community groups and anti-racist bodies if the fine words can achieve on their own. we often hear are to be translated into real and enduring It requires an open, honest and equal partnership between both organisational change. sides. It also requires participation by the local civic authorities, who in Britain now have statutory responsibilities under the For further details about the UK NAPAP Project generally, and to Crime and Disorder Act. In both Reading and Greenwich, the obtain copies of the conference report, contact Rajinder Sohpal, local councils have been active partners in the NAPAP Director of Reading CRE and Coordinator of the UK Project (tel. Programme, and have helped to formalise public, multi-agency 0118-986-8755; fax. 0118-931-4786). For information about the commitments in the form of the ‘Reading Declaration’ and the Greenwich component of the project, contact Makhan Bajwa, ‘Greenwich Accord’. Both these were inspired by the Rotterdam Director, Greenwich Council for Racial Equality (tel. 020-8855- Charter ‘Policing for a Multi-Ethnic Society’, which aims to set 7191; fax. 020-8317-3707).

POLITICAL REPRESENTATION What hope for black representation? Trevor PhillipsÕs recent comments in the press and media about institutional barriers to black political representation in politics have stimulated a debate that has been waiting in the wings for some time. Rushanara Ali of the Institute for Public Policy Research looks at how recent election campaigns for the London and regional assemblies have Rushanara Ali – working on a failed to attract or represent the black vote. cross-party study

peaking after the Mayoral and the Greater London Assembly rightly pointed out, only 2 black candidates gained seats in the elections, Trevor Phillips has expressed long-held frustrations Assembly through the party list system. Many in the black and Swithin the black community.1 Black people feel they have Asian community are rightly disappointed that in London, where been banging on about lack of political representation for years, one-third of the population are from ethnic minority groups (with but nobody listens. One of the most passionate campaigners was a projected rise to 40% by 2004), there was such a poor outcome. the late Bernie Grant MP. As the Prime Minister pointed out in a A truer representation would have delivered 8 black Assembly tribute to him: “Few causes were more important to him than members. increasing black representation in the Commons and throughout The picture is bleak all round – only 3% of councillors, only 2 political and public life. One day, I hope it will be commonplace MEPs, and only 8 MPs are black or Asian. In the Scottish to have black and Asian MPs at Westminster.” Parliament and the Welsh Assembly there are no black or Asian representatives. As Simon Woolley, Chair of Operation Black Vote ‘…the picture is bleak all round…’ and a tireless campaigner on this issue, pointed out: “ black representation should be central to the devolution and democratic reform debate. It is almost a test of whether democratic reform is So why is this issue coming to the fore now? One could argue working. At this stage of the game, it clearly isn’t. As a result, too that the low representation of black people among those elected to many black people believe that Blair’s project and democracy as a the new GLA was perhaps the last straw. After all, as Phillips whole is not for them.” Why do we need better representation? For a start, there is a 1 The Observer, 21 June 2000.

The Runnymede Bulletin June 2000 7 strong business case for diversity, throughout politics and public Low voter turnout and increasing voter apathy among young life. Better-quality decisions are made if decision-makers are not black people will mean a fall in the support the Labour Party over-represented by just the ‘usual suspects’. Better representation enjoys. This could be costly for the party in the forthcoming in politics of both women and ethnic minorities is healthy for general election if, as expected, the Government’s majority is not democracy. A case in point is that even a small increase in black as high as in 1997. Labour needs to act to engage this section of and Asian Peers (from 6 in 1997 to 11 in 1999) enabled them to the electorate if it wants to retain their support. Also, if we accept force a significant amendment to the Race Relations the analysis provided by Dr Shamit Saagar of Queen Mary & (Amendment) Bill. Westfield College, that upwardly mobile black and Asian people Similarly, despite the ‘Stepford Wives’ criticism aimed at will increasingly vote for the Conservative Party, as is the case with Labour women MPs, these 101 MPs have had an important Indians, and given that they are more likely to live in socially influence on government policy. Since 1997, they have not only mixed constituencies, rather than inner-city safe Labour seats, strongly influenced the formation of policy – targeting child their votes could become more significant to the Conservative poverty, reforming the Child Support Agency and maternity Party. Despite the rhetoric on asylum, it is as important for the grants, for example – but have campaigned to ensure mainstream Conservatives to take seriously the lack of black representation as policies adapt to take account of their impact on women and it is for the other parties if they want to attract more of the ethnic children. minority electorate and exploit these new trends. There is strong evidence of disengagement among the ethnic Given that there is a strong moral, political and electoral case minority electorate. Voter registration and voter turnout for this for black representation, why has nothing been done about it? group is lower than for all other groups. An Operation Black Vote Discrimination plays a part in this lack of change – the fewer black survey found that 27% of black and Asian people are not recorded people there are in an organisation, the harder it is to reform its on the electoral register, compared with around 6% for the rest of culture. But there is a wider issue too, which marks out black the population. Electoral invisibility is even higher among young, representation from women’s representation and which has led to black men. The most damning finding arises out of research by more decisive action on the latter, and that is to do with numbers. Professor Muhammad Anwar (at the University of Warwick) Whereas women comprise over 50% of every constituency, there which suggests that 40% of the black and Asian electorate is not yet a constituency with a majority of black and Asian people consistently refuse to vote. – although some are coming close. There is also increasing evidence that lack of representation in The final issue relates to disputes and division within black and politics is a cause for voter disillusionment among members of the Asian communities, which has sometimes hindered progress on black and Asian community, and especially among the young. A electoral representation. The challenge for the black and Asian recent survey of black and Asian voters in the GLA elections found community is to put the goal of achieving representation over and that “young people were most likely to be deterred (from voting) above any internal factionalism, which means avoiding the by the lack of a black candidate”.2 destructive contest of deciding which ethnic group’s candidate Another survey, conducted by MORI before the last general wins the selection battle. election, found that only 16% of black youths aged between 18 So what needs to change if we are to tackle this problem? It is and 25 said they were sure to vote. In the past, most young black clear that discrimination, where it exists, needs to be stamped out. people said they “vote for Labour because it's what my parents Secondly, more party support and resources for black and Asian did”. It’s now a myth that Labour can rely on the ethnic vote as it candidates would help them break through any existing barriers. did in the 1950s and 1960s, because the new generation of ethnic An example to be followed is the use of Emily’s List for Labour minority voters won’t vote Labour just because their parents do or women MPs and the newly established EQ group set up to do just did. The black vote is increasingly up for grabs. that for black and Asian candidates. Finally, Trevor Phillips has There are currently 78 parliamentary constituencies with more suggested the use of targets (not quotas). But we need to ask than 15% black and Asian people. Of these, 25 constituencies ourselves whether this is enough. have over 30% black and Asian people. A further 125 Is there something more radical and systematic that needs to be constituencies are estimated to have more than 10% ethnic done before we see real change? How else could we work to raise minority constituents, and the numbers are set to increase – which the level of black and Asian electoral representation – as both local could have a profound effect on all three political parties, government and parliamentary candidates and as voters – in the particularly in marginal seats and with an increasing awareness of short term and bring it up to levels of statistical equivalence in the and tendency towards tactical voting. not-too-distant future? In the past, the voting behaviour of ethnic minority groups has been predictable, and overwhelmingly in favour of the Labour Party, for whom the ethnic vote was very much “in the bag”. IPPR have responded by embarking on a cross-party study, due to Between 1983 and 1987, 68–81% of Britain’s Asians voted publish later in 2000, which plans to make recommendations for Labour, and 85–88% of black people voted Labour compared overcoming these barriers to the better representation of ethnic with 46% of the general public. But this relationship is becoming minorities in British politics. The aim is to look at the procedural, more tenuous, with new trends emerging among the black and legal and institutional barriers to black representation in politics, and Asian electorate – a good reason for less complacency and more in the interests of consulting widely, they are interested to hear from action from all the main political parties, even if purely for selfish groups or individuals with positive views by mid-July 2000. Contact party political motives. Rushanara Ali at IPPR on 020-7470-6100 for further details.

2 “Black and Asian Voters and the London Mayoral Election”, David Owen and Mike McLeod, CRER, University of Warwick.

8 The Runnymede Bulletin June 2000 EMPLOYMENT CONFERENCE II

In our March issue we covered keynote presentations and the research that under- then the law, until its recent amendment, pinned RunnymedeÕs ÔCorporate Face in EuropeÕ Conference of 7 February. During had several shortcomings. It did not cover the second half of that day, five breakout sessions addressed questions that included: acts of indirect discrimination or ethnic harassment by co-workers; and, most identifying and accessing the talent; changing company cultures; setting standards noteworthy, it was necessary to prove and monitoring diversity; managing diversity; and sharing strategies for change. discriminatory intent on the part of employers, a difficult task in all but the most blatant situations. This may explain Finding the right balance the low number of complaints and an even lower caseload. The need for legislative and voluntary action Session 4 examined the effects and practicalities of legislation, Affirmative action, employment equity, contract compliance standards and voluntary codes on company practices related to While individual complaints-driven anti- managing diversity Ð taking a strong European focus. At that session, discrimination protection is also an Lori Lindburg, then a Senior Associate at the Migration Policy Group, instrument of US and Canadian employer regulations, these countries have made the presentation that opened the session, and which appears here introduced more interventionist measures in an edited version. requiring employers to demonstrate concrete efforts to eliminate barriers for he theme of this presentation was which are perceived as giving preferential groups that experience disproportional inspired by work that came out of treatment to certain ethnic groups, often exclusion from the labour market. Ta project carried out for the clash with European principles of equality Despite some important distinctions Migration Policy Group (MPG) a couple and are believed to heighten awareness of between the US and Canadian systems, of years ago, which looked at corporate difference, produce expectations of both Canadian and US officials cite practices aimed at immigrant and ethnic entitlement, undermine social cohesion concrete positive results from their minority communities in 16 cities. and, some even suggest, fuel ethnic respective regulatory approaches. Both It was made the subject of MPG’s third conflict. Moreover, these approaches rely countries, however, experience varying Transatlantic Dialogue meeting – which on ethnic monitoring, which is in large degrees of backlash connected primarily to included senior officials and business part anathema to the European approach. the mandatory establishment of numerical practitioners from Europe and North Few European countries – with the notable targets for recruitment and outreach. America, who debated the merits and exception of the UK and the Netherlands ‘Quotas’, ‘reverse discrimination’ and drawbacks of regulating employers versus – permit ethnic registration of employees. ‘preferential treatment’ are labels that voluntary action on the part of companies. Most European companies are engaged adhere to both systems, and are arguably Knowing that this was essentially a in some form of ‘positive action’ - i.e. making it difficult for such discussions to ‘strawman’ argument, since this is not measures aimed at improving the get off the ground in Europe. really an either/or issue, we were trying to employability of ‘disadvantaged persons’ provoke a discussion and begin to identify through such actions as special-language or Self-regulation and other effective governmental interventions for vocational training, for example. voluntary corporate practices encouraging, compelling and assisting On both sides of the Atlantic, private-sector employers to actively remove Anti-discrimination legislation demographic changes and an expanding barriers to employment and mobility for To the extent that European countries global market are leading some companies minority communities. regulate employment practices, it is to extend their internal and external primarily in the area of prohibiting outreach to minority communities, Regulating employers racial/ethnic discrimination in the labour irrespective of the regulatory framework. The persistence of direct and indirect market. This, too, varies by country, with As noted earlier, many European discriminatory practices towards minorities most states including such offences under companies share a common objection to – and their disproportional representation criminal law, and still fewer under civil law affirmative action/positive discrimination in the unemployment statistics – has led or a combination of the two. (The limits of policies (in some cases, the fear of governments in Europe and North America the former include difficulties of burden of increased pressure to legislate is itself a to adopt various instruments to regulate proof issues, compensation, and attitudes prime motivator of corporate voluntary the practices of employers. of law enforcement authorities.) action in this area), preferring, instead, In contrast to North America, It is also important to consider the equal treatment policies that do not take European approaches in general reject the components of anti-discrimination ethnic background into consideration. notion of ‘protected groups’ defined on the regulation. If we look at the case of Such ‘colour blind’ approaches, in spite basis of ethnic or racial origins. So-called Sweden, for instance: until 1994 it was not of employers’ predominantly well- ‘positive discrimination’, ‘affirmative possible to bring cases of ethnic intentioned efforts to treat all employees action’ or ‘contract compliance’ measures, discrimination in the workplace, and even equally, often overlook the subjective

The Runnymede Bulletin June 2000 9 governmental and corporate sectors. What then should be the various roles of each sector, and how they can be effectively balanced to maximise each sector’s capacity to act? While it is not appropriate or possible to define the right balance for individual countries and contexts, there are a few important issues Lori Lindburg (2nd from left) listens alongside Colin Hann (to her right) and Stephen Pittam (far left) that merit mention: rights of access; while Claude Moraes (foreground) replies to a question during Breakout Session 4 at the Runnymede Employment Conference. Session chair, Mary Coussey, is seated to Claude's left. rewards and enforcement; a social policy agenda. processes that can result in discriminatory drawbacks of a regulated versus an treatment of individuals precisely because unregulated approach to employment Rights of access, movement they are different – i.e. once in, “act like us”. practices, what do the various systems Many in Europe point to the fact that If not, they may be regarded as unsuitable demonstrate? most European governments still have for promotion, and so on, simply because In the United States and Canada, one much to do in terms of facilitating access their differences appear to make them less sees positive results from an approach that to and opening up mainstream institutions qualified. obliges employers to review their personnel to persons of immigrant and ethnic In another look at voluntary action, we policies, identify barriers and develop minority backgrounds. For this reason, see that in countries where employment concrete strategies for removing them. As a discussions about equal employment practices are regulated, several companies, consequence of measures compelling opportunity in Europe must be driven by a compelling set of business corporate (and governmental) offices to accompanied by discussions of legal issues, are moving well beyond the demonstrate sincere efforts to expand their residence rights, citizenship, voting and requirements of law in their initiation of outreach to excluded groups, one has free movement rights. programs targeting diverse communities. begun to see a gradual change in the faces ‘Diversity’ programs assume difference of corporate, governmental and other Flexibility, rewards and enforcement itself adds value to the enterprise, and that offices in North America. In imposing certain requirements and organisations which “harness individual Nevertheless, these systems have prohibitions on employers, governments differences will be more effective and generated significant backlash, particularly may seek to identify a system that requires competitive” than those which do not. in the United States, making serious minimum interference – the preferred Although many of the companies in the discussions on the subject particularly course of most employers – while offering US, Canada and the UK claim such difficult in Europe. (There are also a sufficient deterrents to potential offenders. corporate policies would continue even if number of shortcomings to an affirmative Components of an effective legislative the legislation were to be repealed, most action program that diversity policies seek framework must, at minimum, provide agree that the legislation has played an to remedy.) protection from ethnic discrimination important role in facilitating their present Many lament that voluntary efforts in and, in particular, recourse through civil course of action. Legislation, they suggest, Europe are more the exception than the law. This should be accompanied by some acknowledged the problem, put it on the rule, and suggest that legal pressures are form of monitoring and enforcement, so as political agenda and laid the ground rules, needed to help ‘kick-start’ the process, and not to rely exclusively on individual which set the stage for subsequent to effect much broader change in complaints. Introduction of recourse for innovations in practice. employment and other practices. In other discriminatory treatment into civil law These policies have now gained a words, where companies are most active in could be viewed as a necessary first step for momentum of their own. They are eliminating racial and ethnic barriers to several European states. decidedly market-driven and directly employment opportunities, their action is Beyond this, individual states will need linked to demographic reality, and part of set against a legislative backdrop that compels to determine the degree to which they are these companies’ efforts to remain the them to do so. Some ask whether Europe willing to stimulate employers to widen most competitive businesses in a diverse must also go through a period of more their outreach or to invest where they global marketplace. interventionist legislation to get to the otherwise might not. In deliberating how This raises an obvious question – point where diversity policies are a part of and to what degree to regulate employers, whether the business case is compelling core business activities. governments could benefit from the enough. Is it possible that voluntary action following considerations: on the part of employers aimed at creating Finding the right balance (a) Government as business: employer and employment opportunities for As noted earlier, casting the debate as one purchaser. Policies aimed at employers are disadvantaged individuals will eliminate of legislative versus voluntary measures is less likely to draw objections from the the need for regulation in this area? There an artificial device designed to draw out private sector, and are more likely to be is hope among some that if businesses take the merits and limitations of both successful, if the government imposes the the lead in regulating their own approaches. Clearly, effective action to same requirements on itself. Governments employment practices, governments will ensure equal employment opportunities should make a greater effort to lead by not have to. for traditionally excluded groups example. When considering the merits and necessitates interventions from both the (b) Consultations with business. It is

10 The Runnymede Bulletin June 2000 important that governments, where Recruitment in large companies: possible, solicit the views and input of company representatives when designing the HR experience employment strategies and regulations with which businesses are expected to Breakout Session I examined issues of supply of qualified Black and comply. Ethnic Minority (BEM) graduates Ð at the point of graduating from In continental Europe, this should be accompanied by a concerted effort to look universities Ð and then moved on to explore recruitment issues from for new consultation mechanisms to graduate to senior level and public appointments. Dr Dwain Neil, replace atrophied, formal consultation structures between employers' associations, Global Recruitment Manager for Shell and a CRE commissioner, took labour unions and government. as his key messages: corporate complexity, leadership challenge, Consultations that actively enlist private- showcasing BEM talent, and demographic changes, and made the sector input could be a useful strategy for determining the likely success of future following presentation to the session. employment initiatives. Legislation ought to take into Corporate complexity means in practice is that leading employers consideration an understanding of must re-examine their recruitment business issues. As the President of a US ecruitment in large corporations is processes and make them more inclusive, Network of large companies and minority- seldom an easy matter – the larger so that they will continue to have first pick owned businesses recently stated, the “early Rthe corporation the more complex of the best young talent. contract compliance efforts in the US were the recruitment challenge. There is evidence of this realisation essentially social programs run in a If we focus just on senior level consolidating among leading corporations, business context, and were an unmitigated recruitment, i.e. the talent that has the which have created diversity VP roles with disaster because they did not address the potential and capacity to rise to the highest responsibility for the design and delivery of core business issues of a corporation”. It is levels of responsibility, then recruitment the staff diversity strategies necessary to only in the last decade that such programs complexity increases with the size of the win access to this diverse pool of top also met companies’ needs. corporation, as the range of talent needed talent. Anecdotally, this response is not yet grows at least proportionately. Each as widespread and systematic, as it should A business social policy agenda distinct part of the corporation argues in be. However, the momentum is building An effective balance also hinges on a favour of its own skills set, and the across Europe. similar willingness on the part of corporate corporate HR function is charged with practitioners to find effective strategies for pulling this into a framework that meets Internal barriers to top black and conveying their interests to policy-makers. the business sector, regional and corporate ethnic minority employment In elaborating a broader social policy criteria. These barriers can include: agenda, companies could be (and are) Given these internal tensions, it is no • Ambivalence about the meaning of the considering: surprise to find that the issue of diversity in statement “an equal opportunities • how they may assist governments in recruitment is taking a long time to rise to employer”, with discontinuity between their transition from welfare states; the top of the corporate agenda. It could the response of HR recruiters and the • helping to highlight the contributions be argued that it is only the steady shift in expectations of line managers. of immigrants and ethnic minorities to national and regional demographics that • Patchy knowledge of company policy individual enterprises and economies; has stimulated corporate rethinking of its on diversity; marginal understanding of • taking public stands against extremism recruitment approaches. Ample evidence the composition of the supply markets; and other forms of intolerance; of diverse talent emerging from and a low level of competency from line • and exporting these and other good universities, business schools and the like managers involved in final staff practices through business partnerships. has driven diversity in recruitment into the selection processes. consciousness of some corporate leaders. • No HR systems in place for tracking With this input, companies can assist in This is most evident in North America and monitoring the selection trends of the development of legislative frameworks where talk of the “browning of the US line managers (or their observance of that protect against discrimination, population”, owing to the growth in corporate policies). monitor compliance, yet still allow Hispanic and African-American popu- • Lack of diversity leadership from companies to pursue their core business – lations relative to the white American male directors at board level, from ExCom in other words, a legislative framework segment, is widespread. leadership, and from HR functional that allows sufficient space for corporate Over the last 20 years, top talent is leadership. voluntary actions. emerging in greater diversity (by gender • No clear and inclusive vision of what and ethnic groups) worldwide, most diversity should be or look like. At the time of making this presentation, certainly in some European countries, and • Clear diversity targets identified – Lori Lindburg was Senior Associate with the it is commonly accepted that corporations, neither for the business, nor by gender Migration Policy Group, Brussels. She is now which attract the best talent, are likely to and major ethnic groups. at SF Works in San Francisco. gain a competitive advantage. What this • Inadequate training for managers/

The Runnymede Bulletin June 2000 11 the business overall. find a shortage of shop-windows for black The HR leader who engages a and ethnic minority talent. In the US, leading recruitment agency or organisations such as the National Black Search company and does not Engineers Association, the National Black comment on the desired MBA Association, the NAACP and many candidate diversity that it wishes others have long track records, 20–30 to receive is not exercising years, of showcasing African-American responsible attraction leadership. talent. It is possible to go even Each regularly holds large careers fairs further by proposing that the to facilitate the meeting of major recruitment agency or Search employers and African-American talent company that maintains a across the USA. The largest such careers narrow band of candidates fair is organised by the NBMBAA, and (whether by gender, age, ethnic attracts around 10,000 candidates who origin, etc.) is inviting over two days can meet with over 350 competition by segmenting to major employers. an extreme extent, and will In the UK and across the EU careers remain vulnerable to market fairs are by no means new. However, share attack from competitors. careers fairs that target black and ethnic minority talent are in their infancy: Government's leadership • 1997 the National Mentoring Dr Dwain Neil addresses participants at an afternoon breakout challenge Consortium (NMC) held their first session of the Runnymede Employment Conference on 7 February 2000. The future for talented black and careers fair for BEM students in East ethnic minority candidates may London University well be quite different from the • 1998 the African-Caribbean Finance recruiters responsible for selecting top past, if recent developments continue. Forum (ACFF)/NBMBAA partnership black and ethnic minority talent. UK Government leadership shifted in held a careers fair at The Design Centre, 1999 when first the MoD and then the Islington Taking another perspective Home Office announced targets for BEM • 1999 the FCO held its first careers fair Recruitment is the art of attracting, recruits to the armed forces and the Civil for BEM talent selecting and closing viable agreements or Service. The background to these • 2000 the NMC plan to hold BEM contracts with target candidates. So the announcements is well known and is careers fairs in several places across the business leader who simply calls for 20 or founded in the Government’s desire to UK. 30 new recruits (be they graduates, create an inclusive Britain that will become Undergraduate development pro- MBAs, qualified accountants, engineers, a beacon within the EU. grammes have been pioneered over the last commercial lawyers or A-level school If the private sector can be expected to 15 years by the likes of the Windsor leavers) and who says nothing about their follow the example set by the public sector, Fellowship charity. However, the level of diversity composition is not really we can expect the leaders of the private corporate commitment or interest in the exercising responsible leadership. sector to set aspirational recruitment graduates emerging from these In the same way, the HR functional targets and to re-engineer their programmes is unproven. There is an head that receives a simplistic request for recruitment processes to become more urgent need for bigger and better 20 or 30 new recruits and does not inclusive and accountable. showcasing opportunities for black and challenge or probe for their composition, This challenge will be met only if the ethnic minority talent in Europe as a using a diversity lens, is also not really private-sector leadership, at the highest whole. Leading corporations and black exercising responsible functional level, respond to the political example set and ethnic minority organisations should leadership. by Government in the UK. I believe that address this need and agree viable The HR recruiter who trains line private-sector leaders should make arrangements. managers for campus interviewing and diversity an essential part of their In the UK the data shows that the assessment centre duties, but does not Corporate HR strategy. If this were done proportion of graduates emerging from the assess their diversity sensitivity and we should find that diversity targets would black and ethnic minority communities is monitor their actual appraisal of a diverse be held in the same high regard as other high relative to the white community. The set of candidates, is also not performing business measures such as ROACE, NIAT impact to be made by this growing pool of the job at the highest level. and market share. talent will depend on the response of The HR department that has an EO employers (public and private), policy, but does not update its tired Showcasing black and ethnic recruitment agencies, professional attraction programmes to target the full minority talent institutions and black and ethnic minority range of top talent that exists in the supply Enlightened future employers in Europe professional organisations. pools, is most likely not exercising can be helped in their diversity campaigns responsible departmental leadership, and by learning from the US experience. Dr Dwain A Neil is Global Recruitment hence will not be adding sufficient value to Comparing the US with the EU, we Manager with Shell People Services Ltd

12 The Runnymede Bulletin June 2000 ASYLUM AND IMMIGRATION The Asylum Debate – haunted by the ghost of Enoch Powell?

In many ways 1999 was a watershed year. A long campaign for justice by the Lawrence family and the official recognition of institutional racism meant that there were serious prospects of an advance in anti-racism. Ed Mynott takes stock of what has been happening since the beginning of year 2000. Ed Mynott is a researcher specialising in issues around immigration and asylum.

irstly, little more than a year after publication of the Stephen for creating a climate in which parties like the BNP can grow. Lawrence report, a racist campaign is in full swing. Not Thirdly, the Conservative Party is not alone in the campaign Fsurprisingly, this campaign has taken place in the arena of against asylum seekers. The record of the Labour government on immigration, and specifically over the issue of asylum seekers. the issue of asylum has been truly shameful. The Immigration and Much of the national press has carried articles, couched in a Asylum Act was explicitly premised on an acceptance of the fallacy frenzied tone, that direct the worst kind of attention towards that it was cash benefits which attracted economic migrants to the asylum seekers. Of course, stories like this are not new. The same UK. The phrase ‘economic migrant’ has been twisted from its themes, expressed in much the same language, have recurred for original meaning of ‘labour migrant’ to become a synonym for over a century (as Edie Friedman pointed out in ‘A Century of ‘international benefit scrounger’. Once a government has adopted Jewish Immigration’ in the December 1999 issue of this Bulletin). this kind of logic, no wonder it is prepared to pick and mix the Yet familiarity with the phenomenon should not blind us to the worst aspects of other European Union states’ asylum policies, sheer volume and relentlessness of the recent onslaught. It is not dispersing asylum seekers and forcing them to live on vouchers. necessary to subscribe to a belief that national newspapers exercise But it goes beyond the Act itself. Government ministers have an unshakeable control over the ideas of their readers to recognise taken every opportunity to present themselves as tough on asylum – the very real damage done by recent press campaigns of from Barbara Roche’s beggar-bashing to Jack Straw’s grisly promise misinformation and incitement to hatred. to deport every passenger on the hijacked Afghan jet which arrived at Secondly, the leadership of the Conservative Party has sought Stansted Airport in February. Perhaps worst of all was his threat, to resurrect the political ghosts of Enoch Powell and Margaret issued in April, that Kosovan refugees who in 1999 were given 12 Thatcher. The Conservatives’ local election manifesto talked of months leave to remain, must now leave the country or face the loss Britain being ‘flooded’ by ‘bogus’ asylum seekers. William Hague of all benefits and, ultimately, deportation (Guardian 18 April 2000). describes Britain as the ‘soft touch’ of Europe, without a mention The government loudly complains, with justification, that the of the Balkan war, nor the other civil wars and dictatorships which Conservatives are playing the race card, but seems oblivious to the lie behind most refugee flows. It is then a short step to the chilling fundamental lesson of immigration and racism of the past 40 Conservative proposal that all future asylum seekers should be years. Appeasing racists does not undermine them, it strengthens placed in detention centres on arrival. them. We know this from the debates around the Aliens Act a The Conservative Party is unlikely to drop its campaign against century ago and the assault on black Commonwealth citizens in asylum seekers. William Hague believes that his shift to the right the 1960s. It is tempting to say that, on the question of over asylum (and law and order) heralds a Conservative electoral immigration, the racists got Labour on the run in the 1960s and recovery. Many commentators disagree. But Conservative electoral they have been running ever since. recovery is not the only thing at stake here. The more immediate This must be understood in a broader context where the impact of Conservative tactics – and the general climate of immigration policies of individual European Union states are suspicion and blame which those tactics feed from and reinforce – coordinated and informed by a ‘fortress Europe’ mentality. has been signalled by Nick Hardwick of the Refugee Council: “We Writing in the early 1990s, Robert Miles described accurately why are extremely concerned that there appears to be a growth in the immigration would continue to be revisited as a political issue: number of racially motivated attacks, at the same time that the ÒThe political objective of strict immigration control language of some politicians and newspapers is becoming more conflicts with the reality of ... continuing migration flows and and more extreme” (Guardian 19 May 2000). with the constraints on the ability of the state to enforce Equally disturbing are the claims coming from the extremist further controls. Every official statement expressing support British National Party. According to their leader, Nick Griffin: “The for the ÔprincipleÕof increased control therefore legitimates asylum seeker issue has been great for us. We have had phenomenal political opposition to immigration within the electorate in growth in membership. It’s been quite fun to watch government circumstances where the state faces structural constraints on ministers and the Tories play the race card in far cruder terms than its ability to deliver what it promisesÉÓ. 1 we would ever use, but pretend not to. This issue legitimises us”

(Guardian 20 May 2000). If the Conservative Party wants to take the 1 Miles, R (1993) Racism after ‘Race Relations’, London: credit for its own electoral gains, it must also take some responsibility Routledge, p.206.

The Runnymede Bulletin June 2000 17 As long as governments are determined to exhibit their toughness by strengthening immigration controls, racism will The Amsterdam Proposals periodically erupt into the official political - or how to influence policy debates on asylum and immigration discourse with catastrophic consequences for anybody (whether migrant or British-born) In their editorial introduction to this useful and timely publication, Jan Niessen and whose ‘race’ places them outside of a national Susan Rowlands have written the following. “In March 2000, the Immigration Law Practitioners' Association (ILPA) and the ideal inevitably contaminated by racism. Migration Policy Group (MPG) published The Amsterdam Proposals: The ILPA/MPG If this were the whole story, we might proposed directives on immigration and asylum. That report contains proposals for conclude that history simply repeats itself Directives on asylum, family reunion, long-term residents, visas and border controls, and that prospects are bleak. I believe that admission of immigrants and irregular migrants. Each commences with a detailed would be a mistake. The impact of the explanatory memorandum setting out the relevant legal and political considerations, Lawrence family campaign was real. It and concludes with the text of a proposed Directive. The proposals reflect the views came after more than a generation of anti- and concerns of non-governmental organisations. law practitioners and academics racist struggles which mobilised and active in the fields of immigration and asylum, and are intended to assist policy makers influenced large numbers of people, both in the European Union in formulating their legislation. The ILPA/MPG proposals are black and white. Hence the significance of called The Amsterdam Proposals as a clear recognition of the fact that the Amsterdam the speech by Bill Morris to the TUC Treaty has both empowered the European Union institutions to act on immigration and asylum, and provided a time-frame of five years within which legislative and other Black Workers' Conference in April where measures have to be adopted by the EU. he argued that Home Office policies on “In order to stimulate a policy debate across the European Union, involving both asylum had “given life to the racists” and governmental and non-governmental actors, it was felt necessary to publish an called for the scrapping of the “degrading executive summary of The Amsterdam Proposals, together with concrete suggestions and inhuman” asylum voucher scheme as to how to influence national and European policy debates on immigration and (Independent 15 April 2000). asylum. Therefore, ILPA, MPG and the European Network against Racism (ENAR) Nor is Morris alone within the trade produced the present publication in English, French and German. It elaborates on and union movement. As someone who has takes forward the proposals made in the publication Guarding Standards – Setting the helped to circulate a public statement Agenda published in April 1999 by the European Council on Refugees and Exiles, against the witch-hunt of asylum seekers, I ENAR and MPG. Chapter 1 looks at the policy agenda and explains why these was greatly heartened to see that public proposals have been formulated. Chapter 2 summarises The Amsterdam Proposals. Finally, Chapter 3 makes concrete suggestions as to how to stimulate a policy debate statement taken up by the National Union on these proposals. of Journalists. Since then, several national “The Amsterdam Proposals reflect civil society's high expectations of the amended trade unions have shown their support and Treaty establishing the European Community and in particular its new Title IV on the nine trade union general secretaries have creation of an area of freedom, security and justice. ENAR, ILPA and MPG view The joined the thousands of people who have Amsterdam Proposals as their contribution to the debates at the European and national added their names. What a contrast with levels. This publication aims to stimulate and to deepen those debates.” 1968! Then, in one of the most depressing episodes of labour history, London dockers Brussels/London April 2000 and Smithfield meat porters struck and marched in support of Enoch Powell. Contents cover: Today the trade union movement has 1. The European Policy Agenda 2. The Amsterdam Proposals. Proposed directives on: Asylum; Right to Family placed itself firmly and publicly in the Reunion; Long-term Residents; Visas and Border Controls; Admission of Migrants; camp of those who are determined that the Irregular Migrants ghost of Enoch Powell will not return to 3. Influencing the National and European Policy Debates haunt us – and they have done it under a Labour government. Copies of The Amsterdam Proposals Ð or how to influence policy debates on asylum Anti-racists should collectively identify and immigration are available from any of its co-publishers: the campaign against asylum seekers as racist and by arguing this corner strongly, help ENAR MPG bring it to an end. In the words of the ‘Stop 205 rue Belliard, 1040 43 rue de la Charité, 1210 Racist Scapegoating’ public statement: Brussels, Belgium Brussels, Belgium “Asylum seekers deserve our compassion and Tel: 32 2 2305930; fax: 32 2 2800925 Tel: 32 2 2293570; fax: 32 2 2293575 email: [email protected] email: [email protected] help. They do not deserve to be vilified and treated as criminals. We call on everyone ILPA who is sickened by the witch-hunt against Lindsey House, 40-42 Copyright © ENAR/ILPA/MPG – April 2000 asylum seekers to make their voice heard.” Charterhouse Street, isbn: 1 901833 04 6 Dr Ed Mynott is based in the Department London EC1M 6JN, UK of Applied Community Studies at Tel: 44 20 7251 8383; fax: 44 20 7251 8384 Manchester Metropolitan University, and email: [email protected]; web: www.ilpa.org.uk can be contacted on: 0161-247-2152; or by email at [email protected]

18 The Runnymede Bulletin June 2000 POLITICS IN EUROPE Something rotten in the state of Denmark

Bashy Quraishy, member of the Danish Board for Ethnic Equality and Vice-Chairman of the Federation of Ethnic Minority Organisations, contrasts Denmark's image as a tolerant society with the reality of daily life for its ethnic minority inhabitants.

ith its excellent reputation for respecting human rights The Danish and promoting equality among its citizens, Denmark authorities want Wfor a long time has been a symbol of modernity, proof that the humanism and democracy. This image, however, has recently marriage is a love taken a nose-dive. International newspapers (such as the Herald marriage, that the Bashy Quraishy: “authorities have to show Tribune, Le Monde, Le Figaro, Svenska Dagbladet, Frankfurter couple have a 3-year political will and moral courage”. Allgemeine, De Telegraf and The Guardian), magazines (Profil, The apartment contract, Economist) and TV stations (CNN and Dutch TV) around the and minorities have to prove that their loyalty lies with Denmark. world started digging below the surface and found that "there was something rotten in the state of Denmark", as Hamlet ‘…the laws from 1998 and 2000 prophetically proclaimed so many centuries ago. contain some of the most restrictive We the ethnic minorities in Denmark have been suffering institutional racism, ethnic-cultural and religious discrimination elements in the world,…’ and legal violations of our basic human rights for many years. Some of us have tried to protest via the media, NGOs and In her standard article to different media, Karen Jespersen has Ministerial Advisory Boards, and in international and EU-forums, used nearly half the space to talk of "forced marriages", without but to no avail. Consequently, we are thankful for this new outside referring to any survey, written proof or documentation for her focus on our society. absurdly inflated accusations. Many ethnic minorities, including Reaction from the Official Denmark has been a predictably educated, well-spoken young women, have tried to explain to her furious denial. The latest example is articles published by the in person, in debates and through the media, the difference Interior Minister, Karen Jespersen, in many Danish and between a forced marriage and an arranged marriage. She has international newspapers, where she has depicted Denmark as the brushed aside all their impassioned arguments and pleas for custodian of minority rights, and in which she accuses the foreign understanding. media – especially the Dutch – of not telling the whole truth in All decent human beings – Danes and non-Danes – should be their Danish coverage. It is hard for her to grasp that it is not only against forced marriages. It is inhuman, unjust and cruel to force the friendly Dutch but the whole wide world which has anyone. But the remedy is campaign, information and dialogue unpleasant things to say about her little Denmark. with the parents. To make it a part of "Aliens' Law", is purely populistic and political. Incidentally, forced marriages and In her latest media blitz, she insists that : performa marriages are already banned by Danish Criminal law. • it is not forbidden to marry a foreign woman under the age of From 1994 to 2000, Social Democratic-led governments have 25 years formulated and pushed through nearly 26 restrictive laws in the • there are mosques in Denmark parliament, as a direct response to the ever increasing clamour • Denmark does not have barbed-wire asylum centres from Social Democratic mayors and right-wing parties. The • a foreigners-hating political party is not on its way to power present government is very worried about the popularity of the • her government does want minorities to have equal rights, anti-foreigner People´s Party of Pia Kjærsgård, whose nationalistic opportunities and responsibilities and culturally racist appeal has struck a chord among the voters, • Denmark has Europe´s or maybe the world´s first complete especially those from the Social Democratic heartland. The latest integration law. polls show that in the coming parliamentary election, the Danish People´s Party will gross nearly 20% of the popular vote and could While we are appreciative of the positive sides of the be a partner in the new right-wing government. We can see the Integration law of 1998 and of the new laws for better integration writing on the wall. strategies, the fact remains that the laws from 1998 and 2000 Permanent residence permits are no longer given automatically contain some of the most restrictive elements in the world, in after 3 years' stay. The rules for expulsion are being tightened so which the right of ethnic minorities to marry, with parents' help that aliens may be expelled in case of imprisonment for only 4 (commonly known as arranged marriage), is abolished, and so is years. The so-called anti-narcotic "Pusher Law" is now being used their right to bring their spouses to Denmark if they are under 25. to deport more and more permanent residents from among ethnic

The Runnymede Bulletin June 2000 19 groups with a criminal record. society but also wants to dictate and establish the terms and Unemployment among ethnic minorities is between 50% and conditions for integration. 70%, depending upon the group. Ethnic doctors, engineers and When one reads the Integration and Aliens' Act in full, one can other professionals are not given jobs, youths do not get easily note that lack of integration is blamed entirely on the apprenticeships and a whole generation of Ethnic Minorities with immigrants and refugees. No acknowledgement is given to an excellent command of language and high qualifications from problems of integration that have arisen because different Danish institutions, cannot even progress as far as a job interview, governments have failed to coordinate their efforts to resolve the let alone get a job. Many official surveys confirm this fact. situation for aliens. The tone of the public debate is very nasty and What has this or any other government done to remedy this the abuses of rights so widespread that the DRC (the situation except blame the minorities? As a direct result of Documentation and Advisory Center against Racial discriminatory laws, lack of protection and bleak prospects in the Discrimination), the only institution to document and advise foreseeable future, there is an increase in migration from Denmark against racial discrimination in Denmark, cannot keep up with to Canada, USA and the UK by educated refugees and the incoming complaints. There is no official institution to which immigrants. Somalis, in 1998, requested UNO to find them minorities can individually complain. Denmark has been time and another country of residence. According to the latest opinion again admonished by the United Nations Committee on the survey among the ethnic minorities in Denmark, by Catinet Elimination of Racial Discrimination, Amnesty International, the Research, every fifth person wants to leave Denmark because of UN-NGO in Denmark, the former Justice Minister Ole Espersen discrimination (politiken 27.4.2000). and the Council of Europe. Recently 1038 prominent Danes from all walks of life took out ads in the national newspapers under the ‘…every fifth person wants to leave title "We are ashamed to be Danes". They called the official Denmark because of discrimination…’ Danish immigration policy “the most restrictive in Europe". We at the Board for Ethnic Equality believe that in order to achieve a successful integration, authorities have to show political The police, the airport authorities, social services, hospital will and moral courage – to admit that actual structural and personnel, business companies and tax offices openly practise institutional racism exists in Denmark. The politicians need to discrimination without the slightest hesitation. Ethnic minorities acknowledge that the ethnic minorities today are being are refused entry to many dance-halls, bars and discotheques. discriminated against on all levels of society. It is imperative that Socio-economic marginalisation is diminishing both will and the majority representatives sit down with minorities and discuss, motivation among ethnic minorities. Many among them, with an open mind and an open heart, all the problems they have especially the youth, are turning their backs on the Danish way of created for the minorities and the problems minorities have living in despair and in protest. They either find refuge in religion created for themselves. Through these discussions, a consensus or express their anger by becoming violent and committing crimes. could appear which would help both parties to find ways of Ethnic minorities are routinely given bad, expensive housing in resolving these problems and bring down the barriers against socially deprived areas. Though there are no slums in Denmark, integration. It is ethnic minorities’ socio-economic problems that the ministers and other public figures routinely call those areas need attention, rather than finding themselves exposed to where minorities live ‘ghettos’, even if these areas are lush green, outdated notions of European cultural superiority or a rigid have beautiful buildings and people are happy to live there. The version of Danish identity. government encourages the policy of making minorities almost invisible. Many political parties suggest spreading minorities around the housing areas through use of quotas. The same is Identity – Faith not Ethnicity happening in schools, where authorities leave it up to the local councils to practise illegal redistribution of minority children to British Muslims have been urging Parliament not to waste a different public schools, in spite of the free choice of local schools. vital, once-in-a-decade opportunity and vote in favour of Politicians of different parties regularly suggest taking away the including a question on religious affiliation in Census 2001. The right of minority children to learn their mother tongue in school, Muslim Council of Britain wrote to the Prime Minister urging him a right guaranteed by international human rights conventions and to intervene to secure the Government's declared policy, saying: “It would be the single most important step taken by the EU directives. Government to recognise not only the needs of the faith Islam, the second largest religion in the world and also in communities but also clear recognition of religion as a living Denmark, is not officially recognised by the Danish State. There force in our society.” are no mosques or muslim graveyards, common in every other EU June was the make or break month for printing the question country. Political leaders, including Interior Minister Karen on the census forms, and failure to secure the amendment (by Jespersen, Prime Minister Paul Nyrup Rasmussen and even the Private Members' Bill) to the twice-deferred Second Reading leader of the largest socialist party Holger K. Nielsen, are on would have meant that British Muslims and members of other record for having castigated minority cultures as primitive and faith communities would have had to wait another 10 years to underdeveloped, with inferior human values.1 The Prime Minister become visible as a community of faith within British society. has said on many occasions: “Denmark should not be a The Government eventually allowed time on 20 June, within its multicultural society and we will do everything to avoid being own legislative programme, for the bill to get its second reading. After a 3-hour debate and a vote in which 10 members opposed one” Danish society not only refuses to accept a multicultural it, the bill now goes to standing committee with the expectation

1 In the pages of Jylland Posten (21 May 2000), Berl Tid (27 October 1999) and Politiken (16 that the Committee and the remaining stages will pass smoothly. November 1999) respectively.

20 The Runnymede Bulletin June 2000 RESEARCH PROGRAMMES Social Existence and Social Care New Perspectives on Muslim Families in Europe In 1998, the Runnymede Bulletin published the initial findings of a research study being carried out at the University of North London. The study,which began in 1997 under the title ÔMuslim Families in Europe: Social Care ProvisionÕ, held a dissemination conference on the findings in 1999, hosted by the London Borough of Islington.1 In October 2000 a special issue of the journal Current Sociology will carry a selection of the research papers. Here Fatima Husain, Principal Researcher on the project, summarises their findings.

n collaboration with the voluntary presence of Muslim minorities, an of statutory services, and respondents sector,2 the University of North understanding of two important interviewed for this project reported ILondon carried out a cross-national characteristics of Muslim communities is incidents of discrimination which they felt qualitative study on the concerns of crucial. The first is that Muslim were based on prejudice born out of Muslim individuals and families within the communities are not homogeneous as is ignorance against Islam and Muslims. context of permanent settlement as often portrayed and, secondly, that However, even a limited knowledge of minorities within the European Union. spirituality and religious principles play a welfare concerns within a Muslim context The main purpose of this European Union significant role in the daily life of many would indicate that the idea of the welfare funded3 study was to investigate the needs Muslims. If demographic data were to be state is not that incompatible with Muslim of Muslim families and to evaluate gathered at the national or EU level on principles of charity (zakat and sadaqa). whether these needs were being met by religious identification as well as on ethnic In the three countries, issues to do with either the non-profit or the statutory and national origins, it would go a long family life coalesce around familiar themes: sectors. way towards dispelling the myth of gender roles and the welfare of young The findings were based on semi- homogeneity, and highlight the richness Muslims. With girls, the primary concerns structured interviews with Muslims, social and cultural diversity of Muslim are for marriage and education, whereas care professionals and academics as well as communities. Furthermore, it would also with boys the focus is more on on a small number of focus groups of indicate that Muslim communities in delinquency, crime and unemployment. young Muslims. Partner organizations in reality constitute a very small proportion Again the tendency is to view these issues the London Borough of Islington, in of most national populations and that in the context of a homogeneous group of Brussels, Belgium4 and in Copenhagen, there is no mass Muslim invasion taking ‘Muslims’, without concern for the Denmark5 arranged all interviews and place. external environmental factors that affect most of the Muslim interviewees were Understanding the significance of family life. These factors include: existing or former clients of the voluntary religion in daily life is more problematic, education levels, social class, regional sector organisations concerned. particularly in countries such as Denmark differences and, not least, the impact of While a cross-national study of such a where the deep-seated underlying religious migration and settlement on family short duration has limited scope to gather nature of many social institutions is never structures and family life as well as the extensive data, several common themes examined. In fact, the refusal to accept the reality of existing as a visible minority in a emerged. It was clear that, while the policy role of religion or the tendency to view majority non-Muslim and seemingly and practice context is different in each religious influence on daily life as irreligious society. country and the Muslim communities antiquated are significant barriers to While both the statutory and under study were distinct in their ethnicity achieving dialogue and understanding. As voluntary-sector services attempt to cater and national origins, issues raised in one one respondent stated: “The focus on for diversity, and specific voluntary-sector country were also relevant in the other two Muslims is very intense here [Denmark]. groups (particularly in England) have been despite the diversity. Generally there is a negative attitude established to met the needs of specific towards religious people. Even people who religious and national groups, programmes Contents of the Final Report say they are practising Christians are that address the issues faced by Muslims in The final report outlines a host of concerns targeted. With Islam it is intensified.” a holistic and systematic way are rare. and makes a list of recommendations This cultural context of course has Although the debate on multiculturalism which would enhance social care provision implications for the provision of sensitive in Belgium is non-existent and its for Muslim individuals and families. social care based on individual need and Moroccan and Turkish minority However, there are some general issues circumstance; and the lack of acceptance of communities are seen as the ‘Muslim which we think are relevant not just for the religious principles as driving social and other’, some voluntary-sector countries involved in this study but for family life has led to social work being organisations have established impressive minority Muslim communities through- considered intrusive and ineffective by training programmes for disadvantaged out Europe. many Muslims living in Denmark. In fact, minority youth which have benefited For majority ethnic European in all three countries there appears to be a Muslim youth in particular. However, communities to begin to accept the knowledge deficit about Islam at each level concerns about the objectivity of

The Runnymede Bulletin June 2000 21 Husain, F. and O'Brien, M. (2000) ‘South Asian Muslims in Britain: faith, family and community’, in C. Harvey (ed.) Maintaining Our Differences: Minority Families within Multicultural Societies. Aldershot: Ashgate, in press. Husain, F. and O'Brien, M. (2000) ‘Muslim communities in Europe: reconstruction and transformation’, Current Sociology, 48(4) (special issue edited by F. Husain and M. O'Brien, in press).

Dr Fatima Husain is a Research Fellow at the University of North London and was the principal researcher on the EU project. She can be contacted at [email protected] At the April 1999 conference, seated in the foreground are Margaret O'Brien (L) and Fatima Husain (R). or at 17 Hatton Gardens, Mitcham, Surrey Behind them can be seen Yasmin Alibhai-Brown (L) and Lubina Haq, Head of the Race Equality Unit, CR4 4LJ. London Borough of Islington. Margaret O'Brien is Professor of Family interpreters, the need for specialised Social Care during a two-day Studies and Head of Research and training of social care professionals and the dissemination conference held in April Development at the University of North lack of inter-sector links are relevant for all 1999. Guest speakers at the conference, London. She can be contacted at three countries. chaired by Dr. Richard Stone,6 were [email protected] As of 1 September Although the issue of Muslim identity is Professor Tariq Modood (University of 2000, she will be at The Centre for Research highly topical and extensive academic Bristol), Yasmin Alibhai-Brown (IPPR) on the Child and Family, University of East discussions have taken place on identity and Mustafa Hussain (DRC, Copenhagen, Anglia, Norwich NR4 7JT. construction within minority Denmark). Apart from those attending the communities, especially in the context of conference from the three countries Muslim communities in Britain, there is a involved in the research, there were also lack of systematic research of issues participants from Austria, the Netherlands, Racial Equality significant for the Muslim community. Sweden, Germany, and Ireland. Studies at Middlesex While there are many small-scale studies Selected papers from the conference that have been carried out on Muslim will be published in a special edition of Offered as an MA, postgraduate diploma communities, there has not been a move to Current Sociology (Volume 48:4, October or postgraduate certificate course, Racial specifically include Muslim minorities 2000), and the remainder will be posted Equality Studies is a new and challenging within studies that examine ethnic on the Internet. For further details and postgraduate programme unique to minorities, and for certain there has been copies of the final report please contact Middlesex University. no comprehensive research carried out on Jennifer Spiegel (tel: 020 7753 5061; Taught by leading national and topics such as children's rights within email: [email protected]). international experts in the field, it aims to Islam and its implications in the European advance your systematic understanding of context, the changing role of fathers and Notes theory, policy and practice in the field of mothers, the evolution of marital 1. The Race Equality Unit, London Borough of Islington, Islington Town Hall, Upper Street, London N1 2UD, racial equality. With opportunities for relationships in a non-Muslim context, or England. Principal contact: Omar Ralph, Principal Policy independent research and workplace the occurrence and stresses of inter- Officer. 2. The Indo-Pakistan Cultural Centre, Indo Pakistan Cultural learning, this programme enables you to: religious marriages. Centre, 16–18 Hornsey Road, London N7 7BP, England. • Explore historical patterns and While our study highlighted concerns Principal Contact: Mr. Iftikhar Malik. 3. Funded by The European Commission Directorate General contemporary theory of global race- and problems, in each country efforts are V – Employment, Industrial Relations and Social Affairs. relations being made to develop social and health- 4. Service Social des Etrangers d'Accueil et de Formation, Boulevard de L'Abattoir 37, B-1000 Bruxelles, Belgium. • Critically evaluate policies redressing care services according to the needs and Principal contacts: Ms. Colette Bauduin/Ms. Nathalie institutional racism and racial injustice requirements of Muslim communities, and Koedinger. 5. Dokumentations og Rådgivmings Centeret om • Examine the key strategies of Muslims are actively involved in dialogue Racediskrimination, Medborgerhuset, Nørre alle 7, Post multiculturalism, human rights and with public institutions and policy makers. Boks 18, 2200 København, Danmark. Principal Contact: Mr. Khurshid Sultan. E-mail: [email protected]. equal opportunities. In addition Muslim families are in the 6. Dr Richard Stone is the Chair of the Commission on British Muslims and Islamophobia. For details, contact: process of negotiating tradition and Professor Heidi Safia Mirza (020-8362 change as they adjust to permanent 6279; [email protected]) or: Dr Sarah settlement and minority status within the Publications Neal (020 8362 6391; [email protected]) European Union Husain, F. and O'Brien, M. (1999) For an admissions pack contact: This EU study finished with the Muslim Families in Europe: Social Jane Fuller (020 8362 5444; launching of the project report Muslim Existence and Social Care. London: [email protected]) Families in Europe: Social Existence and University of North London.

22 The Runnymede Bulletin June 2000 LAW AND POLICY

measures against refugee migration, the lawyer's perspective, had been the Asylum in quickly copied in each EU state, were ‘safe third country’ appeals introduced in introduced: such as routine detention, the the 1993 Act. Where someone was imposition of visa requirements and the refused entry on the basis that removal to the New Age enactment of the Immigration (Carriers’ another (usually European) country Liability) Act 1987. These measures should proceed, since s/he had transited sought to make legal entry and recognition through it on the way to the UK, Prakash Shah, co-editor of United difficult and, at the same time, pushed challenges, especially those mounted by Kingdom Asylum Law in its European people into the hands of traffickers the Refugee Legal Centre, met with limited Context, outlines the political and charging exorbitant rates to enable flight to success. In response, the government take place. The death of 58 travellers from moved to eliminate the limited appeal right legislative environment in response China is the latest, and most visible, tragic in safe third country cases under the 1996 to which this and a forthcoming result of what occurs almost daily off Act, which meant that summary expulsion publication were written. Mediterranean shores, at a convenient was now possible on ‘safe third country’ distance from our television screens. grounds. The past decade has seen the Meanwhile, as the Home Office refused The 1996 Act was also responsible for enactment of three major pieces of more and more asylum applications, curtailing rights of appeal in other immigration legislation mainly concerned lawyers increasingly challenged these circumstances, for example, where a with the legal regulation of asylum seeking refusals in the courts. While the courts did person was found to have false or no in the UK. We have witnessed the Asylum not necessarily react with sympathy documents or was deemed to have and Immigration Appeals Act 1993, the towards the new migrants, the ensuing arrived from a safe country of origin - Asylum and Immigration Act 1996 and the delays that made expulsion a more remote Bulgaria, Cyprus, Ghana, India, Pakistan, Immigration and Asylum Act 1999. possibility, frustrated the government, and Poland and Romania were listed initially - These Acts, accompanying secondary built up a large case load that served to a strong hint in practice if not in law that legislation and more informal policy further politicise the asylum question. the application would be refused. These changes, have created inter alia a new In particular, it was concern to obviate provisions have survived intact in the structure for governments to deal with recourse to the judges that motivated Immigration and Asylum Act 1999, albeit asylum applicants. At the same time, the some of the main provisions of the Asylum that applicants will have the dubious term ‘asylum seekers’ has been and Immigration Appeals Act 1993 and the privilege of being able to invoke provisions superglued onto the repertoire of political Asylum and Immigration Act 1996. The of the European Convention on Human and legal discourse with an intransigence 1993 Act interposed a system of asylum Rights. that makes it hard to dislodge, while giving appeals by adapting the appeals structure Further procedural restrictions could be it a truth value of dubious validity beyond available under the Immigration Act 1971, in place by October 2000, when the 1999 its administrative relevance. After all, hedging it around with additional Act’s appeal provisions are due to come people would rarely want to perceive restrictions on adjudicators’ jurisdiction into force. Asylum applicants will be themselves as ‘asylum seekers’, mainly and imposing time limits. The Home Office unlikely to present their own appeals as because of the double-edged then confidently began to issue refusals of the procedures have become over- connotations associated with the term. But asylum cases, pending decisions, in their legalised in a system that was ironically what has the above-mentioned legislation thousands. designed to be user friendly, but which is achieved? The quality of decisions declined now entirely dependent upon Prior to the passing of the 1993 Act a significantly with very poorly argued management by lawyers. That will have number of factors led to the perception, refusal letters that were (and are) the inevitable consequence of highlighting within government circles in the UK and generally focused on undermining the legalistic points at the expense of a among other EU states, that it was applicants’ credibility and the facts or humane point of view. necessary to control refugee migrations. evidence adduced in support of their A logical consequence of the political In the 1980s a number of groups fleeing cases. Applicants then became rhetoric and the administrative from circumstances of civil war and dependent, to an unprecedented degree, recharacterisation that have accompanied persecution in their home countries, on the support of legal advisers who were the new legislation has been the notably Iranians, Sri Lankan Tamils, Kurds left to challenge the Home Office before distancing of most refugee groups from from Turkey, Somalis and Zairois, arrived the adjudicators. Experience of the the criteria of the 1951 Refugee in the UK. appeals system has been generally Convention and its 1967 Protocol. While These movements occurred in a hostile. Many don't get represented. An the EU’s immigration ministers arrived at a context of UK governments opposing any even larger number remain in the country Joint Position in March 1996 on the further primary immigration of non- but with no guarantee of obtaining legal definition of refugees under those European people, and against a status, leading to an expanding ‘sans instruments, in practice, the vast majority background of continuing settlement of papiers’ (literally, without papers) of asylum applicants are not seen as people from various Commonwealth population in the UK. qualifying under them. People have either countries despite legal restrictions. Some The one ‘success’ area, at least from been accorded the lesser status of

The Runnymede Bulletin June 2000 23 REPORT ‘exceptional leave to remain’ or, more existence in a legal twilight zone is the probably, have been accorded no status at only way to limited self-determination, all, leading as mentioned to a large sans albeit with no recourse to employment Religious papiers population in the UK, subject to laws, nor the much touted minimum wage being stopped and searched, arrested, guarantees. discrimination in detained and expelled under expanded The state thus remains impervious to powers given to immigration and police adopting a more sensible view of asylum England and Wales officers in the 1999 Act. migrants as potential economic Meanwhile, a revision of the 1951 contributors and continues to sanction Convention/1967 Protocol was canvassed legalised forms of discrimination. It is In January 2000 the Interim Report on by a paper issued under the Austrian EU therefore sad to note that ‘Africans’, whom Religious Discrimination in England and Presidency in July 1998, and the Home Home Office statistics show to be the Wales was published by the Home Office. The research project is based at the Secretary’s announcement in June 2000 largest group of asylum applicants by Religious Resource and Research that he was seeking to revise the 1951 region in the last decade, also suffer some Centre of the University of Derby and is Convention does not therefore come as a of the highest unemployment rates, due to complete in September 2000. In surprise. despite their also having some of the the meantime, an Executive Summary The 1996 Act also had the result of highest average qualifications among the has been published alongside the Interim politicising the link between asylum UK population. Report, listing key observations. The seeking and public support by its removal Developments in the last decade or so writers of the Executive Summary stress of non-contributory benefits from people have seen immigration policy return to its that the Interim Report “is based mainly who applied after having entered the UK Powellite underpinnings. On the one hand, on a literature review, the expertise of the or having had their claims rejected. This the state has been playing the ‘race card’ research team and initial consultation led to new challenges before local positively by launching a wide-ranging with relevant organisations and agencies [and] is not yet informed by the results of authorities once clever lawyers had public inquiry over the case of Stephen the project's formal research discovered that the National Assistance Lawrence, which continues to have public instruments”. Act 1948 still imposed some obligations, repercussions. On the other, it is Points arising from the literature however minimal, on the former. The instructive to note that the avid columnist, review and initial consultations include: arrival of Slovak Roma in Kent in late 1997 Yasmin Alibhai Brown, herself an Asian • Religious discrimination, approached revived a national debate about public from Uganda, has stated that under the in its own right, is a relatively under- support, and the government present asylum policies the Ugandan researched area. institutionalised a dispersal scheme under Asians would not have been admitted to • There is no unproblematic definition of the 1999 Act. This scheme makes the UK. religion, either in academic studies or eligibility for public support dependent on a Such a disjuncture, between the half- in law. person or family agreeing to be moved to hearted assuaging of the wounds of • Consideration of a legislative option should not be ruled out by the problem any part of the country without any choice Commonwealth migrants and their of definition. in the matter. descendants, and the highly authoritarian • Ethnicity and ‘race’ are also contested Dispersal programmes had been policies applied to more recent non- concepts that are not defined in the implemented in earlier years when European migrants, continues to provoke Race Relations Act. incoming migrants were perceived as doubts about the UK’s approach to • The European Convention of Human unacceptable on racial or cultural grounds. building a truly pluralistic society. Rights refers to religion without The two major experiments in the 1970s definition. were made with Ugandan Asians and the Dr Prakash Shah is Temporary • The Human Rights Act, 1998 also Vietnamese and, to the acknowledgement Lecturer in Law at the School of Oriental refers to religion without definition. of government departments and voluntary and African Studies, University of London. • Other jurisdictions have created laws agencies, neither ‘worked’, as people He is co-editor, with Curtis Francis against religious discrimination without defining religion. simply moved again to existing centres of Doebbler of United Kingdom Asylum Law Completion of the research project in settlement by ethnic group. in its European Context, London: terms of the application of its formal Although ‘asylum seekers’ are now Platinium and GEMS, 1999, with research instruments will allow classified as wards of the state, either on contributions by Nicholas J. Blake, consideration of a full range of possible support made conditional on dispersal or Nathalia Pendo Berkowitz, Geoffrey Care, policy responses to be grounded in held in an expanding number of camps Monica Feria-Tinta, Prof. Roel Fernhout, further information concerning the nature and detention centres, there is virtually no Kenneth McGuire, Richard McKee and and extent of religious discrimination, and the perspectives upon this of religious discussion of their right to employment. Debbie Winterbourne (available by writing communities and relevant agencies. On the other hand, the 1996 Act to Platinium Publishing Ltd, Queen Both the Executive Summary and the introduced powers to impose fines and/or Alexandra Mansions, Judd Street, Interim Report are available on the University imprisonment on employers of persons London, WC1H 0XG, e-mail: of Derby's Multi Faith Internet service without required documentation, the issue [email protected]) and author of a [http://www.multifaithnet.org]. The printed version (ISBN 0 90143 735 2) is © crown of which remains at the discretion of the forthcoming book, Refugees, Race and copyright 2000. The Home Office Information Immigration Service or the Home Office. the Legal Concept of Asylum in Britain, and Publications Group, Room 201, 50 Queen For people left without the right papers, London: Cavendish, 2000. Anne's Gate, London SW1H 9AT.

24 The Runnymede Bulletin June 2000 REVIEWS A question mark amidst the Òdominant cultureÓ

From Legislation to Integration?: Race Relations in Britain Edited by Muhammad Anwar, Patrick Roach and Ranjit Sondhi In the Series 'Migration, Minorities and Citizenship' Series editors: Zig Layton-Henry and Danièle Joly London: Macmillan Press, 2000 ISBN: 0 333 73316 9 (cloth edition) £45.00

his recently published edited legislation in Britain which, despite collection from the Centre for offering a crucial initiative for reducing TResearch in Ethnic Relations at the discrimination, have been lacking in University of Warwick considers the several respects. impact of legislation on race relations in (2) A comparison of UK developments Britain. Its title, From Legislation to with those in the US, in Europe and in and confused aims in the 1976 Act, all Integration? Race Relations in Britain, is international institutions. contributors stress the importance of the at first glance a cogent summary of its (3) An appraisal of the harm done by the law for removing the blot of discrimination subject-matter. A conspicuous question bifurcation of immigration and race in society. Indeed, the current mark, however, hovers in the middle of relations law, being both legally “consensus”, much lauded in the tabloids, the title, suggesting a variety of incoherent and socially divisive. regarding the “equal treatment” of races interpretations of the relationship in Britain is often dated from the 1970s, between legislation and integration. Since the volume was completed even by the Shadow Home Secretary The most straightforward reading of before the passage of the Race Relations Ann Widdecombe, who has voiced the question mark is that legislation does (Amendment) Bill and prior to the media support for the original Race Relations not, in fact, lead to integration, an upheaval regarding immigration and Act despite her usual hesitation with increasingly common position that has asylum seekers, references to these regard to legislative intervention. found voice in a large cross-section of the developments are notably absent. The British press. In the preface, though, the book's strengths, however, are its The form and structure of Race editors immediately focus on the Race historical and theoretical considerations Relations Legislation in Britain Relations Act of 1976 and explain the of the relationship between legislation A number of the articles examine the role need to locate race relations legislation in and discrimination, especially when set of the Commission for Racial Equality its historical context, a recurring theme of against anecdotal or (auto)biographical (CRE), and evaluate the extent to which it the volume. What is questionable about sketches in the national press that set out has been able to contribute towards legislation is not its necessity as a force to criticise an “untouchable reducing levels of racial discrimination as for social change, but rather its particular multiculturalist priesthood” of experts in envisaged at its founding. At a time when elaboration, specifically in the Race the “race relations industry” that is not the CRE is castigated as an example of Relations Act of 1976. The questions to only the greatest threat to liberty in Britain misguided government policy and poor be answered concern the objectives and today (The Telegraph), but is also more administration, it is imperative to spell out relative success of the legislation and harmful to happy race relations than the some of the structural and historical how different Britain would have today BNP and comparable to the “McCarthyite limitations placed on it. In particular, this without it, or with another form of the witch-hunt” in the United States in the volume illuminates some of the earlier legislation. 1950s (Daily Mail). history of the CRE, when its original As you read each essay, the question mandate to initiate formal investigations mark begins to hover over the term Indeed, through its historical, and at was curtailed. Indeed, the CRE is often ‘integration’ and the form of the law, times theoretical, lens this collection ignored by government policy makers, as rather than on the need for ‘legislation’. It delivers an appropriate and timely salvo most clearly evidenced when its is the specific means by which a against a populistic “common-sense” recommendations in 1985 and 1992 sustainable multi-ethnic Britain can be approach, evidenced most clearly in the received no reply from the Home fully realised that demand the most press, that eschews research data and Secretary. attention for the future. offers unsubstantiated claims that the In his contribution, Muhammad Anwar “race relations industry” should be points out that the CRE’s remedial Three main themes shape this volume: shelved as an illogical and powers are very limited. Even where the (1) Shortcomings of the form and counterproductive project. While the CRE has made suggestions, its viewpoint resultant structure established by the volume does note some significant holes is often ignored: while the CRE has

The Runnymede Bulletin June 2000 25 stressed the usefulness of ethnic record- developments as well as their historical long and honestly on the question of keeping and monitoring and their lineage and impact. identity and recognises that an individual’s importance in operating effective equal self-perception cannot be rejected or opportunity policies, these practices are Immigration law vis-à-vis race arbitrarily reconstructed since we cannot still only voluntary in Great Britain. In relations law exculpate our own particular histories. Northern Ireland, however, such As a recent flashpoint for media and Parekh then identifies four key concepts for monitoring is mandatory, much like in the political attention, immigration law a successful multicultural society and United States. demands further examination. However, concludes, quite cautiously, that a Geoffrey Bindman, on the other hand, this volume, compiled well before the reformed vision of Tony Blair’s notion of suggests that some of the legal volatile reaction to asylum seekers, offers British identity most closely meets these mechanisms given to the CRE were a very different viewpoint from that criteria. He does state that the Prime flawed, in particular granting it usually expressed in the media. Anthony Minister’s vision of British identity might be enforcement powers. Bindman stresses Lester concisely summarises his legal too commodified, as a way to “sell Britain and acknowledges that English and US judgement of immigration law: abroad” and that it is not fully sensitive to legal cultures and histories are quite cultural plurality; but he concludes dissimilar. However, he concludes that Our law has two faces. One face optimistically that, just as Britain the greatest failure of the 1976 Act was confronts the stranger at the gate, successfully faced the task of self-definition “to omit the two most effective and far- grudgingly and suspiciously; the in the 17th and early 19th centuries, so too reaching features of the American other is turned benevolently will it today. Such confidence could system: the power to order specific towards the newcomer and his perhaps be questioned by the “others” of remedial action through changes in descendants within the gate, that success, namely the Irish and management systems and policies; and guaranteeing the treatment of inhabitants of the later colonial the power to secure redress for members members of ethnic minorities as possessions of Great Britain; and some will of a class subjected to discrimination.” individuals on their merits […] With wonder whether the cultural differences of The CRE was thus severely limited in its one face, the law embodies and the 17th and 19th centuries are truly investigative powers, on which were reinforces racial inequality; with the comparable to those that exist today. placed constraints “far greater than those other, it expresses and urges racial From Legislation to Integration? offers which natural justice would in any event equality. The positive impact of a broad range of topics that are united in have demanded.” race equality law continues to be their historical understanding of the diminished by the negative impact efficacy of legislation in helping to change Comparisons with the US, Europe of unfair and discriminatory the social and economic position of ethnic and in international institutions immigration and asylum law. minorities in Britain. However, the Articles by Goering, Dummett and Banton question mark remains, mostly because compare British developments in race Furthermore, as Ann Dummett points legislation has been too weak, too poorly relations with those in the United States, out, Britain has opted out of an EC Treaty implemented and often plainly Europe and in international law on immigration policy. Throughout the inconsistent. It would be highly instructive respectively. These chapters point to current immigration “crisis” when many to hear some of these commentators existing legislation in other countries and asylum seekers have been entering via evaluate the recent furore over asylum international institutions that can be Europe, the current government has seekers, though it all seems part of a examined and perhaps utilised in maintained the untenable position of sadly familiar story. As a number of the amending British legislation. Goering’s keeping all controls exclusively in contributors point out, legislative action chapter examines the US Civil Rights Westminster, an approach that is does not inherently lead to a change of experience and is as commendable for its undermined by the UK’s failure to be an mentality, but it can restrain the most even-handed consideration of the active player in European immigration law. malevolent and dangerous racists in strengths and weaknesses of the results society, such as the nail bomber whose of that historic movement as for its Visions for the future trial is currently under way. applicability to the UK. The final chapters, by Yasmin Alibhai- Questions of inclusivity will, of course, Differences in practice within Europe Brown and Bhikhu Parekh, offer a picture need to demarcate their own lines of and around the world are pointed out by of race relations in “New Britain”. While inappropriate behaviour, meaning that Dummett and Banton. Dummett stresses recognising that considerable progress some opinions will always be considered the need to eradicate racism but warns has been made, Alibhai-Brown “outside” the mainstream of British self- that the United Kingdom, long perceived documents persistent forms of perception. In the meantime, calls for the as the most “tolerant” of EC countries, discrimination that are “dug deep into the “race relations industry” to be disbanded should realise that its influence will be entire culture of British society”. seem to have foundered and one hopes better consolidated by “cooperation with Parekh’s contribution is more that the passage of Article 13 will allow a dash of humility than by asserting theoretical, and considers the form that a the suggestions of this volume (to use a superiority”. Banton’s essay considers multicultural society might take. In phrase from Bhikhu Parekh’s article) to European, British and Internationalist particular, he examines the possible gain more force within the dominant visions and evaluates the suitability of permutations of British identity in a culture. each framework to contemporary multicultural environment. He deliberates Omar Khan, The Runnymede Trust

26 The Runnymede Bulletin June 2000 REVIEW country was absolutely safe and the idea that would-be refugees could apply for Police practice asylum from the country where they faced persecution was “unreal”. The Other [Independent, 17 June] g Police in rural Wales are much more likely to stop and search people on the street than their fellow officers in Side of Truth g Just a few days before the new stricter Manchester and Birmingham – hotspots asylum rules came into force, the of urban crime. A new analysis of Home Beverley Naidoo chancellor of the exchequer declared in Office statistics, to be published later this London: Puffin, 2000 his Budget speech that “today we are year, shows marked differences between £4.99 (pbk) introducing new rules for work permits in forces across the country. […] There is ISBN: 0-14-13-476-6 areas of highly skilled information also concern over the rate of searches in technology, where there is a global London, which comes third in the league everley Naidoo, born in South shortage”. In other words, the table. […] Barry Loveday, a criminologist Africa, and who began writing in government is making it easier for some who has analysed the statistics, said they Bexile in England, has written three would-be migrants to enter the UK showed that a number of forces, previous books for children that open the because their skills are needed. […] The especially the Metropolitan police, remain door to understanding the day-to-day world clear contrast in the treatment given to insensitive to the feelings of ethnic of young people under apartheid or living the different groups seeking to enter the minorities, who believe that stop and on the street in the country of her birth. UK reflects the fact that in some search is particularly directed at them. The Other Side of Truth is her first occupations there is already competition [‘Police are all at odds over stop and search’, Sophie Goodchild in the book to explore the exile's experience of between countries for immigrants. […] The precise figures vary from country to Independent on Sunday, 18 June – arrival and life in England for a family country but for both the UK and the EU includes table of police authority area fleeing threat and murder at home. As the UN statisticians calculate that, to searches] Jon Snow, who has contributed a avoid a decline in population, inward Foreword to the book, comments: “this is migration would have to continue at the a wonderfully accessible story laced with levels of the 1990s. However, to avoid a g In a climate of renewed local authority powerful messages of family commitment fall in the number of people of working commitment to dealing with racist crime and human rights … that refuels the age inward migration would have to be at and harassment, LHU has brought desire for justice and freedom within and twice these levels. together 15 London boroughs for a no- beyond our shores”. [Labour Research, 'Britain's need for holds-barred examination of policy and Very clearly and powerfully written, it immigrants', May 2000] practice. The project has focused on the opens one’s mind to the terrible realities ways in which boroughs deal with of life that can confront people of all ages, perpetrators of racist crimes as well as and brings to life the drama of arriving in g The Centre for Professional Deve- considering other issues such as victim lopment is holding a conference on the support and multi-agency relations. Local the UK as an asylum seeker. Intended for theme: 'Whose Society? A multi-agency authority housing departments were ages 12-16, and addressed to “all young perspective on the settlement of asylum- identified by the Lawrence Inquiry as key people who wish to know more”, this seekers and refugees in the UK'; on 28 players in tackling racial harassment and book could both engage a wider and September at UCL's Bloomsbury racist crime. LHU research provides a older audience, and make perfect study Theatre. The conference is for all those snapshot of practice at Autumn 1999 [and material for schoolwork. who are concerned with the settlement of the results of an intensive interview Filiz Caran, The Runnymede Trust refugees and asylum-seekers in the UK; project] will be launched in July. [‘Tackling those from central and local government, race crime: getting the practice right’, IN THE PRESS NGOs, and the Police, as well as Patricia Durr and Liz Sutton, pp. 12-13 in solicitors, interpreters and doctors. It will London Housing, June 2000] look broadly at how the UK is managing Asylum-seekers the settlement of refugees and asylum- seekers, and will ask how this might be g The first anniversary of the improved. and migrant workers Macpherson report generated a lot of [Information from CPD, School of publicity on the progress made since its Public Policy, UCL, 29/30 Tavistock publication. It is clear that some progress Square, London WC1H 9EZ; tel: 020 g Jack Straw was yesterday accused of has been made in relation to imple- 7679 4992/1/0; e-mail: [email protected]] putting at risk genuine victims of menting the Action plan published in persecution and torture by calling for March 1999. However, it is too early to changes to the way refugees are treated reach a conclusion on whether the under the Geneva Convention. […] He g Bail for Immigration Detainees (BID) changes suggested in this plan, and their said asylum-seekers must be aims to provide a free bail service to implementation, have led to any real encouraged to make their claims from asylum-seekers and migrants detained improvement in the way ethnic minority outside the country they wished to go to. by the immigration Service. BID trains communities are treated by the criminal Under his plan member-states would volunteers on two sites (London and justice system. accept agreed quotas from countries Portsmouth) to prepare bail applications [Conclusion to ‘Progress on Race?’, designated as having a high level of for presentation by volunteer barristers. Sadiq Khan looking at progress on the 70 persecution. […] Lyndall Sachs, a [Contact BID on 020-7247-3590, Recommendations, in Legal Action, pp. spokeswoman for the UNHCR, said no 1.30-4.30pm] 6-9, April 2000]

The Runnymede Bulletin June 2000 27 CONTINUED FROM PAGE 1 Contents down its Opinion in favour of the directive minimum protection against racial on 18 May 2000, were also agreed to by New Race Directive agreed 1 discrimination across all 15 Member the Social Affairs Council. These at European Level States, as it: included: Biggest breakthrough in British race 2 • Defines direct and indirect • A requirement for Europe’s own policies relations for a quarter of a century discrimination and programmes to respect the aims of Richard Howitt • Gives victims of discrimination a right the directive After Lawrence: race and prisons 3 of redress through a judicial or • Support for non-governmental Dennis Valentine administrative procedure associations to support and pursue race Promoting community 6 • Shifts the burden of proof in civil cases discrimination cases involvement in police training once a prima facie case of • Bring forward the requirement to Robin Oakley discrimination has been made out by a report on the implementation of the What hope for black representation? 7 complainant and accepted by the court directive from five years to two years Rushanara Ali or other instance With unanimous political agreement Employment Conference II • Provides protection against harassment achieved, adoption of the Race Directive is Finding the right balance 9 and victimisation time-tabled to take place in autumn 2000. Lori Lindburg • Covers discrimination in employment As the first piece of legislation under Recruitment in large companies: 11 and training, education, social Article 13, this is very good news indeed; the HR experience Dwain A Neil protection (including social security however, the process is not complete. and healthcare), social advantages and Agreement to the Employment (or MEB Ð Questions and debates 13 the supply of and access to goods and Framework) Directive is still to come. The The asylum debate Ð haunted by 17 services, including housing European Parliament will hand down its the ghost of Enoch Powell? • Requires Member States to provide Opinion on this proposal in the Autumn, Adam Mynott information about the measures they with the aim of reaching political The Amsterdam Proposals 18 adopt to fight discrimination agreement before the end of the year. Something rotten 19 • Requires Member States, which have However, there is much work to be done in the state of Denmark not already done so, to establish bodies across the EU to reach this point. Bashy Quraishy for the promotion of equal treatment The UK Race and Europe Network, Social existence and social care 21 which will provide independent chaired and co-ordinated by the Fatima Husain assistance to victims of discrimination, Runnymede Trust, in co-operation with Asylum in the new age 23 conduct surveys and studies, and the European Network against Racism, Prakash Shah publish reports and recommendations. will be addressing the Employment In addition, it is worth pointing out Directive over the summer and into the Review: A question mark 25 amidst the Òdominant cultureÓ that some of the amendments to autumn in an attempt to influence the Omar Khan strengthen the directive proposed by the European Parliament and the Council of European Parliament, when it handed Ministers in favour of this directive. In the Press 27 Moving forward with the kind of Availability of the EC budget cooperation and consultation between NGOs and public bodies achieved in the Bulletin No. 322, June 2000. lines in support of antiracism. ISSN 0965-7762 passing of the Race Directive, it may well The Runnymede Bulletin is published “Antiracism work requires not only be possible to have in place a common quarterly by The Runnymede Trust goodwill but also financial support. level of protection against all forms of 133 Aldersgate Street This is especially true of NGOs discrimination in all Member States of the London EC1A 4JA that have to survive without a Tel: 020 7600 9666 European Union. Fax: 020 7600 8529 regular income and are therefore Michelynn Laflèche, Acting Chief E-mail: [email protected] dependent on project funding.” Vera Egenberger, Executive of the Runnymede Trust Website: www.fhit.org/runnymede ENAR's Director, makes this point in her Preface to Typeset and printed by: their publication (in English, French and German) Prior to political agreement being reached, St Richards Press Ltd. Leigh Road, Chichester, of the handbook European Commission Budget the CRE in association with the UK Race Lines in Support of Antiracism. West Sussex PO19 2TU. and Europe Network produced a briefing Tel: 01243 782988 The handbook introduces a number of the budget lines relevant for antiracism projects. Details paper on the Article 13 proposals and the Bulletin Editor: Ros Spry Subscriptions Administrator: Omar Khan are given of the scope of the budget lines, the Race Directive. Although the Race Directive application requirements for projects and contact is now agreed, the briefing paper still offers Copyright © 2000 The Runnymede Trust and individual authors. addresses. The budget lines and contact people useful background information on the full The opinions expressed by individual authors change constantly, and ENAR will provide regular package of proposals. To obtain copies of this do not necessarily represent the views of The updates to cater for this – the latest version is dated free leaflet, “Article 13: proposals from the Runnymede Trust. May 2000. European Commission for Combating In 2000 the Bulletin is to be Copies can be ordered from: ENAR, 43 rue de Discrimination,” contact Central Books on published in June (322), la charité, B-1210 Brussels, Belgium. September (323) and December (324) 020 8986 5488 [or by email on Annual Subscription (Yr2000) is £20.00 Tel: 32 (0)2 229 35 70; email: [email protected] [email protected]].

28 The Runnymede Bulletin June 2000