11 January 2001 Edition
Dublin and the Equality Agenda - A very bad year
BY ROISIN DE ROSA
The Dublin government had a bad year indeed on the equality agenda. There was a miserable performance in terms of compliance with international standards of human rights, on implementing the rights of all to accommodation, to health care, and to securing accountability of the police.
The tip of the iceberg of the government's record of failure with respect to equality and human rights has been in the treatment of refugees. Its record on refugees in the year 2000 was a litany of media soundbytes, discriminatory legislation and policies, which have fostered an unmistakable and growing racism within the country.
A warning flag ran up at the very start of the year when Justice Findlay resigned his position as director of the Tribunal that assesses asylum applications. He described the process as a `travesty of justice.''
The year was spotted with soundbytes from Justice Minister John O'Donoghue, about the `accommodation crisis' provoked by the `influx' of refugees, `95% of whom were `bogus'. Without a shred of evidence, he claimed they were `flooding in' from Britain in `taxis'. He suggested they be accommodated in `floating hotels', in `canvas pavilions', in barracks, in a purpose built tent city in Ballymun, with the underlying suggestion that it would be better if they didn't come at all.
Taoiseach Bertie Ahern took the opportunity of a visit to Australia to suggest that the notorious refugee detention camps there might be a helpful addition to the accommodation problem, which in truth, has little to do with refugees and much to do with the scandalous housing shortage pertaining in the state.
Dispersal
Then `dispersal' started, with groups of arbitrarily selected refugees were dispatched in batches to B&Bs/hotels, without any provision for welcome into the community, or services such as legal advice, care, language and translation facilities or counselling for those, estimated well over 50%, who had undergone torture, rape, indescribable violence and persecution before their escape.
Along with `dispersal, the policy of `direct provision' began, whereby refugees were discriminated against in denial of social welfare payment, or freedom to move where they might choose. Instead, they received a weekly payment of £15, and £7.50 per child, to meet immediate needs, with accommodation and food provided. Consistently, O'Donoghue has refused to allow asylum seekers to work.
It also emerged in 2000 that the state, if it were to implement the four-year National Development Plan, would require an additional 280,000 workers. Mary Harney and emissaries from the Department of Enterprise went scouting in white Caucasian Eastern Europe for migrant labour. Yet asylum seekers, mostly from Africa, the majority of whom are skilled, professional people, were denied access to any of these jobs, skilled or unskilled.
Two classes of citizens
In August, the Supreme Court upheld two provisions of the Illegal Immigrants (Trafficking) Bill. One limited the time asylum seekers were given to seek judicial review of refusal of refugee status, restricting the right of all citizens to have equal access to the courts. The other allowed for detention, without charge or trial, of refugees.
There was a huge increase in the numbers of asylum seekers whose claims were dismissed, without an oral hearing, as `manifestly unfounded'. Procedures were tightened across the channel to prevent any refugees getting to Ireland in the first place, and in December it appeared that if an asylum seeker did succeed in getting to Ireland, in breach of all internationally recognised rights to apply for asylum, they were shipped back without being allowed opportunity to apply.
In December, with the implementation of the Refugee Act of 1996, the government named suitable places for detention of refugees, which included jails, Garda stations and the Central Mental Hospital at Dundrum, and put into effect the regulation curtailing asylum seekers' right to freedom of speech. Henceforth, the Minister had to give his permission for any media coverage of a particular named asylum seeker.
Denial of human rights
In effect, the year 2000 saw the introduction at law and in practice of two classes of citizens: those who live here (who are mostly black) and are applying for asylum, and those who are not applying for asylum. This discrimination was extended this past year to: detention, without trial or charge; restricted movement; inequality before the law; denial of the right to work; unequal access to social welfare or health care, and to freedom of speech.
In effect, the government last year institutionalised racism within the state in creating two classes of citizens with unequal rights. Racist attacks and abuse of black people have become prevalent. Racism, which has always been evident with regard to Travellers in the 26 Counties, has been strengthened as a direct result of racist government policies in the last year. Asylum seekers have been made the scapegoats of government failures to provide accommodation or to distribute wealth more equally.
Compliance with International Standards
The treatment of refugees has been only one example of the government's approach to human rights and the equality agenda. Dublin has failed to ratify the Convention on the Elimination of Racial Discrimination and the Convention Against Torture. There has been endless delay in publication of the Review of the Offences Against the State Acts.
In 1993, the examination under the International Covenant on Civil and Political Rights made unequivocal recommendation that the Special Criminal Court and the use of the Offences Against the State Act were offensive to international standards and should be brought to an end. Nothing has been done.
Delay was also the order of the day in terms of establishing a Human Rights Commission, as required under the Good Friday Agreement. Having delayed over a year in establishing the Commission, last summer the government agreed to a request from NGOs that there be a committee set up to ensure an open selection process in appointing the commission's members. Six months later, after the committee had submitted eight names, the government appointments included only one of those recommended.
There have been endless prevarication and delays in the publication of a bill to incorporate the European Convention on Human Rights into domestic law, or to deal with international criticism of the absence of any independence of the Garda Complaints Board, and lack of police accountability. The shooting dead at Abbeylara, Longford, of John Carthy in April, and the subsequent internal, and totally unsatisfactory inquiry into the actions of the Gardaí, is just one case in point.
In all, the year 2000 provides a dismal record on respect for human rights and furtherance of the Equality Agenda for which republicans have fought so hard. In particular, the Dublin government has seeded and fostered a racism that will undoubtedly come to haunt us in the coming years. It was certainly a poor year for justice.
The Dublin government had a bad year indeed on the equality agenda. There was a miserable performance in terms of compliance with international standards of human rights, on implementing the rights of all to accommodation, to health care, and to securing accountability of the police.
The tip of the iceberg of the government's record of failure with respect to equality and human rights has been in the treatment of refugees. Its record on refugees in the year 2000 was a litany of media soundbytes, discriminatory legislation and policies, which have fostered an unmistakable and growing racism within the country.
A warning flag ran up at the very start of the year when Justice Findlay resigned his position as director of the Tribunal that assesses asylum applications. He described the process as a `travesty of justice.''
The year was spotted with soundbytes from Justice Minister John O'Donoghue, about the `accommodation crisis' provoked by the `influx' of refugees, `95% of whom were `bogus'. Without a shred of evidence, he claimed they were `flooding in' from Britain in `taxis'. He suggested they be accommodated in `floating hotels', in `canvas pavilions', in barracks, in a purpose built tent city in Ballymun, with the underlying suggestion that it would be better if they didn't come at all.
Taoiseach Bertie Ahern took the opportunity of a visit to Australia to suggest that the notorious refugee detention camps there might be a helpful addition to the accommodation problem, which in truth, has little to do with refugees and much to do with the scandalous housing shortage pertaining in the state.
Dispersal
Then `dispersal' started, with groups of arbitrarily selected refugees were dispatched in batches to B&Bs/hotels, without any provision for welcome into the community, or services such as legal advice, care, language and translation facilities or counselling for those, estimated well over 50%, who had undergone torture, rape, indescribable violence and persecution before their escape.
Along with `dispersal, the policy of `direct provision' began, whereby refugees were discriminated against in denial of social welfare payment, or freedom to move where they might choose. Instead, they received a weekly payment of £15, and £7.50 per child, to meet immediate needs, with accommodation and food provided. Consistently, O'Donoghue has refused to allow asylum seekers to work.
It also emerged in 2000 that the state, if it were to implement the four-year National Development Plan, would require an additional 280,000 workers. Mary Harney and emissaries from the Department of Enterprise went scouting in white Caucasian Eastern Europe for migrant labour. Yet asylum seekers, mostly from Africa, the majority of whom are skilled, professional people, were denied access to any of these jobs, skilled or unskilled.
Two classes of citizens
In August, the Supreme Court upheld two provisions of the Illegal Immigrants (Trafficking) Bill. One limited the time asylum seekers were given to seek judicial review of refusal of refugee status, restricting the right of all citizens to have equal access to the courts. The other allowed for detention, without charge or trial, of refugees.
There was a huge increase in the numbers of asylum seekers whose claims were dismissed, without an oral hearing, as `manifestly unfounded'. Procedures were tightened across the channel to prevent any refugees getting to Ireland in the first place, and in December it appeared that if an asylum seeker did succeed in getting to Ireland, in breach of all internationally recognised rights to apply for asylum, they were shipped back without being allowed opportunity to apply.
In December, with the implementation of the Refugee Act of 1996, the government named suitable places for detention of refugees, which included jails, Garda stations and the Central Mental Hospital at Dundrum, and put into effect the regulation curtailing asylum seekers' right to freedom of speech. Henceforth, the Minister had to give his permission for any media coverage of a particular named asylum seeker.
Denial of human rights
In effect, the year 2000 saw the introduction at law and in practice of two classes of citizens: those who live here (who are mostly black) and are applying for asylum, and those who are not applying for asylum. This discrimination was extended this past year to: detention, without trial or charge; restricted movement; inequality before the law; denial of the right to work; unequal access to social welfare or health care, and to freedom of speech.
In effect, the government last year institutionalised racism within the state in creating two classes of citizens with unequal rights. Racist attacks and abuse of black people have become prevalent. Racism, which has always been evident with regard to Travellers in the 26 Counties, has been strengthened as a direct result of racist government policies in the last year. Asylum seekers have been made the scapegoats of government failures to provide accommodation or to distribute wealth more equally.
Compliance with International Standards
The treatment of refugees has been only one example of the government's approach to human rights and the equality agenda. Dublin has failed to ratify the Convention on the Elimination of Racial Discrimination and the Convention Against Torture. There has been endless delay in publication of the Review of the Offences Against the State Acts.
In 1993, the examination under the International Covenant on Civil and Political Rights made unequivocal recommendation that the Special Criminal Court and the use of the Offences Against the State Act were offensive to international standards and should be brought to an end. Nothing has been done.
Delay was also the order of the day in terms of establishing a Human Rights Commission, as required under the Good Friday Agreement. Having delayed over a year in establishing the Commission, last summer the government agreed to a request from NGOs that there be a committee set up to ensure an open selection process in appointing the commission's members. Six months later, after the committee had submitted eight names, the government appointments included only one of those recommended.
There have been endless prevarication and delays in the publication of a bill to incorporate the European Convention on Human Rights into domestic law, or to deal with international criticism of the absence of any independence of the Garda Complaints Board, and lack of police accountability. The shooting dead at Abbeylara, Longford, of John Carthy in April, and the subsequent internal, and totally unsatisfactory inquiry into the actions of the Gardaí, is just one case in point.
In all, the year 2000 provides a dismal record on respect for human rights and furtherance of the Equality Agenda for which republicans have fought so hard. In particular, the Dublin government has seeded and fostered a racism that will undoubtedly come to haunt us in the coming years. It was certainly a poor year for justice.