Migrant Rights Centre Ireland, mrci, promoting empowerment and inclusion of migrant workers in ireland

Racism

Racism takes different forms and impacts on a range of groups in Ireland, including migrant workers.

The manifestations of racism can include:

discrimination in the workplace and in the provision of goods and service
assault, threatening behaviour and incitement to hatred
labelling of minority ethnic groups which can occur through racism on internet or through media / advertising
institutional form of racism - the failure of public services to accommodate diversity through lack of through or planning

Racism is dealt with in Ireland by two types of legislation:

equality legislation - when racism is in the form of discrimination in employment or when accessing goods or services
criminal legislation - when one is the victim of a racist incident

Racial Discrimination: Equality legislation

In the equality legislation there are nine discrimination grounds, one of which is ‘race'. Discrimination on the grounds of ‘race' is described as the treatment of a person in a less favourable way than another person is, has been or would be treated in a comparable situation based on ‘race', skin colour, nationality and ethnic or national origin. There are different types of discrimination covered by the legislation including direct and indirect discrimination, and discrimination by association.

Direct discrimination occurs when a person is treated less favourably than another, in similar circumstances, because of his or her ‘race', ethnicity, national origin, nationality or colour. For example, if you are doing the exact same type of job as another person in the same company, for the same length of time, however you are being paid less simply because of your 'race' or nationality.

Indirect discrimination happens when practices or policies which seem fair at first sight, result in discrimination against some minority ethnic group or groups. This can happen, for example, when people are refused employment not overtly for discriminatory reasons, but as the result of of a policy, practice, or requirement they find hard to meet. For example, the government's 'Habitual Residence Condition' test, which must be passed in order to access social assistance payments, is applied to everyone in theory, however in practice it is migrants who are disproportionately affected by this policy.

The equality legislation in Ireland covers discrimination based on ‘race' in two situations:
- discrimination in employment matters
- discrimination in accessing good and services ( or example when purchasing a car or being served in a restaurant)

Racial discrimination in employment matters:
Discrimination in employment is dealt with in the Employment Equality Act 1998, as
amended by the Equality Act 2004.

The Act covers situations of accessing employment and employment conditions.

Racial discrimination in accessing goods and services

Discrimination suffered on the grounds of ‘race' or membership of Traveller community (or the other seven grounds) in trying to access goods and services is dealt with in the Equal Status
Acts 2000 and 2004. The Acts apply to people who:
• Buy and sell a wide variety of goods
• Use or provide a wide range of services
• Obtain or dispose of accommodation
• Attend at or are in charge of educational establishments

The definition of services under the Irish equality legislation does not include the functions of the State, including immigration and residence process and social welfare services.

What to do if you have been discriminated against based on ‘race'
If you have been discriminated based on ‘race' in one of the situations described above, you should contact the Equality Authority. The Equality Authority provides information to the public on the equality legislation. The Equality Authority may at its discretion, where the case has strategic importance, provide legal assistance to people who wish to bring claims.

The Equality Tribunal is the independent body set up by law to investigate or mediate complaints arising from the equality legislation. The Equality Tribunal appoints Equality officers to hear and decide claims of discrimination in employment and in the provision of goods and services. Equality officers can also mediate in disputes. If mediation is not an option, the equality officer will consider all evidence and issue a legally binding decision, which is enforceable through the Circuit Court. For more information, contact the Equality Tribunal: www.equalitytribunal.ie

You should be aware that the equality legislation provides time limits for making complaints and you should make the complaint in time. For information on these time limits, contact the Equality Authority

Racist incidents: Criminal legislation

A racist incident is any incident which is perceived to be racially motivated by the victim, a member of An Garda Siochana (Police Force), a person who was present and who witnessed the incident or a person acting on behalf of the victim. These racist incidents can take many different forms, for example, physical assaults, damage to the home or property, as well as verbal abuse, hate mail or circulating racist leaflets and material. For example,

What to do if you have been subjected to a racist incident

If you feel you have been subjected to an incident involving racism you should report this to your local Garda station or to the Garda Racial and Intercultural Office. If you are not satisfied with how the complaint is being dealt with by your local Garda station, you can contact the Garda Racial and Intercultural Office who will liaise with the local station on your behalf. The Garda Complaints Board can also be contacted.

There are Garda ethnic liaison officers located across the country who can also be of assistance in dealing with crime motivated by racism and who can provide a link between community groups and the police in local areas.

Useful tips when making a complaint:
1. Take notes of the incident
2. Keep records of your complaint, including correspondence and copies of completed forms
3. Be aware if somebody witnessed the incident and if possible ask their contact details
4. Seek evidence that will make your complaint stronger (for example in cases of assault, seek written confirmation of injuries sustained from a medical practitioner)
5. If the incident is one of discrimination based on ‘race', contact the Equality Authority and the Equality Tribunal
7. Ensure that your complaint is made in time
8. If you have been physical assaulted, verbally abused, had your home or property damaged, if you received hate or racist mails or material contact the police (Gardaí)
9. In the case of reporting a possible crime to your local Garda station, it is often
also useful to contact your local Garda Ethnic Liaison Officer. You can also contact Garda Racial and Intercultural Office.

Racial Discrimination: Equality legislation

Racist incidents: Criminal legislation

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