Pack Contents:
Who are Irish Travellers?
Travellers are an indigenous minority who, historical sources confirm, have been part of Irish society for centuries. Travellers long shared history, cultural values, language, customs and traditions make them a self-defined group, and one which is recognisable and distinct. Their culture and way of life, of which nomadism is an important factor, distinguish them from the sedentary (settled) population.
The Traveller identity is made up of a number of common features such as:
Irish Travellers are native to Ireland, they have much in common with European Roma, Sinti and Gypsies such as their nomadic tradition, a tendency to live in extended families, and a history of having to protect their identity from attempts to assimilate them into the majority population.
What is an ethnic group?
An ethnic group shares a common ancestry, culture, history, tradition and sense of belonging and is a political and economic interest group. Ethnicity is a term used to describe on the basis of self-identity and ascription by others. Travellers by definition are an ethnic group.
What do we mean by racism?
Any theory involving the claim that racial or ethnic groups are inherently superior or inferior, thus implying that some would be entitled to dominate or eliminate others who would be inferior; or which places a value judgment on racial differentiation, has no scientific foundation and is contrary to the moral and ethical principles of humanity (UNESCO Declaration, 1978). Travellers experience racism on a daily basis.
The Government of Ireland do not recognize Travellers as an ethnic group which limits the protection available to Travellers under National, European and International law.
The Government of Ireland define Travellers merely as a ‘social group’ which means that Travellers are simply defined as a group who experience discrimination and poverty, thereby denying that the treatment of Travellers is racism. As Travellers are not recognised as an ethnic group with a distinct culture, traditions, and nomadic history they are denied access to protection for their cultural rights and services which would facilitate their culture. Many examples of this exist in Ireland today such as the boulder policy which has blocked off traditional camping areas to Travellers and the lack of provision of transient accommodation to facilitate nomadism.
It is vital that the distinctiveness of Traveller culture and identified is recognised and respected and that this obligation is reflected in policy decisions by Government and public bodies.
The Report of the Task Force on the Traveller Community (1995) recommended that “the distinct culture and identity of the Traveller community [should] be recognised and taken into account” and added that Travellers’ culture included “nomadism, the importance of the extended family, the Traveller language, and the organisation of the Traveller economy”. Yet the Irish Government have never fully implemented this recommendation.
1. Irish law
As stated above the Government of Ireland do not recognize Travellers as an ethnic group which limits the protection available to Travellers under national, european and international law. However, the Traveller Movement continue to struggle for Travellers to be recognised in order to gain such protection. In an Irish context, membership of the Traveller community is named in the Equality legislation as a group in need of protection from discrimination. This is in addition to the ethnic ground.
2. Equality Legislation
Travellers are defined as a separate category in under the Equal Status Act, 2000 so they do not come under the ethnic ground. They are defined as “…the community of people who are commonly called Travellers and who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland.” This is a first step on the road to cultural recognition but again falls short of full recognition of Travellers as an ethnic group.
When Travellers are taking cases under the Equality legislation inform then that it is advisable to tick the ethnic status ground in addition to the Traveller ground which will enable them to broaden their arguments at the hearing of the case.
ITMLU believe that the provisions of the Race Directive do apply to Travellers and that this should be tested in the Irish Courts
3. European law
The Race Directive (Council Directive 2000/43/EC) aims to ensure equal treatment between persons no matter what their racial or ethnic origin. As stated due to the fact that the present Minister for Justice, Equality and Law Reform, is of the opinion that Travellers do not constitute a separate ethnic group within Irish Society, it is uncertain whether Travellers fall within the protection of the Directive. However it is clear that the provision of the Race Directive do apply to Travellers, but as of yet it has not be tested in an Irish Court as yet.
The European Court of Human Rights judges disputes in relation to the European Convention of Human Rights. The Convention is now part of Irish Law since the 1st January 2004, and it is now possible to take a case to court in Ireland if your rights under the Convention have been breached. It contains the following provisions:
Framework Convention on the Rights of Minorities
This Convention was ratified by Ireland on 7th May 1999, and came in to force on 1st February 1998. It is legally binding on each party state. The Irish government has discretion whether or not to apply the Convention. This is a useful tool that can be used in campaigning for recognition of Travellers culture. It contains the following:
This Convention is monitored by the Committee of Ministers at an EU level and governments are required to submit a report on how they protect and preserve the Culture of national minorities every five years. For this process the Committee consider State reports and come up with recommendations and set time limits for submission of information on the implementation of the recommendation. Also, the Committee make state visits to find out what is happening on the ground in each state.
International Law
This Convention was ratified on 29th December 2000. Although the there is some debate about whether Travellers are, or are not, an ethnic minority, there is no doubt that Travellers suffer from severe discrimination and therefore are included in the Convention. It includes the following:
The Convention is monitored by the Committee for the Elimination of Racial Discrimination, made up of 18 experts, nominated by state parties, but who serve in their individual capacity. The committee consider State reports which have to be submitted to them every 2 years and make recommendations to governments. ITM submitted a document to the Committee regarding ICERD which is available from the offices of the ITM.
Step one:
Step two:
Step three:
For further information visit:
United Nations High Commission for Human Rights:
www.unhchr.ch
European Committee on Racism and Intolerance:
www.ecri.coe.int
European Roma Rights Centre
www.errc.org
European Network Against Racism:
www.enar-eu.org
Commission for Racial Equality:
www.cre.gov.uk
Department of Justice, Equality and Law Reform for ICERD document
www.irlgov.ie/justice
Irish Traveller Movement
www.itmtrav.ie
For response to ICERD
Pavee Point Cultural Centre:
www.paveepoint.ie
National Traveller Womens Forum
www.ntwf.net
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