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Racism on the Internet
The National Consultative Committee on Racism and Interculturalism (NCCRI)
established a monitoring system for racist incidents in June 2001 (www.nccri.ie). Since this system was
established, three racist websites with a specific focus on Ireland have been
drawn to our attention, purporting to represent the Irish National Front, the
Irish Fascist Party and the NSRUS (National Socialists R Us).
The emergence of such sites is a new and disturbing development in Ireland,
even if only a small number of people are involved in their publication.
The emergence and growth of racist sites
There has been a significant growth in racist websites at a global level in
recent years. According to the Simon Wiesenthal Centre, based in Vienna, there
was just one explicitly racist website in 1995, but by 1999 this figure had
risen to over 2100.
While much of the content of these sites is patently absurd and bizarre, and
they constitute a very small proportion of the number of websites on the
internet, there are a number of concerns arising out of their existence and
proliferation, including:
- They provide a mechanism to bring together extremist groups and individuals
who may have been isolated and declining in influence.
- They constitute a permanent incitement to hatred and provide a cheap opportunity
for individuals and groups to spread racist propaganda.
- It is difficult to track down many sites because extremists who publish
such sites can operate with impunity in certain countries.
- Allowing racist websites to exist and proliferate over a period of time
may result in racism being considered less as a crime as more as an acceptable
point of view.
- It provides a potential means of recruitment to racist organisations, with
many sites focussing in on young people through 'clubs' and 'chat rooms'.
What was proscribed and liable to prosecution in the past is now accessible
on the Internet. Many of these websites demonstrate a knowledge and contempt for
the relevant legislation in individual countries. For example, one of the
sites reported to the NCCRI draws attention to the Incitement to Hatred Act
(1989) and the Public Order Act (1996).
The role of Internet
providers/portals, is of particular concern. It has been estimated by the
Wiesenthal Centre that 90% of racist sites are made accessible by American
service providers. European web publishers use American Internet providers to
host their sites because of the guarantee of anonymity. American providers
cannot be compelled to reveal the identity of the person responsible for
publishing a racist site. These internet providers are not only prepared
to host racist websites, but to make them easily more accessible through
registering them on 'search engines' or categorising sites under 'clubs' or 'chat rooms'.
Tackling Racism on the Internet
Tackling racism on the Internet may be difficult but not insurmountable.
Laws, commercial rules and guidelines apply to the Internet and many States lay
down criteria making its legislation applicable to on-line activity or
content.
The recent successful action taken by the French government in respect of
Nazi memorabilia being sold on an American internet provider with a French
subsidiary demonstrates that there may be further potential for national
governments in tackling racism on the internet through legal action.1
The Irish Government are currently revising the Incitement to Hatred Act
(1989) and, in its forthcoming submission, the NCCRI will be advising on the
specific inclusion of the internet within the terms of the revised
legislation. Irish service providers and the Irish domain registration
company may have an important role in developing and promoting anti racism
policies and codes of conduct.
One of the 'Irish' racist websites is hosted by a Swedish Internet
company. This company has a stated policy not to host racist websites. The NCCRI has contacted the company to draw attention to the content of the
site and to urge that it be deleted as soon as possible.
At an international level bodies such as the United Nations and the European
Monitoring Centre on Racism are actively looking at measures to address the
problem of racism on the internet. The United Nations' concern about the use
of the Internet as a tool for racism emerges in a number of preparatory texts
and studies drafted in the run up to the World Conference Against Racism, which
will take place in South Africa in September 2001. The draft programme
of action identifies a number of steps that States, private and other institutions
can seek to tackle racism on the Internet. These include the introduction
of codes of conduct.
The World Conference against Racism
The World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance (WCAR) will take place in Durban, South Africa, from 31
August to 7 September 2001.
The WCAR will focus on action-oriented and practical steps to eradicate
racism, including measures of prevention, education and protection and the
provision of effective remedies. The office of the UN High Commissioner for
Human Rights has stated that 'it will be a unique and important opportunity to
create a new world vision for the fight against racism in the 21st century'.
There are still some issues to be resolved by the conference organisers if
the conference is to prove a success. These include the issue of
reparations for past injustices related to the slave trade and a proposal from
some participating members that seek to equate Zionism with racism. The
successful resolution of these issues may influence the participation of some
countries, most notably the United States.
Vision Declaration
The World Conference against Racism will focus on action-oriented and
practical steps to eradicate racism, including measures of prevention, education
and protection and the provision of effective remedies.
The objectives of the conference will be to:
- Review progress made against racial discrimination, to reappraise obstacles
to further progress and to devise ways to overcome them;
- Consider ways and means to better ensure the application of existing standards
and the implementation of existing instruments to combat racial discrimination;
- Increase the level of awareness about the scourges of racism and its consequences;
- Formulate concrete recommendations on ways to increase the effectiveness
of United Nations activities and mechanisms through programmes aimed at combating
racism, racial discrimination, xenophobia and related intolerance;
- Review the political, historical, economic, social, cultural and other
factors leading to racism;
- Formulate concrete recommendations to further action-oriented national,
regional and international measures to combat all forms of racism, racial
discrimination, xenophobia, and related intolerance; and,
- Draw up concrete recommendations for ensuring that the United Nations has
the financial other necessary resources for its actions to combat racism,
racial discrimination, xenophobia and related intolerance.
Feedback Seminar in Ireland
The NCCRI will be hosting a seminar in Ireland on the outcomes from the World
Conference against Racism, which will take place on Friday September 28th in the
Russell Court Hotel, Dublin.
The Review of Immigration and Residence Policy
The NCCRI welcomes the decision by John O Donoghue, Minister for Justice,
Equality and Law Reform, to revise and update immigration legislation in
Ireland. The following is a summary of some of the issues identified in a recent
NCCRI submission to the Department of Justice, Equality and Law Reform.
Equality and Non-Discrimination
Immigration and residence legislation should be 'proofed' to ensure that it
is non-discriminatory across the range of grounds identified in the Equality
Legislation, in particular, on the grounds of 'race' including colour, ethnic
origin and nationality. The specific needs of women migrants should also
be taken into account. Particular attention should be taken to proof against
direct (less favourable) discrimination and indirect discrimination (where a
practice or requirement is found to have the effect of excluding a protected
group).
The administrative and institutional arrangements arising from the
legislation, should be similarly 'proofed' in regard issues such as border
controls and visa/permit requirements.
Favoured States
The practice of promoting/enabling immigration from 'favoured states' or
regions such as applicant countries to the European Union should be treated with
caution to ensure that such policies are not discriminatory in effect. Policy
and practice associated with 'favoured state' practices have been found to be
discriminatory in countries such as Australia and Canada.
The Market and the Rights of Migrants
It is clear that labour and skill shortages are and will be an important
factor in shaping Ireland's immigration policy in the forthcoming years, however
it should not be the sole consideration. Immigration policy should be able
to find a balance between the needs of the economy on the one hand and the
rights of migrant workers on the other. Existing protections should be
enhanced and additional safeguards introduced for temporary migrant workers and
long term residents to ensure they are not treated as economic entities, without
social and cultural rights.
Adherence to existing international
human rights standards and fundamental freedoms
The formulation of Irish
legislation must, of course, seek to incorporate international human rights
standards and fundamental freedoms. These include the European Convention on
Human rights (ECHR), the Council of Europe Social Charter, the Universal
Declaration on Human Rights (UDHR), the International Covenant on Civil and
Political Rights, United Nations Rights of the Child, the Framework Convention
on National Minorities and the International Convention on the Elimination of
All Forms of Racial Discrimination.
The International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families was adopted by General Assembly resolution
45/158 of 18 December 1990, but is not in force because it has not been ratified
by a sufficient number of countries, including Ireland. Even if the
Convention does not come into effect, it includes a number of important concepts
that could be considered and incorporated within the reform of Irish
legislation. These are as follows:
- Migrant workers are more than just economic entities. They are seen as social
entities with families and have rights accordingly.
- They are seen as an unprotected population whose rights are often not addressed
by receiving or sending states, and so the responsibility to provide measures
of protection becomes that of the international community, through the UN.
- The Convention provides for an international definition of a migrant worker
and the standards of treatment.
- Fundamental Human Rights are extended to Migrant Workers and also additional
rights recognising their unique situation.
- The Convention has the potential to play a role in preventing and eliminating
the exploitation of migrant workers and their families.
- Migrant workers and members of their families should have equality with
nationals of the state concerned before courts and tribunals.
- The Convention seeks to establish minimum standards of protection for migrant
workers and their families that are universally acknowledged and serves as
a tool with which to encourage those states lacking national standards to
bring their legislation in closer harmony with recognised international standards.
Reducing the level of Ministerial/ Departmental
discretion
There is considerable discretion in the present legislation and arrangements
related to immigration. Some discretion may be usefully retained for
exceptional cases, but in general the overall level should be reduced in the
interest of transparency and good practice.
The Need for an Integrated and Interdepartmental Approach to
Immigration
Immigration covers many different aspects of government policy,
ranging from security to employment protection to bilateral agreements with
non-EU countries and social and cultural rights. It is imperative that the
overall policy and the new administrative structures reflect the need for an
interdepartmental and integrated approach to the issue, with appropriate
consultation and participation from non-statutory representatives.
Good practice inside and outside the EU
Immigration and residence policy should draw on the experience of countries
such as Canada and Australia as well as EU member states. This is of
particular importance as many EU states are still operating out of a 'zero
immigration' approach and as such the extent of good practice may be more
limited than other countries.
Harmonisation of Policies at EU level
Ireland should be seeking to play an active role in the harmonisation of
policy within the European Union arising out of Title IV of the Amsterdam Treaty
and the conclusions of the Tampere Council, even though Ireland and Britain have
an opt-out right. Harmonisation will likely result in a range of important
policies and -standards on issues such a family reunification, employment,
social protection, housing, education and training. Harmonisation should be
approached with caution for example in the consideration of Ireland's
participation in the Schengen Acquis (see page 7).
Establishing mechanisms to discuss issues on an on going
basis
The NCCRI welcomes the publication of the 'Public Consultation on Immigration
Policy' and advocates further opportunities for public consultation and debate
at the various stages of the legislative process.
Long Term Residents and Temporary Residents
As acknowledged in the consultation document, much of the existing policy
towards long term residents, including how a long term resident is defined, is
based on administrative practice rather than policy and legislation. The
following are some of the issues that could be considered as part of the new
legislation.
Defining long term resident status
The following are proposed as possible rules for acquisition of long-term
resident status:
- Five years legal employment, or
- Five years registered self employment, or
- Five years habitual residence
Allowances should be made for maternity absences, periods of involuntary
unemployment and long-term illness when assessing whether someone qualifies for
long term resident status.
Access to employment and social security
A long term resident should have access to employment and social security on
the same basis as any EU national would have in Ireland. The issue of the
recognition of the qualifications of third country nationals should be
considered more proactively and the offer of citizenship should be considered
after a period of time.
Freedom of Movement
Third country nationals legally resident in EU Member States, even those who
have lived there for many years, are not accorded freedom of movement within the
European Union. The NESF noted 'this is an obvious source of rigidity
within the EU labour market. This issue will be considered under Title VI
of the Treaty and it merits a positive approach from Ireland'.
Protection from expulsion
Long-term residents should be protected from expulsion except on very
exceptional grounds such as public/national security. This is particularly
important in times of economic recession when there may be unreasonable calls
for the expulsion of third country nationals.
Careful consideration should also be given to the equity and impact of
expelling long- term residents or their dependents for a criminal act after a
sentence has been served as this could be considered a further and additional
punishment for a crime.
Defining Temporary Resident Status
Temporary resident status, other than those with the right to study, is
largely enshrined in the work permit and work visa schemes. Many of the
people who are now temporary residents may in time become long-term
residents.
Rights of Temporary Migrant Workers
The NCCRI has identified a number of recommendations in its previous
submission on the rights of migrant workers including:
- Establishing the work permit and visa schemes and the rights of migrant
workers on a statutory basis.
- Extending the range and categories of visa and permit schemes to make the
system more flexible than at present.
- If the existing work-permit system remains in place, to bring in additional
protections to ensure that migrant workers who are tied to one employer under
the terms of the work- permit scheme, are not exploited out of fear of their
permit being revoked.
- To prevent the exploitation of migrant workers by a small number of rogue
employment agencies and employers.
Family Reunion
The right to family life is enshrined in the a number of international
instruments that Ireland has ratified, including the ECHR, the UDHR and the
International Covenant on Civil and Political rights. Family reunion is
not only a fundamental human right but is an important aspect of the integration
process.
The legislation and rules relating to family reunion must be based on
security and equality. At present there are considerable anomalies in the
system in Ireland, for example between the rights of workers with work permits
and those with work visas.
There is also considerable discretion within the system on who is entitled to
family reunion, which inevitably raises questions of transparency, no matter how
fair the judgement is on a particular case. A level of discretion should be
retained within the system for exceptional cases, but in general the rules
concerning the right to family reunion should be revised and placed on a
statutory basis.
Rather than allocating different family reunion rights to different
visa/permit categories, which might discriminate against people on a socio
economic/professional basis, it may be easier to define the right by stating who
should not be entitled to family reunion, rather than who should be.
The two categories of people who should not be entitled to family reunion could
be:
- People who are not legally entitled to be in Ireland.
- People who are short term-residents (i.e. resident for less than a year
or resident for over a year but lacking the right to reside for a second year).
Consideration should also be given to extend the right of family reunion to
include partners (cohabitees).
Border Controls
The Schengen Acquis
The Schengen Acquis provides for an area of free movement and for common
immigration and visa procedures among participating states. The United Kingdom
has opted out of the Schengen Acquis because of security concerns. Ireland has
opted out to maintain the Common Travel Area.
There are a number of problems with the present Schengen Acquis, which
justifies a cautious approach by Ireland from a human rights perspective:
- The opting in to Schengen may result in increased internal checks on people
in Ireland, including possible identity card requirements.
- The requirement to join the restrictive Schengen list of third countries
whose nationals require a visa to enter the Schengen area.
- The requirement to apply the list of persons who must be refused entry to
the Schengen area (Article 96).
In short, a number of safeguards and reforms to the Schengen Acquis and
Protocol are necessary before Ireland should seek to join. If such reforms
took place there would be a much stronger case for Ireland's participation.
Ensuring non-discrimination in border controls
There is need to monitor the administrative arrangements put in place at
border controls to ensure they are non discriminatory. Some of the measures,
both legislative and non legislative, that could be put in place could be:
- Anti-racism and intercultural awareness training for immigration officials.
- The development of codes of practice.
- The appointment of an officer at key border points to monitor standards
and deal with complaints related to the operation of border controls (disputes
over visas etc).
Administrative and Institutional Arrangements
The NCCRI welcomes the proposal to establish an Immigration
Agency. The present system is fragmented and under-resourced. Considerable delays
are being experienced and the present system is frustrating for both applicants
and staff. The following should be some of the issues that should be considered
as part of the process of establishing the agency:
- The agency should be given adequate resources to undertake its work.
- The agency should have a remit to be proactive in the area of immigration
and seek to inform policy from practice.
- The board of the Immigration Agency should include representatives from
the social partners, including the community and voluntary sector.
- The Agency should operate from an equality and human rights ethos as well
as taking into account security considerations.
Minister Launches NCCRI's progress report
A three-year progress report of the work of the National Consultative
Committee on Racism and Interculturalism (NCCRI) has been launched by Mr John O
Donoghue TD, Minister for Justice, Equality and Law Reform.
The report highlights the work of the NCCRI and other policy initiatives to
address racism, not to engender a sense of complacency, but to identify progress
that has been made and that can be built upon over the next few years.
A key feature of the NCCRI strategy has been to work at national level in
partnership with government departments, statutory agencies and the social
partners, including the voluntary and community sector, in particular a wide
range of NGOs concerned to address racism. This partnership approach is
reflected in both the structure of the NCCRI where there is broad representation
on the Board, its sub committees and through the participation of people in the
numerous roundtables, seminars and conferences organised by the NCCRI since it
was established.
The work of the NCCRI, charted in the progress report, can be summarised as
follows:
Political Parties
An Election Protocol has been signed by
Fianna Fail, Fine Gael, Labour, Progressive Democrats, Sinn
Fein, the Green Party and the Socialist Party, which covers
the conduct of political parties and their candidates at
election time. The Protocol was also formally launched at
the same time as the progress report.
Advice, Training and Technical assistance
The NCCRI provides advice and technical assistance to governmental bodies to
address racism. The NCCRI has also provided anti-racism awareness training
to over thirty statutory and other bodies, including government departments,
health boards, media organisations and NGOs.
Raising awareness
The NCCRI has been active in raising awareness about racism, including the
publication of an education pack that has been circulated to all schools in
Ireland, North and South, in cooperation with the Equality Commission in
Northern Ireland. The NCCRI drew up the plan for the forthcoming ?4.5
million national anti racism public awareness programme.
Refugees and Asylum Seekers
The NCCRI has established a community development Unit to support the
development of NGOs working with refugees and asylum seekers.
Racist Crime and Incidents
The NCCRI has provided technical advice to the Garda Racial and Intercultural
Unit on issues such as the reporting racist crimes and developing a system of
reporting racist incidents. The NCCRI has also advocated and is participating in
the Review of Incitement to Hatred Act (1989).
Migrant Workers
The NCCRI has worked closely with the social partners to identify and seek to
improve the rights of migrant workers in Ireland, including seeking to improve
and remove the anomalies in the work permit system.
European and UN level
The NCCRI in partnership with the Equality Authority has been designated the
national focal point to address racism in Ireland. This initiative will
involve close cooperation with other EU member states on transnational
initiatives. The NCCRI has been active in the national preparations for
the forthcoming World Conference on Racism in South Africa.
Copies of the Progress Report 1998-2001 are available from the NCCRI.
Published by:
NCCRI, 26 Harcourt St., Dublin 2.
Ph: 01-478 5777; Fax: 01-478 5778
Email: info@nccri.ie;
Website: http://www.nccri.ie/
Report: http://www.nccri.ie/progressRpt.html.
1 A French court ruled that
Internet provider 'Yahoo' should block access to auction sales of Nazi memorabilia
to all French web servers, as such activities were contrary to French law. Yahoo
is appealing the ruling through the French Courts.
