Oireachtas Joint and Select Committees

Wednesday, 26 October 2016

Joint Oireachtas Committee on Justice, Defence and Equality

Recognition of Traveller Ethnicity: Discussion

9:00 am

Ms Maria Joyce:

I am delighted to be here on behalf of the National Traveller Women’s Forum and I welcome the committee's interest in raising the matter of Traveller ethnic recognition as a priority for its work. I am joined by Mr. Bernard Joyce and Ms Jacinta Brack of ITM .

Travellers have a shared history, culture and language with its own customs and traditions which are recognisable and distinct. There are two essential elements identified in the Act of 1976 and Mandla v. Dowell Lee which constitute an ethnic group - a long shared history of which the group is conscious as distinguishing it from other groups, and the memory of which it keeps alive; and a cultural tradition of its own, including family and social customsTravellers share both of these characteristics. We self-identify as an ethnic group and we are seen as a separate group by others. Our recognition as an ethnic minority in Ireland has been long outstanding. Despite many years of campaigning the first formal reference by the State to our requests was noted in October 2011 when the former Minister for Justice and Equality said the State would give clear consideration to the matter. Five years on, we are still waiting.

In April 2014 the former Joint Oireachtas Committee on Justice issued its report and recommendations on recognition of Traveller ethnicity as follows: that either the Taoiseach or Minister for Justice and Equality would make a statement to Dáil Éireann confirming State recognition, that the Government would then inform relevant international bodies of that decision and that a time-limited dialogue would be undertaken with Traveller representative groups about new legislation, or amendments to existing legislation that were required. Two and a half years on and still nothing. To say we are bitterly disappointed at this continued denial of Traveller ethnicity is putting it mildly.

In July 2015 the position of the State was publicly confirmed for the first time and is, according to the Attorney General's office, that there is no impediment to State recognition under two principle concerns, cost and additional legal implications. In the meantime, calls from domestic and international human rights bodies, treaties and covenants, to which Ireland is a party, have appealed to the Irish Government to afford Travellers the right to have our unique identity recognised. These calls have been left unanswered. Only last week, the director of equality at the European Commission's Directorate-General for Justice cited that it may issue proceedings against Irelandfor alleged discrimination against Travellers. She referred to repeated calls from bodies such as the United Nationsand the Council of Europe for Ireland to recognise Traveller ethnicity, as Travellers satisfy internationally recognised criteria. She also stated that Travellers are the most marginalised community in Ireland.

In our current position, we are more vulnerable to indirect discrimination in State policy and practice and cannot rely on automatic comprehensive domestic protection. This was evidenced three weeks ago when the Criminal Justice (Aggravation by Prejudice) Bill was supported and moved on to Committee Stage without reference to Travellers. Lack of recognition means we do not benefit from automatic inclusion in such proposed Bills. It also sends out a message on the part of the State to the effect that the institutional and societal racism, discrimination, prejudice and oppression that Travellers experience in every aspect of their daily lives is acceptable. Traveller women living 11 years less then settled women is not acceptable. Suicide rates six times higher in the Traveller community then the national average is not acceptable. Ten people are dead, five of them children, because we do not have adequate provision of high-standard, Traveller-specific accommodation. Travellers the length and breadth of this country are living in intolerable conditions and this leads us to ask "What is the delay?". After all, as Travellers, we satisfy the standard legal and sociological criteria for recognition – that is undisputed internationally. Domestic and international human rights bodies have consistently reminded the Irish State of its obligations to Irish Travellers to have our ethnicity recognised as set out in international human rights treaties ratified by the Irish Government. The British and Northern Irish authorities, Scotland and Wales have recognised Travellers as an ethnic group, separate from non-Traveller Irish people. The Irish State, as directed by the Attorney General’s office, has also conceded there is no impediment to our recognition.

Mr. Bernard Joyce will discuss the importance of State recognition to us as a community. Fundamentally, recognition of our ethnicity would be a step towards real equality for Travellers in Irish society. In the 30 years and more since the founding of Traveller organisations we have called for acknowledgment of our unique identity and place in Irish society. We want Travellers to be valued for the people we are and the contribution we make to Irish society and to be elevated by the State and in the mindset of all its people. This could bring about a significant positive step on the journey of re-righting the ill-effects of marginalisation, exclusion and oppression and create an opportunity to shape a better future for Travellers.

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