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O’Flaherty wants ‘ethnic identifier’ in criminal process

The Council of Europe's Commissioner for Human Rights has said that “structural anti-Traveller racism and anti-gypsyism” is thwarting progress on protecting the rights of Travellers and Roma in Ireland. 

In a memorandum examining the human-rights situation of both groups, Michael O’Flaherty said that Ireland had developed “ambitious strategies” aimed at a more effective protection of the rights of Travellers and Roma. 

In particular, he praised the “extensive consultation process” with representatives of these communities that informed the development of the new National Traveller and Roma Inclusion Strategy. 

“Despite these positive developments, progress on the ground remains thwarted by structural anti-Traveller racism and anti-gypsyism in Irish society, which permeates all aspects of life,” the commissioner stated. 

Ethnic identifier 

He said that the effects of these structural factors included over-policing and the significant over-representation of Travellers in the criminal-justice system, the lack of culturally appropriate accommodation, and overall sub-standard housing conditions for the communities, significant inequalities experienced by children in schools, and poor health outcomes. 

The memorandum makes several recommendations, such as stronger political commitment to overcome “entrenched discrimination practices”, and “sustainable funding” for targeted peer-led initiatives – including in mental health.  

On the criminal-justice system, O’Flaherty calls for “an accessible independent complaints body” that operates across the criminal justice system. 

He also recommends the introduction of an 'ethnic identifier' throughout the criminal process to ensure that the contributing factors to the over-representation of Travellers in Irish prisons are adequately recognised and addressed. 

‘Amend 2003 law’ call 

The commissioner calls for the amendment of section 19 of the Intoxicating Liquor Act 2003 to include claims of discrimination by licensed premises under the jurisdiction of the Workplace Relations Committee (WRC), rather than the district courts. 

Among the recommendations on accommodation are the repeal of the Trespass Act 2001 “and other provisions that prevent Travellers from practising their nomadic lifestyle”, and the establishing of an independent authority mandated to oversee and co-ordinate the planning and construction of culturally appropriate accommodation at local level. 

Norma Foley (Minister for Children, Equality, Disability, Integration and Youth) described the report as “constructive”, and said that it had raised important issues. 

“While much has been done in recent years to address the issues faced by Travellers and Roma in Ireland, I am conscious that more remains to be done,” she stated, adding that her department remained committed to supporting and implementing the inclusion strategy.