Racial discrimination persists in virtually every society, and in every state's institutions, writes Kader Asmal
Growing up in the South Africa of the 1940s, I became acutely aware of the worst excesses of racism at a young age. What has since struck me is that state racism as practised under apartheid was brutal, but it was also blatant and unapologetic - whereas state racism, where it is less overt or wilful, is often hidden from view.
Having graduated as a lawyer in the UK in 1963, and unable to return to South Africa because of my political activities, I accepted a post lecturing in law at Trinity College, Dublin, where I spent the next 25 years. During that time, Ireland was a relatively monocultural society, although discrimination against Travellers was a feature of private and political life.
The transformation in Irish society in the last 15 years has been striking. With the arrival of new communities has come an overdue focus on other aspects of inequality such as racial discrimination. The other feature which has struck me is the proliferation of effective non-governmental organisations.
In Ireland, as elsewhere, racism exists at State institution level. To deny this would be foolish, since no institution or society is free of discrimination and prejudice.
Yet, political and public discourse on racism has tended to focus on the acts of individuals, whether public or private, rather than how the State itself operates, through its legislation, policy or practice, through its institutions or as a whole.
For this reason, Amnesty International asked the Irish Centre for Human Rights at NUI Galway to conduct a study on racism at the level of the Irish State and its institutions. I am in Ireland today, International Day Against Racism, to launch that report.
The right to be free from racial discrimination is a fundamental principle of human rights law. Especially where it occurs at the level of the State, racism is an attack on the very notion of universal human rights.
The actual or potential discriminatory effects of law or policy can be quite subtle and hidden. Often, racial discrimination by the state is unintentional - it is a by-product of an apparently neutral act or policy - but no less harmful to its victims for that fact.
One of the key recommendations from the World Conference Against Racism, held in Durban in my home country in 2001, was that all member states should adopt national action plans to combat racism. The Irish Government is to be commended in being one of the few to have done so.
The National Action Plan Against Racism launched in January 2005 officially highlights the need to address racism at an institutional and systemic level. It recommends that State institutions recognise and make reasonable accommodation for cultural diversity, and take appropriate positive action as necessary.
A human rights-based approach is essential in tackling racism at the level of the State and its institutions - it imposes de facto equality, rationality, transparency and accountability.
Because of our history, we, in South Africa, recognise as a "founding provision" in our constitution, non-racialism and non-sexism. From my experience in constitution-making and in the drafting of our equality legislation, we concluded that our government had to adopt a uniform equality strategy across all government departments and state bodies.
All services provided or funded by the state had to be obliged to review their availability, accessibility and appropriateness for all groups, and to redress any imbalance. In the constitution, the state can adopt measures to provide redress for past inequalities.
All laws, policies and practices are to be regularly and systematically reviewed. (I was pleased to read from the report that the Garda have made an important stride in this context, in commissioning and publishing a human rights audit of policing policy and practice, and an action plan to implement its recommendations.)
We felt that state institutions, and especially those at particular risk of institutional racism such as the judiciary, should have an enforceable code of practice. All State agents should receive appropriate and effective anti-racism and human rights training. Special measures should be taken to recruit members of minority communities to posts within State and quasi-State institutions.
Provision should be made for the meaningful and effective participation of minority ethnic communities in State decision-making processes. This should include the State identifying and implementing innovative methods for resourcing, supporting and involving minority-led NGOs, to ensure that minority groups are equitably represented in local and national government.
Racial discrimination persists in virtually every society, and in every state's institutions.
I encourage the Irish Government to live up to the letter and spirit of Durban, 2001, and take action on the sensible and achievable recommendations set out in Amnesty International's report. This report points the way ahead. It cannot be the last word, however, as further research is needed in some of the areas identified.
Overall, the scorecard is in favour of Ireland, in my view. Where states show the courage of their conviction to firmly identify and weed out discriminatory laws, policies and institutional practices, it can be combated.
I earnestly hope that the Irish Government will take this report as it is intended, as a constructive engagement with what is a difficult but essential task.
Professor Kader Asmal, MP is the former minister of education in South Africa and chairman of the Irish Anti-Apartheid Movement until 1990