E/CN.4/1996/72/Add.4
page 17
III.
MEASURES TAKEN BY THE GOVERNMENT AND LOCAL COMMUNITIES
69.
The measures taken by the Government and local communities to combat
racism and racial discrimination were exhaustively presented in the fourth
periodic report of the United Kingdom to the Human Rights Committee
(CCPR/C/95/Add.3) and in its twelfth and thirteenth periodic reports to the
Committee on the Elimination of Racial Discrimination (CERD/C/226/Add.4 and
CERD/C/263/Add.7). The Special Rapporteur will therefore not go into detail
on these measures in the present report but will limit himself to brief
recapitulations, emphasizing those measures he believes to be most important.
70.
These measures are legal and administrative. Various incentive measures
have also been taken in the economic, social and cultural fields to ensure
equal opportunity to ethnic minorities and the promotion of their culture.
A.
Legal and administrative measures
71.
In the area of legislation, the principal instrument for combating
racism and racial discrimination is the Race Relations Act, which covers
numerous fields. Under its provisions, it is forbidden to practise racial
discrimination in the fields of employment, education and access to property,
equipment and services, including housing. It targets both direct racial
discrimination whereby one individual is treated less favourably than another
on racial grounds, whereby regulations and conditions are indirectly or
involuntarily imposed, so that persons are put at a disadvantage because of
race. The Act punishes any distinction, exclusion, restriction or preference
based on race, colour, ancestry or national or ethnic origin which constitutes
unfavourable treatment or treatment that puts a person at a disadvantage in
any of the fields covered and which cannot be justified.
72.
The Race Relations Act has undergone several amendments aimed at
strengthening it and broadening its scope, in the field of housing for
example. Its provisions now apply to professional relations between members
of the Bar and between barristers and solicitors, under the 1990 Court and
Legal Service Act. In addition, article 70 of the Act has been repealed, and
the law on incitement to racial hatred incorporated in Title III of the 1986
Public Order Act. Under its terms, the act of publishing or distributing
writings or expressing, in any public place or during any public meeting,
remarks that are threatening, injurious or insulting and that are liable
to arouse hatred towards any racial group in Great Britain constitutes an
offence.
73.
The Commission for Racial Equality is the agency created under the Race
Relations Act to monitor its implementation. It is responsible for overseeing
the elimination of racial discrimination and promoting equal opportunities and
good race relations between the different ethnic groups within the British
population. The Commission is also the main source of information and advice
for the public and is empowered to provide legal assistance to individuals who
feel they have been the victims of illegal discriminatory measures and wish to
apply to the courts. The Commission further advises employers, trade unions
and the police on the implementation of equal opportunity legislation.