UK Third

Strasbourg, 22 December 2011
Public
ACFC/OP/III(2011)006
ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION

FOR THE PROTECTION OF NATIONAL MINORITIES
____________________________________
Third Opinion on the United Kingdom

adopted on 30 June 2011
EXECUTIVE SUMMARY
The authorities of the United Kingdom have maintained a positive approach to the monitoring
process of the Framework Convention. Substantial progress has been made in promoting and
advancing equality of persons belonging to different minority ethnic communities, based on
extensive data collection. Important steps have been taken in recent years, in particular with the
adoption in 2010 of the new Equality Act. The application of this act could set new standards in
combating discrimination and promoting equality in all areas of life. Participation of persons
belonging to minority ethnic communities in public affairs, and in social and economic life, has
improved, although inequalities persist in some areas, such as employment, housing and health
care, and affect some groups in particular.
Significant efforts have been made to combat hate crime. It is, however, on the increase since
the adoption of the second Opinion of the Advisory Committee. Hostility in some sectors of the
majority population against groups such as Gypsies, Travellers and Roma, migrants and
Muslims persist. It is sometimes aggravated by the media stirring up hostility and prejudices
against these groups.
Additional measures have been taken in Scotland and Wales to promote the use of minority
languages.
Additional steps should be taken to develop a comprehensive and human rights-based anti-
discrimination and equality legislation for Northern Ireland as well as legislation on the use of
the Irish language and activities to promote its use in public life.
The situation of Gypsies and Travellers remains of particular concern, despite measures
undertaken by the authorities, in particular in the area of education. They continue to experience
significant difficulties in the field of accommodation, due to a persisting shortage of adequate
permanent and transit sites throughout the country, resulting in frequent evictions and
sometimes in tensions with the majority population.
The authorities have decided to carry out important budgetary cuts in many areas, which are
likely to have a significant impact on persons belonging to minority ethnic communities in many
spheres. It is important to assess carefully the impact of budgetary stringency on minority ethnic
communities.
Issues for immediate action
 Take measures to ensure that budgetary cuts are kept at a minimum and do not
have a disproportionately negative impact on the situation of persons belonging to
minority ethnic communities, by means of impact assessments of ongoing and planned cuts
and careful monitoring;
 Take more vigorous measures to meet the accommodation needs of Gypsies and
Travellers; increase the delivery of sites, including by improving the coordination of the
different levels of authorities involved in sites delivery; ensure that local authorities
comply with their responsibilities in sites delivery and find adequate solutions to the
accommodation needs of Gypsies and Travellers;
 Develop comprehensive legislation on the Irish language in Northern Ireland and

take resolute measures to protect and implement more effectively the language rights of
persons belonging to the Irish-speaking community.
2
TABLE OF CONTENTS
I. MAIN FINDINGS............................................................................................................ 5
Monitoring process.................................................................................................................... 5
General overview of the implementation of the Framework Convention after two monitoring
cycles ........................................................................................................................................ 5
Legislative and institutional framework ..................................................................................... 6
Situation of Gypsies and Travellers ........................................................................................... 7
Combating racism and intolerance ............................................................................................. 7
Use of minority languages ......................................................................................................... 8
Education .................................................................................................................................. 8
Participation .............................................................................................................................. 8
II. ARTICLE-BY-ARTICLE FINDINGS........................................................................ 9
Article 3 of the Framework Convention..................................................................................... 9
Article 4 of the Framework Convention....................................................................................12
Article 10 of the Framework Convention..................................................................................28
Articles 17 and 18 of the Framework Convention .....................................................................39
III. CONCLUSIONS .........................................................................................................41
Positive developments following two cycles of monitoring.......................................................41
Issues of concern following two cycles of monitoring...............................................................41
Recommendations ....................................................................................................................42
Issues for immediate action ......................................................................................................42
Further recommendations .........................................................................................................43
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ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE

PROTECTION OF NATIONAL MINORITIES
THIRD OPINION ON THE UNITED KINGDOM
1. The Advisory Committee adopted the present Opinion on the United Kingdom in
accordance with Article 26 (1) of the Framework Convention and Rule 23 of Resolution (97) 10
of the Committee of Ministers. The findings are based on information contained in the State
Report (hereinafter the State Report), received on 23 March 2010, and other written sources and
on information obtained by the Advisory Committee from governmental and non-governmental
contacts during its visit to Belfast, Edinburgh, Cardiff and London from 7 to 11 March 2011.
2. Section I below contains the Advisory Committee’s main findings on key issues
pertaining to the implementation of the Framework Convention in the United Kingdom. These
findings reflect the more detailed article-by-article findings contained in Section II, which
covers those provisions of the Framework Convention on which the Advisory Committee has
substantive issues to raise.
3. Both sections make extensive reference to the follow-up given to the findings of the
monitoring of the Framework Convention, contained in the Advisory Committee’s first and
second Opinions on the United Kingdom, adopted on 30 November 2001 and 6 June 2007
respectively, and in the Committee of Ministers’ corresponding Resolutions, adopted on 13 June
2002 and 9 July 2008.
4. The concluding remarks, contained in Section III, could serve as the basis for the
Committee of Ministers’ forthcoming conclusions and recommendations on the United
Kingdom.
5. The Advisory Committee looks forward to continuing its dialogue with the authorities of
the United Kingdom as well as with representatives of national minorities and others involved in
the implementation of the Framework Convention. In order to promote an inclusive and
transparent process, the Advisory Committee strongly encourages the authorities to make the
present Opinion public upon its receipt. The Advisory Committee would also like to bring to the
attention of state parties that on 16 April 2009, the Committee of Ministers adopted new rules
for the publication of the Advisory Committee’s Opinion and other monitoring documents,
aiming at increasing transparency and at sharing the information on the monitoring findings and
conclusions with all the parties involved at an early stage (see Resolution CM/Res(2009)3
amending Resolution (97) 10 on the monitoring arrangements under Articles 24-26 of the
Framework Convention for the Protection of National Minorities).
4
I. MAIN FINDINGS
Monitoring process
6. The authorities of the United Kingdom have maintained a positive approach to the
monitoring process of the Framework Convention. The Advisory Committee welcomes the
publication of its second Opinion, jointly with the comments of the authorities, on 26 October
2007, before the Resolution of the Committee of Ministers was adopted on 9 July 2008.
7. The Advisory Committee notes with satisfaction that a number of minority
representatives and organisations were consulted in the preparation of the third State Report and
were invited to comment on a draft of the report. It also welcomes the fact that it received a
large number of submissions from civil society organisations. Despite this, it appears that
awareness of the Framework Convention still remains somewhat limited, including among
persons belonging to minorities. Therefore, the Advisory Committee encourages the authorities
to continue and step up the involvement of minority and other civil society actors in the
monitoring process. They should also launch awareness-raising measures on minority rights and
the Framework Convention.
8. The Advisory Committee welcomes the increased participation of the devolved
executives of Scotland and Wales in the State Report, which contributes significantly to
improving the quality of information provided. However, it notes with concern that the Northern
Ireland Executive did not contribute at all to the drafting of the State Report. Consequently, the
State Report lacks information from the authorities, as well as from the non-governmental side
in Northern Ireland, as the lack of participation of the authorities also prevented NGOs and
minority representatives from being involved in the reporting process. The authorities in
Northern Ireland informed the Advisory Committee that this failure was due to a lack of political
consensus in the devolved executive on minority and human rights-related issues. The Advisory
Committee regrets this situation and urges the authorities in Northern Ireland to demonstrate
their commitment to the goals of the Convention through full participation in the preparation of
the next report. The Advisory Committee also regrets that no expert appointed in respect of the
United Kingdom was elected on the list of experts eligible to sit on the Advisory Committee at
the time of preparation of this Opinion and that, therefore, it could not benefit from the
knowledge and insight of such an expert.
General overview of the implementation of the Framework Convention after two

monitoring cycles
9. Significant progress has been made in promoting and advancing equality of persons
belonging to different minority ethnic communities since the second monitoring cycle. Figures
indicate an overall reduction of inequalities between ethnic minority communities and the
majority population in the fields of education and employment in particular. Specific efforts
were made to improve the collection of evidence and data on the situation of persons belonging
to minorities. Even though data collection does still not manage to capture the situation of
persons belonging to all minority ethnic groups, improvements in this field have led to better
needs assessment. Various public bodies and service providers have been allocated additional
duties with a view to promoting equality further.
10. While very important and far-reaching steps have been taken to develop policies and the
legislation in the field of equality (see remarks under paragraph 14 below), there is a need for a
more rights-based approach in the efforts to promote equality and for greater awareness of
human rights and of minority rights as part of human rights in society at large. Debates are
5
ongoing among politicians and in some media about the value of the Human Rights Act of 1999
and worrying views advocating the abolition of this act have been expressed. The negative
discourse on human rights that is disseminated by some politicians can but have a detrimental
impact on the promotion of equality as a whole. A parliamentary commission has now been set
up to investigate the creation of a Bill of Rights for the United Kingdom and the Advisory
Committee hopes that the work of this commission will result in improved protection of human
rights as a whole.
11. The authorities have decided to carry out important budgetary cuts in many areas, which
are likely to have a significant impact on persons belonging to minority ethnic communities.
While acknowledging that the authorities need to respond to challenges posed by the global
economic crisis, the Advisory Committee believes that it is important to assess carefully the
impact of budgetary stringency on persons belonging to minority ethnic communities, especially
those belonging to the most disadvantaged groups in society, so as to avoid jeopardising the
progress achieved in the last decade in the field of equality and harming social cohesion as a
whole.
12. The Advisory Committee observes that a key priority of the current Government policy
is to promote decentralisation, i.e., localism, and that a Localism Bill1 is currently before the
Parliament. Decentralisation of decision-making is in principle better suited to local needs.
Nevertheless, it is important to ensure that persons belonging to minority ethnic communities
continue to have access to support, and that localism does not result in disproportionately less
access to support for these persons than previously available under more centralised decision-
making processes.
13. Therefore, steps should be taken to put in place institutional guarantees to ensure that the
rights of persons belonging to minority ethnic communities are respected and implemented at
local level. Such steps include a clear framework, implementing mechanisms and guidelines
from government for linking national legislation and policy regarding minority ethnic groups
with local administration mandates. They should also include sanctions for non-compliance by
local authorities, where appropriate; providing redress for individuals; deepening and
broadening the knowledge by local authorities and politicians of human rights and minority
rights, including the Framework Convention for the Protection of National Minorities; carrying
out careful and regular monitoring of how the local situation for minority ethnic communities
compares with the country as a whole, as well as appropriate needs assessment; and ensuring a
consistent application of the provisions of the Framework Convention throughout the country.
Legislative and institutional framework

14. Important steps have been taken in recent years, in particular with the adoption in 2010
of the new Equality Act. This act harmonises and replaces many previous strands of anti-
discrimination legislation, simplifying and strengthening protection against discrimination and
establishing a comprehensive, cross-cutting legislative framework which covers the
multidimensionality of discrimination and broadens protected characteristics. This act could
prove a milestone and set new standards in combating discrimination. The Equality and Human
Rights Commission, as well as the Human Rights Commissions in Northern Ireland and
Scotland have continued to carry out important and laudable work in implementing the existing
legislation, providing analysis and studies and raising awareness of the population. It is
important to ensure that financial restrictions do not prevent them from continuing to carry out
their work effectively and independently in the future.
1
The Localism Bill entered the parliamentary procedure in April 2011.
6
15. In Northern Ireland, it is regrettable that the legislative process seems to have stalled
with regard to the preparation of a Single Equality Act, and a Bill of Rights for Northern Ireland,
as well as legislation on the Irish language. The Belfast (Good Friday) Agreement of 1998 as
well as the St Andrews Agreement (2006) introduced a duty for the authorities to develop and
adopt such a legislation and the lack of progress on these issues, due to a lack of consensus
within the devolved executive, is to the detriment of persons belonging to minorities.
Situation of Gypsies and Travellers

16. Gypsies and Travellers continue to experience significant difficulties in various areas of
life, and in particular in the field of accommodation. There is a persisting shortage of adequate
permanent and transit sites throughout the country, resulting in unauthorised encampment,
evictions and frequent tensions with the settled population. Local authorities are often reluctant
to provide new sites, or refurbish existing ones. Gypsies and Travellers also experience
difficulties in obtaining planning permission for private sites. Reforms are foreseen in the
existing planning system, as well as in the overall system of delivery of sites, which aim at
granting more competences to local authorities in decision-making concerning the
accommodation of Gypsies and Travellers. It is important to ensure that this new approach does
not result in local authorities deciding arbitrarily on whether there is a need for more sites and,
in the longer term, in an even greater shortage of sites.
17. Gypsies and Travellers also experience disadvantages in areas such as education and
access to health care. There is a persisting need for a more resolute and comprehensive approach
by the authorities, including the devolved executives. Against this background, recent initiatives,
such as the setting up of an inter-ministerial commission to tackle the difficulties faced by
Gypsies and Travellers in England and Wales and the elaboration, in Wales, of a National
Strategy for Gypsies and Travellers, are to be welcomed.
Combating racism and intolerance

18. The authorities have made continued efforts to implement measures to fight all forms of
racism and intolerance in society. Significant progress has taken place with regard to data
collection on hate crime. This data indicates that hate crime is on the increase since the adoption
of the second Opinion of the Advisory Committee, which is a cause for concern. There is a
worrying level of hostility against Gypsies, Travellers, migrants and Roma, a situation that is
sometimes aggravated by certain sections of the media stirring up hostility and prejudices
against them and other ethnic minority communities. There has also been a steady rise in
Islamophobia and in hate crime against Muslims, a rise in incidents of anti-Irish racism reported
in Scotland, as well as attacks against Roma families in Belfast in 2009. This situation is a
source of concern.
19. Persons belonging to minority ethnic communities indicate that they continue to be
subject to significantly higher rates of stop and search than the majority population. While
amendments to the Terrorism Act 2000, adopted by the authorities following the judgement of
the European Court of Human Rights in Gillan and Quinton v. UK, are to be welcomed, stop
and search powers are disproportionately used against persons belonging to some minority
groups at United Kingdom ports, borders and railway stations and on the border with Ireland.
20. The ongoing cooperation and continuously improving relations between the
representatives of the two main communities in the Northern Ireland Executive is encouraging;
nevertheless greater efforts should be made to encourage intercultural dialogue and mutual
understanding. Furthermore a lack of a long-term integration strategy for persons belonging to
minority ethnic communities leaves them on the fringes of mainstream society.
7
Use of minority languages

21. In Northern Ireland, the authorities have failed to adopt comprehensive legislation on the
Irish language and the general climate is not conducive to promoting the use of this language in
public life. It is regrettable that measures to promote the visibility and use of this language have
often been opposed with the justification that they constitute a discrimination against other
groups of the population.
22. In Scotland, progress has been made in promoting the use of the Gaelic and Scots
languages, although improvements are still needed, in particular regarding the use of Gaelic in
relations with local authorities and the setting up of bilingual road signs. Additional measures
are also needed to support the learning of the Gaelic and Scots languages at school.
23. In Wales, significant efforts have been made to continue promoting the use of the Welsh
language, especially since the adoption in 2010 of the Welsh Language Measure which confirms
the status of Welsh as an official language. Further steps should be taken, however, to ensure
that the Welsh language can be used more consistently in relations with the local authorities. It is
important to ensure continued support for quality broadcasting in Welsh, notably through the
S4C television channel.
Education
24. The gaps in participation and achievements in education between students from minority
ethnic communities and from the majority appear to be slowly narrowing at all levels of the
education system. However, pupils belonging to some minority ethnic communities continue to
have markedly lower achievement rates and higher exclusion rates.
25. Following recent changes in policies (see paragraph 12 above), it is now up to local
communities and schools to decide on how they want to spend the available funds, including
those which were until recently earmarked for pupils from minority ethnic communities. It is
essential to ensure that the progress made towards reducing inequalities in education between
minority ethnic communities’ students and students from the majority population is not
jeopardised by the lifting of the ring-fencing on a number of the funds previously set aside for
them.
Participation
26. Participation of persons belonging to minority ethnic communities in elected bodies has
improved in all regions, although they are still insufficiently representative of the diversity of
society. Further efforts have been made to improve the recruitment and retention of persons with
a minority ethnic background in public services, in particular the police and the judiciary. These
efforts remain, however, insufficient and further progress is in particular needed in order to
achieve the goal of a truly multiethnic police force.
27. The authorities have continued to take measures to improve the participation of persons
belonging to minority ethnic groups in socio-economic life, and to monitor improvements
through extensive data collection (see remarks paragraph 9 above). However, despite the
progress achieved in recent years, inequalities persist in some areas and for persons belonging to
some groups, in particular in the field of employment and housing. Some recent migrants and
asylum-seekers belonging to minority ethnic communities, including Roma, are facing
destitution and experiencing substandard living conditions, due to a lack of access to social
support and recent cuts in funds for the support of asylum-seekers.
8
II. ARTICLE-BY-ARTICLE FINDINGS
Article 3 of the Framework Convention
Scope of application of the Framework Convention
Recommendations from the two previous cycles of monitoring

28. In the previous monitoring cycles, the Advisory Committee welcomed the United
Kingdom’s wide interpretation of the scope of application of the Framework Convention, which
extended coverage to “racial groups” as set out in the Race Relations Act (1976), i.e. to any
groups present as a minority in the United Kingdom and defined by “colour, race, nationality or
national or ethnic origins”.2
29. However, the Advisory Committee considered that over-reliance on the “racial group”
criterion, without evaluating the possible relevance of other criteria, may result in exclusions of
groups that have legitimate claims to be covered. In this context, the formal non-inclusion of
Scottish Gypsies / Travellers was deemed particularly problematic.
Present situation
30. The Advisory Committee observes with satisfaction that the authorities have reiterated
that they will continue to apply a broad interpretation of the scope of application of the
Framework Convention. It is also pleased to note that the adoption of the Equality Act (2010),
which applies throughout the United Kingdom with the exception of Northern Ireland, extends
interpretation of the protected characteristic of race and allows for possible future amendments
so that caste may be considered as an aspect of race.
31. The Advisory Committee welcomes the ruling in the case of K. Maclennan v./ Gypsy
Traveller Education and Information Project3 recognising that Scottish Gypsies/Travellers have
‘ethnic origins’ within the meaning of the Race Relations Act (1976), and therefore enjoy
protection of this Act and of the Framework Convention for the Protection of National
Minorities.
32. The Advisory Committee is informed that Cornish organisations and individuals have
continued to put forward the case for inclusion of the Cornish under the scope of application of
the Framework Convention. They claim that they need additional support and legal guarantees
for the development of their distinct cultural and linguistic identity.
33. It is also informed of the continued claims of representatives of Muslim communities to
benefit from the protection of the Framework Convention. They underline that many of them
identify primarily as members of the Muslim community rather than affiliating with a particular
ethnic group or background, such as Pakistani, Bengladeshi or Somali and, as such, would like
to have their distinct identity and culture as Muslims protected under the Framework
Convention, in line with the principle of self-identification. The interlocutors of the Advisory
Committee regretted that they were not able to engage in a dialogue with the authorities on this
issue. They feel that the recognition of Jews and Sikhs as minorities protected under the
Framework Convention paves the way for other groups identified by a common religious and
cultural background also to benefit from the protection of the Framework Convention.
2
This approach has allowed a wide range of groups - including minority ethnic communities-, the Scots, Irish and Welsh, Sikhs,
Jews, Gypsies and Irish Travellers as well as Roma - to receive protection under the Framework Convention.
3
Mr K MacLennan v./ Gypsy Traveller Education and Information Project, S/132721/07
9
34. The Advisory Committee reiterates its view that, although the scope of application
defined by the authorities of the United Kingdom is wide, the continued over-reliance on the
“racial group” criterion may result in a priori exclusions from the scope of application of the
Framework Convention of groups that have legitimate claims. Therefore, it finds that the
authorities should seek to engage in dialogue with persons identifying with groups currently not
covered by the Framework Convention to evaluate their claims, bearing in mind the right to free
self-identification guaranteed by Article 3.1 of the Framework Convention.
Recommendations
35. The authorities are invited to reflect on adopting a more flexible approach to the criteria
used to determine the scope of application of the Framework Convention.
36. The Advisory Committee also invites the Government to give due consideration to the
claims for recognition under the Framework Convention raised by representatives of the Muslim
community, and possibly other groups, and to engage in a dialogue with them.
Census categories

37. In the previous monitoring cycles, the Advisory Committee welcomed the fact that the
authorities of the United Kingdom had embarked on an extensive review, including wide-
ranging consultations with representatives of minority ethnic communities, of questions relating
to the ethnic identity of census respondents. It noted, however, that concerns had been
expressed about potential inadequate population estimates for some minorities, including new
migrants, and also encouraged the authorities of the United Kingdom to consider proposals from
other groups, including the Cornish.
Present situation
38. The census was carried out on 27 March 2011 on the basis of distinct questionnaires
specifically prepared for each respective jurisdiction. The Advisory Committee is pleased to
note that many significant developments were included in the form as a result of the extensive
preparatory consultations carried out in recent years by the authorities. The Advisory Committee
also recognises the efforts made by the authorities in the preparation of this census, such as the
development of the Census Community Liaison Programme and the establishment of a Census
Advisory Group, to develop effective strategies to allow for accurate reporting of statistics
relating to various minority ethnic groups.
39. The Advisory Committee warmly welcomes the inclusion of a national identity tick box
allowing for respondents to self-identify as British, English, Scottish, Welsh, Northern Irish and
Irish (in Northern Ireland) and /or by indicating another national identity, thereby allowing for
declaring multiple national identities. Furthermore, the ethnicity question in the 2011 Census
has also been expanded to include, among others, Gypsy / (Irish) Traveller (in Scotland); Arab
(in England, Scotland and Wales); and Polish (in Scotland). The Advisory Committee also
commends the introduction, in Scotland, of a question on ethnicity which relates to the
geographical origin of persons belonging to some minority groups.4
40. The inclusion in the 2011 census of a general question concerning language proficiency
is to be welcomed as an opportunity to gather useful information to help meet the linguistic
needs of persons belonging to minority communities. In England, Wales and Northern Ireland,
4
Groups now referred to as « African, African Scottish » and « African British ». There is also a possibility to identify as
“Black”, “Black Scottish” or “Black British”.
10
respondents were able to nominate their main language, if this is not English (or Welsh in
Wales), as well as indicate their proficiency in English. In Scotland, respondents were invited to
indicate any language other than English that is used in the home. Furthermore, in Northern
Ireland and Scotland, respondents were asked to indicate their proficiency in Irish and Ulster
Scots or Scottish Gaelic and Scots respectively. This is another commendable development.
Against this background, the Advisory Committee believes that the authorities in Northern
Ireland should make every effort to ensure that the census results are not used to further
politicise the language issue (see also remarks under Article 5 and 10 below).
41. However, the Advisory Committee notes concerns expressed by various minority
representatives that the census would not accurately reflect the numbers of people belonging to
certain communities, in particular new migrants from Central and Eastern Europe, Gypsies and
Travellers and Irish.
42. Cornish representatives have criticised the decision not to include in the census a
separate tick box for the Cornish national identity in spite of the increasing trend among the
community, according to these representatives, to self-identify as Cornish.
Recommendation
43. The Advisory Committee invites the authorities to continue research and consultation
that will allow for effective strategies and expanded and adapted enumeration procedures to be
developed for future censuses, so as to ensure accurate data collection, in line with the principles
of Article 3 of the Framework Convention and internationally recognised data protection
standards.5
Respect for the right to free self-identification in Northern Ireland
Recommendations from the previous cycles of monitoring

44. In previous monitoring cycles, the Advisory Committee reminded the authorities that the
possibility for employers in Northern Ireland to determine the community background of
employees in cases where no information was provided in the context of work force monitoring
was understandable in the specific context of Northern Ireland, but was nonetheless a restriction
on the right to free self-identification. It should therefore be subject to regular review.
Present situation
45. The Advisory Committee underlines the importance that workforce monitoring has had
in supporting fair participation of under-represented groups in employment. While research
conducted by the Equality Commission for Northern Ireland would appear to demonstrate a
“steady and consistent convergence of the workforce”6, it is nonetheless, according to different
interlocutors of the Advisory Committee, too early to conclude that workforce monitoring,
including through the subjective determination of community background by employers, should
be reduced or brought to an end. The Advisory Committee reiterates, however, that this practice
impinges on the right to free self-identification of the persons concerned as guaranteed by
Article 3.1 of the Framework Convention. It should therefore be carefully monitored and
reviewed against progress made in the field of equal opportunities in the labour market. As
progress continues, workforce monitoring could be mainstreamed and expanded to include
5
See: Committee of Ministers' Recommendation No. (97) 18 and the Council of Europe Convention ETS 108 concerning the
protection of personal data collected and processed for statistical purposes as well as the recommendations of the United Nations
Economic Commission for Europe prepared in co-operation with the Statistical Office of the European Communities.
6
Equality Commission of Northern Ireland, Monitoring Report No. 20, 17 October 2010.
11
persons belonging to minority ethnic communities as a means of assessing equality of

opportunity in the labour market for these persons as well.
46. The Advisory Committee also understands that the affiliation with either of the two main
communities (Catholic and Protestant) continues to be referred to frequently in many aspects of
daily life, even though this affiliation often goes beyond religious belief and the terminology
used is therefore not adequate. Moreover, it was informed that the lack of affiliation with one of
the two communities, in particular for persons belonging to minority ethnic communities, results
in disadvantages in various areas, such as participation in public affairs and the support for
language and culture. Against this background, the Advisory Committee draws the attention of
the authorities to the self-identification categories (such as citizenship or national identity) that
were recently introduced in the 2011 census. Data collected under these new categories could
also help better analyse the situation of under-represented groups (including minority ethnic
communities) in employment and other fields in the future, while fully respecting the right to
free self-identification protected under Article 3.1 of the Framework Convention.
Recommendations
47. The authorities should continue to review regularly the duty for employers to determine
the community background of their employees in the context of work force monitoring against
its relevance to the objective of securing equality in the field of employment. They should also
consider including persons belonging to minority ethnic communities in workforce monitoring,
while fully respecting the right to free self-identification.
48. The Advisory Committee also encourages the authorities to build on the criteria
introduced in the 2011 census and start using identification criteria other than
community/religious background so as to obtain more accurate data on the population as a
whole.
Legislative and institutional developments in anti-discrimination in Great-Britain

49. In the previous monitoring cycles, the Advisory Committee welcomed adoption of the
Equality Act in 2006, as well as the initiation of a Discrimination Law Review with a view to
creating a more simplified and coherent framework for the protection against discrimination.
However, concerns were also expressed about the resources and support given to combating
discrimination in the context of the newly established Equality and Human Rights Commission.
Present situation
50. The Advisory Committee welcomes the adoption by the Government of the United
Kingdom of the Equality Act (2010) on 6 April 2010. This Act harmonises and replaces many
previous strands of anti-discrimination legislation, simplifying and strengthening protections and
establishing a comprehensive, cross-cutting legislative framework, addressing a number of
inconsistencies in anti-discrimination legislation identified previously by the Advisory
Committee and the European Commission against Racism and Intolerance.7 The Advisory
Committee warmly welcomes the positive action provisions in the new Equality Act.8 These
7
See European Commission against Racism and Intolerance, Fourth Report on the United Kingdom, adopted on 2 March 2010.
8
Which entered into force in April 2011.
12
provisions allow proportionate action to be taken to encourage or enable persons with protected
characteristics to overcome a disadvantage for reasons connected to that protected characteristic.
51. The Advisory Committee also considers that the inclusion of a multiple discrimination
provision in the Act is a significant development. Whereas the Government has postponed
enactment of this provision pending further consideration, the Advisory Committee notes with
satisfaction that the Employment Appeals Tribunal expressed the view that employees are
protected from multiple discrimination by the existing legislation.9
52. The Advisory Committee also considers as a significant positive development the new
public sector equality duty contained in the Equality Act. Public bodies (and private bodies with
respect to any public functions they may carry out) will now be legally obliged to have due
regard to the need to eliminate unlawful discrimination, advance equality of opportunity, and
foster good relations. The Advisory Committee expects that the authorities will consider
measures to ensure the implementation of this part of the Equality Act in the near future.
53. Considering the major role played by the Equality and Human Rights Commission
(EHRC) and the fact that it embodies the multidimensionality of discrimination and the
intersection between equality and human rights, the Advisory Committee deeply regrets the
sweeping cuts imposed on the EHCR, noting that its budget will have diminished by 68% by
2015 and that staffing levels will be reduced from 460 to 200 within 12 months. The Advisory
Committee is concerned that such drastic cuts could severely undermine the ability of the EHRC
to carry out its task effectively and independently.
Recommendations
54. The Advisory Committee encourages the authorities to promote a full and effective
implementation of the new Equality Act, as well as monitoring of its implementation.
55. The Advisory Committee calls on the authorities to consider carefully the scale and
impact of the proposed cuts on the Equality and Human Rights Commission and urges them to
ensure that the Commission has all necessary resources to carry out its functions effectively and
independently.
Efforts to ensure full and effective equality

56. In the previous monitoring cycles, the Advisory Committee observed developments such
as the adoption of Race Equality Schemes across the UK. Nevertheless, persons belonging to
minority ethnic communities continued to face considerable inequalities in the fields of heath
and employment.
Present situation
57. The Advisory Committee welcomes the continued efforts of the authorities to promote
equality in all areas of life, including employment, education, housing and access to health care
(see remarks under Article 15 below), through comprehensive strategies, such as the Racial
Equality Strategy in Northern Ireland, the strategy to tackle racial inequalities in England and
Wales and the Fund for Tackling Race Inequalities set up to implement this strategy, as well as
the Race Equality Scheme for 2008-2011 in Scotland. The Advisory Committee expects that the
authorities will continue to allocate sufficient funding for the implementation of these strategies.
9
See O’Reilly v/. BBC, case no 2200423/2010 of 10 January 2011 and C. and Khan v. Ghafoor t/a Go Go Real Estate, case
no.1809595/09 of 2 July 2010.
13
Furthermore, monitoring of their impact and monitoring of equality in various areas of life is
well advanced in the United Kingdom, although there remain inconsistencies and lack of data in
some areas. Therefore, the Advisory Committee is pleased to learn that the Government and the
devolved administrations continue to work on ways to improve and complement data collection.
58. The Advisory Committee notes with concern that recently arrived migrants and asylum-
seekers belonging to minority ethnic communities, including Roma, frequently face destitution
and substandard accommodation, even homelessness. Many of them have limited access to
social support in case of unemployment. Information brought to the attention of the Advisory
Committee indicates that some Roma migrants in particular do not have access to social services
due to a lack of familiarity with the system in place and reluctance to approach the authorities.
Migrant women whose situation depends on the status of their husband are particularly
vulnerable to poverty. While acknowledging that the authorities have made efforts to tackle
these problems, particularly in Scotland where asylum-seekers still have access to support upon
arrival, the Advisory Committee deplores the recent cuts in provision of support to asylum-
seekers in England, Wales and Northern Ireland. The Advisory Committee believes that the
authorities should consider adopting measures to address the situation of migrants who slip
through the social protection net and avoid cases of destitution and homelessness.
59. Difficulties faced by Gypsies and Travellers throughout the United Kingdom in the areas
of employment, education (see remarks under Article 12 below), health care (see remarks under
Article 15 below) and accommodation (see remarks under Article 5 below) are also a source of
concern for the Advisory Committee. While commending the efforts undertaken and results
achieved by the authorities in this field, the Advisory Committee is concerned by the argument
sometimes put forward by the authorities that taking specific measures to improve the situation
of Gypsies and Travellers, particularly in the field of housing, discriminates against persons
belonging to the majority population (see also remarks under Article 5 below). The Advisory
Committee appreciates that, in the case of Dale Farm,10 the local authorities and politicians have
followed a twin-track approach, seeking to enforce the law while pursuing dialogue in
consultation with representatives of local Travellers in order to avoid forced eviction. However,
the authorities also informed the Advisory Committee that equality under the law of the United
Kingdom is to be understood as formal equality before the law, and not as providing additional
rights for minorities. The Advisory Committee reiterates its view that such an understanding of
special measures for disadvantaged minority groups is not in line with the principles of Article
4.2 and Article 4.3 of the Framework Convention and does not take into account the undertaking
by States Parties in this article to adopt, where necessary, adequate measures to promote full and
effective equality. 11
60. In the context of the current financial climate, the Ministry of Justice launched a
consultation on a possible reform of legal aid provision in England and Wales. While the
proposal to retain discrimination cases within the scope of legal aid is to be welcomed, the
Advisory Committee is concerned by the proposal to withdraw support for legal representation
in a number of instances, such as before the Employment Tribunal and the Special Education
Needs and Discrimination Tribunal, and in a number of issues relating to immigration such as
for the granting of leave to remain, entry clearance, citizenship and travel documents and issues
of family or private life. This could have an overwhelmingly disproportionate impact on persons
belonging to some minority ethnic communities, particularly migrants and Roma, Gypsies and
Travellers.
10
The Advisory Committee visited the Dale Farm encampment during its visit to the United Kingdom in March 2011.
11
See Explanatory Report on the Framework Convention for the Protection of National Minorities.
14
Recommendations
61. The Advisory Committee encourages the authorities to continue implementing strategies
to promote equality in all areas of life and on all characteristics relating to minority ethnic
communities protected under the Equality Act, and to allocate sufficient financial support for
their implementation. The authorities should also continue to monitor carefully equality
outcomes, in close consultation with representatives of minority groups and in full respect of
international standards in the field of personal data collection.12
62. The authorities should raise awareness in society that developing special measures to
improve the situation of persons belonging to disadvantaged minority groups, such as Gypsies
and Travellers, should not be considered as discriminating against the majority population, in
line with Article 4.2 and Article 4.3 of the Framework Convention.
63. The Advisory Committee urges the Government to give serious consideration to the
possible impact on persons belonging to minority ethnic communities, including Gypsies,
Travellers and Roma, of the proposed reforms to legal aid.
64. The authorities should pay particular attention to the situation of migrants and asylum-
seekers belonging to minority ethnic communities and take measures to eliminate destitution and
avoid homelessness among these persons.
Anti-discrimination and equality in Northern Ireland

65. In the previous monitoring cycles, the Advisory Committee noted the inconsistencies
between British and Northern Irish legislation that added further complexity in the legislative
framework for combating discrimination. In this context, the Advisory Committee welcomed
the commitment in the St Andrews Agreement for all parties to work towards rapidly fulfilling
longstanding objectives to adopt a Single Equality Act for Northern Ireland and a possible Bill
of Rights for Northern Ireland.
Present situation
66. Despite the commitment undertaken in the St Andrew’s Agreement, no progress has
been made towards adopting comprehensive equality legislation for Northern Ireland, which is a
source of concern for the Advisory Committee. Existing legislation in Northern Ireland remains
complex and piecemeal. Consolidated legislation, such as that adopted in Great-Britain, is
needed to put an end to the significant discrepancies and inconsistencies that exist between the
different jurisdictions.
67. The Advisory Committee notes with interest that the Government led a consultation on
the possible aims and content of a Bill of Rights for Northern Ireland. However, it understands
with regret that no significant progress has been made towards adoption of such a bill.
68. The Advisory Committee is also concerned about reports regarding the manner in which
“Operation Gull”, a form of immigration control at Northern Ireland ports and airports and along
the border with Ireland on passengers travelling within the Common Travel Area, 13 is being
conducted. As the State Report contained no information relating to the implementation of the
Framework Convention in Northern Ireland, no detailed statistics are available on the
implementation of this programme. Nevertheless, information brought to the attention of the
12
See footnote 5.
The Common Travel Area is a passport-free zone that comprises the islands of Ireland, Great Britain, the Isle of Man and the
13
Channel Islands.
15
Advisory Committee raises serious concerns of racial profiling targeting in particular persons
belonging to some minority groups (see also remarks under Articles 17-18 below).
69. The Advisory Committee is pleased to note that progress continues to be made in efforts
to achieve full and effective equality between Protestants and Catholics in the field of
employment in Northern Ireland (see also remarks under Article 3 above). Positive measures to
increase participation of persons belonging to the Irish community in the police force have led to
a marked improvement of participation of members of that community in the work force in line
with Article 4.2 and Article 4.3 of the Framework Convention (see also remarks under Article
15 below).
70. The Advisory Committee notes with concern that the budget of the Northern Ireland
Human Rights Commission (NIHRC) will be cut by 25% from 2013. It should be recalled that
the NIHRC is an important part of the institutional architecture of the Belfast (Good Friday)
Agreement and that it continues to play a major role in promoting respect for human rights. The
NIHRC must therefore have the necessary resources to continue to carry out its tasks effectively.
Recommendations
71. The Advisory Committee urges the authorities to adopt harmonised, comprehensive anti-
discrimination legislation for Northern Ireland in order to put an end to the disparity in
protection against discrimination that exists between Northern Ireland and Great-Britain. It also
calls on the authorities to resume progress towards adoption of a Bill of Rights, reflecting the
particular circumstances of Northern Ireland.
72. Every effort should be made to ensure that the Northern Ireland Human Rights
Commission has the necessary resources to carry out its duties effectively and independently.
73. The authorities should review the manner in which immigration controls are carried out
in ports, airports and along the border with Ireland, so as to avoid any racial profiling of persons
belonging to some minority groups.
Preservation and promotion of minority cultures and languages

74. In the previous monitoring cycles, the Advisory Committee invited the authorities to
ensure that adequate funding opportunities were provided for the initiatives of minority ethnic
organisations aimed at maintaining and developing minority languages and cultures.
Present situation
75. The Advisory Committee notes that the new policy of the government emphasises the
need to reduce public deficits and to cut on a number of expenditures. It also promotes localism
(see also remarks in paragraph 12 above), a policy that devolves significant powers to local
authorities, including in the allocation of funds for different needs, including to those of persons
belonging to national minorities. Against this background, the Advisory Committee notes with
concern that many of the representatives of minorities with whom it met are worried about the
potentially disproportionate impact of budgetary cuts on the sustainability of activities for the
promotion of minority cultures and languages. Their concern is caused on the one hand by the
position of minorities in society in general and the fact that it is more difficult for them to
convince local authorities to allocate funding to meet their needs, especially for persons facing
social exclusion, such as Gypsies and Travellers. On the other hand, the lifting in a number of
16
cases of earmarking for some of the funds previously allocated to persons belonging to minority
ethnic communities also raises concerns that the latter could be left with very limited access to
public support. In this context, the Advisory Committee reiterates its view that it is important to
ensure that local authorities fully implement minority rights and their obligations resulting from
the Framework Convention.
76. Moreover, interlocutors of the Advisory Committee regret that impact assessment of
budgetary restrictions on minority needs seems often not to have been carried out. This lack of
assessment is, reportedly, often connected with a lack of data on the situation of some minorities
in certain areas of life. Against this background, the Advisory Committee notes with
satisfaction that some assessments of budgetary restrictions on the situation of persons
belonging to minority ethnic communities have been made, for instance by the Welsh
authorities. It also welcomes the publication by the Equality and Human Rights Commission
Scotland of guidance to assess adequately the impact of financial decisions which might have a
disproportionate impact on persons belonging to minorities and the dissemination of this
guidance through the public service in Scotland.
77. The Advisory Committee is concerned by plans that have been under preparation since
2009 by the North South Ministerial Council14 relating to Northern Ireland to reconfigure core
support for activities aimed at preserving and promoting the Irish language and culture,
including funds distributed so far through the Irish Language Agency (Foras na Gaeilge).15 The
Advisory Committee is also informed of the concerns of various stakeholders relating to the
intention expressed by the authorities of Northern Ireland to promote the Irish and Ulster Scots
languages and cultures on an equal footing, whereas speakers of the two languages have very
different needs. The Advisory Committee has been made aware of instances where funding for
Irish language provision has been refused on the basis that identical funding could not be
provided for Ulster Scots language (see also remarks under Article 4 and Article 10).
78. Additionally, the Advisory Committee is concerned that most of the attention and efforts
of the authorities continue to be directed at the two main communities, Catholics and
Protestants. The needs in terms of preservation of cultures and languages of persons belonging
to minority ethnic communities are reportedly not adequately catered for. In this context,
restrictions in the funding allocated for the support of these persons, notably through the
Minority Ethnic Fund, could also have a disproportionate effect on them.
79. In Scotland, the Advisory Committee welcomes the fact that the authorities have
continued to provide support to a number of minority organisations and projects targeting
minorities through different funds, such as the Fairer Scotland Fund. However, interlocutors of
the Advisory Committee regret that most of the funds available for minority organisations are
either directed at projects implemented in geographically concentrated minority communities, or
allocated to local authorities. As a result, organisations targeting communities which are not
geographically concentrated have reportedly less access to funds. Additionally, claims have been
made that decisions on the allocation of funding are not always inclusive enough and that it
remains difficult for smaller organisations to access shrinking sources of funding.
80. Interlocutors of the Advisory Committee in Scotland, England and Wales have
underlined that the current streams for access to subsidies for activities aimed at supporting
minority cultures tend to leave aside persons belonging to some minority communities, such as
persons belonging to the Irish minority and migrants from Eastern European countries.
14
The North South Ministerial Council was established following the 1998 Belfast (Good Friday) Agreement. It involves
representatives of the executive of both parts of the island with a view to exchanging information and developing cooperation.
15
Foras na Gaeilge was established following the 1998 Belfast (Good Friday) Agreement. It is responsible for promoting the
Irish language throughout the island of Ireland.
17
Representatives of the Irish minority in particular claim that they have limited access to support
for cultural activities. The Advisory Committee is of the opinion that there is a need for further
development of adequate mechanisms to ensure that the needs of all minorities are adequately
identified and met.
Recommendations
81. The Advisory Committee calls on the authorities to evaluate carefully the impact of
budgetary cuts on the preservation and promotion of minority languages and cultures, in close
cooperation with representatives of the groups concerned, to ensure that they are not
disproportionately affected by budgetary stringency. The authorities should also ensure that
local authorities respect their obligations pertaining to the protection of minority rights.
82. Adequate mechanisms should be put in place to ensure that the needs of all persons
belonging to minorities, including minority ethnic communities in Northern Ireland, are duly
taken into account when allocating support.
83. The Advisory Committee also calls on the authorities to develop and implement
measures to promote the use of the Irish and Ulster Scots languages in Northern Ireland, in close
cooperation with representatives of the groups concerned and based on adequate needs analysis.
Traditional lifestyle of Gypsies and Travellers

and meeting their accommodation needs

84. In the previous monitoring cycles, the Advisory Committee invited the authorities in
England and Wales to comply with the Housing Act of 2004 and ensure greater availability of
sites, while fully involving Gypsy and Traveller representatives in ongoing needs assessments in
the field of accommodation.
85. Both the Scottish and Northern Ireland executives were also invited to improve the
availability of sites, by respectively introducing statutory obligations to address the needs in this
field and allocating more funds for the development of suitable accommodation.
86. The Government and devolved executives were urged to take due account, when
planning evictions from unauthorised sites, of the number and quality of alternative
Gypsy/Traveller sites in the region.
Present situation
87. The Advisory Committee notes with deep concern that, despite the efforts made in
certain regions, Gypsies and Travellers continue to face substantial difficulties in the field of
accommodation. The Advisory Committee received extensive information indicating that
progress in providing both permanent and transit sites has been very limited since its second
Opinion was adopted and that, in general, local authorities have failed to deliver and/or refurbish
sites in accordance with previous needs assessment. In all of the regions that the Advisory
Committee visited, it found out that resistance by local authorities, reflecting also attitudes in the
majority population, is a major obstacle to the provision of new sites and that, where a need to
provide sites has been identified, the authorities often do not take steps to meet this need.
Moreover, it understands that, whereas public funds and financial incentives are available in all
regions for local authorities to build new sites or refurbish existing ones, they are often
underused.
18
88. While the Advisory Committee is aware that there is a shortage of land in some regions,
it is worried by the difficulties facing Gypsies and Travellers in all regions of the United
Kingdom when seeking to obtain planning permission for private sites, bearing in mind in
particular that Gypsies and Travellers are encouraged to develop private sites as an alternative to
publicly run sites. It is of the opinion that planning rules should be applied in a manner that fully
takes into account the specific needs of Gypsies and Travellers and that does not lead to
discriminatory treatment in practice.16
89. In this respect, the Advisory Committee is concerned by proposals contained in a new
Planning Policy for Travellers’ Sites covering England, on which consultation is currently being
carried out. Its expressed aim to introduce more fairness in the system of planning applications
is based on the assumption that Gypsies and Travellers are unduly privileged in planning
procedure. The Advisory Committee wishes to emphasise that, as mentioned in paragraphs 87
and 88 above, Gypsies and Travellers, according to many interlocutors, face disadvantages in
the planning process rather than privileges and that many difficulties and conflicts stem from the
lack of authorised sites and not from Gypsies and Travellers being unduly privileged by the
system (see also remarks paragraph 59 above). This policy also aims at making it more difficult
to grant planning permission retroactively and at strengthening enforcement powers of local
authorities. The Advisory Committee is of the opinion that granting retroactive planning
permission has often allowed the authorities to solve accommodation problems without having
to make use of eviction procedures, which have a demeaning impact on the persons concerned,
in particular on women. Additionally, interlocutors of the Advisory Committee indicated that in
cases of evictions from unauthorised sites, Gypsies and Travellers are often not provided with
adequate alternative accommodation and are therefore forced to stop illegally on the roadside.
90. Other important elements contained in the draft Planning Policy for Travellers’ Sites
mentioned above, as well as in the Localism Bill, are of concern to the Advisory Committee.
These include the planned suppression of Regional Spatial Strategies whose aim was to
coordinate local planning issues with wider-ranging national policy goals. While understanding
that these strategies were not always easy to design and implement, the Advisory Committee is
concerned that, should this provision come into force, it would leave it entirely up to local
councils to take decisions concerning the accommodation needs of Gypsies and Travellers.
Additionally, the new Planning Policy foresees the suppression of guidance for the authorities
on how they assess the needs for sites, as well as the existing imposition of targets for site
building. Bearing in mind the findings described above on the strong resistance of many local
authorities, as well as the majority population locally, to provide sites for Gypsies and
Travellers, the Advisory Committee observes with concern that this policy might result in local
authorities deciding arbitrarily on whether there is a need for more sites and, in the longer term,
in an even greater shortage of sites and possibly more tensions between local communities.
91. The Advisory Committee welcomes the entry into force on 30 April 2011 of
amendments to the Mobile Homes Act of 1983, providing security of tenure for caravans on
local authority sites in England.17 The Advisory Committee expects that this new legislation will
also apply to Wales (see also remarks in paragraph 93 below).
92. In Scotland, the Advisory Committee is aware that there is, as in other regions, a large
gap in site provision as local authorities, who are responsible for site provision and management
are mostly not complying with their duties, despite efforts made by the Scottish executive to
16
For example, the Advisory Committee was informed by solicitors in Scotland that 80% of the planning permission requests
concerning Gypsies and Travellers are usually rejected, while the rejection rate for persons belonging to other population groups
stands at around 20%.
17
See also judgment of the European Court on Human Rights: Connors v/. United Kingdom, Application N° 66746/01, final
judgment of 27 August 2004.
19
assist them in this field. Various interlocutors of the Advisory Committee have also underlined
an overall lack of comprehensive, coordinated approach to housing and related problems facing
Gypsies and Travellers. Additionally, the sites that are available are reportedly often not
suitable. Therefore, the Advisory Committee welcomes the preparation by the authorities of new
guidelines for site management and refurbishment. It expects that Gypsies and Travellers will be
effectively consulted in this process. It also notes with interest that the authorities of Aberdeen
and region have elaborated a strategy to deal with unauthorised encampment so as to defuse
tensions between Gypsies and Travellers and the majority population (see also remarks under
Article 6 below). The Advisory Committee regrets, however, that in Scotland, caravans are still
not recognised as homes and it hopes that the necessary legislation will be developed to fill in
this gap.
93. The Advisory Committee notes with satisfaction that the Welsh executive is about to
complete a national strategy for Gypsies and Travellers aiming at providing a more integrated
approach to housing and other difficulties facing Gypsies and Travellers.18 It expects that this
strategy, once adopted, will contribute to filling in the existing gap in the field of sites. It also
welcomes the fact that since 2010, the executive can place a duty on local authorities to deliver
new sites. As far as security of tenure of caravans is concerned, the Advisory Committee hopes
that the Welsh authorities will take the necessary measures so as to ensure that the above-
mentioned amendments to the Mobile Homes Act of 1983 (see paragraph 91 above) also apply
to Wales.
94. In Northern Ireland, the Advisory Committee welcomes the forthcoming entry into force
of the new Caravan Bill which provides permanent security of tenure for caravan dwellers on all
sites in Northern Ireland. However, the Advisory Committee is concerned by the fact that the
Housing Executive, which is in charge of providing additional sites, has reportedly not met the
objectives, identified in repeated needs assessment, in terms of setting up of sites. The need for
the Housing Executive to obtain licenses from local councils in order to deliver new sites seems
to be one of the reasons for this lack of delivery.
Recommendations
95. The Advisory Committee urges the authorities at national and regional level to take far
more vigorous measures to meet the accommodation needs of Gypsies and Travellers. In doing
so, the authorities should develop further gender-sensitive and comprehensive strategies, in close
consultation with Gypsies and Travellers, in particular women belonging to these communities,
that duly take into account their other needs (see also remarks under Article 4 above). They
should also improve the coordination of the different levels of authorities involved in sites
delivery. Regular monitoring of the accommodation needs of Gypsies and Travellers should be
pursued.
96. The authorities should also ensure that local authorities respect rights protected under the
Framework Convention and provide adequate sites for Gypsies and Travellers, so as to enable
them to preserve their culture and traditional way of life in line with Article 5 of the Framework
Convention. Training should be offered to local authorities on the specific needs of Gypsies and
Travellers so as to develop awareness and leadership at local level on these issues. The
authorities should in particular raise awareness that developing special measures to improve the
situation of Gypsies and Travellers should not be considered as discriminating the majority
population.
18
The National Strategy for Gypsies and Travellers has, at the time of adoption of this Opinion, not yet been formally adopted
by the Welsh Government. It is in a process of consultation.
20
97. The Advisory Committee urges the authorities to take measures, including as part of the
new Planning Policy Strategy, to ensure that planning permission for caravan sites is granted in
a way that duly takes into account the specific needs of Gypsies and Travellers and results in an
increase in the availability of sites.
98. The authorities should also make sure that adequate alternative accommodation is
provided in case of eviction that meets the needs of the persons concerned. Additional measures
should be taken in Scotland and Wales to provide Gypsies and Travellers living in caravans with
adequate security of tenure.
Fighting racism and intolerance

99. In the previous monitoring cycles, the Advisory Committee recommended that the
authorities ensure that any references to community cohesion are clearly explained in order to
highlight that an integrated society is one that is based on mutual respect, equality and diversity.
Present situation
100. The Advisory Committee notes with satisfaction that the authorities have continued to
implement measures to fight against intolerance, promote mutual respect and value diversity in
society. In Scotland, the “One Scotland Campaign” has been implemented as a result of the Race
Equality Statement for 2008-2011, outlining the priorities of the Scottish Executive in this field.
In Wales, the programme “Getting on together” launched by the Welsh Assembly Government
aims at improving dialogue between Muslims and non-Muslims and the authorities adopted the
‘One Wales’ commitment to cultural diversity, pluralism and inclusion. A cross-Government
task force was set up in 2008 to combat anti-Semitism, based on an All-Party Parliamentary
Enquiry on anti-Semitism and subsequent evaluations have indicated that it had a positive
impact on the fight against anti-Semitism. The Advisory Committee is of the view that this
could be used as a model to tackle other forms of racism, such as Islamophobia (see remarks
below). The Advisory Committee particularly values programmes directed at youth, including
various projects to tackle bullying against pupils belonging to minority ethnic communities at
school that are being implemented, in particular in Wales (see also remarks under Article 12
below).
101. Despite these commendable efforts, and the repeated commitments of the authorities to
fight all forms of racism and intolerance, the Advisory Committee notes with concern that
extreme-right parties, such as the British National Party, are increasingly frequently expressing
hatred towards foreigners, including Eastern European migrants and Roma, and minority ethnic
communities. According to representatives of minority ethnic communities, Islamophobia also
continues to spread in society, sometimes triggered by politicians and disseminated through the
media.19
102. The Advisory Committee welcomes initiatives undertaken by the authorities in some
areas such as Aberdeen (see paragraph 92 above) to defuse tensions between Gypsies and
Travellers and the majority population. It deplores, despite such measures, the reported level of
hostility against Gypsies and Travellers in all the regions it visited. For instance, it learned
during its visit to Dale Farm that Travellers are sometimes denied access to public places such as
pubs; that local politicians have fuelled public opposition against their relocation to an
19
See also European Commission against Racism and Intolerance, 4th Report on the United Kingdom, see footnote 7.
21
alternative site; and that pupils belonging to the majority population reportedly withdrew from
the local school when Traveller children first registered in this school. It also notes with concern
an increasing number of conflicts around Gypsy and Travellers’ sites in Scotland.
103. It is also concerned by the rise in incidents of anti-Irish racism reported in Scotland. In
particular, the Advisory Committee is deeply concerned by the recent parcel bombing campaign
targeting prominent persons and associations connected with an Irish background, and of the
continued chanting of anti-Irish songs at football games. In this context, the Advisory
Committee welcomes the proposals currently before the Scottish government to make
“sectarian” conduct at football matches a criminal offence punishable with up to five years in
prison.
104. Moreover, the Advisory Committee observes that there is an ongoing public debate in
the United Kingdom, as in other States Party, on the merits of integration policies and the
promotion of multiculturalism in recent decades. While acknowledging that it is important to
evaluate these policies regularly, the Advisory Committee believes that the authorities should
ensure that this debate does not lead to the abandonment of policies promoting intercultural
dialogue, respect for minority rights and cultural diversity20.
Recommendations
105. The Advisory Committee calls on the authorities to continue and step up measures to
combat racism and intolerance in society, including in the political sphere, in the media and in
sport. Additional, more vigorous and comprehensive measures, including possibly a cross-
government task force, should be taken to combat the rise in Islamophobia and anti-Muslim
discourse by politicians and through the media.
106. Existing programmes to combat racism among youth and racist bullying at school should
be supported and replicated as appropriate (see also remarks under Article 12 below).
107. Particular efforts should be made to combat hostility against Gypsies, Travellers and
Roma, especially at the local level and in close cooperation with representatives of these groups.
The authorities should encourage dialogue between Gypsies and Travellers and the majority
population at the local level (see also remarks under Article 5 above).
Role of the media

108. In the previous monitoring cycles, the Advisory Committee highlighted that further
resources needed to be directed at raising awareness about, and tackling inaccurate media
reporting on, minority ethnic communities, focusing on groups such as Gypsies, Travellers,
asylum-seekers and Muslims.
Present situation
109. The Advisory Committee deplores the fact that some media (newspapers as well as
electronic media) in the United Kingdom regularly disseminate prejudices and biased or ill-
founded information on persons belonging to groups such as Gypsies and Travellers, Muslims
and migrants, such as Eastern European and Roma migrants, and asylum-seekers. They
contribute to strengthening stereotypes and inciting racist views. Information brought to the
attention of the Committee indicates that media has in some instances played an active role in
stirring up hostility against local authorities’ plans to deliver sites for Gypsies and Travellers.
20
In this context, see also the “Council of Europe White Paper on Intercultural Dialogue” launched in May 2008.
22
110. Incitement to hatred, particularly against Gypsies and Travellers, seems also to be
widespread on the Internet, and particularly on Facebook. Therefore, the Advisory Committee
welcomes the authorities’ efforts to combat racism on the Internet, for instance through
programmes on moderation of blogs and comments’ sites on the Internet and support to local
authorities in engaging in dialogue with local media.
111. The Advisory Committee acknowledges with satisfaction the work of and results
achieved by the Press Complaints Commission in raising awareness of the media on the
dissemination of racism and intolerance, including through training sessions involving the
participation of persons belonging to minorities. However, it is regrettable that in the Editors
Code of Practice, the press agrees to avoid prejudicial or pejorative reference only insofar as this
relates to a specific individual and not when it is directed at groups. This limitation prevents a
wider use of the Editor’s Code to combat the dissemination of racist bias through the media.
Although the Advisory Committee understands that the Commission has made use of the
accuracy clause21 in the Editor’s Code. The latter obliges newspapers not to publish inaccurate
facts, in order to condemn discriminatory statements directed at groups.
Recommendations
112. More resolute efforts should be made to tackle the instigation and dissemination of
prejudices and racism through the media, while fully respecting editorial freedom.
113. Particular attention should be paid to combating the dissemination of racism and
intolerance on the internet. Such measures should be guided in particular by the principles set
forth in the Additional Protocol to the Convention on Cybercrime, concerning the
criminalisation of acts of a racist or xenophobic nature committed through computer systems.22
Hate Crime

114. In the previous monitoring cycles, the Advisory Committee called on the authorities in
Northern Ireland and Scotland to devote further resources to identifying and prosecuting hate
crime. It also invited them to give more attention to religiously motivated incidents including by
disaggregating the data for racist and religiously aggravated crime.
115. It also recommended that more efforts be made throughout the United Kingdom to
provide police with robust on the job training and support in dealing with hate crime.
Present situation
116. The Advisory Committee is deeply concerned by the attacks against Roma families that
took place in Belfast in 2009, and led to 115 of these persons returning to their home country as
well as hostile demonstrations against Eastern European migrants in a district of Belfast. In
general, it finds it worrying that according to various reports, hostile acts and attacks against
migrants and minorities are on the rise in Northern Ireland and are reportedly often caused by
paramilitary groups. Official figures indicate a slight decrease in hate crimes committed in 2010-
2011, following stark increases since 2007. It is to be hoped that the Unite Against Hate
campaign will help raise awareness of hate crime and contribute to changing people’s attitudes
towards hate and prejudice.
21
Article 1.i of Editor’s Code of Practice: “The Press must take care not to publish inaccurate, misleading or distorted
information, including pictures.”
22
CETS No 189, entered into force in 2006. This instrument has not been ratified by the United Kingdom.
23
117. Furthermore, the Advisory Committee is concerned by reports that a steady rise in hate
crimes against Muslims in the United Kingdom, most notably in London, is being fuelled by a
negative discourse being held in the media and by some politicians (see remarks in paragraph
109 above). Information and testimonies made available to the Advisory Committee show that
these crimes are often motivated by a negative view of Muslims acquired from reports and
commentaries in the media.23 It notes, in general, that reported instances of racially and
religiously motivated crime in Scotland, England and Wales has remained steady over a number
of years.24
118. In this context, the Advisory Committee strongly supports the determination of the
authorities to encourage reporting of hate crime and commends the high rate of prosecution of
and comprehensive and disaggregated data collection on hate crime. It also appreciates that the
authorities acknowledge that a significant number of victims remain unwilling to report hate
crimes due to a complex combination of issues such as fear, suspicion and alienation and that
further efforts need to be made to increase reporting. Therefore, the Advisory Committee finds
it important that the Government has implemented a number of programmes aimed at tackling
hate crime such as the Cross-Government Hate-Crime Action Plan, Race for Justice and the All
Party Inquiry into anti-Semitism and that, since 2008, the Crown Prosecution Service has
published an Annual Hate Crime Report. Laudable measures have also been taken in Wales and
Scotland to combat hate crime and tackle under-reporting.
Recommendation
119. The Advisory Committee urges the authorities to take further resolute measures to
prevent hate crime and provide adequate remedies to victims of hate crime. Measures to
encourage and facilitate reporting of hate crime by victims should also be continued.
Stop and Search

120. In the previous monitoring cycles, the Advisory Committee urged the authorities to
review the use of stop and search under the Terrorism Act 2000 and to give additional training to
police officers on circumstances in which use of stop and search would be discriminatory.
Present situation
121. The authorities continue to acknowledge that people from minority ethnic communities
are in general subject to significantly higher rates of stop and search than the majority
population.25 The continued disproportionate use of stop and search provisions of the Terrorism
Act 2000 on persons belonging to minority ethnic communities is of particular concern to the
Advisory Committee. Therefore, it notes with satisfaction the amendments adopted by the
authorities of the United Kingdom to Section 44(2) following the judgement of the European
Court of Human Rights in Gillan and Quinton v. United Kingdom.26 It is also pleased to learn
that the National Policing Improvement Agency has recently launched a pilot programme, Next
23
Islamophobia and Anti-Muslim Hate Crime: UK Case Studies 2010, University of Exeter.
24
In Scotland, charges of racially-motivated crime were 3,6% fewer in 2010-2011 than in 2009-2010 and consistent since 2006.
Charges for religiously-motivated crime increased in 2010-2011 by 9,3% in comparison with the previous year. See Hate Crime
in Scotland 2010-2011, Crown Office and Procurator Fiscal Service, Scotland. In England, Wales and Northern Ireland, racially-
motivated crime has risen from 39,300 in 2008 to 43,426 in 2009 (data for all five strands of hate crime have been collected only
since 2008). Source: Association of Chief Police Officers.
25
Between 2000 and 2008, 108, 714 people were stopped under Section 44(2) of the Terrorism Act 2000 with approximately 1
in 3 of those stopped of a minority ethnic background.
26
Gillan and Quinton v. United Kingdom, Application number 4158/05; final judgment of 28 June 2010.
24
Steps, with a view to improving data collection relating to stop and search and helping the police
to ensure stop and search is used in a non-discriminatory manner.27
Recommendation
122. The Advisory Committee calls on the authorities to monitor closely the use of stop and
search powers under the current laws adopted in the fight against terrorism to ensure that these
powers are exercised in a reasonable and non-discriminatory manner. The authorities should also
continue and step up programmes such as Next Steps.
Community relations in Northern Ireland

123. In the previous monitoring cycles, the Advisory Committee welcomed the resumption of
power-sharing in the Northern Ireland Assembly and noted positive developments such as the
preparation of a Shared Future strategy. Nevertheless, concerns were expressed regarding
highly segregated housing and schooling in Northern Ireland.
Present situation
124. The Advisory Committee welcomes the fact that the Northern Ireland Assembly recently
completed a full mandate following the resumption of power-sharing between nationalist and
unionist parties in May 2007. Furthermore, the devolution of policing and justice powers to the
executive, the final piece of the devolution jigsaw, was completed in February 2010. The
ongoing cooperation and continuously improving relations between the representatives of the
two main communities in the executive offers hope that further important steps can be taken to
overcome the divisions of the past. In this context, the Advisory Committee deplores the recent
outburst of inter-community violence which took place in Belfast in June 2011. It expects that
the authorities will take all the necessary measures to investigate these incidents and prosecute
and sanction those responsible for fuelling violence, as well as to prevent re-occurrences.
125. The Advisory Committee notes with interest the initiative launched by the Northern
Ireland Assembly to update the Shared Future strategy for good relations by launching a
consultation paper on a Programme for Cohesion, Sharing and Integration (CSI) in July 2010.
While the Shared Future strategy dealt only with “sectarianism”, the proposed new programme
will also provide aspects for delivery of the Race Equality Strategy. CSI, along with a proposed
new Racial Equality Strategy, will likely form the key policy initiative for promoting tolerance
and intercultural dialogue in Northern Ireland. Nevertheless, a number of interlocutors have
raised serious concerns about the CSI, including that its aspirations are limited to mutual
accommodation rather than mutual respect and understanding and that it does not adequately
address the concerns of minority ethnic communities.
126. In the absence of a Single Equality Act, and without any progress towards the adoption
of a Bill of Rights for Northern Ireland (see remarks under Article 4 above), the Advisory
Committee regrets that the CSI Strategy fails to draw on existing human rights standards.
Additionally, the Advisory Committee finds the approach in the CSI Strategy to treat
sectarianism as a distinct issue rather than as a form of racism problematic, as it allows
sectarianism to fall outside the scope of accepted anti-discrimination and human rights
protection standards. Similarly, the CSI Strategy has developed the concept of “good relations”
apparently to substitute the concept of intercultural dialogue and integration of society. The
27
On Stop and Search, European Commission against Racism and Intolerance, 4th Report on the United Kingdom, see footnote
7.
25
Advisory Committee has been informed that, in some instances, the need for keeping good
relations has been used as justification for not implementing provisions in favour of persons
belonging to minorities, such as the erection of bilingual signs (see remarks under Article 11
below).
127. Additionally, interlocutors of the Advisory Committee deplore the lack of a long-term
integration strategy for persons belonging to minority ethnic communities, who remain on the
fringe of mainstream society mainly as a result of the ongoing division of society between the
two main communities.
Recommendations
128. The Advisory Committee calls on the authorities to promote the Cohesion, Sharing and
Integration strategy in a way that encourages interaction and mutual understanding between all
communities in Northern Ireland, including persons belonging to minority ethnic communities,
in order to ensure progress towards reconciliation and social cohesion across society in Northern
Ireland. The authorities responsible for the implementation of the Belfast (Good Friday)
Agreement and the St Andrews Agreement should also step up efforts to adopt a Single Equality
Act and a Bill of Rights for Northern Ireland.
129. The Advisory Committee urges the authorities to investigate effectively any form of
community violence or incitement to violence and to prosecute and sanction adequately those
responsible for it, as well as to take measures to prevent such events from re-occurring.
Religion

130. In previous monitoring cycles, the Advisory Committee invited the authorities to provide
alternative activities to students who do not attend the study of religion or acts of daily worship.
It also invited them to give school teachers clearer guidance on the importance of covering non-
Christian religions and/or other beliefs in the study of religion.
Present situation
131. The Advisory Committee welcomes the abolition in England and Wales, through the
Criminal Justice and Immigration Act of 2008, of the offences of blasphemy and blasphemous
libel.
132. It is also pleased to note that a Religious Education Action Plan was launched in 2007 to
improve teaching and learning of religion in schools. It hopes that the new policy of giving
schools more freedom to decide on their programmes will not lead to less consideration for the
need to provide pupils with religious education that embraces all the major religions, including
religions followed by persons belonging to minority ethnic communities.
133. The Advisory Committee is concerned, however, by the fact that in Northern Ireland, no
major changes were brought to the curriculum of religious education and that it remains
predominantly Christian-centred, despite the increasing participation of pupils from different
faiths at school. Additionally, it is informed that a number of schools continue not to provide
sufficient information to parents and pupils concerning the possibility to opt out from religious
education. The Advisory Committee believes that non-confessional and multi-perspective
religious education could be a powerful tool to increase mutual understanding and tolerance in
the society of Northern Ireland.
26
Recommendation
134. The Advisory Committee calls on the authorities, in particular in Northern Ireland, to
take further steps to develop curricula that cover the non-confessional and multi-perspective
elements in religious education. Moreover, it invites them to ensure that existing practices
concerning religious education do not result in imposing a religion on pupils from another faith
group.
Irish-language broadcasting in Northern Ireland

ensure that Irish speakers throughout Northern Ireland had adequate access to Irish-language
television services and that reception of TG4 would not be negatively affected by the digital
switchover in 2012.
Present situation
136. The Advisory Committee welcomes the conclusion in February 2010 of a Memorandum
of Understanding between the Irish and United Kingdom Governments with a view to ensuring
adequate cooperation during the digital switchover (planned for end 2012) and the provision of
Irish language services in digital form. It is also pleased to note that funding for the Irish-
language television TG4 was extended by £12 million through this Memorandum of
Understanding. It expects that these measures will ensure that viewers of Irish-language
programmes are not deprived of access to TG4 as a consequence of digitalisation.
137. However, it understands from representatives of the Irish-speaking minority that funding
for TG4 has only been guaranteed for three years. This is not conducive to ensuring stability of
broadcasting in Irish in the long-term. Additionally, the Advisory Committee notes with concern
that broadcasting in the Irish-language on the BBC is very limited.
Recommendation
138. The Advisory Committee invites the authorities to pursue measures to ensure that
persons belonging to the Irish-speaking community continue to have sufficient access to radio
and TV programmes in their language that are broadcast from Ireland. It also encourages them
to consider supporting the development of Irish-language radio and TV programmes produced
domestically, in order to meet the needs of persons belonging to the Irish-speaking community
more effectively.
Scottish Gaelic broadcasting

ensure that the Gaelic Media Service and its new digital television channel receive appropriate
support.
Present situation
140. The Advisory Committee is pleased to note that a new digital TV channel in Gaelic
(BBC Alba) was launched in 2008, with financial support from the Scottish authorities, which
27
contributed to substantially increasing the media offer in Gaelic. However, interlocutors of the
Advisory Committee are concerned that financial support is not sufficient to ensure regular
production of an adequate range of programmes in Gaelic.
Recommendation
141. The Advisory Committee invites the authorities to continue to support the development
of media in Gaelic and to ensure that they will be able to continue providing high-quality
programmes on a regular basis.
Broadcasting in Welsh
Present situation
142. The Advisory Committee notes with satisfaction that there is a substantial offer of radio
and TV programmes in Welsh, notably through the public television channel S4C and Radio
Cymru. It also welcomes the fact that the BBC is providing around 20 hours of programmes in
Welsh per week and that funds are provided by the authorities to support Welsh-language radio
programming.
143. However, the Advisory Committee was informed of the decision to reduce Government
funding for S4C by 25% and to modify its statute. According to interlocutors of the Advisory
Committee, this is likely to reduce the editorial independence of the channel and to result in less
funds for programming in Welsh.
Recommendation
144. The Advisory Committee invites the authorities to continue supporting the development
of media in Welsh and to ensure that they will be able to continue to provide high-quality
programmes on a regular basis. They should in particular ensure that financial cuts and the
restructuring of S4C do not affect its editorial independence and capacity to provide quality
programming in Welsh.
Minority language policies in Northern Ireland

145. In the previous monitoring cycles, the Advisory Committee encouraged the authorities in
Northern Ireland to ensure that the process of adopting the Irish Language Act is not dominated
by political considerations and adequately reflects the needs of the Irish-speaking population. It
also invited them to adopt as a priority strategies to enhance and protect the Irish and Ulster
Scots languages, in accordance with the commitment expressed in the St Andrews Agreement of
2006.
Present situation
146. The Advisory Committee is deeply concerned by the failure to adopt legislation on the
Irish language due to a lack of political consensus in the Northern Ireland Assembly,
notwithstanding the fact that this was a commitment taken by the Parties to the St Andrews
Agreement of 2006. It also finds it worrying that some of the authorities in Northern Ireland
have expressed their opposition to the preparation of a bill on the Irish language or of an overall
strategy to promote the use of the Irish language, invoking a potentially harmful effect on
community relations and budgetary considerations (see also remarks under Article 6).
28
147. Moreover, the Advisory Committee regrets that, in addition to a lack of clear legal
guarantees for the use of the Irish language, there is a lack of promotion of the Irish language
and culture. It understands that, in practice, very little is done to promote the use of Irish in the
public sphere and that, although some Irish language officers have been appointed in a few
municipalities, the possibilities to use this language in relations with local administrative
authorities remain limited. It is also concerned that the overall climate in Northern Ireland does
not encourage Irish speakers to use and develop their language freely. 28 The Advisory
Committee was disconcerted to hear that some representatives of the authorities consider that
promoting the use of the Irish language is discriminating against persons belonging to the
majority population. Such statements are not in line with the principles of the Framework
Convention, and in particular with the provisions of Article 10. It also reiterates that, in line with
Article 4.2 and Article 4.3 of the Framework Convention, implementation of minority rights
protected under the Framework Convention are not be considered as discriminating against other
persons (see remarks under Article 4).
148. The Advisory Committee regrets that the authorities of the United Kingdom, as a Party
to the St Andrews Agreement, have until now not taken any measures to compensate for the lack
of action from the authorities in Northern Ireland in this field.
Recommendation
149. The Advisory Committee urges the responsible authorities at all levels to take resolute
measures to protect and implement more effectively the language rights of persons belonging to
the Irish-speaking community. To this effect, they should develop new, comprehensive
legislation, in line with the commitments taken in the St Andrews Agreement and their
obligations under the Framework Convention.
Use of minority languages in the public sphere

in Scotland and Wales

150. In the previous monitoring cycles, the Advisory Committee encouraged the Scottish
authorities to ensure proper and timely development of language plans in areas of high
concentration of Gaelic speakers. It also encouraged them to back up with concrete actions the
commitment expressed by the authorities to recognise, respect and celebrate Scots as an
important part of Scotland’s heritage.
Present situation
151. The Advisory Committee notes with satisfaction that progress has been achieved in
Scotland since the adoption in 2005 of the Gaelic Language Act. A Gaelic statutory board was
set up and Gaelic language plans were prepared by a number of local authorities as well as by
the Scottish Government. However, the Advisory Committee regrets that local plans are
reportedly not always consistent and that the measures taken concern mainly the written
language whereas a majority of speakers of Gaelic use it orally rather than in writing.
Additionally, it seems that not all plans are being adequately implemented.
152. The Advisory Committee welcomes measures taken by the authorities to promote better
the rights of speakers of the Scots language, in particular the setting up in December 2010 of a
task force to promote this language, the allocation of public funding for its development, and the
28
See for instance the Administration of Justice (Language) Act 1737 which has been interpreted so as to ban the use of Irish
language in courts.
29
launching of a survey on public attitudes to Scots. It expects that these measures will contribute
to developing a more positive climate for the use of this language.
153. In Wales, the Advisory Committee is pleased to note that important steps have been
taken to promote the use of the Welsh language in public life, following the devolution of
legislative competences on Welsh language-related issues from the National Parliament of the
United Kingdom to the National Assembly for Wales. It welcomes in particular the adoption in
December 2010 of the Welsh Language Measure, which confirms the official status of the
Welsh language, which can inter alia be used in relations with the authorities, as well as the
publication of a Welsh Language Strategy communication document. The adoption of this
Measure also requires the setting up of a post of Commissioner for the Welsh Language, of a
Welsh Language Tribunal and of a Welsh Language Partnership Council to advise the
authorities on language-related issues. Moreover, all communication of the Welsh Assembly
Government to the public, including Government press releases, are bilingual, which increases
substantially the visibility of the Welsh language. The Advisory Committee notes with interest
that the Assembly Government can also impose new duties regarding the use of the Welsh
language on organisations providing public services. Public services and local authorities are
provided with guidance on the delivery of bilingual services through Welsh language schemes
and have to report on their implementation.
154. However, the Advisory Committee is informed that despite all these substantial steps
forward, there remain gaps and inconsistencies in the use of Welsh by local administrative
authorities and not all schemes have been adequately implemented at the local level.
Recommendations
155. The Advisory Committee invites the Scottish authorities to design and implement further
measures to encourage speakers of minority languages to use their languages in the public
sphere and in relations with local administrative authorities. These measures should be based on
needs assessment and drawn up in close consultation with representatives of the groups
concerned.
156. The Advisory Committee invites the Welsh authorities to ensure that gaps and
inconsistencies in the use of the Welsh language in relations with local authorities are eliminated
and that Welsh language schemes are adequately implemented at local level.
Bilingual signposting in Northern Ireland, Scotland and Wales

157. In the previous monitoring cycles, the Advisory Committee encouraged the Scottish
authorities to develop a more proactive approach to bilingual signposting and road signs,
especially where a demand for such signs has been expressed by the local authorities.
Present situation
158. In Northern Ireland, the Advisory Committee regrets that only limited progress has been
made regarding the erection of bilingual signposting and topographical indications, particularly
road signs, despite the fact that there is, reportedly, a demand for this in a number of
municipalities. Additionally, it finds it problematic that the official policy is to limit the erection
of such signs to certain areas where the issue would not raise controversies. The Advisory
Committee regrets the decision by Belfast City Council to reject in March 2011 a proposal to
30
erect bilingual signs in this city (in English and Irish or Ulster Scots). The Advisory Committee
is concerned that this approach is not in line with the spirit of the Framework Convention and, in
particular, the provisions of Article 11, the aim of which is to value the use of minority
languages, including through the setting up of bilingual signposting, with a view to promoting
more tolerance and intercultural dialogue in society. It is of the opinion that comprehensive
legislation on the use of the Irish language, including on signposting and other topographical
indications, could improve the situation by providing clear legal guarantees on the use of
minority languages.
159. In Scotland, the Advisory Committee welcomes the recent placing of bilingual place
names, in Gaelic and English, across the rail network. However, information brought to its
attention concerning bilingual road signs indicate that the current policy remains inconsistent29
and that not much progress was achieved in this field, even in places where the authorities were
willing to place bilingual road signs. The authorities have, reportedly, sometimes opposed for
safety reasons the erection of bilingual road signs.
160. In Wales, the Advisory Committee notes with satisfaction that bilingual signposting,
including road signs, appears to be well developed.
Recommendations
161. The Advisory Committee reiterates that the authorities should elaborate, as a matter of
priority, comprehensive legislation on the use of the Irish language in Northern Ireland,
including for signposting and other topographical indications, which adequately covers rights
protected under Article 11 of the Framework Convention. It is also important to raise awareness
of the linguistic rights of persons belonging to minorities and the contribution of respect for
linguistic diversity to building tolerance in society.
162. The Advisory Committee also invites the Scottish authorities to develop a more
consistent policy for bilingual signposting, including road signs and topographical indications,
as part of their overall policy of promotion of the use of minority languages, in close cooperation
with the groups concerned and in line with the provisions of Article 11.
Promoting equality and diversity at school

163. In the previous monitoring cycles, the Advisory Committee invited the authorities to step
up efforts in taking forward the requirements of the Race Relations (Amendment) Act 2000. It
also called on the authorities to provide clearer guidance on how schools should teach
Citizenship.
Present situation
164. The Advisory Committee notes with satisfaction that, according to various sources, the
gaps in participation and achievements in education between students from minority ethnic
communities and from the majority are slowly narrowing at all levels of education, 30 although
29
Bilingual road signs can be erected on the roads leading directly to ferry ports serving Gaelic speaking islands, but only in
areas inhabited by at least 10% of Gaelic speakers.
30
According to figures presented by the Equality and Human Rights Commission (in:Triennial Review 2010: How fair is
Britain?), students from some minority ethnic communities, such as the Chinese and Indian communities, perform better on
average than majority students.
31
there is still a shortage of data in certain areas. However, it is concerned that pupils belonging to
some minority ethnic communities continue to have markedly lower achievement rates and
higher exclusion rates, notably Black students and Afro-Caribbeans.31 Minority ethnic
communities continue to be in general under-represented in higher education. The attainment
gaps seem to be widening for one particular group, namely the Gypsies and Travellers (see
remarks in paragraphs 172 to 176 below), which is a worrying development.
165. The Advisory Committee takes note of the new approach which has been adopted in
England with regard to the promotion of equality and diversity at schools. It understands that, as
in other areas, it is now up to local communities and schools to decide on how they want to
spend the available funds, including those which were until recently earmarked for pupils from
minority ethnic communities (such as the Ethnic Minority Achievement Grant). The Advisory
Committee is worried that the lifting of the ring-fencing on a number of the funds previously set
aside for students from minority ethnic communities might have a negative impact on progress
achieved in recent years in promoting equal opportunities for these students. Additionally, the
authorities informed the Advisory Committee that the development of guidelines on how
schools should deal with diversity, on teaching of cultural diversity and the promotion of
tolerance, or on the launching of pilot-projects in this field, would no longer be centrally-driven
but instead would be left to local authorities and schools. While acknowledging that this new
approach can allow for a response better suited to local needs, the Advisory Committee is
concerned that the lack of central supervision and monitoring of progress, based on systematic
data collection, could lead to less attention being paid to the problems faced by students
belonging to disadvantaged minority ethnic communities.
166. In Scotland, the Advisory Committee is informed that although a new “Curriculum for
Excellence”32 was introduced in 2009 which aims at improving the attainments of all pupils,
irrespective of their ethnic or social background, there is still a reported lack of education on
tolerance and in general, on human rights, and of teacher training on these issues. In Wales, the
Advisory Committee notes that guidance is available for schools to promote equality and
diversity. While commending these ongoing efforts, the Advisory Committee regrets that in all
the regions it visited, there seems still to be a general lack of support for teaching on human
rights and respect for diversity, and that the decision to take a proactive attitude in this regard is
too often left to the willingness of local authorities and schools. It also finds worrying the
information brought to its attention by the authorities on bullying at school, in particular of
pupils belonging to minority ethnic communities (see also remarks under Article 6 above).
167. Most of the problems mentioned above facing pupils from minority ethnic communities,
including Travellers, are also to be found in Northern Ireland. Nevertheless, the Advisory
Committee notes with satisfaction that more “integrated” schools attended by pupils from both
the Catholic and Protestant (and other) communities have been opened. However, they cater
only for around 5% of all pupils in Northern Ireland. The Advisory Committee finds that these
schools should be strongly supported as they represent an effective way of progressively putting
an end to separation between various communities.
Recommendations
168. The Advisory Committee calls on the authorities to continue and intensify efforts to
combat indirect discrimination by bridging the attainment gaps in education between pupils
belonging to various minority ethnic communities and the majority population, based on regular
data collection and monitoring. More vigorous measures should be taken, including awareness-
31
Ibid.
32
Learning and Teaching, Scotland www.ltscotland.org.uk
32
raising among pupils from the majority population, to prevent and combat bullying of pupils
belonging to minority ethnic communities at school.
169. Additional steps should be taken to develop teaching of respect for diversity, mutual
understanding and, in general, human rights at school, including through curricula developments
and teacher training.
170. In Northern Ireland, the authorities should take all the necessary measures to promote the
development of integrated schools, where pupils from different communities can study together.
Gypsies, Travellers and Roma in education

171. In the previous monitoring cycles, the Advisory Committee called on the authorities to
step up their efforts to support the educational needs of Gypsies and Travellers, including
through the allocation of specific funding. It also urged the authorities to combat firmly bullying
and racist intimidation of these pupils in schools.
Present situation
172. The Advisory Committee notes with concern that attainment and achievement of Gypsy
and Traveller pupils at school have not improved since the adoption of its second Opinion,
although attendance rates have reportedly gone up in some regions, for instance in Wales.
Despite the launching of various projects, ranging from on-site learning to E-learning and
programmes for “interrupted learning” (in Scotland), low attendance, high drop-out, low
achievement and a lack of continuation beyond primary level continue to be the main problems
facing Gypsy and Traveller children at school. Moreover, the Advisory Committee is deeply
concerned by the high levels of racist bullying these children are experiencing. It also regrets
that the education system in all regions still lacks cultural sensitivity for the specific background
and needs of Gypsies and Travellers and that this “neutral” approach is sometimes still
perceived as a way of ensuring equality of all pupils. In practice, it often results in difficult
communication between the school and the parents and a lack of guidance for principals and
teachers working with Gypsy and Traveller pupils.
173. As far as Roma pupils are concerned, the Advisory Committee is informed that a number
of schools have carried out outreach work and provided specific support to Roma pupils from
families who immigrated from Central and Eastern Europe. The Travellers Education Support
Services and the Ethnic Minority Achievement Grant have reportedly been instrumental in
improving their access to and integration in the education system. However, it seems that there
is still a lack of data and information on this group, which hampers the delivery of more targeted
services. Additionally, the Advisory Committee received disconcerting information according
to which many Roma pupils do not attend school regularly and that they experience high drop
out rates from secondary education, sometimes connected with destitution of their families (see
also remarks under Article 4 above).
174. The Advisory Committee welcomes the availability of specific funds in Northern Ireland
(the Travellers Education Fund) and in Wales and the continued backing given in recent years to
Travellers Education Support Services, even though this support is considered insufficient in
many circumstances. The Advisory Committee is therefore concerned by various reports
indicating that ongoing support for Gypsies, Travellers and Roma, notably Travellers Education
Support Services is shrinking, and that this is particularly worrying in England. Moreover, in
line with the new Government policy on localism, decisions on the allocation of funds are now
left to local communities and schools (see also paragraph 165 above). This can, in the opinion of
33
the Advisory Committee, have a very detrimental effect on educational support provided to
Gypsies, Travellers and Roma in England and their equal access to education as the allocation of
specific support will depend on the willingness of the local authorities and the attitude of the
majority population.
175. Various interlocutors of the Advisory Committee also underlined the lack of overall
strategies to deal with all the education-related difficulties facing Gypsies and Travellers and the
lack of mainstreaming of successful local projects. Therefore, the Advisory Committee notes
with interest the elaboration of a National Strategy for Gypsies and Travellers in Wales (see also
paragraph 93 above), which includes a comprehensive chapter on education. Additionally, it
notes with satisfaction that a Travellers Education Task Force was set up in Northern Ireland in
2008, including Travellers representatives, with a view to tackling educational problems in a
comprehensive manner. Nonetheless, the Advisory Committee considers that more efforts
should be made to develop comprehensive strategies and systemic approaches, in close
consultation with representatives of the Gypsies and Travellers.
Recommendations
176. The Advisory Committee urges the authorities to continue to support, including
financially, projects and measures addressing difficulties faced by Gypsy, Traveller and Roma
pupils at school. It is particularly important to ensure that Travellers Education Support Services
are able to continue to carry out their tasks. The possible impact of the shift of responsibilities in
this field to local authorities should also be carefully monitored so as to avoid widening existing
inequalities (see also remarks in paragraph 12 above).
177. Additionally, the authorities should develop more comprehensive approaches to the
education of Gypsies, Travellers and Roma, in close cooperation with representatives of the
groups concerned. It is essential to develop teacher training on the history, culture and specific
needs of Gypsies, Travellers and Roma and to ensure that schools are more sensitive to their
cultures.
Teaching in and of minority languages in Northern Ireland, Scotland and Wales

178. In the previous monitoring cycles, the Advisory Committee encouraged the relevant
authorities in Northern Ireland and Scotland to continue expanding the availability of Gaelic and
Irish medium education and to consider requests for Scots-medium classes in Scotland and
Ulster-Scots in Northern Ireland.
Present situation
179. In Northern Ireland, the Advisory Committee is pleased to note that progress has been
recorded since the adoption of its second Opinion in the provision of Irish-medium education. It
is, however, informed that there are still gaps, in particular as regards the continuity of
education. Moreover, it is concerned by the reported absence of a bussing system to schools
providing teaching in Irish.
180. In Scotland, the provision of Gaelic-medium education has also improved at all levels of
education. However, the Advisory Committee is aware that it remains an issue for local schools
to decide upon and the availability of teaching is therefore not consistent throughout Scotland.
Moreover, it is reportedly often one of the first subjects considered when proposing budgetary
34
cuts. As far as the Scots language is concerned, recent efforts to promote this language have
seemingly resulted in an increased presence of this language at school. The Advisory Committee
welcomes the adoption in 2007 of a strategy to recruit and train more teachers of Gaelic and
Scots and to develop curricula for the teaching of these languages. It is also informed by the
authorities that the availability and quality of textbooks in these languages have improved. It
regrets, therefore, that the availability of teaching in/of Gaelic remains insufficient.
181. In Wales, numerous laudable steps have been taken to promote teaching in and of Welsh.
The Advisory Committee notes that the Welsh language is now a compulsory subject for all
pupils from 5 to 16 years old. It also understands that progress has been made in the production
of textbooks and teacher training. Although it is aware that there are still some gaps, for instance
in the continuity of teaching between primary and secondary education, the Advisory Committee
strongly welcomes the efforts made by the authorities to anchor the Welsh language in the
general education system.
Recommendation
182. The Advisory Committee invites the authorities to continue improving opportunities to
learn minority languages in Northern Ireland, Scotland and Wales or to receive education in
these languages. Particular emphasis should be placed on the need to ensure consistency and
continuity in the delivery of teaching.
Languages of minority ethnic communities and teaching of English

183. In the previous monitoring cycles, the Advisory Committee invited the authorities to
make concerted efforts to promote bilingual and multilingual education, and to take a proactive
approach in encouraging schools to expand the provision of minority languages.
Present situation
184. The Advisory Committee regrets that, in general, only limited efforts are made
throughout the United Kingdom to help persons belonging to minority ethnic communities learn
and develop proficiency in their minority language. Nevertheless, it notes with satisfaction that
guidelines have been prepared by the Welsh authorities for schools to help pupils from minority
ethnic communities with a migrant background to retain their first language and that, since 2008,
the curriculum for modern languages in England allows for the teaching of languages other than
European, based on local needs. While understanding that more emphasis is placed on providing
classes of English for immigrants (see below), it is of the opinion that it is also important to
support the preservation of minority languages of these persons, not only as a personal asset for
the persons concerned but also in order to value their culture.
185. Concerning teaching of English to persons belonging to minority ethnic communities, in
particular among recent immigrants, the Advisory Committee is concerned that, according to
various representatives of minorities, budgetary cuts have already had a negative impact on the
availability of English courses for immigrants. In particular, free places for English Courses for
Speakers of Other Languages will henceforth only be available to economically “active”
persons. This measure will have a significant detrimental effect on new immigrants and people
from minority ethnic communities, especially women, many of whom are not eligible for
“active” benefits or are enrolled as students. The lack of knowledge of English has a far-
reaching, detrimental impact on equality of opportunities for these persons as it is an obstacle to
their integration in society.
35
Recommendations
186. Further efforts should be made to support persons belonging to minority ethnic
communities to learn or develop proficiency in their languages, in particular as part of the
mainstream education system. It is important to evaluate and disseminate good practices that
have been implemented in some regions.
187. The Advisory Committee calls on the authorities to assess carefully the impact of
budgetary cuts on the provision of English language classes on the integration of migrants
belonging to minority ethnic communities, in particular migrant women, and to ensure that they
continue to have access to affordable and quality opportunities to learn English.
Effective participation in public affairs

identify, in close cooperation with minority representatives, ways of encouraging greater
participation of persons from minority ethnic community backgrounds in electoral processes at
all levels.
189. The Advisory Committee invited the authorities to keep their project-based approach to
consultation under review and to ensure that the closure of standing consultative structures has
no detrimental impact on the opportunities for minority ethnic communities to participate in
public life. It also urged them to engage with the full spectrum of opinions when they consult
with minority ethnic communities and to step up communication with a wide range of
representatives of Muslim communities in order to ensure their inclusion in decision-making.
Present situation
190. The Advisory Committee is pleased to note that the number of Members of Parliament
from a minority ethnic community background that were elected in the 2010 legislative elections
doubled in comparison with previous elections.33 It also welcomes the initiatives taken by the
authorities in recent years to promote a better representation of minorities in elected bodies, such
as the commitment taken by the Government for 2008-2011 to increase the overall
representation of women and persons belonging to minorities, the creation in England of a
taskforce to support an increase in the number of councillors from minority ethnic communities,
as well as funding by the Scottish Executive of leadership training among these groups. The
Advisory Committee observes with satisfaction that these initiatives indicate a strategic
government policy approach aimed at achieving a systemic breakthrough in the participation of
minority ethnic communities in public affairs.
191. Despite these efforts, which have already yielded some results in the last few years, the
Advisory Committee notes with concern that persons belonging to minority ethnic communities
remain under-represented in all the elected bodies, particularly at national level. Besides,
representatives of minority ethnic communities have underlined their particularly weak
representation in elected bodies in Northern Ireland, as well as in Scotland where they feel that
much progress is needed. The Advisory Committee deplores that Gypsies and Travellers are
virtually absent from elected bodies at all levels.
33
It went from 14 MP’s with a minority ethnic background elected in Westminster in 2005 to 27 in 2010.
36
192. Interlocutors of the Advisory Committee, including representatives of the authorities,

have acknowledged that there is a gap regarding regular, effective communication with persons
belonging to minority ethnic communities, and that communication channels with the authorities
should be developed at all levels. While taking note of positive initiatives such as the setting up
of a National Muslim Women’s Advisory Group and of a Youth Advisory Group to strengthen
dialogue with Muslim communities, the Advisory Committee finds that there is a need for more
structural consultative bodies in order to ensure regular communication between the authorities
(especially at the level of central and devolved executives) and various interlocutors from
minority ethnic communities. The Advisory Committee welcomes the fact that in areas where
there are planning concerns, consultations between the local authorities and the Gypsy and
Traveller groups concerned are taking place34, although they reportedly not always result in
effective engagement of persons belonging to the Gypsy and Traveller communities in decisions
affecting them. This has a negative impact on issues of planning for Gypsy and Traveller sites.
193. Commendable initiatives that resulted in effective empowerment and participation of
persons belonging to minorities were brought to the attention of the Advisory Committee, for
instance the All-Ireland Health Strategy35 through which Gypsy and Traveller were trained to
carry out research work and now act as community health workers. Such an experience could be
analysed and replicated in other regions and other areas of work. The Advisory Committee is
also pleased to learn that the draft National Strategy for Gypsies and Travellers in Wales was
prepared based on extensive consultation with Gypsies and Travellers.
Recommendations
194. The Advisory Committee encourages the authorities to continue promoting effective
participation of persons belonging to national minorities in elected bodies at all levels. Particular
measures should be taken to step up participation in local councils of under-represented groups,
such as Gypsies and Travellers.
195. The Advisory Committee calls on the authorities to establish consultative mechanisms to
develop communication between the authorities and representatives of minority ethnic
communities on a regular basis, in order to ensure their regular and effective engagement in
policy-making.
Participation in social and economic life

196. In the previous monitoring cycles, the Advisory Committee invited public authorities to
continue taking measures to implement their specific duties concerning recruitment, retention
and progression under the Race Relations (2000) Act and to give attention to the need for
reforms to the appointment process of the judiciary. It also invited the Police Service of
Northern Ireland to continue its efforts to achieve a balanced representation of Catholic and
Protestant officers.
Present situation
197. The Advisory Committee welcomes the fact that the authorities have continued to
monitor regularly the implementation of their duty to promote recruitment and retention of
34
The Advisory Committee was, for instance, informed that in the case of Dale Farm, the local authorities carried out some
consultations with representatives of local Travellers regarding their possible eviction and alternative accommodation. However,
no alternative solution had been found at the time of adoption of this Opinion.
35
Covering the Republic of Ireland and Northern Ireland. See: All Ireland Traveller Study, Our Geel, September 2010.
37
persons belonging to minority ethnic communities. It is also pleased by the progress achieved in
certain areas. It highlights in particular the significant progress achieved towards a more
balanced representation in the Northern Ireland Police Service. Currently around 30% of the
police officers are Catholics compared with 8.3% in 1999 when the 50:50 recruitment system
was established as a result of the Belfast (Good Friday) Agreement (see also remarks under
Article 4 above). It expects that, following the ending of the 50:50 recruitment scheme in April
2011, the authorities will continue to monitor carefully the situation in the Police Service in
order to ensure that recruitment and retention of police officers will continue to be guided by the
need to guarantee effective equality and ensure that there will be no regression in progress
achieved in the last ten years. The Advisory Committee regrets, however, that the percentage of
policemen belonging to minority ethnic communities remains negligible.
198. Information provided to the Advisory Committee indicate that, since its second Opinion,
the recruitment of persons belonging to minority ethnic communities in Great Britain has
increased to the police and the Crown Prosecution Service, including for the latter to senior
positions. This is a development in the positive direction. The Advisory Committee notes
nonetheless that further progress is needed in order to achieve the goal of a truly multiethnic
force. In the judiciary, official figures show only a limited improvement in the situation, despite
the existence of a duty to promote minority representation in the judiciary.
199. In the fields of employment, housing and health, monitoring of equality outcomes for
persons belonging to minority ethnic communities has also continued, although it remains
difficult to obtain consistent data in all of these areas. As regards employment, the Advisory
Committee notes with satisfaction that between 2006 and 2008, employment rates among
persons belonging to various minority ethnic communities have steadily increased, although
there remain strong inequalities between different groups as well as occupational segregation. It
also notes with interest the continued work of the Ethnic Minority Employment Task Force,
which coordinates the action of the Government in the field of promotion of ethnic minority
employment. The Advisory Committee also notes that a new policy in this respect was launched
in 2010, which involves mainstreaming of the specific needs and difficulties of persons
belonging to ethnic minority communities, rather than providing targeted services.
200. In the field of housing, the Advisory Committee notes with concern that despite
improvements, especially in the availability of social housing, persons belonging to minority
ethnic communities continue to be more likely to live in overcrowded accommodation and to
face the risk of homelessness.36 Information brought to its attention from various sources
highlights the particularly difficult situation facing many recent migrants and asylum-seekers
belonging to minority ethnic communities who often suffer from destitution and live in
substandard housing (see also remarks under Article 4 above). Additionally, the reform of the
system of housing benefits that is being implemented to decrease the allocations made to tenants
in the private sector could have a disproportionate impact on persons belonging to the most
deprived minority ethnic communities.
201. As regards health care, the Advisory Committee notes that in this area, progress has also
been achieved since its second Opinion was adopted. This includes a positive change in the
approach to persons from different ethnic background as well as the inclusion of race equality
issues throughout the National Health Service. It welcomes the commitment of the authorities to
continue paying attention to health inequalities among persons from different ethnic
backgrounds in the future. However, it is concerned by persisting inequalities affecting
particular minority groups, such as Bangladeshi and Pakistani women and Gypsies and
36
A quarter of Bangladeshi households are, for instance, overcrowded. See Equality and Human Rights Commission: Triennial
Review 2010: How fair is Britain?, Ibid.
38
Travellers, who have a much lower life expectancy and face mental health problems much more
frequently than persons belonging to the majority.37 Various sources indicate that persons
belonging to these groups often consider that the response of the health services to their needs
remains inadequate. Gypsies and Travellers report that they often find it difficult to register with
a general practitioner.
Recommendations
202. The Advisory Committee invites the authorities to continue promoting increased
participation of persons belonging to minority ethnic communities in public services,
particularly as far as the police and the judiciary are concerned. In Northern Ireland, the
Advisory Committee calls on the authorities to monitor carefully recruitments in the Police
Service and to take effective measures, as appropriate, to ensure that equality between the two
main communities, as well as with other minority ethnic communities, continues to be a guiding
principle.
203. The authorities should continue to monitor the situation of persons belonging to various
minority ethnic communities in the fields of employment, housing and health, through regular
data collection. The Advisory Committee also urges them to carry out impact assessments of the
new policy measures taken since 2010 in the areas of employment and housing on persons
belonging to disadvantaged minority ethnic communities.
204. Efforts to reduce inequalities in health care between persons from different minority
ethnic communities and the majority population must continue, with particular emphasis on
accessibility of health care to persons belonging to disadvantaged minority ethnic communities.
Articles 17 and 18 of the Framework Convention
Cooperation with Ireland

205. In the previous monitoring cycles, the Advisory Committee encouraged the Government
of the United Kingdom to continue its close cooperation with Ireland on matters relevant to the
protection of human rights in Northern Ireland and to continue promoting trans-frontier contacts
between persons living in Ireland and Northern Ireland.
Present situation
206. The Advisory Committee strongly welcomes the continued cooperation on minority-
related issues between Northern Ireland and Ireland. It is informed that cross border cooperation
is particularly intense and fruitful in the field of programmes to improve the situation of Gypsies
and Travellers. It notes in particular that the All-Ireland Traveller Health Study, which is the
result of joint work across the border, has yielded important results (see also remarks under
Article 15 above). Nevertheless, it also takes note of concerns expressed with regard to
immigration controls at Northern Ireland ports and airports and along the border with Ireland on
passengers travelling within the Common Travel Area and allegations of racial profiling as part
of these controls (see also remarks under Article 4 above).
207. The Advisory Committee is also pleased that close cooperation between the
Governments of the United Kingdom and Ireland continues in the field of protection of human
rights, as part of the process of promotion of peace and stability in Northern Ireland which
37
See the All-Ireland Traveller Health Study, ibid. and Triennal Report of the EHRC, Ibid.
39
started with the Belfast (Good Friday) Agreement of 1998. It hopes that this process will not be
hampered by financial restrictions, which are likely to have an impact also in the field of cross
border institutions, projects and activities (see remarks in respect of Article 5 above).
Recommendations
208. The Advisory Committee encourages the Government of the United Kingdom to
continue to cooperate with Ireland on human rights issues, including minority rights protection,
in Northern Ireland. Sufficient resources should be allocated to support the continuation of
cross-border projects between persons living in Northern Ireland and in Ireland.
209. The authorities should review the manner in which immigration controls are carried out
in ports, airports and along the border with Ireland, so as to avoid any racial profiling of persons
belonging to some minority groups (see also recommendation under Article 4 above).
40
III. CONCLUSIONS
210. The Advisory Committee considers that the present concluding remarks could serve as
the basis for the conclusions and recommendations to be adopted by the Committee of Ministers
with respect to the United Kingdom.
Positive developments following two cycles of monitoring

211. The United Kingdom has continued to take measures to combat discrimination and
advance equality in society. In particular, a new comprehensive Equality Act was adopted in
2010 which comprises innovative approaches and provisions that pave the way for further
improvements in the field of equality and human rights, including protection of minority ethnic
communities. This act could prove a milestone and set new standards in combating
discrimination.
212. The authorities have continued to collect an extensive range of data on the situation of
persons belonging to minority ethnic communities in various areas of life, as a means to evaluate
better the needs of these persons and improve policies and measures to combat both direct and
indirect discrimination.
213. Efforts to combat all forms of intolerance and racism have also been pursued by the
Government and the devolved administrations. Particular emphasis has been placed on
combating hate crime and increasing hate crime reporting.
214. Efforts to achieve reconciliation and reinforce social cohesion in Northern Ireland have
been pursued, including through governmental and non-governmental cooperation with Ireland.
215. New schemes to promote the use in public life of languages such as Gaelic and Scots in
Scotland have been developed and some progress was achieved. Further steps were also taken to
improve teaching of these languages at school. The Welsh authorities have continued to take
substantial measures to reinforce the use and presence of the Welsh language in all areas of
public life.
216. Additional measures were taken in the field of education to narrow the gap in attainment
and achievement between students belonging to some minority ethnic communities and the
majority. Pilot projects to improve access to education and equality in education for Gypsy and
Traveller pupils were carried out.
217. Participation in elected bodies of persons belonging to minority ethnic communities has
increased following recent elections. Important achievements have also been made in reducing
inequalities in the fields of employment, housing and health care, although not for all minority
groups.
Issues of concern following two cycles of monitoring

218. Inequalities and discriminatory practices in various areas of life, although gradually
decreasing, persist, in particular with regard to persons belonging to groups such as Gypsies and
Travellers, Afro-Caribbeans and Pakistani and Bangladeshi. Some migrants and asylum-seekers
belonging to minority ethnic communities are particularly vulnerable to destitution.
219. Racial profiling and “stop and search” measures, including during controls at ports,
airport and on the border with Ireland, have a disproportionate and discriminatory impact on
persons belonging to minority ethnic communities.
41
220. Efforts to design comprehensive anti-discrimination legislation in Northern Ireland, as

well as a Bill of Rights for Northern Ireland, as foreseen in the St Andrews Agreement of 2006,
have so far not yielded results. Consequently, there are significant discrepancies between anti-
discrimination provisions in force in Northern Ireland and those in force in Great Britain.
221. Recent important budgetary cuts to activities can have a disproportionate impact on the
support provided to persons belonging to minority ethnic communities in various areas of life.
There seems to be at present a lack of assessment of this impact. Moreover, while localism can
allow for responses that better meet local needs, it is important to ensure that it does not result in
less support being provided to persons belonging to minority ethnic communities.
222. The situation of Gypsies and Travellers, particularly in the field of access to
accommodation, is of particular concern. There is a persistent shortage of sites and some
reluctance from local authorities in many places to provide or refurbish sites. Gypsies and
Travellers also frequently face difficulties when requesting planning permission, resulting in
frequent evictions and illegal encampment. This situation also generates tensions between
Gypsies and Travellers and the majority population, sometimes fuelled by politicians and the
media.
223. Instances of hate crime are not diminishing. Although high numbers are undoubtedly
connected to increasing reporting of these crimes by victims, they also indicate worrying levels
of intolerance in some parts of society against groups such as Gypsies and Travellers, Muslims
and some migrants and asylum-seekers. Certain media are fuelling and disseminating prejudices
and biased information on persons belonging to minority ethnic groups.
224. The authorities have failed to adopt comprehensive legislation on the Irish language in
Northern Ireland and to promote the use of this language in the public sphere. Furthers efforts
must be made to install bilingual signs in Irish, Gaelic and Scots, respectively in Northern
Ireland and Scotland.
225. In the field of education, more resolute measures should be taken to tackle the difficulties
facing Gypsies, Travellers and Roma in the education system, including low rates of enrolment,
high drop out rates, the lack of training for teachers working with pupils from these minorities
and the general lack of preparation of schools to integrate Gypsy, Traveller and Roma pupils.
226. Persons belonging to minority ethnic communities continue to be under-represented in
public services, including the police and the judiciary, despite measures taken to improve their
participation since the second Opinion. There is a lack of permanent consultative structures for
persons belonging to minority ethnic communities to participate effectively in policy-making on
issues of relevance to them.
Recommendations
In addition to the measures to be taken to implement the detailed recommendations contained in
Sections I and II of the Advisory Committee's Opinion, the authorities are invited to take the
following measures to improve further the implementation of the Framework Convention:
Issues for immediate action38
 Take measures to ensure that budgetary cuts are kept at a minimum and do
not have a disproportionately negative impact on the situation of persons belonging
to minority ethnic communities, by means of impact assessments of ongoing and
38
The recommendations below are listed in the order of the corresponding articles of the Framework Convention.
42
planned cuts and careful monitoring;
 take more vigorous measures to meet the accommodation needs of Gypsies

and Travellers; increase the delivery of sites, including by improving the
coordination of the different levels of authorities involved in sites delivery; ensure
that local authorities comply with their responsibilities in sites delivery and find
adequate solutions to the accommodation needs of Gypsies and Travellers;
 develop comprehensive legislation on the Irish language in Northern Ireland

and take resolute measures to protect and implement more effectively the language
rights of persons belonging to the Irish-speaking community;
Further recommendations39
 promote the full and effective implementation of the new Equality Act, as well as
monitoring of its implementation and continue to implement strategies to combat
discrimination and promote equality in all areas of life; ensure that the Equality and
Human Rights Commission has all the necessary resources to carry out its functions
effectively and independently;
 step up efforts to adopt a comprehensive and human rights-based anti-
discrimination and equality legislation for Northern Ireland;
 take measures to ensure that the granting of planning permission and
development of caravan sites are done in a way that duly takes into account the specific
needs of Gypsies and Travellers, by means of effective consultation with their
representatives;
 take more resolute measures to combat the instigation and dissemination of
prejudices and intolerance through the media and in the political arena; take further steps
to combat Islamophobia and other manifestation of racism and intolerance; continue to
pursue a proactive approach in combating hate crime;
 ensure that “stop and search” powers are exercised in a reasonable and non-
discriminatory manner, including at all border crossings, ports and airports;
 continue to design and implement measures to encourage speakers of minority
languages to use their language in the public sphere and in relations with local
administrative authorities;
 continue to support, including financially, projects and measures tackling
difficulties faced by Gypsy, Traveller and Roma pupils at school; develop more
comprehensive and culturally-sensitive approaches to their education, in close
cooperation with representatives of the groups concerned;
 establish consultative mechanisms to develop communication between the
authorities and representatives of national minorities on a regular basis, with a view to
developing their effective and regular engagement in policy-making; continue promoting
increased participation of persons belonging to minority ethnic communities in public
services, particularly in the police and the judiciary.
39
The recommendations below are listed in the order of the corresponding articles of the Framework Convention.
43

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Strasbourg, 22 December 2011

ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION

Third Opinion on the United Kingdom

Issues for immediate action

 Develop comprehensive legislation on the Irish language in Northern Ireland and

ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE

THIRD OPINION ON THE UNITED KINGDOM

General overview of the implementation of the Framework Convention after two

Legislative and institutional framework

Situation of Gypsies and Travellers

Combating racism and intolerance

Use of minority languages

II. ARTICLE-BY-ARTICLE FINDINGS

Article 3 of the Framework Convention

Scope of application of the Framework Convention

Recommendations from the two previous cycles of monitoring

Recommendations from the two previous cycles of monitoring

Respect for the right to free self-identification in Northern Ireland

Recommendations from the previous cycles of monitoring

persons belonging to minority ethnic communities as a means of assessing equality of

Article 4 of the Framework Convention

Legislative and institutional developments in anti-discrimination in Great-Britain

Recommendations from the two previous cycles of monitoring

Efforts to ensure full and effective equality

Recommendations from the two previous cycles of monitoring

Anti-discrimination and equality in Northern Ireland

Recommendations from the two previous cycles of monitoring

Article 5 of the Framework Convention

Preservation and promotion of minority cultures and languages

Recommendations from the two previous cycles of monitoring

Traditional lifestyle of Gypsies and Travellers

Recommendations from the two previous cycles of monitoring

Article 6 of the Framework Convention

Fighting racism and intolerance

Recommendations from the two previous cycles of monitoring

Role of the media

Recommendations from the two previous cycles of monitoring

Recommendations from the two previous cycles of monitoring

Stop and Search

Recommendations from the two previous cycles of monitoring

Community relations in Northern Ireland

Recommendations from the two previous cycles of monitoring

Article 8 of the Framework Convention

Recommendations from the two previous cycles of monitoring

Article 9 of the Framework Convention

Irish-language broadcasting in Northern Ireland

Recommendations from the two previous cycles of monitoring

Scottish Gaelic broadcasting

Recommendations from the two previous cycles of monitoring

Article 10 of the Framework Convention

Minority language policies in Northern Ireland

Recommendations from the two previous cycles of monitoring

Use of minority languages in the public sphere

Recommendations from the two previous cycles of monitoring

Article 11 of the Framework Convention

Bilingual signposting in Northern Ireland, Scotland and Wales

Recommendations from the two previous cycles of monitoring

Article 12 of the Framework Convention

Promoting equality and diversity at school