Critically discuss about the ‘Institutional racism’ will only be eliminated by the immediate introduction of positive discrimination/affirmative action?
Treating a person or a group of people in a different manner in favour or against such individual or group is known to be discrimination[1]. In common parlance, this differential treatment is worse or detrimental to the person against whom such discrimination is being made. In a similar manner, institutional discrimination is the unjust and discriminatory mistreatment of an individual or a group of individuals by institutions and the society as a whole. This type of discrimination is done through unequal treatment and biasness. Therefore, the element of equity before the law comes into play. Institutional discrimination can be seen throughout the country and is present in public and the private sector equally, in educational institutions and in every layer of the society. There is a difference between individual and institutional discrimination. Individual discrimination is said to be both conscious and obvious[2].
On the other hand, institutional discrimination has its roots deep into the societal structure. Therefore, to curb the ill effect of such institutional discrimination is much more tenacious. It takes place irrespective of the desires and intentions of the people forming part of the society. It is the result of individual and collective actions that gives rise to institutional discrimination and cannot be evaluated just merely recognizing individual motives. Institutional discrimination works within the framework of normal relationships of institutions and its eradication requires more than just good intentions but an evaluation and revision of the discriminatory practices within an organization[3].
One other important mode of discrimination is institutional racism. Macpherson gave two clear definitions of racism and institutional racism separately. According to him, racism in general terms consists of words, conduct, or practices that provide an advantage or disadvantage due to their colour, culture or ethnic origins[4]. Macpherson represented institutional racism as a collective failure of an organization to provide an appropriate and professional service to people because of their culture, colour or ethnic origin. Institutional racism is evident in various processes in the form of prejudice, ignorance and stereotyping behaviour. This essay will try to portray the types of such institutional racism practices and the remedies provided by the legislative framework of the country. By evaluating the legislative provisions, this essay will also try to come to a remedial conclusion.
Institutional racism can be seen in many social and political fronts including criminal justice, housing, employment, health care, education and political power. Discrimination against a certain group based on their race is often overlooked, as it cannot be explicitly separated as an organizational practice. Institutional racism always contains an element of oppression. Institutional oppression takes place when the prevalent legislative structure, customs and systems create inequality instead of eliminating it. Oppression is exercising authority or power in an unjust manner and putting a burden on an individual or group. The concept of institutional racism first surfaced in the radical writings of the US black political activists[5]. The concept of racism was very much argued and was deeply established within the structure of the society[6]. The common commotion was the anti-black attitude of inferiority and the supremacy of the white people. The discrimination was prominent in the form of high mortality rate due to lack of food and nutrition, inadequate housing facilities and healthcare in the black neighbourhoods. These factors altogether showed that racism was institutional rather than individual[7]. Eventually the concept became a part of the mainstream political disclosures. Due to the increased uproar among the common individuals and ethnic groups, certain policing and equality reforms were undertaken by the administration. However, these reforms failed to achieve their objectives as implementation of the revolutionary seeming steps were actually delayed and biased.
Gradually, the social and political scenario began changing. Continuous representations and struggle of the targeted groups forced the administration to recognize the delicacy of the situation and need of the hour. This recognized needs resulted in enacting legislative reforms in order to provide protection against institutionalized racism and ensure fundamental rights of the people of the UK. To begin a detailed discussion on the topic, we need to have a good understanding of equality law. The Equality Act 2010 governs the element of equality and its auxiliary matters today. The first piece of legislation in the UK was the Race Relations Act 1965, which settled matters related to discrimination and equality for more than four decades[8]. Eventually the scope of protection became larger and so did the number of legislations guaranteeing protection. A number of legislations operates domestically and ensure protection against discrimination. Such legislations include The Equal Pay Act 1970, Sex Discrimination Act 1975, Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation) Regulations 2003, Employment Equality (Age) regulations 2006, Equality Act 2006 (Part 2) and the Equality Act (Sexual Orientation) Regulations 2007[9]. Apart from this existing legislative framework, UK also had to integrate the directives given by the European Union (EU). Since the inclusion of the UK in the EU, the supremacy of the EU law was established. Therefore, a number of directives provided by the European Council relating to human rights and equality had to be integrated within the legislative framework of the UK[10]. EU directives are mainly concerned with equal treatment of individuals irrespective of their ethnic or racial origin, equal treatment in employment and occupation, equal treatment of men and women while assessing supply of various goods and services and equal opportunities and equal treatment of men and women in matters related to employment and occupation (recast)[11]. In addition to the above directives, the EC published another draft directive that prohibits discrimination against disability, religion or belief, sexual orientation and age, housing, education, access to goods and services, social security, social protection and social advantage[12].
People belonging to ethnical minority have been facing the curse of racism from time immortal in the society and its institutions. This racial inequality has affected workplaces, health and education to a massive extent. In such a scenario, up keeping the nominal human rights of people has become a daunting task for the government and regulatory bodies[13]. Many times this discrimination has taken place because some people belong to a particular religion or race. A large portion of the British population has admitted that they had to face racism and the situation has become worse. These people, in spite of being British citizens were exposed to behaviour that was detrimental to their very means of being a living human being. Growing hostility towards immigrants and an acute phobia towards a particular religion have sparked a sense of hatred among the population. This is increasingly pushing back the social stature of the country backwards. These prejudicial treatment incidents are in the rise since 2001 as quoted by the data provided by NatCen’s authoritative British Social Attitudes (BSA)[14]. However, the viewpoint of a niche group cannot be ignored. International incidents such as the London bombings, destruction of the Twin Towers and the war in Afghanistan and Iraq are some of the major contributors to an offensive sentiment of the people of the UK. Innocent people have lost their lives and the lives of their loved ones as a result of international terrorism. After this, the global financial crisis of 2008 crippled the economies of some of the most developed nations of the world[15]. The sub-prime crisis gave rise to unemployment and crime. In such a situation, institutionalized racism was at its peak. Massive corporate frauds had eaten up the institutional structure of the country to a great extent[16]. Corruption was spread throughout the administrative system and this affected overall growth of the country. Inequality in workplace was no different. This was despite of the fact that immigrants and people belonging to other ethnic backgrounds often outperformed ordinary Britons. The education and health system was no different. According to the data provided by the census of 2001 and 2011, there was a huge difference between the situation of the Britons and people belonging to other backgrounds[17]. The difference was visible in the obtaining proper housing facilities, the standard of living, and health and in education.
Institutional racism has a long history and the incidents related to institutional are frequently occurring since the establishment of the British Empire. Imperial policies in the past divided the people into the racialised groups[18]. Institutional racism is the legacy of the colonial construction. Race and racism have become embedded in government policies, academic discourses and popular culture over the centuries. Today, all the organisations in the UK are affected by Institutional racism. Most of the people recognise the overt bigotry as institutional racism. However, Institutional racism is entirely different than the overt bigotry. Institutional racism dictates life outcomes: career prospects or educational achievement, rather than just the offences of the overt racist slur. However, such activities can only be identified through highly empirical and large scale studies[19].
Most of the senior institutional leaders have less understanding the issues related to institutional racism, as they have less experience working with the people of colour mixing at that level. Institutional racism seems like never ending issue in the UK. However, the UK government is considerably changing their policies and is also applying positive discrimination/affirmative action to prevent institutional racism related issues. Countries like the US have already made greater progress towards such issues.
The debates related to racism in the UK came down to connections between black, Asian, Chinese and white communities during 1960s and 1970s[20]. However, currently the UK has become extremely diverse, in terms of different communities, cultures and ethnicities, which are frequently growing in the era of free movement. People from different countries throughout the world are coming to the UK for various purposes such as higher studies, working profession and as visitors. Many people stay for a while, whereas many others stay forever. Therefore, the pressure on the UK government to understand the differences between the people has been frequently increasing. Such issues are also becoming sensitive for the UK government to manage[21]. In addition, Eastern European migration has also influence discrimination and tension among the white, black and Asian people, who have recently arrived to Britain. Tension between different African and Caribbean communities is also there in parts of London[22]. In addition, the younger generation of Britons are more likely to marry someone from different background.
It is essential for the organizations to reduce institutional racism, as they may affect the organizations in terms of the following:
Activities within institutional racism may impede or prevent the employees or staffs of racism from making the fullest contribution to the organizations.
Activities within institutional racism may impede or prevent the employees or staffs of racism from achieving full potential as a human being[23].
The person or group engaging in institutional racism actions often weaken the entire organizations, as they impede or prevent the victims to offer potential contributions towards the organizations[24].
The person or group engaging in institutional racism actions increase the present or eventual likelihood of retaliation by the employees and staffs.
Institutional racism is entirely illegal in the UK and such activities may severely affect the organizations in terms of reputation and legal consequences[25].
Various ways are there to minimise institutional racism. The management should consider renovating their HRM strategies to develop a diverse workforce, where they should concentrate recruiting and hiring racially and ethnically diverse staffs. However, it will not be enough to hire people from different racial and ethnic backgrounds[26]. The management of the organizations should communicate and collaborative effectively with minority organizations, social groups, networks, media, and places, where people of different ethnic and cultural groups belong. The organizations may use word-of-mouth as the recruitment tool. The management must prepare and publish an equal-opportunity policy related to hiring and promoting employees.
Apart from the employees and staffs, the organizations should consider recruiting recruit culturally and ethnically diverse board members, executives, and managers. Sharing or power by the leadership can minimise institutional racism[27]. The board members and executives of the organizations reflect the communities or constituencies for reducing institutional racism. The management should frequently conduct surveys and feedback sessions with the employees and staffs to evaluate the barriers or attitudes that they are facing at the workplace. Negative portrayals, exclusion, or stereotypes can be evaluated through organizational newsletter or other publications.
The organizations and their managements must evaluate the ways to improve their workplace for board members and executives from diverse racial and ethnic groups. Such activities will help understanding the needs to minimise institutional racism and signifying the importance of institutional racism for every group[28]. The organizations should develop a task force or committee, which will be dedicated to form and to monitor the plans for promoting inclusion and fighting racism in the workplace. Institutional racism can be reduced by developing permanent task force or committees, which will become the significant parts of the corporate structure for ensuring inclusive and just institutional policies.
Affirmative action implies a set of policies. The key aim of such policies is to revise historical trends, which have been locating the minority groups within the disadvantaged position mainly in work, education and political institutions[29]. In general, the affirmative actions include various activities such as encouraging public and private employers, political institutions and educational institutions for granting a better access towards members of groups, who faced or affected due to collective forms of exclusion and discrimination. Affirmative actions are related to specific policy treatment for the employees and staffs of historically disadvantaged and discriminated against groups. Affirmative action has been setting goals for better inclusion of individual staffs and employees, who belong to historically excluded group. Affirmative goals also evaluate the situation. However, in the UK, additional activities were required for minimising the gap between formal equality and continued inequality and exclusion. Affirmative action programs were formulated and implemented initially with the support from widespread population[30].
Racism is the philosophy of the belief that humanity has many races, which are created based on biological and/or cultural preferences. Similar trend has been continuing over the generations with the same characteristics[31]. Few of the races are superior and others are inferior. Racist philosophies are based on the convictions related to biological and cultural inferiority, which are conceived as diverse, based on various bases such as the skin colour of the employees and staffs, which are associated with natural and/or cultural deficiencies. Hierarchisation and homogenisation are the basic logics behind racism. Racism logic preserves the purity of the superior race[32]. Racism is broader than the concept of anti-Semitism, even such concepts are rests on similar assertions and beliefs. Racism also signifies a set of prejudices that administrates the behaviour and thinking of the individual employees. Just because an individual employee is supposed to belong to a race, a particular behaviour or attitude is expected from them.
It is not essential that discrimination will always have a negative impact for both the sides. However, even if activities related to discrimination are beneficial to someone, discrimination will still be considered as wrong[33]. Even discriminating in favour of someone is also not acceptable. Discrimination is wrong in terms of racial determinism. Activities within discrimination imply that the discriminator can conduct a legitimate inference regarding an employee based on their race, class or birthplace. Deterministic models have ineffective or illogical arguments, as it is impossible to assume or justify whether a person is lazy, rich or a Democrat, based on their race. Both Discrimination and determinism are wrong. However, as per the government, doing wrong things with a justifiable reason are still permitted[34].
Diversity implies a cohesive justification towards discriminatory practices rather quickly. Diversity returns the area of determinism for assuming that someone is likely to have different viewpoint or backgrounds based on their socio-economic class or race, which is a deterministic idea[35]. Therefore, discriminatory determinism is utilised for the justification related to affirmative action. Subsequently, it is also assumed that confronting employees or staffs with diversity on campus will enforce them for interacting with and benefiting from it.
Affirmative action programs consider race as the factor for making decisions related to recruitment and selection. Institutional racial discrimination is not easier to confirm, as the related decisions are subjective and are also not open to scrutiny. This is because the interviewers develop personal impressions of applicants. The decisions of the HRM managers may also become largely subjective for the greater position. Biasness or diversity is also impossible to prove, as it mainly operates below the conscious awareness level. Therefore, the related personnel maybe unaware that race is playing a significant role. Most of the researchers have identified such phenomenon as ‘implicit racism’.
Affirmative action is one of the most crucial and divisive issues in the UK. However, many researchers argued that the affirmative action programs are completely opposite to the American ideals of the personal rights. Some of the researchers also considered this as the support, which is necessary for equality. For understanding the rationale behind the affirmative action, it is essential for defining the intentions of such programs. The proponents of affirmative action programs are proposing that the key logic and purpose behind the affirmative action is not reverse compensation or discrimination for years of oppression and slavery. It is also not sanctioned racism, sexism or a rejection of the UK government[36]. It is argued that the considerations behind the race or gender, specifically on the organizations, as one of the key factors of recruitment process and is also the attempt to create the optional professional experience for all the employees[37]. The formulation and the implementation of the affirmative action programs on the organizational workplaces is considered for enhancing the learning and growth environment for all the employees through allowance of the diversity environment, concerning to point of view and the background[38]. Policies those are essential for adjusting recruitment processes for the minorities to attempt for compensating towards the complex social problems. However, it is not even practical, especially when the system related to meritocracy is ideal.
After the “war on terror” was declared by the western and European countries, inequality and discrimination was on the rise. This resulted in hostility towards immigrants and people belonging to different ethnic backgrounds. This discrimination was in addition to the culture of colour discrimination that was already there in the societal structure. This discrimination of being superior and others being inferior was no different from the sentiments of the Germans of the third Reich. Such a sentiment has plagued the society for decades[39]. The alarming statistics relating to the rise of institutionalized racism in the UK forced many to think and revise the social and political framework of the country. This was an evident sign that the volatility of racism was yet to be abolished by the people of the country[40]. It was high time that the need to change the overall situation of the country to be changed. The government and the regulating bodies recognized the needs of the hour and implemented rules and regulations to protect the rights of the people of the country irrespective of their ethnic backgrounds. As a codified constitution is absent in the UK and the country is ruled by the “Doctrine of Parliamentary Supremacy”, the Parliament took effective steps to ensure protection to its entire people[41]. Several legislations in this regard were passed by the Parliament to facilitate and promote equality among its people. The courts and the entire judicial system were strengthened where matters related to inequality and institutionalized racism would be heard and resolved. Racism took many forms and thus, it was required to handle each and every case in a different manner according to the prevailing situation of the case.
The scenario change to a great extent with the integration of the UK with the EU[42]. With its membership in the EU, UK agreed to the supremacy of the EU laws over and above state and national level legislations. In essence, it was seen that in case of any contravention between the UK and the EU laws, the provisions of the EU law prevailed. This was a well established fact and the European Communities Act was passed in the UK parliament in the year 1972 to complete the legislative integration process. As a result, the laws relating to discrimination that were already applicable in the Union became applicable in the UK too[43]. As a result, the country got a constructive legal structure to deal with matters related to discrimination and inequality. Apart from the directives of the EC, the UK Parliament passed the Human Rights Act in 1998 and the Equality Act in 2010[44]. These two legislations formed the base promoting equality and protection of human rights. The main reason behind implementing these legislations and directives was that a need was felt to take immediate and stringent actions against racism and discrimination. The need for immediate measures was felt in the current situation as such incidents affected the entire community to a great extent. Apart from social problems, the image of the country began deteriorating as institutional racism increased in the country[45]. These positive steps were of utmost important to limit and curb the ill effects of racism that has spread throughout the country[46]. The government, through these legislative measures showed a proper path to its people for equal treatment of every human being of the country. The responsibility of the government was not finished just by passing these legislations and directives; it took positive steps to implement these regulations throughout the country. The responsibility of implementation was entrusted to the judiciary[47]. The judicial system actively took initiatives for proper judicial explanations of the legislations and the reforms. Immediate actions were taken in the form of detailed handling of cases relating to racism and discrimination. Judicial pronouncements were made public to spread awareness among the people of the country[48]. Therefore, it can be seen that the menace of institutionalized racism and discrimination can only be eradicated by taking effective, immediate and stringent steps by the judicial system of the country.
Conclusion
Differential treatment of people gives rise to discrimination and inequality. This discrimination can be on a personal individual level or it may be institutional. In both cases, biased and unequal treatment gives rise to dissatisfaction to the aggrieved party. Individual discrimination is done consciously, while institutional discrimination is a result of the overall sentiment of an organization or institution. Institutional racism and discrimination has its roots deep down in the societal sentiments of people and their cultural practices. In the past few decades, the situation of the UK has changed as compared to its previous situation. International events and the ancient sentiment of being superior have posed a number of problems for the country. The overall economic and political situation of the country recognized the needs to implement proper and effective steps to change the sentiments of the population. In order to achieve this objective, a number of legislations were passed by the UK parliament to deal with the matters of institutionalized racism and discrimination. Its main weapon turned out to be the Equality Act and the Human Rights Act that showed the clear intentions of the government and the authorities to provide a solution to the rising incidents relating to racism and inequality. The gradual inclusion of the UK in the European Union brought about various changes in the legal, political and the judicial system of the country. The inclusion provided more strength to the overall structure and made the intentions of the government clear that racism and discrimination will be handled in the most stringent manner. The judiciary plays a pivotal role in the implementation of the legislative provisions. Overall, it was evident that immediate and affirmative actions were necessary to bring a change in the entire social structure.
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