Scottish Gypsy Travellers win recognition
by Colin Turbett
Scottish Gypsy Travellers are celebrating the recent judgement by Nicol Hosie at an Aberdeen Employment Tribunal in the case of Ken MacLennan, a non Gypsy Traveller who was dismissed last year by the Aberdeen based Gypsy Traveller Education & Information Project GTEIP).
A preliminary hearing early in 2008 ruled that Ken's submission that his activities in defending the interests of Gypsy Travellers, were protected under race relations legislation, which his employer had objected to, were not protected as Scottish Gypsy Travellers were not an ethnic minority.
The GTEIP had produced evidence to this effect at the earlier hearing, but, under pressure from the Government's Equality and Human Rights Commission (EHRC), did not defend this position when Ken successfully won the right to the review which was held in September.
After initial apathy the EHRC had been pressured into this position by Gypsy Travellers, who held an impromptu public protest with SSP support, outside their Glasgow offices (above).
At the Employment Tribunal Review, the results of which were published to little fanfare in late October, Nicol Hosie about turned on his earlier decision thanks to a massive amount of evidence produced on Mr MacLennan's behalf, by Shamus and Roseanna McPhee, members of the Scottish Gypsy Traveller Law Reform Coalition (SGTLRC), backed up by Dr Colin Clark from Strathclyde University.
This involved historical research put together by the McPhees, brother and sister from Bobbin Mill site in Pitlochry.
Hosie commended the quality of their evidence which covered matters of shared common history, language and culture which met the criteria for separate ethnic identity established by other landmark rulings in UK Courts, but as yet unproven in the Scottish court system.
Ken MacLennan's case against dismissal will now proceed to a full hearing in the New Year.
Said Roseanna McPhee:
"This ruling marks a significant step
in the right direction in our struggle to achieve full recognition and
legal protection in Scotland. The earlier hearing decision was followed
by an increase in harrassment of members of our community, and this judgment
takes us back to where we were but with some added strength to our case.
Meanwhile discrimination continues as does our fight for law reform.
In Italy the persecution of the Roma people is open and enjoys legal
backing under Berlusconi, but in Scotland it is hidden from view but
often just as vicious."
Members of the SGTLRC will be travelling down to Manchester later this
month where a film about the plight of Scotland's Gypsy Travellers, which
focuses on the McPhees, has been shortlisted for a prize at the Exposures
student film festival. The film, entitled "The Forgotten Experiment",
made by final year film and media students from Stirling University can
be viewed here :
.
The film will be shown all week at the festival alongside other short films in a series entitled "Distant Voices, Still Lives" which looks at the plight of minorities from various parts of the world.
Said
Shamus McPhee:
"The students followed us around for several weeks
in the Spring of this year, and we were impressed with their determination
to allow us to tell our own story. We feel their efforts deserve a wide
audience and we hope they get the recognition they deserve at Exposures."