STEPHEN LAWRENCE INQUIRY AND INSTITUTIONAL RACISM
By Michelle Marquez
Multi-Culturalism in Europe and North America
Charles University, Summer 2002
Of all the subjects in the social science, racism is one of the most difficult topic to deal with. The subject touches on the core of human sensitivities, it challenges the person’s values and principles. Lots of people go to the extreme to defend their race and preserve their culture. From biblical times to the present, wars were rage over the preservation and annihilation of race. World War I ended with the declaration of self-determination by US Pres. Woodrow Wilson, it was a challenge made to end colonization and to start recognizing the rights of various cultures and races to develop. WWII on the other hand, produced a very important document, ‘The Genocide Convention in 1948’ which aimed to avoid another holocaust and discrimination of persons from other ethnic and racial group. However, as people became more mobile and society became more open, the issue on racism still persists and has developed into various forms.
Dr. Robin Oakley, an honorary research fellow at the Royal Holloway University of London and an independent consultant on the Stephen Lawrence Inquiry, defines racism as an individual’s differential treatment, his attitudes and beliefs towards another person in respect to race. As early as 1848, racial theories had begun to develop and the notion of the ‘Aryan race’ was uttered by Max Müller, a German professor from Oxford. In Europe, every nationality had begun to conceive of itself as a distinct and unique racial kinship group. The Royal Historical Society of London conducted several experiments showing that the brain pans of those with Celtic names were inferior to those of Anglo-Saxon origin.
In the same period, European countries scrambled for colonies as source of raw materials and cheap labor that formed an integral part towards an advance industrial economy. ‘Europeanization’ was introduced to mold the colonies according to the image of the mother country believing in the idea that colonies like Africa had neither system of government nor culture. Among those European countries, Britain held the largest empires with colonies from Asia to America. Britain began to be familiar with non-European culture and opened its doors for migrants as more and more people from these countries migrated and settled in Britain. As the colonies boost its economy and its naval power, it also strengthened religious and racial prejudices.
At present, it is predicted that the number of black Africans in London is set to double in size between 1991 and 2011, making them the fastest growing group, according to new research by the Greater London Authority. Although, various institutions were opened to foreigners, forms of racism emerged. One of these is institutional racism, according to Dr. Oakley, it refers to the organizational culture or the way the institutions systematically treat or tend to treat people differently in respect to race. This can manifest in three forms: first, through official policy, if an organization advocate or support differential treatment directly in respect to race. Second, is through routine practices, racial discrimination results from the operation of routine organizational practices, this can be deliberate or unintentional and can be referred to as an indirect form of racial discrimination. Lastly, is through informal culture within the organization, the presence of cliques and groups in the organization and also the specific assumptions and stereotyping behavior that are common to these groups.
Institutional racism breeds in an environment where organizational inertia occurs. When procedures and practices in an organization designed for a mono-cultural environment are still being adapted in a new multi-cultural one. Related to this, is the emergence of ethnocentrism, when the perceptions and experiences of the majority culture will remain to be the basis of the informal culture within the organization. In Britain, the concept ‘institutional racism’ was officially recognized after the second Stephen Lawrence Inquiry.
On the 22 April 1993, in South London, Stephen Lawrence a young black student was walking with his friend Duwayne Brooks. While waiting for a bus to take them home, a gang of white youth hurled verbal racial insults then suddenly attacked Stephen Lawrence. He had been stabbed on his chest while his friend was able to run away. There were three witnesses in the area however, all of them boarded the bus at the same time, though one of them Joseph Shepherd who knew Stephen went to inform his parents. The incident probably lasted at about 15-20 seconds. Despite several attempted prosecutions and naming of alleged murderers, no one has yet been convicted of the murder. The parents of Stephen Lawrence complained that the Metropolitan Police Service inefficiently managed the case of their son. Ms. Lawrence specifically complained that immediately after the murder, medical attention was not provided, which could have saved their son.
However, in the published report of the Police Complaints Authority, it states that the investigation conducted did not produce any evidence of racist conduct by police officers who dealt with the incident. Many observers of this case have found this verdict unconvincing. An Inquest had been formally opened on 5 August 1993, by Coroner, Sir Montague Levine, and it continued on 21 December 1993. Another full hearing of the Inquest into the death of Stephen Lawrence was opened on February 1997. The nature and purpose of the Inquest was to established the identity of the deceased, how, when and where he died. During the Inquest Ms. Lawrence was asked to give a statement in which she produced a prepared one which contained her views:
"My son was murdered nearly four years ago; his killers are still walking the streets, when my son was murdered the police saw my son as a criminal belonging to a gang. My son was stereotyped by the police, he was black then he must be a criminal and they set about investigating him and us. The investigation lasted two weeks, that allowed vital evidence to be lost, my son's crime is that he was walking down the road looking for a bus that would take him home. Our crime is living in a country where the justice system supports racists murders against innocent people. The value that this white racists country puts on black lives is evidence as seen since the killing of my son. In my opinion what had happened in the Crown Court last year was staged. It was decided long before we entered the court room what would happened but the judge would not allow the evidence to be presented to the jury. In my opinion what had happened was the way of the judicial system making a clear statement saying to the black community that their lives are worth nothing and the justice system will support any one, any white person who wishes to commit any crime or even murder against a black person, you will be protected, you will be supported by the British system. To the black community your lives are nothing you do not have feelings, you do not have any rights to the law in this country that is only here to protect the white man and his family and not you. Since my son's murder we as a family have not been able to grieve for the loss of Stephen, even though the system was against us we tried to re-address this injustice against us, we felt we have to and with the dedication of our legal team and supporters we mounted our own private prosecution to seek justice for our murdered son. I hope our family will be the last, even though there is no sign to the date, will be the last to put through this night mare which it has been for us. There needs to be changes for the future, the establishment needs to have in place a system that will allow all crimes to be treated in the same way and not to be investigated, and to be investigated in the same way regardless of who the victim, of who the perpetrators might be, not to have one rule for the white and another for the black people who just happened to be in the investigation into the murder of Stephen to that of a white boy who was killed in Kings Cross. We as a family felt because the early stages which would have given the evidence that would have ensure that those who killed my son would have paid for their crime, they wasted that time because as far as they were concerned for them to come across a young black man who had no criminal record who is studying that is something they seem to be unaware of. They were very patronising to me in the early stages and instead of them being a support to us they became to be an injury because they were not supporting us as a family every time we spoke to them it was like a banter that we had to go through we had to fight, on one occasion when I went, that was the first time that I ever went to a police station, my husband and a group of us, I felt that maybe they didn't get all the information, the names that were coming to us, I personally wrote the names down and I took it to the station, as I walked in I presented it to one of the officers and while we were there talking I sat and watched him and he folded the paper and rolled it into a ball in his hand and at the end of our meeting I said to him you are going to put that in the bin now and he said to me no, no, we treat all the information we have but at the time they would not taking my son's case as they should have done."
In July 1997, Rt Hon Jack Straw MP, the Home Secretary handled the Inquiry. For 59 days the hearing of the evidence and submissions on Part 1 of the Inquiry occurred, the investigation into "the matters arising from the death of Stephen Lawrence". While 10 days were spent for hearing and considering the recommendations of about 100 people and organisations in connection with Part 2 of our Inquiry, "to identify the lessons to be learned for the investigation and prosecution of racially motivated crimes". It was then established that the first investigation was flawed.
Each of the 17 officers involved denied the allegation of racism and racist conduct during the handling of the case. The denial can be considered a normal reaction, for during the Inquiry, the definition of what is racist and racist conduct was not yet established. Although, the Inquiry was about the Stephen Lawrence case, it was unavoidable that incidents concerning , for example, cases of stop and search, the perceptions of minority ethnic communities that their cases are improperly investigated and that racist crime and harassment are inadequately regarded and pursued came to surface.
When the Inquiry Panel went into an in-depth investigation on the culture of the police organization, there emerged certain practices and conducts that damage other people of certain ethnic origin. Examples are the basic assumptions made by some police officers, like seeing a black person driving a luxurious car. The initial reaction from some police officer would be, ‘whom thus that black person robbed the car.’ During routine checks, black people go through a thorough searching compared with white people. Recent revelations by Bernie Grant MP of stop and search figures shows that nationally, in 1993-94, 25% of people stopped were from the ethnic minorities, when their proportion in the population is 5%. In London the figure was 42% and amongst these, experience shows that young black men form a majority group. (Home Office Statistical bulletin 1994)
The personal assumptions of the police force were not basically unfounded. According to statistical data, black prisoners were more likely to have been sentenced to long prison sentences. For young prisoners, 74% of white prisoners (80% for Asians) were sentenced to over 12 months whereas for black prisoners this rose to 89%. For adults, 65% of black prisoners had been sentenced to 4 years or over, 57% for Asians and 50% for white prisoners. (Home Office Statistical bulletin 1999)
The traditional assumption, that black persons are more likely to get involve in criminal activities than white persons has deep roots. It is related to the issue of poverty among non-white in Britain. The increase in recent years of migrants in Britain is also related to the provision in the UK Immigration Act strengthened by the 1951 UN Refugee Convention. It allowed the entry of persons to the territory on the provision of proof of economic or political persecution. Competition for unemployment becomes fierce and most asylum-seekers do not enjoy employment privileges and are placed in the dole-out.
After a long deliberation and still nobody convicted of the murder the Inquiry Panel concluded that there was a collective failure by the Metropolitan Police Service (MPS) in handling the case. An official recognition of the concept, ‘institutional racism’ was adopted. It was defined as, the collective failure of an organization to provide an appropriate and professional service to people because of their color, culture and ethnic origin. It can be seen in processes, attitudes and behavior which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantages minority groups. Although, it was found out that there was a collective failure of the organization only one of the police officers that were involved in the first investigation was charged. In July 1999 Detective Inspector Ben Bullock, the last person convicted who was involved with the case had been found guilty of just 2 out of the 28 charges due to lack of evidence. The tribunal gave him the lowest punishment available, later he retired without any blemish in his 30 years of police service.
In the case of the MPS, Dr. Robin Oakley proposed a solution to the problem; a) at the selection stage of police officers, prejudiced individuals should be identified and disqualified, and b) disciplinary sanctions should be applied to individuals who display such behavior on the job.
For government organization, certain implications emerge, the organization should acknowledge that institutional racism exist and that it should be investigated. Constant monitoring and organizational transparency are necessary. Preventive measures should not be focused on the individual employees but at the mode of the organizational operation. The goals, procedures, informal culture and personnel policies should be examined and reoriented towards bias-free policies. Relations between the majority and the minorities both internally and externally need to be addressed. Minorities should be empowered both internally and externally to tip the balance of power.
As member of the European Union and the Council of Europe, the UK is bound to adapt the Race and Employment directives of the EU and the European Convention on Human Rights of the Council of Europe. These are parameters that persons subject to unfair treatment can seek redress. The directives ‘prohibits racial discrimination in the areas of employment, education, social security, healthcare and access to goods and services.’ Within UK domestic law, the equality areas are addressed by law through the Race Relations Act 1976 (RRA 1976) and Amendment 2000. The Race Relations Act , ‘prohibits discrimination on racial grounds. Racial grounds means any of the following grounds: ”colour, race, nationality or ethnic or racial origins.’ The Commission for Racial Equality (CRE) was established to enforce the Acts. In the Act, direct and indirect discrimination are explicitly defined. Direct discrimination occurs, ‘when someone treats one person less favourably on racial grounds,’ while indirect discrimination refers to ‘a requirement or condition is applied or would be applied that on surface appears to be non-discriminatory and equally applicable to all racial persons or groups, however, the condition creates a situation: 1. where a proportion of persons of one racial group who can comply with it is considerably smaller than the proportion of persons not of that racial group who can comply with it; and 2. which he cannot show to be justifiable irrespective of the colour, race, nationality or ethnic or national origins of the person to whom it is applied; and 3. which is to the detriment of that other because he cannot comply with it. The Act also ensures those who bring proceeding, give evidence or information or allege a contravention of the Act are protected from victimisation.’ (www.cre.gov.uk)
The Race Relations (Amendment) Act or Amendment Act 2000 on the other hand, extended the scope of RRA 1976. It ‘imposes general duty upon all public authorities: 1. to eliminate unlawful racial discrimination; and 2. to actively promote equality of opportunity and good relations between persons of different racial groups.’ (www.cre.gov.uk)
The Metropolitan Police Service renamed as Metropolitan Police Authority has introduced the idea of ‘Victim Support,’ that supports the social rights of victims of crime and victim’s rights to standards of service. These measures may be late for Stephen Lawrence but somehow it gives a promise of peaceful coexistence for a multi-cultural society like Britain.
References:
Norman Davies. Europe: A History. Oxford University Press. London. 1997.
Readings on Stephen Lawrence Inquiry provided in the Course on Multi-Culturalism.
http://www.blackbritain.co.uk/documentaries/bhm/features/
http://www.homeoffice.gov.uk/rds/pdfs/s95race00.pdf
http://www.cre.gov.uk)