New racism bill called `wishy washy'
introduced a bill to make racial harassment and intimidation a crime subject to fines of up to $5000.
For Opposition MPs condemned the amendment to the Criminal Justice code as "wishy washy'' and 30 years out of date.
Ms Renee Webb (PLP) said that the proposed legislation did nothing to address the problem of institutionalised racism.
She said: "I don't care what people call me -- what I do care about is having equal opportunities and equal access to jobs and that I will be treated fairly by the media.'' Ms Webb said that she was glad that the Government had finally recognised racism was a problem -- after they had refused to admit it for 30 years.
But she added: "Institutions are not racist in themselves. It's people who have racist attitudes.'' The blast came after Mr. Dill presented the amendment for a second time to the House.
He said: "This piece of legislation has been a very, very long time in coming.'' He added that before it was drawn up members of the Government had travelled widely, looking at legislation in Canada, the USA and Great Britain, as well as holding discussions with anti-racism groups and United Nations experts.
The chairman of the English Commission For Racial Equality was also invited to Bermuda to hold workshops and talk to Bermudians.
And on the Island, banks, employers' bodies, religious leaders and other institutions and individual Bermudians had also been consulted.
But Mr. Dill stressed that other jurisdictions had not been consulted because Bermuda was not capable of bringing forward legislation on its own.
Mr. Dill added: "I am very pleased to say that after a great deal of investigation and fact-finding this piece of legislation is the Government's attempt to deal with the problem of racism in Bermuda.'' He said: "In the fullness of time, we expect that the sense and the very necessary nature of what we have done will become obvious.'' Mr. Dill added that racial violence of the kind seen in other countries was "not the Bermudian way.'' But he said: "We need to move with a view to ensuring that we do not allow these conditions to escalate. That what this particular piece of legislation is all about.
"We recognise, as has been said on many occasions, that all it takes for evil to triumph over good is to do nothing. We in this House, I believe, are good men and women who are focussing on doing something which will ultimately benefit all of us in Bermuda.'' Mr. Dill quoted a case where a visitor who felt he was being harassed by a customs officer called him a "silly nigger.'' He added that all that could be done was charge the visitor with using offensive words.
"If this legislation passes this afternoon, we will have an instrument to deal with individuals who come to this Country and behave that way and we will have an instrument to deal with the small number of Bermudians who behave that way.'' But Opposition members accused the Government of caring more about who got invited to whose cocktail parties, rather than dealing with the real problems of the black community.
Dr. Ewart Brown (PLP) said: "We didn't expect this to be strong but surely we could expect it to be focussed.'' He added: "This Government have said they are ready for action and that they are going to do it without delay.
"During this debate, it will become increasingly clear that this Government is rushing to action without a deep and clear understanding of the issues.'' And he added that the House always seemed to hear references "which don't seem to be similar to Bermuda.'' Dr. Brown said: "The Government carefully avoided contact with bodies in the US and the Caribbean -- organisations at the cutting edge of counter-racism.
You could only do that if you're not serious.'' And he suggested the US Congressional Black Caucus and the National Association for the Advancement of Coloured People should have been included for the vast experience they could bring to legislators in Bermuda.
And he said: "The issue is a global system of white supremacy. We are talking about a system, not who calls somebody something.'' But Mr. Irving Pearman (UBP) said: "It's wrong for the Loyal Opposition to just pick at this as a stop-gap measure. It's not designed for this -- it was worked on for a considerable amount of time.'' The Rev. Trevor Woolridge (PLP) said that when racial matters were discussed, it was mostly black members of the Government who spoke.
He added that blacks in Bermuda should "finally begin to understand that they have some power and authority and stop walking around with their heads bowed low.'' And he said: "Unless somebody white tells them they are doing the right thing, they don't believe it.'' Rev. Woolridge added that the fact that black people had now achieved prominent positions in the Civil Service and other institutions did not mean that all was well in Bermuda.
He said: "I'm not asking that you give me something special, I'm not asking you to give me something because I'm black. I know how to learn what I want to know and how to earn my living.'' Rev. Woolridge added that his contention that Jesus Christ was black, not white, and that was supported by the Bible.
But he added: "You don't see black people rushing around trying to correct that particular lie.
"You can't discuss that in this Country because to many black people are afraid of offending some white person.'' And he said: "I long for the day when blacks in Bermuda begin to act like they have a majority in this country. But it's going to take black people to show some leadership -- what we need are people to stand up.'' "Hopefully, this will put enough fear in the Country that no one will ever have to be prosecuted,'' Mr. Woolridge said. "But I wouldn't hold my breath.'' Information and Technology Minister Mr. John Barritt said he found the tone of the debate one of its most distressing aspects.
It bothered him when Shadow Health and Social Services Minister Ms Renee Webb said she "couldn't care less'' whether someone called her the `N' word.
While he understood the point she was making, "I was brought up to regard that as something even dirtier than a cuss word or a swear word,'' Mr. Barritt said.
And it was wrong to send the message to young people "that black people couldn't care less if someone calls them names.'' Race permeated everything in Bermuda. Born in 1950, Mr. Barritt's early education was in a segregated Bermuda. He knew "the pew was more comfortable than those who were being discriminated against.'' Bermuda needed to put better policies and practices in place that were not racial or racist. If Opposition MPs disagreed with this measure, they should say what should replace it.
"It's a pity perhaps that we're not blind,'' Mr. Barritt said. "One would then wonder how we'd fumble around this issue.'' Shadow Education Minister Ms Jennifer Smith said Government had diagnosed Bermuda's major problem as institutional racism, but had given a message aimed at treating something else.
All this bill would do was "double'' the number of blacks in prison, because blacks were more likely to commit the types of offences it specified.
"It's like the patient has been diagnosed with cancer and we're treating them for diabetes,'' Ms Smith said.
Former Premier Sir John Swan (UBP) said when he returned to Bermuda in 1960 after attending school in the United States, he believed there were opportunities for him, and he took advantage of them.
However, "some of us were deprived of those opportunities,'' he said. A segregated Bermuda produced many successful black businesses, but after integration, which gave people other options, many black businesses were no longer viable.
"The black community by and large bought into the white community,'' and became "consumers,'' he said.
Blacks were told the most important things were to get "a piece of the rock,'' and an education, and they had done that in large numbers.
White Bermudians often could go to schools cheaper abroad because of their ties to other countries like Canada or Britain, he said.
And in Bermuda, white schools predominantly became private schools after integration.
"One of the biggest mistakes in this Country was the schools were not integrated,'' Sir John said. "There was an attempt to integrate, but in reality, it didn't happen.'' As a result, "we have become two separate races.'' White schools had thrived. The white community was not buying into the public school system, and increasingly, blacks were not either.
"That signal is being sent to their children that the schools that they're in are inferior,'' Sir John said.
Blacks started off with that message, which was reinforced by white-owned commercial establishments which they did not feel a part of or wish to aspire to.
Institutions like Casemates and the Prison Farm ended up being built for blacks.
"What we have to do is start genuinely looking for solutions to these problems,'' Sir John said.
If blacks and whites took matters into their own hands, embraced each other intellectually, and cared about each other, legislation would not be needed.
And blacks sometimes "practise discrimination themselves,'' because they do not feel a part of society.
Sir John wondered why Bermuda did not get "a young white revolution'' -- call to order of society for more harmonious relations. "We've had many black revolutions taking place,'' he said.
Legislation would not substitute for what was a human responsibility.
As he read the daily newspaper each day, he thought, "no wonder people are going to jail. Everything is negative. Everything that can be orchestrated to be wrong is wrong with our society.'' When Sir John returned to Bermuda in 1960, it was still a segregated society, but "I felt there were more opportunities then than there are today.'' What about young people returning to Bermuda from school today? Some gave up before they even started, because they had been pre-conditioned to do so, while young whites felt "the sky's the limit.'' The term institutional racism bothered him, because discrimination came from individuals, not institutions. "We've got to ferret out these persons, individually, and then collectively, if that's what's called institutional racism.
"I hope they ferret it out themselves.'' In the 1950s and '60s, "if a certain group of people were okay in Bermuda, Bermuda was okay,'' Sir John said.
"They were a benevolent group,'' providing mortgages to his generation's parents, and helping people go to school.
"They recognised the importance of keeping the system going, and they couldn't keep it going if they didn't provide a certain amount of benevolence.'' Despite riots and other problems, "that gave them the opportunity to hold onto the system.'' Whites had to start taking the initiative to integrate, Sir John said. He noted Premier Dr. David Saul had sent his children to Elliott, a black primary school. And his children were "better off for it.'' MPs should "plead'' with the Editor of The Royal Gazette "to take more of a conciliatory approach to our society.
"When he writes those editorials, he thinks he's being cute,'' Sir John said.
"He's distorting a whole race of people.
"Maybe we've been sleeping. Maybe we've been intoxicated by our success,'' he said. "Now, we've looked in the mirror and what we've seen we don't like.'' Shadow Tourism Minister Mr. David Allen wondered when Sir John had a "revelation'' that there was racial discrimination in Bermuda.
After 13 years as Premier, "where on earth has that gentleman been?'' Mr.
Allen asked.
Sir John could have told Front Street to make changes or that he would resign and tell the people why. Instead, "he played ball.'' The bill was a "somewhat absurd'' piece of legislation, Mr. Allen said. It would not help the senior Police officer who had just had his career "trashed'' after more than 20 years of service.
Sir John or Labour and Home Affairs Minister Mr. Quinton Edness could stop it by saying: "I'm not going to tolerate this kind of stifling of black aspirations,'' but they had not.
Blacks became a majority in Bermuda in 1800, but 195 years later they were just "treading water,'' Mr. Allen said.
The fact he was the only white PLP MP was "a very sad indictment of racism in this Country.'' Once a predominantly black party governed Bermuda, "then a lot of ghosts will be exorcised from the white community.'' Only then would the black community truly be respected, he said.
Bermudians knew that blacks in the UBP like Sir John "were tools'' of whites, Mr. Allen said. The Premier "found that out very forcefully this summer.'' He "could only go so far.'' The bill was "cosmetics,'' and "really much ado about nothing.'' Maybe affirmative action was the kind of "strong action'' Bermuda needed, but Government had distanced itself from it.
Citing the Tim Smith affair, Mr. Allen said even black and white Cabinet Ministers were treated differently in the UBP.
The message was "not even subliminal,'' but "almost crude.'' Mr. Allen said Sir John had once stood up in the House and said he should not be representing Pembroke East Central, because he was not of the "complexion to be representing a black district.'' And Sir John had added to the problem by saying blacks sometimes discriminate.
"It's very hard to discriminate when you haven't really got any power.'' Integration in Bermuda had been one-way, by blacks into white institutions.
"Whites have always been welcome in the PLP,'' Mr. Allen said. "I'm more of an authority on that than anybody in this community.'' Premier Dr. David Saul said it was wrong to say the bill was "much ado about nothing.
"This is a lot to do about a great deal,'' he said. "The whole question of the survival of Bermuda is based on the whole question of improving race relations.
"This Country has advanced tremendously over the last 30 years,'' Dr. Saul said, not as a result of Government or Opposition efforts, but "by the collective efforts and goodwill of everyone in this community.
"All of us should congratulate each other,'' but there was also a long way to go. "The fact that we are talking about it and discussing it rationally is a good thing for this Country.'' The law would provide the "nudge'' or "push'' that some people needed to "do the right thing.'' Dr. Saul said he sent his children to an all-black school and his son was the first white boy to go to Elliott Primary. "We knew that we were giving him something him more than an academic education.
"In our house, never has race ever been discussed at a negative level.'' The Premier said MPs should be more positive on the race issue. Mr. Allen's speech contained more negatives than positives.
"There are more negatives,'' Mr. Allen interjected.
Dr. Saul said the key was mutual respect.
Opposition Leader Mr. Frederick Wade said Dr. Saul had only been in politics about five years, but "we've been hammering on racial justice for more than 30 years.
"This is a nothing step,'' he said. "It's not a bill designed to do racial justice for black people. It's a victim's bill. It's a bill designed to punish victims who complain.'' Young blacks could react negatively when they perceived discrimination and call someone a name.
"The white community works smarter than that,'' Mr. Wade said. "They don't go around calling nigger anymore.'' The "saving grace'' was that it might be difficult to get convictions. Mr.
Wade said that tour firms favoured certain law firms when dealing with accident claims and banks also gave their custom to a small number of practices.
He said: "Two or three law firms handle all the accident claims in Bermuda.
We are talking about breaking the glass ceiling -- you can't do that while these kind of things happen.
"These are the kind of areas which must be dealt with. People's ability to share this Country's wealth is inhibited.'' Wade: Government is not interested in the welfare of the black community Mr. Wade added that the PLP were not convinced that the Government was interested in the welfare of the black community because its legal work did not go out to tender, but went to "somebody's favourite law firm.'' And he claimed that Government contracts went to favoured firms at the expense of black bids.
Mr. Wade said: "We are looking for more solid progress in destroying this glass ceiling.'' Mr. Maxwell Burgess (UBP) said he became frustrated when a white man told him that "he knows what it's like to think as a black man.'' He added: "We have a racial problem in this Country -- without question this Country's history is steeped in racism.'' But he said all Bermudians must work together to knock down the walls of racism and create integration.
Mr. Leon (Jimmy) Williams admitted that he did not feel comfortable talking about race.
But he added that many young people returned to Bermuda after education abroad ready to "get into the system.'' Mr. Williams said: "But what we see is a lot of young black men going off to places like Atlanta because they feel they don't have a future here.'' He added that Bermuda College would have to get students out of education and into top jobs in hotels.
Mr. Leonard Gibbons (UBP) said the new legislation was "a small step.'' But he added: "The longest walk begins with the first step and this isn't the first step.'' White people who wanted to join the PLP feared being ostracised, said Mr.
Nelson Bascombe (PLP).
He added that he had never heard so many backbench members of the Government "talking black.'' And he quoted a 1969 UBP Parliamentary Caucus where one member had asked the then-Premier why more was not being done by Executive Council members who "belonged to lily-white clubs'' to "promote social integration in the clubs and in the community in general.'' Mr. Bascombe added: "We have a long, long way to go because these same institutions which intimidated people out of joining and being where they could be are still in place.'' Mrs. Grace Bell (UBP) said she wondered if business leaders were making any real effort to eradicate racism in the boardrooms.
And she called for the setting up of an "institute which will teach against racism.'' She added: "We are not going to do anything about racism in this Country until we start teaching about ethnic differences from primary school age to high school right up to college age.'' She added that she knew that black youngsters were often treated differently by Police -- mostly white officers -- than white teenagers.
Mrs. Bell said: "You can't blame the person for being let go -- but for the black person with a similar offence was always arrested or put on a charge.'' She added she had also heard many stories of people seeking loans from banks for things like home improvements who were given the money -- but then told to choose from a bank list of contractors.
Mrs. Bell said: "I heard many stories about the banker pulling out a list and the person having to choose from a list of about six. All these names on that list were of a certain ethnic group.'' She added that fining racists was not enough on its own and offenders should also have to undergo programmes at a special institute to educate them out of their bigotry.
Mrs. Bell stressed that she had met "decent white liberal people -- often from abroad'' at race relations seminars.
But she added: "The white Bermudians often choose to stay away.'' Mrs. Bell admitted that legislation could not change people's attitudes on its own.
But she said: "Every time we discuss this, we are getting the message out to people they won't always change on their own so we will put laws in place.
It really is high time that we at least started to do something.'' Mr. Ottiwell Simmons (PLP) said that his entire family had suffered from racism.
And he said that 24 former BBC employees had several years ago lodged a complaint with the then body in charge of race relations and were still waiting for redress.
He added: "If the legislation we have was enforced, Westgate would be too small to hold the white race of this country.
Mr. Simmons added that he did not like the subject of race because the average white person was decent.
But he said: "The systems they have built have racism at their core.'' Mr.
Rick Spurling (UBP) admitted when he heard black Members speak on racism, he felt a sense of guilt.
And he insisted the proposed legislation "demonstrates the seriousness of the Government and fulfills a promise made in the White Paper.'' He said: "Nobody in this House is representing this legislation as the be all and end all. It's a very difficult issue to get your hands around and to deal with.'' But Mr. Spurling said: "The future of this Island and the success of this Island lies with the races working together.'' He admitted that he had been uninformed on the race issue until he had been elected to the House, but that bodies like CURE would make a difference.
Mr. Spurling said: "I wish I could wave a magic wand and have equal opportunities and equal access now, but I promise to work towards that with the small influence I have.
"Young people do not seem to have the bitterness seen elsewhere and I hope when they take over from us it will be a very different world.'' Government Human Affairs Minister Mr. Jerome Dill said that it was accepted that to deal with racism effectively, it would have to be attacked on a number of fronts.
Mr. David Allen (PLP) said racism in Bermuda was practiced in "a much more subtle, but still very vicious way.'' And he asked whether, under the proposed legislation, a Bermudian who felt aggrieved because a non-Bermudian got a job they had applied for, could press charges.
The bill will now be discussed further by the Senate.
When the House went into committee to discuss the bill clause by clause, several Opposition MPs complained about what they said was poor wording and lack of definitions which would make it difficult to enforce.
Shadow Delegated Affairs Minister Mrs. Lois Browne Evans described the bill as "mumbo jumbo.'' In wrapping up, Education and Human Affairs Minister Mr. Jerome Dill said: "I don't anticipate that this is going to be an overworked legislation.
"But the important thing is the people of this Country know we are sufficiently committed to stamping out racism that we were prepared to deal with even an unlikely eventuality.''