Minister of Human Affairs and Information, on Friday, June 10. The Royal Gazette here reprints the Paper in full: INTRODUCTION In the Throne Speech of 5 November, 1993, Government announced it had formed a new Ministry designed to deal with discrimination in the community, and to work with all concerned towards its elimination. By doing so, Government acknowledged that although progress had been made in achieving equality in our community, barriers still existed. The Government has committed itself to their removal.

Racial discrimination and prejudice (f1) are not unique to Bermuda, they are a worldwide phenomenon. There are numerous examples of prejudice at work throughout human history. Psychologists and sociologists have established that prejudice is learned behaviour and, as such, can be changed. Small children, for example, are not conscious of the skin colour of their playmates. They must be taught by adults to ascribe the negative values to skin colour that lead to discrimination and hate.

The concept that one group of people, because of their racial characteristics, is superior to another group is learned behaviour. It is based partly on loyalty to one's own group orientation and partly on myths about all other groups, learned from society generally.

Because discrimination is learned behaviour, the process can be revealed and eliminated, just like any other form of anti-social behaviour. The process of reversal must involve a combination of education, to show the way to a prejudice-free community, and penalties for those who continue to behave in a discriminatory fashion. Government is committed to working towards eliminating racism (f2) in the community.

The educational task of the new Ministry is to widen the circle of understanding in the community of the contribution towards Bermuda's growth, development and enrichment that is to be derived from the recognition and acceptance, on equal terms, of all residents of the country -- recognition of their value and importance to the rest of the community.

The survival of Bermuda in an increasingly competitive world depends on our ability to foster the bonds of unity among all people so that Bermudians can put their energy and resources into bettering the community instead of fighting with each other for positions of superiority on the ladder of social status.

The Government does not seek to create a community that is dominated by either Eurocentric or Afrocentric values. It seeks to create a community that is multicultural and tolerant, that fosters a multicultural approach to education, that encourages the resolution of all social issues and that respects each cultural group for its contribution to the societal whole. The Government believes in a policy of inclusion, not exclusion. It seeks to create a common Bermudian identity, and it seeks recognition for the legitimacy of all cultures which make up the Bermudian whole.

The purpose of this White Paper is to inform the Legislature and the public of the legislative initiatives which the Government intends to take to remove the barriers that stand in the way of racial equality.

THE GOVERNMENT'S PLAN OF ACTION In its attempts to design a plan to eliminate racial prejudice and discrimination, the Ministry of Human Affairs and Information, acting with the Human Rights Commission, consulted with a broad cross section of the community. Locally, public forums were held in the eastern, western and central parishes, at which small groups were encouraged to focus on particular aspects of the problem. A large number of private meetings were held at the Ministry of Human Affairs over a period of many weeks. Residents from all walks of life expressed their views and submitted their recommendations.

The Ministry then conducted meetings overseas with a number of experienced organisations, including the Ontario Human Rights Commission, the Nova Scotia Human Rights Commission, the Ontario Anti-Racism Secretariat and the United Kingdom Commission for Racial Equality. The International Association of Official Human Rights Agencies was also consulted. This American agency promotes civil and human rights around the world, by providing leadership in the development and enforcement of laws at all levels of government, in order to effectively protect the civil and human rights of all persons.

Racial prejudice is entrenched in Bermudian society and is a legacy of our history and heritage. The elimination of institutional racism (f3) , prejudice and discrimination will not be achieved with short-term solutions; it will not happen overnight. Government has taken the first step by acknowledging that barriers of inequality exist. The next and most crucial step requires the involvement, commitment and resources of both Government and the private sector.

The Ministry of Human Affairs and Information is determined that steps will be taken in three areas: (1) A Commission for Unity and Racial Equality will be created to promote equality of opportunity and to work toward the elimination of institutional racial discrimination. The Commission will work with employers, unions and institutions to promote better race relations through education and the creation of social programmes designed to change behaviour and improve attitudes on racial issues. The Human Rights Commission will be the "enforcement arm'' in the Government's efforts to create an environment of equality of opportunity.

(2) The powers, the scope and the function of the Human Rights Commission will be increased by amendments to the Human Rights Act 1981.

(3) Racist acts will be made criminal offences under the Criminal Code.

COMMISSION FOR UNITY AND RACIAL EQUALITY In the spirit of the International Convention on the Elimination of all Forms of Racial Discrimination, Government intends to create a new standing body, the Commission for Unity and Racial Equality (CURE), and will lay enabling legislation before Parliament. Through research, education and information, CURE will promote equality of opportunity and better relations between persons of different racial and ethnic groups. CURE will assist employers organisations, unions and community groups in identifying and eliminating institutional racial discrimination.

CURE will be responsible to the Minister of Human Affairs. CURE's objectives will be working to achieve the following: Equality of opportunity for all persons; Meaningful race relations between persons of different racial/ethnic backgrounds; The elimination of all forms of institutional racism.

CODES OF PRACTICE The Commission will issue Codes of Practice designed to assist employers and employees to eliminate discrimination in the workplace, and to promote equality of opportunity, not only for persons of different racial groups, but also of different gender, in recognition of the prevalence of discrimination against women. These Codes will be prepared following consultation with both employers and employees or their respective representatives, and will be laid before both Houses of Parliament. It is Government's intention that in the first instance, the Codes should be non-binding. Compliance will be reviewed after one year and, if it is necessary, Government will not hesitate to make the Codes legally binding.

COMMISSIONERS Eight Commissioners with understanding and experience of human rights will be appointed. These persons will be responsible to the Minister of Human Affairs and Information for implementing the Commission for Unity and Racial Equality Act.

CURE will be headed by a Chief Commissioner who will be responsible to the Minister for leadership, efficiency and effectiveness of the Commission.

CURE will work through a minimum of three committees. These will be responsible for Education, for Policy and Research and for Compliance Services.

EDUCATION COMMITTEE The Education Committee's responsibilities will include: a) The development and implementation of community education strategies to increase awareness and understanding of race relations; b) Working with employers, employees or their respective representatives, Parish Councils and other community groups to improve race relations; c) The identification of needs, educational resources and developing training to increase equality of opportunity for all disadvantaged residents; d) Promotions of its work to groups and organisations.

POLICY AND RESEARCH COMMITTEE The Policy and Research Committee's responsibilities will include: a) Carrying out research to identify and analyse major issues of racial discrimination and recommending effective strategies to overcome them; b) Monitoring Government laws, polices and practices for their impact on race relations and preparing reports and recommendations for the Minister; c) Providing research and advice to assist in the development of policies to improve race relations; d) Monitoring race relations in the community.

COMPLIANCE SERVICES COMMITTEE The Compliance Service Committee's responsibilities will include: a) Monitoring trends in the work force and identifying institutional patterns of discrimination; b) Organising public forums with representatives of all interested organisations to discuss and find solutions to problems of racial discrimination; c) Consulting employers, employees or their respective representatives and service and accommodation providers to determine their needs in complying with the Act; d) Meeting community organisations to develop proactive race relations policies and practices; e) Working with community groups, employers and employees or their respective representatives to dismantle institutional discrimination in the workplace and in the community.

Commissioners will be appointed, for periods of which none will exceed three years, by the Governor on the advice of the Premier, after he has consulted the Opposition Leader.

Under the supervision of the Director of Human Affairs, the staff of the Commission will be public officers, responsible for the administration of the Act.

CURE will produce an annual report to the Minister not later than six months after the end of each calendar year, which will be laid before both houses of the Legislature.

Government, like the private sector, will be subject to all the provisions of CURE.

Government recognises that progress toward mutual respect and unity has been painfully slow. We have achieved a measure of tolerance, but not equality. To ignore the problem is to expose the community to physical, social and economic danger. Ending the blight of inequality will demand involvement, commitment and courage.

The focus of CURE will be on educating the community on all aspects of race relations and equal opportunity. Strategic proactive education will assist in accomplishing the overall objective. A harmoniously functioning society that permits the full expression of the potential of all persons will ensure unity, stability and sustainable development.

CRIMINAL CODE AMENDMENTS Government is convinced that certain actions of racial discrimination should be made criminal offences under the Criminal Code. To demonstrate its strong disapproval of such acts, Government will make the necessary changes in the Criminal Code to designate racist acts as criminal offences.

HUMAN RIGHTS ACT AMENDMENTS The Human Rights Act provides protection from discrimination, essentially in the areas of employment, the provision of services and provision of accommodation.

Government is committed to giving the Human Rights Commission a more effective role in combating unlawful discrimination. This commitment acknowledges the many appeals from interested individuals and groups to strengthen the Human Rights Act and to put some teeth in the Commission's ability to deal with racial discrimination. To this end, the following amendments to the Human Rights Act will be laid before Parliament: INITIATING AN INVESTIGATION The Human Rights Commission will be given the power and authority to initiate an investigation without the requirement of a complaint, following specific allegations.

INVESTIGATION OF COMPLAINTS The Human Rights Commission will be given power to investigate a complaint, even if the same complaint is being investigated by a department or agency of the Government. This will eliminate delays sometimes created by internal investigative procedures.

COMPLAINT RESOLUTION A new provision will allow the Commission, if it is unable to resolve a complaint in nine months, to forward it to the Minister of Human Affairs and Information, who may, in his discretion, refer it to a Board of Inquiry.

COMPLAINT REPRESENTATION The Human Rights Commission will be given the authority to represent a complainant, with or without an attorney, at a Board of Inquiry. Such representation may occur only after the Commission has established that discrimination has taken place, and mediation has failed to resolve the issue.

In the absence of representation by the Commission, many complainants in the past have been unable to afford representation at an Inquiry, and were thereby unable to take advantage of the opportunity to seek justice. Guidelines will be established to deal with this new provision.

MENTAL ANGUISH A Board of Inquiry or a court of law will have the authority to order compensation for mental anguish in all substantiated cases of discrimination, in recognition of the fact that self-esteem is as capable of being damaged as the body. The true amount of harm caused by discrimination should be recognised and compensated just as under other laws. Courts will determine the amount of compensation to be awarded based on the facts of the case.

PENALTIES FOR OFFENCES Penalties will be universally increased by these amendments: The maximum fine for a first offence will be increased from $1,000 to $5,000.

For a second offence, the maximum fine is increased to $10,000 from $3,000, and the maximum jail term to three years from three months.

The offence of contravening an order of Board of Inquiry will attract, for an individual, a fine of $5,000, increased from $1,000. For an organisation, the fine will rise from $5,000 to $10,000.

SPECIAL PROGRAMMES A new provision will allow bodies the option to pursue affirmative action programmes, provided that the programmes have been approved by the Human Rights Commission. The new provision will not give the Commission power to impose affirmative action programmes, but merely to approve such programmes as organisations, including Government, may wish to implement.

These amendments to the Human Rights Act 1981 clearly demonstrate Government's commitment to a society free from all forms of racial discrimination.

Government does not believe that legislation alone will solve all of our social problems. Legislation, combined with community education, will modify behaviour, reshape attitudes, and guide us toward our ultimate goal.

Government is committed to taking the lead in setting community standards as well as to working in partnership with individuals and organisations in the elimination of racial discrimination.

CONCLUSION In seeking to accomplish its mandate to improve community relations, the Ministry of Human Affairs and Information solicited input from a broad cross-section of individuals, community organisations, employer's agencies and trade unions. Additionally, overseas organisations were consulted and a mass of data was combined and considered.

The Ministry's consultations and fact-finding have resulted in the production of this White Paper. This is the beginning of Government's plan of action and policy implementation for creating a just and equitable society, a society free from the abuses and evils of all forms of racial discrimination. Racism is rooted in a set of beliefs, assumptions and actions based on the false premise of racial superiority. Legislation alone cannot remove the historical legacy of racism, but it will set clear standards of acceptable practice and behaviour. Redress will be provided for persons who suffer injustice at the hands of others. Legislation, combined with practical, comprehensive educational programmes, will keep our community focused on a steady path toward maintaining equality, justice and peace for all.

If we are to achieve our ultimate goal, the entire community must demonstrate a desire and willingness to fully participate in this critical issue. The main thrust of Government's effort to eliminate racism will be to work in partnership with employers, employees and their respective representatives and community agencies to change attitudes and behaviour.

Everyone has a right to live and work in an environment free from racial discrimination. In the final analysis, we accept that given our history and heritage, race matters. However, it is our vision that through our combined efforts we will create a Bermuda that is one people under God, where the word "race'' means only that a person is a human being.

FOOTNOTES (f1) Prejudice is defined by the Random House Dictionary as "unfavourable opinion or feeling formed beforehand without thought, knowledge or reason''.

(f2) The US Commission on Civil Rights defines racism as "Any attitude, action or institutional structure which subordinates a person or group because of colour.'' (f3) "Institutional racism is in any institutional policy, practice or tradition that gives one group in the community an advantage over all the other groups.'' -- The Report on the Criminal Justice System in Bermuda.