Managing Diversity Declarations , Statutes/Policies and Strategies/Programs Of International, National, Provincial,

1. Managing Diversity Declarations, Statutes/Policies and Strategies/ProgramsOf International, National, Provincial, Territorial Jurisdictions Joseph Garcea & Neil Hibbert Department of Political Studies University of Saskatchewan Presentation to Metropolis Anti-Racism Forum 29 September 2009 Ottawa

2. Presentation Outline 1. Introduction 2. Key Conceptual Issues • ‘Policy Frameworks’ and ‘Policy Webs’ • Policy Documents Overview • Anti-Racism Policy Documents • Human Rights Policy Documents • Employment Equity Policy Documents • Multiculturalism and Interculturalism Policy Documents 3. Policy System Overview • Policy Focus/Targets and Goals • Multi-Level Governance • Policy Supplementation • Policy Comprehensiveness and Coherence 4. Concluding Remarks • Way(s) Forward and Next Steps

3. Introduction Purpose of Presentation • The principal purpose of this presentation is twofold. Overview of Anti-Racism Policy Documents • The first if to provide an overview of the policy documents in Canada at the national provincial and territorial level that impinge on anti-racism. • This includes policy documents labelled anti-racism as well as those labelled human rights, employment equity, multiculturalism and interculturalism that deal directly or indirectly with some facet of anti-racism. • In addition to statutes and policies some attention is devoted policy initiatives commonly referred to as anti-racism programs, action plans and strategies. Overview of Anti-Racism Policy Documents • The second objective is to provide an overview some important aspects of the anti-racism policy system. This includes the system at the international, national, provincial and territorial level. .

4. Anti-Racism and ‘Policy Frameworks’ & ‘Policy Webs’ • The multiplicity of anti-racism policies create anti-racism “policy frameworks” which, in turn, create what might be termed anti-racism “policy webs” in each jurisdiction • These “policy frameworks” and “policy webs” have some interesting characteristics: (a) they are not the same in scope for every jurisdiction (b) they are not the same in scope for every sector (public vs. private) within each jurisdiction (c) they are not the same for every ministry (more attention devoted to anti-racism & equity by ministry of education and justice than some other ministries. • In short, the “scope or span” and the” thickness and strength’ of these ‘policy frameworks’ or ‘policy webs’ tend to be quite variable.

5. Anti-Racism Policy Documents(Observations) PERVASIVENESS OF ANTI-RACISM POLICY DOCUMENTS • Every order of government has a statute, policy, program, strategy, or action plan related to anti-racism. NATURE OF ANTI-RACISM POLICY DOCUMENTS • However, in many cases the statute, policy, program , strategy, or action plan that embodies provisions and principles related to anti-racism some do not have ‘anti-racism’ in the title. • Thus, the “anti-racism policy framework ” consists of : • The parts of the Constitution that deals with various rights (i.e., equality rights & multiculturalism clauses), • the various national and provincial human rights acts • the various policy statements (e.g., Quebec) • the various anti-racism action plans, strategies or programs that are articulated in writing (e.g., Canada, Alberta, B.C.)

6. Human Rights Policy Documents(Observations) • Federal, provincial and territorial governments all have a policy document titled “Human Rights act/code”. • These policy documents constitute very significant policy tools in the anti-racism project. • They were the initial policy tools aimed at combatting discrimination and racism. • Generally, they are quite similar and have the following components: • They prohibit racism and other forms of discrimination • They contain permissive provisions related to employment equity or affirmative action; • They provide human rights commissions with a role in guidance and support as well as enforcement powers

7. Employment Equity Policy Documents(Observations) • Several jurisdictions have separate Employment Equity policies or affirmative action policies (e.g. Canada, B.C., Quebec, N.B., PEI, Yukon, NWT and Nunavut). • Most jurisdictions have employment equity provisions and principles embodied in Human Rights Acts and other statutes/ • In some cases the Employment Equity policies apply only to the public sector (e.g., Canada, B.C., Manitoba, Quebec, N.B., NWT, Nuvavut). In the case of the Canadian Human Rights Act, it also applies to industries regulated by the federal government. • Nunavut’s ‘Priority Hiring Policy’ and “Inuit Hiring Policy’ are interesting in that they are essentially employment equity or even affirmative action programs for men and women who are members of the majority ethno-cultural groups who are deemed under-represented in the workforce.

8. Multiculturalism & InterculturalismPolicy Documents(Observations) • Eleven of the fourteen jurisdictions have a policy related to multi-or inter-culturalism. • The jurisdictions without a multiculturalism or interculturalism policy per se are the three northern territories . • The three territories are interesting in that they have what are tantamount to ‘Indigenous/Aboriginal cultural preservation and celebration policies’. • Alberta is interesting in that it has a “hybridized policy” that includes (a) Human Rights Act, (b) Citizenship Act, and (c ) a Multiculturalism Act • The precise focus and scope of the policy documents tend to vary considerably. • However, most tend to be “aspirational policy documents” or “good gospel policy documents” designed to serve more of a ‘symbolic function’ and a ‘consciousness raising function’, rather than a substantive and substantial ‘programming function.’ • They tend to exist as reminders of the commitment to diversity and diversity management , rather than as tools or instruments of policy action as are the Human Rights act.

9. Policy System Overview(1. Policy Focus/Targets and Goals ) • The principal focus or targets and goals of the policy documents can be grouped into three general policy frameworks: • Anti-Discrimination Framework • The focus of this policy framework is to deal with racist actions • (e.g., human rights and anti-hate laws) 2. Anti-Racism Framework • The focus of this policy framework is on precluding, reducing or eliminating racist existing attitudes (educational initiatives) • (e.g., anti-racism public education initiatives, and school based education initiatives ) 3. Systemic Racism Framework • The focus of this policy framework is precluding or reducing/eliminating structural systemic racism. • (e.g., finding ways to eliminate or reduce income, quality of life and well-being gaps between the general population and visible minorities)

10. Policy System Overview(2. Multi-Level Governance) • Anti-racism is (and must be) a multi-level governance project. • It involves all systems of governance and all orders of government from the global to the local level. • The table demonstrates the linkage from the global to the national, provincial and territorial level. • At the global level are the U.N. Declarations and Conventions • At the national level are the Charter of Rights and Freedoms and some other statutes • At the provincial and territorial level are the various statutes, policies, action plans, and programs. • At the municipal level include various anti-racism policies and initiatives demonstrates the linkage to the local level.

11. Policy System Overview(3. Policy Supplementation) • The phenomenon of policy supplementation is quite evident in the system. How Does Supplementation Occur? • Policy supplementation occurs in two ways: • Supplementation between the various levels of governance or orders of government (i.e., global, national, provincial and territorial) within the multi-level governance system; and • Supplementation within each order of government which tends to involve adding components to their existing policy frameworks. Why does Supplementation Occur? • Supplementation at the statutory, policy, and program level occurs because there is a recognition that something is missing either in light of : 1. What the U.N. declarations or conventions or the Canadian constitution require 2. What is perceived as a need to do more in order to improve the anti-racism ‘policy framework’. • In both cases the goal is to produce more comprehensive, coherent and effective ‘policy frameworks’ and ‘policy webs’.

12. Policy System Overview(4. Policy Comprehensiveness and Coherence) • Collectively the policy documents indicate an continuing effort to achieve a higher degree of ‘policy comprehensiveness’ (through policy supplementation) and a higher degree of ‘policy coherence’. • QUESTION: • Have we achieved the requisite degree of ‘policy comprehensiveness’ or ‘policy coherence’ in either of the following? (a) In each jurisdiction within the multi-level governance system , or (b) Throughout the entire multi-level governance system (i.e., global, national, provincial, territorial, local) • Emerging and fledgling efforts at producing anti-racism ‘action plans’, ‘strategies’ or ‘programs’ is a function of the desire to achieve a higher degree of ‘policy comprehensiveness’ and ‘policy coherence’. • This is a project of recent vintage that has paid some dividends in a few of the jurisdictions that have produced such ‘action plans’, ‘strategies’ or ‘programs’. • It is necessary to examine those plans , strategies and programs . • We have to see how they are designed, what they are accomplishing, and figure out whether to (a) replicate them in all jurisdictions or (b) continue to work on improving even those recent innovative policy products.

13. Concluding Points(Way(s) Forward and Next Steps) 1. Progress to Date • Governments have done relatively well in producing policy frameworks and policy webs, but they can do better. 2. Progress in the Future • Future progress will require three thing, all of which are already underway (a) Joint and Coordinated Multi-Level Governance Action • Must involved the national, provincial, territorial and local governments (b) Policy Reviews • Must review scope of anti-racism ‘policy frameworks’ and ‘policy webs’ both from: (a) a closed system perspective for each jurisdiction (b) open system and multi-level governance perspective for all jurisdictions. (c) Policy Reforms • Must reform the anti-racism ‘policy frameworks’ and ‘policy webs’ using sophisticated lens and paradigms that are able to take into account the complexities of the multi-level governance systems and the complexities of the policy systems and sub-systems therein. • This requires a shift from : • (a) isolated action with relatively uncoordinated marginal adjustments to policies, to • (b) coordinated action with relatively coordinated and comprehensive and coherent adjustments to policy. • Marginal adjustments can lead to the requisite comprehensive adjustments provided that they are coherent and logically sequenced. QUESTION: • Are comprehensive and coherent anti-racism ‘action plans’ , ‘strategies’ and ‘programs’ produced for both of the following purposes the way to go? (a) Produce comprehensive and coordinated plan(s) for ach order of government (b) Produce comprehensive and coordinated plan(s) for entire multi-level governance system? • How, and how well, can (a) or (b) be achieved?? What are the obstacles to achieving them???