Call for programme of reparations for Scotland’s Gypsy Travellers

Call for programme of reparations for Scotland’s Gypsy Travellers

Professor Angela O'Hagan

The Scottish Human Rights Commission (SHRC) is calling for a programme of reparations for Scotland’s Gypsy Travellers, who were subjected to decades of forced assimilation and on-going harm under policies known as the ‘Tinker Experiment’.

Its new report, No Man’s Land, examines the ‘Tinker Experiment’, drawing on legal analysis, archival evidence and victim testimony.

The report sets out evidence that Scotland’s Gypsy Travellers were pushed to abandon their culture, experienced child removal, and were housed in substandard accommodation as part of efforts by the government and local authorities to forcibly assimilate the community using key legislative and policy actions throughout the 19th and 20th centuries.

The SHRC concludes that the harms caused by the Tinker Experiment are not solely historic. Victims are still living with the consequences, including unsafe housing, cultural loss, discrimination, stigma, poor health outcomes and barriers in education and employment. These ongoing impacts amount to a continuing human rights issue under human rights laws and obligations.

The report finds that the Tinker Experiment involved:

  • forced assimilation policies targeting culture and nomadism;
  • removal of children, including placement in institutions and mistreatment;
  • deep prejudice and dehumanisation of Scottish Gypsy Travellers;
  • substandard accommodation;
  • ongoing discrimination and stigma from public authorities and wider public; and
  • intergenerational trauma and cultural loss reported by victims.

The report concludes that these failures engage several areas of human rights laws. Human rights affected include private and family life, housing, culture, non-discrimination, the rights of the child and the right to remedy.

The SHRC is calling for ‘Transformative Reparations’ by public bodies in response to the Tinker Experiment. Recommendations include:

  • financial compensation to victims and families;
  • rehabilitation, cultural investment and community development;
  • further truth recovery on harms to children;
  • improved and culturally appropriate accommodation; and
  • that redress should be designed and led by victims and meet international human rights standards.

Professor Angela O’Hagan, chair of the SHRC, said: “Victims were forced to give up their culture and in some cases their children. The apologies are vital, but are not enough on their own. Scotland must now put things right and support those who continue to live with the harm.”

“Scotland now has the opportunity to lead internationally in how states address forced assimilation, cultural harm as well as the long-term impact and the continued perpetuation of discriminatory legislation and policies.”

Join more than 16,900 legal professionals in receiving our FREE daily email newsletter
Share icon
Share this article: