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Old May 7th, 2013 #15
Alex Linder
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[okay...backed up from saturday, we pick up on page 41 and will get 12 pages up today to get back on sched.]

Now, is the fact that blacks have on average a lower IQ than whites and that this leads to blacks' being under-represented in vocations which require above average IQ - a disadvantage for which whites are responsible and blacks are entitled to compensation? There are also some obvious inconsistencies with the Directive's stated aim of 'the raising of the standard of living and quality of life, economic and social cohesion and solidarity' (Paragraph 9, Preamble). Special dispensation for black-only organisations to plead for blacks is hardly likely to promote 'economic and social cohesion'. Further, there is a strong hint in paragraph 17 that, since it can be taken for granted that whites are always the perpetrators of disadvantages for others and never the victims, the establishment of organisations geared to the promotion of whites' special needs (however defined) are not necessary. Worse still, in the climate of searching out 'hate crime' and combating 'racism and xenophobia' some will argue that any such organisation is inherently 'racist and xenophobic' and thus to be vilified or proscribed. Indeed this is strongly suggested by Article 14 (Compliance). Anything that conflicts with the 'principle of equal treatment' is to be abolished. This also includes the abolition of 'non-profit-making associations, and rules governing the independent professions and workers' and employers' organisations' where the principle of equal treatment is violated (Article 14, paragraph (b)). In the present inconsistent and frequently incoherent legal climate whites can be certain of one thing, namely that sanctions which the Directive demands be 'effective, proportionate and dissuasive' (Article 15 Sanctions) will in practice be: (i) ineffective (because they are unjust and violate the very principle of equal treatment which the Directive is pledged to uphold); (ii) disproportionate (because of the tendency in all things multicultural to be led by hysteria) and (iii) punitive to the point of viciousness (for the same reasons as ii).

Paragraph 6 of the Preamble goes to the very heat of the EU's multicultural agenda:

Quote:
The European Union rejects theories which attempt to determine the existence of separate human races. The use of the term "racial origin" in this Directive does not imply an acceptance of such theories (paragraph 6).
This attempt to brush aside a vast amount of scientific evidence raises the very important question of exactly what the European Union's legislators do understand by "racial origin". In the absence of any explicit rejection of race as a genetic and biological reality, or any cited evidence on which this rejection is based, the assumption has to be that the drafters of this Directive are either not sure of what they themselves understand by "racial origin" or, possibly, that they harbour a very strong suspicion, even a guarded acceptance of race as a biological and genetic reality, and that race, as a biological and genetic reality, represents a stern challenge to the EU's multicultural agenda.

This failure to make explicit the meaning of "racial origin" and, equally, the failure explicitly to reject 'such theories' rather than endorse the evasive caveat that the term "racial origin" does not imply acceptance, raises, once again, some interesting questions, as can be seen from Article 4 of the Directive which is cited in full:

Quote:
Notwithstanding Article 2(1) and (2), Member States may provide that a difference of treatment which is based on a characteristic related to racial or ethnic origin shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.[6]
Important here is the fact that a distinction is made between 'racial' and 'ethnic'. Now, ethnic gives greater weight to cultural factors but does not automatically exclude race (as a genetic or biological reality), whereas race, according to the multicultural view, is a political or social construct and not a biological or genetic reality. It can be seen that the conspicuous failure to clarify where the Directive stands on the question of race results in the normal double standard and inconsistency. By any standard treating an individual differentially is discrimination, be it negative or positive.

________________________
[6] Readily applicable to 'the principle of gender mainstreaming' (Article 17 Report, paragraph 2).

On the other hand, the lack of clarity here and the undetermined position on "racial origin" as well as the criteria laid down -- 'particular occupational activities' -- make a potentially strong case for outcomes almost certainly not intended by the Directive. To begin with, let us apply the 'genuine and determining occupational requirement' to boxing. Consider the case of a black boxing promoter faced with making a choice between whether to support one of two relatively unknown and untested boxers (one black, one white). He would be acting rationally and in a manner consistent with the Directive were he to support the black boxer and reject the white boxer. He could show that his decision was 'based on a characteristic related to racial or ethnic origin' and not on his being personally biased in favour of black boxers, merely because they were black. His decision would also be based on the criteria of legitimacy (within the law) and proportionality (he can only select one boxer from two candidates) as specified in the Directive.

By 'biased in favour' I mean that if, over the years the boxing promoter has found that for most weights of boxing, black boxers have won more fights than whites (and thus made more money for him) his tendency to favour black boxers is entirely rational. Suppose a black boxing promoter favoured black boxers merely because they were black. How would it be possible to determine that his bias was based on a racial preference for his own kind and not on boxing criteria? Given the innate physical advantages that blacks [word(s) missing, probably possess (not to mention cough, Klitschkos, cough)] the boxer's colour would be a rough proxy of boxing ability so even here it would be rational to discriminate on the basis of colour. But even if the promoter's decisions were so biased in favour of blacks to the extent of giving contracts to blacks who were temperamentally and physically unsuited to the demands of the sport, should he be stopped from pursuing this discriminatory policy? I suggest no. If he pursues such a policy, he will lose fights (read money) and risk the ultimate sanction of business failure: he either readjusts his policies or goes out of business. Legislation that penalises him for preferring black boxers irrespective of their abilities affects all of us, whereas if he goes out of business because of his personal preferences our fundamental freedoms are left untouched. Unlike the black boxing promoter who decides to promote incompetent boxers, the university that awards university places to incompetent blacks suffers no such business sanction. That is borne by the taxpayer. The use of psychometric testing (including IQ tests) to determine suitability for certain types of employment (as in the famous US case Griggs v. Duke Power Co) is also legitimate, proportionate and based on determining occupational need. The black boxing promoter has based his decision on experience, the proven and demonstrable superiority of black boxers over most but not all whites. He does not ask for any biometric data. His judgement is tested in the ring. The case of a university which rejected most but not all blacks because their SAT scores were not good enough for, say , law or medical school is also acting according to the criteria specified above, and far more scientifically, given that SAT scores bear a strong positive correlation with IQ test results and academic performance.

Last edited by Alex Linder; May 7th, 2013 at 12:34 PM.