By Eben Kingsley Enasco
The concept of institutionalized racism poses great threat to human rights globally. It re-emerged in political discourse in the late and mid 1990s. Non-state actors have explored the loopholes in existing laws to commit infractions across the nations where racism still exists. Prejudice has remained a contested concept that has been seriously debated over the contrived laws by multiple constituencies. Sherlocks have continue to profiteer from the enterprise by offering enticing offers to win the confidence of blacks especially Nigerians, brushing aside human rights violations.
The United Kingdom where white colour skin people are given preferences and opportunities to get higher pay jobs above black people in employment,The United Kingdom, a dormant company is a company whose transactions have been limited to payment for shares taken by subscribers to the memorandum of association.
Others are fees paid to the Registrar of Companies for a change of company name, the re-registration of a company and filing annual returns and payment made in respect of civil penalties imposed by the Registrar of Companies for delivering accounts to the Registrar after the statutory time allowed for filing.
In recent times, the plights of the black race has worsened overtime, becoming integral part of society and now difficult to address.Racism dominates public bodies, private corporations, public and private Universities abroad. It has been reinforced by the actions of conformists and newcomers.
Nigerians in the United Kingdom have become the worst hit of the latest racial discrimination scam affecting foreigners in European Countries. Companies with history of Institutional racism in some parts of Europe now set up dormant Companies and get foreigners prospecting for jobs desperately to sign up often with little or no consideration for legal homework between the parties in form of binding agreement.
Most of the dormant Companies which do not have no asset, has become a tool for depriving foreign nationals who are staffers in such organizations of their statutory entitlements. Multinational companies have now set up dormant organizations as buyback out of labour litigations and infractions from discrimination cases in the Employment Tribunal which has become a lee-way for victims of institutionalized racism to get justice.
The tribunal allows an employee to make a claim if he can sufficiently establish and convince the tribunal if such person had been discriminated against unlawfully. Unlawful treatment can include, unfair dismissal, discrimination unfair deductions from your pay.
Aggrieved persons usually have to make a claim to the tribunal within three months of employment ending or the problem happening. The tribunal is independent of government and will listen to you (the ‘claimant’) and the person you’re making a claim against (the ‘respondent’) before making a decision.Besides, if there’s another way to solve the problem before you make a claim to a tribunal, such as using a grievance procedure.
Before an aggrieved individual make a claim you must tell the Advisory, Conciliation and Arbitration Service (Acas) that you intend to make a claim to the tribunal. Such complainant will be offered the chance to try and settle the dispute without going to court by using Acas’s free ‘Early Conciliation’ service. The time spent in early conciliation does not affect the total time left to make a claim.
If early conciliation does not work, Acas will send you an early conciliation certificate which is admissible to make a claim to the tribunal. Once a complainant receives his certificate, he will have the same period of time to make his claim as he did before you started conciliation.
In the UK, most foreigners facing racism as well as made to get nothing having gone through screes and scrags in Tribunal of some sort. Dormant companies owners have found a measure to promote institutional racism and has being trending silently.
Researchers including, Taylor, revealed “widespread concerns about the number of employment tribunal awards that go unpaid” and reported that government-commissioned research undertaken in 2013 had shown that, following enforcement action taken by an individual, 34% of employment tribunal awards in England and Wales and 46% in Scotland remained unpaid.
In December 2018 the Department for Business, Energy and Industrial Strategy introduced a “naming scheme” to exert reputational pressure on employers who fail to pay awards. The vast majority of companies actively trade, but there are also over 300,000 dormant companies registered with Companies House.
Although, dormant companies benefit from reduced administrative requirements: in particular, they don’t have to provide the same level of detail in their accounts. While such a claim is hardly a reason in itself, there are a number of good reasons why a dormant company may be formed or maintained. It is of note that the practice of evasion is not yet illegal in the UK, though there have been calls to make it legal.
Another difficulty in reducing institutionalized racism is that there is no sole, true identifiable perpetrator. Also, when racism is built into the institution, it emerges as the collective action of the population.
According to Professor James M. Jones, there are three major types of racism: personally mediated, internalized, and institutionalized. Personally, mediated racism includes the specific social attitudes inherent to racially prejudiced action (bigoted differential assumptions about abilities, motives, and the intentions of others according to), discrimination (the differential actions and behaviours towards others according to their race), stereotyping, commission, and omission (disrespect, suspicion, devaluation, and dehumanization).
He said internalized racism is the acceptance, by members of the racially stigmatized people, of negative perceptions about their own abilities and intrinsic worth, characterized by low self-esteem and low esteem of others like them. That kind of racism can be manifested through embracing “whiteness” (e.g. stratification by skin colour in non-white communities), self-devaluation (e.g., racial slurs, nicknames, rejection of ancestral culture, etc.), and resignation, helplessness, and hopelessness (e.g., dropping out of school, failing to vote, engaging in health-risk practices, etc.).
He postulated that persistent negative stereotypes fuel institutional racism, and influence interpersonal relations. He explained that racial stereotyping contributes to patterns of racial residential segregation and redlining, and shape views about crime, crime policy, and welfare policy, especially if the contextual information is stereotype-consistent.
He also opined that institutional racism is distinguished from racial bigotry by the existence of institutional systemic policies, practices and economic and political structures which place minority racial and ethnic groups at a disadvantage in relation to an institution’s racial or ethnic majority.
One example he cited as the difference is public school budgets in the U.S. (including local levies and bonds) and the quality of teachers, which are often correlated with property values: rich neighborhoods are more likely to be more ‘white’ and to have better teachers and more money for education, even in public schools.
Restrictive housing contracts and bank lending policies have also been listed as forms of institutional racism. Other examples sometimes described as institutional racism are racial profiling by security guards and police, use of stereotyped racial caricatures, the under- and misrepresentation of certain racial groups in the mass media , and race-based barriers to gainful employment and professional advancement.
Additionally, differential access to goods, services, and opportunities of society can be included within the term institutional racism, such as unpaved streets and roads, inherited socio-economic disadvantage, and “standardized” tests (each ethnic group prepared for it differently; many are poorly prepared). Some sociological investigators distinguish between institutional racism and “structural racism” (sometimes called structured racialization).
The former focuses upon the norms and practices within an institution, the latter upon the interactions among institutions, interactions that produce racialized outcomes against non-white people. An important feature of structural racism, is that it cannot be reduced to individual prejudice or to the single function of an institution.
Attached is evidence of the dormancy status of the two examples given above
A dormant company is a company that carries out no business activities in the given period of time. Under the new Companies Act of the United Kingdom, there are exceptions for certain companies.
Some financial and insurance companies are under obligation to file their full accounts, regardless of their status.
In Singapore, a dormant company is defined by two authorities: ACRA and IRAS . For ACRA the determining factor for dormancy is the lack of transactions. For IRAS, a company that does not generate income is considered dormant. The companies deemed dormant by the authorities can be exempted from filing annual financials and submitting tax return. For the latter, a waiver has to be issued by IRAS. To offer further enlightenment on the issue, a dormant company is one that has been registered with Companies House, but is not carrying on any kind of business activity or receiving any form of income.
Therefore, considers it dormant (or inactive) for corporation tax purposes. It can be dormant from the date of its incorporation, or it can become dormant after a period of activity. There are many reasons why a company may be dormant – to reserve a company name whilst preparing to launch the business; restructuring a previously active business; or an owner requires an extended period of time off due to illness, maternity leave, travel, a sabbatical, or any other reason.
It can remain dormant for any length of time, but you must inform your local corporation tax office as soon as possible and maintain a number of statutory obligations for Companies House, including filing annual returns and dormant accounts, reporting changes to registered company details, and keeping records up-to-date and available for public inspection.
Their mylostaccount.org.uk website affords any user to search across all banks and building societies, including those that have merged. Searches can take up to three months to complete, so be patient. Foreign applicants must verify the accuracy of the information displayed by some of the organisations offering job support.
Nigerians in the UK are strongly advised to check the Companies House website for the status of any company they are working for. To avoid unsuccessful litigations, contact details of genuine organization should be topmost priority when signing engagement offer.
This way, foreigners should be able to enforce civil court judgments through the enforcement of Judgments Office and to manage funds held in court for minors and patients. It is sad that after suffering racism and going through the Courts that victims of institutionalized racism are unable to recover their money.
Eben Kingsley Enasco can be reached on 08136778708