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In the Shadow of “No”: Peace after Colombia’s Plebiscite
Español Full Report
Getting to a New Agreement
What Explains the Plebiscite Result?
Positions for a New Agreement
Three Renegotiations
The New Agreement
Peace Toward 2018
The Politics of Congressional Ratification
To 2018 and Beyond
Implementation and its Effect on Political Support
FARC Concerns
Planning Successful Implementation
Peace and Other Armed Groups
A Role for the International Community
Implementation and Political Support
The Special Issue of Drugs
Appendix A: Map of Colombia
From Elections to Ceasefire in Myanmar’s Rakhine State
An Election Opening
Election Cancellations
Japan’s Diplomatic Breakthrough
Faltering Hopes for a Vote
A Platform for a Ceasefire?
A member of the Revolutionary Armed Forces of Colombia (FARC) sits in his tent in the “Alfonso Artiaga” Front 29 FARC encampment in a rural area of Policarpa, Narino, in southwestern Colombia on 16 January 2017. AFP/Luis Robayo
Report 60 / Latin America & Caribbean 31 January 2017
Revised and ratified after its shock rejection in October 2016’s referendum, Colombia’s peace agreement still lacks sustainable political support. Reversing public distrust will need swift and effective implementation of the accord – including full apologies for past crimes and the visible handover of weapons by insurgents.
Download PDF Full Report
Defeat by a wafer-thin margin in the October 2016 plebiscite on the peace agreement between the government and the Revolutionary Armed Forces of Colombia (FARC) insurgency shocked Colombia’s society and political establishment, as well as the accord’s international backers. With the signed document suspended while rebel combatants tentatively gathered in sites across the country, prospects for an end to 52 years of armed conflict initially darkened. A revised accord, with numerous changes demanded by opposition leaders, was unveiled less than two months later, but the illusion of consensus was short-lived. Indignant that it was not able to review the new text and incensed that though many of its proposals were included, a few key ones were not, the opposition decried the agreement and its ratification in Congress. Peace with the guerrillas is again set to polarise parties and candidates in elections in 2018. A swift, effective start to implementation of the accord is needed to reverse public wariness and political resistance.
Victory in those elections for opponents of the peace agreement would be the harbinger of major challenges to the deal’s sustainability. Concentration of FARC combatants is underway, albeit problematically and with delays, and the six-month timetable for the handover of weapons has been set in motion. However, funding gaps, administrative delays and the political balance of power ahead of 2018 threaten to curtail transitional arrangements and structural reforms aimed at remedying the root grievances of the conflict. The opposition could financially starve institutions, programs or policies in the peace agreement if it comes to power. The terms of transitional justice, measures on rural reform and land access, and community-based approaches to removing coca crops and establishing alternative income-generating activities could all be in danger.
Defending the agreement will be an intrinsic part of the political battle ahead. Persuading a distrustful, urbanised public to give its backing depends in the immediate term on what happens in and around FARC cantonments. Over the next year, successful implementation will be the best way to bolster popular and political support and make it politically costly for opponents to reverse the peace process. Transparency in handover of weapons, full apologies for past crimes, continued progress on humanitarian actions such as de-mining, increased results in the search for victims of forced disappearance and eventual cooperation with the Special Jurisdiction for Peace would underline the insurgents’ commitment to peace and the dangers of reneging on the agreement.
Violence on the ground will also affect support for the agreement in the short term. FARC leaders and troops fear betrayal by the state, and some may seek to hedge their bets in face of the visible opposition from significant political forces. Promised peace talks with the country’s second insurgency, the National Liberation Army (ELN), have not begun, and various armed groups appear to be behind dozens of killings of social leaders that constitute a new wave of terror in remote rural communities. Only resolute commitment by the state to prevent battles for control of illicit economies and protect civilians and ex-combatants will give peace real local-level meaning.
The international community should continue its political support, using its delegates and special envoys to maintain dialogue with all sides and exerting discrete pressure when necessary on opposition leaders to preserve crucial parts of the agreement that could be in jeopardy. It should refrain from making calls for renewed aerial fumigation of coca crops and instead give the agreement on illicit drug substitution a real chance to have effect. It must also use its financial assistance to establish mechanisms for moving resources quickly on behalf of effective implementation on the ground, helping resolve and learn from problems as they arise.
Rebuilding Colombia's Trust in the Peace Process
In this video, our Senior Analyst for Colombia, Kyle Johnson, highlights the main findings of Crisis Group’s report “In the Shadow of “No”: Peace after Colombia’s Plebiscite”. Crisis Group
To build political support for sustainable implementation of the new peace agreement
To the government of Colombia:
Strengthen dissemination of the peace agreement in both rural and urban areas, while increasing protection rapidly for social leaders under threat until the agreement on security guarantees can be implemented.
Establish and fund new institutions and commissions tasked with key roles to implement the peace agreement quickly, while strengthening nascent and galvanising existing bodies to generate early peace dividends for victims and conflict-zone communities.
To the government of Colombia and the FARC:
Continue with the established weapons handover schedule despite delays in FARC arrival at cantonment sites, while adopting a proactive communication strategy, including documenting evidence of the FARC laying down weapons and engaging in reinsertion and of progress on other aspects of implementation.
Keep victims at the centre of the process as implementation begins, increasing cooperation in the search for victims of forced disappearance, releasing all children age fifteen and under in FARC ranks and continuing public apologies for notorious crimes committed in the war.
Explore space for dialogue with the opposition on implementation.
Prioritise improving security for local leaders in the short term with preventive measures, training and strengthened security schemes, while also setting up institutions for protection of FARC members.
Include local and regional authorities more directly during the arms abandonment process and planning of other implementation aspects.
To the opposition:
Reinitiate dialogue with the government on implementation and increase the frequency, strength and level of its denunciations of violence against social leaders.
To the international community:
Continue peace process support by maintaining delegates and special envoys during implementation, supporting citizen security and sustaining funding for international actors with important post-conflict roles, such as the UN High Commissioners for Human Rights and Refugees among other key players.
Press the government and FARC to keep their commitments on time and to involve local actors more extensively.
Continue dialogue with the opposition so as to press for support especially of at-risk parts of the peace agreement, such as rural development, political participation, transitional justice and humanitarian measures.
Make more frequent public statements showing concern for the killing of social leaders and demanding progress in protection and justice.
Support new agreements for major alternative development investments to tackle illicit drug production before pressing for more direct eradication.
To the UN mission:
Finish deployment as quickly as possible, including of the civilian component, to prepare for and receive FARC fighters as they gather in cantonments for weapons handover.
Adopt a proactive communications strategy, publishing frequent updates on FARC concentration and weapons handover, using media beyond regular official reports.
Press the government and FARC to follow the schedule for weapons handover in the peace agreement, despite early and likely future delays.
Bogotá/Brussels, 31 January 2017
When Colombians voted in October 2016 on the peace agreement between the government and the Revolutionary Armed Forces of Colombia (FARC), the “no” vote edged the “yes” by less than half of one per cent, with a 37 per cent turnout.[fn]For previous Crisis Group work on the peace process, see Latin America Reports N°s 58, Colombia’s Final Steps to the End of War, 7 September 2016; 53, The Day after Tomorrow: Colombia’s FARC and the End of the Conflict, 11 December 2014; 51, Left in the Cold? The ELN and Colombia’s Peace Talks, 26 February 2014; 49, Transitional Justice and Colombia’s Peace Talks, 29 August 2013; 45, Colombia: Peace at Last?, 25 September 2012; and Briefing N°32, On Thinner Ice: The Final Phase of Colombia’s Peace Talks, 3 July 2015.Hide Footnote An intense process of high-level political dialogue ensued, leading to a new agreement that the government, FARC and many in civil society defend. Voicing dismay at the government, which it accuses of undermining democracy, the opposition has also united, but with the aim of rejecting the new agreement.
Congress has ratified the accord, and the start of the calendar for the insurgency’s weapons handover was set for 1 December, initiating the countdown for the 15,000 FARC combatants and militia members to gather in 26 cantonments across the country. The opposition, despite the Constitutional Court having allowed the congressional ratification procedure, has argued that by relying on the previously established pro-government majorities in both houses of the legislature, President Juan Manuel Santos cheated the people. Attempts to persuade it to support the new agreement have failed.
The context in which peace is to be implemented is far from hospitable. The government will struggle, even with international aid, to fund all the activities envisaged. New institutions the accord requires – some already created – are skeletal, sorely understaffed and unable to undertake the programs they are designed for, such as the Agency for Territorial Renovation; other official bodies, including the attorney general’s office, have proposed policies contrary to those in the agreement.[fn]Crisis Group telephone interview, high-level diplomat, Bogotá, 28 November 2016; interview, government official, 9 December 2016.Hide Footnote Violence against local social leaders has increased, raising doubts about peace benefits and leading to further polarisation between supporters and opponents. The peace process with the National Liberation Army (ELN), Colombia’s second largest insurgency, is yet to begin.
Political support for the peace agreement is weak and will most likely flag as the presidential election campaign begins later this year that will bring a new leader to office in 2018. Full implementation is thus far from guaranteed. Even so, the government and FARC have a window of opportunity to build support via implementation over the next eighteen months that would raise the political cost of not continuing the process from mid-2018 onwards.
The research for this approach included extensive interviews with members of the opposition, FARC and government negotiating teams, members of the Tripartite Mechanism to monitor and verify the ceasefire, pro-peace agreement leaders and politicians, political and legal experts and members of the international community close to the peace talks.
II. Getting to a New Agreement
The journey from plebiscite to new peace agreement hinged on various decisive moments. The starting point was the document’s narrow defeat on 2 October, leading to a complex shift in the balance of political power. Neither government nor opposition could claim a clear mandate. Tensions worsened as renegotiation began on a new text, ending with the crafting of an accord that lacked the stable, sustainable political base that opposition support would have added to that of pro-peace political parties, many victims’ organisations and civil society.
A. What Explains the Plebiscite Result?
The surprise result stemmed from the diversity and levels of commitment of voter bases in the opposition and pro-accord movements. A combination of ex-President Álvaro Uribe’s devoted support, anti-“gender ideology” churchgoers and the most right-wing elements of the divided Conservative party made up the majority of those who rejected the agreement.[fn]“Gender ideology” is the phrase used by groups who claim the accord looks to convert children into homosexuals, attacks the traditional family and seeks to take away parents’ right to educate their children in traditional ways. They say the ideology is in those parts of the agreement that promote special treatment for lesbian, gay, bisexual, transgender and intersex (LGBTI) victims of the conflict. Crisis Group interview, pastor opposed to peace accord, Bogotá, 3 November 2016.Hide Footnote Though he remains extremely divisive, Uribe’s support is stable and high. His followers tend to be more active in promoting their views and encouraging others to vote than those who favour the accords. Uribe backers are in general also more inclined to vote than other groups. The plebiscite was ideal for mobilising his committed base, as it loathes the FARC, rejects its participation in politics and fears Colombia turning into chavista Venezuela. The “religious vote”, primarily concerned about an alleged “gender ideology” smuggled into the agreement, is assumed to have been higher than in previous elections and fundamental to the result. Finally, an unknown part of the “no” vote derived from disinformation targeted at voters according to their region and income level.[fn]“‘La estrategia del Sí tuvo muchos desaciertos’: Francisco Gutiérrez”, Semana, 8 October 2016. Jennifer Cyr and Carlos Meléndez, “Colombia’s right-wing populist movement defeated the peace deal. Here’s how we know”, The Washington Post, 4 October 2016. The director of the “no” campaign said different messages were used for distinct population sectors to encourage anger-based voting. These included claims the FARC would receive impunity; images of Santos and FARC leader Timochenko together; that subsidies and pensions for the poor and elderly would be cut; and Colombia would turn into Venezuela. Juliana Ramírez, “El No ha sido la campaña más barata y más efectiva de la historia”, La República, 5 October 2016.Hide Footnote
The high-level battle also favoured the opposition. Ex-President César Gaviria, leading the “yes” campaign, was unable to counter opposition arguments effectively, and no strong, unifying figure similar to Uribe emerged. Vice President Germán Vargas Lleras, a candidate for the role given his power and direct experience of guerrilla violence, was almost completely silent and, if anything, gave indirect support to the opposition.[fn]Vargas Lleras said he supported the agreement, with misgivings on certain issues. The Uribe argument of supporting peace but with changes was conceptually similar, and Vargas Lleras’s lack of campaigning, plus some ideological similarities with Uribe, may have led part of his base to vote “no”. He is due to step down in March 2017 to begin campaigning for the presidency.Hide Footnote “Yes” campaign strategies were also questionable. President Santos’s and other establishment-based parties focused on regional and local politicians, depending mainly on political machines, powerful families and coalition-building, which proved less effective in a single-issue plebiscite than in regular elections and were not even fully activated. Civil society, while vocal, again showed its historical weakness at mobilising votes. Finally, some pro-accord voters may have been complacent due to polls pointing to a big victory.
Areas of higher poverty tended to vote for the accord, except in Bogotá where lower-income groups were strongly “no”. The periphery – defined by measures of typical rural attributes or state capacity – also tended to back the agreement. It has been argued that areas with higher victimisation levels in the armed conflict tended to vote “yes”, but that argument hinges on how victimisation is measured.[fn]Leopoldo Fergusson and Carlos Molina, “Un vistazo a los resultados del plebiscito”, La Silla Vacía, 4 October 2016. If victimisation is measured solely by displacement, there is a clear correlation with “yes” votes, but not when it is measured more generally.Hide Footnote
The opposition’s victory meant its proposals for a new agreement had to be taken into account if the process was to be saved. Early on, some opposition leaders argued that any new accord required their approval. But the close result also allowed the politically-weakened government to divide the opposition (or isolate Uribe) by absorbing some concerns, while maintaining the risky option of a new plebiscite, a tactic that deprived foes of an absolute veto. Moreover, at various stages, the opposition showed itself to be divided. It was not until a new agreement was reached and ratified in Congress, despite the omission of certain of its key concerns, that the opposition could unite in indignation.
B. Positions for a New Agreement
Shortly after the plebiscite, the political and social actors who actively opposed the original agreement handed in their proposed changes. The first document with the entirety of their proposals presented in Havana to the FARC contained more than 260 items from at least ten sources.[fn]“Santos no recibe más propuestas sobre el acuerdo de paz”, El Espectador, 20 October 2016. “Propuestas de Gobierno”, Government of Colombia (GOC), 23 October 2016.Hide Footnote Part, especially those touching on rural reform, reflected political interests rather than the concerns of many “no” voters. Despite the diverse, in some cases contradictory universe of proposals, there was a handful the opposition considered indispensable.
The most politically important were unmistakeable. There was a consensus that punishments in the Special Jurisdiction for Peace (SPJ) – the system devised to mete out transitional justice for serious crimes committed during the conflict – must be harsher, especially (in some cases exclusively) for the FARC. The SPJ, the opposition argued, should become part of the normal judicial system. There was near agreement that the Armed Forces must receive preferential treatment, though what that entailed differed between factions. The opposition shifted from demanding permanent prohibition from political office for those convicted of crimes against humanity and war crimes to a ban until sentences were completed.
All opposition groups agreed that there should be no amnesty for drug trafficking, the FARC should hand over its assets to be used as reparations to victims, and FARC use of such resources for political activity should be explicitly prohibited. The opposition was also united in demanding the agreement not have constitutional rank.[fn]The constitutional rank, or bloc, is the series of norms not in the constitution but used as parameters for constitutional control of law, such as treaties. “Sentencia C-067/03”, Constitutional Court, 2003.Hide Footnote Private property, it insisted, must be explicitly respected. Finally, concerns were expressed over “gender ideology” and its alleged effects on what was argued to be traditionally defined family and society.[fn]Crisis Group interviews, opposition representative and negotiators, Bogotá, 19, 20 October, 8, 11 November; Christian pastor, Bogotá, 3 November; senior diplomat, 11 November, all 2016. “Propuestas de Gobierno”, op. cit.Hide Footnote
The government responded by identifying those it considered easy to resolve, those that were difficult but not impossible and those that were held to be completely unviable. The opposition then argued that ruling out anything meant Santos was opening the door to “cheating” “no” voters by discarding key proposals that were inconvenient. Nonetheless, Santos sent his negotiators to Cuba with orders to take tougher stances on certain points, leading to friction with the FARC on the political participation issue, for example.[fn]“Santos dice que algunas propuestas para acuerdo de paz son inviables”, El Tiempo, 20 October 2016. “Santos quiere hacer conejo con el acuerdo: Alejandro Ordóñez”, El Espectador, 3 November 2016. Crisis Group interview, senior diplomat, Bogotá, 4 November 2016; opposition negotiator, Bogotá, 8 November 2016; FARC negotiator, Havana, 28 October 2016.Hide Footnote
Once renegotiations began in Cuba, attention turned to the FARC’s reaction. Soon after the plebiscite, the group announced it was committed to peace and, in a 7 October communiqué, to adjusting the agreement so that it could earn broad-based political backing.[fn]“Comunicado conjunto: Acuerdo Final, plebiscito y cese al fuego”, GOC and FARC-EP, 7 October 2016.Hide Footnote But it also said it could not yield on eligibility for office, which it considered the essence of the negotiations: converting an armed insurgency into a peaceful political force. It also continued to reject prison sentences, insisting that any harsher punishment must be applied to all actors in the conflict, and opposed including the SPJ within the ordinary justice system. The FARC (and government) disagreed with the proposal to give landowners a permanent assumption of good faith in all land purchases, thus allowing them to avoid prosecution if the land had been stolen without their direct participation. Lastly, it pushed hard for the accord to have constitutional force, but eventually gave way.[fn]Crisis Group interview, FARC negotiator, Havana, 28 October 2016.Hide Footnote
C. Three Renegotiations
A new agreement depended on three negotiation processes. The first was between the opposition and government. In public, both spoke of productive talks; in reality, there was a mutual lack of confidence. The government believed the opposition wanted to drag talks on into the 2018 presidential election, while the opposition was unsure the government would genuinely represent its positions in Havana. After an early back-and-forth, the opposition handed in a document with all its original proposals, some of which were watered down to show flexibility.[fn]Crisis Group interview, opposition negotiator, Bogotá, 8 November 2016.Hide Footnote
The second track involved civil society supporters of the peace agreement and the government, as well as on occasion the FARC. Not so much a negotiation as a defensive move by the pro-agreement camp, organisations, movements and leaders met with Santos to urge him to find a new accord quickly and to retain the original principles. A series of marches across the country and creation of a Peace Camp in Bogotá’s central Bolívar Plaza kept pressure on all sides.[fn]Crisis Group interview, organiser of the Peace Camp in Bolívar Plaza, Bogotá, 12 October 2016.Hide Footnote Some movements travelled to Havana to urge the FARC to persevere in its search for peace.
The third and final negotiation was between the government and the FARC. The government negotiators returned to Havana on 21 October and began a first round of talks, each one lasting roughly twelve hours. After these, the team returned to Bogotá to update the opposition. On 29 October, a new round began with the FARC, eventually leading to the announcement of a revised accord on 12 November. The latter talks had their difficult moments, particularly over FARC’s future political participation.[fn]Crisis Group interviews, high-level diplomat, Bogotá, 4 November 2016; FARC negotiator, Havana, 28 October 2016.Hide Footnote
During the negotiations with the FARC, a stable line of communication was established to keep opposition leaders up to date. However, concern that the government was not properly representing opposition positions was never fully dissipated. The “no” leaders expected further discussion on the new agreement before it was signed, but this never happened. With a few key concerns not addressed and amid politically motivated allegations that the revisions were little more than cosmetic, the opposition finally united against the document.[fn]Crisis Group interviews, opposition negotiators, Bogotá, 8, 11 and 30 November 2016.Hide Footnote
Throughout the renegotiation, the government and FARC felt under great time pressure due to concern the bilateral ceasefire could fall apart, despite an early consensus between them and the opposition that it was necessary. A new, detailed protocol included the pre-grouping of FARC fighters. With the government paying for FARC sustenance after 30 days, maintenance of the cessation of hostilities was possible, but the ceasefire was designed to last only three months.[fn]Crisis Group interview, member, UN mission, Bogotá, 9 November 2016. “protocolo para el cese al fuego y de hostilidades bilateral y definitivo (CFHBD) entre el gobierno nacional y las FARC-EP”, GOC, FARC-EP and UN mission, 13 October 2016.Hide Footnote On 13 November, the army killed two FARC fighters carrying out extortion activities on pretext of being ELN in Santa Rosa del Sur, a southern Bolívar province municipality.[fn]“GOC and FARC-EP violated ceasefire in south Bolivar incident”, Tripartite Mechanism communiqué, 30 November 2016.Hide Footnote While this event highlighted the ceasefire’s fragility, it also showed the robustness of the Tripartite Mechanism.[fn]The Tripartite Mechanism, which includes the government, FARC and UN mission, is to monitor and verify the ceasefire and weapons handover process. The UN mission is charged with investigating possible violations, helping agree protocols when necessary, assuring the parties fulfil their roles and providing recommendations after violations, among other tasks.Hide Footnote Both parties immediately turned to it to investigate, and it found violations by both sides. Government and FARC language then softened, and no further violent actions took place between them.
D. The New Agreement
The new agreement announced on 12 November included numerous changes based on opposition proposals. Some 58 per cent of the opposition’s original public proposals were included completely or partially. Some 58 proposals posited complete changes in form and underlying justification, of which 21 were included completely and six partially.[fn]See “Radiografía del plebiscito y el posplebiscito”, and “Radiografía del nuevo acuerdo: ¿Qué tanto se renegoció?”, both Fundación Ideas para la Paz, n.d.Hide Footnote Contrary to opposition charges, the revisions were beyond cosmetic.
Most of the opposition’s proposals and wording on Comprehensive Rural Reform were included and/or addressed, such as the rural tax system and legal protection for those who bought land in good faith. The same can be said for proposals and wording on political participation, for example on the role of political parties in designing a new statute for the political opposition.[fn]Many of victims’ leader Herbin Hoyos’s original proposals on victims’ participation in politics did not make it into the agreement, as they were either already implicitly there or proposed automatic seats in Congress for victims and a party with the same rights as the FARC, among others. The statute for political opposition is a legal measure to outline the special “guarantees for political parties and movements that declare themselves to be in opposition”. “Acuerdo final para la terminación del conflicto y la construcción de una paz estable y duradera”, GOC and FARC-EP, 24 November 2016, p. 37.Hide Footnote Some proposals on procedures for ending the conflict and on guarantees for ex-combatants’ security were accepted, though the conditions under which ex-combatants could hold office, including automatic allocation of congressional seats, were not altered. Several proposals on illegal drug cultivation were also incorporated, including a FARC legal commitment to hand over all relevant information about the drug trade, and the state’s right to aerially fumigate coca crops, despite suspension of this method in 2015.
Regarding victims and justice, the FARC is to hand over its whole war economy to provide victims reparations. The SPJ system is to be connected to the penal code and judicial system and not have foreign judges nor give NGO reports the same weight in evidence as information from the state authorities. SPJ courts may rule that FARC drug-trafficking can be interpreted as having been for personal gain, not merely to fund armed political activity. Perhaps most importantly in light of “no” campaign rhetoric, the new accord defines the restriction of liberty of convicted guerrilla combatants as obliging them to reside throughout their sentences within a village, under UN surveillance, while doing reparations-oriented work.[fn]Ibid.Hide Footnote
Numerous implementation proposals were added, including clauses on the accord’s financial stability; definition of “gender focus” as the “recognition of the equal rights between men and women, the special circumstances of each …”; and explicit respect for religious liberty.[fn]Ibid, p. 193.Hide Footnote Nor will the agreement have constitutional rank.[fn]Sources for this information include a comparison of the new accord, GOC and FARC-EP, op. cit., and the first document used in Havana to discuss opposition proposals, “Propuestas de Gobierno”, op. cit.; and “Sistematización opciones y propuestas voceros del no y lo acordado en el nuevo acuerdo”, Oficina del Alto Comisionado para la Paz, 22 November 2016. For just changes, see “Documento de trabajo: cambios, precisiones y ajustes”, Office of the High Commissioner for Peace, 12 November 2016. Pablo Abitbol, “Comparación anterior y nuevo Acuerdo Final Gobierno de Colombia – FARC-EP”, n.d.Hide Footnote The government and FARC argued they made changes to 56 of 57 topics discussed with the opposition; FARC political participation was the exception.[fn]“‘Logramos precisiones y cambios en 56 de los 57 temas abordados en nuevo acuerdo’: Santos”, El Espectador, 12 November 2016.Hide Footnote
III. Peace Toward 2018
All opposition leaders and the government negotiating team met the evening of 21 November in Bogotá.[fn]On the morning of 21 November, the presidential candidates of the Democratic Centre Party met with government negotiators to cordially discuss agreement on implementation. But poor communication from the opposition and differences of opinion on the government side, as well as procedural disagreements, set the tone for the evening meeting. Crisis Group interviews, opposition negotiator, Bogotá, 29 November 2016; political expert, Bogotá, 2 December 2016.Hide Footnote It started poorly, and ended worse. Perceptions differed on whether changes had been made to key parts of the accord; whether the new agreement was to be discussed with “no” leaders before signing; and over the way forward. They settled for complete disagreement: the opposition publicly rejected the accord, backtracking on some of its offers of greater flexibility. The polarisation created by the plebiscite, after being briefly camouflaged during the renegotiation process, resurfaced intact during the new ratification process.[fn]“No es No”, La Silla Vacía, 22 November 2016; “Comunicado de representantes del No y de las víctimas”, 21 November 2016; Crisis Group interview, opposition negotiator, Bogotá, 30 November 2016.Hide Footnote
A. The Politics of Congressional Ratification
On 29 November, the Senate approved the peace agreement, 75-0; 25 from the opposition took part in debate but abstained, arguing Congress had no legal mandate to approve the accord. The same occurred in the House of Representatives the next day, where the vote was 130-0 (out of 166 taking part). The votes were controversial for reasons that will continue to impair support for the agreement.
Using Congress gave the government and FARC a clear route to ratification, while putting the opposition at a patent disadvantage. The pro-government coalition has a clear majority in both houses, especially on issues relating to the peace process. With Congressional elections not due until 2018, there is no immediate way for the “no” movement to translate its support base into legislative power.
This has led the opposition to argue that the government is undemocratically “imposing” the same peace deal, but the assertion that the congressional ratification is “undemocratic” depends on two claims. The first is that the new accord has only cosmetic changes, which fails to recognise the opposition’s success in getting key proposals into the text. The second contests the government view as to what can be defined legally as a “popular referendum”. The opposition argues that a special congressional vote is not a valid “popular referendum”; the pro-agreement side, including Santos, insists it is. Forced to adjudicate, the Constitutional Court ruled in December that Congress could itself decide on the ratification process.[fn]The Legislative Act for Peace’s fifth article required any peace agreement to go through a “popular referendum”, which at the time included the options of local committees, Congress or a new plebiscite. When the act was passed, the “popular referendum” language referred to the plebiscite. The Constitutional Court’s ruling on the Legislative Act avoided answering if Congress was a valid option, letting that body decide. The response in effect was “yes” as Congress activated the fast-track in December. “Comunicado No. 52”, Constitutional Court, 13 December 2016, p. 2.Hide Footnote The result of these differences is that the opposition has begun to use more extreme language, ratcheting up political polarisation by questioning not just the terms of peace but also the government’s respect for basic democratic tenets.[fn]See the speeches made by the Democratic Centre Party (DCP) Senators Iván Duque, Carlos Holmes Trujillo and Óscar Iván Zuluaga during the referendum debate in the Senate on 29 November 2016.Hide Footnote
The Constitutional Court also allowed Congress to activate the fast-track system laid out in the Legislative Act for Peace for approving the more than 50 laws needed to implement the peace agreement while avoiding the standard four or eight congressional readings of each bill. Considered essential – the FARC even said it would otherwise return to war – fast-track enabled Congress to approve key legislation, including the amnesty law passed at the end of December.[fn]“‘Sin ‘fast track’ volveríamos al monte’”, Semana Video, n.d.Hide Footnote
Avoiding a second plebiscite and securing fast-track procedures for peace agreement legislation have been essential to rapid recovery of the peace process. However, the way in which the government has acted makes rejection of the peace accord and its implementation – partially or wholly – a profitable political platform for 2018, as the opposition will continue to argue there has been no new peace agreement, and that the 2 October plebiscite was thwarted. Implementation in the medium- and long-term thus is at serious risk.
B. To 2018 and Beyond
As in the 2014 elections, peace will be at the heart of the national vote in 2018. The peace agreement will be central in the opposition’s congressional and presidential platforms.[fn]Crisis Group interviews, opposition negotiators, Bogotá, 11 and 30 November 2016.Hide Footnote With Uribe and other leading opposition figures set against the peace agreement and portraying themselves as the saviours of democracy, and with Vice President Vargas Lleras another contender, the likelihood of an anti-agreement candidate winning the presidency is high.[fn]Colombian presidential politics is a mix of traditional patronage networks and political identities, powerful families and opinion-based voting. Uribe will be able to mobilise perhaps around four million supporters for his preferred candidate. Vargas Lleras has the highest favourability of any politician (61 per cent), followed by Uribe (57 per cent), though recent scandals in his Radical Change party, may weaken him. Nonetheless, his patronage networks are unmatched. Marta Lucía Ramírez, Conservative party, had a good first round in 2014, and has a favourable rating of 41 per cent, but her party is regionally weak. On the pro-agreement side, the likely Liberal party candidate, Humberto de la Calle, has a 54 per cent rating. His party, though, can no longer count on votes from its 2014 alliance with Cambio Radical and is still weakened by old divisions. The Greens and Democratic Pole are relatively weak. “Gallup Colombia Poll #116”, December 2016. “Elecciones Presidenciales: Resultados”, Registraduría Nacional del Estado Civil, s.f.Hide Footnote Full implementation of the accord would then be in jeopardy.
Coalition-building will be crucial for the next president and Congress.[fn]Alliances are a constant in presidential elections, as parties make agreements after the first round to support one of two remaining candidates. In 2018, many coalitions will likely already exist due to shared positions on the peace agreement. After the plebiscite, the power of various actors within those coalitions is hard to judge and not static.Hide Footnote The numerous possible presidential candidates within the “no” movement, including Marta Lucía Ramírez, Óscar Iván Zuluaga, Iván Duque, Carlos Holmes Trujillo, and Alejandro Ordóñez, as well as Vargas Lleras, will make competition within and between parties fiercer than normal. In general, the Democratic Centre Party (DCP) starts with an edge, as its vote threshold is high, and Uribe, though barred from a new term, enjoys a certain cult of personality.[fn]“‘La estrategia del Sí tuvo muchos desaciertos’: Francisco Gutiérrez”, Semana, 8 October 2016; Crisis Group interview, political expert, 10 November 2016.Hide Footnote It is difficult to imagine a realistic scenario in which the DCP candidate does not make it to the second round of voting. As other opposition contenders look to increase their vote share, they have tended to portray themselves more radically as saviours of democracy and security.[fn]Alejandro Ordóñez has charged that because of how the peace accord was handled, Santos is consolidating a “dictatorship”. “En Colombia estamos ‘desde hace rato en una dictadura’: Alejandro Ordóñez”, Oiga Noticias, 26 October 2016. Marta Lucía Ramírez has called for a Constitutional Assembly to “redefine the functioning of established state organs, such as the presidency, Congress and the Courts”. “Colombia se está adentrando en una crisis de legitimidad institucional”, Ramírez, 22 December 2016.Hide Footnote
Vargas Lleras will be something of a wildcard. Though he keeps a low profile on the peace issue, the influence of his Radical Change party and the extent of his political patronage networks mean he commands many votes. He regards as his main opponent Humberto de la Calle, the most likely Liberal Party candidate, who, as the government’s chief negotiator with the FARC, is a staunch defender of the peace agreement. However, Vargas Lleras and Uribe have a poor relationship, despite certain gestures from the latter that could be interpreted as an invitation to an alliance.[fn]Tatiana Duque, “La estrategia disidente de Vargas”, La Silla Vacía, 28 November 2016; Crisis Group interview, high-level diplomat, Bogotá, 4 November 2016.Hide Footnote A possible outcome is a second round in the presidential election pitting the DCP against Vargas Lleras, with neither candidate strongly for implementing the whole peace agreement.[fn]Crisis Group interview, pro-accord senator, Bogotá, 30 November 2016. Vargas Lleras never had a strong position on the accord; recent information suggests he may oppose. Tatiana Duque, “Así se prepara Vargas Lleras para cuando le llegue su hora”, La Silla Vacía, 15 January 2017.Hide Footnote If he does not reach the second round, Vargas Lleras’s support would likely be decisive for the winner. He currently appears inclined more toward the DCP than pro-peace agreement parties.
Evangelical Christian churches will also be another major player in the run-up to the election. They are believed to have provided between one and two million votes to the “no” camp, and various religious leaders expect to play a central part in 2018.[fn]Natalio Cosoy, “El rol de las iglesias cristianas evangélicas en la victoria del “No” en el plebiscito de Colombia”, BBC Mundo, 5 October 2016; “El voto evangélico, clave en la victoria del ‘no’ en el plebiscito de Colombia”, El País de España, 13 October 2016. There is no way of knowing how many votes the churches provided, though they are widely credited with contributing two million to the “no” campaign. Some church actors did favour “yes”, but they are perceived as a minority.Hide Footnote The Christian “no” vote, however, is not homogeneous. While references to lesbian, gay, bisexual, transgender and intersex (LGBTI) issues in the peace agreement were ripped out of context and used to anger most Evangelical voters, there is less consensus among these Christian communities on other issues, such as justice, the truth commission and land ownership. Some pastors and followers but not all seem interested in political influence.[fn]“Cristianos: ¿el poder decisorio en la política?”, Semana, 29 October 2016; Crisis Group interview, Christian pastor involved in post-plebiscite negotiations, 3 November 2016.Hide Footnote
Crafting coalitions will also be a priority for parties looking to defend the peace agreement. Numerous parties favour peace but by themselves do not provide enough votes to secure a second-round candidacy, as their support is scattered. Creating a pro-agreement alliance would be a step toward assuring that a candidate willing to implement the accord reaches the second round. But such a coalition would feature a wide array of groups that disagree strongly on other issues.[fn]Crisis Group interview, pro-agreement senator, Bogotá, 30 November 2016. For example, Jorge Robledo, Democratic Pole party senator and its possible presidential candidate, favours the accord but strongly opposes the government’s new tax bill, which parties that also support the deal back. “La peor reforma tributaria imaginable: Robledo”, Jorge Robledo, official website, 20 October 2016.Hide Footnote
The pro-agreement coalition would feature the Green Party, a force whose ability to mobilise votes is likely larger than its current representation in Congress; the Liberal and U parties, in which Santos has his roots and currently belongs respectively, and which are unlikely to make it to the second round, having done so in 2014 only because of their alliance with the Radical Change party in the first round; and what remains of the divided, left-leaning Democratic Pole party. Pro-agreement candidates will also have to find the right balance between supporting the accord and distancing themselves from Santos. The tax reform passed toward the end of 2016, which hiked value-added tax by three percentage points, the troubled economic conditions due to declining oil revenues and the president’s unpopularity make it essential that candidates who favour the peace process differentiate themselves from him and his government on other issues.[fn]President Santos’s 60 per cent disapproval rating, “Gallup Colombia Poll #116”, December 2016, is likely to worsen after a very unpopular tax reform in December. In 30 November Bolívar Plaza protests, when the House of Representatives voted on the new peace agreement, some accord protesters also held signs and chanted against the tax reform, believing it was connected to paying for peace and FARC reincorporation.Hide Footnote
Coalitions will also be decisive for forming a majority in Congress.[fn]Eighteen parties are in Congress; five parties competed in the first round of the last presidential election. Regionally-based small parties can amass just enough votes to enter Congress but not enough to be on the presidential ballot. See “Partidos y Bancadas”, Congreso Visible, s.f. “Elección de presidente y vicepresidente – primera vuelta”, Registraduría Nacional de Colombia, s.f.Hide Footnote The plebiscite result suggests the DCP could well increase its Senate representation. In the House of Representatives, however, it may find the going harder. Others tend to have greater regional success, including the Conservative, Liberal and U parties.[fn]Crisis Group interview, political expert, Bogotá, 10 November 2016. In the House of Representatives, the DCP has nineteen seats, six from Antioquia, five from Bogotá and eight from different departments. It has only one governor (Casanare). All but one of 27 Conservative party deputies are from outside Bogotá, as are 36 of 39 Liberals and 35 of 37 U party deputies. See “Elegidos Congreso de la República 2014-2018”, Registraduría Nacional, s.f.Hide Footnote To form congressional majorities, the DCP must count on other parties, making preservation of opposition unity vital for it. Pro-agreement parties will also seek to stay united on the issue to keep their congressional numbers.[fn]Crisis Group interview, opposition negotiator and senator, Bogotá, 30 November 2016.Hide Footnote
If the opposition does take power with a mandate against at least part of the peace agreement, implementation of the most contested areas could end. One option would be to modify laws that were impossible to change when they were originally passed due to the fast-track. Another would be to starve politically and financially key institutions, programs or policies. By underfunding them or undercutting their political importance, it could quickly make the accord an irrelevance.
The government has tried to prevent this by tabling a bill that would oblige future governments to implement the peace agreement, but this could be repealed or ignored after a shift in the balance of power.[fn]“Proyecto de acto legislativo 01 de 2016 senado“, law proposed by Interior Minister Juan Fernando Cristo, 19 December 2016.Hide Footnote Pressure from abroad and vocal parts of Colombian society, however, might make it prohibitively costly to jettison the agreement. In that case, a commitment to continue implementing key parts of the agreement, such as transitional justice and humanitarian mechanisms, and not undo progress on other points, could be a viable goal for renewed dialogue between the government and opposition throughout 2017.
IV. Implementation and its Effect on Political Support
During 2017, congressional and presidential support for the agreement will be strong and stable. But popular support for its implementation is fragile and uncertain beyond the short term, putting full application of the accord at risk. A small window exists during which implementation could decisively shift backing in either direction, depending on success in carrying out fundamental parts of the pact and altering conditions in conflict-affected territories.
A. FARC Concerns
The effect on the FARC of political opposition to the peace agreement is likely to become more pronounced in coming months. Throughout the ceasefire, and particularly since the plebiscite, it has faced the risk of increased internal strains. The ceasefire violation in southern Bolívar is telling: the front operating there was unable to control its fighters or had simply continued extortion. A later expulsion of five mid-level commanders in the eastern plains, including Gentil Duarte, who had been put in charge of the faction of the First Front that supported the peace agreement, shows the strains at that level, whether due to political uncertainty, connections to lucrative illegal economies or both.[fn]Crisis Group interview, Tripartite Mechanism member, Bogotá, 9 November 2016. “FARC-EP separa a 5 mandos de sus filas”, FARC-EP, 16 December 2016. In June 2016, a First Front faction in Guaviare announced it would not be part of the agreement. FARC leadership then selected Duarte, a Central High Command member, to lead the part that still supported the peace accord.Hide Footnote
The political climate fosters one concern above all within the FARC: that the government will not fulfil its part of the accord. While the group, in its tenth conference in September 2016, ratified the whole peace agreement by consensus, the possibility of returning to the battlefield resurfaced in December, when Timochenko reminded fighters they might have to prepare for “plan B”: resumption of war. Such threats could increase if implementation is jeopardised.[fn]Crisis Group interviews, FARC members, Yarí plains, 15-25 September 2016. “Timochenko alerta a la tropa de las Farc: preparemos el plan B”, Las 2 Orillas, 8 December 2016.Hide Footnote
FARC dissidents could cause violence, which would produce a chain reaction on implementation and national political support for the agreement. There have already been reports of First Front violence in Guaviare and Vaupés.[fn]“Defensoría alerta sobre reclutamiento forzado y extorsiones de bloque disidente de las Farc en Vaupés”, El Espectador, 11 November 2016.Hide Footnote Dissidence in the ranks of the Daniel Aldana Front has been confirmed in Tumaco, though it is not clear whether this is related to the peace process or a schism caused by the character of the front (formerly a mobile column). The death of Don Y, a leader of the dissident faction, at the hands of the FARC in November showed how infighting can lead to violence.[fn]“‘Don Y’, el disidente de las Farc que azota a Tumaco”, La Silla Pacífica, 31 October 2016; “Las Farc mataron a ‘Don Y’”, La Silla Pacífica, 16 November 2016. Eduardo Álvarez, “Disidencias de las FARC: ¿Por qué lo hacen? ¿Qué tan peligrosas son?”, Razón Pública, 14 November 2016.Hide Footnote With other armed groups looking to take over Tumaco, home to a dense concentration of coca crops, increased violence there is probable. The removal of five commanders, plus a skirmish between eight dissident members of the 14th front and pro-agreement members of the Teófilo Forero mobile column, provide further examples.
After the weapons handover finishes, the possibility of FARC members returning to violence could grow, through dissidence or individual desertion from the reincorporation program. That program for ex-fighters is notably weak when it comes to a specific approach for mid-level commanders, who are used to handling large sums of money and enjoying political and military power. Many key details of the reincorporation process will only be decided after the census of FARC combatants is finished and Ecomun – the cooperative business the FARC is to run for their reintegration – is created. The political and humanitarian costs of fighters leaving the process to return to violence would be extremely high.[fn]“Lo que tiene que pasar este año para aterrizar los acuerdos”, La Silla Vacía, 10 January 2017. For more on FARC reincorporation, see Crisis Group Report, Colombia’s Final Steps, op. cit.Hide Footnote The already-established National Reincorporation Council and Ecomun will have key roles in keeping fighters involved.
In the immediate future, the first, most critical part of the timetable for both guerrillas and government is the weapons handover to the UN mission.[fn]On D-Day +90, FARC combatants will have to hand over 30 per cent of their weapons; on D-Day +120, another 30 per cent; and on D-Day +150, the remaining 40 per cent. By D-Day +60, the FARC will have had to hand over all light weapons, grenades, munitions and militia arms.Hide Footnote The end of FARC existence as an armed organisation is the crux of the peace agreement and was the government’s principal argument to muster support for quick renegotiation after the plebiscite. Typically, many challenges arise in such processes, including delays, logistical issues and incomplete handover of weapons, and these have already affected FARC concentration. Arms abandonment by the FARC will likely face other problems that the opposition could easily highlight to argue the process is faltering. Discovery of hidden arms, for example, would fuel a wary public’s mistrust. At the same time, lack of medium- and long-term political support for the agreement increases the possibility parts of the FARC will hedge their bets on peace and so risk further undermining public backing.[fn]Crisis Group interview, opposition negotiator, Bogotá, 30 November 2016; Pro-agreement senator, Bogotá, 30 November 2016. For more on the arms handover process, see Crisis Group Report, Colombia’s Final Steps, op. cit.Hide Footnote
A pressing reason for the FARC to prevaricate in this way is the killing of and threats against local social leaders. At least 90 killings and more than 230 threats were recorded in 2016.[fn]Armando Neira, “Asesinatos de líderes sociales, el lunar que deja el 2016”, El Tiempo, 28 December 2016. Eduardo Álvarez, “Quién sigue matando a los líderes sociales en Colombia?”, Razón Pública, 28 November 2016.Hide Footnote It is imperative that the government protect civilians in targeted communities, irrespective of who is doing the killings or whether paramilitaries are behind the wave of violence. If the hypothesis that armed groups moving into new territory and seizing control over illicit economies explains part of the killings, the government must make substantial progress on filling the power vacuum left by the FARC.[fn]Crisis Group interview, high-level diplomat, Bogotá, 28 November 2016.Hide Footnote Until then, the continued killing heightens the risk of fragmentation within the FARC and undermines the perceived benefits of peace locally.
The agreement on security guarantees, for the FARC and other activists and political actors locally, needs to be enforced quickly and effectively. The government should start by strengthening existing individual and collective protection schemes and work with local leaders on steps they can take to mitigate risks. This can be done while the FARC security system is set up during the weapons handover process. Opposition leaders should also increase the frequency and volume of their condemnations of such violence and clearly distinguish their arguments against the peace deal from the actions of violent saboteurs at the local level.[fn]This is not to say there is a connection between the opposition and this violence, but rather that perpetrators might be using opposition arguments to justify their actions.Hide Footnote The international community, already highly concerned by the violence, could raise the international visibility of these attacks by more frequent public condemnations and calls for justice.
B. Planning Successful Implementation
Weapons handover began poorly. Shockingly little had been done to install adequate infrastructure in the cantonment sites, causing delays in the first steps of the process.[fn]“Comunicado Conjunto Nº 10”, GOC and FARC-EP, 28 December 2016.Hide Footnote FARC fighters will gradually move from the pre-grouping sites as the 26 cantonments are finalised. By mid-January, land to house combatants had been rented in only seventeen. Only in two, Putumayo and Policarpa, Nariño, were FARC fighters able to stay and build the facilities they need to live. According to the government, preparation of cantonment infrastructure is moving fast.[fn]“Gobierno acelera el paso para dejar listas las zonas veredales de Farc”, El Tiempo, 10 January 2017; “El 90% de los miembros de las Farc está a 10 km de zonas de desarme”, El Tiempo, 10 January 2017.Hide Footnote A renegotiated protocol has established that delivery of the materials needed to finish construction and the complete concentration of the FARC are to be accomplished by 31 January.[fn]“Acta de acuerdos de trabajo entre el gobierno nacional y las FARC-EP”, GOC and FARC-EP, 17 January 2017.Hide Footnote
While the first three deadlines – FARC concentration, destruction of unstable weapons and transfer of personal and militia-members’ small weapons to the cantonments – were not met, the government has insisted the rest of the handover process will go as scheduled. These targets could easily encounter problems, but it is essential they are met according to the accord’s terms to prevent feeding public mistrust of the group. To avoid this, fighters who arrive first in cantonments could be part of the 30 per cent to hand over their weapons at D-Day +90.
The UN mission and the Tripartite Mechanism to verify and monitor the ceasefire and weapons handover have key roles.[fn]“UN: First 2 Deadlines in Colombia Cease-Fire Can’t Be Met”, The New York Times, 11 January 2017. “‘Ya tenemos 17 zonas arrendadas y 8 en trámite’: Carlos Córdoba”, Semana, 10 January 2017. “Para evitar más muertes, Sergio Jaramillo propone acelerar implementación de acuerdos”, El Espectador, 16 November 2016; “Intervención del Presidente Juan Manuel Santos en el acto de la Firma del Nuevo Acuerdo de Paz con las Farc”, Presidencia, 24 November 2016.Hide Footnote The former has already been engaged in verifying ceasefire violations but has also become entangled to some degree in a few incidents of improper behaviour. Though they were not directly involved, the governor of Antioquia’s accusations that under-age prostitution and heavy drinking by many FARC members in town centres suggested lack of clear information on the ceasefire process. The Tripartite Mechanism later confirmed there was no prostitution but verified a case in which a FARC member violated protocol, leaving the cantonment without permission and drinking and arguing with a civilian in a small hamlet. The governor toured the cantonments after the DCP openly supported him and subsequently backtracked on his original accusations. Still, the Tripartite Mechanism, including the UN mission, in effect became the arbiter between political rivals.[fn]“La pelea entre las FARC y el gobernador de Antioquia”, Semana, 28 December 2016. “Mecanismo de monitoreo y verificación communicado de prensa”, Misión de la ONU en Colombia, 30 December 2016. “Uribe dice estar dispuesto a acompañar al gobernador de Antioquia a sitios de preconcentración”, RCN, 29 December 2016. “Así avanza la polémica revisión de las zonas de concentración en Antioquia“, Semana, 7 January 2016.Hide Footnote
More publicly, images of UN mission staff dancing with FARC members on New Years’ Eve led to an opposition outcry and claims that the mission’s credibility and impartiality had been impaired. The members involved were removed, though some questioned whether the incident had not been overblown.[fn]“Misión de la onu en colombia separa a observadores de su servicio”, Misión de la ONU en Colombia, 5 January 2016. Marta Ruiz, “El episodio de los verificadores: un escándalo desproporcionado”, Semana, 6 January 2017.Hide Footnote
In its first report, which gained limited media and public attention due to the focus on the alleged scandals, the UN mission stated that 280 observers were in the country, with the number to increase to 450 in January, though the civilian component has lagged behind deployment of the military. A balance between the civilian and military parts of the mission is essential, especially in maintaining strong relationships between the mission, local authorities and communities. By 7 December, the mission had also successfully monitored 183 movements of FARC fighters and dealt with 27 requests for verification, only nine of which could be investigated as eighteen were not within its mandate.[fn]“Primer informe de actividades del MM&V”, Mecanismo y Monitoreo y Verificación, 30 December 2016.Hide Footnote
The troubled start to concentration of FARC forces should not obscure the importance of the mission’s role in the future handover of weapons. Complete deployment of personnel across all cantonment sites and regular release of updates to the media beyond its regular reports, with consent of the government and FARC, would help enhance the mission’s effectiveness and public standing, as well as the public’s perception of progress. The mission should also work closely with the government and FARC to push them to follow the weapons handover schedule laid out in the peace agreement, despite early delays.
A robust communications strategy for when the FARC hands over weapons is crucial to gain support for the process. The opposition has not made the early delays the focal point of its complaints, concentrating instead on the relationship between the UN, the government and FARC. Its grievances have been based on mistrust of the guerrillas, which would only be fuelled by an insufficiently transparent weapons handover. To overcome scepticism, the FARC would be well advised to drop its long-held misgivings and allow publication of photos of fighters handing over weapons to the UN mission. Its new media savviness, which has bolstered its poor public image, and its interest in generating political capital suggest it may do so.[fn]Crisis Group interviews, FARC negotiator, Havana, 9 June 2016; high-level diplomat, Bogotá, 28 November 2016. “Nueva estética de las Farc, ¿Estrategia mediática o cambio verdadero?”, Semana, 12 November 2016.Hide Footnote The cost of not doing so could be proliferation of claims that the FARC have held back some weapons.
The handover is due to end six months after D-Day, but the Special Jurisdiction for Peace (SPJ) will not be operating by then. Given that justice was one of most controversial items in the peace accord, opposition scrutiny of the transitional justice system and misgivings about the SPJ will be prominent in the year’s debate. That benefits for FARC fighters, such as amnesties, security measures and reincorporation money will be provided early on, while SPJ sentences will be handed down much later, could create an impression that the FARC is being rewarded without having fulfilled any judicial or truth obligations.[fn]Crisis Group interview, member, international community, Bogotá, 14 December 2016.Hide Footnote As Congressional and presidential campaigns enter their final stretch, the SPJ will likely be hearing its first cases. How it handles them and how the accused behave toward the courts, will surely be closely scrutinised by the opposition and voters.
The FARC should cooperate as much as possible with transitional justice mechanisms, including the SPJ, the truth commission and efforts to find remains of victims of forced disappearance. By proving commitment to fulfilling their obligations even at personal cost, FARC leaders could sway opinions on peace and undercut opposition arguments. Not doing so or using the new judicial mechanisms to defend its war effort, point fingers and/or deny responsibility in high-profile cases would strengthen opinion against the guerrillas and the peace agreement. Members of the Armed Forces must also appear before the SPJ so as not to fuel a perception it is a mechanism aimed only against the FARC and protects state officials.
Public apologies for major war crimes should also remain part of FARC and government approaches to building support for the deal. FARC has apologised for killing eleven deputies in 2007; it should do the same for bombing the Nogal club in Bogotá in 2003. But these should not be public shows of remorse for political purposes.[fn]The public apology in La Chinita for a 1994 massacre had much show and little substance according to an attendee. Crisis Group interview, diplomat, Bogotá, 21 October 2016.Hide Footnote More generally, the focus on and participation of victims in early implementation and other peace activities should remain central, including efforts to find victims of forced disappearance and cooperation with the truth commission. Not doing so would undermine the argument that victims were central to the negotiation and the agreement’s legitimacy. Matters have been made more complicated since the plebiscite by disputes between different opposition and pro-agreement actors over the right to represent victims, a contest that will inevitably continue into the election season.[fn]Opposition actors claimed to speak for FARC victims, including Sofía Gaviria and Herbin Hoyos, as did government and pro-peace agreement leaders.Hide Footnote
The government also needs to continue educational work to create ownership of the accord by local and regional communities, as well as urbanites. Generating that sense would increase the political cost of non-implementation or diluting content. The opposition showed in the plebiscite that connecting the accord to people’s everyday lives, accurately or not, was an effective strategy.[fn]Crisis Group interviews, political activist and university professor, Bogotá, 16 November 2016; opposition negotiator, Bogotá, 30 November 2016. “El No ha sido la campaña más barata y más efectiva de la historia”, La República, 5 October 2016.Hide Footnote Proactive communication to show progress in implementation would be equally important.
A number of other important efforts related to the agreement, especially de-mining, will also be measures of tangible progress. It was recently announced that after 46 devices were destroyed over more than a year, Orejón, in Briceño, Antioquia, no longer has any landmines.[fn]Deicy Johana Pareja M., “El Orejón, la vereda que es ejemplo del desminado humanitario”, El Tiempo, 22 December 2016; “Vereda Orejón, municipio de Briceño (Antioquia)”, Dirección Contra Minas, n.d.Hide Footnote Such efforts, as well as coca crop substitution pilots and other quick-impact projects by different institutions, can help communities feel that peace has brought a major material change in their daily lives and create an expectation of economic and institutional development to come. The 700 projects that the post-conflict ministry recently announced it will begin or carry out in the first 100 days of peace, in addition to its Rapid Response Plan, will be crucial, but there is still a lack of financial and political backing within the government. Adequately managing local communities’ expectations will thus be essential.
Lastly, creation of a space to reinitiate and maintain political dialogue with the opposition on implementation should also be explored. This might begin by inviting “no” leaders to meetings on verification and/or implementation issues and help channel political debate toward serving the stability of the peace process rather than undermining it.[fn]Crisis Group interview, opposition negotiators, Bogotá, 8 and 30 November 2016.Hide Footnote
C. Peace and Other Armed Groups
Implementation of the renegotiated peace agreement faces major challenges at the regional and local levels due to the presence of other armed groups, which will in turn influence national support for the process. Foremost among these groups is the ELN, whose own putative peace process was not aligned with the FARC’s. Negotiations have not begun, though they are scheduled to start on 7 February.[fn]“Fase pública de diálogos con el ELN se inicia el 8 de febrero”, El Espectador, 18 January 2017.Hide Footnote Trying to implement the FARC accord where the ELN is active poses acute dilemmas.
ELN violence will affect the government’s ability to implement the peace, especially as the group is expanding its presence and still operates in many priority conflict-affected areas, such as Catatumbo and Arauca (both on the Venezuelan border), as well as Cauca, Nariño and Chocó. Even aspects of the deal that have broad support are affected by the ELN presence, as shown in the Santa Rosa del Sur incident.[fn]“Tripartite Mechanism Communiqué: Government of Colombia and FARC-EP violated ceasefire in south Bolívar incident”, Tripartite Mechanism, 30 November 2016. The FARC fighters involved in the incident had presented themselves as ELN combatants, leading the army to attack them in the belief it would not be violating the ceasefire.Hide Footnote Establishing an effective state presence where control is still contested by armed groups will be costly in lives and resources. The integrity of peace with the FARC will also be at stake in areas where little is likely to change in terms of violence, such as Arauca, Cauca and Catatumbo.[fn]Some recent murders in Cauca, where killings have increased, have been attributed to the ELN. “Tres hombres asesinados en zona rural de Silvia, en el norte del Cauca”, El Tiempo, 20 September 2016. The ELN has also been accused of “killing communists” in Arauca. Carlos A. Lozano Guillén, “Mirador: Carta a Gabino (I)”, Periódico Voz, 2 September 2016.Hide Footnote The situation is aggravated where the FARC and ELN have made agreed or coordinated a transfer of territorial control, such as Cauca and Nariño.[fn]Crisis Group interviews, high-level diplomat, Bogotá, 2 August 2016; government official, Bogotà, 9 December 2016.Hide Footnote
Effective implementation of the FARC accord is also important to convince the ELN it can trust the government to fulfil agreements it signs with insurgents. After the plebiscite, the group internally questioned the merits of trusting the government to deliver on its promises, exacerbating mutual wariness that in any case has tended to be worse than what existed between government and FARC at the start of their negotiation.[fn]During secret government-FARC talks, the latter concluded that Santos was serious about peace. The ELN, years later and during talks to define a negotiation agenda, argued that Santos represented the same old political elite. This, for some in the ELN, has led to a view that negotiations with the government are the correct path, but not now. See Víctor de Currea-Lugo, “Eln dice estar listo para la paz, entrevista con Antonio García”, El Espectador, 9 December 2016. Crisis Group interview, ELN experts, Bogotá, 3 October 2016; Yarí plains, 23 September 2016.Hide Footnote Any further deterioration in ELN confidence in the state would imperil the possibility of a peace accord with it in the near future. It would also be calamitous with regard to public support if ELN presence became a reason for failure to implement the FARC agreement, which in turn would lead the ELN to continue to mistrust the government’s ability to deliver on peace.
Other armed groups, such as neo-paramilitaries and the remnants of the Popular Liberation Army (EPL) will also create difficulties for implementation on a local level.[fn]This report uses the term “neo-paramilitary” instead of criminal bands or Bacrim, per Soledad Granada, Jorge A. Restrepo and Alonso Tobón García, “Neoparamilitarismo en Colombia: una herramienta conceptual para la interpretación de dinámicas recientes del conflicto armado colombiano”, in Restrepo and David Aponte (eds.), Guerra y violencias en Colombia Herramientas e interpretaciones (Bogotá, 2009), pp. 467-499. The Libardo Mora Toro front, the remains of the EPL, operates in the Catatumbo region. It is the only dissident front from the 1991 EPL peace process that still exists.Hide Footnote Both have been moving into areas of former FARC control for some time and will continue to do so unless stronger judicial, political and law-enforcement action is taken against them. Colombia is witnessing a resurgence in coca cultivation, and crop substitution programs designed by the peace accord will take time to have an effect.[fn]According to the UN Office on Drugs and Crime (UNODC), coca cultivation in 2015 increased by almost 40 per cent, to 96,000 hectares. “Colombia: Monitoreo de territorios afectados por cultivos ilícitos 2015”, UNODC, July 2016.Hide Footnote If other armed groups take control of areas with illicit crops before the state can, they could directly stimulate new dynamics of violence and influence the success or failure of crop substitution.
Many social movements believe the neo-paramilitaries – mainly the Gaitán Self-defence Forces (AGC) – are behind the recent increase in killings of local activists, whether for political or economic reasons.[fn]The AGC, also known as the Gulf Cartel, Úsuga Clan or Urabeños, was created and became heavily involved in drug trafficking after the paramilitary demobilisations that ended in 2006.Hide Footnote Evidence for this is patchy, however, and there does not appear to be one specific phenomenon or organisation responsible.[fn]Some interpret the killings as done by paramilitaries under the direct influence of high-level political opposition, though there has been no evidence connecting the two. See Oto Higuita, “¿Por qué están asesinando a los voceros e integrantes del Marcha Patriótica?”, Prensa Rural, 2 December 2016. “¿Quién está ordenando matar a los líderes sociales en Colombia?”, El Colombiano, 27 November 2016. Eduardo González, “¿Quién sigue matando a los líderes sociales en Colombia?”, Razón Pública, 28 November 2016. Crisis Group telephone interview, high-level diplomat, 28 November 2016.Hide Footnote The ELN is behind some killings, as in Arauca; local armed groups connected to local political elites play roles in others, such as in Urabá; and in yet other areas, such as Caguán, the possible arrival of new armed groups might be the main factor.[fn]Crisis Group interviews, government official, Bogotá, 2 December 2016; political analyst, Bogotá, 9 Jul 2016; high-level diplomat, Bogotá, 28 November 2016. Eduardo González, “¿Quién sigue matando a los líderes sociales en Colombia?”, Razón Pública, 28 November 2016.Hide Footnote Even so, the sense that political violence is on the rise makes implementation more difficult, not only because of its effect on FARC’s transition to civilian life, but also because community leaders may come to see participation in peace mechanisms as personally risky.[fn]This is already a risk, as the renegotiated accord weakens community participation. Juanita León, “La gran diferencia entre el Acuerdo I y el Acuerdo II”, La Silla Vacía, 15 November 2016.Hide Footnote
While the agreement includes various initiatives aimed against these groups, including the new investigative unit in the attorney general’s office, and calls for international support to the initiatives, these will be necessary but likely insufficient to constrain new patterns of coercion on the ground. A clear risk exists that implementation of the peace agreement could lead to greater violence in certain areas if the state does not move quickly enough to protect local populations and also to combat neo-paramilitary groups.
There are various explanations for the prospect of a spike in criminal and political violence once the peace accord gets underway. First, armed groups could clash over control of areas the FARC leave, as has occurred between the ELN and AGC. These will be areas with strong illegal economies, trafficking routes and militarily strategic points, such as Tumaco, Chocó and the Nudo de Paramillo, for example. Other reasons are more political. While some concerns of local land-holding elites regarding rural reform aspects were addressed in the new accord, others remain and have led some of those landholders to reject the renegotiated deal.[fn]Crisis Group interview, government official, Bogotá, 9 December 2016.Hide Footnote If the relationship between some of these elites and illegal armed groups and/or actors stays in place but is targeted toward the accord’s land distribution terms, violence could well increase, including in areas traditionally vulnerable to land conflict such as Urabá.[fn]James Bargent, “BACRIM Vuelve a sus Raíces Paramilitares en la Lucha por la Tierra en Colombia”, Insight Crime, 19 July 2013.Hide Footnote
Another possible source of violence prompted by the peace accord’s implementation is continuation of attacks against social leaders due to the perceived imminent opening of the political system regionally and locally, including the sixteen special circumscriptions in Congress for conflict-affected areas.[fn]The peace agreement creates sixteen special constituencies in Congress so that conflict-affected regions can have a stronger voice in legislation and policymaking. The idea is that those who run for these seats not be part of established political parties (including that to be established by the FARC), represent isolated regions and give a voice to victims. See “Acuerdo final para la terminación del conflicto y la construcción de una paz estable y duradera”, GOC and FARC-EP, 24 November 2016, p. 54.Hide Footnote Such local, conservatively-minded political violence has history in Colombia and explains how the paramilitaries gained so much power in the 1980s and 1990s.[fn]Mauricio Romero, Paramilitares y Autodefensas (1982-2003), IEPRI (Bogotá, 2003).Hide Footnote A spike of violence in this spirit would be qualitatively similar to that against the Patriotic Union (UP) in those decades, though it is very unlikely to reach the same level. Too many international actors are already concerned and attentive, thus raising its cost.
D. Institution Building
Violence and security on the ground are not the only issues that could dent political support for the agreement in 2017. Much of the problem for smooth implementation stems from the institutions meant to manage the war-peace transition. Some national-level ones barely exist beyond paper, with little staff or capacity to execute budgets or projects: these include the National Land Agency, the Territorial Renovation Agency and the Agency for Rural Development.[fn]Crisis Group telephone interview, high-level diplomat, Bogotá, 28 November 2016.Hide Footnote If unable to execute on the ground, the state will risk losing the chance to gain local legitimacy. Since they are coming into existence at a time of tight caps on public spending, their financial and political support is also very fragile, especially given the current and historical resistance to rural reform. Facing the threat of being starved of resources or steered toward invisibility over time, as has happened with previous rural-focused institutions, they badly need an injection of high-level support, money and staff.[fn]For a quick review of land reform and institutional issue literature, see La política de reforma agraria y tierras en Colombia Esbozo de una memoria institucional, Centro Nacional de Memoria Histórica (Bogotá, 2013).Hide Footnote
Institutional fragmentation at different levels poses additional dilemmas. Political pressure to combat increasing coca cultivation has led various state actors to adopt rival strategies, some of which could be contrary to the accord’s spirit. This risk will grow if the opposition comes to power in 2018. Local political actors also have insufficient institutional and technical capacity to implement many parts of the agreement, and in some cases, their willingness will be fragile, unless they feel they can obtain financial resources for their regions.[fn]Crisis Group interview, political analyst, Bogotá, 3 December 2016.Hide Footnote
The Rapid Response Plan (RRP), designed by the post-conflict ministry (MPC) but to be implemented with and by various other institutions, needs both political and financial support. The friction between implementing institutions, the MPC and the High Commissioner for Peace’s Office remains a problem, as some institutions feel the latter two overstep their bounds and are too influential. Lack of a clear transition from the RRP to implementation of longer-term aspects of the peace agreement also raises broader concerns.[fn]Crisis Group interviews, government official, Bogotá, 9 December 2016; political analyst, Bogotá, 2 December 2016.Hide Footnote Stronger leadership from above, complemented by international community pressure, is needed.
V. A Role for the International Community
The international community has focused on supporting the peace process and ensuring it concludes with a feasible, robust agreement. It has done so by providing economic resources for state institutions and civil society actors working on peace issues; political backing for the process; delegates from the guarantor and accompanying nations and special envoys from the U.S., European Union and Germany; and technical support on implementation issues, such as support for local justice mechanisms and formalisation of land titles. Such backing remains essential.
A. Implementation and Political Support
In the current political context, a quick start to implementation, with early victories, is ever more required. Though the plebiscite suggested that high-level international support was less effective than anticipated, the delegates and envoys who aided the negotiations should continue to press for the agreement to be carried out. Not only could they be helpful in resolving disputes and influencing the government and FARC, but they will also be able to highlight the broad foreign commitment to peace in Colombia.[fn]The U.S. special envoy to the peace talks, Bernie Aronson, no longer plays this role, and no replacement is in sight. The U.S. Secretary of State nominee, Rex Tillerson, stated in a written response to questions as part of his confirmation process, that the U.S. would have to “review” the new peace agreement to determine which parts it would support. “Trump’s state nominee raises doubts on Colombia peace pact”, The Washington Post, 22 January 2017.Hide Footnote The rural reform pact in particular will face political resistance on different levels, and the international community can play a vital role in raising the cost of obstructing or ignoring it. Financial aid and pushing the government to get key institutions functioning would be major contributions.
International support can also influence FARC decisions, especially if an opposition government proposes changes to, rejects or is unwilling to implement parts of the accord. Given the group’s concerns with full implementation, a change in government could undermine its commitment to peace, leading to fragmentation as some of the organisation return to organised violence. Pressing the FARC to maintain its commitment to peace will be vital. Here the second UN mission, requested in the peace accord to monitor FARC political participation, reincorporation and security guarantees, will have a vital role in maintaining trust between the guerrillas and government. It will also be politically contentious, as its mandate covers the most controversial issue in the new agreement, namely the FARC’s participation in politics. It will need to be functioning quite soon in order to respond to its mandate; early preparation to take advantage of the period before its mandate begins is essential.
Financial aid will also be vital, especially beyond 2017. Colombia is currently unable to fully afford its post-conflict pledges, something that the international community has committed to make good. In the longer term, financial support might help persuade a new government to honour disputed aspects of the accord. Partners could also work directly with local governments, providing financial and technical assistance and ensuring that political differences between local, regional and national levels do not impede implementation.[fn]Crisis Group interview, political analyst, Bogotá, 3 December 2016.Hide Footnote Finally, international non-state actors will also need funding, such as the UN High Commissioners for Refugees and Human Rights, among others, who have important post-conflict roles on displacement, border issues and violence, all risks to a successful transition from war to peace.
B. The Special Issue of Drugs
It is unlikely that a decrease in coca cultivation resulting from application of the peace agreement will occur before 2018. New programs need time and will be largely emasculated if support wavers. Recent coca production increases have made the drug issue important again to preventing violence, but also politically critical. The opposition points to rising hectarage to argue that drug policy is not working due to concessions made to the FARC, including prohibition of aerial fumigation. Drug policy also is a source of tension within the government and between Bogotá and local communities.[fn]“Procurador colombiano acusa a Santos de proteger cultivos de las FARC”, El Nuevo Heraldo, 18 April 2016; “Uribe considera que fin de aspersiones con glifosato es exigencia de las Farc”, El Nuevo Heraldo, 10 May 2015. Between July and September 2016, protests by coca growers, mainly in Putumayo, lasted 39 days, as peasants rejected the use of fumigation chemicals applied on the ground during manual eradication. Peasants in Putumayo also have voiced concerns over drug policy and implementation of the peace agreements on crop substitution. See “Razones del paro cocalero en Putumayo”, El Espectador, 19 August 2016; “Levantan protesta cocalera en Putumayo”, El País de Cali, 7 September 2016; Crisis Group interviews, local leaders and coca growers, 20-24 March 2016. Within the government, new Attorney General Néstor Martínez has called for fumigation to be reinstated but with new chemicals. “Fiscal pide volver a la fumigación aérea contra los cultivos ilícitos”, El Tiempo, 4 September 2016.Hide Footnote When published this year, cultivation data will show another increase in 2016, before crop substitution programs derived from the peace deal begin. This may increase calls for traditional policy, including forced eradication. The government plan to substitute and forcefully eradicate 50,000 hectares each in 2017 is probably unreachable and will also create serious tensions on the ground. The forced eradication will also produce unnecessary tension with the FARC and close the state’s window to gain legitimacy in areas highly affected by coca cultivation.
The international community, especially the U.S., should give the agreement on illicit drugs a chance to prove itself and not expect immediate decreases in illicit crop cultivation. The focus should instead be on strengthening interdiction within and outside Colombia and supporting the rapid and effective implementation of the relevant points of the peace agreement. Prioritising such implementation over national and international political interests related to traditional counter-narcotics policy will be critical, not least because returning to costly forced manual eradication, the results of which are easily reversible, is no guarantee of success.
VI. Conclusion
Colombia has signed and ratified the peace agreement, and the whole of the FARC will soon be in cantonment sites, where they will hand over their weapons and begin transition to civilian life. While this is cause for celebration, how peace was signed and approved was highly controversial, and the agreement appears to lack broad, stable, sustainable political support. Implementation is threatened on several fronts, and with a united and strengthened opposition, the future looks somewhat bleak for pro-agreement leaders. The peace deal is likely to be a target for multiple grievances in the 2018 presidential election, which may produce a result not unlike that of the 2 October 2016 plebiscite.
Substantial and rapid progress on implementing crucial aspects of the agreement is needed in 2017 to shift the balance in favour of the accord. The difficult national and local contexts – a financial shortfall, a stuttering peace process with the ELN, weak institutions and internal government rivalries and high levels of targeted killings in rural areas – mean implementation faces concrete threats that have been partly aggravated by political disputes over the peace agreement. If efforts to apply the accord do not overcome these initial hurdles, parts of it may be condemned to failure before they have a chance to succeed. If that happens, FARC commitment to peace, the possibility of a similar negotiation with the ELN and prospects for addressing the root issues in the long armed conflict will all be in doubt. The immediate political battle to finalise the agreement has been won, but it is premature to declare victory for peace.
Map of Colombia AB Carto/International Crisis Group
Briefing / Asia
Commentary / Global
10 Conflicts to Watch in 2021
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People wait to cast their vote at a polling station in Naypyidaw on 8 November, 2020. Thet Aung / AFP
Briefing 164 / Asia 23 December 2020
An informal ceasefire has created the best opportunity in two years to curb fighting between Myanmar and the Arakan Army, the ethnic Rakhine rebels in the country’s north. To seize it, all three of the military, civilian government and insurgency need to make significant concessions.
What’s new? Following vote cancellations in conflict-affected areas of Rakhine state during the 8 November general election, Japan has helped broker an informal ceasefire between Myanmar’s military and the Arakan Army in order to hold supplementary elections. Both sides say they are in favour, but the civilian government is reluctant.
Why does it matter? The initiative has halted almost two years of intense fighting and enabled dialogue to resume for the first time since December 2019. Negotiations over elections could be a stepping stone to a formal ceasefire, but the process remains fragile, particularly without civilian government buy-in.
What should be done? The Arakan Army should release three National League for Democracy candidates it has detained. The civilian government should support elections and – if the Arakan Army lets the captives go – drop its designation as a terrorist organisation. The Tatmadaw should stop insisting that the Arakan Army leave Rakhine under a ceasefire.
Negotiations between Myanmar’s military and the Arakan Army in the wake of the 8 November general election have created the best opportunity in two years to scale back fighting in Rakhine state. The Japan-brokered talks, which are aimed at holding supplementary elections by late January 2021 in Rakhine constituencies where the electoral commission cancelled voting on security grounds, have temporarily halted fighting, enabled tens of thousands of displaced people to return home and brought the sides back to the negotiating table. Holding elections within such a limited timeframe will be a major challenge, however, requiring political will from not only the military and Arakan Army, but also the National League for Democracy (NLD) government, which has so far been reluctant. But elections should not be seen as make or break: even if voting cannot happen in January, there is an opportunity to build on dialogue and reach a formal ceasefire in Myanmar’s worst conflict in decades. To seize it, all three of the military, government and Arakan Army will need to make significant concessions.
The general election delivered a landslide victory for the NLD, which now has an even stronger parliamentary majority for its second term. In war-torn Rakhine state, however, close to three quarters of voters did not get to cast their ballots after the Union Election Commission (a government-appointed body) cancelled voting in many townships on security grounds. In the days after the election, Japan’s special envoy to Myanmar, Yohei Sasakawa, engineered a surprise diplomatic breakthrough, with the Arakan Army and the military issuing choreographed statements within hours of each other calling for elections to be held in areas where they had been cancelled. Most importantly, these statements marked the beginning of a de facto ceasefire between the two groups that has held since.
In the days after the election, Japan’s special envoy to Myanmar, Yohei Sasakawa, engineered a surprise diplomatic breakthrough.
Both the Myanmar military, known as the Tatmadaw, and the Arakan Army, an armed group formed in 2009 that is made up predominantly of Rakhine Buddhists, have reasons to pause their combat. After two years of intense fighting, the ceasefire offers welcome respite for their forces. But both also have political goals: a few months away from retirement, Tatmadaw Commander-in-Chief Min Aung Hlaing has his eyes on his political future, while the Arakan Army leadership wants to enhance its legitimacy and consolidate its gains through negotiations.
The elections have thus been a useful device for resuming talks – a prospect that previously seemed out of reach due to the government’s designation of the Arakan Army as a terrorist organisation in March and the insurgents’ abduction of three NLD candidates in October. Yet organising elections by the end of January will prove extremely challenging, both logistically and politically. The main obstacle is the civilian government, which trusts neither the Tatmadaw nor the Arakan Army and is wary of handing either group what could be perceived as a political victory so soon after its own election win. If elections are to happen in time, the military and the insurgents will have to convince the government that the vote is in its interests, too.
Regardless of whether voting goes ahead, the present situation has created a vital space for dialogue. The face-to-face meeting between the Tatmadaw and Arakan Army in early December was an important symbolic step, especially given the group’s terrorist designation. Fortuitously, this step comes at a time when the freshly re-elected NLD government is looking to reinvigorate the national peace process after a disappointing first term in which it made little progress. In the election’s aftermath, it has floated the idea of a national unity government and begun to engage with the Tatmadaw’s newly formed peace process negotiating team. Given the Arakan Army’s alliances with armed groups that are not party to the Nationwide Ceasefire Agreement, and the fact that the conflict in Rakhine is by far the country’s deadliest, the trajectory of the entire peace process hinges largely on whether the military and the government can reach a bilateral ceasefire with this particular armed group.
The face-to-face meeting between the Tatmadaw and Arakan Army in early December was an important symbolic step.
The present opening remains fragile and fraught with risk. The personal enmity between State Counsellor Aung San Suu Kyi and Min Aung Hlaing is likely to make progress difficult, particularly given the uncertainty over the commander’s political future. The NLD’s landslide win in the November election also complicates negotiations, as some on the party’s Central Executive Committee believe their emphatic victory means there is little need to make concessions to either the military or ethnic minorities like the Rakhine.
To make the most of this opportunity and pull Rakhine state back from the brink:
The Arakan Army and Tatmadaw should be realistic in their demands around the holding of elections – it seems overly ambitious, for example, to push for the vote to be held in all nine townships in their entirety.
The NLD government should put aside political considerations and help ensure that elections take place in at least some locations – provided they can be held safely – in order to improve prospects for a ceasefire. It should also continue its initial coordination with the new military negotiating team on the future of the peace process, particularly regarding talks with the Arakan Army.
To build trust with the civilian government, the Tatmadaw should drop its investigation into the integrity of the November election and stop publicly criticising the Union Election Commission.
As a show of good-will and to give greater credibility to its commitment to support the polls, the Arakan Army should release the three NLD candidates it abducted in mid-October. The government and military could reciprocate by removing the group from its list of terrorist organisations, in order to support peace negotiations with both the Arakan Army and other ethnic armed groups.
As negotiations progress, the Tatmadaw should relax its previous insistence that the Arakan Army leave Rakhine state under any bilateral ceasefire deal – a demand that would jeopardise any prospects for a peaceful solution.
II. An Election Opening
The conflict between the Tatmadaw and the Arakan Army in Rakhine and southern Chin states is the most violent and intense Myanmar has experienced in decades.[fn]For Crisis Group reporting on Rakhine state since the 2015 elections, see Asia Reports N°s 307, An Avoidable War: Politics and Armed Conflict in Myanmar’s Rakhine State, 9 June 2020; 303, A Sustainable Policy for Rohingya Refugees in Bangladesh, 27 December 2019; 296, The Long Haul Ahead for Myanmar’s Rohingya Refugee Crisis, 16 May 2018; 292, Myanmar’s Rohingya Crisis Enters a Dangerous New Phase, 7 December 2017; 290, Buddhism and State Power in Myanmar, 5 September 2017; and 283, Myanmar: A New Muslim Insurgency in Rakhine State, 15 December 2016; Asia Briefings N°s 155, Building a Better Future for Rohingya Refugees in Bangladesh, 25 April 2019; 154, A New Dimension of Violence in Myanmar’s Rakhine State, 24 January 2019; 153, Bangladesh-Myanmar: The Danger of Forced Rohingya Repatriation, 12 November 2018; and Richard Horsey, “Myanmar at the International Court of Justice”, Crisis Group Commentary, 10 December 2019.Hide Footnote Strong support among ethnic Rakhine residents for the group’s vision of a highly autonomous “confederal” state has enabled it to fight an effective hit-and-run insurgency, inflicting heavy casualties on the military.[fn]The Myanmar Institute for Peace and Security estimates that between 934 and 1,711 combatants were killed in 2019 alone. See “Annual Peace and Security Review 2020”, Myanmar Institute for Peace and Security, 7 July 2020, p. 12.Hide Footnote Although the Arakan Army has been unable to seize military outposts, it has dismantled government administration in much of central and northern Rakhine, leaving large areas under its nominal control. In response, the Tatmadaw has waged a typically brutal counter-insurgency campaign – with civilian government support – that has resulted in hundreds of civilian deaths, the displacement of an estimated 230,000 people and numerous arrests of civilians on suspicion of links to the Arakan Army.[fn]“Five Rohingya killed in shooting incidents in Myanmar’s Rakhine state”, Radio Free Asia, 6 October 2020.Hide Footnote
The conflict between the Tatmadaw and the Arakan Army in Rakhine and southern Chin states is the most violent and intense Myanmar has experienced in decades.
For most of the past two years, a negotiated solution has seemed out of reach. Throughout 2019, the Myanmar government and military engaged in stop-start bilateral ceasefire talks with the Arakan Army, but the military’s insistence that the group abandon Rakhine state and return to its base in northern Myanmar meant that these negotiations were doomed to fail.[fn]The negotiations with the Arakan Army also included its three partners in the Northern Alliance: the Kachin Independence Organisation, the Ta’ang National Liberation Army and the Myanmar National Democratic Alliance Army. This grouping should not be confused with the Brotherhood Alliance, which does not include the Kachin Independence Organisation. For more on the negotiations, see Crisis Group Asia Briefing N°158, Myanmar: A Violent Push to Shake Up Ceasefire Negotiations, 24 September 2019.Hide Footnote In March 2020, prospects for dialogue were further diminished when the government formally designated the group a terrorist organisation under the Counter-Terrorism Law. The government took this decision primarily to isolate the Arakan Army from Myanmar’s other ethnic armed groups. The Arakan Army was subsequently excluded from the Tatmadaw’s unilateral COVID-19 ceasefire and not invited to the Panglong-21 peace conference in August.[fn]See Crisis Group Report, An Avoidable War, op. cit.; and “What does the Panglong conference mean for the peace process?”, Frontier Myanmar, 17 August 2020.Hide Footnote
A. Election Cancellations
Against this backdrop, the practical challenges of holding the 8 November general election in Rakhine state were daunting.[fn]For more on Myanmar’s 2020 election, see Crisis Group Asia Briefing N°163, Majority Rules in Myanmar’s Second Democratic Election, 22 October 2020; and Richard Horsey, “Another Landslide Victory for Aung San Suu Kyi’s Party in Myanmar – But at What Cost?”, Crisis Group Commentary, 12 November 2020.Hide Footnote The Union Election Commission normally relies on government administrators to organise voting at the local level, but in many areas these posts were now empty. Election commission officials also felt unsafe venturing outside towns, for fear of insurgent attacks. Meanwhile, lockdown measures to combat the spread of COVID-19 and a government-ordered mobile internet blackout made it almost impossible for candidates to campaign.[fn]The government first ordered mobile operators to halt internet service in nine of Rakhine’s townships in June 2019. The ban was later partially lifted and then reimposed in February 2020. See “‘Having to run with your legs tied’: Rakhine parties cry foul over election curbs”, Frontier Myanmar, 25 September 2020.Hide Footnote
The Arakan Army’s position on the election was also murky. The group has informal links to Rakhine’s dominant political party, the Arakan National Party (ANP), but refrained from issuing a clear statement of support ahead of the vote. Then, on 14 October, its members abducted three National League for Democracy candidates in southern Rakhine state’s Taungup township. It later described them as “traitors” to the Rakhine cause and demanded the release of Arakan Army supporters in custody in exchange for their safe return – something the government has so far refused to consider.[fn]“Statement No. 39/2020”, United League of Arakan/Arakan Army, 19 October 2020. Available in English at arakanarmy.net. See tweet by the Arakan Army, @Arakanarmy1army, 7:40am, 19 October 2020.Hide Footnote
It came as little surprise, then, when the Union Election Commission announced on 16 October that voting would be cancelled in much of central and northern Rakhine on security grounds.[fn]The commission cancelled voting entirely in nine of Rakhine’s seventeen townships and confined it mostly to urban areas in three others. Similarly, in southern Chin state’s Paletwa township it cancelled voting in nearly all rural areas.Hide Footnote The extent of cancellations was unexpected, however: close to three quarters of the state’s eligible voters were disenfranchised. The lack of transparency about the decision prompted accusations of bias as the cancellations were concentrated in areas in which the ANP had been expected to perform well. It also added to perceptions that the commission, nominally an independent body, was under the NLD’s influence. Domestic and foreign analysts warned that depriving the ANP of a strong voice in parliament would only strengthen support for the insurgency.[fn]See, for example, “Election cancellations in Rakhine could signal trouble for Myanmar”, U.S. Institute of Peace, 5 November 2020; and “In Rakhine, cancellations leave little space for political compromise”, Frontier Myanmar, 2 November 2020.Hide Footnote As the 8 November vote included both national and regional legislatures, the cancellations resulted not only in the NLD mustering an even larger majority in the national parliament, but also in the ANP failing to secure an absolute majority in the Rakhine state assembly.[fn]In a sign of its growing popularity, the ANP still managed to win several seats previously held by the NLD. “Rakhine parties fall just short of majority in the Rakhine state Hluttaw”, Frontier Myanmar, 9 November 2020.Hide Footnote
B. Japan’s Diplomatic Breakthrough
Four days after the election, the Arakan Army and Tatmadaw both issued surprise statements calling for elections to be held in areas of Rakhine state where voting had been cancelled. The Arakan Army and its political wing, the United League of Arakan, moved first, declaring a “sincere desire” that elections be held by 31 December “in order that the people do not lose their rights” and saying it would work with the government so the vote could go ahead.[fn]“Statement No. 41/2020”, United League of Arakan/Arakan Army, 12 November 2020. Available in English at arakanarmy.net. See tweet by the Arakan Army, @Arakanarmy1army, 11:32pm, 12 November 2020.Hide Footnote The Tatmadaw responded within hours, welcoming the group’s statement and offering its cooperation in organising the vote.[fn]“Statement on Ceasefire and Eternal Peace”, Office of the Commander-in-Chief of the Defence Services, 12 November 2020.Hide Footnote Significantly, neither statement contained the incendiary language that had previously been the norm when referring to the adversary.
More importantly, the statements marked the beginning of an informal or de facto ceasefire that has held through November and up to press time on 21 December – the first month without a single clash since mid-2018; in comparison, 49 clashes were reported in October alone.[fn]“Annual Peace and Security Review 2020”, op. cit., p. 44.Hide Footnote The lull in fighting has already enabled thousands of families displaced by conflict to return home. One civil society organisation that assists displaced people, the Rakhine Ethnics Congress, has put the number of returnees at more than 75,000.[fn]Rakhine Ethnics Congress, 3 December 2020. The Congress posted detailed figures on its Facebook page.Hide Footnote This number should however be treated with great caution, not least because many have gone home to harvest their paddy and it is unclear whether they intend to stay.[fn]Crisis Group interview, researcher on Rakhine State, December 2020.Hide Footnote
In late November, it emerged that the Japanese government’s special envoy for national reconciliation in Myanmar, Yohei Sasakawa, had been a key intermediary between the military and Arakan Army. He arrived in Myanmar in late October to observe voting in the general election, meeting Commander-in-Chief Min Aung Hlaing, Union Election Commission chief Hla Thein and senior government officials in the days before the vote. On 10 November, he was the first foreign government representative to meet State Counsellor Aung San Suu Kyi following her party’s victory; they discussed the peace process. The detente between the Tatmadaw and Arakan Army was arranged in the days before and after the election, leading to the statements of 12 November.[fn]Crisis Group interviews, diplomats and source involved in the peace process, December 2020.Hide Footnote
The Japanese embassy in Yangon went public about Sasakawa’s role on 21 November, confirming that he had coordinated the release of the Arakan Army and Tatmadaw statements.[fn]“No change in our commitment to support Myanmar’s economic development: Japanese ambassador”, The Irrawaddy, 21 November 2020.Hide Footnote When the special envoy returned to Myanmar on 25 November, the military arranged a trip to Rakhine state for him, so that he could speak to local stakeholders, including the ANP, and assess the security situation.[fn]Sasakawa documented his visits to Myanmar in October and November 2020 in some detail on his personal blog.Hide Footnote The Tatmadaw and Arakan Army also held direct talks on 25 November, with a 30-minute online meeting during which they reportedly covered the holding of elections, the potential resumption of ceasefire negotiations and plans for in-person discussions.[fn]“Statement”, United League of Arakan/Arakan Army, 2 December 2020 (Burmese).Hide Footnote
C. Competing Interests
The trust in Yohei Sasakawa from both sides appears to have been a decisive factor in bringing the Arakan Army and Tatmadaw to the table. The Japanese envoy has had a long relationship with Myanmar’s conflict actors: he has engaged with the military for many years through development organisations such as the Sasakawa Peace Foundation and Nippon Foundation, and he has worked with the country’s ethnic armed groups – including the Arakan Army – for much of the past decade.[fn]Crisis Group interview, political analyst, December 2020.Hide Footnote As a country, Japan also occupies a unique position in Myanmar, in that it is a major international partner, has no direct interest in the Rakhine state conflict and has also been relatively muted in its criticism of Myanmar following the 2017 Rohingya crisis.
The trust in Yohei Sasakawa from both sides appears to have been a decisive factor in bringing the Arakan Army and Tatmadaw to the table.
Min Aung Hlaing likely has other reasons for accepting Japan as an intermediary. Given its historical proximity to the Tatmadaw and its influence over many of Myanmar’s ethnic armed groups, including the Arakan Army, China would have seemed the natural mediator. But the commander-in-chief is explicit about his discontent with Beijing, whom he accuses of doing little to prevent Chinese weapons from ending up in the Arakan Army’s hands.[fn]For a more detailed account, see Crisis Group Asia Report N°305, Commerce and Conflict: Navigating Myanmar’s China Relationship, 30 March 2020. For a recent example, see “Myanmar Armed forces chief allege ‘strong forces’ behind terrorism in country”, Economic Times, 1 July 2020.Hide Footnote He would know that Beijing would view Japan’s role with concern and suspicion. “The Tatmadaw sees Japan as a trusted partner that would be able to mediate the talks. In contrast, it doesn’t see China as a neutral player in the conflict”, said one researcher on Rakhine state.[fn]Crisis Group interview, researcher on Rakhine state, December 2020.Hide Footnote The Japanese push for talks was also well timed. Whatever the envoy’s personal relationships and the commander-in-chief’s geopolitical calculations, it is unlikely that either side would have engaged so readily were it not for factors encouraging both to take a more conciliatory approach, though for different reasons. The cancelled elections were an opportunity to surmount the last barriers to dialogue.
For the Arakan Army, a successful vote would be a welcome concrete outcome to present to its supporters after two years of a conflict that has taken a heavy toll on Rakhine civilians. The group has long promoted an #ArakanDream2020 campaign on social media, suggesting that 2020 would be the year for the “liberation and the restoration of Arakan sovereignty”. While those prospects remain distant, negotiations with the military, government and Union Election Commission are an expression of its growing power. These talks confer legitimacy on the Arakan Army, boost its image as a political actor in Rakhine state and repair some of the damage to its standing done by the terrorist designation.
From a military perspective, the initiative offered the insurgents a potential pathway to ceasefire negotiations without having to make significant concessions. It also came at a time when momentum on the battlefield was increasingly shifting in the Tatmadaw’s favour, due to its superior firepower and COVID-19’s impact on Arakan Army operations. The insurgency is by no means facing defeat – it has de facto control over much of central and northern Rakhine, particularly rural areas, and can still depend on strong grassroots support – but it lacks the capacity to dislodge the Tatmadaw.[fn]COVID-19 travel restrictions have complicated Arakan Army operations in a range of ways, not least because the group is still headquartered in northern Myanmar, far from Rakhine state. Crisis Group interview, conflict researcher, December 2020.Hide Footnote A pause in fighting was an opportunity for the insurgents to regroup and consolidate their territorial gains. There are also practical reasons to push for an informal ceasefire, even if fighting does resume: a halt that allows the Rakhine villagers to harvest crops will alleviate economic hardship, ensuring that the population is better able to support Arakan Army forces in the year ahead.[fn]Crisis Group interview, source close to the Arakan Army, December 2020.Hide Footnote
The de facto ceasefire offers welcome respite for the Tatmadaw as well. Although it increasingly appears to have the upper hand on the battlefield, many of its soldiers have been stationed in the Rakhine conflict zone for more than a year; the ceasefire offers a chance for rotations and regrouping of depleted battalions.[fn]Crisis Group interview, conflict researcher, December 2020.Hide Footnote The war has also been mentally taxing for security personnel: targeted killings of soldiers, police and government officials make them wary of leaving base, even for routine patrols, in some areas.[fn]See Crisis Group Report, An Avoidable War, op. cit.Hide Footnote In recent weeks, however, soldiers have once again been spotted in restaurants and beer stations, apparently no longer afraid of attack from insurgents or their supporters.[fn]Crisis Group interview, Rakhine journalist, December 2020.Hide Footnote
But the military’s willingness to engage with the Arakan Army has less to do with the Tatmadaw’s core interests than with its commander-in-chief’s political objectives. The NLD’s crushing victory in the general election was humiliating for parties associated with the military, and a clear expression of opposition to Tatmadaw proxies returning to power. The military-aligned Union Solidarity and Development Party (USDP) was almost entirely wiped out in the Burman-dominated regions, and it came away with just a few dozen seats in total – mostly in ethnic minority townships where soldiers make up a large proportion of the electorate.[fn]Official results are available at the Union Election Commission’s website (Burmese).Hide Footnote
The result was damaging for Min Aung Hlaing personally, not only because of his perceived association with the defeated USDP but also due to his attempts to intervene in the final week of campaigning. In a statement six days before the vote, he criticised the Union Election Commission’s management of the poll and claimed the NLD government was responsible, as it appointed the commission’s members. In an interview with a friendly media outlet, he cast doubt on whether he would accept the results of the vote.[fn]“Myanmar’s NLD draws more criticisms ahead of national poll”, The Diplomat, 4 November 2020.Hide Footnote Min Aung Hlaing backtracked from this position on election day, but some political analysts later suggested that public opposition to his comments may have contributed to high turnout and strong NLD performance.[fn]“NLD claims huge victory as USDP crashes and ethnic parties struggle”, Frontier Myanmar, 9 November 2020.Hide Footnote
This political blow to the commander-in-chief comes as he faces the prospect of retirement in June 2021, when he will turn 65. Although it is not clear whether he will leave office – he has already granted himself one five-year extension to the age-60 limit – he has been open about his political aspirations and appears determined to use the peace process to rebuild his political capital over the next six months.[fn]Crisis Group interviews, diplomats and political analyst, December 2020.Hide Footnote The day after the vote, for example, he established a new military negotiating team to engage in talks with ethnic armed groups.[fn]“Statement on Ceasefire and Eternal Peace”, Office of the Commander-in-Chief of the Defence Services, 9 November 2020. While the Tatmadaw already had such a delegation, unlike its predecessor the mandate of this new Peace Talks Committee appears to include Rakhine state. The previous team was limited to negotiating with groups in Kachin and Shan states, as the Tatmadaw refused to recognise the Arakan Army’s presence in Rakhine state. In announcing the new team, Min Aung Hlaing also no longer made reference to his “six peace policies”, which armed groups have often objected to. See “Announcement on Ceasefire and Eternal Peace”, Office of the Commander-in-Chief of the Defence Services, 21 December 2018; and “The Tatmadaw’s six principles for peace remain a challenge for ethnic armed groups”, Mon News Agency, 1 February 2020.Hide Footnote He has since multiplied good-will gestures to ethnic minorities, from meeting leaders of the influential Kachin Baptist Convention to offering financial and political support for reconstruction of a Shan prince’s palace in northern Shan state.[fn]See “Groundbreaking and cash donation ceremony to reconstruct grand Haw Palace (Haw Kunshanwi) of Hsenwi Saopha Hkun Sang Ton Hong held”, Myawady, 5 December 2020; and “Senior General Min Aung Hlaing receives officials of Kachin Baptist Convention (KBC)”, Myawady, 1 December 2020.Hide Footnote
D. Faltering Hopes for a Vote
The legal and practical hurdles associated with holding elections by the end of the year mean that they will only be possible with support from all stakeholders, including the civilian government, influential NLD members and the Union Election Commission. So far, however, the push for a vote has run into opposition from several quarters.
On the legal front, Myanmar’s election laws state that by-elections cannot take place in the first or last year of the national parliament’s term, which would preclude any poll from being held until February 2022 at the earliest. Proponents of the vote, such as the ANP, argue that the Rakhine case should be considered as one of supplementary or additional elections rather than by-elections, pointing to a clause in the same laws that suggests voting in a general election does not have to happen everywhere at the same time.[fn]Section 34(a) of the Pyithu Hluttaw Election Law states that the Union Election Commission should hold voting in a general election on the same day “as far as possible”.Hide Footnote The hard deadline, in this case, would be the end of January, before the incoming deputies are sworn in and begin the process of choosing the president. Both the Arakan Army and the Tatmadaw, however, had used the term “by-election” in their initial statements, providing ammunition for those who do not wish the initiative to go ahead.[fn]Crisis Group interview, source involved in the peace process, December 2020.Hide Footnote
The lack of local administrators in various areas will also make it logistically challenging to arrange voting in many parts of the nine townships in question, and there are genuine concerns over safety.[fn]“Conflict disrupts election plans in Rakhine state”, Frontier Myanmar, 24 August 2020.Hide Footnote Although there have been no reports of fighting between the Tatmadaw and Arakan Army since the election, landmines and improvised explosive devices have continued to kill civilians in Rakhine.[fn]Crisis Group interviews, researcher on Rakhine state and conflict researcher, December 2020.Hide Footnote
Aung San Suu Kyi, who was positive about the idea when she met the Japanese envoy in early November, is now less enthusiastic.[fn]Crisis Group interviews, diplomat and source involved in the peace process, December 2020.Hide Footnote Her personal mistrust of Min Aung Hlaing has contributed to this change of heart, and she likely has concerns about Sasakawa’s close relationship with the military and the ethnic armed groups. Although she was aware of his trip to Rakhine state in late November, she was caught off guard by the Tatmadaw flying him by helicopter from the state capital Sittwe to the conflict-hit townships of Kyauktaw and Buthidaung.[fn]Crisis Group interview, source involved in the peace process, December 2020.Hide Footnote Her frustration has only grown as a result of Min Aung Hlaing’s continued intervention in the electoral process: on 1 December, his office said it was “scrutinising and reviewing the election process” in around two thirds of constituencies as a result of widely discredited complaints from the USDP.[fn]“Statement on Stance”, Office of the Commander-in-Chief of the Defence Services, 1 December 2020.Hide Footnote To rebuild trust with Aung San Suu Kyi and her party, the Tatmadaw should drop its investigation into the election, as well as its public complaints about the election commission.
The state counsellor is also responding to resistance from the NLD’s central executive committee. Buoyed by their crushing election victory, party officials do not see why they should – as they see it – hand political gains to Min Aung Hlaing and the Arakan Army. Quite logically, they also point to the Arakan Army’s refusal to release the party’s three candidates detained in Rakhine state since October. “Some people on the [committee] are more hardline than Aung San Suu Kyi – they are very proud after their election win and don’t see why they should negotiate with anyone”, said one political analyst close to the NLD. “The way they see it, they have a mandate from the people”.[fn]Crisis Group interview, political analyst close to the NLD, December 2020.Hide Footnote
After returning from Rakhine state in late November, Sasakawa met the Union Election Commission and Aung San Suu Kyi again. The meetings did not go well; afterward, the envoy was unusually critical, accusing chairman Hla Thein of backtracking on assurances he apparently gave in a meeting shortly before the election. “In my opinion, I can see that they do not want to hold elections”, Sasakawa was quoted as saying, referring to the commission. While he did not criticise Aung San Suu Kyi directly, he told the media that when he expressed his disappointment with the commission in a subsequent meeting with her, she “told me she had nothing to say”.[fn]“‘I can see the UEC does not want elections’ in Rakhine, Japanese envoy to Myanmar says”, The Irrawaddy, 4 December 2020.Hide Footnote Unlike their previous encounter on 10 November, this one was not reported in Myanmar state media or on the state counsellor’s Facebook page. In light of his public comments, it seems unlikely that the Japanese envoy will continue to engage directly with Aung San Suu Kyi or the election commission, although he could still facilitate dialogue between the Arakan Army and the Tatmadaw if necessary.
Despite these developments, a window of opportunity remains to hold elections in Rakhine state. A full election in all the nine townships where voting was completely cancelled was never likely to be feasible, due to both safety concerns and lack of administrative capacity. But some of these townships, such as Maungdaw and Pauktaw, have seen little conflict. In others, partial elections – for example, in urban areas – could be arranged at short notice.[fn]Crisis Group interview, researcher on Rakhine state, December 2020.Hide Footnote Although a partial election would still leave most eligible voters disenfranchised, it should still be an acceptable outcome for both the Tatmadaw and the Arakan Army. But even such an arrangement would require much closer dialogue and coordination between the Tatmadaw, the civilian government and the Union Election Commission in order to overcome their mutual distrust.
Although a partial election would still leave most eligible voters disenfranchised, it should still be an acceptable outcome for both the Tatmadaw and the Arakan Army.
The proposed elections may not align with the civilian government’s narrow political interests, yet there are several reasons why it may still want to facilitate the vote. First, elections offer a potential bargaining chip for securing the release of its three candidates. Secondly, standing in the way of voting will hurt perceptions of the NLD and the government, which will both complicate its talks with minority leaders and hand Min Aung Hlaing a political win. Thirdly, the initiative offers an important opportunity to improve prospects for peace in Rakhine state: failure to attempt to hold elections will only reinforce the belief of many Rakhine people that insurgency – rather than electoral politics – is the only means of fulfilling their political aspirations. Finally, elections in Rakhine could help unlock important opportunities for the broader peace process by boosting prospects for a bilateral ceasefire with the Arakan Army.
III. A Platform for a Ceasefire?
Whether elections go ahead or not, the fragile peace in place in Rakhine state offers the best opportunity in the last two years to establish the foundations of sustained dialogue and a durable ceasefire between the Tatmadaw and the Arakan Army. Successful elections in January would provide a boost but are not necessary for continuing negotiations. The real goal should be to translate the dialogue and de facto ceasefire into a more permanent agreement to end the fighting in Rakhine and southern Chin states.
There are reasons for cautious optimism that talks will continue and the ceasefire will hold. Despite the growing reluctance from the election commission and Aung San Suu Kyi to arrange elections, the Tatmadaw and Arakan Army have continued their dialogue. On 9 December, they held a face-to-face meeting in Panghsang, the headquarters of the United Wa State Army, Myanmar’s largest ethnic armed group and an ally of the Arakan Army. Although few details have emerged – Arakan Army officials have said the hour-long talks focused on “peace and election affairs and to ensure the bilateral ceasefire” – the symbolic importance of this meeting should not be underestimated, particularly in light of the armed group’s terrorist designation.[fn]“Myanmar military holds meeting with Arakan Army in Wa region”, The Irrawaddy, 10 December 2020.Hide Footnote Further talks are reportedly planned later in December, including a meeting between the Arakan Army’s commander-in-chief, Twan Mrat Naing, and Lieutenant General Yar Pyae, who heads the new Tatmadaw negotiating team.[fn]“AA C-in-C to meet with top military negotiator”, Narinjara, 12 December 2020.Hide Footnote
At the national level, Aung San Suu Kyi’s government is also taking steps to reinvigorate the moribund peace process during its next term. After the election, it immediately reached out to ethnic political parties, inviting them to cooperate in building a federal political system – the ultimate goal of the peace process – and has talked of installing a “government of national unity” when it forms the next administration in March 2021.[fn]“Myanmar’s ethnic parties cautiously optimistic about outreach from victorious NLD”, The Irrawaddy, 25 November 2020.Hide Footnote In early December, it also arranged a coordination meeting between the National Reconciliation and Peace Centre and Yar Pyae.[fn]“Two-day meeting on peacemaking processes concludes”, Global New Light of Myanmar, 5 December 2020.Hide Footnote Reaching bilateral ceasefires with members of the Northern Alliance, including the Arakan Army, is a major focus given these groups’ military might.
Progress toward a bilateral ceasefire with the Arakan Army could thus give a major boost to Myanmar’s peace process as a whole.[fn]For more on the peace process since the 2015 elections, see Crisis Group Asia Reports N°s 308, Rebooting Myanmar’s Stalled Peace Process, 19 June 2020; and 287, Building Critical Mass for Peace in Myanmar, 29 June 2017; and Crisis Group Asia Briefings N°s 161, Conflict, Health Cooperation and COVID-19 in Myanmar, 19 May 2020; 151, Myanmar’s Stalled Transition, 28 August 2018; and 149, Myanmar’s Peace Process: Getting to a Political Dialogue, 19 October 2016.Hide Footnote The process is split between the ten groups that have signed the Nationwide Ceasefire Agreement and a similar number that have not, including the Arakan Army. Without the participation of these non-signatories, which include some of the country’s most powerful armed groups, negotiations with the signatories toward a broader peace accord will remain extremely difficult. But the exclusion of the Arakan Army from the peace process since March on account of its terrorist designation has basically precluded dialogue with non-signatories. In August, for example, the six other members of the Federal Political Negotiation and Consultative Committee, a negotiating bloc led by the United Wa State Army, declined to attend the Panglong-21 peace conference because the Arakan Army had been excluded.[fn]“What does the Panglong conference mean for the peace process?”, op. cit.Hide Footnote Since the election, this grouping has congratulated the NLD on its win and expressed willingness to engage in talks with the next civilian government.[fn]“FPNCC open to negotiations with NLD govt, but members need bilateral ceasefire”, Network Media Group, 26 November 2020.Hide Footnote
Direct talks between the Arakan Army and the civilian government will be essential for reaching a formal agreement on a ceasefire. Naypyitaw alone has the power to release prisoners, remove the terrorist designation, lift mobile internet restrictions in Rakhine, decide the composition of the incoming Rakhine state government and much more, all of which could be important for securing a bilateral agreement. Further, to enter the formal peace process, the Arakan Army will need to sign a ceasefire with the civilian government, through its National Reconciliation and Peace Centre.
Direct talks between the Arakan Army and the civilian government will be essential for reaching a formal agreement on a ceasefire.
Progress will inevitably require concessions on both sides. As with the Rakhine elections, the NLD’s central executive committee remains a potential obstacle to these peace and reconciliation initiatives.[fn]Crisis Group interview, source involved in the peace process, December 2020.Hide Footnote To get this committee’s buy-in, and by extension the civilian government’s, the Arakan Army should release the party’s three candidates it took captive in October and refrain from further abductions. As of late November, the group was still insisting on a prisoner swap, demanding that the government release civilians, politicians and relatives of its members arrested under the Unlawful Associations Act, Counter-Terrorism Law and other statutes.[fn]“Statement No. 42/2020”, United League of Arakan/Arakan Army, 21 November 2020. Available in English at arakanarmy.net. See tweet by the Arakan Army, @Arakanarmy1army, 9:33am, 21 November 2020.Hide Footnote The government is unlikely to engage in such negotiations. Naypyitaw should, however, consider lifting the terrorist designation: doing so would not only help build trust, but also make negotiations with the insurgents easier to arrange.
Another major stumbling block for a bilateral ceasefire is the military’s demand, articulated during the 2019 round of negotiations, that the Arakan Army leave Rakhine state. In light of the territorial consolidation the group has undertaken since then, a formal ceasefire will be all but impossible if the military sticks to this policy. Informally, it has indicated that it is willing to relax this position, but it remains to be seen whether it will do so, and whether any conditions still attached would be acceptable to the Arakan Army.[fn]Crisis Group interview, source involved in the peace process, December 2020.Hide Footnote The ground reality is that the Arakan Army is firmly entrenched in Rakhine, and the Tatmadaw does not have the capacity to dislodge it. Accepting an Arakan Army presence in the state is the only potential pathway to peace.
IV. Conclusion
The Japan-brokered temporary truce in Rakhine state to hold supplementary elections offers the best opportunity in two years to scale back conflict in Rakhine and southern Chin states between Myanmar’s military and the Arakan Army. Given the heavy fighting and the many obstacles to dialogue – not least the Arakan Army’s terrorist designation – Tokyo’s intervention is a significant achievement.
Elections in Rakhine state in January 2021 would be a positive step, but if they are to go ahead the Tatmadaw and Arakan Army will both need to take further steps to convince the civilian government, particularly Aung San Suu Kyi. The Tatmadaw should drop its complaints about the election’s integrity and cease its public criticisms of the Union Election Commission. It should then try to open a three-way dialogue with the commission and the government. For its part, the Arakan Army should release the three NLD candidates abducted in October. The government should reciprocate by removing the group from its list of terrorist organisations, which would also serve its purpose in moving the peace process forward.
Whether elections take place on time or not, the present dialogue has created an opening for renewed talks toward a bilateral ceasefire. There are significant obstacles to reaching such an agreement – particularly the Tatmadaw’s insistence that the Arakan Army leave Rakhine state, which it should drop during these new negotiations – but the alternative is bleak. Not only would it likely mean resumption of the bloodiest conflict Myanmar has seen in decades, but it would also undermine chances of progress in the country’s broader peace process in the years ahead.
Yangon/Brussels, 23 December 2020
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The sad, sick life of the business traveller
by A.W. | WASHINGTON, DC
MANY of us have found ourselves trying to explain to friends and colleagues that, no, business travel isn’t as fun and glamorous as it seems. Finally, there could be proof to back this up. Researchers at the University of Surrey, in Britain, and Linnaeus University, in Sweden, have published a new study highlighting what they call “a darker side of hypermobility”. The “hypermobile”—largely but not exclusively business travellers—have won a certain cachet in contemporary society, with the worldliness they seem to acquire from their travels and the envy-inducing social-media posts they leave in their wake. But, the researchers warn, “whilst aspects of glamorisation in regard to mobility are omnipresent in our lives, there exists an ominous silence with regard to its darker side”.
The study, which synthesises existing research on the effects of frequent travel, finds three types of consequence: physiological, psychological and emotional, and social. The physiological ones are the most obvious. Jet lag is the affliction travellers know best, although they may not anticipate some of its direr, if rarer, potential effects, like speeding ageing or increasing the risk of heart attack and stroke. Then there’s the danger of deep-vein thrombosis, exposure to germs and radiation—people who fly more than 85,000 miles a year (say, New York to Seattle and back every three weeks, or New York to Tokyo and back seven times) exceed the regulatory limit for exposure to radiation. And finally, of course, business travellers tend to get less exercise and eat less healthily than people who stay in place.
The psychological and emotional toll of business travel is more abstract, but just as real. Frequent flyers experience “travel disorientation” from changing places and time zones so often. They also suffer mounting stress, given that “time spent travelling will rarely be offset through a reduced workload, and that there may be anxieties associated with work continuing to accumulate (eg ‘inbox overload’) whilst away”. Due to the absence from family and friends, “hypermobility is frequently an isolating and lonely experience,” the authors write. The accumulated impact can be substantial. One study of 10,000 World Bank employees found that the business travellers among them were three times as likely to file psychological insurance claims.
Finally, there are the social effects. Marriages suffer from the time apart, as does children’s behaviour. What is more, relationships tend to become more unequal, as the partner who stays at home is forced to take on more domestic duties. There’s a gender disparity here, since most business travellers are men. (A 2011 survey of Asian business travellers by Accor, a hotel firm, found that 74% were men. Seemingly the last comprehensive research into American business travellers in 2002 found that 77% were male.) Friendships also fray, as business travellers often “sacrifice local collective activities and instead prioritise their immediate families when returning from trips”.
Of course, these impacts are mitigated by the fact that they fall disproportionately on a segment of the population that is already doing rather well. The “mobile elite” tend to have higher incomes and access to better health care than the population at large. According to the study, in Sweden, 3% of the population accounts for a quarter of international travel; in France, 5% covers half of the population’s total distance travelled.
So these may be problems of the 1% (or the 3%, or the 5%). But they’re real enough regardless. By all means feel jealous of acquaintances' Instagram photos of exotic meals and faraway attractions. But harbour a small amount of concern as well.
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jennifer@edchoice.org
Jennifer is a former Indianapolis Star reporter who has previously served as communications director for the Indiana Criminal Justice Institute and deputy director of public affairs for National Nuclear Security Administration, which oversees the nation’s nuclear weapons stockpile and the largest nonproliferation program in the world.
Before joining EdChoice, Jennifer spent four years running her own public relations consulting firm in Downtown Indianapolis, serving a number of public, private and nonprofit clients. She also served for several years as spokesperson for the Indiana Democratic Party and has worked on a number of issue-based and political campaigns.
Jennifer is a graduate of Park Tudor School who holds a bachelor’s degree in journalism from Indiana University in Bloomington and a J.D. from the Indiana University School of Law in Indianapolis. She is admitted to practice law in Indiana.
Jennifer lives in Downtown Indianapolis and has two children, Alexandra and Austin.
Favorite Teacher/Class
Biology and technical theater.
We are the music-makers,
And we are the dreamers of dreams,
Wandering by lone sea-breakers,
And sitting by desolate streams.
World-losers and world-forsakers,
Upon whom the pale moon gleams;
Yet we are the movers and shakers,
Of the world forever, it seems.
– Arthur O’Shaughnessy
High School Mascot
Park Tudor Panthers
Favorite Pastime
Running, biking, spending time outdoors, watching Disney movies with my kids.
Inspiration for Joining the Educational Choice Movement
My parents were public school teachers who chose to send me to one of the best private schools in the state. It wasn’t easy for them financially, but they made it work because it was important to them that I obtained a high-quality education to set me up for success later in life. School choice is fundamentally an issue of equality; no family should be denied access to a good school because of where they live or what they can afford. Breaking down economic and societal barriers begins with access to education. We don’t have a moment to waste.
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Operations and Production Management: Computer systems that can help to keep the traffic flowing
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Perhaps it’s a sign of the times, but modern product innovation increasingly seems to draw on the technologies of the past.
Operations and Production Management: Lessons in success from three of the best
Outstanding policies in research and development, design, and health and safety are paying rich dividends for three organizations that have built worldwide reputations for good practice in the areas of operations and production management.
Operations and Production Management: Can electric cars ever be beautiful, sexy and fast?
With the price of oil sticking firmly above $100 a barrel, and taxation and congestion-charge systems being used to cajole people into driving smaller, more environmentally friendly vehicles, car makers across the world are battling to prove their green credentials. Nevertheless, few commentators were prepared for the announcement by General Motors, at the Detroit auto-show in January, that it would seek to diversify ‘away from petroleum’.
Operations and Production Management: Three different approaches to product design and innovation
We all own them - products that are so over-designed that we never quite master how to use them and only ever get to grips with a small proportion of their features...
Operations and Production Management: Operations & production management
When it comes to grocery retailing, Spain's Canary Islands are like a throwback to the UK in the 1950s. Large supermarkets are virtually non-existent. Instead, groceries are mainly sold through Spar-type neighbourhood shops or family owned mini-markets. Almost all the main residential developments in the Canary Islands have at least one of these shops...
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Innovation in Business-to-Business Networks
Special issue call for papers from Journal of Business & Industrial Marketing
Innovation as a collaborative phenomenon (Powell et al., 1996) has lead to the development of the concept of innovation networks (INs) (Dhanaraj and Parkhe, 2006; Von Hippel, 2007), where actors interact to develop innovations of different nature (Ahuja, 2000; Westerlund and Rajala, 2009): “An innovation network is [about]... the linkages between organizations… in order to create, capture and integrate the many different skills and knowledge needed to develop complex technologies and bring them into the market” (Calia et al., 2007: 427).
The critical sources of innovation, thus, often reside somewhere in a company’s surrounding business network (Björk and Magnuson, 2009). Through co-operation in innovating, firms can access complementary knowledge and share the costs and risks of innovative activities. Innovation networks can therefore be considered as an alternative form of organization in knowledge production.
In these inter-organizational networks, several business actors have valuable impact on the knowledge and innovation creation process (Rampersad, Quester and Troshani, 2010). Accordingly, innovation tends to result from various interactions among different organizations (Häkansson et al., 2009), often very heterogeneous (Cantù, Corsaro and Shenota, 2011; Mason, 2011) in terms of different industries, goals, organizational structures, views of the surrounding network, roles, and other characteristics. Actors —like companies, intermediaries, research centers, governmental institutions, trade unions, universities, laboratories, technology centers, development organizations, local and international associations— join together to achieve mutually defined goals (Child and Faulkner, 1998). However, their goals can be very diverse and, furthermore, the same actor may try to achieve different goals (Corsaro and Snehota, 2011) in the context of different interaction and innovation processes.
Our Call for Papers is aimed at exploring how the features of business actors impact the innovations generated in interactions in networks. The topic of how such different actors confront their goals and how this impacts on the process of generation, adoption, and diffusion of an innovation is of particular interest.
Some specific, but not exclusive, research questions are the following:
• How do different business actors’ goals impact innovations generated in networks?
• How do these goals combine and co-exist in the development, adoption and diffusion of innovation? How do they address innovation-related processes?
• Does the interaction among actors with heterogeneous goals lead to certain resource interfaces to develop more than others?
• How do different goals co-exist in a business actor and how do they affect the different innovation processes it is involved into?
• Are there any patterns in how actors’ goals and the innovation networks change over time?
Papers submitted must not have been published, accepted for publication, or presently be under consideration for publication with any other journal. Submissions should be approximately 6,000-8,000 words in length. Submissions to the Journal of Business & Industrial Marketing must be made using the ScholarOne ManuscriptCentral system.
For more details, please visit the journal homepage and consult the author guidelines.
Suitable articles will be subjected to a double-blind review. Hence authors should not identify themselves in the body of the paper.
The best papers from the 28th IMP Conference – Special Track Combining the Social and Technological Aspects of Innovation: Relationships and Networks – will also be selected and invited for submission to this Special Issue.
Submission deadline:
Daniela Corsaro, Università Cattolica del Sacro Cuore, [email protected]
Chiara Cantù, Università Cattolica del Sacro Cuore, [email protected]
Annalisa Tunisini, Università Cattolica del Sacro Cuore, [email protected]
Ahuja, G. (2000). Collaboration networks, structural holes, and innovation: a longitudinal study. Administrative Science Quarterly, 45(3): 425-455.
Björk, J. & Magnusson, M. (2009). Where Do Good Innovation Ideas Come From? Exploring the Influence of Network Connectivity on Innovation Idea Quality. Journal of Product Innovation Management, 26(6): 662–670.
Calia, R. C., Guerrini, F. M. & Moura, G. L. (2007). Innovation networks: From technological development to business model reconfiguration. Technovation, 27(8): 426-432.
Cantù C, Corsaro, D. & Snehota, I. (2011). Roles of actors in combining resources into complex solutions. Journal of Business Research, In press.
Child, J., & Faulkner, R. R. (1998). Strategies of co-operation: Managing alliances, networks, and joint ventures. New York: Oxford University Press.
Corsaro, D. & Snehota, I. (2011). Alignment and Misalignment in Business Relationships. Industrial Marketing Management, 40(6): 1042-1054.
Dhanaraj, C. & Parkhe, A. (2006). Orchestrating Innovation Networks. Academy of Management Review, 31(3): 659-669.
Håkansson, H., Ford, D., Gadde, L. E., Snehota, I. & Waluszewski, A. (2009). Business in networks. Great Britain: Wiley and Sons.
Mason, K. (2011). A commentary on “The role of actors in combining resources into complex solutions”. Journal of Business Research, In press.
Powell, W.W., Koput, K.W. & Smith-Doerr, L. (1996). Interorganizational collaboration and the locus of innovation: Networks of learning in biotechnology. Administrative Science Quarterly, 41(2): 116-145.
Rampersad, G.C., Quester, P. & Troshani, I. (2010). Managing innovation networks: Exploratory evidence from ICT, biotechnology and nanotechnology networks. Industrial Marketing Management, 39(5): 793-805.
Von Hippel, E. (2007). Horizontal innovation networks - by and for users. Industrial and Corporate Change, 16(2): 293-315.
Westerlund, M. & Rajala, R. (2010). Learning and innovation in inter-organizational network collaboration. Journal of Business & Industrial Marketing, 25(6): 435-442.
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What Is a Surrogate Mother
Article ID: DD135 | By: Scott B. Rae
The following is an excerpt from article DD135 from the Christian Research Journal. The full pdf can be viewed by following the link below the excerpt.
Undoubtedly, surrogate motherhood is the most controversial of the new reproductive technologies. In many cases, the surrogate bears the child for the contracting couple, willingly gives up to them the child she has borne, and accepts her role with no difficulty. In those cases, the contracting couple views the surrogate with extreme gratitude for helping their dream of having a child come true. The surrogate also feels a great deal of satisfaction, since she has in effect given a “gift of life” to a previously infertile couple. But in some cases that have been well publicized in the media, the surrogate wants to keep the child she has borne and fights the contracting couple for custody. What began as a harmonious relationship between the couple and the surrogate ends with regrets about using this type of reproductive arrangement. Surrogacy itself is not new. The Old Testament records two incidents of surrogacy (Gen. 16:1-6; 30:1-13), and it appears that use of a surrogate to circumvent female infertility was an accepted practice in the Ancient Near East4 What makes today’s surrogacy new is the presence of lawyers and detailed contracts in the previously very private area of procreation. Today, surrogacy does not normally involve any sophisticated medical technology. Normally conception is accomplished by artificial insemination, though in some cases in vitro fertilization is used to impregnate the surrogate. In the latter cases the contracting couple normally provide both sperm and eggs, so that the surrogate mother is not the genetic mother.
What is a Surrogate Mother- Problems With Surrogate Motherhood
Surrogacy Involves the Sale of Children. Certainly the most serious objection to commercial surrogacy is that it reduces children to objects of barter by putting a price on them. Most of the arguments in favor of surrogacy are attempts to avoid this problem. Opponents of surrogacy insist that any attempt to deny or minimize the charge of baby-selling fails, and thus surrogacy involves the sale of children. This violates the Thirteenth Amendment that outlawed slavery because it constituted the sale of human beings. It also violates commonly and widely held moral principles that safeguard human rights and the dignity of human persons, namely that human beings are made in God’s image and are His unique creations. Persons are not fundamentally things that can be purchased and sold for a price. The fact that proponents of surrogacy try so hard to get around the charge of baby-selling indicates their acceptance of these moral principles as well. Rather than the debate being over whether human beings should be bought and sold, it is over whether commercial surrogacy constitutes such a sale of children. If it does, most people would agree that the case against surrogacy is quite strong. As the New Jersey Supreme Court put it in the Baby M case, “There are, in a civilized society, some things that money cannot buy….There are values…that society deems more important than granting to wealth whatever it can buy, be it labor, love or life.”5 The sale of children, which normally results from a surrogacy transaction (the only exception being cases of altruistic surrogacy), is inherently problematic. This is so irrespective of the other good consequences the arrangement produces, in the same way that slavery is inherently troubling, because human beings are not objects for sale. Surrogacy Involves Potential for Exploitation of the Surrogate. Most agree that commercial surrogacy has the potential to be exploitative. The combination of desperate infertile couples, low income surrogates, and surrogacy brokers with varying degrees of moral scruples raises the prospect that the entire commercial enterprise can be exploitative. But statistics on the approximately six hundred surrogacy arrangements to date indicate that this potential for exploitation has not yet materialized. Most surrogates are women of average means (the average income being around $25,000 per year),6 not destitute but certainly motivated by the money. The fee alone should not be considered exploitation but rather an inducement to do something that the surrogate would not otherwise do. Money functions as an inducement to do many things that people would not normally do, without being exploitative. This does not mean, however, that the potential for exploitation should be discounted. Should surrogacy become more socially acceptable, and states pass laws making it legal, it is not difficult to imagine the various ways surrogacy brokers might attempt to hold costs down in order to maximize their profit. One of the most attractive ways in which this could be done would be to recruit surrogate mothers more actively from among the poor, in this country, and particularly from the third world. For example, some are suggesting that those with financial need actually make the best candidates for surrogates since they are the least inclined to keep the child produced by the arrangement.7 Others are making plans to actively recruit women from the third world to be brought to the United States to serve as surrogates. The advantage to using these women is that it dramatically reduces the cost of running the surrogacy business. John Stehura, of the Bionetics Foundation, stated that the surrogates from these countries would only receive the basic necessities and travel expenses for their services. Revealing a strong inclination toward exploitation of the surrogates, he stated, “Often they [the potential surrogates] are looking for a survival situation — something to do to pay for the rent and food. They come from underdeveloped countries where food is a serious issue.” But he also added that they make good candidates for surrogacy: “They know how to take care of children…. it’s obviously a perfect match.”8 He further speculates that perhaps one-tenth of the normal fee could be paid to these women, and it would not even matter if they had some other health problems as long as they had an adequate diet and no problems that would affect the developing child.9 Stehura’s comments are representative of the fact that the potential for crass exploitation of poor women in desperate circumstances is already being seriously considered by brokers in the industry. It is not clear the degree to which these statements are representative of the entire industry. But with the profit motive being a primary factor it does not take much imagination to envision the abuses that could easily proliferate. Surrogacy Involves Detachment from the Child in Utero. One of the most serious objections to surrogacy applies to both commercial and altruistic surrogacy. In screening women to select the most ideal surrogates, one looks for the woman’s ability to give up easily the child she is carrying. Normally the less attached the woman is to the child the easier it is to complete the arrangement. But this is hardly an ideal setting for a pregnancy. Surrogacy sanctions female detachment from the child in the womb, a situation that one would never want in any other pregnancy. This detachment is something that would be strongly discouraged in a normal pregnancy, but is strongly encouraged in surrogacy. Thus surrogacy actually turns a vice — the ability to detach from the child in utero — into a virtue. Should surrogacy be widely practiced, bioethicist Daniel Callahan of the Hastings Center describes what one of the results would be: “We will be forced to cultivate the services of women with the hardly desirable trait of being willing to gestate and then give up their own children, especially if paid enough to do so…. There would still be the need to find women with the capacity to dissociate and distance themselves from their own child. This is not a psychological trait we should want to foster, even in the name of altruism.”10 Surrogacy Violates the Right of Mothers to Associate with Their Children. Another serious problem with commercial surrogacy might also apply to altruistic surrogacy. In most surrogacy contracts, whether for a fee or not, the surrogate agrees to relinquish any parental rights to the child she is carrying to the couple who contracted her services. In the Baby M case, the police actually had to break into a home to return Baby M to the contracting couple. A surrogacy contract forces a woman to give up the child she has borne to the couple who has paid her to do so. Should she have second thoughts and desire to keep the baby, under the contract she would nevertheless be forced to give up her child. Of course, this assumes the traditional definition of a mother. A mother is defined as the woman who gives birth to the child. Society never before needed to carefully define motherhood because medicine had previously not been able to separate the genetic and gestational aspects of motherhood. It is a new phenomenon to have one woman be the genetic contributor and a different woman be the one who carries the child. There is debate over whether genetics or gestation should determine motherhood. But in the great majority of surrogacy cases, the surrogate provides both the genetic material and the womb. Thus, by any definition, she is the mother of the child. To force her to give up her child under the terms of a surrogacy contract violates her fundamental right to associate with and raise her child.11 This does not mean that she has exclusive right to the child. That must be shared with the natural father, similar to a custody arrangement in a divorce proceeding. But the right of one parent (the natural father) to associate with his child cannot be enforced at the expense of the right of the other (the surrogate). As a result of this fundamental right, some states that allow a fee to be paid to the surrogate do not allow the contract to be enforced if the surrogate wants to keep the child. In these states, any contract that requires a woman to agree to give up the child she bears prior to birth is not considered a valid contract. This is similar to the way most states deal with adoptions. Any agreement prior to birth to give up one’s child is not binding and can be revoked if the birth mother changes her mind and wants to keep the child. Many states that have passed laws on surrogacy have chosen to use the model of adoption law rather than contract law that essentially says “a deal’s a deal.” The problem with allowing the surrogate to keep the child is that it substantially increases the element of risk for the contracting couple. They might go through the entire process and end up with shared custody of a child that they initially thought was to be all theirs. To many people, that doesn’t seem fair. But to others is it just as unfair to take a child away from his or her mother simply because a contract states that she must.
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Light Age, Inc. - 544047 - 01/24/2018
Light Age, Inc. MARCS-CMS 544047 — January 24, 2018
Dr. Donald F. Heller
Light Age, Inc.
500 Apgar Drive
Somerset, NJ 08873-1177
New England District Office
Medical Devices and Radiological Health, Division 1 East
1 Montvale Ave
CMS #544047
VIA UNITED PARCEL SERVICE
Somerset, New Jersey 08873-1177
Dear Dr. Heller:
During an inspection of your firm located in Somerset, New Jersey on October 21, 2017 through November 17, 2017, an investigator from the United States Food and Drug Administration (FDA) determined that your firm manufactures Class II, medical lasers, including but not limited to EpiCare and Q-Clear. Under section 201(h) of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 321(h), these products are devices because they are intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease, or to affect the structure or any function of the body.
This inspection revealed that these devices are adulterated within the meaning of section 501(h) of the Act, 21 U.S.C. § 351(h), in that the methods used in, or the facilities or controls used for, their manufacture, packing, storage, or installation are not in conformity with the current good manufacturing practice requirements of the Quality System regulation found at Title 21, Code of Federal Regulations (CFR), Part 820.
We received your response, dated December 8, 2017, concerning our investigator’s observations noted on the Form FDA 483 (FDA 483), List of Inspectional Observations, that was issued to your firm. We address this response below, in relation to each of the noted violations. These violations include, but are not limited to, the following:
1. Failure to establish and maintain procedures to control product that does not conform to specified requirements, which shall address the identification, documentation, evaluation, segregation, and disposition of nonconforming product, as required by 21 CFR 820.90(a).
Specifically, you are not implementing your Non-conformance procedure, QSP-830-000, Rev 2, Effective Date: 06/13/2016 in that:
a. Section 6.7.1 requires that all Non-conformances be documented.
1. Of the (b)(4) Non-conformances (NC) reviewed from your Nonconformance Index, 4 NCs (#NC00029, NC00020, NC00015, NC00007) could not be located during the inspection.
2. Per Quality Manager, Non-conformances have not been documented since August 2016.
b. Section 6.9.1, requires that NC records be reviewed; and to monitor the actions and progression to closure for each NC. However, you were not able to provide documentation to demonstrate that each NC was reviewed. Examples include, but are not limited to: NC #00026, #00025, and #00022.
c. Section 6.5, requires an investigation to determine the root cause or potential root cause; and section 6.6, requires risk assessment, for each NC. You were not able to provide documentation to demonstrate that an investigation nor risk assessment were conducted for the following open NCs, of which the devices have since been shipped:
1. NC #00026, opened 06/16/2016, involved a Q-Clear, serial #701-16-525, which was mislabeled with incorrect serial number and incorrect voltage. There was no evaluation/investigation documented.
2. NC #00025, opened 02/03/2016, involved a EpiCare Duo-C, serial #502-16-663-DUO-C for shutter failure twice during the final QA testing and other units were reported with failures in the field. There was no investigation, root cause, assessment, risk level, or risk rationale documented.
3. NC #00022, opened 11/22/2015, involved a EpiCare Duo, serial #502-15-661-DUO-C with lack of proper indication of hand piece status, in/out of the calibration port. There was no evaluation/investigation, root cause, assessment, risk level, nor risk rationale documented.
We reviewed your firm’s response and conclude that your response is not adequate. Your corrective actions do not include a retrospective review of all Non-conformances to ensure that they have all been investigated. It also did not include a retrospective review of device history records to assure that all out-of-specification results recorded since August of 2016 in the DHR and documented on a Non-conformance form, are investigated. Additionally, you have not provided any documentation to demonstrate that the Non-conformances listed above, were adequately investigated and appropriate corrective actions were taken. Further, your response states that your NC procedure requires more streamlining and mandatory training of appropriate personnel, however, you have not provided an updated SOP or associated training records. Please provide supporting documentation to demonstrate that your firm has a clear understanding of how to investigate and document NCs to ensure Non-conforming products are not distributed.
2. Failure to establish and maintain procedures for receiving, reviewing, and evaluating complaints by a formally designated unit, as required by 21 CFR 820.198(a). Specifically, Complaint Investigation Procedure, QSP-919-000, Rev: 1, dated 07/01/15, is not being implemented in that:
a. Section 6.1.2 requires that complaints have a root cause investigation unless an investigation has already been performed; and Section 6.1.2.2. requires that if a root cause investigation is not conducted, a rationale should be included. Examples of complaint cases that did not include a root cause investigation nor rationale for not conducting the investigation, include but are not limited to: Case #00012, #00094, #00118.
b. Of the (b)(4) complaints reviewed during the inspection, you were not able to provide or locate three of these complaints, including: Case #00070, #00077, and #00107.
We reviewed your firm’s response and conclude that it is not adequate. You have not provided documentation to demonstrate that you have conducted a retrospective review of complaints or that you have revised your complaint handling system to ensure that complaints are adequately identified and investigated. Your response states that your Product Realization, Customer Communication Procedure, QSP-723-000, Rev: H. also covers complaints, however, the procedure states that Sales and Service is responsible for handling customer complaints. Your response also did not provide the complaints which could not be located during the inspection or an explanation for the lack of records. Further, you state that for Case #00012 and #00118, that these were not complaints but rather, customer requests for information. Please note that a complaint means any written, electronic, or oral communication that alleges deficiencies related to the identity, quality, durability, reliability, safety, effectiveness, or performance of a device after it is released for distribution.
3. Failure to establish and maintain procedures for implementing corrective and preventive actions (CAPA), a required by 21 CFR 820.100(a). Specifically, your Corrective and Preventive Action (CAPA) procedure, QSP-852-000, Rev 1, Effective Date: 07/15/2015 is not adequately implemented in that;
a. Section 6.5 of your procedure requires that modifications to any previously approved CAPA Action Plan shall require a rationale. Your CAPA index included (b)(4) CAPAs that were opened from January 2015 through present of which you cancelled (b)(4) of these CAPAs with no documented rationale and no actions were implemented.
b. Section 6.5 also requires that the CAPA Action Plan and Effectiveness Plan be documented with a target of no more than (b)(4) days of CAPA initiation. However, (b)(4) of the (b)(4) CAPAs that were opened, had no actions implemented. Examples include, but are not limited to CAPA 1255 (opened 08/16/2016) and 1258 (opened 09/07/2016).
c. Section 6.11 of your procedure requires that the CAPA review board meets on a regular basis, however, you were not able to provide documentation to demonstrate that the meetings were held since 2015.
We reviewed your firm’s response and conclude that the adequacy of the corrective action cannot be determined at this time. Your response states that you have opened a CAPA related to this issue, to identify root-cause analysis and effectiveness checks, however, while you have provided the CAPA 1263, dated 10/30/2017, the report lacked information as to who the CAPA was assigned, root cause, nor investigation. Additionally, your response states that the CAPA procedure and forms are in the process of being streamlined and revised and that training will be conducted related to when to open a CAPA. However, you have not provided the revised SOP or associated training records. Please provide this documentation, along with any other supporting documentation, to demonstrate that your firm understands when a CAPA should be open and how each CAPA should be investigated, and closed within a timely manner with appropriate effectiveness checks assigned.
4. Failure to establish and maintain procedures which include requirements for analyzing processes, work operations, concessions, quality audit reports, quality records, service records, complaints, return product, and other sources of quality data to identify existing and potential causes of nonconforming product or other quality problems required by 820.100(a)(1). Specifically,
a. Complaint Investigation Procedure, QSP-919-000, Rev: 1, dated 07/01/15, Section 6.1.3.2.1 requires that analysis of complaint trends will be continually monitored and formally reviewed at (b)(4) intervals, however, you were not able to provide documentation of complaint trending.
b. Complaint Investigation Procedure, QSP-919-000, Rev: 1, dated 07/01/15Section 6.5 requires that complaint metrics will be maintained and formally reviewed on a (b)(4) basis by the Continuous Improvement Board. However, you were not able to provide documentation of these complaint metrics reviews.
We reviewed your firm’s response and conclude that the adequacy of the corrective action cannot be determined at this time. We acknowledge that your firm provided a chart with the number of complaints received from April 2016 through March 2017, however, there was no data beyond March 2017 and no indication that complaint metrics are reviewed by the Continuous Improvement Board. Further, your response states that the Director of Product Operations trends product-related complaints based on feedback from Sales and reports findings to Executive Management (b)(4), however, you provided no supporting documentation to demonstrate this trending data. Further, it is not clear if Sales personnel are trained in identifying complaints/MDRs and no indication that the quality department is involved in this process.
5. Failure to review, evaluate, and investigate complaints involving the possible failure of a device to meet its specifications, as required by 820.198(c).
Specifically, Advisory Notice and Recalls Procedure, QSP-915-000, Rev: F, dated 01/16/2014, requires that each complaint received must be reviewed by the Management Representative for possible medical device report and adverse event action or recall. However, your customer complaint forms for the following cases, of which involve possible injury, Cases #00012 (Keloid scarring), #00094 (burn), and #00118 (rash), lacked adequate documentation to demonstrate that this review was conducted.
We reviewed your firm’s response and conclude that it is not adequate. While your response provides your investigation into each of these complaints, it did not address conducting a retrospective review of all complaints to evaluate possible injury or that you have revised your complaint handling system to ensure that complaints, which involve possible injury are adequately identified and investigated. Please provide supporting documentation to demonstrate your complaint handling procedures and processes have been evaluated and revised to ensure that complaints are being adequately identified and investigated by personnel that are trained in the requirements of complaint handling and MDR reporting.
6. Failure of management with executive responsibility to review the suitability and effectiveness of the quality system at defined intervals and with sufficient frequency according to established procedures, to ensure the quality system satisfies the requirement of part 820, as required by 21 CFR 820.20(c).
Specifically, your Management Review Procedure, QSP-561-000, Rev 2, dated 04/25/2017, requires that management review meetings are held at least once a year. However, there were no management reviews documented for 2015 and 2016.
We reviewed your firm’s response and conclude that the adequacy of the corrective action cannot be determined at this time. While your response provided a training record, dated 02/03/2015, on How to Conduct an Effective Management Review, in addition to an attendance record for the Management Review, dated 04/12/2016, your Quality Manager was not able to provide information related to these meetings during the inspection.
7. Failure to establish procedures for quality audits and conduct such audits to assure that the quality system is, in compliance with, established quality system requirements and to determine the effectiveness of the quality system required by 21 CFR 820.22.
Specifically, Internal Audit Procedure, QSP-822-00, Rev G, dated 06/30/2016, requires that internal audits are conducted at planned intervals, however, the frequencies have not been defined. Additionally, your firm was not able to provide documentation to demonstrate that you conducted an internal audit of your quality system since 2015.
We reviewed your firm’s response and conclude that it is not adequate. While we acknowledge that your firm opened CAPA 1262, dated 10/30/2017, to address the lack of documentation for internal audits and frequency, the CAPA report lacks information as to who the CAPA was assigned, root cause, nor investigation. Further, you state that internal audits were conducted in 2015, 2016, and 2017, however, you have not provided supporting documentation to demonstrate that they were conducted by individuals who do not have responsibility for the area being audited. For example, your response states that the Quality Director conducted a high-level audit of the quality system in 2016. Please provide supporting documentation to demonstrate that management has ensured that the adequacy of your quality system has being adequately assessed by appropriate personnel at defined frequencies.
8. Failure to maintain a device master record (DMR), as required by 21 CFR 820.181.
Specifically, your firm failed to establish and maintain a device master record for the EpiCare Zenith device, that includes or refers to the location of all device, quality, production and process, packaging, labeling, and installation specifications.
We reviewed your firm’s response and conclude that it is not adequate. Your response states that an updated DMR was under review during the inspection, however, the EpiCare Zenith has been on the market since at least 2012, and you have not maintained an approved DMR for this device. Further, while you have provided an updated DMR for EpiCare Zenith, the record does not reference where the labeling could be located for this device. Please provide documentation to demonstrate that you have manufactured this device in accordance with established specifications for the EpiCare Zenith devices that have been, and will be, distributed.
9. Failure to establish and maintain procedures to ensure that equipment is routinely calibrated, inspected, checked and maintained as required by 21 CFR 820.72(a). Specifically, you have not calibrated or maintained calibration records for the following, including but not limited to:
a. The (b)(4), serial # (b)(4), model: (b)(4). This test unit was used during the production of EpiCare Zenith, serial # 504-17-718 ZTH. (b)(4) serial #(b)(4), requires an (b)(4) calibration, however, there were no calibration records for 2014, 2015, and 2016.
b. The (b)(4) serial # (b)(4), was used during the production of EpiCare Zenith, serial # 504-17-718 ZTH. The (b)(4), serial # (b)(4), requires an (b)(4) calibration, however, there were no calibration records for 2015 and 2016.
We reviewed your firm’s response and conclude that it is not adequate. While your response included calibration certificates for 2014, 2015, 2016 for the (b)(4) serial # (b)(4), you were not able to produce these records during the inspection. Additionally, your response provided a calibration certificate for (b)(4), serial #(b)(4), for 2016, however, you were not able to locate the certificate for 2015. Further, your response did not include revised a calibration SOP and does not indicate whether you have retrospectively reviewed all your test equipment to ensure calibration is current and associated calibration certificates are maintained.
10. Failure to maintain device history records to demonstrate that devices are manufactured in accordance with 21 CFR 820, as required by 21 CFR part 820.184. For example, the following DHRs lacked critical manufacturing and the devices have since been distributed, including but not limited to:
a. EpiCare Zenith, Serial #504-17-718-ZTH
1. The Optical Module Final Test Report lacked established specifications for before and after out power and calibration check; final burn in test was not completed or reviewed; final system pictures were not reviewed; overall efficiency for ALEX 755 nm and YAG 1064 nm percentage were not calculated; and failure to include measured diameter for spatial profile of headpiece.
2. The User Mode Test and Inspection had changes to before/after output power, pump chamber burn in tests, and set pulse rate without any justification.
b. EpiCare, Serial #504-17-719-ZTH
1. The Optical Module Final Test Report had two different values listed in the optical measurements section, for the ALEX pump chamber pressure values; lacked established specifications for the ALEX 755 nm and YAG 1064 nm rate specification; final burn in test was not reviewed; and final system pictures were not reviewed.
2. The User Mode Test and Inspection max fluence (LPX and DUO) at laser setting 15mm and meter setting 755nm is below the valid fluence range of 20-40 joules/cm². Further, the associated QA checklist was not completed, therefore, the device was released without QA approval.
c. EpiCare, Serial #504-17-721-ZTHA
1. The Optical Module Final Test Report lacked established specifications for pulse rates; overall efficiency for ALEX percentage was not calculated; and final burn in test and number of shots was not completed.
2. The User Mode Test and Inspection had an out of calibration result for the ALEX pd/calibration value.
3. The Prepare for Packing section failed to include completion of final inspection of documentation, quality assurances review, and authorization to ship approvals.
We reviewed your firm’s response and conclude that it is not adequate. Your response states that to address any residual non-conformances in the DHRs, Quality met with the department personnel involved in the completion of DHRs to identify where current processes may be streamlined to increase efficiency. However, you have not provided completed DHRs for the examples listed above. Further, your response does not indicate whether your firm has retrospectively reviewed all DHRs for devices which remain on the market to ensure they are complete and that Non-conforming results have been adequately investigated.
11. Failure to establish and maintain procedures for the identification, documentation, validation, or where appropriate verification, review and approval of design changes before their implementation required by 21 CFR 820.30(i).
Specifically, your firm implemented Engineering Change Notice (ECN) 11-006, dated 01/17/2011, which changed the (b)(4) in (b)(4) and changed (b)(4) for safety reasons for the EpiCare family of devices. There was no documentation to demonstrate that this design change was verified or validated and no indication that devices were manufactured against the revised (b)(4).
We reviewed your firm’s response and conclude that it is not adequate. Your response states that you made (b)(4) the to comply with international and US standards, and your ECN stated that you conducted the design change for safety reasons. While your response provided an example picture of a unit with the updated (b)(4), you did not provide evidence of validation or verification testing for this design change.
Our inspection also revealed that your firm’s EpiCare LPX is misbranded under Section 502(t)(2) of the Act, 21 U.S.C. § 352(t)(2), in that your firm failed or refused to furnish material or information with respect to the device that is required by or under Section 519 of the Act, 21 U.S.C. § 360i, and 21 CFR Part 803 - Medical Device Reporting. Significant deviations include, but are not limited to:
12. Failure to adequately develop, maintain and implement written MDR procedures, as required by 21 CFR 803.17. For example, after reviewing your firm’s MDR procedure titled: “Assessing and Reporting Complaints for Reportability”, QSP-918-000, Rev 1, dated July 1, 2015, the following deficiencies were noted:
a. The procedure does not establish internal systems that provide for a standardized review process to determine when an event meets the criteria for reporting under this part, as required by 21 CFR 803.17(a)(2). For example:
1. There are no instructions for conducting a complete investigation of each event and evaluating the cause of the event.
2. The procedure, as written, does not specify who makes the decision for reporting events to FDA.
b. The procedure does not establish internal systems that provide for timely transmission of complete medical device reports, as required by 21 CFR 803.17(a)(3). Specifically, the following are not addressed:
1. The circumstances under which your firm must submit supplemental reports and the requirements for such reports.
2. The procedure does not include a reference for the submission of MDR reportable events using the mandatory 3500A or electronic equivalent.
3. How your firm will submit all information reasonably known to it for each event. Specifically, which sections of the 3500A will need to be completed to include all information found in your firm’s possession and any information that becomes available as a result of a reasonable follow up within your firm.
c. The procedure does not describe how your firm will address documentation and recordkeeping requirements, as required by 21 CFR 803.17(b), including:
1. Documentation of adverse event related information maintained as MDR event files.
2. Information that was evaluated to determine if an event was reportable.
3. Documentation of the deliberations and decision-making processes used to determine if a device-related death, serious injury, or malfunction was or was not reportable.
4. Systems that ensure access to information that facilitates timely follow-up and inspection by FDA.
We reviewed your firm’s response and conclude that it is not adequate. Your response did not provide updates to your MDR procedures. If your firm wishes to discuss the MDR related issues noted above, please contact the Reportability Review Team by email at ReportabilityReviewTeam@fda.hhs.gov.
Your firm should take prompt action to correct the violations addressed in this letter. Failure to promptly correct these violations may result in regulatory action being initiated by the FDA without further notice. These actions include, but are not limited to, seizure, injunction, and civil money penalties. Also, federal agencies may be advised of the issuance of Warning Letters about devices so that they may take this information into account when considering the award of contracts. Additionally, premarket approval applications for Class III devices to which the Quality System regulation violations are reasonably related will not be approved until the violations have been corrected. Requests for Certificates to Foreign Governments will not be granted until the violations related to the subject devices have been corrected.
Please notify this office in writing within fifteen business days from the date you receive this letter of the specific steps your firm has taken to correct the noted violations, as well as an explanation of how your firm plans to prevent these violations, or similar violations, from occurring again. Include documentation of the corrections and/or corrective actions (which must address systemic problems) that your firm has taken. If your firm’s planned corrections and/or corrective actions will occur over time, please include a timetable for implementation of those activities. If corrections and/or corrective actions cannot be completed within fifteen business days, state the reason for the delay and the time within which these activities will be completed.
Your firm’s response should be comprehensive and address all violations included in this Warning Letter.
Your firm’s response should be sent electronically to: Gina Brackett, Acting Director of Compliance Branch at oradevices1actingdcb@fda.hhs.gov. Refer to the Unique Identification Number (CMS case #544047) when replying. If you have any questions about the contents of this letter, please contact: Stephanie Durso, Compliance Officer, at 973-331-4911 or email at stephanie.durso@fda.hhs.gov.
Finally, you should know that this letter is not intended to be an all-inclusive list of the violations at your firm’s facility. It is your firm’s responsibility to ensure compliance with applicable laws and regulations administered by FDA. The specific violations noted in this letter and in the Inspectional Observations, FDA 483, issued at the close of the inspection may be symptomatic of serious problems in your firm’s manufacturing and quality management systems. Your firm should investigate and determine the causes of the violations, and take prompt actions to correct the violations and bring the products into compliance.
Office of Medical Devices and Radiological Health
Division 1 East
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Researchers tackle issues surrounding security tools for software developers
For software programmers, security tools are analytic software that can scan or run their code to expose vulnerabilities long before the software goes to market. But these tools can have shortcomings, and programmers don't always use them. New research from National Science Foundation-funded computer science researcher Emerson Murphy-Hill and his colleagues tackles three different aspects of the issue.
"Our work is focused on understanding the developers who are trying to identify security vulnerabilities in their code, and how they use (or don't use) tools that can help them find those vulnerabilities," says Murphy-Hill, an associate professor of computer science at NC State University. "The one thing that ties all of our work together is that we want to help give programmers the best possible tools and help them use those tools effectively."
In the first of three related papers being presented next week at the Symposium on the Foundations of Software Engineering, a team of computer science and psychology researchers from NC State and Microsoft Research surveyed more than 250 developers on their experiences with security tools. The goal was to determine what influences a developer's use of these tools - and the findings were somewhat surprising.
For one thing, developers who said they worked on products in which security was important were not much more likely to use security tools than other programmers.
Instead, "the two things that were most strongly associated with using security tools were peer influence and corporate culture," Murphy-Hill says. Specifically, people who said they had seen what others do with security tools, and people whose bosses expected them to use security tools, were most likely to take advantage of the tools.
"This research gives software development companies and managers information they can use to effectively influence the adoption of security tools by developers," Murphy-Hill says.
But these tools aren't completely accurate. For example, they can tell programmers there's a problem where no problem actually exists. And the tools aren't always user-friendly. In short, the characteristics of the tools themselves can affect whether programmers choose to use them.
To shed light on how security tools support developers in diagnosing potential vulnerabilities, Murphy-Hill's team and collaborators from the University of North Carolina at Charlotte devised a separate study, effectively asking: do tools give developers the information they need to determine if there's a real problem and how to fix it?
In this study, the researchers gave 10 developers of varying backgrounds a specific security tool and a substantial chunk of open-source code to examine. The code contained known security vulnerabilities, which were identified by the security tool. Each of the study participants was asked to use the tool, inspect the source code, and say whether each security notification from the tool was real and how they would address the vulnerabilities.
"In many cases, the tool presented multiple possible fixes for a problem, but didn't give programmers much information about the relevant advantages and disadvantages of each fix," Murphy-Hill says. "We found that this made it difficult for programmers to select the best course of action."
The tool would also give developers multiple notifications that seemed to be related to each other - but the notifications didn't give developers information on exactly how the problems related to each other.
"This can be confusing for programmers, and lead to problems if developers don't fully understand how various problems are related to each other or how potential fixes might affect the overall code," Murphy-Hill says.
"More research is needed to really flesh these findings out - we need to expand this study to incorporate more programmers and more security tools," Murphy-Hill says. "But overall, we're hoping that this and related work can help programmers create more effective tools for use by the software development community."
One concept that Murphy-Hill and colleagues from NC State propose in a third paper is the idea of "bespoke" tools. The basic idea is to create tools that developers use - including security tools - that are capable of evolving over time as they are used, adapting to each programmer's particular areas of expertise.
"For example, programmers with expertise in addressing security vulnerabilities won't need a security tool that offers extensive information on all of the potential fixes for a given vulnerability - wading through that might slow them down," Murphy-Hill says. "So a bespoke tool might learn to offer only basic information about potential fixes for them. But the tool could also recognize that it needs to leave in that additional information for less security-savvy programmers, who may need it to make informed decisions."
These bespoke tools could learn about a programmer's strengths through both the programmer's interactions with the tool and by analyzing the programmer's code itself, Murphy-Hill says.
The Symposium on the Foundations of Software Engineering is being held Aug. 30 to Sept. 4 in Bergamo, Italy. Lead author of "Quantifying Developers' Adoption of Security Tools" is Jim Witschey, a former computer science graduate student at NC State. The paper was co-authored by Olga Zielinska, Allaire Welk, Murphy-Hill, and Chris Mayhorn of NC State and Thomas Zimmerman of Microsoft Research. Lead author of "Questions Developers Ask While Diagnosing Potential Security Vulnerabilities with Static Analysis," is Justin Smith, a Ph.D. student at NC State. The paper was co-authored by Brittany Johnson and Murphy-Hill of NC State and Bill Chu and Heather Richter Lipford of UNC-Charlotte. Johnson is also lead author of "Bespoke Tools: Adapted to the Concepts Developers Know." Co-authors are Rahul Pandita, Murphy-Hill and Sarah Heckman of NC State.
The research was supported by NSF under grants 1318323, DGE-0946818 and 1217700.
Matt Shipman
matt_shipman@ncsu.edu
@NCStateNews
http://www.ncsu.edu
Symposium on the Foundations of Software Engineering
SYSTEM SECURITY/HACKERS
https://news.ncsu.edu/2015/08/murphy-hill-security-2015/
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Plant growth requires teamwork between 2 hormones
Molecular mechanism of plant growth explained
This news release is available in German.
Two growth-promoting groups of substances, or phytohormones, the gibberellins and the brassinosteroids, are used independently of each other for the breeding and production of crop plants. A team of scientists at Technical University of Munich (TUM) has now discovered that the two act in concert - without brassinosteroids, a plant is unable to produce gibberellins.
For their current investigations, a research group at the Technical University of Munich, supported by scientists from the Helmholtz Zentrum Munich and the TU Braunschweig and headed by Professor Brigitte Poppenberger from the TUM used thale cress (Arabidopsis thaliana), a model research plant. The researchers wanted to examine the molecular mechanisms of brassinosteroids. Although it was well known how brassinosteroids are produced and how their signals are transmitted in plants, it was unclear how the growth promotion process is initiated.
What happens if the plant steroid is damaged?
The scientists used plants with mutations, which impaired the activity of brassinosteroids. They thereby discovered that these plants produced less gibberellin. As a result, the plants' germination was impaired, their growth inhibited and their flowering delayed. "The brassinosteroids are therefore necessary for the production of gibberellins - a mechanism that is highly relevant to the growth and development of plants," says Poppenberger, Professor for the Biotechnology of Horticultural Crops. The scientists were able to show that transcription factors are responsible for this mechanism. Transcription factors are proteins that regulate gene expression. Once activated by brassinosteroids, they initiate the production of gibberellin. "We've elucidated a molecular mechanism that is fundamental to cell elongation and division in plants," the head of the research group concludes.
Dwarf cultivars, such as balcony varieties of vegetables like tomatoes and cucumbers, as well as grain varieties were specifically selected for impaired brassinosteroid metabolism, says Poppenberger. "We now understand that these defects interfere with the mechanism of action of gibberellins. In barley, for example, this results in shorter stalks with better stability and higher yields," Poppenberger explains.
These short cultivars are called semi-dwarf varieties. They were bred as early as the 1950s and 1960s when the primary aim was to improve yields. The Nobel Laureate Norman Borlaug, known as the father of the green revolution, bred short-stalked wheat and rice. Coupled with intensified farming methods, these new crop varieties increased yields fivefold, preventing famines in Mexico and later China.
Brassinosteroids - the key to plant growth
Whereas external application of gibberellins has been utilized in agriculture for several decades, for example, to produce larger fruits or to obtain seedless fruits like grapes or tangerines, brassinosteroids have not been used in this manner. It would be too expensive. However, in plant breeding varieties with defects in brassinosteroid activity have been selected for, barley being a prime example. "These findings are an important step toward improving our understanding of how plant steroids work - and harnessing their potential for the breeding and production of crop plants," says Brigitte Poppenberger.
Unterholzner, S.J., Rozhon, W., Papacek, M., Ciomas, J., Lange, T., Kugler, K.G., Mayer, K.F., Sieberer, T. and Poppenberger, B. (2015). Brassinosteroids are master regulators of gibberellin biosynthesis in Arabidopsis.
DOI: 10.1105/tpc.15.00433
http://www.plantcell.org/cgi/doi/10.1105/tpc.15.00433
Prof. Dr. Brigitte Poppenberger
Biotechnology of Horticultural Crops
brigitte.poppenberger@wzw.tum.de
http://www.bgk.wzw.tum.de/index.php?id=2&L=1
Vera Siegler
vera.siegler@tum.de
@TU_Muenchen
http://www.tum.de
http://www.tum.de/en/about-tum/news/press-releases/short/article/32570/
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Public Release: 13-Jul-2016
Electricity generated with water, salt and a 3-atoms-thick membrane
EPFL researchers have developed a system that generates electricity from osmosis with unparalleled efficiency. Their work, featured in Nature, uses seawater, fresh water, and a new type of membrane just 3 atoms thick
Proponents of clean energy will soon have a new source to add to their existing array of solar, wind, and hydropower: osmotic power. Or more specifically, energy generated by a natural phenomenon occurring when fresh water comes into contact with seawater through a membrane.
Researchers at EPFL's Laboratory of Nanoscale Biology have developed an osmotic power generation system that delivers never-before-seen yields. Their innovation lies in a three atoms thick membrane used to separate the two fluids. The results of their research have been published in Nature.
The concept is fairly simple. A semipermeable membrane separates two fluids with different salt concentrations. Salt ions travel through the membrane until the salt concentrations in the two fluids reach equilibrium. That phenomenon is precisely osmosis.
If the system is used with seawater and fresh water, salt ions in the seawater pass through the membrane into the fresh water until both fluids have the same salt concentration. And since an ion is simply an atom with an electrical charge, the movement of the salt ions can be harnessed to generate electricity.
A 3 atoms thick, selective membrane that does the job
EPFL's system consists of two liquid-filled compartments separated by a thin membrane made of molybdenum disulfide. The membrane has a tiny hole, or nanopore, through which seawater ions pass into the fresh water until the two fluids' salt concentrations are equal. As the ions pass through the nanopore, their electrons are transferred to an electrode - which is what is used to generate an electric current.
Thanks to its properties the membrane allows positively-charged ions to pass through, while pushing away most of the negatively-charged ones. That creates voltage between the two liquids as one builds up a positive charge and the other a negative charge. This voltage is what causes the current generated by the transfer of ions to flow.
"We had to first fabricate and then investigate the optimal size of the nanopore. If it's too big, negative ions can pass through and the resulting voltage would be too low. If it's too small, not enough ions can pass through and the current would be too weak," said Jiandong Feng, lead author of the research.
What sets EPFL's system apart is its membrane. In these types of systems, the current increases with a thinner membrane. And EPFL's membrane is just a few atoms thick. The material it is made of - molybdenum disulfide - is ideal for generating an osmotic current. "This is the first time a two-dimensional material has been used for this type of application," said Aleksandra Radenovic, head of the laboratory of Nanoscale Biology
Powering 50'000 energy-saving light bulbs with 1m2 membrane
The potential of the new system is huge. According to their calculations, a 1m² membrane with 30% of its surface covered by nanopores should be able to produce 1MW of electricity - or enough to power 50,000 standard energy-saving light bulbs. And since molybdenum disulfide (MoS2) is easily found in nature or can be grown by chemical vapor deposition, the system could feasibly be ramped up for large-scale power generation. The major challenge in scaling-up this process is finding out how to make relatively uniform pores.
Until now, researchers have worked on a membrane with a single nanopore, in order to understand precisely what was going on. '' From an engineering perspective, single nanopore system is ideal to further our fundamental understanding of membrane-based processes and provide useful information for industry-level commercialization'', said Jiandong Feng.
The researchers were able to run a nanotransistor from the current generated by a single nanopore and thus demonstrated a self-powered nanosystem. Low-power single-layer MoS2 transistors were fabricated in collaboration with Andreas Kis' team at at EPFL, while molecular dynamics simulations were performed by collaborators at University of Illinois at Urbana-Champaign
Harnessing the potential of estuaries
EPFL's research is part of a growing trend. For the past several years, scientists around the world have been developing systems that leverage osmotic power to create electricity. Pilot projects have sprung up in places such as Norway, the Netherlands, Japan, and the United States to generate energy at estuaries, where rivers flow into the sea. For now, the membranes used in most systems are organic and fragile, and deliver low yields. Some systems use the movement of water, rather than ions, to power turbines that in turn produce electricity.
Once the systems become more robust, osmotic power could play a major role in the generation of renewable energy. While solar panels require adequate sunlight and wind turbines adequate wind, osmotic energy can be produced just about any time of day or night - provided there's an estuary nearby.
Lionel Pousaz
lionel.pousaz@epfl.ch
@EPFL_en
http://www.epfl.ch/index.en.html
ELECTRICAL ENGINEERING/ELECTRONICS
ENERGY/FUEL (NON-PETROLEUM)
HYDROLOGY/WATER RESOURCES
http://dx.doi.org/10.1038/nature18593
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Spain: Latest developments in working life Q4 2019
Industrial relations and social dialogue
Molina, Oscar
A Constitutional Court ruling on the dismissal of workers who are on justified sick leave and the derogation of the controversial 2012 labour market reform are the main topics of interest in this article. This country update reports on the latest developments in working life in Spain in the fourth quarter of 2019.
Court ruling sanctions dismissal for justified sick leave
In early November 2019, the Constitutional Court confirmed the possibility for employers to dismiss workers who had been on justified sick leave for at least 20% of working days over a two-month period. The ruling clarifies a preliminary ruling of a social court in Barcelona for the possible violation of the fundamental rights of a worker who was dismissed after missing nine days out of 40 (eight of them justified). The ruling endorses the dismissal of the employee and declares Article 52 of the Workers' Statute as modified in the 2012 labour market reform, in line with constitutional principles. In its ruling, the Constitutional Court weighed the ‘freedom of enterprise and defence of productivity’ for employers against the right of fair dismissal for workers.
The ruling was heavily criticised by trade unions and they announced their intention to bring the case before the European Court of Justice and the International Labour Organization (ILO). According to trade unions, this ruling violates ILO Convention 158 on termination of employment. Article 6 of this convention states that the ‘temporary absence from work because of illness or injury shall not constitute a valid reason for termination’.
Unai Sordo and Pepe Alvarez, the general secretaries of the two most representative trade unions in Spain (Trade Union Confederation of Workers' Commissions (CCOO) and General Workers’ Union (UGT), respectively) emphasised the dangers of forcing employees to go to work despite being sick. Moreover, they said that this ruling reinforced their claim to abolish the 2012 reform.
Antonio Garamendi Lencada, the Chair of the Confederation of Employers and Industries of Spain (CEOE), made a positive assessment of the ruling and welcomed any mechanism to fight against the high levels of absenteeism. According to him, fraud in absenteeism is ‘an economic disease’, which ‘goes up when things are going well and goes down when things go wrong’.
Spanish government: Boletín Oficial del Estado, Num. 36, Sábado 11 de febrero de 2012
Constitutional Court: Sentencia 2960–2019
Derogation of 2012 labour market reform is priority for new government
Since its approval in 2012, the labour market reform driven by the former Rajoy government has become a major source of conflict and disagreement between trade unions, employer organisations and governments. Trade unions have placed the abolishment of this reform as a necessary condition before they will engage in social dialogue around collective bargaining or the labour market. The coalition agreement signed between the Spanish Socialist Workers’ Party and Podemos in December 2019 included the derogation of the reform as one of its key priorities. More specifically, the document proposes derogating three key aspects of that reform:
the possibility of dismissal for absenteeism due to sick leave
limiting the temporal scope of the collective agreement, extending it to after the end of its validity and until the negotiation of a new one
prioritising the application of company-level collective agreements over sectoral collective agreements
It remains to be seen whether the coalition government appointed on 7 January 2020 and headed by Pedro Sánchez will be able to face an agreement with social partners on these issues or will need to unilaterally derogate these elements from the law.
PSOE and Podemos: Coalición Progresista. Un Nuevo Acuerdo para España
The coalition government formed after the general elections held in November 2019 unveiled an ambitious plan to fight against precariousness and promote quality employment. Among other policies, the new government wants to achieve this goal by derogating the 2012 labour market reform and developing a new Labour Code that would incorporate the protection of workers against social, technological and ecological challenges.
The new government has made its commitment to social dialogue clear, but the main employer organisation has already noted the risks of derogating the labour market reform.
The new government faces an uphill battle to reach a consensus with the social partners on these issues.
Living and working in Spain
Annual review of working life 2018
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Texas ends Medicaid funds to Planned Parenthood
What do we owe immigrants? Love, says Archbishop Gomez
CNA Staff, Jan 13, 2021 / 05:25 pm (CNA).- The governor of South Dakota asked state lawmakers on Tuesday to introduce a bill banning abortions based on a prenatal diagnosis of Down syndrome.
“The Declaration of Independence summarizes what we all know in our hearts to be true—that God created each of us and endowed all of us with the right to life. This is true for everyone, including those with an extra chromosome,” Gov. Kristi Noem (R) of South Dakota said at her 2021 State of the State address in Pierre.
Noem received a standing ovation after that line, from legislators and audience members in the house chamber of the state capitol.
She then asked legislators to “pass a law that bans the abortion of a preborn child just because that child is diagnosed with Down syndrome,” a request that also received applause from audience members.
On Fox News on Tuesday, Noem said that “every single life is precious, regardless of what situation the family is facing, and that every life is a blessing.”
She invited the family of former Wisconsin congressman Sean Duffy, a Catholic, to be present at her address; the youngest child of the Duffy family, Valentina, has Down syndrome.
“Valentina has given me as much joy and pride as any of my other little babies, and she’s an American, and she has a right to live just like everybody else,” Rachel Duffy said on Fox News on Tuesday, appearing alongside Sean and Valentina Duffy, and Noem.
“I would tell you it’s scary, because we were scared,” Sean Duffy recalled of receiving the Down syndrome diagnosis for their child. Yet, he added, “this little girl is the favorite of our family.”
Noem mentioned Iceland in her address on Tuesday, as one of the European countries “on pace to virtually eliminate children with Down syndrome” through abortion.
“Now as South Dakotans, and frankly, as human beings, we should all be appalled by this. We are better than that,” she said.
In Iceland, according to a 2017 CBS News report, nearly 100% of babies diagnosed with down syndrome are aborted. As CNA reported, only 18 children with Down syndrome were born in Denmark in 2019, the lowest number on record there.
In contrast, according to CDC estimates, around 6,000 babies with Down syndrome are born annually in the United States, although abortions based on a prenatal Down syndrome diagnosis are still common.
Other states in recent years, including Tennessee, Ohio, Indiana, and Mississippi, have enacted bans on abortions conducted because of a prenatal diagnosis of Down syndrome.
South Dakota was one of the states to sign on to a brief supporting Tennessee’s discrimination abortion ban before the courts. In November, 18 states supported Tennessee’s law banning abortions based on an unborn child’s race, sex, or Down syndrome diagnosis. The legislation is facing legal challenges.
San Francisco archdiocese hosting webinar on future of the pro-life movement
White House won’t give plans on Hyde Amendment, Mexico City Policy
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History of Esso in the UK
Esso began life as the Anglo American Oil Company in 1888. It was the first foreign affiliate of John D Rockefeller's US company the Standard Oil Trust. It had a head office at Bishopsgate, London, and a depot at Purfleet in Essex. The depot stored paraffin being shipped from New York for use in lamps throughout England.
Photo — The stables at Ailsa Wharf, one of the first four distribution depots established in 1888 by Anglo-American Oil (as Esso then was). Distribution was carried out by horse drawn tank car until after WW1.
Just one year later the company began bulk distribution of refined petroleum products in the UK. Two steam tanker vessels, 'Bayonne' and 'Manhattan' were commissioned to import oils from America.
In 1890, Anglo-American leased a three acre site at Broad Pill, Avonmouth for the construction of oil storage tanks, and two years later the company began to supply gas oil for the manufacture of town gas.
By 1896 the company had issued its first UK advertisement for 'Pratt's Petroleum', which was named after Charles Pratt, one of the founders of Standard Oil.
By 1900, and after only 12 years in the UK, the company had created a national operating network - including 1,000 horses working for the company.
Photo — In 1910 a horse drawn van used by the Anglo-American Oil Co. for the delivery of 2-gallon cans of petroleum spirit on the Isle of Wight.
In 1905, King Edward VII granted a Royal Warrant to the company for the supply of 'Pratt's Perfection Motor Spirit', and there were some 3,500 sales agents around the country offering the company's wares.
By the start of the First World War in 1914 the company was importing 14 million gallons of fuel per year to the UK, though sales of lamp oil would continue to exceed those of motor fuel until two years later.
Following the war, Anglo-American became the first in the UK to install a kerbside petrol pump - at Hale in Cheshire.
In 1925 Anglo-American acquired control of the British-Mexican Petroleum Co. Ltd, which included 10 storage and bunkering plants, a large fleet of motor lorries and eight 10,000 gallon distribution tankers.
The following year, the Esso brand was launched in the United States, but it would not be introduced in the UK until 1934. However, all the company's fuel brand names were changed to Esso within a year - the Pratt's brand name remained in use for lubricant products until the 1950s.
In 1938, Anglo-American began production at the UK's first oil well in Dalgeith, Scotland, which produces 10-20 barrels a day.
At the start of the Second World War, the company's tanker fleet was requisitioned by the UK Government to maintain fuel supplies to the UK. More than 350 employees died at sea during the war and by the war's conclusion only 15 Esso vessels remained. The company's Purfleet terminal on the east coast of England suffered considerable bombing damage during hostilities, but was never out of action for more than two weeks at time. Operation PLUTO ('Pipeline Under The Ocean') supplied petroleum from the Anglo-American refinery at Fawley for the D-Day landings.
In 1949 major construction work began at Fawley to create the UK's largest refinery. Two years later, on 14 September 1951, Prime Minister Clement Atlee officially opened the new Fawley Refinery, which was processing 124,000 barrels of crude oil per day within a year. A petrochemicals plant was constructed alongside the refinery and began operations in 1958.
Photo — 1957-This truck (equipped with a metering device and ticket printer) was used to deliver Esso Blue kerosene to householders in London.
In 1962 Esso began delivering supplies of ethylene from Fawley to the ICI works at Severnside by pipeline, the first Esso distribution pipeline in the UK. Two further pipelines, this time to a fuel terminal in Staines, were opened the following year.
Photo — 1963 - A workman applies a concrete coating to one of the pipes from Fawley to London to protect them from any damage which may occur on the river bed.
Also in 1963, Anglo-American opened an office in London to oversee a series of seismic surveys in the North Sea. Shell and Esso established a joint operation the following year, which succeeded in obtaining 75 blocks in the UK's first Licensing Round in 1965, with Shell Expro as the operator for the joint venture. That same year, the first North Sea exploration well was spudded by the joint venture, and within a year the operation had discovered the Leman Bank and Indefatigable gas fields.
Photo — 1962- Card punching and checking equipment installed at Esso’s New Head Office. It was one of the finest installations of this kind in the UK.
In 1969 Esso opened its first self-service petrol station and a year later launched its first World Cup Coins football promotion.
Photo — 1969 - Every detail of Stoneham Service Station was designed to meet the needs of the do it yourself motorist.
The Leman gas field came on stream in 1968, supplying gas to the Bacton Terminal on the UK's east coast by pipeline. The Indefatigable field came on stream in 1971 and the world famous Brent field was found to be commercial in 1972. Development of the Brent field continues apace, and by 1976, a 36 inch (1m) oil pipe was installed to bring crude oil from Brent to Sullom Voe.
Esso's parent company, Standard Oil Company (New Jersey) changed its name to Exxon Corporation in 1972.
By 1977, more than four million tons of crude oil from the North Sea had been refined at Fawley Refinery. That same year a semi-submersible barge is used to lay the Far North Liquids & Associated Gas System (FLAGS) pipeline to recover gas from the Brent field.
Esso shops were introduced at service stations in 1980, aimed at providing 'corner shop' convenience to motorists when they refuel, and Esso opened new fuel pipelines to Gatwick Airport in 1983, and to Birmingham and the north west of England in 1985.
Exxon Corporation merged with the Mobil Oil Company in 1999, creating Exxon Mobil Corporation.
About us Article •
History of Mobil in the UK
Mobil's roots in Britain go back to 1885 when Vacuum Oil, a US company producing superior lubricating oil, opened a sales office in Liverpool.
An industry leader in almost every aspect of the energy and chemical manufacturing businesses, we operate facilities or market products in most of the world’s countries and explore for oil and natural gas on six continents.
Exxon Mobil Corporation is committed to being the world's premier petroleum and chemical manufacturing company. To that end, we must continuously achieve superior financial and operating results while adhering to high ethical standards.
Standards of business conduct
How we achieve strong results is as important as the results themselves. The company's directors, officers and employees are expected to observe the highest standards of integrity in conducting business.
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Fairfield Scout completes Eagle project
Owen Weber at the fence he and other volunteers installed at an Audubon Society property in Westport.
FAIRFIELD — Owen Weber, a junior at Fairfield Ludlowe High School and Troop 82 Boy Scout, completed his Eagle Scout project, which supports an ongoing effort to increase the population of grassland birds in our area.
A massive undertaking, Owen’s project is benefitting grassland birds and the community. The multi-faceted project involved installing a fence and building and placing bird boxes for a Connecticut Audubon Society property in Westport.
After intensive planning, Owen began implementing his project on June 29-30, 2019 by leading a team of 15-plus scouts, parents, friends and neighbors in putting up a 450-foot split rail fence on Sasco Creek Road. The benefit of the fence is two-fold. It replaces an unsightly edge near the road that had been overtaken by invasive weeds and is therefore aesthetically pleasing and, more importantly, it provides a perch for birds which helps them with feeding. With temperatures in the 90s, digging 45 holes for the posts and laying the beams in place took well over 100 man-hours and was no small job.
In November, after securing and prepping the materials, Owen then completed the next step in his project. He took all the supplies needed to a Troop 82 meeting where he demonstrated the building of one bird box, which will be used by birds for nesting. He then instructed and led other scouts in building five more to be placed on the same Audubon property as the fence.
Finally, the last week of November, Owen returned to the same property with all the bird boxes, poles and baffles that he constructed and installed them strategically throughout the field which his fence now defines.
When asked how he feels having completed a project of such magnitude, Owen replied, “I’m happy that I could convert a seemingly abandoned field into something more meaningful.”
Charles Stebbins, CT Audubon Society Sanctuary Committee chair, having watched the progression of the project from the start, was justifiably impressed. “Perching (fence) and nesting (boxes) will greatly enhance the habitat for important grassland birds like the blue birds, tree swallows, goldfinch and kingbirds. Owen is every inch a doer, a leader and a deserving Eagle Scout! Thank you, Owen and team!”
Owen thanked Charles Stebbins, who donated the fence posts and beams, West End Lumber, which donated wood for the bird boxes, and The Pantry, which donated lunch to the crew who built the fence in July.
The Eagle Project is the opportunity for a Boy Scout to demonstrate leadership of others while performing a project for the benefit of his community. It is the culmination of the Scout's leadership training and requires a significant effort on his or her part. The project must benefit an organization other than the Boy Scouts of America and cannot be performed for an individual or a business or be commercial in nature. Completing an Eagle Project is a requirement in order for Scouts to attain the Eagle Scout rank.
Boy Scout Troop 82 is a nationally recognized member of Boy Scouts of America and has been an active Boy Scout Troop since the 1920's at The First Church Congregational in Fairfield. Troop 82 meets every Thursday at 7:30 p.m. at The First Congregational Church on Beach Road in Fairfield and holds an open enrollment policy.
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Genworth Financial (GNW) Q3 2020 Earnings Call Transcript
GNW earnings call for the period ending September 30, 2020.
Motley Fool Transcribing
(MFTranscribing)
Nov 5, 2020 at 10:02PM
Image source: The Motley Fool.
Genworth Financial (NYSE:GNW)
Q3 2020 Earnings Call
Nov 05, 2020, 8:00 a.m. ET
Call Participants
Prepared Remarks:
Good morning, ladies and gentlemen and welcome to the Genworth Financial's third-quarter 2020 earnings conference call. My name is Jennifer, and I will be your coordinator today. [Operator instructions] I would now like to turn the presentation over to Tim Owens, vice president of investor relations. Mr.
Owens, you may proceed.
Tim Owens -- Vice President of Investor Relations
Good morning and thank you for joining Genworth's third-quarter 2020 earnings call. Our speakers are once again remote this morning, so please excuse any sound quality or technical issues that may arise. Our press release and financial supplement were released last night, and this morning, our earnings presentation was posted to our website and will be referenced during our call. We encourage you to review all of these materials.
Today, you will hear from our president and chief executive officer, Tom McInerney, followed by Dan Sheehan, our chief financial officer and chief investment officer. Following our prepared comments, we will open up the call for a question-and-answer period. In addition to our speakers, Kevin Schneider, chief operating officer, will be available to take your questions. During the call this morning, we may make various forward-looking statements.
Our actual results may differ materially from such statements. We advise you to read the cautionary notes regarding forward-looking statements in our earnings release and related presentation as well as the risk factors of our most recent annual report on Form 10-K as filed with the SEC. This morning's discussion also includes non-GAAP financial measures that we believe may be meaningful to investors. In our financial supplement, earnings release and investor materials, non-GAAP measures have been reconciled to GAAP where required in accordance with SEC rules.
Also, when we talk about results of our Australia business, please note that all percentage changes exclude the impact of foreign exchange. And finally, references to statutory results are estimates due to the timing of the filing of the statutory statements. And now I'll turn the call over to our president and CEO, Tom McInerney.
Tom McInerney -- Chief Financial Officer and Chief Investment Officer
Thank you very much, Tim. Good morning, everyone and thank you for joining our call. First, I'd like to discuss the status of our pending transaction with Oceanwide. Then I'll touch on progress across several Genworth's other strategic priorities and provide a brief overview of our strong third-quarter results before turning the call over to Dan Sheehan, Genworth's chief financial and investment officer.
Earlier this week, Genworth announced that Oceanwide had made significant progress toward the Hony Capital funding and other requirements in order to close the Oceanwide transaction. As indicated in the documentation submitted to Genworth, Hony Capital expects to be able to finalize the $1.8 billion financing in November. Oceanwide is also focused on the funds in Mainland China that will provide the remaining amount of capital required to pay for the total purchase price of $5.43 per share, so that we can close the transaction by November 30, subject to timely receipt of regulatory approvals and clearances. Additionally, Oceanwide had made progress in the China regulatory process, submitting updated information and requesting confirmation of the extension of the acceptance of the filing from the Chinese National Development and Reform Commission or NDRC.
We are extremely pleased with Oceanwide's progress and update. Genworth's chairman, Jim Riepe, and I have maintained regular communication with chairman Lu and Oceanwide throughout this process, and we will continue to maintain a dialogue with them as they were to complete the remaining steps to close. We are hopeful that Oceanwide's transaction funding will be completed in time to close the transaction by November 30, without the need for an additional extension. We look forward to providing further updates as we work toward a successful closing of the transaction.
In parallel with the transaction process, we have remained focused on executing well and continuing to enhance Genworth's liquidity position in order to meet our ongoing capital obligations. These plans include raising $750 million of debt at U.S. MI holding company level which we completed in the third quarter. Certain of those proceeds will be used to address our $338 million of debt maturing in February of 2021 which Dan will discuss as part of our overall liquidity position in his remarks.
We also continue to take steps to prepare for a potential IPO of our U.S. MI business. We are making good progress on these efforts, and we'll continue to take steps to position ourselves to launch an IPO, subject to market conditions, if the China Oceanwide transaction is further delayed or terminated. We are also making great progress on our multiyear LTC rate action plan or MYRAP which remains essential to stabilizing our legacy long-term care insurance business.
Year to date, we have received approvals on $595 million of annualized in-force premiums representing a weighted average premium increase of 29% or $173 million of annual incremental premiums going forward. On a cumulative net present value basis, since 2012, Genworth has now achieved approximately $13.5 billion of approved LTC premium rate increases. We are committed to developing industrywide solutions to enhance the vitality of long-term care insurance industry through our continued involvement with the NAIC and its long-term care insurance executive task force. To this end, NAIC subgroup was recently formed to focus on LTC insurance-reduced benefit options.
We are working to identify options and develop recommendations to provide customers with more choices regarding modifications to their LTC contract benefits where policies are no longer affordable due to rate increases. Before I turn the call over to Dan, I will provide a high-level overview of our financial performance for the third quarter. We delivered strong net income of $418 million and adjusted operating income of $132 million led by outstanding performance in our U.S. mortgage insurance business.
The COVID-19 pandemic continued to impact Genworth's businesses in a number of ways. In the third quarter, we saw sequential improvement in unemployment trends, lower levels of new mortgage delinquencies relative to the second quarter and a robust mortgage origination market, all of which benefited the U.S. MI business. Mortality remained elevated relative to the prior year which had a mixed impact on the LTC and life insurance businesses.
U.S. mortgage insurance reported adjusted operating income of $141 million compared with an adjusted operating loss of $3 million in the prior quarter and adjusted operating income of $137 million in the prior year. The sequential improvement was driven by lower delinquencies and incurred but not reported or IBNR, favorability. U.S.
MI achieved $26.6 billion and new insurance written during the quarter, up 41% versus the prior year driven primarily by higher refinance originations and a larger private mortgage insurance market. At the end of the quarter, U.S. MI's PMIERs sufficiency ratio was 132%, an excess of $1 billion above the published requirements. Our Australia MI business reported adjusted operating income of $7 million, up from $1 million in the prior quarter and down from $12 million in the prior year.
Capital levels remained strong with approximately AUD 300 million above management targets. In response to continued uncertainty in the macroeconomic environment, we are preserving capital in Genworth mortgage insurance subsidiaries, and, therefore, we do not expect to receive further dividends from the mortgage insurance businesses in 2020. The amount and timing of dividends in 2021 will depend on a variety of factors including the timing of economic recovery from COVID-19. In U.S.
life insurance, we delivered adjusted operating income of $14 million, up from a loss of $5 million in the prior quarter and a loss of $1 million in the prior year. This total included an adjusted operating loss of $69 million in life insurance due primarily to higher amortization of deferred acquisition costs versus the prior quarter and year, offset by adjusted operating income of $59 million in long-term care insurance and $24 million in fixed annuities. In long-term care insurance, we are still seeing higher-than-normal claim terminations in part due to COVID-19 as well as lower incidence of new claims. We have strengthened our IBNR reserves as a result and are continuing to monitor these trends closely.
I am proud of the continued strong execution across our teams, all of whom are continuing to deliver excellent service to our customers in a remote work environment. Out of an abundance of caution, we have decided to maintain our office closures and work-from-home status until a safe vaccine is widely available to the general public. Based on recent vaccine guidance, we will not open our offices any earlier than June 1, 2021. While uncertainty remains high, we are confident that we're taking the right steps to position our businesses to navigate uncertainty focusing on the factors we can control, continuing to operate effectively and maintaining strong capital positions in our mortgage insurance businesses.
We will continue to maximize the company's value for our shareholders by taking proactive steps to improve our financial flexibility, while working tirelessly toward a successful conclusion of the merger with Oceanwide. With that, I'll now turn the call over to Dan.
Dan Sheehan -- Chief Financial and Investment Officer
Thanks, Tom and good morning, everyone. Today, I will cover our financial results for the third quarter, capital positions of our subsidiaries and holding company liquidity. While we continue to face challenges created by the pandemic, I'm pleased with the overall progress made in each of these areas during the quarter with improved earnings, strong capital ratios in our mortgage insurance businesses and incremental liquidity at the holding company. We reported net income available to Genworth shareholders for the quarter of $418 million and adjusted operating income of $132 million.
The primary driver of the difference between adjusted operating income and net income was $250 million of net gain from the sale of U.S. Treasury scripts and our life insurance business, as we continue to reposition the portfolio at a time when the market value of those securities had appreciated significantly. The U.S. mortgage and housing market has remained resilient through this period of uncertainty with improving home prices, a very large origination market and moderating delinquencies from the earlier peak.
Our U.S. MI business has benefited from its participation in this market which includes strong underlying mortgage credit quality fundamentals. We're pleased with the performance of the business and the improvement in delinquency and loss trends. U.S.
MI's third-quarter financial results improved sequentially primarily driven by lower levels of new delinquencies and incurred but not reported reserve or IBNR, favorability. For the quarter, U.S. MI had adjusted operating income of $141 million and reported a loss ratio of 18%. While new primary delinquencies during the third quarter were still elevated versus pre-COVID levels, they were down 66% sequentially, with approximately 75% of new primary delinquencies being reported in forbearance plans which may cure in an elevated rate.
Our assumed eventual claim rate or roll rate for the quarter's new delinquencies once again blended a lower expectation of claims for delinquencies currently in forbearance plans with a higher expected claim rate for delinquencies outside of the forbearance plan. We continue to rely on our past hurricane-related roll rates which were materially lower given prior effectiveness of forbearance and our experience to set for forbearance roll rates through the pandemic. In addition to improvement in new delinquencies, U.S. MI released $23 million of the $28 million increase of IBNR reserves that was established in the prior quarter as new delinquency trends improved.
Our servicer reported forbearance trends which are a leading indicator of delinquencies, have declined from peak levels in May and ended the third quarter with 6.7% and or 61,200 of our active primary policies reported in a forbearance plan, with 63% of those in forbearance being reported as delinquent. We ended the quarter with 49,700 total primary delinquencies or a delinquency rate of 5.4%, both of which decreased sequentially as cures outpaced new delinquencies in the quarter. Primary new insurance written in U.S. MI was $26.6 billion in the quarter, up 41% versus the prior year primarily driven by higher refinancing activity and a larger private mortgage insurance market.
We estimate our market share will be strong, but down sequentially, as our updated view of risk under the prevailing conditions impacted our participation in forward commitment transactions and our decision to adjust our pricing more generally. While our primary Insurance In Force has grown 15% versus the prior year, lower persistency partially offsets the strong new business levels. In Australia, the economy continued to recover with stability in the unemployment rate and moderating declines in home prices, although it will be some time before the economy fully recovers to pre-COVID levels. During the quarter, the Australian federal government and Australia's large banks extended the home and business loan deferral program which will allow eligible borrowers additional assistance beyond the original six-month forbearance period.
Approximately, 7% of total Australia households are utilizing these programs, down from 11% last quarter. For Australia MI, approximately 3% of our insured loans or 31,000 loans, are currently participating in these forbearance programs, down from over 48,000 loans at June 30, 2020. Under Australia regulatory guidelines, these loans are not reported as delinquent. The business increased its loss reserves by USD 18 million last quarter and $24 million this quarter to account for current macroeconomic conditions, disruption to normal delinquency patterns and uncertainty regarding payment holiday deferrals.
Adjusted operating income for Australia for the third quarter was $7 million, up from $1 million in the prior quarter and down from $12 million in the prior year. U.S. GAAP loss ratio for the quarter was 37% which was lower than the prior quarter, 63% and slightly higher than the prior year. Low interest rates and gradually improving consumer confidence following the initial COVID-19 lockdown drove $5.5 billion of flow NIW which was up 14% sequentially and 17% versus the prior year.
Consistent with prior years, in the fourth quarter of 2020, our mortgage insurance business in Australia is expected to complete its annual review of its creaming and earnings pattern. In addition, the business will continue to assess the appropriateness of its loss reserves, as the pace of the economic recovery and changes to delinquency patterns including payment holiday deferrals become clearer. Turning to U.S. life.
The segment reported adjusted operating income of $14 million for the third quarter, our U.S. life businesses continue to experience elevated mortality across all of our products, in part, attributable to the COVID-19 pandemic. We also continue to experience negative impact on DAC amortization and reserves from our 20-year term and 10-year term universal life insurance blocks, as they enter their post level premium period. Net investment income for U.S.
life was up sequentially and versus the prior year included higher limited partnership income as well as favorable inflation adjustments on U.S. treasury inflation protected securities. In long-term care, claim terminations were significantly higher in the third quarter versus the prior year and flat to the prior quarter. Although we do not require debt certificates for LTC terminations and cannot make a direct attribution to official causes of death.
We do believe some degree of incremental terminations were the result of COVID-19, and we continue to monitor these trends closely. Although new claim in curls on Choice 1 and Choice 2 blocks continue to grow with bay age, we've experienced favorable development on IBNR claims from lower new claim incidence overall. Since the start of COVID-19 pandemic, new claims submissions have decreased further, driving additional favorable IBNR development. However, we do believe that this more recent reduction in incidence is temporary reflecting delays in reporting claims due to social distancing and shelter-in-place protocols and that our incidence experience will ultimately resemble previous trend.
As a result, we've further strengthened our IBNR by $24 million in the quarter. The overall IBNR calculation will be reviewed and recalibrated during our fourth-quarter assumption review. Shifting to in-force rate actions for LTC, the overall benefits were slightly lower than the prior quarter and prior year, as illustrated on Page 10 of the investor presentation. While the benefit reductions from in-force rate actions remained strong in 2020, they're lower relative to 2019 which benefited from several large state implementations.
Our filing activity for new rate actions also accelerated during the third quarter, and we expect that to continue through the remainder of the year. These filings include newer product series for which we've not requested rate increases in the past. They also include a variety of benefit reduction alternatives which we've seen more policyholders select. During the quarter, Genworth received approvals impacting $338 million of premiums with a weighted average approval rate of 28%.
We remain engaged with state regulators on the importance of actuarially justified rate increases. In addition to the approvals we've received so far this year, we're also working on current filings and hope to secure additional significant approvals during the fourth quarter of 2020. Turning to life insurance. Overall mortality for the quarter was elevated versus the prior quarter and prior year.
The third quarter included an estimate of approximately $12 million in COVID-19-related claims based upon death certificates received to date. Absent the COVID-19 impacts, mortality would have been flat versus the prior quarter but modestly higher versus the prior year. The term life insurance business was negatively impacted by shock lapses that continue to be higher than our original locked-in assumptions, as more of the large 20-year level premium term life insurance business written in the year 2,000 entered the post-level premium period during the quarter. Total term life insurance stack amortization, a noncash impact primarily related to these term-life lapses, reduced earnings by $34 million after tax which is unfavorable compared to the prior quarter.
As sales levels declined in the second half of 2000, we expect amortization related to term policies entering the post-level period to begin to decrease in the fourth quarter and into 2021. Going forward, given smaller block size and reinsurance agreements in place, we would expect term deck amortization on policies entering the post-level period to be lower than what we observed in 2019 and thus far in 2020. Life insurance results also continue to be negatively impacted by losses in our term universal life insurance product. As a reminder, this is driven by a dynamic of GAAP reserve build on certain of these policies, as they enter their post-level premium period without the offsetting premium revenue due to premium grace periods.
Though the impact in the current period was smaller than the prior quarter, we expect this negative dynamic will persist in the fourth quarter of 2020 and into the first half of 2021, after which the number of policies lapsing should exceed the number of policies entering the premium grace ticket. In fixed annuities, lower net spreads compared to the prior quarter and prior year pressured earnings which was mostly offset by higher mortality and single premium immediate annuities. In the runoff segment, our adjusted operating income was $19 million for the third quarter. The segment benefited from equity market improvement during the quarter, though equity market performance was not as strong as it was in the second quarter.
For our U.S. life insurance companies, we're in the process of completing our annual review of key actuarial assumptions in the fourth quarter for each of our product lines as we've done in prior years. As with most insurers with long duration products, we're focused on assumptions related to our long-term view of interest rates and current portfolio yields which impact loss recognition and statutory cash flow test. In addition, certain of our universal life insurance products with secondary guarantees require separate testing on a statutory basis using the prescribe reinvestment rate from July to June each year.
Given the declining rates during this period, we currently believe that we will likely need to increase statutory reserves by approximately $200 million in 2020 which would equate to roughly a 15- to 20-point reduction in risk-based capital our Genworth life insurance company or GLIC. For LTC, we expect to finalize the claims reserve review, concurrent with the active life reserve review also in the fourth quarter. While this work is ongoing, current trends do not indicate a need to strengthen the claims reserve as assumptions appear to be holding up in the aggregate. For corporate and other, our adjusted operating loss is $49 million for the third quarter.
This loss was higher versus the prior quarter primarily attributable to tax adjustments. Our approximately $79 billion cash and investment portfolio continues to perform well given the uncertain macroeconomic environment. The fixed maturity unrealized gain position continued to improve, reaching $9.2 billion at the end of the quarter reflecting improvements in the credit markets, benign credit migration and minimal impairments. Turning to capital levels.
Our U.S. and Australian mortgage insurance businesses maintained strong capital positions at the end of the third quarter. In U.S. MI, we finished the quarter with a PMIER's sufficiency ratio of 132% and or approximately $1.1 billion above published requirements as of September 30, 2020.
The decline in our PMIER's sufficiency versus the prior quarter was driven by strong new business levels partially offset by elevated lapses and the acceleration of the amortization of our existing reinsurance transactions. In addition, capital credit from our 2009 to 2019 excess of loss contract decreased as delinquency development has been more favorable than previously expected. These impacts were only partially offset by strong business cash flows. In October, as part of our normal credit risk transfer program, we completed an insurance-linked note transaction which will provide an additional $350 million of PMIER's credit and would result in a PMIER sufficiency ratio of 147% against published requirements.
The PMIER's sufficiency calculation continues to include the effect of the 30% multiplier for eligible delinquencies associated with COVID-19. As we noted in the press release, the GSEs recently imposed certain capital restrictions on our U.S. MI business including the requirement that GEMICO maintained 115% of PMIER's minimum acquired assets which will remain in effect until certain conditions are met. Our Australia MI business ended the quarter with an estimated prescribed capital amount or PCA ratio, of 179% which is approximately AUD 300 million above the high end of the management target range of 132% to 144%.
Post quarter end, the business redeemed the remaining portion of its Tier 2 debt due in 2025, leaving only AUD 190 million outstanding due in 2030. We estimate capital in Genworth life insurance Company or GLIC, as a percentage of company action level RBC to be approximately 240% as of the end of the third quarter, up approximately 15 points from the second quarter. The improvement was primarily driven by LTC performance and a reduction in reserves on variable annuities related to the continued equity market recovery. For holding company cash, we ended the quarter with $814 million in cash and liquid assets or approximately $450 million above our targeted cash buffer.
Approximately $340 million of the holding company cash balance is ring-fenced for our February 2021 senior notes maturity which we plan to pay at that time. Page 16 of the investor presentation provides the quarterly detail including cash inflows of $436 million from the recent U.S. MI debt issuance and intercompany tax payments of $23 million. Cash uses in the quarter include $125 million paid to AXA in July as part of the agreed-upon settlement, $59 million for debt service and $18 million for 2021 debt repurchases that were made during open windows during the quarter.
For upcoming holding company debt obligations, we have principal balances of $338 million, maturing in February 2021 and $659 million, maturing in September 2021. As we noted last quarter, we're not expecting dividends from our mortgage insurance businesses for the rest of 2020 to preserve capital in these subsidiaries, given the uncertainty of COVID-19. To fully address the September 21 maturity, we continue to prepare for an IPO of our U.S. MI business, subject to market conditions, if the transaction with Oceanwide is further delayed or terminated.
Our agreement with Oceanwide affords us flexibility to pursue this or other paths to strengthen our liquidity position. In closing, we've taken numerous steps to improve the liquidity and financial flexibility of our holding company as well as position our business to navigate these uncertain times. We're pleased with the financial progress and remain focused on providing value to all of our key stakeholders. With that, let's open it up to questions.
[Operator instructions] We'll go first to Howard Mills with Deloitte.
Howard Mills -- Deloitte -- Analyst
No. I'm sorry, I did not intend to ask question. Thank you.
[Operator instructions] We'll go next to Stan Mercer. Stan, your line is open.
Unknown speaker
I did not intend to ask a question. I'm sorry.
We'll go next to Sean Perkins with Waterfall Asset Management.
Sean Perkins -- Waterfall Asset Management -- Analyst
Thanks for having the call guys. I just wanted to clarify a couple of things related to potential Oceanwide closing and/or the potential IPO -- equity IPO of the U.S. MI subsidiary. Could we walk through the sequencing of those events, if possible at all?
Sure, Sean. Thanks for the question. So as we disclosed earlier in the week, based on information from Oceanwide and documentation they submitted to Genworth, we expect that the Hony Capital funding will occur in November, and they're gathering the funds. I mean obviously they have a lot of different sources of cash in Mainland China.
So they're gathering that to put it in an account. But they do need approval -- reapproval, if you will, from the NDRC, and SAFE has to authorize exchange. Based on everything we know, we're hopeful that we can close by the end of the month with no need for an extension. On the U.S.
MI IPO, we're continuing to operate assuming there isn't a deal closed obviously to be cautious, although we're cautiously optimistic that we will be able to close the deal. And so we're doing all the steps. The filings that have to be done with SEC. There's some time up here, etc.
I think probably a lot on the call is familiar with that. And so our view is that we would be in a position to launch an IPO, subject to market conditions. Right now, they're pretty positive. And obviously, the U.S.
MI business is doing well, recovering from COVID-19. And so our current plans, if there is no deal, would be to launch an IPO sometime in the first half of next year.
Got it. And in such that they're mutually exclusive, is there any scenario in which you closed China Oceanwide transaction and still move forward with any form of IPO U.S. MI?
Well, yeah. I mean, yeah, that's another good question, Sean. I would say, look, I think that U.S. MI is a valuable business.
I would say we're disappointed on the management team that the rating agencies don't give us full credit for the terrific performance of our U.S. MI business. I mean I think the team there -- I've been here eight years now almost, the team there has had I think awesome results over the last eight years. They continue to do very well on the earnings side.
They've got significant excess capital, above PMIER's requirements. As Dan mentioned that if you include the ILN deal we did in the fourth quarter, we're at 147%. So I don't know why the U.S. MI ratings aren't higher.
Whether we do the deal or not, one of the things that we're working with the rating agencies and to some degree the GSEs on is, if we did have an IPO, so there's some public float for U.S. MI that should be a significant positive for ratings. And I think the ratings should be higher and more consistent with our competitors, given the performance of U.S. MI is equal or better than most of our competitors.
So that is -- it's possible it'll be up to the -- obviously, the new Board postclosing. But there is a possibility that we would decide to do the IPO anyway if by doing that that allows us to get to the ratings that we think we deserve now. Does that makes sense?
Yeah, it does. And I really appreciate that disclosure. As it relates to the -- just on the AXA settlement, would there be any proceeds from the China Oceanwide closing that have been earmarked or would be earmarked for any form of the same on the AXA settlement?
Another good question, Sean. So the -- in the Oceanwide closing, we think that will close by the end of the month. We do provide in the transaction but there's $1.5 billion of new capital coming into Genworth, apart from the purchase price, the $2.7 billion that goes to shareholders at $5.43 per share. But the $1.5 billion that's going to come in three tranches of $500 million each, one at the end of January of '21, one at the end of April, one at the end of July.
And so we believe with the $814 million of cash we have on hand, with that $1.5 billion, potentially an IPO, as we just talked about, Sean. But those -- the cash of $814 million and $1.5 billion and that's $2.3 billion. And so we think that that is -- will go toward reducing the liabilities of the 2021 debt which is around $1 billion. And then we owe AXA under the note into tranches in 2022.
And then -- so that is the expectation in terms of what proceeds from the further investment by Oceanwide, how will be used? I think that in the cash, there are other possibilities, other investments in the different businesses. But our main focus will be on using that $1.5 billion plus cash on hand. And certainly, any dividends we get next year in the future from the MI subsidiaries to pay off the 2021 debt and retire the AXA liability in 2022.
Very helpful. Thanks so much.
Very welcome Sean. Thanks for the questions.
We'll go next to Manuel Garcia with Anchorage.
Manuel Garcia -- Anchorage -- Analyst
Hi, guys. A couple of questions. One, for the Hony Capital. I think in the past, one of the reasons you described the holdup was that Hony itself isn't providing the $1.8 billion.
They were going to get a bunch of LPs behind them to provide it. Has that now been received? Do they have all that capital, all the funding for the $1.8 billion already approved and it's just a matter of getting the regulatory approval?
Manuel, thanks for the question. Yes I would say I think we're in very good shape on the $1.8 billion. I think the Hony and the partners have been arranged pretty much and the 35% of the funding comes from Mainland China, I think that's in good shape. Obviously, we are dependent on the actual funding of those together, the $2.7 billion on the approval of NDRC and then the SAFE authorization, the window, how that conversion process works.
We do think that -- I mean obviously, I don't want to get ahead of the Chinese regulators, that's their decision to make. But from the beginning, based on a number of conversations that I had with [Inaudible] Chairman Lu, who is very close to all of them. We do believe that they continue to support the deal. So [Inaudible] it would be November 5 day.
So the next three weeks or so, we hope those approvals come in from NDRC and SAFE. And then the money would be wired out in Mainland China and then Hony Capital would transports $1.8 billion and then we'd be able to close the deal by the end of November. So that's the plan.
Yeah. Yeah. No, no, I don't think the concern has been the regulator. I guess the concern has really been does Hony have the $1.8 million.
I guess the answer is it does. The answer is yes or not yet?
I think based on everything we've heard, we think the Hony Capital, $1.8 billion is in good shape.
That's in good shape. OK. OK, thnak you for that. The second question I had is for the $1.5 billion of new capital in the three subsequent tranches, is that money already financed and locked in or is there going to be a process next year of getting that capital improvement? What's the new updated source of that $1.5 billion? And any uncertainty of it actually coming into post deal closing?
Again, going back all the way to the beginning of the deal, a significant reason that the Genworth regulators are supportive of the deal is because of that $1.5 billion. So it's a big part of the transaction. And I think all the regulators at Genworth and Genworth itself have done their due diligence, some $1.5 billion. And so on that, Oceanwide can rely on their total businesses around the world and capital.
And so again, based on the conversations we've had in documentation on the $1.5 billion, we and the regulators are comfortable that those $500 million tranches will come in as scheduled.
OK. And then, sorry, my final question was you had some commentary on the U.S. MI business. I think you talked about losing some market share, though obviously still being a pretty solid market share.
You talked about being a little more conservative. Did you see pricing weaken this last quarter? What made you take a more conservative approach than your competitors?
Yeah. Manuel, I would say -- I think you all to be a little careful when you look at quarter-to-quarter market share because that's been based on a lot of different things. But I'll ask Kevin Schneider, who's our chief operating officer, to give you a more precise answer in terms of -- we think the NIW is very strong in the quarter. But I think Kevin can give you a little bit more details on how the business saw the opportunities and what we did from a new business perspective.
So Kevin, over to you.
Kevin Schneider -- Chief Operating Officer
Thanks, Tom. Our market share is -- continually is impacted by the execution of our go-to-market strategy. And that's including, but not limited to our price competitiveness, relative to our peers and in particular, in the last year in our selective participation in some forward commitment transactions. We do estimate that our shares down from the prior quarter.
As Tom mentioned, we regularly -- market share moves around. We gain some, we lose some at the customer level on a quarter-to-quarter basis. But I guess what I would tell you is we've pulled back in some price-sensitive areas of the market. We didn't do quite as much of the forward commitment business.
Managing our new business volumes is like managing a portfolio. We're always trying to manage the risk and the reward return trade-off associated with it. And with the extensive volume that was available in the market at this time, we chose to trim back some of that and think our share is down a little bit. But we feel very good about our share level and the level it will still come in at.
And we think we are poised to continue to drive strong share and perhaps additional share progression going forward. This is a competitive market, and it's always going to be competitive. And we react to that with an eye on maintain the returns we're trying to achieve for our business.
Well, just in terms of that point, and I totally agree, I think maintaining market share in a bad environment, it's not a good idea. So I think that's totally valid. But did you see pricing weaken? Like if you look on a like-for-like basis, is that what made you pull back and say, the program business that you just highlighted, was it -- do you think -- are there increasing risks that you see that make you more concerned? Just trying to get a sense of that point. It's not a criticism of lower market share, it's more, just trying to understand what did you see that made you want to pull back a bit, as you said?
No. We had a very strong market share in Q2. And there was -- I would say there was some enhanced pricing competition in the Q3, but nothing really out of black. We remain cautious on this environment.
And what's going to happen and play out with COVID overall? We think the credit quality of the business we've been writing has been very strong. And then you compare it to the last big down cycle and it's just a much small -- or stronger business volume. So maybe a little bit of competition, but just all in a day's business and the U.S. mortgage insurance business.
Yeah. And the other thing I would add, Manuel, if I look at our operating plan for 2020, I can tell you that we did not expect we'd be writing new NIW more than $25 billion in any of our quarters this year. So we you go back to the second quarter, it was over $28 billion. And this quarter, over $26 billion.
So it's always hard to know what other competitors are doing. But from my perspective and looking at the goals of U.S. MI, I think they're well above their expectations this year in terms of NIW being written. And I think it's good execution I think by the team.
And as they say, they -- again, we're very disappointed with the ratings. We think the ratings for U.S. MI are wrong. And we do think that the rating because we are lower than our competitors, even though we operate as well or better than the competitors, we think that has some issue.
Despite all that, I'm extremely pleased with how well Kevin, Rohit Gupta, the people running U.S. MI have done. So we're very pleased with the level of NIW. And as Kevin mentioned, the most important thing is we continue to price new business in the mid-teens.
And so if you look at a 70 basis point risk rerate, pricing, that amount of new business, over $25 billion in the last two quarters of NIW in the mid-teens I think has a lot of value to U.S. MI and ultimately to Genworth.
All right. Thank you guys very much.
We'll go next to Geoffrey Dunn with Dowling & Partners.
Geoffrey Dunn -- Dowling & Partners -- Analyst
Thanks. Good morning. I just wanted to follow up on that MI line of questioning. Is your sense -- with the market share declined sequentially, is that primarily due to the loss forward commitment contract or are you pulling back in other aspects of the traditional flow market?
I would say, Geoff, that it's -- I'm sorry, excuse me.
Yeah, I was going to take that. Thanks for the question. I have to turn it over to Kevin to answer your questions on U.S. MI.
I would say, as I mentioned, we were a little bit more selective in our participation of that business. It was conscious, and it's not necessary that we lost anything, Geoff. But that is probably the most price-sensitive channel in the market. And so we -- it was at that level and not really pressured from the rest of the market space.
OK. And then I think the general consensus back in the second quarter was, on average, pricing was up 10%, 20% from pre-COVID. Do you think that still is generally the case?
Right. I think overall, that was probably -- that's probably in the ballpark. We -- it's probably backed off a little bit. But Geoff, it's still above the level that we -- as we entered into this period.
And it's starting to reflect some of the performance we're seeing as the forbearance trends come down and as delinquency start to decline and as the cures are doing a good job against the new delinquency. So we see overall a pretty good environment, and it's on a good trend. So I think we're still up compared to where we started, maybe not the full 20% but backed off a little bit.
OK. And then last question, if Biden ends up winning and pushing through the shift in corporate tax rates. The industry passed on all the tax savings back in the spring of '18. What is your sense in terms of pricing power and actually need to increase pricing in that scenario to maintain returns?
If we are -- if our returns are impacted negatively from a subsequent change in the tax approach under a Biden presidency, I think we're pricing the cost -- our cost, and we'd have to respond and to maintain existing returns to our customers. So I think it would -- we took advantage of when the tax rate went down. We passed that along to the customers, and we may have to push some of that back if taxes go up.
We'll go next to Howard Amster with Amster Trading.
Howard Amster -- Amster Trading -- Analyst
Congratulations on a great quarter, Tom. I did want to ask you a question on AXA, where you might get some money back from some of the banks that sold the insurance? And I'm wondering how that's going? What's the time line on that? And the second question is, can you just go over again the increases that you're proposing for the long-term care?
Sure. Thanks, Howard, for both of those questions. Good morning. So on AXA, we made the settlement.
As part of the settlement, there are still some invoices coming in from AXA, and we gave the market a view that we thought that would be a little over GBP 100 million of new -- the invoices that we're in, but that will sort of be passed through. And I think that's all proceeding pretty much as we expected. As I have said on a number of previous calls and as you know, Howard, I spent 11 years in Europe. So I'm very familiar with all of these insurance and banking cases in terms of the misselling.
And the precedent is that in almost all cases in the end, the banking partner -- because they developed the selling and insurers did not, the banking partners were held responsible. And so my view is that's still the case. The bank here is Bank of San Antonio. And I would think going forward, we ultimately -- AXA will ultimately be successful in pursuing recoveries.
And as we said, as part of our agreement with AXA, we would share to the extent we've made payments in that. So that all has to go through a process. And that's really more AXA's decision than ours. But again, the president would say that at some point in the future, we would get recovery.
On the LTC side, we went through the numbers, $595 million of premiums, approval average of 29%. I mean that's $173 million. In a net present value basis, our cumulative is now 13.5% a day. I will tell you, we have several large states in our LTC premium approval queue, if you will, where we anticipate that we will receive good increases.
And because they're big states, they're obviously more meaningful. It's always a little hard to predict exactly when they'll come in. But I do expect in the fourth quarter, we'll have some good success. Overall, I'm very, very pleased.
Our multiyear rate action plan that we've been working on since 2014, we updated every year as assumptions are updated. So we change assumptions, increased assumptions, increased reserves. We're able to, more or less, offset that with LTC premium increases. And I think that continues to be the case.
I would say -- you know there's this NAIC long-term care task force, 44 commissioners, I think are on that. And by and large, I would say that the NAIC and almost all the states, strong support approving these premium increases. It's -- in the end, it all goes to pay claims to their policyholders. And that's part of our obligation to make sure those claims are paying.
So I think the LTC, premium increases continue to go well. They've been going well for the last five or six years. And I think that will continue. I do think today versus three or four years ago, it seems like the regulators are more open and willing because I think they have seen over the last five or six years as all the claims that come in, for the whole industry, that these are actuarially justified premium increases.
And if they are actuarially justified, their requirement is to grant them. They spread them out more than I would like. I think that they're doing that to make it easier for our policyholders which is understandable. But we are still getting a net present value that we anticipated under the multiyear rate action plan.
So I think that's a plus.
You're welcome Howard. Thanks.
Ladies and gentlemen, we have time for one final question coming from Charles West with Balyasny.
Unknow speaker
Thanks. Sorry, I was on mute. I wanted to follow up on the financing question for the Oceanwide transaction. And Oceanwide has a pretty complicated corporate structure.
And one thing I just wanted to clarify since the documents that they provided regarding the financing aren't available is that there appears to be some real estate projects in the United States where Hony Capital is buying assets from Oceanwide. I just want to make sure that the financing for the Genworth transaction isn't subject to those real estate transactions closing because the numbers that we're talking about are pretty similar.
So Charles, great question. The Hony Capital funds that are looking at the San Francisco property and then the funds for our deal are totally separate funds of Hony Capital. In the transaction, it's sort of a bridge loan to Oceanwide two years provided by the Hony Capital Mezzanine Fund LP which is a -- it's a listed fund. And then for the San Francisco property, the -- there is a Hony Capital real estate fund that is the counterparty in that transaction.
So both Hony Capital as a general partner and limited partners, these are different funds with different priorities. One is real estate fund and the other is a mezzanine debt fund.
Ladies and gentlemen, I will now turn the call back over to Mr. McInerney for closing comments.
Thank you very much, Jennifer. And I also want to thank everybody for joining the call. I also want to thank the questions. I think all of you asked very good questions, and I know a lot of investors are interested in.
So thank you for that. That gave us a chance to I think give a little bit more perspective on those. I do want to reiterate that we're very pleased with the progress that Oceanwide is making since the update previous to the one we did on Monday. They've made great strides in finalizing the financing of Hony Capital as well as from Mainland China.
And I think they've -- we're in good shape and updating all the necessary filings. Obviously, they're waiting for the final approval or reapproval from NDRC and then the SAFE actions. But we're hopeful that based on everything we know and the documentation we've received that we can close the transaction by the end of November. We still think it's the best value for our shareholders, and we are hopeful that we'll be able to close without an additional extension.
In the meantime, we're running the company, focusing our strategic priorities including the debt financing that we did. We said around $50 million at the U.S. MI holding company level. We're full speed ahead on the IPO.
And I think if you look at the U.S. MI results, I think they were fantastic in the quarter. Australia had a good quarter, and we have the ongoing challenges in the life insurance business because we had a lot of business that was written 20 years ago that's coming through with the end of a level term and the lapse rates are higher than the assumptions made 20 years ago. And so that has an impact on that.
That's a noncash charge, and we expect -- and Dan gave you a little bit of perspective on that. But despite that, overall, for that -- the division, the U.S. life division which includes LTC and fixed annuities, I think at $59 million and $24 million, respectively, it was a good quarter. So I think, particularly, as you put it at and I'd say particularly U.S.
MI in the context of we're still challenged as a country and I guess, as a global economy with COVID-19. So when I look at the third quarter, the $418 million net income and the $132 million of adjusted operating income, I think it's just a very strong quarter, and that bodes well, obviously. I think China Oceanwide and chairman is encouraged by the quarterly results. And so hopefully that will continue.
Obviously, COVID-19 is still a significant issue, and we'll see how that plays out. The cases are going up. So it's something obviously to focus on. Again, thanks to everybody for your interest and your support of Genworth as shareholders.
And with that, I'll turn the call back over to Jennifer.
Call participants:
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Genworth Financial, Inc.
NYSE:GNW
Why Genworth Financial Stock Plummeted Today
Why Shares of Genworth Financial Are Up Today
Here's Why Genworth Financial Stock Is Soaring Today
Why Genworth Financial Stock Soared Today
Genworth Financial (GNW) Q3 2020 Earnings Call Transcript @themotleyfool #stocks $GNW Next Article
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1834 Jake Alexander Boulevard West
Suite 504 Salisbury, NC 28147
Is there any image that illustrates the comforts of babyhood better than a sleepy infant sucking his or her thumb? Ultrasound pictures have shown, to the joy of many prospective parents, that this behavior can even occur in the womb. The thumb- or finger-sucking habit seems to relax and comfort toddlers too, and it's perfectly natural. But as a child grows, there comes a point where this habit isn't just socially awkward — it may also be harmful to his or her oral health.
In most children, thumb sucking stops on its own between the ages of two and four years. But if the practice persists after the primary (baby) teeth have erupted, it can drastically change the growth patterns of the jaw, and cause significant misalignment of the teeth. It may be hard to believe that such a benign habit can actually move teeth and bone — but there are a number of reasons why this occurs.
Children's jaws, rich in blood supply and growing rapidly, are relatively soft and flexible — especially in kids under the age of 8. So it really isn't hard for the constant pressure of a thumb or finger to deform the soft bone around the upper and lower front teeth. Children who are particularly vigorous thumb suckers are even more likely to change the growth patterns of the teeth and jaws.
If the thumb sucking habit persists, it can result in the upper front teeth flaring out and the lower ones moving back and inward. It can also hold back the growth of the lower jaw, while causing the upper jaw to be thrust forward. This can result in misalignment of the teeth, an anterior open bite (where the front teeth fail to close together), collapse of the upper jaw causing crossbite, or other problems. That's why it is important to stop the behavior at an appropriate time, before damage occurs.
Controlling Thumb or Finger Sucking
Like many potentially harmful behavior patterns, thumb sucking can be a difficult habit to break. Through the years, parents have tried a variety of home remedies, such as having the child wear gloves, coating the digits with a bitter-tasting substance — and even reasoning with their toddlers. Sometimes it works — but in other cases, the allure of thumb sucking proves very difficult to control.
If your child has a thumb or finger sucking habit that has persisted past the age of 3, and you've been unable to tame it, then it may be time for you to visit the dental office for a consultation. A “habit appliance” such as a fixed palatal crib or a removable device may be recommended for your child. This crib isn't for sleeping — it's a small metal appliance worn inside the mouth, attached to the upper teeth.
How does it work? The semicircular wires of a palatal crib keep the thumb or finger from touching the gums behind the front teeth. Simply preventing this contact seems to take all the enjoyment away from the thumb sucking habit — and without that pleasurable feedback, a child has no reason to continue the behavior. In fact, the device is often successful the first day it's worn.
Getting and Using a Habit Appliance
If your child could benefit from a habit appliance, the first step is to get a thorough examination, which may include taking x-rays, photographs and dental impressions. If it's recommended, a crib will then be custom-fabricated to fit your child's mouth, and placed at a subsequent appointment. Afterwards, your child will be periodically monitored until the appliance is removed — typically, a period of months.
Although wearing the crib isn't painful, your child may experience some soreness in the upper back teeth for a few hours after it's first installed. He or she may also have a little trouble falling asleep for a day or two afterward. Plenty of extra attention and TLC are usually all that's needed to make everything all right. While the appliance is being worn, it's best to avoid chewing gum and eating hard, sticky food that might cause it to come loose.
A Word About Tongue Thrusting
Like thumb sucking, tongue thrusting is a normal behavioral pattern in young children. It's actually part of the natural infantile swallowing pattern, which will normally change on its own — by the age of six, in most children. If the pattern doesn't change, however, it can lead to problems similar to those caused by thumb sucking: namely, problems with tooth alignment and skeletal development. Fortunately, this problem can be successfully treated with a habit appliance that's very similar to a fixed palatal crib.
How Thumb Sucking Affects The Bite Thumb sucking can actually block the front teeth from erupting fully and can also push the teeth forward — sometimes more on the side where the thumb rested. How far out of position the teeth end up will depend on the number of hours per day the thumb was in the child's mouth and how much pressure was applied. When the pressure exerted by the thumb in the mouth is particularly strong and occurs over a long period of time, the forces can potentially influence growth of the jaws... Read Article
Donald Fortner DMD
1834 Jake Alexander Boulevard West Suite 504, Salisbury North Carolina, 28147 704-636-1848
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Chicago-area U.S. soldier killed in attack at Kenya military base
A U.S. solider from the Chicago area was among three people killed in an attack on a military base in Kenya.
HAZEL CREST, Ill. - A U.S. solider from the Chicago area was among three people killed in an attack on a military base in Kenya.
The family of Henry Mayfield Jr. of Hazel Crest confirmed his death Monday. The 23-year-old held the rank of Army Specialist.
Two other Americans, both contractors with the U.S. Department of Defense, were also killed Sunday by al-Shabab extremists at Manda Bay Airfield.
“I last spoke with him New Year’s Day via FaceTime,” said Mayfield's mother, Carmoneta Horton-Mayfield. “We discussed him not having to go to Somalia and he told me everything was good and safe at his base. He told me everything would be OK. Those were his last words to me.”
Mayfield joined the Army in 2018 after a year in college and was most recently stationed at Fort Rucker in Alabama, said his father, Henry Mayfield Sr.
He said his son had been in Kenya since October, installing and maintaining heating-and-cooling systems.
“He was looking for better opportunities, but also he enjoyed serving,” Mayfield Sr. said. “He was that kind of kid. He would help. It fit him. It was good for him. He enjoyed being in the Army.”
Al-Shabab, based in neighboring Somalia, claimed responsibility for the assault.
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One year later: Police provide update on search for Rogers Park killer
By Elizabeth Matthews
Investigators Tuesday gave an update exactly one year after a gunman shot and killed two men in Rogers Park, apparently, at random.
CHICAGO - Investigators Tuesday gave an update exactly one year after a gunman shot and killed two men in Rogers Park, apparently, at random.
A 24-year-old Orthodox Jew was killed in Loyola Park while he was playing Pokémon Go. Police say they’ve exhausted all leads and need the public’s help.
“Someone has information, friends, family, a loved one. We are asking they come forward and contact the police,” said Commander Robert Cesario, CPD Area North Division.
Two men were killed within 36 hours of each other one year ago, the 24-year-old and a 73-year-old gay man.
The so-called Rogers Park killer is still on the loose, seen in surveillance video walking with a distinct gait.
First, 73-year-old Douglas Watts was killed execution-style while walking his dog outside of his home in the 1400 block of West Sherwin.
The day after his death, suburban Pastor John Elleson was on his way to go visit that crime scene.
“I was going to walk down the street and say a prayer for the community,” said Pastor Elleson.
However, before he could make it there, he spotted a police officer.
“I was like half a block away so I followed him and his lights weren’t on I don’t think,” said Pastor Elleson. “I got out of the car and asked him what was going on and we saw the body.”
The pastor was one of the first on the scene where Eliyahu Moscowitz was fatally wounded.
“I was thinking if it was my son or something, I would want somebody there with him,” said Pastor Elleson.
Chicago police believe the same man using the same gun, a 40 caliber that ended up on the city’s West Side in two shooting incidents, killed both men.
“As you know we've tracked a gun that found its way to another crime scene, while there’s no indication that offender was connected,” said Commander Cesario.
There is a $150,000 reward for information leading to an arrest.
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IOC reprimands Ice hockey chief Fasel
By | Reuters
By Karolos Grohmann
DUBAI (Reuters) - One of the world's most powerful winter sports chiefs, Rene Fasel, escaped any serious punishment when the IOC chose to reprimand him Wednesday for a conflict of interest over broadcasting rights.
"The Executive Board found that by helping a person with whom he was friends to offer his services to the company responsible for exploiting the television and the marketing rights of the IF of which he is President, and thereby obtaining substantial financial advantages for him, Fasel was in breach of the Rules Concerning Conflicts of Interests...and his conduct was likely to tarnish the reputation of the Olympic Movement," the IOC said in a statement.
It said Fasel, also a member of the powerful IOC Executive Board, had helped his friend's company clinch a deal with the company controlling the rights and was 'personally' involved in various marketing contract negotiations.
ADMISSION OF GUILT
"There has never been any consulting agreement between myself and Infront (the company controlling TV and marketing rights of the IHHF)," he said.
"I have, however, helped a long-time friend to offer his services to Infront, and I have privately supported him in the implementation of his mandate.
"For example, I have helped him with opening doors in the Asian market to get access to the Asian sports network. Today, I realize that this likely was a case of poor judgment. For this I apologize," Fasel had said.
While the IOC said the "reputational damage is all the greater given Fasel's important responsibilities within the IOC," it had opted to reprimand him for his behavior and not to remove him from any of his IOC posts.
"Respecting the principle of proportionality and taking into consideration the apologies offered by Fasel, the Ethics Commission considers it necessary to recommend that the Executive Board remind Mr Ren Fasel of his duty to respect the Olympic Charter and the Code of Ethics and to issue him with a reprimand," it said.
Fasel's punishment, despite his senior position, is lighter than in the most recent cases, where less senior members were reprimanded and banned from sitting on any IOC commission for five years.
(Editing by Miles Evans)
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Los Angeles Dodgers promote 1B John Lindsey after 15 years in minor leagues
SAN DIEGO – John Lindsey has finally reached the big leagues after 15 years in the minors.
The Los Angeles Dodgers purchased Lindsey's contract from Triple-A Albuquerque on Monday. The 33-year-old first baseman spent time in the minors with four organizations.
Lindsey won the Pacific Coast League batting title with a .353 average. He also had 25 homers and 97 RBIs in 107 games.
The Dodgers also recalled right-handers John Ely and Jon Link, and infielder Chin-lung Hu. They purchased the contract of third baseman Russ Mitchell.
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Coalition Ground Forces Gather More Firepower
WASHINGTON – U.S. ground forces in central Iraq are gathering fresh combat power, probing defenses and allowing time for allied airpower to weaken Iraq's Republican Guard around Baghdad before launching a multi-pronged attack on the capital, officials said Wednesday.
The speed of the initial U.S. ground attack into Iraq from Kuwait last week led many to assume Baghdad would be assaulted soon, but now that appears to be many days away.
Severe sandstorms are affecting the timetable. Apache helicopters that made an initial round of strikes against armor of the Medina division of the Republican Guard on Monday have been grounded since. More Apaches are being brought to the area.
Another snag has been the persistence of fighting around An Najaf, which compelled elements of the 3rd Infantry Division to encircle the city about 90 miles south of Baghdad instead of driving northward.
The United States also opened a northern front Wednesday by dropping 1,000 paratroopers of the Army's 173rd Airborne Brigade into an unspecified location in Kurdish-controlled territory in northern Iraq. Their tanks, other vehicles and supplies will be airlifted in behind them.
A key question was whether the Republican Guard troops -- the best trained and equipped of Saddam Hussein's military forces -- would make the first move by coming out of their dug-in positions on the outskirts of Baghdad, either to attack or to pull back into the urban center.
Reports from the battlefield Wednesday indicated a portion of the Al Nida armored division of the Republican Guard was driving south toward U.S. forces. Others said hundreds of suspected paramilitary forces in civilian vehicles were on the move in roughly the same direction.
Gen. Richard Myers, chairman of the Joint Chiefs of Staff, said "a few" Iraqis vehicles were heading south from Baghdad toward Karbala, and U.S. warplanes were attacking them. He spoke to reporters Wednesday evening after briefing Senate members on progress in the war. Myers said the vehicles did not appear to be tanks or other armored vehicles.
"They're being engaged as we find them," Myers said.
If there is to be a battle for Baghdad -- and U.S. war planners hope they can topple Saddam's government without one -- it appears the spearheading units, the 1st Marine Division and the Army's 3rd Infantry Division and 101st Airborne Division, are in no hurry to begin.
First they want U.S. and British air power to pound the Republican Guard troops protecting the capital. During the 1991 Gulf War, the Republican Guard was hit with airstrikes until U.S. officials believed its firepower had been reduced by 50 percent. It was only then that the main ground war began.
Loren Thompson, a defense expert at the private Lexington Institute, said air power would need to make up for the relatively light firepower on the ground.
Allied warplanes flew more than 1,500 missions over Iraq Wednesday, including 600 strike stories, a defense official said. The main targets were the Medina and Hammurabi divisions of the Republican Guard and Iraqi leadership targets in Baghdad, the official said.
Iraq's regular army units have not put up much of a fight, although irregular forces like the Fedayeen Saddam -- shock troops not under the military's command -- have launched guerrilla-style raids.
Maj. Gen. Victor Renuart, director of operations for Central Command, which is running the war, told reporters that an important aspect of the original war plan was to close quickly on the Republican Guard divisions "because they are so key to Saddam's success."
But as for when U.S. forces would open a full-scale attack, Renuart said that would be a judgment call for Gen. Tommy Franks, the top commander, in close consultation with his battlefield leaders.
The 3rd Infantry, with more than 200 tanks and other armored vehicles, has been approaching Baghdad from the south, on the west side of the Euphrates River. The 1st Marine Division is driving on a parallel route on the east side of the Euphrates, and at some point the 101st Airborne division may leapfrog to the west or north of the capital, defense officials said.
The 101st Airborne -- the air assault unit known as the Screaming Eagles -- has moved its 3rd Brigade within striking of Baghdad, according to Col. Michael Linnington, the brigade commander.
"We are one tank of fuel from Baghdad," he told an Associated Press reporter traveling with him Wednesday. His and other airborne units were paralyzed by persistent storms.
"The 101st is grounded and we're not doing what we do best, which is air assault operations and attacks," he said. "Once we get the weather break we will restore the offensive to the north."
He said the division's 1st Brigade was expected to join his unit by Thursday and the 2nd Brigade soon afterward. That would bring the division up to its full strength of 20,000 troops.
"When the Screaming Eagles strike, everybody will know," he said.
U.S. special operations forces, meanwhile, parachuted into a desert landing strip in western Iraq as part of missions to keep Iraq from firing missiles at Israel, a senior defense official said. Several hundred U.S. special forces are in northern Iraq, the official said, declining to elaborate on their mission.
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Tony Carbajal puts Victory's latest bagger through its paces
Tony Carbajal might not be a household name here in the UK, but the man’s skills on a motorcycle have landed him roles in major Hollywood movies and TV series.
He and his stunt-riding teammate, Joe Dryden, aren’t strangers to letting loose on two wheels and earlier this year they teamed up with Victory motorcycles to set a Guinness world record for the longest burnout on one of its new Octane models.
Joe set a record of 2,23 miles but since then, Tony has continued to explore the bike’s stunt riding capabilities and Victory have continued to allow him to beat the living daylights out of its bikes.
The Octane, which mates a 1200cc liquid-cooled V-Twin with an ultra-lightweight chassis, typically uses its 104hp to cruise the sunny streets of California, but Carbajal decided to take it to a dry lake bed and prove that baggers don’t have to be boring.
“It was kind of a Mad Max theme,” he explains. “Unleashing some of the Octane’s fury upon the desert.”
“It has been my goal to show what Octane is capable of right out of the box with little to no modifications.”
The resulting imagery is some of the maddest motorcycle action we’ve seen in a long time.
Lucid Air: the next must-have EV
Triumph launches new Bonneville Bobber
With 1,000hp and a 400-mile all-electric range, this is one to look out for in 2018
Custom scene now the mainstream as British firm creates modern café racer
Hanging with the hipsters at Wheels & Waves: France's coolest bikes and boards bash
Spyder Senses
A quest to find perfect Spanish tarmac for BRP's madcap Can-Am Spyder F3T
A Californian in Norway – Part Three
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Atlanta Falcons sign team president Rich McKay to 5-year extension
The Atlanta Falcons announced a five-year contract extension with team president Rich McKay on Tuesday.
McKay will remain with the team at least through June 2022, serving as president and chief executive officer of the Falcons as well as president of owner Arthur Blank’s AMB Sports & Entertainment.
McKay was hired by the Falcons in 2004 and served as general manager for four seasons. After being bumped up to team president, he helped pushed through Mercedes-Benz Stadium, a $1.5 billion, retractable roof facility that opens this summer to replace the Georgia Dome.
McKay also helped secure an MLS expansion franchise, Atlanta United, which is owned by Blank and opened play this season.
Prior to joining the Falcons, the 58-year-old McKay was general manager of the Tampa Bay Buccaneers for 10 seasons. He is an influential player in league circles, serving as chairman of the competition committee and helping negotiate the current collective-bargaining agreement with the players.
In addition, McKay worked prominently on Atlanta’s efforts to land the College Football Playoff championship game in 2018, the Super Bowl in 2019 and the Final Four in 2020 — all to be held at Mercedes-Benz Stadium.
“Rich has been so important to our businesses and Atlanta’s growth for many years,” said Steve Cannon, CEO of Blank’s AMB Group. “Rich is a great champion of our core values and will continue to be a strong leader in our organization and community for years to come.”
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Contact us (Tel: +353 1 882 8344 Email: bookings@finnmccoolstours.com)
DUBLIN TOURS
BELFAST TOURS
GALWAY TOURS
All tours have been paused till 1 March 2021. Sorry for the inconveniences.
Carrick-a-Rede Rope Bridge
As a rule, Ireland on its east coast (sharing the waters of the Irish Sea with England) is largely industrial. Ireland on its west coast, however (sharing the waters of the North Atlantic Ocean with America), is largely unspoiled. The county of Antrim (from the Irish, Aontroim, meaning “lone ridge”) is beautiful in its own way.
Belfast, hardly renowned for its natural beauty, is located here. But so is the Giant’s Causeway, one of the most interesting coastal landscapes in the world. The Glens of Antrim, which roam to the coast and shine like beacons in summer, are designated Areas of Natural Beauty. Rathlin Island, at the northernmost point of Northern Ireland, only 15 miles from the Mull of Kintyre in Scotland, is one of only 43 Special Areas of Conservation and is home most impressively to the penguin-like Common Murre, Atlantic Puffin and Razorbill families of birds. Additionally present on the island is a herd of seals that lingers about the rocky coastline in search of sun.
Lough Neagh, the largest lake in Ireland and the 31st largest in all of Europe, features considerably in County Antrim, where it can be met from the well-established Lough Shore Parkin Antrim town, or from the intriguingly rustic backwoods of Randalstown Forest. Ram’s Island, about one mile offshore, preserves in miniature the history of Ireland, and contains the ruins of the O’Neill’s 19th century summer house and round tower. Cumaighe Ua Floinn, son to the Lord of Durlas (Antrim was once named Durlas), was drowned here in a battle for the island during the 12th century, and during the Second World War it was used as a station for the American Air Force. The encroaching scenery at Slemish is renowned as the dwelling place of St. Patrick, who was enslaved there during his youth by Irish raiders.
The Giant’s Causeway
Essentially a spasmodic cluster of stepping stones, the Giant’s Causeway (Clochán an Aifir in Irish) was created in the aftermath of a volcanic eruption 60,000,000 years ago and is made-up of around 40,000 interconnecting basalt columns, which on the surface form a consistent network of joint hexagonal and polygonal patterns.
Local legend begs to differ. According to the tale, an Irish giant named Finn McCool lifted the earth to throw over to Scotland, creating a pathway for a rival giant. Outwitted, this giant tore back to Scotland, wrecking the earth as he went. Fingal’s Cave, on the uninhabited island of Staffa, is named for him. A nearby rope bridge extends the uncommon beauty of the place and links the mainland with the defunct fishing island of Carrickarede, a designated Site of Special Interest for its unique geology, flora, fauna and seascape. The lesser-known Loughareema Vanishing Lake near Ballycastle, which lies on a bed of chalk and peat, does exactly this: it literally vanishes and reappears, within a few hours.
The road that runs 120 miles from Belfast to Londonderry comes highly recommended to drivers eager to undertake the majestic scenery of the north coast. For everyone else, there’s the Giant’s Causeway and Bushmills heritage railway, which travels along the stretch of the coast that connects the Giant’s Causeway to the 17th century historical village of Bushmills. The railway itself was first opened in 1883 and then dis-mantled in 1949 before it was re-assembled and re-opened in 2010. Most tourists, however, visit Bushmills for the internationally renowned Old Bushmills Distillery, which at over 400 years old is the oldest licensed distillery in the world.
There are a few tours that go to the Giant’s Causeway. Pick the one that fits your needs the most and book now!
From Dublin – Giant’s Causeway and Rope Bridge tour
From Dublin – Giant’s Causeway and Game of Thrones tour
From Dublin – Giant’s Causeway and Titanic tour
From Belfast – Giant’s Causeway and Rope Bridge tour
From Belfast – Giant’s Causeway and Game of Thrones tour
From Belfast – Giant’s Causeway and Titanic tour
Unmissable Attractions in County Antrim
1. Glens of Antrim
2. Lough Neagh
3. Rams Island
4. Slemish Mountain
5. Dunluce Castle (Opening Times: Monday to Sunday from 10.00 a.m. – 6.00 p.m. in summer / Monday to Sunday from 10.00 a.m. – 4.00 p.m. in winter) Prices: Adults £5.00 / Childrenand senior citizens £3.00 (children under 5 go free) / Family Ticket (2 adults and 2 children) £13.00 / Tel: 028 207 31938
6. Glenariff Forest Park (Opening Times: Monday to Sunday from 10.00 a.m. – sunset) Prices: Car £4.00 / Pedestrian £1.50 / Children £0.50
7. The Coastal Zone in Portrush (Opening times vary from month to month, but the Coastal Zone is typically open from about 10.00 a.m. or 12.00 a.m. – 4.00 p.m. or 5.00 p.m.)
8. Just one of a surge of medieval constructs, Carrickfergus Castle, which was built under John de Courcy in 1177 and helped to establish the site of Belfast, is very well preserved despite it having been in use with the military until as recently as 1928 (Opening Times: Monday to Sunday from 10.00 a.m. – 6.00 p.m. in summer / Monday to Sunday from 10.00 a.m. – 6.00 p.m. in winter) Prices: Adults £5.00 / Children and senior citizens £3.00 / Family (2 adults and 2 children) £13.00
9. The Giant’s Causeway visitor centre (Opening Times: Monday to Sunday from 9.00 a.m. – 6.00 p.m.) Prices: Adults £8.50 / Children (5 – 17 years old) £4.25 (Children under 5 go free) / Family (2 adults and 3 children) £21.00 / Please note: the causeway is free and accessible to the public all year round. However, parking is limited to the visitor centre car park, wherein visitors are encouraged to buy costly tickets to the welcome centre.
10. Carrick-a-Rede Rope Bridge (Opening Times: Monday – Sunday from 10.00 a.m. – 6.00 p.m.) Prices: Adults £5.09 / Children £2.63 / Family £12.45 / Group £3.50
11. Giant’s Causeway and Bushmills Railway (Opening Times: Saturday and Sunday for most of the year. In July and August the railway is open from Monday to Sunday). An extensive timetable and list of prices is available by calling this number: 028 20732844. And by visiting the website at this address: http://www.freewebs. com/giantscausewayrailway/)
12. Old Bushmills Distillery (Opening Times: Monday to Saturday from 9.15 am – 4.00 p.m. Sunday from 12.00 p.m. – 4.00 p.m in summer / Monday to0 Saturday from 10.00 a.m. – 3.15 p.m. and Sunday from 12.00 p.m. – 3.15 p.m. in winter) Prices: Adults £7.00 / Senior Citizens £6.00 / Students £6.00 / Children £3.50 / Family (2 adults and 2 children) £20.00 / Groups £5.50
Ireland: A brief history
Belfast Black Taxi Tours
Londonderry City
Donegal Town
MID-EAST REGION
SOUTH-EAST REGION
SOUTH-WEST REGION
PRIVATE TOURS & COACH HIRE
IRELAND TRAVEL BLOG
Copyright © 2021 Finn McCools Tours
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GEO Strategic Partners
World Bank Group Increases COVID-19 Response to $14 Billion To Help Sustain Economies, Protect Jobs
Focus on private sector and workers spearheaded by IFC to mitigate financial and economic impact of crisis
Read the Press Release on World Bank Group
The World Bank and IFC’s Boards of Directors approved today an increased $14 billion package of fast-track financing to assist companies and countries in their efforts to prevent, detect and respond to the rapid spread of COVID-19. The package will strengthen national systems for public health preparedness, including for disease containment, diagnosis, and treatment, and support the private sector.
IFC, a member of the World Bank Group, will increase its COVID-19 related financing availability to $8 billion as part of the $14 billion package, up from an earlier $6 billion, to support private companies and their employees hurt by the economic downturn caused by the spread of COVID-19. The bulk of the IFC financing will go to client financial institutions to enable them to continue to offer trade financing, working-capital support and medium-term financing to private companies struggling with disruptions in supply chains. IFC’s response will also help existing clients in economic sectors directly affected by the pandemic--such as tourism and manufacturing—to continue to pay their bills. The package will also benefit sectors involved in responding to the pandemic, including healthcare and related industries, which face increased demand for services, medical equipment and pharmaceuticals. “It’s essential that we shorten the time to recovery. This package provides urgent support to businesses and their workers to reduce the financial and economic impact of the spread of COVID-19,” said David Malpass, president of the World Bank Group. “The World Bank Group is committed to a fast, flexible response based on the needs of developing countries. Support operations are already underway, and the expanded funding tools approved today will help sustain economies, companies and jobs.”
The additional $2 billion builds on the announcement of the original response package on March 3, which included $6 billion in financing by the World Bank to strengthen health systems and disease surveillance and $6 billion by IFC to help provide a lifeline for micro, small and medium sized enterprises, which are more vulnerable to economic shocks.
“Not only is this pandemic costing lives, but its impact on economies and living standards will likely outlive the health emergency phase. By ensuring our clients sustain their operations during this time, we hope the private sector in the developing world will be better equipped to help economies recover more quickly,”said Philippe Le Houérou, Chief Executive Officer of IFC. “In turn, this will help vulnerable groups to more quickly recover their livelihoods and continue to invest in the future.”
Having mobilized quickly at the time of the 2008 global financial crisis and the Western African Ebola virus epidemic, IFC has a successful track record of implementing response initiatives to address global and regional crises hampering private-sector activity and economic growth in developing countries.
The IFC response has four components:
$2 billion from the Real Sector Crisis Response Facility, which will support existing clients in the infrastructure, manufacturing, agriculture and services industries vulnerable to the pandemic. IFC will offer loans to companies in need, and if necessary, make equity investments. This instrument will also help companies in the healthcare sector that are seeing an increase in demand.$2 billion from the existing Global Trade Finance Program, which will cover the payment risks of financial institutions so they can provide trade financing to companies that import and export goods. IFC expects this will support small and medium-sized enterprises involved in global supply chains.$2 billion from the Working Capital Solutions program, which will provide funding to emerging-market banks to extend credit to help businesses shore up their working capital, the pool of funds that firms use to pay their bills and compensate workers.A new component initiated at the request of clients and approved on March 17: $2 billion from the Global Trade Liquidity Program, and the Critical Commodities Finance Program, both of which offer risk-sharing support to local banks so they can continue to finance companies in emerging markets.
IFC is already working to deploy its response financing. For example, we recently expanded trade-financing limits for four banks in Vietnam by $294 million so they could continue lending to companies in need, especially small and medium-sized enterprises. IFC will maintain its high standards of accountability, while bearing in mind the need to provide support for companies as quickly as possible. IFC management will approve projects based on credit, environmental and social governance and compliance criteria, as applied in past crisis responses.
Why it's time to take central banks' digital currencies seriously
Several crises in one: what effects will COVID-19 have on the global risk landscape?
Four ways economic crisis can change things for the better
GEO Strategic Partners Anti-Bribery Policy Statement
©2020 by GEO Strategic Partners Limited.
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From Krakow: Jasna Góra Monastery & Home of John Paul II
Black Madonna of Częstochowa
Visit the 2 most important places of worship in Poland, the Jasna Góra Monastery in Częstochowa and The Family Home of John Paul II in Wadowice, in just 1 day. Follow in the Holy Father's footsteps, and see the miraculous painting of the Black Madonna.
English, Italian, Spanish, Polish, French
Audio guide/headphones
Please wait in front of the hotel 5 minutes before your scheduled pickup time.
Explore both the Jasna Góra Monastery and the Family Home Museum of John Paul II
Admire the miraculous painting of the Black Madonna of Częstochowa
Marvel at the parish church in Wadowice where the future Pope John Paul II was baptized
Enjoy included hotel pickup and drop-off in Krakow
Begin your tour with pickup at your hotel in Kraków, then travel in an air-conditioned van for approximately 1 hour to Wadowice, the hometown of Pope John Paul II. Upon arrival, have a short break before going to the parish church on Main Market Square where the future pope was baptized. Marvel at numerous chapels, holy paintings, and the famous baptismal font as you learn about the humble beginnings of one of the greatest Poles in history. Then, make your way inside the Family Home of John Paul II and take a tour with an accredited guide available in various languages. Spend at least 1 hour and 20 minutes in the museum. Later, visit the secondary school that Karol Wojtyła, as the pope was then known, attended. Take a nice picture of the monument of the young pope. On the second half of the tour, head to the Jasna Góra Monastery in the town of Częstochowa, about 130 kilometers (around 80 miles) away from Kraków in southern Poland. Once there, explore a famous Polish shrine to Our Lady of Częstochowa, which constitutes one of Poland’s most visited pilgrimage sites. Take a guided tour of the monastery with one of the Pauline monks who will show you the treasury filled with priceless gifts and accompany you to the chapel in the shrine. Finally, marvel at the miraculous painting of the Black Madonna and have a truly once-in-a-lifetime experience. The tour concludes with drop-off at your hotel in Kraków.
Guided tour of Family Home of John Paul II Museum
Guided tour of Jasna Góra Monastery
Tickets and admission fees
Small-group tour
Food/lunch
Please be ready for pickup 5 minutes before the activity starts
Opening hours are subject to change
Due to COVID-19 a guided tour of the family home of John Paul II is currently unavailable, so the visit will be self-guided
We had a great tour. Our drive Pavel (Paul) was very passionate and knowledgeable. He drove us very safely to both places and told us many interesting fatcs. On site we learned a lot from father Leon. We are Christians and for us whole experience was unforgettable and we would recommend the sanctuary to everyone looking for ultimate meaning. Very grateful !
Reviewed by Anonymous – Poland
Pavel Travel Paweł Rosół
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GIRLS RETAIN CENTRE OF EXCELLENCE STATUS
The club are delighted to announce that our Girls Centre of Excellence licence has been retained for the 2015-16 season
In April all current Centres of Excellence had to reapply for a new Licence for the 2015-16 season and we are pleased to announce that our application has been successful and we will continue in an exclusive group of organisations across the country in the FA’s Centre of Excellence Programme, running age groups from U9s to U17s for talented female players.
Director of Girls and Women’s Football at Gillingham FC, Adam Lawrence commented: “The 2014-15 season was a great success for our Girls Centre of Excellence with real improvements on the pitches, but perhaps more noticeably off of the pitch where we had a number of positive staffing changes and a new training venue.
"These improvements, we are delighted to announce, have been rewarded with a renewed Centre Licence for the forthcoming 2015-16 season.”
“Gillingham Football Club has become a leading example of Girls Football in Kent, and we are proud to run a successful and ever improving Centre of Excellence for girls and young women in the South East.
Excellent staff enable us to offer talented female footballers a pathway to improve and reach their potential. It is great news that we have the opportunity to continue this hard work going forward.”
Centre Manager, Georgia Bowie added “It’s been such a successful year at the Girls Centre of Excellence, with squad sizes continuously looking to grow throughout the season and the U17s making GFC GCOE history by reaching the Semi-finals of the FA Youth Cup.”
“We’ve seen girls represent England either at training camps, international fixtures, or Elite Performance Camps, we’ve moved to a fantastic new ground for our twice weekly training sessions, and we’ve got an absolutely superb group of talented, passionate staff both in the coaching, admin and sports therapy departments.”
“We are one big Gills family, and the great atmosphere and positive environment that we’ve set has transferred to all the girls throughout all the age groups, from the U9’s right through to the U17’s. Who are now looking to the Gillingham Ladies as their next step.
"Setting the perfect environment is crucial to aid the development of the hugely talented pool of girls we have at Gillingham, and we have seen an excellent rate of development this season that is credit to everyone who works so hard at the Centre of Excellence to give our girls the best possible opportunity to fulfill their potential”.
Graduate of the Centre and current Student at the Gills Academy said “The Centre has given me great experiences and memories and has been a pleasure to be a part of.
"I have been given great opportunities to work with talented and enthusiastic staff and players that have helped me progress from a Centre player to playing with the Ladies and in the Academy.”
Everyone at the club is looking forward to another successful season with the Centre.
The centre will be holding its trials for the new season in June, for full details please click here
To find out more about our Girls Centre of Excellence please click here.
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23.5 miles from Harveyville, KS
The early-1900s Capitol building, also known as the People's House, is said to be haunted by a worker who died on the job. Local legend has it that, since town recods show the man was never paid his last check, as he had no surviving family, the ghost still works ...
Jayhawk Tower
The Jayhawk Tower was originally the "Hotel Jayhawk," built in the 1930s. It has since become a popular stop along local ghost hunting tours. The ghost stories are so well known that the Jayhawk Tower even hosted the performance of a play dedicated to claims of paranormal activity ...
Alma Cemetery
Alma, Kansas
Visitors here may see orbs and mists, some which have occurred in photographs. The Devils Chair is also a thing of legend. Folks say those who sit in it will be cursed by the ghost of an evil farmer who refused to sell his land to a city for the ...
Moose Lodge #555
The three ghosts believed to haunt the Moose Lodge are a policeman who was shot to death by a burglar on the roof and two women. A member of the cleaning staff reported a trash bag that flew across the room.
The Cottage House Bed and Breakfast
Council Grove, Kansas
This historic hotel dates back to the mid-nineteenth century, and was formerly a boarding house and apartment block prior to its restoration and conversion to a bed and breakfast inn. Rumour has it that the building houses some ghostly tenants that never left, but reports are very generalised and ...
Stull Cemetery
Lecompton, Kansas
30 miles from Harveyville, KS
Rumored to be a gateway to hell, Stull Cemetery is said to be a very actively haunted place. Next to an abandoned church, the cemetery is the subject of many legends, some over 100 years old. Satan himself is rumored to hold court here twice a year. Devil worship and ...
Rocky Ford Bridge - Bird Bridge
Emporia, Kansas
Legend has it that a preacher and his mistress drugged his wife and killed her by pushing her car over the side of the bridge. Now, they say, her screams can be heard and her ghost walks to shore from the water. A film is reported to have been made ...
The Columbian Theatre
Wamego, Kansas
A great many weird things have been reported in the Columbian Theater: Props seem to move when no one was there to move them, lights turn on and off by themselves, and folks have reported hearing moans, groans, and the sound of someone unseen climbing stairs. A fire alarm once ...
Ottawa Municipal Auditorium
Ottawa, Kansas
According to witnesses, disembodied voices chat, footsteps stroll across the stage, and chairs move from place to place -- all while the area is empty of people. Living ones, anyway.
Haunted Kansas City, Missouri
Angie Cox
Ghosts of Southeast Kansas
Cheryl Carvajal
Lisa Hefner Heitz
University of Kansas - Sigma Nu Fraternity
Some say former governor Ed Warren and his mistress Lorraine still reside at their old home, now the University of Kansas Sigma Nu fraternity house, although both are long deceased. Stories tell us that Lorraine hanged herself in the building, and her apparition has been seen by witnesses. The story ...
Many locations at Haskell Indian Nations University, an 1800s institution built to help Native Americans assimilate with the mainstream population, are rumored to be haunted. At the Bell Tower, students report a mysterious sealed-off wall in the basement and a feeling of being watched from above as they pass by. ...
Lawrence Community Theatre Building
Once a church, the former Lawrence Community Theatre building is believed to be haunted by an unknown spirit. Witnesses say the lights don't work properly and props move about by themselves. Many describe an uneasy feeling of being watched when inside the building. home to a mysterious presence. Lights ...
The Eldridge Hotel
Room 506 is reportedly extremely haunted. Stories vary as to the precise nature of the haunting, some claiming that the original cornerstone from the building that burned down that is located in room 506 creates as "spirit portal", an access point for spirits wishing to cross over into our ...
Merchant's Pub and Plate
Located in a former bank building, this upmarket gastropub and restaurant is rumoured to feature a haunted staircase. Staff and diners have reported seeing a vanishing apparition ascending the steps, while others have felt an eerie presence whilst descending them. Submitted by Callum Swift
Wolf House Museum
Apparitions of men with canes in top hats have been reported here, as well as phantom conversations and dishes being violently thrown against the wall. Legend has it that the museum building was once a brothel, and one of its workers was murdered there... and fast-forward to several years later: ...
Old Saint Mary Hospital
Old Saint Mary Hospital was built in 1907, which is no longer a hospital, is said to be haunted by two spirits from its hospital days. One is a night nurse who fell to her death down an elevator shaft, seen carrying a tray and a candle on the first ...
East Stadium - Purple Masque Theatre
The Stadium was dedicated in the early '20s in remembrance of students and graduates who died in WWI. The East Stadium was the college's athletic center until the 1950s, when a new athletic center was built. After this, the Purple Masque Theatre occupied Rooms 109 and 121 on the first ...
Kansas State University's Pi Kappa Phi fraternity house is rumored to be haunted by a former fraternity brother named Duncan, who died from a hazing accident. And the Gamma Phi Beta Sorority House is said to be haunted by a former house mother who was murdered by the house cook. ...
Holton House Bed and Breakfast
Holton, Kansas
The manor house was previously a funeral parlour before being refurbished to a bed and breakfast, and guests have reported ghostly activity such as voices coming out of the dining room when there is no one around. Guests have also reported seeing shadowy apparitions in their rooms at night. (Submitted by ...
Wichita Haunts
Beth Cooper
Ghosts of Kansas
Beth Coopers
How to Hunt Ghosts: A Practical Guide
Joshua P. Warren
Lorenz Schlichter Memorial Cemetery - Child's Play Cemetery
Le Roy, Kansas
Legend has it that if you drive your clean car to this cemetery and sit for about 5 minutes (during which you may hear a loud thud on the vehicle), and then drive away, you will find a large handprint on your back window and several child-size handprints all over ...
Fort Riley, Kansas
Near Moon Lake is reportedly a Chief's Circle. Witnesses describe what look like fireflies in sets of two that stay close to the ground, whoops and howls. The lights are rumored to be the eyes of braves' spirits protecting the area.
Milford, Kansas
At this 1850s Civil War fort, visitors may see more than war relics. According to local legend, an apparition of a woman in chains can be seen walking across the fields, and a group of spectral riders appear on the Cavalry Parade Field. One dismounts, and the rest ride away. ...
New Century Air Center
Harveyville, Kansas
Once the Olathe Naval Air Station, a combat pilot training center from WWII to the Vietnam War era, the New Century Air Center is now a commercial airport, industrial complex and business center. An airplane crash that cost a pilot his life around 1960 is believed to be the source ...
Round Mound Cemetery
Cummings, Kansas
Local legend has it that a witch haunts this cemetery, causing the wind not to blow here. Screams are said to ring out from the graves at times.
Doctor W.B. Jones House
Florence, Kansas
This historic abandoned house was built in 1879, and was formerly the residence of a doctor and his family. People have reportedly seen the apparition of the doctor staring down at them from the upper floor of the house. (Submitted by Callum Swift)
Stonewall Inn
Lenexa, Kansas
At the pizza parlor, reports say that unseen hands set the chairs and tables back up after they are stacked at the end of the day.
Santa Fe Depot Diner
The apparition of a woman has appeared in this diner's kitchen, and recordings have been made of two disembodied voices. The diner is a stop on a local ghost tour.
Old Abilene Town
Abilene, Kansas
This recreation of "Old Town Abilene" features mock gunfights, shopping at the "General Store," and if some people are to be believed, ghosts! In fact, the "Ghost Tours of Kansas" company listed Old Abilene Town as the most haunted spot in the state in 2012. We don't have ...
Rivendell Book Store
Bookstore owners have reported shadowy figures, the unexplained sound of jingle bells at Christmastime, and books that seemed to be pushed off of shelves by unseen hands. It is reported that, appropriately, one of the books that fell off the shelves was called "Living with Ghosts."
Haunted Battlefields of the South
Thomas Freese Bryan Bush
World Famous Ghosts
Gregory Branson-Trent
Historic Haunted America
Atchison Daily Globe
Atchison, Kansas
This local newspaper office is believed to be haunted by a deceased newspaper editor who died under mysterious circumstances. Witnesses working late have heard the back door, although locked, open and close on its own.
Tuck U Inn At Glick Mansion
At this historic inn, over a century old, a ghost is known to make noises, including footsteps, at night, and open and close the doors.
The Sallie House
The Sallie House is an unassuming, painted-brick house built around 1870, but is known for being extremely haunted. Sallie, the imaginary friend of a former tenant's daughter, is believed to be one of its ghosts. Some of the strange things experienced here include pictures turned upside down on the walls, ...
Main Street Galleria
Weston, Missouri
In all areas of the building, there have been items moved, voices, as well as the smell of cigarette smoke when the owner of the building, Verna (Treese) Kowertz was alone. teams of paranormal investigators have been in and experienced having items moved, disappear, and batteries die when they were ...
Saint George Hotel
This 1845 hotel is rumoured to have a few hauntings dating back to the civil war, including the ghost of a young boy who has been known to hide objects belonging to guests. According to the guestbook, most of the ghostly activity is confined to Room #302 and Room ...
Sauer Castle
Kansas City, Kansas
Sauer's Castle, a German gothic mansion, was built in the 1700s by German businessman Anton Philip Sauer for his wife Marie and their 5 daughters. Witnesses say it is haunted, as evidenced by lights that appear floating around the property and in the lookout tower, plus the sounds of laughing, ...
Alexander Major's Historic Museum
At the 1856 building that houses Alexander Major's Historic Museum, ghost investigators have found colds spots, voices and EVPs in several rooms of the house. The voices belonged to men, women and children.
Parkville, Missouri
Rumor around Park University is that during World War II, two female students hanged themselves in Herr House. Footsteps coming from empty rooms and other strange occurrences have led students to believe the ladies' spirits linger here. And the Jenkin and Barbara David Theater is said to be haunted by ...
Weaver Hotel
Waterville, Kansas
The 1905 hotel served as railroad accommodation, and the original inn and restaurant are in operation over a century later. The establishment is rumoured to be haunted by two spirits, including the wife of a former owner and a workman who threw himself to his death during a bout ...
John Wornall House
At the John Wornall House, built during the 1850s, soldiers' ghosts have been seen on the balconies and guarding the doors. The farm is very close to the site of the Civil War Battle of Westport, and this house was used as a temporary hospital for the injured men from ...
Haunted States Of America: Haunted Houses and Spooky Places in All 50 States and Canada, Too!
Joan Holub
Corinne May Botz
Ghost Hunters of the South
Pretty Boy Floyd's Hideout
Pretty Boy Floyd's Hideout, a home at 6612 Edgevale in Armor Hills, was the home of Vivian Mathias, gangster Verne Miller's girlfriend. It was where in June 1933, Miller and Charles "Pretty Boy" Floyd planned their unsuccessful prison break for buddy Frank "Jelly" Nash who, along with two policemen, was ...
Strawberry Hill Museum
Strawberry Hill Museum is housed in a mansion built in 1887 and was inhabited by the Scroggs family. In 1919 it opened as a children's orphanage and day-care run by the Sisters of St. Francis of Christ, which lasted until the 1980s. It is now a museum, and is haunted ...
According to local lore, it is the ghost of former WWE wrestler Owen Hart who haunts this arena. In 1999 he died when he fell from the arena's ceiling while attempting to descend as his superhero image The Blue Blazer. Folks say Hart's ghost has been seen wearing his blue ...
Epperson House
This house, built around 1920, is now part of the University of Missouri–Kansas City. It is believed to be haunted and has been featured as on of the Top 5 U.S. haunted houses on TV's Unsolved Mysteries. The ghost in residence is Harriet Evelyn Barse, adopted daughter of original owner ...
Donaldson House
Donaldson House is a 1901 mansion is said to be haunted by eight ghosts. It's owned by the Kansas City Art Institute, who uses it for studios and offices. The ghosts are said to include one friendly one and eight cantankerous ones, who aren't pleased with the students who use ...
Coon Creek Bridge
Barnes, Kansas
About five miles south of Barnes on the east side of Coon Creek Bridge, you may see the ghost of a young girl walking through the woods, especially just before sunrise. Her identity is unknown, as townspeople have no knowledge of any deaths ever occurring nearby.
Union Station's busiest time was during World War II, when 300 passengers came through per day. Its ghosts are believed to have come from this time. Suggs Mailer is the most well-known spirit here, a man whose job it was to transfer mail from underground trains to the post office ...
Kansas City Music Hall is a 1930s marvel with elaborate décor and an impressive antique pipe organ sporting over 2,000 pipes. But that's not all the ritzy theater has to offer. It seems to be a hangout for the music-loving spirit set. During performances, folks have reported apparitions of well-dressed ...
The Coates House
The Coates House was a hotel that opened in 1867 and had some famous guests, including three presidents: William McKinley, Grover Cleveland and Theodore Roosevelt. A fire in 1978 killed at least 16 folks in the homeless shelter the building had by then become. Now, folks say shadowy figures move ...
The Folly Theater
The Folly Theater, known as “The Pink Lady,” opened around 1900 and is haunted by an early manager. Joe Donegan was known for bringing big names to his theater, including the Marx Brothers, Gypsy Rose Lee, Fanny Brice, and prizefighters Jack Dempsey and Jack Johnson. When the theater underwent renovation ...
Believe: Stories Of Ghosts And Hauntings
When the Ghost Screams: True Stories of Victims Who Haunt
Leslie Rule
A Ghost a Day: 365 True Tales of the Spectral, Supernatural, and...Just Plain Scary!
Maureen Wood
» Cemeteries near Harveyville, KS
» Find museums in Harveyville, KS
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Millersburg Hotel
Millersburg, Ohio
12.5 miles from Winesburg, OH
This hotel has been in operation for well over a century, so it is more than likely that some of the spectres in this hotel were guests who never checked out. The owners and staff are displeased with the paranormal activity in the hotel, as they receive various reports ...
The Cobbler Shop Bed and Breakfast
Dover, Ohio
Guests at this 1800s inn, which was once a cobbler shop, have heard knocking on their doors when no one was there, and disembodied footsteps in the hallway. Those who have seen the ghost here say he is a man wearing a long dark coat.
Books N' Things
This old store was in operation for many years, but now appears to be a private residence. While it was in operation, customers would smell the aroma of coffee, even when there was none brewing. The ghost was kind to the owners, and would often tuck them into bed ...
Zoar Historic Hotel
Zoar, Ohio
This historic hotel has been acquired by the state historical society and is due to be renovated to restore it to its former glory. The hotel is rumoured to be haunted, which has been testified by many former guests, patrons and staff, and is widely acclaimed to be the ...
Warehouse on the Canal
Canal Fulton, Ohio
This 1906 building previously housed the old Finnerock Furniture building and now houses an arcade of quaint shops and restaurants. There have been reported sightings of many ghosts, including numerous apparitions in period clothing wandering around the building. The ghost of a little girl has been seen near the old ...
Old Hercules Engine Factory
This historic abandoned building is haunted by several terrifying entities. In the section of the building that was previously an army training unit, an aggressive entity pushes visitors around, and has been known to swear or threaten those present during visits. Factory appliances move around by themselves, and cold spots ...
Rogue's Hollow Bridge
Doylestown, Ohio
Rogue's Hollow Bridge, or Crybaby Bridge, has a couple of legends attached to it that may explain the ghostly crying sound heard here. One says that long ago a woman tossed her unwanted newborn over the bridge, and now the phantom scene replays here along with the sound of a ...
Old Sweet Shop
Coshocton, Ohio
25 miles from Winesburg, OH
This historic building turned sweet shop is haunted by a whole horde of ghostly children. Staff have heard running footsteps and ghostly voices, but upon investigation, have found nothing. (Submitted by Callum Swift)
Haunted Stark County (OH): A Ghoulish History (Haunted America)
Sherri Brake
Haunted Akron, Ohio
Jeri Holland
Haunting Tales from the Tree City
Kent Historical Society
Warehouse Restaurant
This historic warehouse was converted to a popular restaurant, but even back in the late twentieth century, police and authorities were responding to reports of paranormal activity which happened on a frequent basis. The restaurant is believed to be haunted by a ghostly child and the apparition of an ...
Loyal Oak Tavern
The old tavern building was built in the 1840s, and was a cabinet shop in its early years. There are remnants of its older days as a tavern, such as a half-log bar in the basement as well as a 1930s keg. But locals here say that's not all that ...
Guggenheim Air Institute
This building has been abandoned for over fifty years, but people driving past still report seeing ghostly lights moving around the upper levels of the building, and hearing strange noises when no one is around. (Submitted by Callum Swift)
The Corner House
Warsaw, Ohio
This small, abandoned wooden house at the intersection of the two major roads is haunted by the apparition of a woman in black. Her husband murdered her in the house many years ago, and people driving past have reported smelling burning flesh and hearing the screams of a woman. (Submitted by ...
The University of Akron, founded in 1870 by the Universalist Church, has a few buildings rumored ot be haunted. One of them is the Sigma Nu House. Campus legend has it that a sorority girl hanged herself in the boiler room and her spirit lingers here to this day. Another ...
Akron Civic Theatre
One of Akron Civic Theatre's ghosts is Fred the Janitor, who died during his shift and now returns to finish his work. He is said to get angry at people who mess up the restrooms. Another apparition of a well-dressed man appears sitting up in the balcony from time to ...
Rose Hill Burial Park
Rose Hill Burial Park, founded in the 1920s, is haunted by a ghostly lady in white and ghost lights that witnesses say appear toward the back of the graveyard, possibly near the Jewish section.
Glamorgan Castle
Alliance, Ohio
The 1905 Glamorgan Castle, according to legend, is haunted by former owner Colonel Morgan of Morgan Engineering Company fame, who died in 1928. Guided tours are offered here throughout the year.
Malabar Farm
Lucas, Ohio
Pulitzer Prize-winning author Louis Bromfield built Malabar Farm in 1939, and the historic homesite is open for tours and wagon rides. It is said to be haunted by Ceely Rose. According to her story, she was in love with a boy who didn't feel the same. In order to spare ...
Prospect Place
Trinway, Ohio
The 29-room mansion built in 1856 by abolitionist G.W. Adams is said to have been a stop on the Underground Railroad. The house is said to be haunted by ghosts from its past, and has been featured on TV shows such as Ghost Hunters and Ghost Adventures.
Cleveland Ghosts
Charles, Jr. Cassady
Haunted Willoughby, Ohio
Cathi Weber
Haunted Marion Ohio (Haunted America)
Josh Simpkins
Spitzer House Bed and Breakfast
At this 19th-century Victorian home-turned-inn, people have witnessed unexplained voices and music, and the piano in the parlor plays songs by itself. The ghost of a stern-looking man is said to appear in Ceilan's Room, and Anna's Room is haunted by a servant girl's spirit. The servant girl also has ...
Pleasant Valley Cemetery is haunted by the Rose Family buried here. Legend has it that Ceely Rose murdered her mother, father and brother in 1896 over her love for Guy Berry. Guy lied and told Ceely they couldn't marry because her family didn't approve of him rather than tell her ...
Mount Olive Cemetery
Bellville, Ohio
Mount Olive Cemetery, or Lucas Cemetery, has a ghost named Mary Jane. One legend has it that she was burned at the stake in the 1800s after being accused of witchcraft. Another says she was a Native-American medicine woman, and some folks thought her profession was a mite too close ...
Cambridge Northwood Cemetery
Cambridge, Ohio
Cambridge Northwood Cemetery, burial place of congressmen John Earl Henderson, James Joyce and Charles Ellis Moore, is said to be home to a ghostly woman in a white formal dress from circa 1920. She has been seen for a short time before fading away, usually on clear summer nights.
Colonel Taylor Inn Bed and Breakfast
The people here say that Colonel Taylor and his lady still haunt this 1878 Victorian mansion. Guests have seen both of their apparitions on the stairway, and they may shake the beds from time to time. The ghosts are said to be friendly and angelic, watching over the guests.
The Taverne of Richfield
We have had numerous sitings at the Taverne. The building was built in 1886 in Richfield Ohio as a hotel/stagecoach stop. We have 3 ghosts. The original ghost is Baxter Wood who opened a hotel called the Center Hotel in the building which now houses local watering hole, the Doug ...
Ohio State Reformatory
The prison, defunct since 1990, was the setting for the movie The Shawshank Redemption. It has been used as a setting or featured on many other movies, music videos and TV programs, including Ghost Adventures. Witnesses have experienced shadow figures, slamming cell doors and yelling voices, and female witnesses claim ...
Bissman Building
The Bissman Building, once a grocery warehouse built in 1886, is said to be very haunted; ghost hunts and tours are offered here. Many apparitions are seen here, including a man in a long coat and top hat and a young girl; footsteps have been heard on empty floors above, ...
Siesta Motel
Norwich, Ohio
This motel is said to be haunted by the spirit of an angry man who had been staying at the night there after a fight with his mother. And as it so happened, that night he was the victim of a burglary. The still-enraged man attacked the burglar upon finding ...
Mansfield Women's Club
Remaining as one of Mansfield, Ohio's largest and oldest homes, the estate of Mr & Mrs. Henry C. Hedges, is known for its near original 1800's interior and stunning Victorian charm. The home now is the official Club House to the Mansfield Federation of Women's Clubs, was left by widow ...
Ghosts of Historic Delaware, Ohio
John B. Ciochetty
A Haunted History of Columbus, Ohio
Nellie Kampmann
Columbus Ohio Ghost Hunter Guide (Ohio Ghost Hunter Guides) (Volume 4)
Jannette Quackenbush
Burnt Wood Tavern
This popular local eatery and restaurant is haunted by a former owner, who passed away several years ago and is still attempting to run his establishment. He has been known to welcome new staff members to the restaurant, and calls out peoples names. (Submitted by Callum Swift)
Egypt Road Bridge
Salem, Ohio
The closed Egypt Road Bridge, or Crybaby Bridge, is haunted day and night by the sound of a crying baby. Legend has it that a baby went missing while its parents were fighting, and it fell over the side of the bridge. The scream of its mother and the crying ...
Edmund Gleason Farmhouse
Valley View, Ohio
This historic farmhouse property is rumoured to have a whole horde of ghostly inhabitants. Passing motorists claim to have seen the figure of a spectral woman standing at windows, and have seen strange lights moving from room to room on the downstairs level. (Submitted by Callum Swift)
Baldwin-Wallace College
Berea, Ohio
Baldwin-Wallace College's Kohler Hall, built in the 1870s as a Methodist Children's Home, is said to be home to a spirit that manifests as a blue haze. Something reportedly presses down on students in bed and throws off their blankets. And Lang Hall is allegedly haunted by namesake Emma Lang, ...
Old Licking County Jail
The Old Licking County Jail building, constructed in 1889, has an eerie castle-like appearance reminiscent of the Tower of London. In its day it housed many a notorious murderer and serial killer. It was here that Carl Etherington, a Dry-Agent Detective, was once held in a cell for his protection ...
Darrow Family Cemetery
Rumor has it that at night at the Darrow Family Cemetery, which only has 7 gravesites, tombstones that are whole in daylight appear broken, and strange things can be seen and heard: Unexplained bright lights, running water, screams and howls.
According to reports, when the area was being cleared for building this hotel, the body of a woman was found. She had committed suicide by shooting herself in the head. Her ghost is said to remain at the hotel and may manifest as a shadowy form. She also turns the ...
Bryn Du Mansion
Granville, Ohio
The Bryn Du Mansion and grounds comprise a fifty-two acre estate in Granville, Ohio. The property is managed by the Bryn Du Commission, a non-profit organization established by the Village of Granville. The organization follows a mission of historic preservation and providing program and event facilities for the benefit ...
4604 Turney Road
Garfield Heights, Ohio
This historic apartment has a darker history, and has a terrifying haunting associated with the building. In the early 1940's, a mass brawl occurred on the upper floor, and several people were murdered. Staff in stores below the apartments claim to hear thumps, screams and the sound of a ...
The Buxton Inn
Visit this inn and you may meet the ghost of Orrin Granger, the pioneer who built it in 1812. Or you may spot Major Horton Buxton, after whom the inn was named. Major Buxton operated the inn during the late 1800s. Former innkeeper Bonnie Bounell is also said to have ...
Ghosthunting Ohio
John B. Kachuba
Ghosthunting Ohio On the Road Again
Haunted Ohio: Ghosts and Strange Phenomena of the Buckeye State
Charles A. Stansfield Jr.
Big Four Train Depot
Galion, Ohio
This historic depot is heritage-listed, and also believed by many to be one of the towns most haunted buildings. The old train depot has played host to many tragedies and notable events in the town history, so it is easy to see where the basis of these rumours lie. The ...
Chagrin Valley Athletic Club
This historic building now houses the county athletic club, but was formerly a schoolhouse. During its history, a cruel schoolmistress punished a girl to the extent that she died, leading to the closure of the school and the basis of the haunting that occurs nowadays. People in the quiet library ...
Denison University Library
The 7th tier of the Denison University Library is said to have a spirit, a shadowy woman wearing an old-fashioned dress. Those who fall asleep here, especially men, have been awoken by her hitting them on the back of the head.
Brownella Cottage and Galion Historical Museum
This beautiful cottage houses the town historical society, and is well known for the ghost that reputedly haunts the old building. Although the identity of the apparition is currently unclear, witnesses describe a man dressed in black with white hair who wanders the hallways scaring visitors to the museum. Other ...
Variety Theater
1927 building The Variety Theater was a vaudeville house, then a movie theater until the early 1980s. After that, it was a rock concert venue until it closed in 1986. Now, locals say, it's haunted by a white figure who hangs out on first floor by the water fountain. A ...
J.C. Thompson Building
East Liverpool, Ohio
This building dates back to 1892, and is rumored to have once housed both a speakeasy and a brothel. Under new ownership and recently restored as of July 2014, numerous paranormal occurrences have been recorded here in the basement and elsewhere. It is believed multiple spirits reside here.
Austintown Log House
Canfield, Ohio
There have been reported sightings of the apparition of a headless soldier in the historic log cabin. He is seen in various rooms of the house, as well as by motorists driving past the house in an upstairs window. (Submitted by Callum Swift)
Claque Playhouse
This historic playhouse is situated on an old farming property, as the theatre itself is a barn conversion. The former owner of the property, known to staff as 'Walter', has been seen and heard throughout the theatre. He often is heard sobbing in the theatre, and has been known to ...
Bourbon House Bed and Breakfast
This historic mansion may still be in operation as an inn, but is more renowned for a recurring apparition reported here by former tenants and guests. The building is believed to be haunted by a former owner and the builder of the house, who has been known to communicate ...
Johnny Mango
Johnny Mango World Cafe & Bar is reportedly haunted by several ghosts, the oldest being a woman named Margaret who died in 1895 when her trolley car ran into the Cuyahoga River.
Haunted Miami Valley, Ohio
Jennifer Eblin
More Haunted Michigan: New Encounters with Ghosts of the Great Lakes State (Ohio)
Rev. Gerald S. Hunter
The Haunted History of the Ohio State Reformatory
» Cemeteries near Winesburg, OH
» Find museums in Winesburg, OH
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See if your friends have read any of David Lipsky's books
David Lipsky’s Followers (83)
Literature & Fiction, Nonfiction
David Lipsky is a contributing editor at Rolling Stone magazine. His fiction and nonfiction have appeared in The New Yorker, Harper's Magazine, The Best American Short Stories, The Best American Magazine Writing, The New York Times, The New York Times Book Review, and many other publications. He contributes as an essayist to NPR's All Things Considered, and is the recipient of a Lambert Fellowship, a Media Award from GLAAD, and a National Magazine Award. He's the author of the novel The Art Fair, a collection of stories, Three Thousand Dollars, and the bestselling nonfiction book Absolutely American, which was a Time magazine Best Book of the Year. David Lipsky is a contributing editor at Rolling Stone magazine. His fiction and nonfiction have appeared in The New Yorker, Harper's Magazine, The Best American Short Stories, The Best American Magazine Writing, The New York Times, The New York Times Book Review, and many other publications. He contributes as an essayist to NPR's All Things Considered, and is the recipient of a Lambert Fellowship, a Media Award from GLAAD, and a National Magazine Award. He's the author of the novel The Art Fair, a collection of stories, Three Thousand Dollars, and the bestselling nonfiction book Absolutely American, which was a Time magazine Best Book of the Year. ...more
Combine Editions
David Lipsky’s books
David Lipsky Average rating: 3.91
· 9,568 ratings · 1,051 reviews · 13 distinct works • Similar authors
Although of Course You End Up Becoming Yourself: A Road Trip with David Foster Wallace
3.90 avg rating — 7,915 ratings — published 2010 — 13 editions
Absolutely American: Four Years at West Point
3.98 avg rating — 1,259 ratings — published 2003 — 8 editions
The Art Fair
3.21 avg rating — 130 ratings — published 1996 — 9 editions
Three Thousand Dollars: Stories
4.06 avg rating — 18 ratings — published 1989 — 7 editions
Late Bloomers: Coming of Age in Today's America, the Right Place at the Wrong Time
David Lipsky,
Alexander Abrams
3.89 avg rating — 9 ratings — published 1994
The Pallbearer
3.33 avg rating — 3 ratings — published 1996 — 4 editions
The Parrot and the Igloo: Climate and the Science of Denial
0.00 avg rating — 0 ratings
The Parrot and the Igloo
The Legacy of David Foster Wallace
Samuel Cohen (Editor),
Lee Konstantinou (Goodreads Author) (Editor),
Dave Eggers (Contributor)
Zanzibar Quarterly No. 1
Jim Shepard (Contributor),
Norbert Spehner (Contributor),
Louis Skoreki (Contributor)
More books by David Lipsky…
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Quotes by David Lipsky
“David Foster Wallace: I think the reason why people behave in an ugly manner is that it’s really scary to be alive and to be human, and people are really really afraid. And that the reasons…
That the fear is the basic condition, and there are all kinds of reasons for why we’re so afraid. But the fact of the matter is, is that, is that the job that we’re here to do is to learn how to live in a way that we’re not terrified all the time. And not in a position of using all kinds of different things, and using people to keep that kind of terror at bay. That is my personal opinion.
Well for me, as an American male, the face I’d put on the terror is the dawning realization that nothing’s enough, you know? That no pleasure is enough, that no achievement is enough. That there’s a kind of queer dissatisfaction or emptiness at the core of the self that is unassuageable by outside stuff. And my guess is that that’s been what’s going on, ever since people were hitting each other over the head with clubs. Though describable in a number of different words and cultural argots. And that our particular challenge is that there’s never been more and better stuff comin’ from the outside, that seems temporarily to sort of fill the hole or drown out the hole.
Personally, I believe that if it’s assuageable in any way it’s by internal means. And I don’t know what that means. I think it’s fine in some way. I think it’s probably assuageable by internal means. I think those internal means have to be earned and developed, and it has something to do with, um, um, the pop-psych phrase is lovin’ yourself.
It’s more like, if you can think of times in your life that you’ve treated people with extraordinary decency and love, and pure uninterested concern, just because they were valuable as human beings. The ability to do that with ourselves. To treat ourselves the way we would treat a really good, precious friend. Or a tiny child of ours that we absolutely loved more than life itself. And I think it’s probably possible to achieve that. I think part of the job we’re here for is to learn how to do this.”
― David Lipsky, Although of Course You End Up Becoming Yourself: A Road Trip with David Foster Wallace
“And I think that the ultimate way you and I get lucky is if you have some success early in life, you get to find out early it doesn't mean anything. Which means you get to start early the work of figuring out what does mean something -- David Foster Wallace”
“David Foster Wallace: I think one of the insidious lessons about TV is the meta-lesson that you’re dumb. This is all you can do. This is easy, and you’re the sort of person who really just wants to sit in a chair and have it easy. When in fact there are parts of us, in a way, that are a lot more ambitious than that. And what we need, I think—and I’m not saying I’m the person to do it. But I think what we need is seriously engaged art, that can teach again that we’re smart. And that there’s stuff that TV and movies—although they’re great at certain things—cannot give us.”
See all David Lipsky's quotes »
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$499 Microsoft Surface RT Pre-Orders Sold Out
Pre-orders for the $499 Microsoft Surface RT 32GB, which comes without the black touch cover, have sold out ahead of the device’s expected October 26th release date.
Microsoft’s website, where the company began taking pre-orders yesterday for the new Microsoft Surface tablet, no longer shows an expected delivery date for Microsoft’s entry-level Microsoft Surface tablet. Instead, it appears that the device will be shipped out within three weeks time which means that those who pre-order it today may not see it arrive until November.
Fortunately, for those who want a Microsoft Surface RT tablet on release day, there are still two options available, including another 32GB Surface RT option.
Read: Why I’m Taking the Microsoft Surface RT Gamble.
The $499 Microsoft Surface RT is sold out already.
Microsoft’s two other available Surface RT tablets are still available for pre-order. Both the 64 GB Surface RT with Black Touch Cover and 32 GB Surface RT with Black Touch Cover are still available though they are much more expensive than the $499.99 device.
The 32GB model with Touch Cover included will set customers back $599.99 while the 64GB model costs $699.99. Keep in mind, those who don’t buy the Touch Cover bundled in with the tablet are going to have to pay $119 for it separately so those who are interested in the accessory, which is both a case and a keyboard, might want to think about the bundles.
Microsoft is also selling another keyboard case called the Type Cover which retails for $129.99.
At this point, it’s unclear whether the sold out pre-orders are due to a low amount of stock or whether it means there is quite a bit of interest in Microsoft’s new piece of hardware. The Microsoft Surface represents Microsoft’s first foray into the hardware world in quite some time. It is expected the compete against the likes of the iPad and various larger Android tablets for the hearts and minds of consumers this holiday season.
The Microsoft Surface features a 10.6 inch ClearType HD Display display, a quad-core processor, two cameras, up to 8 hours of battery life with mixed activity, and of course, it’s powered by Windows RT.
Related Topics:MicrosoftMicrosoft SurfaceMicrosoft Surface RTWindows RT
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H.Res. 38: Providing for consideration of the resolution (H. Res. 21) calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President; and for other purposes.
This resolution sets the rules for debate for another bill, such as limiting who can submit an amendment and setting floor debate time.
Mary Scanlon
Sponsor. Representative for Pennsylvania's 5th congressional district. Democrat.
Agreed To (Simple Resolution) on Jan 12, 2021
This simple resolution was agreed to on January 12, 2021. That is the end of the legislative process for a simple resolution.
Ordered Reported
A committee has voted to issue a report to the full chamber recommending that the bill be considered further. Only about 1 in 4 bills are reported out of committee. The House Committee on Rules issued the report which may provide insight into the purpose of the legislation.
Read Report » Read Text »
The resolution was passed in a vote in the House. A simple resolution is not voted on in the other chamber and does not have the force of law.
View Vote » Read Updated Text » See Changes »
GovTrack.us. (2021). H.Res. 38 — 117th Congress: Providing for consideration of the resolution (H. Res. 21) calling on Vice President Michael R. ... Retrieved from https://www.govtrack.us/congress/bills/117/hres38
“H.Res. 38 — 117th Congress: Providing for consideration of the resolution (H. Res. 21) calling on Vice President Michael R. ...” www.GovTrack.us. 2021. January 21, 2021 <https://www.govtrack.us/congress/bills/117/hres38>
Providing for consideration of the resolution (H. Res. 21) calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive departments of the Cabinet to activate section 4 of the 25th Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President; and for other purposes, H.R. Res. 38, 117th Cong. (2021).
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Home > News Articles > <strong>Gryphon Investors </strong>and <strong>Transportation Insight </strong>Make Majority Investment in <strong>Nolan Transportation Group </strong>
Gryphon Investors and Transportation Insight Make Majority Investment in Nolan Transportation Group
NTG Will Team with “Sister Company” Transportation Insight to Create a Market Leader in Non-Asset Transportation Services
San Francisco, CA – December 18, 2018 —
Gryphon Investors (“Gryphon”), a San Francisco-based middle-market private equity firm, announced today that it has acquired a majority stake in Nolan Transportation Group (“NTG”) one of the largest and fastest-growing non-asset freight brokerages in the United States, in partnership with its existing portfolio company, Transportation Insight (“TI”). Senior management at NTG, including Founder and Chairman Kevin Nolan and CEO Harold Baron, will retain a significant ownership position in the combined company going forward. Similarly, Founder and Chairman Paul Thompson and the TI management team retained significant ownership at the time of Gryphon’s original investment in TI in August 2018. Charlotte-based private equity firm Ridgemont Equity Partners will exit its investment in NTG as part of the transaction. Additional terms of the transaction, which closed today, were not disclosed.
Headquartered in Atlanta, GA, NTG is one of the leading and highest-growth freight brokers in the country, featuring a full suite of multimodal brokerage services (Truckload, Expedited, LTL, Drayage, and Intermodal, among others) and serving more than 6,000 customers across North America. NTG’s strong track record of delivering superior performance for both shippers and carriers, while delivering increased broker productivity, has been enhanced by its proprietary FreightHawk software platform.
NTG will operate as a sister company to Transportation Insight, a leading non-asset provider of enterprise logistics and transportation brokerage services, which Gryphon acquired in September of this year. The two companies will continue to be operated separately under a holding company structure, retaining their existing names and current management teams, while leveraging the services of each business to the benefit of the combined customer base. Together, TI and NTG will have current gross revenues of approximately $3 billion per year, and will be among the top-three independent freight brokerages and top-two Enterprise Logistics Providers in the U.S. “We look forward to joining forces with Gryphon and Transportation Insight to increase our footprint, continue to grow our company, and better serve our customers,” said Kevin Nolan, Founder and Chairman of NTG. “This investment helps take us one step closer to becoming the leading freight brokerage platform in the industry,” he added.
Paul Thompson, Founder and Chairman of Transportation Insight, added that “Logistics and supply chain management remains a highly fragmented industry, with demand growth being driven by increased outsourcing of the transportation function, growing complexity of the supply chain, continued growth in e-commerce, and increased customer expectations. Larger outsourcing firms and brokerages will have a significant advantage as companies look to reduce costs and guarantee on-time deliveries. We have admired NTG’s management team and track record for operating performance for several years, and we are thrilled to join with NTG in bringing best-in-class solutions and service to businesses across North America.”
“NTG is a fast-growing company with an energetic, team-oriented culture in a sector that is experiencing strong demand, and we’re excited about the opportunity for NTG and Transportation Insight to create a market leader in the outsourced transportation services industry,” said Gryphon Partner Robert Grady, who serves as head of the firm’s Industrial Growth Group. “We are fortunate and delighted to be able to bring NTG into the fold so soon after making our investment in Transportation Insight. Our investment vision has from the start included the addition of a large brokerage operation to realize multiple strategic benefits, and this is a critical and exciting step in our journey to expand this platform.”
Harris Williams was financial advisor, and Evershed Sutherland LLP was legal advisor to NTG. Sheppard Mullin acted as TI and Gryphon’s legal advisor, while North Inlet served as financial advisor.
About Nolan Transportation Group
Founded in 2005, Nolan Transportation Group is a market leader in truckload brokerage and third-party logistics services, dedicated to delivering the highest level of service in the transportation industry. NTG offers a wide range of services for more than 6,000 customers across the U.S., Canada and Mexico. Our carrier base consists of approximately 40,000 independent carriers in facilitating the movement of our customers’ product. NTG specializes in both TL (“truckload”) and LTL (“less-than-truckload”), as well as expedited, partial, drayage, intermodal, rail, and warehousing. NTG is headquartered in Atlanta, GA and has 11 additional offices in the following cities: Alpharetta, GA, Orlando, FL, Nashville, TN, Charleston, SC, Charlotte, NC, Grand Rapids, MI, Chicago, IL, Detroit, MI, Dallas, TX, Laredo, TX and Denver, CO. NTG has ranked on the Inc. 500|5000 list for three years in a row (2015-2017) as one of the fastest-growing private companies in the United States. For more information, visit www.ntgfreight.com.
About Transportation Insight, LLC
Transportation Insight is a multi-modal, lead logistics provider with over $2 billion of annual gross revenues. For nearly 20 years, Transportation Insight has partnered with manufacturers, retailers and distributors to achieve significant cost savings, reduce cycle times, and improve customer satisfaction rates by providing customized supply chain solutions. Transportation Insight offers a Co-managed Logistics® form of 3PL, carrier sourcing, freight bill audit and payment services, state-of-the-art transportation management system (TMS) applications, parcel technology platform (audit, engineering, advanced analytics), and business intelligence. Headquartered in Hickory, NC, Transportation Insight has secondary operating centers in Atlanta, GA, Bentonville, AR, Boston, MA, Charlotte, NC, Omaha, NE, Overland Park, KS and Salt Lake City, UT; service centers in Canton, OH, Charlotte, NC and St. Louis, MO. Transportation Insight has been recognized in the Inc. 5000 Hall of Fame, appearing on the Inc. 500|5000 list for 11 years straight. For more about Transportation Insight, visit www.transportationinsight.com.
About Gryphon Investors
Based in San Francisco, Gryphon Investors (www.gryphoninvestors.com) is a leading private equity firm focused on profitably growing and competitively enhancing middle-market companies in partnership with experienced management teams. Managing over $4.5 billion of equity investments and capital since 1997, the firm has an extensive track record of leading equity investments of $50 million to $200 million per portfolio company with sales ranging from approximately $100 million to $500 million. Gryphon prioritizes investment opportunities where it can form strong partnerships with owners and executives to build leading companies, utilizing Gryphon’s capital, specialized professional resources, and operational expertise.
Caroline Luz
Blicksilver Public Relations
caroline@blicksilverpr.com
© 2017-2020 GRYPHON INVESTORS ALL RIGHTS RESERVED | CONTACT US
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Selective Draft - Questions and Answers
The Selective Draft - Questions and Answers - World War I
Q 1. — When was the selective draft law passed?
A.—The "Select Service Law" is an Act of Congress, which came into full force May x8, 1917. The law is entitled: "An Act to authorize the President to increase temporarily the Military Establishment of the United States." Its purpose was the raising of troops to carry on the war against Germany. It was drawn to create a "National Army."
Q 2. — Was the first draft really a selective one?
A.—It was, of course, hoped and intended to raise our new army in a way that would leave as many agricultural workers as possible on the farms to keep the world from starving, and to take men, as much as possible, from the occupations which were less essential. The actual results, however, owing to our haste and inexperience, were not by any means intelligently selective, as the table below of the numbers and percentages accepted from different occupations will show :
Beverage industries 5,752 1,472 25.75
Agriculture 782,503 205,731 26.25
Forestry 24,507 7,984 32.50
Clay, glass, etc 24,928 6,022 24
Animal husbandry 15,642 4,570 29
General trade 111,541 24,892 22
Q 3. — When was the first drawing for the selective draft?
k—The official drawing of numbers to determine the men of the country to constitute the first draft for the National Army was July 201 1917, in the Office Building of the United States Senate, in the presence of the Secretary of War, many army officers of high rank, Senators and Representatives and many citizens.
Numbered slips incased in capsules were drawn by two blindfolded men and these were announced and unofficially transmitted over the country by the press. The official list was announced later by the Secretary of War.
The first number drawn was 258. After that the numbers were drawn, at the rate of 60o an hour. It required 22 hours to complete the work.
Q 4. — What is meant by the "muter list"?
A.—A drawing of numbers from I to 10,500, both inclusive, was made in Washington under the direction of the Secretary of War.
A schedule or master list was prepared by the Provost Marshal General containing all of such numbers from I to 10,500, both inclusive, placed in the exact order in which they were drawn.
The first number drawn was placed at the top of column x of the master list, the second number drawn was placed next below in such master list, and this order was followed until all the numbers drawn were so placed in such master list in the exact order in which they were drawn.
The master list controls and determines the exact order in which the persons whose registration cards are in the possession of the respective Local Boards, or may hereafter be received by said Local Boards, are liable to be called by the Local Board for Military Service.
Q5. — Is provision made to notify families of boys in training camps if they are ill?
A.—The American Red Cross has agreed to establish in the camps and cantonments in the United States the service (already furnished in France) to keep families in America in personal touch with their boys, ill or wounded in the field.
This action is in response to a request made by the Secretary of War, who wrote that "American Red Cross representatives at the camps here, as in France, would have access to daily lists of admissions and evacuations from the hospitals, and, so far as it is in accord with necessary medical rules, would be allowed to talk with sick men.
They would be expected to keep families constantly informed as to the condition and progress of men in the hospitals, to write letters for men unable to write themselves, and in general to fulfill that clause of the Red Cross charter which designates the society as "a medium of communication between troops in the field and their families at home."
Q 6. — Can a man be drafted who has had previous service?
A.—Yes, he is a civilian and liable to draft.
Q 7. — What is the ratio of death in the U. S. Army?
A.—Figures compiled at the office of Surg. Gen. William C. Gorgas, U. S. A., and made public on Dec. 29, 1917, show that with more than 900,000 soldiers in training in this country from Sept. 21 to Dec. 14, there were only 1,391 deaths from all causes, an average rate of less than two per 1,000.
Among the 202,009 Regulars there were 144 deaths. There were 494 deaths in the 387,233 National Army and 753 deaths in the 327,480 National Guardsmen.
Secretary Baker said:
"The death rate in our forces in the United States, from mid-September to the end of December averaged 7.5 per thousand, and is slightly less than would have been the death rate of men of the same age at home. In 1898 the death rate per thousand was 20.14, or nearly three times as great. Our death rate in the Army during the year 1916, just before the war, was five per thousand. Leming out the deaths due to measles and its complications, our rate among all troops in the United States since Sept. t hu been about two per thousand."
Q 8. — Where are the draft army cantonments?
Army Cantonments
Alexandria, La. Camp Beauregard National Guard
American Lake, Wash. Camp Lewis National Army
Annapolis Junction, Md. Camp Meade National Army
Anniston, Ala. Camp McClellan National Guard
Atlanta, Ga Camp Gordon National Army
Augusta, Ga Camp Hancock National Guard
Ayer, Mass Camp Devens National Army
Battle Creek, Mich Camp Custer National Army
Charlotte, N. C. Camp Greene National Guard
Chillicothe, Ohio Camp Sherman National Army
Columbia, S. C. Camp Jackson National Army
Deming, N. Mex. Camp Cody National Guard
Des Moines, Iowa Camp Dodge National Army
Fort Riley, Kans. Camp Funston National Army
Fort Sam Houston, Tex. Camp Travis National Army
Fort Sill, Okla. Camp Doniphan National Guard
Fort Worth, Tex. Camp Bowie National Guard
Greenville, S C. Camp Sevier National Guard
Hattiesburg, Miss. Camp Shelby National Guard
Houston: Tex. Camp Logan National Guard
Linda Vista, Cal. Camp Kearney National Guard
Little Rock, Ark Camp Pike National Army
Louisville, Rock Camp Zachary Taylor National Army
Macon, Ga. Camp Wheeler National Guard
Montgomery, Ala. Camp Sheridan National Guard
Palo Alto, Cal Camp Fremont National Guard
Petersburg, Va. Camp Lee National Army
Rockford, Ill. Camp Grant National Army
Spartanburg, S. C. Camp Wadsworth National Guard
Waco, Tex. Camp McArthur National Guard
Wrightstown, N. J. Camp Dix National Army
Yaphank, Long Island, N. Y. Camp Upton National Army
Q 9. — What is the size of the average American cantonment?
A.—A camp accommodating 37,000 men is about two miles in length and one and a half miles in breadth. Each camp contains about 1,600 buildings, the construction of which requires 34,000,000 square feet of lumber. For heating and lighting these camps, 400 miles of electric wiring and 6o miles of heating pipes were required.
Q 10. — Has a decision been given on the constitutionality of the Selective Draft Law?
A.—Yes. The United States Supreme Court on January 7, 1918, passed seven cases arising under the selective draft law and decided adversely to the men drafted.
Q 11. — What total number of Americans are subject to draft?
A.—There are estimated to be in the United States (in round numbers) 10,000,- 000 men between the ages of 21 and 30 inclusive. This number represents very nearly to percent of the estimated population of the country—between 103,000,000 and 104,000,000.
The figure (10,000,000) is reached by taking the number of males between the ages of 21 and 3o inclusive, on the date of the last census, April 15, 1910, and on July 1, 1917. The figures for the later date are estimated on the assumption that the annual numerical increase since 1910 in each state has been the same as the average annual numerical increase between 1900 and 1910.
Q 12. — How many registrants under the first draft were called?
A—The total number of registrants was 9,586,508. Of these 3,082,949, or 32.16 percent were called by the various registration boards. Those not called numbered 6,503,550, or 67.84 percent of the total number of men between the ages of 21 to 3o who registered under the law. A total of 1,057,363 men were certified for service and 687,000 were named in the first call
Q 13. — How many of the men called by the first draft failed to appear?
A—The total number of men called to colors was 9,586,508. Of these 252,294 failed to appear.
Q 14. — Were many drafted men rejected at the camps?
A.—The percentage of rejections at camp varied between 0.72 percent and 11.87 per cent, and, as the physical conditions of the men from the different regions cannot account for this, it is attributed to differences in strictness in the examinations by the camp surgeons.
The valuable mass of data now latent in the record has not been studied in its entirety. But of 10,000 men spread over eight camps, the sources of defect showing the largest percentages were eyes, teeth, hernia, ears, heart disease and tuberculosis in the order given.
Q 15. — What proportion of men went unwillingly?
A.—"The actual state of mind, of course, cannot be known," says General Crowder, "but the filing of an unsuccessful claim for exemption or discharge is, at least, an index of unwillingness, and figures show that of the 1,057,363 certified for service, those who filed no claims for exemption were 639,054, or 60.44 percent —the 'involuntary' conscripts being 418,309, or 39.56 per cent"
Q 16. — How many aliens were drafted?
A.—A total number of 1,243,8o1 were registered. Of these, 772,744 were Allied aliens, 148,274 were neutral aliens, 40,663 were enemy aliens, and 282,120 were allies of enemy aliens. The number called was 457,713, and of this 76,545 were finally accepted for service—only 17 in a hundred.
Q 17. — Is a man subject to draft if he becomes thirty-one before the draft call?
A.—This provision of the act reads, "Persons shall be subject to registration who shall have attained their 21st birthday and who shall not have attained their 31st birthday on or before the day set for the registration, and all persons so registered shall be and remain subject to draft"
Q 18. — How many unmarried physically fit men become twenty-one years of age each year?
A—The number of males arriving at the age of 21 each year is estimated to be 960,000. As shown by the percentages of acceptance in the first draft, this estimated proportion of those unmarried and physically fit will be 96 percent unmarried, and 76.3 percent fit physically.
Q 19. — Is the class of draftable persons to be enlarged?
A—The following suggestions have been made-by a majority of the boards: that young men who are under age should come within the law when they reach the minimum draft age; that young men of r8 or 19 years should be enrolled and trained so as to be ready for service immediately upon attaining draft age; 19 and 34 are the limits most frequently suggested, though some recommend 40 to 4q years as the upper limit.
There is a distinctly stronger demand for raising the maximum age than for lowering the minimum. Provost Marshal General Crowdert discussing the enlargement of the age limits for selective military service said, early in 1918, that such suggestons had been made in his report to the Secretary of War.
Q 20. — How many claims for exemption were granted in the first draft?
A.—Of the total number of men called for registration by the first draft (about 3 million) 1,560,570, or 50.62 per cent, made claims for exemption. Of this number, 77.86 percent were granted. 895,- 150, or 73.99 per cent, were on the grounds of dependency; 228,452, or 19.67 per cent, were on the grounds of alienage; 3,877, or 0.34 per cent, were on religious grounds, and 2,001, or 0.17 per cent, were decided on grounds of moral unfitness.
The state having the highest percentage of claims allowed was Connecticut, and the lowest was Mississippi.
Q 21. — What percentage of men are physically fit?
A.—Using the results of the draft law as a basis, it is estimated that 76.3 percent are physically fit. Of all the men called for physical examination by the draft, 730,756, or 23.7 per cent, were rejected on account of physical deficiencies.
Q 22. — Were all the citizens in the first draft sent to the camps at once?
A—No. They were sent in increments, and early in 1918 72,00o men still remained to be assigned to cantonments. The full strength of men contemplated in the first draft was 687,000. The assignment of the full quota to camps was finished March, 1918.
Q 23. — Did the draft prove country boys superior to city boys?
A.—The common belief that the average of physical soundness is higher among country boys than among the city bred was not supported by the records of the selective draft.
For the purpose of comparison, selection was made of a typical set of cities of 40,000 to 500,000 population distributed over ten different states, and a corresponding set of counties of the same total size, located in the same states and containing no city of 30,000 population.
The total number of registrants in the two areas was 315,000.
The comparison resulted as follows : Of 35,017 registrants in urban areas, 9,969 were rejected. Of 44,462 registrants from rural areas, 12,432 were rejected. In other words, 28.47 percent of the city boys were rejected against 27.96 percent of the country boys.
Q 24. — How are local draft boards compensated?
A.—Section 195, Selective Service Regulation was repealed January 30th, igi8, and in lieu thereof the following was promulgated by the President: Section 195 (Amended) Local Boards Compensation:
"The rate of compensation for members of local boards up to and including the completion of the final classification of the registrants within the respective jurisdiction of said boards shall be on the basis of 3o cents as aggregate compensation to the membership of a local board for each registrant to whom a questionnaire shall have been mailed and who shall have been finally classified in accordance with the provisions of these regulations.
"Money due for said work shall be paid in proportionate amounts to each member of a local board claiming compensation for his service, unless it shall be requested by the unanimous vote of the local board that the moneys due should be paid in some other proportion. In such case no one member shall receive more than is cents of the allowance of 30 cents for each classification, and no two members shall receive more than 25 cents for each classification to be distributed between them."
Q 25. — What was the cost of the first selective draft?
A.—The total cost of the first selective draft was $5,211,965.38. The number of registrants was 9,586,508, and the number of men called for examination was 3082,949. The cost per man called was $1.69. The number of men who were accepted was 1,057,363, making the cost per man finally accepted $4.93.
Q 26. — What was the cost of Civil War recruiting?
A.—General James B. Fry, Provost Marshal General, in a report, March 17, 1866, said that the cost of recruiting men in the Civil War was $11,027,751.21 for 168,649 men drafted, or $9.84 per man, as against the cost per capita of the 191? selective draft $4.93, making the Civil War system much higher. The money value of Civil War days also was much lower than now.
Q 27. — Are answers made by draft registrants open to public inspection?
A.—The answers of any registrant concerning the condition of his health, mental or physical, in response to Series II of the questions under the head entitled "Physical Fitness," in the Questionnaire, and other evidence and records upon the same subject and the answers of any registrant to the questions under Series X of the questions under the head entitled "Dependency" in the Questionnaire, except the names and addresses of the persons claimed to be dependent upon such registrant, shall not, without the consent of the registrant, be open to inspection by any person other than members of local and district boards, examining physicians, members of Medical Advisory Boards, Government Appeal Agents, and other persons connected with the administration of the selective service law, and United States Attorneys and their assistants, and officials of such bureaus or departments of the United States Government as may be designated by the Secretary of War.
Q28. — May a man subject to draft go abroad?
A.—If a person is subject to draft, he does not need a passport from the State Department, if he wants to go to Canada. In that case he only needs a "permit" from a local board. For any other country, he must apply to the local board for a permit The local board investigates the case.
If the person is not likely to be called within the period of the proposed absence, or if the board is otherwise assured that favorable action will not result in evasion of or interference with the execution of the law, the local board takes from the applicant his address while absent and issues a permit, which, if approved by the Provost Mar- shal General, entitles him to a passport from the State Department.
Q 29. — What are the rules as to physical unfitness?
A.—Physical deficiencies must be present in such degree as clearly and unmistakably to disqualify the man for mili- tary service. Much is left to the physician's final judgment and discretion.
Temporary effects of acute disease or of an injury are not regarded as justifying a finding that the person so affected is not physically qualified for military service. Such conditions justify a rea sonable delay in completing the physical examination in order that an opportunity for recovery may be afforded. If the deficiency is of such a nature that the service in the army will improve the physical condition of the selected man in general and eliminate the deficiency, the man is selected, entrained, and put into such kind of service as best fits his case.
Q 30. — Can a drafted man demand that he be sent to France?
A.—No registrant under the provision of the selective service law (and no voluntary enlisted man) can make any condition that affects his service after he has been selected or after he has been accepted for entrainment. The United States will not make any "proviso" to send any soldier or sailor anywhere at any time stipulated by the selected man or the volunteer. This rule applies to combatant and non-combatant service alike (for instance Red Cross).
Q 31. — How long after war will drafted men be held?
A.—It is reasonable to assume that enlisted and drafted men will not be held any longer in the service of the United States than is necessary for the safety of the country, and that soldiers and sailors will be sent home as quickly as demobilization can be effected after the war. The "Selective Service Law" provides that the selected men shall remain liable only four months after the conclusion of 'Peace.
Q 32. — Are skilled technical workers exempt from military service?
A.—There are circumstances in which the need of military establishments for men expert or highly skilled is such that the national interest is better served by selecting such men into military service. The engagement in industry and agriculture is no reason for exemption.
Q 33. — Is a man whose wife can support herself and children exempt from draft?
A.—The "Selective Service Law" exempts no person from military service on the ground of dependency. It only authorizes the exclusion or discharge from draft of "those in a status with respect to persons dependent upon them for support which renders their exclusion or discharge advisable."
Q 34. — What can a person under age do if he registers by mistake?
A.—He should report the case immediately to the local board. The board will investigate the claim that he is under age, and, if he is right, the local board is empowered to discharge him.
Q 35. — Will the draft boards accept a man before his turn comes?
A.—The men to be ordered into military service by a local board in filling any part of its quota are to be selected in the order of their liability within their class as shown on the classification list, including non-combatants. Any registrant whose order number is so early that, though not within the early part of the quota, he is within the total quota, may make application to the local board to be ordered into military service and entrained with that part of the quota of the local board to be sent next after such application.
If the granting of the application would increase the number ordered by the Adjutant General to be entrained by more than two men, the application will be denied.
Q 36. — What will exempt from prosecution a man who failed to register?
A.—Being at sea on registration day and registering as soon as practical after landing, or when the person had been refused the opportunity to register by the local boards.
Q 37. — Is a sailor of the Lakes merchant fleet likely to be drafted?
A.—The sailors on ships plying the Great Lakes come under Class IV. They are, therefore, far removed from the first call. It must be borne in mind that the grain-carriers on the Great Lakes are indispensable for the feeding of the nation, and their crews are employed in a vocation necessary to the pursuance of the war.
Q 38. — Who are subject to the second call?
A.—The second summons to service under the Selective Service Act of May 18, 1917, was issued by the President in November, 1917. No change was made in the essential obligations of the men who were, on June 5, subject to selection.
Q 39. — Is a drafted man regarded as a deserter if he fails to report for the camps?
A.—Persons who are selected for military service and who absent themselves with an intent to evade military service are deserters.
They are reported to the police authorities and, if caught are brought before the local board, which decides if the offense was willful or not If not willful, the selected man is sent to a camp and the commanding officers of the camp furnished with all details of the case. If the offense is considered willful, the deserter becomes subject to the military laws of the United States.
Q 40. — How are drafted men sent to the camps?
A.—Local boards procure one "party ticket" for the number of men who are to be sent A leader is provided for the party. He keeps in his personal possession the railroad and meal tickets of the party. He accompanies the conductor through the train, identifies the men of his party and, before delivering the ticket to the railroad agent or conductor, must indorse the ticket as to the correct number of the men to whom transportation is furnished.
The leader is responsible for the proper feeding of the party, and may not allow liquor to be sold to any of his men. Before arrival at a mobilization camp he must inspect them to see that they are ready to leave the train, and that each man has attached to his lapel the badge given to him before starting. On arrival at the camp, the leader must hold his own group together until they are taken in charge by an officer or a non-commissioned officer, in whose hands he must safely deliver the mobilization papers of each and all of his men.
Q 41. — How does the Government find out about a drafted man in a foreign country?
A.—Either before or upon receiving a notice to report for physical examination, a registrant residing in a foreign country in a place too far for a journey to the United States may, at his own expense, apply by mail, cable or telegram to be physically examined by a nearby physisian appointed by the American Consul to make the examination. The consul must indorse his appointment upon the face of a "Form" sent to him by the local board in the United States residence of the applicant. The examination is made, the physician signs a detailed report, and the local board decides as to the physical qualifications of the registrant.
Q 42. — Can a man appeal from the decision of a district board?
A.—The decision of the district board is, in ordinary circumstances, final. A person may appeal to the President in industrial and agricultural cases, when the appeal is accompanied by the written and signed recommendation of one member of the local board, and either the Government Appeal Agent or the Adjutant General of the State.
In dependency cases the appeal must be accompanied by a signed statement of one member of the local board and either the Government Appeal Agent or an Adjutant General of the State certifying that the case is one of great and unusual hardship, stating the circumstances of hardship that will follow the going of the registrant into military service, and specifically recommending a reconsideration of the case.
The claim is examined first by the local board as to the compliance with the above rules, after which the local board forwards the claim to the Provost Marshal General. The President may rule, upon record of the case, that the appeal shall operate as a stay of induction into military service, pending further orders.
Q 43. — How is any insufficient quota filled?
A.—Immediately after the time of entrainment the local board must proceed to call and entrain a sufficient number of selected men to fill the deficiency, if any, in its quota. Upon receipt of notice from the mobilization camp that any selected men of the contingent of a local board have been rejected, or, though entrained, have failed to reach such camp, the local board proceeds to call and entrain a sufficient number of selected men to fill vacancies in its quota. Men sent to fill deficiencies get at least 24 hours' notice to appear for entrainment.
Q 44. — Are feeble-minded persons exempt?
A.—There are various degrees of feeble-mindedness. The Selective Service Law says that "lack of normal understanding" is a cause for rejection. What is meant by normal understanding is left in each case to the discretion of the examining physicians. Insanity, epilepsy, and organic nervous diseases are causes of rejection.
Q 45. — Do men with bad teeth need to serve under the draft?
A.—A man must have at least eight serviceable, natural masticating molars, four above and four below opposing, and six serviceable natural incisors, three above and three below opposing. These teeth must be so opposed that a person can cut his food and chew it.
Teeth restored by crown or fixed bridge work, when such work is well placed and thoroughly serviceable, are considered as serviceable natural teeth.
If dental work will restore the teeth to meet the requirements outlined in the preceding paragraph, the man will be accepted and sent to his cantonment, where dental work needed by him will be carried out.
Q 46. — Is a man previously rejected by the Regular Army exempt?
A.—Previous physical examinations are not considered valid in any case where the Selective Service Law is involved.
Q 47. — How about defective eyesight?
A.—In this case, the local board can rule that eyeglasses will correct the deficiency in vision. Men may be accepted, whose vision is 20 / 100 or better in each eye, correctable by appropriate lenses to 20/40 or better in at least one eye, provided no organic disease exists in either eye.
Q 48. — Which officials are exempt from draft?
A.—The Secretary to the President, heads of divisions of the various departments of the government, members of Presidential boards, Interstate Commissions, Civil Service Commission, Federal Reserve Board, Federal Trade Commis- sion, Panama Canal Chief Officers, Sec- retary of the Smithsonian Institution, the Public Printer, Officers of the National Homes for Disabled Volunteers, Director General of the Pan-American Union, Vice-President of the United States, Senators, Secretary, Sergeant-at-Arms, and Chaplain of the Senate.
Representatives, Territorial Delegates, Resident Commissioners, Clerk, Doorkeeper, Sergeant-at-Arms, Postmaster and Chaplain of the House of Representatives, the Superintendent of the Capitol.
Librarian and the Superintendent of Buildings and Grounds of the Library of Congress. Judges, Clerks, Marshals and Reporters of the Supreme Court, the Court of Claims, Court of Customs Appeals, Circuit Courts of Appeals, District Courts.
Q 49. — Can a man be exempted on religious grounds?
A.—Any registrant found by a local board to be a member of any well-recognized religious sect or organization, organized and existing May 18, 1917, whose then existing creed or principles forbid its members to participate in war in any form, and whose religious convictions are against war or participation therein in accordance with the creed or principles of said religious organizations, may be furnished by the local board with a certifi- cate to that effect and he can be required to serve only in a capacity declared by the President to be non-combatant.
Q 50. — Can a farmer claim exemptions from draft?
A.—Any registrant found to be engaged in a "necessary" agricultural enterprise, and found to be "necessary" to such enterprise in the capacity of sole managing, controlling, and directing head of the enterprise, may be exempted.
Q 51. — Will the draft law continue in effect after peace is made?
k—The "Selective Service Law" (draft law) is framed only "for the period of the war." The men selected are liable for that period and for four months after peace is signed.
Q 52. — Is an alien who has taken out his first citizenship papers subject to draft?
A.—By the Act entitled: "An Act to authorize the President to increase tem- porarily the Military Establishment of the United States," approved May i8, t917, the President was authorized "to draft into the Military Service of the United States, all male citizens or male persons, not alien enemies, who have declared their intention to become citizens, between the ages of 21 and 3o years, both inclusive.' This authorizes the drafting of all aliens other than German and Austrian.
Q 53. — Are alien enemies exempt from registration?
A.—Many persons confuse registration with draft. Each is a distinct process. Exemptions are granted after draft and not before. Even convicts and alien enemies (both of whom are exempt from draft) are obliged to register. There are no exceptions to the rule that all male persons in the United States between the ages of 21 and 30 inclusive must register, except those already in the Federal Military or Naval Service.
Q 54. — What was the Alien Draft Bill?
A.—It was a bill introduced by Senator Chamberlain in 1917 to draft into the Army aliens resident in the United States, and it was in response to a general demand that British, French, Italian and other subjects of the Allied Powers be obliged to give military service as American citizens did.
The bill was not pressed, because the State Department feared that it might lead to a great dispute about treaties, and impel Allied Powers to impress Americans then resident in their territories. The State Department, howeveri immediately began diplomatic negotiations with the Allies.
Q 55. — Was it intended to impress Germans and Austrians to fight their countries?
A.—No. Such a suggestion was never even entertained. They were specifically excepted in the bill, and a clause provided that they might be drafted for noncombatant work only. The chief purpose was to draft those Nationals on whose side the United States was fighting.
Q 56. — Were there so many of these aliens?
A—Senator Chamberlain estimated that the bill would bring tg million men into the service.
Q 57. — Did the Allied governments do anything about these "Slackers"?
A.—The British authorities acted circumspectly and skilfully. They issued a great many cleverly worded declarations, which voiced the conviction that all British subjects would gladly volunteer, but which also hinted positively that it they failed to do so they would be drafted.
Q 58. — Could the United States not compel them to serve?
A.—Not under existing treaties. The Administration, however, realized from the beginning that the American people, subject to the draft themselves, would object strongly to immunity of Allied subjects, and diplomatic negotiations began at once with the Allied governments.
Q 59. — Were agreements made finally to draft them?
A.—The conclusion of an agreement with Great Britain and Canada was announced January 3o, 1918, through a let- ter written by the Secretary of State to Vice-President Marshall as President of the Senate. The important provision of this agreement was that subjects of Great Britain or Canada were to have a stated time in which they might return to their own countries to serve. If they remained in this country beyond that time they would come under American draft regulations.
Q 60. — Can America draft British subjects even if outside American age limits?
A.—Yes. By the American-British agreement, it was provided that British subjects drafted by the United States should be drafted between the British limits, which take in men of twenty and men up to forty-one years old, while the American age limit is from twenty-one up to thirty years.
Q 61. — How many British subjects in America had not volunteered in 1917?
A.—It was estimated by various British authorities late in 1917 that there were about 200,000 British subjects in the United States who would come under the draft.
Q 62. — Are women alien enemies?
A.—The term "alien enemy," as at present defined by statute, includes all natives, citizens, denizens, or subjects of a foreign nation or government with which war has been declared, being males of the age of fourteen years and upward who shall be within the United States and not actually naturalized as American citizens.
Females are not alien enemies within the present statutory definition; but a recent regulation under the Espionage Act has extended its provisions to them.
Q 63. — Is an alien who has taken out first citizenship papers classed as an alien enemy?
A.—The Department of Justice authorizes the statement under the definition of alien enemy, Section 3: "A male native, citizen, denizen or subject of a foreign nation or government with which war has been declared is an alien enemy, even though he has declared his intention to become a citizen of the United States by taking out first papers of naturalization or has been partly or completely naturalized in any country other than the United States." Thus a German who had, let us say, become a citizen of Mexico (a neutral country) would still be considered an alien enemy.
Q 64. — What is the best way to send presents to France?
A.—Money may be sent at domestic rates, payable at a "United States Mail Agency in France." In drawing order the office of payment should be designated as "U. S. Army Postal Service," and in the coupon the name of the payee should be followed on the next line by the regiment and company, or other organization to which the payee belongs.
All articles admissible to the domestic parcel post may be sent to the Expeditionary Forces overseas, if carefully packed and properly addressed, and if they do not include intoxicants, poisons, inflammable articles (including friction matches), or compositions which may kill or injure another or damage the mails.
Regimental commanders must endorse requests for transmission of parcels.
Q 65. — How does America protect its soldiers financially?
A.—The government provides a compensation of $25 a month to the wife (during widowhood), child, or widowed mother of any man killed or permanently disabled in the line of duty.
In addition, Congress authorized, on October 6, 1917, the offering of insurance, secured by the government, to all officers, enlisted men, and members of the nurse corps in the Army and Navy who should apply before February 12, 1918 (this time being afterwards extended to April 12th) or within 120 days after enlistment.
Q 66. — Are all soldiers eligible to government insurance?
A.—This bill makes all officers and men in both branches of the service eligible. The policies range from $1,000 to $10,000, and the age limit is 15 to 65. The premium is based on age; a man of 30 on a $1,000 policy pays 69 cents a month, etc. The policy ispayable in monthly instal- ments to the insured, if wholly disabled, and to the heirs, at his death.
Q 67. — What are the Government Insurance provisions?
k—Annual renewable term insurance for the period of the war, with the option of changing to some other form within five years after the dose of the war. It was not attachable or assignable.
Each $1,000 gave $5.75 a month for 20 years to the beneficiary—who might be wife, husband, child, grandchild, brother, sister, adopted brother or sister, stepbrother or sister, parent, grandparent, step-parent or parent-in-law.
The amount taken could be from $1,000 to $t0,000, the premium ranging from 65 cents a month for each $1,000 at the age of 21, to 70 cents at 31, 82 cents at 41, and so on.
Q 68. — Was protection limited to injuries in line of duty?
A.—No. It was unlimited by any such provision. Even those who might leave the service could still carry it—with the condition that within five years after the close of the war they must change to another form.
Q 69. — Did the men take advantage of the insurance offer?
A.—They did so enthusiastically that by February 28th over a million men had been insured for a total of $8,879,1a coon; and the indications were that the entire military force would improve upon the unheard-of record already made of being nearly 90 percent insured for the maximum amount.
George H. Doran Company by Arrangement with the Review of Reviews Company, Two Thousand Questions and Answers About the War: a Catechism of the Methods of Fighting, Travelling and Living; of the Armies, Navies and Air Fleets; of the Personalities, Politics and Geography of the Warring Countries with Seventeen New War Maps and a Pronouncing Dictionary of Names, New York, 1918
World War One Draft
The Draft - Selective Service of WWI
Military Census and Inventory Card - New York
Notice of Certification
Notice of Enrollment Under Military Law
Notice of Physical Examination
Draft Registration Cards
1917-06-05 Gjenvik (Norwegian Immigrant)
1917-06-05 Secor
1918-09-12 Newville (New Version)
Registration Certificates
1917-06-05 Gjenvik
Drawing the First Number
Bulletin of Information for Persons Registered
Selective Service System Aims - Accomplishments - Future
The Selective Draft - Q&A
Other World War I Sections
Soldiers' Bonus
Soldiers' Diary
The Draft - Selective Service
Troop Transport Ship - USS Princess Matoika
Primary Military Collections
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Home > News > New RLSS and GLL partnership to promote swimming pool safety, get more people swimming
New RLSS and GLL partnership to promote swimming pool safety, get more people swimming
The RLSS (Royal Life Saving Society) and GLL ( Greenwich Leisure Limited) have signed a partnership agreement for the delivery of Swimming Pool lifeguarding courses for the next three years until the end of 2022.
GLL is the UK’s largest public swimming pool operator with 140 pools and over 5,000 lifeguards; RLSS is the UK’s largest lifeguarding qualifications provider in the UK. The move will save money and provide a secure training partnership that guarantees the highest standards in GLL’s pools and sustainable career pathways for thousands of lifeguards and swim teachers.
All GLL’s lifeguards are trained in the RLSS National Pool Lifeguard Qualification and its swimming teachers enjoy the benefits of the National Rescue Award for Swimming Teachers and Coaches.
The RLSS and GLL are both focused on improving overall participation in swimming and creating environments and qualifications that reflect how modern pools should be operated.
Chris Hebblewhite, Associate Director for Standards and Compliance at GLL said: “GLL are delighted to be working with RLSS to improve swimming pool safety with the intention of getting more people, more active, more often. Safe and well-maintained pools encourage repeat visits and as a social enterprise we need to support the health of local communities in this way.
“Nationally, there is a shortage of lifeguards and the industry desperately needs to attract young people, especially those from disadvantaged backgrounds, something that both our organisations are passionate about.”
Robert Gofton, CEO of RLSS UK added: “We believe that lifeguards should reflect our wider society and that everyone, irrespective of their background, disability, faith, gender, race and sexual orientation, should be able to take advantage of the many benefits of lifeguarding.”
“We are delighted to partner with a forward-thinking organisation like GLL, to deliver pool lifeguarding courses and encourage more people from all backgrounds to join the lifeguarding community.”
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Country Club Rebuffs Mosher's Discount
DENVER-Greg Mosher is offering the Country Club at Castle Pines to its membership for $9 million, 25% less than the price he says San Diego-based Heritage Golf Course was willing to pay.
By John Rebchook | July 14, 2004 at 01:34 PM
DENVER-Locally based investor Greg Mosher has acquired the Country Club at Castle Pines as part of a larger purchase of about 250 residential and commercial lots in a tony Douglas County neighborhood. He planned to flip the club, which includes a 18-hole golf course, to San Diego-based Heritage Golf Course for $12 million in cash.
Heritage, Mosher says, was going to pump at least $1.7 million in capital improvements to the club, but more likely another $4 million to $5 million. But after many of the 491 members of the private club protested, Mosher is offering a deal to the members, according to correspondence obtained by GlobeSt.com.
Mosher is offering to sell it to the members for $9.3 million, a 23% discount to what Heritage agreed to pay, he says. In addition, at closing he will provide $250,000 in working capital, effectively reducing the price to $9 million.
However, there are conditions to the purchase. In exchange, Mosher wants the homeowners to drop any litigation against him. Last year, the group unsuccessfully tried to stop the sale. Mosher wants the same thing from developer Jack Vickers III, founder of Castle Pines, which includes estates worth more than $1 million, in addition to the Castle Pines Golf Course that hosts the PGA International tournament each year.
A letter to members, obtained by GlobeSt.com, from a grassroots group called the Committee For the Preservation of the Country Club calls the idea of asking Vickers to drop the lawsuit “preposterous.” The lawsuit stems from a former business arrangement where Vickers and Mosher were going to buy the land and club from Fidelity Castle Pines Ltd., Castle Pines Fidelity Associates Limited Partnership, and St. Paul Properties. Fidelity, an affiliate of St. Paul, was Vickers’ lender during the real estate crisis of the late 1980s, and obtained the land from him when he couldn’t meet his loan payments. The lawsuit, obtained by GlobeSt.com, among other things, alleges that Mosher provided Vickers with a phony agreement that “fabricated a portion of a purchase and sales agreement with Fidelity that purported to prohibit Vickers from purchasing or developing any interest in the Fidelity property. Mosher then used the phony agreement to carve Vickers out of the transaction and to keep the Fidelity for Mosher’s own benefits. In so doing, Mosher both defrauded Vickers and breached his fiduciary duty to Vickers.”
Mosher, for his part, says Vickers’ suit is unfortunate and saddens him, but doesn’t want to comment on it. Mosher also wants members to assign a lawsuit they have against Fidelity to him, alleging Fidelity “looted” the club over the past decade. But a lawyer for the group, who also is a club member, says that judgment could be worth about $10 million, so they don’t plan to turn it over to Mosher.
And although Mosher says he is losing millions of dollars by selling the club at a discount, members may think he is asking too much. A poll of the members by the Committee For the Preservation of the Country Club at Castle Pines, however, shows that 84% would be wiling to buy the club for $8 million. Indeed, the committee says that even the $8 million is an “economic stretch.”
Westcore Buys 4M-SF Industrial Portfolio From USAA Real Estate
The firm closed the year with the acquisition of a 4 million-square-foot industrial portfolio located in nine major markets.
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GlobeSt.com UPDATE: Sony Building Office/Retail Condos Sell Out for $65M
MIAMI-With the sale of the building's 10,538-sf ground-floor retail space for $13.5 million, the 72,000-sf office building at 605 Lincoln Rd. is sold out, and floors occupied by Sony are being remarketed for $11.9 million.
By Marita Thomas | December 06, 2005 at 09:35 AM
MIAMI-The conversion of the 72,000-sf Sony Building by Coral Gables-based Bayview Financial into office condos with condo retail space on the ground floor has sold out within a year for $65 million. A New York City-based institutional investor acquired the final 10,538-sf retail component for $13.5 million.
Locally based the Campins Co., headed by Katrina Campins, marketed the building for Bayview. The retail space is fully leased to three tenants, including an Oakley store, already in place, and Journey’s End and a Starbuck’s Hear Music store, which will soon open.
Campins tells GlobeSt.com the $1,281-per-sf price tag is the highest ever paid here for a retail condo. Richard Leong of New York City-based Butler Kane Inc., a specialty retail brokerage firm, represented the buyer. “Bidding was intense,” Leong says, and credits the sale to “the trophy nature” of the building, which was built in 1932 and is located at 605 Lincoln Rd.
Campins’ own company, TCC, bought office space on the third floor for its headquarters. Following the initial office sellout, one buyer is putting its 26,609-sf stake up for sale. The space includes a small unit on the third floor and floors six and seven, which are fully leased to Sony until November 2008. Campins is remarketing for the buyer at a price tag of $11.9 million.
$200B of Investment Capital Will Come Off of the Sidelines This Year
Capital has sat on the sidelines through the uncertainty of 2020, but this year, investors will re-enter the market.
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Spieth expecting tough Masters defence
Masters Tournament defending champion Jordan Spieth is expecting a tougher and faster course at this year’s event which starts on April 7 in Augusta.
At the 2015 event played on slower greens, the world number one stormed to a record-equalling 18-under par to win his first major.
The 22-year-old Texan, who is preparing to defend his Green Jacket next month, visited the Augusta National Golf Club to take a look at the course recently.
In a chat with reporters, Spieth said the greens looked much firmer and faster and he feels that the organisers are trying to make the course much tougher to avoid a repeat of the high scores at the 2015 event.
"The golf course looks very similar, it's even in better shape before the event than it has been the last couple of years," said Spieth.
"But the greens were very, very quick and very healthy, so I've got a feeling that they are not going to want 18-under to win again.
"I've got a feeling it might be playing a little more challenging this year." Spieth added.
The American has had a very mixed start to 2016 form wise having recently missed the cut at the Northern Trust Open after shooting a 79 at Riviera.
Spieth, who will next be in action at the WGC-Cadillac Championship, admits that he has been working hard on his game this past week.
"I've been working pretty hard on my game over the last week and a half to try to get it ready for a challenging golf course," Spieth said. "Only the scores will end up telling, but I feel better about my game.
"I feel better about the way I'm going to attack these next couple of weeks considering they are very challenging golf courses.
"I felt I was maybe playing a little too aggressive in LA, and I'll come in with a little different attitude, really respect the golf courses a bit more here."
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Today’s Email Announcements
Published Thursday, March 9, 2017 at 10:34 am
Morgan Lecture Series Hosts Astronomer Dr. Michael Brown on Thursday, March 23
The Morgan Lecture Series of Science will host Dr. Michael Brown, a solar-system astronomer and professor of planetary astronomy from California Institute of Technology (Caltech). He will give a free, public lecture titled “Planet Nine from Outer Space” on Thursday, March 23, at 6:30 p.m., in the Blue Ridge Ballroom of the Plemmons Student Union.
The Morgan Lecture Series in the Sciences was created by an endowment from the G. William Morgan Family. Additional sponsors for this event are the College of Arts and Sciences and the Department of Physics and Astronomy.
“Recent evidence suggests that a massive body is lurking at the outskirts of our solar system, far beyond the orbits of the known giant planets. This object, at a distance approximately 20 times further than Neptune and with a mass approximately 5,000 times larger than Pluto, is the real ninth planet of the solar system,” Brown said.
He will discuss the observation that led to the evidence for Planet Nine and how so massive an object could have been hiding in the outer solar system for so long, as well as the international effort to pinpoint this newest member of our planetary family.
Brown’s memoir, “How I Killed Pluto and Why It Had It Coming,” is on the discovery of Eris and the reclassification of Pluto. It is an award-winning best seller.
Brown will also give a technical talk in the Department of Physics and Astronomy, as well as meet with students, during his visit March 23 from 2 to 3:15 p.m., in Garwood Hall Room 112. His talk will be on “Tales from the Outer Solar System.” He will discuss the discoveries and new views of giant collisions, stellar encounters and planetary rearrangements that are being identified through research and study.
“The past few years have seen an explosion in the discoveries of Pluto and nearby Pluto-sized bodies in the outer solar system, giving rise to a new classification of “dwarf planets,” stated Brown. “Like Pluto, each of these largest dwarf planets has a unique story to tell about the history and evolution of the solar system.”
For more about Brown, visit his website at http://web.gps.caltech.edu/~mbrown. For information about other College of Arts and Sciences events, visit https://cas.appstate.edu. To support speakers and events on campus, visit http://give.appstate.edu.
About the Morgan Science Lecture Series
The Morgan Science Lecture Series was established with a gift from the G. William Morgan Family. Morgan was a 1934 graduate of Appalachian and a health physicist with the U.S. Atomic Energy Commission. The series stimulates scientific understanding and research among the sciences by bringing researchers to campus. Previous speakers include David Suzuki, award-winning geneticist and broadcaster, evolutionary biologist Stephen J. Gould, population ecologist Paul Ehrlich, former U.S. Secretary of Energy Steven Chu and oceanographer and underwater archaeologist Robert Ballard.
Citizen Science Program Calling For Help Observing the Weather
Do you ever wonder how much rainfall you received from a recent thunderstorm? How about snowfall during a winter storm? If so, an important volunteer weather observing program needs your help! The Community Collaborative Rain, Hail, and Snow network, or CoCoRaHS, is looking for new volunteers across North Carolina. The grassroots effort is part of a growing national network of home-based and amateur rain spotters with a goal of providing a high density precipitation network that will supplement existing observations.
CoCoRaHS came about as a result of a devastating flash flood that hit Fort Collins, Colorado, in July 1997. A local severe thunderstorm dumped over a foot of rain in several hours while other portions of the city had only modest rainfall. The ensuing flood caught many by surprise and caused $200 million in damages. CoCoRaHS was born in 1998 with the intent of doing a better job of mapping and reporting intense storms. As more volunteers participated, rain, hail, and snow maps were produced for every storm showing fascinating local patterns that were of great interest to scientists and the public. Recently, drought reporting has also become an important observation within the CoCoRaHS program across the nation. In fact, drought observations from CoCoRaHS are now being included in the National Integrated Drought Information System.
North Carolina became the twenty-first state to establish the CoCoRaHS program in 2007, and by 2010, the CoCoRaHS network had reached all 50 states with nearly ten thousand observations being reported each day. Through CoCoRaHS, thousands of volunteers, young and old, document the size, intensity, duration and patterns of rain, hail, and snow by taking simple measurements in their own backyards.
Volunteers may obtain an official rain gauge through the CoCoRaHS website ( http://www.cocorahs.org ) for about $30 plus shipping. Besides the need for an official 4 inch plastic rain gauge, volunteers are required to take a simple training module online and use the CoCoRaHS website to submit their reports. Observations are immediately available on maps and reports for the public to view. The process takes only five minutes a day, but the impact to the community is tenfold: By providing high quality, accurate measurements, the observers are able to supplement existing networks and provide useful results to scientists, resource managers, decision makers and other users.
“North Carolina has one of the most complex climates in the U.S.,” said Dr. Ryan Boyles, state climatologist and director of the State Climate Office, based at North Carolina State University. “Data gathered from CoCoRaHS volunteers are very important in better understanding local weather and climate patterns.”
“An additional benefit of the program to the National Weather Service is the ability to receive timely reports of significant weather (hail, intense rainfall, localized flooding) from CoCoRaHS observers that can assist forecasters in issuing and verifying warnings for severe thunderstorms,” says David Glenn, CoCoRaHS State Co-coordinator and meteorologist with the National Weather Service in Newport/Morehead City.
How does one become a CoCoRaHS observer? Go to the CoCoRaHS website above and click on the “Join CoCoRaHS” emblem on the upper right side of the main website. After registering, take the simple online training, order your 4 inch rain gauge and start reporting!
“We are in need of new observers across the entire state. We would like to emphasize rural locations, areas of higher terrain, and areas near the coast,” added Glenn.
North Carolina CoCoRaHS can also be reached on Facebook and through Twitter.
Lost Province Brewing Co. to Host Fundraiser on Tues., Mar. 14
Lost Province Brewing Co. will be hosting “Get Lost for a Cause” on Tuesday, Mar. 14, from 11:30 a.m.-10:00 p.m. with live music from 7-9 p.m. This event is a fundraiser for RISE (Relationships Intended for Self-Sufficiency and Empowerment), an initiative of Hospitality House, that is striving to help families overcome poverty in Watauga County. RISE is committed to establishing well-being for all through intentional relationships focused on learning, personal development and community service.
Movies in Boone Theaters This ... »
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Once More With Streaming: Kylesa – From the Vaults, Vol.1
This is quite a treat for all of you constant readers who prefer to err on the sludgier side of the metal spectrum. We recently informed you of the forthcoming compilation album from Savannah, Georgia sludge-masters, Kylesa. The compilation of b-sides, unreleased tracks, and reworkings of older songs titled From The Vaults, Vol. 1 is due out for release November 20th. And that just happens to be today! So you should probably go pick that think up, as it’s quite a great collection of tracks. It feels just like a new album, and while the diminished role of Laura Pleasants on vocals was a bit disappointing, overall it is a great collection of tracks, and a worthy gem in Kylesa’s already gleaming discography.
However, if you’re short on cash, or you would simply like to ‘try before you buy’, now you can do so in a completely legal way. The wonderful people of Kylesa in collaboration with the equally great people over at Loudwire have supplied us, the metal populace, with a free stream of the new compilation in its entirety. Get your fix of Kylesa here. Making this all that much better is the fact that along with the stream is a small update on the band, which states that after their small European tour the band will immediately enter the studio to record an all new album that they plan to release in 2013.
I don’t think it is too much of a stretch to say that Savannah, GA natives, Kylesa, are easily one of the best and most consistent sludge bands to emerge from the modern metal scene. While their Georgian sludge metal brethren Mastodon and Baroness have all but abandoned their sludgy ways in favor of more progressive tendencies, Kylesa have stayed true to their sound, and over the years have been able to release five phenomenal sludge records littered with elements of psychedelia, and delicious crusty riffs. With the release of this compilation Kylesa are once again proving that they know how to make wonderfully heavy, and groovy sludge metal leagues ahead of their contemporaries. God Bless you Kylesa, and here’s to a speedy and successful recording session.
– EC
BaronessFrom the Vaults Vol. 1KylesaMastodon
Heads Up! Alpha Male Tea Party Are Back With “Bonfire Disaster Movie”, New Album Out Tomorrow
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Grand jury indicts two videographers who shot in secret at Planned Parenthood clinic
US & World // News
Planned Parenthood cleared in inquiry
By Brian M. Rosenthal, Austin Bureau Jan. 25, 2016 Updated: Jan. 26, 2016 1:38 p.m.
A grand jury investigating whether a Houston Planned Parenthood clinic sold organs of aborted fetuses cleared the clinic Monday and instead indicted the undercover videographers behind the allegations, surprising the officials who had called for the inquiry and delighting supporters of the women’s health organization.
The Harris County grand jury indicted David Daleiden and Sandra Merritt, both of California, on charges of tampering with a governmental record, a second-degree felony, which carries a possible sentence of up to 20 years in prison. It also charged Daleiden, the leader of the videographers, with the same misdemeanor he had alleged — the purchase or sale of human organs, presumably because he had offered to buy in an attempt to provoke Planned Parenthood employees into saying they would sell.
An arrest warrant was issued late Monday.
“We must go where the evidence leads us,” Harris County District Attorney Devon Anderson, a Republican, said in a statement. “All the evidence uncovered in the course of this investigation was presented to the grand jury. I respect their decision on this difficult case.”
The videographers, who had posed as employees of a company that buys tissue and filmed their interactions with Planned Parenthood executives, issued a statement saying they had not committed any crimes.
“The Center for Medical Progress uses the same undercover techniques that investigative journalists have used for decades in exercising our First Amendment rights to freedom of speech and of the press, and follows all applicable laws,” the statement said, adding, “Planned Parenthood still cannot deny the admissions from their leadership about fetal organ sales captured on video for all the world to see.”
Planned Parenthood has denied any such admissions or wrongdoing, calling the videos heavily edited and saying it has never profited from selling fetal tissue and received only reimbursements for the costs of preserving the tissue for research, which is legal. The group has sued Daleiden.
Still, the dozen videos released last summer have had a huge effect, including an effort in Congress to defund the organization. In Texas, lawmakers are studying new laws on fetal tissue donation, and the Texas Health and Human Services Commission has said it will kick Planned Parenthood out of the state Medicaid program.
The Harris County investigation was one of several that began in the state after the center released footage of a Houston clinic executive casually discussing the methods and costs of preserving fetal tissue.
Lt. Gov. Dan Patrick was the first to call for the Harris County district attorney’s office to investigate. He also directed a state Senate committee to conduct its own investigation, and on Monday, he said that inquiry would continue. Gov. Greg Abbott and Attorney General Ken Paxton, who also ordered their own investigations, released statements saying they would continue.
Planned Parenthood officials said they felt vindicated.
“It demonstrates what we have said from the very beginning, which is that Planned Parenthood is following every rule and regulation, and that these people came into our buildings under the guise of health when their true intentions were to spread lies,” said Rochelle Tafolla, a spokeswoman for Planned Parenthood Gulf Coast, which runs the Houston clinic.
The National Abortion Federation was more direct in its celebration.
“As we’ve known all along, David Daleiden is the one who broke the law, not abortion providers,” said Vicki Saporta, the group’s president.
One prominent anti-abortion activist, John Seago of Texas Right to Life, suggested that the indictments were more proof that laws needed to be changed, adding, “The Legislature needs to address this.”
Houston Chronicle staff reporters Brian Rogers and Samantha Ketterer contributed to this report.
brian.rosenthal@chron.com
By Ana Khan, Staff writer
Family Fun: Arbor Day, Wild Symphony are top events
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Part of HuffPost Entertainment. ©2021 Verizon Media. All rights reserved.
Why A $450 Million Painting Attributed To Leonardo Da Vinci Worries Art Historians
11/17/2017 02:59 pm ET Updated Nov 18, 2017
The artwork has been hotly debated for years, but its sale signals one thing absolutely: a "very unequal, even obscene distribution of wealth in the world."
By Katherine Brooks and Priscilla Frank
Ahead of Wednesday’s record-breaking auction at Christie’s, during which a painting attributed to Leonardo da Vinci sold for a throat-clenching $450 million, art critic Jerry Saltz voiced some doubts.
Saltz, in an essay for New York magazine, called the portrait of Christ “dead” and “inert,” suggesting that the artwork ― which had been predicted to fetch only $100 million ― is “a sham.” It’s “no Leonardo,” he wrote. Saltz, neither a historian nor an expert in old master work, went on to suggest that Christie’s sale would end poorly. “No museum on Earth can afford an iffy picture like this at these prices.”
And then “Salvator Mundi (Savior of the World)” a 500-year-old portrait of Christ thought to be a copy when it was plucked from an estate sale for a measly $10,000 in 2005, sold for nearly half a billion dollars to an undisclosed private buyer. Suddenly, the controversy surrounding the painting’s authenticity ― its whereabouts over these last few centuries and whether multiple restorations had indelibly altered its surface ― became white noise. Christie’s had managed to rocket past previous auction benchmarks, brokering a historic sum for the seller, Russian billionaire Dmitry E. Rybolovlev’s family trust.
TOLGA AKMEN via Getty Images
"Salvator Mundi" is a portrait of Christ that's been attributed to Leonardo da Vinci circa 1500.
Perhaps a museum lacked funds to secure the questionable picture, but a nameless member of the 1 percent surely possessed pockets deep enough.
To most people, $450 million is an unimaginable sum. As Hrag Vartanian at Hyperallergic pointed out, that’s more money than the total estimated cost of the new Whitney Museum of American Art in New York City: $422 million. (It’s also reportedly more money than the Koch brothers are expecting to spend in the 2018 election cycle: $300 million to $400 million.)
“This is a very small step for mankind, but a big step for the art market,” Frank Zöllner, a German art historian and professor at Universität Leipzig, who’s written a book on Leonardo, told HuffPost in a statement over email. “A heavily damaged painting by Leonardo, which was created with the substantial involvement of his workshop after 1507 or even later, achieved a record price, which is significantly higher than the sums that are called for modern masters.”
“Of course, [‘Salvator’] is the symbol of a very unequal, even obscene distribution of wealth in the world,” Zöllner added.
TIMOTHY A. CLARY via Getty Images
Art experts expressed concern with the $450 million price tag, well above the previous record for a painting sold at auction ― $179 million for Picasso’s “Les Femmes d’Alger,” set in 2015.
“I am deeply shocked by” the price, Stephen Campbell, an art history professor at Johns Hopkins University who focuses on Renaissance art, explained. “As a colleague said to me today, the 1 percent — who owns half the planet’s wealth — are looking for the last few places to deposit their wealth. This is a very limited, overvalued sector of the art market. ... The pricing could be controlled in such a way that a public institution could afford it. This is not a celebratory moment.”
Campbell’s unease stems, in part, from the painting’s murky history, a pressure point for a portion of the scholarly community. Campbell saw “Salvator Mundi” in person six years ago. At the time, he was impressed by the lineup of experts willing to vouch for the work, as well as with the scrupulous condition report Christie’s released elucidating the painting’s entire conservation history. The report notes that X-rays and infrared reflectography revealed the signature pentimenti, or visible changes, that helped confirm the painting’s attribution.
“That being said,” Campbell continued, “there is very little Leonardo visible in the painting that was seen yesterday.”
Campbell estimated that only 20 percent of the painting’s surface was rendered in Leonardo’s 16th-century Italian workshop. The rest was carefully reconstructed by conservators, including Dianne Dwyer Modestini. And even that scant 20 percent is in question; there’s a possibility it was executed by Leonardo’s assistants, meticulously trained to mimic his style, and not by the old master himself. The true hand of the artist, Campbell said, is impossible to definitively discern.
“Most post-1500 [Leonardo] paintings are hybrids,” Campbell said. As a result, “when art historians say Leonardo, they’re talking about a category,” he explained. “It’s a ‘Leonardo effect.’”
Campbell is not the only historian with suspicions. Art adviser Todd Levin and Sotheby’s senior international specialist Philip Hook have also expressed measured doubt about the work and its provenance. The painting that once hung in the collection of Charles I of England now appears cracked and worn, overpainted and slightly reimagined. Its whereabouts from 1763 to 1900 are unknown. It resurfaced, only to be sold in 1958 for £45 and disappear once again ― until it popped up in 2005, courtesy of art dealer Alexander Parish. Between 2013 and 2017, the then-consortium-authenticated painting sold once for over $75 million, and again for $127.5 million.
“The attribution of this painting is hotly debated among Leonardo scholars and Renaissance art historians as it always happens with the discovery of new works by a major artist,” Francesca Fiorani, associate dean for the arts and humanities and professor of art history at the University of Virginia, told HuffPost. “Time will tell if the attribution of this panel to Leonardo will stick or whether in a few years the painting will look very different.”
In a statement to HuffPost, a representative for Christie’s cited Luke Syson, curator of Italian paintings before 1500 and head of research at the National Gallery in London; Keith Christiansen, chair of European paintings at the Metropolitan Museum of Art; Vincent Delieuvin, curator of 16th century Italian painting at the Musée du Louvre; and Martin Kemp, emeritus professor of the history of art at the University of Oxford, among others, as experts willing to endorse the work as Leonardo. Kemp reiterated his support of the attribution during a phone call with HuffPost on Thursday.
“There were some self-seeking publicity people, journalists, who tried to denigrate the painting, which was so expensive ― that was so valued. But they weren’t serious objections,” Kemp said. As evidence of Leonardo’s handiwork, Kemp homed in on several aspects of the work, including the mysterious orb that appears in Christ’s hand.
“It wasn’t like an ordinary sphere,” Kemp recalled of his time gazing at the painting in person. “It looked like rock crystal. ... It’s not the normal ‘Mundi’ sphere. This is the sphere of the fixed stars, of the cosmos. So Leonardo transmuted it from being a savior of the world to being a savior of the cosmos. That’s the kind of genius he was capable of.”
pic.twitter.com/WrJlHVJdjH
— Jerry Saltz (@jerrysaltz) November 16, 2017
As for the sum paid to secure the “Salvator,” Kemp agreed it’s “astonishing.” But the painting, which he described as the “spiritual equivalent to ‘Mona Lisa,’” is, he said, “worth what someone’s willing to pay for it.”
“The people who are paying these sums of money undoubtedly would have undertaken due research,” he added. “It is largely a restoration, and it is a damaged picture, but so are a lot of old master works. It’s not the best I’ve ever seen, and it’s not the worst.”
At the end of the day, Campbell concluded that the doubt surrounding the alleged Leonardo doesn’t matter, because, for all practical purposes, the attribution of the artwork was confirmed by the Christie’s sale.
“As a colleague of mine said, ‘Nothing makes a Leonardo more than a hundred- million-dollar price tag,’” Campbell said. “The valuation works in reverse to justify the attribution.” Ultimately, Campbell said that he could accept the painting as a Leonardo, but he could not reconcile with its price. “It’s become a trophy, a market fetish. It’s being taken away from the interest of scholars,” he said.
Lynn Catterson, a part-time lecturer at Columbia University who specializes in the Renaissance, the historical art market and 19th-century Florence, similarly described the painting’s value as “ridiculous and endemic to a planet whose economic disparities are worse than severe. And that is leaving aside issues of authenticity and provenance.”
As Tim Schneider wrote for Artnet News, Christie’s revised fee structure saddles buyers capable of purchasing works over $4 million with a 12.5-percent premium, which ultimately carried the final $400 million bid for “Salvator” to a total payout closer to the half-billion mark. For cultural institutions with limited budgets, the premium allows private buyers to outbid them at auction, leaving cultural touchstones in the hands of the ultra-rich.
This year’s Global Wealth Report, published on Tuesday, confirmed that 1 percent of the world’s population owns half the world’s total household wealth. Just as money has the power to shape democracy, so does it threaten to rewrite art history. If a seismic price tag becomes a more powerful indicator of masterworks than scholarly consensus, provenance and authentication, the sale sets a frightening precedent for, as Saltz put it, #FakeArtNews.
“Most people do not seem to realize that an attribution is an opinion and, as such, legally is not binding,” Maurizio Seracini, an art diagnostician who’s worked extensively with Leonardo’s work, said. “Nevertheless, investors are purchasing art at incredible prices based just on opinions! No wonder why the production of fakes is booming internationally!”
A $450 million valuation is then, by most accounts, unbelievable. However, if any artist could posthumously pull it off, Leonardo might be the most probable candidate.
“On one level, a staggering figure in the art market reminds me of global financial disparity,” Bronwen Wilson, a professor of Renaissance and early modern art at UCLA, said. “But I also find myself ruminating on Dan Brown, video games and lineups to see Leonardo’s works ― for the ‘Mona Lisa,’ ‘The Last Supper,’ and exhibitions ― which is to say that there is also something about Leonardo’s particular purchase on the cultural imagination that plays a role in this instance.”
The cult of Leonardo extends far and wide. He’s become the mythical manifestation of interdisciplinary genius, a superhuman amalgamation of artistic talent, scientific acumen and unbridled curiosity. And there is still another Leonardo work in private hands: “The Madonna of the Yarnwinder.”
As Campbell mentioned, it will be interesting to see what happens if and when this final masterpiece hits the auction block. Perhaps “Madonna” won’t match the hefty price tag of “Salvator,” suggesting soaring auction prices have reached their tipping point. However, if values continue to inflate, the art market’s steel bubble will continue to serve as a glorified piggy bank for the 1 percent.
Hey, Jerry: pic.twitter.com/sqoaEsKqBV
— Benjamin Godsill (@mrgodsill) November 16, 2017
This post has been updated to clarify the effect of Christie’s buyer’s premium.
'Lost' Leonardo Da Vinci Sells For Record $450 Million At Auction
Leonardo Da Vinci's Long-Lost Painting Of Christ Could Fetch $100 Million
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‘Bridgerton’ Isn’t Bad Austen — It's An Entirely Different Genre Ted Cruz Tries To Slam Biden's First Day In The Most Clueless Way Possible Anderson Cooper Left Speechless In Interview With Amanda Gorman Biden Warns Staffers Not To Break 1 Key Rule Or 'I Will Fire You On The Spot'
Ted Cruz Tries To Slam Biden's First Day In The Most Clueless Way Possible Anderson Cooper Left Speechless In Interview With Amanda Gorman Biden Warns Staffers Not To Break 1 Key Rule Or 'I Will Fire You On The Spot' Uniformed Man Knelt By Beau Biden's Grave During Inaugural Address
Katherine Brooks
Deputy Enterprise Editor, Culture, HuffPost
Priscilla Frank
Arts and Culture Reporter, HuffPost
Painting Museums Business Income Inequality Art History
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Billie Eilish Announces Dates For 2020 “Where Do We Go” World Tour
Written by Jason Price on September 27, 2019
Global, chart-topping Interscope/Darkroom Records artist Billie Eilish has announced her 2020 arena WHERE DO WE GO? WORLD TOUR, produced by Live Nation. Starting on March 8 in Miami, FL, WHERE DO WE GO? tour will take her live show to some of the world’s biggest arenas including New York City’s Madison Square Garden on March 15. General on-sale starts Oct 4.
For a full list of tour dates and ticket information, see below, for more information go to: www.billieeilish.com/tour
Following the release of her official music video for ‘all the good girls go to hell’ – accompanied with the important call to action on climate change – Billie Eilishcontinues to set an example by partnering with non-profit organization REVERB for her upcoming tour. To help create and encourage an eco-conscious environment both backstage and for her fans, Billie Eilish will be allowing fans to bring their re-fillable water bottles to the shows, water-stations will be available at every venue for both attendees and crew backstage, plastic straws will not be permitted and a Billie EilishEco-Village will be stationed at every show, providing attendees information and resources on ways to help combat climate change and preserve the Earth. For more information, go to www.billieeilish.com
Tomorrow night, Billie Eilish will be joining host Woody Harrelson as the musical guest for the season opener of NBC’s Saturday Night Live. Tonight, she will be the lead guest on NBC’s The Tonight Show Starring Jimmy Fallon. On Monday, she will be appearing onThe Howard Stern Show on Sirius/XM.
Last month, Eilish earned her first No. 1 on the Billboard Hot 100 with ‘bad guy,’ taken from her multi-platinum global smash debut album, WHEN WE ALL FALL ASLEEP, WHERE DO WE GO?[Darkroom/Interscope Records].
Billie Eilish is officially the first artist born this millennium to achieve both a No. 1 album and single, and is now the third female solo artist in the 31-year history with multiple songs topping the Billboard Alternative Songs airplay chart (alongside Alanis Morrissette and Sinead O’Connor). “bad guy” also hit #1 in the Pop Songs airplay chart after leading the Alternative Songs airplay. Her album, WHEN WE ALL FALL ASLEEP, WHERE DO WE GO? — released on March 29 [Darkroom/Interscope Records] — debuted at No.1 on the Billboard 200 album chart, has since returned to the top spot two additional times this year, and is currently 2019’s best-selling album in North America. Recently, Billie Eilish graced the cover of Rolling Stone, V and ELLE, and has amassed more that 17-billion combined global streams to date.
NORTH AMERICAN TOUR DATES*
03/09 – AmericanAirlines Arena – Miami, FL
03/10 – Amway Center – Orlando, FL
03/12 – PNC Arena – Raleigh, NC
03/13 – Wells Fargo Center – Philadelphia, PA
03/15 – Madison Square Garden – New York, NY
03/16 – Prudential Center – Newark, NJ
03/18 – Capital One Center – Washington, DC
03/19 – TD Garden – Boston, MA
03/20 – Barclays Center – Brooklyn, NY
03/23 – Little Caesars Arena – Detroit, MI
03/24 – United Center – Chicago, IL
03/25 – Bankers Life Fieldhouse – Indianapolis, IN
03/27 – Bridgestone Arena – Nashville, TN
03/28 – Enterprise Center – St. Louis, MO
03/29 – CHI Health Center Omaha – Omaha, NE
04/01 – Pepsi Center – Denver, CO
04/04 – The Forum – Los Angeles, CA
04/07 – Chase Center – San Francisco, CA
04/08 – Golden 1 Center – Sacramento, CA
04/10 – Tacoma Dome – Seattle, WA
04/11 – Pepsi Live at Rogers Arena – Vancouver, BC
*To ensure tickets get in to the hands of fans, the tour has partnered with Ticketmaster’s Verified Fan platform. Fans can register now through Monday, September 30 at 11:59pm ET HERE for the Verified Fan presale. Registered fans who receive a code will have access to purchase tickets before the general public on Thursday, October 3 at 10am local time through 10pm local time.
LATIN AMERICAN TOUR DATES
05/25 – Arena VFG – Guadalajara, Mexico
05/27 – Palacio de los Deportes – Mexico City, Mexico
05/30 – Allianz Parque – Sao Paulo, Brazil
05/31 – Jeunesse Arena – Rio de Janeiro, Brazil
06/2 – DirecTV Arena – Buenos Aires, Argentina
06/5 – Movistar Arena – Santiago, Chile
06/7 – Movistar Arena – Bogota, Colombia
EUROPEAN AND UNITED KINGDOM TOUR DATES
07/9 – TBA – TBA, Spain
07/10 – NOS Alive (festival) – Lisbon, Portugal
07/13 – Ziggo Dome – Amsterdam, Netherlands
07/14 – Mercedes-Benz Arena – Berlin, Germany
07/15 – Lanxess Arena – Cologne, Germany
07/17 – MIND (Area Expo) (festival) – Milano, Italy
07/18 – Lollapalooza (festival) – Paris, France
07/19 – Werchter Boutique (festival) – Werchter, Belgium
07/21 – Manchester Arena – Manchester, UK
07/24 – Arena Birmingham – Birmingham, UK
07/26 – O2 Arena – London, UK
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Having had a long stint in the power industry, working with clean-tech and high-tech companies, Sunit Arya, chairman of Mera Gao Power (MGP), says, “I decided to engage in something that would impact life in India’s villages.”
Updated : December 23, 2019, 11:45 am
Fraud in ayurvedic and unani drugs deal in Uttar Pradesh
Fraud in medicines deal.
Updated : July 11, 2013, 6:47 pm
'The economic future of India and Nepal depends crucially on water agreements'
The economic future of India and Nepal depends crucially on water agreements.
Updated : July 13, 2012, 12:27 pm
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Monal Gajjar reveals she didn’t know that Kaagaz is produced by Salman Khan until...
Entertainment January 20, 2021
Satish Kaushik’s directorial Kaagaz got a direct-to-digital release on Zee5 a few days ago. The movie stars Pankaj Tripathi and Monal Gajjar in the...
The shooting of Akshay Kumar starrer Bell Bottom started in August 2020, and in one month the shooting of the film was wrapped up....
Amazon Prime Video’s web series Tandav starring Saif Ali Khan, Mohammed Zeeshan Ayyub and Dimple Kapadia has been embroiled in controversies. A couple of...
There is no denying the fact that Ayushmann Khurrana’s name has become synonymous with quality cinema. Ever since beginning his acting career with Shoojit...
Pawan Kalyan and Ram Charan to join forces for a multi-starrer?
Film enthusiasts are always on the lookout for movies which boast the presence of more than one superstar. After all, who does not want...
Tusshar Kapoor to produce and star in Maarrich, co-starring Naseeruddin Shah
Popular Bollywood actor Tusshar Kapoor, who turned producer with the Akshay Kumar and Kiara Advani-starrer horror-comedy Laxmii (2020), is set to produce yet another film....
Kartik Aaryan’s Bhool Bhulaiyaa 2 to resume shoot in July
When India went into a complete lockdown in March 2020 in an attempt to contain the spread of the Coronavirus pandemic, several ongoing films...
Mrunal Thakur bows out of Ayushmann Khurrana-starrer Doctor G
According to reports, Mrunal Thakur has opted out of Ayushmann Khurrana’s next film Doctor G. The actress was quite psyched up about joining forces...
Deepika Padukone confirms starring alongside Shah Rukh Khan in Pathan
Putting all speculations at rest, Deepika Padukone has confirmed starring alongside Shah Rukh Khan in much-talked-about action flick Pathan. The film marks the onscreen...
Salman Khan starrer Radhe: Your Most Wanted Bhai to release on Eid 2021
From the past few weeks, there have been reports that Salman Khan starrer Radhe: Your Most Wanted Bhai will hit the big screens on...
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Start-up makes SAN out of servers
By Kevin Komiega
—Seanodes has entered the storage industry with a novel approach to creating high-performance virtual storage pools from the unused storage capacity found in application servers.
The company's software, called Exanodes, is based on a Shared Internal Storage architecture that reclaims existing storage resources to build a self-healing, self-organizing, storage infrastructure. Each node is capable of functioning as both an application and storage server, eliminating the need for dedicated storage servers.
An Exanodes cluster can accommodate 128 nodes and interoperates with any block storage device, disk drives, solid-state disk (SSD), RAID, and external DAS. The software allows for sustained read-or-write performance of several gigabytes per second and enables large numbers of internal disks to be managed as a single shared storage pool.
Exanodes also supports fast RAID rebuilds by distributing the RAID set across multiple network nodes so that, according to company claims, 1TB of data can be rebuilt in less than one hour, minimizing the risks of a second disk failure during the rebuild window.
The software can reclaim storage on Linux-based servers, with Windows compatibility expected in 2008. Seanodes is also in the process of developing a similar product for virtual machine (VM) environments.
"Our mission is to provide storage software solutions for commoditized infrastructures," says Frank Gana, director of business development at Seanodes. "Why should customers buy new servers when they own so much unused processing power, and why buy expensive external storage systems when they own largely unused storage capacity in their servers?"
Gana claims the Exanodes software does the same thing for storage that virtual machine technology does for servers. "We aggregate, claim, organize, and consolidate the direct-attached storage of application servers. We then present the pool of storage we create to the application or file system as if it were an external storage array," says Gana.
Pricing for the Exanodes software varies by configuration and starts at approximately $200 per managed server. "Pricing depends on the configuration, but it usually falls in line with that of a low-end SATA box," Gana claims.
International Data Corp. (IDC) has dubbed Seanodes' architecture an "inside-out SAN." Laura DuBois, IDC research director, storage software, says the benefits of the inside-out SAN are obvious. "All the aggregate formatted capacity is available to all the application computers. No stranded capacity exists, and there is no single point of failure since mirroring across systems is employed," she says.
DuBois believes the high-performance computing (HPC) market presents a large opportunity for the inside-out SAN concept. "The HPC methodology already relies on a tight integration between the server and the storage layer. These customers will likely be best conditioned to adopt this new way of addressing storage capacity needs," she says.
However, DuBois says the Seanodes approach is new, and it will require time for the technology to penetrate the market. "It's a new model and it will take time for people to get their heads around. Certainly, Seanodes is going to have to prove itself in terms of performance, reliability, scalability, etc.," she says.
DuBois expects more vendors will emerge with similar technologies if users take to the concept of the inside-out SAN. "I expect there will be more movement in this direction—on both the physical and virtual server side," she says.
Start-up turns Linux servers into virtual storage
This article was originally published on December 11, 2007
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The Jones Group Inc. (JNY), Macy’s, Inc. (M), Fifth & Pacific Companies Inc (FNP): This Apparel Company Has Two Ways to Reward Shareholders
Published on September 6, 2013 at 12:37 pm by The Motley Fool in News
Retailer and apparel-maker The Jones Group Inc. (NYSE:JNY) is at a crossroads. The company has too many brands, which has left it with little growth and declining retail sales. Jones Group is currently exploring a possible sale of the entire company or the divestment of individual brands. Several upcoming events could power shares higher and make the stock a buy.
Jones Group owns over 35 brands in six business segments. The segments include: designer, contemporary, better, bridge, moderate, and juniors. Popular brands from Jones Group include Nine West, Jones New York, and Anne Klein. At the end of 2012, Jones Group had 185 specialty retail stores and 409 outlet stores. Several of these under-performing locations are scheduled to be closed over the next two years.
Recently, The Jones Group Inc. (NYSE:JNY) announced the launch of its new QMack brand. The new clothing line, which will focus on millennial customers, will be sold exclusively at Macy’s, Inc. (NYSE:M) stores across the country. The line promises to allow customers to “mix and mack” tops and bottoms to create trendy outfits for the younger generation. Products will include blazers, mini-skirts, blouses, dresses, and cardigans.
Prices for the new line will range from $29 to $299, which represents a strong entry point that could appeal to a higher end millennial shopper. The company’s partnership with Macy’s, Inc. (NYSE:M) perfectly fits this price point and target customer. In fact, Macy’s turned to Jones Group to appeal to this demographic.
“When Macy’s approached us with the opportunity to create a new brand with a premiere placement on Macy’s, Inc. (NYSE:M) impulse floor, we saw this as an ideal occasion to combine our respective strengths and appeal to the millennial girl,” said Richard Dickson, president and CEO of Jones Group.
The brand has begun selling in 150 Macy’s, Inc. (NYSE:M) locations and online at macys.com, with more stores set to be added in the future. Jones Group will also feature the new brand in the September issue of Vogue magazine.
Sell brands
One option for The Jones Group Inc. (NYSE:JNY) to provide a boost to its stock price is to sell-off one or multiple brands. Jones Group owns over 35 brands, making it hard to focus on inventory and marketing for each individual business. This over-sized portfolio has also made it hard for the company to expand its international push.
In fiscal 2012, Nine West made up 24% of the company’s sales, while Jones New York made up 18% of last year’s sales. After that, the other brands make up small total percentages of sales and fail to differentiate themselves in importance. Nine West may be in for another strong year with a new fall lineup featuring 26 new pairs of shoes. The new lineup will be featured in the September issue of InStyle magazine.
Jones Group should keep its Nine West brand and work on selling-off other brands. Fifth & Pacific Companies Inc (NYSE:FNP) made a similar move. The former owner of Liz Claiborne sold its namesake brand to J.C. Penney Company, Inc. (NYSE:JCP) in an attempt to focus on strong-growing brands. Fifth & Pacific Companies Inc (NYSE:FNP) is now left with Juicy Couture, Lucky Brand, Kate Spade, and Adelington Design.
The sale of brands by Fifth and Pacific has helped the company reward shareholders. Since the January 2012 announcement, shares of Fifth & Pacific Companies Inc (NYSE:FNP) are up over 150%. The sale allowed Fifth & Pacific Companies Inc (NYSE:FNP) to show off its growing brands, expand internationally, and improve its balance sheet. These reasons all represent an opportunity for Jones Group investors, if the company follows a similar path in offloading brands.
Become a licensor
One way The Jones Group Inc. (NYSE:JNY) can transform itself would be a push into brand licensing. Jones could begin to license the use of its brands to certain stores. This would cut inventory costs, and generate higher profit margins and steady income for the company. Iconix Brand Group Inc (NASDAQ:ICON) has seen great success doing this.
Iconix Brand Group Inc (NASDAQ:ICON) owns Candie’s, Bongo, Joe Boxer, Rampage, Mudd, and Zoo York. The company licenses the brands to department stores and retailers under contracts. Most of the contracts are long term and have set dollar minimums paid to Iconix no matter how well the products sell in stores. Iconix takes care of the brand management and some of the marketing, while the licensee is responsible for manufacturing, delivery, and inventory management of the products.
Iconix Brand has had success with this model and is beginning to see its strong portfolio pay off in international markets. Jones Group could have similar success if it started licensing its brands and collecting payments from retailers. The company could then expand internationally through joint ventures, similar to Iconix’ strategy.
Shares of Iconix are up 47% on the year and trade near 52-week highs. Revenue is expected to climb 22% in fiscal 2013, with earnings per share also climbing an expected 32%.
Analysts expect Jones Group to post earnings per share of $0.82 for fiscal 2013, a sharp decline from the $1.24 reported a year ago. Revenue is expected to grow only 0.8% to $3.8 billion. In fiscal 2014, earnings per share are expected to grow to $1.11. Revenue is predicted to hit approximately $3.9 billion, a 1.7% increase. Shares trade at 19 times 2013 expected earnings and 14 times expected fiscal 2014 earnings at the time of writing.
The new focus on millennial shoppers could be a huge positive for The Jones Group Inc. (NYSE:JNY), a company that has struggled to find growth. The company has too many brands, but soon may reward shareholders by selling-off brands and unlocking asset value. At only 14 times next year’s earnings, Jones Group shares look relatively cheap. Take a high flyer on this retail play, or consider investing in Iconix Brand, a company that has found a way to monetize its brands domestically and internationally.
The article This Apparel Company Has Two Ways to Reward Shareholders originally appeared on Fool.com.
Chris Katje has no position in any stocks mentioned. The Motley Fool has no position in any of the stocks mentioned.
Copyright © 1995 – 2013 The Motley Fool, LLC. All rights reserved. The Motley Fool has a disclosure policy.
Fifth & Pacific Companies Inc (FNP)Iconix Brand Group Inc. (ICON)Jones Group Inc (JNY)NASDAQ:ICONNYSE:FNPNYSE:JNY
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Published on September 6, 2013 at 12:37 pm by Inan Dogan, PhD
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The JAB
Sunday. Drums, Bass, and Dreams
Today, drummer Tom describes a dream and takes us through Sunday's recording session . . .
How easy was it to cross over the bridge last night in my dream. She was waiting there with open arms. Her flowing dress in white glistened in the foreground of the grey stone of mortar from the castle.
It was not an embrace, though. Her open arms wanted nothing more than the touch of both our hands. She comes in kindness and acceptance. Her loving smile continues to hold on to me, engulfed in an eternity of compassion.
I know she is a symbol, but of what my mind still wonders, wanders.
What I can’t let go of is the ease. Every time before it is always blocked in some fashion: the bridge crumbling, the road gone or filled with potholes caving in, constant falling as the bridge opens up to an abyss. Today, no. The simplicity today is of no struggle. My steps across needed no guidance, no stumbling, no barriers of any kind to throw me off course. I could see one step after another over the bridge and feel the wind going in the same direction.
My perspective, vision is what I won’t forget, either. I was looking straight ahead. I did not have to look up at the castle or up at the bridge. I was equal with everything I encountered. I looked down at the bridge when I crossed over, watching my every step, then parallel to her. I looked down at our hands as she grasped mine, the warmth of our hands together, then parallel into her eyes of comfort.
After the togetherness of hands on the other side, that was it. The scene was over; the goal accomplished. Nothing more has to be said or done to show its completeness.
But what is it that was achieved? What is it that not could be achieved?
The interpretation of the dream through the crossing over to her is crucial, but what is more is the hands touching and holding. The castle fades into the distance; the bridge is behind me. The close-up is on our hands, her smiling face, our hands. Then all is gone and I awake. What stays is the comforting feeling.
Yesterday we were working on a couple songs to get the drum tracks and bass down. The first one was “Dank Mississippi.” It is one of my favorite songs so far. I play what has become, I think, my signature. It actually comes from the previous, original band I was in before The JAB. It is adding the floor-tom into my hi-hat, snare drum beat. It is a favorite of mine because it gives the beat more power, more bass, more attack, more. But it has to be used sparingly. I am left-handed, but when I was 12, my drum instructor was too lazy to switch the set around for me, so he decided to teach me to play right-handed. His laziness eventually turned out to be to my benefit, because much of what my right hand can play, my left hand can as well, where many drummers are right-hand dominant. If you notice when I play, my left hand is always doing something, mostly ghost notes on the hi-hats or snare to stay equal. But in this configuration, floor-tom and snare are equal.
“Dank Mississippi” is a slammin’ tune, so the floor-tom and hi-hats are equal in sound and dynamics, too. The slamming goes well with the guitars that Jam and Ryan play. The guitars are the heart of the song, but the drums support them and give it the added energy they need to drive the song forward.
That energy needed to be captured in the studio yesterday or the song falls short of what it can accomplish in the listener. My mindset had to be on stage playing for people who I want to feel what we set out to accomplish for the song. I think we did that yesterday.
We all played the song together, even though Duane was only recording me and Alex on the bass. The energy from all of us in the room was needed for the feel to be there. Alex has some deep bass lines that fit well with the floor-tom slamming hard. The guitars layered in creates a movement that I think is very special and is the reason why it is one of my favorite songs as of now.
I know I have not mentioned Terry yet in the song. I thought to leave it a secret for when the song comes out, but he is too crucial. On this song, he plays harmonica and piano. His harmonica trills and echoes are that final layer that makes the final product stand out. And it accomplishes the original idea of the song’s southern flavor. I can’t wait to hear it all pieced together by the brilliance of Duane.
If you want more from the band, check out their Facebook and Instagram pages.
Jam. We didn't kill each other.
Tom's last Lexington blog
Terry. The home stretch.
© 2018 Jam Alker Music
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Michael Franca
Inter Miami CF Academy standout Edison Azcona has been called up to the Dominican Republic’s senior national team. The young winger will join the team ahead of a pair of friendlies against Puerto Rico and Serbia in preparation for World Cup and Olympic qualifiers.
The group will convene for camp beginning on Jan. 15 ahead of the match against Puerto Rico, set for Jan. 19, at 3 p.m. ET at Estadio El Cóndor in La Vega. The team will then face Serbia at Estadio Olímpico Félix Sánchez in Santo Domingo on Jan. 25, at 4 p.m. ET.
Azcona, 17, featured for the Club’s USL League One affiliate Fort Lauderdale CF in 2020. The Academy standout impressed at that level, earning League One All-League Second Team honors and finishing as a finalist for the League One Young Player of the Year award.
Azcona was previously called up to the Dominican national team for the first time in Oct. 2020.
David Beckham Trains with Academy Products at Inter Miami CF Training Center
Inter Miami CF Academy Presented by Baptist Health Closes 2020 on a High
Academy U17 Team puts on a show vs Orlando City!
December 13, 2020 (1 min)
Inter Miami CF Academy’s Discovery Program
Great Fútbol from our U15 Academy Team
December 6, 2020 (1 min)
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Remembering 'Possession' and 'Cosmos' Director Andrzej Zulawski, Dead at 75
The late Polish auteur's catalog remains one of the best and craziest filmographies few have seen.
Mikhail Klimentiev/Pressphotos/Getty Images
Winston Cook-Wilson
Andrzej Zulawski’s controversial, graphic, political, sometimes hilarious, and always viscerally emotional body of work has been little seen in the United States. It wasn’t until 2012, when a highly praised retrospective of the Polish director’s work appeared at a few theaters across the country to showcase his 13 theatrically-released films, that his name became known in this country.
Some of this work — even internationally — was little seen, restricted to small arthouse runs, even when big stars were involved, due to the provocative content. Most of Zulawski’s films were on the verge of being banned at one point or another, and many of his early works were, especially in his home country. He is best known for his 1981 English-language horror classic Possession, starring Isabelle Adjani and Sam Neill. The film won Adjani a Best Actress award after a screening at Cannes, and has since developed into a cult classic.
In 2002, the French government awarded Zulawski the Legion of Honor. Despite his Polish roots and, often, settings, Zulawski worked for much of his career in France, due to censorship from the Communist authorities back home. During his time there, he married and made four acclaimed French-language romantic dramas with internationally known French actress Sophie Marceau.
Zulawski died from cancer he had been battling for years this morning at the age of 75. We can only be thankful that he got a modicum of recognition at the end of his life. His film from last year, [Cosmos] — adapted from the absurdist novel by beloved Polish author Witold Gombrowicz — has not been circulated in the U.S., but won him the Best Director prize at the Locarno Festival last year.
Much of Zulawski’s indescribable catalog — which still feels revolutionary decades after some of the films were produced, both in subject matter and form — is still available only on import DVDs. If nothing else good comes from this tragic loss, hopefully some newfound attention will be paid to the under-appreciated director’s formidable body of work, and lead to worldwide retail release of refurbished prints of his films. They are simply too ambitious and unique not to be as readily available and widely celebrated as the productions of other celebrated iconoclasts like Alejandro Jodorowsky and Lars von Trier.
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How Is Mahatma Gandhi's Anti-Colonialist Struggle?
Comparison of anti-colonialist struggles
In this article, I would like to analyze the history of anti-colonialist struggles in Africa and India by viewing ideas of Concerning Violence by Franz Fanon and Gandhi’s Non-violent power in Actions. Both Franz Fanon and Mahatma Gandhi were great philosophers and revolutionary writers. Their intellectual works were influential in leading anti-colonial revolution, political freedom and human right movement. Their insightful thoughts finally inspired their colonized countrymen to fight for decolonization and independence. Though their philosophies positively impacted anti-colonialism movement, they were not the same in terms of employing violence. I will illustrate my opinions by first reviewing their meaningful thoughts and then comparing them in my analysis.
Mahatma Gandhi was the prominent hero of Indian Independence. Reflecting the history of…show more content…
Gandhi believed that hurting people was not necessary to achieve a satisfactory outcome. The abuse of immoral approach, such as violence and discrimination to Gandhi was of no use to protest British colonizers. Gandhi’s nonviolence disobedience derived from Indian spiritual and religious environment. Abstaining violence was a useful means to change the society and political conditions in Gandhi’s practice and rejecting the use of war was applied as an alternative to armed struggle against oppression. Gandhi advocated his philosophy of nonviolence in their “Britain Quits” campaign and it took in different forms such as mindful persuasion, noncooperation education and adoption of interventions in economical, social and political fields. After decades of civil disobedience and violence resistance, Gandhi eventually achieved the peaceful independence of India and avoided wounds of people’s lives. His nonviolence was not a passive movement but a noble spiritual and philosophical
Eulogy For Mahatma Gandhi Analysis
In Long Walk to Freedom, the author provides details on how Nelson Mandela defended human rights. In Eulogy for Mahatma Gandhi, the author describes how Mahatma Gandhi made such a big impact on many lives. It 's clear to see the author, of Nelson Mandela, Long Walk to freedom and Eulogy for Mahatma Gandhi respect their subjects, but this essay will prove the point that Gandhi was a great defender of the injustice and human rights. The author
Essay On Protestant Reformation
He believed that a person’s conscience should not be subject to power and suppressed by the civil authorities. On the other hand, Michel de Montaigne also developed his ideas toward the religion wars. He expressed his opinions by stating that instead of leaning into cruelty and wealth, religion should destroy vices and lead toward goodness (Document 11). John Milton, who was an English poet that lived through the Puritan Revolution, had also revealed his beliefs toward the freedom of individuals. However, as the last sentence implied that people should rejoice at, instead of arguing and grieving.
The Headstrong Historian Analysis
She shows the vital truth in her portrayal of Heathenism in The Headstrong Historian. “Father Shanahan told her that Anikwenwa would have an English name, because it was not possible to be baptized with a heathen name.” (Adichie 5) In thinking of native Africans as heathens, Father Shanahan represents the lack of regard/empathy that most Europeans had towards native Africans. The Headstrong Historian also demonstrates the vital truth in Ayaju’s story of the village of Agueke. The British attempted to shape the way the people of Agueke did trade. When the people refused, the British destroyed the village.
Blood Diamond Character Analysis
This paper will discuss one aspect of the movie 'Blood Diamond.' Upon release, the film was largely celebrated according to the belief that it had presented a realistic portrayal of the diamond trade in Sub Saharan Africa and that it had given a moving and powerful description of the damage which this trade does to the lives of the people involved in it, and to those who find themselves caught up against their will. However, this paper will argue that the film continues to play into identifiably racist stereotypes and that it manifests a form of fundamentally false reconciliation. In order to demonstrate this this thesis, the paper will focus on the character of Solomon Vandy, portrayed in the film by Djimon Hounsou. It will show how the character's
The Homespun Movement In India
Throughout the British rule over India, the Indians went through multiple movements to attempt to regain their independence from the invasive country. Through the British control, Indians became unequal, separated, and extremely poor. Three of the most effective and/or important movements that occur include The Massacre at the Golden Temple, The Homespun Movement, and The Salt March. Each of these events had a strong effect and contribution in the national movements in India. The movements that had been initiated by the Indians were peaceful and were only used just to gain back their equal rights in their own country.
Modern Afghanistan Essay
The ongoing regional independent and anti-colonial movements also affected his personality. He made a school by the name of Habbibya, from which was to root the young afghan activists and the Siraj al Akhbar. However, the greatest step which he took and initiated the modernization movement was when he issued a decree of amnesty to the Tarzi and Musahiban families. It was tarzi who would influence Ammanullah and get Habbibullah’s support for the need of modernization. However, Habbibullah’s made some mistakes by marrying a daughter of the pro-British Musahiban family because it not only made a power rivalry in the palace, but also became a cause of the fall of Ammanullah rule and the transfer of power to the Musahiban
Mahatma Gandhi's Moral Courage
He believed that not any situation should have violence. For example, he did not use violence even when the police arrested him for no reason. Also, when he was attacked by a mob of white people in Durban, he did not want to press charges against the mob of people. He said “it was one of his principles, not to seek redress the world no matter the risks and consequences of his actions”. Even though he had some injuries he still did not want to press charges, which revealed Gandhi really did not like violence and he would do anything to display to the people that you can solve differences without violence.
Mahatma Gandhi Qualities
Mahatma Gandhi is still remembered in our world today due to his beliefs and virtues. His main values were non-violence, truth, love and brotherhood. Due to his values India was freed from British control. This is also the reason why Indians call him the father of their nation. Gandhi’s full name was Mohandas Karamchand Gandi.
Hindu-Muslim Antagonism In India
But, tension and clashes do not mean antagonism. The British indeed took advantage of the fissures that were already present in the Indian society and attempted to create antagonism. During the British colonial rule, religion was never the only reason for the communal issues in India or the tensions between Hindus and Muslims, but also, favouritism and communal elections and economic status, which were in a way or another aggravated by the British. We can say that there is indeed some truth in what Sir S.A Khan said. Hindus and Muslims could not sit on the same throne at that time but they would the least want the British to sit on the throne and rule over
Political Ambedkar Philosophy
He is critical of dictatorial Hindu communal arrange and argued in favor of self-governing civilization. He probed into the ethical and communal basics of India and gave innovative sense to the lives of underprivileged community. His was a motivation move toward. Reason plays a function in his writings and speeches. The style he worn is very logical to a certain extent tentative.
More about How Is Mahatma Gandhi's Anti-Colonialist Struggle?
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Fitzwilliam Darcy
Fitzwilliam Darcy Essays
First Impressions In Jane Austen's Pride And Prejudice
relationships between them. The main character, Elizabeth Bennet, mistakenly judges Fitzwilliam Darcy and George Wickham based on her prejudice and inaccurate conceptions. Darcy also misjudges and wrongly perceives one of the key characters, Elizabeth as an inferior rather than an equal, due to his arrogance and vanity. Hence, the fixed notions depicted in the beginning of the novel, mainly by Elizabeth and Darcy, influence the various relationships between characters prompting the progression of
New Characters In Jane Austen's Pride And Prejudice
Darcy proposes to Elizabeth, and confesses a deep love for her. She declined his offer due to her knowledge of his past actions against her recent interest Mr. Wickham. She explained to Mr. Darcy why she must decline, this prompts him to prove Elizabeth wrong on her understanding of Mr. Wickham, and of her affection on him. Mr. Darcy, leaves her a letter that explains the true story of what happened to Mr. Wickham, and all of the pain he has cause Mr. Darcy and his sister. He
Pride And Prejudice Character Analysis
The wisest and oldest of people say that marriage is built on a solid foundation of truthfulness, openness, and love. In Pride and Prejudice, two of the main characters, Fitzwilliam Darcy and Elizabeth Bennet find themselves in such a relationship, but not without trials and confusion to begin with. Mr. Darcy is a rich, upper-class man known for being prideful and rude by most testimonies. He is also the nephew of the wealthy and self-consumed widow, Lady Catherine De Bourgh. Miss Elizabeth Bennet
Character Analysis Of Jane Austen's 'Pride And Prejudice'
course honest. Her spirited personality causes her to ignore the craziness and extreme behaviors that happen in her society. Throughout the novel, Elizabeth works through overcoming obstacles that come in the way of her romantic life. Not only does Darcy change her influence with the relationships she has with other characters, but Elizabeth’s family members also influence her relationship with characters as well as other characters in Pride and Prejudice. Elizabeth 's relationship does not have
intially called “First Impressions. “Pride and Prejudice” demonstrates both the inaccuracy yet relevancy of judging someone based on the first time you met them, through Elizabeth Bennet’s first impressions of William Collins, George Wickham, and Fitzwilliam Darcy. The Bennett’s family had a impending reason for why it needed its five daughters to marry to a rich family, as quick as possible. This was that if they did not their estate would be given to their cousin, clergyman Mr. Williams Collins, when
First Modice In Jane Austen's Pride And Prejudice
impression but then it was changed by Austen to pride and prejudice. The title Pride and prejudice focuses on the main them of the novel which traces pride and prejudice as two human traits. These traits can be seen respectively in the relationship of Mr. Darcy and Ms. Elizabeth Bennet. The two characters have pride and prejudice respectively. Charles bingley, a rich single man moves to the estate of Netherfield, which causes quite a stir the area occupants are excited, particularly Mrs. Bennet, who plans
Misconceptions Of Marriage In Jane Austen's Pride And Prejudice
Marriage does not mean happiness and it has not for hundreds of years. From Larry King to Barbara Walters, beauty is not the foundation for marriage and this false idolization of love can be seen in the real world and in the world of fiction. Pride and Prejudice by Jane Austen is a prime example of literary relationships developing around the misconceptions of marriage. The majority of these relationships stem from false love and money, but other marriages rise above the standard and show true love
Historical Criticism In Jane Austen's Pride And Prejudice
The author thought that marriage was to be made of a combination of love, affection and compatibility of character, just as the engagement between Elizabeth Bennet and Fitzwilliam Darcy. Thus, she punished women who took wrong decisions when it came to marriage, as Lydia, who escaped from her family just to get married to George Wickham in a sudden and not very clever act – she clearly was decided just for passion and not for
Prejudice In Pride And Prejudice
speak her mind truthfully, which she always does. Since the beginning, Elizabeth and Mr. Fitzwilliam Darcy have been in conflict. He did not fancy dancing with her since he thought of her as a person from a lower class, and not up to par. When Elizabeth had found out about what he really thought of her, she despised him, and everyone felt so too. They all thought that he was the most un-agreeable man. What Mr. Darcy had said offended her a lot, and made her bitter for quite some time. Thus, when he proposed
Pride And Prejudice Literary Analysis
Rationale: This Part 4 written task 1 is an additional scene from the perspective of Fitzwilliam Darcy from Jane Austen’s novel Pride and Prejudice. The 1813 classic novel’s main plot line is about Elizabeth Bennet who ends up falling for the cold and rude Mr Darcy after first disliking him. The task is adapted from the third chapter of the first part – thus it’s named “Chapter Three” – in which Elizabeth sees Darcy for the first time at an assembly. Many features have remained the same, for example
Marriage In Pride And Prejudice Essay
becoming a penniless spinster. Additionally, Jane Bennet marries Charles Bingley for his honorable title and caring quality. Furthermore, Lydia Bennets’ childish mentality leads her to elope with George Wickham. Finally, Elizabeth Bennet accepts Fitzwilliam Darcy’s proposal based on her sincere feelings for him. All in all, Pride and Prejudice is a novel that accurately represents women and their various attitudes concerning marriage during the 19th
Theme Of Marriage In Pride And Prejudice
In the novel, Pride and Prejudice, Jane Austen effectively portrays how women believe marriage is a necessity to have a satisfied life. The major characters of the story represent the important role in the theme revolving around the dominant reasons an individual desires to marry during the 19th century. For example, the youngest Bennet daughter, Lydia, elopes with Wickham to guarantee that they are going to get married since they live in an era of rigid restrictions. Elizabeth Bennet is a brilliant
Character Analysis Of Elizabeth Bennet
disapproval and Darcy 's admiration. She is always interesting to listen to and always ready to laugh at foolishness, stating, "I hope I never ridicule what is wise or good. Follies and nonsense, whims and inconsistencies do divert me, I own, and I laugh at them whenever I can." Because of her exceptional powers of observation, Elizabeth 's sense of the difference between the wise and foolish, for the most part, is very good. (Josephine, 2003) In spite of her mistake in misjudging Wickham and Darcy, and her
Secondary Characters In Jane Austen's Pride And Prejudice
Pride and Prejudice, by Jane Austen, contains various characters whose functions support main characters and qualities of the two traits: pride and prejudice. The characters less obviously supporting the traits and characters, are the secondary characters. These secondary characters play a major role in assisting the main characters to exemplify the characteristics and contradict the traits to show the opposing sides. In other words, there are main characters who use the traits, pride and prejudice
A Necralist In Jane Austen's Pride And Prejudice
a less0n after they f0und true l0ve. Mr. Darcy had pr0ud 0n himself and he ign0res th0se pe0ple wh0 were 0f l0w standard 0r status. He always th0ught that alth0ugh his behavi0r t0wards 0thers was rude and unexceptable t0 Elizabeth, she w0uld still accept him. Characters in Jane Austen n0vels are m0ral rather psych0l0gical c0nstructs. In Pride and Prejudice, Elizabeth Bennet rejects Darcy’s haughty c0ndescensi0n 0ut 0f hand, the happy ending was when Darcy rec0ngnises Elizabeth’s true virtue. This
Introduction To Jane Austen's Pride And Prejudice
Among them is the present day writer Jane Dawkins, who pieces together a literary patchwork, quilt to tell the story of Lizzy’s first eventful year as Mrs. Darcy i.e. Letters from Pemberley, published in 2007. In this continuation of Jane Austen’s Pride and Prejudice, one of the best loved novels in the English language, Elizabeth Benet, now Mrs. Darcy and mistress of Pemberley, finds herself living a very different life of wealth and privilege.
The Use Of Symbolism In Francis's The Great Gatsby
“The Great Gatsby”, written by the eminent American novelist Francis, was honored as cornerstone of literature in Jazz Age. The story sets in the background of America society in twentieth century, describing about the depression of a rich man Gatsby, who constantly pursues “American Dream” in his life. The fiction consists of several themes such as idealism and modernism to underscore the social and economic injustice. What’s more important, the wide usage of symbolism is one of exemplary and remarkable
A Short Summary: Gender Inequality In India
Gender Inequality The society is embodied with the culture in which men and women have been segregated. The rules and norms set up by the patriarchal society which makes women inferior or weaker to men which in result give rise to gender biased society which turn men and women [sex] into masculine and feminine [Gender]. The word gender is not natural but man-made. According to Narayan, a woman has to discharge the duties of a wife and a mother for her role in life to be self-fulfilling because he
Heathcliff As A Gothic Villain In Fred Botting's Wuthering Heights
feature in gothic fictions which is the transgression. What makes Heathcliff a gothic villain is his wild, unreasonable passion. He transcends the normal limits of both revenge and love. Sometimes exaggeration is made for the sake of emphasis; however, exaggeration in Wuthering Heights is fearful because it is presented as something abnormal, something supernatural, something accurately described as obsession. Heathcliff’s love towards Catherine is supernatural, as well his intense desire for revenge
The Themes Of Innocence In I Am Sam's Poem
We are born with the tools we need to teach compassion and love to the innocent. Innocence is not knowing any better, or not having enough experience to fully comprehend your actions. Compassion is caring for others by putting yourself in their shoes. Additionally, it is also thinking about what it must be like for them to go through that particular moment. In the film, I Am Sam, the main character, Sam, has autism. He had a daughter named Lucy with a homeless woman who stayed with him, but left
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Opposition rejects Chancellor, Chief Justice nominees
-approves Integrity Commission members
President David Granger; Attorney General, Basil Williams; and Minister of State, Joseph Harmon ‘waiting’ on the Opposition Leader, Bharrat Jagdeo, yesterday at State House.
Opposition Leader, Bharrat Jagdeo, has rejected the names of Justices Kenneth Benjamin and Yonette Cummings-Edwards as Chancellor of the Judiciary and Chief Justice respectively.
The disclosures were made yesterday after a reportedly scheduled meeting on the appointments between President David Granger and his team and Jagdeo did not happen.
In fact, the Ministry of the Presidency appeared to be upset, posting a photo on Facebook saying that Jagdeo was a no-show at the State House meeting.
According to the Ministry of the Presidency, after requesting a month for consideration of several matters, the Leader of the Opposition, Bharrat Jagdeo, failed to show up at a follow-up meeting convened. Waiting on him were President David Granger; Minister of State, Joseph Harmon; and Attorney General, Basil Williams.
The meeting was convened to discuss the appointments of the Chancellor and Chief Justice, the Integrity Commission and the Teaching Service Commission, the Ministry said.
However, the Office of the Opposition disputed that.
“Our attention was drawn to a bewildering photograph in circulation of President David Granger sandwiched between Attorney-General, Mr. Basil Williams and Minister of State, Mr. Joseph Harmon seated at a table staring pensively at three empty chairs across the table.
This odd photograph bears the caption: ‘No Show’. It is accompanied by a brief statement explaining that the Leader of the Opposition did not show up at a meeting with the President which was scheduled a month ago, to take place today.”
The Office of the Opposition Leader made it clear that having received no information confirming the meeting for yesterday, as is the usual practice, the “Leader of the Opposition dispatched three letters which contain his response to issues raised at the last meeting.”
Jagdeo’s office claimed that additionally, at or about 16:00 hours yesterday afternoon, the Leader of the Opposition contacted Minister of State, Mr. Joseph Harmon via telephone and informed him of the three letters to the President which were sent.
“The Leader of the Opposition also indicated to Mr. Harmon that he remains ready and willing to meet with the President at a mutually convenient time. In light of the foregoing, it is quite surprising that the government would engage in the publicity stunt which is on display. To clarify this matter, we enclose copies of the three letters. They are self-explanatory. The Leader of the Opposition will deal more elaborately with this issue at a press conference to be held tomorrow (today).
In the letter dated yesterday to President Granger, on the appointments of the Chancellor and Chief Justice, Jagdeo referred to the previous consultative meeting held on January 3, 2018.
“…I have duly considered the two (2) nominees for whom you seek my agreement for appointment as Chancellor of the Judiciary and Chief Justice, respectively, in accordance with Article 127 (1) of the Constitution of the Cooperative Republic of Guyana. As promised, I have done the requisite due diligence. It is with deep regret that I inform you that I am unable to offer my agreement to the appointment of Mr. Justice Kenneth Andrew Charles Benjamin, as Chancellor of the Judiciary and Madam Justice Yonette Decina Cummings-Edwards O.R., as Chief Justice.”
Jagdeo noted that he remains cognizant of the fundamental importance of securing substantive appointments to these two high constitutional offices.
“As a result, I am committed to continuous engagement with your Excellency until there is due compliance with Article 127 (1) of the Constitution.”
In another letter also dated yesterday on the appointment of members of the Teaching Service Commission in accordance with Article 207 of the Constitution of the Cooperative Republic of Guyana, Jagdeo wanted some questions answered.
“Pursuant to our meeting on January 3, 2018, and based upon our discussions thereof, I expected Minister of State, Mr. Joseph Harmon M.P., to have informed me whether your Excellency would be continuing the established convention, whereby the Leader of the Opposition would be invited to submit a nominee to the President, for the President to appoint in accordance with Article 207 (2) (d) of the Constitution.”
Unfortunately, Jagdeo said in the letter, he has received no such information from Minister Harmon.
“However, I remain ready and willing to submit a nominee for your kind consideration, should such a request be made. In the event that your Excellency is departing from the established convention to which I have referred, I consider the totality of our engagement on this issue to be in satisfaction of the requirements of “meaningful consultation” as contemplated by the letter and spirit of Article 232 of the Constitution.”
In the third released letter on the appointment of members of the Integrity Commission, the Opposition Leader disclosed that he was offering no objection to the four persons who were identified by the President for appointment.
“I consider the totality of our engagement on this issue to be in satisfaction of the requirements of “consultation” as contemplated by the letter and spirit of section 3 (4) of the Integrity Commission Act Cap. 19:12, Laws of Guyana.”
No notice
The Ministry of the President in a separate statement quoted Attorney General Williams who said that it is unfortunate that Jagdeo failed to show up at the meeting, despite the President’s decision to grant his request for a month to consider the issues.
He noted that the Leader of the Opposition has put the nation’s business at a standstill.
Minister Williams said that it was minutes before the commencement of the meeting that the Leader of the Opposition sent three letters, which communicated his standing on the three matters.
“However, at no time did those letters indicate that the Leader of the Opposition would not be attending the meeting.
“In relation to the appointment of the Teaching Service Commission, he is asking for further time to identify a nominee but he has agreed for the President to go ahead with the appointment with the members of the Integrity Commission.
“The question of giving him further time for the TSC will be up to the President and in relation to the appointment of the Chancellor and Chief Justice, we will have to continue to look at that matter,” the Attorney General said.
The Minister said that the provision of a name by the Opposition Leader will signal the end of the necessary consultations on the TSC.
“The President will then consider the Opposition’s nominee, paving the way for the appointment of this Commission.”
The Government and the Opposition have been at odds over the appointments of persons to a number of key positions.
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sweet 'n low meaning
Such products can also be high in fat and calories, and may cause gut problems for some people. Few legal wins so far as Trump team hunts for proof of fraud, Denzel Washington 'safe' after smoke call at home, 'Math doesn't care about' Trump fraud claims: Official, How Va. gym managed to avoid coronavirus outbreak, Jack Nicklaus won't talk Trump at Augusta National, Blank ballots: 'I could not give my vote to either person', What 'Fixer Upper' star would tell her younger self, What Trump's defeat means for global populism, Trump may never concede election, advisers say. What’s the difference between a violin and a fiddle ? Sweet'N'Low. They are often found in “sugar-free” and “diet” products, and also occur naturally in certain fruits and vegetables. However, recipes for most baked goods require sugar for proper volume and texture. I think it means that it's sweet as in the taste is sweet and that it has low sugar though... That might be whatever you're trying to ask. But some polyols are linked with good gut health. 7. It is commonly used as a sweetener in toothpaste and sugar-free chewing gum, candy and mint. Sorbitol and mannitol usually cause the most issues, as they can fuel the bacteria in the large intestine. Artificial sweeteners are what most people typically think of when considering sugar alternatives: Splenda (sucralose), Sweet'N Low (saccharin), Equal (aspartame) and Sweet … Does whimsical mean “on a whim” or impulsive? Below, we discuss the differences between each type of polyol. A slang term used for sucking a man's dick. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. It also contains dextrose and cream of tartar, and is distributed primarily in packets. Do Essential Oils Work? Get a Sweet and Low mug for your mate José. For more information about the low-FODMAP diet, check out this guide. For evidence-based weight loss tips, check out these 77 Proven Ways To Lose Weight And Keep It Off. It’s a version of lactose that has been hydrogenated in a lab, meaning it’s had hydrogen added to it.. Lactitol can be found in “no added sugar” chocolate and baked goods. Sweet and Low. This bacteria then release acids, causing tooth decay. Help you discover how to apply it to your current health condition. Xylitol provides the same level of sweetness as table sugar, but roughly 40% fewer calories (1). It’s between 300 and 500 times sweeter than table sugar and best known as Sweet’N Low. I always think of the sugar substitute. There have been over 500 billion Sweet'N Low packets produced. The polyols listed above can reduce spikes in blood sugar when compared to sugary food and drinks (7). Because sorbitol, mannitol and lactitol have such a strong laxative effect, they are sometimes used to treat constipation. To go along with these findings, studies in people with type 2 diabetes have found improvements in average blood sugar levels when sugar is replaced with polyols (12). The latter type are often added to food products to both add bulk and sweetness. There is good evidence that replacing sugar with any of the seven polyols listed above can be good for your teeth (7). Sweet'n Low is manufactured and distributed in the United States by Cumberland Packing Corporation, which also produces Sugar in the Raw and Stevia in the Raw, and in the United Kingdom by Dietary Foods Ltd.Its patent is U.S. Patent 3,625,711 .The "SWEET'N LOW" wording and musical staff logo have US trademark registration number 3,317,421.. Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Swedish Interactive Thresholding Algorithm. Depends on how it was used. We use cookies to enhance your experience on our website, including to provide targeted advertising and track usage. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more. Is it correct to say "Your instructor will be available in Zoom. " This is important to be aware of because maltitol is often used in “diabetic” chocolate and “diabetic” sweets. Replacing sugar with polyols has been shown to support weight loss, stabilize blood sugar levels and protect the enamel on our teeth. This is because most polyols have little to no effect on blood sugar levels (12). The Lazy Person’s Guide . It’s naturally present in small amounts in some types of fruits and vegetables. This creates gas, which often worsens pain and bloating for those with IBS (2). They can be found naturally in certain fruits and vegetables, and are often used as sweeteners in “sugar-free” and “diet” products. Definition of Sweet 'n' low (season 1 - friends) Sweet ‘n’ Low is a brand of sugar.
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sweet 'n low meaning 2020
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George W. Bush Administration: Speech on the War on Terror & Hope For Israel-Palestinian Peace
(March 8, 2005)
Thank you, all. Please be seated. It is great to be back to this fine university. Many great military leaders of the 20th century, from Dwight Eisenhower, to Colin Powell, studied on this campus. And today the National Defense University is training a new generation of leaders who will serve and defend this nation in a new century. Americans are grateful for your devotion to duty, and so is your Commander-in-Chief.
I am honored that two influential and important members of the United States Congress have joined us. First, Senator Joe Lieberman, strong defender of freedom. Thank you for coming, Senator. And the Chairman of the House Armed Services Committee, Congressman Duncan Hunter. Proud you're here, Dunc. Thanks for coming. In the midst of what we hope will be the final snow blizzard of 2005, I'm honored you two men slushed here to this event.
I appreciate so very much Lieutenant General Michael Dunn and his wife, Pam, for greeting me and for serving our nation. I want to thank all the National Defense University students for being here. I appreciate the staff for joining us. I want to thank the members of the diplomatic corps who have come today. It is an honor to see you all again. I want to thank my fellow Americans for caring about the subject of peace, and that's what I'm here to discuss.
We meet at a time of great consequence for the security of our nation, a time when the defense of freedom requires the advance of freedom, a time with echoes in our history.
Twice in six decades, a sudden attack on the United States launched our country into a global conflict, and began a period of serious reflection on America's place in the world. The bombing of Pearl Harbor taught America that unopposed tyranny, even on far-away continents, could draw our country into a struggle for our own survival. And our reflection on that lesson led us to help build peaceful democracies in the ruins of tyranny, to unite free nations in the NATO Alliance, and to establish a firm commitment to peace in the Pacific that continues to this day.
The attacks of September the 11th, 2001 also revealed the outlines of a new world. In one way, that assault was the culmination of decades of escalating violence -- from the killing of U.S. Marines in Beirut, to the bombing at the World Trade Center, to the attacks on American embassies in Africa, to the attacks on the USS Cole. In another way, September the 11th provided a warning of future dangers -- of terror networks aided by outlaw regimes, and ideologies that incite the murder of the innocent, and biological and chemical and nuclear weapons that multiply destructive power.
Like an earlier generation, America is answering new dangers with firm resolve. No matter how long it takes, no matter how difficult the task, we will fight the enemy, and lift the shadow of fear, and lead free nations to victory.
Like an earlier generation, America is pursuing a clear strategy with our allies to achieve victory. Our immediate strategy is to eliminate terrorist threats abroad, so we do not have to face them here at home. The theory here is straightforward: terrorists are less likely to endanger our security if they are worried about their own security. When terrorists spend their days struggling to avoid death or capture, they are less capable of arming and training to commit new attacks. We will keep the terrorists on the run, until they have nowhere left to hide.
In three and a half years, the United States and our allies have waged a campaign of global scale -- from the mountains of Afghanistan, to the border regions of Pakistan, to the Horn of Africa, to the islands of the Philippines, to the plains of North Central Iraq. The Al-Qaeda terror network that attacked our country still has leaders, but many of its top commanders have been removed. There are still governments that sponsor and harbor terrorists, but their number has declined. There are still regimes seeking weapons of mass destruction -- but no longer without attention and without consequence. Our country is still the target of terrorists who want to kill many, and intimidate us all. We will stay on the offensive against them, until the fight is won.
Members of our military are undertaking difficult missions, in some of the most dangerous and desolate parts of the world. These volunteers know the risks they face, and they know the cause they serve. As one Marine sergeant put it, "I never want my children to experience what we saw in New York, at the Pentagon, and in Pennsylvania." He said, "If we can eliminate whatever threat we can on foreign soil, I would rather do it there than have it come [home] to us." In this vital cause, some of our men and women in uniform have fallen, some have returned home with terrible injuries, and all who sacrifice will have the permanent gratitude of the United States of America.
In this war on terror, America is not alone. Many governments have awakened to the dangers we share and have begun to take serious action. Global terror requires a global response, and America is more secure today because dozens of other countries have stepped up to the fight.
We're more secure because Pakistani forces captured more than one hundred extremists across the country last year, including operatives who were plotting attacks against the United States. We're more secure because Britain arrested an Al-Qaeda operative who had provided detailed casing reports on American targets to senior Al-Qaeda leaders. We're more secure because German authorities arrested extremists who were planning attacks against U.S. and coalition targets in Iraq. We're more secure because the Philippines' new Anti-Terrorism Task Force has helped capture more than a dozen terrorist suspects -- including seven members of Al-Qaeda and affiliated networks. We're more secure because Poland is leading a 15-nation multi-national division in Iraq, and forces from 23 countries have given their lives in the struggle against terrorists and insurgents in Afghanistan and Iraq.
Our allies in the war on terror are making tough decisions, and they're taking risks, and they're losing lives. These countries have proven themselves trusted friends and reliable allies. So I urge the Congress to pass the Solidarity Initiative I have proposed to stand by the countries that are standing by us in the war on terror.
Our strategy to keep the peace in the longer term is to help change the conditions that give rise to extremism and terror, especially in the broader Middle East. Parts of that region have been caught for generations in a cycle of tyranny and despair and radicalism. When a dictatorship controls the political life of a country, responsible opposition cannot develop, and dissent is driven underground and toward the extreme. And to draw attention away from their social and economic failures, dictators place blame on other countries and other races, and stir the hatred that leads to violence. This status quo of despotism and anger cannot be ignored or appeased, kept in a box or bought off, because we have witnessed how the violence in that region can reach easily across borders and oceans. The entire world has an urgent interest in the progress, and hope, and freedom in the broader Middle East.
The advance of hope in the Middle East requires new thinking in the region. By now it should be clear that authoritarian rule is not the wave of the future; it is the last gasp of a discredited past. It should be clear that free nations escape stagnation, and grow stronger with time, because they encourage the creativity and enterprise of their people. It should be clear that economic progress requires political modernization, including honest representative government and the rule of law. And it should be clear that no society can advance with only half of its talent and energy -- and that demands the full participation of women.
The advance of hope in the Middle East also requires new thinking in the capitals of great democracies -- including Washington, D.C. By now it should be clear that decades of excusing and accommodating tyranny, in the pursuit of stability, have only led to injustice and instability and tragedy. It should be clear that the advance of democracy leads to peace, because governments that respect the rights of their people also respect the rights of their neighbors. It should be clear that the best antidote to radicalism and terror is the tolerance and hope kindled in free societies. And our duty is now clear: For the sake of our long-term security, all free nations must stand with the forces of democracy and justice that have begun to transform the Middle East.
Encouraging democracy in that region is a generational commitment. It's also a difficult commitment, demanding patience and resolve -- when the headlines are good and when the headlines aren't so good. Freedom has determined enemies, who show no mercy for the innocent, and no respect for the rules of warfare. Many societies in the region struggle with poverty and illiteracy, many rulers in the region have longstanding habits of control; many people in the region have deeply ingrained habits of fear.
For all these reasons, the chances of democratic progress in the broader Middle East have seemed frozen in place for decades. Yet at last, clearly and suddenly, the thaw has begun. The people of Afghanistan have embraced free government, after suffering under one of the most backward tyrannies on earth. The voters in Iraq defied threats of murder, and have set their country on a path to full democracy. The people of the Palestinian Territories cast their ballots against violence and corruption of the past. And any who doubt the appeal of freedom in the Middle East can look to Lebanon, where the Lebanese people are demanding a free and independent nation. In the words of one Lebanese observer, "Democracy is knocking at the door of this country and, if it's successful in Lebanon, it is going to ring the doors of every Arab regime."
Across the Middle East, a critical mass of events is taking that region in a hopeful new direction. Historic changes have many causes, yet these changes have one factor in common. A businessman in Beirut recently said, "We have removed the mask of fear. We're not afraid anymore." Pervasive fear is the foundation of every dictatorial regime -- the prop that holds up all power not based on consent. And when the regime of fear is broken, and the people find their courage and find their voice, democracy is their goal, and tyrants, themselves, have reason to fear.
History is moving quickly, and leaders in the Middle East have important choices to make. The world community, including Russia and Germany and France and Saudi Arabia and the United States has presented the Syrian government with one of those choices -- to end its nearly 30-year occupation of Lebanon, or become even more isolated from the world. The Lebanese people have heard the speech by the Syrian president. They've seen these delaying tactics and half-measures before. The time has come for Syria to fully implement Security Council Resolution 1559. All Syrian military forces and intelligence personnel must withdraw before the Lebanese elections, for those elections to be free and fair.
The elections in Lebanon must be fully and carefully monitored by international observers. The Lebanese people have the right to determine their future, free from domination by a foreign power. The Lebanese people have the right to choose their own parliament this spring, free of intimidation. And that new government will have the help of the international community in building sound political, economic, and military institutions, so the great nation of Lebanon can move forward in security and freedom.
Today I have a message for the people of Lebanon: All the world is witnessing your great movement of conscience. Lebanon's future belongs in your hands, and by your courage, Lebanon's future will be in your hands. The American people are on your side. Millions across the earth are on your side. The momentum of freedom is on your side, and freedom will prevail in Lebanon.
America and other nations are also aware that the recent terrorist attack in Tel Aviv was conducted by a radical Palestinian group headquartered in Damascus. Syria, as well as Iran, has a long history of supporting terrorist groups determined to sow division and chaos in the Middle East, and there is every possibility they will try this strategy again. The time has come for Syria and Iran to stop using murder as a tool of policy, and to end all support for terrorism.
In spite of attacks by extremists, the world is seeing hopeful progress in the Israel-Palestinian conflict. There is only one outcome that will end the tyranny, danger, violence and hopelessness, and meet the aspirations of all people in the region: We seek two democratic states, Israel and Palestine, living side-by-side in peace and security.
And that goal is within reach, if all the parties meet their responsibilities and if terrorism is brought to an end. Arab states must end incitement in their own media, cut off public and private funding for terrorism, stop their support for extremist education, and establish normal relations with Israel. Israel must freeze settlement activity, help the Palestinians build a thriving economy, and ensure that a new Palestinian state is truly viable, with contiguous territory on the West Bank. Palestinian leaders must fight corruption, encourage free enterprise, rest true authority with the people, and actively confront terrorist groups.
The bombing in Tel Aviv is a reminder that the fight against terrorists is critical to the search for peace and for Palestinian statehood. In an interview last week, Palestinian President Abbas strongly condemned the terrorist attack in Tel Aviv, declaring, "Ending violence and security chaos is first and foremost a Palestinian interest." He went on to say, "We cannot build the foundations of a state without the rule of law and public order."
President Abbas is correct. And so the United States will help the Palestinian Authority build the security services that current peace and future statehood require: security forces which are effective, responsive to civilian control, and dedicated to fighting terror and upholding the rule of law. We will coordinate with the government of Israel, with neighbors such as Egypt and Jordan, and with other donors to ensure that Palestinians get the training and equipment they need. The United States is determined to help the parties remove obstacles to progress and move forward in practical ways, so we can seize this moment for peace in the Holy Land.
In other parts of the Middle East, we're seeing small but welcome steps. Saudi Arabia's recent municipal elections were the beginning of reform that may allow greater participation in the future. Egypt has now -- has now the prospect of competitive, multi-party elections for President in September. Like all free elections, these require freedom of assembly, multiple candidates, free access by those candidates to the media, and the right to form political parties. Each country in the Middle East will take a different path of reform. And every nation that starts on that journey can know that America will walk at its side.
Progress in the Middle East is threatened by weapons of mass destruction and their proliferation. Today, Great Britain, France, and Germany are involved in a difficult negotiation with Iran aimed at stopping its nuclear weapons program. We want our allies to succeed, because we share the view that Iran's acquisition of nuclear weapons would be destabilizing and threatening to all of Iran's neighbors. The Iranian regime should listen to the concerns of the world, and listen to the voice of the Iranian people, who long for their liberty and want their country to be a respected member of the international community. We look forward to the day when Iran joins in the hopeful changes taking place across the region. We look forward to the day when the Iranian people are free.
Iran and other nations have an example in Iraq. The recent elections have begun a process of debate and coalition building unique in Iraqi history, and inspiring to see. Iraq's leaders are forming a government that will oversee the next -- and critical -- stage in Iraq's political transition: the writing of a permanent constitution. This process must take place without external influence. The shape of Iraq's democracy must be determined by the Iraqis, themselves.
Iraq's democracy, in the long run, must also be defended by Iraqis, themselves. Our goal is to help Iraqi security forces move toward self-reliance, and they are making daily progress. Iraqi forces were the main providers of security at about 5,000 polling places in the January elections. Our coalition is providing equipment and training to the new Iraqi military, yet they bring a spirit all of their own.
Last month, when soldiers of the U.S. 7th Cavalry Regiment were on combat patrol north of Baghdad, one of their Humvees fell into a canal, and Iraqi troops came to their rescue -- plunging into the water again and again, until the last American was recovered. The Army colonel in charge of the unit said, "When I saw those Iraqis in the water, fighting to save their American brothers, I saw a glimpse of the future of this country." One of the Iraqi soldiers commented, "These people have come a hundred -- 10,000 miles to help my country. They've left their families and their children. If we can give them something back, just a little, we can show our thanks." America is proud to defend freedom in Iraq, and proud to stand with the brave Iraqis as they defend their own freedom.
Three and a half years ago, the United States mourned our dead, gathered our resolve, and accepted a mission. We made a decision to stop threats to the American people before they arrive on our shores, and we have acted on that decision. We're also determined to seek and support the growth of democratic movements and institutions in every nation and culture, with the ultimate goal of ending tyranny in our world. (Applause.)
This objective will not be achieved easily, or all at once, or primarily by force of arms. We know that freedom, by definition, must be chosen, and that the democratic institutions of other nations will not look like our own. Yet we also know that our security increasingly depends on the hope and progress of other nations now simmering in despair and resentment. And that hope and progress is found only in the advance of freedom.
This advance is a consistent theme of American strategy -- from the Fourteen Points, to the Four Freedoms, to the Marshall Plan, to the Reagan Doctrine. Yet the success of this approach does not depend on grand strategy alone. We are confident that the desire for freedom, even when repressed for generations, is present in every human heart. And that desire can emerge with sudden power to change the course of history.
Americans, of all people, should not be surprised by freedom's power. A nation founded on the universal claim of individual rights should not be surprised when other people claim those rights. Those who place their hope in freedom may be attacked and challenged, but they will not ultimately be disappointed, because freedom is the design of humanity and freedom is the direction of history.
In our time, America has been attacked. America has been challenged. Yet the uncertainty, and sorrow, and sacrifice of these years have not been in vain. Millions have gained their liberty; and millions more have gained the hope of liberty that will not be denied. The trumpet of freedom has been sounded, and that trumpet never calls retreat.
Before history is written in books, it is written in courage -- the courage of honorable soldiers; the courage of oppressed peoples; the courage of free nations in difficult tasks. Our generation is fortunate to live in a time of courage. And we are proud to serve in freedom's cause.
[Empahsis added]
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Noor Inayat Khan 1914 -1944
Noor Inayat Khan was born in Moscow in 1914. Her father was Muslim from India, her mother was American. She was a descendant of Tipu Sultan, ruler of Mysore which meant she was a princess.
She went to France shortly after her birth, and then to London at the start of the First World War. The family moved back to Paris in 1920.
Noor became a musician like her father and she wrote poetry and children’s stories. Some of these were animal stories from India called “Jataka Tales”.
The family were forced to leave France in 1940 after the start of World War 2 in 1939. In Britain she learned to be a radio operator and she flew back to France in 1943 under the code name “Madeleine”. She landed by parachute at night.
By now Paris was occupied by Germany and Noor’s radio messages to London were very important. Although other radio operators were arrested Noor refused to leave. In October she was arrested and questioned after someone betrayed her.
She was taken to Germany and put in solitary confinement in prison at Karlsruhe, classified as “highly dangerous”. In spite of being repeatedly tortured for ten months, Noor refused to give any information. She was finally executed in 1944.
In 1949 Noor Inayat Khan was posthumously awarded the George Cross, and the French Croix de Guerre. There are memorials to her in France and Belgium.
Vital Link Educational Limited
A princess descended from Tipu Sultan of Mysore
Wrote poetry and learned musical instruments from her father
Joined the WAAF and trained as a radio operator
Flew into France secretly 7 met by a double agent
Operated in Paris alone defying capture and refusing to return
When betrayed she refused to give any information
What happened to her in Germany has only slowly been pieced together. Her courage was extraordinary. The final section here tells this story which some will find harrowing.
This entry was posted in Teaching material for equality on January 3, 2007 by John.
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Obama’s knack for handcuffing peace
If you want to know what the Palestinians are going to do tomorrow, just listen to what US President Barack Obama says today
Obama, Netanyahu, Abbas at White House 311 (R)
(photo credit: Jason Reed / Reuters)
If you want to know what the Palestinians are going to do tomorrow, just listen to what US President Barack Obama says today. In May 2009, after the first meeting in the White House between Obama and Prime Minister Binyamin Netanyahu, the US leader made a comment that set the tone for the next couple of years and pretty much killed any chance of negotiations: Settlements must stop.
“Settlements have to be stopped in order for us to move forward,” he declared.
The Palestinians, who until that point had never made a total settlement freeze – including in areas beyond the Green Line in Jerusalem – a condition for negotiations, heard Obama and pounced. If this was what the American president was saying, how could they ask for anything less?
Or, as Palestinian Authority President Mahmoud Abbas said himself in a Newsweek interview in April, “It was Obama who suggested a full settlement freeze. I said OK, I accept. We both went up the tree. After that, he came down with a ladder and he removed the ladder and said to me, jump.”
And then again in September 2010, at the UN General Assembly, Obama addressed the Israeli- Palestinian issue just as the 10-month Netanyahumandated settlement freeze was about to come to an end. “We have travelled a winding road over the last 12 months, with few peaks and many valleys,” he said.
With his distinctive soaring rhetoric, Obama declared, “The conflict between Israelis and Arabs is as old as this institution. And we can come back here next year, as we have for the last 60 years, and make long speeches about it. We can read familiar lists of grievances. We can table the same resolutions. We can further empower the forces of rejectionism and hate. And we can waste more time by carrying forward an argument that will not help a single Israeli or Palestinian child achieve a better life.
“Or,” he went on, “we can say that this time will be different – that this time we will not let terror, or turbulence, or posturing, or petty politics stand in the way. This time, we will think not of ourselves, but of the young girl in Gaza who wants to have no ceiling on her dreams, or the young boy in Sderot who wants to sleep without the nightmare of rocket fire.
“This time, we should draw upon the teachings of tolerance that lie at the heart of three great religions that see Jerusalem’s soil as sacred. This time we should reach for what’s best within ourselves. If we do, when we come back here next year, we can have an agreement that will lead to a new member of the United Nations – an independent, sovereign state of Palestine, living in peace with Israel.”
And that was it – all of a sudden September 2011 became a magic deadline for declaring a Palestinian state.
True, Netanyahu had said after meeting Abbas in Washington a few weeks before Obama’s UN address that he believed “we should make every effort to reach an historic compromise for peace over the coming year.” But it wasn’t until Obama spoke of Palestine as a new member of the UN by 2011 that this date suddenly became a benchmark.
For instance, since that speech, the EU has consistently set September as a deadline of sorts, including referring to a “framework agreement by September 2011” in a statement released as recently as May 23 by the heads of the EU countries – a statement notable for the degree to which it seemed completely divorced from reality.
Does anyone really think a framework agreement is going to be reached by that date, what with the sides not even directly speaking to each other at this point? Still Obama said September 2011, and neither the Europeans nor the Palestinians are going to appear less Catholic than the Pope.
The Europeans put this deadline in their statements, and the Palestinians have expressed their determination to fulfill Obama’s prophecy in September by asking for UN recognition of a Palestinian state – whether that recognition means anything or not, and regardless of the consequences. Obama set the bar, and the Palestinians are not going to lower it; rather, they will do whatever they can to jump over – even if there is no landing pit on the other side.
And then the pattern of Obama making declarations and the Palestinians adopting those declarations as their tactics repeated itself again last month.
In his State Department speech on the Middle East on May 19, a day before Netanyahu was due in town, Obama said that “while the core issues of the conflict must be negotiated, the basis of those negotiations is clear: a viable Palestine, and a secure Israel.
“The United States believes that negotiations should result in two states, with permanent Palestinian borders with Israel, Jordan, and Egypt, and permanent Israeli borders with Palestine.
“The borders of Israel and Palestine should be based on the 1967 lines with mutually agreed swaps, so that secure and recognized borders are established for both states.” Obama also laid out his policy toward the sequencing of negotiations, essentially adopting the Palestinian position by saying that the “two wrenching and emotional issues” of the future of Jerusalem and the fate of Palestinian refugees should be deferred and discussed after questions of territory and security were addressed.
With that speech, Obama struck a third time. If Obama said that the basis of negotiations should be the 1967 lines, and that Jerusalem and refugees should be deferred to a later date, then who were the Palestinians to quibble? And, indeed, they did not quibble. In fact, clutching those parameters to his breast is exactly what Palestinian senior official Saeb Erekat did Tuesday during a speech at the Saban Center of the Brookings Institution in Washington.
According to The Washington Post’s Jackson Diehl, Erekat “staked out a new position” in his speech, saying that talks would only commence if Netanyahu formally accepted Obama’s 1967-lines parameters, something Netanyahu has made abundantly clear he has no intention of doing.
If Netanyahu “wants to be a partner he has to say it: Two states on the 1967 lines with mutually agreed swaps,” Erekat said. “He has a choice.” Erekat said that without that declaration, there would be no talks, and the PA would go ahead with its UN push.
“I have no quarrel with the United States,” Erekat stated. “If Mr. Netanyahu says he accepts the two-state solution on the 1967 lines with agreed swaps, he’s on.”
There’s the pattern: Obama makes a declaration – one Israel cannot accept – and it becomes the newest Palestinian prenegotiating position. But when the Palestinians take up this position – knowing full well it is a source of US-Israeli friction – it seems meant not to promote a solution, butto chip away at Israeli-US government ties.
Erekat, Diehl said, “left little doubt that he was staking out a position in response to the Obama administration’s efforts to restart negotiations – a position that appears aimed less at advancing the process than at deepening the discord between the Israeli and US governments.”
Erekat’s comments, moreover, come at a time when the operative assumption in Jerusalem is, and has been for months, that Abbas has no desire in the world to negotiate with Netanyahu.
Indicative of this assumption is a diplomatic cable that arrived in the Foreign Ministry this week from a senior diplomatic official in Washington who met with a senior Palestinian official stationed there. The cable made clear that the Palestinian official believed Abbas was intent on going to the UN in September, and that he had decided to “abandon the process,” and had “no intention of returning to negotiations.” The cable also said that at this point in time Abbas was primarily concerned about his historical legacy.
What Obama does with his various declarations is give Abbas the cover to stay away from negotiations, while blaming Israel for his own rejectionist stance.
Just as Netanyahu could not, for a variety of reasons – political and ideological – declare another settlement moratorium, forcing Obama to have to backtrack on that demand, it is also unlikely he will now accept a return to negotiations based on the 1967 lines, with mutually agreed upon swaps, unless some very significant “sweeteners” are thrown into the mix: such as Palestinian recognition of Israel as the nation-state of the Jewish people, a formula that would imply an abandonment of the Palestinian dream of a “right of return.”
But the chances of that happening are slim indeed. Concerned with his legacy, Abbas is not eager to go down in the Palestinian history books as the one who closed the door to the descendents of Palestinian refugees “returning” to Haifa, Jaffa and Safed.
The negotiations, therefore, remain stymied, and Obama has uncovered an uncanny ability – with his declarations – to handcuff the very diplomatic process he is trying to push forward.
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Why Lawmakers' Tax Reform Plan Doesn't Include A Fix For Education Funding — Yet
KUER 90.1 | By Nicole Nixon
Published December 9, 2019 at 5:00 AM MST
Nicole Nixon / KUER
Second grade teacher Denise Willmore stands in front of a bookshelf in her classroom. She bought most of the books and supplies herself over a 25-year teaching career.
This week, Republican lawmakers are hoping to hold a special session to pass a large tax reform package. It would impose new sales taxes while cutting the overall income tax rate, and cutting income tax means cutting more than half a billion dollars in education funding. But a plan for replacing that money isn’t in the bill.
That worries 2nd grade teacher Denise Willmore, who has spent the last ten years of her 25-year career teaching in Davis School District.
On a recent weekday after school let out, Willmore stood in her classroom, crammed with tiny stools and desks and decorated with art projects and vocabulary posters.
She opened a cabinet full of blocks, workbooks and games — resources to help students learn math.
From the shelf, Willmore pulled out a gallon-size bag full of laminated sheets of paper. It was a makeshift board game to help students learn about odd and even numbers.
“Sometimes you can teach the concept or even have a lesson on the iPad, but kids get their ‘ah-ha’ moments sometimes when they’re playing a game,” she said.
Credit Nicole Nixon / KUER
Denise Willmore worries education funding could be put at risk under a tax reform plan lawmakers are considering. "They came up with tax cuts, and don't really have a plan for funding education," she said.
Willmore bought or made most of the supplies in her math cupboard — and the rest of her classroom — on her own. To get some extra help paying for things, she taught herself how to write grants years ago.
“But not everybody’s able to do that,” she said, especially newer teachers. “They make less money and they don’t have the resources to get new supplies.”
Last In The Nation
School funding is not a new issue and it’s been debated in Utah for years. Teachers have long asked for smaller classes, higher pay and more money for classroom supplies. But U.S. Census data shows that Utah has ranked last in the nation in per-pupil funding for more than a decade.
Right now, all the state taxes that come out of Utahns’ paychecks go directly to the education fund. That money — projected at around $3.5 billion for 2020 — is essentially earmarked for public schools and higher education.
The earmark is so important that it’s been part of the Utah constitution since the 1940s, said Heidi Matthews, president of the Utah Education Association — Utah’s largest teacher’s union.
It “establishes a priority and a promise, “ she said. “Like, ‘This matters to us so much as a state that we want to carve out these funds in perpetuity in order to make sure that our youth are educated.’”
But some state lawmakers say the education earmark limits their ability to pay for other necessities, like roads, and they’re looking for more spending flexibility. It’s partly why they’re working on tax reform in the first place.
Some lawmakers, like Senate Assistant Majority Whip Ann Millner, R-Ogden, say they’re not sure the educational earmark is working.
“I think we’ve had that earmark in place for over 50 years and we are 50 out of 50 states in terms of funding of public education,” said Millner, a former president of Weber State University.
A New Funding Model
Millner is leading closed-door negotiations between educators and lawmakers over what to do about school funding. The solution is complex and still being worked through, and it’s not part of a new tax reform bill that came out Friday evening. A legislative task force is expected to vote on the draft Monday night.
But the basic premise that Millner is proposing is to do away with the income tax earmark and ask school districts to increase their local property taxes. State funding would be used to ensure growth for inflation and student population. It would also be used to equalize funding for poorer school districts.
The Alpine School District Board has already come out against that idea. In a letter, the board members wrote that they support “primarily funding education on a state level.”
But according to Rep. Robert Spendlove, R-Sandy, property tax revenues are more stable than income taxes. He says that’s ultimately what teachers want: stability.
“Essentially, what they’re looking for is consistency and the ability to plan for the future,” said Spendlove. “The earmark is one way to have a level of consistency, but I believe the proposal that is being worked on is a better way to ensure long-term viability for education.”
Credit Utah State Legislature
Lawmakers say the income tax is a "volatile" source of revenue which shouldn't be relied on so heavily for education funding. This graph shows the dip in income tax revenue following the Great Recession.
'Time to Put Education First'
But Heidi Matthews, the UEA president, criticized the lack of details, calling it a plan “that isn’t fleshed out, that few people have seen, that we haven’t had the chance to vet.”
Matthews believes education funding and the current tax reform bill should be looked at together and called a tentative special session “entirely premature.”
Removing the constitutional earmark on education funding would require voter approval. That means any new plan that lawmakers come up with for funding schools is contingent on a question that wouldn’t go before voters until November 2020.
In the meantime, lawmakers’ tax reform plan includes an income tax cut of $635 million — which means a $635 million cut to the education fund.
All of this worries 2nd grade teacher Denise Willmore, who thinks schools are taking a back seat.
“They came up with tax cuts, and don’t really have a plan for funding education,” Willmore said. “I am really concerned about that. I feel like it is time to put education first.”
NewsEducation FundingTax Reform#utpol
Nicole Nixon
Nicole Nixon holds a Communication degree from the University of Utah. She has worked on and off in the KUER Newsroom since 2013, when she first joined KUER as an intern. Nicole is a Utah native. Besides public radio, she is also passionate about beautiful landscapes and breakfast burritos.
See stories by Nicole Nixon
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James Eldon McCutcheon
April 1, 1927 - August 2, 2016
Monday 8/8, 5:00 pm - 8:00 pm
Wilhite Cemetery
Wilhite, LA
Tuesday 8/9, 10:00 am
James Eldon McCutcheon, 89, of Lubbock, Texas, went to be with his Lord on Tuesday, August 2, 2016. He was born April 1, 1927 in Hollis, OK to James Floyd and Mary Jane Carpenter McCutcheon. From Hollis, OK, he was drafted for WWII, where he served until the war was over. Then he moved to Sundown, Texas for several years before moving to Dell City, Texas where he met and married his wife, Mary Frances Tidwell. He was a retired branch manager for WR Grace & Co. in Dell City. In 2001 he and his wife moved to Point, LA to be near her family, and then in 2014 moved to Lubbock to be nearer to their children and grandchildren.His is survived by his wife, Mary Frances; one son, Malcolm McCutcheon and wife Susan of Anacortes, Washington; two daughters, Peggy Pierce of Lubbock, and Crystal Velasquez and husband Charles of Midland, Texas; four granddaughters, Charity Travis and husband of Lubbock, Iris Pierce of Lubbock, Angelina Velasquez of Midland, Mia McCutcheon of Anacortes; two grandsons, James Pierce of Lubbock, and Arin Velasquez of Midland; two great grandchildren, Gavin and Evelyn; and one brother, Claymon McCutcheon and wife Martha of Lubbock and numerous nieces and nephews.He is preceded in death by his parents; two brothers, Luther Wayne McCutcheon and William Oliver McCutcheon; son-in-law, Otho Lee Pierce; and two nieces.Visitation will begin at 1:00 p.m. Thursday, August 4, 2016 at Venue on Broadway, 2202 Broadway with the family receiving friends 5:00-8:00 p.m. Services will be at 10:00 a.m. Friday, August 5, 2016 at Venue on Broadway.He will then be transported to West Monroe, LA for a visitation at Kilpatrick Funeral Home, 1321 N. 7thto be held on Monday, August 8, 2016 from 5:00-8:00 p.m. Graveside services will be at Wilhite Cemetery, Union Parish, LA at 10:00 a.m. on Tuesday, August 9, 2016.Due to the distance and travel, we are asking for no flowers, but that donations be made to Hospice of Lubbock, 3702 21st Street, Lubbock, TX 79410 or to a charity of your choice.
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What are you looking for Book "Defeating Jihad 3" ? Click "Read Now PDF" / "Download", Get it for FREE, Register 100% Easily. You can read all your books for as long as a month for FREE and will get the latest Books Notifications. SIGN UP NOW!
Defeating Jihad
Now a New York Times bestseller! America is at war. The fight against global jihad has cost 7,000 American lives and almost $2 trillion, and yet, most Americans do not understand what is at stake. The public lacks knowledge and safety because two presidents and their administrations neglected the most basic strategic question: who is the enemy? Presidents Bush and Obama both named the global jihadi movement—a movement with an intent to destroy the West—“violent extremism.” Their tidy term was an attempt to maintain peace with the Muslim community. But when they failed to appropriately name the enemy, they failed to fully understand Islamic extremism. This failure is why the U.S. has been in Afghanistan for sixteen years with no end in sight. But this war is eminently winnable if we remove our ideological blinders, accurately name our enemy, and draw up a strategy to defeat the ideas that inspire terrorism. So says Dr. Sebastian Gorka, one of the most experienced and sought-after authorities on counterterrorism. Dr. Gorka has been one of the intelligence community’s go-to experts on counterterrorism since 9/11. He’s been called to brief Congress and the Marine Corps and was asked to analyze the Patriot’s Day Boston Marathon Bombing for the US government. Dr. Gorka’s report for the trial of Dzhokhar "Jahar" Tsarnaev was widely circulated in counterterrorism circles and the media because it accurately painted a picture, not of a teenager on the cover of Rolling Stone, but of a terrorist. Dr. Gorka is respected by peers because he understands our enemy is not "terror" or "violent extremism." Our enemy is the global jihadi movement, a modern totalitarian ideology rooted in the doctrines and martial history of Islam whose goals are to build an empire, suppress “false Muslims,” and engage in guerilla warfare against infidels. Taking his cue from the formerly top-secret analyses that shaped the U.S. response to the communist threat, Dr. Gorka has produced a compelling profile of the jihadi movement—its mind and motivation—and a plan to defeat it.
Genre : Political Science
Author : Sebastian Gorka
Jihadist Psychopath
Every element of the formula by which the psychopath subjugates his victim, the Islamic Supremacist likewise uses to ensnare and subjugate non-Muslims. And in the same way that the victim of the psychopath is complicit in his own destruction, Western civilization is now embracing and enabling its own conquest and consumption.
Genre : History
Author : Jamie Glazov
Publisher : Post Hill Press
Weaponized Marketing
Because Islamic jihad wins through marketing, Weaponized Marketing proposes to fight back with this marketing battle plan that uses the techniques that built the world's leading brands to succeed where military might and diplomacy have failed.--Peter Huessy, President, Geostrategic Analysis of Potomac Maryland and Director of Strategic Deterrent Studies at the Mitchell Institute of the AIr Force Association and Guest Instructor, US Naval Academy
Author : Lisa Merriam
Defeating Terrorism Strategic Issue Analyses
Publisher : DIANE Publishing
Release :
File : Pages
Unholy Alliance
The New York Times bestselling author of Rise of ISIS exposes the dangers of radical Islam and the effects it has on the American way of life in this informative and eye-opening new book. In Unholy Alliance, Jay Sekulow highlights and defines the looming threat of radical Islam. A movement born in Iran during the Islamic Revolution in 1979, radical Islam has at its heart the goal of complete world domination. As this movement has grown, Iran has entered into alliances with Syria and Russia, leading to a deadly game of geopolitical threats and violence. Not only will you better understand jihadist terror, but you will also learn about Sharia law—a legal code that removes all personal liberty and is starkly incompatible with the US Constitution. All Muslims are required to follow Sharia—as are all who live in lands controlled by Islam. It is the goal of radical Islam to see Sharia instituted across the globe. If we are to combat radical Islam’s agenda of domination, we must arm ourselves with knowledge. With carefully researched history, legal-case studies, and in-depth interviews, Unholy Alliance lays out the ideology and strategy of radical Islam, as well as the path we must take to defeat it.
Author : Jay Sekulow
Delegitimizing Al Qaeda A Jihad Realist Approach
Author : Paul Kamolnick
Defeating Political Islam
Urging U.S. policy makers to rethink the War on Terror along the lines of the Cold War against communism, "Defeating Political Islam" offers a fresh perspective on the ongoing threat from Islamist terrorism and the future course of U.S. foreign policy initiatives.
Author : Moorthy Muthuswamy
ISBN-13 : UOM:39015084165441
Al Qaeda S Post 9 11 Devolution
This examination of al-Qaeda's decline since the 9/11 attacks focuses on the terror organization's mutation and fragmentation. It looks at its partnership with the local and regional jihadist networks that played a pivotal role in the Madrid, London, and Fort Hood attacks, arguing that, although initially successful, such alliances actually unraveled following both anti-terror policies and a growing rejection of violent jihadism in the Muslim world. Challenging conventional theories about al-Qaeda and homegrown terrorism, the book claims that jihadist attacks are now organized by overlapping international and regional networks that have become frustrated in their inability to enforce regime change and their ideological goals. The discussion spans the war on terror, analyzing major post 9/11 attacks, the failed jihadist struggle in Iraq, al-Qaeda's affiliates, and the organization's future prospects after the death of Osama Bin Laden and the Arab Spring. This assessment of the future of the jihadist struggle against Muslim governments and homegrown Islamic terrorism in the West will be an invaluable resource to anyone studying terrorism and Islamic extremism.
Author : Anthony Celso
Publisher : Bloomsbury Publishing USA
Sire Book
Genre : Horses
ISBN-13 : WISC:89017972233
The War For America S Soul
“Take it from someone who has been on the inside, who understands the fight we are currently in, and who knows what must be done to save our country. Dr. Sebastian Gorka’s latest book, The War for America’s Soul, leverages the former White House strategist’s expertise, driven by his determination to preserve what made America great in the first place.” — MARK LEVIN Our country is at war with itself. On one side are American patriots, dedicated to freedom under the Constitution; on the other side are leftists campaigning not just to win elections, but to radically transform the nation. In this political war for the soul of our country, America’s patriots need a strategist with a blueprint for victory. Luckily, we have such a man in Dr. Sebastian Gorka—a former strategist for President Trump and now a nationally syndicated radio host and a fearless culture warrior. In his essential new book, The War for America’s Soul, Dr. Gorka shows how America’s elite—in both parties—betrayed our heartland, sabotaged the American dream, and accepted national decline as inevitable. It took a candidate with remarkable vision, dauntless courage, and unbreakable determination to change the narrative. That man was Donald Trump. A candidate who owed no favors to special interests, Trump articulated a new American nationalism that has been an extraordinary force for economic and political renewal.
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Serial Lesson 150
From Course XIII, Mundane Astrology
Original Copyright 1938, Elbert Benjamine (a.k.a. C. C. Zain)
Copyright 2011, The Church of Light
To purchase the print book Mundane Astrology click here
Subheadings:
Significance of New Stars Significance of Comets Significance of Eclipses
Example Charts: Planetary Positions Example Charts: House Cusps New Moon (eclipse), December 2, 1937
Precise Predicting; Eclipses
PRECISE PREDICTING of the time and nature of events affecting cities, nations and the world follows the same general procedure as that employed in the precise predicting of the time and nature of events affecting an individual. In natal astrology the truly important events in an individual’s life are all indicated by major progressions, which at the time the events take place, are within one degree of the perfect aspect. And in mundane astrology, other than those events indicated by major conjunctions, other aspects in the sky, comets, new stars and eclipses, the truly important events are all indicated by progressed aspects in the Cycle charts of the heavier planets, which at the time the event takes place are within one degree of the perfect aspect.
In other words, new stars, comets, major conjunctions and other aspects in the sky, eclipses, and the progressed aspects which form in the Cycle charts of Pluto, Neptune, Uranus, Saturn, Jupiter and Mars, perform the same function in mundane astrology performed by major progressions of the M.C., Ascendant and planets other than the Moon in natal astrology. And when the influence is from the planets, the nature of the event will partake of the characteristics of the planets making the aspect; and the departments of municipal or national life chiefly affected are indicated by the houses ruled by the aspecting planets.
But in addition to those events in an individual’s life which he long afterwards remembers as important, and in addition to the relatively important events recorded in the history of a city or a nation, there are other events that have considerable significance at the time even though they are short lived in their memory. These happenings, far from trivial at the time, in natal astrology we call Sub-Major Events. In the individual’s life they are attracted through the major progressed aspects of the Moon. In mundane astrology, events of comparable significance in the life of a city or a nation are attracted by the progressed aspects made by the Sun in the Sun Cycle chart.
Still other events have significance over a period of a day or two, or at most over a period of a few weeks. These Minor Events are attracted to the individual by Minor progressed aspects and by the heavier transits, and occur during the time the aspect is within one degree of perfect. And in a similar manner the Minor Events which are attracted to a municipality or a nation are indicated by the progressed aspects made by the Moon to the place of the planets in the New Moon chart, and they occur within 24 hours of the time the aspect is complete.
Major trends in world and national affairs are indicated by the signs occupied by the planets, the aspects the planets make in the sky, new stars, and comets. The Major Events within these trends are indicated and timed by the progressed aspects formed in the cycles of the six Major planets. And even as events indicated in natal astrology by Major progressed aspects, need no assistance from Minor progressions and Transits, these events will come to pass regardless of whether or not within the designated time limit there is assistance from progressed aspects in the Cycles of the Sun and Moon.
Nevertheless, either to the individual or to a nation, the bringing of an event to pass requires the expenditure of energy by thought cells or groups of minds, working from the inner plane, of sufficient volume and intensity to overcome the environmental resistance that may be present. When a Major trend favors a given event, it requires much less additional planetary energy, in either case, to bring it to pass.
Furthermore, the more planetary energy of a given type is brought to bear upon thought cells or groups of minds, the more power these have then to work. Consequently, when there is a progressed aspect in the Sun Cycle or in the New Moon Cycle, to the same planet which by progressed aspect in its Cycle Chart indicates a Major Event, while this progressed aspect is within one degree of perfect, the accumulation of energy of a given type on that day usually gives the unconscious minds of people sufficient impetus that the event happens on that particular day.
In addition to accumulations of energy of a given planetary type, which attract events characteristic of that planet’s influence, either progressed aspects in the Sun Cycle or in the New Moon Cycle may add planetary energy to the same department of life, that is, to the same house of the chart, as that relating to a Major Event indicated by a progressed aspect within one degree of perfect in one of the heavier cycles. The event is far more likely to occur on the day when there is such an accumulation of planetary energy relative to the department of life affected.
Thus in addition to indicating and timing Sub-Major Events, the progressed aspects in the Sun Cycle often also time to the day the Major Events indicated by progressed aspects in the heavier cycles. And in addition to indicating and timing Minor Events, the progressed aspects in the New Moon Cycle often also lend force to certain of the Sub-Major Events indicated by progressed aspects in the Sun Cycle, and time to the day the Major Events indicated by progressed aspects in the heavier cycles.
This method of employing Cycles and the progressed aspects which form in them is used by Will P. Benjamine in, AROUND THE WORLD, TOMORROW’S NEWS—TODAY! which commencing with the March 1937, issue, has appeared in each issue of American Astrology Magazine. It was employed by Maria Major in, COMING EVENTS FOR THE MONTH, A DAY BY DAY FORECAST, which appeared in each of the nine issues of International Astrology Magazine (1937) which were published, and it is now being employed by her (1938) in, COMING EVENTS FOR THE MONTH, in each issue of The Rising Star Magazine. It is the method employed by Elbert Benjamine in, MUNDANE EVENTS FOR THE MONTH, in which the exact day on which a number of important events will take place each month is stated, which commencing with the February 1936, issue, has appeared in each issue of Student Astrologer Magazine.
These magazine articles are mentioned not merely because they have attracted wide and favorable comment, but because as such articles must be in the hands of magazine publishers at least two months before the date of publication, they afford anyone desiring to check the accuracy of the method an easy way of determining what is actually being done with it.
Significance of New Stars
As the findings of THE BROTHERHOOD OF LIGHT ASTROLOGICAL RESEARCH DEPARTMENT in reference to New Stars was published in the September 1935 issue of THE CHURCH OF LIGHT QUARTERLY, I shall here reproduce that article without change:
Although scientific records are lacking, it is believed that the star which led the wise men from the east to a manger in Bethlehem, nineteen hundred and thirty five years ago, was of the same type as the New Star which flashed into brilliancy last December in the constellation Hercules, and which still chains the interest of astronomers because of its erratic behavior.
That earlier star marked the beginning of the Christian era. And if Nova Herculis 1934—as astronomers call this latest startling stellar appearance—has a significance which can be revealed by the same rules that the wise men of the east employed in determining the meaning of the Star of Bethlehem and allied celestial phenomena, it portends the commencement of the New Dispensation of Labor.
The wise men of the east looked to the heavens to apprise them of important events to come. Unusual phenomena in the sky, to them, portended unusual events which would happen on the earth. According to the rules they left, the appearance of a new star signified the commencement of a new condition in the world, which would have far reaching effects upon the affairs of men.
The phase of human activity thus affected, in which a turning point had been reached, and henceforth a new condition would manifest, was indicated by the constellation in which the new star appeared. As both the pictures of the constellations which they used, and the stories about them which preserved their meaning, are still accessible, they can yet be employed precisely as these ancients used them in their work.
Some centuries before the Star of Bethlehem appeared, the Greeks had contacted the wise men of the east and had adopted the 48 pictured constellations which they used in their predictions. They also attached to each of the constellated figures its precise significance as handed down through the Chaldeans, and wove mythological stories about them which should serve as commentaries on their meaning.
The purport of any influence found in the region of the sky pictured by one of the various heroic figures was always interpreted, according to still older precedent, by considering the pictured constellation as a universal symbol, more details about which could be learned from its mythological story.
Applying these same rules, which remain unchanged since long before the Christian era, any unusual occurrence in the constellation Hercules signifies some extraordinary occurrences affecting labor; for the outstanding story that has come down to us regarding Hercules is that of his twelve great works. And as the present phenomenon is a New Star, according to these same olden rules, it signifies that Labor is entering upon a New Dispensation.
This latest celestial token of events to come, as pointed out in the March QUARTERLY, shows on photographic plates of November 14 as a star of the fourteenth magnitude; so small as to be invisible except to the most powerful telescopes. Yet by December 13 it had grown to third magnitude, and on December 22 when it reached its maximum as a star of the first magnitude, it had increased more than 150,000 times in brightness.
Since that time, instead of steadily fading to invisibility within a few weeks or months, as well behaved novae are supposed to do, to the amazement of astronomers it has been performing strange antics fluctuating in brightness, dimming somewhat and then flaming up again. And we can be confident, applying the ancient rules, that the nation’s work situation will parallel the strange performance of this remarkable star.
Hercules, as pictured in the sky, is represented on one knee, while with his other foot he crushes the head of a dragon which winds its slimy coils of graft and corruption around the northern axis of the world. He holds aloft the fruits of his toil. Other objects no less significant also are in his hands; but according to the ancient rules, because the New Star is in the vicinity of the dragon-crushing foot, the stamping out of unfair dealing is the most striking feature of that which is thus foreshown.
But before applying these rules, which have come down to us from the wise men of the east, to the latest celestial manifestation, it would seem the part of wisdom first to investigate how perfectly these same rules have been borne out by world occurrences which immediately followed similar phenomena which have been recorded in the past.
These novae are not really new stars, but probably old stars which have exploded. Nor are they rare if all those at distances which enable them to be seen by the giant present-day telescopes are included. But the ancients considered only such as were of noticeable brilliance to have significance in world events.
Under favorable circumstances it is possible to see stars of the sixth magnitude with the unaided eye. But a star of less brilliance than the third magnitude, of which there are about 180, would attract attention only of a careful observer.
Astronomers estimate that during the past 2,000 years there have been about 30 new stars of sufficient brightness to be seen without a telescope. Only 12 of them, however, in addition to the Star of Bethlehem, the location of which is unrecorded, have been of third magnitude or brighter. It is not a difficult task, therefore, to apply the ancient rules to all the conspicuous novae that have been recorded since before the birth of Christ.
The mythology woven about the constellation Scorpio gives it two distinct meanings. Pictured as a scorpion it is related to treachery and to death. Pictured as an eagle, as it sometimes is, it signifies the soaring aloft of spirit and the conquest of limitations. The first new star of which we now possess records was observed in this constellation, and important events immediately followed which express both sides of the constellation’s nature.
Rome, in that day, was supreme in the world. There were certain laws which related to the distribution of the land, called agrarian laws; but for some 200 years the wealthier families had continued to extend their possessions greatly beyond the limits thus prescribed, and as a result, although the empire had vastly extended its territory through conquest and confiscation, small proprietors had practically disappeared.
In 134 B.C. a new star of brilliancy appeared in the constellation Scorpio. Simultaneous with its appearance Tiberius Gracchus, one of the landed proprietors, proposed and carried a modification of the existing agrarian laws; which had for its object the restoration of land to the poorer people, whose poverty and number were rapidly increasing. The following year, however, before his policy could be carried into effect, death laid its hand upon him. Later, his brother Caius endeavored to put the same relief measure through; but he was slain. Thus did death, the eighth house significance of the constellation, defeat a reform measure that might have at least delayed the dissolution of an empire.
On the eagle side of the constellation’s significance, the appearance of the new star so impressed Hipparchus that he set about making a precise catalogue of 1080 of the brighter stars, so that later observers might be able to recognize new stars or other alterations in the appearance of the sky at future dates. This is recognized as the commencement of scientific astronomy.
1572 was the year in which the Huguenots in France were having a terrible time. August 24 of that year, with the sanction of the king, there occurred the Massacre of Bartholomew. Then, on November 11, a new star suddenly appeared which for several days rivaled Venus in luster.
It was in the constellation Cassiopeia, which according to its modern keyword, was anciently considered to signify Vicissitudes, and to picture the last ten degrees of the zodiac before the Vernal Equinox, over which the sun each year passed from the bondage of winter darkness into summer freedom.
To the Huguenots, who had taken up arms, this new star seemed a messenger of hope from heaven. True to this belief, the following year they made a successful defense of La Rochelle and were granted new toleration. It proved to be the commencement of a new dispensation to them; for two years later Henry of Navarre escaped from Paris and became their leader.
Each year the ancients saw the geese and swans, after the sun turned back from its southern sojourn, wing their way northward at the approach of spring. In their flight to a new land of promise there was no helter-skelter movement, as with smaller birds, but each group had its recognized leader, which it followed in the well-known V-formation. Thus, when they pictured a swan in the sky, they had in mind not only travel to new parts, but, as the modern keyword indicates, Organization.
Four of the new stars have appeared in Cygnus, the constellation pictured by the Swan, and thus relate to some new undertaking of importance in the world’s affairs in which movement to a new field and organization both play an important part.
The year 1600 saw the appearance of a new star of third magnitude in Cygnus; and the same year the English East India Company was formed, an organization whose trading activities and political influence later led to the addition of India to the British Empire.
Another new star of the third magnitude appeared in the same constellation in 1670; and in that year Hudson’s Bay Company was chartered by the British Crown. This organization was largely responsible for the development of the Dominion of Canada.
Still another new star of third magnitude appeared in Cygnus in the year 1876, coincident with the invention of the telephone by Graham Bell and the founding of the electric industry. The vast holdings of the telephone and power organizations attest to the importance of the field of activity then entered.
The latest new star in this constellation of the Swan was brighter than any of the others, being of second magnitude. It made its appearance in 1920, along with the first meeting of the Council of the League of Nations, to be followed before the year was out by the plan for a World Court, and the next year by Disarmament Conferences at Washington. The extent of the influence of the League of Nations in world affairs is yet for the future to reveal.
Ophiuchus is pictured in the sky as a man engaging in a titanic struggle with a monster serpent. In 1604 a magnificent new star, often called Kepler’s star because that famous astronomer studied it, suddenly blazed in this constellation. Strangely enough, at the time, England was the scene of a violent struggle between the government and certain religions. A convocation of clergy met, the acts of which were so oppressive to Puritans that 300 of them left their livings rather than conform to their dictates.
Furthermore, James ordered the judges to enforce the statutes against Catholics. This resulted the following year in the famous Gunpowder Plot to destroy the King, Lords, and Commons in revenge for the penal laws against Catholics. Guy Fawkes, the agent of the conspirators, was seized as he was about to fire barrels of gunpowder which had been placed under the House of Lords.
Corona Borealis, the Northern Crown, is a constellation depicting tribulations by means of twelve iron spikes. A new star of second magnitude was to be seen in this constellation in 1866. That year there were seven weeks of war in Europe, which the following year enabled Prussia to become the dominant power in Europe, and gave Bismarck the idea that a war with France was necessary to the firm unification of Germany. The difficulties then started have not yet subsided.
The chief significance of the stories relating to Perseus may be summed up in the keyword, Propaganda. In 1901 a very brilliant new star was seen in the constellation picturing this ancient hero. The two outstanding events of the year were dependent upon propaganda. The Pan-American Exposition was held at Buffalo; and there was a panic in Wall Street over control of the Northern Pacific Railroad, the stock of which reached 1,000.
June 1918, witnessed an exceptionally brilliant new star in the constellation Aquila. This eagle among the stars is attached by legend to victory, and by its keyword to Exploration. Its appearance, therefore, was heralded by many as forecasting the end of the World War; and in fulfillment of this hope American troops, fighting on foreign soil, soon were able to turn the tide of battle and bring peace.
Way to the south is a big constellation picturing a ship which mythology and its keyword relate to Research. In 1925 a new star of first magnitude appeared just ahead of the bow of this stellar ship in a group unrecognized by the ancients but by moderns called Pictor. In various lands the freedom to express convictions based on research were sternly curtailed. In Italy and in Russia matters of belief came in for strict regulation by the government; and during that year, at Dayton, Tennessee, John Thomas Scopes was arrested, tried, and found guilty of teaching evolution in the public schools.
Of the twelve outstanding new stars which have been recorded during 2,000 years, history thus indicates that in eleven instances they were coincident with a turn in world affairs in which there was the commencement of a new condition, the nature of which was quite correctly indicated by the rules laid down by the ancients in reference to the significance of the constellation in which the phenomenon appeared.
If the twelfth outstanding new star be judged by the same system which fits so well when applied to the other eleven, the commencement of a new condition of far-reaching import in world affairs already is at hand. Nothing, I believe, in the stories relating to Hercules can be construed as relating to communism. But they do relate to the power and rewards of labor.
The club which as pictured he holds in one hand may signify collective bargaining. In the other hand he holds not merely the fruit which signifies his reward for labor, but also the guardian Cerberus. Law makers, this seems to indicate, will more willingly listen to his demands; for with the foot of better understanding, above which the latest new star appears he crushes the head of graft and special privilege.
Nova Herculis 1934, according to the rules left by the wise men of the east, signifies that already in 1935, we have entered, where its power and importance are concerned, upon Labor’s New Dispensation.
In reference to the significance of Nova Herculis as implied in the article above reproduced in full, it may now (1938) be pointed out that since that article was published, Spain became dominated by a Popular Front government, resulting in a civil war; the laboring class in Mexico has seized not only the natural resources belonging to Mexico, but also the vast oil holdings of British and American oil companies; France is dominated by a Popular Front government in which labor’s demands are supreme; and within the United States the Committee for Industrial Organization has come into existence, and now disputes power with the American Federation of Labor, and these two labor organizations are exerting a tremendous influence over the political and business life of the nation.
Significance of Comets
It seems to be quite well established that comets, when they enter the zodiac, bring with them new conditions affecting the affairs of men. The appearance of the more important ones in the past have always coincided with unusual events upon the earth. The old rule was that the influence would be felt chiefly in the country ruled by the sign in which the comet was first visible. Thus just preceding the great debacle of the Russian armies in the World War, and the revolution that followed, a comet, which later developed to important size, was discovered by means of a telescope in the sign Aquarius, ruling Russia. Astrologers the world over began to predict that startling things would happen in that country; predictions that were fully verified.
As comets actually belong to our solar system, which New Stars do not, I believe comets should be referred not to their place among the constellations, but to their place in relation to the zodiac. Perhaps, also, now that they may be discovered by telescopes long before they enter the zodiac, the signs in which they appear after thus entering the zodiac indicate more precisely the regions of earth affected. Thus Peltier’s Comet, on August 3, 1936, entered the zodiac at about 28 degrees Aquarius, to leave again August 6, 1936, at about 14½ degrees Aquarius. The following year and a half-witnessed blood purges in Russia, which Aquarius rules, in which most of the important men who assisted in establishing the Soviet Union were executed on charges of trying to overthrow the government.
Comets vary in size, in shape, in brilliancy, and even in color. Some of them, it is true, are periodic. But even these do not have the same appearance on successive returns; and may go so far away as to be beyond visibility in even the strongest telescope. Others come into our solar system from the spaces without, bringing their own astrological vibrations, and after making an arc about our Sun, pass on into space, never again to return. Having no previous acquaintance with such celestial visitors, their influence cannot be known from earlier observation.
Some comets in the past have coincided with pestilence, some with great wars, some with disasters, some with revolutions, some with great constructive enterprises, and some with the birth of illustrious persons. The general rule has been that the shape and appearance of the comet signified the nature of its influence. If it looked red and angry, it signified disaster. If it looked like a sword it meant war. If it had a pleasing appearance, it heralded some great constructive enterprise.
As the matter stands there is need for much research as to just what may be expected from a given comet. And the only reason THE BROTHERHOOD OF LIGHT ASTROLOGICAL RESEARCH DEPARTMENT has not already contributed markedly to this knowledge is that the literature in which descriptions of the old comets are given seldom specifies WHERE they appeared in the zodiac or on the celestial sphere.
Significance of Eclipses
It seems likely that a great amount of nonsense has been written about eclipses. The Brotherhood of Light Astrological Research Department, for instance, has collected a large number of instances in which either a Solar Eclipse or a Lunar Eclipse took place in the same zodiacal degree occupied by the Sun or other planets in people’s birth charts. In none of these, so far as we have been able to discern, has the eclipse coincided with events not clearly and fully accounted for by the progressed aspects at the time.
Nor have we been able to verify the doctrine that the power of an eclipse persists, even if a long eclipse, over a period of years. We have, however, checked the influence of every Solar Eclipse since commencing with 1884 (back of which the Nautical Almanacs to which we have access do not go) that was visible in a part of the world fairly well populated. The result of this survey led to quite positive results, which over many years we have successfully used in predicting. The definite rule is that, if a Solar Eclipse occurs in a region where there is considerable population, within a few months before, or much more likely within a few months after the eclipse, there is a disaster in the region where the eclipse is visible.
While the disaster tends to be near the central path of the eclipse, it may be anywhere in which it is even partially visible. It seems likely that the exact place of the disaster attracted is determined by the progressed aspects in the birth charts of cities and regions, and the progressed aspects in the Cycle Charts affecting those places. But while, because the birth charts of so few cities are known, it is difficult to determine where within the area of visibility of a Solar Eclipse the disaster will take place; the New Moon chart often reveals the nature of the disaster.
In the Nautical Almanac each year, published by the Government, is given the essential data regarding each eclipse of the year. In addition, for each eclipse of the Sun which occurs in such a region that it may be observed from an accessible land area, there is a map showing the exact region of the earth’s surface where it is visible, as well as the central path of the eclipse, together with other information. It should be noted that, as an eclipse of the Sun is the relation of the Moon’s shadow to the surface of the earth, the moment of eclipse is not exactly the moment of the conjunction of Sun and Moon, although the New Moon and the eclipse are never more than a few minutes apart. Some research in the future should be done, not merely in reference to charts erected for the exact moment of central eclipse as visible at a given place, but also in reference to New Moon charts in which parallax is given consideration. In other words, using charts in which instead of the conjunction of Sun and Moon being regarded from the center of the earth, they are considered from the point on the surface of the earth where at the moment the chart is erected. However, as New Moon charts erected in the customary way give good results, it is wise to use them until it has been proven by actual test that the time ascertained by including the parallax is superior.
For the purpose of study there follow all the New Moons which were also eclipses of the Sun, which were visible (as shown by the maps in the Nautical Almanac) in the United States since 1884. The Solar Eclipses earlier than 1900 I shall merely mention the date, and with each a coincident event. But for each such Solar Eclipse since commencing with 1900, the New Moon chart is given in the table at the the end of this chapter/lesson. Due to limitations of space the comments on each such chart must be brief. But they are well worth copying off and giving serious study, relative to the house positions of the planets. The quotations giving the dates and events listed earlier than 1924, are from the REFERENCE HISTORY OF THE WORLD of WEBSTER’S NEW INTERNATIONAL DICTIONARY. Those since 1924 are quoted from the WORLD ALMANAC. My own comments are in parentheses.
March 16, 1885, annular eclipse of the Sun visible in the United States and Canada: June 30, fisheries reciprocity with Canada under Treaty of Washington is terminated by the United States; because of Canadian obstruction of what the United States claims as rights under the Treaty of 1818 (controversy becomes acute).
March 5, 1886, annular eclipse of the Sun visible in the U. S.: May 4, anarchist riot in Chicago, following a strike there.
August 28, 1886, total eclipse of the Sun visible throughout the S.E. United States: August 31, severe earthquake on the Atlantic seaboard, especially at Charleston. October 12, gales and floods in Texas and Louisiana destroy property and 247 lives.
January 1, 1889, total eclipse of the Sun visible throughout North America: May 31, breaking of the Conemaugh Dam floods Johnstown, Pa., and destroys 2,295 lives.
June 6, 1891, Annular eclipse of the Sun visible in Western North America: November 30, 1891, partial eclipse of the Sun visible at the southernmost extremity of South America: October 16, attack on American sailor by a mob at Valparaiso, Chile; war becomes imminent through Chile’s delay to make amends.
October 20, 1892, partial eclipse of the Sun visible throughout North America: June-August, country is affected by many strikes accompanied by much violence. Harrison issues proclamation (July 15-30) against the striking miners in the West, and Federal troops are used in restoring order and to support injunctions of the Federal courts.
October 9, 1893, annular eclipse of the Sun visible in Western North America and Western South America: 1893, commercial panic is started. Hard times continue for several years.
February 1, 1897, annular eclipse of the Sun visible in S.E. United States and Cuba: May 20, Senate passes a resolution recognizing Cuban belligerency (Cuba is thus recognized to be at war).
151. New Moon , May 28, 1900, 8:30 a.m. L.M.T. Galveston, Texas.
Total eclipse of the Sun visible in the United States, at Washington as a partial eclipse. In Gemini, conjunction Mercury (winds), opposition Uranus (extremes) and Jupiter: September 8, Galveston and many Gulf towns are ravaged by a terrible hurricane and flood, 6,000 lives lost, $30,000,000 of property destroyed. (The opposition is from the eleventh to fifth, and the loss of life among children was disproportionately heavy.)
152. New Moon , August 19, 1906, 5:18 p.m. L.M.T. San Francisco.
Partial eclipse of the Sun visible in the Western U. S.: April 18-20, earthquake followed by a great fire destroyed large portion of San Francisco, including the business section. Loss about $350,000,000. (Eclipse is in conjunction with Mars, fires and violence, and in the house of foreign countries.) October 25, Japanese Ambassador Aoki protests against exclusion of Japanese from the public schools of San Francisco. (Controversy becomes acute, giving rise to talk of war.)
153. New Moon , January 3, 1908, 2:43 p.m. L.M.T. Denver.
Total eclipse of the Sun visible throughout the S.W. United States. It is conjunction Uranus, the planet of strikes, in the house of death, eighth, and opposition socialistic Neptune. The death influence will be mentioned in connection with the June eclipse: March 31, strike of some 250,000 coal miners; lasts about two weeks.
154. New Moon , June 28, 1908, 10:31 a.m. L.M.T. New Orleans.
Annular eclipse of the Sun visible throughout North America. Eclipse is conjunction Mercury (wind) and Neptune, and in opposition to unusual Uranus in the house of property (fourth) and square Saturn, planet of storms: April 24, tornadoes on the Gulf Coast destroy much property and some 1,500 lives.
155. New Moon , June 17, 1909, 6:20 p.m. L.M.T. Washington.
Central eclipse of the Sun visible throughout North America. Eclipse is in house of foreign countries (seventh) square Mars in house of traffic (third). Neptune, planet of fraud, is on the cusp of the house of duties and taxes (eighth), opposition the planet of exposure, Uranus, in the house of money (second) and square Saturn in house of basic utilities (fourth): September 25, during the year great frauds in customs, especially on sugar imported by the sugar trusts, are discovered and published, and fines and unpaid duties amounting to millions of dollars collected.
156. New Moon , April 17, 1912, 5:40 a.m. L.M.T. St. Louis.
Central eclipse of the Sun visible in Eastern United States. Neptune in Cancer is in the house of property (fourth) square the eclipse; and Saturn, planet of storms and hardship, is in the house of the people (first): April, floods in the Mississippi Valley devastate 200 square miles and render 30,000 people homeless (fourth house); loss $50,000,000.
157. New Moon , October 12, 1912, 8:01 a.m. L.M.T. Nicaragua.
Partial eclipse of the Sun visible in Florida and throughout Nicaragua and Central America. Eclipse is conjunction Mars, the planet of war, square Neptune, planet of schemes in ninth; Saturn is in house of other countries (seventh): September, American Marines are landed in Nicaragua, at request of government for the time being, and aid in suppressing a revolution. Chief revolutionists surrender to American admiral on September 26, and Marines are withdrawn after Nicaraguan presidential election on November 2.
158. New Moon , April 6, 1913, 9:42 a.m. L.M.T. Sacramento.
Partial eclipse of the Sun visible at extreme western edge of America. Chief affliction is Jupiter (finances) in house of other countries (seventh), square eclipse and opposition Neptune in house of money (second). The war planet, Mars, is on the M. C., square Saturn: May 19, California anti-alien landownership act; passed in spite of Japanese protest and Federal disapproval.
159. New Moon , February 3, 1916, 8:56 a.m. L.M.T. Columbus, New Mexico.
Total eclipse of the Sun visible throughout North America. Eclipse is conjunction Uranus, planet of insurrection, and opposition Mars, planet of army and navy: March 9, Mexican brigands under Villa attack the town of Columbus, N. M., and the camp of the Thirteenth United States Cavalry, killing nine civilians and eight troopers; the raiders are pursued into Mexico and more than 100 are killed. March 15, Military expedition to punish Villa enters Mexico, under Pershing.
160. New Moon , June 8, 1918, 4:55 p.m. L.M.T. Washington.
Total eclipse of the Sun visible throughout North America. Eclipse is on cusp of house of death (eighth) square Mars in tenth, ruler of the first (people). The only casualties of consequence that the American troops suffered during the World War were during the fall following this eclipse: September, epidemic (Mars ruler of house of sickness, sixth, and health, first) of so-called “Spanish” influenza spreads throughout our country. On October 4 it is reported that only five States remain immune and that there are 127,000 cases in army (sixth house) camps (death rate was tremendous).
161. New Moon , November 22, 1919, 10:12 a.m. L.M.T. Washington.
Annular eclipse of the Sun visible throughout North America. Eclipse is in house of Administration and business (tenth): September 26, President (tenth) Wilson’s tour is ended abruptly at Wichita, Kansas, by a stroke of paralysis. November 1, strike (Uranus) of 600,000 soft-coal miners, demanding a 6-hour day, a 5-day week, and 60% increase in wages.
Partial eclipse of Sun visible throughout eastern North America. Eclipse is in house of Administration (President remained stricken) and business (tenth), square Neptune in house of other countries (seventh), ruler of house of money (second): December 6, twenty-three banks, including one national bank, in North Dakota have closed their doors as the result of the fall of the price of wheat (due chiefly to lack in foreign market).
163. New Moon , September 10, 1923 12:52 p.m. L.M.T. Santa Barbara, California.
Total eclipse of the Sun visible throughout North America. Eclipse is conjunction Mars and Venus in the house of ships (ninth) and opposition Uranus: September 8, ten destroyers are wrecked on the California coast 75 miles north of Santa Barbara (a few lives lost).
164. New Moon , January 24, 1925, 9:01 a.m. L.M.T. Indianapolis, Ind.
Total eclipse of the Sun visible throughout eastern and southern North America. Eclipse square Saturn, planet of storms: March 18, a storm in Missouri, Southern Illinois and Indiana killed over 830 persons, injured 3,800, and destroyed property valued at $10,000,000. The main path of the blow covered 165 miles from Annapolis, Mo., to Princeton, Ind., but as was the case at Lorain, O., last June, it “hopped off” in several directions. In places it cut a path only 300 feet wide. It was at its worst only about 5 minutes and struck West Frankfort and Murphysboro, Ill., with its greatest fury.
165. New Moon , July 9, 1926, 5:47 p.m. L.M.T. Miami, Florida.
Annular eclipse of the Sun visible in the western and southern sections of the United States, including Florida and the islands to the south. The eclipse is square Mars in the house of weather and houses (fourth). July 26-27, Gulf storms have done $8,000,000 damage at Nassau in the Bahamas; $3,000,000 in Santo Domingo; and $2,000,000 at Miami and other Florida coast places. At Nassau, 146 were drowned with 400 missing, 75 boats sunk and 500 homes destroyed; near Santo Domingo, 54 bodies have been washed ashore; 5 were killed in Georgia and Florida.
368. New Moon , April 28, 1930, 1:16 p.m. L.M.T. Chicago.
Central eclipse of Sun visible throughout North America. Mars, ruler of homes and weather (fourth) in house of death, conjunction Uranus and square Saturn (storms): May 1, 24 were killed in cyclones in the prairie states. May 6, 75 were killed, 100 hurt, by tornadoes in Texas.
369. New Moon , August 31, 1932, 2:58 p.m. L.M.T. New York.
Five planets in house of death, including eclipse; and Uranus (sudden and unexpected) in house of short journeys (third) square Saturn (workmen) in house of people (first), and square Mars, Venus and Pluto: September 9, the 92-foot steamboat Observation, 44 years old, crowded with workmen bound for their jobs, had scarcely left the wharf at 8:00 a.m. (New York) when the Captain, George A. Forsyth and 70 others were killed and 70 injured (by explosion).
370. New Moon , February 13, 1934, 5:16 p.m. L.M.T., Pocatello, Idaho.
Total eclipse of Sun visible on West Coast of America and eastern Asia: March 12, the 527-ton Japanese torpedo boat, Tomozuru, turned upside down off Goto Islands, west of Nagasaki; over 100 were drowned (eclipse in house of foreign countries, seventh). Earth shocks lasting three hours shook cities in northern Utah and southern Idaho, caused large buildings to sway, cracked the walls of some structures, and also jolted communities in western Wyoming, Nevada and California. Schools (Jupiter, ruler of 5th part of T-square) at Salt Lake and at Logan, and Pocatello, Idaho, were closed pending an examination of all buildings. Shocks were resumed March 15.
371. New Moon , February 3, 1935, 8:35 a.m. L.M.T. Los Angeles.
Partial eclipse of the Sun visible throughout North America: The $4,000,000 U. S. Navy dirigible balloon, Macon, sank in the Pacific several miles off Point Sur, California (Mars, ruler of ninth part of T-square). January 26, the number of dead from the Tennessee-Arkansas-Mississippi flood was placed at 27, homeless 25,000, property damage $5,000,000.
372. New Moon , June 8, 1937, 0:51 p.m. L.M.T. Los Angeles.
Total eclipse of Sun visible in Pacific, West Coast America and Mexico: May 27, in Mexico 168 persons were killed and 300 homes crushed to bits by gold mine tailings. July 2, Amelia Earhart Putnam on an equitorial air trip around the world radioed that she was in the Pacific with a half hour’s fuel and not in sight of land. That was the last message (eclipse in house of long journeys, ninth).
373. New Moon, illustrated at the end of this chapter/lesson, December 2, 1937, 3:19 p.m. L.M.T. Los Angeles.
Annular eclipse of the Sun visible west coast America, over northern Pacific, and Japan: eclipse in house of foreign countries (seventh); Jupiter in house of ships (ninth) opposition drastic Pluto (events listed from newspapers as at this writing, April, 1938, World Almanac not issued covering these dates). Early December, $8,000,000 liner, President Hoover, went aground in Pacific and broke up. December 12, Japan sank U. S. gunboat Panay and three tankers leading to talk of war (New Moon in seventh) and bringing an immense increase in appropriations for navy building (Jupiter abundance). January 5, giant Navy Patrol Bomber plunged into the Pacific with death of 7. January 11, Samoan Clipper burned in air with 7 dead. March 1, 1938, flood in Los Angeles region destroyed 50 million dollars in property (afflicted Pluto in fourth) and about 200 lives.
Eclipse Charts
New Moon (eclipse), December 2, 1937
which was also an eclipse of the Sun partially visible
both in Japan and Western U. S. as well as in north Pacific,
3:19 P.M., Los Angeles, California.
Early December, $8,000,000 liner, President Hoover, went aground in Pacific and broke up. December 12, Japan sank U.S. gunboat Panay and three tankers (Jupiter in ninth opposition drastic Pluto) leading to talk of war (New Moon in seventh). January 5, Giant Navy Patrol Bomber plunged into Pacific with death of seven. January 11, Samoan Clipper burned in air with seven dead. March 1, 1938, flood in Los Angeles region destroyed 50 million dollars in property (afflicted Pluto in fourth) and about 200 lives.
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Why it took two women to write ‘Balls,’ the opera about Billie Jean King’s ‘Battle of the Sexes’
Bobby Riggs strikes a pose for Billie Jean King in the early ‘70s.
(Associated Press)
By Catherine Womack
Composer Laura Karpman was walking on the beach in front of her house when the idea hit her: She would write an opera about tennis great Billie Jean King, and it had to be called “Balls.”
Karpman had been in her early teens when she first watched King dismantle Bobby Riggs’ made-for-TV chauvinism one volley at a time, live on ABC in their “Battle of the Sexes” match.
“Everybody was watching,” she remembers of the tennis showdown, which King won. “It was 1973 and at that point I was already composing. It gave me the feeling that I could do anything.”
As her career writing concert music and film scores progressed, Karpman realized that she, like King, faced systemic sexism in her chosen field. She wasn’t going to be handed the same opportunities that her male colleagues were given. She had to make them happen.
Taking an opera from shoreline epiphany to fully formed production is a lengthy and complex process, regardless of institutional gender bias. But this week “Balls” will be one of six new operas featured in “First Take,” the biennial workshop co-produced by the Industry, the innovative L.A. opera company, and wild Up, the contemporary music ensemble.
“First Take” provides composers with the chance to hear their opera performed in front of an audience, to test out ideas and see what works, and to leave with a high-quality video recording that can be put in the hands of potential producers.
Composer Laura Karpman talks about "Balls."
For those in the audience, “First Take” is a fascinating sneak peek into the future of American opera. For a composer like Karpman, it’s also a chance for increased visibility: “Balls” is the only one of the six works to be composed by a woman.
The irony is not lost on Industry artistic director and “First Take” founder Yuval Sharon.
“We take it really seriously and we definitely talked about it,” Sharon says. “This year’s program is not as equal in terms of gender as we would like it to be, but I think that in a sense we are doubling down by adding Laura’s voice to the program. The theme of her piece really is the equality of the sexes.”
Sharon hopes that audiences will look at his company’s larger record of inclusivity (the last two iterations of “First Take” have featured a higher percentage of female composers), and the other ways in which this year’s composers are diverse.
“We are aware and we advocate as much as possible for all kinds of equality,” Sharon says. “To me, opera is a vital art form because of its potential for diversity.”
Initial financial backing for “Balls” came to Karpman in the form of a 2015 Opera America Discovery Grant. Karpman points to that grant as an example of a program making a difference in the careers of female composers.
With financial backing, Karpman could take the first step in bringing King’s story to the stage: finding a librettist who could write about a serious, politically charged subject with wit and playfulness.
Karpman decided right away that New York Times op-ed columnist and author Gail Collins was the right person, not only because she’s an expert on American history as it relates to women but also because “she has a kind of irony and humor even when she is talking about the most tense situations.”
Karpman pitched the idea in a cold letter, and Collins agreed to join the “Balls” team.
Like Karpman, Collins remembers watching the “Battle of the Sexes” match live.
“Laughing at women was the thing that everybody used to try to undermine the women’s movement,” Collins says, citing Riggs’ attempts at psyching out King through overtly sexist statements and stunts.
“The fact that she just gave it right back to him, that she was sassy and on the mark and that she figured out how to stand up for herself when people tried laughing at her — to me that was the great story of the whole thing,” Collins says. “I still remember her being carried out on that litter by those guys. It was so funny. She was so cool. She just turned it around.”
Billie Jean King holds down the net for a jumping Bobby Riggs. The two went head-to-head not only on the court but in the media storm leading up to the match. (MCT)
In her 2009 book, “When Everything Changed: The Amazing Journey of American Women From 1960 to the Present,” Collins explains the sociopolitical significance of that tennis match. She says she runs into so many younger women who have read the book and tell her that they didn’t really know the story of the women’s movement. “If ‘Balls’ can bring that to more people, then that by itself will make me really happy,” she says.
“Balls” is Collins’ first foray into libretto writing, so she worked closely with Karpman throughout the process. They decided to tell the story in one act, using an onstage tennis match as the main narrative device. Live-cued samples of bouncing tennis balls are embedded in the score, and portions of the libretto were sourced from a transcript of the ’73 broadcast.
Surrealist elements are included as well. It was Collins’ idea to bring suffragist Susan B. Anthony into the story through some creative time-hopping.
For Sharon and the rest of the “First Take” selection committee, “Balls” stood out because of its originality and relevance to contemporary politics.
The parallels between the King-Riggs match and the 2016 presidential debates were not lost on Karpman and Collins, who wrote the bulk of the libretto against the backdrop of the presidential election.
Although King won her battle of the sexes and Hillary Clinton did not, Collins says, the women are similarly important characters in an ongoing story.
“Hillary Clinton has not ever gotten elected president, but she has taught every generation to come that these are normal things women do,” she says. “That’s a historical triumph that she will always have. And Billie, in a very different and more fun way, told the same story with that tennis match.”
Of the sexism that Trump and Riggs displayed, Karpman says: “It’s there and we just have to face it head on like Billie Jean King did, with the same kind of courage and the same sort of fortitude that she had.”
In other words, whatever your particular talent or medium, grow a pair and get ready for the fight.
♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦
‘First Take’
Where: Aratani Theater, 244 S. San Pedro St., L.A.
When: 7-10:30 p.m. Friday
Tickets: Free on a first-come, first-serve basis (doors at 6:30 p.m.); reserved seats available for $10 online
Information: www.theindustryla.org
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What's it like to hear the L.A. Phil play your music in Disney Hall? Ask these composers, ages 16 to 18
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The ultimate guide to moving to Dublin
August 24, 2020 by islarussell Leave a comment
Blue Night Sky Cityscape Urban Dublin City
Dublin is the capital city of Ireland. It’s home to 1,273,069 people and has an unrivaled mix of historic buildings, open green spaces, and vibrant nightlife. If you’re moving to Dublin, here is everything you will need to know.
Transferring money
Before you begin looking at properties in Dublin, first consider how long you will be staying for and what space you need. There are several options for housing in Dublin, including a house, flat, or even a room share. The price of housing is dependant on the space that you acquire and how close to the city centre you are located. For example, on average, a one-bedroom apartment in Dublin city centre would cost you €1,013 to rent per month. In comparison, a one-bedroom apartment outside of the city centre would cost you €835 on average per month. If you are moving alone, and want to save some money, then consider moving into a house share. You will be given your own room, but you will share communal areas with other individuals in the house.
Dublin has become a center for international business. Google, eBay, and Amazon all have offices in and around the Dublin area. Asides from international business, tourism is a big moneymaker in Dublin. Being home to Guinness and Jameson whiskey, in addition to the array of historic buildings there are to visit, there are plenty of jobs available in the tourism sector of Dublin.
Once you have moved to Dublin you will need to transfer your money into euros. When transferring your money it’s best to look for somewhere that will give you the best exchange rate. This could be your bank or an outside company. You need to make sure that your money is transferred in a safe and secure way, so do plenty of research before you decide how to transfer your money.
Education is mandatory in Dublin from the age of 4 to 18. There are both public and private schools available, however, it is important to remember that private schools charge fees to attend whereas public schools do not. For those who want to continue their education after mandatory education, there are a number of prestigious universities in Dublin including Trinity College, which is notoriously difficult to get into.
There are several ways to get around the city of Dublin including bus, tram, and bike.
There are over 900 buses, and 18 night busses, that service Dublin and its surrounding suburbs. The price of a bus ride is dependent on how far you are traveling, however, it usually falls around €3.
The Luas Tram is the most time-efficient way to travel around Dublin. It consists of two tram lines, the Green Line and the Red Line, which connect suburban areas of Dublin to the city center. Similarly to the buses, the prices of the tram vary. On average a one-way ticket costs €2.50, however, if you are regularly traveling in and out of Dublin, you can purchase a week pass for €24, or a monthly pass for €95.
If you want to get some exercise whilst travelling through the city, there are Coca-Cola Zero Dublin Bikes available to hire. These bikes are a self-service rental system that can be used across Dublin. What is more, the first 30 minutes of your bike ride is completely free of charge. If you are planning on using the bikes more than once you may want to consider buying an annual card for €20.
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Dublin is the cultural epicentre of Irish life. The city has homed some of the most renowned talents from history, including legendary playwright Oscar Wilde, novelist Bram Stoker, and, of course, lead singer of U2 Bono.
There are a plethora of museums and art galleries in Dublin that showcase both ancient and modern history. If you are a lover of the arts, there are daily concerts, theatre performances, and exhibitions that are waiting to be explored.
Aside from the abundance of art, history, and performances that can be enjoyed in and around Dublin, the city is also well-known for its spectacular food. Home to five Michelin star restaurants, and a food festival during the month of June, Dublin’s food pedigree is growing every year.
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If you’re worried about doing your laundry in Dublin, don’t, because we are here to help. Laundryheap is fully operational in Dublin. Head to the Laundryheap website and use our postcode searcher to find out if we deliver to you.
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AIR FRANCE, Petitioner v. Valerie Hermien SAKS.
105 S.Ct. 1338
84 L.Ed.2d 289
AIR FRANCE, Petitioner
Valerie Hermien SAKS.
Argued Jan. 15, 1985.
Decided March 4, 1985.
Article 17 of the Warsaw Convention makes air carriers liable for injuries sustained by a passenger "if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking." Respondent, while a passenger on petitioner's jetliner as it descended to land in Los Angeles on a trip from Paris, felt severe pressure and pain in her left ear, and the pain continued after the jetliner landed. Shortly thereafter, respondent consulted a doctor who concluded that she had become permanently deaf in her left ear. She then filed suit in a California state court, alleging that her hearing loss was caused by negligent maintenance and operation of the jetliner's pressurization system. After the case was removed to Federal District Court, petitioner moved for summary judgment on the ground that respondent could not prove that her injury was caused by an "accident" within the meaning of Article 17, the evidence indicating that the pressurization system had operated in a normal manner. Relying on precedent that defines the term "accident" in Article 17 as an "unusual or unexpected" happening, the District Court granted summary judgment to petitioner. The Court of Appeals reversed, holding that the language, history, and policy of the Warsaw Convention and the Montreal Agreement (a private agreement among airlines that has been approved by the Federal Government) impose absolute liability on airlines for injuries proximately caused by the risks inherent in air travel; and that normal cabin pressure changes qualify as an "accident" within the definition contained in Annex 13 to the Convention on International Civil Aviation as meaning "an occurrence associated with the operation of an aircraft."
Held: Liability under Article 17 arises only if a passenger's injury is caused by an unexpected or unusual event or happening that is external to the passenger, and not where the injury results from the passenger's own internal reaction to the usual, normal, and expected operation of the aircraft, in which case it has not been caused by an accident under Article 17. Pp. 396-408.
(a) The text of the Warsaw Convention suggests that the passenger's injury must be so caused. The difference in the language of Article 17 imposing liability for injuries to passengers caused by an "accident" and Article 18 imposing liability for destruction or loss of baggage by an "occurrence," implies that the drafters of the Convention understood the word "accident" to mean something different than the word "occurrence." Moreover, Article 17 refers to an accident which caused the passenger's injury, and not to an accident which is the passenger's injury. The text thus implies that, however "accident" is defined, it is the cause of the injury that must satisfy the definition rather than the occurrence of the injury alone. And, since the Warsaw Convention was drafted in French by continental jurists, further guidance is furnished by the French legal meaning of "accident"—when used to describe a cause of injury, rather than the event of injury—as being a fortuitous, unexpected, unusual, or unintended event. Pp. 397-400.
(b) The above interpretation of Article 17 is consistent with the negotiating history of the Warsaw Convention, the conduct of the parties thereto, and the weight of precedent in foreign and American courts. Pp. 400-405.
(c) While any standard requiring courts to distinguish causes that are "accidents" from causes that are "occurrences" requires drawing a line that may be subject to differences as to where it should fall, an injured passenger is only required to prove that some link in the chain of causes was an unusual or unexpected event external to the passenger. Enforcement of Article 17's "accident" requirement cannot be circumvented by reference to the Montreal Agreement. That Agreement while requiring airlines to waive "due care" defenses under Article 20(1) of the Warsaw Convention, did not waive Article 17's "accident" requirement. Nor can enforcement of Article 17 be escaped by reference to the equation of "accident" with "occurrence" in Annex 13, which, with its corresponding Convention, expressly applies to aircraft accident investigations and not to principles of liability to passengers under the Warsaw Convention. Pp. 405-408.
724 F.2d 1383, reversed and remanded.
Stephen C. Johnson, San Francisco, Cal., for petitioner.
Carroll E. Dubuc, Falls Church, Va., for Republic of France, as amicus curiae supporting petitioner, by special order of the Court.
Bennett M. Cohen, San Francisco, Cal., for respondent.
Justice O'CONNOR delivered the opinion of the Court.
Article 17 of the Warsaw Convention1 makes air carriers liable for injuries sustained by a passenger "if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking." We granted certiorari, 469 U.S. 815, 105 S.Ct. 80, 83 L.Ed.2d 28 (1984), to resolve a conflict among the Courts of Appeals as to the proper definition of the word "accident" as used in this international air carriage treaty.
* On November 16, 1980, respondent Valerie Saks boarded an Air France jetliner in Paris for a 12-hour flight to Los Angeles. The flight went smoothly in all respects until, as the aircraft descended to Los Angeles, Saks felt severe pressure and pain in her left ear. The pain continued after the plane landed, but Saks disembarked without informing any Air France crew member or employee of her ailment. Five days later, Saks consulted a doctor who concluded that she had become permanently deaf in her left ear.
Saks filed suit against Air France in California state court, alleging that her hearing loss was caused by negligent maintenance and operation of the jetliner's pressurization system. App. 2. The case was removed to the United States District Court for the Central District of California. After extensive discovery, Air France moved for summary judgment on the ground that respondent could not prove that her injury was caused by an "accident" within the meaning of the Warsaw Convention. The term "accident," according to Air France, means an "abnormal, unusual or unexpected occurrence aboard the aircraft." Id., at 9. All the available evidence, including the postflight reports, pilot's affidavit, and passenger testimony, indicated that the aircraft's pressurization system had operated in the usual manner. Accordingly, the airline contended that the suit should be dismissed because the only alleged cause of respondent's injury normal operation of a pressurization system—could not qualify as an "accident." In her opposition to the summary judgment motion, Saks acknowledged that "[t]he sole question of law presented . . . by the parties is whether a loss of hearing proximately caused by normal operation of the aircraft's pressurization system is an 'accident' within the meaning of Article 17 of the Warsaw Convention . . . ." Id., at 30. She argued that "accident" should be defined as a "hazard of air travel," and that her injury had indeed been caused by such a hazard.
Relying on precedent which defines the term "accident" in Article 17 as an "unusual or unexpected" happening, see DeMarines v. KLM Royal Dutch Airlines, 580 F.2d 1193, 1196 (CA3 1978), the District Court granted summary judgment to Air France. See also Warshaw v. Trans World Airlines, Inc., 442 F.Supp. 400, 412-413 (ED Pa.1977) (normal cabin pressure changes are not "accidents" within the meaning of Article 17). A divided panel of the Court of Appeals for the Ninth Circuit reversed. 724 F.2d 1383 (1984). The appellate court reviewed the history of the Warsaw Convention and its modification by the 1966 Montreal Agreement, a private agreement among airlines that has been approved by the United States Government. Agreement Relating to Liability Limitations of the Warsaw Convention and the Hague Protocol, Agreement CAB 18900, 31 Fed.Reg. 7302 (1966), note following 49 U.S.C.App. § 1502. The court concluded that the language, history, and policy of the Warsaw Convention and the Montreal Agreement impose absolute liability on airlines for injuries proximately caused by the risks inherent in air travel. The court found a definition of "accident" consistent with this history and policy in Annex 13 to the Convention on International Civil Aviation, Dec. 7, 1944, 61 Stat. 1180, T.I.A.S. No. 1591, 15 U.N.T.S. 295; conformed to in 49 CFR § 830.2 (1984): "an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked . . . ." 724 F.2d, at 1385. Normal cabin pressure changes qualify as an "accident" under this definition. A dissent agreed with the District Court that "accident" should be defined as an unusual or unexpected occurrence. Id., at 1388 (Wallace, J.). We disagree with the definition of "accident" adopted by the Court of Appeals, and we reverse.
Air France is liable to a passenger under the terms of the Warsaw Convention only if the passenger proves that an "accident" was the cause of her injury. MacDonald v. Air Canada, 439 F.2d 1402 (CA1 1971); Mathias v. Pan Am World Airways, Inc., 53 F.R.D. 447 (WD Pa.1971). See 1 C. Shawcross & K. Beaumont, Air Law ¶ VII(147) (4th ed. 1984); D. Goedhuis, National Airlegislations and the Warsaw Convention 199 (1937). The narrow issue presented is whether respondent can meet this burden by showing that her injury was caused by the normal operation of the aircraft's pressurization system. The proper answer turns on interpretation of a clause in an international treaty to which the United States is a party. "[T]reaties are construed more liberally than private agreements, and to ascertain their meaning we may look beyond the written words to the history of the treaty, the negotiations, and the practical construction adopted by the parties." Choctaw Nation of Indians v. United States, 318 U.S. 423, 431-432, 63 S.Ct. 672, 677-678, 87 L.Ed. 877 (1943). The analysis must begin, however, with the text of the treaty and the context in which the written words are used. See Maximov v. United States, 373 U.S. 49, 53-54, 83 S.Ct. 1054, 1057-1058, 10 L.Ed.2d 184 (1963).
Article 17 of the Warsaw Convention establishes the liability of international air carriers for harm to passengers. Article 18 contains parallel provisions regarding liability for damage to baggage. The governing text of the Convention is in the French language, and we accordingly set forth the French text of the relevant part of Articles 17 and 18 in the margin.2 The official American translation of this portion of the text, which was before the Senate when it ratified the Convention in 1934, reads as follows:
"Article 17
"The carrier shall be liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
"(1) The carrier shall be liable for damage sustained in the event of the destruction or loss of, or of damage to, any checked baggage or any goods, if the occurrence which caused the damage so sustained took place during the transportation by air." 49 Stat. 3018-3019.
Two significant features of these provisions stand out in both the French and the English texts. First, Article 17 imposes liability for injuries to passengers caused by an "accident," whereas Article 18 imposes liability for destruction or loss of baggage caused by an "occurrence." This difference in the parallel language of Articles 17 and 18 implies that the drafters of the Convention understood the word "accident" to mean something different than the word "occurrence," for they otherwise logically would have used the same word in each article. See Goedhuis, supra, at 200-201; M. Milde, The Problems of Liabilities in International Carriage by Air 62 (Caroline Univ.1963). The language of the Convention accordingly renders suspect the opinion of the Court of Appeals that "accident" means "occurrence."
Second, the text of Article 17 refers to an accident which caused the passenger's injury, and not to an accident which is the passenger's injury. In light of the many senses in which the word "accident" can be used, this distinction is significant. As Lord Lindley observed in 1903:
"The word 'accident' is not a technical legal term with a clearly defined meaning. Speaking generally, but with reference to legal liabilities, an accident means any unintended and unexpected occurrence which produces hurt or loss. But it is often used to denote any unintended and unexpected loss or hurt apart from its cause; and if the cause is not known the loss or hurt itself would certainly be called an accident. The word 'accident' is also often used to denote both the cause and the effect, no attempt being made to discriminate between them." Fenton v. J. Thorley & Co., [1903] A.C. 443, 453.
In Article 17, the drafters of the Warsaw Convention apparently did make an attempt to discriminate between "the cause and the effect"; they specified that air carriers would be liable if an accident caused the passenger's injury. The text of the Convention thus implies that, however we define "accident," it is the cause of the injury that must satisfy the definition rather than the occurrence of the injury alone. American jurisprudence has long recognized this distinction between an accident that is the cause of an injury and an injury that is itself an accident. See Landress v. Phoenix Mutual Life Ins. Co., 291 U.S. 491, 54 S.Ct. 461, 78 L.Ed. 934 (1934).
While the text of the Convention gives these two clues to the meaning of "accident," it does not define the term. Nor is the context in which the term is used illuminating. See Note, Warsaw Convention—Air Carrier Liability for Passenger Injuries Sustained Within a Terminal, 45 Ford.L.Rev. 369, 388 (1976) ("The language of Article 17 is stark and undefined"). To determine the meaning of the term "accident" in Article 17 we must consider its French legal meaning. See Reed v. Wiser, 555 F.2d 1079 (CA2), cert. denied, 434 U.S. 922, 98 S.Ct. 399, 54 L.Ed.2d 279 (1977); Block v. Compagnie Nationale Air France, 386 F.2d 323 (CA5 1967), cert. denied, 392 U.S. 905, 88 S.Ct. 2053, 20 L.Ed.2d 1363 (1968). This is true not because "we are forever chained to French law" by the Convention, see Rosman v. Trans World Airlines, Inc., 34 N.Y.2d 385, 394, 358 N.Y.S.2d 97, 102, 314 N.E.2d 848, 853 (1974), but because it is our responsibility to give the specific words of the treaty a meaning consistent with the shared expectations of the contracting parties. Reed, supra, at 1090; Day v. Trans World Airlines, Inc., 528 F.2d 31 (CA2 1975), cert. denied, 429 U.S. 890, 97 S.Ct. 246, 50 L.Ed.2d 172 (1976). We look to the French legal meaning for guidance as to these expectations because the Warsaw Convention was drafted in French by continental jurists. See Lowenfeld & Mendelsohn, The United States and the Warsaw Convention, 80 Harv.L.Rev. 497, 498-500 (1967).
A survey of French cases and dictionaries indicates that the French legal meaning of the term "accident" differs little from the meaning of the term in Great Britain, Germany, or the United States. Thus, while the word "accident" is often used to refer to the event of a person's injury,3 it is also sometimes used to describe a cause of injury, and when the word is used in this latter sense, it is usually defined as a fortuitous, unexpected, unusual, or unintended event. See 1 Grand Larousse de La Langue Francaise 29 (1971) (defining "accident" as "Evenement fortuit et facheux, causant des dommages corporels ou materiels"); Air France v. Haddad, Judgment of June 19, 1979, Cour d'appel de Paris, Premiere Chambre Civile, 1979 Revue Francaise de Droit Aerien 327, 328, appeal rejected, Judgment of February 16, 1982, Cour de Cassation, 1982 Bull.Civ. I 63. This parallels British and American jurisprudence. See Fenton v. J. Thorley & Co., supra; Landress v. Phoenix Mutual Life Ins. Co., supra; Koehring Co. v. American Automobile Ins. Co., 353 F.2d 993 (CA7 1965). The text of the Convention consequently suggests that the passenger's injury must be caused by an unexpected or unusual event.
This interpretation of Article 17 is consistent with the negotiating history of the Convention, the conduct of the parties to the Convention, and the weight of precedent in foreign and American courts. In interpreting a treaty it is proper, of course, to refer to the records of its drafting and negotiation. Choctaw Nation of Indians v. United States, 318 U.S., at 431, 63 S.Ct., at 677. In part because the "travaux preparatoires" of the Warsaw Convention are published and generally available to litigants, courts frequently refer to these materials to resolve ambiguities in the text. See Trans World Airlines, Inc. v. Franklin Mint Corp., 466 U.S. 243, 259, 104 S.Ct. 1776, 1786, 80 L.Ed.2d 273 (1984); Maugnie v. Companie Nationale Air France, 549 F.2d 1256 (CA9 1977); Fothergill v. Monarch Airlines, Ltd., [1980] 2 All E.R. 696 (H.L.).
The treaty that became the Warsaw Convention was first drafted at an international conference in Paris in 1925. The protocol resulting from the Parish Conference contained an article specifying: "The carrier is liable for accidents, losses, breakdowns, and delays. It is not liable if it can prove that it has taken reasonable measures designed to pre-empt damage . . . ."4 The protocol drafted at Paris was revised several times by a committee of experts on air law,5 and then submitted to a second international conference that convened in Warsaw in 1929. The draft submitted to the conference stated:
Article 22 of this draft, like the original Paris draft, permitted the carrier to avoid liability by proving it had taken reasonable measures to avoid the damage. Id., at 265. None of the early drafts required that an accident cause the passenger's injury.
At Warsaw, delegates from several nations objected to the application of identical liability rules to both passenger injuries and damage to baggage, and the German delegation proposed separate liability rules for passengers and baggage. Id., at 36. The need for separate rules arose primarily because delegates thought that liability for baggage should commence upon delivery to the carrier, whereas liability for passengers should commence when the passengers later embark upon the aircraft. Id., at 72-74 (statements of French, Swiss, and Italian delegates). The Reporter on the Preliminary Draft of the Convention argued it would be too difficult to draft language specifying this distinction, and that such a distinction would be unnecessary because "Article 22 establishes a very mitigated system of liability for the carrier, and from the moment that the carrier has taken the reasonable measures, he does not answer for the risks, nor for the accidents occur[r]ing to people by the fault of third parties, nor for accidents occur[r]ing for any other cause." Id., at 77-78 (statement of Reporter De Vos). The delegates were unpersuaded, and a majority voted to have a drafting committee rework the liability provisions for passengers and baggage. Id., at 83.
A few days later, the drafting committee proposed the liability provisions that became Articles 17 and 18 of the Convention. Article 20(1) of the final draft contains the "necessary measures" language which the Reporter believed would shield the carrier from liability for "the accidents occur[r]ing to people by the fault of third parties" and for "accidents occur[r]ing for any other cause." Nevertheless, the redrafted Article 17 also required as a prerequisite to liability that an accident cause the passenger's injury, whereas the redrafted Article 18 required only that an occurrence cause the damage to baggage. Although Article 17 and Article 18 as redrafted were approved with little discussion, the President of the drafting committee observed that "given that there are entirely different liability cases: death or wounding, disappearance of goods, delay, we have deemed that it would be better to begin by setting out the causes of liability for persons, then for goods and baggage, and finally liability in the case of delay." Id., at 205 (statement of Delegate Giannini) (emphasis added). This comment at least implies that the addition of language of causation to Articles 17 and 18 had a broader purpose than specification of the time at which liability commenced. It further suggests that the causes of liability for persons were intended to be different from the causes of liability for baggage. The records of the negotiation of the Convention accordingly support what is evident from its text: A passenger's injury must be caused by an accident, and an accident must mean something different than an "occurrence" on the plane. Like the text of the Convention, however, the records of its negotiation offer no precise definition of "accident."
Reference to the conduct of the parties to the Convention and the subsequent interpretations of the signatories helps clarify the meaning of the term. At a Guatemala City International Conference on Air Law in 1971, representatives of many of the Warsaw signatories approved an amendment to Article 17 which would impose liability on the carrier for an "event which caused the death or injury" rather than for an "accident which caused" the passenger's injury, but would exempt the carrier from liability if the death or injury resulted "solely from the state of health of the passenger." International Civil Aviation Organization, 2 Documents of the International Conference on Air Law, Guatemala City, ICAO Doc. 9040-LC/167-2, p. 189 (1972). The Guatemala City Protocol of 1971 and the Montreal Protocols Nos. 3 and 4 of 1975 include this amendment, see S.Exec.Rep. No. 98-1 (1983), but have yet to be ratified by the Senate, and therefore do not govern the disposition of this case. The statements of the delegates at Guatemala City indicate that they viewed the switch from "accident" to "event" as expanding the scope of carrier liability to passengers. The Swedish Delegate, for example, in referring to the choice between the words "accident" and "event," emphasized that the word "accident" is too narrow because a carrier might be found liable for "other acts which could not be considered as accidents." See International Civil Aviation Organization, 1 Minutes of the International Conference on Air Law, ICAO Doc. 9040-LC/167-1, p. 34 (1972). See also Mankiewicz, Warsaw Convention: The 1971 Protocol of Guatemala City, 20 Am.J.Comp.L. 335, 337 (1972) (noting that changes in Article 17 were intended to establish "strict liability").
In determining precisely what causes can be considered accidents, we "find the opinions of our sister signatories to be entitled to considerable weight." Benjamins v. British European Airways, 572 F.2d 913, 919 (CA2 1978), cert. denied, 439 U.S. 1114, 99 S.Ct. 1016, 59 L.Ed.2d 79 (1979). While few decisions are precisely on point, we note that, in Air France v. Haddad, Judgment of June 19, 1979, Cour d'appel de Paris, Premiere Chambre Civile, 1979 Revue Francaise de Droit Aerien, at 328, a French court observed that the term "accident" in Article 17 of the Warsaw Convention embraces causes of injuries that are fortuitous or unpredictable. European legal scholars have generally construed the word "accident" in Article 17 to require that the passenger's injury be caused by a sudden or unexpected event other than the normal operation of the plane. See, e.g., O. Riese & J. Lacour, Precis de Droit Aerien 264 (1951) (noting that Swiss and German law require that the damage be caused by an accident, and arguing that an accident should be construed as an event which is sudden and independent of the will of the carrier); 1 C. Shawcross & K. Beaumont, Air Law ¶ VII(148) (4th ed. 1984) (noting that the Court of Appeals for the Third Circuit's definition of accident accords with some English definitions and "might well commend itself to an English court"). These observations are in accord with American decisions which, while interpreting the term "accident" broadly, Maugnie v. Compagnie Nationale Air France, 549 F.2d, at 1259, nevertheless refuse to extend the term to cover routine travel procedures that produce an injury due to the peculiar internal condition of a passenger. See, e.g. Abramson v. Japan Airlines Co., 739 F.2d 130 (CA3 1984) (sitting in airline seat during normal flight which aggravated hernia not an "accident"), cert. pending, No. 84-939; MacDonald v. Air Canada, 439 F.2d 1402 (CA5 1971) (fainting while waiting in the terminal for one's baggage not shown to be caused by an "accident"); Scherer v. Pan American World Airways, Inc., 54 App.Div.2d 636, 387 N.Y.S.2d 580 (1976) (sitting in airline seat during normal flight which aggravated thrombophlebitis not an "accident").
We conclude that liability under Article 17 of the Warsaw Convention arises only if a passenger's injury is caused by an unexpected or unusual event or happening that is external to the passenger. This definition should be flexibly applied after assessment of all the circumstances surrounding a passenger's injuries. Maugnie, supra, at 1262. For example, lower courts in this country have interpreted Article 17 broadly enough to encompass torts committed by terrorists or fellow passengers. See Evangelinos v. Trans World Airlines, Inc., 550 F.2d 152 (CA3 1977) (en banc) (terrorist attack); Day v. Trans World Airlines, Inc., 528 F.2d 31 (CA2 1975) (en banc) (same), cert. denied, 429 U.S. 890, 97 S.Ct. 246, 50 L.Ed.2d 172 (1976); Krystal v. British Overseas Airways Corp., 403 F.Supp. 1322 (CD Cal.1975) (hijacking); Oliver v. Scandinavian Airlines System, 17 CCH Av.Cas. 18,283 (Md.1983) (drunken passenger falls and injures fellow passenger). In cases where there is contradictory evidence, it is for the trier of fact to decide whether an "accident" as here defined caused the passenger's injury. See DeMarines v. KLM Royal Dutch Airlines, 580 F.2d 1193 (CA3 1978) (contradictory evidence on whether pressurization was normal). See also Weintraub v. Capital International Airways, Inc., 16 CCH Av.Cas. 18,058 (N.Y.Sup.Ct., 1st Dept., 1981) (plaintiff's testimony that "sudden dive" led to pressure change causing hearing loss indicates injury was caused by an "accident"). But when the injury indisputably results from the passenger's own internal reaction to the usual, normal, and expected operation of the aircraft, it has not been caused by an accident, and Article 17 of the Warsaw Convention cannot apply. The judgment of the Court of Appeals in this case must accordingly be reversed.
We recognize that any standard requiring courts to distinguish causes that are "accidents" from causes that are "occurrences" requires drawing a line, and we realize that "reasonable [people] may differ widely as to the place where the line should fall." Schlesinger v. Wisconsin, 270 U.S. 230, 241, 46 S.Ct. 260, 262, 70 L.Ed. 557 (1926) (Holmes, J., dissenting). We draw this line today only because the language of Articles 17 and 18 requires it, and not because of any desire to plunge into the "Serbonian bog" that accompanies attempts to distinguish between causes that are accidents and injuries that are accidents. See Landress v. Phoenix Mutual Life Ins. Co., 291 U.S., at 499, 54 S.Ct., at 463 (Cardozo, J., dissenting). Any injury is the product of a chain of causes, and we require only that the passenger be able to prove that some link in the chain was an unusual or unexpected event external to the passenger. Until Article 17 of the Warsaw Convention is changed by the signatories, it cannot be stretched to impose carrier liability for injuries that are not caused by accidents. It remains "[o]ur duty . . . to enforce the . . . treaties of the United States, whatever they might be, and . . . the Warsaw Convention remains the supreme law of the land." Reed, 555 F.2d, at 1093.
Our duty to enforce the "accident" requirement of Article 17 cannot be circumvented by reference to the Montreal Agreement of 1966. It is true that in most American cases the Montreal Agreement expands carrier liability by requiring airlines to waive their right under Article 20(1) of the Warsaw Convention to defend claims on the grounds that they took all necessary measures to avoid the passenger's injury or that it was impossible to take such measures. Because these "due care" defenses are waived by the Montreal Agreement, the Court of Appeals and some commentators have characterized the Agreement as imposing "absolute" liability on air carriers. See Lowenfeld & Mendelsohn, 80 Harv.L.Rev., at 599. As this case demonstrates, the characterization is not entirely accurate. It is true that one purpose of the Montreal Agreement was to speed settlement and facilitate passenger recovery, but the parties to the Montreal Agreement promoted that purpose by specific provision for waiver of the Article 20(1) defenses. They did not waive other provisions in the Convention that operate to qualify liability, such as the contributory negligence defense of Article 21 or the "accident" requirement of Article 17. See Warshaw, 442 F.Supp., at 408. Under the Warsaw Convention as modified by the Montreal Agreement, liability can accordingly be viewed as "absolute" only in the sense that an airline cannot defend a claim on the ground that it took all necessary measures to avoid the injury. The "accident" requirement of Article 17 is distinct from the defenses in Article 20(1), both because it is located in a separate article and because it involves an inquiry into the nature of the event which caused the injury rather than the care taken by the airline to avert the injury. While these inquiries may on occasion be similar, we decline to employ that similarity to repeal a treaty provision that the Montreal Agreement on its face left unaltered.
Nor can we escape our duty to enforce Article 17 by reference to the equation of "accident" with "occurrence" in Annex 13 to the Convention on International Civil Aviation. The definition in Annex 13 and the corresponding Convention expressly apply to aircraft accident investigations, and not to principles of liability to passengers under the Warsaw Convention. See B. Cheng, The Law of International Air Transport 106-165 (1962).
Finally, respondent suggests an independent ground supporting the Court of Appeals' reversal of the summary judgment against her. She argues that her original complaint alleged a state cause of action for negligence independent of the liability provisions of the Warsaw Convention, and that her state negligence action can go forward if the Warsaw liability rules do not apply. Expressing no view on the merits of this contention, we note that it is unclear from the record whether the issue was raised in the Court of Appeals. We leave the disposition of this claim to the Court of Appeals in the first instance. See Hoover v. Ronwin, 466 U.S. 558, 574, n. 25, 104 S.Ct. 1989, 1998, n. 25, 80 L.Ed.2d 590 (1984).
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
Justice POWELL took no part in the consideration or decision of this case.
Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, 49 Stat. 3000, T.S. No. 876 (1934), note following 49 U.S.C.App. § 1502.
"Le transporteur est responsable du dommage survenu en cas de mort, de blessure ou de toute autre lesion corporelle subie par un voyageur lorsque l'accident qui a cause le dommage s'est produit a bord de l'aeronef ou au cours de toutes operations d'embarquement et de debarquement.
"(1) Le transporteur est responsable du dommage survenu en cas de destruction, perte ou avarie de bagages enregistres ou de marchandises lorsque l'evenement qui a cause le dommage s'est produit pendant le transport aerien." 49 Stat. 3005 (emphasis added).
Article 36 of the Convention recites that it is drawn in French. Id., at 3008.
See, e.g., M. LeGrand, Dictionnaire Usuel de Droit 8 (1931) (defining "accident" as "Evenement fortuit et malheureux qui ouvre a la victime, soit par suite de l'impreoyance ou de la negligence d'une personne, soit en vertu du 'risque professionel,' droit a une reparation pecuniaire").
"Le transporteur est responsable des accidents, pertes, avaries et retards. Il n'est pas responsable s'il prouve avoir pris les mesures raisonnables pour eviter le dommage . . . ." [1925 Paris] Conference Internationale de Droit Prive Aerien 87 (1936).
See Report of the Second Session, International Technical Committee of Legal Experts on Air Questions (1927); Report of the Third Session, International Technical Committee of Legal Experts on Air Questions (1928).
"The carrier shall be liable for damage sustained during carriage:
"(a) in the case of death, wounding, or any other bodily injury suffered by a traveler;
"(b) in the case of destruction, loss, or damage to goods or baggage;
"(c) in the case of delay suffered by a traveler, goods, or baggage." International Conference on Air Law Affecting Air Questions, Minutes, Second International Conference on Private Aeronautical Law, October 4-12, 1929, Warsaw 264-265 (R. Horner & D. Legrez trans. 1975).
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Executive order to help one young immigrant realize dream
On behalf of Yeager & Etkind | Jul 25, 2012 | Uncategorized
Last month, we mentioned President Obama’s executive order that allows young immigrants to remain and work in the country for two years–and perhaps longer–if they meet certain requirements. That order is already having an effect on the life of one young man in Maryland.
The 19-year-old immigrant had arrived in the U.S. with his parents more than 10 years ago. He had grown up here, gone to school here and come of age here. After high school, he had entered college and nurtured a goal of eventually becoming a doctor. But his family had entered the country illegally, making sudden deportation a very real possibility. And in March, it appeared that the family’s time had come.
Federal immigration authorities took them into custody, and the family spent nearly a week in jail, waiting for deportation proceedings. But then relief arrived. With the backing of a Maryland Congressman and others active in politics and the community, the family was released from custody. Immigration authorities indicated that they could still be deported next year, but for the moment they will remain here.
The 19-year-old student, however, now aims to qualify for the two-year reprieve offered by the executive order. Although it provides no path to U.S. citizenship, it does allow illegal immigrants who meet certain age requirements and other qualifications to stay and work here. After the two-year period expires, immigrants may reapply for renewal.
Commenting on the effect of the executive order, the young man said, “It just makes my goals real, where before I just had a sketched up plan of what could happen.”
Source: CBS News, “Deportation fears subside for young Hispanics,” Chad Sinclair, July 11, 2012.
• Immigration law is complex and presents many challenges to those seeking to live and work in the U.S. If you would like to learn more about our firm’s practice, please visit our Maryland family immigration page.
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By Brenda Scott Royce
September 7, 2018 Conservation, Work in the Field
This article originally ran in the Summer 2017 issue of Zoo View, the award-winning quarterly publication of the Greater Los Angeles Zoo Association.
With mining for cell phone components driving gorillas to the brink of extinction, the species’ survival may literally lie in the palm of your hands.
Kelly the western lowland gorilla at the Los Angeles Zoo. Photo by Jamie Pham.
Recycle a cell phone—help save a gorilla’s life.
Sounds overly simplistic, but it’s true. Recapturing the precious minerals locked inside the 500 million dead or dormant phones estimated to exist in the U.S. alone would drastically reduce the need for mining in the Congo, where the activity has wreaked havoc on gorillas and other animals that share their embattled habitat. When cell phones are tossed in the trash, the problem is compounded—and the effects hit closer to home. Electronic devices in landfills leach arsenic and other toxins into ground water, causing human health consequences on top of environmental damage. Diverting these devices from landfills also reduces greenhouse gas emissions, which most scientists believe are driving global climate change.
We all know we should recycle, but we don’t always connect the dots from understanding to action. While moving recently I found five outdated cell phones gathering dust in the family garage, along with countless cables, chargers, and gadgets of unknown origin. I hadn’t gotten around to recycling them—even though I’d helped share the Zoo’s call to action in the pages of this magazine.
I understood the importance but not the urgency of the situation. I didn’t realize that Grauer’s gorillas—a subspecies severely impacted by the consumer electronics explosion—have suffered a 77 percent population decline in just the last two decades. I knew that funds raised by cell phone recycling benefit endangered animals, but was surprised to discover that Eco-Cell, the Zoo’s partner in these efforts, also donates refurbished phones directly to field conservation projects. At the Gorilla Rehabilitation and Conservation Education Center (GRACE), such phones have been used to speed diagnosis of sick gorillas.
So, yes, that old phone languishing in your desk drawer or garage (or mine) could literally save lives.
Of course, we can’t roll back the clock on the technological revolution—even if we wanted to. “We’re not going to stop using cell phones,” says Beth Schaefer, general curator of the Los Angeles Zoo and Botanical Gardens. “It’s just not going to happen. But there are actions we can take to lessen their impact.”
Making the leap from understanding to action is easier if you understand the problems and processes involved. Let’s take a closer look.
The Three Ts
Tantalum, derived from columbite-tantalite (also known as “coltan”), is a critical component in cell phones. “Tantalum coats the capacitors and allows for the miniaturization of cell phones, to make them nice and thin and small and useful,” explains Eco-Cell president Eric Ronay. “It holds an electrical charge better than any other material. So it’s very valuable to a cell phone.”
The majority of the world’s supply of coltan—up to 80 percent—is found in the Democratic Republic of the Congo (DRC). Since the early 1990s, skyrocketing demand for tantalum has led to a “coltan rush” that has created a conservation crisis, crippled the country’s agricultural industry, and contributed to civil war.
While their distribution is more wide spread, tungsten (used to make cell phones vibrate) and tin (used to create solder for circuit boards) are also mined in the DRC. These are the “three Ts” which, along with gold, are generally what is meant by the term conflict minerals. Like conflict diamonds (a.k.a. blood diamonds), the term refers to raw materials originating from an area of civil war or unrest and sold to finance the violence.
The concentrated presence of these minerals in the DRC has led to uncontrolled mining in this highly biodiverse, ecologically sensitive region. “They destroy the habitat getting in there,” says Ronay. “If you see pictures of these mining operations, it looks like a moonscape after they get finished with it.”
Mining is poorly regulated in this part of the world, and many operations are run by ruthless militias. In addition to the environmental devastation, these militias are responsible for horrific human rights abuses against civilians.
Most Congolese mines are small, “artisanal” operations—a far cry from the industrialized mines we’re familiar with in the United States. Artisanal mining uses little technology or machinery. To extract coltan, laborers dig craters into stream beds by hand, a grueling and dangerous activity that is often performed by young children. (Amnesty International reports that as many as 40,000 children are working in mines in the DRC.)
Then there’s the poaching. “Each mine, whether legally operated or not, involves a set-up in the forest that requires not only destruction of the land to unearth the minerals, but numerous people to operate the mining sites,” says Dr. Tara Stoinski, president and chief scientist of Dian Fossey Gorilla Fund International. “To feed these people, wildlife is hunted from the surrounding forests. This includes gorillas, chimpanzees, elephants, and many other species.” Trade in “bushmeat” (exotic animals killed for human consumption) is illegal, but in this war-torn region, such laws are virtually unenforceable.
Recycling your cell phone benefits people and animals in regions where mining causes upheaval, including the demand for bushmeat (a threat to endangered chimpanzees). Photo by Jamie Pham.
A Valuable Lesson
Since the average consumer is unfamiliar with the three Ts, to get his message across—especially to younger audiences—Ronay often points to the presence in cell phones of a better-known commodity: gold.
“I visit zoo camps every summer,” he says. “When you start talking to kids about the magical properties of tantalum, their eyes kind of glaze over. It’s an abstraction to them: they don’t quite get it. But when you tell them there’s gold in cell phones, and it can be reclaimed, it’s like a lightbulb goes off.”
At this point in his presentation, Ronay will often break open a cell phone to show his audience where the gold is located. “Their eyes light up and they go crazy,” he says wryly. “It’s not the approach that I would personally like to take, but it gets their attention. And then I’ll tell them, ‘And by the way, there’s a whole troop of gorillas down the way; go take a look at them.'”
Their curiosity piqued by gold’s allure, the campers are more receptive to the environmental message. It’s Ronay’s way of connecting the dots from understanding to action.
(Kids: Before you entertain ideas about smashing your phones to get at the gold, it’s worth noting that the amount inside each phone is tiny—it takes about 41 mobile phones to yield one gram!)
Zoo Roots
Zoos are among the largest contributors to Eco-Cell’s recycling efforts. In fact, the Kentucky-based firm traces its roots to the local zoo. “We’ve been lifelong members of the Louisville Zoo, and friends with Bill Foster, who was the executive director. He told us about the connection between gorillas and what goes into cell phones.”
That was back in 2003, around the time the Louisville Zoo’s Gorilla Forest exhibit opened. “It was the Wild West of electronics,” Ronay says. “Manufacturers were pumping these things out into the consumer populace without any consideration of what happened after that.”
Compassion for the conservation crisis got the family’s attention, but profit potential spurred their initial action. “My dad is an entrepreneur, and he picked up on a business idea. ‘Hey, we love gorillas, and we want to make some money, so why don’t we connect the two,'” Ronay explains. “Bring awareness to the problem and give people something they can do to actively contribute to the conservation of the species.”
Bill Ronay worked with Foster to install a cell phone collection box at the Louisville Zoo, and Eco-Cell was born. “Lo and behold, it just kind of exploded,” his son recalls. More and more zoos got involved (a total of 110 at the program’s zenith). “Next thing you know, we’re moving from building to building trying to accommodate the volume of cell phones that were coming in to us.”
The Eco-Cell recycling box just inside the front entrance of the L.A. Zoo. Photo by Jamie Pham.
Eric Ronay helped grow the business and took over the reins in 2006, when his father’s entrepreneurial spirit led him in a different direction. An avid animal lover, Ronay’s passion for the cause has helped him weather dramatic changes in the industry. “At one point, we were recycling 70,000 cell phones a year. That’s all changed now. Once the smartphone came on the scene, the wireless companies began to care about what happened to them downstream. Because they’re little computers—and they cost so much to manufacture—the companies had to devise a way to get them back.”
With an increasing number of firms offering trade-in incentives, or leasing rather than selling their smartphones to customers, the quantity (and quality) of donations to Eco-Cell have sharply declined. “It’s one of those instances where economics is helping solve the problem,” says Ronay. “Not for the right reasons, but simply for financial gain. I can respect that. But obviously, as someone who supports conservation, I was hoping for more.”
He’d hoped that one of the major manufacturers would take the lead in shifting the industry toward more environmentally responsible practices, such as embracing the concept of “gorilla-safe phones.” Since tantalum, tungsten, tin, and gold are not “visible” components of cell phones, it’s virtually impossible for consumers to know where they came from. Much like the “dolphin-safe” designation on many tuna brands makes it easy for consumers to make informed decisions, phones would be certified “gorilla-safe” if they contained only legally obtained, responsibly sourced materials.
Generations of cell phones donated for recycling. Photo courtesy of Eco-Cell.
At Our Zoo
The L.A. Zoo’s cell phone recycling program was spearheaded by the L.A. chapter of the American Association of Zoo Keepers (AAZK/LA). Senior Animal Keeper Jim Haigwood, then president of AAZK/LA, says of his decision to get involved: “We have to give the public opportunities to participate in conservation. We can’t just tell them about the things that are going on around the planet; we have to give them outlets to have a positive role in changing things.”
An Eco-Cell collection box was installed at the front of the Zoo in 2009, and phones started trickling in. When packing for a day at the Zoo, usually the last thing on people’s minds is to bring along their old electronics, Haigwood says, noting the need for increased awareness of the program. Spreading the word through various communication channels and on-site events has helped.
Haigwood notes that the Zoo’s annual environmental festival, Wild for the Planet, generates a significant spike in donations. “I always get excited about Wild for the Planet because I know we’re going to get more material to recycle.” To Haigwood’s delight, this year’s haul included iPads and other tablet devices. “We never received a tablet before, and last month we got four or five of them, so that was great.”
Another boost came from the Zoo’s student volunteers. Eighteen-year-old Imanelijah Zeinali, the program’s president, launched a cell-phone collecting competition to motivate his peers. “Millennials can really make a difference in this program, because we’re the ones with all the cell phones,” he jokes. In a short time, by reaching out to friends, families, schools, and communities, the students amassed more than 150 phones. The group that brought in the most devices earned a special behind-the-scenes animal encounter as reward for their efforts.
Though he didn’t hit his goal of 1,000 phones, Zeinali hopes next year’s crop of student volunteers will expand upon his efforts. “This was a first step. I wanted the student volunteers to experience how they, in a small way, can make a big impact on the environment.”
“Your actions are absolutely making a difference. It’s not abstract. … When I go over to GRACE, the staff are using phones that came from Eco-Cell. I’ve seen it with my own eyes.”
– Beth Schaefer, General Curator, Los Angeles Zoo and Botanical Gardens
To guard your privacy and protect against identity theft, it is important to take a few steps before surrendering your phone. First, remove all your personal data—including photos, emails, texts, and contacts—from the device. The process varies depending on the brand and model but generally takes just a few seconds. Google “how to wipe a cell phone” plus your device type for instructions, or visit www.wikihow.com/Delete-Cell-Phone-Memory for more information.
What if you can’t even power up the phone? Even if I could have found their long-lost accessories, the ancient flip phones I recently unearthed in my garage were well past the point of being able to hold a charge. The main reason we’d kept them for so long—aside from not wanting them to end up in a landfill—was fear of someone somewhere someday managing to access whatever personal information might be locked inside their decaying electronic brains.
Ronay put my fears at ease. “With a smartphone, there’s tons of data on those things, and you really should wipe that data off. But for really old phones, where literally all you have in there are phone numbers, there’s not much of a risk.” Still, if you’re worried about your old contacts getting into the wrong hands, he offers a stress-relieving solution: “Destroy the phone first, and then send it in. We don’t care. It’s going to get ground up into a million pieces anyway.”
Once the memory is clear (or the phone destroyed), remove the SIM card, make sure the service is turned off, and drop it off at the Zoo.
What happens to your cell phone after you donate it? Once Haigwood has accumulated enough devices to fill a shipping box, he contacts Eco-Cell to request a prepaid shipping label.
“Then UPS comes to the Zoo and picks up the packages,” says Ronay. “They arrive at our little warehouse room, and we go through everything with a fine-toothed comb.”
Eco-Cell staff sorts donations, quickly determining which items will be refurbished and resold and which will be recycled. (In a humorous aside, Ronay lists some of the oddest items the company has received from goodhearted people who misunderstand the scope of what is included under the umbrella of electronics—including beard trimmers, bunion scrapers, a vast array of remote controls, and even a crockpot!)
Considering the amount of energy and resources that go into creating a new phone, it’s far better, environmentally speaking, to extend the life of an old one. But that’s not always possible. Ronay estimates that nine out of ten phones that come in to Eco-Cell are destined for the recycle bin. “We try to reuse as much as possible, but at some point the market for old cell phones is limited. We’ve been doing this so long, we know which ones we can resell. And we know which ones are absolutely on their last legs.”
After being relieved of their batteries (which are processed separately), end-of-life devices are sent to a certified electronics recycler, where they are dismantled and crushed. The resulting fine powder goes to a smelting company. The minerals extracted in the smelting process are recast and sold by the pound on the gold market.
Eco-Cell is a “no landfill” program and works only with facilities that are certified under R2 / BAN or ISO 14000 standards (more information about these recycling certifications can be found on the Eco-Cell website at eco-cell.com).
Most of Eco-Cell’s e-waste recycling is handled by Unicore, a Belgian-based firm dedicated to clean technologies and sustainability. They go beyond the three Ts, recovering more than 20 elements (“from Ag to Zn”) in their global operation. Copper can be extracted from A/C adapters, earbuds, cables, and other accessories, and lithium ion batteries are recycled for their nickel.
Money and More
In addition to reducing demand for mining in the Congo, there are other ways recycling your phone can benefit gorillas. All funds raised by the Zoo from the program are directed to gorilla conservation projects. “For every cell phone we recycle or sell, we pass money back to the zoo that sent it in,” Ronay says. Thanks to the collective collecting power of Eco-Cell’s partner zoos, the firm has so far given more than a half million dollars to wildlife conservation.
Your donated phone could even end up in the hands of someone working to help and heal orphaned gorillas in Africa. GRACE is a rehabilitation center for displaced gorillas (usually youngsters whose mothers were killed by poachers).
An orphaned Grauer's gorilla. Photo courtesy of GRACE.
Dr. Sonya Kahlenberg, executive director of GRACE, tells Zoo View, “Eco-Cell has been a GRACE supporter since 2012 and has contributed funds as well as dozens of refurbished smart phone. These phones have significantly improved our ability to care for orphaned gorillas and operate in our remote part of the eastern DRC. Cell and Internet communication is generally unreliable in our region, but we are able to get a strong signal with these phones.”
Donated phones also directly help GRACE staff with veterinary care, Kahlenberg explains. “We recently added an iPhone mount to our microscope to capture images for our veterinary advisors in U.S. zoos, who help diagnose any issues we find and recommend treatment.”
In her role as co-chair of GRACE’s Animal Care and Welfare Advisory Group, the Zoo’s General Curator Beth Schaefer has been on the receiving end of such SOS calls. “It’s like 3 a.m. and my phone rings, and it’s someone at GRACE, saying, ‘Hey, we have this gorilla situation,'” she says. “It’s really gratifying to know that we can help them at the drop of a hat, and they feel like they’re not alone in their efforts—even in these super remote areas they can just pick up the phone and call.”
A donated phone being used in a diagnosis. Photo courtesy of GRACE.
Schaefer has seen firsthand how the actions of a single person can help a species half a world away—a message she wants to share with readers. “Your actions are absolutely making a difference. It’s not abstract. It’s not, ‘Oh, I gave five dollars and who knows where that goes.’ When I go over to GRACE, the staff are using phones that came from Eco-Cell. I’ve seen it with my own eyes.”
Hearing about how these phones aid GRACE’s conservation and rehabilitation efforts “makes the hairs on my arms stand up,” says Ronay. When the donated devices succumb to heavy use and the harsh Congo environment, he sends replacements. “GRACE is the absolute pinnacle of how we want our program done. I’m so happy to be a part of it, in my tiny little way.”
Los Angeles Zoo General Curator Beth Schaefer advising staff at GRACE.
From D.C. to the DRC
Connecting the dots between gorillas and cell phones involves a stop in Washington, D.C., where conservation efforts may suffer a major setback if the Securities and Exchange Commission (SEC) rolls back protections enacted under the Dodd-Frank Wall Street and Consumer Protection Act.
Signed into law by President Obama in 2010, the Dodd-Frank Act introduced a slew of regulations to the American financial system. Under Section 1502 of the Act, the SEC was directed to require that electronics companies disclose the sources of tantalum, tungsten, tin, and gold used in their products. The goal of the measure was to end the use of “conflict materials” in the U.S. supply chain—and thereby stop our insatiable love of gadgets from funding civil war.
President Trump has pledged to “dismantle” Dodd-Frank, and Section 1502 will be among the likely victims if the SEC acts on his administration’s recommendations.
The Wildlife Conservation Society (WCS) is urging consumers to speak out in support of the Conflict Minerals Rule and demand that manufacturers source minerals through legal and transparent supply chains. You can sign the WCS pledge online at www.wcs.org/get-involved/conflict-minerals-pledge.
Reduce Your Use
According to National Geographic, American consumers upgrade their cell phones every 14 months on average—down from 18 months just a few years ago. The trend isn’t helped by “planned obsolescence”—a strategy employed by manufacturers to compel users to upgrade by frequently changing design, making new accessories incompatible with older models, or otherwise discontinuing support. In addition to recycling our cast-off devices, slowing down consumption would make a big difference.
“People think we live in a disposable society, but we really don’t,” says Haigwood. “All the materials that go into making the things we utilize come from somewhere—and ultimately, it’s from nature.”
“Using devices longer than the electronics company intends you to would reduce pressure on parts of Africa,” adds Ronay. “Our consumers here in the United States have to change, because this is where the pressure is coming from. We need to buy less stuff, and hang on to what we do buy longer. I don’t know where we got away from that as a culture.”
Kahlenberg puts it simply: “The next time you think you need the latest phone upgrade, ask yourself, ‘Is a gorilla’s life worth it?'” ♲
This article originally ran in the Summer 2017 issue of Zoo View, the award-winning quarterly publication of the Greater Los Angeles Zoo Association. A subscription is complimentary with every level of membership.
L.A. Zoo Named Recipient of Association of Zoos and Aquariums’ (AZA) International Conservation Award
Award Recognizes L.A. Zoo’s Collaborative Work With The Gorilla Rehabilitation and Conservation Education Center (GRACE)
The Association of Zoos and Aquariums (AZA), the primary accrediting body for top zoos and aquariums in the United States since 1974, awarded the Los Angeles Zoo the 2016 International Conservation Award for their work with the Gorilla Rehabilitation and Conservation Education (GRACE) Center in the Democratic Republic of Congo (DRC) benefiting Grauer’s gorillas. This national honor, bestowed upon nine AZA-accredited Zoos for their collaborative work with the GRACE program, was awarded to the L.A. Zoo during the 2016 AZA Annual Conference held this past month in San Diego. The annual award recognizes exceptional efforts toward regional habitat preservation, species restoration, and support of biodiversity in the wild.
“My involvement in the GRACE program has allowed me the chance to utilize my skills as an animal manager to help save these gorillas from extinction in their range country and hopefully get them back to the wild one day,” said Beth Schaefer, L.A. Zoo General Curator and Co-Chair of the GRACE Animal Care and Welfare Advisory Group. “To have our accrediting body recognize our hard work with the GRACE Center is a real honor. It’s why zoos are relevant, and it validates the work we do every single day as a zoo.”
All of the orphaned gorillas in the GRACE program were confiscated at an early age from the illegal wildlife trade and cared for by the Congolese staff. But as the gorillas grew older, staff could no longer be as hands-on with the gorillas in their daily interactions. Schaefer, along with staff from six other AZA-accredited zoos, have made several trips to the GRACE Center in the DRC to share their knowledge and techniques for successful gorilla care, medical training, and to consult on building an addition to the night house, a quarantine facility, and a 25-acre forest enclosure, the largest gorilla enclosure in the world.
During Schaefer’s three trips to GRACE, a 48-hour journey by land and air, not only was she able to share captive management techniques the L.A. Zoo animal care staff uses daily to maintain the Zoo’s six western lowland gorillas, but she was also able to assist in the design and execution of GRACE’s 25-acre forest habitat. The enclosure was designed and built to introduce the hand-reared gorillas to a forest mimicking the wild so that they may learn to forage for the first time, be introduced to other native animals, and eventually gain the tools they will need to be reintroduced into their native jungle.
“Rehabilitating critically endangered Grauer’s gorillas is something that has never been done before,” said Dr. Sonya Kahlenberg, GRACE Executive Director. “We depend heavily on zoos like the L.A. Zoo because they are the world’s experts in gorilla care. They work closely with our Congolese staff to give them the skills they need to care for orphan gorillas. I have been so inspired by the level of commitment of our zoo partners. They regularly come out to our very difficult location and help us remotely year-round by serving on advisory groups. More than once, Beth Schaefer has been on the phone in the middle of the night to help our staff coax sick gorillas into taking their medicine! This AZA honor highlights how zoo expertise is directly helping to save gorillas in the wild. We thank the L.A. Zoo for their amazing support of our work in the Congo.”
animal conservationbaby gorillaconservationconservation programselectronics recyclingendangeredGorillaGorilla Rehabilitation and Conservation EducationgorillasGrauer's gorillas
Birds of a Feather (August 27, 2018)
Getting the Lead Out (August 22, 2018)
Conservation Notebook: The Asiatic Lion (August 7, 2018)
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Home » Abe: Abraham Lincoln in His Times
Abe: Abraham Lincoln in His Times
By David S. Reynolds
Ages 18 And Up, Grades 13 And Up
From one of the great historians of nineteenth-century America, a revelatory and enthralling new biography of Lincoln , many years in the making, that brings him to life within his turbulent age
David S. Reynolds, author of the Bancroft Prize-winning cultural biography of Walt Whitman and many other iconic works of nineteenth century American history, understands the currents in which Abraham Lincoln swam as well as anyone alive. His magisterial biography Abe is the product of full-body immersion into the riotous tumult of American life in the decades before the Civil War.
It was a country growing up and being pulled apart at the same time, with a democratic popular culture that reflected the country’s contradictions. Lincoln’s lineage was considered auspicious by Emerson, Whitman, and others who prophesied that a new man from the West would emerge to balance North and South. From New England Puritan stock on his father’s side and Virginia Cavalier gentry on his mother’s, Lincoln was linked by blood to the central conflict of the age. And an enduring theme of his life, Reynolds shows, was his genius for striking a balance between opposing forces. Lacking formal schooling but with an unquenchable thirst for self-improvement, Lincoln had a talent for wrestling and bawdy jokes that made him popular with his peers, even as his appetite for poetry and prodigious gifts for memorization set him apart from them through his childhood, his years as a lawyer, and his entrance into politics.
No one can transcend the limitations of their time, and Lincoln was no exception. But what emerges from Reynolds’s masterful reckoning is a man who at each stage in his life managed to arrive at a broader view of things than all but his most enlightened peers. As a politician, he moved too slowly for some and too swiftly for many, but he always pushed toward justice while keeping the whole nation in mind. Abe culminates, of course, in the Civil War, the defining test of Lincoln and his beloved country. Reynolds shows us the extraordinary range of cultural knowledge Lincoln drew from as he shaped a vision of true union, transforming, in Martin Luther King Jr.’s words, “the jangling discords of our nation into a beautiful symphony of brotherhood.”
Abraham Lincoln did not come out of nowhere. But if he was shaped by his times, he also managed at his life’s fateful hour to shape them to an extent few could have foreseen. Ultimately, this is the great drama that astonishes us still, and that Abe brings to fresh and vivid life. The measure of that life will always be part of our American education.
David S. Reynolds is a Distinguished Professor at the Graduate Center of the City University of New York. He is the author of Walt Whitman’s America: A Cultural Biography, winner of the Bancroft Prize and the Ambassador Book Award. His other books include Beneath the American Renaissance (winner of the Christian Gauss Award), John Brown, Abolitionist, and Mightier than the Sword: Uncle Tom’s Cabin and the Battle for America. He is a regular book reviewer for The New York Review of Books, The New York Times Book Review, and The Wall Street Journal.
Length: 1088 pages
Publisher: Penguin Press
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Motus Holdings Limited (JSE:MTH)
Osman Arbee
Market Cap (AUD): 11.57B
Sector: Consumer Services
Last Trade (AUD): 60.1 -0.4 (-0.66%)
Motus Holdings Limited (JSE:MTH) is South Africa’s leading automotive group. The group is a diversified (non-manufacturing) business in the automotive sector with unrivalled scale and scope in South Africa, a selected international presence primarily in the United Kingdom and Australia, as well as a limited presence in South East Asia and Southern and East Africa.
Motus traces its roots back to 1948, when its founding company Imperial Holdings Limited started as a single motor dealership in Johannesburg. Motus was listed on the Johannesburg Stock Exchange in November 2018, following its unbundling from Imperial Holdings Limited.
Motus offers a differentiated value proposition to Original Equipment Manufacturers, customers and business partners with a fully integrated business model across the automotive value chain through four key business segments:
Import and Distribution
Exclusive South African importer and distributor of Hyundai, Kia, Renault and Mitsubishi vehicles and parts in South Africa.
This business segment operates in South Africa and neighbouring countries with more than 70 000 vehicles imported annually. The group distributes its importer brands in eight countries, namely Botswana, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Zambia, Zimbabwe. The group has the exclusive distribution rights for Nissan in four countries, namely Kenya, Zambia, Tanzania and Malawi.
Retail and Rental
Motus retails vehicles through dealerships based primarily in South Africa, with a selected presence in the UK and Australia.
Car rental, operates through the Europcar and Tempest brands.
The Retail and Rental segment’s unrivalled scale and footprint of strategically located dealerships, largely in growing urban areas, underpins its leading market share in South Africa.
The group provides a consistent superior route-to-market through quality marketing, high levels of customer satisfaction and strategically located dealerships, with a geographic spread in the economic hubs of South Africa. The selected international presence is primarily in the UK and Australia. Motus operates a centralised finance and insurance model across the dealer network, which executes Group financial products and services strategies for the South African businesses.
Financial Services develops and distributes innovative vehicle-related financial products and services through importers, distributors, dealers, finance houses, call centres and digital channels. The segment is also a provider of fleet management services to corporate customers including fleet maintenance, fines management, licensing and registration services.
The Aftermarket Parts business’ large national and growing footprint enables the group to leverage buying power to distribute and sell competitively priced products for the continually growing category of out-of-warranty vehicles.
Operating in Southern Africa and South East Asia through 580+ retail stores (including 94 owned stores), supported by distribution centres in South Africa, Taiwan and China.
The group's international distribution centres in Taiwan and China, allow for procurement at competitive prices as it procures and distributes to South Africa and other developing markets.
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Philip Seymour Hoffman: Why Heroin Is So Deadly
By Bahar Gholipour 03 February 2014
(Image: © Philip Seymour Hoffman via Shutterstock )
A heroin overdose seems to be what ended actor Philip Seymour Hoffman's life yesterday (Feb. 2), just like the lives of many before him. Although news reports say the police are still investigating the circumstances surrounding Hoffman's death, the likely involvement of heroin brings up the question of why the substance is so deadly.
With heroin, it is especially difficult for users to know how much pure drug they have taken, as the drug is mixed with other compounds multiple times before it reaches them.
"It is easy to overdose on heroin, because heroin is a very potent compound, and there's very little regulation over that compound. So when you're taking heroin, you're not 100 percent sure what you're getting," said Dr. Scott Krakower, a psychiatrist at Zucker Hillside Hospital in Glen Oaks, N.Y., who specializes in drug addiction counseling. [10 Easy Paths to Self-Destruction]
Taking too much heroin can quickly become life-threatening because the drug suppresses parts of the brain that control breathing. As a result, breathing slows down or ceases entirely, leading to accumulation of carbon dioxide in the blood and ultimately death.
Another reason heroin takes many victims is that it can be injected, Krakower said. "People either snort heroin, or deliver it intravenously. Both of them are dangerous, but if they were to use heroin intravenously, it's even more dangerous, because it has a faster route into the bloodstream."
People who are alone and have taken too much heroin often pass out and die. Whereas when people use heroin with others, someone else may realize what has happened and call emergency services, Krakower said.
In most heroin overdose cases that are investigated, other substances such as alcohol and cocaine are also found in the person's body. Consuming alcohol, and possibly other substances, while taking heroin has been shown to reduce the amount of heroin required to cause a fatal overdose.
Many heroin users are people who were addicted to prescription pills, Krakower said. It is common for people with other addictions to progress to heroin, because heroin is less expensive and the high is greater, Krakower said. "The high of heroin tends to be more intense than the high of prescription pills, so people try it once and they get hooked."
An autopsy will be conducted on Hoffman to confirm if it was an overdose and reveal the details of what happened to him, according to news reports. But the actor's story of struggle with addiction is similar to what other drug abusers report. Hoffman had been to rehab, but he told news media last year that he had relapsed and started taking prescription pills, and snorting heroin.
"Addiction is ongoing cycle. You have your periods of ups and downs, that's why it's so important to receive treatment even when you are in remission, because you're very vulnerable to relapse," Krakower said.
However, he said, a lot of people do make it, and they stay clean and sober for years. Especially if they attend self-help groups and keep up their own individual treatment."
Email Bahar Gholipour. Follow us @LiveScience, Facebook & Google+. Original article on Live Science.
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Beyond access: Making Indonesia’s education system work
Overview of Indonesia’s education system
Educational performance
Proximate causes of poor educational quality and learning outcomes in Indonesia
The political economy of educational quality and learning outcomes in Indonesia
Implications for Australian education providers
Acknowledgements and disclaimer
Analyses | 21 February 2018
Indonesia’s education system is low in quality and the underlying causes are political.
Andrew Rosser
Indonesia’s education system has been a high-volume, low-quality enterprise that has fallen well short of the country’s ambitions for an “internationally competitive” system.
This outcome has reflected inadequate funding, human resource deficits, perverse incentive structures, and poor management but has most fundamentally been a matter of politics and power.
The political causes of poor education performance include the continued dominance of political, bureaucratic, and corporate elites over the education system under the New Order and the role that progressive NGOs and parent, teacher, and student groups have had in education policymaking since the fall of the New Order, making reform difficult.
Indonesia’s biggest challenge regarding education is no longer improving access but improving quality. The Indonesian Government hopes to develop a ‘world-class’ education system by 2025. However, numerous assessments of the country’s education performance suggest that it has a long way to go before it will achieve that goal. Many Indonesian teachers and lecturers lack the required subject knowledge and pedagogical skills to be effective educators; learning outcomes for students are poor; and there is a disparity between the skills of graduates and the needs of employers.
This Analysis explores the reasons behind these problems and the implications for Australian education providers. It argues that Indonesia’s poor education performance has not simply been a matter of low public spending on education, human resource deficits, perverse incentive structures, and poor management. It has, at its root, been a matter of politics and power. Change in the quality of Indonesia’s education system thus depends on a shift in the balance of power between competing coalitions that have a stake in the nature of education policy and its implementation. This barrier to improved educational performance is likely to limit the scope for Australian education providers to develop closer research linkages with Indonesian universities, offer Australian students more in-country study options in Indonesia, recruit greater numbers of Indonesian students, and establish branch campuses in Indonesia.
Over the past few decades, Indonesia has made great strides in improving access to education. Indonesian children are starting school earlier and staying in school longer than they ever have before. But the country has made relatively little progress in improving educational quality and learning outcomes. Assessments of the country’s education system suggest that it is beset by poor quality tuition, poor learning outcomes, inadequate facilities, and disciplinary problems.[1] The country’s results in international standardised assessments of student achievement have been poor relative to other countries including in Southeast Asia. In December 2014, the then Minister of Education and Culture, Anies Baswedan, declared publicly that the country’s educational performance was so poor and violence within the school system so widespread that the country faced an education “emergency”.[2]
In terms of formal policy and planning, improving the quality of Indonesia’s education system has been a key priority for the Indonesian Government. For more than a decade, Ministry of Education and Culture[3] strategic plans have stated that the country needs to produce “smart and competitive” individuals who can compete successfully for jobs and other opportunities in an increasingly globalised economy if the country is to become economically competitive.[4] Various Indonesian presidents — in particular, President Joko Widodo and his predecessor Susilo Bambang Yudhoyono — have expressed similar ideas in public statements.[5] A number of recent government education plans have envisaged Indonesia’s education system becoming “internationally competitive” by 2025 and, in particular, having increasing numbers of Indonesian universities in the world’s top 500 universities.[6]
Conventional analyses — particularly those produced by international development organisations such as the World Bank, the Organisation for Economic Co-operation and Development (OECD), and the Asian Development Bank (ADB) — have attributed the poor quality of Indonesia’s education system and its difficulties in improving learning outcomes to its proximate causes: inadequate funding, human resource deficits, perverse incentive structures, and poor management. They have recommended that the Indonesian Government increase education funding, improve teacher training, and reform education administration.
However, the country’s problems with education quality and learning have also been, at their root, a matter of politics and power. Indonesia has not just lacked the financial, human resource, and administrative prerequisites for a high-quality education system but, crucially, the underlying political prerequisites. Making Indonesia’s education system ‘work’ — in the sense of achieving higher educational standards and better learning outcomes — therefore requires a fundamental shift in the underlying political and social relationships that have shaped the evolution of Indonesia’s education system to date. Only when a shift in these relationships occurs will measures to improve financing, address human resource deficits, improve educational administration and the like yield results.
This Analysis provides a brief overview of Indonesia’s education system and its achievements in relation to access to education, educational quality, and student learning. It examines the proximate causes of Indonesia’s lack of success in promoting educational quality and better learning outcomes as emphasised in conventional analyses of the country’s education system before then offering an alternative, more politically focused explanation. It also considers the implications of the analysis for Australian education providers and future efforts to improve education quality and learning outcomes in Indonesia.
Indonesia’s education system comprises four levels of education: primary (grades 1–6), junior secondary (grades 7–9), senior secondary (grades 10–12), and higher education. The first two levels constitute ‘basic education’ as that term is used in the Indonesian context. State educational institutions dominate the education system, particularly at primary and junior secondary levels. However, the private sector also plays a significant role, accounting for around 48 per cent of all schools, 31 per cent of all students, and 38 per cent of all teachers.[7] It also accounts for 96 per cent of all higher education institutions (HEIs) and almost 63 per cent of higher education enrolments.[8] The state educational system is mostly non-sectarian although it includes some religious (typically but not only Islamic) schools and HEIs. The private educational system, by contrast, is dominated by religiously oriented schools and HEIs, in particular those associated with Indonesia’s two major Islamic social organisations, Muhammadiyah and Nahdlatul Ulama, although it also includes non-religious commercially oriented institutions especially in higher education. Generally, state educational institutions are considered to be of higher quality than private educational institutions although there is great variation among both public and private institutions.
Responsibility for managing the education system has changed significantly over time. Under the New Order, the regime that ruled Indonesia from 1965 to 1998, education was highly centralised. The Ministry of Education and Culture had primary responsibility for managing all levels of the education system with a number of other central government ministries and agencies also playing significant roles. The most important of these was the Ministry of Religious Affairs, which was responsible for funding state Islamic schools and HEIs and regulating matters related to religious education. In 2001, the central government transferred authority over education policy and management to district-level governments in line with decentralisation, although this shift did not extend to higher education. The Directorate-General of Higher Education within the Ministry of Education and Culture continued to coordinate, supervise, and direct all state and private HEIs while the Ministry of Religious Affairs maintained close oversight of the network of religious HEIs. In October 2014, then newly elected President Joko Widodo removed the Directorate-General of Higher Education from the Ministry of Education and Culture and merged it with the Ministry for Research and Technology, creating a new Ministry for Research, Technology and Higher Education. The Ministry of Education and Culture was left with responsibility for managing primary, junior secondary, and senior secondary education. The Ministry of Religious Affairs retained responsibility for religious schools as well as matters related to religious education.
Indonesia has made enormous progress in improving access to education in recent decades. The New Order invested heavily in building new public schools, especially primary schools, and recruiting teachers during the 1970s and early 1980s when it was awash with petrodollars due to the boom in international oil prices. At the same time, it promoted the expansion of the higher education system by facilitating the establishment and growth of private HEIs. Post-New Order governments have continued to construct new schools (albeit at a much slower rate than during the 1970s and early 1980s), focusing on junior secondary and senior secondary schools, and recruit large numbers of teachers. By 2011, the country had over 200 000 schools and three million teachers (Figures 1–3). They have also continued to facilitate the expansion of private HEIs (Table 1).
Figure 1: School numbers, 1972–1998
Note: Data excludes Islamic schools under the jurisdiction of the Ministry of Religious Affairs
Source: Indonesian Central Bureau of Statistics, https://www.bps.go.id/linkTabelStatis/view/id/1530, accessed 1 July 2017
Figure 3: Teacher numbers, primary and secondary education (millions)
Note: Includes full-time and part-time teachers of both sexes
Source: World Bank, World Development Indicators, https://data.worldbank.org/data-catalog/world-development-indicators
Table 1: Number of higher education institutions in Indonesia
State Religious
Private Religious
Note: Institutes, Colleges, Academies, and Polytechnics have been included from 2002/2003 onwards
Source: Indonesian Central Bureau of Statistics
These efforts to expand the supply of education have intersected with rising income levels, demographic changes, and government efforts to provide free education, all of which have served to increase the demand for education. The result has been a marked increase in student enrolment rates at all levels of the education system. For example, between 1972 and 2015, the country’s gross enrolment rate (the ratio of total enrolment, regardless of age, to the population of the age group that officially corresponds to the level of education shown[9]) increased from 85 per cent to 105 per cent for primary schools, from 18 per cent to 85 per cent for secondary schools, and from 2 per cent to 24 per cent for HEIs (see Figure 4). Importantly, this growth in enrolment is closely associated with increased female participation in education, improving gender equity in the sector. As Figure 5 shows, the country’s gender parity index (GPI) scores for primary, secondary, and tertiary education all improved significantly between 1972 and 2015. The GPI measures the ratio of girls to boys enrolled at the relevant level of schooling in public and private schools.
Figure 4: Gross enrolment rates, %, 1970–2015
Note: Gross enrolment rates can be greater than 100 if students enrol early or late or repeat a grade
Figure 5: Gender parity index – Education, 1970–2015
However, this dramatic improvement in access to education has not been matched by improvements in educational quality and learning outcomes. The few studies of student achievement in primary and secondary school conducted during the New Order suggested that achievement levels were low, improved little if at all over time, and compared poorly to other countries.[10] Indonesia’s performance in international standardised tests of student achievement from 1999–2015 suggest little has changed in these respects since the fall of the New Order. In the most recent iteration of PISA (Programme for International Student Assessment) in 2015, 42 per cent of Indonesian 15 year olds failed to meet minimum standards in all three areas covered by the test: reading, mathematics, and science.[11] At the same time, as Figure 6 shows, Indonesia’s scores on PISA, TIMSS (Trends in International Mathematics and Science), and PIRLS (Progress in International Reading Literacy Study) have improved little over time. This trend has served to cement Indonesia’s place towards the bottom of the list of assessed countries in these tests and behind neighbouring countries such as Malaysia, Vietnam, and Thailand.[12]
Figure 6: Indonesia’s performance in international standardised tests
Mean performance on subject scale
mean_performance_on_subject_scale.png
Source: World Bank, Education Statistics, http://datatopics.worldbank.org/education/wDashboard/dqlearningcnty
Higher education outcomes have been no better. Recent assessments of the country’s higher education system suggest that it continues to produce graduates who lack the skills employers need, in particular, those required for professional and managerial roles.[13] Nor does it “provide the necessary research needed to support innovation”.[14] The quality of research and teaching in Indonesia’s higher education system — even at the country’s best institutions — is generally regarded as poor relative to both global standards and those of neighbouring countries in Asia.[15] According to the World Bank, Indonesian researchers published 16 139 scientific papers between 1996 and 2011, an average of 1000 papers per year, placing the country in 63rd position globally and 11th place within the region.[16] At the same time, as a study of the education system in Indonesia noted, “few researchers based at Indonesian HEIs produce research papers without international cooperation, which suggests limited research capacity”.[17] It is more difficult to judge the quality of teaching at Indonesian HEIs but Ministry of Education and Culture accreditation results provide some insight. In 2012, only 23 per cent of state university undergraduate degree (S1) programs and 4.5 per cent of private university undergraduate degree programs received the maximum grade of A.[18]
With poor-quality research and teaching, few Indonesian universities have ranked in the top 500 in global league tables (see Table 2).
Table 2: Indonesian universities in the top 500 world rankings
QS World University Rankings
University of Indonesia (310)
Institute of Technology, Bandung (461–470)
Institute of Technology, Bandung (331);
Gadjah Mada University (401–410)
Times Higher Education World University Rankings
Academic Ranking of World Universities
Sources: QS, Times Higher Education and ARWU websites
In sum, Indonesia has had great success in getting children into school and keeping them there, at least until the end of the compulsory basic education period (the end of junior secondary school). However, it has had much less success in ensuring that these children receive an education. The country’s education system has been a high-volume, low-quality enterprise that has fallen well short of the “internationally competitive” system Ministry of Education and Culture plans anticipate will emerge in the near future.
In explaining the poor quality of education and learning outcomes in Indonesia, most analysis — in particular, that of international development organisations such as the World Bank, the OECD, and the ADB — points to the effects of four main factors.
The first is the level of government spending on education. Although the New Order government invested heavily in expanding the school system during the oil boom, it cut education spending significantly following the collapse of international oil prices in the mid-1980s.[19] By 1995 it was spending barely 1 per cent of GDP on education, far less than other lower middle-income countries and comparable neighbouring countries (Table 3). Government spending on education has grown markedly since the fall of the New Order and, in particular, since 2002 when the national constitution was amended to require the central and regional governments to spend at least 20 per cent of their respective budgets on education. However, while education spending is now at a level similar to other lower middle-income countries, it is still less than comparable neighbouring countries.
Table 3: Government spending on education, selected years, % of GDP
(IDA and IBRD countries)
All lower middle-income countries
4.09(i)
3.40(ii)
2.65(iii)
4.87(iv)
Notes: (i) 1999 figure; (ii) 2012 figure; (iii) 2009 figure; (iv) 2008 figure
This low level of government investment has undermined education quality in a variety of ways. For example, it has encouraged the growth of low-quality private educational institutions to absorb demand for education not met by public schools and HEIs; limited the state’s ability to pay teachers competitive salaries and, therefore, reduced incentives for high-quality school/HEI graduates to pursue teaching careers; made it difficult for the state to ensure that adequate teaching supplies, textbooks, and facilities are available at the institutional level; and limited the ability of Indonesian HEIs to support research.[20]
The second factor is the quality of Indonesian teachers and lecturers. Prior to 2005, most Indonesian teachers had low-level qualifications with less than 40 per cent holding a four-year bachelor’s degree.[21] At the same time, many teachers lacked the basic subject knowledge and pedagogical skills to be effective educators. In 2012, the central government introduced a competency test for teachers to assess their subject knowledge and pedagogical skills. The almost three million teachers who took the test in 2015 scored on average 53.02, below the designated target of 55.[22] The enactment of Law 14/2005 on Teachers and Lecturers led to the introduction of a teacher certification program that linked generous pay rises to improvements in qualifications and skills. However, numerous studies have shown that this program has had little, if any, positive impact on teacher subject knowledge or pedagogical skills or, indeed, student learning.[23]
The situation has been much the same in higher education. According to the World Bank, more than one-third of Indonesia’s academic labour force has a bachelor’s degree or less.[24] Only about 10 per cent have PhDs. This imbalance is more pronounced in private than public HEIs but is a feature even of the country’s top universities.[25] Domestic production of masters and PhD graduates has “grown steadily” in recent years but has been “too small to provide the amounts of human capital needed for an increased critical mass of qualified instructors and professors”.[26]
The third factor is reward/incentive systems that discourage Indonesian teachers and lecturers from delivering high-quality teaching and, in the case of university academics, high-quality research. Teacher and academic appointments have tended to be made on the basis of loyalty, friendship, and familial connections rather than merit; promotions have tended to occur automatically after staff have met particular administrative requirements rather than on the basis of a track record in delivering high-quality research and teaching; and terminations have been rare even when staff performance is poor.[27] At the same time, low salaries at both public and private educational institutions have encouraged teachers and academics to take on extra work, sometimes of a non-academic nature.[28] The result has been widespread absenteeism in both the school and higher education systems. Recent analysis suggests there has been a significant reduction in absenteeism rates among school teachers over the decade from 2003 to 2013, but that on any given day 10 per cent of teachers are still absent when they are scheduled to be at work.[29]
The fourth factor is poor government management of public educational institutions, in particular excessive government control over their activities. Under the New Order, public educational institutions were formally units within the bureaucracy rather than separate legal entities and their staff were classified as civil servants. They had virtually no managerial or financial autonomy. Decentralisation transferred authority over public schools to district governments but did not change their formal legal status as part of the bureaucracy. In recent years, the central government has endeavoured to give public schools and HEIs greater financial and managerial autonomy including by changing their legal status and, in the case of schools alone, designating some as ‘international standard’. However, for reasons that are outlined below, these endeavours have largely failed. A lack of autonomy has meant that public schools and HEIs have been subject to “too many restrictions and binding rules … to develop at a reasonable pace and in keeping with changing local needs and circumstances”.[30]
The poor performance of Indonesian educational institutions cannot just be explained by the proximate causes outlined above. It also reflects the way that a range of elite actors, including bureaucrats, political leaders, and business people, have often stymied efforts to improve the quality of the education system.[31] Former President Suharto’s New Order was dominated by an alliance of bureaucratic officials and their corporate clients.[32] Unconstrained by the rule of law, these officials were able to sell access to state facilities, licenses, concessions, credit, and positions to enrich themselves and generate resources for patronage purposes. They also spawned the emergence of major domestic business conglomerates, many owned by family or friends of senior bureaucratic figures,[33] the competitiveness of which rested on their political connections. This alliance of forces maintained its political and social dominance under the New Order by securing control over parliament, the bureaucracy, and the courts; restricting opportunities for independent organisations; promoting economic development; lubricating patronage networks; and harshly repressing dissent.
The onset of the Asian Financial Crisis in 1997 weakened the economic base of this alliance by precipitating widespread corporate bankruptcy, increasing the country’s public debt, undermining sources of government revenue, and forcing the government to negotiate a rescue package with the International Monetary Fund. The implosion of the New Order system saw its principal patron, President Suharto, resign from office. However, these developments did not eliminate the role these forces played in politics and business. As Professor Vedi Hadiz has argued, bureaucrats and their corporate allies have been “able to reinvent themselves through new alliances and vehicles” such as political parties.[34] While democratisation has led to increasing separation between political and bureaucratic authority (most obviously manifest in empowered national and regional parliaments) and opened up spaces for new actors to influence policymaking, the bureaucratic and corporate forces that dominated the New Order have largely maintained instrumental control over the state apparatus.
These elements have had little interest in the development of a high-quality education system producing strong learning outcomes. Their interests have been the development of an education system that helps them to accumulate resources, distribute patronage, mobilise political support, and exercise political control rather than one that produces “smart and competitive” Indonesians capable of competing for jobs and other economic opportunities in the global economy. Their focus has accordingly been on expanding the scope or reach of the education system rather than improving its quality. They have also had an interest in limiting the public funding consumed by the education system to ensure that government resources are concentrated in areas of public spending (such as infrastructure) that offer them better opportunities to accumulate rents.
One illustration of this has been a general lack of interest by major business groups and their representative organisations, the Indonesian Chamber of Commerce (KADIN) and the Indonesian Employers’ Association (APINDO), in matters related to education and especially education quality. Indonesian businesses have long complained of difficulty in recruiting skilled local workers to fill professional and management positions. However, their lobbying efforts have tended to focus on promoting more flexible labour regulations and securing various forms of government largesse rather than on education quality.[35]
In 2012, McKinsey Global Institute issued a report on the Indonesian economy that shifted the focus by calling for a range of measures to improve the quality of Indonesia’s education system including, among other things, raising “the standard of teaching with an emphasis on attracting and developing great teachers”.[36] It proposed that the government should increase teacher remuneration, recruit teachers from the top tier of graduates, and improve teacher distribution. Given McKinsey’s prominent position within the business sector, this report may indicate that there has been a change in the business community’s approach to education issues. But such pronouncements have been the exception rather than the rule.
Indonesia’s education system has instead become part of the larger ‘franchise’ structure that was established under the New Order regime and which has endured into the post-New Order period, the key feature of which is the purchase of government positions in exchange for access to the rents they could generate.[37] Prior to the New Order, local community members such as parents played a central role in the management of Indonesian public schools. Early in the New Order period they were pushed aside in favour of bureaucrats who bought their positions at schools in exchange for the opportunity to make money through corruption and fees or were given them as a payoff for support to higher political or bureaucratic officials.[38] Similar dynamics have been at work in public HEIs. Ambitious teachers or academics have accordingly focused on securing senior administrative positions that provide opportunities to supplement their income through corruption or consulting and outside teaching work, rather than upgrading their qualifications, improving the quality of their teaching, or producing traditional research outputs.[39]
At the same time, schools and HEIs have become vehicles through which political elites have mobilised votes at election time and exercised control.[40] Under the New Order, teachers and lecturers who had civil servant status were required to support the ruling Golkar Party, and both take and teach compulsory courses in the state ideology, Pancasila. Teachers were also required to be members of the Indonesian Teachers Union (PGRI), the sole recognised teachers’ trade union.
The collapse of the New Order saw the removal of some of these requirements. However, the PGRI has remained the dominant institution for teacher representation and has remained closely connected to government, especially at the regional level. At the same time, Indonesia’s transition to democracy resulted in fervent competition for teachers’ votes, given their large number and a widespread assumption that one teacher’s vote is worth several because of their family and social networks.[41] So intense is this competition that it is not uncommon for teachers who back losing candidates in elections for regional head to be ‘punished’ by being moved to isolated parts of a region.[42] As Kompas has reported:
"In a number of regions, teachers and school principals have begun being involved as members of candidates’ success teams in regional head elections. If the supported candidate wins, the school principals’ terms will be extended. On the other hand, school principals who support losing candidates are directly transferred to remote areas or demoted for no apparent reason."[43]
Another reason for the poor performance of Indonesian schools and HEIs has been the role played by public actors including progressive NGOs,[44] student organisations, independent teacher unions,[45] parents’ groups, and nationalist intellectuals concerned about education.[46] These groups have promoted an education agenda that combines rights-based approaches to development, a concern to protect the state school sector from market-oriented reform, and nationalist perspectives. Their key policy concerns have been to promote citizens’ rights of access to education, ensure equality, and build national identity and resilience through the education system — although the relative emphasis placed on these elements varies. The transition to democratic rule increased the scope for these forces to influence government policy by removing key obstacles to political organisation, opening up new entry points into the policymaking process, and creating an incentive for politicians and political parties to promote redistributive policies for electoral reasons.[47]
To the extent that the Indonesian Government has sought to enhance education quality in the post-New Order period it has done so primarily through the adoption of reforms aimed at enhancing corporatisation, accountability, and competition in the education sector. During the New Order, government technocrats and their allies in the donor community exercised little influence on education policy. However, the Asian Financial Crisis increased their leverage by increasing the Indonesian Government’s need for foreign aid and private investment. This allowed technocrats to introduce a range of education reforms that emphasised more autonomy for educational institutions, academic freedom, and openness to investment by foreign educational institutions. These reforms were, however, fiercely resisted by both those parts of the bureaucracy and corporate sector that were profiting from the old system as well as the public actors mentioned above, newly empowered by Indonesia’s transition to democracy. This clash between reformers and those forces resistant to change left the country without a viable strategy for improving the quality of the education system.
One example of the impact of this deadlock was the Education Legal Entities (Badan Hukum Pendidikan) Law in 2009. This law, which was the product of a World Bank-funded project called Managing Higher Education for Relevance and Efficiency, changed the legal status of all schools and HEIs in Indonesia to autonomous bodies called ‘educational legal entities’. The underlying philosophy of the law was that educational institutions needed not just academic freedom but also managerial and financial autonomy in order to improve educational standards and quality. Well-connected elements — specifically the owners of private HEIs — mobilised in opposition to the law because of fear that the change in legal status would mean they had less control over their HEIs and the revenues they generated. Public groups — especially university student organisations, human rights and anti-corruption NGOs, independent teacher associations, and parents’ groups — also mobilised against the law. In their case, the concern was that greater autonomy for public HEIs and public schools would entail higher fees at these institutions and reduced access for the poor. They argued that the law promoted the ‘commercialisation’ or ‘privatisation’ of education.[48] In 2010, these groups, working in alliance with an organisation representing corporate owners of private HEIs, successfully challenged the law in the Constitutional Court resulting in its annulment.[49]
The government responded to this decision by enacting a new higher education law two years later that offered a broader array of options in terms of the legal status of HEIs. Since the enactment of this new law, eleven public HEIs have been granted a change in legal status to ‘legal entity’, roughly akin to the education legal entities created by the 2009 law. However, efforts to promote better education quality and learning outcomes through changes to the legal status of these institutions were otherwise effectively stymied.
A second case that illustrates the political obstacles to technocratic and donor efforts to promote better education quality and learning outcomes was the government’s policy on ‘international standard schools’ (Sekolah Bertaraf Internasional) introduced in 2009. Under this policy, schools designated as ‘international standard’ were required to, among other things: follow curricula used in OECD or other developed countries; use information and communication technology (ICT) and English in the delivery of these curricula; and only enrol students who have met minimum academic requirements.[50] In exchange for fulfilling these requirements, schools were granted generous routine and additional funding and given permission to charge fees in contrast to regular schools that had to adhere to the government’s policy of free basic education. The objective of the policy was to create a small set of high-quality schools delivering a world-class education to the country’s best and brightest. In practice, however, it created a two ‘caste’ educational system in which only those with the ability to pay gained access to an international standard education, threatening equity.[51]
The policy on international standard schools attracted opposition from a range of public groups including anti-corruption activists, education activists, trade unionists, and parents. In 2012, lawyers at Indonesia Corruption Watch, a Jakarta-based NGO active in relation to the issue, with support from other NGOs and parents’ groups launched a case challenging the constitutionality of the establishment of the schools. In January 2013, the Constitutional Court ruled in their favour, ending the international standard schools policy.
Perhaps most importantly, political resistance to reform also derailed efforts to implement a new teacher certification program in a way that served to enhance teacher quality. This program was established following recommendations by a World Bank–Bappenas Task Force in the late 1990s that the government link future pay raises for teachers to improvements in teacher skills and knowledge and PGRI demands to introduce new legislation in order to improve teacher welfare.[52] As noted earlier, the program entailed generous pay rises for teachers who could demonstrate competency with regards to subject knowledge and pedagogical skills but has thus far had little, if any, positive impact in this respect or in terms of student learning.
One of the reasons for its limited impact is that the competency component of the program was effectively removed in the face of fierce opposition from the PGRI and independent teacher unions which saw this component as a threat to increased pay for many of their members — something they saw as a ‘right’. Led by the PGRI, they lobbied the national parliament — which had control over the budget for implementation of the competency tests — to have this element of the model thrown out, presumably threatening to mobilise the teacher vote against politicians who stood in their way. A compromise system that involved preparation of teacher portfolios and a 90-hour training program proved to be problematic in practice as corrupt behaviour on the part of teachers, education agency officials, and staff at teacher education institutions undermined both forms of assessment.[53]
These political dynamics and their effects have important implications for Australian education providers, especially universities and vocational education and training (VET) providers, both of which are heavily engaged in international education. In recent decades, Australian universities and VET providers have sought to improve the quality of their offerings, enhance competitiveness, and maintain financial viability. They have done this by, among other things, attracting international students, creating new overseas study opportunities for Australian students, forging international research linkages, and establishing overseas campuses. However, political obstacles to improved education quality and reform in Indonesia impose constraints on the extent to which they can pursue these endeavours through engagement with Indonesia.
International students: Australian universities and VET providers have been extremely successful in attracting full fee-paying international students in recent years including from Indonesia. In 2017, Indonesia ranked ninth as a source of international students in Australia, accounting for 2.5 per cent of total international student enrolments.[54] However, given Indonesia’s proximity and population size, enrolments have been lower than might be expected. This has in part reflected the fact that Indonesians have a lower capacity to pay for international education than people in wealthier countries. But it is also due to the lower quality of Indonesian graduates: with weak academic skills, prospective Indonesian students have often found it difficult to meet entry requirements at Australian universities and VET providers, especially English language proficiency requirements. If Indonesia is unable to resolve the political challenges surrounding education quality, Australian universities and VET providers will likely continue to look elsewhere in recruiting international students, although there may be greater scope for VET providers to recruit Indonesian students given their generally lower entry requirements.
Overseas study opportunities for Australian students: Although Australian students at Australian universities and VET providers are increasingly spending time overseas as part of their studies, only a small number choose to study at Indonesian educational institutions. The reasons for this are complex but relate in part to negative perceptions among Australian students about the quality of Indonesian educational institutions. Continued inability on Indonesia’s part to resolve the political challenges surrounding educational quality is therefore likely to limit the extent to which Australian universities and VET providers can grow Indonesian study options. The Australian Consortium for In-country Indonesian Studies, a major provider of Indonesia-based study programs for Australian university students, has experienced solid demand for its in-country language and short course practicum-based programs in professional and applied fields in recent years, in the latter case because these tap into growing student demand for work-integrated learning opportunities. It is possible that such programs will continue to grow in future. However, it is harder to see Australian universities and VET providers investing significant resources in the development or expansion of regular, classroom-based study options outside language training in the absence of significant improvements in education quality.
Research linkages: In recent years, Australian universities have dramatically expanded collaborative research endeavours with foreign HEIs, particularly in the Asia-Pacific.[55] However, there has been little collaboration with Indonesian HEIs because of the limited scope for it to produce high-quality research outcomes. As long as Indonesian HEIs lack the capacity to produce world-class research, Australian universities will have little incentive to engage in joint research activities except through Australian Government initiatives specifically aimed at funding such activities such as the Australia–Indonesia Centre.
Overseas campuses: Indonesia’s higher education law allows foreign universities to operate in Indonesia on the condition that they collaborate with Indonesian partners and meet various other conditions. However, no Australian university has so far established a campus in Indonesia. This is because the Indonesian Government has baulked at passing regulations implementing the relevant provisions of the higher education law in the face of strong political opposition from HEIs and public actors — opposition that has been part of the wider resistance to market-oriented education reform discussed above. In November 2017, President Joko Widodo stated that he wished to see foreign universities operating in Indonesia. One month later Vice-President Jusuf Kalla said that the government intended to allow them to do so.[56] Muhammad Nasir, Indonesia’s Research, Technology and Higher Education Minister, confirmed the apparent change in direction in late January 2018, noting that a set of leading foreign universities had already expressed interest in establishing campuses.[57] But it remains to be seen whether they ultimately act on these intentions, how long it might take them to do so, and whether any resulting regulatory changes impose unworkable restrictions on foreign universities. Nasir has already indicated that it will not be open slather for foreign universities; they will be required to partner with domestic private universities and the Indonesian Government will determine what they teach and where they build their campuses.
This Analysis examined the reasons why Indonesia has so far failed to develop a high-quality education system capable of producing strong learning outcomes. It argued that this outcome has not simply been a matter of inadequate funding, human resource deficits, perverse incentive structures, and poor management. It has fundamentally been a matter of politics and power. Specifically, it reflects the dominance of political, bureaucratic, and corporate elites during the New Order and their continued control over the state apparatus in the post-New Order period, including the education bureaucracy and public educational institutions. It also reflects the fact that public groups such as progressive NGOs and parent, teacher, and student groups have had greater opportunity to participate in education policymaking since the fall of the New Order, making reform more difficult.
The implication of this argument is that improved educational quality and learning outcomes in Indonesia require more than just better resourcing for schools and HEIs, and better teacher training programs. It requires more than policies providing for institutional autonomy and decentralisation of managerial responsibility — the sorts of interventions that have been the focus of technocratic and donor-sponsored education policy reforms over the past two decades. It also requires a fundamental shift in the underlying political and social relationships that have characterised Indonesia’s political economy and shaped the evolution of its education system. In the absence of such a shift, interventions aimed at promoting educational quality are likely to be stymied by political and social forces opposed to reform, for either ideological or material reasons.
The outcome has implications for Australia as well as Indonesia and, in particular, for the internationalisation of Australia’s education system. Given the importance of Australia’s broader relationship with Indonesia, Australia has a strong interest in the development of strong educational links between the two countries. Such links are unlikely to emerge, however, unless Indonesia is able to resolve the political barriers to improved educational quality that it currently faces.
I wish to thank Anthony Bubalo, Matthew Busch and Lydia Papandrea, and three anonymous reviewers for very helpful comments on an earlier draft of this paper.
The Lowy Institute acknowledges the support of the Victorian Department of Premier and Cabinet for this Analysis.
The views expressed in this Analysis are the author’s own and not those of the Lowy Institute, University of Melbourne or the Victorian Department of Premier and Cabinet.
Andrew Rosser is Professor of Southeast Asian Studies at the University of Melbourne. After completing undergraduate degrees in Commerce and Asian Studies at the University of Adelaide and Flinders University, respectively, he enrolled in a PhD in Asian Studies/Politics and International Studies at Murdoch University. Based in the Asia Research Centre, his research there focused on analysing the politics of economic liberalisation in Indonesia during the New Order and early post-New Order periods and the causes and consequences of the 1997–1998 Asian Financial Crisis. He subsequently worked at the University of Sydney, AusAID, the Institute of Development Studies (Sussex), and the University of Adelaide, building an interest in the political economy of development, policy-oriented research, and social policy. Between 2012 and 2015, he was an Australian Research Council Future Fellow, carrying out research on the relationship between law, politics and social rights in Indonesia.
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[1] See, for example, OECD and ADB, Education in Indonesia: Rising to the Challenge (Paris: OECD Publishing, 2015); Daniel Suryadarma and Gavin Jones eds, Education in Indonesia (Singapore: Institute of Southeast Asian Studies, 2013); and Elizabeth Pisani, “Apparently, 42% of Young Indonesians Are Good for Nothing”, Indonesia Etc.: Exploring the Improbable Nation, 8 December 2016, http://indonesiaetc.com/apparently-42-of-young-indonesians-are-good-for-nothing/.
[2] Anies Baswedan, “Gawat Darurat: Pendidikan di Indonesia”, presentation to education agency heads, Jakarta, 1 December 2014, https://www.slideshare.net/tridamayantho/paparan-menteri-anis-baswedan-gawat-darurat-pendidikan-di-indonesia.
[3] The name of the ministry responsible for education has changed a number of times in recent years. For the sake of simplicity, I refer to it as the Ministry of Education and Culture throughout except when citing official documents. In the latter case, I use the name of the ministry at the time.
[4] See, for example, Department of National Education, Rencana Strategis Departemen Pendidikan Nasional 2005–2009 (Jakarta: Department of National Education, 2005), 36–38; Ministry of Education and Culture, Rencana Strategis Kementerian Pendidikan dan Kebudayaan 2010–2014 (Jakarta: Ministry of Education and Culture, 2013), 37–38; and Ministry of Education and Culture, Rencana Strategis Kementerian Pendidikan dan Kebudayaan 2015–2019 (Jakarta: Ministry of Education and Culture, 2015), 32.
[5] See, for example, Ray Jordan, “Resmikan SMA di Malang, Jokowi: SDM Kita Harus Mampu Bersaing”, detikNews, 3 June 2017, https://news.detik.com/berita/d-3519032/resmikan-sma-di-malang-jokowi-sdm-kita-harus-mampu-bersaing; Ahmad Romadoni, “Jokowi: Anak-Anak Harus Sekolah Agar Bisa Bersaing”, Liputan6 News, 8 May 2017, http://news.liputan6.com/read/2944088/jokowi-anak-anak-harus-sekolah-agar-bisa-bersaing; and Susilo Bambang Yudhoyono’s twitter feed, 21 February 2015, https://twitter.com/sbyudhoyono/status/569267725941362689.
[6] Department of National Education, Rencana Strategis Departemen Pendidikan Nasional 2005–2009, 36–38, 52; Ministry of Education and Culture, Rencana Strategis Kementerian Pendidikan dan Kebudayaan 2010–2014, 43; Ministry of Research, Technology and Higher Education, Rencana Strategis Kementerian Riset, Teknologi dan Pendidikan Tinggi (Jakarta: Ministry of Research, Technology and Higher Education, 2015), 34.
[7] World Bank, Transforming Indonesia’s Teaching Force, Volume II (Jakarta: World Bank, 2010), 3.
[8] Ministry of Research, Technology and Higher Education, Laporan Tahunan 2015 (Jakarta: Ministry of Research, Technology and Higher Education, 2015), 51.
[9] The GER can be greater than 100 if students enrol early or late or repeat a grade.
[10] See World Bank, Education in Indonesia: From Crisis to Recovery (Jakarta: World Bank, 1998), 23–24 for a brief summary of these studies.
[11] Pisani, “Apparently, 42% of Young Indonesians Are Good for Nothing”.
[12] Baswedan, “Gawat Darurat: Pendidikan di Indonesia”. For a ranking of countries by PISA 2015 results, see OECD (2015) “Country Note: Programme for International Student Assessment (PISA) Results from PISA 2015: Indonesia”, https://www.oecd.org/pisa/PISA-2015-Indonesia.pdf.
[13] OECD, Southeast Asian Economic Outlook 2011/12 (Paris: OECD, 2012), 88–89; Siwage Negara et al, Indonesia’s Higher Education System: How Responsive Is it to the Labor Market? (Jakarta: World Bank, 2014), 31.
[14] OECD, Southeast Asian Economic Outlook 2011/12, 89; see also Hal Hill and Thee Kian Wie, “Indonesian Universities: Rapid Growth, Major Challenges”, in Daniel Suryadarma and Gavin Jones eds, Education in Indonesia (Singapore: Institute of Southeast Asian Studies, 2013), 160–179; and Anthony Welch, “Blurred Vision? Public and Private Higher Education in Indonesia”, Higher Education 54, No 5 (2007), 665–687.
[15] Hill and Wie, “Indonesian Universities: Rapid Growth, Major Challenges”, 161; OECD and ADB, Education in Indonesia: Rising to the Challenge, 213.
[16] World Bank, Tertiary Education in Indonesia: Directions for Policy (Jakarta: World Bank, 2014), 36.
[17] Education Sector Analytical and Capacity Development Partnership, Overview of the Education Sector in Indonesia 2012: Achievements and Challenges (Jakarta: Ministry of Education and Culture, 2013), 81, https://s3-ap-southeast-1.amazonaws.com/dev-rekapin/download/collection/85-Overview-of-the-Education-Sector-in-Indonesia-2012-Achievements-Challenges.pdf .
[18] Ibid, 80.
[19] World Bank, Education in Indonesia: From Crisis to Recovery, 148.
[20] Ibid, 25, 35; Mae Chu Chang et al, Teacher Reform in Indonesia: The Role of Politics and Evidence in Policy Making (Washington DC: World Bank, 2014), 16–24; OECD and ADB, Education in Indonesia: Rising to the Challenge, 197–198.
[21] Chang et al, Teacher Reform in Indonesia, 18.
[22] “Rata-rata Nilai UKG di Bawah Standar”, Okezone News, 30 December 2015, https://news.okezone.com/read/2015/12/30/65/1277618/rata-rata-nilai-ukg-di-bawah-standar.
[23] See Chang et al, Teacher Reform in Indonesia; and World Bank, Indonesia: Teacher Certification and Beyond, Report No 94019-ID (Jakarta: World Bank, 2015). See the section on the ‘Political economy of educational quality and learning outcomes in Indonesia’ for a discussion of the reasons underlying this result.
[24] World Bank, Tertiary Education in Indonesia, 35.
[25] Teguh Yudo Wicaksono and Deni Friawan, “Recent Developments in Higher Education in Indonesia: Issues and Challenges”, in Shiro Armstrong and Bruce Chapman eds, Financing Higher Education and Economic Development in East Asia (Canberra: ANU E-press, 2011), 171.
[27] Ibid, 43; Andrew Rosser and Mohamad Fahmi, The Political Economy of Teacher Management in Decentralised Indonesia, World Bank Policy Research Working Paper No 7913, December 2016.
[29] Phillip McKenzie et al, “Study on Teacher Absenteeism in Indonesia 2014”, Jakarta, Education Sector Analytical and Capacity Development Partnership, December 2014.
[30] OECD and ADB, Education in Indonesia: Rising to the Challenge, 211.
[31] This section draws on several of my earlier papers including Andrew Rosser and Anuradha Joshi, “From User Fees to Fee Free: The Politics of Realising Free Basic Education in Indonesia”, Journal of Development Studies 49, No 2 (2013), 175–189; Andrew Rosser and Jayne Curnow, “Legal Mobilisation and Justice: Insights from the Constitutional Court Case on International Standard Schools in Indonesia”, The Asia Pacific Journal of Anthropology 15, No 4 (2014), 302–318; Andrew Rosser, “Law and the Realisation of Human Rights: Insights from Indonesia’s Education Sector”, Asian Studies Review 39, No 2 (2015), 194–212; Andrew Rosser, “Neoliberalism and the Politics of Higher Education in Indonesia”, Comparative Education 52, No 2 (2016), 109–135; and Rosser and Fahmi, The Political Economy of Teacher Management.
[32] Richard Robison, Indonesia: The Rise of Capital (Sydney: Allen and Unwin, 1986); and Andrew Rosser, The Politics of Economic Liberalisation in Indonesia: State, Market and Power (Richmond: Curzon Press, 2002).
[34] Vedi Hadiz, “Reorganizing Political Power in Indonesia: A Reconsideration of So-called ‘Democratic Transitions’”, Pacific Review 16, No 4 (2003), 593.
[35] Debnath Guharoy, “Without Quality Education, the Country Will Change Fundamentally”, Jakarta Post, 4 March 2008.
[36] McKinsey & Company, “The Archipelago Economy: Unleashing Indonesia’s Potential”, September 2012, 8, https://www.mckinsey.com/~/media/mckinsey/global%20themes/asia%20pacific/the%20archipelago%20economy/mgi_unleashing_indonesia_potential_executive_summary.ashx.
[37] Ross McLeod, “Soeharto’s Indonesia: A Better Class of Corruption”, Agenda 7, No 2 (2000), 99–112.
[38] Ade Irawan Eriyanto, Luky Djani and Agus Sunaryanto, Mendagangkan Sekolah (Jakarta: Indonesia Corruption Watch, 2014), 50.
[39] William Cummings, “Pendidikan Tinggi dan Masyarakat Indonesia”, Prisma 2 (1981), 39–40; Nirwan Idrus, “Towards Quality Higher Education in Indonesia”, Quality Assurance in Education 7, No 3 (1999), 136; Heru Nugroho, “The Political Economy of Higher Education: The University as an Arena for the Struggle for Power”, in Vedi Hadiz and Daniel Dhakidae eds, Social Science and Power in Indonesia (Singapore and Jakarta: ISEAS and Equinox, 2005), 155.
[40] Jim Schiller, “The 1997 Indonesian Elections: ‘Festival of Democracy’ or ‘Costly Fiction’”, University of Victoria Occasional Paper No 22, May 1999, 11; Christopher Bjork, “Local Responses to Decentralization Policy in Indonesia”, Comparative Education Review 47, No 2 (2003), 192–193; Aisy Ilfiyah, Febri Hendri, Rasyid Rasiki and Rudi Yudhistira, “Kegagalan Pemerataan Guru: Evaluasi SKB 5 Menteri Tahun 2011 Tentang Penataan dan Pemerataan Guru PNS di Indonesia”, Indonesia Corruption Watch, February 2015.
[41] “Schools In”, The Economist, 11 December 2014, https://www.economist.com/news/asia/21636098-indonesias-schools-are-lousy-new-administration-wants-fix-them-schools.
[42] Ilfiyah et al, “Kegagalan Pemerataan Guru”, 28.
[43] “Penetapan Kepala Sekolah Dipolitisasi”, Kompas, 18 June 2011.
[44] The most important of these have been Indonesia Corruption Watch (ICW) (a prominent Jakarta-based anti-corruption NGO), the Education Coalition (an organisation bringing together various parents’ groups, NGOs and trade unions), the Institute for Policy Research and Advocacy (ELSAM) (a prominent Jakarta-based human rights NGO), the Yogyakarta Local Ombudsman (LOD DIY), the Center for Human Rights Studies at Yogyakarta’s Indonesian Islamic University (Pusham UII), the Institute for Education Reform (an advocacy group based at Paramadina University), the Indonesian Teachers Association (IGI) (a professional teacher organisation), and the Jakarta Legal Aid Bureau (LBH Jakarta).
[45] Independent teacher unions include Indonesian Independent Teachers’ Forum (FGII), the Independent Teachers Action Forum (FAGI), and the Indonesian Teachers Union Federation (FSGI). Such unions are ‘independent’ in the sense that they are not associated with the PGRI.
[46] Key figures include Professor HAR Tilaar, Winarno Surakhmad, and Professor Soedijarto, all of whom are based at Universitas Negeri Jakarta, a prominent teacher training college; and Darmaningtyas, an NGO activist who is associated with Taman Siswa, a nationalist education movement that played a key role in Indonesia’s struggle for independence.
[47] Andrew Rosser, Kurnya Roesad and Donni Edwin, “Indonesia: The Politics of Inclusion”, Journal of Contemporary Asia 35, No 1 (2005), 53–77.
[48] See Ade Irawan, “Ancaman RUU Badan Hukum Pendidikan”, Seputar Indonesia, 18 September 2007; and Darmaningtyas, Edi Subkhan and Ismail Fahmi-Panimbang, Tirani Kapital Dalam Pendidikan: Menolak UU BHP (Badan Hukum Pendidikan) (Yogyakarta: Pustaka Yashiba and Damar Press, 2009).
[49] Mahkamah Konstitusi, Putusan Nomor 11-14-21-126 dan 136/PUU-VII/2009 (Jakarta: Mahkamah Konstitusi, 2010), 371–404.
[50] Minister of Education Regulation 78/2009 on the Implementation of International Standard Schools in Primary and Secondary Education, Articles 4, 5, 6, 10, 16 and 20.
[51] Rosser and Curnow, “Legal Mobilisation and Justice”.
[52] Fasli Jalal and Bachrudin Musthafa eds, Education Reform in the Context of Regional Autonomy: The Case of Indonesia (Jakarta: Ministry of National Education and National Development Planning Agency, 2001), 152.
[53] Rosser and Fahmi, The Political Economy of Teacher Management, 33–35.
[54] See Department of Education and Training, “International Student Data”, https://internationaleducation.gov.au/research/International-Student-Data/Pages/InternationalStudentData2017.aspx#Pivot_Table.
[55] Ali Radloff, Mapping Researcher Mobility: Measuring Research Collaboration Among APEC Economies (Singapore: APEC Secretariat, 2017), 21–26.
[56] Christie Stefanie, “Pemerintah Ingin Universitas Asing Buka Cabang di Indonesia”, CNN Indonesia, 22 December 2017, https://www.cnnindonesia.com/nasional/20171221143924-20-264032/pemerintah-ingin-universitas-asing-buka-cabang-di-indonesia.
[57] Michael Walsh and Iffah Arifah, “Indonesia Opens Up to Foreign Universities, Has its Eyes on Top Australian Schools”, ABC News, 31 January 2018, http://www.abc.net.au/news/2018-01-31/indonesia-opens-up-to-foreign-universities/9374690.
Top image: Asian Development Bank (flickr)
Unregulated population migration and other future drivers of instability in the Pacific
By Rita Parker
Instability in the Pacific Islands: A status report
By Stewart Firth
Trump, Kim and the North Korean nuclear missile melodrama
By Euan Graham
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From left to right: Garrick Anderson, Ceanna Hayes, Madeline Peltzer, Iruoma Ezumba, Justin Witt, Emma Eisenman, Jacob Householder, Alina Malkowski, Hannah Wing and Aaron Lehman.
The Mackinac Center would like to welcome and introduce its interns for 2019.
Returning to Mackinac for a second internship, Aaron Lehman has joined the environmental policy staff this summer. Lehman is a sophomore at Grove City College, where he is pursuing a degree in general biology, studying philosophy and Greek, and serving as the president of the Sign Language Club.
Alina Malkowski is helping with events and serving as the Overton intern. She is a junior at Central Michigan University, studying dietetics. Malkowski is a Michigan native who loves to travel and admire the Great Lakes State.
Ceanna Hayes, who is in an internship program of the Charles Koch Institute, has joined the communications team at the Mackinac Center for the summer. A sophomore at Hillsdale College, she is studying politics and serves as the vice president of Hillsdale’s branch of Young Americans for Freedom. She aims to work in energy and environmental policy after she graduates.
Fiscal intern Chase Slasinski is joining Mackinac for his third summer. He is double-majoring in economics and political theory at the James Madison College of Michigan State University and is considering law school.
Emma Eisenman is a research intern, working on criminal justice policy, and a junior at Hillsdale College, where she studies German and international law. She is a member of the school’s Mock Trial team and chapter of the Federalist Society, and serves as vice president of the German honor society, Delta Phi Alpha. Eisenman hopes to work in the German embassy in Washington, D.C., after college.
In his third summer at Mackinac, Garrick Anderson is working on environmental policy. He is studying philosophy at Thomas Edison State University. This fall, he will begin his eighth year of being involved in Christian Communicators of America, a homeschool debate league. Anderson will be a coach in the league for his third year.
Hannah Wing is the second Charles Koch intern this summer. A senior economics major at Hillsdale College, she is working in education policy. She hopes to study economics in graduate school.
Iruoma Ezumba has joined the communications team for the summer. She earned her undergraduate law degree at Obafemi Awolowo University in Ile-Ife, Nigeria. Ezumba worked as an attorney and in the financial sector for 10 years before coming to the U.S. She is currently a graduate student at Central Michigan University, studying communications.
SPN fellow Jacob Householder is joining Mackinac’s advancement department for the summer. He is a senior at Brigham Young University-Idaho, studying financial economics. Householder plans to work at the Madison Liberty Institute after graduation and intends to apply what he learns about development here at Mackinac.
Justin Witt is joining the advancement team this summer and will enter his freshman year at the University of Notre Dame this fall. He hopes to study business and is interested in politics and global affairs. Witt also founded the nonprofit Storybox Books, which promotes literacy and educational opportunities around the globe.
Madeline Peltzer is joining the Mackinac Center as this summer’s Capitol Confidential intern. She is a junior at Hillsdale College, pursuing a degree in politics with a minor in journalism. Peltzer is the vice president of the Student Federation, a Dow Journalism Program fellow, an assistant news editor of the Hillsdale Collegian, and the founder and president of Hillsdale’s chapter of Young Women for America.
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Hendon - flat fire
https://www.london-fire.gov.uk/incidents/2016/april/hendon-flat-fire/
Four fire engines and 21 firefighters and officers are tackling a flat fire on Century Close in Hendon.
Part of a flat on the second floor was damaged by the blaze. An elderly woman heard her smoke alarm sounding and quickly left the flat. A further 15 people from neighbouring flats also evacuated the building.
Station Manager Sean Madeley said:
"The elderly lady has done exactly the right thing after hearing her smoke alarm sound which is to get out as quickly as possible. She was checked over by London Ambulance Service crews but has not been taken to hospital.
"Our advice is to have a working smoke alarm on every level of your home and the safest option is have the alarms linked together. This will give the earliest warning if there is a fire in your home."
Fire crews from Hendon and West Hampstead fire stations are at the scene. The Brigade was called at 1300 and the fire was under control by 1422. The cause of the fire is under investigation.
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Scott Pilgrim: Is it Twilight for guys?
|In Blog, On Movies & Media
Here comes Scott Pilgrim vs. the World.
I’ve been curious about it, but then a critic put into words the very problem that has made me suspicious.
That critic is MaryAnn Johanson.
At artsandfaith.com, Jason Morehead quoted Johanson on the new Edgar Wright movie Scott Pilgrim vs. the World:
I know, I know: It’s all supposed to be “funny” and “cute” and “lighthearted.” But for as long as “women as trophies, as prizes for men who do heroic deeds” has been an unfortunate trope of Hollywood, a movie has never been this blatant, this outrageous, this nonchalant about it. And while there’s lots that is indeed funny and cute and lighthearted … there is no sense of satire in the unmetaphoric winning of Ramona. All the style is nothing but a would-be “sweet” metaphor for men treating women as property… and woman acquiescing to being treated that way.
If this is true, Scott Pilgrim is really going to bother me.
In this season of “Team Edward” versus “Team Jacob,” one of the oldest and most revolting conventions of storytelling is going strong: The idea that the search for love is a battlefield where warriors must best one another in the contest for a mate. This reduces the realm of relationships to a nature documentary, insulting the intelligence of women by making them spectators, or worse, trophies. And it does young men a disservice by making them equate manhood with aggression and physical strength.
From the get-go, the trailers and book summaries for Scott Pilgrim have bothered me. If any girl had ever said to me, “I like you, but you’ll have to fight my ex-boyfriends and suitors to get me,” I’d have walked away at once. Relationships aren’t a competition or a game.
But then, another artsandfaith.com regular – Jason Panella – responded with a quote from Edgar Wright himself:
I tried to make it seem … like an unreliable narrator. In film, I like this idea that [Scott Pilgrim is] the hero of the movie inside his own head. A life of gaming brought him up to be somebody — he’s not selfish, but he’s definitely kind of thoughtless. He’s the hero of his own story, and he’s quite single-minded. In the film, he doesn’t think about the feelings of the characters around him, or the consequences of some of his actions. He sort of views Ramona like she’s a shiny object in a game. I like the fact that the movie is about, to some extent, him getting his comic comeuppance.
So, I’m eager to see the movie.
Does it reinforce the idea that women are trophies that men must do battle to win? Or does it expose the folly of that perspective?
Will the film encourage mature relationships between the sexes, or affirm the unhealthy conventions that men should compete for a chance to own and exploit beautiful damsels in distress?
Jason Morehead
I haven’t seen the movie yet — I really hope to see it opening day — but I have read the comic books, and there’s definitely some deconstruction going on. Sure, the books are drenched in video game nostalgia, and at least early on, it’s treated for laughs and comic relief (and does so quite well). However, as the comics progress, one of the key themes is that if he wants to get the girl, defeating the evil exes may be necessary, but it isn’t going to be enough. He’s going to need to “grow up” and realize the consequences of his thoughtlessness.
Taylor Roark
I see what those quotes might be trying to say, however, when I saw the movie, those ideas about women being trophies never crossed my mind. In fact, the ending suggests that he didn’t see her that way, as he hesitates to even pursue the relationship any further. In my opinion, Pilgrim’s character never suggests that he wants to fight off the exes just so he can win his woman trophy.
As far as the relationship aspect, the only thing that concerned me is the idea of dating just to date and having sex just to see where the relationship could go…But obviously, most films have a very non-Christian view of romantic relationships.
Having seen it already, I can’t understand how Johanson could reach such a conclusion:
1. Ramona (Scott’s love interest) is never treated as a trophy. In fact, her character is just as developed as Scott’s. Plus, Scott isn’t battling the Seven Evil Exes to put her on display; he’s doing it because he, at one point, convinces himself that he loves her. He’s the vulnerable boy. She’s the less vulnerable woman.
2. As Wright said, Scott’s intentions are definitely questionable, which is clearly what’s being satirized: the selfish, immature false concept of love that Johanson claims the movie is promoting.
Read my review this Friday at Dallas Morning News.
Lauren Wilford
You read MaryAnn Johanson? I think she’s great, and she really has a wonderful eye for the women in the movies.
“Damsel in distress” has been here as long as we remember, but maybe illustrating that plot in the most postmodern of mediums will finally rub us the wrong way.
Johanson also makes the point that there is a double standard at work. I’d like to see a reply:
“If Scott Pilgrim truly wanted to be about two young people navigating the hurts of their past to come together for a fresh start, then why doesn’t Ramona have to fight Scott’s exes… the latest of which seems pretty evil, too, at least on the curve this movie grades evil on? Why must her romantic past, meager as it is, be laid bare for his approval and vanquishing, yet he is not required to do the same for her?”
Daniel B
I have to agree with the Wright quote. Scott’s viewpoint influences the film – in many ways, it is the film. All the crazy, creative, video game styles and pop culture references on the screen are there because that’s how he experiences it. His immaturity is a big theme, and this relationship is his journey to maturity.
Another interview with Wright and Mike Cera: http://www.aintitcool.com/node/46105
Interview with Mary Elizabeth Winstead, the fought-over Ramona herself: http://www.aintitcool.com/node/46078
Recurring themes in these, as well as Wright’s interview, are Scott’s viewpoint and immaturity, and Ramona’s lack of vulnerability. She’s the one in charge of this relationship (like some have argued Bella is in Twilight, except Ramona has a personality and isn’t sexually manipulative).
And to top it all off, a review of the movie from AICN’s Mr. Beaks (admittedly subjective, as all reviews are) pretty much sums up my feelings in this argument.
“As to the question of Scott’s likability, if he doesn’t begin this journey as a feckless dweeb then the whole purpose of the film would be undermined. There’s been an appalling trend in romantic comedies lately to write male leads as weak and worshipful [Exhibit A: (500) DAYS OF SUMMER], and Wright is clearly cognizant of this. Taking his cue from O’Malley, Wright portrays Scott’s puppy-dog courtship of Ramona as a grandly pathetic spectacle. Scott is no prize. And if you’re complaining that no woman worth getting on the planet would be into Scott, you’re not paying attention: for Ramona, Scott’s the pushover rebound from the manipulative Gideon Graves (Jason Schwartzman). That he lacks strength is the point. He’s an aimless shell of a kid who must taste his own blood – or get his life bar knocked down to “critical” – to become a man.”
Full review: http://www.aintitcool.com/node/46104
I have to say: I haven’t read any of the comics and don’t plan on seeing the movie precisely because the premise of it just really rubs the wrong way: so in order to “win the heart” of a girl, he has to fight her seven ex’s who are all evil? And why did this supposed-trophy of a girl date seven (seven!) evil guys? Does she not deserve SOME scrutiny for this? Is she not as much to blame as any of the “Evil” ex’s (or in fact, more to blame because she dated SEVEN OF THEM). And yet despite this obvious character flaw (evidenced through this very obviously pathological dating behavior) she’s still the ideal trophy woman? At some point she starts to look less and less like a trophy and more and more like a booby-prize.
Just to amend my earlier comments based on some of the earlier reviews: if that issue (Ramona’s own culpability in her past dating choices) is brought up in the comics and movie and treated maturely (as it sounds like it might be?) then I will be very impressed and see the movie henceforth!
Luke Shea
I haven’t seen the film yet, but I basically trust Edgar Wright with my life.
Anyway, I have read the books, and Ramona is never treated as a Trophy. In fact, all the combat doesn’t come until after Scott and Ramona are already in a pretty established relationship. The fact that Scott is willing to stick with her and fight off these guys *after* he’s already spent a (semi-sort-of-chaste) night with her, instead of running away in terror now that he’s got what he wants, I think says good things about his character’s heart and intentions, if not his judgment and critical thinking skills. I think the theme is much more along the lines of “love is a decision you have to keep making every day, no matter how many fistfights it requires of you” than “impress the girl with Darwinian violence!”
And, yeah. Ditto all the character journey/growing up/becoming a real man stuff. He’s sort of like a nerdy Tony Stark in that way. We get to enjoy what a hilariously non-functional human being he is at the beginning of the story, but we also are happy to see him grow and change and learn how to be a person.
I haven’t seen the movie yet, but it might be my most anticipated of the year. Twilight for guys? HA, no, that was ‘Transformers’. I’m only 24. I’ve grown up playing video games, trying to keep up with the latest music, and spending years going through the growing pains of outliving your once-young fantasy world of pop culture absorption. Lots of guys relate to this. I can remember the high school daydreams of ‘life-as-a-videogame’, and immature oversimplifications of love, sacrifice, and relationships. So far, I’ve gotten the impression of a film that is completely aware of the bliss of this fantasy world, and yet willing to reveal the shallow emptiness of it all so we can poke fun at ourselves.
I don’t see “Twilight for boys” because what I see is a film bursting with creative energy, humor, endearing characters, and all held together by fantastic editing and kinetic action. And that’s not what Twilight was. If you understand who the target audience for this film is, I don’t get why the first thing that comes up is a reactionary wave of “IT THINKS WOMEN ARE TROPHIES, BUT WE’RE NOT!!!!”
Of course, all I have to go on is my ‘trailer-sense’.
Interesting article about Ramona as a “Manic Pixie Dream Girl” in Geeks of Doom:
“When I first picked up Bryan Lee O’Malley’s Scott Pilgrim series, I fell for it, hard. Here, finally, was a quirky, beautiful love interest who wasn’t just another Manic Pixie Dream Girl — a three-dimensional girl with motivations and an inner life of her own. (It doesn’t sound like that should be too much to ask, but the sad case is that it often is.) I found O’Malley’s take on the archetype to be just about perfect.
Then Edgar Wright’s film adaptation came out, and it was hilarious, and inventive, and energetic, and sweet, and… and yet another story about a Hapless Hero and a Manic Pixie Dream Girl. Although the film remained mostly faithful to the main plot of the source material, it had to cut copious amounts of backstory to fit into the running time. Perhaps no one suffered more than Ramona Flowers, who went from a fascinating, complex woman to a pretty trophy to be won.”
http://geeksofdoom.com/2010/08/18/ramona-flowers-and-6-other-manic-pixie-dream-girls-who-arent/
Gary Kurtz: How Star Wars Lost Its Magic
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Teaching students to be authentic leaders in a volatile world
Chika Babafemi is the founder and managing director of Unlimitedideas.com, a public relations and events management company in Lagos, Nigeria. Because his average commuting time during peak traffic periods is three hours, Babafemi leaves home by 5 a.m. and doesn’t return until 11 p.m. He works hard and expects his employees to be as committed as he is. While he would love to spend more time with his family, he does not believe in work-life balance. He believes that as long as workers are financially comfortable, their lives must be in balance.
Babafemi recently participated in my leadership class as part of the Owner-Manager Programme (OMP) at Lagos Business School. Owner-managers of small to medium-sized enterprises take the class to learn how to successfully lead their businesses in Nigeria’s volatile, uncertain, complex, and ambiguous—VUCA—environment.
Doing business in Nigeria is not a tea party. The country is ranked 146th out of the 190 nations included in the World Bank’s list for Ease of Doing Business. In addition, the country is still recovering from a recession it entered in 2015. According to its National Bureau of Statistics, nearly 8 million Nigerians lost their jobs between January 2016 and September 2017; between the second and third quarters of 2017, unemployment rose from 16.2 percent to 18.8 percent.
But Nigerian business leaders face many other challenges. Ethical standards are low, and CEOs are often induced to give bribes in order to get work or stay in business. Changing demographics are reshaping the workforce—in fact, a January 2016 report from advertising firm, GetUpInc predicts that millennials will constitute 75 percent of the Nigerian workforce in 2020. And a sharp decline in the quality of university education, particularly in public schools, means that many new graduates are ill-prepared to take on even entry-level jobs.
At Lagos Business School, we are attempting to tackle all these issues as we prepare the next generation of business leaders. For instance, we are addressing the education deficit by introducing a month-long brush-up programme for young MBA students before classes commence.
But some of the other challenges are more daunting. How do we convince Chika Babafemi that he should lose that government contract rather than give a bribe to secure it? How do we show him that his millennial workers do not see the wisdom of three-hour traffic commutes, so he needs to implement technology that will enable flexible work hours? Can we convince him that he can change his management style and still get the job done?
Teaching leadership in 21st-century Africa calls for a practical approach, so at LBS we take these three specific steps:
We instill values. The LBS MBA and executive programmes focus on inculcating moral mindsets in our students by making ethics the bedrock of teaching. No programme is run at LBS without including ethical content or multiple ethics sessions, and a typical MBA class has about 22 ethics sessions. We also provide students with mentors. Not only do all MBA students have individual faculty advisors, all the MBA students – including EMBA students – are put into study groups that are directed by members of the faculty or the school’s executive staff. Advisors are expected to meet with each of their proteges at least seven times within the 18-month period of the MBA programme.
We explore generational differences. In my ongoing research, I have learned that more than half of older managers do not understand what motivates the millennials who make up a growing part of their workforce. Millennials are seeking work-life balance, a work culture that fits their values, and ongoing professional development. They need an environment that allows them to express themselves, learn from their mistakes, and pursue their own ideas. Baby boomers and Generation X managers care less about work-life balance and professional development, but they are interested in the right work culture and managers need to accommodate all three demographics in their workplaces. These lessons are particularly valuable for our EMBA participants.
We emphasise emotional Intelligence. We help students see that emotional intelligence (EQ) distinguishes the leaders from the bosses. It inspires genuine followership, and not merely what Nigerians call “eye service,” or grandstanding. Leaders gain trust by displaying genuine and authentic care for the people they lead, especially in tough times. Those who hug and care for their people are the leaders who will win.
The typical Nigerian CEO often has difficulty embracing these concepts, so we use a variety of approaches to bring them alive in the classroom:
Exercises. To cover the topic of emotional intelligence, for instance, we begin by taking executive students through exercises that help them identify how well they have mastered the four skills of EQ—self-awareness, self-management, relationship management, and social awareness. We also lead them through an exercise that demonstrates how their communication styles might cause people to view them differently than they would like. The results often are both startling and humbling for the participants, so this exercise disarms their resistance to developing new leadership styles.
Case studies. This method of teaching helps douse the anxieties of participants learning new concepts. In groups of eight or ten, students discuss live or fictional cases of how leaders met particular challenges or shaped sustainable futures for their organisations. The case study method makes the learning more practical and allows students to bounce their ideas off each other in smaller groups before they enter the more intimidating classroom setting. We always emphasise that students should come with open minds so they can learn from others. We also use local cases as often as we can to make the learning more relevant and real.
Strategy simulation games. These games, which have become popular among executive students at LBS, provide real excitement for participants as they solve leadership and team building challenges. One of our favorite experiential management teaching tools is the Lego Game, which focuses on teamwork, decision making, effective communication, and team leadership.
Executive visits. There is always a buzz of excitement in the class when the protagonists of case studies are invited in to speak, or when a chief executive shares his leadership story with students. In one instance, the students and I spent about 45 minutes discussing the case of a leading Nigerian real estate company, Jide Taiwo and Partners. Unknown to the students, the founder had been anonymously listening to the opinions and advice of the students who were debating his plans for expansion and leadership transition.
Through speakers, cases, games, and classroom exercises, we find that we can bring our students to an understanding of the importance of ethics, work-life balance, and authentic leadership. When the class begins, they might say, “None of this is possible in Nigeria.” But by the end of class, they have become advocates of ethical, balanced leadership.
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John Steinbeck Audio & Video
Audio Download | Audio CD
Steinbeck tells of two ranch hands who drift from job to job, always one stepahead of the law and a few dollars from the poorhouse.
Audio Download | Audio CD | Audio Cassette
A Mexican pearl-fisher finds a pearl of great value--far more than what he needs to pay the doctor to save his child's life. But the pearl brings only evil and tragedy.
This sprawling and often brutal novel, set in the rich farmlands of California's Salinas Valley, follows the intertwined destinies of two families....
The Grapes of Wrath
The Pulitzer Prize-winning epic of the Great Depression, a book that galvanized—and sometimes outraged—millions of readers.
The Forgotten Village
Online Video (Free)
The Forgotten Village is a 1941 American documentary film - some sources call it an ethnofiction film - directed by Herbert Kline and Alexander Hammid.
Here is Steinbeck's tough yet charming portrait of people on the margins of society, dependent on one another for both physical and emotional survival....
The Log from the Sea of Cortez
The Log from the Sea of Cortez is the exciting day-by-day account of Steinbeck's trip to the Gulf of California with biologist Ed Ricketts....
Free men cannot start a war, but once it is started, they can fight on in defeat....
This 1936 novel - set in the California apple country - portrays a strike by migrant workers that metamorphoses from principled defiance into blind fanaticism.....
The Long Valley
Adopting the structure and themes of Arthurian legend, in Tortilla Flat John Steinbeck creates a Camelot on a shabby hillside above Monterey on the California coast....
1 - 10 of 23 Titles
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Postgraduate Master of Laws
Master of Laws of England and Wales
Applications for September entry should be made by 31 August. Applications for January entry should be made by 7 January 2021.
This conversion course will help you on your journey into the legal professionand will help you stand out from the crowd in this highly competitive field. Combining all the core modules required by the relevant professional bodies in law, this course will prepare non-law graduates for the next step towards becoming a solicitor or a barrister. As a student of Leeds Law School, you will be able to access a wide range of law textbooks online for free through Law Trove, a subscription-only service offered by Oxford University Press.
You will study foundation elements of legal theory, and your independent research project will give you the opportunity to focus on an area of law that interests you. Taught by experienced tutors, including qualified solicitors and barristers with significant professional expertise in all areas of law, the breadth of knowledge and skills in Leeds Law School will ensure you receive specialist support on a wide variety of topics, from medical negligence to anti-terrorism law.
Changes to legal education and training
Legal education and training has been subject to a detailed review by professional regulators in the legal sector. The review has examined the routes to qualification as a solicitor or barrister.
The Bar Standards Board (BSB) no longer requires the study of a 'Qualifying Law Degree' (QLD), however, the study of what are referred to as the 'legal foundations of knowledge' is still required before the vocational stage of bar training. All our undergraduate law degrees meet this requirement. The changes to the routes to qualification as a solicitor are due to be finalised in the summer of 2020, with the introduction of those changes provisionally from September 2021 onwards.
Applicants and prospective applicants are invited to find out more about the changes at our open days and applicant days. In addition, the Solicitors Regulation Authority (SRA) and the Bar Standards Board (BSB) have issued a common protocol for guidance. This can be found by visiting the SRA web pages Solicitors Qualifying Examination and Common Protocol on the Academic Stage of training.
“Opting to study my LLM at Leeds Law School has been one of the most beneficial decisions of my life. The university and tutors are helpful and always there to assist, and I believe the world-class legal skills imparted to me will be valuable to my career. My experience with the university has been excellent.” Syed Wajahat Ali, LLM Master of Laws of England & Wales (Distance Learning)
You will be taught by lecturers who have worked in some of the top UK firms, including DLA Piper, Eversheds, Walker Morris and Herbert Smith Freehills. As well as excellent academic teaching, our staff will provide you with professional and practical support to help you progress your career.
Law qualifying courses have been taught by our Leeds Law School since 1979 and many of our alumni now act as mentors to our students, helping them to get ahead by offering careers advice, work experience and even job opportunities.
A specialist study room, accessible only by students on our postgraduate courses, is fitted with computer terminals and legal texts. We also have a courtroom where you can put theory into practice in simulated trials.
Leeds is one of the largest legal centres outside London and offers a wealth of job and placement opportunities. You'll benefit from our close links with firms in the city and from the contacts and possible career opportunities provided by your professional mentor.
Why study Master of Laws of England and Wales at Leeds Beckett University...
Leeds Law School regularly welcomes guest speakers in prominent legal positions and you will be able to access their lectures digitally if you are unable to attend on-campus
Law Trove is an online service offered by Oxford University Press. This means all of our students will be able to access a wide range of law textbooks online and for free
Take inspiration from our high-profile ‘Law in Practice’ guest lectures – with previous speakers including Labour Party Leader, Sir Keir Starmer QC MP and human rights campaigner Baroness Shami Chakrabarti CBE PC
LLM Master of Laws of England and Wales student Ryan talks about his experience at Leeds Beckett.
20% ALUMNI DISCOUNT ON LAW POSTGRADUATE COURSES*
*Terms apply
Find out more about the Leeds Law School alumni discount
Applicants should either have at least a second class honours degree or have equivalent experience or training, normally from within the work environment.
Students wishing to undertake the Master of Laws of England and Wales degree for the purpose of qualification as a barrister must:
Hold a UK/Republic of Ireland degree, awarded at or above 2:2; or
Have been granted a Certificate of Academic Standing by the Bar Standards Board on the basis of an overseas degree or a non-standard UK/Republic of Ireland degree; or
Have been approved by the Bar Standards Board Qualifications Committee as suitable for admission as a mature student.
All applications should be supported by a reference, either academic or professional; you can download our reference template for completion. All applicants should satisfy our University English language requirements.
IELTS 6.0 with no skills below 5.5, or an equivalent qualification The University provides excellent support for any applicant who may be required to undertake additional English language courses.
Leeds Law School works with a number of Distance Learning Promotion Partners who can offer advice and guidance about the Distance Learning Courses. The partners include:
The Chancery Lane Institute for Professionals (Dubai)
Q&A Consultants (Pakistan)
London College of Legal Studies (Bangladesh).
Each module on our distance learning courses is individually designed to maximise your learning so study requirements will vary. As a guideline you will need to allocate around 10 hours per week to complete each module plus a further five hours for additional reading and assignments. If you undertake the part-time delivery, you will be required to study two modules concurrently (a minimum of approximately 25 hours per week).
If you undertake the full-time delivery, you will be required to study four modules concurrently (a minimum of approximately 45 hours). The 10 hours of teaching and learning per module will be delivered using a range of interactive resources, this typically will include audio and video content, group discussions, reflective exercises, quizzes, online reading and much more.
All these resources will be delivered through our Virtual Learning Environment and MS Teams and you will be able to access them at a time and place that suits you.
On this course, you will be assessed by a range of assessment types. Assessment tasks include portfolios, coursework, time-release examinations and a research project.
Foundations of Equity & Trusts Law
Independent Legal Research Project
Foundations of Property Law
Foundations of Public Law
Foundations of the Law of the European Union
Law, Institutions & Skills
Foundations of Contract Law
Foundations of Criminal Law
Foundations of Tort Law
Learn how and why trusts are created, their different and legal frameworks, the principles of equity affecting their creation and the use of trusts in practice.
Develop your critical thinking, legal research and writing skills by undertaking a research project. You will research your chosen area and write up your analysis with the support of a supervisor.
Study the fundamental issues relating to the concept of property, its ownership, and the rights and obligations created by the ownership of land.
Understand the relationship between the different organs of the State and the individual, including royal prerogative, human rights, judicial review and police powers.
Explore the founding principles of the law of the European Union to enable critical understanding of the nature and purpose of European developments and regulations.
This module will introduce you to the fundamental concepts underpinning English law, to the institutions of the English legal system and to the main sources of English law.
Study the role of the law in defining, creating, imposing, regulating and enforcing freely negotiated and agreed contractual obligations between two or more contracting parties.
Understand the general principles of law governing criminal responsibility set within their social context, the concept of moral responsibility and the philosophy of punishment.
Examine civil law liability for a wrong or 'tort', including negligence, occupier's liability and trespass to the person, considering how tort protects reputation and personal integrity.
The tuition fee for the year for students entering in 2021/22 is £8950. The amount you will pay is fixed at this level for each year of your course.
Choosing the LLM Master of Laws England & Wales at Leeds Beckett will enable you to meet the academic requirements set by the Solicitors Regulation Authority and the Bar Standards Board for qualification as a solicitor or barrister and gain a masters qualification.
Rebecca Hopkinson Course Director
Facilities | Courtroom
Our Courtroom provides students with an opportunity to practise their advocacy skills in an environment that simulates real life. Used for teaching, internal and national mooting competitions, our Courtroom also incorporates the latest recording and video conferencing technology that enables appraisal of student court submissions, training in special measures witness handling and Achieving Best Outcome interviews.
Facilities | Social study spaces
We offer a number of social learning spaces across our city campus located in various buildings including Rose Bowl and Broadcasting Place, where students can access the internet, print facilities and undertake group work.
Law in Practice events
Our guest lecture events provide opportunities for you to network and hear from speakers from a range of backgrounds and contexts, providing insight into developments and key issues of relevance to the legal sector and professional practice. Our events are open to legal professionals, students and those with an interest in the subject area.
view our latest events
Opting to study my LLM at Leeds Law School has been one of the most beneficial decisions of my life. The university and tutors are helpful and always there to assist, and I believe the world-class legal skills imparted to me will be valuable to my career. My experience with the university has been excellent.
Syed Wajahat Ali LLM Master of Laws of England & Wales (Distance Learning)
Rebecca Hopkinson
Course Director / Leeds Law School
Becky is Senior Lecturer and Course leader of the Post Graduate Diploma in Law and the Masters of the Laws of England and Wales. She teaches on several undergraduate and postgraduate law courses and established the Law School Law Clinic.
You could progress to the next stage of legal training by undertaking our Legal Practice Course to train as a solicitor, or the Bar Professional Training Course to become a barrister. Your course will also open up roles that require a deep-rooted and broad knowledge of the law, such as a paralegal. You could also apply your expertise to roles in marketing, local government, mental health or social work.
Leeds Law School blog
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View whole (812KB)
Reprint as at 1 December 2020
see section 1(2)
This Act is administered by the Ministry of Justice.
1 Short Title and commencement
2A Transitional, savings, and related provisions
3 Act to bind the Crown
4 Continuation of Human Rights Commission
Functions and powers of Commission
5 Functions of Commission
6 Powers relating to declaratory judgments
Activities in performance of Commission’s functions
7 Commission determines general nature of activities
Membership of Commission
8 Membership of Commission
9 Alternate Commissioners
Functions of Commissioners
[Repealed]
10 Meetings of Commission
Criteria for appointment
11 Criteria for appointment
Complaints Division
12 Further criteria for appointment of Chief Commissioner
13 Further criteria for appointment of Commissioner appointed to lead Commission work in priority area
Further provisions on Commissioners and alternate Commissioners
14 Further criteria for appointment of Equal Employment Opportunities Commissioner [Repealed]
15 Functions of Chief Commissioner
16 Additional functions of Commissioner appointed or designated to lead work of Commission in priority areas
17 Functions of Equal Employment Opportunities Commissioner [Repealed]
General manager and staff of Commission
18 General manager and staff of Commission
Commissioners to act independently
19 Duty to act independently
Office of Human Rights Proceedings
20 Office of Human Rights Proceedings
Director of Human Rights Proceedings
20A Director of Human Rights Proceedings
20B Criteria and requirement for appointment
Appointment of Judge as Human Rights Commissioner
20C Appointment of Judge as Human Rights Commissioner
Provisions relating to office holders
20D Office holders to whom sections 20E to 20G apply
20E Service in office [Repealed]
20F Term of office
20G Vacation of office
Administrative provisions relating to Human Rights Commission and Office of Human Rights Proceedings
20H Administrative provisions set out in Schedules 1 and 2
Part 1A
Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority
20I Purpose of this Part
20J Acts or omissions in relation to which this Part applies
20K Purposes for which section 20L applies
20L Acts or omissions in breach of this Part
Unlawful discrimination
Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990
21A Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies
Acts or omissions authorised or required by law
21B Relationship between this Part and other law
Prohibited grounds of discrimination
21 Prohibited grounds of discrimination
Discrimination in employment matters
22 Employment
23 Particulars of applicants for employment
Exceptions in relation to employment matters
24 Exception in relation to crews of ships and aircraft
25 Exception in relation to work involving national security
26 Exception in relation to work performed outside New Zealand
27 Exceptions in relation to authenticity and privacy
28 Exceptions for purposes of religion
29 Further exceptions in relation to disability
30 Further exceptions in relation to age
30A Exception in relation to employment-related retirement benefits
31 Exception in relation to employment of a political nature
32 Exception in relation to family status
33 Armed forces [Repealed]
34 Regular forces
35 General qualification on exceptions
Discrimination in partnerships
36 Partnerships
Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies
37 Organisations of employees or employers and professional and trade associations
38 Qualifying bodies
39 Exceptions in relation to qualifying bodies
40 Vocational training bodies
41 Exceptions in relation to vocational training bodies
Discrimination in access to places, vehicles, and facilities
42 Access by the public to places, vehicles, and facilities
43 Exceptions in relation to access by the public to places, vehicles, and facilities
Discrimination in provision of goods and services
44 Provision of goods and services
45 Exception in relation to courses and counselling
46 Exception in relation to public decency or safety
47 Exception in relation to skill
48 Exception in relation to insurance
49 Exception in relation to sport
50 Exception in relation to travel services
51 Exception in relation to reduced charges
52 Exception in relation to disability
Discrimination in provision of land, housing, and other accommodation
53 Land, housing, and other accommodation
54 Exception in relation to shared residential accommodation
55 Exception in relation to hostels, institutions, etc
56 Further exception in relation to disability
Discrimination in access to educational establishments
57 Educational establishments
58 Exceptions in relation to establishments for particular groups
Other forms of discrimination
61 Racial disharmony
62 Sexual harassment
62A Adverse treatment in employment of people affected by family violence
63 Racial harassment
64 Choice of procedures [Repealed]
65 Indirect discrimination
66 Victimisation
67 Advertisements
68 Liability of employer and principals
69 Further provision in relation to sexual or racial harassment in employment
Special provisions relating to superannuation schemes
70 Superannuation schemes
71 Reports on superannuation schemes
72 Power to vary trust deeds
73 Measures to ensure equality
74 Measures relating to pregnancy, childbirth, or family responsibilities
Resolution of disputes about compliance with Part 1A and Part 2
75 Object of this Part
76 Functions of Commission under this Part
77 Dispute resolution services
78 Method of providing services
79 How complaints received to be treated
79A Choice of procedures
80 Taking action or further action in relation to complaint
81 Commission to inform parties of process
82 Information gathering and disclosure by Commission
83 Settlement
84 Reference of complaint to Director or from Director or Tribunal
85 Confidentiality of information disclosed at dispute resolution meeting
86 Evidence as to dispute resolution meeting
87 Certain information not to be made available
88 Limits on effect of section 80(1) or sections 85 to 87
89 Enforcement of terms of settlement agreed by parties
90 Functions of Director of Human Rights Proceedings under this Part
91 Requirements for Director’s decisions under section 90
92 Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings
92A Director to notify and report on decisions on representation
92B Civil proceedings arising from complaints
92BA Lodging of applications
92C Representation in civil proceedings arising from complaints
92D Tribunal or Chairperson or Deputy Chairperson may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement
92E Civil proceedings arising from inquiry by Commission
92F Proof of justified limits and exceptions
92G Right of Attorney-General to appear in civil proceedings
92H Right of Commission to appear in civil proceedings
92I Remedies
92J Remedy for enactments in breach of Part 1A
92K Effect of declaration
92L Costs
92M Damages
92N Directions as to payment of damages in certain cases
92O Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement
92P Matters to be taken into account in exercising powers given by section 92O
Monetary limits on remedies Tribunal may grant
92Q Monetary limits on remedies Tribunal may grant
Granting of remedies by High Court on reference from Tribunal
92R Tribunal to refer granting of remedies to High Court
92S Further provisions on reference to High Court
92T High Court decides remedies on reference from Tribunal
92U High Court’s decision on remedies to be included in, and given effect to as part of, Tribunal’s determination
Abandonment or agreement to bring claim within Tribunal’s jurisdiction
92V Abandonment to enable Tribunal to make award of damages
92W Extension of jurisdiction by agreement between parties
Human Rights Review Tribunal
93 Human Rights Review Tribunal
Functions and powers of Tribunal
94 Functions of Tribunal
95 Power to make interim order
96 Review of interim orders
97 Power in respect of exception for genuine occupational qualification or genuine justification
Constitution of Tribunal
98 Membership of Tribunal
99 Chairperson of Tribunal
99AA Deputy Chairpersons of Tribunal
99A Criteria and requirement for appointment of Chairperson and Deputy Chairperson
100 Appointment and term of office
101 Panel
101A Functions, duties, and powers of Deputy Chairpersons
101B Delegation by Chairperson of Tribunal
101C References to Chairpersons include deputies and delegates and temporary acting Chairperson
102 Appointment of temporary acting Chairperson
103 Vacation of office by Chairperson, temporary acting Chairperson, and Deputy Chairperson
103A Orderly and efficient operation
103B Powers of Chairperson to direct constitution of Tribunal
Procedure of Tribunal
104 Sittings of Tribunal
105 Substantial merits
106 Evidence in proceedings before Tribunal
107 Sittings to be held in public except in special circumstances
108 Persons entitled to be heard
108A Tribunal to give notice of proceedings
108B Submissions in relation to remedies
109 Witness summons
110 Service of summons
111 Witnesses’ allowances
112 Privileges and immunities
113 Non-attendance or refusal to co-operate
114 Application of Contempt of Court Act 2019
115 Tribunal may dismiss trivial, etc, proceedings
115A Tribunal may strike out, determine, or adjourn proceedings
116 Reasons to be given
117 Seal of Tribunal
118 Members of Tribunal not personally liable
119 Fees of members of Tribunal
120 Services for Tribunal
121 Enforcement
121A Practice notes
121B Online publication of information about procedures, time frames, and progress of decisions
121C Online publication of final written decisions
122 Stating case for High Court
122A Removal to High Court of proceedings or issue
122B Proceedings or issue removed to High Court
123 Appeals to High Court
124 Appeal to Court of Appeal on a question of law
125 Costs of appeal
126 Additional members of High Court for purposes of Act
Powers in relation to inquiries
126A Evidence order
127 Evidence
128 Protection and privileges of witnesses, etc
129 Disclosure of certain matters not to be required
130 Proceedings privileged
Inciting racial disharmony
131 Inciting racial disharmony
132 No prosecution without Attorney-General’s consent
Miscellaneous provisions
133 Licences and registration
134 Access by the public to places, vehicles, and facilities
136 Condition in restraint of marriage, civil union, or de facto relationship
137 Advisors to be officials
138 No adverse statement
139 Restriction on delegation
140 Delegation of powers by Chief Commissioner
141 Annual report [Repealed]
141A Certain acts not to be questioned [Repealed]
142 Money to be appropriated by Parliament for purposes of this Act [Repealed]
143 Offences
144 Regulations
145 Related amendments to other enactments [Repealed]
146 Repeals [Repealed]
147 Revocation [Repealed]
148 Former office of Commissioner abolished
148A Certain former Commissioners to be transitional members of Commission
Race Relations Conciliator
148B Assets and liabilities vest in Commission
148C References to Race Relations Conciliator
148D Proceedings
148E Commission to arrange final audited accounts
148F All employees transferred to Commission
Proceedings Commissioner
148G Proceedings Commissioner
148H References to Proceedings Commissioner
148I Proceedings to which Proceedings Commissioner party
148J Complaints referred to Proceedings Commissioner for decision as to proceedings
148K Transfer of employees from Commission to Office
148L Complaints Division abolished
148M Outstanding complaints to be dealt with by Commission under new procedure
148N Breaches of Part 1A
148O Complaints about breaches of Part 1A
149 Special provisions in relation to written employment contracts in force on 1 April 1992
150 Charitable instruments
151 Other enactments and actions not affected [Repealed]
152 Expiry of section 151 [Repealed]
153 Savings
Schedule 1AA
Transitional, savings, and related provisions
Administrative provisions applying in respect of Commission
Administrative provisions applying in respect of Office of Human Rights Proceedings
Enactments repealed
Human Rights Amendment Act 1994
An Act to consolidate and amend the Race Relations Act 1971 and the Human Rights Commission Act 1977 and to provide better protection of human rights in New Zealand in general accordance with United Nations Covenants or Conventions on Human Rights
This Act may be cited as the Human Rights Act 1993.
This Act shall come into force on 1 February 1994.
In this Act, unless the context otherwise requires,—
act includes an activity, condition, enactment, policy, practice, or requirement
actuary means—
a person who is a Fellow of the New Zealand Society of Actuaries Incorporated; or
a person whom the Commission or the Complaints Division, as the case may be, considers to have an equivalent professional qualification
Chief Commissioner means the Commissioner appointed as the Chief Human Rights Commissioner
Commission means the Human Rights Commission continued by section 4 and includes the Office of Human Rights Proceedings
Commissioner means a member of the Commission
Director of Human Rights Proceedings or Director means the Director of Human Rights Proceedings or alternate Director of Human Rights Proceedings appointed under section 20A
dispose, in sections 53 and 54, includes sell, assign, lease, let, sublease, sublet, license, or mortgage, and agree to dispose
dispute resolution meeting means a meeting of the kind referred to in section 77(2)(c)
dispute resolution services includes the provision of answers to questions by members of the public about discrimination and compliance with this Act
employer, in Part 2, includes—
the employer of an independent contractor; and
the person for whom work is done by contract workers under a contract between that person and the person who supplies those contract workers; and
the person for whom work is done by an unpaid worker
employment agreement has the meaning given to that term by section 5 of the Employment Relations Act 2000
employment contract has the meaning given to that term by section 2 of the Employment Contracts Act 1991
general manager means the general manager of the Commission appointed by the Chief Commissioner under section 18; and includes any acting general manager of the Commission
Human Rights Review Tribunal or Tribunal means the Tribunal continued by section 93
Minister means the Minister of Justice
Office of Human Rights Proceedings or Office means the office referred to in section 20
prohibited ground of discrimination has the meaning given to it by section 21
relative, in relation to any person, means any other person who—
is related to the person by blood, marriage, civil union, de facto relationship, affinity, or adoption; or
is wholly or mainly dependent on the person; or
is a member of the person’s household
residential accommodation, in sections 53 and 54, includes accommodation in a dwellinghouse, flat, hotel, motel, boardinghouse, or camping ground
superannuation scheme means any superannuation scheme, fund, or plan, or any provident fund, set up to confer, on its members or other persons, retirement or other benefits, such as accident, disability, sickness, or death benefits
trustees, in relation to a superannuation scheme, includes the person or persons appointed to administer a superannuation scheme constituted under an Act of Parliament of New Zealand.
Unless the context otherwise requires, every reference in this Act to a complaint alleging a breach of 1 or more Parts of this Act includes a complaint that appears to allege or concern such a breach (whether or not it refers to the relevant Part in question).
Unless the context otherwise requires, every reference in this Act to a person against whom a complaint is made includes a body of any kind against whom a complaint is made.
Compare: 1977 No 49 ss 2, 15(13), 25(5); 1983 No 56 s 4(4); 1992 No 16 s 2(3); 1993 No 35 s 3(3)
Section 2: substituted, on 1 January 2002, by section 3 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 2(1) actuary: inserted, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).
Section 2(1) Chief Commissioner: amended, on 15 June 2016, by section 5(1) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 2(1) Commission: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 2(1) Equal Employment Opportunities Commissioner: repealed, on 15 June 2016, by section 5(2) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 2(1) Race Relations Commissioner: repealed, on 15 June 2016, by section 5(2) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 2(1) relative paragraph (a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
Section 2A: inserted, on 15 June 2016, by section 4 of the Human Rights Amendment Act 2016 (2016 No 28).
This Act shall bind the Crown.
Compare: 1971 No 150 s 2; 1977 No 49 s 3
Part 1 Human Rights Commission
There shall continue to be a Human Rights Commission, which shall be the same body as the Human Rights Commission established under section 4 of the Human Rights Commission Act 1977.
The Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.
Despite anything in any other Act, the powers of the Commission under sections 16 and 17 of the Crown Entities Act 2004 may be exercised only—
by persons authorised by or under this Act or the Crown Entities Act 2004 to perform functions of the Commission, for the purposes of performing those functions; or
by the Director of Human Rights Proceedings, his or her alternate, or the staff of the Office of Human Rights Proceedings (acting in accordance with directions issued by the Director or his or her alternate), for the purposes of exercising or performing a function, power, or duty of the Director under this Act.
Compare: 1977 No 49 s 4
Section 4(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 4(4): added, on 1 January 2002, by section 4 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 4(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 4(4)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Heading: substituted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
The primary functions of the Commission are—
to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and
to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society; and
to promote racial equality and cultural diversity; and
to promote equal employment opportunities (including pay equity); and
to promote and protect the full and equal enjoyment of human rights by persons with disabilities.
The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and observance of, human rights:
to encourage and co-ordinate programmes and activities in the field of human rights:
to make public statements in relation to any matter that may affect or infringe human rights (whether or not those human rights are affirmed in New Zealand domestic human rights law or international human rights law), including statements commenting on the position of the Government in relation to that matter:
(ca)
to make public statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990 (for example, statements promoting understanding of measures to ensure equality, of indirect discrimination, or of institutions and procedures under this Act for dealing with complaints of unlawful discrimination):
to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law:
to prepare and publish, as the Commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with, or contrary to, this Act:
to receive and invite representations from members of the public on any matter affecting human rights:
to consult and co-operate with other persons and bodies concerned with the protection of human rights:
to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non-governmental, if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:
to appear in or bring proceedings, in accordance with section 6 or section 92B or section 92E or section 92H or section 97:
to apply to a court or tribunal, under rules of court or regulations specifying the tribunal’s procedure, to be appointed as intervener or as counsel assisting the court or tribunal, or to take part in proceedings before the court or tribunal in another way permitted by those rules or regulations, if, in the Commission’s opinion, taking part in the proceedings in that way will facilitate the performance of its functions stated in paragraph (a):
to report to the Prime Minister on—
any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights:
the desirability of New Zealand becoming bound by any international instrument on human rights:
to report to either or both of the Prime Minister and the Minister responsible on any existing or proposed legislation (including subordinate legislation), administrative provision, or policy of the Government that the Commission considers may affect human rights:
(kb)
to promote the development of new international instruments on human rights:
(kc)
to promote and monitor compliance by New Zealand with, and the reporting by New Zealand on, the implementation of international instruments on human rights ratified by New Zealand:
to make public statements in relation to any group of persons in, or who may be coming to, New Zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this Act:
to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand:
to exercise the following functions in relation to equal employment opportunities:
to evaluate, through the use of benchmarks developed by the Commission, the roles that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
to lead the development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation) in accordance with paragraph (e):
to monitor and analyse progress in improving equal employment opportunities in New Zealand and to report to the Minister on the results of that monitoring and analysis:
to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities:
to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this Act or any other enactment.
The Commission may, in the public interest or in the interests of a person, department, or organisation, publish reports relating generally to the exercise of its functions under this Act or to a particular inquiry by it under this Act, whether or not the matters to be dealt with in a report of that kind have been the subject of a report to the Minister or the Prime Minister.
Compare: 1977 No 49 ss 5(1), (3), (5), 6(1), (2), 28A, 78(1); 1977 No 49 ss 78(1), 86
Section 5 heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 5(1)(b): amended, on 15 June 2016, by section 6(1) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(1)(c): inserted, on 15 June 2016, by section 6(2) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(1)(d): inserted, on 15 June 2016, by section 6(2) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(1)(e): inserted, on 15 June 2016, by section 6(2) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(2)(c): replaced, on 15 June 2016, by section 6(3) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(2)(ca): inserted, on 15 June 2016, by section 6(3) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(2)(k)(iii): repealed, on 15 June 2016, by section 6(4) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(2)(ka): inserted, on 15 June 2016, by section 6(5) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(2)(kb): inserted, on 15 June 2016, by section 6(5) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(2)(kc): inserted, on 15 June 2016, by section 6(5) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 5(2)(n): inserted, on 15 June 2016, by section 6(6) of the Human Rights Amendment Act 2016 (2016 No 28).
If at any time the Commission considers that it may be desirable to obtain a declaratory judgment or order of the High Court in accordance with the Declaratory Judgments Act 1908, the Commission may, despite anything to the contrary in that Act or any other enactment or rule of law, institute proceedings under that Act.
The Commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).
Subsection (1) does not limit the ability of the Commission to appear in or bring proceedings under section 92B or section 92E or section 92H or section 97.
Compare: 1977 No 49 s 5A; 1983 No 56 s 3
Subject to the role of the Minister in the process of setting and monitoring the strategic direction and targets of the Commission under Part 4 of the Crown Entities Act 2004, the members of the Commission acting together determine the strategic direction and the general nature of activities undertaken in the performance of the Commission’s functions.
The Chief Commissioner is responsible to the Commission for ensuring that activities undertaken in the performance of the Commission’s functions are not inconsistent with determinations of the Commission.
Heading: inserted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
The Commission consists of the following Human Rights Commissioners:
the Chief Commissioner; and
not less than 3 and not more than 4 other Commissioners.
There must be a Commissioner, other than the Chief Commissioner, appointed to lead the work of the Commission in each of the following priority areas:
disability rights (the Disability Rights Commissioner):
equal employment opportunities (including pay equity) (the Equal Employment Opportunities Commissioner):
race relations (the Race Relations Commissioner).
A Commissioner must lead the work of the Commission in any other priority area that is designated by the Chief Commissioner, and the Chief Commissioner may designate an area of work as a priority area only in accordance with the strategic direction and the general nature of activities determined by the Commission under section 7(1) and after consultation with the Minister and the other Commissioners.
The Commissioners are the board for the purposes of the Crown Entities Act 2004.
The Chief Commissioner holds office as chairperson of the board for the purposes of the Crown Entities Act 2004 for the same term as he or she is Chief Commissioner.
Clauses 1 to 5 of Schedule 5 of the Crown Entities Act 2004 do not apply to the Commission.
Compare: 1977 No 49 s 7(1)(a), (c), (ca), (d), (2); 1983 No 56 s 4(1), (2); 1991 No 132 s 3(1); 1993 No 35 s 2
Section 8(1): replaced, on 15 June 2016, by section 7 of the Human Rights Amendment Act 2016 (2016 No 28).
Section 8(1A): inserted, on 15 June 2016, by section 7 of the Human Rights Amendment Act 2016 (2016 No 28).
Section 8(1B): inserted, on 15 June 2016, by section 7 of the Human Rights Amendment Act 2016 (2016 No 28).
Section 8(4): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The Governor-General may, on the recommendation of the Minister, appoint as alternate Commissioners persons who may be designated as the alternate of a Commissioner by either the Minister under subsection (2) or the Chief Commissioner under subsection (3).
The Minister may designate a Commissioner or an alternate Commissioner to act as the Chief Commissioner—
during the period following the resignation of the Chief Commissioner and ending when the Chief Commissioner’s successor comes into office; or
during the Chief Commissioner’s incapacity or in respect of a particular function or activity of the Commission, as the case may be, if—
the Minister is satisfied that the Chief Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
the Chief Commissioner considers it is not proper or desirable that he or she should participate in the function or activity.
The Chief Commissioner may designate an alternate Commissioner to act as a Commissioner during the period the Chief Commissioner is acting as Chief Commissioner, or during the period of the Commissioner’s incapacity, or in respect of a particular function or activity of the Commission, as the case may be, if—
the Chief Commissioner is a Commissioner acting as the Chief Commissioner under a designation under subsection (2); or
the Chief Commissioner is satisfied that any other Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
a Judge who is for the time being holding office as a Commissioner declines to participate in, or withdraws from participation in, the particular function or activity of the Commission under section 20C(2); or
any other Commissioner considers it is not proper or desirable that he or she should participate in the function or activity of the Commission.
An alternate Commissioner designated under subsection (2) or subsection (3) must, while the alternate Commissioner acts as Chief Commissioner or as a Commissioner, be taken to be the Chief Commissioner or the Commissioner in whose place the alternate Commissioner acts.
No designation of an alternate Commissioner, and no act done by an alternate Commissioner, and no act done by the Commission while any alternate Commissioner is acting, may in any proceedings be questioned on the ground that the occasion for the alternate Commissioner’s designation had not arisen or had ceased.
Compare: 1977 No 49 s 7B; 1985 No 23 s 2
Functions of Commissioners[Repealed]
Heading: repealed, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
Compare: 1977 No 49 s 10
Section 10: substituted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 10(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 10(2): repealed, on 15 June 2016, by section 8 of the Human Rights Amendment Act 2016 (2016 No 28).
In recommending persons for appointment as Commissioners or alternate Commissioners, the Minister must have regard to the need for Commissioners and alternate Commissioners appointed to have among them—
knowledge of, or experience in,—
different aspects of matters likely to come before the Commission:
New Zealand law, or the law of another country, or international law, on human rights:
the Treaty of Waitangi and rights of indigenous peoples:
current economic, employment, or social issues:
cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society:
skills in, or experience in,—
advocacy or public education:
business, commerce, economics, industry, or financial or personnel management:
community affairs:
public administration, or the law relating to public administration.
Subsection (1) does not limit section 29 of the Crown Entities Act 2004.
Nothing in this section limits section 12 or section 13.
Compare: 1977 No 49 s 7(3); 1985 No 23 s 3(1)
Section 11(1A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 11(2): amended, on 15 June 2016, by section 9 of the Human Rights Amendment Act 2016 (2016 No 28).
Section 11(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Complaints Division[Repealed]
In recommending a person for appointment as Chief Commissioner, the Minister must have regard not only to the criteria stated in section 11 but also to the person’s—
ability to provide leadership in relation to the performance of the functions of the Commission (for example, being an advocate for, and promoting, by education and publicity, respect for and observance of human rights):
ability to represent the Commission, and to create and maintain effective relationships between it and other persons or bodies:
knowledge of New Zealand law, the law of other countries, and international law, on human rights, and of New Zealand’s obligations under international instruments on human rights:
appreciation of issues or trends in human rights arising in other countries or internationally, and of the relevance of those issues or trends for New Zealand:
ability to perform the functions stated in section 15.
In recommending a person for appointment as a Commissioner appointed to lead the work of the Commission in a priority area under section 8(1A), the Minister must have regard not only to the criteria stated in section 11 but also to the person’s—
understanding of the principles and practice of the priority area in question, including its origin and development in New Zealand:
appreciation of issues, trends, and developments, in other countries and internationally, affecting the priority area in question, and the relevance of those issues, trends, or developments for New Zealand:
Section 13: replaced, on 15 June 2016, by section 10 of the Human Rights Amendment Act 2016 (2016 No 28).
Further provisions on Commissioners and alternate Commissioners[Repealed]
14 Further criteria for appointment of Equal Employment Opportunities Commissioner
Section 14: repealed, on 15 June 2016, by section 11 of the Human Rights Amendment Act 2016 (2016 No 28).
The Chief Commissioner has the following functions:
to chair the Commission, and lead discussions of the Commission except when it is the function of a Commissioner to do so under section 16(1)(a):
to ensure that activities undertaken in the performance of the Commission’s functions are consistent with the strategic direction and other determinations of the Commission under section 7:
to ensure that the Commission is effective and efficient in carrying out its functions:
to ensure that the Commission meets its obligations under the Crown Entities Act 2004, the Public Finance Act 1989, and the Public Service Act 2020:
to allocate spheres of responsibility (including responsibility for priority areas designated under section 8(1B)) among the Commissioners, and to determine the extent to which Commissioners engage in activities undertaken in the performance of the Commission’s functions (except for those stated in section 76), but in each case only after consultation with the Minister:
to supervise and liaise with the general manager on matters of administration in relation to the Commission and on the activities undertaken in the performance of the Commission’s functions:
any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment.
Section 15(d): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
A Commissioner who is appointed or designated to lead the work of the Commission in a priority area under section 8(1A) or (1B) has the following additional functions:
to lead discussions of the Commission in relation to that priority area of work:
to provide advice and leadership on matters in that priority area of work that arise in the course of activities undertaken in the performance of the Commission’s functions, both when engaging in those activities and when consulted:
to contribute to the public debate on matters in that priority area of work:
any other functions or duties conferred or imposed upon him or her by or under this Act or any other enactment.
However, the exercise by a Commissioner of the functions stated in subsection (1) is subject to directions given by the Chief Commissioner in the exercise of his or her responsibilities under section 15(b), (c), and (d).
17 Functions of Equal Employment Opportunities Commissioner
The general manager and staff of the Commission undertake activities required to perform the functions of the Commission in accordance with the strategic direction and other determinations of the Commission under section 7.
is responsible to the Chief Commissioner and reports to him or her; and
is appointed by the Chief Commissioner, in accordance with clause 1 of Schedule 1; and
is the chief executive of the Commission for the purposes of the Crown Entities Act 2004.
Employees of the Commission are responsible to the general manager and report to him or her.
Section 18(2)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 18(2)(c): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Except as expressly provided otherwise in this or another Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
this Act; and
any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004).
Section 19: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The Office of Human Rights Proceedings is part of the Commission and is headed by the Director of Human Rights Proceedings or his or her alternate.
The staff of the Office report to the Director or his or her alternate, and help him or her to exercise or perform the functions, powers, and duties of the Director under this Act.
In exercising or performing the functions, powers, and duties of the Director, the Director or his or her alternate and the staff of the Office must act independently from the Commission and Ministers of the Crown.
However, the Director or his or her alternate is responsible to the Chief Commissioner for the efficient, effective, and economical administration of the activities of the Office.
The Director of Human Rights Proceedings is appointed by the Governor-General on the recommendation of the Minister.
The Governor-General may, on the recommendation of the Minister, appoint as alternate Director of Human Rights Proceedings a person designated for appointment as alternate Director by the Minister.
The Minister must not designate a person for appointment as alternate Director of Human Rights Proceedings unless—
the Minister is satisfied that the Director is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
the Director considers it is not proper or desirable that the Director should perform any particular duty of his or her office.
Section 20A: inserted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
In recommending a person for appointment as Director of Human Rights Proceedings or as his or her alternate, the Minister must have regard not only to the person’s attributes but also to the person’s—
the different aspects of matters likely to come before the Human Rights Review Tribunal:
current economic, employment, or other social issues:
skills in, or experience in, the practice of public law (including the conduct of litigation), and financial and personnel management:
ability to exercise or perform, and to ensure the Office of Human Rights Proceedings helps the person to exercise or perform, efficiently and effectively, the functions, powers, and duties of the Director under this Act.
Every person appointed as Director of Human Rights Proceedings or as his or her alternate must be a barrister or solicitor of the High Court of not less than 5 years’ legal experience.
Section 20B: inserted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
The appointment of a Judge as a Commissioner or alternate Commissioner or service by a Judge as a Commissioner or alternate Commissioner does not affect his or her tenure of judicial office or his or her rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation), and, for all purposes, his or her service as a Commissioner or alternate Commissioner must be taken to be service as a Judge.
A Judge who is for the time being holding office as a Commissioner may, at any time, decline to participate in, or withdraw from participation in, any particular function or activity of the Commission if the Judge considers it incompatible with his or her judicial office.
Compare: 1977 No 49 ss 7(5A), 7A; 1983 No 56 ss 4(3), 5; 1985 No 23 s 3(1)
Section 20C: inserted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
Sections 20F and 20G each applies to a person (the office holder) who holds one of the following offices (the office):
Director of Human Rights Proceedings:
alternate Director of Human Rights Proceedings.
Compare: 1983 No 56 s 6; 1985 No 23 s 3(1)
Section 20D: inserted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 20D(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 20D(1)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 20D(1)(b): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 20D(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
20E Service in office
Section 20E: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The office holder—
holds the office for the term (not longer than 5 years) the Governor-General, on the recommendation of the Minister, specifies in the person’s appointment; and
may, from time to time, be reappointed; and
unless he or she sooner vacates or no longer holds or is removed from the office under section 20G, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired.
Compare: 1971 No 150 s 12(1), (2); 1977 No 49 s 8; 1985 No 23 s 3(1)
Section 20F: inserted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
may resign from the office by delivering to the Minister a notice in writing to that effect and stating when the resignation takes effect:
ceases to hold office if he or she dies:
ceases to hold office if he or she is, under the Insolvency Act 2006, adjudged bankrupt:
may, at any time, be removed from the office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.
Compare: 1971 No 150 s 12(3); 1977 No 49 s 9; 1985 No 23 s 3(1)
Section 20G: inserted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 20G(c): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
Schedule 1 applies in respect of the Commission.
Schedule 2 applies in respect of the Office.
Section 20H: inserted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).
Part 1A Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority
Part 1A: inserted, on 1 January 2002, by section 6 of the Human Rights Amendment Act 2001 (2001 No 96).
The purpose of this Part is to provide that, in general, an act or omission that is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 is in breach of this Part if the act or omission is that of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990.
Section 20I: inserted, on 1 January 2002, by section 6 of the Human Rights Amendment Act 2001 (2001 No 96).
This Part applies only in relation to an act or omission of a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—
the legislative, executive, or judicial branch of the Government of New Zealand; or
a person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.
Despite subsection (1), this Part does not apply in relation to an act or omission that is unlawful under any of sections 22, 23, 61 to 63, and 66.
If this Part applies in relation to an act or omission, Part 2 does not apply to that act or omission.
Nothing in this Part affects the New Zealand Bill of Rights Act 1990.
Section 20J: inserted, on 1 January 2002, by section 6 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 20L applies only for the purposes of—
any inquiry undertaken by the Commission under section 5(2)(h):
the assessment, consideration, mediation, or determination of a complaint under Part 3:
any determination made by the Director under Part 3 concerning the provision of representation in proceedings before the Human Rights Review Tribunal:
any determination made in proceedings before the Human Rights Review Tribunal or in any proceedings in any court on an appeal from a decision of that Tribunal:
any determination made by any court or tribunal in proceedings brought under this Act by the Commission:
any other process or proceedings commenced or conducted under Part 3:
any related matter.
Section 20K: inserted, on 1 January 2002, by section 6 of the Human Rights Amendment Act 2001 (2001 No 96).
An act or omission in relation to which this Part applies (including an enactment) is in breach of this Part if it is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990.
For the purposes of subsection (1), an act or omission is inconsistent with section 19 of the New Zealand Bill of Rights Act 1990 if the act or omission—
limits the right to freedom from discrimination affirmed by that section; and
is not, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limitation on that right.
To avoid doubt, subsections (1) and (2) apply in relation to an act or omission even if it is authorised or required by an enactment.
Section 20L: inserted, on 1 January 2002, by section 6 of the Human Rights Amendment Act 2001 (2001 No 96).
Part 2 Unlawful discrimination
The only provisions of this Part that apply to an act or omission of a person or body described in subsection (2) are—
sections 21 to 35 (which relate to discrimination in employment matters), 61 to 64 (which relate to racial disharmony, sexual harassment, adverse treatment in employment of people affected by family violence, and racial harassment) and 66 (which relates to victimisation); and
sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any of the provisions referred to in paragraph (a).
The persons and bodies referred to in subsection (1) are the ones referred to in section 3 of the New Zealand Bill of Rights Act 1990, namely—
the legislative, executive, and judicial branches of the Government of New Zealand; and
every person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.
Section 21A(1)(a): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).
Section 21A(1)(a): amended, on 1 April 2019, by section 38 of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
To avoid doubt, an act or omission of any person or body is not unlawful under this Part if that act or omission is authorised or required by an enactment or otherwise by law.
For the purposes of this Act, the prohibited grounds of discrimination are—
sex, which includes pregnancy and childbirth:
marital status, which means being—
single; or
married, in a civil union, or in a de facto relationship; or
the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or
separated from a spouse or civil union partner; or
a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended:
religious belief:
ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions:
ethnic or national origins, which includes nationality or citizenship:
disability, which means—
physical disability or impairment:
physical illness:
psychiatric illness:
intellectual or psychological disability or impairment:
any other loss or abnormality of psychological, physiological, or anatomical structure or function:
reliance on a guide dog, wheelchair, or other remedial means:
the presence in the body of organisms capable of causing illness:
age, which means,—
for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs in the period beginning with 1 February 1994 and ending with the close of 31 January 1999, any age commencing with the age of 16 years and ending with the date on which persons of the age of the person whose age is in issue qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001 (irrespective of whether or not the particular person qualifies for national superannuation at that age or any other age):
for the purposes of sections 22 to 41 and section 70 and in relation to any different treatment based on age that occurs on or after 1 February 1999, any age commencing with the age of 16 years:
for the purposes of any other provision of Part 2, any age commencing with the age of 16 years:
political opinion, which includes the lack of a particular political opinion or any political opinion:
employment status, which means—
being unemployed; or
being a recipient of a benefit as defined in Schedule 2 of the Social Security Act 2018 or an entitlement under the Accident Compensation Act 2001:
family status, which means—
having the responsibility for part-time care or full-time care of children or other dependants; or
having no responsibility for the care of children or other dependants; or
being married to, or being in a civil union or de facto relationship with, a particular person; or
being a relative of a particular person:
sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—
it pertains to a person or to a relative or associate of a person; and
it either—
currently exists or has in the past existed; or
is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated.
Section 21(1)(b): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 21(1)(i)(i): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 21(1)(i)(i): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 21(1)(k)(ii): substituted, on 1 July 1999, by section 415(1) of the Accident Insurance Act 1998 (1998 No 114).
Section 21(1)(k)(ii): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).
Section 21(1)(k)(ii): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).
Section 21(1)(l)(iii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,—
to refuse or omit to employ the applicant on work of that description which is available; or
to offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar circumstances on work of that description; or
to terminate the employment of the employee, or subject the employee to any detriment, in circumstances in which the employment of other employees employed on work of that description would not be terminated, or in which other employees employed on work of that description would not be subjected to such detriment; or
to retire the employee, or to require or cause the employee to retire or resign,—
by reason of any of the prohibited grounds of discrimination.
It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination.
Compare: 1977 No 49 s 15(1), (2); 1992 No 16 s 3
It shall be unlawful for any person to use or circulate any form of application for employment or to make any inquiry of or about any applicant for employment which indicates, or could reasonably be understood as indicating, an intention to commit a breach of section 22.
Compare: 1977 No 49 s 18; 1992 No 16 s 7
Nothing in section 22 shall apply to the employment or an application for employment of a person on a ship or aircraft, not being a New Zealand ship or aircraft, if the person employed or seeking employment was engaged or applied for it outside New Zealand.
Compare: 1977 No 49 s 15(8)
Nothing in section 22 shall apply to any restrictions on the employment of any person on work involving the national security of New Zealand—
by reference to his or her—
religious or ethical belief; or
political opinion; or
disability, within the meaning of section 21(1)(h)(iii) or section 21(1)(h)(iv); or
family status, within the meaning of section 21(1)(l)(iii) or section 21(1)(l)(iv); or
national origin; or
by reference to the national origin of any relative of that person.
It shall not be a breach of section 22 to decline to employ a person under the age of 20 years on work involving the national security of New Zealand where that work requires a secret or top secret security clearance.
Compare: 1977 No 49 s 15(10)
Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, or age if the duties of the position in respect of which that treatment is accorded—
are to be performed wholly or mainly outside New Zealand; and
are such that, because of the laws, customs, or practices of the country in which those duties are to be performed, they are ordinarily carried out only by a person who is of a particular sex or religious or ethical belief, or who is in a particular age group.
Compare: 1977 No 49 ss 15(9), 15A(1)(b); 1992 No 16 s 4
Nothing in section 22 shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.
Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
Nothing in section 22 shall prevent different treatment based on sex where—
the position needs to be held by one sex to preserve reasonable standards of privacy; or
the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
Nothing in section 22 shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.
Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so.
Compare: 1977 No 49 ss 15(3), 15A(1)(a); 1992 No 16 s 4
Nothing in section 22 shall prevent different treatment based on sex where the position is for the purposes of an organised religion and is limited to one sex so as to comply with the doctrines or rules or established customs of the religion.
Nothing in section 22 shall prevent different treatment based on religious or ethical belief where—
that treatment is accorded under clause 47 of Schedule 6 of the Education and Training Act 2020; or
the sole or principal duties of the position (not being a position to which clause 47 of Schedule 6 of the Education and Training Act 2020 applies)—
are, or are substantially the same as, those of a clergyman, priest, pastor, official, or teacher among adherents of that belief or otherwise involve the propagation of that belief; or
are those of a teacher in a private school; or
consist of acting as a social worker on behalf of an organisation whose members comprise solely or principally adherents of that belief.
Where a religious or ethical belief requires its adherents to follow a particular practice, an employer must accommodate the practice so long as any adjustment of the employer’s activities required to accommodate the practice does not unreasonably disrupt the employer’s activities.
Compare: 1977 No 49 s 15(6), (7)
Section 28(2)(a): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Section 28(2)(b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
Nothing in section 22 shall prevent different treatment based on disability where—
the position is such that the person could perform the duties of the position satisfactorily only with the aid of special services or facilities and it is not reasonable to expect the employer to provide those services or facilities; or
the environment in which the duties of the position are to be performed or the nature of those duties, or of some of them, is such that the person could perform those duties only with a risk of harm to that person or to others, including the risk of infecting others with an illness, and it is not reasonable to take that risk.
Nothing in subsection (1)(b) shall apply if the employer could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
Nothing in section 22 shall apply to terms of employment or conditions of work that are set or varied after taking into account—
any special limitations that the disability of a person imposes on his or her capacity to carry out the work; and
any special services or facilities that are provided to enable or facilitate the carrying out of the work.
Nothing in section 22(1)(a) or section 22(1)(d) shall apply in relation to any position or employment where being of a particular age or in a particular age group is a genuine occupational qualification for that position or employment, whether for reasons of safety or for any other reason.
Nothing in section 22(1)(b) shall prevent payment of a person at a lower rate than another person employed in the same or substantially similar circumstances where the lower rate is paid on the basis that the first-mentioned person has not attained a particular age, not exceeding 20 years of age.
Nothing in section 22(1)(a) shall prevent preferential treatment based on age accorded to persons who are to be paid in accordance with subsection (2).
Compare: 1977 No 49 s 15A(2)–(4); 1992 No 16 s 4
Nothing in section 22(1)(b) prevents different treatment based on age with respect to, or in any way related to, the payment of a benefit to an employee on retirement if—
the employee’s entitlement to that benefit (the retirement benefit), or the calculation of that retirement benefit, is determined in whole or in part (and whether directly or indirectly) by the employee’s age; and
the retirement benefit is a term of a written employment contract that was in force on or before 1 February 1999; and
the employee was, on or before 1 February 1999, a party to that employment contract.
If a retirement benefit was a term of an employee’s written employment contract on 1 February 1999, subsection (1) continues to apply in relation to the payment of that retirement benefit even if either or both of the following things occur after that date:
the employee and the employer enter into a new written employment contract or employment agreement under which the employee remains entitled to that retirement benefit:
a different person becomes the employee’s employer as a result of a merger, takeover, restructuring, or reorganisation, but the employee remains entitled to that retirement benefit by virtue of any enactment or agreement.
This section does not limit section 149.
Section 30A: inserted, on 1 October 1999, by section 2 of the Human Rights Amendment Act 1999 (1999 No 100).
Section 30A(2)(a): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).
Nothing in section 22 shall prevent different treatment based on political opinion where the position is one as—
a political adviser or secretary to a member of Parliament; or
a political adviser to a member of a local authority; or
a political adviser to a candidate seeking election to the House of Representatives or to a local authority within the meaning of the Local Electoral Act 2001; or
a member of the staff of a political party.
Section 31(c): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
Nothing in section 22 shall prevent restrictions imposed by an employer—
on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, another employee if—
there would be a reporting relationship between them; or
there is a risk of collusion between them to the detriment of the employer; or
on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, an employee of another employer if there is a risk of collusion between them to the detriment of that person’s employer.
Section 32(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 32(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
33 Armed forces
Section 33: repealed, on 5 May 2007, by section 5 of the Human Rights (Women in Armed Forces) Amendment Act 2007 (2007 No 16).
Nothing in section 22(1)(c) or section 22(1)(d) shall prevent the Chief of Defence Force from instituting, under section 57A of the Defence Act 1990, the discharge or release of a member of the regular forces.
Section 34 heading: amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 34(2): repealed, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
No employer shall be entitled, by virtue of any of the exceptions in this Part, to accord to any person in respect of any position different treatment based on a prohibited ground of discrimination even though some of the duties of that position would fall within any of those exceptions if, with some adjustment of the activities of the employer (not being an adjustment involving unreasonable disruption of the activities of the employer), some other employee could carry out those particular duties.
It shall be unlawful for a firm, or for persons jointly promoting the formation of a firm,—
to refuse or to omit to offer a person admission to the firm as a partner; or
to offer or afford a person less favourable terms and conditions as a partner than are made available to other members or prospective members of the firm,—
It shall be unlawful for a firm—
to deny any partner increased status in the firm or an increased share in the capital or profits of the firm; or
to expel any partner from the firm or to subject any partner to any other detriment,—
It is unlawful for a firm, or for persons jointly promoting the formation of a firm, to fail to provide special services or facilities that could reasonably be provided by the firm, or those persons, in the circumstances and that, if provided, would enable a person with a disability—
to be accepted as a partner and remain in partnership; or
to be offered the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlements to shares in capital or profits) that are made available to other members or prospective members of the firm.
Nothing in this section prevents the fixing of reasonable terms and conditions in relation to a partner or prospective partner, who by reason of disability or age—
has a restricted capacity to participate or continue to participate in the partnership, that cannot be restored to normal by the provision of any special services or facilities required to be provided under subsection (2A); or
requires special conditions if he or she is to participate or continue to participate in the partnership, even if any special services or facilities required to be provided under subsection (2A) are provided.
Nothing in this section applies in respect of a person with a disability, if the disability of the person is such that—
there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in partnership or be given the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlement to shares in capital or profits) that were made available to other members or prospective members of the firm; and
it is not reasonable to take that risk.
Subsection (4) does not apply if the firm, or persons jointly promoting the formation of a firm, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
Section 36(2A): inserted, on 10 September 2008, by section 4(1) of the Human Rights Amendment Act 2008 (2008 No 65).
Section 36(3): substituted, on 10 September 2008, by section 4(2) of the Human Rights Amendment Act 2008 (2008 No 65).
Section 36(4): added, on 10 September 2008, by section 4(2) of the Human Rights Amendment Act 2008 (2008 No 65).
It shall be unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation,—
to refuse or omit to accept any person for membership; or
to offer any person less favourable terms of membership and less favourable access to any benefits, facilities, or services, including the right to stand for election and hold office in the organisation, than would otherwise be made available; or
to deprive a person of membership, or suspend him or her, in circumstances in which other persons would not be deprived of membership or suspended,—
It is unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation, to fail to provide special services or facilities that could reasonably be provided by the organisation in the circumstances and that, if provided, would enable a person with a disability to—
be accepted and remain in membership; or
be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office).
Nothing in this section shall prevent an organisation to which this section applies from charging different fees to persons in different age groups.
there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in membership or be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office); and
Subsection (2A) does not apply if the organisation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
This section applies to an organisation of employees, an organisation of employers, or any other organisation that exists for the purposes of members who carry on a particular profession, trade, or calling.
Section 37(2B): inserted, on 10 September 2008, by section 5(2) of the Human Rights Amendment Act 2008 (2008 No 65).
It shall be unlawful for an authority or body empowered to confer an approval, authorisation, or qualification that is needed for, or facilitates, engagement in a profession, trade, or calling, or any person acting or purporting to act on behalf of any such authority or body,—
to refuse or omit to confer that approval, authorisation, or qualification on a person; or
to confer that approval, authorisation, or qualification on less favourable terms and conditions than would otherwise be made available; or
to withdraw that approval, authorisation, or qualification or vary the terms on which it is held, in circumstances in which it would not otherwise be withdrawn or varied,—
For the purposes of this section, confer includes renew or extend.
Compare: 1977 No 49 s 21(1), (3); 1992 No 16 s 10(1)
Nothing in section 38 shall apply where the authorisation or qualification is needed for, or facilitates engagement in, a profession or calling for the purposes of an organised religion and is limited to one sex or to persons of that religious belief so as to comply with the doctrines or rules or established customs of that religion.
the person seeking or holding the approval, authorisation, or qualification is not, by reason of that person’s disability, able to perform the duties required of a person who holds the approval, authorisation, or qualification; or
the environment in which the duties required of a person who holds the approval, authorisation, or qualification are to be performed or the nature of those duties, or of some of them, are such that, if that approval, authorisation, or qualification were granted to or retained by the person with a disability, there would be a risk of harm to that person or others, including the risk of infecting others with an illness, and it is not reasonable to take that risk; or
conditions placed on the granting of the approval, authorisation, or qualification to any person or on the retention of the approval, authorisation, or qualification by any person are reasonably related to the disability of that person.
For the purposes of applying subsection (2)(a) and (b), an authority or body referred to in section 38 must,—
in the case of subsection (2)(a), take account of whether a disabled person could perform the required duties if he or she was provided with special services or facilities that could reasonably be provided by an employer or by any other relevant person:
in the case of subsection (2)(b), take account of whether the risk of harm referred to in that paragraph could be reduced to a normal level, without unreasonable disruption to an employer or to any other relevant person.
Nothing in section 38 shall apply where—
the authority or body imposes a reasonable and appropriate minimum age under which the approval, authorisation, or qualification will not be conferred; or
the authority or body imposes reasonable and appropriate terms and conditions on the grant or retention of the approval, authorisation, or qualification by reason of the age of the person seeking or holding it.
Compare: 1977 No 49 s 21(2), (2A); 1992 No 16 s 10(2)
Section 39(2A): inserted, on 10 September 2008, by section 6 of the Human Rights Amendment Act 2008 (2008 No 65).
It shall be unlawful for any organisation or association which has as its function or one of its principal functions the provision of training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), that would help to fit a person for any employment, or for any person acting or purporting to act on behalf of any such organisation or association,—
to refuse or omit to provide training, or facilities or opportunities for training; or
to provide training, or facilities or opportunities for training, on less favourable terms and conditions than would otherwise be made available; or
to terminate training, or facilities or opportunities for training,—
Compare: 1977 No 49 s 22(1); 1992 No 16 s 11(1)
Nothing in section 40 shall prevent an organisation or association from affording persons preferential access to facilities for training that would help to fit them for employment where it appears to that organisation or association that those persons are in special need of training by reason of the period for which they have not been engaged in regular full-time employment.
Subject to subsection (3), nothing in section 40 shall apply where a person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be provided with training, or facilities or opportunities for training, and it is not reasonable to take that risk.
Nothing in subsection (2) shall apply if the organisation or association providing training, or facilities or opportunities for training, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
Nothing in section 40 shall prevent an organisation or association from providing training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), only for persons above a particular age or in a particular age group.
Nothing in section 40 shall prevent the making of financial grants by an organisation or association only to persons above a particular age or in a particular age group.
Nothing in section 40 shall prevent an organisation or association from charging different fees to persons in different age groups.
Nothing in section 40 makes it unlawful to fail to provide special services or facilities designed for a specified purpose if those special services or facilities cannot reasonably be provided in the circumstances.
In subsection (7), a specified purpose means 1 or more of the following purposes:
to enable a person with a disability to undergo and remain in training; or
to provide a person with a disability with facilities or opportunities for training; or
to provide a person with a disability with facilities or opportunities for training on no less favourable terms and conditions than would otherwise be made available.
Compare: 1977 No 49 s 22(3), (4), (5), (6); 1992 No 16 s 11(3)
Section 41(7): added, on 10 September 2008, by section 7 of the Human Rights Amendment Act 2008 (2008 No 65).
It shall be unlawful for any person—
to refuse to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or
to refuse any other person the use of any facilities in that place or vehicle which are available to members of the public; or
to require any other person to leave or cease to use that place or vehicle or those facilities,—
In this section, the term vehicle includes a vessel, an aircraft, or a hovercraft.
Section 42 shall not prevent the maintenance of separate facilities for each sex on the ground of public decency or public safety.
Nothing in section 42 requires any person to provide for any person, by reason of the disability of that person, special services or special facilities to enable any such person to gain access to or use any place or vehicle when it would not be reasonable to require the provision of such special services or facilities.
Nothing in subsection (2) limits section 118 of the Building Act 2004.
Subject to subsection (5), nothing in section 42 shall apply where the disability of a person is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to have access to or use of any place or vehicle and it is not reasonable to take that risk.
Subsection (4) shall not apply if the person in charge of the place, vehicle, or facility could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
Section 43(3): substituted, on 1 January 2002, by section 8 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 43(3): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—
to refuse or fail on demand to provide any other person with those goods, facilities, or services; or
to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,—
For the purposes of subsection (1), but without limiting the meaning of the terms goods, facilities, and services in that subsection, the term facilities includes facilities by way of banking or insurance or for grants, loans, credit, or finance.
Where any club, or any branch or affiliate of any club, that grants privileges to members of any other club, branch, or affiliate refuses or fails on demand to provide those privileges to any of those members, or treats any of those members less favourably in connection with the provision of those privileges than would otherwise be the case, by reason of any of the prohibited grounds of discrimination, that club, branch, or affiliate shall be deemed to have committed a breach of this section.
Subject to subsection (3), nothing in this section shall apply to access to membership of a club or to the provision of services or facilities to members of a club.
Compare: 1977 No 49 s 24(1)–(3)
Nothing in section 44 shall prevent the holding of courses, or the provision of counselling, restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation where highly personal matters, such as sexual matters or the prevention of violence, are involved.
Section 44 shall not apply to the maintenance or provision of separate facilities or services for each sex on the ground of public decency or public safety.
Where the nature of a skill varies according to whether it is exercised in relation to men or women, a person does not commit a breach of section 44 by exercising the skill in relation to one sex only, in accordance with that person’s normal practice.
It shall not be a breach of section 44 to offer or provide annuities, life insurance policies, accident insurance policies, or other policies of insurance, whether for individual persons or groups of persons, on different terms or conditions for each sex or for persons with a disability or for persons of different ages if the different treatment—
is based on—
actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or
where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and
is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances.
In assessing, for the purposes of this section, whether it is reasonable to rely on any data or advice or opinion, and whether different treatment is reasonable, the Commission or the Complaints Division may—
require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and
request the views of an actuary on the justification for the reliance and for the different treatment.
Section 48(2)(b): amended, on 1 May 2011, by section 82 of the Financial Markets Authority Act 2011 (2011 No 5).
Subject to subsection (2), nothing in section 44 shall prevent the exclusion of persons of one sex from participation in any competitive sporting activity in which the strength, stamina, or physique of competitors is relevant.
Subsection (1) does not apply in relation to the exclusion of persons from participation in—
the coaching of persons engaged in any sporting activity; or
the umpiring or refereeing of any sporting activity; or
the administration of any sporting activity; or
sporting activities by persons who have not attained the age of 12 years.
It shall not be a breach of section 44 to exclude any person from any competitive sporting event or activity if that person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to take part in that competitive sporting event or activity and it is not reasonable to take that risk.
It shall not be a breach of section 44 to conduct competitive sporting events or activities in which only persons with a particular disability or age qualification may take part.
It shall not be a breach of section 44 to provide group travel services which are expressed to be solely for the benefit of persons in a particular age group.
It shall not be a breach of section 44 to provide goods, services, or facilities at a reduced fee, charge, or rate on the ground of age, disability, or employment status, whether or not there are conditions applicable to the reduced fee, charge, or rate.
It shall not be a breach of section 44 for a person who supplies facilities or services—
to refuse to provide those facilities or services to any person if—
that person’s disability requires those facilities or services to be provided in a special manner; and
the person who supplies the facilities or services cannot reasonably be expected to provide them in that special manner; or
to provide those facilities or services to any person on terms that are more onerous than those on which they are made available to other persons, if—
the person who supplies the facilities or services cannot reasonably be expected to provide them without requiring more onerous terms.
Compare: Equal Opportunity Act 1984 s 29(2) (Vic)
It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal,—
to refuse or fail to dispose of any estate or interest in land or any residential or business accommodation to any other person; or
to dispose of such an estate or interest or such accommodation to any person on less favourable terms and conditions than are or would be offered to other persons; or
to treat any person who is seeking to acquire or has acquired such an estate or interest or such accommodation differently from other persons in the same circumstances; or
to deny any person, directly or indirectly, the right to occupy any land or any residential or business accommodation; or
to terminate any estate or interest in land or the right of any person to occupy any land or any residential or business accommodation,—
It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal, to impose or seek to impose on any other person any term or condition which limits, by reference to any of the prohibited grounds of discrimination, the persons or class of persons who may be the licensees or invitees of the occupier of any land or any residential or business accommodation.
Nothing in section 53 shall apply to residential accommodation which is to be shared with the person disposing of the accommodation, or on whose behalf it is disposed of.
Nothing in section 53 shall apply to accommodation in any hostel or in any establishment (such as a hospital, club, school, university, religious institution, or retirement village), or in any part of a hostel or any such establishment, where accommodation is provided only for persons of the same sex, marital status, or religious or ethical belief, or for persons with a particular disability, or for persons in a particular age group.
Subject to subsection (2), nothing in section 53 shall apply, in relation to any accommodation, if the disability of the person is such that there would be a risk of harm to that person or others, including the risk of infecting others with an illness, if that person were to live in that accommodation and it is not reasonable to take that risk.
Subsection (1) shall not apply if the person in charge of the accommodation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
Nothing in section 53 makes it unlawful to fail to provide special services or facilities designed to make accommodation suitable for occupation by a person with a disability, if those special services or facilities cannot reasonably be provided in the circumstances.
It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment,—
to refuse or fail to admit a person as a pupil or student; or
to admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available; or
to deny or restrict access to any benefits or services provided by the establishment; or
to exclude a person as a pupil or a student or subject him or her to any other detriment,—
In this section, educational establishment includes an establishment offering any form of training or instruction and an educational establishment under the control of an organisation or association referred to in section 40.
An educational establishment maintained wholly or principally for students of one sex, race, or religious belief, or for students with a particular disability, or for students in a particular age group, or the authority responsible for the control of any such establishment, does not commit a breach of section 57 by refusing to admit students of a different sex, race, or religious belief, or students not having that disability or not being in that age group.
Nothing in section 57 shall prevent the holding or provision, at any educational establishment, of courses or counselling restricted to persons of a particular sex, race, ethnic or national origin, or sexual orientation, where highly personal matters, such as sexual matters or the prevention of violence, are involved.
Nothing in section 57 applies to a person whose disability is such that that person requires special services or facilities that in the circumstances cannot reasonably be made available (being services or facilities that are required to enable the person to participate in the educational programme of an establishment referred to in that section or to enable the person to derive substantial benefits from that programme).
Subject to subsection (3), nothing in section 57 shall apply where the person’s disability is such that there would be a risk of harm to that person or to others, including the risk of infecting others with an illness, if that person were to be admitted to an educational establishment and it is not reasonable to take that risk.
Nothing in subsection (2) shall apply if the person in charge of the educational establishment could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
Section 60(1): amended, on 10 September 2008, by section 9(a) of the Human Rights Amendment Act 2008 (2008 No 65).
Section 60(1): amended, on 10 September 2008, by section 9(b) of the Human Rights Amendment Act 2008 (2008 No 65).
to publish or distribute written matter which is threatening, abusive, or insulting, or to broadcast by means of radio or television or other electronic communication words which are threatening, abusive, or insulting; or
to use in any public place as defined in section 2(1) of the Summary Offences Act 1981, or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting; or
to use in any place words which are threatening, abusive, or insulting if the person using the words knew or ought to have known that the words were reasonably likely to be published in a newspaper, magazine, or periodical or broadcast by means of radio or television,—
being matter or words likely to excite hostility against or bring into contempt any group of persons in or who may be coming to New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
It shall not be a breach of subsection (1) to publish in a newspaper, magazine, or periodical or broadcast by means of radio or television or other electronic communication a report relating to the publication or distribution of matter by any person or the broadcast or use of words by any person, if the report of the matter or words accurately conveys the intention of the person who published or distributed the matter or broadcast or used the words.
For the purposes of this section,—
newspaper means a paper containing public news or observations on public news, or consisting wholly or mainly of advertisements, being a newspaper that is published periodically at intervals not exceeding 3 months
publishes or distributes means publishes or distributes to the public at large or to any member or members of the public
written matter includes any writing, sign, visible representation, or sound recording.
Compare: 1971 No 150 s 9A; 1977 No 49 s 86; 1989 No 127 s 2
Section 61(1)(a): amended, on 3 July 2015, by section 36(1) of the Harmful Digital Communications Act 2015 (2015 No 63).
Section 61(2): amended, on 3 July 2015, by section 36(2) of the Harmful Digital Communications Act 2015 (2015 No 63).
It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
The areas to which subsections (1) and (2) apply are—
the making of an application for employment:
employment, which term includes unpaid work:
participation in, or the making of an application for participation in, a partnership:
membership, or the making of an application for membership, of an industrial union or professional or trade association:
access to any approval, authorisation, or qualification:
vocational training, or the making of an application for vocational training:
access to places, vehicles, and facilities:
access to goods and services:
access to land, housing, or other accommodation:
participation in fora for the exchange of ideas and information.
Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation.
Section 62(3)(k): inserted, on 3 July 2015, by section 37 of the Harmful Digital Communications Act 2015 (2015 No 63).
It is unlawful for a person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (2)) to treat adversely any other person, or to make an implied or overt threat to treat adversely any other person, on the ground that the other person is, or is suspected or assumed or believed to be, a person affected by family violence.
The areas to which subsection (1) applies are—
employment, which term includes unpaid work.
In this section, an employer treats adversely an employee if the employer—
dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or
retires that employee, or requires or causes that employee to retire or resign.
child has the meaning given to it in section 8 of the Family Violence Act 2018
family violence has the meaning given to it in section 9 the Family Violence Act 2018
person affected by family violence means a person who is 1 or both of the following:
a person against whom any other person is inflicting, or has inflicted, family violence:
a person with whom there ordinarily or periodically resides a child against whom any other person is inflicting, or has inflicted, family violence.
Subsection (1) applies regardless of how long ago the family violence occurred or is suspected or assumed or believed to have occurred, and even if the family violence occurred or is suspected or assumed or believed to have occurred before the person became an employee.
Section 62A: inserted, on 1 April 2019, by section 39 of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
Section 62A heading: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).
Section 62A(1): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).
Section 62A(4): replaced, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).
It shall be unlawful for any person to use language (whether written or spoken), or visual material, or physical behaviour that—
expresses hostility against, or brings into contempt or ridicule, any other person on the ground of the colour, race, or ethnic or national origins of that person; and
is hurtful or offensive to that other person (whether or not that is conveyed to the first-mentioned person); and
is either repeated, or of such a significant nature, that it has a detrimental effect on that other person in respect of any of the areas to which this subsection is applied by subsection (2).
64 Choice of procedures
Section 64: repealed, on 1 December 2004, by section 3 of the Human Rights Amendment Act 2004 (2004 No 88).
Where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part has the effect of treating a person or group of persons differently on 1 of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part other than this section, that conduct, practice, condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it.
Compare: 1977 No 49 s 27; 1992 No 16 s 12
It shall be unlawful for any person to treat or to threaten to treat any other person less favourably than he or she would treat other persons in the same or substantially similar circumstances—
on the ground that that person, or any relative or associate of that person,—
intends to make use of his or her rights under this Act or to make a disclosure under the Protected Disclosures Act 2000; or
has made use of his or her rights, or promoted the rights of some other person, under this Act, or has made a disclosure, or has encouraged disclosure by some other person, under the Protected Disclosures Act 2000; or
has given information or evidence in relation to any complaint, investigation, or proceeding under this Act or arising out of a disclosure under the Protected Disclosures Act 2000; or
has declined to do an act that would contravene this Act; or
has otherwise done anything under or by reference to this Act; or
on the ground that he or she knows that that person, or any relative or associate of that person, intends to do any of the things mentioned in subparagraphs (i) to (v) of paragraph (a) or that he or she suspects that that person, or any relative or associate of that person, has done, or intends to do, any of those things.
Subsection (1) shall not apply where a person is treated less favourably because he or she has knowingly made a false allegation or otherwise acted in bad faith.
Section 66(1)(a): substituted, on 1 January 2001, by section 25 of the Protected Disclosures Act 2000 (2000 No 7).
It shall be unlawful for any person to publish or display, or to cause or allow to be published or displayed, any advertisement or notice which indicates, or could reasonably be understood as indicating, an intention to commit a breach of any of the provisions of this Part.
For the purposes of subsection (1), use of a job description with a gender connotation (such as postman or stewardess) shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary.
Compare: 1971 No 150 s 7; 1977 No 49 s 32
Subject to subsection (3), anything done or omitted by a person as the employee of another person shall, for the purposes of this Part, be treated as done or omitted by that other person as well as by the first-mentioned person, whether or not it was done with that other person’s knowledge or approval.
Anything done or omitted by a person as the agent of another person shall, for the purposes of this Part, be treated as done or omitted by that other person as well as by the first-mentioned person, unless it is done or omitted without that other person’s express or implied authority, precedent or subsequent.
In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description.
a request of the kind described in section 62(1) is made to an employee; or
an employee is subjected to behaviour of the kind described in section 62(2) or section 63—
by a person who is a customer or a client of the employee’s employer, the employee may make a complaint in writing about that request or behaviour to the employee’s employer.
The employer, on receiving a complaint under subsection (1),—
shall inquire into the facts; and
if satisfied that such a request was made or that such behaviour took place,—
shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.
Where any person, being a person in relation to whom an employee has made a complaint under subsection (1),—
makes to that employee after the complaint a request of the kind described in section 62(1); or
subjects that employee after the complaint to behaviour of the kind described in section 62(2) or section 63; and
the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,—
that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly.
Subject to subsection (3), nothing in section 22 or section 44 relating to different treatment on the ground of age or disability shall apply to any condition in, or requirement of, a superannuation scheme in existence at the commencement of this Act in relation to a person who was a member of the scheme at the commencement of this Act or who becomes a member of the scheme before 1 January 1996.
It shall continue to be lawful for the provisions of a superannuation scheme to provide—
different benefits for members of each sex on the basis of the same contributions; or
the same benefits for members of each sex on the basis of different contributions,—
if the different treatment—
is based on actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; and
is reasonable having regard to the applicability of the data, and of any other relevant factors, to the particular circumstances.
It shall continue to be unlawful to require an applicant for membership of a superannuation scheme to have attained a minimum age.
Nothing in section 22 or section 44 shall prevent the provisions of a superannuation scheme from—
providing or requiring different contributions for members; or
providing benefits for members that differ in nature or amount,—
by reason of the disability or age of those members, if the different treatment—
Nothing in section 22 or section 44 shall prevent the provisions of a superannuation scheme, or the trustees, the supervisor, or the manager of the scheme, from—
requiring an applicant for membership of the scheme to be under a specified maximum age; or
permitting a member of the scheme to elect to make increased or reduced contributions to the scheme either temporarily or indefinitely; or
specifying an age of eligibility for each type of benefit provided for members of the scheme; or
subject to section 183 of the Financial Markets Conduct Act 2013, requiring persons who become members of the scheme on or after 1 January 1995 to leave the scheme on reaching the age at which persons of that age ordinarily qualify for national superannuation under section 7 of the New Zealand Superannuation and Retirement Income Act 2001; or
providing benefits on the death or disability of members of the scheme that decrease in value as the age of members increases; or
providing benefits for members of the scheme that differ in nature and amount according to the member’s period of membership (including any period deemed by the trustees, the supervisor, or the manager of the scheme to be membership) of the scheme and of any scheme replaced by that scheme, and, in the case of a superannuation scheme provided by an employer, of any scheme to which the employer has paid contributions on behalf of the employee.
In assessing for the purposes of this section whether it is reasonable to rely on any data or advice or opinion and whether different treatment is reasonable, the Commission or the Complaints Division may—
Section 70(1): amended, on 9 December 1994, by section 6 of the Human Rights Amendment Act 1994 (1994 No 138).
Section 70(5): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 70(5)(d): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 70(5)(d): amended, on 21 April 2005, by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
Section 70(5)(d): amended, on 12 October 2001, by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).
Section 70(5)(f): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
The Commission shall from time to time, after consultation with the FMA, report to the Minister on whether discrimination on the prohibited grounds has been eliminated from superannuation schemes.
Section 71: amended, on 1 May 2011, by section 85(1) of the Financial Markets Authority Act 2011 (2011 No 5).
Notwithstanding any Act or rule of law or the provisions of the instrument or conditions governing any superannuation scheme, the trustees of the scheme, or the manager of the scheme with the supervisor’s consent, may make such amendments to that instrument or those conditions as are necessary or desirable to give effect to the provisions of sections 22, 44, and 70.
Every amendment to the provisions of an instrument or conditions governing any superannuation scheme made under subsection (1) on or after the commencement of the Human Rights Amendment Act 1994 must be made by deed.
Section 72: substituted, on 9 December 1994, by section 7 of the Human Rights Amendment Act 1994 (1994 No 138).
Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part shall not constitute such a breach if—
it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
Nothing in this Part—
limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status; or
makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person’s age, employment status, or family status.
Compare: 1977 No 49 s 29; 1992 No 16 s 13(1)
For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
a woman’s pregnancy or childbirth; or
a person’s responsibility for part-time care or full-time care of children or other dependants—
shall not constitute a breach of this Part.
Part 3 Resolution of disputes about compliance with Part 1A and Part 2
Part 3: substituted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
The object of this Part is to establish procedures that—
facilitate the provision of information to members of the public who have questions about discrimination; and
recognise that disputes about compliance with Part 1A or Part 2 are more likely to be successfully resolved if those disputes can be resolved promptly by the parties themselves; and
recognise that, if disputes about compliance with Part 1A or Part 2 are to be resolved promptly, expert problem-solving support, information, and assistance needs to be available to the parties to those disputes; and
recognise that the procedures for dispute resolution under this Part need to be flexible; and
recognise that judicial intervention at the lowest level needs to be that of a specialist decision-making body that is not inhibited by strict procedural requirements; and
recognise that difficult issues of law may need to be determined by higher courts.
The primary functions of the Commission under this Part are—
to provide information to members of the public who have questions about discrimination; and
to facilitate the resolution of disputes about compliance with Part 1A or Part 2, by the parties concerned, in the most efficient, informal, and cost-effective manner possible.
The Commission has, in order to carry out its function under subsection (1)(b), the following functions:
to receive and assess a complaint alleging that there has been a breach of Part 1A or Part 2, or both:
to gather information in relation to a complaint of that kind (including one referred back to it by the Director under section 90(1)(b), or the Tribunal under section 92D) for the purposes of paragraphs (c) and (d):
to offer services designed to facilitate resolution of the complaint, including information, expert problem-solving support, mediation, and other assistance:
to take action or further action under this Part in relation to the complaint, if the complainant or aggrieved person wishes to proceed with it, unless section 80(2) or (3) applies:
to provide information gathered in relation to a complaint to the parties concerned.
The Commission must provide dispute resolution services for the purposes of carrying out its functions under section 76.
Services provided under this section may include—
the provision of general information about discrimination and legal obligations in relation to discrimination:
the provision of information about what services are available for persons who have disputes about compliance with Part 1A or Part 2:
the provision of a venue for, and a mediator at, any dispute resolution meeting that—
is designed to enable each party to discuss and seek to resolve any complaint, without prejudice to his or her position; and
is convened at the request, or with the agreement of, the parties or, if section 84(4) applies, by the Commission:
other services (of a type that can address a variety of circumstances) that assist persons to resolve, promptly and effectively, their disputes about compliance with Part 1A or Part 2.
Services provided under section 77 may be provided in any manner, including—
by a telephone, facsimile, internet, or email service (whether as a means of explaining where information can be found or as a means of actually providing the information or of otherwise seeking to resolve the problem); or
by publishing pamphlets, brochures, booklets, or codes; or
by specialists who—
respond to requests or themselves identify how, where, and when their services can best support the object of this Part; or
provide their services in the manner, and at the time and place that is, most likely to resolve the problem or dispute in question; or
provide their services in all of the ways described in this paragraph.
This section applies if the Commission receives, under section 76(2)(a), a complaint alleging that there has been a breach of Part 1A or Part 2 or both Parts.
If the complaint or part of it concerns an enactment, or an act or omission that is authorised or required by an enactment, the complaint or relevant part of it must be treated only as a complaint that the enactment is in breach of Part 1A.
Despite every other provision of this section, if the complaint or part of it concerns a judgment or other order of a court, or an act or omission of a court affecting the conduct of any proceedings, the Commission must take no further action in relation to the complaint or relevant part of it.
If the complaint or part of it concerns an act or omission by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, and neither subsection (2) nor subsection (3) applies, the complaint or relevant part of it—
must be treated only as a complaint that there is a breach of Part 1A, unless the act or omission complained of involves conduct that—
is unlawful under any of sections 22, 23, 61 to 63, and 66; or
is unlawful under any of sections 65 and 67 to 74, but only to the extent that those sections relate to conduct that is unlawful under any provision referred to in subparagraph (i):
must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 2 if the act or omission complained of involves conduct that is unlawful under any of sections 22, 23, 61 to 63, and 66.
If the complaint or relevant part of it concerns a breach of Part 2, and none of subsections (2) to (4) applies to the complaint or relevant part of it, the complaint or relevant part of it must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 2.
Nothing in this section prevents the Commission from involving any person that it considers appropriate in information gathering and the resolution of disputes.
If the circumstances giving rise to a complaint under Part 2 are such that an employee would also be entitled to pursue a personal grievance under the Employment Relations Act 2000, the employee may take one, but not both, of the following steps:
the employee may make in relation to those circumstances a complaint under this Act:
the employee may, if the grievance is not otherwise resolved, apply to the Employment Relations Authority for the resolution of the grievance under the Employment Relations Act 2000.
To avoid doubt, a complaint referred to in subsection (1) includes, but is not limited to, a complaint about sexual harassment or racial harassment.
For the purposes of subsection (1)(a), an employee makes a complaint when proceedings about that complaint are commenced by the complainant or the Commission.
If an employee makes a complaint under subsection (1)(a), the employee may not exercise or continue to exercise any rights relating to the subject matter of the complaint that the employee may have under the Employment Relations Act 2000.
If an employee applies to the Employment Relations Authority for a resolution of the grievance under subsection (1)(b), the employee may not exercise or continue to exercise any rights relating to the subject matter of the grievance that the employee may have under this Act.
Section 79A: inserted, on 1 December 2004, by section 4 of the Human Rights Amendment Act 2004 (2004 No 88).
The Commission may only take action or further action under this Part in relation to a complaint if the complainant or person alleged to be aggrieved (if not the complainant) informs the Commission that he or she wishes to proceed with the complaint.
The Commission may decline to take action or further action under this Part in relation to a complaint if the complaint relates to a matter of which the complainant or the person alleged to be aggrieved (if not the complainant) has had knowledge for more than 12 months before the complaint is received by the Commission.
The Commission may also decline to take action or further action under this Part in relation to a complaint if, in the Commission’s opinion,—
the subject matter of the complaint is trivial; or
the complaint is frivolous or vexatious or is not made in good faith; or
having regard to all the circumstances of the case, it is unnecessary to take further action in relation to the complaint; or
there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition Parliament or to make a complaint to the Ombudsman, that it would be reasonable for the complainant or the person alleged to be aggrieved (if not the complainant) to exercise.
If the Commission decides to take no action or no further action in relation to a complaint, it must inform the complainant or the person alleged to be aggrieved (if not the complainant) and the person against whom the complaint is made—
of that decision; and
of the reasons for that decision; and
of his or her right, under section 92B, to bring proceedings before the Human Rights Review Tribunal.
Compare: 1977 No 49 s 35; 1981 No 127 s 3
Before gathering information about a complaint, the Commission must comply with subsections (2) and (4).
The Commission must inform the following persons of the Commission’s intention to gather information under section 82, and provide them with general information about the matters stated in subsection (3):
the complainant (if any); and
any person alleged to be aggrieved (if not the complainant); and
the person against whom the complaint is made; and
if the complaint alleges a breach of Part 1A, or alleges a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, the Attorney-General:
any other person or body that the Commission considers relevant.
The matters referred to in subsection (2) are—
rights and obligations under this Act; and
processes that apply to complaints under this Act; and
other services that may help the parties to a complaint secure a settlement of the matter.
The Commission must also inform the person against whom the complaint was made and, if subsection (2)(d) applies, the Attorney-General—
of the details of the complaint (if any); and
of the right of that person and, if subsection (2)(d) applies, of the Attorney-General to submit to the Commission, within a reasonable time, information in response to the complaint.
A requirement under this section to inform a person is satisfied if all reasonable efforts have been made to inform the person.
When the Commission gathers information about a complaint under section 76(2)(b) for the purposes of section 76(2)(c) or (d)—
that process must be conducted in private:
the Commission may hear or obtain information from any persons it thinks fit:
except as provided in section 81(4)(b), no person is entitled as of right to be heard by the Commission.
The Commission must make all reasonable efforts to give all parties concerned all relevant information gathered (if any) by it in relation to a complaint promptly after the information is gathered.
This section applies if at any time it appears to the Commission from a complaint (including one referred back to the Commission by the Director, under section 90(1)(b), or the Tribunal, under section 92D), or from information gathered in relation to the complaint (including any response made under section 81(4)(b)), that it may be possible to reach a settlement.
The Commission must use its best endeavours to assist the parties to secure a settlement.
In this section, settlement—
means the agreement of the parties concerned on actions that settle the matter, which may include the payment of compensation or the tendering of an apology; and
includes a satisfactory assurance by the person to whom the complaint relates against the repetition of the conduct that was the subject matter of the complaint or against further conduct of a similar kind.
The complainant, aggrieved person, or party seeking to enforce a settlement may refer a complaint to the Director so that he or she may decide, under section 90(1)(a) or (c), whether to represent that person in proceedings before the Human Rights Tribunal.
The Commission must promptly inform all parties concerned of every reference of a complaint back to the Commission, whether the reference back is one by the Director, under section 90(1)(b), or one by the Tribunal, under section 92D.
If a complaint is referred back to the Commission by the Director, under section 90(1)(b), or by the Tribunal, under section 92D, the Commission may, without limiting its other powers, require the parties to attend a dispute resolution meeting or other form of mediation designed to facilitate resolution of the complaint.
Except with the consent of the parties or the relevant party, persons referred to in subsection (2) must keep confidential—
a statement, admission, or document created or made for the purposes of a dispute resolution meeting; and
information that is disclosed orally for the purposes of, and in the course of, a dispute resolution meeting.
Subsection (1) applies to every person who—
is a mediator for a dispute resolution meeting; or
attends a dispute resolution meeting; or
is a person employed or engaged by the Commission; or
is a person who assists either a mediator at a dispute resolution meeting or a person who attends a dispute resolution meeting.
No mediator at a dispute resolution meeting may give evidence in any proceedings, whether under this Act or any other Act, about—
the meeting; or
anything related to the meeting that comes to his or her knowledge for the purposes of, or in the course of, the meeting.
No evidence is admissible in any court, or before any person acting judicially, of any statement, admission, document, or information that, under section 85(1), is required to be kept confidential.
Any statement, admission, document, or information disclosed or made to the mediator at a dispute resolution meeting for the purposes of the dispute resolution meeting must not be made available under the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 by a person to whom section 85(1) applies, except with the consent of the parties or the relevant party.
Nothing in section 80(1) or sections 85 to 87—
prevents the discovery or affects the admissibility of any evidence (being evidence that is otherwise discoverable or admissible and that existed independently of the mediation process) just because the evidence was presented for the purposes of, or in the course of, a dispute resolution meeting; or
prevents the gathering of information by the Commission for research or educational purposes so long as the parties and the specific matters in issue between them are not identifiable; or
prevents the disclosure by any person employed or engaged by the Commission to any other person employed or engaged by the Commission of matters that need to be disclosed for the purposes of giving effect to this Act; or
prevents the disclosure of information by any person, if that person has reasonable grounds to believe that disclosure is necessary to prevent, or minimise the danger of, injury to any person or damage to any property.
A settlement between parties to a complaint may be enforced by proceedings before the Tribunal brought under section 92B(4)—
by the complainant (if any) or the aggrieved person (if not the complainant); or
by the person against whom the complaint was made.
The Director’s functions under this Part include, in relation to a complaint,—
deciding, in accordance with sections 91(1) and 92, whether, and to what extent, to provide representation for a party who requests the Director to provide representation in proceedings before the Tribunal or in related proceedings seeking to enforce a settlement reached on a previous occasion (including a settlement secured at a dispute resolution meeting), and providing representation for the party accordingly:
deciding, in accordance with section 91(2), whether to refer the complaint back to the Commission:
deciding, in accordance with sections 91(3) and 92, whether, and to what extent, to provide representation for a complainant, aggrieved person (if not the complainant), or group of persons who requests, or who request, the Director to provide representation in proceedings before the Tribunal or in related proceedings against the person against whom the complaint was made or the Attorney-General, and providing representation for the complainant, aggrieved person, or group of persons, accordingly.
The Director’s functions under this Part include, in relation to a request from the Commission to provide representation in proceedings brought under section 92B, section 92E, or section 97 or in proceedings in which the Commission is entitled to appear and be heard under section 92H, deciding, in accordance with sections 91(3) and 92, whether, and to what extent, to provide representation for the Commission in proceedings before the Tribunal or in related proceedings.
In this section and sections 92 and 92C, related proceedings, in relation to proceedings before the Tribunal, means proceedings of any of the following descriptions:
an appeal to the High Court against a decision of the Tribunal:
proceedings in the High Court arising out of—
the statement of a case under section 122; or
the removal of proceedings or a matter at issue in them under section 122A:
an appeal to the Court of Appeal against a decision of the High Court made in proceedings described in paragraph (a) or paragraph (b):
an appeal to the Supreme Court against—
a decision of the High Court made in proceedings described in paragraph (a) or paragraph (b); or
a decision of the Court of Appeal made in proceedings described in paragraph (c).
Section 90(3): substituted, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
The Director may make a decision under section 90(1)(a) if it appears to him or her that a party has failed to observe the terms of a settlement reached on a previous occasion.
The Director may make a decision under section 90(1)(b) if—
it appears to the Director that the complaint may yet be able to be resolved by the parties and the Commission (for example, by mediation); or
it is unclear to the Director, from information available to him or her, in relation to the complaint, whether a party has failed to observe the terms of a settlement reached on a previous occasion.
The Director may make a decision under section 90(1)(c) or (2) if it appears to him or her that a settlement has not been reached and that no action or further action by the Commission is likely to facilitate a settlement.
In deciding under section 90(1)(a) or (c) or section 90(2) whether, and to what extent, to provide representation for a complainant, aggrieved person, group of persons, party to a settlement of a complaint, or the Commission, the Director—
must have regard to the matters stated in subsection (2):
may have regard to any other matter that the Director considers relevant.
The matters referred to in subsection (1)(a) are—
whether the complaint raises a significant question of law:
whether resolution of the complaint would affect a large number of people (for example, because the proceedings would be brought by or affect a large group of persons):
the level of harm involved in the matters that are the subject of the complaint:
whether the proceedings in question are likely to be successful:
whether the remedies available through proceedings of that kind are likely to suit the particular case:
whether there is likely to be any conflict of interest in the provision by the Director of representation to any person described in subsection (1):
whether the provision of representation is an effective use of resources:
whether or not it would be in the public interest to provide representation.
Promptly after making a decision under section 90(1)(a) or (c), the Director must notify the complainant, aggrieved person, group of persons, or party seeking to enforce a settlement reached on a previous occasion—
of the terms of the decision; and
if the Director has decided not to provide representation for the complainant, aggrieved person, class of persons, or party seeking to enforce a settlement, of the reasons for the decision.
Promptly after making a decision under section 90(2), the Director must notify the Commission—
of the reasons for the decision.
If the Director decides to provide representation to the Commission in proceedings in which the Commission is entitled to be heard under section 92H, but subsequently concludes that there is, or may be, a conflict of interest in the provision, or continued provision, of legal representation by the Director to both the complainant and the Commission, the Director must—
cease to provide representation to the Commission; and
promptly advise the Commission of the Director’s decision.
The Director must report to the Minister, at least once each year and without referring to identifiable individuals concerned, on the Director’s decisions under section 90(1)(a) and (c), and, as soon as practicable, the Minister must present a copy of the report to the House of Representatives.
If a complaint referred to in section 76(2)(a) has been made, the complainant, the person aggrieved (if not the complainant), or the Commission may bring civil proceedings before the Human Rights Review Tribunal—
for a breach of Part 1A (other than a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law), against the person or persons alleged to be responsible for the breach:
for a breach of Part 1A that is an enactment, or an act or omission authorised or required by an enactment or otherwise by law, against the Attorney-General, or against a person or body referred to in section 3(b) of the New Zealand Bill of Rights Act 1990 alleged to be responsible for the breach:
for a breach of Part 2, against the person or persons alleged to be responsible for the breach.
If a complaint under section 76(2)(a) relates to a discriminatory practice alleged to be in breach of Part 1A or Part 2 and to affect a class of persons, proceedings under subsection (1) may be brought by the Commission on behalf of the class of persons affected.
A person against whom a complaint referred to in section 76(2)(a) has been made may bring civil proceedings before the Tribunal in relation to the complaint if no proceedings in relation to the complaint have been brought under subsection (1) by, or on behalf of, the complainant or person aggrieved or a class of persons.
If parties to a complaint under section 76(2)(a) have reached a settlement of the complaint (whether through mediation or otherwise) but one of them is failing to observe a term of the settlement, another of them may bring proceedings before the Tribunal to enforce the settlement.
The rights given by subsections (1), (3), and (4) are not limited or affected just because the Commission or a mediator at a dispute resolution meeting or the Director is taking any action in relation to the complaint concerned.
Despite subsection (2), the Commission may bring proceedings under subsection (1) only if—
the complainant or person aggrieved (if not the complainant) has not brought proceedings; and
the Commission has obtained the agreement of that person before bringing the proceedings; and
it considers that bringing the proceedings will facilitate the performance of its functions stated in section 5(2)(a).
Despite subsections (1) to (6), no proceedings may be brought under this section in respect of a complaint or relevant part of a complaint to which section 79(3) applies.
Proceedings before the Tribunal are to be commenced by the lodging of an application in a form approved by the chief executive of the Ministry of Justice after consultation with the Chairperson of the Tribunal.
Section 92BA: inserted, on 1 December 2004, by section 5 of the Human Rights Amendment Act 2004 (2004 No 88).
Section 92BA: amended, on 29 October 2019, by section 77 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
A party to proceedings before the Tribunal or related proceedings may appear and be heard—
in person, or by a barrister or solicitor provided by the person; or
by a barrister or solicitor provided by the Director if, and to the extent that, the Director has decided, under section 90(1)(a) or (c) or (2), to provide representation for the party in the proceedings.
The Tribunal may, on an application for the purpose by any person, give directions as to the representation, in proceedings before it, of a plaintiff of a kind referred to in section 92N(1) to (3) or of any other party to the proceedings who may be able to bring, take part in, or defend the proceedings, only through a representative.
The Office of Human Rights Proceedings must pay all costs of representation provided—
by the Director for a complainant, aggrieved person, group of persons, or party to a settlement of a complaint; and
in accordance with a decision of the Director under section 90(1)(a) or (c).
The Office of Human Rights Proceedings must pay any award of costs made against a person in proceedings for which representation is provided for that person by the Director.
Any award of costs made in favour of a person in proceedings for which representation is provided for that person by the Director must be paid to the Office of Human Rights Proceedings.
Nothing in this Act limits or affects the entitlement to legal aid (if any) of a party in respect of proceedings or intended proceedings (whether or not representation for the party in the proceedings may, or is to be, is being, or has been, provided in accordance with a decision of the Director under section 90(1)(a) or (c)).
When proceedings under section 92B are brought, the Tribunal or the Chairperson or a Deputy Chairperson—
must (whether through a member or officer) first consider whether an attempt has been made to resolve the complaint (whether through mediation or otherwise); and
must refer the complaint under section 76(2)(a) to which the proceedings relate back to the Commission unless the Tribunal or the Chairperson or a Deputy Chairperson is satisfied that attempts at resolution, or further attempts at resolution, of the complaint by the parties and the Commission—
will not contribute constructively to resolving the complaint; or
will not, in the circumstances, be in the public interest; or
will undermine the urgent or interim nature of the proceedings.
The Tribunal or the Chairperson or a Deputy Chairperson may, at any time before, during, or after the hearing of proceedings, refer a complaint under section 76(2)(a) back to the Commission if it appears to the Tribunal or the Chairperson or a Deputy Chairperson, from what is known to it about the complaint, that the complaint may yet be able to be resolved by the parties and the Commission (for example, by mediation).
The Tribunal or the Chairperson or a Deputy Chairperson may, instead of exercising the power conferred by subsection (2), adjourn any proceedings relating to a complaint under section 76(2)(a) for a specified period if it appears to the Tribunal or the Chairperson or a Deputy Chairperson, from what is known about the complaint, that the complaint may yet be able to be resolved by the parties.
Section 92D heading: amended, on 14 November 2018, by section 78(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 92D(1): amended, on 14 November 2018, by section 78(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 92D(1)(b): amended, on 14 November 2018, by section 78(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
If the Commission considers that an inquiry by it under section 5(2)(h) has disclosed or may have disclosed a breach of a kind referred to in any of paragraphs (a) to (c), it may bring civil proceedings before the Tribunal,—
This section does not limit section 6 or section 92H or section 97.
Section 92E: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
The onus of proving, in any proceedings under this Part, that an act or omission is, under section 5 of the New Zealand Bill of Rights Act 1990, a justified limit on the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990 lies on the defendant.
The onus of proving, in any proceedings under this Part, that conduct is, under any provision of Part 2, excepted from conduct that is unlawful under any provision of Part 2 lies on the defendant.
The Attorney-General may appear and be heard, in person or by a barrister or solicitor,—
in proceedings before the Human Rights Review Tribunal alleging a breach of Part 1A, or alleging a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990:
in proceedings in any of the following courts in relation to proceedings of a kind referred to in paragraph (a) that are or have been before the Human Rights Review Tribunal:
the District Court:
the High Court:
the Court of Appeal:
the Supreme Court.
The right to appear and be heard given by subsection (1) may be exercised whether or not the Attorney-General is or was a party to the proceedings before the Human Rights Review Tribunal.
If, under subsection (1), the Attorney-General appears in any proceedings of a kind described in that subsection, he or she has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses.
Compare: 1977 No 49 s 38A; 1983 No 56 s 13; 1993 No 35 s 3(5)
Section 92G(1)(b)(i): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 92G(1)(b)(iv): added, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
The Commission may appear and be heard, in person or by a barrister or solicitor,—
in proceedings before the Human Rights Review Tribunal; and
in proceedings in any of the following courts in relation to proceedings that are or have been before the Human Rights Review Tribunal:
The right to appear and be heard given by subsection (1) may be exercised—
whether or not the Commission is or was a party to the proceedings before the Human Rights Review Tribunal; but
only if the Commission considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a).
If, under subsection (1), the Commission appears in any proceedings of a kind described in that subsection, it has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses.
This section is not limited by section 92B or section 92E or section 97.
Section 92H(1)(b)(i): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 92H(1)(b)(iv): added, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).
This section is subject to sections 92J and 92K (which relate to the only remedy that may be granted by the Tribunal if it finds that an enactment is in breach of Part 1A).
In proceedings before the Human Rights Review Tribunal brought under section 92B(1) or (4) or section 92E, the plaintiff may seek any of the remedies described in subsection (3) that the plaintiff thinks fit.
If, in proceedings referred to in subsection (2), the Tribunal is satisfied on the balance of probabilities that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint, the Tribunal may grant 1 or more of the following remedies:
a declaration that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint:
an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order:
damages in accordance with sections 92M to 92O:
an order that the defendant perform any acts specified in the order with a view to redressing any loss or damage suffered by the complainant or, as the case may be, the aggrieved person as a result of the breach:
a declaration that any contract entered into or performed in contravention of any provision of Part 1A or Part 2 is an illegal contract:
an order that the defendant undertake any specified training or any other programme, or implement any specified policy or programme, in order to assist or enable the defendant to comply with the provisions of this Act:
relief in accordance with subpart 5 of Part 2 of the Contract and Commercial Law Act 2017 in respect of any such contract to which the defendant and the complainant or, as the case may be, the aggrieved person are parties:
any other relief the Tribunal thinks fit.
It is no defence to proceedings referred to in subsection (2) or subsection (5) that the breach was unintentional or without negligence on the part of the party against whom the complaint was made, but, subject to section 92P, the Tribunal must take the conduct of the parties into account in deciding what, if any, remedy to grant.
In proceedings before the Human Rights Review Tribunal brought, under section 92B(3), by the person against whom a complaint was made, that person may seek a declaration that he or she has not committed a breach of Part 1A or Part 2.
Compare: 1977 No 49 s 38(5), (6), (8); 1983 No 56 s 12(3)
Section 92I(3)(g): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
If, in proceedings before the Human Rights Review Tribunal, the Tribunal finds that an enactment is in breach of Part 1A, the only remedy that the Tribunal may grant is the declaration referred to in subsection (2).
The declaration that may be granted by the Tribunal, if subsection (1) applies, is a declaration that the enactment that is the subject of the finding is inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990.
The Tribunal may not grant a declaration under subsection (2) unless that decision has the support of all or a majority of the members of the Tribunal.
Nothing in this section affects the New Zealand Bill of Rights Act 1990.
A declaration under section 92J does not—
affect the validity, application, or enforcement of the enactment in respect of which it is given; or
prevent the continuation of the act, omission, policy, or activity that was the subject of the complaint.
If a declaration is made under section 92J and that declaration is not overturned on appeal or the time for lodging an appeal expires, the Minister for the time being responsible for the administration of the enactment must present to the House of Representatives—
a report bringing the declaration to the attention of the House of Representatives; and
a report containing advice on the Government’s response to the declaration.
The Minister referred to in subsection (2) must carry out the duties imposed on the Minister by that subsection within 120 days of the date of disposal of all appeals against the granting of the declaration or, if no appeal is lodged, the date when the time for lodging an appeal expires.
In any proceedings under section 92B or section 92E or section 97, the Tribunal may make any award as to costs that it thinks fit, whether or not it grants any other remedy.
Without limiting the matters that the Tribunal may consider in determining whether to make an award of costs under this section, the Tribunal may take into account whether, and to what extent, any party to the proceedings—
has participated in good faith in the process of information gathering by the Commission:
has facilitated or obstructed that information-gathering process:
has acted in a manner that facilitated the resolution of the issues that were the subject of the proceedings.
In any proceedings under section 92B(1) or (4) or section 92E, the Tribunal may award damages against the defendant for a breach of Part 1A or Part 2 or the terms of a settlement of a complaint in respect of any 1 or more of the following:
pecuniary loss suffered as a result of, and expenses reasonably incurred by the complainant or, as the case may be, the aggrieved person for the purpose of, the transaction or activity out of which the breach arose:
loss of any benefit, whether or not of a monetary kind, that the complainant or, as the case may be, the aggrieved person might reasonably have been expected to obtain but for the breach:
humiliation, loss of dignity, and injury to the feelings of the complainant or, as the case may be, the aggrieved person.
This section applies subject to sections 92J, 92N, and 92O and to subpart 1 of Part 2 of the Prisoners’ and Victims’ Claims Act 2005.
Section 92M: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 92M(2): amended, on 4 June 2005, by section 65 of the Prisoners’ and Victims’ Claims Act 2005 (2005 No 74).
If the plaintiff is a minor who is not married or in a civil union, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust or to a person or trustee corporation acting as the manager of any property of the plaintiff.
If the plaintiff is a mentally disordered person within the meaning of section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under the Protection of Personal and Property Rights Act 1988, but who lacks, in the opinion of the Tribunal, the mental capacity to manage his or her own affairs in relation to his or her own property, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust.
If the plaintiff is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988, the Tribunal must ascertain whether the terms of the property order cover management of money received as damages and,—
if damages fall within the terms of the property order, the Tribunal must direct the defendant to pay damages awarded under section 92M to the person or trustee corporation acting as the property manager; or
if damages do not fall within the terms of the property order, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M to Public Trust.
If money is paid to Public Trust under any of subsections (1) to (3),—
sections 103 to 110 of the Contract and Commercial Law Act 2017 applies in the case of a minor who is not married or in a civil union; and
sections 108D, 108F, and 108G of the Protection of Personal and Property Rights Act 1988 apply, with any necessary modifications, in the case of a person referred to in subsection (2) or subsection (3)(b); and
section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any necessary modifications, in the case of a person referred to in subsection (3)(a).
Section 92N: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 92N(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 92N(1): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 92N(3)(b): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 92N(4)(a): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
Section 92N(4)(a): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 92N(4)(b): substituted, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
Section 92N(4)(c): added, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).
If, in any proceedings under this Part, the Tribunal determines that an act or omission is in breach of Part 1A or Part 2 or the terms of a settlement of a complaint, it may, on the application of any party to the proceedings, take 1 or more of the actions stated in subsection (2).
The actions are,—
instead of, or as well as, awarding damages or granting any other remedy,—
to specify a period during which the defendant must remedy the breach; and
to adjourn the proceedings to a specified date to enable further consideration of the remedies or further remedies (if any) to be granted:
to refuse to grant any remedy that has retrospective effect:
to refuse to grant any remedy in respect of an act or omission that occurred before the bringing of proceedings or the date of the determination of the Tribunal or any other date specified by the Tribunal:
to provide that any remedy granted has effect only prospectively or only from a date specified by the Tribunal:
to provide that the retrospective effect of any remedy is limited in a way specified by the Tribunal.
Section 92O: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
In determining whether to take 1 or more of the actions referred to in section 92O, the Tribunal must take account of the following matters:
whether or not the defendant in the proceedings has acted in good faith:
whether or not the interests of any person or body not represented in the proceedings would be adversely affected if 1 or more of the actions referred to in section 92O is, or is not, taken:
whether or not the proceedings involve a significant issue that has not previously been considered by the Tribunal:
the social and financial implications of granting any remedy sought by the plaintiff:
the significance of the loss or harm suffered by any person as a result of the breach of Part 1A or Part 2 or the terms of a settlement of a complaint:
the public interest generally:
any other matter that the Tribunal considers relevant.
If the Tribunal finds that an act or omission is in breach of Part 1A or that an act or omission by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990 is in breach of Part 2, in determining whether to take 1 or more of the actions referred to in section 92O, the Tribunal must, in addition to the matters specified in subsection (1), take account of—
the requirements of fair public administration; and
the obligation of the Government to balance competing demands for the expenditure of public money.
Section 92P: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
Proceedings under section 92B or section 92E may be brought before the Human Rights Review Tribunal irrespective of the amount of damages claimed or the value of the property in respect of which any remedy is sought.
However, except as provided in sections 92R to 92V, the Tribunal must not award any damages or grant any remedy in any proceedings of that kind if the making of that award or the granting of that remedy would, because of the monetary limits contained in sections 74 to 79 of the District Court Act 2016, be beyond the jurisdiction of the District Court.
For the purposes of subsection (2), if civil proceedings under section 92B are brought on behalf of more than 1 complainant or, as the case may be, more than 1 aggrieved person, those proceedings must, for the purpose of applying any monetary limit under subsection (2), be treated as if each complainant or, as the case may be, each aggrieved person on whose behalf those proceedings are brought, were the plaintiff in a separate action against the defendant.
Compare: 1977 No 49 s 41; 1983 No 56 s 15; 1993 No 5 s 3(6)
Section 92Q: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 92Q(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
The Human Rights Review Tribunal must refer the granting of a remedy in any proceedings under section 92B or section 92E to the High Court if the Tribunal is satisfied on the balance of probabilities that a defendant in the proceedings has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint, but that—
the granting of the appropriate remedy under section 92I would be outside the limits imposed by section 92Q; or
that the granting of a remedy in those proceedings would be better dealt with by the High Court.
Section 92R: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
A reference under section 92R is made by sending, to the Registrar of the High Court nearest to where the proceedings were commenced, a report on the proceedings that—
sets out the Tribunal’s finding with regard to the breach of Part 1A or Part 2 or the terms of a settlement of a complaint; and
includes, or is accompanied by, a statement of the considerations to which the Tribunal has had regard in making the reference to that court.
A copy of the report must be given or sent promptly to every party to the proceedings.
Except as provided in this Act, the procedure for a reference under section 92R is the same as the procedure prescribed by rules of court in respect of appeals, and those rules apply with all necessary modifications.
Compare: 1977 No 49 s 42(4)–(6), (8)
Section 92S: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
This section applies where the granting of a remedy in any proceedings under section 92B or section 92E is referred to the High Court under section 92R.
The High Court may direct the Tribunal to amplify any report made under section 92S(1).
Every person who, under section 92S(2), is given or sent a copy of a report under section 92S(1) is entitled to be heard and to tender in the High Court evidence as to the remedy (if any) to be granted on the basis of the Tribunal’s finding that the defendant has committed a breach of Part 1A or Part 2 or the terms of a settlement of a complaint.
However, no person referred to in subsection (3) may, on the reference under section 92R, challenge the finding of the Tribunal referred to in subsection (3).
The High Court must decide, on the basis of the Tribunal’s finding that the defendant has committed a breach of Part 1A or Part 2, whether 1 or more of the remedies set out in section 92I or the remedy set out in section 92J is to be granted.
Compare: 1977 No 49 s 42(2), (5), (6)
Section 92T: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
Every decision of the High Court under section 92T(5)—
must be remitted to the Tribunal for inclusion in its determination with regard to the proceedings; and
has effect as part of that determination despite the limits imposed by section 92Q.
Nothing in subsection (1)—
limits sections 123 to 125; or
prevents the making of an appeal in accordance with section 123 in respect of a determination of the Tribunal in which a decision of the High Court is included in accordance with subsection (1)(a).
Section 92U: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
This section applies where the Tribunal would have jurisdiction in any proceedings under section 92B or section 92E to make an award of damages in accordance with section 92M if the amount of the award were within the limit for the time being fixed by section 74(1) of the District Court Act 2016 (as applied by section 92Q(2)).
The Tribunal may make an award within that limit if the plaintiff abandons the excess.
An award of damages in those proceedings in accordance with section 92M operates to discharge from liability in respect of the amount abandoned in that way any person against whom the proceedings are brought and the subsequent award is made.
This section overrides sections 92Q to 92U.
Section 92V: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 92V(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
If, in any proceedings under section 92B or section 92E, only section 92Q prevents the Tribunal from granting any 1 or more of the remedies stated in section 92I, and the parties to the proceedings, by memorandum signed by them or their respective solicitors or agents, agree that the Tribunal is to have jurisdiction to grant any 1 or more of those remedies irrespective of section 92Q, the Tribunal has jurisdiction to grant 1 or more of those remedies accordingly.
Section 92W: inserted, on 1 January 2002, by section 9 of the Human Rights Amendment Act 2001 (2001 No 96).
Part 4 Human Rights Review Tribunal
Part 4 heading: substituted, on 1 January 2002, by section 10 of the Human Rights Amendment Act 2001 (2001 No 96).
The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal.
Compare: 1977 No 49 s 45; 1993 No 35 s 3(1)
Section 93 heading: amended, on 1 January 2002, by section 11(a) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 93: amended, on 1 January 2002, by section 11(b) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 93: amended, on 1 January 2002, by section 11(c) of the Human Rights Amendment Act 2001 (2001 No 96).
The functions of the Tribunal shall be—
to consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95, and 97:
to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment.
Section 94(a): amended, on 1 January 2002, by section 12 of the Human Rights Amendment Act 2001 (2001 No 96).
In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Chairperson or a Deputy Chairperson of the Tribunal shall have power to make an interim order if he or she is satisfied that it is necessary in the interests of justice to make the order to preserve the position of the parties pending a final determination of the proceedings.
An application for an interim order may be made,—
in the case of proceedings under section 92B(1), (2), (3), or (4), by the person or body bringing the proceedings; and
in the case of proceedings under section 92E, by the Commission.
A copy of the application shall be served on the defendant who shall be entitled to be heard before a decision on the application is made.
Compare: 1977 No 49 s 46A; 1993 No 35 s 4(1)
Section 95(1): amended, on 14 November 2018, by section 79 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 95(2): substituted, on 1 January 2002, by section 13 of the Human Rights Amendment Act 2001 (2001 No 96).
Where an interim order has been made, the defendant may, with the leave of the Tribunal and instead of appealing against the order, apply to the High Court to vary or rescind the order unless that order was made with the defendant’s consent.
Compare: 1977 No 49 s 46B; 1993 No 35 s 4(1)
The Tribunal may exercise the power referred to in subsection (2), but only—
in respect of a matter in which it has jurisdiction under this Act to make a final determination; and
on an application by the Commission, a person or persons against whom a complaint under section 76(2)(a) has been made, or a person who is the subject of an inquiry under section 5(2)(h).
The power is to declare that an act, omission, practice, requirement, or condition that would otherwise be unlawful under Part 2 is not unlawful because it constitutes either or both—
a genuine occupational qualification, in respect of sections 22 to 41:
a genuine justification, in respect of sections 42 to 60.
Section 97: substituted, on 1 January 2002, by section 14 of the Human Rights Amendment Act 2001 (2001 No 96).
The Tribunal shall consist of—
the Chairperson or a Deputy Chairperson or, if section 103B applies, the Chairperson and a Deputy Chairperson; and
2 other persons appointed by the Chairperson for the purposes of each hearing from a panel maintained by the Minister under section 101.
Section 98(a): replaced, on 14 November 2018, by section 80 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
The Chairperson of the Tribunal must be appointed by the Governor-General, on the recommendation of the Minister.
Section 99: replaced, on 14 November 2018, by section 81 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
One or more Deputy Chairpersons of the Tribunal may be appointed by the Governor-General, on the recommendation of the Minister.
Section 99AA: inserted, on 14 November 2018, by section 81 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
In recommending a person for appointment as the Chairperson or a Deputy Chairperson of the Tribunal, the Minister must have regard not only to the matters stated in section 101(2) but also to the person’s—
experience in dispute resolution:
experience as a Chairperson or a Deputy Chairperson and in other leadership roles:
ability to perform the functions of the Chairperson or a Deputy Chairperson of the Tribunal.
Every person appointed as the Chairperson or a Deputy Chairperson of the Tribunal must be a barrister or solicitor of the High Court of not less than 5 years’ practice.
Section 99A: inserted, on 1 January 2002, by section 15 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 99A heading: amended, on 14 November 2018, by section 82(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 99A(1): amended, on 14 November 2018, by section 82(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 99A(1)(b): amended, on 14 November 2018, by section 82(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 99A(1)(c): amended, on 14 November 2018, by section 82(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Except as otherwise provided in section 103, every person appointed as the Chairperson or a Deputy Chairperson of the Tribunal shall hold office for such term, not exceeding 5 years, as the Governor-General on the recommendation of the Minister shall specify in the instrument appointing the Chairperson or Deputy Chairperson.
Any person appointed as the Chairperson or a Deputy Chairperson may hold that office concurrently with any other office held by him or her and may from time to time be reappointed.
Where the term for which the Chairperson or a Deputy Chairperson expires, the Chairperson or that Deputy Chairperson, unless sooner vacating or removed from office under section 103, continues to hold office, by virtue of the appointment for the term that has expired until—
the Chairperson or that Deputy Chairperson is reappointed; or
a successor to the Chairperson or that Deputy Chairperson is appointed; or
in the case of a Deputy Chairperson, that Deputy Chairperson is informed in writing by the Minister that the Deputy Chairperson is not to be reappointed and that a successor to that Deputy Chairperson is not to be appointed.
The Chairperson or a Deputy Chairperson who continues in office for any period under subsection (4) may act as the Chairperson or a Deputy Chairperson during and after that period for the purpose of—
completing any proceedings partly or wholly heard by the Tribunal before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4):
hearing any other proceedings commenced before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4).
The Chairperson or a Deputy Chairperson who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
Section 100(1): repealed, on 1 January 2002, by section 16 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 100(2): amended, on 14 November 2018, by section 83(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 100(4): replaced, on 14 November 2018, by section 83(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 100(5): inserted, on 14 November 2018, by section 83(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
The Minister must maintain a panel of any number of persons that may be required to ensure—
the efficient and expeditious exercise of the jurisdiction of the Tribunal throughout New Zealand; and
the performance of other functions under this Act or any other enactment requiring the participation of members of the panel.
The Minister must specify a period of up to 5 years for which a person is approved as a member of the panel.
The Minister may approve the inclusion of a person on the panel for further periods of up to 5 years.
In considering the suitability of persons for inclusion on the panel, the Minister must have regard to the need for persons included on the panel to have between them knowledge of, or experience in,—
different aspects of matters likely to come before the Tribunal:
public administration, or the law relating to public administration:
cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society.
At least 3 members of the panel must be barristers or solicitors of the High Court of not less than 5 years’ practice.
The name of a person shall be removed from the panel if—
the person dies or is, under the Insolvency Act 2006, adjudged bankrupt; or
the Minister directs that the name of the person be removed from the panel for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister; or
a period of up to 5 years has elapsed since the date on which the Minister last approved the entry of the person’s name; or
the person requests by writing addressed to the Minister that his or her name be removed.
If subsection (3)(c) or (d) applies, or the period for which a person is approved as a member of the panel expires, the person may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
Compare: 1977 No 49 s 47C; 1993 No 35 s 5(1)
Section 101(1A): inserted, on 14 November 2018, by section 84(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 101(1B): inserted, on 14 November 2018, by section 84(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 101(2): substituted, on 1 January 2002, by section 17 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 101(2A): inserted, on 1 January 2002, by section 17 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 101(3)(a): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
Section 101(3)(c): amended, on 14 November 2018, by section 84(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Subject to any directions issued by the Chairperson, a Deputy Chairperson of the Tribunal has all the functions, duties, and powers of the Chairperson.
Section 101A: inserted, on 14 November 2018, by section 85 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
The Chairperson of the Tribunal may delegate any of the Chairperson’s functions, duties, and powers to a member of the panel who—
the Chairperson is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers; and
satisfies the criteria set out in section 99A for appointment as the Chairperson.
A delegation—
must be in writing; and
must be to a named person; and
is revocable at any time, in writing; and
does not prevent the performance or exercise of a function, duty, or power by the Chairperson.
A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 119 for work undertaken in that capacity.
Section 101B: inserted, on 14 November 2018, by section 85 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Unless the context otherwise requires, a reference in this Act or regulations made under this Act to the Chairperson includes—
a Deputy Chairperson appointed under section 99AA; or
a person to whom the functions, powers, and duties of the Chairperson are delegated under section 101B; or
a temporary acting Chairperson appointed under section 102.
Section 101C: inserted, on 14 November 2018, by section 85 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
If the Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Chairperson considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting Chairperson for the period or purpose stated in the appointment.
No person may be appointed as the acting Chairperson unless he or she is eligible for appointment as the Chairperson.
The acting Chairperson is, while acting in the position, to be treated as the Chairperson of the Tribunal.
No appointment of the acting Chairperson, no act done by the acting Chairperson, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.
Section 102: replaced, on 14 November 2018, by section 86 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
The Chairperson, a temporary acting Chairperson, and any Deputy Chairperson of the Tribunal may at any time resign his or her office by delivering a notice in writing to that effect to the Minister.
The Chairperson, a temporary acting Chairperson, and any Deputy Chairperson of the Tribunal shall be deemed to have vacated his or her office if he or she dies or is, under the Insolvency Act 2006, adjudged bankrupt.
The Chairperson, a temporary acting Chairperson, and any Deputy Chairperson of the Tribunal may at any time be removed from office by the Governor-General for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.
Section 103 heading: amended, on 14 November 2018, by section 87(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 103(2): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
The Chairperson of the Tribunal is responsible for making such arrangements as are practicable to ensure that, in relation to the work of the Tribunal, the Chairperson, each Deputy Chairperson and each member of the panel performs their functions—
in an orderly and efficient manner; and
in a way that achieves the purposes of this Act or any other enactment.
The Chairperson of the Tribunal may direct, for the purposes of any particular proceedings, that the Tribunal be constituted by—
the Chairperson; and
a Deputy Chairperson; and
two panel members.
The Chairperson of the Tribunal may give a direction under subsection (1) if he or she is satisfied that—
the proceedings are unusually complex or difficult; or
it is desirable for training purposes that the Tribunal be constituted in this way.
Sittings of the Tribunal shall be held at such times and places as the Tribunal, the Chairperson, or a Deputy Chairperson from time to time appoints.
Any sitting may be adjourned from time to time and from place to place by the Tribunal or the Chairperson or a Deputy Chairperson or by the Secretary to the Tribunal.
No sitting of the Tribunal shall take place unless all the members are present, but the decision of a majority of the members shall be the decision of the Tribunal.
The Chairperson or a Deputy Chairperson shall preside at all sittings of the Tribunal.
Despite anything in this Act to the contrary, the Tribunal or the Chairperson or a Deputy Chairperson may determine a proceeding on the papers if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate.
Before doing so, the Tribunal or the Chairperson or a Deputy Chairperson must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate and the necessary facilities are available.
The Tribunal may regulate its procedure as it thinks fit, subject to this Act and any regulations made under it, and any practice notes issued under section 121A.
Forms for use in the Tribunal may be approved by the chief executive of the Ministry of Justice after consulting the Chairperson.
Section 104(4C): inserted, on 14 November 2018, by section 89(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 104(6): inserted, on 29 October 2019, by section 89(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
The Tribunal must act according to the substantial merits of the case, without regard to technicalities.
In exercising its powers and functions, the Tribunal must act—
in accordance with the principles of natural justice; and
in a manner that is fair and reasonable; and
according to equity and good conscience.
Section 105: substituted, on 1 January 2002, by section 18 of the Human Rights Amendment Act 2001 (2001 No 96).
The Tribunal may—
call for evidence and information from the parties or any other person:
request or require the parties or any other person to attend the proceedings to give evidence:
fully examine any witness:
receive as evidence any statement, document, information, or matter that may, in its opinion, assist to deal effectively with the matter before it, whether or not it would be admissible in a court of law.
The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath.
The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath.
Subject to subsections (1) to (3), the Evidence Act 2006 shall apply to the Tribunal in the same manner as if the Tribunal were a court within the meaning of that Act.
Section 106(4): amended, on 1 August 2007, by section 216 of the Evidence Act 2006 (2006 No 69).
Except as provided by subsections (2) and (3), every hearing of the Tribunal shall be held in public.
The Tribunal may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.
Where the Tribunal is satisfied that it is desirable to do so, the Tribunal may, of its own motion or on the application of any party to the proceedings,—
order that any hearing held by it be heard in private, either as to the whole or any portion thereof:
make an order prohibiting the publication of any report or account of the evidence or other proceedings in any proceedings before it (whether heard in public or in private) either as to the whole or any portion thereof:
make an order prohibiting the publication of the whole or part of any books or documents produced at any hearing of the Tribunal.
Every person commits an offence and is liable on conviction to a fine not exceeding $3,000 who acts in contravention of any order made by the Tribunal under subsection (3)(b) or subsection (3)(c).
Section 107(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Any person who is a party to the proceedings before the Tribunal, and any person who satisfies the Tribunal that he or she has an interest in the proceedings greater than the public generally, may appear and may call evidence on any matter that should be taken into account in determining the proceedings.
If any person who is not a party to the proceedings before the Tribunal wishes to appear, the person must give notice to the Tribunal and to every party before appearing.
A person who has a right to appear or is allowed to appear before the Tribunal may appear in person or be represented by his or her counsel or agent.
The Tribunal must notify the Attorney-General promptly of the bringing of proceedings before the Tribunal alleging a breach of Part 1A, or alleging a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, if the Attorney-General is not a party to the proceedings.
Section 108A: inserted, on 1 January 2002, by section 21 of the Human Rights Amendment Act 2001 (2001 No 96).
Before the Tribunal grants any remedy under Part 3, it must give the parties to the proceedings and, if the remedy under consideration is a declaration under section 92J, the Attorney-General, an opportunity to make submissions on—
the implications of granting that remedy; and
the appropriateness of that remedy.
Subsection (1) does not limit any provision in Part 3 or section 108.
Section 108B: inserted, on 1 January 2002, by section 21 of the Human Rights Amendment Act 2001 (2001 No 96).
The Tribunal may, if it considers it necessary, of its own motion, or on the application of any party to the proceedings, issue a witness summons to any person requiring that person to attend before the Tribunal to give evidence at the hearing of the proceedings.
The witness summons shall state—
the place where the person is to attend; and
the date and time when the person is to attend; and
the papers, documents, records, or things which that person is required to bring and produce to the Tribunal; and
the entitlement to be tendered or paid a sum in respect of allowances and travelling expenses; and
the penalty for failing to attend.
The power to issue a witness summons may be exercised by the Tribunal or the Chairperson or a Deputy Chairperson, or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal or the Chairperson or a Deputy Chairperson.
Section 109(1): amended, on 1 January 2002, by section 22 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 109(3): amended, on 14 November 2018, by section 90 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
A witness summons may be served by—
delivering the summons personally to the witness or, if he or she refuses to accept it, bringing it to his or her attention; or
delivering the summons to the witness at his or her usual place of residence by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the witness.
The summons shall,—
where it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is required; or
where it is served under subsection (1)(b), be served at least 8 working days before the date on which the attendance of the witness is required.
Section 110(2)(b): amended, on 14 November 2018, by section 91(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 110(3): repealed, on 14 November 2018, by section 91(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Every witness attending before the Tribunal to give evidence pursuant to a summons shall be entitled to be paid witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations shall apply accordingly.
On each occasion on which the Tribunal issues a summons under section 109(1), the Tribunal, or the person exercising the power of the Tribunal under subsection (3) of that section, shall fix an amount which, on the service of the summons, or at some other reasonable time before the date on which the witness is required to attend, shall be paid or tendered to the witness.
The amount fixed under subsection (2) shall be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Tribunal or person, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.
Where a party to the proceedings has requested the issue of the witness summons, the fees, allowances, and travelling expenses payable to the witness shall be paid by that party.
Where the Tribunal has of its own motion issued the witness summons, the Tribunal may direct that the amount of those fees, allowances, and travelling expenses—
form part of the costs of the proceedings; or
be paid from money appropriated by Parliament for the purpose.
Witnesses and counsel appearing before the Tribunal shall have the same privileges and immunities as witnesses and counsel have in proceedings in the District Court.
Section 112: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any papers, documents, records, or things, without sufficient cause,—
fails to attend in accordance with the summons; or
refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer concerning the proceedings; or
fails to produce any such paper, document, record, or thing.
Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,500.
No person summoned to attend before a Tribunal shall be convicted of an offence against subsection (1) unless there was tendered or paid to that person travelling expenses in accordance with section 111.
Subpart 2 of Part 2 and sections 25 and 26(1) and (2) of the Contempt of Court Act 2019 apply with the necessary modifications to proceedings of the Tribunal.
Those provisions apply to proceedings of the Tribunal as if—
references to a court include the Tribunal; and
references to a Judge include a Chairperson of the Tribunal; and
references to a judicial officer include a member of the Tribunal; and
references to an officer of the court include an officer of the Tribunal;
section 11(2)(b) of that Act does not apply if there is only 1 Chairperson of the Tribunal.
Section 114: replaced, on 26 August 2020, by section 29 of the Contempt of Court Act 2019 (2019 No 44).
The Tribunal may at any time dismiss any proceedings brought under section 92B or section 92E if it is satisfied that they are trivial, frivolous, or vexatious or are not brought in good faith.
Section 115: amended, on 1 January 2002, by section 23 of the Human Rights Amendment Act 2001 (2001 No 96).
The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
discloses no reasonable cause of action; or
is likely to cause prejudice or delay; or
is frivolous or vexatious; or
is otherwise an abuse of process.
If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
if the party is required to be present, strike out the proceeding; or
determine the proceeding in the absence of the party; or
adjourn the hearing.
This section applies to the following decisions of the Tribunal:
a decision to grant 1 or more of the remedies described in section 92I or the remedy described in section 92J or an order under section 95:
a decision to make a declaration under section 97:
a decision to dismiss proceedings brought under section 92B or section 92E or section 95 or section 97.
Every decision to which this section applies must be in writing and must show the Tribunal’s reasons for the decision, including—
relevant findings of fact; and
explanations and findings on relevant issues of law; and
conclusions on matters or issues it considers require determination in order to dispose of the matter.
The Tribunal must notify the parties, the Attorney-General, and the Human Rights Commission of every decision of the Tribunal.
The Tribunal shall have a seal, which shall be judicially noticed in all courts and for all purposes.
No member of the Tribunal shall be personally liable for any act done or omitted to be done by the Tribunal or any member thereof in good faith in pursuance or intended pursuance of the functions, duties, powers, or authorities of the Tribunal.
A member of the Tribunal is entitled—
to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
For the purposes of subsection (1), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.
Section 119: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The Ministry of Justice shall furnish such secretarial, recording, and clerical services as may be necessary to enable the Tribunal to discharge its functions.
The cost of any services provided by the Ministry of Justice pursuant to this section shall be paid from public money appropriated by Parliament for the purpose.
Section 120(1): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
The following orders made by the Tribunal may, on registration of a certified copy in the District Court, be enforced in all respects as if they were an order of that court:
an order for the award of costs under section 92L; and
an order for the award of damages under section 92M; and
an interim order under section 95.
Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who contravenes or refuses to comply with any other order of the Tribunal made under section 92I or an interim order of the Tribunal made under section 95.
Section 121(1): substituted, on 1 January 2002, by section 25(1) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 121(2): amended, on 1 January 2002, by section 25(2) of the Human Rights Amendment Act 2001 (2001 No 96).
The Chairperson of the Tribunal may issue practice notes as he or she considers appropriate.
The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of the other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal.
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
information about the purpose of the Tribunal and how to commence a proceeding:
any requirements that must be met for a proceeding:
guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
Section 121B: inserted, on 29 October 2019, by section 95 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
A final written decision may be published in part if there is good reason for not publishing the full decision.
Subsections (1) and (2) are subject to section 107(3).
Good reason not to publish a decision, or part of it, includes the following:
non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
the decision falls into a category of decisions that are of limited public value:
taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the Tribunal and is either of the following:
a written reserved decision following an oral hearing:
a written decision in any case considered on the papers.
Section 121C: inserted, on 29 October 2019, by section 95 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
The Tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the proceedings or of its own motion, state a case for the opinion of the High Court on any question of law arising in any proceedings before the Tribunal.
If, in any proceedings before the Tribunal, the validity of any regulation is questioned, the Tribunal must, unless it considers that there is no arguable case in support of the contention that the regulation is invalid, either—
state a case for the opinion of the High Court on the relevant question or questions of law; or
if the leave of the High Court is obtained, order, under section 122A(1), that the proceedings before it or the relevant matter or matters at issue be removed to the High Court for determination.
The Tribunal shall give notice to the parties to the proceedings of the Tribunal’s intention to state a case under this section, specifying the registry of the High Court in which the case is to be filed.
Except where the Tribunal intends to state the case of its own motion, the question shall be in the form of a special case drawn up by the parties to the proceedings, and, if the parties do not agree, to be settled by the Tribunal.
Where the Tribunal intends to state the case of its own motion, it shall itself state and sign a case setting forth the facts and questions of law arising for the determination of the High Court.
The High Court shall hear and determine any question submitted to it under this section, and shall remit the case with its opinion to the Tribunal.
The Tribunal may, with the leave of the High Court, order that proceedings before it under this Act, or a matter at issue in them, be removed to the High Court for determination.
The Tribunal may make an order under this section, with the leave of the High Court, before or during the hearing, and either on the application of a party to the proceedings or on its own initiative, but only if—
an important question of law is likely to arise in the proceedings or matter other than incidentally; or
the validity of any regulation is questioned in proceedings before the Tribunal (whether on the ground that it authorises or requires unjustifiable discrimination in circumstances where the statutory provision purportedly empowering the making of the regulation does not authorise the making of a regulation authorising or requiring unjustified discrimination, or otherwise); or
the nature and the urgency of the proceedings or matter mean that it is in the public interest that they or it be removed immediately to the High Court; or
the High Court already has before it other proceedings, or other matters, that are between the same parties and involve issues that are the same as, or similar or related to, those raised by the proceedings or matter; or
the Tribunal is of the opinion that, in all the circumstances, the High Court should determine the proceedings or matter.
Despite subsection (2), if the validity of any regulation is questioned in proceedings before the Tribunal and the leave of the High Court is obtained for the making of an order under this section, the Tribunal must make an order under this section.
If the Tribunal declines to remove proceedings, or a matter at issue in them, to the High Court (whether as a result of the refusal of the High Court to grant leave or otherwise), the party applying for the removal may seek the special leave of the High Court for an order of the High Court that the proceedings or matter be removed to the High Court and, in determining whether to grant an order of that kind, the High Court must apply the criteria stated in subsection (2)(a) to (d).
An order for removal to the High Court under this section may be made subject to any conditions the Tribunal or the High Court, as the case may be, thinks fit.
Nothing in this section limits section 122.
If the Tribunal, acting under section 122A, orders the removal of proceedings, or a matter at issue in them, to the High Court, unless section 122A(2)(b) applies the High Court may, if it considers that the proceedings or matter ought instead to be determined by the Tribunal, order that the Tribunal determine the matter.
If the Tribunal, under section 122A, orders that proceedings, or a matter at issue in them, be removed to the High Court, and the High Court makes no order under subsection (1),—
the High Court must determine the proceedings or matter and may exercise any power that the Tribunal could have exercised in, or in relation to, the proceedings or matter; and
a party to the proceedings may, under section 124, appeal to the Court of Appeal against the determination of the High Court on a question of law arising in the proceedings.
Where any party is dissatisfied with any interim order made by the Chairperson or a Deputy Chairperson under section 95, that party may appeal to the High Court against the whole or part of that order.
A party to a proceeding under section 92B or section 92E may appeal to the High Court against all or any part of a decision of the Tribunal—
dismissing the proceeding; or
granting 1 or more of the remedies described in section 92I; or
granting the remedy described in section 92J; or
refusing to grant the remedy described in section 92J; or
constituting a final determination of the Tribunal in the proceeding.
For the purposes of subsection (2)(d), the Tribunal does not in a proceeding refuse to grant the remedy described in section 92J unless—
a party to the proceeding expressly applies to the Tribunal for the remedy in relation to a particular enactment; and
the Tribunal does not grant the remedy in relation to that enactment.
Where any party is dissatisfied with any decision of the Tribunal making a declaration under section 97, that party may appeal to the High Court against the whole or any part of that decision.
Every appeal under this section shall be made by giving notice of appeal within 22 working days after the date of the giving by the Tribunal in writing of the decision to which the appeal relates.
In determining any appeal under this section the High Court shall have the powers conferred on the Tribunal by sections 105 and 106, and those sections shall apply accordingly with such modifications as are necessary.
In its determination of any appeal, the court may—
confirm, modify, or reverse the order or decision appealed against, or any part of that order or decision:
exercise any of the powers that could have been exercised by the Tribunal in the proceedings to which the appeal relates.
Notwithstanding anything in subsection (6), the court may in any case, instead of determining any appeal, refer to the Tribunal, in accordance with the rules of court, for further consideration by the Tribunal, the whole or any part of the matter to which the appeal relates.
Subject to the provisions of this Act, the procedure in respect of any such appeal shall be in accordance with the rules of court.
Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the Tribunal or the High Court so orders.
Section 123(2): substituted, on 1 January 2004, by section 47 of the Supreme Court Act 2003 (2003 No 53).
Section 123(2A): inserted, on 1 January 2004, by section 47 of the Supreme Court Act 2003 (2003 No 53).
Any party to any proceedings before the High Court under this Act may, with the leave of the High Court, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in those proceedings:
provided that, if the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.
A party desiring to appeal to the Court of Appeal under this section shall, within 15 working days after the determination of the High Court, or within such further time as that court may allow, give notice of his or her application for leave to appeal in such manner as may be directed by the rules of that court, and the High Court may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 15 working days after the refusal of the High Court or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by the rules of that court, for special leave to appeal to that court, and the Court of Appeal may grant leave accordingly if, in the opinion of that court, the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.
The same judgment must be entered in the High Court, and the same execution and other consequences and proceedings must follow on it, as if the decision of the Court of Appeal on an appeal under this section had been given in the High Court.
The decision of the Court of Appeal on any application to that court for leave to appeal shall be final.
The High Court shall have power to make such order as to the whole or any part of the costs of an appeal under section 123 as may seem just but every order for costs shall follow the outcome of the appeal unless the court otherwise orders.
For the purpose of the exercise by the High Court of its jurisdiction and powers—
under section 92T; or
under section 123 in respect of any appeal under section 123(2) or section 123(3) in which a question of fact is involved,—
there shall be 2 additional members of the court who shall be persons appointed by a Judge of the court for the purposes of the hearing or appeal from the panel maintained by the Minister under section 101.
Before entering upon the exercise of the duties of their office, the additional members shall take an oath before a Judge of the High Court that they will faithfully and impartially perform the duties of their office.
The presence of a Judge of the High Court and of at least 1 additional member shall be necessary to constitute a sitting of the court.
The decision of a majority (including the Judge, or, where more than 1 Judge sits, including a majority of the Judges) of the members present at a sitting of the court shall be the decision of the court. If the members present are equally divided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the court.
If any question before the court cannot be decided in accordance with subsection (4), the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that court, which for the purpose shall have all the powers of the court under this Act. The decision of the Court of Appeal in any proceedings under this subsection shall be final and shall take effect and be entered as if it were a decision of the court under this Act.
An additional member is entitled—
Section 126(1)(a): amended, on 1 January 2002, by section 29(a) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 126(1)(b): amended, on 1 January 2002, by section 29(b) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 126(6): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 126(7): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Part 5 Powers in relation to inquiries
Part 5 heading: amended, on 1 January 2002, by section 30 of the Human Rights Amendment Act 2001 (2001 No 96).
Any District Court Judge who is satisfied, on an application made by the Commission in accordance with subsection (3), that any person can provide information, documents, or things, or give evidence, that will or may be relevant to a specified inquiry, may make an order—
requiring that person to produce to the Commission any information, or documents, or things specified in the order; or
requiring that person to give evidence to the Commission about matters that, in the opinion of the District Court Judge, are relevant to the inquiry.
If an order is made under subsection (1)(a), the District Court Judge may, as a condition of the order, require the Commission to reimburse the person who is the subject of the order for the actual and reasonable expenses incurred by that person in complying with the order or in producing any specified class of information, documents, or things.
An application by the Commission for an order under subsection (1) must be in writing and must—
set out the reasons why the order is sought; and
if an order is sought under subsection (1)(a), set out the information, documents, or things in respect of which the order is sought; and
explain why the information, documents, things, or evidence in question will or may be relevant to the inquiry.
In this section, specified inquiry means an inquiry by the Commission under section 5(2)(h) into the contravention or possible contravention by any person of New Zealand law relating to human rights.
For the avoidance of doubt, nothing in this section requires the Commission in the exercise of its inquiry function under section 5(2)(h) to obtain an order under subsection (1).
Section 126A(5): inserted, on 15 June 2016, by section 15 of the Human Rights Amendment Act 2016 (2016 No 28).
The Commission may, by notice in writing, require any person who is the subject of an order under section 126A(1)(a) to provide any information, and to produce any documents or things in the possession of or under the control of that person, that are specified in the order.
The Commission may summon before it, and examine on oath, any person who is subject to an order under section 126A(1)(b), in accordance with the terms of the order, and a Commissioner may for that purpose administer an oath to the person summoned.
Every such examination by a Commission shall be deemed to be a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).
Every person shall have the same privileges in relation to the giving of information to, the answering of questions put by, and the production of documents and things to, a Commission as witnesses have in any court.
No person shall be required to supply any information to or to answer any question put by a Commission in relation to any matter, or to produce to a Commission any document or paper or thing relating to any matter, in any case where compliance with that requirement would be in breach of an obligation of secrecy or non-disclosure imposed on that person by the provisions of any Act or regulations, other than the Official Information Act 1982.
No person shall be liable to prosecution for an offence against any enactment, other than section 143, by reason of that person’s compliance with any requirement of a Commission under section 127.
Where the attendance of any person is required by a Commission under section 127, the person shall be entitled to the same fees, allowances, and expenses as if the person were a witness in a court and, for the purpose,—
the provisions of any regulations in that behalf under the Criminal Procedure Act 2011 shall apply accordingly; and
the Commission shall have the powers of a court under any such regulations to fix or disallow, in whole or in part, or to increase, any amounts payable under the regulations.
Compare: 1977 No 49 s 73(3), (4), (6), (7)
Section 128(4)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 128(4)(b): amended, on 1 January 2002, by section 33 of the Human Rights Amendment Act 2001 (2001 No 96).
the Prime Minister certifies that the giving of any information or the answering of any question or the production of any document or thing might prejudice the security, defence, or international relations of New Zealand (including New Zealand’s relations with the government of any other country or with any international organisation); or
the Attorney-General certifies that the giving of any information or the answering of any question or the production of any document or thing—
might prejudice the prevention, investigation, or detection of offences; or
might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confidential nature, and such disclosure would be injurious to the public interest,—
the Commission shall not require the information to be given, or, as the case may be, the document or thing to be produced.
Subject to the provisions of subsection (1), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by a Commission.
Sections 120 to 126 of the Crown Entities Act 2004 apply except to the extent provided in subsections (2) and (2A) (which set out special rules relating to proceedings under section 131 (which relates to inciting racial disharmony)).
No proceedings under section 131 lie against any Commissioner or person engaged or employed in connection with the work of the Commission and the Director of Human Rights Proceedings (relevant person) for anything he or she may do or report or say in the course of the exercise or intended exercise of his or her duties under this Act, unless it is shown that he or she acted in bad faith.
Sections 122 to 126 of the Crown Entities Act 2004 then apply as if the conduct for which a relevant person may be indemnified or insured under those sections included conduct that is covered by the immunity in subsection (2).
No relevant person can be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.
Nothing in subsection (2) applies in respect of proceedings for—
an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or
the offence of attempting or conspiring to commit an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961.
Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry by, or proceedings before, the Commission or a Commissioner under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court.
For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report made by the Commission or a Commissioner under this Act shall be deemed to be an official report made by a person holding an inquiry under the authority of the Parliament of New Zealand.
Compare: 1971 No 150 s 20; 1977 No 49 s 76; 1982 No 156 s 50; 1991 No 126 s 29; 1993 No 35 s 6
Section 130(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 130(2B): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 130(3)(a): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
Section 130(3)(b): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
Section 130(4): amended, on 1 January 2002, by section 35(b) of the Human Rights Amendment Act 2001 (2001 No 96).
Part 6 Inciting racial disharmony
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $7,000 who, with intent to excite hostility or ill-will against, or bring into contempt or ridicule, any group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons,—
publishes or distributes written matter which is threatening, abusive, or insulting, or broadcasts by means of radio or television words which are threatening, abusive, or insulting; or
uses in any public place (as defined in section 2(1) of the Summary Offences Act 1981), or within the hearing of persons in any such public place, or at any meeting to which the public are invited or have access, words which are threatening, abusive, or insulting,—
being matter or words likely to excite hostility or ill-will against, or bring into contempt or ridicule, any such group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
For the purposes of this section, publishes or distributes and written matter have the meaning given to them in section 61.
Compare: 1971 No 150 s 25; 1977 No 49 s 86
No prosecution for an offence against section 131 shall be instituted without the consent of the Attorney-General.
Compare: 1971 No 150 s 26
Part 7 Miscellaneous provisions
Where any person is licensed or registered under any enactment to carry on any occupation or activity or where any premises or vehicle are registered or licensed for any purpose under any enactment, and where the person or other authority authorised to renew, revoke, cancel, or review any such licence or registration is satisfied—
that in the carrying on of the occupation or activity; or
that in the use of the premises or vehicle,—
there has been a breach of any of the provisions of Part 2, the person or authority, in addition to any other powers which that person or authority has, but subject to subsection (2), may refuse to renew or may revoke or cancel any such licence or registration, as the case may require, or may impose any other penalty authorised by the enactment, whether by way of censure, fine, or otherwise.
Any procedural requirements of the enactment, including any whereby a complaint is a prerequisite to the exercise by the person or authority of its powers under the enactment, shall be observed.
In any case in which any of the powers conferred by subsection (1) are exercised,—
the person or authority shall in giving its decision state that the decision is being made pursuant to subsection (1); and
any person who would have been entitled to appeal against that decision if it had been made on other grounds shall be entitled to appeal against the decision made pursuant to subsection (1).
In this section, the term enactment means any provision of any Act, regulations, or bylaws.
Every person commits an offence who—
refuses to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or
refuses any other person the use of any facilities in that place or vehicle which are available to members of the public; or
requires any other person to leave or to cease to use that place or vehicle or those facilities,—
when that refusal or requirement is in breach of any of the provisions of Part 2.
Every person who commits an offence against this section is liable on conviction to a fine not exceeding $3,000.
A condition, whether oral or contained in a deed, will, or other instrument, which restrains or has the effect of restraining a person from marrying or entering into a civil union or de facto relationship shall be void if the person or class of person whom the person subject to the condition may or may not marry or enter into a civil union or de facto relationship with is identified or defined, expressly or by implication, by reference to the colour, race, or ethnic or national origins of the person or class of person.
Compare: 1971 No 150 s 27(1)
Section 136 heading: amended, on 20 September 2007, by section 4(1) of the Human Rights Amendment Act 2007 (2007 No 64).
Section 136: amended, on 20 September 2007, by section 4(2) of the Human Rights Amendment Act 2007 (2007 No 64).
Every person engaged by the Commission in connection with its work is an official for the purposes of sections 105 and 105A of the Crimes Act 1961.
This section does not limit section 135 of the Crown Entities Act 2004.
The Commission must not, in any report or statement made pursuant to this Act, make any comment that is adverse to any person unless that person has been given an opportunity to be heard.
Compare: 1977 No 49 s 78(2); 1991 No 126 s 32
The Commission may not delegate the powers or functions in section 7 or section 76.
In other respects, section 73 of the Crown Entities Act 2004 applies.
The Chief Human Rights Commissioner may, in writing signed by him or her, delegate to an officer or employee of the Commission any of the Chief Commissioner’s functions or powers under this Act, except this power of delegation and the power to make a report under this Act.
A delegation under this section—
may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class; and
may be made subject to any restrictions or conditions the Chief Commissioner thinks fit; and
may be made either generally or in relation to any particular case or class of cases; and
is revocable at will and, until revoked, continues in force according to its tenor.
If a function or power is delegated under this section, the performance or exercise of the function or power must not be inconsistent with determinations of the Commission under section 7.
If a function or power is delegated under this section and the Chief Commissioner by whom it was made ceases to hold office, the delegation continues to have effect as if it were made by his or her successor.
A person purporting to exercise a function or power of the Chief Commissioner by virtue of a delegation under this section must, when required to do so, produce evidence of the person’s authority to exercise the power.
Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under this section as if the delegate were a member and as if the disclosure must be made to the Commission and with other necessary modifications.
Sections 74 to 76 of the Crown Entities Act 2004 do not apply to a delegation under this section.
Section 140 heading: amended, on 15 June 2016, by section 16(1) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 140(1): amended, on 15 June 2016, by section 16(2)(a) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 140(1): amended, on 15 June 2016, by section 16(2)(b) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 140(2)(b): amended, on 15 June 2016, by section 16(3) of the Human Rights Amendment Act 2016 (2016 No 28).
Section 140(4): amended, on 15 June 2016, by section 16(4) of the Human Rights Amendment Act 2016 (2016 No 28).
141 Annual report
Section 141: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
141A Certain acts not to be questioned
Section 141A: repealed (but continuing to apply, as if had not been repealed, in relation to action undertaken before its repeal), on 15 June 2016, by section 17(1) of the Human Rights Amendment Act 2016 (2016 No 28).
142 Money to be appropriated by Parliament for purposes of this Act
Every person commits an offence against this Act and is liable on conviction to a fine not exceeding $3,000 who—
without lawful justification or excuse, wilfully obstructs, hinders, or resists the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act:
without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Commission or a Commissioner or any other person under this Act:
makes any false statement knowing it to be false or intentionally misleads or attempts to mislead the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act.
Section 143: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
prescribing the procedure to be followed under this Act in respect of complaints to and proceedings before the Commission or in respect of proceedings before the Tribunal:
prescribing forms for the purposes of this Act, and requiring the use of such forms:
providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
For the avoidance of doubt, it is hereby declared that the power conferred by subsection (1) to make regulations in respect of proceedings before the Tribunal includes power to make regulations in respect of proceedings in connection with the exercise or performance of any function, power, or duty conferred or imposed on the Tribunal by or under any other enactment.
Section 144(1)(a): amended, on 1 January 2002, by section 39 of the Human Rights Amendment Act 2001 (2001 No 96).
Section 144(2): added, on 21 October 1994, by section 82 of the Health and Disability Commissioner Act 1994 (1994 No 88).
145 Related amendments to other enactments
Section 145: repealed, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
146 Repeals
147 Revocation
Heading: substituted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
The office of Commissioner under section 7(1) (as it read immediately before the commencement of this section) is abolished.
No person is entitled to compensation for loss of office as a Commissioner under subsection (1).
The person who, immediately before the commencement of this section, held office as Chief Commissioner under section 7(1)(a) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of Chief Commissioner under section 8(1)(a) (as substituted by section 5 of the Human Rights Amendment Act 2001).
The person who, immediately before the commencement of this section, held office as the Race Relations Conciliator is taken to have been appointed to the office of Race Relations Commissioner under section 8(1)(b) (as substituted by section 5 of the Human Rights Amendment Act 2001).
Every person who, immediately before the commencement of this section, held office as Commissioner under section 7(1)(e) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of Commissioner under section 8(1)(d) (as substituted by section 5 of the Human Rights Amendment Act 2001).
The Privacy Commissioner appointed under the Privacy Act 2020 and the Commissioner appointed to be Proceedings Commissioner under section 7(1)(d) (as it read before the commencement of the Human Rights Amendment Act 2001) cease to be Human Rights Commissioners on the commencement of this section.
Every person who is taken to have been appointed to the office of Commissioner under this section is appointed on the same terms and conditions and for the remainder of the term for which the person was appointed under section 7(1) (as it read immediately before the commencement of this section).
Section 148A(4): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
Heading: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
On the commencement of this section, the assets and liabilities of the Race Relations Conciliator vest in the Commission.
From the commencement of this section, unless the context otherwise requires, every reference to the Race Relations Conciliator in any instrument, document, or notice is to be read as a reference to the Race Relations Commissioner.
Despite subsection (1), every reference to the Race Relations Conciliator in any contract or other instrument, document, or notice that creates, or is evidence of, an asset or liability, must be read as a reference to the Commission.
Section 148C: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
Any proceedings to which the Race Relations Conciliator was a party or that he or she was considering bringing, before the commencement of this section, may be brought, continued, completed, and enforced by or against the Commission.
Section 148D: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
The Commission must perform the duties that the Race Relations Conciliator would have had to perform under section 41 of the Public Finance Act 1989 if the Human Rights Amendment Act 2001 had not been enacted, for the period beginning on 1 July 2001 and ending with the close of 31 December 2001.
Section 148E: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
Every person employed by the Race Relations Conciliator immediately before the commencement of this section is, on and from that date, an employee of the Commission on the same terms and conditions that applied to the employee immediately before that date.
For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,—
the contract of employment of that employee is taken to be unbroken; and
the employee’s period of service with the Race Relations Conciliator and every other period of service of that employee that is recognised by the Race Relations Conciliator as continuous service is taken to have been a period of service with the Commission.
A person to whom subsection (1) applies is not entitled to any compensation just because the person has ceased to be an employee of the Race Relations Conciliator.
Section 148F: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
The person who, immediately before the commencement of this section, held office as the Proceedings Commissioner under section 7(1)(d) (as it read immediately before the commencement of this section) is taken to have been appointed to the office of Director of Human Rights Proceedings under section 20A (as substituted by section 5 of the Human Rights Amendment Act 2001).
The Director of Human Rights Proceedings is appointed on the same terms and conditions and for the remainder of the term for which he or she was appointed Proceedings Commissioner.
Section 148G: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
From the commencement of this section, unless the context otherwise requires, every reference to the Proceedings Commissioner in any instrument, document, or notice is to be read as a reference to the Director.
Section 148H: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
Proceedings to which the Proceedings Commissioner was a party or that he or she was considering bringing, before the commencement of this section—
must be brought, continued, completed, and enforced by the Director; and
may be brought, continued, completed, and enforced against the Director.
Sections 86 to 92, 95, and 97 (as they read immediately before the commencement of this section) apply (with any necessary modifications) to any proceedings to which the Proceedings Commissioner was a party before the commencement of this section as if—
the Director were the Proceedings Commissioner; and
the Office of Human Rights Proceedings were the Commission; and
the Human Rights Review Tribunal were the Complaints Review Tribunal.
Section 148I: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
Subsection (2) applies—
if a complaint is referred to the Proceedings Commissioner under section 75(g) (as it read immediately before the commencement of this section), but no proceedings have been instituted by the Proceedings Commissioner; or
if the Proceedings Commissioner was required to decide whether to institute proceedings against a party to a settlement under section 82(1)(c) (as it read immediately before the commencement of this section), but no proceedings were instituted by the Proceedings Commissioner before the commencement of this section.
If this subsection applies,—
if the Commissioner has not made a decision on whether to institute proceedings, the Director must decide, under section 90(1)(c), whether to provide representation in relation to the complaint:
if the Commissioner has made a decision to institute proceedings, the Director must provide representation for the complainant or aggrieved party (as the case may be) in the proceedings:
if the Commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the Director.
Section 148J: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
The Commission and the Office of Human Rights Proceedings may, after consulting the employee concerned, agree to the transfer of an employee from the Commission to the Office of Human Rights Proceedings on the same terms and conditions that applied to the employee immediately before the date of transfer.
the contract of employment of that employee is taken to have been unbroken; and
the employee’s period of service with the Commission, and every other period of service of that employee that is recognised by the Commission as continuous service, is taken to have been a period of service with the Office of Human Rights Proceedings.
An employee of the Commission who is transferred to the Office of Human Rights Proceedings under subsection (1) is not entitled to any compensation just because—
the position held by the employee with the Commission has ceased to exist; or
the person has ceased (as a result of the transfer) to be an employee of the Commission.
Section 148K: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
The Complaints Division of the Commission is abolished.
Section 148L: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
A complaint lodged with the Complaints Division before the commencement of this Act must be dealt with by the Commission under Part 3 (as substituted by section 9 of the Human Rights Amendment Act 2001) as if the complaint were made to the Commission under section 76(2)(a).
For the purposes of subsection (1),—
if the Complaints Division has called a conciliation conference under section 80(1) (as it read immediately before the commencement of this section) but the conference has not taken place, the Commission must instead offer to convene a dispute resolution meeting; and
if section 79(2) applies to the complaint, the Commission must inform the Attorney-General of the details of the complaint as soon as practicable.
Despite subsection (1), if, in relation to a complaint, the Complaints Division has decided not to investigate the complaint further under section 76(1) or section 77(1)(a) (as they read immediately before the commencement of this section), the Commission must take no action or further action in relation to the complaint.
Section 148M: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
No act or omission that occurred before 1 January 2002 is capable of being in breach of Part 1A unless—
the act or omission continues on or after 1 January 2002; or
in the case of an enactment, the enactment is in force on or after 1 January 2002.
Section 148N: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
Despite section 76, the Commission is not under a duty to receive or assess any complaint alleging a breach of Part 1A that is made to the Commission before 1 April 2002.
The Commission is not under a duty to receive or assess any complaint alleging that an act or omission that occurred before 1 January 2002 and that ceased to continue or to be in force before 1 January 2002 is in breach of Part 1A.
Section 148O: inserted, on 1 January 2002, by section 40 of the Human Rights Amendment Act 2001 (2001 No 96).
This section applies to every employment contract (whether a collective employment contract or an individual employment contract) that—
is in writing; and
was in force on 1 April 1992; and
specifies an age at which an employee is required to retire.
Where the parties to an employment contract to which this section applies agree in writing, at any time on or after 1 April 1992, to confirm or vary the age specified in the employment contract, the age, as so confirmed or varied, shall have effect notwithstanding section 22.
Where the parties to an employment contract to which this section applies have not agreed in writing to confirm or vary the age specified in the employment contract, section 22 shall apply in relation to that employment contract.
Where, as at 1 April 1992, the age at which an employer is required to retire, under a term of that employee’s employment contract, was specified only in a document that sets out the employer’s policy on the retirement ages of the employer’s employees or any of them, this section shall not apply in relation to that employee’s employment contract.
Compare: 1977 No 49 s 15C; 1992 No 16 s 4
Nothing in this Act shall apply—
to any provision in an existing or future will, deed, or other instrument where that provision confers charitable benefits, or enables charitable benefits to be conferred, on persons against whom discrimination is unlawful by virtue of Part 2; or
to any act done in order to comply with any provision described in paragraph (a).
For the purposes of this section, charitable benefits means benefits for purposes that are charitable in accordance with the law of New Zealand.
Compare: 1971 No 150 s 36(1); 1977 No 49 s 91(1); 1983 No 56 s 18(1)
151 Other enactments and actions not affected
152 Expiry of section 151
Nothing in this Act affects the right to bring any proceedings, whether civil or criminal, that may be brought other than under this Act, but, in assessing any damages to be awarded to or on behalf of any person under this Act or otherwise, a court must take account of any damages already awarded to or on behalf of that person in respect of the same cause of action.
Subject to subpart 5 of Part 2 of the Contract and Commercial Law Act 2017, no proceedings, civil or criminal, shall lie against any person, except as provided by this Act, in respect of any act or omission which is unlawful by virtue only of any of the provisions of Part 2.
Nothing in this Act shall affect any enactment or rule of law, or any policy or administrative practice of the Government of New Zealand, that—
distinguishes between New Zealand citizens and other persons, or between British subjects or Commonwealth citizens and aliens.
Compare: 1971 No 150 s 37; 1977 No 49 ss 86, 93
Section 153(1): amended, on 1 January 2002, by section 42(1)(a) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 153(1): amended, on 1 January 2002, by section 42(1)(b) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 153(1): amended, on 1 January 2002, by section 42(1)(c) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 153(2): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
Section 153(3)(a): repealed, on 1 January 2002, by section 42(2) of the Human Rights Amendment Act 2001 (2001 No 96).
Section 153(4): repealed, on 1 January 2002, by section 42(2) of the Human Rights Amendment Act 2001 (2001 No 96).
Schedule 1AA Transitional, savings, and related provisions
s 2A
Schedule 1AA: inserted, on 15 June 2016, by section 18 of the Human Rights Amendment Act 2016 (2016 No 28).
Part 1 Provision relating to Human Rights Amendment Act 2016
Schedule 1AA Part 1 heading: replaced, on 14 November 2018, by section 98(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
1 Human Rights Amendment Act 2016: transitional provisions
The provisions in subclauses (2) to (5) are transitional provisions for the Human Rights Amendment Act 2016 (the Amendment Act).
On the commencement of the Amendment Act (commencement),—
the Commissioner who immediately before commencement was the Equal Employment Opportunities Commissioner is the Commissioner appointed, as required by section 8(1A)(b) of this Act, to lead the work of the Commission in the priority area of equal employment opportunities (including pay equity); and
the Commissioner who immediately before commencement was the Race Relations Commissioner is the Commissioner appointed, as required by section 8(1A)(c) of this Act, to lead the work of the Commission in the priority area of race relations.
The requirement in section 8(1)(b) of this Act that there must not be more than 4 other Commissioners does not affect the appointment of Commissioners holding office on the commencement of the Amendment Act and any such Commissioner continues to hold office until the end of his or her term or until he or she ceases to hold office under section 45 of the Crown Entities Act 2004.
The requirement in section 8(1)(b) of this Act that there must not be more than 4 other Commissioners—
does not apply to the exercise of the power to appoint the first person to lead the work of the Commission in the priority area of disability rights; but
does apply to any reappointment of the first person appointed, or any extension of his or her appointment.
A reference in any instrument, document, or notice to the Equal Employment Opportunities Commissioner or the Race Relations Commissioner must be read as a reference, respectively, to the person leading the work of the Commission in the priority area of equal employment opportunities (including pay equity) or the person leading the work of the Commission in the priority area of race relations, as the case may be.
Part 1A Provisions relating to Part 3 of Domestic Violence—Victims’ Protection Act 2018
Schedule 1AA Part 1A: inserted, on 1 April 2019, by section 40(3) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
1A Interpretation
In this Part, 2018 Part means Part 3 of the Domestic Violence—Victims’ Protection Act 2018.
Schedule 1AA clause 1A: inserted, on 1 April 2019, by section 40(3) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
Provisions relating to adverse treatment in employment of people affected by family violence
Schedule 1AA heading: inserted, on 1 April 2019, by section 40(3) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
Schedule 1AA heading: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).
1B Application to pre-commencement family violence
Section 62A applies even if all or any of the family violence occurred before the commencement of the 2018 Part.
Schedule 1AA clause 1B: inserted, on 1 April 2019, by section 40(3) of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).
Schedule 1AA clause 1B heading: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).
Schedule 1AA clause 1B: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).
Part 2 Provision relating to Tribunals Powers and Procedures Legislation Act 2018
Schedule 1AA Part 2: inserted, on 14 November 2018, by section 98(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
2 Chairpersons of Human Rights Review Tribunal
A person who holds the office of Chairperson immediately before the commencement date continues in office for the balance of his or her term, despite sections 81 and 83 of the Tribunals Powers and Procedures Legislation Act 2018, even if the consequence is that the Tribunal continues to have 2 Chairpersons until (at the latest) 31 December 2019.
Each of those Chairpersons may, in consultation with the other Chairperson, exercise the powers of the Chairperson of the Tribunal under the Human Rights Act 1993, as amended by subpart 7 of Part 1 of the Tribunals Powers and Procedures Legislation Act 2018.
While 2 Chairpersons are appointed, they must act together in issuing practice notes under section 121A.
For the purpose of this clause, commencement date means the date on which section 83 of the Tribunals Powers and Procedures Legislation Act 2018 comes into force.
Schedule 1 Administrative provisions applying in respect of Commission
s 20H(1)
Schedule 1: substituted, on 1 January 2002, by section 43 of the Human Rights Amendment Act 2001 (2001 No 96).
1 General manager: appointment, term of office, and conditions
is appointed by the Chief Human Rights Commissioner, after consultation with the Commission, under section 18, and his or her office is a full-time one; and
holds the office for the term (not longer than 5 years) and under the conditions specified in his or her appointment; and
unless he or she sooner vacates or no longer holds or is removed from the office, continues in it until his or her successor comes into it, even though the term for which he or she was appointed has expired.
Subclause (1) is subject to section 117 of the Crown Entities Act 2004.
In the case of absence from duty of the general manager (for any reason) or on the occurrence of a vacancy in that position (for any reason) and while the absence or vacancy continues, all or any of the powers and duties of the general manager may be exercised and performed by any other employee of the Commission for the time being directed by the Chief Commissioner (after consultation by the Chief Commissioner with the Commission) to exercise and perform them, whether the direction has been given before the absence or vacancy occurs or while it continues.
No direction given under subclause (3) and no acts done by any employee of the Commission acting under that direction may in any proceedings be questioned on the ground that—
the occasion for the direction had not arisen or had ceased; or
that the employee has not been appointed to the position of general manager.
Schedule 1 clause 1(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Schedule 1 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
3 Employment principles
4 Appointment of experts
5 Salaries and allowances
6 Superannuation or retiring allowances
For the purpose of providing superannuation or retiring allowances for the Commissioners, the Commission may, out of the funds of the Commission, make payments to or subsidise any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).
Despite anything in this Act, any person who, immediately before being appointed as a Commissioner or the general manager or, as the case may be, becoming an employee of the Commission, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold office as a Commissioner or the general manager or, as the case may be, to be an employee of the Commission, and that Act applies to that person in all respects as if that person’s service as a Commissioner or the general manager or, as the case may be, as an employee of that kind were Government service.
For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who holds office as a Commissioner or the general manager or, as the case may be, is in the service of the Commission as an employee and (in any such case) is a contributor to the Government Superannuation Fund, controlling authority, in relation to the person, means the Commission.
Schedule 1 clause 6(1): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Schedule 1 clause 6(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
7 Certain Acts do not apply to staff of Commission
8 Services for Commission
9 Funds of Commission
10 Bank accounts
Schedule 1 clause 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
11 Investment of money
12 Borrowing
13 Seal
14 Tax status
15 Crown entity
16 Auditor
Schedule 2 Administrative provisions applying in respect of Office of Human Rights Proceedings
In this schedule, unless the context otherwise requires,—
Director means the Director of Human Rights Proceedings, or alternate Director of Human Rights Proceedings, appointed under section 20A
functions include powers or duties
Office means the Office of Human Rights Proceedings referred to in section 20.
The Director may, in accordance with this clause, appoint any employees (including acting or temporary or casual employees) that he or she considers necessary for the efficient carrying out of the functions of the Director.
Employees appointed under this clause are employed on any terms and conditions of employment the Director determines.
Subclause (2) is subject to section 116 of the Crown Entities Act 2004, except that the reference in section 116(1) to agreement by a Crown entity must be read as a reference to agreement by the Director.
Schedule 2 clause 2(4): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
The Director may, as and when the need arises, appoint any person (other than a Commissioner) who, in the Director’s opinion, possesses expert knowledge or is otherwise able to assist in connection with the exercise or performance of the functions of the Director to make such inquiries or to conduct such research or to make such reports or to render such other services as may be necessary for the efficient exercise or performance by the Office of the functions of the Director.
The Office must pay persons appointed under this clause, for services rendered by them, fees or commission or both at such rates as the Director thinks fit, and may separately reimburse them for expenses reasonably incurred in rendering services for the Office.
5 Application of Crown Entities Act 2004 to Director
Sections 47 and 48 and 120 to 126 of the Crown Entities Act 2004 apply to the Director, with all necessary modifications, as if he or she were a member of the Commission.
Schedule 2 clause 5: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
For the purpose of providing superannuation or retiring allowances for the Director, the Office may, out of the funds of the Office, make payments to or subsidise any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).
Despite anything in this Act, any person who, immediately before being appointed as the Director or, as the case may be, becoming an employee of the Office, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold office as the Director or, as the case may be, to be an employee of the Office, and that Act applies to that person in all respects as if that person’s service as the Director or, as the case may be, as an employee of that kind were Government service.
For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who holds office as the Director or, as the case may be, is in the service of the Office as an employee and (in any such case) is a contributor to the Government Superannuation Fund, controlling authority, in relation to the person, means the Office.
7 Certain Acts do not apply to staff of Office
8 Services for Office
9 Funds of Office
12 Address for service
The address for service of the Director and of the Office is the address of the main premises of the Office.
Schedule 3 Enactments repealed
Schedule 3: repealed, on 1 January 2002, by section 43 of the Human Rights Amendment Act 2001 (2001 No 96).
1994 No 138
1 Short Title
This Act may be cited as the Human Rights Amendment Act 1994, and shall be read together with and deemed part of the Human Rights Act 1993 (hereinafter referred to as “the principal Act”).
Application of principal Act and Human Rights Commission Act 1977 to superannuation schemes
2 Application of principal Act to superannuation schemes providing benefits on account of marital status
Notwithstanding any rule of law, nothing in section 22 or section 44 or section 70 of the principal Act shall prevent, or be taken ever to have prevented, the provisions of a superannuation scheme, or the trustees, the supervisor, or the manager of the scheme, from providing, on the death of a member of the scheme, a benefit for either—
the spouse of that member; or
the civil union partner or de facto partner of that member,—
without providing a similar or corresponding or equivalent benefit on the death of other members of the scheme.
Subject to subsection (5), this section applies in respect of superannuation schemes established before or after the commencement of this Act.
This section applies notwithstanding any judgment, decision, or order of any court or tribunal given or made before or after the commencement of this Act in proceedings commenced before the commencement of this Act.
Nothing in section 153(1) of the principal Act limits or affects this section.
Nothing in this section applies to the provision of benefits under a superannuation scheme or by the trustees, the supervisor, or the manager of a scheme in respect of any person who, at any time on or after 1 January 1996, becomes a member of the scheme unless,—
immediately before becoming a member, that person was a member of another superannuation scheme that provides or provided, or the trustees, the supervisor, or the manager of which provide or provided, benefits of a kind referred to in paragraph (a) or paragraph (b) of subsection (1); and
that person became a member of the first-mentioned scheme as a result of a requirement, or the exercise of a right, to leave that other scheme by reason of any merger, takeover, or restructuring of, or reorganisation of the business of, that person’s employer.
Nothing in this section affects the validity of any amendment to the instrument or conditions governing a superannuation scheme made pursuant to section 72 of the principal Act before the commencement of this Act.
Section 2(1): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
Section 2(1)(b): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 2(5)(a): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
3 Application of principal Act to superannuation schemes providing benefits for children and dependants
For the avoidance of doubt, it is hereby declared that nothing in section 22 or section 44 or section 70 of the principal Act shall prevent, or be taken ever to have prevented, the provisions of a superannuation scheme, or the trustees of the scheme, from providing, on the death of a member of the scheme, a benefit for a child or dependant of that member’s family, including a child or dependant belonging to a particular class determined by reference to age, disability, or employment status without providing a similar or corresponding or equivalent benefit on the death of other members of the scheme.
This section applies in respect of superannuation schemes established before or after the commencement of this Act.
4 Savings in respect of certain superannuation schemes
For the avoidance of doubt, it is hereby declared that nothing in section 22 or section 44 of the principal Act relating to different treatment on the ground of sex or marital status shall apply, or be taken ever to have applied, to—
a superannuation scheme to which subsection (2) of section 88 of the Human Rights Commission Act 1977 applied, except in respect of a person who became a member of the scheme on or after 1 April 1980 or to whom amendments to the scheme were applied pursuant to subsection (4) of that section; or
a superannuation scheme established as an alternative to making amendments of the kind referred to in subsection (4) of section 88 of the Human Rights Commission Act 1977 to an existing scheme, except in respect of a person who became a member of the scheme by virtue of subsections (4) and (5) of that section.
For the avoidance of doubt, it is hereby further declared that where any superannuation scheme was amended for the purpose of ensuring that its operation did not involve a breach of section 15(1) or section 24(1) of the Human Rights Commission Act 1977, nothing in the principal Act, and nothing in those amendments, shall deprive, or be taken ever to have deprived, any person who joined the scheme before the date on which those amendments came into force of any right or option to retire at a particular age or on a particular date or to become entitled under the scheme to a pension or other benefit, unless that person relinquishes that right or option.
5 Application of Human Rights Commission Act 1977 to superannuation schemes
Notwithstanding any rule of law, nothing in section 15(1) or section 24(1) or section 88 of the Human Rights Commission Act 1977 shall be taken ever to have prevented the provisions of a superannuation scheme, or the trustees of the scheme, from providing, on the death of a member of the scheme, a benefit for either—
Nothing in this section affects the validity of any amendment to the instrument or conditions governing a superannuation scheme made pursuant to section 90 of the Human Rights Commission Act 1977.
This is a reprint of the Human Rights Act 1993 that incorporates all the amendments to that Act as at the date of the last amendment to it.
Public Service Act 2020 (2020 No 40): section 135
Education and Training Act 2020 (2020 No 38): section 668
Privacy Act 2020 (2020 No 31): section 217
Contempt of Court Act 2019 (2019 No 44): section 29
Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51): Part 1 subpart 7
Family Violence Act 2018 (2018 No 46): section 259(1)
Social Security Act 2018 (2018 No 32): section 459
Domestic Violence—Victims’ Protection Act 2018 (2018 No 21): Part 3
Intelligence and Security Act 2017 (2017 No 10): section 335
Contract and Commercial Law Act 2017 (2017 No 5): section 347
District Court Act 2016 (2016 No 49): section 261
Human Rights Amendment Act 2016 (2016 No 28)
Harmful Digital Communications Act 2015 (2015 No 63): Part 2 subpart 3
Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150
Criminal Procedure Act 2011 (2011 No 81): section 413
Financial Markets Authority Act 2011 (2011 No 5): sections 82, 85(1)
Accident Compensation Amendment Act 2010 (2010 No 1): section 5(1)(b)
Policing Act 2008 (2008 No 72): sections 116(a)(ii), 130(1)
Human Rights (Women in Armed Forces) Amendment Act 2007 (2007 No 16)
Evidence Act 2006 (2006 No 69): section 216
Insolvency Act 2006 (2006 No 55): section 445
Prisoners’ and Victims’ Claims Act 2005 (2005 No 74): section 65
New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(1)
Relationships (Statutory References) Act 2005 (2005 No 3): section 7
Crown Entities Act 2004 (2004 No 115): section 200
Building Act 2004 (2004 No 72): section 414
Supreme Court Act 2003 (2003 No 53): sections 47, 48(1)
State Sector Amendment Act 2003 (2003 No 41): section 14(1)
Public Trust Act 2001 (2001 No 100): section 170(1)
New Zealand Superannuation Act 2001 (2001 No 84): section 77
Local Electoral Act 2001 (2001 No 35): section 151
Employment Relations Act 2000 (2000 No 24): section 240
Protected Disclosures Act 2000 (2000 No 7): section 25
Human Rights Amendment Act 1999 (1999 No 100)
Accident Insurance Act 1998 (1998 No 114): section 415(1)
Health and Disability Commissioner Act 1994 (1994 No 88): section 82
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Bar association seeks Giuliani ban over 'combat' remarks
FILE - In this Jan. 6, 2021 file photo former New York Mayor Rudolph Giuliani speaks in Washington at a rally in support of President Donald Trump, called the "Save America Rally." Giuliani is facing possible expulsion from the New York State Bar Association over incendiary remarks he made to Trump's supporters last week before they stormed the U.S. Capitol. (AP Photo/Jacquelyn Martin, File)
NEW YORK (AP) — Rudy Giuliani is facing possible expulsion from the New York State Bar Association over incendiary remarks he made to President Donald Trump’s supporters last week before they violently stormed the U.S. Capitol.
The organization said Monday that it has opened an inquiry into whether Giuliani should remain a member. Its bylaws state that “no person who advocates the overthrow of the government of the United States” shall remain a member.
Removal from the bar association, a voluntary membership organization dating to 1876, is not the same as being disbarred and banned from practicing law. That can only be done by the courts.
A message seeking comment was left with Giuliani’s spokesperson. The bar association said he will be afforded due process and be given a chance to explain and defend his words and actions.
State Sen. Brad Hoylman, a Democrat, separately made an official complaint on Monday to the state’s courts, asking that disbarring Giuliani be taken up for consideration.
Giuliani, the former mayor of New York City, is Trump’s personal lawyer and has played a prominent role in the Republican president’s spurious fight to overturn his election loss to President-elect Joe Biden, a Democrat.
The bar association said it has received hundreds of complaints about Giuliani’s work to perpetuate Trump’s baseless voter fraud claims, which culminated in fiery remarks last Wednesday in Washington as Congress met to count Biden’s Electoral College win.
“If we’re wrong, we will be made fools of, but if we’re right, a lot of them will go to jail,” Giuliani told the crowd. “Let’s have trial by combat.”
Among the people calling for the bar association to remove Giuliani were U.S. Reps. Mondaire Jones, D-N.Y., and Ted Lieu, D-Calif., who send a letter to the organization last week saying that his actions were “absolutely disqualifying from remaining in good standing.”
In a statement Monday, Jones said “Giuliani is an embarrassment to attorneys everywhere” and called on the state’s courts to disbar him to ensure that he will “never again use his law degree to destroy lives and undermine our democracy.”
The bar association said in a statement that Giuliani’s words “quite clearly were intended to encourage Trump supporters unhappy with the election’s outcome to take matters into their own hands.” The group condemned the violence at the Capitol, calling it “nothing short of an attempted coup, intended to prevent the peaceful transition of power.”
“We cannot stand idly by and allow those intent on rending the fabric of our democracy to go unchecked,” the organization said in a statement.
The bar association isn’t the only organization reconsidering its ties to Giuliani.
Middlebury College in Vermont said Sunday it is weighing whether to revoke an honorary degree given in 2005 in recognition of Giuliani’s leadership during the 9/11 attack.
FINDING A GROOVE
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Home Corporate Resources for media News 2014 Outotec ranked the world's 3rd most sustainable company on the Global 100 list
Press Release January 22, 2014 11:00:00 AM CET
Outotec ranked the world's 3rd most sustainable company on the Global 100 list
OUTOTEC OYJ PRESS RELEASE JANUARY 22, 2014 at 11:00 AM
Outotec ranked 3rd on the Global 100 list of the world's most sustainable companies. The annual listing was announced at the World Economic Forum in Davos, Switzerland today. This was the second consecutive year Outotec was included in the index (ranking 12th in 2013).
Corporate Knights media and investment advisory company screened all listed companies with a market capitalization of USD 2 billion or above, altogether 3,641 companies using twelve quantitative sustainability indicators. Companies included in the index are the top overall sustainability performers in their respective industrial sector.
Commenting on this year's Global 100, Toby Heaps, Corporate Knights CEO, remarked, "The global 100 index has outperformed its benchmark by 3.94% since inception in 2005. This speaks for the investment benefits of sustainability. Core sustainability themes, including water scarcity, rising energy prices and growing competition for human capital, all of which are captured in the Global 100 methodology, hold growing investment relevance."
"We have set ourselves ambitious targets on sustainable development. This ranking is evidence of our hard work and accomplishments what comes to creating value to both our shareholders and the society around us through our technologies. We are proud and humble at the same time - and being sustainable means that we will continue our efforts to be a great company to work with, to work for and to invest in", says Minna Aila, Head of Communications and Corporate Responsibility.
Outotec's sustainability reporting
Outotec reports according to the Global Reporting Initiative (GRI) guidelines. The sustainability report of 2013 will be published in March. The report 2012 as a whole is available at www.outotec.com/sustainability.
About the Global 100 index
Corporate Knights, the Toronto-based media and investment advisory company, announces annually The Global 100 list of the world's most sustainable corporations at the World Economic Forum in Davos, Switzerland. Launched in 2005, the Global 100 was recently recognized as the world's most credible corporate sustainability ranking. For full rankings and methodology details, please visit: www.global100.org or www.corporateknights.com/global100.
Minna Aila, SVP, Communications and Corporate Responsibility
Tel. +358 20 529 2455, +358 40 5131470
Email: firstname.lastname@outotec.com
Main media
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Question about experts' advice on Adani's groundwater management plan
On Tuesday 11 June in Question Time, Michael asked the Qld Environment Minister whether she'd guarantee recent advice from 7 of the country's top groundwater experts, calling Adani’s groundwater plans “severely flawed”, would be properly considered and reflected in her department's decision. The Minister couldn't provide a real answer to that question.
You can read the speech below or in the official Queensland Parliament Record of Proceedings (Hansard), or watch it HERE.
https://www.facebook.com/michaelberkman.greens/videos/439395616862591/
Mr BERKMAN: My question is directed to the Minister for Environment and the Great Barrier Reef. Last week the minister’s department was handed advice from seven of Australia’s leading groundwater experts, including one of the top advisers to Queensland’s Office of Groundwater Impact Assessment. I now table this advice which called Adani’s groundwater plan severely flawed and warned that it is ‘unsuitable and unlikely’ to protect the ancient sacred Doongmabulla Springs from extinction.
Tabled paper: Document, dated 30 May 2019, titled ‘Position Paper by Concerned Scientists, Deficiencies in the scientific assessment of the Carmichael Mine impacts to the Doongmabulla Springs’.
Will the minister guarantee that this advice will be properly considered and reflected in Thursday’s decision on Adani’s groundwater management plan?
Mr SPEAKER: Before asking the minister to answer the question, member for Maiwar, that is a very lengthy preamble. I will allow the question, but I am giving you fair warning for your next opportunity.
Ms ENOCH: I thank the member for the question. I want to be very clear though that the role of the regulator—
Opposition members interjected.
Ms ENOCH: I also thank the member for a question that was not just a yes or no question. That is very useful and I appreciate that. For the member’s benefit, the role of the regulator under the Environmental Protection Act 1994 is absolutely free from political interference. The role of the regulator will be to consider all relevant information and it has been collecting that information from various sources, as I understand it, including the CSIRO and Geoscience Australia, which also provided information to the then federal minister for environment.
There has been some further work done with regard to Adani’s responsibilities under its environmental authorities, in particular with regard to groundwater, and of course the regulator will consider all of the relevant information before making its decision which is an independent decision from political interference. It will make that decision and it will make that decision whether to approve the current management plan or not on 31 May, as has been outlined in the time lines set by the Coordinator-General. In terms of that information, I know that the regulator has been looking at all available information to be able to make its decision.
Estimates: Question on staff ratios in youth detention centres
Estimates: Questions on children held in remand and in isolation in youth detention
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Classroom Resources for Educators
ThinkFun Rush Hour
Rush Hour puts players to the test, demanding both thought and vision. As if the commute home wasn't enough, you must navigate your red car through the traffic jam and gridlock in order to successfully leave the game board. This game features four levels of difficulty from beginner to expert, allowing players to progress at their own pace. Includes 40 challenge cards that fit neatly into the pull-out tray beneath the game board, puzzle solutions and a drawstring storage bag.
Download Lesson Plan
Learning Magazine Teacher's Choice Award
The Teachers' Choice Awards honor products of exceptional quality and outstanding performance in the classroom and at home. Our panel of teacher evaluators use each product in their classrooms and homes to find the best products for teachers and parents.
Mensa Select Award
Annually, Mensans judge and critique games released in the past year and award the coveted Mensa Select® seal to the top five. Games are judged on aesthetics, instructions, originality, play appeal and play value.
Parents' Choice Gold Award
Founded in 1978, Parents' Choice is the nation's oldest nonprofit consumer guide to quality children's books, toys, music and more. The Parents' Choice Award seals are recognized throughout the country as the premier mark of achievement in the children's media industry. The Parents' Choice Gold Awards are given to those products that are judged as the highest quality and most appealing in their genre. Criteria for judgments include the highest production standards, universal human values and a unique, individual quality that pushes the product a notch above others.
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Mona Baker
Oppression is not a point of view
Baker Talks and Interviews
Globalizing Dissent
Citizen Media
Repressive Measures
BDS News
Activist Initiatives
Activist reflections
Complicity with Israel
Egypt Solidarity
Translating Dissent
Wiam El-Tamami
Khalid Abdalla
Helen Underhill
Todd Wolfson and Peter Funke
Samah Selim
Salma El-Tarzi
Sherief Gaber
Tahia Abdel Nasser
Leil-Zahra Mortada
Deena Mohamed
Hoda Elsadda
Bahia Shehab
John Johnston
Soraya Morayef
Jonathan Guyer
Omar Robert Hamilton
Academics Under Attack
Art & Media Under Attack
Boycott & Divestment
Complicity of Israeli Academia
Eyewitness Reports
London Conference 2004 (SOAS)
The Zionist Machine
TS Portal
Kilroy's Still Here
November 18, 2015 Henry Jones Art & Media Under Attack, Legacy Site
From the www.monabaker.com archive (legacy material)
Sean Penn | voice4change.org | 31 May 2003
In early October of 2002 — when the radio sputtered and whined with accusations by the Bush Administration declaring a direct link between the terrorist activity of Al Qaeda and the brutal dictator Saddam Hussein; I was sitting beside my 11-year old daughter in a car. It continued, with charges that Hussein’s Iraq possessed weapons of mass destruction in violation of U.N. resolutions.
“It’s a sunny afternoon in Northern California,” the weatherman interrupted, “puffy white clouds resting upon a beautiful blue sky.” We sat in the car eating french fries in the parking lot of our local burger joint. President George W. Bush had just rebuffed the United Nations’ push to re-introduce weapons inspection teams into an Iraq where even a deservedly humiliated Saddam Hussein had expressed willingness to accept them. Tightening in my gut, on this otherwise fab day, were troubling questions about our nation’s understanding of this pending conflict. Its most accessible information sources were the corporately sponsored and largely conservative media outlets. Indeed, in my gut, were my own troubling questions, not only about our Administration’s unilateral military posturing, but also, what effect U.S. decisions today might have on my children’s tomorrow.
Since September 11, 2001, when Kilroy left his mark, I had been, of course, concerned for the physical safety of my children, and those of the nation. More urgently though, for the food of their spirit, their sense of right and wrong, and of their will to be individuals of character and true patriotism in a media environment largely exemplified by mistrust, dishonesty, censorship and national policies fostering division, death, and arbitrary consumerism.
Saint Augustine said that “Hope has two beautiful daughters: anger and courage; anger at the way things are, and courage to change them.” Beside me, my little girl tugged at the blue ribbon in her blond hair, her eyes forward, gentle but unblinking; her front teeth nipped at a french fry, one slow bite at a time. As I started the car, I wondered if her future and my son’s would befriend or be vanquished by Saint Augustine’s daughters of hope. And I had to ask myself, “What remaining hope did I have? What example was I to them?” I carried my troubling questions to the President of the United States, in a public letter printed October 18, 2002, in the Washington Post.
I’m neither a peace activist nor a partisan politico and the letter I printed did not represent the platform of any movement, or speak with determination against any necessity. My letter spoke to questions of an American man and father, protected and encouraged by our Constitution, and obliged by my own individual sense of democracy and civic responsibility. I had been inspired to speak up by my love of my children, which recalled my admiration for our founding fathers, and the tradition of thousands of engaged men and women before me. In my own way, I sought to join all of them in waving the American flag.
Following the printing of that letter, my public flag, I was hit by a tidal wave of media misrepresentation, and even accusations of treason. I experienced firsthand the repressive condition of public debate in our country, as it prepared for war. I was beginning to feel the price to be paid by a citizen exercising a position of dissent.
If my hope as an American was not dwindling, it was certainly under siege. Hope though, like truth, is a stubborn creature.
In early December 2002, I was invited by Norman Solomon of the Institute for Public Accuracy to join him on his journalistic tour of Baghdad. I met with Norman and did some due diligence on the IPA. Norman is a softspoken gentleman, and a relentless author of books, essays, and articles exposing media truth and fiction. He is a scholar of media truth bending and breaking, and his IPA is an American non-profit mobilizer dedicated to that journalistic mission. There was no question in my gut on this one. I accepted Norman’s invitation and was going to Iraq.
I acknowledged the concerns of my wife and children for my safety and they acknowledged my need to replace television images with a real sense of place and people (if only the kind one gets visiting anywhere for the first time). You search for a taste, a smell, a piece of truth, something to attach to the questions of conscience that gnaw at many of us.
It was very clear that my trip, like my letter, would be misrepresented both in the United States and by the Iraqi press. But my view is unchanged, that as a weapon of propaganda, it would only be the most popular American media that could do myself and eventually our increasingly deployed troops any real harm. The United States had all the cards. We have the greatest military might on the planet. The Iraq I visited was the most decimated, starved, diseased and polluted place I had ever witnessed. Much of this, the result of sanctions imposed upon its people by a United States-led coalition, and exacerbated by the willful exploitation of them by their own leadership. Saddam Hussein’s three-page hokey mailer of a newspaper, promoting my visit as support for his leadership, would be no match for the positions taken by our own global networks in willful false depiction of my intentions and statements. I made no comments in Baghdad against our government. Not one. I did, however, declare an acceptance of some personal accountability for my government’s actions, those then, and now, paid for in part by my tax dollars.
In short, we deserve the government we allow, and none more than those of us who have experienced economic and personal privilege. In Iraq, I made no expert assertions and came to no absolute conclusions. Prior to, during, and since visiting Iraq,I have consulted over 100 experts in our Middle Eastern affairs, military and civilian, with a primary focus on U.N. weapons inspection capabilities. These consultations measurably increased my doubt at the factuality or the wisdom of the Administration’s assertions and proposed remedies. I spoke at length with wary war correspondents whose repeated attempts to bring deeper understanding to the American public were consistently thwarted by editorial staffs, networks, and superiors, both Iraqi and American.
While in Baghdad, I visited a Pediatric hospital, schools, people on the streets, Iraqi officials, their Christian Deputy Prime Minister Aziz, and Minister of Health Mubarek. I met with humanitarian aides, U.N. officials, the local director of UNICEF (a Dutchman), and an 8-year-old Iraqi boy who had been maimed by a cruise missile in Basra while his older brother perished in the Clinton administration bombings of 1998.
I returned to the United States with a view to be digested, something I would have to be very careful and thoughtful in sharing publicly, and discerning in acceptance of a venue to do so. I waited out the first series of rabid attacks on my character, profession, intelligence, experience, agenda, ego, effectiveness, and patriotism. I chose to appear on Larry King’s show, followed by an interview on The Active Opposition, a World Link TV political show hosted by my friend, Peter Coyote. This had been the extent of my public commentary on this issue in the United States, when on March 20, 2003, our President ordered our military into war with Iraq.
If military intervention in Iraq has been a grave misjudgment, it has been one resulting in thousands upon thousands of deaths, and done so without any credible evidence of imminent threat to the United States. Our flag has been waving, it seems, in servicing a regime change significantly benefiting U.S. corporations. What remains to be seen is an effective plan for the rebuilding of the civilian infrastructure, or any other benefit to the people of Iraq or the United States. It is an achievement that includes the callous and too easily accepted term, “collateral damage.” This is a term where proportionality of loss is taken from the people who have lost, and given to marketing executives.
On Larry King’s show, I appealed to American mothers and fathers to sit with a scrap of paper and a pencil and scribble the following words, “Dear Mr. and Mrs. (your name here), We regret to inform you that your son/daughter (child’s name here) was killed in action in Iraq…” I asked that those mothers and fathers finish that letter in a way that would comfort them if they were to receive it. This war, for all its military triumph, would provide no satisfactory completion of that letter for this father. The human death toll of this corporate march includes those courageous and heroic Americans who lost their lives. As Americans considering loss of life, we are at liberty to claim unbiased humanitarianism, but few among us are ever so poignantly saddened as with the loss of a young American soldier fighting for his country in a lonely, foreign land. And I am no exception. And what of the wounds of body and spirit in many of those who survived? I ask to join in celebrating those soldiers, all of them. They are every bit the heroes of World War II, of Korea, and every bit the heroes of Vietnam (where postwar suicides of veterans totaled higher numbers than those killed in battle, and the term “collateral damage” broadened its scope). Unimaginable is the loss felt by the families of the dead. Are we willing to consider that the righteous execution of a soldier’s duty, training, unity, and mission, has always stood or fallen, to the degree the citizens they serve struggle at home for the rights our soldiers pledge to fight for abroad? It should be noted that President Bush’s 2004 budget proposed a 6.2 billion dollar cut in Veterans’ health and welfare benefits.
In re-evaluating the responsibility of citizenship and U.S. foreign policy in the post-9/11 age, there have been disparate opinions among Americans about how supporting our troops would now be defined, how supporting our principles would now be defined, and how the “rule of law” would now be upheld. In what way would dissent be most productive within a system of government that does not exist without questioning by its people? We accepted that journalists were “embedded” with reliance on their subject, the military, to keep them from harm’s way. We found that our Secretary of State presented plagiarized and fictitious evidence of WMD’s in Iraq to the American people and the world. We would rely on this, our government, acting alone, to uncover those weapons of mass destruction said to be possessed by the Iraqis and originally said to have justified our assault. A similar justification came out of military sources in Baghdad, when an American tank fired on journalists on the sixth floor of the Palestine Hotel in response to shots claimed to have been fired on them from that building’s lobby. In a hotel full of international journalists, not one heard the shots that the military reported to have preceded their “response”. We would watch as the United Nations was described “unnecessary,” rather than useful, if only as an oversight committee, inspiring some domestic and international faith in a new found American weapons inspections process that is covert at best. Any responsible person must ask, in whose hands our flag now waves and what perception the world may have of it in those hands.
Even as the New York Times presents unchallenging articles (see Judith Miller, April 21, 2003,”Prohibited Weapons”) on a weapons inspections process now in place, unnoticed are the legitimate concerns about potential insertion of WMD evidence. Our television channels show images of grateful and liberated Iraqis with no acknowledgement that true poverty will bring the best of us to our knees, where we would honor any individual or nation who held food. Our knowledge and understanding of Arab culture and Islamic belief is sketchy at best. While Saddam Hussein was certainly a beast among men, and while his people, to any degree that we would presume comprehension, were under the thumb of brutal oppression in his hands, we must reflect as we triumph at the image of an American soldier cradling an Iraqi infant, with no curiosity as to the fate of its parents. And what of the shocking rise in leukemias and other cancers in Iraq due to depleted uranium exposure and of the thousands of unexploded ordinances, both, gifts of U.S. artillery. Will we remember the hundreds of thousands of children who suffered slow and agonizing deaths by diarrhea? These primarily attributed to the U.S.- led sanctions in Iraq, where bombing of water treatment plants and an embargo on chlorine continued to ravage predominantly young victims. We must reflect on the certainty with which we were sold a war on the basis of what we now so expertly call WMDs. We must reflect on the resentment of the world, invited in our positioning ourselves as their police. With Syria, Iran, and North Korea on media hit lists, we must reflect on the availability of funds for violent crusades in the absence of funding crusades for healing the very real suffering of our own people and others.
This is our money I speak of, not theirs. Ours. Our democracy. Our flag. (Lest we forget Enron) but, we see Exxon. We see Bechtel. We see Halliburton. We see Bush, Cheney, Rumsfeld, Wolfowitz, Powell, Rice, Perle, Ashcroft, Murdoch, many. We see no WMDs. We see dead young Americans. We see no WMDs. We see dead Iraqi civilians. We see no WMDs. We see chaos in the Baghdad streets. But no WMDs. We see the disappearance of a murderous Iraqi dictator, who relented his struggle and ran without the use of WMDs.
Now I want to see one more thing. In Iraq, and in the United States, I want to see who’s the boss. I want to see who’s the people. I want to see who are the sheep. And I want to know the lions. I don’t know what the future of the Iraqi people will be. I don’t know what the future of our own people will be. I do know, that while we all watched the headlines, the drama, the indelible, the horrifying and forever unjustifiable violence that occurred in the United States on September 11, 2001, that it has diverted our eyes from the beauty of this country, and its foundation that act was intended to shake. It seems Osama Bin Laden’s agenda is being furthered by our fear, promoted by the invective language of media and a Congress that shamefully cowers from criticism, as we hack away at the arms, the legs, and the soul of our own civil liberties, our constitution, our principles, and our flag.
There has never been a time when it has been more important for citizens to stand up, to speak, to agree, to disagree, to resolve, to be non-violent. To be nonviolent. When we allow prideful killers to define our value as presumption, then only murder can live in our dreams. We can’t be shamed into hiding, frightened into line. We can’t be less than yesterday. And we can’t sit still today. Not if we love our children. This is a question of a peoples’ internal reflection preceding their government’s external reaction. In 1939, William Saroyan wrote:
“In the time of your life , live – so that in that good time there shall be no ugliness or death for yourself or for any life your life touches. Seek goodness everywhere, and when it is found, bring it out of its hiding place and let it be free and unashamed. Place in matter and in flesh the least of the values, for these are the things that hold death and must pass away. Discover in all things that which shines and is beyond corruption. Encourage virtue in whatever heart it may have been driven into secrecy and sorrow by the shame and terror of the world. Ignore the obvious, for it is unworthy of the clear eye and the kindly heart. Be the inferior of no man, nor of any man be the superior. Remember that every man is a variation of yourself. No man’s guilt is not yours, nor is any man’s innocence a thing apart. Despise evil and ungodliness, but not men of ungodliness or evil. These, understand. Have no shame in being kindly and gentle, but if the time comes in the time of your life to kill, kill and have no regret. In the time of your life, live – so that in that wondrous time you shall not add to the misery and sorrow of the world, but shall smile to the infinite delight and mystery of it.”
Philosophically, Saroyan offers a noble aspiration. But we have to be very careful, whether listening to the television after a hard day’s work, or while reading a poem at a luxury resort, to be men and women of our own time. When he wrote about a time “to kill” he wrote in a world without nuclear proliferation, massive globalization, television, or the decimation of a nation’s long held traditions. He was a man of his time as we are of ours. We are struggling now with the question of whether there is any longer a time to kill. We are grappling perhaps with memetic evolution. God help us, at some point we may need to exercise military action to counter real and specifically targeted threats. But real threats require the existence of real opposition in debating strategies where the lives of American soldiers and innocent civilians are threatened. With few exceptions, notably congresspeople Barbara Lee and Dennis Kucinich and Senators Robert Byrd and Ted Kennedy, the Democratic leadership has been entirely complicit. And it has been an obscene and cowardly betrayal of their constituencies.
I’m not a Democrat, not a Republican, not a Green, not aligned with any party. Yet, as a citizen of the United States, I was raised in the public school system of the 1960’s and ’70s. Each morning, following the first bell, we were called upon as young boys and girls to stand, put our right hand over our hearts, and pledge allegiance to the flag of our country. As a schoolboy, I participated in this tradition unquestioningly and by rote. When in fact, neither flag, nor country, nor school for that matter, is of much interest to most young boys dreaming of bicycle rides, surfing, or the girl in the front of the class. (Was it the way the flag waved or the wave of her hair I’d pledged to?… I don’t remember.)
Of course, with age, and maturity, come examination of, and rebellion toward, the traditions and compulsory behaviors of our childhood. With some time however, we gain at least an objective appreciation and respect for the great symbol of sacrifice and heroism reflected in such an icon as our flag (albeit historically and presently intermingled with varying degrees of corruption and exploitation). Ultimately though, as with many things in this life, these symbols are vulnerable to underappreciation, until we have lost them. I am an American and I fear that I, and our people are on the verge of losing our flag. If it is lost, it will have been under our watch, under mine and undermined.
Only five short years ago, September 12th, 1998, I sat upon a wooden church pew as a military honor guard reached across my lap to place a precisely folded American flag into the stoic hands of my father’s widow. His beloved wife of forty-one years… my mother. My dad, Leo Penn had died from lung cancer at the age of 77. (The last time I saw my father was in a viewing casket on September 11th.) A decorated soldier in World War II and a blacklisted artist in the ’50s, it was this cloth of Stars and Stripes and all it had meant to him, and had come to mean to me, that brought unexpected and unrestrained emotion. The soldier, in his fine dress uniform, began to speak to my mother “In the name of the President of the United States and in gratitude for your husband’s heroic…” And that was it, I was gone. I thought, where the hell did this flood of emotion come from?
But, the answer came quickly. My father loved this country so deeply, and he had passed that love and patriotism on to his three sons. At that moment, this son, this distracted boy from the public school system, became all that patriotic could describe in a living civilian, and that flag before my mother’s now gently tear-streaked face, came to embody every freedom, privilege, and pride I’d ever known. It symbolized my father. His great heart, his kindness, his courage, and yes, even his (I was lucky)occasional human lapses.
Yet, now here we are, just those five short years have passed, and that same flag that took me so long to love, respect, and protect, threatens to become a haunting banner of murder, greed, and treason against our principles, honored history, Constitution, and our own mothers and fathers. To become a vulgar billboard, advertising our disloyalty to ourselves and our allies. Our forefathers entrusted that flag and what it should stand for, whether in times of bliss or terror, to our fathers and mothers. And they have entrusted it to us. The responsibility”for which it stands” is ours. That flag is my father and I want him back.
It is May 2, 2003 — a grey day in Northern California. My now 12-year-old daughter is on the phone in our kitchen organizing a movie-going troupe of friends for a Friday evening show. “Is CHICAGO still playing?” They want a second viewing. They want song. And they want dance. My son is outside skateboarding (perhaps dreaming of the girl in the front of the class). President George W. Bush was having his back slapped on the aircraft carrier Abraham Lincoln yesterday. He seemed quite pleased with this, his military service. He likes it better now than he did when he was a member of the Texas National Guard, when in 1972, he simply failed to show up for duty for over a year in wartime. I certainly wouldn’t want to remind him that were he AWOL in a time of war, it would amount to treasonous desertion. Yet, beside him, in his self-satisfaction, much of our country, losing jobs, and increasing debt, is portrayed as being quite pleased with him,too. And why not? This is his debutante ball, isn’t it? This young man of privilege, who never had the curiosity to set foot outside our country before becoming our President, was dressed in his “top gun” jumper, flown in, onto the flight deck of the Lincoln. I didn’t need a second viewing of this one. Tom Cruise was fine by me. Like my daughter and her friends, I’m in the mood for a little song and dance, too. But while we sing and while we dance, can it be a song of hope? Can we share a drink among friends and be responsible enough not to drive home, killing the child of another with a recklessly driven car? Can we consider United States’ policy internationally? Can we consider that the Afghans, Iraqis, Africans, so many, and yes, even here in America need food, water, medicine, hope and sweet dreams? That entire cultures are disintegrating and will be gone in our childrens’ lifetime. That the millions of people in need who make up so much of the world, where we stand as the greatest Democracy in its history, leave us to dance with them in our hearts and minds, or, to dance upon them, their graves and those of their children.
We are being told that the needs of these people and nations are being met. We are being told that our principles and our nation’s rewards are being preserved and won for our people. We have been told many things. But if we do not participate in an educated democracy, we participate in its demise. We all have different means. Be it a letter to a congressman, charity support, or a piece in the New York Times. But whatever our means, and imagination, we must speak. We must question. We must value ourselves, our integrity, our families, our hearts, and the country my father and so many others served. And soon, we must do one more thing… we must vote.
“Dad, can you drive us to the movies?” Duty calls.
Imagine you are a Palestinian academic or a student
Nazmi Al-Masri on August 12, 2014 Over the one-year period from July 2013 to July 2014, I was supposed to participate in six international academic conferences and meetings as a partner in four international projects: three EU-funded projects (two from Erasmus-Mundus, one Tempus) and one British Arts and Humanities Research Council-funded project. Because of the siege and the current war, I
Translaboration in Analogue and Digital Practice: Labour, Power, Ethics
Associate Professor in Translation Studies, Sultan Qaboos University
Translating the Crisis
British Council/University of Jordan Symposium, Amman, 5-7 September 2013
Royal Visit to BA Translation & Interpreting Studies Workshop, Amman, 2011
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The Look Ahead: How Can You Address The Skills Gap? Join IndustryWeek’s Free Briefing!
Click here to see MSCI’s full calendar of upcoming events.
Week Of February 8, 2016: The U.S. Senate and U.S. House are in session.
February 9, 2016, 10 a.m. ET: The National Association of Manufacturers will hold a forum on tax issues with Sen. Dean Heller (R-NV). Click here to register.
February 23, 2016, 12 p.m. ET, Washington, DC: The National Association of Manufacturers will launch a new “Fiscal Forum” series focusing on debating and considering possible solutions to address the United States’ long-term fiscal challenges. Click here to register.
February 25, 2016, 2 p.m. ET, Online: IndustryWeek will hold a free webinar outlining ways manufacturers can address their skills gap. Registration is available here.
February 25-26, 2016, Orlando, FL: MSCI holds its 2016 Carbon Products Division Conference.
March 3, 2016, New Orleans, LA: The Fifth Circuit Court of Appeals will hear industry’s challenge to the National Labor Relations Board’s ambush elections rule. Learn more about that rule here.
March 10-11, 2016, San Antonio, TX: MSCI holds its 2016 Specialty Metals Division Conference.
April 30-May 2, 2016, Salt Lake City, UT: MSCI will host its annual meeting.
June 7-8, 2016, Washington, DC: MSCI and The National Association of Manufacturers will hold its annual fly-in to Washington, DC. Stay tuned for more information!
September 12-13, 2016, Schaumberg, IL: MSCI will host its annual economic summit.
November 12, 2016, 6 p.m. ET, Palm Beach, FL: MSCI Board of Directors reception and dinner.
November 13, 2016, 8 a.m. ET, Palm Beach, FL: MSCI Board of Directors meeting.
November 13-15, 2016, Palm Beach, FL: MSCI holds its 2016 Aluminum Products Division Conference.
Labor & Employment Policy
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Study for the Language of Verticals
VEGAP, Madrid
Nowadays nobody disputes the pioneering role of František Kupka in abstract painting. In 1896 the Czech painter, who trained as an artist in Prague and Vienna, settled in Paris, where he earned his living as an illustrator for a time. He found the French capital to be a more suitable environment for developing his personal, non-objective vision of art, and as early as 1912 the Salon d’Automne exhibited his first totally abstract works with titles referring to shapeless forms and music, such as Amorpha. Fugue in Two Colors.
In the present Study for the Language of Verticals, which Serge Fauchereau defined as a “symphony of gloomy black and red basaltic organs, ” the dominant element is, as the title indicates, a succession of vertical lines which form a sort of backdrop positioned in parallel to the picture plane. Although Kupka may have drawn inspiration from the verticals of Gothic architecture, any resemblance to reality disappears when the idea is translated into painting. The repetitive vertical sequence interrupted only by a series of rhomboidal forms recalls a textile pattern. His abstraction, full of meanings and philosophical intents, comes close to music and the theories of the surge of energy that were so fashionable in his day. In an essay entitled La Création dans les arts plastiques of 1923 expounding his ideas on art as a mechanism for creating images on the fringes of nature, Kupka wrote: “There is in the vertical all the majesty of the static. It contains at once top and bottom, reuniting them, but dividing space horizontally. Repeated as a series of parallels, the vertical expands horizontally in tense and dumb anticipation.”
The Machine Drill
Localization of Graphic Motifs I
Syncopated Accompaniment (staccato)
Looking onto a Square, 1912, 10
Siglo XXs.XX - Pintura europea. Pioneros de la abstracciónPaintingOilcanvas
The exploitation rights of the images belong to the Fundación Colección Thyssen-Bornemisza. However, all photographic images are protected by the author’s copyright. Therefore, regardless of the conditions of use of the images set out by the Foundation, it is necessary to obtain a license from VEGAP (www.vegap.es) first or, where applicable, permission from the holders of the rights. The Fundación Colección Thyssen-Bornemisza permits the images to be downloaded in high resolution from its website for private or educational/academic purposes, subject to the terms of use below.
The use of images is only granted for private or educational/academic purposes. Use for educational purposes is defined as the non-commercial and non-advertising use of images in presentations, lectures, school or university projects, and academic or research publications of which no more than 1,000 not-for-profit copies are printed. The material may not be reproduced without first obtaining a licence from VEGAP (described in paragraph 6).
If the images are being used for purposes other than those described abovein paragraph 4, prior written permission from the Fundación Colección Thyssen-Bornemisza is required.
The reproduction of the images made available free of charge by the Fundación Colección Thyssen-Bornemisza for the purposes described in paragraph 4 are protected by copyright. In Spain, copyrights are managed by an independent body called the Visual Entidad de Gestion de Artistas Plásticas (VEGAP). The material may not be reproduced without first obtaining a licence from VEGAP, (for more information go to www.vegap.es). Any previously licensed reproductions of the copyrighted images, whether in part or in whole, must mention the copyright holder and the following note: Provenance: Thyssen-Bornemisza Museum.
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WATCH: Coronavirus House Calls primetime special ‘Combating the Comeback’
A panel of the nation's top doctors answer YOUR questions on the COVID-19 pandemic
by: Emma Simmons and Executive Producer | Chandler Gory, Producer
Posted: Jul 6, 2020 / 01:21 PM CDT / Updated: Jul 10, 2020 / 08:08 PM CDT
Have a question about COVID-19 or the resurgence in cases amidst the country’s reopening? Our doctors share answers you can trust in the hour-long special “Coronavirus House Calls: Combating the Comeback.”
CBS 42’s Art Franklin
BIRMINGHAM, Ala. (WIAT) — As the death toll from the coronavirus (COVID-19) pandemic continues to rise in the U.S., we’re looking past statistics. With a resurgence in U.S. coronavirus cases amidst the country’s reopening, confusion surrounds our ever-evolving situation. We’re here to talk about your concerns, differentiate between fact and fiction, and move from fear to hope as we navigate this “new normal” together.
[WATCH: Dr. Fauci answers your questions on ‘Coronavirus House Calls’]
That’s why we’ve assembled a panel of the nation’s top doctors to answer your biggest questions about the fight against COVID-19 in the Nexstar digital original series, “Coronavirus House Calls,” hosted by Emmy award-winning CBS 42 Anchor Art Franklin.
If you have a fever or cough, you might have COVID-19. Most people have mild illness and are able to recover at home. Keep track of your symptoms. If you have an emergency warning sign (including trouble breathing), get medical attention right away.
Bernard Chang, MD, PhD (Manhattan, NY)
Emergency medicine physician, psychologist & professor, Columbia University
Dr. Bernard P. Chang is the Vice Chair of Research in the Department of Emergency Medicine at Columbia University. A practicing emergency physician and research psychologist, he is a national leader and expert on neurological and psychiatric emergencies, with interests in the psychological and physiological effects of stress in both patients and clinicians. Dr. Chang has received grant funding at the institutional, state, and federal level, and was one of the youngest faculty in the history of Emergency Medicine to be awarded an independent federal grant (R01). Dr. Chang received his PhD from Harvard in psychology, his MD from Stanford and completed his Emergency Medicine residency training at the Harvard Affiliated Emergency Medicine Residency at Massachusetts General Hospital and Brigham and Women’s Hospital. Prior to medical school he served as a sailboat captain doing boat deliveries internationally.
Follow Dr. Chang on Twitter: @bernardchangMD
Esther Choo, MD, MPH (Portland, OR)
Professor of Emergency Medicine, Oregon Health & Science University
Esther Choo, MD MPH, is an emergency medicine physician, health services researcher, and founder of Equity Quotient. She started the hashtag #GetMePPE to draw national attention to the shortage of critical equipment for health care workers, and has been outspoken about COVID-related medication shortages, health inequities, and gaps in public health strategies. She is Chief Medical Advisor for Jupe Health, which is building mobile housing and healthcare units to expand care capacity in crisis times. Her podcast, Doctor’s Log, presents observations about the pandemic from the healthcare perspective.
Dr. Choo’s media appearances include MSNBC ( Rachel Maddow, Ari Melber) and CNN (Wolf Blitzer, Don Lemon). She has in participated in the following interviews and podcasts: TED Talk, Aspen Health #ACTIVATE, and Hysteria. Dr. Choo has also written for The Lancet and NBC Think. She has been quoted in the following publications: The Atlantic, Vox, The Washington Post, The New York Times, and Forbes.
Follow Dr. Choo on Twitter.
Cedric Dark, MD, MPH, FACEP (Houston, TX)
Emergency medicine physician & board member, Doctors for America
Cedric Dark (Baylor College of Medicine)
Dr. Cedric Dark serves on the COVID-19 frontlines in Houston and is observing firsthand the precarious balance of the pandemic’s public health impacts with the very real economic and societal considerations. He is dedicated to bridging the gap between health policy and medicine. Dr. Dark currently writes and speaks about the disparities in health outcomes for minorities, particularly the Black community. He writes for the layperson at policyprescriptions.com on advancing evidence based health policy, including women’s health, access to care for vulnerable populations, gun violence, health equity, and universal coverage. Dr. Dark is an assistant professor of emergency medicine at the Baylor College of Medicine in Houston, Texas.
Dr. Dark has recently been featured in the following media: MSNBC, Yahoo!, Newsy, H-Town Progressive
Follow Dr. Dark on Twitter.
Michael Saag, MD (Birmingham, AL)
Director of the Center for AIDS Research, University of Alabama at Birmingham
Dr. Saag received a B.S. in chemistry with honors in 1977 from Tulane University, earned his medical degree with honors from the University of Louisville, and completed his residency and infectious disease and molecular virology fellowship training at the University of Alabama at Birmingham. During the last six months of his fellowship, Dr. Saag conceived the concept of a comprehensive HIV outpatient (1917) clinic dedicated to the provision of interdisciplinary patient care in conjunction with the conduct of high quality clinical trials, translational science, and clinical outcomes research. Within the clinic structure, he established a clinical trials unit, a data management center, and a Clinical Specimen Repository designed to support the activities of the newly established Center for AIDS Research at UAB. In essence, the clinic became a “hub” for the clinical, basic science, and behavioral science investigators by creating a dynamic interface between the patients and the investigators.
Dr. Saag has participated in many studies of antiretroviral therapy as well as novel treatments for opportunistic infections. He has published over 450 articles in peer-reviewed journals, including the first description of the use of viral load in clinical practice (Science, 1993), the first description of the rapid dynamics of viral replication (Nature, 1995), the first guidelines for use of viral load in practice (Nature Medicine, 1996), and the first proof of concept of fusion inhibition as a therapeutic option (Nature Medicine, 1998). He directed the ‘first-in-patient’ studies of seven of the 30 antiretroviral drugs currently on the market.
Dr. Saag co-edited a textbook entitled “AIDS Therapy” (now in its 3rd edition) and currently serves as an Editor of the “Sanford Guide for Antimicrobial Agents” and the “Sanford HIV Guide.” Dr. Saag serves on the International AIDS Society-USA Board of Directors, is a past president of the HIV Medical Association, is Chair of the IAS-USA Antiretroviral Therapy Guidelines panel, was a founding Co-Chair of the AASLD/IDSA Hepatitis C Guidelines Panel, and is a past-member of the HHS Guidelines Panel on Antiretroviral Therapy and the WHO Antiretroviral Therapy Guidelines panel.
In 2014, he was the Castle-Connolly National Physician of the Year and was inducted into the Alabama Healthcare Hall of Fame. An accomplished teacher, Dr. Saag has been awarded Argus awards annually by the UAB medical students as Best Lecturer in the Patient, Doctor, and Society module. Dr. Saag recently published a memoir entitled “Positive: One Doctor’s Personal Encounters with Death, Life, and the US Healthcare System,” now in its second printing.
Follow Dr. Saag on Twitter.
WATCH CORONAVIRUS HOUSE CALLS
"I went and had it done at the St. Elizabeth's clinic. It was pretty quick. . . It was a pretty traditional vaccine. I received it, my arm was a little sore for a day or so." - Dr. Kenneth Visalli, Primary Care Physician, Slocum Dickson Medical Group
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Report: Census hasn’t tested tasks to catch false answers
by: MIKE SCHNEIDER, Associated Press
FILE – In this Friday, Jan. 17, 2020, file photo, U.S. Census Bureau Director Steven Dillingham addresses state and Alaska Native leaders in Anchorage, Alaska. With six weeks to go until most U.S. residents start filling out the 2020 Census questionnaire, an Inspector General’s report says the Census Bureau hasn’t tested a new process designed to help catch people who lie on their forms. (AP Photo/Mark Thiessen, FIle)
ORLANDO, Fla. (AP) — With six weeks to go until most U.S. residents start filling out the 2020 Census questionnaire, an Inspector General’s report says the Census Bureau hasn’t tested a new process designed to help catch false answers.
The Inspector General’s report released last week reviewed a 2018 test-run in Rhode Island of the once-a-decade head count, focusing on operations in which census takers go into neighborhoods seeking answers from homes where residents haven’t filled out their forms.
The report found that the Census Bureau had planned to test the quality of the data collected from the forms by sending out census takers to homes where respondents gave suspicious answers. But the budget kept the bureau from testing the new plan in Rhode Island, and “the untested process presents risk to the quality of 2020 Census data,” the Inspector General’s report said.
The bureau also has a plan to have census takers re-interview residents at some homes that already have been visited by a Census Bureau worker in order to serve as a check against any worker who gives falsified answers. But the bureau was unable to fully test the plan in Rhode Island because of a staffing shortage, the report said.
The Inspector General’s report said that some census takers were sent out to neighborhoods, during the test-run, before the bureau could verify they were trained properly. The report also noted that managers didn’t respond to alerts about problems with census takers in 15 percent of cases.
The 2020 Census is the first ever in which the Census Bureau is encouraging most respondents to answer the questionnaire online, although people can still respond by telephone or by mailing back paper forms. The 2020 count will help determine the allocation of $1.5 trillion in federal spending and how many congressional seats each state gets.
In its response to the Inspector General’s r eport, the Census Bureau said it had recently tested some parts of the plan meant to catch false answers.The bureau also said it had fixed a defect that had prevented it from recording the training-test scores of census takers. Regarding the alert system, the bureau said there were a number of alerts that were issued in error.
“We concur in the recommendations and believe we have already addressed all of them,” said Steven Dillingham, the Census Bureau’s director, in a letter to the Inspector General.
Follow Mike Schneider on Twitter at https://twitter.com/MikeSchneiderAP
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Donald Trump ushers in a new era of kakistocracy: government by the worst people
Trump will lead the whitest, most male cabinet in memory – a bizarre melange of the unqualified and the unhinged.
By Mehdi Hasan
Follow @@mehdirhasan
“What fills me with doubt and dismay is the degradation of the moral tone,” wrote the American poet James Russell Lowell in 1876, in a letter to his fellow poet Joel Benton. “Is it or is it not a result of democracy? Is ours a ‘government of the people by the people for the people’, or a kakistocracy rather, for the benefit of knaves at the cost of fools?”
Is there a better, more apt description of the incoming Trump administration than “kakistocracy”, which translates from the Greek literally as government by the worst people? The new US president, as Barack Obama remarked on the campaign trail, is “uniquely unqualified” to be commander-in-chief. There is no historical analogy for a President Trump. He combines in a single person some of the worst qualities of some of the worst US presidents: the Donald makes Nixon look honest, Clinton look chaste, Bush look smart.
Trump began his tenure as president-elect in November by agreeing to pay out $25m to settle fraud claims brought against the now defunct Trump University by dozens of former students; he began the new year being deposed as part of his lawsuit against a celebrity chef. On 10 January, the Federal Election Commission sent the Trump campaign a 250-page letter outlining a series of potentially illegal campaign contributions. A day later, the head of the non-partisan US Office of Government Ethics slammed Trump’s plan to step back from running his businesses as “meaningless from a conflict-of-interest perspective”.
It cannot be repeated often enough: none of this is normal. There is no precedent for such behaviour, and while kakistocracy may be a term unfamiliar to most of us, this is what it looks like. Forget 1876: be prepared for four years of epic misgovernance and brazen corruption. Despite claiming in his convention speech, “I alone can fix it,” the former reality TV star won’t be governing on his own. He will be in charge of the richest, whitest, most male cabinet in living memory; a bizarre melange of the unqualified and the unhinged.
There has been much discussion about the lack of experience of many of Trump’s appointees (think of the incoming secretary of state, Rex Tillerson, who has no background in diplomacy or foreign affairs) and their alleged bigotry (the Alabama senator Jeff Sessions, denied a role as a federal judge in the 1980s following claims of racial discrimination, is on course to be confirmed as attorney general). Yet what should equally worry the average American is that Trump has picked people who, in the words of the historian Meg Jacobs, “are downright hostile to the mission of the agency they are appointed to run”. With their new Republican president’s blessing, they want to roll back support for the poorest, most vulnerable members of society and don’t give a damn how much damage they do in the process.
Take Scott Pruitt, the Oklahoma attorney general selected to head the Environmental Protection Agency (EPA). Pruitt describes himself on his LinkedIn page as “a leading advocate against the EPA’s activist agenda” and has claimed that the debate over climate change is “far from settled”.
The former neurosurgeon Ben Carson is Trump’s pick for housing and urban development, a department with a $49bn budget that helps low-income families own homes and pay the rent. Carson has no background in housing policy, is an anti-welfare ideologue and ruled himself out of a cabinet job shortly after the election. “Dr Carson feels he has no government experience,” his spokesman said at the time. “He’s never run a federal agency. The last thing he would want to do was take a position that could cripple the presidency.”
The fast-food mogul Andrew Puzder, who was tapped to run the department of labour, doesn’t like . . . well . . . labour. He prefers robots, telling Business Insider in March 2016: “They’re always polite . . . They never take a vacation, they never show up late, there’s never a slip-and-fall, or an age, sex or race discrimination case.”
The billionaire Republican donor Betsy DeVos, nominated to run the department of education, did not attend state school and neither did any of her four children. She has never been a teacher, has no background in education and is a champion of school vouchers and privatisation. To quote the education historian Diane Ravitch: “If confirmed, DeVos will be the first education secretary who is actively hostile to public education.”
The former Texas governor Rick Perry, nominated for the role of energy secretary by Trump, promised to abolish the department that he has been asked to run while trying to secure his party’s presidential nomination in 2011. Compare and contrast Perry, who has an undergraduate degree in animal science but failed a chemistry course in college, with his two predecessors under President Obama: Dr Ernest Moniz, the former head of MIT’s physics department, and Dr Steven Chu, a Nobel Prize-winning physicist from Berkeley. In many ways, Perry, who spent the latter half of 2016 as a contestant on Dancing with the Stars, is the ultimate kakistocratic appointment.
“Do Trump’s cabinet picks want to run the government – or dismantle it?” asked a headline in the Chicago Tribune in December. That’s one rather polite way of putting it. Another would be to note, as the Online Etymology Dictionary does, that kakistocracy comes from kakistos, the Greek word for “worst”, which is a superlative of kakos, or “bad”, which “is related to the general Indo-European word for ‘defecate’”.
Mehdi Hasan has rejoined the New Statesman as a contributing editor and will write a fortnightly column on US politics
› Labour can be populist and English without copying Donald Trump
Mehdi Hasan is a contributing writer for the New Statesman and the co-author of Ed: The Milibands and the Making of a Labour Leader. He was the New Statesman's senior editor (politics) from 2009-12.
To stay on top of global affairs and enjoy even more international coverage subscribe for just £1 per month!
This article appears in the 19 January 2017 issue of the New Statesman, The Trump era
How patient safety and innovation can work hand in hand
By Chris Tovey
How South Korea’s Covid-19 success faltered
How democracy could become one of the pandemic’s lasting victims
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Home > Personalities, Cabaret, Broadway, Jazz, Dance, etc. . . > Die Lustige Witwe (The Merry Widow) (Ackermann; Schwarzkopf, Gedda, Kunz) (Naxos 8.111007)
Item# OP0851
OP0851. DIE LUSTIGE WITWE, recorded 1953, w.Ackermann Cond. Philharmonia Orchestra & Chorus; Elisabeth Schwarzkopf, Nicolai Gedda, Erich Kunz, Emmy Loose, etc. (Canada) Naxos 8.111007. Transfers by Mark Obert-Thorn. Final Sealed Copy! - 747313300723
"Widely admired for his sensitive musicianship, masterly tonal control and impeccable diction in a spate of European languages, Mr. Gedda possessed a lyric tenor voice that shimmered like silver but was no less warm for that. He was one of the most versatile, and professionally long-lived, tenors of his era, with many dozens of roles to his name in a career that lasted until he was well into his 70s - a good two decades past a classical singer's customary retirement age. Over a quarter-century, he sang 367 performances with the Metropolitan Opera, from his debut in the title role of Gounod's FAUST in 1957 to his final performance, as Alfredo in Verdi's LA TRAVIATA, in 1983. But the role for which Mr. Gedda was very likely most famous was Russian: Lensky, the young poet in Tchaikovsky's EUGENE ONEGIN. Reviewing Mr. Gedda in a concert performance of ONEGIN with the Boston Symphony in 1976, Richard Dyer wrote in THE BOSTON GLOBE: 'The tenor's voicing of Lensky's aria - an ideal union of responsiveness to word and musical line, a demonstration of vocal and technical mastery and varied and beautiful tone, and an expression of wise and generous human feeling - was a classic demonstration of why, for some of us at least, operatic singing is the highest achievement of human art'.
Mr. Gedda made his United States debut in 1957, singing Faust with the Pittsburgh Opera. Reviewing his Met debut, in the same role later that year, under the baton of Jean Morel, Howard Taubman wrote in THE NEW YORK TIMES: 'His carriage is tall and straight and his movement buoyant. It is credible that he will attract Marguerite. Even more impressive than his appearance is the intelligence of his singing'.
With the Met, he also sang Anatol in the world premiere of Samuel Barber's VANESSA, conducted by Dimitri Mitropoulos in 1958, and Kodanda in the United States premiere of Gian Carlo Menotti's THE LAST SAVAGE, under Thomas Schippers, in 1964."
- Margalit Fox, THE NEW YORK TIMES, 10 Feb., 2017
"Of all the important tenors active during the latter half of the twentieth century, Nicolai Gedda was by far the most versatile and industrious, a questing musical spirit who left few areas of the operatic and song repertories unexplored. During a career that spanned nearly fifty years, Gedda was in demand the world over for the warm, sweet, silvery beauty of his voice, his patrician command of style, and an unshowy but dazzling technical virtuosity that was invariably in the service of the music.
Born to poor parents in Stockholm, Gedda was raised by his father's sister and her Russian husband, a Don Cossack singer and cantor in a Russian orthodox church. It was from his strict stepfather that Gedda picked up his facility with languages and reading music - as well as an innate shyness and a distaste for confrontation that did not serve him well in later dealings with opera managements, not to mention two unhappy early marriages. The vocal rudiments were there from the beginning, however, and while he was working at his first job, as a bank teller, one of his helpful customers recommended a teacher - Carl-Martin Oehman, a former lyric tenor at Stockholm Opera and mentor of Jussi Bjorling.
Oehman, Gedda once recalled in his typically modest way, 'taught me all the essentials, which I knew nothing about'. One can't help thinking that the perfect vocal placement, firm muscular support, smooth register management and sovereign musical instincts were already present, just waiting to be coaxed out. Additional studies at Stockholm Conservatory lasted just two years before Gedda - in 1952, at age twenty-six - was given the leading role in Adam's POSTILLON DE LONJUMEAU at the Royal Opera and created a sensation, especially with the brilliant high Ds that cap the coachman Chapelou's famous entrance aria. Walter Legge, EMI's legendary record impresario, and his wife, Elisabeth Schwarzkopf, were in town and demanded to hear the new tenor everyone was raving about. After a short audition, Legge immediately fired off cables to conductor Herbert von Karajan and Antonio Ghiringhelli, the intendant of La Scala: 'Just heard the greatest Mozart singer in my life: his name is Nicolai Gedda'.
What happened next would probably leave any young singer breathless. Gedda was instantly cast as Dimitri in EMI's splashy new recording of BORIS GODUNOV, starring Boris Christoff ('that BORIS recording opened the doors of the world to me', Gedda once remarked), and he made a La Scala debut as Don Ottavio in DON GIOVANNI under Karajan's baton. Gedda suddenly had invitations to sing everywhere - Faust and Weber's Oberon in Paris, the Duke of Mantua at Covent Garden and dozens of other requests from Rome, Vienna, Salzburg, Berlin, Munich and Tokyo.
Meanwhile Legge kept Gedda busy in the recording studios after BORIS with Bach's b-minor Mass under Karajan, rarities such as Cornelius' BARBIER VON BAGHDAD and the French version of Gluck's ORPHEE, Strauss' CAPRICCIO, Pinkerton in MADAMA BUTTERFLY, Faust, as well as solo recitals covering a wide range of repertory. One of the most impressive examples I know of the young Gedda on disc, at age twenty-eight, is Lehars LAND DES LACHELNS, in which he sings the mysterious yet passion-driven Prince Sou-Chong, a role made famous by Richard Tauber. It's a ravishing piece of singing, delicately shaded and exquisitely controlled until all the character's banked-up emotions come tumbling out in a glorious rendition of the Tauberlied, 'Dein ist mein ganzes Herz'. Even here, vocal connoisseurs will marvel at the singer's technical control when Gedda eases into the reprise of the big tune without so much as drawing a breath.
Rudolf Bing snapped up Gedda early on (an unusual move by this canny impresario, who usually liked to keep Metropolitan Opera audiences expectantly waiting, even for the most sensational new discoveries), and Gedda made his Met debut on 1 November, 1957, as Faust. Thereafter the tenor, like so many important singers of his generation, tended to base himself in New York, while reserving plenty of time to fulfill engagements in Europe and make hundreds of recordings. So New York heard Gedda display the full range of his vocal talents and language facility until he left the company in 1983 - classic roles (Don Ottavio, Adméto in ALCESTE), standard repertory (the Duke, Alfredo, Rodolfo, Pinkerton, Edgardo), French specialties (Hoffmann, Don José, des Grieux, Pelléas, Roméo), bel canto (LA SONNAMBULA, L'ELISIR D'AMORE, DON PASQUALE), Russian roles (Dmitri, Lenski, Gherman), new American opera (VANESSA and THE LAST SAVAGE) and even a touch of operetta (Johann Strauss' GYPSY BARON). Gedda never generated the hysterical fan response of, say, Franco Corelli, but few left his finely nuanced, vocally secure, emotionally generous performances feeling cheated.
Gedda wound down his career slowly during the 1990s, giving concerts, teaching and taking on occasional character roles, such as the ancient Abdisu, Patriarch of Assyria, in Covent Garden's 1997 production of Pfitzner's PALESTRINA. He also finally found marital contentment in 1997 with Aino Sellermark, who collaborated with Gedda on his memoirs, MY LIFE AND MY ART. The couple settled in what appeared to be an idyllic retirement in Tolochenaz, a Swiss villa, where Gedda could take pride in recalling an extraordinarily productive career that had made him one of the most admired and widely heard tenors of his generation. Gedda died 8 January, 2017, aged 91."
- Peter G. Davis, OPERA NEWS, 9 Feb., 2017
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Newcastle University > Press Office
Working from home project
Project looks at impact of working from home
A project led by Newcastle University is helping to understand how the shift to full-time home-based working is impacting the relationship between work and home life.
Domestic tensions
Led by Professor Abigail Marks, of Newcastle University Business School, the Working@Home project is looking at how working from home as a result of the COVID-19 pandemic varies across socio-economic groups, the role it may play in enforcing negative gender roles, and how domestic tensions fuelled by social distancing and employment insecurities have been heightened.
The research team, which also involves the universities of Edinburgh and Stirling, want to look at whether people have space at home to effectively undertake their job, if the shift to home-based working has impacted on their productivity and wellbeing, and the extent to which people are being supported by their employer while working from home.
Alongside looking at changes in wellbeing, job security, job satisfaction, productivity, and the social aspects of work, the researchers also wish to identify how the increase in home-based working has shifted consumption and shopping habits.
Professor Marks said: “The pandemic has forced organisations to embrace home-based working at breakneck speed, with little opportunity to consider the impact on workers. Much has been made about the positive possibilities offered by working from home but there are also concerns around it, including poor work-life balance, enhanced domestic tensions, and disproportionately negative impacts on lower socio-economic groups.
“This research will identify how this radical shift in working arrangements is affecting the wellbeing and productivity of workers and their households.”
The UK-wide project – funded by UK Research and Innovation’s Economic and Social Research Council – has been running since May 2020. The research team are still keen to hear from anyone who has started to work from home for the first time as a result of the COVID-19 pandemic, and have launched a second online survey on the Working@Home website.
The first wave of research carried out as part of the project highlighted that one in three of respondents (34%) share their home working space, more than a third of respondents (37%) said that household conflicts have increased, and nearly one in four reported that they are doing poorly or very poorly in terms of general health.
A further interim set of results of the research are expected in early 2021, and Professor Marks and the team will share their findings and recommendations widely with organisations, businesses, and SME networks across the UK. The team are also working with government to ensure that their research plays an important role in shaping policy on home-based working and will soon submit expert evidence as part of the House of Lords inquiry into how the rapidly increasing reliance on digital technology, accelerated by the pandemic, may have a long-term impact on our social and economic wellbeing.
The online survey will be open until the end of December 2020 and can be accessed at www.workingathome.org.uk/get-involved
This research will identify how the radical shift in working arrangements is affecting the wellbeing and productivity of workers and their households.
Professor Abigail Marks
Newcastle University appoints new Pro-Vice-Chancellor Education
Professor Tom Ward has been appointed as the new Pro-Vice-Chancellor Education at Newcastle University.
How can we live longer in better health?
Newcastle experts have contributed to a House of Lords report on healthy ageing and have made recommendations for improvements.
Comment: Scotland is ready for the May elections, despite the pandemic
Writing for The Conversation, Alistair Clark and Toby James discuss the plans to hold Scottish elections in May.
Telephone: (0191) 208 6000 From outside the UK dial +44 191 208 6000
Last updated 9 December 2020 © Newcastle University
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Gas is flared off at Prudhoe Bay
Alaska sits in judgment of B.C.
Home of North America's largest oilfield and the source of daily crude tankers down the B.C. coast, Alaska has mining too
Sep. 1, 2015 7:00 p.m.
Energy and Mines Minister Bill Bennett spent much of last week in Alaska, trying to assure local fishermen and environmentalists that B.C.’s mine approval process is “basically the same” as Alaska’s.
Bennett visited an abandoned mine in northwest B.C. that continues to leak acid and metal pollution into the Taku River, vowing to supervise cleanup by a new operator. He noted that one of B.C.’s proposed new mines includes a 23-km pipe system to move ore out of the shared watershed for processing.
This is typical of the discourse between B.C. and our American cousins. Only our industry is questioned.
Meanwhile in Colorado, the latest mine spill disaster was blamed on a mistake by the U.S. Environmental Protection Agency. And in Alaska as in the rest of the U.S., new metal mines such as the giant Pebble project depend on the same engineering and testing as ours.
Here in Victoria, the Fantasy Island dialogue about oil continued, with Green Party leader Elizabeth May calling a news conference to announce she is (brace yourself) opposed to pipelines and tankers on the B.C. coast. She stood at Clover Point, where daily Alaska crude tankers sail past, many on their way to vast refinery complexes just out of sight at Anacortes and Cherry Point in Washington. A good portion of B.C.’s gasoline comes from there.
Without a drunk-captain incident since 1989, these tankers load up at the terminus of the Trans-Alaska Pipeline System. Let’s take a closer look.
For 47 years, the pipeline has pumped huge volumes of oil across Alaska from the charming northern outpost of Deadhorse to Valdez in the south, just east of Anchorage where cruise ships dock.
In his new book, Rust: The Longest War, science writer Jonathan Waldman calls it “the biggest, baddest oil pipeline in the world.
“From Prudhoe Bay to Prince William Sound, the Trans-Alaska Pipeline System stretches 800 miles, which leaves engineer Bhaskar Neogi accountable for one of the heaviest metal things in the Western Hemisphere, through which the vast majority of Alaska’s economy flows,” Waldman writes. “Daily, the four-foot steel tube spits out $50 million of oil.”
It was once the largest private infrastructure in the U.S. Today it’s the most regulated pipeline in the world, with planes flying infrared sensors to detect leaks of warm oil and “line walkers” looking for soft spots in the permafrost.
And this isn’t low-fat, shade-grown oil for Seattle fuel-sippers. It struggles to flow, with a black asphalt bottom and thick wax that has to be scraped out of the pipeline by the ton with giant “pigs” that clean and monitor walls for corrosion.
The five Prudhoe Bay oilfields have been declining in production for 20 years, to the point where the Trans-Alaska pipeline now carries about a quarter of its design capacity. It’s expected to run out around 2040, but for now Valdez still loads more than a tanker a day.
Waldman writes that when North America’s largest oilfield was discovered in 1968, companies first considered extending the Alaska Railroad up to Deadhorse. But they would have needed 63 trains a day of 100 cars each. Trucks, cargo planes and even nuclear-powered submarines running under the Arctic ice were briefly considered.
Since we had a bit of hand-wringing last week about a small earthquake near Fort Nelson that may or may not have been triggered by hydraulic fracturing, it’s worth noting that Trans-Alaska oil also causes noticeable tremors as it rushes down the Chugach Mountains to a sudden stop at Valdez. But those are American earthquakes, so no story there.
Tom Fletcher is legislature reporter and columnist for Black Press. Twitter: @tomfletcherbc
Excessive speeders need tougher penalties
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Petrino fills coaching staff
by: Dan Lindblad
Bobby Petrino speaks after being introduced as the new NCAA college football head coach at Missouri State during a news conference Thursday, Jan. 16, 2020, in Springfield, Mo. Petrino has a 119-56 record in 14 seasons at Arkansas, Western Kentucky and Louisville and replaces Dave Steckel who was fired after winning just 13 games in five seasons. (AP Photo/Jeff Roberson)
SPRINGFIELD, Mo. — With about a week to spare before the February 2020 signing day, the Missouri State Bears officially announced its football coaching staff.
New head football coach Bobby Petrino brings in nine assistant coaches that are new to Springfield, while retaining one from Dave Steckel’s staff.
The new staff includes:
Nick Petrino, offensive coordinator and quarterbacks coach
Ryan Beard, defensive coordinator and safeties coach
Skyler Cassity, outside linebackers coach
Jeremy Darveau, offensive line coach and run game coordinator
Nelson Fishback, tight ends coach, co-special teams coordinator
Ronnie Fouch, running backs coach, recruiting coordinator and co-special teams coordinator
William Gay, defensive backs coach
Reggie Johnson, inside linebackers coach
L.D. Scott, defensive line coach and run game coordinator
Stephen Bravo-Brown (retained), wide receivers coach
Missouri State will host a meet-and-greet for the new staff on signing day, February 5. The event will be in the Prime Overtime Club before the Bears basketball teams plays against Illinois State.
Missouri State opens the football season at Oklahoma on September 5.
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ALVAREZ BRAVO MANUEL
MEXICO [1902 -2002]
was Mexico’s first principal artistic photographer and is the most important figure in 20th-century Latin American photography. He was born and raised in Mexico City. While he took art classes at the Academy of San Carlos, his photography is self-taught. His career spanned from the late 1920s to the 1990s with is artistic peak between the 1920s to the 1950s. His hallmark as a photographer was to capture images of the ordinary but in ironic or surrealistic ways. His early work was based on European influences, but he was soon influenced by the Mexican muralism movement and the general cultural and political push at the time to redefine Mexican identity. He rejected the picturesque, employing elements to avoid stereotyping. Over his career he had numerous exhibitions of his work, worked in the Mexican cinema and established Fondo Editorial de la Plástica Mexicana publishing house. He won numerous awards for his work, mostly after 1970.
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BOLIN LIU
CHINA[1973]
Artist born in China’s Shandong province. He earned his Bachelor of Fine Arts from the Shandong College of Arts in 1995 and his Master of Fine Arts from the Central Academy of Fine Arts in Beijing in 2001. His work has been exhibited in museums around the world. Also known as "The Invisible Man", Liu Bolin's most popular works are from his "Hiding in the City" series; photographic works that began as performance art in 2005.
Liu belongs to the generation that came of age in the early 1990s, when China emerged from the rubble of the Cultural Revolution and was beginning to enjoy rapid economic growth and relative political stability.
Since his first solo shows in Beijing in 1998, Liu Bolin’s work has received international recognition. Among other international venues, his distinctive photographs and sculptures have been shown at the major contemporary photography festival Les Rencontres d'Arles and he had solo shows at Dashanzi Art Zone in Beijing (2007), Galerie Bertin-Toublanc in Paris (2007), Klein Sun Gallery in New York (2008), Galerie Paris-Beijing in Paris and Brussels (2013), Boxart Gallery in Verona (2008), Forma Foundation for Photography in Milan (2010).
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Tina Knowles-Lawson Reveals the Origins of Her Daughter Beyoncé's Name
“A lot of people don’t know that Beyoncé is my last name."
Tina Knowles-Lawson revealed the origins of Beyoncé's name: Beyoncé was originally her maiden name.
Beyoncé celebrates her relationship with her mom, Tina Knowles-Lawson, in Black Is King, her latest visual album.
Here's what Knowles-Lawson, mother of Beyoncé and Solange, has been up to lately.
There would be no Beyoncé without Tina Knowles-Lawson, the superstar's mother. Even Beyoncé's name pays tribute to her mother, and her New Orleans roots. During an appearance on the In My Head With Heather Thomson podcast, Knowles-Lawson revealed that her maiden name is actually–wait for it!—Beyoncé.
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“A lot of people don’t know that Beyoncé is my last name. It’s my maiden name," she said. "My name was Celestine Beyoncé, which at that time was not a cool thing to have that weird name. I wanted my name to be Linda Smith because those were the cool names."
The 66-year-old is the mother to two of the most prominent visionaries in the entertainment industry today, Beyoncé Knowles Carter and Solange Knowles. She also counts her niece, Angie Beyince, and singer Kelly Rowland, who came to live with the family when she was 11, among her daughters.
Knowles-Lawson is the matriarch of a family of celebrities, but she's definitely a public figure in her own right. Lately, Knowles-Lawson has kept busy as an outspoken activist, philanthropist, art collector, fashion designer, Issa Rae bestie, and undeniable queen of Instagram, where she posts hilarious jokes and hosts her own talk show, with a bent toward social justice.
Prince WilliamsGetty Images
With the release of Black Is King, Beyoncé's visual album, Knowles-Lawson is also in "full-time Beyoncé champion" mode, defending her daughter against what she perceives to be unjust criticism—namely, the allegation that Beyoncé has appropriated African culture in Black Is King—while also celebrating the movie on Instagram.
“Beyoncé was taught from a little girl to lift other women up not to tear them down. She minds her own business, does not criticize anyone, gives of her time and money and dedicates her art to boldly show the royalty and beauty of our heritage and journey! Her work is to change the narrative! To show that we did not start off as slaves, but that we were kings and queens before we were forced into slavery,” she wrote in an impassioned Instagram post.
Knowles-Lawson appears throughout Black Is King, including in the background of a garden tea party and in the sequence for the song "Brown Skin Girl," alongside her granddaughters Blue Ivy, 8, and Rumi, 3. “My mother has always been invested in making women feel beautiful,” Beyoncé told the New York Times in 2017.
A post shared by Tina Knowles (@mstinalawson)
Here's everything you need to know about Knowles-Lawson. After all, if it weren't for her, there would be no Beyoncé—and no Black Is King.
Her daughters pay tribute to her in their music.
Obviously, Knowles-Lawson appears in Black Is King, but she's also mentioned throughout many of her daughters' body of work. In a May 2020 remix of Megan Thee Stallion's "Savage," Beyoncé rapped about her mom. "Got this sh*t from Tina," Bey says in one of the song's catchiest lines.
Solange also devoted an entire interlude on her 2016 album, A Seat at the Table, to her mom. "My mother has a very special way of communicating, a very special channel that she speaks through that has always felt bigger than her," Solange told the New York Times.
She's outspoken (and hilarious) on Instagram.
Why don't you take this moment to follow Ms. Tina on Instagram, if you aren't already? On her feed, she is an impassioned advocate for racial justice, and often participates (or hosts) educational and broadening talks on Instagram Live.
At the same time, she's also keen on posting must-watch, selfie-style monologues, corny jokes, and dance routines.
Naturally, she's spent Black Is King's release day Instagramming her favorite moments from the movie:
She's married to the actor Richard Lawson.
In 2009, after 31 years of marriage and two daughters together, Knowles-Lawson filed for divorce from her husband, Mathew Knowles.
Speaking to ABC13 in 2016, she opened up about the healing process that comes after divorce. “I remember my first little pity party, and I called [Beyoncé and Solange] crying and, you know, they all came. We had a slumber party: We watched old movies all night and ate ice cream. It was very healing," she said.
In 2013, she met Richard Lawson, an actor who has appeared in For Colored Girls, Poltergeist, and How Stella Got Her Groove Back—though she wasn't necessarily expecting to find love again. "I remember having conversations with my kids and saying, 'Where am I going to meet somebody at 58 years old?' I started doing the things that I loved doing again. I reconnected with old friends that made me happy. And God sent somebody into my life,” she said.
Stefanie KeenanGetty Images
They were married in 2015—after Blue Ivy gave the couple her blessing. "[In September] we went on a boat with Beyoncé and Jay Z for her birthday, and when we came out one night dressed to go to dinner, Blue said, 'Oh, ya'll look beautiful. When are ya'll getting married?'" she told People. "Richard said, 'Oh, Blue, soon. Do you approve?' And she said yes," Tina added. "That's the first time we talked seriously about getting married."
Today, Knowles-Lawson is also stepmother to Lawson's daughter, Bianca.
Like her daughters, she was born and raised in Texas.
She was born Célestine Ann Byincé in Galveston, TX, the youngest of seven siblings. Knowles-Lawson's parents hail from Louisiana and have Creole roots. Her future clothing line collaboration with Beyoncé, House of Dereon, paid tribute to her seamstress mother, Agnes Dereon.
Like her daughters, Knowles-Lawson had dreams of pop stardom, forming the group the Veltones in high school. But Tina was always more interested in fashion design, and moved to L.A. to pursue a career. “When I was about 14, my brother’s girlfriend, who was older than me, came into my life and it just about changed my world because she started taking me places. It opened a new world for me. It made me want my world to be bigger,” she said on Beyonce.com.
After a year working as a makeup artist at the Shiseido counter, though, she returned to Texas to care for her ailing mother. She and her former husband, Mathew Knowles, had their daughters in Houston—and legends were born.
She's close with her older siblings.
At 66, Knowles-Lawson is the youngest of her siblings. Two, unfortunately, are deceased, per Vanity Fair. However, she appears to be close with her remaining sisters—one of whom, Selena, is in her 90s. "I was born on my sister Flo’s 10th birthday," she wrote on Instagram. She said I came into the world screwing up her life cause her birthday party was cancelled because of me."
Here she is with Selena, 92 when the photo was taken. Knowles-Lawson noted that all of the siblings use different spellings of the last name. "All of us have a different spelling. I think me and my brother, Skip, were the only two that had B-E-Y-O-N-C-E," Tina said on the In My Head With Heather Thomson podcast.
Knowles-Lawson's art collection is featured in Black Is King.
Tina Knowles-Lawson has been purchasing art by Black artists for decades, amassing a collective extensive enough to merit an entire Vanity Fair profile about the topic. Her first purchase was during a year-long stint in Los Angeles, working as a beautician.
“When my kids were growing up, it was really important to me that they saw images of African-Americans,” Lawson told Vanity Fair. “I’m so happy that I did, because both of them are really aware of their culture, and I think a lot of that had to do with looking at those images every day, those strong images.”
According to an interview with the Wall Street Journal, Beyoncé borrowed some of the collection for the Black Is King shoot, another way of paying tribute to her mom.
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Beyoncé's Mom Just Praised Meghan Markle's
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Meet Oprah's Dogs
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NAAG Supports Daniel’s Law
Home / News & Resources / NAAG Policy Letters / NAAG Supports Daniel’s Law
View Letter
NAAG supports the Daniel Anderl Judicial Security and Privacy Act of 2020, also known as Daniel’s Law. Fifty-one attorneys general signed a letter sent to the Chairs and Ranking Members of the House and Senate Judiciary Committees asking for Congress to pass the legislation to keep federal judges safe.
This legislation would protect judges and their families by requiring federal agencies to maintain the confidentiality of judges’ personally identifiable information upon request; authorize funding for state and local governments to adopt similar measures; prohibit data brokers from selling, licensing, trading, purchasing, or otherwise providing or making available for consideration judges’ personally identifiable information; and create an enforceable mechanism for judges and their immediate family members to secure removal of their personally identifiable information from the Internet.
The Daniel Anderl Judicial Security and Privacy Act honors the memory of the son of Judge Esther Salas of the U.S. District Court for the District of New Jersey. Daniel was tragically killed on July 19, 2020, when an armed assailant—a deranged attorney who had appeared in a case before Judge Salas—appeared at her home and opened fire. Daniel was only 20. Judge Salas’s husband was also shot in the attack.
Lead States
Arizona, New Jersey
Signatory States
AK, AL, AS, AZ, CA, CO, CT, DC, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MP, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VA, VT, WI, WY
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Encouraging Protective COVID-19 Behaviors among College Students (2020)
Chapter: Encouraging Protective COVID-19 Behaviors among College Students
Original Pages Text Pages
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Suggested Citation:"Encouraging Protective COVID-19 Behaviors among College Students." National Academies of Sciences, Engineering, and Medicine. 2020. Encouraging Protective COVID-19 Behaviors among College Students. Washington, DC: The National Academies Press. doi: 10.17226/26004.
DECEMBER 2020 ENCOURAGING PROTECTIVE COVID-19 BEHAVIORS AMONG COLLEGE STUDENTS
Adriana Galván*
Elizabeth Cauffman**
Dominique Brossard***
This rapid expert consultation was produced through the Societal Experts Action Network (SEAN), an activity of the National Academies of Sciences, Engineering, and Medicine that is sponsored by the National Science Foundation. SEAN links researchers in the social, behavioral, and economic sciences with decision makers to respond to policy questions arising from the COVID-19 pandemic. This project is affiliated with the National Academies’ Standing Committee on Emerging Infectious Diseases and 21st Century Health Threats.
SEAN is interested in your feedback. Was this rapid expert consultation useful? For further inquiries regarding this rapid expert consultation or to send comments, contact sean@nas.edu or (202) 334-3440.
*University of California, Los Angeles
**University of California, Irvine
***Member of SEAN Executive Committee
This rapid expert consultation is intended to support college administrators and local governments as they work together and with students to prevent the spread of COVID-19 on college campuses and in the surrounding communities. It presents research-informed habit-promoting and communication strategies to encourage the adoption of behaviors that can stem the spread of COVID infections on college campuses. The discussion is grounded in a previous rapid expert consultation produced by the Societal Experts Action Network, with developmentally appropriate adaptations for college-age individuals. Developmental psychology and brain research can guide campus leaders in implementing these strategy adaptations, based on several key tenets:
• Many adolescents and young adults are socially driven, with a strong desire for reward and acceptance.
• Identity, agency, and autonomy are centrally important during the college years.
• College students are primed for exploration, and risk taking is a normative part of their development.
• Prosocial inclinations are strong among college-age students.
• Students can enhance the creation and implementation of policies that affect them.
Habit-Promoting Strategies
The following five habit-promoting strategies can help decision makers overcome barriers to behavior change and encourage protective behaviors among college students to mitigate the spread of COVID-19 on campuses:
1. Make the Behavior Easy to Start and Repeat.
2. Make the Behavior Rewarding to Repeat.
3. Tie the Behavior to an Existing Habit.
4. Alert People to Behaviors that Conflict with Existing Habits and Provide Alternative Behaviors.
5. Provide Specific Descriptions of Desired Behaviors.
The following ten strategies may be more effective if they are developed and implemented in collaboration with students and give students agency to operationalize their existing knowledge of the coronavirus and protective behaviors:
1. Use Clear, Consistent, and Transparent Messaging, with Attention to Mode of Transmission.
2. Avoid Undue Attention to the Frequency of Socially Undesirable Behaviors, Instead Emphasizing Responsibility.
3. Foster Efficacy and Avoid Fatalism, with Attention to Student Agency.
4. Appeal to the Collective Good of One’s Community, Focusing on Prosocial Behavior and Activism.
5. Use Trusted Messengers, Amplified by Social Media and Other Influencers.
6. Tailor the Framing of the Message to the Audience, with Attention to the Risk–Reward Calculus.
7. Link Prevention Behaviors to Identities, with Attention to Campus Affiliations.
8. Highlight Social Disapproval of a Target Audience Member’s Failure to Comply When It Occurs, without Overemphasizing Risk.
9. Highlight the Growing Prevalence of Behavior Change, Using Positive Messaging.
10. Avoid Repeating Misinformation, Even to Debunk It.
College campus communities find themselves in uncharted territory as they face the challenges posed by COVID-19.1 Students are adjusting to new ways of learning, living, and staying safe on campus, even as many of them are undergoing important developmental changes that make exploration, risk taking, and peer relationships more salient.2
As administrators work to keep campuses safe and encourage protective behaviors, they must remain mindful of students’ need for social interaction. While guidance for striking this balance exists, including from the Centers for Disease Control and Prevention [1], particular challenges arise because college students live together with people of their own age, and some may not see the benefit of changing their behavior to control the spread of the virus. Moreover, some who have tested positive for COVID-19 may no longer adopt protective behaviors because they believe they have antibodies that are protecting them, despite a lack of scientific consensus around immunity.
Colleges have adopted various approaches to meet these challenges, creating “contracts” that require students to refrain from on-campus parties and wear masks, forming large bubbles by keeping students on campus, and reducing the number of students and enforcing physical distancing and mask wearing in classrooms. For their part, most students are complying with campus COVID-19 policies; however, applying the findings of research in developmental science may make it possible to achieve greater adoption and compliance.
This rapid expert consultation is intended to support college administrators and local governments as they work together and with students to prevent the spread of COVID-19 on college campuses and in the surrounding communities. It is intended to serve as a companion document to a rapid expert consultation on COVID-19 testing on college campuses. This document
• describes general behavioral and risk communication strategies informed by research in social psychology, cognitive psychology, developmental psychology, behavioral economics, and communications that can promote the adoption of protective behaviors to mitigate the spread of COVID-19;
• summarizes research related to college students’ development and behaviors;
• identifies core components of evidence-based programs and interventions to prevent risky behaviors among adolescents; and
• presents developmentally appropriate adaptations of the general strategies for adopting protective COVID-19 behaviors as they relate to college students.3
1For the sake of brevity, the term “college” is used herein to refer to both colleges and universities.
2The authors recognize that college students can belong to many different age groups, including older adults. However, this rapid expert consultation focuses on the age range of 18 to 25 years because ongoing social and emotional development during this time serves as the basis for the tailored strategies presented herein.
3The full statement of task for this rapid expert consultation is as follows: “The National Academies of Sciences, Engineering, and Medicine will produce a rapid expert consultation that explores strategies for encouraging college and university students to adopt protective behaviors during COVID-19, such as mask wearing, physical distancing, and hand washing. It will draw on the science of adolescent development, risk communications, social psychology, and behavioral economics, and on lessons learned from approaches that some colleges and universities have undertaken to encourage adoption of protective behaviors among students. The document will summarize what is known from available research and illustrative university experience to identify lessons and strategies that institutions of higher education could use as they make plans for the spring 2021 semester and beyond. The rapid expert consultation will be reviewed in accordance with institutional guidelines.”
COVID-19 AND COLLEGE CAMPUSES
Under any circumstances, college is a learning experience and a ground for experimenting. Above all, many college students are socially driven, and college can be an exciting time for forming new friendships and romantic relationships. For many, moreover, college represents their first prolonged period away from parental supervision, so sensation- and novelty-seeking may be primary behavioral motivators. These nonacademic aspects of college can be as important as academics to some students, and they raise important considerations for the adoption of such COVID-19 protective behaviors as mask wearing and physical distancing. Taking risks and making mistakes during this time are normal and to be expected, although not always compatible with health and safety [2]. Indeed, risk taking is part of growing up and becoming independent [3].
In 2020 and for the foreseeable future, college students are experiencing these phenomena under extraordinary circumstances and stress. Some are having to drop out, pause their studies, or take extra classes to graduate early because family members are losing jobs during the pandemic or ill or dying with the virus. Others are attempting to continue their studies under those circumstances. For students who have resumed their college education since the pandemic-related closures, the campus environment has changed. Opportunities for face-to-face interaction in classes, common areas, and recreational and social activities, which are important to students’ ongoing social and emotional development, are necessarily limited to keep them safe.
College-age participants in an ongoing national poll of what young people experience and need during the COVID-19 pandemic and a focused study in Winnebago County, Wisconsin, have shared the following views and experiences [4]:
“It has made it very difficult to see anyone whatsoever. I am stuck in my college dorm and I do not see anyone ever, which is very bad for people.”
“I think I will catch COVID in the next few months because university is starting soon and I do not think that the school has implemented great social distancing rules for lecture halls.”
“I’ve chosen to eat outside. I’ve chosen to do the things that I think are good that I also like to do. I felt like that was a risk versus a reward type of thing.”
“For me it’s more of who am I affecting the most. When it comes to, like, my grandparents or people at the grocery store, I don’t want—even if do have it, and if I don’t have any symptoms, why spread it to other people?”
“I think it’s just hard, because nobody has the same message, and I feel like since it’s a pandemic, and since it’s a health issue, it shouldn’t be about confusing messages….[That] makes me not really want to listen to anything.”
Colleges are not a monolith. In addition to variations in size, resources, location, and demographics, they vary widely in how they are responding to the pandemic and in the experiences students are having on campuses across the country. Nonetheless, many colleges share some common phenomena related to COVID-19 that intersect with students’ developmental needs and have implications for their adoption of protective behaviors:
• Anecdotally, most college students are following or want to follow the rules while finding ways to engage in social interaction and other typical college behaviors. Many are looking to campus leaders for clear guidance and supports for staying safe (e.g., regular testing and contact tracing).
• For various reasons, some students are disregarding guidance on protective measures, with implications for the safety of those on campus and in the surrounding communities and for campus-based measures and messages.
• Transmission on campus is occurring in situations where people do not wear masks (e.g., in dorms or at football games, parties, and sorority and fraternity gatherings). Some of these events are publicized on social media, with implications for diffusing prosocial norms and guidance on precautionary measures.
• Some colleges are trying to strike the right balance between incentives for adopting protective behaviors and sanctions for noncompliance.
• Anecdotally, collaborations with student organizations and student leaders are facilitating successful adaptations of safe social norms that prevent transmission on campus.
• Engagement with local authorities is often necessary, such as when information about campus outbreaks and infection rates needs to be conveyed, when parties are taking place outside of the college authorities’ jurisdiction, and when students live and shop off campus.
• Anxiety and depression are on the rise [5]. These conditions can prompt behaviors that are less desirable for preventing the spread of COVID-19.
• “Shaming” of students (public highlighting of disapproval and noncompliance) is occurring
– among college students themselves, which can be detrimental to the sense of campus community; and
– toward college students on the part of some communities where colleges and universities are located.
STRATEGIES FOR PROMOTING THE ADOPTION OF COVID-19 PREVENTIVE BEHAVIORS AMONG COLLEGE STUDENTS
A previous rapid expert consultation produced by the Societal Experts Action Network [6] is intended to help decision makers identify strategies for increasing adherence to protective behaviors that can reduce the spread of COVID-19, including mask wearing, physical distancing, and handwashing. That document presents research-based habit-promoting and communication strategies that can encourage adoption of those behaviors.
Those general strategies apply to college students.4 While many college students are adults, many others are undergoing important developmental and maturation processes that influence their behavior. For example, the ability to read other people’s emotions and make attributions about their beliefs, thoughts, desires, intentions, and feelings advances sharply during adolescence. College students thereby become markedly more sophisticated in taking another person’s point of view and making decisions about fairness, trustworthiness, and cooperation [7].
Campus leaders who are determining how to encourage compliance with COVID-19 protective behaviors must take these developmental processes into account. Accordingly, this section tailors the general behavioral and communication strategies described in the previous rapid expert consultation to this unique stage of the lifespan. These adaptations are guided by developmental psychology and brain research and are based on several key tenets:
• Many adolescents and young adults are socially driven, with a strong desire for reward and acceptance. The mere presence of a peer impacts how adolescents and young adults make reward-related, risky, and cognitive decisions [8]. As noted above, as adolescents spend increasingly more time with peers, they become more attuned to social-affective input and are better able to read other people’s emotions [9]. As a result, messaging about “we” as a community that includes successes on the campus in, for example, keeping rates low or
4The National Science Foundation’s Directorate for Social, Behavioral and Economic Sciences has recently funded Rapid Response Research (RAPID) grants in the Divisions of Behavioral and Cognitive Sciences and Social and Economic Sciences related to risk communication about COVID-19 to young people. Some of this research continues to explore how people make risky decisions in context. Once published, this research can further contribute to the development of communication strategies tailored for different users.
confining an outbreak, may be effective. Depending on their developmental stage, college students also may have different motivational processes from those of older adults [10]. They may be more reactive and more likely to do things they find rewarding. These sensitivities have implications for decision making: in general, decision-making processes for adolescents and young adults may be altered in emotionally charged contexts and in the presence of peers [11].
• Identity, agency, and autonomy are centrally important during the college years. As part of normal development, youth establish a sense of social and cultural heritage, a clear self-concept, a secure sense of self in light of feedback from significant others, self-acceptance and self-esteem, and personal stability and integration [12].
• College students are primed for exploration, and risk taking is a normative part of their development. Sensation seeking is normal for adolescents and young adults; it is not inherently dangerous and can be as simple as attending a party with friends [13]. During this developmental period, moreover, the risk-taking calculus itself places greater weight on the immediate rewards of a behavior than on its costs [14]. Connectivity in key parts of the brain that process rewards and respond to stimuli contributes to the allure of risk taking for adolescents and young adults.
• Prosocial inclinations are strong among college-age students. The desire to contribute and engage in behaviors that help others or have an impact on society rises sharply among adolescents and young adults. Enhanced social cognition allows adolescents to move beyond simple rules (e.g., equality or equity) to consider the complexities of social situations when making prosocial decisions, opening new opportunities to make contributions “for the greater good.” Moreover, contributing can both promote and be a key element of traditionally conceived fundamental needs of the adolescent period, such as autonomy, identity, and intimacy. [15]
• College students can enhance the creation and implementation of policies that affect them. Not only do they understand their own experiences, but youth of this age are also developing an increasingly sophisticated capacity for complex thinking and reasoning. Moreover, when solving problems, older adolescents sometimes can think more creatively and flexibly relative to older adults [16]. Social hierarchy and the organizational function of social networks for young people play an important role in public health spaces. In fact, social status can be a powerful tool as a message amplifier [17]. For example, health promotion campaigns that capitalize on young people’s sense of status and their desire to be viewed as thoughtful and engaged adults are effective. Colleges can frame and implement guidelines such that specific positions and nodes can be leveraged to transmit institutional messages with heightened impact.
Box 1 describes some of the core components of evidence-based programs and interventions that show promise in preventing risky behaviors and thereby improving a variety of health outcomes among adolescents, although additional research is needed to demonstrate causal effects [18]. These components are reflected in the adaptations of habit-promoting and risk communication strategies presented in the following sections.
CORE COMPONENTS OF EVIDENCE-BASED PROGRAMS AND INTERVENTIONS TO PREVENT RISKY BEHAVIORS AMONG ADOLESCENTS
As described by a National Academies report on adolescent development [18], core program or intervention components are discrete, reliably identifiable techniques, strategies, or practices intended to influence the behaviors, outcomes, or well-being of a service recipient (e.g., college students). The following core components have shown promise in preventing risky behaviors and thereby improving health outcomes among adolescents, and may be useful in the design and implementation of programs and interventions targeting COVID-19 protective behaviors on college campuses:
• Universal programs and interventions, which are provided to all members of a population, regardless of their level of risk. Risk targeting is not required for a program or intervention to be effective.
• Programs and interventions that are developed and implemented with input and support from the youth they serve, providing insights into their most pressing needs. On college and university campuses, including students of diverse ages, racial/ethnic backgrounds, socioeconomic status, rurality/urbanity, sexual orientations, sexes/genders, and disability/ability status can inform the development, implementation, and evaluation of programs and interventions.
• Theory-based approaches, such as social competence, gist-based, or social influence approaches. Programs and interventions that incorporate approaches based on behavioral theory, social-emotional learning, and positive youth development are more likely to be successful in promoting positive adolescent health behaviors and outcomes.
The previous rapid expert consultation [6] identified five habit-promoting strategies that decision makers can use to overcome barriers to behavior change and encourage behaviors protective against the spread of COVID-19 in their communities. These five strategies can be adapted for college campuses as follows:
1. Make the Behavior Easy to Start and Repeat. People are more likely to behave in healthy ways when that behavior is relatively frictionless, meaning that it takes little time and effort to perform [19]. College leaders could establish campus environments that encourage desirable behaviors, such as by making testing sites easily accessible, making testing a seamless process, distributing free masks, and installing sanitizing stations throughout the campus. Students also could be encouraged to hang their mask on their dorm room door or clip it to their ID card or backpack.
2. Make the Behavior Rewarding to Repeat. Strategies for making protective behaviors rewarding are especially salient for adolescents and young adults because their motivational systems are reward focused [20]. Examples include turning masks into status symbols and introducing a competitive or collaborative element to wearing or designing masks (e.g., supporting student-led collaboration or competition among dorms, disciplinary departments, or athletic team).
3. Tie the Behavior to an Existing Habit. People are more likely to repeat a behavior when they stack it onto an existing habit (a behavior they perform automatically) [21]. For college students, protective behaviors could be tied to habits of mobile phone use. For example, students could be encouraged to leave their mask by their phone, or text or pop-up phone reminders or apps related to COVID-19 protective behaviors could be developed.
4. Alert People to Behaviors that Conflict with Existing Habits and Provide Alternative Behaviors. Because college students are inclined to exercise agency and autonomy, telling them only what they cannot do may lead to pandemic fatigue and associated risky behaviors. For many college students, COVID-19 protective behaviors may feel like a barrier to what they want to do (interact with each other); thus, it is important to highlight safe ways to fill their developmental need for interaction. Examples include giving students the agency, authority, responsibility, and guidance to establish and maintain the health of their own “social pods,” or supporting club, team, or student leaders in planning and providing COVID-safe social activities.
5. Provide Specific Descriptions of Desired Behaviors. When individuals understand what specifically is expected of them, they are more likely to adopt the desired behavior. Colleges could invite students to design, draw, paint, or build objects connected to campus life that depict 6- to 12-foot distances.
The following ten strategies adapted from the previous rapid expert consultation [6] suggest how risk communication can be more effective in promoting behavior change among college students. Some research on adolescence and early adulthood suggests that these strategies may be enhanced by having students help in developing and implementing them. Communications may also be more persuasive if they help college students operationalize their existing knowledge of the coronavirus and protective behaviors. And campus leaders may need to vary their messaging over the course of a term or school year to overcome pandemic fatigue and hold students’ attention.
1. Use Clear, Consistent, and Transparent Messaging, with Attention to Mode of Transmission. Clear messaging is important, and messages from different units on campus
and city administrators should be accurate, consistent in content and tone, and transparent regarding procedures and data. Social media platforms are an essential source of messaging and information for college students, and they should be leveraged to convey clear, consistent, and transparent messages from authoritative sources.
2. Avoid Undue Attention to the Frequency of Socially Undesirable Behaviors, Instead Emphasizing Responsibility. Telling college students about the risks or prevalence of an undesirable behavior may actually make them more likely to engage in that behavior [22]. Media accounts that highlight the undesirable behavior involved in college outbreaks overemphasize that behavior and send a message of low expectations for college students. Appealing instead to college students’ developing sense of responsibility to do their part in slowing the spread of COVID-19 may be a more effective approach.
3. Foster Efficacy and Avoid Fatalism, with Attention to Student Agency. As adolescents and young adults are developing their sense of agency, they can be supported in making positive choices and effecting change by adopting protective measures.
4. Appeal to the Collective Good of One’s Community, Focusing on Prosocial Behavior and Activism. Adolescence and early adulthood represent a time of opportunity. Prosocial behavior and student activism are common on college campuses [23]. For some youth, particularly those in historically marginalized communities, active civic engagement may be an adaptive means of coping with systemic injustice [24]. Students could be encouraged to make COVID-19 mitigation a campus-wide cause, especially if their activism is tied to their identity as responsible and mature and as representing the college-age population. For example, some Black students at historically Black colleges and universities are taking action to stop the spread of COVID-19 because they realize that their communities are among those most affected by the disease [25].
5. Use Trusted Messengers, Amplified by Social Media and Other Influencers. In addition to trusting their families, friends, and experts [26], younger students in particular are swayed by external influencers on YouTube, TikTok, Twitch, Instagram, Snap Chat, and other social media who could amplify messages from trusted experts. Messengers from within students’ own campus communities, such as the leaders of student government, fraternities, sororities, clubs, sports teams, and other affinity groups, can also be influential if their messages are personal, authentic, and appealing to students. Accordingly, some campuses are hiring their students to serve as influencers and to share coronavirus safety information on social media.
6. Tailor the Framing of the Message to the Audience, with Attention to the Risk–Reward Calculus. Adolescents engage in high-risk behavior on the basis of a cost/benefit analysis, whereas mature non-risk-taking young adults are more likely to take a gist-based approach that involves being aware of risk–reward trade-offs but leaning more on categorical (non-trade-off) thinking [27]. For college students who prize the ability to socialize with peers and perceive the risks of COVID-19 as low, socializing will seem worth the risk. Framing messages about COVID-19 in terms of health risks or death is unlikely to be effective with college students because death rates in their age group are relatively low. More effective framing might focus on how being infected with the disease will affect other people, such as peers or family members who are immunocompromised or otherwise at risk; who is most likely to suffer; how activities may be curtailed if infection rates increase; or how students’ grades may be impacted if they become ill. A gist-based approach would emphasize that while the risks of hospitalization or death are small, they are real, and when hundreds are testing positive, the odds will eventually catch up.
7. Link Prevention Behaviors to Identities, with Attention to Campus Affiliations. Because college is an important time for students to develop and explore their sense of identity, appealing to them as members of their college campus, dorm, major, fraternity, sorority, club, or team may be especially effective in establishing social norms. Examples include behavioral pledges and social media campaigns designed to reinforce social norms, and the
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use of such slogans as “Bruins keeping each other safe,” “Tigers support Tigers,” or “Please stay one tiger (at least 6 feet) apart from other people.”
8. Highlight Social Disapproval of a Target Audience Member’s Failure to Comply When It Occurs, without Overemphasizing Risk. While campuses need students to regard behaviors that can spread COVID-19 as socially unacceptable, they also need to be cautious about the emphasis they place on risk. Some college students perceive risk-taking activities as inherently fun and exciting and engage in behaviors precisely because those behaviors are considered dangerous [28]. Therefore, highlighting the risk of going to bars or parties could motivate them to take those risks. Instead, universities might work with influential social media sites (e.g., Barstool) to counter content that emphasizes those types of behaviors with messages that enforce such social norms as staying home and hanging out with roommates. It might also be effective to illustrate the potential consequences of failure to comply, such as by sharing stories of how students and their families have been affected by the virus. As another example, the “Mask Up or Pack Up” campaign on campuses across the country conveys the message that if students do not do their part, everyone will be forced to go home.
9. Highlight the Growing Prevalence of Behavior Change, Using Positive Messaging. For college students, positive messaging can be more effective than a focus on negative behaviors or outcomes. Examples include such messages as “More than X% of students on our campus say they wear masks every day” or “Our state is #1 in the country in terms of mask wearing.” Frequent reminders of lower infection and transmission rates and how outbreaks have been minimized (exemplified by dashboards at Cornell University and the University of Wisconsin-Madison) have anecdotally been successful.
10. Avoid Repeating Misinformation, Even to Debunk It. Efforts to debunk misinformation can have the unintended effect of reinforcing false beliefs [29]. With a strategy such as “Five Myths about the Coronavirus,” for example, people tend to remember the myths and not the facts. Calling attention to misinformation related to the pandemic (e.g., “COVID-19 is a hoax”) does not directly increase and may even decrease the likelihood that people will adopt specific protective behaviors [30]; instead, repeating the truths about COVID and protective measures is more likely to be effective. Universities could provide information to help students, staff, and parents communicate COVID safety information effectively to people who may not recognize the importance of preventing its spread.
College communities across the country are encouraging behaviors that can stem the spread of COVID-19 on campuses, and most college students appear to be complying with campus COVID-19 policies. Combining insights from developmental science with habit-promoting and risk communication strategies from social and cognitive psychology, behavioral economics, and communications research can enhance efforts to promote the adoption of protective behaviors among college students while recognizing and supporting their need for social interaction.
SEAN is interested in your feedback. Was this rapid expert consultation useful? Send comments to sean@nas.edu or (202) 334-3440.
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SEAN and the authors extend their gratitude to the staff of the National Academies of Sciences, Engineering, and Medicine for their assistance in preparing this document. In particular we thank Natalie Nielsen, Emily P. Backes, Monica Feit, and Nicole Kahn, who contributed editing and writing assistance. Thanks are due as well to Mike Stebbins (Science Advisors, LLC and Federation of American Scientists) and Kerry Duggan (SustainabiliD, LLC and Federation of American Scientists), consultants to SEAN, who provided additional editorial assistance. We also thank Rona Briere and Allie Boman for their editing assistance.
To supplement their own expertise, the authors received input from several external sources, whose willingness to share their perspectives and expertise was essential to this work. We thank Ashley Cate, student, University of Wisconsin-Madison; Tammy Chang, University of Michigan; Michelle Fisher, Delaware State University; Marisa Gerstein-Pineau, Frameworks Institute; David Hansen, Western Washington University; Mary Magnuson, student, University of Wisconsin-Madison; Ellen Peters, University of Oregon; Brianna Vanmatre, student, University of Wisconsin-Madison; and Joanna Lee Williams, Rutgers University.
We also thank the following individuals for their review of this rapid expert consultation: Ana Mari Cauce, Office of the President, University of Washington; Robert Crosnoe, Department of Sociology, University of Texas at Austin; Susan T. Fiske, Psychology and Public Affairs, Princeton University; Andrew Fuligni, Psychiatry and Biobehavioral Sciences, University of California, Los Angeles; Valerie Reyna, College of Human Ecology, Cornell University; and Laurence Steinberg, Department of Psychology, Temple University.
Although the reviewers listed above provided many constructive comments and suggestions, they were not asked to endorse the conclusions of this document, nor did they see the final draft before its release. The review of this document was overseen by Alicia L. Carriquiry, Department of Statistics, Iowa State University, and Robert A. Moffitt, Department of Economics, The Johns Hopkins University. They were responsible for making certain that an independent examination of this rapid expert consultation was carried out in accordance with the standards of the National Academies and that all review comments were carefully considered. Responsibility for the final content rests entirely with the authors and the National Academies.
SOCIETAL EXPERTS ACTION NETWORK (SEAN)
MARY T. BASSETT (Co-chair), Harvard University
ROBERT M. GROVES (Co-chair), Georgetown University
DOMINIQUE BROSSARD, University of Wisconsin-Madison
JANET CURRIE, Princeton, University
MICHAEL HOUT, New York University
ARATI PRABHAKAR, Actuate
ADRIAN E. RAFTERY, University of Washington
JENNIFER RICHESON, Yale University
MONICA N. FEIT,Deputy Executive Director, Division of Behavioral and Social Sciences and Education
ADRIENNE STITH BUTLER,Associate Board Director
EMILY P. BACKES,Senior Program Officer
NATALIE R. NIELSEN,Senior Program Officer
DARA SHEFSKA,Associate Program Officer
PAMELLA ATAYI,Program Coordinator
Encouraging Protective COVID-19 Behaviors among College Students Get This Book
Developmental psychology and brain research can support campus leaders as they work together with students to prevent the spread of COVID-19 on college campuses and in the surrounding communities. This rapid expert consultation presents research-informed habit-promoting and communication strategies to encourage the adoption of behaviors that can stem the spread of COVID infections on college campuses.
The Societal Experts Action Network (SEAN) is an activity of the National Academies of Sciences, Engineering, and Medicine that is sponsored by the National Science Foundation. SEAN links researchers in the social, behavioral, and economic sciences with decision makers to respond to policy questions arising from the COVID-19 pandemic. This project is affiliated with the National Academies' Standing Committee on Emerging Infectious Diseases and 21st Century Health Threats.
Encouraging Protective COVID-19 Behaviors among College Students 1–16
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Home » Posts » Populations and settings » commissioning » Liaison psychiatry teams in general hospitals can achieve major cost savings to the NHS, finds new report
Liaison psychiatry teams in general hospitals can achieve major cost savings to the NHS, finds new report
Andre Tomlin
Liaison psychiatry teams in general hospitals can cut costs to the NHS by reducing how many people need beds and how long they stay, according to a report published yesterday by Centre for Mental Health with the NHS Confederation’s Mental Health Network and the London School of Economics and Political Science (LSE), and funded by the Strategic Health Authority Mental Health Leads.
Liaison psychiatry services provide mental health care to people being treated for physical health conditions in general hospitals.
The Economic Evaluation of a Liaison Psychiatry Service examines the costs and benefits of an award-winning service based at Birmingham City Hospital. The service, known as RAID, offers comprehensive, round-the-clock mental health support to all adult patients in the hospital.
The report finds that the financial savings RAID generates within the hospital significantly outweigh the costs of running the service. Since expanding from a small liaison psychiatry team to its current form in 2009, RAID is estimated to have cut the costs of bed use within the hospital by some £3.5 million a year.
Most of the savings the service generates come from shorter lengths of stay and reduced readmissions to the hospital among elderly patients. But further savings are also likely to be generated by an increase in the number of patients being discharged to their own homes rather than residential care.
The report concludes that liaison psychiatry can represent good value for public money. It both cuts costs in the NHS and improves people’s quality of life. By even the most conservative analysis, the RAID service creates savings that are four times bigger than the extra cost of expanding the service it replaced.
The report is published alongside an NHS Confederation briefing, With money in mind: the benefits of liaison psychiatry.
Mental Health Network director Steve Shrubb said:
The results of this evaluation are extremely encouraging. Patients get better care when mental health needs are assessed and treated at the same time as physical health. Patients are taken to the right place, problems can be identified earlier and follow-up is more effective. These services will almost certainly save money too. Integrated care such as this could help the NHS go a long way towards meeting its current unprecedented savings challenge.
Chair of the SHA Mental Health leads group Lawrence Moulin said:
SHA leads across the country welcome the building evidence base that not only does mental health support for people in acute hospitals improve quality, but it also leads to real savings. We look forward to supporting its universal implementation.
Centre for Mental Health chief executive Sean Duggan said:
Separating out physical and mental health needs is no longer sustainable in a health service facing rising cost pressures. It doesn’t make sense to patients and it doesn’t make business sense, either. Liaison psychiatry is an important way of bringing physical and mental health care closer together and when it is done well it provides excellent value for public money.
George Tadros, Consultant in Old Age Liaison Psychiatry and RAID lead clinician, said:
RAID is an innovative service which has brought psychiatry back to the front doors of an acute hospital and managed to integrated mental health services within physical health provision. As a clinician, I hope similar schemes will develop across the country.
Parsonage, M. and Fossey, M. Economic Evaluation of a Liaison Psychiatry Service (PDF). The Centre for Mental Health, 17 Nov 2011.
With money in mind: the benefits of liaison psychiatry (PDF). NHS Confederation, 16 Nov 2011.
Tagged with: commissioning, cost effectiveness, liaison psychiatry, mental health teams
André Tomlin is an Information Scientist with 20 years experience working in evidence-based healthcare. He's worked in the NHS, for Oxford University and since 2002 as Managing Director of Minervation Ltd, a consultancy company who do clever digital stuff for charities, universities and the public sector. Most recently André has been the driving force behind the Mental Elf and the National Elf Service; an innovative digital platform that helps professionals keep up to date with simple, clear and engaging summaries of evidence-based research. André is a Trustee at the Centre for Mental Health and an Honorary Research Fellow at University College London Division of Psychiatry. He lives in Bristol, surrounded by dogs, elflings and lots of woodland!
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Octogenarian pleads guilty to migrant smuggling
Aug. 19, 2011, 9:34 PM UTC / Source: The Associated Press
By JULIE WATSON
With her thick, wavy gray hair and heavily lined face, Felicitas Gurrola defies the image of today's typical Mexican smuggler.
At 84, she directed a female-dominated ring that prosecutors say led 80 people a month to the Los Angeles area — and she managed to hang on to the family-run smuggling business for more than 40 years when most mom-and-pop rings were driven out by increasingly violent men guiding illegal immigrants along perilous routes.
In an almost inaudible voice, the Spanish-speaking octogenarian pleaded guilty Friday to charges that she directed a smuggling organization that guided migrants across the heavily fortified U.S.-Mexico border by giving them imposter IDs to present to immigration authorities at the crossing in San Ysidro, Calif.
As an interpreter explained that she faces the maximum penalty of five years in prison, Gurrola stared ahead with a calm, almost expressionless face, glancing at the back of the tattooed Guatemalan man who stood in front of her on charges of sneaking into the United States, in a separate case. Her 56-year-old daughter, Hilda Moreno, and another woman in the ring also pleaded guilty to the charges. They face up to 15 years in prison, a stiffer sentence in part because of their younger age, defense attorneys said.
"Imagine being 85 years old and incarcerated for the first time," said Gurrola's attorney, Tom Matthews. "To say this is difficult for her is a gross understatement."
At his request, Judge Nita Stormes agreed to support keeping Gurrola jailed with Moreno so her daughter can help her. Matthews said he plans to ask at a Nov. 9 sentencing hearing for the judge to consider Gurrola's age and health issues, which include arthritis in her hands, elbows and knees, and gout.
The route Gurrola's ring used from Tijuana, Mexico, to San Diego is the busiest U.S. border crossing in the world. Matthews said she ran her business for four decades without hurting any of her clients — unlike many of the traffickers who have left migrants stranded in the desert's searing heat or drawn them into fast-moving Rio Grande waters, where they have perished.
"She was not shoving them in car trunks or building compartments," he said. "This was a far cry from that. For what it counts, she passed them safely. Everyone involved had a chaperone and looked after them. Safety was always their concern. It was an old-school operation. She apparently ran it efficiently and safely and now she's paying the consequences. Even a short sentence will end up being a life sentence for her."
Under an agreement with prosecutors, the government will seek no more than three years and one month in prison, Matthews said.
When she began, Gurrola and her family were typical of other smugglers at the time.
Decades ago, Mexicans in small towns and villages who wanted to seek work in the United States often would hire a trusted family member or neighbor who had already been and who would agree to guide them for a small fee.
But mom-and-pop organizations have faded away with the dramatic increase in border security. Migrant smugglers started charging thousands of dollars in fees to pay for risking the journey through increasingly remote areas to avoid detection, and the illegal industry has become a booming, billion-dollar business attracting violent, organized crime networks — and even drug cartels — that muscled smaller competitors aside.
Despite all that, Gurrola continued to work, with the help of her daughter and others. She met migrants at Tijuana's Suites Royal Hotel where she would give the migrants immigration documents belonging to others and told them to memorize the information, according to the Immigration and Customs Enforcement affidavit. Her ring — of almost all women — would then take the migrants to a beauty salon to look more like the photos on the documents.
Guides accompanied them to the San Ysidro border crossing and then on commercial buses to the Los Angeles area, where they got paid in cash by the migrants' families, usually around $3,500 a person, according to an affidavit.
The organization handled between 60 and 80 migrants a month during peak times and between 40 and 60 a month during slower patches, the affidavit says. That amounts to monthly revenue of about $280,000 in peak times.
Gurrola, who lived in the San Diego suburb of Chula Vista, and 10 others, including her daughter, were charged in April with immigrant smuggling. Gurrola was earlier indicted for immigrant smuggling in 1982 but fled to Mexico, according to the affidavit. She boasted that she smuggled immigrants for more than 40 years in one wire intercept during the ICE investigation that began in 2009.
Debra Hartman, a spokeswoman for the U.S. attorney's office in San Diego, and Daniel Zipp, the prosecutor handling the case, did not respond to messages seeking comment.
Gurrola's 51-year-old niece, Maria de Los Angeles Rios, flew in from Culiacan, Mexico, along with several other of her family members, many of them senior citizens, to attend Friday's hearing. An 81-year-old friend who declined to give her name said she was so nervous she almost forgot her pills, pulling out a bag of medicine from her purse.
Los Angeles Rios said her aunt is a caring, hard-working person who supported her family and was always there to listen. She said she does not believe the charges, saying Gurrola made her money renting houses in Tijuana.
"She's been an inspiration that at her age she still worked, while being there for her children, and had so much energy to do it all," Los Angeles Rios said. "I have always seen her as a great example of a complete woman."
Associated Press writer Elliot Spagat contributed to this report.
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Ray Sylvester Distinguished Service Award
Distinguished Service/
Distinguished Service Recipients/
Tim Flakoll
Provost, Tri-College University
Tim Flakoll, provost at Tri-College University, is the 2020-2022 recipient of the Phi Kappa Ray Sylvester Distinguished Service Award. Flakoll received the award for his outstanding dedication to service extending beyond academia.
As an individual who has offered sustained professional and community service across his lifetime, Flakoll has been engaged in a wide range of activities related to academia but also an array of community activities. His lifelong pursuit in service to others range from his participation in the Boy Scouts to his statewide public service as Senator for 18 years, to tasks as simple as taking part in the Fargo flood sandbagging line.
“The Sylvester Service Award honors those who follow in the footsteps of the late Ray Sylvester in their selfless commitment to service to others, a key component of the Phi Kappa Phi mission. We are pleased to recognize Tim Flakoll for his long career of service to various communities and entities,” said Society Executive Director Dr. Mary Todd.
In his 14 years as provost at TCU, Flakoll has carried out the mission, purpose and objective of the university while providing leadership and promoting higher education in the region. A recognized leader on and off campus, he has served as a guest lecturer for courses in education leadership, finance, curriculum and public policy. In 2016 Flakoll was awarded the North Dakota State University Doctor of Service Award, the highest honor one can receive at NDSU.
Off campus, Flakoll has held over 40 offices/positions with various community organizations, and his work has been recognized by the governor of North Dakota as well as receiving multiple service awards, with the most recent being the NDSU Blue Key Doctor of Service Award. His current service activities include the Fargo Downtown Community Partnership, Dakota Medical Foundation, and the Homeward Animal Shelter.
Flakoll received his M.S. from North Dakota State University in 1984.
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