Democracy in Nigeria Essay

By May 2009, Nigeria’s nascent democracy should have been a decade. Thus, the thrust of this paper is an in depth analysis of the possibility of sustaining democratic values beyond any sudden reversal. The. paper however, takes a cursory look at the daunting challenges ahead and infers that unless the government increases social expenditure and truncate the current brazen corruption, the hope of democratic consolidation may eventually be a mirage. Key words: democracy, nascent, corruption, state law and order As rightly collated by Decalo1, the events in Africa took scholars by surprise, since most doubted Africa could move towards democracy. Even in the mid-1980’s, one argued that by reason of their poverty or the violence of their politics, African states were unlikely to move in a democratic direction. Another adding that â€Å"to have expected democracy to flourish would have been historical blindness†3, since ‘outside the core (industrialized states) democracy is a rarity, support for Tilly’s thesis ‘why Europe will not occur again – with a few exceptions, the limits of democratic development in the world may well have been reached4. However, despite the doubts and skepticisms openly expressed by scholars, Nigeria, like several other African countries, became democratic. On May 29, 1999 Nigeria became a ‘democratic’ state. Prior to 1999 political transition, Nigeria was under firm military autocracy and absolutism for close to 29 years (since 1966), when the military made their first incursion into Nigeria’s government and politics, following the collapse of the first republic5. It is vital to note that authoritarian governments were interrupted only by a brief period of civilian rule in the Second Republic (1979-1983)6. Thus, Nigeria’s march to constitutional democracy was a chequered one marked by anti-colonial struggles, crises, coups, counter-coups, and a thirty-month agonizing civil war between 1967 and 1970. So far, Nigeria has passed through several phases in her democratization bid viz: (a) era of colonial autocracy and absolutism, that is, period of formal colonialism till October 1st 1960, when the country gained ‘flag’ independence; (b) emergence of constitutional democracy – (1960-1966), (c) the return of military autocracy and absolutism – (1966-1979); (d) restoration of constitutional democracy – (1979-1983); and (e) the second coming of military autocracy and absolutism – (1983-1989) . 7 Since 1989, that Nwabueze made that observation, the polity has added more phases to her democratization bid. With the inglorious ‘stepping aside’ of General Ibrahim Babangida’s administration in 1993, an Interim National Government (ING) was put in place, headed by Chief Ernest Shonekan, handpicked by an unelected military President (General Babangida), thereby making the ING suffer a serious legitimacy crisis ab initio6. The interim contraption collapsed after eighty-two days, following the declaration that it was illegal by a Lagos High Court in a suit instituted by the assumed winner of the June 12, 1993 presidential election – Chief M.  K. 0. Abiola. Cashing-in on the court verdict, General Sani Abacha staged a coup d’etat, dissolved all the extant democratic structures retained by the ING, and once again, returned the country to a fiilJ blown military dictatorship. It was in this state of confusion that Gen. Abacha died in June 8,’ 1998 in a mysterious circumstance. Gen. Abdulsalam Abubakar, who took over after the demise of Gen. Abacha, who h ad a transition programme reputed to be the shortest in the annals of military-midwife political transitions in Nigeria. Eventually, barring all odds, Gen. Abubakar handed over the reins of government to Chief Olusegun Obasanjo (a retired general) in 1999. With the inauguration of Chief Obasanjo’s civilian administration in 1999, hopes were high once again that democracy would be sustained and consolidated. But alas, the military background of Chief Obasanjo became a serious liability on the system when the supposedly democratic government became a replica of dictatorship in its entire facet. By 2003, after the expiration of his first term, his administration conducted a general election, and handed over to itself. This election was generally perceived to have been massively rigged. 9 In 2007, at the expiration of his administration’s constitutionally mandated second term, another general election was conducted to usher in another civil government. This election was remarkable in a number of ways. First, it was after eight tumultuous years of democracy – the longest period since independence from the United Kingdom in I960. 0 Secondly, for the first time in the history of the country, there was a civilian-civilian transfer of power. It would have been even more remarkable if there had been a transfer of power from the ruling party to the opposition. † Meanwhile, the thrust of this paper is an indepth analysis of the major challenges facing the nascent democracy in Nigeria to prevent it from the threats of authoritarian repression or what David Beetham calls â€Å"reverse waves†. 2 It is to these anti-democratic forces that could lead to democratic reverse which had taken place in Mauritania recently via a military coup d’etat that we now turn to. (A) As I have argued elsewhere13, quantitative cross-national research on the economic determinants of democracy and democratization generally consistently reveals that a country’s level of economic development is associated positively and strongly with the extent to which the political systems manifest properties of democracy. There is, therefore, a two-way causal relationship between the economy and sustainable democracy; the state of the economy is the determinant of enduring democracy, but democracy is a key pre-requisite for sustainable economic transformation. The message is: ‘oroad-based economic prosperity sustains democracy, whereas widespread poverty and ignorance undermine it. To mimic President Clinton of U. S. when he was running for office in 1992, ‘it is the economy, full stop! ’14 No doubt. Nigeria is potentially Africa’s largest economy. Every year, the country produces over 200,000 graduates of tertiary institutions (including 65 universities), has the 6th largest gas reserves in the world, eighth largest oil producer (with abundant, but largely untapped natural resources – gold, limestone, among others), and with 60 percent of its arable land lying fallqw. In the words of Soludo (2005), Nigeria has also millions of its citizens in Diaspora (with estimated 100,000 Nigerian medical doctors and scientists abroad). Unfortunately, was not lucky in the first 40 years of its independence with sustained good political governance. In his perceptive public lecture, Charles Soludo, Nigeria’s Central Bank Governor,16 noted further that democracy has not been endured in Nigeria simply because the economic numbers did not add up; whereas, democracy and indeed any form of government must deliver tangible economic benefits to the generality of the citizenry to be credible and sustainable. In a seminal article on ‘What Makes Democracy Endure’, Prezeworski found the empirical evidence that: Once a country has a democratic regime; its level of economic development has a very strong effect on the probability that democracy will survive †¦ emocracy can be expected to last an average of about 8. 5 years in a country with per capita income under $2,000; 33 years between $2,000-$4,000 and 100 years between $4,000-$6,000 †¦ Above $6,000 democracies are to live forever. No democratic system has fallen in a country where per capita income exceeds $6,033. 17 Be that as it may, most African states have few economic potentials of any significance (many literally nothing) that could attract foreign risk capital, which is why entrepreneurs did not flock into them in the past, irrespective of ideology or level of democracy! And to rely on local capital to fuel development is to foredoom many to perpetual marginality. 18 Taking a cue from the same line of argument, Akintunde19, while rationalizing the reasons for the demise of democracy in the first republic, postulated that a democracy which is not founded upon a secure economic base is not likely to succeed because it lacks an essential condition of efficiency. It is unable to fulfill the expectations of its citizens; in the common parlance, it cannot deliver goods. So significant is the economic base that many people have surmised that even communist countries, as they become wealthier, will come to resemble western democracy more and more20. Unfortunately, in Nigeria, as in most of the developing countries, due largely to the poor economic base, the middle class is a very small minority of the population. Western democracy is, therefore, not securely founded because it lacks one of the essential ingredients of success – an influential middle class. This fact, which is sometimes a surprise to African leaders21, was well known to Aristotle more than two thousand years ago. According to Aristotle, ‘when democracies have no middle class and the poor are greatly superior in number, trouble ensues and they are speedily ruined’. The nexus between democracy and the strength of the economy reveals that those who are not rich usually confined to mere voting, political career thus become the privilege of those who are wealthy enough to afford the leisure to devote to politics in most western countries, until the advent of Trade Union M.  Ps. 23Thus, while blaming the politicians, it is worth repeating that, by embarking on western democracy on an inadequate economic base, the Fourth Republic was set on a death course, it was bound to be corrupt. 24 The same scenario is playing itself out in Nigeria presently. No doubt, it is a daunting task in the face of the aforementioned historical evidence to sustain democracy in an economy like Nigeria, where per capita income has been below the $1,000 mark. That, according to Prezeworsk25, poses a serious threat. Considering the nexus between democracy and the economy vis-a-vis the expectation of an average African, Claude Ake (of blessed memory) averred that: The ordinary people of Africa are supporting democracy as a second independence. This time they want independence not from the colonial masters, but from indigenous leaders. They want independence from leaders whose misrule has intensified their poverty and exploitation to the point of being life threatening. And they are convinced that they cannot now get material improvement without securing political empowerment and being better placed to bring public policy closer to social needs. [Nonetheless] democracy is being interpreted and supported in ways that defeat those aspirations and manifest no sensitivity to the social conditions of the ordinary people of Africa. Generally, the political elites who support democratization are those with no access to power and they invariably have no feeling for democratic values. They support democratization largely as a strategy of power†¦Ã‚  The people can (only) choose between oppressors and by the appearance of choice legitimize what is really their disempowerment. 26 In line with the above postulations, Jerry Gana (a one-time Information Minister) admitted, too, that: You know the mentality of our people. If democracy does not produce clean water, if democracy does not produce good roads, transform agriculture, cultivate industrial development, sanitise society, give us power supply, democracy will lose credibility and they may say, na democracy we go chop? 7 The caveat is that where democratic processes do not yield economic returns, a regression to dictatorship cannot be ruled out. This point is clearly stated by Larry Diamond thus: †¦ Many new democracies in Latin America, Eastern Europe, Asia and Africa will probably breakdown in the medium to long run unless they can reduce their often appalling levels of poverty, inequality, and social injustice, and through market oriented reforms lay the basis for sustainable growth. When this is juxtaposed with the admittance by the Central Bank in its 2008 firs’; quarter report released to the public29, the economy is in perpetual crisis. The Apex Bank attributed the high rate of inflation in the country to the erratic power supply. According to the report, the inflation rate on a year to year basis was 7. 8 percent, compared to 6. 6 percent and 5. 2 percent recorded in the preceding quarter and the corresponding period of 2007. The report noted further that inflation rate on a 12-month roving average basis for the first quarter was 5. 8 percent compared with 5. percent recorded in the preceding quarter. Indeed, nothing can be more soothing to the nation’s debilitating power crisis, largely fingered for stunting the economy, rendering it comatose and occasioning a declining industrial sector, whose capacity utilization nosedived to a paltry 20 percent by the end of 2006. Epileptic power supply, a very prohibitive business climate and in consistency in government policies, have combined to smother the country’s industrial sector leading to the closure of multinationals, like Michelin, Panalpina, and other notable firms. The shrinking of the textile sector from 170 in the 60s, 70s, and 80s to 10 in the 90s, also evinces the acute nature of the problem. The recent disclosure by the House of Representatives Committee on Power, which probed the power sector that the country now generates less than a pitiable 1,000 megawatts, makes mockery of the country’s vision of becoming one of the 20 largest and most resilient economies by 2020, compared to South Africa, a country of 42 million people, which generates over 42,000 megawatts. Much of Nigeria’s investment in the power sector has been enmeshed in corruption and enthralled in the lust of the political elite for primitive accumulation. 31 The concomitant effect of poor economy is lingering with the poverty problem. Nigeria’s poverty conundrum has assumed a frightening dimension. In the words of Dr. Magnus Kpakol, Senior Special Assistant to the President and National Coordinator of National Poverty Eradication Program, in a public lecture entitled â€Å"Poverty Solution: The Role of Government in Poverty Eradication† declared that: The number of poor Nigerians could be, put at an estimated figure of 70 million †¦ n 1980, the figure was 28. 1 million. 1985, 46. 3 million; 1992, 42. 7 million; 1996, 65. 6 million and 1999,70. 0 million, 2004,54. 4 million. 32 He gave the statistical breakdown along the six regional levels to be â€Å"North-East, 72. 2 percent; South-East, 26. 7 percent; South-South 31. 5 percent; South-West 43. 1 perc ent; North-Central 67. 0 percent; and North-West, 71. 2 percent†. 33 Undoubtedly, something must be wrong somewhere, for a critical official poverty statistics, which revealed that over half of Nigeria’s 150 million population are poor, is unexplainable going by the abundant human and material resources in the country. The economy was so gloomy that 2007/2008 United Nations Development Programme’s (UNDP’s) Human Development Index (HDI) ratings placed Nigeria at 158th position out of 177 countries. 34 No doubt, democracy is endangered in Nigeria more than ever before. Poverty, want, and squalor are anti-democratic forces in the polity. The only exception is Indian democracy, which has long baffled theorists of democracy. Democratic theory holds that poverty, widespread illiteracy, and a deeply hierarchical social structure are inhospitable conditions for the functioning of democracy. But the historical novelty of Indian democracy was noted by Barrington Moore: Economically (India) remains in the pre-industrial age †¦ But as a political specie, it does belong to the modern world. At the time of Nehru’s death in 1964, political democracy had existed for seventeen years. If imperfect, the democracy was no more sham †¦ Political democracy may seem strange both in an Asian setting and one without an industrial revolution. 36 To avert recapitulation, my earlier work glaringly with empirical data proved the pathetic downslide of Nigeria’s economy over the years with the attendant threat to democratic sustenance. 7 Bruce Baker too in his perceptive piece emphasized much the strength of the economy and sustainable democracy. As a corollary to the aforementioned weak economy, the state, in terms of being weak or strong, matters to the study of threats to democracy both from within and without, as well as one of the common modes of failure of democracy and democratization. 39 Perhaps, the greatest manifestation of a weak state vis-avis sustainable democracy is that it cannot successfully administer a true and fair credible election which is the kernel of democracy. No doubt, one of the. fundamental problems that post-colonial African states are facing is that of how to sustain and consolidate democracy through credible elections. 40 In the whole continent of Africa, few states could lay claim to having genuinely conducted free and fair elections as universally perceived. Hence, election administration that will attain governmental legitimacy after polls has always been a serious concern to electoral scholars. 41 The reason for this is not far-fetched. It is well known that most new states in Africa, Asia, and Latin America are too weak for the assignment. This is why state capacity is one of the major prerequisites for democratic nurturing, sustenance, and consolidation. In the extant literature on democratization and state capacity generally, five elements are crucial to the strength of the state vis: (a) monopoly of the coercive power of society, that is, control of instrument of coercion; (b) the right to improve tax and collect revenue; (c) the power of legal enactment, that is, power to make laws; (d) sovereignty over territory and society; and (e) control of the institutions of the state or state apparatus, i. . bureaucracy. 42 These five elements taken together constitutes the basis of state power and they endow the state with the status of statehood. However, it needs be emphasized that nation states which qualify for the status of statehood may differ in their degree of stateness; some are strong states, and others are weak. No doubt, Nigeria falls into the category of weak or soft states. Like others in her category, Nigeria runs a system, one in which formal rules (laws, officially stated administrative rules and practices, etc. are applied copiously and in a lax manner rather than rigorously and consistently. It is one in which private advantage can be gained and private bargains struck concerning the enforcement or non-enforcement of the rules as when a businessman bribes a tax official. Besides money, another inducement is kinship sentiment while another is the favour of superiors. The consequential effect is that in several cases, individuals may be too powerful than the state in which the rule of law is abused with impunity. Cases of such were too numerous to be mentioned during the last Nigeria’s general elections in April 2007. 43 In a nutshell, the stronger the state in all ramifications, the better for deepening of democratic values in Nigeria. This can be achieved via the entrenchment of state institutions cum congruent political behaviour by the political elite. Perhaps the most crucial of all imperatives for the consolidation of Nigeria’s nascent democracy is the restructuring of the lopsided and structurally imbalance federal arrangement. As rightly noted by Emeka Anyaoku, former Secretary General of the Commonwealth: At the heart of the several conflicts plaguing the Nigerian state today is the consequence of the failure of the practice of true federalism. The power shift debate that characterized the politics of transition from military to civil rule and which has persisted several months after, rose largely out of the frustration of large segments of the population with the structure of the political system that has shut significant sections out of the corridors of power for most of the post-independence period. 4 With Nigeria being one of the most complex societies in Africa, federalism was adopted to integrate the plural and divided societies. This is in line with the perception of early generation of students of inter-group relations or plural societies, which considered federalism an effective way of achieving and preserving both integration and stability in deeply divided societies. Whenever events seemed to demand that a compromise is affected between the necessity for unity and cooperation on a wide territorial basis, â€Å"the temptation is to proffer catch all management formula, such as federalism .. >>45 This tendency to see federalism as a magic wand that can channel irreconcilable inter-ethnic hostility into conciliation and federal cooperation was subscribed to by Carnell, thus: â€Å"in tropical area characterized by extreme cultural and ethnic diversity †¦ federalism comes as something of a political panacea†. 4 In a nutshell, federalism is considered the most appropriate framework for governing multi-ethnic societies. However, recent events in Nigeria clearly demonstrate that the polity is far from being a federation, or alternatively as has been suggested, that Nigeria is not a true or real federation. 47 Since 1954, when the foundation of classical federation for Nigeria was laid,48 the system is still far from being problem-free. The story is that of both ‘political and governmental instability’. 49 Worst still, Nigeria’s ethnic make-up remains what Furnival calls â€Å"in the strictest sense a medley (of people) for they mix but do not combine†.

Edgar Allan Poe Analaysis

Isaiah Mutakabbir Dille Senior English 2 23, March, 2013 Edgar Allan Poe Literary Analysis Edgar Allan Poe was born on January 19, 1809, Massachusetts. Poe died at the age of 40. The cause of his death is undetermined and has been attributed to alcohol, drugs, cholera, rabies, and other agents. He is most known for his poems and short stories such as The Raven, Tell-Tale Heart, and The Black Cat. Poe was one of the early American practitioners of the short story and a progenitor of detective fiction and crime fiction.Poe used many different forms of figurative language in his poems but the one I find as his best and most used is his use of symbolism. Poe’s use of this literary element is seen all throughout his works. In one of his greatest poems, The Raven, symbolism is used very many times. Such as the main symbol in the poem which is a raven. It symbolizes never ending and mournful remembrance. Many others also agree that symbolism is Poe’s greatest form of figurativ e language is his use of symbolism. Such as Tyler G. who said that Poe â€Å"masters it in his every work. He also said that â€Å"in The Pit and the Pendulum, the whole story symbolizes the dark and rough time in the torture chambers. † Another critic named Christoffer Hallqvist agrees and says that â€Å"Poe uses several symbols to take the poem to a higher level. † In his online essay written about Poe’s use of figurative elements he is also quoted saying that Poe’s â€Å"way of interpreting signs that do not bear a real meaning, is one of the most profound impulses of human nature. † Though many believe that symbolism is Poe’s greatest literary element others believe that it is his use of foreshadowing that should be known as his best element.In an article on 123helpme. com it was written that Poe’s â€Å"most common literary element used †¦throughout many of his works is foreshadowing. † The article also stated that When Fortunato states, â€Å"I shall not die of a mere cough†, Monstressor enthusiastically agrees with him. If you read into this meaning behind this it is direct foreshadowing that he will not die of a mere cough, but starvation and dehydration caused by Monstressor burying him in a wall will be what kills him. Though this is a good example of Poe’s use of figurative language I still believe that it s his use of symbolism that should be accredited with being his most and greatest used literary element. Poe overall is one of the post modern pioneers of symbolism. Works Cited Magill’s Survey of American Literature, Revised Edition, September 2006, p1, 10p â€Å"Edgar Allan Poe and His Use of Literary Devices. †Ã‚  Teen Ink. N. p. , n. d. Web. 23 Mar. 2013. â€Å"Edgar Allan Poe. †Ã‚  A Brief Biography of including Selected Works to Read Online. N. p. , n. d. Web. 23 Mar. 2013. â€Å"Literary Elements Used by Poe :: Essays Research Papers. †Ã ‚  Literary Elements Used by Poe :: Essays Research Papers. N. p. , n. d. Web. 23 Mar. 2013.

Documentary movie that investigates health care in the United States Essay

Sicko is a documentary movie that investigates health care in the United States which focus on the people who are covered by their health insurance and others who are not covered at all . The film show the difference between the United States health insurance system with the universal health care systems of Canada the United Kingdom, France and Cuba . There are nearly 50 million Americans without health care insurance in the United States alone and 18,000 Americans will die simply because they’re uninsured. Moore talks to one person who lost his two fingers with a power saw and realizes he would need twelve-thousand dollars to save one and sixty-thousand dollars to save the other. Since he had no health insurance to save both of his fingers, he decided to keep paid the twelve thousand dollars for his ring finger. On February 17, 1971, Richard Nixon met with John Ehrlichman to discuss the Vice President’s position on health maintenance organizations and the next day, Nixon called for a â€Å"new national health strategy† that had four points for expanding the proliferation of health maintenance organizations, The United States was ranked number 37 as a health system by the World Health Organization.. Health care in Canada is to, completely free and Canadians live three years longer than Americas . That due to their quick services at the Emergency room and doctors office. Tommy Douglas, who pioneered Canada’s health care system, was heralded as most the nation’s singular most important person to help Canada Health Insurance .Moore follows a young American woman as she crosses north over the U.S.-Canada border and to obtain health insurance by marring a close friend who is Canadian. And one man say that he had to come back to Canada after enduring an pain injury in Florida because in Canada his treatment would be free. The health care system in Great Britain is free was well. After losing 42,000 civilians in eight months during a vicious bombing†¦

Strict Censorship Policies of Google Case Study Example | Topics and Well Written Essays - 500 words

Strict Censorship Policies of Google - Case Study Example The world’s largest search engine then announced redirecting to an uncensored version located in Hong Kong in the hopes of circumventing mainland China’s laws which only heightened Chinese officials’ ire. Furthermore, regardless of Google’s act of leaving China, it remained to be a far competitor from the Haidu, China’s most popular search engine. In the same vein, Google did not lose as much revenue as the Chinese market represented only a small fraction of what comprised the company (Heft and Barboza). As reported by the prevalently government lenient news agency, Xinhua, the government sees that â€Å"regulation on the Internet is a sovereign issue† and that Google has no right to attempt or to impose its own standard on what the government should and should not censor (Na, Yunlu, and Hao, par. 5). There seems to be a great disparity between the conception of human rights as viewed in a Western concept especially among Americans and the en cumbrance of Chinese law which majority of its citizens tend to dismiss. To reiterate, it is difficult to point out people’s rights when they are in fact unaware that such rights do exist.The world’s largest search engine then announced redirecting to an uncensored version located in Hong Kong in the hopes of circumventing mainland China’s laws which only heightened Chinese officials’ ire. Furthermore, regardless of Google’s act of leaving China, it remained to be a far competitor from the Haidu, China’s most popular search engine. In the same vein, Google did not lose as much revenue as the Chinese market represented only a small fraction of what comprised the company (Heft and Barboza). As reported by the prevalently government lenient news agency, Xinhua, the government sees that â€Å"regulation on the Internet is a sovereign issue† and that Google has no right to attempt or to impose its own standard on what the government should and should not censor (Na, Yunlu, and Hao, par. 5). There seems to be a great disparity between the conception of human rights as viewed in a Western concept especially among Americans and, the encumbrance of Chinese law which majority of its citizens tend to dismiss. To reiterate, it is difficult to point out people’s rights when they are in fact unaware that such rights do exist. A country’s business climate must be understood by a business professional in order to have a greater perspective on how to conduct one’s self and how to carry out one’s business in a certain location. This would be applicable on specific matters as people and cultures are diverse. More than this, laws are also an integral part that must be kept in mind to avoid complications that could lead to lawsuits and legal dilemmas. The instant case presents us with two sides of an argument where a company’s very own principle goes against a country’s law and regulations. What may be a common practice in one country may be absolutely prohibited in another and where a company cannot make amends with this fact, then there is inevitably the meandering situation where things are bound not to work out.  

Banking Case Study Example | Topics and Well Written Essays - 1500 words

Banking - Case Study Example The Trust is governed by the terms of the trust document which are usually written and in a deed form. It can be said that trusts continues to play a significant contribution in all common law systems all over the world. In the United Kingdom, there are five main kinds of trust which come into being along side the transition with respect to laws and court cases. Among them are Interest in Possession trusts, the Accumulation and Maintenance trust, the Discretionary trust, the Bare trust and the Charitable trust. Amidst these transition and improvement of the legal system, in general, a trust necessitates for the following: There must be a clear intention to create a trust; the subject matter must be unmistakably identified; and the beneficiaries of the trust must be evidently identified or at least ascertainable. Aside from the foregoing, there are additional formality required in express trusts as provided for in the Wills Act of 1837 which provides that all testamentary trusts must be in writing, signed by the testator or by someone in his presence and by his direction and be attested by two witnesses. The Law of Property Act of 1925 provides that a declaration of trust regarding any land or any in terest therein must be manifested and proved in writing signed by some person who is able to declare such trust or by his will and with respect to shares of stock, the Companies Act of 1985 in general states that a share transfer from must be executed and delivered with the share certificates followed by entry of the name of the new owner in the company books. Aside from the foregoing, it is also noteworthy to generally discuss the concept of Constructive trust. This type of trust is not created by an agreement as mentioned before. A constructive trust is made obligatory by the law as an equitable remedy. A Constructive trust takes place for the reason of some wrongdoing, where the wrong doer get hold of the legal title to property and cannot be allowed to stand benefited from it. It is essentially a legal fiction, which arises by operation of law as a rejoinder to certain occurrences. The Case of BCCI Overseas and ICIC Overseas v. Akindele (2000) In the case of Bank of Credit and Commerce International (Overseas) LTD (BCCI Overseas for brevity) and International Credit Investment Company (Overseas) LTD (ICIC Overseas for brevity) v. Chief Labode Onadimaki Akindele (Akindele for brevity) is a claim of liquidators under the knowing assistance and knowing receipts of a constructive trust. The main issue of the instant case is whether or not there is Akindele was liable to BCCI Overseas and ICIC Overseas for the amount of US $ 6,679,226.33 plus interest as a constructive trustee and alternatively by way of damages for conspiracy to defraud. The transaction has to do with an investment of Akindele of US$ 10 million through ICIC Overseas in the purchase of 250,000 shares of BCCI Holdings of the fully paid up value of US$10 each, made in 1985. Claimants BCCI and ICIC Overseas alleged that both the

CASE STUDY Essay Example | Topics and Well Written Essays - 750 words - 3

CASE STUDY - Essay Example George also needs to realize that it is not his wife’s fault and it is not due to her negligence that their daughter is unable to perform the basic activities of daily life. Among the primary things that he will have to realize is that he will have to step up and help his wife and child in this time and most importantly realize that without his support and patience, his family will suffer even more. Apart from George, I would want to see his wife Teresa and if possible, their children. In the case of Teresa, it is evident that she is suffering from severe depression which might have had an onset after the delivery of her daughter J.J. It is possible that she suffered from a severe case of Post-partum depression which was never treated and worsened into the depressive state that she is currently in. George has indicated that his wife shows an inability to remain emotionally calm and is often crying when he reaches home at night with L.B, his older child. This is indicative of the fact that Teresa is having trouble coping and due to the fact that she receives absolutely no moral and psychological support from anyone, her condition is worsening with time. By talking to Teresa, I would perform a depression assessment using discourse. I would also want to see George’s two children, L.B and J.J. The couple’s daughter three year old daughter is reportedly suffering from autism. The child supposedly cannot speak even though she is 3 years old. By seeing her I would like to confirm this prognosis. I would use the Psycho-educational Profile Revised (PEP-R) assessment for this child. For Teresa, the chosen assessment tool is discourse. This is due to the fact that her symptoms are clearly indicative of the fact that she is suffering from major depression and talking things out in depth with her is going to help me get to a concrete prognosis much quicker. The reason I

The military, political and social importance of the castle in King Essay

The military, political and social importance of the castle in King Stephen's reign - Essay Example own territories from the rivals, both Matilda supporters and King’s force started establishing fortifications on their own style of motte, bailey designs and fen-edge castles. â€Å"Meanwhile in England both parties were compelled to keep armed forces permanently in strong castles, if necessary building new castles or increasing the fortifications of old ones.†1 In the period of King Stephen various new fortifications were established and the existing ones were reconstructed. Stone built castles played a major role in the military and political spheres of the country. â€Å"Developments in castle-building certainly did not arise from the exigencies of war but to provide an appropriate lordly residence – offering security, not terror, to dependents.†2 Royal castles were built to maintain and control the township and the forests while the baronial castles were used by the lords in controlling their widespread territories and estates. In addition, the authori ties also excised power over baronial castles and placed restrictions on its construction. The baronial castles, of that time were considered as a threat to the public, due to their extensive control over the land and people, and so it was curbed by the monarchic authority by the castle policies and forfeitures. â€Å"There was a distinct ‘Angevin castle policy’ under which, by a careful strategy of building and forfeiture, the ratio of royal to baronial castles was altered to enhance royal power over that of the aristocracy.†3 It was during the period of King Stephen that these numerous castle building created a greater chaos to the social life of the people. The society was greatly affected with the castle-building of the powerful people. This included the ‘adulterine castles that are so prominent both in... The researcher states that in the period of King Stephen various new fortifications were established and the existing ones were reconstructed. Stone built castles played a major role in the military and political spheres of the country. â€Å"Developments in castle-building certainly did not arise from the exigencies of war but to provide an appropriate lordly residence – offering security, not terror, to dependents.† Royal castles were built to maintain and control the township and the forests while the baronial castles were used by the lords in controlling their widespread territories and estates. In addition, the authorities also excised power over baronial castles and placed restrictions on its construction. The baronial castles, of that time were considered as a threat to the public, due to their extensive control over the land and people, and so it was curbed by the monarchic authority by the castle policies and forfeitures. â€Å"There was a distinct ‘Ange vin castle policy’ under which, by a careful strategy of building and forfeiture, the ratio of royal to baronial castles was altered to enhance royal power over that of the aristocracy.† It was during the period of King Stephen that these numerous castle building created a greater chaos to the social life of the people. The society was greatly affected with the castle-building of the powerful people. This included the ‘adulterine castles that are so prominent both in modern times as well as in the chronicles which is probably considered as the root of all the evils of the reign.

Miranda Act Essay Example | Topics and Well Written Essays - 750 words - 1

Miranda Act - Essay Example Hence, the entire literature on the impact of the Miranda Act on individuals and law enforcement personnel originates from studies that were carried out during the early years of Miranda (Cassell & Fowles, 1998). Because the more enduring effect of a court resolution is more relevant to academics than its immediate impacts, as expressed by Leo (1996), it is astonishing that no academic has investigated the effect of the Miranda Act in almost three decades. The Miranda Act has been the most contentious and the most condemned case of the Supreme Court in the United States criminal justice (Fridell, 2006). Even though nobody has methodically studied the continuing impacts of Miranda on collective awareness, court cases, or law enforcement methods and behavior, the subject matter of Miranda’s effect is still a root of contention among academics and practitioners (Leo, 1996). Despite the unending debate between liberal and conservative scholars of the Miranda Act, law enforcement personnel have effectively adjusted to the provision of Miranda of ‘pre-interrogation constitutional warnings’ (Leo, 1996, 628) in recent years. A significant portion of the law enforcement community respects the ideals and logic of Miranda and does not challenge its legitimacy anymore. Law enforcement personnel, according to Cassell and Fowles (1998), like detectives and police officers, nowadays have also embraced the legitimacy of the Miranda Act and accepted its importance as a representation of police competence.

Quality assurance Assignment Example | Topics and Well Written Essays - 1250 words

Quality assurance - Assignment Example In the leadership, this serves as the head to a functioning body. The head houses the brain that guides the body’s processes through the brain. This is the same as the company in which its functions are all linked by the leadership or head office. Without this, there is a high chance of chaos and as such products being produced will be substandard. Sub-Standard material doesn’t attract customers and the lower the number the customers, the lower the profit made. Leadership and customers and production quality are all connected, and thus leaders should be carefully chosen (Bounds, 2004; 45). While a company should be able to produce good material remember well is the enemy of great. In order to get to a great one should be able to improve one’s good level and make it better by the day. The customer as well as the leadership will be able to note this in terms of the output. The production in the end is not the only way improvement will be noted. The workers too will be able to note the improvement of the company in terms of the environment. This attracts more customers to the organization, hence profiting the company. In management, there are various roles that ensure a company goes in the right direction. The position limits of the workers make sure that the workers do not interfere in the others work. How does this make effective quality assurance possible? It enables specialization, and specialization produces better products when each producer in a line of production processes makes sure their process is fully mastered and understood (Hakes, 2011; 34). This brings the end product as a high-quality product that a customer is happy to use. This ultimately brings the customer back and thus the act of loyal customers who are satisfied from the work done. The other role is that the role of team-play comes in the picture, and this enables the group to work cohesively. This action of team-play allows for contribution of effective quality

Poetry in Assignment Example | Topics and Well Written Essays - 1250 words

Poetry in - Assignment Example At the deathbed, the persona is willingly distributing earthly possessions to heirs, only for a buzzing fly to unexpectedly interrupt the will-assignment process. In this context, the fly is a symbol used to reinforce the idea of earthly distractions while trying to achieve spiritual composure just before death (Bennett 82). Admittedly, Emily Dickinson intended to demonstrate the element of skepticism or lack of absolute certainty common during inevitable but tragic situations in human life. Technically, the poet employed the literary device of symbolism in delineating mental and spiritual conflicts experienced by humans before dying. In the first line of the poem, the persona says, â€Å"I heard a Fly buzz – when I died.† In essence, the persona is already dead. However, the persona is reminiscent of the moments just before death struck. In this case, the buzzing fly is a symbol; a symbol of earthly distractions and a symbol of how man relates with distractions in the natural world. After the poem’s first line, the symbolic effect of the buzzing fly fades, until when the fly abruptly interrupts the persona while distributing earthly possessions to those present at the deathbed. In lines ten, eleven and twelve of the poem, the persona says, â€Å"I willed my Keepsakes – Signed away what portion of me be assignable – and then it was there interposed a Fly† (Frederic and Mason 591). In this case, the buzzing fly re-enters the room and invariably distract the dying persona from his will-assignment duties. Before the buzzing fly entered the room for the second time, the perso na had achieved a state of calm and resolved spiritual composure. The achieved spiritual calmness at the dying moments is illustrated by lines two, three and four of the poem which says, â€Å"The stillness in the room was like the stillness in the air between the heaves of storm† (Frederic and Mason 591). In this case, the dying persona was experiencing

How important is embodiment to understanding how children perceive and Essay

How important is embodiment to understanding how children perceive and experience the world - Essay Example hildhood embodiment can be considered and there is no single linear and monolithic theoretical tenet that can possibly include all social, cultural and anthropological aspects of childhood embodiment. However, childhood embodiment is unique than other phases of the development of an individual because it is when the body is directly in a rapid flux, which is not experienced at other phases of human life, except may be at an extreme old age. Embodiment of children, thus need to take into account all the aspects that go into the formation of the childhood body.    In order to execute a comprehensive theory of childhood embodiment it is important to locate the ‘body’ within the history of cultural, sociological and anthropological disciplines that have been vigorously, and at times, violently, divided into camps of biological and social reductionism. One point of view has been intent on summarily precluding the other view, and at times quite unexpected ideological fidelity has been worked out among conflicting schools. If we divide the whole approaches into ‘foundationalism’ and ‘non-foundationalism’ schools, then probably the conflicting trends become much clearer. The Foundationalist schools have a strong grounding on the body. It believes in a kind of physiological starting point, as the body being the nodal point in which and through which all other experiences are grounded. It is the base on which the superstructure of society is based. This is very clearly associated with the naturalistic view of th e body. The naturalistic view is best expressed in Shillings words: The capabilities and constraints of human bodies define individuals, and generate the social, political and economic relations which characterize national and international patterns of living. Inequalities in material wealth legal rights and political power†¦are given, or at the very least legitimized, by the determining power of the biological body. (Shilling 41) While there is a

Indonesian Civil Procedure Essay Example for Free

Indonesian Civil Procedure Essay a.Executive Summary Indonesian is not the signatory of the Haque Convention. Indonesian Civil Procedure guidance is based on two regulations, which were adopted from the Dutch Colonial system, which are Herziene Inlandsch Reglement (HIR) and Rechtsreglement voor de Buitengewesten (RBg.). Furthermore, based on the Temporary Law to the Emergency Condition Law No. 1 of 1951 on the provisional considerations state that to those two regulations remained in force up to the new regulations in relation to the Civil Procedure Process will be issued in purpose of ensuring uniformity in the administration, competency and procedure of the civil courts. However, in relation to the matters of obtaining the evidences and the subjects that are parts of the Civil Case, the Burgerlijk Wetbook/the Codes of Civil Procedure Book/Kitab Undang-Undang Hukum Perdata. I. Service Process I.1The First Court Process in District Court The first court in the civil procedure in relation to the civil case should process is the District Court (Pengadilan Negeri). The first process should be the plaintiff registers their claim with the registrar office of a District court through the Head of the Clerk Court. Afterwards, the head of the District Court will resume the claim in relation to appoint a single judge or a panel of judges to examine the case. Generally, a lot of cases are heard and examined by a panel with three judges. The appointed judge or judges will sit for hearings, examinations, and, finally, will issue a decision. The court will schedule dates of hearings and will summon parties to appear before the court. However, if the address of the parties is unknown and/or unrecognized, the notice of the court hearing’s schedule and also the content of the summons should be conducted and announced through the advertisement in a national newspaper. After the notice of the schedule of hearing have been delivered and well received by the Parties or the representatives and/or the assignees, there will be eight hearing phases in the District Court. At the first court hearing, if the plaintiff and defendant attend the hearing session, the judge or the panel of judges will ask both parties whether or not they have attempted to do mediation or a settlement outside the Court prior to appearing before the court. If the parties agree to do the mediation, the panel of judges has the obligation to mediate between the parties or order that they resolve this matter through external mediation outside the court. If the mediation process conducts, the parties will draw up, enter and sign a Settlement and Release Agreement (Akta Perdamaian). This Settlement and Release will have the same effect enforceable as a court judgment as stipulated in the verdict. If the mediation fails and the dispute settlement cannot be reached, therefore the parties should proceed to litigation and the first court hearing will be scheduled by the judge or by the panel of judges. If a defendant or their attorney or appointed lawyer does not appear in the first hearing, the panel of judges will schedule another hearing and ask for the defendant to be properly summoned by the Clerk Court. The judge or the panel of judges may also, however, issue a default judgment in the absence of the defendant. Furthermore, if the plaintiff or their attorney and/or their appointed lawyer fails to appear on the scheduled hearing, the judge or panel of judges will declare the lawsuit null and void. As to be highlighted that, the litigation process in Indonesia for the process is more of a paper process than an oral one. The first court hearing is proposed to the plaintiff giving their arguments and submitting their facts of the case. Furthermore, in this first court hearing, the Plaintiff’s demands should be made and submitted in relation to their expectations to the panel of judges to be decided. The plaintiff has to start reading their lawsuits in the forms of the â€Å"Claim and Demand†. After hearing the plaintiffs lawsuit, the judge or the panel of judges will give an opportunity for the defendant to propose the second court hearing as the rebuttal hearing. Then, the judge or panel of judges will decide and schedule the rebuttal hearing with the sufficient time in relation to giving the defendant preparing the written rebuttal (kopensi). Afterwards, the second court hearing, the court will ask the defendant read their written rebuttal. Furthermore, the defendant also has the option to file a counter suit (rekonpensi) against the plaintiff. This counter suit will make the Defendant as a plaintiff at the same time. The judge or panel of judges has responsibility to issue two verdicts at the same time. At the third court hearing, the judge or panel of judges will hear the plaintiffs rebuttal against the argument made by the defendant at the second court hearing. At the fourth court hearing, the panel of judges will hear the defendants arguments with respect to the plaintiffs rebuttal as submitted in the third court hearing. The fifth and sixth court hearings are proposed to examining evidence and presenting and hearing any witnesses, including expert witnesses. The plaintiff is firstly let to present evidence and their witnesses, and then, the judge or panel of judges gives the next chance to the defendant to present the evidences, witnesses or testimony that it would support of its case. The seventh court hearing is for the court to hear both parties give their conclusions in the case. The eighth and last court hearing is when the panel of judges has to make the decision to the case and read its verdict. The courts verdict, however, does not immediately take effect and become enforceable. The verdict is effective after fourteen days since the date of the verdict was read, if there is no appeal submitted. If one of the parties submits an appeal to this verdict, the verdict will not take effect and be unenforceable. I.2The Appeal Court to the High Court For doing the appeal from the District Court are heard before the High Court (Pengadilan Tinggi). The High Court, which located in each of the Provinces in Indonesia, and also called as a District Court of Appeal. The High Court will examine and review the case through all paper materials submitted by the parties at the District Court at least 14 (fourteen) days after the announcement date of that verdict The parties will not be needed to do physically hearing as required in the first phase in the District Court. The High Courts verdict will take effect and become enforceable in fourteen days if no cassation/appeals to the Supreme Court, which located in Jakarta, as the highest court in Indonesia, is submitted. There are no restrictions and the mechanism, except for time limits, with respect to challenging a verdict of the High Court to the Supreme Court. I.3The Highest Appeal to the Supreme Court/Cassation The Supreme Court has responsibility to review and examine a cassation appeal (kasasi), which the appeal to the Supreme Court is a final appeal from lower courts.   However, it can also conduct a case review (Peninjauan kembali) in the conditions that new evidences should be found, which justifies a re-hearing. The Supreme Court renders decisions concerning disputes of competency amongst the types of court in the first and last instances. The Supreme Court can overrule a verdict of a lower court on any of three grounds: the court in question lacked jurisdiction or acted beyond its jurisdiction; the court applied the law incorrectly or violated prevailing law; and, the lower court neglected to satisfy certain requirements imposed by law. The Supreme Court will review the same materials presented at the District Court, which has been submitted to the High Court; the Supreme Court will not admit new evidences and also ask for another court hearings. The process at the Supreme Court is the similar with the High Court. Generally, the Cassation is possible only if no other ordinary means of obtaining justice is available. If there is a possibility of bringing the case for appeal to the court of second instance (High Court) then the cassation will not succeed. Cassation will be successful if the decisions do not comply with the formal requirements as set forth in the regulation, pertaining to nullification. It is also possible when the lower courts in rendering their decision exceed their jurisdiction. Finally, cassation is possible if the regulations and rules of law have been improperly applied to the case or, if there rules are violated by the Court, or if the Court apply the wrong rules to the case. II.Taking Evidence Abroad There are five types of evidence recognized and set forth in the fourth chapter of the Rules of Civil Procedure Book as follows: * documentary evidence which consists of ordinary documents, notarial deeds and privately executed agreements; * verbal testimony of witnesses under oath in open court; * inferences; * confessions; and * written witness statement sworn in the presence of a notary public. In addition to the five forms of evidence, the following evidence is also recognized in practice: â€Å"Judicial Notice†: The court has discretion with its own knowledge of relevant facts and circumstances, what is known in some jurisdictions as â€Å"judicial notice.† Furthermore, the Judicial notice without inquiry is taken where facts are many parts of the common knowledge that they do not need to be proved at all. Judicial notice is proposed to assist the party, which would otherwise bear the burden of proof in relation to a fact in issue. Furthermore, the Indonesian’s judicial system, the judges themselves are allowed to give questions of witnesses and request other relevant evidence. In relation to the Electronic Documents, pursuant to the Electronic Information and Transactions Law of 2008 that was issued in 2008, the courts are now allowed to accept electronic information and/or electronic documents and correspondence as valid legal evidence. However, this kind of legal evidence excludes those documents that are required by law to be in written form with legalized by the public notary, or in a notarial deed form or required to be made by land deed officials. Furthermore, Indonesia does not have pre-trial discovery procedures like in the Common Law system, however, the Indonesian Civil Procedural Law does state the broad principle that † a person who claims to have a right, or refers to a fact to substantiate his right, or to contradict someone else’s right, must evidence the existence of that right or that fact. II.1Default Summary Judgment Options Generally, in a practice, a default judgment is allowed to be issued, if the defendant or his appointed attorney fails to appear after three consecutive hearings in the District Court phase, and have been properly served. Furthermore, the defendant may file an objection to the default judgment. All legal process is served by officers of the court itself and not by private process servers. Summary judgment is not recognized under the Indonesian civil procedural law. III.Enforcement of Foreign Judgments In relation to enforcing a foreign judgment in Indonesia, the general principle referred to in Indonesian law is the territorial principle. However, as a general rule, foreign judgments are not enforceable in Indonesia. The foreign judgments from the foreign courts cannot be executed by any Indonesian’s courts as a judgment, as well as delivered in a country does not have the requisite force of law in some other jurisdiction. However, although foreign judgments are not generally enforceable in Indonesia, if Indonesia has a bilateral or multilateral treaty with the relevant country issuing the arbitral award, it is possible for a foreign judgment to be enforced. III.1. The Enforcement of International Arbitration Judgments Indonesian courts have historically prohibited to enforce international arbitration judgments without first confirming that judgment or award through the Indonesian judicial system. However, Indonesia has already ratified Convention on the Recognition and Enforcement of Foreign Arbitral Award (New York Convention 1958) through the provisions of Presidential Decree No. 34 of 1981. However, Article 5 of this convention stipulates that the enforcement of an international arbitration judgment can be refused if it breaches public policy or would be detrimental to public order. The Indonesian and foreign mass media seized on this refusal to issue the Writ of Execution as evidence that Indonesia was not only reluctant but would not enforce foreign arbitral awards. b.Department of State Summary DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL. PROVISO: This flyer seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law. The U.S. Department of State does not intend by the contents of this flyer to take a position on any aspect of any pending litigation. OBTAINING EVIDENCE VOLUNTARY DEPOSITIONS: Depositions of willing witnesses may be conducted in Indonesia without the interposition of Indonesian authorities regardless of the nationality of the witness, provided the testimony is voluntary and no compulsion is used. The witnesses may refuse to take an oath or refrain from answering any or all questions. Oral depositions or depositions on written questions may be taken by U.S. consular officers or by private attorneys from the U.S. or Indonesia. Voluntary depositions may take place on U.S. consular premises or at other locations such as offices or hotels, and are taken either on notice or pursuant to a commission. See our general flyer on Obtaining Evidence Abroad for details. ARRANGING FOR U.S. CONSULAR ASSISTANCE: If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter and stenographer, such arrangements must be made in advance with the U.S. Embassy directly. Contact the U.S. Embassy in Indonesia to schedule a deposition of willing witnesses directly on U.S. consular premises, to arrange the participation of a consular officer to administer oaths off-site, or to obtain information about court reporters, stenographers or interpreters. Our general flyer, Obtaining Evidence Abroad , include a checklist of the specific information inquirers should include in requests to the U.S. Embassy. ARRANGING FOR U.S. CONSULAR ASSISTANCE IN DEPOSITIONS : The Office of American Citizen Services information flyer entitled Obtaining Evidence Abroad includes step-by-step instructions for what information you should fax to U.S. consular officers at the American Embassy in Indonesia to arrange for voluntary depositions. PARTICIPATION BY LOCAL, STATE OR U.S. GOVERNMENT OFFICIALS : Local, State or U.S. Government officials must have formal U.S. Embassy and Host Country clearance before traveling to a foreign country to conduct informal interviews related to judicial assistance matters or depositions. If participation of such officials is envisioned, they should contact the East Asia and Pacific Division of the Office of American Citizens Services which will transmit the request for host country clearance to the U.S. Embassy in Jakarta for transmittal to the Foreign Ministry of Indonesia. Police clearance does not constitute formal host country clearance. Compulsion of Evidence Indonesia is not a party to the Hague Convention on Obtaining Evidence Abroad. Compulsion of evidence is obtained pursuant to a letter rogatory. A letter rogatory is a request from a court in the U.S. addressed to the Appropriate Judicial Authority of the foreign country. See our general information flyer, Preparation of Letters Rogatory for details about the process. There are no laws or regulations specifically relating to the use of Indonesian courts for the taking of depositions requested by foreign courts, nor is there clear precedent to which one can refer in determining how to approach the Indonesian courts on this matter. Requesting counsel should be aware that when letters rogatory are executed by foreign courts which compel the appearance of a witness to answer written interrogatories, the evidence is taken in accordance with the rules of the foreign court. In most cases an American attorney will not be permitted to participate in such a proceeding. Occasionally a foreign attorney may be permitted to attend such a proceeding and even to put forth additional questions to the witness. Not all foreign countries utilize the services of court reporters or routinely provide verbatim transcripts. Sometimes the presiding judge will dictate his recollection of the witnesss responses to his secretary. Generally letters rogatory worldwide, including those sent to the United States, take from six months to a year to execute. Preparing A Letter Rogatory For Use In Indonesia In addition to the general guidance in our flyer Preparation of Letters Rogatory , keep in mind that any letter rogatory intended for use in Indonesia must include the following: * Reciprocity: an offer of reciprocal assistance; * Costs: a statement expressing willingness to reimburse the Indonesian judicial authorities for costs incurred in execution of the letter rogatory;†¨ * Translations: a certified translation in Indonesian attached to the English copy (although not a requirement, this will expedite processing in Indonesia). * Authority to Issue the Letter Rogatory: The letter rogatory must include the signature of the judge and the seal of the court. Any summons accompanying the letter rogatory must include the seal of the court;†¨ * Authentication: The letter rogatory and any accompanying documents must be authenticated (also called legalized) by the Indonesian Embassy, 2020 Massachusetts Ave., N.W., Washington, D.C. 20036, tel: 202-775-5200. Contact the Consular Section of the Indonesian Embassy for details about requisite fees. Our general information flyer, Authentication of Documents for Use Abroad includes step-by-step instructions about this process. * U.S. Consular Fees : There is a $455.00 fee for consular services related to letters rogatory. The U.S. fee and any local (foreign) fees will be deducted from the $500.00 deposit check (bank or firm check/no personal checks) payable to American Embassy Jakarta which should accompany the letters rogatory and cover letter (including the complete mailing address of the court in the U.S. to which the executed request should be returned). Requests from State or Federal Government Officials If the service is on behalf of the federal, state or local government, there is no fee. If the letter rogatory is being transmitted at the request of a state or federal official no U.S. consular fee will be charged. However, local authorities in the foreign country may impose fees of their own which must be paid by the state or federal authority in the United States requesting the judicial assistance. You will be contacted if a federal appropriation number and fund code or remittance a check for foreign fees owed by state or local governments in the U.S. are necessary. Service of Process Service of process can be effected in Indonesia in a variety of ways: 1. International registered mail, return receipt requested. 2. Personal service by agent can be accomplished by retaining a Indonesian attorney who will serve the documents and execute an affidavit of service at the U.S. embassy. There is a $55.00 fee for the U.S. consular officers notarial service. Lists of attorneys are available from the Office of American Citizens Services, see Questions below. 3. Letters Rogatory (See Above). Authentication of Documents Indonesia is not a party to the Hague Legalization Convention Abolishing the Requirement for Legalization of Foreign Public Documents. Documents originating in Indonesia intended for use in the United States must be authenticated before a U.S. consular officer in Indonesia. There is a $32.00 fee per document for this service payable to American Embassy Jakarta. Likewise, documents originating in the U.S. intended for use in Indonesia must be authenticated by the Indonesian Embassy. [ 1 ]. For this purpose the study used the following books on the Law of Civil Procedure: R. Soepomo, Hukum Acara Perdata Pengadilan Negeri (The Law of Civil Procedure in District Court), (Jakarta: Percetakan Penebar Swadaya, 2002); Retnowulan Sutantio and Iskandar Oeripkartawinata, Hukum Acara Perdata dalam Teori dan Praktek (The Law of Civil Procedure in Theory and Practice), (Bandung: Alumni, 1986). Translation by Author; and also provided in http://www.aseanlawassociation.org/papers/JudicialSystem.pdf. [ 2 ]. http://www.aseanlawassociation.org/papers/JudicialSystem.pdf. Judicial System, last visited: November 1st,2011 and www.suyud.com. Indonesia Civil Procedure. Last visited: November 2nd, 2011. [ 3 ]. Id. [ 4 ]. Id. [ 5 ]. http://d-arch.ide.go.jp/idedp/IAL/IAL002100_004.pdf. Last visited: November 2nd, 2011. [ 6 ]. Id. [ 7 ]. http://www.travel.state.gov/law/judicial/judicial_651.html

Aircraft Performance and Aviation Management

Aircraft Performance and Aviation Management Briefly discuss about the main objectives of Air Traffic Services? This information is supported by (ivao.aero,2014) says the objectives of the air traffic services shall be to: Prevent collisions between aircraft Prevent collisions between aircraft on the manoeuvring area and obstructions on that area Expedite and maintain an orderly flow of air traffic; Provide advice and information useful for the safe and efficient conduct of flights Notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required. Explain how these objectives affect the aircraft movements and ground movements. This data is supported by (faa.gov,2014) says Ground controllers must exchange information as necessary for the safe and efficient use of airport runways and movement areas. This may be accomplished via verbal means, flight progress strips, other written information, or automation displays. As a minimum, provide aircraft identification and applicable runway/intersection/taxiway information as follows: Ground control must notify local control when a departing aircraft has been taxied to a runway other than one previously designated as active. Ground control must notify local control of any aircraft taxied to an intersection for takeoff. This notification may be accomplished by verbal means or by flight progress strips. When the runways in use for landing/departing aircraft are not visible from the tower or the aircraft using them are not visible on radar, advise the local/ground controller of the aircrafts location before releasing the aircraft to the other controller. Aircraft movements This information was mentioned in (flyingwithoutfear,2014) When an aircraft starts its journey it first has to get permission to start its engines from a ground controller, then it will have to get permission to push back from its stand from another ground controller. Prior to taxi-ing it will be given instructions to take a particular route to the active runway according to its parking gate position and any other aircraft which are using the same runway. This permission will be given by yet another ground controller. Before the aircraft is given clearance to take off it will have to speak to the controller whose sole job is to give permission to aircraft to take off or land. When airborne, the pilots will change to another frequency and speak to a departure controller who will give permission for the aircraft to climb to a higher altitude. Once clear of other departing and arriving traffic the aircraft will transfer to an airways controller who will give permission for the aircraft to climb to its cruising height. The crew have to ask for permission to leave its cruising height before descending towards its destination. As the aircraft approaches the destination airport, various controllers will be responsible for its safe passage until it lands and parks at its arrival gate. Analyse the physical appearance of the control tower and its contribution to achieve these objectives and explain about the communication failure procedures. This data is mentioned in (faa.gov,n.d) says In the past, Airport Traffic Control Tower (ATCT) siting decisions have been significantly influenced by the upper height limits imposed by terminal procedures (TERPS) and controller opinions. Because tower siting (height and location) affects airport safety and construction costs, the FAA had no means to measure quantitatively the improvement in air traffic controller visibility that can be gained by changing the tower height and location on the airport surface, and there was no required minimum criterion for tower height. This information is supported by (experimentalaircraft,2014) Preflight -During preflight make sure that you have the correct frequencies with you: check the AIP, NOTAMs, approach and/or enroute charts. Preflight also means that you need to check communications availability for the airports and the route you plan to use. If not sure then a phone call with your destination will solve that problem, also ask if they accept NORDO (No Radio) aircraft. Garmin SL40 Aircraft Radio Radios can become complex equipment when they are integrated into Garmin G1000 systems like EFIS. Standalone Icom, Bendix King or Apollo/Garmin radios are really easy to control. Having the pilots quick reference manual in your flight bag or with the aircraft documentation or manual can be a big help. It will save the day should you become confused about any function of the radio. ATC light gun -Some aviation charts depict them: ATC light gun signals. Make sure you know them by heart or carry a copy of their meaning with you. Practice these signals every once in a while. Frequency change -If contact can not be established after a frequency change, go back to the previous frequency or channel and verify with the controller that you have the correct frequency. This is first thing you must do in this case. Second radio -If you suspect that your radio has failed and you have a second one, set that frequency in the other radio and try again. When I fly an aircraft with multiple radios I plan to use all of them, and during a handover I set the next frequency into the other radio and use that one. This way I always have both radios checked and functional. Should I need to switch back, its done within a blink of an eye on the intercom panel. Squelch setting -A squelch is used to suppress the white noise when no station is transmitting, turn the knob clockwise until the noise just about disappears (on radios with an automatic squelch you need to pull or push the volume knob). Sometimes after switching and verifying that you have the correct frequency and that the radio is operating correctly it might be that you are just to far away (or flying too low) for the next station. Its signal strength is just too weak to open the squelch you will hear nothing. First thing I do is to open up the squelch manually (pull/push the volume knob) and listen to the noise/static and other aircraft and retransmit when able. Chances are that you hear them calling you just above the noise level. By the time you get closer, the signal strength will have improved enough so that you can use the squelch again. Radio Failure -It will not happen that often but radios can fail and having a second on standby will save the day. Should it happen, try pulling the fuse wait a couple of minutes and push it in again. This might reset the radio. Should this fail then and you have only one radio, set 7600 on the transponder and determine if you need to divert to an airport where NORAD aircraft are allowed. It is advisable to call ATC after landing to explain the situation. Altitude -VHF communications rely on antennas to be in line of sight of each other to be able to receive their signals. Should you not hear the other station then climb, if possible, a couple of thousand feet. This will improve the range in which you can contact stations.HF communications rely on radio wave propagation by the Earths Ionosphere and line of sight is not so much of an issue here. Relaying-At times you may find that other, possibly higher flying aircraft, are willing to relay your message to the ground station. Sometimes even without asking, because they can hear you and the ground station and its obvious to them that you can not reach or hear ATC. Transponder Aircraft Transponder The transponder code for lost communications is 7600 in any mode (A/C/S). Setting this code will ring bells in ATC facilities and you will most definately get their attention! Again, make sure to explain the situation after landing. Diversion If all else fails and your destination is a controlled airport where radio communications are mandatory, then by all means divert to an airport where you can land without a radio and have your radio checked by a radio shop before you continue on to your final destination. Overflying the signal area before entering the circuit/pattern is a wise decision at that time. Describe about the visual signals and their use, colours and effects of the markings. Also identify other markings in the manoeuvring area and their use. This information was mentioned in (tc.gc.ca,2012) says A series of green flashes directed at an aircraft means respectively in flight on the ground 1. cleared to land; cleared to taxi. 2. return for landing; cleared for take-off. 3. return for landing; cleared to taxi. 4. cleared to land; cleared for take-off. A steady red light directed at an aircraft means in flight on the ground 1. give way to other aircraft and continue circling; stop. 2. give way to other aircraft and continue circling; taxi clear of landing area in use. 3. airport unsafe do not land; taxi clear of landing area in use. 4. airport unsafe do not land; stop. A series of red flashes directed at an aircraft means respectively in flight on the ground 1. airport unsafe, do not land; taxi clear of landing area in use. 2. give way to other aircraft and continue circling; stop. 3. do not land for time being; return to starting point on airport. 4. you are in prohibited area, alter course; stop. A steady green light directed at an aircraft means respectively in flight on the ground 1. cleared to land; cleared to taxi. 2. return for landing; cleared to taxi. 3. return for landing; cleared for take-off. 4. cleared to land; cleared for take-off. A flashing white light directed at an aircraft on the manoeuvring area of an airportmeans stop. return to starting point on the airport. cleared to taxi. taxi clear of landing area in use. Blinking runway lights advises vehicles and pedestrians to return to the apron. vacate the runways immediately. be aware that an emergency is in progress; continue with caution. be aware that an emergency is in progress; hold your position. This information is mentioned in (airservicesaustralia,2013) Colourƒ Runway markings are white(although yellow taxiway centrelines may lead on,lead off, or cross the runway). Taxiway markings are yellow. Markings on aprons and in ramp areas may include other colours(e.g. it is common to mark vehicle roadways in white). Taxiway marking patterns ƒIf a marking pattern consists of two or more lines—some of which are solid and some of which are dashed—these are runway holding position markings. It is always permissible to cross from the dashed side to the solid side. ATC permission is always required to cross from the solid side to the dashed side at an aerodrome with an operating control tower. When instructed to ‘hold short’ always stop before the first solid line of the runway holding point marking as depicted below. Figure01 Intermediate Holding Positions Intermediate holding position markings show a holding position between taxiways. Youwill need to hold at these if ATC direct you to hold short of a particular taxiway. figure02 Aerodrome signs – how to get from here to there safely Along with aerodrome markings and lights, aerodrome signs are designed to assist you in navigating around an aerodrome.It is essential that you understand the colour coding and meaning of these five types of signs when taxiing on an aerodrome: 1. Location sign: Identifies the taxiway you are currently located on. It has a yellow inscription on a black background Figure03 Mandatory instruction sign: Identifies the entrance to a runway or critical area, and areas prohibited for use by aircraft. It has a white inscription on a red background. You must obtain a clearance from ATC prior to proceeding past this point Figure04 Direction sign:identifies the designations of taxiways leading out of an intersection along with an arrow indicating the approximate direction of turn needed to align the aircraft on that taxiway. They are located before the intersection, normally on the left side and normally with a location sign. It has a black inscription on a yellow background figure05 Destination sign:Identifies with arrows the directions to specific destinations on the airfield (e.g. runways, terminals or airport services). It also has a black inscription on a yellow background figure06 Sign arrays:Grouping of direction signs. Signs are orientated clockwise from left to right. Left turn signs are on the left of the location sign and right turn signs are on the right of the location sign. Figure07 Aerodrome lighting There are many different lighting combinations that may exist on some aerodromes, especially where aircraft operations are conducted in the lower visibility ranges. For taxiing operations around airfields, you should remember: Runway edge lights are white (although on runways fitted with high intensity lighting, the runway edge lights within 600 m from the end of the runway will beyellow.) Figure08 taxiway edge lights or reflectors are blue figure09 taxiway centreline lights or reflectors are green figure10 runway guard lights are flashing yellow lights (either in the pavement or located on the side of the taxiway) and highlight a runway holding point figure11 High intensity approach lighting (HIAL) is red and white Figure12 Communication capabilities of the users and the role of tower controller This information is supported by (faa.gov,2014) sat the FAAs air traffic controllers ensure the safe and efficient flight for about two million aviation passengers per day or almost one billion people per year. Air traffic controllers safely manage more than 60 million aircraft annually to their destinations. The U.S. air traffic controller workforce consists of approximately 15,000 dedicated and well-trained men and women working in air traffic control towers, terminal radar approach control centers, and en route control centers managing 30.2 million square miles of airspace. Air Traffic Control Tower Controllers Work in the glassed-in towers you see at airports. They manage traffic from the airport to a radius of 3 to 30 miles out. They give pilots taxiing and take off instructions, air traffic clearance, and advice based on their own observations and experience. They provide separation between landing and departing aircraft, transfer control of aircraft to the en route center controllers when the aircraft leave their airspace, and receive control of aircraft on flights coming into their airspace. Terminal Radar Approach Controllers Work in radar rooms, using terminal radar sensors to assist the aircraft until it reaches the edge of the facilitys airspace, usually about 20 to 50 miles from the airport and up to about 17,000 feet, before handing it off to the En Route Center Controllers En Route Center Controllers Work in 21 centers across the country, in a location away from the airport. You will never see them during the course of your flight, but they will normally direct your aircraft for the bulk of your ride. Controlling traffic usually at or above 17,000 feet, the typical center has responsibility for more than 100,000 square miles of airspace generally extending over a number of states. These controllers give aircraft instructions, air traffic clearances and advice using radar or manual procedures they keep track of the thousands of planes in the sky at any one time. Due to the radar equipment, they work in semi-darkness and guide aircraft on the scope Reference faa.gov, (2014) Chapter 3- Airport Traffic Control- Terminal. [Online] Available at: Accessed on 2nd July 2014 Page ivao.aero, (2014) Air traffic services. [Online] Available at: Accessed on 2nd July 2014 Page flyingwithoutfear, (2014) air traffic control. [Online] Available at: Accessed on 2nd July 2014 Page experimentalaircraft, (2014) Loss of communication. [Online] Available at: Accessed on 2nd July 2014 Page tc.gc.ca. (2012) 2.0 Visual Signals. [Online] Available at:Accessed on 2nd July 2014 Page airservicesaustralia, (2013) 6. Aerodrome markings, signs and lights. [Online] Available at:Accessed on 3rd July 2014 Page faa.gov, (2014) Roles and Responsibilities of Air Traffic Control Facilities. [Online] Available at:Accessed on 3rd July 2014 Page 1

Conflict Influence On The Provision Of Aid Politics Essay

Conflict Influence On The Provision Of Aid Politics Essay The question of how conflict influences the provision of aid subtly posits a normative assumption; the reader is immediately positioned on the affirmative side of whether aid should be provided in a conflict situation. This reflects a new reality in the global political landscape: the proliferation of conflict involving a high humanitarian cost has led the international community to prioritise intervention over sovereignty. As Duffield notes, largely through a series of ad hoc Security Council resolutions, a key development has been the ability [of the United Nations] to provide relief assistance even under war conditions.  [1]  Essentially, the changing nature of conflict has provoked changes in the role and function of aid, and when, and by whom it is provided. I will be exploring the perspective that the relatively new strategy of providing aid during conflict has led to an inevitably dynamic interactive relationship between conflict and aid, characterised by both legal/ moral quandaries and delivery problems. Initially I would like to define what is meant by the term conflict. Contemporary conflicts, as described by Kaldor, are a mixture of war, crime and human rights violations.  [2]  They are no longer inter-state affairs participated in by actors delineated along traditional lines, i.e. military vs. military. They are typically intra-state, characterised by low intensity warfare; they are facilitated by technological advances such as low cost, lightweight weaponry and speedier communication; they receive much international attention, both from the media and the international/ political community; and whilst not being inter-state, they may be facilitated by external involvement. Duffield suggests these new wars are a permanent characteristic of fragmented crisis areas, which lack political and economic cohesion.  [3]  Duffield explains that these areas outside of the economically and politically integrated blocs- cannot be understood in conventional terms of war and peace. Thei r defining feature is ongoing instability, and furthermore this is not a temporary phase in the process of development and transition toward liberal democracy (i.e. modernisation)  [4]  . A more appropriate framework than the binary war/ peace opposition is to situate contemporary violence on a conflict-to-peace continuum. This spectrum perspective firstly accommodates the varying levels of intensity within a conflict, and also situates conflict in a timeframe. In considering the interaction of conflict and aid, one must not only consider the influence of the actual conflict enacted in the present; but the influence of past conflicts, and how aid might avoid or exacerbate potential conflicts in the future. The continuum should be viewed as linear but non-teleological, in that it includes the causes of conflict, conflict itself, and post-conflict situations which have the potential for repeated conflict. Uvin defines the transition from a state of conflict to a state of peace as a process with no definitive endpoints: Sustainable peace is not something that can be produced rapidly; it is not something that can be mastered technically, with a fixed formula; it is not ev en a clear state that can be achieved once and for all as much as a process.  [5]  Conflict can also be defined in opposition to peace. Within Suhrke and Buckmasters definition of a transition to peace, the conflictual position on the spectrum is also elucidated: Peace stabilization [à ¢Ã¢â€š ¬Ã‚ ¦involves securing] transition from a military to a political mode of conflict [à ¢Ã¢â€š ¬Ã‚ ¦] demobilisation, return of refugees, reintegration [à ¢Ã¢â€š ¬Ã‚ ¦] and mechanisms for dealing with the conflict in political terms (elections, power sharing), relief (especially for IDPs and refugees), and immediate reconstruction to [à ¢Ã¢â€š ¬Ã‚ ¦] offer alternatives to war economy.  [6]   As mentioned before, contemporary conflicts involve a range of less-clearly defined actors. Conventional distinctions such as state vs. state or state vs. rebel have dissolved, and the lines demarcating illegitimate state/ legitimate state/ military, civilian/ military/ rebel/ revolutionary are very much distorted.  ­Ã‚ ­Ã‚ ­Ã‚ ­Ã‚ ­Ã‚ ­Ã‚ ­Ã‚ ­In relation to this dissolution of clearly defined actor roles, an overarching feature of contemporary conflict is that whilst some are waged as legitimate rebellions over genuine grievances pursuing the objective of social transformation, the sustaining of conflict itself is often the objective. In a situation with few economic opportunities and resource scarcity, the ability to wage war is the wielding of economic and political power in itself, and sustaining the conflict may paradoxically be synonymous with sustaining the means of life. Conflicts may not just be the outcome of deep, structural causes, but also actors attempts to address a nd weather these causes. It is also necessary to define what aid is. Aid can- theoretically at least- be categorised as either relief (humanitarian assistance) or development aid. The former will focus on material goods (food, medicine, clothes and shelter) and services (water, security), and will be provided in the short term, as emergency situations dictate. The latter will concentrate on addressing structural inequalities and divisions, aiming to transform and reconstruct society through capacity building in political, economic and social spheres; and will generally be disbursed within a longer term framework. Aid is for the relief of suffering and human needs, both the immediate need and the causes of that need. Aid is delivered by NGOs (e.g. Oxfam), international organisations (e.g. the UN) and governments (e.g. DFID) although these actors may overlap, conflict and co-operate. However, this neat categorisation of aid is not theoretically or practically possible. It seems that whether relief constitutes aid is disputed. The OECD says: Official development assistance is defined as those flows to countries and territories on the DAC List of ODA Recipients and to multilateral development institutions which are: i. provided by official agencies, including state and local governments, or by their executive agencies; and ii. each transaction of which: a) is administered with the promotion of the economic development and welfare of developing countries as its main objective; and b) is concessional in character and conveys a grant element of at least 25 per cent (calculated at a rate of discount of 10 per cent).  [7]  This definition should not technically include relief or humanitarian assistance, as generally these do not fulfil the second criterion. However, other literature does consider humanitarian assistance as a (growing) part of ODA: the share of human itarian assistance has risen sharply, from about 3 per cent of Official Development Assistance (ODA) in the 1980s to close to 10 per cent in recent years.  [8]  The problem of, and reasons for, separating these different sorts of aid in practical situations will be discussed further. It is similarly useful to consider aid in terms of a continuum: relief-to-development. The purpose and goals of aid modulate along this spectrum, and may in fact be in opposition as well as converge. Short term provision of relief aid which bypasses a weak state will serve to effectively weaken that state further, hindering future development efforts. For example, Natsios details how the effect of one the ICRCs interventions in Somalia in 1992, intended to improve food security, had other long term negative effects. Their soup kitchens actually destabilised society socially and politically, because the starving remained relocated near to the kitchens instead of returning to plant crops. Whilst the ICRCs methods preserved life, they had other long term effects.  [9]   The core humanitarian value acknowledging a responsibility to prevent human suffering, whether in the short or long term- underlies both relief and development aid. Traditional, apolitical, neutral humanitarianism emerged, as Duffield explains, from the inhumane political bias cultivated within the Cold War climate.  [10]  Humanitarianism is based on qualities of impartiality (need being the only criteria for distribution) and neutrality (not taking sides or interfering in a conflict). This is emphasised in UN Resolution 46/182, clarifying the provision of aid in conflict situations. Guiding Principle two states Humanitarian assistance must be provided in accordance with the principles of humanity, neutrality and impartiality.  [11]   Duffield initially concluded that neutrality is impossible in the new wars, since any assistance necessarily has political effects.  [12]  He also charted the development of a New Humanitarianism which acknowledges that there are severe difficulties in the real life provision of apolitical, impartial and neutral aid.  [13]  Duffield later suggested that humanitarianism had changed its modus operandi, supposedly maintaining neutrality with practices such as negotiated access and the more refined variable consent.  [14]  Whatever the practical feasibility of neutrality and impartiality, it is important to bear in mind the importance effects of trying to maintain these principles in order to preserve the likelihood of access: Duffield suggests it is a useful tool of practical diplomacy.  [15]   As well as delivery problems, such as maintaining impartiality, humanitarian aid faces a legal problem in conflict settings; such as the adhering to the responsibility of providing aid whilst not in the process of intervention impinging on sovereignty. Chapter One, Article 2, Paragraph 7 of the UN Charter: forbids intervention in the internal affairs of a sovereign state: Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state [à ¢Ã¢â€š ¬Ã‚ ¦]  [16]  UN Resolution 46/182 reinforces state sovereignty but also emphasises the states responsibility towards those needing aid. Guiding Principle six states: States whose populations are in need of humanitarian assistance are called upon to facilitate the work of these organizations in implementing humanitarian assistance, in particular the supply of food, medicines, shelter and health care, for which access to victims is essen tial.  [17]  Within this Resolutions framework, the state has had a much greater role in the delivery and co-ordination of humanitarian assistance: but expectations of responsibility are stressed as well. This provides aid donors and international organisations with a clearer duty and right to intervene in situations where a predatory state blocks aid to one or more population groups. Who provides aid to whom is a complex problem, and in the reality of a conflict situation it involves a series of moral tradeoffs. Duffield pinpoints a shift from apolitical aid to an acknowledgement of aids political effects: the new humanitarianism involves a shift in the centre of gravity of policy away from saving lives to supporting social processes and political outcomes.  [18]  However, he is, as am I, uncomfortable with the new accommodation and its willingness to sacrifice lives today on the promise of development tomorrow.  [19]  He explains that the consequentialist ethics of the new humanitarianism [à ¢Ã¢â€š ¬Ã‚ ¦] in holding out the possibility of a better tomorrow as a price worth paying for suffering today, has been a major source of the normalisation of violence and complicity with its perpetrators.  [20]  Unfortunately, Duffield is left in the same position as anyone attempting to find a clear-cut, positive way to provide aid. There are problems with eit her viewing aid as apolitical or political. The most responsible path through this quandary is to look in detail at the actual dynamics between conflict and aid, and to approach each particular conflict situation individually with these dynamics in mind. The dynamic influence conflict has on aid results primarily from the new types of actors involved in conflict. For example, a state which offends human rights (i.e. not fulfilling its security role) has a direct impact on how aid will be provided. Unable to ignore the human rights offences of predatory states, donors will target aid and incentivise it for peace. Uvin suggests that the international community has become active in so-called democratic policing a matter which would have been considered far beyond the reach of ODA only a decade ago.  [21]  The tools used to foster democracy and other liberal goals include, among others, the use of conditionality, which has evolved into less strong-armed methods such as DFIDs promotion of: ownership, alignment and harmonization, as detailed by Goodhand.  [22]  But it is unclear how these positive governance-related behavioural results can be used as tools in the same way that aid can be leveraged. Conflict attracts aid: it creates a need for it, and negatively impacts successful disbursement and provision in a variety of ways. Aid is unavoidably a source of political, economic and social power and combatants will use it for their objectives. Conflict is a perverse economic, political and social system, an imbalance of powers: when the power associated with aid is introduced into that system or conferred on one party, it cannot be expected to fulfil a pacifying role, immediately solving the conflict and its effects. It will interact with, and within, the conflicts dynamics. Parties involved in conflict will misuse, deplete and misdirect aid. Lischer outlines these: firstly, aid will be given to combatants, both unknowingly, and on purpose (in efforts to adhere to the impartiality criterion of humanitarian aid). For example, after the Rwandan genocide of 1994 and massive subsequent refugee movements into neighbouring countries, UN aid was disbursed in refugee camps in eastern Zaire. These camps and aid received were controlled largely by the RDR, a combatant group of Hutus who had perpetrated genocide. Secondly, Lischer notes that as well as supporting combatants, aid will support their dependents (families, political supporters) thus allowing them to use their resources to pursue conflict. Thirdly, aid will be coercively taken instead of donated. Lischer outlines the following methods of diversion: Refugee leaders levy war tax on refugee populations [à ¢Ã¢â€š ¬Ã‚ ¦] refugee leaders control distribution, [à ¢Ã¢â€š ¬Ã‚ ¦] militant leaders divert aid by inflating population numbers, [à ¢Ã¢â€š ¬Ã‚ ¦] raiding and stealing.  [23]  The resource scarce and hungry dynamics of conflict means aid inevitably supports combatants, thus sustaining conflict. Conflict also creates the economic conditions in which aid is expected to function. Donors may intend aid to work in one way, but the context of the conflict economy will distort this intended impact and actual provision of aid may differ greatly from operational policy. War economy and war markets will be reinforced. Natsios details the way in which this was evident in Somalia. Civil war, drought and resulting famine meant that attempts to improve food security were distorted by the perverse dynamics of Somalias conflict economy. Natsios explains that the scarcity of food in Somalia increased its value: as food aid was disbursed, relief food was an attractive objective of plunder.  [24]  In addition, market demand was driving some of the looting the normal disposition of merchant classes supporting law, order and stability as essential to commercial exchange was reversed, because of distorted markets.  [25]  Conflict and aid also interacted to produce very variable food pri ces rather than affordably low ones, as the influx of food aid was supposed to produce. Natsios explains how prices fluctuated, rising as warlords hoarded substantial tonnage, and dropping as these same warlords dumped food on the market preceding the US airlift. As flooding the market had little effect in the conflict context, OFDA began a policy of monetization. However, even though a reduction in food value was achieved, the effect of this aid policy had an adverse effect due to the conflict economy. Instead of making food relatively invaluable and improving security, the drop in food prices increased [the level of violence] as warlords and thieves alike stole a greater volume of food to make up for its diminished value.  [26]  The conflict economys dynamics meant peverted the intended effects of food aid. The disbursement of aid is not only prey to conflicts perverse economic forces, but to its socially divisive nature. Conflict is waged along and facilitated by divisions in society (ethnic, territorial, religious) and the provision of aid will be influenced by these cleavages: aid will reflect adverse group relations. This can be on an operational policy level (ostensibly aiding refugees, but prolonging their segregation from society), and at the level of delivery; Anderson suggests that the practice of targeting aid reinforces divisions rather than connectors in societies.  [27]  However, if social connectors are facilitated and reinforced instead of undermined, as Natsios exemplifies in the case of Somalia, aid can avoid the vicious effect of conflict on social dynamics. He details how the irrigation project in the Shabeelle valley bolstered Somalian societys connectors, the tempering natural stabilizing force of the clan elders, as they were given the resources and money to cr eate employment.  [28]   Conflict engenders a need for aid but also jeopardises its integrity, as the humanitarian imperative to fulfil this need means aid donors interact with less than ethically robust actors still pursuing conflict. In order to gain access and begin peace building, a short-term pragmatic attitude is required, resulting in engagement with combatants in positions of control, and thus conferring legitimacy, both domestically and internationally. Uvin posits a sliding scale of principle/ pragmatism/ complicity which is positions the problem usefully: as policy slides down this scale, the dangers of ignoring the humanitarian objective reform into being complicit in or fuelling an illegitimate actors actions.  [29]   Conflict creates gaps in state function, which aid presumes to fill (not close): for its very nature is substitutive. Uvin points out that During conflicts, many governments cease functioning, particularly in areas with heavy violence.  [30]  Filling this gap of capacity or service delivery may have the adverse effect of weakening and undermining state and local capacities: for example governance in Afghanistan, and food provision in Somalia.  [31]  Stewart and Samman suggest that in the long term, conflict and the aid it attracts perpetuates the situation: Even when [CONFAID] does help prevent starvation in the short term, it can prolong suffering over many years by contributing to the financing of the war and diverting people from their normal economic activities.  [32]   The political context of conflict influences the provision of aid dramatically. By political context, I mean that a) aids impact is unavoidably politicised, and b) the political context and objectives of international involvement, and various recipient actors, will be influential. The political context of donor actors involved in the conflict-peace continuum, will determine how aid is used. For example, Goodhand and Sedra argue that international engagement in Afghanistan has been Janus headed [à ¢Ã¢â€š ¬Ã‚ ¦] tension between one face prioritizing the war on terror and short term stability and the other durable peace through state building.  [33]  The donors short term focus and commitment due to domestic political pressures meant that long term goals were undermined. The political context of non-state actors receiving aid is also a factor. Lischer argues that the extent to which a group is politicised will determine for what purpose aid is used, and how successfully. The greater the level of political cohesion among the refugees, the more likely they (or their leaders) will attempt to divert refugee relief in support of their political and military goals.  [34]   The political context of state recipients can influence the on-the-ground provision of aid in adverse ways. Stewart and Samman contrast the way in which successful aid provision depended on the political stance of the governments in Sudan in 1983 and Mozambique in 1975- 1982: CONFAID was manipulated and used to pursue conflict by a predatory government in Sudan, but in Mozambique the Frelimo government, whilst less predatory, was still associated with aid provision. This made the opposing Renamo areas inaccessible despite having an impartial mandate.  [35]   Furthermore, the combination of political contexts of both recipient and donor results influences at whom the aid is targeted: Uvin exemplifies this: in Rwanda, many donors abandoned targeting for fear of being seen as partial to any one side; in Afghanistan, they strengthened targeting to women, for fear of acquiescing to government policies that exclude women.  [36]   In conclusion, having looked at the intricacies of the conflict-aid dynamic, I would like to position the question of conflicts influence on aid within the wider spectrum of debate about conflict. Conflict is often seen as a breakdown or transgression from a normal state of affairs: however, as Anderson notes, it is normalcy that gave rise to the emergency initially.  [37]  Relinquishing this idea will obviously have an effect on the role that aid is expected to play: it is not merely a temporary measure, but a whole new start. Related to this is the fact that conflicts have structural (deep) and immediate (light) causes requiring long-term development and short-term aid solutions, but the two are rarely successfully reconciled. As Uvin notes, outside pressure for democracy [à ¢Ã¢â€š ¬Ã‚ ¦] tends to take more time, consistency, knowledge, finesse and commitment than the international community typically has.  [38]  This is perhaps because the traditional view of conflict att ributes blame to internal problems; whereas aid and development are imposed, technically and professionally, from a sphere external to the conflict. But as Uvin explains, aid can be an integral part of the system; which, in the case of Rwanda, perpetrates and perpetuates structural violence; development aid interacts in manifold and important ways with profound social processes of inequality, exclusion, humiliation, impunity, and despair, on which the genocidal edifice was built [à ¢Ã¢â€š ¬Ã‚ ¦] Domestic politics are inseparable from external aid: foreign aid is constitutive of domestic processes.  [39]  Lastly, the impossibility of neutrality and apolitical action within complex situations of conflict does not mean that we must retreat back to neutrality: politicisation is inevitable. Beyond neutrality is an acknowledgement of responsibility, for both the successful and unsuccessful results of aid provision. 3448 words.