English Dominance Essay Example for Free

English Dominance Essay English is one of the most spoken languages in the world. Globally around 380 million people speak English as their first language, 250 million use it as their second language, and 1 billion are in the process of learning it and about one third of the global population are affected by it one way or the other. By the year 2050 it is forecasted that around a half of the world will be able to communicate properly in English. (Pennycook A. 1994) English is on its way to become a dominant global language. The language has developed to become the language of use in international trade, international science conferences, and global politics. The predominant usage of English has gone further to affect international and regional organizations such as World Bank, European Union, and other multinational companies. (Brutt-Griffler, J. 2002) English dominance originated from political suppression and economical manipulation by Britain and United States. Some policies of international organization such as World Bank have served to propagate the dominance of English in developing countries (Keal, P 1983). However, the most important factor that has led English to become such a globally spoken language is the emergence of United States of America as a ‘world super power’ a nation that uses English as its major language of communication. (Brutt-Griffler, J. 2002). Since the United States and Britain dominate in the international organizations such as World Bank, World Health Organization (WHO), United Nations (UN), World Trade Organization (WTO) and so on, this has influenced such worldwide entities to use English as a major language of communication. ((Brutt-Griffler, J. 2002) The use of English as the dominant language in these organizations has generated enormous benefits especially in the ease of operation. However it has not been smooth sailing has a myriad of controversies have continued to emerge because of the same dominance. (Keal, P 1983). â€Å"Linguistic dominance has its origins in conquest, military and political subjugation, and economic exploitation. The role of language in imperial expansion has been a central element of the europeanisation of the world† (Robert P) This view has continued to emerge in many forums where most nations (especially the non-English speaking) have constantly objected to the dominance of English because it has been seen as a way of â€Å"Europeanizing† others. (Robert P) The purpose of this paper is to critically analyze both the benefits and costs with the purpose of establishing the direction the organizations are likely to take in this thorny and controversial issue. Benefits of English language in International organizations Communication This is perhaps the greatest benefit that the domination of English has brought to almost all world bodies. Having one language as a â€Å"lingua franca† facilitates or breaks down the communication barriers. (Gary C) Members of such bodies like the United Nation, the World Bank are able to communicate easily despite the fact that they come from different countries and cultural backgrounds. In fact most delegates of European Union and common wealth are able to speak English as their second language. What this means is that a Chinese is able to communicate effectively with a German national despite their cultural differences. (Edwards, J 1985). Because of globalization, there has come a need for faster communication tools and processes. Internet has played a significant role in speeding up the globalization phenomena because it is very fast and inexpensive. (UNESCO) The language that has dominated most of the Internet use is English slated at approximately 80% usage on the websites. This has enabled most of the international organization’s develop communication channels via the Internet that eases the mode and the cost of communication. The organizations have been able to implement most of their programs within specified period across the globe. (UNESCO) Up to 700,000,000 people speak English language across the globe, what this means is that almost all countries of the world have a sizeable number of people who are able to communicate in English. This makes it easier for the International organizations to operate and find employees in the respective countries, thereby lowering their payroll budgets because they do not have to employ expatriates who are normally very expensive to retain. A good example is the United Nations Environmental Program (UNEP) that is located in Kenya, Africa. The local citizens here speak English as the second language, and are competent in its use. (Martinez Cobo 1984). The organization has not had any problem in recruiting locally thereby saving a lot in the payroll budget. Fostering global peace The ability of many United Nations mediators to communicate in English coupled with the increased usage of English in many states of the world has enabled conflicts that arise between various states to be solved efficiently. In addition, many English speaking nations especially the members of the Common Wealth are able to establish strong diplomatic relationships with ease since language has not been a barrier. (Maurais J. Morris, M. A. 2003) Facilitating international business English as an international business language has facilitated commercial transactions among the member states of European Union, Common Wealth, and Association Of South East Asian Countries. This is more evident in the software market whereby many soft wares have been produced in English language. (Rudby, R. Saraceni, M. 2006) A good example of a country that can attest to the advantages of knowing how to speak in English is India. It has reaped enormous benefits in the global market from its citizen’s competence on spoken English. According to Rudby and Saraceni this has prompted nations like China to encourage its citizens to learn English language. Currently China has the largest number of people studying English and has made English compulsory from third grade. (Rudby, R. Saraceni, M. 2006) Sharing of information and ideas It is a requirement for scientists from different parts of the world to publish their findings in English language and thereby enabling any English speakers to be able to access a wide range of information from various experts and from different part of then world. Some scientists are also able to use these published reports as valuable inputs to their researches. Empowers the United Nations to address various problems in the world Enhanced communication resulting from the common usage of English by many countries of united nation has enabled such countries to put across their valuable contribution in solving current global issues like terrorism, famine and diseases. (Rudby R. Saraceni, M. 2006) Pre- dominance of English in Common Wealth countries enable the member countries to adopt policies geared towards ensuring efficient delivery of aid and other humanitarian services across the globe. (Rudby R. Saraceni, M. 2006) Negative effects of English dominance It has contributed to conflicts in the European Union Having a single language seems to be the most ideal and efficient solutions for the European Union but many members who do not come from Anglophone communities find such arrangement unacceptable. Current the language policy in the European Union grants every language an equal status whereby any language can be used to conduct meetings and translations are provided for other language speakers. (Robert P) However there is a provision to the extent that â€Å"the institution especially the preparatory committee of European Union may stipulate in their own rules of procedure which of the language to be used in each specific cases. † (Robert P) This has served to encourage some languages to become more dominant than others especially English which is frequently chosen in such situations. This has led members of major language speakers like French and German to fiercely protest fearing that their international status of their languages may be lowered. (Martinez Cobo 1984). There is also a growing concern among the non -English members of the European Union that English dominance is crossing over the boundaries of international organization to entrench itself to education and other sectors of the other countries. (Mary K. Flynn). Germany has been the most affected whereby English has became a general subject in primary schools of many states and has grown into official language of many companies and firms together with Germany. This has consequently resulted to a diminished status of the German language and criticism that imposing English as the first language to all pupils is against the concept of promoting cultural diversity in them. (Mary K. Flynn).

Risk Due To The Availability Of Resources Construction Essay

Risk Due To The Availability Of Resources Construction Essay Risks are involved in all stage of the construction project. The construction risks will arise within the contract period and it may cause the Contractors failure to keep within the cost budget, failure to complete the work within the completion date and failure to achieve the quality requirement of work (Flanagan and Norman, 1993, p.8) ². The Contractors have the responsibilities to bear for the risks that arise during the construction period (Flanagan and Norman, 1993, p.183) ². Once the contract has been signed, the contractors have the responsibility to perform the project either the project is continue for better or for worse until the project is completed (Sayers, 1997, p.1) ³. Consequently, the Contractors cannot simply tender for a project without consider those risk that involved in the project. As a result of not recognized the risks, it may cause the Contractors to lose money or become bankrupt. The risk has the capacity of eroding profit and moving the project from a profit making into a loss-making venture. A Contractor can make a profit or loss at the end of the project is depending in how accurately the risks have been assessed. Thus, the Contractors have to consider the risk factors that involved in the project in order to make a decision on whether or not to tender the project. The tender price will be influence by the risk factors. The construction risks will cause the estimated tender sum difference with the actual cost of project. Therefore, during tendering for a project, a Contractor has to consider the risks factors that may occur during the construction stage in order to ensure they have the capability to carry out the work and making a profit margin at the end of the project. 1.2 Aim and Objectives This study aim is to understand the importance of managing the risks during tender stage. In order to achieve the aim, the following objectives are conducted to support the aim:- To determine the construction risk that may occur within the contract period that faced by the Contractors. To illustrate the consequence of the risk where the risks does not be managed at the tender stage. To identify the approach of managing the risk that faced by the Contractor. 1.3 Background Risk are involved in the all stage of a construction project due to the construction process period are long, the process are complicated, and costly. A risk can be managed, reduced, transferred, shared, and accepted, but it cannot be ignored (Dallas, 2008, p. 5) ¹. Moreover, the risk has an impact over the construction objectives which in term of cost, time, quality, safety and health and environmental (Flanagan and Norman, 1993, p.8) ². Thus, before the Contractors are going to tender for a project, they have to identified all the risk that face by him to measure the impact that against by him. In order to dealing with the risks, a risk management processes are recognized as a systems process which assists the Contractors to manage the construction risks. Risk management is one of the systematic ways to manage the risk or unwanted event which influence the outcome of the project. According to Smith et al. (2006, p.2)à ¢Ã‚ Ã‚ ´, undertaken a risk management process in tender s tage can assist the Contractors to minimize the impact of the risk and making a better decision over the risk. By conducted the risk management process, it can assist the Contractors have the better understanding over the risks or problem. The risks will involve in each of the tender stage. During the estimating process, the risks factors will influence the tender price. The estimators have to ensure the risks are well pricing into the tender price. Consequently, the risk management process has to be conducted in the tender stage due to the risk management process can assist to make right decision over project. 1.4 Scope of study This study is focus on how the Malaysian private Contractor managing the risk before signed the contract for a project. The area of research is focus on Malaysian private Contractor. The scopes of this study including finding out the different type of the construction risk which may occur within the contract period and the consequence of those risk against the Contractor. A suitable approach of managing the construction must be provided in order to identify, analyze and response those risks. The questionnaire survey will conducted in order to enhance this study. This study will only focus on the group of the Malaysian private Contractor. 1.5 Research Methodology In this research, the main research methods used to complete this research are the literature review and data collection through the questionnaire survey which among the Malaysian private Contractors. The literature reviews in this research are conducted to support the objectives of this study. The resources of the literature review are from the books, journal articles, and internet sources. In order to achieve the objectives of this study, the literature review has focusing on the potential construction risk that encountered by the private Contractor, the effect to the construction against the Contractor and the approach of managing the construction risk that are required to carry out by the Contractor. Furthermore, the questionnaire survey will conducted among Malaysian private Contractor to enhance this study and achieve the objectives of this study. The questionnaire survey sent to the Contractor through either by hand, email and post. The main purpose of conduct the questionnaire survey is to obtain the information from the focusing groups of Malaysian private Contractors in order to investigate the construction risk that faced by them, the effect of construction risk among them and how the Contractor manage the construction risk. After the collected data from the questionnaire survey has been collected, then the collected data will be summarizing, arranging and analyzing by using the SPSS software. Moreover, a clear interpretation of the result will be conducted to support this study. 1.6 Structure of the Dissertation This study contains of 5 chapters and each of the chapter had summarizing as follows: Chapter 1: Introduction This chapter highlights the main reason that the Contractors have to carry out risk management during the tender stage. The aim and objectives and background of this study has determined in this chapter. Chapter 2: Literature Review This chapter discussed on the potential risk that encountered by the Contractor, the consequence of construction risk against the Contractor, importance of managed risk in tender stage, and the approach of manage the risk in tender stage and construction stage. Chapter 3: Research Methodology and Questionnaire Structuring This chapter identified the method and material that used in this study. The research method of this study will be well interpreted in this chapter. Chapter 4: Data Analysis This chapter summarized, arranged and analyzed the collected data and conduct a clearly interpretation on the result of the collected data. Chapter 5: Conclusion This chapter summarized the outline and the finding of this study, and recommend on this study for future research. ` 1.7 Reference Dallas, M. F. 2006. Value and risk management: A guide to best practice. UK: Blackwell. p.5. Flanagan, R and Norman, G. 1993. Risk management and construction. London: Blackwell. p.8, 183. Sayers, P. 1997. Competitive tendering, management and reality: Achieving value for money. London: E Fn Spon. p.1. Smith, N.J., Merna, T. and Joling, P. 1999. Managing risk in construction project. Oxford: Blackwell Science. p.2. CHAPTER 2: LITERATURE REVIEW 2.1 Overview of various type of risks in construction project that faced by Contractors This chapter discussed on the potential risk that may occur during the contract period. The definition of risk and the various types of the risks and its consequence over the project will be discussed on this chapter. 2.1.1 Definition of risks Risks that involved in the construction project can be described as the probability of occur something or occur some unwanted or unfavorable event which that will has an impact over the project (Mostata Ghadak Zadeh, 2010, p.9). Flanagan and Norman (1993, p.8) emphasized that, risk is an uncertain event the may cause a construction project failure to keep within the objective of project which in term of cost, time, quality, safety and environmental sustainability. Moreover, Begum Ongel (2009) stated that, risks can be described as the unforeseen event that might be occur in the future and may have negative consequences over the project objectives. The construction risk can be described as an uncertainty or probability of occurrence of something that has an impact over the project outcome as shown as Figure 2.1. Figure 2.1: The Concept of the risk (Source: Merna and A-Thani, 2008, p.8) Merna and A-Thani (2008, p.13) suggested that, the risk can be described into 3 categorized:- Known risk- The known risk can be described as the risks that happen every day on construction industry. Basically, the known risk will be the variation work and the inflation in construction resource costs. Those known risk will cause the additional work needed to be carry out and delay for the work. If the known risk has happen in the construction stage, then those work will usually covered by the contingency sum of the contract. Known unknowns- The known unknowns are the risk event that can be predicted or foreseen. The effect of the known unknowns and their probability of occurrence will be easily to be known. Unknown unknowns- The unknown unknowns are the risk that cannot easily be predicted. Generally, those events that cannot be easily foreseen are the force majeure event. 2.1.2 Type of risk in tender stage According to Odeyinka et al (2006), the risk sources in the construction industry that are occur during the tender stage are including the estimating risks, design risks, tender evaluation risks and the competitive tendering risks. Moreover, Cooke and Williams (2009, p.123) mentioned that, the risk factors that require to consider by the Contractors during the tender stage are including the tender risks, quantity risks, subcontractors risks, design risks, programme schedule risks, method risks, health and safety risks, and documentation risks. 2.1.2.1 Design risks Poor design can cause the Contractors bid be influenced and affecting the ability to win the project. The Contractors have the responsibility for the quality of work. 2.1.2.2 Estimating error risks During the preparation of the tender price, the estimators may estimate wrongly or make some mistake on quantities of the work. Thus, this will influence the accuracy of the tender price. According to Cooke and Williams (2009, p.123), the Contractors are require to assess the accuracy of the quantities in the bills of quantities. In case of the quantity error is done in the bills, the Contractors have to accept the error and bear for the losses after the contract award to the Contractors. 2.1.2.3 Competitive tendering risks In traditional tender process, the tender will awarded by the lowest bidder. Many of the Contractors will try to lower down the tender price in order to winning the bid. In this case, the Contractors may not have sufficient resource to complete or carry out the work. Consequently, lose the profit margin. 2.1.2.4 Documentation risks According to Cooke and Williams (2009, p.125), clarity of tender documentation is important. The Contractors requires referring the tender documentation such as the drawing and specification carefully in order to price accurately. Cooke and Williams (2009, p.125) stated that, the Contractors require to refer to the tender documentation very carefully in order to assess implication of onerous contract term, clauses deleted from standard contracts, high levels of liquidated damages, unrealistic contract period, possible innovation of the design and contract bonds and guarantees required. 2.1.2.5 Method risks The Contractors choice of construction method is one of the important decisions during the tender stage. Cooke and Williams (2009, p.125) mentioned that, the Contractors choice of construction method can win the contract but it may cause risks over the project. One of the example is that the type of the earthwork support required may be require more expensive earthwork support to support the foundation in case of week site condition. 2.1.2.6 Subcontractors risks 2.1.2.7 Health and safety risks 2.1.3 Type of risks in construction stage The construction risks are the risks that occur during the construction stage. According to Nafisah Binti Abdul Rahiman (2006, p.24), the construction risks are the unforeseen or unwanted events that occur within the construction period. Flanagan and Norman (1993, p.) stated that, the risk are involved in the construction project due to the construction activities process are taken long duration, complicated, influenced by environment factor and costly. According to Boussabaine and Richard (2004, p.180), the construction risks has an affect the over the cost, time and work quality of the project. During the construction stage, the Contractors have the responsibility to bear for the risk. Thus, the Contractors are requiring focusing on the construction risk that may face by them in order to reduce the effect against them. Boussabaine and Richard (2004, pp.181-184) mentioned that, the construction risks that face by the Contractors during the construction period are including the avail ability of resources risks, industrial disruption risks, productivity of labour and plant and machinery risks, safety and health risks, performance of subcontractor risks, poor workmanship risks, schedule programme accuracy risks, capability of the contractors risks, materials or components risks, site condition risks, unfavorable weather conditions risks, quantities of work risks, price inflation risks and etc. 2.1.3.1 Risk due to the availability of resources The availability of material, labour and plant and machinery will influence the construction cost be increased. The price of the material, labour and plant and machinery are expensive in the condition of those resources are not readily available in the area of the construction site. It may require the extra transportation fees to deliver the material and plant and machinery to the construction site. Moreover, when the certain labour is not readily available in the area of the construction site, it may require employing them from an area where such labour is available. 2.1.3.2 Risk due to industrial disruption The industrial disruption risk may occur due to the strike action among the labour. The strike event may occur when the labour is unwilling to follow any matter that instruct by the Contractor. In this case, the construction work will be delayed and cannot be completed within the completed date. Consequently, the Contractors suffer the losses of paying for the cost to settle down the strike event and pay the liquidated damage over the delayed work. 2.1.3.3 Risk due to the productivity of labour and plant and machinery The productivity of labour and plant and machinery is important due to it may caused the work be delayed. The Contractors can provide the training for the labour to increase labours productivity and provide adequate maintenance for the plant and machinery to ensure the plant and machinery operate efficiently. 2.1.3.4 Risk due to safety and health The safety and health risk will occur due to the impact of hazards which involved in construction site. Risk of accidents is occurring during the construction period and that cause the personal injury. The Contractors are required to compensate for the labour in case of the labour are injured during carry out the construction work. The Contractor has the responsibility to ensure the construction site is safety. Consequently, the Contractors have to comply with the Occupational Safety and Health Act in order to reduce the accident risk during the construction stage. 2.1.3.5 Risk due to the subcontractors coordination In case of the subcontractors are fail to coordinate the work plan correctly, it can lead to work be delayed and cost be overrun. Moreover, the specialist subcontractors work can account a high percentage of the overall capital cost. Thereby, the effect of the specialist subcontractors are fail to coordinate the work on the overall project is of a greater magnitude. 2.1.3.6 Risk due to poor workmanship The poor workmanship can cause the quality of construction work is not meet with the standard requirement. A Contractor has the responsibilities to ensure the construction work is meet and according to the contract requirement. In case of the quality of work are not meet with the standard requirement, the Contractors may require to reconstruct the work and to rectify the work by his own cost. 2.1.3.7 Risk due to project programme accuracy Sometime the process of the actual work will not keep within project schedule and plan. Failure on scheduling the time, unforeseen delay in material delivery, plant and labour availability will lead to cost overruns and work be delayed. 2.1.3.8 Risk due to capability of the contractors The Contractors have to ensure he has sufficient capital and resource in order to carry out the work. The Contractors must consider the size of the project in order to ensure that he has sufficient resource to carry out the work of the project. Besides, the Contractor must ensure that the type of project is the work that he has the experience and he has performed the similar type of work in the past. This is to ensure the Contractors can carry out the project successfully. 2.1.3.9 Risk due to the materials or components The Contractors have the responsibilities to ensure the works meet with the quality requirement. Failure in maintain the components of the work can lead to expensive maintenance cost. Thus, the Contractors have to ensure the quality of the material and be careful on selecting the material. 2.1.3.10 Risk due to differing site condition Sometime the actual site condition may different with the expectation condition. The type of the earthwork support may require support by an expensive foundation as the ground condition of site is weak. An investigation of the site condition should be conducted in order to reduce the differing site condition risks. 2.1.3.11 Risk due to unfavorable weather conditions Weather is an unforeseen risk during the construction period and it will cause delay of work. Moreover, the adverse weather will damage the components and element in the construction site. Thus, the Contractors should provide regular updates of weather in order to ensure the work plan can be altered due to the adverse weather condition can interrupt the work programme. 2.1.3.12 Risk due to quantities of work The Contractors has to bear for the loss due to the quantity in the bill of quantities is not accuracy. It will cause the construction cost and time overrun if the quantity work is subsequently reduce (Cooke and Williams, 2009, p.123). Moreover, the differences between the actual and planned work will lead to cost and time be overrun. 2.1.3.13 Price inflation risks The price inflation is means a persistent rise in the price of the construction resources such as the cost of material, transportation fees, cost of labour and cost of plant or machineries. The inflation on the price of construction resources is difficult to forecasting. During the recession, the price of resources may be increased and this may cause that the Contractors to losses a lot of money. 2.1.3.14 Design risks The design risks are the risks that involved in a concept design or a detailed. According to Jackson (2010, p. 313), the Contractors are responsible for the design and in those cases it is critically important that design risks are given serious review and consideration in the overall risk mitigation plan. The design risks may influence the Contractors ability to construct the project on time, within budget, and within the quality requirement. To continue with Jackson (2010, p. 314), the design risks that may faced by the Contractors are including the followings:- Poor quality and inadequate of the design drawing or specifications The information and detail of drawing and specification that needed to construct the construction works are not completed, inaccurate, or unavailable. The Contractors are require to obtain the drawing or information from the Architect, thus, delay on work be occurred. Noncompliance with the design standard The design of the project does not meet with the standard requirement, building code or the other regulations. In case of the Contractors are build according to the design the not meet with the standard requirement, building code or the other regulations, it may cause the Contractors fail to keep within the quality of the works. Changes in design standard or regulation requirement The regulatory requirement in place at the commencing of the project may change during construction stage. Variation on design The Client changes the design during the construction stage. The contractors are require extra time carry out the variation work, thus, delay on time. Inaccuracies associated with supplemental design information. The information of the soil report, environmental report and etc that provide by the Architect to the Contractors is not accurate. Latent design defects affecting Contractors warranty Defective design details that result in flawed construction after occupancy of the facility such as a roof flashing leaks because of poor design. Jackson (2010, p.314) stated that, The Contractors are require to do some background investigation about the Architect and Engineer before tender the project which in case of the Contractors not familiar with the Architect or the Engineer who designed the project. This is to ensure that the quality of works that the Architect or Engineer produces in order to reduce the design risks. 2.1.3.15 Political risks According to Jackson (2010, p.317), the political risks can be described as third-party risks which the Contractors are usually have least amount of control over it. Although the Contractors are aware that the political risks are exist, but there is no ways to accurately predict how various jurisdictions and agencies will act. Contractors are required try to anticipate the political risks that may affect the ability to fulfill the expected contract requirement before submit a bid. According to Jackson (2010, p.317), the political that involved in the construction project are including the followings:- Changes in law Change in sales tax or other tax structures that increase in sales or use taxes will impact material costs Constraints on the accessibility and employment of expatriate staff 2.1.3.16 Environmental risks Environmental risk is an important issue that the Contractors are requires to concerns due to it may influence the cost and time of the construction project. The material and chemicals that used at the construction project may cause the pollution over the surrounding area. Moreover, the environmental risks are the risks that the Contractors have less control over it. According to Jackson (2010, p. 319), the environmental issues that can influence Contractors budget and schedule planning which are including the followings:- Environmental permits and approvals The environmental permits and approval are cannot be getting on the planned time due to the environmental permits and approvals are delayed or require more time to negotiate than expected. Hazardous materials or site contamination The unknown hazardous materials or site contaminates be found after the construction work has commenced. Archeological findings The unknown artifacts are founded or an unknown burial site or cemetery is unearthed during the construction period, that may requiring the construction work to stop. Endangered species The project has known or unknown endangered species sightings that will require protection and special care during construction. Wetlands, coastal protection or flood plain issues Wetlands, coastlines or flood plain are require the special protection, thus can influence the construction approach. According to Osborn and Schreyer (1988, p.1), before the construction project commencing, the Contractors are require to appreciate the potential for additional costs due to the existence of hazardous substances and other environment concerns. 2.1.3.17 Financial risks According to Jackson (2010, p.317), the financial risks can be described as the risks that associated with the Contractors own financial position. The Contractors are required to maintain sufficient working during project execution, thus the financial standing of the Contractors are require be good. The financing risks that faced by the Contractors are including the followings:- Contractors cash flow In case of the Contractors have insufficient of the credit can cause delays in supplying the material, late payment to subcontractor. It may cause the construction work be delayed and the subcontractor not willing to carry out the work. Interest rate increases In case of the borrowing money from bank by the Contractors to fund the project, once the interest rate is increased it would have an adverse effect on the project. Insufficient Client funds If the Clients is unable to make payment on time to the Contractors, then it will causing the Contractors do not have sufficient cash flow to fund the project. Subcontractor or supplier bankruptcy In case of the bankruptcy of the subcontractors or suppliers, the Contractors are requiring to hire another subcontractors or suppliers to take over the job. Thus, it may cause delays, cost overruns for the project. 2.2 The importance of managing risk in tender stage This chapter discussed the various reasons for the Contractor to managing the risk in the early stage of the project which at the tender stage and the consequences of the risks that against the Contractors. 2.2.1 Why should the risk be managed at the tender stage According to Boyce (2003, p.6), during the tender stage, a risk management should be undertaken in order to look at the potential problem on preparing an attractive bid on time, to winning the project, and to consider whether or not the project can be completed successfully. By providing the risk management process during the tender stage, the potential risk and problem can be identified and forecasted. Thus, a mitigation risk plan can be conducted to avoid and reduce arise during the construction stage. A risk management process has to provide at the tender stage which when there is still has a possibility for fundamental changes of any decision (Anna Klemetti, 2006, p.24). To tender for a contract will costs a lot of money and therefore the Contractors cannot simply accept to bid a contract without consider of any risk factors and profit potential in the project (Cooke and Williams, 2004). Boussabaine and Richard (2004, p. 181) emphasized that, the Contractors has to bears and take on the risk that occur during the construction stage. Thus, this is important for the Contractors to aware of all the construction risks that faced by him before the contract is being signed. The main objectives of the construction project will likely to be influence by the construction risk (Smith et al., 2006, p.2). The risks will cause the Contractors failure to keep within the cost budget, failure to complete the work within the completion date and failure to achieve the quality requirement of work (Flanagan and Norman, 1993, p.8).As a result of this, the Contractors need to recognize the risk involved in the project and manage the risks at tender stage in order to ensure the objectives of the project are achieved over the contract period. Moreover, the Contractors have to make the right decision on whether or not to tender the project. Once the contract was signed, the Contractors have to bear for all risk that involved the project until the project is completed (Sayers, 1997, p.1). The Contractors will face two risks during they tender for the project which are the risk of losing the project and the risk of winning the project (Boyce, 2003, p.9). Once the Contractors have winning the project, the Contractors have started to perform the contract. In case of awarded a project that is difficult to be completed or managed, it may cause the Contractors suffer for losing their financial or reputation (Boyce, 2003, p.9). According to Smith et al. (2006, p.94), the risk management process can help the Contractors to concern on the decision of to or not to bid for the project. Consequently, the decision that make by the Contractors are very important due to the risks may cause the Contractors to lose money or become bankrupt. During preparation of the tender price, the risk will influence the accuracy of the tender sum. The estimating risk can cause the Contractors to lose money or become bankrupt in case of the tender price was pricing wrong. The risk has the capacity of eroding profit and moving the project from a profit making into a loss-making venture. A Contractor can make a profit or loss at the end of the project is depending in how accurately the risks have been assessed. Smith et al. (2006, p.2) mentioned that, the risk management provides a better reviewing, understood, consideration over the project issues. To continues with Smith et al. (2006, p.94), a lack of understanding the risk may cause the Contractors pricing the tender price wrongly and as a result of this the additional cost will required to pay by the Contractors. Smith et al. (2006, p.193) suggested that, the risk management is used in the project due to it provide the following benefits:- To assist Contractors to aware of the risk that involved in the project and impact of the risks. Thus, the Contractors can focus on minimizing the risk or try to allocate risks to the other parties. To assist the Contractors to provide better decision over the potential risks or problem. To provides a better understanding of the risks or problem. To provide a better understanding over the project detail. This may assists Contractors to provide the realistic plan in term of programme schedule and cost estimate. To gives knowledge of the risk in projects. This may allow assessment of contingencies that actually reflect the risks and also tend to discourage the acceptance of financially unsound project. To provide the better management over the major risks that involved in the project. According to Burtonshaw-Gunn (2009, p.21), the risk management can assist the Contractor on the following:- To plan and taken necessary action to reduce the risk before the risk has been occur and assist the Co

Danger and NASCAR Essay examples -- Racing Death Essays

Danger and NASCAR â€Å"I had never even heard of Dale Earnhardt until he crashed into eternity, but now here I am writing a column about him† (King, 64). This reaction, recorded by Florence King in National Review, seems to be a common one since Earnhardt’s death in the Daytona 500. Dale Earnhardt was a driver in the Winston Cup circuit for the National Association of Stock Car Auto Racing (NASCAR). Despite the fact that he is arguably the most popular NASCAR driver, many people did not know who he was until he died. It is sad to realize that sometimes it takes death to become recognized. However, Dale is not the only NASCAR driver who is becoming known from his death. In a span of nine months, Tony Roper, Adam Petty, Kenny Irwin, and Earnhardt himself all have died on three different racetracks (Hinton, 133). NASCAR is focusing on the pressing issue of how to make racing as safe as possible, while remaining competitive. Some of this deals with learning from thes e deaths. All sports have risks. Unfortunately, sometimes we learn most from our mistakes. NASCAR is learning, and changing. Despite the fact that NASCAR (National Association of Stock Car Auto Racing) has a $1.7 billion, 8-year deal (Hinton, 135) with Fox, it actually had very humble beginnings. Many debate the very beginnings of racing itself. Richard Petty, a 200 race winner nicknamed â€Å"The King,† once joked, â€Å"It was the day they built the second automobile† (Menzer, 57). NASCAR actually began with a bunch of â€Å"Good Ol’ Boys† from down south. Many of the original drivers were moonshine runners, transporting illegal whiskey to lots of places in the southeast. NASCAR â€Å"was born on December 14, 1947, during a meeting of thirty-f... ... June, 2001. Hunter, Don & Pearce, Al. The Illustrated History of Stock Car Racing. Osceola, WI: MBI Publishing Company, 1998. King, Florence. "The Misanthrope's Corner." National Review. 2 April, 2001: 64. McCormick, Steve: About.com. 27 Aug. 2001. 26 October 2001. http://nascar.about.com/library/weekly/aa082701a.htm Menzer, Joe. The Wildest Ride: A History of NASCAR. New York: Simon & Schuster, 2001. "NASCAR considers safety rules for super tracks." The Goshen News 24 Oct. 2001: B-2. "NASCAR Safety is the Issue." Advertising Age 72.9 (2/26/01): 28. Academic Search Elite. Palni Site Search. Goshen College Good Library. 25 October, 2001. Spencer, Lee. "NASCAR is Facing Pressure to Get up to Speed." Sporting News. 225.7 (2/12/01): 22. Academic Search Elite. Palni Site Search. Goshen College Good Library. 25 October, 2001.

Technology vs Organic Essay -- Agricultural Research

Humanity’s timeline illustrates the past, present and future of human beings; commencing nearly 200,000 years ago when Homo sapiens first diverged from its ancestors (Evans,1998). For the next 188,000 years humans were content to forge and live within the constructs of a hunter-gatherer societal organization. Approximately 12,000 years ago agricultural systems began appearing in various places around the world. An astonishingly short period of time later the Agricultural Revolution transformed human ecology, social organization, demography, culture, and religion (Fagan: 2007). Man wholeheartedly embraced the sweeping changes bought on by agriculture and domestication, which definitely proved key to the long run success of agriculture and domestication as a primary method of procuring sustenance. Despite a rapidly changing world, basic and primal human nature and desire remain utterly unchanged. The most fundamental of these challenges is the establishment of an adequate supply of food. The modern food infrastructure employed by contemporary society is rooted in the creation and innovation of food production. Its effective utilization decreases the level of societal labor contribution required and discourages food shortage trepidation amongst individuals. It is hard to fathom given the current status of our society massive agricultural-industrial complex that the hunter-gatherer organization of society dominated for more than 99 percent of our existence (Fagan: 2007). The hunter-gatherer population was characterized by their primary subsistence method, which involved the direct procurement of edible plants and animals from the wild. The primary methods employed were foraging and hunting, which were conducted without any sig... ...y 22.New challenges in food preservation. (2011): 121-126. ScienceDirect. Web. 4 May 2012. Paarlberg, Robert. "The Ethics Of Modern Agriculture." Society 46.1 (2009): 4. MasterFILE Premier. Web. 4 May 2012. Evans, L. T. (1998). Feeding the Ten Billion (Cambridge: Cambridge University Press). Fagan, Brian M. June 2007 World Prehistory: A Brief Introduction. Chapter 5: The Origins of Food Production. Prentice Hall. University of California: Santa Barbara. Pg 126, 129, 132, 132-133, 133, 133-134, 136-137, 137-138, 138 Pringle, Heather November 1998 Science Neolithic Agriculture: The Slow Birth of Agriculture. Vol. 282. No. 539: Pg. 1446 Porter, J., & Rasmussen, J. (2009). Agriculture and Technology. En B. J. Olsen, S. A. Pedersen, & V. Hendricks, A Companion to the Philosophy of Technology (pà ¡gs. 285-289). Oxford: Wiley-Blackwell

Is Of mice and men a pessimistic story? Essay -- English Literature

Is Of mice and men a pessimistic story? Of mice and men is a great novel. It covers many points, racism, sexism, the depression and a lot of others. To some people the novel is an optimistic story to others it is pessimistic. But which is it really? "Of mice and men" covers a lot of points; the depression with people going from job to job wandering and not getting a long-term job. Lennie and George go from job to job starting from the town, weed and then going to the new ranch. They did not like it there and they were going to leave in a few months to go to a new place. Candy even says to George that you really are here to work then, we have a lot of people come in on the Saturday get their meal and bed until Sunday and then go. This is an example of the depression, candy s...

Pacem in Terris Essay

1. Almost forty years ago, on Holy Thursday, 11 April 1963, Pope John XXIII published his epic Encyclical Letter Pacem in Terris. Addressing himself to â€Å"all men of good will†, my venerable predecessor, who would die just two months later, summed up his message of â€Å"peace on earth† in the first sentence of the Encyclical: â€Å"Peace on earth, which all men of every era have most eagerly yearned for, can be firmly established and sustained only if the order laid down by God be dutifully observed† (Introduction: AAS, 55 [1963], 257). Speaking peace to a divided world 2. The world to which John XXIII wrote was then in a profound state of disorder. The twentieth century had begun with great expectations for progress. Yet within sixty years, that same century had produced two World Wars, devastating totalitarian systems, untold human suffering, and the greatest persecution of the Church in history. Only two years before Pacem in Terris, in 1961, the Berlin Wall had been erected in order to divide and set against each other not only two parts of that City but two ways of understanding and building the earthly city. On one side and the other of the Wall, life was to follow different patterns, dictated by antithetical rules, in a climate of mutual suspicion and mistrust. Both as a world-view and in real life, that Wall traversed the whole of humanity and penetrated people’s hearts and minds, creating divisions that seemed destined to last indefinitely. Moreover, just six months before the Encyclical, and just as the Second Vatican Council was opening in Rome, the world had come to the brink of a nuclear war during the Cuban Missile Crisis. The road to a world of peace, justice and freedom seemed blocked. Humanity, many believed, was condemned to live indefinitely in that precarious condition of â€Å"cold war†, hoping against hope that neither an act of aggression nor an accident would trigger the worst war in human history. Available atomic arsenals meant that such a war would have imperiled the very future of the human race. 3. Pope John XXIII did not agree with those who claimed that peace was impossible. With his Encyclical, peace – in all its demanding truth – came knocking on both sides of the Wall and of all the other dividing walls. The Encyclical spoke to everyone of their belonging to the one human family, and shone a light on the shared aspiration of people everywhere to live in security, justice and hope for the future. With the profound intuition that characterized him, John XXIII identified the essential conditions for peace in four precise requirements of the human spirit: truth, justice, love and freedom (cf. ibid., I: l.c., 265-266). Truth will build peace if every individual sincerely acknowledges not only his rights, but also his own duties towards others. Justice will build peace if in practice everyone respects the rights of others and actually fulfils his duties towards them. Love will build peace if people feel the needs of others as their own and share what they have with others, especially the values of mind and spirit which they possess. Freedom will build peace and make it thrive if, in the choice of the means to that end, people act according to reason and assume responsibility for their own actions. Looking at the present and into the future with the eyes of faith and reason, Blessed John XXIII discerned deeper historical currents at work. Things were not always what they seemed on the surface. Despite wars and rumours of wars, something more was at work in human affairs, something that to the Pope looked like the promising beginning of a spiritual revolution. A new awareness of human dignity and inalienable human rights 4. Humanity, John XXIII wrote, had entered a new stage of its journey (cf. ibid., I: l.c., 267-269). The end of colonialism and the rise of newly independent States, the protection of workers’ rights, the new and welcome presence of women in public life, all testified to the fact that the human race was indeed entering a new phase of its history, one characterized by â€Å"the conviction that all men are equal by reason of their natural dignity† (ibid., I: l.c.,268). The Pope knew that that dignity was still being trampled upon in many parts of the world. Yet he was convinced that, despite the dramatic situation, the world was becoming increasingly conscious of certain spiritual values, and increasingly open to the meaning of those pillars of peace – truth, justice, love, and freedom (cf. ibid., I: l.c., 268-269). Seeking to bring these values into local, national and international life, men and women were becoming more aware that their relationship with God, the source of all good, must be the solid foundation and supreme criterion of their lives, as individuals and in society (cf. ibid.). This evolving spiritual intuition would, the Pope was convinced, have profound public and political consequences. Seeing the growth of awareness of human rights that was then emerging within nations and at the international level, Pope John XXIII caught the potential of this phenomenon and understood its singular power to change history. What was later to happen in central and eastern Europe would confirm his insight. The road to peace, he taught in the Encyclical, lay in the defence and promotion of basic human rights, which every human being enjoys, not as a benefit given by a different social class or conceded by the State but simply because of our humanity: â€Å"Any human society, if it is to be well-ordered and productive, must lay down as a foundation this principle, namely, that every human being is a person, that is, his nature is endowed with intelligence and free will. Indeed, precisely because he is a person he has rights and obligations, flowing directly and simultaneously from his very nature. And as these rights and obligations are universal and inviolable so they cannot in any way be surrendered† (ibid., 259). As history would soon show, this was not simply an abstract idea; it was an idea with profound consequences. Inspired by the conviction that every human being is equal in dignity, and that society therefore had to adapt its form to that conviction, human rights movements soon arose and gave concrete political expression to one of the great dynamics of contemporary history: the quest for freedom as an indispensable component of work for peace. Emerging in virtually every part of the world, these movements were instrumental in replacing dictatorial forms of government with more democratic and participatory ones. They demonstrated in practice that peace and progress could only be achieved by respecting the universal moral law written on the human heart (cf. John Paul II, Address to the United Nations General Assembly, 5 October 1995, No. 3). The universal common good 5. On another point too Pacem in Terris showed itself prophetic, as it looked to the next phase of the evolution of world politics. Because the world was becoming increasingly interdependent and global, the common good of humanity had to be worked out on the international plane. It was proper, Pope John XXIII taught, to speak of a â€Å"universal common good † (Pacem in Terris, IV: l.c., 292). One of the consequences of this evolution was the obvious need for a public authority, on the international level, with effective capacity to advance the universal common good; an authority which could not, the Pope immediately continued, be established by coercion but only by the consent of nations. Such a body would have to have as its fundamental objective the â€Å"recognition, respect, safeguarding, and promotion of the rights of the human person† (ibid., IV: l.c., 294). Not surprisingly therefore John XXIII looked with hope and expectation to the United Nations Organization, which had come into being on June 26, 1945. He saw that Organization as a credible instrument for maintaining and strengthening world peace, and he expressed particular appreciation of its 1948 Universal Declaration of Human Rights, which he considered â€Å"an approximation towards the establishment of a juridical and political organization of the world community† (ibid., IV: l.c., 295). What he was saying in fact was that the Declaration set out the moral foundations on which the evolution of a world characterized by order rather than disorder, and by dialogue rather than force, could proceed. He was suggesting that the vigorous defence of human rights by the United Nations Organization is the indispensable foundation for the development of that Organization’s capacity to promote and defend international security. Not only is it clear that Pope John XXIII’s vision of an effective international public authority at the service of human rights, freedom and peace has not yet been entirely achieved, but there is still in fact much hesitation in the international community about the obligation to respect and implement human rights. This duty touchesall fundamental rights, excluding that arbitrary picking and choosing which can lead to rationalizing forms of discrimination and injustice. Likewise, we are witnessing the emergence of an alarming gap between a series of new â€Å"rights† being promoted in advanced societies – the result of new prosperity and new technologies – and other more basic human rights still not being met, especially in situations of underdevelopment. I am thinking here for example about the right to food and drinkable water, to housing and security, to self-determination and independence – which are still far from being guaranteed and realized. Peace demands that this tension be speedily reduced and in time eliminated. Another observation needs to be made: the international community, which since 1948 has possessed a charter of the inalienable rights of the human person, has generally failed to insist sufficiently on corresponding duties. It is duty that establishes the limits within which rights must be contained in order not to become an exercise in arbitrariness. A greater awareness of universal human duties would greatly benefit the cause of peace, setting it on the moral basis of a shared recognition of an order in things which is not dependent on the will of any individual or group. A new international moral order 6. Nevertheless it remains true that, despite many difficulties and setbacks, significant progress has been made over the past forty years towards the implementation of Pope John’s noble vision. The fact that States throughout the world feel obliged to honour the idea of human rights shows how powerful are the tools of moral conviction and spiritual integrity, which proved so decisive in the revolution of conscience that made possible the 1989 non-violent revolution that displaced European communism. And although distorted notions of freedom as licence continue to threaten democracy and free societies, it is surely significant that, in the forty years since Pacem in Terris, much of the world has become more free, structures of dialogue and cooperation between nations have been strengthened, and the threat of a global nuclear war, which weighed so heavily on Pope John XXIII, has been effectively contained. Boldly, but with all humility, I would like to suggest that the Church’s fifteen-hundred-year-old teaching on peace as â€Å"tranquillitas ordinis – the tranquillity of order† as Saint Augustine called it (De Civitate Dei, 19, 13), which was brought to a new level of development forty years ago by Pacem in Terris, has a deep relevance for the world today, for the leaders of nations as well as for individuals. That there is serious disorder in world affairs is obvious. Thus the question to be faced remains: What kind of order can replace this disorder, so that men and women can live in freedom, justice, and security? And since the world, amid its disorder, continues nevertheless to be â€Å"ordered† and organized in various ways – economic, cultural, even political – there arises another equally urgent question: On what principles are these new forms of world order unfolding? These far-reaching questions suggest that the problem of order in world affairs, which is the problem of peace rightly understood, cannot be separated from issues of moral principle. This is another way of saying that the question of peace cannot be separated from the question of human dignity and human rights. That is one of the enduring truths taught by Pacem in Terris, which we would do well to remember and reflect upon on this fortieth anniversary. Is this not the time for all to work together for a new constitutional organization of the human family, truly capable of ensuring peace and harmony between peoples, as well as their integral development? But let there be no misunderstanding. This does not mean writing the constitution of a global super-State. Rather, it means continuing and deepening processes already in place to meet the almost universal demand for participatory ways of exercising political authority, even international political authority, and for transparency and accountability at every level of public life. With his confidence in the goodness he believed could be found in every human person, Pope John XXIII called the entire world to a nobler vision of public life and public authority, even as he boldly challenged the world to think beyond its present state of disorder to new forms of international order commensurate with human dignity. The bond between peace and truth 7. Against those who think of politics as a realm of necessity detached from morality and subject only to partisan interests, Pope John XXIII, in Pacem in Terris, outlined a truer picture of human reality and indicated the path to a better future for all. Precisely because human beings are created with the capacity for moral choice, no human activity takes place outside the sphere of moral judgment. Politics is a human activity; therefore, it too is subject to a distinctive form of moral scrutiny. This is also true of international politics. As the Pope wrote: â€Å"The same natural law that governs the life and conduct of individuals must also regulate the relations of political communities with one another† (Pacem in Terris, III: l.c., 279). Those who imagine that international public life takes place somewhere outside the realm of moral judgment need only reflect on the impact of human rights movements on the national and international politics of the twentieth century just concluded. These developments, anticipated by the teaching of the Encyclical, decisively refute the claim that international politics mustof necessity be a â€Å"free zone† in which the moral law holds no sway. Perhaps nowhere today is there a more obvious need for the correct use of political authority than in the dramatic situation of the Middle East and the Holy Land. Day after day, year after year, the cumulative effect of bitter mutual rejection and an unending chain of violence and retaliation have shattered every effort so far to engage in serious dialogue on the real issues involved. The volatility of the situation is compounded by the clash of interests among the members of the international community. Until those in positions of responsibility undergo a veritable revolution in the way they use their power and go about securing their peoples’ welfare, it is difficult to imagine how progress towards peace can be made. The fratricidal struggle that daily convulses the Holy Land and brings into conflict the forces shaping the immediate future of the Middle East shows clearly the need for men and women who, out of conviction, will implement policies firmly based on the principle of respect for human dignity and human rights. Such policies are incomparably more advantageous to everyone than the continuation of conflict. A start can be made on the basis of this truth, which is certainly more liberating than propaganda, especially when that propaganda serves to conceal inadmissible intentions. The premises of a lasting peace 8. There is an unbreakable bond between the work of peace and respect for truth. Honesty in the supply of information, equity in legal systems, openness in democratic procedures give citizens a sense of security, a readiness to settle controversies by peaceful means, and a desire for genuine and constructive dialogue, all of which constitute the true premises of a lasting peace. Political summits on the regional and international levels serve the cause of peace only if joint commitments are then honoured by each party. Otherwise these meetings risk becoming irrelevant and useless, with the result that people believe less and less in dialogue and trust more in the use of force as a way of resolving issues. The negative repercussions on peace resulting from commitments made and then not honoured must be carefully assessed by State and government leaders. Pacta sunt servanda, says the ancient maxim. If at all times commitments ought to be kept, promises made to the poor should be considered particularly binding. Especially frustrating for them is any breach of faith regarding promises which they see as vital to their well-being. In this respect, the failure to keep commitments in the sphere of aid to developing nations is a serious moral question and further highlights the injustice of the imbalances existing in the world. The suffering caused by poverty is compounded by the loss of trust. The end result is hopelessness. The existence of trust in international relations is a social capital of fundamental value. A culture of peace 9. In the end, peace is not essentially about structures but about people. Certain structures and mechanisms of peace – juridical, political, economic – are of course necessary and do exist, but they have been derived from nothing other than the accumulated wisdom and experience of innumerable gestures of peace made by men and women throughout history who have kept hope and have not given in to discouragement. Gestures of peace spring from the lives of people who foster peace first of all in their own hearts. They are the work of the heart and of reason in those who are peacemakers (cf. Mt 5:9). Gestures of peace are possible when people appreciate fully the community dimension of their lives, so that they grasp the meaning and consequences of events in their own communities and in the world. Gestures of peace create a tradition and a culture of peace. Religion has a vital role in fostering gestures of peace and in consolidating conditions for peace.It exercises this role all the more effectively if it concentrates on what is proper to it: attention to God, the fostering of universal brotherhood and the spreading of a culture of human solidarity. The Day of Prayer for Peacewhich I promoted in Assisi on 24 January 2002, involving representatives of many religions, had this purpose. It expressed a desire to nurture peace by spreading a spirituality and a culture of peace. The legacy of Pacem in Terris 10. Blessed Pope John XXIII was a man unafraid of the future. He was sustained in his optimism by his deep trust in God and in man, both of which grew out of the sturdy climate of faith in which he had grown up. Moved by his trust in Providence, even in what seemed like a permanent situation of conflict, he did not hesitate to summon the leaders of his time to a new vision of the world. This is the legacy that he left us. On this World Day of Peace 2003, let us all resolve to have his same outlook: trust in the merciful and compassionate God who calls us to brotherhood, and confidence in the men and women of our time because, like those of every other time, they bear the image of God in their souls. It is on this basis that we can hope to build a world of peace on earth. At the beginning of a new year in our human history, this is the hope that rises spontaneously from the depths of my heart: that in the spirit of every individual there may be a renewed dedication to the noble mission which Pacem in Terris proposed forty years ago to all men and women of good will. The task, which the Encyclical called â€Å"immense†, is that â€Å"of establishing new relationships in human society, under the sway and guidance of truth, justice, love, and freedom†. Pope John indicated that he was referring to â€Å"relations between individual citizens, between citizens and their respective States, between States, and finally between individuals, families, intermediate associations and States on the one hand, and the world community on the other†. He concluded by saying that â€Å"to bring about true peace in accordance with divinely established order† was a â€Å"most noble task† (Pacem in Terris, V: l.c., 301-302).. The fortieth anniversary of Pacem in Terris is an apt occasion to return to Pope John XXIII’s prophetic teaching. Catholic communities will know how to celebrate this anniversary during the year with initiatives which, I hope, will have an ecumenical and interreligious character and be open to all those who have a heartfelt desire â€Å"to break through the barriers which divide them, to strengthen the bonds of mutual love, to learn to understand one another and to pardon those who have done them wrong† (l.c., 304). I accompany this hope with a prayer to Almighty God, the source of all our good. May he who calls us from oppression and conflict to freedom and cooperation for the good of all help people everywhere to build a world of peace ever more solidly established on the four pillars indicated by Blessed Pope John XXIII in his historic Encyclical: truth, justice, love, freedom. From the Vatican, 8 December 2002

A Case Study of Afghan Women’s Rights Essay

Afghanistan has experienced almost three decades of continuous conflict, which has undermined the physical and sexual security of Afghan women in rural as well as urban environments. In a historical analysis, rape prevalence and sexual violence are directly related to ethnic conflict and warring factions. The International Coalition has exacerbated the problem of warlord-dominance in the countryside by utilizing Northern Alliance militias in the â€Å"War on Terror.† These militias have records of extensive human rights abuses and war crimes, including the perpetration of systemic rape campaigns for ethnic-cleansing. Human rights abuses force Afghan women to live in terror.1 Sixteen-year-old Nazia’s family wedded her to a forty-year-old man, Mumtaz, in September 2007.2 Two weeks later, her husband beat her for no obvious reason. 3 Mumtaz had become suspicious that Nazia met other men secretly, so he beat her until she fainted See more: Ethnic groups and racism essay .4 He tied her down and broke her teeth with a stone.5 He poured boiling water on her feet.6 When Nazia subsequently did not cook dinner for him because she could not stand, he tied her up and beat her again.7 While enduring the violence, she felt an excruciating pain in her left and right ears and tasted blood flowing down her face.8 Mumtaz had cut off her ears and her nose with hisknife.9 Nazia’s story, told from her hospital bed in Qalat,Afghanistan, 10 serves as an example of the plight of women in Afghanistan11 and the human rights violations targeted atwomen.12 Human rights abuses against Afghan women occur daily.13 Women face punishment such as public whippings, stonings, and imprisonment for inadvertently exposing their ankles or for wearing brightly colored shoes.’ 14 Although Afghanistan’s current constitution,15 and the international treaties 16 to which Afghanistan is a signatory, enumerate equal rights for women and men, 17 poor law enforcement, lack of awareness about women’s rights,and conservative traditions 18 prevent the promise of equal rights from becoming a reality.19 Despite these guarantees of women’s fundamental rights, significant challenges remain for Afghan women in terms of implementing the constitutional provisions, and reconciling the more conservative and male-dominated aspects of Afghan society with culturally pragmatic conceptions of gender equality.20 The 2003 Constitution also requires that Afghanistan abide by international conventions that it has signed,21 including the Convention on the Elimination of All Forms of Discrimination Against Women (â€Å"CEDAW†),22 yet Afghan women and girls continue to suffer from entrenched discrimination throughout the country. 23 As a result, Afghanistan is currently a haven for severe human rights abuses against women and girls.24 Women are the victims of discrimination and human rights abuses because Islamic societies often interpret human rights for women to conflict with Islamic law. 25 Afghanistan is one of these societies.26 Despite equal rights for women and men written in the 2003 Constitution, Afghan women are not afforded rights equal to men in practice, and they presently live in terror. 27 This comment addresses gender rights in Afghanistan, focusing on continuing human rights violations28 despite Afghanistan’s international treaty obligations 29 and prohibitions against discrimination in the 200 3 Afghan Constitution. A member of the Bamyan Provincial Council, Wahidi Beheshti, is accused of killing a young girl named Shakila on January 22 this year in his own house in Bamyan province. She had been raped by Beheshti and then killed with a gun of his bodyguard. Beheshti’s family claimed Shakila had committed suicide; however forensics proved that she had been killed. Wahidi Beheshti denied any involvement in the matter but the police had also said that Shakila had been killed with a gun of Beheshti’s bodyguard Qurban. Also the forensics who performed the postmortem said they had found evidence that Shakila had been raped by Beheshti before she was killed. According to Mohammad Alam, Shakila’s brother, both Beheshti and his nephew Abdul Wahab were present at the scene of the murder but both denied their presence. He had told Bokhdi News Agency, â€Å"Wahidi Beheshti threatened my family by phone several times and demanded that we cooperate with them so that the matter is resolve d quietly. He promised in his phone calls that he will pay the court money to free Qurban (accused of murder) and wrap up the matter in whatever way possible.† Wahidi Beheshti’s brother Fokori Beheshti is a member of the parliament and his father was a strongman in the area during the 1990s. The case is under deliberation in a court in Bamyan province but Beheshti’s powerful brother and friends are trying to free him by any means possible. According to sources Fokori Beheshti, Said Hussain Anwari and Said Alimi Balkhi (all members of the national assembly) have pressurized the police forensics not to present evidence of Shakila’s rape by Wahidi Beheshti to the court. In a country where so-called lawmakers rape and kill an innocent girl, it is only natural to expect obstruction of justice. There are thousands of Shakilas who die victims or live a life of pain and sufferings, and hundreds of Beheshtis who roam about freely thanks to the impunity given to them by cruel local commanders, misogynist lawmakers and judges, and ultimately the corrupt mafia government.30 During the consultations, a majority of women expressed that they have not meaningfully participated in planning for the Security Transition. In the provinces where Transition has yet to officially start, women do not believe they will be involved in consultations to determine future plans, steps, and activities associated with the transfer of security authority. Recent consultations also revealed that women do not feel that Afghan National Security Forces are responsive to women’s needs and do not uphold human rights standards. Women perceive Afghan National Security Forces as not having the full capacity and expertise necessary to address the security needs of Afghan citizens, especially women and children. They also believe that in recent years, little attention has been given to build the capacity of ANSF to improve civilian adherence to existing laws and advance rule of law by demonstrating that people who violate laws will be punished. However, women still expressed a strong interest in the international community continuing to work to build the capacity and adequately resource the ANSF. Policy makers in Afghanistan reiterate again and again that transition is not about military and security matters alone, however practical experience on the ground shows that there isn’t adequate attention paid to improving rule of law, governance, and access to justice. Similarly, it is unclear how such processes are impacting women’s security. Transition should start from a citizen-articulated vision in which women and men of Afghanistan take responsibility for their better future. The road map for the exit of international forces is necessary; however, an accelerated withdrawal will jeopardize the investments of human life and material resources generously contributed by more than 40 nations, not to mention the numerous casualties of Afghan National Security Forces and enormous sacrifice by the this country’s women, men and children. Women organizations and activists have better access to local communities and are aware about the challenges and causes of insecurity in their communities; therefore they should be consulted and included to ensure that security and transition plans are implemented successfully. BACKGROUND A. Treatment of Women in Afghanistan from the Rule of the Soviet Union to the Present Following civil war in Afghanistan in 1978, the Soviet Union took control of Afghanistan and created many opportunities for women,including aggressive literacy programs.31 Under the Soviet Union’s Communist regimefrom 1979 to 1992, Afghan women enjoyed equal rights and social, economic, and political freedom.32 In the 1980s, the Communists enforced equal rights for women and men in a civil-war-torn Afghanistan.33 As a result, women held a greater number of business, law enforcement, and Parliament positions than they did prior to the civil war. 34 Furthermore, education and employment became more socially acceptable for women.35 As a result, women assumed positions as lawyers, entertainers, and doctors.36 As part of this greater freedom, women saw more educational, employment, and professional opportunities. 37 In 1979, female students even outnumbered male students at universities.38In 1992, 39 the Communist regime fell and the Islamic State of Afghanistan assumed control.40 Subsequently, the â€Å"rights and dignity of women went out the window 41 The 1977 constitution that guaranteed equal rights for women and men was â€Å"thrown out 42 The Islamic State of Afghanistan began to remove women’s rights systematically, and institutionalized various violations against women.43 In 1993, the Islamic State of Afghanistan ruled women must be completely covered, women could not wear perfume or makeup, and women’s freedom and mobility would be restricted.44The justification for these rulings was that men become too excited by women and are tempted to stray from the Islamic way of life, and the restrictions on women reduce this temptation.45 In addition, other, more violent human rights abuses towards women occurred under the Islamic State of Afghanistan, such as torture, rape, and sexual abuse.46 Interestingly, also in 1993, as part of the Vienna Declaration,47 Afghanistan formally reaffirmed its â€Å"faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women 48 The Vienna Declaration also stressed the importance of eliminating violence against women and â€Å"any conflicts that may arise between the rights of women and the harmful effects of certain traditional or customary practices, cultural prejudices and religious extremism.49 Despite Afghanistan’s part in the Vienna Declaration, human rights abuses against women continued as the Taliban 50 emerged as a volatile presence in Afghanistan.51 Taliban rule, which lasted from 1996 to 2001,52 resulted in major setbacks for women.53 The Taliban developed as a political-religious force,54 and eventually seized the cities of Kandahar in 1994, Herat in 1995, and Kabul, Afghanistan’s capital, in 1996.55 Before the Taliban captured Kabul, women made up seventy percent of teachers, forty percent of doctors, and generally worked in all areas of employment.56 After the Taliban fully seized power, it severely oppressed women’s rights. 57 The oppressive Taliban policies violated United Nations treaties, but the Taliban asserted that the treaties’ duties were inconsistent with religious law and cultural practices.58 The Taliban began by closing all schools for girls and forbidding women to work outside the house. 59 The Taliban imposed rules on women, restricting their freedom of movement, dress, education, and employment.60 The women and girls who violated these rules received punishments, including beatings on the streets, amputation of limbs, and public executions.61 The Taliban justified its practices in accordance with its interpretation of the Quran,62claiming to follow a pure, fundamentalist Islamic ideology.63 Taliban leaders enforced the law as they saw fit and prohibited differing interpretation. 64 The plight of Afghan women living under the Taliban regime became an issue of global concern. 65 After the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001, and the subsequent United States military invasion of Afghanistan in October 2001, the Taliban regime collapsed.66 This development presented women with the opportunity to fight for gender equality.67On December 5, 2001, the Bonn Agreements 68 mandated that the Transitional Administration of Afghanistan set up a Constitutional Commission to draft a new constitution.69 The Constitutional Commission’s mandate was to ascertain the Afghan people’s desires, both within the country and abroad, regarding their new constitution.70 The thirty-five member commission drafted the new constitution. 71 Seven of the thirty-five commission members were women, 72 which ensured the â€Å"participation of women in the constitution making process73 As part of the drafting commission, Afghan women w ere finally able to play a role in addressing women’s fundamental rights in the 2003 Constitution.74 INTERNATIONAL POLICY: REVIW AND RECOMMENDATIONS War and political insecurity in Afghanistan are directly related to rape incidence and sexual violence, especially under a free reign of ethnically divided militia factions. By empowering the Northern Alliance militias, the international community has created a long-term institutional problem that will undermine the democratic transition. Not only do these warlords have the military capacity to affect the electoral processes in their localities, but their de facto rule of the countryside also incapacitates the central authority in maintaining effective governance. The preponderance of warlords has also been legitimized through the democratic process, which offers militia commanders an opportunity to engage the political process in an official capacity while secretly maintaining their criminal and military powers. As a result, the international community has made the long-term presence of coalition military forces necessary for maintaining law and order. Because the international community empowered these militias in the War on Terror, the presence of international forces is required to keep the commanders under control, in order to avoid the brutality and violence of the civil war period. The recent decision by the North Atlantic Treaty Organization (NATO) to increase the number of International Security Assistance Force (ISAF) troops to expand the international mission into the unstable countryside is the most recent attempt to bolster the central government’s effectiveness in the rural regions.75 The expanded mission has been hailed as the solution to transition from warlord rule to democratic self-governance. The Canadian military recently announced that its new troop contingent expects to remain in Kandahar province for up to 20 years to help restore the country and prevent another collapse into civil war. These forces are expected to act as a stabilizing force to keep warlords in check. However, a long-term international presence might be alarming to Afghans who have a history of deep xenophobia and hostility towards occupying forces. Furthermore, regional and international power struggles between Pakistan and India, and the USA and Russia have exacerbated Afghanistan’s internal fragmentation, as international military forces continue to mobilize paramilitary groups against their rivals. Afghan people have also grown suspicious of the international humanitarian agenda in Afghanistan, which diverts a majority percentage of international funds to private security and foreign salaries, rather than food, medicine, or other vitally needed supplies for Afghan people. There are four key actions that the International Coalition and civil society actors must consider in order to correct the political chaos that has emerged in the post-Taliban period, which undermines the rights and protection of Afghan women. First, American forces must stop financing militias for use against the Taliban and al-Qaeda in the War on Terror. By utilizing these proxy militias, the international community has disempowered Afghan people and undermined the capacity of the central government to protect its citizens and enforce its laws. The resulting political instability and preponderance of foreign-backed warlords and militia groups in the countryside also directly threatens both the physical and sexual security of rural Afghan women. Second, the warlords that the US-led coalition co-opted during the offensive against the Taliban, who now hold official Parliamentary and Cabinet positions in the central government, must be stripped of their political power in the new democ racy. Furthermore, those warlords accused of war crimes and crimes against humanity, including sexual abuse, must be brought before both local courts and international tribunals. In order to establish a culture of social reconciliation and peace-building, all human rights violations committed during the four war periods must be resolved through legal and social mechanisms that provide rape victims with the opportunity to seek justice for atrocities perpetrated against them. Traditional values, especially those pertaining to women, the family, and social justice, must be considered in the development of laws that address violence against women. Third, in order to address the survival needs of the majority of Afghan women, international civil society actors must invest in rural development, health, and education, and co-operate with local partner organizations. Currently, international funding for humanitarian assistance is directed primarily towards the more stable and accessible urban envi ronments, where international organizations have developed isolated communities of wealthy ex-patriots. Rampant accusations that non-governmental organizations have squandered Afghanistan’s international funding through dubious projects and lofty salaries for foreign workers must also be investigated, in order to establish legitimacy and accountability within the civil society network. The creation of an internationally-sponsored, government-monitored, socially responsible, and grassroots civil society in rural Afghanistan would empower rural women in their communities and increase the capacity of the central government in the lawless countryside. Fourth, the traditional Islamic culture and values of Afghans must be respected in the development of women’s rights policies. Historically, Afghans have opposed radical changes in women’s social and legal status, especially those that they perceived violated the principles of Islamic law. In order to maintain a semblance of legitimacy with rural peoples, the international community must demonstrate an understanding of and respect for traditional norms and Islamic religious values, including those pertaining to women. By operating within culturally sensitive frameworks, the international community would avoid hostile backlash and better address the needs of Afghan women. The failure of the state of Afghanistan remains the most fundamental obstacle in the promotion of gender equality, as without the strength to enforce domestic legal and political reforms in rural areas, the government is ineffectual in most of the country. The International Coalition in Afghanistan must cease empowering and enabling warlords and militia commanders for convenient military purposes, which fundamentally impedes efforts to bring rapists and human rights violators to justice in local and international arenas. Coalition forces and the international community must also remain conscious of the deep Islamic character of the Afghan people, as it pertains to cultural norms that apply to women, sex, and family relations. The recommendations listed above build upon and supplement the concrete recommendations developed by Afghan women who have advocated for their inclusion in peace and security processes over many years. Each time, women have worked to develop solutions for what needs to be done to improve their situation. AWN brings a number of these recommendations back to the memory of policy makers who may have read Afghan Women Position Paper toward Bonn and Beyond. This is a reflection to evaluate the level of seriousness and attention that might have been put towards the demands of women since September 2011. 1. Women’s organization should be included in designing, monitoring and evaluating indicators that measure the impact of transition on women. Transition decisions should be based, in part, on results of this monitoring. 2. The recruitment of Afghan Local Police (ALP) and other security alternative needs to include a transparent vetting process so that former and current warlords with previous record of human rights violations do not automatically become part of the national forces. A portion of the vetting process should be community based, allowing women’s groups and women from communities to report on the background of the newly enrolled security forces 3. Women leaders in government and civil society are under constant attack, while it is necessary to ensure women’s protection in general, women leaders’ protection needs to be a priority as per their critical role as agents of change in society against conservative elements taking Afghanistan back to 199 0. 4. The Afghan government should have a clear reporting process for the human rights instruments and international laws that it has signed and needs to demonstrate that Afghan laws are not in contradiction with its international legal commitments for women. 5. A joint International Afghanistan War Memory Commission should be created so that the past 30 years of war violations are identified and there is a documentation process as a matter of conflict prevention. Such an investigation does not have to conclude in a legal trial but a memory of war and the beginning of a healing process. Otherwise, the practice of impunity will not unite Afghans towards a rule of law culture. CONCLUSION Afghanistan is still a haven for gender violence and discrimination despite equal rights enumerated in the Afghan Constitution. 76The Afghan Constitution requires that Afghanistan abide by the UDHR, the U.N. Charter, and other international treaties to which Afghanistan is a signatory. 77 However, these rights are unrealized in practice due to problems with the judiciary, such as lack of training and corruption,78 and the lack of awareness among the Afghan people of the law.79 To remedy these problems, Afghanistan should interpret its Constitution in accordance with Islamic laws following the examples of Iran80 and Egypt81 Afghanistan should train the judiciary not only on secular law, but on how to interpret the Constitution and international law in accordance with Sharia. If feasible, respected Islamic judges from Egypt should provide guidance to Afghanistan’s judges.Furthermore, Afghanistan should simultaneously disseminate information like the Bench Book 82 to increase women’s awareness and understanding of their rights and the procedural mechanisms to report infringement upon their rights. As Afghanistan continues to develop and strengthen its legal infrastructure within the framework of Islamic law, progressive interpretation of the Sharia is necessary in order for constitutional laws to be accepted and followed by Muslims.83 As the people of Afghanistan become more aware of the laws that govern their state and as they accept that women’s rights principles can co-exist with Islamic principles, women’s participation in society and politics will improve. This would be a large and overdue step for Afghanistan. References: 1. See Jessica Nash, Editorial, Afghan Women Forced to Live in Terror, W. GEORGIAN, Oct. 17, 2007, http://media.www.thewestgeorgian.com/media/storage/paper523/news/2007/10/1 7/Opinion/Afghan.Women.Forced.To.Live.In.Terror-3035567-page2.shtml. 2. Nazia Afghanistan: â€Å"My Husband Cut off My Ears and Nose and Broke My Teeth,† IRIN NEWS, Dec. 26, 2007, http://www.irinnews.org/HOVReport.aspx?ReportId=76003. 3. Id. 4. Id. 5. Id. 6. Id. 7. Id. 8. Nazia Afghanistan: â€Å"My Husband Cut off My Ears and Nose and Broke My Teeth,† supra note 2. 9. Id. (showing pictures of the mutilation). 10. Id. 11. Michael Stittle, Warlords No Better Than Taliban, Says Afghan MP, CTV NEWS, Nov. 8. 2007, http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071107/Malalai-Joya 071107/20071107/. 12. See Nash, supra note 1. 13. See id. 14. Id. 15. The 502 delegate Loya Jirga (â€Å"Grand Council†) passed the 2003 Afghan Constitution on January 4, 2004, which governs Afghanistan today. JAMES INGALUS, THE NEW AFGHAN CONSTITUTION: A STEP BACKWARDS FOR DEMOCRACY 1-2 (2004), http://www.fpif.org/papers/2004afghanconst.html. 16. See infra notes 105-09 and accompanying text. 17. See infra notes 87-90. 18. Women Workers Exposed to Health Risks in Herat Factories, IRIN NEWS, Oct. 30, 2007, http://www.irinnews.org/Report.aspx?ReportId=75048. 19. See, e.g., Nash, supra note 1 (explaining that women’s freedoms are restricted every day in Afghanistan). 20. Horia Mosadiq, The New Afghan Constitution: How Women Succeeded in Ensuring Certain Rights and What Challenges Remain, 3 CRITICAL HALF 28, 28 (2005), available at http://www. womenforwomen.org/news-women-forwomen/ files/crit-half/CHJournalv3.pdf. 21. AFG. CONST. art. 7, available at http://afghanland.com/history/constitution.html. 22. United Nations Division for the Advancement of Women, Convention on the Elimination of All Forms of Discrimination against Women: States Parties, http://www.un.org/womenwatch/daw/cedaw/states.htm (last visited Oct. 18, 2008) [hereinafter CEDAW: States Parties]. 23. Human Rights Watch, More Business Than Usual: The Work Which Awaits the Human Rights Council, Mar. 12, 2007, http://hrw.org/englisb/docs/2007/03/12/sudanl5471.htm [hereinafter HRW, More Business Than Usual]. 24. Id. 25. Katherine M. Weaver, Comment, Women’s Rights and Shari’a Law: A Workable Reality? An Examination of Possible International Human Rights Approaches through the Continuing Reform of the Pakistani Hudood Ordinance, 17 DUKE J. COMP. & INT’L L. 483, 483 (2007). 26. See supra notes 15-21 and accompanying text.27. See Nash, supra note 1. 28. HRW, More Business Than Usual, supra note 23 (â€Å"Afghan women and girls continue to suffer from entrenched discrimination throughout the country.†). 29. CEDAW: States Parties, supra note 22. Afghanistan acceded the Convention on the Elimination of All Forms of Discrimination against Women on March 5, 2003. Id. 30. See http://www.rawa.org/temp/runews/2012/07/18/a-member-of-bamyan-s-provincial-council-accused-of-raping-and-murdering-a-teenage-girl.html .