Administrative Decentralization

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Administrative Decentralization

Administrative decentralization refers to the redistribution of responsibility, authority and financial resources in an organization, taking on three forms: devolution, delegation and deconcentration (Dubois & Fattore, 2009). In devolution, authority when it comes to decision making, management and finance are actually transferred to quasi autonomous units. Deconcentration on the other hand entails redistributing management and decision making authority amongst different levels of management, with the overall supervision being done by the central management. The final form, delegation, entails the transfer of administration and decision making responsibility to semi autonomous units, which are ultimately accountable to the central government. In local emergency services, administrative decentralization has a number of potential benefits and pitfalls. The benefits however outweigh the pitfalls, making administrative decentralization a necessity in emergency services (Cohen & Peterson, n.d).

Foremost amongst the benefits is the potential it has to improve efficiency and effectiveness. Emergency services usually entail important decision making situations that require the quick, effective and efficient choices, as in most cases, lives are saved based on whether or not decisions were made in a timely manner. It is no different when it comes to administrative decisions, as the need to have a number of independent units capable of functioning on their own cannot be overemphasized.

In cases where the type of emergencies to be dealt with are known and clearly outlined, deconcentration may serve as the best model to adopt, as with uniform guidelines, operations at all the various units can be harmonized, due to the management chain being one, with particular protocols being put in place. Decentralization in this case, could actually improve effectiveness and efficiency in the sense that operations can be ran from the point of service, making the unit more effective when it comes to acquisition of required infrastructure and human resources, which may vary from one point to another. A good example would be the fire fighting department, after setting up uniform recruitment, operation and procurement procedures, each individual fire station would then be allowed to operate independently, and procure equipment or recruit according to its needs, making it more efficient and effective. Even in cases where the type of emergencies being dealt with are known, the need for administrative decentralization is still present, due to the fact that various areas experience emergencies at different frequencies and of different magnitudes, making it necessary for each unit to be flexible and malleable depending on its location.

For emergency services that respond to adhoc emergencies, decentralization is very important, first due to the importance of timely responses, and the need for prompt decision making. The need for prompt decisions therefore means that decentralization occurs not just at administrative level, but also in the level of authority accorded the field teams. In this case, discretion is usually not just applicable to human resources and procurement, but also to regulation. Due to the unpredictable nature of adhoc emergencies, the need for leniency when it comes to decision making is paramount, as most situations usually present unique challenges which require not just prompt but unique solutions. As such, it is therefore important that even the decision making process is decentralized for the field teams to be able to work effectively.

The abrupt nature of all emergencies further underlines the need for decentralization, as a distribution of roles ensures that the organizations are constantly ready to handle any emergencies that might arise, regardless of the personnel present. Decentralization also results in increased accountability, as a larger group of people are held accountable for the smooth running of the organization, a factor that definitely impacts performance and therefore leads to efficient operations and even more transparency.

There however are pitfalls associated with administrative decentralization, foremost amongst them being the potential failures at local level due to weak technical or administrative abilities of those delegated to. Even though decentralization redistributes authority, it actually requires that the individual being delegated to have strong administrative abilities, otherwise the system would fail. This also applies to field operations, in that if the field respondents do not have the requisite technical and administrative abilities, operations will suffer in cases of decentralization. In addition, decentralization makes control and distribution of financial resources much more difficult, more so if the resources are scarce. This therefore means that the quality of services might actually not be the same throughout the locality, due to the fact that distribution of resources might not be equal. Furthermore, this skewed distribution may also lead to compromised efficiency and effectiveness in some areas. In cases where the emergency requires widespread efforts, coordination might actually be more difficult and complex, a major disadvantage considering that emergency services usually require swift responses (Mullins, 2004).

While pitfalls do exist, there is no doubting that decentralization in local emergency services is actually a necessity, although the most prudent approach would be deconcentration, which would allow for some degree of central control and effective coordination. This would therefore allow for local emergency services to enjoy the benefits of decentralization, such as improved effectiveness and efficiency, while eliminating the potentially avoidable pitfalls, as most of the people authority is distributed to, would have proven track records within the organization.

References

Cohen, J., & Peterson, S. (n.d). Administrative Decentralization: A New Framework forImproved Governance, Accountability, and Performance. Retrieved from HYPERLINK “http://www.cid.harvard.edu/hiid/582.pdf” http://www.cid.harvard.edu/hiid/582.pdf

Dubois, H., & Fattore, G. (2009). Definitions and typologies in public administration research:the case of decentralization. International Journal of Public Administration 32(8), 704727.

Mullins, D. (2004). Accountability and Coordination in a Decentralized Context: Institutional,Fiscal and Governance Issues. Retrieved from. HYPERLINK “http://www1.worldbank.org/publicsector/decentralization/June21seminar/LiteratureReview.pdf” http://www1.worldbank.org/publicsector/decentralization/June21seminar/LiteratureReview.pdf

Administrative Law Case Analysis

Administrative Law Case Analysis

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InstitutionAdministrative Law Case Analysis

A by-law can be defined to mean rules and regulations set enacted by a local government authority or a corporation with an aim of governing only that area. Bylaws can also be defined as laws enacted or passed by the local authority. The paper seeks to investigate the legality of the by-law enacted in the facts provided, and rise legal issues identified in the problem, as well as resolving the particular issues identified. Lastly, the paper is also meant to devise the remedies to the infringed parties and the situation.

Brief facts

Tabitha, a business lady ventures into the transport business, a gesture which is welcomed by the society because of the advantages the business promises to offer. First of all her single horse chariot reduces traffic jam in the city, it also attracts more tourists to the city. Abner Kravitz, a brother to the city mayor, convinces the mayor to pass a by-law stopping Tabitha to carry on her business because Abner Kravitz is engaged in the same business therefore he is fearing competition. Another by-law is created and it aids the city authority to take land which has been used to rear the horses.

Legal issues

Whether the bylaws enacted are valid and legally acceptable

Whether there possible remedies available for Tabitha

Whether the judge who was an animal activist will be on the bench that will hear the matter

What would be the possible defense for the decisions of the local authority?

Law applicable

The Canadian Constitution

The municipal government Act

Canada corporations Act part II

Common principals

Resolution of issues

Whether the bylaws enacted are valid and legally acceptable

Basically, there are several requirements that have to be conformed to for the by-law to be valid, of which failure would render the law a nullity. In every municipal, there must a body of authority governing the enactment of by-laws and the implementation of those laws enacted by the legislature of the nation. Section 151 of the municipal government Act provides for the procedures of passing a by-law by the municipal authority, it provides for a number of people or members who are required to be present. Failure to conform to the provision of this particular section, the passed by-law stands the chances of being challenged under section536 of the same Act.

In the instant facts, the council had “a closed door” meeting, thus no one can check the provisions that were violated. The Act does not provide for a closed door meeting, the number should not be below that required by the Act breach of which renders the resolution of such an authority invalid. Section 149 provides that for a by-law to be considered valid, it must be at least 180 days before the general meeting from which it will take effect and subsection 3 of the same Act provides that such a by-law must be advertised. From the facts provided, the by-law was not advertised andTabitha was caught unaware of any law regarding her business. Therefore, this by-law at common and in accordance with the municipal government Act is regarded a nullity.

Whether there possible remedies available for Tabitha

In common law, there is no wrong that goes without a remedy. Any infringement must have a remedy or else the doctrines of equity have to devise a probable remedy. Section 536 of the municipal government Act gives a provision for challenging a by-law that an individual does not feel comfortable with. Subsection 1(a) the same section states that any person may apply to the Queens bench that the by-law or the any kind of resolution passed is a nullity or invalid. (b) Also provide for a different remedy of repealing the law or amending it basing on what the court deems fit for the problem to be resolved. Therefore, in the facts provided and depending on the observations made above, it is clear that the process of passing the by-laws is full of irregularities, which are inconsistent with the municipal government Act.

The most appropriate remedy to apply in judicial review for the facts is prohibition. Prohibition is a court order which renders a given law or resolution of any authority or public officer invalid. This order implies that no subject is bound by the quashed order. With the facts provided it means that once the Queen’s Bench court issues this order, Tabitha will not be bound by the by-law.

Whether the judge who is an animal activist will be on the bench that will hear the matter

The other question that would arise is whether the judge who is an animal activist will be on the bench that will hear the matter. Any qualified judge can adjudicate any matter brought before him in the chambers or court of law. However, there are various issues that can be put forward that can disqualify a judge from hearing a matter. The standard for any trial in court is natural justice, and one of the principals of natural justice is fair hearing and being impartial. In the facts, it is established that one of the judges who are going to hear the application is a former activist for animals’ rights. As such, he cannot sit on the bench since he is biased to the application or he already has a side in the case.

The other remedy for Derwood Bay First Nation is section 15 of the municipal government Act this section provides that any one infringed by the municipal bylaws can apply to the land board to issue an order the vacation of the particular land or compensating the land owner. This is because with the facts provided, a piece of land occupied by Derwood Bay Nations is being taken over by the city authority under a new by-law enacted.

What would be the possible defenses for the decisions of the municipal authority?

In conclusion, the municipal authority would have some defence though in the end it will be the court to decide whether the defence will be successful. First, the authority will advise court not to rely on Tabitha’s claim of lack of knowledge because it is a general rule at common law that ignorance of the law is not a defense, it is her duty to know where to find the law as good citizen. Secondly, since the meeting was a closed door meeting how would one allege closed door meeting the irregularities yet know one attended. In summary, those are the few probable defenses the municipal authority would afford in the courts of law.

Administrative Law. Procedural Fairness

Administrative Law – Procedural Fairness

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Name of Institution

Administrative Law – Procedural Fairness

The Migration Act sets out the responsibility of the Refugee Review Tribunal (RRT) in a simple and precise manner – offering a review process that is just, fair, fast, and economical. In addition, the Act stipulates that the RRT should not be bound by the rules of evidence, legal forms or any other technicalities in carrying out its responsibility. The RRT should strictly operate based on substantial justice and the circumstances and merits of the case at hand. Although the legal forms or technicalities such as those dominating the Evidence Act do not bind the RRT, the common practice has seen the tribunal bound by its legal forms and technicalities. These developments arose after certain common law principles were codified in the Migration Act. These are principles touching on procedural fairness and more so the hearing rule.

The amendments to the Migration Act brought on board several provisions that require all relevant sections therein exhaustively to state the elements of the hearing rule of natural justice in light of the matter under consideration. In effecting the codification, the Memorandum attached thereto explained that the inclusions were meant to get rid of the legal uncertainties arising from the use of non-codified common law principles while not interfering with the decision-making procedures, which should be efficient, fair, and legally certain.

The Government of Australia in 2008 established an alternative review process to facilitate the determination of unauthorized maritime arrivals who sought review of administrative decisions that denied them the grant of protection visa. This alternative process ceased to exist in 2012. The striking thing about the review mechanism was the requirement for the application of the definitions in the Refugee Convention outlined in the Migration Act. However, this requirement did not stress the adherence to procedural fairness rules codified in the Act – the common law principles were to apply generally.

The Hearing Rule

As part of the rules of natural justice, the hearing rule stipulates that any person who feels adversely affected by any administrative decision should be allowed an opportunity to be heard, be informed of the substance of their case, and be allowed an opportunity to reply to answers given by the hearing body (Banister n.d.). Going by the common law, it is not mandatory to give an oral hearing to the adversely affected person as a measure of complying with the hearing rule principle. However, the Migration Act makes it a mandatory requirement for Tribunal to give the applicant an oral hearing. The oral hearing can only be dispensed with under three circumstances. The first circumstance is where the applicant agrees not to attend the oral hearing. The second circumstance is where the tribunal can reach a decision in the favor of the applicant by relying solely on the papers. The last circumstance is where the applicant does not respond to an invitation to comment on certain information provided pursuance to the Migration Act.

The oral hearing is to be structured in a precise way as provided in the Act. The first requirement is for the hearing to be conducted in private though videoconferencing and telephone could be used where appropriate. Before the hearing proceeds, the applicant is required to take an oath of affirmation. In addition, the tribunal could bring on board an interpreter to aid the proceedings especially where the applicant speaks a foreign language not understood by the tribunal. Failure by the court to hire an interpreter or to allow the applicant enough time to make submissions or give evidence on issues touching on the matter under review is an outright breach of the obligations of hearing (Banister, n.d.).

The other power bestowed on the tribunal is to summons anyone to appear before it and produce documents. However, this authority can only be applied where the person is within the borders of Australia. The power has been exercised in most cases when the tribunal requires certain documents in the possession of the Department. Further, the applicant should be the only party to the proceedings of the tribunal. In giving evidence, the applicant is not to be represented by counsel or any other person. In addition, the applicant should not conduct any examination or cross-examination in the proceedings. These provisions eliminate legal forms and technicalities. However, it has been common for applicants to bring on board legal representatives and migration agents before the tribunal to assist them in the proceedings. A possible explanation for this is that the court recognizes that the applicant should seek assistance so that he or she can benefit fully from the opportunity to present arguments and give evidence (Banister, n.d.). Situations may arise where the applicant lacks the capacity to make sense of the proceedings and complex law and facts involved in the case.

The applicant’s counsel could help make suggestions to the tribunal about issues that ought to be brought to its attention and which the applicant does not comprehend. The counsel should do so through oral and written submissions. Where a witness appears before the tribunal, the evidence should be taken under oath or affirmation. Such a witness or legal representative cannot be examined or cross-examined by the applicant. The RRT is not an adversarial body; it is inquisitorial. Its failure to conduct an inquiry into a fact whose existence is obvious and largely linked to the results of the matter could be deemed a jurisdictional error. However, it is not the duty of the tribunal to frame the applicant’s case or modify it in any way whatsoever. The tribunal should decide the case based on the applicant’s presentation.

Adverse Information

The Migration Act prescribes how adverse information should be put to an applicant. Adverse information is any information that wholly or partly would guide the court in affirming the application. The Act sets out what qualifies for adverse information. Precisely, the Act provides that the tribunal is obliged to give applicants written particulars of adverse information and invite applicants to respond to or comment on the same. The tribunal must give clear particulars to the applicant. Secondly, the client understands the relevance of the information to the proceedings at hand and the consequences thereof.

Certain information is exempted from the range of adverse information. The first category is information that does not entail the applicant specifically but as a member of a class of persons. The second category is information provided by the applicant to aid in the application. The third category is written information given by the applicant in the previous proceedings. The third category is any non-diclosable information. General country information that could guide the tribunal in reaching a determination and which is deemed adverse should not necessarily be put to the applicant. On the contrary, common law does not exempt country information from the list of adverse information.

The High Court determined in PlaintiffM61/2010E v Cth of Australia that the determination of refugee status for maritime arrivals should follow the Maritime Act in addition to the common law principles of procedural fairness. The same position was taken in SAAP v MIMIA. In the latter case, the applicant was unable to read and understand English because that was a foreign language. Moreover, the applicant was in immigration detention. The tribunal put the evidence of the applicant’s daughter orally to the applicant at the hearing with the applicant’s consent. On appeal, it was held that the applicant had failed to comply with the provisions of the Act by failing to put the daughter’s evidence in writing.

Ms. Lat’s Case

The scenario provided reveals outright denial of procedural fairness as far as the hearing rule principles mentioned above are concerned. The tribunal did not adhere to its obligations under the Act, which revolve around offering a review process that is just, fair, fast, and economical. The tribunal leaned more on the meaning of refugee as applied in the refugee status determination, that is, the requirement of a well-founded fear of persecution. The determination itself is not a problem; the manner in which the determination was reached is.

Ms. Lat could have been allowed an opportunity to bring on board a legal representative owing to the fact that the matter at hand involved complex questions of law and fact. As it turned out, Ms. Lat was not endowed with the capacity to unravel the kind of proof needed for her case despite having undergone through persecution in Suma. The counsel would have availed all evidence in weighty proportions to push Ms. Lats’s case to success. In addition, the tribunal was in possession of adverse information – recent reports to the UN from an independent agency in Suma that detailed measures the Suman government had taken to protect ethnic Gonstrianians – but it did not invite Ms. Lat to respond to or comment on the same. There is minimal doubt that the trial was swayed by this piece of information in making its determination of the case.

The tribunal is inquisitorial by its very nature. It is suspicious why the member did not ask Ms. Lat anything about the persecution claims. The social and political circumstances in Suma were at the heart of the hearing, but the member ignored the same. In addition, the country information was critical to the determination of the case, but the member questioned nothing about such information. The inquisitorial nature of the tribunal becomes questionable due to such deliberate ignorance. Ms. Lat is not acquainted with the tribunal processes. Consequently, she could not know the kind of information the tribunal needed to make a fair and just determination. The situation worsens further because the Department furnished the tribunal with all relevant information it needed to determine the case.

In conclusion, the tribunal was in breach of the hearing rule principles of natural justice. The decision, therefore, should be quashed. Ms. Lat may not have proven a well-founded fear of persecution, but she deserved to be heard in a procedurally fair way. The tribunal should not have overstepped its statutory obligations in dispensing with cases in a just, fair, fast, and economical way.

Reference

Banister (n.d.) Natural Justice.

ADMINISTRATIVE POLICIES

ADMINISTRATIVE POLICIES

CASE ANALYSIS

MGT 498

** Your paper should reflect your very best effort, demonstrating the completion of most core requirements in a business degree.

CASE ANALYSIS FORMAT

** Paper must be typed and double spaced

** Cover page:Case name (company)

Course Name/Number (MGT 498)

Semester/Year

Listing author’s name

** Include a Table of Contents

** Paper must be typed using word processing – double space

** Length of paper will vary, but complete a thorough analysis.

** Paper must be written as single external analysis

** Narrative should support and explain the meaning, relevance, and conclusions of charts/graphs/matrixes

** All charts/graphs/matrixes must be presented in Appendices in APA7 format

** Submit ONE copy of the paper on the assigned due date via Sakai & in LiveText

** Timeliness is crucial; NO excuses and NO exceptions concerning due date

Each paper should include the following tools to help in analyzing, evaluating and

recommending:

IFE&EFE

SWOT Matrix

TOWS Matrix

SPACE Matrix

Porter Model

Financial Ratios

Conclusions and recommendations

** These are tools in the Strategic Planning Process, not substitutes for

integrating analysis and intuition.

** Although this is a case analysis, all papers will be written using APA7 format

Admiralty Law

Admiralty Law

Admiralty law, which is also called maritime law, is a body of both domestic and private international law that governs marine offences and malpractices (Jason, Chuah, 2011). The law governs marine activities like, commerce, shipping, seaman, cargo and passengers towage, peers, wharves, docks, insurance, maritime lines and inland waters (Schoenbaum, Thomas, Jessica, and McClellan 2012). This law is different from the law of the sea which is the body of public international law that governs navigational rights, mineral rights, jurisdiction of coastal waters, and international relations. The major role of admiralty law is to govern the relationship between private and public enterprises that operate ships or all kinds of vessels on the sea (Schoenbaum, Thomas, 2011). Admiralty laws bind the ship owners to take the responsibility of taking reasonable care for passengers injured while on the ship, and also take liability for damage of cargo or the ship itself while on shipment. All involved bodies in shipment of cargo like banks and vendors find a way through the admiralty courts to sue or file a lien against the ship owner to ensure that he/she pays them incases where they loan money or provide the goods or fuel (Costello, Kevin, 2010).

From the facts in the essay non-cargo related liabilities which arise include, injured seaman, ship collisions, and maritime pollution.

The case provides that the master and the crew of the seeker were rescued by a passing passenger ferry which was moving to the nearby Isle of Wight. Due to collision both ships also were damaged badly whereby the seeker was extensively damaged losing all its cargo and Tripoli was also damaged but some cargo were recovered.

Another non-cargo liability is pollution of the marine water. Tripoli was carrying harmful drugs pesticide and when they collided some containers with the pesticides fell into the sea hence polluting the environment

Ship collation is another liability that must be prosecuted. Tripoli lost control due to double wave and collided with seeker ship causing an accident.

The police closed off the beach area preventing people from reaching to a local sea-front café. This could are trespass on the property of the hotel and the police are liable to answer. The above information is heavily evidenced and supported by the case that prevailed between HYPERLINK “http://www.admiraltylawguide.com/circt/1stpaparo.pdf”Paparo verses M/V ETERNITY, First Circuit Court of Appeals, January 5, 2006 , Longshore & Harbor Workers’ Act also the case between Boating and PWC (Personal Watercraft, Jetski) Accidents has got valuable information to support the argument above on non-cargo liabilities.

How should any of the injured parties affect their claim?

Garnat trading & shipping (Singapore) pte ltd & an or v baominh insurance corporation [2011] ewca civ 773: court: court of appeal (civil division) (england and wales)

Alongshore & Harbor Workers’ Act:

This case which occurred in January 2011 supports the following argument.

Under admiralty the ship owner is under the obligation to take care and provide medical care, free of charge to a seaman injured while working for the ship until the seaman attains maximum medical improvement. The obligation to take care of the sea man includes providing medical care or medical devises that will in one way or another try to improve his ability to function. Passengers who are injured while aboard on the ship may effect their claim by suing the ship owner since he owes them a duty of reasonable care (Maraist, Frank, Thomas, Galligan, and Catherine, Marist. 2010).

The injured passengers may effect their claim against the ship owners given that they have been injured by negligence of third party. If the passengers manage to prove that the ship owner was negligent then their claim is admissible by court (Force, Robert, Yiannopoulos, and Martin Davies2008).

Any one party who feels that mutiny or any other form of crime has been conducted on his/her and has tangible evidence then he is permissible to sue the offender before admiralty courts. Alleged violation of rules governing the shipping lane, rights-of-way maritime contracts and commerce by one party provides a basis for the offended party to seek a court order / hearing for protection of his/ her rights (Robertson, David, Steven, Friedell, and Michael, Sturley 2008).

UK case admiralty case in the link below has best lessons to draw from concerning salvage costs of the vessel. Its verdict is interesting and can greatly help in future decisions on such cases.

HYPERLINK “http://www.paclii.org/fj/cases/FJHC/2000/204.html” CKP Fishing Company Ltd v Owners of Motor Vessel Woo Yang [2000] FJHC 204; HBG0001J.1998S (20 January 2000) ADMIRALTY – Arrest of Ships- Priority ranking on sale for salvage costs of the vessel

Salvage claims can be made by the ship owner if admiralty laws are met. One crucial point under salvage is that the ship owner has the first priority to salvage the vessel and its goods. But if the owner of the thing which have been lost does not wish to salvage the cargo and the ship does not cause any risk to the environment, he has the right to deny somebody else to salvage the goods (Darlington, Sarah, and James, Turner, 2007). In cases where the owner of the cargo intentionally abandons his claim to property, the salvage crew may be given the right to keep the property according to admiralty law within that jurisdiction.

Before the claim for salvage award is made the following two conditions must prevail/met. First, the goods must be in peril and second the salvager must be working in a voluntary capacity and not in the line of duty (Robertson, David, Steven, Friedell, and Michael, Sturley 2008)..

Financial institutions that lend money to purchase ships, seamen who have due wages, vendors who supply ship with necessities like fuel and stores have a lien against the ship to guarantee their payment. Incase the ship fails to pay it is arrested or seized to enforce the pay. This action of enforcing alien is conducted by admiralty courts (Mandaraka-Sheppard, Alexandra, 2007).

When a person other than the owner rescues property that gets lost at the sea, the rescuer has the right to claim a salvage award on the saved property. Salvage claims apply only to property since life has no salvage. All mariners have the right to save lives of other in peril.

Critically evaluate the extent to which the LOF 2000 facilitates salvage claims.

UK Admiralty Law: Is the Principle of The Amerique Applicable to All Types of Salvage Cases : HYPERLINK “http://admiraltymaritimelaw.blogspot.com/2010/01/uk-admiralty-law-is-principle-of.html” http://admiraltymaritimelaw.blogspot.com/2010/01/uk-admiralty-law-is-principle-of.html

The above UK admiralty case has got rich information and it helped me in critically evaluating and coming up with this argument on LOF2000 and salvage claiming.

Lloyd’s open form of salvage agreement is the most widely used salvage contract and it incorporates the principle of “no cure-no pay”. LOF 2000 comprises of a single sheet of paper containing a box lay out where essential information like the mane of the ship and the identity of the salvage contractor will be inserted. Just below the layout box on the opposite side of the document, there is a clause with twelve letters and two information notices (Darlington, Sarah, and James, Turner, 2007).

LOF document is an advancement of LOF 1995 and it has addressed important points concerning salvage payment and claim. LOF 2000 was forms by a group of experts including, shipping insurance, legal communities and numerous organizations whose concerns were on salvage claims under LOF. Current issues over salvage claims have been addressed in this form and they include;

Property liable for the payment of salvageStewart verses Dutra Construction admiralty case which took place in February 22, 2005 where Jones act was used to solve the case. (Jones Act) provides important information that supports my argument which follows.

Initially, in the English law personal effects and baggage belonging to passengers’, master and the crew of the ship were not regarded as liable to pay for salvage. Instead only passenger’s baggage stowed in the hold and not required on voyage was recognized for salvage.The international salvage convention wanted to alter that but Lloyds form working party agreed that for the sake of LOF personal effects should be exempted from payment of salvage. These exemptions should also include private motor vehicle accompanying the passenger together with its contents.LOF 2000 provides such a provision (Darlington, Sarah, and James, Turner, 2007).

Currency of award

Parties to LOF have been in many years had it possible to select the currency in which salvage remuneration should be paid. However, LOF has provided that incase there is no agreed currency of payment then remuneration should be paid in pounds steering. Despite this fact many people find it easy to pay using us dollar hence LOF 2000 provides that if there is no alternative currency is agreed upon salvage remuneration can be made via US dollars. (Schoenbaum, Thomas, Jessica, and McClellan 2012)

Duty to co-operate

Alof2000 obliges the owners and masters to cooperate with salvors in certain important respects. Salvage personnel must be provided with full information so that salvage operation is done properly to avoid dangers of human life, property and the surrounding which such cargoes may cause. The information the salvors must be provide with include, plans, stability data and any relevant information (Robertson, David, Steven, Friedell, and Michael, Sturley 2008).

Rights of termination:

LOF 1995 clause 4 gave the ship owner the right to terminate the LOF when no reasonable prospect leadind to salvage award missed. LOF 2000 conferrers the similar right to the salvors that previously lacked the mandate to terminate an LOF contract. This makes the ship owner and the salvors to be equal so that they have equal bargaining power on salvage award (Schoenbaum, Thomas, Jessica, and McClellan 2012).

Deemed performance

LOF2000 provide the provision of giving a practical solution to the difficulty of knowing when the salvage services can be claimed to be complete. Once the salvaged property has been kept save or taken to the agreed place of safety the salvors have a right to treat their services as done if; continued skilled salvage services are not necessary to avoid the property becoming lost or significantly further damaged. And they are not required by any authority, agency or government to remain in attendance to satisfying their requirements (Robertson, David, Steven, Friedell, and Michael, Sturley 2008).

LOF 2000 provides the platform where contracts and salvage are recorded. Under this contracts, compensation is based on the no cure no pay principle. This implies that if the salvor does not salvage anything then they will not be paid. However, special compensation is made to the salvos for ma king efforts to save the environment or property even though in vain.

LOF 2000 contains articles13 and 14 as a reference in English law. Article 13 details salvage claim by salvos while article 14 details compensation criteria for the salvers. All this is prepared to make compensation award and salvage claim easy and faster (Mandaraka-Sheppard, Alexandra, 2007).

LOF2000 in a way gives the salvos more powers in the present than it was in the past. The rights which ship owners enjoyed in determining the compensation award of salvage and termination of contract are now confirmed to salvers. This has improved salvage claims significantly and has as well solved many conflicts between passengers and the salvos. (Mandaraka-Sheppard, Alexandra, 2007).

Cited work

Schoenbaum, Thomas, J., Jessica, L, McClellan: Admiralty and maritime law; St. Paul,Minn.: West Group, 2012 5th ed. Hornbook series KF1104 .S36 2012 .print

Schoenbaum, Thomas J: Admiralty and maritime law. ; St. Paul, Minn.: Thompson/West, 2011,5th ed. Practitioner Treatise Series: Law Reserve: KF1104 .S36 2011. print

Costello, Kevin: The Court of Admiralty of Ireland, 1575-1879: Dublin: Four Courts, 2010,KDK768 .C67 2010

Maraist, Frank, L., Thomas,C., Gilligan, Jr., and Catherine M. Marist. Admiralty in a nutshell, St Paul, Minn.: Thomson/West, 2010: 6th ed. West nutshell series: Law Reserve KF1105 .M342010

Force, Robert, A.N. Yiannopoulos, and Martin Davies: Admiralty and maritime law:Washington, DC: Beard Books, 2008, KF1104 .F672 2008

Robertson, David W., Steven F. Friedell, and Michael F. Sturley : Admiralty and maritime law in the United States: cases and materials: Durham, NC: Carolina Academic Press, 2008, 2nd ed.Law Reserve KF1103 .R63 2008

Cremean, Damien J., Admiralty jurisdiction: law and practice in Australia, New Zealand, Singapore and Hong Kong’, Annandale, N.S.W.: Federation Press, 2008: 3rd ed.: Foreword byDavid Steel: KVC350 .C73 2008

Derrington, Sarah C., and James M. Turner “The law and practice of admiralty matters” Oxford;New York: Oxford University Press, 2007: KD1819 .D47 2007

Mandaraka-Sheppard, Alexandra “Modern maritime law and risk management London; NewYork: Rutledge-Cavendish, 2007, 2nd ed. KD1833 .M36 2007

Jason, C., T., Chuah : Law of International Trade (4th Edition) 2011

UK admiralty law: is the principle of the Amerique applicable to all types of salvage cases: HYPERLINK “http://admiraltymaritimelaw.blogspot.com/2010/01/uk-admiralty-law-is-principle-of.html” http://admiraltymaritimelaw.blogspot.com/2010/01/uk-admiralty-law-is-principle-of.html

Garnat trading & shipping (Singapore) Pte ltd & Anor v Baominh insurance corporation [2011] Ewca civ 773: court: court of appeal (civil division) (England and Wales)

HYPERLINK “http://www.paclii.org/fj/cases/FJHC/2000/204.html” CKP Fishing Company Ltd v Owners of Motor Vessel Woo Yang [2000] FJHC 204; HBG0001J.1998S (20 January 2000) ADMIRALTY – Arrest of Ships- Priority ranking on sale for salvage costs of the vessel

HYPERLINK “http://www.paclii.org/fj/cases/FJHC/2002/31.html” Jeyang International Company Ltd v Owners of the Motor Vessel Kao Ya No 1 and Kao Ya No. 137 [2002] FJHC 31; HBG0009J.2001 (30 September 2002)ADMIRALTY – Arrest of Ships- claims giving rise to a maritime lien take priority over claims under mortgages; crew’s claim for wages rank in priority to mortgagee

ACT Aviaries Pty Ltd ACN 008 999 979

Dale Godwin

Director

ACT Aviaries Pty Ltd ACN 008 999 979

Dear Attorney General

ACT Aviaries Pty Ltd appreciates the opportunity to provide this submission expressing the need for urgent amendment of the new Commonwealth Legislation.

Dale is the Director and Owner of a small business, ACT Aviaries Pty Ltd. Dale appreciates the new Commonwealth Legislation relating to sale of goods contracts, which is yet to be amended. He acknowledges that the Act will bring solution to sellers and other persons suffering losses and damages through inability to recover goods and other properties from buyers who default payment. The current Sale of goods legislation in Australia provides remedies to the seller where the buyer defaults payment depending on the terms of the contract. However, in some cases, it does not provide any remedy, irrespective of the terms applied in a sale of goods contract. To small business traders, the problem is compounded by the fact that most of them have limited knowledge in relevant legal details relating sale of goods contract. Thus, in many respects, the new Commonwealth Legislation will codify the existing sale of goods law and will provide some certainty to the small business traders in areas where in the past, uncertainty has flourished. Dale is concerned that there are many pending cases relating to the aforementioned issue, which are likely to see more sellers suffer losses or damages under the current sale of goods legislation. Therefore, he urges that there is urgent need for amendment of the new Act to rule the pending cases, including his own.

Evidence of need

Generally, the sales of goods legislations in Australasia stipulate that the risk of loss, damage or destruction to the goods passes from the seller to the buyer upon the delivery of the goods to the buyer and not upon the transfer of title. Further, it provides that if a seller passes goods to a buyer, who later becomes insolvent without having settled the full debt, the goods forms part of the bankrupt estate and hence, becomes part of the properties to be distributed on prorata basis among all the unsecured creditors, including the sellers. However, the same legislation provides allowances for introduction of retention of title clauses or a Romalpa clause into a contract by the parties which allow them to decide when the property in goods is to pass from the seller to the buyer.

Romalpa clauses provide a chance for the seller to take advantage of appropriate sale of goods legislation to reserve the title of the goods sold on credit terms until the buyer pays the full price for them. Therefore, Dale acknowledges the various advantages of applicability of Romalpa clauses in contracts. For instance, the Romalpa clauses give an opportunity to the seller to recover the goods, in circumstances where the buyer becomes insolvent, notwithstanding the fact that the agreed final date for payment is not due. In addition, these clauses help in creation of a trust relationship between the buyer and the seller especially where the goods are meant for a re-sell.

However, there are several difficulties that attend to the application of Romalpa clauses that mostly affect small business traders. For example, no remedy is provided for to enable the seller to trace goods or the proceeds from a re-sale of goods by a buyer, but which are not invoiced as unpaid items by the buyer. In addition, it is difficult to trace the proceeds from a re-sale of goods are not kept in a special account on behalf of the seller. This explains the fact that though the use of Romalpa clause have served as instrument for commercial certainty for small business trades such as ACT Aviaries Pty Ltd, there have been myriad of complications surrounding their application.

The recent ACT Aviaries Pty Ltd and Parklife Pty Ltd case illustrates many of the issues that are at stake with the current sale of goods legislation in Austrasia. In this case, Dale Godwin, Director and Owner of ACT Aviaries Pty Ltd signed a contract with Eric Sully, the director of Director of Parklife Pty Ltd to supply different items necessary for installation of a butterfly enclosure. In the agreement, the parties incorporated the following Romalpa clauses;

Clause 5(a) provided that the seller retains ownership of the goods until all accounts owed by the buyer to the seller are fully paid

Clause 6 provided that if the goods are resold, or products manufactured using the goods are sold by the buyer, the buyer should hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the seller and shall pay such amount to the seller upon request.

Parklife Pty Ltd was required to pay the purchase price to the seller within a period of 90 days after delivery in accordance with the terms of the agreement. During the time of delivery, Dale had left surplus aluminium railings worth about $800 for future maintenance of the Aviary. However, the credit period was barely over before Eric Sully contacted Dale to inform him that Parklife Pty Ltd had become bankrupt, without having settled the bill for the butterfly enclosure. After receiving the insolvency report, Dale sought to collect the aluminium railings he had left at the site but Eric Sully informed him that they had been combined with other materials by the employees of Parklife Pty Ltd and used to make model butterflies, which had been given to Weston Primary School. Dale learnt that the School’s Parents and Community Association donated $1000 to the Butterfly Park as an indication of their appreciation. The railings were not part of the unpaid bill by Parklife Pty Ltd. The current sales of goods legislation in Austrasia does not provide remedy where goods in question are not traceable in the invoices of the seller as part of the unpaid bill by the buyer. Hence, despite the inclusion of the above Romalpa clauses in the contract, it is difficult for Dale to trace total or part of the proceeds given as a donation to the park.

In a separate contract, Dale offered bird cages to Eric Sully for sale at $50 each on the condition that Dale retains ownership of the items until Eric clears the bill for the items. They agreed that Eric would keep the proceeds on behalf of Dale in a special piggy bank. Later, Dale asked for the bird cages back and Eric Sully declined honour the request stating that the items were selling like hotcakes. Eric promised the Dale that he would save the remaining cages for the gift shop and keep the proceeds in a special piggy bank. In accordance with the current sale of goods legislation and the terms of the contract If Dale can trace the proceeds kept in the special piggy bank as well as the remaining cages from Eric if he honours the promise. However, Dale may not be able to trace proceeds from the already sold cages if Eric fails to keep the monies in a separate special piggy bank as agreed. Despite the inclusion of a Romalpa clause giving Dale right over the proceeds and the cages, he may only be able to recover the remaining bird cages in that case. These cases demonstrate just a few of the many complications that small business traders are encountering with the current sales of good legislation in Austrasia. Thus, among other issues, the new Commonwealth legislation needs to be amended urgently so as to address the aforementioned issues among others.

The need and to give effect to trust to extend the meaning of proceeds

There are two issues that the new legislation needs to address in relation to whether trust has been created in a contract. To start with, an issue arises on whether an agreement for a trust is capable of operation. The case between Dale Godwin and Eric Sully makes it clear that the provision for trust within the conditions set in the contract will be effective when trust is created between the parties. Secondly, it must be established whether trust has been applied in the contract in accordance with the agreement between the parties. This makes it more difficult for the sellers for practical reasons.

Despite an agreement, the buyer may fail to keep monies received by from a re-sale in separate account to service the debt owing to the seller. But the Queensland District Court in Rondo Building Services v Casaron case held that where the buyer failed to honour the agreement to keep the proceeds in a separate account, the trust never operated. Though this is arguably correct, it is quite restrictive to my view. In reference to the case between Dale Godwin and Eric Sully, this makes it difficult for Dale to trace the proceeds in case Eric fails to keep the keep the monies received from the resale of bird cages in the special piggy bank.

Finally, as demonstrated in the ACT Aviaries Pty Ltd and Parklife Pty Ltd case, there is need to extend the meaning of ‘proceeds’. Currently, there is no remedy to the seller for proceeds derived by the buyer from goods delivered by the seller but which are not part of the unpaid bill, even under the equitable doctrine of tracing. Thus, where tracing is concerned in regard to such proceeds, the new law need to preserve the right of the seller, even if it means tracing part of the proceeds. However, it may be argued that if trust has arisen between the parties and the buyer fails to honour the agreement, the seller may still rely on other legislations such as the Discrimination Act 1991. But this might meet some difficulties given the other rules affecting an agreement such as the rules of insolvency.

Conclusion

The new Commonwealth Legislation will be of great utility with respect to the commercial sale of goods. It will help in addressing number of difficult legal issues that have arguably proper operation of the current sale of goods legislation. Most importantly, it will help in providing solutions to small business traders who are mostly affected and who are on the verge of experiencing lose or damages. This explains the fact that there is urgent need to amend the new Act, which will reflect the interests of small business traders and hence, bring certainty to sellers who have pending cases.

References

ACT Parliamentary Counsel, Discrimination Act 1991, 2011, [Accessed, 15 September, 2011], http://www.legislation.act.gov.au/a/1991-81/current/pdf/1991-81.pdf

Gillies, P, why it is important to know when title has been transferred, Business law, Federation Press, Sydney, 2004.

Hamilton, G. H, Invalidation of securities upon insolvency, Federation Press, Sydney, 2000

Jones King Lawyers, “Retention of Title (A Fresh Perspective)” 2010, accessed [15, September, 2011], http://www.worrells.net.au/library/insolvency/Retention%20of%20Title.pdf

Kelly, D., Hayward, R., Hammer, R. & Hendy, J., sale and supply of goods and services, Business law, Taylor & Francis, New York, 2011.

Sihombing, J. E., Goods: sales and securities, Hong Kong University Press, 1997

Thampapillai, D., J, Retention clauses in Australia, 2010, [Accessed, 15 September, 2011], http://works.bepress.com/cgi/viewcontent.cgi?article=1000&context=dilan_thampapillai&sei-redir=1#search=%22romalpa%20clauses%22

Turley, I, Principles of commercial law, Routledge, London, 2001

Tomasic, R., Bottomley, S & McQueen, R, Corporations law in Australia, Federation Press,

Sydney, 2002

addressing certain issues and challages pertaining the running of social enterprices

FINDINGS AND DATA ANALYSIS. What role do the social enterprises play in our society and what are the challenges faced by the social organizations as they strive to achieve their goals, vision, aims and objectives.

This research was done with an aim of addressing certain issues and challages pertaining the running of social enterprices. Throughout the study, the main question of the study have been: What role do the social enterprises play in our society and what are the challenges faced by the social organizations as they strive to achieve their goals, vision, aims and objectives? In order to answer this question, the research started by trying to first know more about the social enterprises through doing a literature review. During the literature review process the main objectives of the study was to identify the roles of the social enterprises, the problems and challenges the social enterprises face while trying to achieve their set mission or objectives as well as establishing the impacts of the environment and government policies on the performance of the social enterprises.

In order to be able to get a good insight on the roles, challenges and imp-acts of government and the environment on the social enterprises, a qualitative analysis was employed and five main questions were sent to the participating organizations. We also used both the exploratory and confirmatory research designs. During the exploratory research stage, various information concerning the roles, challages and impact of government and the environment was gotten. The study then went on to use the qualitative analysis to get the confirmatory findings. During the discussion section, the study will focus on linking the findings from the various organizations that took part in the study with the information that had been gotten earlier in the exploratory stage or during the literature review.

Over the years, the development of social enterprises have been on the rise globally. Most of the social enterprises are aimed at benefiting various minority or vulnerable persons within the community. During the literature review, it was found that most organizations are involved in promoting social services such as housing, women rights, education, group rights eg women rights and youth rights and promoting activities such as cultural activities. In a broader aspect, most social enterprises were seen to be promoting community development (Nyssens, Johnson & Adam, 2006). During the interviews, the study sort to first establish the beneficiaries of the four organisations as well the area of work and the objectives of the organisations was being investigated. The first question though broad and with four subsections were aimed at establishing the roles, the scope, and the beneficiaries of social enterprises interviewed. The four enterprises that were interviewed had results corresponding to the literature review finding. All the four organisations had a role to play in helping the vulnerable and less fortunate groups within the society. The targeted groups were children and the young (by organisation A, B and D) and the homeless by organisation B C and D. The only organisation not to have exclusively targeted the vulnerable and the less fortunate in the society was organisation A. Besides targeting the youths, the organisation also targeted Scitish creative talent. Their main aim was to provide marketing services and blostering marketing channels for the organisations. The organisation just like the other three organisation targeted community development. While the three other organisation were in one way or the other involved in providing housing, organisation A was not in any way concerned with housing. It was involved in creation of employment to the young people and also creating marketing channels for makers of Scottish creative arts. Organisation B was also involved in education the young children as well as providing clothing for the children. Answers to the first question and the subsequent questions related to these main questions shows that all the four organisations were in one way involved in community development. These findings are common with the findings of Prince (2009) which indicates that most organisations were set up with the objectives being community development. Others like organisation a have been set up to conserve national heritage and culture (Nyssens, Johnson & Adam, 2006).

The second question sought to establish the challenges faced by the social enterprises. This question was general and was seeking to identify all the main challenges related to the specific social organisations. During the literature review, it was noted that some of the challages that social enterprises faced included too much paperwork, funding challages, strict regulatory and legal framework, economic changes within the environment. According to a survey by NatWest Small Business Research Trust, it was also shown that funding posed the biggest challange for the social enterprises(Ridley-Duff, 2011). This exploratory findings created a hypothesis that most organisations faced funding challenge . findings from the four organisations seem to form a confirmatory base for these hypothesis as all the organisations apart from organisation A cited funding as a main challenge faced by the organisation. From the research, it is clear that funding posed a big challenge . Though marketing was not anticipated to be a major challenge, the finding however shows that marketing was major a challenge. Marketing resources was a challange for organisation A while marketing and distribution was a challenge for organisation B. Staffing resources was not a challenge for any other organisation apart from organisation A. Communication was a key challenge for organisation B. This could have been a unique challenge to the organisation in that it operated in two countries making communication a bit hard as compared to the other three organisations. Organisation C cited change of economy and environment as a key challenge. This can also be attributed to the uniqueness of the organisation in that it pursues to change people’s environment and attitude . The environment does also have a direct link with their services as it affects their productions directly. In the farm, any economic or environmental change is a challenge as it affects production. Just like anticipated, paper work was also a challenge as organisation D cited paper work as a key challange.

Question 3

The third question asked was designed to explore the sources of funding and relate them to the ntwo theories of funding that were established during the literature review. Bricolage is the ability of an organisation to fund itself through enterprising activities. This according to Sunley and Pich (2012) is done by evolutionarizing their enterprises in order to plough back the profits their get from their activities. The four organisations taking part in our study were all involved in an entrepreneurial activity that was aimed at providing income and re-investing it. All the four organisation mostly relied on the self generated funds as the main source of income. These shows that the four organisations embraced bricolage as a means and theory of funding their activities. Another theory of funding a social enterprise is through “resource dependence or resource seeking theory”. These theory suggests that a social enterprise should be mobilise funds from its immediate environment. According to Sunley and Pich (2012), bricolage is only sufficient during the start-up period of a social enterprise. This is because development and growth of any enterprise depends on the income received and it is hard for a social enterprise to compete with business enterprises whose main objective is to make profit while the social enterprise main objective is community development through provision of social services. It is therefore feasible for the organisations to seek extra funding from the communities and governments near them. As seen all the organisation apart from organisation A and organisation B have been relying on both the internal funding (bricolage) and also through external sources resource dependence). Organisation A which has been operating through bricolage is also considering wants to fund its operations in the future by making the store self-reliant. The organisation is seeking to make do with the available funds from their operation by making innovative ideas as suggested by Surley and Pinch (2012). The organisation is planning to employ innovative means of marketing and selling points that will ensure more products are sold. Organisation b which has also been relying on private funds also wants to make its activities more sustainable. Organisation A however seeks to get more funding from the government and other organisations such as the flexible support fund.

Organisation C had many financial challenges even though it employed both bricolage and resource dependence theories. The organisation received funds from the local government, the Edinburgh council and other external funding like the European fund. Grants were therefore a major source of funding for organisation C. this is also the case for organisation D that also relies on Grants and loans even though it faces a challenge of high interest’s rates and diminishing opportunities for grants due to the increase in the number of social enterprises seeking for the funds.

ACT OF TERRORISM VIOLENCE

Acts of Violence

Name:

Institutional Affiliation:

Acts of Violence

Violent acts have been on the rise across the world. They range from acts of terrorism to government sponsored acts. There are different factors behind these events with some being similar while others vary depending on whether it is an act of terrorism or government sponsored initiative. Variance in the causal factors may also be attributed to situational factors or disposition towards certain forms of violent acts. These factors also revolve around religion and politics. Both forms are common and threaten the peace and stability of nations. To fully understand the nature of these forms of violence, one needs to look at their real causes, their similarities, and factors that promote them.There are several similarities between terrorist acts and government sponsored violence in terms of the contributing factors. One of these is seeking dominance. A minority group may want to gain power and a have significant say on matters relating to the governance of a country or a religion to be made the state religion (Stout, 304). Such violent acts result from a feeling of marginalization, oppression or discrimination. For instance, some of the terrorist activities conducted by the members of the Islamic faith are usually meant to scare some of the nations that are mainly made up of Christians. An example of this is in the terrorist attacks carried out in Germany against innocent people to demand constitutional recognition of the hijab (a veil wrapped around an Islamic lady’s head to hide their identity) as part of the school uniform for Muslim lady students. On the other hand, the violence propagated against Islamists in Egypt by the secular government was seen as an attempt by the state to suppress the influence of the Islam religion in the country.There are also differences with regard to the contributing factors when it comes to terrorism and state sponsored violence. Terrorism is mainly a result of a motivation to undermine the control of the state. One can use this motivation to explain the United States’ independence war. Assassination of high profile and symbolic persons is usually intended to incite the state into counter-terrorism to polarize a country’s population. An example of this is the 1963 and 1994 assassination of the American and Rwandan presidents respectively (Ahram, 6-9). They are also meant to attract the attention of the international community to struggles that would otherwise remain unreported. On the other hand, state sponsored violence is mainly caused by fear of losing power. It is usually intended to create fear in a population that in most cases forms the majority of the country’s population. Violence instigated by the Egyptian government against the Islamists also provides an example of violence conducted for of fear of losing power.Situational factors play a significant role in promoting violent acts. For example, the attack on Iraq by the U.S based on claims that were not validated, which resulted to retaliatory attacks by terrorists on U.S soil. Dispositional factors also play a role in motivating terrorist activities. A good example is the tendency by die hard Jihadists to prioritize violent courses of action in promoting their agenda (Schmid, Alex and Crelinsten 103-117).It is clear that state sponsored violence and terrorism have both similarities and differences with respect to their contributing factors and that understanding their nature calls for looking at their real causes, their similarities, and factors that promote them. Religion and politics come out as the main roots of most of these forms of violence. However, it is difficult to address this problem. Therefore, there is a need for more research into it if it is to be solved conclusively.

References

Ahram, al-Dīn A. J. Terrorism and Political Violence: An Egyptian Perspective. Chicago: Office of International Criminal Justice, the University of Illinois at Chicago, 1987. Print

Schmid, Alex P, and Ronald D. Crelinsten. Western Responses to Terrorism. London: F. Cass, 1993. Print

Stout, Chris E. The Psychology of Terrorism. Westport, CT: Praeger, 2002. Print.

Addressing the Issues of poverty

Addressing the Issues of poverty

CHAPTER ONE

Introduction

One of the challenges that has confronted humankind (especially residents of Eldamaravine Division) in its history is addressing the problems of poverty that can be solved through the use, improvement and transformation of natural resources to provide goods and services [S.A. Butt: 1996]. At the United Nations Conference on Environment and Development at Rio de Janeiro in 1992, poverty and industrialisation were agreed upon as two factors amongst others that cause environment damage. It was also noted that the world’s limited reserves of natural resources are getting depleted. What is more, it was acknowledged that despite economic growth world wide poverty and resource depletion is increasing, both in absolute and relative terms.

A solution to the above problems calls for a sustainable form of development which seeks to achieve a balance between the needs of men and women, nature and technology, so that future generations can also have the chance to thrive in a supportive environment. Human welfare and quality of life will therefore in many ways continue to depend directly or indirectly on the availability of natural resources like water, trees, mountains, minerals, land, animals, air, etc. [R.S. de Groot: 1994].

Kenya is a country with extra-ordinary natural resources and the survival of its people will largely continue to depend on natural resources available at their disposal. Yet activities such as tourism if not practised in a sustainable manner can threaten the natural resources upon which people’s livelihoods depend [African Wildlife Foundation: 1996]. Specifically, Baringo is a county well endowed with natural resources. One of these resources that is playing a crucial role in the ecological and socio-economic development of the country, is forests. As other national statistics indicates that forest products accounted for 1.9% of Kenya’s Gross Domestic Product (GDP), so are the Koibatek County Council financial reports (The Republic of Kenya: background to the Budget 2009/10].

1.1 Background of the Study

Over the last ten years or so Kenya recorded a robust economic growth of 3% annually attributed to many factors including the availability of natural resources. Although rich in natural resources and recording a robust economic growth, the majority of the population in Baringo County still lives in absolute poverty (KBS, Cesus 2009). According to the census report (2009) households have been struggling to survive on an annual income of less than 150 US dollars. Poverty is affecting over 50% of the population [KBS; 2009]. Yet as part of its development agenda government has to harness both its natural and human resources so as to confront and resolve the problems of poverty, inequality, marginalisation and social exclusion [Pascal Mihyo: 1996]. The paradox of poverty amidst economic growth is a challenge that needs to be addressed by government, the population and other development partners [Human Development Report: 1996]. High economic growth alone is insufficient without a pattern of growth that allows for increased production, expanded employment opportunities for the poor and better access to social services [World Bank: 1996]. Besides, the exclusion of gender roles in addressing environmental and resource degradation pose a great threat to sustainable poverty elevation. 1.2 Statement of the Problem

Forest reserves and other protected areas such as national parks have a long history of protection policies. The Protectionist Policy is an exclusive management approach de-linking the socio-economic interests of local communities from forest reserves and other protected areas [IUCN: 1997].

In Eldamaravine Division forest policies have their geneses with colonialism (J.R Kamugisha: 1993) are formulated to express the official perception of government on forest and other resources and describe how best the state intends to protect and utilise them for the benefits of its citizens. Kenya’s present policy framework on forest resources and other national resources is contained in the 2010 Constitution, Clause XIII on natural resources, which states “that the state shall protect important natural resources including land, water, wetlands, minerals, oil, fauna and flora”. In addition to the constitutional framework, a number of sectoral policies and by-laws have been formulated to guide in the conservation, use and management of natural resources and some of these are: Forest Policy, Fisheries Policy, Wetlands Policy, Land Policy and Wildlife Policy

The sectoral policies are legislatively formulated and translated into laws, Acts and Statutes that are implemented by relevant local institutions such as local assembly of Eldamaravine. In Kenya, forest and natural resources policies are implemented by government agencies such as the Ministries of Natural Resources, Agriculture, Animal Industry and Fisheries, and institutions such the National Environment Management Authority (NEMA), Kenya Wildlife Service (KWS). Other bodies include District Administrators and Local governments.

Although the protection policy on forest resources and other natural resources has generally been successful in preserving biological diversity, providing catchment area for rain, maintaining scenic beauty, providing economic support to government through the sale of timber and tourism, preventing wide scale timber exploitation by private developers, etc., the policy de-couples the socio-economic interests of local communities that live adjacent to the forest. The policing approach has been less successful in overcoming rural poverty as it is inadequate, exclusive, top down, sometimes outmoded, and unsustainable gender responsibilities. The policy implications on local communities (Eldamaravine in particular) are enormous but in the context of this proposed study, they can be summarised at three levels; increasing poverty, encouraging inequality of income distribution, unsustainability and environmental degradation. The policy on environmental conservation delinks with the gender roles, duties and responsibilities in relation to resources depletion and environmental degradation. Varied ordination of responsibilities as culturally defined between men and women serves as a barricade to environmental conservation, hence the concern. Yet for sustanainable development to be accomplished, a national policy framework that involving key stakeholders draw all sexes should be involved developed. Besides, income disparity and uneven income distribution between men and women results into policy-poverty-environment hypothesis that compromises national resource conservation measures.

The above problems are further illustrated by the following quotation:

“rights over forests have been eroded historically, just as rights over land. For forest dwellers in pre-colonial times, the use of forests whether to hunt or gather forest products or to bring forest land under cultivation was unhindered right, and did not involve any payment or permission of a superior. This has since changed radically. As the state (colonial and post-colonial) imposed absolute control and ownership rights over forest land whether inhabited or not, traditional rights where denied and turned into a privilege” [I.L.O: 1998].

1.3 Research ObjectivesThe general objective of this proposed study will be to investigate, examine, demonstrate and evaluate the extent to which gender roles, duties and responsibilities and the Protectionist Policy is de-coupling the socio-economic interests of local communities of Eldamaravine Division in protecting and conserving natural resources. In this proposed study, an attempt will be made to show how the policy is increasing environmental degradation, because local communities continue to get only “subsistence benefits” from being near the forest yet in order to improve their welfare and get out of the poverty trap, they should get more “than subsistence benefits” from forest resources.

The specific objectives of the study will be to:

Find out the socio-economic functions of the forest/natural resources and the extent to which it is directly or indirectly contributing to the welfare of local communities around Eldamaravine Division.

Find out the extent to which women subordination and restricted access/control over natural resources and exiting limited power in decision making contributes to environmental degradation.

Find out the degree to which ethnical origin and cultural system, participation powers of men and women leads to environmental problems and challenges.

Find out income levels and patterns amongst local communities accruing from exploitation and depletion of natural resource endowment in Eldamaravine.

Find out gender dimension in forest and natural resource use.

1.4 Research Questions

Given the above research objectives, some basic questions emerged:

Are the conservation and the Protectionist Policy of any socio-economic benefit to the local communities of Eldamaravine in respect with resource endowment?

Are subordination, limited management and restricted access of resources by women playing a significant role in increasing environmental degradation in Eldamaravine?

Are culture, tradition, ethical systems and gender conservativeness of the local residences of Eldamaravine contributing to the depletion of local resources?

Is the exploitation and depletion of environmental resources in Eldamaravine profitable and generating substantial revenue to the local communities within the surrounding?

Are there gender dimensions in the use of the forest resources? And if yes, what are the reasons for environmental degradation?

The above questions constituted the key issues which will be explored in the study.

1.5 Justification and Significance of the study

This proposed research will server be significant both to the local authority, communities and the central government in the following ways;

It recognises that behaviours at all levels affect natural resource conservation and use— from rural communities, forest rangers, park wardens, policy makers, presidents, etc;

It recognises that behaviours are decisions, actions and practices that affect the eco-system. In this study, the behaviour is Protectionist Policy on government side and communities’ behaviours (gender ordination) is reflected in their quest to obtain forest resources so as to alleviate poverty.

The recommendations and outcome of this research will be very useful to the Ministry of National Resources and Heritage in developing policy frameworks which would regulate/minimize over-exploitation of natural resources

This research project will advance sustainable policies which will be fundamental in protecting our environment and conserving the limited resources at the disposal of local communities of Eldamaravine. In return, such a move will pose a great socio-economic prospect through income generation activities such as tourism and lumbering.

Justification of the study

In this research’s perspective, the strength in the behavioural model need to be explored so that additional responses can be designed and where there are competing claims, equitable solutions be found. For example, it is recognised in Kenya’s policy documents that the exclusion of women from certain natural resource uses such as land ownership and management, including training and extension has partially contributed to lack of behavioural change with regard to environment degradation [NEMA:1997].

In this respect, this research will abide by the Kenyan Constitution and the by-laws enacted by the local Authority of Baringo. In addition, this proposed research will seek the views of the local community and leaders in relation to environmental degradation and resource conservationism. Other environmental oversight commissions such as NEMA will involve in the entire research process. An adherence to the codes of professionalism and ethical standards are mandatory.

1.6 Scope and limitation of the study

The proposed study will cover local communities, sub-locations, parishes surrounding Eldamaravine Division, Baringo County. The researcher undertakes the survey in the area, which will serve as a framework for obtaining narratives from participants concerning their views on how gender aspects contribute to environmental depletion. The participants will be both male and female from late teen to 65 years of age. The study use direct interviews and questionnaires as some participants might be in a position to read making the sole use of questionnaire bias.

Limitations of the Study

The sample size of this study is relatively small and represented a whole

Spectrum of ages ranging from late teens to over sixty-five. In addition, they will be all residences of the same Eldamaravine Division, Baringo County. The outcome of the study will highly depend on the reliability of the information provided by the respondents. It is possible the participants might not answer the questions truthfully, or that environmental and cultural factors may influence their responses. There are also financial and time constraints that might compromise the quality of the outcome of the study.

1.7 Definition of terms

Gender- this is the cultural and traditional ordination of roles and responsibilities accorded to men and women in the society

Resource depletion- this is the continuous reduction in the economic value and quality of natural resources.

Conservatism- this is the culture of constraining and conserving the limited resources coupled with traditional conservativeness.

Eco-feminism- the existence of fundamental relationship between the eco-system and women

Resource endowment- is how a given region is gifted with natural resources (uneven distribution of resources on the surface of the earth)

Environment- the surrounding in atmosphere which is determined by culture, tradition, natural resources, and nature

Degradation- is the decline in the amount and quality of the resources which an area is endowed with

Poverty- Poverty is a multi-dimensional concept with no universal definition. It has been defined in various perspectives as illustrated below:

A state of being poor; that is, having little money and a few possessions [Cambridge University Dictionary: 1997].

Absolute poverty, defined in terms of access to minimum standards of food requirements and sometimes to basic services, Relative poverty, when it refers to the position of a household or an individual in relation to the distribution of average income or consumption in a particular country or region, Temporary poverty is a phenomenon caused by conditions such as loss of formal employment, old age, disease, natural disasters and civil strife and Permanent poverty is caused by natural and structural factors that are transmitted from generation to generation [I.L.O: 1995].

Poverty as an attitudinal problem is that poverty that is not the lack of money or materials, but an attitude problem, i.e. it gravitates on the feelings, values and beliefs of people, those who say they are poor lack confidence and lack awareness of hidden resources— yet no community is lacking in resources. So long as there are humans living in an environment, there is energy, creativity, life and with good internalisation and synergies, these factors can be translated into goods and services that can off-set poverty conditions [Bartle and Karuhiira: 1996].

Poverty line approach is the minimum income needed for the necessities of life. In the context of this study, the researcher took the 1999 World Bank rate of US$1 per day as the poverty line and as such those who are below the poverty line are considered to be poor.

CHAPTER TWO

LITERATURE REVIEW

2.0. Introduction

This chapter will mainly focus on the relationship between gender and the environment. Literature on issues pertinent to forest resources and other natural resources use, conservation and management in many parts of Africa and elsewhere is extensive [Bruce A. Byers: 1996]. Academic researchers, universities, government agencies, individual scholars have studied and tested a number of approaches in this regard. This literature review seeks to re-examine the debate on gender and its role in the environmental degradation perspectives and the lessons to be learned from the experiences.

2.1. Gender and environment

Over recent decades, deepening concern about the environment has had a widespread effect on social behaviour and thinking. There are ever-increasing demands from people generally, and from young people in particular, for a higher quality environment. Also apparent is a growing awareness around the world of the close relationship between environmental problems and those of an economic, demographic and social nature, and of the need to take an integrated approach to solving them (ECLAC, 1991; 1992 and 1997a). This combines with a perception that, as the century draws to an end, global society is witnessing the exhaustion of a development style that is unsustainable in the medium and long term, one which has been characterized by its harmfulness as regards natural systems and its unfairness as regards people, and which is the outcome of major structural inadequacies in the growth strategies adopted (ECLAC, 1991; 1992 and 1997a). As knowledge about the ways in which different groups of women participate in development has increased, so the connection between gender, the environment and sustainability has grown in importance. Likewise, this knowledge has led to the conviction that a systematic effort is required if environmental issues linked with social and gender equity are to be incorporated into the development process. This is because environmental problems unquestionably reveal flaws in the socio-political and economic system, and the consequences for the environment of the way in which humanity uses the planet’s resources are conditioned by the types of relationship that exist between individuals and the different segments of society. These reflections lead on to the consideration that the human and environmental dimensions of development are inseparable, and that this link is a result both of the aggregate effect of social relationships and actions as they influence the natural ecology, and of the impact of environmental changes on society (Gallopín, 1986).

2.2. Sustainability

The idea of sustainability was originally developed within a biological and physical framework, in response to the realization that natural resources were finite. From the postwar period to the beginning of the 1970s, world concern was centered on economic growth and the accumulation of physical and financial capital, with technological progress providing the symbol for this process. But in adopting this development style, the importance of other crucial aspects such as human resources and natural, institutional and cultural systems was underestimated (ECLAC, 1991). The idea is now being applied in a wider context, and this has often led to confusion in the way it is used, as the policy implications that derive from it in the form in which it was originally employed (physical stocks regarded in isolation) do not give the right signals when they are applied in a different context. As a result, there has been a gradual move towards a more inclusive and comprehensive approach in which social, political and economic aspects are considered alongside natural resources issues, all of these being integrated into a common objective: sustainable development (Brundtland Commission, 1987). This broadened approach is beginning to take shape in the international debate which was initiated with the United Nations Conference on the Human Environment held in Stockholm in 1972. This meeting tackled the problems of poverty and the welfare of the world’s population, dealing with aspects such as housing, water, health, hygiene and nutrition.

The stress, however, was placed on the technical aspects of contamination caused by industrialization, population growth and urbanization, with emphasis being laid on the undesirable consequences of these processes. The approach taken to the environmental crisis was thus a markedly first world one (Brundtland Commission, 1987). Certain authors maintain that one of the problems is the lack of consensus over how to measure welfare in social terms. For this reason, more complex definitions have been put forward. For example, Robert Ayres notes that “sustainability is conceived of as a process of change in which the use of resources, the management of investments, the direction of technological development and institutional change are in harmony with and enhance our current and future potential to satisfy human needs and aspirations” (cited in Arizpe, Paz and Velásquez and others, 1993). Another reading, to some extent complementary, is the one put forward by Arizpe, Paz and Velázquez (1993), when they suggest that the concept of sustainability is like that of democracy: difficult and elusive, but indispensable to provide a point on the future horizon at which to aim. Again in common with democracy, it is a way of approaching the world that has to be built upon the realities of everyday life, alongside implementation of public policies designed to carry forward both processes. To this should be added the interconnection between them: sustainable development needs a democratic political culture within which people can improve their quality of life in an equitable way and cooperate in addressing the problems raised by the resources issue.

2.3. Sustainable development, the environment and gender

In international policy, the linkage between the interests of women and of the environment in conjunction with development is a recent one. For example, in the Declaration of the United Nations Conference on the Human Environment (Stockholm, 1972), women are not even mentioned and the term “man” is constantly used in its general sense of “human being”. Likewise, the first World Conservation Strategy (IUCN/UNEP/WWF, 1980) did not touch on social issues to any great extent, and women were only mentioned on a few occasions and then in relation to issues traditionally associated with them such as illiteracy and population growth. Only in 1984 did the United Nations Environment Programme (UNEP) set up a women’s advisory group (Senior Women’s Advisory Group on Sustainable Development), which began to study and advise on the Programme in terms of the connection that exists between the problems of exclusion as this affects women, the roles they fulfill and the damage done to the environment in the course of development, and the ways to deal with both situations.

In the Report of the Brundtland Commission (1987) mention was made of the crucial roles played by women as regards population and food safety, but no conclusions were put forward on the gender-environment relationship, nor were any specific recommendations made. Nonetheless, this document defined and delineated sustainable development, and was the first step towards debating the subject from this standpoint. It also led to the original view of women as victims of environmental damage being replaced by a conception of women as possessors of knowledge and skills that would enable them to act as effective administrators of the environment.

Nonetheless, when the first meeting to prepare for the Earth Summit was held in 1990, there was no mention in the official programme of the role of women in preserving the environment and the different ways in which they participate in development processes. The subsequent incorporation of women into the programme was to be largely a result of meetings held, under the auspices of the UNEP, in the four regions of the developing world: Africa (Harare, Zimbabwe, 1989), the Arab countries (Tunis, 1990), Asia (Bangkok, 1991) and Latin America and the Caribbean (Quito, 1991), where participants submitted the information then available on the main environmental problems of each region and their effects on the female population, while at the same time submitting proposals to be included in the debate undertaken at the Conference.

The work carried out culminated, before Rio, in two meetings held in Miami in 1991: the Global Assembly on Women and the Environment: Partners in Life and the World Congress of Women for a Healthy Planet. At these events the situation was analyzed in detail and recommendations for the United Nations Conference were decided on. Together with the proposals there were questions about the current development paradigm and a call to introduce changes that would ensure sustainability and a development style focused on the needs and rights of people. The consensus arrived at was presented in the document Agenda 21 for Women’s Action, which is an ideological framework providing a springboard for action, and in which participative democracy, universal access to information, ethical positions and full participation by women on an equal footing with men are put forward as the bases for change.

Lobbying carried out by the different women’s groups and networks, combined with growing international awareness of the problems of gender and the environment, resulted in principle 20 of the Rio Declaration, which says: “Women play a leading role in environmental management and in development. For that reason it is indispensable for them to participate fully if sustainable development is to be achieved” (United Nations, 1992). In Programme 21, which sets out the priorities for action to achieve sustainable development into the next century, although women are referred to throughout the 40 sections dealing with particular sectors and inter-sectoral links, it is section 24 that is devoted specifically to dealing with them. In this section, the focus is on the crucial role they play in bringing about changes to the current model of consumption and production, and it is emphasized that the active involvement of women in political and economic decision-making is necessary if all the Summit resolutions are to be successfully.

By the time of the Fourth World Conference on Women: Action for Equality, Development and Peace, held in Beijing, and of the NGO Forum, held in parallel, the linkage between gender, the environment and sustainable development had come to prominence. In point K of the Platform for Action, specific reference was made to the environment, and measures and strategic objectives were decided on, the central themes addressed by these being: the situation of poverty that affects many women, the need for them to participate actively in decision-making on matters relating to the environment at every level, and incorporation of gender issues into policies and programs for sustainable development (United Nations, 1995b). In the first six months of 1997, with the United Nations Conference on Environment and Development concluding its fifth year of existence, there were a substantial number of meetings to monitor fulfillment of the commitments accepted at Rio and implementation of Programme 21, and in June the Earth Summit + 5 was held in New York. In general terms, this evaluation revealed that although some progress has been made in terms of environmental protection, there are serious deficiencies in the process of orchestrating activities, and that changes in economic and political structures have not led to significant progress in overcoming poverty and achieving equity. Again, another of the subjects still to be dealt with is that of financial and technological aid from industrialized countries to developing ones to enable them to implement activities and processes that lead to sustainable development.

In this same process, the United Nations Commission on the Status of Women once again highlighted the need for a gender-based approach to be incorporated into the mainstream of development, as well as into the design and implementation of environmental programs and policies, including those measures that came out of Programme 21 and the Beijing Platform for Action, both nationally and locally (United Nations, 1997a). Complementary to this is the contention, in the Report of the High-level Advisory Board on Sustainable Development for the 1997 inquiry into the Rio commitments, that one of the prerequisites for securing positive changes to bring about sustainable development is action to secure greater independence for and involvement by women (United Nations, 1997b, p.8).

Caren Levy points out (1992), despite all these recommendations there is a curious resemblance between the fate of gender issues and that of environmental issues: both rose to prominence thanks to the activities and agitation of particular movements, the feminist and environmental movements, and departments, projects, and specific programs were brought into being for each, with the result that they were left outside the development mainstream, with few human and material resources being allocated to them. Likewise, it is often seen that “women’s” and “environmental” initiatives compete with one another for the few resources available, rather than being complementary (IDB, 1996).

In the face of this, there is often a tendency to emphasize the institutional nature of the problem, i.e., to bring about coordination of strategies and efforts between those responsible for environmental projects and those dealing with the subject of gender (Vega, 1996). However, the systemic vision that arises out of the notion of sustainable development goes beyond this. It requires a change of approach and mentality so that awareness of the environment can be informed by an understanding of the implications of social equity, and so that those who set themselves to achieve social and gender equity, equality and justice can forge new kinds of relationships with nature. Given the difficulty of the task, with both subjects cutting across all sectors of planning and development as well as being interrelated between themselves, the challenge is to identify both those areas where the two sets of issues are complementary and those where they are in conflict, if progress is to be made in terms of public policy proposals.

2.4. Ecofeminism

The ecofeminist approach takes a number of forms, but two can be distinguished in general terms: social ecofeminism and cultural ecofeminism (Plumwood, 1992, p. 10). What will be given at this stage, however, are the points that both forms have in common, and the main tenets of the latter, as it has had an important influence on the work of activists promoting the subject of women and the environment inside both the feminist and the ecology movements.

The distinguishing feature of ecofeminism is the way it conceptualizes the relationship of women with nature, maintaining that there is a strong link between the two, and defending a return to a “femininity principle” involving harmony, sustainability and diversity (Shiva, 1989). This position leads, on the one hand, to the affirmation that all women have a special relationship with nature, and “woman” is considered as a unitary concept and reality, centered on the role of women as mothers and nurturers of life, without acknowledging the differences that exist within this category due to ethnic background, social class and age, among other factors. Again, it is maintained that the experiences of women, be they biological, as determined by the female body and its functions (pregnancy, childbirth, lactation, menstruat

Actions Of Rosa Parks And How They Influence The Equal Rights Organizations

Actions Of Rosa Parks And How They Influence The Equal Rights Organizations

Early efforts and actions of Rosa Parks have significant implications to the equal rights organizations of today. This paper looks at the actions of Rosa Parks and how they influence the equal rights organizations of today. Rosa Parks was born in 1913 and was raised during era characterized by segregation and black suppression. Black suppression and segregation were considered normal way of life. Her life started from a humble background to a great position such that she could help in fighting for human rights in various ways. Her legacy has contributed much to people’s improvement especially in terms of rights and the lives of African-Americans in the United States. Many organizations have found it worth to keep the legacy of Rosa Parks alive by empowering and educating African Americans. Her urge to fight for the rights of the African-American community as well as empowering them could have been facilitated by her previous experiences and social life. She once worked as a seamstress for white residents in Montgomery. These residents were great supporters of African-Americans and their struggle for equal rights and freedom.

Rosa Parks mainly became an active in the work of civil rights during the 1930’s. She was among the first women to have ever joined the Montgomery National Association for Advancement of Colored People (NAACP) (Roosa, 2013). She contributed much especially when she joined this association. During that time black people were highly discriminated. African Americans could hardly sit wherever they wanted especially when travelling in a bus. It was required that African Americans sat in the black section of a bus specifically the back section. It was also required that when the front section was filled up, some black people would have to give room for the white people who would have just boarded the bus. Sometimes it was very traumatizing to see the bus driver taking off even before a black person from the white section had entered the back section via the back door (Wiley, 1961).

Rosa was caught up in the situation when she was asked by the bus driver together with three black men to shift so as to give more room for white people within the white section. Rosa refused to move but the three men gave way to white people. She was arrested and taken to jail. She was however bailed out that same evening. She had hardly planned for this incidence but she was ready to stand for her rights. Her drive was the attempt to terminate the feeling of being humiliated. This incidence aroused the feeling that her community was unfairly treated. Rosa was hardly the first person to resist giving room for the whites but she had the power to influence other leaders of civil rights in championing their cause. People hardly found fault with her character and therefore she could generate influence to many activists of civil rights (Wiley, 1961). A boycott was organized in which African Americans refused riding the buses until the aspect of facing segregation ended. This happened for more than one year by choosing to walk to work, carpool, or ride in cabs. This incidence marked one of her early influences.

Rosa was influenced by Martin Luther King Jr. as well as other people such as her grandparents, her mother, as well as the society youth. The society was however her greatest influence since she worked hard to better the society. Her influence to the society was facilitated by her great education and much experience in the hardship experienced by other African Americans. He fight for civil right was not through a call for hatred against the whites of even acts of violence. She was ready to initiate a belief that all people are equal and deserve equal treatment despite their perceived differences. She was not the only black American receiving unfair treatment but most other people could hardly stand against unfair treatments. This could be due to their lack of being members to any active groups or associations calling for civil rights and equal rights to all people. Rosa was involved in a group, which had strict goal of achieving equality among all people irrespective of their skin colors. This involvement contributed further to her strength, which is also reflected in equal rights organizations of today (Racial Influence, 2013).

The legacy of black Americans, now African Americans, is today felt through the efforts Rosa Parks among other equal rights activists such as Martin Luther King. Her efforts have contributed to great improvements in the lives of African Americans in the United States today. Due to her struggle and sacrifices to generate a better future for the African Americans in the US, a number of charitable organizations have been influenced in a significant way. Such organizations are today making education and the effort of empowering African American people their key focus. Some of the most involved equal rights organization that empower the black people include the Institute for Black Charities (IBC), the National Black United Federation of Charities (NBUFC), and the United African American Relief Foundation (UAARF) among other organizations (Racial Influence, 2013). These organizations are committed to empower the block people and enhance their civil rights in relation to their economic and social positions as well as their political interests. The IBC is a non-profit organization that provides various services to African Americans who live within poor or underdeveloped communities. Some services provided include generation of funds to support community programs, emergency relief, and more importantly public awareness campaigns. The public awareness involves campaigns directed to inform people about their civil rights and that they have equal rights and opportunities just like their fellow white people (Racial Influence, 2013).

Rosa Parks inspired important message that continues to live as seem in the way equal rights organizations are spreading the same legacy. Her message is today spread through films and books, which also keeps on empowering the blacks and strengthening the idea of equal rights. Books such as “Rosa Parks: My Story,” depicts a Park’s life story. Such a book among other documentations acts as reminders that the freedom enjoyed by African Americans today was achieved through hardships and great sacrifices (Contemporary Black Biography, 2006 ). Her contribution is still promoted in various ways apart from the equal rights organizations of today. People can still learn about her efforts and gain courage to extent the same spirit through many ways. The media industry has been among the leading organization spreading Rosa Park’s efforts and spirit. The Montgomery, Alabama bus incidence is one of the most remarkable incidents, which made Rosa Parks a legend in the fight for civil rights. She had not planned for the incidence but her courage just changed the lives of African Americans (Contemporary Black Biography, 2006 ). Equal rights organizations of today still incorporate such her attitude and motives to call for equal rights. Mostly, such organizations keep her legacy live by empowering African American communities, especially the most disadvantaged in the American society.

References

Contemporary Black Biography. ( 2006 ). Rosa Louise Parks. Retrieved from encyclopedia.com: http://www.encyclopedia.com/topic/Rosa_Louise_Parks.aspx

Racial Influence. (2013). Rediscovering Black Heritage and Racial History: Charitable Organizations Dedicated to Advancing Black People. Retrieved from blackmayors.org: http://www.blackmayors.org/tag/rosa-parks

Roosa, J. K. (2013). Rosa Parks. Retrieved from CollegeTermPapers.com: http://www.collegetermpapers.com/TermPapers/American_History/Rosa_Parks.html

Wiley, M. (1961). NC Civic Education Consortium: The Freedom Rides of 1961. North Carolina: University of North Carolina.